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f39 ‘ * Monitor. A*". 4. v**.., ji riGATED CaseS. ° •t’ f i )V l ! ,e u P reilj e Court of Alabama, at its late Term. States Reynolds vs John Bell. Error to the circuit court of Dallas county. Goldlh waite, J. delivered the opinion ot the court, deciding . motion to quash or set aside process, is a “ a J s Pressed to the discretion of the court; and though such a motion may be entertained, vet its refusal cannot be examined on error. I his court will not examine the r fitsalof an inferior court to quash an attach'..ir,.t. •J- VV here the suit commenced by attach ment, it is unnecessary to earn - into the de claration, any of the recitals contained in the bond and affidavit, as these have no connexion with the cause of action. Judgment of the court below affirmed. Peter it. Stark ve Marshall & Camrnack. Er ror to the circuit court ol Mobile. Goldih waite, J. delivered the opinion ol the court, j deciding 1. The 25th day of December is not a dies | nonjudicus, nor will a writ of error be quash j ed because it was issued on that day. 2. The affidavit tor an attachment need not j disclose the manner in which the debt sworn j to, accrued. it. Under the attachment act of 1833 (Aik. Dig. 37) the writ coaid only be executed in the county to which it was returnable; other wise under the act of 1b37. Pam. p. {js Jl2 Judgment of the court below reversed. Warner Williams, use &c. vs Ban]. Young. Error to the circuit court of Tallapoosa. Goldthwaite, J. delivered the opinion of the ■ court, deciding 1. An instrument of writing, made 24th j November 183(5, by which the defendant uu- j dertakes to make titles to a tract of land at a ■ certain day, and, : n case he fail to do so, to pay n certain sum of money, is not a sealed instru ment, although it concludes wit, witness my hand and seal, unless a scroll or seal is attack ed to the signature. The act of 1839 (pant, p. 99) declares that such an. instrument shall be taken as sealed ; but tide act has no retro spective operation. 2. The improper addition of a super se as sumpsit, cannot be reached by a general de murrer, where it may be stricken trom thede duration and enough remains to constitute a good cause of action ; but the introduction ot a super se assumpsit cannot have the effect to change the liability of the defendant, or au thorise a judgment for a stipulated sum, if it is m reality in the nature of a penalty. Judgment reversed and cause rem inded. William G. Cater and Wade 11. Greening vs Henry Hunter and Elizabeth Hunter, adm’r & adm’x of Starke Hunter, dec’d. Error to the circuit court ot Conecuh. Goldtli waite, J. delivered the opinion of the court, deciding 1. A declaration describing a promisory note as bearing date in November 183(5, and pay able oil li£ day of March eighteen hundred and twenty-nine , meaning thirty-nine, must, be con sidered as containing a sufficient cause of ac tion, after a judgment by default. 2. The defendant omitting to plead to such a declaration, thereby admits the cause of ac tion as slated, and the damages may be ascer tained by the clerk without the intervention of a jury. Judgment of the court below affirmed. Joseph L. Cunningham vs Moses Green. Er ror to the circuit court ot Macon. Goldth waite, J. delivered the opinion of the court, deciding 1. A justice of the peace has the power to supply the loss of any paper relating to a cause pending before him. 2. A complaint in a suit for a forible entry, is not insufficient because it seeks to recover messuage with thenppurtenances known as the oulh half of section twenty. {Such a descrip tion of the land is ample, and a judgment, if ■a recovery is had, may lie to recover the half section, as that is the name of the messauge known. 3. An allegation of seisin in fee in the plain tiff and an assertion that the defendant enter ed disseised and put out the plaintiff from the peaceable possession of the lands described, is a sutfi uent averment of possession. 4. The defendant in an action lor forcible entry cannot introduce evidence to show that the land in controversy i a part of the public •domain, for the purpose of contradicting the allegation of the plaintiff that he is seised in •lee. 5. Nor is such evidence admissible to shew ! Who was in possession at the time of the en try. The fact, if admitted, Ins no tendency to elucidate the question as to the possession, which is alor.e in issue. Judgment below affirmed. John M. Walker vs the Branch of the State Bank at Mobile. Error to the circuit court of Mobile. Goldthwaite, J. delivered the opinion of the court, deciding In a summary proceeding by a Bank, the judgment eutry, if the judgment is by default, must show a legal title in the Bank to main tain the action; and where in such a judgment, the note is described as payable to Andrew Armstrong, cashier, or bearer, th - legal title will not be presumed to be in the Bank, unless the judgment entry shews the note to be en dorsed To the Bank ; or unless the judgment entry avers the note to have been made paya ble to the Bank by the rami’ and description of Andrew Armstrong*, cashier. Judgment below reversed, and cause re manded. Alexander Cameron and John M. Johnson vs Nathaniel Nall. Error to the circuit court of Fayette. Goldthwaite, J. delivered the opinion of the court, deciding Where a note is made for the purpose of being sold by the payee, at a greater d.scount. than = the legal rate of interest, and is sold to one who is ignorant of the purposes for which the note was made, the latter is not chargeable with usury; and although the note in his hands would he liable to be scaled to the a mouut paid for it, as having no other consider ation to support it, yet it the parties subse quently give anew note, the defence arising out of the consideration, cannot he made, as it is equivalent to anew promise to pay, without disclosing the defect in the considera tion. Judgment below* affirmed. The State vs .Tames Whitted. Question re. ferred by the circuit court >t Wilcox county, as novel and difficult. Goldthwaite, J. de livered the opinion of the court, deciding 1. An indictment, charging the defendant ■with selling spiritous liquors, to wit: rum, brandy, whiskey and gin, in less quantities than one quart, without having first obtained a li cense, is good. Judgment below affirmed. William N. Thompson vs Ephriam Wallace. Error to the circuit court of Autauga.