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other modes of perpetuating or disseminating this | Considerations on the course of instruction necessary indispensable art. But, in a country, situated as for the officers of the different arms of an army. ours is, with a small standing army, and far removed from any power from which we have much rations of war; and the variety of the means emCircumstances of locality; the nature of the opeto fear, the important knowledge of the art of deployed for the purposes of destruction, and prefending our shores, will in a long peace, without servation, have naturally lead to the subdivision the particular patronage of the government, be of an army into several parts; which differ in their nearly lost. The establishment of military acade. mies, is the cheapest and safest mode of producing ed to render reciprocal aid to each other, to comanner of combatting, but which are also intendand perpetuating this knowledge. The govern-operate the most efficaciously to the same end, and ment ought to furnish the means to those who are to constitute, when in action, but one combined willing to bestow their time to acquire it. The whole.

cadets who cannot be provided for in the army, will This subdivision existed among the ancients, as return to private life; but, in the event of war, their it does among the moderns; and with both, (the knowledge will not be lost to the country. The absolute and relative numerical force of these subgoverment may then avail itself of their military divisions being supposed nearly equal) the sysScience, and, though they may not be practically tems of war have been uniformly more perfect, and acquainted with all of the details of the duty in productive of great results, in proportion as the the army, they will acquire it in a much shorter several parts were better calculated to act with time, than those who have not had the advantage promptitude, precision, and in concert. These of a military education: No truth is better sup- parts are designated in modern armies by the word ported by history, than that other circumstances being nearly equal, victory will be on the side of arm; and consist of infantry, cavalry, artillery, and those who have the best instructed officers; the du engineers. Each of these arms act occasionally as ties of a soldier, are few and simple, and, with well in general the principal arm; while the three others principal, or as accessary. In a battle, the infantry is instructed officers, they can be acquired in a short are more or less accessaries; in the pursuit of a retime; as our own experience, and that of other countries has satisfactorily proved. To form com- and in a siege, the artillery and engineers, are the treating army, the cavalry becomes the principal; petent officers, in the present improved state of the art of war, is much more difficult, as an off-principal arms, and the rest are merely great auxcer, besides a knowledge of the duties belonging to the soldier, has others of a more difficult na ture to acquire, and can only be acquire 1 by long experience, or by a regular military education.

iliaries.

Among the means which modern discipline em. ploys, to give the greatest effect to the combined action of these arms, is instruction. And here, the With these views, I would recommend one addi same motives which have resorted to a subdivi. tional military academy. It ought to be placed sion of labor, as a powerful cause of perfection in where it would mutually accommodate the south-objects of general industry, have also led to a ⚫ern and western portions of our country, which subdivision of military instruction, as most proare the most remote from the present institution, ductive of that concert and efficiency desirable in Besides an additional aca lemy, I would submit. the operations of an army. This instruction, and for the consideration of the committee, the pro the objects and advantages of its subdivision, are priety of establishing a school of practice, to be the subjects of present consideration. fixed near the seat of government. On this important subject, I respectfully annex, as a part of this communication, a report from general Bernard and colonel M'Ree, to this department; in which the subject is so fully discussed, as to supersede the necessity of any farther observations.

To obtain, by the aid of military instruction, greater effect in the particular, or combined employment of the different arms, two modes im-. mediately presented themselves: First, that each arm should be composed of individuals, versed exclusively in the theory and practice of that arm: The expenses of erecting the necessary buildings Second, that the individuals composing each arm, for an additional military academy, on a scale as should be instructed equally in the theory and extensive as that at West Point, would cost about practice of all the other arms. The first of these one hundred and thirty thousand dollars, of which methods is insufficient; because, in giving to each sum, however but a small part would be required individual merely the knowledge necessary to for this year. The current expense of the institu- the duties of his own arm, it leaves him deficient tion would, (exclusive of the pay of the cadets, of what is necessary to connect the operations of which is sixteen dollars per month, and two rations that arm, with the operations of the rest, as parts per day,) probably amount to about twenty-two of one general system. The second is impracticathousand dollars, per annum. ble: because it is the privilege of but few indivi.

