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Legislature of Maryland.

and it is estimated that that of the whole year will exceed 22,000,000. On Monday, the 1st inst. a sufficient number of It is presumed that the importations from the members appeared in the house of delegates to East Indies during the present year greatly exceed form a quorum, but in consequence of the act those which will take place during several consecu to Suppress Duelling, (passed at last session,) tive years, and that the reaction produced by the prescribing an additional oath to the old oath of excessive importations of 1815 and 1816, has in qualification, which additional oath was deemed some degree been diminished by that circumstance. unconstitutional, the members present did not qua There is, however, just ground to believe, that the lify, but adjourned until the next day, that farther revenue derived from this source, will not, for any given series of years, fall below that of the present year. Considering that this revenue, during the year 1807, (the last year that our commerce was not greatly embarrassed by belligerent aggression,) exceeded 16,000,000; that the duties then imposed are considerably augmented by the present tariff, Nicholas Stonestreet, esq. of Charles county, and that our population has increased more than (fed) had 35 votes for speaker; Mr. Hawkins, of thirty per cent. carrying with it, in the same de- Frederick (rep). had 31. gree, an increase of the means of procuring foreign articles, with an undiminished relish for their consumption; it is presumed that the revenue from that source, during the present year, will be found be less than that of any number of successive

years,

According to these views the permanent annual revenue may be estimated to amount to 24,525,000

Viz: Customs,

20,000,000

Internal duties,

2,500,000

Public laris, exclusive

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1,500,000

Bank dividinds at 7 per

cent.

4.90,000

Postage and incidental

receipts

35,000

And the payments into the treasury during the year 1818, may be estimated at the same amount.

To which add the balance estimated to be in the treasury on the first day of January, 1818.

Making together the sum of The probable authorized demands upon the treasury during the year 1818, are estimated to amount to Viz:

Civil, miscellaneous, diplomatic, and foreign intercourse,

Military services, in cluding an arrearage of five hundred thousand dollars,

Naval service, including one million of dollars for the gradual increase of the navy,

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2,069,843 29

6,265,132 25

3,611,376 20 10,000,000 00

time might be had to consider the subject. On Tuesday the opinion of Luther Martin, esquire, was communicated by letter to one of the delegates, and after the members convened, they determined to dispense with the additional oath, and qualify in the manser heretofore practised.

Martin, alluded to in the precedingThe following is a copy of the letter from Mr. Baltimore Nov. 24th, 1817. Dear Sir-I certainly would not wish to throw any obstacles in the way of any legislative provisions for the suppression or prevention of duelling; but so far as the law of last session requires, that the member chosen as a representative shall be obliged to take the oath prescribed by that act, I think there can be no doubt but that the same is unconstitutional. The constitution has declared what are the qualifications which shall render a person eligible, and when duly elected, what paths are to be taken by the member chosen, before he takes his seat. The additional oath required by the aforesaid law, has not the apology of having any relation to the peculiar duties he owes to his country in his legislative character, nor to regulate his conduct while he sustains that character. If such a law can be constitutionally passed, the legislature may, with as much propriety, enumerate every breach of the decalogue through all the subdivisi ons of each of the commandments, and compel each member, before he can serve his constituents, who have made him their choice, to bind himself by the solemn sanction of an oath, to live thereafter a life of sinless purity. Nor can I think it, even in a moral or religious point of view, correct that such oaths should be taken; for although it is certainly a sacred duty to form the strongest resolutions 21,946,351 74 against the violation of any duty which we owe to our Gon, or our fellow-creatures, and to solicit divine assistance to give us strength to keep such resolutions, yet I can scarcely believe, the most pious divine would recommend, to those under his charge, to lay such a snare for their souls, as to. bind themselves, with an oath, to keep them: And I can easily conceive that a man, who would consci entiously desire to perform every duty, might shrink, almost with horror, from placing himself in such a predicament, that if through the weakness of human nature he should violate his duty, he must thereby incur not only the guilt peculiar to the spe cific offence, but also stain his soul, in addition, with the guilt of perjury. And the more conscien tious the person, the greater in all probability would be the reluctance.