— Goldthwaite, J. delivered the opinion of the court, deciding Where an execution is returned satisfied, the judgment is discharged, and if garnishee process is afterwards issued against a debtor of the defendant in execution, it will be quash ed on producing the execution remraed satis fied. 2. Where an execution has been levied, and the plaintiff is satisfied by payment received thro’ a stranger, who lends the money to the defendant in execution ; the judgment can not afterwards be the foundation of garnishee process. Judgment below affirmed. Joseph it McCord vs Love & Williams. Er ror to i lie rii cuit court of Lowndes. Goldth wu'iei delivered the opinion of the court, deciding . Where L. owned five’ slaves, and W. own ed •>hree others, and it was agreed between *he i to work them on a plantation for the “joint benefit of 1/ & W;; and aftewards, a contract was made by L. with the defendant for services ta.be performed by the whole number of slaves. D. & W. may have an action hr lhe breach of this contract,notwith t standing tle defendant was ignorant of ant interest of W. in the case. J udgment below affirmed. 1 James Brewster vs Augustus Buckholts, et al. Error to the circuitfcourt of Sumter. Goldth | waite, J. delivered the opinion of the court, deciding Damages, as a compensation for rents and ! profits, in an action of tresspass to try title, ! can only be computed from the time when the title was cast on the plaintiffs. Heirs at law, therefore, cannot recover damages which ac icrued previous to the death of their ancestor. Judgment below reversed, and cause re manded. CONGKESts—THE SENATE. The scene, the particulars of which are given below from the Reports of the New York Herald, occurred on the sth of August. Mr. Beriton had presented a remonstrance of certain citizens of Virginia against the estab lishment of a National Bank, accompanied with the avowal of the belief of the signers in the doctrine of Repeal. A motion was made to print the remonstrance, which motion Mr. Clay, of Kentucky, moved to lay on the table. The question then arose did the adop tion of the motion to lay the motion to print on the table, lay on the table likewise the pa per proposed to be printed. This question or iginated the discussion below'. Mr. Southard, President of the Senate, decided that laying the motion to print on the table, carried with it the paper. This extraordinary decision was on the succeeding day reversed by the Sen ate—nine Senators only voting to sustain the decision. Mr. Clay of Alabama. I hope the gentleman will withdraw it. Mr. Clay of Kentucky. I will not with draw it. Mr. Denton. If it is laid upon the table, I will move immediately to take it up. Mr. Clay. If you can get a majority, you may. Mr. Benton. I call for the yeas and nays on laying the motion upon the table. The yeas and nays were ordered, and, the question being taken, the motion to print was laid upon the table—yeas 21, nays 20. Mr. Benton. I now move to take it up, and v ill move to take up the proposition every morning until the close of the session. Mr. Clay. I call the Senator to order. Mr. Benton. Take down the words. Mr, Clay, of Kentucky. I will not take them down. The Senator has no right to dis cuss the question. Mr. Benton —Mr. Secretary, I call on you to send me the paper. J look upon this ex traordinary proceeding as most portentious, and— Mr. Clay—l insist on my question of order, and that the Senator take his seat. Mr. Benton— l ake down the word?—take down the words. Mr. Clay, of Kentucky—l must insist that on a motion to take off or lay on the table, the subject is not open to discussion. Mr. I,inn —1 would like to know the nature of the subject. 1 understand that the ques tion of printing was laid on the table, and not th* paper itself; I put the question to the chair, whether if a motion to print he laid on the table, it carries the paper with it? The Cl*ir —It does. Mr. Calhoun—The question on the paper has not vet been disposed of, and I hold that the Senator from Missouri has aright to speak upon it. Mr. Walker—the motion to print being laid upon the table, does not carry with it the pa. per also. I recollect J hat when an abolition petition was presented, and a motion to print it was laid upon the table, the chair did not decide tha/ the petition was carried with it. The President—The paper has been re ceived. Mr. Benton. T made a motion that the pa per !;e received and read, and a motion that it be printed. Mr. Clay, of Kentucky. The Senator from Missouri moved io take up the subject which had been laid upon the table. If this motion is now another motion, and relates to another matter, it is a different thing. Mr. Calhoun. It is clear that the paper is still before the Senate. The motion to print being laid upon the table, did not carry with it the paper. Mr. Clay, of Kentucky. I hope my ques tion will be understood. I made a question of order. We have ordered the paper to be laid upon the table, and the Senator from Missouri moves to take it up. Mr. Calhoun. The question is not disposed of. Mr. Cuthbert. The paper is still before us. Shall discussion be stifled ! I hope not Ido not believe that because the motion to print was laid upon the table, the paper was carried with it. Mr. Benton. Sir. President Mr. Clay, of Kentucky. I call the Senator to order, and tell him to take h;s seat. Mr. Benton. 1 won’t take my seat until the chair gives his decision. The President if the chair is in error, let the Senate decide. The motion to print being laid upon the tabic, carried with it the paper aiso. Mr. Phelps. Is it proper to discuss the matter aft r the chair has given his opinion, and as no Senator has appealed from the de cision of the chair ? Mr. Benton. Well, l appeal from the deci sion of the chair. Mr. Tap-pan. The Senator from Kentucky says it is not in order to debate a matter which is laid upon tiie tabie. Now, 1 would ask him where he finds the parliamentary rule which prohibits it? Mr. Clay, of Kentucky—l consider; sir, that our time is precious, and I rise to move to lay the appeal on the table to get rid ot it. Mr. Benton—The yeas and nays. Mr. Clay, of Kentucky—Agreed. Let’s have ’em. The yeas and nays were ordered. Mr. Buchanan—l the nature of the question. l)o I understand that, if a paper is presented, and a motion made to print it be laid upon the table, that the paper is likewise laid on the table ! The President—Yes, sir. Mr. Calhoun—lt is a parliamentary rule that vou can never lay a privileged question on the table; and sir, I will refer you— Mr. Clay, of Kentucky—Mr. President, is that debateable 1 Mr. Calhoun —It is debateable. Mr. Clay, of Kentucky —l think it out of order, and will not take the Senator’s deci sion. Mr. Calhoun —The