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T&ffi MEAtm ABCBBUM ANB AGRICULTURAL A AII MERCANTILE OTELLIGE^CER. f* i* itiled and published on Faestfays and Fridays., by illarmadukc /. Slade, at Five Hollars per annum, payable in advance . VOL. I. Georgia, Houston Comity. rPHIS ImlentuiP, made this 27th of April, iuth'e 1- year of our Lord 1830, between James G. Parks of the county and state aforesaid, of the one part, and Joint Fletcher, of'the county of Jones and state aforesaid, of the other part, witnesseth: — That the said James G. Parks did on the fifth day of February 1830, make, and deliver to the said John Fletcher his two certain promissory notes, subscribed with his own proper hand, and bearing date the said fifth day of February, 1830, by one of which said notes, the said James G. Parks pro mised to pay the said John Fletcheror bearer, the sum of twenty-one hundred and sixty dollars, on or before the twenty-fifth day of December next ensuing the date hereof, for value received : And by the other of said notes, the said James G. Parks promised to pay the said John Fletcher or bearer, the sum of twenty-one hundred and fifty five dollars on or before the 25th of December 1831, for valnefeceived: And also that the said James G. Parks is indebted to the said John Fletcher in the just sum of five hundred dollars by open account, for goods, wares and merchandize, sold and deli vered to him by said Fletcher, and for money lent and advanced to him. by said Fletcher, and for money had and received by him the said James G. Parks for the use of said John Fletcher. Now, for and in consideration of the sum of five dollars, by the said John Fletcher to the said James G. Parks in hand paid, the receipt whereof is hereby acknowledged, as well as for the better securing the payment of the aforesaid two promissory notes and the said open account, the said James G. Parks hath granted, bargained and sold, and doth by these presents grant, bargain and sell unto the said John Fletcher, his heirs and assigns, all that lot or tract of land, lying and beingin the fifteenth district of said county of Houston, and known and distinguished in said fifteenth district of Houston count}', by number two hundred and three, toge ther with all and singular the growing crop of corn, cotton and sugar cane thereon, consisting of •sixty acres of corn, eighty-five acres of cotton, and one acre and a half of sugar canc, three negroes, Judah a woman about forty years of ago, Charles a hoy (Judah’s child) about ten years of age, John a boy (Judah’s child) about seven years of age, three head of horses, two sorrels bought of Chappel & Holcomb of North-Carolina, one a chesnut sorrel bought of William Cole, one road waggon, one ox-cart, one yoke of led steers, fif teen head of stock cattle marked with a crop and split in each ear, forty head of stock hogs mark ed with a crop and split in each ear, four beds, bed-steads and furniture, one dozen chairs, four ploughs and plough gear, five axes and six weed ing hoes, and the remainder of a stock of goods, consisting of cloths, calicoes, muslins, hats, shoes, spirituous liquors, and other articles of merchan dize, amounting to two thousand dollars or there abouts —To have and to hold said bargained pro perty to the said John Fletcher, hi.; heirs and as signs, to his and their own proper use, benefit and behoof forever: And the said James G. Parks for himself, his heirs, executors and administrators, the said bargained property unto the said John Fletcher will warrant and forever defend against the claim of himself and his heirs, and again"! the claim of all other persons whatever: Provided ne vertheless, that if the said James G. Parks, his heirs, executors and administrators, shall, and do well and truly pay or cause to be paid unto the said John Fletcher, his heirs and assigns the afore mentioned notes and account, (amounting inclu sive to the sum of forty-eight hundred and fifteen dollars,) on the days and times mentioned and appointed for the payment thereof in the said pro missory notes mentioned, with lawful interest for the same according to the tenor of said notes, then and from thenceforth, as weii this present indenture, and the right to the property thereby conveyed as to the said promissory nates and the said open account will ccasc, determine and be void 'to all intents and purposes: And the said John Fletcher doth hereby covenant and agree to and with the said James G. Parks that he the said John Fletcher will not foreclose this mort gage before the first day ef January in the year 1832, and that ho the said John Fletcher will permit the said James G. Parks and family to re main in the houses now occupied by them, and out of the profits and income of the property here by conveyed, the said James G. Parks and fami ly arc to be supported