davidaulloa/AmericanStories huggingface dataset:
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
On motion of MIR. NoJh. twas
FOREIGN.
VEST FROM ENGLAND.

LATEST FROM ENGLAND.
CHARLESTON, Dec. 23.--By the ship
Factor, from Madeira, we have received
London papers OF the 9th and 2Sth Octo.
ber-several days later than before receiv-
ed.-We do mol discover IN them any in
tellIgence OF much importance. Some ex-
tracts will be found in this mornings
Courier.
Capt. HAMILTON informs us tbai their
accounts from London, at Madeira, were
10 The 9th OF November, but there was no
news OF any interest whateveT.
The Congress Of Sovcreigns was about
breaking up at AK Ia Chapriie, and great
preparations were making for their rccep-
ton at the different continental capitals
they were expected To- visit.
HE British contingent of the army of
occupation were hourly landing on their
native soii.--Nlany who had been recruit
ed INTO tie British ranks, natives of Ger
many. &c. were 10 be discharged on the
Continent.
His Majesty's slips Dorothea, BUCHAN,
and Trent, Lieut.. FRANKLIN, had return
Ell to England, from All unsuccessful eX-
pedrion Ia the North Pole, after encour-
iering many hardshIps and gseal periIs III
the ice.
Private letters from Manchester speak
OF the Increased spirit of activity ia the
Cotton Manufactures occasioned by The
great demand for goods from South
America
The Queens health appears 10 have
been much tie same as our last accounts
leli II. Daily reports were still published
by her attending physicians.
| LONDON, October 27.-We have received
| French papers to the 10th. The elections are
| proceeding with rapidly, aud the interest
| which they excited NATURALLY decfeasesas their
| probable results begiu to reveal themselves
1 Messis. NJ enager and de ST. Cficq. (;le DIec-
tor Generals OF tic CustomsJ have already
| been elected for tie depai tment Of Seiue and
| Marie. The ultrdliberals had made power.
tul eXeriiOns 90 procure The return Of the yete
ran Lafayette, bui lie was siul the last on tie
| list, when tao out Of tlIC three members "a.
| quircd had been chosen.
An English ship, coming from Bombay was
lately wrecked near Sucz. The whole carpO
which was for aCcOuut 81 the Paclia OF Erypf
and was estimated at 20 600 piastcrs, is lost
On "Wednesday Tie PtacioH. Captain Dillon.
sdile from Portsmouth Tor Calcutta direct
with specie. on account Of tie East India Com
pany she viii call at the Cape on her pas.
SAGE bOuc.
SIR Gfegor MCregor sails in a few DAYS for
Sontl' Amesica. IN The brig Herg.
Der - French papers arrived Yesterday
70 the = inst.-Ihe HOaifsg mas ~ last pub.
hsiicd 4 copy Of the treaty Of eyacuatiOm, Dnt
not 40 the otHcial part o. us columns though
tae authenticity ct ihe document - u 8doubted
IL - tie one s's1cd with Au,irii, aud is az eX
al it@nsc4tFi0 STAT sifcn a week ago "a al
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
DOMESTIC.

