State journal & flag. [volume], November 20, 1846, Image 1

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

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OLD SERIES, VOL. XII.
“r/i/:ss o.vw.iiiit”
CITY OF TUSCALOOSA, ALA., FRIDAY, NOV. JO, 1846.
NEW SERJES-VOL.^
L-NO. 1
JOHN .n’CORlHM'K, STATE PRINTER.
FX.AG OF THE UNION,
Established July 4, 1833.
STATE JOURNAL Sc FLAG OF THE UNION,
United November 9,1843.
BY AUTHORITY.
LAWS or THE UNITED STATES, PASSED AT TIIE FIRST
SESSION OF THE TWENTY NINTH CONURESS.
Public.—No. 90.
AN ACT to provide forthe better organization
ot' the Treasury, and for the collection, ante
keeping, transfer, and disbursement of the pub
lic revenue.
Whereas, by the fouith section of the act enti.
tied “An act to establish the Treasury De
partment,” approved September two, seven
teen hundred and eighty-nine, it was provided
that it should be thu duty of the Treasury to
receive and keep the moneys of the United
States, and to disburse the same upon war
rants drawn by the Secretary of the Treasury,
countersigned by the Comptroller, and recor
ded by the Register, and not otherwise : and
whereas it is found necessary to make further
provisions to enable the Treasury the beljer
to carry into effect the intent of the said sec
tion in relation to the receiving and disburs
ingthe moneys of the United States: There
fore—
[Sec. 1.] Be it enacted by the Senate j
and House of Representatives of the United
States of America in Congress assembled,
That the rooms prepared and provided in the
new Treasury building at tlm scat of Govern
ment, for the use of I ho Treasurer of the United
States, his assistants, and clerks, and occupied
by them, and also the fire-proof vaults and safes
erected in said rooms for the keeping of the pub.
lie moneys in the possession and under the ini- j
mediate control of said. Treasurer, and such oth- !
er apartments as are provided lor in this act as !
places of deposits of the publio money, arc
hereby constituted and declared to be, the t'rea.
• sury of the United States. And all moneys
paid into the same shall be subject to the draft
of the Treasurer, drawn agreeably to appropri
ations made by law.
Sec. 2. And be it further enacted, That tho
mint of the United States, in the city of Phila
delphia, in the Statu of Pennsylvania, and the
branch mint in the city of New Orleans, in the
State of Louisiana, and '.he vaults and safes !
thereof, respectively, shall be places of deposit '
and safe keeping of the public moneys at those
points, respectively; and the treasurer of the !
said mint and branch mint, respectively, for the :
lime being shall be assistant treasurers under
the provisions of this act, and shall have the cus
tody and care of all public moneys deposited
within the same, and shall perform all the duties I
required to be performed by them, in reference
to the receipt, 6afe-keeping, transfer, and dis
bursements of all such moneys, according to the
provisions hereinafter contained.
Sec. 3- And be it further enacted, That the
rooms which were directed to be prepared and
provided within the custom-houses in the city of
New York, in the State of New York, and in
the city of Boston, in the Si ate of Massachu
setts, for the use of receivers general of public j
moneys, under the provisions of the act enti
tied “An act to provide for the collection, safe
keeping, transfer, and disbursement of the pub
lic revenue,” approved July fourth, eighteen hun- j
dred and forty, shall be for the use of the assis
tant treasurers hereinafter directed to be ap- 1
pointed at those places respectively ; as shall be
also the fireproof vaults and safes prepared and
provided within said rooms for the keeping of the
public moneys collected and deposited with them
respectively ; and the assistant treasurers, from
time to time appointed at those points, shall have
the custody and care of the said rooms, vaults,
and safes, respectively, and of alj the public
moneys deposited within the same, and shall
perform all the duties required to be performed
by them, in reference to the receipt, safe-keep
ing, transfer, and disbursement of all such mon
eys, according to the provisions of this act. j
Sec. 4. And be it further enacted. That the j
officers, with suitable and convenient rooms,
which were directed to be erected, prepared,
and provided for the use of receivers general of
public money, at the expense of the United
States, at the city of Charleston, in the State of
South Carolina, and at the city of St. Louis, in
the State of Missouri, under the act entitled
“An act to provide for the collection, safe keep- I
ing, transfer, and dismrsement of the public
revenue,” approved July fourth, eighteen hun-!
dred and forty, shall be for the use of the assis
tant treasures hereinafter directed to be appoint- |
ed at the places above-named ; as shall be also
the fire-proof vaults and safes erected within
aaid offices and rooms for the keeping of the
public money collected and deposited at those
points respectively ; and the said assistant trea
surers, from time to time appointed at those
places, shall have the custody and care of the
said offices, vaults, and safes, erected, prepared,
and provided as aforesaid, and of all the public
moneys deposited within the same, and shall per
form all the duties required to be performed by
them, in reference to the receipt, safe keeping,
transfer, and disbursement of all such moneys,
according to tho provisions hereinafter contain
ed.
Sec. 5. And be it f irther enacted. That the
President shall nominate, and by and with the
advice and consult of the Senate appoint, four
officers, to be denominated “assistant treasur
ers of the United States,” which said officers
shall bold their respective officers for the term
of four years, unless sooner removed therefrom;
one of which shall be located at the city ofNew
York, in the State of New York ; one other of
which shall be located at the city of Boston, in
the.State of Massachusetts; one other of which
shall be located at the city of Charleston, in the
State of South Carolina ; and one other at St.
