State journal & flag. [volume], November 06, 1846, Image 1

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

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
Mtftitii tc jh
i
»
“press oj\*w.tnn”
OLD SERIES, YOL. XU.
CITY OF TUSCALOOSA, ALA., FRIDAY, NOV. 6. 184G.
NEW SERIES—VOL •
-NO. o 1
joim ri*cormick,statu phinteii.
FLAG OF THE UNION,
Established July 4, 1833.
UTATK JOURNAL k. FLAG OF THE UNION,
United Noeember 9,1843.
BY AUTHORITY.
LAWS OF THE LNITBO STATES, passed at the first
SESSION OF THE TWENTY NINTH CONURTSS.
Public.—No. 74.
AN ACT reducing the duty on imports, and for
• other purposes.
[Sec. I.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
That from and after the first day of December
next, in lieu of the duties heretofore imposed bv
law on the articles hereinafter mentioned, and
on such as may now be exempt from duty, there
shall be levied, collected, and paid, on the
goods,wares, and merchandise herein enumera
ted and provided for, imported from foreign
countries, the following rates of duty—that is
to say:
On goods, wares, and merchandise mention
ed in schedule A, a duty of one hundred per
centum ad valorem.
On goods, wares, and merchandise mentioned
In schedule B, a duty of forty per centum ad va
lorem.
Un goods. wares, and mercnanoise menuoneu
in schedule C, a duty of thirty per centum ad
valorem.
On goods, wares, and merchandise mentioned
in schedule D, & duty of twenty pie pcrcenium
ad valorem.
Ongoods, wares, and merchandise mentioned
in schedule E, a duty of twenty pep centum _ad
valorem. .
On goods, wares, and merchandise mentioned
in schedule I1', a duty of fifteen per centum ad
valorem. .
On goodp, wares, and merchandise mentioned
in schedule G, a duty of ten per centum ad va
lorem.
Ongoods, wares, and merchandise mentioned
in schedule H, a duty oi'pve per centum ad va
lorem.
Sec. 2. And be it further enacted. That from
and after the first day of December next, the
goods, wares, and merchandise mentioned in
schedule I, shall be exempt from duty.
Sec. 3. And be it furth-r enacted. That Irom
and after the first day of December next, there
shall be levied, collected, and, paid on all go ids,
wares, and merchandise imported from foreign
countries, and not specially provid' d for in tins
act, a duty of twenty per centum ad valorem.
Sec. 4. And bt it further enacted, That in
all cases in which the invoice or entry shall not
contain the weight or quantity or measure of
goods, wares, or merchandise now weighed or
measured or gauged, the same eltall be weighed,
gauged, or measured at tho expense of the own
er, agent, or consignee.
Sec. 5. And be it further enacted, That from
and after the first day of December next, in
lieu of the bounty heretofore authorized by law
to be paid on the exportation of pickled fish of
the fisheries of the United States, there shall
ba allowed, on the exportation thereof, if cured
with foreign salt, a drawback equal in amount
to the duty paid on the salt, and no more, to be
ascertained under such regulations as may be
prescribed by the Secretary of the Treasury.
Sec. 6. And be it further enacted. That all
goods, wares, and merchandise imported after
the passage of this act and which may be in
the public stores on the second day of December
next, shall be Bulject to no other duly upon the
entry thereof than if the some were imported
respectively after that day.
Sec. 7. And be it further enacted, That the
twelfth section of the act entitled “An act to
provide revenue from imports, and to change
and modify existing laws imposing duties on
imports, and for other purposes,” approved Au
gust thirty, eighteen hundred and forty-two,
shall be, and the same is herwby, so far modified,
that all goods imported from this side the ('ape
ef Good Hope or Cape Horn may remain in the
public stores far the space of one yeur instead of
trie term of eixtv days prescribed in the said sec
tion ; and that all goods imported from beyond
the Cape ot Good Hope or Cape Horn may re
main in the public stores one year instead of the
term of ninety days prescribed in the said sec
tion.
Sec. 8. And be it Jurther enacted. That it
■hall bo lawful for the owner, consignee, or
■gent of imports which have been actually pur
chased, on entry of the same, to make such ad
dition in the entry to the cost or value given
in the invoice, as in his opinion may raise the
came to the true market value of such imports
in the principal markets of the conntiy whence
the importation Bhall have been made, or in
which the goods inported shall have been origi
nally manufactured or produced, ib the case
may be ; and to add thereto all costs and char
ges which under existing laws, would form part
cf the true value at the port where the same
may be entered, upon which the duties should
be assessed. And it shall be the duly ot the
collector within whose district the same may
be imported or entered to cause the dutiable
value of such imports to be appraised, estimated,
anfl ascertained in accordance with the provi
sions of existing laws; and if the appraised
valua th reof shall exceed by ten per centum or
more the value so declared on the entry, then,
in addition to the duties, imposed by law on the
•ame, there shall be levied, collected, and paid,
■ duty of twenty per centum ad valorem oq such
appraised value: Prodded, nevertheless, That
under no circumstances shall the duty be assess
ed upon an amount less than the invoice value,
any law ot Congress to the contrary notwitli
■landing.
Sec, 9. And be it further enacted. That the
’deputies of any collector, naval officer, or sur
veyor, and the clerks employed by any collec
tor, naval officer, surveyor* or appraiser, who
are not by existing laws required to be sworn,
■hall, before entering upon their respective du
tics, or, if already employed, before continuing
in the discharge thereof, lake and subscribe an
oath or affirmation faithfully and diligently tn
perform such duties, and to use their best en
deavoro to prevent and detect frauds upon ihe
revenue of the United States; which oath or
affirmation shall be administered by the collec
tor of t he port or district where the said deput ins
or clerks may be employed, and shall be of a
form to be prescribed by the Secretary of the
Treasury.
