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BY A. S. JOHNSTON. NEC DEESSE, NEC SUPERESSE REIPUBLlCiE. VOL.. 23-JfO; 7. COLUMBIA, S. C. FEBRUARY 18, 1837. / //' C . ? PUBLISHED WeSly. $3 PER ANNUM - J LJL J. TIIE 90&UKBL&. TSLSSSOPS IS PUBLISHED BY A? S. JOHNSTON, Every Saturday Morning, Lit) EVERY WEDNESDAY AND SATURDAY MORNING D7RING THE SESSION OF THE LEGISLATURE. TERMS : Three dollars per annum, if paid in advance, or Four dollars at the end of the year. Advertisements conspicuously inserted at 75 cents per square for the first insertion, and 37 i cents for every subsequent insertion. All advertisements ordered m the inside every publication ? or inserted otherwise than regularly, to be charged as new tor every insertion. Advertisements not having the number of insertions marked on them will be contin ued till ordered out, and charged accordingly. All accounts for advertising, above $25 and under $50, 25 per cent, deduction? a'->ove $50, 40 per cent, de duction. Ague and Fever, And every Symptom of General Debility , SPEEDILY AXI^ERMANENTLY CURED BY COSTER 4- COXE'S Original SOUTHERN TO. VIC, ^tOSTER & COXE, the inventors of this cele braled medicine, from a long residence in the South, and from the nature of their vocation, have been brought immediately into contact with the Ague and Fever in its most obstinate forms, and have frequently been compelled to witness the en-1 tip* want of success in the practice of tne most sfcjfiful Physicians. The usual and popular mode dRieatingthis disease has been, first to evacuate the ttomach and -bo wcls, and then resort to the use of Tboican-of which class of Medicines a very great ] variety have been recommended to the Public ? all of/ufcjell have had their advocates, and that which has been by. Ikr the most popular one, has been Peruvian Bark and its preparations, particu larly that of Quinine. There are insurmountable objections to the administration of Quinine, as to most individuals, (when carried to a salutary point,) it produces a roaring in the ears, nausea, and a headach, very similar to a billious headach ; and wben it effects a cure it is seldom permanent- It was the hope of avoiding this state of things that iaieeed us to try "the Southern Tonic," and we are happy to say that its success has surprised even us, As there is no Arsenic, Mercury, or any thing in tike hast hurtful to the human constitution in it, therecaa be no objection to the administration of the Southern Tonic to the most tender infant : in deed it will be found the most delicate and effective Medicine known in those cases of Disorganized Stomach and Bowel*, and of general debility, which so frequently present themselves in children. We subjoin the opinions of a few Individuals. From Col. JNO B. HOG AN, Collector of the Port oi Mobile ? formerly Senator from the counties of Mobile, Baldwin, &c. Acting Adj. and Inspector General of the Army in the recent Creek Cam paign, &c. Mobile, Aug. 18, 1836. Gevtlemex ? During the late Creek Campaign, I was attacked violently with Bilious Intermittent Fe ver, which for sevenu days confined me to my quar ters at Tallassee. Your "Southern Tonic" was re commended to me, and my friend Dr Bussey, actu ally rode from Tallassee to Montgomery and back in one to procure me a bottler_ which entirely re lieved me, and enabled me, before I had taken half the quantity, to proceed on and join the army on Hatchachubba. Since my return home my son was attacked, and I sent into the city for your Tonic, and regretted to learn there was none for sale in Mobile. Cannot you send some to this place, so that our citizens may enjoy the benefits of the best ?fecffcifl# of this sort I have ever tried? Your at tention to this reqnest wiH confer a favour on the afflicted, and oblige one who has already experienced its beneficial effects. Your obd't. serv't. JNO. B. HOGAN. | From J. R. M'LEOD, M. D. Montgomery, Nov. 1835. Messrs. Coster & Coxe: Gentlemen ? I have used your Southern Tonic in a number of cases, and I have no hesitation iu saying, that I have found it decidedly more effica cious m Ague and Fever than the remedies in gen eral use. Its great merit is its judicious combina tion of Stimulant, Purgative, itiuc and Diaphoretic qualities. Respectfully, J. R. M'LEOD. Extract from a letter from Capt. STRINGER, of the i U. S. Army. Tallassee, June 13, 1836. Governor Clav of this State is with us, and has frequently introduced the mention of the areat re lief he received from the use of your Southern I "Tonic in my presence. It is evident he is assured i {hat he is> indebted to your medicine for his speedy recovery from his recent severe indisposition. His i ?00 d opinion of it is certainly a high compliment. Yours, Truly, THOMAS STRINGER. | Montgomery, June 30, 