Newspapers / Western Carolinian (Salisbury, N.C.) / June 4, 1822, edition 1 / Page 1
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"VOIi. 11.1 muni n iT7tt r ii fi r s raiNTrn ash fcmlishcp, evfrt TrrsoAr, iiv lilNGIf AM Cc WHITE. TrHvs : The subscription to the Westers Caroli-viax is Three Ihdcirs per annum, payable half-yearly in advance. CCj" No paper will be discontinued until all arrearages are paid, unless at the discretion cf the Editors ; and any subscriber failing to give r.otice of his wish to discontinue at the end of a ear, will be considered as wishing1 to continue he paper, which will be sent accordingly. Whoever will become responsible for the payment of nine papers, shall receive a tenth gratis. Advertisements will inserted on the cus tomary terms. ,1-ersons sending in Adver tisements, must specify the number of times they wish them inserted, or they will be continued till ordered out, and charged accordingly. No advertisement inserted until it ha?- been paid for, or its payment assumed by some person in this town, or its vicinity. CjAU letters to the editors must be post-paid, or they will not be attended to. I J CRKE County, is now open for the rerep 9 tion of Scholars, under the patronage of a respectable Hoard ot Trustees. The mode of instruction pursued is the result of much atten tion and experience, and eminently calculated to fit young gentlemen and lathes for the active duties of life, and to prepare students successful ly to pursue their collegiate studies. Lectures in an easy, familiar style, are given three or four times a week, on Language, His tory, Rhetoric, or Moral, Intellectual, Natural, or Political Philosophy. Great attention is paid to reading, speaking, writing, and pronouncing the English language with correctness and elegance, and to the man ners and morals of the pupils - and every thing done to promote their happiness and improve ment. Tuition S0 Per annum, and beard on the most reasonable terms. The village is pleas ant and healthy. French and Italian will be taught grammati cally, if requested. Jn7 15, 1822. 3mtll0 A SEMINARY for the instruction cf youth was opened at this place on the 15th instant. Classes for instruction in Spelling, Reading and AVriting, 2 50 cents per quarter ; Arithmetic, Geography and Geometry, g.3 per quarter ; Rhetoric, Logic, and Ethics, 1 per quarter ; Natural Philosophy, Astronomy and the Latin Language, g5 per quarter. English grammar, elocution and composition, will be taught each student w ho can read and write, and no extra charge made. Should health permit, this insti tution will be permanent. Patronage from this and adjoining counties, and at a distance, is con fidently solicited and expected. Mild though prompt government will be used, and each pu pil's taste, disposition and talent, diligently stud ied. Lax government has proved mischievous, from ignorance in this matter ; and energy be come tyranny by attempting to force nature. Moral and religious instruction on the Sabbath, and during the week, will form part of the plan proposed. This place and the neighborhood, are indeed healthy ; and board can be had on moderate terms. Three or four little bo, ri will be received as boarders, bv liENJ. 1). HOUNSAV1LLE, Principal of the Seminary. Lexington, V. C. April, 1822. 99tl04 Stale o1l No'tv-12vwoia, EURKI'. COUNTY. COURT of Pleas and Quarter Sessions, March Term, 1822 lohn Thompson, vs. David Evans O. Att. It appearing to the satisfaction of the court, that the defendant, David Evans, resides beyond the limits of this state ; it was therefore ordered, that publication be made in the Western Carolinian for three months, that unless he, the said David Evans makes his ap pearance at our next Court cf Pleas and Quarter Sessions, to be held for said county, at Morgan ton, on the fourth Monday in July nest, then and there to replevy or plead to issue, judgment will be taken for the plaintiff's demand r.ainst him. Attest, .1. Eli WIN, Cleik. 3mtl09 Price adv. 3 50 State yf Xo-t-Ca'oYia, SUKRY COUNTY. SUPERIOR Court of Law, March term, 1822. William Rurch, r?. Nancy Hurc?i Petition for divorce. It appearing to the satisfaction of the court, that the defendant in this case resides without the limits of the state, it is therefore or dered, that publication be made in the Western Carolinian for three months, that the defendant appear at the next Superior Court of Law to be held for the county of Surry, at the Court-IIouse in Rockford, on the first Monday in September next, and plead, answer or demur to said peti tion, otherwise the petition will he heard ex partc, and judgment awarded accordingly. Tei,t, J. WILLIAMS, Jr. C.S. C. SmtlOQ Price adv. S3 50 State ol! rstjYt-V3ai!uAia, LINCOLN COUNTY. 4T OUNTY Court of Pleas and Quarter Sessions, J April Term, A. I). 