-- - - .
. - t . I
' mmmn inin "' "" tt-taw w
I 'i; ,i i
VOL VJ......NU. aul.
i it, i
wmmrnm iiiw ii ii II II Wli W
TV UnM wf A V Cr"''' &J
M MM U-.a-d.lV--t at u
f lU L-Uat) fcW M inwv ' I
a i--- k,.'! k tmt4 M
r rM UtfiN twe-fy-i ve
(ftt uf ajgaw-.---. . ,
. i. -- tails tV'-. Witt
tu a a a"k
fW.. at kN tao WW, act7-4 "
faw a the b 1 wtaVf paper,
t4U f-evwy" Marshal! Dkkeftsoo,
aw fUaafr lo l4Wf. sec?te wr
Complainant 19 U P14 f ?
A yrfflftl wat confessed hy Joel DWi
oases, to Drferwtant fee Urge sura, and
If pt M to eovtr the property m ''
from craiiof i tooPMuin f
n.Hy ikti tl Isdrtaroi N
Ion U pojwt4 lM o4(tmni
Hcndrofl M4 Bffti . wairli from
w.v. Dcrt ua tM mi tsutt m
. Vbeibr ikt Mrctim mooer ftmita
lor unpid Ii I tlm or ol poi
old inr conwif we it u cinwnif a
Ik attrc B4t Bud
it looked to. or utk JU m Wca
corCaMO WircUwi tl ttltlt tad
C eoHfiKi m to b cscuu4 hea t&s
lit oprT the (( for tH (HirrluM
tfc frmUt to 00 8T Moor, bi M, Mf
tof pJl ifct porchiif tnooty, hIJ,thert
Ibret lkat h might tack tN motvef pW
to the tura advanced upon !k tnonjij
mmJor ttve tMrmrBt ! tor Utuo'i bent
ti H It xHMr4 4 he leU d enabled
Lim to call for the JrrM title.
Urv'er oHirry circomettnr et the pur
chmr from enoHtrtce mutt sund la
b$ placet' tod totmiit to i rederoptloo
upon the tame 'crm, for rhotiRh he mtf
Durchaae Cor ltrt mm, tod though be
a the Uvl Utk, ret t t not equal
aelrr ith the mortnujer, for he taji
rUb ootke. 'For ear thing which put
pertf opoa enquiry U notke. .
ClOcfeni rule prcvuai aa wncre m pur
chaier tdfancci the money end take i
conveyance tor the benefit of the raort
fpger er his helra? end for hl ova bene
fit. But in this case, the defendant har
Jng taken en edeAtf rsmwyeurr from the
morf fragee and by bta anaeer dtnitd the
DliloiifTs riehl f rrietm. Held, that he
" inuat aiaiid as a mereaaienee rthe
meftrref nd roust submit to a
Jempt'xn on the same" terms, and was
not entitled to the sum actual) advanced
'- Arrtnton i- Jordan frotn Paiqootank,
: - JodgmeBt of the Soperior Court revert
ed, and that of the vounty Court affirm
A iherilT man but he Is not houni to.
inaht uton 3 securities in a bil bond. If
at bond be taken with one only and that
one it njicttnt, the plainuff mtj eicept.
The bond, however with one securitt Is
An assignment of the bait bond is not
required when the suit is In the County
Court t the-17ih section of the Court law
(1777) being confined to the Superior
It is not necessary in sci la. igsinii
. bail, to state the issuing and return of a
ca. sa. against the principal t though the
want of such ca. sa. would be a defence
lor tho bail. -: v.--- . .
Fordham v. Miller, from Lenoir. Bill
- dismissed at Complainant's cost,,. ,
A father by deed, gave a negro to his
daughter, and provided that if she died
without children, the slae should return
10 the family. -The deed waa put Inthe
. afterwards the daughter, by fiaril, re
nounced all claim under the deed, and
exonerated her father from all obligation
to have It registered, and authorised him
. to destroy, it. ShoUfterwiirdf married
"and died. Her ' fiushahtT filed this bill to
. aet up thie conveyance. ;
..jaeJd. 1st. That after this voluntary
reminrlatinn:.. tKA.AUpfiter'1 DUld - not
hav been entitled' to the aid of a tourf
Equity, to setupihe conveyance,:;-;:
. 3. That the husband succeeding to Iter
rights, could claim . nothing more than
she could hate claimed.
