Decatur Eagle, Volume 11, Number 10, Decatur, Adams County, 14 June 1867 — Page 1

Sfct gtcatm ®»gk. * ■»■■■ ■ ■■___■■ ■ ■ ■ PUBLISHED KVXRY FRIDAY, BY .A. J. HILL, EDITOR AND PROPRIETOR. OFFICE.—On Second Street, in the second story of Donrin & Brother’s new brick building. Terms of Subscription. One copy, one year, in advance, $1,50 If paid within the year, 2,00 If paid after the year has expired 2,50 delivered by carrier ty-five cents additional will be chmgdF paper will be discontinued until an anerages are paid, except at the option of the publisher. Rates of Advertising. One column, one year, $60,00 One-half column, one year, 85,00 One-fourth column, one year, 20,00 EGTLess than one-fourth column, proportional rates will be charged. Legal AdvertisingOne square [the space of ten lines brevier} one insertion, $2,00 JEach subsequent insertion, 50 SfiTNo advertisement will be considered less than one square; over one square will be counted and charged as two; over two as three, &c. •©“Local notices fifteen cents a line ’for each insertion. •©“AoUgtotts A3 ’Educational Y - tices or Advertisements, may be conltracted for at lower rates, by applica-tion-at the office. •©“Deaths and Marriages published as news—free.

OFFICIAL DIRECTORY. District Officers. Hon. Rob’t Lowry,Circuit Judge. T. W. Wilson, Circuit Prosecuting Att’y. Hon. J. W. Borden,.. Com. Pleas Judge. J. 8. Daily, Com. Pleas Prosecut’g Att’y. - County Officers. W. G. Spencer,Auditor. John McConnel,Clerk. Jesse Niblick, Treasurer. W. J. Adelsperger,Recorder. James Stoops Jr.,Sheriff. Conrad Reinking,} Jacob Sarff, >.... Commissioners. Josiah Crawford, J Town Officers. Henry B. Knoff, Clerk. D. J. Spencer,Treasurer. William Baker, Marshall. John King Jr., ) David King, >•Trustees. David Showers, J Township Officers. Uxiox.—J. H. Blakey, Trustee; E. B. Looker and George D. Hackett, Justices; Wm. May, Assessor. Root.—John Christen, Trustee; Jacob Bottenberg and Henry Filling, Justices; Lyman Hart, Assessor. Preble.—John Rupright, Trustee; Abraham Mangold and John Archbold, Justices; Jacob Yeager, Assessor. Kirkland.—Jonathan Bowers, Trustee; 8. D. Beavers and James Ward, Justices; John Hower, Assessor. Washington.,—John Meibers, Trustee; Jacob W. Grim and Samuel Merryman; Justices; Harlo Mann, Assessor. St. Mart’s.—Edward McLeod, Thistee; 8. B. Merris, Samuel Smith and William Comer, Justices; Samuel Teeple, Assessor. Bxuecreek.—Samuel Eley, Trustee; iC. M. France and Lemuel R. Williams; Justices; Christian Coffman, Assessor. Monroe.—Joseph R. Miller, Trustee; Robert McClurg and D. M. Kerr, Justices; Robert E. Smith, Assessor. French.—Solomon Shull; Trustee; Lot French and Vincent D. Bell, Justices; Alonso Sheldon, Assessor. Hartford. —Alexander Bolds, Trustee; Benjamin Runyan and Martin Kizer, Sen.,‘Justices; John Christman, Assessor. Wabash.—O. H. Hill, Trustee; Emanuel Conkle and James Nelson, Justices; David McDonald, Assessor. Jefferson.—Jonathan Kelly Jr., Trustee; Justus Kelly and John Fetters, Justices; Wm. Ketchum, Assessor. Tithe of Holding Courts. ? Circuit Court.,—On the Fourth Monday in April, and the First Monday in November, of each year. Common Pleas Court.—On the Second Monday in January, the Second Monday in May and the Second Monday in September; of each year, Commissioners Court.—On the First Monday in March, the First Monday in June; the First Monday in September, and the First Monday in December, of each year. CHURCH DIRECTORY. St. Mart’s (Catholic.) —Services ev>cry Sabbath at 8 o’clock and 10 o’clock, A. M. Sabbath School or instruction in Catechism, at 1} o’clock, P. M.; Vespers .-at 2 o’clock P. M. Rev. J. Wemhoff, Pastor. Methodist.—Services every Sabbath, ■at 10} o’clock A. M. and 7 o’clock P. M. -Sabbath School at 9 o’clock A. M. Rev. 'D. M. Shackleford, Pastor. Presbtterian.—Services at 10} o'clock A. M., and 7 o’clock P. M. Sabbath School at 2 o’clock P. M. Rev. A. B. Lowse, Pastor. DRUCS. DORWIN & BRO., -DEALERS INDrugs, Medicines, Chemicals, Toilet and Fancy .Articles, Sponyes, Brushes and Ferfamcry, Coal <Oil and Lamps, Fount JBedIcenss, ffc. DECA TUR,' : I::.::: INDIANA. Physicians’ Prescriptions carefully compounded, and orders answered with care and dispatch. Farmers and Physicians from the country will find our ■took of Medicines complete, warranted genuine, and of the best quality.

