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Vuvfeign IntaUigfeiiCitt.
(Bt thk. Grorck Wilxinsor.)
LIVERPOOL. December 2,
Mi. Irving state* the unknown tongue
he the language of the ten tribes who wn
carried away by Saltnanencr, at the cap u
ol Samaria, and the det'ruction of the king
dom of Israel.- Pulpit
Starvation.— A sm'e prisoner si Smyrna
sentenced to die hunger in prison, was found
aliec wn y eig'itday* alter his incarcero
Mton. This unfortunate man, whose sen
l,eoce has been commuted, confessed that he
I nd prolonged hi# existence by a b >x of w,i
crs, which also con'ained a small piece ol
gum elastic and a morsel nf sealing wax.
After hiving lived tor some time by econom
iiing this >ubatitute for food, he began to cut
the miser-able pas e-board-b »x which con
tained those objects. Part of the li i of the
box was left unconsumed when he vas vis
ited. — Srench paper.
Imprisonment for IhhU— Died on the
S 5 n uli. id tUr Four Courts, Mai halsea,
Mr. Henry Williams, who was committed
tn that prison for 12s 9d. on the 18lh
of June 1815, (the nay the battle of Water-!
100 was tough ) On h same day, Mr W.l
Henry Nassau Sephe is obtained ms din-,
chaige, utter an impriso >ment of 111 ecu 1
years, four months and wenty-two days,;
and is only detained for the payment of fees
«luc to the gt dcr. We announced, *bout a
year since, the liberation ot Misa Di ley,
who Wi. g prisoner for thirty-three years,
having be n seventeen years detained for hey
fees.
COMMERCE WITH FRANCE,
W ■ under* ,nd thu die advances of the
British Government, inviting the considera
tion of the extension of commercial relation* 1
with England, have been met in the most
friendly gpiri. by the Ministers here. Ii
must noi be forgotten that the British I’ai - 1
Jiam ot look t >e li at st p towards a morej l
libe i. policy, by adopting h measure of 1
wtp h M . r I'homson (wuo is hero for the)'
p,> use of decn gaich as are compatible,'
wi h the gte. in res - * of both counties) '
was the au'bor, oam ly, he reilucing the
duties on F nci wi h-s Ir .tn T~. 6d, mi 5s
'3l. a gallon. I - is e.rnes ly l.i bo <1 sired;
that an alliance founded on the basis of mu
tual prosp my m y g w ir .d hese ueg"-
ti ii ns— Oaligtnmi's M ssenge.r.
J'nifH tat Vnrit Momleur oi .Vntt. £8
ine unique' of ue nor, a I. ■'*, was
JUbu iUed to the C .amber of Deputes >n
the 25 ii by the Piesident ol the Council,
y»n as e 1 recapitulating the r.ircuiiis anr s
of he cine, an far as then known, coticlud d
thus
• We have notlii■ g to ask from the
Chamber beyond that usual c iicurrencc
from which we require no specific manifes
tatv.ui, "xcepl in c .sos of orgrnt necessity.
1 is sufficient fur ua on the present ocgssioi j
to hiy b (on* you the r**al state of hings. to>
tru is ever the surest source f cow i.
Cu .fide in Hie Government, gentlemen, as
it Mk.’.s pi. asurr in confi ' ng >n joa —*(ap
pi«u-« ) I'he courage and wisd un of the na
ti, have achieved its liberty, aid the sain
CO age and wind mi will defend hat order,
w .mu which eV' O liberty I s.e't c as s t.
be a blessing.” O he 20 h die toll »wns
Addless U) tie SL.ug was agreed <o by the
Ch>mb r. £9* .18 I wai piesentod on
the evening at lies.in day.
ADDRESS
••Sir —We hav heard with gri*-f the
catmnu ican ,u from your M d •y ’ Mmis
vers rela ive io the lamentable distu>tunc *
which have ak mi place irt the cuy ot Lj -i s.