Lewis, in the Slate of Missouri. And all of
which said officers shall give bonds to the Uni
ted States, with sureties, according to the pro
visions hereinafter coutained, for the faithful
discharge of the duties of their respective offi
8*c. 6. -And be it further enacted. That the
Treasurer of the United States, the treasurei of
the mint of the United States, the treasurers,
and those acting as such, oi the various branch
mints, all collectors of the customs, all survey
•nefthe customs acting also as collectors, all
assistant treasurers, all receivers of public mon
eys at the several land offices, all pojtmasiers,
and all public officers of whatsoever character,
be, and they are hereby required to keep safely,
without loaning, using, depositing in banki, or
exchanging for other funds than as allowed by
this act, all the public money collected by them,
OS otherwise at any time placed in their posses
sion and custody, till the same is ordered, by the
proper Department or officer of the Govern,
ment, lo be transferred or paid out; and, when
biicIi orders for transferor payment are received
faithfully and promptly to make the same as di
rected, and to do and perform all other duties as
fiscal agents of the Government which may be
imposed by this or any other acts of Congress,
or by any regulation of the Treasury Depart
ment made in conformity to law ; and also to
do and perfonn all acts and duties required by
law, or by direction of any of the Executive De
partments ofthe Government, asagtnts fer pay
ing pensions,or for making any othpr disburse
ments which either of the heads of those De
parlments may be required by law to make, and
which are of a character to oe made by the de
positaries hereby constiiuted, consistently with
the other official duties imposed upon them.
Bsc. 7. jtnd be it further enacted. That the
Treasurer ofthe United States, the treasurer of
lire mint of the United Btates, the treasurer of
the branch mint at New Orleans, nnd all the as.
sistant treasurers hereinbefore directed to be
appointed, shall respectively give bonds lo the
United States faithfully to discharge the duties
of their re-pective offices according to law, nnd
for such amounts us shall be directed by the
Secretary of the Treasury, with sureties to the
satisfaction ofthe Solicitor of the Treasury;
and shall, from time to time renew, strengthen,
and increase their official bonds as the Secretary
ofthe Treasury may direct, any law in reference
to any of the official bonds of any of the said
officers to the contrary notwithstanding.
Sec. 8. Jnd be it further enacted. That it
shall be the duty of the Secretary ofthe Treas
ury, at as early a day as possible after the pas
sage of this act, to requ re from the several de
positaries hereby constituted, and whose official
bonds are not hereinbefore provided for, to exe
cute bonds, new, and suitable in their terms, to
meet the new and increased duties imposed up
on them respectively by this act, and with sur
eties and in sums such as shall seem reasonable
and safe to the Solicitor of the Treasury ; and
from time to time to require such bonds to be
renewed and increased in amount, and strength
ened by new sureties, to meet any increasing
responsibility which may grow out of accumu
lations of money in the hands of trie depositary,
or out of any other duty or responsibility arising
under this or any other law of Congress.
Sec. 9. And be it further enacted. That all
collectors and receivers of public money, of
every charactCT and description, wilhin the Dia
irict of Columbia, shall, as frequently ns they
may be directed by the Secretary of the Treas
ury, or the Postmaster General so to do, pay
over to the Treasurer of the United Slate, at
the Treasury, all public moneys collected by
them,or in their hands; that all such collectors
and receivers of public moneys within ‘the cit
ies of Philadelphia and New Orleans shall, upon
the same direction, pay over to the treasurers of
the mints in their respective cities, at the said
mints, all public moneys collected by them, or
in their hands; and that all such collectors and
receivers of public moneys wilhin the cities of
New York, Boston, Charleston, and St. Louis,
shall, upon the same direction, pay over to the
assistant treasurers in their respective cit es, at
their gffices, respectively, all the public moneys
collected by them, or in their hands, to be safely
kept by tho said respective depositaries until
otherwise disposed of according to law ; and it
shall bo the duly ofthe said Secretary and Post
master general respectively to direct such pay
ments by the said collectors and receivers at all
the said places, at least as often as once in each
week, and as much more frequently, in all cas
es, as they in their descretiou may think prop
er.
Sec. 10. And be tlfarther enacted, lhat.it
shall bo lawful for the Secretary of the Treasu.
ry to transfer the moneys in the hands of any
depositary hereby constituted to the Treasury
of the United Stairs, to be there safely kept, to
the credit of the Treasurer of the Uniied Slates,
according to the provisions of this act; and also
to transfer moneys in the hands of any one de
positary constituted by this act to any other de
positary constituted by the same, at his discru.
tion, and as the safety of the public moneys,
and the convenience of the public service shall
seem to him to require; which authority to
transfer the moneys belonging to the Post Office
Department is also hereby conferred upon the
Postmaster General, so far as its exercise by
him may be consistent with the provisions of
existing laws; and every depositary constitu
ted by this act shall keep Ins account of the
money paid to or deposited with him, belonging
to the Post Office Department, separato and
distinct from the account kept by him of other
public moneys so paid or deposited. And for
the purpose efpayments on the public account,
it shall be lawful for tho Treasurer of the Uni
ted States to draw upon any of the Baid deposi
taries, ns he may think most conducive to the
public interest, or to the convenience of the
public creditors, or both. And each depositary
so drawn upon shall make returns to the Trees
ury and Post Office Departments ef all moneys
received and paid by him, at such limes and in
such form as shall be directed by the Secre
tary of the Treasury or the Postmaster Gener
al.
