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against the Caraman family, who, profiting by his attending to all the preparations for the trial of those absence, had possessed themselves of several shares of concerned in that affair, he could declare that the name stock in the canal du Midi, which had been given him of M. de Polignac was not once mentioned in the whole by the Emperor. The spoliation of M. Real, executed process. in virtue of an ordinance, which had been surprised M. Real had gone to the Court of Peers the very from Louis XVIII, was a monstrous iniquity; without day that this letter was read by M. de Martignac. He the revolution of July, he would, however, have very had found a place in the tribune of the journalists. I probably lost his suit, as the heirs of Count Fermon, was seated near him. M. de Polignac directed his placed in absolutely identical circumstances, had lost opera glass to the different tribunes with the most pertheirs against the same individuals. The judges of fect indifference. He at last recognized M. Real; and the restoration allowed the unconstitutionality of the after having indicated his position to his fellow prisoner, imperial decrees to be pleaded before them; but they saluted him in the kindest and most affable manner. bowed before a royal ordinance, whether defective or “It was in that same manner,” said M. Real to me, not in form, or consistent with, or contrary to the law, that he saluted me the day that I visited him at the with all the respect that is shown in Turkey to a firman office of the Minister of Foreign Affairs." of the sultan.
M. Real, instructed by the failure of the heirs of M. de Fermon, had carried his suit before the Council of
M. DE MONBEL. State. It was there at the period of M. de Polignac's elevation to the Ministry. M. Real thought that he M. de Monbel—I will not say the Baron de Monbel, might solicit the support of one who did not hesitate to because M. de Monbel is no more a Baron than M. say that he was under obligations to him.
d'Arlincourt is a Viscount. M. de Monbel's real name The vehemence with which the journals expressed is Baron; he added the de Monbel to his patronimique themselves, on the occasion of the formation of the because having been born in a village of the name of Polignac Ministry, cannot be forgotten. M. Real was Monbel. M. d'Arlincourt's name is Victor d'Arlinstill affected by what he had just read, when he pre-court: he signed himself V. d'Arlincourt. On one occasented himself in the office of the Minister of Foreign sion, and because of the V which preceded his name, Affairs
. Being immediately admitted to an audience Louis XVIII called him a Viscount, and he has suffered with the Minister, he was surprised at the perfect himself to pass under that name ever since. The artiserenity of M. de Polignac, and the tranquil and calm cle in the penal code, which punished the usurpation of tone in which he expressed himself. After a few words titles, having been abolished, one has nothing more to had been exchanged on the business which brought M. say to the Baron de Monbel than to the Viscount d'ArReal to the office, they began to speak of public affairs. lincourt.
"Well, Count, what do you think of the situation in M. Baron, of Monbel, (department de la Haute-Gawhich we find ourselves ?”
ronne,) could hardly have anticipated, in 1825, the for"I do not know whether I should congratulate, or tune which he afterwards possessed, or the career which condole with your excellency."
was to be opened to him. He was the son of an indi"Condole with me-and why?"
vidual whose income did not exceed four thousand francs, “The struggle seems to be so seriously waged, that and was educated at the college of Serreze. In 1825, one cannot say who will win or who will lose." (the proof of this fact is to be found in the office of the
"And are you, a man of experience, frightened by Minister of the Interior,) he solicited, in virtue of the these idle clamors ?”
devotion of his whole family, and in consideration of his "It is exactly because I am a man of experience, limited means, the place of councillor of prefecture at that I have hesitated whether to address your excel- Toulouse. It was about this time, (he was then forty lency compliments of congratulation or condolence.” years of age,) that, having married a rich woman, he
"Things are not so desperate, M. Real, as you caused himself to be nominated a deputy. He appear. appear to think; all will be calm."
ed in the Chamber, for the first time, in 1827, during "I wish it may be so; but, in the meantime, your the ministry of M. de Martignac. For his debut he excellency does not seem to be upon a bed of roses." supported, in conformity with the interest of the Vil
"It is true ; but you know that I have been worse lèle ministry, the accusation brought forward by M. off ; when I was in your custody, for example, I ma- Labbey de Pompières against the ministry of M. de naged to extricate myself; and I will again extricate Martignac. Already be had himself called M. le Baron myself with the aid of Providence." .