800 ss'sssss.....
by THE PRESIDENT OF THE UNITE
a pROGIAAJATIOS


by THE PRESIDENT OF THE UNITED STATES
a PROCLAMATION
Whereas Convention between tile United
States Of America aud Ills Catholic Majesty.
made aud concluded at Madrid, on the | ith day
Of August, IN the year 1902, by Charles pinck
Tey. at that lime Minister PienipOteItiary of
lite United States III Spain, and Don Pedro
Cevd,ios, Counsellor ofState, GENTLEMAN oil The
Bed Chamber, Fnst Secretary of Stale. and
SUPERINTENDENT of Posts aud Post Offices fully
authorised aud empowered by their respective
governments was duly ratified by the then
President at the United State, by aud win the
advice and consent Of the Senate thereof. ON
the 9th day Of January, ia the year 1891 t; aud
was ratified by the King OF Spain. Oh the 9th
day OF July. last past Aud whereas the ratiii.
cations of the two governments were exchdilr.
ed 10 this city, on the 2lst day Of December.
by John Quincy Adams, Secretary of State of
tile United states, or the part Of the United
Stdtcs aud Don Dnis de Onis Envoy Extraor.
binary and Minister l'icnpOfen,iary iron,
Spain, on the part OF Srain which Convention
-, wotd for word, as foli1Ws:
tsYfJc omit the Jrsdfy bi SyaHish. c0Hfeafbfe oHr.
fcfces rim giDiag u iH Eagtish.....Emq
CONYENuON between Ills Catholic Majesty
aud tile United States Of America, tor tile n.
identification OF those who have sustained
losses, damages. Of injuries, IN consequence OF
the excuses OF individuals OF either nation,
during the late war, contrary to the exislias
treaty, or the laws Of nations.
His Catholic Majesty and the government
Of the United States OF America, wishing ami.
caJly 10 adjust The claims which have arisen
bom the eXcessUs committed during the late
var, by individuals Of either nation. contrary
TO tie'lAw OF nations Of the treaty existing be-
tween tue two countries His Catholic Majesty
has given, tor this purpose. full powers 10 His
EAcelency D0n Pedro CcVsilgs, Counsellor OF
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

On motion Of Mr.. Pleasdnts, the naval
committee were instructed 10 enquire in
to the proprie,y OF authorizing, by law,
the purchase OF the timber, particularly
live oak, necessary for building twenty
sloops or other small vessels of war.
On motion Of Mr.. Lincoln, tie commit
tee on Indian Affairs was Instructed 10
enquire into the czpeJiency ot providing,
by law, that il be The duty of the several
public agents employed by the u. States
To transact business with the Indian
tribes to obtain all the Information in ihe,
power relative la the population, man
iiers aud customs, history, languages, or
any thing peculiar 10 said tribes, and re
port The same annually 10 the Secretary
of War
Unmo,icn Of Mr. Gage, the committee
on Pensions and Revolutionary Claims
were instructed 10 enquire into The expe-
dienry of making compensation to Reu-
beu Colburn, for boatsaDd other supplies,
furnished, iIy the authority Of General
Washington, Ia the expedition under The
command OF Col. Arnold, AT the ,Imr it
ascende,l The kennrbeck river, in 1873.
and ilIatthe ,locurienis forwarded by the
claimants be referred 10 The said commit
tee.
ResOtr.d, That the President of the United
states be requested To cause 10 De laid before
this House, Al in ms opinion the same should
not be Inconsistent With the public interest,
copies OF the correspond"ncr, It amy, between
The Department of War aud the Governor of
Georgia, III answer to lie letter OF the latter to
the former, dated on the first OF june in the
present year, communicated TO this HOuse on
the 18th instant, and also the correspondence,
1t any, between tue Department OF War aud
General Andrew jackson, in answer to the
letter Of tie latter. III The date of 9TH May.
1918, also communicated III this House OIL the
Eth instant.
The engrossed bill TO authorize The
payment IN certain cases, on account of
Treasury Notes which have been lost or
destroyed, and The engrossed bill autho-
rizing the election of a Delegate from the
Michigan territory to the Congress of The
Unied States, and extending the right of
suffrage Ia the cltizcns of The said terri
tory. were read d Third time, passed and
sent the Senate.
The engrossed bill for ,herelief OF John
James Dniour and his associates, was
reaaa third time. This bill provides. as
will be recollecicd, for the extension of
the lime of pay nient of an insialmeut
due for public lands, for The term of six
nIontliS.
motion WAS made by Mr.. Stroller TO
lay the bill on the table, and negatived,
after debate-GS TO 55.
The question on The passage of the
bill, was taken. by Yeas and NAYS, and
there were in favor OF the bill! 65 voies. a
gainst il 66. So the bil!.was rejected.
The resolution from the Senate. direct
ing survey of certain parts nt Tie coast
of North Carolina, was read third time
and passed.
And the House adjourned to Monday
next.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
DEFIANCE TO TIE LAWS.