1822.... Peter Forney vs. Christian Reinhardt Original attachment, lev ied on six negroes and sundry articles of person al property. It appearing to the satisfaction of the court, "that Christian Reinhardt, the defend ar 's not an inhabitant of this state : It is thv re- OfTordcred by court, that he appear at the next v court of Pleas atid Quarter Sessions, to U for Lincoln count', at th Court-House colniou, o;i the third Monday in July next, v and plead to issue, or judgment by de- . lal will be cn;red up against him. Or- y court, that publication hereof be made onths successively in the Western Caro- j5 ) VARDIIY M'ilEE, C. C. YaVAVieXiais Vov Sale. ryIIE subscriber, wishing to remove to the JL western country, will oift r for sale, at pub lic vendue, on Tuesday, the 16th of July next, that valuable tract of land in Burke county, whereon he now lives, containing 1000 acres, sit uated 12 miles from Morganton, on the main road leading from the latter place across the Lynville and Yellow Mountains to Jonesborough in E. Tennessee. There is a good dwelling house with an enclosed yard and garden, a barn, stables, cribs, negro cabins, and other out-houses, all in good repair. This tract lying on Lynville river affords a large proportion of flat land, a sufficiency of which is cleared and under good fence ; the soil being fertile, will easily alford the means of still further improvement ; it is well adapted to the culture of wheat, rye, corn, bar ley, oats, S,c. This farm also affords a good dis tillery, is well watered, and abounds with excel lent timber. Asa stock farm, besides the abun dant products of food and forage, it has the ad vantage of lying convenient to an excellent sum mer range. In short, its local advantages are great. These, together with the uncommon sa lubrity of its situation, make it a most desirable seat for a country residence. The terms of sale will be made as easy as possible, by giving every reasonable Indulgence to the purchaser. The subsriber, as agent, will also offer for sale, at the same time, at a credit of twelve months, all the lands lying in the county of Rurke belonging to the estate of Col. John M'Gimsey, deceased, xiz : One tract of land, including sev eral surveys, lying on the waters of Paddy's Creek, and containing 1000 acres, more or less; whereon there is a good Grist Mill, well suppli ed with custom. It consists of uplands of a pretty good quality, is well timbered, and will admit of several settlements. It will be sold al together, or in parcels, as may best suit the pur chasers. Also, several other tracts, situated in different parts of the mountains, and valuable on account of the range. Rond, with approved se curity, will be required in all cases. The terms will be more fully made known on the day of sale, when due attendance will be g-iven on the premises, by the subscriber. WM. M'GIMSEY, Agent for the Heirs of Col. J.JV Gimseif, dee'd. JUovganton, April'3, 1822. 12wtl09 N. R. Any person wishing to purchase pri vately, can do so by appl v ing any time before the day of sale.. "1? t 4t JL WVj riXHlUllUUlUU OF the Students of the Salisbury Academic?, will commence on Tuesday, the 11th, and close on Friday, the 11th of June. Parents and guardians arc respectfully invited to attend. TIIOS. L. COWAN, Secretavv. .May 14, 1822. A O TICK. I Y a decree of the Court of Equity, made at J) April term, 1822, I will expose to Public Sale, at the Court-I louse in Salisbury, on Mon thly, the 10th of June next, lots No. 17 and 18, in the great north square of the town of Salis bury, on which there are improvements; and lots No. 26, 37, and 38, in said town, unimpro ved. Also, two tracts or parcels of land, lying and being in the county of Rowan, to wit : one of three hundred acres, lying on the waters of Flat Swamp Creek, and one of a hundred acres, lying on the top of a mountain, called little mountain, r.ear to the i-'lat Swamp Springs, be longing to the heirs at law of Evan Alexander, deceased. A credit of twelve and eighteen months will be given. Ronds, with approved securities, will be required. GEO. LOCKE, C.JT.E. April 30, 1822. IwtlO 1 ' State ot! Xovttv-tjavoWwa, ROWAN COUNTY. SUPERIOR Court cf Law, April Term, 1822.... Ruth Harris zs. John Harris It appearing to the court, by return of two subpoenas, that said John Harris is not to be found in the coun ty, and the requisition of the act in other respects having been complied with, it is ordered by the court, that publication be made three months in the Western Carolinian and Raleigh Star, for the said John Harris to appear at the next Superior Court, to be held for the county of Rowan, to answer this petition, otherwise it will be heard cx parte. Leave is given to the petitioner to ex amine testimony without giving notice to the defendant ; it appearing to the court that he has absconded and gone without the limits of