The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-17

perform; and ,aa,sihs releaie by B 70 c e
ss r,sht to ,odsmnlty ICON CO operates re-
,sis 10 a., o. =, that If Ut were inai,utcl by
IN. DENIM to BIS claim al nr..Ics.sd a., ~.
face OF ii, upon the exattion of an,impol,ib.i;,v
to have been performed nv &.
-. READ releate of B's claim ag,inft A.
= iapport me demurrer, the cafes of pro.
m'fe to go to Rome in three DAYS. AMI tn,t
man IN London ihal cover a honir in U,m,.
| sIi're, while he is IN London, would BIZ ci,ra.
True, theie are impoiiiailiies therefore, he
party who accepts of inch prom;fi, knows at
the time the folly OF requiring the perf,,rrancs
| of them, hecaufe they are bbyGeai impo:fbiI;-
lt'es-hut 1T man not worth cert. give 10
Promiiiory note for the payment of A thouc,nd
dollars Immediately, is not this ALTO promiG,p
| t" perform AN impoaHbiF.y ? And vet this pro.
| n'te Us coed, hecautc j, is not phyieal hut 4
moralimpoiiibility. Now, was it phvG.,l or
neral 'mpoiiihiilty which was required to
perform !? Surely moral one only--as in tb..
cafe OF the poor man riv;u. his noe the Thing
! Populated by him to b. done was nor in ;,s
| nature impoiii5ie, if ne had money enough te,
| pay the fame. So The 0reventii,s OF c from ma
king inconvenience of A's territory for C,s un-
awful pprpots, not m acf in its nature i'm,
pp!iihle, and which is Unified uoon (houd hav.
! oesn rreYeated-but at moit, as in the fri
| GALS the poor man cannot perform his pron,iGc.
necanie 1t Is Impoihhie for him 20 raiie he mo-
Iney-io IN the latter cafe, a could not prevent
the trefoais of c, becau:e it was imno,';h,e for
| to ra'ie iailors and courage enough 70 do If.
With reipeGt to the plea if the eff b,d
been, that A and had Jointly CONTACTED to
pay a fnm ct money. there is no doubt but
mat che plea would ne riaintainabie. became.
oy reiraiins rom the con:ract, wond have
deitroyed that contract, ard npoasthat def ov-
ed contract 1t was tha: 4 was made refron(;hI,.
TO B. The rc!eaft of one would have owe rate,.
| 4 reieate TO the Other.
| But the injury for whirb r-i,efs WAS 6surb+
by q, was tort for which &. became r.fuunii
BILE to Is. not ona eoDfra9 iAiut!v with A. hu.
Tor heIbG(S committed independently az 4
and Tor which alto hecalnl rsf:,cnG,!s. no. 80,
IA eonfraa jointly with c, but for a eifis67 tor
tions al againa b (from that committed by c !
IN permitting { to condemn and fell in TIE
| ports of A. Now, If two .per!ops co,,n,it \
trslbaG jointly, it will not he commended. that
the releaie OF one will be pleadable in bar bv
the other, becaufe each tretpaaer is liable for
the whole damage. and is ftparstelv contem
plated by law rs guilty OF diftinet ati, as re.
ates to hinfelt; and, therefore, although the
injured party may not proiecute, or may ahto-
iuteiy diicharge one trdpaher, yet the omflion
or one OF the treipafors in fuit, or having Civ
!
bar the remedy again.t the other co-lreipallers.
| BY gentleman from. Cheher county, Penn
! tylva3ia, we learn that on the morning of the
| 2Sth alt. Tremendous fail of rain took place
! in the upper end oF that and adi5cen, nar,s of
| L1ncafter county, frch as the n!..cf Inhabitants
oft neehborhood never before experienced.
Our informant tates, t,nt for fon,e time ii an
A .taR, Ihlo "
broken up; that TIE water defended IN tor
rents, fwellins the RI .uets and larger firearms 70
an enormous height, and rolling inpctuouly
tdowu the hills, FIVE ut with reiiitefS fury all that
toppoted its progrcfSinthe valiies below, bearing
down fences and enciofures, as weas n,iI-dam
| or every deicrption, and fore buildings; A.
mollg the latter are mentioned one forge and one
coal-hCufe totally waffied down. another forge
nearly wafhSd down, and two more much iu
l1nred one iaw-mill carried of, and two others
materially damaged and removed from their
foundations; one valuable iiour-rill and Cue
natl factory lthe former butt ~ flor e CONF
w torn TO pieces, ana anat entirely wa!.Ied -
| way and three valuable BRIDGES, two ii them
on ftone, piers, iwept Ct; togcther with iixteen
valuable mil and fors dams, entirely eveilei TO
their foundations AL within din ancc ar about
htteen miles, principally Oh The Brandyvine
and the fmaller firearms er,p.ying thtreinto
lives, leaving their houfes and furnitare to the
mercy of the furious elements; fortunately no
lives were loft. The defru6tion of fences, our
informant adds, is alnoG inconcevabie; the beft
idea he can furnifh on the fubeGt is, that on he
meadows of one perlon nearly thirty thoufald
rails are dcpoited.
Comfortable damage has ALTO been done. on
the Octararo Creek, in Larcafter county, as we'll
AS on the isreams com polling Elk River in Mary
land particulars not af-el attained.
On the Brandywine, which preftn:ed f!ch
Gene rs the neighboring inhabitants had never
before witnefed, the water in lefs than eight
hours roie fzUenty feet perpendicular.
Several letters have been received in town COR
rohorating the above account, one of which
lays, that this was absolutely meqnahed in the
annals of AHeFiran RooGs.
Bahi,Dofe Ez,sDing poG.
/ NETWORK, Sept. g.
Captain Fairchild, of the Gb Aurora. from
HAVANA, informs us that three days previous