Newspapers / The Weekly Raleigh Register … / March 13, 1829, edition 1 / Page 2
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v -r.-jw i'nufc .-. ha;i ruifMMiM . jinirft: Mir n miirii m nnmr .i hhiu in ueiencp m LiievxanKa. ias ueen sain ;uv max ffpnt!nm-.L . ,t vYJtticu tooK place in tne nonse 01 oommona, iroiu xjcu. u. sy. V V-fllre House stiJilnommUtbe, n . doubttW pa We of the. committee v . iWrf jJ!ia6itcdr But; tie; ousidewd the 'subject important, and Vicd -the mcmWrserev desirous of dmiiAihatas risht, without CtE itihriselvWhe bPKt course to be taken- v ' . rAti : r ilieVrWPno.ioo(it;4MrrA"belieted. afnonssi members, gene ,V'4 yaillhattIietate JianK nau irequemiy Muiaueu.iiH tuani . ? ?VV-minaffers sccm'to JiiUe paid , no regard to ifiVrequirements of. Us JXclSarferi'VA majority. orTthis House, he believed, were, therefore . 'Cdisposed ftii al! thentbefpre the law, ? . t t , , M fVCIt Vili bVecolIeciedihat fhe Legislature commenced this en- x qfuryhtathe conduct of the Banks,on the recomraemiation 01 imr tt'lafrfeVpekble the sub- fjvct'hAl hVeKencaged jh the enquiry 'for several weeks; '.They ShiiUvfW? t he Huse and we aieno wcalletf iimn to vatitlio SL nsiitiitioh : But it is said. iktte H iiiio -ive: slrall denreeiate thevahre of eur KBank: tiotea. fJl!:!injiu:Clic1v rfcShe Swain) in, his remarks a llfewldaVWgoJ any , 0rftffi'Bavk wholly un- j fteabltliat: violated thir char- s i lte;sl ?an! 'therefor been i M$0! made some f gefg. b5t o r'ut tior f t ie -u ppblrty. bf? his opinion. He believed, '-L'Vtrial.if., flie faclte "'stated by the Cliiimittee can be established, no " vi ouh( co()d ljeetetain the priwecutiori, the rp-; Tsultof'uHucK uould "lution of tbe rornurationv.iAntl the entleman from .New.be rn has i 2 kit i l 'f4 vSaili, liafai! ailllUillitliuii wi an nit uiuw uuy lu aiiM uum iuc wi ) porationSillof cWrse, takr H Vk' 5Vlien )e' had the honor, spme days ago, to address the House III lie"lni'd tlenied this consequence: , What lie meant , to state, was, )!!,! H iVfethatt llebttfjra taorfrom the Bank wotild not hv such anrissue, ner V liil 4FN cessai-ily jie.ttischared from th ',; in "If mthe committee, then, said Mr. Af be convinced, that the State !h I ! -V 'Bank'li violated itfvcharterif this be granted, and they finjd it it tfiat a dissolution of the charter; will not necessarily be an annj 1 ( A' i Ihilatioirof. the debtsidne to and from the corporation, but that the ? Diny . consequence win uca-iHiiu in such aSvav aVuhall have due the shape of the most ingenious argiimentsj vt J thy studied eloqueftcT j and not without effect. 4H is displays said tMivF;' reminded hfl ot, wuav is reuorieu ui an auie lawyer . woo unuc uounsiied in ki gurshed luminary at ttietbarr inget i ity of ;lijs.Wiiimeots he not onlyibewildered Ulitf Court .and JJury but oftentimes a. criminals tbemsefves were astonished Omtjjiow innocent tliey ,wereil:'Iti8v aaid ..pfcone' occalioti tbisntlemfiivasetnplnye to defend 'a -man charged th horse-steaJing'Vrime" then pm,. Tshablerfor tha first offence, by danging.ihe evidence was point, ed, anl the afeneral opinion was that the accused uust'Hwin- The advocate ho wev.er.madc; an unusual display of Uenuity eloquence,-ainh the Juryt returned a verdict of not; guilty. After tlie prisoneit was discliarged,: he Was masked by. an acquaintance w liether he really was innocent, or not ? - He answered that all along thortght that he had stolen the; Ikorse jTbUt his lawyer, 0tt iiic iriai, uHuuiiv.iutcu 4iii.iuv ut wos uiiiutvrii ji, said, jlr y "fiie icauiiig sjiinia m me iJitmv iiau irce.ii present in tie gallery, ILsteiHtij to i the geiitleinaii frorn New hern, during his in. genious ajid lat)orel delVuceof them, thfy too,' like t lie .horsc-ihitf. 