Newspaper Page Text
MISCELLANY.
.His, 4'n mile's Curium l.ccturcs.
LECTURK I.
Mr. Caudle has lent fit): pounds to a friend ■
“ You ought to be vary rich Mr. Caudlcw I won
iter wilt'd lend you live pound* ! Hal no it ia, a wile
may work and may slave! iii.dear ! the many thinga
that might hate been done with five pouads ! As if
people picked up money in the sireel ! But you al
ways were a fool, Mr. ('audio t I've wanted a black
sunn gown tUc-e three years, and live pounds would
have pietty well bought it. Bat its no matter how I
H —not st all. Every body says ( don't dress aa be
comes your wile—and I know it: but what's that to
you,Caudle 1 Nothing. Oh uo ! you can have fine
feelings for every body except those belonging to you,
I wish people knew you as I do—that’s all. You like
to I* called liberal —and your family pays for it.
All the girts want bonnets, and whea they’re to
get ’em I can't tell. Nall live pounds would have
bought'rm—but now they must go without. Os course
they belong to you ; and any body but your own flesh
and blood, Mr. Caudle.
•* The man called for the watci rate, to-day, but I
should like to know, how people sre to pay lirrt,
who throw away five pounds to every fellow that
asks them,
•• I‘eihapa you don't know that Jack, this morning,
knocked hia shuttle cock through the bed-room w in
dow. I was going to send for a glazier to mend it :
hut after you lent the five pounds I was sure we rould'ut
afford it. Oh no ! the window must goes it is, sad
pretty weather for a dear child to sleep with a broken
window. He's got a cold already on his lung*, sa l I
shouldn't mail wonder if dial broken window aettlad
him—if the door hoy dies, his death will be upon his
father's head ; for I am sore we cau’t now pay to nu'nd
windows. W e might though, and do a good mmy
more things, if people didn't throw away their five
pounds.
•• .Next Tuesday, the fire insurance is due. i should
like to know how it’s to be paid. W hy, it can't be
paid at all. flic five pounds would have jest done it.
—and now insurance is out of the question. And
there never were so many fires as there ate now. I
shall ncvei close my eyraall night—but what's that
to you, so people call you liberal, Mr. Caudle 1 Your
wife and children burnt alive in their beds— aa all of
us to a certainty shall lie, for the insurance must drop.
And afler we've insurej for so many years ! But how,
I should like to know, are |>rople to insure, who make
ducks and drakes wilh their five pounds 1
•• 1 did think we might go to Margate this summer,
‘filer's poor lillle Caroline, fin sure she wants the sea.
But. no, dear creature ! she must slay at home—she'll
go into consuoipli in, Ibeie's na doubt of that; yes—
dear little angel—l've made up my mind to I esc her,
now. The child might have been saved ; hut people
can't save their children auJ throwaway their five
pounds too.
•• 1 wcn.ler where poor little cherub is ! While y o u
ware lending that five pounds the dog ran ant of list
shop, \ou know I never let ngo into ihe street, for
fear it should Us bit by same mad dog. aud come home
and bite all life childien It wouldn't now at all as
tonish me if the animal was to come back wilh the hy
drophobia, and give it to all the family. However,
what s your family to you, so you ran play the liberal
creelnrc wilh five pounds I
” Do you beer the shutter, now its hanging to and .
fro * Yes—l know what it wants as well as yau, it
wants anew fastening. I was going to send for the
blacksmith today. But now it’s out ol the question ;
now it must bang of nights, since you have thrown
away five pounds.
” Well, things have cotne to a pretty pasa ! This
is the first night I ever made iny supper of roast l-ecf
without pickles. Bui who is to allord pickles, when
folks are always lending five pounds ?
■* Ah ! there's the soot falling down the chimney.
If I hate the small of any thing, its the smell of soot.
And you know it ; hu’ what are my leeliriga to you I
Sweep the chimney I Yea, it's all very fine to say
sweep the chimney—but how are chimneys to be
swept how are they to he paid for by people who
don’t take care of their five pounda ?
“ n./aw- Lskw - .... - I—, .k —< l • 1
1 Ue*r them. If they were only tedrag you out of bed
it would be uo matter. Set a trap for ’em, But ho*v
bfv people to a (lord the cheese, when every cloy they
loose five pounda 1
“ Hark ! I’m sure there’s a noise down stairs, It
wouldn’t all surprise me if their were thieves in the
house. Well it may he the cat ; tut thieves are suie
to come in some night. There’* anr tched tautening
to the back door; but these ate not times to aflord boll a
and bar*, when fool* won’t tuke care of their 6ve
pound*.
4 * Mary Anne ought to have gone to the dentist to
morrow. She want* three teeth tuken otit.—.Vow it
can’t be done, Three teeth that quite disfigure* the
child’* mouth. But there they must stop, and spoil
the sweetest face that ever wa* made. Otherwise she’d
been a wito for a lord. Nov*, when uha grows up,
who’ll have her ? Nobody. We shall die and leave
her alone and unprotected in the world. Bat what do
you care for that ? Nothing : so you cau squander
away five pounds.
** And now see. Mr. Caudle, what a misery you’ve
brought upon your wretched family ! I can’t have a
••tin gown—the girls can’t have no bonnet*—the
water rale must stand over—Jack must gut bis death
through a broken window—our fire insurance can’t be
paid, so we shall all fall victims to the devouring ele
ment — we can’t go to Margate, and Caroline will go
to an early grave—the dog will come home mad and
Hit* us—the shutter will go begging forever—the soot
will always fall—the mice will never let us have a
wink of sleep—thieve# will be olwaya breaking into
the house—and our dear Mary Anne be left uu unpro
tected maid—and all, all Mr. Caudle, because you will
go on lending five pounds !’*
Tisch.
A JlcnoiKK.—The New York Evening Gazelle,
brings far ward a candidate for applause and admit stum,
in the parson of Mrs, Hunting, the spirited und
handsome wife.” of an inn-keeper at Andes, Dels
ware co„ New York, in whoeo haute the two Deputy
Sheriff’s were beleaguied last week, by a gang ufan
ti-raenters. Tbo Gazette save :
“ The country around swarmed with anti-rentars,
■lid they dared not advance mother towards Delhi, fif
teen miles off. Scarcely hud a messenger been des
patched thither for succor, when the liou-e was sur
rounded by the infuriated •• Indiana.” These lasi,
however, pausing before they made tliair altar h, or
ganized tbumsulve* into a tegulii mretiug, and pas-ed
a formal resolution M seize the two beleaguered men,
■rid •• execute them on the spot !”
- They pioceedcd to enforce iheir dstciininetion and
there wa* no one to in’aifere
•• In thia exigency, Mrs. Hunting, the apiiitrd and
handsome w ife of the inu-ke-| er. seized a large carving
knife from tbo larder, rushed up to the attic, wlulhrr
the intt-ndeJ vi> tuns had islired, planted herself on the
the narrow stairway, and swore that no •• Indian”
■hould past up, except over her corpse, and then aa we
are informed ay advices duett bom this scene, there,
thus arinsd, and thus determined, stood this heroic wo
man for six bouts, braving the whole lores of the In
dian miscreants. The expected auccot at last came
from Delhi. The tuti-rcutersretired, sod Mrs. Hunt
ing was relieved from the post she bad so nobly main
tained.”
