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0 / 75
FRIDAY, APRIL 19, 1833.
The SpririgTerm of our Superior Court, comraen
ced it session on Monday last, his Honor Judge Don
kell presiding On Monday the Grand Jury, Alex
ander Gaston having heen appointed foreman, was
drawn, an 1 charged; when in consequence of the ex
treme inclemency of the day,no further business was j
done. Having maur. arnturuems uy wnicn our
readers both in town and country, may be informed
of the progress and disposition of all the cases on our
Superior Court Docket, we shall continue to publish
them as they are tried or otherwise disposed of.
- . l I L 1
On Tuesday, the case of Gaskins vs Street, was
railed: this was an action commenced by war
rant under the act of 1826, for the penalty of one
hundred dollars, for trading &c. with a slave the
property of the Plaintiff, for shingles. In the Court
below, an amendment of the warrant was allowed, 60
as to conclude against the Ptatute, and a verdict ren
dered against the plaintiff; and now Gaston for the
Plaintiff moved to reverse the order of amendment
upon the ground that the warrant was brought upon
a penal statute, and ought not to have been allowed
by th-Court below, and that the appeal opened the
whole case, &c.
Donnell, Judge:" Had the motion to amend been
made before me, I do not think I should have allowed
it; but this being a matter addressed to the discretion
of the Court and they having allowed it, and proba
bly upon considerations which do not appear upon
the record, I do not feel myself authorized now to dis
turb it" The motion was therefore disallowed. The
trading in question was conducted by defendant's
Clerk, with a free negro and the slave of the Plain
tiff, and the defence was principally grounded upon
the legafity of trading uith the free negro. The
defendant's counsel offered in evidence, thedeclara
tions of the negro, at the time of the delivery of the
shingles, on the ground that they were a part of the
re? gestae."' To this the Plaintiff objected, because this
was mere hearsay testimony, and the declarations
i wore made by a person of colour. His Honor over-
rulled thtlobjection and admitted the testimony. His
Honor then summed up the testimony and commen
ted upon the law arising thereon. The Jury returned
, a verdict, in favor of the Defendant. Stanly and
J. H. Bryan, for the Plaintiff. Gaston and Attmore
for the Defendant.
Jones vs. Merkell. This was a petition for Parti
tion, filed by the. plaintiff alleging that he was tenant
in common with the defendant of the half of lot Nb.
ii232 on Dirty Lane. To which the defendant plead
"non insinuel tenent, sole tenure, and not tenants in
common in possession." The half lot in question ori
ginally descended to the son and daughter of one
Smith, under whom both pa ties claimed. The Pe
titioner claimed to have purchased the interest of the
eon, and the Defendant exhibited n regular chain of
title from both the son and the daughter the deed
from the son being posterior in point of time, to that
under which the Petitioner claimed. The deed un
der which the Petitioner claimed, was attacked by
the Defendant on the ground that it was obtained by
fraudulent means, duresse, &c, but upon these points
the testimony was very vague and unsatisfactory
The Defendant showed a sole and uninterrupted
possession, by those under whom he claimed, and
himself for a long time previous to the filing of this
petition, and. contended that the Sheriff's deed by
'which he claimed the daughter's interest, conveyed
to him the whole lot, and that he held the same ad
versely to the Petitioner; he further contended that
being: thus in the adverse possession at the time the
Petitioner received his deed from the son, that it con
vpyedjnotitle to the Petitioner; that the. petition for par
tition upon this state of facts could not be sustained,
for where the title is denied, doubtful or litigated, it
murt be first established at law, before the party can i
resort to petition for partition ; that the narties were !
nit tenants in common in possession, the Defendant
had set up a distinct title to the whole of the premises
and that the-petitioner must 1 Hriwn hia n,tinn
of Ejectment to ohiai
n possession, &.--Act of 1789.
