davidaulloa/AmericanStories huggingface dataset:
The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1851-03-27
NUMBER 9.
THE LAW OF ttsuRY.

4 To constitute usury il is hot necessary that
more than the leg al rate of interest should
be stipulated for, and agIeed in terms TO be
given. II IS sufficient il more than that he
taken at the time of the loan with the know
ledge ol the pprties to the contract The
paying and receiving Of more than legal IN.
teres,, world show the implied agreement,
and the true intention OF the lender. II,
however, the excess was paid by reason of
miscacuaion, or mistake, it would, Of
course, afford no evidence of a corrupt
agreement There can be no usury without
an intention to take more than legal interest,
and il cannot exist If either of the parties
remain ignorant of the us,srious reservation.
Even where more than lawful interest is re-.
served with the knowledge OF the lender,
but without tina; of the borrower, the trans.
action is not usurious. Igiorance of the
law. however, affords no excuse, if the par
ties are aware of all the facts: and where
more Than legal interest is reserved, or taken
by party TO contract, upon a mistaken
supposioh of legal right TO do SO, il is
nevertheless corrupt agreement within the
s'atue.-Therefore if mode of calculation
be adopted which gives to the creditor more
than legal interest, and the lender knows Il
will have that effect, he is guilty of usury,
although he may moi suspect that he is vic.
laling law.
Where pre-existing valid debt !. incor.
porated in security, given in part for usn.
rous loan the instrument is void. The law.
tul and nsurous considerations cannot he
separated so as 10 uphold the security ia
part, IN proportion TO the amoun, of the valid
Indebtedness. The whole is nulliiy. But
the legal debt is not affected, and may be
recovered, without regard TO the usurious
contract.
Where, on the loan Of money there is, an
usutious agreement, Il is not material whelh-
er the illegal premium be actually paid, or
only promised. The contract is entire, and
upon lis terms, taken together, depends the
question of usnry. The amount of money,
therefore, in lact paid, is Of no consequence
'Ho'S'Oit pio'iuSd tiCtC 10
ing between the parties that the illegal pre-
MUM shall in future be advanced. Nor is
it matter Of any legal importance, whether
the contracts is contained in a single insiru.
ment, or embraced in several writings. Tha
law cannot be eS,ded By any attempt at 81.
visibility. All the acts of The pa,iies at the
time, are regarded as single transaction,
forming but one agreement. Consequently,
If Ore note be taken for the the sum actually
loaned, and Another for the usurious premi-
ums, both securities are equally void.
The contract may be partly in wiring, and
partly BY parol, in which case oral evidence
is admissible, to show the real agreement.---
So that if notice is given merely for the
sum lent, with lawful interest, If there be
a verbal agreement TO pay usury, the instru-
ment is illegal and void.
The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1851-03-27

~ The following poem by MARTIN F.
TUPpER, the author OF "Proverbial Philoso-
phy," has been kindly sent us for publica.
ton. Many of ou, readers will be pleased
to learn that Mn. upper has just arrived in
this country, and is now in New York.
tn rts n ITNtON
The New York herald., 1851-09-25
BuokIyn CITY InseIifgcnce.

