davidaulloa/AmericanStories huggingface dataset:
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

Afew weeks ago the Brig Ottoman, Capt
Hannum, sailed for Boston. from New Or
leans and when out at sen, the captain dis.
covered slave secreted on board. On at
irving at Eoston, he had the slave conveyed
an board vessel bound for New Orleans.
which has caused him to be prosecuted by
the Abolilionists. An "indignaton meet.
ing" was held, at which John @. Adams
presided. and committee Of vigilance was
appointed TO attend TO the prosecution, OF
more properly persecution Of the captain 'for
kidnapping" We find in the Pcayune The
following letter from Captain Hannum---
which appeals strongly to the sympathy Of
the southern people.
Bosro1, Sept. %. 1e4o.
Editors Of the Picdyune :-Sotely hunted
and tracked by those cursed bloodhounds,
the abolitionisIs, l give you my last com
munication previous to taking up my quar-
ters in Leyeiett street jail. The one.>ided
position in which am placed, with pollt
zeal party headed BY an eminent lawyer to
contend with, may be easily imagined. The
felonious charge Of kidnapping" they atc
determined To sustain at any cost. The
Ia'ly papers Of the city, with Que or two ex.
crplions, have not ventured 10 advance q
single sentiment in my favor.
And all this row ami excitement about o
vagaboad drunken negro. This for often.
ding tho enemies of our Union, in order To
comply with the laws Of sister State. Talk
Of justice. She Is no, here. She ernigra>
ted South long ago; and to the South
must appeal to save me from fine aud i'm
prisonment.
In your hands, gentlemen. leave the
subject. feeling certain that You will not lail
to place the matter before the citizens Of
Louisiana in us true and proper light. 10
this remains my only hope.
Communications may be addressed to
the care Of J. H P, & Co., rs Long Wharf
Boston.
Very respectfully, yours,
JAMES w. HANNUM.
Late Master of brig Ottoman.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
VIM. MALLORY, EFT AL.
VS..
JOHN MATLOCK.
Y-.I. ~ M
J0cksonriHe Chunccrv.

8. F. RICE, for the plaintiffs in error.
Al. WALxER, for the defendant.
COLLIER, {. j.
w. NJ. alleges in his bill ;hn, he executed
TO Mallocka speciality for 1915 dollars, on
which judgment was recovered. On The
specially w. M. paid 25 collars. and the
writing Obliged the obl'gor 10 pay 70 dol
lars and SO cents more than was due at
maturity this excess was produced by The
calculation Of interest at a higher rate than
eight per cent. On the trial at law, inter-
rosatories were exhibited to prove these
facts, by the testimony If plaintiff, as there
was no other witness who could establish The
same. The inierrogatorics were over. ruled.
Complainants offered to MatIock's counsel
10 pay the amount Of the judgment except
the % dollars previously paid, and the usvri-
GUS interest-which the attorney declined
receiving. -t's
Defendant admits the exhibition Of the
intcrrcgatories and their exclusion, but
denies that any sum was reserved Tor in.
sersss above the legal rate, or that Is dol
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

hundred and forty, and thrd March, eighteen
hundred and forty-three PROVIDED, That the
minimum price per acre of said land shall be
two dollars per acre.
SEC. 2. .fnd be ii further enacted. That in
every case the affidavit of the claimant under
this act shall be like unto that prescribed by the
act of twenty-second June, eighteen hundred
and thiriy-eight, and the same shall be filed,
and proof and payment made tor the land claim
ed, at any time before the day fixed by the
Presidents proclamation for the public sale OF
the said land: Provided. That where tract OF
land is now settled upon, settlement made on
ruch tract subsequent TO the date of this law
shall confer no right on the last mentioned set.
tier; and where settlements shall hereafter b.
made, the right shall be in the first settler, who
shall otherwise comply with the conditions OF
this law.
Approved, August Sd, 1915.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
Approved, July Is, 1916.
PuBLIc.-No. 60.


AN ACT to exempt canal boats from the pay
ment Of fees and hosp tai money.
[SEc. IL Be it enacted by the Senate
and House Of Representatives. of the United
States Of America in Congress ass m lied,
Thst the owner or owners master or captain, or
other persons employed in navigating canal
boats without masts or steam power, now by
law required to be registered, licensed. or en-
rolled and licensed. shall not be required to pay
any marine hospital tax OF money; nor shall
the persons employed to navigate such boats re-.
ceive any benefit or advantage from the marine
hospital fund; nor shall such owner or owners,
master or captain, or other peryons be required
to pay fees, or make any compensation for such
register, license, or enrolment and license, nor
shall any such boat be subject to be lIbelled in
any Of the United States courts for the wages
Of any person or persons who may be employed
on board thereof, or in navigating the same
Sec. 2. .dnd be il further enacted, That all
acts and parts OF acts repugnant TO The provi.
sions of this act, be, and the same are hereby
repealed.
Approved. July 20, lS46.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PusLIc NO. IS.

