Newspaper Page Text
MORNING NEWS.
BY JOHN m. COOPF.R.
W . T . THO M P 9 O N 7 £ 0 IT O R .
TERMS
daily pa pin $4 00 | Tnt-WKF.Ki.y $3 00
All New Advertisements appear in both papers.
Tlie Ashes Hour Glass.
FHOM Tint CIEkMAN OF FHKDEr.ICK BUCKEHT.
When Torittnund.for lore of Rosalind,
Consumed to ashes in the flnino she fanned,
Sho did not straw his nslies on tho wind,
But gathered it all up with faithful hand ;
And now be Borvos tho Child's inventive inlnd,
Within her hour-glass placed, instead of sand,
Glad that through her he still no ponoe doth find
In death, who found none la the living's Innd.
C. T. B.
The Ichneumon Sucking the Eggs of a
Crocodile.—This singular animal bears a very
elosn resemblance to tho weasel family, both in
form and habits. It is about eighteen inches long
from end to end. It feeds upon birds and rep
tiles, as well as upon rats and mice.
The most famous species id this creature is
known in Egypt and the adjacent countries ns
“Pharaoh’s rat." It is larger than a cat, but
formed like a weasel. It is of a grey
color, with along tail, small plowing eyes, and
a pointed nose. A living specimen is to bo soon
in tho London Zoological Gardens.
Tho Ichneumon was one of the numerous ob
jects of worship among tho Egyptians, probably
because it was so useful in preventing tho in
crease of crocodiles by destroying their eggs.
These they Buck with grent avidity, and this is
tho host way of preventing tho increase of any
•vil—sunk it up in tho eggs.
It is a natural enemy of tho serpent rnen nml
exceedingly expert in seizing them by tho neck,
sons to‘prevent any injury to^tsolf. Tho Ich
neumon sometimes squats on its haunches, nml
feeds itself with its fore paws like tho squirrel.
The Ichneumons are often mill'd belli in
Egypt and India, nnd employed to destroy ver
min. When they sleep, they bring tho head and
tnil together, and roll themselves into the shape
of a ball. They can also dive and swim like the
otter, being able to remain a long time under
water. Surely God has made nothing in vain !
In connection with tho above sketch of tho
Ichnuomon, which wo copy irom tho “Youth’s
Penny Gazotto,” tho Rov. Mr.- IIamner has
furnished us with the follnwing little fable,
which ho is wont sometimes to uso to enforce
his urguments in behalf of tho enuso in which
ho is ongngod—tho moral culture of youth:
The. Fable of the Tentyrites.—A crocodile
of a prodigious size and uncommon fierceness
infected tlie batiks of tho Nile, nnd spread des
olation through all the neighboring country,
and ventured to carry his incursions even into
tho Island of Tentyra, and to bravo the people
who bonst themselves tho only tamers of his
race. Tho Tentyrites themselves wero struck
with horror at tho appearance of a monster
moro horrible than they had ever seen before,
and endeavored with nil their art and address
to surprise him, hut in vain. As they wero
consulting together what they should do in
those circumstances, on Ichneumon stepped
forth, and thus addres^ld thorn : “I know your
distress, neighbours, nnd though 1 cannot as
sist, you in tho present difficulties, yeti can give
you some simplo advice, that will bo of use to
you in future, if you take it.
A little prudence nnd precaution is worth
all your courage: it may be glorious to over
come a great evil, but tho wisest way is to pre
vent it. You dispise tho crocodile while ho is
smnll nnd weak, and do not sufficiently consid
er tlint ho is along-lived animul, nnd that it is
his peculiar property to grow ns long ns he
lives. Y°u sec I am a poor littlo feeble crea
ture, yet I nm moro formidable to tho croco
dile. I attack him in his egg; and while you
aro contriving for months, how to destroy one
crocodilp, I effectually destroy fifty in a day.
Bad principles might be. destroyed' in youth
with the same facility, if taken in time.
Our readers will not fail to appreciate, and,
as wo trust, apply the moral.
