Indiana Palladium, Volume 5, Number 47, Lawrenceburg, Dearborn County, 28 November 1829 — Page 1

EQUALITY OF RIGHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow. Volume V. LAWRENCEBURGII, INDIANA; SATURDAY, NOVEMBER 28, 1829. Number 47.

From the Fmcnstle Mirror, VIRGLXIA. "And she aid onto them, Call me not Ki

.omi, (mirtt)) call meMfra, (bitternesft) for the 4lroigfttv hath dealt bitterly, with me." ltuih 1. SO. Fort Young, on James river, near Ct -viogton, was established in 1761, under the command of capt. John Dickinsrn the late col. Dickinson, o'fBith. After the Greenbrier settlement was destr yed, in 17G3, the Western Indians frequently penetrated, undisturbed, to James river, as that teriible war of extermination, which had continued along the frontier from CaroIiDia to Erie,since 1754, was hut little abated by the peace of Paris, and Boquettt'o treaty, in 1763. The virulence and continuance of this border warfare ha. been necribed to the influence of the French Jesuits, in Canada and on the Oiiio; whether juetly or not is a doubtful question. In October, 1764, about twenty Delaware and Mingoes came down Dunlap'a creek, and crossed James river, above fort Young, in the night unnoticed; and passed down the river to William Carpenter's (now Karne'p mill,) where there was a kind of stockade fort, then under the carp of a Mr. Brown. They met with Carpenter lust above that! place, and kiliod him; ihey then cameto the house, where they found a woman and (tome children, all the others being out in the fields at work, with Brown. They despoiled the hou e, and took away some horses, together with Carpenter's son and Brown's two sons, sm.tii children;and fearing detection ui lojt Young, they made great baste to retrace their steps, and escape to Ohio. Carpenter's son returned to this con :ry about fifteen years afterwards now Dr. Jeremiah Carpenter, of Nicholas courty, Va. Brown's youngest 6on was redeemed and brought home under a treaty in 17C9 he was the late col. Samuel Brown, of Greenbrier. Brown's oldest son never returned it is said that he took an Indian wife and became ven wealthy; he lived at Brozvnslovm, in Michigan territory, where several of Ins respectable descendants s'ill reside; he died in 1815, after having acted a very conspicuous part in the late war. When Carpenter was killed, Brown carried the alarm to fort Young, hut that post being too week to 6pare sufficient force for pursuit, the intelligence was carried up to fort Dinwiddie, (now Andrew Warrick's, in Bitb) then command ed by capf. Paul. He set out with twenty of his Vying guards' in pursuit of the enemy ; they passed outat the bead of Dunlap'a creek, and down Indian creek, New river, toriney crek, but found no igna of the enemy. A they went ou, they met Alexander Pitman, on the bead of Indian creefc who had been running all night and the day before, from New river, to inform those at Y"ung's fort of the enemy's approach. He said that a Mr. Swope and a Mr. Pick aud himself, had been down on N w river, trappn g beavers; that about fifty Indians had passed two or three days before; that the Indians had divided on N 'W river, that one party of them had gone up the river towards Roanoke and Katawbab, and the other had gone towards Jack3on river ; that Swope and Pack had gone to Roanoke to inform the whites there of their danger; and that he (Pitman) was then on hiB wav to Y u g's fort for a similar purpose. Pitman turned and joined Paul's men in the pursuit

of the party which had returned from; unteered in 1774, in capt. Marrow's cornkilling Carpenter; but it seems that Aafjpanj, and t A a- P,;i Pleasant.

party, knowing they would be pursued, had crossed the Dunlap's creek route, and gone out by way of GreenVier and Kannawha, and so escaped to Ohio. But as Puil and his men returned to Piney river, they accidentally met with the other party of Indians, which had gone up New river aud across to Roanoke, and who were then on their return to the West. Capt. Paul and his men came on them about midnighi, while they were encamped on the nonh hank of New river, opposite the foot of a small island at the mouth of I-idian creek, (Wm.Mc Daniel's.) Their lire was nearly extinguished they were all lying around it, wrapped in skins and blanket?, excepting three or four, who seemed to be sitting up, watching three white captives in the midst of them, whom they had brought from Katawbah. Paui'r men, not then knowing that these were captive?, fired amongsi the crowd; ih first fire killed three Indians, and wound t-d s:v- ral others, and slightly wounded one of tin captives, a little boy, brought Mistory of Lowland, vol. 10, pag 593: Doddridge's .Ntes ft PaoylvaTi and Vir gioia, page 2H.

