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OLD SERIES. VOL.X11 JOHy M*CQB1W1CK,8TATK PKINTEK FLAG OF THE UNION, Established July 4, 1833. •TATH JOURNAL k FLAG OF T1IE UNION, United Noreraber 9,1843. BY AUTHORITY. fcAWS OF THE UNITED STATEN, TASSEII AT TI1E FIRST’ SESSION OF THE TWENTY NINTH CONORESS. Public.—No. 37. AN ACT to legalize certain land aa'es made at Chocchumn and Columbus, in the State of Mississippi, and to indemnify the Chickasaws therefor. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assserntltd. That it may and shall be lawful for patents t > be issued, as in ordinary cases, for such of the sales of land made in the land offices at Chocs chuma and Columbus, in the State of Missis aippi, as may be found, by the definitively es tablished line of the Chickasaw cession of one thousand eight hundred end thirty-four, to be, in whole or part, within that cession, and the •aid sales are hereby confirmed and legal zed ; anil for the purpose of indemnifying the Chick asaw tribe of Indians fir said sales, there is here by appropriated, out of any moneys in the trea sury not otherwise appropriated, a sum of money equal to all which has been received upon said sales, to the fund created by the treaty with said Chickasaw tribe, and of right to them belonging: Provided, nevertheless. That this act shall not extend to any sale where the purchase money may have been refunded to the purchaser. Approved, July 15,184l>. Public.—No. 38. AN ACT to change ihe time of holding the federal court in North Carolina. [Sec. 1.] Be it enacted by the Senate, •and House of Representatives of the United States of America in Congress assembled. That the circuit com t of the United States for the district of Nor'hCarolina shall te hi I I at Its leigh, on the first Moud iy in June and Ihe first Monday in December, instead of (he tunes notv prescribed by law ; and Jl sections, suits, ap peals, recognizances, processes, writs, and pro. cecdings whatever pend.ng, or which may be pending, in said courts, or retui liable thereto, ■hall have day therein, and be heard, tried, pro ceeded with, and decided in like manner as if the lime of holding suid court had not hereby been altered. Approved, July 15,1810. Public_No 60. AN ACT to exempt canal boats from the pay' tnent of fees and liosp tal money, [Sf.c. 1,] Be. it enacted by the Senate and House of Representatives of the United States of America in Congress ass m 'tied. Thot the owner or owners, master or captain, or other persons employed in navigating canal boats without masts or steam power, now by laiv required to be registered, licensed, or en. rolled and licensed, shall not he required to pay any marino hospital tax ot money; nor shall the persons employed to navigate >uch boats re. ceive any benefit or advantage fr< m the marine hospital fund ; nor shall such owner or owners, master or captain, or other peruons be required to pay fees, or make any compensation for such register, license, or enrolment and license, nor shall any such boat be subject to be libelled in »ny of the United States courts for the wages of any person or persons who may be employed on board thereof, or in navigating the same. Sec. 2. And be it further enacted, That xll acta and parts of acts repugnant lo the provi sions of this act, be, and the same are hereby repealed. Approved, July 20,1846. a mwv.—ui> AN ACT making appropriations for the sup port of volunteers and other troops authoriz'd to be employed in the prosecution oi'ihe war with Mexico, during the year ending the thirtieth of June, eighteen hundred and forty seven. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United Slates of America in Congress assembled, That the following sums be, and the same are hereby appiopriated, to be paid out ot any mo ney in the treasury, for the support of volun teers and other troops authorized to be entpoly ed for the prosecution of the war with Mi xico, during the year ending the thiitielh June, eigh teen hundred and forty-seven. For the regular army, viz ; For the pay of officers and men. provided for by the act ot eighteenth June, eighteen hundred and forty-six, forty-five thousand nine hundred and forty-four dollars. For subsis'ence of said officers, three thou sand eight hundred and sixty-nine dollars ; Fur forage for said officers horses, thri e 'hou ■and seven hundn d and fir v-four dollars ; For clothing for sa d officers servants, three hundred and sixty dollar*; For recruiting the rifle regimen*, nine thou sand one hundred and eighty dollars ; For clothing and camp equippage for same, twenty-nine thousand nine hundred and nine ty-thiee dollars; For forage for same, fifiy-two thousand two hundred and filty-foiir dollars; For volunteers (including officers, &c. au thorized by acts passed the present session) and their operations, and thoie of the regular army, in the field, viz: """ For pay of officers, two hundred and twelve thousand and ninety-six dollars ; For subsistence of officers, Sec. one hundred and fifty-two thousand seven hundred and six teen dollars. For forage for officers’ horses, fifiy-thme thousand three hundred and seventy-six dol lars ; For pay Sic. Sic, of volunteers, authorized by the act ofthirteemh .May, eighteen hundred and fsrty-aix, three m'llinn four hundred and ninety seven thousand dollars; For subsistence in kind,one million fifty-four thousand and five hundred dollars. For camp equipage, dec. one hundred and thirty thousand dollars; For medical and hospital supplies, forty-five thousand five hundred dollars ; For ordnance, arms. Sic. three hundred and fortv-four thousand dollars; F’*r supplies, transportation, gcc. of the quar termaster's department, six million three Hun dred and nine thousand and twenty-seven dol Approved, July, *>, 1646. Public.