THr Loso ISLAND R.,LnoAD-Tr Usr or Swan ~
ATLANTIC srngrr rSsLLs Pnomsrrp.--It win be re
membered that In the mouth Of June Last the Common
Council Of Brooklyn p,esed riinsDcc prohibiting the
Of steam By the above railroad within the city its
and that the company obtained injunction restrain
Ing the corporation from taking any action that crd
psnce. At the commence ment Of the present term
motion ives made 10 dissolve that Injunction, and Jcdgs
Borculo, who presided reerved his decision On Mon
dsy last the corporation counsel received order from
the Judge dsoving the Injunction but unaccompanied
~ any written opinion The points raised the aryn
the company the,r act of April "A, 1sJi had
thoty to prescribe the pc~er by which their cars
70 be propelled except within the city tf BrookyD,
where they required tho consent of the corporation and
coptended that the city being enlarged they still had
the right far the former bou ndary (Which would
be at the junction 81 Boerun and Atlsntio street,
That they had subsequently obtained n lease Of the
ground now occupied by the railroad fyr fortyfour
years frcm the corporation. at the antusi rent CO
s33 aco; and that In Msrch, 1876 the Common Council
had psssed ordinance authorizing the Of se IN In
since exorcifed And that in consequence of some petit
tious from the inha bsnts that year an Arrange mt
wss entered into BY the company and ths Common
Council, BY which tbs company to construct tun
mel through Atlantic street, and the Common Council
was 10 al0w the priylecs Of using steam In the
aid tunnd end through the r,st Of Atlantic s.reeti
sId In Pursusncv q that arrangement the tun-
nj 1as ccpstructed at cost of hundrtd
thou Snd d0lsEs, asd tho psntins maintained thst
- Common Council bad expressly granted 70 h-m
tfr sht 10 steam upon the railroad, which grant,
made Ter valid confederation, they could MT
fsytte ard after pointing out the injury that the
tsby would sustain the complaint preceded th,. the
ofdiuarce wee contrary equity aud good consoenos
and ouaht TO be restrained Appended t. the complain
s cory g the ordtuaocr Prshtihs permission 60 Ga
cen pany 90 use steam Asrtic street dasoc March
10 is44 by which the rate al which tha ear were a. h.
trotsd between the Nhtif a. t1e East river aai t,e
tr,h az the tunue wee Lot to exceed fovr niioa a
cor under re6slY q % t2r cseh SgvRce .ad H. wss
The New York herald., 1851-09-25
Caty Intelligence.

DEATH on THE EH~ HAVEN RAILROAD --Csroner Geer
was Tuesday called to hold ialuest at the City Hos
pital on the body Of unknown who TO his
death by being over by the locomotive belonging to
the New Haven where In the vicinity of the
upper depot The deceased, understand, vas had
been iaborer In the employ Of this railroad company
Mr.. John Nelson, u Of this city who died Monday
evening IN the 0fiythird year Of his age Mr.. Nelson
gentleman well known la this city for his sstimabe
qualities ana has lott be hind him circle Of friends in
tons been present ed to the public in tho pages Of
the old New York Rer.w and recently in those Of
the Knick,tOobe Mr Nelson bad suffered acutely for
a week previous 10 hs death, and Saturday at
tackled with dropsy the brain, when he became nsen-
sible and continued up to the time OF his death.
ExouRsror. children Of the Sixteenth Ward Mis-
sion sunday School, TO the number Of two husdred
ceeded their annual excursion on Friday last, aud
visited the In sttuon fer the Blind and that for the
Deaf and Dumb The stages for their conveyance
gratuitously supplied by Messrs kipp Brown, and
other siege proprietcrs.
MmITARy.-The Montgomery Rifles, Captain Wall, Of
Paterson n j. received their arrival Monday
morning, at the Paterson and Ramapo Railway depot
the command Of Captain Murray. They visited the
Bro Navy Yard and the other places of interest in
this city and Brooklyn.
The Hudson Guards. Captain Oliver on Tuesday went
the best shooting Ly the following membors:
First by VIM. Guest, second silver watch, by Virgil
Hoffman; third, silver cup, by Lieutenant Hample
fourth silver cup, by James Boleyi 6th silver cup
by John Gardiner.
The MArcr .sp rHr SrAaE DRIrgns--rhrough the
cessary body of have been well regulated and IL Is
to BE- hoped that they wiil continue The same
not be said OF the hackmen, number OF them have
been fined during the past week varying from i've
established for their strot observance and the conve
nence Of the public.
The New York herald., 1851-09-25

