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THURSDAY MORNING,
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MONTHS.
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ors an 1 Creditors ol an Estate, for six weeks.
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the usual deduction.
{i —pa i ctters on business, must be post paid>
to entitle them to attention.
WM. RABUN SHIVERS,
ATTORNEY AND COUNSELLOR AT LAW,
COLUMBUS, G A .
Will practice in all the comts of the Chattahoochee
circuit, and in the adjacent counties in Alabama.
March 4 4 J 5
McDOUGALD & WATSON,
ATTORN IES AT LAW,
1 if Columhiu. Georg a.
’ W G. M. DAVIS,
ATTORNEY AT LAW,
Apalachicola. Florida.
PRACTICES in the Courts of the Middle aru
Western Districts, and the Court of Appeals
Refers to Hon. J. S. Calhoun, John Fon
taine Esq. and S. R. Bonner, Esq., Columbus
Georgia. hi-.Ci,
E. H PLATT,
ATTORNEY AT LAW,
(Cuthbert, Randolph County, Georgia.)
Wild, prom p'ly attend to any httsiri ss entrusted
to his care in the co nties of Stewart Mari
on, Randolph, F.ailv. Decatur, Baker. Lee, Sumter,
Macon and Dooly, Georgia, and Russell and Barbour
of Alabama.
i rFF.MKCKS :
Columbus—Hon. T. F. Foster and Colonel John
Banks.
Lexington—Joseph Henry 1 umpkin, F.sq. B. F.
Hardeman, Esq. Lewis J. Dupree and George F.
Platt.
Washington—Hon. Garnett Andrews.
Macon —Col. D C. Campbell, Jerry Cowls. Esq.
Forsyth—Messrs Dunn & Marlin.
Thorna-ton —John J. Carey, K.sq. T. R. Bethel.
Apalachi ola, Flo.—William G. Porter, Esq.
Charleston, S C.—William Harris.
New York.—Mes-rs. Collins, Reese &. ITo.
M arch 11 ‘ 5 ls
“law.
THE undersigned will attend tothe PR ACTTCV
OF LAW, in the name of JONES & BEN
NING.in most of the counties of this Circuit, arid a
few of the adjoining counties of Alabama. 1 heir
Olfice will be found near the Oglethorpe House.
SEABORN JONES,
HENRY E. HENNING.
Sept. 16.1839. 33 __tf
LA W.~~
THE subscribers having connected themselves in
the practice of LAW, will attend all the
Countv Courts of the Chattahoochee Circuit, and the
adjoining counties of Alabama. Office in Mclntosh
Row, immediately over Allen & A outig s Store.
’ 3 ALFRED IVERSON,
June 14. 19if J. M. GUKRRY.
LAW.
MR. AUGUSTIN S. WINGFIELD having
taken the place of Judge Taylor, in the la e
firm of Taylor & King, ihe business ill future wC lw
conducted under the st vie of KING& ‘A I NG FI ELD,
their address being Fort Gaines, Early County. Ga.
King & Wingiield will practice m the following
counties, viz :
county. principal towns.
Randolph, Cuthbert,
Decatur, Bambridge
Baker Albany & Newton,
j ie6i ’ Palmyra & Starksville,
Dooly, Drayton,
Macon, I.anier,
Sumter, Americus,
Stewait, Lumpkin,
i? ar | v Fort Games x Blakely
ALABAMA.
COUNTY. TOWNS.
Henry Abbeville and Columbia,
Barbour lrwinton and Clayton,
They beg leave to refer to the following gentlemen,
Vl/ Milledgevili.e —His Excellency, Charles J.
McDonald. Iverson L. Harris.
Columbus —Hon. Marshall J. Wellborn, Frank
lin A. Nisbet.
M VCON . Messrs. Poe & Nesbit, Nesbit, Hines &
Blake, Col. H. G. Lamar.
Fort Gaines. — Hon. William Taylor.
Palmyra. I.ee Co.—Hon. l.ott Warren.
Grfensborougit.—Hon. William C. Dawson, T.
& J. Cunningham.
Irwinton. Ala.—John Gill Shorter, Esq.
St Joseph. Fl.a—Wiley Mason Esq.
Apalachicola. —Messrs. Lockhart k Young.
March 11
MEDICAL
DU SCHLEY will continue the practice of Me
dicine. Surgery, &c. Office -W he old stand ot
Chinlev & Schlev, on Broad Street.
J„)y 23 1640. 24 ts
REMOVAL ~~
DTI. JXO. J. B. HOXEY, has removed ins of
fice to the room over the store of T. A. Bran
non. a few doors above Taylor and Walker’s, and
nearly opposite Coi. John Batiks’ Drug Store.
Jan. 12. -* ,tf
STOLEN,
FROM the subs*tiber. in this city, on the night o
the 23J ult. 1m POCKET BOOK, containing
the following described notes t.. wit: 1* tve notes l.n
$-15 each, signed bv Asken. <-eorge W . Dal
las, an.) Brva.it S. Mangham. secnr..y.w.th a credit
on one of §ls; and one note for t>3o. on \\dlis Kirby,
the five first notes payable lo Lodowak Maihe> o.
bearer, due 25th December last, date not recollected;
the last note payable to the subscriber, and dated am
due within the month of February.
The makers of the above described notes are notifi
ed not lo pay the same to any other person than my
self and a reasonable reward will be given lo am
person giving information necessary to obtain them
as also to discover the tWit T.
as atso to o MATTHEW BURNSIDE.
of Russel Cos. Ala.
March 4, IS4I 4 ’’ !
CAUTION.
