Pittsburgh Weekly Gazette from Pittsburgh, Pennsylvania • Page 2

.4 when a c.pltnlatibras 1BI nrivate property is respected, and are as follows If a maa recovers in raluc upon a warranty Li law oh an exchange, he shall have in value according to the value Which he has tosti" In support ofthis the case Bustard. 4. Cooke 121, is citedv In the first place it to be remarked, that in the margin- crotrad of value df the. land the time of -the execution (eYictionJ-T16Q2 21-100 dollars' After my return I was induced to make diligent inquiry- hether the pointhad ever been decided, and what had been the opinion of eminent counsel on it, and the result was that expressed by. the chief justice.

After a very attentive perusal of the cases on the subject the notes of which taken by me then, and annexed to that case, are now before me, they did not in my opinion, warrant me in drawing a different conclusion but I saw difficulties whether the question was decided one way or the others which made me anxious to hear it deliberately argued ready to alter my opinion, if I should discover that it was riot well founded, or if the opposite opinion should be supported bv law and more conducive to the general interest, and more agreeable generally to the intention of the parties to such contracts. I Have heard it very well argued-if the very jwiit -v-: irj VV. invited him to collect 2 cr 3cu-j iT'-join in conquering Mexico, it being n-pZ 1 e'd as very leaible project. Thii r'-Adair'shouse in Kentucky. A.

post that he was two old for a rni'ijyy tion and that he should disapprove Mexico unless it were sanclicjicd by iav ment. General that he has bjvn flicted with sciatick pains in fatigues of his journey through the territory, and that he was much troubled sickness during the whole of his voyage. has become of his horses he knows not. sent down two boats load of produce t.NC4" Orleans consigned to himself, and will very ly be lost. If he is in Sufficient ficalth, -ses, as soon as is liberated, to eTT.e to ington to demand the cause of his arrest arf! procure an investigation into the subject.

NEW-ORLEANS, January 15. House of Refirt 'sentatives, January The Speaker laid before the House a lev. the troop to oe sent to Europe and acbans Captains Brisbane and Lydiard landed neail) together, the former was the first who galled Sf waUsVthe latter the followed andlupported by their respective officers ships Wood remained afloat in the command, of the squadron about 200 ofthe enemy were killed pur loss is vfery trifling Ivad our sliips been half an hour later in the attack, the slaughter must have been dreadfulnothing could be better timed. List of killed and wounded on board his 3fa-jeaty8 vessels: Arethusa 2 killed and 5 wounded. Latona 1 killed and 2 -Anson none killed, 7 wounded.

Fisguard none killed and rfone wounded. 3 killed, and 14 wounded. We understand that there were upwards, of 60 Spanish, French and Dutch vessels exclusive nfnrr A mpi-icans. lvine at Curracoa when that ai note io pi. ii- is said that the same case is reported in Cro.

Elizabeth, Moore, and Velverton, in neither vf which is sch point mentioned and it is -certain from my lord Coke's report that the decision must have been extrajudicial, for Bustard's case turned on a different pointBustard being ev icted of the land received by llim in e-cliange, entered upon that which he had given in exchange by virtue of tUe.im JiUed condition in la-Jf vjhhh in annexed to an exchange; a re-entry, was made on him in consequence ot which he brought an action of trespass, and Whether he could recover mat action, was ihe question so that the court. had. nothing to do with the value of the land. But according to my lord Coke's account of it, what they did decide concerning the value is not applicable to the point now before the court the decision is that if A. who' has received three acres ii exchange, is impleaded for one and vouches B.

from whom he received them, t-ij foil ir Twsession some of them. from the hon. James Workman, judge of iaiaijv ii.ii iv are stated to be of great value. Six commissioners have been appointed to investigate prize concerns at Capt. James Athol.

Wood, of the Latona frigate, is the president. county court ot Orleans county, covering s-. dry doccuments, informing the House that had adjourned the ccurt sine die, and ed his reasons therefor. The, illegal arrei and transportation of certain persons, bv or of tlie cvj authority, was also announcedThe Hie toliowmg appoiumicuis uav u-n well arranged and" able argument of the ingenious young gentleman who began, has not been able to shake the opinion which I had formed, I am induced to believe that it is well founded upon the solid principles of law I must therefore adhere to it upon the present occasion. It not being suggested that there wasanyrqw or concealment on the part of the vender, nor any knowledge when he sold, of any defect in his title.

