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ing stolen goods, knowing them to be sto- ■ commanding the pear.*, shall be proven,
lea, shall be fiutdl in a sunt eqattl to the § 4. li any person in this stale, Mla.i
value sf the good* so byu&ht or received ; deliberately challenge by word orwrt
jsrgo an Imprisonment in the
B iitepitury at hard la tor, labor or in
ituOb^fbr any time not exceeding h e
ydi«. as ihe jury may jjccotnmend ; and
•ret* prosecution and punishment shall ex
empt tty: offender from being tried and
punished as accessory, if such principal
ting, the person of anotber, to fight at
sword, pistol or othei deadly weapon ; or
if any person so challenged, snail accept
the said challenge, in either case, suco
person so giving or sending, or receiving
any such challenge, and being convicUi,
thereof shall be sentenced 10 pay a fin
UneL a>r thioVes shall be afterwards ta- not exceeding fi.e hundred dollars, and
kea and convicted: ( imprisoned in the common jail ot the
$ ill. If uuy person shall take money, c"ounty, or on the recommendation of the
goods, chattels; lands or other reward, on jury, undergo an itnpi tsuti nent lit tlie
' promise thereof tucompound any treason, ’ penitentiary, at hard h-.bor or labor, fur
exciting or attempting to sur up and ex- j any time not less than three months, nor
Cite an insurrection or revolt of slaves,
murder, manslaughter, rape, sodomy,
arson, fotwery, burghtry, house breaking,
robbery, larceny, receiving stolen goods
or other property, escape, rescue, breach
of prison, bribery, perjury or suborna
tion of perjury, or any other offence
heretofore denominated felony, or any
offence punishable in this code with im
prisomnent in the penitentiary, at hard
*’labor or in solitude, for a period of two
years or longer ; every person so offend
tng, shall on conviction, be fined in a sum
Hot exceeding one thousand dollars, nr be
sentenced tu undergo an Imprisonment in
the penitential y, for any time not exceed
big five years, or both, us the jury may
recommend.
$ 22. If any person informing, or pro
secuting, under pretence of any penal
law, shall compound with the offender,
or direct the suit or information to be dis
continued, unless it be by leave of the
court, where the same is brought ; every
tiers >n so off-tiding, shall on conviction
be sentenced to pay a fine equal to so
much of the penally as he or she wool- -
be entitled to, if the defendant or party
prosecuted had been found guilty or con
victed ; and if the person so offending s
pot able to pay the said proportion of the
jjepslty, then he or she shall be sentenced
to undergo an imprisonment in the peni
tentiary, at labor, for any period of tune
not exceeding ilirce years, as the jury
in vv recommend.
$ ’3. I any two or more persons shall
Conspire or ng’-ee falsely and maliciously,
to chat ge or indict, or to cause or pro
cure t» be charged mid Indicted any per
San, he, site, or th y, so offending, snail
du convicti -n, be fined in a sum not ex
cording five hundred dollars, and be also
sentenced to undergo ail imprisonment at
hard labor fb the penitentiary, for a pe
riod of time not exceeding five years, as
she jury may recommend.
5 .’4 If any person shall fie found and
* '.judged a common bai rater, vexing o*
th rs with unjust ami a .-xatious suits, he
shall on panvictmu be sentenced to pay a
fiae not exceeding two hundred dollars—
Aid if the offender belongs to the profes
sion of the law, he shall also be disquali
fied from practising for the future.
§ 25. E nbrscery, is an attempt to in-
fl : nec a ju-y corruptly to one side, by
promises, persuasions,entreaties, money,
entertainments and the like.—Every l'.m
bracer who shall procure any juror to
take money, gain or profit, or shall cur
ruptly 'influence a juror by persuasions,
promises, entreaties, or by any other
means, shall be puui-died by fine not ex
C eding (Mie thousand dollars, and an im
prisonment in the common j tllnrpeniten
tiary iut exceeding h-re years, as the
fu»y niny*recommeud ; and thi jurot- eon-
Vir.-ed of taking money, gam or profii, or
& Corrup ly being mfl leuced as afo- esuiil,
•hall be sentenced to pav f ur limes as
I1IU :h as 'te sh >ll h »vc taken, or if he shall
not have taken any money or other g in
nn 1 profit, a fine not exceeding one rltnn-
• md dollars, and be imprisoned in the
p- tiitenflnry at hard labor, for any time
nut exceeding hree yea s, as th: jury
•i ty recoinm nd; and mm cover be for-
everdl;q t.difi d to a t ns a juror.
Jvfcl. Any Justice the Peace, charged
wi h nsal pr»c*ice in offi -e, by using of
oppression, tyrannical pa tiality, or any
o tier conduct unbecoming his character
as an upright magistrate tn the udminis
tuition, and under color of hts - (Tice shall
upon conviction be sentenced to pav a
fins, or to b • imprisoned in the common
J til of the county, as the jury may recoin- 1
mend, mid:il.obe removed from < ffi e.