1836. Messrs. Coster & Coxe : Gentlemen ? I have used your Southern Tonic ; ?with unparalleled success. I cured four cases of j Ague and Fever permanently with one bottle of t n is invaluable mndicine. JESSE H. MOSELY. FROM AGENTS. Cahawba, Augusts, 1836. Messrs Coster & Coxe : Gentlemen ? It affords us pleasure to add our testimony, founded on experimental knowledge, to : prove the efficacy, and establish the reputation, of i your invaluable Southern Tonic. W e have sold all you sent us except two bottles, which were broken, and we have not heard of its foiling in the first instance. You will please send us 10 dozen bot tles by the first opportunity, without fail, and oblige yours, &c. HARVEY & CREIG. Prom our representative to the Legislature, Col. Jno. A. Campbell. Gentlemen* ? No medicine stands so high in my estimation as your Southern Tonic, tor the cure of i Ague and Fever. I used it at first by the advice of , my family Physician, with success, and its effects apes more recen: cases have been equal y gratify- i log. Your's, truly, JNO. A. CAMPBELL. From Wm. M'Lemore, Esq. a member of the Legis lature, Alabama. Montgomery County, Dec. 1, 1S35. Messrs. Coster & Coxe : Dear Sirs ? I feel gratified by this opportunity of testifying to the merits of your "Southern Tonic." ; I have used it in many cases in ray white and color ed family, and not one case failed. In short, I assure the public that it is in my op nion, the best medicine for the cure of Fever and Ague now in use. Very respectfully, yours, WM. M'LEMORE. From Major J. B. MORSE. Dear Sirs ? I have been afflicted with Ague and Fever for along time, and although the remedies which were prescribed gave me temporary relief, yet none removed the cause of the disease, and thereby permanently cured me till I used your South ern Tonjc. It did so. This gave me great confi dence, and as I saw that you had recommended it in cases of debility, general weakness, and inactivity of the digestive organs. I induced my wife, who had been laboring under these symptoms for a year or more, to try it. She used one bottle with some evi dences of an increase of health, and a few bottles more taken in moderate doses entirely cured her. Respectfully, yours, J. B. MORSE. Prepared only by COSTER & COXE, at their Laboratory, Montgomery, Alabama, and sold by their Agents in every part of the United States, &c. Sold by D. & J. EWART, & CO., of this town, Agents for the sale of the Southern Tonic. Price, $1 50 per bottle, or $12 per Doz. January H 2 Potatoe Oats . JUST received a few bushels of this valuable grain, from Thorburn of New York, weighing 50 i lbs per bushel. Also three bushels of the eight that i Mr Pots of Chester raised from one quart of the Potato Oats, weighing 45 lbs to the bushel. At the Garden ? Apple Trees, Pear Trees, Green Gage Plumb Trees, Damson ditto, Peach do. Some ; very rare Fi* Trees; Ornamental Trees and Shrub bery ; 1000 Giant Asparagus Roots ; Chinese Olian ' thus or rree of Heaven, with leaves 4 feet long; ! Willow leaved Catalba, beautiful flowers ; Stercula i Platinafolia or varnish tree, leaves like a lady's para ! sol ; Moss Roses ; Lady Banksea Roses ; Velvet do. N.B. The subscriber can always be found at the 1 Seed Store or at the Garden. R. E. RUSSELL, jan 13 2 Seedsman and Florist. st-te of South Carolina. Sta? UNION DISTRICT. is CHWCERY. Willis Benson, et al. ^ ^ Partition. vs. 1 Elias Benson, et al. IT appearing to my satisfaction that Elias Benson, Gabriel Benson, Nancy Walker, Jeremiah Greg ory and Theresa his wife, W. W. Stokes, and his fcrife Elizabeth, late Elizabeth Foster, William B. Stokes, Melinda Stokes, Hiram Tatum and his wife Ellen, late Ellen Stokes, James Tiquor, and his wife Eliza, late Eliza Stokes, Peter Stokes, Jj*hn D Martin, and his wife Rachael, late Rachae Stokes, Rebecca Stokes, Nancy Stokes, and John F. Stokes, defendants in the above stated case, and heirs at Law of Abner Benson, late of Union dis trict, deceased, res beyond the limits of this State. It is therefore; on motion of Dawkins, Solicitor for complainants, ordered that the said defendan.s do plead answer or demurt to the bill in this case, within three months from the publication of this order, or the said Bih will be ordered pro confesso, as to them. Commissioner's Office, i Union C. H. Jan. 10th, 1837. $ D. WALLACE, C. E. U. D. January 21 3 3m DR. PETERS' Vegetable Jlnti* Bilious Pills. HAVING now acquired an exalted reputation in private practice by an invariable efficacy which could only have resulted from their exalted worth, has convinced the proprietor that he has only tomakethtem extensively known to render that re putation universal. i It is only a few years sir.ce these Pills were first presented to the Public, but in that time some thous ands of