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CASES ; , "... &tidU rithe Supreme Court &t Jan fcary Terw, 1816. Den on demise of Uriah Chexsan & wife T. Harris Smith tad wife Judgement for defendant, , ,. phlkmoo Hodres r. Noah Pitman Judetnent for defendant John Barge ft. James VOsoii-Judg- ' Den co demise ox rnwoi jooc v. France Ridley 'tm ' trial framed. Dta co demise of Wjratt VniUins v. Joseph HarperJ Judgment of the Court below affirmed. . BJanchard by his Guardian, ccc r. McGlacchon'a administrators. Motion to dismiss Bill overruled. Solomon Cary r. Frederick. FonvUle. -Judgment of nonsuit- Den on demise of the Trustees of the University vs. Hpllis Holstead Judg ment for plaintiffs.' , , $ame vs. Gideon Merchant Judgment Same v. Jeremiah Parker,-Judgraent Thomas 'Jordan v. Richard Jordan Decreed that the Injunction oe acu until the final hearing. Nathaniel Permcnter and -others vr. Frederick Philips ana mere ncmur- . Henry Delamothe v. Sarah B. Lanier, Executrix of Clement Lanier Judgment for defendant. Thomas Moss and wife vs. James m- cent and others. Judgment toTGeiena- 'Murdoch Cameron v. Daniel MTar tocd Judgment for defendant. The Office t. Gilbert Gray Judg ment, that the defendant is not liable to pay any of the witnesses In the Execution. Grizza Collins v. Uouinss executors, adjudgment for defendants. s Robinson Mumford and others v s. Wm. Terr)' Judgment that the Demurrer be overruled the plea allowed and suit tusmisseu. - , Richard T. perry rt. Elias Hainc Supersedeas cusmissea. SunivingPartners of Donaldson M'Mil Q-Tvnc and nthrrs. ' Injunction dissolved, and bill dismissed xcr want of Jurtsoiction. James K. Goodloe and ethers. Ex ecu frNMit rir--lr- -rn.ftcddick Stal fogs Injunction dilsolvcd and Bill dis missed. . " . The heirs of Nathin Orr r. Heirs and Xecutors of Robert Irwin. Judgment that the plea be overruled. Hugh Forsyth vs. Win. C. M'Ccnnick. Appeal dismissed for the insufficiency CI Appeal nana. . . , - Henry Dunwoodie's ExYs. vs. George Carrington Judgment for plaintiffs. tn th-nv nf Ifihn Gabie t. Anthony Mielan fie others Judgment Alice Hamilton Ex.ficc.r. James Shep herd Administrator of Oliver Smith. The defendant allowed to enter the plea upon payment of all costs up to the time Daniel Pctry vs. Daniel Fleming. judgment mat toe release auuiunsru :r. k twrm Ktw trial muted. with leave to offer pertinent evidence of John Alston and wife v. John Branch, Executor of James Branch & others. De- Richard B. Jones 2c wife to the use of the Executors of Uenjanun woou -vs. r. ni. vVd- Jnrirment that the plaintiff of record, by themselves or their MiorncY i at the suit. . John Marriner and wife vs. John Bate man and Fanny Red Judgment that the estate of the dccL in the hands of the de fendants is. liable for the costs of the suit f ispectmg the wflL Cullen Cotten vs. Lewis Powell Judg ment that there be a new trial. r T)u-harrinn . the Admrs. of Jamet. Fleming Judgment that the pica be allowed HamltnHams rt.Jacquelin Peterson. Jpdgment that the notice for taking the deposition is sufficient. Sacurusa and Loogboard vs. lang Heirs Judgment for plaintiffs. Jesse F. Jones ia. Thomas fic Luke Ross -Writ of Error dismissed Judgment of the. Court below affirmed. Willis W. Rhodes t. James Curtis- Injunction retained till the final hearing. State t, William Landreth Judgment for defendant. ' Wro. Briuon, Guardian, &c x. Peter cna Brown Motion to dismiss) the Bill overruled . ,v- Jeha Nichols vs. Thomaj Palmer Motion for New Trial overruled. Dcsoo Marshall vs. Executors of Chs Marshall and others Motion to dismiss the bill overruled. John McGuire vs. George Blair Rea tons in arrest of Judgment allowed judg men i iot ociciMfc . Holdinsrr. Holding Judgmentforde- must be signed in the name of the Sheriff Hiram Rossaw v4.T)a vid Thombarg Judgment that the bond be received and suit retained . , John C&to vs Abraham Lemoa Judg ment far pi sint iff. . Den co dembe t Southy Beaner and wife r. William-Pelly, and wife New trial granted ca th termt prescriScd bf the Ccnmty CctfrC- . f m limn-. -- mm. mMVJK Drewj Motion for new trial ovrrmlrd.: " John Snecdand others u. Wmjanvind vast of Appeal J bythepam prayH iog tha ap?eiir crtioran to isa aci Michael Schiack t?i. Robert Hutchtr. rso Motion for new trial cnarruled, and UOUSE OF represextatiYes. M0VDA1YJAN.8. Mr. Pinkney, from Maryland; tr n.nninh. from Virrinia : and Mr. Blount from Tennessee, appeared and took their seats. 