Sec. II. And be it further enacted, That the
Secretary of the ^Treasury shall be and he is
hereby authorized to cause examinations to be
made of the books, accounts, and moneys on
hand of the several depositaries constituted by
thiiact; and for that purpose to appoint spe
cial agents, as occasion may require, with such
compensation, not exceeding six dollars per day
and travelling expenses, as he may think rea
sonable, to he fixed and declared at the time of
each appointment. The agents selected to
make these examinations shall be instructed to
examine as well the books, accounts, and re
turns of the officer, as the money on hand, and
the manner of its being kept, to the end that uni
formity and accuracy in the accounts, as well as
safety'lo the public moneys, may be secured
thereby.
Sbc. 12. And be it further enacted, I hat, in
addition to tlie examinations provided for in the
last preced no section, and as a further guard
over the public moneys, it shall be the duty of
each naval officcr.and surveyor, ns a check upon
the assistant treasurers or the collector or the
customs, of their respective districts ; ol each
register of a land office, aa a check upon the re
ceiver of Ins land office; and of the director and
superintendent of each mint and branch mint,
when separate officers, as a check upon the
treasurers, respectively, of the said mints, or
the persons acting as such, at the close of each
quarter of the year, and as much more frequent
ly as they shall be directed by the Secretary of
the Treasury to do so, to examine the books,
accounts, returns, and money on band, of the
assistant treasurers, collectors, receivers of land
offices, treasurers of the mint, and each branch
mint, and persons aciing as such, and to make
a full, accurate, and faithful return to the Tieas
ury Department of their condition.
Seo. 13. And be it Junker enacted, That the
said officers, respectively, whose duty it is made
by this act to receive, keep, and disburse the
public moneys, as the fiscal agents of the Gov
ernment, may be allowed any necessary addi
tional expenses for clerks, fire-proof chests, or
vaults, or other necessary expenses of safe
keeping, transferring, and disbursing said mon
eys ; all such expenses of every character to be
first expressly authorized by the Secretary of
the Treasury, whose directions upon all the
above subjects, by way of regulation and other
wise, so far as authorized by law, are to be strict -
ly fallowed by ill the paid officers : Provided,
That the whole number of clerks to be appoint
ed by virtue of this section of this act shall not
exceed ten ; and that the segregate coinpensa
lions of the whole number shall not exceed eight
thousand dollars; nor shall the compensation
of any one clerk so appointed exceed eight hun
dred dollars per annum.
Sec. 14. And l>e it further enacted, Thatthe
Secretary of the Treasury may, at his diacre
■ ion, transfer the balances remaining with any
of the present depositories to any other of the
present depositories, as he may deetn the safety
ol the public money or the public convenience
may r<quire: Prodded, That nothing in this
act shall be so construed as to authorize the
Secretary of the Treasury to transfer the balan
ces remaining with any of the present deposi
tories 10 the depositories constituted by this act
before the first day of January next: And, pro■>
tided, That, for the purpose of payments on
public account, out oi balances remaining with
the present depositories, in shall be lawful for
the Treasurer of the United Slates to draw upon
any of the said depositories ns he may think
mo:.t conducive to the public interests, or to the
convenience of the public creditors, or both.
Sec 15. And be ii further enacted, That, all
marshals, district attorneys, and others having
public money to pay to the United States, and
all patentees wishing to make payment for pa
tents to be issued, may pay all such moneys to
the Treasurer of the United States, to the trea
surer of either of the mints in i’hiladelpliia or
New Orleans, to either of the other assis ant
treasurers, or to such other depositary constitu
ted by this act as shall be designated by the
Secretary of the Treasury in other parts of the
United States to receive such payments, and
give receipts or certificates of deposit therelor.
