Chapter C: Marriott." (12)

"Not two months since, the miserable BARBA became a victim to one of the most cold-blooded schemes of assassination that ever disgraced a civilized community. Last Sunday evening an individual, Gonzales by name, was seen in perfect health, in conversation with his friends. On Monday morning his dead body was withdrawn from the Mississippi, near the ferry of the first municipality, in a state of terrible mutilation. To cap the climax of horror, on Friday morning, about half past six o'clock, the coroner was called to hold an inquest over the body of an individual, between Magazine and Tchoupitoulas streets. The head was entirely severed from the body; the lower extremities had likewise suffered amputation; the right foot was completely dismembered from the leg, and the left knee nearly severed from the thigh. Several stabs, wounds and bruises, were discovered on various parts of the body, which of themselves were sufficient to produce death."

The "Georgetown (South Carolina) Union" of May 20, 1837, has the following extract from a New Orleans paper.

"A short time since, two men shot one another down in one of our bar rooms, one of whom died instantly. A day or two after, one or two infants were found murdered, there was every reason to believe, by their own mothers. Last week we had to chronicle a brutal and bloody murder, committed in the heart of our city: the very next day a murder-trial was commenced in our criminal court: the day ensuing this, we published the particulars of Hart's murder. The day after that, Tibbetts was hung for attempting to commit a murder; the next day again we had to publish a murder committed by two Spaniards at the Lake--this was on Friday last. On Sunday we published the account of another murder committed by the Italian, Gregorio. On Monday, another murder was committed, and the murderer lodged in jail. On Tuesday morning another man was stabbed and robbed, and is not likely to recover, but the assassin escaped. The same day Reynolds, who killed Barre, shot himself in prison. On Wednesday, another person, Mr. Nicolet, blew out his brains. Yesterday, the unfortunate George Clement destroyed himself in his cell; and in addition to this dreadful catalogue we have to add that of the death of two, brothers, who destroyed themselves through grief at the death of their mother; and truly may we say that 'we know not what to-morrow will bring forth.'"

The "Louisiana Advertiser," as quoted by the Salt River (Mo.) Journal of May 25, 1837, says:

"Within the last ten or twelve days, three suicides, four murders, and two executions, have occurred in the city!"

The "New Orleans Bee" of October 25, 1837, says:

"We remark with regret the frightful list of homicides that are _daily_ committed in New Orleans."

The "Planter's Banner" of September 30. 1838, published at Franklin, Louisiana, after giving an account of an affray between a number of planters, in which three were killed and a fourth mortally wounded, says that "Davis (one of the murderers) was arrested by the by-standers, but a _justice of the peace_ came up and told them, he did not think it right to keep a man 'tied in that manner,' and 'thought it best to turn him loose.' _It was accordingly so done_."

This occurred in the parish of Harrisonburg. The Banner closes the account by saying:

"Our informant states that _five white men_ and _one_ negro have been murdered in the parish of Madison, during the months of July and August."

This _justice of the peace_, who bade the by-standers unloose the murderer, mentioned above, has plenty of birds of his own feather among the law officers of Louisiana. Two of the leading officers in the New Orleans police took two witnesses, while undergoing legal examination at Covington, near New Orleans, "carried them to a bye-place, and _lynched_ them, during which inquisitorial operation, they divulged every thing to the officers, Messrs. Foyle and Crossman." The preceding fact is published in the Maryland Republican of August 22, 1837.

Judge Canonge of New Orleans, in his address at the opening of the criminal court, Nov. 4, 1837, published in the "Bee" of Nov. 8, in remarking upon the prevalence of out-breaking crimes, says:

"Is it possible in a civilized country such crying abuses are _constantly_ encountered? How many individuals have given themselves up to such culpable habits! Yet we find magistrates and juries hesitating to expose crimes of the blackest dye to eternal contempt and infamy, to the vengeance of the law.

"As a Louisianian parent, _I reflect with terror_ that our beloved children, reared to become one day honorable and useful citizens, may be the victims of these votaries of vice and licentiousness. Without some powerful and certain remedy, _our streets will become butcheries overflowing with the blood of our citizens_."

The Editor of the "New Orleans Bee," in his paper of Oct. 21, 1837, has a long editorial article, in which he argues for the virtual legalizing of LYNCH LAW, as follows:

"We think then that in the circumstances in which we are placed, the Legislature ought to sanction such measures as the situation of the country render necessary, by giving to justice a _convenient latitude_. There are occasions when the delays inseparable from the administration of justice would be inimical to the public safety, and when the most fatal consequences would be the result.

"It appears to us, that there is an urgent necessity to provide against the inconveniences which result from popular judgment, and to check the disposition for the speedy execution of justice resulting from the unconstitutional principle of a pretended Lynch law, by authorizing the parish court to take cognizance without delay, against every free man who shall be convicted of a crime; from the accusations arising from the mere provocations to the insurrection of the working classes.

"All judicial sentences ought to be based upon law, and the terrible privilege which the populace now have of punishing with death certain crimes, _ought to be consecrated by law_, powerful interests would not suffice in our view to excuse the interruption of social order, if the public safety was not with us the supreme law.

"This is the reason that whilst we deplore the imperious necessity which exists, we entreat the legislative power to give the sanction of principle to what already exists in fact."

The Editor of the "New Orleans Bee," in his paper, Oct 25, 1837, says:

"We remark with regret the frightful list of homicides, whether justifiable or not, that are daily committed in New Orleans. It is not through any inherent vice of legal provision that such outrages are perpetrated with impunity: it is rather in the neglect of the _application of the law_ which exists on this subject.

