rr "THE PUBLIC GOOD SHOULD EVER BE PREFERRED TO PRIVATE ADVANTAGE." Volume 3. Lincolnton, North Carolina, Thursday, December 2, 1847. Number 52. PRINTED AND PUBLISHED WEEKLY, BY TIIOiVASJ.KCCLES. Terms. Two dollars pei annum, payable in advance; $2 50 if payment be delayed 3 months. A discount to clubs of 3 or more. Advertisements will be conspicuously insert ed, .i $1 pei square (14 lines) for the first, and 25 cents for each subsequent insertion. Lincoln Business Directory Court Officers Superior Court--F. A. Hoke, clerk. Equity W m. Wil liamson, clerk. County court Robt. Williamson, clerk. VV. Lander, Soli citor, it S Johnson, Sheriff. Caleb Miller, Town Constable. Register, J. T. Alexander ; County Surveyor, J. Z. Fails ; County Proees ssioner, Ambrose Costlier. Trustee, J Ramsour. Treasurer Public Build ings, D. VV.Schenck. Building Committee J. Ram8ot'.r,P. Suromey.John F Phifer, and H Cansler. Lawyers Haywood VV. Guioii,na.n st. one door east. L. E. Thompson, main st. east, 3d square W. Lander, mam st. eBst, 2d square. V A McIJee, and IV. Williamson, offices at Mc Bee's building main st. 2d square, east. Phy 'xns Simpson & Bobo, main at., wet. D. VV. Schenck, (and Apo thecary, main st. iwo doors east. E. Caldwell, eat of Female Academy. Z. Butt, office opposite McLean's hotel. A. Ramsour notanir mainst. west. Merchants-Men S Johnson, north on square, west corner. J. A Ramsour. on square, north west corner. C. C. IIenderson,on square,(post office) south J. Ramsour iy&jii,main st. 5 doors west. R E Johnson, on square.south west cor tier main st. R lleid, on square.soulh east corner. IJoke & Michal.on square Booty Shoe Hat Store Horatio Tnomson, main st., on 2d square, west of court house, north side. Academies Mnle.T J Sumner; Fe male, unoer the charge of Mr Newson. Hotels Mrs Motz, s. w. corner of mam st. and square VV. Slade, main st. 2d c-irner east of square. A. A. McLean, 2d corner, west, on main st. B. S Johnson, north west, on square. Grocers VV. R. Edwaros, main st. east of square. Jmies Cobb, so. east corner of Main and Academy st. Tailors Moure & Cobb, main St. 1 door west of square. A Alexaiidei, on square, s. by w. si:e. Watch Maker and Jeweller ('has Schmidt, main .st. 4 doors east. Saddle and Har ness Makers J. T. Alexander, main st. 2d corner east of quare. B. M. dc F. J. Jetinn, on eq., north by west. J. Ad. Jetton, south west on square. Coach Factories Samuel Lander, main st. east, on 2d square from Court House. Abuer McKov, main st. east, on-3d square. S. P. Simpson, street north of main, and n. w. of court house. Isaac Erwin, min St., west,' on 2d sq. James Cornwall, main st. 2d square, w. end, south side, corner. A. Garner, on main st. east end. Blacksmiths Jacob Rush, main st. ': 5lh corner east of court house. M. Jacobs, main st., east end. A.Delam, r mainst. near east end. J. Bysamie.r, ' back st. north west of public square. J. VV. Pay sour, west end. Cabinet Makers Thomas Dew & Son, main st. east, on 4th square. Carpenters, $fc. I) oie! Shutord, mam sr., east, 6th corner from square. James Triplet:, mam st. M'Bee's build ing. Isaac llouser.mam st. west end. Welis, Cuiry & Co. main st. eat end. Brick Masons Wili's Peck, (and plaisterer) main st. east,4th corner from square. Peter llouser, on east side of 6treet noi ih of square. Tin Plate Worker and CopperSmith Thos. R. Shuford, main st. east, on south side nr 2d square. Shoe Makers John lluggins, on back st. soutii west of square. Tanners-Pdi Kistler, main-st. west end J. Ramsour, back st., north east of square. F & A. L Hoke, 3-4 mile ' w ?stof town, main road. fat Manufactories John Cline, n. from puoiic square, 2 doors west side of st. JohnButts & son,on square, south side. Printers T. J. Eccles, Courier of fice, 5 doors north of court house, Is! and Ford" road. Oil Mill Peter and J E Hoke, one milesuoth west of town, York road. Paper Factory G. & R. Mostcl or, 4 mi!e3 south-east oleourt house.. Cotton Factory John F. Hoke & L. D. Childs, 2 miles south of court house. Vesuvius Furnace, Graham's Fore, Bievard's, and Johnson's Iron works, east. LimeKiln Daniel Shufbrd and oth ers, 9 miles south. Letters for trie above to hp. rtftrlrtssrrl to the Uncofnwn Post Offiee., WHE I AM CJOIfE. Air Longi Long ago. Ramble the hills where in youth you did stray, When I am gone, when I am gone ; Visit the place where we oft net to pray, When I am gone, &c; Think of the Parents who taught us to .say "Protect U9 oh! Father and guide U9 the day," But shed not a tear for your friend far a way, Wrhen I am gone, &c. Shed not a tear o'er the place where I lie. When I am gone, $-c.. Let not the slow-tolling