§ 27 If any person shill knowingly
S' »i or deliver anv letter or writing
threatening to accuse another petsn
of a crime, wl'U intent to extort money,
goods, chattels or o' her valuable thii'g,
or threatening to maim, wound, k 5 ’ 1 or
murder, or to burn nis or her house, nr
‘other property (though nn money, goods,
Chattels, or other valuable thing be ile-
manded,) any stich person so off tiding,
shall on conviction he sentenced to pav
A fin" not exc-edlng five hundred dollars,
and to uo t,‘rgo an imprisonment at b vrd
labor, 1 ib t, or in s 'iitude, for any time
not exceeding two years, us the jury may
xccommynd.
§28. Any other oT-nccs against the
public justice, heretofore punish t rie by
intlictmeni in lb- coons ol this sta e, or
svh h m iy occur,shall tie punis'icd by fine
or imprisonment, or both. in the peniten
tiary, or ot te-wise, or coni non jail of the
c <unty, on the recommendation of the
jury.
NINTH DIVISION.
Offences against the Public Peace and
Tranquility.
§ 1. If two or m re persons assemble
for the purpose of disturbing the pufific
£e.*ce, or commifing an unuwful art,
au 1 do not disperse upon being advised c
rommnntied solo do, by n judge, justice,
•heriff. constable or oilier public officer ;
persons s ' offending, shall he g'lil'v of a
misdem anor, and on con vie lion, shall It
longer than one year,
§ .ii. If any person shall willingly and
knowingly carry and deliver any written
challenge, or verbally deliver any mes
sage, purporting to be achullengc, orshall
consent to be a second in any such intend
ed duel; every such person i Handing, and
being convicted thereof, shall oe seiuenc
ed to pay a line not exceeding five hun
dred dollars, arid be imprisoned in the
common jail of the county, at the discre
tion of the court, or if the jury should re
commend it, he may be imprisoned in the
penitentiary, at labor or h ird* labor, to
any time-not less than three months, nor
1 'tiger tnati one year.
§ 6. It shall be sufficient to form an in-
'ictment, generally, against cither of the
pi incipaU for challenging another to light
it deadly weapons, and notwi hstnnding
it mr.y appear on the trial, that the de
fendant only accepted the challenge, it
snail be sufficient to couvici and rentier
him liable to the penalties aforesaid, and
in like manner, au indictment against the
second may be framed generally, for cur
rying and delivering a clutilc e, and the
proof of the mere act of fighting, and the
defendant being present thereat, shall be
sufficient to convict the defendant upon
an indictment so framed ; and if the duel
shall take place within this -tatc, the
mere act of fighting shall be full and com
plete evidence of the charges respective
ly, of giving or receiving, or of carrying
and delivering a challenge, without other
proof ihcieof.
§ 7. I f any justice or other officer, lanind
to preserve the public peace, shall have
knowledge of an intention to ligli with
,ny deadly weapon, given or received,
and not use and exert Ins offiriul author!
ry to arrest the parties and prevent ihe
.luel; such justice or other officer, shall
I r such n« gleet of duty, be indicted, and
uii conviction, be dismissed from office.
§ 8 If any person or persons, shall in
any news-paper or hand bills, written or
printed, publish or proclaim any other
person or persons as a coward, or use any
other oppr- btious and abusive languag
for not accepting a challenge or fighting
a duel, such person or persons s-t offend
ing, shall on conviction, be sentenced to
pay a fine not exceeding five hundred dol
lars, or on (he recommendation nf the ju
ry, may be imprisoned in the pe it ntiary
at ubor for uny time nut exceeding one
year.
§9. The publisher or printer of any
news-paper, hand bill, or other publica
tion, shall in ail prosecutions under the
last mentioned section, be summoned as a
witness, and be accepted by the court as
a good witness against the writer nr wri
ters of uch public ition or hand bill; and
if ihe said printer or printers, when sum
moned before the court, shall teluse to
give up the writev’s name or names, the
coutt -.hall consider him or them as the
author or authors thereof, and proceed to
punish hi n m them accordingly.
§ 10. A Libel is u malicious defamation,
expressed either by printing or writing,
nr by signs, pictures and the like, tending
eith< r to blacken the memory of one who
is dead, or the honesty, virtue, integrity,
or reputation, of one who is alive, and
thereby exposing him to public hatred,
contempt nr ridicule—Evet y person con
victed of this offence, shall be sentenced
to pay a fine not exceeding one thousand
dollars and also to undeigo an imprison
ment in the penitentiary at labor or hard
labor, as die jury may recommend, for
any time not exceeding three years.
§ 11. In all cases of indictment for a
lib-1, the person prosecuted shall be al
io ved to give ihe tru'h in evidence.