Conseejutnees of a l.ady's Vnforgivingntss.—K
fatal dual haa lately taken place at Fiankliiri, tin,ln
tba following cuciimsuiices ; A young pi it tier in a
mercantile house, M. Kuppenbuig, 21 yearn of age,
conducting a young lady home from church, in slip
pery weather,gave her bit ann.—She slipped and fell
notwithstanding his tuppoit. and an officer ofdragoons
chancing to be walking behind, indulged in a smile at
lb* disaster. Kuppenhurg, finding reason for ollenre
in tbs officers amusement, challenge,I |,im Ilia next
day. Uavalvttc. the dragoon tefused to fight f, ir such
a I rifle, but offered to apologize to lit* lady, which he
dkl on the tame night at a ball Th* lady, however,
replied thel the arrount was to be settled with Mr.’
Kuppenhurg, not with her, and tbc result of thu silly
lack of aenae and lasting waa the death of Ihe officer,
and the almoet muilul wound to her champion. They
fought with pistols,and Mr, Kuppenhurg received a j
ball in hi* Slouiach, of which he lay dangerously ill. j
nl the last accounts. Mr. I.avaletle was sl.ol thioogti
tile neck, and died m,mediately,—A*. Y. Mlrrnsu. * !
Faxxt Euslcr IK THX MittaictlcaitTTS Lro
■ SLiTunx. —A bill being under discussion lately in
the House of Representatives of the livv State, the
object of which was In increase the capital of the Bos
ton Museum, at which there are occasionally theatrical
performance#, a Mr. Fay, who represented Ihe good
old town of Soulhboro', relateJ an incldrnt the scene
of which ia Naw York. After remarking that he was
a youngef man tllel than he is now, he said i
I iiad a brother who had travelled away from home
and got aa far as Naw Yo.k. where lie lived- I went
there in search of him, but did not reach the wharf till
about 8 o'clock at night. It was too late for me to
look for my brother, ind I went to a house end seeur
ed a place where I copld get rest for the night. I then
thought 1 would well out* little before I retired, end
■si wan going along the street I came to a place that
•as all lighted, so tint it was almost as bright aa diy ;
and there was • lot sf carriages standing in fount. I
s-ked whet it was. A boy told tne it was a thoatrp,
■ltd that there was |lenty of music. 1 asked linn if
there was any tltinglo pev to go in, and lie said he had
paid fifty cents for his ticket, hulas Ihe perfotaivnces
were about half ov< (it was near nine o’clock) that I
could gel a ticket tor a quarter of a dollar. So I bought
it. and weal into thaipit, I believe they called it, and
looked mound. It vtas’nt long before they aaid there
was tn he a dance, ah.l till'll a young girl came out and
dance* all over the stage, and tufned herself every
way. When she was whirling round, I am sure her
clothes came up to her arms. Iwa ustoni.hrd. I
never wa- ao astonished in Ihe whole course ot my life,
I looked roan I, rxpreting to see all the ladies with lltelr
handkerchiefs to their faces, but, instead of that, to
mv utter surprise, they had their magnifying glas-en
up. I tltuuglit ihe girl was in a stato of nudity, hut I
was allerwgrds infirm and that she bad on drawers”
There was much utibccnming laughter in the House,
it is said, During Mr,Fay's aflecling narration of itis
experience of the e,!ucli*e wirkrdaeaa of our city,
sod w# ready do think, that that “ brotfirr who had
travelled away fiom home, anh got so far as New
York,” has a great deal to answi, for, us being the
means of Mr, Fay’s leaving tits sylvan retreats of
Moulhhoro’ for the trying temptation, of Gotham
New York paper.
STEAM POWER SUPERSEDED.
I
[ A scientific coriespondenl of s late l.ondon paper,
t gives the following hint at anew discovery, which, if
tt be prated. w ill certainly rank as the cheapest in
■ vention of this wonder-working age, and of Ihe result
of which it may be hoped sc shall hear by the next
steamer :
For centuries upon centuries, till within ttorti.n
days, w ater, as the origin of motive power, has had the
supremacy over steam. For the last forty or fifty
years steam has (teen making rapid strides towards the
complete subjugation of water; but, like nil unnatu
ral or forced operations, its victory appears near its
end, anti the power ol water once more assumes its
wonted superiority, and eclipses once more and forever
the power of steam.
No one can he surprised at this who reflects that, |
while the power or laws of matter are innate or inlie- ■
rent, the power of steam is only acquired, and may he
said to he artificial or unnatural, being forced by the
ingenuity of man into that atate upon which its power
entirely depends.
We have Wen led into these remarks by the cir- j
cumstance of having Wen fevered with Ihe inspection
of an invention for which a patent bas lately been ta
ken out* and if we may be permitted to judge of it
from Ihe rrpinionsuf some of om leading scientific men,
who have investigated it, and who declare that “they
cannot, howevar astounding its effects, see any error
or fallacy ill it, or any reason why it should not an
swer,” we must look upon ila success as certain.
But what inspires os with even more confidence ia,
that while the structure of the new invention is so
extremely simple that a child may comprehend it; it
does not violate any one law in natural philosophy.—
Moreover, the inventor (a professional gentleman) is
a mail of scientific acquirements, well acquainted with
♦Hare's laws, and perfectly aware of the various in
vention-, and the causes of tlieir failure, w liirh have of
Isle years been deviaod for the purpose of supersetling
steam, whether by condensed air, wrater power, me
chanical contrivances, electricity, &c. lie does not,
he says, ptelend to have created power ; this, he prop
•*-**- **’ “ * • k— ‘* **• “*
himself of those laws or propetlies with w hich the
Cicatur Inis endowed matter, and by a combination of
the same to make them subservient to the use of
man.
The fundamental principle on whieb the new en
gine is founded is precisely similar to that of the hy
draulic pres-, tie power of which, every one knows,
esn only he limited by the strength of the materials of
which it is made. But what has hitherto rendered the
power of I lie hydraulic press inapplicable to the pro
t duction of motive power, is that, just in proportion as
| ihe power is gained speed is lost, end rice vtrsu. In
the present invention, however, unlimited power is
1 gained w ithout Ine hiss of speed, the piston of the
large cylinder traveling at each stroke, with the power
gained, just the same distance ns Ihe piston of the
lesser cylinder. This power and tit s speed which arc
in inverse ra'ioof each other, appear by this most im
portant invention (however paradoxical) actually
combined.