—No. 64. AN ACT authorizing and issue of treasury notes and a loan. [Sec. 1.] lie it enacted, by the Senate and House of Representatives of the United States ot America in Congrees assembled. That the President of f/ie United Siates is here by authorized to cause treasury notes to be issued for such sum or sums as the exigeneirB j of the government may require ; and in place I of such of the same as maybe redeemed, to cause others to be issued ; but not exceeding the sum of ten millions of dollars of this emis sion outstanding at any one time, and to be is sued under the limitations and other provisions contained in the act entitled "An act to au hor ize the issue ol treasury notes,” approved the twelfth of October, one thousand eight hundred and thirty-seven, except that the authority hereby given to issue treasury notes shall expire at the end of one year from the passage of this act. Sec. 2. And be it further enacted. That the President, if in his opinion it shall be the inter est of the United States so to do, instead of is suing the whole amount of treasury notes au thorized by the first section of this act, may borrow on lhe credit of the United Mates such an amount of money as he may deem proper, and issue therefor stock of the United States for the sum thus borrowed, and in the same form, and iind-r the same restrictions, limita tions, and provisions, as are contained in the act of Congress, approved Apiil fifteenth, one thousand eight hundred and forty-two, entitled ' “All act for the extension of the loan of eigh teen hundred and forty-one, and fur an addition 1 of five millions of dollars thereto, and lor allow- j ing interest on tressury notes due.” Provided, J however, That the sum so borrowed, together ! with the l reasury notes issued by virtue of this ' act, shall not in the whole exceed the sum of leu millions of dollars; And provided, further, ' That no commission shall be allowed or paid fur j the negotiation of the loan amhorized by this I act; and also that the said stock shall be re*- j definable as a period not longer Ilian ten years ! from l he issue thereof. Sec. 2. And be it further enacted, Thatlhe treasury not,a and stock issued under the pro visions ut this ac> shall r.ot bear a higher rale of interest than six per centum per annum, and no part thcreol shall be disposed of at less than par. feEc. 4. ,4nd be it further enacUd, That no | compensation shall ho made to any officer, i whoso salaty is fixed by law, for preparing, j signing, or issuing treasury notes; nor shall i uny cle rks bo employed beyond the number au- j tiior z^d by the act heroin referred to, fcsEC!. 5 And be it furtherenacted, That, the sum o! fifty thousand do lara be, and the same ! is hereby, appropriated out of a iy mom y in i he I treasury not otherwise appropriated for the purpose of paying the j.mount of certain trea sury note* (which, having been received or re deemed by any autnorizt d officer of the govern ment, were subsequently purloined or stolen and put into circu.ation without evidence on their face ot their having been cancelled) 10 the respective holders, who may have received the same, or any of them, for a full consideriu ti°n, in the usual course of business, without notice or knowledge of the same having been stolen, or canceled, or altered, and without any J circumstances to cast suspicion on the good faith or due caution with winch they may have res 1 ceived the sain*’. j Approved, July *J2,1340. Public —No. 65. AN ACT making approprialions for certain i objects of expenditure therein specifi 'd. ' [Sec. 1] Be it enacted by the Senate and house, of Representatives of the. United Stales of America in Congress assembled. That the fo.lowing stuns of money be, and the name are lierebi, appropriated for the several objects of expenditure hereafter specifi d—viz: [ Fur tee pay and mileage of meriiber* nf Con. gre-s and delegates, one hundred asd seventy six thousand five hundred and forty-eight dol lar*. Fur 'the expenses of the mission to the wild Indians of die.prairie, including the expen ses of a delegation of these Indians to the city j of Washington and back to 'heir homes, and also some presents to them, fifty thousand d ol dais : Provided, That no other or higher com pensation shall be paid to the commissioners appointed to negotiate with said Indians than is authorized by the act approved seventeenth July, eighteen hundred and forty-two, nor shall any expenditure be allowed by the accounting officers but what shall appear to have been proper and reasonable, and which shall, in all respects, be supported bv the must satisfactory vouchers: Prodded, further, That no account shall he allowed, except for objects authorized in the instructions to the commissioners : Provi ded, however. That bills or drafts, heretofore I drawn and negotiated by said commissioners, or