The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1824-04-05

oi tuC StatS " 1fcW CVk. III SSCts' VIZ
articles OF agreement we're entered into
between lieut.. Weaver, of the navy, and
certain merchants Of New York, which
articles set forth by com. Steward was
about to proceed TO the Pacific Ocean la
the franklin "a, and being "a particular
friend of lieut.. Weaver, end DESTROYS OF
aiding him, would give harneuiar fro
lection Of a ship and cargo in which he.
zvas interested and therefore in conside.
ration of this particular protection, the
aforesaid merchants fitted out ship ana
cargo, and agreed to give lieut.. Weaver
one fifth of the profits and other privilc.
ges, and as security, the said vessel was
to be represented as store shin TO tie
Franklin. The ship thus protected, to the
exclusion of other American ships, enters
blockaded ports with safety, makes a
handsome voyage. and lieut.. Weaver re-
ceives 812,366 6-l00 as his one fifth OF
the profits, but having reason to believe
that he had not been fairly dealt with, land
that for his protection to the property he
was entitled to more, he brings suit i'm
cbancery TO determine how much more
he was entitled to. The chancellor deci-
ded that the contract was Illegal, and
makes the following strong observations.
Tho Americ an was not store>ship OF
the United States, and the expedieDt OF
sending some stores of the navy in that
ship was evidently adopted to conceal a
falsehood under some colour of truth, and
to give TO the American and her cargo
the guisc of public property of the Uni-
ted States. This continuance was a fraud
upon the rights of other nations and a
fraud in allrespects. The contract exhi-
bits this artifce in its naked character of
fraud. Acts ike these were not acts of
public duty nor did these merchants
agree agree with Weaver that they
should pay or that he should receive
large portion of the profits of their adven-
ture TO Lima as compensation for the
discharge of any public duty. The OBJ
Jects OF this contract were wholly foreign
to any duty The present case is in its
circumstances without precedent, and L
rejoice in the want of any preceding case
like this, as regret that this has occur
red. The absence of precedent is no,
want of principler and those which
must govern this case are clear and un.
doubted. My duty is to pronounce that
the stain OF this transaction rests not on the
laws of this country. This contract be-
ing illegal, its execution cannot be enfor.
ced, and the suit is dismissed with COSTS
PHILADELPHIA, MARCH 29.-On Satur.
day evening last, a little before 8 o'clock,
as Mr.. George Nj. Clawes, had closed his
he DO lei
extiBguished, two ruffians entered, when
his little brother just inside of the door,
addressed them, and said it was too late
TO do business, that the office was
shut; they said that they would do their
business,and Immediately closed the door,
the one grasped The little boy, while the
other told MIR. Clawges to deliver or be
would blow his brains out, and was
searching for him in the dark. Mr..
Clawges was as yet behind the counter
they however cried out, but before assis.
lance was obtained they escaped out of
the ofhce--one however was soon appre.
hended by DIR. Clark, and another gen.
tleman.
DAMAGE.
In an action recently brought in the
District Court, Philadelphia, for DANA
ges against the owner ola dog, by which
the plaintiff was bitten in the right leg,
SO badly as to be confined to the house
tor tive or six weeks, besides losing his
situation as Waterman, the Jury, after
being charged by the president of the
courts gave verdict for the plaintiff of
S275' The president said, "The law
IS clear that if a man, who knows that a
dog belonging to him is vicious and adj.
dicted to biting persons, neglect to take
proper and effectual precautions for re.
'trainlDg the dog from running at large,
he owner is responsible for any injury
which may arise to any person from the
'iciousness and iII>Iemper Of the dog"
Nat. Gaz.
The audience at the Liverpool theatre
we're amused last Monday by the perfor-
nance of two gentlemen--beiDg as is
presumed, the 'Grst appearance" of eli.
her sen any stage In the play bill of
hat evening, it was announced, that Ga
gentleman of Liverpool would be found
at home IN IMITATION Of Mr.. Mathews
Immediately on the appearance of this
,mllator, his indignant father, leapiDg
rom side box, applied good ash plant
70 vigorously to the shoulders of the
'ouDg asfiranG for hisIrionic fame, that
he quickly vanished from the stage. The