Wo arc not at liberty to give the public a mure par
ticular account of the nature of this invention than in
the words of Ihe title of the patent—viz; “The lly
dio-Mcchanic Apparatus, which, ly a condonation of
hydraulic and mechanical properties on well known
scientific principles, is intended to supersede Ihe use of
fire and steam in working and propelling all kinds of
Btaehitiery arwl engines”— thus effecting an enormous
sating, and avoiding an iininenl dinger artaing from
tilt exploaivr nature of steam.
It may well he asked, where will human ingenuity
anil !
A‘ Tailor's Sachet. — Alptionzo Karr, as cfesera
scribbler aa any Franc* possesses m those days, rela'es
that be lale.ly sent for a tail >i to make him a coat of
a piece of cloth he had purchased.
•• Can’t do it,” and Snip, afler measuring the cloth,
“can't doit: there isn’t stuff enough.” Kan then
aeiil for another tailor, who, after carefully measuring
the material, undeitook to make the coat. In duo
time the gaim nt was delivered, and Karr stuck him
self into it. His first visit was to the tailor.
“ VVell, sirrah,” sail ho, “behold me in the coat
fmtn the very etuff you said wa* insufficient! You sec
that there was slut)'enough after all!”
“ Very likely,” said Snip, with imprrtuthahle sang
f.oid ; •• vety likely, hut the son of the tailor who inado
it, is not so big us mine J”
A Singular Iter elopement A most extraordinary
sflliir ha* occurred it Fooling, England, A person
who had lived in that place more than half a century,
part of t lie time a cook to a lady, and six years aa the
wife of Rohcit Welsh, the parish dcik.'died at Ihe
age of 83, amkwa* discovered to he a man. llu had
regulaily partaken of the sacriiment, and was religious
ly buried s* - Staler Ann Welsh ” Many ptiliea
wish to kerp the matlir a secret, hut a woman named
Fletcher who was at the laying out had sworn to the
body being llut ol a niun and il would be dhinlertcd
according to lave,
Urrtß tsk tuousahi - tinax aaowa,”—The
N. Y Correspondent of tbc Pbiladrlphlu Post relates
‘lie following—” A novel excitement exists among tba
“ upper ten thousand” in srto of the fashionable sir. eta
in New \ oik above Bleeker. An elegant house has
liei-n rented,furnished superbly, and all the appliances
of outward aristocracy exhibited by a reputed widow
lady, not many mile* firm Ninth alrret. Her fashion
able equipage caught ilia eve of the curious neighbor
hood, and forthwith il was determined that ‘calls’
must ba made and ihe atqti.iiritance of the opulent and
genteel lady eulltvnted. With such imposing appear
ames. it was impossible that'bar biitli could I* mo
dial, or her wraith otter than hereditary. It has
lieen vaguely whispered within a Ire day*, that the
widow in question is* celebrated retired evurltzan,
who ivy Iter tVadh has acquired a spb-mlid fuitune, and
now proposes to lake liar position among # lhe • upper
ten thousand. Jhe neighbo.bood ia in a paroxysm 1
ol rage, am] soma of the fashionable verdant ones
have bein'dun* Brewn.’”
A Profitable State Pristrn, —The profit, of the
Connecticut Nlato Prison hom 0, t. I, 1837, to De
cember
been $103,140 48, Os- this amount a large portion
waa paid to the Stale, and absorbed in lit expenses, to .
the relief of the lax payevt, i
DOMESTIC.
from the Savannah Republican.
Deullt of den. Charles It. Floyl,
Yesterday’s Southern Mail brought us the melan
choly tidings of the death of one of the most gifted and
highly cetemed citizens of our Slate, Gen. Chaiiles
R, Ftorit Gen. F, died at •• Fairfield,” his resi
dence in Camden county, on Saturday Ihe £2d insl
He had beer, fullering from a billioua a Hack for sever
al days pieviously. but had so far recovered as to be
abb) to resume Ins ordinary correspondence wilh I,is
friend* on the I Slh. A letter from a tnernlier of the
family to a friend in this cily, announces thst lie fell a ‘
victim to a relapse of the same disease, which hunied •
him to his grave in a few duya, lie retained his fac
ulties to Ihe lasi, and was not only aware of Ilia ap
proaching end, hut expressed a pefecl w illingness to
meet it. His b uly was at Ins own request, shrouded in
tlie Americau flag, and sleeps beside thul of his beloved
and heroic father.
W r know not thst we have ever mado a similar an
nouncement with feelings oi more unulloycd regiet;
or one which Will produce sorrow in the I earts of the
numerous and devoted ft lends of Ihe deceased—fiiends
who loved him fur hia many social and manly virtues;
who admired bis exul ed genius und varied attainments,
his stainless honor as a gentleman, and daring chival
ry as a soldier. Os those who best knew him, there is
not one upon w hose feelings Ihe sad intelligence will
not fall heavily. It ia notour province, nor our pur
pose, to speak in delail of one whose life was spent
either in Ihe active service of his counliy, or in the
more agreeable seclusion of his own family and fire
side—that office, we hope, will le performed by some
■me better prepared to do justice to the subject. Pub
l<c honors he uniformly declined, thinking that station
the mo-I honorable which was farthest removed fiom
the strifes and turmoil of political preferment) and
which afloidcd the best opportunities for ihe cultivu-
I on of those kindly and social feelings which belong
to the truly elevated and disinterested gentleman.
He was cbaraclerix and not by intellectual attainments
only, but by a quickness of perception, a peculiar sei *
siliveness of nature, and an aptness of execution which
entitled him to the first rank as a man of pure and lof
ty genius. An artist by nature, lie needed only the
disposition to enable him to teach any station he might
have desired. Hut he has fallen in the prime of his
life and the prime of manhood : and the mind can
more easily conceive than express the void that lias
been left in that interesting and devoted family ciicle,
of which be wusju-tlv regarded as the chiefest orna
ment. In death, as in life,lie was true to his country:
and when the studs of existence had well nigh run
out, he appropriately requested, that hia body should
pose in that flag under which it had always been his
pride to tally in defence of our cherished institutions.
Such men arc few in number—let their memory he re
vered,
The Savannah Republican, of Monday morning, i
says ; Our city has been thrown into a most painful
atate of agitation and disltess, by the melancholy ter- i
minalion of the life of a young and promising clergy. ;
man of Ihe Episcopal Chur, h of this place—the Rev. ,
James Jacksou, Idle ol the diocese of Masvacusetts.
He had returned hut a few days from the North, where
he had been travelling two months for the restoration
of his health, which hud been irapaiied by a libotious
performance of his clerical duties. He was apparently
very much restored by his absence, and his friends ho
ped that lie would lie enabled In resume bis very ac
ceptable service* at Bt. Bohn's Church. But their
hopes and his were doomed to a wretched disappoint’
m-nl, f.rr af er exhibiting for a few previous days strong
evidences of wildness, he suddenly left Ihe city on
Wednesday morning, w ithout giving any notice of his
inten led depatlure, and although suspicion was imme
diately excited and scotch made during that day and
night, he was not tound until Ihe next morning, having
drowned iiimselftn the river opposite Bonavcnto e Ilis
hotly was recovered and the Coroner’s inquest had no
hesitation, upon the very strong testimony submitted
to them, to bring an instant aeidkt of •• intimity,”
Thus has perished a young clergyman, whose pulpit
performances had giv, n high evidence of intellectual
Fnwcr. and whose, hlamelessooss of life had won him
nauy li lends hi the city.