SVe admire the patriotic promplitud .Inch
h.> uumed the prince your son into die
in id*, of danger, to slop the shedding 1
French blond, which has unfortunately a'-
mm.lv commenced. We hasten iu express
the unammou* wishes of llm Deputies of
Fi ance dial your M ij**s y’a G cerumen'
should pu the laws into full force against
the>e deplorable excesses- IV tonal securi
ty has been violently attacked, order has
be >u disregarded, the lib’rly of indusliy
t\ .isced, and die voi- e of the Magistrate
toiady disregarded. I' is necesaury tha
th *»e dis'orders should at once be put a stop
to ov die most prompt measures, and ad
suco :iUi‘nip s repressed with th** most da
rdded eoeigy, The whole of France la
wounded by .» blow, aimed at the righ'« ol
ail, in the persons id i few of herci irens,
to whom she owe* the most sacred pro
tec ion.
“ I’iie measures tafien by your Majesty*!
Government gives ns confident hopes that a
very short period will elapse previously to
good order oetng restored. Tiv uisepara
bi** union between the National Guard and
the troops of the 1»u **. g.ves c > Udence to al
good crizo ,r • and yo ir M jes y may de
pend upon the co-oper ion ot the auihori
tie*. We are (nippy Sir, to offer to youi
Myjes >y, in the name oi Fiance, the united
«ffarts of her Deputies io re establish peace
wherever it may have been broken, to mot
ou h« germ* of the anarchy, to strengthen
thesacied pri iciple upon which rlepeods
the vory exist-mce ot society to Misintaio
me glpn iu- w.-rk of the revoiu ion ol July,
ftiul secur • cvciy vih'ro strengui to jus. ice
and respect for the laws.
“A.reed to in the public si’ting of 25t
Nov. 1851.
/‘resident ami Secretaries,
UIROD OKL* AIN,
G ANNE RUN,
FELIX REAL.
LUNIN Gill DA INK,
BUIriSY D’ANGLAS.”
-1 The King's Reply.
" Gentlemen—l he dis.srous circum
.nces which have taken place in the ci y
Lyons, have been a source of groat o
dfiiciou to me ; but nothing can.tend mon
■ alleviate this regret than Ih<' seniitnenti
woich the Chamber of Deputies have mam
j ested towards me, through your iustru
Imen'ality. The maintenance of legal or
• der is one of my first dudes, and I )bjerv>
. with a lively eatisf-rcMon that the u .atuninu
( Isontimenis of the Depu'ies of France an
!in accordance with my own to maintain h
instituted laws against these deplorabls ou
rages. Tne co-operation of ihe dilLren
powers of ‘he S ate, upon which I res’ ii
nuch a* yourselves, is the most effic ciou
means nf preserving their control and gtvt <
0 my government that power which is ne
cessary to reprrrss such a'teinp’s wi'h al
he.energy that France has a right to cx
poet,
The liernic bravery of the troop* of the
line, and of that part of ihe National Guard*
a' Lyons who assisted in putti' g d >wn ihe
rioters, merits the gratitude f Uieir court
try ; and it is with itifini’e pleasure I l ike
this opportunity ■ f expressing my feedings
(with regard to tlicir conduct.
•' I thank you for appreciating as y»u
jhave done the devotednesa of my son in iliia
sfT ir, and my most sincere desire is, that he
may accomplish the end of his mission,
ivhi. h I confi i.mtly expect, and that he. m .y
contribute in bringing back a misguided p -
pula'ion to a proper sense of their du yin
re establishing the au'hority of the law ,
and putting a stop to that effusion of F ench
blood wiMi winch my heau is so grievous!;
nffl-iCted.”
A similar address was presented by the
Ch niber of Pe-re having been ad pted un
animo'ial y---and r chived a •im'dar reply.
TURKBV RBVI.VUKABLE TEMPEST.
Willie some of or puoiic journals are
assuring their readers mat diere ha* been
mo storm on .he Bosphorus, a* previously
stated, we have received the following very
(interesting descriphun of it from a friend
who wo firs burnt ou’ from Per . *nd 'hen
exposed to its \ary,— London Li'. Oaz.
Extract of a L*ittr dated Oct. H. .
