Western Carolinian

              stfrr t*tv-4f a a ' v y ~ i " published weekly by philo » llll'cx salisbury n.c tuesday july ll 1826 vol vll no his the terms of the western carolinian are s-i per an nn or g'2 50 if paid in advance no paper discontinued except at the option gf the editor until 11 arrearages are paid advertisements will he inserted a litty cents per square for tha first insertion and twenty-five cents for each subsequent one all letters addressed to the editor must be f„t p m u h"-y rf ' ■ "■- writs or error and aflpcals from the said each year at the seat of government in superior courts to thi court of appeals in snid territory and continue not longer the cases enumerated in the lirst part than six weeks ( and the members of said of the preceding secjion mil in writs of council shall receive three dollars e ich error ami appeals frijn thi saitl court of per day during their attendance in coun appeals in the suprerte coin of the uni cil and three dollars for every twontj i..l binic miles to be estimated by the actual iiii sec 7 and he it further enacted that t«tic0 from the place uf residence to ihe the clerks of tbe said superior courts seat of government and so distinctly respectively where the ourts nro held certified hy the governor of said tcrri shall keep correct particu»r and regti k>ry in going to and returning front any lar minutes and records olevcry day's meeting of the legislative council once proceedings of the said couts and the ' n c ' c h session and no more ; and the said clerks marshals and di r ict uttor ° r l election shall he held on tho first neys shall respectively recciv for their monday of october next and at such services in ell causes of udmr/lty unci times thereafter and under such regula maritime jurisdiction and ii causing lions as the c'ovcrnor and legislative arising on seizures under the ivi of im council shall direct rtst navigation and trade of ijb i'uitcd see ' '• and be it further enacted that states the same fees und cortiensntion the members of the legislative council as arc allowed by law to the cft'ks mar shall not be eligible to any nllirc created sbals nnd district attorneys the dis during the period of their service or tho strict court of the united sluts for l.oii fees of which were regulated hy laws isiana district in bimilar cai»:s ; nnd in passed whilst they were members or lor all other causes such fees a/have been 0 "<; )''■'"' thereafter or shall be hereafter estoblhed by the ec "■ and he it further enacted that legislative council of lhc sal territory it shall not he lawful for lhc legislative and the clerk united stuis nitorncv council to pass any law imposing a high and marshal of the court of ppeals shall er l n th e lands of non-residents i hall have the same fees and con»eiisatioi lor those of residents of said territory attending said court whilst serclsing tho c c 13 and bc i further enacted that powers of a circuit court a directed in io much of the several acts of which this this act as are allowed to he clerk at is an amendment as nmy he inconsistent forney and marshals of theiftrcuit coun wliii me provisions oi i.'.is , , , he of thc united states am in till other tame are hereby repealed ; and so much cuscs such fees as the lcfslulivc coun of any of the laws of said territory as cil or said territory have itablishcd or nro repugnant to the same are disup may direct proved and annulled sec 8 and be it furthcrnaeted that scc - '*• and be it further enacted that thc judges or the superb courts ahull ho several acts passed by the oovernor only be required to hold court in one 0i)l1 legislative council granting di other place in their respctive districts voices thc four first sections ol " an act than thc one assigned by e laws of the "> amend an act to inline crimes tec united states to be tlcspiatcd by thc approved december tenth eighteen bun governor and lepislalivccounr.il and dred and twenty-live und an icl lu so much or any law as restricts said prescribe the forms ol actions kc ap courts to u particular numer u r days for proved december fifth eighteen hundred the trial or causes arislngander the con and twenty-five ; the act •• in addition and stittitinn and laws of iticl'niicd states amendment i an ut to determine ices be and the same is hereb repealed kc - approved december ninth eighteen sec 9 and bc it furt h enacted that hundred and twenty-five , and *< an at lo the marshals of each disuct shall reside i 1 ■"' act regulating indicia procee within the same and excite all the pro h c approved december eight cess ol said couns whethir arising under eighteen hundred and twenty live ; '* an the laws or the united stitos or or said ' ct ln provide in part for raising a rev territory ; and perform ill the duties of '■"•"*•" approved the ninth ol december ministerial officers of ihe same ; and shall eighteen hundred and twenty five be and j ever bond with w.ivitv to be ap " 1c s "" c are hereby disapproved and proved by said judges conditioned for the annulled performance of the duties required of the j m'l r " vfll may ls < "» 6 ' executive officers by die laws of said resolution directing s survey ol uartain routes territory in the sum of ten thousand '" twecn baltimore and philadelphia for a dollars which shall bt recorded by the ''" l l *" ; "'' clerks or said courts resolved by the senate and howe tf scc 10 and be it futher enacted thai representatives tf the united states qf thirteen persons shall be annually clccicd america "' cmgreee assembled 1 hat the by tne people or said territory who shall postmaater-oenoral be authorized and compose the legislate council thereof required to cause an examination and each of whom shall bc an inhabitant of v 6 -* " f the „ v -*""* l * '"" s ''."""" said territory and siall have resided baltimore and philadelphia crossing the herein uic ycarncxt preceding his eloc susquehanna it havre de urai o i errj , tion and the term for which he shall be or * l p c ;, and conewrogo bridge elected shall bc onevear.to commence and report to congrats the route which on the second monday of december an ma y bu l ' csl ap'ed for a perm inenl post nually and it shall he the duty of the rmi ! wi,h * n estimate ol the expense ol governor to divide the said territory in * 71 ' k " 1 !' e;lcl ~ of s " ul tmte * •»'• ','" '""," to thirteen convenient districts to as to venlent ibrrtq transportation of lhe mall give to each district as near as may bc vl l ''"! t ! il_l '_!_ an erpial number of free abite inhabitants an scl supplementary to " an acl for the _ 1 for the purpose of electing members of " l crease oftlie navy ofthi unite i states the legislative council ol said territory , f < " enacted by the senile and liaise of and he shall also designate places for representatives of the united sic holding elections in cacl district anil op america in congress assembled that lhe point judges or managers to preside al president of i lie united states is hereby and contluct the same who shall take lhe authorized to cause the building of one ul same oath and observe the same li.rm.ili the ships authorized by lhc act lor the tv us is now required bylaw in lhe eke gradual increase of the navy oi the uni tion of delegate to congress the time led slates to be suspended and the tiin and place of holding the elections shall b for lhc lamo tube laid up and se t>c made known by proclamation and cured and he h hereby further author sent to each district respectively ; and it ized il'i in his opinion the same can be shall be luwfol for the inhabitants vii inn done on advantageous terms lo ihe uni thc respective districts who are o may led stales lo cause lo bo purchased lot he qualified voters under the laws tf iho the united states u ship ol nol lev than same lo elect one persoi in each district i smallest class authorized lo be buili s a member of the legislative ciiiiu.il y the said act and foi i irrylng such and it shall be the duty or the sold judges purchase into effect the amount foi or managers in each district ti make a which the purchase maybe mode may return lo the governor or eve y person '" ; psld out of the appropriation hereto voted for as a member of the legislative l " 1 ' "' ,,; ' <" r t "- gradual incicase or the council in such district toieihcr with navy i ihe united slates the number of votes which ch person v p _ way 17 1826 shall have received writteum full oppo v icl m king hirthoi appropriation for ten silc ills name and the vol's iu each ills sloops of iw appropriating certain balune trict shall be canvassed h the governor carried to the surplus fund pike road or on th line ol the district of col umbia and to any turnpike road or other public improvement which has been or may be authorised bv an act of congress loading to tho town of alexandria and the said common coutlcll may lay any tax nil the property in the said town to promote any public improvement for the benefit of the said town when in the <•[,!•,; ■•', of mc n!<1 i nunoti i llicil it ma be inexpedient ; which said takes may be aolleotld as all other taxes are or may be directed to be collected and twenty-three is carried to the sur plus fund seventeen thousand six hun dred and ninety-three dollars and f.nty five cents for the inclined p'nno at the navy v.r.l in \\ .,.:,!', .,, , being ihe balance "' th ■ , b lhe a ( nf tho third wan h i igbti i n hundred and i«cn ty-three carried t n surplus fund ten thousand and seventeen dollars and forty one cents united states jcawb sec 4 and be it further enacted that so much of an act passed the twenty-'ixth of may eighteen bundled and twenty-four entitled " an act supplementary to the act to incorporate the inhabitants of the city of wa-hingtnu pas sed the fifteenth of may one thousand eight hundred and twenty and for other purpose as relates to the town of alexandria bc and the same is hereby repealed johnw taylor speaker of the house of representatives john c calhoun vice-president of the united states and president nf the senate approved — mav 13 11126 john hlotnoy adams svaalsirllx.j an act tu chart r ufths^b b'-'"/'-^h '* 1 h the town nn^h ( r rcmain^m to ihe^h le.ll^l ir.'