The Decatur Eagle.

Vol. 11.

ATTORNEYS. D. D. HELLER, .Attorney at Law, DECATUR, INDIANA. Will practice his profession anywhere in Indiana or Ohio. OFFICE.—With Dr; Sorg, over Spencer & Meibers’ Hardware Store. . vJons2tf. JAMES R. 8080, Attorney at Law, * -aaxcrx) Pension & Bounty Agent, DEOATUUR, INDIANA. Draws Deeds, Mortgages and Contracts. Redeems Lands, pays Taxes, and collects Bounties and Pensions. OFFlCE—Opposite the Auditor’s Office. vlon6tf. Bw STUDABAKER, Attorney at Law, -AJSTX> Claim & Real Estate Agent, DECATUR, INDIANA. Will practice law. in Adams and adjoining counties; secure Pensions and other claims against the Government; • buy and sell Real Estate; examine titles and pay taxes, and other busipess pertaining to Real Estate Agency. He i| also a Notary Public, and is prepared to draw Deeds, Mortgages and other instruments of writing. vlOnlltf. REAL ESTATEIkCENTS. JAMES R. 8080, LICENSED REAL ESTATE AGENT. DECATUR, INDIANA, ACRES of good farming land, several Town Lots, and a large quantity of wild land for sale. If you want to buy a good farm or wild land he will sell it to you. If you want your land sold he will sell it for you. Fo sale, no charge. vtOnCtf PHYSICIANS. F. A. JELLEFF, Physician and Surgeon, DECATUR, IJVDIAJVA. OFFICE—On Second Street, over Bellman’s Store. vßnlstt ANDREW SORO, Physician and Surgeon, DECL4TIZR, OFFICE—On Second Street over Spencer & Meibers’ Hardware Store. vßn42tf.