Ah .ui se.ven o’cKn kon the 6 October,
s we were preparing for our d‘ily excur
sion we. perceived a black cloud gathering
ver the • eigtihoring hills, and heard the
mu»teri gs of distant thunder. We. there
fore postponed our wdk, and watched the
larkness that wm ropi*ly overshadowing
he Bnaplisrus. Suddenly we were su>-
prised to see water boiling up ike a caul
dron in a particular spot ; and befo-e our
surmises were al an end something similar
• o a Urge pavi g stone fell into 'he st-a un
der our window, and was immediately lot
Lowed by inoMier Aftergaxmg at this lor
1 little time, we were »larK»<i ttf a v dev f
the s-me material against our windows,
i which, in a few mmnen s. sliat'e.red them
•into a thousand pieces. The work if de
• ♦ructiou was fairly commenced, and to a
vo>d die fragments of broken g'as , I rush
ed into the landing place Here, how ver,
mailers wn* wurae instead id better; the
root had been beaten in, and h uge ma*s s
f ic>* was reb unding from wh !| wall.
Torse immense balls continued falli g for
ab"m ten minu’es ; ihey then be cam „ra
. dually smaller, and he elemeu-ary r i l c» -
i eluded by a common hail-shower The
stones were of suffi u?nt weight ope fora •
the tiled roof like b: lets, a..<i left ii as foil
of holes as a cuUm-W, so thae (he rsr..
j which follow *, I cane pouting i t> a I th.
.rooms is it hrmigh a *eive. W* in asur
j d mativ ol thoso hail s once and found
"I h m o be five or six inches in diameter
k F ■ay were hard lumps nf pure solid ice
‘ some were round ; some angular, a<* if
number of smill pieces were cotigea'ed to
g- her ; w de others seemed to be .in by
«’S. like the various roa’S of an onion. Th
| heat oh ;he previmia ilay had been most op
pressive ; the therm.'meter stood a' 89 ant
during die storm i' fell to 66. Commodon
f Po'mw, th<* ambassador iro n the Unite'
‘viates was going hence to Const ntinople
in Ins ca>que, wi n pregen s the Bul'au
1 when he mi overtaken by this terrbl
|storm. IL afterwards declared, that h
'j had been in bst'les, earthquakes and dm
igers by sea and land, bu had never tie *
" 1 in such an awful situa'ion before. To us
I his own powerful expression, “ it #*med i
| if the canopy of heaven Wis cotigea'ed, am
’ bad suddenly bur*i open, it d deice uled ii
1 large masses of icc.” The hand of o -.p o
hi* boatmen was crushed to pieces. Ever
’ one in the caiqu- silently waited hi* loom
a for they expected nothing less nan dea'h
0 The cloud which carried his desiruc ini
: passed over Pera and Constantinople, an.
[ shat'ered all the houses which the recen
fires had spared.
SENTENCE FOR PUiSDNINT,
' Miller S ell, the biy who was convicte
* e at the prese t term of the Mnnicipa 1 Co U i
"f B s.on of poisoning Mr. Dmiol Noy n
| a" Apothecary of that city, with a-. iuM-n
0 kdl him, was senienceil by th- C u.t t
uft T solitary impnsonme i' so one day
ud to be confined to Kaid labor in the S at
• 'rison tor two year*.
c On passing this sentence, Jodge Thatch
1 made the following remarks :
The objact of al! punishment, by huimi
ribuosl, is twofold—to ac‘ upon the off n
ler, and is bring him, d poss.b'e, to a bo
er mind ; and, to deter others, by his suf
teringg, from committing a like off nee.
The law punishes g at crimes with sc
verity ; rot because i delights t » jnflio
suffering but because humanity, as well *i
justice, require* that the community should
i he protected from 'heir recu er*ce.
y We should fail in the perlonnauce of the
ddu v which owe to society, it, from en
ti| *r compassion-to the youth <f an imliridu
ta at, or from some sympa’hy t*> highly res
t peeled parents and trie ids, who will pro
i- bably fe-l and suffer mar- exquisitely for
r - bun th ti he d >es for himself, we should in
•• fl.m so slig-i a punieument far an enormous
is off-nce, so that fh<* law should lose i s ter
■e ror, amt that others, would be tempted to
i- commit s I ke i-ff-uce, who miy have it in
- their power so tO (l».
