Newspaper Page Text
Extract
FROM MR. WOODBURY’S SPEECH.
«< Hat it is not from this branch o( go
vernment we have most to fear, l axcs
nml short elections will keep tli-:n right.
The Judiciary of the United States '» ‘»t
S'lUtle crns of seppers and mm l '* 1 " rl
slant! y working urnlcr groiuxl 1 *** l , !ie .
the foundations of our confederated 'abne.;
They are construing our CoDSt.tu’ion fromj
a co-ordination of a general and special
Government, to a general and supreme our
alone. This will lav all things at then
feet, and they are too well versed in Rng-j
fish 'law to forget the maxim, 1 hard judieis
esl- ampUare jurisdicliomeu
No institution, in H is free country, is a-j
bove just criticism and lair discussion, in
regard to i's political vj ew» and the poli
tics! consequences of its proceedings. I
Hence. ; .n the, States, and every where, the
fir'd of inquiry and comment is, and should >
be, op'*n to all ; and a sacredness from tliri)
would render any institution a despotism.'
Wh.tt, then, let me ask, whav have been !
4he iilustrations of the bearing of the deci
sions of that Court upon Stale rights, in
particular cases r At one time has no
Georgia been prostrated by a decision, in a
case f igne.d or real, between Fletcher and
peck? Alnno'her, Pennsylvania liomblcdt
in the case of Otmstead’s executors? Atj
another, Ohio ami Maryland subdued, in
the c: ««* of McCulloch and the Bank ? At
souther; New-York herself set at defiance,'
in the ete.iiu boa! controversy? And last,
if not least. New-Hampshire vanquished, j
in the case of Dirtiftouth College? Ihesej
decisions may, or may not, have been le-'
ga'iv right; that is not present enquiry
but who is not struck will* the difference*
between the progress and effect nt these!
decisions, and what was witnessed in lliej
earlier days of the Republic? Wlien Mas
sachusetts. in the height of her glory, was
threatened to be brought to the bar id that j
Court for trial, sin*, in the person of Han j
Cock, s«t on foot a remonstrance, and a pr.l-1
posed amendment of (he Constitution, which
her great influence carried throughout the
Union—an amendment exempting a sover
eign State there, in certain cases,.from lliej
humiliation of a trial and sentence. .JSveni
(his amendment, so plausible on its face,
has, since J6O!, been almost wholly evad
ed in practice, by suing the agents of a
Stale, instead of tlm State itself. S t again,
before 1801, wh*n Virginia, in her might
and chivaUy, took the field against the Ali
pn anil Sedition laws, ami against the deci -
sion of the Supreme Court on (heir consti
tutionality, an alteration of the Constitution
to be sure, did not follow, but an alteration
in the. administration and the laws did fol
low ; and she efleeted the political revolu
tion which suffered those laws to expire
ivitlmlM a renewal, and will probably pie
\cnl ilu ir re-enactment; until democracy
itself <hdl havt* become a forgotten tale. ,
1 shall enumerate no oilier eases, s«* dc ij
tuin the Senate by a moment’s inquiry in (
to the correctness of any of these deci- 1
sions; though it may be observed, that my t
own State, on an attempt to obtain her po- I
liMce! approbation of tne decisions in the (
cases of Ohio and Maryland, and of the i
principles therein involved, postponed in-n
definitely the resolutions on that subject, by K
the following vote in one branch of her Le- (
. gislature. 11
June 44, 1941, the Senate voted 7 to 5’ |
to postpone imli finitely the following a- i
inong other resolution* :
•• Resolved, That in the opinion of this
Legislature, (lie proceedings in the Circuit
Court of the United States for the District
of Ohio in the before mentioned report stat
ed, do not violate ei*her the letter or the
spirit of the 11th article iff the amendment
of the Constitution of the United States,!
nor constitute any just cause of complaint.”}
The only lime she ever expressed any
opinion ns a State, hostile to my views con
cerning the powers of the General Govern
ment and i's Judiciary, was in rejecting the
Virginia resolutions, at an era in her poll 1
tics, when having just cast her votes for the 1
elder Adams, she might naturally be ex
pected to be hes ile to the democratic prin-j
ciplrs of those resolutions.
