State journal & flag. [volume], October 09, 1846, Image 1

About State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846

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OLD SERIES. VOL.Xll
“Fltess O.VHVflfl*”
CITY OF TUSCALOOSA, ALA., FRIDAY, OCT. 9, 1846
NEW SERIES—VOL 3-NO. 47
#OHK monniCK, STATE PRINTEII.
FLAG OF THE UNION,
Established July 4, 1833.
STATE JOUBNAL 4c FLAG OP THE UNION,
United Norember9t 1843.
BY AUTHORITY.
ILkWt 0F THE EXITED STATES, TASSED AT THE FIRST
SESSION OF THE TWENTY-NINTH CONOR ESN.
Public.—No. 16.
AN ACT providing for ihe prosecution of the
. .existing war between the United States and
the Republic of Mexico.
Whereas, by the act of the Republic of Mexico,
a state of war exists between that Govern
ment and the United Stales :
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
That, for the purpose of enabling the Govern
ment of the United States to prosecute said war
to a speedy and successful termination, the Pre
sident be and he is hereby authorized to employ
the militia, naval, and military forces of the
United States, and to call for and accept the
services of any numlier of volunteers, not ex
ceeding fifty thousand, who may offer their ser
vices either as cavalry, artillery, infantry, or ri
flemen, to serve twelve months after they shall
have arrived at the place of Rendezvous, or to
tho end of the war, unless sooner discharged,
according to the time for which they shall have
been mustered in o service; and that the sum
of ten millions of dollars, out of any moneys in
the Treasury or to come into the Treasury, not
otherwise appropriated, be and the same is here
by appropriated, for the purpose of carrying
i kiic piuvioiuns ui uiib act imu ciivci.
Seo. 2. And be it further enacted, That the
militia, when called .into the service ofthe Uni
ted States by virtue of this act, or any other act,
may, if in the opinion of the President cf the
United States the public interest requires it, be
compelled to serve for a term not exceeding six
months after their arrival at the place of i en
dezvous, in any one year, unless sooner dischar
ged.
Sec 3. And be it further enacted, That the
said volunteers shall furnish their own clothes,
and it cavalry, their own horses and horse
equipments; and when mustered into service
shall be armed at the expense of the United
Htatr.
Sec. 4. And be it further enacted. That said
volunteers shall, when called into actual service,
and while remaining therein, bo subject to the
rules and articles of war, and shall be in all res
pects, except as to clothing and pay, placed on
the same footing with similar corps of the Uni
ted States army ; and in lieu of clothing every
non commissioned officer and private in any
company, who may thus offer himself, shall be
*.n<it1ed, when called into actual service, to re
ceive in money a sum equal to the cost ol cloth
ing of a non-commissioned officer or private (as
the case may be) in the regular troops of the
United States.
8ec. 5. And be it further enacted, That the
raid volunteers so offering their services shall
be accepted by the President in companies, bat
talions, squadrons, and regiments, whose offi
cers shall be appointed in the manner prescri
bed by law in the several States and Territories
•o which such companies, battalions, squadrons,
and regiments shall respectively belong.
Sec. 6. And be it further enacted, That the
President of the United States be and he is
hereby authorize!, to organize companies so
tendering their services into battalions or squad
rons, battalions and squadrons into regiments,
regiments into brigades, and brigades into di
visions, as soon as the number of volunteers
•hall render such organization, in his judgement,
expedient; and the President shall, if necessa
ry, apportion the staff, field, and general officers
among the respective States and Territories
from which the volunteers shall tender their ser
vices as he may deem proper.
Sec. 7. And be it further enacted, That l he
Volunteers who may be rectived into the service
of the United States bv virtue of the provisions
of tins act, and who shall be wounded or other
wise disabled in the service, shall be entitled to
all the benefit which may be conferred on pers
•orb wounded in the service of the United
States.
Sec. 8. A nd be it further enacted. That the
President of the United States be and lie is
hereby authorized forthwith to complete all the
public armed vessels now authorized by law, and
to purchase or charter, arm, equip, and man such
merchant vessels and steamboats as, upon ex
amination, may bo found fit, or easily converted
into armed vesaels fit for the public service,
and in such number as he may deem necessary
for the protection of the seaboard, lake coast,
and the general defence of the country.
Sec. 9. And be it further enacted. That when
ever the militia or volunteers are called and
-received into the service of the United States,
under the provisions of this act, they shall have
the organization of the army of the United States,
and shall have the same pay and allowances;
and all mounted privates, non-commissioned of
ficers, musicians, and artificers, shall be allowed
40 cents per day for the use and risk of their
horses, except of horses actually killed in ac
tion ; and if any mounted volunteer, private,
non-commissioned officer, musician, or artificer
•hall not keep himself provid'd with a servic '•
able horse, the said volunteer shall serve on foot:
Approved, May 13, 1846.
Public.—No.,27.
AN ACT to authorize an increase of the rank
and file ofthe army of the United States.