either of them, on the cnnim<aeinner of Indi an allaire, in pursuance of instructions and an thority given 10 th-*m, shall be paid out of said appropriation, bolding said commissioners to a doe accouiitatiility for the amount or proceeds nf said hills or drafts. For fulfilling treaty with the Kansas Indians—viz: interest on two hun dred thousand dollars at five per cent , in lieu of investment per second article of trea'y of fourteenth July, eighteen hundred and forty-six, ten thousand dollars; for defraying the neces sary expenses of negotiating the IreHty, pay ment to tile missionary society of the Methodist Episcopal Church, for improvements, erection of a mill, and for provisions per ssme article and treaty, two thousand dollars ; for expenses of surveying the western line or lands ceded, ind marking thessrne, per third article of the -a lie treaty, one thousand dollars. Approved, July 24, IH46. Public.—No. 08. AN ACT giving the assent of Congress to a change of the compact entered into between the United States and the Slate of Arkansas, on her admission into the Union. Whereas the Congress of the United States, by an act supplemen'ary to an act for tint admission of the Stale of Arkansas in'o the Unton, and to provide for the jjuo execution of the laws of the United Slates within the same, and for oilier purposes, approved June twenty-third, eighteen hundred aud thirty six in the fifth proposition made to the mate of Arkansas, and whish was subsequently accepted by tile General Assembly of the State of Arkansas, provided that the two en tire lownah'p- of land located by virtue nf an act of Congress entitled "An act concerning a seminary of learning in the Per ilory of Arkansas,” approved the second day nf March eighteen hundred and twenty-seven, which, by the first recited act of Congress, were vtste i in and ronfiimed to the General Assembly of the Stale of Arkansas, tube appropriated solely to the use anil support of a university in said State: And whereas the General Asaemby of the Slate of Arkansas have, by their resolution, approved Decem ber eighteen, eighteen hundred and foriy four, asked for a modification of aaid com pact to authorize said General Assembly to appropriate said seventy-two sections ol land to common school purposes: Therefore, [Site. 1.] Be it enacted by the Senate and House of Representatives of the United Stales of America in Congress assembled, That the assmtof Congress be, and is hereby, given to the change in said compact asked for by the said General Assembly, so as to autho rize and empower the General Assembly of the State of Arkansas, and they are hereby author ized and empowered, to appropriate said seven tv-two sections ot land fur the u-e and benefit of common schools in said State, nr m any oth er mode the said General Assembly may deem proper for the promotion of education in said State. Approved, July 29, 1846. Public.—No. 60. AN ACT in relaiion to the payment of claims. [Sec. 1.] Be it enacted by the Senate, and House of Representatives of the United States of America in Congress assembled. That whenever a claim on the United States aforesaid shall hereafter have been allowed by a resolution or act,of Congress, and thereby di rected to be paid, the money shall not, nor shall any part thereof, be paid to any person nr per. so is other than the claimant or clsimants, his or their executor or executors, administrator or udrinnisira ors, unless such person or persons shall produce to the proper disbursing officer a warrant of attorney executed by such claimant or claimants, executor or executor-, adminis trator or aihinn'-trators. after the enactment of the resolution or act nllnwng the claim ; and every such warrant of attorney shall refer to such resolution or act, and expressly recite the amount allowed thereby, and shall be attested bv two competent witnesses, and he acknoe I edged by 'he person or persons executing it, be fore an officer having authority to take the ac - knowledgement of deeds, who shall c rtify such acknowledgement: and it shall appear by such certificate tliat such tfficer, at the time ot the making of such acknowledgement, read and fu ly explained such warrant of attorney to the person or per-nns acknowledging the same. Approved, July 29, 1846. Public.—No 67. AN ACT further to extent! the tune for locating Virginia military land warrants, ant! return ing surveys thereon to the General Lund Of fice. [Sec. 1.] Be it enacted by the Senate and Havsr, of Representatives of the United States of America in Congress assembled, That the act entitled "An act further to extend the itne for locating Virginia military land war rants, and returning surveys thereon to the General Land Office,” approved August nine teen, eighteen hundred and forlv one. as to all warrants issued prior to the tenth day of August, eighteen hundrnd and forty, and no others, be, and the same is hereby, revived and continued in force until the first day of January, eighteen hundred and forty-eight. Approved, July 29, 181G. Public.—No. 75. AN ACT to exempt coffee importrd from the Netherlands from duly in certain cases, and for oilier purposes. [Skc. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, from and after the passage of this act. coffee, the prinluctmn or growth of tile colonies or dependencies of the Net lipr!anils, imported into the Unit'd S ates fiom the Netherlands, either in Dutch nr American vessels, shall be admitted free of duty ; and so much of the act approved the thirtieth day of August, eighteen hundred and fotty-two, entitled “All act to provide revenue from imports, and to change and modify ex'Stmg laws imposing duties oil imports, and tor other purposes,” as i- incon si stent herewith, be, and the same is hereby, repealad. hue. 2. jlnd be it further enacted. That th ■ Secretary ot the Treasury be, and lie hereby is, authorized and required to refund and pay, out of any money in the treasury not otherwise appropriated, to the several persona or parties entitled to the same, the amount of duties lev ied and collected upon the importations of cof fee in American vessels from the Netherlands, the production or growth of the colonies or de pendencies of the Netherlands, between the thirtieth day of August, eiglt een hundred and forty.two, and the eleventh day of September, eighteen hundred and forty.five. Sec. And be it furlh'r enacted. That the Secretary of the Treasury be. and he hereby is, authorized and required to refund and pay, out of any money in the treasury not otherwise ap propriated. to the persons or parties severally enlillid to receive the same, ttie amount of dis criminate g tonnage duties heretofore levied and collected on Spanish vessel- coining from foreign countries (except from Cuba and I’orto Ktco) under Lite act approved the thirteenth day of July, eighteen hundred and lliir y-two. entitled "Alt act concerning tonnage duties on Spanish vesselsand fiotn and after the pas sage of this act, no discriminating tonnage du ttea shall be levied on Spanish vessels coming from foreign countries, except those coming from Cuba nr Porto lllco. Approved, August 3, 1846. Public.—No. 78. AN ACT in relation to the time of holding the circuit and district courts of the United States for the district of Ohio. [j>bc. I.] Be it enacted by the. Senate and House of Representatives of the United States of America in Congress assembled. That the terms of the circuit and district courts of the United States for :he district of Ohio, heretofore held on the third Monday of Decem ber, annually, shall hereafier be held on the second Monday of November, annually : Pro vided. That all actions, suits, appeals, recogni zances, processes, writs, and proceedings what ever, pending in said courts, or returnable tu the term, as it now exists, shall have d ,y there in, and be tried, proceeded with, and disposed of at the term as Axed by this act. Approved, August 3, 1848. Public—No. 77. AN ACT to grjnt the right of pre-emption to actual settlers on the land acquired by treaty from the Miami Indians in Indiana. [3kc. 1.] Be it enacted by the Senate and House of Represent’!lines of the United States of America in Congress assembled Tha' every actual settler, being the head of n family, or widow or single man over the age of iwenly-one years, who ia now in possession, by ac'iial residence as a housekeeper, of any trad of public land within the liini a of ihe sev i-ral cessions by the Miami Indiana in Indiana, which have net yet been proclaimed fir sale by me President, or any such person who aha I hereafier aet'le, erect a dwelling-house, and be come a housekeeper upon any such tract of and, shall be entitled to the same b-nefis and privileges, with respect to said land, aa was granted lo settlers on other land by the act ap proved twenty-second of June, eighteen hnn dred and thirly-ei^ht, entitled ‘An act to gram pre-emption rights,'* and the several amenda tory provisions of smdact, effected by the sub sequent acta bearing date first June, eighteen hundred and forty, and third March, eighteen hundred and forty-three : Provided, That the minimum price per acre of 8aid land ahull be two dollars per acre. Seo. 2. .hid he It further enacted. That in every case the affidavit of the claimant under this act shall be like unto that prescribed by the act of twenty-second June eighteen hundred and thirty-eight, and the same shall be tiled, arid proof and payment made tor llir land claim ed, at any tune betore the day fixed by the 1’iesider.t’s proclamation for the public sale of the said land : Provided, That where a tract of land is now settled upon, a settlement mado on eucli tract subsequent to the date of this law shall confer no right on the last mentioned set tier; anil where ae'tlements shall hereafter l m ule, the right shall be in the first settlor, who shall otherwise comply with the conditions ol Ibis law. Approved, August 3d, 1846. Public —No. 78. AN ACT providing for the adjustment of all suspended pro emptton laud claims in tlie sev eral States and lerrtlortcs. [Sec. 1.] lie it enacted by the Senate and House of Representatives of the United Stales of America in Congress assembled, 'l'h .t tlm Commissioner of the General Land Office be, sail he is hereby, authorized and em powered t* determine, upon principles of equity and justice, as recognized in courts of equity, 1 and in accordance with general equitable rules land reeulatiniis, tu be settled by Hie Secretary of the Treasury, the Attorney General, and | Commies oner, conjointly, consistently with i such principles, all ca-es of suspend! d entries now existing in said land office, and