Newspapers / The Tarborough Southerner (Tarboro, … / April 6, 1839, edition 1 / Page 2
Part of The Tarborough Southerner (Tarboro, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
BY AUTHORITY, LAWS OF THE UNITED STATES, PASSED AT TIIE TIIIRD SESSION OF THE TWENTY-FIFTH CONGRESS. Public No. 10. AN ACT to abolish imprisonment for debt in certain cases. Tifl if enacted, bv the Senate and House of Representatives of the United States of America in Congress assemuicu, i person shall be imprisoned for debt in any State, on process issuing out of a court of the United States, where by the laws of such State, imprisonment for debt has been abolished; and where by the laws of a State, imprisonment for debt shall be allowed, under certain conditions & restrictions, the same condition! and restrictions shall be applicable to the process issuing out of the courts of the United States; and the same proceedings shall be had therein, as arc adopted in the courts of such State. JAMES K. POLK, Speaker of the House of Representatives. RH. M. JOHNSON, Vice President of the United States, and President of the Senate. Approved, February 28th, 1839. M. VAN BUREN. Public -No. 11. AN ACT in amendment of the acts res pecting the Judicial System of the Uni ted States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, in any suit at law or in equity, com menced in any court of the United States, there shall be several defendants, any one or more of whom shall not be inhabitants of or found within the district where the suit is brought or shall not voluntarily ap pear thereto, it shall be lawful for the court to entertain jurisdiction, and proceed to the trial and adjudication of such suit, be tween the parties who may be properly before it; but the judgment or decree ren dered therein shall not conclude or preju dice other parties, not regularly served with process, or not voluntarily appearing to answer; and the nonjoinder of parties who are not so inhabitants, or found with in the district, shall constitute no matter of abatement, or other objection to said suit Sec. 2. And be it further enacted. That all the circuit courts of the United States shall have the appointment of their own clerks; and in case of a disagreement between the judges, the appointment shall be made by the presiding judge of the court. Sec 3. And be it further enacted, That all pecuniary penalties and forfeit ures accruing under the laws of the United States, may be sued for and recovered in any court of competent jurisdiction in the btate or district where such penalties or forfeitures have accrued, or in which the offender or offenders may be found. Sec- 4. And be it further enacted, That no suit or prosecution shall be main tained, for any penalty or forfeiture, pecu niary or otherwise, accruing under the laws of the United State?, unless the same suit or prosecution shall be commenced within five years from the time when the penalty or forfeiture accrued; Provided, The per son of the offender or the property liable for such penalty or forfeiture shall, within the same period, be found within the Uni ted States; so that the proper process may be instituted and served against such per son or property therefor. Sec 5. And be it further enacted, That the punishment of whipping and the punishment of standing in the pillory, so far -a they now are provided for by the laws of the United States, be, and the same are hereby, abolished. Sec. 6. And be it further enacted. That in all cases of recognizances in crimi nal causes taken for, or in, or returnable to, the courts of the United States, which shall be forfeited by a breach of the condition thereof, the said court for or in which the same shall be so taken, or to which the same shall be returnable, shall have author ity in their discretion to remit the whole or a part of the penalty, w henever it shall ap pear to the court that there has been no wilful default of the parties, and that a trial can notwithstanding be had in the cause. and that public justice does not otherwise require the same penalty to be exacted or entorceu. Sec. 7. And be it further e.nnrttA. That the second section of the act of Con gress, passed the twenty-ninth day of A pril,one thousand eight hundred and two, which makes it the duty of the associate justice of the Supreme Court, rpsldpnt in the fourth circuit, to attend in the citv of itaiiiuiuu, wu wo ursi lvionuay of Au gust