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A. -all A - -V. TO TIP ddiLujrilli a m i v 4 AND KORTH-CAROLINA GAZETTE; " Oars are the plant of fair, delightful Peace, TTnarpM br party raje, to live like Erother." FRIDAY, APRIL 4, l&ir. Vol. XVIII. RAM I II II. i 'l I I I I . IV If i I 0 JAILS. The following Essav on the present defectire police of the Jails of Yirg.nia, is copied from the Jlichrrrf Enquirer, as equally ap plicable to this State. During the last n porous winter, xve know that the prisoners in the Jail of this county suffered e reme lv from the trreat seve ty of the se ,,on ; indeed, H isW.cral!. believ ed, t hah ad it not been for individual benevolence, (excit- for a representation of th e case by the present hiunane Keeper of the Jad) three kcTO Dovs, v.ho were confined tor no crirae, but merely placed n .lad for safe, keeping until : some right of property was 3 raided. v.'ou'd have certainly pcrijil Reside lhis.suftfcr.ng- froni cold, we learn j i. Ppi;nnfrq are ..iieceasarilv in so fdthv. a ; Jail, who was closely ironed, sked it as a fvo'r to have one hand &t ' berty to p ck. t ! off the vermin from ms o ay - u-n uuj rhr.tian countrv r cureiy not. At u-e rhristian coontrv last session ofour I.eg- sl e, it was made the duty o' Grand Jurors to hok mvo the stale of the pr.sons, and we trust they will ' p j-i".i m their dut , and rtmuve or amtLo rale these c. Vinr evils.' A- it is difficult for a man at any . ,. - .!. ... ...! iPlSCiT rOSli S !K: tUiumitni v - i r iis o f 1. i s f e 1 1 o w creatu res, so a sy tu rn 1 1) v fur their su H'm inirs, and a n i sh to relieve them. wav. bv the same or- filiation of Providence, with little n erit too, very naturally esist. Thus tart iho r A - r!i.... :., .i,;wiir.m- v i 5 ri -;t '""'- from anv tin haritable imputation, as , an nsxiir.mre that he Dietentis to no f . , r ' r no sum -tms is me oniy pi-icu?iuii he advances :t'iis. he trusts, will prove his all-sufficient apology. It will scarcely be. denied, that in every bosom is implanted a fellow feeling, which, unsolicited even, in clines us to commiseration and to good oHices yet, it is equally true, that bv a certain heedless indolence of temper, generally characterising man. many of his highest and most deliihtfuf duties, even where interest or passion does not interfere are of ten wholly neglected or but half per formed, i To this want of particular and ac tive observation, chiefly, I ascribe the w retcfied . I mav say. th destruc tive Police of. mi coinmou Jails, so far as their ijoyerpient has met the eve. To thi ? I ascribe the fa il ure to remedy those obvious and glaring de fects in their ronstiti?t:on ; ue!ec(? which cannot fail to bring upon the r.r.hiippy captive, (should he live to see his liberation, disease and pre r.iture death. Prisons have been justly deemed, in the hands of arbi trary power, engines more dreadful than either irca ffi Ids or Jibbets,; be cause, through their lneans. men, un der specious pretences, ca n be snatch ed from the view of compassion, to be forgotten under a course f protract ed wretchedness, or fo be dispatched ' with gr e a t e r safety to their oppres-! sors. Uiujcr cvur government of lavvs. I v it'ti views fa r ti 'liferent, a n d eve n with purpose well !e?itrned. the ef fects How i ng from th e co )d i t i on of ou r Jails are eqt: al 1 y as bad . oni etimes worse : for in some sfuaions of our Prisoners, it has seemed to' me that d ith w ou ! d have been me rrv, wh -t? cr dispensed i n the poisonetl draught or by the assassin's poijnnrd. Thp tviuunon Jails are irenerally construct ed w ith grated windows, dotifute o glass or other defence against the weather True, a certain portion u straw is supplied to the apartrpnN -b'.t it is an estahlis h ed r u ' e o f t 1 ? r liorrible abodes, to withhold from Pri-oners (wifh ttse e rref :mt of flebt rrs.) tlie warmth dnrived fro:p, fi re.r 1S ere, then, .t!i cantiv is brought, no itner how s v ere th? s'is' ne matter how d-titnt he mav be of dof hing : and whether or n . 