de Monbel. Under this assumed title and false name, “But should Providence, accidentally, refuse to med- he became a minister, and was tried and condemned. dle with your affairs." "Oh! Providence is with us he will not aban
THE REFUSAL TO PAY TAXES_A Precedent, M. Real saw M. de Polignac but once afterwards. It was in the Chamber of Peers during the trial of the The associations for the refusal of taxes, followed Ministers. M. de Polignac had been accused in some quickly after the formation of the Polignac ministry, publications of having participated in the attempt at Facts have since proved that France was not deceived assassination of the 3d Nivose. M. de Martignac, in its anticipations, and that it wisely comprehended the defender of the ex-president of the Council, had the hostility to its institutions to be expected from such applied to M. Real on the subject, who replied by men as Messrs. de Polignac, Bourmont, and Labourdonletter, that having been charged with the duty of naie; nor was the government, on its side, long in un
SKETCH OF THE LIFE OF
derstanding the full power of the means of resistance from his port-folio, and read before the tribunal sitting then seized for the first time by the people. The refusal | in judgment in the name of Charles X, an authentic deto pay taxes, is in fact the last reason of the people, and claration addressed to Louis XVI, when king, by his by a much juster title than the cannon is that of kings. brother the Count d'Artois, (afterwards Charles X) Orders were given to all the attorneys general and by the Prince of Condé, the Duke of Bourbon, and the king's attorneys, to prosecute with the greatest rigor Duke d'Enghien. These princes announced to the king every journal that registered the acts of association by this declaration, respectfully, but formally, their defor the refusal of taxes, and invited their readers to sub- termination to refuse the payment of all taxes, in the scribe to them.
event of the constituent assembly's attempting any inAmong the newspapers thus prosecuted, was a pro- fringement of the rights and prerogatives of the nobility. vincial journal, La Sentinelle des Deux-Sèvres. This But one prince of the royal family bad refused to sign journal, which was conducted with courage and talent, this paper; this person was Monsieur, Count of Prohad published a letter on the subject of the refusal of vence, afterwards Louis XVIII. No one had even taxes, by M. Mauquin, who had been simultaneously dreamt of asking the signatures of the princes of that nominated as deputy by the department des Deux-Sèvres, Orleans branch. and by that of la Côte d'Or. This journal was prosecu. The effect on the tribunal, produced by reading this ted for the publication of the letter. M. Mauquin has- piece, was magical. The king's attorney was put down, tened to offer the support of his fine talents to a journal and the journal, after some forms had been gone through, which was involved in difficulties on his account; and was acquitted, amidst the applauses of the whole au: notwithstanding the excessive cold of the winter of dience. 1829–30, proceeded to Niort to defend, before the court which was to try the offence, a cause which he regarded as a personal one.
The threat to refuse the payment of taxes in the event of a violation of the charter, said the prosecutor, LAWRENCE EVERHEART. was a gratuitous outrage to the government, which the most odious hostility could alone believe capable of for.
BY A CITIZEN OF FREDERICK COUNTY, MARTLAND. getting its oaths and betraying its duties. The right of
The deeds of the illustrious patriots of our revothe citizens to refuse, in any state of things, the paylution have been either eulogized by the orator, or ment of taxes, and thus to deprive the government all means of action, and to deliver the country up to talents, and achievements have been admired and
recorded by the faithful historian. Their virtues, anarchy, was questioned.
