davidaulloa/AmericanStories huggingface dataset:
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
THE COURT OF APPEALS.

Among The various changes which may
take place in the organization of the gov
eminent of Virginia, under the new Con-
sttution, none will more deeply affect us
than those which relate to our judiciary.
1t belongs to that branch Of the govern
ment to bear the scales, ia which the
rights of every member of community are
weighed, and the sword by which every
invasion of those rights is redressed or
punished.
1t is the watchful care of the judiciary
that gives safety and security to our homes,
and our fresides, and to the egls of the
law we are indebted for the enjoyment OF
life, liberty and property. The wise, the
firm and noiseless steps Of the Judiciary,
mark the ascent of States in their march
to the highest improvements in moral, le-
gal and political science.
1t therefore cannot be out Of place to
discuss in the columns of newspaper, 81
before the people at large, some few of the
features which ought to belong to the high
est judicial tribunal Of the commonwealth
the court OF last resort.
This task is undertaken with feelings Of
entire respect for the very able aud dlstIn.
gushed gentlemen, who now preside in
the Court of Appeals, and for the learned
gentlemen of that bar, whose professional
labors reflect credit on their country; and
1t Is hoped that nothing in the course Of
the following remarks, will be considered
dIscourteous towards either.
The first reflections which suggest
themselves in relation to this Court, is
its indivisible character, and the ne
cessity Of preserving and securing at
all times therein, the services Of gentlemen
of the highest legal attaInments, combined
with the greatest scope of mind, purity Of
morals, and suayity of manners.
The indivisibility ofthe Court, whether
composed of few, or many, is essential to
the establishment and preservation of uni
form rules of decision throughout the COM
as no community could long
bear with a double Interpretation OF its
laws, by which the same code might result
n giving different canons of property in diff.
ferent parts of the same State.
The indlvisibIe IL .rac,er of the Court,
however, by no means implies a necessity
Tor Its liked location at the seat of govern
nent:-whlle the Court is uniformly com
posed OF the same persons, its duties may
and ought to be performed at different pla- !
;es; not, It is true, at points so numerous
As Inc2nvenIently to press upon the time Of /
he I'D ges, or leave them without the aid |
'f as sjequate library, and an able and !
earned 0ar,-5ut sufficiently so, to place
hem al stated periods in the two great di-
visions of the State.
Although holding the Court Of Appeals
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
ANNrAL TREAsURY REPORT.

The National Intelligencer gives the fol-
lowing sketch of this document.
The annual report of the Secretary OF
the Treasury was yesterday received by
both houses of Congress. From this re-
port 1t appears that the receipts into the
treasury in the year 1929, were, from Gus
toms. twenty-five millions SIX hundred and
eighty-oEe thousand, nine hundred aud
sixty-fve dollars and uinety-one cents ;
from sales ofpubhc lands, one million i've
hundred and seventeen thousand one hum
dred and sevenly-hve dollars and thirteen
cents; from dividends on bank stock, four
hundred and ninety thousand dollars; incl
dental receipts. one hundred and thirty
eigh. thousand four hundred and eIghty-slX
dollars and thirty-iour cents; making alto
gether tweniy-lour millions eight hundred
and tweuiy-seyen thousand SIX hundred
and twenty-seYen dollars and thirty eight
cents.
The receipts into the treasury for the
three first quarters OF the present year,
1880, were, from customs, seventeen mil
lions two hundred and slxy-eight thousand
one hundred and twenty-five dollars and
seventy four cents sales of lands, one
million two hundred and ninety-three thou
sand seven hundred and nineteen dollars
and twonty-seyen cents; bank dividends,
four hundred and ninety thousand dollars;
miscellaneous, eighty-iour thousand one
hundred and seyenty-six dollars and seven
ty-eight cents; estimated receipts for the
fourth quarter, from all sources, five mil
hons and twenty-five thousand Gollars;-
making altogether twenV-tour millions one
hundred and sixty-one thousand and egh-
teen dollars and fifty nine cents.
II the estimated receipts Of the fourth
quarter Of the present year be correct, there
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
CON&RNSS.
HOUSE OF REPRESENTATIVES,,
THURsDAY, Dec. l6.
IN motion of Mr.. Sprigg, it was