I HEREBY caution af person* from trading for
six promissory no - *iv to J- bn Wesley W har
ton , three due on tin- D -f D CM.b-r lL amount
70 dollars ; tie *•,-> fed:, n- 2 .th December
s,id„o..,r Zanders
* *
THE COLUMBUS TIMES.
SPOILER! SPARE THE OAK.
On hearing that it was in contemplation
sometime ago to break up “Old Ironsides,”
Oliver Wfindall Holmes, of Cambridge, in
Mas sachusetts, poured forth the following soul
stirring effusion. It has not its superior in as
many lines of American poetry :
OLD IRONSIDES.
Ay, tear her tattered ensign down !
Long has it waved on high,
And many an eye has and .need to see
That banner in the sky ;
Beneath it rung the battle shoift,
And burst the cannon’s roar :
The meteor of the ocean air
Shall sweep the clouds no more !
Her deck —once red with heioes’ blood,
Where kriea the vanqush’d foe,
When wnrds were hurrying o’er the flood,
And waves were white below—
Nu more shall feel the victor’s tread,
Or know the conquer’d knee;
The harpies of the shore shall pluck
The Eagle of the sea!
Oh ! better that her shatter’d hulk
Should sink beneath the wave ;
Her thunders shook the mighty deep,
And ihi re i.houid he her grave:
Nail lo the mast her holy flag,
Set every ihreadbare sail,
And give her to the God of Storms,
The lightning and the gale !
From the Savannah Georgian.
GEORGIA HISTORICAL SOCIETY.
We were one of a crowded and delighted
auditory on ‘Tuesday evening, to hear ihe lion.
R. M. Cl a Iton.
‘The immediate subject of his discourse
were the deeds of the gallant Jasper, whose
hle-blood moistened tiie soil of our city in one
of the contests ol lhat Revolution whose dawn
was so auspicious to the admirers ol the moun
tian nymph—Liberty.
Not coulinmg hunseii to those daring incidents
in the bnel but eventful military career ol the
gallant son of Ireland, ol “dial,” to quote the
language ol the orator, “nursery of stout hearts
&. strong hands, that garden-house of beauty
and chivalry and valor”—he took a discursive
range turough the rich fields of Ins creative im
agination, and like the bee, extracted* from ev
ery flower of his bright mind those sweets of
poetic lancy, winch blended, seemed to heigh
ten the rich flavor with which the taste ol his
hearers was charmed.
Hi was not limited by rules, but strayed
over bur.ed glories of the past, the fond and
endearing realities of the present, as well as
the rich aißepast of the future.
“Ah, how dear,” said he, “Lo our hearts are
the rec. dkc ions, w hich come thronging on
the brain, cfwell beloved companions, ot the
joyful scenes of Jove and chi id hood, ot the hours
when ilmt arch deceiver, Jove, first cast his
spell around us; and even of the sorrows,
w hich now that they have been softened down
by time, no longer seem to us like the dark
sky and the howling storm, but rather like the
fleecy chtud, which shadows, but does not
conceal the brightness of the sun. The grave
over which we hung with intense and hitter
lamentations, gives up its dead, and again in
all their beauty and loveliness, tne forms and
features ol our loved ones, present themselves
before us; the snide we delighted in, beams
once more upon us, the hand now cold in death
grasps us wit It its wonted warmth and affec
tion; i lie voice whose melody made our hearts
to leap within us again salutes us with its
gentlest accents. The spell is upon us the
darling spell of memory, and entranced and
over joyed, we sit and gaze until some passing
sound has nroused us from our golden dreams,
and memory, with her phnntontrain, her tieas
ured visions, her fairy palaces, lades from onr
sight, leaving us to the stern realities of the
present, or the happier anticipations of the fu
ture.
“ I remember, I remember,
When my life v> as m ns prime,
Yet unloucii’d and uncorrnpted
By t lie b:ight ing liamt of Time;
When the flow’ret and ihe sunshin ■,
Were companions of each scene,
And hope was in its vigor, then,
And pleasure in its green,
“ I remember. I remember,
When the storm of sorrow came,
And extinguished and forever,
All the glory of life’s flame ;
When one by one the blossoms
Os affection dropped away,
And Despair come with the darkness,
And affliction wi h the day.
“ I remember, I remember,
But ah, ’lis vain to mourn
For the bright boors and the loved ones,
That will never more return ;
Let the pre ent have its toriuie,
And the past its store of ill,
To the Fu ure—io the future
We will look wilh gladness still.”
The Orator then glanced at the dissatisfac
tion of man with Ins lot, dwelt on the impa
tience of boyhood to escape from parental con
trol, and “to float down life’s tide with sails un
furled and colors flying to the breeze of pros
perity and happiness.”
He illustrated the contempt felt for the opin
ion of our contemporaries in comparison with
the longing desire manifested for the estima
tion of posterity.
“We have no claims—on those who are to
come after us, each and all of us have some
reason to give why we should he judged with
leniency.”
“What favor,” asked he, ’’could we expect
from those who had descended to the grave,
before he were! The ancient heathen and the
Grecian sage—the warrior of Thermopylte—
the Stern and unyielding stone—aborigines of
our own continent—the heroic martyrs who
had poured their blood like water upon the
earth! What a dread assize would be to us in
comparison with the judgement of the future
inheritors of the world! It would indeed be a
terrific judgment, second only to that which
shall come like a thief in the night—when the
earth shall be withered and the elements mel
ted, and the heavens rolled up like a scroll—
when the licentious shall be caught iu his snare
1 —and the robber with h;s spoil—and the drun
kard with his accursed cap, and the murderer
with the red blood oi his victim dripping irom
his Angers’ ends, and each and all, the living
and the dead, shall be summoned up to re
ceive the approval or condemnation of the Sa
viour of the world.
