Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1844-06-28
Pripate Ernresses ON .Mnu Ro,.


PriUate Expresses on Mail Routes.-A re-
cent decision in the U. S. Circuit Court, at
Boston, fully justifies our anticipation, that
the sound and rational decision of His Honor,
Judge Sprague, in the case of Kimball, prose-
cuted at the instance of the Postmaster Gener-
al, for carrying letters a railroad route, would
be sustained on appeal to higher tribunal
The Boston Post Of Monday Of last week,
contains the following synopsis Of Judge Sto-
ry's decision:
"The case of Windsor Hatch, for violation
Of the Post Office laws came on for trial on
Saturday before Judges Story and Sprague.-
Mr. Dexter, U. S. Attorney, in reply to a pre-
iiminary question put by Judge Story, said that
he did not expect TO be able to prove that the
owners or agents Of the railroad knew that the
respondent carried letters over their road out of
the mail, contrary to law.
Judge Story at once decided, on this adms-
sion, that there was no case ag anst Mr. Hatch,
and he fully confirmed the ruling of Judge
Sprague, in the case Of Kimball, in the Dis
trct Court, early in May. Indeed, His Honor
went further than Judge Sprague, and ntima-
ted that in order to convict Hatch, il was ne
cessary tor the Government to prove either that
he was an owner of the cars or steamboat in
which the letter was conveyed, or that he con-
veyed il not only with the knowledge on the
on their part that he was violating the law;
that passenger had right to carry for hire,
about his person or otherwise, letters by mail
route, and such letters could not properly be
said to be conveyed by the cars. His Honor,
IN effect, decided that the article must be car
ried as distinct article of transportation -
He also expressed doubt whether CongIess
had ever yet, to any legal intendment, estab-
lshed any post roads. All the acts of Con-
press on this subject, he said, describe the post
roads from one town to another, without defn-
ing the particular route or road intended to be
established as post road.
One part Of the charge against Mr. Hatch
was for setting up foot post from Boston 10
New York on the railroad cars and steamboats,.
His Honor decided that this was contradic-
ton in terms; that a man in no sense could he
said to 90 foot in a railroad car or steamboat;
and that by foot post was intended a ioot
post strictly SO called. He also said that the
sections of the statute upon which the action
was brought were evidently framed to meet
well known practice then existing OF the own
ers of stages and other vehicles, who carried
for hire upon mail routes lie further said that
there was grave and important question be-
hind all this, which was not raised by this case,
but which had been of late agtated, and when
ever a case occurred requiring its decision,
must be decided at Washington by the Su-
preme Court of the United States. This was
whether the United States had any exclusive
right to establish post offices and post routes;
there were many difficulties in maintaining that
power in the United States"
Rumored DueL-We announced under the
head of --latest notices. in yesterdays paper
that duel was on the tapis, TO be fought TINS
morning in Kentucky. We learn that one o.
the parties, Mr. Hopkins, left here YESTERDAY
after practcing few days, to meet Henry
Claw. Jr., at Aberdeen, just below Maysville
This morning. to fight with pistols at ten PAGES
Col. Throckmorton, Of Louisville, Mr. South
gate, and Others, are in company, and intent
to settle the affair if possible. This quarre
originated at Lexington, by young Clay, wh'
ia he Youngest son of the Hon. Henry Clay
calling Hopkins liar. Hopkins sent Clay
challenge, to which Clay replied that ne wa
willing to apologize that ne was nasty, % H.
chance of being shot, and refused to arrang
the matter. If he fights with young Clay, n
will scatch it, for he is said to be as good as
not the best shot in Kentucky.
Gin. Conn.,, June :
Fl. CLAW. Jr. is not the youngest son of tn
farmer of Ashland, but, we believe the second
We have seen four sons OF Mr. Clay at ASH
land, viz: Thomas, Henry, James and JONI
of whom the last is yet, or was recently IN NJ
minority. IhOmdS anu v"i'eS 80 $780,
and Henry is a widower with Two or thre
children. Henry was nominated to represer
the Favette district in the 9th Congress, d.
declined running in favor of Tom Marshal
who was elected
Pistols and Chipalry.--1h Reported Duel-ul
der ibis head the Enquirer of Saturday no ;es
Misunderstanding between Mr. John Clay ana "
Hopkins We have information from u Hs,uO ,s
authority that the dispute between shose genT ;n nr
10 tOnmlnO
excitement produced by the of ardent spirits
The Misunderstanding has been a%ca6iy adlus sue
20 Inc credit of both parties. Mr. Hopkins IS ,Io
Anrsoolis. Md, not from Philadelphia, as has be-
stated.-Cincinnati Gazette.
CoNyIcTIoN-At the last term OF the court
cleyeand Ohio Lyman Kendall, formerly OF tins low
for purloning money from the Cleveland SsoR
His counsel had applied for writ OF error, which
stay proceedings allowed The eass mas o Uds@ to
wealth Of Mr. K. and the high standing oil his iamiiy
IGrcenGcld Gaz. and Cour