State Journal & Flag, 1846-12-25

1 he present treaty shall lie approved and rat ratified - ified ratified by the President of the United States of America, by and with the advice ai d consent of the Senate of the said^States, and oy his Maj Majesty - esty Majesty the King of the Kingdom of t he Two Sici Sicilies, - lies, Sicilies, and the ratifications shall be exchanged at Naples, at the expiration of six months from the date of its signature, or sooner, if possible. In witness whereof, the respective plenipo. tent juries have signed the same, and have affix ed thereto the seals of their arms. Done at Naples the first of December, in the year one thousand eight hundred and forty-five. William II. Polk, [l s ] And whereas, the said Treaty has been duly ratified on both parts, and the respective rntifi cati ns of the same were exchanged at Naples, on the first day of June, one thousand eight hun hundred - dred hundred and forty-six, by William H. PoM<. Charge d'Afl'aires of the United Stales, and D. Giuslino Foitunato, Knight Grand Cross of the Royal Military Constantinian Order of St. George, and of Francis the 1st., Minister Secretary of Stale of his said Majesty ; D. Michael Gravina and Kequesenz, Prince of Comitini, Knight Grand Cross of the Royal Order of Francis the 1st., Gentleman of the Chamber in waiting, and Minister Secretary of Slate of his enid Majesty; and D. Antonio Spiii'-lli, of Scalea .ACominander ofthe Royal Order of Francis the 1st., Gentle Gentleman - man Gentleman of the Chamber of Ins said Maj-s'y, Mem. be r of the Gen-ral Consults, and Sup>-rintun Sup>-rintund - d Sup>-rintund Ill-General ofthe Archives of the Kingdom, on the part of their respective Gnvernmen's : No w, Til EllEFORE. BE IT KNOWN, that I, JAMES K POLK, President of the United States of America, have caused the said Trea ty be made public, to the end that the same, and every clause and article thereof may he ob observed - served observed and fulfilled wi h good faith, by the Uni ted Slates and the citizens thereof. In witness whereof, I have hereunto set my hand, and cause the seal of the United States to be affixed. Done at the city of Washington, this twenty twentyfourth - fourth twentyfourth day of July, in the year of our [seal ] Lord one thousand eight hundred and forty six, and of the Independence of the United States the seventy-first JAMES K. POLK. By the President; James Buchanan, Secretary of Slate. Treaty with Great Britain of limits westward ofthe Rocky Mountains. Concluded June 15th, 1840. J)j the Frtident of the United Slatet of America; A PROCLAMATION. Whereas, a Treaty between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland was concluded and signed hy their plenipotentiaries at Washin ton, on the fif teenth day of June last, which treaty is, word f..r word, ns follows : The United States of America and her Mnj csty the Queen ofthe United Kingdom of Greal Britain and Ireland, deeming it to be desirable for the f<Hlire welfare of bo'h countries that (In (Instate - state (Instate of doubt and uncertainty which has hith hitherto - erto hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of America, K ing westward ofthe Picki or Stony mountains, should be finally termina terminated - ted terminated by an amicable cc-mp'omiac ofthe rights mutually asserted by the two parlies over the siid territory, have respectively named pleni plenipotent - potent plenipotent aries to tri at and agree concerning the terms of such set'lenient - that is lossy: the President of the United Stales of America has. on his part, furnished with full powers Jam' s Buchanan, Secretary of State of the United States, and her Majesty, the Queen ofthe Uni United - ted United Kingdom of Greal Britain and Ireland, has on her part, appointed the Right Honorable Richard Pakenham, a member of her Majesty's most honoi able privv council, and he- Mnjesly's env y extraordinary and minister plenipotentia plenipotentiary - ry plenipotentiary to the United States; who. after having communicated to each other their respective full powers, found in good and du- form, have agreed upon and concluded the following arti articles - cles articles : Article I.