6,000,000

30,525,000

Public debt, Which, being deducted from the amount estimated to be received into the treasury, including the balance on the first of January 1818, leaves, on the first of January, 1819, a balance in the treasury, of 8,578,648 dollars 26 cents, which, however, will be applied to the redemption of the Louisiana stock, under the provisions of the act for the re demption of the public debt, passed the 3d day of March, 1817, as far as those provisions will admit. All which is respectfully submit ed.

WILLIAM H. CRAWFORD. Treasury department, Dec. 5th, 1817.

Whether the legislature by merely passing a law, could constitutionally disable a man from being chosen a delegate for having been guilty of sending a challenge, I think very doubtful-But in this case they have gone much further-they have declared a man to be ineligible, not for committing a crime, but because he may decline to bind Limself under the sanction of an oath that he never will commit t; or what amounts to the same-as to declare him

self ineligible; for it prohibits him from serving, if with humility and reverence to that God who bounelected.

I remain, dear sir, very respectfully, your obedient
servant,
LUTHER MARTIN.

Benjamin W. Lecompte, esq.
Cambridge, Md.

Legislature of Virginia.

COUNCIL CHAMBER, Dec. 1st, 1817.

Fellow citizens of the senate,

and of the house of delegates.

tifully sustains us in the enjoyment of those inestimable blessings, and to testify pur gratitude to him by the practice of every virtue, and of every christian charity which distinguishes a peculiar people?

the state from every danger that it may hereafter be exposed to, either from invasion, insurrection, or usurpation-or any other unfortunate vicissitude.

The first subject that naturally suggests itself to the mind of an enligtened legislature as of primary importance, is that which relates to the personal security and the sovereignty of that community which has entrusted them, as representatives, with the management of public concerns. As the mili In discharge of my duty in conformity to the es- tia, which is composed of the great mass of our tablished custom of all my predecessors in office, I citizens, constitutes the natural defence of a free venture to address a few remarks to you upon the state; it is upon them a reliance must always be commencement of your legislative labors. The placed, for the attainment of those great objects.happy constitution under which we live has most It is unnecessary to go into tedious details upon wisely provided against the innumerable evils which the defects of our militia laws, which are obviouswould have resulted from blending executive, le- ly known and felt to be expensive, harassing, and gislative and judicial powers and duties. The ex-perfectly delusive as to the objects of subordina ecutive, at all times scrupulously regarding that tion and discipline. Our revolution and the late constitution or form of government, consecrated in war seem to have demonstrated to the world the their affections by its being an inheritance, which vital importance of this species of military characdescended to them from their revolutionary fathers, ter, and how much it may be relied upon when securing to them their rights and liberties; and properly directed. The present legislature will witnessing as they have done, under the wisdom of therefore be disposed to give the subject the conits institutions, the rapid advancement of the state sideration due to it; nor will they, I hope, permit to the high and honorable reputation which it sus- this period of tranquility, so favorable to temperate tains, would be the last to encroach upon its prin- discussion and deliberation, to pass away, without ciples. They would, therefore, deem it their du-devising and maturing some system which will be ty to avoid every suggestion which would have the better calculated to inspire individual and public appearance of giving a bias to the legislative will. confidence, and to insure a perfect protection to While they thus regard the rights of every department of government, and of every individual in it, they will be prompt to feel and ready to discharge, to the best of their abilities, the high and respon- Every exertion has been made by the executive, sible obligations imposed upon them and their de- through the adjutant, quarter-master and commispartment by the constitution. sary-general of ordnance, to have the arms and acHappily for our beloved country, it no longer coutrements, the military stores, camp equipage,&c. groans under the horrors of a relentless, vindictive belonging to the state so disposed of as to be preand cruel war. Her councils are undisturbed by served from damage. I fear, however, from the the turmoils of passion and violence; and that hy-difficulty and impossibility, under the law, of fixdra, party spirit, is no longer seen to rear its bane- ing upon the responsible persons to whom arms ful head among us. The fiscal operations of our have been distributed, in consequence of deaths, government are prosperous, and between every de- resignations and removals, that a very considerable partment there prevails a perfect cordiality. The loss to the state must accrue. The completion of reign of reason and of justice, and of intellectual the arsenal in Lexington will hereafter partially power, is again acknowledged and restored. The guard against a continuance of the evil. agriculturalist is in the full enjoyment of the abun- From the present strength of the public guard, dant fruits of his toil; the mechanic is rapidly in- being, as I conceive, inefficient for any military pur creasing in wealth by his labor and industry; the pose whatever, even for the purpose of properly merchant reaps the advantage of a widely extend-guarding the public edifices, and public property ed and almost unlimited commerce, and receives in this city, I submit to the legislature the propri the just reward of his enterprize. Every condition ety of discontinuing the establishment. of society is in the perfect enjoyment of every im- The executive, in conformity to the law of the munity that appertains to it. Our national charac- last session, appointed five persons who constituted ter having been exposed during the late war to the a board of directors to superintend and manage the severest trials, and having stood the test, has just-affairs of the penitentiary. I regret to say, that ly inspired the people with an increased confidence, there was a difficulty in procuring the services of esteem and affection for their government, and has such gentlemen as were selected for the execution excited and commands the admiration and respect of the law. I am led to believe that their regard of foreign nations. How delightfui is the state of for the institution, and a sense of necessity which things to the heart of the philanthropic legislator, the case imposed, alone induced the acceptance of contrasted, with the dreary scene which our coun- the appointment. Patriotism may sometimes be try exhibited to his view, during the war from which found to supply every object of public concern; but we have but just emerged. Whilst we are thus in- it is questionable whether it is sufficient stimulus at dividually, and as a nation permitted to repose in all times, to command public service. undisturbed tranquility under our own "vine and By a report of the superintendant of the armory, fig tree, and there are none to make us afraid," which I shall hereafter have the honor of submit. protected by the wisdom of these institutions which ting, the legislature will have it more completely are bottomed on equal rights, maintaining our re- in their power to judge of the operations and preligious and civil liberties, insuring the invaluable sent state of that institution.