"We will confine our observation to the dangerous facilities afforded by this code for the escape of the homicide. We are well aware that the laws in question are intended for the distribution of equal justice, yet we have too often witnessed the acquittal of delinquents whom we can denominate by no other title than that of homicides, while the simple affirmation of others has been admitted (in default of testimony) who are themselves the authors of the deed, for which they stand in judgment. The _indiscriminate system of accepting bail_ is a blot on our criminal legislation, and is one great reason why so many violators of the law avoid its penalties. To this doubtless must be ascribed the non-interference of the Attorney General. The law of _habeas corpus_ being subjected to the interpretation of every magistrate, whether versed or not in criminal cases, a degree of arbitrary and incorrect explanation necessarily results. How frequently does it happen that the Mayor or Recorder decides upon the gravest case without putting himself to the smallest trouble to inform the Attorney General, who sometimes only hears of the affair when investigation is no longer possible, or when the criminal has wisely commuted his punishment into temporary or perpetual exile."

That morality suffers by such practices, is beyond a doubt; yet moderation and mercy are so beautiful in themselves, that we would scarcely protest against indulgence, were it not well known that the acceptance of bail is the safeguard of every delinquent who, through wealth or connections, possesses influence enough to obtain it. Here arbitrary construction glides amidst the confusion of testimony; there it presumes upon the want of evidence, and from one cause or another it is extremely rare, that a refusal to bail has delivered the accused into the hands of justice. In criminal cases, the Court and Jury are the proper tribunals to decide upon the reality of the crime, and the palliating circumstances; _yet it is not unfrequent_ for the public voice to condemn as an odious assassin, the very individual who by the acquittal of the judge, walks at large and scoffs at justice.

"It is time to restrict within its proper limits this pretended right of personal protection; it is time to teach our population to abstain from mutual murder upon slight provocation.--Duelling, Heaven knows, is dreadful enough, and quite a sufficient means of gratifying private aversion, and avenging insult. Frequent and serious brawls in our cafes, streets and houses, every where attest the insufficiency or misapplication of our legal code, or the want of energy in its organs. To say that unbounded license is the insult of liberty is folly. Liberty is the consequence of well regulated laws--without these, Freedom can exist only in name, and the law which favors the escape of the opulent and aristocratic from the penalties of retribution, but consigns the poor and friendless to the chain-gang or the gallows, is in fact the very essence of slavery!!"

The editor of the same paper says (Nov. 4, 1837.)

"Perhaps by an equitable, but strict application of that law, (the law which forbids the wearing of deadly weapons concealed,) the effusion of human blood might be stopt _which now defiles our streets and our coffee-houses as if they were shambles_! Reckless disregard of the life of man is rapidly gaining ground among us, and the habit of seeing a man whom it is taken for granted was armed, murdered merely for a _gesture_, may influence the opinion of a jury composed of citizens, whom, LONG IMPUNITY TO HOMICIDES OF EVERY KIND has persuaded, that the right of self-defence extends even to the taking of life for _gestures_, more or less threatening. So many DAILY instances of outbreaking passion which have thrown whole families into the deepest affliction, teach us a terrible lesson."

From the "Columbus (Ga.) Sentinel," July 6, 1837.

"_Wholesale Murders_.--No less than three murders were committed in New Orleans on Monday evening last. The first was that of a man in Poydras, near the corner of Tehapitoulas. The murdered individual had been suspected of a _liason_ with another man's wife in the neighbourhood, was caught in the act, followed to the above corner and shot.

"The second was that of a man in Perdido street. Circumstances not known.

"The third was that of a watchman, on the corner of Custom House and Burgundy street, who was found dead yesterday morning, shot through the heart. The deed was evidently committed on the opposite side from where he was found, as the unfortunate man was tracked by his blood across the street. In addition to being shot through the heart, two wounds in his breast, supposed to have been done with a Bowie knife, were discovered. No arrests have been made to our knowledge."

The editor of the "Charleston, (S.C.) Mercury" of April, 1837, snakes the following remarks.

"The energy of a Tacon is much needed to vivify the police of New Orleans. In a single paper we find an account of the execution of one man for robbery and intent to kill, of the arrest of another for stabbing a man to death with a carving knife; and of a third found murdered on the Levee on the previous Sunday morning. In the last case, although the murderer was known, _no steps had been taken for his arrest_; and to crown the whole, it is actually stated in so many words, that the City guards are not permitted, according to their instructions, to patrol the Levee after night, for fear of attacks from persons employed in steamboats!"

The present white population of Louisiana is but little more than that of Rhode Island, yet more appalling crime is committed in Louisiana _every day_, than in Rhode Island during a year, notwithstanding the tone of public morals is probably lower in the latter than in any other New England state.

TENNESSEE.

Tennessee became one of the United States in 1796. Its present white population is about seven hundred thousand.

The details which follow, go to confirm the old truth, that the exercise of arbitrary power tends to make men monsters. The following, from the "Memphis (Tennessee) Enquirer," was published in the Virginia Advocate, Jan. 26, 1838.

"Below will be found a detailed account of one of the most unnatural and aggravated murders ever recorded. Col. Ward, the deceased, was a man of high standing in the state, and very much esteemed by his neighbors, and by all who knew him. The brothers concerned in this 'murder, most foul and unnatural,' were Lafayette, Chamberlayne, Caesar, and Achilles Jones, (the nephews of Col. Ward.)

