Indiana American, Volume 6, Number 9, Brookville, Franklin County, 2 March 1838 — Page 3

aERICAI. yQKYILLE, I IV 1 I A IV A. FRIDAT, MARCH 2, I83S.

We are authorized by Mr. John Wynn to say, "ibat in no possible contingency will he suffer his name to be used as a candidate for Representative. We were conscious of thh when his name was spoken of in the communication last week, but coming from the source that it did, wc could not refuse its insertion. Dr. Haymond. After we had sufficient matter prepared for this paper, we received a communication from Mr. Haymond. It will appear in our next. (7-All duo credit should be given to General Tipton for the open and manly course he is pursuing upon the sub-treasury. Seo notice of his remarkson our first page. The Branches of the Slate Dank. From the Indiana Democrat of Feb 23d, we learn that at the late session of the Directors of the State Bank, the following new Branches were located none of which it is understood, will be organized until after specie payments are resumed. 12ih Branch at South Bend in St Joseph county. 13th branch at Michigan City in Laporte co. 14th branch at Logansport in Cass county.

Court. The Circuit Court adjourned on Tuesday last. On Monday Mr. John Hamcr was tried on a charge of horse stealing, and sentenced to pay WW dollars fine, penitentiary two years, and 10 years disfranchisement. This was the same individual who endeavored to burn the jail so often last fall and winter. There was more than the usual quantity of small business before the Grand Jury, and considerable number of indictments found. The Steam Boat Kentucky was sunk near the landing at Cincinnati on the 22d of Feb. The cargo is mostly saved. The Bjwery Theatre, New York, has again been burned dovvn for the third time. This building must have cost at least $200,000.

The following certificate or letter of Judge Test wag written by the request of some of our members of the Legislature-

BuooKvii.i.n, Isd , 21 Feb., 1838.

Mr. C. F. Ci-ARKsas; In looking over your paper of the 2'M inst., I find some Editorial remarks with regard to the list Legislature, calculated in my judgment to mislead the public mind, and which in justice to the gentlemen representing your county, as well as to their constituents you should correct. In conclusion of the article referred to yon Bay, "With all due deference to Mr. Brown's exalted position we would presume to suggest (not dictate) to his lordship, the propriety of introducing a clause in the laws, making the members of the past Legislature inclligible to a seat in any future Legislature, and making it a penitentiary offence for any future Legislature to conduct themselves in like manner." Now sir, so far as your senator Judge Mount, and Mr. Haymond were concerned, they voted against all these measures that you have repudiated in such harsh terms. They opposed with zeal the attacks made upon the State Bank, and the revision of the laws by the Legislature, but the resolution to revise was carried over their heads, for

which of course they are not censurable. They were in the minority and of consequence cannot be

held accountable for the acts of the majority. 1 hesc gentlemen therefore deserve to be excepted from

your general denunciation of tha whole Legisla

ture.

You arc al.-o widely mistaken rs to the powers

conferred on Mr. Brown, the secretary of 6tate,

with regard to the revision. lie neither makes or crccules the laws nl his will, nor has he the power

to alter one letter of the law as it now exists. He together with the Treasurer of State are simply

invested with power to compile, and cause to be printed in one code, all the laws in force left vnrc-

nsed by the present general assembly.

These statements are made with i full knowledge of the facts. Having acted as the Secretary of the Senate at the present session, my position

in the bodv wag such as to enable me to know

what did tike place and therefore in the absence

of the journals of the two Houses, I feel myself warranted in correcting the errors into which you seem to have fallen. But even with regard to those who voted in favor of revising your denunciations are quite too severe, and your langurge unkind. We should at least attributa to them honest motives though we disagreed with them in opinion. In haste, yours, Vc. CHARLES II. TEST.