•• When from the heart the vital spark has fled,
When the form slumbers in the silent grave,
Who shall go and whisper then unto the dead
The plaudits that ensue the wise and brave ?
What are the best rewards of human fame ,
VY hat m rta- judgment, or what man’s applause ?
Reason should p tnt as to a higher aim
And Virtue uiged us in a better cause.
Glory ! a wreath that withe s whilst ’tis made !
Fame ! but a sound that soon must die away !
How can these bless us v hen me heart’s der at ed
Or ihe frame moulders ’neath the senseless clay ?
Better for us the rich rewards of worth
Which cannot wither, and which will not die.
Tho’ the last sound should ring tjroughont the earth
And the last trump should echo through die sky!”
After asking indulgence for this apparent
digression, the orator compared the sympa
thTes of the Society for the past and the future
with their kindred feelings as individuals.
“Asa society,” said he,“ our hold upon the
moments that are passing before us are as cob
web ligaments in comparison with the iron
chain that binds us to the past, or the golden
COLUMBUS, GEORGIA, THURSDAY MORNING, MARCH 25, 1841.
ties that link us tothe future. We are work
men w ho have taken tip the axe and the spade
of antiquity that we may dig from the caverns
of the past the gems and diamonds that are
within their bosom, in order that they may flash
upon and illumine the generations of the fu
ture;” &,c
When he touched upon the incidents in Jas
per’s brief career we beheld eloquently depic
ted beiore us the gallant Seargeant, whether
he appeared conspicious for noble daring on
the Palmetto walls of Fort Moultrie, with the
exclamation upon his lips.“ God save Liberty
and my Country ” —or for desperate chivalry
at the Spring near our city, when defenceless
woman was rescued by his valor & that of a kin
dred sp r.t in activity’—or for resignation to his
fate when, on the memorable 9th of October,
1779, he yielded his gallant spir.t to Liberty
and Ij.s Country, in defending that flag, the
gift if feminine zeal, which he had pledged
his honor io guard “ until Eternity .”
Honorably was that pledge redeemed, and
beautifully was it portrayed by the gifted lec
turer. But we must deny ourself the pleas
ure of dwelling on the beaulies which crowd
before us, and we more reluctlantly do so, as
all who inhaled the sweets of fancy, are cn
scious that justice cannot be done the orator
without a publication of his production as a
whole.
He st od the other night culling the gorge
ous bouquets from the treasure house m which
he had garnered up ‘heir beauties.
We would always see him, as he then was,
with all his fair and “blushing honors thick
around him,” with the fragrant any undying
wreath wilh which genius decks her votaries.
Front the Bavaunth Gemgian, March 2.
CONSECRATION OF BISHOP ELLIOTT.
Tins interesting service was performed on
Sunday morning, in CJtrist Cliurch, before a
large and attentive congregation. The day
was exceedingly unfavorable; heavy showers,
thunder and lightning. The usual condition
of our submerged streets on such occasions
prevented many from attending this solemn
ceremony. The cliurch was however nearly
iilied. Morning prayers were read by Ilev’d
Paul Trapier, and the less ms by llev. Wm. H.
Barnwell. The sermon was preached by
Bishop Meade of Virginia, from 1 Tiiu. 3d ch.
and 15th verse, and was designed to exhibit
ihe manner, in which a Bishop should conduct
himself in the “house of God, i.e. the church
of God.” It was a production in winch were
bcautiiulJy blended, the learning of the schol
ar, the faithfulness of the christain, and the
affection of the brother. It was not what the
world calls eloquent; it had no pompous ima
gery—no soaring periods—no startling apos
trophes ; —it was not squared and gaged by
the rules of rhetoric, and would not suit the
tasics ol those, who for the sake of graceful
cadence, and harmonious sentences would
sacrifice the simple sublimity of unadorned
tru’.li; but ihe sermon, though it had no facti
tious charms, was yet powerful, earnest, co
gent, full of sound doctrine, pure wisdom, ster
ling council, and fraternal admonition, pecu
liarly appropriate tothe occasion which elicit
ed it. Dr. Elliott was t hen presented by Bish
ops Ives, of North Carolina, and Gadsden, of
South Carolina, to the presiding Bishop, when
his testimonials having been read by Rev. E.
Neufville, the service proceeded, which was
throughout solemn and affecting—particularly
w hen tlie Bishop elect was invested by Rev.
E. NeulVilie, assisted by Rev T. B. Bartow,
with the robes of his official station, and du
ring the imposition of hands and the presenta
tion of tlie bible, which the Bishop elect was
exhorted to give heed unto in all things. The
celebration of the Lord’s supper closed 1 lie in
teresting scene, by which one of the ablest of
the sons of the church was inducted into the
Episcopate of Georgia. This is the first time
that a Bishop has been consecrated in any of
the Southern Slates, and it is to the zeal and
exertions of the Recterof Christ Church, that
w T e are indebted for witnessing the imposing
ceremonial of an Episcopal consecration. Os
him, who has thus come amongst us, as the
head of this branch of the church, we can
speak only in terms of sincere and well found
• ed eulogy.
VVe know the delicate character of his mind
too well to fume before him the nauseous in
cense of adulation, and we will only say that
not his diocess merely, but all Christians, of
whatever name, rejoice in the coming of such
a faithful and ze-tin us champion of the truth
to labour in our borders.
Besides the clergy above named, there were
present Rev. Messrs. Walker and Pinckney,
of S. C., Forbes of Mississippi, and White of
Georgia.
From the New York Journal of Commerce.
Important to Commission Merchants.—
Sleele vs. Whipple. — Where the holder of a
note payable to himself, requested another per
son to procure the note to be discounted, who
by placing his name upon it as an endorser,
procured it to he done, received the avails, and
paid over the same, “except the sum of thirty
dollars,” which lie retained for his endorse
ment and trouble in the matter, “it was held,”
that the transaction was “usury,” as might be
alleged in bar of a recovery of a subsequently
substituted note.
