State Journal & Flag, 1846-10-09

i kiic piuvioiuns ui uiib act imu ciivci. Seo. 2. And be it further enacted, That the militia, when called .into the service ofthe Uni United - ted United States by virtue of this act, or any other act, may, if in the opinion of the President cf the United States the public interest requires it, be compelled to serve for a term not exceeding six months after their arrival at the place of i en dezvous, in any one year, unless sooner dischar discharged. - ged. discharged. Sec 3. And be it further enacted, That the said volunteers shall furnish their own clothes, and it cavalry, their own horses and horse equipments; and when mustered into service shall be armed at the expense of the United Htatr. Sec. 4. And be it further enacted. That said volunteers shall, when called into actual service, and while remaining therein, bo subject to the rules and articles of war, and shall be in all res respects, - pects, respects, except as to clothing and pay, placed on the same footing with similar corps of the Uni United - ted United States army ; and in lieu of clothing every non commissioned officer and private in any company, who may thus offer himself, shall be *.n<it1ed, when called into actual service, to re receive - ceive receive in money a sum equal to the cost ol cloth clothing - ing clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States. 8ec. 5. And be it further enacted, That the raid volunteers so offering their services shall be accepted by the President in companies, bat battalions, - talions, battalions, squadrons, and regiments, whose offi officers - cers officers shall be appointed in the manner prescri prescribed - bed prescribed by law in the several States and Territories -o which such companies, battalions, squadrons, and regiments shall respectively belong. Sec. 6. And be it further enacted, That the President of the United States be and he is hereby authorize!, to organize companies so tendering their services into battalions or squad rons, battalions and squadrons into regiments, regiments into brigades, and brigades into di divisions, - visions, divisions, as soon as the number of volunteers -hall render such organization, in his judgement, expedient; and the President shall, if necessa necessary, - ry, necessary, apportion the staff, field, and general officers among the respective States and Territories from which the volunteers shall tender their ser services - vices services as he may deem proper. Sec. 7. And be it further enacted, That l he Volunteers who may be rectived into the service of the United States bv virtue of the provisions of tins act, and who shall be wounded or other otherwise - wise otherwise disabled in the service, shall be entitled to all the benefit which may be conferred on pers -orb wounded in the service of the United States. Sec. 8. A nd be it further enacted. That the President of the United States be and lie is hereby authorized forthwith to complete all the public armed vessels now authorized by law, and to purchase or charter, arm, equip, and man such merchant vessels and steamboats as, upon ex examination, - amination, examination, may bo found fit, or easily converted into armed vesaels fit for the public service, and in such number as he may deem necessary for the protection of the seaboard, lake coast, and the general defence of the country. Sec. 9. And be it further enacted. That when ever the militia or volunteers are called and -received into the service of the United States, under the provisions of this act, they shall have the organization of the army of the United States, and shall have the same pay and allowances; and all mounted privates, non-commissioned of officers, - ficers, officers, musicians, and artificers, shall be allowed 40 cents per day for the use and risk of their horses, except of horses actually killed in ac action - tion action ; and if any mounted volunteer, private, non-commissioned officer, musician, or artificer -hall not keep himself provid'd with a servic '- able horse, the said volunteer shall serve on foot: Approved, May 13, 1846.