4 ' y"rng limbs are loaded and benumbed with irons, depends upon the degree rather than the truth of the charge a gainst him : upon the mppkness and patience with which he submits to pH yatioti and pain : and upon the svm pathy of his Keeper. I know not from what are the model and go vernment of our Prison-TIouses have been taken : but surdv. s 'rely, they do not become a period of civilization and refinement ; of mo ral and christian illumination. Why, then, is not the e il corrected ? The ai;xver is in part supplied by the fact, tiat men are not in general excited by what is UKt immediately and 3'y pixscatcd to their senses-- I I IlC ul. nappy liruv mu.u j mured, is not ioUowed to his " cireau ; abode" by the Magistrate who com- j mits him." When brought into court, j his sufferings in confinement are often ! unknown even to his advocate, anil n ; known, they make no pa it of h is! ri- j timate defence, and are not insisted j upon. Hence, the majority of the in- tenor magistracy, a ooity oi men cie serving at IPuSC l-.ur uicu uiyiui w v in. a 1 A. wv r 1 wa-sh aT tft for those principles which would chief- Iv impel them to a consideration of this subject '; ''the.se men, who have tfie ! power, i n a grea t d eirree, to apply the !j corrective, do not observe, or do not j to which a portion of their fellow beings :i r, subjected. The continuance of the present state ot our prison, may, r . ..t ( A a cause more - reprehensible thu n that . already rrientioned. 7 1 is ?ur hu fort n no to !he n rider a civil polity, fjeely and v;lunta:iiy adopted ; a j.o litv vvhieh n e can ii.:;;hfv at u ill. 01 fenders. tl'.i, ;i:i:?ist our civil in -ti- ; tur'ons, certai. Unc'u'r the pen' dties j i fie laws wita lev; even-1', a'id d 'course- with less t an tiev vvuNld ; -do under a v-Vvernme';! Ies eoui table. ; ; Every member of society iV'U in -..ii.e in ea u re ir.iu red b v e v c v i::t'r: :t! m o: ' a com pa c t, to v. ! : i c ! i , 1 n t o e str. es t , : sense, all are parties : and is i.efice :;.; i rl ! less tender and considerate wr:v iv-, rart to him who thus reiicls au;iiri-t - . .. , .r. .? 5 .1 . . , ; . ': nist. mav. hotvvcr, impel to (lan-ie i rous results. It i believed, that its I ell?cts have alread y been pernicious j in the extreme. Keformation m the ; olfender, not less than example to the community, is one benign purpose ot our Penal Code : never can it be sup posed the intention eitner of the Le gislator or the Judge, to mock the un happy wretch with the forms of law, or the semblance of clemency, arid to destroy at the same time his healt i or his life, by an exposure to the sever est modes of infliction. To those, then, who have authority to alleviate the sutferings of the Pri soner, anil who still their compunc tions with reasonings upon his dc u--rils, let me say. 1st, that the v ry best men may fall into h u mble and " scure situations : mav become the prey of. false and malignat accusa tion ; may faii the victim of the la v ' stern fiat: that io administering the laws ronsci'Miciously and with merci ful lilsposiLions, you may still act b I i ndly an 1 j ippressi vely. 2il, that i n i the case of the cul prit whose guilt is j placed .'"beyond doubt. I say to you, he i is still a citizen, a member of the so icial body, and except so far as in the particular instance in which he may have forfeited them, your equal in e verv social riht. Then, b v what au thority, or ur.der what pretext, i n en forcing that restriction of bis liberfy denounced airairt him, do you under take to subject iiiui t every rigor of the c 1 imate ; to naked ness ; to filth, i n every squal iu a rid 1 oathsome shape ? I f, to secure his C o ?i iinemen t, you should direct him ti b'. stripped and chained to a rock, would you not re gard yourself as the savage destroyer of his li 1c ? Yet, how much bette r is the system to which, by habit, you are perfectly reconciled ? This subject presents to our observation one as pect, which, it seems to me, none can contemplat e with indi fie ren ce. It i s calculated highly to excite every ge nerous and compassionate feeling. Pile unfortunate character of our po pulation, composed of whites and blacks, of slaves a nd their masters, has rendered indispensable, perhaps, the use of Pns)n-Hou?es for the con finement of fugitives, of slaves who arc refract i r y , or who ha v e co in i n i t -ted any of those low, and what, if I ;tv escape the charge of quaint ness, I would callwrfire act $ , whi ch th e want of moral principle renders inse parable from their condition. Fugi- i i ...t r.."