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THE CONSTITimONAL! ST.
"james gar dner, j r.
r l Li Li 31 S •
Daily, annum, $3 M
Tri-Weekly, per annum, 6 uO
If paid in advance, $ CO
Weekly, per annum, J 00
If paid in advance, 2 50
JgTAll new subscriptions must be paid in advance.
icri’- inu.si tie po.id on all CuiutnutucaUtns
and Lefers of business.
The ficlJ* on Sunday JLoralaj.
Up. up, tlie day is broad awake,
The stars have cone to bed,
. The glorious sun is spreading fast
ilis banner o’er our bead;
And, hark, from the heights the m-rry bells ring,
* 1 is a message from heaven to earth they bring;
‘Up, tip, Irota your sleep break away,*
The. morning breeze wafts the chimes along.
Arousing the birds to iln-ir morning song:
Think of tiie Lord-
Think of the lord,
Who has given another day.'
The mother wakes her little one.
And teaches him to pray
And praise tin* Lord who has begun
Another blessed day.
The nigiit has gone with i:s chilling fears,
And the warmth of the cheerful light appears.
And the he lls ringmerrily;
She bends with a pious heart to "near
The voice which the chimes are waning near—
* Praise ye the Lord,
Praise ye the Lord,
Who lias tenderly guarded thee.*
The sick nan losses to and fro,
Trying in vain to pray;
The cheerful sun comes to show,
A sad and suffering day.
'Who cures for a I iendless soul like me,
W ho cares for the sick in their misery;
A las, t here is none to hear. ’
Then suddenly hurst from the heights above,
The chimes of the bells with their voice of love,
‘Reston the Lord,
Rest on the Lord,
W ho treasures op every tear.'
The rich man on his bed of down,
Is scarcely roused to hear
The merry chimes—alas! they fall
Unheeded on the ear.
Thou idler, awake, eac h moment of thine
Is a talent hut lent bv a Master divine;
131* ready the bond to pay!
Then hark to the chimes as they’re floating past,
They tell thee thv moments are flying fast;
‘Think of I he Lord,
Think of the Lord—
And the awe of the judgment day.’
S Oh. holy, blessed Sunday beild
\ \e bring us from above,
% Tbe tidings w hich each bosom swells,
J. Os God, the Father's love,
Tong may your echoing chimes rebound.
And over the heathen land resound.
Till all in one, harmony blend.
- Then arouse to the voice when t he matin hells ring,
Tur a message of love from the heavens they bring,
' Think of the Lord,
Think of the Lord,
W lu pities and lov es to the end.’
Alas for Ireland!
The foiled inil letter, from an Irish
lady, who once resided in Pennsylvania,
to a friend in that state, gives a heart
rending, throne;!] still an imperfect pic
ture of what Ireland is snfTorinir, Wo
copy it from the Philadelphia United j
Stale Gazette:
The Manor House, Dummanway, ?
County of Cork, Dec. 20, 184 G. $
My Dear Friend : —lt is long since I
have had intercourse with the dear friends
of early date, and (in the present heart- I
cutting circumstances of wv famine
stricken country.) I may well call my ;
happier days, and as I have much to say I
to you of weighty concerns, I must he
brief as to personal details nr inquiries.
In Ireland’s calamity. Iris!) hearts and
hands most try every channel where the
possibility of relief may he found; and, my
dear friend, after a wearv ta>k of writing
to numbers of English sisters, who are i
now striving to help us, I turn to you, I
my fondly remembered American friends;
anil 1 entreat of you, for the sake of Him
who had not whereon to lay his head, that
you or your ow n dear partner and sisters
will have the mercy to send copies of the
enclosed appeal, in which there is not and
cannot be any exaggeration, into every !
quarter where you would excite interest, \
or obtain assistance.
1 have taken the freedom to put your
name as the transmitter of relief lo ns, for
lime will not admit of rnv asking you
about it—for at the moment of my writ
ing the dead and the drying are around |
ns, and unless Ihe Lord in merev sta y |
his hand, this country " ill soon he one |
wide charnel house. 4 All local means are j
inefficient. All the resident gentry (for
many have fled from the horrors they
could not relieve,) are straining every
nerve to keep alive their famished neigh- I
hors. My sister and I, who are now sole
residents of Dommanway manor, buy In
dian meal at the enormous price of £lB
per ton in Cork, and sell it out at out
own kitchen, at a reduced price, to our
starving neighbors, and give it to those
who cannot buy—but our own means are
too narrow to permit us to continue this |
much longer.