to judge in what cases patents shall issue upon the raine: Urevidr.d. however. That such adjudications shall be made wit hit) two y firs from the passuge of this act, and be first approved by the Secres tary oftlie Treasury and the Attorney General, anil shall only. operate to divest jhe United S ates of tlm title of the land embraced by such m ries, without prejudice to the rights of coa* dieting claimants. Sec. 2 And be it further enacted. That the power and jurisdiction given by this act, to the Commissioner of the General Land Office shall ' cease and determine, at the expiration of two j years from the passage tli treof; and such Com I unssiuiier be, and lie ia heieby, directed lo re pot t to Congress at the first session after the 1 -aid adjudications shall have been made, a list j of the same, and under such classes as he may | deem recessary, and nf the principlca upon j which such class was determined. | Mkc 3. And he iI further enacted, That the j said Commissioner shall arrange Ins decisions into two classes ; the tirut class to embrace all , such cases of equity as tnay be finally confirmed I by the board aforesaid, and the second class tu ' embrace all such cases as the board reject and decide to be invalid. Sec 4. Anil be it further enacted, That, for all lands covered by entries or sales which are placed in the first class, patents shall issue lo the claimants; niuL<»ll lands embraced by en tries or suies ph^H in the second cla-s shall ipso fuctn re vert To; and become part of, the public d-miain. I • Si c. 5. And be it further enacted, That it 1 shall and may be lawful for the Commissioner i of the General Land t tffice to order into market, 1 aiierilue nutice, w. thoutthe formality and ex I jii,juu of a proolimiuliui) of (ho ProeidwJll, nil lauds of the second clues, though hereiolore un proclaimed andmtwffureJ, and such other iso'a. led or disconnected tracts or parcels of unoffer ed lands, which, in Ins judgmem, it would be proper lo expose lo sale hi like manner : Prmi j tied. That publie notice of at least thirty days | shall be given by the land officers of the dis rict I in which such lands tnay lie situated, pursuant to the directions of I lie Oointn ssioner aforesaid. Approved, August 31. 1840. Public —No. 60. I AN ACT to provide for the final settlement of the accounts ut John Crowell, late .agent for I the Cheek Indians. I [Sec. 1 ] Be it enacted by the Senate ! and House of Representatives of the United States of America in Congress assembled. That nothing in the act of the third nf March, in the year one thousand eight hundred and forty-five, entitled “An act making apprepria turns fur the civil and diplomatic expenses of the Government for the year ending the thirti eth of June, eighteen hundred and forty-six, and for other purposes,” shall be construed as a bar to the settlements nf the accounts of John Ctowell, late agent of the Creek nation of In dians ; and fur the payment of any sum or sums of money, if any found due to the said Crowell, or to his heirs or legal representatives, by the proper accounting officers ; the necessary uinuunt is hereby appropriated out or any money j in the Treasury not otherwise appropriated. Approved, August 6, 164b. Public.—No. 91. AN ACT to provide for the confirmation of certain aetileinenl claims in the Urcensburg land district, Louisiana. [Sue. 1.] Be it enacted by the Senate and House of Ke(>resenlatives of the United States of America in Congress assembled, That the second proviso of the third section of the act of eighth May, eighteen hundred and twenty two, eulitled “An act supplementary to tile several acts for adjusting the claims to laud and estahluhuig laud offices in the districts east of the island of New O. leans,” shall not apply to the reports dated eighteenth November, eigh teen hundred and twenty, and tweuty-lounh Ju- j ly, eighteen hundred and lweii<y-one, of Cosby and Skipwith, on settlement claims m that part of Louisiana which lies east of the Mississippi ri»er and west of Pearl river ; but such claims which, according to the said reports, were in habited or cultivated, or where the date of set tlement was before the fifteenth April, eighteen hundred and thirteen, are hereby confirmed un der the other restrict ions ot said third section, but this confirmciion snail in no manner alfect prior lights, and shall only amount to a rein quiahiiieiit on the part of the United Stales. Approved, August t>, ItJW Mb. Siiuck, the Missionary, and Miss Sexton we e marr ed last night in the Uap ist Cnurcli, and we heartily wish dull in me future eojoymem uf ilieir matrimoni al sweets, they may not have occasion to exclaim “Oil ShucksSing us a Song was also at church to witness the cercrao* ny of (lie marriage of his friend ; the llicr niometer wus ut about 50, but our beutli en Iriend had his fan ! It is astonishing h.iw education may influence our hubila ! This “poor heathen” did nut know any bet ter. and his travelling friend should have mid him that such outlandish wavs in Mari on would he — observed.—Marion Re view. ^ ----vrww. Vanity bids all her sons he generous and brave, and her daughters to be chaste and courteous. But wny do we want her in », ructions I As the cammed tan who is taught a part he feels not.