until the said first day off January eighteen hundred and thirty-two: Provi ded, that the said James G. Parks is not to exer cise any controul or management whatever over any of the said property In reinbefore conveyed, but the same is to remain in the possession and under the controul of the said John Fletcher, who is to conduct and manage the same to the best advantage and to apply the incomes and profits, other than what shall bo necessary to support said Parks and his family as aforesaid, to the payment of said promissory notes and the said account, and after paying oil' the said notes and account, if there should be any of the aforemen tioned property remaining, then the said John Fletcher ia to return the same to the said James G. Parks, his heirs or lawful representatives. In testimony whereof, the said James G. Parks hath hereunto set his hand mid seal, the day and year first before written. Signed, JAMES G. PARKS, (L.S.) Simied, sealed and delivered in presence o! ) WILLIAM MIZELL, C ROBERT PE ACOCK, J.P. 3 Ccargia, Houston County. Personally appeared before me, \\ esley W il-, limns, who being duly sworn, deposeth and saith, that he as agent for John Fletcher, was in pos session of a ‘mortgage executed by James G. Parks to said John Fletcher,ot".vhieh l\e believes the instrument hereunto attached is a true copy, and that said mortgage has been lost, mislaid or destroyed, so that he cannot find it. Ibis Ist 4uly, 183d. WESLEY WILLIAMS. Sworn to and subscribed before ) ROBERT PEACOCK, J. P. S (Sc orgl3...llcuston County. Personally appeared before me, Vi iJima Mi* sell, who being duly sworn depoeetli arid saMn, that, ho was a subscribing witness with hooert Peacock, Esq. to a mortgage executed by Joi/ms G. Parks to John Fletcher, and that the inst.ai ruent hereunto attached is a true copy thereof m form and substance, so far as his recollection serves him. This Ist day July, 1830. WM. MIZELL. Sworn to and subscribed before me, 7 ROBERT PEACOCK, J. P. i In Houston Superior Court, Oetotorr mtjouiu* fil Term* 1830. John Fletcher The representatives, heirs and creditors oil James G. Parks,dec. late of Houston <'minty. J IT appearing to the Court, on the petition ot John Fletcher, that bo by his agent W <sley W illiams, was in the possession of an original deed of mortgage, which had been duly executed by the said James G. Parks in his life time, of which original mortgage deed the annexed is a copy in substance, and that the said original has been lost, mislaid or destroyed so that it cannot be tuund. It is therefore, on motion, ordered, that the representatives, heirs and creditors of said James G. Parks, deceased, show cause at the next term of this Court, why the annexed copy should not be established in lieu of the said original deed of mortgage, which has been lost, mislaid or de stroyed as aforesaid: And that this rule be pub lished for the space of three months previous to the next term of this Court. GEORGIA, ) I, Edward Welch, Clerk of Houston County, y the Superior Court of said County, do hereby certify, that the above and foregoing is a true extract taken from the minutes of said Court. EDW’D WELCH, Cl’k. dust Received, at Family grocery A* confection/: '/, A N additional supply of the different article .i 1 v his line, among which, are Offl Madeira Lemons Claret , Figs Port Prunes Sherry 3WiIIC. Almonds Champaigne Olives Muscatel and Capers Malaga J Citron Claret Isabel-Y Filberts la and [Domestic Fruits in Brandy Georgia Ma- ( WINES Raisins deira J Sugar Plumbs BSS-" 4 ***-* oSvToil Holland Gin Table Salt Irish Whiskey Loaf& Lump Sugar Jamaica and > p Sperm Cadies St. Croix j turn. SaeapagosPecauh Cordials and Syrups Pecan, Brazil, (_ bj Smoked Beef and Cheese Madeira, and • 5- Sugar toys, cake,&c Hickory J And most other articles in the Confeetiionary line. Constantly on hand , Spanish Sc gars, Sk best Tobacco. The above Goods are fresh, and will be sold at the lowest Augusta wholesale prices. April 18 I-tf "saASvfjiY j js 9 JWutr the Tou-n Hall, At the slajn of the Harp tad Eaji-. mm® vmm 9 [PROPRIETOR of this establishment take? ’he . usual mode of informing his patrons and the public, that he has completed his arrangements for their accommodation, which comprise; n en tire suit of rooms, (including elegant sej: he a partments for select part* , withftre placer, -,:c.) He has erected a Cook House on an improved plan, which will be allways supplied with hie must savoury eatables that can be procure a here or elsewhere, including Hot Steaks, Cutlets, Chops, Boiled Fowl", Stewed, Eggs, Fried & C Oysters. Soused Salmon, Plain j Shrimps, Tongues With good C h. c, Venison, " &c. &x. His Confectionary and E? ir Are well stocked with a selection of ch..:co Wines, French 7 Holland Gin, And eld h Brandy. Jamaica & 5 n Peach 3 St. Croix $ Rum Fruits, Cheese, Genuine