Carolina Watchman

              the carolina watchman j j bruner ) > " keep a check upon all your editor dr proprietor ) rulers ( new series do this and liberty is safe < gen'l harrison ( volume viii number 45 salisbury n c thursday march 11 1852 t^rafuiolkk watchman lr'b 0f t ar two doliars-payable '" f ;-^:^;^ in advance two dollars for the first and 25 cls insertion cou orders 7 sl h,*r ihanthesera.es a lib '; j ' r t who advertise by the year i!i _, pus p ! r in _ pkintlng'office rninir is the editor in 1 : t ;';;,, w « in s o he ranger invued ke a seat p w ihave called to have an n ctt published in yoor paper i r established an agency here for -' j \- >■.• gulling's celebrated me b e % th e agent advises me to have * f tbem published in your paper eseen our advertisement in a 1 ° l of your exchanges we ad f 1 m .. extensively in almost every ' *. w the united states now what harge me for one column a year ' "° t wo changes and also for in his short r.oiice always just be l^l marriages and deaths r ' i will charge you 60 a year «-- column advertisement and short notice to be inserted as you j will charge you the full price ir rates about $ 14 a year j .' i it possible ! why sir we . ", the half of those rales we i hroiiicie only twenty-five and , k on y asked twenty i we could ;;...; a year if we were to pay such las yoo ask you forget that we « to advertise very extensively you lt to make some allowance for that z that is as much as you charge your iants and others who advertise with r — yes that is the rule i aim with you it you advertise in this '.".. rhe considerations which you • r taken into view should have no .'. ij me at all i cannot see the vol advertising for you at half jies or less than halt that i and all icredilors in this state charge neigh i friends ahout home uger-well thoughtfully we can py such prices why do you ask so ... iorihe short notice only one square _.,,._ 1 want kept just before the mar 7 14 would not be in proponion 60 for a column let me see — that mid be at the rate of si 10 percclumn [ .;■— 1 al'ow no discount on the ave occupation of the most con mous place in the paper all who trtise in tins paper have an equal .: lo claim lhat place but all cannot t it and if one is determined to have ll or none il is but right that he should | well lor it iy ah you are a hard man i there is no chance for us to trade libers up his papers and puts on his ■\ wiiat will you charge me for a without the notice ? thirty-live dollars a year s what for a quarter of a twenty dollars . r : - well i'm sorry — i would jgladto advertise my medicines mot pay such rates why yes sir i also regret that ness will not admit ofa compli i my terms should be glad to "" lite you if i could do so con ii with principles of equality and jus -; it suited you lo advertise in my jog would he without opposition j king no patent medicine notice in ah ! is that so ?— why that j do they never send to you ? *•— yes sir there is scarcely a *• but 1 bave an application of the • " ul 1 never bear any thing more of toga statement ofthe terms pp«e it must be lhat w hich keeps toting a moment the agent ; g*s medicines took leave bowing and politely accompa \ ' ' o the door in the course of j n however he returned ; and b the editor in a very cordial . ankees know how to do it !) immediately on the business • he object of his morning call i well the agent whom i ; j here is so anxious that i i jertise in your paper that 1 have j give you twenty dollars and of a column here you ! notices which i want in and | public attention to them ! ... '•' ll will be received as a special i ' ' sides u -. s « nope you will remember *-> :, g yoo 10 more than to jr i north carolina 1 only l uti ss a year for the same xaniines the sheet and makes , i 1 find there is to be four ..... tie first notice will make in my "• at least a third of a column [ ''» ake a square more and r-g-.vv if l<jtc ' and lhe fourlh wi|1 j column i cannot do this work for twenty dollars it is over n quar ter of a column from the start and in creases with every change until it exceeds a half column stranger — well well — we can't trade ! good evening sir and this is the way it happens that there are no quack medicines advertised in the " watchman from the weekly message mr editor : very much has been writ ten and spoken on the subject of temper ance and particularly of late days on that of total abstinence doubtless much good has been accomplished and much more will be effected science has brought to light many important and in teresting facts in the economy of nature which ought to induce every one who de sire to consult the laws of his being to ex amine well and practice faithfully upon those results at which he may arrive i was struck with a few remaks at the close of the fifth lecture of prof silliman of yale college lately delivered at the smithsoniain institue and with your per mission will copy them for the benefit of your readers he had been lecturing on geology and the reporter represents the close of his lecture in this manner : with an apology a brief digression was made to water as the only