Senator’s point is out of order. Mr. Clay, of Kentucky —I say it is in or der. Mr. Calhoun—l have a right to speak. Mr. Clay, of Kentucky—l call upon the chair to say whether it is in order or not. Mr. Cuthbert —The Senator from Kentuc ky, bv his passionate language, is violating the decorum of the Senate, and is therefore him self out of order. Mr. Clay, of Kentucky—l challenge a com parison with that Senator. Mr. Cuthbert I hope the chair will pre serve order, and prevent this violent ebullition of passion. The President Order ! order ! order ! Mr. Calhoun was proceeding to repeat his point of order, when the morning hour expir ed. The St. Joseph Times of the 31st nltimo, contains a notice of the death of the Honorable Richard C. Allen, Judge of the United States Court for the District of Apalachicola,—En quirer. From Kendall's Expositor. PROGRESS OF “RELIEF.” fiince our last, the House of Represents-1 lives have passed an act to consummate the relief oj the people by taxing them 20 per cent on all the tea, coffee, sngar, salt, and various other articles which they purchase for their families. It is an act to make five pounds of tea cost as much as six now cost. It is an act to make five pounds of coffee cost as much as six now cost. In effect, it takes for the use of Government every sixth pound of tea and coffee the farmer j and mechanic buys ! I How would the farmer or mechanic like to ! meet at the store door as he comes out a tax gatherer who should take Irom him ONE ,-sIXTH of ail he had bought for his family, telling him it was necessary to enable the whigs to accomplish the “retrenchment and reform” they promised before the election? This bill does worse than that! It makes the merchants pay the duty in the first in stance. To him the duty is part f the cost, and he must have a profit upon that as well as upon the amount originally paid. .Suppose the merchant’s profit to be 20 per cent then, on every dollar the fanner pays under this bill to his Government, he pays also 20 cents to the merchants. While it makes the farmer, the mechanic, and all others pay 20 per cent more than the fair cost on all they buy, it permits the rich manufacturers to bring in the articles they use in their manufactories free of duty i And while it permits the railroad companies tobring in their iron free of dutv, it makes the farmer pay a heavy tax on every plough-share, scythe, hoe, axe, horse shoe and nail that fastens it on. We shall trace the effects of “this bill in its various ramifications, until our honest readers shall see a WHIG TARIFF in every cup of tea and coffee they drink, and lurking around every bit of iron they use about their houses, their shops and their farms. From the Globe, July hist. The tariff bill came up for a third reading. Mr. Proffit of Indiana, said he was opposed to passing this bill with hot and indecent haste, taxing as it would the people of the United States to the amount of eight millions of dol lars per annum. He desired that the yeas and nays might be had upon every important amendment in the House. He opposed the gag law passed by the House. He instanced the article of raw hides as having been voted down without consideration. Mr. .Stanley answered Mr. Proffit, and moved the previous question, and refused to withdraw it. The question was then taken upon the pas sage of the bill, and there were yeas 111), nays 101. ‘i he main question was now about to be put, when Mr. Proffit asked to be excused from vo ting, and gave his reasons. He said the bill had been pressed through the House in an in decent manner, and a want of delicacy of taste. Mr. Proffit now withdrew his motion to be excused. The question was then put, and there were —ayes 99, nocs 115. So the reconsideration was refused, and the bill was passed. Mr. Wise upon the reading of the title, rose to amend it, by striking out and inser ting “A bill to violate the compromise act of the” 3d of March 1833-” lie said the bill should fit the caption. He said the House had unminded itself, and put itself under the dominion of Shrewsbury clock. He said the bill taxed the cotton bagging of Kentucky twenty per cent, and if cotton could stand this, yellow corn could. The rule was a rule to cover up the irresponsibility of the adminis tration. He said the bill would injure the commercial interest, and would be repealed in less than twelve months. Mr, Fillmore and Mr. Barnard called Mr W ise to order for debating the subject and not the title of the bill. Mr. Wise said he knew what be was about, lie was showing hi w the bill violated the compromise act, and why it should have a proper title. He said it was time this humbug of titles was exploded. A deposite bill dis distributed the amount of twenty-eight mil lions among the people in 1837. He said this bill if passed, would bring a protective tariff upon the country. He said there were some men in the House that lie would not lead, for they would drag so heavy that they would keep a giant back. Ile compared Mr. Stanly to a Pope at the Vatican, fulminating his paper bulls of excommunication, and was glad that he iiad found some charity for him, — He now withdrew his amendment, Mr. Bidlack of Pennsylvania sent to the chair an amendment to the title of the bill: “And lay a tax on the producing classes to make up the contemplated deficiency in the Treasury, arising from the contemplated dis tribution of the proceeds of the public domain tor the benefit of stockjobbers, loan holders and speculators.” Mr. Triplett of Kentucky said that it was not in order to insult the Whig party by such a title. The chair said there was no insult, in his opinion, in the amendment. * Mr. Bidlack said he had drawn the amend ment hastily, and should be very sorry if any gentleman supposed he wished to impugn their motives. It was not in his nature to ar raign the motives of others. It was a mere difference of opinion as to the proper name for the bill. Sir, (said Mr. B.) lam one ot tiiose who think things should be called by theii right names ; and he believed the title which he had proposed for the bill, was the bill, was the best description that could be giv en to it. For himself, he most firmly believed whatever gentleman might think, tiie opera tion of the bill would be to tax tea and coffee anu other necessaries of life, consumed alike by all classes while it exempted Irom tax railroad iron, and other articles for the bene fit of corporations. lie went on to show that the tax upon tea and coffee of mure than two and a half mil lions of dollars, we intend to supply that a inount subtracted annually