1 1 . j.
Mist r-c:
'-.enact Ua.,
a 1 7 t- Ccacrl
pejur Court.
. This tiiLuuoJ is hi MMiug this wctk.
Oa yeatenlay, nujwiity t.f the Justices
Iting present, th ordinary County busl-
i iu transacted. Tbe Cvautjr taxes,
iurlaulnj those Ch the snpprf of the foot,
wert iMnaJ. , TLe awouut It cqual'to
.that (bf Stet purposes itl. 23 . peg cent.
aJJsdthiwto. Tho hoU amount of Uiw
ttUpai4bytW people of this County,
State an! County foclasive, will be
not on tho 4100 valuation of real estate,
tU the pvD, and all other subjects of
i taxation h the samp proportion. X board
ef?. Warden of .the ror were aba ap
pointed, will" instructions to male equal
nrovisioae tor the maintenance and inpport
a paupers, without distinction of color. '.
v i Th ftiace of the CVnnty appear to
febt very eCdiafactory condition. From
jS-wvf f.tfie Ccsrn'tte ah Fhnaee,
' Mi'UU th claims a gainst-the Coun
ty passed If theeouuaittee and rrcommen-
- dud to he paid amount to $2,322.2.5, which
"... sura includes the claim ot Sheriff Walton
ht hut year scaled 'anon what the com
nutte think a just principle.
Thar hooded debt of the County ia one
bond, pajahle in pecie, for 1,000, and
ether hoods, payable in Confederate money,
amounting- to about $6,000. The commit
tee recommend the Court' to call in tha
Confederate bond, and acale the principal
and interest doe thereon, and for the amount
so scaled to issue new bond, running from
fbor to lix years,, and payable in the ear
gencr of tha wuntrr. There is also a I
considerable snm doe for Jury ticket and
County- OtdtT?, word upon the basis of
the value of Confederate money, which
tha committee recommend shall be brought
ta the Clerk of the Court and be by him
scaled, and the Talue in currency endorsed
upon the back of each ticket or order, and
that the Sheriff be allowed to take up such
claims in the payment of taxes, at such
amount as may be thus endorsed by the
Clerk, as far a the financial condition of
the County will admit.
One Dollar In (ircfnlack Fully
tqnivajeiiuoi foliar in uold.
All Debts Caaba CatlsfleJW a Van
. der of rayment la United States
XTaasarjHotes. .. . .
... .c. - 1 Jte." ke.
Superior Coart General Term.
Before Justice MorielL (janrin & Jouci.
JiAm yilMd Otk.r$r$. Edlm 2X
Muryam and Oirrt.--Th is a most im
portant decision, made by the.Ucnersj
Terra of tha Superior Court, respecting th
relative Talue of green backs and gold dot
bus. It will be torn that it decides that
a oue dollar greenback is fully equivalent
to a gold dolUr, and that all debts may bo
satisfied by tender of payment in United
Statra Treasury Botes. The (acta of the
case are as follows' j' . i v. . '
The pLiintifis, owners of tha British ship
a . ; . " .a ' -
Atlanta, vr their arenta,iieora lter:r-
aun Cx, k Cakatu, . duu icntd tie ship to
GUlandcrsArbuthnot tc Co., of Calcutta.
1 be charter party was made in Calcut
ta, and ia dated January 20. 19G3. It
contains the following clause r 'The freight
to be ptud on unloading and right delivery
of the cargo as follows, vis : if discharged
in the I nited States of America, in silver
and gold dollars, or by approved bills on
London; if at. a port in United States
Kingdom, as customary.'
The defendants . were consignees of the
cargo.
U pon the, arrival of the vessel at the
potf of New York in June, 1863, the de
fendant tendered payment of the freight.
amounting to S32,630, in United utes le
gal tender notes. 1 he tender was refused
and payment demanded in silver and cold
dollars, as specified in the charter party,
wok-a was reiusea.
The action was tried by a referee, who
found the tenacr of the United States legal
tender, the market vulue thereof was thirty-three
and onc-aighth per ctnt less than
tnat of gold or surer dollars.
By an arrangement between the parties
the plaiutiffs credited the defendants with
the market Talue of the amount tendered,
leaving a balance of $7,684 57 due.
1 be refucefe' found the market value of
such balance was, in the currency of the
Lnited Mates, 10,230 08.
Upon these facts the referee decided that
I therolaintifts were entitled to reeovpr mU
AH the seeommendations of tHe commit- Isaidnm of 810,230 08, with interest, and
The defendants appealed. Mr. E. Ter
ry appeared for appellants and Mr. A. .
