State journal & flag. [volume], October 30, 1846, Image 1

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

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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 /"