privilege of self-government; the only legitimate The board of public works, ardently disposed to government on earth; are we not bound to bow cherish that spirit of internal improvement which

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which occasions a vacancy in the eighth brigade of Virginia militia; this vacancy will be filled during the present session, by an appointment from the general assembly.

has been so happily diffused through every section ( the death of brigadier-general Francis M. Boykin, of the state, have occupied the talents of their public engineer upon those objects which they deemed of primary importance to the public interest. His surveys, plats and reports, of all the objects that have engaged his attention, shall in dne The resignation of Nathaniel H. Claiborne, esq. time be submitted for the inspection and conside-long a member of the privy council, occasions the ration of the legislature. This policy, which has necessity of filling that vacancy. for its object the promotion of individual wealth and industry, and which cannot fail to elevate the sharacter of the state abroad-which, if perseveringly prosecuted, will enable us to make a proud comparison of our efforts with those of our sister states, cannot but command an important share of your deliberations.

A few days hence I shall have the honor of sub mitting to the legislature, some other matters that have been received by this department, which I deem it my duty to communicate. Fellow citizens of the senate,

and of the house af delegates:

Upon a review of our past and present condition, The executive as soon as it was in their power, we must acknowledge that no period has ever been proceeded to execute the law, (as far as it depend-afforded so peculiarly auspicious for the promotion ed on them) "for arranging the counties into dis. and advancement of those great and important obtricts, for the election of senators, and for equali- jects, that so intimately concern perpetuation of zing the land tax."-Reports have been received government, our present and future happiness, as from not more than half the counties in the state, well as all our dearest interests, announcing the completion of the assessment. Whenever the whole of the assistant assessors shall have reported the assessment completed, the provisions of the law will be promptly executed.

Under a law of the last session, entitled "An act 'to repeal in part an act, entitled an act to provide an accurate chart of each county, and general map of the territory of this commonwealth," the executive proceeded to define the work which would be required, and had it published in the news papers of the state, with a view to receive proposals from such as might be disposed to contract with them for its execution. Proposals have been received from a few persons, but no contract has "yet been entered into in relation to the subject. The surveys heretofore contracted for are progress ing

I had hoped, that it would have been certainly in my power to have informed the legislature that our claims on the general government were finally adjusted and closed by payment. Although large sums have been received during the summer from the general government, yet I am informed by Mr. Chew, the commissioner for adjusting the claims, that on account of the informality of returns and vouchers, and from the press of business from other states of a similar nature upon the offices at the city of Washington, considerable sums remain suspended. He further informs me that every excr. tion is making on his part to bring the accounts speedily to a close, and that he is aided, as far as it is in their power, by the clerks and officers con

cerned.

