Indiana American, Volume 7, Number 49, Brookville, Franklin County, 4 December 1868 — Page 2

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I noo.;vn.its- . .. ...?.:.....;. 4 '"" C:::::i-Cr:r.fr I.:;j:rity -..- r -j i.. w i ; , 4 s,. OoTtrscr .and Secretary of State ."crlLlzx tr.i Jeiga.eC the Judicial r! :;:t, risva thrown otit the "entire tote l..a J rifif of Avayelles, Weit Felie'ir, Franklin, Jacksoa,8 JtHerson, Or- '." t," llernard, l'iVme, fi.John I hi r-"7fVt Jlarnliii and WisMcgton, for, iz'pJUj li the nasser of .making rt iad uc;!ira tat jb U;!rtoroi, 't rrnid;' ! from those "p'efUhea! j' Vej the entire TOtt for Grsot ;C7,:ilV"d fVs'Stjnosr , 4,1?5. Ibe r-:::;ttj; Cc:r::;ta tr tcUrei ten ill lat tie Cceoftci District, To Ci'Jitür t':ttil only the pirishes of 1.3.T:-lzi, V'C Cttrjii end b'u Jaaes are co;:: 1, r,ivin;; tT:i certcte" to Sheldon, f?C fall tjra.aod ta Msnsrd (negro) f r C i t .2r;::ri tern. . , ' . " it Ovi.'e ays: ' it'. Tta nsws fron Xcibic r ill r' .all partial. It - ' jtw!!itl t! - . - - U caeleoi.jj day io cireral ptrishts, with a consistent iUrt'tri and co-jtcr:? of law, wade ".th:ir fr' rtj -tithest . reference, to the f.:a c ."" '::;:.ri fcr atitute made end :t:: 7 La tacieqofnoe u, that, the -rief. Cut Caaftaaen,. bound bj t -J cz'.-t t do, threw out the iuformal eai trrc-ahr retarn. wbicb give the L'ti to Uraoi od Uolfax by. majority 'cT c::rljf treaty fuor thouaiod.. It aeeux, colored dq h ttta elected f.ca cat of the districts to terv oat the tts::irjitera of aoisebody io the, prea tzi Conrctj, The x'5tlm,T ttcltX rrzi , jl;!?f,tt ta the Chicago Copreotiod, b est ta biaci t rainy cea who comider 'tl;::l:i white, end lit penoa of,courttzzs tzinccn tod .aupcrior culture. ! A cosifilation from o2oial reoarJi retrJiog the Indian win ibowethe cost oi the Tirioui ware of the pait forty yean to liar been aa . .follows: Diack Hawk, war, 400 li end ü,üOO,ÖÜO; Sctainolei war, l.tOO.lirce ead ClC0,000,00O, only 1.60U 'i)'the IndianabelDijr' warrior. ' A war with the Creeks and Clerokcen, abouf lie Mice time," ooat $1,000 0U0.. Tho Sioux wir of t832fwt800 lire tod f tO.OOU.OOO. The war cf ISC 1 cunt 1.000 live and tC.O,000,000. The Cheyenne wir of 1SG7. SCO live, end beut. 112.000,000., ' The Indian rrocbtes on the .l'aci&e slope for the last twenty years about fjOO.000,000. $20,000.000. , The whole troubles in New Mit, a tt wejifo, or wiuoii me usi -item (onus prt, S15ü,C09,Ü0O. .Members or the Veace Co;3roi!or wilf meet in Washington ; in i short tiiue, sod urge upoil Congreie to pt:s ell the "maaurti neosiary to carry tii tit policy it hu iJopteJ. ' Cn. Onnt't Movfmsntt. General Grant was to leave Washington City on Monday for Boston, where he inUndi Hopping for about i week,' While iere he will visit Harvard College to make arrsojftmerts for the idrniMion next eutn bar of hi boy. Mrs. Grant goes with Mr hotbsnd it fir IS Phiiidphis, and srill subsequently meet him in New York, vfcera they are to have reception at a private bouse on Fifth Avsnas, and attrnd the weddiog of Kx Governor Fish's J:v-Kttr. , (Jeoersl Grant will Lo accotu pinied la this trip by Geo. Corustock, of kit stsJ. The party will retarn tj Washington about the 10th of December. (Jeneral Grant his decided to attend the reunion of the arcles st Chicago, on tha lGth of Decctttber, lie will return fro a the Last in time to aecompsny Gen trtliGeore U. Thomas and ohofiold and quite a body of oQccrs, who will go tofttberfroa Washington. From iofortna tios) received in' military circles, It ia tos-ht the reunion. will briog together ia era oC!eers than Iure tuet at any time liici the close of the war, Th Cu--- Z '.Ttt'.lort. A letter from Cuba aajs the authorities lav b::a n:h csra cabarrasssi by the trangth and vigor of the insurrsetionary party thaa they have confciscd, and the t'pseisb troops have tutt serious reverse, and the insurrection is extending to all p;rta of the Uiand. 