... Lives appi tfiicmicu ai a. uisiaiitc now: ij home, ai e generally destitute ot clo tliing especially and are fi-cquently iui prisoned d uring the most inclement easons, until knowledge of their ar restation reach es their o wners. From the very nature of domestic slavery, where imprisonment is inflicted at the will of the master, be must necessari ly be the. sole arbiter, both. as to the of- J i ience, and the continuation ot the con finement ; and just as his angry pas-j sions s'lall conflict with his judgment ! or Mi avericc, so will the punishment j be wanton, protracted or aggravated in its forms. And let it'. be especial. rememberetl, that in tne instance ! lines 'Vr the purpose : and as these this un!iappy suli'erer, there is no ap-j ovenoreshad uoiversally been ansr. er peal to tbe laws ; for provided life or ed by menac; and insult, it va very limb is not immediately destvojtd, , ' evident that it was their intention t.i the laws have here set no bound to the j I fi'ni ; that the troops were .in hij;h reijn of vengeance. - I do not k;ov. j spirits and fall of confidence ; ami that that the power of confinement at will, ?i advantage ouht to be taken of their can be separated from a state of do-1 j ardour to lead them immedfaiely to mestic slavery ; but the exercise f ( j the enemy. To this the Gov. Qiarri that power may and should be ren- i son answered, that he was fully ren dered tolerable rendered compatible ' sibie ti f the 'eaj;eriiess- of j the troops : with the life and health of him who and admitting the determined b utility is its suMect. How it may be so ren- ; of the Indians, and thattheir ins !cnce clered, I think is e in t!;e few ge- I was. lull evidence', of their intention to neral consi'lerat; r : !wii. To . fijjht, yet he knew them too we-i to be thp T.rrULif .ie. tl.i n h ii ;iv he n o- lieve that thev would ever do this, but per, in the first instance, to -utrzest tbe propriety ot reulatinjr. uv law, both the construct'h.n aiui Police of the Jails, graduating their dim. nsions and cost upon the population tne several counties, and enacting a levy exclusively for tbeseolijects, and com- uienurate with them. Perhaps, it would prove bene facial to require ot the Judges of ti e Superior Courts to nia k e s emi-annual inpectious of the J;ii!s within their respective circuits, and to authorise such arrangements by t ! i e m as should ensure not less th e h ea It li tlia n the sa fe-kee; ing o f Pri soners. I would inhibit the confine ment of slaves bv their masters, un- less such slaves were provided with proper clothing, to be judged of by some diinterested person; and in e- very case ot commitment oi a slave lying on their information, the troops by a Magistrate, or wherever a slave hail been led into a situation so uu sliould be apprehended remote from favorable, that but for the celerity his residence, clothing properly adap- with which they changed their posi ted to the season, should be supplied tion, a few Indians might have de by the Jailor, to be charged to the stroyed them : He was therefore de owner of such slave. Upon the infi- termined not to advance toj the tovn, rior magistracy, to whose government until he had previously reconnoit.ed, the Jails are at present confided. I either in pers on, or by some one, on would most earnestly press the consi- whose judgmeiit he could rely. Ma derations already thrown out, and jor Daveiss immediately replied, that urge upon them the exertion ot tb-iir powers to the utmost, far purpose W vitally important. Depend on it, gen tleman, the responsibility you sustain, is of no ordinary kind : as the lives of many human beings are in your hands, so may their blood be hereaf ter re : u i red o f you . The stale objec tion, that the allowance of fire to the car fives would endanger their own safety," is of no weight. It is mere- ly'one of those shallow pretexts with whicfi careless indolence is so easily I I I . ':-... : . . . atisfied. May not the roofs of vour v m- . .. . .... . Prison-Houses be arched, and their floors paved ? May not flues be ex tended through their -.vails, or stoves be so constructed for tnem, as to main tain the fi re without the Jail ? In fi u e, can you not pre cure a person to miin tain and take care of those fires dur ing the day ? and to nrotec.t th.ese mi- haoDV wretches fiom tlu riir.rc of fh wintry night, can you not provide them with some species of covering ? In whatever has been here suggested, there has been no wish nor intention to iinniiorn anv Jndivl liiol .f individuals it is acknowledged, too, that no partiality is entertained for any of the amendments hinted at a bve, nor any great confidence in their efficiency. The chief object