Chemistry of the Stars.—This singular
head forms tho subject of an article in tho Brit
ish Quarterly. The design of it is to show
thut the forms of life existing in this world aro
not repented in the other planets nnd heav
enly bodies. The article is destined to bn read
with unusual interest. Tho data from which it
reasons, aro tho variety in weight superficial
phenomena, forms and color of the heavenly
bodies. It is shown to be impossible that a
system of animal and vegetable life,resembling
that of our globs, can oxist on many of them.
Tho dry and rugged surface of tho moon, vol
canic, yet without sen and withoutatmospnore,
the varying quality of sideral light, and tho
chemical poverty of meteorites or air stones, as
faros their component substances have been
discovered by analysis, are among tho data
on which it is argued that tho stars aro not tel
luric, that they do not resemble the earth in
their composition, nnd, therefore, that life must
be otherwiso associated and sustained on tho
surface of those orbs, if it oxist at all, than on
ours.
Tho chemistry of the stars,it is inferred, must
differ from tho chomistry of tho earth; tho
grandeur of the universe and tho grandeur of
omuipotoheo aro not obscured, but vostly t illus-
tratod by this general fact of diversity, a di
versity that is already seen to surpa-ts all pre
vious thought and all possiblo conception. Yet
there may bo as wide a range of vital as of
chemieul diversity, and the rcusons of analogy
is urged in behalf of the hypothesis that the
stars are inhabited, are in no way invalidated
by the discovery that they aro not,or that many
tof them are not—ndaptod to the sustentii-
tion of such living beings as dwell on tho sur
face of our earth.
Perpetual Motion Discovered'.—Almost.—
A Mr. falter, of Livermore, has made a model
machine, which has been in motion by its own
power, upwards of a year; nnd it will go, says
tho inventor, as long ns the materials of which
it is constructed shall last. There is sufficient
power in tho model to move common clock
work. Tho inventor has secured a patient, and
is now having a model made of polished brass.
“1 hope you will bo able to support me,”
said a young lady while walking out one even-
ning with her intended, during a somewhat
slippery state of the sidewalks.
“Why yes," said the somewhat hesitating
ewain, “with a little assistance from your fa
ther." There was some confusion, and a pro
found silence.
Very Curious Case.—J.omlon Exchequer
Court.—Connoljy vs ,Connolly.—This was a
suit for restitution of conjugal rights, promoted'
by the Rov. Mr. Connolly against his wife.
Tho matter came before tho Court during the
lust, torm when tho allegation presented on be
half of Mrs. Connolly was directed bytheCourt
to bo reformed. This hud been done, and a
further allegation entered, which wag now like
wise opposed b\ the husband, on tho ground thut
it was exnctlv similar in substanco to the one or
dered to bo withdrawn. The brief facts wero,
that Mr. and Mrs. Connolly were born of Ameri
ca parents, nnd married according to the ceremo
nial of tho English Protestant Church ul Ameri
ca. Soma time previously to October, 1333,and
about four years after such marriage, they deter
mined to becomo Roman Catholics, and for such
purpose proceeded to Rome. Mrs. Coimnolly
joined tho Romish Church at New Orleans, on
their way; and her husband, on thoir arrivul in
Italy, also abjured tlie Protestant religion, and
joined tho Roman Cutholic Church. After
wards they returned to Americn, nnd entered
into a verbal agreement tlint each should livo a
lifo of perfect chastity, which agreement has
since been steadfastly adhered to. Tho aguin
returned to Italy, where Mr. Connolly became a
priest of the Romish Church, nnd Mrs. Connolly
colored aconvont. Mr. Connolly was afterwards
appointed chaplain to tho Earl of Shrewsbury,
(a Human Cntiiolic Peer; upon which, in com
pany with Ids wife, he came to England, whero
she entered a convent at Derby. After the
lapse of some years, Mr. Connolly left tho
Church of-Rome, and applied to his wife, for
the purpose of inducing her to do the same,
nml to return to his roof. This, however, she
refused to do, assorting tlint she qpuld not vio
late the solemn onth she had taken upon entering
tlie Convent of the Sacred Heart at Rome. Mr.