03Ye arc much indebted to Judge Test for the foregoing communication. It contains bucIi information as we have been unable to obtain in

any other way. Had our members considered us

of sufficient importance, or even worthy of notice,

they would have given us the same information

many weeks since. We called upon them through the newspaper, but it was disregarded. We called upon them in person, but it was alike neglected. The editor acknowledges that lie is an humble individual, but in a free government, the pcas.int

lias rights as well as those who possess holier ! blood. After exerting every means in our power lo learn the course and votes of our members upon important subjects, touching the interest of the people, we have taken advantage of the right guaranteed to us by the Constitution of Indiana to speak and freely investigate the acts of the Legislature; and for the reason that we have not had it in our power to exempt some of our members from censure, we are abuskd, vilufied and

slandered. Then who is guilty of "misleading

theoublic mind." the editor or those who refused

interest and sordid mercenary motives would dictate, and ground into the dust with the iron heel of aristocracy. Charge us not with misleading the public mind. We cast back any such imputation. Neither are we mistaken in the power conferred upon Mr. Brown relative to the laws. We obtained our information from a member of the Legislature, whom rumor says was the author of the measure. Wo have since conversed with him

upon the subject. The only point in which we vary from him is in using the word "revise" instead of "compile." We Lave examined the lexicographies upon the subject, and the difference is so slight between the words that he can never descend to such literary hair splitting; and from our reading, conferring the authority to "compile" is greater than to "revise." As Walker's dictionary is the one generally acknowledged in this country, we give the words as defined. "Compile to draw upfront various authors; to compose,

to amass." Revise to

fore wc leave with a candid public to decide who is mistaken relative to the powers conferred on! Mr. Brown. We deny its being applicable to us. We were also informed that "they had only revised 10 or 12 acts, and left Brown to finish." Now, what would any sensible man understand from this. If they do not put tho same construction upon it that we did, then have they been taught in different schools and read different authors. Relative to the last clause in Judge Test's letter, we would merely quote a paragraph from our former article upon the subjoct when we were furnished by Mr. Osborn, at Indianapolis, with the vote in the House. We then tated, after giving the vote in our paper, that "There are some among them (meaning those who voted in the affirmative) whom wc esteem as our best and warmest friends, and we have no doubt they acted honestly in the mailer." We even ask the Judge himself if he can charge us with unkitulnes, with wanton severity. Have we not admitted all himself or any other man could? But, say some, you charge upon the Legislature, indiscriminately. Granted. We charge the Leg

islature with squandering the public means; or pursuing a vacillating course, and weakening confidence in the Slate. We presume no man

has the hardihood to deny these charges. They

are increasing Irom year to year in prodigality tnd carelessness. So far, also, as the members

have condescended to permit I heir constituents into the secret of their acts, we have not withheld, but been willing and anxious to clear the innocent

and arraign tho guilty.

But the small maiter of revision is only one of

the thousand acts of the last Legislature to which

we object. When the journals are received we

expect to show some things which will make those who pay the taxes enquire seriously, "what

is to be done with this money.'" Corruptions al

ways creep in by degrees, and if the sentinels of the public weal do not expose the perpetrators, thy

are crying all is well, when the city is filled with robbers.

Gvmnm ric atioiv.

TO DAVID MOUNT, Esq. Sir Circumstances have rendered it necessary for me to address a few words to you. It is a matter of regret, that you should have taken so seriously to heart the article in my last paper. I regret that the charges therein contained fit you so well. Had you not fluttered so much, it would never have been

known that it was intended for you. But as

the wounded pigeon gives evidence that my shot has taken cflec.', 1 must therefore proceed to dress my game. As you and myself are both plain, blunt men, it is presumed upon (his occasion I shall use such language as will be congenial with our feelings. In doing which I will refrain from that low, vulgar abuse and personal accrimony, which it is to be regretted you indul ged, in 3 our speech in the Court House on Saturday, and in (lie streets of Brookvillc and elsewhere. But I will overlook this in you, ascribing it to your excited feelings or to that dotage which invariably accompanies age. Such conduct and such language, illy becomes a dignified Senator of the Indiana Legislature. In j our speech on Saturday, (which I regret I did not hear,) you hvae fully explained the heretofore undefineable mystery which has hung over and marked 3-011 r course, relative to the information I sought at your hands during the past winter. According to your version, you arc a "Giant'' and I am a meie

"pigmy," unworthy the notice of such a splendid mind as 3 ours. But why do 3011 nowj "v;sle 3'our sweetness on the desert air," in noticing so humble an individual as myself, who has to labor for mv bread. A man of

your exalted standing, should never cende-

cend !o notice that lower class ol the human . advoc ate, I have the consolation to know (hat

could not have been one in your audie nce who believed it. I will give you, or any other responsible man 100$ who will make oath to such a statement.