Quert. Independently of this objection
if the Court would be justified in setting
up this eonveysnco for the benefit of the
hut&and, thus giving it a different opera
tion from that which the partiea intended ?
Goodman v. Ar mislead, from Chowan.
Judgment of the Court below affirmedi -
, the cra!iJ $t tlti star ct wt Ltd
I the tt(t a lulptMfl, the year of U
crpcmUoce UUf tentk4M4, la Imnute
rlJ The ktur date If tuHkMMly cer
UU wltfeewf the uxmtt.
i , piltf UitiUst 9t A. ft Beweil, frwta
The . f atud of a tsewtry agabst
Qtmikm ii ,, Ml evwcpttejC,,f vldeec
aiaa U U M ectioa brewf t
trm Miti'lUaa re ertject thtaa tp the
rvtrdla bofcd of the default U lael
principal. :, r ""
The Oeveraor v. Ifetrshai aad other.
ffoo tksufft Javdmeai alStased.
Aa acUoa poo a aHertfa boevd i plea
the tttt Urtiflg actions no auth bunda
after alt fears ifpikaiiueH a prteaJa
vUhb three years. INId tho Nplicatiua
is a tWoanure from the dtcW ton
the promlM, though u may aa.se l&e
oartv tuJe i an actlun founded ums It,
Jut not restore the right ef etloa ii
W foe tM, the Upe of Uasel,by
the statute, a positive br.
Dee on 4m, of I stem and Batter v.
PLne and Stwyer( from PeaqouUitk
iatdrmeot aiSrmed- .
- II Ui are tho termini ebounorar sol
e Orant or Died Is matter of law If AWtv
these boanoatlsi er termini are. Is mat
irr of fact. It la the orovlnce of the
Court t declare the Erst, that of the Jury
ta atceruli the ueoftd. Where sottif
af tjee ere tailed 6f a4 erae-4
flUace given, tao former are toe wr
mini, and the Utter are mere pointers
or guides to the fwrmer. Hence, wheo
tbf mturai eoject ni kw is wniqet or
has Drotxrtici peculiar to Jiseit, course
and distswe csa have no effect But,
where there ere aeveral nstiral oUiects
snivcriog (Nf OearriptioOt course aoo
diatanci may be adverted to, to asrertsin
which it the object designed In which
case they do not control a natural bound
ry, but merely serve to explain the latent
ambigttUyf.. ....- . .
WiIon w. Myers, from Beaufort.
A Peiition was filed for an injur to
land by I mill pond, against several de
fendants trial was had and verdict ta
ken for the pbuntiff, and judgment agaiaat
II the defendants. One of the defend
ants was then dead, and a writ ef error
was brought' for thie error in fact. On
the return of the' writ a motion w.a msl
io Jhe Court bejow toanvndhy e wr ring
a nolle protcqul es tw the Oetendam w'k)
was dead, aa of the term at which the
trial was had. The motion wss allowed
oo payment of costs, and the writ of error
dismissed Un appeal to tnis lour.
held, that the Court below were right in
allowing the amendment, for i would
hive been at the trial e matter of cturir.
The Injury for which the action is
brought Is still a forr, though the set of
Assembly haf iven a-different remedy
rom (Ml f UiimK ii wmmgn uv. ,
-HacklaU and wife v. Powel. from Bcr.
tleT Pecrtee in thf Court below revert
ed, and cau remanded for further pro
The set eivioe power to iourtt of
Eouitr to order vies of real esne for the
purpose of pahiuofV directs the proceeds
to which infants are,entnicd to be secured
to such infanCer hlara representativea.