0 e object of the io urrectionist is to extirpate s'avery, which has long been regarded as an evil by the Cuban party, as It, is called to distinguish It from the fpaolih party. Another ob Jeet lato establish the Ittdjv mlcnce of Cubs. They eomdilu that i hay have auf fored froiu ?pii precisely tho wrongs that the American Colonic euflferad , from KngUnd, aud they intend to assert their iiidapeodaoee, to oxpel the Spaniards, and set up a republio. Cubins in Now Vork City, ia corracpoodence with the insurrec ttoniry Icsders, express a tciivf that the eiovetueut will suoceed.' V ' Tho Qrivt! Road Uw, The Ciociooati Ca;rtte of Tbursdsy cf last week bsa tha following: The people cf Indiana have Veen for a Ion? time vsry much agitstad with regard to the validity of an act of iho Legislature known ae the fiuvel Uoai law, paaod, we Uli, in 18t7, to fseilitate the ooustruotjoo cf Ku"i rosds in that btate, , by sutkormng the assortment of the cost t( the road n ibe property inituediately benefiia i lud iint ruved. The vxecuuuo of the Uw in"nne' isit of the j:rt tpMtiiloi. A tct o -was at length cartied to the Supreme Court for a d"im.j.i uii tha coostituüoDslity of the act.

The long waited for decision was rendered jealerday, and it clearly Grms both the coostitutiorUirty and tt rao-tblca: of lie provii-ians of tie ' .w." .

Stxt Exp:r..;:.T;: '.Z7 3tr.3vc!:r.t ?ur- . '', '; pi-:;- t' v From the . f&rthcoalnß'report of the Auditortf State tar - the Legislsture .the following OgurcS re taken, ahowing-4b expenditures fur benevolent purposes the past year: 'Ifoapital for the Inaane, $80,213; jconltroctroa cfthe' north wing of the aame, ?40,0SG 23; Alum for the Pcaf nci Duoib7$f-,T07 '00;" Institutioö for the 'Blind,' $32,fe07 SO; 8öUier,,.Ilotnet $14,713" 73;. Uoun lef Jlcfuge, $20,519,iOjt'tate Friaon (Dorib); current expenaes, SSG.STO 02; r-onatruction of the same, $r.3,rCl;.Eu'tRiinsVK!.(soutb),''eC2)25ir The Indttoiaoa resident in Washington City ire gofn's'U' cill 'oo Spesker Colfsx a bod, next Monday ereoing. . Qaite extenire arracgcmeoU for the , occasion h?e been made.--' - - Universal SufTraa. V e must," .lata cenator Sherman, "Jat'n hare cnrerfcl surrao ss S c:. t .1 ;endi-nt to the ::rr.ing Gr:r.t. d weighs one hundred Grant i s f nd fty.-- 'vi'a;.;;- . Grant cevci t ' ; Greeley before be met him at breakAul ttlolmonico'a the other ' , 'Hxtlred. lion. II. C. .Newcorub, ' who hia been political editor of the Indianapolis Journal, since 1 SC I, has retired from that position, and will resume the practice of the Iiw ia Indianipolis, ' , , . , . r1" -- "Df MO&EST'a Monthly.' The Christmil number of this, admirably , conducted magasino 14 ödf, and' is really a gem. The fashions are profuse; the contents, literary and artistic, of the hübest class There Is a beautifully illustrated House hold department, tuusic, and .each worth the cost of the msgsslne. We do not see how any lady can sfford lo be without it. tt lus, moreover; riöne of the frivolity of tl o ordinary ctma' of fashion magazines, but much tf the'bijjh tone, and sensible, practical character, of the best