For a further explanation of my last article,

1 reier you to my editorial remarkg,after Judge Tests letter. That there may be no misunderstanding between you, the public and myself, I will here state that m3' denunciations were not intended for you, and that I was very much ns-

luiiiMitu, nun jou snouiu rase it 10 yoursclu My charges were upon the Legislature, and of course the majority were censurable, and had you complied with either my public or personal invitation to furnish your vote, nothing would have given me more pleasure than lo have exculpated you from censure upon that one subject. I have heretofore considered you my personal and political friend, and would have sacrificed every tiling, except honor and principle, to have defended you with all my energy, even were my efforts weak and ''pigmy" But as you have thought proper to sever those ties of friendly feeling between us as you have without the slightest cause, abused. slandered, nndvillified me, with a the savage fury of a malignant fiend, it is not even presumable that I yet possess sufficient of that ''milk of human kindness," as to turn the other cheek to you. No, I have too long struggled against the iron hand of poverty to calmly see slander and detraction gathering like a mildew upon me, although I have to oppose a ''great name," wealth, and a long train of friends. In a pecuniary point of view, I expect to feel your influence, yet, I am determined, that principle, truth and reason shall be my guide, and although my business and

occupation may fall a sacrifice to the cause 1

Washington Feb. 10, 1838. Wc are getting into a strange way in Wash

ington. Political partisans arc getting lo be

strongly mixed up; administration men, oppo

sition men, conservatives, and neutrals, all get

at loggerheads, and no two appear lo be dis

posed to act together. Mr. CIa3' and Mr. Webster quarrel about the public lands; Harry frets because Daniel will not play into his hands in the Presidential game; and Daniel says that he means to set up for himself and play second fiddle to nobody. Mr. C!a3', damns the squatters and the applicants for preemptions, and thus figures for the votes of the old states: Mr. Webster who

has made (he tour of the West, comes out for

the squatters, and whilst he defends them from the assaults of Mr. Clay, holds out his hat, and invites their suffrages. General Harrison's friend are not idle.

Thc3' are on the ground; their motto is neck or nothing, the presidency or no tender no

more bargains, no coalitions. Ijet ail start

fair and in all things be above board.

The Conservatives demand a continuation of the old deposile or fetbank sy stem. ColBentonand the administration men set up a cry for a hard money currency, the sub-treasury scheme or nothing. The Nullillcrs insist on the preservation of the "institution'" of slavery, and with big eyes and frightful grimmaces, swear that if this be not '"let alone," they will "dissolve the Union!'' Silly and miserable threat! It has already became a subject of declamation and merry making.

Between the quarrels of the different sides of the House, we do nothing: the session wears

gradually away, eight dollars the day is pocketed, the people are bamboozled, and yet they carry their burden with uncommon

weakness. So we go!

race, who have to earn their bread In- the

sweat of their brow. But, kind sir, so long as 1 continue to publish a newspaper, 1 shall take the liberty of freely investigating your public acts, and if you violate the rights or interests of the people, I am not so "small" but my voice will be heard Ci lling en the supreme power of the country to watch well their public servants, regardless of the vials of your wrath which 3011 may pour out on mv devoted head. Neith

er will your threats of personal violence deter:

me irom a faithful discharge of my duty. It is well known that an editor in the faithful performance of his trust often, aefs in open violation lo his pecuniary interest. lie often alienates from him someof his otherwise personal and political friends, which, were he to merely wink at the corruptions of his own party, he might retain. But I never did, nor I never will sacrifice truth and principle oh the altar of part', nor am I so obedient a slave as you take me to be, if you imagine that 3 our patronage is sufficient to close 1113" mouth and stop 1113 pen. I readily acknowledge that money has its corrupting influence, but I will not pollute my soul by harboring the idea fci a moment, that 2 perycar, should shield any man from just censure. I understand you say, that"lhc Whit: party

have potnpercd me too much" that 1 have got

there is nn institution which provides the necessaries of life (0 such as fail to obtain it by ol'ier means. When I receive the journals of the last Legislature, I expect to examine, publish and comment upon many of the acts of that body. And in order that you may be 0:1 your guard 1 will now request you not to take to yourself, unless 1 mention your name. Although I feci myself a mere "pigmy" in (he work of Reform, s'ill I intend loset in their true I'ght many of the thousand useless and prodigal expenditures of our Legislators, the extent of which must be seen to he believed. Asyou are a farmer, and probably have some little feeling in common with (he laborer the firmer arid mechanic those who pay the tuxes and hear the burthens of Government and of improving the countrymen have probably strenuous I y opposed all such ifractions of the public interest. But if you should happen !o have been carried

