Hagerstown Mail, January 4, 1839

Hagerstown Mail

January 04, 1839

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Issue date: Friday, January 4, 1839

Pages available: 6

Previous edition: Friday, December 28, 1838

Next edition: Friday, January 11, 1839

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Publication name: Hagerstown Mail

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All text in the Hagerstown Mail January 4, 1839, Page 1.

Hagerstown Mail (Newspaper) - January 4, 1839, Hagers-Town, Maryland THE HACrERSTOWN BY OTT b WEBER. HAGERS-TOWN, MD. FRIDAY, JANUARY 4, 1839. ItULKH Pur ilie Criininol and Civil proceedings of Washington County Court. f1Y Washington County Court, Nov. i) Term. Former rules enterrd lor the regulation pf the proceed of Court be an- lulled, mid thut the following be adojjt- ;d, observed mid eiifmcrd. Rule 1 That the Criminal business nmtnvnee with the mreting of the Court .1 the March and November Terms, ind be proceeded with throughout each iVrm 'he same be ready, hav. "K preference over all other business. That in Criminal cases the Subpoenas be nade returnable and require the attend- ance ol the witnesses at 10 o'clock, A. kf.on the first day of each Term, and n case of non-attendance, nay itsue on application of the Court Rule 2 That the Sheriff make a re- urrj to the Ct-uit ths first day of each Term of all persons that have been com- mitted to his custody, charged with a criminal ofTtnce. since the preceding Term, with the and causes to their jniprisoMiient j Rule 3 "I hat the SheiirT return all j rimlnal Writs together with the Bail} >.inds and other process in relation to j Jriminal on the morning of the j Jay on which the same were returnable, j and before the meeting of the Court; j and that he also return his" panel ol ju- rors on the first day of the Term before Ihe meeting of the Court. j Rule 4 Ordered by the Court that Subpoenas on the Appeal Docket, be made returnable at 10o'clock, A. M. on j the second Monday of the Match and November Terms r.f this Court and ir. j case of non-attendance, attachments may issue if prayed for, and that the business of the Appeal Docket be taken up on j said day and proceeded in until the name be finished, giving preference only to Criminal business Rule 5 That Subpoenas and all other Iprocess in case of allegation against In- Imjker.t Debtors, be made returnable at o'clock en Friday the first week of the j March End November Terms of this j Court, and in case of ncn-af.endance, attachments may issue if prayed for, acd 1 hat said Insolvent cases be taken up on I he day aforesaid and proceeded in until j all such cases are disposed of, giving' jreference to Criminal cases only I Rule 6 That the Road cases be ta- i ken up en the second Tuesday of the j March and November Terms of this j Court and proceeded with until all such j cases are disposed of, giving preference j only to Criminal business, and that Road j cases be made returnable at 9 o'clock. I A. M. on the second Tuesday of the March and November Terms of this Court, and that in case of non-attend- ance, attachments may issue en appli- cation to the Court Rule 7 That the Sheriff return all I writs together with the Bail pieces, ex-! ecutions and other process, on the morn- j ing of the day at which the same were I returnable and before the meeting of j the Court Rule 8 That writs of Scire facias i and attachments be placed on the ap-1 pearance Docket, and that the said j Docket be called over imtnodiatcly on the meeting of the Court at the Match November Terms thereof Rule 9 That the Trial Docket be taken up on the second day of the Court at the March and November Terms; and be proceeded in. in regular course to the end thereof. That Subpoenas for Witnesses on the Trial Docket be made returnable nn the first day of each 1 trm 10 o'clock, A M. and in case ot r.on-; attendance, attachments may issue, if j prayed for. That if a be pasted j over by consent IT sufficient cause shown to the'Cnurt. it shall be postponed until the whole Trial in any action commenced or to be com mtneed in this Court, nor shall any such Attorney, Officer or Deputy be receiv- ed at a security in any bond given to prosecute a writ of error, or an Appeal of any kind, or any Replevin, Retorno, Habendu or any other Bond to prosecute action in this Court, ur become secu- rity for costs in of rules for security for costs Rule 17 That no special offered in C urt be entered in any case without previous notice to ihe adverse party or his attorney, to be