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t CHRONICLE Art: ? SENTINEL AIJGUi f A. ' i-.j 4 ■ —-—* TUESDAY MORNIKt FEBRUARY 11. - L ' y,- Our Patrons in W* Its *ill have an op portunity of paying their I I**»«ges to this office, to our Agent, Mr. Tao* ♦G. Thompson, who will beat the ensuing Sup Irior Court in \\ ilke*. Ifoateamer Liverpool 1 as to leave Liverpool on tht Both Jan. She nu be expected in about a week. Her new* will b« wenly-five day* later. The proceed* of the be efit for the wife and children of the late Henn J. Finn, at the Fre mont Theatre at Boston, n Monday, the 27th Bit. amounted to about 200. An Augusta (Maine) p .per, states that a man named James W. Wilder* claims the merit of having cut the figure heaq from the frigate Con stitution. The British ship of wa Cleopatra has captur ed and sent into Jamaica,i a Portuguese slaver, with 289 Africans on boa ,1. Paxas Lvaxii. —Th» Philadelphia U. S. Ga aette of Tuesday last say; • “We are informed that Thomas Duxi.ap, } iq., President of the Bank of the United Stab, |, yesterday made ar rangements for an advance ;to the Slate of $870,- 000 on behalf of that inst ijtion and such of the other banks as might unit; >in it, amongst which the Girard and Pennsylvz ia Banks have imme diately agreed to participaf to the extent of §IOO,- 000 each. Full provisit |is thus made fur the payment of all interest a \t on the public debt , at heme and abroad, and ;i new proof furnished of the sincere desire whic is cherished by our great State institution to uphold the best interest of Pennsylvania, and to j 'aintain har faith un tarnished.” | Correspondence of the 1 'harleston Courier. Wv kiHIWGTOX, Feb. 3. In rhe Senate, to-diy, debate on the report, against the assumption oi, j.he Slate debts, was continued. It was expec: U\ that Mr. Tallmadge would speak, and much i, terest was manifested in hearing him—but he <| ,J not rise. Mr, Clay, of Ala., took he floor, and, in a long speech, argued that a d ' tribution of revenue, whether from the lands *r any other sources, would be equialent loan: gumption, and that an assumption of the State d »ts, in any form, would be an outrage on the Cor, titution, and, in every way inexpedient. Mr. Crittenden spoke «y* the other side, and strenuously urged the pr.tijriety of distributing, among the >Siates, the priJecds of the sale of the public lands. He said h«twas always in favor of this measure, ami was sow the mote so t inas much as the States were lobarrawed.andI obarrawed.and needed the money. 1 A number qf memoria 1 were presented, pray ing the imposition of arr derate duty on impert -ed silk. There is reaso to believe that this measure will be general!;} called for, not only to encourage the production of silk at home, but to aid the revenue. In the House, the } intmg committee was chosen, viva vote ,-- and t consists of Messrs. Black, of Ga., Prentiss, t, X y. f Davis, oflnda., Kice Garland, of La., ar. i Evans, of Me. The first three voted for Bh, dk Rives as printers, but a majority of the Cm will no doubt be in favor ol reducing th prices of printing. two ballots were take; for Chaplain, but no election was effected. e ™ t#,nent s< M to prevail, in the Key-stone State, in reli ion to her banks The aprrehcnsioiithat the “G „ t Regulator,” and it. tender the "Girard " will be obliged to wind up, anotdil a speedy resum,,' ... of epecie payment, beqmred,.. very general It is r ort( .j hatahonld the law, fit „g ao carlv a da, a, the 15lh ot I eb„ for a rcaur ption, be passed, all the B.!', k !h m k' . Sta ! e mUSI: urr< '" dcr <h«ir charters. But, though the law rel red to has passed the wh-T’ * rg ‘ “j° very doubtful whether it can pass the Senate, where the Van Buren prrty have a raaj. ity of only one. If fur ther appears, that Gov. orter. and most of his counsellors are semi-con Jrvative, and will throw Itieir influence against t ;e law. .S^nJrt P f aS ’ it . W ■' create Sreat agitation, p *. hkely to spin he Demi cratic party in Pennsylvania, and give that State to General M asi ■ noton, February 4. t J r : f \*T n ''r he Sem 0r from ° hio ’ “Od bro ther of Arthur lappan. if N. Y., has been ac tio^iL not r 7 f ° rmer,y but recenl ly, of aboli- TT Ac }' ons *P™* than professions. Mr. 1 appan has, this da . cleared his skirls from e abominable thing, h a course more l>old and open ban any other Ser tor or member from any nomslave-holdmg State as yet taken 3 Mr. Tappan slated th he had received a nunv t*r of abolition petition- with the request that he would present them. I . said, he could not com ply w.th the request; ai Jhe begged leave to give hjs rea 3ons in ~u ll for , fusing to present them His reasinis he proce< led to give at length : and to prevent all m,stalls or misrepresentation, he read them they are luch as the South ap prove and have always ontei.ded for. When he concluded, Mr. Prest, a rose and expressed his sa n a J |r ededan ions of the Senator, and rlf a i views shou * d name of the South and our ** for the manly aud JSS C °" nt ? ’ occasion. Mr. C’alhout ml a taken on this ern Senators, came up , | N? d tT*' °^ T S^th * took him by the hand w. 8 seat » a °d Tl,i. incident i. the inoi ! irte.p— loc^m "‘ tlematTf ll" U the memory „f»||. Th mcend.ary abolition spe eh that I e.ef r " a d or heard, was one deliver*., hv this Senato M last vear-mreplv. iff ***** arigh t. to Mr