Semi-Weekly Journal, Volume 3, Number 255, Indianapolis, Marion County, 18 September 1841 — Page 1

EBM-WIBIBIKJL JJHII18WAIL o

BY DOUGLASS & NOEL.

INDIANAPOLIS, SATURDAY, SEPTEMBER 18, 1841,

VOL. 3. NO. 25.5,

6ES-

imm Tamrn THBEE TIMES A WEEK DURING THK

SION OF THE LEGISLATURE TWICE A WEEK FOR THE REMAINDER OF THE YEAR. Terms Four Dollars a year, payable in advance, and eontidered due at the date of the subscription. If not paid In advance, liowever. Five Dollars will lie the price. Advertisements will be inserted at tho following rntes: Ten lines or less, for one or three insertions, onk dollar, and twenty-five cents for each continuance. Or, will be continued on contract one yeer, for $o, and will be altered occasionally it desired. On longer advertisements, a reasonable deduction will be made. pBINGLE COPIES Cents

BY AUTHORITY. LAWS OF THE U!ITE STATES PASSED AT THE FIRST SESSION OF THE 27TH CONGRESS.

the

and

Public No. 10.J AN ACT to appropriate the proceeds of the sales of the public lands, and to grant pre-emption r.ghts. Be it enacted by the Senate and House of Representatives flf the United States of America in Congress assembled, That from and after e thuty-firs day of December in the year of our Lord one thousand eight hundred and forty-one, there be allowed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Louisiana, Arkansas a M;,h;n. over and above what each of the said

State- i entitled to by the terms of the compacts entered into between them and the United States, upon their admission into the Union, the sun. of ten pur centum upon the nett proceeds of the sales of the public lands, which, subsequent to the day aforesaid, shall be made within the limits of each of said States respectively: Provided, That the sum so allowed to the said States, respectively, shall be in no wise affected or diminished on account of any sums whnh have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland road, but that the disbursements for the said road shull remain, as heretofore, chargeable on the two per centum fund provided for by compacts with several of the said States. , r, , 9 A ml he it further enacted, That after de-

,lnrrin'cr the said ten per centum, and what, by the com-,

pacts aforesaid, has -heretofore been allowed to the States aforesaid, the residue of the nett proceeds which nett proceeds shall be ascertained by deducting from the gross proceeds all the expenditures of the year for the following objects: salaries and expenses nr-r-onntof the General Lund Office; expenses for

surveying public lands; salaries and expanses in o.0.,n,onPHl's office: salaries, commissions,

allowances to the registers and receiver's; the five per centum to new States-of all the public lands of the United States, wherever situated, which shall be sold subsequent to the said ihirty-first day of December, shall be divided among the twenty-six States of the Union and the district of Columbia, and the Territories of Wisconsin, Iowa, and Florida, according to their respective federal representative population as ascertained by the last census, to be applied by the Legislatures of the said Stutes to such purposes as the said Legislatures may direct: Provided, That the distributive share to which the District of Columbia shall be entitled, shall be applied to free schools, or education in some other form, as Congress may direct: And provided, also, That nothing herein contained shall be construed to the prejudice of future applications for a reduction of the price of the public lands er to the prejudice of applications for a transfer of the public lands, on reasonable terms, to the States within which thev lie, or to make such future disposition of the public" lands, or any part thereof, as Congress may deem expedient. Sec 3 And be it further enacted, That the several sums of money received in' the Treasury as the nett proceeds of the sales of the public lands shall be paid at the Treasury half yearly, on the first day of January and July in each year, during the operation of this act, to such person or persons as the respective Legislatures of the said States and Territories, or the Governors thereof in case the Legislatures sha 1 have made no such appointment, shall authorize and direct to receive the same.

Sec. 4. And be it further enacted, That any sum of

mnv. whirli at anv time may become due aoo paya

bio to any State of the Union, or to the District of

Columbia, by virtue of this act, as I lie portion or me said State or District of the proceeds of the sales of the public lands, shall be. first applied to the payment of any debt, due and payable from the said State or District, to the United States: Provided, That this shall not be construed to extend to the sums deposited with the States under the act of Congress of twentythird June, eighteen hundred and thirty-six, entitled "An act to regulate the deposites of the public money," nor to any sums apparently due to the United States as balances of debts growing out of the transactions of the Revolutionary war. Sec. 5. And be it further tnacted, That this act shall continue and be in force until otherwise provided bylaw, unless the United States shall become involved in war with any foreign power, in which event, from the commencement of hostilities, this act shall be

ispended during the continuance oi sucn war. rrvud, nevertheless, That if, prior to the expiration of

