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 from Louis XVIII, was a monstrous iniquity; without the revolution of July, he would, however, have very probably lost his suit, as the heirs of Count Fermon, placed in absolutely identical circumstances, had lost theirs against the same individuals. The judges of the restoration allowed the unconstitutionality of the imperial decrees to be pleaded before them; but they bowed before a royal ordinance, whether defective or not in form, or consistent with, or contrary to the law, with all the respect that is shown in Turkey to a firman of the sultan. M. Real, instructed by the failure of the heirs of M. de Fermon, had carried his suit before the Council of State. It was there at the period of M. de Polignac's elevation to the Ministry. M. Real thought that he might solicit the support of one who did not hesitate to say that he was under obligations to him. M. Real had gone to the Court of Peers the very day that this letter was read by M. de Martignac. He had found a place in the tribune of the journalists. I was seated near him. M. de Polignac directed his opera glass to the different tribunes with the most perfect indifference. He at last recognized M. Real; and after having indicated his position to his fellow prisoner, saluted him in the kindest and most affable manner. "It was in that same manner," said M. Real to me, "that he saluted me the day that I visited him at the office of the Minister of Foreign Affairs." M. DE MONBEL. M. de Monbel-I will not say the Baron de Monbel, because M. de Monbel is no more a Baron than M. d'Arlincourt is a Viscount. M. de Monbel's real name is Baron; he added the de Monbel to his patronimique because having been born in a village of the name of Monbel. M. d'Arlincourt's name is Victor d'Arlin The vehemence with which the journals expressed themselves, on the occasion of the formation of the Polignac Ministry, cannot be forgotten. M. Real was still 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 Affairs. Being immediately admitted to an audience with the Minister, he was surprised at the perfect serenity of M. de Polignac, and the tranquil and calm tone in which he expressed himself. After a few words had been exchanged on the business which brought M. Real to the office, they began to speak of public affairs. "Well, Count, what do you think of the situation in which we find ourselves?" sion, and because of the V which preceded his name, Louis XVIII called him a Viscount, and he has suffered himself to pass under that name ever since. The article in the penal code, which punished the usurpation of titles, having been abolished, one has nothing more to say to the Baron de Monbel than to the Viscount d'Arlincourt. M. Baron, of Monbel, (department de la Haute-Garonne,) 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 individual 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?" "It is exactly because I am a man of experience, that I have hesitated whether to address your excel. lency compliments of congratulation or condolence." "Things are not so desperate, M. Real, as you appear to think; all will be calm." "I wish it may be so; but, in the meantime, your excellency does not seem to be upon a bed of roses." "It is true; but you know that I have been worse off; when I was in your custody, for example, I managed to extricate myself; and I will again extricate myself with the aid of Providence." "But should Providence, accidentally, refuse to meddle with your affairs." "Oh! Providence is with us-he will not abandon us." devotion of his whole family, and in consideration of his limited means, the place of councillor of prefecture at Toulouse. It was about this time, (he was then forty years of age,) that, having married a rich woman, he caused himself to be nominated a deputy. He appear ed in the Chamber, for the first time, in 1827, during the ministry of M. de Martignac. For his debut he supported, in conformity with the interest of the Villèle ministry, the accusation brought forward by M. Labbey de Pompières against the ministry of M. de Martignac. Already he had himself called M. le Baron de Monbel. Under this assumed title and false name, he became a minister, and was tried and condemned. 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 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 by a much juster title than the cannon is that of kings. Orders were given to all the attorneys general and king's attorneys, to prosecute with the greatest rigor every journal that registered the acts of association for the refusal of taxes, and invited their readers to subscribe to them. claration addressed to Louis XVI, when king, by his brother the Count d'Artois, (afterwards Charles X,) by the Prince of Condé, the Duke of Bourbon, and the Duke d'Enghien. These princes announced to the king by this declaration, respectfully, but formally, their determination to refuse the payment of all taxes, in the event of the constituent assembly's attempting any in But one prince of the royal family had refused to sign this paper; this person was Monsieur, Count of Provence, afterwards Louis XVIII. No one had even dreamt of asking the signatures of the princes of the Orleans branch. Among the newspapers thus prosecuted, was a pro-fringement of the rights and prerogatives of the nobility. vincial journal, La Sentinelle des Deux-Sèvres. This journal, which was conducted with courage and talent, had published a letter on the subject of the refusal of taxes, by M. Mauquin, who had been simultaneously nominated as deputy by the department des Deux-Sèvres, and by that of la Côte d'Or. This journal was prosecuted for the publication of the letter. M. Mauquin hastened to offer the support of his fine talents to a journal which was involved in difficulties on his account; and notwithstanding the excessive cold of the winter of 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 effect on the tribunal, produced by reading this piece, was magical. The king's attorney was put down, and the journal, after some