Cordials Conserve?, &c. All of which he submits to the judgment of his friends, to whom he returns si uet.ro thanks for their liberal patronage. April 16 Ltd Clinton Motel* THE undersigned returns his thanks to his friends and the public, for the liberal patron awe he has received since Iris'comm * on! in this place. He takes this method to •ioh a con tinuance of that patronage, and rassurvkis frit a that his utmost exertions will be used ’at' _■ ac commodation of those who may call upon him. The large and commodic s i.Uti.uns n.: •t> this establishment, {has enabled the undersigned to make his guests more comfortable. V. -th con venient pasturage and a fine vegetable garden; the same attentive ostler and house server.:.--; a splen did bar; with an experience of m ;re than seven years in this business at this estai-.'Chmont, com bined with his personal attention, ho fiata rs him self that he will be enabled to continue to give satisfaction to all those who may fever him with a call. JOHN CARTER. C 1 i nton, Ga. April 18 1-tf Candles, on Consignment, BOXES Tallow Candles, on Consignment, ill * just received, and for sale by R. B. WASHINGTON. April 15 1~8 .lionet)! .Honey!! .Honey!! In abundance in Market* To owners in Gold Alines, Plantations, ■ and other properly. rrillE subscriber begs leave to inform his faiends iff and the public, that he is daily visited by ca pitalists, whose funds are great and who arc desi rous and anxious of purchasing vvholes or shares of properties, —improved or unimproved—who | wish to become proprietors or partners of Gold Mining Companies —or would loan and invest mo uey at reasonable interest, satisfactorily secured— would invest and advance their money in any way, provided they were secured and satisfied of reali zing a fair and reasonable interest tor thesarrtc Therefore, those who wish to sell or mortgage property, or get cash partners, will do well to ap ply to the subscriber per mail, forwarding every necessary information and instruction, accompa nied with an advance retaining office fee of ©5 or *10 —Postage ineverv instance to be paid. . ° GKO. W. EVER ITT, Real Estate, Brokers', Attorneys' and General agent , so. :u, South, Fourth Street, Philadelphia. Eeb. 16 DAw Of every description. it. ssAiiiJhi r /f. ,//>r jfcc/'V'rfcrr MACON : FRIDAY, APRIL 22, 1831. “These are counsellors “That feelingly persuade me what I am.” LAW OF INSURANCE. Mercantile law has for its object the inter ests oT a widely extended community : trade, in some of its incidents or effects tnay con cern every individual, whatever are his pur suit? ; and in its immediate exercise it com prehends a numerous class in every coun try. Its principles and practices are not pe culiar to the commerce of a single nation, but are in their essential features the same in all: they bring into close and intimate rela tionship the inhabitants of the various sec, tions of the globe: they increase the com forts of life, refine the manners, and enlarge the sphere of human knowledge. What would be the condition of any single country if it were denied a participation in the im provements and discoveries of others? What may not its condition become when by the aid of commerce it can appropriate to itself the advantages of all ? The rules which gov ern an intercourse so universal, cannot fail to possess the deepest interest and the high est importance: they boast too a clearness and simplicity compared with those of any other system, as remarkable as their value is unquestionable. Many of the depart ments of legal science are filled with doc trines abstruse and complicated, and the ap plication of them to practical purposes is eftenembarrassing and difficult: but com mercial law has few, if any mysteries; its comprehension is comparatively easy, and its uses are direct and obvious. Founded in rea son, and designed for daily and universal practice, its subjects require but the exercise of sound sense to comprehend them. Pro moting the honest purposes of an honest call ing, its rules are easily obeyed by conform ing to the dictates of integrity and good faith. A clear head, an upright heart, and an untir ing hand can scarcely fail to ens ure'eminenco and respectability, if not uniform success in trade. The subject of the few practical remarks now to be offered, is especially entitled to the commendation which is with great sincerity bestowed upon the system of mercantile law in general. It calls for the exercise of the purest integrity; it requires for its due and useful applications certain degree of know ledge; and it tends to those inquiries and uat tainments which are profitable in every de partment of mercantile life: wc allude to the subject of Marine Insurances. More modern than most of the branches even of commercial law, insurance may be considered entirely free from the arbitrary rules which continue to find a place in many other systems, when the origin and the rea o:i of them arc no longer discernible. The r pid advances which have been made in the science of geography, the extensive improve ments in commerce and navigation, and the various advantages vvhicfi have been the re sult, have kept pace for the most part with the practice of dividing the chances of disas trous expeditions with collections of indi viduals whose united resources are competent to sustain them. It is difficult indeed to un derstand how commerce could at any time have subsisted at all without insurance.