Indiana American, Volume 15, Number 43, Brookville, Franklin County, 22 October 1847 — Page 1

CAM OCR COCSTHT OCR COUNTKY's I M T ER ESTS H D OUR COCH TRY'S rKICMDS, BY C. F. CLAIIKSOX. BUOOKVILLK, INDIANA, FRIDAY, OCTOBER 32, 1847. VOL. XV NO. 43-

MAMA

A

MEM

ITEMS.

ttXES, jr rtn If t Jra Jmrilm, a thtrt rimr istrs krr M, Vathinlrint, idle, wild, and twang, 1 Vaaghcd. and danaed, and talked, and tang-; And proud of health, of freedom vain, Breamed not of Borrow, care, ot pais Cenclatttrsfr. in that twass of (bra , Tom a'.l the world a. made lor ma. Bat when the hour ot trial itnvt, When rrkm-a shook thia trembling rVuna, Wka fully gay ps.rs.its wts o'aax And 1 euld dai.e aod sing no mora, It ttira unmj how Md 'twould b. Went vnta tha owl world tor iu. TILr CV-rd Oifd ftlln: The aolurad Odd FelW'i of Philadelphia had a larva and handomaprn- i rwon on the 9t nt. Tbm wra several tod ge in attendance irom ta adjoining tinea . i

J WifwU OWr.-Mre. Mary Brown. residing In ' ' ""'- J'" '"' -Our. VI equi-SOtim-ire. attempted tw end n- life yesterday by ta-; kingp-iaon. She wa. induced to make the rash at-;' Thf Ci'Cllit Court takaS jurisdiction for tempt through r from the ioa of ker hushiud . j or against corporation, fiora the place -n-rafar Ca.nrirfr-irc Gen. Scott entered Mei-; where its business is done, oca the Wth of September, the day celebrated by And thi sufficiently appear from tll tie.n..tt,eannier,ryofthe.rindependr. ifsrpofthe act uf inrnrnnr.tion.

fMaf'a in a nameTha Motnf the democratic. candidate for Governor in Georgia, it George Wash ington Napoleon Bonaparte Towna.

Zfectt Fanofirfrm. MiUvritm kai made Itt a p. ; rii .:.Vi' t .1 .rrriwYorkoder.ne.ph.,e. The pc ' . . T,,e ,ghl" "f P'-HOl made pardeloded rollowera of th.a wretehad homh,.r h.TeUeS' r,l,,no1 h aflV Cted directly by the .retted a larye tent in thit eity, in whith they daily PWeeding ill a Slllt; but a question which .niphtiy collect in iar narobera. a few daya ' raised between other pariies.may affect arn, a Mr. Robert R. Dodge, printer by trade, and them, as the holders of Certain paper. ie.tim ofthia miaerable detu,ion, dettroyed him-, 1 COmnl.il.anl mav ronaei.l 1,1 lb nncl.

U r.ht H . n B rfMnJ .... m . 1 . f . before he , n.. A ..... ..... e ,. ... 'iii.iih 11 ii.ic u 111 1 1111 r ifw nour. :

mrn that they had be-ter leaee ofT work, aa the day frt " condition beneficial lO all tll parf jorffment m nearat hanJ. j Concerned. J R'itr'i tree. The wife of the rallant and la-! l',e Court cannot change R C00mented Captain Thornton, whoie fate it waa to ae-'.'roCt, tinder 8iy eiigency. riflte hit life in the cante or hit country, it now ant JtlJge McLein read the following OpInmate of the poor-house, at Lew e, Delaware, in a iniotl: ataterT partial derangement, caused by excessive Thi. i. .n .); ,i r arief for the lo.. ofher hu.b.nd I Th ' 18 "n "rpI-M.on for at. injunction

Ciittaieri in 1TTW. That man of "facta and ttj.rea ' Mr fiat that m -o rli. . a:. ainnati wat commanded by Gen. Wilkinson. He bad a carriage wiih two handtcme horses. It wat the only carriage in the place at that timel Par He tree f te Thing. Captain Ptrlip Kearty, who lost an arm at Churuhusco, has a private u.tomeota.o.TOo a year n .. s.ki that ne lollowt r tnrrr'r for the lov of the thing. V. .fe.-A.dr fortune teller, of Wilmington, Del., bat reiirvd rrum business on a handsome fortune. She it ..id ,. have received more money and ma more fool, than any other lady living. .vr Gazette. "rirtt, 1 commend my tout into the hands of God, my treator, hoping, and ariurrdVy &Wtrrmr, through the only merit, of Jesut Christ my Savwr, to be made partaker of l.fr everlasting; and my body to the earth, whereof it it made." a freer frm the -,: .fK:, e4.i A deplorable difficulty took plaee tha other dy t Pttmont N. J., which hat cn a glomn orrrthat town. Two mm. father and .un. nimtd CamnhfU.

hd . e ,uarrei, during which the r.ther ii.,',orr" money, and w hen 'necessary to tempted to ttk the lif ur the an, who, to tic increase the stock of the Company to ock to the river; but the father pursued him, and erect Mills arid olher hydraulic Works, tO botk retting briond their drpth, and not being able fi X the rate of toll. &c. .im,.unk toretherinawaterrrrav.. Ar,er the nrgaiilcaiion or the Company, -.itr.-itw.toneofthe!awtorLyenrirr,t, by the election of its officers, they creabat no portions should be given with younr women ' .s i... r ,t ,.;, r ,u .. s , . , led a loan for the benefit if the Cornorau marriages. When this great lawgiver waa called --,.,. anon to iu.tife thi. e.e,.er. he rtamJ .K.. lMn ofonehutldred and twenty liv tllOII-

