State journal & flag. [volume], November 13, 1846, Image 1

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

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

                
OLD SERIES, VOL. XU.
CITY OF TUSCALOOSA, ALA., FRIDAY, NOV. 13. 184G.
NEW SERIES—VOL 3-NO. 62
JOHN JI'COHNICK.SIATi: PRINTEIC,
FLAG OF THE UNION,
Established July 4, 1833.
STATE JOURNAL It FLAG OF THE UNION,
United November 9,1943.
BY AUTHORITY.
LAWS OF THE UNITED STATES, FASSE1I AT THE FIRST
SESSION OF THE TWENTY NINTH CON'IRESS.
Public.—No. 82.
AN ACT to define the boundaries ot the State
of Iowa, and to repeal so much of tne act of
the third of March, one thousand eight hun
dred and forty-five,aa relates to the boundaries
of Iowa.
[Src. I.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That the following shall be, and they are here
by declared to be, the boundaries of the State
of Iowa, in lieu ot those prescribed by the sec
ond section of the net of the third of March,
eighteen hundred and forty five, entitled “An
act for the admission of the States of Iowa and
Florida into the Union/1 viz : Beginning in the
middle of the main channel of the Mississippi
river, at a point due east of the middle of the
mouth of the main channel of the Des Moines
river ; thence, up the middle of the main chan
nel of the said Des Moines river, to a point on
said river where the northern boundary lino of
the State of Miseouri, as established by the
constitution of that State, adopted June twelfth,
eighteen hundred and twenty, crosses the said
middle of the main channel of the said Des
Moines river; thence, wcswardly, along the
said northern boundary line of the State of Mis
souri, as established at the time aforesaid, un
til an extension of said line intersect the mid
dle of the "main channel of the Missouri river;
thence, up the middle of the main channel of
the said Missouri river, to a point opposite the
middle of the main channel of the Big Sioux
river, according to Nicollet’s map ; thence, up
the main channel of the said Big Sious river,
according to said map, until it is intersected
by the parallel of forty-three degrees and thirty
minutes north latitude ; thence tact, along said
parallel of forty-three degrees and thirty min
u'es, until said parallel intersect the middle of
the mam channel of the Mississippi river ;
thence, down the middle of the main channel
of said Mississippi river, to the plucc of begin
ntnj?.
Sec. 2. And be it further enacted. That the
question which has heretofore been the subject,
matter of controversy and dispute between the
State ot Missouri and the Territory of Iowa,
respecting the precise location of the northern
boundary line of the State of Missouri, shall be,
and the same is hereby, referred to the Supremo
Court of the United States for adjudication and
settlement, in accordance with the act of the
Legislature of Missouri, approved March twen
ty-five, eighteen hundred ar.d forty-five, and the
memorial of the Council and House of Repre
sentatives of tho T erritory of Iowa, approved
January seventeen, eighteen hundred and forty
six, by which both parties have agreed to ‘the
commencement and speedy determination ot
such suit as may bo necessary to procure a final
decision by the Supreme Court of thu United
States upon the true location of the northern
boundary of that Stateand the said Supreme
Court is hereby invested with all the power and
authority necessary to the performance of the
duty imposed hy this section.
Sec. 3. jind be it further enacted, That, until
the next census and apportionment shall bo
made, the State of Iowa shall be entitled to two
Representatives in the House of Representa
tives of the United States,
Sec. 4. And b: it farther enacted, That so
much of the act of the third of March, eighteen
hundred and forty-five, entitled “An act for
the admission of the States ot Iowa and Flor
ida into the Union,” relating to the aaid Slate
of Iowa, as is inconsistent with the provisions
of this act, be and the same is hereby repeal
ed.
Approved, August 4, 1846.
Public—No. 81.
AN ACT to establish a warehousing system,
and to amend an act entitled "An act to pio
vide revenue from imports, and to change
and modify existing laws imposing duties on
imports, and for other purposes.”
[Sec. l.J Be it enacted, by the Senate
and House of Representatives of the United
States of America in Congress assembled.
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,” ap
proved the thirtieth day of August, one thousand
eight hundred and torty-twn, is hereby amend
ed so as hereafter to read as follows:—[Sec.
12.] And be it further enacted, That, on and
after the day this act goes into operation, the
duties on all imported goods, wares, or mer
chandise Bhall be paid in cash: Provided. That
in all eases of failure or neglect 10 pay the du
ties within the period allowed by law to the
importer to make entry thereof, or whenever
the owner, importer, or consignee shall make
entry for warehousing tho same, in writing, in
such form and supported by such proof ss shall
■be prescribed by the Secretary ofthe Tieasury,
the said goods, w ares, or merchandise shall be
taken possession of by tho collector, and depos
ited in the public stores, or in other stores to
be agreed on by the collector or chief revenue
officer of the port and the importer, owner, or
consignee, tho said stores to be secured in the
manner provided for by the first section of the
act of the twentieth day of April, one thousand
eight hundred and eighteen, entitled "An act
providing for the deposits of wines and distilled
spirits in public warehouses, and for other pur
poses,” there to be kept with due and reasona
ble care, at the charge and risk of the owner,
importer, consignee, or agent, and uubject at all
times to their order, upon payment of the prop.
