Constitutional Whig. [volume], June 05, 1829, Image 3

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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CONVENTION.
The returns are po nearly complete, that the Dele
gates are ascertained with tolerable precision from all
the Districts but two—to wit: Abingdon and Kcna
wba; the following 22 Districts have been definitively
heard from:
1. JTutfolk{Sic.—Littleton VV Tazewell, Gen Ro
bert B Taylor, Geo. Loyal! of Norfolk Borough, and
Joseph Prcntisof Nanseinond.
a. /»/e of iFight, Sic—Jno. T. Mason and James
Trezvant of Southampton, Augustine Claiborne of
Greensville, and John Urquhart of Isle of Wight.
3. Briuvnnielc, Sic.—-Gen. Win. II. Broduux of
Dinwiddie, Geo. C Dromgoole of Brunswick, Mark
Alexander and Win O Goode of Mecklenburg.
<k Petersburg, Sic.—Juo W Jones of Chesterfield,
Bcnj’n W Leigh of Richmond, Samuel Taylor of
Chosterfidd, and SVm B Giles (Governor) of Amelia.
•' 5. Charlotte, Sir.—Jno Randolph of Roanoke, Wm
Leigh and Richard Logan of Halifax, and Richard
N Venable oi’ Prince Edward.
C. Lynchburg, &c.—Sam’>. Claytor and Dr. James
Founders of Campbell, Col. Wm. Campbell and Calo
h'ill Mennis of Bedford,. ■*
7. Pittsylvania, Sic.—Col. Geo. Townes and Col.
Renj. W. S. Cabell of Pittsylvania, Col. Joseph Mar
tin of Henry, and Archibald Stuart, jr. of Patrick.
8. Botetourt, Sic—Fleming Bowyer Miller of Bo
tetourt, Col. Andrew Beirne of Monroe, Wm. Smith
of Greenbrier, and Col. John Baxter of Pocahontas.
9. Richmond City, <$-c.—John Marshall (Chief
Justice U.‘ S.) of Richmond. John Tyler (Senator U.
S.) of Charles City, John B. Clopton of New Kent,
find Philip Norborne’Nicholas of Richmond.
10. Albemarle, <5yc-—James Pleasants of Gooch
land, Gen. Win. F. Gordon of Albemarle, Dr. Thos.
Mosaic of Nelson, and Lucas P. Thompson of Am
herst.
... vy..# inure, —oumi uuune oi iving u miani,
Richard Morriu of Hanover, Win. P. Taylor of Ca
roline, and James 1\I. Garnett of Essex.
_ 12. Spoils ylvania. foe.—James Madison (late Pre
sident U. S.) and P. P. Barbonr of Orange, Major
David Watson of Louisa, aud Robert St^nard of
Richmond.
13. Sltffiml. Sic.—Judge Wm. A. G. Dade of
Pr. William, Ellyson Currie of Lancaster, Jno. Tal
iaferro ot King George, aud Fleming Bates of Nor
thumberland.
14. Culpeper, 8fc.—Jno. S. Barbour of Culpeper,
*iio. Scott and Jno. Macrae of Fauquier, and Jud^e
Jno. W Green of Richmond.
15. Lot/tlotm & c-—James Monroe (late President
U. f>.) Charles Fenton Mercer and Richard H Hen
derson of Loudoun, and Wm. H. Fitzhuoh of Fair
fax- „ °
16. F\'etfrri~lc, St*:.—Jno. R. Cooke and Alfred
H. Powell of Frederick, Ilieromc L. Opie and The.
Griggsjr. of Jefferson.
17. llainly, Sic.—Philip C. Pendleton. and Gen.
Elisha Boyd of Berkley, Win. Naylor of Hampshire,
find Win. Donaldson of Morgan.
18. Sh--tvo/tloriJ/., Sic.—Sam i Coffman, Dr. Peachy
Harrison, and Dr. Jacob D. Williamson of Rocking,
bam, anu \\ in. Anderson of Shenandoah.
10. Angitsta, foe.—Gen. Briscoe G. Baldwin of
Augusta. Gen. YVm. McCoy (M C .) of Pendleton,
Ekmuel iMcDowe * Moore of Rockbridge, and Chap
man Johnson of Richmond.
20. Montgomery, foe—Cnpt. .Tno. P. Matthews of
Wythe, Henly Chapman of Giles, Gen. Gordon
Cloyd of Montgomery, and Win. Oglesby of Gray- i
son. ' i
21. Ohio, Sic.—The county of Brooke is not heard
from: but there is little or no doubt, of the success of
Philip Doddridge und Alexander Campbell of Brooke, l
Charles S. Morgan cf Monongalia, fo Sam’i Spriiur
of Ohio*. t>-'’ ;
22 A comae foe—Tho county of .Middlesex voted ■
tin Monday, and is not beard from. It. votes only
KV or 130. Mr. Billups, tho hindmost on the Con- i
vwntinn ticket, we. t to Middlesex about 80 ahead!
of Judge Upshur, the foremost on the Anti-Conven
tion ticket. We do not believe that Middlesex can!
bring up, and wo therefore think Mr. Billups is
erected, the only name on tho Convention ticket
whoso election was doubtful. If so, the Delega
tion from that District, will be Tho. R. Jones an<f
Co). Tho. M. Bavly of Accomac, and Or. Calvin
*?• R^ad of Northampton. Tue Accomac election
waa the most important one in the Stato, as upon it
depended, whether the Convcutionists, or the Anti
./onvontjonists, should have on ascendency in the
Convention. The result has been such as to shed
unfading honour on the noble county of Accomac.
lo March Inst, a portion ofthe citizens of thut County
met at B&llbaven, and nominated Richard Cokejr.
fjr Congress, Col. Jno. G. Joynes for the State Sen
ate, and Tho. R. Joynes. Tho. M. Bavly, Dr. C. Li.
