Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-05-14

modore cambridge will succeed Commodore
Morris at the Charlestown NAVY Yard.
A marine insurance case Ut some interest was
decided On the 22d ultimo in the Supreme Court
of Louisiana, sitting at New Orleans. The an.
nexed report Of it is from the Louisiana AGver-
tiser:
- 1t was in the case Of Lepencott, owner Of
schooner Volant, vs.. Orleans Navigation Com
pany. The circumstances of the case are simply
these: The agents Of the owner Of schooner Vo-
liant, made the following request to the Insurance
Company in writing: g Insurance Is wanted on
the schooner VOlant, for six months, with per-
mission to trade to any port in the West Indies,
Gulf of Mexico. or the United States; what will
be the premium" To which answer was made
by the company, that they would insure her for
:. seven per cent. premium this was signed by
several Of the directors of the company, by writ
ing only the initials Of their names to 1t. Then,
below the agreement, was written the initials oil
the firm of the agents for the owner, after the
word accepted. On the above propositions and
acceptance. the policy oil insurance was made
out in words which changed in some degree the
conditions Of the previous proposition and accept
ance. 1t was as follows: Insurance was granted
for the term OF six months on the schr volant
Indies. y. States, or Gulf of Mexico, excepting
Rio Grande and the Brassos of st. Jago."-
The schooner was lost within the six months on
voyage from the Island of Cuba to Savannah.
Suit was brought on the policy, and decision
gwen in favor of the Insurance Company; be-
cause, according to the provisions therein, New
Orleans was made one Of the termini of the voy-
ages; that is that the schooner was only permit
ted to trade from one Of the ports mentioned and
New Orleans, and not from one port to another
The suit in which the present decision. was CIV
en-, was instituted on the propositioa and accept
ance above stated, all alleging the policy was
wrongfully made out, either through error or
fraud The defendants defence was. that the
first agreement 1.-THE proposition and acceptanCe)
was merged in the latter, 1.-THE policy was not
therefore to be controlled by it; and secondly,
that the proposition and acceptance. although
hnh moral obligation, was not legally binding on
the company. because it was not made and sligo
ej bv the persons which are by law authorized
to make aud sign such contract, for the compa-
nv. This point was left undecided by the court,
because the decision 20 which they came did not
REQUIRE its investigation. They decided that the
company was liable, ON the ground that there
was error or fraud in the filling ny the poficys 1t
being materially different from the agreement on
which the premium was paid"
There is blessed quarrel springing up betw cen
the factons-the Guelphs and Ghebelins ut the
Jackson party in New York, aud the country
will get the rights of the story 1t nothing else -
We copy the following fom the Courier and Flu
quirer OF Wednesday: it is missile at the Alba
ny Argus, the voice Of the regency.
"The fact no longer shouid be concealed, that
if Mr.. Clay had not On the first ballot decided
the election of Mr.. Adams he would have been
elected on the second ba'lui by the very men
who now sustain the money changers. We dare
Mr.. CambreIeng to deny tive dare the Argus
to deny their avoWal at the time that they pre-
ferred Mr.. Adams to General Jackson-we dare
the Argus to deny that he preferred having Mr..
Rochester. an Adams man, for Governor, than
! friend of Andrew Jackson-we dare him to deny
that he denounced the Editor Of the Enquirer bit
tery Cor preferring friend to Jackson:-We
dare the Argus to deny that they came in TO the
support of General Jackson after his election had
become certain; we dare the junta to deny the
charge that they denounced amongst themselves
the original appointments made BY the President,
and determined to take their own time and man
npr of securing that influence at Washington,
which they intended to bring to bear against all
who were not to their interest Can such fac
ton hope to succeed among an intelligent people?
THIS State must be puri6ed-the money changers
must be put down, or the democratic party is in
danger"
Wsst Point.-The following gentlemen have
been invited BY the Secretary of War to attend
the annual examination of cadets at West Point
in June next:-Gen. w. H. Harrison, Ohio; J.
H. Eaton, Esq. Tennessee; Jesse Wharton
Esq Tennessee; DR.. ]. Norman, Virginia; J.
Camack, ESQ. Georgia; Rev. J. NJ. Noel Ken
lucky; H. l.. Ellsworth, Esq Connecticut; W.
Hunter, Esq. Rhode Island; Rev. w. Fisk,
Connecticut; II. Peterkin, Esq. Pennsylvania;
Capt. p. Fritz, Pennsylvania; Gov, B. Pierce.
New Hampshire; DR.. w J. McNeven, New
York; E. Schroeder, ESQ, North Carolina; A.
G. Harrison, Esq. Missouri; Gen. Thomas Ly-
man. Massachusetts,; Col. G. c. Dromgoole.
Virginia; Major General Alexander Maeomb.
U. S. Army; Major Henry Whiting. IS. Ar.
my; Dr. Samuel b. Smith, U. s. Army.