“Exiract from Judge Cowan’ Opinion.”
If one man gives h;s acceptance or note for
another, on an agreement for a compensation,
it has long been settled that this is usury per
se. In one case an acceptance by persons not
bankers, under an agreement for a commission
of 2 1-2 per cent., was held by Lord Eilenbor
ough to be a transaction on which the jury
were bound to find usury. Kent v. Lowen, 1
Camp. 177. He said it was a mere cloak for
usury. See Mat thews, q. t. v. Griffiths, Peake,
N. P. C. 200 ; and Jones v. Davison, Holts N.
P. Cas. 256. 1 have no hesitation in saying
that a man can no more lend his endorsement
for a compensation beyond 7 per cent, than his
money. Though it is not cash itself, it is an
equivalent. The borrower of the endorsement
is bound to indemnify the endorser to the ex
tent of the principal and interest which he
shall be compelled to pay. All beyond itj usu
ry, so far at least as it is a mere compensation
for a loan of credit. A bank does no more
than lend its notes; yet it can take no more
th-in 7 per cent. Shall it be entitled to no
more because it chooses to put its bill in the
form of an endorsement ? The toleration of
such a practice as that before us, would be a
reiaeal of the statue of usury. A man might
always take what per cent, he pleased, if in
stead of loaning his money, he loaned his cred
it. He has only to keep the money in his pock
i et, and give his acceptance, his note, or his
endorsement.
Old Times The manner of choosing
officers by balloi in Massachusetts, as lur back
as 1641, was very ludicrous. Here i3 the
law:
“It is ordered bv this court, and by the au
thority thereof, that for the yearly choosing
of Assistants, the Freemen shall use Indian
Corn and Beans. The Indian corn to mani
fest election, the beans the contrary. And if
anv freeman shall put in more than one In
dian com or h-an, for the choice or refusal of
anv public officer, he shall forfeit for every
such offence, ten pounds. ’
An Fmglish paper informs its readers that
Gov. Porter of the State of Maryland, has
declared General Harrison, President of the
United States,
THE UNION OF THE STATES, AND THE SOVEREIGNTY OF THE STATES.
From tu* N, O. Commercial Bulletin.
THE BOUNDARY QUESTION.
When die treaty of 1783 was laid before
tl e British Parliament, it was accompanied
with a map delineating the acknowledged
boundaries of the United States. On this map,
the highlands, which form the now disputed
boundary, are laid down north of the river St.
John. During that year upwards of twenty
maps of the United States were published in
England, marking the same boundary, and no
map can be found, published for more than 30
years subsequent to that date, which gives to
that portion of the United States any other
boundary.
This boundary remained without question
or dispute till tlio publication in ISIS, of a
topographical description of Canada, by Col.
Bouchette, when, for the first time, the boun
dary since claimed by Great Britain was sug
gested. The grounds upon which her pre
tensions are founded, are, that there are no
highlands between the St. Lawrence and the
St. John, answering to the description in the
treaty, and that the StJohn. because its estu
ary is in a bay within the British dominions,
is not to be regarded as one of the rivers
described in the treaty, “which fall into the
Atlantic Ocean.”
As to the first position, if there are no such
highlands, we would ask, how does it happen
that the waters of the St. John do not flow to
the St. Lawrence I But the position is wholly
false. It appears from the recent surveys,
that, the lowest gap in the highlands, claimed
by the Americans to be the boundary, is high
er than the average of the highest peaks of
the highlands designated by the British as the
boundary. The second position is lost in the
establishment of a boundary ridge north of
the St. John, and we therefore merely remark,
that it is a great perversion of language, to
say that the waters ol’ that river do not flow
to the ocean, because, in their course, they
pass through a portion of the British domin
ions, and are first discharged into an area of
the ocean called bay.
The second article of the treaty of 1783,
in order, as it premised, u llial all disputes,
which might arise in future on the subject, ol
the boundaries of the United States may be
prevented,” established Iheir boundaries in the
first place in the following manner:—“From
the northwest angle .of Nova Scotia, viz—that
angle w hich is formed by a line drawn due
north from ihe source of the St. Croix to the
highlands ; along the said highlands which
divide those rivers that empty themselves in
to the river St. Lawrence, from those which
fall into the Atlantic Ocean, to the northwest
ertnost. head of the Connecticut river,” and
alter a description of the other boundaries—
“Easl by line to be drawn along the middle of
the river St. Croix from its mouth in the Bay
of Fundy, to its source, and from its source
directly north tothe aforesaid highlands, which
divide the rivers that fall into the Atlantic
Ocean, from those that fall into the river St.
Lawrence.”
Here it will be seen that the first and only
point remaining to be established, is the norh
west angle of Nova Scotia. At the date of
the treaty of 1783, John Parr, Esq. was Cap
tain-General and Governor in-Chief of the
province of Nova Scotia. In his commission
Jrotn the King of Great Britain, the limits ol
the province are described, and in that de
scription are the following words, viz—“ Bou
nded on ihe northward by a line drawn from
Cane Sable across the entrance of the Bay ol
Fundy, to the mouth ol the river St. Croix,
by the said river to its source, and by a line
drawn due north from thence to the southern
boundary of our colony op Quebec, tothe north
ward by the said boundary as far as ihe wes
tern extremity of the Buy Clialeurs ,” <fc. —
This description, which is repealed, in subse
quent commissions front the same authority,
confirmed as it is by- the treaty, sliows? that the
northw’cst angle of Nova Scotia is to lie found
at the intersection of a line running due norlh
I rum the source of the river St. Croix, with
the southern boundary of the colony of Que
bec.