AN ACT making appropriations for certain
objects Of expenditure therein specified.
SEC. l.. Be it enacted by the Senate
and House of Representatives. of The United
Siaies Of America in Congress assembled,
That the following sums of money be, and the
same are hereb, apr" priated for the several
objects OF expenditure hereafter specfi d VIZ !:
For tue pay and mileage of meifbers of Con-
gress aud delegates, one hundred asd seventy
six thousand five hundred and forty-right dol-
lars. For The expenses of the mission to the
wild Indians OF the. prarie, including the expen-
SEES of q delegation Of these Indians to the city
of Washington and back to their homes, and
also some presents to them, fifty thousand d Oh
dars: Provided, That no other or higher COM
p',nsatlon shall be paid to the commissioners
appointed to negot late with SAID Indians than
is authorized by the act approved seventeenth
July. eighteen hundred and forty-two, nor shall
any expenditure be allowed by the accounting
officers but what shall appear to have been
proper and reasonable, and which shall, IN all
respects, be supported BY the most satisfactory
vouchers: Provided, further, That no account
shall be allowed, except for objects authorized in
the instructions 10 the commissioners Pr0ri-
ded, houeuer, That bills or drafts, heretofore
drawn and negotiated by eaid commissioners,
or either Of them, on the commissioner OF lndI-
an Affairs, in pursuance Of instructions and au
tllority given 10 tn III, shall be paid out of said
appropriation, holding said commissioners to q
due accountability for the amount or proceeds Of
SAID bills or drafts. For fulfilling treaty with
the Kansas lndIans-viz: interest on two hun
dred Thousand dollars at five per cent, in lieu
OF investment per second article of treaty Of
fourteenth July, eighteen hundred and fory-sx,
len thousand dollars; for delaying the neces-
sary expenses of negotiating the treaty, paw
men, to the missionary society of the Methodist
Episcopal Church, for improvements, erection
Of mill. and for prosisons per same article
aud treaty, two thousand dollars; for expenses
OF surveying the western line of lands ceded,
md marking the same, per third article OF the
.ame treaty, one thousand dollars.
Approyed. Iuiy 23. lH46
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
DECISIONS OF JUNE TERM. 1886,
SUPREME COURT OF ALABAMA.
Reported for the Journal and Flag.
RICHARD GROOM, & WILLIAM
DRAKE,
BECK. ADMIR-. OF DR.. W.
TRAVIS DEC,
Sumier Circuit Court.

Sumier Circuit Court.
R. H. Smith, for the plaintiffs in error.
s. w, lNGE, for the defendants in error.
COLLIER, G. J.
|. A bond conditioned to keep the prison
bounds, becomes absolute by the ilurs
of the principal TO surrender himself TO
close custody. within the time appointed;
or to discharge ha1self by making sur.
render Of his effects and taking The oa,h
of insolvency. 80.
3. The extent Of The recovery against the
obligors on such bond. cannot be affec-
ted by proof, of the inability of the prin.
cipal, to have satisfied the judgment eth
err in whole or 10 part.
3. Whether the penalty OF the bond be grea.
ter or less than the statute requires is inn
mnterial, as the exten, Of the oblignrs Ii.
ability is To be admeasured by the amount
Of the execution, with its accrction by
interest and COSTS.
Judgment affirmed.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
STEELE, ADMIR- Va KNOX'S DISrRI,
BUTEES.
Orphans Court of Sumter.