Had any of these circumstances occurred, I should be of opinion that he would be liable to the amount of the loss. Although the vender on a covenant like that in question, be liable to damages only to the value at the time of the deed, yet he may enter into such a special express covenant as will make him liable to the value at the time of the eviction, and so much will the vendee on such event be entitled to." In the present case I agree, that, judgment be entered for the plaintiff for 2979 14-100 dollars. Judge Brackenridge was present and expressed his concurrence. by commodore Brisbane, ofthe Arethusa, Lieut. Parish, 1st of the Arethusa, to the Kenau Hadslar fricrate, of 56 guns.

and then the demandant recovers the one acre, A. shall recover in value from B. but accord-lug to the loss, that is but one acre but not a -Word is said concerning the time to which the value of this acre is to relate: And that is the 6nly question now under consideration. It has been contended, that the true measure of damages in all actions of covenaut is the loss actually sustained. But this rule is laid down ter and part ofthe documents were Lieut.

Higman, 2d of the Arethusa, to com- ftjie whole referred to a committee, th Surinam frifate of 22 CUUS.f Lieut Messrs. viur, vnuvy, and Hughes. too generally. In an action of covenant for non payment ot money on a oona or moi igsc more than the principal artd legal interest the "debt can be recovered, althb' the plantiff may On the 23d instant the twohoups gislature of this territory re-elected tvli; Daniel Clark a delegate to -theTonv-s United States for two years from the -i March All the; member cept four, voted for Mr; Clark. The house also appointed a committee, c.r.

sistin? of "Siessrs. have suffered to a much greater amount by the default of payment. The rule contended for b) Sullivan, made master and commander, andto command the Flying-Fish schri of guns. Mr. Elliot, late purser ofthe Arethusa, commissary-general and.

Mr. Reid, late purser of the Anson, Store-keeper of the island. La Superieure brig, of 14 guns, captain Rush-worth, sailed on Tuesday morning for England, having on board of the Anson frigate, the bearer of dispatches to the lords of the admiralty, announcing the capture of the island of Curracoa. The Arethusa frigate, of 38 guns, capt. Brisbane, arrived on Wednesday from Curracoa, with the following' vessels, captured at that is the plaintiff's council in it utmost latitude, applied to covenants like the present, would in many instances produce excessive mischief.

Indeed the counsel have in some measure gi gan, to draw up a memorial to Congvcs oa Capture of Curracoa. From a Jamaica fiafier of Jan. 24.1 ven uii this rule, bv confessing that when' On Satuaday arrived at Port Royal, his ma sresfint situation 01 our January 29. Ttl 11 1- 1- .1 .7 I Car- 40 guns from jesty frigate Anson, ot i i land, viz. Dutch frigate K.enau Hassl.ar, of "as part' of the presentment' made bv racoa, with oUU prisoners ana colours, captured at that island, which was taken in the most gallant and extraordinary manner, by a squad guns, ana if men uiuo corvette Surinam, oi 22 guns and 90 men ditto schr.

Flying-Fi of ron of frigates consisting ot the 14 guns and 50 men; and Spanish schr. Maria, of 10 euns and upwards of 50 men. A great grand juryy at tire late opening ot tne t.j. rior Court of this Territory. At a sessions of the Superior Court Territory of Orleans? hclden at the city ofthe city cf New-Orleans, on Saturd-vtt 38 truns, Capt.

Brisbane, Arethusa Latonai" 33 Wood," mrmber of their men jumped oVCrboard, and got Anson, 40' Lydiard, on shore previous, to their being taken pos -24rti of January, in-tle year of our Lord, Hi', session of. frigate is a fine vessel, on 387 Bolton. For skill in planning, singularboldness in exe ly five years old, and built entirely of oak she came the GRAND JURY and ior tl.esa Territorr, and made the follow ing PR SEMTMEXST: cuting, this event will rank among the first of heroic it is indeed. peviectly in unison suffered much. in, the masts dunn( the action.

The Dutch ggverhor and his family, the fiscal and commissary, fifteen laclies, arid 25 officers, with every thing great to the tuture. In addition to the bills '61 indktT.er' ac preferred "by the grand jury for the city a As our squadron did not possess the means of layingregular seige to the place capt. Brisbane came to. the determination of sailing into arrived in the Arethusa. Capt.

Bolton, of the remains as go-ternorof Veebvof the royal marines, is commandfer in chief of the forces, and lieut. Scott, of the same corps, has been nominated to the situation of town-major. the port, and storming the forts hitherto consi c-d upon to 0.9 a most dangr" ar alarming evil, the late unprecedented exerd of military power in this city. They have et with no less astonishment than grief, the li and the civil authority prostrated before air litary frrce-fThey seeji the." citizers dered as impregnable, or perishing tne retreat was impossible. The time buildings of magnificence are erected to g'ra-' tify the luxury of the wealthy it would be unreasonable to give damages to the extent of the loss But the ruinous consequences would hot be less to many persons, who have sold land on which no other than usrful buildings have been erected.