1 1 . Mr. Kin nresented the petition of Tb Cowan and others, manufacturers of salt on the sea coast of North-Carolina, pray- . W . rw"i - f . Twin ing tnai ine xireci i ax unjAcu tKHr tahlishments mar be remitted, as their works have been destroyed by high water, ana uiai inc quit ou 4""mi; alt -which was destroyed may also be re- Several other petitions were presented. Mr. Murfrec laid before tne house tne Resolution of the Legislature of the State of North-Carolina, requesting the Sena tors andReDresentatives in Congress from that State to use their best endeavors to prevail on the General Government to o pen a direct outlet to the Ocean from the waters of the Albemarle Sound. Mr. Pleasants, from the committee ap Dointed to wait on the President of the O. States with a resolution requesting infor mation from him respecting .the transac tions at Dartmoor prison, reported that they had performed that duty and receiv ed for answer that due attention would be paid to the request of the House. NATIONAL CURRENCY. Mr. Calhoun, from the committee on the National Currency, reported a bill " to incorporate the subscribers to the Bank of the .United States." Accompanying the bill was a letter from the Secretary of the Treasury,' to which was annexed the fol- owlng Outline," which we nerepoo- lish. as containing:, with few unessen tial variations, a correct synopsis of the plan embraced by the voluminous bill re ported by the committee : OUTLINE OF A PLAN FOR THE NATION- AL BANK I. The Charter of the Bank. 2. To continue 21 years. 2. To be exclusive. II. The Capital of the Bank. 1. To be 35,000,000, at present, 2. To be augmented by Congress to 50,000,000; and the additional sum to be distributed amonerl the several States. 3. To be divided into 550,000 shares of 100 dollars each, on the capital of 35,000,000 ; and to be subscribed, By th United States, one fifth, or 70,000 shares, 7,000,000 By corporations and in dividuals, four-fifths, r 280,000 shares, 28,000,000 35,000,000 4. To be compounded of public debtmd of gold and silver, as to the subscrip- uoas ei corporations ana maiviauais in the proportions Of tunded debt, three- . fourths, equal to 21,000,000 Ut gold and silver, one- fcurth, equal to 7,000,000 28,000,000 The subscriptions of 6 per cent, stock to be at par. The subscriptions of 3 per cent, stock to oeat oo percent. The subscriptions of 7 per cent, stock to oeai iuo 51 per cent. 5. The subscriptions in public debt mav be discharged at pleasure by the go vernment, at the rate at which it is subscribed. 1 6- The subscriptions of corporations of uuuviauais to be pa) able by instal ments. 1) Sieeie, at subscribing. On each share 5 dolls. 1,400,000 . At 6 months 5 dolls. 1,400,000 At 12 months 5 dolls. l,40d,000 At IS months 10 dolls. 2,800,000 7,000,000 (2) Public Debt, atsubscribing. Each share 25 dolls. 7,000,000 At 6 months 25 dolls. 7,000,000 At 12 months 25 dolls. 7,000,000 23,000,000 T. The subscriptions of the U. States to be paid in instalments, not extend ing beyond a period of 7 years ; the first instalment to be paid at the time of subscribing, and the payments to oe made, at tne pleasure ot govern- "cni, ermer In gold and yilver ; or In 6 per cent, atock, redeemable at (he pleasure of the governxnetiv; or in treasury notes, not fundable, nor bearing interest, nor payable at a particular, time, but receivable la all payments to the bank, with right on the Prt of the bank to re issue" the treasury notes so paid from hnetojrjteVatilthey aredischar- 4 - .payments to the govern- -ment. & . The bank shall be at liberty to sell . the stock portion of its capital, to ap amount not exececunp ia anv oae year ; but if the sales are intend ed to be cjfccCpd in the United States, notice thereof shall be given to the Secretary pfthe Treasury that the . Commissioners of the Sinking Fund S may, if they please, becoie the pur - chasers, at the market price, not ex ceeding par. 01 The gotimmeni of t$ Bank. , 1. The bank shall beestablUhed at Phi- ladephiav.whh power to erect bran-! Chester to- employ state banki . as branches elsewhere. 