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bv the execrable conTact of the Incendiaries !c- : nonstrate that a crisis has arrived, ;nvolwug the in very existence 01 uiu ouir-. n.. have b.ien resorted to without absolute necessity, bat have grown out of a popular exciterent, crea ated by the pr acceding of the Abolitionists, the evil is not less on that account, nor the less to he deplored. When we contemplate the painful scenes wliich h ive been exhibited at Yickxburg, v,h-a we bear of travellers arretted, an ! .vispected persons being Lynched when we witness the rest less anvietv which seems to pervade the whole S .t!i nnVthe ahuot universal disposition on the t i l . . 1 1 I, ni.i wii rf part of a people (heretofore distinguished m a " law-loviu" and law-abiding people") in take the 1 1ar into their own hand we do, indeed, tre:r.oie fr the reputation, the welfare, nay, the liberties of the Southern Strifes:. If the proceedings of the A!) ditioriists should be attended by no other effect than t reconcile the S .ijtii lo socio an irresponsi ble despotism, as must eventually spring out of the proceedings of Lynch Clnhs, a:d C :n nittres of Vigilance and Safety these alone would r. s-jlfi-cient to convince any one, tliat ties evil is not to b nvteii louder endured. We hesitate not to say, that ur Country will not he worth living in, if measures shall not ere lonx be devised to put an end to agitation, to restore eare and tranquility, and secure the triumph of law arid order through out the Southern States: To e fleet this, much may be done bv vigorous action on the part of the con stituted authorities of the State, aid-d by an enlight ened public opinion hut after all, the Abditiori Societies will still exist, a fearful contest will If cont-iut!y waed, and even could we succeed in def.-n Jiu ourselves frm the invasion, and If able to keep tiie enemy at our borders this can only be c!icte.l at the exjicnso of perptual aitafijii. unceasing rllorts, an 1 a consequent popular exeite ineut whicii must be attended by the most injur i mis consequences. To remain at peace, the evil inu.vt be cut up by the roots the Anti-Slavekvie Soc TXks must be dIssolvew and this we believe can oniv be effected by the conjoint action or the Soi;tiiei;n States. It is lbrtunate fir thr? South that there is one subject at least, which can unite them, and the pe riod is at h ind, when we mist be cnitei, in sen timent and in action, or all will be lost. That the S uth is not now united, as to any course of conduct, is a painful truth. The proceedings Gf the Incendiaries have, indeed, roused them troni that fatal apathy which threatened to become the sleep of death." Hut we have not yet been brought to see and feel the true character and extent of the evil, much less to realize the necessity of united councils, and of prompt and decisive measures. In North Carolina, a faint voice has been heard, from one or two quarters, responsive to our appeals. In Virginia and (Jcoria, judin from all we have seen, a lare portion of the people seem m re in tent upon fleeting Mr. Van Karen to the Presi dency, (an advocate of the Tariff and Missouri re striction,) than upon securing the rights of the South. It is notorious, that the Richmond I'oqui rer, and pipers of that stamp, have Ijet rayed their trust, and openly sacrificed the South, at the altar w'lieu thev have sacrilegiously erect.-d to Jackson ail Via IVrre.u. The dejrradiur spirit of man worship, bke the idolatry of the Israelites of old, j terly inconsistent with the Federal compact, and will ass irelly brinij .'o.v-i upon us the terrible pin- J wiii no longer be snhmitt d to and culling upon Uhment due to apostacy. That any m i i b rn and j the Northern States t.j put down by I'e.wl laws bre I at the South, should at Tins coti-is, bestow i tho Abolition S cie!i -s, a:. d to .-up;ress that foiuti cveii a fhoun'iit uoou the honors and odiees of the J caf spirit am r.yz a portion of their citizens, which Federal (joverninent, that he shou! 1 diire to so-.v , is m iking war tipm our losfitutions, and threaten, division amoajr t!ie .'ople, and distract the c uo- ! mr ,,Ur s ie-ty, and dt daring that if t Lis ju-t de eds of the S itith, for the sake of Martin an U i- j ,n m l be refuse We soal! !iold them, as we do the ren, or any other party leader, excites a deure of i rest .f the world, enemies m war, in jx-ace friends, astoriishmeat and alarm, inferior onlv to that with ; Lt the truth be m t ! 