by the contempla ted distribution of the proceeds of the sales of the public lands. Mr. B. was desirous for an early and final adjournment, and, had, therefore, forborne from consuming tune in the previous discussion ; but he was anxious that this most unjust proposition should be brought upon its face in connection with the bill which had rendered it necessary, and that it should go forth to the world with its proper name upon its front. He knew the majority wonld be opposed to it, and would vote it down, and having briefly expressed his opinion of tiie bill, he would withdraw the amend ment, rather than consume time m the vote or discussion upon it. But the Chair not hearing him, Mr. Burnell of Massachusetts made a speech to show that he voted for the bill to save the great Whig party from splitting to pieces, lie hated to vote* against tea, and coffee, but he could not embrace molasses, sugar, and salt, that had been hitched to it in tiie House. Mr. Bidlack rose to explain, but Mr. Bur nell refused him the opportunity. From the Augusta Constitutionalist. The Georgia Delegation voted for the Tariff, with one exception. —People of Georgia look at this! you will see by the fol lowing extracts, that a northern man—a cor respondent of a northern newspaper, himself a whig (apparently) in his politics, deems the fact worthy of notice, that the GEORGIA DELEGATION in the Congress of the U. S. voted for the TARIFF BILL, when the MASSACHUSETTS DELEGATION di vided on the question. Tiie writer is slightly mistaken, Mr. Alford alone voted against the Bill. All the others of our representation voted for it. Alas! what is to become of southern rights, of state rights, and southern Interests, K the great whig party V that party ‘m which northern influences thus predomin ate, can so mislead the sons of Georgia and juggle them by party trickery into such a committal of their constituents’ interests?— ; Who does not see in this sign, in the cloud !“ no bigger than a man’s hand, which shall j yet break in thunder over the devoted south ? ■ People of Georgia ponder this thing in voir hearts! ° A QUIET MAN ■ To the Editors of the Fhi’a. Saturday Courier: Washisoto.v, August 2, IB4t. Dear sirs :—The third month of the session has commenced, and still the end seems afar off Some pretend to say that the House will adjourn on the 9.h of August: but Ido not believe it.. An ocean of words have yet to be poured out upon the Bank and Bankrupt Bill in the House, and upon the distribution and Tariff bill, in the Senate. The Tariff bill, after a week’s discussion, was cn Friday ordered to be engrossed. The Massachusetts delegation divided upon the question, but the Georgia delegates went in a body for the bill. Many seem to consi der it as an act of hasty legislation, and Mr. Proffit, of Indiana, made no bones of expres sing this opinion on the subject. The bill taxes Tea, Coffee* Molasses* Su gar, and Salt to the tune of 20 per cent., and allows a drawback on rail road iron. It also puts a lighter duty on Gold Watches, Jewel ry, Gems, and Precious Stones. It is like a wizard’s sword, and and cuts both ways. ****** On Saturday, the bill was passed by 15 ma jority ; 116 yeas and 101 nays. Tffe opponents of the bill now endeavored to change its title. Mr. Wise mo.ed to call it —“A bill to violate the compromise act, of March 2, 1833,” instead of “A bill to regu late duties and drawbacks.” Mr. Bidlaek, of Pa., moved to make—* A bill to tax the people to pay for the amount distributed to the mon ey lenders, stock-jobbers and speculators.— Both gentlemen, after having made their speeches, withdrew their amendments—the title was then adopted. From the N. Y. Herald, August 7. The Five Measures in Congress. —The apathy which exists in the public mind, while Congress is busy passing its five celebrated financial measures, does not surprise any one acquainted with the condition of the country, or the progress of good sense. If these measures, had been in the same process of debate in 1837 that they are now, the whole community would have been in a paroxysm of excitement on the arrival of the news each morning. Now the matter is all changed. The great mass of the business community are in a state of repose. They care not what. Congress pass. They are re gardless of banks, loans, or lands. They have long since seen the folly of expecting any good to trade and commerce from the schemes of politicians and president makers. The principal interest therefore felt about the movements of Congress, is seen among the speculators, stockjobbers, and their agents from Europe. Among that small class, inclu ding perchance the office-seekers, there is a great, deal of curiosity and doubt felt towards the President. They are not sure of him— and hence the half coaxings, half-denuncia tions of that portion of the newspaper press in the stock-jobbing interest. Yet this apathy towards these measures ought not to exist. They will, if all passed, become the ground work of anew system— a fresh union between politics and finance, founded on principles that operate very une qually upon the great mass of the nation.— What are those measures? We have al ready enumerated them—lst, anew Bank; 2nd, a Bankrupt Law ; 53rd, anew Loan ; 4t.h, a Revenue Law ; sth, Distribution of the Pro ceeds of the Public Lands. The character ot all these measures is broadly enough stamped upon their face. They are identi cal and homogeneous, and pres*, lit one of the finest pieces of machinery for taxing the poor for the benefit of the rich—fur taking away the property of the real owner and g iving it to the speculator—that ever teas devised. The Rev enue Law will increase the price of the poor man’s coffee, tea, and other necessaries, in order that, the magnificent London stockjob bers may save the money they have loaned to the States. The stocks of several of the States may be aided a little, but very little— in the ratio of three —while the poor man’s tax is increased in the ratio of eight. Other branches of this singularly constructed finan cial system have other effects. The money of the capitalist will be sought for, and got in order that it may be borrowed by the spec tator just escaped through the Bankrupt law. Such being the general character of the new system, it may be asked, “ought it to pass?” “Oh ! yes, certainly.” It is a fresh experiment—a new expedient—a novel com bination between politics and banking—and we may as well submit as not. It won’t last four years —that’s certain. Our readers will find in the subjoined brief article from the Augusta Constitutionalist, of