The Southern boundary of the colony of
Quebec is defined with equal clearness and
certainly in the royal proclamation of Octo
ber 7, 1733, es abli hi g that province. After
leaving the forty-filth parallel of latitude, the
line was carried “ quite lo the Gulf of Si.
Lawrence, through ilie highlands, which seper
ute the rivers which fall into the great river of
Canada, from those which fall info the ocean.”
Also, m the Act of Parliament of 1774, lbr
making more effectual provision for the Gov
ernment of the provinces of Quebec, the pro
vince is described as “hounded on the South
by a line from the Bay of Clialeurs, along the
highlands which divide the rivers that empty
themselves into the river St. Lawrence from
those which, Jail into the sea.” So also, in the
Royal commission to Frederick Ilaldirnartd,
Esq., Guvernor-in-Chief of the province ol
Quebec, granted September, 18, 1777, under
winch commission he remained in office until
after the date of the treaty, the boundaries of
the province are described in part, in the fol
lowing words: “ bounded on the South by a
line from the Bay of Clialeurs along the high
lands, which divide the rivers that empty
themselves into the river St. Lawrence from
those which fall into the sea.” &c.
No one can read these descriptions of high
lands extending from the Bay of Chaleurs to
the source of the Connecticut, and forming the
Southern boundary of the province of Que
bec—since known as the province of Lower
Canada—without feeling satisfied that ti c
highlands described are those which lie North
ol the river St. John. It was the obvious in
tention of the framers of the treaty to desig
nate that range of highlands which reflect on
one side the waters which flow to the ocean;
through “ the great river of Canada,” and on
the other s de, the waters that flow to the ocean,
through the numerous streams running in a
Southerly and Easterly direction, whether dis
charged into Penobscot Bay, Bay of Fundy
or Bay of Chaleurs, or whether the estuaries of
the streams were to he found within the Brit
ish or American territory.
It is well known that the jurisdiction of the
Government of Lower Canada, in practice,
never extended to the lands watered by the St,
John; and that the Government of New Bruns
wick, which exceeds that of Nova Scotia, by
a division of the province, has alwaysextetid
ed beyond the St. John, to the waters tailing
into the Bay of Chaleurs. It has never been
suggested that the Government of the two
provinces found any difficulty in agreeing upon
this boundary. It was, in fact, never thought
that the language of the several proclamations
admitted of nut one interpretation. On what
ground then, can it be pretended that the trea
ty, which copies the same description, requires
a different interpretation? Nevertheless we
are gravely told that the north-west angle oi
New Brunswics is some 150 miles West of
due North line from the source of the St.
Croix to the “ aforesaid highlands” and tiiat a
ridge of highlands dividing the waters that
flow into the St. John from those that flow into
the Penobscot and Kennebeck, and which in
no part reflect water to the St. Lawrence, is
“the true ridge corresponding to the language of
the treaty.”
Let it be remembered, that submission to
aggression is not the way to secure peace. It
we give up one third part of the State of
Maine, Oregon will be gone, and the next
claim may be to all the Northern pa’-te of
Pennsylvania and New York, under the Royal
proclamation of 1763, which gave to Canada
both shores of the greal lakes.
NORTH EASTERN BOUNDARY
Col. Richard M. Johnson, Vice President
has written an able letter on this subject to a
Mr. Cony, from which we extract the follow
ing.—Balt. uige.
‘ l'iie only remaining question then is that
of expediency. The question of right is sel
iled; and what stronger confirms it is, ihai
no American, who has ever examined ihe sub
ject, dissents from the decision. The ties of
consanguinity, of affection and ol iuterest,
which exist bet ween this country and Great
Britain, are so strong and so cordially cher
ished by most Americans, that scarcely an
actol Great Bi itain, however unwarranted hv
the laws of nations or of equity, meets with
qualified censure. Even their depredations
upon our commerce, and their impressment
of ourseamen during their wars wilh France,
found many apologists in Amerio, and if
their claim in this case had the slightest sha
dow of justice, it would find its advocates
among us, but so far as my information ex
tends, it has not found a solitary American to
make an apology for if* What then is the
course which expediency dictates? We have
derived all our institutions and most of us our
being, from Britain. We have more inter
course, more affinities, and deeper interests
with tier, titan with all the world besides. To
maintain peace with her is worth much Ibr
bearance ; indeed, any thing short of degra
dation. Great Britain has ever been slow lo
do us justice; but she eventually comes lo it;
and when she does it, she does it with mag
nanimity. She retained possession of Michi
gait, more than twelve years alter the close
of the Revolutionary war; yet she finally re
linquished it without a rupture; and I am
glad of the opinion that she v, ill yet forego
this claim. It is no less her interest than ours
to cultivate harmony between the two coun
tries. This territory in dispute is much less
important lo her than lo us. Her claim is
without the shadow of right; and she will
certainly wake to a sense of justice. It will
not be wise for us to resort to violent mea
sures, till all hope from negotiation shall he
exhausted, and a settled delTmination shall
he manifested on her part to hold the terri
tory. Whenever lhat period shall arrive, the
last resort of nations will be our only alterna
tive. In such an issue; our whole country
will lie unanimous. All the eneigies of the
nation will he enlisted. The devotion of ev
erv heart and the strength of every arm will
be exerted in the common cause; and the re-,
suit will he, success and victory to our Repub
lican empire.
From the Globe.
We publish some rules prepared by the or
der of Mr. Poinsett, to guard unskilful gun
ners against the melancholy accident winch
tuu frequently occur on the linng of cannon.
War Departmont, March 2,1841.
