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' ' ; .-"' AND - , . - , " 'v'-'" - - c 'w'r;- V North-Carolina State Gazette. ; ; " p"; Oar tr th pUaa f ftlr dcllghtfal Petce, , .rf-1 - w J, V . . . . Utrwp'd by party re, to !le like Brothers : ' V V t"?r "T it '' "' VOt ; v tato I5rs(strr. DECISIONS Uth DPrME COURT OF X. CAROLINA. 5tn,M The Editon the Reriitrr, believin? that a .,Klicuon t the close of each Term of the Supreme Court, of the decUions whjch uic pUce, will prove interesting, not only to the Prtiet concerned in the Suitt, but to mant otber, nire aeiennincu upon pru- . -ti. .rk. r.. od curing irom uic vici. w. ".. frtn correct ui 01 such mu -r mmiinir such Publication. The follow. ;, - the Cases decided at the late Term i ort Teir r. John D. White's Ad mis- tntor, from Bertie I'laintitTmay amend his .irr Facias on pament of costs. Hirul 8t Hanal r Ercrett's Executor, from nit New trial re! usee Williams t Josiah Collins, from Ber tHil in-anted rvn on Demise of Tenelope Clinton and o. trial refused. Den cn demise of Penelope Clmton and o- Owen Holmes. Trom uumoeTiana fr a nevr trial refused- 'cbaries Mallory Phil.Hodpes, &c. from rrJirrlanil No Attorre fee is to be tax i n motion to the court to award execu ; that the Sheriff is entitled to onl one rf eomroUiions, and the Clerk is entitled to .i r h fees as allowed for like labor in other Wm rnimrsier. Abner Nash Vail, from Choxn The securities for the appeal are .k-..l fmm th-ir 1ihilitv to the Pb miff, and that they take nothing by their U to hare the Plaintiff', execuuon a- nirut Uem set asme. I)u 00 demise Evans rt. Thomas Sater- ftki, from Chowan Judgment snouJa De nndered for tKe Det ndanU SareVs Executors r. Littlejohn IS Bond, fai Chowan New tnal refused 'itbn Creecy v$. Eilward Hall and others, tm Chowan The Plaintiff cannot recover rf Defendants in this case. Martin Collins t. John Graham, from Lin colnThe Plaintiff is at liberty to shew that lie sfcuri'.y which he has pten is good. James Cathey t wooaiy rora, irom L,m )!i A new tml pranted. Carle ton r Blood worth, from Duplin Tbe rerdictin this case to be set aside and a too -suit entered Urn'mfc t Daniel Glisson, from Duplin The Tordi chained in the Plaintiffs declara tion, riz. "She itavh" are not actionable in themselves, that the TerdietHn this case be set aside. Ceorje Gbbs r John Foote, from New. HmcTtr New tnal tefnsed The Goremor vi. Henry B Howard, from New.Hinoref The demurrer over ruled, and tie plea since the lat continuance sustained. Trustee of Sampson County the late I She Tif of saidc unty The Plaintiff may proceed ia lunmary way to recover the monies claimed. Eanlett Tyler the Administrators of Tbo rui Pery ns.dec'd, from Warren New se tsrity tobeiTtn by the Plaintiff to prosecute 4 suit, or the suit be dismissed Richard Russei r Presley Hinton, from .Vanen The Defendant woia summoned as a Cam'rshee thall be discharged. Henry G Williams, chairman, tw. t. ohn Trts, sen. from Warrtn Nw trial refused, atd judgment etteied for the Plaintiff ujxm tie point subraiiied. Hauser C.Ucrran v Black If Mann, from Steves Dercurrer of the Defendant overruled, sad lei ye given to him to answer. Charles Bagge ar.d others the Assesors m Stokes County The lots of land, &c de acrbed do not constitute a town within the ceanirg of the act of 1803, and are therefore tot liable to be taxed as tjwn property Jeise Canwright x. Jesse Godfrey, from Car dtn loswet cf the Defendant cannot be le read in evidence on the trial of the issues of cf fact New trial refused . Den on demise rt Lindsay John Ben fort, fren Camden Judgment on this special ver dict fcr the Drftndsnt- Eliza. Whitehurat, Hers w. Enoch Pr itch vi'i Eaecotors, from Camden Distribution to be tijade fcr c tfita that the residuary le aiees are entitled each to an equal ahare cf tie property contained in the rcsduary clause fEiKh Pri chard's w.ll. The Governor, to the use of Partridge's Ad rain vrau r t. Folso'i and others from Moore Nonsuit was regularly entered Ituc Will ams lUnry Branson, from llocre-tNtw tnsl granted Berjey Macay ard others s. Wm, Macay, frtta Kowao -CtrcumstaiKes in special ver dt not suoent to imply a revccaiion. Wra Taj lor v Alexander Burgc from How. ln New trial granted, Mr- ry Verrel t. John Trex!er, from Rowan davit sebmhted suctest fcr a continu tixe to procure addit onal adavits, Den on demise of Man and others v. Thos ry and o'hers, from Ro wan Judgment for Plaintiff . Patrk Brown t. Ephraira Fraxier, &c -m Hertford Verdict set aside, and nonsuit tered. Brjamin RobertK Assignee of Eli Moore, Josepu Jones, from Hertford. The set-off rtd