Read, and Humphrey Billups tor the Convention,
and every nomination has succeeded, provided Mr.
Billups is not beaten in Middlesex. This shows the
Gleet of unanimity and exertion.
The remaining Districts of .Tbington and Kenaw
n.a, are not heard from finally.
GENERAL REMARKS.
vY e will not suffer r gAscoiiad.ng spirit to carry irj 50 far as
t a assert, thai tho convention elect is tho ablest hotly of men,
who have over convened in the V. State*; yet were wo to predi
<ate, that no other lrody ol men ever assembled in our country,
contained a greater nomher of individuals who had a prutound
<r political experience, larger sharo of long reposed popular cou
Ifoence, Or of legal mid stiltijea 1 ability, we believe we should
l,r. within the bounds. \ irginia hns not put forth all her tal
mt—slw might possibly in some instances, have made better
selections, aud we should be sorry to think, that96 men, or WO
either, monopolized the talent of this great, and (as Gen. Gor
don if wont to say) unterrified commonwealth—but site has
put forth such an anay ofit, as while it proves her solemn esii
^ ,no"ient0l,sncss of die occasion, ntd when we reflect
what it i* that the convention is required to do, will in our
opinion, make it Btier the old Congress and the convention of
•U, the most interesting nsMimblagc that ever deliberated in
Cbs country. En passant—we hope we nhnll have no:} days
Mug, cut and dried, speeches in the convention. The Ameri
can ta-te in the matter of the length and breath of speeches if
horribly barbarous, and it is in the power of the Virginia con
vention, morn than of any other body that has ever mut, to rc
t*rin the national propensity in that respect and set a lretter fa
shion. T11 the House of Commons, nm* evening’s debate is >utti
aenifx tire discussion of the most grave subject that can iiossi
y bo brought under deliberation; as for cxami le, the Catholic
?xil I ii U»r? Kilt mm M..,1 _• .1 1 . . .
. ...J IJfltl 3* I V»I
n«iP5rtioii as that conio Iwfore our House oI Representatives at
y asbington, six weeks would hardly have sufficed for its dispo- I
suion, and a fortnight at least would have lieen required liv our 1
House of Delegates, to have enabled all the lawyers in the bo-;
*u'yto distinguish themselves, owl borno their friends. Elaborate
exhaustion of all the ctrnponent parts of a subject, no matter I
l>ow plain, ttite or trifling, nmv sometimes suit at the bar of a
rounty reurt, but before the highest legislative assembly
of a great icoplc, it is impertinent in taste, and disastrous
rn effect. The object of i’arliamcntaiy discussion, it should be
Write in mind, is not that a member may have a pretence for'
occupying 8 columns in a newspaper, but to impart real iufor
rnation. For this purpose, a manner and tone raised a linin'
mioTC tH>,t of conversation, u the best; nndasinaprivatec<r
i c, U is constdered bad manners for one man to monopolr/c
'li^ -vhole talk to. himself, so in a deliberative assembly where
ih\j\Zt'c equal privileges, and all are presumed to understand
« rpi; they are about, it ought to be considered hn|>ertincnt for
miepr inn re id “argufy the topic” to exhaustion; as if the per
sons addressed were totally ignorant, and the orator alone knew
./ow many line,beans it took to make seven. We hope no gen
t qrpn wjll take wliat we gay as pcr^ual, for we mean it not;
Tmrconstrue it as irfimrcal to the' true freedom of debaic, for
none are more friendly.co it.
, ^ Crtitventiop elections have go resulted, as to give the ori
frC.# ccnventimiists a decided majority in the body; some Dig
' _.Lhav^ wirpassed expectation, and one only, electing
b',ro"ab, than tha District itself u*as generally
,(f0 mean thatof Culpeper and Unquiet,
m gh- ***• ,hal ** Orange ) Nine districts
a3Ln , V* wll be represent'd by 3R Delegates, who
vor«boMo°fy.W,,herr thor,* "f ‘beir constituents, will not
marie 7h,~ ra.-orrn- , 1« ‘b«e, add four from the AlbC
Zr ulZ 'Tt ™ L3fnch>"'% four from the Loudoun, four
-formal, VTxo e ^•0,n*c 0i^rict, and the thorough
-T, iVrhnn,1 ritod 50 or 51 .to the nmi-conventtonists’ 45 or
r H s ? ""£*$• numerated from other
» cykd for a convention by n majo
ri/mrhfw^tT! ’ 'O!** nr'” ^cboldersbad *>oen added, that
n ..I . ity would have hern swelled to 30 or 40,000, all must
** r* *™c gentleman who recently &
rincin'Jlfi °Z\t ***’" T‘rnrlrk' m rtlirwut controvert, el
f.incy nnaU. He helcnfr* >o V e sett of Reliricniit*. called In
et-penlent Bjpttsts,chiefly confined ire believe, to the -V. Wes-1
lrJ’?r,i,S1 if we are not misinformed, Mr.
