Newspaper Page Text
A HIM,,
l'u be milled An \cl to authon/e the business
ol Banking, and to regulate tho name.
■ s tr. 1, fie it enacted hy the Sennit and Haute
°f hrjirc.t. uhiiivm irj (hr State if Hceirgiei , in
(rfiur,il Assembly jmet, am/it /> herein/ turn ted
hi/ (he anthtrify <f thf same, That tho citizens
this State shall have the privilege ol’ hanking,
iron) and after the postage of this net, upon the
terms and'con.Ktinns contained in the following
sections of this act. The comptroller)! together
with two commissioners, to be appointed as here
in after directed, or a majority ol them,are hereby
authorized an 1 required to cause to be engraved
and printed in the beslmanner, to guard against
counterToilitig, such quantity of circulating notes,
in the similitude of bank notes, in* blank, of the
different denominations authorized by tho incor
porated hanks of this Slate, as they may from
lime In time deem necessary, to carry into effect
the provisions of th.s act, and of such form as
they may prcrcribe. Such blank circulating notes
shall bo countersigned, numbered, and registered
in proper books, to be provided and kept fir that
purpose, in the office td said comptroller, under
tile direction of the said comptroller anti said
commissioners, by such person or persons as they,
or a majority of them shall appoint for that pur
pose, so that each denomination of such circula
ting notes shall all be of the same similitude, and
bear the uniform signature of such register, or
•me of such registers.
Sia . And he it farther enacted, That
whenever any pers on or association of persons,
formed ter the purpose of banking under the pro
vision, ol this act, shall legally transfer to the
comptroller and said commissioners, or their suc
cessors in office, any portion of the public debt,
n ,w created or Is* valtcr to be ensiled by the I oi
led Males, or hy this Male, or sneh other Stales
ol the I nite I Stale*, uss’iall he approved hy the
slid comptroller and commissioners, or a majority
ol them, sneh person or association of persons
s,m]l Iki entitled to receive Ironi such comptroller
and commissioners, an equal am mill, of such cir
culating notes ol different denominations, regis
tered and countersigned as a‘l resold ; lint such
public debt shall in all i ases he or hr made (o he,
• siul to a stock ol this Stale, producing live per
cent, per annum; and it shall not ba lawful lor
slid comptroller and commissioners, Intake any
rich at a rate above or below its par value,
iSnc. :i. And he it further enacted, That sneh
person or association of persons, are hereby au
thorize 1, after bat ing executed and sigt e 1 ’ sue h
•' r dilatingnotes, in the manner required by the
provisions oi this net, to make them obligatory
protni • < I’y notes, payable on deni.uni, nt the place
ol I u-iness, within this Mate, of such person or
ass jci ition, to loan and circulate the same as mo
il y. according to 'h • or 1 car c u sc of banking
Mi in ms at regulated h\ the laws and usages oi'
this State.
• s '*• -hufhr it fnrtlrr enacted, That in
eas * ah" innk *ror in ikers of any such cireulaling
n ite a eoanlHsigne 1 irid registered ns aforesaid,
s i.iM at any lim ■ liercaller, on lawful demand
d li it 111' usual hours of business, betwetn the
li u. i o( nine an I two o’cl iek, at the place where
'•n , 'h ii »!e is pm a 1 In, fail or refuse I i redeem sni li
i ote in liic lawful money of (he I dup'd Stale--,
•he hoi ler ol such note, making such demand,
ini', our'. 1 the mine to he protested tor uoiepav
me it by n nala V public, M d h mi) of ollieo
m the usual manner, and (lie eonijil roller and said
Co.omissioniTH,on re •civingaml tiling m (he office
of sneh comptroller, such protest, rlmll forthwith
give notice in writing, to the ina’tor or linkers of
mi li notes to pay the same; and if ho or tin v
sh id omit to do so, for ten days after such notice,
ih" i lid comptroller mid commissioners, shall im
mediately thereupon (unless th y, or n majority
of 111 :i shall he satisfied that there is ugood anil
I 'gil defence against the pay meat ol such note or
mica,) give notice in the papers printed in Mil
|c Ipw i !e, ll at dtx.-ir nl iling note i sued hy
such p tsou or association ol persons will he r •
divine 1 out of l u e (met funds in (heir hands fur
that purpose; and it shall he lawful for suid eompt
j dlt and commission; r.s to apply the slid trust
lands belonging to the maker or makers of sneh
protested notes to tho pay meat and redemption
I lie vot, with costs o! protest, and to adopt sneh
measures for the payment of all eircul.itin : notes,
pul in circulation hy the maker or makers of sneh
l>r, t '.He I nates, pnr-ua it to the provisions of fits
act, a ■ will, in th-ir opinion, most effectually pre
vent loss to the holder.-) tin .col.
rticr. 5. And he it farther marled, That the
sad comptroller and commissioners, may give to
any person or association of persons, so transfer
ring sliicli in pursuance of the provisions of this
a I, powers of attorney to receive interest or divi
dends thereon, which such person or association
may receive aid apply to their own use; but such
powers may ba revoked upon such person or ns
si'ialbm us p rsons falling to redeem the circula
ting note - , s > issued us aforesaid, or whenever, In
the opinion of the r.aid comptroller and commis
sioners, the principal of such stock shall become
mi msulli -ient security, and the sa d comptroller
and commissioners, upon the application of the
owner or owners of such transferred stock in
trust, may, in their discretion, chance or transfer
the bailie (or other slocks of the kind an I value
belnre specified In this act. or may re-transfer the
said stocks, or any part thereof, or the bonds and
mortgage.- or any of them, herein tiler mentioned
and provided for, upon receiving and eiiueelliiijj
mi equal amount of such circulating notes deliv
ered hy them, to such penrai or association of
pi rsons. in such maimer that the circulating notes
s'ull always hes.vurcd i.i full, either by stocks or
by bonds and itiortg iges. us in this act is provided.