«r duties and expenses, to be ascertained on due
entry thereof for warehousing, and to be secur
ed by a bond of the owner, importer, or con.
eignee, with surety or sure:ies, to the satisfac
tion ofthe collector, in double the amount of the
■aid duties, and in such form as the Secretary
of the Treasury shall prescribe : Provided, That
no merchandise shall be withdrawn from any
warehouse in which it may bo deposited, in a less
quantity than in an entire package, bale, cask,
or box, unless in bulk ; nor shall merchandise
oo imported in bulk be delivered, except in the
whole quantity ot each parcel, or in a quantily
not leas than one ton weight, unless by special
authority of the Secretary ofthe Treasury. And
in case the owner, importer, consignee, or ageri
of any goods on which the duties have not beer
paid, snail gire to the collector satisfactory te.
curity that the said goods shall be landed out
of the jurisdiction ot the United States, in the
manner now required by existing laws relating
to exportations for the benefit of drawback, the
collector and naval officer, if any, on an entry
to re export the same, shall, upon payment of
the appropriate expenses, permit the said goods,
i tinder the inspection of the proper officers, to be
I shipped without the payment of any duties
thereon. And in case any goods, wares, or
merchandise, deposited as aforesaid.shall remain
in public store beyond one year, without pay
ment of the duties and charges thereon, then
snid goods, wares, or merchandise shall be ap
praised by the appraisers of the United Slates,
if there beany at such port, and if none, then
by two merchants to be designated and sworn
by the collector for that purpose, and sold by the
collector at public auction, on due public notice
thereof being first given, in the manner and
for the lime to be prescribed by a general regu.
lation ofthe Treasury Department ; and at said
public sale, distinct printed catalogues descrip
tive of said goods, wilh the appraised value af
fixed thereto, shall be distributed among the
persons present at said sale ; and a reasonable
opportunity shall be given before such sale, to
persons desirous of purchasing, to Inspect the
quality of such goods ; and the proceeds of said
sales, after deducting the usual rate of storage
at the port in question, with all other charges
and expenses, including duties, shall be paid
over to tile owner, importer, consignee, or agent,
and proper receipts taken for the same : Prod
ded, That the overplus, if any there be, of the
proceeds of such sales, after tho payment of
storage charges, expenses, and duties as afore
said, remaining unclaimed for the space of ten
days after such sales, shall be paid by the col
lector into the Treasury of the United Stales ;
and the said collector shall transmit to the Trea
sury Department, with the sain overplus, a copy
ofthe inventory, appraisement, and account of
sa es, specifying the marks, numbers, and dea
criptions ofthe packages sold, their contents,
and appraised value, the name ofthe vessel and
master in which, and of the port or place whence
they were imported, and the time when, and
the name of the person or persona to whom
said goods were consigned in the manifest, and
the dutwe and charges to which the several
consignments were respectively subject; and
the receipt or certificate of the collector shall ex
onerate tire master or person having charge or
command of any ship or vessel, in which said
goods, wares, or merchandise were imported,
from oil claim of the owner or owners thereof,
who shall, nevertheless, on due proofof their in
terests, be entitled to receive from the treasury
the amount of any overplus paid into the same
under the provisions of this act ; Provided,
Tuat so much of the fifty-sixth seclion or the
general collection law of the second of March,
seventeen hundred and ninety-nine, and the thir
teenth section of the act of the thirtieth of Au
gust, eighteen hundred and forty-two, to pro
vide revenue from imports, and to change and
modify existing laws imposing duties on imports,
and for other purposes, as conflicts with the pro
visions of this act, shall be, and Is hereby, re
pealed, excepting that nothing contained in this
act shall be construed to extend the time now
prescribed by law for selling unclaimed goods:
Provided, ulso, That all goods of a perishable
nature, and ell gunpowder, fire-crackers, and
explosive substances,deposited as aforesaid, shall
\ bo sold forthwith.
Sec. 2. And be it further enacted. That any
goods, when deposited in the public stores in
the manner provided for in the foregoing sec
[ tion, may be withdrawn thcrefiom and trans
ported to any other port of entry under the res
trictions provided for in the act of the second
of March, seventeen hundred and ninety-nine,
I in reaped to the transportation of goods, wares,
, and merchandise from one collection district to
another, to be exported with the benefit of draw
back ; and the owner of such goods so to be
withdrawn for transportation shall give Ilia bond,
with sufficient sun ties, in double the amount
I uf the duties chargeable on them, for the de
posit of such goods in store in the port of entry
to which they shall be destined, such bond to
be cancelled when the goods shall be redeposi
ted in store in tho collection district to which
they shall be transported : Provided, That noth
ing contained in this section shall be construed
to extend the time during which goods may be
kept in store, after their original importation and
j entry, beyond the term of one year,
j Sec. it. And be it further enacted, That if
i any warehoused goods shall be fraudulently con
j cealed in or removed from any public or private
i warehouse the same shall be forfeited to the
; United Slates; and all persons convicted of
; fraudulently concealing or removing such goods,
or of aiding or abetting such concealment or re
moval, shall bo liable to the same penalties
which ate now imposed for the fraudulent in
troduction of goods into the United States ; and
if any importer or proprietor of any warehoused
goods, or any person .n his employ, shall by any
| contrivance fraudulently open the warehouse,
I ot shall gain access to the goods except in the
j presence of the proper officer of the customs,
! acting in the execution of his duty, such impor
ter or proprietor shall forfeit and pay for every
i such offence one thousand dollars. And any
person convicted of altering, defacing, or oblit
erating any mark or marks which have been pla
ced by any officer of the revenue on any pack
age or packages of warehoused goods shall for
feit and pay for every aucli offence five hundred
dollars.