S. C. AYERS, -RESIDENTOCUEIST » aurist; FORT WAYNE. INDIANA. OFFICE—No, 80 Calhoun Street. vllnOtf. AUCTIONEER. ~ C. ML. FRANCE Would announce to the public that he 1b a regularly licensed auctioneer, and will attend all Public Sales, whenever requested, upon addressing him at Wilshire, Ohio. HOTELS. MIESSE HOUSE, Third St., Opposite the Court House, DBCJLTUB, IJVD., I. J, MIESSE,::::::::::: Proprietor. This House is entirely new, neatly furnished, and is prepared .to accommodate the public in the best style. Board by the day or week. vllnOtfl. MONROE HOUSE. . MONROEVILLE, INDIANA. I>, WALKER,:::::::: Proprietor, This House is prepared to accommodate the travelling public in the best style, and at reasonable rates. nsvlltf. STEVENS HOUSE, 21, 23, 25 & 27, Broadway, JMJttIW YOTta. Opposite Bowling Green. ON THE EUROPEAN PEAN. THE STEVENS HOUSE is well and widely known to the travelling public. The location is especially suitable to merchants and business men; it is in close proximity to the business part of the city—is on the highway of Southern and Western travel—and adjacent to all the principal Railroad and Steamboat depots. THE STEVENS HOUSE has liberal accommodation for over 800 guests—it is well furnished, and possesses every modern improvements for the comfort and entertainment of its inmates. The rooms are spacious and well ventilated—provided with gas and water —the attendance is prompt and respectful—and the table is generously provided with every delicacy of the season—at moderate rates. GEO. K. CHASE, & CO, vlln9m6. Proprietors. BOOK BINDERY. DAVIS & BYERS, BOOK BINDERS, Blank Book Manufacturers, No. 25 Calhoun St., Opposite Court House, FORT jrAtFATE, ijFb. Particular attention paid t» County work. IfirMag Mines, Music, and old Books bound and re-bound in any style desired,

DECATUR, IND., LURID A. Y, JUNE 14, 1867.

WISHING. >T SOHN a. SAXR. Os all amusements of the mind, From logic down to fishing, There is not one that you can find So very deep as “ wishingj” A very choice diversion too, If we but rightly use it, And net, as we are apt to do, Pervert it and abuse it. wish—-a common wish indeed— My purse was something fatter; That I might cheer the child of need, And not my pride to flatter, That I might make oppression reel, As gold can only make it, And break the tyrant’s rod of steel, As gold can only break it. I wish—that sympathy and love, And every human passion That has its origin above, Would come and keep in fashion; That scorn and jealousy and hate, And every base emotion, Were buried fifty fathoms deep Beneath the waves of ocean I I wish—that friends were always true, And motives always pure; I wish the good were not so few, I wish the bad were fewer ; I wish persons ne’er forgot To heed their pious teaching; I wish practicing was not So different from preaching. I wish—that modest worth might be Appraised with truth and candor; I wish that innocents, were free From treachery and slander; I wish that men their vows would mind, That women ne’er were rovers; I wish that wives were always kind, And husbands always lovers. I wish, in fine, that joy and mirth, And every good ideal, May come erewhile throughout the earth To be the glorious real; Till God shall every creature bless With his supremest blessing, And hope be lost in happiness, And wishing be possession.

The Board orcommissioners of Adams County vs. Ered« crick Meitz—Appeal from the Adams Circuit Court, i Meitz filed his claim before the Board of Commissioners of Adams county, in which he represents, that on the 12th of August, 1862, he was a resident of that county, and on that day he enlisted in company “I,” of the 89th regiment of Indiana Volunteers in the service of the United States, for three years, or during the war; that, on the 9fA of August, 1862, the Board made, and caused to be entered of record, an order, by which there was to be paid to the wife of each soldier so volunteering, the sum of fil% dollars per month during the time of his service; that the claimant was the head of a family consisting of himself and his wife, Mary Jane Meitz, and that under said order, he was entitled to receive five dollars per month, to be paid to his wife during the time he remained in the service; that there had been, pursuant to the order, paid to his wife five dollars per month from September, 1862 to May, 1863, both months inclusive; that before, on, from, and after the 9th of August, 1862, to the time of filing the claim, he and his wife had lived together as husband and wife; that they were then and at all times since that day had been residents of ‘Adams county, and had not at any time lived separate and apart, except during the time he had been necessarily absent from home in the service; that he entered the service as a soldier from Adams county, in pursuance of said order, and in consideration thereof, and with a view of obtaining for his family the monthly allowance then promised; that on the 16th of September, 1862, Henry Banta, the Captain of said company “ I ” 89th regiment of Indiana volunteers, filed in the office of the Auditor of said county, a copy of the muster roll of said company, and that the claimant was enrolled thereon, and said Mary Jane Meitz was enrolled thereon as his wife, in the list of members of claimant’s family; that on the 3d of June, 1863, the Board passed another order mak- -