ineupbent % Chrstian." Next he must b the hus-
bad q one wt-A presept sueient In itself to prove
THAI The ftrietest purity of manners is demanded and
that the copuga relation V entirely consistent with the
most sacred functions and the most exemplary holiness
"a Prscept moreover evsrthrowins the very fouad.-
on Of the doctrine Of devils the anti Christian prohi
btion o. marriage to ths clergy and all s concurrent
and consequent mischiefs
Christian bishop must have more than this TO nt him
for his isborous and weghty ofce The next epithets
seem to form . character, and no wonder that Paul
should Geek much from Christian ministers since
must be vgilantv not one Of sothful and indolent
temper, who would sleep over 30 high and sacred .
charge sober moderate in all his desires and indul-
eenoee according to the etymoogy of the word
OF sound mind having good understanding, aud the
complete government of all bis passions Of good beha
vor" that is, behavior composed and solid not light
vain and frothy and which guards against those u
decorums which expose men to contempt, even where
there Is nothing grossly Vicious their conduct Given
his ability and the which furnished 10 him by
the church which he presides and "ap to teach
both capable Of instructipg Others and prompt to
brace every occasion of doing 1t In public private
Another point Of great Importance in the character OF
bishop priest or deacon is freedom from every measure
OF ntempefance. Not given to wnen 1t Is supposed
does not mean here drunkenness since Il Is likely
that any one stained with such vice would be elected
but rather that inordnate attsc hment wine which
gives the character Of wine bbber- that sitteth
long over wine" (Doddridge) a character which
poses even the wording TO the and of be-
holders. but In minister Of cd Is scandaous, units
him for duty. and even among his boon companions
brands him with contempt. The term 6 striker" is
usually taken In pt ysca 1t Is said Of Bishop
Bonner Of infamous memory that when examining poor
Protestans whom he termed heretics when ted by
them In argument he was used 70 emte them with his
fists and sometimes scourge and whip them II Is OBJ
jected therefore that 1t Is great matter I'm day
for bishop to abstain from this and that the term
ther denotes not addicted TO wrangng in controversy
10 litigation In his temporal affairs.
Nor must he be greedy Of filthy lucre-one who would
make his ministry to trucke to any secular dessn or
interest," and mean base and sordd Of getting
gam But, on the contrary he must patient viii
ling TO put up with wrongs rather than re urn them
The New York herald., 1851-09-25
Circular Instructions to Collectors and
other officers Of the Customs.

TREASURY DEPARTMEyT, sept 10, 1901.
1t deemed expcdent for the better security Of the
public from inpositions and frauds to modify
the circular instructions No So issued by the depart
MT under the date of the27th February 1850 in
gard to goods and merchandise Of The growth pro-
duction acture Of the United States likewise
articles Of foreign origin upon which the import duties
shall have been paid tram ported from port OF
United states to another port within the same via the
Isthmus of Panama.
The following rules and regulation, are prescribed and
strict conformity Herewith eDjoined upon collectors
and parties interested Where goods wares or mer
chaLdise, Ct the description before noned, in
tended to be transported from any port Of the United
States situated either the Atlantic Pacific
board 10 any other port within the United States TO be
conveyed carried the Isthnus Of Tehuanepee
the thnus Of Penana or over the San Juan de N!cara
First II is to be distinctly understood that the law
does not authorize either drawback warehouse goods
under bond to BE- transported by the before ind
Gated and become entitled 10 the privileges Of ths draw
back and warehousing act.
second Parties wishing to ship goods for Transports
tion by the routes above mentioned must before ang
the board the vessel at the port Of shipment.
give at least ie hours notice In writing 10 the collector
Of said port Of his intention to make the Shipment de-
whereupon the collector will direct an inspector Of tao
customs to examine and superintcud the boxing pack
ing casing the case may be, Of the good., which
must be securely corded, and lead seal attached
thereto by raid ocer to prevent the boxes bales cases
packages from being opened Tne expenses Of cordng
and sealing to be paid 10y the owner Of the goods The
inspector viii make due return to the collector, de-
scribirg the goods, and the marks placed upon the
packages, boxes, sc
the bales boots packages duly certified by the
Inspector must be presented to the Collector mani
ton of the statistical act Of the 10th February 1920
These nvocss Gill be countersiyned by the Collector
one TO be attached TO the manifest handed to the ship
per another retained by the Collector and the third de-
poited In tie post Office the day the inifest
outward is made DIE a to the Collector Of the port
Of the United States 10 which the goods may be dsS
tined.
Fourth Upon arrival OF the goods az the designated
the Unred states and the production st the Gus
The New York herald., 1851-09-25
Our California Cerrespsnasnss.