It will thus be seen how (lie powers of
the General Government have been gradu
ally brought through one of its departments
to bear on the States; and how ih** decis
ions of that department, have gradually ten
ded to the dangerous enlargoinent of those
powers. This subject lias been adverted to,
uot for the purpose of questioning the Con
*titutional competency of that Court so to
decide, when it thinks best, hut to ask
whether no way exists for the States when
opposed to the political bearing of those con
«tructions---when opposed to such political
operation of tne Constitution, to check or
control the influence of such a course of de
emons*? And if any way does not exist,
whether the Government is not likely soon
to end in consolidation ? And whether our
future Presidents ami Vice Presidents, with
out ‘reference to any signs of the times about
9 new alii nice, are not, as more than once
intimated in this discussion, from the West
and East, to be lifted hereafter from that
Bench to preside over the new destinies o!
a consolidated government ? My own an
swer to some of these inquiries, is, firstly,
that by the S ales, as States, the erroneous
decision of the legislative and Executive
Departments of the General Government
c*n generally he corrected by changing in
t >'■ Legislatures, aiul s{ the ballot
tnt *9i the agents here who made those de
“ ciiiohs. This has been the ordinary remedy
in ordinary cases. Another class of decis
ions, and especially those by the Judiciary,
when the Judges are not removable by the
* People, or the States, or Congress, as those
s of the Supreme Court are not, can be cor
- reeled sometimes, by the States, as States,
■ through public expressions of opinion in
their Legislatures, acting by their intrinsic i
1 reasoning and fort e on the agents who made j
(those decisions, and inducing (hem to revise j
{and alter their -doctrines in future.— It
would not he derogatory to any court, to
| iintcn to any expressions of opinions and
arguments such as those contained in the
I Virginia resolu ions of 1793 -in the rcsolu-;
itions of South-Carolina on the tariff; or in!
the Executive Message, resolutions and re-j
(port of the Legislature of New Hampshire, i
in 1844, on die constructive powers claimed (
|for the General Government. When all
{these modes fail, another and decisive re-j
sort on ihe part of the Slates, is to amend
| men I s of the Constitution, by the sale and
(large majority of three-fouiths. The ac
knowledged power of (he States by their
[resolutions and concert in this way, to effect
[any changes, limitations, or corrections,
' shows clearly that in them the real sov- (
creignty between the two governments is
' placed by the Constitution, and in them the
final, paramount supremacy resides. They
[can alter (his Constitution; but we here I
j cannot alter their Constitution. We then
lare the servants and they the master. On
{the contrary, whatever otheis may hold, I
do not hold that any certain redress beyond
•this, on the part of any State, can be inter
posed against such decisions of the Supreme
|Court as arc followed by legal process, un- 1
less that Slate resorts, successfully, to force
>iagainst force, in cor flict wiih tlre federal
[agents. It is admitted by me. however, that
: 'a State may resolve, may express her cou- |
ivictions on the nullity or unconstitutimialily |
of a law or decision of die General Govern*,
i nvent. These doings may wmk a change
(through public opiimmi or lead to a co-npe
■ration of threa-foui th« of the sister Stales,
-Ito correct the cn.„o by aui-u.dmento ot the
' Constitution, But whenever the enforce
ment ot the law or decision comes within'
the scope of (he acknowledged jurisdiction
|uf the Supreme Couit, and can be accom
plished by legal process, I see no way in
which that Court can bo controlled, except
by moral and intellectual appeals to the
hearts and heads of hei Judges, orby amend
ments to the Constitution; or by the de
plorable and deprecated remedy ol physic
al force. This latter resort 1 du not under
stand any gentleman here to approve, until
ail oilier resorts fail; and even then only in
a case where ihe evil suffered is extreme and
palpable, and indeed, more intolerable and
dangerous than (lie dissolution ol the Gov
ernment itself. |
Such was the doctrine of Jefferson and
Madison, (Virginia Resolutions, 18 p.)
“ The resolution has accordingly guard- ,
ed against any misapprehension of its oh- !
ject, by expressly requiring for such an in- I
'(erpuaLi&i “the caHe deliberate, pulpa-j'
hie, and dangerous br«arh of the Constim-i'
thin, by the exercise of powers and granted '
by i l . It must be a case, not ot a light and,*
transient nature, but of a nature dangerous)*
to the great purposes for which the Consii- *
lution was established. It must be a case,, 1
moreover, not obscure or douhtlul in its!*
construction, but plain and palpable. Last- ;
ty, it must be a case not resulting fiom a *
partial consideration, or hasty deiertnina- [
tion; but a case slampt with a final conside
ration and deliberate adherence-”
Beyond their views I trust no member of
this confederacy will ever leel either the
necessity or inclination to advance, and thus
put in jeopardy that union which we all
profess so highly to prize. Most ot the.
