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DECISIONS OF JUNE TERM, 184S,
SUPREME COURT OF ALABAMA. Reported for the Journal and Flag. BRADFORD, USE, &c. vs. HUSH. Motion l>y defendant for n rule on plain, tiflto show cause why the writ of error should not he dismissed. The plaintiiTrecovered a judgment below and after collecting it by execution, sued out n writ of error, and had the judgment re versed at the present term. Bowdon, for the motion. S. F. Rick, contra. ORMOND, J—In his opinion says, if file motion had been made and not denied before the judgment of reversal, the writ would have been dismissed, unless the plain tiff refunded the money. Motion allowed, nnd a rule upon plaintiff granted to show cause at the next term ol this court why the certificate of reversnl should not be stayed until the money is re funded. FAULK & FAULK, vs. THE STATE. Barbour Circuit Court. J. Buronu, for plaintiff in rrror. Attorney General, contra. COLLIER, C. J.—A judgment nisi, where the Jchargo is particularised, should substantially describe (he offence, or refer to it, that the recognizance maybe identi fied, and (he defendants in the judgment be informed what they are called on to an swer. Reversed and remanded. MARTIN, ET AL. vs. THE BRANCH AT MOBILE. Mobile. J. A. Campbell, for (lie plaintiff in er ror. A. Fox, contra. GOLDTHWAITE, J—Where a came j is submitted to the Chancellor for a hear-; ing on the bill and answer, and a decree ■ yro conjcsso. and the exhibits are not stated on the record ns proved this will be presum. ed, when at the hearing the Chnncellor re fers them to the master to take and stale an account. Decree affirmed. RIVERS it TORTIS, vs. DUBOSE. Clarke Courtly. 3. W. Henley, for the plaintiff in er ror. Leslie, contra. GOLDTHWAITE, J—Where an ad inini-trator sells a slave of his intestate, as unsound, and the purchaser prepares a hill of sale with warranty, which the administra tor signs in consequence of the purchaser’s representation that the warranty is a mere form, lie will not be permitted to set up the warranty and unsoundness as n defence to the note given (or the purchase money. Judgment affirmed. EDDINS, ET. AL. vs. LONG, ET. AL. Create County. Webb and Webii, for the plaintiffs in error. GOLDTHWAITE, J. 1. The omission ot an executor when he files his account lor final settlement, to make a statement on oath, containing the names iVc. of the heirs or legatees, is not a matter upon which error can be assigned. 2. The testator gave his widow, all his lam’s, and several slaves for her life time, and by subsequent clauses of bis will dispo- ; sed of the reversion, in both lands and slaves, to certain persons named his children. After disposing of other slaves, money’s and effects, by specific bequests, to other children arnl grand children he introduces this clause : •*[ wish that such of my property that I have not willed away, mav be sold and divided among my legal heirs.” Held, that the term ‘•legal heirs” in this connection, was equivalent to legal distributees, and that the widow was entitled to one fifth of the residue, there being more children than four. Affirmed. BARNEY, vs. FROVVNER <!k WIFE. From Mobile Orphan's Court. Stewart and Fisher, fur plaintiff in : error. Phillips, contra. ORMOND, J. 1. ’I he stillut« requires trn days notice of I an application for the allotment of dower to bt: given to the executor or adminis trator ; where they do not reside in the *11110 county with the widow, or, where she is herself ihe executrix or adminis tratrix the notice is to he given by ad vertisement in a newspaper published four successive times. Clay’s Dig. 173 § 0, and a petition for dower being a summa ry remedy given bv statute, can only, be supported by conformity to its provis ions. 2. Where one of the heirs is not notified, nnd no proceedings hnd upon the death of another, except the suggestion of her deatlimpon the record and all the trrre tenants were not regularly before the court the proceedings in a petition for dower must he reversed. Jl. In the act of 1812, Toulmin’s Dig. 175, by the words “su|»erior nnd county court” the legislature intended to designate die common law court at that time held by five justices twice a year, nnd not the Or phne’s court which, under the act of 1810, was then usually held by the chief justice for probate of wills, granting let ters of administration &c., and from whose decisions an appeal lay to the next Orphan’s court of Ihe county. 4. It is not the design of the enactment, Clay’s Dig. 173, § 5, to embrace cases where dower could not he assigned out of the land, and the dower interest designa ted by visible boundaries—where that is impossible, and where a compensation must be made in money in Urn ef dower .out of the land itself, it is clearly neither within the letter or spirit of the statute ; —but where an allotment can he made by metes and bounds, the right of dower can as well bo tried under the statute remedy as by the common law mode of proceedure. 5. Our statute contemplates a contestation oftho widow’s right of dower, and pro. vides the necessary means for ascertain, nig it, and if decided in her favor the aheriff is to put her in possession ; nnd this is not a mere legal investiture of the thin leav'ng her lu obluin the possession by suit if not voluntarily yielded, but a possession in fact as well as in law. 6. The statute rt'mndy being a substitute for the common law mode of proceedure, dower cannot be claimed of lands aliened by the husband ami in the hands of sev eral persons by the same petition. They might have several distinct defences in which they had no common interest re quiring distinct issues of law and fact. In such cnses it would he necessary to pro ccod separately against each, and some times only in a court of cqnitv. 