huroposu Monthlies. ' cubnenbe ' lor it. tJ per tear, with a rrrmiutc. Fubliihed at 4 3 Uroadwsy, Nf V;,- ' - Trie "Gravel Road Law." The art of Jhe jai General Assembly providing for Constructing' and maintaining turnpikt'S throbghout tho State by as ccruot öo the' reitt estate of landlords within ODo'ind a hlf miles of the' line of och turnpikes, poputsrly Vsllcd the "gravel rod Uvr," wa exteohlvely dragged into the late canvass of this Ütate, as an issue, 'bv the Dcmocratio rartv,who sought to tuske tho Kepublican party of tins State responsible lor the enictmect of that law, which, it is aald, is offensivo, and unequal and' unconstitutional. The measure wss not in any senso a party measure, having been opposed and advo cated in tho Legislature by Republicans nd Democrats ' indiscriminately. Hut Governor baker's course in signing the bill wsa liberally denounced by Democrat ia speaker, whichthad the effect io eome localities to red dee the Republican vote. In our Court reports this morning will be found in full the decision of the Supreme Court of Indisoa In a test case from Je? fers on county, involving tha Constitution alily of this Uw. This opinion for the tiisjority of the Court wss propired by Judge Hay, and sustained the Uw both on Constitutional grounds and aa a measure of wl' publio policy, ' Justico Frsrsr dissents Irons the opinion of tha majority. I ho Uw, is il standest piesent, though constitutional and iu its spirit calculated to tirestlf benefit, the publio as well as privst Interests, doubtless contains de frcta that will come up for amendment at the ensuing session of the Legislature. Journal. ,, ', . Meituret of Feie. The New York Herald ssys Utoriilly: We learn from the best attsiosble authority thit Generil Grint ia emphatl all r in Uvor of so emending tho consti tution ae to limit therein the I'reiident to cue term, and to mike universal suf frae, or auffrsge, to taalo clti:ns, of al rc:s and colors, abovo the ago of 21 t'cS'rx," t..Jf-wifrr-Jatr of the Und.' With regard to universal sulW. we susrcctihe Constitutional Amendment. rwoie ii, wiuou jiruyiuwa ins mi irjTtrai States may regulate lutTrige each for itaelf, . - i . "i i' '.1.1. tit J : il. .1.-4 .1. - i but in proportion's the mlliagt) is re atricted rcnreicriUtioo shall be restricted, is not coDsioored a settlement by Ucnersl Grant, but a rule apt to result in endless troubles from tho coofliotiog plans likely to be adopted among the States, 11 once, uo doubt, General Grant has conoludod that an amendment miking universal manhood suffrsge the supremo law of the Und io all States and Territories is the oulv decisive solution of this otberwiso embarrassing question. Hon.' George , W, Julian has received hie certificate of . election. This we sup ft r. . . . a posca would lettlo tbo question, but wo ere iotormeJ that Jude Held Intends to cuutett bis seat before tho House of Representative at Washington. The eon test will amount to nothing, and Keide fiiends well know it, as the refusal of the titate officials to go back of the so (ion of tbo Dosrd of Canvassers of Wsyne county virtually aettles the question of the illegality ox the vote thrown out. Greenfield Commercial. This morning wt aaw tho corps of en Kineers on the Fort Wsyne & Muocie H.iilrosd, prepsring for a campaign on the libo of this road. Tha work will be put through at a rapid rate, and will be ready fur ihn iron iu a abort time. Tho coutrao tors, . Ucftsrs. Jlird, Sturgts. & Ney, have lud many years experience la railroadioc.