On motion of Mr.. Sprigg, IT was
Resolved. That the Committee on Roads
and Canals be instructed to inquire iato
the expediency of making an aPProPrla-
ton for the complete repair of the Cum
berland road, and of adopting some eitec-
tual mode for its permanent preservation;
and that they report by bill otherwise.
Mr.. Irwin, of Ohio, gave notce that on
Monday. he should move that the House
40 into a Committee ofthe Whole, on the
Bin to establish an armony on the western
waters.
The Speaker presented a message re,
ceived from the President Of the Unl'ed
States stating that some of the Marshals
of the United States had not had sufficient
time TO prepare the returns Of the census
and submitted to the House what arrange
ments should be adotped on the subject
Mr.. Polk moved that it be referred toa
select committee Of seven members, and
that it be printed; which was agreed TO-
The Speaker also presented a commu-
nication from the Secretary Of War, on the
subject of improving the navigation OF the
Ohio and Mississippi rivers.
Twas committed to a Committee OF the
Whole, and ordered to be printed.
FRIDAY, DEC. II.
The following resolution, offered yester'
day by MIR. Hemphill, and directed to be
laid on the table for one day, was consId'
cred and agreed to:
Resolved, That the President of the
United States be requested to transmit to
Congress a statement of the expenditures
heretofore made for internal improvements
specifying the several works and the eX-
penditure upon each; statement oil the es-
,imated expense ofthe works oflnternal I'M
provement of which surveys have been
made; together with a like statement Of
the estimated expense Of other works pro-
iected and partially surveyed.
December p.
Mr. McDuffie, from the select commit
tee on that part of the Presidents Message
which recommends an amendment OF the
constitution as to the re-ehglbillty of the
! President of the United States, reported
the following Joint resolution, which was
read twice, and committed to the commit
tee of the whole house, and ordered to b'
printed.
Resolved by the Senate and House o
Representatives of the United States o
America, two-thirds of both houses con
GyT8HsrIEhi6tih o OF allaTpg. iaWendm1se5H,t IS Is
proposed to the several states, TO be vallC
to all intents ard purposes as part of th'
said constitution, when ratified by the LIE
gislatures of three-fOurths of said states
VIZ.
No person shall be hereafter eligible Il
the office of President of the United States
who shall have been previously elected Il
the SAID office, and who shall have accept
ed the same, or exercised the power'
thereof
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
committee have leave TO report by bill or
BY MR.. GILMER.