7. The widow is not dowable of the enhan ced value of the property hy I ho erec tion of buildings and other improvements, but of the value of the land ut the lime of the alienation. As the Orphan's court had no jurisdiction, the cause was not remanded. Judgment reversed. Note.—The question whether the widow was to he endowed of the value of the lands in creased from cutises nut connected with im provements made by the alienee, (growth ol the city !) was left in meilias res, not being distinct ly presented on the record. MASSEY vs. WALKER. St. Clair County. S. F. Rice, for plaintiff. B. Pope, contra. GOLDTHWAITE, j. 1. The statement, that "one was largely embarrassed with debt, at a certain date,” is not the statement of a conclusion as distinguished from a fact. 2. Where evidence is excluded in the first instance, on an exception taken by the party against whom it is offered, but is afterwards put to the jury, upon the ether party withdrawing his objections, the ex ception falls within tho admission, and cannot be looked to on error. Judgment afli tned. COLLINS vs. FOWLER. Benton County. F. W. Bownox for the plaintiff in error. S. F. Rice, contra. GOLDTHWAITE, J. 1. In an action for malicious prosecution, in charging the plaintiff with u larceny, it is no error for the court to charge, that the taking proved, must tinder our stat utes be with a fraudulent intent. If the defendant supposed tho facts in proof made out o case of embezzlement, or frau dulent conversion, under the ponnl code, anil wished instructions on that point, he should ask a specific charge. 2. Where a justice issued a warrant for lar ceny, and the constable went to the house ol the party, and informed his wife, the appearance and submission to the exam ination is to be considered ns an actual arrest, when the suit is against the pros ecutor for a malicious prosecution. The same effect is to be given to the order of a justice, that the party bo in custody, and the officer is present as well us the par ty—the latter submitting to proceed with the examination. Judgment affirmed. FRENCH DRILLS AND SUMMER CLO’I'IIS CHARLES J. FIQUET. HAS just received a very beautiful assort meut of Fashionable Summer Drills, to Kether w til French Nleiino. and Summer Cloths, which lie will make in the most fash ionable manner, at the shortest notice, very luvv for Cash, or to punctual customers. C. J. F. will always keep on hand, a neat assortment of fashionable Coats, Pants, and Veals, of his own manufacture, which will be fur superior to anv tiling of the kind, made at the East, and he will BeII them quite as low. C. J. F. Would call on those old friends of his, that are in arrears, and *ay—"Do as ye would, ihut men would do unto you”—that’s all. March 20, 1S46. tf-18 Queenawnre. Tho eubeertbere, in addition to their exten sive ati'ck, have received by tlm late arrivala direct from Liverpool, a full and complete as sortment of every variety of articles in their line, which they offer to the trade at as low rates us they can be otiiaiucd either in New York, Boston or Philadelphia. Any bills made in either of those cities with respectable re packing establishment will be duplicated at the same rates by the subscribers, snd any goeds packed at their e-labhahments they worrarit to no free of bmkfane. MASTERKON &- BROTHERS. Importers of China, Glass and Earthenware, Nn 34 Water street, Mobile. Fob 13. ly MURDER”! NO : there is no murder, I merely wished to ask, why you don't read my advertise inents of New Books front week, to week you might see something that would benefit yourselves, and your children ; among those last received, arc:— Vol. 4th, D. Aubigne History of the Refor mation. Colton’s History of Henry Clay—2 vol8vo. Arnold’s History of Rome—2 vol 8vo. Christmas Holydays in Rome, (by Kip) — 1 vol 12tno. Book of Illustrious Mechanics—1 vol l2mo. Wilson, on a Healthy Skin—1 vol 12mo. Sturdevonts Preachers Manual—1 vol bvo. O. Callagliatn's History of the New Nether lands—1 vol 8vo. Landis, on the Resurrection—1 vol 12mo. A true history of the extraordinary adven tures of Margaret Catclipole, or Suffolk Girl, by the Rev, Richard Corbold—1 vol, price 25 cents. Marqueritc de Valois ; an Historia! Ro mance by Alex. Dumas—1 vol, price 25 conts Newman’s Development of Christina Due. trine—50 cents. Wiley and Putmans Library of Choice Reas ding, including ull the late numbers up to 61. Same price as in New York. Greenhow’s History of Oregon—1 vol Rvo Lyell’s Travclls hi the U. States, colored en gravings—1 vol 12mo. '1‘uppers Proverbial Philosopher—1 vol. Crock of Gold—1 vol. Twins and Heart—l vol. Guizots English Revolution—1 vol. Sketches of Modern Literature, and Litera ry Men—by Giffillan. For sale by D. WOODRUFF. May 8,1840. tf-25. law Card. THOMAS D. CLARKE, Has removed his office to Dr. Drlsh’s new building, between the State Bunk and Wash ington Hall. In addition to the discharge ol hiB official duties, he will give prompt attention to such civil business as may be confided to his management, in this, and the surrounding counties and, in the Supreme Court. Tuscaloosa, May 1,1846. tf-24. Foreign Periodicals. REPUBLICATION OP THE LONDON QUARTERLY REVIEW, THE EDINBURGH REVIEW. THE FOREIGN QUARTERLY REVIEW, THE WESTMINSTER REVIEW, AND BLACKWOOD’S EDINBURGH MAGAZINE, HK above Periodicals are reprinted in New York, immediately on their arrival by llie British steamers, in a beautiful clear type, on tine white paper, and are faithful cop ies of the originals—Bi.ack wood's Magazine being an exacflac-simile of the Edinburgh edi tion. The wide spread fame of these splendid Peri odicals renders it needless to say much in their praise. As literary organs,they stand farm ad. vunce of any works of a similar stamp now pub lished, while the political complexion of each is marked by a dignity, candor and forbearance not often found in works of a party character. They embrace the views ofthe three great part.es in England—Whig, Tory, and Radical. —"Blackwood” and the “London Quarterly” are Tory; the “Edinburgh Review,” Whig; and the “Westminster,” Radical.