"The four brothers, all armed, went to the residence of Mr. A.G. Ward, in Shelby co., on the evening of 22d instant. They were conducted into the room in which Col. Ward was sitting, together with some two or three ladies, his intended wife amongst the number. Upon their entering the room, Col. Ward rose, and extended his hand to Lafayette. He refused, saying he would shake hands with no such d----d rascal. The rest answered in the same tone. Col. Ward remarked that they were not in a proper place for a difficulty, if they sought one. Col. Ward went from the room to the passage, and was followed by the brothers. He said he was unarmed, but if they would lay down their arms, he could whip the whole of them; or if they would place him on an equal footing, he could whip the whole of them one by one. Caesar told Chamberlayne to give the Col. one of his pistols, which he did, and both went out into the yard, the other brothers following. While standing a few paces from each other, Lafayette came up, and remarked to the Col., 'If you spill my brother's blood, I will spill yours,' about which time Chamberlayne's pistol fired, and immediately Lafayette bursted a cap at him. The Colonel turned to Lafayette, and said, 'Lafayette, you intend to kill,' and discharged his pistol at him. The ball struck the pistol of Lafayette, and glanced into his arm. By this time Albert Ward, being close by, and hearing the fuss, came up to the assistance of the Colonel, when a scuffle amongst all hands ensued. The Colonel stumbled and fell down--he received several wounds from a large bowie knife; and, after being stabbed, Chamberlayne jumped upon him, and stamped him several times. After the scuffle, Caesar Jones was seen to put up a large bowie knife. Colonel Ward said he was a dead man. By the assistance of Albert Ward, he reached the house, distance about 15 or 20 yards, and in a few minutes expired. On examination by the Coroner, it appeared that he had received several wounds from pistols and knives. Albert Ward was also badly bruised, not dangerously."

The "New Orleans Bee," Sept. 22, 1838, published the following from the "Nashville (Tennessee) Whig."

"The Nashville Whig, of the 11th ult., says: Pleasant Watson, of De Kalb county, and a Mr. Carmichael, of Alabama, were the principals in an affray at Livingston, Overton county, last week, which terminated in the death of the former. Watson made the assault with a dirk, and Carmichael defended himself with a pistol, shooting his antagonist through the body, a few inches below the heart. Watson was living at the last account. The dispute grew out of a horse race."

The New Orleans Courier, April 7, 1837, has the following extract from the "McMinersville (Tennessee) Gazette."

"On Saturday, the 8th instant, Colonel David L. Mitchell, the worthy sheriff of White county, was most barbarously murdered by a man named Joseph Little. Colonel Mitchell had a civil process against Little. He went to Little's house for the purpose of arresting him. He found Little armed with a rifle, pistols, &c. He commenced a conversation with Little upon the impropriety of his resisting, and stated his determination to take him, at the same time slowly advancing upon Little, who discharged his rifle at him without effect. Mitchell then attempted to jump in, to take hold of him when Little struck him over the head with the barrel of his rifle, and literally mashed his skull to pieces; and, as he lay prostrate on the earth, Little deliberately pulled a large pistol from his belt, and placing the muzzle close to Mitchell's head, he shot the ball through it. Little has made his escape. _There were three men near by when the murder was committed, who made no attempt to arrest the murderer_."

The following affray at Athens, Tennessee, from the Mississippian, August 10, 1838.

"An unpleasant occurrence transpired at Athens on Monday. Captain James Byrnes was stabbed four times, twice in the arm, and twice in the side by A.R. Livingston. The wounds are said to be very severe, and fears are entertained of their proving mortal. The affair underwent an examination before Sylvester Nichols, Esq., by whom Livingston was let to bail."

The "West Tennessean," Aug. 4, 1837, says--

"A duel was fought at Calhoun, Tenn., between G.W. Carter and J.C. Sherley. They used yaugers at the distance of 20 yards. The former was slightly wounded, and the latter quite dangerously."

June 23d, 1838, Benjamin Shipley, of Hamilton co., Tennessee, shot Archibald McCallie. (_Nashville Banner_, July 16, 1838.)

June 23d, 1838, Levi Stunston, of Weakly co., Tennessee, killed William Price, of said county, in an affray. (_Nashville Banner, July 6, 1838_.)

October 8, 1838, in an affray at Wolf's Ferry, Tennessee, Martin Farley, Senior, was killed by John and Solomon Step. (_Georgia Telegraph, Nov 6, 1838._.)

Feb. 14, 1838, John Manie was killed by William Doss at Decatur, Tennessee. (_Memphis Gazette, May 15, 1838_.)

"From the Nashville Whig."

"_Fatal Affray in Columbia, Tenn_.--A fatal street encounter occurred at that place, on the 3d inst., between Richard H. Hays, attorney at law, and Wm. Polk, brother to the Hon. Jas. K. Polk. The parties met, armed with pistols, and exchanged shots simultaneously. A buck-shot pierced the brain of Hays, and he died early the next morning. The quarrel grew out of a sportive remark of Hays', at dinner, at the Columbia Inn, for which he offered an apology, not accepted, it seems, as Polk went to Hays' office, the same evening, and chastised him with a whip. This occurred on Friday, the fatal result took place on Monday."

In a fight near Memphis, Tennessee, May 15, 1837, Mr. Jackson, of that place, shot through the heart Mr. W.F. Gholson, son of the late Mr. Gholson, of Virginia. (_Raleigh Register, June 13, 1837_.)

The following horrible outrage, committed in West Tennessee, not far from Randolph, was published by the Georgetown (S.C.) Union, May 26, 1837, from the Louisville Journal.