Smith for respondents.
DECISION BT THX fttTBT.
'3XonelL J The act of Congress passed
February SS, 188, vrovid that tha notes
Lby that aathoriaed to be issued shalTbe
tee were concurred in by the Court, and
all persons holding any Jury tickets or
.other County Orders of the character men
tioned, would do well to carry them to the
Clerk soon and hare them scaled, and the
T proper, anrliirwt made fhoreosij a thai
they, can use them ia the payment of their
taxes.
SHoamrG Accident. A Ma ojt
Fax. An accident of a terrible character
occurred in the basement of premises No.
482 Eighth avenue, on Saturday night.
, The police and the passers-by were ap
prised of the disaster by the appearance of
a burning man rushing through the street,
ami screaming at the top of his voice.
The night was quite dark, and the specta
cle was ef a most appalling character.
They were suddenljrastOnishedand alarm
ad at first by what appeared to be a col
umn of fire about fifteen feet in height,
buratang; from tha basement of the tene
ment mentioned, and rushing down the
street at a tearful speed," accompanied by
the most appalling screams, which ap
peared to Ksue from the very bosom of the
burning shaft. The howling man of name
aped down, the street, like an omen of
deat& for nearly an entire block, swaying
to and fro, and finally tilling to the ground.
The police their became aware that the
naminr column was a burning man, whose
clothes had taken fire from the bursting of
a kerosene lamp, oecaswned by jcareless-
Bess nt tne Dasement oi aoz cigntn ave
. nae The unfortunate man (Antoine
Beichi was eared for, but it is not expect
ad that ke can' recover.4 Two "others, the
proprietor and a man named George Delf-
nuuir were also1' dreadfully burned-JNVw
Xor Express , .
saw . .rA rr
1 T Ksxr IIlm.4f r. Brooke, ofTio
g& counrr, gives in the Rural Xew Yorker,
method of keepfcg nanUTjrniclk has nev
er tailed with him. lie has fried them in
aa& ta grams; tarnmded charcoal, m dry
ashes and fewed, ,op in, cloth , and. white
' washe, but they would either mouid or suf
fes mjuriea fisem fliea ox tome . other way,
' H then made sacke for thsm of a;' yard
square of good sheeting, patting them up
befinte iniected by flies, one in a sack.
Sweet hay is eat up about one ' inch Ipng,
and put m the sacks, around, the ham,
keegHJS them; frwahe- bagr; -TJhr are
then tied up and bang in the smokehouse,
m iAmA cooLirx cIum i Hut hav and tir.-
- r j I ' j - - 1 '
cap ai moisture, . so um wry wiu am
mould. If well cured and thoroughly
ameked, one may' depend on having good
k as long as they last.
p. 711.1
Governor Orf and other' prominent citi
xens of Charleston, 8. C, propose to or
giuise the common school system fur col
ored children.
A letter from San AQtonla, Texas, aays
the Government cameLv the deeceadeau
f the herd . imported some fifteen years
At frooi Egypt, excite the curiosity of all
Mraagers. They namber about seventy,
are aa s.scs and ages, some stdl unweaned.
Only seven of the original lot are still
aliw. .
General Braxton Bragg ia Hving on a
ln ia Alabama, acting as Jigent f aft,
ochor person, lie has lost all be owned
before the war. ,
riawjni money j ana a legal tender in pay
ment of all debts, public and private, with'
ra the Lnited States, except,"
United States Statutes at large,
The validity of the act is not own for dis
cussion in the State. (Metropolitan Bank
versus Van Dyck, 27 N. Y. 400 ; Mey
er versus BooBerelt, Id.) In those cases
the tender of Treasury notes, made lawful
money by the act of Congress, was held to
satisfy a debt which had been contracted
before the passaze of the act to be paid in
the then ''lawful money of the United
States." The general theory of these de
cisions of other courts upholding the pow
er of Uongress to create other lawful mon
ey than gold or silver coin, is, that by the
omission in the constitution of the United
States to declare what shall or shall not be
a legal tender, and the prohibition to the
States to make anything besides gold and
silver a legal tender, the power, by neces
sary implication, is conferred on the gen
eral government, lience, at different pe
riods, Congress has designated what should
be legal tender. In W92 they established
a mint for the coining of gold and silver,
which, by the same act, was made lawful
money for the payment faH debta In
1793 they, made certain foreign coin a legal
tender, and Bom tune to tune have rent
Jated the value of foreien and domestic
coin. 4 "se ncis novo ,never cecaiques-
tioned ; yet the power to pass them u not
exnresely given to Congress by any pro
vision in the federal constitution. Hence
they can be sustained only upon an rat"
plication of power. Congress is not con
fined to the exercise of powers expressly
granted- Th?SnpremeX?onrt of the IIhit
ed Mates, in jJIctJulloch vs. The State of
llaryland, 4 Vheaton, 4J6, and Gibson
va. Ogdea, 9 IJ 188, wholly reiectaaav
sock limitation, and the Court of Appeals,
la the cases cited (supra), follows those
decisions. The charter of the vessel In
this case 'was made in Januarr. 1863.
