Daily constitutionalist. (Augusta, Ga.) 1846-1851, February 14, 1847, Image 2

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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.