given by the Clerk or Sheriff Rule 18 That where a Scire agiinst bail is returned the principal may be surrendered in dis- charge of the bail at any time during the term, but not to extend tu adj-mru- ed terms Rule 19 That all writs nf Scire faci- al ngainst Special which may here- after be issued, shall be issued fifteen days before the return day thereof Rule 20 That in all cases where a rule is laid to employ counsel, the party laying thr same shall be at liberty to serve a copy of such rule upon the adverse party ar.d upon proof of tervlce thereof, the Court will immediately uke up the cause and order il on for Trial, or make such order therein as they in their judgment may think necessary for the trial of the merits of the safr.e, and in all where such rule shall he laid anil no proof of the service thereof, the Court will continue the cause to the suc- ceeding term, when tlie Court will tske up the said cause, snd act upon it in the same manner as if there had been a reg- ular service of the rule, and any expense occasioned by Hie postponement or con. tinuance "f cause, in which such rule shall be laid, shall be paid by 'he party unon whom such rule shall be laid Rule 21 Ordered by the Court, that in all cases, in which surveys are made under Warrants of resurvey issuing from this Court, or in which leave shall be given to the parties to add and amend plats already returned and lodged with the Clerk of this Court, the said plats shall bs returned at least ten days before the meeting of the Court to which such plats shall be returnable, exclusive of the day of return and the day of meet- ing of the Court, otherwise either party (whose neglect or improper conduct shall not have caused such delay in the returns of plats in such shall be entitled to a continuance of such cause without costs Rale 22 Ordered by the Court that the Sheriff and Surveyor of this Court, in all cases of plats returned to this Court, endorse on each the amount of their fees for executing the same, and if amended, their fees on such amendments and on their non-compliance with this rule, no costs shall be allowed or taxed. Rule 23 Ordered by the Court that where any party plaintiff shall be laid under a rule ta give security for the costs of a suir, and claim a continnance of the cause to enable him to comply with the rule, and such cause sliall be continued, the party so laid under a rule shall have until the second day of the succeeding term to comply with the siid rule Rule 24 That the Trial Docket shall be taken up on the first Tuesday of 1 March and November Terms, and Judg- entered in plain eases throughout, and the disputed be marked for trial. The Court will then proceed on the Docket in regular order, requiring each case to be tried or continued for legal cause, whenever it shall be called. Rule 25 That Subpoenas on the E- quity Docket be made returnable on the first'Monday of March and November Terms, and on the first Monday cf the February and July snd in case of non-attendance, attachments may is- Kule 33 A complainant (on giving a receipt for the same) may take out of the Office any Exhibits by him filed and referred to in his Bill, which are not milted by the answer, for the purpose of proving the same, on a Commission. Rule 34 A DC exeat may and shall be dissolved by special order, on the De- filing a bond, executed by him- self and a surety or sureties approved by the Charceiy Court in the same pen- alty which shall have been marked on the ne exeat Writ, conditioned that id case the Complainant shall obtain a De- cree- in his favor, the said Defendant shall either obey, fulhl and perform the said Decree, or render his body to the custody of the Sheriff to whom any writ of attachment or capias ad sat'ufacien- dum shall be directed, for the purpose of compelling a performance of the said Decree, by the said Defendant. Rule 35 On all Sales under Decrees or Orders of the Court, the following allowances to be made to Trustees, Ou Ibe lit 9300 7 per 31 whole 39 du 3J da 4th do 5ib do 6th do ?tb do 8th do 9th do lOih da 6 5 It du Jo do do do do do do do do 12 do 10 50 do 1050 do 9 do 9 do 50 da 750 do M 66 7650 87 96 105 112 50 120 And 3 per cent, on all above dol- lars, beside an allowance for expense) not personal. The above allowances subject to be increased in cases of postponement at REPORT OF THIS Secretary of Treasury. Tat of Secretary of Trrworjr fillt scirly eolnmuiof Clvbe. Finding H telly lit of it iu the "Baltimore Sua" il lo our columai in preference to erowd- out with ihe Report