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cr.-
NEWBERN, N. C, SATURDAY, 8th JULY, 1843.
VOL. I.
NO. 3.
TERMS:
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p.t three dollars per anmn i
. the Sia'e. must he accorapa
for this paper out of te o.o i
. , . ' . ,,r responsible re trence.
rued with !! h-s ,,r ' , r o
Advcrtif''""1'4 inserted at seventy -fiot cents a
,.,e first insertion, and thirty seven and a
aceiits for each subsequent publication. Any al
teration made in a published advertisement, al the
request of the advertiser, sball subject bim to the
xii charge for a first insertion.
Court Order, and Judicial advertisements will
. ,.i,,rH tiMiin-fire. tier ctni. bi'S-er than the
rates specified above ; and year(y advertisements,
.';trty i.'irec and tfttrrf per cent lower.
Job Work, iual cases, must be paid lor on deli
very .
UPAID LeTTEHS,
addressed to " The
lumberman," "ill not, in any case, ue lasen num
. i r
the post om re
i lit. di;lr r MARCH.
A IWSSAGE IN TJI CAREER tr NATOLEON.
On the ILtn at Jul,, 1795, as the dying
('.(V Willi juid(.Mi spK-ndor tipl iliu mosqcies
;niij iuiaui of Alt;x.u)tJri i, a spirit. stirring
! ,.r'ly sounded Ciorn a large encampment
bistdo the city walls, ;nid at the sam.r tim
lim li- ivy buo.-n of the evening-gun from
ibn
ilti)U a tower annunncea to llic lazy
r3'...i. .ii..t iii,- Uri oi L rai-co nat
d folded
iiiir kik ,vm u5)oii tl:e suures ol
t
TJi' fJrdin u( Ti inco now lit-al to
a i ms.
Til m in v "1 tut? t.-ast started to its lent.
4 l) C.iiio and tiia pyramids!' cried
5-ivau.
'Vo b-nd tor l'i ci Muniluke;' crifd
Hit' 1111,1. 1 III iM '!.
1'u G id a nouf 1 ? ho citiy.;n-3o!dioi !'
died me in 41 It i . - dddier.
' f'o lound iiu t;:ii,.n: (i pun tho ruin of
(" f u ijr i i's , ' liimJ N iiMiit'on, iis ho uiounleu
bold-is of the r e . i i? ; r , -iu.u..
Lon livo iiu' i i v :' liiundrtd along
the inn ti l i. if, ;: ' lnto on Ql
ufiins, j liioid o.i .id, preceded by tli
j)ld'.s.
Smin h k. ritmvis, loo.vinjj tow:itds D'
manni , :iw.;i moss drckfd iowi ol
aes, s.iw me glutei fllns t do into Ux
dliu siiad'iws fjfv.Mnng. A faint strain ol
inaittal music st 'i k upon tuu ear, a hum
us though mulfi' idt had spoken, passea
upon th- bieZ" Naj.oluun -ntered llio de
sfii I IV h cm teli'tuj solT.ii-L'S of that
woiirv inucii. Tim ni'li- soon passed away,
:nid tho veriiciil sum, imdirnmed by clouds,
without a life 01 lnoi) to ol)e a momciiia
ry sliade, fooUed d wn upon Uie serried
i ;i:iks ol itw uimv ol the east. Thu leader
and his e:ieials mvv dismounted ar.d rndu
red the soldiei's stiff nogs. Oowjni tiiey
march, a baud of fieno and indomitable
Spints h'd f v too conqu. roi of th Alps.
Tnirsi co il l not iaaie tu . li i scoi cli
i!?g sand ofX'it;d ttiem no hiiderance.