nearly a year after the passage of the legal
Under act, and the . partW are jre9uined
to have made their contract with referenca
to the exislih? law. (TDenite VS. BritdkanA-'
I&TCTT1C rJor purposes of eon.
uactina aad'aiUH'mlSlnyaaTnls
parties, the place cf performance is the j
llice of tha routract. -It 1 therefore Ia
assumed that the parties were rniuni r
uic iw ui uic ij nueo, states making paper
uiuuij "fc-" vernier m payment of all
debts, and were also cognisant of the inter,
pre Ut ion of that law by our courts. . I
was substantially conceded on the argument
by the-respfindeut'a counsel that if a debt
existed in thw ease it could bo satisfied by
an offer of legal tender notes. That, it ap
pears to me, was conceding too much, as
it is entirely clear1 f debt did exist A
charter party is tat a contract fur the en
tire or some principal part of a ship for the
eottveyarf ol, goods on a determined voy
age, or for employment in other inde, and
cootauis covenants by each party. In the
cJEartcr before us it was mutually agreed
that the freight should be paid on unload
ing and delivery of the cargo". Tha lien j
! '. '.I I . i ,
bt i a uvuiJ. sl j L ut
not have difthurej t!iO e
fi-ei-hL The rijjt to c'
action has freqacutly been a
Clai kson vs. Ldea., 4 Co
470, it
held that the owner tniirU iuaint n
lien, or by action compel phvuh-' t
ia Barker vs. Haveus, 17 Jobus, ... :. i,
an action to recover frvi,'lil from tli cu.
signor was sustained sites the go.. Lad
been delivered to the consigt.ee 1 lumt
payment And where freight is 'p. vlle
on delivery of the goods, the ronslgi ! by
accepting tha delivery renders Lima f j r
sonally liable for the freight, Cool vs.
Taylor, 13 East JL 399. t Tha olli ion
to Py freight is a ih bt, whether kili.-l..l,ll.
gallon arises from an express o an li ..; 1
argument - .'Any agree iuent by .wll.i nuo
party promises to nay money to sn.thef
party is a debt So 'also any 'airomeut
which etpressedly ar Implicitly fb ( s an
obligation to pay. money is a diV 1'ha
freight due from tha defendant's r ' ;w
ora, and for which an action : conl , ...,vj
been ananitatned, was adebt hu 7 t.r
coilld have satisfied by payment , " C'-
renaants, as consiiiees or V e
tha mere factors or agenU of the, eutisign'
ors. (Story Ar ( .33.1 Payment ,.br
them would have discharjjed the- 4-bt of
it f .t rrva si
tneuf pnncipai. I ne argament oi ine re
ipaudents counsel proceedt pon ..thfl
ground that no debt existed ' as between
the owners and ' consignees. - lie seemed
to lose sight of the consignors' argument
to pay freight (which agreement created a
uew;, and atso oi tne duty, as weu as
right, of the eonsigneca to satisfy Such
debt of their principal by payment And
the question is not changed by the position
of the parties on the record,- especially mi'
der the stipulation in the ease. But the
main question is, can a contract to pay In
silver or gold dollars be satisfied by pay'
ment in any other kind of money I- Con
gress, by the legal tender act, has made a
Saper dollar equivalent ot a gold or silver
ollar. Havintr the power to establishand
regulate the Value of coin, it has depreciat
ed the value of gold and silver coin, for
every purpose cognisable by courts, to the
level of paper ' money, and has declared
that one of its notes, representing the val
ue of one hundred cents, shall be equal to
a gold or silver dollar, representing , the
value of the same number of cents. The
power is not confined to paper money.-
Any other substance might be made the
medium of exchange and declared Iswfnl
money.