§ 12. All other oflences against the
public peace, shall lie prosecuted and in
die d ,s heretofore, but die punishment
in every case, shatl be fine, or imprison
ment ill the cointn ui jail of tile county, or
both, at the discretion of die c. urt, or in
the penitentiary, if llir ju-y shall recom
mend that mode of punishment.
TENTH DIVISION.
Offences against the Public Morality,
Health and Police.
§1 If any person shall have two wives
or two husbands, at one and tiie same
ti nt, knowing of the living and existence
ofsuih wife or husband, he or he shall,
on conviction, be sentenced to pay a fine
not exceeding five hundred dollars, <m ■
to undergo an irrpns'-r.ment at nard luboi
in the penitentiary, foi any time not ex
ceedtng three years, as the jury may re
commi nd ; and the second marriage shall
be v id ; but long absence of die wife or
husband, and no inform a: ion of the fat*
of -itch husband or wife, shall at thedis-
cretian of the jt . v,be cause of acquittal
f die person it.dieted.
§2. If any nv.n or woman, being un-
"a'fi- d shall knowingly marry the bus
band or wife ‘ another person, such man
or woman shad, on conviction, be senten
ced to pay a fine not exceeding five hun
dred dollars, and to n ub go an imprison-
ment at hard labor, in the penitential j,
for tinv time not exceeding hiee years,
is the jury may recomnnn —But if the
fined, or impris ned in ihe common jail I persons guil y of thi se off nces are not
of the county, on the recommendation of I able to pay the said fines, then the pun
the Jury.
§ 2. If anv two or more persons, either
with or with nit a common cause of qnar-
*vl, do an unlawful act of viol* nee, or am
other *c* to a violent and tumultuous m a
rcc ; ttirh parsons so ottvmli.'a, shell be
guilty of a Riot, Slid on conn i n shall
be sentenced to pay fine, or be imp- i-
»( ned in the comm-m jail, or both, as the
•try may at in mind ; but if he circum
Stances oft* tiding the riot sh..l! be of an
atmei us or aggravated nature, the nf-
fvmh’is may. upon lh - recomimnd-ition
liment shall he imprisonment at hard
labor in i«e |ieii-.*e,iii i y, f r any term not
exceeding five years, as th* jury nmy re
commend.
§ 3. It any person shall commit ir.r* s-
tuous fornication or adultery, or into;-
mat ry within the degrees of consanguini
cnrlty totlie Inferior court of the county,
in the sum of one mou, md dollars, for
the nupport and education of such child
ur ch.ldren, ’till the age of fourteen ycai s,
or to discover on oath, the father of such
bastard child, which being done, the said
justice, mayor, intendant or alderman,
dial! issue his warrant in like maimer, it
iring before turn the person sworn to o*
the father of such hud, or children, who
on refusing to give sat n security us may
>e required, tor ihe support and educa
non of such child or child en, until he,
she or they, shall arrive at the age of
,‘ouiteen years ; and also, pay or give se
curity to pay ail expcnces, incurred at
tin birth of such child, or children ; such
eputed lather shall be bound in a suffi
cient recognizance to appear at the next
Superior court, to answer to a bill of in
dictment, for Bast ahoy, and on convic
tion he shall be sentenced to pay a fine,
whicn by the court may be deemed suf
ficient to support and educate the s id
bastard child or children, until he. she oi
they, shall arrive at the age of fiiurteen
yeats; which fine, when collected, shall
be paid over to the justices ol the Inferior
court of the county, and by them applied
ro the support and education of said bas
tard child or children ; and the said re
puted father, shall, moreover, be impri
soned in the common jail of .lie county, for
any time not exceeding six months, if the
jury shall recommend to the court, such
additional punishment.
§ b. If the mother of said child or chil
dren, refuse to give Security for th, sup
port and education of. said child, or chil
dren, or refuse to discover the father of
said child or children, then she shall be
prosecuted, fine a 8c punished, as direct
cd against the reputed father—The de
clarations of such mother of a bastard
child or chil l"cn, made on oath, or af
firmation, in open court, shall be given in
evidence, on the trial of the man charged
by her, as the father of the child or chil
dren, to convict such person of the forni-
cat ion and bastardy.
§ 6. Any man and woman who shall
ive together in an open state of adultery
and fornication, which will be sufficiently
c.stabl shed by any circumstances which
raise the presumption of cohabitation &
unlawful intimacy, shall he severally in
dieted, and on conviction, such man and
woman shall be severally sentenced to
pay a fine not exceeding eighty dollars,
md on conviction a second time a fine of
•me hundred and sixty dollars, and fore-
erv repetition of t he offence, a run-
in ihe same proportion—and moreover,
oe imprisoned, if the jury shall think
proper to recommend that additional
mnishmeut. But it shall at any time, be
in the power of the parties to prevent or
uspend the prosecution by marriage, il
such marriage can be legally solemnized.