"A feeble bodied man settled a few years ago on the Mississippi, a short distance below Randolph, on the Tennessee side. He succeeded in amassing property to the value of about $14,000, and, like most of the settlers, made a business of selling wood to the boats. This he sold at $2.50 a cord, while his neighbors asked $3. One of them came to remonstrate against his underselling, and had a fight with his brother-in-law Clark, in which he was beaten. He then went and obtained legal process against Clark, and returned with a deputy sheriff, attended by a posse of desperate villains. When they arrived at Clark's house, he was seated among his children--they put two or three balls through his body. Clark ran, was overtaken and knocked down; in the midst of his cries for mercy, one of the villains fired a pistol in his mouth, killing him instantly. They then required the settler to sell his property to them, and leave the country. He, fearing that they would otherwise take his life, sold them his valuable property for $300, and departed with his family. _The sheriff was one of the purchasers._"

The Baltimore American, Feb. 8, 1838, publishes the following from the Nashville (Tennessee) Banner:

"A most atrocious murder was committed a few days ago at Lagrange, in this state, on the body of Mr. John T. Foster, a respectable merchant of that town. The perpetrators of this bloody act are E. Moody, Thomas Moody, J.E. Douglass, W.R. Harris, and W.C. Harris. The circumstances attending this horrible affair, are the following:--On the night previous to the murder, a gang of villains, under pretence of wishing to purchase goods, entered Mr. Foster's store, took him by force, and rode him through the streets _on a rail_. The next morning, Mr. F. met one of the party, and gave him a caning. For this just retaliation for the outrage which had been committed on his person, he was pursued by the persons alone named, while taking a walk with a friend, and murdered in the open face of day."

The following presentment of a Tennessee Grand Jury, sufficiently explains and comments on itself:

The Grand Jurors empanelled to inquire for the county of Shelby, would separate without having discharged their duties, if they were to omit to notice public evils which they have found their powers inadequate to put in train for punishment. The evils referred to exist more particularly in the town of Memphis.

The audacity and frequency with which outrages are committed, forbid us, in justice to our consciences, to omit to use the powers we possess, to bring them to the severe action of the law; and when we find our powers inadequate, to draw upon them public attention, and the rebuke of the good.

An infamous female publicly and grossly assaults a lady; therefore a public meeting is called, the mayor of the town is placed in the chair, resolutions are adopted, providing for the summary and lawless punishment of the wretched woman. In the progress of the affair, _hundreds of citizens_ assemble at her house, and raze it to the ground. The unfortunate creature, together with two or three men of like character, are committed, in an open canoe or boat, without oar or paddle, to the middle of the Mississippi river.

Such is a concise outline of the leading incidents of a recent transaction in Memphis. It might be filled up by the detail of individual exploits, which would give vivacity to the description; but we forbear to mention them. We leave it to others to admire the manliness of the transaction, and the courage displayed by a mob of hundreds, in the various outrages upon the persons and property of three or four individuals who fell under its vengeance.

The present white population of Tennessee is about the same with that of Massachusetts, and yet more outbreaking crimes are committed in Tennessee in a _single month_, than in Massachusetts during a whole year; and this, too, notwithstanding the largest town in Tennessee has but six thousand inhabitants; whereas, in Massachusetts, besides one of eighty thousand, and two others of nearly twenty thousand each, there are at least a dozen larger than the chief town in Tennessee, which gives to the latter state an important advantage on the score of morality, the country being so much more favorable to it than large towns.

KENTUCKY.

Kentucky has been one of the United States since 1792. Its present white population is about six hundred thousand.

The details which follow show still further that those who unite to plunder of their rights one class of human beings, regard as _sacred_ the rights of no class.

The following affair at Maysville, Kentucky, is extracted from the Maryland Republican, January 30, 1838.

"A fight came on at Maysville, Ky. on the 29th ultimo, in which a Mr. Coulster was stabbed in the side and is dead; a Mr. Gibson was well hacked with a knife; a Mr. Ferris was dangerously wounded in the head, and another of the same name in the hip; a Mr. Shoemaker was severely beaten, and several others seriously hurt in various ways."

The following is extracted from the N.C. Standard.

"A most bloody and shocking transaction took place in the little town of Clinton, Hickman co. Ken. The circumstances are briefly as follows: A special canvass for a representative from the county of Hickman, had for some time been in progress. A gentleman by the name of Binford was a candidate. The State Senator from the district, Judge James, took some exceptions to the reputation of Binford, and intimated that if B. should be elected, he (James) would resign rather than serve with such a colleague. Hearing this, Binford went to the house of James to demand an explanation. Mrs. James remarked, in a jest as Binford thought, that if she was in the place of her husband she would resign her seat in the Senate, and not serve with such a character. B. told her that she was a woman, and could say what she pleased. She replied that she was not in earnest. James then looked B. in the face and said that, if his wife said so, it was the fact--'he was an infamous scoundrel and d----d rascal.' He asked B. if he was armed, and on being answered in the affirmative, he stepped into an adjoining room to arm himself; He was prevented by the family from returning, and Binford walked out. J. then told him from his piazza, that he would meet him next day in Clinton.

"True to their appointment, the enraged parties met on the streets the following day. James shot first, his ball passing through his antagonist's liver, whose pistol fired immediately afterwards, and missing J., the ball pierced the head of a stranger by the name of Collins, who instantly fell and expired. After being shot, Binford sprang upon J. with the fury of a wounded tiger, and would have taken his life but for a second shot received through the back from Bartin James, the brother of Thomas. Even after he received the last fatal wound he struggled with his antagonist until death relaxed his grasp, and he fell with the horrid exclamation, _'I am a dead man!'_

"Judge James gave himself up to the authorities; and when the informant of the editor left Clinton, Binford, and the unfortunate stranger lay shrouded corpses together."