“Oh! my dear friends, in your blessed
land of plenty, you cannot conceive onr
misery. People arc dying by hundreds; j
in the next parish fa outs Ihe dead are
without coffins. Ihe prospect before us
is fearful. An unusually early and se- j
severe frost set in; clothing, bed-clothes,
all are pawned lor find, and the suffering
of coal added to hunger. The pig, (Irish
cotter’s wealth) the fowls bv which many |
lived, gone, starved, and in many cases
devowed by the owners when they could
feed them no more. Oh! if von saw the
sight I saw yesterday; about two hundred
men, tattered, looking more like skeletons
than human beings, with despair on every !
feature, toiling on a road they were mak- j
ing, and not one probably having tasted
food since the day before; and in the
mountain wilds, the women and children
perishing by hundreds. A man’s day’s
hire will hardly earn what keeps himself
alive, and though an Irishman would
give his last morsel lo his child, vet he :
must keep it himself, for if he perish, his |
family must perUh with him.
From the same feeling writer comes
the following “Address lo the Ladies of
America.” The author knows to whom
she was addressing herself and her plea:
ADDRESS TO THE LADIES OF AMERICA. ;
The Christian Caides of America are
1 earnest! y’called upon,by their Irish sisters,
to assisst them in saving alive, in famine
and its attendant pestilential diseases, the
utterly destitute men, women and chi I -
dren of Godsmilten Ireland. In former
times it was said in Ireland that the best
potato in the bowl was for the widow,-
the fatherless, and the houseless wan
derer; and for the hungry the Irish cotter
was ever ready to share Ins last. But
now there is not one to divide the daily
rnosel—if he even has, such is consumed
nt once, and he has nothing left lo save
the starving neighbors from dying at tins
door.
Oh. that onr American sisters could
see the laborers on our road?, able bodied
men scarcely clad, famishing with hun
ger, with despair in their once cheerful
faces-. Staggering at their work, yet
striving to earn the meal which is to
keep life in them to earn another—too
probably having tasted no food since the
day before!—Oh, that they could sec, on
the post mortem examination of huntlreds
who have died of hunger on the roads,
where they work almost to the last gasp,
that not a particle of food is found in
their contracted stoojachM—Oh, that they
could see the fever at) J famine-stricken
family huddled together on their bundle
of damp straw, with one or more corpses
among them, w hich the survivors have
not strength to drag from beside them!
Olt, that they could seethe dead father,
mother or chiiil lying cnffiule.-ts, and hoar
the screams of the survivors around them,
t cattsed, not by sorrow, hut in the agony
of hunger—they, w hose hands and hearts
are ever opened to compassion, would
unite in one mighty elibrl to save Ire
land from such misery! If you, dear
lady, into whose kind hands this may
fall, would collect among friends and
neighbors sums, however small, such
aid will save many lives in a country
which the Lord in righteous judgment
has so severely stricken, and cause the
blessing of them who are ready to perish,
to return upon the heads of the donors.—
The enormous price of Indian Meal and
Provisions of every sort puts it beyond
| the reach of the Poor to imy, and those
j who would gladly give to them, from the
I same cause have it not in their power.
Fever and oilier deadly diseases have
i followed in the train of Famine, and, un
less some extraordinary aid can be ob
tained, Ireland must soon become on vast
Lazar-house of the dying and the dead.
Dummamray, County of Cork, Ireland,
1 Doc. 28, 1840.
Martha D. Cox,
Katharine A. Cox,
Harriet Shcxdham,
Anna Maria Galbraith,
Isabella Sullivan,
Ellen Jagoe.
[Correspondence of the Baltimore American. j
TWENTY-NINTH CONGRESS. I
SECOND SESSION^
Washington, Feb, 10. !
SENATE.