! States, as States, in most of the exigencies
! that have arisen under the Constitution,
I though ali other eft’orts failed, have thought
it belter still to suffer—
—— “to bear the ills we have,
“Than fly to others that we know not of "
How lar the official authorized States
nets under Pennsylvania in the case ot
Olmstead; and the same authorized State
acts in Massachusetts, in withholding the
;militia Irom the General Giiveinment---and
pof Mas-achusplts, Connecticut and Rhode
1 Island, as States/ assembling by their dele
gates in the Hartford Convention in a time
of war, and with such objects as the late
Chief Magistrate imputed to them in 1848,
and the present Chief Magistrate recog
nized in his letter to Mr. Monroe in 181 b ;
how far these were exceptions from thei i
/history to the obedience of the States as
States, to the laws and Constitution—l see
, not now, any pleasure or profit, or necessity
.in inquiring. Every sovereign State who
I lias, or who may decide on forcible collision,
[. decides for herself, though she manifestly,
does it under a high responsibility to her
people and the Union; and of course must
[Consent to be judged upon, however harshly,}
~ by public opinion; and be willing to abide
.on her course the decision made by the
t scrutiny of argument and- time.
c | —909 1
t As a lady was breaking a boiled eggj
t ;lately, preparatory to eating it, a hard tub
i j stance (in ship?, size and colour resembling
s cherry atone,) dropped from lh« interior
upon her plate, which pioved on etamina
j tion to t*e itseil ku egg, having a hard shell
e ' v *th a film, and wanting only a yolk to
( make it p*ifeet. Norfolk Her.
II Dull times with Hymen.— lt is now about
6 weeks sines we ha> c had occasion to record -
' s marriage in this town— Porttmoulh pap.
Charleston, April IS.
¥*cm\ \/wednpoo\. .*
By the ship Minerva, arrived yesterday
from Liverpool, we received our files of
English papers to the 3d of March, the day
she sailed.
These papers furnish no intelligence of
'any interest.
I A very large, meeting of Merchants,
[Manufacturers, anti other inhabitants of
[Manchester, was held in that town on the
)25th February, to petition Parliament for a
reduction of taxes, and that commerce may
| not be disturbed by another change in the
value of tire currency. The resolutions
[passed are warm, and declare; explicitly,
that the distress in that town “ is wholly
[unexampled in its extent and severity ”
A repeal of all laws taxing the necessaries
of life, and an immediate reduction of Gov
ernment expenditures, to what they were
in 1791, arc the remedies recommended.
Much tuimilt and personal outrage at
tended the Waterford election. The con
test was between Lord George Bcresford
ami Mr. Barron. The former at the last
dale, was 71 votes a head, and his election
was Considered certain.
Prince Leopold was shortly to depart for
Greece, of which he assumes the title of
Sovereign Prince. ,
i Accounts from Coifu state, that the or
der for the embai Ration of the French troops
from the Moreahad been countermanded, &.
preparations were making to furnish provi
sions for 6000 additional men. The English
squadron in that quarter was constantly
receiving re enforcements.
I A French expedition against Foul Point
in the island of Madagascar has been re
pulsed wi h. the loss of 30 men, including
the Commandant of the French settlement
at St. Maria.
Liverpool, Match 2.
A letter from Venice, dated the 16th of
January, states (hat great misery pievailed
there in consequence of the intensity of the
cold ; and many of the lower orders being
unable l»» obtain provisions, owing to thru
scarcity, had (tied from starvation.
Lord Killeen,'eldest son of Earl Fingal,
a Roman Catholic, vva. elected Member of
Parliament for the county of Meath, on
Monday week, without opposition.
I It is reported that Ministers have aban
doned the project for converting the 4 per
cent, stock in consequence of the unpopu
!aiity of the measure, and ihc want of sup
port in certain quarters.
It appears from a Parliamentary Return,
that the number of steam vessels employ
ed in (he United Kingdom, between Janua
ry 1828, mid January 1829, was 312 ; the
total tonnage of which was upwards of 30,-
000 tons, and the number of men employ
ed was 2731.
