VOL. 6--NO. 48.]
TUE GARLAND.
With sweetest flowers enrich'd,
From various gardens cultic' with care."
FINN TDB NEW YORK MIIIOOII.
TaE wry ETING.
OW MISS ELIZAIIeTH DOGABT.
YET once agnin we met!
And thou wert still unaltered—and my heart
Forgave the world its fickleness, su which
Thou hadst no part.
AO I forgot that thou couldst never be
More than a thought—a memory to me!
It !noticed not. Life's joys
.Ate, ball of hope and hallo( memory, mailer,
XitQ,lrt dreams--and happiness itself
Is but a shade.
Before us ever in the distant vicw—
We grasp it not, however we pursue. .
And yet to meet thee thus,
After long mouths of absence, and to see
Thy smile the same, and feel that time had wrought
No change in thee,
Were something more than those unreal things,
Which hope oft promises and memory brings.
Thy voice fell on my heart,
With its first charm unbroken by the years,
Whose course have I ink'd a few ,brief,scattcr'd smiles,
' With many tears!
Smiles which have shone on thee—and tears that fell
Full often after bidding thec farewell !
And we have parted, now!
Thou to sail lightly on, with fortune's tide,
With hope's bright colors spread before thy view—
And I to chide
The lingering moments. with but memory's power
To cheer the gloom of each succeediug hour.
Such—such is destiny!
The star is changed beneath whose light we met,
Or 'twas thy star. not mine—and it were well
Could I forget. •
For all things bright and happy cling to thee,
And thus divide thee farther yet from mu!
And though we meet again,
And though thy smile be sweet, thy voice be kind,
The distance will between us still remain,
Which fate designed.
And thou and I a separate path must tread, [spread!
Thy way through sunbeams-411W, with clouds o'er-
THE REPOSITORY.
It .i..1a.11.1.1bit.y.a.1
(DV THE AUTHOR OP "JAPHET."I
CIIAPTKR IV.-PORTLAND DILL.
The Happy.go lucky sailed with a fresh breeze
and a flowing sheet from St. Makes, the evening
before the Arrow mailed from Barn Pool. The
Active sailed from Portsmouth the morning after.
The yacht, as we before observed, was bound to
Cowes, in the Isle of Wight. The Active had or.
.to cruise wherever sho pleased within the
limits of the admiral's station; and sho ran for
West Bay, on the other side of the Bill of Port
land. The Happy go lucky was also bound for
that bay, to land her cargo.
. The wind was light, and there was every ap•
pearance of fine weather, when the Happy-go
lucky, at 10 o'clock on the Tuesday night, made
the Portland lights; its it was impossible to run
bar cargo that flight, oho hove to.
At 11 o'clock, tho Portland lights wore made
by the revenue cutter, Active. Mr. Appleboy
wont up to have look at them, ordered the cutter
to be hove to, and then went down to finish his al
lowance of gin-toddy. At 12 o'clock yacht Ar
row made the Portland lights, and continued her
course, hardly stemming the ebb-lido.
Day broke. and the horizon was clear. The
first on the look out were, of course, the smug
glers; they, and those on board of the revenue cut.
ter, were the only two interested parties—the
yacht was neuter.
"There are two cutters in sight, sir," said Cot.
belt, who had the watch; fur Pickersgill, having
been up almost the whole night, had thrown him
self down on his bed with his clothes on.
"What do they look like?" eaid Pickersgill,
who was up in a momenL
"One is a yacht, and the other may be; but
1 ratho: think, as tar as I can judge in the gray,
that it is our old friend off here."
"What! old Appldboy?"
"Yea. it looks like him; hut the day has scarce
ly broke yet."
"Well, ho can do nothing in a light wind like
tbis• ' and, before the wind, we can show him our
heels: but ere you sure the other is a yacht?" said
Piekersgill, coming on the deck.
"Yes; the king is more careful of his canvass."
"You're right," said Pickorsgill, "that is a
yacht: and you're right there again in your mut
—that is the stupid old Active, which creeps about
creeping for tubs. We11,.1 see nothing to -alarm
us at present, provided it don't fall a dead calm,
and then wo must take to our boat as soon as he
takes to his; we are four miles from him at least.
Watch his motions, Cot tvt, and see it he towers
a boat. What does she go now? four miles, that
will soon tiro their men."
The positions of the three cutters were as fol
lows:—
Tho Happy.golucky was about four miles off
Portland Head, and well into West Day. The
revenue cutter was close to tho Hoed. The
yucht was outside of the smuggler about two
miles to the westward, end about five or six miles
from tho revenue cutter.