along with the current of corruption, he assured 1 shall not be too bashful lo mention 3-our name. Within the last five years, I have been constrained to ac knowledge (he force of a remark of my immediate predecessor. In retiring from the charge of the paper, which I now

conhoul he remarked: "It is a lamentable

fact that the cou:it3- of Franklin docs not ex

tend a lustihable support to a free press. I

Commissioner's Sale of Ileal Estate. rRAHERE will be sold at public auction, on the -H. following premises, to the highest bidder on the 17th day of March next, between the hours of 10 and 4 o'clock on said day, the following described property, belonging to the heirs of Ilenrr Compton dee'd, subject to the widow's claim of dower therein, viz: The north west part of section No. 30, in town 9 of range 1 west of the meridian line drawn from the mouth of the (Jreut .Miami river, in the District of Lands directed to bo sold at Cincinnati, bounded and described as follows: .Beginning at a post fur a corner in 1 ho line between Joseph L. Carson and Stephen Greo-cr, thence along said line north 72 pelos to a corned, thence west 111 poles to a post for a corner, thence south 72 poles to a post for a corner, and thenca east 111 poles to the place of beginning, and containing 50 acres more or loss. One third of tho purchase money will be required at the time of purchase and the remaining two thirds within on? year from the diy of sale, to be secured by bond and approved security. JOHN WYNN, ) WILLIAM McDONALD J Com'is. ANDREW REED, S Feb. 14. 7-4vr

Elijah Barwick, adm'rof the estate of John T. McKinuev, dee'd. VS.

Mary McKinuey, infant chiht and heir of John T.

In Probato Conit of Franklin county, Feb.

Term. A. D. 1S38.

On petition to mako Real Estato assets.

McKinney, dee'd. J

WOW at this day (to-wit, 14th, February , A.D. tJ 138) comes Elijah Harwick. adm'r of M,r .

tate of John T. McKinuey dee'd, and files his petition to make the real estate in said petition mentioned assets for the payment of the debts of said deceased. And it appearing by said petition and suggestion of said adm'r that Mary McKinncy, child and sole heir of said decedent, is not a resident of this State; Whereupon tho court order that publication of the pendency of said petition bo made, three weeks successively, sixty days prior to the firEt day of the next term of this court, in the Indiana American, a weekly newspaper printed and published in the county of Franklin aforesaid, notifying and requiring the said Mary Mc-

ivinney child and heir of said John 1 . McKinney dee'd, to appear on the first day of the next term of this court, at tho court house in Brookville, on the second Monday of May next, and shew cause, if any the can, why the real estate in eaid petition named and dc-cribed, t-hould not la made assets in the hands of the adm'r, for the pnyment of the debts eff aid decedent. By order of the court, 14th February, A.D. 1S38. 7-3 w Attest ROBERT JOHN, Clerk.

so biir that they cannot coatroul me, and that announced in my first paper, (hat 1 came not

I publish what I please, alike regardless of j here for the aggrandizement of any particular friend or foe!! That I am indebted to any parly, but lo advocate (lie causeofllie people.

parly, I deny; and much less the Whigs. jThis 1 have endeavored to do. And when I That party now is indebted to me several 1 have exposed corruption in high places, and hundred dollars, for money and labor aclual-J have been willing to sacrifice that business ly spent, unconnected with the publication of; upon which H13' family depend lor a living, to