fluid which the cre ator originally formed and the only one entirely fitted to support life water constitutes nine tenths of milk the first aliment of young animals of the class mammalia which includes man ; water forms almost the whole of the gastric fluid eight tenths of blood three-quarters of the weight of living muscle and gener ally of the soft parts of the animal body it is not merely a diluent of food ; it pas ses into the body largely as water and is therefore alimentous and all fluids used by man are composed chiefly of water it is essential to digestion and muscular motion and even to thought for a dry stomach could not dissolve food dry mus cles could not move nor an arid brain think the lecturer then expressed him self as.follows : young men if therefore you wish for a clear mind strong muscles and qui et nerves for long life and power prolon ged into old age permit me to say al though i am not giving a temperance lec ture avoid all drinks but water and mild infusions of that fluid ; shun tobacco and opium and everything else that disturbs the normal state of the system ; rely upon nutritious food and mild diludent drinks of which water is the basis and you will need nothing beyond these things except rest and the due moral regulations of all your powers to give you long and hap py useful lives and a serene evening at the close what a forcible temperance lecture is this ! how powerful the argument which a simple statement ofthe facts developed by science draws for the benefit and im provement of the human speces noth ing that we can say will add to its force or impress it more fully upon the minds of vour readers a friend of temperance from the raleigh register the bank of the state of n carolina vs the bank of cape fear the following opinion was delivered by ruffin c j this is assumpsit on a bank note for 100 dated october 1st 1844 and paya ble to p rand or bearer on demand at the branch bank of cape fear at ral j eigh : pleas non assumpsit and set off and a case agreed was submitted to the court to the following effect the note belonged to the principal bank at ral eigh and the cashier through a notary public presented it at the branch bank of cape fear at raleigh on the 21st of march 1851 and demanded payment and the cashier of the said branch bank then ottered in payment two bank notes for 50 each issued by the plaintiff and | payable on demand the one to the bear ' er at the plaintiffs branch bank at mil j ton and tbe other to the bearer at the i plaintiff's branch bank at wilmington ' and he refused to make payment in any ; other way the plaintiffs agent refused i to accept payment in that mode and his ! suit was then instituted the superior court gave judgement pro forma for the defendant and the plaintiff appealed the defence would not be available at common law under either issue by pre senting the note for payment an action arose to the plaintiff as the holder and i it is fully settled that a promissory note made payable in the body of it on demand at a certain place becomes due only upon presentment at that place hence the offer of the two notes for 50 in payment did not amount to payment nor do ihey bar by way of set off there was at one period a conflict of judical opinion in en i gland in respect to an acceptance of a i bill of exchange whether if given paya ble at a particular place it was to be considered a general acceptance or a spe ( cial one requiring a presentment at the ( place named ; and the point was not set | tied until the opinions of the lord chan , cellor and all the judges were taken on j it in the case of rowe vs young 2 bligh i 381 and 2 brod & bing 180 it was j , there held that a declaration on such an j < acceptance was bad because it did not j aver presentment at tbe designated place . no one of the judges expressed a doubt j . that notwitstanding some previous nisi l prius cases the law was that if one pro i mise by his note to pay at a particular | day and place there must be a demand there lord eldon explicitly laid that down as the established law and he sta i ted the reason to be that the place stands i , in the body ofthe instrument as a part of it which must be declared on as it is and proved as described in the declara tion deed it is apparent that it is an im portant part of the contract for when one engages to pay money generally with out mentioning a place for the payment the law is that the debtor must seek the creditor whether the payee or his assign ee and at his peril find him in order to i save himself from the payment of interest ' and an action by specifying the place both parties are saved the trouble but ( especially the maker as he knows when to take the money to meet his note at ma turity the law cannot be said to be settled in the united states exactly in the same way ; as in some and perhaps most ' of the courts a distinction has been ta ken that the declaration need not aver the presentment at the place but the want of it may be alleged as matter of defence if a loss arose therefrom and the debtor will be discharged prorata ; as if the note be payable at the bank and