nervation, repairs, and construction of certain fortifications, for tlie year ending the thirtieth day of June, one thousand eight hundred and forty-seven: For defensive works and barracks near De Detroit. -- troit. Detroit. Michigan, thirty thousand dollars. For defensive works and barracks near Buf Buffalo. - falo. Buffalo. New York, twenty-five thousand dollars. For repairing' and rebuilding barracks and storehouses at Fort Niagara, New York, five thousand five hundred dollars. For Fort Ontario, at Oswego, New York eight thousand dollars. For fortifications at the outlet of Lake Chain Chainplain, - plain, Chainplain, New York, forty five thousand dollars. For fort at the narrows of the Penobscot river, near Bucksport, Maine, thirty-five thousand dol dollars. - lars. dollars. For repairs of Fort Preble, Portland harbor. Maine, ten thousand dollars. For repairs at Fort Scammel, Portland har harbor. - bor. harbor. Maine, twenty-five thousand dollars. For repairs of Fort McCIsry, Portsmouth har harbor, - bor, harbor, New Hampshire, including the purchase of land for extension of site, six thousand dol dollars. - lars. dollars. For repairs of fortifications on Governor's is island, - land, island, Boston harbor, Massachusetts, thirty thou thousand - sand thousand dollars. For Fort Warren, Boston harbor, Massachu Massachusetts. - setts. Massachusetts. forty-five ihou-and dollars. For Fort Adams, Newport harbor, Rhode Is Island, - land, Island, fifteen thousand dollars. F ir rebuilding Fort Trumbull, New Lon London - don London harbor, Connecticut, twenty thousand dol dollars. - lars. dollars. For Fort Schuyler, East river, New York, forty thousand dollars. For repairs at Fort Wood, and seawall of Bodlow's island, New York, forty thousand dol dolI - I dolI lars. For repairs of Fort Hamilton, New York, Ihir Ihirty - ty Ihirty thousand dollars. For repairs of Fort Madison, Annapolis har harbor, - bor, harbor, Maryland, ten thousand dollars. For repuira of Fort Washington, Potomac river, Maryland, twenty-six thousand dollars. For Fort Monroe, Hampton roads, Virginia, seventy-five thousand dollars. For preservation of the site of Fort Caswell, mouth of Cape Fear river, North Carolina, fif fifteen - teen fifteen thousand dollars. For preservation of l he site of Fort Moultrie, Charleston harbor, South Carolina, fifteen thou thousand - sand thousand dollars. Fur dike to Drunken Dick shoal. Charleston harbor, South Carolina, thirty-five thousand dol dollars. - lars. dollars. For Fort Sumter, Chaileston harbor, South Carolina, foriy-five thousand dollars. For Fort Pulaski, Savannah river, Georgia, twenty five thousand dollars. For repairs of Fort Jackson, Savannah river, Georgia, fifteen thousand dollars . For Fort Pickens, Pensacola harbor, Florida, ten thousand dollars. Fur Fort Barrancas, and the erection of bar. racks thereat, Peueacola harbor, Florida, fitly thousand dollars. For repaid of Fort Morgan, Mobile Point, Alabama, forty thousand dollars. For repairs of Fort Pike, and preservation of siie, Louisi-.na, thirteen thousand dollars. For repairs of Fort Wood, Louisiana, aiif thou thousand - sand thousand five hundred dollars. For repairs of Battery Bienvenue, Louiaiana, five thousand dollars. For repairs of Fort Jackson, Miss'ssippi riv river, - er, river, Louisiana, twenty five thousand dollars. For repairs of Fort St. Philip. Mississippi, riv river, - er, river, Ixiuisiana, thirty thousand dollars. For Fort Livingston, Grand Terre island, Barrataria bay, Louisiana, forty thousand dol lar«. For fortifications on the Florida reef, two hun hundred - dred hundred thousand dollars. For contingencies of fortifications, fifty thou thousand - sand thousand dollars. For the armament of fortifications, three hun hundred - dred hundred thousand dollars. Sec. 2. And be it further enacted, That the President of United Stales may, in his discre discretion, - tion, discretion, direct the expenditure of any of the forego foregoing - ing foregoing appropriations at any time after the passage of this act. Approved, May 8,184G.