For the school of practice, there would be but lit-duals, to possess that facility of intellect which is tle expense, except for the erection of the necessary requisite to embrace four branches of knowledge, buildings for the accommodation of the institution. as extensive as are those in question, and to pracThe pay of the superintendent and professors, tice them all, with that correctness and promptishould they be even taken from citizens, wouid tude, which is the peculiar advantage of such as not exceed eight thousand five hundred dollars, devote themselves principally to but one of these which would constitute nearly the whole of the branches. In order to avoid both of these inconcurrent expense, as the lieutenants of the artillery veniences, the theoretical and practical knowledge and engineers, while at the institution, will not re- in the conduct and operations of an army, has been ceive any additional pay or emoluments. The ex-divided into two distinct classes; the one embra pense of the buildings may be estimated at eighty cing whatever is common to all the arms; the other thousand dollars, of which, however, but a small confined to what particularly appertains to each part would be required for the present year.

I have the honor to be your most obedient serv't.
J. C. CALHOUN.

Hon. R. M. Johnson, chairman, &c,

arn. A consequent and similar division has followed in the instruction; the first branch to include what is necessary and useful to the service of every arm; the second to include the theory and practică

of each arm in particular. Hence, the necessity the arms of an army; and which ought to have of an elementary, or common school, where the been extended, and applied to artillery, fortifica knowledge common to every arm, should be given tion, and topography. The consequence has been, alike to all who are intended for the army; and a that the officers of infantry, artillery, and engineers school of a higher order, for the purpose of increas- and of the topographical corps, have had the same ing when necessary, the elementary knowledge, degree and kind of instruction; and the only real which has previously been acquired to the extent difference which existed between them, on leaving demanded, and teaching its application to the the school, consisted in the uniform of their re particular objects and duties of each arm which spective corps or regiments. If any have been so constitute a school of application. In those coun- fortunate as to render themselves serviceable, eitries which have large military establishments, ther in the artillery or engineers, the cause, must there is a school of application for each arm. be sought for, in their own industry, and not in the But these nations, who in time of peace, keep education received by them at West Point, which but a feeble military force on foot, find it advan-was barely sufficient to excite a desire for military tageous to unite, as far as possible, these different inquiries and of military pursuits. schools of application in one; where such as are It remains to enumerate the branches of knowadmitted for the service of those arms which de ledge which are common to all the arms, and those mand a more advanced theoretical, or more varied which are necessary, and appertain more or less practical knowledge receive their last degree of aca- exclusively, to each or several of these arms. The demical instruction. In this last case, the students subjoined table, exhibits the two principal diviat the school of application, receive likewise two sions of the instruction. The first part, includes kinds of instruction: 1st, That which is common the branches of knowledge, that are necessary, to to the several arms to which they are destined; all who are destined for any arm of the military and 2d, That which is exclusively necessary to the establishment, either as officers in the exercise of arm in which they are respectively to serve. their immediate professional duties, or as men of Among all nations possessing military schools of information, liable, in the course of their military application for such as are destined for the infantry career to be intrusted with other interests. It is, and cavalry, are the regiments of the army in which threfore, that the mathematics, for instance, are they are to serve. It is on joining and doing duty extended farther than is strictly necessary to the with their respective regiments, that they learn to apply the instruction received at the elementary school, and acquire whatever relates to the discipline, the conduct, administration, and legis lation of troops.

officer of infantry; that natural and experimental philosophy, and chemistry, are inserted under the elementary division, rather as forming part of a liberal education than of mere military utility; and finally, the several kinds of drawing are only taught in the elementary division, as an advantageous inThis cannot be the case, however, with those troduction to the prompt acquisition and exercise destined for the artillery and engineers, or the to- of the art of topographical delineation. This divipographical corps. They are all, more or less, sion or elementary part of the instruction, will reliable to be employed separately, and immediately quire five professors, three teachers, and two inafter leaving the school; and are deprived of the structors. The number of assistants, &c. depend advantages peculiar to the officer of infantry or upon the number of individuals at a school. cavalry, of making their first essays in their profesThe same table presents the second part of the sional duties, under the eyes of their chiefs, or of instruction, which is in addition to the first, and those who have preceded them; and being unas-is necessary to those destined to the engineers, sisted by the advice or opinions of their superiors artillery, or topographical corps. Here the mathein rank, knowledge, and experience, they are not matics are carried to a higher degree, which is only left without the means of obtaining the in- rendered necessary by their applications to mastruction of which they are yet deficient, but also chines, the theory of artillery, the construction of frequently exposed in the execution of the duties charts, &c. Descriptive geometry is applied to confided to them, to compromit the public service machines and fortification. Fortification is taught by the commission of errors, which too often lead to the extent which is exclusively necessary to the to irreparable misfortunes, and which are produc- officers of engineers; and artillery to the extent tive, at least, of a wasteful expenditure of public that is only required for the officers at that property, always beyond, sometimes exceeding, an arm. Geometry and trigonometry receive their. hundred fold, the expense of giving a proper edu application to topographical operations, and sphe cation to the individual who has not been qualified rical trigonometry and descriptive geometry, to to exercise his profession, with satisfaction to him- the projection, &c. of charts. This part of the inself, or usefully to his country. struction, will demand four professors. Because, These considerations alone, appear to us suffieither these two divisions of the instruction, will cient to show the advantage if not necessity, of be taught at one school, or at two separate schools. dividing the course of military instruction between In the first case, the professors of the elementary two schools; the one elementary, and the other a school of application.