Hence, fuch'ahare'of -the pweeds is to
he con awe red, realestatt, and i if the
infanta cne brfore niing at age) the
helf at law will succeed to It, and not the
personal- representattve-Dut if the in
ants ?aTHve --itJull. age and tbeo die.
whrthel' tie fceir at law will bo entitled,
Ellison's Ex'rs v. Jai. Ellison, from
The Testator executed a paper writing
in form of a Trut Deed, and on the same
day made a Will referring to the former
paper. The purpose of which was clear
ly a dMpoaition,J)t.,nia estate aer :eatn.
D. Y. was one of the Trustees and ETx'ra,
and also one of the only two subscribing
witnessses. The Trustees were directed
lo retain out of tho -funds which they
trouble. Tho testator had both real and
personal estate, all which hit Trustees
and Ex'rs were directed to sell After
the death of Ellison, D. Y. released, Ice.
all his claim kc. ..... .,;y..;. ;
The presiding Judge in the court be
low -held tho two papers to- make one
will, and to be well executed to paaa real
estate.- " On appeal to tnw couttynew txy
two ludges, that tho two papera are both I
testamentary t and' maktvono disposition 1,
One Judge contra. But held by all that
IbvwBI if not well ;oxecujted. . That D.
Y. the Witness, bad such an interest in
the lands devised at waa contemplated, by
the act of 1784, and that when euch in
terest exists at the time of subscribing)
no subsequent release will avail.
Matlock v. ram' Adnrrs, irom Koce
ngham. Judgment affirmed.
The administrate ot rarw recorerea
1 . A
la 4he haais U pUr.t lt Hhtrl7.
k vied M properly and aJtrtli (of sale.
then by afffmM trff tid's vtre
soipevtded and the Irvyj retorj-d 9pem
theXe. Tho dsff'is 4 the ixscwtl'jai
lhs fiid the plainlif il8CUlnOi
urtarat rltfro lantl tht f fit 44. Till
action hftMhi Sgaini V Ctodaa's
e srttlr.Urt.1, N rwiowl u toaoil
mm fifid is. ma esfr The Stf L
res, im oeria is saiium to 'm eew
oUt4ona .iHoucw nos)af ire Mc, the
servko required by t4 act bfi a au
ataatiaUy per fee mad mi aeU t tht
the aalou cannot be abst the dtW
ante w tnetr repei seowtive cnsrsir
And bald further thai the prrW
aastndaent giei to thit Letrt does
itrnd to emer$ igfhe procevdiriga, s
st lo make then agtdoat the defendant
In their oa riht, ( tho pewtr extendi
only to sock emeodeatMt as roll have
bren md bv the Coort below after final
judgment. But to tubitiml mfod
ment. (it sfcmtl sHtiuW be allow ea In
thk Court, for every such amend rtnt
should be accooipenltd with leave if d
feodat to vary U a.Jlogs, snJ Ihttt
are the new Ueuts to be triad 1 Thl
Court It eirktly a Caurt of Equhvi ai4
such amendments presenting a new r -arvd
reqiii-ing new plradsngs, sJiaulJ it A
be anowed her.
Brad- w. WUaoru from Jw-V
swsMa hflss wtt'sia.jj fc 1 -
To chares a msa with bitwt an oui-
house not pstclof the dellf boute,
Is not etionJ4e.
Sumps . Grarta, from Ci Judg
turn! rtvtrKdi and jtw.lris: forded.
A variance between the n and de
claration, the fitt being In deb- he latter
in assumdtt Is fatal even af" verdict.
A note rwt asweruhle within statute
cannot be declared on, the iliaiiou
mus: bo set not and the note in be onU
evidroci' to the jury. W.t the ton
tlngtny oq which the psyttirrjf prora
ted is of such a kind as shoe no benrbt
or hjury to the parties the Me U of it
self no evldenre 0f a coosM ration, hu'
proof must be given of It ei'r he ne.
J mU and others w. Wlattind others.
frm Perquirttons. -
Uevia to far life, and ait r bis oestn
to the heirs of hh body lawfu.vlbegottca,
to ha eauallr divided mutf them and
their heirs forever. The weds heirs of
the body art words of desnjprm and not
Dcvereux v. Cape Fcvr Kaak, from
Thia was an intuortit bill and the
answer having come in, and being very
lone, there was not time to hear the UH
antwer in the Court heloe. B c.m.-,i
re case was Transmitted n this CouM.