it Oi ad crimes, none indicates malice more
is 'strongly, than to attempt to destroy life
tslhv poison. It produces in its na'tire a hor
gjrible ilentn, ind non-, can guard themselves
s-lagainst it “ hv manhood or foresigh ”
II; T !i 3 circumstances which marked the
: {commission of this offence, indicated deli
jberation on the part of the unhappy youth
Cjat the II r, and a determination bv him to
si effect his foil purposes, il wis of com
ejpeirnt geuoi! discretion had b’-m well!
educated, a r d was of sufficient experience;
e in drugs to k mw that he was preparing fori
s Mr. Noyes and his familj a poisonous sub
Is'H'ice, vWiich was used ♦•» destroy life. He
u had columned a fault, for wiiich Mr. N >yes
5 had threatened to dismiss him from-his set-1
e vice, and :« send him lo his pareois, and
, he had expres»cd great dread of returning,
y home under such cncums'snces. H.s mis
- conduct was known lo (he members us -thej
:i family of Mr. Noyes, with whoin he regid
, ed. While in this condition, he conceived
i a horrid design of putting A'semc into the
, food which was lo be prepared for dinner
so, the famity which consis’ed of oineindi
a viduals, intending, as he said, to mike diem
- auk, bm not to destroy iheir lives, and s >,
(during th'-ir sickness, and in the confusion
{incident to any such » scene, to return home,
, without carrying any letter or other tes i j
, monial of his bad conduct.
I He sprinkled (he poison upon the food at 1
i nine o’clock in the morning ; returned home i
I again at twelve and added to the quantity, }
, and gave notice that he should not come *
back to dinner. He used enough to have
|int*vi ably destroyed all their lives, and he I
! would have effected 'hi* pm pose, had no*
* I powerful remedies been instantly used, and 1
’ 'happily with success, to prevent u fa'al re
suit. H«d dea h ensued it would hive i
been murder H could not have escaped,
"'the consequence of the deed, by saying i at
’ he intended only to make the f roily sick,
’ but not to des'r.iy their lives If he did '
the thing voluntarily and delib-rafety, andj
wnh the intent to any mischief, it was dimed
1 malicious.y, and he is answerable in aw 1
l«'
for the n rural and necessary c.e»
of the act. 1
I wish thfc' - f citi'd impute it to accident, 1
j. t<> want of discretion, to any thing rather 1
1 iha i to malice, and not only the v 'diet of
'* the jury, but the circumstance of the case
" convince* .rw, that the. defendant perpetrat
ed 'his deed with such deliberate malice, as
that he is a suitab e object of punishment.
I h ive slriv-n to find such .circumstances
’ of inidgstion, as wou:d au hornse me to sus
p peml the sentence, and to consent to senr!
* the deferidant to the House of Reformation
‘ fur Juvenile ffend p s. Bu* that House was
r ml prepared for such an offender as this.
I is ra he a school than a prison, the ex
cellent m » er having power to restrain the
e inmates, and o res rt to such severe appli-,
ration*, as will subdue the vicious and ob
-1 sunarc. ,
If he should be sent to that place, it
would not, I f -ar, be regarded ky die com-j
muni'y, and especially by die young as a
* ounishment. To send him home to his
f iends without punishment would he a grea
» refle'-tion on the justice of the law : Per
bans it i* owing io his expectation that this
' would be the result that he ha> diicovered
'' lit'le or no 82 'iibtlity during the course of
1 hese proceedings.
’ Neither in our Jail, nor in the H use of
' 0 nrec ion, are there separate cell, or the
l ’ oeans of classifying the i- mates, or suits
'' hie provision fur their moral and religious
p iQS'ruc ion.
'• 1 must send him to the S'ate P'ison, be
*' cause he hit c mmitted this great crime
u a >d that others m ,y be deterred from a like
* act. Ho will b kep gepara'e from all odi
1j er convi ■# and at some suitab e empioy
men'. H • will be favored with the Chris
'*itian instructions of a wise and benevolent
Chaplain ; v d under the kind and vigilant
eye of th W rd n, nothing will be omitted
’ ■‘o bring him to a ealutary tense of his early
y gUr,;, a>d to encourage his vinuous tflfirls
» yet , become a good man, Il is n"t too
late. M y all others take warning by Ins fate.