§ 7. If any person shall be guilty of o-
pen lcwrlness, or any notorious act of
public indecency, tending to debauch the
morals, or keeping open tippling h uses,
n the Sabbath day or Sabbath night, he,
or she, sha i be indicted, 8c on conviction,
shall pay a fine at the discretion of the
court, or he imprisoned in such manner,
and for such period, as the jury may re
commend.
§ 8. It any person shall, for his or her
liioluiTient or livelihood, maintain and
keep a h-wd house, or place, for the prac-
1 ice of fornication, either by themselves
or others, he, or she, shall on conviction,
be sentenced to pay a fine, at the discre
ion of tlie court, or be imprisoned in such
manner, and for such a period as the ju
ry may recommend.
§ 9 If any pi rson shall keep and main
tain a common, ill governed and disorder
ly li-'ust, totlieencoiiragementof idleness,
gaining, drinking,or o her misbehaviour,
to the common distai bance of the tiaigli
borliood, or orderly citizens, lie or she
shall, on conviction, be sentenced to oay
a fine at the discretion of the coutt, or ti
be imprisoned in such manner, and for
such period of time, a3 the jury may re
commend.
§ 10. if any person shall by himself, ser
vant or other agent, for his gain or living,
keep, have, exercise or maintain a com
mon gaming house, table or room, or in
any house or place occupied by him, pro
cure, or permit any prisons to frequent
or come together to play for money, or
any other valua'tie thing, at any game,
he or she, on conviction, shall be sen
tenced to pay a fmc at the discretion of
the court, and to be imprisoned in such
manner as the jury may •*c,-nim« nd.
§ 11. Anv person, or persons, who may
he found playing at any game with Cards,
Dice, Checks, or at Billiards, or any o-
ther instrument, article or articles, thing
or things whatsoever, heretofore used, oi
vhirh may hereafter be used, for the
purpose of belting upon, or winning or
losing money, or any other tiling or
things, article or articles of value, nr any
iroperty, or any <-ther article or articles,
thing or things of value, on any of the
games aforesaid, or which may hereafter
if invented, may bo indicted anclon convic
tion heriofshull be fined in a sum no'less
ban fifty dollars nor more than five hun
(lied dollars, as the jury may reconn
mend—one hall for the benefit the in
former, n* d the other h- If for the use of
therouufv, wheve th off-nce may have
been committed ; Provided, that this act
shall not he c mstrued to extend to horse
t icing, s'rooti g wit'; gunsi f any descrip
tion used against nn enemy, wrestling,
jumping, foot r. cing. ti-e plaving, pitch
ing with Ct.its or dollars, nr any other
peaceable and civil athletic exercise of
man or men, not herein particular ly enu
nr.erated.
§ 12. .lud be it further enacted, That
shall be the dii'v of the judges of tin
'"Ulterior coni ts of this state, at the open
ing or ronvuencetne-'t of evny court, to
give in charge to the Gram' Jut ies respec
tively, the substance and intention of the
Legislator*, as contained in the several
secions in this code relative to *r. mbiing.
§ 1:5. «1nd he it further enacted. That u
md morals of the people, may l-y order
f any tv>u ot inori justices qi the peat*,
lpuii the opinion given them uy twelve
iiuzens, summoned for that purpose, or
tier tne sncriff of tuc county to 11 move or
>uppres - said nuisance ; and if the nuis
nice exists in a town or city, umu r the
g-.veiiiineot of a mayor, intendant, aide)
nan, wauiens or a common council, such
nuisance,by and with me advice ot sal*
ahleinian, wardens cr council, may Ik
r* moved or suppressed by order of said
mayor or intendant.
§ 15. Any butcher or other person,
selling the flesh of a diseased animal, or
other unwlnnsome ptovisions, shall be
indicted, and on conviction, tor the first
offence be sentenced to pay a fine at lie
discretion of the court, and for the second
offencr, shad be fined at the discretion <.
the court, and also imprisoned in such
manner and for sneli periuu of tune as the
jury ni.*y tecommci.d.
§ 16. Any baker, brewer, ditillci,
merchant, grocer, or ether person, m 1-
ling unwhoisoine bread, drink, or perm
cious and adulterated liquors, knowing
tht-m to be so, shall be indicted, and on
conviction, shall he fined at the discreiioi
of the court; and on conv iction for th.
second offence, such baker, brewer, dis
tiller, merchant or grocer, shall be sen
tenced to pay a fine at the discretion of
he court, and also to undergo an impri ■
sun ment in such manner, and forsuch per
iod of time as the jury may recommend.