Orphans Court Of Sumter.
R. II. SMITH, for the plaintiff in error.
HAIR. contra.
ORMOND,J.
l. An objection to the account filed by an
administrator nay be taken at the final
settlement. Il is not necessary that OBJ.
jections taken be submitted in writing. but
it either party wishes 10 have the action
of the court thereon reviewed, it will
then be necessary TO spread them out up.
on the record together with the decision
OF the court upon them.
2. il the administrator be surprised by exc
cutions which he had not anticipated, and
is not prepared with the necessary proof
to sanction lis accounts, the obvious rem.
edy is a continuance of the settle.
ment.
3. All the rules applicable to carrying on
trade by the personal representative,
apply with full force TO the continuance
Of plantation by an executor; and as
to az administrator il is obvious y impos-
sible at common law, as the land de.
scends TO the heirs.
A. And trade, ii seems, is not transmitted
even TO an executor SO as 10 enable him
to carry it on, unless he has express au.
thority by the will to do 81, or is so en-
powered to act by court of cbancery !;
and 1t he does so act he will be respon.
sIble to the creditors. as well as to the
heirs; and the latter may take the profits.
or insist on return of the capital and
interest at their election.
D. An administrator has no authority to
keep an estate together, and work the
slaves on the plantation. without IN or
der OF court TO that effect, and the distrb.
uees may elect, whether they will take
the profits Of the business, or charge the
administrator with the use of the prop.
eriy.
.. II IL The duty Of the administrator where
the estate is free from debi, 10 return the
fact to the court, that it may be distrbu.
ted. His omission to do so, and rcten.
lion OF the property in his own hands for
several years, is NAL administration,
forthe consequence of which he is charge.
able. .z..
7. Our statutes do not give the administra-
tor the exclusive right TO judge OF the ne.
cessiIy ola sale of property, but require
him to apply to The Orphans court for
permission to sell. and authorize the
court to confer the power where it may
be necessary. ..,e-5=
3, Il is the duty Of an administrator. on OBJ,
tanning an order-lo sell perishable prop.
erty without delay and it he fail TO do
SO, and retain it several years without
any justifiable cause; until it deterioraies,
he Is chargeable with its valuc, at the time
il should have been sold.
D. An administrator. when the interest Of
the estate requires it, may sell slaves.
though not necessary for the payment Of
debts and though generally distribnIable
in kind and when slave is sold, his val.
ne at the time Of the sale, and not his
estimated value at any previous period is
the measure of injury done TO the dis.
tributees.
10. II the sale is iusti6ablc, and made in the
usual rode. the price for which The slave
was actually sold, would be- the measure
OF his value.
Reversed and remanded a'9
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
NEW SERIES-VOL. 3-NO. 30

lars, or any other sum was paid n part
of the indebtedness, and denies that
-terdrr was made to defendants attorney.
l. Held, thai the answer denied eve " nlle>
gation Of the bill. and tina; n prop.r c,se
was made FOR the addition of DANA
ges.
2. Scnsble, that chancery cannot entertain
bill for discovery after Judgment at
law, where the facts sought to be eIicited
are matters of legal defence; unless an
excuse is offered for not having exhibl.
ted II at an earlier period.
B. So it may be r. garded as settled law that
relief cannot be obtained ia equity against
usury, where the party has omitted to
plead it at law, and shows no excuse
for the failure.
A. Sembie. that the proper mode Of relief,
where heterogeneous are overrnled which
should he entertained, is by manddmas.
Affirmed.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PUBLIc.-No. GO.


AN ACT giving the assent Of Congress to a
change Of The compact entered into between
the United States and the State of Arkansas,
on her admission into the Union.
Whereas the Congress of the United States,
by an act supplementary to an act for the
admission of the State Of Arkansas into the
Union, and to provide for the due execution
of the laws Of the United States within the
same, and for other purposes, approved June
twenty third eighteen hundred aud thirty
six, in the fifth proposition made to the state
OF Arkansas, and whish was subsequently,
accepted ~ the General Assembly of the
State of Arkansas, provided that the two en-
tire townships Of land located by virtue If an
act Of Congress- entitled IAN act concerning
seminary Of learning in the Fer itory of
Arkansas" approved the second day Of
March eighteen hundred and twenty seven,
which, Ivy the first reclted act of Congress,
were vested in and conf, med TO the General
Assembly Of the Slate Of Arkansas, to be
appropriated solely 10 the use and supper, of
university in said State: And whereas the
General Assembly Of the State of Arkansas
have. by their resolution, approved Decem,
Der eighteen, eighteen hundred and forty
four. asked for modification of said COM
pact to aul horize said General Assembly TO
appropriate SAID seventy-two sections Of land
to common school purposes: Therefore,
SEC. ~ Be it enacted BY the Senate
awd House Of Representatives oftke United
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PUBLro.-No g..