- 1 he uncoined and unstamped bits of sil
vers of the ancients, which were weisrhed
out, and not counted, and-tbe wampum of
the Indians, were . money. ; .Money ps the
mere representative or supposed represen
tative f definite value. Hie precious
metals among all civilised nations are' the
usual ccepted representatives. Gold and
silver are standards of -valne which regu
late, in greater oiLleaidegree, all jiiLis
value. Any other .standard of value
would do the same thing. A toa of coal
or a barrell of flour, if made by laf the
stannard of Value, wonld regulate anl ad
just all other values, gold as well a mor-
chandise. Uold and silver coin at their
establishep value, for all legal punioscs,
do not change ; they are never depreciated
or appreciated. It u erroneous to tfr th
market for gold fluctuates, except when it
is trafficked in as a commo(Jityi Afcoiu,
or a medium of currency, its value a Jiied
by Jaw does not change with, the mutations
f trade and " commerce. All other things
riser fall th the fluctuatiofis 'of business
by cpmparison merely. Congress having
created paper money, and rendered it aom-
lnally, for all legal purposes, equal to told.
tlicre no. longer remains, in-legal eiMitem- fpay a sum of money in gold a recovery
ptation, any difference between them.
The practical of 'actual depreciation bf tie
former below he value of gold is n6t pro
duced. oy any law, but is occaoioned by
the Jaws of trade, of supplylbd demand,
and otheY causes for5 which law is npt
accountable, jjsedjn commerce witllpTr-
eiem countries told and silver are the only
accepted mediums of exchanauitliejr
value is attributable ta tbeirraiveml apr
precUtioh and currency amotlf lilt naiou.
in domestic commerce, howtrcr. they lose
some of- theirTrpoctance bwie sapstith-
tion of jther standards "of value, which
arejnade their equivalent. As an artitl
mritraffie, geld, either in coin or bplIIofTi
regulated by the same rules that fveti
other commodities. Contracts tor its" pur
chase or sale are valid, and are regarded
likeconfraetitUtne Urehase V sale of
merchandisei u There is a wide duTereqae,
however,, betweeft' 'igold 6'sUvcf ' a bier-
rhandisa . and as money, .A contract to
buy or sell gold cannot be specially -en-forced
n, action' for damages being en
tirelr adeauater the rule1 of dams ires be
ing m "such a case, probably, the' market
value of gold, t As chxulatingmeduims,
gold and silver lire not subjected to any of
the rules or principles which regulate con-
tract -It la used only to purchase- prop-
. ; ,,: -, ,., . ,. (l.'l. .'. ; ...t-
nt l : r, C I't, 1i t 5 ; 7l':, see Hull
1; 13 IJ. 1J.) Ueh louJd and liot t,
bi p ver, ero to L coiue a part of the pub
liO dilt of tbe country, and were accord
ingly brought within the gnat leading
pihuipla of tha government, of paying iu
specie., which, has exisud at intervals for
more thau" tbrea qnarters of a century,
having been origiually enacted in 1789,
r-etuu:Ced In 1840 aud again in.'' 1846.
Tbe exception, therefore, in the sUtute, of
duties on imports and Interest on tbe pub
lie debt as well as all subsequent kgisla-
tioa ereatinr ar prescribing' tha manner of
payment of the public debt, are but re
enactments of the acta referred to, an4 ea
fecial v f the act eommbnly denomlnafed
the Sub-Treasury act, passed by CongreU
ia 1840 (5 U. S. Stat at Large, 3&5
and the act of August 0. 1846. (9 Id.,
69.)., Those acta providod that , all anma
accruing or becomipg payable to tha Uni
ted States for duties, taxes,' sales, of pub
lic lands or other debts, should be paid In
gold and silver only, and that all payments
by the United Butts should also be jnadd
in gold and silver coin only,-. It, wa ,' not
upended by.tha-Legal .Tender act pt 186
nor by any of the subsequent acts,', to
change the policy of, the , general govern
ment of paying la specie, and tha excep
tion, therefore, became necessary merely to
presxrvejjlig provisions of former statutes.