Sn the choice of wife, merit only .hoaid be eontillered, and that the taw wat madeta prevent young women being choaen for their richi-a or urgk-ctcd Tor their poverty." ! St. Leuie. x few dayt since two tcoundreit ataauitedal.dy inoneofthe ttreett of St. Lni., by throwing vi.riol in herr.ee, and then roSbing her r money and jewelry to the amount of .bout S'X. Thi. ... done in one .1 the most public thoroughr.na in the eitv. at hich noon. A Lieateti.nl ofthe Guard arrested the senundrel. a day or two afier, and they are now in custody. ; Jnnrreora a, CBS The Kew York Sun hat Haini uius w mr irui. n is: , "The eseitement in regard to the annexation of tuimuiii'i mnA . .. .j; siiba wastti.l inerraimg, and waa tpreading over thet.l.nd. Delegate, will be .ent on here, a little 1 . ...V . rrevtoii. to the next meeting of Congrett. lhe next. . . , , , . . . vessel will probably bring at more accural atwnt,. . . vartreu r. a ttea!inr a eociil nai an aoanunew .r,., The lntaie Plem. The following is a good hit at .v. . ..... n.n argnmrnt ot insanity, sy wmca all oar riacinat criminal. M h. ..i r .v.... j r T.-,r...i.i.;K. . K w,:..,. ton. at,., on earth d.d yo throw the kilun iota the ..,r,j t.lfort ,ci,,. tr,ty. c.mctornurma.r-bi.kemV. -..TT,i!ITM.the r."" "mWr,pt' '" m ' nKm " "msdikal notiss. "Tile andcra.ned most Resncctfulty tnformt the public that He hat Reacanttey located him aeif in . btic that He hat Reaeanttev loeared him aelf in ,i. . . e Town of palestene he intends practicemg Fhysic and turjer, and eery other necessary CatlinLineof hit biinett he may at anny time Be found at eao,. I. D Mills Hotel Exccapt absent on prof, ssional bitnea. n. D.Howe. "Myton, hold up yor head, and tell me who wat the strangest man?- .'j.h. -why.,?- Be - M... tha whale co.ldnt hold him after he go. him yorrww. traic.-Aa tha .reamer Hibemia t, was . her downw.rd trip Itrc was di.eoTend in her ISH Mnim mini, .ha k..-k .1. A. 1 . - " Se hatchea, tha (lame, bunt , out and ascended Hearlv (- kP k-man- J.k vhreateningalmoa, certain d.str-etion! There were, oo pasaengvra on bsianl, men, women, and children, nd the alarm ia ..id to have been terrible! The aaptain, a h.i . energetic man, set all hands to work ne noat ana passengers, ana acattieo, wnvm the tire W.S ..linani.hin To the horror of all, it was discovered that tome; tk . . ... . '

...rB.rnedcask.orgunpower.markedeoaee.were""" "- ... aV ai a- a k a k. - t-1 -a. . a - I at t.i.n tat .if .-vl A as K hinh dftlaf atil VV all t)

--...w..... ,o.r-,-,ws DSt oat. Cm. Ctta. pst oat. Cin. C.ij. -fai-riaV. Mrt. Weldon, formerty Mr. MeGanghey, afthiscity, and who eloped with Mr. Weldon some Tract ago, recently eotniuitted suie.de by hanging hen..,, in Covington, la. A miter hi end of a life -aaemiseraoie oy eonjuga, inodetity.--. rr. nrr. s.sr!r ratoiirj. mmmfs women or siaavoo have recently been shot dead by their husbands, an - er singular and melancholy circumstance.. A Tew weeks sun an old revolutionary pensioner named Hatch, who it nearly SO years of age, but a Mona-.n, kilted hit wife by mistake, in endeavoring to shoot those who wera molesting his house. A few days afterwards, a Mr. Ttlley killed hit wife by shooting her at the entered a rear door of the house, at a late hnur ofthe night, supposing her to be a man attached to a body of anti-Mormons f-ota wham be was axpeeting an anacV. In F.nglaad, blae-ered potatoes at now tilled nler I ...a" 1 k.a i- --.liuai l'Jeaay Ljnd" potatoes. Thit it in eomplii , ....... a,.. - ... r aerulraa ryes of the Swedish nightingale c.taef, on who wa,. toMigaga h men with - aai engaging herself.

LAW.