8si' exüitediand ra emnhaticaliy tha rieht men in the

right place. Fort Wayne Democrat, Congress will meet next Monday, 1

Wrlltsa farthe Amsrb", Fort Riley and Its Surrounding;. , T-io3 ia Ksissas durln- September last, I want with my son James II. McClure, who lives in Janction City, to; Fort Riley,

which is titusted on the north bank of the Republican River, near its junction with tha Smoky Hill River. . Fort . Riley isnot really a fort, but a depot for provisions and a rendesvous for soldiers, and is situated oo a bluff bank of the river, about one hundred feet above the river, on uneven ground, and consists of twenty or thirty well built and commodious cut atouo buildings for Quartcrmsster, Commiarary, Surgeon, Chaplain, and the nisny oCk-ers belonging to fcn 'army,' barrack for meo, and atalling for five or six hundred horses, each stable calculated to bold one hundred horsea. ' Tha stables are all msdo of cut stone, and built, in tho moat substantial manner. I saw two ricks of prairie hay coutainlog four hundred too each. '' ' The Rey. Thomae Reynoils, Cbsplaio at Ft. Riley, told me that the improvements there had tost the Government per hapa $1,500,000. The grounda are 11 open, without any sign of defense more tbjin aeniioeU.'- Near this' fort' is the grave snd monument of Msj. OKden, who died. with the cholera in lb5G,i believe. The monument is situated on ahigh point of'. Und r'r 1 '"..f-?.-1-1- ' rr:r . 1 i -t I ever beheld. 1 ju csn see fully ten miles up tho Smoky liill aud Republican Hirers, with their vslIe)sfrom five to ten miles wide, snd down on Junction City three miles off, and also down the main Kansas River, towsrds Manhattsn for ten miles or mora. The bluffs or biiia are about two hundred fret high, with a white roagneaian limestone border about twelvo feet thick, which shows oo the hilla. ' ' . I went from Ft. Riley about four miles In a westerly direction on the highlands io the farm and residence of James' M. Harvey, Governor elect of Kaosss, ' who settled there several years ago. He has a small improvement and also a young orchard coming on. There is not a stick of timber nor i bouse In sight except hia own thst I could aee.'so that it could trnly bo Baid'he is monarch of all he survevs: his right there is none to dispute." Ilia house, garden and fsrm are in one enclosure. The soil is Hack, and from the appearance of his corn and truck, ia Tery productive. I understand he does his own farming. ' We drove in at his gate, which was open, and drove around his bouse, which is a small one a half-story frame about 10 by 18 feet, with small windows in each side containing 8 by 10 glass, and a door in each end with tho Istch-string hanging out. Close by stood his old log hous-j covered with sod, which be had lately moved out of. This is as good a description as I can give from a hasty examination, ' Governor Harvey wss not at home, but I im told that he is an honest .man. and possessed of good common sense.' He wss Captain in a Kansas Regiment dur log our late "unpleasaotocrs," and made an efficient officer." He hsi served severs scsaiotiain tha State Senate. Hewaa nom inated for Governor over several able Ad m eft influential men, ueoeral Carney among the rest, who has been to Congress, I beneve, snu woo is one oi tne ricneat men in the State. He also beat a Mr. Glick the Democratic nominee, one of the finest oratora and most polished men in Keosss running ahead of him more than two to ooe, and also running ahead of bis party everywhere. Kansas is one of the most radical States in the Union. I see from a Kansas pi per thst about thirty ladies voted at Law rence at the late election. Mrs. James H Lane among the number. If they should be allowed to vote generally, wa woul aoon have a Main liquor Uw that would be eüociive. WM. lUiLi.tnx. , . For ths American. The Departed Summer. Winter has come egsin. The fine Sum mer days of the past hive flod forever and except the sweet remembrance of our baviogonco enjoyed them, haro only lei us emblems of frailty. How all the fao of nature Is chingedl The riys of the sun faintly pass through the gloomy clouds and fall upon girdeua stripped o flowers, upon . fields where scsrcoly any trace of cultivation remain, and upon hills where only a few scsttered hetba are seen, The soft melody of birds no longer float on the ilr, and tbe mournful silence which universally prevails is only inter rupted by the croaking of rsvens and the shrill eric of birds ofposssge which leave us um mvj rvck mure icmpe rate cum es The neighboring bills are nearly deserted the nocks have deserted them, tbe bleat, ingof lambs is notheerd, and tbe flower beds io our gardens ire laid waste. How dull and gloomy are the fields which lately ncre u uunmiiuu uieir neucnuui ver dure is succeeded by a melancholy aspect, and thir eharma are withered. The clouds sro heavy with rain and snow, and tbiek mists veil the morning sun. Such are the prospect which Nature now presents, and who can