the 14th inst., some of the evils in detail which will be inflicted on the country by the new Revenue Bill: The Tariff. —lt will be for the people of the south to remember that as a relief measure, tiie Whig House of Representatives of the United States, passed a bill laying a tax of 20 per cent* on Tea, Molasses, Salt, C'ojfee, Su gar, and other necessaries of life, and that such things as Precious Slones, Gold and Silver Epauletts, Gems, Engravings, Statuary, and other articles of this description, cUTn be im ported free of duty. Not one democratic member of Congress vo’ed for the bill. The vote in favor of the bill was 116, against it 101. Os the 101 votes against the bill,- 87 were democrats, and 14 whigs • the 14 whigs were Messrs. Alford, Borden, Everett, J. Ed wards, Gilmer, Hunter, J. Irvin, W. W. Ir win, Mallory, Saltonstall, Slade, Van Rens salaer, Wallace, and Winthrop. By statements from the Treasury Depart ment, and laid betore Congress by the Com mittee of Ways and Means, the increase of revenue by the new tariff is estimated at about ten millions of dollars. The article of tea, which is now free of duty, will produce $!,- 083, 517, and increase the value 5f cents per lb. The article of coffee, which is now free, will produce 51,709/214, and increase the value nearly 2 cents. The article of blankets, costing not exceeding 75 cents, which are used by the poor and negroes, and which pay now a duty of 5 per cent, will have to pay a duty of 20*per cent. Wines, which produced during the year ending 30th September last, according to existing duties, <§>196,073, are estimated to produce, according to the new tariff, a revenue of only <§441,835, while the article of tea and coffee will produce a revenue of $2,792,741. From the Savannah Republican. Aug. 14. LATE AND IMPORTANT FROM FLORIDA. By the U. S. steamer Gen. Taylor, Capt Peck, we yesterday evening received the sub joined letters from our attentive correspond ents in Florida. They contain the latest in telligence from different sections of the Indian Territory. The enemy it will be seen have been committing more murders, but from the active movements of the troops, there is a strong probability that they will shortly be brought to an account. Correspondence of the Savannah Republican. PILATRI, August 11. Gentlemen—Within the last two weeks, the Indians have twice made their appearance in the neighborhood of Micanopy. On their first visit, they merely took a little corn from Tarver’s plantation (5 miles froru Micanopy) and passed on towards the north. On their second visit they were more bold. On Sun day last, a citizen by the name of Higinbo tffttn. fthitet on the ft ad between Tarver's and Fort Harley, and about two miles from the former place, was fired upou by a party of the enemy, about ten in number. He escaped to Fort Harley. He states that his clothes were pierced in several places by their bullets, and the reins of a bridle by which he was leading another her ?, were cut in two. The news was taken to Micanopy about 12 at night A party consisting of 50 men, com manded by Lieut Whiting, marched at day light, in pursuit. On the night of the 9th, an i express arrived at Micanopy, givimj infornia , tion that a citizen of the Ilogtcwn settlement ha- 7 ’ sen shot in the early part of the atter no ■: Lieut. Hanson left YVacahoota with a mouiued force immediately on the receipt of the news at that station ; and a party under the command of Capt. Holmes, left Micanopy on the morning of the 10th. Thus it will be perceived, that three parties are out,-ope rating | in the south, west and north of the Alachua | country. A scout had been out a few days | before, which scoured the whole country, but ! there was then no signs whatever of the ene my--which goes to show that they do not ; remain stationary. It is also reported that the mail rider, and another citizen, had been shot by the Indians in the Ocilla, their bodies cut to pieces and piled in the road. The mail rider was fired on tonight near Fort Holmes, which post has lately been abandoned. A company of Dragoons, uuder Capt. Fulton, is now in pursuit. Yours, truly, East Flohida, August 11, 1841. I Gentlemen—As you take much interest in 1 all that concerns Mr. Haleck Tustenuggee, ’ it may be interesting to you to learn, that hot ! pursuit is now being made after that gentle man by two parties of troops, one from Fort Russell, consisting of forty horsemen and thirty footmen, under command of Lieut. G. I W. Fatten, with Lieut. Merrill, 2d Dragoons, and Lieut. Lovell, 2d Infantry ; and the other party from Fort King, consisting of all fit for duty. The scout from Fort Russell, is to ex amine the country between the Oclawaha'and St. Johns, as far south as Lake Churchill, and Fort Butler—and the scout from Fort King to co-operate from the South. It is believed that Mr. Haleck is skulking about in this region, since his “last field of Corn” was destroyed by Capt. Seawell. If indomitable persever ance, which seems to defy the almost fatal I rays of this Southern Sun, which has already i broken down a large portion of the army, can i accomplish the capture of this redoubtable | chief, we may look for this much desired re sult. To see these men inarch off with five nays rations on their backs, and thirty rounds of cartridges, as cheerfully as they would to a parade, you with your military experience,’ Messrs. Editors, would think they were fel lows who would accomplish any thing, and so they can, any thing that man can accomplish. Success to them, and may all return “safe and sound ” with Mr. Halieck and all his band, as a reward for their hard service. But one word in your ear, Messrs. Editors, dou’t eay the war is over do facto.” Yours truly,* Florida, Aug. 12,1841. Gentlemen—The news from the seat of war is still favorable. YVe still hear of Indians qoming in at Tampa, and of scouts in active operation. Halieck Tustenuggee, however, remains indomitable. But he is closely beset and hopes are entertained that be will come in speedily. Simultaneous scouts were to have started today* both from Fort Russell and Fort King, in quest of this recreant chief. YVe learn by the express just arrived from the in terior, that Lieut. Patten actually left Fort Russell yesterday morning, with a detach ment of seventy Dragoons and Infantry, with the intention of scouting the scrub between the Ocklawaha and the St. Johns, and to co operate with the scout ordered from Fort King, by that energetic commander of the 2d Infantry, Lieut. Col. B. Riley. If Halieck Tustenuggee continues to remain in the vi