Clouds ol lorni nun'' iuscis waited from
the
slim V
no, udieiru mem not. 1 he
Aiab's veil m midnight was music to their
t-ar. Ouwaid, nhouti'd ihs leader from the
I'oundless hinhwa', of tho desert, and on-
7 i
ward ruihud the twU of lite. Around them
what a prospect I They were fresh fiom the
plains of sunny Italy ftomthe oiange bow
ms upon the hill ides, gemmed with cam
ples hallooed by genius, and cottages redo
lent with Itle and lov-. How changed the
scer.e ! On ever stdt; thfi desert, like an
ocean waved in voiceless tide. The chrys
tal fountain spu, fed from tne glimmering
po ok ot Joa, u ih d ueloie their ilmsty
e v o in oi e. i'iie chestnut of Linguedocf
audl iov uco wooed then; no, longer to its
WillSpfl 'tig
sh id-i. All w is s id, scoi citing
w 1 1 u
rin,
a. chtss
ll
, witn
illead
here
and
the
ttieir
twi-
tatie llio mirage, looming
i'
like
breast of an inland
ake, to tantalize
iontjjnj visions.
.Night
came without
iigut, r.ild u 1 piercioir, but brought no re
lict. F m in tie distance, looming in giant
proportions against h" s aosot west, the d--serf
snip pursued its favoiito couist. And
nov i!i.-lnveii g soldier laid down by his
toil worsi g.;iiH il i die. Clack bread, tee
miu v'uu vciinin, sjt:kem;d thn voracious
appeiue, rtnd the brackiah water of the stag
nant p ul imide thirst still eater.
f ! is s iid in u L iniifs ,iinl Mural occasion
ally I t a n . i i ot themselves, and once,
when foiling w.tn r.,ge, ihey dashed their
luce bats Ot, ilie sands and trampled upon
tl.em beore ihe So;.;;-rs. Najioleoi; dash
od amid the th.ong with his mighty spirit
Hi-hing from his eagle eyes 'Gtr.frals,'
said he, 'traiiois ! you have been mutinou
in language ; ta .i; car that I do not fulfil mv
duty. It is not your deing six feet high
that should save your bein shoi in a couple
oi hours ' The haughty Generals trembled
toiore the master spint, and shrunk
"Shamed.
aw ay
Ti. .. ...
Ufrs.
i i
They soon forgot past
.... UUIUICIO,
V w
liiem, and it tue pi,ifi0- . .
guides saw evidences of an
Arab well a, sunset, U was
song .nd meny tale awoke lh .leepers from
their di earns ..n tho sa..ds ; and lne ji f
glory banished gloomy forboding1rromihe
ranks. C-.ff.nHli, who it was supposcd ad
vised Napo eun t embark in this wild cru.
Side against the Mamaluke, was a wooden
lagged General, and as he hobbled past, the
fcoidiecs joked fieely.
ie is e of having one foot in France,'
said ihv t t i,0
" " ' t II I IHIJtI
'i Geneial was seen, as the coK
W",und und the hills of sand, they
pleasantly said
II
. .u.H,.eu usseven acres of land, the
rogue ; how m de ! might trave safe- j
iy promispd us a township ; we would not.
have abused his good nature.'
The learned commission did not escape
the satire of iht? light-hparted soldiery, and
thejackas$ps 'hat bur- the philosopher's
ramp kettles and thw scientific instruments,
were ailed d-mi Svans. Buttoned up to
the throai in his dd-laced coat, with his
burning swoid under his arm with a com
pressed lip and in lughtful look, the leader
firmly trod at the head of his atafT. ll
looked not o the right or the left. The
course was rpularly laid down by. the as
tronomer, and the urn unt of each day's
march was laid before the commander-in-
chief, ere the order ol rest thundered along
tho weary line.
The third day came, and the General be
gan to be aware that the mer of Egypt was
at hand. The arms of the careless wan
derers were now inspected. Terrible as was
the sun even here, still the iron law of mili
tary despotism was enforced. The uni
forms of the stragglers were new brushed up
the ranks closd ihe'u files. The eagle wa
ved in the centra, nnd the army in order of
it
battle drew neai the river Nile.