the state, to parts unknown. Witness Alex. Frohock, Clerk of the Rowan Superior Court, at oflice. omtll l ALEX. FROHOCK, C. S. C. TvVvate "EnteYtavmuent. n x EPHE subscriber respectfully informs r JL. the citizens of Salisburv and the .jil-ist . adjacent country, that he has removed from his late residence on the north side of the Yadkin river, on the main road leading from Salem to Danville, 15 miles from Salisbury, and has taken the house formerly occupied by Capt. Ja. Krider, in town, on Main street, a few doors north of the Ccurt-IIouse ; where he is prepared to keep a Jfintse of Private Entertainment for Travellers and citizens, lie will at all times furnish Stabling, Fodder and Grain, for Horses. THOMAS HOLMES. Stdishvry, Sept. 25, 1821. 78 N. 13. Eight or ten ROARDER5 will be taken, at the customary prices in town. Waking Wnsiness. FTIIE subscriber havincr made the necessary . arrangements for carrying on the Raking Rusines-. will keep on hand a constant .".pply ot 1J rcacfy Crackers, and Cedes , of every description, as well as the various articles usually kept in a Confectionary store ; all of which he will dispose of on very reasonable terms. THOMAS HOLMES. SnlUonry, T) r. 18, 1821. 80 Ukk ItatteY "Wanted. XIRERAL wages will be given to one or two i voting men, of good habits, who understand their business. Those seeking cmplo ment may get a good job, by applying to the subscriber in Morganton, N. C. I"2;f JOHN n'Gvinr. le)o't Of the Committee on the Land Office Examina tions, oic Concluded. The appointment of IWr. Worthing ton and Mr. Morrow, both active in their respective places, in passing the law of 1807, as commissioners to ne gotiate with the Indians, was made very soon after the law was passed, and by President Madison, who was Se cretary of State at the time of its en actment, and could no more be suppos ed to be ignorant of its general objects, than disinclined to obey its injunctions in their true spirit and meaning. It is believed by the committee that the late William Pinkncy was employ ed as counsel in behalf of the United States, while he was a member of the House of Representatives from Ma ryland, and argued some causes in the Supreme Court, and received a liber al compensation for his services. It appears, too, that, in 1818, upon the occasion of certain complaints made at the office of the Secretary of the Trea sury, against a receiver of public mo neys at Vincennes, the present chief magistrate of the United States, direc ted the Senators from Indiana to in vestigate the subject, and though the investigation did not proceed, one of the Senators, who lived at a distance, and attended for the purpose, was af terwards allowed his travelling expen ses. On another occasion, in the year 1819, the. Hon. Benjamin Ruggles was directed to aid the superintendent of the Cumberland road in taking proper security from the persons entering in-j to the contracts, and received lrom tue superintendent 72 dollars for his ser vices. In the Department of State, there exist few occasions for giving a con struction to this law " concerning pub lic contracts though in this Depart ment, the employment of a member of Congress, being the editor of a newspaper, to print the laws of the United States, has not been considered by John Quincy Adams, Esq. "or by his predecessors, as prohibited by the act of Congress, or as coming at all within its purview" accordingly, your committee find that James J. Wilson, Esq. a Senator from the State of New Jersey, and the editor of the Trenton True American, was employed to print the laws during the time lie was Sena tor, from 1815 to 1821, and from the year 1804. In the Navy Department, the com mittee have heard of no particular ca ses, or of any particular practice, other than that arising from the annual re turns under the fifth section, which are exclusively confined to contracts for xvork and supplies. The committee believe it to have been usual in the War Department, al so, to employ members of Congress as counsel in behalf of the United States, and thy refer particularly to the in stances of Mr. Baldwin, of the House of Representatives, and of Mr. Rod ney, of Delaware, of the Senate, em ployed and paid as counsel, under the direction of the Drcsent Secretary of War. The committee refers also, to the case of a member of the House of Representatives in the present Con gress, who is employed, under the au thority of the War Department, as a superintendent of a fortification of the United States, for which he receives an annual compensation. Upon thes instances the committee forbear any comment ; proceeding to remark, however, that in this practical construction, there has been an uni formity, which could scarcely have re sulted from any thing else than a uni versal impression of the real meaning of the law. By the 5th section it