has been. to attract attention to what are con- ceived to be capital defects in an im- portant branch of our civil polity ; modation, resolved no longer to hesi- froni a belief that so soon as they tate in treating the Ipdians as ene should be observed, they would find a i mies. He ti.erefore recalled Captain remedy. A JIan and a Brother. Dubois, and moved on with a deternii- From the National Intelligencer. BATTLE OF TIPPECANOE. Jfeasrs. Gab? ? Beaton, In Dr. Ilamsays h. story of the American revolution continued by Dr. Smith, to the treatv of nhrnt. I find in n.io-f-s 1 A0 1 - urtrl i 4. of the 3d volume, an account of the trans- I actions '"which preceded the battle of Tippe. canoe, so essentially d.fferent from the facts, norand that those chiefs had unlor partictdarly that part which states that en" tUliately gone down Otl the south side selcte,' or nointed out. bv the ind .,n, that I am induced, from a - - , , - J 1 regard to historic ! eT a distinrTuiheil j truth, and the reputation othcer, to request the publication of the fol lowing1 extract from M'AfTee s history of Uie var in the Western country, and the sub jo.ned statements of the honorable Waller Taylor, now a Senator f om Indiana, and Lt. Col. Snellinp;, of tlie army, then a capta n iu the 4th United States regiment of Infantry. JUSTICE. '-, ""':," THE EXTRACT. " To this it was observed, that as the Indians seen hovering about the j array, had been frequently invited tj j a parley by the interpreters, v. ho bad jr proceeded some distance from the by su rprise, or on ground v lch was entreiy favorable to their node ot;;eil that they, mtewled to attack i:9 fihtin. . fie was then ioie deterniin. ed not to advance ' with' the troops, ! until he knew precisely the situation of the town, and t!kerrt und ajacentto : it, particularly that which intervened between it and the place where the ar- my then v as that it was their duty to fight when they came in contact with the enemy it was his to take care that they.. should not engage in a situation where their valor would be useless, and where a corp3 upon which he placed great reliance would be un able to act : that the experience of Ihe last two hours ought to convince eve - ry officer, that no reliance! ought to be placed upon the guides as to the toptgraphy of the country; that re - I vioir on tlieir information, the troops from the right oi the position ot the drajroons, wh'ch was still in front, the. opening nade by the low grounds ot the abash could be seen : that with his aljt. D Floyd J he had ad vanced to the bank, which desce ids to the low grounds, ana had a fair view of the cultivated fields and the houses of the town and i -at tie open woods, in which the troops thu v. ere, continu-d without intn;upti a to the town. Upon this information, the I govern ir saiu nc vouiu uuvaotc, pio viiled he could get any proper person to go to the town will a tla. Cap tain T. Dubois of Vincenno having II I I L I olfered his services, he was dispatch ed with an interpreter to the Prophet, desiri"" to know whether he would now comply with the terms that had been so often proposed io ni'. ine y after in or- arm y wa- moved slow der o f battle. In a fi ew moments a mcssi.nger came from Captain Dubois, informiug the governor that the hiili- ans were near him ixl considerable numbers, but that they would return no answer to the interpreter, aithouirb they were sufficiently near to hear what was said to themi and that upon his advancing, they constantly entiea-i . T 4 Ir a 1 vored to cut him off rom the annt', Gov. Harrison durin this Iat effort to open a negotiation, ficient to sliew his wis! which was suf- for an accom- j nation to attack tiiem. tie nail not proceeded far however before he was j met by three Indians! one of them a j principal counsellor to the Prophet. They were sent, theyj said, to know why the army was advancing upon them that the Prophet wished if pos sible to avoid hostilities ; that be had sent a pacihc message by the .Miami and Potawatamie chiefs, who hi.d ' conic to him oil tlie part of the gOVCr , the AVabash. A suspension of bos- i tihties- was accordingly agreed upon ; ; and a meeting was to takepl.ace the j next day between Iljirrison and the j chiefs, to agree, upbn the terms of peace; The governor turtherintorm ed them, that he would go to the Wa bash, and encamp there for the night. Upon marching a short distance lur ther he came in view of the