OUR SUPERIOR COURT.
Bast week, our Superior Court wu. in session, anJ
disposed of msny important cases, in suave ol which
the State was deeply inteicstcd. VVe shall refer to a
few of them.
, In the case of the Statejvg. William Searcy, charged
with the murder of Tltomas Fuller, there was a mis
trial. The Jury to try the case were empannelled on
Ttiujsday morning, and the Judge delivered Ilfs charge
lothrmonTliuiadoy night, about half p ist 10 o'clock.
The Counsel lot Prisoner, were Messrs Cone, Harris
ris Day, Sanford, and Johnson. For Ihe State, Messrs.
Kenan Ac Rockwell, and the Solicitor Geneial, J. M.
Aahurst, Esq. Afirr fhfe evidence closed, hut two
speeches were made—on the one side, by Messrs San
ford and Colie, sad on the oilier hv Messrs. Kenan and
Aahurst, The Jury remained otrl untilSatuidsy morn
rng about 1 l o'clock, when, failing to agree upon a
verdict, they were discharged.
In Ihe case of the Stale vs,the fecit fit ies of Sinclair,
late Commissioner of Ihe Dc,.f and Ltuinh, a verdict
was ietuined for the Securities. Counsel for the
State, Messis. Hatur-llanJ Sanford, and for the Secu
rities, .Messrs, Harris & Day, Kenan Ac Rockwell, and
Judge Uongalreet.
In that ol the Sv'e vs. the Securities of Thomas
Hsynes, late Ttcesuier of Georgia, a verdict wav re
turned against the Securities of about ft),01)0. This
case was prosecuted by I lie Solicitor General, J. M.
Aahurst, E-q. Messrs. Hardeman. Kenan At. Rockwell,
and defended by Messrs. Cone, Sanford', a.id H-arris
Ac Day.— Georgia Journal.
The Expenses of the White House. —A write’ at
Washington says: “Many person* believe that the
President’s salary, $£5,000 par annum, is very abun
dant ; but when the great mass of visitors ir recol
lected—when the frequent levcce, dinners, entertain
ment*, dec. aie considered—it soon dwindles away,
and there is alw lulely nothing left lor the Presidential
Chair but the empty honor. President Tyler's ex
penses in sixteen months were over $38,000, und he
left yesterday, for his laim on James River, Virginia, ;
with barely enough out of his last year's salary to pay
expenses! General Jackson caine hero with SIO,OOO
of hi* own money, and alter eight yeuis’ act vice in the
Executive Office, left il for the Hermitage with less
than his travelling expenses f These are facta which I
aver to he liue ; and they are very painful facts.”
FIRE - AND A HORRIBLE DEED.
Our community, says the Salisbury W alt-hinan. was
horror stricken on Isst I'huiailav morning by tbs re
ported death of Mrs. Mary Weal, relict of the late
Will. Weal, aged about 80 years, and bar grandson,
Henry Swank, aged about 12 years, living four utiles
north of this place; whose half consumed bodies wet#
drawn out of the tfvmes of the burning and destroyed
dwelling of the deceased, The lira was first discover
ed by the neighbors about day-light, but it had ao Ur
progr. sird that il was impossible In arrest the ervtiie
destruction of Ihe dwelling, smoke-house and crili, to
gether with alt their content*. The bodies of Ihe un- 1
fortunate old latlv and het grandson were not discov
ered until late hour—indeed, it wsv hoped they bad
escaped from the burning edifice, for a while,—and
when discovered and drawn out, they were a spectacle
most shorking to behold. Nearly all the hm'.ia of
each were enhei entirely or pailly burnt off; their j
head* were gone, u* if destroyed by ilia fire, AJu y !
of Inquest having been summoned to Ihe spot, afler j
due examination, found that the deceased bad come to !
their deaths by the violence of some unknown person
er (persons, on the morning ol Thursday; and that
the building was then fired. Mr., West was known
lol* in posse of several-hundred dollar* in silver !
and paper money, and there istlo doubt but the perpe-
C*lor of Ilia boirtd tired just relatrd. was in pursuit el
this, and, vety probably obtained lb* whole of it.
IweoßTirr D*rj‘no*\—l4 is currently rumored in
this tily, that the Supreme Court of Ihe Slate bss
rome to a decision in th* important cs-e of State is
Jin ts— indictment for tearing up the Portsmouth Hoad
from M.rgarcttsville to.the Rosrmke. The opinion of
the Court had not been filed at the time of writing
tin* paragraph, hut wo learn that Ilia decision tellies
Ihe following point*:
*•*. That Ihe sale made under Mr. Kites’ Extco
ti.n waa not valid, bocausa it wa not male at the
Court Houae.
2d. Thai the interest of the Company id the land i
and superstructure of the Road, and in all personal i
property, may he sold under Execution; out theorem- i
chise cannot be sold. 1
3J. That after the Road is sold, the Company may, i
bv petition, according to their charter, ha*ehe same |
land condemned for erecting another su|*efst*icture for ( i
the (toad.— H uieigh Ecgisttr ,
A Washington letter says, that hefoie the adjourn
ment of the recent Extra Session of the U. $. Senate,
Vice President Dallas deeided that Senators were en
titled to mileage for the Extra Session, although not
of them had lefttho piecinctof Washington. The
travelling is all constructive ; and thus without paying
out one cent, or moving fiom lhei places, the Sena
tors will each pocket lor travelling, a compensation of
about S7OO on an aveiage, amounting in the aggre
gate to some $35,000 oi $40,000.
Duel. —Yesterdaj at 12 o’clock, a hostile nceting
took place between Judge Gilbert Leonard and Mr.
Philip Toe*, two gentlemen of the parish Plaquemines.
They met in the vicinity of the U. S. barracks, below
the city. ‘J’he weapons used, were double barrel fow
ling pieces—one barrel of each loaded with a angle
ball. Two shots were enchangcd at the distance of fif
ty yards—the first without eflect. At the se:ond a fif£
Mr. Toca struck Judge Leonard on the left side. The
ball broke the third or fourth rib, and ranging upward
lodged in the neighb >rhood of the right shoulder.
Many reports were in circulation last evening as to the
effect ot the wound we understand that it is not con
sidered mortal.— S. O. Die. 2 ‘■id inst,
MU. SMITHSON OF THE SMITHSONIAN
BEQUEST.