From Marshall by Jefferson, Hughes, Dan Dangorfield, - gorfield, Dangorfield, Wevcrs, and Dunham to Booton. From Marshall, by Fort Caddo, to Greenwood, Louisiana. From Boston, by Mooresville. to Fulton, A r rknnsas, - knnsas, rknnsas, and from Fine Bluff's, in Jefferson county', to Warren, in Bradley county, in Ar Arkansas.' - kansas.' Arkansas.' From Boston, by De Kalb, Savannah, Clarks Clarksville, - ville, Clarksville, Blossom Frame, Faris, and Honey Grove, 10 Bonham. From Bonham, by McC,ana's Dallas, and Chamber's Creek Falls of Brasses, to Austin. From Independence, by Mound Frairic, Cald Caldwell, - well, Caldwell, and Dilliard's, to Nashville. From Lagrange, by Miller's Cunningham's. Mount Pleasani, Bastrop, Smithwick, and Co Columbus, - lumbus, Columbus, to Austin. From Austin to Gonzales, From Gonzales, by Seguin and New Braun Braunfels, - fels, Braunfels, to San Antonio. Frotr. Clarksville to Fort Towson. Sec. 2. And be it f urther enacted. That the Postmaster General, be, ami lie is hereby, au authorized - thorized authorized to continue in operation such portions of the present mail service iu Texas, establish established - ed established under its former laws, upon any of the fore foregoing - going foregoing routes, as he may deem expedient - not, however, for a longer period than the thirtieth June, eighteen hundred and fifty ; and to make contracts for the appropriate mail service on any of the foregoing routes, either without ad advertisement, - vertisement, advertisement, where the same can be effected at rates of compensation not exceeding the aver average - age average prices for like service in oilier Slates of this Union, or upon advertisements for a less pe period - riod period than twelve weeks, os he shall deeui best for the public interests. Sec. 3. And be it further enacted, That the Postmaster General be, and he is hereby, au authorized - thorized authorized to pay mini contractors in Texas for service duly performed by thern since the six sixteenth - teenth sixteenth day of February, eighteen hundred and fortv-six, and also officers employed in superin superintending - tending superintending the moil service; Prodded, however, That such payment shall iu no case exceed the compensation agreed upon with the late author authorities - ities authorities of Texas : Provided, also, that the several postmasters in Texas, appointed by the late Government of Texas, shall duly account to and pay over to the Postmaster General of the Uni United - ted United States all balances accruing at their offices, respectively, from ami alter said sixteenth of February, eighteen hundred and forty-six ; thgt is, all money collected, or to lie collected, for postages at their offices, respectively, afier de ducting the commissions allowed by the law to postmasters in the United Stutes. And it is hereby enacted and declared to bo the duty of said persons and postmasters as aforesaid, in Texas, to uccour.t for and pay over to said Pos'. tna-ter General ol the United Slates all said balances, in the manner and to the extent re - quired by the laws of the United States of the several postmasters of the United Xtutee ; ami the like remedies and means of collecting, ami enforcing collection, by suit or otherwise, of said balances, are hereby granted, as now exist by law agsinst the postmasters of the United States. The same rates of postage are to be charged and collected in Texas as in other Sides of this Union; and all luws concerning the Post Office Deportment, and regulations thereof, are hereby declared to have fud off-cl and operation in said State from and after said sixteenth of February sloresaid. Sec. 4. And be it further enacted. That the act establishing certain post routes, in Texas approved the sixth of February, Anno'Dommi eighteen hundred and furty-six, be, and tnu same Is hereby repealed. Approved, May 29, 1846.