•'Two vessels in sight, sir," said Mr. Smith,
coming down into the cabin to Mr. Applebny.
"Very well," replied the lieutenant, who was
kink down in his standing bed place.
• "The people say one is dm Happy•go lucky,
sir," drawled Smith. •
"Heh? what! Happy•go-lucky? yes, I recol.
sect; I've boarded her twenty .times—always
empty. How's she standing?"
"She stands to the weidward now, sir; but she
was hove to, they say, when they rst saw her."
"Then she has a cargo in her;" and Mr. AP.
pleboy shaved himself, dressed, and went on deck.
"Yes," said the
,lieutenant, rubbing his eyes
again and again, and then looking through the
glass, "It is her sure enough. Lot draw the fore
sheet—hands make sail.' NVhut vessel's the oth.
en?"
"Don't know, sir,—she's a cutter." •
"A cutterl yes; may be a yacht, or may ho the
new cutler ordered on the steunn. Make all sail,
Mr. Tamltins; hoist our pendant, and fire a gun—
they will understand what wo mean then; they
don't know the Elappy.go lucky as well as wo do."
In a few minuteslbe Active was under a press
of Bei!: she heisted per pendant, and fired a gun.
Tho smuggler perceived that the . Active had re.
cognised (mould she also throw out more canvass,
and ran off more to the tveotward.
"There's a gun, sir," reported one of di e men
to Mr. Stewart, on board . of the yaCht.
"Yes; give me the glass—a revenue cutter--
then this vessel in shore, running towards us,must
be a smuggler."
"She has just now made nil sail, sir."
I.Yes; there's no doubt of it; I will go down to
his lordshipHreep her as she goes."
Mr. Stewart then went dawn to inform Lord. B.
of the circumstance. Not only Lord 8., but most
of the gentlemen came on dock; as did soon after.
wards the ladies,' who had received the intelli
gence from Lord 8., who spoke to thorn through
the door of the cabin.
But the smuggler had more mind then the rev_
epuo cutter, and increased her distance.
"I WISH NO OTHER HERALD, NO OTHER SPEAKER OF MT LIVING ACTIONS, TO KEEP MINE HONOR FROM CORRUPTION."-SITARS.
"It we were to wear round now, my lord," ob
served Mr. Stewart, "she is just abreast of us and
in shore, we could prevent hor escape."
"Round with her, Mr. Stewart," said Lord 8.,
"we must do our duty, and protect the laws."
"That will not be fair, papa," said Cecilia Os
aulton, "we have no quarrel with the smugglers;
I'm sure the ladies have not, for they bring us
beautiful things."
"Miss Ossulton," observed her aunt, "it is not
proper for you to offer an opinion."
The yacht wore round, and, sailing so fast. the
smuggler had little chance of escaping her; but to
chase is one thing—to capture, another.
"Let us give her a gun," said Lord 8., "that
will frighten her; and he dare not cross our hawse."
The gun was loaded, end not being more than a
mile from the smuggler, actually threw the ball
almost a quarter of the way.
The gentlemen as well as Lord 8., were equally
excited by the ardour of pursuit; but the wind dien
away,and at last it was nearly calm. The revenue
cutter's boats were out, and coming up fast.
"Let be get our boat out, Stewart," said his
lordship; "and help them, it is quite calm now."
The boat was soon out: it was a very large ono;
usually stowed on, and occupied a large portion
of, the deck. It pulled six oars: and when it was
manned, Mr. Stewart jumped in, and Lofd B. fol
lowed him.
"But you have no arms," said Mr. Hautaine .
'•Tho smugglers never resist now," observed
Stewart.
"Then you are going on a very gallant expedi
tion, Indeed," observed Cecilia Ossulton; "I wish
you joy."
But Lord B. was too much excited to pay atten
tion. They shoved off, and pulled towards the
smuggler.
At this time, the revenue boats were about five
mile. astern of the Happy-go-lucky, and the yacht
about three quarters of a mile from her in the
offing. Pickersglll had, of course, observed the
motions of the yacht; had seen her wear on chase.
hoist her ensign and pendant, and fire her gun.
"Well," said he, "this is the blackest ingrati-
tude; to be attacked by the very people whom we
smuggle for. I only wish she may come up with
us; and, let her attempt to interfere, she shall rue
the day: I don't much like this, though"
As we before observed, it fell nearly calm, and
the revenue boats were in chase. Pickersgill
watched them as they came up.
"What shall we do," said Corbett, "get the boat
out?"