The rise in the value of land not only in towns on the sea coast, but in the interi-oar part of the United' States, is such, that it can hirdly be supposed any prudent man would undertake to answer the incalculable damages which might overwhelm his family, under the construction contended for by the plaintiff. I have taken pains to ascertain' the opinion of lawyers in this state, prior to the American revolution and I think myself warranted in asserting from the information I have received, that the prevailing opinion among the most eminent council, that the standard of damages was the value of the land at the time of taking the contract. The title of land restsas much within the knowledge of the purchaser as the seller it depends upon writings which both Forties have an equal opportunity of examining, the seller makes use of any kind of fraud, concealment or artifice to mislead the purchaser in examining the title, the cause is different, he will then be answerable for alMosses which may ensue. Cases have been cited from the civil law I throw them out of view, because this case can be decided only on the principles of common law. Case.s hive also been cited from law reports rr the states oj South Carolina and New-York.

Though they are not authority in thw court, yet we shall always be happy to receive information of the opinions of the learned judges The Reindeer brig, of 18 guns, captain Fyf- chosen was day dawn, on the morning of the 1st Jan. when all the boats ere hoisted out, and the the United States and of this terfitorv squadron stood in with a strong breeze, the Are ie antr rviorne rortunce Drig oi io guns ieut. Roule, had arrived at Curracoa from a cruize. The armed brigHighland Macnioll, also arrived there on the 8th inst. with a French upon and imprisoned by that force, and de thusa leading.

The enemy were panic struck prived ofthe benefit of that great bulwark 0 at such" unexpected temerity; all was confusion here soidiers without officers there of civil the -writ of corpus. privateer schr. which she had captured after ficers without soldiers; alarm drums beating in all directions a British squadron in their more, they have seen the general the American army here, come before tL honorable court, and openly avow very harbour, and within pistol shot of the bat acts, and declare that he would persevere teries, before sun rise. Troops collected at a smart action oi an nour anti an nan. i ne Highland Lass had none of her men killed cr wounded, 'and received very little injuiy.

The Latomi frigate, of 36 guns, captain Wood, was to leave Currocoa for this island-on the 11th inst. with sixty nine merchant vessels that fell into the possession of the captors. iem, ana to tins grand jury tlie jrer.erJL Otta Bandy were prevented from crossing the has acknowledged the commission such ac water, our ships interposing not more than three broadsides- were hred trom our in gates, they were previously advised or aprrovei1 when the ships companies and officers of the the governor and two of the judges of thi Arethusa and Anson, with the marines ot the Latona, headed by captains Brisbane and Lydi ritoi-y. Whoever his advisers were, vt such advice, under existing circumstance? ard, were landed, lort Amsterdam stormed, and all the outworks had British-colours flyi! a total dereliction of all regard to the tion iind" laws of. the United States v.i'-i before 8 o'clock, Fort Republic on the hill, and iu our sister siaies, ana always ireai mem striking at the veiy foundation of civil 1: Carrancas rort excepted, the lsguard had WASHINGTON CITY, 21.

Yesterday the Kentucky delegation in congress received a long letter from gen. dated on board the schr. Thatcher at Ealtr-more, with a postcript written at Fort Henry, This letter I have read. It givosu minute and circumstantial account of general Adair's journey to N. Orleans, the object of the journey and the route pursued, the circumstances of his witli dive respect, upon the point now in We enter not into the question, haw Lr i' orders to act against Olra Bandy, two batteries question, it seems-there ia difference of opi auowaoie to do evil, that good may it for we are no casuists.

Many speci reasons are urged in justification of those In South Carolina it has been held, that th3 plaintiff is entitled to recover "according to the value at the time of the action. In New- rests. leave to those who uree them, -1 arrest and the treatment he received on the ork that he can only recover according to the shew their validity, and tn cou; passage round to Baltimore. This letter is v-ntten 111 the plain and simple stvle, natural value at the time ot the contract On these caes I will onlv remark, that the opinion of to form ajutlgment thereon." New-Orleans, Jan. 24, 1:3" il Indorsed, a true presentment.

to an honest and honorable man, conscious of the judges in South Carolina having been given nis rectitude and un willing to be the silent vic EVAN JONES, tim ot oppression and tyranny. That such is during the hurry of a jury trial, do not appear to have been founded on such mature deliberation as those of tlie New-York judges, who his situation 1 pretend not to say but such is distinct from the mam land, she took possession of, to-one of which the men absolutely swam, the enemy being previously dislodged The guns of Fort Amsterdam were fired but once on our people storming the place, they did not act in a body, but retreated in confusion, firing round corners and from houses. The militia, amounting to not time t'o collect, nor could they cross the water in boats. -The Dutch frigate -Kenau boarded by capt. Brisbane, the Latona warped alongside and took possession, when capt.