The "N.O. Bee" thus gives the conclusion of the matter:

"Judge James was tried and acquitted, the death of Binford being regarded as an act of justifiable homicide."

From the "Flemingsburg Kentuckian," June 23,'38.

AFFRAY.--Thomas Binford, of Hickman county, Kentucky, recently attacked a Mr. Gardner of Dresden, with a drawn knife, and cut his face pretty badly. Gardner picked up a piece of iron and gave him a side-wipe above the ear that brought him to terms. The skull was fractured about two inches. Binford's brother was killed at Clinton, Kentucky, last fall by Judge James.

The "Red River Whig" of September 15, 1838, says:--"A ruffian of the name of Charles Gibson, attempted to murder a girl named Mary Green, of Louisville, Ky. on the 23d ult. He cut her in six different places with a Bowie knife. His object, as stated in a subsequent investigation before the Police Court, was to cut her throat, which she prevented by throwing up her arms."

From the "Louisville Advertiser," Dec. 17th, 1838:--"A startling tragedy occurred in this city on Saturday evening last, in which A.H. Meeks was instantly killed, John Rothwell mortally wounded, William Holmes severely wounded, and Henry Oldham slightly, by the use of Bowie knives, by Judge E.C. Wilkinson, and his brother, B.R. Wilkinson, of Natchez, and J. Murdough, of Holly Springs, Mississippi. It seems that Judge Wilkinson had ordered a coat at the shop of Messrs. Varnum & Redding. The coat was made; the Judge, accompanied by his brother and Mr. Murdough, went to the shop of Varnum & Redding, tried on the coat, and was irritated because, as he believed, it did not fit him. Mr. Redding undertook to convince him that he was in error, and ventured to assure the Judge that the coat was well made. The Judge instantly seized an iron poker, and commenced an attack on Redding. The blow with the poker was partially warded off--Redding grappled his assailant, when a companion of the Judge drew a Bowie knife, and, but for the interposition and interference of the unfortunate Meeks, a journeyman tailor, and a gentleman passing by at the moment, Redding might have been assassinated in his own shop. Shortly afterwards, Redding, Meeks, Rothwell, and Holmes went to the Galt House. They sent up stairs for Judge Wilkinson, and he came down into the bar room, when angry words were passed. The Judge went up stairs again, and in a short time returned with his companions, all armed with knives. Harsh language was again used. Meeks, felt called on to state what he had seen of the conflict, and did so, and Murdough gave him the d--d lie, for which Meeks struck him. On receiving the blow with the whip, Murdough instantly plunged his Bowie knife into the abdomen of Meeks, and killed him on the spot.

"At the same instant B.R. Wilkinson attempted to get at Redding, and Holmes and Rothwell interfered, or joined in the affray. Holmes was wounded, probably by B.R. Wilkinson; and the Judge, having left the room for an instant, returned, and finding Rothwell contending with his brother, or bending over him, he (the Judge) stabbed Rothwell in the back, and inflicted a mortal wound.

"Judge Wilkinson, his brother, and J. Murdough, have been recently tried and ACQUITTED."

From the "New Orleans Bee," Sept. 27, 1838.

"It appears from the statement of the Lexington Intelligencer, that there has been for some time past, an enmity between the drivers of the old and opposition lines of stages running from that city. On the evening of the 13th an encounter took place at the Circus between two of them, Powell and Cameron, and the latter was so much injured that his life was in imminent danger. About 12 o'clock the same night, several drivers of the old line rushed into Keizer's Hotel, where Powell and other drivers of the opposition-line boarded, and a general melee took place, in the course of which several pistols were discharged, the ball of one of them passing through the head of Crabster, an old line driver, and killing him on the spot. Crabster, before he was shot, had discharged his own pistol which had burst into fragments. Two or three drivers of the opposition were wounded with buck shot, but not dangerously."

The "Mobile Advertiser" of September 15, 1838, copies the following from the Louisville (Ky.) Journal.

"A Mr. Campbell was killed in Henderson county on the 31st ult. by a Mr. Harrison. It appears, that there was an affray between the parties some months ago, and that Harrison subsequently left home and returned on the 31st in a trading boat. Campbell met him at the boat with a loaded rifle and declared his determination to kill him, at the same time asking him whether he had a rifle and expressing a desire to give him a fair chance. Harrison affected to laugh at the whole matter and invited Campbell into his boat to take a drink with him. Campbell accepted the invitation, but, while he was in the act of drinking, Harrison seized his rifle, fired it off, and laid Campbell dead by striking him with the barrel of it."

The "Missouri Republican" of July 29, 1837 published the details which follow from the Louisville Journal.

MOUNT STERLING, Ky. July 20, 1837.