in evidence by the Defendant is dual d-Judgment f r the Plaintiff. Jjohol Driver's Ex'rs Jas, H. Key, Crom Hertford-. Arrest ct Judgment overruled "fir-L w 4wn cub, ofce. trom I m- IIUIII we Costs on Drmnrrri are dlrrrrlrnw the presiding Judge. iU Governor, to tbe use of BenJ. O'Kelly, JHawkins,o.fromBorke The Plain- aentnled to recover. .rfc State . Ia. 7r.;.K fpm n-L. Samuel Wellbornew. the administrators of N. Gordon, dec. from Burke The adminis- trators emitled to their cost, '"iatel,. and heirs at law upon a Scire Facias. James and William Henderson ur. Origin D Dwieht. Assignee of Michael Moore, a bank. rupt, from Burke The writ of "error in this case should be dismissed, and judgment enter ed for the Defendant. Henry Hunter w. Simon Whitehurst, &c. fr m Halifax Injunctions d -solved. J. Hamilton w. A Jones's Executors, from HalTax This suit has not abated Wm MuVs Excutors .V. John Sewarrs Represent ives, from Halifax The Court of I Ed'itty can apjoini a Guardian. J Alsti n ard wilt V4 lit nch & Arlington, from Hariux Demurter sustained. Henry Warren w Alsey High, fram Wake Piai im to pay costs of suit Caswell P- wellv. Sam'l Lyles, from Wake Judgment for the Defendant. Tho'a Barnard. Wil'ougby Whre, from Currituck The act of Assembly regulating ;rnceedmgs on warranta does not require the day or place of trial to be mentioned in the warrant. Jas. B t ay's Orphans Wm. Brumsy, for.' mrr Guardian, trom luintuc ! hat the choice of a Guardian by Oiphans in court does not necessarily destroy the authority of the rirst Guardian, especially without notice and evidence of his abusing his trust ; but the coun ty court may remove a Guardian, on a proper case appearing bet' ie them Wm. Ellis w Geo. Gee, from Chatham- New :r al refused Jas. Duncan and wife Parish SelPs Ad mim. rators, from Chatham The Plaintiff is rtt.tled to recover c T " Hie Clerk o( Granville to the Court -The x no Attorney's fee upon the Court to award execution : that the Sr.eriffis not entitled it double commissions ; and that the Clerk is entitled, on such motions, to such fees as the law alU -w him for like labour in othtr cases. Peau &Kitirrll rt, Sh ad rath Parish, &c. from Granville Mary Parish wa regularly dis charged .under the i solvent act, and that De fendants are not liable B resale Lrwis v JohnThomas, from Gran. Villr New tr al relu&ed Cru;cher w Walker, from Granville Bill dismissed The Wardens of the Poor v W ilham M. Siiecd. from Granville The Defendant is not liable to pay the penalty sued for Judgment lor the Defendant Jam.. Child, Assignee, &c. t John Deve reux, from Orangt New trial granted. Anthony Rickets vi Dickens cc Wait, from Orange. The action of covenant will lie upon ibr warranty set forth Judgment for Plaintiff. AitdrrwG bson e.Jess Lynch, from Guil ford The appeal dismissed, m. J.ane Mordecai Lane . Ad.-ninistra tor trom d The nonsuit was regular; the affi davit of the Justice ought not to be received to .hew that the nonsuit was irregular The evi dence cf the Plaintiff's debt may be with drawn, but the other papers cannot Den on demise of Terrill Peter Mooney, from Rutherford New trial refused. Jas. Miller w. Lewis Hunter &. others. from Rutberford The debtor was regularly dis charged, and the Defendants are not liable. John W. tlorner s Administrator v John Darliug, from Paiquotauk New trial refused- V m. & P. M. Siocumb w. New by fic Pleas, from Perquimons New trial refused The Mate t Jas Patterson, 6tc from Ca barrus The Superior Court of Cabarrus has not jurisdiction ot the one nee charged to have been committed m another c uuty. Pen i.) Duck vt. Siept.en Gnce, from Frank lin-Judgment tor tbe Plaint. if on tbe points submitted Christopher Dudley Rob't Car molt, from New-Han jver The arrest of judgment over at ruled J a. Exum, Guardian, Stc w. Hyder A Da vie and wile, ficc trom Northampton 1 hat Mrs Dave, s'ster of Hat wood Jones, inherit ed the lands in question equally with the said nutwood, and is entitled to a moiety of the rents and prolits. Dnl Smith tv. Obed Williams, from Ons low The parole evidence offered by tbe Plain- nd is not admiasibic Judgment for the De fendant. Den on demise of Dickenson and others w Jordan 2c Blount, from Pitt On this special verdict, Judgment en ere? for the Plaintiffs. Frederick Fonville vr. Solomon Cacey, fr m Craven The Plaintiff is entitled to a recovery. The Executors of Robert Adr.m t. Thomas J. Robtson, from Duplin New trial refused. CC7 -J fra othtr decision were rhade in which tht Judge had not Jiled their opinion . The. Abbe Gregtjire in his letter to Mr, Bar low, published in a late Register, mentions