tFMTE W.1 TER r.lLLKT CA.1l Ilenrv I'alettt r the lt'hitev.trr V..ll. ; jCcrfc. Co. At Chamber, before Judoo McLean, September 25, 1847. Repotted from the notes of the Judge. Valletta- fiied his hill to enforces lien J npontbe Whitewater Valley Canal, and applied foi a preliminary injunction to restrain the officers 0f the company from doing certain act, prejudicial to his lien. 'The application was fully argued by Mr, t ox and Mr. Chase for the complainants, and by Mr. J. S. New man and Judge Walker Tor the respondents. The following points were decided: To enforce an equlienable it is the ap1 fa runt i. t.a a . . 1 . ) . ....... T r a r ' The ci'lzenshin of nera.in. u h, mat. i - r f- ' ' mi. or may oot apply lobe made j arlie need not be allrped in ihe hi'l ipoilBllieni OI ntS lien 111 Mole Of III . hi lien in whole and the appointment of a receiver. j The bill alleges that on ihe 20th of Jan"r - r '942, the Lpi-lftlllr e of Indiana paea "An act to incorporate the Whitewater Valley Canal Company," w;ih powers to make contracts, sue and be sued tld do all thing.- necessary to effecluate the objects of the associated And -.. ,, r.. . r . . (Hi me same act, the Stale transferred to lh0 M,ri8,jon B, jtg rj?h, lo lhe ,m , ,. .-. , , ,-, , . ... X " J""" h, K,Vpr ' '" N" ; - tonal Road, at Cambridge, and all the exIpenditures hy the State made thereon, on 'condition after the lapse of fifteen years Btld afler the Completion of ibe Canal bt the CompanV, the State should have lhe right U, resume the Canal, with the priv- :) , i: . . , J, , '"S" er"ed, 'upon paying to said ComIpany.the full amount of their.ezpedittire v-if. rt (Via etirr.ai ' n i- .u - r "and dollars, and for part thereof issued j bonds for the payment o one thousand dollars each,Otie hundred Slid twelve tif which bonds bearing dale, Istofjanuaiy 1S45, were issued and delivered 10 lhe complainant pavabhto him or beater yn in,er, M , (f ee" P"' ren- Pyble semi-at.nil-"I'.V, at the city of New York; lllllil the pay merit tif the principal Slim; w hich W a j payable in ten ears, being part ofthe fir!l1 nnIF loan of one hundred and .. c.l . .1... I J..I1 1 .l.l . -v ,1 . , -11 . r- nivuniiu iiooaiv, niiu j faith of the Company and their r!Tect. . . , , , . . ' tri rra personal. Were nevithlv . . . . I - a. j ruin .'wnir. rir imr i t - ., - , . riff lire- I'trr nil cems ttlBl miglll mere ' e .afier be crea'.ed by the Company. I And in default uf said pay nient it wa aereed that the holdei ..f the hoiid 1 i might enter immediately inio the receil (oflhetolls and water rents, and lhe in-1 i'.iits ii -niu litlliliaiil. ls nJMlllkT IO a..... r --.I .. .. 1..: . '. ..... " ' - ,rl or o is; r ict v on r t 01 me l imeu Stale nrmv rnnrl nfiiunr-. Irtsnn,..nl r.r..iee.,r,hJ.i. ...f..i'i ad apply lhe proceed to lhe oavmenl . I - " I T' 1 prus ,np pajuieni i..r .... . .....: , f. - s j mm tiic interest 00 -sio ooiius, vvc aiiu, it was sgreed that should the interest have 1 coer,pJ hy her be sludged to the holder ten per .cent, as liquidated damages. j The company also executed to ,he '.,:.... ,u. ..r .;,ii... ' ii-iiiiM.iiioc. .'Mi. .'.-.i.'e .'. r'liiiiiDi , . . . i . . , . . .i, I i iiiiiii iri lini n-illtini, v-ir,'i n-- ,i. i.trn . ' ! oate ami time or payment. iwooi;nese bonds are now due and the Other Iwo W ill be due in Jllly next. That there IS IIOW jdue the stun of five thousand seven hundied Bnd fifty dollars for interest. Blld also ne ihousand dollars on the obligation hjch became H)e in Ju,y, 1847. which itseenis lhe defendants tefuse to pay. 4 ,t.ft comnlainant states lhat the enrp,.ra,ion ia,,eri,hin B tew month. ConI ' poration ha, within a lw months, con-1. 1 . . . ' ... ,, ' " ' iraiaSii netiiA anil rtna in t ti si on .11 lave . "Used about sevenl iy thousand doSla, .in bonds to be prepared to be issued and has ised about twenty thousand doilara of lne ame and threatens to issue the bal - .., . ,l,-,-r r... nurnnc ..f hoinn .... I - T f ' , , ; medium and a a; : . r! r 1 " . . ' " . ! , J aiiK..lniil a I .k as, hanlr sr .t at a. t s IhA f., rw ar I el as a circulating

, ..y, "f ...,, Company to accomplish nriimici in it an rpar, alter i'.Hp lo r

. . . promise to par two vears after tlateto, ' 3 f. , i ,i .! r . . . . i n notes from lhat turn I" twenty dollars.) , , . , ... . . ' . , ,, r. . a I,. f-l .1 A - f 1 .1 h InlaaPafeall .1 l'10 ,'. 111 I I V I.I 1-1 U, " I . 1 1 I II 'V ! - . ... .Li. , . ' . .. . ra;e of six per cent, per annum;and which t,.. .hejr r ,re pe re iceiveil DV SBUI Company, Bl ail ttmei I0T I 1 a-jd water rents, vtd ,ia . And the complainant avers that the cor - . , , , , . norr-.l .- rt K t Ian.ftT. aan.f inrt.itnal nr.inait I r , , , , , ,

iifpis aue auo rasii on iiaim it. a largo;. ,. amount. That the corporation owes, as ln ' fel1,

has been infirmed. over two hundredi thousand dollars. That if the said notes shall birece.ve,l in payment or tolls and water rem, the um due to the comnlainant a. af-re-aid. cannot be paid-, and he prays that thedriYn.iantmaybernio!nedt,n.tciiingrd,p--inr ofanvofih real or personal estate of the comp.y,a.i from is.n.ng .r circulating any promissory i ntuv Inorea of ihe character belore deaenbrd. A 1 o from iM,,Hd com. due. In n aner Hie torporatton a Imtts.the

j organization of the company, the issuing i of the bonds and the sum due to the com-

plainant, a alleged hy him. It slates thai b1 ereal rise of water in While liver tin extensive injury was done to the canal to repair which ninety thousand dollars were required. That these injuries if nol spee dily repaired would have been ruinous to . the canal. That failing lo raise funds to make the repairs in any other manner,

the plan of ismng the promisory notes j Company is iml only pledged for the pricomplained of was adopted. These notes 1 oiity of hi lien, but its enlire pioperty the defendants insists are not in violation 1 and especially the recepis for tolls and of law. I w ater rents. The tolls and waier rem

