The Independent Monitor from Tuscaloosa, Alabama • 2

mend it to the House. But they feel unce of Purler's Reports, and the beginning of POETRY. From tht Charleston Courier. 1 BANKRUPT LAW. In compliance with tho request of mercantile and Sol Perteel, free persons of color, igtiiOO each, and other persons ubout ,3,000 making in all the probable loss by tho hurricane in New Town, of So or 30 Ihousund dollars worth of properly.

In this estimate wo liuvu not included the large Ware-houso nenr tho wharf, which was mostly unroofed, and sonic of the cotton blown into the river. directed, or required in und by the said act of Congress, Dated, Signed by the petitioner. of jural to the foregoing. United Stales of America, District of as; On this day of D. 18 personally appeared the pclitioncr above named, and being duly (sworn) mudo solemn oath that tho foregoing petition by him signed is true.

appreciated, wc relnle briefly (he nubslunce of Ihe calumny. Tho Editor of ihe Journal in his paper of the Solh January, under the head of "un anecdote of Mr. Webster," i latrs that tho young and beautiful wife of one of the clerks iu his Do. parlmcnt, appealed lo Mr, Webster for such addj. lionul employment for her husband us would sc.

cure them a maiiiluinance and Ihat she would bo glad of copying, in which lubor she might as. fist her husband. The article charges lhal Mr. Webster invited her into an adjoining room, to see a specimen of her wriling, and Ihat ho passed with her to a third and fourth room, where ho altcmplcd liberties which the lady repelled wilh a scream, and that several cleiks rushed in, among whom was her hus'uund I On being in. formed that such a crime had been imputed to him by llic Kdilor of the Journal, Mr.

Webster published ufliiliivils of himself, and every clerk in the depart ment, utterly denying any such charge, anil all color of foundation for it. This foul and fiendish assault on the reputation of one who has rendered such valuable services to his coun. try, mid whose intellect has ehed a lustre on the American name, bus done that for Ihe Editor of the Journal, himself, which his malignity and scandal has long essayed against so many others destruction of character. Tho name of Goo, D. Prentice, though associated with the gem of wit and poetry, will suffer a dark eclipse; it can be repeated only in disgust and condemna.

lion. Ought ho nut lo have known that our na. tional morality would sutlW abroad by such a base allegation against the Head of our Foreign Relations? that the charge, however false and despicable, would fly on the wings of Ihe wind, and be echoed where its refutation could never follow What man, with an American heart in his bosom, would not blush for tho honor of his country, at the circulation of such an infamous libel? And yet strange to say, an individual-prominently connected wilh Ihe public press; one whose talents, if directed by virtuous ambi. lio'n, would have left him lillle to covet, is found capable of stubbing the character of a citizen who is proudly identified with the glory of his country Shame on poor, degraded human nature. Is it possible that a beastly appetite for scandal; a low criminal vanity of wounding the peace of the innocent, and a fiendish pleasure, in darkening the domestic fireside, have led tha author of that calumny into his unenvied posi.

tion What else can it be 1 no pride ol opinion concerning it; and, if in error, they aro ready lo follow the lead ot better lights, it better there be, from other quarters; being anxious only to minister to the wel- lare ot the people whom they repre sent. It remains now for Congress to act in the matter; tho country demands that in some way we shall act; and the times appeal to us to act with decision, with moderation, with im partiality, with independence. Long enough the question of the national finances has been the sport of passion and the battle-cry of party. Foremost of all things, the country, in order to recover itself, needs repose and order for its material interests, and a settled purpose in that respect (what it shall be is of less moment, but at any rate some settled purpose) on ihe part of the Federal Government. If careless of names and solicitous only for things, aiming beyond all intermediate objects to the visible mark of the practicable and attainable good if Congress shall in its wisdom concur at length in some equitable adjustment of the currency question, it cannot ail to deserve and secure the lasting gratitude of the People of the United States.

MOxlT()R. STEPHEN F.MILLEK. Editor. M. l.

J. Publisher. 9L.l!ri DESTRUCTIVE TORNADO Scurccly hud a fearful disaster, which we an. nounccd last week, ceased to agitate our city, before another, of the most appalling kind, followed on Friday morning last, 4lh hist. About sunrise, a sudden gust of wind, accompanied with rain, swept over the city, prostrating trees, fences andchimnicsinits course.

The damage, however, within the chartered limits was comparatively trilling to that sustained by our neighbors of New town, bordering west of us. 1 heir situation was soon made known to us, and large numbers of our citizens repaired thither to afford any aid in their power, and to witness the extent of in jury done. But what threw a deep melancholy over the scene, which the loss of no amount of property would have occasioned, was the death of an amiable and lovely young lady, Miss Mar. garet Cummings, who was crushed by the full of her fathers dwelling. That sad event filled every bosom with anguish and sympathy, for her untimely fate, and the distress of her devoted parents and relatives.

Her lifeless remains were taken to the residence of her brother-in-law, Mr. E. Cooper, from whence they wore followed to the grave, next day, by a largo concourse. The funeral service was performed in the Methodist Church, by the Rev. Mr.

