Newspapers / Southern Citizen (Asheboro, N.C.) / June 24, 1837, edition 1 / Page 1
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v xnA - i . a v 1 1 ' BY BENJAMIN' SWAIN. Tt:nMS S2 in AuvANcnJ. . i;crv Saturday ; Morning. Kvo Dollars per annum iri advance; or Three Dollars, if not paid within hrco months from the date of the 1st ho. Anv subscriber may discontinue Within , f,rt 3 months of the publication No subscription to he discontinucdiUl aU arrearages bo paid uwess auicuis r ration of the Editor. . All letters, communications,' &c to como " " post paid. " r" "T "'"" Advertisements, inserted on the usual terms.- r s. , . : ; , ucual Department OI4r. Off TBI HW BICUkKT . , ASUBOROUGU, N. 0. . ;." - '. ; , EXECUTOR DE SON 'TORT Quettiotifya Subscriber, . : IIow far am I at libeny to intcrfero with' the .cstajo af a decciscj person without subjecting myself to the pay mcnt of Debts as an Executor di son tort i which I understand to men;-ari Executor of Mm own wrong? , Ficaso lay down sumo - general line of distinc tion, that may be intelligible to an ordi nary reader ANSWER. Various are the acts which constitute an executor of this description, such as his taking possession of and converting tiic assets to his own use ; paying the deceased's mortgcs, or ftjierdebts or legacies put of them;' suing for, receiv ing, or releasing th debts duo to jlhe es. tatc; seizing a sjiociliclcgacy; without tiic assent of the lawful executor ; enter ing twi n lease or term for years, 'espe cially, if ho cuter in right of the deceas ed, and docs acts on tlte land, which be long to the oflicd of an executor, as turn ing the cattle upon it; delivering to the widow more apparel than is suited, to. hca rank , answering in the character of an executor to any action brought against him, or pleading any other plea than nt uriqucs executor. (That A, it not an Executor ) And' all other acts of a similar nature, howevef sliglit may have the Mine consc(jiicnccf"as in one case, merely taking a bible, and in in- otlicr a bedstead, were held sufficient, in. asrauch ai they. arc tlic indicia ol the person sa iiilcrfering being the represen tative of the deceased, , So w here a creditor took an absolute b31Tsalo of th.1 $mmU of the dbtorVbut ajrt'Ctl to -!oa5jlen . in his possession Jot a limited. time, before tha expiration rf which tho debtor difcd, aivl the '.credit or tor k ami sold tlte good; ho wa held liable to the extent of their value as cxec- titcr dt son torff for tlio debts of tlic de- 'ccascd.;'4'; " s i But there are manv, acts which a trangcr may pcrfunn without incurring Bio br;rtl f l.'.r;: involved in suckaa excrut irship ; fa such as locking up ti e JShJs; directing tlid funeral, in a manner suitable to the estate winch is left, and defraying the cxpcriccs of such funeral nimscit, or out of the ileceasctl $ c.Tocts; making an Inventory Qriijsj'fClr'y: advancing money n pay his debts ; or Kigicieg; feeding lijs cattle ; rep:iirin iis;liyuRii rrovifirni licccssarius U' his children ; f jr the: oTarc offices mere y-ofkindnoKsnp! irh'arif v.. . s ' jNojr can tliri-e, generally sjxiaking.bc such an vxecutor. ubon thcro is a riarht lUl.execiit'tr fir itlwro. niliTtinistrution has boon d.ily crantcd: for, If af er pro- ''' il!P7adnjiniHtralion gran ted, a stranger tako ' possession of die 1'ropcrry, lie may bo sued as a trcass fVII.1T DO WE LIVE FOR, ASUBOROUGHr er by the exceutor.or administrator; but it is otherwise if, after taking such pos session, he claims to bo executor, pays or receives debts, or pays legacies, or otherwise Intermeddles" in tfiat charac tcr, fbr in all those cuses, ho becomes an executor ' of- his own wrong. 