1 n .vn bv some declaration which we contemplate the partial success of such Wioits. Heboid the lamentab!; consequence! Virginia about equally divided! ail (ieoro.ii on the eve of a contested election (the interest in which has nearly obsorbed all other considerations on the part of her citizens) w hich is todeci le whe ther her rulers shall be the partizans of Van Ha re n or not. We hope, however, better things of the South. When the designs of the Abolitionists shall be ! more fullv developed and exposed when the evils trowing from their operations shall be more ;ene- rally and deeply felt when tin? eyes of the eop!e j shall be opened to the wretched dduiou, that they j have any tiling to ;am bv the elevation of political t aspirants to office 'under the Federal (iovemment j but, above all, when the gkeat body ok slave rrei oKrrs shall be brought to realize the absolute , necessity of union among ourselves, with a view lo united councils a id united action, then, and n t until then, can we hope for success in the orcat Ktrujle in which we arc enaed. In the mean time, the Abolition Societies will iun thousands and tens of thousands of their Incendiary papers will be published ami circulated in spite of all that may he said, or vill be done. In the end, howev er, when these societies shall have gathered strength when the anti-slavery sentiment of the North shall be greatly extended and fortified, we shall be aroused from our slumliers, nnd awakened to a .sense f imjiendin;; ruin. The people will then see the necessity of adopting the only measure that pro mises security a Convention- or the slvve holding SrvrEs. That this measure, if resotred to in due season, will prove effectual for the redress of our j;rievances, the protection of our rights, and the preservation of the Union, we do n t entertain a doubt. Thut we shall be compelled eventually to resort to it, we have no more doubt than we have of the existence of anti-slavery societies at the North. If the slave-holding States could wm be brought together by their delegates in Conven tion, to 6nt forth our grievances present our claims, declare our rights, and announce authoritatiuly our unalterable determination to maintain then, by COMMON COUNCILS ANI A COMMON COURSE OI' AC TION, we do not entertain a doubt that our triumph would f certain and complete, iritftout endanger ing the Union. Delay will render the accomplish ment of these objects much mote difficult. In briuijin together the slave-holdinir States, by their delegates in Convention, the primary object must be, to make an authoritative Declaration of; the Rights of the South in relation to slavery and to ch:im. in the most solemn form, of the nou-slave- bold.ug States, the fulfilment of their duties imder ; vention, will b; such an appeal to our Northern the constitutional compact. The proceedings of : Brethren as may convince thMn of the absolute no public meetings arc read and forgotten and when cesstty of putting down trie Abolitionists by State cur Northern Bret hern have gotten up an Anti-sla- j Legislation, and this we are persuaded, can Ixj cf verv meeting, and assured us that they have no j fected by such a Declaration as a Convention may sympathies with the Abolitionists, they think they put forth. and that it can be eff-cttd in no other have done all that can be required of them our way. We are well aware of the objections wliich public presses are loud in their praises of the libe- will be urged against such a measure, and we know rai spirit displayed at these meetings unthinking ! that a host of interested men, who desire to use t lie men among ourselves congratulate each other j South merely as an instrument fr the advance and here the matter ends. But arc the Auti-sUve-1 ir.ent ef party leaders, will srjr.J the akrm of" the ry Societies dissolved ! Have Tap pan and bis as- sociatics uiscontmued tneir operations I irtvc me AJf)liti'ai-;U been put uo.vu .' Listen t their de clarations, arid then judge whether any thing has yet been accomplished in our warfare a:;:iiu,t these wicked or deluded Fanatics. Tnev say " In the, midst of the might v commotion that is raging around us, the great carniral of Tyranny and Persecution we sses.s our souls in patience, and stand prepared, in the calmness of innocence, in the firmness of integrity, an i in the majesty ot eouseiou, rectitude, to encounter all the malice and firv of a guilty, tyrannous, and infatuated people. Wc shall .or yield n inch. We shall not abaci Ion a single principle, nor suppress a single publication, nor recall a single agent, nor diss jive a single society, nor relax a single efiort. Lament ing; our pit in hlf'n-nce, slothf do ss, unbelief, and covetiousnoss ; we shall aim hereafter to be mure zvalous, more active, and more liberal." Tlie citiz?ns of New York meet together and re so'ce that the A b l:t t-tiits an; wrong an J ought t discontinue their proceedings they reply 44 we will not vield an i:jch, we shall not abandon a sin gle principle, nor suppress a single publication, nor recall a single agent, nor dissolve a single society, nor relax a single eif.rt" arid what follows? by, the people of the Nortli quietly f l 1 their arm-; and say, they are 44 very sorry fr it"' but it is impos sible to interfere with 44 the freedom of speech and of the press," and thm, frsoot!i, complain that t ho Soudi is not satisfied, and talk about " reaeiio-i'' !!! Now