has been perceived that the Secretarj' of the Treasury, Secretary of War, and of the Navy, and the Postmaster Gener al, are directed to ma!:c annual state ments to Congress, cf such contracts, made in their respective departments, as are comprehended in the law. But in none ot tnose returns, which have been made, are included any of the cases enumerated, -vhether the service had 1 ecu performed by a member of Congress, cr any ether pcrssn and un der the idea that these were net cf the description of contracts to which the Isw h?d rfrrenct. the retvrr. rr.ibrr.: only contracts for labor, for furnishing supplies, and for carrying the mail j and it is also worthy of observation, that, though this fifth section designs to compel a return of all contracts with in the law, it does not require any such return from the Department of State, in which, though it is true no such con tracts as gave rise to the law are ever made, it has, nevertheless, an exten sive patronage, a part of which is that of authorizing the publication of the laws, which may be dispensed to mem bers of Congress, and, as we have seen, falling clearly within the general scope of the words of the law of 1808. Neither has it been usual, or deemed necessary, to make a record in either of the Departments, of any such in stances, whether the service was per formed by a member of Congress, or others, pursuant to the law requiring all contracts made by the respective Departments, in behalf of the United States, to be recorded. The committee do not wish to be un derstood as referring to these instan ces, and to this course of practice, to justify or excuse an error in one De partment, by detecting similar abuses in another ; nor as affording an inter pretaticn which, if erroneous, should have the force of judicial dtcision ; but merelyr as the means by which the ob jects and meaning of ihe law may be ascertained, as illustrative of the sense in which its provisions have been re ceived and understood by the most dis tinguished statemen, and the ablest constitutional lawyers of the country, and by the common consent of all whese duty it was to obey them. They refer to them, as demonstra ting a cotcmporaneous practical con struction, which has prevailed, without concert, in all of the Departments, and to which an officer, entering the office leng after the construction had become adopted, might naturally conform his conduct. On the whole, the committee have seen nothing in the case submitted to them, which can lead to the presump tion, that either of the individuals con cerned had any intention either to vi olate the provisions cf the law, or to abuse or disregard the spirit and poli cy of our institutions. Thev are of opinion that the em ployment of Mr. Thomas to examine the land offices originated in a desire honestly to discharge an important public duty ; that the peculiar impor tance of the trust at the time, and the character and elevation of the individ ual employed, were calculated rather to invite than forbid the selection. Nor have the committee any reason to believe that the duty has not been faithfully performed, and in a manner conducive to the public good. Under these circumstances, and with such impressions, the committee do not deem it necessary to single out this case for particular animadversion, or to pronounce upon the comprehen siveness or precise import of the act of 1S08. They content themselves with referring to the construction which it has uniformly received in practice, and to the conviction that the public good, and net any sinister or improper pur pose, was intended ; and they there fore recommend the following resolu tion : Resolved, That the committee he discharged from the further consideration of the suhject. DOCUMENTS Accompanying the Report of the Select Commit tee of the House of Representatives, on the subject of the Examination of the "Western Land Ofr.ces. f TnEisrar Department, JIarch 26, 1822. Sir. : Your letter of the 22d instant was received only on the 25th. In reply to your request that the com mittee may be informed of the construc tion given by this Department to the act of the 21st of April, 1G0S, entitled "An act to regulate public contracts, as well under my predecessors in office, as by mself, in relation to the authority cf the Department or the President to employ as counsel, in behalf of the United States, any member of Congress, or to perform any other service, duty, or agency, in be half of the United States, I have the honor to state, that I have no means of ascertaining the construction which has been put upon the act in question, by my predecessors in office, but by their prac tice v.ndcr the fifth section of the act - That section requires, that the Secretary of the Treasury, Secretary of War,- Se cretary of the Navy and Postmaster Gen eral, shall annually lay