Sec. 16. And bed further enaeltd, Thai all
officers and other persons, charged by this act,
or any other act, with the safe keeping, transfer,
and disbursement of the public tnomys, other
than those connected with the Tost Office Lie
partment, are hereby required to keep an accu
rato entry of each sum received, and of each pay
ment or transfer; and that if any one of the said
officers, or of l hose connected with the Post Of
fice Department, shall convert to his own use,
in any way whatever, or shall use, by way of
investment in any kind rf property or merchan
dise, or shall loan, with or without interest, or
shall deposite in any hank, or shall exchange for
other funds, except as allowed by this act, any
portion of the public moneys intrusted to him
for safe keeping, disbursement, transfer, or for
any other purpose, every such act shall he deem
ed and adjudged to be an embezzclment of so
much of the said moneys as shall be thus tnken,
converted, invested, used, loaned, deposited, or
exchanged, which is hereby declared to be a
felony ; and any failure to pay over or to pro
duce the public moneys intrusted to such person
shall be held and taken to he prima facie evi
dence of such embezzlement; and if any officer
charged with the disbursements of public mon,
eys shall except or receive, or tiansinit to tho
Treasury Department to be allowed in his fa
vor, and receipt or voucher from a creditor of
the United States, without having paid to such
creditor, in such funds as the said officer may
have received for disbursement, or such other
funds as he may be authorized by this act to
take in exchange, the full amount specified in
such receipt or voucher, every such act shall be
deemed 10 ue a conversion by sucn otticer to
his own use of ihe amount specified in such re
ceipt or voucher ; and any officer or agent of
the United States, and all persons advising or
participating in gucliact, being convicted there
of betore any court of the United States of com
petent jurisdiction, shall be sentenced to impris
onment for a term of not less than six months
nor more than ten years, and to a fine equal to
the amount of the money embezzled- And,
upon the trial of any indictment against any
person fur embezzling public money under the
provisions of this act, it shall he sufficient evis
dence, lor the purpose of showing a balance
against such person, to produce a transcript
from the books and proceedings of the Treasury,
as required in civil cases, under Ihe provisions
of the act entitled “An act to provide more ef
fectually for the settlement of accounts between
the United Slates and receivers of public mon
ey," approved March third, one thousand seven
hundred and ninety-seven; and the provisions
of this act shall be bo construed as to apply to
all persons charged with the snfe.keeping.trniis
fer, or disbursement of the public money, wheth
er such persons be indicted as receivers or de
positaries of the same; and the refusal ot such
person, whether in or out of office, to pay and
draft, order, or warrant which may be drawn
upon him by the proper officer of the Treasu ry
Department, for any p -bite money in his hands
belonging to the United States, no matter in
what capacity the same may have been receiv
ed or may be held, or to transfer or disburse any
such money promptl), upon the legal require
ment of any authorized officer of the United
States,shall be deemed and taken, upon the trial
of any indictment agamst such person for em
bezzlement, as prima facie evidence of such em
bezzlement.
Seo. 17. jind be it further enacted, That, un
til the rooms, offices, vaults, and safes, directed
by the first lour sections of this act to be con
structed and prepared for the use of the Treaa
uierofthe United Slates, the treasurers of the
mints at Philadelnhia and New Orleans, and
the assistant treasurers at New York,' Boston,
Charleston, and St. Louis, can be constructed
and prepared for use, it shall be the duly of the
Secretary of the Treasury to procure suitable
rooms for offices for those officers at their res
pective locations, and to contract for such use of
vaults and safes as may be required for the safe
keeping of the public moneys in the charge and
custody of those officers respectively.the expense
to be paid by the United States.
And whereas, by the thirtieth section of the
act entitled “An act to regulate the collection
or duties imposed by law on the tonnage or ships
nr vessels, and on goods, wares, and merchandi
ses imported imo the United Slates,” approved
July thirty one, seventeen hundred and eighty
nine, it was provided that all fees and dues col
lected by virtue of that act Bhould be received
in gold and silver coin only ; and whereas, also,
by the fifth section of the act approved May
ten, eighteen hundred, entitled “An act to amend
the act entitled • An act providing for the sale
of ihe lands cf the United States in the territory
northwest of the Ohio, and above the mouth of
Kentucky river,” it was provided that payment
for the said lands shall be made bv all purcha
sers in specie, or in evidences of the public
debt; and whereas, experience has proved that
said provisions ought to be revived and enforced,
according to the true and wise intent of the
Constitution of the United Slates—
S*c. 18. And be it further enacted. That on
tho first day of January, in the year one thou
sand eight hundred and forty-seven, and there
after, all duties, taxes, sales of public lands,
debts, and sums of money sccruing or becoming
due to the United States, and also all sums due
for postages or otherwise, to the General Post
Office Department, shall be paid in gold and
silver coin only, or in Treasury notes issued un
der the authority of the United States : Provi
ded, That the Secretary of the Treasury shall
publish, monthly, in two newspapers at the city
of Washington, the amount of specie at the sev
eral "places of deposite, tho amount of Treasury
notes or drafts issued, and the amount out
standing on tbe last day of each month.
Sec;. 19. And be it further enacted, That on
the first day of April, one thousand eight hun
dred and forty-seven, and thereof er, every offi.
cer or agent engaged in making disbursements
on account of the United States, or of the Gen
eral Peat Ollier, shall make all payments in
gold and silver coin, or in Treasury notes, if the
creditor agree to receive said notes in payment;
and any receiving or disbursing officer or agent
who till,ill neglect, evade, or violate the provi
sions of this and the last preceding section of
this act, shall, by the Secretary of the Treasury,
be immediately reported to the President of the
United Stnirs, with the facts of such neglect,
evasion, or violation ; and also to Congress, if
in session; and if not in session, at the com
mencement of its session next after the viola
tion takes place.
