Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-11-01

posed, I, James Buchanan. President Of the UNI
ted States, have thought 1t ft to issue this my
proclamation, enjoining upon all onicers Of the
Government, civil and military, in their respect
i've spheres, to be vigilant, active, and faithful
In suppressing these Illegal enterprises, and In
carrying out their standing instructions TO thai
effect; exporting all good citizens, by their re-
spect for the laws and their regard for the peace
and welfare OF the country, to aid the effor;s Of
the public authorities in the discharge Of their
duties
In testimony whereof, I have hereunto set nv
hand and caused the seal OF the United States to
be affixed to these presents.
Done at the city of Washington the thirtieth
day of October, one thousand eight hum.
[sEaL dr.d and ffty-risht, and of the indie
third hid " ~ JAMES BucnaNsS.
BY the President: .....-
LEwis CAss, Secretary OF State. -
FRoM TIE N0RTHwzsFERN BOUNDARY.-A
private letter has been received by gentle
man Of this city from member of the Bound
airy Commission appointed to run and mark
the boundary line between the United States
territory and the British Possessions, from the
Pacific coast TO where the line is already estah-
lished. 1t is dated at Camp, on the Bay of
Simiahano, Sept. 18th. The writer says that
the English Commissioners appointed to run
the same boundary arrived one year after the
American Commissioners and took the field in
August last, the Americans being ahead Of
them on the survey. 1t was the expectation Of
both parties to reach Fort Colville, near the
head waters of the Columbia river by next spring
if the Indians do not prove too troublesome
The Indians occupying the country between
the Cascade and Rocky mountains are repre-
sented as being far more formidable than In.
dians generally, as they are more numerous,
| and are for the most part mounted and pro-
vided with excellent arms and ammunition
obtained from the Hudson Bay Company.
Their long intercourse with the Company has
likewise accustomed them to the use of arms,
and rendered them more intelligent than tribes
less favorably situated. 1t was reported that
they had routed company of 200 white men,
while the latter were on their way to the gold
diggings on Fraser river. The writer of this
letter expresses an unfavorable opinion of the
Fraser river gold washings, on account of the
| depth of water, which makes it almost impos-
sible to procure the gold.
NAVAL ORDERs.-The Navy Department has
| ordered Commander Marchand and the other
officers recently detached from tho chartered
steamer Memphis, which was condemned, to
| report for duty on the chartered steamer Can
ada, lying at New York, on the Goth inst.
Also, the following officers to report for duty
| on board the chartered steamer America (also
at New York; ON the Goth inst:
Commander, Joseph F. Green Lieutenants,
r. M. Cuyler, q. Z. Belknap, M. p Jones, III.
A. Adams; Engineers-lst Assistant, Z. S. Do
Luce; Sd Assistants, II. Snyder, j as Whitaker.
c. De Valin, F. Z. Brown; Acting Boatswain,
P. A. Chason.
Also, the following to the chartered steamer
Metacomet, at Pensacola:
1t. Commanding, VIM. H. Macomb Lieu
tenants, James H. Moore, Reginald Fairfax.
and Greenleaf Cilley.
Lieut.. j. N. Mafit has been ordered to the
Coast Survey duty.
j. Howard Rathbon, of Albany, n Y, has
been appointed a Second Lieutenant in the
Marine Corps, vice John o. Payne, dismissed.
Lieut.. De Grasse Livingston, of the Navy,
has resigned, to take effect from the 25th of
October, 1858.
IMPORTANT DEcIsIoy.-The Attorney General
has just given the following decision on the law
OF June 3, 1853, in regard to the title to land
warrants, which is addressed to the Secretary
of the Interior:
His opinion had been asked by the Secretary
OF the Interior, on the construction to be given
to the law Of June 3, 1853, which provides that
the title to land warrant issued after the
death of person who lawfully applied for it
|" shall vest in the widow, if there be one and
if there bepO widow, then in the heirs or lega-
tees Of the claimant
The Attorney General decides that
"The heirs Of man those persons who are
entitled by the Ter rel sitns to take his inherit
able real estate at the time of his death His
legztees are those to whom he has beo ed
his property by will Heirs sometimes means
children In common parance, and the word is to
be so understood in a statute when the context
shows that intention TO have been i'm the mi od of
the Legislature. But am not aware that apv
reason exists here for taking it in a tferent
from that In which II is usually and properly &C
cepted. This act OF Congress, then, vests the
land in the persons to whom the claimant NAV
have left II by will, and il he died inestate, then
II goes to his hers-that is, to the persons who
are entitled TO claim his real estate by the intes
tate laws
80 l do not see anything In the general policy
OF the previous laws which would justify us in
giving the act of 1858 struction not warranted
by its plain words 1t Is true that all the acts on
he same subject are to he construed together as
an pari mafeTia; but where the words of later
act ffer from those Of older one the later act
must prevail, and give the rule in all cases to
which IT applies"
We are not in possession of full copy of this
opinion, but have quoted one of the leading
paragraphs. The concluding sentences are as
follows:
" In reply to your propositions ! shall there
fore say:
" LIST. That a warrant issued after the death OF
a claimant ho left a wi dow and children enures
TO the widows benefit alone.
"2d Where the deceased claimant was a widow
with two sets of children, the warrant enures to
the benefit of her heirs or lcgatees.
" Sd. Heirs are those who are SO declared by
the law Of claimants domcil.n
HE WASHINGTON AQUEDUCT.-A day or two