V ilkin vs. Wilkin 1
Johns. Ch. Rpr, 1 1 1 j ;k qho
I he Petitioner con-
LPn rd tn-.tt tr s ur tn.. i ,
that the Sheriff's
J'uniivided moiety" as expressed in th 1 h !
v need cnni7o,rl 1
Defendant, and commented unon tv. '
lion of the term ; that the possession of one tenant
n common is the Dossession of thp mv, ,
Wnhh. 3 Dev. Rpn 3'2ft Tht V8, '
of the premises hv the nnflnm nnA ' " i
ffive him title to the whole of the nremise tt,!wu i
and nnci'mccinn rP fhi rinrinrlan . I
vj.i mi. n uiium was consistent
'th that of the Petitioner, and that if a tenant in 1 What they hHVG l0"S predicted ' then the Pr
common has not been deprived by a wrongful dis- j0 North will all have become slaves." What
P-ion, or 'exclusion from the pernancy of the bcfre the Tariff ?
qTnLT T IOet riffhtofentr'in The Pari. Journal of Debates states editorially, that
or m ftan CCUpHtlon b? his Gov. Hayne has been arrested by Gen. Jackson for
more than twenty years, he will be sufficiently high treason!
d to entitle him to the process of partition, al-; T
though he have not the actual possession. Barnard i Vast nu,nhrs of newspaper and other periodi-
Vs- -Pope, 14 Mass. Rep. 434. His Honor Judge I Phnnted and rd in the United States, and the
pn.II, in his chxrse to the Jury, upon the points of! ,Ct that their number is continually increasing, gives
rawed by the counsel, was with the Petitioner, I abundant Pro; the individual and aggregate pros
dnl said that the only point for their mnt; ! niy of our haPPy countrv. Th Mhnf th
wir diipcre.l tmuilii pnt rhnraoti. r u j.-j : io
- i., t lue ueeQ
urr wiurh the Petitioner claimed
m . .
This being the
' ju? involving the fact whether the parties were
'Hits in rruiimi - r. .1 .u :
'Hi? i.i r;, l.,11.. t .. . ' J
ami nic eitrui Ol test mrmv
- -wMciiiv iu invor o rn KPiitinnjp ha T..-..
- v -""n
. a ven irt in h; fW.r
tt . , n-r
.ftrth. Petitioner. .Attmore iind J. W. Bry-
a". UK- Drf ndant.
R an Hn0fhWil'ia7 Arthar' Same
the parties. TT'
ing to release her interest in the premises, upon the
payment of so much money by the defendants. J
H. Bryan, Attmore and.Manly for Plaintiff. Gaston
Groverv8.McLin: McLin vs. Grovcr ; Siner vs.
----- I J lit, U 1 H I 1. W X- V M W - mt i
mill rf. t . urVilll, lUrYlCLllIl, Varivix,. J 'j
and Attmore contra. On Thursday momma the
State Docket was taken up, but no cases of much im-
portance were tried ; the capital cases were assigned
for trial today, of the further progress of which we
will inform our readers in our next.
Very Late from Europe.
The Packet shin Pacific brings London papers to
thp 16fh uh incluaive.
The second reading of the Irish Coercion Bill was
commenced on the 15th. The first clause occupied
the House of Commons the whole night.
Lord Durham had retired from the Cabinet dan
gerously ill. A successor had not yet been appointed.
It was reported that the combined squadrons were
again to proceed to the Scheldt. A new Dutch mi
nister (Chevalier Dedel) had arrived in London.
London, March 16. inhere is a great deal of anx
iety felt with regard to the instructions received by
M. Dedel from his government. The reports in cir"
culation are unfavorable.
Yesterday, a deputation from the West India body
had an interview with government, upon the impor
tant measures in agitation for the suppression of sla.
very. We are told that nothing has yet been deci
Portugal. We are happy to be able to state that
the unfavorable reports prevalent for the last few
days, relative to the departure of the Duke of Bra
ganza from Oporto are without foundation. With
respect to the position of the army of Liberation, it
is indisputably true that there is the greatest want of
provisions at Oporto; and that the troops, in conse
quence, have been exposed to the most severe priva.
tione. The cause of the Queen of Portugal, how
ever, is not yet, proved to be absolutely lost.
LIVERPOOL MARKETS. -
Liverpool, 15th March.
The sales of Cotton last week reached 24,380 bales,
of all sorts, including 610 Sea Islands, at 11 a 13;
8710 Uplands, 6f a 7 ; 5900 Orleans, 6 a 9; 1340
Alabama, 6-f a 7$. 1000 bales American were ta
ken on speculation, and the market generally had
a healthy appearance, for short stapled Cotton, es
pecially the better sorts, but no advance was realised:
the reduced stock of long stapled descriptions has
turned th.e attention of buyers to such, and higher
rates were paid lor Egyptian, Brazils, and the com
mon qualities of Sea Islands.