AN ACT further to extend the time for locating
Virginia military land warrants, and returns
ing surveys thereon TO the General Land Of
fee.
ISEc. L.. Be it enacted by the Senate
and House Of Representatives. of the United
STATES Of America in Congress assembled,
That the act entitled AN act further TO extend
the line for locating V,rena military land war
rants. and returning surveys thereon to the
G.ncsai Land Office" approved August nine
teen, eighteen hundred and forty one. as TO all
warrants issued prior to the tenth day Of August,
eighteen hundred and forty, and no others, be,
aud the same is hereby, revived and continued
in force unit, the first day of January, eighteen
hundred aud forty EIGHT.
Approved, July 30, 1886
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PUBLIC-No. II.

AN ACT to grsnt the right of pre-empiion TO
actual settlers on the land acquired by treaty
from the Miami Indian, in Indiana.
[SEc. IL Be it enacted BY the Senate
and House Of Representatives. Of the United
States of America in Congress assembled
That every actual settler. being the head Of a
family, or widow or single man over the age Of
iweniy-one years, who is now in possession,
by actual residence as housrkeeper, OF any
tract of public land within the limi of he sew.
efal cesslons by the Miam Indians in Indiana.
which hive not yet been proclaimed FIR sale by
the President, or any such person who sha
hereafter settle, erect dwelling -house, and be-
come hoisekesper upon any such tract Of
and, shall be entitled TO the same benefits end
privileges with respect to SAID land, as war
granted to settlers on other land by the act ap
proved twenty-second Of June, eighteen hun
bred and thirty-ei.hi, entitled San act 10 gran,
prescription rights" and the several amenda
tory provisions of said act. effected BY the sub
sequent acts bearing date first June. eighties
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
Approved. July 20, 1916.
PuBLIc.-No. 81.

-,
AN AZ inak'ng aPp,opf'ut,o''s ior .he sup,
port OF volunteefs ana oaner troops ae.hor,zro
20 oe ehPoyeo IN lne prosecution o' we war
VIVA Mex.co' curing .he year shu'ng H'e
tnlr'Ie'h OF june e'eAeeh huhorao anu 'of'y-
seven.
(SEC. IL Be ii enacted by the Senate
and House of Representatives. of the United
Sto,e, of A,ner;ca in Conoress assembled
Thai tha f,IIo,v;no srms be and ,he san,o a 70
kerehv mn, onr;a,eJ ~ be Maid M, Of INV mo-
ne., p,,paSsn e. ,hp p snnno,, 81 ny ,"O
sse,s and o,hs, tro.,. sn,hnr;,sd 10 hs s,,noIy.
sd Eor ,i,a nrosec,,t;pn If Tho war with Al. VIC,
dvr;nr ,h. uesr snd;n,r rho ,h;,,;o,h Jn,o o,oL'
tea,, nJr.J al f,.i, aanan '."'' os"
F. " ,ha rs,,,ar .r,oy v1
r.. the s nay 20 AZ ays we, ani , ,,;doa 10.
49, ~, :. s;ah,a..,,i, ,nn, ";a,,,o.. -.
"a s' 500 nv f,.,, sna ,hou.ans ,;oa h uo
.nJ e ; ca. , J",Is e '"''''' "' '''''''
~ s,,h.;s,o n - .,;a .s,.,.. IT,. ..
L'.e 80 sau o"S.' , H. .''"u
~. G."r m s'r sa;d 1 "so.r: h,.ss H.,
~. .ossI ~. oaI" o'i1T.s .o'ses' .", , '"o"
''ir . 1911 nu.c c Gnu m ou' uo.a'e
,,s ~. S''s''s Nv 90 on'e'' se''an's' '"'ee
"' wa" a"u o,M! So "a
Ia.'Ifsi ~. a 80 u III ''"' '''ou-
ssnr que ,"',u'ea us anu s's"'y aoaIs
ro' o'o.'''s a"u I'uP '4u'ppas1 Ior same
s"en.y-nine memo, 'noaSa"o "'"e nuno'eo ana nine
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PuBLIC.-No. SO.