Vincent St. PauL The friends of humani ty will thank us for bringing them better acquainted with the character of this great and good man, as portra) ed by the celebra ted Abbe Maury. St. rixcEjrr de paul. Of all the subjects ol Panegyric, which the modern history of religion affords the best, in my opinion, is the eulogy ot St. Vinckwt de Paul ; a man of great vlriue, though possessed of but little re. nown ; the best citizen whom France hath had; tbe Apostle of humanity, who, aftei baring beVna shephudin his child hood,,hath left in his country establish ments of more utility to the unfortunate, than the finest monuments of his sove reign Louis XIV. nil, Preceptor of the Cardinal do RctyiiexS?lto,1 anrlthemcdy ne was, successively, a slave at Tu- Minister of a village,sChplain-Geiieral j ; Gf the galleys, Principal of a College, j Chit.f f h mlnoni and t0inuCom- missinner of Ecclesiastical Benefices. He instituted, in France, the Seminaries of the Lazarists, and of the Daughters of Charity, who devote themselves to the consolation of the unfortunate, and who scarcely ever change th.-ir condi tion, although their vows only bind them for a year. He endowed hospitals' for foundlings, for orphans, for, the insane, for galley. slave?, and for old men. His generous compassion reached oil kind of wreichedntss, with which he human species is oppressed, and monuments of his beneficence are to be found thtbugh- out all the provinces of the kingdom. When reading his life, we remaik; that nothing does more honor to religion, than the history of institutions formed in fav t of humanity, when humanity i beholden forlhem 'th ministers f th altars. Whilst rungs, a-tntd agmt each other, rav.tge the earth already laid waste by other scourers, Vincent dr Paul, .he son of a husbandman of Gas cony, repaired the public calamities and distributed more than twenty mil lions of hvres in Champjgne, in Picar dy, in Lorraine, in Artois, where the in habitants of whole villages were dying through want, and were afterwards Ittt in the fields without but ia), until he un dcrtook to d-friy the expences of inur mtnt. He discharg :d, for. some time, an (,flicc of zral and chari y towards the gallics. He saw, one day, a wretched galK y slave, who had been condemned to three years confinement for smug gling, and who appeared inconsolable on account of his wife and children hav- ng been left in the greatest distress. Vincent de Paul sensibly affected with his situation, offered to out himself in lis stead, Sr, what doubtless will scarce y be credited, the exchange was accepted. 1 hi? virtuous man w is chained among the crew of galley-slave, and his feet continued to be swollen during the re mainder of his lift, from the weight of those honorable irons which he had ! borne. It is evident how much an action like this is capable of suggesting to the mind of an Orator ; and that he would be un worthy of his profession, if he related i; without shedding tears. When this man came to Parii, found- lings were sold in the street of Si. Lan- diy for twenty sous a piece ; and the charge of these innocent crta ures was committed, out of charity, as was repor ted, to diseased women, trom whom th y sue ked corrupted milk These infants whom' Government a- bandoned to public compassion, almov all perished ; and such as happened to escape so many dangeis were introduc ed clandestinely into opulent families, in order to dispossess the legitimate heirs. This, for more than a century, was a never-failing source of litigation, the particulars of which are to be found in the compilation of our old lawyers. Vincen de Paul ai once provided funds for tbe maintenance of twelve of thts. children. 1 lis charity was soon extend ed to i he relief of all those who were l ft exposed at the doors of the church' es. But that unusual znl, which al ways gives life to a new institution, hav ing cooled, the resources entirely failed,; and fresh ou. rages were renewed on hu manity. Vincent de Paul was not discou raged He convoked an extraordinary assembly. He caused a number of thoe wretched uifants to be placed in the church ; and forthwith mounting the pulpit t he pronounced with his eyes bath ed in tears, th t discou se, which doth as much honuor to bis . Piety as his Eloquence, and which I faithfully tran scribe from the history of his life, drawri up by M. Ab II), I3:ihop of Rhodes " Compassion and charity have as suredly induced you Ladies, to adopt those little creatures fur y ur children. Y u have been their mo hers by kind ness, since their mothers'by nature hac fjrs- ken them. See, now, whether ye also are