The frequent accidents which occur by ex
plosions of cannon, occasioned by careless
ness, or mismanagement, render it expedient
that instructions should be given lor the use of
persons who are required to perform the du
ties of gunners. The Ordnance Board vviil
therefore submit to the Secretary ol War for
Ins approvals, such mstruciions and legula
tiims as to them may set nr best calculated to
protect persons thus engaged liom lire fatal
accidents to which they have been heretofore
liable, in order that ihe same may be dulypro
tnulga ted.
J. R. POINSETT.
Ordnance Board, March 2d, 1842.
The accidental explosions of cannon, by
which many lives and limbs are lost annually,
are generally caused by fragments of tlie
burning cartridge from a previous discharge
remaining in Hie gun, and which are not ex
tinguished before the next charge is inserted.
By observing the following directions, most
oi these accidents may be pi evented.
Ist. The powder should be contained in a
cartridge hag, made of worsted slutidr serge ;
the material should be entirely of wool, of a
close texture, and the bag should be sewed
with woollen yarn.
2J. I'he sponge should be made of woollen
fringe, or sheep skin, with the wool outwards,
and it should tit the gun snugly, and til the
bore.
3d. The finger st all is made of buckskin,
or other soft leather, with a cushion stuffed
with hair.
The vent (touch hole) should be stopped,
by forcibly pressing this cushion upon it while
(he gun is being sponged and wadded. After
the gun has Ireen fired, it must be carefully
sponged , to extinguish any burning remains
of the cartridge. If Ibis is done carefully
with a dry sponge, it is certain to extinguish
any pieces of burning flannel. The sponge
should be ihreed down firmly against (be bot
tom of the bore, and in this position it should
be turned round two or three times in each
direction. Care should be taken not to use a
very wet sponge. If it isslightly dampened,
it may do no harm; but it is lar safer to use
the sponge dry than when it contains water,
for the water is squeezed out, and remains in
the bottom ol the bore. On inserting the rtexi
cartri ge, its lower end gets thoroughly soak
ed, and the wet powder does not burn on dis
charging the piece; hot is driven into the
pores of the woollen stuff, and forms a kink of
match, which not only retains fire, but is with
difficulty extinguished. The free use of wa
ter in sponging is the frequent cause of acci
dental explosions.
If the piece flush, or the priming tube blows,
it should be approached carefully. The per
son who reprimes it should approach in front
of the ale-tree, to avoid being injured by the
recoil, in case the piece goes off from fire re
maining in the vent.
None but careful, sober men, and well in
structed, should he allowed to sponge a gun
or serve a vent.
The foregoing instructs ns have been pre
pared in obedience to the directions of the
Secretary of War of this date, and are re
spectfully submitted for his sanction.
BENJAMIN HUGER,
Captain and Secretary.
Approved :
J. R. POINSETT.
Great Pedestrian Feat. —The match for
200 miles in 200 successive hours, one mile in
each ~our, New York, came off at Jamaica,
Long Island, and was won easily by Nicholas
Low, Esq. The performance commenced on
Friday the sh, at 12 A. M. and closed on Sat
urday evening, the 13ih, when Mr Low drove
to town and reported his success to the Club.
He suffered at first a little in his knees, but he
soon overcame it, and came in at the last per
fectly fresh, walking his 199 h mile in 13 min
utes, and his last in 14 1-2. Pedestrians always
select the last 20 minutes of one hour to waff
one mile, and the first 20 minutes of the next
lor the next mil ■, leaving an interregnum of
an hour and a half between every two miles
for refreshment and reper-e. It is now admit
ted that Mr. Low can perform 500 miles on
the same conditions, and many assert that he
can perform Capt. Barclay’s feat of 1000 miles
in 1000 hours—Sav R?p.
From the Commercial Bulletin.
SUPREME COURT LOUISIANA.
Monoav, Feb. Ist. IS4I.
Stetson, Averv & Cos. Appts.. vs. Alpheus Gurney.—
Appeal from the First Judicial District Court.
In this cause, the Court this day delivered
this opinion in writing, in the words and fig
ures following, to wit:
The facts which are shown by undoubted
evidence in the present case are, that Stetson
& Avery having obtained a judgment against
Gurney, a cotton broker, levied an execution
upon a sum of SB,OOO, standing to the credit
of their debtor in the Canal Hank. Robertson,
of Mobile, alleging that the fund belonged to
him, took a rule on ‘lie plaintiffs to show cause
why the seizure should not be set aside and
the money restored to him. It appears that
Robertson had confided to Gurney, as a Bro
ker, a sum of $350,000 to be invested in Cot
ton ; a part of that amount was deposited by
Gurney in the Merchant’s Bank, to wit: $50,-
000, to his credit as agent. That amount was
soon drawn out; and ibis deposite was made,
as it appeared by his Bank Book, on the 13th
November. On the following day, Gurney
deposited in his own name in the Canal Bank
SIO,OOO in City Notes,‘and in the course of
the month lie made deposite amounting in all
to $310,000. The District Court being sat
isfied with the proof of the identity of the mo
ney, gave judgment against the seizing cred
itor, and released it from seizure, except for
the estimated amount of the Brokers commis
sions, and the plaintiffs appealed.
The counsel of Robertson relies upon the
principle well settled between principal and
agent, that whenever the former can identify
his property or its proceeds jn tho hands of his
fa-’tor, lie is entitled to recover it; or, to use
the words of Judge Story in the case relied
upon in 3d Mason’s Reports—“ Nothing is
belter settled at the present day than the doc
trine that the principal is entitled to recover
whenever he can trace his own property and
distinguish it or its proceeds from the mass of
the property of the factor.”