the debtor deposit the money there and the bank fail without going through the ' cases in this country in detail it suffices to refer to that ol wallace vs mcconnell 13 peters 36 in which most of them were j cited and considered by the supreme court as establishing that rule and it was then adopted it has indeed been ques tioned both by chancellor kent and mr justice story who hold the rule laid down in england to be the true one according to the plain sense of the contract but it ' is not material which position is right in j respect to notes payable at a certain day as well as place since no one either in england or here has supposed that pre sentment of a promissory note was not indispensible when in the body it is pay ( able on demand at a particular place ; which is our case even the court of kings bench whose judgment in rowe j vs young as to the special acceptance of a bill was reversed in the house of lords held thus on demurrer to a declaration by tbe bearer ofa note payable on demand against the maker in which presentment at the designated place was not averred sanderson vs bowes 14 east 500 the judgment was founded on this ; that the maker did not appear to have been in de fault before suit brought and that has not subsequently been questioned any where the case in this country in which it was held that the declaration need not aver the presentment of a note payable at a certain day and place distinctly admit it is otherwise as to a note payable on de mand at a certain place it is expressly laid down in wallace vs mcconnell that upon a note ofthe latter kind the declara tion must aver a demand at the place ; and mr justice thompson in delivering the opinion ofthe court gives the reason that until a demand the debtor is not in default and so there is no cause of action there is therefore now no doubt as to the common law in respect to notes of this kind made by a natural person ; that the maker is not bound to pay them until presented at the place where they are expressed to be payable and there is no ground for a distinction upon this point ; between notes made by a natural person ! and those made by a corporation the reason is not less applicable to bills of an i incorporated bank payable on demand at different branches ; which for the purpo j ses of local accommodation the law gen i erally requires to be established upon i shares of the capital adequate to meet j the notes issued at the respective branch es in respect to which punctuality is of the utmost consequence to the public and is usually enforced under heavy penalties every one knows that no individual or bank can at all times and everywhere discharge all outstanding liabilities due and not due ; which would make credit useless then each point of a banking i institution having branches has its own i liabilities and must have its own resourc es ; and it can only fulfill its engagements j to the public when left to manage its own j funds without impedent from the law if i the funds appropriated to the business at • one place instead of being left for that i purpose may be daily diverted therefrom | at the pleasure ot the holders ofthe notes ' of every part ofthe institution it would be manilestly impossible for the bank and its branches to meet their notes lor any length of time it is therefore apparent that the provision in the notes that they are payable on demand at the several branches is of their essence ; and conse quently there is at common law no liabil ity on such a note but for not paying it when demanded according to its tenor the defence however is not founded on the common law but upon an act pass ed at the last session of the assembly en titled '* an act in relation to exchanges of notes between the several banks of this state yet the discussion of the rule at common law was not the less needful in order to a proper understanding of the na ture of the contract constituted by notes in this form and of the operation of the statute is it be effectual its principal provision is.that when a bank or its branch presents for payment a note of another bank the latter may pay its note with a note or notes of the former without re gard to the place where the same may be payable it is clear that the case before the court is within the act and that the question is as to its validity with all respect tothe legislature and every disposition to carry out is will if reconcilable with the fundamental law the court is nevertheless constrained to declare this enactment to be plainly con trary to the constitution of the u states and therefore inoperative it is so both upon the ground that the act violates a provision of the charter to the plaintiff and upon the principle that it interferes with and violates substantive provisions of the notes of the two parties — which can no more be done with respect to the con tract of a corporation than that of a na tural person for the court supposes it to be clear law that a corporation is like an individual bound by and may take benefit of the general laws where it is within the reason of them unless there be particular modifications in the