forms had been gone through, was acquitted, amidst the applauses of the whole au dience. SKETCH OF THE LIFE OF LAWRENCE EVERHEART. BY A CITIZEN OF FREDERICK COUNTY, MARYLAND. The threat to refuse the payment of taxes in the event of a violation of the charter, said the prosecutor, was a gratuitous outrage to the government, which the most odious hostility could alone believe capable of for getting its oaths and betraying its duties. The right of the citizens to refuse, in any state of things, the pay-lution have been either eulogized by the orator, or ment of taxes, and thus to deprive the government of all means of action, and to deliver the country up to anarchy, was questioned. The answer of the counsel for the defence was simple. Whether with justice or not, said they, we distrust you: if we are deceived, if you respect the charter, our association will fall of itself, and the taxes, freely voted by a legally constituted Chamber, will be paid as they have heretofore been. M. Mauquin had to defend before the tribunal of Niort, an offence which had already been tried before nearly every tribunal of France. He had to prove that the constitutional government, which was already but a fiction, would become a mere chimera, if the Chambers were not permitted to refuse the subsidies which they are called upon to vote, and if, without a regular vote of the regularly constituted Chambers, the citizens could be forced to pay a tax, which, according to the true spirit of the law, should be freely agreed. Opposed to so lucid and powerful a speaker as M. Mauquin, the duty of the public prosecutor became one of no little difficulty. He could only effect a partial escape from the embarrassment of his situation-shut in between simple propositions-by vague declamation against revolutionary factions, evil passions, the fury of parties, &c. &c. From amplication to amplication, the king's attorney for Niort had at length come to sustain the proposition, that the refusal of taxes, supposing it to be in any case a right, was not of so exorbitant a character, that it would be a crime even to dream of exercising it: he added, that at no period, not even during the worst of our political storms, had the payment of taxes ever been questioned. At this point M. Mauquin wished him to arrive. This was the proposition which he expected to hear him sustain. Rising immediately in reply, he drew a paper The deeds of the illustrious patriots of our revo recorded by the faithful historian. Their virtues, talents, and achievements have been admired and remembered by a grateful country. No bosom can be found so cold, as not to glow with holy enthusiasm, while the eventful measures, the chequered and thrilling scenes, which marked the high and lofty career of the father of his country, are recorded. The dauntless courage and tried skill of Greene, Wayne, Howard, Putnam, Williams, and Starke, have constituted the subject of interesting biography, and contributed largely to form the military character of America. It is my notice of his countrymen, Sergeant LAWRENCE design in the following sketch, to introduce to the EVERHEART, of the regiment of cavalry under command of Lieut. Colonel William Washington, the Cœur de Leon of his day, who was emphatically "without fear, and without reproach." EVERHEART was born of German parents, in Middletown valley, Frederick county, Maryland, May 6, 1755; and enrolled himself as a common soldier at Taney Town, in a militia company commanded by Capt. Jacob Goode, on the 1st of August, 1776. He was then in the twenty-second year of his age, tall of stature, and of powerful, brawny limbs, capable of enduring fatigue and hardship; of noble, manly countenance, and an eye beaming with the lustre of genuine courage; with a heart beating high and strong to redress the wrongs of his country. He left behind the lovely beauties of his native residence, the endearments of home, and all the relations of social life; preferring 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 he when the tide of war was turned in our favor. beheld 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 haughty foe! The capitulation was obtained at the point of the bayonet. While it was progressing, the General sent a billet to the colonel, requesting him to hold out until evening, when he would endeavor 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 patriots; in a level country, without a single intrenching tool, exposed to inclement weather, without tents, provisions, or forage; in the midst of a people, in no wise zealous in the cause of memorable night. The sun of prosperity once more lighted up the countenance of the successful chief; drops of grief gave place to smiles of joy. Remaining with the army until the spring of 77, Everheart returned to his birth-place; but his ar mas of that year, when Col. Washington returned from the north, where he had been on service. In April, 1780, the regiment arrived at Charleston, Carolina; and soon after, near Stony Church, seven miles from Dorchester, the regiments of a accustomed active service, and was essentially useful in the important trust confided to Morgan. Greene succeeding Gates, after the ill-fated catastrophe at Camden, Morgan was detached with the corps to which Everheart belonged, to hang on the enemy's flank, and to threaten Ninety-Six. After various vicissitudes incident to the life of soldier, Morgan halted near the Pacolet river, on the 1st of January, 1781. Washington set out for Hammond's store, so notorious for being the rendezvous of tories, (leaving the sergeant in charge of the baggage,) whence he returned in two days, after killing several, and taking fifty or sixty prisoners. From this period until the 17th of the month, the Americans were continually engaged in reconnoitering the British. That was indeed a day, full of glory to our country. On the heights of Cowpens, the unyielding valor of men determined to be free, shone with unrivalled lustre. With his characteristic ardor, Tarleton pressed hard on his adversary through the night of the 