— Few would he so rash as to incur the expen ses of a hazardous adventure if in the event of failure the entire loss were to fall upon m’selves: fewer still would have the means to repeat their ill judged boldness. It is a principle of fair and just calculation that a trader should insure. In the estimate o: expenditures the charge for insurance is a J correct and reasonable item. Were the re- j suit to depend merely upon obvious or ordi nary contingencies, which it would be possi ble for circumspection and care to avert, the prudent merchant might build his adven tures upon his own foresight, and rely for his protection on the event: but caution and sound judgment are not always earnests of a successful voyage : they arc sufficient for or dinary perils, and such, according to the principles of the law, the insured continues to bear. There are, however, extraordinary dangers incident to the ocean, which it is im possible always to avert: storms and tempests are stronger than the best found ship: pirates j and thieves, and even the caprice of the ofli-; cci*. of a foreign government may defeat the , wisest expedition : the most skillful mariner is always in the hands of providence. To meet these and the like contingences is the object of insurance. Instead of individual resources, which would inevitably sink under the burthen, monied, or joint stock institutions or associ ations cxiM in every community, whose accu mulated moans enable them to meet without suffering the accidents of trade; while the multiplication of premiums supplies a fund ) for occasional losses, and generally even a j surplus beyond them. They have all the i advantage of combination without the evil of monopoly : they even neutralize in times of prosperous commerce, the very expenses of insuring, as the returns in the shape of divi dends from well conducted offices may be looked to as an equivalent for the premiums paid. But they are particularly ben fiejfim cultivating and encouraging a lau dable spirit of enterprise, w hich is the life of commerce. If a well planned voyage re alize the expectations of the adventurous merchant, and his schemes are crowned_with merited success, the golden harvest is his own : if his expedition end in disappointment he experiences tfio consolation that it is without loss, and he receives an indemnity which enables him to spread his sails anew with the advantages of experience and reno vated hope. The spirit of commerce is thus kept per petually alive, and perpetually in action: a spirit which lias contributed more than any other cause to the greatness of those nations which in ancient and in modern times have been distinguished for political influence in proportion to their commercial enterprise and resources: a spirit which animated the Dutch merchant, who declared to Prince Maurice that if any advantageous trade could be carried on with the infernal regions, he would run the risk of burning his sails. The true object of this contract is indem nity : it is misapprehended and abused when it is perverted to purposes of gaming or of gain; neither the one nor the other is its lawful end: nor is either consistent with the principle which makes it a part of regular and enterprising trade. So far from being an aid to commerce when thus misused, it becomes its dangerous enemy. If one indi vidual can stand by and see his neighbor plan and execute a difficult voyage, and then without risk of property or effort of ingenui ty or industry, himself speculate or wager on the result, the diligent and skillful are less likely to prosper than the idle and unwise,— But like every other species of gambling, it will be found for the most part to be unprof itable in the end. Fortune may sometimes bestow her smiles on the undeserving, but a prosperity unworthily acquired is the most readily lost. The policy of almost every code has discountenanced insurances except on interest: they are expressly prohibited by the ordinances of France, and most of the commercial nations of Europe. In England, il they were not bad at common law, (and it is by no means clear that they were not,* for lord Mansfield f speaks of a time “before the introduction of wagering policies,” when “it was upon principles of convenience very wisely established, that a man should not re cover more than lie had lost:”) a statute,j; whether declaratory or remedial is unimpor tant, prevents their existence in practice and marks them with the express disapprobation of the most experienced commercial people ot the world. They have been styled by the same learned judged just adverted to, mere games of hazard, like t.Yj casting of a die.