contemplate tueni without tbinatng on the frailty and uncerlslnty of 11 earthly things? Tbe fine day ire no more; even while we were r xioue to enjoy them, they fled away. Rut have wea right to murmur at or toquea. lion tbe difpensitioai cf Frovidence? Cer Isloly not. Let ui rather call to mind thoso dellgbful Summer days and the innocent pleasurca we theo enjoyed, and we ehall bless and adore the God of the sei sous. What sweet senstlon have we not experienced; what pure joye have visited our souls when we contemplate the beau tie of Natur when we watched the hills and the valley a gradually become green; when the csrols of the lark were hesrd imoog the clouds, and the plaintive mel ody of the nightiogile stole upon, the breeze or poured along the groves; when wo inhaled the .frsgnnt breith of tbe flowers; when Aurori, rising from her rosy bed, smiled upon Nstore and diffused arouud her joy and festivity, or while Ue forests and the bills glowed with tbe parting raya of the son, retired beneath the Weatorn miipl How rich ire the presents a a . e t .a we nave received irom tne giraens, tne fields and the orchirdt How exquisite tbe rspturci of our imiginition and the pleiiures of oar lensesl And cm we think of the lovely month thit are past without experiencing tbe sweetest eruo lion and blessing tbe great Parent of Natore who has crowned the year with Iiis blessing'

Wo now livepon the gift of Summer and Autumn. We have seen with whit aotivity Nature labored io those delightful sessona to Accomplish tho beneficent viswe of the Creator in favor of man. How many phMs and flowers hss not tie Spring catid to bud, bow many fruits baa not the Simmer ripened, and bow many harvests are gathered in Autumn! At prtient the earth his Completed her designs; for this year, od ia.now going to er.jöy ä shoit repose.' Thus Nature is continually active during the greater part of the yoar,-ad even during the titue of ber apparent ecsnstion from labor is not entirely idle, but is secretly preparing for a new creation," Let us ask ourselves the questions, fciTo we been eqaslly 'industrious? have ws so employed our time aa to produie fruits? The husbandman now eopnts his sheaves, and shall we not be abh to reckon some good virtues or some good .works? While contcmplstlog the inn, the flowers, acd all that ia interesting la Nature, have we experienced such eon timents as the views of so maguifieent a spectacle ought to excite? And ean we testify that this Summer has not been lost upon us? " ' ' ' " We ire Still blessed with life, and enjoy the powers of reflecting upon the Spring and the Burlier which havo jnst passed; but since tt''U1G,wnirjp of Spring, ere tha Summer sun looked down upon the earth, how t ny oullbta.faaid-fiöo 'V-- r .'ay into the dreary confines oi death! But the period bssiena when we shall also depi; perhaps we shall never behold the bloom of another Summer. Lit us each one seriously re fleet upon tha account we will have to give, when called upon, of the day which we have passid, end supplicate the God of mercy not to'enter into judgment with us. . , i , J. W. 11. New Trenton, Ind.

GEN. GRANT'S ANNUAL REPORT. WiSHisaTO, November 20. The following is tho report In full of the General d' the, Army for, the present yesr: . - HiAiKjrjAUtins AumyoftheU. S., "Wasuinüton, p. C, Nov., 1808. J To Gen J. M.Schoßtld,SiCTtaryf War: 'Sin:.. I tnYd the hooor' to. submit (he report of Division, District and Department Commanders for tho t past year. These report give a lull tccoont of the operations and services of the army for the year. I refer to tneni for details. "1 would earneatly renew my recommendation of Ust jear, that the control of the Indians be trsnsferred to the War Department. I call special attention to the recommendation of Gen. bherroan on thia subject. It ha i my earnest approval. It is uonecesssry that the argument in favor of the transfer should be restated; the necessity for it becomes strouger and more evident evety day. "While the Indian war continues, I do not deem any general legislation for the reduction ol the army advisable. Tho toops on tha FUiua are all needed, troops are still; needed in the Southern $tates, and farther reduction can be made iu the way already used and now in operation where it is, safe; namely, by alio tag com?panie to dimioua by di dischsrgts without being strengthened by recruits, or by stopping appoint ments of Second Lieutenants. If it should be deemed advisable, the Vetoran Reserve Regiment might bdiscoo tinned by absorption and retirement of tbe officers, and the discharge of the men, without detriment to the service; "Very respectfully, your obediontservsnt, Signed "U. Ö. Gbant, General." . Gen. Grant's Opinion. . In connection with the re iouimendation of Generals Graut, Sherman and Sheridan for the transfer of tbe Indian Rurcau to the War Department,' it may properly be mentioned that General Graut, In private conversation, .expresses himaelf very strongly on the sui ject. He