"Yes," replied Pickeragill, "we will get the
boat out, and have the goods in her all ready: but
we can pull faster than they do, in the first place;
and, in the next, they will be pretty well tired be
fore they come up to us. We are fresh,and shall
soon walk away from them; so I shall not leave
the vessel ttll they are within hull a mile. We
must sink the ankers, that they may not seize the
vessel, for it Is not worth while taking them with
us. Pass them along ready to run them over the
bows, that they may not see us and swear to it.—
But we have a good half hour and more." .
"Ay, and you may hold all fast if you oki!iose,"
said Morrison, "although it's better to be the
right side and get ready; otherwise, before half
an hour, I'll swear that we are out of their sight:
look there," said ho, pointing to the eastward at
a heavy bank, "it's coming right down upon us,
as I said it would."
"True onough,but still there is no saying which
will come up first, Morrison; the boats or the fog,
so we must be prepared."
"Hilton! what's tins? why, there's a boat coin
ing from the yacht."
Pickeregill took out his glass.
"Yes, and the yacht's own boat, with the name
painted on her bows. Well, lot them come—wo
will have no ceremony in resisting them: they
are not in the act of parliament, and must take the
consequences. We have nought to fear. Get
stretchers. my lads, and handspikes; they row six
ours, and are three in the sternsbeete—they must
be good mon Willey take us." .
In a few minutes Lord B. was close to the smug
gler.
"Boat, ahoy! what do you want?"
"Surrender, in the king's name."
"To what, and to whom, and what are we to
surrender? We are an English vessel coasting
along'shore."
"Pull on board, my lads," cried Stewart; "I'm
a king's officer—we know her."
The boat darted alongside, and Stewart and
Lord 8., followed by the menjumped on the deck.
"Well, gentlemen, what do you want?" said
Pickersgill.
"We seize you—you are a smuggler; there's on
denying it—look at the casks of spirits stretched
along the deck."
"We never said that we were not smugglers,"
replied Pickersg ilk "but what is that to you? you
are not a king's ship, or employed by the reve
nue."
"No, but We carry a pendant, and it is our duty
to protect the laws."
"And who are you?" said Pickersgill.
"I am Lord D."
"Then,my lord, allow me to say that you would
do much better to attend to the framing of laws,
and leave people of lees consequence, like those
astern of me, to execute them. "Mind your own
business," is an old adage. We shall not hurt
you, my lord, as you have only employed words,
but we shall put it out of your power to hurt us.
Como all, my lade. Now;my lord, resistance is
useless; we are double your numbers, and you
have caught a Tartar."
Lord B. and 1l r. Stewart perceived that they
were in an awkward predicament.
"You may do what you please," observed Mr.
Stewart, "but the revenue boats are coining up,
recollect."
"Look you, sir, do you see the revenue cutter?"
said Pickersgill.
Stewart looked in that direction, and saw that
she was hidden in the fog.
`•ln five minutes, sir, the boats will be out of
sight also,and so will your vessel; we have nothing
to leer from them."
"Indeed, my lord, wo 'had better retorn," said
Mr. Stewart, who perceived that Pickersgill was
tight. . .
"I beg your pardon, you will not go on board of
your yacht so soon as you expect. Take the oars
out of the boat, my lads, two et three of you, and
throw in a couple ofour puddles for them to reach
the, shore with. The rest of you knoek down tho
first man who oilers to resist. You are not aware,
perhaps, my lord, that you have attemped piracy
on the high seas."
Stewart looked at Lord B. It was true enough.
The men of the yacht could offer no resistance;
the oars were taken out of the boat, and the men
put in again.
"My lord," said Pickersgill, "your boat is man•
ned—do me the favor hi step into it: and you, sir,
do the same. I should be sorry to lay my hands
upon a peer of the realm, or a king's officer oven
on half pay." •
Remonstrance was vain; his lordship was led
to the boat by two of the smugglers, and Stewart
followed.
"I will leave your oars, my lord. at the Wey
mouth custom-house; and 1 trust this will be a lea.
son to you in tutors to mind your own .busi
nem` "
The boat was shoved ofT from the sloop by the
mouton., and was soon lost sight 'of in the fog,
which had now covered the revenue boats as well
SY 11013:1111,T WHITE EDITOR., PI72I.IIEIECER. AND PROPRIETOR.
6...WWWltazinpanit. ataxPmcalr. aimmalUALLI/TX SEDD aCIZICh
an the yacht; at the game time, it brought down
a hreeze from the eastward.
"Haul to the wind, Morrison," said Pickers.
gill, "we will stand out to get rid of the boats; it
they poll on, they will take it for granted that wo
shall run into the bay, as will the revenue cut
ter."