Mr. Yulee offered the following resolti- |
| lion and asked for its immediate consi- !
j *
j deration:
Resolved, That the editors of the Union, |
! a newspaper published in the city of
j Washington, having, in a publication 1
j contained in a number ofliiut paper dated I
i the Olh of February, issued and uttered a
i public libel upon the character of this j
body, they he excluded from the privi
lege of admission to the floor of the Se
nate. i
Be it further Resolved, That the report
of the proceedings of the Senate, of the
8»h day of February, in relation to the
| bill entitled, “An act to raise for a lin.i
j ted time, an additional militarv force,
| and for other purposes.” is partial and
: unjust to the body, and that the reporters
for that paper be excluded, for the resi
due of the session, from a place in the
I gallery cf the Senate.
Objection being made, the Vice Presi
! dent said the resolution must lie over one
! day under the rule.
Mr. ulee thought this was a question
of privilege—certainly it was a question
I affecting the dignity of the Senate—and
j he thought the rule did not apply toil.
Mr. Badger appealed from the decision
! of the chair.
Alter some debate, the whole subject
was, no motion of Mr. Davis, postponed
until to morrow.
The three million hill, was then taken
up, and Mr. Cass spoke at much length
; in favor of trie prosecution of the war,
and in opposition to the views expressed
| by Mr. Calhoun yesterday. The plan
I of the Senator from S. C. would produce
an i ntorminghle border war, vastly more
i expensive than the carrying of the city of
Mexico and there dictating a peace.—
: There were but three ways to get rid of
j the war. One was to abandon it. The
next was to fake a defensive line—a line
| of 2000 miles from the Gulfof Mexico lo
I the Pacific.
If we adopted this plan, our force
i could at any lime be cut off in detail by
the concentrated forces of onr enemy.—
They could full upon us in time of sick
ness. Wo could not follow them, for
I that would he abandoning our [dan by
; going over the border. No public Trea
; sury could bear such an expense—
| no public sentiment tolerate the disgrace.
■ The line proposed by the Senator from
S. C. was to be a wall to ns—not lo the
: enemy. The force he proposed would
allow but one man to each mile of the
I line.
Mr. Cass regretted the opinions ex
* pressed by the Senator from S. C. rela
live to our inability to prosecute the war
to the city of Mexido and there conquer
a peace. Every word uttered hero found
its way to the plains of Mexico. It was
calculated to do us infinite mischief. Mr.
; C. went into manvjviews to shew that the
d(’Tensive line would Le of no use—-and
would not end the war or its expenses. *
Mr. Cass then entered at some lengt<
into an elaborate review of tiie origin
and object of the war, and gave his views
as to the disposal of the territory when
Mexico should consent to peace.
Alter Mr. Cass concluded, some con
versation ensued between Mr. Evans and
Mr. Sevier, in relation to the bill now
hclore the Senate—the latter contending
• that it was substantially the same as the
bill passed at the lasi session, and the
former maintaining that there was an
essential difference between them.
A her some remarks from Mr. Berrien
in reference to the objects of the bill a!
Ihe last session, Mr. Corwin obtained the
floor, and on his motion the bill was pas
sed over until tomorrow.
THE A LIMY BILL.
Mr. Dickinson then made a report from
(lie Committee of Conference upon the
Army bill, recommending in effect that
the Senate receded from its amendment,
and that the President have power to ap
point the Company officers alone, during
ilie recess.
After a spirited debate, in which Messrs.
Huntington, Dickinson, Battee, Cass,
Dayton, Berrien, Breese. Calhoun, Niles,
Colquitt, Atherton and \ ulee took part,
the report was concurred in and the Senate
adjourned.
HOUSE OF REPRESENTATIVES.
THE NAVY.
A Bill was reported from the N*val
! Committee proposing the enlargement of
' the Naval Establishment bv the addition
of the Texas Navy, and one Captain and
seven Lieutenants to the present naval
establishment. An attempt was made to
put the Bill at once upon its passage, but
it met with no favor,
IRELAND.
Mr, Hunt, of N. Y. reported a hill
granting fice hundred thousand dollars
for the relief of Ireland and the expenses
of shipping that amount in Provisions to
| Ireland—the money to be taken from the
j Treasury out of any money not otherwise
I appropriated. Read twice and referred
to the Committee of the Whole.
Mr. Seaman reported a bill making
Brooklyn a port of entry.
THREE MILLION BILL.
Mr. Houston, of Alabama, moved that
: the flonsego into committee of the whole.
Mr, Henley moved a resolution to j>ut
j an end to the debate.
The motion to go info committee of the
whole prevailed, and the House was first
entertained with a speech from Mr.