Mr. Adams gives the following information respect
ing Mr. Smithson. Nearly two centuries since, in
1660, the ancestor of his own name, Hugh 8 oiihson.
immediately after the restoration of the roya family of
the Stuarts, received from diaries the Second, as a
reward lor his eminent cervices to that houas during |
the civil wars, the dignity of s baronet of England-*- |
a dignity still held by the Dukes of Northumberland,
as descendants from the same Hugh Smithson. The
father of the testator* by hi* marriage with the lady
Ehzibclh Seymour, who was descended by a female
line from the ancient Perrys, and by the subsequent
I creation of George the Third, in 1770, became the
| first Duke of Norhurnberland. Hie son and sucres
! sor, the brother of the (estatitor, was known in the
j history of our Revolutionary War by the name of
! Loid Percy ; was present, as a British officer* at the
sanguinary opening scene nt Lexington, and at the
battle of Bunkei Hill; and the present Duke of f? Jr
tbumberlaud, the testator’s nephew, was the Ambas
sador of Gnat Britain, sent to assist at the cofotia
-1 tion of the late King of France, (’hades the Tenth,
a few months only be foie the date of the bequest of
his relatrie to the United States.
Renowned a* is the name of Percy in thtf hi ;tttrical
annals of England; rebounding as it does from the
summit of the Chevio t hills, to the ears of our chil
dren, in the b iPad of Chevy Chase, w ith the classical
commentary of Addison; freshei ed and tenovuted in
out memory, as it has recently been, f.om the purest
fountain of practical inspiration, hi the loftier strain
of Alnwick Castle, tuned by a bard of our own native
bind) doubly iounortalzcd as it is in the deathless
dramas of Shakspeare; ‘‘confident against tho world
in arms,” as it may have been in agea long past, and
may still be in the virtues of its present possessors by
inheritance; let the trust of James Smithson to the
United Sbilca of America be faithfully executed by
their Representatives in Congress ; let the result ac
complish his object, “ tlie ii crease and diffusion of
knowledge among men*” ami a wreath of more un
fading verdure shall entwine itself in the lapse of fu
ture ages mound the name of Smithson, thin the
united hands of Tradition, History and Poetry have
braided around the name of Percy, fhmugh tf:e lofig
perspective in ages p st of a thousan I years.
Mh. Blbmien’s Speech —The Richmond Whig,
in concluding the publication of Senator Berrien's
speech remarks ! “ We conclude to-day the statesman*
j like sneerh nf this illustriorr* W# <"***• the
moral assurance that no man competent to embrace
and connect bis argument, can read it w iihoot a thor
ough conviction of the impossibility ot refuting it.”
Rich.—The Albany Evening Journal relates a rich
scene whch occuried m the Legislature there on Wed.
nesdnj u*i. when Mr. Oaklet, one of the Native
members from the City ot” \ork, was making a
speech on the constitutional amendments, wherein w
argued for the necessity of some greater guards to lbs
purity of the ballot box. ‘J’he Journal says
“ In the course of his remarks be alluded to the prac
tice of colonizing voters, HnJ described a seen* which
he had witnesed, of sixty men brought into ono room
in a particular ward, for the purpose of voting in that
ward, brought from New Jersey and other j laces.
•• Mr. T. R. Lee (Loco of Westchester) rose and
inquired of Mr. O. to which party he (Mr. U ) had be
longed when he witnessed this scene ?
*• Mi. Oakery. Tn the Democratic party.
“ There was a burst of IvUgliter aFI oxer the House,
and Mr, Lee did not pursue his inquiries.”
A LIBERAL CONSTUCTION !
Those Democrat* who pretend lo all the “Strict
Construction,” all the •• Kepublicanisni,” *• dffism/’
ami “ J< tlcisonianism,” know how to he very liberal
in the couitiuclmn of law* when it itN their put-
We htfve aecn them, aided by a few misguided and
restlv-vs \\ hig, noine of liom like that |ior tool Mar-’
rick of M m l.mcJ lor example, illume name ia hisloric
ally annexed loTylei'a, o far na lualory mnjr ai-cr
cosJi.tend lo inform posterity lliat a couple or rOCIi
| vulgar ami nreictnary Iraitora ever lived—wc have
seen the *- Democracy, * aided l.y a few tl.vngt-rous
i Whigs, who would do the \V Rig jKirly |caa injury a
voweiily acting againat it. Ilian t>y dishonoring and vi
olating the ConserCatism. which ia the great and glo
rioua distinctive feature of v\ hi principles—we havo
seen tlua brawling, pretended Jt flereonren, Stale Highi
Democracy, annexing a foreign Empire lo this, by
joint Resolution'. in the very teeth of the Constitution,
and Mr. J> flersoo’s own and moat explicit construc
tion ol ita meaning ! Jockson, a living Demagogue,
more potent Ilian the philoaophic Demagogue who was
dead, told them to do it, and they did it !
Vow let ur aee another instance of Democratic con
struction .’ Vice President Dallaa, ia a great Jellerao-
Irian, Slate Via lit, Charter tneaking Vox Rojsuii, Jack
aon Democrat, and he haa According to the authorily
heloiv. giicn the following Tmcr eo.-isrCcl'ioN de
cision:
•■A Washington leller aaye, that before the adjourn
ment of the recent extra nesaion of the U. S. Senate,
President Dallaa derided that Senalura were entiled lo
mileage, for the extra arvaiun. although not orte of
them Itad left the prccincla at Washington.
Thr travelling ia all constructirc , and Ihue, without
paying out a rent, or moving fiorn their places, the
Nenatora mill each pocket for travelling, a eompenta
i lion of about (700 on an average, aimruultug in the
aggregate to some (36,000 or (40,000.
Richmond Whig.
Rcd hot I‘roceu of producing Ice —One of the
moat singularly hraulifu! experiments ever deviaed,
haa been recently published by M. Prcvostaire, illus
i native of the repellant power of heat ladialing from
bodies of a high temperature, ami the rapid .(retraction
! ol heat, produced by evaporation, oi generally by anch :
1 a change of condition aalaigely inert a-rs Ilia volume
of any body. The experiment ia aimply this : A gala- !
tmuni crucible ia made and maintained rrd hut over a
l uge (pint lamp Some sulphdrona acid ia poured i
into it hum a pipette. ’1 his end, though at common I
temperatures one of the most volatile us known bodies, I
posae-ees the singular prupatly of rarnaining fixed in
the red hot crucible, and not a drop of it evrrjmratea : I
in (act, it ia not in ionl.it wilh the crucible, but haa |
an almoaphero of ita own interposed. A'few drops of
common water are now added’ to tile sulphurous arid
in Ilia red hot crucible. The diluted acid gels into im
mediate contact wilh the hralbditictal—instantly Hash
es oil into sulphurous acid vapor, and su.'ll is the ra
pidity and energy of the evaluation, that tile water re
mains behind, and ia found froxvn Inio a lump of ire
in the red hot crucible, from which, arizing the mo
ment before it again incite, it may he thrown dal be
fore the ey ft of the astonished ol ifltrv^r.
p Mechanic's Mngatint. (
From the Hamburg Journal.