before Congress a statement of all the contracts which have been made in their respective depart ments, during the year preceding such report. From the date of that act, to the present time, the Land Offices have been annually examined, and a compensation paid for the services rendered ; but no Se cretary of the Treasury has ever report ed that service as a contract, within the letter cr intention of the act, or consider ed the persons who examined them as con tractors. If the performance of such ser vice constituted a contract within the con temptation of the act, it was the duty o! the Secretary of the Treasury, from the year 1SCS, to have annually reported eve ry such service to Congress, as a contract. If it was not a contract, within the con templation of the act, it was a service which might be lawfully rendered by a member of Congress. The construction given to the act by the Treasury depart ment, at the commencement cf its opera tion, that such incidental services were not contracts, has, it is understood, been corroborated by the other departments of the government. In all those depart ments, incidental services have been, and still are, rendered and compensated, but have never been, nor are they now, re ported to Congress as contracts, within the contemplation of the act. If is respectfully conceived that the ex amination of the Land Ofiices cannot be considered as constituting a contract with in the letter cr intention of the act, un less the proposition that every possible service rendered to the government by any person whatever, except by public of ficers in the discharge of their official du ties, for which compensation is received, cm be correctly affirmed to be such con tract. That it was not the intention of the act of 1S0S to make this general affir mation, can, it is believed, admit of no reasonable doubt. If such, however, was its intention, all the officers of the gov ernment upon whom it was intended to operate, have mistaken that intention, and failed in the correct discharge cf their duty ; for it is believed that none of them have, in pursuance of the 5th section of the act, reported such incidental services as contracts made by them, during the year preceding the reports annually made to Congress. I have no knowledge of the employ ment of any member of Congress since the year 1808, as counsel in behalf of the United States, or to perform any othei service, duty, or agency, by my prede cessors in office, nor has any member of Congress been employed as counsel by this department, since it has been under my direction. In the year 1818 complaints were re ceived at this office against the official conduct of Nathaniel Ewing, receiver at mcennes. 1 he charges were of such a nature as to require investigation, and the Senators of the state of Indiana were, by the direction of the President, request ed to make that investigation. Owing to Nome objections on the part of the Receiv er, the investigation did not then take place ; but, as General Noble, one of ths Senators, resided at a considerable distance from the Land Office, travelling expenses were incurred by him, which were paid. In 1819, when proposals were invited at Brownsville for constructing the Cum berland road from Uniontown to Wash ington, in Pennsylvania, the proposals were much lower than those which had been received upon the other portions of the road. Mr. Shriver, the superinten dent of the road, expressed apprehensions that some of the bidders would not be able to give such security as would insure the prompt and faithful execution of their engagements, and stated that his acquain tance in that part of the state was not such as to enable him to judge coirectly of the sufficiency of the security that might be tendered. He therefore pro posed that two gentlemen, whom he nam ed, should be requested to aid him in this particular service. One of the gentle men declined the request, when it was suggested that the Hon. Benjamin Rug gles was acquainftd in that part of the state, and that there was no doubt he would attend if requested ; his attendance was ac cordingly requested, and for his services and expenses he received, from the su perintendent, the sum of seventv-two dol lars. Upon both these occasions, as well as upon the acceptance of the offer of the Hon Jesse B. Thomas to examine the land offices in 1821, the provisions of the act of 1S0S were not adverted to, nor did the idea occur that there was the slightest incompatibility between such service and the provisions of that act. The practice of the Department has been to record all contracts which were supposed to be within the letter or inten tion cf the act, anu;tD lay them annually V
Western Carolinian (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 4, 1822, edition 1
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