During the first six years of the existence of St. Paul's Church in Pawtucket, the period which the writer was Rector, his contributions therefor must have been in the range of one thousand dollars annually.

Among the acts of Samuel Slater deserving commendation, and not inferior to any other in importance, was the establishment of a Sunday School for the persons in his employment. This was according to the example of his old master, Mr. Strutt. For no sooner did he find that his business brought together children and youth destitute of all means of instruction, than he opened in his own house a school on Sundays, sometimes teaching the scholars himself, but usually hiring a person to do it. There are, it is believed, persons now living in Pawtucket who attended this school, and were indebted to it for nearly all the education they received. Mr. Slater always supposed that he thus established the first Sunday School in New England. It was a noble and praiseworthy example! It could scarcely fail that Providence would smile on the exertions of one who thus devised means to improve the moral and intellectual condition of such an interesting portion of the community.

The late Rev. William Collier, in early life pastor of a Baptist church in Charlestown, Mass., and all the latter part of it engaged as a city missionary of Boston, received money to pay for his own education from Mr. Slater, as a consideration for teaching in his Sunday School. At that time, the spring of 1796, Mr. Collier was a student of Brown University, the Rev. Dr. Maxcy being president. The latter received an application from Mr. Slater to send him one of the students for the purpose named, and he would allow him a suitable compensation. The president knowing Mr. Collier was poor, and unable to pay his college bills, recommended him for the station. Mr. Collier at first hesitated, from conscientious scruples, fearing that such services might be incompatible with duties appropriate for that day. However, Dr. Maxcy ultimately prevailed on him to do it. And so little was this kind of Christian charity then understood, that one young man of that college was deterred from accepting a similar overture by his father, a clergyman in Connecticut.

It has been affirmed, on the authority of his own declaration, that Mr. Slater labored on an average not less than sixteen hours a day for twenty years after coming to this country. It might therefore be presumed he would have had but little opportunity or disposition to reflect on matters not connected with his business; yet it is a fact, that on many other topics his views were well digested and philosophical. For instance, on the condition of the poor. His sympathy for the distressed, and his kindness and good will for all, were ever warm, active, practical, and efficient, based upon steadfast principles, and aiming at the greatest attainable measure of good. In the relief of immediate and pressing want, he was prompt and liberal; but in measures which he adopted for its prevention in future, he evinced paternal feeling and judicious forecast. His motto was, "Employment and liberal pay to the able bodied promoted regularity and cheerfulness in the house, and drove the wolf from its door.' "Direct charity," he would say, "places its recipient under a sense of obligation which trenches upon that independent spirit that all should maintain. It breaks his pride, and he soon learns to beg and eat the bread of idleness without a blush. But employ and pay him, and he receives and enjoys with honest pride that which he knows he has earned, and could have received for the same amount of labor from any other employer."

There was a peculiar quaintness in Mr. Slater's manner of expression on common subjects that gave great force to the sentiment expressed. Without a knowledge of this, many of his remarks that have been repeated by those who knew him personally, to others appear feeble, if not insipid. But when uttering them, there was a curl of the lip, and an expression of the eye, that made an extraordinary impression on the mind of those who witnessed them. We give an anecdote illustrative of this, during a visit to him of President Jackson, when making his northern tour. After the President and his suite had been conducted through the village of Pawtucket, and were expressing themselves as delighted with its appearance, its numerous and well regulated establishments of business, its ample and commodious churches, and especially its intelligent and well ordered citizens, they repaired to the house of Mr. Slater, then confined by a rheumatic disorder, to pay their respects to a man who had thus benefitted our common country.

With the affability and complaisance so peculiar to General Jackson, he addressed Mr. Slater as the father of American manufactures; as the man who had erected the first valuable machinery, and who spun yarn to make the first cotton cloth in America; and who had, by his superintendence and direction, as well as by intense labor, erected the first cotton mill in Rhode Island, which was the first in the land of the Pilgrims. General Jackson, who had been informed of these particulars, entered into familiar conversation on the subject. "I understand," said the President, "you taught us how to spin, so as to rival Great Britain in her man. ufactures; you set all these thousands of spindles at work, which I have been delighted in viewing, and which have made so many happy by a lucrative employment." "Yes, sir," said Mr. Slater, "I suppose that I gave out the Psalm, and they have been singing to the tune ever since." "We are glad to hear also that you have realized something for yourself and family," said the Vice-President. "So am I glad to know it," said Mr. Slater, "for I should not like to be a pauper in this country, where they are put up at auction to the lowest bidder."