' Ni w-York January 20.
nt LATEST FitOvl FRANCE
By" allv■, I a New-Yo' k, of the pack
,et ship Charles Carroll . Q p>. Clarke, from
H'vre we h-ve received our regulat li es id
'd Ti ls papers to the Sod> N.>verab°i and from
rt Havre io the Us D cember. They con r aio
s, bu' little intelligence of interest additional
ot t that previously received. The Repir
h> o' (he Paris Stock Exchange, nf the latest
v, d es Sates that th violent flue umions of
le tn. last 'wo days had been succeeded by an
jdm »; total calm. "No reports of any
i- com qmnee were current on tile Exchange,
sod though the business alone during ihi*
0 d y was not very considerable, (he feelings
»• -t the spectating appeared rather favorable
han o h p rwi-n‘-” A f.-l -graphic despatch
1 I the 27th oi November from Lyons, slates
hat traoq itlli- , continued, and die Prefect
hoped tlia ord r would be gcadua ty and
;t wholly ie»tored, Tne shops hive ben re
in opened, ami ihestiical ami olher public a
i MU'eaents reuamaenced. The accounts
from all the departments were said to con
> liuue to be perfecly satisfactory.
Toe Mesiager dts Chumb es considers
that the serious riots and disturbances at
■ Lyons will serve the purpose of proving the
stability of the G iverninem —Surety, says
: tha paper, a government must have gained
. a strong hold on the wishes, the interests
» and hobi'H of a country, when a commotion
so sud ien and so violent is found to in
> spire no u her sentiment throughout the
r land, than a desi e to preserve and strength
en it, and when its euinaies themselves in
3 vai i endeavors *o avoid themselves us the
* insurrection of a few misguided men. Lt
.Monileur comments on the disturbances at
t Lyons in the same tone with the Messager.
1 A treatise on the cholera by General
■ |Nunziatc, had been published at Niples.
According to his theory, the disease is com
municated by invisable animalcu'se, and
i burned sulpher is stated to be the most ef
fectual remedy.
FRANCE.
Paris Nov 29-
Two o’clock P. M. —Tne Precurseur de
Lyon of the 26 h inst. states that evetv
thing continued perfectly quiet in (hat city.
Several additional Proclamations were post
|ed on die 25-h. That issued by die Prefect
contains a copy of a letter addressed to him
by Gen. Roguet, reiterating the assurance
|that no mid ary measures are contemplated
!against the city. The other Proclamations
are m -rely recommendatory of industry and
order. The Precurseur pronounces the
highest eulogiums on the Prefect, and says
that his dismissal would he the must unpopu-i
iar measure which the Government could;
posdbly adopt. The same journal states, 1
that the sum advanced by the Municipal
C uncil for the immedia’e relief of the dis
tressed ari-sans was 100,000 francs and not!
' 1 53 000, as previously * aied ; and adds that
(the Council had determined not to continue 1
the subscription commenced, bu lo replace
it by a loan io be contracted by the city, and
afterwards provided for by a new tax to be
specially imposed on the weallhy classes.
M de Danas, forme ly a Vendean Chief,
has been arrested at Vi lelianche, on his,
way to Lyons and conveyed to the headi
quai era of General II guot. The Journal
ties Dtbats states hat a government courier,!
arnved last ni 'ht, it brought the intelligence
of the artisans having sent a deputation to]
Gen. Roguet requesting him to allow a’
garris n to re enter Lyons? to which he
had replied, that before he could assent to
their request, r hey in st give more explicit
■guarantees of the authenticity of their man
date and the solid; y of their engagemcnls ;
and that, at any rate, he should always re
serve to himself the right of taking the most
energetic means of repressing any fu ure
dis-urbances which might lake place.—The
Moniteur of this morning, however, gives
none of these particulars respecting >he
interviews ; bu;, after co firming th; arrival
of the P mce Royal and the Minister of
War at T'evous a.id statin- that hey were
met by Gen. Roguet, merely adds that a
deputation, consisting of the Dipu .y Mayor,
w. h three other p sons had been received
by the Prince and Marshal. It also slates
hat the. Government received in the c 'Urstj
• f yes eKiay a letter from the Prefect of the
Rhone, dated die 26th inst. announcing that
tranquility still prevailed at Lyons, and that
t a gre„it many of the workmen had relumed
to their employments. Last night, Messrs,
j Gamier and Cazeoove arrived at Paris as a
deputation tram Lyons, They were receiv:
ed by the President of the Council. They
i came to solicit relief for a part nf the popu
i lanon, and slated that the authority of he
law should be re-established. The accounts
ft on all the other departments continue to
j be perfectly satisf.ctoiy.