-The “Foreign Quarterly” is purely liteiarv, hemg devoted principally to criticism on foreign Continental Works. The prices of the Reprints are less than one third of those ofthe foieign copies, and while they are equally well got up, they afford nil that advantage to the American over the English reader. TERMS: PAYMENT TO BE MADE IN ADVANCE. For any one of iho four Reviews, $3,00 per annum. For any two do. 5,00 “ For any three do. 7,00 “ For all four of the Reviews, 8.00 " For Bluckwood’s Magazine, 3,00 “ For Blackwood and the 4 Reviews,10,00 “ CLUBBING. Four copies of any nr all of the above works will be sent to one address on payment ofthe regular subscription for three—the fourth copy being gratis. Remittances and communications must be made in all cases without expense to the pub lishers. The former may alway s be done through a Postmaster by handing him the amount to be remitted, taking his receipt and forwatding the receipt in a letter, J‘osl Paid, directed to the publishers. N B.—The P, stage op all these Periodicals is reduced by the late Post office law, to about one-third the former rates, malting a very im portant saving in the expense to mail subscri bers. In all the principal Cities and Towns throughout the United States to which there is n direct Railroad or Water communication from the City of New York, these Periodicals will be delivered FREE OF POSTAGE. LEONARD SCOTT & CO., Publishers, 112 Fulton St., New York. June 12,1846. 30 l2in. ALABAMA INSTITUTION, For (lie Ednralion of llic Blind, AT TUSCALOOSA. TH IS lnstitui ion commenced ns second ses sion the second Monday in March, and the operations oFtlie Institution have been very much embarrassed on account ot the absence of the regular agent, and the losses in subscrip tions, &c. It gives us great pleasure to state that the friends of the Inslitulton have not for saken it, but have liberally co-operated with the Principal in liquidating its debt, and making preparatory arrangements to commence the second session. The second session will end the last of July, allowing the pupils to spend August and September ot their homes. Ten pupils will be instructed at present, and it is believed the school will gradually increase as it becomes more and more extensively known. As this Institution is intended to embrace all the branches taught in academies for seeing persons, the Principal has engaged the ser vices of teachers of experience and thoroughly acquainted with all the branches in this In stitution. Mr. T. S. NEWELL, a graduate of the Ohio Institution for Ihe Blind, will act as Pro fessor of Vocal and Instrumental Music. Mr. 11. CHAPIN, as Professor of the Arts and Sciences. Instruction will be given as soon as practi cable, to a select class by the Principal in Ancient and Modern History, Literature, &c. The Teachers just mentioned, devote their services to the Institution at a very moderate Balary being actuated more by the interest they feel for thj blind, than any pecuniary consid eration. The following course of study and regulations have been adopted tor the present session: The Scholars are required to rise at the ringing of the bell at half past 5 o'clock in the Morning ; from 6 to 7, instruction in Vocal Music; breakfast at 7; prayera immediately after breakfast; from that lime till 8, Ihe girls are engaged in arranging the rooms; fiom quarter paat 8 to quarter past 6, Arithmetic; from half-past 9 to naif.past 1(1, English Grnin mat; three quarters past HI to three quarters past 11, reading th • raised print ; from 12 lo ] Geography and Writing; dine at 1. In the Afternoon Ihe girls are engaged in iearniug to make fancy works : instruction on the|Piano, and raised print are atlcnded to till 6 o’clock P. M., at which time the pupils lake supper: prayeis immediately after supper. Pupils are exported to attend church, and are taken to whatever church they wish to attend in the city. From 2 to 4, on the eabbath, the pupils will be as sembled to hear reading of sacred history, or a lecture from some interesting passage ot scripture, calculated to direct their thoughts lo a perusal of the bible. The Principal would here state that the In stitution is entirely dependent for support on individual contributions ; notwithstanding this, if its patronage should be cquato that received during the last year, there will be no difficulty m going on ; and as onr agent, whose family has been ill, is expected soon, ho will be re quested to visit all the counties in the State, for the purpose of laying the subject before the citizens generally. The cost to those who arc able to pay will be jjl.r)0 per year; and as many indigent blind, will be received and educated as the funds re ceived will support, we request the editors of the ditterent