!Skc. (i. And he it further enacted. That the
bills or notes, so to be countersigned, and the
payioe ,t of which shall be so secured by tho
nuns er ot public stocks, shall be stumped upon
thc.r la o "Secured by the pledge of public
slocks.”
Sue. 7. And be it farther enacted. That in
stead of transferring public stock as aforesaid, 1 1
s -cure the whole amount of such hills or notes,
it shall bo lawlul for such person or ussoeialion of
persons, in ease they shall so elect before receiv
ing any ol the said bills or notes, to secure the
payment of the said bills or notes so to bo issued
by transferring to the said comptroller and com
missioners bonds and mortgages upon real estate,
bearing ut least per cent, interest paya
ble annually, in which ease all such hills and
notes issued by said person or association of
persons shall be stamped on their face "Svco tired
by pledge of real estate,”
M;c. 8. And be it further enacted. That
such bonds and mortgages shall be only upon im
proved. productive, unincumbered lands within
litis Mate, w orth. independently of any buildings
thereon, at least double the amount for which
they shall be so mortgaged; and the comptroller
and commissioners shall prescribe such regulations
for ascertaining tlte title and the vu’ue of such
lands, as they may deem necessarv ; mid such
bonds and mortgages shall be pay able w ithin
such times as the comptroller and commissioners
may direct.
Ssc. 8. And he it further enacted. That the
si d comptroller and commissioners inuv, in their
d -notion, re-assign the said bond- and mortga
ges, or any of them, to the person or as.-o datum
o’ persons who transferred t ic same, on receiving
o her approved lannis and mortgages ol equal
amount an I value.
Sar. 10. And hr it further enacted. That
tin 1 person or association of persons, so assigning
sn h bonds and mortgages as aforesaid, may re
ceive the annual in'erc-t to accrue thereon, uti
le tr, in the opinion of di ■ comptroller and com
nussioaers, the ben Is and mortgages so pledged
shall be ouic insulin'Vnt «:urity for the pay
ment of such hills.
car. And b' it further enacted, That in
r ’ 11 vi a person or twrsocitvfion of persons.
•Ii .ll ijil ,<r rcfu-e to pyx stub bill-, or notes on
di'inaml, in tit? manner specified in the 4tti «cc
lion of the net, ilie comptroller and commission
ctn, after the t mi days’ notice there in mentioned, I
may proceed to sell at public miction the public
1 stock so pledged, 01 the bonds and mortgage* to
assume I, or any or either of them, an.l out of j
the proce Is ol udi sales shall pay anil cancel j
the said hills or notes, default in paving which
shall he made a ; aforesaid ; ] mt _ nothing in Ibis
act contained shall h ■ considered as iniplvinganv
pledge or liability on the part of this .''tale, for
the payment of the said bills or notes, bevond
tlie pro) e application of the securities pledged to
ihi' comptlolh r and commissioners for their re
domption.
iSi:c. 13. A id hr it further rm.c'ul, That
tin comptroller and commissioners . hall be, an 1
they are hereby authorized to receive from such
person, or association of persons, if they shall
s i elect, bonds and morlgag. s for town, or other
properly, or negroes, before receiving any of the
sad bills or notes, to secure, of four-fold value
ol i u h hill or noies : J‘iuv.il'il, never! helem, That
the said comptroller and commissioner* shall be
satisfied of the tile and value thereof: Amt jirn
viitid utso, Thai the said town or other property,
it subject to diminution or destruction by fire,
shall lie. in u.ed t i the satisfaction of such comp
troller and commissioners, or a majority of them :
h '"l provideit further, That Ihe negro property
to he i Ifored do not exceed one hull of the
whole amount of such hills or notes. And when
ever the hills mid notes so to bo issued, and the
payment of which shall he scoured us contem
plate,l in this section, said bills and notes shall he
stamped on their face, “Heeured by the pledge
ol na! and personal properly;” which bonds,
mor cages md negroes, shall he sold in like
manner as property is sold under execution,
and in the . minty where the owner or owners
thereof reside, and by the sherifl - of the county,
by orders ol lhe comptroller and commissioners,
!■ is. 111. And hr. it furlhir enacted, That
the puhli ■ debt, stocks, b inds mid mortgages, to
be deposited with the comptroller and commis
sioners by any such person or association, shall
he held by (linn exclusively for the rc leniption
ol the hill , or notes of such person or association,
put in eir.-illation as moiiey, until the same un
paid. lint lie’ same sh dl le ren -wed every live
piars.il in the opinion of the comptroller mid
commissioners, or u majority of them, such re
new tl shall he re juiced t > suvugtli, n such secu
rity by the addition or substitution of other pm
perty.