annually, to make orders respecting the business of the Supreme Court, be and the same is, hereby, repealed. ' Sec. 8. And be it further enacted tk. in all suits and actions in any circuit court nvu vjwicaiu vvinuii u siiau appear that both the iudzea thereof thereof, whb is solely competent by law to try the same, shall be anv n of in interest therein, or shall haVe been of counsel for either party, or is, or are so re i,i connected with either party as to render it improper for him or them, in his or their opinion, to sit m the trial of such suit or action, it shall be the duty of such judge or judges, on application oi ei ther party, to cause the fact to be entered on the records of the court; and also to make an order that an authenticated copy thereof, with all the proceedings in such suit or action, shall be forthwith certified to the most convenient circidt court in the next adjacent State, or in the next adjacent circuit; which circuit court shall, upon such record and order being filed with the clerk thereof, take cognizance thereof in the same manner as if such suit or action had been rightfully and originally commen ced therein, and shall proceed to hear and determine the same accordingly, and the proper process for the due execution of the judgment or decree rendered therein, shall run into and may be executed in the dis trict where such judgment or decree was rendered, and also, into tho district from which such suit or action was removed. Approved, February 28th, 1839. Resolution Public. No. 2. A RESOLUTION authorizing certain cer tificates of deposite to be cancelled and reissued Whereas sundry persons have deposit ed sums of money in the Treasury of the United States, under the provisions of the second section of the act making further provision for the sale of the public lands, approved twenty fourth of April, eighteen hundred and twenty, and received certifi cates therefor, and, supposing the same to be assignable, have assigned the same, for a valuable consideration, to other persons; and whereas the said section is so constru ed by the Treasury Department, that such receipts or certificates are not available to the assignees; be it therefore, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, i hat the Treasurer of the United States be, and he is hereby, authorize 1 and required, on the presentation of any such certificate by an assignee or bona fide holder thereof, to allow said assignee or holder to surrender the same to be cancelled, and to issue a new certificate in the name of said assignee or holder, in lieu of the one so surrender ed; which new certificate shall be received in payment for public lands, in the same manner as the original would have been had it not been transferred by the person who made the deposite; but tbe certificates to be issued under this resolution shall not be assignable. Approved, February 28th, 1839. it ?J8 SATURDAY, APRIL 6, 1839. (JOn Monday last, Dr. Ephraim Dick- en was re-elected Magistrate of Police; and Messrs. Solomon Pender, John Williams, James W. Clark, John Iawrence, and Geo. Howard were elected Commissioners of the town of Tarborough for the en suing year. (JWe learn that on Sunday week last, Mr. Joseph Savage of this county, mutila ted one of his hands in a dreadful manner, by the careless use of fire arms. He had provided himself with a heavily loaded pis tol, for the purpose of killing a dog that had repeatedly troubled him; and in riding on lorseback with the pistol in his hand, his hat was falling off when he threw up both hands, discharging the pistol the load of which mutilated two or three fingers and passing through the crown of his hat tore it to pieces. It is feared that amputation will be necessary for the fingers. (jVVe terminate in this paper, as we hope, the controversy between Messrs. Stanly and Duncan; and as there is but one feature in it that we approve, we will presume to mention it that is, that in this, in our opinion, ill-timed, misplaced, and indecorous affair, the only "strong pints" used were at the end of a goose quill. But the most remarkable feature in this contro versy is, the diversity of opinion relative to the contents of Mr. Stanly's speech, and the time occupied in its delivery; as the deponents are all "honorable" men, we shall submit this matter entirely to the de cision of our readers. It is verv singular. however, that Mr. Stanly should be so precise