papers who may read this adver tisement, to insert it in their columns. The Principal of this Institution would be obliged to persons having children or relatives blind, to write immediately, staling the age, capacity, circumstances, &c., wishing to re ceive a situation. JAMES CHAMPLIN, Principal. April (j. 18-Ki 1 it-21 East Tennessee University. F'l'MlE next collegiate year of this institution X w II commendb on the 15th day of Octo ber. The Faculty will then consist of five Of ficers ; the vacancy which has occurred in the Department of Natural History, being shortly lobe filled. Tuition in the Collegiate De partment is S15; in the Preparatory and Eng lish Departments $10 per session. Boardinq in the Public Hall is $1,20; in private families $1.50 per week. The entire annual expense, including clothing, and boarding in vacation, need not, with strict economy, exceed $140. The locality is exceedingly healthful, and has proved peculiai ly so to students from the South. For further information, see Catalogue, which may be had on application by letter to the Pre sident of the University, D. A. DEADER1CK. Secretary of the Board of Trustees. Knoxville, Tenn. July 7th, 1946. 5t«88*. 9'DS IKUimuMSf® Executed at this office wit i neatness didespatch To Bullocks Progressive power Press, For Packing and Compressing Colton on the Plantation, ejfectina a saving of 75 cents per bale. fflHE attention of Planters is invited to this A powerful and economical Machine. Its I qualities having been fairly and conclusively tested in the city of Mobile, and elsewhere, du ring the fast two years, it is now confidently submitted as a lucrative acquisition to every j Cotton Planter in the country, whatever may be the scale of his operations; and at a price comparatively trifling to the purchaser. Be tween its costand its value, it would be difficult to institute a comparison. In all cases, without a single exception, it has given unbounded sat isfaction. It not only possesses every function heretofore so long sought as necessary to a com plete Colton Piess for plantations, but others not hitherto conjectured ns uvnilable. Among its ascertained and unquestionable advantages, may be enumerated the following:— 1st. Its machinery is perfectly simple and subslantial; requiring only negroes to attend lo it, and not liable to get out of order. It obvi ates the yearly bill for repairs usually entailed by the screw prets, and the Planter has the sat. isfaction of knowing that it is always ready for use. Its first cost is its only cost. 2d. ft occupies a space of but 4 by 10 feet; can be put up in one corner, or along side of the Gm House, and always kept under cover. He quiring but one burse power, it can be worked by the same power that drives the gin, and, if desirable, at the same time. 3d. It can thus be worked in rainy weather, when the hands could not otherwise be employ ed, nor employed in packing without the loss and inconvenience attendant upon the carriage of the cotton from the Gin House through the rain and tip the ludders to thr press, by which process much is often tmmp!ed into the mud, and great labor and loss of time are incurred. 4th. It enables the some number of hands, ordinarily engaged at the screw-press, to do double the amount of work in a given time, and m a very superior manner, with apparently no more exertion ; from twenty-five to thirty bales can be puckcd with tliis press, in the same time, and with the same manual labor, that twelve or tlfloen bales can be packed with the screw. 5th. Its superiority in pucking. consists not merely in the neat and square form which it gives to the bales, but also in lessening the lia bility of the bagging being torn in handling;— thus greatly obviating both the damage of the cotton from exposure at the landings and place of export, and those heavy “ wantage” bills which are inseperable from the present loose style of pack ng. fitli. It packs and keeps in permanent com pression a bale of500 lbs. to the density of 20 lbs. to the cubic foot; being the density to which it is brought by the presses at Mobile. 7th. It thus saves the expense of compression [ at Mobile, which, though directly paid by the ship-owners, indirectly comes from the pocket of the Planter, and this, added to the saving of one yard, or half a hre&uth, of bagging, and u.ore than one rope upon each half - is a snv.ng to the Planter of at least seventy-five cents p:;r baie, independently of tfie wantage 6nd damage before mentioned. To this may be added a probable saving of one-third upon the storage, | since a bule thus compressed, occupies but two- , thirds of I he room it otherwise requires. Nor | is it unreasonable to calculate upon an eventual reduction of freight from the same cause. 8th. The power and other facilities afforded by this press, would enable the Planter to adopt round iron straps instead of the ropes now used, with demonstrable advantage in several impor- j taut particulars. Annealvd iron wire of about 3-lflths of an inch in diameter, and of a strength more than adequate to bear the rough usage to which the bales might be exposed, could be pro cured at four and a half cents per s rap, or twenty seven cents per bale, even at the high price of iron, under I fie present enormous tariff; and it is evident ftom these facts that neither ihe weight nor the price of wire of this size, will exceed, in any appreciable amount, that of .the rope now ordinarily used. It is confidently believed that cotton secured in this manner, would reach the foreign market in a condition that would readily command fifty cents per bale more than at present, whilst the intermediate saving of wantage, waste, and re-compressing, would be unquestionable. 