French Expedition against Algiers. I
By letters from the Mediterranean ports, ,
it would appear both that the expedition a T
gainst Algiers w.is in a rapid state of prfi
paiatnm, and that its force was to be more
considerable than at first contemplated.
One account estimates the amount of force
at 50,000 m*>ni the number of ships ol the*
line at 8, and of frigates at 16. By the
same account, the number of transports to
be engaged is stated at 300. The Consti
tutionnel mentions that the General-in-
Chief is to be General Guilleminot. The
army will be composed, it is said, of 40
battalions of infantry, and 6 squadrons <4
cavalry. The artillery will consist ul 100
batteiiiig cannon anil 40 field pieces.
Greece. The negotiations fur the final
settlement of the aff.irs of Greece have
been brought to a conclusion, by conferring
on Ptince Leopold the sovereignty of Greece,
with the title of Sovereign Pnnca.
Weimar, February 14.
This afternoon, at one o’clock, we had
the misfortune to lose by death the Dowager
Grand Duchess Louisa, at the age of 73
years and 15 days.
Berlin, February 8.
The oldest inhabitants cannot term mber
tto long a winter. For these 14 weeks we
have had uninterrup’ed frost, the cold be
ing constantly between 8 and 11, without
any indication of thaw.
Ccblkntz February 10. 1
We have jus’ received . fficial intelligence
that the town of Khens, two leagues from
(his city, is wholly under water. This af
ternoon, at five o’clock, the ice in the Mo
selle suddenly broke up, and drove with
(frightful violence against the ice in the
Rhine, which is still fast ; as the latter did
; not give way, the ice of the Moselle began
Ito rise and drove over it, carrying with it
several ships. ,(t even dtives up the Rhine,
and has destroyed several vessels.
London, F< bruary 28.
The Prince Leopold has, it is said, con
sented to accept the Sovereignty of Greece,
I under the terms proposed to him. AH the
arrangements are concluded between France
and E' gtand; and we believe that in this,
as well a- his former elevation, the Prince
ascends by the matrimonial ladder, and must
take his greatness ami a wife together.
France has been propitiated by the raising
lone of the daughters of the Duke of Orleans
to be a participator in the honours of a
Throne. What favor is conceded to Russia,
am! by wliat means tier consent has been
purchased, areas yet unknown. The mar
riage, it is presumed, will not take place
until the Prince assumes the throne, and his
[establishment is fixed.— Observer.
The brings intelligence that an
expedition was fitting out at Cadiz, for ano
ther attempt to re-coi quer Mexico. A line
of-batt!e ship, and three sixty-gun ♦rigales
.were preparing for sea; the land force is to
•[consist of 25,000. Several American ships!
[have been freighted to convey the troops to
' the Havana at ten dollars a head.
' [Falmouth Packet.
London; Msrch I.
f [From the Gaxetle dr, France ]
j Paris, Feb. 26.—His Eminence Cardinal
de Clermont Tonnerre died on Saturday af
fternoon, af'er three days’ illness.
> [From the Moniteur.~\
\ Madrid, Feb. 15.—The Hero, ship of the
■ line, which has just been 1 epaired at Ferrol,
i lias lately sailed for Cadiz, having on buaid
j'some hundreds of infantry, who are to be!
, sent to the Phillippine islands.
1': It is affirmed that a Royal, decree is going
’ to he published, is to restore not only
■> to liberty, but to their rank and employ- 1
- ments, about 300 individuals implicated in
; the insuircction in Catalonia, who are at
|present in the Presidios in Africa.
■i Smyrna, Jan. 5. M Ivanboff, formerly
■ Russian Consul General in Philadelphia; is
l lnow appointed Consul in this city. He Is
t at present in Moldavia, and will come hith-i
derby way of Constantinople. The insurrec
tion of the Zeybecks is now wholly sup
• pressed, and peace now prevails in our'
f neighbourhood. Had not such prompt mea-,
sures been taken to reduce these, moun
taineers to obedience, very unpleasant con-'
(Sequences might have been apprehended
, from a refractory spir it that was produced
by the oppression to which the people of
I‘Asia Minor are exposed by same new taxes,
• which, on account of the impoverished state
[of the exchequer, areKvied by the authoii
[ lies with the greatest rigour. ,
■ j Four English frigates have lately appear
ed in our harbour, and others are expected,
t This circumstance, and the prolongation of
[the stay of the French troops in the Morea,
[as Well us the probability ol their being in
fxreaacd, arc supposed to be connected with
1 the approaching introduction of a new form,
1 of Government into Greece.