Kauffman, of Texas, who spoke in favor
of the acquisition of more territory, and
against the Wilmot Proviso. If the
WTmot Proviso was adopted the dissolu
tion of the Union was predicted and threat
ened. It was said, too, that there must
!)•• more territory added to the Union from
Mexico, as Mexico could pay nothing else.
Mr. Foot, of Vt.. made an argument in
j behalf of the “Wilmot, proviso” and
■ against the war. He believed that all our
j difficulties could have been settled without
; war with Mexico, and had war been
• regarded as necessary he thought it could
; have been carried on without warring
| upon the Constitution,
j .Mr. Brinkerholf said he was glad to he
I here to-dav to raise his voice in behalf
i of the “Wilmot Proviso.” Me was envious
! of ail the rebukes that might fall to the
i lotofaman who took such a position. He
was proud to have draxvn up the Proviso,
but it was not his. It belonged to Thomas
I Jeff rson, was written hv him, and should
he called the Jefferson Proviso.
Willi this preface Mr. Brinkerhoff went
on to quoin authorities, Southern and
mainly Virginia, in opposition to the in- i
stituiion of Slavery. 'There were author. :
hies fom many States, and such as seem. .
cd to impress the 11 ou<e both with the |
weight and character of authority.
Mr. Parrish, of Ohio, followed in reply,
making a most zealous speech against
lho Proviso, and tor compromising the ,
question of any territory which may
hereafter lie admitted into Iho Union.
Mr. Wood, of N. Y. spoke for the hour
allotted him in defence of the Wilmot
Proviso
Mr. Dobbin, of N. C. was awarded the 1
floor, and the Committee rose, and the ;
House adjourned.
[From the Columbus Enquirer.]
DECISIONS SUPREME COURT,
j Felix G. Arnett, FT AT. in Error. ) Hill in ('h’y. and
vs. [Error. > Writof Error to I
! MansicoCloud & others, D'fs in) Decatur county.
I Where the equity of a bill is sworn olf by !
| the answer, the Chancellor should dissolve
the Injunction.
Where any person, other than the defend
ant. pays off an execution and does not at the
time of making such payment reserve to him
self the right of faking a transfer of such
execution, (hat such a payment operates to
cx’ingnisli the (i. fa.
Judgment affirmed.
Levi D. Smith for the plaint iff in error,and
cause submitted ex parte. The defendant
not appealing.
Gideon Watson, pl'flf. in error, ) Motion in arrest.
vs. > of judgment, in
Philip McCarthy, dft. in error. ) Macon county.
To ciiargea man with having the gonor
rhea. is actionable per. se.
Judgment affirmed.
Giles for plaintiff in error; Roberson for
defendant,
B. F. Newsom, plfT. in error, Indictment for j
vs. > misdemeanor, in i
The State, defendant in error, ) 31 aeon countv.
Under the statute an Indictment is submit
ted to the Jury, when the same is read by the
proseent mg officer to the Jury; and that the
State cannot enter at that stage of the cause
a nolle prosequi without the consent of the
defendant.
Judgment retersed and demanded.
D. Miller for plantiff— H. K. McCay for
defendant.
James P. Gnerry, pTff. in error, \ Writ of Error
vs. > lo
T. J. Perryman, deft, in error,) Sumter county.
Where a decree is obtained against an ad
ministrator for a certain amount, and subse- 1
qnently a judgment is obtained against a
surety on the administration bond for a less
amount, and the judgment against the surety
is paid off by him, the judgment against the
administrator is not merged In the judgment
against the surely, arid (lie payment of the
judgment against the surety does not operate
to extinguish the decree against such admin
istrator hut to the amount of such payment.
Judgment reversed and cause remanded.
B. Hill fur plaintiff—E, R. Brown fur de
fendant.
I Executorsi of R. Cunninffham. pltf. Writ of Error
j in error, vs. Wjlliam Maund and > from
M illiatn 11. Wade, (lefts. ) L"ecounty,
i The county in which the family of an indi
vidual resides is the place of his residence,
and where be should be sued.
Judgment reversed and remand- d.
J. Sturgis for pi if.—Dudley Ac Crawford for
defendant.