"Gentlemen:--A most unfortunate and fatal occurrence transpired in our town last evening, about 6 o'clock. Some of the most prominent friends of Judge French had a meeting yesterday at Col. Young's, near this place, and warm words ensued between Mr. Albert Thomas and Belvard Peters, Esq., and a few blows were exchanged, and several of the friends of each collected at the spot. Whilst the parties were thus engaged. Mr. Wm. White, who was a friend of Mr. Peters, struck Mr. Thomas, whereupon B.F. Thomas Esq. engaged in the combat on the side of his brother and Mr. W. Roberts on the part of Peters--Mr. G.W. Thomas taking part with his brothers. Albert Thomas had Peters down and was taken off by a gentleman present, and whilst held by that gentleman, he was struck by White; and B.F. Thomas having made some remark White struck him. B.F. Thomas returned the blow, and having a large knife, stabbed White, who nevertheless continued the contest, and, it is said, broke Thomas's arm with a rock of a chair. Thomas then inflicted some other stabs, of which White died in a few minutes. Roberts was knocked down twice by Albert Thomas, and, I believe, is much hurt. G.W. Thomas was somewhat hurt also. White and B.F. Thomas had always been on friendly terms. You are acquainted with the Messrs. Thomas. Mr. White was a much larger man than either of them, weighing nearly 200 pounds, and in the prime of life. As you may very naturally suppose, great excitement prevails here, and Mr. B.F. Thomas regrets the fatal catastrophe as much as any one else, but believes from all the circumstances that he was justifiable in what he did, although he would be as far from doing such an act when cool and deliberate as any man whatever."

The "New Orleans Bulletin" of Aug. 24, 1838, extracts the following from the Louisville Journal.

"News has just reached us, that Thomas P. Moore, attacked the Senior Editor of this paper in the yard of the Harrodsburg Springs. Mr. Moore advanced upon Mr. Prentice with a drawn pistol and fired at him; Mr. Prentice then fired, neither shot taking effect. Mr. Prentice drew a second pistol, when Mr. Moore quailed and said he had no other arms; whereupon Mr. Prentice from superabundant magnanimity spared the miscreant's life."

From "The Floridian" of June 10, 1837. MURDER. Mr. Gillespie, a respectable citizen aged 50, was murdered a few days since by a Mr. Arnett, near Mumfordsville, Ky., which latter shot his victim twice with a rifle.

The "Augusta (Ga.) Sentinel," May 11, 1838, has the following account of murders in Kentucky:

"At Mill's Point, Kentucky, Dr. Thomas Rivers was shot one day last week, from out of a window, by Lawyer Ferguson, both citizens of that place, and both parties are represented to have stood high in the estimation of the community in which they lived. The difficulty we understand to have grown out of a law suit at issue between them."

Just as our paper was going to press, we learn that the brother of Dr. Rivers, who had been sent for, had arrived, and immediately shot Lawyer Ferguson. He at first shot him with a shot gun, upon his retreat, which did not prove fatal; he then approached him immediately with a pistol, and killed him on the spot."

The Right Rev. B.B. Smith, Bishop of the Episcopal diocese of Kentucky, published about two years since an article in the Lexington (Ky.) Intelligencer, entitled "Thoughts on the frequency of homicides in the state of Kentucky." We conclude this head with a brief extract from the testimony of the Bishop, contained in that article.

"The writer has never conversed with a traveled and enlightened European or eastern man, who has not expressed the most undisguised horror at the frequency of homicide and murder within our bounds, and at the _ease with which the homicide escapes from punishment_.

"As to the frequency of these shocking occurrences, the writer has some opportunity of being correctly impressed, by means of a yearly tour through many counties of the State. He has also been particular in making inquiries of our most distinguished legal and political characters, and from some has derived conjectural estimates which were truly alarming. A few have been of the opinion, that on an average one murder a year may be charged to the account of every county in the state, making the frightful aggregate of 850 human lives sacrificed to revenge, or the victims of momentary passion, in the course of every ten years.

"Others have placed the estimate much lower, and have thought that thirty for the whole state, every year, would be found much nearer the truth. An attempt has been made lately to obtain data more satisfactory than conjecture, and circulars have been addressed to the clerks of most of the counties, in order to arrive at as correct an estimate as possible of the actual number of homicides during the three years last past. It will be seen, however, that statistics thus obtained, even from every county in the state, would necessarily be imperfect, inasmuch as the records of the courts _by no means show all the cases_, which occur, some escaping without _any_ of the forms of a legal examination, and there being _many affrays_ which end only in wounds, or where the parties are separated.

"From these returns, it appears that in 27 counties there have been, within the last three years, of homicides of every grade, 35, but only 8 convictions in the same period, leaving 27 cases which have passed wholly unpunished. During the same period there have been from eighty-five counties, only eleven commitments to the state prison, nine for manslaughter, and two for shooting with intent to kill, _and not an instance of capital punishment in the person of any white offender_. Thus an approximation is made to a general average, which probably would not vary much from one in each county every three years, or about 280 in ten years.

"It is believed that such a register of crime amongst a people professing the protestant religion and speaking the English language, is not to be found, with regard to any three-quarters of a million of people, since the downfall of the feudal system. Compared with the records of crime in Scotland, or the eastern states, the results are ABSOLUTELY SHOCKING! _It is believed there are more homicides, on an average of two years, in any of our more populous counties, than in the whole of several of our states, of equal or nearly equal white population with Kentucky._

"The victims of these affrays are not always, by any means, the most worthless of our population.

"It too often happens that the enlightened citizen, the devoted lawyer, the affectionate husband, and precious father, are thus instantaneously taken from their useful stations on earth, and hurried, all unprepared, to their final account!

"The question, is again asked, what could have brought about, and can perpetuate, this shocking state of things?"

As an illustration of the recklessness of life in Kentucky, and the terrible paralysis of public sentiment, the bishop states the following fact.

"A case of shocking homicide is remembered, where the guilty person was acquitted by a sort of acclamation, and the next day was seen in public, with two ladies hanging on his arm!"