810.10. Andie it further enacted, Thai no
officer'or other person connected with the navy
of the Unitpd States, shall, under any pretence,
import in any ship or vessel of the United Slates
any goods, wares, or merchandize liable to the
payment of any duty.
Sac. 11. AndBe it further enacted, That all
acta aad parts of acta repugnant to the provi.
eiona of this act be, and the same are hereby re
pealed.
Schedule A.—(Owe hundred per centum ad
valorem.)
Brandy and other spirits distilled from grain,
or other materials ; cordials, absynthe, arrack,
cnracoa, kirschenwasser, Iiqtiers, maraschino,
ratafia, and all other spirituous beverages of a
similar character.
Schedule B.—(Forty per cent, ad valorem.)
Alabaster and spar ornaments ; almonds ;
anchovies sardines, and all other fish preserved
in oil; camphor refined ; cassia; cloves; com
position tops for tables, or other articles of fur
niture ; comfits, sweetmeats, or fruit preserved
in sugar, brandy, or molasses ; currants; dates;
t ginoer root* dried or green ; glass, cut,
mace ; manufactures of cedar wood, granadilla,
ebony, mahogany, rosewood, and satin wood ;
nutmegs; pimento ; prepared vegetables, meats,
poultry, and gamo scaled or enclosed in cans,
or otherwise; piunes; raisins; scagliola tops
for tables, or other articles of furniture ; segars,
snulf, paper segars, and all other manufactures
of tobacco; wines—Burgundy, champagne,
claret, Madeira, Port, sherry, and all other wines
and imitations of wines.
Schedule C.—{Thirty per centum ad valo
rem.)
Ale, beer, nnd porter in casks or bottles ; ar.
gentine, alabatta. or German silver, manufactur.
ed or unmanufactured ; articles embroidered
with gold, silver, or other metal ; articles worn
by men, women, or children, of whatever mate
rial composed, made up, or made wholly or in
part, by hand ; asses’ skins ; balsams, cosmet
ics, essences, extracts, pastes, perfumes, and
tinctures, used either for the toilet or for medi
cinal purposes ; baskets, and ail other articles
composed of grass, osier, palmleaf, straw, whale
bone, or willow, not otherwise provided for ;
bay rum ; beads* of amber, composition, or wax,
and all other beads ; benzoates ; bologna sausa
ges ; bracelets, braids, chains, curls, or ringlets,
composed of hair, or of which hair is a compo
nont pari ; braces, suspenders, webbing, oroth
er fabrics, composed wholly or in part of India
rubber, not otherwise provided for; brooms and
brushes ot all kinds; cameos, real and imita
tion, when set in gold, silver, or- other metal;
canes, and sticks for walking, finished or unfin
ished ; capers, pickles, nnd sauces of all kinds
not otherwise provided for; caps, hats, j.iutFs,
and tippets of fur, and all other manufactui es of
fur, or of which fur shall be a competent mate
rial ; caps, gloves, logins, mitts, socks stock
ings, wove shirts and drawers, and all similar
articles made on frames, worn by men, women,
or children, nnd not otherwise provided for;
card cases, pocket books, shell boxes souvenirs,
and all similar articles, of whatever material
composed ; carpeting, hearth rugs, bedsides,
and other portions or carpeting, being either
Aubu.-son, Brussels, ingrain, Saxony, Turkey,
Venetian, Wilton, or any other similar fabric;
carriages and pirts of carriages ; cayenne pep-*
per ; cheese ; cinnamon ; clocks and parts of
clocks ; clothing ready made, and wearing ap
parel of every description, of whatever material
composed, made up or manufactured wholly or
in part by the tailor, sempstress, or manufac
turer; coach and harness furniture of all kinds;
coal ; coke and culm of coal ; combs of all
kinds; compositions of glass or paste, when
set; confectionary of all kinds, not o'herwise
provided for ; coral, cut or manufactured; corks;
cotton cords, gimp?, and galloons; court plas
ter ; crayons of ail kinds ; cutlery of all kinds ;
diamonds, gems, pearl*, rubies, and other pre
cious 8'om*s, and imitations of precious stoues,
when set in go d, silver, or other metal ; dolls,
ai d toys ofad kinds ; earthen, china, and stone
war** and all other wnres composed of earthy
and mineral substances, not otherwise provided 1
for ; epaulets, galloons, laces, knots, stars, tas
sels. tresses, and wings of gold, silver, or other
metal; fans and fire screens of every descrip
tion, of whatever material composed ; feathers
ond flowers, artificial or ornamental, and parts
thereof, of whatever material composed, fire
crackers; fiats, braids, plaits, sparterre, and
willow squares, u«ed for making ha's or bonnets;
frames and sticks for umbrellas, parasols, ond
sunshades, finished or unfinished ; furniture, 1
cabinet and household ; ginger, ground ; glass,
colored, stained, or painted; gUss crystals for
watches ; g asses or pebbles for spectacles ;
glass tumblers, plain, moulded, or pressed, not
cut or punted ; paintings on glass ; porcelain
glass ; grapea ; gum benzoin or Benjamin ; hair
pencils ; hat bo lies of co ton; hats and bon
nets, for men, women, and children, composed
of straw, satin, straw*, chip, grass, palm leaf,
willow, or any other vegetable substance, or of
hair, whalebone, or oilier material not otherwise
provided for ; hemp, unmanufactured ; honey ;
human hair, cleansed or prepared for use ; ink
and ink pownler; iron, in bars, b'onms, bolts,
loops, pigs, rods, slabs, or oth- r form, not oth
erwise; provided for; costings of iron ; old or
scrap iron ; vessels of cast iron ; japanned ware
of all kinds, not otherwise provided for ; jewel
ry, real or imitation ; jet and manufactures ol
j”t, and imitations thereof; lead pencils; inac
caroni, vermicelli, gelatin0, jellies, and all sim
ilar preparations ; manufactures of the hark of
tliecoik tree, except corks; manufactures of
bone, shell, horn, pearl, ivory, or vegetable ivo
ry ; manufactures, articles, vessels, and wares,
not otherwise provided for, of brass, copper,
gold, iron, lead, pewter, platina, silver, tin, or
other metal, or of which edher oftlmse metals
or any other metal shall be the component ma
terial of chief value; manufactures of cotton,
linen, silk, wool, or wor t d, if embroidered or
tamboured in thrt loom or otherwise, by machin
ery, or with the needle, or other p oeess ; man.