persons might be found who would solemnly declare that they believed their lives were saved by them, and in many cases after they had tried most and perhaps all the common remedies in vain. ? Where verlhey are known they are rapidly coming into use and this affords the most substantial and convincing proof of their merits They are composed entirely of vegetable matter, and honestly promise no more than they faithfully i perform. A physician of eminence who had witnessed the , efficacy of these Pills in his own private practice, j had the candor recently to acknowledge to the pro- i prietor, that he had never u?ed an article that answ cred a better purpose for what tiiev are recommen- ! ded,and that they ought deservedly lo stand at the I head of the whole class of such remedies. Perhaps , no article of the kind has ever been offered to the Public, supported by testimonials of a character so decisive, from sources as respectable, or that has met with more general favor. These Pills have been most successfully employ ed in almost every variety of functional disorder of the Stomach, Bowels, Liver, and Spleen; such as Heart Burn, Acid Eructations, Nausea, Head Ache, pain and distention of the Stomach and Bowels, In cipient Diarrhoea, Cholic, Jaundice, Flatulence, Habitual Costiveness, Loss of Appetite, Sick Head Ache, &c. They are a safe and comfortable aperient for females during pregnancy and subsequent con finement, relieving sickness of the Stomach, Head Ache, Heart Burn, and many incident Necvous Af fections; literary men, students, and most other per sons of sedentary habits, find them very convenient. Those who indulge too freely in the pleasures of the table, find speedy relief from the sense of op- j pression and distention which follow, by taking the j Pills. Those who are drinking Mineral Waters, and j particularly those from ague and fever districts, will find them a valuable adjunct. Those who are ex- ! posed to the vicissitudes of weather, on voyages or journeys, can take them at all times with perfect safety. Dr. P. having been educated under the most emi nent American and European Medical professors, and practised his profession many years in different climates, considers himself well qualified to judge of the nature of inveterate disease. Prepared by Joseph Priestly Peters, M. D, at his institution for the cure of obstinate diseases, by means of vegetable remedies, No. 129 Liberty street. N. Y. inventor and sole proprietor. Each box containing forty Pills. Price 50 Cents. DEATH AND DISEASE. yiens sana in, corpore sano ? 4 A mind well lodged, and masculine ofopurse.' Death met Disease the other day, And thus they gossipped on the way. Death ? How comes it friend, in every shape, You let so many folks escape? A few years back, and every elf Once sick, you laid upon the shelf. Dyspepsia then had power to kill ? Asthma defied the doctor's skill ? The lancet too at all times sought, Its hecatomb of victims brought; Then Costivencss could fatal prove, And Rheunuilisin no power remove, V simple cold where'er you went, A subject to my kingdom sent I low comes it then, that now-a days, Folks slip your gripe and go their ways? Astkrna subsides ? Dyspepsia's cured, Tlje lancrt is no more endured; The sick to day forget all sorrow, And laugh at both of us tomorrow. Disease ? Dread sire! I use all means I can. To abbreviate the life of man: I dog his footsteps from his birth, 'Till he returns to mother earth; And though 'tis true that my success Is daily growing less and less This satisfaction I can fee!, I have not slackened in my zeal ? I use all means I used of old; Changes of weather? hot an I cold; I give them colds; Igive them pains, 1 rack their bones ; I fire their veins; I poison them with rancid bile, In place of the digestive chyle, Yet all is useless ? nothing kills, Death ? How's that! Disease ? They ail take Peters' Pills. A large and fresh supply of these celebrated Pills with the Patent Vegetable Medicinas Stomachic? et Hepatic?, for the cure of Dyspepsia and Liver com plaints, Just received and for sale wholesale and retail by A. FITCH. Sole Agent for the City of Columbia. N\ B. Drugists and Country merchants will be sup plied at New York Prices. Dec.3 50 f 5 Very Prime Negroes and 1 Old Woman. W. B. Yates and wife,' v--. I A Wallace and Sally j C. Taylor. BY virtue of the Decree in Equity I will offer for sale on the first Monday in March next at the risk of the former purchaser, five very likely ne groes, and one old woman. LEWIS, a fine driver and very trusty, 40 years, ROSE his wife, 35, JIM, a likely boy, 13, JOSHUA, 12, GABRIEL, 5, OLD NANCEY, 70. 1, 2, 3, and 4 years credit, interest from date paya I ble annually, personal security and mortgago of I property. JAMES L. CLARK, C. E. R. D . | Feb. 9, 1837 . 