THE CONSTITUTION ASD THIS UNION OF TUB 8TA.TES--TIi:EY MU8T BE PRESKRVED."
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IMLEIUII, ft, C., WEDIVtiSMy, WtCEl 17, 1847. ;
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niaV not De ttended
SPEECH OF MR. COURTS,
OF ROCKIN8HAM,
Delivered in the House of Commons of the Gen
eral Assembly of North Carolina, January 7th,
1847 On the Preamble and Resolution appro
priating $10,000 to the Volunteers from this
Slate, and pending his motion to strike out the
Preamble and all after the word iRcsolved,"
and insert, in lieu thereof, the following: "That
the sum ot 9io,uuu oe, ana tne same is nereny
'appropriated, out of any moneys in the treasury
'not otherwise appropriated, to defray the ex
'penses of the Volunteers now called for from
'this Stato by the President of the U. States."
Mr. Speaker : Having just occupied the at
tention of the House upon another subject, my
apology, if any be necessary, for throwing my
self again so soon upon its indulgence, is to be
found in the importance which I attach to the one
do'.v under consideration.
The resolution proposing to appropriate the
sum of ten thousand dollars in aid of the volun
teers now called for from this State, meets with no
opposition from any quarter; indeed many of us
would prefer the appropriation of a larger sum.
But to the preamble prefixed to the resolution, and
which declares that this war has been brought on
bv the action of the Executive." I am unquali
fiedly ortDosed ; though I know, Sir, from what
has already taken place here, that it is the purpose
of the dominant party in this House, not to agree
.... . .- ,1
to dinde trie question to separate tne preamoie
from the resolution, and allow us to vote separate- j
Iv upon them, by which the democratic members j
1 . ..." " I
migm exp
iirht express their dissent trom the one ana their
approbation of the other but that we shall be re
quired to vole upon them as a whole. Sir, the
introduction of "party politics upon this subject
at all is certainly to be deprecated.
Uncp ihi amendment which I offer as a Sub-
- . ! 1. I .
Etituie Simply proposes nn :ippiupnauun uiujouijUj" mruiunrui uw v. .... ..
the slightest mrlv caste about it. It does not call eracy to put down their free government at the
on gentlemen to compromit any of their political ; point of the bayonet. They yielded one after an
opinkms. 1 consider th ground on which we jollier, until he came upon our countrymen in Tex-
are now treading too sacred to bo invaded by the J as ; here he encountered the Anglo baxon blood,
dpmon of party spirit ; and I invoke gf-nth men to no craven spirits they for they determined that
elevate themselves above its irontracted influence, j the time had come when they must decide between
and to embrace within their afT clions on the pr s slavery or death, and they nobly preferred the lat
ent orrn;ion not their party only but their country, ter. Then, Sir, was carried on a war, which, on
nnd their whole country ; to leave for a future the part of Mexico, was mirked by more than
occasion the discussion arid settlement of domestic savage barbarity. I have noutime to rrfs'rt. 'J
difference?. It is high time that th- whole coun- shocking history. Finally, the day arrived which
try was united in one sentiment and in one action was to decide the ate of Texas. These gallant
upon the subject of this war, and was presenting an spirits undaunted by the fearful odds against them,
undivided front in its vigorous prosecution. Mexi-jmet their ruthless invaders on the memorable
ro has alrradv been counting too long upon our 6i-
vuions here. And ii we would nut an end to tne
. . - -' . . mm
effusion of human blood, and to the heavy drain
which is now going on from our Treasury, we
must address ourselves to her fears; we have
hf retofore tried, without fleet, appeals to her sense
of i'lMice. and to her feelings of humanity. And
vh;it is the reason given for connecting with this
ri solution the expression contained m me pream-. nnu wuvn wc -wmmus ...
lie that this war has been brought on " by the nc-.' 1819, and that it was acknowledged by the
lion of the Executive"? I's fiiends tell us that 1 respective governments is placed beyond cavil,
thry lnve presented it because the democratic par-j The idea that the Nueces, comparatively an
ty in Congress, at ihe beginning of this war, in- insignificant stream, is or ever was the true boun
troducrd a resolution declaring that it existed by dary, is nn afterthought got up for party purpos
the act of Mexico, and that the whig party were es, and is at variance with the record-d history
required to vole for it contrary to the convictions : of the country. But it was agreed when lexas
of some of them of its truth. - was annexed to the United States that the ques-
l shall attempt to show, before I get through, lion of boundary should be settled by the United
that the cases are by no means parallel. But ad-. States and Mexico. I know of but . two mode-s of
mil. Sir, for a moment, thatih. y are, then the whig settling questions of disputed boundaries between
, . i i
parly
u l. ..Knrnv.i f fio.f itpam m.