N.t. 11. Ami hr it further enacted, That the
p'lbes, dies, and tennis I> he procured us a fore
st'd, for Ilia printing, making and marking the
Circulating notes provided for by this act, shall re
main in the custody, and under the control and di
rect! n ul 111- comptroller and commissioners;
and the expenses necessarily incurred in execu
ting the provisions of this net, shall be audited
ami settle I, mid paid in the usual way out nf anx
in 011 i .in the treasury nut otherwise appropria
ted, and lor the purpose of reimbursing the same,
the said comptroller and commissioners are here
by authorized and required to charge against, and
receive from such person or association applying
f>r such circulating notes, such rate per cent. 1
f icrerm m may hesuflieienl for that purpose, and
as may be just mid reasonable. I
• s i;c. 15. Ind he it further cnurlcd, Thai it >
shall not he lawful for the comptroller, eommis- I
sioner, or otb'r officer, to e undersign bills or
notes for any person or association of persons, to I
in amount ni Ihe aggregate exceeding the security i
i tl' r'd, ol its value ns before provided for and I
telii diy deposited with the comptroller mid com- <:
nnssioiie.s by such person or association ; and i
any comptroller, commissioner, or other o/licer,
who shall violate any of the provisions ofthis u-l, li
shall, nimn convieiion, be adjudged guilty of a a
misdemeanor, and shall be punished by a line tl
n il less Ilian dollars, and imprisoned not
le.,s Ihun five years in the Penitentiary. a
N e. 10. And be it further mini d. That if
any person or assoeiiilion of persons shall be eon- d
vieted of running oil", or attempting so to do, any
negro slave, so mortgaged as aforesaid, he or they a
shall he adjudged guilty of felony, and shall be o
punished by confinement in the Penitentiary tor o
a (e in not lea tli-nfive, nor im n Ilian ten tens, si
at tile discretion of'llie Court.
• kc. I r . .1 nd hr its. rh r enacted , That any ri
number ofpe sons may associate to establish oln- ai
ees of discount and deposileand circulation, upon s|
the terms and conditions, and subject to the lia- in
hi lilies preserihed by this net ; hut the aggregate as
amount of the capital slock of any such assoeia- in
lion, shall not he less than $lOO,OOO. Such di
persons, under their hands and seals, shall make
a certificate which shall spoeitV ■'— ri
I. The name assumed to distinguish such asso- ti
Illation, and to be used in its dealings, al
11. The place where the operations of discount e.
and depusite of such association are to be carried si
on, designating the particular eily, town, or xil
la go. h
til. The amount of the capital stack of such si
association, mid the number of shares into which o
the same shall he divided. u
IN’. The naiie's and places of residence of the o
shavehaldcics, and the number of shares held by s
ui 'h of them respectively, e
V. The perio >at which such association shall si
commence and terminate, xvhieh certificate shall tl
be proved .m l u. xiiowledged, and recorded in the a
olli.eef the (’lerk of the Superior Court, where p
any ofiiee el ? neh assoeiiilion shall be established, a
and a copy tliereot filed in the olVieeoftlie Comp- (
troller. i
See. Ift. ,luu he It further enacted, That the 1;
certificate required by the last preceding section s
to Ih' .eeonled and filed as aforesaid, or a copy
thereof, duly certified from the record, shall be re- u
eeived in any evidence in any court in this n
Slate. I
Sue. 11), Ind hr it further enacted. That |
eueli assueiationshall have power to carry' on the s
business of banking by discounting bills, notes, *
and o ber evidences of debt ; by receiving depos- i
it s. by buying and selling gold and silver bullion, i
I foreign coin, and bills ol exchange, in the manner i
specified in their articles of association, for the
purpose authorized bv this act; bv loaning man- i
ey on te.il or personal security ; and ly everei- i
sing sncii incidental powers ns shall he neeessiirv i
to carry on such business ; to choose one of their s
number us President ol sneli association, and to I
appoint a cashier, officers, and agents, at pleasure 1
attd appoint others in their places. I
tSi.e. 30. And be it further enacted. That the ,
shares o. sui.l association shall be deemed personal )
property, mid shall be transferable on the books of i
the association in such manner as may be agreed i
upon in the articles of association; and every i
persJtt becoming a shareholder by su 'll transfer. I
shall, in proportion to his shares, succeed to all 1
the rights and liabilities of prior shareholders; and i
no chan re shall be made in the articles of assoeia
tii a. by which the rights, remedies, or security i
of its willing creditors, shall be weakened or im- i
paired. Such association shall not be dissolved ■
ly the death or insanity of any of its shareholders i
therein. ,
i .31. And he it further enacted. That it ,
; hull lie lawful Iv!r any association of persons or
ganized under this net. by their articles of a soeia
li ni. to provide for an increase of their capital,
and of the number of the associates, from time to
time, as they may think proper.
f'.-e. 33. And he it further enacted. That cen
tral Is made by any s.u h assoeiatum, and all notes
and bills by them Issued and put in circulation as
money. shall be signed by the President or Vice ,
President, and Casiiier thereof, and all suits and
actions brought or prosecuted by cr in behalf of
such association, may be brought, or prosecuted
in the name of the President thereof, and no such
suit or action shall abate by reason of the death,
re-donation, or removal from office, of such Presi. 1
dent, but upon vnggeetiou of such fact, partie* I
may he nude ami the . proceed. ai it' im hi. h
disability had intervened.