I McGonjjh & Crew 9, plaintiffs, 3 In chancery and |
vs. Insurance Bank and D. > unit of error to
McDongald. defendants. ) .Muscogee county, i
When a bill alleges that complainant has :
j obtained a judgment against one. and exern- I
i tion has been sued out and returned nulla I
I bona, and a Iso alleges that the defendant has
a judgment against another which is being
passed to collection, and also alleges that
summons of garnishment has been sued out
and served on the debtor of the debtor—held
by the Court, that a demurrer was well ta
ken In such a bill.and that before a complain
ant can fi'e a bill to subject the debts of the
debtor to the payment of such judgment, be
j must exhaust ail his regal remedies. Held
; also by the Court, that although the remedy
I at law may he doubtful and uncertain, that
; such doubt of itself, unsupported bv other
1 facts, does not give a Court of Equity juris
diction of I lie cause.
Decree dismissing the. hill affirmed.
J. Johnson for plaintiff—ll. Holt for de
fendant.
Willis L. Leonard, plaintiff. ) In chancery to
vs. David Scarborough, deft. $ Dooly county.
Where a bill is filed by one in his own
right, and also by him as guardian for his
ward, and pending the suit, the said com
plainant is dismissed from his guardianship,
there being no guardian appointed, the Chan
cellor may appoint a guardian ad litum, to
prosecute for the infant ward.
Where one lias the possession of property,
i a negro and assets.a title thereto adverse to
j the claim of a plaintiff, such possession and
; assertion of title is evidence of conversion.
The undivided interest of a joint, tenant or
i tenant in common in a chaltle, is the subject
| of lew and sale. And after a levy and sale
' of the undivided interest of one of the tenants
i in common, they may file (heir bill for the
I partition of the property between themselves
j and the purchaser at the Sheriff’s sale.
Cause reversed and remanded.
E. R. Brown for plaintiff- — William 11.
Crawford for defendant.
Dill & Buchanan and Simon Green, ) Writ of
plaintiffs, vs. > Error to
: Gabriel Jones, deft. ; Early co. j
Where an action is brought in the court
below, and verdict is had against the defend
ant, and the defendant appeals, giving secu
rity. ai»<l on the appeal another verdict is
j rendered against tlie defendant, and after
wards a writ of error, said writ of error is
prosecuted to the Supreme Court by the said
defendant, the security on the appeal not be
ing a party to said writ of error, said writ of
error will be dismissed, on motion for the non
joinder of parties to the writ.
Writ dismissed.
J Sturgis and W. Taylor for plaintiffs—l. I
E. Bower for defendant.
I Wat ter T. Colquitt, pl'ff. J Rule ni. si. and writ j
vs. of error to Muscoyee 1
j S. R. Bonner, defendant. ) < aunty.
Where a rule ni. si. that the plaintiff was ,
rim owner of a judgment against I>, and !3 I
obtained, subsequently, a judgment against i
i the plaintiff and another, ami Band the plain
tiff, after the rendition of said judgment, agree :
that said judgment should extinguish each
j other to the amount of the lesser; and after
such agreement B assigns the judgment in j
liis favor to Bonner—
Held that a demurer was not well taken to
such a rule, and that Bonner should be put j
ot answer.
Held, also,that such an agreement would
extinguish a fi. fa. to the amount of the
smaller, and that the assignee of a fi. fa. and
judgment takes the same subject to till the
| equities between the parties, and that the as
j sigiiee is bound to give notice of the assign- j
1 mi'll! if he wishes to protect himself against ;
j subsequently acquired equities or sets off.
Jud< ■ menl reversed and remanded.
Joint Johnson fur plaintiff-—J. Sturgis for i
I defendant.
j James B. Cox, plaintiff, i Assumpsit and writ i
vs. >of error lo Masco- I
Patrick Adams, defen’t. ) gee county.
Where an action is brought by the indorsee j
against an indorser of a note made by F. j
payable to 11, or bearer, it being alleged that i
H transferred said note to the indorser by |
delivery—
Held, that a demurrer to such a declaration j
I is not well taken; and hat such an indor-e- j
| merit though irregular, (he note containing j
I words of negotiability, is a contract of the
I same character as if it had been regular.
I Held, also, that the law of the place where j
i the contract of indorsement was made gov- j
pros the construction of the contract, and if i
the indorsement was made in Alabama it was
! to be construed by tbe laws of Alabama.
Judgment reversed and remanded.
J. Johnson for plaintiff—ll. Holt for de
fendant.