Since the passage of the act' of August
1846, payments, to and by the general gov
ernment iiave been made in coin only, or
in notes ifsued under .the .authority of the
United States and directed to be received
by law. In thus following the long estab
lished practice of the government of pay
ing In coin only. Congress has hidicatnl
nothing that could be construed into a de
sign to create any legal difference between
gold or silver and paper money, as a legal
tender in payment of private debts. Indeed-the
exception gives force and ex
plains the. meaning. oX. the previous parts
of the scntesce. Froiu the views which I
have here expressed It follows, necessarily,
it seems to me, that a contract which crea
ted a debt, which debt can be paid with
money, can be satisfied by any money
which is a legal tender at the time tbe
debt is to be paid, and can be satisfied In
no other way. Indeed I do not see how a
Contract can be framed by which a party
to it could- be coinpellodto pay mony in
sliver or gold, when some other substance
is made by law sufficient to satisfy the
debt. Let ns test it by example. Sup
pose the ilainlitTs had sued to recover the
freight, would the judgment have been for
so many dollars in silver and gold ? Such
a judgment could not be rendered. The
recovery" would be "for so many dollars,
and the judgment could be sationed by the
payment of the number of dollars, in any
moneo which was a , legal tender at the
time. The defendant's eoftsignorf 'had
agreed to pay a certain sum of money, and
4W had r& -th4 it otwwtld W- paid In
silver and gold dollars. Vrmld the'&wmm
have requireiTa specifie pcrfermance of the
contract t Certainly not. It was -to pay
money, not gold and silver dollars, and
tlwrnirra of-moueyonly was recoverable;
This rule is recognized and well settled
when Applied to contracts payable in chat
tels (rinucy vs. Ulcnson, 5 Wend., 393;
Rockwell vs. Rockwell; 4 Hill, 164.) I
know it is said .that the practical or mar
ketable difference hi yalu of paper money
and coin inUBt be presnmed to have been
within the contemplation of parties engag
ing to pay in coin, and that, therefore,
such difference should be recoverable a
damage, and such seems to have been the
view taken by the referee in this case. It
is uIbq supposed that ttpou a contract to
may be had for the value of gold, as as-
T . ii .l ,
certain exj oy comparison wuu impr wuu
er. - But the dithculty with the sugges
Hon is. that it doc not rccbgnize'or admit
the distinction which exists between gold
as 4 commodity of traffic and gold used as
money A contract to deliver one thous
and dollars of gold is a very different con
tract from one to pny sttch sum in go!d.4-i
tm r' l"r -tl ' r 1
. i ne iormer .can oe snccincaiiy eutoreeu,
find the other can be sarisfied by gold or
its equivalent . Money, being the common
measure of all -things, baa not, like other
things,' any particular function. 1 1 takes
the place of all .other things, but is repre
sented only by standards created &y law,
Bat gold in bars is no more "money" than
are pigs of iron, lead or copper. Like them
H may be bought and sold by weight'; but
until it b " coined " and lie value, of the
com ia, ascertained and declared by law, it
is no more a medium of exchange or cur-
jrency.than any other metal would be.
I am unacquainted with any rule of dam
ages for the non-payment of money other
than (be legal rate of interest upon it At
common law not even interest was recov
erable, either as an incident to the debt or
otherwise; but statutes and adjudications'
have relaxed' the common law, and it Is
now allowed as damages (Sedg. on Dama
terrS34fenteWsT layi ' DoCTliv;
tK v., aec. 1, ia the namfrepplied-te' the
- i .i - . . . i
, .. , I i t- 1 i
f. relia: IU yaUM b-tfell J iij.) t aii
money as JiiiiiMes; nor upon any pum-i-T,ld
ski !ituLlo to the six ciiio tH rforuiunoa
of contract; and no other principle has
lxon iu7tiitcd upon which It can be sus
tained." 'lie contract In this ease was to
pay a sum of money which became a debt
The offer of money which bad been made
a legal tender in payment X all debts, was
sufficient to discharge tbe obligation and
the agreement to pay in silve?" and , gold
dollars had no greater effect than If it had
been ta pay in tha " lawful money of the
country. ' But the question ta' kotoear
nor whhont authority. The easea in . tha
Caart of Appeals, before referred to, sub
stantially 'deteralne 'the ones tion, The
moment the validity of the act U usnmed
the eonsMuenees flowinr from it are appa
rent ! JudMi DaViea'savt fpare 4 .TO) M it
ia the lawful money of the United .States,
made lack by its authority, that can only
be effectually sed in payment of debts,
without reference to the intrinsic value of
tha thing tendered or paid." , Wa ere re
ferred on the argument to decistpna Bade
in some of the States of the Unions enter
taining views apparently opposed 4o those
I have here expressed. As .we have been
furnished With only newspaper reports, of
these eases, we cannot be certaia ' or tbe
precise questions raised and decided. The
case of if ervine vs. Sailor, in tbe District
Court of Pennsylvania, held that a quit
rent payable ia "lawful silver money"
could not be extinguished by the payment
of a sum in gross in legal tender notes.