^h neces i'-.i'-^l or vi i i m nr i'vpi'llsi'sl^m anv such sale he made an affidavit of the collector an art to iinicnil the several acta for th ■ cstab of the district or ward in which anon lots lie bailment of a territorial government in finn rtating that no poods or chattels of the person la or persons eharged with the payment of such ni it enacted by the senate and house of repre taxes assessments or charges sufficient to sat |> tsntulives of the i idled states tf america u lafy thc same can be found within the corpora cengren assemided 1 hat the superior court of tion shall be lodged with the clerk uf the tho territory of florida within their respective common council ind provided that public districts shall have and exercise original juris notice of the lime anil place of such sale shall diction in all civil causes in law and equity bc given by advertising in some newspaper whether arising under the laws of the laid ter j,„isllut,..,l in il town of alexandria forat least ritorv or otherwise wh"re the sum in e.ontro alx month where the property is assessed to versv ilmll amount to one hundred dollars i ami persons residing out of the united slates i three shall have original and exclusive oognisance ol months where the property is assessed to per all civil causes of admiralty anil maritime juri aons residing within the united states hut diction including all seizures under laws of im without thc district of columbia : ami six weeks post navigation or trade of the united states allien the property is assessed to persons resi whether such seizures he made on land or wa ding within the district of columbia ; in which terj and of all suits i'or penalties and forfeitures notice shall bc stated the strei-t or streets on incurred under thc laws of thc united states | which lots lie the streets by which the square and original but not exclusive jurisdiction of in which they lie is bounded the name of the all suits in which the united states shall be a pcrsnn or persons to whom they huve been lust party whatever may he the aniuunt in contro assessed on the books of the assessors and the versy in such causes and suits | and shall have amount of thc taxes assessments or charges and exercise appellate jurisdiction in all civil due thereon i ind provided farther that thc causes originating in the inferior courts of said purchaser or purchasers shall not be obliged to territory whatever may be the amount in con pay at the time of such sale more than the troversy ; and shall have and exercise original taxes assessments or charges due and the ex and exclusive jurisdiction of all crimes ami of penses nf sale and that if within two years fences committed against the laws of the snid from the day of sale the proprietor or proprie territory where the punishment shall lie death ♦ or of such lots his her or their heirs repre and original and appellate jurisdiction of all entativea or agents shall repay to such pur other crimes and oftences committed against the chaser or to the mayor the money paid for lawa of the said territory i and original and ex stich taxes assessments or charges and ex elusive jurisdiction of all crimes and nil'enees penses as aforesaid with ten per centum per which shall be eognlsable under the authority annum as interest thereon or make a tender of of the united states committed within the rc tbc same he or she shall be re-instated in his spective districts of the said superior courts or her or their original title ; but if no such tender upon t high seas be made within two years next after such sale sec 2 ml be it further enacted that the then the purchaser shall pay the balance of the said superior courts and court of appi il . i'i purchase money of such lot or lots into the term and the judges thereof in vacation shall treasury nf the common council where it shall respectively have full power and authority in remain subject to the order ol the proprietor all civil causes and criminal cases to issue writs or proprietors or his or their legal representa of habeas corpus of error of certiorari of man tives and il)e purchaser on the payment of the damns of prohibition of scire facias and of quo vhole amount of the purchase money shall re warranto according to the principles and rules ceivr a title to the said lot or lots in ice simple of law from the mayor under his hand and the seal of sec 3 ind be it further enacted that lhe his office which shall be deemed good and valid said superior courts respectively shall bc held in law and equity as occasion mav require to prevent a delai ol sec 2 and belt further enacted that the justice for the trial of causes of admiralty and common council of alexandria shall have pow i maritime jurisdiction and for the hearing of er to provide for tho establishment maintenance catisealn equity as often as the judges of the and superintendence of public schools and fori said courts respectively shall deem fit to ap the registering of births marriages and deaths j point and shall have power to preserve the navigation sec 4 and be it further enacted that the of the potomac river within their jurisdiction i isold superior courts respectively hall have to erect repair and regulate public wharves power in the eases where there has been a trial deepen docks and basins and to limit the extcn ' by jury to grant new trial as often as mav be lion of private wharves into the harbor in an deemed necessary for the due administration of thorise with the approbation of the president of justice