9th. Ihn, paramount to all the advantages above enunieiat»*d, is I he ceriainiy that the gen eral adoption of the Progressive Power I’ress on the plantation^ would enable the Planter, for u moderate and final expense, to render himself permanently independent of nil Collon Press combinations at Mobile, and thus io extoipate an evil which has long been deeply felt by the whole planting community. To the intelligence and provident discern ment of that community, the proprietor of the patent right submits the Progressive Power Press, not as a new and uncertain invention, but as a machine already thoroughly established bv the constant use of several years, during which its capacity, durability, and economy, have been severely tried, and cordially nek now lodged. P is only necessary to add, that it has been admired and adopted wherever it hes been seen, and has more than realized, in every in stance, the highest expectations of tin? purcha sers. A Press of this description has been in uso nf Thompson’s Pickery during the past two years, where it can be seen at any time packmg650 or 7(H) lbs. into the same space a bale of 5UU lbs. j would be if made by a screw. 1 EKMS —For a Press of 4 1 -2 foot segment, * to pack 300 lbs. $75 ; for a 5 1 ‘2 foot do., to j press 400 Ills., $125 ; for an 8 foot do , to press 500 lbs. $150. BRIGGS, BAUNEY & Co., Sole Agents. MobileMay, 8, 1846. ly-25. a card. WM. MoCAy, (recently of Eutaw) res* pectfully offers his services lo the citi zens of lies place and vicinity,, ns conductor of a Male School. From many year experience in leaching, he flatters himself that he will be able to please those who may patronize him. He will devote himself to the moral and intellectual advancement of his pupils, exercising over them a strict, yet parental discipline. The course prescribed will embrace the us ual branches of English Education, wi li instruc tion in the Latin and Greek Languages. Par ticular attention will be given to Composition and Declamation. Terms per session of five months ; Primary Department, $12. Advanced $16. Langua ges, $20. 0^7~ Kef.—lion. S. McAlpin and Hon. J W. Tpylor, of Greene comity. Tuscaloosa, Jan. 9. 1846. tf-8. NEW BOOKS, rpHE NOVITIATE; ora year among the JL English Jesuits ; with an essay on the Constitutions, the Confessional Morality and History of the Jesuits. By Andrew Sleinmetz, X vol. Boarding Out—a Tale of Domestic Life, 1 vol. Voyages of Discovery and Research within the Arctic Regions, from the year 18It? to the present time, edited and arranged by Sir John Barrow, Bart., F. R. S., and in his 82d year. D’Aubigne’s Discourses and Essays,' with an introduction by Robert Baird, and transla ted by Charles W. Baird, a rare work, 1 vol. Life in Prairie Land, or Travels in the West, by Eliza W. Farnham, (charmingly written ; God bless her.) For sale by D. WOODRUFF. Aug. 14th, 1846 tf-30. (‘leave read llic fullowinir Police. fFHE Publisher having received numerous x applications (or single copies ot DOW LING’S HIS I OK Y OF ROMANISM, and the AMERICAN STATESMAN’S MAN UAL, fiom places so remote from Express routes that the expense of freight would have cquulled the price of the books, proposes to send them by mail in paper covers, the postage on which will not exceed 25 cents per volume. If such persons will send the name of their l’ost Office, and enclose the 0 or 5 dollars, in good money, they will be presenied with one copy of Sears’, Beautiful Pictorial Works,) they specifying which Book they prefer. Sears' Pictorial Works given away to per sons subscribing for Dowling's History of Romanism, or the American Statesman's Manual. TIIC HISTORY OF ROnANK.n, By Rev J. Dowling, A. M., Pastor of the Berean Church, New York. 12th edition. Just published. This is a largo octavo volume, of nearly 700 pages, embellished with fifty Beautiful engra vings, in handsome emblematic binding. Price three dollars. IJII’OBTAHT NATIONAL WORK Tlie American Slatexinun’s ITlamiiil In the Press, and will be ready by April 1st, a new and enlarged edition of PRESIDENTS’ MESSAGES. In two handsome volume volumes, 8vo. The whole collected from Official Documents. '1 his work is edited and compiled by Mr. Edwin Williams, whose familiarity with our Political Hisiory and Statistical subjects gene rally, are well known to the public, and afford a sufficient guarantee for the accuracy and fidelity of this invaluable National Work._ Price five dollars. 03” All persons sending the Publisher three dollars, by mad, will receive a copy of DOW LINGS HISTORY OF ROMANISM, beau lifully illustrated with fifty-two elegant engra vings, and one copy cf either ol the the follow mg beautiful Pictorial Works. If five dollars is st-nl by mail, they will receive one copy ol THE AMERICAN STATESMAN’S MAN UAL, 2 vols. 8 vo., and one copy of enher of the Pictorial Works. Should any person wish both of these important and valuable Works by sending seven dollars to the Publisher, they will receive a copy of each, and also be enti tled to choose any two copies of the following popular Pictorial Works. They will be trans mitted by mail, bound in strong paper covers, postage from 15 to 25 cents per volume, to any part of the United States. 