Sec. 4- ,1ndbe it further enacted. That the
collectors oF the several ports of tho United
States shall m .ke quarterly reports to the Sec
retary of the Treasury, according to sucji gen
eral instructions as the said Secretary may
give, of all goods which remain in the ware
houses of their respective ports, specifying the
quantity and description of the tame; which
returns, or tables formed thereon, the Secretary
of the Treasury shall forthwith cause to be pub.
lished in the principal papers of the city of
Washington.
Sec. 5. And be it f irther enacted. That the
Secretary of tho Trea-ury be and he is hereby
authorized to make, from time to time, such
regulations, not inconsistent wirh the laws of
the United States, as may be necessary to give
full effect to the provisions of this act, and se
cure a just accountability under the same. And
it shall be thedutv the Secretary to report such
regulations to each succeeding session of C on
gress.
Approved, August 6, 1646.
Public.—No. 85.
AN ACT to repeal an act entitled ‘‘An act for
the relief of the Stockbridge tribe of Indians
in the Territory of Wisconsin,” approved
March third, eighteen hundred and forty
three, and for other purposes.
[Sf.c. 1.] lie it enacted, by the Senate
and House of llepresentalines of the United
States of America in Congress assembled.
That the act entitled “An act fur the relief of
the Stnckbridge tribe of Indians in the Territory
of Wisconsin,” approved March third, eighteen
hundred and forty-three, be and the same is
hereby repealed ; and the said Stockbridge tribe
or nation of Indians is restored to their ancient
form of government, with all powers, rights, and
privileges held and exercised by them under
their customs and usages, as fully and com
pletely as though the above recited act had
never passed,
Sec. 2. And be it further enacted. That tho
sub agent of Indian affair? at Green Bay, under
(he direction of the Governorof Wisconsin, who
shall be a commissioner for this purpose, shall
be required lo open a book for the enrolment of
the names of such persons of the StockOridge
tribe of Indians as shall desire to become and
remain citizens of the United States, immedi
ately upon the passage of .this law ; and three
months shall be allowed after the opening of
said books fertile enrolment, within which time
it shall be tho duty of atl desiring citizenship
to come forward in person, and file their appli
cation. After the expiration of the three months,
the said sub-agent shall divide the said town
ship of land now held by the Stockbridges on
the Winnebago lake into two districts, to be
known and designated as the Indian district and
the citizen district, according to the strength
and numbers of their respective parties, and the
laws and usages in said tribe. The lands in
the Indian district are to remain and to be hold
ill common ; those in the citizen district are to
be divided ; and to each Indian who becomes a
citizen the said snb-agnnt shall assign, by dis->
linct metes and bounds, his ratable proportion
of land. And, after the division and allotment
are completed, it shall be the duty of the said
sub-agent to make out three copies of the divi
sions thus made, one of which he shall file with
tho clerk of the diatriot court of the county in
which the citizen district ot land may be situa
ted ; one other copy he shall file in the land of
fice at Green Bay, in Wisconsin Territory;
and the other shall be returned lo the Secretary
of War. And, upon Hie receipt of the said
return by the Secretary of War, patents may be
issued to the individual reserves who become
citizens, upon the receipt of which a title in fee
simple to the lot of land shall vest in the paten
tee ; and all transfers and assignments of the
land made previous to the issuance of i he patent
shall be null and void: Provided, however,
That those Indians who become citizens shall
forfeit all right to receive any portion of the an
nuity which may now be or may become due
the nation of 8tockbridges, by virtue of any trea
ty heretofore entered into by this Government
with said Stockbridges.
Sec. 3. And be it further enacted, That, in
consideration of the moneys paid by said Stock
bridge nation ot Indians to the Winnebagocs
and Menomonies in the years eighteen hundred
and twenty-one and ei.hteen hundred und
twenty-two, and all other claims, the sum of
five thousand dollars be paid to said tribe of In
dians by the Secretary of War, and for this pur
pose the said sum of five thousand dollars be
and the same is hereby appropriated out of anv
money in the Treasury not otherwise appropri
ated : Provided That nothing in this act contain
ed shall be construed to impair any claim which
said nation may have upon the Delaware nation
to a share of the lands assigned to them west
of the Missouri river.
Approved, August 0, 1810.
1'UBLIC.—No. 89.
AN ACT to enable the people of Wisconsin
Territory to form a constitution and State
Government, nnd for the admission of such
State into the Union.
[Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
Stales of America in Congress assembled,
That the people of the Terriiory of Wisconsin
be and they are hereby authorized lo forma
Constitution and Stale Government, for the pur
pose of being admitted into the Union on an
equal footing with the original Slates in all res
pects whatsoever, by the name ot the State of
Wisconsin, with (he following boundaries, to
wit: Beginning at tho northeast corner of the
State of Illinois—that is to sav, at a point in
the centre of Like Michigan where the line of
forty—two degrees and thirty minutes of north
latitude crosses the same ; thence, running with
the boundary line of the State of Miclngnn,
through Lake Michigan, Green Bay, to the
mouth of the Menonionie river; thence up the
channel of said river to the Brule river ; thence
up eaid last mentioned river to Lake Brule ;
thence along the southern shore of Lake Brule
in a direct line to the centre of the channel be
tween Middle and South islands, in the Lake
of the Desert; thence in a direct line to the
head-waters of the Momreal river, as marked
upon the survey made by Captain Crainrn;
thence down the main channel of the Montreal
river, to the middle of Lake Superior ; thence
through the centre of Lake Superior to the
mouth of the St. Lewis river; thence up the
main channel of said river to the first rapids in
the same, above the Indian village, according to
Nicollet’s map; thence due south lo the main
branch of the river St. Croix ; thence down the
main channel of said river to the Mississippi ;
thence down the centre of the main channel of
that river to the north-west corner of the State
of Illinois; thence due cast with the northern
boundary of the State of Illinois to the place of
beginning, as established by “An act to enable
the people of the Illinois Territoty to form a
Constitution and State Government, and for the
admission ff such State into the Union on an
equal footing with the original States,” appro
ved April eighteen, eighteen hundred and eigh
teen.
Pec. 2. And be it further enacted, That, to
prevent all disputes in reference to the juris
diction of islands in the said Brule and Meno
monie rivers, the line be so run as to include
within the jurisdiction of Michigan all the is
lands in the Brule and Menonionie rivers, (to
the extent in which said rivers are adopted as
a boundary,) down to, and inclusive of, the
Qtiinnescc falls of the Menonionie ; and from
thence the line shall be so rim ns to include
within the jurisdiction of Wisconsin all the
islands in the Menonionie river, from the falL
aforesaid down to the junction of eaid river wnh
Green Bay: Provided. That the adjustment of
boundary, as fixed in this act, between Wis
cousin and Michigan shall not be binding on
Congress unless the same shall be ratified by
the State of Michigan on or before the first day
of June, one thousand eight hundied and forty
tight.
bEC. o. Jnd be 11 further enacted, That the
said State of Wisconsin shall have concurrent
jurisdiction on the Mississippi, and all other
rivers and waters uoidering on the said State
of Wisconsin, so far as the same shall form a
common boundary to said S ate and any other
State or States new or hereafter to be formed
or bounded by the same; and said river and
waters, and the navigable waters leading into
the tame, shall be common highways, and for
ever tree, as well to the inhabitants of said State,
as to all other citizens of the United States
without any tax, duty, impost, nr toll therefor.
Sec. 4. jtnd be it further enacted, That from
and after the admission of the State of Wiscon
sin into the Union, in pursuance of this act,
the laws ol the United States, which are not
locally inapplicable, shall have the same force
and effect within the btate of Wisconsin as
elsewhere within the United States; and said
State shall constitute one district, and be called
the district of Wisconsin; and a district court
shall be held therein, to consist of one judge,
who shall reside in the said district and be call
cd a district jod^o. He shall hold at the seat
or government of said State two sessions of said
court annually, on the first Mondays in January
.and July, aud he shall in all things have and
exercise the same jurisdiction and powers which
were by law given to the judge of the Kentucky
district, undor an act entitled “An act to estab
lish the judicial courts of the United States.”
He ahull appoint a clerk for said district, who
shall reside and keep the records of said court
at the place of holding the same ; and shall re
ceive for the services performed by him the
same fees to which the clerk of the Kentucky
district is by law entitled for similar services.
There shall be allowed to the judge of said dis
trict court the annual compensation of fifteen
hundred dollars, to commence from the date of
his appointment, to be paid quarterly at the
t reasury of the United States.
Sac. 5. And be it further enacted. That there
shall be appointed in said district a person learn- ;
ed til the law to act as attorney of the United
States, who, in addition to tile slated foes, shall
be paid tho sum of two hundred dollars annually
by the United Slates, as a full compensation lor
all extra services ; the said payment to be made
quarterly at the Treasury of the United States.
And there shall also be appointed a marshal for
said district, whu sha.'> perform the same duties,
be subject to the same regulations and penalties,
and be entitled to the same fees, as are pres
cribed and allowed to marshals in other districts,
and shall, moreover, be allowed the sum of two
hundred dollars annually as a compensation for
all extra services.
Sec. 6. And be it further enacted. That, until
another census shall be taken and apportion-*
m, nt made, the State of Wisconsin shall be en
titled to two Representatives in tho Congress of
the United States.
Skc. 7. And be it further enacted, That tho |
follrwing propositions are hereby submitted to |
the convention which shall assemble for the pur- \
pose of forming a constitution for the State cf
Wisconsin, for acceptance or rejection ; and if
accepted by said convention, and ratified by an
ariicle in said constilution, they shall be oblig
atory on the United States:
First. 1 hat section numbered sixteen, in eve
ry township of the public lands in said State,
and, where such section has been sold or other
wise disposed of, other lands equivalent thereto,
and as contiguous as may be, shall be granted
to said State for the use of schools.