6 Bill for account sale and division. In Equity? Laurens- i Ex Parte. ) ' ^ y ^ ' I Eobt. McNess, and [ Bill for Partition. wife and others. Y virtue of a decree of the Court of Equity made in the above case, will be sold at Lau rens Court House, on the first Monday in March next, all the real estate of David P. Snxon, dee'd. viz : the houses and lots situated in the Village of Laurens, fronting the Court House, adjoining lots of Fleming & Mills, and W. G. Davis, the lot lying on the road leading to Greenville CourtHouse, adjoining the Jail lot and Thomas B. Lockhart. Terms of sale, on a credit of one and two years (except the costs of Partition which are to be paid in Cash.) ? The purchaser to give bond and security, with a mortgage of the premises W. R. FARLEY, C. E. L. D. Feb. 6th, 1837 6 3t Splendid RealEstate forSalc John P. Smith, and Catherine G. Smith, vs. Judith W. Smith, and Jas. McD. Smith, Adm'x. and Adm'r. BY virtue of a decree of the Court of Equity I will oflW for sale on the first Monday in March next, before the Court House, thtt large and elegant three story Brick House, in the Town of Columbia, and the lot on which it is situated, fronting on Rich ardson street, 57 feet 4 inches, extending back on Taylor street, 263 feet more or less ; on the oorner of Richardson and Taylor streets, long known as a superb stand for a Public House, and at present occu pied partly by Jas- M' Fie, as a Dry Good and Groce ry Store, and dwelling, and sold subject to a lease of said Jas. M'Fie. Also a very good dwelling house, and the lot on which it is located in the rear of the said Brick house, on the north side of Taylor street and adjoining the house and lot lately occupied by W. E. Harvey, being the same premises occupied by Dr. George E. Smith, at the time of his death. Also one square of 4 acres of land in the said Town of Columbia, below the Steam Water Works, and well adapted for planting, bounded by Pulaski, Huger, Plain and Washington streets. Also 2 acres of land in the same neighborhood com posed of 4 lots known in the plan of the Town as Lots No. 9, 10, 11 and 12, bounded south on Plain street, east by Gadsden street, antl west by Wayne street. Terms, i Cash, ballance a credit of 1, 2 and 3 years, interest from date, good personal security, and a mortgage of the premises. JAMES L. CLARK, C. E. R. D. Feb. 9, 1887 6 South Carolina. SECRETARY'S OFFICE. Columbia, Feb. 6th, 1837, TO all whom it may concern, be it known that J. M'Pherson Lee, of Dallas county in the State of Alabama, lately appointed and commissioned by his Excellency, the Governor of this State, "a com missioner to take the acknowledgment or proof of any deed, mortgage, or other conveyance of any lands, ten - ements,or hereditaments lying or being in this State, or of any contract, letter of attorney or any other wri ting under seal to be used and recorded in this State, did on the 16th day of January last,take and subscribe aii oath before Sackfield Brewer Esquire, a Justice of the Peace in and for Dallas county, in the State of Alabama, "that he will faithfully perform all the du ties required of him under and by an act of the State of South Carolina, authorizing the appointment of commissioners to take the acknowledgments of Deeds, &c. in the several States and Territories, passed in December 1834," which said oath is duly filed in the office of the Secretary of State at Co lumbia, pursuant to the requisitions of said act. B. H. SAXON. Sec. of Stale. Splendid Fork hands IN EQUITY. Wm. Scott and wife, and others,") vs. Adam Edgar, Executor of Wm. j Bill for account, Edmondson and others, heirs and j Sale, and Divi representatives of Axton White- i sion. cotton. J BY virtue of the Decree in Equity, I will offer for Sale, on the first Monday m March next, all that well known Plantation i n the Fork of the Con garee and Wateree Rivers, whereon the late Axton VVhitecotton resided, between 600 and 1000 acres of first rate lands, in the best cotton region this side the Mississippi lands ? bounded by James Seay's lands, Bab Carter's, and George Pickering's, on: Joe's Branch. A more particular description will be sub mittted on the day of sale. Terms, 1, 2, 3, and 4 years credit, interest from date, bond, personal security, and a mortgage of premises. The purchaser will be re quired tupay sufficient money to defray the expens es of the suit and costs of sale, Also, at same time, a negro fellow, named Sharper. Credit one year, interest from date, bond, personal security anp mortgage. J. L. CLARK, C.E.R.D. Eebruary 11, 1837. 