It is with great mortification that I am compelled to suggest my fears that the mode proposed for the erection of a monument to the memory of general George Washington, by voluntary subscription, will not succeed. The executive appointed two or more persons, the most distinguished and influential in each county in the state, to receive donations, in hopes that their weight of character and exertions would excite those around to pay that tribute which is so justly due to the memory of a man who is the acknowledged saviour of his country, and the purest patriot and brightest ornament that ever adorned human nature.

The lamented death of Griffin Stith, esq. one of the judges of the general court, occasioned a vacancy during the recess of the legislature, which the executive filled by the appointment of Richard E. Parker, to be approved or displaced by both houses."

I have to communicate to the legislature the

In this rising republic, every man is born with equal claims to the highest offices in the gift of the government. Virtue and talents alone can insure public patronage; and, united, may aspire to the most distinguished employments. You have it in your power, by laying a broad foundation for the rearing of genius and the cultivation of the human mind, to raise to yourselves an everlasting monument, an imperishable fame. You have the right, and your constituents have afforded you the means, through a proper use of the literary fund, of emancipating the human mind from the gloomy bondage of ignorance.

They look to you, and you are accountable to them at least for the performance of this all-important and sacred duty. Remember, that we owe our present happy form of government, our liberties, both civil and religious, to the talents and genius and virtue of our predecessors. They have solemnly warned us that these blessings can only be perpetuated through the means by which they were attained. Cease to cultivate the mind and heart, and your liberties are lost forever. Then, pardon me, for endeavoring so fervently to impress upon you that you owe to the rising generation and to posterity, as legislators, no obligation so solemn and so sacred as that which relates to their edu cation and the attainment of knowledge. In vain shall we transmit them the blessings of a free government, which have cost our forefathers so much blood and treasure to establishand preserve, if we do not inspire them with the capacity of enjoying it, through the means of liberal and patriotic feelings and expanded minds. Give then to all, rich and poor, equally, the means of instruction, and your legislative labors will be blessed and perpetuated, and your country rewarded in the honest, liberal, independent and faithful discharge of your duty. JAMES P, PRESTON.

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tulation, and to call forth the warmest expressions no punishment should be inflicted in direct op of gratitude to the great Author of all these bless- position to public sentiment. That which most ings. nen will unite promptly in pronouncing wrong, The rapid progress we have made as a nation, must certainly be wrong. And though the law as in improvements tending to ameliorate the condi- it now stands has been in force for some years, this tion of man, seems to point to the high destiny re-circumstance is not to my mind conclusive evidence, served for the United States, and it behoves us as that public sentiment is in it favor. It is to be rea constituent member of the union, not to be back-membered that the public attention has for some ward in exertions calculated to give us a respecta- years back, been drawn to a complete change of ble stand with our sister states in this advancement. our criminal code, and this law may have been perThe rank which each state has in the union; is mitted to exist in expectation of this change. For in a great measure estimated by her commercial my part I have been led to the conclusion, that pubimportance. Situated as North Carolina is, voiding lic opinion is in opposition to the present mode of her exports through the two adjoining states, she punishment, from the circumstance, that not a conhas not that consequence in the commercial world, viction has taken place in this state, since I have to which her population and productiveness so emi- been in office, but a petition has been presented for a nently entitle her. To raise her to her proper sta- pardon, signed, in every instance coming at this tion, claims the united efforts of every North Ca time within my recollection, by all the jury, and a solinian. long list of others of the most respectable kind, sr. liciting a pardon solely upon the ground of the se verity of the punishment. And I have in every instance yielded to the prayer of the petition, not from the belief that the power of pardoning carried with it a dispensing power, but from a firm conviction that public sentiment was in hostility to the present law, and that every officer is bound, no matter by what tenure he may hold his office, to pay respect to that sentiment.

A report upon the subject of opening an outlet to the ocean will probably be laid before you at this session. If it be practicable, the advantages arising from it to the state would seem not worthy of a competition with any reasonable expense. A spirit of internal improvement has of late gone abroad, which if properly cherished, may be productive of the most beneficial effects; and I am not aware that the surplus funds of the treasury can be better ap. plied, than in aiding individual enterprise, in undertaking to advance the happiness and convenience of our citizens, and to give the state a rank among her sister states commensurate with her population and extent of territory.