—Sterne, DECISIONS OK JUNE TERM, INK, SUPREME COURT OF ALABAMA Reported for the Journal and Flag, RICHARD (.'ROOM, At WILLIAM DRAKE, vs. ROBERT BECK. ADM’R. OF DR. W. I RAKIS DEC , Sumter Circu it Court, R. H. Smith, for Rip plaintiffs in error. S. W, Inor, fur the defendants in error. COLLIER, C. J. 1. A bond conditioned to keep the prison bounds, becomes Absolute by the I blurs of the principal to surrender himself to close custody, within the time appointed; or to discharge himself by oinking a sur render of his effects and taking the oath of insolvency. 2. The extent of ihe recovery against the obligors on such a bond. CRiiuot be affix ted by proof, of the inability of the prin cipal, to have satisfied the judgment eith er in whole or in part. U. Whether the penalty of the bond be gran ler or less ilian the statute requires is im material, as the extent of the obligors li ability into he admeasured by the amount of the execution, with its accretion by inlerest and coals. Judgment affirmed. STEELE, ADM’Rv* KNOX'S DISTRI* liUTEES. Orphan's Court of Sumter. R. H. Smith, (or the plaintiff in error. Hair, contra. ORMOND, J. 1. An objection to the nccount filed liv nn administrator nny be taken at the fir.nl neltlement. !i is not necessary that ob jei tioiH taken be submitted in writing, but if either party wishes to have the action of the court thereon reviewed, it will then he necessary to spread them out up on the rucord together with the decision of the court upon them. 2. if the administrator be surprised by exe cutions which he had not anticipated, and is not prepared with the necessary proof to sanction l.is accounts, the obvious rent edy is a continuance of the settle ment. 3. All the rules applicable to currying on u trade by the personal representative, apply with full force to the continuance of a plantation by an executor; and ns to an administrator it is obviously impos sible at common law, as the land de scends to the heirs. 4. And a trade, it seems, is not transmitted even to nn executor so as to enable him to carry it on, unless lie has < xpress au l tlioritv by the will to do so, or is so em powered to act by a court of chancery ; und if lie docs so act he w ill be respon sible to the creditors, as well ns to the heirs; and the latter may take the profits, or insist on a return of (he capital and interest at their election. 0. An administrator has no authority to keep un estate together, and work the slaves on the plantation, without nn nr der of court to tbnl effect, and the distrib utees may elect, whether they will take (lie profits of the business, or charge the administrator with the use of the prop erty. 6. It is the duty of the administrator where the estate is free from debt, to return the fact to the court, that it may be distribu ted. His omission to do so, and reten tion of the property in Ilia own hands for severul years, is mil administration, Ibr'theconsequence of which he is charge nble. 7. Our statutes do not give the administra tor the exclusive right to judge ot the no resaity of a sale of property, but require him to apply to Ibe Orphan’s court for permission to sell, and authorize the court to confer the power where it may tic necessary. 8, It is the duly of an adminlatrator. on ob taining an order—to sell perishable prop erly without delay ; and it he fail to do so, and retain it several years without any justifiable cause; until it deteriorates, he is chargeable with its vulue, at the time it should have been sold. 0. An administrator, when the interest of the estate requires it, may sell slaves, though not necessary fur the payment of debts and though generally distributable in kind ; and when a slave is sold, his val. ue at the time of the sale, and not his estimated value at any previous period is the measure of injury done to the dis tributees. 10- If the sale is justifiable, and made in the usual mode, the price for which the slave was actually soij, would be the measure of his value. Reversed and remanded WM. MALLORY, ET AL. vs. JOHN MATLOCK. Jackt'jnriUe Chancery. S. F Rick,for the plaintiffs in error. A. J. VVai.kkh, for the defendant. COLLIER, C. J. W. M. alleges in his bill that h* oxreuled to Matlock a specialty for 3315 dollars, on which judgment was recovered. On tin specially W. M- paid 25 dollars, and the writing obliged the obligor to pay 72 dol lars nod 50 cents moro than was due at maturity; this excess was produced by the calculation of interest at a higher rate than eight per cent. On the (rial at law, inter rogatories were exhibited to prove these facts, by the testimony nf plaintiff as there was no other witness who could establish the same. The interrogatories were overruled. Complainants offered to Matlock's counsel to pay the amount of the judgment except the 25 dollars previously paid, and the usuri ous interest—which the aitornoy declined receiving. Defendant admits ’the exhibition of the , interrogatories and their exclusion, but denies that any sum was reserved lor in terval above the |pgat rate, or that 25 do! lure, or any other sum was paiclln part ot the indebtedness nnd denies that a feeder whs mude to defendants nflurnev. 1. Held, tlint Ihe answer denied evely idle' pillion of the bill, and that n prnptr cise was made for the addition of dama ge*. 