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That the President of the United States be and
ia hereby authorized, by voluntary enlistment,
to increase the number of privates in each or
any of the companies of the existing regiments
of dragoons, artillery, and infantry to any nums
her not exceeding one hundred, whenever, in
hie opinion, the exigencies of the public service
may require the same, and to reduce the same to
eixty-four when the exigencies requiring the
present increase shall cease : Provided. That
•aid enlistsments shall be for the term of five
years and no longer, unless sooner disbanded by
the President.
Approved, May 13,1846.
Public—No. 20.
AN ACT making appropriations for certain for
tifications of the United States for the year
ending on the thirtieth of June, one thousand
eight hundred and forty seven.
[Sec. 1.] Be it enacted by the Senate
and House, of Representatives of the United
States of America in Congress asssembled
That the following sums be, and they are
hereby appropriated, to be paid out of any urn
appropriated money in the treasury, for thepre
nervation, repairs, and construction of certain
fortifications, for tlie year ending the thirtieth
day of June, one thousand eight hundred and
forty-seven:
For defensive works and barracks near De
troit. Michigan, thirty thousand dollars.
For defensive works and barracks near Buf
falo. New York, twenty-five thousand dollars.
For repairing' and rebuilding barracks and
storehouses at Fort Niagara, New York, five
thousand five hundred dollars.
For Fort Ontario, at Oswego, New York eight
thousand dollars.
For fortifications at the outlet of Lake Chain
plain, New York, forty five thousand dollars.
For fort at the narrows of the Penobscot river,
near Bucksport, Maine, thirty-five thousand dol
lars.
For repairs of Fort Preble, Portland harbor.
Maine, ten thousand dollars.
For repairs at Fort Scammel, Portland har
bor. Maine, twenty-five thousand dollars.
For repairs of Fort McCIsry, Portsmouth har
bor, New Hampshire, including the purchase
of land for extension of site, six thousand dol
lars.
For repairs of fortifications on Governor’s is
land, Boston harbor, Massachusetts, thirty thou
sand dollars.
For Fort Warren, Boston harbor, Massachu
setts. forty-five ihou-and dollars.
For Fort Adams, Newport harbor, Rhode Is
land, fifteen thousand dollars.
F ir rebuilding Fort Trumbull, New Lon
don harbor, Connecticut, twenty thousand dol
lars.
For Fort Schuyler, East river, New York,
forty thousand dollars.
For repairs at Fort Wood, and seawall of
Bodlow’s island, New York, forty thousand dol
I lars.
For repairs of Fort Hamilton, New York, Ihir
ty thousand dollars.
For repairs of Fort Madison, Annapolis har
bor, Maryland, ten thousand dollars.
For repuira of Fort Washington, Potomac
river, Maryland, twenty-six thousand dollars.
For Fort Monroe, Hampton roads, Virginia,
seventy-five thousand dollars.
For preservation of the site of Fort Caswell,
mouth of Cape Fear river, North Carolina, fif
teen thousand dollars.
For preservation of l he site of Fort Moultrie,
Charleston harbor, South Carolina, fifteen thou
sand dollars.
Fur dike to Drunken Dick shoal. Charleston
harbor, South Carolina, thirty-five thousand dol
lars.
For Fort Sumter, Chaileston harbor, South
Carolina, foriy-five thousand dollars.
For Fort Pulaski, Savannah river, Georgia,
twenty five thousand dollars.
For repairs of Fort Jackson, Savannah river,
Georgia, fifteen thousand dollars .
For Fort Pickens, Pensacola harbor, Florida,
ten thousand dollars.
Fur Fort Barrancas, and the erection of bar.
racks thereat, Peueacola harbor, Florida, fitly
thousand dollars.
For repaid of Fort Morgan, Mobile Point,
Alabama, forty thousand dollars.
For repairs of Fort Pike, and preservation of
siie, Louisi-.na, thirteen thousand dollars.
For repairs of Fort Wood, Louisiana, aiif thou
sand five hundred dollars.
For repairs of Battery Bienvenue, Louiaiana,
five thousand dollars.
For repairs of Fort Jackson, Miss'ssippi riv
er, Louisiana, twenty five thousand dollars.
For repairs of Fort St. Philip. Mississippi, riv
er, Ixiuisiana, thirty thousand dollars.
For Fort Livingston, Grand Terre island,
Barrataria bay, Louisiana, forty thousand dol
lar«.
For fortifications on the Florida reef, two hun
dred thousand dollars.
For contingencies of fortifications, fifty thou
sand dollars.
For the armament of fortifications, three hun
dred thousand dollars.
Sec. 2. And be it further enacted, That the
President of United Stales may, in his discre
tion, direct the expenditure of any of the forego
ing appropriations at any time after the passage
of this act.
Approved, May 8,184G.
Public.—No. 541.
AN ACT for the organization of a company of
sappers, miners, and pontoniers.
[Sku. 1.] Be it enacted by the Senate
and. House of Representatives of the United
States of America in Congress assembled.
That there be added 10 the. corps of engineers
one company of sappers, minere, and pontoniers,
to be called engineer soldiers : which company
shall be composed of ten sergeants, or master
workmen, ten corporals or overseers, two musi •
cinns, thirty-nine privates of the tirst class, or
artificers, and thirty.nine privates of ihe second
class, of laborers ; in all one hundred men.
