Maryland Gazette from Annapolis, Maryland • 2

0- V' t1 s' I s' I IW 1 atlison bf LotmJoo, tot ton nIog Jnt by MrPrton mi th Wff Kiui ucct of much importaacMW.V: extracted the London intelligence we find to reUttoSto b6 peredved to comport with the IfiJ iT occasions, laid bef public. Mr. Barton will, no doubt itt tho packet of tbe 16th. and immuai ThandAT, Demkf 81, Notic is herpby given to th Ladies of Au- a polls, and its vicinity, that a FAIR be held sometime in Januury nest, for the benefit the Female Orphan Society of said city. Tbs Managers of this Institution respectfully end earnestly solicit aid in preparing for this 'V Exhibition, and cherish the hope that it will be Jr- ff'4 tho bautifs, li8 uw mere etuke-holder, end who ore riwdy to do all to their power to facilitate getting tho decision oi the court, in carry, fog into effect th teetatqrs intentions.

Wo shall therefore bo happy to communicate, with auch professional advisers as your government may think fitto appoint to act tor them in this country, Io tho mean tune, wo may perhaps be permitted to odd, that it is perfectly competent for os to torrf oh the proceedings, half of the United States, snd possibly some expense and delay may be avoided by. '-our so '-a 'Cjj Having thus briefly stated tho nature of tho business, we at present abstain from tasking A nf huggestion as to tho. party in whoso 'name pnoccedings should be adopted, considering point should be determined by pul counsel here, after tho opinion of the proper law officers to the States has been taken on the subject. Any further information you may require, we shall be happy to give you; and are, sir, Your most obedient servants, CLARKE, FYNMORE FLADGATE. Craven Street, Strand, 21st July, 1835.

A. Vail Esq. 49 lorifc Terrace. James Smithson, son of Hugh, firet Duke of Northumberland, and Elizabeth, heiress of the Hungetfordsof Audlcy, and niece of Charles the Proud, Duke of Somerset, now residing in Bcnlinck Street, Cavendish Square, do this 23d day of October, 1826, make this my lust will and testament. 1 bequeath tho whole of my property, of eve ry nature and hind soever, to my bankers, Messrs.

Drummonds of Charing Cross, in trust, to bo disposed of in the following manner, and desire of my said executors to put my property under the management of the court of chance- LEGISLATURE OF MARYLAND 'douse fIde MONDAY, "December 28th, 1633 being the day appointed by the contrtifu-tion and form of Government, for the' meeting the General Aaaembly of this State, the. fo lowing member appeared. For SL Jtanf Coenty. -William H. Dun-kin ton, and Chorlp Carroll, psqre- For Kent County.WiUiam SLwwaU, James 8.

Primroee, Benjamin Kirby, and Merritt Esqra. For Anne Arundel County. Leonard Iglo hart, and Cfiarlea $. Ridgely, Fob Calvert pountyA-Jamea -Kent, Jofin P. Welle and George i Weems, Esquire.

jr Forharlci Di Carpenter, and George R- Spalding Esurs. For Baltimore'. Ely, Eliai Brown, and John Carfoll, Esqs. For Talbot County Samuel Hambleton, jr, George Dudley, Joecph Bruff, and Solomon Mullikin. Esqre.

For Somerset County. Edward Long, Little, ton D. Teuckle, Arnold E. Jones, and John Dennis, Esqrs. For Dorchester County.

Joseph K. Traverse, William Ford, and Josiah BayJy, jr. Esqrs. For Cecil County. Lambert D.

Nowland, and John Henderson, Esqrs. For Prince George's County. Benjamin L. Guntt, and Thomas G. Pratt, Esqrs.

For the City of Annapolis. Nicholas Brewer, and Thomas Duckett, Esqrs. For Queen Annes' County. John Palmer, Robert Larnmoro, and William Ilemsley Esqrs. For Worcester County.

Thomas A. Spence, Elisha E. luteloch, Ebenczer Hearn, John P. R. Gillis, Esqrs.