Notwithstanding the frightful frequency of deadly affrays in Kentucky, as is certified by the above testimony of Bishop Smith, there are fewer, in proportion to the white population, than in any of the states which have passed under review, unless Tennessee may be an exception. The present white population of Kentucky is perhaps seventy thousand more than that of Maine, and yet more public fatal affrays have taken place in the former, within the last six months, than in the latter during its entire existence as a state.

The seven slave states which we have already passed under review, are just one half of the slave states and territories, included in the American Union. Before proceeding to consider the condition of society in the other slave states, we pause a moment to review the ground already traversed.

The present entire white population of the states already considered, is about two and a quarter millions; just about equal to the present white population of the state of New York. If the amount of crime resulting in loss of life, which is perpetrated by the white population of those states upon the _whites alone_, be contrasted with the amount perpetrated in the state of New York, by _all_ classes, upon _all_, we believe it will be found, that more of such crimes have been committed in these states within the last 18 months, than have occurred in the state of New York for half a century. But perhaps we shall be told that in these seven states, there are scores of cities and large towns, and that a majority of all these deadly affrays, &c., take place in _them_; to this we reply, that there are _three times as many_ cities and large towns in the state of New York, as in all those states together, and that nearly all the capital crimes perpetrated in the state take place in these cities and large villages. In the state of New York, there are more than _half a million_ of persons who live in cities and villages of more than two thousand inhabitants, whereas in Kentucky, Tennessee, Alabama, Mississippi, Louisiana, Arkansas and Missouri, there are on the largest computation not more than _one hundred thousand_ persons, residing in cities and villages of more than two thousand inhabitants, and the white population of these places (which alone is included in the estimate of crime, and that too _inflicted upon whites only_,) is probably not more than _sixty-five thousand_.

But it will doubtless be pleaded in mitigation, that the cities and large villages in those states are _new_; that they have not had sufficient time thoroughly to organize their police, so as to make it an effectual terror to evil doers; and further, that the rapid growth of those places has so overloaded the authorities with all sorts of responsibilities, that due attention to the preservation of the public peace has been nearly impossible; and besides, they have had no official experience to draw upon, as in the older cities, the offices being generally filled by young men, as a necessary consequence of the newness of the country, &c. To this we reply, that New Orleans is more than a century old, and for half that period has been the centre of a great trade; that St. Louis, Natchez, Mobile, Nashville, Louisville and Lexington, are all half a century old, and each had arrived at years of discretion, while yet the sites of Buffalo, Rochester, Lockport, Canandaigua, Geneva, Auburn, Ithaca, Oswego, Syracuse, and other large towns in Western New-York, _were a wilderness_. Further, as _a number_ of these places are larger than _either_ of the former, their growth must have been more _rapid_, and, consequently, they must have encountered still greater obstacles in the organization of an efficient police than those south western cities, with this exception, THEY WERE NOT SETTLED BY SLAVEHOLDERS.

The absurdity of assigning the _newness_ of the country, the unrestrained habits of pioneer settlers, the recklessness of life engendered by wars with the Indians, &c., as reasons sufficient to account for the frightful amount of crime in the states under review, is manifest from the fact, that Vermont is of the same age with Kentucky; Ohio, ten years younger than Kentucky, and six years younger than Tennessee; Indiana, five years younger than Louisiana; Illinois, one year younger than Mississippi; Maine, of the same age with Missouri, and two years younger than Alabama; and Michigan of the same age with Arkansas. Now, let any one contrast the state of society in Maine, Vermont, Ohio, Indiana, Illinois, and Michigan with that of Kentucky, Tennessee, Alabama, Missouri, Louisiana, Arkansas, and Mississippi, and candidly ponder the result. It is impossible satisfactorily to account for the immense disparity in crime, on any other supposition than that the latter states were settled and are inhabited almost exclusively by those who carried with them the violence, impatience of legal restraint, love of domination, fiery passions, idleness, and contempt of laborious industry, which are engendered by habits of despotic sway, acquired by residence in communities where such manners, habits and passions, mould society into their own image.[43] The practical workings of this cause are powerfully illustrated in those parts of the slave states where slaves abound, when contrasted with those where very few are held. Who does not know that there are fewer deadly affrays in proportion to the white population--that law has more sway and that human life is less insecure in East Tennessee, where there are very few slaves, than in West Tennessee, where there are large numbers. This is true also of northern and western Virginia, where few slaves are held, when contrasted with eastern Virginia; where they abound; the same remark applies to those parts of Kentucky and Missouri, where large numbers of slaves are held, when contrasted with others where there are comparatively few.

We see the same cause operating to a considerable extent in those parts of Ohio, Indiana and Illinois, settled mainly by slaveholders and others, who were natives of slave states, in contrast with other parts of these states settled almost exclusively by persons from free states; that affrays and breaches of the peace are far more frequent in the former than in the latter, is well known to all.

We now proceed to the remaining slave states. Those that have not yet been considered, are Delaware, Maryland, Virginia, North and South Carolina, Georgia, and the territory of Florida. As Delaware has hardly two thousand five hundred slaves, arbitrary power over human beings is exercised by so few persons, that the turbulence infused thereby into the public mind is but an inconsiderable element, quite insufficient to inflame the passions, much less to cast the character of the mass of the people; consequently, the state of society there, and the general security of life is but little less than in New Jersey and Pennsylvania, upon which states it borders on the north and east. The same causes operate in a considerable measure, though to a much less extent to Maryland and in Northern and Western Virginia. But in lower Virginia, North and South Carolina, Georgia and Florida, the general state of society as it respects the successful triumph of passion over law, and the consequent and universal insecurity of life is, in the main, very similar to that of the states already considered. In some portions of each of these states, human life has probably as little real protection as in Arkansas, Mississippi and Louisiana; but generally throughout the former states and sections, the laws are not so absolutely powerless as in the latter three. Deadly affrays, duels, murders, lynchings, &c., are, in proportion to the white population, as frequent and as rarely punished in lower Virginia as in Kentucky and Missouri; in North Carolina and South Carolina as in Tennessee; and in Georgia and Florida as in Alabama.