bell make you sigh. When I am gone, &c. Weep not for me though at my grave you should kneel, Jesns has died all the faithful to save: Think of the Crown all the ransomed shall wear, When I am gone, -&c. Plant ye a tree that may wave over me, When I am gone, &.c.; Pause and rejoice if the green spot you see, When I am gone, &c; Pause if you pass on the calm cool of day, Come, while the eun sheds his last g-olden ray ; Sing and rejr-ice that I thus passed away, When I arn gone, when I am gone. From the N Y Com Adve rtiser.lfhh inst. Horrible Story of Shipwreck. Yesterday .e published under cur marine head a deplorable account,ofa shipwreck, given by survivors from the wreck of the schooner Caroline, Capt W'm Sn nh, bound from Savannah for Bath Captain Smith arrived at Boston yesteiday morning, and furnished the following to the editors of the Travel ier. Captain Smith states that ho left Tybee Light, mouth of the Savannah River Oct 24th. On the 26th, took a heavy gale of wind romN E and sprung a leak, in lat. 32 43. ion 77. Laid to all that day. At 7 P M was thrown on her beam ends but on cutting away the weather lanyards she righted. On the 31st, spoke barque Isaac Mead, Brown, from Savannah fur New York; the barque laid by us from 7 A. M to 4 P. M., but a tremendous sea prevented them from rendering us any assistance. Our provision and water were all stored in the trunk cabin or deck, save one barrel of water in the run. By the dis aster, both provisions and water were carried over board, save that below, which was impossible to get at. Thus we were without food or drink. Our only shelter was one berth, which re.Tained of the cabin on deck, the hold being full of water. Three days after, Henry Hughes, one of the crew, went on deck and was never seen afterwards; he was probably washed o ver board. On the 3d inst we caught water en ough fniti rain to last twenty-four hours. From that time to the 10th were totally without water or food, and began to fee! as if death was very near us. The gale had lasted 8 days. VVe had nothing to eat for ten, or to drink for six days. VVe then began to discuss the question of drawing lots to see who should suffer death to save the lives of the others. It was agreed that we should use sticks. VVe drew, and it fell to the lot of an Irishman, named Charles Brown, who fiad S. D. marked on his arm. He was a largo athletic man, weighing a bout 157 or 180, had shipped at Savan nah, and was unknown tc the rest of the crew. Ho alone was armed with a 6healhe knife, which ho drew, and declared he would plunge into tho heart of the first one who approached to carry out the fatal chance. Upon this the captain re tired to the cabin, saying he would have nothing more to do with ihe affairyhink ing that they were all near their end. At this moment a boy named Elughie Rose, of Bangor, Wales, aged 16, 6poke 'up and said that the youngest should die first; this free will offering was about to be accepted by Brown, as the captain with the boy went into the cabic. Cap tain Smith states, that as he threw him self upon the berth his eye was attracted to a handle sticking up near, which he thought belonged to an adze. He told the boy to fetch it, and it proved tc be an adze. Thinking that something wrong was about to be enacted on deck, be followed the boy when he returned, and saw the boy seized round the waist by the now desperate Brown, with the in. tontion of makiag him the victim. At this moment the captain states that ho felt gifted withextraordinary strength, stepped forward and drove the adze twice into the head of Brown, and he fell dead upoo deck. It is supposed by Captain Smith, from the fact that SD was marked upon the arm of Brown, that he shipped under a feigned name. IJe was about 35 years old. . After he was dead the Captain bled and dressed him. His flesh was partly cur into thin strips and laid upon the deck to dry. But the crew did cot hun ger for food, water being their chief de sire. His blood was used for drink un til the morning that they were taken oifF, when about a pint remained, which had turned black. On the morning of the 13th, early, three vessels hove in sight, one of which, the brig Tampico Capt Brown, bound from New-Haven for the West Indies, took olTthe three survivors viz: VV illiam Smith, cf Biddeford Maine, the captain, Horace Smith, of do., the mate, (Iugie Rose, of Bangor, the boy preserved from death by the action of the Captain.