Western Sun & General Advertiser, Volume 14, Number 45, Vincennes, Knox County, 6 December 1823 — Page 1

WESTERN SUN & GENERAL ADVERTISER. BY ELIHU STOUT. V1NCENNES, (IND.) SATURDAY, DECEMBER 6. 1823. Vol. 14, NO. 45

THE WESTERN SUN, IS published at Two Dollars a nd FIFTY CENTS for Fifty- Two Numbers, which may be discharged by the payment of TWO DOLLARS at the time of Subscription. Payment in advance being the mutual interest of both parties, that mode is so-

licited.

OPINION" of the Supreme Court on the j Reliance is here placed on that pait of turc was to rev.iain t!ic cot pejath n fr.m

subject of the Quo Warranto against the act Act of 131 4 that enacts, that sul ? iouio by anv nn .t iSoui,. u;,iu

the Hank of Vmcennes. Piesent Judges

Scott and Hohuan, The President and Directors and" (!nin,nv of the State Hank, of I

Indiana. V In Error ,

corporation shall rot be dissolved previous to the expiration of its charter, until all its debts &c. shall be finally settled." And also on the 10th article ot the consii-

tution that says i the Hank of intennes

its d.bls were dischaiged Wcthuet.c conclude in the lai guagc . i , ; t red cout',o' the motion in am si it Ji . mcnt,'4:hat this is not a piii:k .v , led tt- t! t corpot :tion, t m a rhrt , -.m,

and the Fanners and Mechanic bank of Cl1 bV sta! as i! 'fny u

Indiana at Madison shall be considered

as incorporated hanks, according to the

vs.

Phc State of Indiana. J '1 he Bank of Vinccnnen was incorpor-

fV.lttrn ti rift iff o xvitli tn di xrnnt i n nted. hv :in nrt of tht "IV.rr'tnrial LeL'lS-

A failure to notify a wish to discontinue at the expiration of the time subscribed for, will be considered a new engagement No subscriber at liberty to discontinue

until all arrearages are paid Subscribers must pay the postage of their papers sent by mail. Letters by mail to the EDITOR on business must be paid, or they will not be

attended to.

ADVERTISEMENTS inserted on the cus-

tomary terms. Persons sending Ad-

struction to be given to ihe t barter of

this bank: it u intcn led to give tne bank

no new poweis or ptivikges; but to continue its existence under the state government, with the same pow e r and ivilcges it enj yed und r the tcniiorial

d on the ens- or, to appoint an agent to cause suit to bo j government. It recog-?. s n as a charftnitertd bank, accndii-ir t ilietruc intctit

ilVIIUH'L, 1U IUUIVU UL'MU n 111' IIM III VMU IIUIMV VI VIIU J

vertisements, must specify the number of times they wish them inserted, or they

will be continued until ordered out, and

must be paid for accordingly.

New Orleans Prices Current. NEW ORLEANS, October 11, 1823 Bagging, Scothch, per yd (scarce) 26 cts. --Kentucky, per yd. 20 a 22 Bale Rope, Kentucky, per lb. 6 a 7 --Northern, 8 a 9 Bacon Hams, per lb (sales) 9 a 12 --Sides &c per lb. 7 a 9 Beans, per bbl. - 3 a. 4 Beef moes. Northern, per bbl $10 --prime per bbl. - - 8 --cargo per bbl. 7 Brandy, Cog per gal. (sales) $ l12 a 115 - Imitation (dull) 50 cts. Butter, per lb. - 15 a 18 cts

Cotton, new crop, lb - 16 --2d quality, -- 13 Alabama & Tenn. -- 12

ol us charter, the af t of : 4; so that the

vaiiiM- ij; nit 11,11 is . i .'. i ii ai ;t V J j no! seeutc tin cot pout'n n fni a -lu'ion b a st izuie its I; . t t i t s Secondly. An ii h'rn t ,on in !. ratuteof a Quo Wnnan'o, is a rrci i of ptocccdin,; i.ot wariautev bj ht v -sti-tmion. That pair ol tlic eoruti ti'v-n heu supposeti to be violated tht 2tli s.r of the 1st ai title, which pi ot it t s v o p '.son s,ali hi pu' to ansui at.v ctimiial charge but by piesentn.cn', ir.dictmei.!. or iiii;.fcaehu(ent.' 'c might ansuci tins a sigr.n.cr ! y .. . .1.. 1. i

a iticm:-v( hi u'r long aro um: , n. niar-

elaimofthe plantifiV, in error to an in lU 'v ?f t,,c 1J; ilis?h c' v:: - i. pro

Cotton, new crop, lb. 2d quality, - Mabama & Tenn. Coflee, Havana, best, per lb C-i

20 8

a 25

Domingo.