Kx.vrr, who read the lesson, and the Rev. Dr. Owes, who delivered a brief, but appropriate discourse on ihe melancholy occasion. Among the principal sufferers, we may enumerate Capt. Cummings.

Capt. Kidder and Mis. Levin, of whom occupied large brick dwellings, which the violence of the tornado swept into atoms. Mrs. Lewin, a lady of advanced age, was seriously injured by the falling timbers; one of her thighs was broken and the oilier much bruised.

One or two other members of her large family were also injured. It was indeed miraculous that amid such peril, so many escaped with their lives. The upper story, including several of the bed rooms of Capt. Kidder's house, was blown entirely off. As to the large set of buildings occupied by Mrs.

Lcwin as a house of en. terlainmcnt, which accommodated some fifty or sixty members of the Legislature, not a brick or piece of timber was left in its place. The very foundation was torn up. The second story, and one entire wall of Capt. Cummings house was taken away.

The frame dwelling of Mr. Fonvillc, was an entire wreck; and as the sides fell in, it seemed that there was no vacant spot in which Ihe life of the smallest person could have been preserved, and yet, providentially, his family escaped. We are informed that tho lunr-cane came, up so suddenly und unexpectedly, that little precaution could be used lo save life, and yet we behold the wonderful deliverance! Mrs. Marr had her kilchen and out houses levelled, but her dwelling stood firm, Mrs. Cor.

man's beautiful residence suffered much ihe very shrubs in her yard and garden were torn up by the roots. Capt. Bingham's house, though not in the fiercest of the whirlwind, hud one or two chimnics knocked off. Mr Pierces dwelling was considerably injured. Mrs.

McDanicI, near the Stale House, lost her kilchen, and part of her dwelling. The brick room occupied by Mr Mc. Curdy's school, was enlirly demolished. Some half dozen other houses occupied by families, were razed by the whirlwind. To the loss of the buildings, we may add, in almost every in.

stance, the total destruction of furniture and provisions. In most cases, smoke-houses, pantries and corn-cribs all shared a common ruin, and little of their contents could be traced. Several families are left entirely destitute by this disastrous visitation; but we arc glad to see that Ihcy have not been forgotten by those of our citizens who have "plenty and to spare." The proceedings, under the call of the Mayor, will show the steps taken for their relief. We are informed that the handsome scat of Gen. Crabbfwho is absent to Cuba for his health,) did not escape the ravages of the tempest.

His negro cabins, out houses and slutely yard trees, were swept down. The new brick mansion of Mr Cocliran was also injured. Mr Fitch was among those whoso kitchens, fences, A.c. were destroyed. The course of the tornado was from south of west, and by that means Ihe State House was a little to the right of it, but was sufficiently battered as to lose several windows, so as to admit the copious rain in tho Senate and Represcn latives chambers, as well as many of Ihe utiices below.

The strength of the noble bridge across the Warrior, was thoroughly tested; part of the roof was blown away, und two reaches of the bridge itself were moved about two feet upstream, on the piers. It is slightly warped, hut is as strong and firm as ever. The fury of the tornado seems to have spent itself in the river, as no track of it is lo be seer, on the opposite side. We hear of a good deal of damage lo farms in the vicinity, but the particulars have not been related to us. Such havoc by the elements lias never been made before in this quarter within the recollection of our oldest inhabitants, and wc humbly trust the like will never again be experienced.

ID" From the view wc had of the damage done by Ibe tornado in New Town, we have formed a rough estimate, in which wc are governed by the probable amount it would lake to restore the property as it was when the inichicf took place, say Mrs. Lewin 3,000 Capt. Cummings 5,. 000; Capt. Kidder Win.

Hawn, (now occupied by Mr. Fonville) Mr. Fitch 8500; Mrs. Marr S500 Mrs. Gorman 3111); Becne's estate 1.00 Fierce and Irvin 200; Mr.

Cochran's new brick dwelling will have to be taken down and rebuilt, Ned Berry tho new series of Alabama Reports, under tho direction of the honorable Judgos. The Jurist, in tho article below, vindicates Ihe fidelity of the Into Reporter, and we tuko pleus-ure in submitting it lo our readers FROM THK AMERICAN JUItlBT ANO LAW MAOAZINK. Reports of llic Cases at Law and in Equity, ar. gned and determined in the Supreme Court of Alabama, during Id 10. By the Judgtsof the Court.

Volume 1. New ScricB. Tuscaloosa 1811. Hitherto tho decisions of the Supreme Court of Alabama have been published by a Stale re. porter, an office which seems to have been contin ued down to und including the year 18311, with which Mr.

Porter closes his ninth volume. The cases for Ihe year 1810, contained in tho volume before us, appear as the first volume of a new sc. ries of Alabama Reports, reported by the judges of the Court. Hut why this change has been made, or by what means, neither Mr. Porter in his closing volume, nor the Judges in tho commencement of Ihcir new ecrsies, have seen fit to inform us.