in the time himself, corresponding with the declaration of his political oppo nents, and still differ so widely from his friends. In the commencement of his speech Mr. Stanly says: "It is now 20 minutes past 4 o'clock" and the Repor ter testifies that at the close he said, he "had occupied but fifteen minutes;" yet his friends testify from half an hour to an hour carrying the time far beyond sun down. In conclusion, we conjecture that even the Southern whig members of Con gress, embracing nearly all of them, will demur to Mr. Stanly's insinuation that they also have sold their birthright for a mess of pottage, by voting lor tne anti abolition resolutions, in conjunction with the "Democratic Esaus." ft"FWe take pleasure in calling the at tention of our readers to the Prospectus of the "Extra Globe.' The enterprising publishers have succeeded in making this one of the cheapest as well as the most use ful political publications of the day. We trust they will meet with that extensive patronage, requisite to sustain a publica tion of this description. We will gladly forward the names of those who may feel disposed to receive it. (JThe federal whig presses are raising a great clamor about a discovery, that the Investigating Committee made in their ex- gensive and fruitless trip to New York, re specting a regulation adopted by the runa way conservative collector Swartwout, of extorting a moiety of the salaries of his sub ordinate officers for electioneering purpo ses. That Swartwout was guilty of this mal-practice, as well as many others, we do not pretend to question; but it docs not appear that it was done by the direction or connivance of the Secretary of the Irea sury, which would be requisite to establish the charge of "corruption," so loudly pro claimed by the whigs. Another foul charge, touching the man agemcnt of the General Post Office, is tri umphantly refuted by the able and indefa tigable officer at the head of that Depart ment, in the following manner. From the National Inteligencer. TO THE EDITORS. Gentlemen: l he sketcn ot a donate in the House of Representatives on the 28th of February last, reported in your paper oi tne I bin mst. contains misrepresenia tions affecting my public character, which I ask the privilege of correcting through the same columns which have given them circulation. The following extracts contain the alle gations referred to, viz: "Mr. Graves would state for the benefit of the gentleman from New York Mr. Bronson another fact going to show what use was made jo the office holders, and of what sort of material they were some times composed. A man by the name of Smith, who had fled from Bristol county jail, in Massachusetts, under indictment as counterfeiter, came into the Mate of New York, and was appointed a postmaster at a town in the district belonging to a member of this House, Mr. Foster. The charac ter of the man was so bad, and his felony so notorious, that whenever counterfeit mo ney was circulated in that neighborhood, pub Iicsuspicionwasalwaysattracted towards the postmaster ashavinghad some hand in the business. These facts had been fully rep resented to the head of the Post office De partment, but, because he was an active and determined partisan, every effort to remove him had been unsuccessful. "Mr. Graves persumed, as a matter of course, that he had been appointed by the late or present Administration. The ap pointment had been made three or four years ago, and Mr. G. had quoted it as one instance, to show that men were not ap pointed for their merit, their good character, or their capacity to discharge the duties of the office; but that the greatest "scamps" were appointed and retained, if they could subserve the political purposes of party." "MrBnggs. I ask the gentleman from New York whether he denies the state ment. If he does, I call upon my colleague over the way to state the facts, and to show that the Department does know the char acter of this man has been fully informed ot the tacts and still keeps him in office. A wretch who was guilty of forgery and counterfeiting, and who escaped the fangs of the law only by turning State's evi dence." Here are two serious charges: 1. That I retain in office as postmaster "a wretch who was guilty of forgery and counterfeiting, and who escaped the fangs ot the law only by turning State s evi dence," although I had been fully inform ed of the facts," and "know the