IVotice. THE undersigned will offer for sale at public outcry on Thursday the 15th day of March next at the late residence of 72alph Coloscott, late of Franklin county, Indiana, dee'd, on a credit of nine months, by the purchaser giving note with approved security, for all sums over three dollars, the following property, to-wit: Worses, cattle, hogs, sheep, a two horse wagon and harness, farming utensils, corn in the ear, hny in tho stack, beds and bedding, houshold and kitchen furniture, and sundry other articles too tedious to mention. Sale to commence at 10 oclock and continue from day to day until all is sold. Further terms made known on the day of sale, and attendance given by mo. JOHN F. DICKERSOJT, Feb'y 21, 1838. R-3w , Executor. rVolicc. 1" ETTERS testamentary on the estate of Ralph EiA Coloscott, deceased, have been granted to the undersigned. All persons indebted to said estate

will make settlement immediately, and all persons having claims against the same will present them legally authenticated for settlement. The estate is probably solvent. JOHN F. DICKE22SON, Feb. 10th, .2. D. 1638. 8-8w Executor

the American. And 1 thank no man lor such

an insinuation, that I had been "pampered" so

far that I could not expose corruptions as well

expose those who live upon lisrataircm and

spoil, I have found some of those same individuals, for whom I offer myself a sacrifice,

in friend as foe. And if you ever entertained ursc me for n- services. Did I feel dispossuch an idea, you must have conferred your;ed to sec corruption stalking at mid day favors upon a very unworthy subject. But to! through all the departments of our Governmcit:s a matter of congratulation, that you ! ments, without raising my warning voice, I

have found out, even at this late period, that; could bask in the sun-shine of their favor and

I will discharge my duty without fear, lavor. I patronage, and tlicre would not be a wave to

KATJIS & WALES CORNER OF MAIN AND FROST STREETS, CINCINNATI, OHIO. HOLES ALE Dealers in Drugs, Paints, Oils, Dyestuffs, Glassware, SfC. have on

hand a vefy extensive 6tock, which they will sell as low as can be purchased west of the mountains. .Mcrchvnls, .Manufacturers and Physicians are particularly invited to examine their assortment. Jan. 18. 5 5m

or affection.

Sir, 1 wish you to understand that I exist j perily

mar my peace, or a cloud tp obscure my pros-

nVMEXKAh.

Married On the loth day of February, by Rev. James Conwell, Mr. Nathaniel Thompson to Miss Sarah Hobbs. On tin 25th Feb. by John P. Case, Esq. Mr. Harmon Miller to Miss Ailw Terry. On the 2?th, Mr. Richard Gates, to Miss Mary RosEBRorun of Springfield. On Sunday last, Mr. Chilon Foster to Miss

Elizabeth IIenprickson of this township.

On the 23d by Rev. Jeab Stout, Mr. Tuos. A.

to furnish the vote. We know that a Legislature EVA!is t0 miss Phebk Irvin

i

more vascillativr worthless and alike regardless

of public honor or the interest of the State, never convened in Indiana. And because we have dared to express our opinion, without consulting the leaders and dictators, and not exempting men from censure, without authority to do so, are we chargeable with misleading the public. We ask U candid men whether in thus offending we

should be hunted down with all the fury that self-

On the 28th Mr. High Abercrombir to Miss Ansa Christena Facrot. On same day, Mr. John Martin Speaole to Mis Prce Williams. On the 22d, Mr. Taomas . Crocker to Miss Elizabeth Snow. On the 1st of March, Mr. James S. Feiiris to Miss Francis Williams.

by the will of no one man, or part v, and I still

retain too much of that blood which flowed in the veins of the pilgrim fathers to be driven into subjection by either your threats or 3 our menaces. 1 am determined to stem the current of corruption which is sweeping o'er our

land, and bearing a wfiy every land mark of

the llevolulion.;regardlcss alike of the opposition of cither "giants" or "pigmics.'', Understarding sir, that in your beautiful speech above referred to, you advocated the

revision of the laws by the Legislature, by stating that they were the proper individuals to do it that it was invariably their practice and that they done it in 1821 and 1831, and that there was no complaint then. The revision of lS'ii, was before I entered upon the active theatre of life; but I happen lo recollect something of the revision of 1831. I know there was great complaint, and that not w ithout reason. Some of the most important'laws

and provisions in our code were left out of the statues of (hat year; and it took five whole years to correct the blunders of that revision.

1 As doubtless 3-our recollection mustbe failing,

I will name a few ommissions in that code. The law requiring justices of the peace to give

bond for the failhl d performance of their duty was omitted; and those elected in that year entered upon their duty without any such security. And the victims of this blunder may testify to the consequences. The law also relative to Presidential electors was omitted, and the State would not hae had any voice in the election of President had it come on that year." These, together with various other blunders we could name, which were au injury to our citizens, and against the interest and

nmsneiitv of the State.