ucit; suuiim u - uciicijii. a vt ui' ii fi,jo .
a. . .., 1.1
- - n i
.UtlClCiril. y III IIUIWUULIII III ICj -lVl 14it I , III - I
tones of denunciaion against the democrats for the ' ernment proposed to settle all questions in dispute
introduction of the ether have die d away upon our "between us by the peaceable mode of negotiation,
ears. They must admit ciiher that they have And Mexico after agreeing to receive from us a
been insincere in these denunciations, or that they minister, rejected him under circumstances calcu
nrc capable of doing themselves what they have ! lated to offend the pride of every American citi
dcclared was criminal in others. One horn of zm. She refused to treat wilh him upon th(;set
this dilemma they are obliged to tako. jilement of the large and long outstanding debt,
But, Sir, the cases are not parallel. The whig . which she owed our citizens for spoliations upon
party in Congress were asked to vote thatthis war ; their property by sea and land, and for which
was the act of a foreign. Goverment, the history ' President Jackson and committees of Congress
of whose course towaids us has been notoriously ; had declared we had just Cause of war against
one of insults to our flag, and of aggressions upon i her. Yes, sir, though our countrymen nad aided
the rights of our citizens, and at whose hands, her in her struggle for freedom ; and though we
evm distinguished whigs have admitted, that we j were the first to acknowledge her independence
suffered more in the last fifteen years than from and to extend to her the hand of fellowship, she
.11 pi..: a 1 :,i Lirk.i. ihp Amn. h.ir! returned our kind sympathies by oft repeated
.nncictnn... nt.nHninn Ihi. hnfnrn Ihr.ir llllll
u VUl laitllUUIII V siuta. .ni ' 1 .
cratic nanv in this House, are called upon to vote,
contrary to our honest convictions, that it has been our citizens. Would the President nave oeen
brought on by the head of our own government, true to his country if he had allowed these ques
and to nroclaim to the world that the solemn lions, so naturally connected together, to have
declarations of our own Congress and that of our
- t I
own President upon this subject are false.
Ye s, Sir, adopt this preamble, and it will be pro
claimed from the house tops ; it will be published
in the Gazettes throughout this Union aye, Sir,
nnd even in Mexico, that North Carolina, the
Southern Stale of steady habits, is hurling back tho
assertions of our President and our Congress upon
this subject as untrue, and that she is taking ground
upon this war not for the country, but against iL
k't me not be told that tho appropriation of ten
thousand dollars forbids such a conclusion. WTho
Mr. Speaker, that reads that preamble can avoid
the conviction that the money is given most grudg
ingly, and more designed to save appearances than
to give a hearty support to the war? But it may
be s.iid that we can avoid aiding in this by voting
?ainst the preamble and the resolution too. Ye3
Sir, I am aware that we can escape the censure
of aiding in fixing this stain upon the Slate, by
voting against the preamble, if we will consent,
by voting against the appropriation also, to have
our names held up in all future time by ourene
fties, not only as traitors to the adminstralion
wbich we profess to support, but as traitors to our
country for having refused to vote a dollar fo the
support of the war in which she is now engaged.
U is plainly the object'of our opponents to- force
us, ii they can, either to sanction the preamble or
to vote n gainst the appropriation. The preamble
is calculated to dampen the patriotic ardor of our
citizens at the time when our State is called
upon for volunteers. Its adoption will place her
in a false position before the world, and one that
is utterly at war with her lormer history, one
has always been among the foremost States of the
Union in maintaining the interests and in bearing
aloft and in triumph the flag of the country. Her
sons were the first in revolutionary times to declare
independence ; and throughout the late war, North
Carolina, leaving for other States the unpatriotic
work of sanctioning expressions like those con
tained in this preamble, declared we "had our
quarrel just," and while rallying her brave sons
to the conflict bade them be found
" True to the last of their blood and their breath.
Descending like reapers to the harvest ot death."
Sir, "I do not design the slightest offence to any
member of the whig parly when I denounce that
preamble, as I believe the great body of the pen
pie will finally characterize it, as infamous. And
I invoke gentlemen in a spirit of kindness and in
the name of North Carolina, not to press it; for
I really believe its adoption will be a foul blot
upon the State.
Now, Sir, in order to show that the charge pre-
ferrd against the President is without foundiition,
, the House will, I hope, pardon me for touching
'briefly upon the causes which have produced the
Dresent state of things between us and Mexico.