this act, any new State or oiaies sunn uc into the Union, there be assigned to such new State or States, the proportion of the proceeds accruing after their admission into the Union, to which such State or States may be entitled, upon the principles of this act, together with what such State or States may be entitled to by virtue of compacts to be made on their admission into the Union. Sec. 6. And be it further enacted, That there shall be annually appropriated for completing the surveys of said lands a sum not less than one hundred and fifty thousand dollars; and the minimum price at which the public lands are now sold at private sale shall not be increased, unless Congress shall think proper to grant alternate sections along the line of ny canal or other internal improvement, and at the same time to increase the minimum price of the sections reserved; and in case the same shall be increased by law, except as aforesaid, at any time during the operation ot this act, then so much of this act as provides that the nett proceeds of the sales of the public lauds shall be distributed among the several States shall, from and after the increase of the minimum price thereof, cease and become utterly null and of no effect, any thing in this act to the contrary notwithstanding: Prodded, That if, at any time du-

llie existence ut this act, there sriau oe an nn-

.n nt Guilts on lmciorts inconsistent witn me

susp

ded,

ring

pos

pro

v.sious ot the act of Aiarcb second, one thousand

eight hundred and thuiy-Uiree, entitled "An modify the act of the louneen-.h of July, one th

act to

ousand

ei-'ht hundred and thirtj-i wo, and all other acts ira- Latent shall be null and void.

ttps on lmoorts. and beyond the rate oi uu-

ty filed by ihat act, to wit: twenty per cent, on the nalue of such imports, or any of them, then the distribution provided in this act shall be suspended, and

shall so continue until this cause of its suspension shall be removed: and when removed, if not prevented by other provisions of this act, such distribution shall be resumed. Sec. 7. And be it further enacted. That the Secretary of the Tseasury may 'continue "any "land district in which is situated the seat of Government of any one of the States, and may continue the land office in such disrict, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when, in his opinion, such continuance may be required by public convenience, or in order to close the land system in such State at a convenient point, under the provisions of the act on that subject, approved twelfth June, one thousand eight hundred and forty. Sec. 8. And be it further enacted, That there shall

be granted to each State specified in the first section of this act five hundred thousand acres of land for purposes of internal improvement: Provided, That to each of the said States which has already received grants for said purposes there is hereby granted no more than a quantity of land which shall, together with the amount such State has already received as aforesaid, make five hundred thousand acres; the selections in all of the said States to be made within their limits respectively in such manner as the Legislatures thereof shall direct; and located in parcels, conformably to srtional divisions and subdivisions, of not less than three hundred and twenty acres in one location, on any public land except such as is or may be reserved from sale by any law of Congress or proclamation of the President of the United States, which said locations may be made at any time after the lands of the United States in said States respectively shall have been surveyed, according to existing laws. And there shall be and hereby is granted to each new state that shall be hereafter admitted into the Union, upon such admission, so much land as, including such quantity as may have been granted to such State before its admission, and while und:r a Territorial Government, for purposes of internal improvement as aforesaid, shall make five hundred thousand acres of land, to be selected and located as aforesaid. Sec. 9. And be it further enacted, That the lands herein granted to the States above named shall not be disposed of at a price less than one dollar and twentyfive cents uer acre, until otherwise authorized by a

law of tho United States; and the nett proceeds of the sales of said lands shall be faithfully applied to objects of internal improvement within the States aforesaid respectively, namely: Roads, railways, bridges, canals and improvement ' of water-courses, and draining of swamps; and such roads, railways, canals, bridges and water-courses, when made or improved, shall be free for the transportation of the United States nmil, and munitions of war, and for the passage of their troops, Without the payment of any toll whatever. Sec. 0. Andbe it further, enacted. That from and after the passage of this act every person, being the head of a family, or widow, or single man, over the age of twenty-one years, and being a citizen of the United States, or having filed his declaration of intention to become a citizen, as required by the naturalization laws, who, since the first day of June, A. D. eighteen hundred and forty, has made, or shall hereafter make, a settlement in person On the public lands to which the Indian title had been, at the time of such settlement, extinguished, and which has been, or shall have been surveyed prior thereto, and who shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and is hereby, authorized to enter with the register of the land office for the district in which such land may lie, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land, subject, however, to the following limitations and exceptions; No person shall be entitled to more' than one pre-emptive right by virtue of this act; no person who is the proprietor of three hundred and twenty acres of land in any State or Territory of the United States, and no person who shall quit or abandon his residence on his own land to reside on the public land in the same State or Territory, shall acquire anyright of pre-emption under this act; no lands included in any reservation, by any treaty, law, or proclamation of the President of the United States, or reserved for salines, or for other purposes; no lands reserved for the support of schools, nor the lands acquired by either of the two last treaties with the Miami tribe of Indians iD the State of Indiana, or which may be acquired of the Wyandot tribe of Indians in the State of'Ohio, or other Indian reservation to which the title has been or may be extinguished by the United States at any time during the operation of this act; no sections of land reserved to the United States alternate to other sections granted to any of the States for the construction of any canal, railroad, or other public improvement; no sections or fractions of sections included within the limitsof any corporated town; no portions of the public lands which have been selected as the site for a city or town; no parcel or lot of land actually settled and occupied for the purposes of trade and not agriculture, and no lands on which are situated anv known salines or mines, shall be liable to en