This week the transactions in Cotton have, heen
nearly as extensive as the preceding, say 21,020
bales, including 630 Sea Islands, at 11 a 14d.; 100
Stained, 7 a 10 i.; 8270 Upland, 6f a 8d.; 6550 Or
leans, 6 a 9d.; 1250 Alabama 6 a 7f .
Notwithstanding the continued demand, we can
not notice any advance in prices, except for the bet
ter qualities of short staple, and common qualities of
Sea Islands; middling to lair descriptions ot Ameri
can are offered abundantly at the current rates, but
the market generally has a hea'lthy appearance.
The import ol the week is 14,850 bales. There is a
comparative increase this year of 44,000 bales from
the U. States. The sales to-day are 2500 bales.
The stage intended to ply between this place and
Beaufort left here for the first time on Sunday last.
It is a very creditable and convenient establishment,
and will doubtless be handsomely patronized.
There is a certain portion of property, with which
some of the Northern folks seem to busy themselves
unnecessarily. The editor of the National Gazette
is " very like a whale," which some naturalists be
lieve to be no fish at all, and all agree to be a very
odd fish. He bothers himself exceedingly with the
subject of slavery. Sly hints of the value of the
North to the South in case certain circumstances
should turn up that the South had better stick to
the Union for her own safety that there is an aboli
tion society of long standing at the North, &c. &c.
Now we should like to know what all this means. I
it a scarecrow for Nullification ? Let the editor know,
that the intelligence and patriotism of the South can
without his inuendos, adhere to the Union as long as
the justice of the country makes it worth preserving
Is U to throw 601116 liffht upon our eituation? Then
let him know there are in the South heads to under
stand and einews to act, without the assistance of him
or his compeers, and without being guided by the
doctrines of St. Omer. Perhaps the principles of the
i Tariff have taught him, that it is sometimes quite
i .ui .?:kui u: :-ul
iirimi iiiif 11(111111- i n iiin i r u iw iw rvu it cr
il .,, . ' -.B...-. -
i But we still would repeat the request of the South
'a'ssez nous faire, -just mind your men business
and let us alone.
A Mr. Sutherland from Pennsylvania has been
making a strange speech in Congress. The follow-
in 13 aI1 extract. Speaking of the Tariff he says:
" When the sha11 arrive that ,a-vs this system low,
then the gentlemen of the South will have acom-
constantlv re-art;.- , . . .
i ' witn a nealthv influence urxm
rMiril hhortv orwl U .1
cus mey go hand in handonward
i l l Ukee " f""0 aven giving and receiving
The folio winrr cnrinim .
" " "WlomiP in cniH tn tin wo
'' ineete Tom V f"" MaUr
I ht Tom 1 undetand Eir you haTe been
ST Wf at was0,"'' ''ZWhy
These three c;iusp.s werereferred uponagree- , out the hold, and paint her. at th Uhn r J
of the parties, to two arbitrators and tlieir umpire, j JJ n cSem inlv eX h.ea.rd the appalling accounts
r awnrH t K f rw W. C. Stanly Wo ua " J r' " excited Sreat anxiety.
v " - nau nuiinujr oi it nere
...l "eU 6,r 1 W "Hurra ft
Fourth cakolina sentinel.
Correspondence of the New York Daily Ad
extract of a letter, on board the U. S. ship Potomac
ti : . auao, Jan. 1st, 18di.
time, Io a rTw ,(" "I' TJ""?LT2
V V II l C I lII I I It MM I M I IV "T - . .
yei,- our ship is a
. . J w.j. uuc, H U blJUlJ
L L I - l . ! .
It is not generally known, perhaps, that at the last
session of Congress, extensive arrangements were
made among certain leaders in Washington, to car
ry on the campaign of nullification in the South, a3
well as to commence certain movements in the North
and particularly in New York, with the intention of
an tne several parties to the compact meeting on a
common ground of opposition to the present adminis
tration, at the end of the next two years.