It is matter of history that soon after the suc
cessful revolt of Mexico from Spain and in that
revolt she was aided by the valor and skill of some
of our citizen's she invited our countrymen to
leave the United States and to settle in Texas ;
and to induce them to do so, she held out the
strongest allurements. She not only promised
them land without charge, but guaranteed to them
a form of government similar to that under which
they had been reared. 1 will not detain theHouse
by advening to the reasons which have been as
signed for this course on the part of Mexico, but
I think not among the least of them will be found
her dread of the Camanche Indians, and a hope
to interpose our countrymen as a shield between
her and them. Her flattering promises, as might
have bpen expected, were found sufficient to tempt
many of our citizens to leave the graves of their
ancestors and the homes of their childhood, and to
take up their abode in the country to which they
had been invited. At fiist the pledges that had
been made them were redeemed, and, for a time,
. . ...
they were. nappy in tneir new nomes ; oui soon
their sky was overcast by a cloud soon was prc-
iseniea 10 meir nps mm cup ui mwn"" -iv,
nnd cruelty of which they have since been made
to dunk to the dregs.
In a short time Santa Anna had himself declar
ed dictator, nnd uniting in himself all law, civil
and military, marched at the head of an armv
. . 1-. A A . PT - n-it CinlM tVia 1 UTIin gttftf
plains of San Jacinto. I ney vanqu snea
the
Mexican army with Santa Anna at its heaa, ana
. t
made thern prisoners.
A treaty was then made, acknowledging the in
dependence of Texas, and establishing the Rio
Grande as the boundary of the two governments.
Mr. Speaker, that this was the ancient boundary
of Texas when we derived it from Fiance in 1803,
I I .. ... rA . ttuan it tn Sntiin in
iitturpnr nnnnns dv netruiiiiuuu. im.u " mu.u
- - j c
. I . r
Our Gov-
inA IIIOSI USUU . IIIIUUV UI1.C UI atlllia.
. I M I mt Ia.aA Al V m M
1 - , p
J insults to our national flag and by the plunder ot
I J : .fr.H I K. n Almms nl nnr (niiniru-
oeen uiscuiiui wni ciiji nib wiuiii j
mn in have been nasscd over in silence by her ?
Hud he done so. we should have heard loud and
indignant tones of condemnation from his present
accusers. And yet he was unwilling to proceed
to extremities against her. But while this nego
tiation is going on, Mexico is marshalling her
forces and preparing for that war which she bad
denounced against us if we annexed Texas, though
in that act we but carried out the principles pro
mulgated by our forefathers, and which they con
secrated, by their blood. In the meantime, Con
gress, by the establishment of a custom-house at
Point Isabel, had thrown our laws over the dis
puted territory. , And while Texas calls on us to
repel her invaders, Mexico marches her aTmy on
this side the Rio Grande nnd attacks the Ameri
can forces. This was but carrying into execution
the threat she had made in the event of annex
ation; and whih that was the act of Congress,
and not of the President, yet gentlemen say the
latter has brought on this war. Sir, war against
us had been settled on by that power before our
army left Corpus Christi, which is acknowlcdg
AUr within thn TVci:n boundary.
On the 12th of last March, the Government of
Mexico declared that the only alternative left it,
ivas war against the United States: and our armv
did not leave Corpus Christi until the 11th, Will
it be pretended that the news of this movement
could have reached the City of Mexico in one
day? And before Gen. Taylor had been at Mat
amoras seven days, orders were m"wpn hv the
Mexican government to her Generals, to attack
the American forces, when the fact of Taylor's
arrival could not have been known at their seat
of government. But if the President had gone
even farther than he has in this matter, I think the
Whig party in this House might abate a portion
of their wrath by adverting to a period in the his
tory of Mr. Madison's administration. - Tbcy have
certainly forgotten the famous dispute about boun
dary between this country and Spain, while Flo
rida belonged to that nation : and that pending the
discussion between her and us upon that subject,
the prudent and cautious Madison took forcible
possession by our army of two points within the
territory claimed by her, and that bis foremost de
fender on the floor of Congress in his triumphant
vindication from theassults of his enemies for that
step, was their late candidate for the Presidency,
Henry Clay.
Gentlemen in their eager desire to fix the cen
sure of the public upon the President, involve
themselves in a palpable contradiction. While
they tell us on the one hand that from mere hatred
to the people of Mexico, he has, even in violation
of the Constitution which he has sworn to sup
port, precipitated us into a war with them, they
(ell us on the other hand, that he has shown too
much friendship for Santa Anna, the leader and
master spirit of that nation, in not preventing hi3
return from exile to Mexico. It is for them to
reconcile, if they can, such inconsistencies. Sir,
if the enemies of the President in the United
Slates had displayed the same zeal to aid him in
the defence of the interests and honor of the coun
try, which they have to clog and embarrass his
administration, thi3 war would have been now
terminated, and Mexico would have made atone
ment for the past and given pledges for the future.