Bec. 23. And he it further enrrtnl, Thai all
persons having demands against any sueh associ
ation, may in lintain a lions against the Presi
dent irt like manner, and all jadgiatjcnl) and de
crecs obtained or rendered agfinsi such President
for any debt or liability ot «n»h association, shall
he enforced only against tlm joint properly or
such association.
Bfc, 24. And hi■ It farther enaeted, Thst no
shareholder ot any such a-socafimi, shall he lia-
Me in his individual capacity for any contract,
d ie, or engagement, of such a. octillion, unless
the articles of association by Khfc signed shall have
declared such liability.
Bec. 26. And hr it further enaeted, That it
shall he lawful for such as.aiitien to purchase,
hold, anil convey, real estate for tho following
! purposes—that is to say, sueh as shall lie neces
sary for its immediate accommodation in tho con
venient transaction of its business; or
Such as shall he mortgaged Ift it in good faith,
byway ot security lor loans made by, or money
due to, such association ; or,
Bitch as shall he convoyed to.it in satisfaction
of dehts*prcviously contracted in the course of its
dealings; or,
Bitch as it dial! purchase under judgements or
mortgages held hy such association.
Bei . 2fi. And be it further e.r\ur!ed, That up
on the application of creditors or share-holders of
any such association, whose debts or shares shall
amount to five thousand dollars, urn! slating facts
verified hy affidavits; or if at any time the said
comptroller and commissioners shall deem il nec
essary, either from facts testing within their own
knowledge, or from information supported hy oath,
upon the application of sueh comptroller and
commissioners, the Judge of the Bnpcrior Court
ol the District in which any such association shall
he located, or he doing business, who shall, in the
exercise of chancery jurisdiction in rhuinbr-rn up
on a proper case made, order a strict examination
to he made hy either uiThe said commissioners, or
any other lit and proper person, of all litc allium
ol such association, lor the purpose of ascertain
ing the safely of its investments and the prudence
“fits management; and the result of every such
examination, together with the (pinion of sueh
exam tier, and sueh Judge (her. mi, shall he pub
lished in su h manner as the sail, Judge shall di
rect, and shall make stieii order ia respect to tho
expenses of sueh examination and publication ns
tie principles of justice shall require.
Bec. 27. And he it further enacted. That ev
ery such association shall, on tho first Mondays
in April and October, in every year, after having
commenced the business of Hanking, as prescribed
by this art, make < ul and tr uism t to the, comp
troller and commissioners, in the form to be pre
scribed hy them, a full statement of the affairs of
the association, verified hy the oath of the Presi
dent and ('a dder, which statement shall contain—
s. The amount of tho capital stock paid in ac
cording to the provisions of this act, or secured
to he paid.
If. The value of the real estate of the associa
tion, specifying what portion is occupied hy the
association as necessary for the transaction of its
business.
Hi. Ihe shares of stock held by such associa
tion, whether absolutely or as collateral sceurilv,
specify lug each kind and description of slock, atid
the number and value of shares of each.
IV. Tho amount of debts due to tho associa
tion, specifying such as are due from monied or
other corporations or associations, and also speci
fy ing the amount so. tired hy bond and mortgage,
orjndgement, and the amount which ought to ho
in duded in the computation of losses.
\ . The amount of debts due by such associa
tion, specifying such as are payable on demand
and sueh as are due to monied or other corpora*
Lons or associations.
VI. Tho amount of claims against the associ
ation not acknowledged by its debts.
\ 11. The amount of notes, hilts, or other evi-
Jenees of debt issued hy sueh association.
\ 111. The amount of tho losses of such associ
ation, specifying whether charged on its capita!
n profits since its last preceding statement, and
if its dividends declared and made during the
lame period.
IX. The average amount, in each month, do
ing the preceding six months, of the debts due to,
md from the association ; the average amount of
pccie possessed by the same during.each month,
mil the amount of bills and notes issued by such
association and put in circulation as money, and
mtstanding against tho association on the first
lay of each of the preceding six months.
X. The average amount in each month, do
ing the proceeding six months,due to tho associn
ioti from all the shareholders in tho association ;
ilso, the greatest amount due to the association, in
xich of the preceding six months, from all tho
shareholders in such association.
XI. The amount which the capital of said as
mciation has been increased during the preceding
-ix months, iftherb shall have been any increase
of said capital ; and the names of any persons
who may have become parties to the said articles
ol associations, or may have withdrawn therefrom
since the last report. It shall be the duty of the
comptroller and commissioners to consolidate the
several spring reports so required to be made by
this section, and to cause them to be published in
a newspaper printed In the county where tho
place of business of sueh association is situated,
and in one or more papers printed at the sent of
(•overnnisnt; and the October reports to be trans
mitted to his excellency the Governor, to be laid
before the General Assembly,.—the expense of
such publication to he paid by sueh association.
Bee. 28 And he il further enacted, That if
any such association shall neglect to make out
and transmit the statement required in the last
preceding section for days beyond tho
period when the same is required to he made, or
shall violate any of the provisions of this act,
such association may be proceeded against and
dissolved hy the court in the same manner as any
monied corporation may he proceeded against and
dissolved.
Bec. 20. And hr it further enacted, That if
any portion of the original capital of any such asso
ciation shall be withdrawn for any purpose what
ever. whilst any dt bts ol the association remain un
satisfied. no dividends or profits on the shares of
the capital stock of the association shall thereafter
he made until the deficit of capital stock shall have
been made good, either by subscription of the
shareholders, or out of the subsequently seeming
profits ot the association; and it it shallapjioar that
any such dividends have been made, it »hall be the
duty ot the comptroller and commissioners to take
neee.-s.iry measures, by injunction or otherwise,
fir closing the alfairs of the association and distri
buting its property and efi'ccls among its creditors
and shareholders.