says that, in bit opinion, we shall have do permanent peace or security on tbe . FUios till this trsnsfcr Is msde. lie regards the whole i syitem of furnishingeuppliei to Indian a vicious, and needing reformation from the bottom. Tbe Indian are ostensibly upplied with icotes of thing! for which they have no use whatever, nd re awlndied both In quantity end quality even of these goods. Guns and ammunition arc conatantly aold to thsm, in violation of Uw, by agents or their eiste. Agents generally care more for nuking money than for anything else. Thvro is no way for punishing thsui through tbe courts; there is not od cannot bo under tho prceent system any security to the governmeut for tha appropriation made iu behalf of the Indiaus. The General ssys if the Ruresu were transferred, Indian supplies would then be furnished, and tho wholo work could le done at from one-quarter to one-half of it present cost, The army now gets all tho kicks and cuffs on iocount of the Indien troubles, ind csn have no voice in Ipdisn management. He think tbe Indians should bo put on reservatiens,.5cebly if possillo. forcibly if necesssry and then induced or compelled to beanv'a themsolves, and that it would not be vory diCicult to make Ihcm do ao if tbe piesent system of agent and traders wss broken, up. Such a course be holds would be a measure of economy for tbe government and conduce to the comfort and woll being, not only of the settlors, but of the Indians themselves, and in the end would promote the bsppiness of tho Indisoa and the progress oi civilsatioo. , Gen. Grant's Successor. . . The matter of a successor to General Grant, ae General of the Army of the United States, is boing agitated, somewhat, in military circlo and speouUtiona as to who the honor will be conferred on are freely indulged in. Tbe Aot creating the grsde or Uenersl fTOvidee for tbe appoiutment, by tha Proadent, with the advice and consent of the Seoet. Tbi act i only, temporary, or specific, in it sppliostion, and, when Gen. Grant shall beoomo President, it will re main with Congress tossy whether it shell continue. It is most likely tbst this will be done; and while msny suppose hit Gen. Wro. T. Shermio will certiinly; be tho man, it ia hinted, on the oontriry, that Gen. Geo. II. Thomas is (j en. (J rant's svorite, and will likely rcocive his tocommendalion. - Tbe skill, coursge, ability, and dlstinulshed service of Gen. .Sherman will, doubtless, be properly recognized by Grant' Administration, but the highest fniliury honor may be reserved for Tbo mis. Greensburg Stinuard.

THE CONSTITUTIONALITY OF THE GRAVEL ROAD LAW. Decision of the Supreme Court. ?rIt Di'i-stch to tbe Claolnnfctl Qssettt. . lMiANArou8, November 25. The eise of Law and. other vs. tbe Madison, Smyrna" L Graham Turnpike Company in appeal from Jefferson county, and Involving the constitutionality of the gravel road law,.wblch was passed by the last Legislature and which has created so much feeling in certain sections, wss decided to-day in the Supreme Court. The opinion is a follows: - ' OPINION. ' , s The iprellant filed their complsint averriog. that they, the owners of real estate within ooe and one-half miles of either side of the terminus of the spellers' road, the ssid sppoloes being a corporation organized under the act of 185 '-"authorizing the construction of plank, maoadamised and gravel roads. (1 G. and II. 474.) It is alleged that the appellees have procured the Hoard of County Com miasiouera of Jefferson county to make an assessment of the benefit to accrue from the location and construction of said road to the real estate belonging to the appel Unts.'ind that tbe Auditor of said county is proceeding to place tie emouct so asHCsed upon the tax duplicate fur the year 1807, to be collected aa other taxes. An injunction is prayed for against the appellees and the Auditor od Treasurer of tsid county. Issues were formed od atrial had, mulling in a special finding by the Couttfor the appellees. Tbe point pre.se u ted by the record for our consideration is the legality of the assessment upon the real estate for . the purpose of the construction and completion of the road. Thia assessment is made' under the authority of an act authorizing the tcnment to the extent of tho benefit received of ail the lands within oue and one hall milea on either aide, or within one and ooe half miles of tie terminus - of my plai.k, macadamised or gravel Toad or gaoized under the said acts of 1852 (acts of 1SC7, page 1G7). It is objected that this mode, of requiring the . payment of money, is in conflict with that part of eeeti"u 22, article 4 of our State Constitution, which prohibits the General Aesouibly from paseing local or tpecial laws for tha sscssiucot ud collection of tsxes fur the State, county, township or road purposes. It U lso insisted that it comes in conflict with tho firt e-ciioo of, article 10 of the Constitution, which reads as folio wh: "Tbe General Assembly shall provide by