6 Selling* olFat Cost. j THE Subscriber intending to relinquish the Grocery business, offers for sale his entire stock of well selected GROCERIES, WINES, and LIQUORS, at reduced prices. Merchants and Families wishing to purchase will do well to call and examine the stock. The Subsriber will continue to keep on hand a general assortment of CROCKERY', CHINA and GLASS WARE. Together with the following articles : Knives and Forks, Astral Lamps, Looking Glasses, Waiters, Andirons, Shovels and Tongs, | Hearth Brooms, Bellows, Brass and Green Fenders, Floor Mats, Straw aud Hair Brooms, White Wash ; and Scrubbing Brushes, and every other article in I that line. I Together with a large assortment of BASKET I and WOODEN Ware. X. D MORDECAI. No. 3 New Brick Range. Feb. 11th, 6 4 1 Beat this who Can. B|7 E do challenge the world to simplify or im w ? prove the principle of Cooper s Tumbling Shaft horse power. It has only 2 small cast wheels, one with 29 cogs and the other 9, with which any motion or power that's reauired for Cotton Gins, horse Mills, turning Laythes, Wheat or Rice Machines, can be obtained. The cost is not half that of any of the old plans, is much easier propelled, and more durable. The said power 1s now in operation, in the lot of William W. Purse, Cabinet Maker, near the Com mercial Bank, where it can be seen at any time. Any person or persons wishing to purchase the right for Machines or Districts, will apply to Dr. Frede rick W. Green, our agent, just below the Branch Bank, who will make conveyances for the same. ROBERT M. MAUPIN, JOHN W. LANGHORNE. POETRY. From the American Magazine. THY NAME. j It comes to me when healths go round, And o'er tho wine the garland's wreathing The flowers of wic with music wound, Are freshly from the sublet breathing. From sparkling songs and sally gay, It comes to steal my heart away, And fill my soul 'mid festive glee. With sad, sweet, silent thoughts of thee. It comes to me upon the mart Where care in jostling crowd* is rife, Where avarice goads the sordid heart, Or cold ambition prompts to strife ; It comes to whisper, if I'm there ? 'Tis but with thee each prize to share ; For fame were not success to me, Nor riches wealth, unshared with thee. It comes to me when smiles are bright On gentle lips that murmur round me, -And .kindling; glances flash delight la oyes w-hose spell would one? have bound me . It comes ? but comes to bring alone Remembrance of some look or tone, Dearer than ought I hear or see. Because 'twas worn or breathed by thee. It comes to me where cloistered boughs Their shadows casttipon the sod, Awhi'e in Nature's fane my vows Are lifted from her face to God ; It comes to tell that all of worth I dream in heaven or know on earth, However bright or dear it be, Is blended with my thoughts of thee. DOMESTIC. LA\Y S OF THE UNITED STATES PASSED AT THE SECOND SESSION OF THE TWENTY FOURTH CONGRESS. [Public. No. 5.] AN ACT to provide for the payment of horses and other property lost or destroyed in the military service of the United States. Be it enacted by the Senate and House of Representatives of the United States of Ameri ca in Congress assembled, That any field, or staff, or othe- officer, mounted militiaman, volunteer, ranger, or cavalry, engaged in the military service the United States since the 18th June, eighteen hundred and twelve, or who shall hereafter be in said service, aud has sus tained damage, without any fault or negligence on his part, while ia said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or being so wounded shall be abandoned by order of his officer and lost, or shall sustain damage by the lossofany horse by death, or abandonment, in consequence of the United States failing to supply sufficient for age, or because the rider was dismounted and separated from his horse, and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command ordered or shall order the horse lurued out to graze in the woods, prairies, or commons, because the United Stales fail ed or shall fail to supply sufficient forage, and the loss was or shall be consequent there on ; or for the loss of necessary equipage, in consequence of the less of his horse as aforesaid, shall be allowed and paid the value thereof : Provided, That if any payment has been, or shall be made to any one afore said, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said payment shall be deducted from the va lue thereof, unless he satisfied or shall satisfy the paymaster at the time he made or shall make the payment, or thereafter show, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot : And provided, also, If any pay ment shall have been, or shall hereafter be made to any person above mentioned, on ac^ count of clothing, to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutremonts. Sec. 2. And be it further enacted, That any person who, in the said military service as a volunteer, or draughted militiaman, fur nished or shall furnish himself with arms and military accoutrements, and