otherwise.
BY Mr.. GILMEK.
Resolyed, That the committee OF Courts
of Justice be instructed to enquire mo 'ie
expedlency of repeating the several laws
authorising distresses for rents
ResoIved, That the committee OF courts
of Justice be instructed TO enquire INTO the
expedency of repeating the laws coiccrii-
ing forthcoming bonds.
BY MR.. JACKSON.
ResOzved, That the committee on Roads
and Internal Navigation be instructed TO
enquire whether any additional legislation
i necessary. to secure to the citizens OF
this commonwealth the use of the naviga-
BILE water-courses thereof in their SAID
dams, &c. -
Resolyed, That the committee for Courts
Of Justice, be instructed to enquire INTO the
expediency OF so amending the laws oil ms
Commonwealth, in relation to rent and the
prosecution of the writ of replevln, as to
supercede the necessity Of the avowant IN
his avowry setting forth his title
Resolyed. That a select committee be
appointed to enquire what remedy should
be provided by law TO secure TO the ac'ua,
occupants, and bona tide settlers oil land
on the western waters, under ultlesIderlved
from the Commonwealth, when they shali
have been evicted by title paramount, a
fair and equitable compensation tor the
improvements they may have put on SAID
lands.
2d What remedy should be provided
nv law for the adjustment Of the conflicting
titles TO said lands.-3d. What Legislation
is necessary and proper with reference tt
land returned delinquent for the non-pay'
mpnt Of taxes.-And 4th. To enquire into
the expediency of providing by law toI
the REIMBURSEMENT of the rights vested II
the Commonwealth by forfeiture or other
wise. Of the paramount legal title, to tht
actual occupant and bona tide settler o
said lands, who shall shew a title derived
from the Commonwealth, and that ne has
regularly paid the taxes due thereon
BY MR.. MARSHALL.
ResoZoed, That the committee for Courts
Of Justice be instructed to enquire INTO thu
exoediency of extending the jurisdiction o.
Justices of the Peace to cases where the
subject in controversy shall exceed twenty
dollars, sc. &c. 90
HOUSE OF DELEGATEs-Dec. TO-
Mr.. Campbell, according 10 order, pre-
scented "a bill to amend an act entitled al
act to authorize the raising OF money by
Lottery for the purpose therein mentioned
TThe erection of wall at the town o
Welsburgh
A resolution from the committee TO
Courts of Justice, was read and agreed to
declaring it inexpedient to repeal the laws
authorizing distresses for rent.
On motion of Mr. Chichester, 1t was
Resolyed, That the committee on th'
Militia Laws be instructed to enquire INT
the expediency of 50 amending the Law
relative to musters, as to require but on
muster in a year.
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29

nc the Dpblic debt, it is respectfully sug-
o ~ that. in order TO avoid impairlng
the necessary means for the ordinary ex-
no,d;,ures ofthe Government, or encroach-
mo mon the sinking fund, it will be pro-
ne5 hat such reduction take effect at Pc
Rod sufficiently remote for the payment oil
the entire debt, as the reduction made al
the last session will barely leave sufficient
revenue for those objects during the ensu-
ing four years"
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
BY MR.. RIVES.

ReSOiyed, That the-committee on Courts
of Justice be instructed to enquire into the
eXpediency of designating, III the new Or
ganization of the Court of Appeals, one of
the Judges thereof as Chief Justice or Pre-
sident of said Court.
Res0IUed, That said committee enquire
into the expediency of afording in cases
of fraud, usury and gaming, like remedies
10 Courts OF Law to the remedy now OBJ
tainable in Courts of Equity.
Resolced, That said committee enquire
into the expediency of eliectually suppress
sing the practice - selling or farming the
sheriffdlty and the deputatIon thereof
ResoLoed, That said committee enquire
into the expediency Of requiring the coun-
ty courts to certify to the Executive, with
their recommendation of Justices of the
Peace, whether the persons recommended
have relations or connections already on
the bench-Or some other mode of proven
ting the accumulation of members of the
same family on the county court bench.
Resolred, That said committee enquire
into the expediency of prohibiting the
county courts from appointing or recon-
mending to the Executive, members Of
their own body for offices other than the
sheriffalty and in the militia.
ResOlged, That said committee enquire
into the expedency Of authorisng the
county and corporation courts to decide
what portion of the fees Of their respective
courts shall be allowed to the clerk as
for his services. and TO ap-
ply The residue TO the payment of county
and parish. charges and the support of
primary schools within their respective
counties and corporations. And that said
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
HAVANA.