It is well known that Mr. Slater was constitutionally frugal and prudent in his expenses. The times, too, in his early life were favorable to such a habit. Now-a-days, many young men with five times the income he had the first ten years of his residence in America, instead of laying up money, as he did, so as to extend his business, spend it all as received, in conformity to the fashionable extravagances of the age. Thus he became frugal from habit, as well as from principle, so that, when he became rich, it seemed to require an effort on his part to change his style of living. We distinctly recollect a conversation on this subject, between him and a few of his intimate friends, when he was a little more than fifty years of age, and estimated to be worth half a million of dollars. It was in the front room of the Manufacturers' Bank, where they were accustomed to meet and discuss all sorts of things of interest. At that time he lived in an old wooden house which might have cost two or three thousand dollars— decent and comfortable, it is true, and much like the better sort of houses in the village, excepting, perhaps, half a dozen. He also owned a good horse and chaise, the common pleasure vehicle in that part of New England; but he usually rode in an open one-horse wagon. His friends told him it was not right for a man of his property to live in that style; that he ought to build a better house and keep a coach.

Mr. Slater replied much in the following manner:-"Gentlemen, I admit that I am able to have a large and costly house, rich furniture, and servants to take care of it; that I am able to have a coach, with a driver and footman to attend me. And it is not that I am miserly, that I do not have them. But it is a duty in me to set an example of prudence to others, and especially to my children. The world is too much inclined to extravagance. If the style you recommend is to be considered an evidence of wealth, and I were on that account to adopt it, others not able might follow my example, in order to be thought rich. In the end, it might prove their ruin, while prudent and honest people would have to suffer for it. And you know I have six boys. If they live, and have families, each will want to live in as much style as their father. Now if I am able to live as you recommend, my property, when divided in six parts, might not be sufficient to support six such establishments; besides, business may not continue as good as it is at present. I wish to set a good example for my children. If they do not follow it, the fault is not mine." Mr. Slater did not himself materially vary his family arrange. ments in the above particular; but a few years afterwards he married, for a second wife, a lady of talents and a decent fortune, who very properly did it for him.

Although Mr. Slater was much blessed, and prospered in his business, yet he had, especially in the latter half of his life, severe trials. Soon after coming to this country, he married a daughter of Oziel Wilkinson. The family was in the Quaker connection, and was distinguished for unusual talents. Mrs. Wilkinson was as much distinguished for moral excellence, and her daughters seemed to inherit no small measure of her good qualities. Hence, Mr. Slater was fortunate in his domestic relations. His wife had, we believe, ten children; but, in the latter part of 1812, she died of consumption, four of the children having preceded her to the grave. And one after another of those which then survived have passed away, leaving at present but a single individual of the number to sustain the reputation of their father. This is Horatio Nelson Slater, whom we have seen but once for nearly thirty years. He was a remarkably fine boy; and has, we understand, redeemed the high expectations then raised concerning him.

We have space for a few additional remarks only, having already extended this article to a length not intended. His perceptions were quick, almost like magnetic action. He formed his own opinions; and such were his decision and energy that he was never inclined to relinquish them. This is apparent, from his steady and untiring perseverance in perfecting the plans he had formed. Obstacles rather increased than diminished his ardor. In the life of such an individual, an event of real magnitude is not appreciated, or even seen in all its grandeur and importance till subsequent to the time of its occurrence. The memory of common minds is gradually fading away, till completely lost. Common men die and are soon forgotten; whereas great minds appear more brilliant in the retrospect than when immediately before us. The living age is overcast with clouds of mist and dust, which prevent one from seeing clearly. Hence, the cotemporary aspect of things is often confused and indistinct. The historian's breath must pass over the scene to chase away what is light, and frivolous, and worthless; and then he may collect and reduce to an enduring form what is solid and precious. It be

longs, therefore, to a succeeding generation to place a full estimate on the mental character of Mr. Slater, and of the magnitude of his labors in this country. Nor is this all. A near view, in point of space as well as of time, will often give one less just conception of great men and their deeds, than a more distant view. The people of Pawtucket, constantly beholding Mr. Slater laboring night and day, sometimes, perhaps, like Franklin, with a bale of cotton on a wheel-barrow, little imagined the extent of mental resources, or the magnitude to successive generations, of the enterprise in which he was so completely absorbed. This could have been far better done by persons more remotely situated. For this there are analogies. For instance, the eye placed too near the canvass of the painter, is frequently bewildered with all the separate multitudinous touches of the pencil; but, when removed to an appropriate distance, these all melt into a harmonious living picture.

Mr. Slater died in 1835.

Art. III. THE LAW OF DEBTOR AND CREDITOR IN TENNESSEE.

NUMBER III.*

OF THE LIENS OF JUDGMENTS AND EXECUTIONS.