willing to abandon them. Cease for the present, to be their mothers, that ye may become their judges. Then life and their death are in your hands. I am going to put it to the Yte, andto take the suffrages. It is time to pro nounce their sentence, and to know if ye are unwilling to have compassion any longer upon them. They will live if ye continue to take a charitable care of them- and ;hey will all die if ye aban don them." StGRS were the only answer to this in the same church, at that very time, the Foundling Hospital tit Pariswas founded and endowed with a revenue of 40 000 livres. . w- Tnia, is the man, who scarcely pos sesses anyt fame in Europe ! This b the man, who, according to the judg ment of his enemies, had zeal only with out talents ! His life was interwoven with good works, the benefit of which we still enjoy. . fhe misfortune of S. Vincent "de Pau (if it be one to be little praised, and e- ven little known,) was not to be celebra- tea, wnen ne oiea in 1001, oy tnat elo i - ' i a j. . 1 j t quent Bossuet who immortalized all his heroes, and who, at the very time was composing iunerai orations tor suDjeccs far less deserving of his geni us. But the honor of a public Panegyric is due to his virtues ; and the Orator, who hall represent him in a point of view worthy of the admiration and gratitude of his fellow-citizens, will have deserved well of his country. London patriotic meeting. In a meeting of assembly of the May or, Aldermen and Liverymen of the se veral companies of the city of London in Common Hall assembled, at the Guild-hall oT the said city, oh Monday the 2 1st day of May, 1810. . 1. Resolved, That the rejectidri by the Huse ot Commons of our late hum ble Address, Petition and remonstrance, appears to us a violation of our consti tutional and indisputable right to state .. 1 1 . j . . 1 . - ur complaints ana grievances, ana to call for relief and redress. ; 2. Resolved, That such rejection is an additional proof of the shameful in adequacy of the representation of the people in the Commons House ot Par-1 liament and more forcibly demon-i strates the necessity of a speedy and substantial reform in that honorable house 3. Resolved, That we have viewed wi h mixed sentiments of indignation) concern, and pityi the address of certain persons, styling themselves ( an ad adjourned meeting of L.iverymen, held at he London Tavern, the 4th of May, -nasmuch as the statements contained in that address, impu'ing to the great body of th. ir fellow-citizens, in common hall legally assembled, motives and de signs to " vilify and degrade the legis lature," to alienate the affections of he people fiom the government," to " produce contempt and distrust of the House of Commons," to " introduce anarchy," and to 44 subvert the consii- ution" are false assertions, originat- mg witn individuals- who derive mtiu j nee and emolument from the heavy burthens of the people. 4. Resolved, That among the names of those affixed to that address, appear the signatures of contractors, commis sioners, and Collectors of taxes, of place men and placehunters j with a long list of theirf agents, and clerks of their de penaants, emissanes or minions 5. Resolved That it is undeniable, tnat power, influence, threats and de lusions, have been employed to prevail upon many to concur in the said ad dress. 6. Resolved, That whilst we disclaim ny imputation against the motives "of several who. by cross, misrenresenta- tion, by arts of the basest kind, or by downright intimidation, have been com pelled to lend their signatures to the said address, it is to us a source of high con s tation that the address carriTS within it its own re fo5 at ion, consisting only of allegations unsubstantiated, and of ca lumnies, which those who have propa gated them roust know to be ground less. . ' . . 7. Resolved, That the said address ap pears to have for its real object the ex- ci'emenl of civil dissention, the increasf of public abuses, and the fur: her arid ful ler participation in the wages of corrup tion by many of thoseLWho have signed it, and who taking ad vantage of the pre seni unhappy contest bet ween arbitrary privileges and constitutional freedom, have endeavored to confuse and distract the public mind, for the support and continuance in place of a corrupt, weak, and wicked administration. 