NORFOLK, Dec. 23-The Collector Of
this port, received by pilot boat, late OH
Monday evening, Il letter signed " JOHN
MARSHALL, LIST officer of The Revenue
Cutter Active" stating in substance as
follows that the Shr Hornet, "A CHILEAN
privaIeer, commanded by Azoyes Oync,
having made her escare from Baltimore,
without complying with HE requisite for
malitIes Of the Custom House, Captain
Beayd, of tie Revenue Gutter Active, was
dispatched after and fell III with her, Law
ing al anchor % Hawkins Point, in Pa.
tapSco river. III. Marshall was then put
on board OF III Hornet, with ins,ruc-
lions to- bring her back To- Fort Mcflenry
as soon as The wind favored. Tile neAt
morning, Saturday, 10Th INST fine
breeze blowing from The n. ". lie Bu-
enos Alrean brig PHeJreyda came down
Tic rlyer,and passing near 10 The Hornet,
The oihcers aud crew Of The latter gave
three cheers, which being answered rom
HE brig, the first Llrui. If lie Hornet. i'm
defiance OF The orders and remonstrance
Oi Lieut.. Marshall, col The schooner mn-
der weigh, aud proceeded down after Tie
Pucrrel don, her crew maniiesiinS their
ciI eriul compliance " i,Irfhe orders Ollie
Lieut.. By answering them with ihfce
cheers.
OF Nc,h Poaa they fell in with the
brig Mary. oil apd hound 20 10 Bali
moro, which u. MARSHALL preparing 10
speak, The first Lieutenant 81 Tie schoou-
or, whose name was IcGfg. ordered the
waid room officers 10 size and carry bin
below. The officers 50 far cOmpiicd Us
To pull him down of The gun, on which
he had mounted, With lie intention Oi
speaking The brig. threatening 10 coufine
him below, II lie attempted again 90 SPEAK
any vessel they passed. or UageHf
P0nW they passed tie FH11ydoH, " hrs
one OF the Quarter Masters James Waye
took charge IS Pilot, and carried her 10
NE Capes, where falling Ia it'll The sclr
MDonOugh, bound 10 Richmond. ;he
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
GEORGIA LEGISLATURE.

E.rt"aSt of' tttcr nom 1liiiedserihe, d.
ted DeceIaje' Is, 1918.
Since my last To you, the Land bill
has been disposed oi--Ai:er appointing
five diiiercst comnitiecs of conference.
the two houses agreed thai The size of tile
fractions 10 lie sold, on water courses ou-
ly, shall he lG0 acres-This bill now only
requires The signature Of the governor To
become a law. 10 day, pursuan, TO a
JOINT resolution, the legislature will pro-
coed 10 the election OF Sixty enc survey
obs To survey the land
The Darien bank bill has also been
concTrcd iu.-The house having rece-
ded from the amendment, which compel
led HE bank 10 loan money on country
endorsements, or a deposit ofproduce.
The negro bill, which passed The rep.
reseniative branch few days since, has
been rejected in senate.
a resolution has passed in the house,
by a large majority giving one-fourth of
The amount OF the nett proceeds arising
from sales of African slaves Illegally intro
ductd into the u. States, 10 all intOrmers
This resolution operates back us far
as lSI7 and is 10 continue in force until
repealed. The Collector OF Brunswick.
and capt. Smith, are particularly mem
toned ~ the resolution.
II he appropriation bill for tie present
year, has progressed 10 third reading,
and viii probably pass lo morrow. Tie
same rates oi advance Was observed in
tiIiing Tie blanks, as in the salaries Of the
public officers III the state, except The
per- dicm compensation OF The members
Instead OF fixing Tie amount at four and
hall dollars, which is aa advance of ffiy
per cen, on The former pay, they have
voted 10 themselves five dollars a day
while iii session, and the same amount for
every twenty miles they travel TO and from
the seat Of government
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
Wnnton and Inhnmnn nfnrder.