- The two former were transferred to the Br schr Splendid, and arrived at Phila- delphia, as stated in the other article. The boy was retained on board the Tampico, the captain promising to take care of him Capt Smith states that if IJrown had submitted quietly to his fate, they would not have had the heart t have killed him ; but he did not think it right that ihe boy running one chance for his life, could after all become the victim, and he appears to think that he was suddenly gifted with strength to s;ive him. An idea may be formed of the near ness of death to this unfortunate crew from the fact that the captain's feet and his nails both turned black, and his nails have not as yet obtained their natu ral color. The blood of Brown pro bably saved their lives, as they subsis ted un it two whole dys. The Caroline is a total loss. She is insured at the Neptune office, in this city, for $5,000. No Land like America. The Hon Mr VVinthrop, of Boston, who has re cently returned from Europe, addres sing a political meeting in Faneuil Hall, last week, said. " He had recently returned from oth er and distant Idnde. He had stood in the halls of world-wide-renown; he had stood in the hall where Chatham fell dead, while vindicating,in burning words of eloquence, the cause of the American colonies and of American freedom. He had been at Runny mcde, where the bold barons wrung from King John the Magna Charta the constitution of En gland. He had stood on the field of Ban nockburn, where the Bruce won the liberty of Scotland; and on the 4th of Juiy last, amid the wild hills and moun tains of Switzerland the landofTell ho had in company with a companion and countryman, toasted once again his native and beloved land. But, amid all his wanderings, he had seen no land like his own land no hall like Faneu Hall no plains like those ofLexington and no rock like that of Plymouth." The razor strop man holding forth at the Agricultural State Fair, was thus addressed by a young man, who thought himself remarkably smart "You're a fool." Ono more left, of the same sort" said the razor strop man, pointing at Inn presumptuous individual. Description of Chapultepec. Cha pultapec having been cap'ured by the A mericans, after the most desperate resis tance ever made by the the Mexican ar my, the following account of that place cannot fail to prove interesting: ChapultBpec is the Aztec for "Grass hoppers Hill." it is a porphyritic rock, rising near the former rot-rgin of the lake that surrounded the city of Mexi co, and is one cf the places designed by the Aztecs where they tarried on emigration from the north in search of a final resting place. Their oracles had foretold that such a resting place would be denoted by their seeing an eagle devouring a Berpent on a rock, and at Chapultapec this prediction wa9 verified. From it they beheld the eagle on one of the rocks in the lake, devouring a serpent. The event was at once symbo lized on thfr flag and coin of the nation. The bill is surrounded by a belt of noble cypress tree3, one of which, known as Montezuma's cypress from having been planted before or during the reign of that Prince, measures fifty one feet in circumference. Chapultepec was the favori.'e country residence of Montezuma and his cour tiers. It contains remains of gardens, groves, tanl;9 and grots, which bar ev idences of it past magnifience. Here Montezuma retired from the heat and dust of the city to enjoy all the luxuries that wealth and power could procure, or art devise. It was selected by the Spanish Viceroy as the most beautiful place in the vally of Mexico for a royal residence, and the modern palace (late ly a military school) was built by the Viceroy Galvez. Prom this nalAceone has a charminjr j view of the whole valley, the capital, the lakes and volcanic mountains which rise in the distance like a great wall sur rounding the enchanting picture. In An glo S.ixon hands thi valley may be made aa impregnable as Gibralter. Bombs or cannon planted on the hill of Chapultepec command the city, the principal roads and the aqueduct Hence the attack and capture of that point by General Scctt, before making any demonstration upon the city. Once on the hill, the taking of the city could be effected without serious loss of life. Com Stockton and Gen Kearney The St Louis Republican of the 5th inst, contains a letter from Com Stockteo, in vhich he positively denies a statement which has been published in most of the papers of the United States, that he was not "Commander if Chief" of the United States forces in California on their march from "San Diego" to the "Ciudad de los Angeloue," in January last. His letter is accompanied by a letter published by him in California in March last to the same effect, and sus tained by statement signed by a number of army and navy