'must'have'tieen-deli find thei'nseives so J. :ry; itiiioceiiti: v"1-'' ''V-? r v;I 'I C".,. Mr; F. said, that ho one in this House was more opposed to the original pnyeci ot ;.tiw gvnueman "iniin uranyiiie, Ir.: rotter,) than himself $ and lie would add, tinU, he m eam. ble to ;the amendments oflered by.. "Urn JgetUleman from Meek. lenb'u rg (Mr, Alexa nder.) Before he sat dov n, he w oqld ofiVr a a substitute, the paper lie held in his hand. . Tlie leading, princi iiio ui me wiit, nun viu , woa uctiucuir .in lavur oi ue was ia favor of a judicial investigation into- tlie couduct of the Banks Sir, said Mr. F. it is due to the people of North-Carolina, as well as to tlieM5anks themselves, tnat a judicial enquiry should be in charters, and of practices illegal nd coiTUpiTtiej are eithtr innocent, or guilty. If innocent, they should be 'publicly acquitted jt is the only, way in which they can be resttVied to public co fidente. If guilty, then it is due to the character of the State that they should be brought to justice and the offending "agents pun ishvd. It is not our province to pronounce. their condemnation, or their acquittal. We are the legislative branch V all that we tjught to do, is to satisfy ourselves, that there are jiust grounds of suspi cion ; and whet we are thus satisfied, to hand the offenders over to the Courts f Justice to be dealt with aecording to law. . , He would ask, if we have not suffirient rouiMls of suspicion ? He would ask, if the facts laid before us at e not strinig vnough to justify the ordering of a -.prosecution ? Lookat the i-ejMrfof youp comniittct1 not of the minority, but, of the majority itself. Look at that white-washing report, and even there yuu. 4viUfnd . proofs' that the Banks liave grossly violated their charters, and ihme ma ny acts for which an individual could notescpe punishineiit. Is the practice long pursued by the' State Bankof lakiog -interest for 92 days, instead of 88, not usnriousfand contrary to law ? Let any one make the calculation;" ancl he.Will, find, in this way alone, that Bank, during its-extensile ojieVatfuA's Jiave Illegally exacted r "jVould subject the property of our Banks to plumler. But when1o! a tenant tor lite, when the power is exercised the sale remains from the-people ot JNorth-Carolina, an unmermc sutti of money. i li'nniL rwtr wit hutunrtinrr tli ftputli tP Kiifti tpnant. f)hnnrellvr TCenl I tlif xtfiisi v mtpriiltiiin . iri rttnn iu tlii S.it in imtli.P.a. II IS 1)1 O vffl mai a bOruui aUUll linn I ' lirairui r tiiiiiitru nn tiiiu iri, n y - j- .. ..x .,. .w - i ' - - "-'" - y ... -'.' . . . i . . . . . : l.... ' ....l-L ' I ? a? .... 2.. : ' I. r .' 'i- lf-'. 'f t ' , -TITi . t rouua, anu in -urrorgia, noi a v ioiaiioii oi cuaner r wnaT, sir,ou you think of the practice of reducing the v4lue of their own notes, and then sending agents into market to buy them up, at a discount, wjth specie funds, wrung trom their debtors at a clear los to them Before, the yearr178 a bond couldnot be 6 trapsferred byiri- aorsemeniias io enaoie xne. assignee w iiiaiutaiii auim. i on jt In, bifi dwii name.;; He- was nevertheless" considered a9 the owner 4f the' bond in eqliitr.und he tnierlit, evrh at lawsue-on jt iii itti& iiaine of the person to whom itHvas made payablevWTn that yeartne ijegisiaiure auinorisea sncn. oonus io oe assiguea, niiu t he assignee: to bring suit at law in his own name A A question arose whether theflawthenenacted, was intended to embrace bonds already executed before, as well Vas; those.to.be executed thereaf ter, On'an bxamination of all tjie sections of Hie act, the 'Court, i n . t he :case f. fttkihsbii'$- Wright, lield tlra t it Ajipli ed only- to biinds .ekecated thereafter So fan there was' nothing decided which bore upon:this question. ":i But Judge Halx, in tlelivering ins opinion, rcmarKea mai u me decision ciepenueu on iuc ton struction of one section alone, f perhaps it (night not be improper to hold the action well brouerht in the name of the assignee.'