ing said allowance two dollars instead of five dollars, and purporting to rescind the order of the 9th of August, *862; that claimant remained in the service from the time of his enlistment until the 19th of July, 1865, • r iten he was honorably discharged.; Ihat there had been paid to his wife since June Ist, 1863, SSO; that by the order of the 9th of August, 1862, there was due him, as the hpad of the family, io be paid as directed in said order, from the Ist t>f June, 1863, to the Ist of August, 1865, $125, fifty dollars of had been paid as aforesaid, aad seventy-five dollars ofwbich reflated unpnid and was due to him; that both himself and his wife had 'demanded orders for the same from the Auditor of said county, who had refused to issue them. Copies of the orders were filed with the claim. The order of the 9th of August, 1862, is as follows : “ Ordered thai each- person who may volunteer in a company or companies raised in the county be allowed the sum of One Hundred Dollars bounty, and to each head of a family there be paid to the wife monthly, the sum of five dollars during the term said volunteer is in the service and one dollar for each child in his family under the age of fourteen years.” The claim was sworn to by the claimant The Board refused to allow the claim, and Meitz appealed to the court below. The appellant moved to dismiss the appeal, which motion was overruled. The appellant then demurred to the complaint; Ist, for want of sufficient facts; 2d, for defect of parties, plaintiff in not making the wife a co-plaintiff. The demurrer was overruled. Theappellantthen moved to dismiss the cause, which motion was overruled. The de-, fendant filed ananswer in three paragraphs. The first is the general denial. A demurrer was sustained to the second. The third avers that the plaintiff is indebted to the defendant tn the sum of one hundred dollars for four county or. ders issued to the defendant of twenty-five dollars each, two of them payable one year after date, two of them payable two years after date, which orders were drawn upon the treasury of the defendant, and paid out of the treasury of the defendant, a part of them to plaintiff and a part of them to other persons at the plaintiff’s request. A demurrer was sustained to this paragraph. The claimant filed a reply to the second paragraph of the answer. The issues thus formed were submitted to a jury. Finding for the plaintiff. Motion for a new trial and in arrest were overruled. Final judgment for the plaintiff. The testimony is in the record. During the progress of the trial, the plaintiff, over the objection of the defendant, introduced in evidence his discharge from the service of the United States as such volunteer. The main question in the case in judgment is, had-the County Commissioners the power to rescind or modify their order of the 9th of August, 1862, during the time the claimant remained in the service of the United States under his enlistment entered into under it and in consideration thereof? By the act of May 11th, 1861, it is provided “that the Board of County Commissioners of the several counties of the State • * * * be and they are hereby authorized to appropriate out of their respective county * * * • treasuries such sums of money as they may deem proper for the protection and maintenance of the families of volunteers in the army of the United States • * * * during their continuance in such army.” (Acts of 1861, special session p 22, § 1.) We do not think that this is a law for the support of the poor, but that it can be maintained upon the same principles, and is of the same class, of state laws giving bounties to persons enlisting in the service of the United States.