I recret very much that your feelings so far

blinded your better judgement, ns lo state

But I chose rather to live in indigence, and

be abused and slandered all the days that Providence has numbered for mc, than to purchase ease and affluence at such a price. In conclusion, as 3 our patronage (o m3" paper has such a "pomp ring" influence, I would advise you to withdraw your support, as it might serve, if you do not, to blind my sensibilities relative to the claims the whig party

has upon my services. And as a means of

supplying yourself with a paper conducted by an obedient editor, 1 would advise you to instruct Mr. Brown to insert a section in his revision, providing every member of the last Legislature, with live papers the year round, instead of thirty per week, during the session; and instruct him, also to select such papers, as the "pompering' patronage of the Legislature have rendered ns tame and obedient as doves. Very Respectfully, C. F. CLARKSON.

THE undersigned takes this method of informing all those who are indebeted to hi-Ti, as well as those who are indebted to the firm ef Kennedy i.y Castor, that their accounts are left in th? hands of Eeqr. Barwick for collection. TOMAS KENNEDY. Brookville, Feb'y Cth, 1838. 8 3w

R. HAMMOND: Having understood that an impression had ffone abroad, that Mr.

Alexander Coulter's large Beam is inaccurate, and that some efforts have been made to injure his reputation in consequence, I wish to state to the pnblic how this originated. Some time last fall I repaired Mr. Coulter's Beams, and now assure the public they are correct. My painter however, in painting the large beam, so filled up the figure 4 in 240, that it had the appearance of ONE, making it read 210 instead of 240. This was not observed until the beam had been used some little; and this is the simple circumstance that has given rise to the report above referred to. Respectfully, R. V.. PHILLIPS. Jan. 31. G-Gw Cin. Gazette.

B'

that "every word" of the article in our last pa-

nor l-.orf.tr torn referred to. was "false and ca-

luminous.' 1 have too much respect for you

and your friends, to say you knew better w hen vou made the statement, but will say, there

Administrator's IVotsce. "ft ETTERS of administration on the estate of ILi Gideon Sands, deceased, have been granted to the undersigned. All person indebted to said estate will make settlement immediately, and all

persons having claims against the same will present them legally authenticated for settlement.

The estate is probably solvent. JOHN SUNMAN, administrator. 2!M Feb., 1838. 93 w

A Polite Request.

VIE subscribers beg leave to inform their

friends and customers that they are desirous

to make settlement, on or before the first of next month, with all who have open accounts standing r,n ti.oir hn.ika. Those who mav be unprepared to

close their accounts with cash, will be expected to

no it hv note. D. l'KHJBoU

Brookville, 13 Dec'r, 1837.

50

vel and for Sale,

J. WILLIAMS' make of Coopers' stave, backintr. hollow ine, heading and chancering Kniyes.

Feb. 5, ISot.

LUE MERRIMACK PRINTS. Just re

ceived a good lot of the above calicoes, and.

for sale, low, by II. D. JOHNSON. Sept. 20, 1337. 3d Eastern Funds Wanted.

"ifcjOTES on the Bank of the United States all JLI so on the Banks in the cities of Boston, NewYork, Philadelphia and Baltimore, wanted by Nov. 24, 1837. R.&S, TYNER

For the Indiana American. Drcwcrsburgh Property Protecting: Society. BE it known that a meeting of the citizens of Drewersburgh and vicinity, ia White-Water township, Franklin county, Ind.,held, ou the 27tb, day of January, 1338, for the purpose of forming a society for the detection of thieves, which society shall be known by tho name of the Drewersburgh Property Protecting Society. ' 8-3w

ASTERN FUNDS W.I NT ED pply at Zi the store of D. PRICE & CO. Brookville, Feb'y,. 21, 1S38.

R.

S. TYNER.

CLOTHS. CASINETS and CASIMERES, iust received and for sale, low, by r.ov 1837. H. D. JOHNSON.

A. D. & G. VIOLIN STRINGS, of a first rate quality, for sale by

Nov. 3, 1337. H. D. JOHNSON.

IFTH INSTALMENT The stockholder of the Brookville Insurance Company are re

quired to pay one dollar on each share of stock subscribed, on the First Monday iu February next. By order of the board JOHN V. HITT.Sec'y. ROWN FISH OIL Tor sale by , Feb. 8, 1S38. R. & S. TYNER.