Pickersgill and Corbett wore in conversation
abaft for a short time, when the former desired
the course to be altered two points.
"Keep silence all of you, my lade, and let me
knew if you hear a gun or a bell from the yacht,"
said Pickersgill.
"There is a gun, sir, close to us," said one of
the men—"the sound was right ahead."
"That will do, keep her as she goes. Aft here,
my lads; we cannot run our cargo in the bay, for
the cutter has been seen to chase us, and they
will all be on the look-out at the preventive sta
tions for us on ahore. Now, my lads, I have made
up my mind that, as these yacht gentlemen - have
thought proper to interfere, I will takes possession
of the yacht for a few days. We shall then out
sail every thing, go where we like unsuspected,
and land our cargo with ease. I shall run along.
side of her—she can have but few hands on board;
and mind, do not hurt any body, but be civil and
obey my orders. Morrison, you and your four
men and the boy will remain on board as before,
and take the vessel to Cherbourg, where we will
join you."
In a short time another gun was fired fkom the
yacht. Those on board, particularly the ladies,
were alarmed; the fog was very thick, and they
could not distinguish the length of the vessel.—
They had seen the boat board but had not seen her
turned adrift without oars, as the fog came on just
at that time. The yacht was left with only three
seamen on boardond,should it come on bad weath
er, they were in an awkward predicament. Mr.
Hautatne had taken the command, and ordered
I the guns to he fired that the boat mi g ht be enabled
to find thorn. The fourth gun was loading, when
they perceived the smugglers' cutter close to thorn,
looming through the fog. - •
"Here they are," cried the seamen; "and they
have brought the prize along with them. Three
cheers for the Arrow!"
"Hilloa: you'll be on board of us," cried lieu
taine.
"That's exactly what I intended to be sir," re
plied Pickersgill, jumping on the quarter-deck,
followed by his men.
"Who the devil are you!"
"That's exactly the same question that I asked
Lord B. when he boarded -us," replied Pickersgill,
taking off his hat to the ladies.
"Well, but what business have you hero?"
"Exactly the same - question which I put to Lord
8.," replied Pickersgill.
"Where is Lord 8., sir?" said Cecilia Castilian,
going up to the smuggler; "is he safe?"
"Yes, madam, he is sate; at least ho is in his
boat with all his men, and unhurt—but you must
excuse me, if I request you and the other ladies
to go down below, while I speak to these gentle.
goon. Be under no alarm Miss; you will receive
ileither insult nor ill treatment-1 have only taken
possession of this vessel for the present."
"Take possession," cried Hautaine, "of a
yacht!"
"Yes, air. since the owner of the yacht thought
proper to attempt to take possession of me. I al.
ways thought that yachts were pleasure.vessels,
sailing about for amusement, respecting them
selves and not interfering with others. '
but It ap
pears that is not the ease.- The owner of
this yacht has thought proper to break through
the neutrality, and commence egression; and,
under such circumstances, I have now in retali
ation, taken possession of her."
"And pray, what do you mean to do, sir?"
"Simply, for a few days, to make an exchange. I
I shall send you on board of my vessel as smug:
glerr, while I remain here with the ladies and a.
muse myself in yachting."
"Why, sir, you cannot mean—
"l have said gontlamen, and that is enough; I
should be sorry to resort to violence, but I must
be obeyed You have, I perceive, three seamen
only left: they are not sufficient to tako charge of
the vessel, and Lord B. and the others you will
not moot for several days. My regard for the la
dies—even common humanity, points out to me
that I cannot leave the vessel in this crippled con
dition. At the sumo time, as I must have hands
on board my own, you will oblige me by going on
board, and taking her safely into port. lt is the
least return you can make fur my kindness. In
those dresses, gentlemen, you will not be able to
do your duty; oblige me by shifting, and putting
on these." Corbett handed a flannel shirt, a
rough jacket and trowsers, to Messrs. Hautaine,
Ossulton, Vaughan, and Seagrove. After some
useless resistance they wore stripped, and, hav
ing put on their emu attire,they wet e harid
ed on board of the Happy-go lucky.