ufaclures, articles, vessels, and wares of glass,
or of which glass shall be a component materi
al, not otherwise provided for; manufactures
and articles of leatner, or of which leather shall
be a component part, not otherwise provided
for; manufactures and articles of marble, mar
ble paving tiles, and all othpr marble more ad
vanced in manufacture than id slal s or blocks in
the rough j mauufaciures of papers, or of wliioli
paper is a component material, not otherwise
provided for; manufactures,arlicles, ami wares
of papier maclie ; manufactures of wood, or of
which wood is a component pirt, not otherwise
provided for; niatiufac'tires of wool, or of which
wool shall be the component material of chief
value, not otherwise provided for; medicinal
preparations, not otherwise provided for ; me
tallic pens ; mineral waters ; molasses ; mus
kpts, r fles, and o'her fire-arms; nuts, not other,
wise provided for; ochres and oclirey earlhs,
used in the composition of painters’ colors,
whetherdry or ground in oli ; oil cloth of every
description, of whatever material composed ;
o Is, volatile, essent al, or expressed, and nm
otherwise provided for; olive oil, in casks, other
thansalid oil; olive salid nil, and all other olive
oil, not otherwise provided for; olives ; paper
—antiquarian, demy, drawing, elephant, fool
scap, imperial, letter, and all other paper not
otherwise provided for; paper boxes an I all
other fancy boxes; paper envelopes; parasul
anti sunshades; parchment; pepper; plaled
and gilt ware of all kinds; playing cards;
plums ; potatoes ; red chnlk*pencils ; 6%ddlery
of all kinds, not otherwise provided for; sal
mon, preserved ; sealing wax; sewing silks, in
the gum or purified ; shoes composed wholly of
India rubber; side-arms of evpry description;
silk twist, and twist composed of silk and mo
hair ; silver-plated metal, in sheets or other
| form; aoap—Castile, perfumed, Windsor, and
| all other kinds; sugar of all kinds; sirup of su
gar; tobacco, unmanufactured; twines and pack
thread, of whatever material composed; urn
brellas ; vellum ; vinegar ; waters ; water col,
ors ; wood unmanufactured, not otherwise pro
vided for, and fire-wood ; wool, unmanufactur
ed.
Schedule D.—{Twenty five per centum ad
valorem )
Borax or tinctal; Burgnnday pilch; button
and button moulds, of all kinds ; baizes, bock
ingr, flannels, and floor-cloths, of whatever ma
terial compost'd, not otherwise provided for;
cables and cordage ; tarred or untarred; calo
mel, and all other mercurial preparations ; cam
phor, crude; cotton laces, cotton insertings,
cotton trimming laces, dotton laces and braids ;
floss silks, feather beds, feathers for beds, and
downs of all kinds ; grass cloth ; hair cloth,
hair sealing, and all otner manufactures of hair
not otherwise provided for; jute, sisal grass,
coir, and other vegetable substances unmanu
factured, not otherwise provided for; manufac
tures composed wholly of cotton, not otherwise
provided for; manufactures of goat’s hair or
iftohair, or of which goat’s hair or mohair shall
be a component material, rot otherwise provi
ded for; manufactures of silk, or of which silk
shall be a component material, not otherwise
provided for; manufactures of worsted, or of
which worsted shall be a component material,
not otherwise provided for ; inat nig, China, and
other floor matting and mats made el flags, j to,
or grass ; roofing slates and slabs other than
roolitng slates; wollen and worsted yarn.
Schedule E—(Twenty per centum ad va
lorem-)
Acids, acetic, acetous, benzoic, bnracic, chro
mic, citric, muriatic, white acd yellow, nitric,
pyroligneous, and tartaric, and all other acids,
of every description, used for chemical or medi
cinal purposes, or for manufacturing, or in the
fine arts, not otherwise provided for; aloes; al
um; amber; ambergris; angora, Thibet, and
other goats’ hair or mohair u 1 manufactured ;
annif-eed ; animal ca bon ; antimony, crude and
regulus of; arrow-root ; articles, not in a crude
state, used in dying nr tanning, not otherwise
provided for; ogsafcetida ; bacon; bananas;
barley; beef; beeswax; berries, vegetables,
flowers and barks, not otherwise provided for ;
bismuth; bitter apples ; blankets of all kinds;
blank boohs, bound or unbound ; blue or Ro
man vitriol, or sulphaie of copper ; boards,
planks, staves, laths, scantling, spars, hewn,
and sawed timber, and timber to be used in
build ng wharves; beuclio leaves; breccia;
bronze liquor; bronze powder; butter; cadmi
um; calamine; canilmrides ; caps, gloves, leg
gings, mitts, socks, stockings.# wove shirts and
drawers, made on frames composed wholly of
cotton, woin by men, women, and children;
cassia buds ; castor oil; castorum ; cedar wood,
ebony, granadilla, mahogany, rosewood, and sat
in wood, unmanufactured ; chocolate ; chro
mate of lead; chromite, bichromate, hydnoda'e,
and prussiate of potash; cohalt; cocoa nuts ;
coculus indicus ; copperas o-green vitriol, or
sulphate of iron ; copper rods, bolls, nails, and
spikes ; copper bottoms ; copper in sheets or
plates, called braz er’s copper, and other sheets
of copper not otherwise provided for; cream of
tartar; cubebs; dried pulp; omerv ; ether;
extract of indigo; extracts and decoctions of
logwood and other dye woods, not otherwise
provided for; extract of madder; f lspar; fig
blue ; fish, foreign, whether fresh, smoked, salt.