CHARLESTON, Dec. 23.-JAMEs w. (sApsprN
Esq. citizen OF the most mild and aniabIe
department. was inhnmanly murdered, about
O'Clock on Monday evening last. i'm the CEN
tre.oi ourc city, Willie returning home from a
visit TO friend Two men, MICHAEL and
MARTIN 1oOHEy, brothers, have been COM
mitted 10 Jail, charged with ihe preparation
OF ibis diaboiical act. Tie reports are vari-
Gus az TO the manner in whichsthe deed WAS
done. The accused were returning home from
military parade aud Mr.. GADsDEN fell,
under scvera! wounds inflicted By bayonets-
We forbcar 10 say more. A Jury of ,hcir
country must decide upon their fate, and 10
the decision OF that tribunal we leave them.
Mr.. GADsDEN, who has been thus torn from
the bosom of a beloved family, has left behind
him an agouzcd wife and eighI children.
wrung to the heart with distress aud wretched-
ness.
MIR. DANIEL hDOwALI., a young gentleman
who interfcied on the occasion. was also Sc
vereiy wounded but hopes are entertained
OF his recovery.
MIR. NEIL Nj GREGoR was the unfortunate
person WHO shot himself Oh Sunday last as
mentioned iu yesterdays Courier. THIS is mem
toned 10 prevent apprehension. as there
Is one two other persons OF the same name
~ the city. us
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
IN SENATE

THURSDAY, DECEMBER "a.
Mr.. Sanford presented the Memorial o f
the New York Society for promoting the
manumissiom OF slaves, and protecting
such of them DIS have been or may be Ii.
heraied; which was read and referred 10
a committee on The subject ofsIaves.
The resolution instrucing the commit
tee on Public Lands to enquire into the
eeXXpediency OF granting 10 the State of
M,ssissiprl certain portions Of The Pub
lie Landsfor certain purposes, was agreed
to.
On motion of Mr. Noble, twas
Resolred, That tie Secretary ofthe Treasury
lie directed 10 lay before the Senate iuiorma.
ton relative TO tie effect of the act TO suspend
tor "a limited time the sale or forfeiture of
lands, OF the 18th OF april last, upon the re.
ceipis INTO the Treasury, and the probable
effect OF continuing ia force the act aforesaid
for one year. with condition that if the pnr
chasers complete their payments on or before
the expiration of the period aforesaid. interest
shall only be required on the instruments due
from the time that they become due until paid
Alter postponing some other business,
The Senaie adjourned 10 Monday next.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
PRIVATE CORRESPONDENCE.

E'stFGet Go the Editor 81 The Chdtcothe SappcsEer,
dated CoiuHLas. Dec. 3, 1878.
Nothing ot Importance has Vet TRANSFERRED
since the meeting Of The General Assembly
except the following: a resolution has been
introduced into the House OF REPRESENTATIVES,
and ordered 10 be lid on The table. the object
OF whichisthc appC. ,tmcn; OF committee for
The purpose OF ascer,siuing The causes of
excessive Banking ia this state |, and also TO
enquire into the situation OF the chartered
hacks. 1 his committee 10 have power to send
Tor persons and papers and TO compel the
several Cashiers Ia give uader oath. a state
meni ot the amount at specie, and notes of
Other banks on hand OF the capital stock
actually paid IN, and ofihe notes In circulation
i' each banking institution III the state; and
also 10 answer suchguestious in regatd to these
SUBJECTS, as may appear necessary FIR the
iUiorinaiionof the committee. What order the
mouse VIII take on this resolution, am at loss
10 conjecture; but, so Tar as NV observation
mas extended, itappears there is a strong dis.
position among the members 10 cerrect. the
abuses at the banking system. n bin has been
reported 10 the house, entitled :" An ACT more
ehectuaily 10 sccnre theprivileges of Mcmbe.s
ct the Legislature" It's passage is doubtful.
as many conceive that the constitution has
made ample prov ison "a effect I,at object
This day the Speaker of the Senate, liz pre-
sence OF both houses, canvassed the votes for
Governor. Six counties havin,, failed To make
amy return, the votes in AZ conDtes stood thus:
tor Etham a. Brora. 30.7ji; forJo,acs Duglap,
S,U'o-MajoIIty iei Brown, - G79.'
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