Sec. 20. And b: it fur her cnacfrd,jThat no
exchange offunds shall be made by any dis
bursing officers or agents of the Government, of
any grade or denomination whatsoever, or con
necled with any branch of the public service,
other thnn on exchange for gold and silver ; and
every such disbursing officer, when the means
for his disbursements are furnished to Idm in
gold and silver, shall make his payments in the
money so furnished ; or when those means are
furnished to him in drafny shall cause those
drafts to be presented at their place of payment,
and properly paid according to the law, and
shall make Ins payments in the money so re
ceived for the drafts furnished, unless, in either
case, he can exchange the means in his hands
lor gold and silver nt par. And it shall be and
is hereby made the duty of the head of the prop
er Department immediately to suspend from d i.
ty any disbursing officer who shall violnle the
provisions of this section, and forthwith to re«
port the name of the officer or agent to the Pre
sident, wiili the fact of the violation, and till tire
circumstances accompanying the same and with
in the kHowiedgeof the said Secretary, to the
end that such officer or agent may he promptly
removed from office, nr restored to Ins trust and
the performance of his duties, as to ihe President
may seem just and proper: Provided, however,
Thai those disbursing officers, having at pres
ent credits til the hanks, shall, until the first day
of January next, be allowed to check on the
same, allowing the public creditors to receive
their pay from the banks either in specie or bank
notes.
Sec. 21. Andie it further enacted. That, it
shall be the duly of the Secret ry of the Trea
sury to issue and publish regulations to enforce
the speedy presentation ofall liovermnent drntts
for payment at the place where payable, and to
prescribe the time, according to the different dis
tances of the depositaries from the scat of Gov
ernment, within wh'ch all di alts upon them, res
pectively, shall be presented for payment ; and,
in default of such presentation, to direct any
other mode and place of payment which he may
deem proper; but, in all these regulations and
directions, it shall be the duty of the Secretary
of the Trcasmy to guard, as far as may be,
against those drafts being used or thrown into
circulation as a | a, or currency or medium of
exchange, And no officer of the United States
shall, either directly or indirectly, sell or dispose
to any person or persons, or corporations, what
soever, for a premium, any Treasury note, draft,
warrant, or other public security, not his pri
vate property, or sell or dispose of the avails or
proceeds of such note, draft, warrant, or secu
rity in his hands for disbursement, without ma
king return of such premium, and accounting
therefor by charging the same in his accounts to
the credit of the United States ; and any officer
violating this section shall be forthwith dismiss
ed from office.
Sec. 22. And be it further enacted, That the
assistant treasurers directed by this net to be
appointed shall receive, respectively, the follow
ing snlaries per annum, to be paid quarter
yearly at the Treasury of the United States, to
wit : the assistant treasurer at New York slnll
be paid a salary of four thousand dollars per an
num; the assistant treasurer at Boston shall be
paid a salary of two thousand five hundred dot.
jars per annum ; the assistant treasurer at
Charleston shall be paid a salary of two thou
sand five hundred dollars per annum , the assis
tant treasurer at St. I,nui9 shall be paid asulary
of two thousand five hundred dollars per annum;
the treasurer of the mint at Philadelphia shall,
til addition to his present salary, receive five
hundred dollars annually, for the performance
of ihe duties imposed by this act; the treasurer
of the branch mint at New Orleans shall also
receive five hundred dollars annually, fur the
additional duties created by this act; and these
salaries, respectively, shall be in full for theser
vices of the respective officers ; nor shall either
of them be permitted to charge or receive any
commission, pay, or perquisite, for any official
service, of any character or description whatso
ever; and the making of any such charge, or
the receipt of any such compensation, is hereby
declared to be s misdemeanor, for which the of
ficer convicted thereof, before any court of the
United States ol competent jurisdiction, shall lie
subject to punishment by fine and imprisonment,
or both, at the discretion of the court before
which the offence shall he tried.
Sec. 23. And be it further enacted. That
the c shall be and hereby is appropriated, to be
paid nut of any money in the Treasmy not oth
erwise appropriated, the sum ot five thousand
dollars, to be expended, under the direction of
the Secretary of the Treasury, in such repairs
or additions as may be necessary to put in good
condition for use, with as little delay as may be
consistent with the public interests, the offices,
rooms, vaults, and safes herein mentioned, and
in the purchase of any necessary additional fur
nilure and fixtures, in the purchase of necessary
books and stationery, atfd in defraying any other
incidental expenses necessary to carry this act
into effect.
Sec. 24. jind be it further enacted. That all
acts or pnrts of yets which come in conflict with
the provisions of tl is act be, and the same are
hereby, repealed.
Approved, August C, 1840.
Public.—No. 104.
AN ACT to regulate writs of error and appeals
from the district court of the United States
for the middle districtof Alabama.
[Sec. 1.] lie it enacted by the Senate
and Haute of Representatives of the United
States of America in Congress assembled.
That hereafter writs of error and appeals shall
he taken from the district court of the United
States for the middle districtof Alabama directly
to the Supreme Court of the United Slates, un
der the same regulations that writs of error and
appeals are allowed from the circuit courts of
the United States to the Supreme Court; and
no writs of error or appeals shall lie from said
district court to the circuit courtaof the United
Slates tor the southern district of Alabama, as
heretofore allowed.
Sec 2. And be it farther enacted. That all
causes now pending in the circuit court of the ,
United States for the fifth judicial circuit and
aouihern district of Alabama, and which were
removed to that court by writ of error or appeal
from the district court of the United States for
the middle district of Alabams, are hereby trans
ferred to tiie Supreme Court of the United
States. Said Supreme Court shall hear and
determine the errors assigned in said circuit
court, in the same manner that the circuit court
should have done had said causes not been re
moved.
Approved, August 8, 1846.
Public_No. 96.
I AN ACT making appropriations for the gup
port of the Military Academy for the year
ending on the thirtieth June, eighteen hun
dred and forty seven.