for reasons for which new trials have the united states the drawing of lotteries for usually heel granted in the cnurls of law and effecting any important improvement in and to shall have power to administer all necessarv tin town which the ordinary funds and revenue oaths or affirmations ami to make and establish thereof will not accomplish ; to restrain and pro ! all necessary rules ol practice and pleading ami hil.it the drawing of other lotteries the keeping for the orderly conducting of the business of thi ef tippling houses and all kinds of gambling | said courts provided such rules he not rc v provide for the licensing taking ami ri go pogoaot lo the laws of the united state or of lating auctions theatrical and public shows and ; the aid territory amusements and venders of lottery tickets i to | see 5 and be ii further enacted that writs appoint gangers of casks inspectors of domestic of error and appeal shall lie and may he taken spirits measurers and inspectors of wood lum , on all final decisions of snid superior courts her and hark grain rosl beef pork ash hot where the matter in dispute shall amount lo the ter and lardi weighers of hay fodder and sum or value of one hundred dollars exclusive straw ami to regulate by law the inspection i of costs to the courts of appeals of said tcrri measurement ami weighing of the articles afore tory ; in all civil causes of admiralty and mari sald ; to regulate party and other walls and time jurisdiction ; in all raiisi-sof seizure under fences and to determine hy whom they shall he the laws of impost navigation and trade nf the kept in renair ; to direct in what part of the united stales ; in all suits for penalties ami lor town buddings of wood shall not he erected feilurcs incurred under the laws of the united and to regulate the siae of bricks to be made ot states and in all suits in which the united used ; and shall have power to restrain nnd pro states shall he a party ; in all civil canes in law liihit lhe nightly 1 other disorderly meetings and equity arising under the constitution and of slaves free negroes and mulattoes and to laws of the united state and treatie made fn.nish such lave by whipping not exceeding and which shall be made under their authority ni'ty stripes or at the option of the owner of and in all civil cases affecting ambuss on or aii.li slave by fine or confinement to labour not oilier public ministers and consul 1 in itro exceeding three months for every one offence . versles between oitizens of two different states and to punish well free negroes and millatoes ami between aliens and citizens of the united for audi offences by fixed penalties not ex suies in the aame manner and under the same ceding twenty dollars for one oil ice ; and iii regulations as appeal are directed lo he taken rise of lhe failure of such free negro and mil from a district to a circuit court of the united into to pay and satisfy buch penalty and costs btates and writs of error and appeal shall lie n ns • nr ii free ill gro ". mulatto to be con and maybe taken iron lhe final dcfi-iiim of ho fund to labor for any lime mil exceuding iv said court of appeals in all such cas s io the months for any offence i localise a i provide lo supreme court nf lhe united states in ihe same thc removal of all such paupers vagrants and manner and under the nine restrictions ami other persons as may not be legally entitled to regulations as writs of error and appeals are r id in within the said corporation to pun directed to be taken from the circuit courts of lsh by fine or penalty any minor or apprentice the united states and in all other cases guilty nf any breach of any law of the corpora writs of error and appeal may be taken and tion anil unless mich fine or penalty with the prosecuted from haid superior courts lo tin costl of prosecution be paid hy the parent cotirl ot appeals in such manner a the lcgis ruardian or master of fuel minor or anpren laliva council have directed or shall direct lice by confinement to labor for a limited lime see ('.. ind be it further enacted that the not exceeding three months lor any one of regulations prescribed by the nineteenth twen fcnee •.' h twenty-brat twenty-second twenty-third sec 1 and be it further enacted that the twenty-fourth sections of the act of the twenty common council shall have power to subscribe fourth of beptember seventeen hundred and to the stock of the turnpike road which ia an elghty-nlne entitled " an art to establi-h the inortaed to be made by an act of tl.e ccneral judicial court of the united states and by the assembly of virginia passed the fourteenth day net of the twelfth of december seventeen bun of february one thousand eight hundred ami dred and ninety-four entitled " an act to amend eighteen entitled an act incorporating a and explain the twenty-second section of the company to establish a turnpike road i ict establishing the judicial court of the uni wik-y'i tavern in the count 1 1 fairfax to a ted bl its ." as far as said regulations shall be point of intersection on the utlk river tarn practicable shall be obitrreuin resptctto all for ship bouses being the balance of an appropriation by the act of third march eighteen hundred and