it is jterfectly ch ar that out of this state of feeling and opinion at the North, nothing good, at least nothimr effectual, can possibly spring and if the Abolition Societies can only be put down by penal laws, pae 1 in the States in which they exist, it f ll iws that some radical change must h: etleete 1 in the public sentiment there, before redress can be obtained by the South. A solemn A iM'E ve, made by the comhinki) Sot th, will assuredly cllect this object, unless, indeed, the disease is too deeply seated to admit of any cure and if this bo so, the sooner the truth is made manifest, the better. If nothing short of a dissolution of our connexion with the Northern States can secure the rights and interests of the South, the Union will u npiestiona bly be dissolved. But we repeat, if am. thmcr can avert this dire calamity, (which we regard as only inferior to that dangerous and perpetual toterfer euce with our domestic institutions, with which we are now threatened,) such a Convention as we have suggested, will effect it. Coming from the com bined South, it will be impassible for our Northern brethren to disregard it. Calling fr action o:i the part of the North, that call rmiit be acquiesced in, or deliberately refused. Mere words, professions of sympathy and friendship declarations of opin ions tnutt either then be carried out into efficient action, or they iiw-t be c n-iil'-red as altogether empty, idle, and uumca'-.ing. Next in dignity and iumortaucc to the Declaration which made the old thiit'-eu Colonies Sovereign and Independent States, would le a Declaration of a Convention of the si ive-hoding States, setting frth that slavery as it now exists in these States is, in all its bearings, a domestic question th tt the people of no other State have any right to interfere therewith in any manner whatsoever th.it such interference is ut- like this (couched in sU'-h term.--, as become sove reign States sneaking to their equals) that the who!.? South is united as one man in a fixed and unalterable determination to maintain our rights, and defend our property airiinst a!! attacks, 1; the consequences whit they may and we are as cou ri l"ot as we cm be of any thin future, that i:e di:ess will be oi:r i.ed. Let it bo remembered. that the end to be aimed af, is the suppression of the Anti-Slavery Societies, by the Legislatures of the Northern States, and the establishment of the principle that our Institutions shall not in any way be iuterlered with hereafter by the citiz'ms of these States. Wo have assumed, as we believe the (act to h", that a lare majority of the peopb of these States, including the. reat mas of t.al-Mit, fortune, and iullueurrc, are now opposed to such interference, thou j;h thev do not see and 'eel the necessity ot oing further at present, than merely to express this disapprobation. We have shown, that the conduct of Tippan, and his a-;s ci ites, would, if the several States were wholly indejHMident of each other, imjse upon the State of which thev are citizens, the obligation, according to the rules of international law, or. itilliclin upon them such punishment as would prc.ent a repetition of their offence. We have also shown, that the obligation in this resnect, is at least as strong under the Con stitution of the United States, as it could be anions Independent nations, and therefore, that it is the acknowledged rie;ht of the Southern States to in sist on the Abohtio Societies be in, put down, and the unquestionable duty of the Northern States to accede to the demand. All this taring clear, and we sav so from a thorough conviction that the more these pjsitions are sifted and examined, the more incontrovertible they will be found can any ra tional doubt be entertained, that a solemn declara tion on the part of the wh !e South annourxiu these ;rroat truths, and claiming from their North ern brethren the iViiillment of tiieir duties under the Federal compact, would present a case which would make an irresistible appeal to their justice and patriotism ? At this time, there is not one man in a thousand at the North, who believes that the suppression of the Ar.ti-.Iuvery Societies, and the prevention of ail further interference with our Institutions is essential to the preservation of the Union the Citizens f the South themselves, t!;:uj";h they have so said, have hardly brought this truth homo to their own minds. It istimojji it all parties should be made to feed and know, that the Institution of Slavery at the South is as sa cki:i as the Union it-i:lf. The first, and great end, therefore to be obtained bv a Southern Con- If this seriH less r S "i:tn from their crv shall! be suffered to drive the Union ! the Union ! in danger !"' duty to themselves ami their prosperity, all we cn s clusivelvin these prohibited articles, of which they say is, they will feel, when too late, the fatal effects would enjoy a monopoly. We do not think there of tticir folly and