But I believe he will at last, in spite of opposition
at home and abroad, bring us well out this con
flict ; that the approbation of his countrymen
awaits him; and that his name will be ranked in
the future history of his country among its great
est benefactors; while many of his revilcrs
"Doubly dying will go down
To the vile dust from whence they sprung
Unwept, unhonored and unsung."
But we have been often told in this House that
the democratic party is now nearly prostrated, and
that the future holds out to it no dawning of a
belter day.
These predictions have no terrors for me. I am
not speculating upon the future I am not calcu
lating the chances whether the party to which I
am proud to belong, is to go down or be in the
ascendant I have stood by it in sunshine and in
storm, nnd expect to abide its fortunes through
weal and through woe; and if the sombre picture
of our enemies .shall be realized, and the party
shall become utterly prostrated, some of us will
have the proud consolation of knowing that upon
this important question at least, we have obeyed
the patriotic injunction,
"Let all the ends, thou aim'st at, be thy country's,
"Thy G -d'8, and truth's; then if thou fall'st,
"Thou fallt a blessed martyr."
The Standard has
his selection of a till
m e an admirable hit in
iuf the pompous Uaptain-.
General" of North Caiolinaeditori.il whiggcry commanded by heights. The road passes through
Puff Master General." Who that read the Re- . puebla. The Pueblat.os have a peculiar charac
gister last winter will not be struck with it? But, 1 tcr . tney are cunning and couiageous, and the
through anxiety to see this lummary of our day j mosl expert robbers and assassins throughout Mex
and profession rewarded with a full measure of j jCOj where there is no lack of such. If an oflen
eleserved fame, we suggest the addition of " Manu- (der is brought before an alcade, any where else,
facturer in-Chief" to his titles, which well-earned jand is fcnown to be a Pueblano, his condemnation
desert the Standard overlooked; cerles he is js $ure.
entitled to it, for who in this or any other age I Cordova. A small walled and garrisoned town,
ever did manufacture great men out ol smaller
material, or more oj inem, man mis samn - x-uu- lhe ioad is good till it reaches the mountain of
Master General ?" He not only recounts in set Cordova, about midway between the former and
phrase of striking signification the renown of the :lne city of Mexico, where the ascent is very rug
great Badger, "born listening Senates to com- ged and steep, though without defiles. Near the
mand " nnd Navy whiskers to curtail, but with a J rond, at the foot of the mountain, passes the Rio
lift of his fame-dispensing pen raises others who; jTj0 or'cold hver, which rises in the neig-hbor-
were neither " tjorn so great, nor nave acniev-f
ed " so much greatness by whiskers or otherwise,
into enviable distinction.
In all this too, it is particularly to be noted,
with what dignity and decency of style the work
is done: no extravagant bombast and fawning
flattery of friends no vulgar abuse and low
"nicknaming" of opponents! All manly praise
and courteous remark. YH may the Standard
point to the columns of the Register as a pattern
for lhe lesser Whiggies.
The Standard's article next week.
Salisbury Journal.
The Standard says that when the nomination
of Major Caldwell and Capt. Davidson was sub
mitted to the Senate for approval, Mr. Mangum
asked the Senate in a public speech to reject the
nominations. Thus is parly the ruling principle
with a North Carolina Senator under every cir
cumstance. The ridiculous position of Mangum
and Gales is this the latter through a corres
pondent accuses the Mecklenburg boys of " back
ing out," while Mr. Mangum tries to back them
out, unless they suffer themselves to be led by some
of the Mexican Whig party !
Lincoln Courier.
Mr. Benton. This gentleman, recently so fault
less to the federalists, for his course on the Oregon
question, is in great danger of once more losing
their high favor. It is wonderful how soon a lit
tle thing obliterates or restores the prejudices of
our opponents. They forgot, lor instance, all tneir
ancient and recent objections to Mr. Benton even
his expunging resolution nnd his hard-money pro
ject the moment he went for the forty-ninth par
allel, and not only forgot these things, but saw in
the man whom they had depreciated for years, a
statesman without spot or blemish. But since the
stern old Senator has taken his present bold stand
in favor of the war and the honor of the country,
they regard him but as the victim of his passions
or his ambition, and as by no means what ne was
cracked un to be! If this ridiculous inconsisten
cy does nothing else, it should show the people
how much Federal praise and censure is exactly
worth. jYennsyivanian,
Our Prayers. God looks not to the oratory of
your prayers, how elegant tbey may be, nor at the
geometry of your prayers, how long they may be,
nor at the "arithmetic of your prayers, how
many tney may De, nor ai in ioic ui jum
prayers, how methodical they may be ; but the
sincerity of them he looks at.
