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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.