I The Constiiu.i >nel ays— {, A letter from
t Geneva, dated the 25ta nst state* t iai the
National Guards f the Arrondisemenls of
f Gex and Naotau had risen in a ma*s to
. mamh to Lyons, Forty thousand cart
.! ridges had i,ocii sent funn die fort at i’Kc
j luse. lo the troops assembled at Mesimieux
'end at the Castle of L« Panne. For sev
Jeral weeks the people of Geneva have been
’expecting a movement of the Carlis.s ai
j Lyons, and in the South. A great number
.. of suspected p'-raons who took refuge in
.{Switzerland after the revolu ion of July,
have resum-d the cross of St, Louis and the
t| white riband, and >ake no pains to conceal
tdheir criminal hopes.—The French authori-
J ties in die frontier departments have receiv
y ed reiterated information of plots formed by
8 the Carlists m the west of Switzerlaod, but
o have treated them with contempt.”
FASHIONS FOR DECEMBER.
Dinner Dress. A dress c mpased of
gold colored g os de Tours ; the corsage
cm low; ii is plain behind but disposed a
n cross die front in a Grecian drapery.—Sin
s gle bouffhat sle-ve, of the material of the
0 dress, over which is a long one of plain
u white blond ; it is of the demi imbecille
1 shape; pelerine fi-.hut of blond lace; the
bouquets hig .'y raised, and very rich, are
i placed horizontally at some distance from
Teach n*her, and in ersecteJ by white sa in
)} rouleaux disposed in sharp points.—lt is
r trimmed round the top with blond lace in a
, very novel style; and an as to display the
* whole - of the throat. The ends are point
i ed ; they cross upon the bosom, and fasten
- on the point at die bick of the waist by a
i rose'te si niiar to *he net k knot, which is of
< gauze nbb n io correspond with the dress,]
The head dreg, i S 0 f velvet beret ; the co-!
1 lour, a rich shade of velvet. The brim ve -
■ ry short at th -ears, bat unusually 'eep, u
oraaiPifjicd od th« iosido wun cuques of
$ white gauze ribbon. A bouquet of liv* V
- white ostrich feathers ado-ne the crown » I
the/ droop in different directions over th'
s brim. Earrings and bracelets, dead go'd' jtf
t Carriage Urea A gross de NapTti*
» dress; the colour the dai kest shade of avert “vva
i turine ; the corsage, made up to the throat,
! is ornauieuted with a tappel di«, .. ‘
s arnazone ; the sleeves are on gigot ~t
i posed at the lower part in three I <■ !.*.>
- one above another. Three ruieau- i!t
s lor adorn the border 5 they are , luce" -• 9
-some distance from each other the Ivgh
-1 est does not reach above the kne
ide parnassee satin bonnet, over a a ■
5 ‘tig cap. The inside of the btim is trimmed $
1 with blond lace, intermixed with ends of
, cut ribbon is placed near the top of the ,
1 crown. Toe mantle is composed of ieps
. Africain; the ground is terre d’Egvpto co
- lour, printed in rosaces of blight g.een and H
1 rose colour ; it is wadded and lined with i
* g re? n gross de Naples, rather !ea* ample
thau they were last year, with a very large
square pelerine, and a moderate sized col
lar, the latter in the style of a gentleman’s
« coat. The colleretta iu a very full ruche
rot full which stands up round the throat.
. La Belle dssemblee.
, Reported for the Journal df Commerce,
IMPORTANT BANK CASK.
SUPERIOR COURT.