sustained or shall sustain damage by the capture or destruction of the same, without any fault or negligence on his part, c who jost or shall lose the same by reason of his being wounded in the service, shall be allowed and paid the value thereof. Sec. 3. And be it further enacted, That any person who sustained, or shall sustain damage by joss, capture, or destruction by an enemy, of any horse, mule, or wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such lpss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person who, without any such fualt or negligence, sustained or shall sustain damage by the death or abandonment and loss of any 6uch horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient foragp, shall be allowed and paid the value thereof. Sec. 4. And be if further enacted, That the claims provided for under this act shall be adjusted by the Third Auditor, under such rules as shall be prescribed by the Secretary of War, under the direction or with the assent of the President of the United States; as well in regard to the receipt ofapplications of claim ants, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the President shall be calculated to obtain the object of this act, paying a due regard, as well to the claims of individual justice as to the interests of the United States, which rules and regulations shall be published for four weeks in such news papers in which the laws of the United States are published as the Secretary of War shall direct. Sec. 5. And be it further enacted, That in all adjudications of said Auditor upon the claims above mentioned, whether such judg ment be in favor of, or adverse to, the claim, shall be entered in a book provided by him for that purpose, and under his direction , and when such judgment shall be in favor of such claim, the claimant or his legal repre sentative* shall be entitled to the amount thereof, certified by said Auditor at the Trea sury of the United States. I shall be, engaged in the military service o" the United States, and was, or shall be provided with a horse or equipments, or with military accoutrements, by hid parent or guardian, and has dird, or shall die, without paying for said property, and the same ha? been or shall be lost, captured, destroyed, or ab&jldoned in the I manner before mentioned, said parent or guar dian shall be allowed pay therefor, on making satisfactory proof as in other cases, land the further proof that he is entitled thereto, by having f irnished the same. Sec. 7. And be it turther enacted That in all instances where any persoi other than a minor, has been or shall be^engaged in the military service aforesaid, and bas b?en or shall be provided with a horse or equipments, or with military accoutrements by any person, the owner thereof, who has risked or shall take the risk of such horse equipments or-miliUry accoutrements on himself, and the same has been or shall be lost, captugis&i-destr&jted, ot abandoned in tira hianaar-terete * mentioned, such owner shall be allowed pay therefor, on making satisfactory proof as m other cases, and the further proof that is entitled thereto, by having furnished the same, taken the risk on himself. Sec. 8. And be it further enacted, That the act passed on the nineteenth of February, eighteen hundred and thirty three, entitled "An act for the payment jf horses and arms lost in the military service ot the United States against the Indians on the frontier of Illinois and the Michigan Territory," and an act passed on thirteenth of June, eighteen hundred and thirty-four, entitled "An act to provide for the payment of claims for property lost, captured or destroyed by the enemy, while in the military service of the United States, during the late war with the Indians on the frontier of Illinois and Michigan Terrh tory," be and the same are hereby repealed. Sec. 9. And be it further enacted, That this act shall be and remained in force until the close of the next session of Congress. JAMES K.POLK. Speaker of the House of Representatives. m. vanburen. Vice President of the United States , and President of the Senate. Approved, 18lIi Jan. 1837. ANDREW JACKSON. WAR DEPARTMENT, ) January 25, 1837. \ Rules in Relation to Claims, Provided for by an act of Congress passed 18th Jan^ uary, 1837, entitled 44 An act to provide for the payment of horses and other property lost or destroyed in the military service of the United States," prescribed m pursuance of the 4th section of the said act. All claims under the provisions of this act must be presented at tho office of the Third Anditor ofthe Treasury Department before the end of the next session of Congress, and each must be substantiated by such evidence as is hereinafter designated, with respect to cases cf the class under wbicb