Connolly, therefore, instituted tho present
suit.
Tho Court said it must take some considerable
time to consider this cns. It was one of great
importance to all parties, nnd it was a question
whether tho parties,^not being natural horn sub-
jocty, this count could exerciso its jurisdiction.
[Ncnagh Guardian, Nov. 37.
The Coast Survey.—Tho report of the
Superintendent of the U. S. Coast Survey to the
SocretaJy of tho Treasury in a rcconnoisanco of
Hatteras Cove, on the coast of North Carolina,
nnd of Bull's Bnyou tho const of South Cnrolina
by Lieut. J. N. Maffit, U. S. N. assistant in the
const survey, accompanied by sketches of tho
couBt, has been puMiscd, and contains much in
formation of interest mid valuo to sea-faring men.
The cove lies to tho Westward of tho extreme
point ofCnpo Hatteras and has been formed
since 1845 bv tho exotnsion of the Capo. Since
1345, the S. W. spit of Hatteras has mudo out
nearly 3-3 of a mile. Hatteras inlet is twelve
miles to the Southward nnd Westward of tho
Capo ami Bull’s Bay is about twenty-three miles
North of Charleston on the const ofS. C. The
following are tho sailing orders which accom
panied tho charts. Tho report is dated Juno
llth. 1840.
Hatteras Inlet.—Hatteras Inlet hears S. 70
deg. W. ( W. by S. if S.) 12 miles distant from
Capo llutterns Light-house. It is nasily known
by a remarkable round hammock covered with
trees on tho East side of the entrance.
The breakers seldom entirely extend across
the ontinnee, but at nearly all times muke on
each siite, and between them lies the channel.
Tho bnr should bo approached from the North
ward and Eastwnrd. Keep in from 4 to 5
futhoms water, along the breakers, until up
with tho opening. Tho course is N. W. by W.
half of a mile, keeping tho Eastern breakers
aboard, until tho house on the Enst point of the
entrance is on with tho south edgo of tho trees
on the hammock, when the course is N. W. half
W. throe quarters of a mile, bringing tho house
on the East point just open to tho Northward
of tho trees on tlie hammock; then tho course
up is N. W. by N. | N. three quarters of a milo
to tho anchorage just insido of tho sand spits,
which are bare at low water, and show at all
times distinctly.
The least water oil the bar is 14 feet at mean
low water, to which the soundings aro reduced.
Tho mean rise and tnll of tides is two feet.
Thetidosand currents ure much influenced by
tho winds.* Tho ordinary velocity in the chan
nel is 3 knots.
Tho bottom is hard sand, except a few sticky
points about tho anchorage at the head of tho
channel.
Bull's Bay.—In making for Bull’s Bnv, bring
tho N. E. bluff or point of Bull’s Island to bear
by Compass N. W. and then run for it. When
within three quarters of a mile of the l’oint,
steerN.JW. until you pans it, then follow round
the shore and anchor nt pleasure in soft bottom.
In loaving'Bull’s Bay for the Sound bp careful
not to keep away until you lmvo cleared tho out
er spit, which bears S. E. by S. from tho Bluff
Point of Bull's Island, <listant3^ miles.
Outsido of the harbor the flood set’s N. E.
nbout 1.3 per hour, nnd tho ebb E. by S. *| S.
1.4 miles, though much influenced by the winds.
Note.— Tho N. E. Bluff or Point of Bull’s
Island can bo seen 11 miles in good weather.
Naval Intelligence.—The following is tho
latest intelligence in regard to tho movements
of the Pncific Squadron.
U. S. store ship Southampton, Commander
Handy, with Comninnder Long nnd Lieut.
Emmons ns pnsssengers, arrived at Panama
on the 28th December. Awaiting cxchango
of officers.
U. S. ship Treble was expected nt San Fran
cisco on the 1st January. On tho 27th No
vember she was still at Honolulu. Crew im
proving, having lost 23 with scurvy.
U. S. “Savannah,” Commander Johnston,
at South Salita, Cal. Commander Jones was
at the mines.