This is a sort of neglect. which wc have had so frequent occasion to ob. serve, that we arc almost ready to lay it down ns a general principle, that reporters and revisers of statutes arc wholy unable lo write prefaces. In ihe present case, as on many former accasions, wc should like to know the why and wherefore of tho change lo which wc allude. Notwithstanding the substitution of tic judges for our old friend Mr.

Porter, wc do not perceive any change for the worse, cither in the character of the cases or the manner in which they arc re. ported, in reference to bulb which particulars, we have, heretofore, and on more than one occasion, expressed our favorable opinion. ID" Conor ess. We had exnccled snmelhinor of interest by Ihis time, lo lay before our readers, Horn our national lcgislalu.e; but we arc disap. pointed.

The special committee on Finance, in the House of Representatives, who had charge of the Presidents plan of a Fiscal Agent, has re. ported only part, and we did intend to prepare svuoiisis of the bill accomoanvintr the reoort of the committee, but shall be content this week with referring to its general character as triven in the closing paragraphs of the report, which will bo lound in another column. Besides the inordinate talking in Congress, which amounts to very little good, lliey have not as yet signalized the session by 'any prominent measure. We anxiously await further intelligence from Was. injrton.

Oj A public grievance. The multiplication, within the last few years, of reporters and letter writers at Washington city, has been the means of much useless public expenditure. Though wc value the liberty of the press as the strongest safe, puard of the people against oppression from those in authority, yet we have daily evidence before our eyes, that the practice now in vogue of noli, cing, extending and varnishing every little de bate or remark on the iloor of Congress, is not many removes lioin an actual public nuisance. It has produced a complete revolution in the or. dor of things.

Formerly, it was an honor to be reported as a speaking or business member of any legislative body; and the compliment of a letter writer, or editor of a newspaper, was looked upon us conclusive of a man's reputation. While the press in its rapid dispensation (if good, is entitled to both patronage and grailude, it cannot be lion-cstly maintained that it has not, in the incaii time, inflicted evils, not the least of which is the one to, which wc refer. The facility and extent of reporting and lcttcr-wriling, willioni discrimination, while it gives an unmerited character of im. porlance to members, is an absolute fraud on public opinion. Men take pleasure in seeing their names in print, and often have the vanity to suppose themselves great when it is proclaim, cd that Mr.

and Mr. Wordy in-troduccd, and advocated certain measures. The admiration of the reading community is at once excited, and Messrs, Tliundcrgust and Wordy are figured in imagination, as rising withgreal dignity and command, while Hashes of eloquence dazzle and confound all opposition. Such is the picture in the mind's eye of the reader, who has not seen human nature in Congress, or elsewhere on a similar scale. Nuw let us view the facts.

Mr. T. rises lo his feet, clumsily, and with neither grace nor system, calls the attention of the presiding officer, and sends him a bill or rcsolu. tion concerning some petty subject. Perhaps he expresses a wish that it may receive from the House "the considerate attention and deliberate investigation to which its peculiar and momentous importance entitles it, as a suffering country on the bring of ruin, calls for reform in all the various ramifications of Government, from the President down to a constable;" and having said this much and no more, takes his seat.

In a week or two the mails are loaded down with pamphlets containing that very speech, with a history of the banks, tariff, democratic and whig parties, all the administrations since March 4, 1789, together with extracts from ancient re. cords of Parliament, from French, British and Amerieau Encyclopedias, showing tho quantity and value of coin at various periods of the world, and Ihe like. 7'he main evil, besides lhal of consuming public attention which might be better employed, is, that the exaggerated interest thus given lo men, fills them with desires for notoriety, which their talents as such would never give thein. 7'hus a struggle is produced, not as to who shall do the most good, but who shall occupy Ihe largest space in the papers. Hence the thousand and one res.

olutions of enquiry, motions, harrangues, quarrels, letters, under which the Washington City press daily groans. 7'ake up the speeches as they are icriilen out, (much less as Ihcy are spoken) and there is not one in fifty, but what is a pompous parade of words, in the mass and rubbish of which, not one idea of the least value, can be f.iund. Wc do not pretend to deny that many pert and fanciful things are said, that might en. lerlain the best informed mind but our conclu. sion is, without going into particulars, that four-fif' hs of the men in Congress (shall wc say of the Alabama Legislature also?) would do their coun.

try, thcnlselvcs und families more real service by staying at home, industriously' employed in their several avocations. As to their being statesmen, if they ever fancied themselves such, they have wholly mistaken the fitness of things; and wc arc willing to believe tliat when the present arti. fieial race of patriots and laic-mahcrs, of both political parties, shall be missing from the public stage, the people will be more cautious and circumspect in the choice of their political agents. inrMr. Webster.

It is said of mankind, that they never act without a motive and while we assent to the proposition, wc are wliolly al a loss fur the possible "motives" that influenced the Editor of the Louisville Journal, to assail, in the most depraved and heartless manner, the character of Mr. Webster, the distinguished Secretary of Stale. During the late national contest, the Editor of the Journal was among the foremost in eulogy, and surely not second to any in force and brilliancy of compliment, to this cm. inent statesman but fur some cause, not fully revealed, this same Editor has propagated a calumny as wicked and monstrous as the heart of a traitor ever conceived, and Mr. Webster is the chosen victim.

