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BY JAMES VAN NESS. PUBLISHED EVERY THURSDAY MORNING, IN THE “GRANITE BUILDING,” ON THE CORNER OF OGLETHORPE AND RANDOLPH STREETS. I'ERvlS—Subscription, three dollars per an num. -tavable in advance, three dollars and a half at the end of six months, or four dollars, (in all c ises) whete payment is not made before the expiration of the year. No subscription received for less than twelve months, without payment inadvance, and no paper discontinued, except at the option ot the Editors, until all arrearages are paid. VDVEitTISEMENTS conspicuously inserted at one dollar per one hundred words, orless.for the first insertion, and fiftv cents for every subse quent continuance. Those sent without a specifica tion of tho number of insertions, will be published until oru :red out, and charged accordingly. id. Yearly advertisements. — For over 24, and not exceeding 36 lines, /f/ty do Hum per annum . for ovr 12, and not exceeding 24 lines, thirty-five dollars per annum; for less than 12 lines, twenty dollars per annum. J Id. All rule and figure work double the above p-.ices. Legal Advertisements published at the usua rates, and with strict attention to the requisitions ol the law. All Sales regulated by law, must he made before the Court House door, between the hours of 10 in the morning and 4in the evening—those of Land in the county where h is situate; those of I ersonal Properly, where the letters testamentary, of admin istration ot of guardianship were obtained and are required to he previously advertised in some public Gazette, as follows: Sheriffs’ Sales under regular executions for THtn i v days, under mortgage fi fas sixty days, before the day of sale. Sales of Land and Negroes, by Executors Ad mimsiralors or Guardians, for sixty days belore the day of sale. 4 ales of Personal Property (except Negroes) forty DAYS. Stations by Clerks of the Courts of Ordinary, upon application FOR lettehs of administration, must be published for thirty days. Citations upon application for dismission. Id Executors, Administrators or Guardians, monthly for six months. Orders of Courts of Ordinary, (accompanied with a copy ol the bond or agreement) to make titi.es to land, must be published three months. Notices bv Executors, Administrators or Guardians of application to the Court of Ordinary for leave to sell the Land or Negroes of an Estate, four MONTHS. Notices hv Kvecutors or Administrators, to the Debt ors an 1 Creditors ol an Estate, for six weeks. Shy hi efs Oi.e.rks of Court, Sic., will be allowed 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.