charter it is not doubted for example that a bank is within the statute avoiding usurous con tracts though no restraint as to the rate of interest it may take be expressed in the charter for while there are strin gent prohibitions against oppression on the needy by individuals with their limi ted means much more must it be suppos ed to be contrary to thejlegislative inten tion that banks with their large associa ted wealth and the power of making the demand for money easy or tight should be without restraint upon their exactions on borrowers the charters indeed usu ally prescribe a rate of interest or discount but such clauses have their operation in preventing the effect on the bank of a change of the rate of interest by a subse quent general law in and making the corporation amenable to the stale for a violation of its charter they do not af fect contracts with the banks because there is no provision in them for the avoid ing those on which a greater rate is re served but that is left entirely to the gen eral law another instance may be sta ted it seems certain that the general statute prohibiting the passing of notes under a particular denomination applies as well to corporate as natural persons unless there be a provision in the charter express or plainly to be implied to the contrary for the prohibition is founded on a legislative policy to encourage the circulation of metalic coins by preventing the issuing and passing of small notes here ; and therefore the reason of the law extendsquite as much to banks as to other persons ; nay more since they can most effectually defeat the public policy in such a case therefore the general law ap plies unless it be modified by a plain pro vision of the charter its silence cannot have that effect since that allows full scope to the general law and therefore the exemption from the general law must distinctly appear in the charter since then the restraints of general laws apply to corporations when they are within the reason of those laws unless excepted so they are entitled to all the benefits of those laws like other persons unless excluded therefrom by the charter it has been al ready shown that a natural person is not bound to pay a note made payable on de mand at a particular place unless or un til it be presented there and that he is not bound to pay at another place for tbe - good reason that except at that designa ; tion he may not be prepared with the means for paying and may not be able . to raise them there without loss hence that part of the note is an essential ingredient in the conlract and a statute re quiring a creditor in his natural capacity to take from his debtor in payment of a sum due to him at one place the note of the creditor parable on demand at another place which had never been there demanded would be plainly incompatible with those two provisions ! in the constilution which restrain a state irom making anything but gold and silver coin a ten der in payment of debts and from passing any law impairing the obligation of contracts an 1 s 10 the statute under considerarion is j likewise within lhat clause of the constilution for allhough that instrument does not mention corporations by name yet ibey are within it as a part ofthe general law for lhe reason alrea , dv given ; and it has accordingly been repeat edlf held throughout the union tor example that a legislative charter to a corporation is a contract of inviolate obligation within that in s.rumenl and lhat a corporation created i by a state mav sue in lhe courts of tbe u states or of another state the rights and conirads of corporations therefore have the full guar amy of ihe constitution ; and consequently this statute cannol be valid insomuch aa it essen tially changes lhe obligation ofthe notes issued by the plaintiff by requiring ihem lobe broken np-in effect paid at a different time and place from ihose at winch thev are payable according ' to their lerms and their legal tied when ihey : were issued ; wbich may be and in most in stances must be to the prejudice ol lhe plaintiff such modes ol payment mij»ht doubtless be required in lhe charter and it would then be at the election of lhe citizens to accept it or not it is remembered lhat the late congressional charter of lhe bank of the united slates pro j vided that all the five dollar notes no matter where made payable should be paid upon pre sentment at he bank or any branch bul with out a clause ol thai kind in the charier the legislature cannot give to lhe noles ot a bank a different effect from lhat legally arising irom their terms when made so as lo work a preju pice to the bank the plaintiff therefore was '• not bound to take tbe notes of its branches in j payment ot the note held by it because these noles weie not then and ihere due and because il ihey had been ihey were not a constituiionai lender if ihey hud then or al any time be fore this aciion broughl been presented at ihe placeo at which ihey were payable and payment could not be got they would have been availa ble as a set off but lhat was not done and lhe case turns merely on the lender ofihe notes