3 Bac. AbrJ 2Q-25.Scc also Martin on Ex ecutors; 15-18,. 7:4? Aj; V? yKbor6u$,June i9, 1837! FELLOW, CITIZENS OF THE COUNTY" OF KANDOLPH. You will permit mc to address you this Letter, "on account of the propriety r i.y' ... , . and submitting Circulars to the examin ation of Uio public, of w hom they arc asking patronage. I have t ought if it wero entirely to supersede , the practice of oral electioneering it would bp better; as it would fix those solicitors of public favor with the principles, and view th'ey might tlwrcin-decIaio---and. scal'tlieJr tpa from that duplicity and frcvarici- tiort with which thoyare sometime J char2cablc.': .1 mightf ncvcrthc!ev feel that on this occasion tlie apology for merwoiiM bo as . atnplo as tlic pleasure .would be complete, in going ,th Circuitof the County with vour Shorifil to renew "old acqua:tilanccf and form newons with the nunicrou3 youn. mn Wt have grown up, to tlw exercise of the elective franchise .within the tit oV ei-t ve;ir that I have passed in a rictilufai Vglu sion. But not knowing that I will lie a- bio to do this, it becomes the more nc cessary that I communicate with you ui this way. :,.yJ:-.;..J 7 s'upposo it is already known to many of you, through tlw medium of the uewn- rjr Ih.if 1 mVi nmnir !lir ni-mlrr thnf are asking at the hands tf the le,f.,i ;n nnv t mu.i in liriu naM (wlw alone can have riic legitiir tO COnlcr SUCH lavom C OitiCe Oi blK perior Court Clerk. 47i7h Tlio detcrniination to ask of m j;' fol low citizeni this trust, 4was taken, with out knowing who, or whether .'any oilier rson would put up similar pretensions. 1 therefore feci noUdiig- of the spirit of opposition towards any of the gentle men who have, or hereafter may become candidates fortlic same- office, more than what must-necessarily result from the relative attitude of two or noro "jtjfsotis striving for the saind place, which one only can gain und oecnp Consckuw of no ninfuir designs-'to- ; . ., . .. . . war my lirotnef candKiates, ana sus- pcetngJvna Jowa WsmyseJC-Itrust that no other feelings than thosegrow. ing out 'of honofabi' rivalship will ho Fiifibn?l to itnbilter our spirits,, or lar- nWi our conduct 10 the eyes of the pub lic during tho'clectionecriug canvasi. The motives inducing me to come be- fore vou in this character arc soon ex pressed. In the first place, it must give tft4h4-vktinw mind Boiiations of hig!- est pleasure to have tho. management of nrnrnriOrtaiir, anvl not dishonorable pub lie owee, confidVtl to his care by the. suffrageof his follo'-vrrcitizcns. And there arc, moreover, certain emoluments attached to the office which are rarely found to be unacceptable to hnn who perfonns official-duties or holds an of fice. ::v 3 - '' ."'7" Willi regard to Uic duties and qualifi cations for this office," I tuay bcfiwrmlt- tod to say, that tlic former , arc so well defined, and mado so plain by law, that integrity, 7 romptness and industry will Amefaily ensure their correct perform ancc. t h true, however that in every commttfY.ty there lire citizens Who know bat httlgtClaLformalities, and aro at times obliged to tfanact business with thoir clerks, and aro therefore often sub- i . , 1 - , .. . BUT TO IMPROVE OURSELVES AND BE N. C - SATURDAY, JUNE jeeted to fancied, and sometimes to rcaj irnposUion when proper condescension, and a disposition to oblige oiTtlic part of the officer,' -would obviato all- the diffi culty,. L'V" , .