cinity of his old haunts, lie must be an adept at the game of “hide and go seek.” Fort Holmes, (E. F.) is abandoned. Its garrison, consisting of Company A and G, 2d Infantry. Company G, commanded by Lieut.. Patten, is ordered to Fort Russell, and Com pany A; under Lieut. McKinstry, to Fort King. Asst. Surgeon Birdsall, is ordered to report to the medical Director at Tampa Bay. THE NEW REVENUE OR TARIFF BILL. The following are the remarks of Mr. Prof fitt, (YVhig,) a member of Congress from In diana, on the Tariff Law, which has just passed the House of Representatives, and for which the Georgia Delegation voted, with the ex ception of Messrs. Alford and Foster. YY r e recommend them to the special attention of our readers : Mr. Proffit said it was well known that, three weeks ago, he had offered a resolution providing that the yeas and nays should be taken on amendments submitted in commit tee upon this bill, and also upon the bank bill. He had never been able to get up that reso lution, though lie had frequently endeavored to do so. Ani what was the consequence, and what Was now the spectacle presented ! The consequence was that the sum of eight (and probably ever of twelve) millions had been directed to be raised by imports, under a bill which had been hurried through with rash and indecent haste, and without the members being allowed to assign one solitary reason for the votes they had given. Not a single gentleman in this House was now responsible to the people for the passage of this bill. Not a single individual out of this House could tell how any one of the members had voted.—- Here was a bill imposing duties on articles which, in his section at least, it is supposed never would have been taxed ; and yet no one was responsible for it, because, the moment the bill had come into the House, the previous question cut off all debate, and forbade any expression of opinion or sentiment on the part of any member. He knew that in this matter he differed from a large majority of bis political friends.— He regretted that it should be so'. But he had opposed,- and so long as he had a seat on that floor,- be would continue to oppose the principle which had been introduced this ses | s;on in legislating as they had done. He had I had no opportunity to express his sentiments, neither ire nor any other member had had an epporlunity of saying one word upon the a mendment offered by the gentleman from South Carolina (Mr. Pickens) —striking out the article of raw hides, an article of which two and a half millions in value were impor ted into this country—was, of itself, of suffi cient importance to be debated one day; yet not one word had been said upon it. And that they were called blindly to vote upon the passage of a bill containing numberless items upon which they had not had the privilege of opening their lips. And when the numbers of this House went home , and the question should be asked who had voted for the imposition of du ties upon coffee , the ansrotr would be, Not I, not I, and not I.” Who they were that had given such a vote was a matter not to be found out; an-j, yet, if his vote was recorded in favor of fine passage of the bill, it would be taken for graeted that he had voted for all these propositions. No debate, no reasoning, no analysis had been allowed, and gross-in justice hau’ been done to the mercantile clas ses, without even allowing them to-be heard ’ through their representatives. Not a word had been allowed on the important amendment ! offered by a member from Atassachusetls (Mr. i Saltonstall,) giving to men who had shipj>ed \ cargoes in good faith under the last tariff the i poor permission to land them under that tariff; i and they had thus been subjected to an additional ’ duty of twenty per cent. i He had made it a rule of his legislative life, (not ftfKP a Tory brief one, (St least in die Le gislature of Indiana,) where, on matters of this importance, a free discussion was not al lowed—where lie believed the legislation to be hasty, junnatural, aud contrary to the spirit of the Constitution, and of the laws of the House —to vote against itand he would do so. [A voice—“Agreed.”] Mr. P. continued. The gentleman says “agreed.” Suppose he was not agreed, does he suppose that that would make any material difference ? [Loud laughter.] lie (Mr. P.) presumed that it amounted to about the same thing, whet'.ier the gentleman was agreed or not He thought it had been sufficiently tes ted here that, on all these matters, he had pur sued the course which he believed to be cor rect, without the little popularity of the day, or caring what other gentlemen might say or think of his position here. Jle had been in favor of imposing duties on wines* silks, and other luxuries, and he had supposed that Congress had assembled among other things, for that purpose. He contended that by this bill duties were imposed on articles not contemplated by the people, nor agreed upon by them. He re-asserted that gross injustice had been done to the mercantile classes by this legislation—a legislation which (Mr. P. was understood to sav) had been well char acterized in a letter addressed to one or tlie members from Massachusetts, rind read by him, as a species of Mexican legislation not to he tolerated. New Post Masters Appointed. —-George S. Black lias been appointed Post Master at this place, vice Chester Hawks, resigned.— The Post Office has been removed to the store of Messrs. Sullivan & Black. H. C. Phelps, New Ecliota, Cass county, vice W. J. Tarvin, removed. Samuel Stewart, Rome, Floyd county, vice N. Yarbrough, removed. Daniel H. D rd, Canton, Cherokee county, vice YY r in. Grisham, removed. These all are the removals we have heard of in the Chero kee country.—Cassv'ille Pioneer. The weather in this section, for the last week has been unusually cool for the sea son. The crops in general, look very promis ing.—lbid. Revolutionary Veterans. —A writer in the New York Express stales there are but five officers ol the Revolutionary Army in that city, and adds the very rent-askable cir cumstance that the ages of these advance seriatim from 85 to 89. Their names and ages are as follows. Lieut. Abraham Legget, in liis 85th; Ma jor Leonard Dleeker, in his 86di ; Major Gen. Morgan Lewis, in hisS7th; Capt. The odo3ius Fowler, in his 88th ; and Major Wil liam Popham, in his 89th. They are all in good heaith.--Savannah Georgian. The Distribution Bill.— The Chicago Democrat shows thd extent of the relief to Il linois which will be realized if the bill to dis tribute the avails of the public lands should become a law.