Sec. 2. And he it further enacted. Tnat the
pay and rations of the sergeants, or master work
men of said company, shall be the same as those
now allowed by law to the master workmen em
ployed by the ordnance department, excepting
tnat the engineer sergeants shall receive one
ration only tier day, instead of one ration and a
half; ol the corporals, or overseers, the same as
those now allowed by law to the armorers, car
riage-makers, and blacksmiths employed by
the ordnance department, excepting that the
engineer corporals shall receive one ration only
per day, instead ol one ration and a half; of
the privates of the first class, or artificers, the
same as those now allowed by law to Ihe artifi
cers employed by the ordnance department;
of the privates of the second class, or laborers,
the same as those now allowed by law to the
labore s employed by the ordnance department;
and of the musicians, the same as those allowed
by law to the musicians of the line ol the army;
the said non-commissioned officers, privates,
and musicians being respectively entitled to the
same clothing and other allowances as are gran
ted by law to non-commissioned officers, pri
vates, and musicians of the artillery in the ar
my ol the United States.
Sic. 3. And be it further enacted. That the
said engineer company shall be subject to the
rules and articles of war; shall be recruited in
Ihesame manner, and with the same limitation,
and shall be entitled to the same provisions, al
lowances, and benefits, in every respect, as are
allowed to the other troops constituting the pres
ent military peace establishment.
P«o. 4. And be it further enacted. That the
said engineer company shall be attached to and
compose a part of the corps of engineers, and
be officered by officers of that corps, as at pres
ent organized ; they shall be instructed in and
perform all the duties of sappers, miners, and
pontoniers, and shall aid in giving practical in
structions in these branches at the Military
Academy ; they shall, moreover, under the or
ders of the chief engineer, be liable to serve by
detachments, in overseering and aiding labor
ers upon fortifications or other workB under the
engineer department, and in supervising finished
fortifications as fort keepers, preventing injury
and applying repairs.
Sec. 5. And be it further enacted, That the
chief engineer, with the approbation of the Sec
retary of War, be authorized to regulate and de
termine the number, quality, form, dimensions,
4ac. of the necessary v» hides, pontons, tools,
implements, arms, and other supplies for the
use and service, of said company as a body of
sappers, miners, and pontonien.
Sec 6. And b; it further enacted, That, for
the fiscal year ending June thirtieth, one thou
sand eight hundred and forty-six, the sum of
twenty-live thousand dollars be, and the same is
hereby appropriated, to be paid out of any mo
neys in the treasury not otherwise appropriated,
for the pay, subsistence, and clothing of said
company, and for carrying out the other purpo
ses of this act.
Approved, May 15,1846.
Bublic —No. 22.
AN ACT to provide for raising a regiment of
mounted riflemen, and for establishing milita
ty stations on the route to Oregon.
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That there shall be raised ons legiment of
mounted riflemen, to be composed and organi
led as follows, to wit ,: One colonel, one lieute
nant colonel, one major, one quartermaster ser
geant, and two chief buglers, one adjutant, who
shall be a lieutenant, one sergeant major, one
chief musician: and ten companies : each com
pany shall consist of ono captain, one first lieu
tenant, one second lieutenant, (exclusive of the
adjutant, lieutenant,) four seargeants, four cor
porals, two buglersi one farrier, one blacksmith,
and sixty-four privates.
Sec. 2. And be it further enacted. That the
officers, non-commissioned officers, musicians,
and privates shall be entitled to the same pay
and emoluments as nre allowed to dragoons, and
that the farrier and blacksmith shall receive the
same pay and allowances as are allowed to an
artificer of artillery.
Sec. 3. .dnd be it farther enacted. That the
said regiment of riflemen sliali be subject to the
rules and articles of war, and shall be recruit
ed in the same manner as other troops in the
service of the United States, and with the same
conditions and limitations; and the officers,
non-cominissioned officers, musicians, privates,
blacksmiths, and farriers shall be entitled to the
same provisions for wounds and disabilities, and
the same provisions for widows and children,
and the same allowances and benefits, in every
respect, as are allowed to other troops compos
ing the army of the United States.
Sec 4. And be it further enacted, That the
non-commissioned officers, musicians, and pri
vates! of said regiment, when employed in con- !
structing fortifications, making surveys, cutting
roads, or performing other labor, shall be allnw
i ed fifteen cents per day each, with a cominula- \
tioii in money for the extra spirit ration, as pro- ,
vided by the act of the second of March, one j
thousand eight hundred and nineteen, entitled
“An act to regulate the pay of the army when
en latigue duty
Sec. 5. And be it f irther enacted. That the
sum of seventy-six thousand five hundred dollnrs,
for mounting and equipping said regiment, bo,
and the same heieby is appropriated, to bo paid
out of any moneys in the Treasury not other
wise appropriated.