SAN JOSE, Santa Clara Co., Aug. 20, 1851.
Desire of Sssthn~ California to Be made Stare
State-Polsiml Afa1s-Spamish Gyu~ts-Rs-
gioSs Intelligence.
beg leave to state to you that majority Of the
voters of California in favor of dividing 1t into
two States, to be called North and South Califof-
mia, and the latter to be q slavo State.
Party spirit is well up here, and thers will be .
close run for Governor. The democratic candidate
win probably be elected, as we'll as majority Of
democrats in the next Legislature.
There is great excitement among our citizens,
at the present time in consequence OF the squsttng
on the public lands by new comers.
The Spanish grants are great drawback to the
settlement Of the country.
There is quite q revival in religion here, many
turning oyer to the Lords side. On the Sth inst,
the Baptist Society commenced a meeting, to con-
tnue three days, for the purpose Of converting sin
uers and reclaiming backslders.
The New York herald., 1851-09-25
Naval ruferrfu~use.

We understand that the order 90 Conman andcr n D
Cunniuehsm. detoohng BIN from duty at the Gospoft
Navy lsId end ordering hhn 10 tho command VI the
N1vy Yard at MemT his. Tenn, has lean regOkcd and
that be b. ordered 10 his dUt- ~ the Navy Yard
JTi. ord,r q Commander buchanan to the Nay Yard
IN biz place has b,tn re.clndd and DC left to-day foe
hl. Iullence ia Maryland --Ho,J,1 BvQSon.
The New York herald., 1851-09-25
AFFAIRS OF THE CITY AND VICINITY.
Police Intenlgcnce.


Ssss'rx Dry Goods "A man calling hiussf James Ro-
binso., was arrssted Tuesday BY Assistant Captain
oBrsn Of the Fourteenth ward charge Of stealing
hand cart containing quantity Of dry goods valued at
sac l6 1t that two store ksepes residing In
Canal street and the other Centre street. had pur
chased each Lot Of dry goods at the store Of Van Wyck
Brothers suctioneers doing buases at he Of
william street aod Exchange place, and public porter
street had been employed to take the goods the resi-
dence Of the purchasers and tho way there he stop
ped .t the corner Of Canal and Centre streets left his
cart for short for the purpose Of sscerainipg the
whereabouts Of the owners Of the goods his return
he found that hs cart and goods had been conveyed
at the Of Hester and Centre streets Whsn dis
covered ht attempted to escape but before he could
So Mcdonald seized hold Of the thief kept him se
cure until the police and took him into custody
The accused conveyed before Justice Mouutfort,
who committed him to prison for trial the charge
TIE Larceny in ne Eleventh ,rdYd--A man named
Moees Slime arrested Monday last, (ss stated
previously charged with breaking open trunk and
silver Watches the property Of Joseph stern at No i97
Houston street. and afterwards setting IRE TO the con-
tents trunk On Tuesday the accused acknowledged
his guilt gave information to the police relative to
the concealment Of the stolen property The officers
accordingly went to the premises OF a man residing
property The in whose possession the stolen ar
tices found also taken into custody and con
veyed before Justice Mountfort who committed him to
prison to answer charge frceeivng stolen goods know
ing the same to have been dishonesty obtained.
Charge Of SeGtin, Sl26-Ofhccr Sherridon, OF the
Fourth ard police arrested on Tuesdsy on suspicion
man named Charles johnson, on q charge Of stealing
Sl25 ftm the person Of William Gibson appears that
the accused and the complainant visiting several
places together In the Fourth ward, and after short
time Gibson examining his pockets. discovered that
he had been robbed OF SIS. Suspicion rested on
Johnson and the result the police took hun into
custody the charge, and on searching his person,
500 In bank bills found in his possession, which Is
supposed to be the majority Of the stolen money Justice
Osborn committed the accused to prifoa for further
The New York herald., 1851-09-25
Call for . uosaenal Dsmscrasae Coavensson.
NEw Yosx, SEPT. ~, 1851.