weakness. I would be found much difference in extending our We Ijelieve that the Union is in danger, in ! non-intercourse system to cities, instead of conil great and imminent peril : unless something ef-1 ning it to individuals. The door to evasion would fectual be done, and that shortly, to put down the i still be wide open, and we are persuaded that the Abolitionists of the North, and thereby to restore soirit of resistance won 1.1 be exhausted, in a vain that harmony and good understanding, w hich so ! long and so happily existed between the North and the South, all political connexion between them will assuredly if dissolved, and then we shall have commercial rivalry, political jealousies, and bloody wars with all their attendant train of ei!. I: is to arrest these dire calamities, and to restore peace and harmony to our distracted country, that we would recommend a Southern' Convention. The projier time for a Convention of the non slave holding States, will be when the Legislatures of Pennsylvania, Massachusetts, and New York, shall have adjourned without passing laws fir the suppression of the Abolition societies. Should ei ther of these States pass any such laws, it would j te well to wart till their etucacy should lo tested. Thy adjournment of the Legislatures of the North- ern States, without adopting any measures eflectu-1 ally to iut (!uwn Garrison, I appan, and their asso- announcement ot tne discovery will, we conceive, ci ites, will present an issue, w liich must be met by j not be a matter of indifference to any. the South, or it will be vain for us ever after to at- j On this interesting subject, we have been pcr tempt any thing further than for each Southern j niitted to make the following extract from a letter State to provide for her own safety, by defensive addressed by Thomas G. Clemson, Esq., of Phila measures of her own. If the issue presented is to delphia, Corresponding Secretary of the Geologi be met, it can only be done by a Conv ntion of the fil Society of IVnnsy Ivania, and a distinguished aggrieved States, the proceedings of which to be of Graduate and Professor of the School ot .Mines in any value, must embody and make known the sen- Paris, to a gentleman of this tow n, (fr many years timeits of the whole South, and contain the distinct p:t extensively engaged in the mining ojK?rations annunciation of our fixed and unalterable determi- of this District,) by w hom the stone, in its native nation to obtain the redress of our grievan- rough state, was submitted to Mr. Clemson for his ces, be the consequences w hat they may. It may j inspection and determination of its character : be thought, that it would be giving too much im- 44 On the Diamond question there has not been a portance to the Abolitionists to call a Convention, I dissenting voice 1 exhibited the Gem at the Geo merely to put thnn down, much less to adopt, tor j logical Society, and read a short notice concerning the purpose, measures w hich may possibly lead to j the same. It was too late for publication in the a dissolution of the Union. We believe, bow ever, numler of Geological Transactions that has just tint we must either put down the Abolitionists, or japeared but the Publication Committee have in the end they will put us dow n. We regard ; made mention of it. The paper I read upon it has them as the embodied spirit of that political fana- 1 lten forwarded lor publication to the " United ticism w hich, in (neat Britain, from small begin- j States Naval Lyceum," the first No. of which ap nings has at length destroyed the West India Co- I pears in November. I thought that Journal would lo:iies. This spirit is now f r the first time walk- '' give currency to the interesting fact, and give you ing abroad in our land, so feeble and immature, proper credit fr the discovery." that it maybe crushed, shortly it will attain a We shall publish the memoir referred to, on re giant's suture, and with a giant's strength, will ceiving the Journal which is to contain it. tear down the pillars of the Temple, and leave us ) . , overw helmed beneath its ruins. Like the cloud of j Frnm th y(W. Yorh Courier awl Enquirer, of Aov. 8. Samaria, iq.po.rng at first 44 no bigger than a ();R llULxno wm, FllAXCE. mans hand, but soon sprcadm over tie Heavens, ! ... , and devastatin g the earth bv its firv t!ie cause of ! . U 1(-:,r,5 tn':n authority which cannot be ques Abobtion, now confined to one or two small spots t"t gentleman m Philadelphia, known to in our country, will soon pervade the whole laud ; : lw l tne',,J 'h' Administration, declared on Sa and our peace, prosperity, and Inppiness may be trcKi t hat Mr. L vur n, our Charge at the French utterly destroyed. It is not merely, however," the "' t, had written such a letter to the I vouch Min u itting down of Auti-Sl ivery St-ie'ties that nukes 'f' b-v 1 ,Ci (iirllo!l en. Jackson, as cannot a Convention necessary, -we .rould seize the occa- j V a war