§ 17 Any physician, surgeon orothci
person, wiliuliy endeavoring to spread
the small pox without inoculation, or by
inoculation with matter of the small pox
nr using any other inoculation than lhai
called vaccination, shall be indicted, and
on conviction, fined in a sum not exceed
ing one thousand dollars, and nioreovci
he imprisoned in such mannet, and for
such a period of time as the jury may
think proper to recommend to tne coutt.
§ 18. Any person coming into this state
by land or water, from any place infected
with a contagious disease, and in viola
tinn of quarantine regulations, shall be
indicted, and on conviction, sentenced to
pay a fine not exceeding five hundred
dollars, and also be imprisoned in such
manner, and for such period as the jury
may think proper to recommend to tht
court.
§ 19. Any person wandering or strol
ling about, able to work or otherwise to
support himself in a reputable way, or
leading an idle, immoral, proiligate course
f life, shall be arrested by a warrant, is
sued by any justice of the peace, mayor,
nr alderman, and bound in sufficient se
curity for Iris good behavior and future
industry, for one year; and upon Itis re
fusalor failure to give such security, he
shall be committed and indicted as a
vagrant, and on conviction, shall be im
prisoned in the penitentiary ut hatd labor,
forsuch period of lime as the jury may
recommend to the court.
§ 20. If any person shall be apprehend
ed, having upon him or her, any pick-l -ck,
key, crow, jack, bit or other implement,
with intent feloniously to break and en
ter into any dwelling-house, ware house
store, shop, coach house, stable, or out
house,orshall have upon him any pistol,
uanger, cutlass, bludgeon, or other offen
sive weapon, with intent feloniously to
assault any person, or shall be found in,
or upon any dwelling house, ware-house,
store, shop, coach-house, stable or out-
.louse, with intent to steal any goods or
chattels ; every such person shall be
leemed a rogue and vagabond, and on
conviction, shall be sentenced to undergo
in imprisonment in the common jail of
the county, or in the penitentiary, at
iiariJ labor, for such period of time as the
jury «h.ill recommend to the court.
§ 21. All other offences against the
.tublic murals, health, p lice, or economy,
hall be punished by fine or imprison
•nent in the common jail of the county, at
the discretion of the court, or in the peni
tentiary, in such manner, and for such
period of time, as juries may recommend,
[’/'o b - continued,']
CONuKESh.
•II be lawful for ary lawful officer to
House of Heeresentatives.
Monday, Feb 3.
Mr. Harrison offered the following re
solution :
Kcsolvtd, That a committee be np
pointed to enquire whether any, and if
any, what amendments are necessary to
the constitution of the United States, to
enable the government thereof to adopt
such a system of military instruction and
discipline for the militia, as make it a
salt- and effectual national defence.
The house h iving agreed, by a small
majority,to consider the rosolution-—
Mr. II. entered into an e>pl mation of
his reasons for offering the motion, and
referred to the constitution, to show tha
'..ongress had no power to call out the
militia for the purpose of training them,
nr to grant a doilar in defray any expence
for that object. The general aiguntenis
on the subject are given in the report on
the subject of the militia, in Monday’s pa
per. Mi. H.coitclueil by saying that he
relieved without adopting some such
course, all hope of training the militia
might be abandoned, 8tc.
Mr. Pickering opposed the resolution
and spoke against its object. He was nf
opinion, that the militia could never be
disciplined without placing a part perio
dicnlly on the footing of regular soldiers—
and that idea lie had long abandoned
He thought the gem-cal government ought
to he satisfied with arming and reginnn f -
iog the militia, and .then leave their dis
cipline to the states—that the present At
tempts to train them were attended with
great expence; and that the people would
never consent to place the great power
c ntemplated by this motion in the hands
fthc Executive. Mr. P. took this oc
casion to dispute what has been frt qtient
ly advanced, that Gen. Washington had
appi oved the plan submitted to Cong: ess,
in 1790, by Gen. Knox,then Secreta-vot
ments reported by the committee of thr
whole, to th* bm to s-t aj it and pltdg 1
is a fund for iuumal in.prowrtunf,ti
Bonus and Unit* d Stalls share of the c
vid* n » ot t < National H.-nk.
Mr. Pickering state I snipe modificat
ions of tne a'lieini'nciits which tie wish
d to |>r pose, but no- now being in orde t,
ie reserved them for the p tstnt.
Mr. Taylor of N. Y. prip.isefl to define
ttore precisely toe mode jiff apprrpnatii g
lie fund among the diff fent str es by in
serting the winds “ according to the re
presentation in tlie House of Heprcsenta-
tives in Congress.”
Mr. Pickering bjecteff to the motion
as well as to tnr .-m. ndmjlu of the com
mittee of the w hole, as leading the objects
ot improvement still too viague and inde
finite. j
Mr. Smith, of Md. oppqr.ed it beca
the present representatt an might be re
duced but could not be increased, and that
state would now receitAc a modicum < f
the fund ■ hich might hereafter become
almost no Iting—and therefore he wish
ed it sl.ou:d be appnrticfned according to
the present representation—not to hr sub
ject to the great changes which should
hereafter take place in the relative re
presentation of the states in Cungrt rt.