Clay. It was no ord* iary declamation. The man was m earnest, an. well matured what he ZtJ ren,ember s he r. nark of a distinguished Senator-, he ,s makm a great speech.” The Ohio Senator sa.d be w| s going home te set a light on every hilj—tu . |J V his people. &c. But ,ight a . S * ‘hat he he is succeed I menld oblivion; and litical Dartv ' 111 Ivit^ua i the same po- S Z debated to-day!' Mr' v. T' 216 Dcllls was “S*** 1 * against the re’porL | J s^ke with others. I was uU , ln common speech, considering the u Z h In the brought with him. M C ilho. l UUtlon Mr. P. and the subject was pas ed over tVglve opportunity to speak ! - narrow. T he T ? ? Wami!»o*ojG February 6. \ Mr. Calhoun to day, made one ot hia most | i successful speeches in the Senate, on the report 1 against the assumption of the Stale debts. ! In uhs House, there was a great number of pe | titiorui presented on private and local subjects. | - From the Philadelphia Inquirer. We are indebted to the Merchants’ Exchange* ; for the following extract of a highly important important letter from Harrisburg. We also feel bound to state that the course of Governor Porter, i in tbU matter, meets with the cordial approbation !of the reasonable of all parties. The people have entrusted him with an office of the deepest ! responsibility; and so far as the credit of the State is concerned, he seems disposed to discharge his duty in a fearless and truly Pennsylvanian spirit : Harbisbcrg, Feb. Ist, 1840, > 12 o’clock, noon. 5 Governor Porter to-day sent a message respect ing the State loan. The Pennsylvania Bank | took 100,000 dollars of it; and answers from ail i the other Banks were received, declining to take any portion of it. The Governor recommends ' the Issue of State stock for the payment of mter ' est on loans, and suggests a lenient course of le gislatlon towards the Banks. He says : “I feel bound to say, regardless of any denunciations from any quarter, that I believe if too rigorous a system of measures he adopted to coerce the pay ment of all the liabilities of the Banks immediate- ! 10, the credit of the State must and will be se riously and disastrously affected. Let an assur ance lie given to the public, that at a certain and fixed day, within a reasonable time, such re sumption will take place, and that it will then be permanent.” Correspond nee of the National Intelligencer . New York, Feb. 3. 1 By an arrival from Canton, we have news to the 25th of September, a month and a half later than we have received before. The troubles be- i tween the English and the Chinese have become so serious that the British residents have been oblige ’ to leave Macao, and take refuge on board the ships of war, as we have before heard, via Singapore. The British trade with China was totally susjtended, and there was no prospect of • an adjustment of the difficulties without aid from England. The opium trade was still carried on briskly under the British flag. There was a j good deal of bad feeling between the Chinese - and the English, and some skirmishes had taken ) place. It was reported that several Chinese were J killed, and among them a Mandarin of rank. j Capt. Smith, commanding the British squad- \ ron, issued an order declaring a blockade of the < port of Canton, but afterwards revoked it. The j American trade continued without molestation, • i and several vessels were employed under high rates of freight in taking British manufactures to 1 Canton. The remonstrance of the American merchants respecting the blockade was the cause of its revocation; but when the East India squadron arrives, as constantly expected, it is not at all improbable that the blockade will be re newed. The news from Pennsylvania respecting the banks and the Governor and Legislature is ere- 1 ating something of a sensation in Wall street.— 1 New York, though a silent, is an intent looker-on. | Tiae dishonor of the great Key-stone State in , not paying the interest ($700,000) due on a part 1 of its debt on Saturday last is a melancholy com- 1 mem.ary upon the times. A delinquent State making delinquency a penalty is a novelty in < American history! I The stock market is flat to-day. Prices are J i all down very much. The course of Pennsyl- j vania is very dispiriting, and the news from Ea- | rope has not been favorable to speculation. Ex | charge on England is 108 to 108£ ; on France, * i 5,30 to 5,275. But few offering on j ; England. i The Mails East are very irregular. The New England newspapers reach us at long intervals. A large Public Meeting has been held in Boston* upon the subject of the destruction of the Lex ington, which resulted in the appointment of a committee of fifteen to investigate the cause of steamboat disasters. j I Correspondence of the Philadelphia N. American. New York, Feb. 3, P. M. There is rather more doing in Cotton to-day jat shady prices. A cargo of Southern Corn sold at 62 cts. 561b5.; Flour firm, but dull. Stocks just about as on Saturday ; United States Bank ! sold at 74. I Domestic Exchanges. —Philadelphia bills, 6 ; ! Richmond 7; Charleston 2s; Savannah 8a 9; j Augusta 9 a 10 ; Macon 9$ a 10 ; Mobile 7 a 7J ; I New Orleans 3$ a 4. A remarkable case of dropsy occurred on the person of Ann Stiles, of Windsor, Conn., aged 49, who has recently died. The disease com menced in 1830, and since that time she has had seventy operations of water drawn from her, weighing 3115 pounds, nearly 12$ barrels. More Suspensions.