under lhe act of 1850 at lhe defendant's bank ing house without iheir having been presented at ivlilion or wilmington i'he act thus vio lates the contracts constituted beiween these parties by their respective noles bolh iu iheir letter and spirit and is therefore unconstitution al under lhe same clause of lhe constitution the act is avoided for anoiher reason it bap pens lhat in the plaintiff's charter il is express iy provided lhat bills or notes issued by or der ot the corporation promising lhe payment of money to any one or his order or lo the bearer shall be binding and obligatory on ihe same in like manner and with the like force and effect as upon any private person it issued by him in his natural capacity and shall be assignable and as if they were issued by such private person 2 rev st p 63 s 25 — now ihe contract constituted by the charter between the stale and lhe hank though invio lable according to the constilution is in lact violated by the act of 1850 since under the circumstances mentioned in il a lorce and ef fect is given to the notes of ibe bank which differ irom that which as the notes of persons in their natural capacity they would legally have which cannot be done therefore the judgment must be reversed and judgment entered for the plaintiff on the case agreed for the principal money and in terest from the day of the demand from the richmond enquirer messrs edtiors the following paper has been placed in my hands and i know not better how to use it than to give it to you lor publica tion in your valuable journal this mode of compuling interest is extremely simple and mathematically accurate il is likewise as i have been informed coming into general use in petersburgb ■». an abreviated process of compuling interest at 6 per cent has been handed me within a few days wiib the request lhat i would give an exposition ol the principle on which it is found ed and furnish a rule applicable to all lhe cases which can be conveniently solved by it afier some examination i am convinced thai it may be of much practical utility as it is ca pable of general application and is shorter than any olher method which has come to my knowl ed»e indeed a liule experlness which expe rience will give will enable one in most in stances to obtain the interest on any sum in less time than would be required to find it in the common interest tables the following example will exhibit the pro cess required the interest of 448 lor 3 years 8 months 27 days : 449 2*24 1796 898 898 100,576 here as the result ofa mental operation i have written first the sum ol lhe months in the given years and monihs 44 having made this a decimal fraction by placing a point al the left i annex one third of the number of days 9 — and multiply the whole by half ihe given sum ; lhe product shows the interest sought the rationale of lhis process may be thus ex plained it is obvious lhat ihe interest on any sum as 100 lor a given time a six per cent is equal to lhe interest ol half lhat sum i 50 for lhe same lime at 12 per cent — our method therefore proceeds on lhe suppo j sition that the rate of inieresi is 12 per rent per j annum and arranges the rate fort fie whole time j accordingly the rate is allerwards redured j to that ot 6 per cent by computing it on half lhe principal only as above explained now 12 per cent per annum being 12 per cent lor twelve months is ol course equal lo one per cent a month hence lhe interest on j any sum for any lime is just as many per cent \ on lhe principal as there are monihs in thai time thus ibe interest lor one month is 1 , per cent ; for five months five per cent ; and lor three years and eight months il is 44 per cent as in the above example bji if lhe lime for which lhe interest is to be computed is equal lo or exceeds a hundred months lhe rate will of course be equal to or greater than 100 per cent which equals or exceeds a unit consequently when the number of enure : months equals or exceeds a hundred the iwo right hand figures only are to be pointed ott as decimals leaving the others on the left to rep resent whole numbers the rate for lhe days is conformed to this scheme as follows : we have seen that the rate per month is one per cent or 1 100 of he pr.n cipal now one day being 1 30 ol 30 days or month the rale of interest per day must be 1.30 as much which is 1-30 of 1 100 or 1 3000 of the principal for three^ays il wi of course be three limes as much or 3 sow j which is equal to 1-1000 or decim&llj 001 hence we see that for every fhree days 001th is to be added to the rale already obtained for the given number ol months : or in olher words one third of the number of days in lhe given sum represents so many oolihs ofthe principal which are to be added lo the olths which form lhe rate for the months thus tbe rate of in terest for the three days is 001th ofthe princi ple ; for six days ii is 002(hs ; sixteen days it is 00533ihs ; and for 27 days it is 009ihs as in the illustrative example tbe rate being thus arranged for the whole lime at 12 per cent per annum it remains only to multiply this rate by half the principal as explained at