course, will be insufficient, and cannot attend to a course of instruction thus extended: in the second The elementary school at West Point, has hither case, the four professors before mentioned, become to been very inferior, as such; and altogether inad- absolutely necessary. But whether the entire equate to the objects for which it was established. course, or both of these divisions of the instruction, A project has been presented, however, calculated shall be taught at the same, or at two separate to place this school upon the footing of the most schools, it will not be less indispensable; and a perfect of the kind which exists. As to a school division of it, similar to that here established, of application, there is none. The degree of in- should still exist in fact. The question is there. struction, given to the cadets at the school of fore reduced to this, shall the elementary, or first West Point, has heretofore been for the most part part of the course of instruction, be taught at West limited to a general acquaintance with those Point, and the second part at a separate school, branches of knowledge, which are common to all to be established elsewhere? Or shall the second

part constitute an additional class or classes, at the school of West Point, to consist of those cadets only, who are destined for the engineers, artillery, and topographical corps, and who shall have previously passed through the elementary classes?

students of the elementary classes, and those com. posing the classes of application, will originate claims to precedence and superiority on the one part, and resistance to such pretensions on the other, which no regulations can restrain within proper limits.

The second division of the course of instruction Sd. It will be necessary to have two sets of proexhibited by the annexed table, and which must fessors at the same school, and in several instances constitute, either a school, or classes of applica two professors of the same department of science, tion, is practical as well as theoretical. The ap who will be independent of each other. Hence plication of the elementary branches of instruction, increased occasions of discord. Individual interest and the higher branches of the mathematics, to and feelings must of necessity, and frequently will the theory of artillery, fortification; and topogra. be brought into collision; which experience has phy, forming the theoretical or academic part of sufficiently proved, would lead, first to divisions this division of the course of instruction, while the among the academic staff, and finally, to the formaapplication of these theories to the circumstances tion of parties among the officers and cadets, deof the ground, &c. requires, and must be taught structive of that harmony and order which should to the student, by a course of actual experiments, prevail, and are believed essential to the success and practical exemplifications in the field. It is ful operations of the school. necessary to make this remark, in order to a just 4th. The duties of the two sets of professors, the appreciation of all the considerations, which should studies and occupations of the officers and cadets, influence in the decision of the present question. being different in their character, and requiring to The advantages which may be derived from a union be arranged differently, as to time and other cir of the school of application, in the shape of addi- cumstances, will render two distinct systems of tional classes, to the elementary school, are almost organization and police indispensable, which freexclusively those of economy, and admit of being quently cannot be made to accord, without incorrectly ascertained; they consist, curring some inconvenience or injury, or without

1st. In having certain duties, that are common the sacrifice of some advantage on the part of one and necessary to both establishments, performed or the other division of the school, and perhaps of by the same individuals, who are now employed both.—The superintendent will, in fact, have two for those purposes at West Point. Such are the duties of the superintendent, most of the officers of the military, staff, and disbursing department. 2d. In the purchase of an additional site, which will be avoided.

3d. In saving the additional expense of quarters, academical, and other buildings, to the extent that they now exist at West Point, beyond the wants of that establishment.

schools to govern and conduct; his time and atten. tion will therefore be divided, alternately occupied with the peculiar concerns of each, and frequently employed in reconciling conflicting interests. The whole system of administration for the two schools, will be more or less controlled or influenced, by the inconvenient and unnecessary relations in which they are placed to each other.

The advantages and disadvantages here enumerat4th. In saving the expenses of purchasing a ed, as attending the union of the two divisions of library, instruments, &c. to the extent of those now the course of military instruction at the same on hand at West Point.