A letter 10 the editors Of the Baltimore
American from their correspondent at la
vara, under date of20th November, sialeS
that the U. S. ship Peacock, after lev
days crulze, probably waiting the expect
ed arrival of the sloop of war from New
York, would return to Havana and san
Immediately for New York or Norfolk
Fresh American Flour had been muea
wanted during the scarcity OF the article \, .
New Orleans, and 400 bbls. from rn'.-
delphia were placed at 9l7. Subseq'eal
ly the cargo of the schr. Emperor, was PS-
ced at SIC 80 Vessels were fast crow
ding in from New Orleans, and the pre- ,s
was expected to fall at once. 1t . ao0sS
that Philadelphia and Baltimore fl0el !,
entirely neglected when N. Orleans f'0''
can be obtained.
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
VIRGINIA LEGISLATURE.
HOUSE OF DELEeArss-Dec. 10.

Mr.. Christian submitted the following
resolutiou-"R esolDed, That the commit
tee on Courts of Justice be instructed TO
enquire into the expediency of so amend
ing the law, relating to the commissions
of sherifs and coroners, as TO provide that
not more than one commission shall be al
lowed on the same debt" &c. Adopted.
The following resolutions were soyerally
proposed and adopted:
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29

We heard, short time since, oil o 'e'I
noble instance Of mercantile honor; ole1
those evidences of right intentions wOIeD
90 far to establish national character w
mercantile uprightness. The house o
Waldo & Ripley, of New York, WHICH
failed few years since, owed large suns
to several individuals in this city, most0 o
which debts were compromised and reless-
ed sa payment of 90 per cent. baIeJ'
the creditors Of that house, IN tbs P'ace'
received each remittance covering 'Do
balance still due. with interest al . Pc
cent. Such probhy deserves, ~ we nopo
will be rewarded with abundant prosPehs,
made doubIy cheering aud bonoraOe v
past reverse.
The total population OF Belgson. county 0''''
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29

The total population Of Beimoni county o'''
according 10 the llte census, Is Sr,94i
Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-12-29
PROM EURORE.

New York, Dec. -.
Ahcr y days "total abstinence we
have at last got a European packet, 'l,
ship De Rham, Capt DePeys'e'' ~ -~'
Havre. by which We have papers 10 ~ ~
4th, inclusive. Until this arrival our 80
test European dates were hi'y-se'en Jay
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26
II'E1iS.
VI I J
Angus, 4, lie

Twelve bales of contraband coarse cloth were
seized, few days SINCE. on the borders oil
Canada by one of the Custom house Officers @
New York. The cloths were so packed as to
look like bale Of furnIture.-So. much FOR
smuggIers.
The amount Of duties secured at the New
York Custom House during the month of April,
was 81. l2S ,3o6-a larger amount lhan has &C
crued in any one month Tor some years.
Inc National Journal has been transferred
by Messrs. lhruston aud Fendall to Messrs
Duncan and Agg
Gen. Duncan Macarthur. well known as one
of the most valisn, heroes of the late war, II
is supposed Will be run by the Clay party in
Ohio, TOR the office oil Governor, in opposition
to Gen. Robert Lucas, the jackson candidate.
During the month ending the I4h inst, 81
600 barrels of Richmond City Mills Flour
made Of new Wheat. were shlpped at thai port
fol snp'h America. 10 fourteen vessels; the
principal part destined for Brasil.
The Female Colonization Society Of FIRE.
dericksburg has made tho Rev. Edward C..
McGuire, the Rev. DIR. Semple. the Rev. john
kober and the Rev. Samuel b. Wilson, life
! members oil the American Colonization Socle.
ty.
Boxes have been placed in the Richmond
and Potomac Steam boats, to receive dona.
lions for Fulions heirs. We hope the plan
VIII yet be universally adopted, notwiibstand-
ing the delay, and that all The benefit calculs
ted from II by IFS projectors may be realized.
letter from the town Of Strand, England,
10 Que OF The London editors, states that Mr.
Goblet had come TO that town to lecture at
shilling head, and The moment he appear.
ed in the street, crowd appeared, carrying
horses heads aud grIdIrons Stuck on polrs, &C.
compared by drum, beating The kosue's
March. Cobbeu attempted The lecture not
understanding, but could noi proceed, aud re.
treated.
A case Of a breach Of marriage promise was
tried al Bel.Alr, (Mary land,) on the l6th inst.
The action was brought by Miss Ann Wade
against Mr.. Charles K. Cockey, in the year
1927. in Baltimore county court, aud removed
by The defendant TO BeI.Ar. The jury return
ed verdict OF So 300 damages. Levin Gale,
Albert Constable and WIN. ii. Collins, Esqrs.
Tor PlsinIif-John Scott. J. d. Maulsby aud
OHIO Scott, Esqrs for Defendant.
Letters from New O,lsans dated the Goth Of
July, say that the city continues healthy the
weather was moist and warm.
All the contents of the 9th No. of the A
merican Quarterly Review are printed. aad II
will he distributed at the regular period: The
titles Of the articles are-l, The GulIstin OF Sa-
d. or Persian Literature-2. Napoleon aud
Bourenne--3. Anthon's Horace-i. Faux
land and Paul Clfford--5. Tanners indian
Narrative Dramatic Literalure-7. BRUSH
Debate CONCERNING Mexico-5. Sunday Mails
g. Life OF SIR Thomas Munro 10. Fanali-
cal <Iuldes.
Daring an excursion lately on the Potomac,
ead whilst the company 0ere aTnusiag tnem.
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26