resistance OF The United States Dsnl 50 TIC
taxation imposed upor that institution bs "a.
Legislature of this state; aud passed an o,uer
requesting the Governor aDdconnciiio eN.rio~
what number ofcounsel they shalt Judge ex. =
dent, 10 manage, om the part OF the state. in.
case OF" james ~. W'Cuiioch. as. Tie Staif ~
uaryidad dcd John james," being an app.s,
from tile Csuit OF Appeals for the western
shore, to the Supreme Court ofthe United
States !; IL having been decided in the former
court, that said bank vas cersti.gtionuiiy liable
TO iaNatlOa, Which, is the question on which the
appeal IS made.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

pend specie payments until lie Sd Mon
day OF January next, at which time meet
ing of the stockholders is called 10 consi-
der Of the propriety OF dissolving the III
stiiulion. and closing the concerns OF the
COMPANY.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
Extract to he Edito, ofMe BaIimo,.e Pat
l7Of HnIed IHnrhinnin,l noc 10

Extract to Tie Edito, ofMe BaHimo,'e Pat
rot, d0ied Washington, Dec. 10.
Although have no access TO the
6ech stars, 10 use an old mIlsiy federal
phrase, YET lean assure YOU, aud youmay
rely upon lis truth, that government are
IN possession of COMMUNICATIONS from
The Y. y. Agent at VENEZUELA, not The
most Gathering TO the Patriots. Tie
Agent has protested, in strong terms, a.
gaInst tie paper biOckGde of fiat govern
menl. General BOLIVAR juslifes il by
tie precedent furnished by Greal Britain,
III lie late war with Napoleon and calls
u a retaliation for the former blockade of
the royalist General MoRILLo al Cariha.
gtna, and refuses 10 reInqnish it.. Ad-
mlral BRION says, that the British send
an armed force TO demand restitution
The Americans only demonstrate and
That II is 10 use to take any more British
vessels who break the blockade. but that
Tie americans are fair game, becauseM ey
only taM aud write In consequence Of
Tins menacing tone, have good reason TO
believe That iEe President will order some
OF DOR irlgaics OH that station, moi OnIy 10
correct this language, bat Tie course Of
proceeding Of AR1sMFN Court Of
Admiralty. The government has been
at great pains and expense 10 obtain &C.
neral aud correct Information oflheSonfll
American Provinces they have what
they have sought for in sbundance-ahd
willact accordingly More anon.
The Bark Committee from Pbiladel-
phia, are daily expected here. under
stand they have been very diligent i'm
their researches into the proceedings Of
the institution, in all lis ramiEcations.-
In former letter to you, expressed my
opinion as 10 Tie result of the inquiry
may be mistaken, but will sgaiu repeat.
whether IL accords with your belief or
not, that II will turn out. The Bank has been
more siu'ed against han SHINING. We shall
soon see--lill then adicn."
E.rtract 10 the editor Of the Patriot, dated dHRa-
potts. Dee. ~.
The Honsc this day decided on the cxpedi-
eHey Of employing counsel IN tie case vi the
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

From Trinidad, (port Of Spain Capt.
Pilsbury, who arri> ed a, Eastpori, or The
7ih insi. from the port of Spain, which
place he left or the I9lh Nov. informs
that IN consequence of the destruction Of
all The royal launches, (whicl had for
some iImei infested the Gallo paria) by
The Patriot squadron, and the repoSses-
sion OF Guara and other ports situated in
the Gulf, plentiful supplies of cattle aud
mules were arriving. Every.account CON
firms the misery of HE Inhabitants 0i tina;
devoted country, and although changes
were daily taking place in favor Of eiii,er
one or the other, il indicated nothing de
cisive. A number of British officers had
arrived al Trinidad from The Oronokn,
which had left The Patriot army in dis
gust.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
TIE RIVER.