Sec. 6. jtnd be it further enacted. That a
sum not exceeding three thousand dollars, out
of any moneys in the treasury not otherwise
appropriated, be, and the same hereby is appro
priated, to defray the expenses of each military
station or defence which the President may
deem necessary on the lino of communication
with Oregon, and a sum not exceeding two
thousand dollars for making compensation to the
Indian tribes which may own or possess the
ground on which the said station may be erect
ed, and for each station.
Approved, May 10, 1846.
Public.—No. 23.
AN ACT to establish the value of certain for
eign coins end moneys of account, and to
amend existing laws.
[Sec. 1.] Be it enacted by the Senate
and Home of Representatives of the United
States of America in Congress assembled.
That in all computations at the custom'■house,
the foreign coinB and money of account herein
specified shall be estimated as follows, to wit :
The specie dollar of Sweden and Norway, at
one hundred and six cents. The specie dollar
of Denmark, at one hundred and five cents.
The thaler of Prussia ai.d ofthe northern Stales
of Germany, at sixty-nine cents. The florin
ofthe southern States of Germany, at-forty
cents.—The florin of the Austrian Empire, and
of the city of Augsburg, at forty-eight and one
half cents. The lira of the l.ombardu-Venetian
Kingdom, and the lira of Tuscany, at sixteen |
cents. The franc of France, and of Belgium, j
and the lira of Sardinia, at eighteen cenis six |
mills. The ducat of Naples, at eighty cents. |
The ounce of Sicily, at two do’lars and forty!
' cents. The pound of the British provinces of j
Nova Scotia, New Brunswick, Newfoundland, 1
and Canada, at four dollars. And all laws in- i
consistent with this act are hereby repealed. j
Approved, May 22, 1846.
Public.—No. 25.
AN ACT establishing certain post-routes, and
for other purposes.
[Sec. 1.] Be it enacted by the Senate \
arid. House of Representatives of the United
Stales of America in Congress ass' tailed,
That the following be established as post
routes :
IN TEXAS.
From New Orleans, in the state ot L,ouisi
ana, to Galveston, in Texas by water.
From Galveston to Houston, by water.
From Galveston, by San Luis and Velasco,
to Matagorda.
From Galveston to Corpus Chrisli, by water.
From Galveston, by Chambersia, John's, and
Liberty, to Swartwoul.
From Galveston, by Garner's, to Beau,
monl.
From Velasco, by Brazoria, Colombia, Oro
zimlio, Big Creek, Richmond San Felipe, Cen
tre Hill, and Cedar Creek, to Washington.
From Matagorda, by Caney,-Preston, Peach
I Crpek, Egypt, and Columhus, to Lagrange.
From Houston, by Hamblin’s and Arnold’s, to
Washington.
From Houston, by Hodges' Bend, Richmond,
Datnon’s Mills, Egypt, and Tex&na, to Vic
toria.
From Houston, by Croft's, to Montgomery.
From Washington, by Independence, Bren
ham, Sieper’s, Shelby's, and Kulersville, to
Lair range.
From Washington, by Fanthorp’s, Rusk,
Montgomery, Lone Oak, Collards, Huntsville,
and Cincinnaii, to Crockett.
From Washington, by Boonvillc, Wheelock,
and Franklin, to Falls of Brassos.
From Fanthorp’s. by Mitchell's, Leona
Mills, Alabama, and Mustang Prairie, to Crock
ett.
From Huntsville, by McGee’p, Rankin’s,
Swartwoul, Hardin’s, Criswell, Hooker’s, Wil
son’s, Ratcliff’s, Town Bluff, Jasper, and VVil
liams, to Sabinetown.
From Crockett, by Masters’, Mount Airy,
Douglass, Nacogdoches, Melrose, and Flour
noy's to San Augustine.
From Nacogdoches, by Wooten’s, Hender
son, and Walker’s, to Marshall.
From San Augustine, by Shelbyville, Hil
liard's, Mount Mourn, and Parry’s, to Mar
shall.
From San Augustine, by Milam, Sabinetown,
to Fort Jesup, Louisiana.
From Marshall by Jefferson, Hughes, Dan
gorfield, Wevcrs, and Dunham to Booton.
From Marshall, by Fort Caddo, to Greenwood,
Louisiana.
From Boston, by Mooresville. to Fulton, A r
knnsas, and from Fine Bluff’s, in Jefferson
county', to Warren, in Bradley county, in Ar
kansas.’
From Boston, by De Kalb, Savannah, Clarks
ville, Blossom Frame, Faris, and Honey Grove,
10 Bonham.
From Bonham, by McC,ana’s Dallas, and
Chamber’s Creek Falls of Brasses, to Austin.
From Independence, by Mound Frairic, Cald
well, and Dilliard's, to Nashville.
From Lagrange, by Miller’s Cunningham’s.
Mount Pleasani, Bastrop, Smithwick, and Co
lumbus, to Austin.
From Austin to Gonzales,
From Gonzales, by Seguin and New Braun
fels, to San Antonio.
Frotr. Clarksville to Fort Towson.