Iedvthat-tho.Cwurt ha kwiadkiion of'
the CMUse. . .. . ...
S'edman v. Ruldick.. from Cates
odrmrnt affirmed. - s i ... .
A fltrbf to e slave ad'rtiHr held bv
aDoiher.caihor.b;asslimed:oM to pw
the legal title to. the avifJieeC; It U a
mere chose In action, and is, at law, in
capable of assignment.
State v. Alexander, fam Wilkes.
The.aruiusljrirginiB atxlNortb Csroj
ifna Confcrence of tKe Mcttldist Church I
convrnOd at Portsmouth, Vajon the 15th,
and adjourned on the S 34 ihumo, Biab
ops M'Kendree and.Soulo presiding.
During the session, arrancemeats were
made to establish a College within the
bounds of the Conference, for tho instruc
tion of youth io those branches of scien
tific learning usually taught in Universi
ties, by the appointment of a committee
to draft a constitution, and rirculate pro
posals for the erection of suitable build
ings, by ' subscriptions, to be solicited
from those .disposed to patronize the un
P. Dwb, P. E.
Granville, George W. Nolly and John
Franklin, William II. Starr
rerfin, William Holmea
Iredell, Jesse tee ,
Salitbury, Christopher Tbomaa and
Benjamin Edge.;.,; ,..,...,',...,.,, '
Guilford, Thos; Mann, (superndmera
ry) and Jacob Hill. f i; -
CanoeU, ueorge atepnena y -
IftUaborouth, Joshua Leigh
Baniitrr Rfch'd P'MerriwetUf,::.::.
. TJKavKlSITT tAKDJ.
W ha 'mat learned from D. Ora
tarn' Secretary of State, (saya the Mur-
freesboro 1 en. Courier,) Wat he ftas re
ceived officie I information of the assent of
the Trustees of the University of North
Carolina, to the law passed by the Gener
al Assembly of this State, tt its late ses
sion, on tho'tubjeci of thef University
!gmat itna! set r!rT.sc ftMih tu'
Ha m wainsa taaautfas, .
htr. ftltfrt The 8pffn Com I ha
Urn o rft.tly eiMihd Uti.ia w.u
fr lit uiiUiy to be (I'arlr raatjCrri
mt p-J i4kn etlat against N, wklck
time alone can remove. Bu I caatoo
douht lis final triers ah. AnoiMr r
we W great imtim,i iUf part,
liMok if raiy bt malt mate eiierNveif
smful. Matit Utottta eim Mitidual
from its arrttM cceMiraKiino. In the
U'tstern ouni!ti many questlene of
much ImtxHiasre to thewe cotMcmed
have alreadr Uen rtferred le lUs fin
Cuurt uj firim the nature of our Lint.
many o'her uussiiorts for lis declaim
may be cspocsd ysariy to arise i But
fe of the attrrilct that practiae In, our
Mrt, are willing to i-ikw a suu in
nt as a
alcU'H and of tore. In a majority of
. ne allornUa muU m miilnal
ItX n-it the etprriae of tlilaamnrnvni
h.f-m the greatest nr ht j ill
heW.jf rtlng of oauea to count! uv
quaiKd uiib mikf of the tyws with
hi,l m attorney who travels wh the
uit ImSji 1i earBmenrenieai, ia faiulUar
I suVmi', alw, whether a n ortalaa
.lrm tif thU r ouru.br whU-h it thouid huM
a tu lwi ht i he neiicrn ail of lb stale,
and another in flit t i, If r 'OuirH, wuvld
e enable Hm tte , r I ami iuri4k
liwH U al . mmt it ui fwlfl
li.-i.'j . iih tHir r4i jcs in "ni
i r cimirli iriorint, ihtl
Irs ni. fj tsc liive VV'ein tcunti.
the uuiiixtt!) of 1 1 Superior Coursa lo
hold C-un of ri .in, is almost a nulU
AL'i-J ifimjeutttJOa) be disstOyed.