We happen to have a full and particular know
ledge of these arrangements of the individuals by
wnom tney were brought about ol the ultimate
purposes of this extensive combination and of the
manner they are intended to be carried into effect in
the North. The whole of the last session of Con
gress was spent by the leading nationals and nulli
fiere in arranging the terms, and in adjusting the
duties of the several parti s to the compact The
defeat of F. P. Blair, as public printer, was the first
common act of this combination the recent course
of the New York Evening Post is another link in
the chain, and as time and opportunity occur the
new coalition will play out card after card to deceive
and delude the people.
A distinguished member of Congress, from New
York, aided by a few politicians from that state, and
particularly by the " Spy in Washington," were the
magicians and astrologers by whom this combination
was brought to maturity. The project is first to
break down the democratic party in the city of New
York then this state then all over the country.
The New York Evening Post, an old federal pa
per, now managed by individuals, comparatively ig
norant of the situation of the country the charact
itn ui uui puouc men, or me purposes ol political par
ties, is to be one of the principal organs of this effort
to destroy the confidence of the people in the nresen-
general administration. In its course at the last
November election in New York its illiberal and
unjust criminations of the Post Master General its
attacks upon the Washington Globe its recent con
duct in the charter elections, are all "signs of the
times," and "proofs conclusive" that it is a party to
the "irreat compact" brouo-ht about bv one of the
. m' - -
most distinguished political and literary men of New
York, with the Southern nullifiers.
We have a most curious tale to unfold of the in
frififues the meetings the consultations the mid
night caucuses which took place during the last win
ter at Washington. The developement is much
wanted for the purpose of awakening the democracy
of the North and particularly of New York to the
deep laid conspiracy which is intended to destroy
their unity and harmony of action. We shall com-
mence tins expose in a tew days, and request oui
numerous patrons in New York to give us all their
Will the New York Standard republish this, so
that the Post mav see the charges we boldly make
asrainst it and its corps of magicians, as well as to
prepare itsell lor the specifications that will soon
Connecticut. The result of the recent election in
the state of Connecticut has quite disappointed our
L ,L. f . . . .
expectations; nui me disappointment is ot a nature
which is very agreeable. We considered that state
as fixed in its hostility to the present administration;
and should as soon have expected to see Massachu
setts coming forth in its support as Connecticut. We
had no hopes of a change in the political character
of the state ; and our opponents had no fears upon the
subject. The prejudice which has been there dis
played against the President and his cabinet has
been of the most inveterate kind; and we were dis
posed to say of it as was said of Ephraim, she is
joined to her idols, let her alone. But how have the
expectations of our friends and our opponents been
both disappointed. It is admitted on all hands that
there has been no choice of Governor and Lieute
nant Governor, and that as there is a large majo
rity in both branches of the Legislature favourable
to the administration, the candidates for the execu
tive offices of that party will unquestionably be cho
sen. -One opposition paper says the Legislature will
be Jacksonian from the door to the wall ; and as far as
the returns have been received it seems that 126
friends to the administration out of 214 have been
chosen members of the House of Representatives,
and for the Senate 18 administration men, two Na
tional Republicans and one Anti-Mason have been
elected. As far as the returns have been received
the probability appears to be that the six opposition
candidates for Congress have been elected ; though
it is admitted by our opponents themselves that with
regard to two of them the majority is at all events
very small, and that there is some doubt of their
Thus have our friends in what has been termed
the land of steady habits broken ground. Thus has
pthe cause of truth contended with and triumphed
over prejudice. One after another are the states
which were at first opposed to the principles and the
measures of the administration, giving up their op-
and comins forth in its support. New
I Tl I 1 -I . I .1 I- f . i'.n .
nampsnire tea tne van in tne worn ui iwiickiikui,
i . ,-
and Maine Connectirut an(1 New Jersey have tol
lowed the example. Even Delaware has so far imi
tated it as to nut into the office of executive of the state
a firm and decided friend to the President and, his j
administration. Thus have the principles and the
measures of the administration received t e sanction
of popular opinion, notwithstanding the bitterness of
the opposition which has been made to them, i Thus
have the people, who, with regard to the choice of
rulers, have no desires to gratify but the promotion
of the glory, happiness and the prosperity ; of the
country, notwithstanding the desperate efforts which
have been made by designing politicians to aeceive
A thom nintonnr:pd their iudrment in fa-
vour oithe administration. Baltimore Republican.