2. There shall be 25 directors for the bank, at Philadelphia, and 3 directors - foreleg of the bTanchea.'w here branch e are erected, with the usual descrip tion and number of officers, 4 3. The President of the United Sutes, with the advice and consent of the Senate,' shall annually appoint 5 of the director of the bank at PhHadel 0 - 4. The Umed stockholder shaU t nuallyelectSOofe.cUretorsof the directors shall be changed at eve ry annual election, upct the prinaP of rotation. ( - -J -5. The directors of the bank at Phi delphia, shall annually;, iat their trst aftertheirelectEon, chiiseopc of the five directors appointed bythc President and Senate of the Uifitett States to be President ot tne can . pMilnt nf the bank shall always be re-eligible if jreppcanted. i a Ttim Aircuan of the bank at Phila delphia, shall aimually appoint thir ArtT. fnr each of the bran ches; where branches are erected,and - shall transmit a list of the persons ap: pointed to the Secretaij of the Trea; Urrtarv of the Treasury, with the approbation of the President of the United States shall annually de- .ito from the list of the branch di rectors, the person to be President of the respective branches. 8. None but resident citizens of the Ur If- nited States, shall be dErectora of 'the l' bank. or its branches. 9. The stockholders Hiay,vote for direc- tnr in nersnn or bf DTOXV : but no stockholder who is not residentwithin the United States at the time of elec tion shall vote by proxy ; nor shall any one person vote as proxy a greater number of vote than he would be entitled to vote in mi own ngut, according to a scale of voting, to be graduated by the number of shares which the voters respectively hold. 10. The bank, and itsSeVeral branches, or the state banks, employed as bran ches, shall furnish th officer at the head of the Treasury Department with statements of their officers, in such form, and at such-period, as shall be required. I iT. The privileges arid duties of the Bank, j 1. The Bank shall enjoy the msual pri vileges, and be subject to the usual restrictions of a body corporate oc po litic instituted for such purposes, and the forgery of its notes shall be made penal. v 2. The notes of the Bankhall be receiv able in all payments" to the United States, unless Congress shall hereaf ter otherwise provide;by law. 3. The Bank and its branches, & state Banks, employed as branches, shall give the necessary ai4 and facility to the Treasury for transferring the public funds from place to place, and for making payment to the public creditors ; without charging commis sions, or claiming allowances on ac count of difference of exchange, &c. V. The organization and operation of the Bank. 1. Subscriptions to be opened with as little delay as-possible, and at asjew placesas shall.be deemed just and convenient. The commissioners may be named in the act or appointed by the President. . j 2. The Bank to fce organized, & com mence its operation jn specie as soon as the sum of 1,400,000 dollars has been actually received from the sub scriptions, in gold and silver. . 3. The Bank shall not at any time sus V pend its -specie pay mcnts unless the '" same shall be previously authorized by Congress, if in session or by the Pre sident of the United States, if Con gress be not in session. In the latter case, the suspension shall contiime for six weeks after the ijaeeting of Con gress, and no longer, unless authoriz ed by law. VI. The Bonus for the charter of the Bank. The subscribers shall py a premium to the government for its charter. Estimat- ing the prohts ot tne uanfc irom tne pro- bable advance in the value of its stock, and the result of its business when In full i operation, at 7er centum a bonus ot l.nn nv Hnllar navahl'in enual instal mcntsof 2,3 &; 4 years after the Bank com- mences its operation, might, under all cir- I a cumstances. be considered as about 4 per cent, upon its. capital and would contri bute a reascnble premium. The bill received two reading by its ti tle, and was referred to'a committee of the whole. The house resumed the consideration of the bill to -regulate the commerce of the United States, according;to the convea- u-m I mm HT-r-m urtrti I ;mat r Mtfl 1 u. Ie.questioa being on the motion of Ir. Gaston to postpone he bdi mdefi- llteiy ' r. ' ! 