officers. Lieut. Archibald VV Gillespie, in his endorse ment of the fact, says, that he carried orders from Com Stockton as commin der in chief to Gen Kearoy, and thst during their march from San Diego to the Ciudad de los Angelos.Gen Kearny told him himself, that he recognized Com. Stockton as Commander in chief. The Republican also gircs the sub stance of a conversation with tho Com. modore, in which he tsgrted that Gen Kearny declined to take the proffered command on their march from San Diego," asserting that jie would rather serve as 6ecnd in command, and havisg previously offered his services to him as aid. When the Commodore arrives at Washington he declares it to be his intention to demand a full investigation, which will doubtless add to the interest of the Fremont trial Baltimore Strti. " Young woman," said the Rer Dr Befecher, "whenever you see a young man niblir.g at cloves or nutmegs, on entering a church you may safely say that youth has taken a dridk." True, nine cases ojt cf ten! Kew JLa.7 Dictionary. Actios. Actions are of two kinds, civil and criminal. To MitVyour neigh bor's note at the bank is a civ?I action, and a heavy offence against the laws of decorum and gravity. It is a rule of law that mcit personal actions die with the actor, as where one by accident or design, blows out his -hrief candle with a pistol or other summary ex tin guisher.' It was anciently held that -ell real actions survive the person," but thi doctrfne wag somewhat modified by Chief Baron Shakspere, (Jul. Cses. Act 3, Sec 2) wbo dietinctly affirms that the rule is only applicable to actisns of a ro. prehen3ible character or "real bad actions, The Evil that men do, live after them, The Good is oft ioterred with their booes' "Obstructing one's ancient light" is a ground ot action; but for obstructions of the liver," a legal remedy has , been advised, which seems an unaconntable o mission of the law. If a man sells a horse and warrant him to be a "good fun to go, "and it turns out tint the beast has "no action" to support the warranty, the warranty will support an action. Actt of Agents, It is a maxim of the law, Mqui facit per alium, facit per se," which means that when one pro" curea another to do a certain act, he cannot shift the responsibility upon the agent, but must "face it himself." Aisumpsit from assumo signifies any promise to do or to pry; 4, Co Lit. 1)2; and the promise ned not be exprots, but may be intended or implied. Thus., if one wrongfully take my horse, I am at liberty to icaiv th tort, i. e. lay it aside by n graceful motion to tho court, and sue in assumpsit. For the law in tends that the thief proraiesd topy mo for the horBe, which inUMidment, since the rogue intended no such thing, is vary kind ri thoavr. This however is a matter of fiction to which the law is extremely partial. See Novels of Jus tinian. VThenever indebtedness is shown, the law presumes an assumpsit or promise to pay. IndctJ, the presumption of the law (as well as that af ihe lawyers) is ex cessive, and sometimes manifestly ab surd; as where the law presumes that e very man is master cf his own wife for which violent presumption it has been recently htU, (in re Bumble et ux or Oliver Trist.) "that tho law is aa ass." Where monsy ij paid by mistske, (which ie not comrson, tha mistake gen erally consorting in noa payment) as sumps it lier, and provided the adverse witnesses do not lia alio, the plaintiff will recover bc3h his Money. But it is now settled that where ono pays money to a public charity under the mistaken notion that the dntticn would be pub lished in the Catetto, assumpsit will net lie to recover bee; the money. Attacht.:r.i "An atiachmtnt,"saitli Lord Coke, --ie a cornpurtry process to bring s mm in court," and herein it manifest the mercy cf the law, which confine. this arbitrary po-rsr to the dis cretion of ttics and learned judges, who will not lightly isue ttio process at the instance of impellent widowa and deeper, ate spinsters. It is note-wortLy that in the Court or Cupid cttachcent should regularly pre cede tbe'dechration.'whibin the King's bench tho contrary is the usual prsctice. As to the grouzi of attachment in the former court, tho rule rserat to be une qual nou uncertain. A manor in some caM has been held "sufficient ground" for a very strong attachment, while in others, all the manners in the world vould hive been displayed to no pur- nose. Tall TWe.-There are treea so tall in Missouri that it takes two men arxf a boy to look to the top of them one lookf ' till he gets tired, and aaotbtr tomaxerj( ces whefe ho leftcJL

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