— Accoreing to another learned judge,|| they arc merely betting on the return of a ship.— The wisdom of the New York courts, al though it has not expressly approved, yet has not expressly condemned them: they have been recoguizcd by those enlightened tribunals? with less of the spirit of true policy than they are accustomed to manifest. But the latest even of their authorities, while it docs not directly recall flic sanction, ex presses regret that wages were ever allowed to be the subject of an action.** A wiser policy refuses all alliance with the practice, and asserts its clear incompatibility with the sound principles of insurance law'. The Su preme Judicial Court of Massachusetts, after adverting to the great reluctance with which a contrary doctrine was received as the com mon law by the courts of England, and the immediate interference of parliament to nul lify such policies upon the doctrines being so received, proceeds to pronounce it “a dis graceful occupation of the courts of any country to sit in judgment between two gam blers, in order to decide which was the best calculator of chances, or w hich had the most cunning of the two: there could be but one step of degradation below this, w hich is that the judges should be the stake-holders of the p; rties.”ft In Fennsylvaniajhe law speaks the same clear and becoming language.— Many years ago it.was agreed that although we have no positive provision like the Eng lish statute, yet the course and nature of our trade have been always considered to interdict w ager policies as fully as if there had been a pointed regulation on the subject.— Chief Justice Shippen had at a still earlier day said, that the system of national policy which dictated the British Act of Parliament had been adopted by our courts §§ Justice Ycates in the same case declares, “An insu rance amongst us is a contract of indemnity : to object is not to make a positive gain, but to avert a positive loss. A man can never be said to be indemnified against a loss w hich can never happen to him: there cannot bo an indemnity without a loss, nor a loss w ithout an interest. A policy, therefore, made with out interest is a wager policy, and has noth ing in common with insurance but name and form. 1 Marsh. 30. 97. It is not subservi ent to the true interests of fair trade and commerce, but is pregnant with as much mis chief, both public and private, as can pro ceed from any species of gaming which the legislature has hitherto found it necessary to repress. Every species of gaming contracts where the insured having no interest, or a colourable one merely, er having a small in terest, much overvalue it in a valued policy * See P?rko on Ins. 348. I Godin Sal. vs. the Loud. As?. Cos. I Burr. 492. ±l9 Geo. 2. e. 37' § Doug. 470. || Kent. I. Juhel vs Church. 2 Johns, cas 333, f lb. and Clcndening v. Church. 3 Caines Rep. 141. ** G Cowcn. 331. Bucliannan vs. Ocean Ins. Cos. If 2 Mass. Rep. 6. Aniory: v. ff 4 Ycates, 1G 4 *. Craig Murgatroyd. 3 Ycates, 401. Pritchett vs. N. A. Ins. under the cloak of insurance, are reprobated both by our law and usage.”* It seems not a little extraordinary that any wagers should be made the subjects of judi cial inquiry and determination: the time and attention of courts of justice arc sufficiently employed, one would suppose, in adjusting unavoidable controversies and preserving the great.landmarks which arc the safeguards of property and liberty, without lending an ear to the frivolous and voluntary disputes thus created for them. A case very lately deci* ded here f denies the lawfulness of any wa ger which may effect the feelings or inter ests of any human being. (It was a bet upon the probability of the escape of Napoleon from St. Helena.) Remote as the possibility was that it could effect the peace of the pub lic or the happiness of the individual, that it could disturb the policy of a foreign govern ment by endangering his liberation, or ag gravate his own affliction by increasing the rigour of his confinement, still it was de clared void. A claim Was brought in the Court of King's Bench in England not long since, to recover the amount won upon a fight between a couple of dogs: Lord Chief Jus tice Abbott refused to try the case, being of opinion that the time of the court was not to be wasted in trying which dog or which man won a battle, as the whole of these wagers vvcrcillegal.f Lord Loughborough had mariPycurs before refused to try an action for a wager respecting the number of chan chcs in throwing seven and eleven on two dice.