Second. That the seventy-two sections or
two entire townships of land set apart and re
served for the use soil support of a university by
an act of Congress, approved on the twelfth day
of June, eighteen hundred and thirty-eight, enti
tled “An act concerning a seminary of learning ,
in the Territory of Wiscor.sin,!’ are hereby j
granted and conveyed to the State, to be ap- j
propriated solely to the use and support of such I
university, in such manner us the Legislature i
may prescribe.
i liiru. J hut ten entire sections ot land, to no
selected and loraled unilcr the direction of tho ■
Legislature, in legal divisions ol not less than
one quarter section, from any of the unappro
priated lands belonging to the United States j
within the said Stale, are hereby granted to the j
said Slate, for the purpose of completing the
public buildings of the said State, or for the
erection of others at the seat of government, un
der the direction of thn Legislature thereof.
Fourth. That all salt springs within said
State, not exceeding twelve in number, with six
sections of land adjoining, or ns contiguous as
may be to each, shall be granted to the Slate
for its use ; the same to be selected by the Legis
lature thereof within one year after the admis
lion of said State ; and when so selected, to be
used or disposed of or. such terms, conditions,
and regulations as the Legislature shall direct;
rrovtded, That no salt spring or land, the right
thereof is now vested in any indiviual or indivi
duals, or which may hereafter bo confirmed or
adjudged to any individual or individuals, shall,
by this section, be granted to said Stale.
Fifth. That five per tent, of the nett pro
ceeds of sales of all public lands lying within
the said State, which have been or shall be sold
by Congress, from and after the admission of
said State into the Union, after deducting all the
expenses incident to the same, shall be paid to
the said Stale for the purpose of making public
roads and canals in the same, as the Legislature
shall direct: Provided, Tlmtllieforegoing propo
sitions herein offered are on the conditions that !
the said convention which shall form theconsti I
tutinn of said Slate shall provide by a clause in
said constitution, or an ordinance, irrevocable
without the consent of the United Stales, that
said State shall never interfere with the prima
ry disposal of the soil within the same by the
United States, nor with any regulaiioile Con
gress may find necessary for securing the title
in such soil to bona fide purchasers thereof;
and that no fax shall be imposed on lauds the
property ot the United Stales ; and that in no
case ahull non-resident proprietor be taxed high
er than residents.
Approved August 6, 1846^
Public.—No. 101.
AN ACT to provide for the more effectual
publication of the laws of the United States.
(Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
That the twenty-first auction of the act entitled
“An act legalizing and making appropriations
for such necessary objects as huve usually been
included in the general appropriatioi^ills, with
out authority of law, and to fix and provide for
certain incidental expenses of the Departments
and offices ofthe Government, and for other pur
poses,” approved August twenty-six eighteen
hundred and forty-two, be, and the same is
heieby, repealed.
Sec. 2. And be it further enacted. That so
much of the act entitled “An act to provide for
the publication of the laws of the United Slates,
and for other purposes.” approved April twenti
eth, eighteen hundred and eighteen, as is re
pealed Dy the said twenty-first section, be, and
the same is hereby, revived and continued in
force : Provided, 1 hat the Seen tary for the De
partment ot Slate shall cause the publication
of such laws, resolutions, treaties, and amend
ments, in two cf the newspapers in the District
of Columbia, and in each of the several Slates
and Territories ol the United Stater,and no more.
Approved, August 6, 1845.
Public.—No. 92.
AN ACT to surrender to the Slate of Tennes
see all title the United States have to lands
in Tennessee south and west of the line com
monly called the Congressional reservation
line, and to release to said State the proceeds
of such of said lands as may have been sold
by the State of Tennessee as the agent of
the United States.
iS ec. 1.] Be it enacted by the Senate
House of Representatives of the United
States of America in Congress assembled.
That the United States hereby release and sur
render to the State of Tennessee the right and
title of ihe United Stales to all lands in the
State of Tennessee lying south and west of the
Congressional reservation line in said Stale
which may yet remain unappropriated, and
further release and transfer to said Slate of
Tennessee the proceeds of such of said lands as
may have been sold by said State, not hereto
fore paid over to the United States, nor deposi
ted subject to the order or use of the United
States, under the authority of the act of Con
gress of the eighteenth February, eighteen
hundred and forty-one, entitled “An act to
amend an act entitled A.i act to authorise the
State ot Tennessee to issue grants and perfect
titles to certain lands therein described, and to
settle the claims to the vacant and unappropria
ted lands within the name,’ passed the »'igh.