We think this statute empowered the Commissioners to make the order of the 9th of August, 1862, so far as the maintenance of the plaintiff’s family was concerned. It is clear to a minority of this court, that the facts averred in the complaint, and proven on the trial, made this order a contract with the claimant, and that no subsequent order of the Commissioners, without the consent of the appellee, could change it We think the court below committed no error in overruling the motions to dismhs the appeal, and the case. (1, G. A H., p 2.53, §31.) The demurrer to the complaint was rightly overruled. The claimant was ihe proper party plaintiff; it was w : th him the contract was made; it wis his duty to support his family; and for a violation of a contract made by him for that purpose he is the party entitled to sue. The third paragraph of the answer is clearly bad. It is not averred that the county orders were procured by fraud, or that they were issued by mistake. The county had no power to loan its orders, and the legal presumption is that the county officers did their duty; and this presumption must be overcome by an averment The discharge was rightly admitted in evidence. The rules and regulations of the army of the United States are by act of Congress of August 23,1842, made the law of the land. (Boot vs. Stevenson's adm'r 2ith Ind. 115.) . This certificate of discharge was issued by authority of law, and was legal evidence of the discharge of the claimant from the service of the United States. The verdict of the Jury is sustained by the evidence and the court below committed no error in overruling the appellant’s motion for a new trial. The motion in arrest was rightly overruled. Judgment affirmed with costs. Judge Frazer pronounced the following dissenting opinion: The act es May 11th, 1861, did not, in my opinion, confer upon the County Commissioners any power to make contracts based upon the consideration that the party contracted with would enter the military service of the United States. It would follow that whatever order was made for the allowance of a given sum per month to maintain the family of the soldiers, might be, at any time increased or diminished at the discretion of the Board, and as the circumstances might indicate to be proper. Without the power to contract, it was impossible to do anything which could operate as a contract. The commissioners Jiave such powers only as the Statutes give expressly or by implication,—and in the authority to make appropriations “ as they may deem proper ” for the maintenance of families. I am unable to perceive any power to surrender the discretion as to the amount to be thus expended, which is clearly given by the very words of the act This conclusion, inevitable as it seems to me, from the statute itself, cannot be affected by the fact that in the given case, the discretionary authority was so exercised as to put in doubt the good faith of the Board of Commissioners. If the law gave the power over the subject, to the Board, it is not competent for any other tribunal to determine whether or how it should be exercised. Entertaining these views I cannot concur with the majority of the court in affirming the Judgment _ It is stated that in forthcoming book, Jeff. Davis will expose all the facts connected with the invasion of Mexico by France, and the grounds of hope for the success of that policy furnished by the late rebellion. The editorial room of the Savannah Republican is in “Chatham county jail.” “liberty of the press.”

ISTo. 10.

Effect of Willson’s Speech in the South. A Georgia correspondent of the New York Times thus details the effect of Willson’s speeches upon the colored population in that State. From all I can learn, Senator Willson's speeches have produced even a worse effect than I described in my last letter. I am told that negroes in those cities have been greatly demoralized, displaying insolence of manner, disobedience to employers and a disposition to become unruly. I cannot vouch how far this report is accurate, but I can only say that my informant seemed to believe it, and that he talked as if he was uninfluenced by prejudice or passion. The Atlanta Era, the most able as well as earnest advocate of compliance with the requirments of the military bill, has truthfully described the damageing effects of Mr. Willson’s doctrines. and shows how it influences the popular mind toward the Perry policy. The fact is, a dread of a war of races is now widely extended, and whether well founded or not can not fail to produce evil consequences. Your able Richmond correspondent has “ hit the nail on the head.” What he describes of Virgina will become true to all these States from the moment that Mr. Willson’s advice to the negroes is adopted by them and they are induced to believe that confiscation of property for their benefit is a possible contingency. Theodore Tilton In Hell. Theodore Tilton has been looking into New York by gas light, and date not tell all that he saw. He says of what he did: “In company with several well known public men, and under the guidance of the police, we made a tour, last Saturday night, through the nethermost haunts of misery, vice and crime in the city of New York. This is an exploration which every man connected with public affairs, either by civil or by editorial duty, ought, if possible, to make; at least once in his life. Born in New York, and having always either resided or labored within it, we never saw or knew our own city until last Saturday night Never until then had we any adequate conception of its poverty, of its squalidness, of its villainy, of its debauchery, of its leprosy! The sight can never be forgotten! The story, even if we had the heart to tell it, must for decency’s sake remain untold. We can only say that none of the familiar descriptions had adequately prepared us for the actual scenes. We were shocked, confounded, sickened! And as we now look back upon the awful revelations of that one night’s descent into hell, we can hardly persuade ourselves that what we saw was reality; it seems a hideous dream.” Sound The Constitution guarantees a republican form of government to every State in the Union, ergo Congress has a right to put ten of of the States under a military despotism. That is the logic of radicalism. It is as sound as would be the assumption that the Declaration of Independence asserts that every man has the right of life, liberty and the pursuit of happiness ; there is no restriction upon murder, robbery or any other kind ofcrime. The conclusion is directly opposed to the position assumed in the hypothesis. It is, nevertheless, good radical reasoning.—Detroit Free Press. A young couple had laid a plan lately to outwit the vigilance of a cruel parent and elope. The sequel is thus told: The youth stood before the window; the young lady attempted to climb out, when, oh! horror, some one detained her from the rear. “Why dost thou not come gentle Amelia?” She replied, in an agitated voice: “I can’t Bill; mam’s got hold on my tilters.

