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United States vs. James E. Hardyman, The 176 (1839)

handle is hein.slavery/ussccases0086 and id is 1 raw text is: SUPREME COURT. THE UNITED STATES VS. JAMES E. HARDYMAN. The defendant was indicted for receiving treasury notes of the United States, stolen from the United States mail. The indictment, in one of the counts, described oine of the treasury notes as bearing interest annually of one per centum. A treasury note was offered in evi- dence, bearing interest at one M. per centum; and parol evidence was offered to show that treasury notes, such as the one offered in evidence,'were received by the officers of the, go;ernment as bearing interest, of one mill per centm per annum, not one per. centum per annum. The Court held that- Treasury notes issued by the authority of the act of Congress passed on the 12th of Octo- ber, 1838, are promissory notes within the meaning of the act of Congress of 3d March, 1825. The letter M, which appears on the face of the note offered in evidence, is a material part of the description of the note. It would be proper to receive parol evidence for the purpose of explaining the meaning of the letter M, and proving the practice and usage of the treasury department and officers of the government and others, lawful receivers of similar treasury notes; in order to show thereby the meaning intended to be attached, and actually attached, to the letter M by the treasury department and others; and that by such 'meaning the said treasury note bears one mill per centum interest,- and not one per centun, interest. When a note is given payable in foreign coin, thevalue of each coin in current money must be averred; and under such averment evidence of the value may be received. ON a certificate of division in opinion from the Circuit Court of the United States for the eastern district of Virginia. James E. Hardyman Was indicted in the Circuit Court of the eastern district of Virginia, for buying, receiving, and concealing treasury notes of the United States, knowing them to have been stolen. The treasury notes were alleged to have been stolen from the mail of the United States by Winston, a negro man, or by per- sons unknown. Winston-was at the same time indicted for robbing the mail of the United States, of ten treasury notes. The indictment contained four counts, charging the defendant with receiving trea- sury notes, bearing interest at one per centum, and at five per centum per annum. The defendant moved the Court to quash the indictment, upon the ground that the papers described in the said indictment are not promissory notes under the act of Congress approved on the 3d day of March; 1825, under which the prisoner is indicted; and the act of Congress, approved the 12th day of October, 1837, by virtue of which the said notes were issued, describes them as treasury notes, and does not provide, nor does any other act of Congress provide any penalty for stealing these notes from the mail of the United States, or receiving them, knowing them to be stolen ; and upon this motion the Court being divided in opinion, the said indictment was not quashed. The Attorney for the United States, further proceeding in the case, offered as evidence to the jury, a treasury note for fifty dollars, payable in one year, bearing interest at the rate of one M. per centum. The counsel for the accused moved the Court to exclude it front

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