Ifrom Katawbah. One of the wounded

Indians plunged into the river ai d drowned himself, "to save his scalp," as it is the greatest disgrace for an Indian to lose his scalp a fact known to every man acquainted with them. There are numerous instances of their killing iht m!"'lves in battle, rather than to be slain by their enemies, a disposition very prevalent amongst men in a barbarous plate. -The balance of the Indians arnse, raised a yell, and escaped down the river in the darkness of the night, leaving all their guns, blankets and plunder. O " of the captives had also started to iui off, not knowing who had fired on them; but they recovered him before day, by calling in the English language. JuM at the moment of firing, .capt. Paul and his men rushed into the camp, with drawn swords and bayonets, to secure thp wound-d, and prevent ascapes. On-; of the captives wa3 a Mjs. Catharine Guun, a British lady, who had come to this country some years before, and had hired as a servant girl (previous to her marriag with the family of capi. Paul's tathn-in-law, where he had been ac quainted with her. The Indians had killed her husband and two only children, near the mouth of Katawbah, two or three days pi t.vi'uslv. When Paul and his men fired, and rushed into the camp where she was, tdae made no eff rl save herself, but tat on the ground bv the file very composedly, wrapped in her blanket, her hands being tied, and her feet being hoppled with h ngs of green hides. One 'd Paul's men, supposing her to be. ai- Indian squaw, raised ; tomahawk, and was jut about o chop heron the head with it, when Paul rush-f-d ia before, him, received the wound in nis arm, and fumade the soldier to do Bu, a)irg 'it was a shame for a man to ;:un a woman, even a squaw." Calha nr.e Gunn knew Paul's vioce; and na med him, upon which he recognised her in the daik. After a light was kindled, Paul atked her why had she not cried ui, or endeavored to escape? She replied in the bitterness of grief, that "she w'uld as soon be killed as not, if not rather." She was asked why? She an1 a, m m swered, fcwnat would 1 live tor i HI husband is killed my children are slai my parents are dead I have not a relation in America; who would there be left to mourn forme? Everything dear to me on earth is gone 1 have no wishes, no hopes, no fears, no object to live for; 1 would not have risen on my feet to 6ave my life." The destruction of the enemy on this occasion would probably have been much greater, had it not been for a slight incident, which may in some measure illustrate the spirit of the times: When Paul and his men came on the enemy's camp in the nighi, they spent a ahon time in forming, and preparing for a s imultaneous lire; to render it more ffi Cient they all kneeled on one knee, t" enable them to take aim by the feint sky light of the horizon, which glimmer ed down the valley of the river all thi had to be done by signs, s cretly and silently: while thev we re. m the act of ta king aim, one of Paul's men named John McCollum, called out to his comrades to "take a st ady pull, and send them to hell." His voice gave the wary enemy a moments warning ol their peril. The white; captives and spoil wen? brought to fori Dinwiddie. Many of the old settlers on J.imes river ve,re afterwards acquained with John M Coliurn he vol SON OF CORNSTALK. ARMY OF THE UNITED STATES. ORDER NO. 6. Adjutant general's office, Washington 23d September, 2-2S. I... .At a general court martial, of which capt. Webb, of the 3d regiment of infantry, was president, held at Jetlersoni barracks, in the state of Missouri, on the 1st of .loll. 1R9Q hv virtnP nf nrrtr Tr !