U. S. “St. Mary’s” Commodore Voorhos;
Executive officer Marcban, at Honolulu, via
China, on Dee. 1st; all well.
U. S. “Massnehusets,” Commander Knox,
with the commission for the scurvy of a site
for a navy yard on tho Pacific Coast, is at
Honolulu, recruiting men and health.
U. S. “Warren,” Commander Pickering,
was at South Snlita.
U. S. “Ewing," Cnmmndner McArthur, sur
veying a site supposed to be good for a navy
yard, near Sonoma.
Rev. brig C. W. Lawrence.
SUP An English ship of war stationed at
Canton, recently destroyed four hundred pi-
rates, thirty-two armed junks, and captured
three hundred men.
EF* Col. James Watson Webb, Minister to
Austria, lias arrived nt Liverpool in the ship
Yorkshire, en route for Vicna to ussume liis di
plomatic duties at the Austrian court.
SATURDAY, JANUARY Iff, 1850.
137^ For an important, circular from the
Treasury Department, see first page.
The Steamer Ohio.—W*e have seen a let
ter from an officer of this steamer, written off’
our bar, which states that when off Cape Hnt-
terns she encountered a severe gale of wind,
in which she stove both her wheel-houses, and
sustained other damage. She was compelled
to lay to 48 hours.
Death of Com. Connor.—Tho Washington
Globe says, that Com. Connor died on Satur
day morning, 12th inst., at Erie, Pa.
We learn that by tho death of Com. Connor
his rank will devolve upon Capt. Josiaii
Tattnall, of this city, so recently honored
by tho Stnte and his fellow-citizens of Snvnn-
nnh for his meritorious services in tho Into
Mexican war—his name being first on the list
in the line of promotion. The lists of the ser
vice do not furnish a name more worthy of the
rank than that of Capt. Tattnall, whoso
broad peimnt will over be a guarantee for the
honor of our flag.
Counterfeits—The Chaleston Courier no
tices the appenranco of counterfeit $20 hills,
on tho Commercial Bank of Columbia. They
are numbered 85 and 44, and both lettered r.b
Charles Toppon & Co., Phila., engrnvcr|.
They are payable to J. Jones or hearer; dated,
Columbia, May 1st, 1844 ; nnd. signed, J. A,
Crawford, Cashr.; A. Blanding, President—
their dato being about live years after the death
of the President, Col. Blanding. The vignette
is the Genius of Agriculture, surrounded with
appropriate symbols. On the left is tho figure
of Washington, and on the right a head. The
signatures of President and Cashier arc en
graved, not written.
The Baltimore Sun states that counterfeit
$;> bills on the Franklin Bank of that city are
in circulation. The hills aro remarkably well
executed, ami calculated to deceive tho most
wary. The Bank is culling in the issue on that
plate.
fUF* Joseph Barker, the new Mayor of
the city of Pittsburgh, was brought from the
jail by tho Sheriff, on Tuesday morning last,
and inaugurated Mayor of tho city, in tho pres
ence of the Council and a largo concourse of
citizens, to whom he made a phort speech, in
which, among other things, he declared him
self in favor of tho^suppvession of “Dogger
ies” in the city. Tlie cheering is said to have
been immense. Aftor the address, he handed
in a list of his appointments of the officers of
tho Corporation, and was conducted back to
jail by the sheriff, to await tho receipt of the
premised pardon of tho Governor.
Mr. B’s election, as well ns his imprison
ment, is to be attributed to a religious con
troversy now raging in the iron city, and
which is likely to result in another riot similar
to that in Philadelphia a few years since.
ESP Tho English are making efforts to es
tablish tho cultivation of tea in the country
beyond tho Alama, in India, and also to work
tho copper mines of Delhi.
EIP It is worthy of notice says a late Lon
don paper that tho repeal of tho Navigation
Laws lias rather improved than injured the
home ship-building trade. All the yards wore
full of orders, and it is said several would, of
necessity, bo sent to America.