For Frederick County. Willinm Willis, Robert Annan, and Isauc Shriver, Esqrs. For Harford County. Stephen Boyd, Samu-1 1 Sutton, Harry D. Gough, and James Nelson, Esqrs.

For Caroline County. Thomas S. Carter, James Turner, Thomas Burchenul, and William Hnrdcastle, Esqrs. For the City of Baltimore. Beale H.

Richardson, and Cornelius McLean, Esqrs. For Washington County. John O. Wharton, Michael Newcomer, and David Brookhart, Esqmr'-s. For Montgomery County.

Robert M. Beam, Thomas Gittings, John W. Darby, and Dayjd Trundle, Esqrs. For Allegany County William McMuhon, William Matthews, Jeremiah Berry, jr. and Joseph Frantz, Esqrs.

A sufficient number of Delegates being convened, they severally qualified in the presence of each other, agreeably to the Constitution and form of Government, And then adjourned until to morrow morning ten oclock. i Wf fey ih in any interest. -Admiral one of the member of the liut cabinet ot Phillippe, and hi.tooetdevoted.dhereLdini" P-earlyjn The Duke cfoXIr PaU ia in Algiers, and it appear will take nenf partln the military expedition agniTSi AfUMt The4cc.oun fnra. SPI ue 8tin central ie, tom lo us it appears Very nlsin tory. i us it sppears Very plain, ho 1 lh- rng.th fonl1 ty Don Carlorei pled with the doubts entertained of the of M.

Mendezabels levy en masse, came, uneasiness to the government of Louis Phillip From the London Times of Nov. 9. Paris, Saturday In consequence of fresh instructions received from Washington, Mr. Barton, the Charge d. Affaires of tbe United 8tntes, at 6 oclock vet.

(erday afternoon transmitted to the Duke 'do? Broglie a formal application for his passport The motive assigned for this measure in hiot ficial note is simply the non-execution of ths treaty ncgocinted in Paris in the year 1831, afterffards duly ratified, for tho payment of th 25,000,000 francs, by the French to the Ameri. can Government, ns an indemnity for the spoli. tion committed on American commerce ander the Berlin and Milan decrees. In spite of th serious shape which this question has now u. siimed French authorities seem still to treat it with their accustomed levity.

They will not believe, or at least affect to discredit, the possi. bility of a rupture between two friendly Powers so long and so intimately allied as Fare Franc and the United States, arising out of a paltry question of money. No direct application has yet been made either in Paris or Washington for the explanation or apology required bv th amendment of General Valazo on the law of last session, and it is very certain that no indi. vidual connected with tho American government has ever entertained the remotest idea of volun. leering the concession required.

On the present occasion it is not doubted that Pogeot, the Secretary of French Legation at Washington, who was left there by M. Serurier, with tho rank of Charge dAffaires, will be instructed by bis government to follow Mr. Bor. tons example, if he has not already been sent out of the country by the Presidents orders. A non-intercourse act on the part of Americs, fob lowed by reprisals on the part of France is cob.

sidered still more inevitable. Tbe French go-vernment flatter themselves that the people of the United States will suffer nearly as much as France under this system of yuaai-hoatility, and that moreover, they will be much less patient under their want of French wines and French silks, and of a market tor their cotton and to-' bacco, than the people of France will be under their corresponding disadvantages. At all o. vents, it is inferred that the state of non-inter, course may continue without any rupture until after Mr. Van Burens instalment in the Freai.

dcncy, i hen it is thought that there will no louger bo any senous obstacle to an amicabl accommodation of the only point of difference which will thon remain between the two countries. Paris, Nov. 7. Mr. Barton, who has hitherto performed the functions ot Chargo dAffaires of tho United States at Paris decidedly leaves this city oa Monday.

It is said to be in consequence of the refusal of do Broglie to give a satisfactory answer to three proposals which he was commissioned to moke to him on tho part of his go-vernment. Messager. The Constitulionel docs not consider the step taken by Mr. Barton ns indicative of approach, ing rupture. It observes that the Consul fof the United States is to remain at Paria to keep up, as heretofore, the commercial relations with France.