Brisbane proceeded for the shore. The Surrinam corvette was boarded from the larboard bow of the Anson, while her starboard guns were firing at the batteries. The Flying Fish, a large national schooner, was boarded by the boats of the Arethusa the officers and crews of those vessels fought most gallantly: Commodore Cornelius Vertz was killed; the captain of Surinam mortally wounded, and the first lien, dangerously, be certainly the appearance which the case now exhibits. made their decision the supreme court, sit ting in bank. General Adair says, that his journey to the I hereby certify that the foregoing is a tr; cony cf the original presentment on file i.

office ofthe clerk of the superior court, rj' 27th, 1307. J. W. SMITH, Ce of the Jurors. Evan Jones, foreman.

auuuiwara was on account oi a land stfecnlatinri Upon the whole I am of opinion, that by the true construction of the covenants in the case and on commercial busine s. He left Nashville in company with a servanV4 three hor before us, tlve plaintiff is not entitled to recov er the value of the improvements made by him ses, explored the land near" the sources nf thp. after he purchased of John Fromb'ergcr, and Tombigbee river but notlikine its oualitv. he George Pollock, therefore that judgment be entered for 2979 14-1 dollars and costs. went down into West Florida apprehending a transfer of that country to the United States, lie thought a'n advantageous purchase mLeht: be I am authorised to say, that judge Yates Ex.

Arnauth Edmd. l-'orrt: Wm. Nott, D. Urquhart, P. F.

Duboarg, J. Toin-o, F. Buplessi's. whose absence is occasioned by sickness, con Wm; Davis, Wm. Mumford, Jno- Palfrey, WmT PCenncr, Jh.

M'Neil, S. B. Davis, Walters Clark, siues several otners. The moment the tcvvn, Fort Amsterdam, curs mis opinion. were cuuipieieiy captain Brisoane posses-ssion, a lieutenant of marines was sent with a flag of truce, requiring Fort Republic to- suf render.

The officer continued firing, but would not surrender without an order from Limit General J. P. Changuion, the governor at-this time a prisoneryAvitn all his staiF, in Fort Am steidam. We understand that capt. Brisbarrc TUESDAY March 10, aesirea tne council to be collected, and gave them five minutes to capitulate for the whole uiau.

ne ieit nis norses on. the Jfascagoula took acanoeand with his servant went down the river, through lake Fonchartram to where he arrived at 10 o'clock tne 14th January. On that very day, while at dinner ia company with several friends, he was taken by a captam at the head of 100 soldiers, hurried on board a canoe, rowed down the nyer in the night, put on board the trie schr. Thatcher, and transported round to Baltimore. He was never examined nor confronted with any accuser.

His servant Bob, was taken at the same time. He was examined and threatened by Wilkinson with loss of his ears and with eternal fire and brimstone unless he would tell where he left gen. Adair'! a7 men. Tim servant was transported to Baltimore. GPn.

Adafr: on ship of a passenger, who also promised to nio nu7 f0imre a of hata8c pus. Gen. Adair diicJaim ,11 island, but as they mtreated for a lonsrer rwri. ad, it was extended to half an heir in fh Oiinion of Judge Smith. The question now to be decided by thiscrmrt is of great importance.

I understand that it has hng been discussed among the most eminent counsel in Pennsylvania, and opinions have been given by some of them, but that it never received a judicial decision I believe on enquiry that it never came before any court in Pennsylvania until the 24th May, 1804, when it came beSnve the circuit court, hclden for the county of Northumberland, by judge Brackenridge and myself, in the case of Wm. Bonham vs. John Walker's adm'r. Wesaid that It is a vexatious question and it is proper that it should receive a solemn decision in bank we therefore propose that the measure of should be left to the jury, on each these grounds, which is done accordingly." The jury found a verdict for the plaintiff for 1092 17-100 dollars damages, on the ground of the original purchase raoaey and on the Somerset, before At a Ccurt held at mean time, the most active preparations werei ml lu John Youne. rsresirfent maae tor storming this almost inaccessible fm- 1 I .1 ..1.

UIlP OT, The ships company of the Fiseruard. common' trial of Noel Husruel fcr the murder cf 1 cvt- Pollock. "Aftev natiprtt hrariniT. indulgence granted to the prisoner th tlie ture of the case would admit of, the. j'ir ded bv capt.

Bolton, were in boats ready to proceed by water. The marines of the squadron, with about 300 sailors of the Arethusa and Anson, werepreparing to advance by land, the remainder of the saiBors onshore, Including an officer and sixty men from the Lotona. manner! tumed a verdict of truit'tv. On VnJ t.t;!-- sjichguns as could bear on the obiect of attack sentence of death, which was President in a rery affctb manner. every thing wag ready on signal being made, thai he reiscd lw September JictS.