2. Srvib/e, that chancery cannot enttrtnin a bill for discovery after n judgment at law, where the Incts sought to he elicited nto matters of legal defence; unless an excuse is offered for not having exhibi ted n at an earlier period. : 3- So it may be r- gnrded as settled law that relief cannot be obtained in equity against usury, where the party has olnittlcd to plead it at I r.v, and shows no excuao for the failure. 4- AVmVe, that the proper mode of relief, where interrogatories are overruled which ahnuld lie entertained, ia by mundam.is. Affirmed. IURKIN.-3. ET AL. vs- POPE. ET AL. 2Sth Chnnctry District. S. Parsons, for Uic pluini.fT i.i error. L. P. Walker, molra. GOLDI’HWAITE, J. t. Wseru a tenant under an agreement to p:y an annual sum Tor rent, holds over tichout any new agreement, n con tinuiince at the tenancy will be presumed, and Hie obligation to pay rent will he interred. 2. Under our statute nuihnrising adminis trator* &i*a to rent the real estate of de cedent. they ore authorized to receive rent uccrmng up in the deutli of the in testate, on a len.se made in his life time, as he, if living, suu.d recover for use and occupation. 3. An administrator inuy join with the heir in a hill lor partition, hs under the statute referred to, he lias the authority to lease the estate when divided. Reversed and remanded. | HORSFFELD. vs. ADAMS <Si KNAPP. | Circuit Court of Mobile. J. A. Campbell, for the plaintifTin er ror. .1. F. Adams, and E. W. Peck, contra. GOLD I H WAITE, J. 1. If one is uiiliwtully ejected, bv means of n writ of restitution, in a suit to which he : is neither a party or privy, this furnishes j no justification, for him forcibly to eject him who is thus invested with the pus session. His remedy is to sue the Sher iff nr party lor the forcible entry, j 2. Inn suit for n humble entry where the defendant pleads not guilty, the issue is upon the defendant’s forcible entrt. Therefore records of other suits between other parties with respect to die property nr possession ure prima facie irrelevant To show a relevancy, the privity or con ■lection between the parlies to the record, and those before the court should first be suggested or shown. L Where charges asked for, appear to have no connection with the fact in is sue, their application must he shown, by setting out the evidence; otherwise the presumption arises that die court proper ly refused them fur irrelevancy. 4. Quere, whether one ejected in 1941, un der process to which he was neilher part} nr privy, can be prevented from regaining his possession, by suit commenced within tho proper lime, by contests benveen the purty evicting him and other persons for the possession. Rover.ed arid remanded A few weeks ago the Brig Ottoman, Capt. Hannum, sailed fur Boston, from New Or* leans ; and when out at sen, the captain dis covered a slave secreted on board- On st riving at Boston, he had the slave conveyed <>n board a vessel bound for New Orleans— which hits caused him to ho prosecuted by the Abolitionists- An “indignation meet ing” was'held, at which John Q. Adams presided, and a committee of vigilance Was appointed to uttend to the prosecution, or more properly persecution of the captain “for kidnapping.” We find in the Picayune the following letter from C iplain Hannum— which appeals strongly to the sympathy ol the southern people. Bobrov, Sept. 22, 1846. Editors oj the Picayune :—Sorely hunted and tracked by those cursed bloodhounds, the abolitionists, I give you my lust com muniention previous to inking up tny quar ters in Leveiett street jail. Tile one-sided position in which I am plnced, with a polit ical party headed bv an eminent lawyer to contend with, may i>e eaaily imagined. The felonious charge of “kidnapping,” they ate determined to sustain at any cost. The daily papers of the city, with one or two ex ceptions, have not ventured to advance a single sentiment in my fuvor. And all tins row ami excrement about a vagabond drunken negro. This ! lor offen ding thu enemies of utir Union, in order to comply wiih the laws of a sitter State. TolU ol justice. She is not here. She emigra ted South long ago j and to the South I must appeal to save me Irum fine and im prisoiinient. In jour hands, gentlemen, I leave the subject, leeliug certain that you will not fat' to place the mailer before the citizens of Louiiisna in its true and ptoper light. In this rem.iius my only hope. Communications may hr addressed to the cars of J. H P, & Co., 75 Lung Whnrf, Boston. Very respectfuPv, yours, JAMES VV. HANNUM. Late Master of brig Otlomao. Well said—Alexander Duwus, was re cently examined, as a w itness, in a duelling esse, before one of the French courts—and when asked, what was his profession, ho replied—I should call myself a dramatic poet, if l w oe not in the bityh place of Cor neille-” ■istrrcl Movement, A Sketch of Camp Life on the Rio Grande. MY SOLITAIRE. VV b n the St. Louis Legion was encamped mi the Island, at the mouth of the Ihozos Santiago, the bovs begun, for the firat time, to feel the inconvenience of ■* Uncle Sums” fodder arrangement*—not that they expect* ed to find •• chicken lixins” every morning; but they at least felt confident the beau* would be nourishing. About II o’clock, A. M- every day the little round Vegetables were put in thecvinp kettles, and nan hour, or probably an bout and a hall, were served out. To those skilled in