it falls. FIR8T OASS OF CLA8ES. By the first section of the law it is enact^ ed : 44 That any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or ca valry, engaged in the military service Sf the United States since the 18th of June, 1812, or who shall hereafter be in said service, and has sustained or shall sustain damage, without fault or negligence on his part while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died, or shall die, of said wound, or being so wounded, shall be abandoned, by order of his officer, and lost, or shall sustain damage by the loss of any horse by death, or abandonment, in consequence of the United States failing to supply sufficient forage, or bccause the rider was dismounted and separated from his horse, and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command ordered, or shall order, the horse turned out to graze in the woods, prairies, of commons, because the U. S. failed, or shall fail, to supply sufficient for* age, and the loss was or shall be consequent thereou. or for the less of necessary equipage in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the valus thereof: Provided , That if any payment has been or shall be made to any one aforesaid, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said pay ment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the pay master, at the time he made or shall make the payment, or thereafter show by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot. And provided, also, if any payment shall have been, or shall hereafter be made, to any per son above mentioned, on account of clothing, to which he was not entitled by law, such payment shall be dedueted from the value of his ho:se or accoutrements." To establish a claim under this provision, the claimant must addnce^the evidence of the officer under whose command he served when the loss occured, if alive, or? if dead, then of the next surviving officer; describing tlje pro perty, the value thereof, the time and manner in which the loss happened, an J whether or not it was sustained without any fault or neg ligence on the claimant's part. The evi dence should also, in case the claimant was remounted, rfter the loss, state when he was retnouunted, how long he continued so, a :d explain whether the horse whereon he was remounted had not been furnished by the United States or been owned by another moun ted militiaman or volunteer, to whom payment for the use and risk thereof, or for its ftfrage, whilst in the possession of the claimant, may have been made; and if it had been thus own ed, should name; the person, and the command to which he belonged. And in every instance in which the claim may extend to equipage, the several articles of which the same consis ted, and the separate value of each, should be specified. SKCOND CLASS OF CASES. The second section oJ the law enacts; ?* That any person who, in the said military service as a volunteer or draughted militiaman, furnished or shall furnish himself with arms and military accoutrements, and sustained or shall sustain damage by the capture or des truction of the same, without any fault or negligence on his part, or who lost or shall lose the same by reason of his being wounded in m ?ec. 0. And be it further enacted, That I m all instances where any minor has been or tF | 'h ? sen i?<\ shall be allowed and . aid the t J I ue ?.hereof." ?? I Each claim under this provision must be ? i pstab'ishcd by the evidence of the officer who j commanded the clai nant when the k-et hap . p?*ned, if alive; or, if dead, then ofth* next { surviving officer; describing the several articles I lost, the value o^ each, whether or not the ?atn? were f irnished by the claimant, in what way, and when the loss occurred, and wheth er or not it was sustained without any fault or negligence on his pait. THiaO CLASS or cases. The third dection of the law tnapts *' That any person who sustained ot sfrfcll sustain damage by the Io*s, eaptUre, ar des truction, by an enemy, of any horse, mulei or wagon, cart, boat, sleigh, or harness, while such property was in tha militiary aervice of - the United states, either by impressment or contract, except, in cases ^lief? tb? risk t ct whicb the pr'perty^ ^ild be expw^ was agreed to be incurred byOie OWner, iHt shall apjwHu-tbat such lose, capture, or destruction was wftkotltmny fault or negligence on the part of the ofeaer; and any person, who w>th out any fault or t*or]igence sustained or shall sustain damage by* df&th or "abandonment and loss of any such h6ne, male, or ox, toljle in the service aforesaid, fn consequence of the failure, on the part of the Ufeked Statas, to furnish the same with sufficientYorage, s half be allowed and paid the value thereof." ! To establish a claim under this provision, it