To insert the criminal statistics of the remaining slave states in detail, as those of the states already considered have been presented, would, we find, fill more space than can well be spared. Instead of this, we propose to exhibit the state of society in all the slaveholding region bordering on the Atlantic, by the testimony of the slaveholders themselves, corroborated by a few plain facts. Leaving out of view Florida, where law is the _most_ powerless, and Maryland where probably it is the _least_ so, we propose to select as a fair illustration of the actual state of society in the Atlantic slaveholding regions, North Carolina whose border is but 250 miles from the free states of Pennsylvania and New Jersey, and Georgia which constitutes its south western boundary.

We will begin with GEORGIA. This state was settled more than a century ago by a colony under General Oglethorpe. The colony was memorable for its high toned morality. One of its first regulations was an absolute prohibition of slavery in every form: but another generation arose, the prohibition was abolished, a multitude of slaves were imported, the exercise of unlimited power over them lashed up passion to the spurning of all control, and now the dreadful state of society that exists in Georgia, is revealed by the following testimony out of her own mouth.

The editor of the Darien (Georgia) Telegraph, in his paper of November 6, 1838, published the following.

"_Murderous Attack_.--Between the hours of three and four o'clock, on Saturday last, the editor of this paper was attacked by FOURTEEN armed ruffians, and knocked down by repeated blows of bludgeons. All his assailants were armed with pistols, dirks, and large clubs. Many of them are known to us; but _there is neither law nor justice to be had in Darien! We are doomed to death_ by the employers of the assassins who attacked us on Saturday, and no less than our blood will satisfy them. The cause alleged for this unmanly, base, cowardly outrage, is some expressions which occurred in an election squib, printed at this office, and extensively circulated through the county, _before the election_. The names of those who surrounded us, when the attack was made, are, A. Lefils, jr. (son to the representative), Madison Thomas, Francis Harrison, Thomas Hopkins, Alexander Blue, George Wing, James Eilands, W.I. Perkins, A.J. Raymur: the others we cannot at present recollect. The two first, LEFILS and THOMAS struck us at the same time. Pistols were levelled at us in all directions. We can produce the most respectable testimony of the truth of this statement."

The same number of the "Darien Telegraph," from which the preceding is taken, contains a correspondence between six individuals, settling the preliminaries of duels. The correspondence fills, with the exception of a dozen lines, _five columns_ of the paper. The parties were Col. W. Whig Hazzard, commander of one of the Georgia regiments in the recent Seminole campaign, Dr. T.F. Hazzard, a physician of St. Simons, and Thomas Hazzard, Esq. a county magistrate, on the one side, and Messrs. J.A. Willey, A.W. Willey, and H.B. Gould, Esqs. of Darien, on the other. In their published correspondence the parties call each other "liar," "mean rascal," "puppy," "villain," &c.

The magistrate, Thomas Hazzard, who accepts the challenge of J.A. Willey, says, in one of his letters, "Being a magistrate, under a solemn oath to do all in my power to keep the peace," &c., and yet this personification of Georgia justice superscribes his letter as follows: "To the Liar, Puppy, Fool, and Poltroon, Mr. John A. Willey" The magistrate closes his letter thus:

"Here I am; call upon me for personal satisfaction (in _propria forma_); and in the Farm Field, on St. Simon's Island, (_Deo juvante_,) I will give you a full front of my body, and do all in my power to satisfy your thirst for blood! And more, I will wager you $100, to be planked on the scratch! that J.A. Willey will neither kill or defeat T.F. Hazzard."

The following extract from the correspondence is a sufficient index of slaveholding civilization.

"ARTICLES OF BATTLE BETWEEN JOHN A. WILLEY AND W. WHIG HAZZARD.

"Condition 1. The parties to fight on the same day, and at the same place, (St. Simon's beach, near the lighthouse,) where the meeting between T.F. Hazzard and J.A. Willey will take place.

"Condition 2. The parties to fight with broad-swords in the right hand, and a dirk in the left.

"Condition 3. On the word "Charge," the parties to advance, and attack with the broadsword, or close with the dirk.

"Condition 4. THE HEAD OF THE VANQUISHED TO BE CUT OFF BY THE VICTOR, AND STUCK UPON A POLE ON THE FARM FIELD DAM, the original cause of dispute.

"Condition 5. Neither party to object to each other's weapons; and if a sword breaks, the contest to continue with the dirk.

"This Col. W. Whig Hazzard is one of the most prominent citizens in the southern part of Georgia, and previously signalized himself, as we learn from one of the letters in the correspondence, by "three deliberate rounds in a duel."

The Macon (Georgia) Telegraph of October 9, 1838, contains the following notice of two affrays in that place, in each of which an individual was killed, one on Tuesday and the other on Saturday of the same week. In publishing the case, the Macon editor remarks:

"We are compelled to remark on the inefficiency of our laws in bringing to the bar of public justice, persons committing capital offences. Under the present mode, a man has nothing more to do than to leave the state, or step over to Texas, or some other place not farther off, and he need entertain no fear of being apprehended. So long as such a state of things is permitted to exist, just so long will every man who has an enemy (and there are but few who have not) _be in constant danger of being shot down in the streets_."