ihe beginii.g and we shall obtain the interest of the given sum lor the given lime al 6 per cent per annum having thus explained the principals of this ■ method we may now deduce from lhe following brief rule reduce the years and monihs to months point ofl two figures on the right or decimals leaving lhe others if there are others as inte gers if ihere are not iwo figures representing i monihs supply the deficiency wiih cyphers j annex one ihird ofthe days to this number and ! multiply it thus increased by hall lhe principal the product will be the interest required scholium this simple and eompendiow method may be equally well adapted to any oiler rate of inter est whatever by taking as thv multiplier such i a proportion of ihe principal as the proposed : rate per annum is ol 12 per cent for exam ple ; for 4 per cent per annum multiply by one ihird of the principal ; for 8 per cent by two thirds and lor 9 per cent by three-fourths petersburg jan 15 1852 a j l effects of using tobacco it is frequently asked whether the use of tobacco is injurious to the teeth and the health in answer to which the in quirer may be respectfully invited to turn to his cyclopaedia and when he reads of the powerful principles it contains name ly empyrneumatic oil and nicotina the action of bo'h of which is highly poison ous — a drop ofthe former placed on the tongue excites convulsions and coma leth argic drowsiness and may prove fatal in a lew minutes ; and a quarter of a drop of the latter will kill a rabbit and a drop a dog will he not rather inquire how it can he otherwise than most injurious not only to the teeth and gums but indirectly it not obviously to every part ot the frame beyond an unsightly discoltration of the teeth and an empyrneunatical infection of the breath of those accustomed to the use of this narcotic acid poison its deleterious effects may not for a considerable period be detected ; but after a long habitual use the whole system becomes impregna ted ; and although habit may reconcile its action when used moderately nothing can secure the body from irritative property 1 and ultimate absorbtion when employed in excess or incautiously its action on the heart or probably lhe nerves of the heart manifest itself by lower positions and an indulgence in an intemperate and excessive use of tobacco by smoking a number of pipes and cigars has caused death under tbe action of the nervous system the motions of the heart and sub sequently tbe general quickness of the course of the blood are quickened or re tarded all irritants and stimulants urge and force to a more vehement and conse quently a more rapid outly of the strength or capacity for exertion ; and it is an in variable law of organization that outlay is succeeded by depression and whatever unduly depresses whether resulting origi nally from a stimulant a narcotic a se dative or any other powerful principle has the effect of lessening improperly the action ot the heart and arteries ; and it is on this account that neither intoxicating drinks nor tobacco nor any thing else producing an effect which is sues in depression can be recommended for the promotion of health and longevity i would therelore strongly recommend ab stinence from the use ol tobacco in all or any of its forms not only on the ground of its rendering the teeth unsightly and the breath disagreeable but because it is clear to a demonstration that it finally depresses the natural powers its use even in the forms of snuffs and errhines is very objectionable ; the membrane of tbe nose becomes thickened its sensibility im paired and the power of discriminating odors greatly lessened — miles on teeth natural curiosities " the cumberland babies in the fayetteville hall on thursday evening last '* monsieur valentine gave quite a novel exhibition to a very large audience consisting of a family of three children who for size and weight accord ing to age exceeds any thing we ever saw in this section at least ; and perhaps ! as the show-bills say " barnum is out barnum'd now sure enough there are i two girls and a boy and their respective ages weights and sizes are as follows frances aged 9 years ; weight 327 lbs height 4 feet 10 inches ; circumference 53 inches agnes ayed 9 years ; weighs 327 lbs height 4 feet 3 inches circumference ; 47 inches charles aged 5 years weighs 115 lbs 1 height 3 feet 8 inches ; circumlerence,41 inches it is very seldom that a family of as large children as these are found there are dwarfs and giants — but never afamily of them there were orignally 4 of these children one died 8 or 9 years old proba bly weighing 350 or 400 pounds monsieur valentine expects to make a i tour through the united states and we hope his exhibition will he patronized and ' encouraged as the proceeds are intended 1 for the future support of the children ' for certainly they wiil never be able to ! work for a living tbey will be exhibit ' ! ed in wilmington on tuesday or wednes s day evening next fay carahman p the wife of mr james roe at'brooklyn ii iii , shot a man named davidson dead at 0 that place on the 23d ult for insulting .. | her