Brooks
v From the N. Y. Commercial Advertrser.
APPROACH TO THE CITY OF MEXICO1.
If a march to the Mexican capital, from Vera
Cruz as the starting point, is determined on by
the great military sages at -Washington, we have
an interest in knowing what is to be encountered
on the road. The following itinerary, as it may
be called, has been made up fiom authentic sour
ces, and is believed to be accurate.
Vera Cruz. The' city of Vera Cruz is walled
rouud, with a fort at each extremity of the water
front; the walls on the land side are loopholed for
musketry. Parapet guns have been recently mount
ed on the walls. The city walls are very thick,
of coral rock; the walls of the houses are usually
2-1-2 feel thick, and the roofs are flat. Each
house has a cistern or cisterns of rain water. The
city is well paved.
Veia Cruz to Mexico. About ten miles from
Vera Cruz is a stream 200 yards wide, crossed
at a ferry in seows, or by swimming horses over.
The next f tream, about 30 miles from Vera Cruz,
is fordable, and is also spanned by a wooden bridge
called Puenle del Reyy (the King's bridge,) and
also the national bridge. Near it on the right is
an eminence of about 60 fect, on which is a fort,
completely commanding the approach and bridge.
Between these bridges and Jala pa the road pass
es near several heights, from which the natives
can annoy invaders on the road.
City of Jalapa. This city stands on very eleva
ted ground, yet for many miles the ascent is quite
gradual. From the city Vera Cruz is visible, as
is also the sea, ninety miles distant. The city it
self is upon a high hill highest in the centre, so
that the streets incline considerably ; so much so
that no wheeled vehicle can pass along any of
them except the main street, or road, which has a
considerable rise ad descent. The city is surroun
ded by a wall, and has a strongly built Church
near the western gate, which could be converted
into a citadel. The streets are paved. The hou
ses, as in other Mexican towns, are of stone, with
flat roofs and iron barred windows. Opposite the
city, on the tcfi of the road, is a hill, from which
the road might be annoyed and shells thrown into
the town. For the distance of six or seven miles
before reaching the town, the road is a handsome
and substantial structure of chequered pavement,
and must have been very costly.
Perole. At the base of a high mount, beaiing
the same name, some distance from the road on
the lefi, is a cluster of houses, with a Church,
called Perote.
Castle of Perote. Opposite, on the right of
the road, and commanding it in every direction.
stands the castle. It is upon a flat sandy plain,
strongly built of stone, and encircled by a deep
dry fosse or ditch. .The main entrance is by go
ing over a chevavx de frize by a stile, descending
some twenty-five or thirty stone steps to the bot
tom of the fosse and crossing it to the gates, which
are on a level with the bottom.
City of Peubla. This city is walled and forti
fied. It is built of stone and the streets well paved.
Contains about 100,000 inhabitants. Here water
is abundant, but from the national bridge to this
city no water can be obtained the natives substi
tuting pulque as a beverage.
From Jalapa to Putbla there are occasional
heights near the road, which, if fortified, might
annoy invaders. In fict from Vera Cruz to Peu
bla this is the case the travel being alternately
over broad, unobstructed roads and narrow nasses.
through which the load passes. Beyond Peubla I
,ng mountain of Popocatepetl, 17,000 feet above
the level of the sea. A work on some of the
heights of Popocatapeil would command the road.
After leaving the mountain of Cordova the road
is good and unobstructed, with plenty of water to
the city of .Mexico. For several miles before
reaching that city the road is delightful, passing
between parallel canals and rows of Lombardy
poplars.
The lake of Tetcuco. This lake commences
on the right of the road, near the city, into which
its waters are carried by a canal, the latter serving
also to drain the gutters, &c. "into the lake. The
so called lake is a large, long, nnd very irregular
shaped basin, shallow, and contains numerous
small islands, and covered by myriads of wild
ducks. The depth of water varies wilh the sea
son ; in the rainy months the basin is filled, and
then it assumes the appearance of a large lake.