But the decision was solely upon the
ground that tbe quit rent was not a debt,
and, therefore, not within the provisions' of
the legal tender act. The right to satisfy
a debt with legal tender money ia folly re
cognised. The rent in that case was pay
able in "silver weighing seventeen penny
weights and six grains," and the learned
Justice Hare says, that neither could - the
payment of sucu rent be specifically en
forced, nor could the difference in value
between the silver and legal tender money
be recovered as damages. . Two nisiprius
cases in the Supreme Court of this dis
trict were also referred to (Chapin vs.
Pretzfelder, Prouty vs. Totter) and one
case at Spt-cial Term, (Lubing vs. Atlan
tic Mutual Insurance Company, 3 How.
Pr. 11. 69.) The first two caes do not
seem to have been much considered, and
the report of them is oo meagre to enable
us to see what was intended to be decided;
and the last case was a proceeding in equi
ty to require the payment of dividends in
gold. There is nothing, therefore, in any
of these cast's, beyond a mere dictum in
two of them, which is hostile to the views
we have taken.
On the other1 hand, we were referred to
numerous decisions in the State courts, ex
tracted from newnpapersr sustaining our
positUtn. The only one which has got
into the books is Warnibold vs. Schlicting,
16 Iowa, 843, in which the Supreme Court
r 1 1 ii i .Mi, ii ,
-payable in " United States gold " was sat
isfied by a tender of legal teuder-iietrs; -The
opinion of the Chief " Justice is able,
aiul his reasoning, to my mind, conclusive, j
My conclusion is that the charter partv,
requiring the freight to "be paid in silver
and gold dollars, could be satisfied by pay
ment in legal tender notes, and that a ten
der of the freight in such" notes discharged
the debt. I ho referee should, therefore,
have held the tender sufficient, and it was
error to award judgment for phuutifls
1 he judgment must be set aside and a new
trial ordered, with costs of the appellants
to abide the event. The order of refer
ence must also be vacated if either party
desires it. .
Garvin and Jones, Justices, concurred
V
1. .'.- 1, .1 . i I I y i w ij:
Linn, m tiny iic liiviijjiil 1 y iiu iuiii
v il tod we recepiued as a lute mem
ber of tLo Temperance Society:
'. " Jukn Alrokoniy Jo John,
brrl w long Ulnt,
Altheiiirk I'vatrtrt luleat yoa, Julia, '
- : l'i4uondotitllliiT!
Yn,lknuRkUMtnltJil(OMb7
VS's'ss ivlW Uironk mmi waw,
, mq svv i"nnf i ll But iMvtoa,
. Juba Aloolwl, mj Jo I , 4.
J!.a AUfcoLai, J.Johs 1 -
Yoe art s elvvar rsLua,
isd wbM laMbed, my Jolly lad,
YoaaikluaMkwlaoamxaa,
.lf:'lTH!f rwsifiiea Um mft pbdfi,
im twnmgw HIUN MM,
" -VT I ' whtnusd ypw alnsoBM warr
Jvba alcohol, j Jot j . .
Jo,b llcohol, sir Jo Joha, k
"' WsTstrsTsled throujk n wsauW" "
As4 ' sink or owun, Uvoor 41a,
W-llMlUkrMoirMlMr; '
Ja4 if. tasUBulaii lir rogk'U.UV 4 f
7 Unrebltlii. vos kfowv. - i ' .
1 1 ; fls'U botk bo bsr&4 ki hj al Jo, f f 1 j y
-' Joka Alooaol, aiy m" - ! '
u taooomit taoes benaftaad sua Uuaks tbs so."
ailmpreslcd With the eaidy sibid pathos
of the strain, bat pitylpg tha'condition of
the eohloquixer, we wended our way home
ward, Inwardly ruminating ba the sad de-'
gtracyof poohuma JUt-Xorulk
' An interesting' case, aays an Indiana ex
change, has just been decided in the Su-
Sreme Court of Indiana. A man named
. O'Reilly, deposited 'money in Fletcher
4c Sharpc's bank. In March. 1864. a man
representing himself to be O'Reilly, but
in reality an impostor, went to the agent
of the American Kxprres Company, at
Areola, lib, who was also the telegraph
iterator, and rot him to telerranh to
f letclier Ic Sharne for tlOOO. which w
accordingly sent ( The real O'Reilly re
eovered the money ef the backers, who In -turn
seed tbe exnrefrs eomnanv. and rot .
judgment in the common picas court. The
company appealed toihe Supreme- Court,
which tribunal has just affirmed the decis
ion of the lower court, with two per cent,
damages.