The three English seamen wore also sent on
board, and confined below. as well as Ossulton's
servant, who was also equipped like his master,
and confined below with the seamen. Corbett
and the men then handed up all the smuggled
goods into the yacht, dropped the boat, and made
it fast astern; and, Morrison having received his
directions, the vessels separated—Morrison run
ning for Cherbourg, and Pickersgill steering the
yacht along shore to the westward. About an
hour after this exchange had been effected, the
fog cleared up, and showed the revenue cutter
hove to for her boats, which had pulled back, and
were close on board of her; and the Happy-go
lucky, about three miles in the offing. Lord B. ,
and his boat's crew were about four miles in
shore, paddling and drifting with the tide towards
Portland. As soon as the boats were on board,
the revenue cutter muds all sail after the smug
glor, paying no attention to the yacht, and either
not seeing or , not caring about the boat which was
drifting about in West Bay.
"Here we are, Corbett, and now I only wish
my venture had ben double," observed Pickers.
gill; "but I shall hot allow business to absorb me
wholly—we must add a little amusement. it np
pears to me, Corbett, that, the gentleman's clothes
which lie thre will fit you, and those of the good
looking fellow who was spokesman will, I am
aura, suit me well. Now let us dress ourselves,
and then for breakfast."
Pickersgill soon exchanged his clothes for
those of Hautaine, and Corbott fitted on thoge of
Mr. °smitten. The steward was summoned up,
and dared not disobey; he appeared on dec..,
trembling.
"Steward—you will take these clothes below,"
said Pickersgill, "and, observe, I now command
this yacht; and, during the time that I ant on
board, you will pay me the same respect as you
did Lord SI. nay, more, you will always address
me as Lord B. You will prepare dinner and
breakfast, and do your duty just as if his lordship
was on board, and take care that you feed us well
for I will not allow the ladies to be entertained in
a less sumptuous manner than before. You will
tell the cook what I say,—and now that you have
heard me, take care that you obey; if not, recut.
lest, that I have my own men here, and if I but
point with my finger, overboard you go.—Do you
perfectly comprehend me?"
"Yes,—sir," stammered the steward.
"Yes, sir!—;What did I tell you, sirralX—Yes,
my lord.—Do you understand mor
"Yes—nip lord."
"Pray, steward, whose elotheis has this gontlo• I
man put on?"
"Mr.—Mr. Ossulton's I think—air—my lord—
I mean."
"Very well, steward; then recollect, in future
you always address that gentleman as Mr. Ossul.
ten."
"Yea, my lord," and the steward went down
below, and was obliged to take n couple of glass
ea of brandy, to keep himself from fainting.
"Who are they, and what are they, Mr. Mad
dox?" cried the lady's-maid who had been weep
ing.
"Pirntes!—blendy, murderous, stick atmothint
pirates!" replied the steward.
"Oh!" screamed the lady's.maid, "what will
become of us, poor unprotected females!" and
she hastened into the cabin, to impart this dread
ful intelligence..
The 'mks in the cabin were not in a very en
viable situation. As for the elder Miss Osmium,
(but, perhaps, it will be bettor, in future, to dis
tinguish the two ladies by calling the elder sim
ply Miss Ossulton, and her niece, Cecilia,) she
was sitting with her salts to her nose, agonised
with a mixture of trepidation and wounded pride.
Mrs. Lascollas was weeping, but weeping gently.
Cecilia Was sad, and her heart Wtlb beating with
anxiety and suspense—when the maid rushed in.
"Oh madam! Oh miss! Oh Mrs. Lascelles!
have foundit all out!—they are murderous,bloody,
do.every-thing pirates!!!"
"Mercy on us!" exclaimed Miss Ossulton; "sure-
Irthey will never dare--?"'
"Oh, ma'am, they dare any thing!—they just
now were throwing the steward overboard—and
they have rummaged all the portmanteaus,. and
dressed themselves in the gentlemen's best clothes
—the captain of them told the steward that ho
was Lord 11.—and that if he dared to call him any
thing else, he would cut his throat from ear to
oar—and if the cook don't give them a good din- .
ner, they swear that they'll chop his right hand
off, and make him eat it without popper or salt!"
Miss Ossulton acreamed,and went off into Ilya
terics.—Mrs. Lascelles and Cecilia wont to her
assistance; but the latter had not forgotten the ve•
ry different behavior of Jack Pickersgill and his
polite manners, when he boarded the vessel. She
did not, therefore, believe what the maid had re
ported, but still her anxiety and suspense were
great, especially about her fattier. Alter having
restored her aunt, she put on her bonnet, which
was lying on the sofa.
"Where aro you going, dear?" said Mr. Las
cellos.
"On deck," replied Cecilia; "I must and wall
speak to these men."
"Gracious heaven! Miss Ossulton; going on
deck! have you heard what Plicebe says?"
"Yee, aunt, I have--but I can wait here no
longer."