5th. In saving the travelling and other expenses to which the graduates of the elementary school would be subjected in order to join and commence their course at the school of application, if these institutions were separate; and,

6th. In avoiding a loss of time on the part of the graduates, which would take place on their trans fer to the school of application in the case just supposed.

The following are the considerations which oppose a union, and which consequently urge a separation of these two schools:

school, are obviously too different in their kind to admit of being compared; nor is it necessary that they should be. The expense attending the se parate establishment of a school of application, might be offered as a reason for rejecting it altoge ther; but by no means for uniting it to the elementary school, when the operations of both would be obstructed in consequence of so doing, and their ultimate success rendered more than doubtful.

Among the advantages that will be derived from the establishment of a school, of application are, the means it will afford of providing for other de partments of national service, besides those which 1st. The classes of application will consist of have been mentioned; and by locating it immedi those individuals destined for the artillery, en- ately under the eyes of the government, the mes gineers, and topographical corps, who shall have sures necessary to enlarge, or to adapt it to the graduated at the termination of the elementary particular objects in view, will be more readily course of instruction, and who will consequently ascertained, and applied with greater certainty of be then promoted by brevet or otherwise, in the effect. The necessity of this institution will be same manner as those destined for the infantry. come urgent, in the event of one or more additional There must probably be two classes of applica-elementary schools being created. It will then be tion, and the number of students of which they expedient, for those very reasons of economy which ought to consist, in order to supply the annual now form the only objections that, can be opposed Vacancies in their respective arms, will not be to it; and it will be necessary because it will less than seventy. The school will therefore be enable the respective candidates for the engineer, augmented by this amount, and will be composed artillery, and topographical corps, to be assembled of commissioned officers and cadets, whose rights, at the same school, and to receive in common their interests and occupations will be more or less last degree of instruction and duties of each of dissimilar; and who must consequently be governed these arms be attained, which is essential to their by regulations, &c. essentially different, which will perfection.

at once destroy that unity of system, necessary to We are, therefore, of opinion, that a school of all military institutions. application is decidedly necessary to the military 2d. The difference in point of rank, in the service of the country; that to be rendered efficient,

it ought to be separate from all immediate con-¡lary from the second, and must share the same nexion with any other institution, and that it should fate.

have a central location, and as little removed as If the defendants had a right to sell as they did, possible from under the observation of government. they were entitled to commission; but if they vioWhich is respectfully submitted to the honor-lated their duty to their employer, then they can able J. C. Calhoun, secretary of war. claim from him no compensation for doing so.

(Signed)

BERNARD,
Brigadier general.
WM. M'REE, major engineers.

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David Dunham and others, ads. David Hazul. This was an action against the defendants, who are auctioneers and commission merchants in the city of New York, for having sold four bales of cotton bagging, belonging to the plaintiff, for a price less than that limited by his orders.

As to Todd's testimony-It is argued, that being a general agent, with no particular instructions, he had no authority to sell at auction-that for having done so, an action may be brought against him by his principal, and that he has, there. fore, an interest in the event of this suit.

Supposing that he had no right to sell at auction, (which I do not admit) the plaintiff, bringing this suit, has ratified Todd's acts, and barred himself from suing him for that cause. His interest, too, if he has any, is too remote and uncertain, to disqualify him as a witness; and I do not perceive that the verdict in this cause can be evidence in any future action to be brought against him. I therefore, think that he was properly admitted.

The principal point, and that which has been most labored, is the second; viz. that it is unlaw. ful to limit the price of an article sold at auction.