1 this motionJ and Mfc Gold and Mr Hon- kinson advocated it l . J The ground occupied was whollr that 1 of the coruUtotionv without at all involving tne merits oi tne ireaty. j . The question on posrpdemeflt was fc'- cided in the negative -8 1 to 60. I ne question recurred ou aertteirier to the amendments made in committee of the whole, on which a debate took place the other day. The object of the amendments was to except from the equalization of duties all such British vessels as do not come direct from Europe; The amend ments were 7W$frt7?a without a division. Some other amendments were propos ed, one of which; was agreed to, viz : to strike out the East-Indies from the num ber of exceptions to the operation of the act. . f . . The tpgstion then having been stated .-Shall the bill be euerossed for a third reading fTr ' - -I i debate arose, whxh ccctinued till a late hotrr. on the passage of the bill to a third riidixig. . , . . . The hill was oppoaed br Mr. Gastnn. Mr. Throop,! Mr, Picteidg, and Mr, alius, and adiocated by Xr; King-of Mss. and Mr Lowndes, v . ; ruxs n at-raw. 9, 1816. ' After the presentation and reference of rMr.RoUiSa.fcoauhi committee on 1 il rr hat nf n.i .t-T ' 'purchases ofpublid lfr Mississippi temtbry,.aceompameaj detailed report; wnich was twice reaa The Speaker laid beiore tne-n letteriroin the Commissioners ofthe ry Pension Fund, transnmung ""WTT -f al staument Tspecting the operatn oj cTtPvinir the amount ot weir m t " o . j thp. fund, the number of pensioners, and dered to lie on the table. . 1 ft Mr. Johnson, fronr tne commit; whom was committed the bill to estabusa an additional Military Academy, repPea the same with a few amendmentaf to . je detail of it ; and the but and amenou."- -irL murtYA whole. Were rcicrrcu w a v.vuujvv u v"- e Mr. Lowndes; ..from the comtmttee or Ways and Meansxto whom wa&reiei so much of the President's'Message as re late&to the Revenue, and the AnnuaMe r theSecretarv of the TreasunT.ex- .. C:v n the es- cepting uiav whr-u icia..-a c tablishment of a Bank, made a-report oi some length, concluding with a serw y propositions, on the subject of the ways and Means for the ensuing and touoww5 We believe the propositions near- ly resemoie uiose suommea w v"i-" u.. proM nf th TreasurV Ut HIS irttiai Renort. The reDOrt was refsrrea to a committee of the whole. 4 . Mr. Birdseye submitted for considera- tion, a resolution instructing uic aYd mamifactures to en quire into the expediency of prohibiting by law, all commercial intercourse between the citizens and subjects of any. power and any ot tne maian i.foe fe,tnrie of the Unked States. This motion was opposed by WJ. King of Mass. on the ground that tnenui unA kpn tMtm7fc hv ii as independent nations, whose commerce we had no ngnt to regulate. 4 ' '. . The motion was, howeveragrecd to, The house resumed the consideration ot the bill for carrying into efiect toe conven tion of commerce between tjjie U. States The q uestion being on ordering the bill to be engrossed ior a tnira xcui"5 . The bill was advocated byWr. Gholson, Mr. Randolph and Mr. Reynolds, and op posed by Mr. Hardin and jMr. Calhoun, m speeches of considerablejfeigth and in terest, k - The question was taken pnorderingxne bill to a tbirdreading, about tiree o'clock and decided in the. affirmative by a majo rity of about 20'. votes, fine yeas and nays hereafter. WEDNESDAY, JAJr.10. " After the presentation Ini reference of petitions, r Mr, Pleasants, from thliaval commit tee, reported a resolutifc directing the presentation to Captain St iwa R t, and the other officers of the Confttution, suitable medals, in testimony of tt; sense ; of Con gress of the merits of tha: exploit, in the capture of the British sloin of war Cyane and Levant ; which was read and referred to a committee of the whpe. : The engrossed bill tofiulate the com merce of the U; State kcording to the Convention ef Commerceconciuded with Great Britain on the 3d cay of July last, was read the third time; snd the question was stated " shall the toil pass ?" The passage of the jbil was advocated by Mr. Easton, Mr. Tujbkrand Mr. Cuth bert, and opposed byrM". Pinkney ; to whom Mr. Randolph repfed. ; The question was about to be put, when Mr. Stanford having imiinated his desire to speak on the question-. Un motion, the house adjourned. , j THURSDAfTXtf. 