03“ The following are the Rooks given away to subscribers to DOWLING’S HISTORY OF ROMANISM, and the AMERICAN STATESMAN'S MANUAL. SEARS’ WONDERS OF THE WORLD, 23(1 engravings, Price $2 50. SEAR.V GUIDE TO KNOWLEDGE—Em bracing an extensive range of subjects in Literature, Science and Art. Price $2 50. SEARS’ PICTORIAL HISTORY OF THE REVOLUTION, with numerous plates, extra gilt. Price $2. SEARs’ BIBLE BIOGRAPHY, 250 engrav ir.gs. Pri e $2 50. SE.vRS’ PICTORIAL LIBRARY, 250 en cravings. Price $2 60. SEARS’ PICTORIAL SUNDAY BOOK, elegantly illustrated. Price $2 50. THE AMERICAN RELIGIOUS GIFT BOOK, containing conlribulions from up. wards of thirty of our most celebrated Ame rican writers, such as Mrs. L. H Sigourney, J. W. Alexander, G. Spring, E. Mason, .1. W. Browne, .1. G. Whittier, W. R. Wil liams, E. Kincude and Miss H. F. Gould. Price $2 WRK.» I’ll OF WILD FLOWERS, by I. Milton Stearns: Religious, Moral and Em lei mining. Price $1 50. To Clergymen, Postmasters and others. 03“ Wanted, in every town and village in the U. Slates, responsible men to procure sub scribers, and engage in the sale of the above woiks, lo whom a very liberal per cenlage will be allowed. Address E, WALKER. 114 Ful ton at. N. Y. Beautiful Pictorial and Emble matic Bindings Ready for Harpers’ elegantly illuminated . Bible. 03“ Persons collecting six copies of this Bi ble, and forwarding them to the subscriber, willi directions, will receive the binding of one copy gialls. Pattern No. 1, consists of a splendid collec tion of !S beautiful Scripture Views; No. 2, Magnificent Views of Trinity Church and of the communion Window Table and Service; No. a. The Israelites taking possession of the Promised Land, and The Transfiguration of Christ on the Mount ; No. 4, A beautiful Eng lish and French style combined. April 10, 1841). 6t-21. Groffries. JUST received, per sieamhoat Louisa Hop kins, and will be offered for sale at Auc tion on Saturday's and Monday’s, regulai ly through the summer, and at private sale through the week, at wholesale or retail at auction prices 20 bbl’s B.ue Head Whiskey, 23 1-2 to 24 cents pr. gal. 20 bbl’s. Flour, 85,50 to 5,75 pr. barrell. I0l-2bbl's. Molassess, 33 to 35 cents per gal 80 boxes Soap, 4 1-2 to 5 cents per lb. 20 boxes Sperm Candles, 33 to 35 cents pr. lb. 12 boxes No. 1 Cheese, 11 1-2 to 12 cents pr. lb. 5. boxes No. 1 Chewing Tobacco, 40 cents. (High but good.) 8 boxes com. Chewing Tobacco 7 12 to 8 cents per lb. 2 1-2 pipes “Otard’’ Brandy from 1 to 2,75 pr gal. 1 cask London Porter in bottles, at $2, to 2,50 per doz. 5 doz. bottles Champaigne cider 84,50 to 85-pr. doz 2 Casks Shoulders, 5 3-4 to G cents per lb. per cask. 200 lbs. Bacon Ham--, 7 1 2 to 8 centa pr. lb. 20 dozen Claret Wine, 82,50 to 3,00 pr. doz. 30 doz. Scotch Ale, 82,50 to 2,75 per doz. Brags Clocks 84,50. Together with a few Dry Goods: Boots, Shoes, Hats, &c. We would mention that the annexed nrices are our asking prices—but we are determined lo sell Give us a call any way, Saturday’s and Monday’s, and get goods at vour own prices. VAUGHAN & YKATES, General Agents, and City Auctioneers. We will attend all sales of house.hold and kitchen furniture, Negroes, Horses, &c„ whin called upon. Our terms are low. V. & Y. Auct ioneers 3m- • M May 8th, ’46. mobile Herald Office. THE undersigned offers for sale on accom modaling terms, his one half interest in this paper, 'lo an enterprizing businessman or practical printer; the investment will be found a most profitable and advantageous one. For terms, <J-c., address. LEWIS A. MIDDLETON. Mobile, April 1,1840. tf-21. PRINTS ONLY SPRING STYLES FOR 1846. jlw& & ®3aiaw®*?®®« 41 Cedar Street, N. Y. BEG leave lo inform Dealers in Dry Goods, that they have received and are now ex hibiting at the YVARR HOUSE EXCLU-, SIVELY FOR PRINTED CALICOES 500 CASES, COMPOSING ALL THE New Spring Styles of BRITISH, FRENCH and AMERICAN MANUFACTURE; which, in addition lo their usual stock, renders their assortment one of the most beautiful and attractive in the city ; and having just been purchased for CASH AND SHORT CREDIT, are offered by the piece or package on the same terms, at and below manufacturers’ prices. OCT Catalogues of prices (corrected daily) are placed in the hands of buyers. Purchasers will inform themselves of the slate of the market, and be well repaid for an examination, even if they do not purchase. March 20, 1346. tf 13. Copartnership. Till*’ subscribers have connected thomseiveg together, under the firm of Bull, Dyche &. Co, fur the purpose of doing a general Fac torage business in Mobile. They Would respect fully oiler their services to their friends and the public. PLATT BULL, of the late firm of Bull &. Boardman. JNO. P. OYCHE, JNO. BRALENTINE. Mobile, June 1,1845. 10 47. Digest of Alabama Reports/1 A New Digest o( the Alabama Reports, from Minor to the 7th Nvw Series, inclusive by P. Pill LLIPS, esq. is now in course of pub lication, and will be ready for delivery in the full. JOEL WHITE, Tuscaloosa. S. W. ALLEN, Mobile. Tuscaloosa, July 1st, 1845. tf-35 DR. SPENCER’S Vegetable Tunic and restorative BITTERS. Health—“ The poor man’s riches — The rick man's bliss ” fWlHE Pioprietor of this Medicine. actuated B by a desire 10 benefit his fellow beings, otters to the Public the result of an extensive practice and q thorough investigation of the laws which govern the human system. He is well aware of the odium which is at tached by Physicians to all remedies, the com position of which they are. not acquainted with, yet he is not satisfied to withhold this valuable medicine knowing that it will stand the test of experience, and that those who use it, will not have occasion to complain that it has not bene, fitted them. He