Chronicle & sentinel. (Augusta, Geo.) 1838-1838, November 24, 1838, Image 2

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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.