town, which was seen at slime distance up the river upon a coinmanding emi nence. Major Djveiss and adjutant Floyd had mistaken some scattered houses in the fields beiow, for the jjtotvn itself, jtowu bei'ii; T i.rr'Hi'' b !ov; 1 e uhfavoia've fir an eo. camvoicnt, the army imrc. v.J o in the direction ef the town, with a view to obtain a better situation 'ieyo d it. The troops were in an on'er of ni.irch, calculated by a single ct'ivers ii of companies, to form the orde. if b it tie, which it had la I assumed, the j dragoons bcinjr in fr nt. ThU corns however soon beat: e eM-mled in ground covered with bruOi and tops of fallen tree. A halt was n. -tiered, and Major I)av is direct 1 1-, c.iangc position with p-icer,'S liP'e corps, which occupied ti;e ope; fteldji adja cent to the river. The Indians seeing t this manoeuvre, at the a' ruac of? ! j the troops towards the towa,.uppK- iar.d immethately prepared for deencf. borne ot them sallied nut, anil called to the advanced cntp t i halt. The : i . .i . r i v 1 1 iiu i-i .j i) i uiiun ii.ia rofij lurwaru. a'.u -' m requested some of the India'is to come to him, assured the-n, tint n thinjf was farther from his t' nrditsf tfian to attack them- that the ro-nil below the town on the river, wa a t calculated for an eiicamptne .t. aind that it was his intention to se-jrcii for a better one above. He aked if j there was any other wrtef couveni (eat besides that which the river afl'ortl- , jed ; and an Indian with whom he was ; well acquainted, answered, that t':e j j creek, which had been crossed two ; j miles back, ran through the prairie to 1 j to the north of the village. A halt was then ordered, and aome oflicerh sent j back to examine the creek, as well as 'the river above the town. In half an j hour brigade-major Marston C ark. jand major 'Waller Taylor returned, .and sayingthey had found on t'e enrk, every thing that r uld be de-rei! in an encampment an elevated spot, j nearly surrounded by an open prairie, jwith 'water 'tonvenient, ahd asuoW J ency of wood for fuel. An idea was i propagated by the. enemie of govr jnor Harrison, after the battle of Tij -ipecanoe, that t!je Indians had forced jhiin to encamp on a place, chosen by jthem as suitable for the attack they in- tended. ihe place hov.evcr was chosen by niajors Tayioi aiui Clarke after examining aU tire environs of the town, and - her; the army of ge neral Hopkins vus there in the follow ing year, they a!, unittd iu the opin ion, that a better spot to resist Indians, ; was not to be ldunu in the whoic coun- . try." The above account, taken from Mac Afibe's history of thejwarin the Wes tern country, as it relates to the si- ' ituation of the camp occupied bv the iarmy under the command ofGMverhor jHanison, on the night betwecu thft ;Cth and 7th of November; 1811, is en jtirely correct. 'I he spot of the en jcampment was selected by Colonel jtllai ke, (who acted as brigade -mafot to lien. lioyd) and myself. A e wtro directed by Gov. Harrison to examine; the country up and Uown the creek until we should find a suitable placfc for an encampment. In a short time? we discovered the place on which the army encamped, and to which it was conducted by us. No intimation was given by the Indians of their wish that ve should encamp there, nor could they possibly have known'wherc the army would enramn until it tnnV its positicn. The only error in the a bove extract is, in laying that Maior Clark and myself were gent back by j which it would appear that the ar-nr j retrograded to take up its encampment ; this is not tlie fact, the army fiied oh? in front of the town at right angles to A! the Wabash to teach its ercainpmeRt-" It has ever been mv IipKm th-if hr position wc occupied was the (that could be found anywhere. us, and 1 believe that nine tenth I officers were of that oninioi did not go on the W-abas y town, but I am certain that 7 ... . . . no position below it I s for an encampment. that v WALLER TA February 22, XhlT, My situation as a plato firevented my having a person ede of the transactions al lated, so far as respects the f e ot the encamp ment oi the array n Gen. Harrison by his staff offi- but having carefu'ly perused th e tract frorn Mc Aide's history I vis uo hesitation in saving that I bCiiive" v
The Weekly Raleigh Register (Raleigh, N.C.)
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April 4, 1817, edition 1
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