Judgments have a lien on the land of the debtor, and executions (the fieri facias) on the personal property. I am not aware that a fieri facias

* The present article, the third relating to the Law of Debtor and Creditor in Tennessee, closes the series, so far, at least, as that State is concerned. Our valued correspondent, HENRY G. SMITH, Esq., of the Memphis (Tennessee) Bar, the author of this article, will furnish us from time to time with any alterations that may be made in the Legislature of that State on the subject. We commenced the plan of furnishing our merchants and business men with the series of articles on the Law of Debtor and Creditor in the several States as long ago as 1840, which we have continued at intervals to the present time. These papers have generally been prepared by members of the legal profession, who were at the time practicing law in the States to which the articles refer. As matter of reference for those who have a complete set of the Merchants' Magazine, we will here enumerate the articles on the Law of Debtor and Creditor published in that Magazine, giving the names of the States, the year, volume, and page, so that the law of any State may be readily referred to. In 1840, volume ii., page 321, we published an article on the Law of Debtor and Creditor in Maine; Missouri in 1840, vol. ii., page 412, and 1841, vol. v., page 252; New Jersey in 1840, vol. ii., page 481, and in 1841, vol. iv., page 253; New Hampshire in 1840, vol. iii., page 63; Connecticut in 1840, vol. iii., page 132; Vermont in 1840, vol. iii., page 333; Pennsylvania in 1840, vol. iv., page 448; Massachusetts in 1841, vol. iv., page 549; Illinois in 1841, vol. v., page 446; Alabama in 1842, vol. vi., page 155, and in 1846, vol. xv., page 580, and in 1847, vol. xvii., page 57; Ohio in 1847, vol. xvii., page 469; Mississippi in 1847, vol. xvii., page 179; Wisconsin in 1842, vol. vi., page 256; Iowa in 1843, vol. vii., page 443; Louisiana in 1846, vol. xv., pages 70, 471, and 580; Michigan in 1847, vol. xvii., page 274; Tennessee in 1847, vol. xvii., page 377, and in 1848, vol. xix., page 386. It will be seen, by the references above, that we have given more than one article on the law of several of the States named, and at long intervals. This has been done in order to embrace the changes made in several of the States, or to furnish additional information touching the laws affecting debtor and creditor. Some thirty distinct governments legislate on the trade of the United States; which trade is so intimately connected with each State, that a merchant in New York, Philadelphia, Boston, &c., in a business not unusually extensive, may have property and rights affected by the law of every State. The fact, generally admitted, that professional men are only able to advise as to the law of the State in which they five, shows at once the importance of such a series of papers.-Ed. Merch. Mag.

execution has any lien on land until a levy made. Those liens affect legal estates only, except as will be hereafter stated. The lien of a judgment takes effect from the moment of its rendition, and expires in twelve months. A sale of land under execution upon the judgment after twelve months from the rendition, derives no benefit or support from the lien of the judgment. If such sale be made within the twelve months, the purchaser takes the land against any purchaser from the debtor who bought after the rendition of the judgment, and against any previous purchaser whose deed of conveyance or instrument of purchase was not registered before such rendition. As between an execution purchaser and a purchaser from the debtor, there are two questions to observe-first, whether the execution sale was made within twelve months of the rendition of the judgment; or, second, whether the levy of the execution was prior in time to the registration of the instrument under which the purchaser from the debtor claims. If the sale were within the twelve months, or upon a levy made before the registration, the execution purchaser prevails; otherwise, the purchaser directly from the debtor.

Generally, the lien of the common writ of execution (the fieri facias) embraces the period of time between the teste and the return day. The teste is the first day of the term of the court preceding the day of the issu ance of the execution, and the return day is the first day of the succeeding term. A sale of personal property made by the execution debtor within such period, is subject to the lien, and is liable to be defeated by the seizure of it (the property) under the execution. If not seized on or before the return day, the lien is gone, and the sale by the debtor is good to the purchaser. Each execution has its own lien, exclusive of, and without connection with, any other prior or subsequent execution on the same judgment. The lien is not continued by taking out another execution immediately. Observe, however, the operation of the Registry Law. Gifts or sales of slaves must be in writing registered. If the writing were not registered before the lien accrued, it is not any obstacle to the execution, and the slave may be taken by it from a purchaser from the debtor, though such purchase were made before the judgment was rendered. It was said, that generally the lien of execution has relation to its teste. The qualifi cation implied is, that the lien is not allowed to reach back behind the actual time of the rendition of the judgment. The common law fiction that the term of a court is all one day, is in this respect disregarded.

The lien of judgments depends upon their being rendered in the court of the county in which the debtor resides, or if rendered in another county, upon their being registered in the county of his residence. When rendered or registered in such county, the lien embraces all his lands within the State. If not rendered or registered in such county, there is no lien until levy of execution.

The lien of an execution embraces only the personal property of the debtor in the county in which the writ is running. Without doubt, the creditor may have several executions running in several counties at the same time, but a sufficient levy of one will satisfy all.

By judicial construction or legislation, in regard to the lien of unsatis fied judgments upon lands acquired by the debtor subsequent to the rendition of the judgments, the law is declared to be, that after acquired, lands stand subject to such lien for twelve months from the time of acquisition, in the same manner as lands owned at the time of the rendition. Decrees