Mr. Editor—l desire with your permission, to
make through the colums of your paper, on a subject
that may find its way among the records of history ;
and were 1 master of the language, and could handle
the gooe quill as well as 1 can a jack-plane, or a
sledge-hammer. I would make a true and interesting
picture of the case. But as it is, 1 must content my
self with making such as my narrow limits will dic
tate.
That notorious Uiidgfc Case is in question, viz:
“John W. Yaiborough, Trustee, and Henry Shultz,
vs. the Bank of the Slate of Georgia, the City Coun- |
cil of Augusta,and G. B. Lamar.” 1 have, since the i
Decree in the cast bus been pronounced by the Chan
cellor, and confirmed l>y the Court of Appeals in this !
Stale, seen in several public journals, expression! ol
hope that this discussion might finally and forever set
tle this question. The Chancellor thought proper to
make similar rcmaiks in his Decree; and 1 flattered
myself with the hope, that such might be the event.—
lint tho result has proven otherwise.
‘J’he Case has to go hack to the United States Court,
where it originated, and where it never has been fi
nally settled, and for which removal preparations are 1
now inprogress, and in which Court, I am glad to say,
the case will he beyond the influence ot t.-ciional pre
judices— beyond the influence of Banks, and beyond
the influence ot Town corporations, and where the {
facts and the law alone will prevail.
It has been my late to be in liw these Iwentv-two
years, and it may he my fit* to die in law. Be it so !
Now, sir, let us look at the cause. Am ! intending to
lake the labor and property of iny fellow men? Not
so; they a r c attempting to take mv labor and my
properly, without money and without price, and 1 am
endeavoring to resist iheir cruel intentions: for if I
had built no Bridge, and no Town, there would have
been ho contest tor a Budge and for a Town, and i
would not have been in law, nor in torment these se
ries of years. What a e the fit- 1 a ! There came a i
man from bey ond the seas, with talent, wirh spirit, anil
with prismerence, and accomplished an enterprise
which natives, after twt> unsuccessful attempts, had
j abandoned us impracticable—the ruins of their defeat
I hear witness to the present day. A Bridge ! a struc
hure that grapples two powerful States. A Bridge!
that hills defiance to mighty floods. A Bridge! a
i highway over a lebcllious stream, for man and for
beast by day and by night. Even when the lace of
| the earth is submerged by floods, you find a safe pas*
sage from one State into another. And can theie he
a man with common rise living, who would from his
hffbt sdy, that I shou'd ever suirender this stfuctUre;
with the enormous sum of SGB4,OUO, to the power of
i chicanery of mankind unjustly, or that 1 am not de
serving to enjoy the benefits ot its fruit* my self ? No!
I do not believe that there is ; and were I to say other
wise, I feel that I would do injustice to the human
race;
There are man?; very mafty, who appreciate this
structure very highly, with a beaily desire to he mas
ters, of the and v tiers of it. And is it not natural—does
not common schse say,- that u father loves his child
better, and appreciates its qualities higher than a
stranger 1 !do not Cfrfve one dollar more than what
is my own. My own; and nothing hot my oWh, do !
want; and for that I shall contend duriiig my natural
life, if 1 do n<ft obtain it btfo.e; end sister that, I hope
that others will proceed rti'h it, for which purpose
proper arrangements nifc made, #o that ttbl even fny
“ long hoped lor death,” will benefit those peisecutors.
I prefer that part of this iti miry should go to finish
the Monroe Kill Road, or to any other useful porpoae,
than for the usurpers to keep it.
There is one paragraph in the Chenceflor’a Decree
to which I request attention. It is a- follows? “Then
as to any light nf tin* Complainant in ihe Bridge it
self, it vvoul I ho sufficient to say, That all the Com
plainant Shultz's right aid inteicst thlrrih has passed
away by the expiration of Ins Charter. The fran
chise or exclusive privilege which Constituted it his
property, no longer exists, and the nteter?tfl Alrocfufe
is Attached to, and part of the soil, and wotifd he the
property of the State-, the owners of the soil, if the
h:\iichisc had not been renewed to another,”
This is confiscating a citizen’s property. It gives
our Bridge, at the expiration of our Charter, to the
Stßle, without money and without price. True, the
franchise belonged to the Slate, and the State May,
•vfier lh* <>vitirAlimi of our (’barter n ve il to numhci
person ; hut cirri ihe State take our Bridge and give it
away loo? Suppose it to ho a ferry 1 The State
may grant the franchise tfr another, hut can the ferry
boat he taken and given away aho by the State? Ac
cording to t!i? principle, every Rail Road and cveiy
Banking hou e would, after ihe expiration us their
charters, he the property of the Stale. Say they bought
the premises upon which they boiM—and so did we,
f*r we paid to the former pfopYicfom of the ferry $5.
5'.;0 lor tire land on which the Bridge •tafftU, and the
terry right; and then we paid $73,000 fr the build
ing of the Bridge, and after twenty-die years *iHe
long to the Stale sand besides which. We bcrild the
Bridge under ihe authority of the Stale, at oU’rown
expense and labor the State never paid one dollat
lor the building of it.
The Chancellor did give me credit for my gets, if h C
could not give me my Bridge, \le says ?“ On the
•4th of May. 1819, the Bridge Company stopped pay
ment. Upon being apprized of this, ihe Complainant
Shultz, who had made airangpments for going to Eu
rope, returned’ and resumed his place in the firm.—-
The evidence is, that Sliul z advanced $16,000 of his
ow n funds to pay the cVposites in the Bank.” This
was i e act ol an honest mm; it was the act of a
friend in time of need. Few ! yes, very few, would
have performed this act. They would have kept their
$l2O 0 0 in their pockets, and set sail for Euro|# in
stead of returning to Augusta and paying tfiei, mo
ney for a friend.
The Chancellor farther says: “ The Complainant
Shultz* is natOrully disposed to fltirilc, that Jin must
have suffered injustice, Ironi having been deprived of
property that was not only a matter of interest, hut of
pride and* leelmg srvd from having been harassed
and pursued rtn account of his responsibility for n
Company, to the luiluie of which h*, as Fam fully
satisfied, did not at all contribute ; But I believe he is
inclined to shift .he blame f;on: those to whom it prop
erly belonged, on account of some recollection of early
kindness, (an act of gratitude !) and throw itfan oth
ers who have done nothing more than to stand upon
wlut they fairly regard as their just rights.’’ Yes,
sit ! they shall’ know their just rights They shall
, have their money With interest, but they shall not have
my Bridge.
In fine, the Chancellor admits, that F*acted the pait
of an honest man. He admits that I acted ihe part of
a friend in time of need; and he also admits, that I
acted the grateful marl, i lieae cie concessions of the
highest viltue that mankind can be possessed of, and
•re appreciated by me higher than all your robes ar.d
all your gold. HENRY SHCIVIX
Hamhujg. S. C.. Jn. 17th, 1844.