Lest ou- remarks might not be For the Mini tor. WRITTEN AT THE: SAIIRATIl SCHOOL. HYMN. Tho beauty of a Savior's love, Implanted in the breast, ill guide our souls to lleavcn above Our Saviour's promisM rest. Our little bark shall swiftly glide Through life's tempestuous aca, And through tlio Btonn shall safely ride, The soul that trusts in Tlicc.

The favor'd ship has still her sail And taking on her crew, And those on board shall never fail Their Saviour's faco to view. This haven of eternal reBt- The home that God has given, Is free salvation to the blest Eternally in Heaven. Then Christian keep your armor bright The cross of Christ in view The ship that's pass'd and out of tight, Will soon return for you. And when we've rcacU'd the Heavenly coast, O'er life's rough oeean driven, May we be found, no wanderer lost, One family in Heaven. MISCELLANEOUS.

From Bentley's Miscellany. THE GIORIOU3 UNCERTANTY OF THE LAW. In a certain town in Normandy, the authorities (for divers good reasons thereunto moving,) thought proper toissue a proclamation to the effect that none of tho worthy inhabitants, under a sc. vere penalty, should stir abroad alter sunset with. out a lantern.

Well, it chanced in the very same eveningama'n was'seized and taken incontinent ly before the dipenser of justice, to be dealt with according to (he new law. 'I am exceedingly sorry," said tho chief offi cer, recognizing the individual, "that a citizen of yoor rcspcclubility and station should be the first to infringe the new regulation." "I would not willingly do so," said the man caolly. "Have you not read it?" "Certainly," replied the captured party "but many have unfortunately misunderstood it. Will Monsieur oblige me by reading it, that I may learn of what I am guilty The officer graciously complied, and after glib- jngly running over the verbose preamble, came to the point "that no inhabitant shall stir abroad after sunset without a lantern," which he certain- Jy delivered with peculiar emphasis, to the admi. ration of the fellow who had taken the man into custody, and was twirling his fingers, impatient to receive his moiety of tho fine.

"I hate a lantern, Monsieur," firmly contend cd the man, holding it up to view. "Yes but there is no candle in it," replied the officer with a smile. "The proclamation does not mention a candle, I believe, Monsieur," replied the cunning fellow, most respectfully. "A candle but of course" began the in-former, trembling lest ho should lose the fish he Iiad houked. "It does not mention a candle -r and I contend, Monsieur, I have not infringed the pcrsis.

ted the quibler. "The words are without a lantern and herit is." "Hem crisi the officer, endeavoring to con, eal the confusion occasioned by his defeat by poring over the copy of the proclamation. "1 must confess there is an omission, and I am hap py to eivo vou the benefit of it. The case is dis missed." The informer was not only defeated, but rather alarmed, when the prisoner called to mind a cer-tain act which rendered him, the aforesaid infor-raer, liable to heavy damages for false imprisonment, and the poor fellow was fain to avert the infliction of an action of the law by disbursing a certain sum in hard cash to the accused. But lo on the next evening he again encSun.

tcrcd his "dear acquaintance," and to his infinite delight, he beheld the 6ame unflluminatcd Ian- lorn in his hand for an amended proclamation had been issued that morning, with tho words "that no inhabitant should stir abroud without a lantern and a candle therein," The informer chuckled at the ignorance of the man who had so coolly victimized him on the preceding night, and with a heart beating with the desire 6f revenge, and a certain prospect of the restitution of the mulct which he had suiter. ed, be with a sneering politeness requested the honor of his company to the justicc.room. "Really, it is impossible to resist tho amiable importunity of a gentleman who pays such deli cate compliments and such good coin!" replied tho man; and away he walked chatting good.humoredly and joking with his delightful captor. "What, again cried the officer. "I hope Monsieur will do me the honor to re.

member that my former appearance here was not only against my inclination, but against the law," said the prisoner. Really, these proceedings are very vexatious, and "Have you read the proclamation interrupt ed the officer. "Monsieur did me the favor to read it only last night, and "I will read again for your edification," re. -plied the officer; and he looked furtively at the informer, who could scarcely contain himself for vcrv joy. The amended uroclamation was read.

The accused stood placidly smiling at the rigmarole vcrbagc; but when the officer read the conclu. ding words "that no inhabitant should stir abroad without a luntern and a candle," he started. "Ha cried the informer, unable longer to re. strain his feelings. "How very, very fortunate!" cried the delin.

quickly openinghislantcrn, continued, "Lo! here is a candle. How furtnnate "But it is not lighted exclaimed the informer with an uncontrolable agitation. It is not lighted nor has it been, as the wick Itself proves!" "Lantern and candle! a lantern and a can. die repeated the man. "I appeal to the justice of Monsieur, that there was not such a word as lighted candle in any part of thai respective document." Thia was a elencher! The parties were completely outwitted while to abate the fever of the informers extraordinary excitement, the man charitably repeated the "bleeding" which he had ao effectually performed on tha former occasion.