Sec 6. And b; it further enacted, That, for the fiscal year ending June thirtieth, one thou sand eight hundred and forty-six, the sum of twenty-live thousand dollars be, and the same is hereby appropriated, to be paid out of any mo neys in the treasury not otherwise appropriated, for the pay, subsistence, and clothing of said company, and for carrying out the other purpo purposes - ses purposes of this act. Approved, May 15,1846. Bublic - No. 22. AN ACT to provide for raising a regiment of mounted riflemen, and for establishing milita ty stations on the route to Oregon. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That there shall be raised ons legiment of mounted riflemen, to be composed and organi organiled - led organiled as follows, to wit ,: One colonel, one lieute nant colonel, one major, one quartermaster ser sergeant, - geant, sergeant, and two chief buglers, one adjutant, who shall be a lieutenant, one sergeant major, one chief musician: and ten companies : each com company - pany company shall consist of ono captain, one first lieu lieutenant, - tenant, lieutenant, one second lieutenant, (exclusive of the adjutant, lieutenant,) four seargeants, four cor corporals, - porals, corporals, two buglersi one farrier, one blacksmith, and sixty-four privates. Sec. 2. And be it further enacted. That the officers, non-commissioned officers, musicians, and privates shall be entitled to the same pay and emoluments as nre allowed to dragoons, and that the farrier and blacksmith shall receive the same pay and allowances as are allowed to an artificer of artillery. Sec. 3. .dnd be it farther enacted. That the said regiment of riflemen sliali be subject to the rules and articles of war, and shall be recruit recruited - ed recruited in the same manner as other troops in the service of the United States, and with the same conditions and limitations; and the officers, non-cominissioned officers, musicians, privates, blacksmiths, and farriers shall be entitled to the same provisions for wounds and disabilities, and the same provisions for widows and children, and the same allowances and benefits, in every respect, as are allowed to other troops compos composing - ing composing the army of the United States. Sec 4. And be it further enacted, That the non-commissioned officers, musicians, and pri privates! - vates! privates! of said regiment, when employed in con- ! structing fortifications, making surveys, cutting roads, or performing other labor, shall be allnw allnwi - i allnwi ed fifteen cents per day each, with a cominula- \ tioii in money for the extra spirit ration, as pro- , vided by the act of the second of March, one j thousand eight hundred and nineteen, entitled "An act to regulate the pay of the army when en latigue duty Sec. 5. And be it f irther enacted. That the sum of seventy-six thousand five hundred dollnrs, for mounting and equipping said regiment, bo, and the same heieby is appropriated, to bo paid out of any moneys in the Treasury not other otherwise - wise otherwise appropriated. Sec. 6. jtnd be it further enacted. That a sum not exceeding three thousand dollars, out of any moneys in the treasury not otherwise appropriated, be, and the same hereby is appro appropriated, - priated, appropriated, to defray the expenses of each military station or defence which the President may deem necessary on the lino of communication with Oregon, and a sum not exceeding two thousand dollars for making compensation to the Indian tribes which may own or possess the ground on which the said station may be erect ed, and for each station. Approved, May 10, 1846.

Public. - No. 541. AN ACT for the organization of a company of sappers, miners, and pontoniers. [Sku. 1.] Be it enacted by the Senate and. House of Representatives of the United States of America in Congress assembled. That there be added 10 the. corps of engineers one company of sappers, minere, and pontoniers, to be called engineer soldiers : which company shall be composed of ten sergeants, or master workmen, ten corporals or overseers, two musi - cinns, thirty-nine privates of the tirst class, or artificers, and thirty.nine privates of ihe second class, of laborers ; in all one hundred men. Sec. 2. And he it further enacted. Tnat the pay and rations of the sergeants, or master work men of said company, shall be the same as those now allowed by law to the master workmen em employed - ployed employed by the ordnance department, excepting tnat the engineer sergeants shall receive one ration only tier day, instead of one ration and a half; ol the corporals, or overseers, the same as those now allowed by law to the armorers, car carriage-makers, - riage-makers, carriage-makers, and blacksmiths employed by the ordnance department, excepting that the engineer corporals shall receive one ration only per day, instead ol one ration and a half; of the privates of the first class, or artificers, the same as those now allowed by law to Ihe artifi artificers - cers artificers employed by the ordnance department; of the privates of the second class, or laborers, the same as those now allowed by law to the labore s employed by the ordnance department; and of the musicians, the same as those allowed by law to the musicians of the line ol the army; the said non-commissioned officers, privates, and musicians being respectively entitled to the same clothing and other allowances as are gran granted - ted granted by law to non-commissioned officers, pri privates, - vates, privates, and musicians of the artillery in the ar army - my army ol the United States. Sic. 3. And be it further enacted. That the said engineer company shall be subject to the rules and articles of war; shall be recruited in Ihesame manner, and with the same limitation, and shall be entitled to the same provisions, al allowances, - lowances, allowances, and benefits, in every respect, as are allowed to the other troops constituting the pres ent military peace establishment. P«o. 4. And be it further enacted. That the said engineer company shall be attached to and compose a part of the corps of engineers, and be officered by officers of that corps, as at pres present - ent present organized ; they shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall aid in giving practical in instructions - structions instructions in these branches at the Military Academy ; they shall, moreover, under the or orders - ders orders of the chief engineer, be liable to serve by detachments, in overseering and aiding labor laborers - ers laborers upon fortifications or other workB under the engineer department, and in supervising finished fortifications as fort keepers, preventing injury and applying repairs. Sec. 5. And be it further enacted, That the chief engineer, with the approbation of the Sec Secretary - retary Secretary of War, be authorized to regulate and de determine - termine determine the number, quality, form, dimensions, 4ac. of the necessary v» hides, pontons, tools, implements, arms, and other supplies for the use and service, of said company as a body of sappers, miners, and pontonien.