Cheese Goshen per lb. Chociatc, No. I, per lb. No

No .3,

10 8

23 10 17 15 13 25 12 10 S

: 50 a 9

o o

Cand'es, Sperm, per lb. mould, do. Cordage, per lb. Corn, per bbl (in car) Corn meal, per do. Flour, sweet, per bbl. G,; Holland per gal. American do. -Hides, per lb. Iron Swedes, per ton. Lard do. - - (dull) Molasses, per gal (scarce) Nail, cut, per lb. -Pep HM-, per lb. Po k. mess, per bbl, Punic, cargo, - - Porter, London, per doz. Potatoes, bbl.

Rmo, Jmv 4 p. per gal. (dull) , N. Oilcans. 4 p.

I p - 35 a 40 Rice, - 1 4 Sai, T. Island.prr bush (dull) 40 a 45 L'ncrnool blown per sack, S3

1 ground, do. Shn, per cvvt. (p'Cy) SUins, deer, in hair per lb. 12 a Hc.iv cr, - - R-

Si 45 cts. 11 - ?;ioo

a 9

15 a 18 i s a vj 20 a 21

S 2 a 8 a 6 a

150 a

a 350

2 75 16 cts. j a 2 25

ble, for the pu: ;;ose of tictet mining wheth

er they had violated their charter. Agreeable to the requisition of said act, an information in the nature of Quo Warranto was filed, in the Knox circuit court, against the President, Directors and Com pany of the said bank. A summons was issued against them. They appeared by

their attorney, and pleaded the acts of assembly aforesaid, as their charter for exercising their several franchises. The replication sets forth a variety of breaches of the said charter; whereby it alleged they had forfeited, all right to act as a Corporation, or exercise any of the Franchises that had been granted to them -- To all of which breaches the defendants specially rejoined not guilty" On the trial the jury found the defen dants guilty of all the breaches as set forth, except three, which they enumer-

ated, of which they found them not guilty. There are nine charges of which the defendants were thus found guilty, towit: 1st That they were indebted on the first day of January 1821, and on divers days and times between that day and the filing of the. information, in a much lar ger sum than double the amount of money actually deposited with them for safe keeping, with an intent to defraud &c. 2d They have not made such demands on the stockholders, for the payment of

shares, as were necessary to meet the legal demands on the bank 3d. They attempted, virtually to dis-

solve the corporation without the pay ment of large sums of money due by them, with an intent to defraud and &c; first by receiving the assignment of stock in said bank, in payments of debts due to it; secondly by concealing the names of president and directors of said corporation. 4th, They have, by their own acts, put it out of their power to loan the state the sum of fifty thousand dollars, either in specie or par paper. 5th - They have, with intent to defraud &c issued paper to a vast amount, which, at the time of issuing, they knew they had not the means of redeeming, and which they have not, and cannot redeem.

6th. They have made large dividends

dissoluble coi poration must stand or tall

on a tair constitution ol that act. By the third section of ihe act, the subscribers to the bank are m.ulc a corporation, by the name and style of tin pui dent, directors, and company ot the bank ol Vinrrnncs, and to so continue umil the fit st day oi October 1835; and t?c

clause under consideration, pr ovides that they shall not be dissolved IkI..ic thut time, until alt their debts ait p:id l'

ccrdiigsl y information Ur nodi o .-n-

os,and minor 1. fi' rets, rotuiths' 11. it.g l!;e h.nguagv d M..giK( hana, tin giai.il palladiun, e! E.i,;;ish 1'dieity, .o.il the (ele;.t d ii stt urn i.t Ik ti w.deh this j 1 1 of oui eoiistttutii n w .s topico: !)tit wc have no lu en I tc r-tts hi'!- sal

ji.octrn e or it h i ma ien.; h.i .. Qt , Vat-

ranto lili.i n.a! ion is a crimp . pmnding on v in im.e, and in hin;m na-

:tute it is puicly a ciil proceeding cc

ris

Kiiii o!. Coi 439'! h KimMs Ti:

determiniiig whether these provisions , I H 484. In the h i et a-e us( i tlic

nae cieatvci, an iiHWssoimtle coipouititjo j King s the M 01, lJ.iJitfs, and - -m-wc n-vcd net enquire into the power of j m -.a ty of C .rrttb-idge ciud in 2 Kwkl ti'e legislature tu cutitesuch a body poi- .83 l!ie roipma ;.,, are railed , (, HIT! 1 1 f 1 r h m t iv r nnv ili'it r tf. ii.. i r...,..., .. . r

..... "" " ivii tiiwi r nj 110 iijiiiL IK I (Ilk! CI I I.' ' II-V the policy, of such a measure, further touching their libtr-.is. tl 1 o,-.v.