A well organized and well trained militia is no doubt the surest safeguard in a free country, and deserves all the encomiums which have upon va• rious occasions been lavished upon that species of force. But the great difficulty in this as well as To enlighten the public mind in a free govern- many other states seems to exist in obtaining a ment, has ever been held the surest mode of perpe- force of this description thus well organized and tuating the blessings of the government; in propor- trained. Without meaning any disparagement to tion as each individual in a community is informed, the courage or patriotism of the militia of this state, just in that portion is he calculated to appreciate the fact is too evident to be denied that they are the benefits derived from that community. To devise a plan by which instruction may be extensive ly diffused, occupied some portion of the attention of the last legislature, and as the subject may be again submitted for your consideration, it may not be unseasonable for me thus to invite your attention to it in a particular manner.

in a deplorable state as regards discipline. To give to this great mass of moral and physical force, the efficiency which it merits and is capable of receiving, it is indispensable that they should be instructed and practised in the rule by which they are to be go verned.-Towards an accomplishment of this im portant work, the expediency of instituting a sys. tem, which shall, in the first instance, call into the field at the public expense, and for longer periods than at present, certain portions of the commission. ed and non-commissioned officers, is recommended for your consideration. The instruction and discip line thus acquired, would gradually diffuse through the entire body of the militia that practical knowledge and promptitude for active service, which are

Upon the two former occasions, when I had the honor to address you, I took the liberty of soliciting your attention to the judiciary, and you may judge of the importance attached to the subject in my mind, from my again bringing it before you. It will be readily admitted, that next to the legislative, this is the next most important branch of the government, and upon its proper organization a great deal depends. The accumulating duties the great ends to be pursued. of the present circuit judges would seem to de- In conformity with a resolution of the last general mand, that their attention should exclusively be de-assembly, I enquired of the commanding officers of voted to the duties of their circuit; and whether the counties to which arms had been distributed the supreme court, whose decisions are to deter- by the act of 1812, relative to the situation of the mine what is the law of the land, and are to be hand-arms. The result of that enquiry may be seen upon ed down as precedents for the guidance of future an examination of the packet marked (A) containgenerations, should not be composed of men, who ing the reports of the officers. The act of 1812 could devote their time and attention exclusively to makes it the duty of the governor to distribute the the business of that court, seems to me well wor-arms which may thereafter be received from the thy of consideration. A curtailment of the circuits general government, to certain counties named in also, is with deference recommended. the act. I declined complying with the requisites

A complete revisal of the criminal code of our of this act as to the fifteen hundred and eighty state has frequent occupied the attention of the le-stand received in 1816, until the sentiments of the gislature, and may possibly be brought before you legislature should be expressed upon the reception this session. Should it not, there is one part of it of the report of the state of the arms already diswhich appears to me to require amendment; I al-tributed. These arms still await your disposition lude to the punishment of horse stealing. I am ful-fat the United States' store houses in Wiliningcon ly sensible of the delicacy with which subjects of and Newbern.

this sort should be touched; but feel myself tread- Information has been received that the ordance ing upon safe ground, when I take the position, that department of the United States is prepared to de.

liver the proportion of arms and equipments to of the commanding officer, and as general Robert which this state is entitled by an act of congress. had not evinced any wish to have a judicial investi. An offer has been made to deliver in artillery agation of his conduct, and had further evinced that proportion of the value of what may be found due. his honor was not to be relied on, for making his There being no authority to assent to this proposal, appearance, I conceived myself authorised to order the subject is submitted to your consideration. him into close confinement. From this close conI lost no time in transmitting to Mrs. Blakely the finement the judge who rode the circuit thought resolution of the last session relative to the main- proper to release him, and feeling no disposition tenance of her child. Mrs Blakely has accepted the to have the farce of assembling a court martial reoffer made by the legislature, and has drawn upon acted without any compulsory power to compel the the treasurer for six hundred dollars for its support attendance of gen. Roberts, an order was issued by for five years, accompanied with a request, that my direction to prevent the assemblage of the should this sum be thought large, the legislature court a second time. This statement is made with would greatly add to the obligations she is already a view to obtain a legislative provision, to compel under, if a sum could be named for which she might the attendance of officers on court martial, if the draw for semi-annually. That part of the resolu- decision of the judge be correct. tion directing the sword voted capt. Blakely by a It is much to be lamented that a cause of differformer legislature, to be purchased and presented ence should exist between two states, having such to Mrs. Blakely, has not been carried into effect, strong inducements to union as North Carolina and and it is sab nitted if some other present, for in- Tennessee.