- If three millions are distrib uted, Illinois will receive thirty seven thou sand dollars annually. The entire debt of the state amounts to fourteen millions , and the an nual interest to seven hundred and fifty thou sand dollars. Deduct the sum furnished by the distribu tion bill (-$37,000) from the interest on the state debt ($750,000) and it leaves $714,000 to be provided each year by a direct tax on the people ; and it also leaves the principal of the debt, fourteen millions, wholly unprovided for.—A lbany Argus. EXCHANGE & BANK NOTE TABLE CORRECTED IV NORTON & LAXGDON. EXCHANGE. Bills on New York at sight, 15 per cent prem. Bills oil Baltimore, 13 “ Bills on Richmond, 13 •* Bills on Mobile, 8 “ Bills on Savannah, 10 “ Bills on Charleston, 12 “ Bills on Philadelphia-, 10 ** Specie, 10 CURRENT NOTES. Bank of Columbus, Planters and Mechanic’s Bank. Oentral Bank of Georgia, Ruckersville Backing Cos. spro. Georgia R. R. and Banking Oohtparty. 5 pretti SPECIE PAYING BANKS. Insurance Bank of Columbus at Macon. Commercial Bank at Macon. Bank of State of Georgia ajni Branches. Bank of Augusta, W estern Bank of Georgia, at Rome, aud Branches at Columbus. Batik oFSt. Mary’s Bank of Milledgeville. Augusta Insurance and Banking Compiny. Bank of Brunswick and Branch at Augusta. Mechanics’ Bank of Augusta. Marine and Fire Insurance Bank of Savannah and Branch at Macon. Branch of the Georgia Raii Roid at Augusta. Planters’ Bank in Savannah. Farmers’ Bank of the Chattahoochee. Ocuiuigjee Bank at Macori, Alabama Barks, 3 pr South Carolina Bank Notes, 16 a 12 prem. Specie paying Bank Notes, 10 percent premium. UNC U RRE NT BANK NO TES. Bank of Darien and Branches, uncertain Chattahoochee K, R. & Banking Company, 60 to 70 per cent. dis. Monroe R. R. ft B’g Cos. at Macon, 70 do. Bank of Ha vkinsville, 10 do. Life Ins. and Trust Cos. 60 do. Union Bank of Florida; 60 do. Bank of Pensacola, uncertain. UOJ_iUxYIJiUiS PRICES CURRENT. CORRtCTED WEEKLY BY HIKA{ YOUNG & CO. Bagging—Kentucky, yd 00 a 28 Indian, : : : “ 3(1 a 3o Inverness, ; : “ 00 a 25 American Tow, : : “ 00 a 00 Bale Ropß, : s : lb 121 “ 14 Bacon —Hans, t : “ 7 a 09 Sides, 1 : : “ 07 a 8 Shoulders, : J 11 00 a 10 Beef —Mess, : : bbl 00 and 00 Prime, : : : 11 00 a 00 Butter— Goshen, : lb 25 a 37} Western, “ 15 a 20 Candles— -Sperm, : “ 50 a 00 Tallow, : : : “ 00 a 18 CASiTNOd, : : : * 6 a 7 Cheese— Northern, : “ 12 a l6i Cotton, . : : “ 8| a 10 Coffee— Havana green, “ 00 a 15’ Rio, : : } ! “ 00 a 16* FlsH—Mackerel No. 1, bbl 00 a 00 “ 2, I “ 00 a 00 “ “ 3, J “ 00 a 00 Herrings, : : : box 00 a2 00 Flour— Northern, r bbl 00 a 8 Western, : : : “ 7 00 a 7 50 Country, i : : “ 6 00 a 7 00 Grain —Corn, : : bu 00 a 50 Wheat, : : : “ 00 a 7a Gunpowder, : : keg 700 a8 00 Hides, : : : lb 7 a 8 Iron, : : : : “ 07 a 8 Lard, : : : j “ 00 a 12 Peas, : : : : hu 00 a 75 Raisins, i : • box 300 a4 00 Lime, : : : cask 00 a 500 Molasses —N. O. : gal 35 a 37. Nails, : : : : lb 8 and 9 Pop.*,—Mess, : : : bbl 00 a (Q Pume, : : : lb ('<o. a 00 Rice, : : : : 00 a 06 Pipper, ; : : “ 12 a 15 Spirits —Brandy, Cog. gal I 75 a 2 50 Peach, : : f ‘ fooa 125 Anple, : : : “ 00 a 70 Gin— Holland, : : “ 1 50 a 1 75 Domestic, S’s f: “ 45 a 50 Rum—Jamaica, : : “ l 75 a 2 00 Domestic, : : : “ Q 0 a 45 Whiskey— -Frish, r “ 01 a4 00 Monongahela, : r “ 87 a 1 t‘o New Orleans, : “ 35 n 40 Sue vr—Ne w Orleans, lb 08 a 10 St. Crot*, t a : “ 12 a 13 Loaf, : : : “ 18 a 25 Salt, : : : : sack 00 a 2 50 Soap, : : : : lb 8 a 10 Shot, : : : : “ 00 a 12 Chattahoochee R. R. &, Banking Cos. of Ga- Columbus, July 17, 1841. IN pursuance of a recommendation of the Stock holders present at the Banking House on the 10th Julv, mslant, the Directors, on the 15th in-tant, ao painied Van Leonard, John Bethune and Wm. P Yonge, Trustees, f )r the benefit of the creditors and Stockholders of said Institution ; and have this dav delivered into the hands of said Trustees the asset's and iabilittes of said institution. By order; July 21 24 it L. GAMBtULL, Caehier. DEMOCRATIC REPUBLICAN TICKET Randolph County. Senate, Georof W. Harrison. Representatives. Jacob J3. Shropshire, , Zadoc Sawyers, Esq. Clerk Superior Court> O. H. Griffith, PRESENTMENTS Os the Grand Jury of Randolph county, Au-r gust Term, 1841. ’OTBU'E the Grand Jury, swo n, etiosen and selerretJ * for the present Term of this Court, beg leav* to in ke the following presentments : }. We present the public jail of tho county as being in bad repair, and unsuued in its present condition for the purposes for which it was intended, and suggest to the justices of the Inferior court the necessity of inw inert.ale and thorough repairs. 2. VVe have examined the Books of (be Clerks of the Inferior and Superior Courts, and find that they have been kept, in a manner highly creditable to the public officers having them in charge. 3. Upon the examination of ihe books and accounts of the county Treasurer, the Grand Jury would re commend ur the Treasurei a rule more systematical m the arrangement of tiis books and accounts, than has been used bv some of his predecessors in office. After deducting the sum o’ $93 27R advanced by the late Treasurer out of his own lands and the tuither sum of $51)0 59 of due bills, for the redemption of which, the county is liable, we tind in the hands of the Treasurer $156 22*, in not son solvent persons. In the hands of James Buchanan, the Treasurer of poor school hinds, we tind the sum of $927 75, in ish on hand; The Grand Jury also rinds that indiv aiS heretofore authorized to receive the Academic 1 .nils of the county, have received from the State targe a tno nts of money belonging to the county, and refuse or wholly neglect to pay over the tame. This Gra id J tiry ilie. efore recommend to the proper authorities to cause a slrict examination to be made in order to ascertain the amount of money so received and the names of the individuals by whom the moneys have been received and that they cause the same to be collected bv suit al law against the defaulters and their securities if it cannot be otherwise collected act soon as possible. lu discharge of the responsible duties ininosed upon them by ihe countv, the Grand Jury have endeavored td be just and feat not, an | ifter a dilig< nt inquiry inu* the state of public morals and utleiices against the laws, we have ample ground to congratulate our fel low-citizens upon the rapid improvement which a few vears have brought about in the moral condition of thtf country. The Gr ind Jury being about to be discharged from the responsible duties of the present term, avail them selves of a right