? Perlraps ! And this " perhaps'.9 is the sure and solid .groundon which the gentleman is.fearlessly to risqne the most important in terests of the State Pcrhans ! Surely, such an experiment is nv tiling hut uiofi. ' , i It will be seen, that the enquiry whether the act so construed, hwbiild have beeo repugnant to the cifustitutidn fir notV was not .h-aised. And no wonder. So delicate and weighty an" enquiry is never raised without necessity, and all necessity was in the case before, the Court saved by the construction given to the law. Per tytps if Sts meaning had been othetwise deermined, it -might still have been deemed constitutional The Legislature always retain the power to alter remedies so as to "protect extsting rights,although they have not the powei' to impair or change the rights themselves. Ami to allow the assignee of a bond to bring a'.i action at law, in stead of leaving him to his hill in equity, would seem to be little more than a mere change of remedy, without injury or alteration to the" right of any party. A distinction substantially the same with this, was recognised by our Supreme Court, in the case of Harrison v. trmV.determincd on the act of 1820, which-, vented the Supreme Couit with jurisdiction of errors in matters of fact. The Court held, that the Legislature could not, if it would, give them, any new law by which to decide on existing rights ; but it might give tlietn jurisdiction over controversies where they had not jurisdiction before, and thus enable them to apply to these rights tlie ancientlaxv, which application, but fr the granf of more extensive jurisdiction, the Court might have been unable to make ; The gentleman has asked,-if lands granted to a corporation rej yert to the donor, on a dissolution op the Corporation, what be comes of those so er ran ted which the cornoration mav have sold I There is no difficulty presented by the question. Lands which a corporation has lawfully sold, cannot be .claimed hy fhe domr up- i , ..-A..A..iiA'.,ilt b rt irmhnn nn ril T k nnroniic tit tbo Ko nlr a nLlLlntII lif.tl I. 11 IMMtll II I if III 111 llir 1,11 II till H.I I (III J. Iln 1.U1IIU1 g 11111 lii iv i:iiriMf iiiif iitn win uo a i iiuiiite u ir i iuv vwuuvi ii .iv uana 1 . -r wriolia11 liai'P. ftliR Vpiriirf! tn till riMita iV ttip stiii1f. had a fee in them, for the bod v oolitic -might endure forever. " To II i na 1 will not iheViminittee sustain ttie m iC "-,' V 31r. A. said he' was. not orte -of those" w ;.'.'..:..... r' .-.. x. -.: . . i. . . ... ' - , . ... ,. - . . . i . l. ; ' . x . i i i ... . i. . . r .. . j : i a.i . - "Jiglders,the claims of tjie ciemtors:antr the condition. of the debt- " iaie was auacneu oy law me power oi saie anu auenaiioni ibVllllvillllll V 111 I I'WUWi ill ' via wv wa"a-sii. m V nntiitmn r ho could sav he was re t t h-M - ' inan'fn iiimre thft widow or ornhan whose mfinertv miirht be vest1aJ,enation was made, and the i AlAV'l ,;''i!''in,thU itistitntum : nor could he sunnort anv measure lliatl verteU to the donor. If a pow fees at common law. In these, if the tenant after birth of issue, aliened the land, such alienation barred not only his ow n issue of donor after reversion. But if no ssue afterwards died, the laud re er of sale be attached to the estate But when iOI a tenant for life, when the power is exercised the sale remains nd when-an attemnt is made to hi ine: the manaerers of the iu- ! 4S accurately mane me uiscnminauon in me passage ueiore re- n&rj'ntioh totiusticerits advocates in this House, set the 'egi.sla' jfeei-ed to,. the lauds of a corporation, which luive not been sold, tinuahdthe Suiireme Court ateflance, he was willing to' have j revert on such -dissolution to the donor." . ... s rtheiriaftef bniUght to .'Issue. i-Mr.';V recited and vai vbcafed the provisions of the hill which One word more, sir, (said Mr. G.) and I have done. No con sideratiori shall tempt me, 1 think, to trouble the committee again: WAV -"litTiad intitiduced. He -said,- the gehtleman. from Newberu had ; ne. enueman irom iVlecklenhurg, while he insists thai ail the i iiii m t i j . ii : . ..t i. i n. i..... .1.:.. - nn ks hip vimtiTPM iiipip riiuptpia. am i tur mini iiniuiiitii mau'pc tl( f kind' founding his