- onipbeJlhsmself then- founder. He is wc learn a ficots \
at., mm-ir. n et ■,nice crueR4ton a ■ d unquestioned, fal
| Mjoecue, mat liu» result u but uur auu just, uiuu&ii Lunuau^
little unexpected to some gentlemen, and such indeed, as the
nature of the law to organise a Convention, mid its going hack
twenty years, to find a basis of representation in the convention,
: did not authorize the most sanguine to expect. The People
i have done justice, though tho Legislature meditated, and at
tempted to do injustice; and thus may they ever equitably,
revise the decrees of their erring servants.
Our columns are now open to the consideration ami discus
ston of the various particulars and plans of amendment; and
we invite our correspondents to enter the Arena. Our opinions
arc known; nevertheless, we will eatertain an antagonist with
the same courtesy as a friend—our object bcin^ as we trust
that of all is, to render our humble aid to procure the digestion
and adoption of such a constitution as will infuse more vigor
into the body politic, impel Virginia once moie into the van
guard of States, secure equality, protection and justice to all.
and eradicate the remnant ofaoti-Kevolmionary Aristocracy.
P. S. In giving a catalogue of the members elect, we have
not attempted to preserve the order of seniority, not knowing it
In several cases. °
POSTSCRIPT.
The following elections have been received since
the foregoing was in type:—
Middlesex.—Tlios RJoynes 114, A P Upshur 116,
Severn E Parker 74, Tlios R Yeatraan 72, Calvin II
Read 43, Thos RI Bayly 43, Billups none. From
tins it seems, that Judge Upshur, instead of Mr. Bil
lups is returned.
„ KtinS William—Jno. Roane 160, Wm. P. Tavlor 130, Wm.
H. Roane 108, Kick'd Morris and Jas. M. Garnett, about 60
each—Mr. Garnett is elected over Wm. H. Roane by 60 or 70
votes —Delegation: Jno. Roane, Wm. P. Taylor, Ricli’d Morris,
and James M. Garnett.
Brooke. Monongalia. 2V.d m DUt.
Morgan 244 472 1236 } «
Doddridge 242 313 1323 f m
Campbell 215 2!>1 006 f h
Wilson Cl 414 859 1 «
Spriffg 131 203 169 ‘
M’CTcan 140 171 ' 533
Brown . 25 149 476
Nicklm ,60 17 ^ £US
Ohio District.—The votes In Ohio, Preston, Monon 'alia and
1 yicr counties, arc as fellow:— P. Doddridge 1049, Morgan 731
S. Sprigs 726, A. Campbell 696, Wilson 606, McClain 418*
Brown IMickliu 167—LIrookc, the: only county now to be
heard from.
Oiarlotte Dittnct (complete.)—In Halifax county, the poll
was—Win. Leigh 331, RicharrLLogan 3G8, John Randolph 358
Win. B. Banks 292, James Bruce 225, Richard N. Venable 14',’
Dr. Rice 140, Ed. C. Carrnngton 124. Aggregate vole in the
District— John Randolph 858, Wm. Leigh 76a, Richard Looan
762, Richard N. Venable 543, Wm. B. Ranks404, Jas. Bruce
C13, Dr. Kite 301, and Gen. Ed. C. Carrington 265.
juL-inw x/oincr, aiuipiae.
f n S f !• '« f (I
: I ^ ° S ? I I
Henrico, 17.1 111 100 107 41 57 89 24
James City, , 56 61 49 11 49 09 00 5
New Ken*, 130 63 47 166 00 111 12 II
Warwick, 35 39 38 1 03 00 00 31
'or!». 64 42 3 7 2 3 7 00 0 0 00
Charles City, 91 92 60 16 30 00 2 09
City of Richmond, 131 95 79 156 19 78 113 3
City of Willfemsbor^, 27 25 19 8 19 09 09 3
Elizabeth City, 44 .13 41 4 44 4 4 l
. 794 571 490 471 C91 280 015 BO
Carr of Dr. TFalhcins.—On Tuesday, tho Circuit
Court of the U. States at Washington, proceeded
to deliver judgment in the cose of Dr. Watkins. The !
opinion of the Court (delivered ■ by Chief Justice
Crunch) occupies more than five columns of the Na
tional Intelligencer: wp shall therefore bo excused
from giving it i.f pl/sno, but that the reader may see
the view taken by the court, of Watkins’ ca^e, we
have attempted to extract and republish its or
(as Corernor Giles spells it, adapting the orthogra
phy to tire sound) the jit.
The Kt/bstance of the Indictm ent is thus stated by
the court.
Tli^stib.stiaco of this indictment is. That Tobias
Watkins, being Fourth Auditor of the Treasury of
the United States, and intending fraudulently to ob
tain for his own use money oft he United Sfn*o s.filsv
bj and fraudulently wrote a letter to J. K. Pauldin^,
a Navy A 5 ent of the United States, advising him of
his, Tobias Watkins’ draft on him for 500 dollars, to
be charged to ••arrearages,” and that he would re
ceive a Treasury draft for the same sum to meet it.