Executors of Majors Henderson, pi’flf. ? Sci. fa. from
vs. Adtn’rs. of M. Alexaueer, deft. ) Randolph.
Where a plaintiff and defendant both die,
if the cause of action would survive at tlm |
common law, the executor of the plain;iff
may sue out scire facias to make himself and |
the represen'a*ive of the defendant parties to ;
the suit under the statute, and the suit does ■
not abate.
The Statute of 8 William IH, is not repeal
ed by the Act of 17U9, in so far at least as !
the first act is not identical with the latter,
and being statutes pari materia they are lo be j
construed together.
Cause reversed and remanded.
McDongald, Thomas and Devon for plain
tilT—Holt and Banning for defendant.
Gre.-n L. Dennard and ) Sci. fa. against bail,
John Alexander, pTffs. > to
| vs. The State of Geo., deft. ) Biker county.
Where ten persons are indicted jointly and
two of them are put on their trial and they
sever on Ihe trial, and one of them is acquit- |
fed, and the jury in the oilier case return a i
general verdict, saying, “we the jury find the j
defendant guilty,” the verdict is sufficiently |
certain.
Where a defendant in an indictment has
been arrested and enters into a recognizance
or bond , conditioned to appear and answer lo
the charge—
Held, that one appearance at the Term of
the Court specified did not discharge the bail,
unless the bail surrender the prisoner and have
an cxoncreutr entered of record.
Held, also, that if the defendant appear and
is put on trial, and after verdict and before
the judgment of the Court is pronounced, the
prisoner depart without leave of the Court,
the condition of the bond is broken, and sci.
fa. may issue to charge the bail.
Judgment affirmed.
P. J. Strozier for pl'ff—ll. K. McCay for
deft.
E. W. & J B Teddle,) Assumpsit and writ of
v«. John Dill. $ error to Biker.
Wherean action was instituted against
three makers of a joint and several note, and
two only are served, and a return of non esl
inventus as to the other, it is competent, under
the statute, for Ihe plaintiff to proceed lo
judgment against rise parties served.
Where a note on its face appears to have
been changed or altered, by erasures or in
terlineations—
Held, that at the common law it was in
; enmbent on the plaintifflo explain, by proof,
i suc.il apparent alteration?; hut that the com
mon law has been modified by otir State, and
! if the defendant wishes Ui put the plaintiff to
euch proof, be must plead non esl factum
general! v, or such facts specially as show that
the paper is not his act; and which plea being
verified by affidavit the rules of the common- I
law then obtains.
Judgment affirmed.
McDongald and Devon for plaintiff-—R.
F. Lyon for defendant.
Green Tinsley, plaintiff, vs. ? Assumpsit toßa-
Win. S. Bell, defendant. $ ker.
'1 he maker of a promissory note transferred |
after due by indorsement, can not at common- |
law setoff demands on the payee held by him
against the note in the hands of the indorsee,
unless such demands against the payee was
connected with and grew out of the trans- j
action in which the note originated.
Held, also, that the statutes of set off does I
not change or alter the common-law on this ■
point.
Judgment affirmed.
P. J. Strozier for pl’ff—W. 11, Crawford for ;
d’ft.
Trover Boling Robinson, plaintiff in error— I
to Early county.
Where an action is brought to recover a i
chattel for a conversion committed, after
the death of the testator, the executor on
the trial, to show title, must, produce in evi
dence his letters testamentary, as a part of his
chain of title. Otherwise if the c.onver
ion occured in the life time of the testa
tor.
When A made a will and died, bv which
will he gave lo his wife certain lands ami ne
groes for life, “and after bis death then to his
son B; and if his son lived single and
died without lawful heirs of his body, then
the property logo lo the three o’ber sons of
the testator”—held that the limitation over
to the-e three sons depended upon an indefi
nite failure of issue, and therefore too re
mote, and that the estate was absolute in the
j first taker.
Judgment reversed and cause, remanded.
W. 'Taylor for plaintiff-—Devon and Smith
j for defendant.
j Edward A. White, pl'ff, in error, ) Writ of error
and others, vs. > to
Edmund Mulyneux, defendant. ) Muscogee.
When a note is given for the rent of a
house and dy ring lire term for which it was !
let the house is destroyed by fire, the rent j
cannot he apportioned, and the landlord is en
titled to recover on the note for the whole
j time.