Mr. Taylor supported his motion ; after
which *he motion was agreed to: and the
question recurred on tiie amendment as
amended; when
Mr Smith of Md. moved so to amend
he amend ment as to apportion the fund
which shall accrue, according to the pt e-
s'-nt representation in Congress, wh'C'
he supported on the ground that many
states, New Hampshire, Connecticut.
Maryland, &c. would never have an in
".Tease—and if we ate to be taxed (and
he viewed this as a tax for internal im
provements) he wished the states to en
joy the bem fit, according to the tax they
are about to pay, as it was to be frittrre
away among the several states, to be
wasted on little objects, instead of being
applied to some great national object, &u
The motion was opposed by Mr. Cal
houn, because the incorporation nf surh
a princ-ple would destroy the bill—the
great principle nf the government being
a community of inter* st, and est; blish-
ed for the general benefit, the amendment
would be highly improper as well as pre
judicial to the great object in view.
Mr Hardin also opposed the motion,
and argued ag'inst distributing the fund
at all among the states—which, in time,
when the representation of some of he
new states sh uld be doubled, would cm
bureaus if not entirely defeat the execu
tion of the object.
The motion was also opposed briefly
hy Mr. Harrison, and Mr. Kilbourn and
at some length, by Mr. Sharfi—after
much more discussion, in whicn Messrs.
Hulbcrt, Grid and Yates, took part ;
Mr. Smith’s motion was negatived by
a 1 trge m.tj rity,
Mr. Stearns moved, that instead of
vesting in Congress the power of disignnt
jng the objects of-improvement—it should
be given to the state legislatures, under
the approbation of the President.
This motion was opposed hy Mr. Shef-
fey, Mr. PLkering and Mr. Gtosvenor ;
when
It was negatived, without a division;
and
The question was taken on agreeing to
the amendment of the committee of the
whole house aa amended and carried—
aves R4.
Mr Pickering then moved to s*t ike out
the first section, and insert in lien thtreo ,
two other sections, directing tha’ the
fund he set apart for “ constructing roads
and canals, in ordvr to facilitate, promote
and give security to internal commerce
imot.g the several states.” and to be ap
plied to constructing, or aiding in th-
construction of su- it roads and Canals,
in each of the states, as Congtess, with
the consent of eat h state, shall bylaw
direct,” and ’he proportion to he ex
pended in each state to be in the ratio
its representation at he time of such ex
prnditure, in th - most numerous branch
of the legislature. .
Mr. Pitkin disputed the power of Con
gress to apply ’lie public funds to such
objects, or even to incorporate a compa
ny to make a canal—that if this prim Iple
were adopted. Cong-ess might assume fl
ay power—and argued to establish thi •
opinion, and the belief that the power of
Congress extended only to the obje t s ex
pressly given in the consti ution, 8tc. As
to the expediency of tha scheme, h*-
would perferaidingcompanies, or individ
ual enterprize, instead of taking ffiese
objects entirely in the hands of the go
vevnment, 8tc.
The H-mse adjourned before the de-
b -te was closed.
zette cf the 26th, that Parliament would
rivet for the dispatch of business en tut
36th January. *
Let leu fn m. the Agent to Lh yd’s, *!».
t *1 Cadiz, Nov.’S, state that the tt ane of
Spain wasgready anney*d by the liu*.-
,os A>re.acruizers, which had recently
captured 8 vessels off Cat '4.
London. Nov. 27.
Several English gentlemen nf distinc-
t on wcie p’.eseot at tlie British Ambas
sador's, at I’arisj wh. n M. tit 1 al tvrar.d
made Itis vehement sortie* against the
French Ministers—Mi. Cauniog, the-
Earl of M: nsfitld, Mr. Tierney audoth-
eis. Our correapondint states, that M.
de Talleyrand complained ol tht inenn-
sistmey of the Kiny’s conduct. The
next morning, M.cie Talleyrand received
a leiiei fiom the Duke .V lu Chant, sig
nifying the King’s pleasure, to him that
he should not appear at Court again. It
is said that he will also be deprived of his
py tol Chamberlain.
ihi Duke dt> la Chatre,f.rst gen tie wan
oj the 'Chumbtr, .utidr /.std, yesterday
evening, thi follow/g letter to M. tie
’Pulli-itxtnd.: .
ih—In consequence of the public
conversation which t’nu held with the
President of the jChan*ber of Deputies,
in the li use of th# Ambassador of a Fo-*
reign Pow. r, I worm you, that his Ma<
jestt has ordcied ate to notify ttrvou that
mumed nut again present yourself at
Court.”