N. B. I call ihe attention of the rcadei to the order
of the Supreme Cowl U. S., in the above case, here
unto attached. It will he seen tlrut the case is ordered
back, tb le tried accoidmg to low. The case has not
been tried . l'artaulara hereafter. ]|. S.
SIJPREMHCOURT OF THE UNITED STATES.
Christian Ureithoupl <Sc ilenry-t
Shultz, comp’ts . ...
vt yJiin- Term, 1930,
I lie Hank of State of Georgia
Thia cane came on to he heard on the tr.ir.afrlpl
of the record; hum the Circuit Court of t’ o United
I •s* r the District of Georgia j and on the certifi
cate of the div aion of the Judgea thereof, on inspection
whereof: Thia Uoutt it of opinion, that the whole
I cause hit been adjourned lo thia Court, Whereupon
it ia ordered and adjudged by this CoUlt; that this cause
be, ami the same i hen by remanded lo (he skid C'ii
j l 'Uil bourl, wilh direction* to proceed (herewith ac
cording to lew. Mircb 15th.
I I. William Thomas Catrull, Clerk of the Supreme
f/otsrt of (he United Sutra, do hereby certify that the
al-ove ia a hue copy of the order and judgment ol said
J Supreme Court made in the above cause at January
I Tertr-, eighteen hundred and thirty. Extracted from
; the rninuits of saill Supreme Court:
In testimony whereof, Pliav* hereto'aiiHscrihed'my |
name and alUked the seal of said Supreme Court, thia ■
tent li day of April, in Ihe jo< of our Lord, eighteen
hundred and thirty. WM. THUS, CAIiROUI.,
r c. a. c., t'.a.
I crrtily the above to lie a hue copy of the original
Decree, of file and reoord in the ofß e of the Cl rk of
the sixth Circuit Court of the UniteJ Stales, for the
District of Georgia.
In witneas whereof, I hereto eel my hand and affix
the eeel of the said Courtßthia 2Nih tiny of Heptem--
bar, A, D. ltHo. CEO. GI.ENN, Clerk,
From the Hamburg Journal.
extract of an injunction.
/.V EQUITY .
Henry Shultz and )
Christian Breithaupt | Sixth Judicial Circuit Court
r# i a rs * _ > ol the United Stutes, D istiid
Bank State of Georgia I of Georgia.
•itid Jrto. M’Kinnie. J
The material circumstakccs of this case ns presented
by the hill are as follows: In 1816, Shultz, the com
pminant, and John M’Kinnie, one of the defendants, are
proprietors ot the Augusta Bridge. Under the influ
ence of the ht'iiking mania, which at this time spread its
infatUQUon lur and near, Shultz and M’Kiunie opened a
Bank,culled the Bridge Hank.and issued hills to a great
amount, bottomed on the value of the Bridge chiefly,
(estimated at one hundred thousand dollars,) and some
other funds of smull value, consisting of lands connect
ed w ith, or purchased ner the bridge in the Town ol
Augusta, at the time of their commencing the banking
business. M’Kinnie and Shultz executed an agreement
by which they mutually pledged the bridge, the adja
cent laud of the company, and such future purcliuses as
should he made from the proceeds of the Bridge or Bank,
lor the security of the bills issued from tho Bridge Bank.
But although copies of this contract were interchanged,
It was never committed to record, nor was any third per
son mterpo-td to whom a legal interest should he con
veyed for the purposes of the trust. Soon after com
! iiicncing business, the Bridge Bank Company diew and
applied a part of its funds to the building of extensive
j Cdificee in the Town of Augusta, in ono tenement of
which the business of the Bank was earned on. and this
also, according to the articles of agreement became a
I part of the stock pledged for the redemption of their
hills,valued nt fifty llionsaed dollars. In eighteen hun
dred and eighteen; Shultz retired from the company,
and sold out his Interest tb Barna M’Kinnie, with the
entire concurrence of his cb-pnrtner John M’Kinnie, the
former giving his bond to Shultz, with the latter as se
curity, in the penal sum of five hundred thousand dol
lars, to indemnify Shultz against nil the liabilities of the
company. This event was publicly announced in the
Gazettes, iind John &. Barna M’Kinnie gave notice that
they thenceforward conducted the business on their ow n
account, and nssnimd all previous engagements of the
comnnnv as tlmir ow n. In .May, eighteen hundred and
(liiiPteen,the Bridge Bank stopped payment,and on two
daiy s alter, Shultz with the consent of Barna M’Kinnife
re-assumed lhe inuungemcift of its interests, in conjunc
tion with John M’Kinnie, and jointly with tho latteL
advertised the Bridge for sale, lor the redemption ol the
outstanding hills of the concern, for n great proportion
ol which, Shultz was personally liable, they having
been issued w hile he was a member of the company;
John M’Kinnie. it npjirars, during all this period, was
carrying on business ns u general merchant, both in Ids
own mime, uml ns the t o partner of one Lnmpkin, under
the firm of M'Kitinic & Uo. And being largely indebt
ed to the BHnk of the Stute of Georgia; within a fort
night alter Mliultz resumed his station in the company,
and secretly as Shultz avers, John .M’Kinnie jointly
with Burmi M’Kinnie, executed u Mortgage of the
Bridge to the Bank,for the purpose ms expressed in the
recital, of securing the payment of debts ol John M’Ki/i
----liie and M’Kinnie & Cos. to the nmbmitbf ninety thous
and dollars. This Mortgage also inuludes u consideiA
blc property, real and personal, severally owned by the
.M’Kinnies in their individual right. Ii appears, also,
that during the same period Barna M’Kinnie transferred
I his interest in the buildings erected b the company, to*
John M’Kimiie, ami the latter executed a Moitgage
thereof, to the Augusta Bunk, fbr the purpose as it ft
alleged, of securing other debts, princtpnnlly his owi {
individual debts to that Bank—ami thus the whole fund
pledged to ihe creditors of the Bridge Bunk of the co
partnership of M’Kinnie & Shnltz, tins passed to the
creditors of other Banks, or to secure the individual
debts of John M’Kinuie, w hfftt Shultz is left alone to’
redeem the Bridge bills, ami the holders of those hills
stripped of the funds on which they relied, are left to*
seek redress from individuals, all of wlmm uie allegej
to he insolvent:
Bnfna M’Kinnie it is further slated, hits since re-con
; vfe’yed so Shultz nil his interest in the Bridge con pnuy,
(hereby voting in the latter the equity of redemption
previously remaining in M’Kihtiic—and thus rirenm
, .stunCfd, the creditors ot the company, and of tho M’kin
nies, are engaged in one g burr at scramble, for t! c pur
pose of appropriating to thenndies, each, such part of
toe wreck ns lie can seize upon. These suits being
pioVociitCu in the Stale Confts of Georgia, ji dgmrrfs
anil loreclosuics have been obtained, in suits ot law,and
the bridge, or at least so much of it as uu Officer < f the
Statei-an seize upon, is now afivertised for sale, both at
the suit of the Bank of the State, mid of individuals
holding small sums of the Bridge bills.