2V emanating from the head quarters',1 circumstances, to the clemency of

ol the western department, was arraigned and tried 1st, private Jam Huh ardscn, al;as James Kelly, of D comoanv, atu ;r,r 47 J - CHARGE. "Repeated desertion" Specification )st In this: That he, private James Richardson, alias Jumes Kelly, when a soldier of captain Smith's company, G 1st regiment of infantry, and known by the name of James Rich ardson, stationed at camp Morgan, on Flint river in the Creek nation, did desert the service of the United States from said camp Morgan, on Flint river, in the Creek nation, ?omo tiriTC in the

month of June, July, or August 1825; and did, whilst a deserter as aforesaid, enlist with captain Lewis of the 3d regiment of infantry, at new Port, Ky. on the 1st day of April, 1829. as a soldier in the army of the United States, b the name of James Kelly, b which name he was attached to company I, 6th infantry, May 17th, 1829. Specification 2rf. In this: That he

James Uici.aidsoe, alias James Kelly, of I company, Gth regiment f infantry, when convicted and undergoing a stop page of pay by Sentence of a general court m rtial, for a desertion ot 24th May, 1829. which sentence was promul gated in department orders May 31, 1 829, did desert the sei vice of'the Uni ted States, from JeflVron barr-i k, on or about the 17th of June, 1829, ai d ''id remain absent irom his company until apprehended and brought back by a tit; Z;?n, and delivered at Jefferson barracks as a dese ter, on the 21st day of Ju .e, 1 829. Thirty dollars paid fer his appre henson. To which the prisoner pleaded as fcl lows: "g-ify of st specification ; and "guilty" of 2rf specification', and "guilty y Ol th CHARGE The pris -ner not having any thing to state to the court,.in extenuation of hia crimes, the court pronounced the follow ing SENTENCE. "The court co'firm the plea of the prisoner, private James Richardson, alias, James Kelly, of I company, 6th rcgim- nt, and sentence him to be ''shot to death" two thirds of the members concurring therein. At the same court was tried, sergeant Robert Fcrgyison, of company, K, Gth regiment of in antry. charged w ith "deseiting the cervice of the United States, from Jefferson barracks, (jJo.) on or about the 5th day of June, 1329, ami reinaining ab sen!, until apprehended and brought back on or about the evniing of the 9ih of June, 1829. Thirty dollars paid for his appre hernion. To which the prisoner plead "no crin SEKTFXCE. "The court, rfter mature deliberation, on the testimony adduced, find the prisoner, screennt Hubert terguson euiny of the charge exhibited against him and sentence him to be "sj to death;" two thirdsofthe members co- cu: r;-gterein. The ou t begs leave, onl in consider ation of the prisoner's farmer g od coninct, to recommend him to the clemency of the president. II. ...In contormity with the Goth arri cle of war, the major genera command ing the army, has ranmitted the whole of the proceedings in the ibregoing cases j to the ecretay oi war, to be laid belo.e the president of the United States, f r I113 decision thereon, and has received ti e follow ing order in the cases. War dipartment Washington, September 29 th, 1829. "The proceedings of the general court martial, whereof captain Webb was president, held at JetTe rson barracks, in Julylast, for the trial of James Richardson, alias J me3 Kellv, and of sergeant Hobert Ferguson, who w ere sentenced to be shot, have been submitted to the consideration of the president of the United State- for approval. Sergeant Ferguson does not appear to have left the service with any intction to desert. He was, as appears by the evidence, on his return to his duty, at the time of his arrest. This is not a case that would authorize a y thing of marked severity; he is accordingly directed to be discharged from his confinement, and to be returned to his duty. James Richardscn, alias James Kelly, has disregarded wholly the duties and obligations of a soldier. He has three times deserted, and at last, when placed upon hi9 trial, with a hardiness that pertains 10 crime, reruseci to oner nught in palliation owns ottence, and pleaded euil ty. He would have little claim under l4i""ACl ul,,J. . A, The Pfu ,n theJcasp' h7CV cr;.are sh,that the president finds him. self unable to approve them. Bv the 69th rule of the articles of war, it is re quired that the members composing the court shall take an oath "well and truly to try and determine, according to evidence, the matter between the United States of America, and the prisoner to be tried" On this point the record is silent; it does not show-, that the members composing the court acted under the obligations of an oath, as the law requires shall he the case. It is not presumable that so essential a ci'cumstance, was overlooked by the court 5 but be this as