rii, dr i • d, vt picKIcd, 1111* OthtTWfSO [)rOVfti»d fill,
fish glue or ismgl tss ; fi fi skins; fhxsepd ;
flour of sulphur; Frankfort black; French chalk;
fruit, green or ripe, not otherwise pro* ided for .
fulminates or fulminating powders ; furs dress
ed on the skin ; gamboge ; glue; green turtle ;
gunny cloth ; gunpowder ; hair, curled, moss,
6ea weed, and all other vegetable substances
used for beds or mafresses; hams; hats of
wool ; hat bodies, made of wool, or of which
wool shall be a component material of chief
value ; hattei’a plush, composed of silk and cot
ton, but of which cotton is the component ma
terial of chief value ; hemp seed or linseed, and
rapeseiB oil, and all other oils used in painting;
lnd an corn and corn meal ; ipecacuanha ; iri
dium ; iris or orris root, iron liquor ; ivory or
b >ne b ack ; jalap ; juniper buries ; lac spirits,
lac sulphur; lam| b ack ; lard, I atlier, tanned,
bend or sole ; leather, upper of all kinds ; It ad,
in pigs, bars, or sheets; leaden pipes ; leaden
sho' ; leeches ; linens of all kinds ; liquorice
paste, juice, or root; litharge; malt, mmga
nesc , marina ; manufactures of flux, not other
wise provided for; manufactures of hemp, not
otherwise provided for; maible in the rou h,
slab, or block, unmanufactured ; marine coral
unmanufactured ; medicinal drugs, roots, and
leaveu, in a crude slate, not otherwise piovided
for ; metals, Dutch and bronze, in I of; metals,
unmanufactured, not otherwise provided for;
mineral and bituminous substances, in a crude
state, not otherwise provided for; musical in
struments of all kinds, and strings for musical
instruments of whip gut or catgut, and nil other
strings of the same material ; needless of all
kinds for sewing, darning, or k.fitting ; nitrate
of lead ; oats and oatim a! ; oils—noatsfoot and
other animal oil, spermaceti, whale andoih-r
fishoil, the produce ot foreign fisheries ; opium;
oranges, lemons, and limes ; orange and lemon
peel ; osier or willow, prepared for basket ma
ker's use; patent mordant; points, dry or
ground in oil, not otherwise provided ffir; pa
per, hangings and paper for screens or fire
boards, paving stones ; paving and roofing tiles
and bricks ; pearl or hulled barley ; periodicals
and other works in tin* course of printing and
republication in the United States; pineapples;
pitch; plantains; plaster of Paris, when giound;
plumbago ; pork ; potassium ; Prussian blue ;
pumpkins; putty; quicksilver; quills; red
chalk ; rhubarb ; rice, or paddy ; roll brimstone;
Roman cement; rve and rye flour; saddlery,
common, turned, or japanned ; saffron and saf
fron cake ; sago; sal soda, and all carbonates
of soda, by wba.ever names designated, not
ptherwise provided for ; salts—epso n, glauber,
Rochelle, and all other salts and preparations of
salts, not otherwise provided for; sarsaparilla;
seppia; shaddocks; sheathing paper ; skins, tan
I ned and dressed, of all kinds ; skins yf all
| kinds, not ot icrwise provided for ; slate pen
cils; smalts; spermaceti candles and tapers;
spirits of turpentine; sponge-; spunk; squills;
starch, stear ne candles and tapers ; steel, not
O'herwise provided for; stereotype plates ; still
bottoms; sulphate of barytes, crude or refined ;
sulphate of quinine ; tallow candles; tapioca;
tar; thread laces and inserting*-; type metal ;
types, new or old ; vanilla beans ; verdigris ;
velvet, in the piece, composed wholly of cotton ;
velvet, in the piece, composed of cotton and
silk, hut of which cotton is the component ma
terial of chief value-; vermiliion ; wax candles
and tapers ; whalebone the produce of foreign
fisheries ; wheat and whCut flour ; whito and
red lead ; whiting, or Paris while ; white vitri
ol, or sulphate of zinc; window glass, broad,
crown, or cylinder; woollen ; yams.
Schedule. F—(Fifteen per centum ad va
lorem. )
AraPnic; bark, Peruvian; hark, Quilla ;
Brazil paste ; Brimstone, crude in bulk ; codtlla,
or tow of hemp or flax ; cork tree baik, until in
ufiClurei!; diamonds, glazier’s, set or not set ;
dragoon’s blood: flax, unmanufactured; gold
and silver leaf: mineral kertnes ; silk, raw, not
more advanced in manufacture than singles,
tram and thrown, or organzine; steel in bars,
cist, shear, or G 'rman ; Teme tin plates ; tin
Toil ; ini in plates or sheets ; tin plates galvani
sed, not otherwise provided lor; zinc, speller,
or tu ttenegue, in sheets.
