Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-06
IMPORTANT DECISION.


LEXINGTON, Qly.) Jan. I5.-The suits
which were instituted by this common
wealth against the directors and officers
OF the United States Branch Bank In
Lexington, respectively, for the recovery
OF The fines and penalties incurred by the
refusal of the Branch TO pay the state tax,
came on for trial before the general court,
sitting a Frankfort, on Friday last.
The one against the Porter of tie Office,
was selected for trial. After a hearing of
three days, the cause was decided in his
favor.
The counsel for the office ofthe United
States Bank demurred To tn e declaration
on two grounds first, the deficiency of
the declaration, and mainly The uneon-
sltuiionalliy of the state law. The court
sustained the demurrer, and gave an OPT
| mon that d state has no right 10 impose
penalty on person acting under law of
the United States.
An app al was taken 10 the supreme
court of the commonwealth, which is TO
sit in April next little doubt is enter
| tanned OF conflrma lion of the present
| decision.
Attorney General Blair, and B. Har-
din appeared as prosecuting counsel -
W. !. Barry, M ID. Hardin and Robert
! Nickliffe, as counsel for The defendants.
| NasSachmsstts Legislature, jan %.
| The Senate resumed the discussion of
| the amendment offered by the Hon. Mr..
King 10 the report of the committee on
the subject OF The claim of tie Common
wealth against the United States. The
amendment was supported by the mover
and Mr.. Parker, opposed by Messrs. Ly-
man, Saltonstall, Banster, aud Noble.
| The last named gentleman moved to a
mend The amendment, by striking oat all
| that part which followed The word reSolu-
ed, and inserting The following, viz:
That II is not now necessary for the
| Legislature TO express any opinion upon
! the constitutional powers of Congress, or
| the President OF the United States, or up
on the dNty imposed by the constitution
| of the u. States, upon the Governor of
any State relating 10 The calling out the
| militia in any case whatever"
The Hon. hlessrs. Quincy, Pickman,
| and Fess,uden spoke in favor of this "a
| mendmeni, aud tile Hon. Messrs. Moo
dy, King and Parker against it, Upon
| the question of adopting the proposed
amendment. the yeas and nays being re-
| CURED by one fourth of the members
present, we're taken az follows :--YedS--
Hon. Messrs. Quincy, Lloyd, Latbrop,
| Bartlett, PickmaD, Cleveland, Hunewell,
Waldo, Lewis, Ruggles, Hoyt Humphreys,
Banisier, Saitonslall, Rowland, Noble,
Ward, Gardner, Williams, Lyman,
Richie, Gay, Dwight and Fessenden-
"a.
Nays-Hon. Messrs. Varnum, King.
Linn, Bemis, Moody. Campbell, Hart,
Freeman, HYDE, Williamson, Endicoti,
Bates, Small, Parker and Sibley- Is.
The New ORLEANS Gazette OF tie LIST.
of January last, contains a list of The
steam boats built, and building on the
Mississippi, and lis tributary streams.
II will be rccollecfed that the first boat
built for those waters, was in ibe year
1911.
The number now IN operation, is Thirty
one /; those building, and nearly compile
led are thirty, besides which, the keels Of
many others are laid. and many more
projected, which will be in operation in
the course Of next Summer.
BY the statement in the Gazette, The
tonnagciu present operation amounts 10
$500.
Do. Do. building 3.7IO.
Tons, 900.
Which at 4 cents per To-
freight up, amounts To- 5 G23,0 96.
70l0 al ct. per lb.
freight down 1904.
10passeugers down in
each boat, al, s 90 tach, 36 GOO.
8 Do. up 10 each boat,
at s 100 each $4,000.
Sum totalfo each voyage, 1850, go.
Allowing each boat to make three voya-
gesln year, Tie amount produced by6I
boats at the above rate Of freight aud pas
sage money will be the enormous sum per