objections on the provisions of the Constitution ix OU1' duty to assert the supremacy of the law by a judicial prose ' ) ! V r.:ofthif llmtjBd States' and of this State. But Mr. A. was of opini- cution, yet wishes to confine this prosecution to the State Bank )m I- C; " W miTthat'ttfter tfie cliWrter was declared to be forfeited, the debts and alone, as the greatest ofifemler. Sir, I am opposed to this distinc- j l "vW J property- mightbe vested in the General Assembly. He saw no- i i .a .1 i .. .lrir.iA. . rcirrrcu lu nis ii u uu muni nuu.i ui .on tvinun 1 '?5eaViD, aii to, Hawks, $24 9 feS iC Digest of Cases. lvXv AfteKdijating at senne length on these authorities, Mr. A. con "iiMdi Svith .'noticing; therreinaik of the gentleman from Newbern, Vthal:thefi prosecuted, would doubtiess tion. If all have offended so as to4merit civil death, the question of comparative guilt becomes unimportant. If it be our duty, by such a prosecution to vindicate the law, let us go to tne full extent the Jto which duty calls us. At all events, -if such 'prosecutions must and to other authorities, i 0e ,nsrtuted, 1 trust that the Bank with which I am connected, win not be overlooked upon this occasion. IP M l! r i tSSW .b msdeVihhrtapinie. Court of the Union. To this, he said, he llJfsho Indeed he should wish that it might be rfieciue a mere. 'iV - f $3lrJ;G(tifon requested'a moment's indulgence, While he gave a Biioril answer io iue aiiuiiioiiai u-ai arguineni jusi urged, anu to tHe-questions asfced by the gentTemau from Mecklenburg. Aban- ' -:"- ' . . : i. . i..i a, . i i ' . . . . v;4 i oonmine nosuion w nicu ue nau iu si iaKen. anu aumittin? that M, 1 Sfliff tiri rjaiioliAioiff the charters does produce an 'extinguish i Banks, the gentleman iieverthe- 'less;insiMs,Hlm remains unshaken -still con- jfeii0lm passed, we can change this penal- V t " forfeiture of the property to the State. I 'I'Sfv attempted-, 'to show that the ! tlius r imimirtherooligation of contracts by addin, State couhLnot ng new conditions ;vor4e4si to H8 own gram xnai u coui.q not thus divest its citi-Sl4'?!:-.1 ;bv partial legislation ; and that it could not ri' ,.iiusf juy itif-co; imuhi new pi-inuucs ior past mis- iudux objections ausweretl ? By the alle- ?? itim this power in many analogous SvAcas of power had not bert questiiined. iSir said Mr. G; there are few weak arguments so fequeritlv ;l0;f jue Wtlw fimn loose and hasty analogies fcr hot Jwel I examined ;; A, resemblance between cases, Where there is anyvSiriKes ai ni-si view, ine careless as well as the observant noted, until both be atten- 3pfitv?ffi instances upon which the iS&i$ Sntlenla:rjiieft In 1789, ;the General Assembly made a grant State had to surr.d tn 1 escljeated lano the General Assembly passed llSft rulatjngxthe deseent.of lands, by which acts, ?iersons were f?-v:.aanijc existing law, of l7.89,-Ould not feWKAiWic from escheatiog which otjmsewoiavtiav And the gentleman asks is the f-.v..' f doubted ? I have never known any ! $! fMs; presnme-jthe acts are admitted to Puv Ml if' ""?7 -' vun.ucmusc mej ,uo not impair tne grant to U i V-'.SiiAy'ift.ii Tttimavcilvv iinn-loDoan ntitr nrin u!l.(w 1 t .1 iiiiviu! :KBouH.uf no Titiitn. Jiscneai. is ine re- 5inrnin;:iauu mm. oi; wnom they are holden,vbecause of a &Vvlato This right to 1 talift Jndsbei p Jieifen:- be found, the late acts f the Assetn- whole or in part. The K'W-P descent of inheritances, the As ; ?