Judgment affirmed.
A. G Foster for plaintiff—J. A. Jones and
j A. McDongald for defendant.
; .Ti)-e;ili Bond, plaintiff, vs. > Assumpsit and writ of
I Central Bank, defendant. S error to Lee county.
Where a declaration alleges that a note
I has been transferred in the due course of
| trade and does not allege when the transfer
was made, the omission of such allegation,
if a defect, is amendable before and cured al- j
ter verdict.
If flip plaintiff show in his declaration a
; legal liability, the declaration is sustainable i
(hough the super so assumpsit is not al- |
legod.
If it appear In any time during the trial I
that illegal testimony has been admitted the j
testimony may be withdrawn, on motion made
before the jury retires.
Where A. takes a note in payment for a j
precendenl debt, the note taken not being j
due, and there being no notice it. is for value, i
! the equities bet ween the original parties can- |
not be pleaded as a defence to an action on j
! tiie note (hu< taken.
Judgment affirmed.
H ines &. limes and fi. Holt for plaintiff j
Dudley ami McCay for defendant.
Adm'rs. of Shepherd Green, pl’ff ) Case in Lee |
vs. Needham Bryan, defendant. ) Super’rCourt.
Where one voluntarily and without com
pensation undertakes to purchase land for
another, agreeing to let him have the land for
the same price as lie should have to pay for
it, and afterwards makes a purchase of the i
land at a certain price, anil falsely represents •
that, he gave for it a larger amount than he
really did, and the larger amount is paid him j
for I lie land
Held that the party making the false rep
resentations is liable in an action for deceit. |
for the damage.
Judgment affirmed.
J. Sturgis, plaintiff—R. D. Lyon for de- !
fendant.
[Correspondence of the Mobile Herald $ Tribune.] |
U. S. .Steamship Princeton', ?
Off Anion Lizanio, J.m. 2, 1817. ) |
The monotony of a dull anchorage has been I
relieved to-day by a little skirmish with the |
Mexicans on shore, unattended, however,
with any fatal effects. Yesterday the new
I year was ushed in with a ftemendous north- j
! er, blowing with greater violence than any I
i we have hitherto experienced. While at the j
1 height, a b >at was seen struggling with the
: wind and waves, and making towards the
squadron. In a few moments site changed
i her course and run ashore at the “Lime
i Kiln,” a place opposite our anchorage and
| garrisoned with a squad of observation of
some 20 men and one officer. 'The boat was I
| supposed to belong to the John Adams, now !
| "blockading off Green Island, and to have !
| been sent down with a message; so to-day
the blow having subsided, two boats v«ere
manned from the Princeton and sent ashore
to bring her off. The Mexicans opened a
brisk fire which was returned by the boats,
and another boat was sent simultaneously
from the Princeton and Raritan to reinforce
onr men. They met (ho first boats coming
off with the stranger in low, which proved I
to be a Mexican fishing boat and not a boat
from the Adams. In the skirmish no injury
was inflicted or sustained. The Raritan anil
Princeton are the only armed ships now ly
ing here. The sloreship Relief is expected j
to sail every day.
U. S. Steamship Princeton, ?
Off Anton Lizardo. Jan. 8, 1847. $
W/ e have just rode through another norther, 1
which, for violence, exceeded all others we j
have experienced. The Princeton was obliged !
to gel up steam and worK ner engines to re*
lieve her cables from the tremendous strain.—
'Plie steamboats Potritiaand Spitfire, likewise
! worked their engines to keep themselves up
1 to their anchors. Several merchantmen drag
ged their anchors, and Hie schooner Minis
was obliged to cut away her musts for safely,
having parted her cables.
'Plie Porpoise arrived the day before yester
day andjust in time to escape the norther. She
1 brought no intelligence with which you are
not already acquainted.
On the sih, a barque succeeded in getting
! into Vera Cruz, notwithstanding the blockade
of the John Adams. This makes the second
vessel that has of late successful by run the
blockade.
The boilers of the Spitfire, owing to defec
tive construction originally. are become un
safe in (heir present condition, and have been
surveyed w ith an eye to considerable repairs,
which will probably be effected here, by the
engineers of the squadron. The boilers of
the Vixen, from the same causes, have the
same defects. She is still at Laguna. We
) have no reliable rumors of our future opera
tions, hut learn through the Northern papers,
and only through them, the contemplated
I changes in the various commands. The U.