hut a to A.snnjr a rc, ii wuld alrnou
amguti lo 4 miraclr 1 I had rather Wail
f r a- tl E'iir of the aun. ' Now I
for vn, u ipinia,i that It would not
imitate too mmh the Uirdcna of our
eff.l'i u !j;r of the Supreme Court,
if ti c st'c lu k authoriaed lo extend
their ju'ivhuion and their lalours. in
the ." I h'ist Indicated. T hope, sir.
you ill (ell them so, and thereby oblige
many A faansa-
RhtJe Ithud haa n written coo
stitution, and diflcre in thia resprct
from all the at. tea. Shr is g'tvrrned
by the Chartrr vl Charles 2d, the pro
viaions of which are bo librral, that
little imonv-nicner has been hitherto
eiprirOCea mua tnc .u. f
atitutton. All the exrcutive i Biters
are anual!j elected. From the year
177J, to the present year, a perido(
SO years, she haa had but 10 different
dovcrnur, one of whom was annually
re-elected hr sixteen vears. ih
preVent Ifduae'of Rcprese ntttrves con-
siata of ra mtmbers, of which six are
new ones. ......
- The population in 1 7 J 5. was about
40,000 1 - the i preser.f population is
about ,&5fi(iO haVJng little more ujan
doubled in 70 yeai a.
Prrmont The tract of country now
Called Vermont was settled at a much la
ter period than any of the eaatern states
The HUtory of the disputes between thia
atate and Iew llampsire and Mew York
is one of considerable Interest The
nuestiow was in reUlioo to tho clakna of
New York to the whole territory wnicn
being referred to the English Crown, was
decided HI rsvour or new ima, ana me
officers of Justice were ordered to enforce
the claims. The settlers opposed the of
firera with violence, and every man's
arm being nerved for resistance, they as
.nriurd together in their towns in de
fence of esch other. The militia of the
neighbouring, part of New. York were
called oat to enforce the laws but such
was tte resolute character of the inhabit
ants, that nothintr effectual wss done.
ftremost amone the -Vernionters,
atcod Ethan Allen, one of the most extra
odinary characters of the age, a bold and
,eterrnined man, without moral cultiva
cion but with great natural-powers. - Un
er his cuidance and counselTheyresoTv
ed to maintain what they conceived to be
their rights, at tho risk of being treated
as outlaws, i his state of things conun
ued until the battle of Lexington New
York endeavoring to enfore its jurisdic
tion, and Vermont strenuously resist
ing it. - '- '-r-:.r-
3)uring the whole Revolutionary war,
the people of Vermont, though coatend-
placed, reprded lhe4a id ffovcrn .
ment, in an embarrassing: aitoation j and
when the peace of 1783 took place, she
was completely o aovertitfn and Inde
pendent atate. Io ,1789, after a dispute
of 26 years, an amicable arrangement was
effected and In '.If I- Vermont became
one of tne United States.' ,,
- Aaro&nrfMaryland was so named in
J hbnor' or Henrietta Maria, the wife, oj
Charles I. Il w the thir4 cany plan
Ud h lll tourrTy. Tbt paol ''tAl.
lutldt was frsmed In 17ft hut, laaur
a ho entrtd In tM general (aeie, fHirs&a
I hf rvvviuilonary war, la Ikt tbMe1 o
frytdoan, with great teat. kt ttiuard I
ratify the enkUstf rat.l4rk-t SKXil
I7tl le lt aa3tf t. WfaHa wrt "
bektg rem4ifif ky Is teaainw.id faeaf .
tw4l k well adapted f 0e cauro of to
bseeo tod wheat. Two enkke arw al
to be perulisr io tee stale 4he gen
In w4f weat, which gro an JCani.
Qusen Ann's and I albns countk. tnd
e bright lii't W toWiro, hlth to
proltted m some pans f the wtxtrei
shore south of iUliimore. lUila.. la
Iflf. had a population of 300 in I7f0,
and In 1120. 63,877.
r-a" Ii the year ITtO.a am.n
-olor. of H,4il 40 lamiJWs, umlrr the j.
rerikn of James lUSartaof,, croseed the
mountains, and ping 'hrouf H viMer
rwss rf Jno mile, art'kd OO CuinS'rt.K.I
rie f i f i, t 'cmodd the town el N n
in I fa. I he li-i.l.iara NoiiliC,--.