—A great many of our i I subscribers have “ suspended” payment—at least ! !to the Printer. Some of them have gone to I | Texas “to look for land.” We hope they will be | “ suspended” so they can take a good “ high” look at the “ surrounding country”—that is to say, we hope they may have “more elevated views” th in ever they had in this country or, in other words, we would be pleased to hear that ! they have been “ exalted” according to their de | ser,s m which case, d—n them, they will be | “haltered for the better.”— HA!y Springs Re i publican. s | The Afric ans—The fact stated in this paper that an appeal had been made, from the late de cision of Judge Judson, in behalf of the Afri cans, by their friends, we are requested to say is incorrect. We had our information from a re sponsible source, and supposed it to be true. It was, no doubt, premature.— New Haven Herald, The Mist.-—The branch mint in the city o* ? r P^ 16, has Slnce commenced its opera* I lions last December, coined : 160.000 halt dimes, 18,000 half dollars, 130.000 dimes, 9396 quarter eagles. Making in all, 317,396 pieces. CCHE FOR R HE F M AT, BR. W, see the f„|| ow mg recommended lor the cure of this annov! complaint: “Spread raw cotton, about one ot an inch thick, on a piece of flannel, suffioi em]v largo to cover the part aflecled. Qmlt the cotlon to the flannel, an a» to cause it to remain spread. When applied it will produce relief in*atery short time.” From the New Orleans Bulletin. Separation of the Fioridas. \ proposition is now before the Senate ot the United States for the division of Florida into two States. Many reasons arc urged for carrying this measure into effect. The Territory is amply large enough to form two States. At present Us boun daries are more extensive than any single State in the Union. Mast Florida alone, it is estimated, contains as many acres as the whole of Pennsyl vania. The scope of the district west of the Su wannee is equal to the united terrilory of Massa chusetts and Connecticut. There can be no diffi culty, then, on the score of a lack of land enough to constitute two States. Another strong argu ment in favor of the arrangement, is founded on the wishes of the inhabitants themselves. The population of West Florida is much the most numerous —the settlements are more compact, an the facilities are mnch greater for carrying on an organized goverment. —The Eastern province is sprinkled with a few settlements, scattered far and wide over a large territory. The country is now the theatre of savage war, and promises to be ‘the dark and bloody ground’ of the South for some time to come. The innabitants, for these reasons, do not feel able or willing to maintain an inde pendent State government, and prefer romaining a while longer under the shelter of the Executive arm. There are natural boundaries to the prov inces which indicate tbet they should be kept sep arate and distinct. It may be difficuU to suggest the reasons which induced our general govern ment to blend them in to one. L nder Old Spain, our impression is, they were separate colonics, un der sepaiate colonial governments, and were dis tinguished by different names. Motives of econ omy may have led to place the whole of Florida under one territorial organization. Now, howev er, since one section has acquired the ability and manifested the inclination to support an indepen dent State constitution, we see no objections that can be urged with justice against the arrange ment. Notwithstanding this, a strong opposition may be expected. The Northern States are jeal ous, and would dislike to see the power of the South augmented by the division of one slave holding State into two. The division would give the South two more votes in the Senate than it would have otherwise. This fact would have more weight than a thousand good reasons in ar raying against the measure the whole abolition strength in Congress. In spite,- however, of all the outcry that politicians, blinded by prejudice and fanaticism, may raise in opposition, the dic tates of common sense and justice, will compel the Union to make the concession to the South. Two new States in the North are already apply ing for admission. Others, it may he expected, will soon follow. To keep up the balance of pow er in the confederacy, it would he wise to provide against the preponderance of Northern interests, by the creation of two new States out of the only Territory remaining in the South, thus creating East and West Florida into separate Federal sov ereignties. From the Charleston Courier. The State of South Carolina. In the Court of Chancery. January Teh*, 1840. Perris Pell, et. al. vs. E. O. Ball , et. al. Johnston, Chancellor. The admirable preparation and argument of this cause have enabled the Court to form a judg ment, satisfactory to itself, at an early day; which, at the earnest solicitations of the parties, it has tens to announce ; although, for itself, in a mat ter so important, it would have desired further time, and better opportunities than the hurry of term time admits of for assigning the reasons of its decision. The case belongs to a highly interesting head of law, upon which there is. as yet, very little of positive decision ; particularly in the common law Courts. I refer to cases where some