Noon came, and all at once the river, the
beautiful river, i oiled in its majesty at the
feetofth adventurers. At a little distance
floated the flotil'a, with the fl g of the repub
lic waving proudly o'er it ; and green fields
and waving ii'oves, spread in beauty around
them. 'The iN'iie! the Nile !' thundering
along the line, and then officers and men
without due consideration rushed headlong
into its slimy waters. Not a soldier threw
off iiis knapsack or stacked his musket.
Water ! Watei ! Oh, God, a drop of. water !'
cried the weary and sick ; nor did the cry
cease, until the foremost soldiers having
satisfied themselves, ministered to tho wants
of their fellows. The army soon reached
Danhour, and encamped upon a field of
grain.
n-n.y.fc hfi Mamelukes were at
ChebrtMssa to dispute his progm,., o . lea
der gave the word, and the army moved up
hf Nile, in solid sqoares. A iioro
splendidly dressed, with his turban waving
gaily in 'he breez'-, now hovered along the
edge of thy horizon, reining in his melded
stood. Another and another appeared un
til a resp'-ctable number had mustered, and
with a horrid yell rushed upon the advanc
ing army. It was the onset of the Merae
lukes, undei Mourad Bey, and dearly did
ih Freu' hinen suffer. Though near the
Nile the soldieis were dying with thirst, and
if one was adventurous enough to seek n
draught from the swollen river, the next mo
ment he was either pieiced by She spear, or
beheaded by a stroke of the scimitar from
tiie Atab horsemen.
'Where is Cairo ? it is but a city of mud
hui3, cried tho ignorant sufferers; 'ifwc
aro to die in tho dts?rt if we are to thirst
by the rivers and starve by the green pas
'tires, h t us die at once by the sword of th
m aiiiriiiRrs,
'The Mamelukes Chebroissa, cried
thousand voices, as the morning of the 13lh
dawned upon the Army of the Fiench.
Mourad Bey and his matchless cavalry a
waited ih npproach of the weary squares,
and soon the war cry of the horsemen Struck
upon the General's ear. The battle now
commenced in earnest. The Mamelukes,
fresh and powerful, on the most spiebdid
horses of thf- East, glittering with gold and
silver jew is, charged upon the squares of
French infinirv. Dreadful was tho onset,
terrible the niewiin death linnu iiumi u
-
I blow, and dest uciion upon a horse's hoof.
It was a battle of stern necessity on the
part ofihe invader. The desert and shame
lay benii i Cairo and glory before the
cymb ils ot M mrad Bey clashed -the bugles
sounded shiili, and the Mamelukes ugain
hrew themselves upon the solid square.
When stabtied or wounded with a gunshot,
the wild ho-sem in of 'he desert clung to his
steed, and he 'was diagged along to his
giouud, leading a blood! v trail beui, id ; he
ghasht?d his teeth in bitter, hatred, and swept
his flashing scimitar acro s the knees of the
foiemost ranks of the bristling squares.
The Turkish fleet oow aitacked ths
French fi nllu. Heavy cannon thundo ed
up the Nile, and walked tho echoes of the
Pyramids ; bu al er several houis, hard (
fighting, Mooiad Bey pronounced the Fiench
to be invincible, leaving three hundred gory
dead upon th- b itth- field. The Turkish
fl6t at the same tinu hauled off in jreat dis
tress, ond ihe cannon's roar melted into the
bugle's melodious note upon tne arid plains
of Chereissa.
Ha 3Ju t !1 said Napoleon, as he rode
over ihe fields of the dead, and saw the wild
dog feasli-ig upon the turbanned corpses,
give mo iwc mamesuiie cavairy anu um
French infantry, and I v. ill conquer the
world.'
'You will conqtif-r it without,' said Murat,
with a smiit : bn see the columns wait. -
'Onward,' said the leader, with a wave of
his hand ; 'ten days, and I sup in Cairo.
For eighi days she army continued to ad
vance, now resting amid the ruins of some
ancient cit., and now cooling their thirst
from the sluggish tide of some muddy stream.