[Sec. 1.] He it enacted by the Senate
and House oj Representatives of the United
States of America in Congress assembled.
That th» following sums oe, and the same are
hereby, appropriated out of any money in the
Treaaury, not otherwise apprnpriaied, for the
support of the Military Academy for the y, nr
ending on the thirtieth June, eighteen hundred
and forty-seven.
For pay of officers, instructors, cadets, and
musicians, seventy-eight thousand nine hund
red dollars.
For commutation of suhsigtence, five thous
and two hundred and fifty-six dollars.
For commutation of forage fnr officers' hor
ses, two thousand four hundred dollars.
For c^thing fot their servants, four hundred
and twenty dollars.
For repairs and improvements, fuel, and ap
paratus, forage for public horses and oxen, sta
tionery, print I nr, and other incidental and con
tingent expenses, twenty thousand dollars.
For completing the barracks for cadets, (if.
teen thousand dollars.
Sito. 2 Anil be it further enacted, That the
President be authorized to appoint a bord of
visiters, to attend the annual examination of
the Military Academy, whose duty it shall be to
report to the Secretary of War, for the infor
mation ot Congress, at the commencement of
the next succeeding session, the actual stnte
of the discipline, instruction, police administra
tion, fiscal affairs, and other concerns of the in
stitution : Pro ruled, That the whole number
of visitors each year ahull not exceed the half
of the number of Sta'es*n the Union ; and that
they shall he selected, altcu-nutely, from every
second State, each member being a bona fide
resident citizen of the Slate from which he
shall be appointed ; that no less than six mem
bers shal be taken from among officers actually
serving mi the militia; and that £ second mem
ber shall not be taken from any Congressional
district, until every other district in the State
shall have supplied a member; Provided, /nr
ther, that no compensation shall be made to said
members beyond the payment of their expen -
ses for boaro and lodging while at the Military
Academy, and an allowance not to exceed eight
cents per mile, for travelling by the shortest
mail route from their respective homes to the
academy, and hack to their homes. And the
sum of two thousand dol/urs is hereby appropri
ated to defray the expenses of said hoard of
visiters at the next annual examination.
Sec. 3. And be it further enacted, That the
teacher of drawing and the first teacher of
French ut the Military Academy Hliall hereaf
ter be, respectively, professor of drawing aud
professor of the French language.
Approved, August 8, 1846.
Public.—No. 9St.
AN AC T to attacli to the Fort Wayne lam]
district certain tracts of land lying within
the limits ot that district which are not now
attached to any district.
[Sue. 1.] Re it enacted by the Senate,
and House of Representatives of the United
States of America in Congress assembled,
That ail the lands in the State cf Indiana
which lie north of the township lino dividing
townships twenty-three and twenty lour, and
east of the range line dividing ranges four and
five cast, which lie south of the Wabash river,
be, and the same are hereby, attached to the
Fort Wayne land district j and all that tract of
land which lies north of the township line divi
ding townships twenty.three and twenty-four,
| nnd west of the range line dividing ranges four
and five east, and east of the east line of the
Crawfsrdsvtlle land district, be attached to and
shall form a port of^tlie Whim nine land dis
trict ; and all the lands lying south of the said
township line, dividing the said townships
twenty-three nnd twenty-four, which were here
tofore within the limits of t he Fort Wayne land
district, including the portions of the late Mia
mi ce-sions south of said line, be, and the same
are, ntiachcd to the Indianapolis land district;
and ali lauds lying within any of the aforesaid
land districts which may not have been offered
for sale, shall hcreiifler constitute a part of the
land district in which they respectively lie.
Approved, August S, 1846.
Public.—No. 102.
AN ACT torthe allowance of drawback on
foreign merchandise imported into certain
disti lets of the United States from the llritish
| North American provinces, nnd exported to
foreign countr es.
[Sec. 1-] Be it enacted by the Senate
and House of Representatives of the United
Stoles of America in Congress assembled,
That any merchandise imported from lire Brit
ish Norlli American provinces adjoining the
United States which shall have been duly en
tered and the duties thereon paid or secured
according to law at either of the ports of entry
in the collection districts situated on the norths
ern, northeastern, and northwestern frontiers of
the United States, may be transported by land
or by water, or partly by land, and partly by
water, to any port or ports from which merchan
dise may, under existing laws, be exported for
benefit of drawback, and be thence exported
with such privelege to any foreign countiy :
Poinded, That such exportations shall be made
h ithin one year from the date of imporiatiou of
said merchandise, and that existing laws rela
ting to the transportation of merchandise enti
tled to drawback from one district to another, or
to two other districts, and I he due exportation
and proof of landing thereof, and all regulations
which the Secretary ofthe Treasury may pres
cribe for the security of the revenue shall be
complied with.
Approved Augusts, J8-1G.
Public —No. 110.
AN ACT lo amend the act approved second
April, e'ghleen hundred and forty-tour, entis
tied "An act directing the disposition of cer
tain unclaimed goads, wares, or inercnnndioe
adzed for being illegally imported imo the
United Staler.
[Sec. 1] lie it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled.
That the provisions of the act entitled "An act
directing the disposition of certain unclaimed
goods, wares, or merchandise seized for being
illegally imported into the United States,” ap
proved April second, eighteen hundred and for
ty -four, shall apply to all property oflhe apprai
sed value ot one hundred dollars or less, any
thing contained in any other act to the contrary
notwithstanding.