entire. "Mr. Woodbury divide! the whole in- to ten distinct the fir it of which treats of the revenue and expenditures, from which we learn that the estimated balance in the Tieaiury, on the lit of January, 1839, which will then be avail- able and applicable lor public will be 56. This result it arrived at by a comparison of receipt! and expenditure! the first tlirec quar- ter! of the year, and an estimate for the last quarter. The amount of unavailable for the year, is stated at 644 97 of which 97 are de- po.itei with the States, and the balance due from suspended banks, insolvent banks, and part of money in Part second treats the public debt, which includei debt of the corporate cities of the District cf Co- lumbia, assumed by the United States, by act of Congress. Third is a state- ment in relation tn the issue and redemp- tion of Treasury notes; from this it ap- that under the two acts of 1837 and 1838, authorising the issue of the amount of 02 hat been issued; have been redeemed; leaving outstanding 754.550 02. Fart fourth give! explana fotmer reports, and which unchanged. He here speaks of the ic- suntption of specie by the backi, and the gradual reduction of the exchanges, without the hid of a natioi fll back, and entrant! these events with those of a similar character in The persevering policy of the general government to discnurtg: the ust-of small notes, and introduce gold more txien- lively into the currency is favorably of. as also the and fa- cilities afforded by the government to bring about the resumption. The offi- cial returns of the import! and exports of gold and silver for tbe year ending on the 30th of September, 1838, ii given, and the former exceeds the Utter more than fourteen millions. A rigid adhe- rence to the pait policy of the govern- ment recommended ai best suited "to perpetuate the present healthy action of the and a hint is given to the itates to reform their banking institu- tions. This head conclude! with a lean- ing towards the establishment of a sub- treasury, inasmuch as the loaning or de- posits of the public money in is deemed "more injurious than profitable to the banks and their borrowers, as the request of the defendants, or of ex traordmary difficulty or trouble from other circumstances, and to be lessoned in case of negligence, 8cc. at the discre- tion of the Chancery Court. Rule 36 The allowance to a healthy woman in lieu of her right of Dower in Land sold under Decree, to be as follows: If not orer 30 rein 1-7 OTtr 30, and not over 33-2-15 do 39 46-1-8 do 46 64-2 17 do 6-2-1-9 do 62 70-2 19 do 70 MO And tenant by the courtesy thrice as much as the Widow. Rule 37 An answer in Equity, sworn to out of the State, will be received if sworn to before a Justice of the Peace, certified to be so by a Prothonotary or Clerk of a Court under his official seal, or by a Notarv Public, or before a Judge in IxTitn -ing on the Pacific, in my opinion, rtiulrr n to the protection oar c'-mincrci', that _wi least iin s'r.ouM be mitirit-'.iii' ed in that quarter. AccoidiDply. suits, will be taken to i q late the ves- M'ls ordered homo by uthcrs nut Ivss efficient for that 'I'he force opcr.iting coast f T Brazil, under Cotnnicd'.in; John H Kic- olnoii is deemed adequate to the prKte- lion of our comnieicv in that ijniti't' r. In addition to the employed on the West India Miiiitm r.iid in (he Gulf uf Mexico, under Cnwuii.ik.re Al- exander J. Dallas, it i- !cnd aiM'thfi frigate, and in inc'fR'f: the iiiimbtr of slurps of on lhat si'.H'.inii lo seven. The lurue will tlu-n be com- posed of one frigate-, seven sloops war and one small vessel. No reduction cf this force can be rmi- dently made. A frigate and tloop of war, which, a? Stated in the Ir.st annr.ul report of the secretary of the navy, wele then lire- paring for a cruise in the IndUn ssas. under commodore George C. Head, sail- ed from Norfolk on the 6th of May last. Having reason to believe it would C liim to proceed direct for Rio cle Janeiro. It will appear from the estimates far 1839, that the annual expense of the and seisins one of the strip', cl i... j-_ .