It seems, in fact, that little or no un. easiness prevails in nny part of Franco about a risk of a war with the United States; and ibis probably is because there exists a strong impression that no means will bo left untried to avoid a rupture, and that some mode of adjustment will be devised which may prove equally satis, factory on both sides. The factsof Mr. Barton, the U. S- Chargo dAffairs nt Paris, having demanded his pa ports of the French government is mentioned, inall the the ministerial organs.

The Temps states that Mr. Barton made his application, in a peremptory style, on Friday; alleging the non-execution of treaties on the part of France. The passports were delivered oa Saturday, and the Charge Affairs was to qua Paris on Monday. llie Temps, nevertheless expresses its confidence That matters will eD in an amicable adjustment. PARIS, Nov.

8. by Jim st aohiiigto on establishment, 'to be styled The Smithson Institution, for the increase snd diffusion of knowledge among men. 5 Washikotoit, December 17,1835.1. Tothe SauUtmd Harm of Representatives of Ae United State f- I fmsroit to Congress a report from tbe See-rebuy of State, accompanying copies of certain papers relating to a bequest to the United States, by Mr. James London, for the pur, pose of founding, at Washington, ari establish' merit under the name of the Smithsonian InMi- tution, for the increase and diffusion of know-ledge among men.

The executive having no authority to take any steps for accepting trust, and obtaining the funds, the papers are communicated with a view to such-measures congress may deem necessary. ANDREW JACKSON. Department of Stats, Washington, December 16, 1835. The Secretary of State has the honour to submit to the President tho copy of a recent cor rcspondcnce, in regard to a bequest mado to the United States for the purpose of founding, at Washington, an Institution for the incrcaso and diffusion of knowledge among men; and at the saint time respectfully to suggest the propriety ol laying these papers before congress, with a view to the adoption of such measures, on their part, as the nature of tho subject may seem to re-quire. JOHN FORSYTII.

To the President of the United States. Eiiract. Legation of tub United States, London, July 28, 1835. Sir: The papers liich 1 have the honour herewith to communicate to you, will acquaint y.cu with tho particulars of a bequest of properly to a large umount, left to the United States by a Mr. James Smithson, for the purpose, as stated in tho will, of founding, at Washington, an Institution for tho increase and diffusion of knowledge among men.

The Ktter of Messrs. Clarke, Tynmore, and Find-gate, the solicitors, by whom I was apprized of the existence of the will, together with the inquiries I have made, leave no doubt of its having been established, and its dispositions recognised, by the court of chancery, the first legatee under it having, for several years, and to the timo of his death, receivod the income of the property, which is stated to have amounted to upwards of 4,000 per annum. According to the view taken of the case by the solicitors, it ts now lor the United States, in the event of their accepting the bequest, and the trust coupled itli it, to come forward, by their representative, and make themselves parties to an amicable suit before the Lord Chancellor, for tho purpose of legally establishing the fact of the demise of the first legatee without children, and intestate, prove their claim to the benefit of the will, and obtain a decree in chancery, a-wurding them the proceeds of the estate. Messrs. Clarke, Fynmore, and Fladgate, are willing to undertake the management of the suit on the part of tho United States; aud, from what 1 have learnt of their standing, may safely bo confided in.

Not being acqu.iinted with the exact struc turo of our institutions, they are not able to point out the exact manner in which the United States should bo represented in tho contemplat ed suit; but they believe that their diplomatic a. gent here, if constituted for that purpose the le. gal representative of the President, would be recognised by tho court of chancery us the pro per organ of the United States, for all the pur. poses of the will. Should it be thought unnecessary to await the action of congress to authorize the institution ot the requisite legal proceedings, and should the course suggested by the solicitors meet the view; of the President, his power of attorney, autho rizing the diplomatic agent here to act in his name, will, I apprehend, be necessary; and, as the suit will involve some expense not connect ed with the contingent fund of the legation, our instructions upon this branch of the subject will likewise be desirable.