leenth day of April, one thousand eight hundred
arid sin.” This surrender and transfer is upon
theexpress condition that the State of Tennes
see shall, out of the proceeds of said lands, set
apart and apply fnriy thousand dollars
towards the establishment and support of a col
lege at Jackson, in the county of Madison, in
the State of Tennessee, if the proceeds of the
salesof said lands shall amount toso much ;
and if the aggregate amount of said sales (not
paid over nor deposited as aforesaid) shall not
amount to the said sum, then whatever sum
smaller than forty thousand dollars they may
amount to, in accordance with the provisions
contained in an act of the General Assembly
of said State, passed in the year eighteen hun
dred and thirty-eight, being chapter one hund
red and seven, section ei<l»t, and in accordance
with the desire expressed by said General As
sembly, in their certain memorial to Congress,
passed December four, eighteen hundred and
forty fire : Provided, nevertheless. That, ihc
r- lrase herein provided forlo the said Siate ot
Tennessee of said lamia shall be in full sniis,
faction for any and all services rendered and
ex pauses incurred by said State, or the am hor
iiiee thereof, in the management, disposa'.or
administration of said public lands, and as
agent or agents of the United States, in virtue
of the provisions of the act entitled ‘‘An act to
nnieudan act entitled‘-An act to authorize the
State of Tennessee to issue grants and perfect
titles !o eftrtain lands therein described, and to
settle the claims to the vacant mid unapuropri
ated lands within the same’, passed the eigli
teenlh February, eighteen hundred and lorty
one And, provided, also, ’That all the said
lands tlie release of which is herein provided
for, and the proceeds thereof, shall be and re
main subject to all lha same claims, incumbran
ces, and liabilities in relation to “North Caroli
na land warrants,” or other claims of North
Carolina, as the same would or could be subject
to as regards the United State*, if the same
were not 80 as aforesaid released.
Approved, August 7, 1840,
Tubuc.—No. 94.
AN ACT making appropriations for certain
defensive works of the United States for the
fiscal year ending the thirtieth day of June,
one thousand eight hundred and torty-seven.
| Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
Stales of America in Congress assembled.
That the following sums be, and they are here
by, appropriated, to be paid out of any unappro
priated money in the Treasury, for the preser
vation, repair, and construction of certain forti
fications for tho fiscal year ending the thirtieth
day of June, one thousand eight hundred and
forty-seven.
For the purchase from the State of New
York of the defensive works on Staten Island,
together with the land bought by the State for
the site of said works, with all tho materials on
and about them, and tor repairs of said works
when the title of the State of New York shull
have been extinguished, one hundred thousand
dolors : Provided, That the Executive be, and
he is hereby, authorized to dispose ol the site
and materials of old Fort Gansevoort, and to
apply the proceeds of such sale to the repair of
the works on Staten Island.
For the commencement of batteries on Sol
ler'a I’oint flats, below Baltimore, thirty thous
and dollars.*
Foi the commencement of a fort at the en
trance to Cumberland sound, Georgia, twenty
thuiivand dollars.
For the commencement of a fort on the cast
side of Dauphin Island, Mobile bay, Alabama,
twenty thousand dollars.
Sec. 2. And be it further enacted, That the
President of the United Slates be, and he ia
hereby, authorized to take such steps us he may
deem advisable for adjusting the title to the Pea
Patch island ; and, should the same be found to
be adverse to the United Slater, that lie cause
the value to he ascertained by arbitration, ac
cording to the agieement entered into between
the Secretary of War and the agent of the clai
mants.
Approved, August 8, 1846.
Tublio.—No. 00.
AN ACT milking appropriations for the aup»
port of tho Military Academy for the year
ending on the thirtieth June, eighteen hund
red end forty-seven.
(Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
That the following sums be, and the same are
hereby, appropriated out of any money in tho
Treasury, not otherwise appropriated, lor tho
aupport of the Military Academy for the year
ending on the thirtieth June, eighteen hundred
and forty seven.
For pay of officers, instructors, cadets, and
musicians, seventy-eight thousand nine hundred
dollars.
For commutation of subsistence, five thous
and two hundred and fifty six dollars.
For commutation of forage for officers’ hor
ses, tvo thousand four hundred dollars.
For clothing for their servants, four hundred
and twenty dollars.
For repairs and improvements, fuel, and ap
paratus, forage for public horses and oxen, sta.
tionerj, printing, and other incidental and con
tingent expenses, twenty thousand dollars.
For completing the barracks for cadets, fif
teen thousand dollars.
Sec. 2. And be it farther enacted. That the
President be authorized to appoint a board of
visiters, to aitend the annual examination of
the Military Academy, whose duty it shall be
to repott to the Secretury of War, for the in
form xtion of Congress, at the commencement
of the next succeeding session, the actual stale
of the discipline, instruction, police adminis
tration, fiscal affairs, ami other concerns of the
institution: Piotidtd, That the whole number
of visiters each year shall not exceed the half
of the number ofSta'es in the Union ; and that
they shall be selected, alternately, frem every
second State, each member being a bona fide
resident citizen of the State from which he shall
be appointed; that not less than six members
shall be taken from among officers actually ser
ving in the militia ; and that a second member
shall not be taken trom any Congressional dis
trict until every other district in the State shall
have supplied a member: Prodded, farther.
That no compensation shall be made to said
members beyond the payment of their expenses
for board and lodging while at the Military
Academy, and an allowance not to exceed eight
cents per mile, for iravelling by the shortest mail
route from their respective homes to the acade
my, and back to their homes. And the sum of
two thousand dollars is hereby appropriated to
defray the expenses of said boardot visiters at
the next annual examination.
Sge. 3. And he it further enacted, That the
teacher of drawing and Mie first teacher of
French at the Military Academy shall hereafter
be, respectively, professor of drawing and pro
fesaor of the French language.