The General, too, as he had done through
out ihe march, hared in all things with the
"n-i soldier His head rested upon the
sand stone of the waste his marquee was
jnej-weUj canopy of Heavenhis lull the
howl ol u.fc j ackals and hjs reveile lhe
yell, Of the kirrnl9hin? MamHnk.
j ii squares MX
oee'j on eai h eido twilli
the rillery at light anfvl .u
( baggage and amraumuou in th centre, th
French army drew near the nlain of Cairo.
It 'was on the, I9fh of July, at daybreak,
Ahen a shot from the vanguard broke upon
the laggard ear, and a peaked cloud seemed
to rise from the Nile, and caught, his eager
eye as he gazed around the horizon. Na
poleon and his st iff, mounted on swift drom
edaries, rode to the- front of his columns.
The night, on its black wings, passed swiftly
among the mountains of Upper Egypt.
Th sun rose in Eastern splendor from the
desen and lit the sombre sands a bright
ray flishe-d upon the far, distant object. It
was a spRCtade never equalled in sublimity.
The whole army exclaimed, as one man
the Pyramids !' and as the squares advanc
ed with martial music, a train of camels came
tinkliog lound the base of the Sphynx an
Arab horseman galloped out of sight behind
the shade of 'he Girge, and the straiiv of the
dying cymbals of , the Matpeluka melted
away in the rosy light.
Napoleon had passed the desert, and the
time defying tombs of the Pharaohs flashed
in the clear atmosphere before him.
PANT1SOCRACY.
Communicated to the National Intelligencer.
It is admitted on all hands, Messrs. Edi
tors, that the being or becoming a citizen of
the United States--whether naturally or by
adoption constitutes a man at once (even
though unable, perhaps, to govern his wife
or children or self) a complete politician,
and able to decide not only what, in the mat
ters that he knows least of, is best for this
country, but for all others. Nay, so clear
is the fact that even European nations are
forced to acknowledge it. They see what
an enormous growth of wisdom America has,
far even beyond our own prodigious consump
tion ; and instead ot being otlended at our
meddling with their affairs, are delighted to
get the fruits of our over production, of our
superfluity of political sagacity. It is niani
fest, indeed, that the civilized earth is falling
"to a slate of pupilage to us, and that after
a while Providence itself will bp able to
sum K ol mos oniv lnnk after ns.
while we regulate all the rest of the worioj
and deal out the duties and the fate of na
lions as Heaven's vicegerents.
Of this expansive state of things Gen.
Washington was too short sighted, far too
little the great political philosopher, to have
had any conception; for in that famous Fare
wtll Address (his last great legacy of wis
dom and patriotism) he inculcates it as the
leading, the supreme rule of our foreign
policy, that we were totshun mixing our
selves with the affairs of other nations, main
tain friendship with all, bui have entangle
ments with none. Of course, then, all these
narrow notions of his are to go f r nothing.
It is our business to thrust ourselves into the
internal afiYirs of all countries: they all de
sire, r.ay, expect it of us, and will take it
most unkindly if we allow them to regulate
their own matters in their own way.
It is evident that we are here to keep the
earth in oider, and are God's delegates for
that purpose: we, to look after the rest of
the world ; and, in return for our tak ng so
much trouble off Providence's hands, it will
of course take such excellent caie of ours
that we need pay no attention to them.
Nature, if it is well known, does nothing in
vain, and the enormous surplus of public dis
cretion which has been bestowed upon us,
so far beyond what we ever m-ke use of at
home, can only have been in ended for ex
portation to other countries.
For some time human affairs have gone
rather ill. To go back no further than to
the time of Nebuchadnezzar, the grazier,
that potentate treated the Jews veiy foully;
and the matter ought to be set right. By
Sesostris, by Alexander the Great, and fi
nally b Titus, the Arabs, and many more,
those poor Hebrews have been kicked and
cuffed and buffeted without end. W ought,
if there is any sympathy, any brotherhood,
any care in us for lb cause of human rights,
to go and restore them to their sacred city
a thing that calls to us with the most sacred
invitation , for (as every body knows) as
soon as we shall have done that, the millen
nium is to commence.