I am sir, with great respect, your obedient servant, A. VAIL. John Forsyth, Secretary of State of the U. Washington: Sir: We tend you enclosed, the copy of a will of Mr. Smithson, on the subject of which we yesterday did ourselves the pleasure of waiting upon you, and we avail ourselves of the oppor.

tunity to repeat, in writing, what wo verbally communicated. Pursuant to the instructions contained in tho will, an amicable suit was, on the deuth of tbe testator, instituted in chancery by Mr. Hungerford, against Messrs. Drummond, tho executors, under which suit the assets were realized. They wore very considerable; and there is now stand ing, in the name of the accountant gdnerol of the court of chancery, on the trusts of the will stock amounting in value to about 100,000.

DuringMr. Hungerfords life, he received the income arising from this property; but news has just -reached England that Mr. Hungerford has died abroad, leaving no child surviving him. 'It now 'becomes necessary -that measures be thken for khe purpose of getting the decision of the court of chancery, as to' the furthor disposition of the property. On reference to the will, it will appeaf -that it is aow vory clearly defined to whom, on behalf of the United States, property should be paid or-transferred; indeed, there is so 'much; floubthat- we tippte-hend that the attorney1 general muston behalf of the crown of England, be' joined in thd pro-ceedings which it is requisite that the URd States should Institute.

We act in this matter for Messrs. i r-3 A 'i- :4 r-f -V Z' V- ft A 5 afforded Individuu! wwliing for materials to work up can be supplied by application to any the Managers. Ceoaon Coombs, Esquire, was yesterday elected by joint ballot of the two Houses of the Legislature, Register of Wills for St. Marys Oouuty. Tho Mammoth Cheeses, which hnvc excited so much notice heretofore, at New York, have been brought to Baltimore.

The lurgeat one, intended for President Jackson, weighs fourteen hundred pounds. Neither House of Congress met on Friday or Saturday last. No business has been yet mu-tjrely done in either house, beyond the choice of ollicers, nor is it likely that any will be done lin.il after New Yeura day. For the Maryland GatcHc. NEW MAIL A RRANGEMENTS NEW PROSPECTS FOR ANNAPOLIS.

Mu. Emroit: It is mutter of some surprise, that you Annapuliluns hnvo not suggested arrangement whereby you might he supplied with economy', in respect both of tune and money, with the Northern and Southern Mail by 9 A. M. every day. The improvement would consist in winding your mails hence every afternoon, in time to strike at some convenient point on the mil road; tho cars going to both Washington and Baltimore.

Ttio same conveyance might leave that point next morning, bringing tho mails Irom all quarters, und arrive hero by 8 or 9 oclock bo that you might digest nt the same time, your breakfast and the proceedings of Congress; and be posted up os to the price of grain und groce-xics, the rise and fall of bank stocks and tobacco, the result of elections, und the state of the French question. Tho mail might lie sent in a singlc-horse ve. hide; but is it not probable that light passen-ger stage would soon be well supported? espe. cially when there exists any obstruction to re. gular access to Baltimore by water.

How much more convenient to go 22 miles by a good high Lnd road, and thence bv the cars to Washington and Baltimore, than by the present tedious Jind route, or, than to wait a day or two lor the mcamboat even when the haibour at Baltimore ria open? Moreover, by thus subjecting tho intermediate country between Annapolis and Washington to lrequunt iuJ general rcconnoisance, would not the public, and your men in high places, be strucK with surprise that a Slate and National Cunal should not have been before this, commenced, to connect tho Navy Yard and the cities in the District, with the metropolis of Ma ryiand, tho Chesapeako Bay und the Occun? How cheaply might an cusy ingress and egress be thus secur'd at all seasons through the Sc A work which would in this way obvious ly coinbino great results to the Stale, with vast convenience to the General Government, suggests at the first glance, not only tho value of Iho work itself, but the palpable justice of con-Btructing it by tho joint funds of the General aid Slate Governments! What a tin hsrbour in tho mouth of the Se Vcrn, at all seasons, lor our ships of war, whenco thev might pass to the ocean witiiout shifting ,1 how easily supplied witli all munitions und by the canal how natural woulJ it b' then to select Annapolis os the Bcite for a Naval School os a depot for the outpourings of the vast coal mines of Allegany, without any intermediate handling or transhipment. But my design is merely to throw out the sugges tioa, to invito attention to plant the seed, and not to trace the growth and paint the rich fruits in oil their various magnificence and ubundance. I pMy you sir, exhort your citizens to awaken from their lethargy to open their eyes to tho great advantages of their natural position, pregnant, if improved, with prosperity in every shape; entreat your men of genius, and enter, prise, and forecast, to put their shoulders to tho wheel and then call on Hercules; and your ancient city will yet reach the high destiny which bounteous nature has so plainly pointed out and provided for her. Always her well wisher, and once an ANNAPOLITAN. COURT OF APPEALS, December Terris, 1 8 35.