11. ,1 f A number of petitions were presented and referred to appropriate committees;: TW. . V.V Mr. King of N. C. submitted for consi-H deration the following resolution, which lies on the table one day of course : JtMolved, That the rules of this Hoiist be to amended, that the Commissioners of the Navy Board shall be admitted to seats within the Hall otthji House. A bill from; the Senate conceriune' the Convention between the United States & Great Britain Vatified on the'SSd dav of December last was taken uo and read the first time. . :nrr ,W The question beincr stated. "Shall the oni be read a second time" . Mr. Forsyth bneflr stated the mnnds oi ms nosuuty vo wc oui. He considered L I tlllt.. A.- ... . a - - ifa$ an attempt on tie part of the Senat2 xoevaae tne quesaonaow before the house. I Evasion, he said. I Was 1 . i . t . . ' . be admissible in diplomacy, when dange- 1 roiis or difficult nfopcrinn. - ..a jsentea ZSSrir ncf r C J "XT T A0 L? 1 Un art. Ter, not an act to re- mere declaration parts of acts, but a at the laws which con travene the Treaty are 0f no effect; it was in effect a declaration that a Convert tion between this tountrv and a foreijrn country does ifls4Jact0 repeal the laws of uc utau. icuicr;iore moved that the bm be rejected. iT iinre auesno, bang stated from the chair : "ShaU the bll be rejected f r-' Mr. Stanford) expressed his dissent :to this proposition-;aud hi imnissioii-U&t the biU from the Senate was in efTect the mclthel)1 before this House rhe fifth secuoacf th law r,i was in nearly thetermsasthbUlfromthe penatOk , tie WaS thmn rnnn tn a rejection of thebilL 9n v TfW u on the table. . - The question to latf fi k;ii At. toku was .decide in M but icrsomeiurthere! .hMni was carried wi-' . . jr-15 The house tK rxne.rTlj. :-umed the considera- tionof tAetbl rTr o to the Convention of wmiLCi , tr awJ O i f.. . mi - np i uiequesou suu De- Mr. S ribrddeliveret VPfeH fll CPntlfYlMifo gned the reasons whv he ''lg1m-i. y.aiDA. TAsr. 12. KeVetttL petitions were presented and referred to. various committees. i ; l ' The resolution proposed vesterdav bv Mr. Kihg of N. Ci to admit the Commis sioners of the Navy Board to the privilege of seats within the bar of the House, was taken up and cohcirred with. THE BRITISH TREAT Y. - ; The House resumed the consideration of the bill for regulating the commerce of the United .States according to the late contention with Great Britain The question still being on the passage of the bill- C The bill was opposed bv Mr. Pickering find Mr. Hopkinson, and advocated ; by mrix ayior vi rt. x . ivir. wiiae; mv. Koot and Mrheftey, all at considerable leneth. and with the ability which has character ized this debfte.f . k . V And tne nouse then adjourned. , Adjt. & Insp. General's Office, 1? ? ' January 6. . GENERAL PRDEit; The rank and. file of the arm are so far re. duced below the authorised Tace "Establish ment, that no discharges wlttbe given to sol diers, who are not reguliy entitled thereto, except on applieation to commanding officers of regiments, corpsr or posts, and on furnish iag good and able substitutes tt satisfec" tion of merespexJt-ive epmmanding Officers." In al Such casesj substituCes must be regular iy enliste&jWithdttt expense to the Tj. States. By ocder of the Secretary of War, : D.' PARKER, Adit & Insp. Gen. Plan for coast and river defence, by means 6f Horse-marine Artillery by Capt. pavid Porter of the United States Navy. ' iave four ftat bottomed vessels or floats each 30Q feet long and 14 .feet wide, secu red parallel to each, other 10 feet apart strong beams running at right angles with their length, and projecting 10 feet beyond their buter sides ; overs vftueh lav a strong platform or deck,- making' a surface of 31,800 square feet. Surmount this with a breast work, shot proof, and mount on it, en Sarbet. 