Being the receptacle of all the drainage from the
city it is very filthy. The canal from the city
passes through it, fed by its waters, five or six
miles in a south cast direction to the small fort of
Chalco, at the extreme margin or the basin in
that direction. This canal is used for transport-
ins produce into the city, and for pleasure excur
sions in gondolas, &c.
Cifv of Mexico. Like all other Mexican cities
this has walls and houses of stone, with flat roofs,
&c. It is well paved; a cutter four feet wide
passes through the centre of each street, Covered
by broad .flag stones, removable at pleasure. All
the gutters are drained into the canal or lake.
The city has many large and strong churches,
and other great buildings, easily converted into
fortresses. If its walls were repaired and mount
ed with cannon, and well garrisoned, it could
make a formidable resistance to besiegers.
During the festival days, which are very nu
merous, the haciendas for twenty or thirty miles
around send into the city not less than 10,000
mounted peasantry of the better class, most expert
horsemen. Ihey are courageous, and skutui
in tho use of the lance, the lasso, and machete,
which is a large and heavy knife. Nothing more
would be necessary than For the padres to go lorth
into the streets of the principal cities, particularly
Puebla and Mexico, elevate 'heir crosses and ap
peal to the bigotry of the population, to rally an
immense force of bold, active and desperate men,
who would make fierce resistance to an invasion
And if invaders should force their way in, assas
sinations by the hands of so many expert murder
ers would soon make fearful inroads on their
; number.
BY AUTHORITY,
LAWS OP THE UNITED STATES,
PASSES AT THE SECOND SESSION OV THE
TWENTY-NINTH COKGRESS.
(P17BI.1C No. 1 2. J
An Act to regulate the exercise of the appelate
jurisdiction of the Supreme Court of the United
. States, in certain cases, and for other purposes.
Be it enacted hy the Senate and House of Rep
resentatives of the United Slates of-America in
Congress assembled. That all nnd singular the
records of the proceedings in the several cases
which were pending in the superior courts of the
late Territory of Florida, under and by virtue of
the act of Congress of the twenty-third of May
eighteen hundred and twenty-eight: entitled, "An
act supplementary to the several acts providing for
the settlement and confirmation of private land
claims in Florida," and under and by virtue of an
act entitled, " An act to provide for the final settle
ment of land claims in Florida," approved twenty
sixth May, eighteen hundred and thirty, and in the
several cases which were pending in the court of
appeals of the same Territory, on the third day of
March, in the year of our Lord one thousand
eight hundred nnd forty-five, and all and singular
the records of the proceedings in the several cases
iu which judgements or decrees had been render
ed in the said courts on or before that day, nnd
from which writs of error could have been sued
out, or appeals could have been taken, or from
which writs of error had been sued out, or appeals
had been taken and prosecuted to the Supreme
Court of the United Stales, accoiding to the laws
of the United States which were in force on the
said third day of March, in the year of our Lord
one thousand eight hundred and forty-five, shall,
from and after the passing of this act, be .trans
ferred to and deposited in the district court of the
United States for the district of Florida.
Sec. 2. And be it further enacted, That it shall
be the duly of the judge of the district court of the
United States for the district of Florida, immedi
ately after the passing of this act, to cause the
same to be notified to the several clerks of the
- - . ,r.
superior courts, or to otner omcers or persons
baving in their possession or custody the records
of the proceedings in the first section of -this act
referred to and described, and to demand the de
livery of the same, to be deposited, as in and by
the said first section of thi3act is required ; and on
the refusal of such clerk or other officer or person
to comply with such demand, the said judge of the
district court of the United States is hereby author
ized and required to compel the delivery of the
said records by attachment or otherwise, according
to law.
Co 9 A J J.. 2t . -ll - 1 rr,!.-. : II
rAr..A ; tu"-.A - : r
...i..fii,.i.i. t...'! a Ar
appeals of the late I erntory of Florida, and from i
...ilt-k ..,..;! r u a .
wbicn writs 01 error nave been sued out or an-
peals have been taken to the Supreme Court of
hn lTnitPd State, tho ;,id Rnni, rw hnll :
be, and is hereby, authorized to hear and deter
mine the same, and the mandates of the said Su-
picnic vuuii iui iuc tictuuuu ui Hie luueHieins :
1- c , l. j 1 . J , lf V -
or decrees so to be rendered by them, and alt other
J . ,,' - .
nrpmf C,nnr for thf rTPCIitinn nf tho in,! rrnvnrntl !
ii . , ' r if . , . ,
the appellate jurisdiction of the said court in such
. J tVoii u A.. 1 . .1 a- . . e.t
cases, shall be directed to the district court of the
;i .i . . u a i
said district court shall cause the same to.be duly !
executed and obeyed.