Schedule G.—( Ten per centum ad valo
rem )
Ammonia; annatto, rancon or Oilmans; ba
rilli; bleaching powders or chloride ; of limo ;
books printed, magazines, pamphlets, periodic
cals,arid illustrated newspapers, bound or un
bound, not otherwise provided for; building
stones; burr stones, wrought or unwrought ;
cnineos and moauics, and imitations thereof, not.
set; chronometers, box dr ship’s, and parts
thereof; cochineal; cocoa; cocoa shells; com
positions of glass or paste, not set; budaear ;
diamonds, geins pear's, rubies, and other pre
cions stones, and imitations thereof, when not
set; engravings or plates, bound or unbound ;
hempseed, linseed, and rap tseed ; fuller’s earth;
furs, hatters’, dressed or undressed, not on the
skin ; furs, undressed, when on the skin ; gold
beaters’skin ; gum aralnc and gum Senegal;
gum trngacanth ; gum barbary ; gum East In
dia; gum jodda; gmn substitute,or burnt starch:
hair ol'all kinds, uncleaned and unmanufactured;
India rubber, in bottles, slabs, or sheets, unman
ufactured ; indigo ; kelp ; lemon and lime juice;
lime; maps and charts ; music and music pa
per, with lilies, bound or unbound ; natron ;
nux vomica ; oils, palm and cocoanut; nrpi
menl ; palm leaf, unmanufactured ; polishing
stones ; pumice and pumice stones; rktans and
reeds, unmanufactured ; rotten stones ; sai am
monia ; saltpetre, (nr nitrate of soda, or potash,)
rrfined or partially refined; sodar ash ; sulphu
ric acid, or oil of vitriol; tallow, marrow, and
all other grease and snap stocks and soap stuffs,
not otherwise provided tor; terra japonic! or
catechu; watches, and parts of watches ; watch
materials of all kinds not otherwise provided for;
wood or pastel.
Schedule II —(Five per centum ad valo
. rem)
Alcornorpie ; argol, or elude tartar; bells,
when old, or bell metal, fit only to be remain!
factored ; berries, nuts, and vegetables used,
exclusively in dying, or in composing dyes, but
no article shall be classed assoclt that has nil
' ergone any inaiiutnc'nre ; bmss in pigs or bars;
b nss, when old and fit only lobe reiniinufactur
rd ; Brazil wood, and all other dye-wood to
sticks; bristles; chalk, not otherwise provided
for; clay nnwronght; copper in pigs or bars;
copper, when old, and fit only to be remanutac
tured ; floes ; grindstones, wrought or ur.
wronglit ; horns, horn-tips, bones, bone tips,
and teeth unmanufactured ; ivory, unmanufac
tured ; ivory nuts, or vegetables ivory ; kerntes;
lac dye ; lastings suitable for shoes, boms, boo
tees, or buttons, exclusively ; madder, ground;
madder roo> ; manufactures 01 mohair cloth, silk
twist, or other manufacture of cloth suitable for
Lite manufacture of shoes, bouts, bootees, or but
tons, exclusively ; nickel; itutgnlls; pearl, mo
titer of; pewter, when old, and lit only to be
remnnnfactured ; rags, of whatever material ;
raw hides and skins ofall kinds, whether dried,
salted, or pickled, not otherwise provided for ;
safflower ; saltpetre, or nitrite of sudar, r.r pot
ash, when crude ; seedluc ; shellac , sumac ;
tin, in pigs, liars, or blocks ; tcrloisc, and other
shells unmanufactured ; turmeric ; waste, or
shoddy; weld; zinc, spelter, or teutenegue, un
manufactured, not otherwise provided for.
Schedule 1.—{Exempt from duty.)
Animals imported for breed ; bullion, gold
anti oil—*- f c.binete uct-uirin, mcaatp, and oTner
collections of antiquities ; coffee and tea, wlmn
imported direct from the place of their growth
or production, in American vessels, or in foreign
Vessels entitled by reciprocal treaties to he ex
empt from discriminating duties, tonnage, and
other charges ; coffee, the growth or production
fo the possessions of the Netherlands, imported
from the Netherlands in the same manner; coins,
gold, silver, and copper; copper ore; copper
when imfioifed for the Unjted States mint; cot
ton; felt adhesive, for sheathing vessels ; garden
seeds, not otherwise provided for ; goods, wares,
and merchandise, the growth, produce, or man
ufacture of the United States, exported to a for
' eign country, and brought back to the United
States in the same condition as when exported,
upon which no drawback or bounty has been
allowed : Provided, That all regulations to as
certa n the identity thereof prescribed by exist
ing laws, or which may bo prescribed by the
Secretary of the Treasury, shall be complied
wijh ; guano ; household effects, old and in use,
of persons or families I rom foreign countries, if
used abroad by them, and not intended for any
other person or persons or for sile; junk, o:d
models of invemio is nnd other improvements
in the arts ; Prodded, Thai no artfelo or arti
cles shall be deemed a model or improvement
which can be fitted for use ; Oakum ; oil, sper
maceti, whale, and other fish, of American fish ,
erics, and all other articlea the produce of such
fisheries ; paintings and statuary, the produc
tion of American art is: s residing abroad, nnd
all other paintings and statuary; Provided, The
same be imported in good faith as- objects of
taste, and not of merchandise ; personal and
household effects (not merchandise) of citizens
of the United Stales dying abroad ;, plaster of
I’aris, ungruund; platina, unmanufactured ;
sheathing copper, but no copper to be consider
ed such, and admitted free, except in sheets of
forty-eight inches long and fourteen inches wide,
and weighing from fourteen to thirty-four oun
ces the square font; sheathing metal; sneci
inens of natural history, mineralogy, or botany ;
trees, shrubs, bulbs, plants, und roots, not oth
erwise provided for • wearing apparel in actual
use, and oilier personal eff.-cls not merchandise,
professional books, implements, instruments,
and tools of trade, occupation, or- employment,
of persons arriving in the United States : Pro
vided, That this exemption shall not be con
strued to include michineryor other articles
imported for use in any manufacturing es'.ab •
lisnment, or for gain
Approved, July 30, 1846.