will be necessary to produce the testi ! mony of the officer or agent of the United States who impressed or contracted for the i property mentioned ift such claitn, and also of t|ie officer under whose immediate com mand tho same was employed at the lime of capture, destruction, loss, or abandonment ; declaring in what way th3 property was tak en into the service of the United States, the value thereof, whether or rtot the risk to which it would be exposed was agreed to be incurred by the owner, whether or not, as regarded horses, mules, or oxen, he engaged to supply the same with sufficient forage, in what man ner the loss happened, and whether or not it was sustained without any fault or negligence on his part. j The sixth section of the law enacts. **That in all instances where any minor has been, or shall be engaged in the military ser vice of the United States, and was gt shall be provided with a horse or equipments, or with military accoutrements, by w his parent or cruardian, and has died, or shall die, ^ I paying for said property, and the same has been, or shall he lost, captured, destroyed, or abandoned, in the manner before mentioned , said parent or guardian, shall bo allowred P*./ therefor, on making satis factory proof as m other eases, and the further proof that Ue is t entitled thereto,by having furuisfcod the same. A parent or guardian of a deceased minor, will, therefore, in addition to such testimony applicable to his claim as iapreviously deacrib ed, have to fuijiish proof that he provided the minor with the property therein mention ed ; that tho minor died without pajFiflfcJ&ir such property; and that he, the parent or guj? dian is entitled to payment for it, by his having furnished the same* The seventh sectjpn of the bw enacts; ??That in all instances where any person, other than a minor, has been or shall be en gaged in the military service aforessid, and has been, or shall be provided with a horse or equipments, or with military accoutrements, by any person, the owner thereof, who lias risked, or shall take the risk of such Ijttse, equipments, or military accoutrements on him self, and the fame has been or shall be lost, captured, destroyed or abandoned in the man ner before mentioned, such owner shall be aN lowed pay therefor, on making satisfactory proof as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on him self" ^ Besides the testimony in support of li? claim herein before required, every such ?**-+-' cr, therefore, will have to prove that he dul provide the horse, equipments, Or military ac coutrements therein mentioned, and took the risk thereof on himself, and, that he is entitled , to pay i her for, by having furnished fhesame, taken he risk thtr?or, on himself; andthis rt?d proof should be contained in a deposition of the person who had been so provided by him with such horse, equipments, or military ac* coutrements. . ' ' . 44, In no case can the production Of the evi dence previously described, be dispensed with# unless the impracticability of producing* be .< clearly proved, and then tbe nearest andjpest other evidence at *bich tie case may beeur* ceptible, must be furnished in liett thereof, *. Every claim must be accompanied by a d** position of the claimant, declaring thstp haar^ not reeeited from any officer or agent of th* United Statea any horse or horses, equipage, arms, accoutrements, mule, wagon, cart, boaV aleiirh, or harness, fas the ca**n*y be,) ia lieu ofthe property be loet, nor ntfy compsn* sation for the same, and be eupported, if prac* ticable, by tho original valuation list, made by the appraisers ofthe property, at the time the same was taken into the United States set V1C8. * * . All evidence, ether than the certificates of officers, who at the time of giving them, were in the military servico of the United States, must be sworn to before some judge, justice of the peace, or another person duly authorized to administer oaths, and of which authority, proof should accompany tbe evidence* B, F. BUTLER. Secretary of War ad interim. Approved, January 1837. PP ANDREW JACKSON. Treasury Department. Third Auditor* i Office , January 20, 1837. Each claioiaol can have the sum, wfiich may be allowed on his claim, remitted to hira direct on his signifying" a wish to that effect, and naming the place of his residence; but if the money is to be remitted or paid to any other person, a power of attorney to him from the claimant, duly executed and authenticat ed, should be forwarded with the claim. To facilitate the requisite searches, and avoid delay in the adjustment of the claims, each claimant should name on his paj>ers the paymaster or other disbursing officers,by whom he was paidfor the services ofjiimself, horse, wagon, cart, team* boat, ^ VZT&R8AGmR+AudUo%