Sec. 4.
And belt further enacted. That the
district court of the United Slates for the district of;
Florida shall take cognizance of all cases which
were pending and undetermined in the said superi
or courts, under and by virtue of the act of Con
grcss of twenty-third May, eightee n hundred and
twenty-cighf, entitled "An act supplementary to
several acts providing for the settlement and con
firmation of private land claims in Florida," and
under and by virtue of an act entitled " An act to
provide for the final settlement of land claims in
Florida," approved twenty-sixth May, eighteen
hundred and thirty; and of all cases which were
pending and undetermined in the court of appeals
of the late Territory of Floridi, and from .he
judgments or ejperees to be rendered in which writs
of error could have been sued out or appeals could
have been taken to the Supreme Court of the
United States under the laws which were in force
on the third day of March, in the year of our
Lord, one thousand eight hundred and forty fiver
and shall proceed to hear and determine the same ;
and from the judgements or decrees to be render
ed by the said district court writs of error may be
sued out or appeals may be taken to the Supreme
Uourt ol the United btates in the same manner as
if such judgements or xlccrees had been rendered
in the court of appeals of the Territory of Florida ;
and the mandates and all writs necessary to the
exercise of the appellate jurisdiction of the said
Supreme Court in such cases shall bo directed
to the district court of the Uniitd States for the
district of Florida, and the said district court shall
cause the same to be duly executed and obeyed.
Sec. 5. And be it further enacted, That in all
cases not legally transferred to the State courts in
ii4, , i . i .
wnicn judgments or decrees nave ocrn renacrca
in the superior courts or court of appeals of the
late Territory of Florida from which writs of
error could have been sued out or anneals could
have been taken to the court of appeals of si id
Territory or to the Supreme Court of the United
States under the laws which were in force on the
third day of March, in the year of our Lord one
thousand eight hundred and forty-fire, nnd in
which wnls of error have not hitherto been Surd
out or appeals have not hitherto been taken, there
shall be allowed to the parties in the said cases
the term of one year, from and after the passing of
this act, for sueing out such writs of error or
taking such appeals to the Supreme Couit of the
United States, which shall have jurisdiction to re
view the same.
Sec. 6. And be it further enacted, That, any
unfinished business, or proceedings now remain
ing or pending before the judgo of the superior
court at St. Augustine, as a commissioner under
and by virtue of the " Act for the relief of certain
tnnaoiianis or jasi Florida, approved twenty-.future uses. We placed the money nnd the seed
sixth June, eighteen hundred end thirty-four, or j as we found them, and will lake care that they ore
under any other act granting special powers, or 'delivered according to the childish rcquc.t.
imposing special duties upon said judge be, and j
the same are hereby, transferred to the judge of j Very fair. A gentleman in New Orleans
the district court of the district of Florida, to be having played an April trjgk upon his wife in
proceeded in and finished, or decided in the same ; the morning, was served up ia fine style at din
manner provided for by law; and the said district ner. H is noted for his partiality for M frit-
judge shall have, exercise, and possess, the same,
duties, powers, and rights, which have by virtue
ot the act of twenty-sixth June, eighteen hundred
and thirty-four aforesaid, or otherwise been pos
sessed and exercised by the said judge of the
superior court at St. Augustine, so far as may be
'necessary In enable the said district judge to de
termine and finish any matter, business, or pro
ceedings now pending and .undetermined before',
the judge of the superior court afbrcsafd, by vfiffre
of any such special act.
Sec. 7. And be it further enacted, That all and,
singular, the provisions of this net, so far as may be,
shall be, and they are hereby, made applicable
to all cases which were pending in the supremo
or other superior coutts of and for the fate Terrf
tory of Michigan at the time said Territory was
admitted as a State into the Union, and to all
cases in which judgments or decrees have tcett
rendered in said supreme or superior court of said
late Territory of Michigan, and not hitherto re
moved as aforesaid by writ of error or Appeal. .