Approved, August 8,1016.
DECISIONS OF JUNE TERM, 1846,
SUPREME COURT OF ALABAMA.
Reported for the Journal and Flag.
JAMES FOREMAN, vs. GEORGE N.
HARDWICK.
Court of Chancery of St■ Clair county.
I’liPB. tor (he plaintiff in error.
S. F. Kicic and F. W. Bowdon, for the
defendant in error.
Hardwick sold his land to Foromnn for
40(1 dollars, and took his note payable in a
few days tor payment, and a deed was exe
cuted by Hardwick to Foremnn, who went
into possession of the land. A bet was af
terwards intidu by the parties, on the Presi
dentinl election of 1840, ns follows : If Mr.
Van Baron wns elected President, the note
was to be paid by Foreman, and the land
reronveeyd to Hardwick; but if General
Harrison was elected, the note was to be
given up to Foreman, to bo considered paid,
and Foreman to retain the land- The note
made by Foreman, and the deed executed
by Hardwick, were put in the hands of A.
M. Byers to bo delivered to the winner ns
soon ns the result was known. When it
was ascertained that General Harrison was
elected, Byors gave up the deed und note
to Foreman the winner ol the wager.
Hardwick filed his bill in Chancery
against Foreman praying, us was ruled, for
for the enforcement of no equitable lien, (or
iho purchase murrey, as vendor of the
land, &c.
COLLIER, C. J.
1. Where there is no special prayer, adap
ted, to the case made by the bill, and the
bill states, as the general ground upon
which complainant asks relief, that he
had sold his land to defendant tor 401)del
lars, taken his note for this sum, and that
the latter had won it from him ; but there
is nn agreement afterwards entered into
by the parlies, that the bill ahull be suppo
ted to contain, the appropriate prayers for
discovery and relief-tho bill will be
considered us an application for the en
forcement of an equilablo lien, as no re
lief, (il there be any other,) is so well
adapted to the case, as the subjection of
the land, to the payment of the purchase
money.
2. Upon common law principles, the court
inclines to think, a debt is not discharged
by winning as a wager, a writing, by
which it is evidenced; but semble, that
the etrect of such a transaction upon the
rights of a creditor, need not bo consid
ered, in this State, without referenco to
legislation on the subject; nnd
3. The terms of the act of 1807 ore excee
dingly comprehensive. It declares void,
■‘nil promises, agreements, notes, hills,
bonds, or other contracts,” &c. “for
money or oilier valuable thing whatsoev
er,” founded in “gaming, betting, or wa
gering.”
4. (iiviug up the note dors not extinguish
the debt, and if the agreement to deliver
the note to defendant ; (if the complain
i ant should have miscalculated the event
upon which the parties laid their wagers,)
was void, can have no effect upon the
complainant’s rights ; it is therefore com
petent for him to assert his right ; to re
j cover the purchase money, by praying
that his equitable lien muy bo enforced.
' 5. A complainant who has received the ben.
efit of money advanced by the defendant,
and who is nn actor in court, si ould be
fo ced to rcimhurso it ; the master should,
therefore, have reported in favor of the
nllowunce t.. the defendant, of a credit,
for the amount at which he hid otr the
land, at a sale, under the order of court,
consequent upon n constable’s levy.
Reversed und decree rendered in accor
dance.
JONES’ EXECUTOR’S, vs. LIGHT
FOOT.
Greene Chancery Court.
A. Gbaiiam, ond J- B. Clarke, fur the
plaintiff’’.* in error.
AIukpiiv, contra.
ORMOND, J.
1. Where no notice is given the warrantor
of a ponding auit for land, which resulted
ill the eviction of.fite warrantee; and
where a subsequent purchase is made
without application to the warrantor, so
as to enable him by making the purch
ase to comply with his warrant—the ven
dee must be held to have made the pur
cha-e tor his own security ; and as such
a complainant must resort to u court of
chancery for relief he must do equity.
All that in equity and justice ho can ask
is to be reimbursed, and placed in the
same condition as if the warrantor had
procured the conveyance to be made.
2. Knowledge uf the existence of a claim
on the partnfnn executor or administra
tor. is not sufficient to excuse a creditor
of the decedent, barred by the statute ol
non claim, fiom u presentment of his
claim, witliih the time specified by the
statute. Nothing short of an actual pre
sentment will satisfy its demands,
3. Sefnble, that the service of a feire fa
cias upon the personal representative to
reverse a judgment, or a suit in progress
within eighteen months after the grant of
letters, is a sufficient presentment of the
claim.
4. A right of action against an estate can
not be considered a contingency—if a
party i« not infilled to a judgment or de
cree at the hands uf the court he has no
claim against the ceiute ; if he'is, it can
not be considered as contingent whether
it will be grmted or refused, as the re
dress is as certain, us if the notion were
I upon an instrument-in writing for the pay
| ment of money.
5. Semble, that a claim against an estate
payable either presently or in future,
must be presented within eighteen months
after it has accrued, not alter the right cj
action accrues.
6. Whore one is evicted of lands by title
paramount, his claim against the estate
of the warrantor for reirnburaement ac
crues to inslanti the eviction.