§ It is to be hoped that the time will come when all kinks of bets will bo exclu ded from the grave consideration of learned courts. As to insurance at least it may be considered as settled law here, that wager policies, or insurances Without some substan tial interest, vVhcthcr the want of it be con cealed from the underwriter, or the actual state of things be mutually understood, and the fictitious risk be voluntarily assumed, are null and void. The next fundamental principle in the contract is that which requires the most en tire and absolute good faith. So much is necessarily known on one side, and so little on the other; or rather the particular knowl edge, whatever it may be, is so exclusively confined to the party desiring to protect him self from loss, that he is under the most so lemn obligation to exercise the utmost can dor in his disclosures, and to use the most unequivocal terms in the expression of them. Most of the contracts of trade arc formed if not with equal information at least with equal opportunity to acquire it: each party suppo ses the other to be fairly on his guard, and acts and judges for himself: but the insurer is placed entirely in the power of the ship per as to most particulars, and receives ex actly as much as it is his pleasure to com municate. Deficiences may exist which will never be supplied, and discolorations may be given which can never be removed: one such omission which conceals an important truth, or one expression which suggests the reverse, is fatal to the contract. In all the transac tions of business integrity is the polar star; but the sacred exercise of it in matters of insurance is especially required, just as the feeling and the display of generosity arc du ties in war, in proportion to the defenceless condition of the enemy* “The contract of insurance,” say the Supreme Court of the United States,§ “has been said to be a con tract of the richest good faith, and the prin ciples which govern it arc tliosc of an en lightened moral policy.” The last of these preliminary cardinal prin ciples to be here adverted to, is that which requires the voyage insured to be lawful: lawful it must be, both as respects the gener al principles of conscience and good morals, and as it preserves a scrupulous deference and regard towards the laws of the land.— While this position is stated in explicit terms, and may be received as one of undeniable truth, a word of explanation is necessary to avoid mistake. If both parties agree to in sure a voyage undertaken in defiance of the laws, no court of justice will lend its aid to enforce the contract: it is of no consequence what may have been the nature of the loss, or how remote its cause from the prohibitions of the violated law, in all its stages the pro ceeding is void. The courts of the country I whose common, statute, or maritime laws are contravened, will permit neither the assured to recover the loss, nor the insurer to recov er the premium, nor the assured to recover back the premium if already paid, nor the insurer to recover back the loss if he has im providently paid it:|| the vessel too is tainted with the illegal destination of the cargo, and the policies on both are equally void.lT The parties having mutually sought a situation which defies the provisions of the law, a situa tion which is to be maintained independently of its sanctions, cannot under any circumstan ces demand it? aid. It matters not whether tile illegality be subsisting or expected.— If the voyage be undertaken be fore the actual prohibition is in force, but with the chance of enforcement before its ter mination, and such enforcement takes place, *lb. p. 4G4. f Phillips v. Ives. Sup. Court, Dec. Term 1828. fl Car. and Payne G3l. Egertowv. Furze man. ’ §2 11. 81. 43. Brown vs. Leeson. % Peters’ Rep. 185. M'Lanuhan v. the Univ. Ins. Cos. II 1 Peters’ C. C. Rep. 417. Craig v. the U. S. Ins. Cos. c 3 Wash. C. C. Ren. S7C- Gray v. Sims and Bcthcli. the promised indemnity is at an end. ft was in cnc of the cases relied upon for the positions now assumed, that Judge Washing ton used this emphatic language: “The underwriter promises to the insured an indem nity against loss upon a traffic which the law of his country may forbid; and whether it should be forbidden or not, he engages to pro tect a trade which is to be carried on in defi ance of any law which may be passed to inter dict it. And is this a contract which can show its face in a court of justice, whose du ty it is to enforce the laws of the country?”