Columbia telescope. (Columbia, S.C.) 1828-1839, February 18, 1837, Image 1
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%