Approved, August 8, 1846.
A model of Jerusalem, as it appeared in
the time of our Saviour, has been con
structed by an ingenions gentleman of
Doublin, who haa spent ycara in perfecting
it, and bringing it to iU.present state ol
accuracy.
DECISIONS OF JUNE TERM. ISIS,
SUPREME COURT OF ALABAMA.
Reported for the Journal and Flag.
RICHARD D. ROWLAND, vs. JOHN
BOOZER, USR, Ate.
Circuit Court of lieulim.
S. F. Kirn, (or the plaintiff in error.
W. |J. Ciiilton and F. W. How don, for
the defendant!! in error.
COLLIER, C. J.
1. Tile declarations of the Treasurer of a
company, who delivers a note, by their
order, to the beneficial plaintiff, in an no
tion on the note, are inadmissible as evi
dence. It is not competent for him by
any ant done, to prejudice the plaintiff's
right to recover, when not authorized to
collect the debt, or release it, and when
such declarations are not referable to uny
res ncsta. I
2 Bui in such a case, the Treasurer would
lie a Competent witness, for the defend,
ant, unless it can be shown, he wus inlet
rated to defeat a recovery by the pluin
tiff.
3. If upon a view of all the evidence, and
such inferences therefrom, us a jury could
legitimately make, in favor of the defend
ant, tlie plaintiff is intitled to recover;—
there is no objection to the court thus
charging the jury.
4. Where there is a settlement of the ac
counts of a partnership, and the compn
ny close their operations, and contemplate
no further meeting, or joint action ; but
direct tho custodian of their assets to cl is- .
tribute to the members in proportion to I
their shares, if a suit particularly referred i
to, is not commenced by a certain day ; j
—and this event does not occur, and a j
distribution made ;—This, authorize* the j
Treasurer to dispose of a note, the prop
erty of the company, and the beneficial
plaintiff, having acquired it, by virtue of
un order made by them, may, ulthough a
member of tile company, maintain nn ac
tion thereon against another member, in
the name of the pnvee ; nnd tho subse
quent institution of the suit, can have no
prejudicial effect upon the plaintiff.
5. Qttcre. is not the distribution of the
assets of the company, (of which the do
lendunt was a member,).by their own di
rection, in legal effect, a promise to pay
any note, or other security, in which tho
individual member may be indebted, to
the firm, to whoever it may be distribu
ted 1
Judgment affirmed.
ELLIOTT, AND OTHERS,
v*.
HORN, AND OTHERS.
Error to the Circuit Court of Greene.
W. U. Jones, for ilie plaintiHs in error.
Erwin & Graham, contra.
ORMOND, J. .
1. J. C. with his own money, purchased
land of the United States, but rntered it
nt the land office in the name of his son,
then an infant -of tender years, for the
purpose ol defrauding his creditors, he
being then greatly embarrassed. Held,
that this transaction was utterly void, not
only as to creditors but as (he subsequent
I purchasers.
2. It seems, ilmt the English decisions are
uniform, that a voluntary conveyance, al
though without fraud, will beset aside, in
fivor of a subsequent purchaser, for a val
uable consideration, though he had
full notice of the previous voluntary con
veyance.
3. Where an infant does an act, which it
would have been his duty on arriving at
full age to do, and which by law he could
have been compelled to do,—as convey
ing lund to which he had no title ; Such
an act though performed during infancy,
is binding on him and cannot be afters
war Is disaffirmed.
4. The couri inclines to the opinion, that
there is no difference between an infant
and an ndul', as In the tight to convey a
title to land, held udverselv to the grant
or.—In such a case, the infant cannot by
his deed, convey the title to another,so us
to invest him with the right to sue in his
own name for its recovery.
Reversed and remanded.
WM. P. POSEY. ET A L. vs. A. J. CON
NAWAY.ETAL.
Writ of error to the Third Chancery Dis
trict. •
J. Hair, for the plaintiff in error.
J. R. Metcalf1, contra.
GOLDTH W AITE, J.
Where administrator* with the will nn
nexed, undortuko to sell lands of the testator,
under a power to tho executor in the will, a
court of Equity will not entertain a bill to
set nside n sale by the administrators, al
though alleged to be fraudulent ; for the rea
son, that such a sale is entirely void, and
must so appenr hv the deeds, und therefore
can create no cloud on thu title of the
heirs. *
Affirmed.
JOHN LOCKE, VS. JOHN J. WIN
STON.
Error to the Circuit Court of Greene.
Mm. M. Mubpiiy lor the plaintiff in er
ror.
J. W. Womack, contra.
GOLDTH WAI'I E.J
Whenever the only matter to he ascer
tained, is the exislenco ol a judgment or
decree, the exemplification or other proof
r,f the judgment Arc. is sufficient, in itself,
without prool of the other proceedings in
the cause.
Affirmed.
JOHN J. WEBSTER,
ANDREW’SMITH.
Tuscaloosa Circuit Court.
Martin and Hvntinuton, for the plaintiff
in error.
William Cochran, contra.
goldth waite j.