30 or 40 eighteen or twentvr four pounders on travelling carriages. Have three water-wheels, connected with each other, eapa worked by 20 horses geered to bows and pivots, and also pro tected by breast-iworkfroni shot. Let the battery thus fome$Jte,teered by two e- quivalent irutlcleiid suppUed with fal ling bridges foiv the convenichce of land ing the artillery and horsds. LeJL the floats be divided into, compartments and render ed tight, to prevent Itheir sinkinc: in the event of a shot passing through them. A machine, thusconstructed, with guns, ( horses, and men on board, will draw four feet water jand may be moved at the rate of six miles annour without'putting tlie horses ott a-waijfc, -. now m use tne 'Machine. Supposing it' be at Washington and the enemy ascending tne ratuxent , descend iuwn?av yntu-YQu arrive opposite to a suitable oihtpn the Patuxent-for erect ine batteriesland vour euns ereer vour Uiorses-march across the country -and take tod best position for annoying him. In this way it may be used for the protec tion of three rivers not far distant from to ascend thePotomac with a force too strong for $he Battery alone to repel ; re treat to a. tavorabie position land one halt of the guns on an eminence directly over tne Dauery ana tms wui give you an tne advantages of two tier of- guns. In this way it may be used with double the effort ht afV othpr flnatmo' hnffprv nnw in hqp. f '. If marauding parties of tlie enemy land - at any point on either ot the three rivers, for whose protection the batteryJs intend-r ecV'cc if it should not be deemed necessary to land the artillery ; move the j?attery to the nearest point, and you have at once a body of 60 horse and as many soldiers as you may wish-td carry all fresh, 3c pre pared to march against him. These troops, guns, and horses might also be employed for all other military purposes, and'the advantages which such. a machine would .pSer fpr.the speedy transportation of-large sh0 f troops are incalculable. . , . Translated fyr tfc. jifatiajiai ' IateUigencer. , From the Commercial Diary of Havana, oi iec. i2ur.loi3. Total Defeat oftkrmifof the Mex i icun ImurffenU,heddea by their first ' 'ringleader, MoreUo. ' This monster is at last iri the hands of the Royal troops. His career of blood and devastation is at an end. His crimes, will soonbeexDiatedon thescaSbldL an awful lesson to his followers, whom the same, fate attends if they continue tearinfirthe heart of their country, misled by the am- bition of a gang of seditioners who have the impudence to call themselves Patriots. The following letter announces the event t ; ,'SIR I just received the flattering ac count, by Colonel Don Manuel de la Con - cha, that Morello's army has been lately defeated near this place ; himself and an- . other of the first ringleaders, called Mc :,taten, together , with all his artille- ryv arms, . am munition, and a rich booty; The number of killed and prisoners is ve ry considerable ; among the first are rec koned the ringleaders Sesma, Lobats, and many others. ! :) .this glorious and important'vktory, 6b tained py the measures I had ore vioustt Concerted, and by the bravery of the troops I have the honor to command, their stea diness during the action, and the fortitude with which they have braved every dan gerand fatigue, wiU not faU,;! hope, to be rewarded by hi Majesty, with the ge nerosity that deserves iheir zeal and pa- tnotisnv I recommend ery partieularlar; to your ExceUency the distinguished rm ntof LieutDrtn k.. nad the giorv to minne ornnv,. r safe to his commander, ; ih.e monster Mot reuo. - . ;"'"''-:!'" ;v , God preserve your Extellencvs nfeniav nyyears.v -: - signed bv Kiitrnirk a v:ii4m.w ' .u j . Mourned- - - ..- i
The Weekly Raleigh Register (Raleigh, N.C.)
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Jan. 19, 1816, edition 1
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