That Tobias Watkins drew such a draft, and sold it
toC. S Fowler for, and received.nf$ him the saruen
monnt, and applied it to his own ‘use. That the said
Tobias Watkins did, ostensibly for the public ser-!
vice, but falsely\ and without^ authority,* procure to !
bo issued from the JVuvy Department, u certain re- I
jjnmtlon to the Secretary of the Treasury, for the
purpose of placing in the hands of J. K. Paulding,'
Navy Agent, the sum of 1,000 dollars, which requisi
tion is set out in verbis to be charged to “arrearages
prior to 1827,” by means of which requisition The
said sum of 1,000 dollars was placed in the bands of
the said Navy Agent.
There were other counts in tho indictment for oth
er sums, but of the same legal import; it being the
pleasure ot lawyers to describe the same thing in
some half dozen different ways, lest persons accused
should escape nt some unsuspected avenue.
To the indictment thus briefly characterized, the
counsel of Watkins demurred, and a demurrer im
plies the admission of’the facts charged, but denies
the law to be as stated in tho indictment. The
grounds of the demurrer were, 1. That the offence
charged to Watkins, is a common law (and not a sta
tutory) offence, and that there being no common law
in the U. States ns such, he cannot he punished at
the suit of the U. Stales as such. ed ground, “That
fraud is rot an indictable offence *t common law,
unless it be effected by means of some false pubmc
token; such as false weights, or measures, or marks;
or by means of forgery, or conspiracy; or by means
which affect the public generally.”
Upon the first of these grounds, deeming it the
most essential, we give the opinion of tho court at
large.
i h'j uisi grouiui oi ucmr.rr'Tr rcnea upon is, that
the United States, as a Nation, has no common law
in relation to crimes and off^nco^, and consequently,
that there can bo no common law offences against 1
the United States in its National character. ^That!
this offence, if it be an offence, is against the Uni- i
ted States in that character, and not as the local eov-I
creign of this District; and therefore, it is not an in
dictable offence.
It is said that this Court can only exercise the ju
risdiction of Federal Courts and of the State Courts. -
That the Federal Courts could not hold jurisdic
tion of this cause, because it is not a criminal offence
against the United States, who have no criminal
common law; and that the State Courts could not
hohl jurisdiction of it, because, if it be an offeuce at
all, it is exclusively an offence against the United j
States.
This argnment is certainly, at first view, quite
plausible; but, to our mind, not entirely satisfactory.
?s it. clear that this offence is of such nn exclusive
character, that it could be prosecuted only in a Court1
of the United States? If it had been committed in |
ono ofthe States, say in Maryland,*is it clear that it j
wonld not have been an offence against that i
State? The offeBce charged, we will say, for the j
rake oi*argument, is, in substance, a cheat: i. c. an
act of fraud done to the injury of the IT. States.
The State Court hasjurisdiction of cheats and frauds,
fl/vesthat jurisdiction! depend upon the question to
wiuvc injury the cheat or the fraud was committed?
wht'iicr it be to the injury of a citizen of Maryland,
r* 5-/0re:ga»-r—nr of another Pta4~ ^fn for
eigo Sovereign, or ui the Coiled States * If a
fraud, to the injury of the State of Pennsylvania
should be committed in Maryland, it could not
be tried in Pennsylvania; and shall it be said that
it is no crim* in Maryland to do an unlawful
act to tho injury of Pennsylvania ? What is
there in the circumstances of the transaction to
make it a case of exclusive federal jurisdiction?
Is it because the defendant is atated to have been
Fourth Auditor of the Treasury of the U. States? He
is not charged with having done any act in that char
acter, or by color of that office—nor is he charged
with the violation of any official duty; nor with hav
ing made use of his office, or official character, to per
petrate the fraud. Is it because the person oa whom
the drafts were drawn was an officer of the U. States?
That circumstance is perfectly immaterial, and can
not change the nature of tho transaction.
The foundation and substance of the offence is
fraud—moral fraud—crimen filsi, the turpitude of
which is neither increased nor diminished by tho
circumstance that the draft was drawn by oneotfi-i
cer of the United States, and accepted by another; I
neither of them acting in his official character nor
by virtue of his office. Is it because the fraud was
committed by means of a requisition from the Navv
Department upon the Treasury of tho United States?
That circumstance docs not niter the nature of tho
* Hence. It is still a simple cheat, or fraud. Is it
because the United Suites is the sufferer by the fraud?
The same answer may be given—The nature of the
offence is not thereby altered.
We aro therefore of opinion that there is nothing
in the character ot the parties, or in tho circumstances
ot the transaction, wiiich should make it a case of
exclusive federal jurisdiction; but that if it be in
its nature n common law offence, and had been
committed in a State, it might have been tried in
a ^State Court, as an offence against that State.