right is made to depend upon the question, which was the survivor of two or more persons, who have perished, by the same calamity. Much, I may say, every thing, depends, in my conception, upon two considerations: First, The nature of the calamity, itself—it is open to ob servation and evidence, or is it withdrawn from all scrutiny, and consigned to conjecture 1 Se cond, The nature of the right dependant upon the survivorship—is it mutual, or is it of such a na ture that it one of the parties happens to be the survivor, he deserves nothing from the other, but simply retains what before belonged to him; whereas, if the other had been the survivor, he would have had an accession from the deceased 1 Where the nature of the calamity is entirely unknown, it would seem, at first view, that there are no rules of reason, or of law, by which the case ran be decided ; and yet, as there are cases of this description, in which there must be a de cision—in which a refusal to decide, would be a decision • so there are rules, applicable to some of them, very well known, particularly to the common law, by which a decision, entirely con sistent with reason, can be made. I allude to the rule which must, without contest, be applied to a case where the persons, upon whom the right depends, may h-.tve gone abroad, and have not been heard of for such a length of time, as to raise the presumption of their death. The cir cumstances under which they perished are whol ly unknown, but the rule is well settled, that the last seen or heard of, shall be judged the survivor. \ et there may be cases of absentees, in which the rule mentioned cannot be applied : as where both parties emigrated together, were last seen to gether, or were last heard from at the same time. 1 his would reduce them, within what, in the ar gument, has been called the conjectural class.— here are other conceivable cases—not only con ceivable, but which, indeed, not unfrequently oc cur, where, although the nature of the calamity, is inferred with a high degree of probability, yet t e priority of death among the victims is conjec tural: as where they have sailed in the same vessel, which is known to have been lost, leaving no surviving witness, or has never been heard of. I here are other cases, still, where the nature of the calamity is well known, where, indeed the catastrophe has happened within the view of ma ny witnesses—where the survivo ship must i*. left to conjecture ; as where the victims were in closed within a house, and perished by a sudden explosion. Now, it is admitted that, within this category the English and American courts have heretofore carefully avoided the adoption of any rule of de cision. The cases have gone off on compromise or we?e decided upon a rule adapted to the ques tion before the Court, and not the question of right as transmuted by survivorship. Thnc W-BUck.Rep. 640.) where General tManwix, with his wife and a daughter by a former marriage, sailed from Dublin for En’ gland, in the same vessel, which was never after wards heard of, the question was—who was enti tled to the administration of the General’s estate his next ot kin. or the maternal uncle of the daughter who had perished ? For the maternal uncle it was contended, that, in analogy to the c.v.l law. it should be presumed tjiat the daugh ter survived the father. But the Court held that the question before it, concerned the right of ad ministration only, and not the right of distribu eh , % £ fa , VOr ° f the next of ki « of J®, ' V 8? m p aylor 0 T - Di plnck, (2 Phillirn: 261- s Ecclcs - Rep. 259,) where a husband appointed his wife Executrix and residuary Leg atee, and both were subsequently shipwrecked to gether. and drowned, and the contest w as between the next of kin of the husband, and the next of t kin iff the wife. The evidence left it doubtful, which of the parties survived, upon which the judge granted administration to the next of kin of the husband ; remarking: lam not deciding that the husband survived the wife.” Tnere are yome observations in the opinion of the Court, which do bear upon the question of urvivorship, and intimate that as the wife’s kindred claimed administration, on the score of survivorship, they were bound to prove it. But the closing remark of the Judge shews, I think, that in questions of administration, the Court does feel itself called upon to undertake a very exact decision of the case of survivorship; the right of distribution being always left open. So, also, in Wright v. Sarmuda (2 Phillirn. 266, [note] S. C. I Eccles. Rep. 253 reported also under the style of Wright v. Netherwood, 2 Salk, 593, (note) where the subject of survivorship was somewhat considered, the iudgment was given on the real question be fore the Court, which was, whether a will, made by Nelherwood, was, under the circumstances, revoked by his subsequent marriage, and the birth of issue. In the case of Selwyn, (3 Hag. 748; 5 Eccles. 