Sec. 30. And he it further enacted. That such
association shall be liable to pay the holder of eve
ry bill or note put in circulation us money, the
payment of which shall have been demanded and
refused, damages for non-payment thereof in lieu
of interest, at and after the rate of per
cent, per annum, from the time of such refusal, un
til the payment of such bill or note, and the dama
ges thereon.
Bec. 31. And he if further enaeted, That the
President and Cashier of every such association,
formed pursuant to the provisions of tins act. shall
at all times keep a true and correct list ot'ijic names
of the shareholders of such association. And, shall
tile a copy of such list in the office of tin? clerk of
the county, where any office of itch association
may be located ; and also, in the office of the
comptroller, on the tin!! Mondays in April mid
October in every year.
Sec. 32. And he it further enucled. That it
shall not be lawful for any association formed un
der the provisions of this act, to max# any of its
bills or notes of u denomination less than $ to
I's pul iiulitii'a foil j. money. payable at any oth
er place* than ul llic office where the husni. fe.-; ul the I
ii-’/jo, i ition is carried on ami conducted. 1
Sec. 33. And he it fuiifur enacted, That no
association!of persons,authorize 1 I) carry on the i
business of (unking uuLt this act, shall at any i
time lor the space of days have,
on hand at tli< ir place of business U» than
percent, in specie on the amount of the
bills or note.; in circulation as money.
8i e, 31, And be H further enacted. That the
comiul sinners contemplated by this act, shall be
elected by joint ballot of both branches of the
< iener il Assembly,during the present cession, and
at every subsequent session thereafter; and shall
be subject to lie removed in the manner pointed
cm by the constitution, said commissioners shall
lie commissioned by the Governor, and shall, to
gether with the comptroller, take an oath for the
faithful discharge of the duties required by this
act, and shall each receive $ per day for
each day they shall be actually engaged in their
duties, to bn rateably paid by such association in
the manner herein before pointed out by this act
for the payment of expenses,
iSei . 35. And he it further marled, That the
General Assembly may at any subsequent re sion
alter and amend this act.
■ WAunBEW v.mwanti■ ■■■■ m
CHItONICLE AND SENTINEL,
A II (J U H T A .
SATURDAY MORNING, NOVEMBER 24.
Massachusetts.
The Boston Atlas of the 10th contains returns
from 3G9 towns in which the vole stands for
Everett, (whig) 47,527
Morton, (loco loco) 37,751
Everett’s majority, 9,776
Michigan.
We have returns from 17 counties in tills State
in which the majorities for Coir rcssman s mid,,
Wells, (Whig) 1078, Chary, (Van Huron) 701 i
Wells, 337 ahead. Eleven counties to he heard
from.
The election for Congressman in the fourth
Congressional District in Vermont, has resulted
in lavor ol John Smith, (Loco Foco) over Heman
Allen, (Whig) by a majority of about 300.
Health of Charleston.
The number of deaths in Charleston daring
the week ending on the 31 St, as rc ported by the
bocjd of health, were 11 whites; 4, blacks?, —1
by Strangers Fever.
From our Correspondent. • ,
li.ILTI.MOKK, Nov. 17.»
The result of the election in Massachusetts
has greatly disappointed the Loco Focos. They
hoped by getting up dissensions in the Whig
ranks on the miserable question of retailing a
certain amount of spiritous liquors, and by array
ing all the dram drinkers in the community
against the M higs, to defeat them. But the Loco
Foco victory so much boasted of in advance has
turned out to be a signal discomfiture. The Whig
candidate for Governor is elected by a majority op
from ten to twelve thousand votes. The far
greater portion, if not the whole of the State
Senate will be composed of staunch, true, and
patriotic Whigs, and the Whig majority in the
popular branch of the Legislature will bo so great i
that the Loco Focos of that body will hardly be of 1
sufficient importance to bo placed on the muster 1
roll. '
All the candidates for Congress except two i
arc known to be elected. In the Bristol District 1
Mr. Williams, a Loco Foco, is elected over Mr. (
Borden, who was elected to the present Congress 1
as an Administration man, but became Conserva
tive. In the District represented at present by :
Mr. Parmenter, (loco foco) it is believed that the
Whig candidate (Mr. Brooks) has succeeded, I
but all the returns have not been received.
The Delaware election has resulted in the
choice of Robinson, Loco Foco candidate for ,
Congress, over Mr. Milligan, the present mem
ber by a majority of forty-three. It is believed
however, that there will be a small Whig majori
ty on Joint Ballot, which will secure the election
of a Whig United States Senator.
Mr. Southard, the present distinguished Whig
Senator from New Jersey, has been re-elected for
six years from the 4lh of March next. His op
ponent was the discarded Secretary of the Navy,
Mr. Dickerson, his majority was twelve.
The last account from Michigan rendered high
ly probable, that the Whig candidate Wells, who
was far ahead would beat his Loco Foco eompe-,
titor Crary, and that there would be a Whigma-I
jority on Joint Ballot, so as to send Mr. Lucius *
Lyon, to private life after the next 4th of March’
and give another Whig to the United States Sen
ate. M.