Of coarse, the lawyers lost no time in "amending" the amended proclamation, and inserted lighted before the word "candle" I Odd wager. Mr. George W. Dixon, of Kew York, has won lire $4,000 wager offered by some laekwit in New Jersey, lo Hie person who would walk and stand on bis feet 48 hours without intermission. Several Competitors had tried, and toaiJ fainted within a ftw wmatetsf gonlleman, we publish the following brief sum.

mury of tho different slops or proceedings to bo taken by a bankrupt in obtaining his discharge under the provisions of the present act. 1. An inventory mint be carefully prepared, containing an accurate statement, uccording to the best of the bankrupt's knuwledge and belief, of his creditors, their places of residence, and the amount due to each; ulsoun uccumle inventory of the bankrupt's properly, rights mid credits of every kind, and the location und situation (here. of, and of every part of it. The petition embody ing this statement, and a declaration uf the bankrupt's inability to pay his debts, must then be drawn and verified by the oath of the hank-nipt, to bo taken before a District Judge of the United Slates, or before a commissioner appoint, ed by the court for that purpose, or before dis.

interested Slate Judge where llic debtor lives (Section 7.) This petition may then be present, cd to the District Court of the district where the bankrupt resides, at any time. Sec, 1. G. II. On this petition being presented to tho court, the court will thereupon order a hearing as directed in Sec.

7, and notice is thereupon to be published by the debtor, in one or more news, papers printed in the district wrcro the debtor rc. sides; such paper or papers to bo designated by the court, which notice must be published at least twenty days before the hearing; and the notice must state the lime and place of the hear-iug, and all persons arc thereby notified, and may appear to show cause, if any they have, why the prayer of the petition should not be granted. This hearing is to be before tho court, and is to be upon testimony under oath or affirmation and where the testimony is written, the depositions must be taken before a District Judge, Cominis. sioucr or disinterested State Judge. (Sec.

7) Tho bankrupt should bo prepared to attend this hearing with his counsel. This is a preliminary hearing. HI. T'non the order or decree of bankruptcy following tho hearing, the debtor becomes abso. lutcly divested of his property assignecss arc immediately appointed by the court by order, and all the property of tho debtor is vested in the as.

signccs so appointed. Provision is not made in the actfor creditors miming any of the assignees, hut the court will exercise proper discretion on this subject. IV. The assignees having been appointed by the court immediately after the decree of bank, ruptcy following the hearing, it is their duty to proceed at oncetj lake proof of debts, and to reduce the property, of the debtor to money; and declare a dividend or dividends, so as to have a speedy settlement of the bankrupt's cs. tate as required in Sec.

11. The bankrupt in the meantime must at all times hold himself in read-iness for examination under oath touching his property and debts, both before the court and as. signees. Tho courts arc to prescribe rules and regulations as to the proving of debts before the assignees. V.

The bankrupt having made a full surrender of his properly, and having complied with such orders and rules of court as have been prescribed, and the assignees having discharged their duties and closed their estate, the bankrupt must then give public notice in some public newspaper de- signatcd by the court, to all creditors who have proved their debts, and other persons interested to appear and show cause why the bankrupt should not receive his discharge and certificate thereof. Which notice must be published at least seventy days before tho time of the final hearing. The court in certain cases may direct person. al scrvico of tho notice. VI.

After the expiration of ninety days from tho decree of bankruptcy, and after the publica. tion of the notice, and compliance with the other provisions first mentioned if upon the final hearing no sufficient cause be shown against the discha gc, and a majority in number and value of the creditors who have proved their debts do not object to a written dissent and upon petition for the discharge, duly presented for that pur. pose, the court will grant a full discharge of the bankrupt from his debts and grant a certifi- cale thereof, under the 6eal of this court, which will be valid against all suits and claims against the bankrupt up to the time of his bankruptcy. VII. At the hearing last mentioned, tho court before which it is had, may, if they are of the opinion that the bankrupt has not complied with the terms of the act, or been guilty of any fraud, or if a majority in number and value of the creditors who have proved the debts, file a written dissent to the discharge, refuse a discharge and certificate; in which event the bankrupt may, if he thinks proper, demand a trial of the facts before ajur-; or appeal from the decision of the district to the circuit court.

The appeal is to be tried at the next circuit court hereafter to be held, either by the court or before a jury at the debtor's option. The forms which here follow, aro given for the purpose chiefly of making more intelligible the mode of proceeding in order to bring a party he. fore the court, under the act. The district courts will prescribe the precise forms lo be used to bring a party before the court, and for the subsc. qucnt steps to the discharge of the bankrnpt and this duty required of them by the act, ren.

dcrs it unnecessary as well as improper lo attempt to give here a complete set of forms. Form of petition for bankrupt applying under the voluntary clause. To the Honorable S. R. Judge of the Dis.