Tuesday, December 29thi The Court met pursuant to adjournment. Prcsonfi-Buchanan, Ch. J- and Stephen, Archer, Doraey3t Spence, Judges. No. 50.

Mary E. Berrott vs. RobertRjivor, et ol. The argument of this cose was conclud. ed by Taney for the Appellant.

Wednesday, Dec. 80th. Present as yeater. day. No.

49. Robert R. Richardson vs. William A. Ridguly and Elizabeth ti.

Ridgely. The argument of this case was commenced by Brewer for the Appellant, and Alexander for the Appel lees. i On motion, Edward Long, Esquire, of Somerset, was admitted as au Attorney of this art. BEQ UESTfOJAMES SMITHSON. Message from tho President of the U.

8tntes, in relation the boquesj to the United States, To John Fitall, formerly my servant, but now employed in the London Docks, and residing at No. 27, Jubilee Place, North Mile End, Old Town, in consideration of his attachment and fidelity to me, and the long and great care he has taken of my effects, and my having done hut very little for him, I give and bequeath the annuity or annual sum of li)0 sterling for his fe, to be paid to him qu irterly, free from lego, cy duty and all other deductions, the first pay meat to be made to him at the expiration of three months after my death. I have at divers times lent sums of money to Henry lionori, Juillv, formerly my servant, but now keeping (he Hungerford Hotel, in the Rue Cauniartin ut Paris, and for which sums of money Miave un dated bills or bonds signed by him. Now I will direct that if he desires it these sums of mo. ney he let remain in his hands at an interest of five per cent for five years after tho date of the present will.

To Henry James Hungerford, my nephew, heretofore called Henry James Dickinson, son of my late brother Lieut. Col. llenrv Louis Dickinson, now residing with Mr. Auboin, at Bourg la Reine, near Paris, I give and bequeath for his life the whole of tha income arising from my property of every nature and kind whatever, after the payment of the ubovo annuity, and after the death of John Fitall, that annuity likewise, the payments to be at the time the interest or dividends become due on the stocks or other. Should the said Henry James Hungerford have a child or children, legitimate or illegitimate, I leave to such child or children, his or theirs heirs, executors and assigns, alter the death of his, her or their father, the whole of my property of every kind absolutely and forever, to be divided'betw1 cn them, if thefe is more than ono, in the manner their father shall judge proper, and in case of his omitting to decide this, as the Lord Chancellor shall judge proper.

Should my said nephew, Henry James IRin-gerford marry, I empower him to make a oin-ture. In case of the death of my said nephyv without leaving a child or children, or of fye death of the child or children, he may have; had un der the age of 21 years or intestate I then be- queath the whole of my property, subject to the annuity of 100 to John Fitall, and for tho se. curity and payment of which I mean stock to remain in tbis country, to the Unitpd States ol America to found, at under the name of the Smithsonian Institution, an estab-lishment for the increase and diffusion of know-ledge among men. I think it proper here to state that all the money which will be standing in the French five per ceDts, at my death in the names of the father of my above mentioned nephew, Henry Jumes Hungerford, and all thut in my niuhe, 'is the property of my said nephew, being what he inherited from his father, or what have laid up for him from the savings upon his income. JAMES SMITHSON, s.