than tnis that wlu n a mcasme u: be highly ip.ju1 ions, v. arc not to presume ttte legislature ou!d adopt it, therefore iti set king the meaning ol 'doubtful words,

in legisialive n:fs o slioti.d alu ;u s

sume tin

and omy mateii;.! Iqect oi t. 1 p i. ings is not the infliction ot pni-. o allies, as in criminal pi 1 1! t t. -to deprive the individual n imb

j supposed corporation, of pmi.etr -

jep. v-ni itives oi ihe p. up e ; claim to np y abmethe lot o' tl (

1. e

i.cl- ; -en-hut

c y

would pursue s ite itistead of dang-i ons zens in gei.i . al T he fine iiifiici u a measures. Ae '.ii.e idea of a bmk.ng . ei.nvictif n is met u y 1 on mal 't is-o m company, u iiha capital of a million and material a part ol the pion edii g. ' : at a halt of doieo-s erealed an indis omble ; ti c books on the aibjict of ceipon.t 3 corporation for the erm of twenty one j lo ve almost lost bight of it. ' I e core uyeais, must be highly -alarming to the sion of tin judr.mi-'ut; it is tut' is said to community. A chartered rig :.t of ;'et- be with a I ciax :ro fine Hut this is ing with impunity is dreon v to t cmore ilictoiio f an t!u snt-Mai ce lo spirit of our government; and when cc :.- judgu.er.t. as in all rival itc'na s l.-iiid. d ntctcd with so much power n ight be on tort, !r a I t u the pi o( ti d i y s ai c bv highly distrurtive of thoic qua! rights w rit of Quo ai onto the 01 ( in-io:. "f guaranteed by our constitution. I wudd the judgo - nt is ,! ihe ck !v 1 :&. ts l.e in thercl'oie irquirt: tiic. must tin. .rpjivi r al meiryc. .. in iil r ici.v f tn d-( n tcims, to induce a belief that the iegis a- : lonMact 2 Kv.ii, 4(-9 'I t 1 fj. ;.u-

tl oriztd by !u ,i I8!0p !fG (; be

t lire that gave, or the convention thai c n

rt ....... .'.- i .. .! .1 i ?.n- . 1 t

in ma uiui uiKiiii, v ui)ia;i u M.e ee.in mine ieo m v'o vair-uo m; 1 1, ain ns, ieiing ot such d " .o-s .us and dest nctive is i,( 1 cmbrac t c b tl is tesi; ;;s I. at act privileges, pait. int'epender.t ot his ctm- ! ett 1 (,n:y to uMirpatic lis i.l (Tin-; o stdei 1 1 1 n, it i v ide nt thai this clause in ! that ui'iiiisthf fi: iiu.ybc nv j perthe ch..;;er was :v t itiseited lor the !;en?- ' ly ieft out of the cum . as ti then li e piutit f)t the banking cmipjusy, but lor the cetdings are so ... ( :uivti) ot a c -vi imsafe guai d ot 'those to whom they might tin e as to fo; m 1 o c lo : ble pi eteiiet lor h.comc it'iiebted. The. va?i(;us icstric- this eoostiuuior.al objn i:.n. lions that um through tl eii charter ale. 1'hiidiv 'I he process shot kl huvc preilic ted o?i the iora of their aic.nn!;i- ( be u adistiirg. s i i d 1 ot a u,n n ons. bility Ur tta-scendin the bounds thcie- ! Put the Pt. etiee is o;!u r :se. A sumin presci i:'.d. In as n-uch as they had mons or venue l.cins is tiu tism-' p ss the power of contracting debts, issuing against co: p atip, i?) iJ)t , v s ,,i ce, P I" :tnd trreiMiig deposits, to a vast 1 and ifthc t! h i..;u l;ii u, .ppeai a disaimmnt. and naiv neccsaiilv have the j tt ingas Mien issue s 2 Kydd 4 4- 5 Cith pouer o! determining their corporate cx- 1 503. istence at anv ncriod. unless restraint d cc Hn t!e drfrrdamn n vr- !itiMrfl r.rrl

of profits, while they have refused to re-

OsSaaved - 'iear, a piece, -iiUg ha on plantation, lb . . in town, Havana, brown, . -white,

d oaf,

2 4 a 27 cts ! a 2 none. 10 a I I a a. 9 13 a U 16 a 17 ,3 a 8.

Tallow per lb.

M. .fiintnwilcr. ncr lb. ("sales ) Sl 50

else.

7th. They have virtually refused to credit the state, by a transfer of their demands against it to the United States.

8th. They have established branches

tlicte cited, h was thejelore thourht

nrcessary by the legisialmc tt inseitthc clause, to prever.t a disso n im. c t tj,e

I coi point ion, bv anv act o! its nenbrrs.

nnocriat voung hyson, "hvion skin,

do.