free access into and thiougli the |saul river nr rivers, it being understood tlmt all the usual portages along the line thus described shall in like manner be free and oppn. fn navigating the said river or rivers, British subjects, with their goods anil produce, shall be'trented on the same footing as citizens of the United States ; it being, however, always understood that noth nothing - ing nothing in this article shall be construed ae, prevent preventing. - ing. preventing. or tnlenocd to prevent, the Government of ' the United States from making any regulations ! respecting the navigation ot the said river or j rivers not inconsistent with the present treaty. Article III. i In the future appropriation of the territory smith ofthe forty-ninth parallel of north latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay I Company, and of all British subjects who may be already in the occupation of land or other properly lawfully acquired within the said ter ritory, shall be respected. Article IV. The farms, lands, and other property of eve every - ry every description belonging to the Puget's Sound Agricultural Companyon the north side of the Columbia river, shall be confirmed to the said company. Incase, however,the Situation of those farms and lards shniild he considered by the United States m be nf p ;blic and political importance, anil tho United S ates Govern Government - ment Government should sigrify a desire to obtain posses possession - sion possession of the whole, nr of any part thereof, the property so required shall be transferred to the said Governmmt, at a proper valuation, to be agreed upon between the parties. Article V. The present treaty shall be ratified by I lie President ofilie United States, by and with the advice and const nt of the Senate thereof, and by her Britannic Majesty ; and the ralifi. cations shall be exchanged at London, at the expiration of six months from the date hereof, or sooner, if possible. In witness whereof, the respective plenipo plenipotentiaries - tentiaries plenipotentiaries have signed the same, and have atHx atHxed - ed atHxed thereto the seals of their arms. f)one at. Washington the fifteenth day of June, in the year of our Lord one thousand eight hundred and fnriv vix. JAMES BUCHANAN. |l s | RICHARD PAKENHAM, (l. s.j And whereas the said treaty lias been duly ratified on both parts, anil the respectivo ratifi ratifications - cations ratifications of the same were exchanged at London, on the seventeenth ultimo, by Louis Me Lane, envoy extraordinary and minister plenipotenti plenipotentiary - ary plenipotentiary ot the United States, and Viscount. Palmer Palmerston, - ston, Palmerston, her Britannic Majesty's Principal Secre Secretary - tary Secretary of State for Foreign Affairs, on the part of their respective Governments. Nnw, therefore, re it known, thnt I, JAMES K. POLK, Pc siilent ofthe United States or America, have caused tlie said treaty to be made public, to the end that the same and every clause and article thereof may be ob observed - served observed and fulfilled with good faith by the Uni United - ted United Slat PS tnd citizens llieroof, In witness whfreof, I have hereunto 6et mv hand, and caused the seal of the United Slates to be affixed. Done at the citv nf Washington, this filth day nf August, in the year of our [L. s] Lord one thousand eight hundred and forty-six, and nf tho independence of the United States, the sevent,-first. JAMES K. POLK. By the President : James Buchanan, Secretary of Stele.

I al properly of every kind and description, by I sale, gift, exchange, will, or in any other way whatever, without the smallest hinderance or obstacle ; and their heirs or representatives, be being - ing being subjects or citizens of the other high con contracting - tracting contracting party, shall succeed to their personal goods, whether by testament or ab intestalo ; and may take p ssession thereof, either by them selves or by others actin for them, and dispose ot the same at will, paying to the profit of the respective (jovernments such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And in ca9C of the absence of the heir and rep resentatives, such care shall be token of the said goods as would be taken of the goods of ana analive - live analive of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided fiunlly by the laws and judges of the land wherein the said goods are. They shall not be obliged to pay, under any pretence whatever, any laxeB or impositions, other or greater than those which are paid, or may hereafter he paid, by the subjects or citi citizens - zens citizens of the most favored nations, in the respec respective - tive respective States of the high contracting parties. They shall he exempt from all military ser service, - vice, service, whether by land or by sea; from forced loans, and from every extraordinary contribution not general ant by law established. Their dwellings, warehouses, and all premises apper appertaining - taining appertaining thereto, destined for purposes of com commerce - merce commerce or residence, shall be respected. No ar arbitrary - bitrary arbitrary search of, or visit to. their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts ot their trade, shall be made, hut such measures shall be exe executed - cuted executed only in conformity with the legal sentence of a competent tribunal ; and each of the two high contracting pomes engages that the citi citizens - zens citizens or subjects of the other, residing in their respectivehtates, shall edjoy their property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favored nation. Article VII. The citizens and the subjects of each of the two high contracting narties shall be free in the Stales of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor, or agent ; nor shall the citizens and subjects of (lie two high contracting parties be restrained in their choice of persons to act in such capacities, nor shall they he called upon to pay any salary or remu remuneration - neration remuneration to any person whom they shall not choose to employ. Absolute freedom shall be given in oil coses to I lie buyer and seller to bargain together, and to fix the price of any goods or merchandise imported in o, or to be exported from, the States anil dominions of the two high contracting par parties - ties parties ; save and except generally such cases wherein the laws and usages ot the country may require'lie intervention of any special agents jn the Slates and dominions of the high con contracting - tracting contracting parties. Article VIII.