MAG GIRL'S
FEVER AND AGUE CURE.
D. J. MAGGIEL'S Fever and Ague Pills
also cure Chills and Fever. ' They are an in
fallible tonic (or the svstain in all mimimatui
districts, and should be kept, in the uieilicino
chest of every family.
A box of PILLS will be sent free to any
Buffering with the above complaints, aud no
money need be returned by the patient until
he feels that he is getting cured by the use, of
MAGGIEL'S CHILLS and FEVER PILLSj
nr They are sold by all Druggists at ffi 00
per box, and a perfect cure is guaranteed with
from one to three boirW, if the directions urta,
implicitly followed. ' ' ' '
IIT Sold by all Druggists and Dr. J. Ma-
htuh bum -to 'wnTin afr'Jra.'rs'BnoiSir te'
addressed.
debts, A paper dollar having been mad'
equal to a goM fol)ar, ttmnit boa
ashiaJUaIcwA
the. payment of money, and no form or
force or words can be used by contracting
parties tr give to a gold dollar a legal val
ue as money above a pvper dollar. A dol
lar Is one hundred eep.fi, ao more, no less,
whether it ia silver, gold or paper and
when Congress declares that a paper dol
lar shall be current, and pass for and rep
resent, and be of the value of one hnmlrrd
cents, for 'all purposes of trajiic and pay
ing debts, it becomes the equivalent of
one hundred cents in any other substance
or form. It has been strongly arged that
Congress, in declaring paper money a le
gal tender la payment of debts, baa lecog-
Alaa ! for Poor Humanity.
A short time since a temperance society
sprang up in a Village not a hundred miles
fironrthis city, under the most anspicioiis
I 1 1 " 0 . r It 11
circumstances, and ior a unci space " ail
went ' merry as a marriage bell.'!.'. The
cause found many advocates,, and a great
number of recruits were added to Its ranks.
John Barleycorn, at least in that section
of the moral vineyard, seemed to be at last
doomed to the. ignoble death which the
three eastern kings endeavored to fasten
upon him, when, according to Burns,
" They took a ploorh and ploughe4hlra dowa, "
Pot clod npon Lia bead, .
Aad they bavo awora a Mlema oath '" '
John Barleyeorn waa dead; ,
" Bat tha ekeorfal aprinf earn kindly oo
And abo-era began to fall, , . .
John Barleycorn gotapagain,
And tore arpriiedlliem all!"
And, notwithstanding the war that has
been so vigorously waged against, and tbe
anathemas so copiously showered, upon,
the devoted and seemingly inanimate head
of the much persecuted but genial (John,
the efforts of the society indicated have
thus for proven as abortive as those, of the
trio of crowned, heads, and Barlavcorn still
holds bis court, and is receiving back quite
a number of his recreant votaries who but
lately-left iifir'BSme lif tFese
admit that they never" lost their allegiance
ereditprwlirxlff entlttedta iwrn-TsPSBnT
of money from his debtor fa default" The
loss experienced by those who are not paid
at maturity is as "diversified as the nse they
might make of tbe money, and as unfore
seen as the wants from which the injury
might arisen But" no such loss is recover
able. The damages are limited to the in
fliction of interest merely." The recovery
of tbe'edrrent rate of hange' besides in
terest, upon a debt contracted in Great
Britain j was refused in Martin vsrFrank
lin, 4 John II., 124, and id Scofield vs.
Uay, nv to., iuz, and t oo not uiink a
aiaed and preserved a distinction between j a contract to pay money, other than inher
it and coin, and tne exerDtion fa the stat
ute, of duties on imports and interaston
the public debt is nalnlv ndlpd on to m.
tabluh such distinction. It is' true that
Congress , baa also, from time to time, au
thorised tha issuing of bands and ' notes.