m six months ! sion to come to a iwnt cniiekstanuing with ock ! We do not leJieve the gentleman is correct in Nokthekn BitETH c en, as to our rights and their Ids estimate of the consequences of any letter writ obligations, under the Federal Constitution, in rela- ; t' hy Mr. Barton; but we have no question but lion to this vitally important subject. We must j J1U made tiie declaration, ami from his high stand have this oue.Mon settled once for all, whether ' uo are equ illy certain that it was made, and our peculiar Institutions are liable to be assailed bv confederates. We must establish the nrincl- our conteiierntes. u e must esiainsn tne nr pie, that our domestic Institutions must If held sa- . '"s ri:anr, for as such and nothing else, should cred, and that tin- i the only condition on which lX treated. We will now proc-ed to state what we can rem tin in co-mexion with them. We must u" understand, upon good authority, to be the e.x h ive it clearly tin ier-to .d, that in framing a Con- i-ti'ig state of our relations with France, titutional Union with our Northern brethren, the' We stated sometime since, that the French Go slave holding Stat co.i-ider that they have render- ' vcrnmciit bad caused it to be intimated, through its ed themselves no more lial.fe to any interference with their domestic c m.. mained entirely iti'lcnen r is, th m if they had re- 'it of the other States, and that us such interference would, among inde-j pendent Nations, f a ju.-t cause ot war, so among letter written on the eve of Ins departure from i.iemlier.s of such a cottiederacy as ours, it must , France. In reply to this, the Globe stated distinct place the several Stages in the relati o towards ! !y that the French Charge bad not made any com each other of open ene;nits. To sum up, in a few J municatiou to our Government on the indemnity, words, the whole argument on this suhje.-t, we : and tiiat the President would cheerfully cause it to would ay, that the Abolitionists can o dy be put I le stated to the FreivJi Ministry that lie approved down by legislation in the Mates in win n they ex- rst, and that this can only be brought about by j to that effect siould be made to him bv the re pre -the embodied opinion of the w hole South, acting . sentative of the French Government. This was a upon the pubhc opinion at the North, which can i full answer and a satisfactory one, to our allegation only lo etiected thr n!i the instrumentality of a Convention of the slave-holdieg Slates. For this however, we believe the public mind is not yet pre oared, especially in our sister States. The object of these ICssnys, threrefore, has mere - v been to call public attention to this subject. 1 Tne Teat danger to be nporehendod is, that the public" mind may rece.ve a wrong direction, which, lea ling to the ad pti n of itveficieut measures, and a reliance on temporary expedients, may disappoint our expectations, an I involve us eventually in ruin, Such wc consider all the various schemes to which we have already alluded, and to which we must It i alleged, and we call upon the Globe for in now add the more plausible projects of a Conven- formation as to the truth of that allegation, that a tion ok Soithen Mekchants, and a commercial j formal demand was made upon the French Mmis non intercourse. Having already extended these (try, by Baron Rothchild in his capacity as Banker I'ssays Ix'vond the limits which we had prescribed of the United States, for the indemnity voted under to ourselves, we cannot enter at large into these i the late act of the French Legislation. To this propositions. We shall therefore, merely suggest, 1 demand the Ministry gave a decided negatire,Mn that a Convention of one class of citizens must be j less accompanied with an explanation of the otlen less influential than a Convention embracing afVjsive language used in the message of 1535. In classes one composed of priratc ycrsons must ! consequence of such refusal, Rothchild is said to have less weight than one comjosed of Delegates have inquired whether the reply was official and fi of the People; and there is nothing which a Con- j nal, and received fr answer that if his application ventiou of Merchants could say or do, which might j was to be considered official and authorized, then not more edectuallv If said or done by a (1F.XU- the answer was of course also to be so considered, 11 A L CONVENTION OF TlIF, SOUTHLRN and that it was find as to the intentions of the STATUS. We have no fiith in the etucacy of French Government. Upon this, Rothchild is said non-consuming resolutions. The non-intercourse; to have agreed that the demand should not be con system failed in France, when backed by all the sidered official, and that Ins communication to the power of the Kmperor, while Uurope was at his i President of these ficts should be of an unofficial feet. It failed in this country, when it was the j nature, accompanied with such suggestions