Several objections were made to the jurisdiction of the Court. 1 That there is a remedy at law. This is an equitable mortgage, and is a peculiar subject of equity. The objects of the complainant are clearly not attainable at law. lie may recover a judgment aiinst the corporation, but its tolls Mid water rents cannot he reached in that foim. And it appear from the face of the contract, these were looked to by the piilies a meant of payment. This remedy is incorporated into the contract, and it is a part of it. On ihe tolls and water rents, therefore, the plaintiff has a lien preferable to all others now ahown, which miy be enforced in a court of equity, but cannot be in a court of law. And this is ihe main object of ihe bill, 2 II is alto insisted that it does not sufficiently appear that the place where the corporation does its business, is wi.hin the Slate of Indiana. To this it must be answered that the (lice where the functions of Ihis corporation are dichar!ed must, necessarily, be within the Stale of Indiana. It can exerci-e no extra-territorial power on this subject. But from the face wf t!ie charter, it is seen that the work to be accomplished is within the limits of the State. 3 It is further objected, that the complainant was for himsrlf and other interested, and that it does not appear who those persona are, and that some, or all of them, may he citizens of Indiana, who could not come in as co-plaintiffs. If this st'ppositinn betiue.il would be a sufficient cbjeotit n to their fceing made plaintiff-. Ttiey are not now plaintiff, and this objection nmy he considered when they shall pplf to be made so. 4 Again it is insisted that the rights of the holders of the promissory notes alleged to be illegal are involved, and that they should be made pailies. So far as ihe question of illegality is . . a :. - - .... . 1 . 1 . t Ivfntrernru, u is 001 material mat iney should be named as parlies. Whether these notea be in violation of law is dis tinctly presented by the prayer of the bill that the corporation should be enjoined from issuing any fuilher notes of similar character, w hicli thev have no power lo 1 do. As well mi oht it be itbiected. when s if a defence is made involving the legality of a promissory note, that the rights of others holding similar notes would be effected. If these notes. now in circulation, sre to he treated as valid, and the question is nude w hether the payment of them out of the lolls and water rents, or which is the same thing in effect, whether they I shall be received in a payment for tolls and rents, as pledged upon iheirlace. the objection that lhe holders are nol made parlies, is not without force. In this as-! prel.lhe question is one of pteferencc.and V at point is not raised in the bill; and it is supposed could not be, un!cs9 the I-ol-ders of the ia er w r ati'e I?. !Pr tre partus o I tie :ate of Indiana is tml a necesa' IVpRrty. Its llltl reest IS contingent, tie ,- pPOil! pem'inp .-non the exercise of ih.t discre-, tion. And this pmreedinr ran in norrsptct aflVet the xrrcise f ihat, ii.crx -tion. .... , , , , . - , - . I he lieu of ihe plaintiff is lhe firsfone, " rP,f ""i be bond, and it was ex- , , , ., . , , , . r Prf"-I C'eed, tbat it should be perfer red l; " ,r"er- uut, ol necesiuy, ibere wa an implied nmleralaiiili iij lhat lhe 1 r- - - - nr.lin.rr ptnon.ra .if lhe r..,n.i.v al...nM ' - - -1 .'". first be paid. Ulltll this W8S done tlierO

cou'd be no tolls or water reotslo nav out.!0' "V "ti". ldresed to gentlemen m

B"1 H'is expenditure is limited to ordm-j 1 1 . arv renir and other etneiiap incident ' ' t ' lo lh(' b,,9in"-of ,he rnmPan'- The Directo, could give no lien, to the predjudi"'r l'intiff, beyond this. The casualiiie, like other ""imilar works but ,,o prevision was made ",r extraordinary expenditure.- ... W hen these became neccssai y , as under . , . .1 the CltCUmstBnCes Staled III the atlSW er.the

Directors should meet Ihem, if possible, "".' P'"' -wire o return u.. .k. .. - r ,i . . .,' ,i, ' at the close of tins war to the discharge bv the use of other means, than those i , , . , , . ... , . . , . : of those professional duties and to the en . wh.ch were mortgaged to the pla.nt.fr.- I jovmPil 0) lh08tJ (loine8tlft pur,uit!i fro(n They had lands, debts due for stock and j ,vjlic,, , w caed 8l jf. commencement, otherwise and they had power lo increase jund for which my tastca and education the stock of ihe company. If these should beet tit me. nol be available, after a full trial, and ai I deem it but due to candor to slate, at pledge of the receipts for tolls and water! the same time, that, if I were called to

rents was the only means lo raise money lo make lhe repairs, within lhe power of , ' . .. ., r to make lhe repairs, withm the now er of 1 1 , .-. n,.n.i.... ., .. a n b i il" I r.llm. . . f .

i r, mUe bp, vrfn ,hrn, and .e Com J -CCCPt the office Hilt while . ri it T ih ; Ireely avow my aitactiment to the adininp "i8 teaniiscreiton on ineirjl(i,.tliv, no,,cv of mirfury rrident$, I i pa " 1 may given to I lie ,!a.glte lo he understood that I cannot sub-

! '"" -"". , . - ! Ol, llllltAr .n 01110,001.1.1 .ImilJ Sllri 111. en under an emergency as strong and in- . - , deed stronger than that w hich now exdeed stronger than that which now exmean afforded by the plain, H'.V.(-lJ(Vtja.-t 1'iurnu I wia'l . . 3 . . .. the enterprise. The lien given to hi urn induced hint to part with Ills money, and -' . no change of circumstances in the Bfnir 1 ' of the Company can authorise a postpone h 1 nient of the lien. The interest of the parties in this csie j is identical. Unless lhe Canal be repairI n.l I I. A dvi-Ati.lil 1 1 ssa t I l A at.-kaww rkbnl ftdill IU - 1IITT rjI-vri'.VXIlT-Jt HIT VlMUl'IIIT V HI ; . , , . . ' 3 . be lost, and the work in a short time I I must become of little or no value. And ihe claim of the plaintiff become as worthies a the! . " . -npany. i wou.o seem. ; 1 'hPrefo,f' " '"T Y' , V i I fu,m' "'"f the company should be: Used to make lhe repairs HOW being made, so far a may be done with a proper re- ...-'. r.u i . rr l gai d to the interesl ofthe plaintiff. And he Voluntarily proposes to postpone hi lien for ninety days, provided the receipts, of tolls and waier rents, during the nine-

ty days, shall be applied to the completion i of ihp rennirs. And after lha otr.iratinn