Mr. C. Bowen, of Boston, has in press, a collection
of the Familiar letters and Miscellaneous papers of
Benjamin Franklin. The Boston Courier, speaking
of these letters and papers, says The Letters in
nartieular. nmonntintr to more than one hundred that
have never before been printed, possess the raer at
traction of familiary and unstudied communications
of ithe author's sentiments and :ngs neast
relations, ana most mtimaie irit-ini. '."7 , ei His natnma. i X. .i
ked with all the peculiarities of Dr. Franklins' style ; JLL his customers and the public generally,
his fecilitv of expression, plavful manner, pointed ; that he has just returned from New York, and
thoughtsand happy illustrations. They exhibit his j is now opening at his Store on Pollok-Street,
chara ter, moreover, in a most amiable and engaging one door West of Mr. Simpson's corner.
NshMhr A WELL SElECTED ASS0RT,,E,T OF
ciallife. In every respect the materials 01 uub voiume ..r roon-
cannot fail to be recrarded as a rich acquisition to the SPRING AND SU3IJIER0ULI5-
native literature ot America. Together with a general supply of
. I... , rkxr ronrif PRV
The constituents of the Hon H. A. B. Dearborn,
nC MnRRarhnaptts. recently fiave him a public dinner
We take the following from the toasts drunk on the.
occasion : . .
" 18. The Ladies. Our duties to them must be
specific ; we are not rich enough to pay them, ad va
We hope if the ad valorem duties are applied to
FOR THE SENTINEL.
TO f HE GODDESS OF HEALTH
0 shades of Walheim ! and the streams that give,
Melodious murmurs to thej passing gale!
Once more among your healthy groves I live ;
Once more I drink the music of the vale.
Hygeia! goddess of the smiling hours,
Daughter of Temperance and of chaste desire,
Ti thee once more I lift the cheerful eye,
To thee once more 1 strike the sylvan lyre.
Dost thou not dwell 'mong Walheims blessed shades,
Dost thou not wanton in her happj vale?
Thy beaming face, I see in orient morn,
1 feel thy kisses in the summer's gale. ,
I hear thee in the sprightly song of birds,
And in the mid-day humming of the bee,
Thou canst not breathe, but sweetest music plays,
Mong bending corn and in the waving tree.
Grant me, O Goddess of the smiling houre,
With thee to dwell in Walheim's peaceful groves,
)V u ltee l wander her shady hills,
With thee repose me in her green alcoves.
With grateful feeling glows my cheerful heart,
V arm'd with return of thy all-sacred fire,
To thee I dedicate this humble verse, '
Daughter of Temperance, and of cnaste desire.
O shades of Walheim ! and ye streams that ive
Melodious murmurs to the passing gale! "
Once more among your healthy groves I live;
Once more I drink the music of the vale.
MAR RIED ,
In Onslow County, on the 3d inst. Mr. ROBERT
W.JAMES, to Miss ANN MARIA AMBROSE.
On Thursday last, Mrs. ELIZABETH TANDY,
wife of Mr. William H. Tandy.
At her residence in Jones County, aftet a linger
ing illness, on Monday last, Mrs. SARAH RO
BERTS, widow of the late Mr. Richard Roberts.
In Onslow County, on the 5th instant, Colonel
PORT OF NE iVBERN.
Schr. Rebecca Hyer, Manning, New York.
" Select, Conklin, New York. Passengers
Messrs. S. Battle, J. Charlotte, W. Sears, J. Pittman,
J. Davie?; E. Ferrand, and Mr. Gully.
April 18, Packet sohr. Trent, Jones, 4 days from
N. York, with mdz. to J. M. Granade,& Co. A. Ayres,
W. Brtnver, O. W. Lund B Flanner, J M Roberts,
Pasteur & Moore J Hancock, J L Durand, C Slover,
J W Smith, W W Clark, JC & M Stevenson-, John
Van Sickle, M Stevenson, Booth & Porter. Passen
gers Messrs. Trufant, and Daniel.
Schr. F. Michelson, Smith, Dimerara.
William Allen, Wadsworth, Boston.