Later from Canada— Another Battle.
In yesterday’s paper we published an noeouiq
of an invasion of the Canada Frontier, near the
Wn of Prescott. By the Express Mail yester
day morning we received intelligence one day
later, by which il will be seen that a battle 1
was fought on the 13th, between the Patriots and
Loyalists, in which the Loyalists was twice re- 1
pulsed with great loss, and finally left the field 1
to wait for reinforcements, for which an express
w as sent to Kingston. (
From the Ogdensburg Times $• Advertiser (Extra.J I
Novkmueu 13th. i
After six o’clock last evening, things remained
very quiet through the night. There were how -
ever some reports of cannon during the evening i
at long intervals, ’ ]
During the evening the Telegraph came in, |
bringing some U. 8. troops with Marshals, &e. ,
They took possession of the United Btates. Our ,
j citizens held a meeting during the evening, to
take measures for defence, but as our work had
been delayed by the confusion of the day, we
could not find time to attend. ' i
Early this morning it was discovered that the c
armed steamboats Cobourg and Traveller had ar
rived with troops. About seven o’clock this
morning the armed boats opened a fire on the
parly at the Yv ind Mill, which soon brought n j i
large both of spectators to the Mill point the near- ■
est American territory. (
The point on which the Wind Mill stands is i
one of some twenty feet elevation above the Bt, v
Lawrence. The country back rises gently for s
about one hundred and fifty rods. The land about d
it is highly cultivated and presents a charming t
landscape, with orchards, shrubbery and substan- i
tial stone buildings. j (
-> >J % \ \
I'ue Wind Null i' a circular, massive .- toue <
building allording ample shelter against any shots
that the boats were prepared to throw,
Tho cannonading between the. Wind Mill and
the three armed steamboats continued to bo the
scene of attraction till nearly eight o'clock, when
a line of (Ire blazed along the summit of the hill in
rear for about eighty or a hundred rods, and the
eraek of tlr > rifle and musket made a continuous
roar. The scene was one of most intense excite
ment and solicitude-. The reflection, that men
full ol high hopes and ardent expectations, were
hilling by hundreds, wasc.dcul.ited ta awaken the
most painful emotions.
The action on tho brow of the If 11 continued
some twenty or thirty minutes, when one party
gave way, the other followed, and the combatants
passed out of view over the brow of the hill; lut
tho contest raged fiercely as was evinced by the
continuous roar of musketry.
Another scene came in view; a party marched
down by the river road and opened a warm fire
upon a stone building in which the rebel forces
were quartered. This battle continued with spirit
for some time, when the loyalists retreated and
•he combatants over the hill became fainter and
fewer, till about iitnc o’clock, when all seemed
bushe l for the moment. The rebel forces were
left in possession of the ground, but they seemed
to lie iu no condition to follow the retreating party.
I' rom nine o clock till three, there was not
much of excitement in the scene. An irregular
lire was kept up on the Wind Mill, and a body of
regulars scut an occasional volley at a stone house
in which nbody ot the assaulting party were
sheltered.
At three o’clock P. M., a barn a short distance
from the Wind .Mill was consumed by fire. This
was probably done by the rebels, as the bain a N
forded a shelter to t lie loyalists.
7 o’clock, P. M.
We have reports from the field of battle this
evening, it is stated that six hundred regular
troops wore engaged, besides the volunteer mi
litia.
Major \ ouug, the offher hi command at Pres
cott, a bravo and excellent officer in the British
army, is supposed to have fallen. The report is
that tlie commanding officer fell early in the
morning, and that several rflorts h ive been made
by the loyalists to recover his body without suc
cess.
J lie r. lad forces were in three detachments.
O.ic occupying tho Wind Mill, another a stone
bail ;ing, and the third were posted cn the brow
of the hill, and sustained most of the morn
ing’s work.
It is reported that the field is covered with
the dead and wounded soldiers of the Govcru
m ent, while, so far as was known, but thirteen
ot the rebels had fallen. The Schooners which
brought the invading forces down, was taken this
morning by the officers of the United states
for breach ot neutrality, though we understand
lhat one of them was a British vessel. Bo far
“too Patriot ’ forces have sustained themselves
against fearful odds and with signal success.
M hat tile result will be, it is impossible to pre
T \
From the Sachet's Harbor Jrarnal Extra of Nov. 11 >
Tho steamboat Oneida, just arrived from Og
d -nsburgh, brings the following news:
A severe engagement took place at Prescott,
yesterday, commencing at 8 o’clock, A. M., and
lasting about seven hours, between the Patriots
and British forces—About 500 Patriots and 300
British Regulars, together with some Militia, were
engaged. The battle took place about a mile lie
low Prescott—the Patriots having possession of
several stone buildings, several were killed and
wounded on both sides—the. British however,
sustained by fir the heaviest loss. Col. Young,
Hie British commander, was among the killed,
his body being pierced with seven balls. The
British were twice repulsed by the Patriots, and
finally loft the field to wait for reinforcements, for
which an express was sent to Kingston.
During the action the British put their dead
ami wounded in a hum, behind which tiiev shel
tered themselves, 0p.,1 (he Patriots, to dislodge
them, set it on tire, when it was consumed, to
gether with ilsc intents ; immediately after which,
tlie British retreated to Prescott for the last lime.