S. schooner Nonata arrived from Tampico on
the 5-h and (lie steamer Spitfire on the 4th.
'They brought no news. Both started from
Tampico at the same time, but were parted
by a norther and came in separately. We
j have had three northers in the last seven
i days.
A TUP ST A. fiEU..
SUNDAY MORNING, FEB. 14,1847.
W e received no Washington papers by last
j evening’s mail, and the only Baltimore paper
which came to hand was the American —the Pa
triot, Sun being among the missing.
The Foreign intelligence per Sarah Sands, which
will lie found in another column, is taken from the
! American.
I [Li"Some of the Whig presses affect to be
horrified at the idea of a national debt re
i
suiting from the War. They insist that it
will ruin the country. Thai I lie pressure upon
the industry and energies of tiie country will
be tremendous. This is not the only time
that their cry of Ruin! Ruin!! has been sig
nally falsified. The country has been irre
trievably ruined in Whig prophecy, about a
dozen limes in as many years. But it still
j goes on prospering notwithstanding. All
the Whig journals do not sing the same
tune. The New York Courier & Enquirer
a few months since insisted that one advan
tage of the Mexican war would be that it
1 would create a national debt. A debt of one
hundred and fifty millions was to be hailed
as a blessing. The protective tariff'interest
would theu obtain another long lease for
their exactions out of the people by means
of heavy protective duties. This was the
reasoning. We believe that, though not
O 7 C?
I universally espoused by the Whigs, the sole
advocates of the doctrine were of that creed.
| We have never heard of a Democrat subscrib
ing to the doctrine that a national debt was
a national blessing.
I But as we happen to remember that our
' history tells us of two wars, one for liberty,
the other iur national honor, the one when
our nation was in its infancy—the other when
our resources were not half what they now
are, both accumulating immense deks, yet
! both paid and our country not brought to
| ruin thereby, we are not very much appalled
at the pecuniary consequences of this war.
The debt it. may create will harm ns as little
and be shaken off as easily as the dew drop
on the Lion’s mane. Mr Reierdy John*
j son, the dist inguished Maryland JSenator, in
j his recent speech on the three million appro
| priation bill, exclaimed, ‘‘What are the hun
dred, or the hundreds of millions in which
this war may involve us? No man will feel
the pressure of it a moment. No man would
know of its existence unless be were told of
the fact.” We cannot however, but regret
*■*
j the necessity of creating a debt, for any
cause, as we sec no national blessing per se,
in high duties and urge revenues. But when
involved in a war, we ire not as Daniel Web
ster has alleged his countrymen to be, more
solicitous about calculating its cost, than its
justice. The only regret we have ever felt
in reference to the breaking out of this war
is that it had not been commenced some
years sooner, and that too, by this country,
instead of waiting for the Mexicans to lead
the way. As they opened the ball, we hope
i they will be required to dance it out, until
they acknowledge themselves tired.
Nr. Calhoun's Speech.
We have seen a sketch of Mr. Cal
houn’s speech on the Mexican war. It
| is a very able effort, of course. We ate
; not prepared to say what will be its effect
upon popular opinion. It may f|hen spread
before the public, make converts by the
wholesale to his views. But nothing is mors
certain than that they run counter to the
prevailing popular sentiment. When it was
rumoured that Mr. Caihoun intended to in
troduce a proposition into the Senate for a
cessation of offensive operations, there was
a general protest from all quarters. The
public was incredulous. Had it been bc
lieved, the lone of disapprobation W’ouid have
been loud and indignant. It seems that the
rumor was measurably true. The proposi
tion of Mr. Calhoun amounts to saying to the
| Mexicans, ‘‘We have had as much fighting
. as we have any appetite for. If you are
I willing to quit, we are, and thank ye too.”
j Now, we do not for a moment suppose that
our people are willing to remain quietly rest
ing upon their arms, while Mexico holds ihe
language of proud defiance—has her armies
drawn out in battle array and bids us come
on. We hope that our forces will be press-
I ed on to every assailable point, and Jed to
I every field where a foe can be met, until
Mexico is ready to say,“We retract the lan
guage we have used that there should be no
accommodation v;ilh you until your forces
were withdrawn cast of the Rio Grinds.