it may, it is a matter not open to eXpla" nation and proof. The law requiring that the court shall act upon oath, that it was so done must be rendered manifest bi the records itself, and can be made apparent no other way; in this view then, the proceedings are def ttive; so much so, that a judgment cannot be pr nodn ed upon them. In ail cases of tri

al by court martial, it huld appear by! me record that the memoers composing the court were sworn in each particul ir cas- . The proceedings had in those cases, are disapproved, and the judgments set aside; and although the case of Hie am ton, alias Kel'y. is one ot high and agyrrvat d ch - racier, the pre-ident mutj nevertheless, take for his guidance, even in such a cas , wi atever are conceived to be the mandates fthelw. He directs, at the xp ration of thirty days from the receiving cf this order, that thi soldier he dis. barged from his confinement, and from errice-, nd that information, by the commanding officer at Jefferson barracks, be forward o cv cry post, giving an accmate deseri; ion of his person; and it is hereby ordered and directed, thnt he never again be p; r mitted to join the army, that one so unworthy' and so regar'los of the jiM oh ligations of a soldier may no more be suffered to disgrace the ranks ot th-- A mcrican army. This, the mil est alter na ive that is presented, may, it is ho ped, produce a moral effect on the army, though probal ly none to the soldier, who, without the piv per sense of honor and duty ould cleave to ile without it. The off nee of desertion, so degradh g to an armv, so ruinous to its morals, and so destrui'.tive of utility, must calculate nothing on clemency. 1 he faithless sol dier, w ho in peace ab mdons the standard of his country, in war can never ne relied on. The pies dent, therefore, again admonishes &. warns the soldiers 01 the ar my, that fidelity is due to themselves, an': demanded of them bv their c nntrv, that desertions must cease, or oUe he will h.-.ve 110 alternative than to discharge his duty, painiul as the performance may be. In anou. cing this decisicn, I have t in comma-d Jrom the pr sident to sax, that while, as in makers of homicid- , every killi gdoe- not nece-sarily consti tute murder; so neither does every case of voluntary nbsenc- consti tute the crime f de ert'on. Courts are hence enjoined to particul r eaution for the future, that m all ca-es the certainty of the intention of (he soldier, by whi h alone guilt can be rendered apparent, shall h ful y examined into, and clearly ascertained. And to this end, and be cniir-e that justice and humanity direct it, i' is recommended that hereafter the plea cf guilty, on a ch irge involving ihe life of a soldirr, shall bi be received ; but in all such cases, the court will enter for the prisoners the plea "hpJ guilty," and determine the grade of the offence, and quantum of guilt, by the character of the evidence produced to them." By command of the president, JOHN H. EATON. III. The defects pointed out in the proceeding-:, in the foregoing cases, make it the duty of the general-in-ehiet to call the attention of officers fficiating as jude advocates, to the propriety of placing at the head of the recoid in each case, which may be separated from the general proceedings, to be sent to the adjutant general ot the army, for the consideration of the general-in chief, or to be laid before the president of the United States, the order of directing the assembly of the court; and to record the fact, the court had bteo duly sworn in the presence of the prisoner on trial, and that he had been a?ked whether he had any objections to the members detailed for bis trial; and his answer thereto. The record should be made aa hereto fore directed, on letter paper, and a suf ficient margin left on the inner edge of each sheet, to allow for being attached without interfering with the record. The pages should be correctly numbered, and the documents which are to accompany the proceedings should be so noted and marked, as to afford an easy reference. IV. All proceedings of courts martial, which are to be forwarded by generals of department to the adjutant general of the army, for safe keeping, wilibe accompanied by the orders of the officer approving the same; those orders being considered as an essential part of the proceedings, and necessary to show the final decision in each ca3e, and consequently ought to be filed with the origin al proceedings,