The Post Office
Has been removed to the building in front
of the Sentinel Office, on Pollock Street.
H. W. LATIMER, & CO.
mAVE lately received per Schooners Ju
bilee, Convoy, and Select, an extensive
and general assortment of
STAPLE AND FANCY
AMONG WHICH ARE THE FOLLOWING, VIZ :
300 pieces light fancy Chintz Calicoes from
67 to 35 cents per yard
70 pc's French and English fancy Ginghams
30 do Furniture Calicoes 10 to 25cts pryd
20do French Printed Muslins some of which
are of a superior quality
10 Pongee for Ladies dresses
Black and blue black Gros De Swiss sup'r ql'ty
Black and coloured Gros De Naples 4o to 95 cts
Thread and Bobbinet Lace Edgings
; and A Plain and figured Bobbinet Lace
4 i and : Henani Shawls, Silk Muslin do
Ladies Parasols, some of a superior quality
Gauze and Lustring Bonnet Ribbons
Belt Ribbon, Guard do, Linen and Cotton Floss
White Blond Gauze Yeils
Ladies Silk and Cotton fancy Hose
Ladies and Gentlemen's Hoskin Gloves
44 " Plain and Bordered Linen
Cambrick H'd'k's (cheap)
2 cases Leghorn Hats (cheap)
f iand f damask Table diapers
f " " covers
f M and LA 44 44 cloths
Gothic Window Shades, a new article
Artificial Flowers, Bead Baas, blk Nankin
Blue, Black, and Mulberry Broad Cloths
Blue, Blk, Green and Brown Crape Camblets
Brown, Blue, Black, and Green Groghams
Lifiht and dark Rouen Casimeres
Liuht and dark Erminetts
Russia Sheeting, Cotton Cassimere
Bird's Eye and Russia Diapers
Silk, Cotton and Gum Elastic Suspenders
Irisljf Linens, some are very fine, (cheap)
&, v brown and bleached Cotton Sheeting
a t and , Bed Ticking
brown and bleached Shirtings
60 dozen Palmeto Hats,
3 bales Cotton Yarn, (some very fine)
5 cases Gent's, black, white and drab Hats
Gent's. Valesses, Seal & Leather Trunks
General assortment of Ladies & Gent's Shoes
And many other Fancy and Staple Articles
all of which will be sold at a small advance
from New York cost.
Newbern, April 19, 1833.
SPRING AND SUMMER
&' D (D ID 3
; pjjj, undergi d .
j HARDWARE, CU1 i.
GLASS WAR3, GROCERIES, &c.
1 case Gentlemens' fashionable Hats,
1 case Satin do.;-
rrd everv other Article usually kept in
i assorted Stores. All o! wnicn will be sold low.
S. & J. B A T T BE ,
MAVE just received, per Schr. ect, from
New York, an assortment or-
AMONG WHICH ARB
Sheetings & Shirtings
Black &, White Pur,,
Silk, and Palm Leaf
Travelling, Fruit and
Ladies, Gentlemens'' &
Silk, Gauze and Crape
BROWN AND LUMP SUGAR,
Tea, Coffee, Lemon Syrnp, Coop
ers Axes k Adzs, Drawing
Knives, Nails, Trace Chains,
WHICH THEY WILL SELL LOW.
MR. MOREIN being on his way to tlm
North and intending to make but a short
stay in this place has the pleasure of offering
his services to the public in his profession of
Miniature painting. His charges are mode
rate, and if the likenesses are not satisfactory
no payment is required.
He may be found at Mr. Bell's Hotel.
Newbern, April 19, 1833.
CIRCULAR TO FOST3IASTERS,
Relative tothc abuses of the franking privilege,
and sending books in the mail.
POST OFFICE DEPARTMENT,
April 11, 1833.