Annexation of Canada.—On the subject
of the Annexation of Canada to the United
States, tlie London Morning Advertiser holds
the following langungo which may be regarded
as a very fair-expression of English opinion, in
reference to tho matter:
“Canada lias under consideration tho ques
tion of severance between tlie mother country
and the Canadian provinces. Tho conclusion
is that England would he no actual loser were
the threats carried into executiou, but an ac
tual gainer. Tho maintenance of that part
of our colonial possessions costs nearly three
hundred thousand pounds annually.”
Betting on the Cotton Crop.—Tho edi
tor of tho New York Spirit of the Times says,
he has received a lettorfrom a highly respec-
tublo gentleman of Selma, Ala., in which tho
writer says:
I understand that tho cotton crop of this
year is estimated by many in the city of New-
York, at from 2,300,000 to 2,500,000 bales,
and that they will bet on those figures. If so,
I will bet from three to five thousand dollars
that tho crop will come up to twenty-four hun
dred thousand bales, and will place tho funds
in tho hands of Robert Desha & Co., or Riv
ers, Battle & Co., of Mobile, provided the
like amount is placed in proper hands in New
York.
Disunion Petitions from the North.—
The Massachusetts Anti-Slavery Society,never
at a loss for something on which to lay violent
hands, are engaged in circulating a petition for
secession from tho Union.
Homestead Exemption.—During the last
few months, bills have pas-icif as follows:—
Maine exempts a Homestead to the value of
$500, and, in thcabsence of allomnstead, per
sonal property to that amount. Vermont ex
empts a Homestead to the valuo of $500; Iowa
a Miucsota, 40 acres of land, or a lot; Cali-
tornin, 200 acres of land, or a lot of land worth
$2,000; Deseret, it is said, secures a home to
every family. Georgia,Texas, Michigan, Wis
consin, Pennsylvania and Connecticut had prc-
viouslv enacted slmlar laws.
The Contemplated New Coinage.—A
writer in the Charleston Courier discoursing on
this subject, alludos to the objection that has
been raised to tho coinage of nine and seven
cent silver pieces—viz : that they would be so
near the same size as to render it difficult to
distinguish one from tho other—and then pro
ceeds toremark—
This objection, Messrs, Editors, I think conld
easily bo obviated, und, at the sumo time pre
vent the increase of a difficulty thut we begin
already to experience in determining the value of
some of our old ten cent pieces ; many of which
u.-o so much worn, that it is not easy to decide
whether they are ton, twelve and a half, or nine
centpicces. Todothis, let the valueof tho
coin be stamped upon it in figures ns large as
tho coin will allow and so deep that it will be
quite discernible even though tho piece should
have been worn to ono-third its original thick
ness. I have heard it stated by a few persons,
nrnlitmaybe the opinion of many more who
have not reflected upon it, that the nine and
seven cent pieces would not enublo payment of
throo or four cents to bo made without the use of
cents. This is a mistake, as the following cal
culation will shew, If you want.to pay 1 cent,
give a ten and receive a nine cent—if two cents,
give a seven arid receive a fivo cent—if three
cents, give a ten and receive a seven cent—if
four cents, give n nine and receive a five cents—
if G cents, give a 10 and a 5 and receive n 9 cent.
—if 8 cents, give the same ns lust and receive a
seven cent. It might often Nippon that just tho
right, kind of coin might not be bad by both
parties; would not the chances therefore, of
making change be very much increased by issu
ing, not only the nine nnd seven cent pices, but
also the eight and six cent pieces,and by stamp
ing them in the way I have before stated, would
not their value (originully) bens easily known
when they wero old us when new, and thu^ prove
a lasting improvement to your plentiful silver
coin.
Many suggestions have been made on this
subject, and many objections urged by thoso
who, having been trained up in their youth to
tho use of coppers aro now that they are old
reluctant to depart from it. For our own part,
we regard the copper cent as a relic of finan
cial barbarism which should bo got rid of if
possible.
Tho cent has never been in popular use at
the South, mid our people have suffered both
loss and inconvenience rather than encumber
their pockets with them. A coin that would
supply their place in our circulation would
certainly bo a great convenience to the public.