By order cf Alexander Macomb, m& jor gmeral commanding the army, RODGERJONES, auj.gen. The Josxah Culbertsom, whose bravery, firmness, nd devotion i0 l is trust,' is commemorated in the following rticle, lately published i the k,SiUu.(iay Evening Post," is now, and for mar.y years has been a resident of D vn sg conn v, in this state, (Indiana). He is a -v ut-ward- o;. eighty years ol.-. .d stdl retair.s that firmness o character steadin s o?' purpose, and love of coun-

tty bv w? cn ne was distinguished in his youth. But he is personally- knon o very mar.yofcm citizens, and, although his lot has h.-en cst in an humble sphere, wherever v? is known, hi worth is ap preciated; it is theretore needles. to extend my r rnarks further. There are row in our vicinity many erhigra-'ts irom Carolina, who have been long acquaint d ith Mr. Culbertsoit and his exploit; amor.gst othos, one person, at that time about twelve years old,, who was in the immediate vicinity of the house defended by Culbertson heard the guns fired, and went to the hou-e immediatelv after the retreat of the tories. Judge Thomfson, of Daviess county, w.s raised in the neighbor hood, has heard the anecdote from hia early days as a matter of fact, and has al ays understood that Mr. ( ulbertson, now of Daviess county, was the man. It is worthy of remark, that during the late contest for the Presidency Mr. Culbertson, in the true spirit of "7 Supported the pretei tions of cur present most excellent chief magistrate Western 6wn REVOLUTIONARY REMINISCENCE. Josiah Culbertson and Mrs. Thomas, highly deserve a niche among the evolutionary w orthies of the. Upper Country. It has been stated in the body of the history. that Gov. Ruthedge, in 1776, -ent up ammunition to the whig- to keep the tories in subjection in Ninety-six District. A par? of tins was lodged with Col. John Thomas, husband 01 Mrs. Thomas, who lived in the district n-w called Spartanburg, part of old Ninety six. In the spring of 1760, while the British besieged Charleston, it was guarded by Culbertsbn and twenty-five men, and the arrival of the British inspired the tories w ith fresh hopes. Col. Moore, a royalist, afterwards killed io, Georgia, determining to be early conspicuous, raised a tody of 150 torieSf with a design to take tha ammunition Upon the approach of Moore with such, a superior force, the guard, except Cul bertson and his mother in law, Mrc Thoma?, fled, many of them leaving their guns bchino Culbertson said all he could to get them to fight, in vain; and being under the cover of a strong log house, he determined to fight the tory party himself. Accordingly he loaned hi guns, Mrs. Thomas in the mean time, being employed in moulding bullets for hitn to load and re-load; and he stood upon his defence. When the tories came within reach he fired upon them io such rapid succession, that believing the whole guard to ne under cover of the bouse, they t ok to their heels and rur away. I have stated before, that a CutsideraUe quantity of ammunition was hid by Major McJankin, in hollow trees, until reclaimed by him for Sumpter this was the same ammunition defended by Culbertson, and it was expended by Sumpter in his attack on Rocky Mountain, and at the battle of the Hanging Rock. In this point of vieWjCulbertson's defence, besides the bravery of it, became highfy important in its consequec ces, for Sumpter could n't have commenced his operations without that ammunition. Cobbeti. There is one thing, says Ccbbett in his " Emigrant's Guide," which 'very English wife ought to be told, when a husband is proposing to emigrate, and that is, that American hueband3are the most indulgent in the world ; but at the same time she ought to be told that the American wives are the least presuming,the most dowle, the least meddling in their husbands' affairs, ai d the most attentive to their own affairs, of al) the women upon the face of the earth. America is a country full of writers upon politics; full of political quarrels and angry political discussions; and I do not recollect that I ever heard a wife in America open her lips upon any such subject. They appear to have no pretensions to any right to meddle with their husbands' concerns; and the hu-bands, on their part, are certainly the most gen lie and the most indulgent in the wurld, but not more so than is merited by each