Tke Tariff Swindle. The Tribune, commenting on the Governor’s approval of the eight hour bill, says: “It remains to be seen if, while prices are double, work can be successfully shortened.” In other words, if the laborer cannot now diminish the number of hours of daily labor, and earn a support for himself and family, it is because of the doubled prices of things he consumes. What has doubled prices ? Everybody knows it is, in great part, the eleven Republican protective tariffs which the Tribune has aided to fasten upon the countiy and now vindicates. Even the last wool tariff, which not only increases the price of all woolen clothes the laborer buys for himself and family, but penetrates into the large mass of imported goods made of textile fabrics, and which was rushed thro’ during the Closing hours of the last Republican Congress, has made it still more difficult for him to reduce the hours of his daily toil. A few examples of comparison between this last Republican outrage of March 2,1867, and its predecessor of June 30,1864, will suffice. Act of June 30, 1864. All manufactures of wool, or of which wool shall be a component material of chief value, not otherwise provided for in this act, - -24 c. 1$ ft. and 40 p. c. ad. v«l. Woolen cloth. - - do. do. Woolen hosiery -20 c. $ ft. 20 per cent. ad. val. Woolen shawls -24 c. $ ft. 20 per cent, ad. vah Woolen clothing do. do. Act of March 2,1867. All manufactures of wool, or of which wool shall be & component material of chief value, not otherwise provided for in this act - - -50 c. ft. and 35 p. c. ad. val. Woolen cloth - - de. do. Woolen Hosiery > do. do. Woolen shawls - - do. do. Woolen clothing - do. do. This scale of increase runs thro’ and penetrates, as we have said, to every class and quality, not only of woolen but other goods, which the family of the laboring man needs for clothing. The cheaper quality of carpets come in for their share of extortion. A Brussels carpet, for illustration, which, under the act of June 30, 1864, paid the almost prohibitory duty of seventy cents a yard, in gold, under the act of March 2, 1867, pays more than eighty-seven cents, in gold, an increase of twenty-five per cent. The Tariff of 1867, by its adroit combination of specific and ad valorem rates, confuses the people, and tends to mislead them as to the enormous advances made. The Tribune, while writing upon another topic than its favorite one of protection, has incautiously let slip one reason for the agony and ciyof distress now bursting out from the lips of laboring men, and their helpless, suffering families. The country, we are aware, has an enormous load of debt to cany, and a solemn obligation to pay the interest thereon, and, as rapidly as may be, do something to reduce the principal. Thirty hundred millions of federal indebtedness, leaving out town, city, county, and State obligations, is indeed monstrous to contemplate. One hundred and eighty millions of yearly interest thereon—-fifteen millions each month—-half a million each day.— New York World. Newspaper Patronage.—Newspaper patronage is a curious thing in the estimation of some people. A man lives near you—never took your paper, it is too small —don’t like the editor—don’t like the politics—too Young Americanish-too fogysh—or too something else.— Yet goes regularly to his neighbor and reads by a good fire—finds fault with its contents, disputes with its positions, and quarrels with its type. Occasionally he sees an article he likes—saves half a dime and begs a number. This is newspaper patronage.—Ur&ana Union. A grim, hard headed old Judge after hearing a flowery discourse from a pretentious young barrister, advised him to pluck out the feathers from the wings of his imagination and stick them in the tail of his .judgement.