Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-08-27
THE CALLED SESSION

and Ssnate, is really very suggestive This di.
lenma finds quite parallel, or at least an Incl
dent that. to q liberal constuctionist, might be
considered as running parallel some length
It needed only the passage of the motion to ''ad-
here by the Senate, to have made an old
fashioned Prorogue in order. We have had al
readySthe proclamation, OF, asthe English would
say, the Issuing Of warrants, for an unusual
session. The country gentlemen who were ma.
king of to spend the last Of summer on their
estates, found themselves waylaid by the no.
tice. and no~ they cone together, facing again
the same difficulties they LEFT, just as the cava.
lier and the Praise God Bareboncs" Parliament
Of Charles the First did a military aPProPTia-
ton then, as now, was what was wanted;
but the two Houses Of Parliament ccnld'n gree
between themselves, and what was more, with
the Executive. So the old fashioned way was
to pTorogue awhile, and thus bring to bear the
old divine right prerogatiyc, and b. and BY effect
raise to stave off immediate want What
President Pierce is to do ia this juncturc, seems
qaits question among outside politicians:
whether he win feel the Old Hickory spirit
strong within. him and so make strickland liberal
construction yield to the impending exigency, or
whether he will keep on for awhile, writing
proclamations and playing the part of national
hersdman Ito the end that members may be
keptin their seats, and kept making IN effort"
as Mrs. Chick would say, whether anything be
done or not.
But to be serious. A supposable case would
be that the Houses will adjourn without coming
70 IN agreement The same body of men with
no material alteration will meet again next De-
cember Say the House still stands fast to the
proyiso and the Senate refuse to attach it to tho
bill. In the meantime the President, and
through him the army is loudly knocking at the
door of the treasury vault for supplies; but the
House hold the key, and they won't let "a dollar
be touched For certain wise reasons our IA
Tiers provided that all revenue bills and appro-
priations should come from the House, and now
that this constitutionally appointed diSburser
wont name pay day, what is to be dOne?-
There is an outside remedy for all this, and If
we mistake not many of those who calculate
upon the flow will be shoaIed high and dry by
the ebb of the tide. The people in this country
have quiet way of revolutionizing. They nei
thsr want any asssmblage Of the States General
as in France to traverse an injury, nor round
Of bloody assize3 as in England once, to oust
political heretics When once they see the ten
deney Of this dilemma and realize that it is in
deed and truth an iacipiept step of revolution,
they viii turn about and very summary issue
their instructions in these Fall elections. Aad
If they do, although they cannot effect the pres
ent members. yet VIC have no fear but what it
will accomplish ali that can be desired.
The question will come before the people, if
Congress finally adjourns without making an
appropriation, and they viii make their decision.
-Ss&SsS--
Carcxs AND Bills OF ExcuAxar.-There is
no uniform practice, either here or in other cities
with reference to the payment of commercial
bills drawn at sight. In some cases il j. CON
coded that parties on whom such bills are drawn,
are entitled To the usual three days grace, and
it ia allowed; but generally this is denied b1th
among merchants and bankers, and the custom
il 10 pay sight bills on presentation. In tbs ab-
Sence Of any legislative enactment or Judicial
decision in our Courts upon this subject Of
grace, we copy the following decision OF Justice
Barley of the District Court of Ohio, ia u re-
cent case, in which the Court hcld:-
|. That draft of money payable at day
subsequent to its date, although otherwi>. in
the ordinary form of a check, is q bill gt e.
ei1ege, and subject to the NsGJes cIM rules Ht!
aorGr1 bills Of srchange, and ~ such, Is entitled
to dTys for grace.
II. The distinction between bill and check
does not depend upon whether drawn payable
to order or bearer, or whether drawn upon u
bank or banker or not, but it is founded in tho
differences ic nature or character of these two
classes of commercial paper.
Ill. A check and a bill of exchange, though
in many respects similar, are to DO distinguish
cd in the following particulars, to wit:
LIST \ check is drawn upon an existing fund,
and is an absolute transfer or appropriation TO
the holder of SO much money, in the hands of
the drawec, but very frequently drawn in anti
cipation Of funds upon q previously arranged
credit.
I'd The drawer of check is always the prin.
cipal, whereas the drawer Of bin frequently
stands in the position of amere surety.
3D. Although demand of payment and notice
Of non.paymcnt, in due time, may be essential
to hold the endOrser of check, yet failure In
this respect does not discharge tue drawer, uA-
less an actual loss to him can be shown to have
arisen from such delinquency on the part OF tue
holder.
4th. a check requires no acceptance, and
when presented, is presented for payment
9th. It's not protestable, or, in other words,
protest Is not requisite to hold the maker or All
snlOrSer.
4. From these distinguishing Characters
lic, arising out Of the nature of these two class
IS Of epts, it follows, tiSat chess is
;SdstGbks on pFSs5seation and demand, and can
not BE- 1aaas payable on q EpscLtfsI dug IN J0-
E.sft and consequently not entsttsl 70 days u
gTde6
4 Any supposed usage of banks in any Far.
ticular place TO regard drafts upon them, paya-
BILE at day certain, as checks, and not eItitled
10 days Of grace, is inadmiSsable as evidence 10
control the rules flaw in relation to such paper.
-PeHnsylOasidn.
WA4Ea spouT.-An immense water.spout was
seen of Hyannis, Cape Cod about mile from
the shore, on Monday forenoon. In shape il re-
sembled an inverted conc, about sixty feet in
height. 1t shot up with great force, and the i'm
mense mass Of water came plumging down, with
terrific power. 1t is described as fearful aud
grand.