Being informed, by official reports, "that the abuse
of the franking privilege is increasing to an extent,
which threatens seriously to impair the revenue of the
Department ;" that "it is not confined to correspon-
deuce from which no pecuniary advantage results,
but is extended to the commercial and business tran
sactions of the country, instances having been de
tected of its being practised for the benefit of banks
and venders of lottery tickets j" that "every day, let
ters are left to be mailed, bearing the franks of per
son: who are, and for some time have been, many
hundred miles distant ; and letters are received from
the large cities, bearing the franks of gentlemen well
known to be remote from those places, the addresses
being in hand-writing different from the franks ; with
omer eircumstancesattendmg, obviously showing that
those, whose franks were upon them, could have no
participation in, or knowledge of the letters," and that
"blank envelopes, with franks upon them, have been
surreptitiously and otherwise obtained, with a view
of covering correspondence, in violation of law j"
I deem it my duty to call on all Post-masters, to be
vigilant in detecting and preventing these frauds up
on the revenue of the Department; and strictly to
obey that requirement of the act of Congress, which
makes it "their special duty to prosecute1' for such of-
It is because the letter is actually, 01 by construe-:
tion of law, from- the person authorized to send it free,
that it is exempted from postage. The frank is mere- .
ly the certificate of the fact that it is so. When,
therefore, the circumstances connected with the let
ter, are such as to show that it is not from such a per
son, and that the frank on it is, in effect, a false certi
ficate, Postmasters will, in such cases, charge the
letter with postage ; and they are particularly requi- I
red to do so, whenever the address on the letter is in
a hand-writing different from the frank, unless that,
circumstance is satisfactorily explained.
Penalties attach, whenever a person franks a letter
from another, unless written by his own order, and
on the business of his office, except that the Secreta-
nes of the State, Treasury, War, and Navy Depart
ments, ana tne rostmaster Ueneral, may frank letters
and packets, on official business, prepared in any pub
lie office, in the absence of the principal thereof. In
prosecuting for these penalties, Postmasters will obtain
the aid ot the District Attorney of the United States,
and for that purpose, report to him the circumstances, -and
the names of the witnesses in each case: and
they will cause the proceedings to be instituted in the
District Court of the United States ; not only against
those who abuse their frank, but also against those
who procure it to be done. Attention is called to the
subjoined references to, and extracts from, the law
and regulations of the Department.
It has been reported by several Postmasters, that
numerous volumes of books haye lately been discover
ed in the mails, the wrappers in which they were en
veloped and franked, when maifed, having worn off:
and that this mode of sending them through the coun
try, has been practised to an extent that has subjected
the conveyance of the mail to vexatious burthens and
delay ; I, therefore, require all Postmasters to be
careful to ascertain,. when bulky packages are left to
be mailed, if they contain booksj, or any other article
not authorized by law to be so transmitted ; and 011
discovering that to be the case, to withhold tfccm3 in
all instances from the maiL
W. T. BARR1 . -
See pages 15, 16, 21, 26, 28, 29, and 52, of the law
and instructions of the Post Office Departmentjedi
tion of 1832) to ascertain who are entitled to the
Sections 24 and 23, of the act of Congress, pas
sed March 31825, entitled "An act to re
duce into one the several acts establishing
and regulating the Post Office Department."
Sec. 24. And be it further enacted, That every
person who, from and after the passage of this acL
shall procure, and advice, or assist, in the doing or
-perpetuation of any of the acts or crimes by this act
forbidden, shall be subject to the same penalties and
punishments the persons are subject to who shall
actually do or perpetrate : any of the said acts cr
crimes, according to the provisions of this act.
Sec. 29. And be it further enacted, That K
any person shall frank any leteror letters, other than '
those written by himself, or by his order, on the busi
ness of his office, he shall, on conviction thereof, pay
a fine often dollars, and it shall be the special duty of
Postmasters to prosecute for said offence ; Provided,
That the Secretary of the Treasury, Secretary of
State, Secretary of War, Secretary of the Navy and
Postmaster General, may fradk letters or hackets on ,
official business, prepared in any other 'public office,
in uie uosence 01 me principal thereof. And il any .
person, having the right to receive his letters free of I
postage, shall receive, enclosed to him, any letter or
packet addressed to a pereoq not having that lgl!"
shall counterfeit the Md-writmg or wm-
r 1- nf nnv
person, or cause the same -""2, offending,
snail be his duty to return the same to tne
marking thereon the place from whence it cn
it may be charged with postage. And anyp :
. Tire up i ... .r r " 1 KjI
adopted.-) . Newbern 19th Apri)f 3.
. . t :rwfcv woioiMUfl agree-1 jacKson.