for the darling scheme of Thomas Jeilerson, "the man of minister as would lead to an adjustment of our dif the people," and was sustained by the popular opi- j fieulties. riiotis of three-fourths of the State. The truth is, j This being settled, Rothchild, it is sai l, address that the great mass of mankind, under the impulse led a letter to the President advising him of what of feeling, or a sense of duty, may be willing, on an ! bad transpired, and assuring him unofficially from emergency, to encounter privation, or even to lay I the French ministry, that if he would cause his ap (lowii their lives in a good cause, yet they can ne- i pmvnl of .Mr. Livingston's letter to be officially ver be brought to endure patiently long continued j communicated to the French Government, it would privations. Soldiers march to battle more willing- j be considered an ample explanation of bis message, Iv than they submit to the discipline of the camp, j and the indemnity le paid. To this Genl. Jack A system of non-intercourse or non-consumption, if j son demurred, and took, as we think, a very proper long continued, would wear out the patriotism of ; and dignified position. He said "I will not cause the eop!e, and to produce any eltect, it must be ' any such notice of my approval of Mr. Livingston's universal. Besides, if Tappan's teas, and the Lo- letter to be given to France or any other power, well Cotton, are as good, and can be sold as cheap, The letter was official and has been by me public as similar articles in the New York or Philadel-J ly approved. If France will apprize me officially phia markets, how are they to be distinguished J that such approval when communicated officially to from others ? The simple employment of secret j that government will lie satisfactory, and the in agent.s would defeat all your prohibitions. Ha- 1 demni'y in consequence paid, I will not hesitate a ving no ear mark,'''' the goods of the Abolition-! moment to cause it to be done; but I cannot take itscanr.ot be distinguished from ethers of the sarne I so unusual a course without aa olficial assurance deseripf ien, and even if they could, men would be found readv to make their fortunes bv dealing cx- and fruitless etf rt to effect, by indirection, what should be accomplished by an open and manly course of conduct, letter adapted to a high jnindeJ and gallan' people. I N TELLIG E NCE. Prom the Cliarlottc Journal. A DIAMOND FOUND IN NORTH-CAROLINA ! That a Diamond has been recently discovered in North-Carolina, in a mineral association similar to that of the Diamond Mines of Brazil, is a fact which the scientific world will hear with much in terest. And, without regarding it as a circum- stance likely to give rise to new speculative invest- ments, (which we think it will not occasion,) the J subsequently ben called upon, repeated, upon 1 what -he believed goo 1 authority. Tims much for 1 Charge at Washington, that it was prep ired to pay the indemnity whenever General Jackson would cause it to If officially communicated to the French Government, that he approved of Mr. Livingston's , of Mr. Livingston s fetter, whenever an applicatio m 1 as nut at that tone ; but we have reason to believe that it was not quite as ingenious as it might have been. We alleged that the intimation oft he willingness j f the French Ministry to pay tiie indemnity ou the ! approval of Mr. Livingston's letter being otfici tlly ! communicated to them, was made to General Jack- j sot through the French Charge. Herein lay our j error. We now are informed that the following i ure the facts of the case, and that the intimation j uas made through the Baron RothchilJ, and not the j Charge. that it will not be rejected and further explanations demanded." , . We call upon the Globe to say how much of this version of the affair is true, and for ourselves we have no hesitation in adding, that if correct, as we believe it to be, the President has taken a view of the subject which will meet the cordial approbation of the people. From the Raleigh Register, rf Xovemlcr 17. FEDERAL COURT. The United States Court for the District of North Carolina met in this city on the 12th, and adjourn ed on the loth inst. the Hon. Henry Potter, Dis trict ludge, presiding. Several Civil causes were disposed of, but none which presented questions of general interest. There were two causes on the criminal docket. The first, the United States r. Nathan IIlnt- er, of Kentucky, charged with passing a counter feit Note on the Bank ot the United btates, to a citizen of Ha v wood county. The Defendant was acquitted. Mr. Devereux, the District Attorney, conducted the prosecution, and Mr. Ikedell the defence. The second case was an Indictment, containing various counts against Thomas T. Patton, of Bun combe county, and was founded upon the Act of Congress making it felony to fabricate any paper for the purpose of obtaining money from the Trea sury Department, or oflering