The answer of the counsel for the defence vas simple. remembered by a grateful country. No bosom Whether with justice or not, said they, we distrust can be found so cold, as not to glow with holy you: if we are deceived, if you respect the charter, our enthusiasm, while the eventful measures, the cheassociation will fall of itself, and the taxes, freely voted quered and thrilling scenes, which marked the by a legally constituted Chamber, will be paid as they high and lofty career of the father of his country, have heretofore been.
are recorded. The dauntless courage and tried M. Mauquin had to defend before the tribunal of skill of Greene, Wayne, Howard; Putnam, WilNiort, an offence which had already been tried before liams, and Starke, have constituted the subject of nearly every tribunal of France. He had to prove that interesting biography, and contributed largely to the constitutional government, which was already but form the military character of America. It is my a fiction, would become a mere chimera, if the Chambers were not permitted to refuse the subsidies which they design in the following sketch, to introduce to the are called upon to vote, and if, without a regular vote
notice of his countrymen, Sergeant LAWRENCE of the regularly constituted Chambers, the citizens could EVERHEART, of the regiment of cavalry under be forced to pay a tax, which, according to the true command of Lieut. Colonel William Washington, spirit of the law, should be freely agreed.
the Cour de Leon of his day, who was emphatiOpposed to so lucid and powerful a speaker as M. cally "without fear, and without reproach." Mauquin, the duty of the public prosecutor became on EVERHEART was born of German parents, in of no little difficulty. He could only effect a partial Middletown valley, Frederick county, Maryland, escape from the embarrassment of his situation-shut in May 6, 1755; and enrolled himself as a common between simple propositions—by vague declamation soldier at Taney Town, in a militia company against revolutionary factions, evil passions, the fury of commanded by Capt. Jacob Goode, on the Ist of parties
, &c. &c. From amplication to amplication, the August, 1776. He was then in the twenty-second king's attorney for Niort had at length come to sustain the proposition, that the refusal of taxes, supposing it brawny limbs, capable of enduring fatigue and
of his age, tall of stature, and of powerful
, to be in any case a right, was not of so exorbitant a character, that it would be a crime even to dream of
hardship; of noble, manly countenance, and an eye exercising it: he added, that at no period, not even
beaming with the lustre of genuine courage ; during the worst of our political storms, had the pay. a heart beating high and strong to redress the ment of taxes ever been questioned.
wrongs of his country. He left behind the lovely At this point M. Mauquin wished him to arrive. This beauties of his native residence, the endearments was the proposition which he expected to hear him sus- of home, and all the relations of social life; prelain. Rising immediately in reply, he drew a paperl ferring the perils of camp, the tumult of battle,
and the hazards of war, to inglorious and unsatis- | liberty; troops undisciplined, desertions frequent, fying ease. On the 2d of August, he set out for and deep, general depression and gloom, arising Annapolis, thence through Philadelphia to New from these combined causes. Here Everheart York, where, being united to Beall's regiment, saw and conversed with the general-in-chief. he fought at York Island, August 27th, 1776. Overwhelmed with grief and despair, his manly The disasters of that unfortunate day created uni- features were bathed with tears; the darkest versal gloom and despondency. The city of New clouds of adversity had gathered on his brow; no York was evacuated, and at once passed into the cheering hope gilded to his vision the horison of possession of the enemy. On the 28th October of freedom ; "a brave man struggling with the that year, the battle of White Plains took place, storms of fate;" the sternness of a soldier yielding in which our young recruit displayed a gallantry to the softer feelings of his noble heart! Æneas worthy of his name, and of the cause in which he looked on the flames of Troy from the prow of his had perilled his life. Chief Justice Marshall tells bark, but not without being melted down at the us that the engagement was very animated on awful scene! Driven from this last position, both sides. The loss of our army was between Washington took post at Newark, on the south three and four hundred. Among the wounded side of the Pasaick, whence he retreated to Brunswas the intrepid Col. Smallwood, one of the no- wick on the Raritan, Nov. 28, 1776. The period blest sons of Maryland, who, in the subsequent had now arrived when the troops composing the stages of the mighty struggle for independence, flying camp were discharged, their term of service acquired for himself never fading laurels. having expired. To the extreme mortification of