From the Pennsylvanian.
Charles Brown.
The electioi of this favorite and fearless
champion ol Democracy, as the Represen
tative from the 3.1 Congressional District, is
everywhere greeted with pride and pleasure
bv the Democrats. lie fought the fight
with boldness and decision—blinking none
ol the great issues of the canyass, but meet
ing th in all without reserve. On the ques
tion of the Tariff ho was careful not to be
misunderstood ; and we venture to s-ny, there
is not a voter in the 3d District, who cared
tit all for that subject, who can say that he
was deceived by (Jhas. Bkown. The whigs
cannot snv that lie was elected in favor of
the dead Tariff of 1642. His election, un
der such circumstances, and in spite of the
unscrupulous means taken to defeat him, is
indeed a triumph. In a district that g ive a
majority of more than eleven hundred votes
against us two years ago.' Mr. Brown is now
chosen by over five hundred—making a dif
ference of nearly sixeeen hundred votes in
our favor—n fact no less creditable to him,
than to the intelligent and indomitably De
mocracy of the NorthernLiberties andSprmg
Garden.
DECISIONS OF JUNE TERM, ltJIG,
SUPREME COURT OF ALABAMA.
IIrported for the Journal and Flag.
MARSH, vs. THI’, BRANCH BANK OF j
MOBILE.
Mobile Circuit Court.
P. Philmi’s, for appellant.
Lesesnk for the appellee.
COLLIER. C. J.
1. Where the Circuit court announces llmi
iho criminal docket will be taken up on :
n certain dav, and that until it is disposed I
of no civil business will he called :—
Such announcement is not a license to
witnesses in civil causes to withdraw their
attendance for the residue of the term,
or until some future day in the term. The
mandate of the Subpoena requires them
to be present from day to day until they
are discharged.
2. If parties litigant desire to be relieved
from the payment of the costs, they must
excuse their witnesses from attending/
3. Tun certificate of the clerk of the atten
dance of n witness, isprimafacie evidence
of ns correctness, but it is competent for
the party nt whose instance he was sum
moiled to show the reverse.
4. It is the duty of courts to supervise the
thn taxation of costs by their ministerial
officers, and they are invest! d with nm
ple powers for this purpose ; which can
not he impaired by the tact that a witness
has received a certificate from the clerk
according to the provisions of the stat
ute.
5. It is the duty of the clerk to issue a sub
poena for ti witness to each succeeding
term, where it has been once directed by
a party, until the order is countermand
ed ; und it is the corresponding duty of
the witness to attend until discharged.
Judgment reversed,—the cuuse to bo re
manded it desired.
JAMES W. WALLIS, vs. RHEA &.
UOSS.
Pickens County Court,
S. P. Rich, for the |>Liintill' in error.
Wm. Cochran, lor defendant.
COLLIER. C. J.
1. General objections to a deposition may
be promptly disregarded by the Court.
12 On a trial ol tile right of property, n
claimant under a deed of trust may show,
lluu plaiutills in execution were informed
of the existence ot the deed before tjje
time prescribed lur its registration, and
thus obviate an objection to its registra
tion.
Reversed and remanded.
GEORGE I). SHORTRIDGE, vs. WAI.
EASLEY, ADAl’R. &c.
Talladega Orphan's Court.
F. W. Bowbon, for plaintiff in error.
W. P. Chilton, for defendant. *
COLLIER, C. J.
1. Where a claim is filed against the es.
tale of a deceased person within six months
after it shall have been declared insol
vent, the affidavit of the claimant to the
justice of the claim need riot then be made,
but may be afterwnrds supplied.
2- Whatever muy have been thu common
law right of an administrator to retain
from tire assets ol the estate to puy a debt
duo himself in case of insolvency ;—the
act of this state takes away all pretence
lor the right of retention, where the estate
both real and personal is insufficient lo
pay all just ibibls.
Reversed and remanded.
CREAGI1 As FOR WOOD. vs. SAVAGE.
Circuit Court of Clarke.
Hopkins, for the plaintiff in error
Hiinly Puck, contra.
ORMOND, J.
1. A party complaining of error in the judg
rnent of the primary court must present
it distinctly upon the record: and in
doubtful cases every reasonable presump
tion end intendment will be made in fuvor
of the judgment of the court.
2. A trustee by bis purchnse u! his own sale,
takes u defeasible estate, subject to tie di
vested at tbo election of the cestui que
trust; and there is no reason for a more
rigorous rule when tbo sliertir purchases
n! bis own sale, in either case the pur
chaser takes a title which may he digest
ed, au J the property again sold at the in
stance of any otto interested. In the
case of a sherifftliis may he done til a
a .summary way by motion to the court.
3. Seeble, that in Kentucky where a dif
ferent rule prevails, a purchase by the
Sheriff at his own sale is forbidden by
statute.
4. Scmblc, that tliesmnmary remedy is con
fined to the suit, and that creditors of the
defendant may have relief in equity.
5. Whether such relief can he bad by cred
itors at large, or whether it is confined to
judgment creditors. Quere f
Judgment affirmed.