We think, therefore, that if it be a common law i
offence committed in this county, it is within the
jurisdiction of this court, whose common law jurisdic-!
tion is derived from the common law of Maryland,
which was, by the accession of Maryland, and
tho . acceptance ot Congress, under tho provis
ion in the constitution ot the United States trans
ferred from Maryland to the United States with
that remnant of State sovereignty which, after the
anopuon or the Pederal Constitution, was left to
Maryland. All the State prerogative which Mary
land enjoyed under the common law which she a
dopted, so far as concerned the ceded territory, passed
to the United States. All the power which Mary
land Iwd, by virtue of that common law preroga
tive, to punish by indictment, oflcndeis against
her sovereignty, and to protect that sovereignty, be
came vested in the United States; and authorised
them to punish offenders against their sovereignty,
and to protect that sovereignty by tho same means_
so far as regards tho territory ceded. We there
fore think that, in regard to offences committed with
in this part of the District, the United States have a
criminal commou law—and that this court has ft
criminal law jurisdiction.
Upon the second ground of demurrer, the Court
waiving the idea that Watkins’ case fell under the
description of frauds committed by means of false
public tokens, such as falso weights, measures, or
marks, or by means of forgery or conspiracy, fixed
upon the remaining class of cases of fraud, viz, “such
as by their mean*, affect the public generally,’’ as the
only das? within which this case could be brought.
To prove that it is comprehended in this, we pre
sume. very comprehensive cIilss, tho Court goes into
the examination of much law learning to establish,
uud does we think, satisfactorily establish, taking al
ways, the allegations of the indictment to be true
and su -.tallied. But this point being established,*an
olher one occurs, whether namely, the fraud is suf
ficiently set forth in the indictment? and if so, wheth
er it boa fraud upon the public ?
The last of those questions was suggested by the
argument, that the money drawn by Watkins impro
perly, was not the money of the U. States, but of
James K. Paulding, Navy Agent at New York.
The reasoning and decision of the 6\,ort upon this
point, ore os ibllows:
B taw lava suggested, in argument, that, as the money tvas
charged I>y the t niteil .Stares to the account ot Mr. Paulding,
who is responsible ter it, it was /a.? money, and not the money
of the United Suites, which was drawn out of his hands by the
accused; and that as Mr. PaO’.diug is liable to the Unitiki Suites,
and has given security, they have suffered, and can suffer, no
loss, and therefore that, if any fraud was committed, it was a
fraud upon Mr. Paulding, and not tipou the United States.
Hut to this objection we think it may b«* answered, that it is
not averred in the indictment that tho money was charged to
Mr. Paulding; it is only averred that it was "placed in ius\aii<t.i
aiA'aV'j Agent," and there is nothing stated in the indictment
to show that i' ceased to be public money in his hands. By tho
•1th section of tfoe act of Congress of the 3d of March, 1P.03, the
Navy Agents are directed, “whenever practicable, to keep lie
“public mcmti/x in ifuir hands, in soma incorporated Hank, to
“he designated for Jtiie purpose by the I resident of the United
“States ” This clearly shows tho understanding of the Legisla
ture to be, that the money, when it came into the hands of lire
agent, did not cease to he public money; and if it should be lost
without any negligence or default of the agent, it would not he
his loss, hut that o! tbe U. Stales; and if the money should have
hern changed to him in account, wb must suppose that, under
such circumstance, the United StatC3 would credit bimforthe
Rrs. it has been suggested ou the part of the accused, that he
is only liable to the United States in a civil action, for tho money
which he received. But if he is liable to a jvil action by the
United States, it must be upon tbe ground that the monev which
he receiv ed was the money of the United Slates. If M r. Paul
ding was induced to pay these drafts by such artful contrivances
or false preteii’ts or tokens, as coulrl not he guarded against by
ordinary care and prudence, tho United States might very justly
allow him credit for the loss: and, as the loss in that case would I
fall on the United States, it would ho h fraud on the public.
And Imw is it less a fraud upon the public, if Mr. Paulding was
tint so deceived nnd imposed upon, hut paid the drafts, kitowuw
tliat tbe accused had no right to draw? It could not have been
less n fraud upon the U. State?, if others had participated in it.
h or these reasons we think that tho money drawn by the
accused out of the bauds of Mr. Paulding, was the money of the.
United States, and therefore, that the fraud, if any, was a fraud
upon the public.
I uc next question, to w:f; “whether the fraud he
sufficiently set forth in the indictment?” is adjudged
by the Con it in favor of the Defendant, and on the
ground, that the indictment doe? not nver the use of
fuhe pretences, in the various steps he took for the
purposo of getting the money into hits possession.
The following summary will make the reader masUtr
of the views of the Court upon this point.
It is, 1st, An averment that the letters wcto wrififen without
authority; 2d, That they were sent without nothority; 3d, Tint
Uie drafts were drawn without authority; 4th, That they were
sold without authority; 5th, That the requisition was obtained
without authority; 6th, That these things were not done forir.
on account of the public service^ hot for the private gain and
benefit of the accused, and with intent to defraud the United
States. But it is not averred that the accused, ever
{’retended to any one that lie had authority to write those
etters, or to draw those dralts, or to obtain the requisition, or
that they *erc for the public service—or that they were not fur
his own use.
* * * * «
This case shows that according to the general role of cer
tainty, applicable to indictments, the particular pretences must
be set forth, and it must be averred in what particulars they
were fa!a». We arc therefore of opinion that this cannot he
sustained as an indictment for a fraud or cheat by false pretence.