Sec. 2. And be it f urther enacted. That the
Postmaster General, be, ami lie is hereby, au
thorized to continue in operation such portions
of the present mail service iu Texas, establish
ed under its former laws, upon any of the fore
going routes, as he may deem expedient—not,
however, for a longer period than the thirtieth
June, eighteen hundred and fifty ; and to make
contracts for the appropriate mail service on
any of the foregoing routes, either without ad
vertisement, where the same can be effected at
rates of compensation not exceeding the aver
age prices for like service in oilier Slates of
this Union, or upon advertisements for a less pe
riod than twelve weeks, os he shall deeui best
for the public interests.
Sec. 3. And be it further enacted, That the
Postmaster General be, and he is hereby, au
thorized to pay mini contractors in Texas for
service duly performed by thern since the six
teenth day of February, eighteen hundred and
fortv-six, and also officers employed in superin
tending the moil service; Prodded, however,
That such payment shall iu no case exceed the
compensation agreed upon with the late author
ities of Texas : Provided, also, that the several
postmasters in Texas, appointed by the late
Government of Texas, shall duly account to and
pay over to the Postmaster General of the Uni
ted States all balances accruing at their offices,
respectively, from ami alter said sixteenth of
February, eighteen hundred and forty-six ; thgt
is, all money collected, or to lie collected, for
postages at their offices, respectively, afier de
ducting the commissions allowed by the law to
postmasters in the United Stutes. And it is
hereby enacted and declared to bo the duty of
said persons and postmasters as aforesaid, in
Texas, to uccour.t for and pay over to said Pos’.
tna-ter General ol the United Slates all said
balances, in the manner and to the extent re -
quired by the laws of the United States of the
several postmasters of the United Xtutee ; ami
the like remedies and means of collecting, ami
enforcing collection, by suit or otherwise, of
said balances, are hereby granted, as now exist
by law agsinst the postmasters of the United
States. The same rates of postage are to be
charged and collected in Texas as in other
Sides of this Union; and all luws concerning
the Post Office Deportment, and regulations
thereof, are hereby declared to have fud off-cl
and operation in said State from and after said
sixteenth of February sloresaid.
Sec. 4. And be it further enacted. That the
act establishing certain post routes, in Texas
approved the sixth of February, Anno'Dommi
eighteen hundred and furty-six, be, and tnu same
Is hereby repealed.
Approved, May 29, 1846.
Public.—No. 20.
AN ACT in relation lo the July term of the
circuit and district courts in the district of
Ohio.
[Sec. l.j Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That the July term of the circuit and district
courts of the United Slates in the district ot
Onio, shall hereafter be held on the third Mon
day of July, annually : Provided, That all ac
actione, suits, appeals, recognizances, processes,
writs, and proceedings whatever, pending or
which may be pending in said courts, o return
able to the term as it now exists, shall have
day therein, and bo heard, tried, proceeded
with, and disposed of at the term as fixed by
this act.
Approved, May 29,18-16.
Public.—No. 29.
AN ACT making alterations in the pay depart,
inent of the army.
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
Stales of America in Congress assembled.
That the President of the United States be and
he is hereby authorized, by and with advice and
consent of the Senate, to appoint three addition
al paymasters, lo lie attached to the pay depart
inent of the army.
Sec. 2. And be it further enacted, That the
officers appointed in virtue of this act shall per
form the same duties, receive the same pay and
allowances as the present paymasters of the ar
my, and shall, in like manner, be subject to the
rules and articles of war ; and previous to en
tering upon the duties of thffl office, shall give
such bonds to the United States as the Secretary
of War mny direct for the faithful performance
of their duties.
Approved, June 17, 1846.
TUHLIC.— No. 30.
AN ACT to authorize the justices of the coun
ty court of Dates county, in the State of Mis
souri, to enter a certain quarter section of land
for a county seat.
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That the justices of the country eourl of the
county of Bates, in the Stale of Missouri, be,
and they are hereby, authorized to enter with
the register and receiver of the land office at
Clinton, in said State, for the use of said coun
ty, whereon the county seat thereof has been
located, the northeast quarter of section seven
teen in township numoered thirty-eight north,
of range numbered thirty west; and on pay
ment ofthe minimum pricetherefor within twelve
months alter the passage of this act, a patent
that I issue therefor as in other casts.
Approved, June 19, 1346.
Astesiak Well.—The Artesian Wei! at
Cast Boston, which has been in progress
for some lime past, has now been sunk 270
feet. The workmen are progressing jit the
rate of twelve or fifteen feet in twenty tour
hours. The drill is worked hy steam pow
er, and is to be kept in motion hereafter,
night and day, until the required depth is
reached, or an ample supply of water is ob
tained. The contractors are sanguine they
can bore aa great a depth in 200 days, by
means of theirnpparatus. as it required nine
years to attain at Grenelle, France, bv hand
power. The design of this undertaking
is to provide an abundant supply of good
water for the inhabitants at Bust Boston.
DECISIONS OK JUNE TERM, 1846, I
SUPREME COURT OF ALABAMA.;
Reported for the Journal and Flag.
C. A. ABERCROMBIE, vs. WILLIAM !
ANDERSON.