character of the man." 2. That my reason for retaining such a villain is, that he is "an active and deter mined partisan." These charges appear to have been made on the 28th day of February last. Lucius D. Smith, postmaster at New London, Oneida county, New York, the individual referred to, was removed from office on the 21st day of January last, and the appoint ment of his successor was officially announ ced in the Globe on the first day of Febru ary last. He had, therefore, been remo ved more than a month when ihese charges were uttered on the floor of the House. This Messrs. Graves and Briggs had the means of knowing, as well by the official publication as by asking a single question at the Department. Moreover, this man was removed upon the instant on the first presentation of the case to me. This also Messrsi Graves and Briggs might have ascertained. The origin of the charge is probably this: In December, 1S56, the files of the Ap pointment office were destroyed by the fire which consumed the Post office building. On those files were probably papers then re cently received, giving the character of i . . Smith, and their destruction savea mm from removal at -that time. Mr. Graves had probably heard of those papers, and ut tered the injurious charges which have now found their way to the public without inqui ring into their truth. Mr. Graves says that Smith was not re moved, because he was "an active and de termined partisan." If Mr. Graves knows thisman's politics, he knows more than I do. They do not 4appear in the case, and, it is believed, never did. His office yielded him not more than $60 per annum. If this sum paid him for taking care of the office and for political services also, they were cheap, in deed! Their importance may be appreci ated frnm the fart that Mr. Grant, one of the Representatives from the district in which he lived, knew nothing of him or his case. Mr. Graves says "the character of the man was so bad, and his felony so notorious, that whenever counterfeit money was cir culated in that neighborhood, public suspi cion was always directed to the postmaster as naving some nana mine uujmws. wiu does anv man really believe the Administra tion expected to gain strength in that neigh borhood by keeping such a man in omcer When counterfeiters ot money become ta vorites with the people, then may the un charitable conclude that they will be protec ted in office by the Administration. Equally baseless is the charge or insinua tion from the same source that the clerks or any others holding office in or under thePost Office Department are taxed for political purposes, as the condition on which they are nermitted to remain in office. So far as re gards myself, I know, and, so far as regards those acting under me, believe that no sug gestion ofsuch a contribution voluntary or in voluntary has been made by a superior to an inferior, directly or indirectly, throughout the vast ramifications of this Department. AMOS KENDALL. Post Office Department, March 18, 1839. iForctfftt. Late from Europe. Liverpool papers to the 2d of March, have been received at New York. Cotton was rather lower; and in the prices of grain there was no improvement. Washington Market, April 2. Com we quote at S3 75 a $3 SO. Bacon a small quantity has been sold at 11 a 12 cents. Lard scarce, 10 a 11 cents. Na val Stores but a small lot of new dip has been brought in. We quote old dip at $2 50; scrape, J5l 05 a $1 10. Republican. Norfolk Market, March 29.-Cotton,13 J to 14 cents; Corn, 81 to S3 cents; Bacon, (hog round) 11 to 12; Lard, 12 to 12 cents. Herald. Petersburg Market, March 29.-Cotton The sales this week have been at 13 to 14 cents, the latter rates for good fair quali ties. Prime would command something more with our manufacturers. The mar ket is dull and very little doing. InL The sick are all taking Goelirke's Match less Sanative, which is astonishing Europe and America with its mighty cures. A perfect cure oj Asthma, fifty four tears standing, effected by the treatment of Dr. Wm. beans. 