..f 1 1, a ; Jo,-. l. ... : ... ... vij iv v.M.jruui.i ieiric one-iourm 01 uie teceipis lor tow ana i. ler icnis. Deynnd the ordinary repairs of the Canal and the expenses of the Company, it can create no demand hich ehall eijiher directly or indirectly postpone the I j lien of the complainant. The faith of the ! are not only niortgaged equitably, but they are set apart as the means of payment. This being the contract the Company cannot change it. not can the Court dn so. Cum Is of equity do not make contracts, but enforce them. As the coinplaintant however, has consented lo the postponement of his lien, ai above stated, that all means of Uie Company may be applied to the repairs now being made, all difficulty on this point is obviated. The rate of the lands ofthe Company for its stock, lessens so much the pioperty mortgaged to the complainant the lien extended equally to the stock and the land, though the slock it held by individuals the exchange of the land there for stock, did not add lo the amount of stock, but reduced lhe subject of the lien, to the amount of ihe land sold. This the plaintiffmay object to, as it lessens his security. The promissory rotes of small denominations printed on bank paper, and containing a promise to pay, wiih interest, a certain sum, and receivable for tolls and water rents; signed by tha President and Secretary of the company, being evidently intended for circulation, are clearly within the act of Indiana of the 2Jih of January 1811. Upon the whole I think ihe comp'ninent is entitled to the prayer of his hill to enj'iin the corporation from issuing notes of lhe denomination above staled, and fiom receiving such notes already issued in payment of tolls, water rents, or other dues; also from selling any of the real es tate now held by ihe coiporation for its stock. And after the canal from Cambridge 1 1 the Ohio river shall have been in operation from this time, three months, the rece ipts having been faithfully applied to the completion of the necessary repairs, the company is inquired to set apart one fourth of the receipts for the payment of the plaintiffs demand; and that the same shall be paid to the plaint ff or daposited j in the-Lafayette Hank of Cincinnati, sub ject to the order of the Court. And it is further ordered that the cor poration shall, by its proper officer or ofll;.cers, mke a report to the next Crcuil Court of ihe ("oited Slates, to be hold in the State of Indiana, suung the receipts and expenditures of ihe Company from the time this ii junction is allowed up to lhat term, and that another report of ihe same chancier shall be made at the succeeding term of said court, if lhe plaintiffs demand shall not be dischatged before that lime. A receiver will not now be appointed. And I lake occasion here lo remark, that I have ho doubt the Company has acled under lhe exigencies in which it was placed, w ith an increased desire to advanee the general iuteieels of ihe associ ation and lhe public. Gen Taylor-Another Letter. The annexed letter Irom I. en. Tavl r to Dr. Ilronaon. was hsnd-'d bv the Doctor to lhe National Intelhg.-iicer to be made j , public: i i t;. . i, j f Heatl Jiirtrr .irrnv of Occupation, ,c,nn near Monterey . Aug 10. H47. s,r: Ynnr L iter of ii.n 17:1. ..it, .n ronue.timrof me an exposition of my views ! (.R ihe questions of national policy now at isntie hel ween the nntitw-al n.irt-oa ..fil.o f -- t-....- v. lulled Stale, lias liiilv rea.l.n.l ,o . . . I iniiat take occasion to say that many ,,,e 1 'te8 ,n answer to similar int uuines. have alretdr been made public, .... . ' . r ' l' and I had greatly hoped that all persons interested had, by this time, obtained from Itiem a sufficiently accurate knowledge of my views and desires in relation to this subject. As "it appears, however, that such is no, the case. I deem it proper, in reply to your leiter, distinctly to repent that t am not beare the prople of the t'uited Statet at a candidate fr the next I'rrtS. : J ,. . . u,e Presidential chair by the general voice ,,,e Pple, without regaru to their p.- ' of the neon'a without ret-an. i, i r '. ' w,n'"11 regaru n i i,,.--i ,1 . M.ir.mnB i -t..,...,i ; ... i ' ' V- ' ' v. i . . . . v . i v c-, t-u-'.iiuvvl.i. ,VV be cirii I u inns Brcepiiiiir it, mine ex action ol ttiv , , , , I should pur I aatmil nl .lilt ii(h n u. ,t. a -d .nl.a a....... olher plctlgts as lolhe course I should purstio than that oi dicharriii,e J 9 its lunctions to the best nl my abil.tv. and . T'Ctty in accord. nee w.tu tbe req,i,r. r.. ..- ..... IliCUlB in IIIU tllllSt ItlitlOII. ) have thus given you the circumstan ces under which only can I be indu.'ed to I accept the high and responsible office ot President of tl.n I'm tod State. I nesd hardly add that I cannot in any caee permit myself lo be nro.ighi before the people exelus.vely by any oi the political parlies lhat now so unfortunate1 divide our country, a their candidate (or tl.ia office. Itofforils me great pleasure, in conchi on f""y 10 c,,,'l'Hr w,lh ni m your h-gh iU6l,"l"",e "f "f Ttue. both ot I head and heart, ol I tie distinguished cut Mww vVeb.t.r. Adams, Mc ,uthc ,nd (-'-i,'n) mentioned in your ;elter. ha ,vtr . fl trfrritrd ,h. . fii-tvirgc' f Vuttng, but had I bit H Called . uvon at the last Presidential election to do ' . l .j . ... .y B.I. thould ctrt-unly hatt cat my u'f fr .'ic. Cf-iy. i I am, very respectfully . your oh't serv't, I. t AtliK.

MEDICAL.