I. IV Kit POOL; Nov. 25.
The demand fi r cot on, which haw
teen principally front the trade,hfui het
very goed during the whole of the week,
particularly foi Bnweils, Maranhams, 8c
Babins; Boweds, have advanced'aba-t
l-4d. and Br .zils nbou' 1 id. per lb Tha,
arrivals are only 5l6 bags, whilst iVn
sales amount to abt ur 5900 bags.
LONDON MAKKETS.
November 26.
Cotton—The arrival, of the East 1 alia
cotton are »erv considerable, above <00®
bales ; from Pernambuco 1200, andftona
Bthia, 800 bags; die dent tfid vgreatiy
revived 1 • st w^ek, particularly for Bra-.
zd descriptions.
Lond n, November 17.
Some German Manufacturers lu-.ve
t -rint d the resolution of inviting the Di*i
assembled at Frankfort to proptose to
their respective Sovereigns, the estab
lishment of a continental system, and to
close the European continent to English
manufactui es. In order to pi ocun pnr-
tizans, the send round circulars every
where, ami have particularly invited tho
Swiss merchants to make common cause-
with them.
FORKlttN.
;y or affinity, established bv 1 iw, h- or J btetk open suspected rot-ms or houses
here it is commonly known that gaming
cf the iury.b- fined and impris ned in the m itt in the p niti-n'i
tjenitentiar-y, fur any time not exceeding I mended to the court *
•he shad, on conviction, be sentenced to
pay :* fine n<-t exceeding five hurdled
bd ars, it to nnde’go an imprisonment i:
'hr peiuttn i.trv, for » pe-iod • -f time not
xceedir.g two years, if such imprison-
hall be recom-
bv the jure.
§ 4 Any justice of the per.ee, mayor.
f*3. Affrays are ’he figh'ing of two or intendant, in anv county, or ofrnvritv in
men jail 'if the county,or in th, at thre’-is-
etvtinrt ttf the court an*J it *h«£bc ennri-
Qf>rxdj**« * ni^rnvaMcn of s nf a r on stable of corn* tv rrritv, where
fence, tidily fontempt or disnbrdiet r e of | the case mav ai i f, md nhhgo 'he rff.-n-
t)ic magistrate aP other public officer-dor to b* brought b*.f,>ro him, to give se- or tends greatly to corrupt the manners
thereupon cause a warrant, under his
hind hik! seal, dirtc'.rd to the "h i IT nr
a constable of said county or citv . where
is carried on, nd to take anv persons
found guttling audio bmd 'hm over to
the n* xt Superior coutt to be held in 8c
for the county where such offences may
be committed.
§ 14. All nuisances not here mentioned,
which tend to annoy the community or
injure tlie health (i'the ritizetis in ren-r
al, or to corrupt the public morals, shall
be indictable, and punishable by fines tit
the discretion of the court, and in prison
•nen* of 'he offenders ill such manner,
and for surh periods of time, as juries
ntav recommend. And any nuisance
which tends to the immediate annoyance
of the citizens in general, is manifestly
injnrons to the public health and safety,
War ; but that Gen Washington had
s'tnply sent it to Congress, without ex
pressing either approbation or disappro
bation.
Mr. Harrison replied to Mr. Picker
ing's remat ks, and referred to documents
and other testimony, to establish the fact,
that the plan for classing and disciplining
the militia, drawn up b\ Gen. Knox, has
h-.-eo sanctioned by the judgment of Gen.
Washington ; and said further, as to the
popularity of the motion, he was ready
to take it on himself, and was willing his
popularity should be sacrificed in at
tempting to accrmplbh an object of such
vita! importance to the country. 8tc.
The resolution was, on moti* it of Mr.
Yancey, laid on the table.
1/ivrsdatt. Feb 6.
IN T F R N A L IMPROVE M ENT.
’Ihe House then took up tlte jtuend-
LA1E FROM ENGLAND.
The British ship Traveller, at rived at
Boston in 71 days from Liverpool, has
brought papers to the 23d Nov.
A Madrid paper, 78th October, states
that the king of Spain intended to send a
special minister to .he United States to
demand explanations respecting the sup
port given to the South American pro
vinces.
Liverpool Papers.
The distress of the laboring and mid
die classes of people in Sunderland, were
great beyond any former precedent. By
inquiries instituted by the magts:rates, it
appears that one pawnbtokor only (and
there are many in Sunderland) had, be
sides some thousand pounds worth of o-
’.her articles, no fewer than 1200 watches,
and 150 wedding rings.
A loan has been opened at Liverpool
to afford employ mem to the laboring poor
in the public dock*.
A further reduction of the British ar
my had been ordered.
Norfolk, Feb. 7.