Macon Circuit Court.
S. Williams, lor the plaintiff in error.
N. W. Cockk, and S. F. Rick for the
defendant in error.
COLLIER, C. J.
1. To bring a case within the influence of
the statute, which exempts tools or im- j
plements of trade fiorn levy. Clay's Dig. i
210,, § 47, tho defendant in execution |
must have a family.
•i. And the exemption if allowable, must be \
confined to the case of n defendant who
uses the tools in hia trade, and not to one
who employs others to work lor him.
3. At common luw, tools were on’y exempt
from distress, where there was other suf
ficient distress on the premises; and sera
i/e, that the common law is even le^s in
diligent to a defendant in execution, than
it is to a defendant who is in d. fault in
the payment of rent.
Affirmed.
BRANCH Bank at mobile.
vs.
LORENZO JAMES, & JOHN DAR
RLNGTON.
Appeal from the Circuit Court of Mobile.
The appellees were joint promissors with
R. D. J. on a note made to the Bink for
26 231 dollars and 14 cents. Afterwards
R D. J. conveyed his entire estate in Clarke
county, consisting of seventy negroes, two
thousand acres of land, his dwell ng house,
Ace., to the Bank to secure the payment of
the note upon a stipulation that he should
not he sued, nor his property sold for five
years. The court charged the jury that it
was their duty to ascertain from the evi
dence, whether tho appellees were sureties,
and if they were, and the Bank knew it be
fore tho execution of the deed of trust ;—
then, according to luw they were discharged
Irom liability, unless they assented to giving
lime to their principal.
A. Fox. for the appellant.
J. A Campbell* lor the appellee*.
COLLI HR. C. J.
1. The prima facie intendment is that the
pnrlies who subscribe n note nrc co rnu
kers, and it devolves upon those who
would profit by showing the contrary to
prove it.
2. All our decisions, explicitly recognize
the admissibility of extrinsic parol evi
dence to show, that a joint obligor whose
suretyship is not indicated by the instru
ment, stands in that relation.
3. And our decisions do not recognize the
distinction, between the effect ofinforrnn
tion in respect to the character of the
maker’s undertaking, communicated con.
temporaneously with, or subsequent to
its delivery.
4. It seems that where the defence affirms
the suretyship of some of the mukers, and
makes it apparent by proof: It is cornpe !
tent for the plaintiff* to show that defend-j
ants dealt with him a* principals.
Affirmed.
WALLACE, vs. McDADE.
Walker Circuit Court.
Peters, for the plaintiff* in error.
Earnest, contra.
ORMOND, J.
1. A fieri facias against a sheriff* should he
directed to the coroner : being addressed
to the Sheriff* it is an absolute nullity. |
2. Being a nullity the Sheriff* cannot he
guilty of laches in not returning it, and of
this defence he can mail himself under j
the'plea of not guilty to a motion for:
failing to return.
Affirmed.
....
FOWLER. v*. THREEWITS ADM’R
Orphan's Court of Lawrence.
W. Coopkr. for the plaintiff in error. !
ORMOND, J. •
1. The statute of descents of this State, ah.
rngntcs the English rule that property
cannot ascend to the parents of the de- j
ceased, but will descend in preference to
remote collateral relations; and the rule
is established that where there are no
brothers or sisters of the deceased or da
cendants of such, the father first, and
then the mother, are capable of inherit*
ing from their child.
2. Where a child upon the death of its
grandfather, becomes one of his heirs at
law, representing its deceased mother :—
upon the death ot this child, its father in
herits its portion of its grandfathers es
tate, and is consequently infilled to share
in its distribution.
3- A petition to the Orphan's court fy a
plaintiff, to be admitted to a share in the {
distribution ot an estate, is a preliminary I
step ; and until the claim is recognized, '
the petitioner is a stranger to the procen.
ding, and cannot be admitted to prosecute
a writ of orrror. Hi* (remedy is bv cer. 1
liorari to the Circuit court by which the !
order dismissing the petition will be re
versed.
Writ of error distressed.
GOVERNOR, USE. <fcc. v*. POWELL,!
ET AL.
Coosa Circuit Oourt.
L. P. Storks, for plnintifT In error,
L. E. Parsons, contra.
GOLDTHWAITE, J.
1. In an action on the official bond of i|
Sheriff alb ging a breach of duty in not
making the money on a Ji fa, it is not a i
good plea in bar that the party in interest
was paid the principal, interest and coat j
of bis debt after the rendition of ihejudff- 1
went, and before the commencement of
the suit on tne bond. The sheriff cannot
investigate the fact of such a payment
made previous to issuing the execution,
but the acceptance of payment by the
plaintiff, after the breach of duty, is a dis
charge to the Sheriff
•2. Querc, whether it is necessary, tinder our
lberal rules of pleading, fora party to
over the person by whom payment j,.
made, or thnt it was accepted ns such.
3. The mere fact that np action on a pens'
bond is brought for the use of another,
docs not rnise the question of the illegnl
transfer of a mere right of action.
Reversed and remanded.