secured to them by our tree institu tions, and sanctioned by long established practice in Georgia, of expressing themselves freely and unre servedly of such public measures as affect the public weal. ‘l*he people of Randolph in common w ith the citi zens of our sister coun'ies for a number of years past* have been in t he habit of receiving timely accommoda tions by way of loans from the Central Bank, ati instil tulion founded upon ihe money ot ihe people ot the slate, and under their control and direction. ‘I he profits arising iroiri it defrayed the expenses of the government and the people were exonerated front IhX* atiori. The people of ihe state felt the beneficial his tiuence or dial institution and with an enlightened zeal cherished u and nad itason to hope that its existence would have been long protracted. Bui alas', our Lea gtslators in an evil hour, were seized with the mania of speculation and internal improvement without suf ficient means to complete the work, the Western and Atlantic Railroad w as commenced and soon expended die funds of the Central Bank and involved the Sian* in debt, we cannot shut our eyes to the painful truth: The funds of the Stale are exhausted and the people are deeply indebted. Pecuniary distres- pervades llitt whole Stale. Thb Central Bank shorn of its strength by die lan Legislature, call no longer extend to th* people further accommodations, ana is compelled to confine its action solely to the collection of such sums as U had previously loaned to the people, and to com plete our ruin a double tax is imposed on u* for no i other purpose that this Grand Jury can conceive than to further prosecute the w ork on ihe Railroad, which lias consumed the funds of the Central Bank. This Grand Jury view with deep regret the course pursued by the Legislature relative tt> the Central Bank. stead of euitailing, ibis Grand Jury candidly believ* that the then and present condition of the country quired that the means amt powers of the Central Bank sliouid have been enlarged and strengthened, so as td have prolonged its existence and enabled it to have exLenued its aecoinmodaiions and relieved the people from utter ruin which now threatens them. Hail surh a course been pursued, this Grand Jury believe that many families now reduced to beggary and want* might have redeemed their fortunes and continued td co itribuie by their enterprise and industry, to thb wca.th of the Stato. VVtii.e litis Grand Jury would rejoice at the rapid progress which is now making in various parts of the Siaie in Works of Internal improvement, conducted by individual enterprise, they cannot withhold their disapprobation of that policy which induced the State to embark in works ol Internal Improvement. Twd millions of dollars have already been expended oh thei Western and Atlantic Railroad, and we are told by Commissioners that upwards of two millions more will be necessary for its completion. How is this enor mous sum to be raised ? By borrowing money ? if so, why could not the Stale have used her credit ttf relieve her citizens front utter ruin, with which they are now threatened 1 Can the money be. raised by taxation ? Let our Legislators look to the Sheriff Sales iu every part of the Stale and answer litis ques tion. This Grand Jury would not exaggerate the evils that distre-s which pervades the whole country. All must see it, and a large portion of the country deeply feel it, aud we cannot withhold the expression of the hope that our next Legislature will humanely adopt some measure to alleviate our distress and dt* mmish our burthens. (We have examined the books of the Tax Collector and allow him on hi< insolvent list as follows $lB2 84 4 as State ‘l ax, $95 47 2 as county lax, also the sum $24 13 2 as- poor lax.) In taking leave of his Honor Judge Taylor, the Grand Jury tender him iheir thanks for his courteous attention to this body during this Term and Ihe able and dignified manner in wh.cli he lias discharged his official duties. The Grand Jury tender to the Solicitor General, Adam A. R .binson, Esq. their thanks for his prompt and polite attention to iheir body during the term. BARZILLIA GRAVE*, Foreman. John G. Gilbert, John N. Martin, Oilen Barbree, David Ferguson, Williamson Collins, Frederick Barefield, Seaborn A. Smith, James 11. Martin, Lewis W. Baker, Alien Adams, William Coleman, Jordan Tucker, James Raysor, E. C. Brooks, Wm. B. Mitchner, Thomas Crozier, Jesse Slocuinb, Benjamin 11. Rice, James Johnson, James H. Andrews^ Austin Frederick, Richard Spence?.. The undersigned dissent to the above so far as rel tes to the Central Bank. Benjamin H. Rice, William Coleman,, James Raysor, David Ferguson.. On motion, Ordered, that these prssejcyienfs has published in the Columbus Time; Enquirer. ‘The above and foregoing is t true extract from the minutes of Randolph’ Superior Court, August Teun„ 1341. ‘ O. w. . GRIFJiTu, Clerk. August 14th, 28 T-t NOTICE; Georgia insurance, and trust COM PAN Y.—The, Agency of this Company, ni tne City of Columbus, Georgia, was closed on ths £3d uli, J. MiLUGAN, Sec’y.. August I'S 28 3t BROUGHT to jail, ANEG.RO man who calls himself Henry Jack son. and'says he is free ; came here with John, Benton, from Q,uincy, Florida, and says that his mollis er live3 tn Charleston. He is small, weighing about 100 pounds, and about 20 years old ; dark contp'i eti and. The owner, it any, is desired to coute forward, prove property, pay expenses and take him away. He sayn, John Belli on has bis free papers, WILLIAM BROWN Jailor. May 20 15 ts DISSOLUTION. THE firm, of A. M. Cox & Cos. is this day dis solved by mutiiAl consent. Those indebted to them will please pay to H. P. Brandin, and hav ing claim., will present them to him for settlement. A. M. COX, August LF 28 3t H. P. BRANDIN. COTTON BAGGING. Direct Importations. /'"3T7RE sHbscribers have just completed their sea ■M. son’s import of Cotton Bagging, consisting of Dundee 44 inch, weighing 2$ lbs. per yard. “ 44 u .. c 2 “ “ “ 44 “ “ ]3 (< (i “ 44 “ “ “ 43 “ii y „ “ 42 “ U u Inverness 43 “ << jl u it Double E. 1. Gunny 44 “ •! e>* u u Smgie “ “ ‘ 4.1 i* y „ Also, Scotch Twine, superior 3 strand. Bale Rope, India and English. V\ hich are offered to the planters and merchants rs Georgia, at such prices and on such credits, for city acceptance, as will render a home purchase more ad vantageous than one in a northern maiket, and enable supplies to be sent immediately into the interior, du ring the existence of good uver navigation, and at the prevailing very low rates of freight. ANDREW LOW & Cos, Savannah, May 13 14 3h