Didn't Cyrus enslave Lydia and our re
publican brothers, the lonians 1 And shall
we suffer that wrong to freedom to remain
unredressed, down to the present day ? It
is time to bestir ourselves, and take Asia
Minor out of the hands of those barbarous
Turks.
What right have the French to Gaul!
Why, they seized it from we can't exactly
say whom, that had half expelled the Ro
mans, who had taken it Irora the Gauls, who
had wrested it from nobody precisely krjows
what people, who had got it none can say
how. This is all the title that Jonny Cra
paud hs. We should at once declare it
void. Let in ejectment be at oner filed
against Jonny Crapaud in the District Court
of Nw York. Major Davezac and the Hon.
John McKeofi well feed to enforce it with
their utmost jurisprudential skill, and we
warrant Jonny Crapaud dished and ousted.
Then those poor fellows, the Italians:
why., will, not Austria let them cat their
maccaroni and play thev fiddle in peace J
The mighty genious of American freedom
should assert her insulted principles erey
where in Italy, and by the Ganges where
Poland bleeds" beneath the knout, and in
farthest Siberia on the Danube, by the
creeping Don, where Meander winds, on the
Amazon, and from the Yang-tze Kiang to
the St. Lawrence.
USURY LAWS. ;
The following table.takon .u 4t
ll I ."I 9 j, .lxhibils th leg fates of inter
est .nth, different Stales and Territory
Willi nine government cf the Uniied States,
together xvi.h the punishment of usury, as
provided by.statute in acrf:
Ma me ii.toii i r..f..:. .
. . r -cui, luneii oi ine debt or
Viiillll.
tew tumpshire G per cent; forfeit of
,,7"n,,n amount unlawfully taken.
1 c
ermont 6 per cent: recovery in ar
lion, with costs. -
Massachuseu 6 per cent; forfeit of
threefold the usurv.
Rhode Isiand G per cent ; foifeit of the
usury and interest on the debt.
Connecticut 6 per cent; forfeit of the
whole debt.
New o,k 7 per cent; usurious, con
tracts void.-
New Jersoy 7 per cent; forfeit of the
whole debt.
Pennsylvania 6 per cent; forfeit of the
whols debt.
Delaware 6 per cent; foifeit of the
whole debt.
Maryland G per cent,; on tobacco con
tracts void.
V irgmia 0 per cent ; forfeit double the
usury taken.
North Carolina 6 per cent; contracts
for usury void ; forfeit double the usury.
South Carolina 7 per cent , forfait of
interest and premium taken, with costs to
debtor.
Georgia 8 per cent; forfeit three times
the usury and contract void.
Alabama i 8 per cent; forfeit of interest
and usury.
Mississippi 8 per cent; by contracts as
high as 10 per cent ; usury recoverable in
an action of debt.
Louisiana 5 per cent; bank interest 6;
conventional as high as ten; beyond that
contract void.
Tennessee 6 per cent; usurious contracts
void.
Kentucky G per cent; usury may be
recovered with costs.
Ohio-i-G per cent; usurious contracts
void. v
Indiana G per cent; on written agreo
ment may go as high as 10 per cent; penalty
of usury, a fine of double the excess.
Illinois 6 per cent; threefold amount of
the whole interest.
' ' r. . i
luissouri u per cent; oy agreement as
high as 10 per cent ; if beyond forfeit of
interest due, and of tho usury taken.
Michigan 7 per cent ; forfeit of the usury
taken and one fourth of the debt.
Arkansas G per cent, by agreement, any
rale not exceeding 10 Amount of usury
recoverable, but contracts void.
District of Columbia 6 per cent; usuiious
contracts void.