"Stop her! stop her!--.he will be murdered!—
she will be--she is mad!" screamed Miss Offset
ton; but no one attempted to stop Cecilia, and on
deck she went. On her arrival, she found Jack
Pickersgill and Corbett walking the dock; one of
the amugglera at the helm, and the rest forward,
and as quiet as the crow of the yacht. As semi
as she made her appearance, Jack
hat, and made her a bow. . I ''k474.
"I do not know whom I have the honor . of ad
dressing, young lady, but I am flattered with this
mark of confidence.—You feel,and I assure you,
you feel correctly, that you are not exactly in
lawless hands."
Cecilia looked with more surprise than fear at
Pickeragill; Mr. Hautaine's dress became him,
he was a handsome, fine-looking man, and had
nothing of the ruffian in his appearance; unless,
like Byron's Coraair,he was half savage, half soft.
She conld not help thinking that she had met
many with less pretensions, as far as appearance
went to the claims of a gentleman, at Almack's,
and other fashionable circles.
- "I have ventured on dock, sir," said Cecilia,
with a little tremulousness in her voice. "to re.
quest, as a favor, that you will inform me what
your intentions may be, with regard to the ves
sel, and with regard to the ladies?"
"And I fool much obliged to you for your so
doing, and I assure you, I will, as far as I have
made up my own mind, answer you candidly: but
you tremble—allow me to conduct you to a seat.
In few words, then, to remove your present alarm,
I intend that the vessel shall be returned to its
owner, with every article in it, as religiously re•
spected as if they wore church property. With
respect to you, and the other ladies un board, I
pledge you my honor, that you have nothing to
fear; that you shulLbe treated with every respect;
your privacy never invaded; and that, in a few
days, you wjll be restored to your friends. Young
lady, I pledge my hopes of future salvation to
the truth of this; bat, at the same time, I must
make a few conditions, which however, will not
be very severe."
"But, sir," replied Cecilia, much relieved, for
Pickersgill had stood before her in the most re
spectful manner, "you are, I presume the captain
of the smuggler7—Pray, answer me one question
more—what became of the boat, with Lord 8.,
he is my father?"
"I loft him in his boat, without a hair of his
head touched, young lady; but I took away the
oars."
"Then he will perish!" cried Cecilia, putting
her handkerchief to her eyes.
"No, young lady, he is on shore probably by
this time; although I took away his means of as
slating to capture us, I left him the means of
gaining the land. It is not every one who would
have done that, atlas his conduct to us."
"I begged bins not.to go," said Cecilia; "I told
him that it was not fair, and that he had no Oar- .
rel with the smugglers."
"I thank you even for that," replied Pickerogill
"and now, miss-1 have not the pleasure ofrocol.
lecting his lordship's family name."
"Ossulton, sir," said Cecilia, looking at Pick
crawll with surprise.
"Then. with your permission, Miss Ossulton,l
will now make you my confidant; excuse my
using so free a term, but it is because 1 wish to
relieve your fears; at the same time, I cannot per
mit. you to divulge all my intentions to the whole
party on board;
I feel that I may trust you, 'for
you , have courage, and where there is courage,
there generally is truth; but you must first tell
me whether you will condescend to accept these
terms?"
[TO BE CONTINUED•]
ECCLESIASTICAL.—At an election of the
Evangelical Lutheran Churth, in York, Pa.
recently held, the Rev. A. H. LOCIIMAN, Of
Harrisburg, was elected pastor of said
Church, to succeed the Rev. Dr. J. G.
SOIIMUCKER, resigned.
The Legislature of New Jersey have done
equity between the "Orthodox" and "Hick•
site" sections of the Society of Friends, by
passing the bill, which provides for the di
vision of the corporate property owned by
Friends, between the two sects, according to
their relative numbers.
AN IMPORTANT DOCUMENT.
/RT; -7- Relief Bill!
ilk.lll &CT,
To repeal the state tax on real and personal proper
ty. and to continue and extend the improvements
of the state by rail roads and canals, and tocharter
a state bank to be called the "United States Bank."
SEcTioN 1. Be it enacted by the Sen
ate and House of Representatives of the Com
monwealth of Pennsylvania, in General As
sembly met, and it is hereby enacted by the
authority of the same. That all and every
provision of the Acts of Assembly passed the
twenty-fifth day of March, in the year one
thousand eight hundred and thirty-one, res.
pectively, entitled. An act assessing a tax
on personal property,to be collected with the
county rates and levies, for the use of the
commonwealth, and an act to increase the
comity rates and levies for the use of the
commonwealth, be and the same are hereby
repealed, except so far as relates to the col
lection of taxes assessed before the first day
of October last: Provided, That the said re
peal shall not go into effect until all the
terms and provisions hereinafter set forth
, shall be fully complied with.