Besides the new coins would be more effectual
than any other means in driving out of circu
lation the Spanish and Mexican small coins,
thus forming tho basis of n purely American
gold and silver currency. Like all other in
novations, tho introduction of such pieces c.<
tho writer describes would cncountor some
opposition, and might be attended with some
inconvenience until the public became familiar
with them; but tlioy could certainly not, even
at first, cause any more perplexity, or bo more
inconvenient than our present heterogeneous
currency. Our people have a happy) facility
for “reckoning” money, which would soon
relieve them of any temporary embarrassment
that might be caused by the change.
The Murders at Paterson, N. J.—Ar.
rest of the Murderer.—The atrocious mur
ders at Paterson, N. J., of which we made a
notice in our paper of Thursday, have caused
an intense excitement. The parties murdered
wore old, wealthy, well known and highly es
teemed. Judge Van Winkle lived long
enough to make a full statement, in so far as
ho was cognizant, of the murderous attack,
nothaving died till Wqdnesdny night. Mrs.
Van Winkle was almosqmstautly killed. The
murderer' who is an Englishman, named John
son, is nov^ in - prison, under the verdict of the
coroner’s inquost. Wo give the following par
ticulars from tho Newark Advertiser:
“Judge Van Winkle states that he was rous
ed from sleep between two and three this mor
ning, by the screaming of his wife, who lay in
the front side of the bed, nnd putting his hand
upon her, it came in contact with tho head of
a man. On raising up in bed, ho was struck
on the head with a hatchet, but he jumped out
nnd ran to the door leading to his servant’s
apartments, crying murder. Before ho could
succeed in opening the door, however, ho was
attacked by tho murdorer, and in the scuffle his
bowels were ripped open by a largo butcher
knife, which caused him to sink insensible on
tho floor. After this ho must have been cut,
for his face was horribly mutilated, apparently
by a hateliet. He describes the man as a small
one, having on seemnigly a woolen shirt over
his clothes.
• “The servants came down after the escape
of tho murderer and alarmed the neigebor-
hood. Parties set oat in all directions. A
ladder taken from the mill, was found standing
by one of the garret windows. Tracks wero
seen nt its foot and one party set upon the
track. Mr. Ackerman started for the depot
of tho Rantapo railroad, where in a few min
utes ho saw a small man approaching with a
woolen shirt over his clothes and a bag. He
proved to be John Johnson, an Englishman.
On coming up ho asked the road to Hacken
sack. Mr. A. informed him it was the best
way to take the railroad track part of the way,
and said ho was going tliore himself, and pro
posed to go into the depothouse to warntbefore
starting. Both entered, hut Mr. A. left imme
diately, and returned with a rope and an as
sistant. They seized and bound him forth
with. He had by this time taken off'bis wool-
on shirt, which was wet with blood, nnd put
it in the bag—which proved to be Judge Van
Winkle’s. Johnson’s left arm was bloody and
spots of blood were on his face. He alleg
ed he had got bloody carrying in hogs the day
before. The hatchet and knife were left in the
bloody chamber.
American News [from Abroad.—The
French Capital Journal du Havre, states on the
authority of a private letter from the United
States, that the Cabinet ntVVashington has just
admitted the justice of the demand for indem
nity made by M. Poussin, which was the ori
gin of the dispute with Mr. Clayton.
[Reported for tile Daily Morning Mows.)
IN THE SUPREME COURT,
January Term, 1850.
Edw’d, M. Prendergast:,- et al., j
Plaintiff in Error.- I Statute
vs. > of Litnita-
Owen Folev, Administrator, I tions.
Deff’t. in Error. J
Per Cur.—Warner, Justice, delivering tlm
opinion of the Court.
At law, when the Statute of Limitation be
gins to run, it nover censes, unless suspended
by distinct legislative onnctincm. Equity, how
ever, where there hns been fraud, takes hold
of the person committing it, and refuses him
the privilege’of tho Statute until it is discov
ered. Both these principles are invoked by
tho Plaintiffs in Error in this case.