From this place, Everheart, with part of the the general, his army was much enfeebled from army, retreated to Fishkill, on the Hudson, and this cause, even in sight of the enemy, led on by thence to Fort Washington. It was situated on a the accomplished Cornwallis. Not so with Everhigh bluff of land on the river, and difficult of as- heart: he still remained to share the fate of the cent. On the 15th November, the garrison was Americans. The retreat through Jersey has ever summoned to surrender, on pain of death, by a been considered, by military men, a masterly pernumerous and well disciplined force, commanded formance. The sufferings and perils of our troops by Howe and Cornwallis. Col. Magaw, an in- during that period are almost beyond description. telligent and tried officer, replied that the place It is true, however, in the moral, as in the natural should be defended to the last extremity. Gen. world, that the darkest hour is just before the Washington was now at Fort Lee, immediately dawn of day. Literally was it verified in the unopposite, and could see all the operations of the expected and extraordinary change of affairs British. How full of anxiety must his bosom which occurred at Trenton, on the 26th Dec. 1776, have been, when on the bank of the river be when the tide of war was turned in our favor. bebeld the unequal contest; heard the roar of ar- One thousand prisoners, six pieces of artillery, a tillery and small arms, the lines and redoubts car- large amount of arms, were the trophies of this ried, and the banner of his country struck to a memorable night. The sun of prosperity once haughty foe! The capitulation was obtained at the more lighted up the countenance of the successful point of the bayonet. While it was progressing, chief; drops of grief gave place to smiles of joy. the General sent a billet to the colonel, requesting Remaining with the army until the spring of 1977, him to hold out until evening, when he would en- Everheart returned to his birth-place; but his ardeavor to bring off the garrison ; but the prelimi- dent spirit would not allow him to remain long innaries had been signed, and it was now too late. active. Accordingly, in the summer of 1778, he Our loss was estimated at 2,000, that of the British enlisted at Frederick, in the regiment of horse, of at 800. Everheart was not included in the capitu- which Col. Washington was commander. Belation, having fortunately escaped with some of tween this period and March, '79, he remained his comrades in a boat, after the surrender, and ar- here with the corps, actively engaged in daring rived at Fort Lee. Cornwallis resolved on sur- feats of horsemanship, in acquiring a thorough prising this place, crossed the river with six knowledge of tactics, and in making preparations thousand troops, below Dobb's Ferry, and en for the arduous duties of a southern campaign. deavored to enclose the garrison; but the charac- His virtues, as a soldier, caught the eye of the teristic caution and foresight of our chief thwarted colonel, and he was soon commissioned a sergeant. this scheme by a timely retreat to the narrow Arriving at Petersburg, Va., they were placed in * neck of land lying between the Hudson and charge of captain Stith, by whom they were, at Hackensack. Miserable and forlorn in the ex- proper seasons, disciplined and drilled, until Christtreme, was now the condition of the little army of mas of that year, when Col. Washington returned patriots; in a level country, without a single in- from the north, where he had been on service. In trenching tool, exposed to inclement weather, April, 1780, the regiment arrived at Charleston, without tents, provisions, or forage; in the midst Carolina ; and soon after, near Stony Church, of a people, in no wise zealous in the cause of seven miles from Dorchester, the regiments of light dragoons of Pulaski, Bland, and Baylor, led Morgan, by direction of Gates, he resumed his by the lieutenant-colonel, attacked for the first accustomed active service, and was essentially time, the celebrated Tarleton. He retreated with useful in the important trust confided to Morgan. loss. The Americans retiring to Monk's corner, Greene succeeding Gates, after the ill-fated cataswere soon after attacked before day, by that en- trophe at Camden, Morgan was detached with terprising British officer, who had concealed him- the corps to which Everheart belonged, to hang on self for sometime in a swamp. Major Vannier, of the enemy's flank, and to threaten Ninety-Six. Pulaski's corps, was killed, and about fifty of our After various vicissitudes incident to the life of a men were taken. Collecting our scattered forces, soldier, Morgan halted near the Pacolet river, on our troops pressed on to Murray's ferry, subsisting the 1st of January, 1781. Washington set