-emoiy; never grameu, anu couiu not .grant to -'l'.flVia-ir p-4 1:::1. ri It- w-f-r 1 Iv the Uni !MiPa SV Tigbt of escheat, tliey entered into no v.C9yW prevent them fiom exercisinc theirfpoeverl descents ih sucb k?wav as ihev iWma 'f J!. lft'Kpj! render escheats less ; PWPUv.P.vmd in a moment of capuce -' ?Y.vi;' wisieii oy the impious maxim Jtfr. Fisher, of Salisbunyddressed the Chair. He said, that when the discussion first commenced, he had not intended to trou ble the committee with a single observation on the subject. Be- Sieving as he then did, that he would have to take up some time on his own bill, he was unwilling to obtrude himself too often on tlie attention of tlie House. But the ground has been changed ; and' he now felt it his duty to notice some of tlie arguments that hajp been advanced. The question now seems to be; not which of the Una annntL' (.fi.tll m 3 . L. ..... ..I...1I I :..!.. .. . ll 1 ,. pin in punii nr emujii ; uui wuriiirr wt- sunn iciiniu Ul ail Oil the Banks, or suffer them to escape unnoticed I The progress of the debate shows that much interest has been excited, and that great difference of opinion exists on the subject. In this House, he remarked, that a strange, and unusual division of parties was to be seen. First, we see a party disposed to go alllengths against the Banks; without making any distinction between the innocent and the guilty, they seemed determined to bring confiscation, ruin, and disgrace, on all concerned with these institutions : take their property without a trial; seize it wherever you can find it, and leave to a future Legislnture to say whether they will return any portion of it, and if so, then to w hom they will return it in short, hang firsj, and try afterwards, seems to be the rule of action. A( the head of this party stood the energetic gentleman from Gran ville (Mr. Potter.) Directly on the opposite extreme stands another party. If the first wishes to do too much the second wishes to do nothing at all. They seem to think that we ought not to touch these sacred institutions with our profane hands ; they seem to desire, that we should stand by with folded arms, and" quietly and calmly see the Banks violate their charters, and spread ruin and distress through out the land. At the head of this party may be placed the distin guished gentleman from Newbern, (Mr. Gaston,) and under hi s shadow we stse gathered, with a few exceptions, all the junior members of the profession. It is somewhere remarked by the celebrated Mi Hume, that the extremes are generally much nearer to each other than most peo ple think. Mr. F. said he thought it would have puzzled, .even Mr. Hume himself to show wherein these two parties approach each other unless it be in the fact, that they are both wrong. But, said he, there is yet another class of members in this Ht,.ise. It consists of those who are impressed with the necessity of doing something with the Banks, hut hcfniH anina wii,i.t..0;Au', t ww..,, v Mvt.uw, . 111 tu otr vuui - ci f At . m perfectly clear. On the one hatfd, they are not willing, regardless Jf consequences, io hurry into violent measures: and oir the other, tbev are not willing to stand by, and suffer the Banks.to proceed in a. course that seems to put all law at defiance, and threaten wida? tpreaa rum tliroughout the State. Tliey wish to act in such man ner as would extend iM-otection to the neomV. stockholders. This party had no head, but he hoped it had num. .-j-y7 "rvy ua """"cm chough, io resist v loient ineasuies ; and resolution enough, not to be frightened from their duty' and their purposeby the long speeches and awful forebodings of the friends ot the $anks - . " 1 " " . In adverting further, to, the course of; gentlemen, Mrpj said, Uie whole proceeding: reminded bim of criminal praseciition ; tlie Hanks standing at the bar afth Hn,. . ik o,:rt,iJi' , - , At "' - ' T iuu w iiuiuaiT , - r'1 . 5 ""mauirom.ixewDern appears as advocate of from 6 to 10 per cent i Are these facts; not stroneenousrh to in duce this Legislature to order a prosecution ) If tliey are not, 1 knew nat what would be. , r v Mr. F. said, he did not like ithe course prescrifiedb cates of the Banks since the subject has been i before the House. In private life, when an individual is wrongfully accused, he ii anxious for a trial ; knowing his innocence; he seeks an invest gation as the only method to remove suspicion and vindicate hisf injured' character. The guilty man, on thei coutrary, always a' voiiisn iriiti 11 ur i.nn , nc prcirrs ueing uuuer puoiIC