3 Rep. 254) where the Court treats somewhat of the same subject of survivor ship, in conjectural cases, the question was as to the right of administration ; and it was granted to the applicants without objection. I think I may safely conclude, that (as observ ed by Chancellor Kent; 2 Com. 350, part 5, Lect. 37.) “ the English law has hitherto waived the question.” lam not, however, prepared to abandon, as delusive, all efforts to attain rules, ca pable of deciding the fact of survivorship, even in cases denominated con ectural. I have said, that there are cases where, owing to the quality of the right, depending on the survivorship, the exigencies of society demand a decision, and will take no denial. Where the right is not mutual, it may be safest, and perhaps in such instances, the rule should be, as stated in some of the cases, to which I have referred, to abstain from any thing approaching to conjecture, and leave the right untouched, unless it can be shewn by rea sonable evidence, that the party who is to take derivatively, was the survivor. But there are in stances, such as cross remainders, and partner ships, and such as would have arisen on joint ten ancies before the abolition of the jus accrescendi, (as in Broughton vs. Randal, Cro. Eliz. 502) where there must be a decision, and to which the rule just mentioned cannot be applied, without in fact deciding for one of the parties, and against the other, by refusing to decide at ail; and where indeed that may not be the only consequence.— I should, therefore, be loth to admit, that our law is not capable of reaching, and deciding these cases, and all others, which the peace and order of society require to be determined. And, in deed, there will generally be found something in the condition of the parties, their age, strength, health and habits, which will in some degree at least rescue the decision from the imputation of rash conjecture, and place it rather upon the foun dation of evidence and probability, than tremu lous presumption. But where there is any evidence whatever, even though it he but a shadow, it must govern in the decision of the fact. There is nothing which more distinguishes the common law, than the preference which it constantly gives to evidence, over all artificial presumptions, unless it he those which are essential to the judicial institution it self, and to the preservation of social order. The common law encourages a resort to every fountain from which truth can be drawn; it listents to wit nesses ; it looks into the internal evidence of things; it contemplates the whole of the circum stances: and then draws its conclusions, according to the preponderating probability. This is the rule of reason, which has a place, and is of the essence of every code, in every country. Thus in the Code Civile, (liv. 3, tit. 2. no. 720.) it is provided that if several persons en titled to inherit from each other, happen to perish in the same event, (to which the Louisiana code adds, byway of illustration, “such as shipwreck or battle or conflagration.” p. 298 chap. 4. art. 930) without the possibility of knowing, which died first, (here is the primary proof) the presump tion of survivorship is determined by the circum stances ofthc fact; (here is the secondary proof,) and in default of these (the internal circumstance or circumstances of the fact,) lastly by rules en acted in the code, as applicable to cases of a mere conjectural character. If the case is divested of proof and the exigen cy demands it, resort should be had to extraneous circumstances. If it contains internal evidence and no more, that must be resorted to : but if to this witness can be added, bearing positive testi mony or detailing facts, from which reasonable inferences can be drawn, these furnish the most satisfactory proof. In what I have said hitherto, I have contem plated a case, where the cause of death consisted of one disaster, whether of more rapid or of slower operation. But where the danger consisted of a series of successive operations separated from each other and each capable of inflicting death upon the victims according to the degree of the expo sure to it, there is certainly more scope for testi mony, and for inference, from circumstances, than in other cases. Let us now turn to the case of Mr. and Mrs. Ball, and see, if from the mournful circumstances of their fate, we can extract any thing, to solve the important question, to which it has given rise. Ihe Pulaski, according to the testimony, left Savannah on Wednesday the 13th of June, 1838, wito many passengers, and arrived at Charleston that evening. The next morning, Mr. and Mrs. Sail, their adopted daughter Emma, and servant, having gone on hoard at Charleston, she departed or the North, and pursued her course, until about 11 o’clock of that night; when, most of the passengers having retired to their berths, the star board boiler exploded. By the explosion, an ex tensive breach was made on the starboard side of the vessel. Her main deck was blown off, par ticularly on the starboard side, thus destroying the communication between the forward and after part of the steamer. The forward part of the up- I per deck, (called the hurricane deck, in contradis tinction to the after part, which is called the pro menade deck.) was blown off, carrying with it the wheel house, in which the commander of the boat, Capt. Dubois, was sleeping at the time. 1 he gentlemen s forward cabin was much torn- its floor ripped up, and its bulk head driven in- and Major I wiggs, whose berth was there, gives us reason to suppose that many perished in that part of the vessel by the explosion. The gentlemen’s after cabin (which was under the main deck, and -mediately beneath the ladies’cabin, which was on that deck) was also injured. Some part