7
NEw YoRx, SEPT. II, 1851
10 rz1 EDITOR or THE HERAIS.
AZ tns eug9sstsoa Of Mr.. kitchie, Of Virginias
whose letter n: been laid before the public, al
though sursptitiousay obtained. but IL has been
Published, the call for the Democratic National
Convention mast nov be issued. You viii confer Q
great favor upon the National democracy, by pub
fishing the snclosed call, as We have no paper IN
this city to give 1t o general circulation All the
delegates who have been elected to the National
Convention, thus far, by sonventionsi In New hsmp-
shire, Massachusetts,, and Wisconsin, are, ASSURE
their seats. The men who have thus early chosen
dsleeates TO Baltimore, have done so without the
least authority from the central organization OF the
democratic party. Every one knows that the demo-
oracy Of these States could not in the choioe
Of delegates, before the regularly authorized call
was issued. As We have now heard from every
State in the Union IS the suitable time and place
for the Conx enton knowing as We do the extensive
circul alton the Herald has througho the country,
we are desirous of haviag this call appear in your
columns. Respectfully yours,
DEMOCRATIC NATIONAL CONVENTION
The democracy of the several States of tho Union
are hereby requested to choose their quota Of dele
gates to the Democratic National Convention, to
meet at Baltimore op the first Monday in June,
1852, to nominate candidates for President and Vice
President of the United States, for the support of
the democratic republican ele ,tors Representa-.
tion sh ould be in accordance with the new Congress
sionai basis, (with the addition of two Senatorial
6elegates).
Maine--Charise Andrews, Missouri-F p. Blair Jr,
N H.--Jsmes Sanborn, kentucky-J. o. Noble.
Vermont-Horace Clark Texas-C H. Donaldson.
Mass Lewis Jo~stlyn, Arkansas--L A. Whteley,
Conn ID Baldwin, Csla.-Eugeuo Casseriy,
X. .L-Samusi s. foss, 0ho-SaHuei Medary
N York Edwin Croswe,i, Indans-H H. Ellsworth,
n J.--R Wright Ilhnois--Z Eastman
Penn john W. Forney, Mich--M ii. Clark,
Del-Geo Read Riddle, Iowa--Nxthanie Greer,
va-Nm Y. Richie, Wis.-M q. Darling,
N G.-Ecbcrt Strange Maryland b Il Richards,
S. C.--J NJ. Commander, Ala--John Cragin,
Ceorpis-John Forsyth, Louisiana j. Bayou,
Mssissipp-E Bsrksdale Fiorda-Chas II. Dyke,
Tenn-E. q Eastman,
Democratic National Committee.
The New York herald., 1851-09-25

Soc Nun! EnxD ny ms FATHER. Monday,
last week, We loarn from the Fsk0n IN. W Dcsi,-
craf, most brutal murder was commisted Ia ,he
town OF Corogs, In that county, by John Spruny,
SEN lie son, Jehn Sprung, Jr., for 80 ne wecEs
past had been oonined 10 bis bed, in consequence
of fractured limb. The day preceding the trsgs-
cal occurrence the Jcung man was discharged from
tne dootofs lHt, was In excellent spirits enjoyed
good appetite, en-! bis limb was fast recovering.
About ten o'clock the accused, who Is addicted 10
Interrogation, return cd homo from Newkirk's Mills.
somewhat disguised by liquor, and Immediately
commences the msss Violent abuse II his hell pless
SON and waxing warmer in his threats aud denunca-
uons, be hnaly approached the bed Of his disabled
victim, aud gsye won't 10 bis domoniae spris by as
saultrg him in the most iDhuman manner The
mother int IcreJ in behalf of her dying som scyes,
times, when she was violently thrust out of the
rvon, who're cha reIn aiued several mingtce In q
state o. rtcnsibility tho monster m tho ncsntins
continuing bis assaults upon tho young man. whs
imploiii giy begged Cor has life But his ssppo.s-
tors were UNDECIDED bis dying rsqu,sts scsO de
7 stiVtd ~ bic brutal father Ine desea.el Al a
IT. iest usn On hoaf altcr the assaais ass 60 nmt.
tod upon h,m.
The New York herald., 1851-09-25
Dessh OF Bernard >. Neseroie, ,Esg.-IIis Ca.
Teer ~ Drpe< rattle Leader.