! Til E EFFECTS OF M KRrlHT On the Yoans Suhieet. By John H. Beck, M. D., Prufrssorof Ma-lt-ria Mt-tliea anil Medical Jurinruu nee, in me 1. 1 1 li re 01 rnyiiciam ana burgeons ol New York. In so'ii previous paper I have eudeav ored to paint out lhe peculiarities attend ing the operations of opium and emetics, on the subject, as distinguished from the effects of these agents on the adult. I now propose lo mike some remarks on another atticle of even more importance, and that is Mercury. That Mercury is an agent of immense pow er, either for good or evil, upon the human constitution, cannot be questioned. While in many cases it is the means of saving life, in not a few it unquestionably destroys 11. If this be so, it becomes a quest ton of the deepest practical interest to deieiniiue whether its hciioii is mod fie d in any way by the age ofthe patient, and panic nlarly so, when it is recollected thai it is given by iwo ninny physician, even more Ireely, and may I not add indiscriminately, to the young subject than to the adult The first and mrnf ttrikhig pecufiaiity attending the action of Mercury is that in young subjects it does not produce saliva tion us readily as it does in adults. Indeed, under a certain age. it appenrs to be exceedingly difficult to excile salivation a all in them. Oi. this point, henides our own experience, we have ubiindatice of testimony. Dr. Claike says, "under variotia circumstances lie has prescribed mercury, in very large quantities, and in a great number of casts; and he never produced salivation except in three instances, in any rhilJ under 3 years of age. Dr. Warren, of Boston observes, '-thai he has nexer known an infant to be salivated, notwithstanding he has given, in some cases, large quantities with this view." Mr. Cnl.es, of Dublin. av "no man in the pr-'sent day requires to be told lhat mercury never does produce ptyalism, or swelling and ulceration ofthe gums in infants." Drs. Evanson and Maunsell speak still more strongly. They say, "meirury does not seem capable'of salivating an infant. We have never seen it do so, nor are e aware of any such case being on record." "We have never succeeded in salivating a child under thiee years ol age." The same general fact seems to he applicable to the external ue of mercury. Dr. Percival, of Manchester, remarks that he "repeatedly observed that very large quantities of the Unguentiim Crrrn leuin may be used in infancy and chid- ; hood, without alTecting lhe gums, notwithstanding the predisposition to a flux of saliva at a period of life incidental to dentition. That salivation does not take plac so readily in lhe infant as in the adult, would seem then in be well rinhlihen. That it never can or does take place; as might be inferred from some of the preceeding quotations, is by no means, however true; and the statement, if implicitly relied on, is calculated to be the ratine of much mischief. That very young subjects do somelimes become salivated is unquestionable. One case, and only one, however, has occurred in my experience, in which a child of two years of age was salivaicd.and that by a very moderate quantity of calomel, viz: live grains given m three portions at intervals, within the space of about twelve hours. In about two days afier, the gums becasne inflamed, the tonge swelled, several ulcers appeared in the mouth, and the flow ol saliva was free; after continu nraduai; v gelded and disapoeard w Hhonl r ... "' rtlier Miconvei.iaiice. In this case .1 ,r ., . eer' seemed favorable lo the devel ing anmti inree tiavs in the same stale, it opement 01 mercurial action. The chi;d i na,J Deen 'anoring umJer w lioopmgcough Ior several weeks, and was a good deal reouceo. n vnmned ireeiy wttli every paroxysm of coughhing. and this no doubi aided in bringing on salivation in a constitution peculiarity sensitive and evidently scrofulous. Nor is thi a solitary case. Dr. Clarke, already quoted, admits lhat in three cases, salivation wa produced in children under three years of age. And similar rases have been observed by others. Dr. Hlackall relates the case of a child two years of a.;e, who was salivated in consequence of taking two grains ofcaloml for several successive nights. The child a a poor scrnfu'ou subject. and it sunk tindei lh t Sects of lhe mercury. This, then, is a rematkahle pecu'iarity in the action of this agent upon the infant subjerl.and the observaiioti of it has doubt less led to the beef, loo prevalent among some physician, thai it may bj given lo them, in almost any extent with perfect impunity an error, w hich if not in its nn mediate, yet certainly in it remote effects has been lhe prolific source of more mi chiel probably than any of us are aware of. Although Mercury so seldim ,t!ieates, infants, yet. nnlicilhstttiidiug this itcannul oedmhted that it ef-cls the system pro j-mwiiy. ani even tn, ire so proportion i erj. than the ad'dt. That it shornl do . p. I pears perfeedy natural, w hen we leflectj upon the nvide of it operation on lhe hu-1 man system. On tin. subject. I am ' t . .

.1.

aware lhat a greal difference of opinion 'it in young subjects. exist- Ry some, meicury is looked npon I 1 If sa'ivatton occurs so rarely in chiln a sliuitilantwhile others view it as a dren under a certain age. then it is evisedative. A familiar acaiiaintance with Us dent that it can never he made a eriter-

effects, however, will show think, that aneaa tK .a I t w .... a at. . ... L a- 1 . . .