try under ami by virtue of the provisions of this act. And so much of the proviso of the act of twenty-second of June, eighteen hundred and thirty-eight, or any order of the President of the United States, as directs certain reservations to be made in favor of certain claims under the treaty of Dancing Rabbit creek be, and the same is hereby, repealed; Provided, Tnat such repeal shall not affect any title to any tract of land secured in virtue of said treaty. Sec. 11. Andbe it further enacted, That when two or more persons shall have settled on the same quarter sec'-ion of land, the right of pre-emption shall be in him or her who made the first settlement, provided such persons shall conform to the other provisions of this act; and all questions as to the right of pre-emption arising between different settlers shall be settled by the register and receiver of the district within which the land is situated, subject to an appeal to and a revision by the Secretary of the Treasury of the United States. Sec. 12. And be it further enacted, That prior to any entries being made under and by virtue of the provisions of this act, proof of the settlement and improvement thereby required shall be made to the satisfaction of the register and receiver of the land district in which such lauds may lie, agreeably to such rules as shall be prescribed by the Secretary of the Treasury, who shall each be entited to receice fifiy cents from each applicant for his services to be rendered as aforesaid; and all assignments and transfers

of the right hereby secured prior to the issuing ot the

I the land is situated (who are hereby authorized to ad

minister the same) that he or she has never had the benefit of any right of pre-emption under this act; that he or she is not the owner of threehundred and twen

ty acres of land in any Stale or Territory of the United States.' nor hath he or she settled upon-and improved said land to sell the same on speculation, but in good faith to appropriate it to his or her own exclusive use or benefit; and that he or she has not, directly or indirectly, made any agreement or contract, in any wa'j or manner, with any person or persons whatsoever by which the title which he or she might acquire from the Government of the United States should enure, in whole or in part, to the benefit of any person except himself or herself; and if any person taking.such oath shall swear falsely in the premises, he or she shall be subject to all the pains and penalties of perjury, and shall forfeit the money which he or she may have paid for said land, and all right and title to the same; and any grant or conveyance which he or she may have made, except in the hands of bona hie purchasers, for a valuable consideration, shall be null and Vaid. And it shall be the duty of the officer adninisiering such oath to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that .ucti oath was administered according to law. . ' 4, . ' Sec. 14.. Andbe it further enacted, That this act shall not delay the sale of any of the public lands of the United States beyond the time which has been, or may be, appointed by the proclamation of the President, nor shall the provisions of this act be available to any person or persons who shall fail to make the proof and payment, and file the affidavit required before the day appointed for the commencement of the sales as aforesaid. Sec. 15. And be it f 'urther enacted, That whenever any person has settled or shall settle and improve a tract of land, subject at the time of settlement to private entry, and shall intend to purchase the some under the previsions of this act, such peison shall in the first case, within three months after the passage of the same, and in the last within thirty days next after

the date of such settlement, file with the register of

the proper district a written statement describing the

land settled upon, and declaring the intention of

such person to claim the same under the provisions of

this act; and shall, where such settlement is already made, witiin twelve months after the passage of this act, and where it shall hereafter be made, within the same periid after the date of such settlement, make the proof, affidavit, and payment herein required; and if he or she shall fail to file such written statement as aforesaid, or s hall fail to make such affidavit, proof, and payment within the twelve months aforesaid, the tract of laid so settled and improved shall be subject to the ent'y of any other purchaser. Sec. 16. And be it further enacted, That the two per cent. f the nett proceeds of the lands sold, or that may hereafter be sold by the United States in the State of Mississippi, since the first day of December, one thousand eight hundred and seventeen, and by the act entitbd "An act to enable the People of the western part af the Mississippi Territory to form a Constitution and State Government, and for the admission of such Sate into the Union on an equal footing with theorigiilal States," and all acts supplemental thereto, resened for the making of a road or roads lead