Ia our list Of deaths pabhshed In the IieYah on
Monday, was that Of Bernexd J. Ne Ierol,, who ex-
pired st his residence, In Tsrrytown, Westchestsr
county. on the 2lst instant, In his sixty first year
Mr. Meserolo was long distln. n.ushsd in the politics
Of this city, of the leaders Of the democratic
party. lie was born in Williamsburg. Long Island,
and was Of On ancient IIusaenot family, some Of
whom were among tho early settlers Of staten
Island The family estate was, We believe, very
considerable; but the subject Of this sketch proba
bly, added to his portion Of the inheritance BY
his industry and application TO business. For many
years he vas connected With the New York Custom
House; and during Con. Jackssn's administration,
he vas appointed Asstatt Appraiser for this port,
hn COLLEAGUES IN tia, department in 1S'6 being
lchaeod rral, jeremiah Lognsberry, and Philip
Thomas
The political insuenee Of Mr.. MeseroIe was par.
ticulsriy felt in the Tenth ward, which, for long
time, was the stronghold of the city democracy In
1877, he vas elected Assistants Alderman Of that
ward. and In lS2s ard - be was chosen Alderman
for the Same, with Thomas Jeremiah for Assistant.
who succeeded him Alderman His colleague,
elected In 1ez7, was Alderman Gideon Ostrander
who, amer doing much poli,.csl service, still sur
wives, having long eince retired TO private ife and
apparently enjoying good health in his declining
yeas
The colleagues Of MIR Neserols in the Board Of
hldermen, in lsZs, were John Y. Zebra, William
w. Mott, Samuel evens, Isaac Brown, David
Rogers, John Lower, Wiihsn =. Coo, Benjamin M
Brown, John X. Peters, Jeremiah Dodge, Gideon
lee, Jsmes Palmer, and Thomas L. Woodruff. Of
whom, We believe, six ere stiu living. Most Of the
.ea1es o. the two political parties who foUrished
.sthV years since. have psssed of tae ttage, and
tne men OF another generation have taksn their
places Among the Old TsmmAny Hall leaders
ene s,i survive, but hsve retired from active
poiihcai We, are stephen Allen Gideon Ostrsnder
ohn Zebra, Ssu Alley. Peter = TITUS Charles
.ispfy hsl Cornsllas " Lawrence, Ibomas T.
Woociuh, lsaac J. Narisr. Thomas Ierenniah. 81 q
Nsmnreing, and Myndsrt Van Schsick The
master spirit Of the managers q The parrv at Tam
many Hal. IN former times, was tke late John
Tagce, who hello the most remarkable svav a. a
counsellor, end sometimes Dictator to the dcno.
cratic party. Not oniy tho leaders of the crao.
crscy IN this city, bus Mr.. Ven Bursn ana o.bsr
members Of the regency ~ Albany, we're In tbs
habit q consulting Mr. Tarsee Vith REGARD HI
party movements, during great portion Of bis
political career and bis iuaueBco was generally felt
IN nomipstiops and arpoininchts 10 Office Mr.
Ncsaole vas sisc rfohlirctt counsal0r sk To a
many liali. ard his position, AZ a favnriteofthe
Tonih werd dCuCci sts enabled han Offer % exert
isoh ipGuct Sc ssh. ..usi n ib9 Bovenonts Of the
arty.
The New York herald., 1851-09-25

Democratic National Committee.
All democratic papers throughout the country
arc reque sted to publish the above call.
The New York herald., 1851-09-25

Mississippi-E, Barksdaie
Tenn. e. Eastman,