The admissions ot a defendant in exccu.
lion, made whilst in possession ol the slave
levied on, that ii belonged lf» the claimant
aurt was held under him by hiring; are ad
miasihle, in a claim suit against the plaintiff
in execution ; notwithstanding iho statute,
which excludes the defendant in execution,
trom being u witness in such suit,
Affirmed.
JONES, vs. KIRKSEY.
Talladega Circuit Court
\V.m. V- Chiltom and L. E. I'arso.ts, for
the plaintiff in error.
S. F. Hu k, contra.
GOLDTHWAITE. J.
In on action for maliciously suing out «t
tachment process, it is not competent lor
the plaintiff to allow, that moat of the debt
was due for usurious interest ; when the
judgment in the attachment suit, is for the
whole sum claimed. Such judgment m con
clusive of probable cause, until reversed, set
aside, orbits validity impaired, by the judg
ment ol some competent tribunal.
Affirmed.
GARRETT, ADM’R vs. ROPER.
Pickens Circuit Dourt.
William Cocuran, for tho plaintiff in
error.
E. W. PecKKontra.
GOLD I II WAITE J.
1. The requisites required before an Pxe-t
culion can he issued on a bond given in
a claim suit, apply only to that summary
mode of proceeding, and in declaring in
a common law action, on such n bond,
it is only necessary to set out a breuch of
the condition.
2. The parties to such a bond, are bound to
notice the determination of the claim suit,
and therefore no nverment of notice to
them, to that effect, is necessary.
3 A plea of non esl J actum to a bond with
a condition, must, under the stutute, bo
verified by ontli us in other cases,
4- Tho bankruptcy of the principal obli.
gor in a pen il bond does not discharge
the sureties.
Affirmed.
SPEARS, TRUSTEE vs. WALKLY.
Barbour Circuit Court.
James E. I! else it, lor the plaintiff in er«
ror.
Bl'Fonn, contra.
COLDTHWAITE, J.
A bequest of slaves to a husband, to be
liel'J nnd worked by him, lor the use of bis
wife and children, but subject in no way
to his debts, contracts, nr judgments ; and
at his death to be equally divided among
bis children then living; does not create a
legal estate in the husband, which can be
sold under executinnat law.
Reversed and remunded.
■ueideuls, Ac., nt Monterey.
In the N. O. Commercial Times we find
several interesting letters from Monterty,
brought over bv the steamship Palmetto.
Our confined limits prevent us from making
extracts as copious as we desire. Below
I we have extracted a few paragraphs:
Portrait of Ampudia.—I had occasion
to go on u matter ol business with several of
our officers, to cull on Gen. Atnpudin ; we
found his quarters finely furnished, his ta
bles loaded with fruit, wine and cigars;
while, in an adjoining npnjtrncnt, were seen
severnl women gaudily dressed. On our
; presentation to him be merely bowed, stand
ing with bis hands in his breeches, with u
! white jacket on, and an unlit cignr in his
i mouth, and asked what we wanted without
[ even extending to us the courtesy of a seat,
much less to purtnkc of the viands on his
sumptuous table, lie was evidently drunk,
and no doubt had been, from appearances,
beastly so, the night before. lie is a large
man of full six fet I, inclined to corpulency,
with little shrewd, cunning black eyes, indi
cative of deceit, intrigue and libertinism ; he
wore un imperial, with a tuft of beard on
his chin. There was nothing in his man
ner prepossessing nr pleasing, but, on the
contrary, you become disgusted with the
man, and feel he is a villain, n tyrant, and a
Coward. And this great Mexican General,
I am confidently told, was once a common
drayman in the streets of Havana.
Society at Monterey—Monterey is
certainly theumsl civilized place I have yet
seen in Mexico, and the society is quite
good. Families who had left town previous
to the bntlle are fast returning. What few
young ladies I have seen, appear quite intel
ligent ; were very pretty, and dressed in
good tasie—more after the European fash
ion. There visiiing cards here. I assure
you are done up quite in style. The follow
ing is the superscription of one which l ac
cidentally found •Ramon de la Gerzu Floris,'
with “v sa esposo” underneath—meaning,
and hit wife—which. I think, is much better
thun our wuy of putting Mr. and Mit.ifroim,
The Campaign.—The impression seems
.o be. that ut the end of the armistice the war
will be re- newed with a ton fold vigor. It is
said that Col. Belknap goes down to-morrow,
to order up the long IS pounders from
Cumargo, which Gen. Taylor imprudently
left behind him—likewise, several parks of*
artillery which have lately arrived, and to
hasten on large quantities ol supplies which
are daily arriving, as w.ll as several regi
ments more of volunteers. It is expected
that the Mexicans will make a desperate
resistance nt the two passes on this tide of
Saltillo, called the Rinconuda and Potto d«
lot Muerlet.
Col. McClvng.—Lieut. Col. McClung was
rapidly recovering from the effects of his
wounds. One ol the officers ol his regiment
informs us that the gal'ant Colonel was the
first man that showed himself on the first
Fort stormed by Gen. Xaylor’s division,
und that he received his wounds whilst wa
ving his sword aloft and cheering on his
men, shouting ••Victory!" The musket
ball struck him on hit left hand whilst hold
ing his scabbard to his hip. and cut off two of
his fingers, glancing from the scabbard and
entering his abdomen, fracturing in i^s
course, the bone ubove the hip juint.-TVopic.