At the trial in May last, Wm. Todd was sworn as a witness for the plaintiff; he was objected to, To support this proposition, (which is certainly as incompetent, but the objection was overruled. contrary to common usages and opinion,) the case He testified that he was the agent of the plaintiff, of Boxwell vs. Christie, (1. Cowper, 395,) is relied in relation to the cotton bagging, that he had no on. In that case, the property of a person de. particular instructions as to the mode of selling ceased, had been advertised for sale at auction, it; that the plaintiff had entire cofidence in him, and the printed conditions of sale declared, that and submitted every thing as to the time and man every article should be struck off to the highest bidner of disposing of it, to his judgment; that in der. Boxwell sent a horse to be sold at that auction, 1817, he delivered to the defendants, to be sold, and under those conditions of sale, but directed five bales of cotton bagging, belonging to the Christie, the auctioneer, not to let him be struck plaintiff; that, on the 8th May, 1818, he directed off for less than a certain sum; Christie set the the defendants to sell them at auction, and gave horse up, and struck him off to the highest bidthem written instructions not to sell four of the der, for a less sum, and for so doing, Boxwell bales under the cost price, or 15 cents a yard; and brought an action against him. Lord Mansfield that, three days after, the defendants sold those assuming, that in that case, the orders of the owner bales, at auction. could only have been complied with, by employing It was then proved by the defendants, that bag- some one to bid on his behalf, proceeded to consiging was sold, part for 6 and part for 7 cts. a yard; der the propriety of that practice, and thinking that it was of inferior quality, and that no more could it inconsistent with morality, held that the action be got for it at auction, and by wholesale, but that could not be sustained. This decision, however, it was afterwards retailed by the purchaser at, is not precisely in point. Lord Mansfield states from 8 to 12 cents a yard. It was admitted, that the question to be determined in these words: the defendants had, before their last orders, used "Whether a bidding by the owner of goods at great diligence in endeavoring to sell the bagging, sale under these conditions, namely, that the highbut had not been able to get the limited price. est bidder shall be the purchaser, and if a dispute The defendant's counsel objected that the order arise, to be decided by a majority of the persons preto sell at auction, for not less than a certain price, sent, is a bidding within the meaning of such condiwas illegal, and that, therefore, the action could tions of sale? But it must be confessed, that not be maintained. The court overruled the ob-his reasoning goes to prove all private bidding jection, and charged the jury to find for the plain- by an owner unlawful. But he adds: "The disal tiff the value of the four bales at the best price lowing of it is no hardship on the owner, for if he which could have been obtained for them, had is unwilling that his goods should go at an under they been sold in the most advantageous manner, price, he may order them to be set up at his own and directed them to allow the defendants no com-price, and not lower: such a direction would be missions on the sales of the four bales. They ac-fair: Or, he might do, as was done by lord Ashcordingly found for the plaintiff $160 51, being at burnham, who sold a large estate at action; He the rate of about 9 cents a yard. had it inserted in the conditions of sale, that he himself might bid once in the course of the sale; and he bid at once 15 or £20,000; such a condition is fair."

At the July term, a motion was made for a new trial, and argued by Mr. Harris, for the defendants, and Mr. Dewitt, for the plaintiff. A few days af ter, the Recorder gave the following opinionhaving first stated the facts in the case.

The defendant's counsel have made three points. 1st, That William Todd was an incompetent witness.

24, That the instructions given to the defendants were illegal.

Now, in the present case, the defendants had re, ceived no instructions concerning the conditions of sale, or the manner in which the articles were to be set up; and if they could lawfully obey the directions they had received, they were bound to do so. They might have pursued either of the methods mentioned by lord Mansfield: or if, when

3d, That the defendants were entitled to com- the four bales were put up, the auctioneer had missions on all the goods sold.

proclaimed that the goods were not to be sold

It is evident that the last point is a corrol-Juntess fifteen cents a yard were bid for them, cap