But it has been contended that it is a good indictment for a for
gery at common law. The forgery it is said consist? in having
“ostensibly for the public service, but falsely and without au
thority, caused and procured to be issued from the Navy De
“partment of the United States,** tito requisition set forth in the
indictment.
It is a sufficient answer to ibb idea, to ?ay O.at the indict
ment itself admits it to bo a true requisition, and contains no
allegation that the defendant forged and counterfeited it.
The second count does not vary substantially in point of law I
from the first.
Upon the whole, the jufJqmer.t upon this demurrer must be!
for the defendant.
The Court therefore, merrnling the first ground
of the demurrer, but sustaining the 3rd, gstvc itidg
| men* fiflr t}’/* Defendant.
'4'iUJ iiidiuuiiiut bp jji tuc transactions witu Hums,
(navy agent at Boston) differed in some legal particu
lars from the first with Paulding; but as the judg
ment of the cqurt in that case was also for Dr. Wat
kins, and for much the same reasons, it is needless
to be more special.
The National Intelligencer at tho close of its re
port of the case, says:—
We understand that it Is intimated (hat an amended nre
s .ntment will be offered to the Grand Jury, or that a thiid in
dictment, founded on a transaction involving the sum of 300
dollars, will be called up for argument Je aono upon the ques
lion of demurrer. r n
The law ha^^ng pronounced its judgment, it re
mains for the community, tho moral sense of man
kind, to pronounce itsiipinion; for in this as In many
other cases, the law may have one standard of adjudi
cation, and morals another. What that opinion
ought to be, it is yet too early to say. It must be
borne in mind, that the investigation so far, has been
entirely exjiarte—that the evidence has been alien
one side. Every man knows tho extreme difficulty
in 6Uch cases of making up an opinion from having
one 6ido of the story, or if he does, how apt it
is to prove wrong; und every man of integrity, ought
consequently, to hear both sides before he ven
tures to form u final judgment. We are told that iT
you look at the books of the U. States, many of the
worthiest and most tried men in the country, will
appear to be delinquents, and who yet are no delin
quents in fhet. Let the public wait for Dr. Watkins’
exculpatory evidence if he has any. If he has none,
humano men will find it early enough to condemn
him, when lie fails to produce it. As the evidence
now appears* it would be vain as well as vicious, (o
pretend to think him exempt from crimiaaljtv. Wo
however most firmly believe, that he will greatly
mitigate, if he docs nut wholly cjiplaiu away, the
symptoms.
UIARIIIEL), on the evening of the 3d iust at the residence
of the Rev. Win. J. Armstrong. by the same, Mr. Flesiiso
James, merchant of this city, to Miss Mahy, daughter of tbo late
Rev. Doctor Armstrong, of New Jersey’.
On Thursday evening last, by the Rev. Mr. Lee, Mr. Micajah
IYIangum to Miss Sarah A. Haiiiiam, all of this city.
eommrrctal iirtorn.
date OF LATEST fcUltDFtAJi advicks. 1
Prom Liverpool,.April 24 :
TOBACCO—About 200 hiida in spec ted yesterday. {
Prices of common passed aud refused a shade lower |
than the day before. In middling and fine no change.
Refused, 3 to 5 n 1
General Bales 3 <10 to 3 13
Common pas-ed, £! to «24j
Middling, ”-H to‘'si
General sales about 5
Good to fine 6 to 10
The breaks generally of cot vdry good qualify.
U. S Bank Stork at JVtw y0rtc. Jurat 1, T23 a 1234;
Exchange on London, 103 a 103b
MABIWE NEWS.
FORT OF RICHMOND.
| ARRIVED”
I Schr Trial, Mister, from Now York, ballast.
| Schr Caroline, O’Nealo, front Washington, (N C)
j with fish, to L Webb Co.
I Schr Richard Winslow, O’Neale, from Wai.butop
ton, (N C) with fi.-lt, u> L Webb 6i Co.
Schr Margaret, — — - , from York river, with corn
to W P Micou.
| Sclir. American Coaster, Lee, from New York, via
i Norfolk. Passed in Hampton Roads, brig Olive, bound
up, and at Lay-urus Shoals, brig Andes, Beeton,
i bound down, ami at- Devil’s Reach, schr. Adeline,
i Thruston, bound up.
SAILED,
t Sclir Edinburg, Barr<;tt, for Albany, coaL
Sclir Amaudn, Hall, for Boston, coal aud flour.
Schr Virginia, Caror. for Fortress Monroe, stone.
Schr. Alice Mury, Saunders, for New York,
coal.
Kew York, June 1.—Cleared, schr Fairfield,
Coffin, Richmond.
Arrived, schr Joseph Bonner, Somers, from Rich
mond.
NORFOLK, June 2.—In Hampton linads— Ship I'fato, Da
vis, from Philadelphia’, brigs Cert*, Prince, from Portland;
Andes, (Br ) Beetoin from up James River botfud to Cowes aud
a market.
Sailed—Schr I'll can or, Morss, for Philadelphia.
There were 5 square rigged vessels standing up tYom tYie
Canes for the Roads this afternoon.