of the floor was ripped up, the bulk head partly driv en in, and the stairs communicating with the decs, more or less shattered. The vessel was careened to the larboard, and as she dipped, began instantly to fill with water. In a very short tfrr.e the hold was filled, and the water gained the lev el of the floors of the gentlemen’s cabins. It rose higher with great rapidity; the vessel settled to t t W C h ntre ’ Ti h t re t ! he b T° h Was ’ and aM hope that she could hold together was abandoned. She parteu amidships, and the forward and after par's pitched into the water towards the centre, Lt an i 3 26 ° f ” ear, y th,rt y d «*rees. The gentlemen’s i after ca b» n was now entirely filled, am j the for _ ward cabin was certainly in as bad a condition There were some persons on the forward part of V,T ’ " ear ’ y aU ° f seedily perished bm the greater portion were in the after part in' eluding one or two who had passed bv ming from the forward to tl e after part Os ik'™' on the after part, as many aa eouldclimhcd promenade deck, but there were many, mat ° la' Tbt:- deeper and deeper retreated along the ga^-way. I by the lad,.*' rahtn, toward, the .till The promenade deck, by the action of the waves, was burst from the top of the boat, and was submer ged. with all that were on it. Whether the stern of the boat was submerged at or after this time h uncertain. Some of the witnesses think it was submerged even before the promenade deck, oth ers that it was not submerged at all. All these events had taken place, according to most of the witnesses, in about from forty to fifty minutes, ac cording to others, in less time. Some few escaped in boats, others on parts of the wreck, and others on rafts constructed by them as they could, amid the horrors of the im pending destruction. Os Mrs. Bail nothing is known after the sub merging of the promenade deck, nor for some time 1 before. ° Before that event, her cries were hoard by one witness, who had gained the promenade deck, as they proceed'd from the place she still occupied on the deck below. No witness speaks of her afterwards. Within a few minutes after the explosion, ac cording to one witness who knew her, she came out of the Ladies’ cabin, and began to call upon her husband. The scene was one of terror, as may be supposed, but although a crowd was in stantly gathered, at that part of the vessel, there was not much noise. The surrounding horrors seem to have subdued the sufferers, and in mute astonishment they contemplated the fate, which awaited them. Even the wheels had stopped. Nothing but the sound of the waters, which were somewhat disturbed, and the hasty exclamations of friends, as they sought each other out, and the noise occasioned by such preparations as the more active and prudent felt themselves called upon to make, for themselves and others under their charge, were heard. But the voice of Mrs. Ball was heard above all others, calling upon her husband. She ran forward to the chasm, caused by the explosion; retraced her steps; and contin ued to traverse the starboard gangway in search of him, uttering his name in tones so elevated by her agony, that it reached most parts of the vessel, and seems to have made an indelible impression upon all who heard it. Her cry, according to one witness, was a cry of bitter despair and anx ious enquiry ; and, according to all, it was lifted in shrill tones, carrying an irresistable appeal to all hearts. Mr. Ball was neither seen nor heard. Mrs. Ball was heard by all, and seen by many, but no response was heard to her cries, nor was any one seen to approach her, for her protection or conso lation. Two witnesses, who knew Mrs. Ball, saw her, but. did not see him. One of them pass ed and repassed her, in a hurried manner to be sure, but did not discover him. He was neither seen nor heard after the explo sion, unless he was the person referred to by two witnesses, who state the following circumstance. Very shortly after the explosion, a boat was let down on the starboard side of the steamer into which some persons descended. As the boat was lying below, some gentleman came to that side of the deck, and throwing a coat into the boat, called to those in it to hold fast a moment, and instantly disappeared. He never re-appeared, but the next day the coat was found, to be a black dress coat, of a large size, (such was the size of Mr. Ball ) and in one of the pockets was discovered a shirt collar, on which was written the name of Ball, with some initials, which the witnesses have forgotten. Now, these arc the circumstances of the case. It is not a case of an unknown calamity, nor of one withdrawn from observation; nor is it a case where the calamity was of instantaneous op eration. It is a case for testimony and to be de cided on testimony. I incline too to the opinion, that as the right, on the part of Mrs. Ball, was derivative, and without mutuality, the burden is on the plaintiffs, who claim tnrough her. to prove that her right vested, that she was the survivor. Without con sidering it necessary to decide that this is the pro per rule here, I shall undertake to be governed by it. No conjectural inference, no inference ex cept from evidence will be drawn on behalf of the plaintiff. They must make out their case, or the rights of Mr. Bell will be permitted to remain as they were. But because the plaintiffs