The case above referred to was this: The
plaintiff had assigned property for sale to
Winslow, Chaniming &. Cos., who sold it and
took negotiable notes payable on time in their
own name for the amount. Before the notes
fell due 1 hey failed, and assigned their prop
erly to defendants, as assignees, for the benefit
of their creditors, and among other property
were the notes in question. The assignees
received payment of the notes, and the action
was brought, to recover the amount so receiv
ed,deduct ing commissions. The Circuit Court
of the United Stales held that the consignors
were entitled to recover. Judge Story, in
pronouncing the opinion of the Court, made
use of the language quoted, and proceeded as
follows : “If it (the properly) has been sold,
and notes taken in payment, and these can be
specifically ascertained, they remain the pro
perly of the principal, and lie'has a right to
receive them, discharging at the same time any
lien of llio factor.” The Judge afterwards
remarks—“ Must not the instrument which
merely evidences but does not extinguish the
debt, follow the nature of its principal. l If the
owner is entitled to the debt, is he not entitled
to Dial which is taken to evidence ill If they
had been negotiated and the money received
by the factors in the course of business, that,
would have deserved a very difiereni consid
eration.”
The same doctrine is laid down by Chan
cellor Kent, and be adds that the same rule
applies to the case of a banker who fails pos
sessed of his customer’s properly. If it be
distinguishable from bis own, it does not pass
to his creditors, but may be reclaimed by the
true owner, subject to the liens of the banker
upon it.”—i Kent’s Coin. 024.
That those are principles which govern the
relations of consignor and factor or agent,-can
not be doubted ; but we are of opinion that
when money is confided to an agent to be em
ployed in purchases, the case is quite different.
Goods com igned are suscepl ihlo of boinir ideu
t'fiod and distinguished livm that of the factor.
’1 ‘hey remain the piopertyol 1 lie consignor.
The factor has no rigj.it to pledge them, or to
use them in any way for his’ own purpose.—
They may he loUowcd and reclaimed in ihc
hands of third persons, lie has only a light
to sell. But money, the mere representative
of value, cannot be identified. When Rob
ertson confided a sum of money to Gurney to
be employed in tiie purchase oij Cotton, the
latter became indebted to him in that amount.
The relation of debtor and creditor arose be
tween item, not that of depositor and deposi
tary. If Gurney had died, or had become a
declared insolvent, Robertson would not have
been recognized as a privileged creditor. The
money was not destined to be kept and re
stored, but to be employed. In the case of
Longboltom’s executors, we hold that money
confided tg the agent to be disbursed, did not
constitute a deposite—that the agent was
bound to account for it but not restore it, and
that, the article of 3189 of ihc code did not ap
ply to such a case, [9 Lou. Rep. 44 ] If Con
way bad lent a part of the sum in question to
a friend, and taken his note, and ihel nolo had
gone into the bands of his syndics in case oi
failure, we think it clear that Robertson would
not be entitled to recover it or its proceeds if
paid to the syndics; and equally clear that a
debt due by Gurney to the borrower might be
set up in compensation. When the money
was placed in the bank without any noth e of
the claims of Robertson, it was not the identi
cal money which the bank had to restore—it.
did not constitute, in a legal sense, a deposite.
If the bank had failed, any debt due to it would
had been an off et against his claim on the
bank; and if the bank had been burned, it
would have remained the debtor of Gurney for
the amount. On the other hand, if Robertson
had become the creditor of the bank, the lat
ter could have had no right to plead Gurney’s
deposite of his money in compensation. No
adjudged case has been cited to salisiy us Ihnt
money confided to an agent can be followed
and reclaimed in the hands of third persons,
without notice. The case of the banker, men
tioned in the passage from tne 2d Kent’s Com
mentaries, must have been one relating to
commercial paper deposited for collection, and
not lor money. To let in evidence of the
identity of a sum of money under such cir
cumstances, would open too wide a door for
fraud and collusion. It was not, in truth, a
sum of money which was seized—it was Gur
ney’s credit on the Canal Bank ; or in other
words, a debt due to him by the bank. And
if it be true that commissions were due him
by Robertson, to be paid out of the same mo
ney, then the money of Robertson was blended
with his, and cannot beJdentified.
Gurney was admitted as a witness, and a
bill of exceptions taken. If the only objection
to him was that he was the agent of Robert
son, and interested to the amount of his com
missions, lie would be clearly admissible.—
The law is well settled on that point. But
in thfe case the agent ha? an interest distinct
from his commissions, and not growing out of
his agency. He is a party to the record ; and
although not strictly a party to the rule, yet
he had clearly an interest in retaining a con
trol of the funds, and saving himself from liti
gation with the present claimant. The Couu,
in our opinion, erred in admitting him as a
witness.
It is therefore ordered, adjudged and de
creed, that toe judgment of the Disrict Court
VOL. I. NO. 7.
be reversed ; and ours is, that the ruie oe dis
ch rged, with costs in both Courts.
Lockett & Mrcou, for Plaint iffs.
L. C. Duncan, for Defendant.
Froiu the Cincinnati Chronicle.
GEOLOGICAL REMAINS OE RUE WEST.
W e have had ilie pleasure of a conversa
tion with one of the most intelligent gentle
men of the West, upon yome of ihe most
striking of the ancient rema ns of Missuin',
and W isconsin. Most of vvliat he inlotmed
us lie had actually seen and examined lor
himself, with all the facts and histofv of curi
ous remains either of men o r animals in the
W est. We thought it would not be uninter
esting to describe, in brief terms, some o! these
remains, especially as we l ave hi on raiher
sceptical in respect to some of the accounts.