The steamboat United States and two schoon
ers were seized yesterday by the U. S. Marshall,
under the Neutrality Uaw, and arc now on their
way to tins port, under his charge. Mr. Foster,
the steersman of the steamboat United States was
killed by a graneshot from tiic British steamboat
Experiment, yesterday, while engaged in putting
a schooner oli the flats in Ogdeusburg harbor,
after firing into the United States, the Experi
ment attempted to run down the schooner Char
lotte, but was fired into by the Patriots on board
ot her killing six and wounding five, after which
tlie Experiment retreated to Prescott. A small
boat containing 4 or 5 patriots, crossed from Og
densburgh to Prescott, was fired into by the Brit
ish steamboat Cobourg and disabled, and then she
run along side and fired upon them, sinking tlie
boat and killing every person that was in her.
i lie steamboat Oneida lias been chartered by
Colonel Worth, for tho United States service, and
is to return immediately to the River St. Lawrence
with troops from this place.
The Oswego Palladium mentions a rumour
that 1500 patriots had taken Malden (U. CA with
200 British soldiers.
From the Onondaga Standard, Nor. M
Steam Boat Great Britain Burned.
Just as we were putting our paper to press last
evening, Hie packet from Oswego arrived, bringing
intelligence that the steamer Great Brita(|was
burnt at the wbarfin Kingston, on Sunday night,
ehe was fitting out as a government vessel to fight V
the patriots.
Correspondence of the Boston Atlas.
Mdnti’eli kii, Nov. 13.
Our last news from the St. Johns vicinity
was that the royalists with the aid of an American
steamboat, had succeeded in bringing out 000
troops and landed them near Isle au Noix, thus
hemming in Nelson and cutting off either the
way of escape to, or aid from, the States. Os
course we have been anticipating either bard
fighting or the li t.fi dispersion of Nelson’s hand.
But for two days past the mails have brought
absolutely nothing; no confirmation—and no
denial either—of the Odieton bailie.
I o-night, the Stonstcad driver reports that
last evening there eras lighting
ami two of the principal men (royalists) of the
village kdlpd when he left, at midnight. That
is possible—but iftrue.it is unexpected. The
eastern townships arc generally supposed to be
loyal, and immediate war was not apprehended
m that vicinity.
We understand, says the Buffalo Commercial
Advertiser, that tire Milwaukie has been charter
ed by tlie Canadian government for service on this
lake during tho season, and that it is intended to
put an armament on board. The Milwaukie is
one of the swiftest boats on tho lake, and was for
a time last summer in the service of the United S.
Six valuable race horses were burnt to death
in the stable of Milton King, of Burksville, Kv.,
on the 10th instant.
From the New Yurie Herald, Nov. 17.
1 in, Liveiipiiol Aii aix.— Ruitiois ns lo the
probable fate of this steamer, were s ill rife lids
morning The most important was that iu rela
tion to her liberations anterior to iier departure for
lids country. Ii was said that she had been di- t
vtded midships and lengthened. If this be due
she was weakened, and has undoubtedly gone
down Bunt is as false as any thing could be.
U e do not believe, that the Transatlantic Com
pony could be so reckless as lo send such aves-o!
• o sea. While iu Liverpool, wc visit- d her revs
;* '1 Mardwl Sm.lt wa , „ n
mnal W e examined her very closely, and can
say that the steamer Live pool, L Hie strongest
steamship I hat was over let loose upon the \t,
[antic Ocean. She is even more so than U lu
Orest U tstern. As to the reports about her king
sunlt, we stated as much this morning.
I.nte Irom Texas.
The New Orleans Bee slip of tho Dili,
postscript, announces the arrival of the steam
pt'- ket Cuba, from Galveston, Texas, bringing the (
Houston papers to the 10th, which contains the
proceedings of the first three day’s session of
the new Congress, assembled at Houston on t| l( ,
sth, from which the following brief extracts arc
taken.
“ In the Senate Mr. Lamar, the Vice-President
and President elect of the Republic, withdrawing
from the Chair, Mr. Stephen 11. Everett, of
Jasper, was elected President pro lem., Mr. K.
1,. Stiekney, was elected reporter, John 1). Me
Lead, Chief Secretary : A. P. Thompson, as
sistant do; and Win. P. Brashicr and Wm. J.
Branum, clerks.
Considerable discussion was had on the mo
rn otion to elect a Chaplain, which was determin
ed in the affirmative, and the Rev. Mr. Frazier,
was elected.
In the House, Mr. John H. Hansford, was elect
ed Speaker, and delivered a very handsome ad
dress upon taking the Chair. Jno. W. Eld ridge,
Win. Badgctt, Thomas Green, R. Bache, James
Benlco, Geo. S. Straiten, and E. S. Johnson were
elected to the various offices in the House. Hp>.
Jno. McCullough, of New Jersey, was elected
Chaplain.
The President of the Republic, Gen. Houston,
and the Congress appear to bo at loggerheads
Ho has been in tho habit of delivering liis mes
sages to the two Houses verbally. At tho open
ing of this session, committees were appointed to
inform him that Congress was ready to receive
any written communication which he might have
to make. lie returned a brief message “saluting
the honorable Congress,” and stating that if he
had not keen restricted in the mode, he should
have presented some important imfonnation and
suggestions on the ailairs of the country; as it
wa«, hedccl.nod any further communication with
Congress than to enclose tiro reports of the heads
of the departments.
indium Difficulties,
A resolution passed both houses on tho first
day, to appoint a committee -for the purpose of
preparing an address to all the citizens of Texas,
urging them to rush to the rescue of the inhabit
ants of our frontier, who arc now experiencing ail
the horrors of a savage war.”