the matter of drier beans, we need not explain what lit* tlo elect one hour’s boiling would have upon them. The different messes crack'd away, however, chewed the hard pebbles, and left off their meals in a very unsi t sited mtiiiner. A lew duvs had scarcely e aped, when a general giuinlile was in cin u ation against the. commissary department, Uncle Son. and his bean* in particular. One lull volunteer swore in the rnvss. that lie w,,u!d cross to the main laud, mil provision him* self, if lio had to tat u live Ranchcro, befoio he would starve on such lure; his com radcs chimed in with his rebellious resolve, and nil of them asked leave of the Captain to lake a short excursion lor a few hours, in search ol game* Leave was granted,and off the pariv storied. In the course of a lew hours, one came strolling into camp with a bundle under Ins arm, and as ho passed the sentry on the way to their ten!, lie was accOsteU with— •• joe wuui iuc'K nan you j ,“0h,” says Joe, *• I only killed a ‘gutter snipe.’ ” “ Well,” says the sentry, ‘‘that is ths largest snipe, judging from the bundle. I have ever seen. L”l me look at bis bill." Joe uncovered it, und there was the snout of as tine a young pig ns ever poked his nose into a swill tub. Built winked Ht each olher. exchanged quiet grins, nod then tho snipe was carefully covered nnd curried to quarters. In n few moments along came I another of the mess, who reported Hint he Imd only secured n haunch of -'slow deer,” i. e. a young calf; and, to wind up tho cup. lured game of the party, ilnee more ap. peered, carrying a quarter of •■short-horned ellc,” which some envious members of other messes declnrded Ionised as if it might hava oeen the "slew deer's mammy ! The spoils were put together und covered over, after which the men went into u council of war upon Imw |U g«t something to wash down the game, and make the whole affair a conifoi table one. •• Do voti tbink you can excute a • barrel movement,' boys?” said an Orderly belong, mg to tlie mess. “What is it like 7” was the general in quiry. *• Simply this,” says the Sergeant ; •< the Cotntnissiiiy (Jcnerul is landing stores down •it the bench, among which is some first rata brandy for the officers, and if we could only make one of his half barrels keep step in i hollow square, we might easily execute lie new march of a * barrel movement.’ ” AH the mess expressed themselves ready lor duty iqstanter. and having added n few more rank and file to (he enterprise, off they stinted on a commendubly earnest inarch, to practice the new drill. Tho .nillow square was admirably form'd and reformed half a dozen times before they lenched the bench, and, advancing in lino towards the Commissary's stores, with a rapid evolution they formed around a liquor cask, and commenced their march back across the island. The drill was now full ■f interest—it was new—and one of the Lieutenants, ut: reeled by the strange maraa uvring, approached them just as they were performing a hollow square countermarch. He observed one of the men currying two muskets, and thought it queer, but a glance crel. A strong volunteer was keeping the barrel rolling in Ihu inside—they were rep resenting a square retreating with stores, and it whs really beautiful, the skill with which they did it! Now the barrel roller would get tired, and the squad would coun termarch while another took hie place; again n discovery would threaten, and they tvuuld close up to receive, charge of caval. ry, and thus, moving with caution and steadiness, they reached n small sand hill ill the rear of the cutnp. Now commenced some brilliant slow movements, all in one spot, which were followed hy the squad form, ng line age in, and moving into camp. At he spot where the square broke, a fresh hit. took of sand might have been discovered, by those oi.ly, however, who knew the former ievenesa of the spot. The Lieutenant, who had critically watch >>d the nitinoB tvring ol the men, congratula. ml the Orderly on the perfection of their Irill. The subordinate looked him in the rye, and knew, bv the slight curl in the mus elea of his face, that he “smoked’’ the new •artica ; so, touching his cap politely, he isked the olli'-t r, il, when they cooked their jams, he would accept a slice > “If the cook in your mea* season* it care* fully and it’s Pot overdone. 1 woulden’t mind tasting it," says the Lieutenant. The Orderly winked, and they separated. It was refreshing tn an old campaigner,just to see how "gutter snipe,” “short.horned elk,1’ and ’slow-deer’ were disposed of that evening in the mess which esecuted the above descrioed strange drill; and ever nf* ter that night it became a bye word, when i volunteer was seen moving in a zizzag fashion, that he was practising the legion’s new march, called -the barrel movement.’' The Concord N. tl. Courier has the following hit at thu Manufacturer* of Mass, achuseits : “They talk of their holy religion; but their robes of righteousness are woven st Lowell and Manchester ; their Paradise is a high per centum on Factory rtock ; their psalnia of rejoicing are triumph* over a rival party in politics on the question of Banks and tariffs ; they would turn Heaven into Birmingham, end make every angel a wen* ver, and with the eternal din of loom and spindle* drown all th* anthem* of the I—B log *tars /"