Florida 8 per cent; forfeit of interest and
excess in case of usury.
Wisconsin 7 per cent; by agreement,
not exceeding 12. Forfeit treble the ex
cess. On debts or judgments in favor of the
United States, interest is computed at the
rate of G per cent per annum.
COMMANDER MACKENZIE.
We subjoin from the New York Journal os
Commerce, a tepoit of the examination of
Captain McKeever, one of the Court Maitial
for the trial of Commander Mackenzie.
Our readers will bear in mind, that shortly
after the result of the trial was made known
at Washington, many of the papers that
were courting a part of the administration
for. benefits, roundly asserted that the vote
of the Court Martial was really against the
acquittal of the accused. And the Journal
of Commerce declared, " that it had learned
from an undoubted source that seven out
of tha twelve vsre of the opinion that the
ehatges, or some of them, uad been proved."
The undoubted source whence the Jour
nal of Commerce drew its information, was
used pretty freely at Washington ; and ma
ny who had believed in the innocency of
Commander Mackenzie, were led by this
" undoubted source" to believe that testi
mony had been adduced before the Court
that did not reach the public eye, and that
the technical acquittal amounted to a moral
sentence of guilty of murder on the high
seas. And the manner in which the Pre
sident tieated the finding of the Court sem'
ed 10 confirm all this.
Commander Mackenzie made the asser
tion of the Journal of Commerce an occasion
for a suit, which drew out the testimony of
Captain McKever.
' Now there can be no doubt that some
person, or persons, have, for the most wick
ed purpose, fabricated a falsehood a false
hood that has already done greatmischief,
afid which would have wrought much mure,
but for the spirited action f Commander
Mackenzie.
Now who is this man ! Who is the person
whose position is such, that while he is ut
tering a falsehood, the editors of the Jour
nal of Commerce are so deceived by his
character and standing, as to pronounce him
" an andeubted source 1" "Rumor may be
overlooked, suspicions may cause it, and a
love of gossip give it more extensive circu
lation ; but in this instance, the trigin is
tuiown, and is pronounced undoubted !
Then yho is it ?
It will be seen by the subjoined, that the
vote stood on the m tin question of murder-
der, nine for declaring that the chaije was
not proved, and three that the act was pro
ven, but without malice, as Captain Mc
Keever understood the vole.
And even the second charge, that of oi-
pitssion in hanging -the thieo persons, tiia
vote stood mat that.the charge was not pro
ved, and three ttiai.it was.
v ' United States Gazette. -
SUPREME COURT.
Am. Slieell Mackeszie vs, David Haee et ae.
An order having been made in this cause
on the 22 d day of Mav instant to examine
Issac iWc Keevcr, Esq., a Captain in the
Navy of the United States, as a witness do
bene esse on the pari of ihe plaintiff, a sum
mons ws issued in pursuance of such order,
and both the said order and, the said sum-
mans being made returnable before his H
i nor William Kent, Circuit Jude, on Wed-'
nesday, ihe '24th day ot may, the parties
bv their Counsel as well as the said witness.
attended before the Circuit Judge, at the
tinu uforesjid. And the said witness there
upon asking tor an adjournment to advise
upon his duty ie the premises, the said ex
amination was adjoyind to Tuesday the
30di day of May, at half past 6 o'clock, P.
M., at ihe residence of the said Circuit
Judge. At which last mentioned time and
place, the parties by their counsel, as well asi
the s aid witness, attended before the Cir
cuit Judge, and ih plaintiffs counsel then
put the following question, the witness
being first sworn in the cause.
First. WThat is your name, age, and pro
fession or occupation s Do you know the
parties in this suit, or either of them, and
whom
The witness answered, reserving his right
to object to the course of proceeding or to
any question that might subsequently be
put.
Anstver, Issaac McKeever, age forty
eight, Capiain in the Navv of the United
States. I know the plaintiff. I do not
know either of the defendants.