stance a sei of tea plate, would not be a more suit- The memorial which was presented to the last able present, the child being a female. Mrs. Blake-session of congress, having been as I have been inly's letters upon this subject are submitted in the formed, postponed in consequence of the pressure, file (B.) of business, it is most respectfully submitted, wheI compliance with the resolution authorising ther the bringing the subject again to the view of and requesting the governor to order a court mar congress by another memorial (lest the one alrea tial for the trial of general Roberts, an order was dy presented should be permitted to remain another issued for the court to assemble at the court house session among the unfinished business of the last,) n Newbern on the 16th of June. General Roberts treating with due respect the feelings of our sister was arrested but permitted to go at large. He state, but at the same time, supporting with dig. was notified of the time and place of meeting of the nity and firmness the rights of N. Carolina, would court and served with a copy of the charges and be deemed superfluous or intrusive. specifications. The court assembled at the time! A letter is herewith submitted from George Graand place appointed, and general Roberts not mak- ham, esq. acting secretary of war, containing inforing his appearance, the court declined trying him mation that the commissioners appointed to treat on the original charges and specifications, but with the Cherokee Indians, have signed a treaty by cashiered him for breach of arrest in hot making which that nation have relinquished their claim to his appearance, and without notice of the charges. a tract of country including the whole of the land Upon the proceedings being submitted for my claimed by them within the limits of the state of approbation, they were disapproved upon the N. Carolina, and that this treaty would be submitground that a man could not be tried in his ab-ted to the senate at their next session. sence without notice.-1 then directed the adjutant The claim of North Carolina against the U. States general to issue an order to the commanding offi. for monies advanced by the state, in payment of cer of the county of Carteret, to order out a detach- militia called into the service of the United States, ment of militia if necessary to arrest general Ro- remains unsettled. The war department has been berts and keep him in close confinement until the from time to time furnished with the documents court could be assembled; and a court was accord- called for. By a letter received a few days since ingly ordered to assemble again at the court house from the 3d auditor, I am informed that upon an in Newbern on the 13th October. This latter proceeding was founded upon the following clause in Macomb upon Martial Law. p. 54.

estimate being furnished of the probable amount of the outstanding claims, a further sum will be advanced to the executive of the state to meet the payment of them; and that a final adjustment will be made upon the completion of the payments, and the transmission of the additional documents.

"Although the martial law make no mention of any difference in the manner of the arrest in order to trial, a difference is established by the custom of the army, according to the degree or measure of On this last occasion of addressing you, I cannet the crime. An officer accused of a capital crime, omit the fit opportunity of presenting to you, and or any offence of which the penalty is so severe as through you to your predecessors, my sincere to excite a natural temptation to escape from jus thanks for the repeated instances of confidence re. tice, ought to be detained in a state of confinement posed in me. The indulgence with which my conas secure as the closest civil imprisonment. If the duct while in office has been viewed by my friends, offence be of a lighter nature, the presumption is, will always be remembered with gratitude. In adthat the officer whose character is thus impeached, ministering the affairs of the state, I have no doubt must be solicitous to obtain a judicial investigation committed many errors. It is the province of hu of his conduct, and he is therefore generally al-manity. But I can with confidence affirm, that they lowed to walk about within certain limits without have been errors of the understanding and not of his sword, on his word of honor, to await the issue inclination.

of a trial, or his enlargement by proper authority.- That your deliberations will be directed to the The degree and measure of the arrest must, howe-interest and prosperity of the state, your consti ver, be entirely at the discretion of the command tuents have a sure gurrantee in the circumstance of ing officer, who will in all cases regulate his con- your being selected from them, from your attachduct by the particular circumstances, and by the ment to and knowledge of their interest. dictates of propriety and humanity." Upon this With the highest consideration and respect, 1 latter part of the clause, believing the degree and have the honor to be, your obedient servant, measure of the arrest to be solely at the discretion

WILLIAM MILLER.

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