any such paper, know ing it to be forged, with intent to defraud the Uni ted States. The fact of forgery was not contro verted, but the Defendant offered to prove by the individual on whose behalf the false affidavit was i oliered, and by other testimony, that the applicant was fairly entitled to the Pension sought to be ob tained for him that the Defendant had good rea son to believe his claim a good one, and was not, himself, to receive any pecuniary advantage by the transaction that he did not attempt or design to defraud the Government, and that the material facts stated in the forged affidavit were true. The introduction of this testimony was opposed by the District Attorney, on the ground, that the intent to defraud, though necessary to constitute the ofience charged in the counts for presenting the paper at the Pension Oilice, knowing it to if false atitl fabricated, was not necessary to sustain ! the first count in the indictment that this count was founded upon the first section of the Act of Congress, by which the fact of forgery was ren dered penal, without regard to the actual intent by which the party might be influenced. This question was discussed with much ability by the District Attorney lor the United States, and Mr. Badger for the Defendant. The Court de cided that the evidence was not a valid defence un- der the lirsfVou.it in the indictment. A nolle pro ! sequi was thereupon entered upon all the counts ; except the first, as o which the Defendant submit ted to a verdict and moved, by bis Counsel, for a ! new trial, on the ground that the evidence negativ ' ing the defrauduletd intent was improperly reject- ed. This motion was, by consent of both parties, i adjourned over to the next Term, (when the vacan ' cy now existing on the Bench, in consequence of the demise of Chief-Justice Marshall, will doubt i less le supplied,) and the Defendant entered into j recognizance for his appearance at that Term, i The circumstances attending this case were no '. vel in their character, and the trial one of more : than ordinary interest. As another investigation, however, tnav take place, any other than a mere ; statement of the legal questions discussed, might i be regarded as improper, j ! The Cape Fear Bank. It is supposed that the subscriptions to tiie new Stock of this Institution, will greatly overrun'the required amount. At the close of the books at this place yesterday, the num ber of shares taken amounted to 1,769; and we learn from the Raleigh Register, that up to Mon day last, 7G shares hat! been taken in that city. This leaves but b"J3 shares to be subscribed in all other places. Fayetterille Observer, of JYoc. 1G. Washington Monument. We are rejoiced to find that the Board of Managers of the Society for erecting a grand National Monument to the memo ry of Washington, in the city which bears hid name, have determined to prosecute the work with, a zeal wliich cannot fail of success. Agents liavo been appointed for most of the States and Territo ries, whose duty it is made to call on the people ; throughout the vvho.e country for subscriptions; an i 1,10 Consuls of the United States m foreign j jiis ii.ne aiso oeen requesieu 10 aci as agents tor the collection of funds from Americans residing abroad. In this way we have no doubt that such a sum may be raised as will erect one f the most splendid monuments in ' e world. There is no American who will refu . to contribute some! Id rig to such an object. lb. Mr. Madison. We conversed with a gentle man, a day or two since, who had lately seen this I venerable patriot at his residence in Orange, and j we are happy to learn that, although Mr. Madison j is exceedingly feeble, being strong enough to walk i about his room only, yet he is free from any posi i tive disease, and retains the full possession of bis j almost unrivalled faculties. He is in the St5th year ot his age. lb. Petersburg and Roanoke Rail-Road. On the 2d instant, the President and Directors of this i Company declared adividend for the last six months j f fre Per cent. No better evidence of the suc cess which has attended this improvement can be I required. Petersburg Intelligencer. Cotton. Since our last date, 2,555 bales have been sold in this market. We quote to-day at 13i to 1-1'. A few bales, however, have been sold be low 135 and a few above 14J-. Columbia Times oXov. 13. The S ynod of South Carolina and Georgia was opened yesterday, in the Presbyterian Church, w ith a sermon by the Rev. N. Hoyt of Georgia, after which the Synod proceeded to the choice of a Mo derator, which resulted in the election ef the Rev John Witherspoon, of Camden, S. C. lb. White and fflack Slaves. Complaint is made that at the South an overseer is deputed to see whe ther the slaves do their duty. At the Michigan election, Van Buren blue tickets were iven out and persons apnomted to watch whether the wl .diite staves aepositevj t::e blue badots- here is duT? rcr.ee ? 1 ..