By the ship Averick.Capt.Colley, from
London, we have received the London
Courier ai Nov. 27, being the only papt.t
by this arrival, later than what has alrea
dy been received. It contains no news,
and it is itnpo’.sible to gather from a
source so partial any intimation oi the
real situation of England.
Meeting:: for the relief of the distressed
manufacturers continued—Thos? of Spi
tal-fields, and the impoveristd subjects
of the whole North-east quarter of the
Metropolis are represented to be i:i the
Iasi stage of human wretchedness; and
a Meeting was he'd at the Mansion Hons*
on the 26ih Nov. for the purpose O fadop
ting measures for their relief. These
miserable creatures are said to have
borne their hardships with great patience
and without utterii g a single complain’*
agiinst th■ ■ government.
It was officially announced in the Ga-
Nf.w-Orleans Dec 77.
A dreadful affray took place on the le--
vee, opposite the lower part of the FuuX-
bourg St. Mtv, between a latge body
of seam: n ami a party of boatmen,
in the afternoon of Christmas day, ami
continued with increasing fury till 8 o’
clock in ’he evening. B.fnre that h nr
several were killed and wrundid on both
sides, the police guard was uverpow* r> d,
and it was found necessarv for the s r > y
of the city, to call in -rite aid of th U S.
troops,a detachment of whom was marrh-
ed to the spot, and instantly lesto.rud or
der. We hope that examples will bs
made of the ringleaders of this riot in or
der to show that the public peso., r.-nnot
b interrupted with impunity. Th- re is
reason to tear hat unless the p lice ex
hibit mot e than their usual activity and
vigilance, the clisord'-r tvi.l be renewed.
('harlkstot; Jin. 10.
INTER ES - ! ING Dlv. IMON.
A gentleman nf the bar h is politely
communicated the fo lowing fmpoitutit
result of a case in the court of Common
Pleas, fo’ publ cvitui :
fohn Singlt ton vs. j Inthefommon
The So Carolina Tank. | Ideas.
This was an action brought fot the re-
nvery of a sum of m nty due upon bills
issued bv said B *nk. • The case de v eloped
by the testinv nt was this ; somr time in
the year 1815, J hn Singlet' n. Esq. ol the
H gh [Mis ot Santee, presented to tne
Cashier of the Batik, e>glu bills of one
hundred dol arseach. and demanded pay -j
nent in specie The Cashier declining
ti act a’ that time on the demand, bt g-
ged indulgence until next day, when, to
tne Plaintiff’s second demand, a premp-
t ry refusal was returned ; the Casiti-r
offering, at tlie same time to pay in bills
of the seme or any other Bank, adding
that this propositi n and conduct was tu
pursuance of instruction:: from tht Direc
tors To this proposition the 1'laoiiiff
refused to a-cede, but proceeded for It-
with to ex. cute his threat of legal c ur-
i >n. The Defendants reli'd . lt- fly on
the grounds—1st that tlie demand up -n,
and refusal by tlie Cashier, was tint a le
gal demand upon, and refits .1 by tha
Pre*'d nt and directors, the persons con
stituted by the clt trter to represent the
institution; that th y could act only in
their corporate capacity, ami express
their will only by the 1 ti.gunge of the
seal. 2dlyl that it would bt tii .hiy ine
quitable to exart specie of the Batiks at
a time when its valte was from light to
ten per cent greater than that of the bills
of Charleston, These, and sevt ral other
subordinate propositions were abtv main
tained bv Mr. Gadsden, to with h Mr. Si
mons, for the Plaintiff, made an able and
triumphant reply. The jury, after a few
minutes deliberation returned a verdict
for tiie Plaintiff with interest from the
time of demand, cost of protest, and suit.
New York, r.hruary 8.
\esterday a family consisting of eight
persons, emigrating from the tanks of
Kvnebeck river, in the District of Maine,
to th-: more fertile soil of Tennessee, af
ter a tedious jout ney, in a m st inclement
season, reached this city and ptvsscd the
streets in a manner that excited the ct-
ri isiiy and sympathy of thecit zrns. The
f.ul% r about 45 years of age, with an
honest countenance, somewhat depres
sed by fa'igpe, drew a hand cart, con
taining all his cffec’s, chattels and provi
sions, and two children of an age too fee
ble to travel; behind followed the elder
children and the wife, bearing in hn’
aims a robust infant seven month, old.
In this manner they had ulrtadi tr.»v* 1-
led mote than 400 miles, and yet he hud
to perform about double that distance.
The cirrnm-itatire drew crowds into their
train, and oil reach ing the corner nf Pearl
and Wall stir. ’thirir progress was fair
ly impeded. \Ve were however, much
gratified ut the liberality of the cpizn G
*hn contributed in a mirnrr that will
'mablc the emigrants f o pursue their j in *
any with lighter h-ur's—their whole np-
'•.•aruuce will ensure than hospital:') - on
-Ut-.route*