PEILApElPAIA, Dec. 2l.--'rhe GUAM
iiiy oil floating ice Ia the Delaware is such
AS 10 prevent, '0r,ihc present, The depar-
lure or arrival of vessels. Should The
weather, however. continue az moderate
as al present, the navigation will soon he.
free again. Having understood that in
formation respecting The condition of orr
harbor would br interesting To readers il,
other ports, particularly at the southwark.
we purpose 10 give bricf notice oi the
state of the river durms the winter. un-
der the daily almanack. [Unioa.
From t.r ST. Thomas Times. Nor. 81.
The following Us an extract OF a letter inst re-
ceived by gentleman in This Island, an
nouncing The arrival of Lord Cochranc al the
lestisos Islands, with vessels of war under
his command:
:" .Jtan Griego, Norenber IL, 1878.
Dear Sir....l have the pleasure of an
nouncng TO yOu the arrival OF Lord Cocirane,
with i've vessels Of Mar, &c. &c. under his
command, and now at The rcstigos islands -
this pleasing intelligence has been received
here this morning. With such IL considerable
reinforcement, we have nothing more to fear
from the enemy, aud Il speedy termination To
the war must be the result OF this grand event!
detachment OF Gen. Marines division under
the command OF col. Monies was repulseJ near
Cariaro, aud our force was dispersed; but you
know how soon under such circumstances the
men are re-umiied. We attribute little imper-
lance to this affair, altho' il may he necessary
To contradict the exaggerated accounts that
The enemy naturally will endeayDr to circulate
By the next opportunity shall be able to
inform you OF particulars respecting tue above
mentioned intelligence"
The above letter derives additional import
ance from its having been written BY 1dnirai
Brt0a. IhIS tact we have from the gentleman
who waS polite enough TO hand us The SAINT
1 h0mas Tunes. Dem. Press
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

New York, Dec. 22.-Cnpt Rogers,
OF the ship Canton from ~. petersburgb,
informs, that the U. S. lrigatc Guerrierc
Commod lore Macdonoush, sailed from
Cronsiadt for the Straits on lie ID OF DC.
tober.
Lisbon Corn Market Return, of the
quantity OF Wheat, and Indian Corn III
store on the 30ill of September, 1913 =
Wheat, ga, 200 bushels Indian Corn,
252,000 bushels. -TGaz.
From che West Indies.-Capt. HanifeD,
from ST. Barts, and ST. Martins, informs
us, that privateer under Ariigas' fas,
had been seized q condemned al Tie la,-
ter place. Three of Brion's squadron
were cruzlng off the port the iaiter part
OF November, under the command of
com. Jolly, who had captured several
slave vessels. He fired several shot at
Capt. Haniieu's vessel whiielying 10.
Ue1c. 1dr.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29
PENNSYLVANIA LEGISLATURE.

Il i--N NJ LIZ ANtA LEU iof-R tk
whereas, there is reason 10 believe that
some OF The institutions within this common
wealth which have been Incorporated tor tie
purposes OF banking, of insurance, of prumot-
lng into rnal impros ements, aud for oiher oh
Iects, have violated provisions OF their
charters by uSnri0us loans of money upon Pre-.
missary notes, bonds aud mortgages, and
otherwise, and by other illegal transactions
therefore,
lie il reso!red. That committee be appoint
Ell 10 enquire into the conduct of the several
corporations within this con,momwe Wealth against
which charge of Illegal conduct shall be
exhibited with power to send for persons and
papers and that they have leave TO report by
bill or otherwise.
Head in the Senate and laid OF The table,
Dec. IL, lSiS.l
kesotred, That the committee be appointed
TO eDsnire into the causes oithe present depre-
ciaied state OF our currency, aud to suggest
such measures as may, in their opinion be cal
cniated TO remedy the existing evils thereof,
and 10 prevent the recurrence of similar
stale OF things III future, and that ihey have
leave To report by bill or otherwise.
Read Dec, IL, ISIS, and referred Ia Messrs
Snyder, Gillaland, Lowry, Leib, Smith. RaEueI
and Wells. 1IihH. Gaz
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-12-29

Extract 10 the editor Of the Patriot, dated 6apa-
p0iis Dec. W.
The Honsc thi, day decided on the cxpedi-
eHey Of employing counsel IN tie case vt the