-- T My letter is short, ccntlcmen. when compared witnllie length to which such documents aro often; spun put but-1 know not whctFier you will think it needs an apology on that account; I cannot well makct it" longer, without seizin on topics that would appear fo an intelli gent community, trifling or impertinent, or.aiocsi.suujcci inc writer to the charge , . ........ ----- . - ;- of laying hold on a remote occasion, to make" a vain parade of his parts and learning. ." 'r"n f I suppose irt scle'-.ting your Clerk, you will, as prudent citizens, enquireHas he tlic'necc'ssary mechanical fj-riScd-tiofts? j,;is he a fleet and accurate peas- man? Ilas.he sufficient knowledge of the routine or business in Courts of Re cord to enable hin to af;t prmntly? Is he diligent, industry and lionet? "Has ho "tlioya habits, "or qinlities tf pope' COnJesqcnsion which aw neccs'fy to enswajwady "ahl mparlilVe;rti'on lg all the citizen ; in his: ofHciai cairif y? : I fi'ive nr)v, genlkncn, l;irp my ' . . r' J'1) j ;a:t .t ; ide ! sou, amongst ;oi.'ors, ui ,'un scrutiny. 1 Uriievo yoa will-c.aniLiO:! inpariially,. a:l decide corrtict'y, If that divNiiui i!utuM be jii my f ivi.r. tJo obligation thus impostsl on'fna cn:i ciilv jbyrcq;ito.J by -tlw most fai;hiu!, tin-l unrc-.rriftcicxattions tsorve you in an acceptable iuar.ne..' -'v- ' I am.Vgcntlcjnon, your fKcnJ, -... - , . . an.l fellow cifczen, . ftV;v.V-rfMOSES SvVVIU 7 Tragical 8anc.y&'mVnHsed ' .. -.'. . - - h.mt tu n vrnrj sin. .. man vlh. name" of jidin ; WilitM., iiJarrii-d E- nzrd)ehievofthatco.iutv. Thev vhen some disliirouiice took place j fhkh caused thcirs.har tion! Six iontl..Va;Hhe hudiaud Hied i pe- ito.1 uVdivdrccetiine forth va- win months tituu for. divorce, setiiitff foi rious canoes -lci la rt u tint he wnsl young and inexpeiienced whe?! he married luT,"and was not acquainl- ! Willi Iipp iriip r oti-r. " tl?t her -.conduct' during Ihe time ll.ev ,v S rV; live .:toKiTie"r, was i nMtoef ' She answcrcJ,Jhat tfey wtrq rais-' 1 t, " :'! 1 1 1 1 if i in ine same iicigiiwni.oou, iri had '''known' aeliH'the r froni their infancyup;nliat he knew htr char acter slid cirf nmslancis in life per- IcClly will when he 'married . her, and had. taken her with!, his eyes o- pen to nil her. .fnnlues; she positive ly denied ever having been guilty of any 'misconduct, during the time arfil fnu-.irr! fii'. llii n.i i it... .... ..r.l .r fv,ir.; i.: tr.r Ai... r.. o.c;. uuminiu Mitt.. Xv1 '' u-k'-v,-; ted that When he Was annul taye her be made np cktges agsint her, Ttluru:u "''"w V,' TV 7 bntgave as his r,an Tor scpara- S "U w; brought before tionthat he'did not nor had he cv-ithe courtand altcrJ.c, Qg severely erl'ved her; that'his friends had.Htnanded, induced him to niarry her mtreW faf nipnsonment, for contempt for 'her nfopcrtjV hai the court, ,t :.; rr ni.i 4..,;(,v nr .Vi . Z." v Willi it oui.MI lit uiu iiu, tun. At the last court an issue was; made up nnci suhmite'd to a Jury. The pttiticn and mver Laing been read, evidence was then intro dnced 7vnich pr vtd decidedly in favor of the petitioner, tin the parti "I a tight daco on Monday of the plaiutiiT Hie ense was submit-;night.thc 8th instant, on board tjic steam ted without any argument, but the fv In hhenrod. About ton miles above . 