.J Within the kat twelve months there have;
•[been 370 deaths iu Greenwich Hospital; du-[
ring the late severe weather the deaths ave-;
( raged two daily.
LIVERPOOL COTTON MARKET, j
1 Notwithstanding the very severe distress
which exists in the country, there appears!
to be great activity in some branches of
j business. The amount of exports from this!
port has of late beeu very large, ami the!
'[sales of Colton hast week amounted to the.
very unusual quantity of 29.000 bags. There 1
1 seems also to be great activity a! present in!
the woollen trade, and a very brisk demand i
for wool,
I he demand for Cotton is increasing, ow
ing to the favourable intelligence from Man
chester respecting goods and yarns ; the
purchase for the week, ending last night in
jclusive, consist of 3970 Surat at 3 3 8d tn
,’4t}.A —son ditto P. S. at Sd to 4 1-8.1—230
Bengal at 3 7 8d to 4sd,
Glasgow Market, Feb. 25.
There has been a good deal doing in Cot
ton for the last three days, although the
■buying has not been general, but confined to
■a few houses. The wet k’s sales aie about
ICOO bags, chit fly Boweds ; the reduction
noticed last week of l-8d per lb. is regained.
The transactions in Coffee and Rum are
still very light. For Britili Plantation Su
gar ihc sale has been lively, at the full rates
quoted, but no advance can bu obtained.
,5357 bags of Mauritius Sugar were offered
' to-day by aucion, of which only about 700
[were sold at 58s. 6J.
Extracts of Letters.
j “ Liverpool, March 1,
■j “Jn the early part of the past month the
> Cotton market was rather dull, and the
prices of Brazil fell l -8d to $d per lb. and
of the middle qualities of American !-8d;
the demand however soon revived, particu
larly for American, and continued brisk du
ring the last two weeks, occasioning a
gradual advance in prices. Our present
quotations are l-8d to s,l per lb. higher in
American, and l-8d per lb. lower in Brazil,
than on the Ist ult. In other descriptions
there is no alteration. The total sales were
-74 200 bags, of which 3000 American and
(500 Brazil were taken on speculation. 2500
I American and 1100 Brazil were forwarded
1 j into the country unsold.”
ij “March 2—This vessel has been detained
;hut there is no change of interest in the mar
ket r.incc we wrote you 27th ult. by her
1 The demand for Cotton Continues good j and
> the market firm. Yesterday about 3000
1 bags were sold, and there will probably be
1 as much done to-day.”
t Another Letter of the 2d March, says
, “the market yjiened firmly this morning,
and there is a prospect of a very large busi
ness being done to-day.”
Havre, March 4.
, Since writing you on the Ist inst. Up
' land cottons have expe.icnccd no change,
except that holders are more firm, owing to!
• the advices received from New York of the!
klsi Frb. and from your place of the 23d of!
' January stating that shipments to this place!
■ were likely to be suspended for some time. '
Ij Rice continues without variation.
v Sti.ee our last advices, belter
1 from Liverpool to the 25th February have'
. rendered our market more firm, and given
1 some activity to business. Here several
■ purchases have been made also at a slight
i advance which we hope will increase.
Philadelphia. April 1.-
‘| We have read General Harrison’s pam
phlet, contain tg his reply 10 cer ain char
ges which were made against him bv the
i Government of Ooiomi.is', The ma i u cb
jectof (he General is to shew that he did
inot interfere in the internal affairs of that
republic ; but it seems to us that what lie
,ha 3 here disclosed of his feelings, conversa
tions and connexions, warrant) d strong sus
picion on the part of the goven ment. Be
fore he entered the capital, he formed opin
ions “ not very favorable to the existing ru
ilers while acting minister, ha wrote a ve
ry earnest, copious letter to Bolivar, of
! counsel and exhortation ag iii;sl the design
'of establishing royalty ; but the letter waa
not sent until after he was superseded by
1 Mr. Moore, This epis'je is included in
jthe pamphlet. !u regard to t, the General
• remarks
| “ 1 might be considered as an intermed
dling, presumptuous man ; but 1 cared not
,for that. 1 determined Bolivar should find
that there was one person who had suffici
ent confidence in his magnanimity to lay
before hint plain, naked, undisguised truths,
deeply interesting to his country and to his
own tame.”
