The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1840-06-30

yecently been decided in the Court Of Common
Pleas of New York, in which the defence was
Usury. It was upon an action brought by the
Trademarks Bank, to recover the amount of
promissory note, which that bank had discount
ed. The note was for 1891 81, and the interest
was calculated upon 1892 According to the
custom of banks, that where the fractional part
of dollar is more than so cents, the interest is
calculated as upon one dollar. The difference Of
interest thus charged was less than tteO cents
Another ground of the alledged usury was, that
the three days of grace added to the 80 days at
which the note was drawn, made the note fall
due on Sunday, and, according to the regula-
tions of all banks, payment was required on Sat
urday, thus making the charge for interest on
day more than the time, during which the money
would be enjoyed by the borrower. This one
days interest at per cent, amounted to about
II cents, making the whole overcharge about Iea
cents. This was the defence, in answer to which,
the plaintiffs proved the custom of banks to cal
culate interest on all sums above 90 cents as up
en- one dollar, whereas, had the traction been
ess than 80 cents, no interest would have been
charged They also proved the general custom
of banks requiring notes due ON Sunday to be
paid on Saturday.
The Court charged the jury among other in
sttucti0ns, that it was well-established princi-
pie of law, that merely taking interest in advance
is not usury. But if there was an intent to charge
usury, it was the same thing whether the over
charge of interest was large small. But if
deductions are made and paid through error or
mistake, and jury is satisfied that there was no
intent to charge usury, then trifng error, as in
the case before the Court, would not be usuri-
Gus.
If the jury thought that the bank intended, by
charging interest on the fractional parts of the
dollar, or by including the last day of grace
among the others on which they computed the in
terest thus to violate the law, and get more than
the statute allowed, they would find a verdict
against them, and if not, in their faver.
The jury found verdict for the plaintiffs for
the amount of the note and interest thereon from
the period of its maturity.
Gen. Harrison's letter to Judge Berrian, will
be found in our paper to-day. twill be seen
that it is dated on the 18th of November, Just
after the last Presidential election, when he
could have no motive to concfliate the south
yet on the points on which the south is most in
terested he is most explicit. Such letter is worth
ten thousand pledges given to SUIT the present
moment, and made for popular eEsst.
Copy OF a letter from General Harrison to J. NJ.
Berrien, Esq
NEAR NEW LANCASTER, Nov. 4, 1886.
MY DEAR SIR:-This is the first day of leisure
that have had since had the honor to receive |
your letter of the 30th September and avail |
myself of it to answer the three questions YOU |
propose to me, and which are in the following |
words, viz:
LIST. Scan the Congress of the United States,
consistently with the constitution, abolish slavery
either in the States or in the District Of Column
bia?"
I'd. ssDo not good faith and the peace and har-
nony OF the Union require that the. act for the
compromise of the tariff, commonly known as
MIR. Claws bill, SHOULD be carried oft according
to its spirit and intention"
Sd. SIS the principle proclaimed By the domi-
nant party, that tthe spois belong TO the victors
consistent with an honest and patriotic admins
tration of the Office of President of the United
States?n
proceed to answer these questions in the or
der they are proposed.
Ist / do not think that Congress can abolish |
or in any manner interfere with, slavery, as it |
exists in the States, but upon the application of
the States nor abolish slavery In the District of
Columbia, without the consent of the States Of
Virginia and Maryland, and the people of the
District The first would be, In my opinion, a
palpable violation of the constitution, and the
latter breach of faith towards the States have
mentioned, who would certainly not have made
the cession, if they had supposed that it would
ever be used for purpose different from that
which was its object, and SO injurious to them
the location of a free colored population in the
midst of their slave population of the same de-
scription. Nor do | believe that Congress could
deprive the people of the District OF Columbia
of their property without their consent. 1t would
be reviving the doctrine of the tsries of Great
Britain in relation to the powers of Parliament
| over the colonies before the revolutionary war,
and in direct hostility to the principle advanced
| by Lord Chatham, that tswhat was mans own
was absolutely and exclusively his own, and
could not be taken from him, without his con-
sent, given by himself or his legal representa-
tive.n
ID. Good faith and the peace and harmony of
the Union do, in my opinion, require that the
compromise Of the tariff, known as MIR. Clay's
BILL should be carried out according TO its spirit
and intention.
Sd. am decidedly Of opinion that the power of
appointment to office, vested in the Executive of
the United States, by the constitution, should be
used with a single eye to the public advantage,
and not to promote the interests of party. In
deed, that the President of the United States
should belong to no party.
| You are at liberty to use this letter for any
purpose you may think proper.
am, dear sir, with great regard and considera-
ton, your humble servant,
w. III. HARRISON.
THE PETTICOAT SANDER.
a correspondent accompanies the following
extract with comments so severe on the conduct
of Mr.. Allen, that we cannot insert them. We
regret sincerely that Mr. Allen should have o;ven