In tho year 1830, Daniel Foley, under pre
tended authority from Prendergast, the father
of the Plaintiff's in Error, sold certain slaves,
and bocame tho purchaser at the sales he al
so received certain dray moneys to a largo
amount belonging to Prendergast. In the year
1832, the Executors of tho will of Prender-
gast had a settlement with D. Foloy for the
negroes, in ignorance of his having any other
funds of Prendergast in his possession. The
fact that he had such moneys was not discover
ed until the year 1845, when the heirs to whom
the property had been turned over by the Ex-
cutors, brought trover for the negroes bought
in at the sale, who were in possession of the
Defendant.
The Plaintiffs in Error contend that tho
fraud was not discovered until it was ascer-
ained that D. Foley had retained other moneys;
but it is tho opinion of the Court that the trans
actions wero separate, and that the Statute
began to run from the time of tho settlement
between D. Foley and tho Executors.
We think that the rights of the minor chil
dren were not saved by tho Act of 1817. Tho
word “interest” in that Statute means a legal
right, but as tho property was personal, tho
legal title vested in the Executors, not in the
children, and the title having been barred in
the Executors, is equally so in the children.
It is further contended by the Pluintiffs in
Error, that as the Executors had appropriated
the ronts and profits to the support of the chil
dren, it was such an assent to the devise as
vested tho title to the property in them. Wo
think not, and that the harmony of tho law
will be best preserved by holding tho legal title
to be still in the Executors. The support and
maintenance of the children out of tho estate
cannot divest the legal title of the Executors-
Upon all the points taken in the Bill of Ex
ceptions, we affirm the judgment of tho Court
below.
R. M. Charlton, Henry & Ward, for
I’lffs. in Error.
W. &. W. F. Law, M. H. McAllister,
for Deft, in Error.
Wiliiam Crabtree, Plaintiff ip Error, 1
vs. VAward.-
Thomas Green, Defendant in Error. )
Per Cur.—Nisbet Justice, delivering the
opinion of the Court:
Whero a motion is made to set aside the
award of an umpire, the irregularity of one
of the arbitrators cannot affect the award.
The umjjjre may give his decision upon all
matters submitted, though some of them have
not been considered by tho arbitrators.
Where a suit is for specific property and
an award is rendered under a rule of Court,
the record of the award passes the title.
It is not necessary for arbitrators or an um
pire to give any reasons for their decision.
It is competent for parties to submit a ques
tion to abitrators and agree to be bound by
thoir decision though it is contrary to law, and
such decision will bo final.
It is only when an arbitrator, seokifig to fol
low tho law evidently mistakes it, that tho
award will bo set aside for mistake of law.
It was tho duty of tho umpire immediately
after the papers wero handed to him to pro
ceed nnd make his award. If Crabtree wish
ed to be reheard, it was his duty to make a
demand upon tho umpire for a rehearing.
Upon all points wc affirm the judgment of
the Court below.
Cohen, Law, and McAllister for P’lffs in
Error.
Charlton and Henry & Ward, for Def’t
in Error.
Tax
Ordinance
of the City
of
Savannah.
The Mayor and Aldermen of the’
City of Savannah and the ham
lets thereof, Pills, in Err.,
vs.
Charles Hartridgo,
Deft, in Err.
Per Cur.—Lumpkin, Justice, delivering the
opinion of the Court.
Corporations can only exerciso such powers
as are granted by the legislative enactments of
their charter.
Tho Act of 1787, $4, which is relied on by
tho l’laintiffs in Error, contains an enumera
tion of certain matters which are by that Act
made the subjectsof taxation. Income is not
included in this enumeration, and the general
power attached to said section is not sufficient
to include it.
The Act of 1805 gives to the Corporation
power to tax such persons and property only as
were taxed by the laws of the State; income
was not then taxed. The power to tax a fac
tor, means a power to tax the factor as an indi
vidual, not his income.
The Act of 1807 gives the game power as the
Act of 1805. Tho Act of 1825, $7, gives the
Corporation power to tax polls and real and
personal estate, for certain purposes. Even if
income were included in real and personal