twenty three carried to thc surplus fund forty four thousand two bundled and ninety six 1 liars and forty-two cents for contingent espouses or the naval service prior to thc year eighteen liun lied nnd twenty-four two thousand four hundred and fifty-eight dollars and thirty one cents ; fifty dollars whereof bciiirj the balance of appropriation by the act r tho third or march eights hundred and twenty-three and carried to the sur plus fund fur pay to the superintendents iiav.it constructors storekeepers inspectors of timber clerks of tho yards and artificers in the naval sfcrvice being tbe balance i appropriation by the act of lhc third vfarch eighteen hundred and twenty liner carried lo thc surplus fund '■■•- iv nine tliiuis.ini en *,.,.,.... , m | _ cv _ enly-ftve dollars and eighteen c i'or the suppression ol piracy bcinf ihe balance oi appropriation by thc act of ihe twentieth december eighteen hundred and twenty two carried to thn surplus fund three thousand seven hun dred and twenty-two dollars und twenty seven cents for rewarding captors of algerlne ves sels is authorised by low being tho balant o of a former appropriation carried to the surplus fund fourteen thousand seven hundred and thirty-one dollars and twenty i ight cents approve i mnj 18 1 is an an i fix the tins of holding the circuit and district courts of ihe united statos in thr district of ohio be it enacted by ihe senate and house of representatives of the united states of fa a i ia congress m tmbled that tho circuit court of the united states within and tor the district of ohio instead of ih lime now fiac.l by law shall hereof le.r he held isuilie second monday ol'.lllly and thc fourth monday of december in each year and tho district court of the united slates in and for snid district shall hereafter be held on the mondays next succeeding tho limes beiein fixed for holding lhc circuit court ; and all suiis ind matters of every kind returna ble to or pending in citherof said courts shall bc held to be returnable and ron linucd lo the terms of said court herein provided for approved may 20 ism an acl concerning lhe beat of justice in qalla tin county in the state of illinois //.■ it enacted by the semite un houet /* representatives of the united states nf america in congress assembled i ; t tho state ol illinois is hereby authorized to give or sell in fee simple io the cvinty ol gallatin in thai state im ihe purpose of locating and fixing the i'-ent of jusli-o in said count u tract not exceeding ono i anilriil acres of the tract of und situate in said county and granted lo said slate for thc uso thereof by thc net of tho eighteenth of april eighteen hundred and eighteen entitled " an act to enable the people of the illinois territory to form a constitution and state govern ment and for the admission of such statu into the union on an equal fooling with lhe original slates any restriction ii iho said 11 1 of congress notwithstanding approved may resolution expressive of lhc sense of congreit i the gallant condni i i lieutenant duncan ofthe united states nov resolved by ibe senate anil ihusc of lathes of the united states of 1 rica in congress assembled i hit tho provl io f the joint resolutions ol con :■:., | passed october twentieth eigh teen hundred alid fourteen entitled ii lie ol . lions expressive uf lhe sense of congress ol ihe gallant conduct of cap tain riiomal mcdonough the olficen seamen and marines and infantry solv ing as marines on hoard ol lhe i'nileil si ics squadron on lake i lanipl.iin he so construed and extended di to in clude thc name ol mijs dun an a lieu tenant in the navy ol tne united stales in testimony of ihe sense which is enter tained by boh houses of congreat oi ihe distinguished gallantry and im i ol tho i il i li utenanl duncan in an action wr.h lhe enemy's forces on the sixth of september eighteen hun icd nd fourteen on the same lake and secretary ot the territory or by such other persons or in such other niur.ncr as lhc legislative council mav hereafter direct by oiv ; anil the person in each distiii t havbg tin greatest num ber of legal vote siall be declared elec ted ond entitled to i seat in the legllla live council ; and ii ease two or more persons shall have lie greatest and an equal number of voea in any district it shall he lawful for tie gsvernot to order a new election in such district in such manner and at sui i time as the l.egis luive council in n hy law prescribe and the said legislative council shall holil a session in everj year commencing on lhc second monday iu december in it it enacted by the senate and house of re/ireeenlallves j the united ' america ill congress assembled j hal the following lurna be nnd they nn hereby appropriated out ol uny money in lhc trctimiay nol otherwise appropriated i'or the objects following ihat is to nay i i o building ten sloops of war at uu iliiiiui'il by the act of third march eigh i ecu huiiiliuil and twenty five ihreo thou and dollars for pay uf labourers and teams cm ployed ill loading and unloading vessels piling docking and removing limbers 11 il stores ill hie bcrv'lcc i the vny being the balance of the appropriation ul ihe met of third march eighteen hundred approved may l i 18 '.