AN ACT to change the time of holding the
federal court in North Carolina.
SEC. l.. Be 1t enacted By the Senate
and House Of Representatives. of the United
States Of America in Congress assembled
That the circuit court of the United States for
the district of Nor'hCarolina shall he held at Ra-
leigh, on the first Mondty in June and the first
Monday in December, instead of the tunes now
prescribed by law and Ill sections, suits, ap.
peals. recognizances, processes, wrts. and pro.
ceedings whatever pending. or which may be
pending, in said courts, or retu' nabe thereto,
shall have day therein, and be heard. tried, pro
ceeded with, and decided in like manner as if
the time of holding said court had not hereby
been altered.
Approved, July Is, 1876
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

STATES Of 1merica in Congress assembled,
That the assent of Congress be, and is hereby,
given 10 the change in said compact asked for
by the said General Assembly, so as to autho.
rize and empower tho General Assembly of the
State of Arkansas. and they are hereby author
lied and empowered, 10 appropriate SAID seven-
tv-two sections OF land for lie u-e and benefit
of common schools in said State, or IN any 9th.
er mode the said General Assembly may deem
proper for the promotion of education In said
State.
Annrovnl lnlu 90 ladG
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

WELL sAIp---Alexande Duwas, was re-
Gently examined, as witness. in q duelling
case, before one Of the French couris-and
when asked, what vas his profession. he
replied---"l should cali myself dramatic
poet, il WIS not in the 6iuh place Of Cor
nellie" a fe
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

Vanity bids ali her sons be generous and
brave. aud her daughters 10 be chaste aud
courteous. But why do We want her in
s,ructionsl As the comedian who is
taught part he feels not.--Stsrne.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30

Mr.. SuucK, the Missionary, and Miss
SEXTON wee married last night in the
Baptist Church, and We heartily wish lhai
IN the future enjoyment of their ma,rimoni.
al sweets, they may not have occasion to
cxcIaim "Oh Shucks!' Sing us Song
was also at church to witness the cerem0-
ny of the marriage Of his friend the Their.
.lorneter was ut about SO, but our heo,h-
en- friend had his fan! 1t is astonishing
how education may influence our habits !!
This "poor heather" did not know any bet.
Ter. and his travelling friend should have
,old him that such outlandish WAYS in Mari
on would be - Observation-Disclosures Re.
pipsy
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
HORSFIELD, vs.. ADAMS & KNAPP.
Circuit Court of Mobile.

HORSFIELD. W.. ADAMS & KNAPP.
Circuit Court Of Mobile.
J. a. CAMPBELL, for the plaintiff in er-
ror.
!. F. ADAMS. md E. w. PECK, contra.
GOLDrHWAlTE, j.
l. II one is unlawiulIy elected, by means Of
writ OF restitution, in a suit 10 which he
Is neither party or privy, this furnishes
no Justification, for him forcibly to eject
him who is thus invested with the pos.
session. His remedy is to sue the Sher-
itf or party for the forcble entry.
2. In suit for forclble entry where the
defendant pleads not guilty, the issue is
upon the defendants iorcbe entry.
Therefore records Of other suits between
other parties with respect to The propert,
or possession are prin,a facie irrelevant
10 show relevancy, the privity or con
nection between the parties to the record.
and those before the court should first BIZ
suggested or shown.
). Where charges asked for, appear to
have no connection with the fact 10 is
sue, their application must be shown, by
setting out the evidence; Otherwise the
presumption arises that The court proper.
ly refused them for irrelevancy.
4. Quere. whether one elected in ls4l, un
der process to which he was neither party
orprivy. can be prevented from regainins
his possession. by suit commenced within
the proper time. by contests between the
party eviciing him and other persons for
the possession.
Rever>ed and remanded.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
PuBLIC.-No.6 Sc.
AN ACT TO provide for the final settlement {
the accounts OF John Crowell, late agent f.


AN ACT to provide for the final settlement of
the accounts OF John Crowel late agent for
the Creek lndlans.
[SEc. IL Be it enacted BY the Senate
and House of Representatives. Of the Unned
States Of America in Congress assembled
Tia, nothing III the act Of the third Of March.
in the year one thousand eight hundred and
forty-fve, entitled IAN act making upproprIa-
tions for the civil and diplomatic expenses of
the Government for the year ending the Thrift.
eth of June, eighteen hundred and forty-six,
and for other purpos,s." shall be construed as a
bar to the settlements Of the accounts of John
C,owel, late agent of the Creek nation of In
dams and for the payment of any sum or sums
of money, if any found due to the said Crowell,
or to his heirs or legal representatives., by the
proper accounting officers the necessary
amount is hereby appropriated out of any money
in the Treasury not otherwise appropriated.
Approved, August 9, 1916. #.,
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-10-30
BY AUTHORITY.
pUBLIC.-No. 81.

LAWS OF THE UNITED STATES, PASSED AT THE FIRST
SESSION OF THE TWENTY NINTH CONGRESS-.