He adds— -
; “ I now regret, whatever blame I might
have incurred frem so doing, that I did not
send the letter when it was first written, as
it would have prevented the revolt in An
tioquia, ?s well as the revolution' in Vene
zuela.”-' "
! General Harrison acknowledges that-” he
knew of (he intended attempt of General
Cordova to ■ ver hrow (he authority of G* He
rat Bolivar,” and also, “ that there was a
design on foot, by another party, with 'he
expected aid of certain foreign powers, tu
keep (he authority at present exercised by
General Bolivar, permanently in his hands
cither with the title of Emperor, King, or
President for life, with a reversion to some
Burop'.n piince.” He expresses entire
confidence that the government of Colom
bia were .informed that the designs o! Gen
eral Coidova were communicated (o him,
and he asserts (hat they possess no further
jevidence (hat he was connected with Cor
,J"va, or afforded him the least countenance
|or assistance. In this pamphlet, the go
vernment of Colombia is represented as a
jvirtual despotism ; and the aimy and the
“ benighted and beniglifemn# monks” as
ithe sources of all the evils which afflict the
country. General Harrison thinks that if
> Bolivar should retain the command of the
army, the civil administration will be en
! fuelv the creature of his will—that Vene
izuela will not submit without a sanguinary
| smuggle that (he restoration of Colo in - .
biu will b<? ultimately accomplished, even
'in spite of the Liberator, if the freedom of
the press, (he trial by jury, and (he right to
meet to consult on their public affairs, should
be left to the People, wK» are “ brave, in -
tcliigcnt and honest.” Nat. Guz ,
Among the usages of the females of Afn
) ca. the. following in ruUtad by Iltciiftrd
i Lander, in his narrative of Clappertoa’s
I last expedition s
“ When an infant dies, the mother java-
Iriably wears, suspended from the neck, and
! reaching to the boom, a figure of a child,
about six inches in length, and of propor
tionable thickness, which is carved in wood,
and regaidcd by the people as a token of
mourning. This is worn for an indefinite
length of time, according to the inclination
or caprice of the bereaved parent ; end ma
ny women do not cast it aside until the ex
piration of six. eight, and even I£ months,
during which they chat to and caress the
wooden figure, as if it had been instinct
with life and motion, possessed of all the
playfulness and endearing manners which
distinguished their offspring when alive, and
cepubleof enjoying the effects of maternal
tenderness, 1 his singular custom is con
fined exclusively to Yariba.”
— 1
Newton Superior Court, March Term
1830. ’
Present his Hon. C. B. Sirong, Judge,
Camak, & Ragland, T , ~
• v »- | RULE NISI.
David Morrow, Sh’ft’ J
By this rule the sheriff is called upon to
shew cause, why he should not pay over
certain advertising fees, collected by him
on specified executions, which advi-rtiso
ments have been published m the Georgia
Journal at his special interest and request.
I tic Sheriff does not, in his return to the
rule, deny the justice of the plaintiffs’ de
mand ; but coiuemU that the curt not
having passed a general rule upon the sub
ject, has not the power to grant a rule cb
solute against him, By a statute of the
State, Sheriffs are required to give thirty
days notice in one of the public gazettes
cd this State, of all sales ot lands or other
property, executed by them. For twenty
years past, the courts have refused, that, as
the levy and advertisement is essentially
to the raising of the principal, interest, and
cost due on executions, not paid otherwise,
and as ah parties interested in the proceeds
thereof are benefited thereby, that these
tees shall be entitled to a preference even *
against 01.-ei executions. Ihe ailvrrtising
fees are thus collected as cost ; and surely
the Printer, who performs the labor, is en
titled to Ids reward. Where therefore, there
are no disputed facts, this court will pass
a rule requiring Sheriff’-, to pay aaid cost
accordingly. They collect the same by
virtue of the law and the process of court,
and have no right lo retain it from those to
whom it may be due. I, therefore, concur
with (he Judge of the Western district up
on this subject, and order the r«!» in this
case to be taken accordingly,
[Journal,