BY AUTHORITY. TREATIES. Tresly with the two Sicilies of commerce and Navigation. Concluded December 1st, 181'). By the President of the United States of America: A PROCLAMATION. Whereas, a Treaty of Commerce and Naviga lion between the United States of America and Ins Me.jety the King of the Kingdom of the Two Sicilies, was concluded anil signed at Naples, on the first day of December, one thousand eight hundred and forty five, which Treaty, being in the English and Dalian languages, ts, word for word, as follows : The United Slates of America and his Maj csty the King ot the Kingdom of the Two Si Sicilies, - cilies, Sicilies, equally animated with the desire of main maintaining - taining maintaining the relations of good understanding which have hitherto so happily subsisted be between - tween between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the con conclusion - clusion conclusion of a Treaty of Commerce and Naviga Navigation, - tion, Navigation, for which purpose they have appointed plenipotentiaries, that is to say : The President of the United States of Ameri. ca, William It. Polk, Cliaige d'Affiirs of the said United States of Airerica to the Court of his Majesty the King of the Kingdom of the Two Sicilies ; and his Majesty the King of the Kingdom of the Two Sicilies, D.Giusttno For Fortunate, - tunate, Fortunate, Knight Grand Cross of the Royal Mtli- ! lary Constant inian Order of St. George, and of ! Francis the 1st, Minister Secretary of State of his said Majesty ; D. Michael Gravinaand Re j quesenz, Piince ot Comiiini, Knight Grand Cross of the K»f*l Order of Francis the 1st, Gentleman of the Chamber in waiting, and Min Minister - ister Minister Secretary of Stale of Ins said Majesty;) and D, Antonio Spinelii, of Scales, C miinan- i iler of me Royul Order of Francis the 1st, Gen Gentleman - tleman Gentleman of the Chninbir of his said Majesty, Member of the General Consults, and Superin Superintendent - tendent Superintendent General of the Archtevcs of the King- 1 dotn ; who, after having -exchanged their full powers, found in good and due form, have cott cottcludedaand - cludedaand cottcludedaand signed the following articles : Artici-e 1. There shall be reciprocal liberty of commerce and navigation between the United States of America and the Kingdom of the Two Sicilies. Fo duty of customs, or other impost, shall be charged upon any goods, the produce or nianu fac lire of one country, upon importation by sea or by land from such country into the other, other or higher than the duly or impost cliarg ed upon goods of the same kmd, the produce rr manufacture of, or imported Iro n auv other country ; and the United Males of America and liis Majesty the King of the Kingdom of He Two Sicd et do hereby engage, that the sub subjects - jects subjects or citizens of any other State shall not en enjoy - joy enjoy any favor, privilege,or immunity, whatever, in matters of commerce and navigation, which shall not also, and a> the sime time, he extend ed to the subjects or citizens of the other high contracting party, gratuitously, if the concession in favor of that other Slate shall have been gra gratuitous, - tuitous, gratuitous, and in return for n compensation, ns nearly as possible ot proportionate value and ef effect, - fect, effect, to be adjusted by mutual agreement, if the concession shall have been conditional.