'V p J , ? ,,,' Iort Adams, on her way up, she took counsel for the defendant resisted firo. tho tiiicr roic mrnt Vf0re the pi the -divorce by along? ami feeling iot could put her aslmre.' She. had on speech, in which" he alluded to the; board a' full Jrcight. and aW 300 pas solemnity of the raamase vpw thbscngcrsinll, cabin and deck. Ot the USEFUL TO ONE ANOTHER f 2, 1837. mutual ditties it Imposcil cn the par ties, and ihe vvant of sufTtqient cause in that case toMisolvc the bonds 6f During; this fnvestigaHort the par ties were both in Conrt, The hus band was apparently t youhg - trid simple, and in fict a mere boy, and lucre was nothing )n the least; pre pojC ssing in m i appearance. yThc wife seemed something older and altogether the su perior. J She-is a line icoKing woman, wiiu oarK naiiy black eyes and very 0 preisi ve fact; shlTtria riifes ie'd great i u te rest iti'lhc t"a!. :v...-,4:, .:;iv .. . - muiiieius, rrcuniwi a vemici ior iuc pblntilH I Thp their ieat behind the bar cr .'eijrh't feet tlistai. crJ.e wiu!. asked a gentltnian jby wlnini ;sl was" sit ling for- Kill jbife as if to rim'r finger nails, slic ftlt of the dge, rose to her feetrpans e d ax' moment, turned nalc, her eyes But fortinifttely a lady .who; was' standing by swdicr get the kiiife, and pweiyefi; fron; her ro'inttn- a'ict that she was inieditaitng some: of,; a d esnara t c , . c h rac ter, wiTtcujir iwrwiiii sue sawine Jjiow ni.ncd at thi;lhr0at of the nn'sus pectin hWand, she instantly seiz ed tin arm of the.itiluiiated wife "awl diverted tlic WMnon from the object at whit h it was aimed;? bnt tlte'rtnin'c'n (in her hellish, purpose, she threw the knife with great vi;-lehc-ait her husband' aud tu ruing, made, a mr.st furious, cttack en her I vl1n33 liand -had. arrested the blow aiVdthwarte! the. wicked design The court ordeied, her inlo'custo- dv: she was arrested and borne out j". of the court niakin the most? wild antt IVaniieklixxlam to her husband in the :nost tender ?"( Pf sionate languago, and. seem e(1 nU: Her ootid act was strange and tin- ccount,ible,3ut M ,who witnessed -Kwe agree that sho must hyve r ltand,blie1ad Iritf cn attentively to the investijation of the whold 'matter, beared the luveil him above. all ea that he was rtftoTtnarry again i (for that was said to be jii.n object) was more' than she cenld endure. 7 iier heirt -'was-devoted t hint. 'and 'seen cr than sec -htm pledged tdliuother shcwould .ce him: die, and that loo by' her own hand, in the pnsH eice of lle court and the multitude thU sUrrouuded her. Of the con sequencesto herself she: never tliought, nor for them cared; they coulu not. nave peca greater man ! death, and no doubt she felt at that ! nHrtteHc 1 vr-Qi n Mj( t i , i t. 1 -i V- nil1 !1'0 " ne. " fucau,f olie 'uonu anu ceunyr haviour for the next twelvemonths Extract of a Letter, from a geiv tletnatt in' Mtssissipjn to his friend in the city 6f 'Ihtshington. "Xachez. My 10, 1837. Parlies were still inUiirftfinh I xlU h wf&L ' llaSheil tire,' an a rIicsiui denly sprang forward with" tlvelravvn kniOj and ai med al her lnisl)Hnl a Ueadl v blow. pathetic speech cl her counsel, aud ; posed to it;, but a wch'-r.nown evil then the verdict of, the Jury pro; i at thejate politicalccitccnt r.-.r .' rioujujjing their finl sepantian she ifid a defensive coHjny-Vfrh a 1 1: 7. i VOLUME I -U.ll!KIl 25 "Or 83 after 3 Ub$Th& 29 ladies oh boa"rd, only tw afea.vcd' nndnossibly tfierct might l5e jpsmI in all who 'EscapIpsiiilKIS- ' T 7: Ukd bc9a - to KewQrk'aiifakiat aad Bcraping' arid 'hadsaccjeoded, fu -gtttw'g 4V a larger pile tliati'jva.t iijv; adv:aAtasexj; in gold and 'H'or, towtdei with'a litrior - ! United -States mancy. Assboifi I i. ': that. the. .wat-onid.bar4? !! weSa would bnIjomedwith'othersmidQtrlw ', over "some o the' cotton bale v!uch l A. convemcpt, and mounted I one, - Soma; joined mc, but in passing tJjc whcob tbcyj "' '-' s -1'. all washed 'Off, and 1 none psucqedcid