Skc: 8. And be it further enacted, That in alf
casts pending in any of the supvrior courts of said
Territory of Florida, or in the court of appeals f
said Territory, on the third day of March, eigh-'
teen hundred and forty five, and not legally trans
ferred to the State courts of the State of Florida,'
and which said Territorial courts continued to hold
cognizance of, and proceedd to determine after
said day, or which are claime d to have been sinco
pending therein as" courts of the United States $
and in all cases of f dt-rul character and jurisdic.
t in commenced in said Territorial courts after
said d;iy, and in which judgments or decrees wer
rendered, or which are claimed to have brm since
pending therein, the records and proceedings there
of, and the judgments or decrees therein are here
by transferred to the district court of the United
States for the district of Florida ; and writs of er
ror and appeals may be taken by either party to:
remove (he judgments or decrees that have berrr,
or may be, rendered in such cases unto the Su
preme Court of the United States, and the Su
preme Court may hear and decide sueh cases off
such writ of error or rrppeaf, and issue its mandate
to said district court: Provided, however, Such
writ of error or appeal shall be taken within ones
year from the passage of this net, or one year
from the rendition of such judgment or decree
hereafter rendered: And provided, also. Tfiaf
nothing in this act shall be construed as affirming
or diaffirming th jurisdiction, power, or authori-
jly of the Territorial judges to proceed in or try
or determine such cases atier the third ol March,
eighteen hundred nnd forty-five, but the same may
be referrrd to said Supreme Court for its decision
in all cases oti such writ of error or appeal.
JOHN W. DAVISi
Speaker of the House of Representatives.
- GEOftGE M. DALAS
President of tho Senate.
Approved February 22, 1847.
JAMES K. POLK.
io Junior or tne aroima watchman, m
speaking of the Rayner controversy, says he has
. ,, J . ,. ' ..i . ,. .
Pad but lutle attention to the suHect, "but po iti-
' , , . . J a j ,
cal Stlemtn who resort to our office to read the
and who have watched th,? matter, are
very tree in censuring mr, Lioi
- ml m
rmsr.
I
As we had not the "political gentlemen" in our
view when wo embarked in the Rayner! enter"-
i .t e r' t
prise, nor have now the fW of ihem m our eye,
' i r J
the "censure spoken or will not be very ovrr-
whelming we expect to bear up tinder it, and
t. n .l i . V
;shall run the risk of encountering it again, should
1 i t . h r j f b . - .
may expose to public view political corruption
V ' i .i -u
una iiy jjwv.1 icjr. u lutai yi juirim II will
;. i.., t i t
, .. . ; ,
IIIWIC ClllT,!, Ull 113 III.III Iliia U Wit I UI IVilHTI uoinc
against a rock
' If they doubt this point, let them
r cue: and they shall be satisfied
give us a nrope
of the fact to their
heart s content.
Wilmington
Commercial.
Dorrism defined. Hon. John C. Calhoun, in a
rcce nt debate in the United Stales Senate said, " I
hold that wherever lhe idea is a fixod one. that the
mere numerical majority hate a right to govern,
that ihis right is holden by a SWt of divine right,
that then there is no constitutional liberty. It is
Uonsm. "
Exactly. Governor Dorr has been guilty of
the crime of rc-asseiling that the majority are en
liilcd to govern; and Mr. Citlhoun nnd lhe To
ries and Algcrihes say that the minority ought to
govern. We are glad to see this clear and pre
cise admission f'om headquarters. For on oflVncs
like - this the Aenerican people will very readily
make out a pardon to Mr. Dorr.
Providence Herald.
" Of such is the Kingdom of Heaven.u Wa
were reading, says an Exchange, the RewOrvilla
D. wey's Address to the public from a meeting in
Washington for the relief of Ireland, in the pre
sence of some children on Friday evening. In it
this sentet.ee occurs ' Mother,' said a child d'ing
of starvation, as one of lhe letters reports ' moth
er give me three grains of corn!' That is what
tarnishing Ireland says to us. The little ones
were attentive and absorbed, nnd the conversation
for some time was directed towards the misery of
that unhappy country. The next morning after
breakfast, as we stood at the back window, wo
saw a little girl about two years old, feeding her
pel chiekens with crumbs of bread. We opened
(he window and reminded her that there was other
food in a kitchen closet for them. Oh yes, said
she, 1 know it and hippies know it too, but no
matter, this will do.'
"" Some lime after, as we were reading, the littlei
one came to our si Jc with a piper roll and handed
it to us saying:
Can't you send this to t?ie poor little Irish girl
that is starving f
' What is it?' we asked.
Kippies' breakfast,' was the reply.
We opened it it was one of the" papr cornu
copias which Santa Claus had filled with bon
bons for the stocking at Christmas, but in place of
the confections, it was now fifed wilh corn I The
votive offering; of a child. But this was not all.
Pouring the corn out on the table, of the bottom
iof the paper bag we found a ce nt, taken from the
; little treasured store, which hod been garnered for
.lers, as light desert, and on this ocension, after
he had tried for ten minutes to chew one, nicely
" sauced over " and " fried brown," he found they
were made of thin layers of cotton that had bee
dipped in "bailer," Wf call that "doing htm.
, broien!
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