,..,y ,.e...,r, ...,c,.r ,ne,uurr,ccoroi:ii;iojli1..,r .yintem l o aueu,;)i inereiore, o. i W(M ,(,Zf.(1, and ,Uf wiite powders circumstances-according to ihe dose in produce thi eff-ct. as we do in adults, is ; of nia.pill..i,w. they would be awhtch it i given lhe lenth of fine it i man.fMilv improper. In case, here it , ined at ,e.r rreduluv in desertini continued, and more especially, the con.li-, is desirable lo gel ihe system under ihe j ,he)r M medl,.a advisers, because ihey tmnof lhe system at ilit tune of using it. influence, of ths remedy, other modes ,1(1,e ,he hold,,,.., to E1e them an occaA eingls) large dose of calomel will caue must be resorted to for the purpose of ;,n(. 0,P and the houeaiv to tell them nausea and relaxation; and siMiietimes un- judging tn what extent the use of ihe ar- r llla!ja pleasant ptostrati. in. while if il be given in tide should b can ic I. N w this is by no j omaller doses and rep-aleJ frequently, mean easy. Even in adults, where we 0rc BT i.r.r,yR.o.,rl0.w by th. ptunit ill occasion iritatioo of the intestines, have the hencfi of salivation as a te. drrf train, in Mexico, i. estimated to amoont to $,- and geneial disitirntnee of the vascular all piaciical physician are aware bow ooooo. i he Mraieansran wriiaaord as the gtory, and nervous svsiemi: in the former case dtftl-ulties u i. fieqtiently.io decide wien . o long as they g.tth. mo..ev.

j acting as a profound sedative, and in the : . latter a a lintnlant. or rather Irritant, hat calomel given in , , large doses ooer-

ates as a sedative, seems to be proved, nol merely by lhe nau.ea and prustralion which it frequently produces, but by other considerations. In dysentery, for exam p'e, in the adult a dose of twenty grain of calomel will sometimes allay pain and irritation, with Ks much certainty as a dose of opium. For the purpose of testing the elTe-ris of calomel some interesting experiments were made by Mr. Annesley. which wot.ld seem s'lll further lo show, lhat in lare doses the acton of lhe agent upon the mucous meml raue ol lhe stoni ach and 1nlesli1.es, is that of a sedative. lie took three healthy dogs, and gave to

me 1 drachm of calomel, to a second, 2 drachm, lo a ihird, 3 drachms. After this they were tied up in a room. "The dog whirl, look 1 drachm did not appear to feel any si.-kness, till fix or set. en hour afterwards, when he vomited a little. He wii lively the whole time, and iiehifoo l well; hid been pureed two or , thiee u, nes; dejections of a black grey! . ,., , i lie t.og winch look two drachms was like ise lively and .He his food wel!; vom-

...v. ..... ... .,rr iimes, a:w w a purged , on. Althongha single dose ofculortvl more than the other; he passed tape ! even though la. , may be well borne bv worms, an I lie dejections wr-re black. jdoldren of otdmary strength of co.is.,--lhe dog wbuh took 3 drachms was, union. Pt even this is not entirely safo heavy and apparently uncomfortable the ; in all dose. And when these doses are whole day and did not vomit at all; he '. frequently repented in delicate lorn, s, was purged and pissed a very long tape ' the iau,l seiioui consequences may nworm; d. jeciions also black." stilt. Twenty four hours after they had la-j 3. The use of mercury in young nhken the calomel, the dogs went all hung, ject as an alternative ahvnld.' in ail casand five minutes after they were all dead. es be conducted wnh greater caution. they w ere examined, and the vascularity , There is no practice more common than of lhe stomach was found lo be t lhe in- that of continuing (he u-e of ll,i agent verse ratio of the cab. m-1 they had taken; in small do,-,. fr cusirable iime.d i.e., in the dog which bad taken 3 drachm certainly none which is more Imh'e i the vascularity wa t:.e least, and 1. abuse. Under the idea that ihe dose la For the purpose of comparing this with .0 bmall, and from i10 sa:iviiou appearthe candnion of lhe stomach of a dog ing. w e are apt to infer that even the which had taken 1.0 calomel mi nil, an ex-1 medicine is not doing any harm And animation of another dog was nuide; and improvement lo... uhich occurs du.inj; here the stomach was fount, lo be wore ' lhe u flheariicleissHreiobeaitril.ilrascular than in any of the oilier. Fiomlted to il.e silent operation f it 011 ihrt U.ese experiments. Mr. Anne-ly drew i system. Now although this is not unfreU.e conclusion, that "lhe natural and heal- queioly the case, yet is nol invariably,,.; thy state of the stomach and tniesiinal and every observing p, sician inn-i hav canal is that of huh state of vascularity, ; been aware of cases, in which, iu Ihu and the operation of calomel in large, way, the article ;.s been unnecessarily doses, u dtrtcdy the reverse of ii.fliiomu-. and injuriously continued. In bowel ,"rr;" (Complainants, under the idea 1. f alterion Ihe rorego.ng consrlera-ion would the t-ecn'tion. 11 has f.rqueutlv, no donbi seem to show that caian.el Iu II , helped lo keep up ihe very intestinal irdoses is a local sedative, and in it gener- ! rttaiion which it was given incorrect