Snufs, Chewing Tobacco, 81 Segars.
y nh. SUBSCRIBER offers for ,ale. All excellent
- ass 'tnrnt oil ,Snuds. 10 jars, bladders
and bottle. supply OF good Chow ] obacco,
aud superior Il large assort'nea' Of old Span
ish Segars Howell DAVIES.
Aug. &c.
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26
FOUND

,NOIlCE.-Bemgd es,rous 10 close aud set.
Al tie the esaie OF Thomas q. Fowler, dee.
h. speedily rs possible. The nodersigned takes
,h's method OF requesting all persons indebted
to said estate 10 come forward aod selue. Those
having claims against the estate will present
thesn immediately, property authenticated Tor
adjustment Mr.. john Fowler or Sampson
Duigu,d are authorised otrsnsaci the bns,ness
IA my absence. AGNESo b. FOWLER.
Admra. Of Inv. q. Fowler. dec.
Avg. 70. I'm.
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26
ORIrU Y.

DEPARTED this life, on Thursday nighi The
l9Ih inst Al The residence OF Mrs. Oney Huck-
steps, Mr.. JOHN TYLER. ~ the OOH year
OF his aga. Mr., Tyler vas a Soldier OF ihe
Reyolution-he was a soldier under Washing.
Ton, and witnessed the triumph of his co1n-
try's cause al the siege OF Yorktown. In all
The Offices OF lie Mr.. Tyler sustained an ,rrc-
Tnoachable cbardclef-he was upright in all hi,
transactions with men-a Kind neighbor, an
aiieciionaIe husband aud an IndulgenI pareDI,
aud above all. be WAS an hnneSt mamie has
carried Win him 10 the grave name UNSIGNED
by hny wee, aud lel, behind a reputation for
virtue, OF which his relatives aud friends may
well be proud lie died after a lingering con.
inemen which he bore with christian louitnde
lamented by all who knew him--and Il NAV
with great truth be sad, that IN his death 50
cieiy has last one Of lis best memberships wife
an d1eciiouaIe husband. aud his children -
kind parenl-,ilat while they mourn over hi,
loss, they are s0laced with the belief that IN.
has been removed from tins world 10 another
state OF ehisteuce, where tue weary are al
rest"
,on the 9Th lost. after long and
protracted illness, Mrs SARAH {. COUGH,
wife Of William Cough, Esq. OF this county.
- on Saturday the 2lst inst. ALEX
ANDLR 5POIoSoOD, fourth oon OF Alex
ander 5. Henry, OF Campbell, aged two years
and four mont hs.
As the sweet flower that scents the morn,
But wiihers in the rising day;
Thus lovely was the infants dawn,
Thus swiftly fed it's life away.
II died to sin, II died to cares,
But for Ii moment tell the rod
On mouruer such the Lord uacIsres
Such are the children Of our God.
-, on Wednesday night last, in the roth
year Of his age, VM. S1NDIDGE, Of An
herst couoiy' ny industry and fIogsity, the
deceased accumulated N hand ome estate by
his far dealings aud friendly Offices he secured
the esteem vi all who knew him. aud by an
acquitted conscience, lie Was enabled TO say on
HI. death bed come death. am ready 10 NEE,
my God" Thus dieih an honest man--msy
such examples teach U, the "glraigh, way" 10
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26