are to prove the fact of survivorship, it does not follow that they are to prove it to demonstration. All reasonable in ferences will be drawn from the best evidence, suggested by the case; and although at last we may be far from arriving at any thing like cer tainty, although, indeed, there may remain much obscuri y and doubt, yet if we have evidence on ly sufficient to lead us out of the regions of con jecture, we must follow it. I shall not, (because it is unnecessary) resort I to the bare fact, that Mrs. Ball was the last per j son seen, or determine whethei that alone is not sufficient to raise a presumption, in analogy to the doctrine which prevails in cases of absence. I incline, however, very strongly, to the opinion, that where the evidence has traced the parties into a common danger, which proved fatal to both, the last one seen or heard, with the opera tion of the cause of death, must be adjudged the survivor, unless there be something in the nature of the circumstances to rebut the presumption, or render it inapplicable. The analogy to cases of absence is very strong. The proof here that the death has occurred stands in the of place of time; which is employed only as that the parties have | died. When they died relatively may he judged j °f * n this case, as in that, by considering which was last knowm to be alive. I prefer, however, to put the case upon the ground of probability, arising from the evidence; upon a belief engendered by a combination of the circumstances; and upon the superiority of pos tive proof, over conjecture or over probability. It will be remembered that the explosion pro duced its most fatal effects in the gentlemen’s for | ward cab,n ’ and that was the first part of the I vessel , whlch submerged. That the alter cabin ; was also much injured. That from the forward I ca ),n man y persons never escaped. From the ! a J, te 1 r ? abln ’ 80 far as w e know from the evidence, j all did escape except Judge Cameron, an infirm old man. But from the description given of its j f ondltlon * it is possible that some others may have been detained, eith r from being hurt, or j otherwise, until the cabin filled. ! . 11 is c f riain that Mrs. Ball escaped the explo i sion. Is it certain that Mr. Ball did 1 * \ rri Alr - Ball engaged a berth in the after cabin.— Ihe probabiliy is that he got it, but this is far i from cer tain. I he boat came with many passen -1 fro £ ava nnah, which may have occasion ed Mr. Ball to have hevn displaced and transfer [f^. t ? rWar(l - 1 th,n *’ however, it is not probable, •! he was so transferred, because by an arrange - ■ pf Ut . between the Agents at Savannah and ? at | Charleston, they were entitled to let the berths | >n alternate order, throughout the boat; and we | know that some of the passengers, who came trom Savannah had not the advantage of preoc | lhe after cabin, and that some of the i wc,e iot in, ° «b». ; B„; fhJ c t ’ r’-rr r baw * in ,ha > «■*„. I “j ';'. " pO'Wbility that he was in the for | the exnlnci' J the Srcatest danger, from j the explosion. Nrs. Ball was clear from that danger certainly, Mr. Ball only probably. Here rr eX 6 ,. forto d ~" <’ L Supposing that Mr. Ball was in the after cab. ■ in. Jhe prohabil ty is that he was not killed v he explosion. The certainly is that Mrs Ball was not. But the condition of that cabin* as described by some of the witnesses, counted with the fact that at least one man was not able to escape from it, before it filled, renders th. struction es Mr. Ball in that piece visionary supposition. J dns a Here was another chance for Mr Rall’o i rr ,M ’ fromwhich On the deck. We know that Mrs £5.1, there, as yet uninjured by the explosion t t ing of the cabins, and all proceeding d,', from which many had already perished. Ta' certain. Is it certain that Mr. Ball had h»h *** escaped, and was the person who threw m ierto into the boat 1 It may be that he was th/ C ° at I think it hardly probable. I shoul/ / 3n ‘ thought that he was the man, if he had h ee ” ave at any time near his wife, or had answered i/ een heart rending calls. But it is more probahl/ ' er some one else, in the hurry of the moment I have mistaken Mr. Ball’s coal for his : thrown it into the boat, than that an affect’ 1 husband and brave man, as Mr. Ball is pro/T* | have been, should have heard such anno 1 l ° * were made to him, by his wife, and sho /f 38 j such a time as that, have failed in his j/. 81 ! her. ' lo We are sure that she was there. I th’ t I was not probable that he was. Ifl * | We have indubitable evidence that she h 1 I : far escaped ; the same evidence, with a j force which cannot be resisted, convinces a? he must have already perished, or he would h* been by her side. “ av * Here arc circumstances, some of whi -h i our nature shall be utterly changed ~a r, " i , ,T ~ cannot welt j deceive. Here is a combination of circumst/ ces, all tenumg to the same conclusion • an I 1 though some of them, by themselves are n * ’ forcible, yet when it is seen that they all h ‘ ize, the effect must be to beget bel J' I have, from all these considerations f orm the opinion, that, Mrs. Ball survived her 1 band. It remains to consider the effect of thisf upon the distribution of the property, under!