I
IIAIR,ET AL. vs. MATTHEW L.A
BROU3SR.
Greene Chancery.
IIaib anti Baldwin, for the plaintiffs in
error.
Mubphv. contra.
ORMOND, J.
1. Where parties enter into a contract and
reduce its stipulations to writing, the
written memorial of the contract is the
sole expositor of its terms, which cannot
he varied by parol testimony, unless it lie
clearly made to appear, that by mistake
it does not speak the true intent of the
parties ; or unb'ss the party has been in
duced to enter into it, bv the fraudulent
representations of the other.
2. Where the auctioneer at a public sale, af
ter the commencement of the sale, pro
poses with the approbation of the vendors,
to take depreciated hank notes in pay
ment of property sold ; but the published
terms ol the sale demanded cash, and it
was doubtful whether any effect was pro
duced by tho statement in enhancing the
price of the property sold, and notes wese
afterwards executed by a purchaser pay.
aide in money ;—held, lhat this is not a
sufficient ground in equity for enjoining
the collection <5fthe notes.
t. Where the representations relied on to
avoid the contract, do not relate to the
nrlielo sold, but to the medium of pay
ment, a plain and direct offer is made to
vary the ter.ns of the written contract by
parol evidence, [t may well be doubled
whether this can be done in any possible
state of the ense, but. it seems, it should
nt least appear, that when the contract
was consummated, by being reduced to
writing, some promise or inducement was
held out, that it should not he literally
enforced according to its terms, hut ac
cording to an understanding then entered
into different from it.
Decree reversed and bill dismissed.
U M. McGEHEE, F.T AL. vs. WILLIAM
DOUGHERTY.
From the Court of Chancery, Sixteenth Dis.
trict.
A. J. Walker and McLester, fpr plain
tiffs in error.
Clarke, for the defendant in error.
GOLDTH WAITE, J.
1. Chancery has no jurisdiction of n bill by
one of several partners to whom a balance
is owing on the final settlement and stute
ment of the accounts, to decree him his
separate proportion. If a settlement is
the object ol the hi!', nil the partners
should be joined, but tho one partner can
only sue at law fot his ascertained bal
ance. #
2. The transfer of a chose in action, which
tho original holder could sue for nt law,
will not of itself invest a court of equity,
with the right to entertain jurisdiction for
the demand.
Reversed und remanded.
BEN I N. VVALLEIl. ET |AL. vs GIBBS
& la buz an.
Error to the Court of Chancery, Twenty
first District.
Metcalf, fur the plaintiffs in error.
II. J. Tiiohnton, contra..
GOLD I'll WAITE, J.
1. Where n witness ultimately liable to I ho
defendant, is examined by him previous
to his answering the bill and the witness .
is afterwards made n-pnrty defendant, his !
depositio i may ho rend by the complain
ant, iljjthe lads to entitle the complainant
totheicliel sought, are admitted by the
answer of the new parly ; under such
circumstances be is n competent witness
lor the complainant, nod Ins deposition
will not be rejected because taken without
the orderjof court, or previously to bis be*
ing made « party.
2. Where the parties befbro answer, con
sent that one set of depositions, although
taken in different suits involving the same
question, may be read in all the suits, it is
competent lor ti e complainant to rend
the-evidence although taken by the de
fendant, but crossed by the other party.
Affirmed.
From the Spirit of the Times.
A Hsirkwoods Jury*
My dear "Spirit.'’—One of your corres
pondents a fow weeks ago gave an amusing
description of un Arkansas Court scene,
where n certain pig sn aler wag summoned
to answer for coveting Ids neighbor's liog's
It reminded me of a case described to me
by a legal gentleman some years since, as
having occurred in the same Stule, indica
tive of the intelligaice of a Backwoods Ju
ry.
It appears that a character in those parts,
notorious not for the most enviublu and rig
id system of morals, was indicted, imprison
ed, and about to bo tried for stealing certain
smoked bog—better known as “bacon.”—
Judge U-, eminent as a lawyer,
(since a senator in Congress.) happened at ■
the same time to liavc business in the same
court, and at the urgent request of the un
fortunate victim of the luw, lie was induced
10 visit him in the j lil.
After a short dialogue, the judge was re
quested to act as his counsel—n fee ol $’>0
at the same lime being proffered. Upon
questioning the man, Judge B—— found
that—1st- He had stolen the hucon. 2d.
That several witnesses had seen him in the
act, who were summoned to give testimony
ngnitist him ; and ,3d. That u portion of
tho bacon was found in his actual posses*
sioit. Under these circumstances, Judge
13.-declined taking the fee, saying
that he could not do any thing for him, ami
that his conviction was certain.
Prisoner—“But, Judge, l want you to get
up and talk to ’em.*'
Judge—“It would do you no good, my
man—the testimony cannot fail tu convict
you. 1 cannot, conscientiously, take your
money.
Prisom r.—“That’s my look out, Judge;
all ! want of you is to get up and tuik to
'em.”
The Judge, thus pressed, told tho man
that he would undertake his defence, but that
tl would be entirely lutile.
The cause came up on the next day.
The witnesses swore point blank to the iden
tity of the prisoner—his stealing mid posses,
sion of tile bacon. Judge I!-.accor
ding to promise, got up and addressed the
Jury, ‘‘talking to them” in a way anything
rather than tu ihe purpose, foi about fifteen
minutes; and the case went to the Jury.
What was his astonishment when they—
without leaving the box—brought in the
prisoner—‘ not guilty /” IIu was,of course,
immediately liberated*
Judge B-.taking him aside, said—
"Well, my man, whutcan have induced the
Jury to bring in such a verdict, is entirely
hevond my comprehension—how, with
such testimony, they could bring you in
“not guilty,” is utterly unaccountable to
me.”