is fully satisfied, that these Bitters require only to become known, to be universally appreciated and extensively used. For it cannot be denied by those who have be come acquainted with their singular virtues, that they possess a pre-eminence over all others now in use, for the diseases which they profess to cure. In proof of their extraordinary curative pro perties, upwards of One Thousand (,’bktif. icates, from the most respectable Citizens in different sections of the Union, might be appen ded ; but the high reputation which my Vegeta ble Pills, (known as Spencer’s Vegetable Pills) have acquired, is all sutficienl lo recom mend my Bitters to the special notice of the afflicted. They are purely Vegetable and may be ta ken with perfect safely by all ages and sexes in youthful, adult and declining life. They Cure Dyspepsia and Liver Com plaints by cleansing the stomach and bowels of every thing injurious to health, regulating the various secretions ; and by their manifest and sensible action upon the chyle, they purify the blood, invigorate the circulation, strengthen the digestive organs, and produce a healthy ac» lion, throughout the system ;—Loss of Appe tite, Heartburn, Headache, Flatulency, Palpita tion of the Heart, Restlessness, III Lemper, Languor and Melancholy, which are the usual symptoms of Dyspepsia and Liver Complaint, will all disappear as a natural consequence of its cure. They not only Cure Dyspepsia and Liver Complaint, but they hove almost a miraculous* effect in curing Sick Headache, and all Ner vous Affections. They are peculiarly adapted 10 remove all these complaints, not bv constant ly physicing, bnt by strengthen.ng the system. No greater mistake con be made than to sup pose that Dyspepsia, or any other disease ari sing from debility, can be cured by frequent for ced action on the bowels with purgative medi cines, without having a proper tonic to'laccom pany them. When these complaints exist, the system is already too weak, and every addition al dcse tends to make it more so. Spencer’s i Vegetable Pills possess tonic and restora tive properties independent of their purgative effects, and are believed to be the only purga live Pill in existence that possess these impor tant properties. Spencer’s Bitters also ac ting as a still more effective tonic and restora tive, strengthen the digestive organs, and as^ sist them to perform their functions as nature designed. Hence they are found to be effica cious aUo in those Diseases peculiar to Fe males, which arise more frequently from weak ness than any other cause. The aged and in I firm of both sexes, and persons of sedentary habits prone to costiveness, and those who have suffered from loss of appetite, have experienced great benefit from them. In Convalescence from Fevers, and other acute disorders, they restore strength ; and individuals afflicted with Nervous Headache and other derangements of the nervous function have been entirely cured by this medicine In Fever and Ague and Chills and Fever, they surpass every thing known in rooting out the last seeds of this worst of maladies. The Proprietor has known hundreds of cases, from six to twelve months standing, who had used almost every thing they could think of, but were cured only for a few days at a time, when the chill would ogain return, but who have been entirely cured by using this Medicine, and have declared it to be the most sovereign and last ing remedy they evey heard of. In fact the Proprietor has never known them to fail curing the very woist cases when used according to the directions. By removing the local inflammation from the muscles and ligaments of the joints, these Pi'Is and Bitters have been known to cure R/ieuma (ism, permanently in two weeks. For Worms, thty ore superior to any of the common vermifuge medicines, as they prevent that cold state of the stomach, and dislodge from the bowels all the slimy mutter to which these creatures adhere. Aiso jjstkma, by re lieving the lungs and air vessels from the mucus which even slight colds will occasion, which if not removed becomes hardened and producef this disagreeable disease. Diarhaa, Dysinie ry, and Cholic, by removing all those bad hum- | orp by which these complaints are occasioned, and by their singular action on the secretions os the mucous membrane. Scrofula, Scurvy, Ul cers and Inveterate Sores, by the power they exert in purifying the blood and all the springs and channels of life. Scorbutic Eruptions and Bad Complexion by their alterative effect upon the fluids that feed the skin, ttie morbid state of which occasions all eruptive complaints ; Sal low, Cloudy, and other disagreeable Cemplex 10ns. The use of the Pills and Bitters for a very short time, will make an entire cure of Erysipelas, Sail Rheum, and a striking improve inent in the clearness ot the skin. 1 he worst cases of Common Colds and Influenza will most always yield to one or two doses of the Pi Us And os a remedy for that distressing malady, the Piles, too much cannot be said in their fa vor, for by using this medicine in very mode rate doses, it has been known to cure the worst ot cases, and that too, of those who had tried almost every oilier remedy that could be pre scribed within the whole compass of the Mates rise Medirte. Females who value good health, should nev er be without Spencer's Pills and Bitters, as they purify the blood, remove obstructions, and give the skin a beautiful, clear and healthy ap pearance. Elderly Persons make it a rule to take them 2 or 3 times a week, by which they re move