ing to said State, be, and tho same is hereby, relinnnisherl to the State of Mississippi, payable in two

eaual instalments; the first to be paid on the first of

May, one fhousand eight hundred ana roriy-cwo, uuu the other .qn the first of May, one thousand eight hundred and forty three, so far as the same may then have accrued, and quarterly, as the same may accrue, after said perioil: Provided, That the Legislature of said State shall pass an act, declaring their acceptance of said relinquishment in full of said fund, accrued and accruing, and also embracing a provision, to be unalterable without the consent of Congress, that the whole of said two per cent, fund shall be faithfully applied to i Vip rnnstrnction of a railroad, leading from Brandon,

in the State of Mississippi, to the eastern boundary

of said Stale, in the direction, as near as may oe, oi the towns of Selma, Cahaba, and Montgomery, in the State of Alabama. Sec. 17. And be it further enacted, That the two per cent, of the nett proceeds of the land sold by the United States, in the State of Alabama, since the first day of September, one thousand eight hundred and nineteen, and reserved by the act entitled "An act to enable the people of the Alabama Territory to forma Constitution or State Government, and lor the admission of such State into the Union oi . an equal footing with the original States," for the r.kng of a road or roads leading to the said Sta'j, be, and the same is hereby, relinquished to the iaid State of Alabama; payable in two equal instalments, the first to be paid on the first day of May, one thousand eight hundred and forty-two, and the other on the first day of May, one thousand eight hundred and forty-three, so far as the same has accrued, and quarterty, as the same may hereafter accrue: Provided, That the Legislature of said State shall first pass an act declaring their acceptance of relinquishment, and also embracing a provision, to be unalterable without the consent of Congress, that the whole of said two per cent, fund shall be faithfully applied, under the direction of the Legiulature of Alabama, to the connexion,

by some means of internal improvement, or uie navigable waters of the bay of Mobile with the Tennessee river, and to the construction of a continuous line of internal improvements from a point on the Chattahoochie river, opposite West Point, in Georgia, across the State of Alabama, in a direction to Jackson, in the State of Mississippi. JOHN WHITE, Speaker ot the House of Representatives. SAM'L- L. SOUTHARD, President of the Senate pro tempore

Approved, September 4, 1841. W V JOHN TYLER.

Sec. 13. And be it further enacted, 1 hat before any

person claiming the benefit of this act shall be allowed to enter such lands, he or she shall make oath before the reeeiver or register of the land district in which

Preparation of Seed Wheat. The time to procure pure seed for fall sowing, is to make your calculations as to kind, quantity, &c. before your wheat is ripe, and then from your field select a part that will yield what you wish, and, by repeated careful examination, free it from every thing that is not wheat. Wheat may be used pure in this way much more certainly than in any other, and we know many farmers who find their account in this method, not only from the almost perfect immunity it gives them from weeds, but in the sales of their wheat at higher rates, owing to the superiority of the rrticle. No seed is fit to sow that has been injured by heat in the stack or mow. Tho ininrv mav be but partial, still the young plant

will feel the effect, or it may prevent the growing of

the grain altogether. We believe that it may be considered a settled point, that all seeds should be thorni.rri.lv maturpd to rive perfect vigorous plants, and

that a neglect of this will always produce loss to the farmer. We have known two ways which have been

adopted successfully to procure the best of the wheat for seed, and as the trouble is not great, farmers who use but small quantities of seed may find their account in trying one or the other. The first is what is called casting the seed. . In this method the farmer

casts his wheat, a handfurat a timei some thirty feet, or the length of his barn floor, and that which goes the farthest, being of course the plumpest and heaviest, is to be reserved for the seed. Ir. the second method, the sheaves of ripe wheat are struck across a barrel or log, something in the manner of threshing flax, rather lightly, and as none but the ripest and best wheat will in this way be shelled, it gives good seed. There is too little attention paid to seed wheat generally; the best not being selected, or its tendency in the hands of the ordinary farmer to degenerate, not being counteracted by change of seed. Cultivator.