ALSABROOKS. vs. PKSHLF.it.
Franklin Circuit Court.
J. A. Nook, for the plaintiff in error. \
W- Coopkk and E. [). Townes, contra.
GOLDTHWAITE J.
A pica asserting that the note sued on,
was endorsed to the plaintiff by the payee,
lor the sole purpose of discharging a pnr
licnlar note mude by him to a third party,
and thnt the payee after the maturity, di
rected the maker to pay the money to the
third party, which was accordingly done, is
bud. without nverring the payment was
made to the third party in discharge of the
I articular note which it was the object of
the indorsement to discharge. *
Affirmed.
STOUT, INCOLDSIJY iCo. vs. WARD
ADM’R.
Pickcnt County.
J. R. Metcalfe, for the plaintiff in
error.
Bli>s & Baldwin, contra.
GOLDTilWAITU, J.
1. A creditor whose claim is rejected at the
final settlement of nn insolvent estate,
commenced prior to 1843, who is not a
party to the final decree, cannot sue out
u writ of error ; his remedy is by certio»
rnri from the Circuit court.
'i. Quere, « helper lie is inlitled on certiorari
to examine error on the record, when he
takes no exception to the actiun of tho
court in rejecting his claim.
Dismissed.
BRANCH BANK AT MOBILE,
vs.
WM. TAYLOR & M. J. McRAE.
Mobile Chancery.
Lesesne, for tho plaintifi' in error.
C'AMl'BBLL, contrn.
COLLIER. C J.
1. The B inU filed a Bill alleging that T.
executed n mmtgngu on certain slaves,
lor the security of a debt due by prom
isory notes—that one M. claims an in
interest in the slaves in subordination to 1
the mortgage; and that the debt is due and
unpaid. T answered, that previous to the
filing of the bill the slaves specified were
tuken by M. as his property. M. answer
ed, that ho fecievcd the slaves at his
marriage ns theestute ofhiswife;—that
they were not the property ot the morl.
gagor when the mortgage was executed,
but were thin and ever since tho proper
ty of defendant M’s wife, and of the chil- 1
dren of his co defendant T. That he, |
M, holds the slaves by a title adverse
and paramount to the mortgage, and that
the lien r,fcomplainant cannot he enfor.
cod. Held, that the hill should not be
dismissed, but retained until the rights of
tho parties can be adjusted.
Reversed and remanded.
Repeal of the Laws for the Collec
tion of Debts.—Tlio somewhat novel doc
trines of the Hon. Jolin J. McCaughan of
Hurtison couniy, hnvo recently attracted
considerable a'lcnlion. At the last session j
of the legislature, Mr. McCuughan present
ed a petition from the couniy of Harrison !
praying fur the repeal of all law* for the 1
coll'clion of debts. The petition was re j
ferred to a Committee, and a bill was re
ported to carry out the wishes of the peli.
tinners. The bill was accompanied by nn
able report prepared by Mr. McCuughan. ;
Rut ns was to have been expected, wl en the i
subject hud hr en so little discussed before
the people at large in the State, the bill failed
to hr come a la tv.
The vigorous minded author of this meas
ure of rndtcal change—we had almost said
reform—does not, however, despair of the
liunl success of his measure. In a recent
visit to Lafayette county, in the capacity ol
n trustee of the State University, Mr. Me.
Csughan addressed the people at several
public on the subject, and was listened to
with profound attention. His legislative re
port hns been re-published in the London
Times, and we may well conclude that a !
subject of such magnitude will hereafter re
ceive no little share of attention. When I
the legislature meets again, we should like '
to see a bill passed, providing for a direct
vole of the people on this proposition. That J
would bring tile matter up for uiscussion and
deep reflection. We venture lossy that the
measure would And strung advucates in
every couniy.
Mr. McCnttghnn was also the author and
introducer of another radical measura, which
we (rusted wotlld become a law ; but it. too,
failed. It was a bill for the abolishment of
laws for the collection of security debts.
We think the public mind is st this time
tips for this change. The object of gov
ernment is simply to “keep men from in
juring one another.” The thing most to be
feared of s Legislature, is not that it will
enact hud law*, but that it will enact too
many laws. Over legislation ha* produced
more crime and distress than anv other
cause whatever. Under the security laws,
tlio man who is capable of crime never suf
fer*. Long before the debt matures he has
so arranged his property as to go free when
it is to be paid. The honest and (rue heart
ed alone suffer. They whom the laws ought
to protect are fleeced—they whom they
should punish go free. We would blot from
the statute books all laws which incite men
to the commission of crime ; or which lead
them “fa injure one another.—Mississippi
tin.
Southern Manufautorv.—Dr. Cart
right of Green county, Georgia, received
the premium at the late fair at Washington
City tor the best article of Cotton yarn—it
being the finest specimen exhibited.
The last accounts from Mobile repre
sents that city as being entirely free from
disease.
h'r m IkelUarion fliewi.
Onr next Governor—Col. It. B
Wallliull.