trict Court of the U. States, in and for the District of- The petition of respectfully showcth, that your petitioner is a resident of the of in the county of Slate of and that your petitioner has become unable to meet his debls and engagement. And your petitioner further showcth, that he is indebted to the per. sons and in the sums mentioned und set forth in tiic schedule of debts hereto annexed and mark ed "schedule setting forth a list of petitioner's creditors, their residence, and the amount due to each," and signed by your petitioner, which schedule, according to the best of your petition, er's knowledge and belief, contains a true and correct list of all your petitioner's creditors, their residence, and the amounts due to each of them; which schedule signed as aforesaid, your petitioner prays may be taken as part of this his petition which debts your petitioner showcth have not in whole or in part been created in con. sequence of any defalcation by your petitioner as public officer, or as executor, administrator.

guardian, or trustee, or while acting in any other fiduciary capacity. And your petitioner fur. ther shows that the schedule hereto annexed and marked "inventory of property," and signed by your petitioner, contains a correct inventory of your petitioner's properly, rights and crcdita of every name, kind and description, and the loca tion and situation of each and every parcel and portion thereof, to the best of yonr petitioner's knowledge and belief, which your petitioner prays may be taken as part of this his petition. Your petitioner therefore respectfully prays, that he may by decree of this honorable court, be declared a bankrupt according to the provis ions of the act of Congress, In such case made and provided jirid that such further order and proceed: nsmy in UhcB ss arc provided for, Who that has seen the first offering of nature lo the spring, crushed by the unexpected step of retreating winter, does nut. mourn over the wounded lluwor, and pause to beslow upon it the most melancholy expressions? Thus deulh overtakes a young and interesting lady.

In the morningof life her mind opening lo the first rays of reason and intelligence her bosom, the place of repose and virtue her features, the habitation of beauty, tho freshness of the rose blushing on her cheek, the animation of the spring time sparkling in her eyes all trans, formed in an instant to tho cadaverous image of death. This was the fate of an engaging daughter of Mr. Thomas Cummings (Margaret, in her loth year,) who was killed during Ihe storm (hat pas. scd over our city on Friday morning. This young ludy had, by the sweelness of her disposi.

tion, und personal accomplishments become so endeared to her acquaintances, that her death til. led all with most poignant grief. How touching such a lesson upon the realities of life. The transition from so much health and youth and innocence, and beauty, lo the cold, inanimate clod, assures us "There's nothing true but Heaven" that such beauty, health and innocence arc only impressions of something more healllifut and beautiful beyond the veil 'which surrounds us that all qualities which adorn the huinau form, and all its hopes here arc but visions a faint coloring upon the fancied horizon all fading with the view, and which aro separated by the thunder-cloud, forever; which like the life of the innocent subject of Ibis notice, seem com. incncing in brightest anticipations, but to end in the obscurity of eternal night.

Few however, go down to the grave, blest with such untainted pu. rity of heart and life, so loved in existence and so mourned in death. Com. In pursuance of a call made upon the Mayor of this city, a meeting of the citizens was held at the Methodist Church on Saturday afternoon, the 5lh inst to take such measures as might be advisable, for the relief of the sufferers by the rc. cent tornado.

His Hon. N. L. Whitfield, Mayor, having been called to the chair, and B. W.

Hun. tington appointed Secretary, the Chairman pro. ceeded to disclose the object of the meeting: Whereupon, the following resolutions were offer, cd by Harvey W. Ellis, and unanimously adopted. 1.

Rcmlred, That a committee of three be ap. pointed to ascertain the number of such sufferers by the recent tornado that has visited our neigh, borhood, as may require pecuniary aid; also, what amount will be sufficient for the relief of their present necessities, and that the said committee make report to the Mayor al the earliest period. 2d. Resolced further. That a committee of two be appointed to apply to our citizens for con.

tribulions to the amount that may be reported by llic committee first named, tube necessary. 3d. Resolced, That the sum thus contributed, be paid over to the Mayor of this city, with a rc. quest that it shall be laid out by him in the most suitable manner, to accomplish the objects above contemplated. In accordance with the above resolutions, the chair appointed, on the first committee, Major Perkins, Dr.

James Guild and Jefferson C. Van. dyke and on the second, Lincoln Clark, Esq. and Dr. John Owen.

On motion of Major Perkins, the meeting then adjourned. Teste, N. L. WHI7TIELD, Cu'M. B.

W. Huntington, See. Owing to the heavy floods of rain within the last week, wc have received no Eastern muil in five or six days. The Warrior has been sev. cral feet higher, ihis freshet, than it has been since March 1833.

Communication from all parts of the State has been nearly suspended, but will be soon resumed, as tho waters arc fast sub. siding. Judge Porter and the Charleston Ba, Association. We find in tho Courier of the -1st among the proceedings of (he late annu. al meeting of the association, of which the Hon.