Solomon Allen & Moses Allen, vj. the
1 Merchants Bank.
This was an action brought by the plain
1 I‘fts to recover of the March mts Bauk the a
-1 mount of a bill of Exchange, and costs of a I
i former suit against the endorser of the bill, t
|Under the following circumstances. On the
1 26th of June, 18S(j, I* rancis J. Spooner, ot
1 this city, drew a bill of Exchange on Messrs,
|B tiler and Baker, of Philadelphia, lor six
(hundred dollars, payable five daysi after
.dale. Mr. Spooner delivered the bill to a
broker in Wall street, who sold it to the t|
Messrs. Aliens, the broker endorsed it wMi
the initials of his name. The Messrs. Allens
lodged the bill in the Merchants K.mk for
collection, on the day of its date. The
Bv.k transmitted it to the Philadelphia
, B .nk. in Philadelphia, who received it on
{the 281 hos June, and handed it over to it
I notary, to present for acceptance. The nu
jtary on tha day presented the bill to Messrs,
B dler and Biker, who refused toaccept.it,
1 The notary noted the non-acceptance on
1 the bill, ami returned it to the Philadel
phia Bmk, but did not give no,ice o( such,
1 non acceptance to any of the patties named
in the bill. When the bill arrived at ma
turity, the notary presented it for payment,
1 which being refused it was protested, and
notices sent to the cashier of the Merchants
Bink, who gave them to the endorsers. The I
! maker having in the mean time failed, the
1 Allens called upon the endorser fur par- L
> men:. Tnis heiefused to do, on the ground
J thar he had received no notice of the non-
I acceptance of the bill. A suit was accord-
I ingly ms iluted in the Superior Court a
-1 gainst the endorser to recover the amount. J
I The notary endeavoured to excuse his omis- i
- 9,0 n g"e notice of non-acceptance, on
1 the ground that there was r custom prevail
ing in Philadelphia not to protest, and give
:nouce of non-acceptance of bills of the char
* actor of his. The Court, after an elaborate
1 investigation, held that the Saw of the place
j where the bill was drawn must g iven ; and
I >har the laws of New-York it being nece»*
° sary in order to hold the endorser, to noti
-1 fy him of the non-aceeptance of the bill, and
this not having been done, the endorser was
1 in consequence of such neglect discharged,
Ihe present suit was against the Bank to
* recover the damages, See. caused by such
s n g'ect.
3 loe plaintiffs claimed to recover, on tho
ground that the Bank was liable for the act*
1 of ’he agents it employed abroad, and that
! jtt was he practice and understanding a
i m uig Bankers, broken and Merchants, in
mile Cry of New York, that whe dank
received a bill for collection, paya on! e«
ihe city, it undertook, not »nly to .ng,
i (he bill but to duly protest a- and ve
tice to the parties »o it. fVilliar.
3 If alter Bicker, Lebbew Chap mi
' Ham Currie James M Gould. , c *
1 I racy, Charles t)akley, and Lockwood
3 Reforest, witnesses on the part of rh»* plain
. tiftj. iesnfi d that they always understood,
e and believed the practice and understand-
I mg to be, that when a Bank received a bill
-for collection, payable out ol the city, th«
Bulk undertook, that only to transmit it,
7 but duly to protest it and give notice to tha
t endorsers.
On (lie part of (he defendants, Charlet
fe Ukes Walter Mead S, Flewelting, 0 Jf.
Worth end George Newbold, testified 1 hat
if it any such practice, or understanding ex
e isted it was unknown to (hem ; and that
. so far as they know, the Banks considered
. their duty by transmitting hills to a compe
e 'ent agent, m Bank, to do Hie business.
1 The Chnd Jus’ice charged the Jury (haj
e ihe or ‘ly question raised for their decision
s v/he 1 her such a practice or understand- -
ijmg eiis’cd, as was contended for by the
, Plaintiff. '
1 The Jury came into Court with a general
* verdict in favour of the plaintiffs, subjec (a
1 the points of law reserved. They alsr"
‘ r °\ ind ‘nut it was the practice in this citv
■ wisest a Bank received a bill payable out of
1 'he city, for collection us this was. to Irani
-1 out the same for acceptance and payment,
t ana 1J not accepted or paid, duly to protest
t lf * e titm to give notice to the endorsers.
1 Counsel for Plaintiff*, H E. Davies, and
■I A. F iot,
1 For Defendants, fl. Emmett, A. B*v.
f »od Wood. ■