16th, and passed over the ground on which the American general had been encamped, a few hours after the latter had left it. The following letter of Lieutenant Simons to Colonel (afterwards General) William Washington, will prove what part Everheart bore on that glorious occasion. light dragoons of Pulaski, Bland, and Baylor, led Morgan, by direction of Gates, he resumed his by the lieutenant-colonel, attacked for the first time, the celebrated Tarleton. He retreated with loss. The Americans retiring to Monk's corner, were soon after attacked before day, by that enterprising British officer, who had concealed himself for sometime in a swamp. Major Vannier, of Pulaski's corps, was killed, and about fifty of our men were taken. Collecting our scattered forces, our troops pressed on to Murray's ferry, subsisting for several days on parched corn and a little bacon. Crossing the Pedee on the 3d of May, every effort was made by forced marches to overtake Tarleton, but in vain, in consequence of the numerous tories infesting that neighborhood, who proved constant and liege subjects, and friends to the devastating foe. On the 6th of May, they captured one company of British dragoons, consisting of forty persons, and retired back again to the ferry; Buford then lying on the northern side of the river. In vain did the colonel insist on crossing the Pedee, but was overruled by White, who had recently arrived to assume the command of Bland's regiment; Tarleton at once took advantage of this impolitic movement, and not only recaptured the prisoners recently taken, but also forty Americans. Two days afterwards, the scattered regiments were once more collected together, below Leneau's ferry, where the heavy baggage lay. On the 29th of May, Tarleton tarnished his laurels at the Waxhaws, in his attack on Buford, by an indiscriminate massacre of one hundred and thirteen Americans; 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 had 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; "CHARLESTON, Nov. 3, 1803. "Dear General, but the drivers of the horses who were galloping off | with two three-pounders, you could not make surrender, until after repeated commands from you, you were obliged to order to be shot. ring these field pieces, your third made upon the right wing of their army, composed of legionary infantry, intermixed with the battalion of the brave 71st, under the command of 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. "I believe the circumstances detailed in the certificate of James Simons, relative to Lawrence Everheart, are strictly just; and can with truth After secu- aver, that Sergeant Everheart was a brave and charge was meritorious soldier during our revolutionary struggle. W. WASHINGTON. SANDY HILL, Nov. 13, 1803." charge was in pursuit of their cavalry, who finding they could no longer keep Everheart a prisoner, shot him with a pistol on the head, over one of his eyes, (I cannot remember which.) Being then "SANDY HILL, Nov. 11, 1803. "DEAR SIR-I should have answered your favor of August 4th long since, but the certificate of James Simons could not be obtained till a few intermixed with the enemy, Everheart pointed days ago. Such a length of time has elapsed, that out to me the man who shot him, and on whom a just retaliation was exercised, and who, by my orders was instantly shot, and his horse, as well as I recollect, given to Everheart, whom I ordered in the rear to the surgeons. It was at this period of the action, that we sustained the greatest loss of men, Lieutenant Bell having previously taken off with him, in pursuit of the enemy on our left, nearly a fourth part of your regiment. The enemy were obliged to retreat, and were pursued by you twenty-two miles, taking several prisoners and wounded. To the best of my recollection, Sergeant Everheart was so disabled from his wounds, that he received a discharge from you, and he retired from the army. That Sergeant Everheart was a brave soldier, there is no better proof than your selecting him at such an important moment for such important service; that Everheart would have been promoted to the rank of an officer, had he been able to remain with our regiment, your practice in several similar instances, leaves no room to doubt, as the meritorious was certain of promotion from you. To recompense, therefore, in the evening of his days, for past services, an old, gallant, and meritorious wounded soldier, will, I am persuaded, be a great satisfaction to all with whom the decision of this question can rest. I am, dear General, Brig. Gen. WASHINGTON." Personally appeared before me, Major James Simons, who being duly sworn, doth declare, that the circumstances stated in the aforegoing letter, are, to the best of his recollection, true. JAMES SIMONS. Sworn to before me, at Charleston, November 8, 1803. ABM. CROUCH, Notary Public. On the back of the above document is the following: all the circumstances relative to the services and discharge of Lawrence Everheart, are not so fully within my recollection as to justify my making an cate and affidavit of James Simons, who was a affidavit of the same; but doubtless, the certifilieutenant and adjutant in our regiment, fully It gives me much pleasure that you and my old meets all the requisitions of the law of Congress. friend Howard are about to advocate the preten- lieve that Congress will reject the just claims of an I am, dear sir, with much respect and esteem, In order fully to understand these documents, it will be necessary here to recapitulate some of the events in which Everheart participated. It was not until after a severe and bloody contest between the advance of Tarleton and his party, that he was captured. On his left hand are now to be seen the wounds received on that morning from the sabres of the enemy. Even with this disadvantage, he would have escaped, but his favorite charger, to his great sorrow, fell dead under him, by a shot from the enemy. At this moment, our army was about three miles in the rear. He was taken by quartermaster Wade, with whom he had accident- |