the county and town of Alexa ulna, to n»* nsceramed in the manner therein prescrib'd, all that portion of the District of* Colombia ceded to the United States by tin* State of i Virginia, hie! all the rights and jurisdiction therewith ceiled over the same, shall be c?d<d and for* ver relinquished to the State of Vir Virginia - ginia Virginia in full and absolute n«rht and jurisdic jurisdiction, - tion, jurisdiction, ns well of soil as of persons residing or to inside thereon : And whereas, it is further provided, that the void act "shull not be in 1 force Until all. r the assent of the people of the county uml town of Alexandria shall he given to i», in the mode therein provided j end if n majority of the votes should he in fa- ! vor or accepting the provisions ofthe said act, it shall b<* thedjty of the President to make | proclamation ol the fact : And whereas, on the 17th day of August, 1840, a tier the close of the late session of tin* Congress of the Uniicd S ates, I duly appointed live c t zens of the county or town ol Alexan Alexandria, - dria, Alexandria, belfg' freeholders within the same, us com* missioners, who, being duly sworn to perform the duties mposed on them, as prescribed in the snid net, <liri proceed within ten days after tin y were notified,to fix upon the first and second days of September, ls4(), as iho time ; the Court-house ofthe county of Alexandria, as the l»lacr-. and viva voce os the manner of voting; and gnve due notice of the same ; and at the time, and at the place, in conformity With the said notice, the said Commissioners presiding, and deciding all questions arising in relation to the right of voting under the said act, the votes of the citizens qualified to vote were taken viva voce, and recorded in pol hooks, duly kept, and on the third day or September install*, after the said polls were closed, the said Commissioners did moke out,nr d on the next day did transmit to me, a statement of the polls so held, upon oath, amt under their se als ; and of the votes so cast and polled, there were, m favor of accept accepting - ing accepting the provisions of tne snid act,seven hundred mid sixty-three votes, nod ogaust accepting 'he same two hundred and twenty two - show two - showing - ing two - showing a majority of five hundred and foriy one votes for the acceptance ot the same. N«>W, THEREFORE, BE IT KNOWN, that I, J AMISS K POLK, President of the United States of America, in fulfilment ofthe duty im imposed - posed imposed upon me by the said act of Congress do her* by make P oclainnt on of the " result" of said "poll." ns above stated, and do call upon all and singular the persons whom it dotli or inny concern, to take notice, 11,.t the act aforesaid, "is in full force and effect." In witness whereof, I have hereunto set my hand nnd caused the soul of the United States to be affixed Done a» the Ciiy of Washington, this srveiitli day of September in the year of our [&eal.] Lord, one thou.-aml eight hundred and forty-six, and of the Independence of the United Slates, the seventy-fit at. JAM Ed K. POLL, By the President ; N. P. Tuist, deling Secretary of State.

like case ot properly belonging to the natives of the country, until the lawful owner, or ihe person who Ins a right to sell the some actor ding to article II, may lake measures to receive or dispose of the inheritance. Article V. If any dispute should atise between different claimants to the same inheritance, they shnlI bn decided in the resort accordin' to the laws, anil by the judges of the country where -the property is situated. Article VI. But this convention shall not derogate in any manner from the force nf the laws already pub lislied, or hereafter to be published, bj bis Majesty the King of Bavaria, to prevent the emigration of bis subjects. Article VII. This convention is concluded subject to the ralifica ion of the President of the United Staiesof America, by and with the advice and consent of their Senate, and of bis Majesty the King of Bavaria, and the ratifications thereof shall be exchanged at Berlin within the term of fifteen months from the date of the signature thereof, or sooner if possible. In witness whereof, the respective plenipo plenipotentiaries - tentiaries plenipotentiaries have signed the above articles, as well in English as in German, and have thereto af affixed - fixed affixed tlieir seals. Done in quadruplicate, in the city of Berlin, on the twenty-fir"t day of January, one thousand eight hundred and forty- five, in the sixty ninth year of the independence ot the United States of America, anil ihe nineteenth of the reign of his Majesty the King of Bavaria. Henry Wheaton, [l. s j And whereas the said convpn'ion has been duly ratified on both parte, and the respective ratifica'intis ot the same were excfianged at Berlin, on the fourth day of November, one thousand eight hundred and forty five, by Hen Henry - ry Henry Wheaton, Envoy Extraordinary and Minis Minister - ter Minister Plenipotentiary of the United States, and the Count Maximilian von l.erclicnfeld, Cham Chamberlain - berlain Chamberlain nf bis Majesty the King of Bavaria, arid bis Envoy Extraordinary and Minister Plenipo Plenipotentiary - tentiary Plenipotentiary mar the Court ofliis Majesty I lie King of Prussia, on the part of their respective Gov Governments - ernments Governments : Now, then-fore be it known, that 1, JAMES K. POLK, President of the United St iles of America, have caused llie said convention to be made public, to the end that the same, and every clause and article thereof may be obser observed - ved observed and fulfilled with good faith by tile United States and the citizens thereof. In witness whereof, I have hereunto Bet my hand and caused the seal of the United States to he affixed. Done at the city of Washington, this fifteenth day of August, in the year or our [i. s.j Lord one thousand eight hundred and fort)-six, and of the independence of the United States the seventy-first. JAMES K. POLK. By the President: James Buchanan, Secret nry nf State.