TOMATO FIGS. Patent Office, July 10, 1841. Dear Sir---Thc medical qualities of Tomatoes have greatly increased their cultivation, and every new . preparation of the article is deserving consideration. A sample of "Tomato Figs" have just been deposited at the Patent office of a very superior quality. From ; the taste I should suppose all the good qualities of the fruit are retained. In appearance the drum of tomatoes resembles figs so nearly, that they might be easily mistaken for the same. The sample is deposited by Mrs. Steiger, of this city, and the recipe transmitted with it is enclosed for publication. It is deeply to be regretted that since the periodicals of the day are open to communications, that so many valuable improvements are lost to the world barely for the want of publicity. Others may have dried the tomatoes with a recipe, however, less successful. Very respectfully, H. L. Ellsworth. Hon. J. S. Skinner. Recipe. Take six pounds of sugar to one peck (of 1G lbs,) of the fruit in the usual way. Cook them over a fire, their own juice being sufficient without the addition of water, until the sugar penetrates and they are clarified. They are then taken out, spread on dishes, flattened and dried in the sun. A small quantity of the syrup should be occasionally sprinkled over them whilst drying; after which, pack them down in boxes, treating each layer with powdered sugar. The syrup is afterwards concentrated and bottled for use. They keep well from year to year and retain surprisingly their flavour, which is nearly the quality of fresh figs. The pear shaped or single tmato answer the purpose best. Ordinary brown sugar may be used, a large portion of which is retained in the syrup. Amer. Parmer. Elephant in a Quicksand. On the banks of the river there are many quicksands; and during this expedition a somewhat distressing scene happened. An elephant incautious'y came within the vortex of one: first one foot sank, then another; and in endeavoring to extricate himself, matters became worse; no portion of either of his legs was at last visible, and the bystanders had given up the poor animal as lost: being, fortunately, unusually powerful, he three several times, with what appeared to all supernatural strength, drew a foot from the closely clinging earth, placing it where, by sounding with his trunk, he found most solidity; not until the third time did the ground hear his pressure, when he gradually released himself. During the whole period of his troubles his cries were exceedingly dolorous, and might have been heard a couple of miles: his grunt, when they were at an end, was equally indicative of satisfaction. The internal application of a bottle of strong spirits dissipated histrembling and restored his equanimity. Many unfortunate elephants are lost in these treacherous sands, when large quantities of grass or branches of trees are not at hand to form an available support for them. After a certain time the poor beast becomes powerless; and the owner can then only look with sorrow at the gradual disappearance of his noble animal, and lament the pecuniary loss he thereby suffers, for all human aid is futile. They have been known to be twelve hours before entirely sinking. r A DELIGHTFUL SCENE. We understand that Captain Moore, of the United States Navy, recently, for the first lime since his station at this' place, shipped a crew on board his vessel. At night, he informed them that he was in the habit of reading his Bible every night, and if they chose, they might join him; and all, with one accord, came forward, so that the open skylights above the cabin were surrounded with heads, intently lissening to the voice of their commander, as he read the word of life. He then commended them to God, and bid them good night. Soon after, there came along a pleasure boat, with a parly of gentlemen and ladies, who were engaged, agreeable to the apostolic injunction, being merry, in singing Psalms. As they came near, some of the crew sung out, "Captain, we know that tune!" "Well," replied he, "strike the next verse." So they all struck in, and sung the following verse with great enthusiasm, and the compliment was returned from the boat with waving of handkerchiefs. &c. As the boat, passing round, again neared the ship, the sailors called out, "Captain, we know the Missionary hymn!" "Well, then, sing it," ho replied. So they struck up, at the top of their voices From Greenland's icy mountains, &c." And thus, instead of the evening being passed in the forecastle, singing obscene and profane songs, as often it is with seamen, they were lingering about the Captain's door, singing hymns, till time to "turn in." Bost. Recor.

Ruins of Pompeii At Pompeii, the Romans revive; the houses are ornamented with picturesque paintings; the cellars are stocked as well as the ta-

v Dies, in more tiittii one uciiui, tucic uo Ttiund on the table, and the skeletin of the guests a-

round it! you arrive by a suburb wholly lined by Komin tombs, and walk over a Roman pavement, worn out by Roman vehicles; you may enter the inns therte are stables w ith the rings to fasten the horses, cloeei by is the farier, with his sign over his door. If you penetrate into one of those tombs, you will find urns, containing ashes, hair and fragments of calcined bones. Every where are displayed inscriptions unaffected and touching, such as the epitaph dedicated by a woman to her husband, Sci v ilia to the friend of her soul. Above thirty streets of Pompeii are now restored to linht, it is a third part of the town. The walls which formed its ancient enclosures have been recognized. A mignificent amphi-theatre, a theatre, a forum, the temple of Issi, that of Venus, and a number of either buildings, have been cleared. The secret stairs by which The priest of those days slily crept to prompt the oracle have been discovered. Murate employed on those ruins 2000 men every year. Only 60 men and 1000 are now employed upon them. Boston Recorder.'