out for several days on parched corn and a little bacon. for Hammond's store, so notorious for being the Crossing the Pedee on the 3d of May, every effort rendezvous of tories, (leaving the sergeant in was made by forced marches to overtake Tarleton, charge of the baggage,) whence he returned in but in vain, in consequence of the numerous tories two days, after killing several, and taking fifty or infesting that neighborhood, who proved constant sixty prisoners. From this period until the 17th and liege subjects, and friends to the devastating of the month, the Americans were continually enfoe. On the 6th of May, they captured one com- gaged in reconnoitering the British. That was pany of British dragoons, consisting of forty per- indeed a day, full of glory to our country. On the sons, and retired back again to the ferry ; Buford heights of Cowpens, the unyielding valor of men then lying on the northern side of the river. In determined to be free, shone with unrivalled lustre, vain did the colonel insist on crossing the Pedee, With his characteristic ardor, Tarleton pressed but was overruled by White, who had recently hard on his adversary through the night of the arrived to assume the command of Bland's regi- 16th, and passed over the ground on which the ment; Tarleton at once took advantage of this im- American general had been encamped, a few politic movement, and not only recaptured the hours after the latter had left it. prisoners recently taken, but also forty Americans. The following letter of Lieutenant Simons to Two days afterwards, the scattered regiments Colonel (afterwards General) William Washingwere once more collected together, below Leneau's ton, will prove what part Everheart bore on that ferry, where the heavy baggage lay. On the 29th glorious occasion. of May, Tarleton tarnished his laurels at the Waxhaws, in his attack on Buford, by an indiscrimi
“ CHARLESTON, Nov. 3, 1803. nate massacre of one hundred and thirteen Ameri- "Dear GENERAL, cans; the wounding of one hundred and fifty in a “In reply to your letter of the 23d ultimo, and barbarous and inhuman manner, after quarter had to the letter which you enclosed for my perusal, I been demanded: fifty-three were taken prisoners. do hereby (not only from recollection, but from a “In the annals of Indian war, nothing is to be journal now in my possession, which I kept at the found more shocking; and this bloody day only time,) certify, that about the dawn of day on the wanted the war dance and the roasting fire, to 17th of January, 1781, you selected Sergeant have placed it first in the records of torture and of Everheart from your regiment, and thirteen men, death in the west.” After encountering many whom you sent to reconnoitre Lieut. Col. Tarleton's perils and hardships, parrying the onsets of foreign army. The advanced guard of his army were and intestine enemies ; harrassed with all the ac- mounted, as we understood and believed, on some cidents and trials of warfare, in a country infested of the fleetest race horses, which he baul impressed with traitors, whose business it was, not only to from their owners, in this country, and which aid the British, but to burn, devastate, and over-enabled them to take Sergeant Everheart and one whelm in ruin the property of their neighbors, and of the men ; but the other twelve men returned and deliver it up almost to indiscriminate ruin; Ever- gave you information of the approach of the eneheart, with his regiment, arrived at Halifax on my. Immediately after the battle of the Cowthe first of June, where they remained until pens commenced, you well recollect that your September, recruiting their exhausted ranks with first charge was made on the enemy's cavalry, men and horses from the north. Being now in (who were cutting down our militia,) and whom, fine order, they set out again for the scene of war after a smart action, you instantly defeated, leaving in South Carolina. At Rudgeley's mill, the in the course of ten minutes eighteen of their brave lieutenant colonel putting a painted pine log on a 17th dragoons dead on the spot, and whom, you' cart, induced Rudgeley to believe it a piece of will recollect, were deserted by Col. Tarleton's leartillery, and being summoned by a corporal with gionary cavalry. The former wore an uniform of a flag, or on failure, he would be blown to atoms, red and buff, with sheep skin on their caps; the that officer, with more than one hundred prison- latter wore an uniform of green with black facings
. ers, capitulated without firing a gun. Washing- In pursuit of their cavalry, you overtook their ton, with his cavalry, being now placed under artillery, whom you immediately made prisoners;