-._ ........._i thf swines it to one of Mr. Swartwc ut is specially alluded to and the secretary promises to make this the subject of a special report to the President, to be hid before The Secretary continues, that "notwith- standing every prccsution and security heretofore in force, the whole of these defaults, whether by collectors, receiv- ers, or banks, have occurred under the old system of making deposites in a li- nked states Bank or State banks for safe custody." It is supposed that the pro- posed plan of an Independent Treasury with all its checks and guards, will di- minish the number of risks, tend, in several respects, to strengthen the public security. Various arguments are entered into to enforce the views of the Secretary on this point. But few addi- tional officers would be required, and "nn the whole, it is apparent that the system of an Independent Treasury is more plain and simple in its arrange- ments than any other, and much more accordant with that originally in use af- ter the adoption of the Constitution." Part tenth is devoted to several which the amended Bill is filed Kulr 27 That in all cases of Appeals to this Court a Court of Equity, and also ift "f original hil's filed in this Com i as a Equity where the Defendant file his answer hy the rule day, the said Defendant tisled to move the at the succeed- ing term after rule day to dissolve injunction which shall been granted in such and the Courts will the same term proceed to the de- termination of said tnolien Ku3c That nil mtifr-ns ia arrest of be made durinj the when the vrrdict was fiivea. within the day which verdict he lound, aad the paiiv making y a bcr of tfce Bar Kuk >9 Ordered, that the Clerk al- each Jaror that miiwuwd frwm the umttity, shall suit tiniiic on tlit that his in the ay be once, by referring lo Ibe in ihe Indi-xr, Ki DtMh are lOfnbMribrrf. room M Iher prepared after Ike adj-jnrnltctit of For copr of the Glota ftl of ike 9' Sis "f wnrfci be for S3. f nnmrwrof tot No will IK to MV order. known i. P.y it c n kc M. tball EXAMINER'S NOVICE-The vA- hating been appointed ex- hy the of Wash- nelon cininty examine aad whether the pnWic eonvenience requires the following road to be at the walnut tree standing at the northwest corner of Samuel Brum- baugh's field, aad tunning by a straight line to the tarn of the road or lane, leading from Henry house to Hjgerstown, and rawiing thence a. road of lasw to the rwad leadinc; Irow Hagerstown Hereby notice to all ptrsona con- kctcd 1o, thtrc the cccdinp as are directed by Ap- plicable to the ers, aiwder the act for wwtwg and _ i bowadifig lawfls- (which is M Ho. 13) Rate 1J That in aJI wherein a an aSdavit be she attor- niej or parties wotioa file an e-ipics fcy Order ihe Court, wr of Jndges ihcretf, paper as party aiaf he pro- entitled 10, taking Ghantery the frJktturs m the caw _ 52 Tint a Dftlara nr shall be after the rale H shall be the of Clerk ihtttafser as pratlkaMe, wot and an Off.CtT tlill he mlaiMMd -tail trrneil. that ihrr weeiat the place wf beginning Tncsday the 23d day January, at.d proceed to laid NEAGLY PETEH KOOMTZ MICHAEL HAMMOND, of our whole population are probably employed in ihlt useful pur- suit. In seventh are giren, explana- tions cf the estimates nf and ex- penditures, and suggestions on tbe mode of meeting fluctuations in them. Under this head the Secretary sgain urges on the attention of Congress some perma- nent and efficient arrangement for ena- bling the Treasury 10 meet the "fluctu- ations in the income and expenditure to which cur system of finance is peculiar- ly without injury to the pub- lic credit. These fluctuations he con- lends will arise from various causes which have particularly shown them- selves within the past few years; the power to issue treasury notes for a lim- ited ptfiod. and the postponement of the lime of paying the fourth imUlmcit were measures for giving ad ditional securities against dvfiticncies then in prospei t. and the Secretary as that without further legislation, and that at an early day. Ihe preserva- tion of the public faith must be endan- gered, tn view of this he suggens that a permanent power be given to treasuty notes, at all times when means may be required to sustain the public credit.or that equivaleat resource be upon. Pmdence recommend- ed in making strait- ened condition of the treasury requires a reduction; and besides "it is lhat. by the gradual in the tariff, which is in ptogress under the existing laws, the receipts from tows which now average sixteen orsev- enteen yearly, will, by 1842. be w far diminished as not then tn ex- ceed ten or twelve millions. Hence, if the annual rxpetntsdo not by that peri- od wndergji a in degree corresponding, >o as not to snrpara that MM and the few snillwM wl.kh nay then be derived from the the lands, vnpleasant rewrt to aitwihrr the tariff, or to a retail of depotites with Ihe or to permanent loans, will then, if svot Income w- cortail cellanecus matters, in which is