8. Reocvcd unanimously, That inth years 1679 and 1680, under the infa mous government of Charles the Se cond, the city of London; and other pans of ths cbuntry petitioned the king for redrtss of grievances and the sitting of Parliament. That various counter petitions were presented to his Majtsty expressive of ineir aonorrcuce 01 iric saia peiuioniui as tumultuous and seditious,- and en croaching on the. Royal prerogative'.' , That on the 21st of Oftober,s 1 680 the Parliament, met, and its first act wai to expel abhorrors', land to rjass;VQte That it is ind ever riath v undoubted right of the subject tor peti- , tion the King for calling the parliaments, " and redressing: crieyances ; that-to tra duce such petitioning, 'as a violation of . dutyj and represent it to his Majesty as tumultuous and seditious, is to betray the hberty of the subject, and to contri bute to the design of subverting theath cient legal constitution of the kingdom V and 'hey appointed a committee to en qui re after all those who Had offendefl against tHose rights and accordingly expelled several of its members and pd ' . tiuonea nis majesty to remove oiners from places 01 trust. That on the 29th of Oct; 1680, the Commons voted That Sir F Wi thers, by presttiting to his Majesty au address, expressing an abhorrence to pe tition his Majesty for, the calling ajhd sitting t f parliament, hath betriiyedlh . u idoub ed rights of the subject bf.Eng- j land and that the said Sir F. Withers be expelled !the house ifor this high, crime. . - ' :' " 1 Th at for the exercisi? of the undoubt ed right of petitioning, the City Charr ters were seized by a quo warrant o it was argued for the city by sir Gebrg Freby, t'hetr Recoreer That the con- i stitutidn and tHe law of the land bad gt- x ven to the subject the right of petition-- mg, and of access to the Supreme'Cd-. vernor to represent to him theif"grie vances, and to pray a redress to them i and that the same law gave them also a right to state in their petitions thosW -facts and reasons which caused tliefr grievances, provided those facts were ' true.". And further, That as there was one part of the constituion which gave the king the 00 wer to prorogue. so there was another part of the consti tution that gave the subject an original right to petition for redress of grievan ces ; and that, therefore, to pumsh a man for shewing in his petitioh those grievances which he desires toe re- dressed, and the causes of them, was the same thing as to deny him the rftrht of petitioning ; and that -such denial would infer oppression and the most ab- ject slavery ; for when t subjects- are misused, anu grieved nd : are denied the liberty to complain, apraytliKj ; King to redress 'those grievances ? or ' t shall be punished for petitioningTagainst ' them hev must neceasarilv be ahifr - slaves ' "' ' 9' Raolvdy Th&t these argument having been over-ruled by venal iudfcesl . judgment was obtained against the city 2 r ' ' me duuuuuia iur a tune inumpned ; tne S hbertiesof the people, with the right of v 5 petitioning, were subverted'; and the succeeding monarch, in consequence there s Of DRIVEN FROM HIS THRONE AND DO- - , MIN1SNS r- ' V' ' At the revolution in 1688,-in the Bill of Rights, Mhe undoubted right of the suoject to petition," was, among other things, ' claimed, demanded, and insist-. ed upon."; . , - This right has beew of late atrain in- ' vaded,the people oppressedwithj&ijpre- ecucuicu gncTcucea x calamities havCTi ' been denied access to thefr" soverein,f v !v thei petiiionshave beerfjejecredby he House of Con.mons, ana4 their gtievan " :l ccs remain unheard and unrerfressedV. ; The ex loded doctrine of 5aisive bbe- , -f dience has been revived in all its'exira- & vagance1, and a new race of abhorrbfa have sprungup, who, like -.he abhorrors t. uw uojrij wi viuuw me ina,,oy tne ? i-aiuiijuies, uy vnuying ana y-xm-i ? ducing the petitions of jhe people, are,, (in the emphatic language4 of the theii v rionse 01 oromon:;, betraying the .- liberties of the iubject, and contributing iu me uciign vi suoverung tne ancient legal constitution of the kingdom;" That as the corruprparticipatori in pub lic abuse, under thenask'of loy ilty, sub verted the libertiesf the kingdom, ahd involved JameshV Second 1 he corrupt and unprincipled of t he pre sent day, under the same legal pretence, ' would involve the country and sove reign inriirnilar difficulties, if suffered to persist. It therefore becomes the imperious duty of every real friend ;tj the country to resist tneir mischievous designs, ;by rcicjurring tor th?eSgenuine principles of the confctitution, iind by u ing every legal 'means for cbtamiiig a full, fair,' and free represematiori of t jws i It A' u p: I .V.
The Weekly Raleigh Register (Raleigh, N.C.)
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July 19, 1810, edition 1
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