Forty thousand dollars were appropriated fur'
the purchase of clothing Arc. so • the soldiers, anil
tho support of an expedition of 250 men, against
the hostile Indians, and authority given to general
Baker to make use of any stores, ordinance or
munitions of war in the arsenal at Houston.
The following resolution was offered in tho
i house.
" Resolved, That the late intelligence of Indian
hostilities from the Indians of the U. S. recently
emigrated to the neighborhood of ihe North East
ern frontier ot this republic, claims tho earliest at
tention of this house, and that the President be.
requested to communicate, as speedily as possible,
with the Minister of Texas, at the court of the
1 . H. in relation thereto—(hat the government of
the U. States may be officially apprized of the
actual warfare of the Kickapoos, Coshattces, Cad
does, Seininolcs and Choctaws against this repub
lic. Referred to the committee on military affairs.
A passenger with whom we conversed, says the
Bee, states that about 400 men wore already on
“in the woods” against the Indians. We copy
the following from the Telegraph :
“ Wo 1 tave been informed by the Hon. Mr.
Wright, from Red River county, that Mr. Neal,
an Indian trader, has recently visited the villages
r °f Hostile Indians on the head waters of the
1 riiiity. He states that the chief village of these
Indians is situated near the Three Forks of tbo
I rinity, and contains about seven hundred war
riors, who have congregated from the remnants of
the tribes of Caddoes, Wacos, Keaehies, Towac
anies, Ironies, Chcrokeos, and a few Seminolcs.
To tho westward of this village, is another settle
ment containing about three hundred warriors.
These savage refugees have been for some months
concentrating their whole force at these two points,
from which, ns a common centre, ail their plans
of mischief are directed. They have recently
been instigated to commence their depredations
upon the citizens of that frontier, it is believed,
by Mexicans. Weave glad to learn that Gen.
Kusk is making the necessary arrangements to
attack these villages with a force sufficiently
large to overcome all opposition, and ensure suc
cess. A company of fifty-five men left Washing
ton about a fortnight ago, and it is expected, h,avo
ere this, joined the army at Fort Houston.
Iho Militia Guards of this city, numbering
sixty men, will leave to-morrow for Fort Houston,
and it is expected a hundred and fifty mounted
men of the militia will soon follow them, to 1.0
under the command of colonel Bonnel. This
f ree will augment that now with Gen. Rusk to
such a degree, that he will be easily enabled to
force these Indians from their strong holds, and
drive them into tlie western wilds beyond the
Cross Timbers.”
We were sorry to leam from the gentleman to
whom we have alluded above, that prospects in
the young republic were any thing but favorable
0(o her welfare. The very serious inroads of tho
Indians on the West, and the unfortunate diffi
culties between the departments of the govern
ment, give her affairs a gloomy east. Texas,
however is in her infancy, and whatever troubles
she may have to contend with, wc do not doubt
the ability of our countrymen there, to establish
a permanent government, and give to their new
home an enduring prosperity.
Consignees perSoulh Carolina Hail Road ,
Hamburg, November 23.
fiaini & Rowland, T. Dawson, W. E. &J. IJ.
Jackson, Kerrs & Hope, Rankin, Boggs & Co., W.
M. Crane, T. J. Parmelee, J. Kent, C, Hoffman, F.
H. Cmk?, Clarke, MeTeir & Co., E, u, Cooke, It.
L. Johnston, Eagle & P.unnix Hotel, E. B. Beall, T.
11. Wyatt, J. F. Benson, H. L. Jeffers, Dcndy &
Key, Leo. Parrott.
CoiiMcTsocr, per G«or ria Rail Road,
r,.. .. Augusta, Nov, 23,1535.
D ..ntignne & Hill, G. 11. Jessup & Co., Stovall,
Simmons & ( 0., Moore it Davis, Rees & Beall, T.
Dawson, M. Griffin, 11. C. Bryson & Co., S. Knee
land & Son.
*TIARIA li j NTE LUG ENGkT™
Chaih.eston, November 33.
Arrived yesterday —Steam packet North Carolina,
Davis, Wilmington ; steamer Clarendon, Rothwell
Wilmington.
Cleared —Ship Plato, Tubbs, Wilmington; brie
Lion, Gilpatriek, Wilmington ; sebr. Antelope, Gil
tord, Philadelphia ; schr. Ontario, Allen. New Or
leans ; schr. Saunders, Panning, Wilmington: steam
packet North Carolina, Davis, Wilmington.
Wtto sea yesterday —Line ship .Sutton, Berry,
■'°' v York; steam packet North Carolina, Davis,
Wilmington.
Augusta Benevolent Society.
Tho X isiting Committees for the- ensuing month
are as follows;
_Vi vision No. I.—Mr. James Godbeherc, John
Kni-ht, Mrs. 0. Smith, Jits. Waterman.
Division No. 2.—Mr. Benjamin Hall, Dr. B. Har
ris, Mrs. Mary Morgan, Miss Morrison.
Division Ain 3 —Mr. P. Flemming, John Cashin
Mrs. li. MeKimde, Mrs. Collier.
novSu C. F. STUKGES, See’y.