promis- ed reports on various among which is included, one oa the progress made in the manufacture of weights and measures, and their distribution among the different States and custom-houses, as well as on the important survey ol the Atlantic coast of tbe United States. Another will be submitted on the erec- tion and discontinuance of light-houses; and others nn the affairs of the General Land Office, and the mint and its branch ts. The payment of the sixth instal- ment due from France, and the fifth from Naples, and its distribution lo those entitled to it, is noticed. The rc- Ccption and investment of the Smithso- nian bequest is alluded to, and will be the subject of a report- It is intended at an caily day to submit a valuable col- lection of in compliance with the calling for information con- expedition under its present organiza- tion will be very considerably less than that required for i: as originally con- templated. The act of congress approved December, 1857, authorized the Presi- dent of ihe U. Spates to employ lic vessels in cruising along the Atlantic coast during the winter season, for the purpose of afTorrtinc: relief to merchant- men in distress. Under this law they were occasionally employed with benefi- cial results. To aid in making the general survey of the coast of the United States, Lieuts Gedney and Blake, with other naval of- ficers, were, on the application of the sec'ry. of the treasury, placed under his directions, end such ether assistance afforded as circumstances permitted. Under the previsions of the act cf Congress of the 28th June last, snd the supplementary act r.f the 9th July fol- lowing, authorising tlie appointment of three coir.peJent persons to test the va- rious inventions which might be present- ed to their notice, for the improvement and safety of steam boilers, a board has been designated by the president to make the requisite examinations and experi- ments, and it is presumed will report the results at the opening of the ensuing session of Congress. number of navy slop and srazs occasionally, as bt inset but it isViow but for an instant. their enemy is closing with them; hs drives them towards a steep lace of rock; they hesitate about the means of t-scciie; Hrnrick is ctnongn tiiem in a motntui. (lie tail, he swings it. to one .ng tlie weight of his v.n towards the at the srv. :hr.-- The zebra falls on its side, he says, 847, and tbe whole annual amount required to pay them is glC3.- 120 S3. Of the stock. gS50.S32 25, owned by ihe fund 1st of October, 1838, the nomi- nal amount of 16 has been di- rected to be sold to meet payments on the 1st of January. 1839, so that the :ic lual capital of the fund for the year 1839, will be only ceruing the number of steamboats, lo- comotives, and other machinery moved by steam within the United Simes, M w'ell as ihe causes of the explosion in steam boilers, and various mailers neeted with that interesting subject. A reorganisation of Ihe Treasury ment is again pressed upnn the alien lion of alteration in Ihe commencement of the fiscal year, and a rcvi-ion of the number and compensa- tion of custom-house officers is mention- ed as still desirable. The employment of more ht ihe merchant service is recommended on acccunt of its tenden- cy to afford additional protection to the lives and property engaged in com- merce, as well to improve the morals of mariners, and prevent smuggling. and RGPORTOF THE. Scerrf W f lie .Ifcrjr. Mr. his report, notices, the navy pinner. Keotidly ihe pension find, and lastly the fnnrf. with j general recommendations M relation to. rick plunges his knife in'oiisc'r-cst. then allows it lo rise and itsn; it kefi-s up with the rest for a short then gradually falls behind :lc wsaktrom t'jc loss ot l.ta'-il. Us com- rades wait for it till Hcniir more ncccssaJy i These in the Ill- 1 amcCwu -Ksfsu-udyn. ilie 'visl.si -R ;o the jncnosfl to carry Irn- tostr my w f -I'.c.Jd.-' 1 had 35is i-rlc rf cnrsy quinces r.T S.cs." Stid finer. t well it .7 .TJC t.'l advice i ,r, "it never wniar: I atn 1 he ar- and si.i'iaJ> can adtqvaU ly fulfill lus lronj{ JITU! imjjns'r reajrDns kecpinje MI cMaWslilliefit of tihr UwalH fall vigor and flcJi'ily. 'J CMnmcndcd hf so nf wile rf 13 United as ihe liave a brcken ri, TM CrtiW the Ihe uxYtilcd pres- bcaniifol angel itl'ii d by tier kighi ret- n, Cliaiity, nrd Lcve, in pan, vtlnt is meant nnl r.fT car hesrd, force, a and IJurt V.y tor liatli The in IIrt.tr D ship of the linr, war. f SweJta pairs, havribtcn rrderc-il home ihe i- w-fe- Mi lie tinny. su: ;