Journal & JFlag. TUSCALOOSA', l)KO. 2.ri. DMO. We publish, below, n review of liie upin upiniou - iou upiniou of Judge Ckawford, in the case of King & Ward, t?s. the Tuscumbia, Courllund, 1 and Decntur Rail Road Company, the Branch Bank at Decatur, and others. We regret that our columns are so much 1 crowded us to prevent us from, ulso, pub publishing - lishing publishing the opinion of Judge C. It has been | uhlislicd, however, in the Huntsville Advo Advocute, - cute, Advocute, and Tuscaloosa Monitor, und those who let l an interest in the matter will have no difficulty in procuring it, in one or the | other, ol these journals. To the Editor of the Journal and Flag : Snt - .Vs uniformity of decision is u mat matter - ter matter of the utmost moment to the people of the Suite, I shall make no apology for asking the attention of your renders, to the following brief review of the recent decision made by His Honor Judge Craw lord, at the Inte session of the District Court of the United States at Huntsville, in tile cise of King and Ward vs. the Tiisenm Tiisenmbin, - bin, Tiisenmbin, C'Uirland, anti Decatur Kail Road Co-, in which he calls in question a decision of the Supreme Court ol this State. I may remark, however, that I should n a trouble \ on with this communication, if the opinion of Judge Crawford, written hy himself, hud not appeared in the Southern Adv cate of the 3.1 last, the manifest purpose of which, is to show that life decision of the Supreme Court of this State, is not law, in which opinion [ think it will appear on examina examination, - tion, examination, that His Honor the Dislticl Judge is mistaken. The case called in question by him is Williams and Battle vs, Jones, 3 Ala. Rep. 314. This cam, is professedly founded on the case of M Gregor and Dar Darling - ling Darling vs. flail, 3.1 Stewart, page 397. My acquaintance with the Judges who have occupied mir Supremo Court bench since 1832. enables me to steak nnderslandingly ot the question originally settled hy this decision. To my knowledge the present Chit f Justice has said, that lie tried liie case of McGregor & Darling vs. H ill on the Circuit, nml there held, that the interest of the mortgagor could not be sold under an execution hi law; and the report shows that h - was overruled hy the unanimous opinion ol Judges. Lipscombe, Si Hold, and Ttylor. who llu-n composed the bench. This decision did not meet tlie entire ap approbation - probation approbation of the liar, though it must he admitted their Honors gave the case milch consideration, and were perfectly aware that they opposed the current of the earlier deeissions.

Iii the eye ol rensnn find common sense, their can lie no distinction between equity ol leriemption, and the interest of a grantor in n deed ol trust. Beth instruments are securities made by the debtor to secure the payment of n debt; and in both, the debtor is entitled to that which remains of the prop, erty conveyed whan the debt is paid, and when the difficulty is surmounted, as it was hi McGregor and Darling vj. Hull, that it is tlu; sale of an equity. 1 can see no reason why both should not have been put upon the same footing. It was so considered hv a court of high authority, the Supreme Court in North Carolina in Harrison vs. Battle, 1 D. Eq. R. 537. in that case, one Hunt hud convi yed all his property which could ha seized under execution, to a third person in trust to pay debts, and one of the questions was whether the interest of the grantor could be sold under execution, in virtue of a statute of North Carolina, which authorized the sales of trust es'atates. Chief Justice Henderson said " So far as regards the land, ilm.l's interest may be s Id under the second section of the act; for we cannot distinguish ids right to have the land again, after the payment of the debt for which this stood as security, from an equity of redemption. It has all the essentials of that right, although it wants some of its formal parts ; it is conveyed to secure the payment of a debt: upon the payment of the debt, Hunt has a right to call tor the reconveyance. Whilst in his possession by the consent of the creditor he is not uccoumuhle for the profit*. This trust to be sure can be closed by a sale, without the intervention of a Court of Equity. Tile aid of the Court to foreclose the Equity of redemption, is required only because the law will not trust the creditor to be both his ngent and that of Ihe debtor, whose rialus it may he his interest to sac sacrifice. - rifice. sacrifice. This trust is free from that obliga* tion, because the parties have agreed on their trustee. HV cannot therefore il'stin fjuish this interest from an equity of redetnp. lion. The mischief is precisely Ihe same, ami we therefore think it within the spirit of the act of 1813.*' This decision was con concurred - curred concurred in hy Judges Ruffin and Hall, and is in point to (lie very letter, that th <re U no sensible or rational disiinction between the possessory interest of the grantor of a deed of trust,'and the equity of redemption