1 a CO a a 30 a 30

I 50

1 6

i hev nave established branches : N.-forr .01 i?s ru t.-ht i ,.,.

at more places than the capital stock of said bank would authorise, and without the payment in specie by individuals of

the sum ot thirty thousand dollars.

Wax,iees, per lb. (none) 27 Whiskey, 25

Tob tceo, choice fine, per lb 3 a 3

. a o 2 i 2 h - - la

9th. They have embezzled large sums of money deposited with them for safe-

keeping, by the agent of the United States

and others, to the amount of two hundred and fifty thousand dollars.

prime, 2d. tpuiity, X

was the duty of tl c coi pot vilegc g'ven, 'iv ieslii('i( ; such a condition, nms' I' be given or imp v d "ti ' l it v ru'd he to ; e 1 b .

Had the b g's'a'uie ia 1 '.

:;:',

pt f r 1 v ( v

A motion in arrest of judgment was

, or. 1 to du ton. 1 "t o

iXr0?tL ! no v ir. lytfu.

individii.il nvned Fdck -nh fn:, ,f a dis- ! coss

tinguis!ed family in (tevn.my, that feels m.irli i-itrresed in his welfare and have

this method of retpiesting anv" person uhoPve will severally examine.

Hi tv hav ncard 01 mm ir Knows nis ores cnt tc 1,1 " ,,-lsidcnce to f ive informa ffon'tu CSEOIKU' UAKPIh :;uid Seciciary, Pnili.

VI . -I ; . .. 1 . 1 . 1 .

iu.i:i 011 di mi ; ( : OiCM fi t.( ( 1 i'ii now ne i enrn tfi n.ni.

deem their notes in specie, or any thing

i-sue(l .'og:-.iiii them. IVuuhly. 'lie irdot mat ten is void for vum' ol c t rtsintv , as to tinie, piac . Jxr. Ileie thc ir.h.rmrtion ai d thc rephcation ct.nta'ming the st v ei ?d 01 e aches, toe eiy pie.perly c r. side ltd as ore iisiumei t, ai dhe f bjections art n.;-dc the chargtsas alkged against tie cnpoiat'n n. 'I he ptii cipal objection is- tha o place is .ct foitti where the usiirp.a :t n, or the several trar.se.icth ns c cc.' i 1 i g a foiftitui e of the ftcr close s. tea k pi, It is urged, in behalf of ihe fta't,!' r2

as nm h as tin rbjert of the cmm u j eiv e jt:i i d:ctien to the proper c v rd

juristncnen lsltrc givfn to tin K r; eiicuit ccuit ly ti e act of ascn.b v ditectii.g tht -e y ( f ce ding, that tl ( u fere a venue was unmeet ssai v. Hut it n :y c torsh'ered th:.t white t!ic juii'ilti never r. !i ; rev.r tien is he - at d in o--tant, the jurisriietii n ;ttr.cl t s t! e v.' 1 er t tl e tinrarti( n ?rk( place, and that S w a proper jutisdictin vuthac e"',;' before t!:e j'j-s.ge fftlisr.ct, arc! if le Knox circuit c nit had rn j 11 1 i 5 m e i -n previous tht act of mb'v . M t po. piiety of c hgh z the jurisdictK n, I v a'rgisla'ive ?ct in 0 cac vvhrte th i,tat . patty, without the consent oftt cf po. 're party night be rkrnfd vny smoioMp. We thnefeTc fed disp(., (' to riT'i!(V M tl r b gw .rr did it uitenel rdianging tlue iutidictieri or ev,

made and overruled, and judgment giv-

en. 'That the privileges, liberties, and

franchises, of said president, directors

uses. 01 said nresim nr, uirectors t ,m -Kt A mm' , ,. , ,

and company of the said bank be seized into the hands and custody of the said

4 1V4 IItl

state; together with all and singular their goods and chattels, rights, credits, and effects, and all and singular their lands, tenements, and hereditaments of what kind, nature and description, soever, with

them te, proceed aeainM 1 he cot poi at en.

P!ie ttefendatrs have brought up their for ..nv i.ation of their chvrter. The

proceedings by w rit of Mrror. r.nd hve as- nr0visioo at the conclusion of this clr.use

not heard of him for several years, takes signed vat nms mto-s in the record, which u!u. ciia!Ur. i,T,at afUT thc txpira-

lion of their charter they should not irons

First. The .lud mrnt feizes cn thc act busir.es, -c. further than to settle

Connate t: e.chisrs. rontraiy to tint act and close their centiacts as above provi of hir-.vv:- tlon, conficmed by the state ded " goe str -r-glv to confirm tl i- co: constiiuiiun. Mi uction, that the intention cf tho kgi?da-