About 60 tail of vessels arc at anchor between this place and
Old Point—detained by N FI. winds.
The brig Export, sailed uum Liverpool 20d April, feu Hamp
ton Roads. r
The Br. ship Anacreon, 'amox, was up at Liverpool, 23d
April, fur Hampton Hoads.
JUNES.—Arrive.!, snhrs. Virginia, Oakley, New York, 60
hours, bound to Petersburg; Caroline Marion, Barnes, hum
Baltimore; sloop Laurel, Parker, N Y ork, 2 days.
The brig Aspasia, Ferrell, from Baltimore, for Marseilles,
carno down, and pot intoMobjark Bay.
In Hampton Roads, barque Grecian, Blanchard, from Port
land, and brig Charles Joseph, Bishop, from Providence, (R. I.)
THEATRE.
FOIl TIIE BENEFIT OF THE AUTHOR.
0^7” ^r- GILLIAM has the honor to Inform the Ladies and
Genflemen of Richmond and its vicinity, that his BENEFIT
will Uilte place on Salardaj, Oie 6tli rfJar.v.
Previom to the rising or the certain, Mr. £jr>\r vH n"'-'" a
PROLOGUE,
inarm by himself, rrj>rcss\jfor (Jic ocaishm.
A fra r which, will be presented a Grand Historical Jjrnmn, in
3 acts, (founded on the history-of the hist scillemcut of this
State,) entitled
vmoroiA,
OR
LOVE AJfD BRAVERY,
ESlitlUt.
Capl. Smith, Mr. Stone,
Newport, VValfOn,
< tens-oin, (who lias politely offered Ms scrvirtts,) Jcwsnn,
Rltcliffe, -,
Jack Taffte’.l, Flynn,
Mary, Mrs. Flynn.
IxjTfA.NS, „
King Powhatan, Mr. McKinney,
NAtiTAQt AS, By the Author,
Pcmisapban, Brown,
Eiwtnoe, Wolfe,
Pocahontas. Miss Fairfield.
Between the Flay and Farce, the following Snngj wiil he sOrtgi
Dnshmg White Sergeant, Mrs. Flynn,
*'■'{ v, ration,
(who is re-engaged for a few nights previous
fo his departure for the north,)
Zbj Deary, Mr. Pennington!
SJ. Palrick was a genlleman, Mr. Pennington !!
The whole to conclude with the much admired Farte, never
performed here, called
THE fflfAKKIED BACHELOR*
Sr Charles Court*!!. Mr. McKinney,
Fharpe, Flynn,
fru®. Brown,
.*obnf --f
Thomas, Wnltr*-,
Labroche. Wolfe,
Lady Court*.;, Mr*. Belcour,
Gtacc, Flynn.
OCT Or, Monday, Mr. Flynn's Bencfi*.
jitne ■»
W EADING WOOL HATS.—<5 Case*
men’s and hoes' drab and black wool hntg, for
sale by OTIS, DTJ.TfLOV Go.
| juno- 5-G‘
TSIS SA7, -
BV OTIS DUNI-OP & CO.
SALE AT THE DOCK.
PHIS MOHIMNG, at 10 o’clock, will bo 6ohJ
at the Dock, from schooner Chesterfield, without
rcBcrvc,
iiQ Ilh<ls prime Si. Creix sugars.
j»nc 5_-_ O. D. & Co. Ancts.
SICILY MADEIRA WINE.—10 quarter
casks Sicily Madeira wine, receiving for sale by
june 5-3t OT/S, DUNLOP & Co.
STRAITS OP TRAVEL, or Tales of Men
and C.ties, is just -received and for sale by
juno 5 IV. H. FlTZWHYLSOJffT.
“ DUNLOP’S ALE, WHISKEY, <fcc. ‘
Receiving Jor safe
4Q Bbla Dunlop’s stock ale
4 do whiskey ,
GO hlids W. India molasses
5 do N. Orlcars rum
G tierces winter lamp oil.
And in Slore
Rice, Rtnoer, solo leather, shot
Powder, Teas, Antigua, Jamaica and N. E. ruro
Snap, candles, cut nails, St. Croix sugar
Shltad oil, lemons, prime pork, mem do.
For sale by DAVENPORT, ALLEN &> Cu
jun« 3—3t
Krtnms, ttAzOkS, Src.
THE) subscriber has received a handsome assort*
. ment of Pen and Pocket Knives, o! a good and superior
quality and finish, at still more reasonable prices thau those ho
hut lieen recently selling so cheap.
Razors, (the thin part of tho blade manufactured of tlic real
Damascus steel)
.Spanish Guitars, cheap and good
Backgammon Boards, (best English)
Packet Wallets, and Ass skin Memo. Books
Chess-men and Chess-boards, cheap
Florida Water, second supply; and inauy other atlklesr good
and cheap, received at tho book and variety storc-of
J. H. NASH.
MANAGERS’ OFFICE,
June StA, 1329.
New York Consolidated, No, 6.
920,000, 910,000.
The drawing' wilj be received This Day, at two
3’clock. Whole tickets $10, halves 6, quarters S 60.