/’ will, and by operation oflaw. * tfle The legacies must be disposed of, as p rov j,j a for in the contingency which has f the testator’s death without leaving issue, s’ °l as have lapsed must be distributed, (f or want of residuary clause in the will) as intestate "prone * ty between Mr. Ball’s wife, and mother; acc j, r j’ ing to the construction put upon the acts of 1791 and 1797, in the case of Trapp v. , n M. C.ch. R. 403.) ‘ 0 * The legacy to the adopted daughter, Emma clearly lapsed, and is so distribuiabl ■. The interest in the crops, as defined in the i will, given to Alwyn Ball, in conjunction wi/ j Elias O. Ball, does not lapse by the pre-decease of Alwyn, but vested, (according to the caseo* Percival v. Thomas, recently decided,) i n £[;„ O. Ball as survivor. A question has been raised, though not arg u . ed. whether the half of the crops, as defined in the will, given to the wife, and in the event, which has happened, of her dying before Nonas’ ma jority, limited over to the brothers of the testator until another event in the will described, is to be considered lapsed, and intestate, after that time The impression of the Court is, that it does not lapse, hut that there is evidence of a strong inten. tion on the face of the will, tha* this half should follow the disposition made of the other half. Another question was suggested, whether if it should turn out, that the testator devoted anr portion of the money acquired by him, in conse quence of his marriage, in the purchase and im provement of other property, specifically bequea thed by him to his wife. (Vfcpshew and its plea sure grounds, for instance,) the amount so expend ed, should not be deducted Irom the amount to which she would have been entitled as having come to Mr. Ball through her. As the point was not argued, I can only say, that I cannot call to || my mind any authority or principle, upon which Mrs. Ball would not be entitled to the whole. * It must be referred to the commissioner to lake the recounts, and to report a proper mode ot ma king a settlement upon Mrs, Taveao, of what she may recover in this case, according to the prayer I prepared in her answer. In closing this judgment, I cannot sufficentk testify my respect, lor the honorable dispositions | manifested by all parties. An appeal to the law was made, only because the minority of some of 1 them rendered a compromise difficult if, not im- 1 possible. It is not a case for costs. Let the costs be paid out of the Estate before distribution, and deducted from the amounts coming to the parties rateablv. J. JOHNSTON. •The will of Mr. Ball bequeathes to Mrs. Ball all the property he acquired by his marriage with I her—Ed’s. Cour. COMMERCIAL. Latest dates from Liverpool, Dec. 25 JB Latest dates from Havre Dec. h B AUGUSTA MARKET. Cotton. —The receipt of accounts from Liverpw I to the 25th, has not affected oui market for thisx I tic eat all—it still goes off freely at the prices * I last w’eek. We now quote sto cents as tit 1 extremes of the market. Freights —ln consequence of the rise in the f river freights to Savannah are down to $1 per bale; to Charleston, b}’ Rail Road, 4 cent for squire bales and f for round. From the Savannah Shipping and Commercial List\ February 7. Cotton— Arrived since the 31st ult 15046 bale* | Upland and 538 bales S I Cotton, and cleared at tti* I same time 1029 bales Upland and 242 do S I Cot I ton, leaving a stock on hand, inclusive of all c- I ship-board not cleared on the 7th inst, of 32$ I bales Upland and 1493 bales S I Cotton. The river 1 having risen, the the Upland this week ; has been large, and being likely to continue so » r | some time, holders have been willing sellers at a I concession of 4 a in all qualities below good fab; §j the scarcity of shipping and consequent huh rates 1 of freight, have exercised a depressing | the value of the article. The sales co nprise of l| bales, viz: 14 at 24 at 62; 15-: at 7; 41 at 7| ;72 at 72 at 7£ ;41 at 8; 112 at 8£ ; 618 at 203 at 8 9-16; 481 at 8f ; 567 at 8|; 1/2 at Sfi I 406 at 9; 129 at 9$ ; 121 at The business » 1 S Island amounts to 188 at former rates, vi*-' 1 4at 20; 16 at 21 ; 17 at 21 A ; 26 at 22; 6at 2»i ■ 57 at 23 ; 15 at 234 ; 20 at 23j ; 27 at 24. ft Receipts of Colton at the following places ( October Ist. 1839 1838 Georgia, February 7, 97591 I South Carolina, January 31, 125986 102103 I ■Mobile, January 25, 49345 ' New Cleans, January 25, 405316 2155-J Florida, January 11, • 8547 igj I North Carolina, January 11, 3134 JJJ? V irginia, December 4, 6000 6992 i 9 505571 I The following is a statement of the stock 0 r ton on hand at the respective places named- Savannah, February 7, 33546 South Carolina, January 31, 19887 Mobile, January 25, 23305 New Orleans, January 25, 111394 Virginia, December 4, 1500 North Carolina, January 11, 1000 . j Augusta & Hamburg, Jan. 1, 35000 © i Macon, February 1, 44477 % f i Florida, February 11, 3250 j Philadelphia, January 25, 1350 New York, January 22, 14000 1 288709 | Dice The demand for this article throughout I week continued good at the full prices 0/ l»* l v i The principal sales have been from a r * * Flour Is dull, and we have no r | to notice. Sales of Howard-street at 7* • at $8 a Bi. . I Corn —ls retailing from stoftjit 65 a 70c, a fCl ing to quantity. v $ i Groceries —ln Coffee, Sugar, and Molasses, > £ retail business doing. Sales at auction of , N O Sugar, a good article, at soj as|; • O Molasses, at 30 a 3!c; 300 bags Cuba i from store at 10 a llj.