^* i bus lur the rule is rigid and inexorable, but it goes no further: it is confined to the laws of the country where the contract is made, and takes no necessary notice of tlio-e abroad. An insurance may be made here on a voyage expressly undertaken in violation of foreign revenue iaws, provided it be known to the underwriter that such is the design. If he were not apprised of the real object he would not be responsible for losses occasion ed by any illicit trade unless the trading arose from the barratry of the illicit mariners: that risk, agreeably to the usual policies, being expressly assumed, a loss inconsequence of it must be borne by the insurers, according to a decision Chief Justice Tilghman § although the more immediate cause was illicit or pro hibited trade. Courts of justice and elemen-' tary writers have regretted than any sanction should be afforded to the breach of law which attends smuggling Voyogcs and the possible results of subterfuge, and misrepresentation and perjury which may ensue. It would per haps, be more conformable to the high and ho nourable principles which lie at the root of die system, if policies were absolutely restric ted to regular and legal trade. One at least of the distinguished French treatises (that of Pothier*) refuses the sanction of its authority to a different rulc:but the doctrine is too firmlv established on the continent, in England, and here, to leave it the subject of a doubt.ft Our policies usually contain a warranty a gainst seizure for illegal trade ; and this, ma king the law for the occasion by special con tract obviates all di (Acuity when actual seizure* takes place on that account. When the trade 1 is to be carried on by smuggling, and the los* arises from a different cause, a policy which* contains the clause referred to might still be: enforced: the warranty is against seizure, not. against the existence of illegal trade. Let; it not, however, be supposed that commerce is so exposed, and yet so little susceptible of* protection, that it can be destroyed withorft in lemnity by the arbitrary, capricious atl uh* just attacks of foreign governments, under tfi® pretext that it is contrary to their laws. Chief Justice Tilghman has wisely observed,!) that to bringacase within the warranty thererrj. ut be soiz r an illicit or both prohibited trade' It must lie proved that there was a prohibition, and that the case is within it; ami it must be a legal prohibition, such as the prohibiting pow er had a right to make. Th£re was a time when all foreign corfimcrce was prohibited to the United States: England prohibited all trade to the ports of France or her allies, and Franco prohibited all trade to England or her colonies: they divided the world between them. But it. was never supposed that these prohibitions discharged the underwriters from loss by capture at sea for breach of them.”— In another case the late deeply learned Jus tice Duncan that uothieg can be more established than this—that if the ground of the decision be a foreign ordinance manifestly unjust and contrary to the law of nations, and the insured has only infringed such partial laws, this shall not bo deemed a breach of his warranty so as to discharge the indemnity.” •Ib.p. 270. f 2 Bin. 574 Wilcoeke. tTraite do Ass. N. 58.- Valin. 2. 127, Doug. 238. Pioirch vs Hotelier, 0 Map. 102. Richardson vs Maine Ins. Cos. 3 Mason 18. Andrews v. Essex Ac. Ins. Cos. &e. II 3 S. and R. 82 Smith vs the Del. Ins. Cos. T 4 S. and R 6p. Funded v. the Phenix Ins. Cos. BTitON. Misfortune stamped him for her own at hi birth ; and no equivocal sign, a termagant and libertine were his cradle watchers. He ha I no “monitor of his young y eat s.” His youth | was blasted in its spring; and (true, indeed, like many who have built themselves monu-' inents in the bosoms of men) he, who could move all hearts with sympathy, was unable to touch the one of liis choice with love. He lived— . “as lives a withered bough, Blossomless, leafless, and a lone.” lie died —he, the man upon whom the eyes of the world were fixed with admiration, if not with favour, died in a cheerless barrack room, without a friend or relative to minister to him; his last moments disturbed by the clamours of a mutinous soldiery, and his eyes’ closed by a menial. Nay, more, his very re mains cannot escape contumely. His ashes are excluded from a public cemetery y hi countrymen; and there arc those found inti.i land which he delighted to honor, who would brand lii name with fiifamy ? If such ar< the penalties of frailty and indiscretion, what ignominy is reserved for actual crime ? • The London Morning Chronicle says-; Peyrennet and Polignac have had serious -hi fcrences since iheir imprisonment in the lor tress at Ilam, and on one occasion, as appear * from a privati concsp >n</ence, the infuriati - lawyer throw a eandlesti ck at the head of fh© Prince, which fortunately missbd him. The Prince has petitioned the Government of France that he may be. sr. vv*jated from bis coo * nan on.” . . 4 NO. 2.