Department of Stats, Washington 26 th September A835. Sib: I nave the honour to acknowledgo the receipt of your despatch of 28th July last, (No. 197) relative to a boquest of property to a largo amount left to the United States by Mr. James Smithson, for tho purposo of founding at Washington an institution for the increase and diffusion of knowledge among men; and to inform you that your lotter, and tho papers which accompanied it, havu been submitted to the President, who has lay the subject befyre Congress at its next session. The re-' suit of its deliberatiofia, tyhen obtained, shall be communicated to you, with1 the' necossary 1 instructions.

'Of. the course intended to bo pursued to rela-tion to this matter, as above explained, you will take occasion to acquaint tbe solicitors who ap- prized you or the existence of Mr.1 Smithsons will. frit y-t' a' I ami sir, your obedient servant, -i 'r .7. JOHN Aaron axi, Esquire, Wi Jffhaf gt affairs of tft 1 United Sfniet, tmdofr Tuesday, December 29th, Present the same members as on yesterday. Benedict I.

Heard and Henry Fowler, Esqrs, delegates returned for St, Marys county; John Mercer, Esquire, a delegate returned for Anne Arundel county; Nathaniel Duke, Esquire, a delegate returned for Calvert enuntv, William D. Merrick und William A. Dulany, Esquires, delegates returned for Charles county; John Esquire, a delegate returned for Dorchester countv; Walter B. C. Worthington and Edward H.

Bryan, Esquirts, del, gates returned for Prince Georges county; Daniel Duvall, Esquire a delegate returned for Frederick county; and William S. Winder, Esquire, a delegate return ed for Baltimore county, severally appeared qualified, and took their seats. The house proceeded to ballot for a Speaker, the ballots ot the members being collected in the ballot box, on examination thereof, it appeared that Benjamin L. Gantt, Esquire, received fifty eight votes, that there were seven scatterisg, and nine blank ballots; Whereupon, Benjamin L. Gantt, Esq.

was declared duly elected the Speaker of tho House of Delegates, and accordingly took the chuir, Mr. Iglehart submitted tho following ordei which was twice read and adopted; Ordered, Thut George G. Brewer, be op pointed the Chief Clerk, and Eli Duvall, the As. sistant Clerk, of the present House of Dele gates; Ordered, That they qualify as such. Mr.

Merrick submitted the following order, which was twice read and adopted; Ordered, That Benjamin Seegar, Joseph Talbot, Samuel W. Lucas, Jesse D. Reid, and Peter S. Owens, be appomted Committee Clerks for this house. Ordered, That they severally qualify as such.

Mr. Kirby, of Kent, submitted the following order, which wastwice read and adopted; Ordered, 1 hat Gotleb rammer be appointed Sergeant at Arms, and John Quynn, Doorkeeper, during the present session. Ordered, That they quulify as such. On motion of Mr. Brewer, Ordered, That Messrs.

Brewer and Kirby, of Kent, wait on the Rev. Mr. Poisal, and request his attendance on this bouse, every morning nt ten oclock, during this session, tq perform Divine Service. On motion of Mr. Berry, Ordered, That the rules and regulations for the government of the last House of Delogatos, bo adopted as the rules for the governmentof this House, until they be revised or other rules adopted, and thafthe clerk cause a copy to bo' furnished to each of thb members.

The house then adjourned. From the N. Y. Courier and Enquirer of tYiday, Thd London packet ship Capt. Moore, arrived yesterday, having sailed from Portsmouth on th 12th ultimo.

Ou the Otffpositivejntolligcncq was publish-u udotqaod made Mr. Bartons application for impending departure, though they did not in much impression yesterday on our Funds, hay not the less excited some sensation in public. So far as I enn hitfiarto qhqprve, th PrcTftr! opinion seems lo be thnt kowover frivolous point is to h(ch the long pending differ00 about the American fodemnity has boen roauccu, there is little chanco of that point being conceded by the U. Statos, aqd especinUybj present president, who fim jjlW every body is here (bat to theioreatening to of the message which be ijlow called P00 recant he is solely indetoeu for ths oencessi ofr the people, so of opinjoq thnMue explanations require0 puritan ottMuT Vrfawi nntowsid laon0 1 i O. vVW 1 5.