David Johnson is President, the following notice of our respected townsman "7'hc President read the following letter from the Hon. B. F. Porter, of Alabama Mobile, (Ala.) May 14, 1841. To the President and members of the Bar Association of Charleston Gentlemen 7'hc association, some time since, conferred upon me honor of receiving, fur the use of their library, a portion of the volumes of Alabama Reports, I respectfully ask pcrniis.

siou lo add four volmnncs of those prepared by myself, that the series may be complete. While it gives mc pleasure, as a member of the profession, to aid in furnishing the Bar of Clmtles-lon with the judicial decisions of a sister State, it affords me still more gratification lo recall the connections which exist between Carolina and myself, as an individual. I do not know that, in a communication of this character, it is proper to allude to this connection but I will. I hope, be privileged to associate the affection which I bear my native city, with this tribute to her dislin. guished A long reVrrience in Alabama has not caused meloforget what I owe lo your Stale and I am euro tha the feelings I entertain towards her soil and people, are not inconsistent with the grati.

lude deservedly due the country of my adoption. Knowing that the Bench and Bar of Carolina furnish examples of private and public virtue, which her emigrant children may proudly emu. late, I ask to renew the assurances of my profound respect. BENJAMIN F. PORTER.

On motion of R. Yeadon, Esq. Resolved, That the thanks of the Association be returned to Ihe Hun. Bcnj. F.

Porter, of Ala. buna, for his very liberal present of the 6th, 7th, 8lh and Dili volumes of Porter's Reports; and that the I.ibrarion be directed to address him a suitable letter of acknowledgment on behalf of the Association." QJT Porter's Reports The article published below, from a late number of the American Ju rist, Boston, has no doubt excited the curiosity of the legal profession, in regard to the shifting the labor of reporting the decisions of the Supreme Court of Alabama, from Mr. Porter, lo the Judges themselves. lu a critical notice of the 9lh volume of Porter, the Jurist bestowed a high compliment equally on the court, and the style of reporting; and it is therefore necessary, injustice to Ihe late Reporter, to stale that the duty which he had so long performed with success and abilitv, was transferred to the individual Judges, by an act of the Legislature in 1833-40, on the ground of economy alone, thereby substituting about $i50 as an increase of salary to the Judges, for i 100J allowed the Reporter. Of course our only object is to prevent a misconception, bv the pub lw n( .1..

v. auv.O kVHIILblV HiC UlStVUUlJH- District Judge, (or such other officer as muy be authorized by the court) JVoe. If the list of debts and property should be brief, they may be stated in the body of the petition and the schedules dispensed with From of petition of creditor under the compulsory provisions of the act. To tho Honorable S. R.

Judge of the Dis. trict Court of the U. States, in and for the District of The petition of of (ho of State of within tho -Aistriot of being a trader, and actually using and exercising the trade and business of a merchant, is jusitly and truly indebted to your petitioner, in tho sum uf five hundred dollars and upwurds, (and also owing debts to the amount of two thousand dollars 'and upwards,) did lately commit an act of bank ruptcy within the true intent and meaning of the act of Congress in such case made und provi. ded and your petitioner further showcth, that in the month of lust past, the said did depart from the Slate of where bo is an inhabitant, with intent to defraud his creditors, (or state any other act of bankruptcy specified in the act.) In consideration whereof, your petitioner hum. bly prays, that the said may by the order and decree of this court, be declared and made a bankrupt according to the provisions and true in tent and meaning of tho said act of Congress and that such furthor prccedings may be had in the premises as arc directed, provided for, or re quired in and by the said act of Congress.

Dated, (Signed) The form of the jurat to this petition may be the same as to the prceeding. THE FISCAL AGENT. After much deliberation, or at least delay, the special committee on finance, in the House of Representatives, to wlwm was referred so much of the President's Message as related to the fiscal agent of the Government, have reported, in part, through their chairman, Mr. CusniJio. Tho length of the report (six columns) forbids our publishing it now: the following is its conclusion: 'The committee do not believe that the wit of man' can devise any scheme of finance which will satisfy every mind, or which shall combine the whole of the advantages and shun the whole of the disadvantages of the different plans, on which, at successive periods, the Governmeut has hitherto acted.

All human institution is mix. ed with good and evil. It is our da ty, if wo cannot do all the good we would, to attempt at least to do all we can. And the Committee are of opin ion that many ot the advantages ol the cliltorent svstems heretofore adopt ed and successively rejected by the wovernment arc to be lounJ, and many of the disadvantages are not found in the plan of the Board of Exchequer recommeuded by the a which with sundry modifications, they report to the House. In common with a bank of the U.

States, the Exchequer provides and secures 1. A sate ana convenient agency for the custody and management of the public lunds. 2. A useful agent of exchanges and collections. 3.

A national paper currency. 4. The regulation of the bank pa. per currency of the State, by receiv. ing it in pavment of public dues, and presenting it for redemption at short intervals of time.

5. The utilization of the public de- posites and ol the- specie lunds of dividuals, by rendering them the ba sis ot a national paper circulation C. The bestowment incidentally to the business ot the treasury, and with in the letter of the Constitution, of ben efits on the people of the United States. In common with the Independent 1. It does not entrust the control of the public funds or of the currency to i an irresponsible private corporation.

2. It does not loan out the public money to individuals. 3. It makes and can make no ex cessive issues, and cannot suspend cash payment, ior every paper ca gle on the wing, it has a gold eagle in hand. 4.