in; ; ' Itettlns'hold 'again.:-5 'In passin? the'sicrn.i-' f vr t a gcntlernan. Myhdi-fmv:f V vuumw! iij vu-oiiuiv lilt H.V CUIU'JI; . : t : bale, and with much difficulty Isueceed-V ' ?';, ea in getting; Uicai hqll oi the cTui of the- md ropca.;' A'Suinbcj' of timcv wiion. Ml. PI V - 1 so completely exhausted thaf I was or- lige-lvti drill.' with Uro Vbalei mt having, strength sufficienl "to get upon-it In one of those whirls, or sucjis in the v. ! tor, they bpth vvbiit olT; tho gentlemaTi' so dark Iliat all I could do tr rmvclf. ' I aked tfie'm wheroihoy werti not know their names. " Wlj"e:i"74t7was 1'ght en.nngH to dweern 'the shore I wa.j ouitc noar, and it ,'wris' witJi , great diiu ctillv that I njuslcred courage to leave the bale, and trust getting on iJiorc. I tried it', and succeeded. 7 Just as I land ed and crawled upJ the bank, a steam--.boat came in sight, drifting d)wn, pick, ing up all. who had survived the last three or fourliours' V , , ! , ' ; Cn rrency.-ZIha writer, assisted five old vetcraiw to receive their respective pens-ions; three eacfi for $20, and two eaeh for .20 GO Their credentials w ere undisputed and the order for. the moncv was promptly issued upon the pet Girard Bank. They, wished the specie chan'f o, but it was refused,1 ami tlie Government jcntiions were h ba received inIJank Notes ohy. ..Yh'y should the Govern ment then insist on,spccic"rfaymcnts,br Postage or debts duo to it, w hen the like mode of payment is refustillo'those who cstnb!i3ia1 the independence oft ho count nr? , 1 Remarks' on such tra risa'c 1 1' m i pre uune'rcsrarvvto all considerate and ,wclfcyi'hers of the country?. , v f,-;:; ' ' J' A. Gazette. ' IXQUISITirEXS.' Itis suppopedthat'thc-Aniricr : : ;;.v attained Uk? greatest art in-parr vi- i , uuioiUN cuuss, uucuiis-; inc ,u j .,!.); uuumuyc,-union couia naruiv liavo occ i ;:! !. ..n il iv evcelicd by ny translantic perfjrr.u'r: at a village toplac; : a horse's "shoe, when the .Paul 'ry of tlib' rllaee hrrsflod rn fa the carriage window, and without wait- m t rihe ceremrtnrtjf .i ntromtc t,6n,"e- claimed. MGood morninie; sir! horso cast a s!t(cr l see. 1 ?nppo-v' -y ou -i" . gin-;4t 5 7' Hero lio ued, V.. -.'"-tmg the name -of tlie place t.n b s.!;v.j J. but the citisen answere-l, "V1'; :W ; 77:7 sir! I generally go thcro.al this' .oasou" 'I hum dove, audno donbt youcrimo from ." "Right again, sir, I livo thcrer Oh, ay, do ye biit I see it.-' a London shav Tray, sir, bo there air.' 1 tivriir shrriRff tliert;?' - "Ws, - p1rr,t- 7f other chaises! "Ay, ay, of course; but what do folks say?" "Their, rayo:. every .Suiidayr'iTltat's not .what I mean; I wish to know if thou-o i--p . thing new and fresh " Ves bread- and 1.!!' - 'Anau. vou be a due 1 q,nry. i ray muster, 1 as-i y.i;r nr.i.u' "Fools and clowns calj me muffer iut -I am in , reality, one of the !','..: . (' Ai -istophanes, and my genuine na;nc is Bi"ckc!.cs Knuux. Drive on !! ii'" English, Paper. A copper coin (a cent) was recently dug' up in a garden in this place which bears a curious ; relation to a jmrt or cur -American liistury. Ithas uh one sidea head'lf ("roijTc III. and tl.c words, (enrj:t:i Hi Kex"' anuiu.; tlic !g-, . On iU -,-nesite7U' ir vprc: -sk i i. . rW.ry of arms t Lfviilnns., Srod-'iid.ir'1--land, aud A-ii tjiniu iUuitcieJ,' niivi , some MX hisf dear Lnura (or (. A Lo .u . r ' t from" each bin- did'timc. after" H'mcv unttl.Iffniinrl'pncl ?.:-'t i 1
Southern Citizen (Asheboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 24, 1837, edition 1
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