SECTION 2. The present stockholders of
the bank of the United States, excepting the
United States and the treasurer of the United
States, and such other persons as may be.
come stockholders agreeably to the by-laws
made for that purpose. to an amount not ex
ceeding in the whole the present 'capital of
the said bank, their successors and assigns,
be and are hereby created a corporation and
body politic, by the'name and style of "the
President, Directors and Company of the
bank of the United States," and shall so con
tinue until the third day of March, in the
year one thousand eight hundred and sixty.
six;' and by that name shall Maud are here
by made capable in law, to hail s e; purchase,
and rece; ve,possess,enjoy and retain,to them
and their successors, lands,rents, tenements,
hereditaments, goods, chattels, and effects,
of 'Whatsoever kind, nature and quality, and
the same to sell, grant, demise. alien or dis
pose of, to sue and be sue'd, to use a common
seal, and the same to alter and renew, and
to make such by-laws and ordinances as they
shall deem necessary, not being contrary to
this act,the constitution of the United States,
or to the constitution and laws of this com
monwealth; and also to prescribe rules fot
the transfer of the stock of said corporation,
and generally to do all the acts which to
them it shall or may appertain to do,•and to
enjoy the same privileges and authority giv
en by law to any bank within this common
wealth, subject to the rules and restridtions
hereinafter prescribed.
SECTION 3. For the management of the
affairs of the said corporation, there shall be
annually elected at the banking house, in
the city of Philadelphia,on the first Monday,
in January in each year, by a Pluriility of
votes, which shall be given by the qualified
stockholders of the said bank in person or by
proxy, twenty directors, who shall be capa
ble, of serving for one year, and who shall,
at the first meeting after their election in
each year, proceed to elect one of their di
rectors to be the president of the corpoiation,
who shall hold the said office during the
same period for which directors are elected;
but if an election of dieectors or of the presi
dent should not be made on that day, the
said corporation shall not for that cause be
dissolved, but it shall be lawful at any other
time to hold such elections; and until such
elections be made, the directors and presi
dent for the tune being shall continue in
office; and in case of the death or resigna
tion of the president,the directors shall elect
another president from their own number;
and in case of the death or resignation'of a
director, the 'vacancy may be supplied by
the remaining directors.
SECTION 4. The following shall be the
fundamental articles of the said corporation,
to wit:
Article 1. None but a stockholder who
is a citizen of the United States sliall be a
director, or vote at an election for directors,
either in person or by proxy; and all proxies
shall be dated within sixty day& before the
day of each election. The number of votes
to• which each stockholder shall be entitled
in voting directors Phallie as follows:
for one share and not more than two shares,
one vote; for every two shares above ttio,
and not exceeding ten shares, one vote; for
every four shares above teri,and not exceed.
ing thirty, one vote; for every six shares a
bove thirty, end not exceeding sixty, one
vote; for every eight shares above sixty,and
not exceeding one hundred, one vote; but ao
person, co partnership, or body politic; shall
be entitled to a greater number than thirty
votes; and after the first election, no share
or shares shall confer a right of voting,unless
the same shall have been held three calen
der months before the dayOf election.
Article Not more than three-fourths
of the directors who shall be in office at the
time of an annual election, shall be• elected
for the succeeding year,and no director shall
hold his office for more than three years out
offnur in succession, but the director who
shall he the president may always be re-elect
ed; and previous to each election 'of dime•
tnrs, - the board of directors shall appoint
three stockholders,not directors,to be judges,
of the election, who shall conduct and regu
late the same, after having severally 'taken
and subscribed an oath or affirmation,before
some justice Of the peace or alderman, well
and fiiithfully and lawfully to conduct the
election; anti who alter the conclusion of the
ballot shall decide and openly declare who
[WHOLE' NO. 308.
are chosen directors for the ensuing year.
No director dam , other hank shall •be, at
the same time, a director of this benk . t per'
shall the governor, or any executiveor ju
dtcial officer of this cornmonwealth,Or mem
ber of congress, or 01 the state logisidture,
be a director.
Article 111. Not less than 'seven 'dire°.
tors Shall constitute a board for the trataiate.
lion of business, of whom the president.,
shall always be one, except in case °Feick- „
ness or necessary ebsence, in which Caailite
place may be supplied by any director,;''''
he by writing under his hand Shall'
depute. for that purpose; and in case the
president shall rot so depute, the tiosid-of - ,;;..
of directors may elect a directer-,t0:40- 4 1k , ,!
ring the absence of the president.