Ist. Tne M issourian, or the vast and un
known animal recently discovered in Missou
ri. ‘Phis he has seen and examined. The
man who discovered this animal, did it in con
sequence of an Indian tradition which said
that at that place there was buried a great
animal, and whose remains they were anx
ious to protect, and to keep the whites off.'—
On diguing, ihe remains were found as de
scribed. \\ iih them were also found Indian
arrow heads of much larger than the usual
s zc, and the remains of a man of extraordin
ary size. The animal is put together, aiui of
vast size. A band of music is seated between
bis ribs, and at a height of ten or twelve feet;
bis length is twenty or thirty fecr, and be be
longs without doubt to flie amphibious class;
His tusks are of enounoussize, and notwiih
sianding they are curved in and partly broken,
measure 15 ieet Iron) tip to tip The most
singular part of his formation is, that the joint
of iiis hind leg turns outwards. This crea
ture is as mudh larger tlian the mauiolh, as
ihe latter than an ox.
2d. It is also a fact that on one of ihe
highest hills of Missouri are found a great
quantity ol the Mammoth bones or skeletons,’
indicating that at the deluge or some other
gital Hood these animals bad retreated lo the
tops of the bills, and there perished.
3d. The Petrified Forest. Os this we had
some doubts, but of the general fact there is
no question. Over a considerable space of
ground parts ol the trunks of tiers, and liag
ments oi limbs are found perfectly pelrefied.
4ih. The ciiy of Azfelan, \v ich a year or
two since was announced as existing on one
of the branches of Rock River, in Wisconsin;
is a reality, so far as relates to the extensive
lemams of ancient woiks. Our informant
examined ibis work thoroughly. It consists
of parapets of earth, like the Indian Fortifi
cations of Ohio,, with some things peculiar to
iiself, covering 13 acres of ground. No evi
dences of a higher'civilization than lhat which
exists in the Ohio works was found, except it
may be some brick burnt, in the ancient rude
way. These were found in certain projections
from the parapets. They were evidently
brick, but made with straw in the old mode,
and i udely formed. It is said, however, talit
the Indians of the Rocky Mountains do now*
make brick.
W.H un two of ihe angles of this work are
found two lowers and mounds, intended, as
our info-mam believes, for watch-towers, and
also burial places. Through one lie dug, but
found not I dug. In the other he f >und a regu
lar vault, about ihe size of a common room,
hilt much longer in one way than the other.
Here he found many bones of human beings.
It was evidently a tomb. He says (hat the
Indians of t! le far north-west say, that they
have seen the common Indian rnound built,
amt that the process is, first an illustrious chief
is hulk’d, and that in maik of their respect,
others, as they go bv, deposit some additional
earth, and that thus the mounds grow to their
present size.
There is undoubtedly much evidence to
show that a more civil zed race once inhabit
ed North America ; hut in tracing out the
links of (hat evidence there is one yet want
ing. The ancient remains in the West have
not yet shown evidence of arts or science su
perior to what the Indians of ibis day might
not have had. The existence, however, of
these remains, and even of the people them
selves, slilll uivolvesau inscrutihle problem ; 6
problem upon which we hope the forth-com
ing work of Mr. Stevens may show some
light.
From the N. O. Com. Bulletin, Feb. 27.
AWFUL CATASTROPHE.
The steamboat Creole burnt—loss of many
lives, and great destruction of properly.
The steamboat Creole, Capt. Dalman, one
of the Red River Packets, on her passage
from Natchitoches to New Orleans with a
cargo of upwards of 1000 bales of cotton,
boxes of specie, bundles of bank notes, mer
chandize, &c. came out of Red River at. the
grey of dawn on Monday morning. When
about 12 miles below, she was discovered to
be on fire, and a general alarm was given.—
The passengers, more than sixty in number,
and consisting of men, women and
were ail in their berths at the time. The fire
commenced at the alter part of the boat, the
tiller ropes were immediately severed, and the
confusion, consternation and panic which en-1
sued, defy description. Amid the raging of
the flames, Lire engine continued working,
and drove the boat directly against the shore.
Here four persons leaped oil’ and escaped.—
Rebounding, as it appeared, she altered her
course, and running near a mile and a half,
brought up against the hank on the opposite
side of the river. In the mean time, and
while the Creole was crossing the river, many
of the passengers, and some of the crew, threw
bales of cotton, on which they.ereiv*rkeci.
Some, missing their aim in jumping, or their
balance a!t< nvards, were precipitated into the
stream and drowned. Many remained on
hoard till ehe readied the opposite shore, when
they leaped off A few were fortunate en
ough to read) the land, but the greater part
plunged into the water, and it is believed of
these nearly all were rescued. The present
estimate is that, about 12 human beings lost;
their lives by the catastrophe. Os the 20 of
30 unaccounted for, it is hoped the most of
them floated off on cotton, and may have been
picked up by steamboats and other craft.—■
There was scarcely an article saved. The
passengers, male aid female, with scarcely
an exception, escaped with barely what they
slept, in. The proverbial hospitality ?r,d kind
ness of the inhabitants of the neighborhood
relieved their pressing necessities, and enabled
them to reach the city.
“De omnibus Rebus et quidbusdam aliis
—The above scrap from the class cal store
house oi our res pec table contemporary, the ed -
nor of the Montgomery Bar. A ca c e was
pending in which a young aspirant and Mr T
’ ( an Irishman, who had raised himself
by his own exertions; from the bumble station
ol a journeyman carpenter to one of the most
successful lawyers at the bar,)were opposite
councils. The young gentlemen opened the
case in a very eloquent mauner but could not
fort e- r, the temptation of showing offhis Jatm
to the jury, who were unlettered .armers. Al
ter he had concluded, Mr. T d'fied
them with a proportional emeu;.* j—
w hich, lie remarked, they no dou bt uude-i5,.,. and
as w ell as they did Ins iiSends h
UdFarny Elss er cleared at her
.benefit in Havana by the sales of tickets and
presents.