Dear Major—The enquiry who i* to be
next Governor is now very rile among your
brethren of the press. What ia every bo
dy’* business is too ofen neglected as it it
were no body’s business. Not so, however,
with Alabamians in a political election, •
matter with which by our constitution, every
man may have to do, Rnd especially wheu
offices of profit, honor or trust, are to be
tilled, in such cases, n provident vigi*
lence ever keeps the public eye wide-open
on the look-out and ready to select a suc
cessor in due season, yea, long before any
incumbent comes to retire from his post.
There is always kept on hand an Elijah
tilted and ready to wear each several man
tle as soon as dropt by nny political Elisha,
And notwithstanding Gov. Marlin may
consider his office as but new and in view
of dm “ loaves and fishes” with which his
official larder is yet well filled, may aay to
his soul, 'Make thine ease,” it is high timo,
the different individuals whom the partiality
of frienda will designate lor his successor
ship if successor he will allow, should be
known by theomnifle people. Some half a
score of names, I believe, have already found
way into the newspapers, and should no
o'her claimants be brought to notice, thers
is among those already spoken of, sufficient
conflict for preference, to require, in order
to an amicable adjustment of the choice,
some good nnlured advocacy by the friends
of each aspirant, of his peculiar claims to
the high and responsible office in question.
When Alexander on bis death bed was
asked to whom he left his crown, he said
to the most worthy ; and every citizen of
Alabama who at all befits the proud sover
ignty of voting at the polls will, whenever
he comes to exercise the elective franchise,
in imitation nt that dung monarch, aim to
caat his suffrage for the most worthy.
And though hut few persons will boldly
cluim for themselves n capacity |o discrimi
nate accurately, according to that high
standard, or will indelicately set up for their
own special favorite so invidious a superi
ority, still, as few will be found to deny that
different men do possess different degrees
of merit, or that any voter who is true to
himself nnd his country can adopt any bel
ter rule than that of worth to decide his
choice, even if mens' passions, prejudices
and selfishness are too bitter and untamed
for them to submit to any such a rigid rule,
still 1 would warn democrats that the very
motto of their ;artv, “ Principia non homi
nes” seems to require of them to keep every
thing else but principles out of view when
they go up to the ballot box. And in this
way some prime good demi c at, if not al
ways the most worthy man. will be elected
to the different offices of State.
But the elevation of one man in prefer
ence to another should be held subordi
nate to the higher and nobler end in view,
viz: the success of democratic principles—
(he establishment of democratic measures,
nnd the triumph of democratic laith. Hence
we see that av«liability must be closely
looked to in the selection of a nominee for
the party in the ensuing governatorial cam
caiszn.
Now, who nmongsl (lie distinguished a*
yet mentioned among the press in connect
ion witii die inquiry who is to be neat
governor, can bet'er than Col. Richard 8,
Walthill lay claim to availability, Whal
is availability but popularity, and what
more reliable evidence of popularity would
you seek, tliun that an individual should bn
generally known—well tried, and ol univer
sally acknowledged fidelity and ability in thn
service of hia party. Give mo this stan
dard for the measurnient of popularity,-—^
and who says it is not a safe one 7 a^HH
without the necessity of going North, SufnN?^
East or West, to conciliate the lavor of any *
man, I will pledge to the support the cordial
and zealous support of Col- Walthall for
the office of governor, a greater number of
prominent atut trust worthy leaders of tho
party in this State, that can as I honestly
believe, be claimed on the same condition,
by any other man before (he public.
Col. Walthall is an old and tried soldier
in the partizan warfare which has agitated
the politics ot Alabama from her earliest ad,
mission into the sisterhood of this great con
federacy of free and sovereign States.
Scarcely a man in the State has been oft
ener than he, for the last twenty years, a
member of one or the other branch tf the
Legislature. And 1 will hazard the pro
tension for him, high and honorable aa it is,
and I challenge contradiction, of his having
served his own constituency and acquitted
himself in all the diversified duties of the
legislature, wiih as much fidelity, as ever did
any man, whose nameeur legislature journ
als record. What orginator or advocate of
any important measure in any legislature
of which he was a member will 'not freely
confess that he regarded Ihe co-operation
of Col. Walthall as a tower of strength to
his side, or feared his oiposition a) that of a
man, himself a host. What man ever ran
for office 6ofore a legislature of which l.a
was a member, will now deny (hat he feared
or courted his iqfiuence. Of industrious
habits, energetic character, and en ardent
temperament, to he a laborious, and wake
ful representative was as natural to him aa
that his muscles should move or his pulae
beat. And while hia industry and partisan
zeal served to quicken hia fidelity to the
duties of tho legislative halls and the com
mittee rooms, they did more ) they brought
him in contact with the members, singly and
severally. In these interviews and pri
vate consultations and debates, which not
only served to convince them of hie abil
ity as a statesman, but also made them feel
that iufluence and form that personal ac
quaintance, which now after lapsing years,
nil scattered as they are over the length and
breadth of our goodly Alabama,they would
he glad to acknowledge and honor by giv
ing the Colonel their votes and influence
ns their party's nominee for governs
August.
overnorj