but the drivers of the horses who were galloping off "I believe the circumstances detailed in the with two ihree-pounders, you could not make sur- certificate of James Simons, relative to Lawrence render, until after repeated commands from you, Everheart, are strictly just; and can with truth you were obliged to order to be shot. After secu- arer, that Sergeant Everheart was a brave and ring these field pieces, your third charge was meritorious soldier during our revolutionary made upon the right wing of their army, compos- struggle. ed of legionary infantry, intermixed with the bat
W. WASHINGTON. talion of the brave 71st, under the command of Sandy Hill, Nov. 13, 1803.” Major McArthur; and who, under the operation of an universal panic, having been successfully
The following letter in the hand-writing of his charged on the left of their army, by our friend colonel, constitutes part of the documents on which Colonel Howard, instantly surrendered. Imme- a pension was recently obtained, under the act of diately after securing the prisoners, your fourth Congress of June 7, 1832. charge was in pursuit of their cavalry, who finding
“Sandy Hill, Nov. 11, 1803. they could no longer keep Everheart a prisoner,
"Dear Sir: I should have answered your shot bim with a pistol on the head, orer one of his
favor of August 4th long since, but the certificate eyes, (I cannot remember which.) Being then intermixed with the enemy, Everheart pointed
of James Simons could not be obtained till a few out to me the man who shot him, and on whom a all the circumstances relative to the services and
days ago. Such a length of time has elapsed, that just retaliation was exercised, and who, by my discharge of Lawrence Everheart, are not so fully orders was instantly shot, and his horse, as well as within my recollection as to justify my making an I recollect, given to Everheart, whom I ordered in the rear to the surgeons. It was at this period
affidavit of the same; but doubtless, the certifiof the action, that we sustained the greatest loss of
cate and affidavit of James Simons, who was a men, Lieutenant Bell having previously taken off lieutenant and adjutant in our regiment, fully with bim, in pursuit of the enemy on our left
, It gives me much pleasure that you and my old
meets all the requisitions of the law of Congress. nearly a fourth part of your regiment. The enemy were obliged to retreat, and were pursuel sions of that brave and meritorious soldier, Law
friend Howard are about to advocate the pretenby you twenty-two miles, taking several prisoners and wounded. To the best of my recollection, lieve that Congress will reject the just claims of an
rence Everheart; and I cannot be induced to beSergeant Everbeart was so disabled from his
old soldier, who was instrumental in accomplishing wounds, that he received a discharge from you, and he retired froin the army. That
that independent situation which they now enjoy ; Sergeant Everheart was a brave soldier, there is
and who, in consequence of his bravery, was un
fortunately deprived of the means of supporting no better proof than your selecting him at such
bimself comfortably in old age. important moment for such important service; that Everheart would have been promoted to the
I am, dear sir, with much respect and esteem, rank of an officer, had he been able to remain
Your very obedient, humble servant,
W. WASHINGTON. with our regiment, your practice in several simi
Enclosed herewith, you will receive the certifilar instances, leaves no room to doubt, as the meritorious was certain of promotion from you. To cate and affidavit of James Simons." recompense, therefore, in the evening of his days,
In order fully to understand these documents, it for past services, an old, gallant, and meritorious will be necessary here to recapitulate some of the wounded soldier, will, I am persuaded, be a great events in which Everheart participated. It was satisfaction to all with whom the decision of this not until after a severe and bloody contest between question can rest.
the advance of Tarleton and his party, that he was I am, dear General,
captured. On his left hand are now to be seen the Your old brother officer, and sincere friend,
wounds received on that morning from the sabres JAMES SIMONS.
of the enemy. Even with this disadvantage, he Brig. Gen. WASHINGTON.”
would have escaped, but his favorite charger, to Personally appeared before me, Major James Si- his great sorrow, fell dead under him, by a shot mons, who being duly sworn, doth declare, that from the enemy. At this moment, our army was the circumstances stated in the aforegoing letter, about three miles in the rear. He was taken by are, to the best of his recollection, true.
quartermaster Wade, with whom he had accidentJAMES SIMONS.
ally formed a slight acquaintance at Monk's corSworn to before me, at Charleston, November ner, (and who was slain on that very day,) to Col. 8, 1803. ABM. CROUCH, Notary Public.
Tarleton. That officer dismounting, the following
conversation occurred: “Do you expect Mr. On the back of the above document is the Washington and Mr. Murgan will fight me tofollowing:
day?” “ Yes, if they can keep together tiro