the causes that produce disease, preserve their health, and keep off the iinfirmities of age. Heads of Families should alwas keep this Medicine in the house, as a remedy in cates of sudden illness, for by thrir immediate adminis tration, (holera Morbus, Diarrhoea, Cholic, Grout in the Stomach, Cramps, Spasms, Peters, and other alarming complaints, which often profe fatal, may be speedily cured or preven ted. All that is required of those who use "this Medicine is to use it strictly according to the directions. It is not by any thing the proprie tor himself may say in their favor that he hopes gam credit. It is alone by the result of a fair trial. DR. HULL’S VEGETABLE FEVER & AGUE, AMD AMTI-FEVER PILLS The following certificate was given by three highly respectable Planters, near Fife Post Office, TullucJega County, Ala., one of whom had used twelve boxes of the pills in his own family. This is to certify, that we have used Dr. Hull’s Fever and Ague Pills in our families in several cases of Fever, and Chills and Fevei ; and their administration has been attended with complete success. In no case have they failed to pinduce the desired effect, when used accor ding to directions. We think they area good Pill, and would cheerfully recommend them to all persons subject to Fever, and Chills and Fever. Given under our hands : Feb. P, 1843, JAMES BAGLY, ivlny 3, •• JAMES MONTGOMERY, ine 29, “ HARRIS TAYLOR. Sumtekville, Sumter co. Ala. ) January, 1, 1845. I Dr C. E. Hull: Dtar Sir— Your Fever and Ague Pills, left wirti us last July, by your agent, were d spnsed of very soon after we re ceived them. We could no doubt hove dispo sed of three hundred boxes, if we hud them, as it was uncommonly sick in this vicinity last season. l-o far as we could l»nrn, (and we made particular inquiry,) they did not fail in curing a single ease, when used according to directions. Some of' nor most respectable planters used them in preference to Sappington’s Pills. Please spnd us two hundred and twenty-four boxes, and very much oblige, respectfully yours, RIX & KENDALL. For sale in Hayneville, by GEO. C. THUllBER, COUGH LOZENGES, Are now acknowledg'd by the Faculty to be the most scientific and successful preparation ever discnveted for the relief of C\>uirhs, Colds, Consumptions, Asthma, Whooping.Cough, Ct** larrh, Tightness of the Lungs or Chest, Bron*» chittis, and similar Pulmonary Affections. They are marie from a combination ot the most valuas bin Expcctorani or Coujfh Medicines, and aro undoubtedly superior to everything in use for those complaints. For sale by GEO. C. TI1UHBER. ALSO DR. HULL’S WORM LOZENGES. Are the surest and safest Worm destroying Medicine ever discovered. Children will Cry for the Lozenges, and eat them as readily as sugar candy. Price, 25 cents per box, with directions. For sale by GKO. C. THURBER TOOTH ACHE. Or. Lacmml’s VEGETABLE TOOTH ACHE ELIXIR, a certain and imrnediset cure. For sale by GEO. C. THURBER. Tbe above medicines are fir sale at Dr. LITTLE'S, Dr. MEEK’S. Dr. SMITH’S. In N. Port nt T. C. McCONNELL’S. Nov. 21, 1845. 6m-2. _ X K 11 HI S.—The State Journal and Flag of the Union is published in the city of Tuscaloosa, every Friday morning Jno. McCormick, Editor and Proprietor,_ At four dollars, per annum in vdvance. Five dollars will be charged if payment is delayed until the expiration of the subscription year. Advertisements will be inserted at one dollar per square of twelve lines, or less, for the first insertion, and fifty cents for each subse quent insertion. Advertisements which are not marked with the number of insertions desired, will be continued until otherwise ordered, and charged according to the above rule. A de duction from the above will be made to yearly ad vertisers. 17“ Announcing candidates ifr office, fit* dollars. '■ 0Companies enclosing us $15 free of postage, will be furnished with Jive copies of the Journal & Flag for one year. 0^7“ Communications or advertisements of personal nature will be charged double, and pay ment will be required in advance. New Terms of Advertising. The accumulation on our books of debts due us in other counties, and in other States ; anp the great difficulty attendant upon their collec tion—to sav nothing of the tax thereby imposed on us, and the losses we are forced to sustain, by many of our distant debtors neglecting to send us the amounts they may severally owe_ forcee on us the necessity of adopting a mode of computing the cost of publications to be made in our columns, which can be easily under stood, and which will enable our patrons to en clos, with their advertisements, the money to p.iy lor them. Our new terms will not vary, materially, from tbe old ones ; and where there is any change it will be found to be in favor of the advertiser :—For example, we propose to make 80 words, or less, one square; more than 80, and less than 160 two squares; more than 160, and less than 240 three squares, &c. Under the old system the square averages about 75 words. The price of advertising will not be changed; the change in the mode of computing the quan tity of matter in advertisements, is adopted spe cially with a view to r^eve ourself from the evils of the credit system. These rules, we propose, shall apply in all cases where the persons making publication re side out of this city, except they be Sheriffs, Coroners, Registers in Chancery, Clerks or Court, or other public officers. Where we open an account with officers of court and others of that elass,we reserve to our self the right to charge thcold prices.