Sin.l z nml certain of the creditors of the company.
Oow preler this hill io conjunction, far the purpose of
having the question of tight settled en masse, and the
property so disposed of, us not to be sacrificed, and ihe
motion now to he considered, is to nhu’fin an injunction
to stay the sale of the Bridge until the question of right
can he sell led, urn] such measures taken as will ninkd
the must of the fund for the ultimate benefit of those
wlm are legally cnt ltcd to i*.
It is admitted that the M’lventoies were justly adjudg
ed io oiW the money t tt and lor, and llmt us against llk in
every thing that was done, was legally itftne. But ilia
interest of third persons come now under discussion,
amt for might l!m nt present appears to tin's ( ‘oort, tliitf
very Judgment obtained hefwein these parimav he
the machinery of a fraud upon these tuniylainants. Os
that rlie £>t:ite I’oui t could Rrtow nothing, Mid il si',
could (cel nothing hut satisfaction ut the failure of such
a project.
“ In considnrin flic grounds upon which the complain
silt in this case rests hrs clhjSii for relief, il isobvimid’
that they are nil inconrideruble in xulue to them when
Compared with tin? which Would gi\e to the copartner
ship creditors (the holders of the Bridge Bank Bills) n
general preference ns to flie proceeds ol ihe jTedg* v
stock.”
| And the qucatiWraised on (hid point is mt.iinlv one
<Vf great tin: *ly Hiid difticufly. On the onrt hnml it is dit
ticolt to b lifvt* thut the bunk* was rrnt conversant ot the
i (net,tlmi the iM’Kiunies were mortgaging,nrid thrv were
i recoiling for a private debt, the funds that were public
ly M,, d noW.ou<lJ the pfc.lged sccuriti of the copart-’
nership bills, Indeed us they were pnrcliHseriTunitei
H<nnu M’Kinnie, it is a qiiCs*it>tr worths of much con
• siileiutioT, whether they must not be legally nflec’rd
■ “ >*b mice, since in examining his title tliev inns! hue*
looked into his deed original !v executed between Joliri
M Kinnie imd iShult/., a deed which operates against
• both of these parries ns a crttennr.t to M.-ind seized to the
uaeol the Bridge Bank creditois. Nor could the Bank
ol the; State have been ignorant of the insolvency of the
B*ii!®e Company ni HVe time ol taking thin nmrtgHgc,
since the Bridge Bank had notoriously ktojiped pay
inbnt nbove a fortnight before, and John M’Kiunie and
Miullz had publicly advertised the Bridge for fair, lo
antwl.v the Bridge Bank'Bills. But on Ihe other hand
the legal interest wan in the .M’Kinnica, mid actuallJ,
whether coiiß ientiously or not, (rune In red t w ihe Bank
ol rfte >tate. W'lietber tlk*v shall lie decreed to hold ns
trustee lor (hv original rettin qut trusts ia therelor a
epilation which merit* the him lured consideration.
But as it would br prepidging the tinnl istoie cl llii*
cause, and there uppeura lo me to be sufficient grounds
Hi the case to decide this motion upon, indepi intently rti
■ * v '^ or *^ ,e present hold nivsell iiucoimnitted oii
Inis pniut.
J liere ure four other points in the case on anv one of
which, or at least oii all taken tog* thrt, this injunction’
dnimut* he refused. In Mu* fust place, Shultz Nppcars
Here ns the assignee t>l Barna M’Kinnie.’a equity of re
demption. iu which relation lie has an unqucstionnldd
right to investigate the legality and amount of the sum
claimed of ’ the M Kiunic-s uud*r this mortgage. Btd
his equity is sfill stronger, lor it appears that the prop-’
erty ihoitgagcd hv Barua iM'Kinnic was for the proper
l debts JOlin M Kinnie, and that u lurgn tunounl of
John >1 KinnieV property is included in the same mort
gnge. I here is then the strongest reason for insisting
flint the properly ol John A1 Kinnie should be first ap
plied to the extinguishment of this debt, and that Mliulix
should he let in to redeetil'ilio Bridge upon pavineiit of
the balance. But Shultz also appears here as well aa
the holders df tle Britlge bills irt the relation of co-limit 1 -
gagees. Though it fie uasduied that the Hank of the
!**lMt* must Ih* pre (erred in poidt ol order, still us to any
residue of’llife mortgaged premises, the holders of bridgV
bills certainly are eutitlVd to the hettefit of the coutracl
W nfin.l seized, exet uted between the mdvin:.l incmbers
of the conipanv,aii'l alterwards aaeiimed lv Barna Me-
Kinnie, vv hen suhsiituied lor Shultz, ami Shultz as tlicir
tVusfee, and as being liiuiM’ll r- f 1 11 liable H tliem is en
titled to all the i miity which they could cl trim. Thmiglf
rliey may have lost their precedence, tlm holders rtf
Bridgs* hills their equity—as between them and tlie
Hud*** Bank the root met is still a subsisting one, ams
the oiil v consequence of losing precedence is, that ihr*
ir.ust s* ind in the relation of second instead ol first mort*’
gagees, and hm such have a Ph*ar right both to nu nc
count and to comprl the first inortgngvcs to npplv fto
property of John AJ'Kiiinie. uml even ol Barna Hi^Kin
me, to the relief the property ill which they are joint*
mortgagees. This right is supported both by the con
slderutioit (hut the copartnership fund is equitably ap
(>licirtle to the copartnership debt, nml the private fund*
to trie private debt, in the first place, und that when a
fit si mortgagee haa several securities, and u second but
one of them, the first mortgagee should “ ceteris jutii
/jM*/’ be held first lo 111 ply Ins peculiar fond lo Ins |e
culiar debt, to the tcliefof the fund pledged to both
debts. 1 *
debts.
I am of opinion that the injunction ought to he grunt
ed.
Ordered, that an injinrlion issue in this eas# to slay
the sale of the Augusta Braplge, unlil the further order
of ffta Ciredit Court of the (Jnited .States, for tba Gtof*
gin DiMiict, be had thereon.
WILLIAM JOHNSON.
(iCoIUiK GLEN, Clk.
June 13th, inSL
Order bled ‘JSiH 11(21.
Henry Slmllz, and others j
. rs. [ Hill f u r Injunction dml
Ilaiik of the Mate oPCJeo. ( iimeral Kctirf.
add others'.
L*T hii issue to stay proceedings under
the several Jdrfamrtnts within specified, ohlsiued in tl e
Mayor** Codtt'ol August*, I2lli of May, 1321.
WILLIAM JOILNrtON-
Hon. George Bancroft (Mr. Polk's Hecietary f the
Nav nid in a political address, |)tihllalietf in 1845-^
“ Wc may demvnd ilia instant abolition of the
trade in the Lhatriit of I'oltirnhin, aful should ass’*’
ffee l*lor to reenter it* fipbt its (lie c o|ifal of ikf
couotfy