It is independent of all banks. 5. It conducts the business of the Treasury without the necessity of re curring for aid to the creatures of the legislation of the States. 0. By the use cither of coin only, or of paper always equivalent to coin, it follows the true spirit of the Constitution in the maintaiuancc of the le gal money standard.

7. It is at all times within the control of Congress to repeal or amend it at pleasure. The President of the United States in presenting this plan to Congress, has obeyed tfie injunction of the Constitu tion, which requires him to recom mend to their consideration such meas ures as he shall judge necessary and expedient; he has fully redeemed the engagements in this respect which he had previously made to Congress; and thus he has faithfully discharged his whole duty to the Constitution and the Union. The Committee while anima ted by the highest respect for his views, have yet deemed it due to him, to themselves, to the occasion, and to the country, to give to those views a free and unbiassed examination. They have done so; and, in so doing, they have also discharged their duly.

1 hey respectlully submit the result to the House in the bill herewith reported. They believe this measure to contain the elements of usefulness and public good; and, as such, they recom ICTWe intend no disrespect but wc ask leave lo inquire what has become of the loosa Total Abstinence Society 7'lic meetings arc announced and even the bell rung, but on last iUonduy evening lasl the house was dark Wake up ye 7Vinpcrauce orators and strike for victory: no backing IT Je Irish in Mobile. To the appeal of O'Conncll and Father and their asso. ciates in Ireland, the resident Irish in the 1). Slates, to unite wilh the abolitionisls in their war on tho slavery of the south, a late meeting in Mobile, of the friends of Ireland, havo responded as follows: "Beit therefore resolved, That we, Ihe friends of Ireland in Mobile, disclaim all connection with such a movement; and repel with indignation, Ihe attempt to identify the American Irish with a faction so hateful in its designs, as that of the abolitionists; and denounce the leaders in this crusade against tho domestic institutions of this country; and in order the more fully lo manifest our disapprobation of the address and its object, we do hereby pledge ourselves lo discountenance its circulation, and do all in our power to coun.

teract its influence; and for the purpose of bcino' fully understood on this subject, Be it further resolved, That a committee of five be appointed by the chair, to prepare an cxposi. tion of the objects of this association, and report the same al our next mcctimr." lO" Sparring in the Senate On a recent day, Mr. Benton notified the Senate of his in. tention tocull up the bill postponing the operation of the bankrupt law, when Mr. Tallmadge, the uniform and able champion of unfortunate debt-ors, remarked ihat Mr.

Benton was a disturber of the country, and especially on the subject of the bankrupt law; that the measures of his (Mr. B's) party had involved the people in dis. tress, und he si ill opposed every measure of relief to which charge Mr. Benton replied from his seat, that itwasise Hereupon a question of order arose, affecting the diguily of the Senate, which it would not interest our readers to detail. No fight is anticipated.

ID Southern School Bonks. We take the liberty of inviting the attention of instructors of youth to a series of works, prepared with great judgment for beginners at school, as well as for the more advanced reading classes, published by B. F. Griffin, Macon, Georgia. They consist, 1st.

of the Southern Primary Reader, or Child's first Book, by S. L. Griffin, author of several cd. ueational and literary works 2d. The Southern Third Class Book, intended for the young class in tho schools of the Southern and Western Slates, by tho same author; 3d.

The Southorn Second Class Book, designed for the middle class in by the same author, and 4th. The Southern First Class Book, or exercises in reading and declamation, selected principally from American authors, and designed for the use of Schools and Academies in the Southern and Western Stales, by M. M. Mason, A. B.

This work is highly recommended for its interesting selections, and contains fragments which the general read, cr would be fond lo possess. Upon Ihe whole, all these publications arc meritorious of their kind, and need only to be known, to be generally patronized. Specimens of each may be found at tiic Book Store of Messrs. White Snow, in this city, who will act us the agents of the publisher in supplying orders. U3" Foreign Quarterly Reticle.

To those who Ihe celebrated and critical compositions of the London Quarterly Review, and also the Westminster Review, an opportunity is af. forded to procure the American Republication! of theso wolks, at the Bonk Store of Messrs. White Snow, uf this city, at the low subscription pricctif per annum. Of the character of the articles that usually appear in these estab. lishcd periodicals, we have nothing to say, as our liniils will not admit a libera) glance at their contents; nor indeed, were it otherwise, do we feel exactly authorized, by an occasional sight of their page, to bestow farther commendations than ihcy have generally received from the press.

The rc-print is issued bv Mrs. J. M. Mason, in New York, within a week after the receipt of the original copy, and forthwith forwarded to agents and subscribers. KT The Himtsvillc "The Clerk of the District Couftat Huntsville has been directed by the Judge of said Court to receive and file in his office llic applications of all persons desirous of taking the benefit of the Bankrupt Law, together wilh the The Judges will at the first convenient opportunity order the publication required by law, calling upon all creditors lo prove the debts duo to them from Ihe applicants.

,7 Tiie counties of Jackson, Madison, Limestone, Lauderdale, St. Clair, Marion. Fayette, Ran, dolph, Tclicdega, Franklin, Lawrence, Morgan.