it be imagined that this would have been a fraudu, others of its value may have an effect on the lent transaction? And if such proclamation were estimate which he forms of it. If, then, it should necessary to render the sale legal, then it was the prove that these bidders are all employed by the duty of the defendants to make. They were simply owner of the article, and bid only in appearance, directed to sell at auction for not less than a cer- and not in reality, a falsehood is asserted which tain price-the manner of doing so was left to the bystander has no means to detect, and a fraud themselves. If they published conditions of sale, is practised upon him. making it necessary to sell for less, they violated In the year 1726, the house of lords decided in their duty. In this view of the case, an examina the case of Walker vs. Nightingale, (4 Bro. T. C. tion of authorities might be dispensed with. But 193) that a person who had been employed as a it may not be unprofitable to examine, with some puffer could not recover compensation for his ser attention, the doctrine they contain on this subject. vices, since they were contrary to good faith. In Human laws are necessarily imperfect. It is im- 1776 was decided the cause of Roxwell vs. Christie, possible for them to control every word and action, before cited. In 1796 in Howard, vs. Castle. (6 and since they are to be administered by men, it T. Rep. 642,) a sale was held void, it appearing is perhaps fortunate that they cannot-No laws that all the bidders except the purchaser were attempt to inforce what are termed virtues of im- puffers. In Conholly vs. Parsons, in 1797, (3 Vesey perfect obligation; and much as they respect truth, 625) the lord Chancellor expressed doubts of the they take no cognizance of its transgression in an doctrine laid down in Boxwell and Christie, and in almost infinite number of instances. Public utility 1798, in Bramley, vs. Alt, (3 Vesey, 622) this docis the principal object of the law, and it best trine received a very reasonable limitation, that a promotes this by interfering only upon necessary sale should not be considered fraudulent because a occasions. It is in general more useful to draw puffer had been employed, if there were real the line between what is lawful and what is unlaw-bidders, who bid after the puffer had ceased to ful, and so broad and distinct as to be plain and bid. In 1806, in Smith us. Ciark, (12 Vesey 477) obvious to all men, than by an overstrained anxiety a specific performance was decreed against a to render it the precise limit between right and vendee, although the person who bid immediately wrong, to make it indistinct wavering and doubt before him was employed to procure a sale under ful. The minuter deviations from rectitude can a given price-so that the doctrine received a new be corrected ouly by the influence of religion. modification, certainly inconsistent with the opin. Proceeding upon these principles, the common ions expressed in Boxwell vs. Christie. It being law does not profess to relieve in every case of now admitted that where no fraud was intended, imposition. It requires the exercise of ordinary but a bidder was employed merely to prevent a prudence, and refuses its assistance to such as sale beneath a fixed and fair price, the transaction will not exert it. To those who ask for aid against should not be considered fraudulent. And if the the consequence of their own sloth, and supineness, decision of this cause be correct, it goes far to it answers vigilantibus non dormientibus subveniat decide that which is now before us. lex. To the purchaser, who complains of having Thus it appears that the rigid doctrine of lord been deceived in points, where the use of his own Mansfield in Boxwell vs. Christie has been gradually senses would have been sufficient to protect him softened and made more comfortable to the com from fraud, it replies caveat emptor. If a man, in mon notions of mankind and the daily practice and the full possession of his faculties, will not take habits of the society in which we live. And it the trouble to use them, he must often put up with seems at present to be understood, that the emthe consequence: not because it is consistent with ployment of a bidder by the owner will or will not morality to take an unfair advantage of the sloth be deemed a fraud, according to circumstances. or folly of another, but because it is not necessary, If a number of persons are procured to attend an nor would be useful, for the law to act as tutor and auction to enhance the price of an article by a guardian for men who are capable of taking care pretended competition, the artifice is held to be of themselves. It is for the same reason, that gross fraudulent and illegal-but if an agent is employed disparity between the price and value of an article bona fide to prevent a sale under a given price, the sold, is not of itself a sufficient reason to vacate a transaction is considered lawful. contract of sale even in court of equity. Nor will! It is unnecessary for me to discuss the abstract those vague and exaggerated praises which vendors morality of employing bidders by the owner of are accustomed to bestow upon their wares, though goods-but I think it evident from the case cited, ever so undeserved, authorise the vendee to annul that a mere limitation of the price of an article to his bargain. So that supposing the employment of be sold at auction is not in itself illegal. It is bidders by the vendor of an auction, to be an ex- true, that, for the purpose of making it bring pedient which the rigid moralist would disapprove, that price, unworthy and unlawful artifices may it would still remain to be shewn that the sale be resorted to-but in the present case no such should on that account be annulled. But if a fuct, artifices were contrived, or directed, or authoris such as might have influence with a prudent man, ed, by the plaintiff or his agent-he merely inand such as cannot be readily ascertained, be falsely structed the defendants not to sell for less than so asserted, the party deceived may in general ask much-and if such instructions could in any way for redress-And it is on this ground, I apprehend, be lawfully complied with, (and even lord Mans. that the practice of employing at auction per field admits that they might be) then the defensons, whom the English style puffers, has been dants were bound by them. And having viewed condemned and made a ground for relief in various this cause in every light I remain of option that cases; for it is plain that a person may be inten- the verdict is right. The motion for setting it tionally deceived as to a fact, though the falsehood aside is therefore denied.

be not asserted in words. And if, at an auction, a number of persons are seen bidding, even a pru. dent man may be influenced by the circumstances; it may lead him to believe that the article for sale

Law Question.

FROM TАК COLUMBIAN

is in demand, and the judgment expressed by Is, or is not, a deed, power of attorney, or other

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