Decree reversed, and a decree entered
dismissing the bill of revivor.
THOMAS B.FAVER,
THE BANK OF THE STATE OP AL
ABAMA.
Error to the Circuit Court of Tuscaloosa.
S. D. J. Moore, for the plaintiff in era
ror,
P. Martin, for the defendaht in ore or.
COLLIER. C. J.
Tins was the case of an attachment i*.
sued in favor of the Bank, on affidavit by an
indorser,
1. The second section of the act of 1840,
Clay's Dig- 64 § 47, in amhorizing at
tachments lo lie sued out, according to the
first section, has reference to the cattae*
which tlio latter prescribes ; and does not
menu that the affidavit shall be made by
an officer or agent of the Bank.
2. Thu object of the second section wa» ta
aid endorsers and sureties, and facilitate
the remedy by at’achftient, by permitting
the bunk to issne it upon the oath of one
ol them, though an officer or agent, might
not be proposed lo verify the existence ot
eilher'of the grounds prescribed,
3. In requiring a “satisfactory showing" to
be made “on oath or otherwise,”—we
are to understand, that tho ground is to be
laid in tho manner prescribed by law,
viz : by oath or affirmation made before
seme competent officer- Tho bank by
cdupting and consenting to prosecute no
attachment, issued (hereon, clearly indi
cates that it is satisfactory.
4- A statute must be bo interpreted as to bo
operative in all its parts, ut res magis va<
leal, quampereat.
Affirmed.
BENJAMIN F. RANDOLPH, vs. WIL
LIAM G. JONES.
Error to the Circuit Court of Tuscaloosa.
E. W. Peck and L. Clack, for the plain*
tiff' in error.
William Cochran, for the defendant in
error.
COLLIER, C. J.
1. It is competent for the court, in which a
suit is brought, against the maker of a
note, lo permit the declaration to be a
mended, either before or after judgment,
m as to make it conform to tliu truth of
the case. Our statutes of ninendinent
prescribe no limitation beyond which the
discretion of the court shall not go, and
the inquiry in every application to urnend,
is whether the legal remedy of tho party
will be advanced ;—if his adversary is
prejudiced, bis iniorest may be duly pro,
tected.
2. To satisfy an allegation in general term*,
the same strictness of proof is not requi.
red, as if the question were, whethor a
note especially declared on was correctly
described. In case of a description lite
ratim et verbatim, a slight vurinnee would
he fatal, but if the description, was ac
cording to the effect of the writing ; the
variance must ibe substantial in order lo
prejudice the pluintilfi
Judgment affirmed.
The Poitland Advertiser “has no doubt,”
from General Kearney’s acts at Santa Fe,
that ho “is n loco.’' We are sorry to bring
anything like politics into the army. We
can have n gallant whig, H9 well as a gallant
democrat j and we never care to ask what
are his politics. We really think that an
officer, who is culled into service, and ii at
the head of his troops, bus nothing lo say
to his party. To serve his country, under
the auspices of the constituted authorities,
becomes his duty ; but, as the issuo hae
been umde by the federal press, we mutt
stale the impression wo have received, that
General Kearney is a gallant, liberal whig.
--Washington Union.
Most (mpohtvnt Dx-coverI?_Repro
duction of the Potato?.—The Rev. N. 8.
Smith, ot thu city ol' New York, lots discov
ered u method of raising excellent pota
toes from the seeds of the ball of the plant.
About four years ugo he planted the seeds
of an ordinary plant, and obtained potatoes
about thu size of a pea. These he plonted
the next year, with the seeds from their
plants, and both yielded potatoes of an in
creased size. Again the third year, he
planted the second year's potatoes and their
seeds, and hud the pleasure of gathering
potatoes large enough for the table, of the
finest flavor mid texture ; and entirely free
from the rot, ulthough planted alongside of
those having the dtseuse. He finds that the
potatoes raised from the seeds, instead of
the roots, is as hard and good in the spring
as when dug from the drill. The fait is
worth millions of dollars to tha world, us it
mny be the means of saving a valuable es
culent.
Things to be Remembered.—The Eng
lish bushel oi wheal weighs 70 gpUuds; 8
bushels equal to 060 pounds, being a quar
ter of a ton weight.
Nine and two thirds buahels America*
wheat, or 60 pounds to the bushel, equal the
Engl'sh quarter.
The English sack of dour weighs 280
pounds, and seven sacks 1,960 pounds,
equal to 10 American barrels.
The bushel of fine Liverpool suit weighs
56 pounds; the sack contuios 4 bushels.
224 pounds
Ten sacks make a ton weight. 2,240
pounds; the bushel of Ground Allum salt
weighs 61 pounds ; the sack contains S 1-2
bushels, equal to 221 pounds ;
ten sacks mnkt- a ton.
To bring English sterling money to dol*
lars and cents, double the pence the answer
is cents
Thn London Times stairs, as an evidence
that Indian corn is becoming a regular ar*
ticle of exchange, that large quantities have
been shipped from England to France, and
they have been paid for by importations
ot gold.
OCT*The Governor of Ohio his fixed on
Thurday, the 2(ith of Move ulmr, as a day
of public thanksgiving and prayer through*
out that State.