aii.nvct., tsdet.ilnatn.jj U,e system at lai ge, Henco 11 great uti'ity ttn.l value , as a remedy 111 n.aoy inflammatory dt.- j eases. W hen on the other hanrl. it is given in ; small ami renentMil iln.p. n . I frequently as a local, as well as a general j --r- u.o i..rt uiiirritant, r rodiicing luimodrrale action of ! the bo m els and geneial irritation of ihe nervous and vascular avsli 111a. Noa ibnse, we know are lhe effects observed continually in lhe adult, and is but reiisonibie to suppose thai ail of them intisl of course be aggravate ! in the more de'.ica.t. and sensitive system of the infant. v hat show s incouiesiibilitv t'lat the i action of mercury is actually inoie energetic on the inlani than the adi.lt, is the fact, lhat when salivation does take place in the former, as it sometiti.es doe 11s . IT.... A . . t rTectsare mote disastrous. Slouching of the gums and cheeks, general pro.-tralion and Death are by no means iii.enuiiiion occurrences. On this suj 'ct, Doctor Bli ckall justly reinaks,' a general opinion prevails, that the cons tuitions of young subjects resist meirnry. lis entrance into the system ihey rertainly do resist, mote than we could expect; but Ihey are gieatly overcome by salivations, and lhe conslant occurrence of such accidents mat w ell set us constantly on our utiaid," ltyan,ioo, says, "I'lyalism ol infants is often followed hv slouching of the gum and cheeks; and ibis I haveknewn to nerur after the nseol n in hydn ccphalaus." Besides' being more energetic in lis action on the infant, merciny is b'so moie uncertain. Th is must nececsnnU be the case and for the same reaon that every other active agent is so. In thea luliwe know that meirury varies tn erT-ci. according to the condition of Die system antl the peculiarities of the patient' rottsli iution. Thus onie persons are salivated bv lhe smallest qu.niiiiv of this m-'ial, whiie others resil the influence ern of the I irgest quantities, luaoinr. febn.e action, others diarrhac and eli ni-tn.ii takes place, even from m '(I'lale dose. Hence 11 is that every prudent physician. if unacqinled w j;h the previous hisioiy of lhe patient, makes it a special subject uf inquiry In a-certain whether he has ever taken mercury previously and Imw it afiT-cls htm. Now in the young infant; of course, as we cannot so well have the benefit oi this information, more uncertainty inusl necessarily attend its operation. These, then, are the pscnliarlies attending the operat ion of mercury on foung subjects, vir.: that they are salivated with great diffi. uilv, and that nt iths'.auding Una, Uie effects of it are nequenily more energetic am uncertain than ihey arein the adult. And it is upon these as the basis that I propose loinake a few remarks boating upon the practical application of it; ion by which to judge of it influence on ' (tra . . . . t . . it i proner to stop the use'of the rem -1 edv. II-w much more so must thisdtfn-' . . . r . rulij ha incretaeJ in me yoong infant,

where we are left without this guide. The only m-des of judging, of course, are lhe character of lhe eaeut ions from the bowels, and the geneial impression made upon the disease for which it i administered. Both these are evident, however, uncertain- Ii i to be ft a:ed, therefore, ihat for lhe want of a more certain enide than we at present posses, the u of this remedy is, in miny cases, unnecessarily protracted, to the great detriment nfihelitile patient. From all thi the conclusion is obvloii. thai in the use of this article in ihe young Miject much greater cannon is necres.ry than in tho adult.

2. The fact lhat mercury may protrat and destroy a voiiuj t-lti Id. even ihongli it does cause salivation, it i to be feared is not sufficiently appreciated; at lsi by some. We hare known calomel e:en without weiotii child, and the Reason assigned lo justify it was thru ii could do no harm bec-uo 1 ii would not titlivate.. Now it appears me ihi llf) Oniflillfl ri. M kak ....... ' founded, and no p.aciice more mi-H.iev . 'In other cases ii has developed ib tendency by other tiiseasea. snrl, -a-.o. fula, phihiis ptilmonalis, eir. Iiiaduli W e know this to be Verv il, How much more likely i, ,;; u.i, l(, h,p.' nnn i , ' jj.rn III iier JOllUg 111 lallt f 4. In the use of mercury children n young greal cure should he rirrrm .1 in ascertaining a far as possible; iheir f......1lUli....-l frmi ..,....-. A tt.uirl deal, however, may be learned from an acquaintance w nh lhe tn-.dei.riei. ofth patent.?. Wheieter ihe pment show ii'dicatmns of srtiifula, ir where iher is an In icdiiary pr disposition to consumption, great eatnioii ought 10 be exercised in the ue of meicury 111 ihrrr (T spring. 5 Mercury should be administered with ereal minion, 111 case where a child ha tieen sick for a con-idernble leneili ,.f lime. Vint wbeii the strength of lhe rhiltl has been very much redeced. In tin slate of a run-tiiiiii.ini, r'epressioit, a sin -gle cat'taiiic do.e of caioiuel soinetl iiiea proves fatal. W e think weh.vps on m,.r than one case, in wh'cd a cluhi Ii is been trretrievah'.y prus raied loder tbeserircu.natai.ee, under the false in ( e-si,ui thai calomel is an iunoce.-.i puig tiite to a child. G The toocom'ion prnrtiee of giving calomel as an oiditiary pioge, on ail i.crflssion, is reriaii .Iy inijti-i tfi ible. F in the f iitty with whuh it may begt'e ,. II is unquesii.iiiahly resorted lo in a greal number of cases, where il i certainly iinnessarv, and ln a crest nunihor wheio it positively does hat m 1 he ii isforiune. is, that Its use is Hot limit, din ail o, ess tonal dose, l ul it istoo often giten in every slislit iiidisposiiion of the chiid. Now, in this way. there ran be no que-, tion that the use of it has la'd lhe f.,unilation for the ruin uf the constitutions of ihoiisands. It oiiiTht hi be a rule laid down and rigidiy followed, thai in very young children, meicury ought never In be ued as a cathartic, t.nless there is a special reason for resorting to ii. In a giat majority of cases, inildt r caihaiiics are In be preferr d. In concluding these observations, I trust it may not be supposed to ihem mr intention has been lo undervalue the importance of mercury as a remedy in ih diseases of children. On the contray, no one appreciates urn ire higtily than myself. In many cae nothing can snpply lis place, and its judicious use ha been, and is, the iiistiuinent of saving inuliiuides of lives. Noiw lihs'audntg, however, the many cautions to the contrary, it it to he feared thai lhe ure f it is mill loo general and indiscriminate, lideed. the amount of K which is innen hy tt.e human race, in one way or oilier is in. calculable. What is given hv leeiiltr physicians, is perhaps the smallest qunnI'.iy. If the public oulv knew how m,ich of this article is swallowed tinkim Ml. j lhein.eIv..- , ....of bid'otu pills, " m son of ,n rr i CampWlt. of Pa.hanr.Va.. as draviu.a ... .i. . . ,. : im; i.iii. river, on ma- Sanaes.v v. 1t c.mub.u u -. ire-aad.