(irand Consolidated No. IS, tube drawn To-aroa*
now.
m prize oi $;iu,uou
i do 10,000
1 do 8,000
I do 0,000
1 do 5,000
i prize of 03,000
1 do 2,500
1 do a, 000
2 do 1,423
10 do * 1.000
i>es:do 50Qs -lOOs-. 300s 100s, 90s, 80s, ?0s, GOs.
I (Lf Whole ticket $10, halt'5, quarter 2 50.
For chances call at YATES &. M’INTYRE'S
I jtm 3_Office.
' Jwd Drazuuigs to be received
\ THIS DAY.
TIID Drawing of the Odd and Even Lottery, 2d
class,capital prize $10,000, nud the drawing of
the New \ ork Consolidated Lottery, 6th class, capi
tal prize 820,000, will both be received at my office
this day at 2 o’clock.*
^ IT Tickets iu the odd and even $.1, in tho‘New
York $10—shares in proportion.
June 5_s. ITJlWKmS.
20,000 Dollars,. 10,003 Dollars,
Day’s mail brings tiie drawing of tho New
York Lottery, class No. 6, for 1829. $20,000,
10,000, capital prizes. A few tickets and most like
ly the splendid capitals may l»o obtained by an earty
application at ‘DIGGER’S OFFICE.
jillie 5
TO-MORROW.
The Grand Consolidated Lottery, class No. 15,
ppital prize $30,000, will druw in the city of Wash
ington, nud tno diuvying will bo roccivedon Monday
j the opening of tho mail.
; BTTicket $10—shares in proportion.
For the capital prizes and prompt pay call at
! 5 DIGGER’S OFFICE*
iJMITHFIELD BACON.—10,000 lbs. of
beet Smithdeld Bacon, cured by T. Pretlow, of
snip 11 Carolina lings—-joints salt-petrod—for sale at
the Dock lor cash by “ JAS. WINSTON,
jon 5
NOVEL READING CHEAP.
H. I*ITZWHYLSONN having on
• hand, a large assortment of Novels, will
hire them out in setts, on very accommodating terms,
all tho New Novels will ho. received as rood as pub
lished. June 5
1VEW HALF PRICE MUSIC is just re
ceived aud for salo at the bookstore of
in no 5_W. fl. FITZ fVIJ YLSOJWT.
NOTICE. ~~
A Vacancy having occurred in the Femalo Depart
*- menl or the Richmond Lancastrian School, by ■
tho death of the late teacher; it becomes ne
cessary that the Board of Trustees appoint a suitable
person as successor. To thi» end, all who may bo
disposed to upply. am required to send in their appli
cations, accompanied by satisfactory testimonials aa
to qualification, to tho Secretary of the Board, on or
before tho 20th day of June netft. Tho salary is $400
pcT annum, payable quarterly.
By resolution of the Board of Trustees,
may 15—1 Itc JOHN. S. MYERS, Se'cy.
iiOBEKT B; SEIVIPLE, Sh.
77 TTOHJYBY A T LA TV,
T.ATE OF THR COUKTY OK KING & qUEETV,
TTAS removed to Washington City, where ho do
signs in future to prosecute tho duties of his
profession. He will attend tho courts held for tho
District nml tho several courts of Loudoun and Fair
fax. lie avails himself of this opportunity to inform
his late clients that tho small portion of business
which he lei! unfinished will bo completed bv his
very worthy and highly talented IViena, Mr. James
Smith of King & ciueen. His creditors and debtors
ho respectfully refers to his brother, Mr. James Sem
ple of Essex.may 25
TVTOTTCE.—Tho subscriber tins appointed, during hit ab>
oenco ttnm Richmond, Mr. Bahhrtt W. Walthall, bis
Attorney in fbet, for tlie purpose of enabling him to collect tbo
debts due the late firm of William Neale & Co.; and tbe sub
scriber earnestly refjuesm the debtors to raid firm to call on Mr.
Walthall at his dwelling, corner «f Main and 14th streets, latety
occupied by William Neale-, deceased, and discharge their ac
counts. JOHN LISLK,
Surviving partner in the lato firm of William Nenla &. Co.
Richmond^ June 2d, 1B29._ d3t ctf
WOHN B. ROY having removed to Norfolk,
has established himself there as n Commission Mer
chant, & will transact any business confided to bis care.
The possession of the commodious Fire-proof Public
Ware-house, situated in tho most eligible part of tho
Borough enables him to offer to tho Planters descend
ing the Roanoke, a secure and convenient storan»o for
their produce: his office is in tho house recently oc
cupied by Messrs. J. <fc P. E. Tabb.
june 2—C.
NOTICE.—The subscriber, since last Chri-unua
has been carrying on the business of a cabinet
or bedstead manufactory, by himself at his old stand
On tho Mcchanicsville• Turnpike, where he wi'.l
continue to execute all ordoro in the best manner, and
at tho lowest rates. All work doue by him will bu
labelled “warranted, manufactured by W. B Mahone,
Mcchanicsville Turnpike”—and rumhered from this
date. Persons wishing to purchase uny articles
manufactured by him, can ulwnys be supplied at
Messrs. E. &, A. Hubbard’s and Mr. Janie* R. Tyler’s
In Richmond, or at his ev n shop—and ut no other
ptace in R^htrer'i W. Ii. MAHONIi
jw * pt <* ?t 5.