suspicion, 1(3 going info Court, for to him, odium Js better than. punishinentr- How stands the case, with the Banks I Have lbey, acted like tha innocent, or-the guilty man ? Do they come forward anil say, let us go to trial, and show the world that we have been wrongfully aspersed. No I-r-from the very first moment ,an investigation i talked ftp, w e, see their friends in this House, and out of it, busiljf at work, tltrowiug eery obstacle in the r way to prevent it. Kve- ry arguuieni that could be mustered Up by consultation, has been urged here and elsewhere, to dissuade us from acting. The gen tlemati from Newborn, has presented ito us a most frightful dilem- says he, It you tail in this , business you will be disgraced and if you succeed you w ill be ruined," and therefore, as a con sequence, we must stand still, and let the Banks go on acting ask they please. But the gentleman, probably suspecting that his ar guments on the subject might fail to convince tlie House, assume the attitude of menace, and directly threatens us with theFederal f Supreme Court ! Honest men, said Mr. F. are not to be driven from their duty by 'threats ; on the contrary they grow firmer iri their purpose, lie hoped it would prove so on the present occa sion. ' " - .'. It has been charged against the Banks,, said Mr. F as a viola tion of their charters, that they have refused to pay specie for their notes, and to his great astonishment, the gentlema;i from New hern, seems to deny that this is a violation tioldiug np; the book in his hand, he told us that ?he charters Contained "all the -'powers and restrictions of tlie Banks and that by these : charteis they Were no more required to pay specie, than any .individuals in the discharge of their ordinary contracts L Cau jt jie the fact, tlmt the Banks by their charters are uot'bouudto pay in specie, ? Be denied the position. Without- recurring a f , .the; jitsent. to the Cape Fear and Newbern Banks, Mr. F. said, that he would for a moment call the attention of the House, to the history and char ter of the State Bank. At .the -time'th'at. B.anfe -'ivas 'establtshedour currency consisted of the old ProC bilt.&tf!f . sightlyjn appearance, and of the CapFear aiid -New berh;ttotes The old Proc. bills were a legal tender in the paymeut of debts, and payments exacted by execution were always rnfade iuiis rag ged pa er. The Cape Fear.;nnd ,New.berjnl: 'Bi1savoide(l paying specie, by tendei ing these bills to the holders "of their notes. This being the -condition , of our currency, jtbrna;"iBubject f ridicule and scorn to tlie nigtibHi'S " citj zeus grew ashamed andiimtifci State actually suffered, and a sir fmgest to se our currency placeil fin:$tbetlor; 'footing.--stances like these that tlie projecWSiof the State Bank&tne for- warn w ijii uieir piap inw strongly urged inits f favour,-tliat n wjmild nwtonly nd thetat'of ifaj i piace, notes con vertiblextn specie, kt the pleasure of the hoiuer. rI his was, in tnithUnd in fact,the ur and the argji meri t that mai tilyi iiiflaenced the J-egislatuite in gi ant- ine: me charter. - ,-r The remainder ' of Mr.F(sherz Speech in mf riext paper., - 7 Self regulating ffind JMUVUerv iadVextisfetl at Vashingen, n?w. VViml ,til ,vhiji5?ufts8elf whh jeveryjcbih of. the wiri, f -.huts up lib aiU inta .high ,3IoW; so' as idrcciveiK.aiore k presu than will give Ihfejriotion. andpower 5requrredJTf The 8ail,"areh left in the' wmd day wnd Vts'rft; an ?;Jtd" receive ' the btiiifit tf e ppeil iiMit1' It. anu' laid by saetVwthottl the tuillelEuink out of,the hoa'-' . SacaindiU'Mems to be fcJonstxoi$ptefe. It leaves nuhius -riui thfct Vsruisins the wind to putiUdf ia-iuatu- i:,:mm nr navj5,tfir.-ride nof)teVhvita WV'ffor the accused and lurkv aaa w Z t V - . laactra, winu-onu seems to wWinot complete, it leaves no mm -
The Weekly Raleigh Register (Raleigh, N.C.)
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March 13, 1829, edition 1
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