Ii appointed o-nmltonra la rnlr
the weaiam pn of tho Siaie, tfj ,0 r.
pift to the sococeding-LoitrsIatiirf hka
part was mi axluUi for ih anoMt
landa ptplJ -aawi aha hI..
inrT-rcommendarSun, the Ugl-iamrV,
In I7IJ,' laid off a tract of lrt . ...
. . . " " V1 !.". JM
Cumberland river, for the dlatharge of
the military bounties. ThJ fi,rkt 0.
d Jhejnfini f ojooy at Nahville a - -small
tract hating be-n allowed to tach
ol the tettlers. la I79. ll.e rnh.Mtar.ti
of this district, frellrg vo.ibh ih, irKoo
venknee of a goternmem remote aa
thai in the capital ol North Croiha. ea
deaoied io Imm an independent ne, lo
which ihey in ended io gita the namr of
me tate or funklio;' but dlffrrin
among lhemelv, the arhrme Waa abarl.
Oo-ieH for a lime. In IfiTik. I.:.i.
lure ol ,orth Carolina pcd an act ce
om "arrorT m lhc United Statea,
uncertain condition. Cnn6re accpi
fd ihe i-ion, nJ protided for it Ror.
ernnienl, U an an un!ir the of ih
Uirliora of ih IJnutd hi ! South -.f
ihe Ohio. On the n -.t i.,ni ,r9
H Pre i'lent spp4nled Willum 'li,.iul
Governor bf vhe territory, whtrb offico
lll-k.M llil.kil nl f . k. .
ici.h.,1.1 rr.Ma4u,' ?rr toart afrer"
wards. Tennetaee was sdmhted as aoy
errign State No the Union.
Lwota Urge extent of rountry
in thaw nate ia annually oerflard by the
Kf.aippi. The whole fUmtol lands
thua inundated is ft,30 tquare miles
and if to 'hie be added I jso square mlTtt
for the inundated lands on Red rirer; iho
w)o!e amount in the State will he 10,899
iquare miles. It must not be suppo-ed
thai this extensive tract is An continued
sheet of water It is intersected by. in - -
niim..i.ni. iih.ii mi.v l: r .
locking in a thousand msr.es, chequarthO "
whole face of the country. The wholo
area actually aubmerged is about four
thousand square miles.
The extrosive prairie lands in tho
south-west part of the state, ernhn clng
the county of Opelousst, ind the greater
part of Attakapaa, are most admirably ad
mod to the 'rearing of caitterand havo
hitherto been used almost exclusively for
that purpose. Alsny of the rkher plan
ten on the Theche and Vermillion, havo
stock farms established on Mermentau
and Calcasu rirers, and count their csttlo
by the thousand.
ooaroLg, rift If.
4rieao Coimv. -The ship Indian
Chief, Captain Cochran, chartered by
the American Coloniiation Society Bail
ed from this port on the I Sib Inst, for
bepoctety t aettiement at, Cape .JHont
serado, on the coast of Africa. She takes
one hundred and fifty lour free people of
colour, with supplies for the Colony, tho
frames bl five Ism bulldlngt which the
GovernmentnntcTid to provide 1 for1 tho-
accommodation of a number of captured
Africans who will be sent out heretfter in
anofher vessel: the frames of two lonr
boats for the trade of the rivers, and oth
er things. Sbe takes out also Dr. Pasco,
surgeon of tho nayy, a gentlemen of
professional skill, who acta in the double
character of an agent of the Government,
and a physician to tho people. ,
JlmexxcavL iitMtm, . ,w
An organ ted conapiracy among a num
ber of negro boya of. Norfolk. Va. to rob
plunder Stores, Dwellings, ho. has just
been- discovered. Their schemes were
so adroitly concerted by private signal,
and other devices, as to throw storekee
pers and others off their guard while they
bore off articles of Merchandise from the
eotorafA, doors, fce.