Now, who nmongsl (lie distinguished a* yet mentioned among the press in connect connection - ion connection witii die inquiry who is to be neat governor, can bet'er than Col. Richard 8, Walthill lay claim to availability, Whal is availability but popularity, and what more reliable evidence of popularity would you seek, tliun that an individual should bn generally known - well tried, and ol univer universally - sally universally acknowledged fidelity and ability in thn service of hia party. Give mo this stan standard - dard standard for the measurnient of popularity,- - ^ and who says it is not a safe one 7 a^HH without the necessity of going North, SufnN?^ East or West, to conciliate the lavor of any * man, I will pledge to the support the cordial and zealous support of Col- Walthall for the office of governor, a greater number of prominent atut trust worthy leaders of tho party in this State, that can as I honestly believe, be claimed on the same condition, by any other man before (he public. Col. Walthall is an old and tried soldier in the partizan warfare which has agitated the politics ot Alabama from her earliest ad, mission into the sisterhood of this great con confederacy - federacy confederacy of free and sovereign States. Scarcely a man in the State has been oft oftener - ener oftener than he, for the last twenty years, a member of one or the other branch tf the Legislature. And 1 will hazard the pro protension - tension protension for him, high and honorable aa it is, and I challenge contradiction, of his having served his own constituency and acquitted himself in all the diversified duties of the legislature, wiih as much fidelity, as ever did any man, whose nameeur legislature journ journals - als journals record. What orginator or advocate of any important measure in any legislature of which he was a member will 'not freely confess that he regarded Ihe co-operation of Col. Walthall as a tower of strength to his side, or feared his oiposition a) that of a man, himself a host. What man ever ran for office 6ofore a legislature of which l.a was a member, will now deny (hat he feared or courted his iqfiuence. Of industrious habits, energetic character, and en ardent temperament, to he a laborious, and wake wakeful - ful wakeful representative was as natural to him aa that his muscles should move or his pulae beat. And while hia industry and partisan zeal served to quicken hia fidelity to the duties of tho legislative halls and the com committee - mittee committee rooms, they did more ) they brought him in contact with the members, singly and severally. In these interviews and pri private - vate private consultations and debates, which not only served to convince them of hie abil ability - ity ability as a statesman, but also made them feel that iufluence and form that personal ac acquaintance, - quaintance, acquaintance, which now after lapsing years, nil scattered as they are over the length and breadth of our goodly Alabama,they would he glad to acknowledge and honor by giv giving - ing giving the Colonel their votes and influence ns their party's nominee for governs August. overnorj

Repeal of the Laws for the Collec Collection - tion Collection of Debts. - Tlio somewhat novel doc trines of the Hon. Jolin J. McCaughan of Hurtison couniy, hnvo recently attracted considerable a'lcnlion. At the last session j of the legislature, Mr. McCuughan present presented - ed presented a petition from the couniy of Harrison ! praying fur the repeal of all law* for the 1 coll'clion of debts. The petition was re j ferred to a Committee, and a bill was re reported - ported reported to carry out the wishes of the peli. tinners. The bill was accompanied by nn able report prepared by Mr. McCuughan. ; Rut ns was to have been expected, wl en the i subject hud hr en so little discussed before the people at large in the State, the bill failed to hr come a la tv. The vigorous minded author of this meas measure - ure measure of rndtcal change - we had almost said reform - does not, however, despair of the liunl success of his measure. In a recent visit to Lafayette county, in the capacity ol n trustee of