Second. Were you a member of the
Court-Martial convened at Brooklyn in or
about the month of February, in the year
one thousand eight hundred and forty three,
for the trial of Commander Alexander Sli-
Jdl .Mackenzie, and didj'ou act in that ca
pacity ? Were you present on the twenty
eighth day of March 1843, or thereabouts,
when the said Court Martial came to a de
cision upon the mutters submitted to them 1
Answer. , I was a member of such Court
Martial?;I was present at the time referred to.
Third. How many members of the Court
were present, and what were their names.
Answer. Twelve Captains. Downes,
Read, Bolton, Sloat, Turner, Storer, Myself
Paige, Gwinn, Wyman, and Commanders
Ogden and Shubrick.
Fourth. What was the vote of the said
Court upon the first charge, to wit, that
alleging thai the said Alexander Slide
Mackenzie had been guilty of murder on
board a United States vessel on the high
seas? It being intended hereby to inquire
how many, votes were given in tho affirma-'
live, that the said charge was proven ; and
how many in the negative, that ihe said
charge was not proven. Please to state
how you know the fact.
To this question the witness objected thai
he was not bound to answer, and insisted that
by the terms of the 36th article cf the Act
of Congress of the 23d of April, 1800, en
titled An act for the better government
of the Navy of the .United States," he was
precluded from given evidence in this cause.
By the. act in question the following oath
is administered to members of a Naval
Court Martial.
" I. A. B. do swear or affirm that I will
tiuly try without prejudice or partiality the
case now depending according to tho evi
dence which shall come before tho Court?
the Rules for the Government of the Navy
and my own , conscience, and that I will
not by an v means divulge or disclose
the sentence of iha Court, until it shall have
been approved by the proper authority, nor
will latanytimo divulge. cr disclose the
vote or opinion of any. particular member
of the Court, unless requred so to do before
a Court of Justice in due course of law.
The witness referred to the statute, and
submitted himself to the direction of the
Court.
After argument and advisement the Cir
cuit Judge decided that tho witness was
bound to answer, and in deciding the point,
remarked, " that he had been unable toper
ceive any ground legally exempting the
witness from answering this question. He
was examined in due course of law in a
suit pending in the Supreme Court. Though
a suggestion had been made that the suit be
fore the Court was an amicable one, nothing
appealed ;o distinguish it from ordinary cases,
daily occurring before the same tribunal.
The record was produced, showing an ac
tion for libel, regularly conducted, and in
which the parties were reprcsented by their
respective attorneys, and in the present ex
amination, opposing counsel appeared to
conduct the investigation. There was nothing
in the nature of the suit and nothing appear ing
to the Court, or of which it could lake
notice, to authorise' the judge to interfere
and impede the usual course of examination.
If then the present was a legal suit on a
prima facie causa of action, and rightfully
pending in the Supreme Court, and if the
witness was examined on a point relevant
to the issue joined, the judge said he
could find nothing in the oath which Capt
McKaever had taken as a member of a
Court Martial, nor could he discover any
other legal reason, which authorized the
Court in excusing him from answering the
question. The examination was conducted
in pursuance of the provisions of the Revised
Statuta directing the testimony ot witnes
ses about to departfrom the State, to be taken
before a Judge out of Court. Capt Mc
Keever was in command of the United
States ship Indeptndence now lying in the
pbit of New York, liable to leave the Stat
in a few hours, ?nd although no lime was
fixed for the departure of the ship, the wit
sess admitted that the vessel, and himself
as her captain, might be ordered to sea oa
any day, and that the vessel was now ready
to go to sea ; that Commodore Stewart, the .
commander of the squadron, was expected
to arrive and assume the command this
evening, and witness says he is liable to be
ordered to sea at any moment. The ques
tion proposed did not require the witness to
divulge the vote or opinion of any parular
member of ihe Court, and if it did, the ex
ception in ihe oath of tha member of a na
val Court Mania! seems to remove every
legal objection to the answer! It was con
ceded that the sentence had been appioved
by the proper authority, With every dis
position, the Judge remaiked, to protect tho
rights and to respect the scruples and dalU
r.i .
cucy oi uie memoers oi me court, ne was
unable to'discover any ground on which h&
could excuse the witness front answering tho
interrogatory.