sure of damage for tbe non performance of
est, upon the sum in default To adopt
any other ea?ure would destroy the effi
cacy of the Legal Tender act, an limit its
effect by admitting fictitious values to reg
ulate the damages. - -Tbe
plaintiffs' view cannot, therefore, fa
t Old John; bat merely -tanairthrfgeriitypsrptry
jttapniiuion on;" v auapiayed temperance,
while others chum to have been fatUiful,
but allege that the flavor of the "flesli pots
of Egypt," waa so oderiferous to their ol
factory organs, and brought so vividly to
their recollection the merry days of auld
lang syne, when they pursued their " spo
radic excubations" interlarded with w pota
tions bottle deep," they floated like fairy
visions before them, and, as a willH)'-the
wisp, lured them toward their, former Bac
chanalian haunts tilltbei courage ooxed
out and their good resolutions, like tbe
Thane of Cawdor's air-drawn dagger-,
ty Caution. I have noticed with much
pain that many Druggists, both at home and
abroad, are offering my Billions and DiarrWa
Pills to patients for the cure of Chills and Fe
ver, and Ague. My Billion aud Diarrlireu
Pills are infallible for what they claim to be,
but nothing more. Do uot then be Imposed
upon. My Chills and Fever remedies have
their name on the boxes, and are entirely dif
ferent from any of my other medicines. I have
been at considerable expense to have a label
engraved dilficult to'oounterfeit, and it is hoped
that the eVmsumer will narrowly scrutjuizti
what he purchases, purporting to be mine.
T J. MAGGIEL. M. D.,
dwlynoJM 43 Fulton St.,.Xew York
A IVcw and Grand Epoch in
Sledicine!
Dr. MaggW fathc founder of a new Medical Sjntem!
Tbo quaatiUriada, whooe vast Internal dose enfeeble
the atomacb aad paralyse the bowela, mast five prece
dence to the man who rontons health and appetite,
with frcyn one to two of fcb aabmoralaary Pilta, aad
eorea tbo noat (relent aorea with a hot or so of hia
wonderful and all healtna Salre. These two great
specifics of tho Doctoi''are ftat superceding all the
ateotrpedntramof tkeday. Extraordinary caroa
by Vaggiel'aPlUs aad fialro have opened toa ejea ef
tho pobHe to Oe roefllcleacTof the (ao sailed) lemediea .
of nthora, aad apoa which paaplo havo oal g tilladty
depended. Hagglel's PllUara not of tha olaaa that,
areiwktlowed Dythedoien.W pf' which every box
nil lakea oroatea ani ahaolafo aeoeaaitj1 for anofiier
One or two of MaswioTt Pilla aaOcss to atoeo tbo bow
els la perfect order, too the atoataeh, oroasa a appe-
tita,aal vender the pirita light sadbooraatlt. There
ia ao griping, aad ao rracUoa ia tbo hrm oToonatipa-
Uoa. If the Urorle affected, ttofanctfonaaNieatored;
and If tbo Bcrvoos ayataul is feeble, it is Inrigaratad,.
Thlilast qaality makea tho medicine very aeairablo
for tbe wanta of delicate female. ' Ulcerous and erap.
tire diaeaaea are literally jctinguihed by (he diaenfec
Uot power of If agglePa Salvo In ftwt, it b Vroaa. .
nouoced that Majcgiol'i Biliioua, Ikprptio and Diarr
hea Ptns rara where all otben Bill . While for Burni,
tldjJPula!p?nks!ld...tU Sbrajloaairf Ibaakai -MAOT.IEL'ii
8 ALVEIa infallible. 8old bv J. II in.
Iauit'4l Folton Street, Kew York, and all trag(rlU, at i':
case can be found which sustains any meaWj4-wtd 'awaf Into thin air," and they
again returned to the scenes of their former
Be that as if may of their actions they
must be their own censors with that we
have nothing to do; but on passing down
High street, Portsmouthlast night, a very
timber object, moored, to a Lamp post, met
the gaga of ye local, and being as usual on
B. P. WILLIAMSON & Co.,
Commission Illcrchanlfit
R A LEIGH, N. C.
I CELL on Comniifwiou Cotton Tarns, Sheetings,
f Bacon, Flour, Lard,' Dried Fruits, W hisker,
rsranaj, inu an uuui w ouaniry proaaee.
TPex'gt-Jganuy on rtud fes salo,-
Plows, llow, a tea, b ho vela, Bpades, Cora Snel
len, and all kinl of, Agricultural ilmplemenU, .
Hardware, r Wsxeaud Groceries rf-erery do
arriptkw. - m
They respectfully solicit eontagnments from
Fanners and otbera, ia the western part of the
State, and pledge themselves to give their beet
attention to all orders and consignments entrort-'
ed tothetn. '
BegtorefertoMeCublan Foster at Cb Salis
bury, Tod. E. Caldwell, PresX, S.C. E. K. Mor
gantoa, i. X. Kooebro, gtaiMvillo.
sprill.-eg. - t- aoltf
, The Weekly Old XaTorta lUta
Published fpcrjr IridayjU 3, per amnvm.