1 Ins is to certify, that I was attacked with the Asthma in the ninth year of my age, and from thai time until the pre sent year, a period of fifty four years, I have been subject to that disease. For I he last five years, I had it almost incessantly not being exempt from it more than twenty four hours at any one time. 1 had con sulted the most skilful physicians, and tried many remedies without anv relief. In June last, I commenced using Dr. Wm. Evans Vegetable Medicine, not with the expectation of effecting a cure, for I be lieved my case hopeless and my dissolu tion near; but with the hope of obtaining momentary relief. Before I had used two packages, I was entirely relieved; and I have not been attacked with it since. I can now say that I am permanently cured of the disease, and I can confidently re commend it to all who are afflicted with this distressing complaint. SARAH SIMMONS. Prince George, co. Va , Nov. 10. C7J. M. Redmond, Agent,Tarboro JYotice. npHR subscriber will make a final set tlement of the estate of Elza Hawkins, Jec'J, At May Court next all persons, there fore, having claims against said estate will present them immediately, as the time prescribed by law for its settlement ha expired. D BMP SET BRYJN, Jldm'r with the will annexed. March 25, 1S39, 13 3 oticc. rjjlHE subscriber informs h . Edecoml ms,hecik. htehvvighi bn8in; igs, &c. will be rennirp,! : ., expedition manner, and on the n? sonable term. e 011 STEPHEN nn.WLFv April 5, ISJ9. wuLEY. 14 PROSPECTUS For the Extra Globe" J, w 1839. R lay before our Republic fri, , a suhscrintin,, "'"J - periodical publication, the 'A??1? During the m.uths wher Globe." wl, ,h . "WW ol Us proceeding, weekly, for 0l e a(T1 In the interval between the seJ ' Congress, wp nntilih ii.n i.p ., - ""Hi lor six months, coniainins th ...,, , tics, public documents, anrl whaiev.. " ui u.ie.eM appears in the Duly Globe f the same price. Thee tw-., n..u: r ... .... ..... . ....J, U001i lorm der them for convenient for nrPw,.,,: and reference. Kach number contains is royal quarto passes. The important flections which tike pl..ce during: the approaching $um. mer and Fall, will ive peculiar value t0 the information to be lei ived from thj, q-iarter, during the canvas. The new phases of parlies in the North, and the troubled aspect which foreign aiiaiion gives to our national affuis t here, will j so impait to the country for the six momfcj preceding the meeting 0f the next Cor gres, more than ordinary interest. The publication of the "Extra GoV will commence the fit st week in t and end the first week in Novembei ntxi. TERMS. For 1 copy Si 00 For 6 copies. 5 00 For 12 10 00 For 25 20 00 For 50 - 40 00 For 100 75 00 Payments may be transmitted by mail, postage paid at our risk. The notes of any incorporated bank in the United Stales, current in the section of country where a subscriber resides, will be receiv ed. But when subscribers can procure the note of banks in the Northern and Middle States, they will please spnd them. To insure all the numbers, the subscrip- ti-ins should be here by the 7h of May. (TpAo attention will be paid to any order unless the money accompany it. BLAIR 4 HIVES. Washington'City, April, 1839. List of Letters, Remaining in the Post Office ut Tarho rough, the 1st ofJtpriLSM,wticH if not taken out before the 1st ' July next, will be sent to the Gent rat Post Office as dtad tetters. Anderson Henry Lewis H-ijamm Adams Henry Long J nuts if Armstrong Wm Lamps hlliott K Allsbrook Wm Lawrence J Hullock Col .1 K 2 MoorinzWm Bullock Capt WG2 Mercer Thomas N Bunting C Miss Macon Sarali Nash Wm Brown Wm R B irfield John jr Bell Olive Mrs Pender Joshua Fender Wm Parish Daniel Fill Jame PolLird Willie Plank Isaac C Parker Simmons H Rbeis n John 2 Knuntree Willie Brownrigg O Mrs Bridgers James Bennett Mark Blocker John C Braswell Willie Battle Joseph C Mien John W Cherry Eiiz'h Mr Ray J L Cobb M irv R.uhlMg J w ' Carney Rutha Mrs Ruth Mary Jl Crip Whitley Sanett Reddm Uavis Hiram B bimmonsjam - Diew Redick Shff Kdsec -njoe Devenux G P Mrs Sharpt John " Dew Zachariah Shelton liunveu Kdrnondson P Simmons Wm Kllinor James Staton Roderic Furson Jos M Sasnet Z-rh n (inffin Suan Mrs TeirellH w Grimes Stephen Gnffis Edmund 3 G orge James Hunter C G 2 How. II Irvin Mines Pelpr R Taylor Elu'h Mrs Taylor Kd'ed Thigpen lk"0, WhitOW BeJ Wood Wm M WarrlfharloiteM'8 Haney Rebec'a Miss Weddell Jnj" Howard George Wilkinson 1', Higgs Mary L Miss Whitak.r Ju .lone M A Miss 2 Williams" Johnson Aaron Jones Calvin Jones Aa Lewis P M Windon Lyaw Williams Wm Williams D'J Wimberley K V Warrpn (' W Long Robert cuueri n it JJS. M. REDMOND,?- 100-S17 64$.
The Tarborough Southerner (Tarboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 6, 1839, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75