The witness then answered to tho fourth
question as follows : I havo kept no notes
I answer from memory merely. On tha
first charge nine members', voted thai tha
charge was not proven : threo voted that it
was proven in the second degree by this
1 understood them to intend that the act
was proven, but without malice.'
Filth. What was the vote of the said
Court upon the second charge to wit, that
alleging that the said Alexander Slidell Mac
kenzie had been guilty of oppression l ard
specifying that that oppression consisted in
hanging Philip Spencer, Elisha Small and
Samuel Cromwell. It being intended hore
by to inquire how many votes were given
in the affirmative, that the said charge was
proven, and how many in the negative, that
the said charge was not proven. Please to
state how you know tho fact.
Answer. I answer from memory. On
die second charge, nine msmbeis voted that
the charge was not proven 'three voted that
it was proven.
Sixth. What was the vote of the said
court upon the third charge, to wit, that al
leging that tho said Alexander Slidell Mac
kenzie had been guilty of inflicting illegal
punishment, and specifying that such illegal
punishment consisted in hanging Philip
Spencer, Elisha Small and Samuel Crom
well ? It being hereby intended to en
quire how many votes were given in tho
affirmative, that the said charge was pro
ven, and how many in tho negative, that
the said charge was not proven. Plesss to
state how you know the fact.
Answer. 1 answer from memory ; nine
members voted that the charge was not pro
ven, three that tho. charge was proven.
It is possible that on this charge tight voted
that the charge was not proven, and four that
it was proven. But my strong impression is,
that on all the charges the vote stood nino
for not proven, thiee for proven.
If there were four who voted that tins
charge was proven, one of the four also
voted that the act was justified by necessity.
J. McKEEVER.
Cross examined by the Counsel for tho
defendants
Q. How was the vote of the several
members taken 1
A. Viva voce.
Q. Was it audibly pronounced by tich
in your hearing as it was given 1
A. It was.
Q. Arc you entirely sure that as to the
first charge lhe vote stood nine lo throe?
A. Yes I am. J. McKEEVER.
Sworn beforo me, 5th day of Juue, 1843.
Wm. Kknt, Circuit Judge. ..
TIIE TARIFF.
From the Petersburg Intelligencer.
It may well be doubted, says ihe Boston
Atlas, whether any measure ever before
won its way so successfully into public
favor, as the Tariff Law, that.wiih so much
difficulty, and in the face of so many ob
staclcs, was triumphantly carried through
by the last Congress. Notwithstanding a
few faults that may easily be remedied, it
success and its beneficial influence have
been remarkable. Of. this every day i$
bringing us new evidence and additional
testimonials. No more striking proof of
that need' be asked than the manner in
which the fierce opponents of the late tariff
aw are now-eating their own words. See
the Journal of Commerce, now compelled
to admit that its prophetic warnings, of
its bad effect in enhancing the prices ol
manufactures, have all been falsified, and
that by the aid of a tariff ensuring safely
to our manufactures, we are now able tvi
compete most successfully with foreigners
in their own markets! Thi is one of the
most marked and speedy instances of ben
efit ever known in' a public measure. Ami
so staggering Us influence upon the oppo
n'ents of protection that they know not
how lo attempt to explain away so clear
a refutation of their ' false prophecies.
They grope and stumble about like a man
fn the dark,' unknowing what new fact
they may strike their head against next.
So,' too, with the New York Evening
Post we hear but little now in that quar
ter, of its oft repeated cry of repeal. For
the present, at least that war, cry is hushed.
In its' place 'we find in passing indications
of returning sanity.' In the Tf. Y. Evening
Pnst of March 7th 'mav be found the fol
. i lowing : '
i