Article IV. A general meeting . of
stockholders for purposes relative to theiry
. stitution, may at any time be called, either .
by the board of directors, or by sixty or •••
more stockholders owning orie thousanil nr
more shares of the capital stock, on giving
at least six weeks notice in two public news
papers, published in the city of Philadelphia
and specifying in such notice the object 0r 4 ,:.
objects of such meeting. And there Shill , >,:"
be a general meeting of the stock holders at,.
the banking house, in the city of Philadel:
phis, on the first Monday of January in ev
ery year, at which time the directors shall;
lay before them a general and particulur
.
statement of the affairs of the company.
Article V. The lands, tenements, and': ; :
hereditaments which it shall be lawful_ fok
the said corporation to hold, shall be only .
such as`shall be requisite for its immediate
accommodation in transacting its biisinesS,
and such as shall be bona fide mortgaged
to it by way of security, or conveyed to it
in satisfaction of debts previously contiaCt
ed in the course of its dealings, or purchas
ed for the purpose of securing such debts.
The said corporation shall not directly, Or
indirectly,dealnr trade in any thing except
bills of exchange, gold and silver bullion, or
in the sale of goods really and truly pledged'
for
for money lent, and - not redeemed in duo
time,--or goods whicb shall be the proceeds
of its lands. Neither shall it make - any
loan to any foreign prince or state, unless
previously authorised by law. The said
corporation shall
-not be , at liberty :to pm
chase any stock Whatever, ex6iitit, their tivin
stock, treasury notes,Pr e public stocks crea
ted by the government of the' United Stt4s
or of this State, or stock of, or loans to any
of the incorporated companies of this State,_
for the construction and improvement of
roads, bridges, canal or inland nairgation,
or other stocks which may be benii fide
pledged is 'security for debts_ to the batik, '
and not duly redeemed.
Article VI. The rate of discount at-
which loans may be made by said bank '
within this commonwealth, shall riot exceed .
one half of one 'per centum for thirty days. . :
And the notes' and bills which.shall belitsu
ed by order of said corporation, or under tts
authority, shall be binding upon it,end those
made payable to - order .shall 'aseignable
by endorsement, but none shall - be issued of
a denomination' less than ten &liars; at;d
the bank shall neglect or refine to paying
notes or bills or moneys deposits hen due,
on demand made at the bank duriNUnking
hours, the person or persons entitled to the,
same shall receive' interest thereon at' the
rate of twelve - per cent a' year until pay- -
ment be made. And the notes of the cot--
poration in circulation, shall - never exceed ,
the capital actually paid in. The total a-,
mount of debts which the said corporation
may at any time owe, whether by _bond,;::
note or other contract,excepting the amount;
of money due to depositors, shall not tit any.'
time exceed double the amount of capital
stock actually paid in; and in case of excess,
the directors under whose administration 'it
shall ha ppen,shill be liable in their individn.
al capacities, and an action of debt may in'
such case be brought against them, Or any.
of them; or any of their heirs, executors' or
administrators, in any court having comps-
tent jurisdiction,by any creditor or creditors
of such corporation, and may. be 'prosecuted
_to judgment and execution; any condition,
covenant or agreement to the contrary not
withstanding; but thit3 shall
,not be constru
ed to exempt the said corporation, or the
lands, tenements, goods and chattels of the
same, from being also liable for and chirp
able with , the said excess. Such of the said ,
directors as may have been absent when the
said excess was contracted or created, shall
not be considered as consenting thereto, or
liable therefor, and those who may have dia.
sented liom the resolution or, net whereby
the same was so contracted or created;and
who shall enter their dissent upon the
minutes of the board, may exonerate, them.
selves from being so liable, by forthwith ,
ing notice of the fact to the stockholders pt,
a
a general meeting, which they , shall have
power to call for that purpose. •
Article VII. If the said bank should at
any time_refuse to pay i
any ofits notes;bilith
obli2ations, or deposited moneys, in froldir ,
silver, then at or after the expiration ef t ,
three months'from the time of the dist
refusal of said bank to'pay as afOresard,
shall and may be lawful for theitigcler - W.i
proprietor of the same, to mike' applo2o4.i
in writing to any judge of any
proper county, to allow hint 43,r .her:icy - JlOOl6 l
proof of said refusal on ib'ath or ittrin#loo,
hYone or more disinterested
nestles, before said judge,`
shall be to give at leak tea de ye
the president or -cashier . 01114
time and place of making suclr
der that an opportunity may be
rebutting the same by teatime"; teetiVri