the State University, Mr. Me. Csughan addressed the people at several public on the subject, and was listened to with profound attention. His legislative re report - port report hns been re-published in the London Times, and we may well conclude that a ! subject of such magnitude will hereafter re receive - ceive receive no little share of attention. When I the legislature meets again, we should like ' to see a bill passed, providing for a direct vole of the people on this proposition. That J would bring tile matter up for uiscussion and deep reflection. We venture lossy that the measure would And strung advucates in every couniy. Mr. McCnttghnn was also the author and introducer of another radical measura, which we (rusted wotlld become a law ; but it. too, failed. It was a bill for the abolishment of laws for the collection of security debts. We think the public mind is st this time tips for this change. The object of gov government - ernment government is simply to "keep men from in injuring - juring injuring one another." The thing most to be feared of s Legislature, is not that it will enact hud law*, but that it will enact too many laws. Over legislation ha* produced more crime and distress than anv other cause whatever. Under the security laws, tlio man who is capable of crime never suf suffer*. - fer*. suffer*. Long before the debt matures he has so arranged his property as to go free when it is to be paid. The honest and (rue heart hearted - ed hearted alone suffer. They whom the laws ought to protect are fleeced - they whom they should punish go free. We would blot from the statute books all laws which incite men to the commission of crime ; or which lead them "fa injure one another. - Mississippi tin. Southern Manufautorv. - Dr. Cart Cartright - right Cartright of Green county, Georgia, received the premium at the late fair at Washington City tor the best article of Cotton yarn - it being the finest specimen exhibited. The last accounts from Mobile repre represents - sents represents that city as being entirely free from disease.

FOWLER. v*. THREEWITS ADM'R ADM'ROrphan's - Orphan's ADM'ROrphan's Court of Lawrence. W. Coopkr. for the plaintiff in error. ! ORMOND, J. - 1. The statute of descents of this State, ah. rngntcs the English rule that property cannot ascend to the parents of the de- j ceased, but will descend in preference to remote collateral relations; and the rule is established that where there are no brothers or sisters of the deceased or da dacendants - cendants dacendants of such, the father first, and then the mother, are capable of inherit* ing from their child. 2. Where a child upon the death of its grandfather, becomes one of his heirs at law, representing its deceased mother : - upon the death ot this child, its father in inherits - herits inherits its portion of its grandfathers es estate, - tate, estate, and is consequently infilled to share in its distribution. 3- A petition to the Orphan's court fy a plaintiff, to be admitted to a share in the { distribution ot an estate, is a preliminary I step ; and until the claim is recognized, ' the petitioner is a stranger to the procen. ding, and cannot be admitted to prosecute a writ of orrror. Hi* (remedy is bv cer. 1 liorari to the Circuit court by which the ! order dismissing the petition will be re reversed. - versed. reversed. Writ of error distressed. GOVERNOR, USE. <fcc. v*. POWELL,! ET AL. Coosa Circuit Oourt. L. P. Storks, for plnintifT In error, L. E. Parsons, contra. GOLDTHWAITE, J. 1. In an action on the official bond of i| Sheriff alb ging a breach of duty in not making the money on a Ji fa, it is not a i good plea in bar that the party in interest was paid the principal, interest and coat j of bis debt after the rendition of ihejudff- 1 went, and before the commencement of the suit on tne bond. The sheriff cannot investigate the fact of such a payment made previous to issuing the execution, but the acceptance of payment by the plaintiff, after the breach of duty, is a dis discharge - charge discharge to the Sheriff -2. Querc, whether it is necessary, tinder our lberal rules of pleading, fora party to