“Judge,” said the ic’eased culprit, with a
knowing wink, “eight of emhad some of the
bacon
The rascal Inew perfectly well that the
eoursel wou d shelter the jury i t I ringing
in a verdict for the party for whom he
might aci-a
The Letters of Mrs. M vers.■•-Although
the public cum m does not set that way,
we confess that our heart (deeds for tho
poor outcast, whose confidence has been
betrayed in the publication of these sacred
evidences of a most misplaced affection.
We acknowledge the right of the com.
munity to demand them, under jhe cir
cumstances; hut tve do not doubt the cor.
redness ol the position which gave them
this right. We can understand the feelings
which induced the injured husband to ins
tercept the letters of a gftilty wife, and to
use those letters to justify the commission
of tho crime lint was forced upon him;
but there are other letters introduced by
other parties, that certainly do not stand on
the same footing. To rifle the desk of tho
unfortunate Hoyt, and expose to the public
gaze those tokens of affection, that if lie
had a spark of hotter in Itis sool, he would
have guarded w ith more rare than'life it
self, teems to us little belter than invading
the sanctuary of (he grave and robing it of
its holiest relice.
From the Richmond Timet,
With regard to Mr. Hoyt, it is but dua
to him now that lie is no more, to shy tlmt
lie had lived in this city many years, and
was remarkable for the regularity of bis
Inhits and freedom from difficulty or dis
agreement with bis fellow men. Though
reserved, he was polite and bland in his
deportment ; and although from his man*
tier, lie reasonably enough inny net have
had m.-rny attached fiiends, he had not an
enemy that we I now of. He was remark
able for his dress-—always appearing in the
extremes! fashion, and his tastes were pe
culiar; strikingly exhibited in the furniture
and decoration of his room- Up to the
time of the ailedged discovery of the im
proper intimacy, which led 10 his untimely
death, few men lived of whom less (bat
was unfavorable could be said. If in that,
ns we shall soon know, ho was guilty, ho
was guilty of a heinous, and under the cir
cumstances a peculiuily aggravated crime,
which he has expiated with his life. Upon
the developments lu be made in court, rests
the proof of tho extent of his criminality,
while they too must exhibit what there is
in mitigation of tho extreme vengeance
wreaked upon him.
The funeral services of the Episcopal
Church were read for the deceased Satur
day evening at 4 o’clock, at the Exchange,
hy the Rev. Mr. Norwood, The scene was
impressive. The deceased’s brother.in Inw
and,sister wore present. The latter had
come from New York to see him die ; sho
came, too late to be recognized by him.
Her extreme distress enlisted the earnest
sympathy of nil present. It is intended to
convey the remains of Mr. lloyt to New
York for interment.
.Gen. DufT Greene has pub i,l,ed an arti
cle in the Union, which presents a novel, but
no doubt in some extent a practical, plan,
for the payment of mail transportation on
Rail Roads, which whilst it promises to da
crease the cost to the General Government
will afford large facilities, to rail roads not
yet completed to extend their works- Ths
following paragraphs contain the gi-lof his
proposition,
“I propose that Congress shall authorize
contracts to be made with railroad compa
nies fur the transportation of the mails, and
troops, and munitions of war, and that, in
stead of pacing thtyii quarterly, as now, a
fair equivalent fur the service, in perpetuty
or for u given series of years, in govern
ment five per cent, bonds should be paid
in udvance; reserving in all cases, a prior
lien upon the railroads thus employed, wiiii
proper guards und securities to guaranty a
faithful porfo rnmnce. The present payments
to railroads und steumhouts is about 500,000
dollars per annum. By way of illustration,
we will assume that the payment to rail
roads is S300,000. This is equal to five
per cent, on ten millions of dollars, and the
$500,000 now paid to these railroad com.
puriios would pay the interest upon £ 10.000,.
000. It matters not to the department
whether that sum is paid ns the cost of
transportation, or as the interest on the
sum received in payment for transporta
tion.
But when wo take into consideration the
large stuns already expended in construc
tion of railroads, their connexion with each
other, the increased profits which would ac.
crue upon all by the completion of the un
finished roads, and that many of these aru
in the south and west, where the cost of con.
struction is but little, and that upon some of
them large sums have been already expen
ded, it is apparent that the proposed advance
would tend to the immediate completion of
many of these unfinished roads, and bring
into use from one to two thousand miles more
of railroad. It follows that the ruilroad
companies, in consequence of ills aid thus
I given them, could afford, and they, no doubt,
would consent to make the contracts so
much bel >w tho present charge, as to ere.
ate a sinking lund out of the present expen.
dilure, which, in fifteen years would dia.
charge the principal, and thus relieve the
department from the payment interest,
and give to the government the use of such
roads, fbrever thereafter, free of any charge
whatever."
Itiiil Uoud /tociduitl.
A serious accident occurred on the Jack
son and Vickshurg Kail Rond, on Friday
Iasi, We take ilie following |>nrticuiars from
the Sentinel ol (lie 10th inst :
We regret to have to record a serious ae
cidrtit on our Rad Road. On Friday eve
ning last, as n train ot burthen Cara was
coming in from Jackson, the high btidge four
miles Irom this place gave wav, precipila'
ting the whole train to the bottom with a
crash. One Negro man was killed, a mth.
er had several limbs broken ; and the En
gineer, Mr. Downing, had one of lea legs
broken. There were shout 300 bales of
cotton on the Cars, at the time of tha ca
I tastrophe.—Uissitjijfian.