CARRICK CARRIER. 



67 



Aug. 11, 1817, near Mendoza, and thrown into pri- 

 son. Upon learning this, general San Martin de- 

 spatched his secretary, Monteagudo, to bring them 

 to trial, and, if possible, invent some plausible cause 

 for their execution, so as to prevent their return to 

 Chili. Accordingly, a false accusation of having 

 murdered some obscure person in 1814 was brought 

 against don Juan Jose ; but, as this did not inculpate 

 don Luis, a plot was contrived with the soldiers, and 

 the brothers were induced to attempt their escape ; 

 after which the proceedings were resumed, and they 

 were condemned, on the 8th of March, 1818, to be 

 shot on the same day. They heard their sentence at 

 three o'clock in the afternoon, and were slaughtered 

 at six. They walked arm in arm to the place of ex- 

 ecution, gave the word to the soldiers to fire, and 

 embraced each other in death. So causeless were 

 these legal murders, that public opinion charges them 

 upon San Martin, who, finding the friends of the 

 Carreras numerous in Chili, employed his creature 

 Monteagudo to procure their death. With brutal 

 cruelty San Martin sent their aged father an account 

 of the expenses of their execution, with an order for 

 its immediate payment. He paid the bloody charge, 

 and, two days afterwards, expired of a broken heart. 

 Don Jose Miguel resolved to avenge their death. 

 He raised a small body of troops, natives and foreign- 

 ers, and marched across the pampas, having found 

 means to correspond with his friends in Santiago. 

 His progress was viewed with great uneasiness by 

 O'Higgins, then supreme director of Chili ; for the 

 people cherished the fondest recollections of the 

 Carreras, whose wisdom in government, and personal 

 condescension, affability, and munificence, had won 

 all hearts. A conspiracy hi favour of Carrera, un- 

 fortunately, was detected by O'Higgins, and sup- 

 pressed. Don Jose Miguel arrived near Mendoza in 

 January, 1822, and was there unexpectedly met by a 

 superior force, and surrounded and taken prisoner, 

 after a brave resistance. Being conducted to Men- 

 doza, he was hurried through a brief form of trial, 

 and executed on the very spot where his brothers suf- 

 fered. Thus, by a singularly adverse fortune, per- 

 ished a family of brothers, who left not their equals 

 in patriotism, talents, and purity of character hi 

 Chili. Their friend and adviser, Rodriguez, also 

 perished, a victim of the same enemies. In testimony 

 of their respect for the memory of the Carreras, the 

 government of Chili have recently ordered the re- 

 moval of their remains from Mendoza to their native 

 country. Stevenson's South America, vol. iii. ; North 

 American Review, vol. xxiv., p. 313; Miller's Mem., 

 i. p. 383. 



CARRICK;. the southern district of the shire of 

 Ayr, the surface of which is mountainous ; but in the 

 valleys, and along the shores of the Atlantic, the 

 ground is level, with a fine clay or loamy soil. Its 

 chief rivers are the Girvan, the Stincher, and the 

 Doon. It contains nine parishes. Carrick became 

 the property of Robert Bruce, by his marriage with 

 the heiress of the Duncans, earls of Carrick : and the 

 title is still royal, being assigned to the eldest sons 

 of the kings of Great Britain. 



CARRICKFERGUS ; the assize town of Antrim, 

 situated ten miles from Belfast. The bay of Carrick- 

 1r rgus is a safe station for shipping, being tolerably 

 protected from the hind breeze, which is the most 

 dangerous in this place. It is memorable in history 

 as the chosen landing port of Duke Schomberg, who 

 disembarked at Groom's-port, near Bangor, on the 

 13th of August, 1689, with 10,000 men ; but more 

 memorable still as the landing-place of King William 

 III., who disembarked at a place now called White 

 House, adjacent to the town of Carrickfergus, on the 

 I <ltli of J line, 1 690. This bay was the scene of some 



of the adventures of the celebrated Paul Jones ; and 

 the French made a descent here in 1760, under the 

 conduct of Thurot, and, for a short time, laid the 

 town under contributions. The castle stands upon a 

 rock projecting into the bay, and is in perfect pre- 

 servation. 



CARRIER. Common carriers are persons whose 

 employment is carrying goods for hire, at stated pe- 

 riods, between one place and another. Carriers 

 are one species of bailees. The material ques- 

 tion in the contract relates to the degree of care 

 which the carrier is obliged to exercise. By the 

 civil law he is required to use ordinary diligence, 

 that is, the care and diligence used by a man of com- 

 mon prudence in like cases. The French code fol- 

 lows the civil law very nearly, being, however a lit- 

 tle more strict, as it makes the carrier answerable for 

 the goods, except in cases of superior force, or ine- 

 vitable accident, or damage arising from the quality 

 of the articles. Down to the time of Henry VIII. 

 the English law seems not to have imposed on the 

 common carrier a greater responsibility than the 

 French code. But, since the tune of Elizabeth, he 

 has been held answerable for all losses and damage 

 not arising from the perishable nature of the article, 

 the act of God, as it is called, or of a public enemy. 

 Thus he is answerable for loss by robbers, for which 

 the French code would excuse him. The reason of 

 this strictness, given by chief-justice Holt in the case 

 of Coggs vs. Bernard (Raymond's Reports, vol. ii. p. 

 909), is to provide " for the safety of all persons, the 

 necessity of whose affairs obliges them to resort to 

 those sorts of persons, that they may be safe in their 

 ways of dealing ; for else these carriers might have 

 an opportunity of undoing all persons that have any 

 dealings with them, by combining with thieves, ami 

 yet doing it in such a clandestine manner as would 

 not be possible to be discovered." In regard to the 

 continuance of the responsibility, in a case of the 

 carriage of hops from Stourport to Manchester, and 

 thence to Stockport, they were carried to Manches- 

 ter by one set of carriers on the canal, where they 

 were stored in their storehouse, until they should be 

 taken by another set of carriers, to be forwarded tt 

 Stockport, and, being so stored, were burnt. The 

 goods were considered as being in the defendants' 

 hands, not in their character of carriers, but in that 

 of warehouse-men ; and so they were held not to be 

 liable. Lord Kenyon said," " The case of a carrier 

 stands by itself on peculiar grounds ; he is held re- 

 sponsible as an insurer ; but I do not see how we can 

 couple the character of a carrier with that of a ware- 

 house-man." In another case against the same com- 

 pany by Hyde (reported in Term Reports, vol. v., p. 

 389), the goods were brought to Manchester, to wliich 

 place they liad been brought and stored in the duke, 

 of Bridgewater's storehouse, where they were con- 

 sumed by fire. The company had charged for ca rt- 

 age from this storehouse to the consignees' store. 

 The goods were, from this circumstance, considered 

 to be in the hands of the defendants, as common car- 

 riers; and they were held liable for their value, 

 These cases consider loss by fire as not among the 

 inevitable accidents denominated acts of God. The 

 distinction was made upon this point in another case 

 (reported in the Term Reports, vol. i., p. 27), of 

 some bags of hops, which were in the course of trans- 

 portation from London to Shaftesbury, deposited in a 

 booth at Andover, and destroyed by a fire, which, at 

 first, caught in a neighbouring booth, at a hundred 

 yards' distance. Ft was said, in this case, if the fire 

 had been occasioned by lightning, the carriers would 

 not have been answerable ; but as it was occasioned by 

 the agency or carelessness of man, they were answer, 

 able. Tliis risk if fire does not seem to lw one which 