" UfiGE.--Lost or mlslaid, due bill on
" ncharh ). Ellis, OF one hundred -ad fifty
sik dollars and lvcenls, duo ,hr 9Th May, 1880.
Any Information OF the same viii be gladly re-
ctycd IIIUa. TUCKER.
AR, 1t, L.
Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-08-26
against

PHI.
against
Prosser Powell. sdmr. Of Richard powslI II.
decd. the sail Prosser Powell, and James Lee.
surviving erors. Of Richard Powell, sen. decd,
the sad i,osssr Powell IN MA own righi. Thow.
POWELL, LINDSEY Pddget aud Catherine his wifi,
j Francis Powell, Aon Powell George Powell.
Lucy Z. Leo, Joseph l.. Ice, Charlie, l. Lee.
sally Lee. Francis Le-. Madison Lee, and
Loe,Inian,s by Commissioner Beaash specially
assigned their guardian. Jesse osmlnons and
Ann his wife. aud Elizabeth Powell, Dens.
lh,s canse came on this day 10 De h,ara
on the bill. answers Of tho defendants Prose-,
Powell, Francis Powell. Ana Powell, George
Powell, Lucy 2. Lee, Joseph l., Leo Cbarie,
l. Lre, sally Lee. Francis Leo Madison Leo
and Lee, exhibits, ths dccreiaI or.
ders OF The Goth day Of September, 1925. ard
the 9th da, Of August, 1927, which appear to
have been duly eIecuted on The defeo1ap,s
James Lee and Elizabeth Powell, the ofdrr of
publication against The defendant Thomas Po.-
ell, OF the 81 day oil November, 1889. which an
pears TO have been duly published, and the
sibpBnas awarded therein on the 9th day of
April aud the ID day Of November, 1929.
which appear 10 have been daly served ON tLa
defendants Lindsey Padget and Jesse Sam
mons, and was argued Ivy counsel /: On CON
s,deraion whereof, the court doth order that
Of tbu administration of The estate of Klcha,d
Powell. jr. decd. as also, an acsount OF the I'D
mInstraiion of tho estate OF Rrbaid Powell.
seD. dec. aud report The same 10 The court with
any matters specially stated. thought perl,neot
~ himself, Or required by the parties 10 be SO
stated. and tho court doth tnIiher oTdor that
The defendant Pfosser Powell. do, alter due
notice Tor That purpose ,atisndlhe Commissioner
who may take the SAID account, and answer
IN solemn form such ,n'errogsiories as shalt
then aud there be PRONOUNCED 10 him touching
tho matters IN controversy 10 this suit.
A Copy-Ieste. J. WILLS, &C.
COMM SSIOEEK'o OFFICE.
Lynchburg. Isl July, 1880 &
The parties inieresied 10 tbs cause win take
notice, thai have appointed tuesday iha 18Th
day ~ October Hext, 10 Commence the
accounts directed by the foregoing order of
Court, on winch day. al thu hour Of nine o clock
Ia The morning they are repaired 10 attend at
NY otfc", 10 this town, van Their accounts
vouchers and copy oi courr papers, prepared
i1r examination and set.lemeht.
l.. Is. NoKVELL, Com.
August %. w4w