lew lor uniform od equal rate oi uasesa ment nd taxation, and shsll prescribe such regulation, as shall secure just vsl nation for taxation of all property both renl nd j er n i , &n. iu the ca?o of f aimer vs. ötrumph, at tho May term of (his Court,' we exi mined the question as to the constitutional power of iho Legislature to provide for the construction and improvement of the streets in cities by a?st.iog upon adjuiuiug prop crty so much of the benefits which hould result to such . piopcrty , as might be required to defray the expense of such improverqenr. Yo found io what seemed to Us a fair, reasonable coosii uciiou of the language of the Instrument which can alone limit tlio legislative power, amplo authority for this method (f requiring each j iect of property which received peculiar end special benefit 'from auch work of improvement to coiitiibuto toward the cxpente iucur i-d, at least soue portion of its onhsnced value. The only limit, it seemed to us, upon the ' exercise ' of this power in any given rase, was that the rate of assessment should be uniform snd equal upon all property receiving special be nofit; that is, on advantage from the improvement not enjoyed by the owners of all other property. This, of course, requires thst the subject matter for which the ftiscssment is made, results in local bene fit to property within eome special district of t'outitry, and that among- the motives which prompt the improvement this special benefit is not lost sight of in the mora general and larger good resulting to the people an citizens, and entitled to the gencia! csre and protection of the Uw mukiug power In common. To aid us in the construction we placed upon the provision, wo bsve cited from our orgs n i ft Uw, We looked, Indeed, to tbo general conrse of legislation is it ex Isted on such subjects before, at the date of, and subsequent to the adoption of thst controlling Uw. From that examination wo foutjd that the rule charging upon property receiving special benefit from' any authorized loci! improvement the expenses attcuding such work, has been long and constantly recognized, and, indeed, ilmost unchallenged in this State. Such a continued course of legislative sction certainly strengthened us in (! conviction that the Convention which formed the Constitution under which wt arc now siting intended to rccogiiit'i a distinction botwoAn tho general powers of taxation for purposes In which a citizen or inhabitant ot cither tbo Stito or small territorial divisions all are generally interested, nd !esmcnts fur Improvements resulting iu a special benefit to property, and. therofore, reasonably and justly chsrgcsble with the expenses thereof. The right to appropriate privato property to a publio use, to take for a hlghwsy a strip of Und, springs from the right of eminent domsin. The power to assoss upon tbe adjoining property benefited by such highway being tuado, the expense of its construction, icstn on the power and right of the State lo tax, but a Constitutional Convention may require thst the general taxation shall be upon a just valuation of all property both real and personal, and may also authorise the sststment at a uniform rate of the expense of any improvement upon the propeity benefited. They have the rower to impose conditions upon the Legiafature in the one case not enjoined Iu the other,! although tho foundation of each power rests m the inherent power of a government of the people to tax the people for its support. Having determined from a construction of the Constitution itself, and found support in legislative sction for tho construction idopted, a usjority of the members of this Court have not felt, that it wss proper to determine from the legislative exercise of a power given by the Constitution tho limitation of tho power, or the sui ject which should call it into ezercUe. Indeed we would fuel still tuoro reluctant to impose such a limitation upon a present existing statute limply because no prior legislative isicmMy had ever retarded It

as expedient to exercise thin power ss sp plied to a given subject nutter. Having found the power In the Constitution, we should ruber Is expected to look to precedent, aotbority and the resson for the rule, and thus dctermina the proper limit for its legislative exercise. Streets and highwsys may be constructed by taxation, as distinguished from an assessment, but they both eem equally proper object for the application of the principle of assessments on tie ground cf locsl benefit to firoperty. They re constructed long the ine or through tbe lands of a proprietor, tbey becomo part of the Improvement or betterments of the Und itself,' they are outlets required for its full enjoyment and use. Tbe application of this rale of Assessment hss been msde to hlghwsy ss esrly as 1091, io tbo county of Ulster, in the colony of New York, (Dradford laws 45.) In that State it has been applied to highways, turnpikes od the draining of marshes. In January, 184C, an act was passed in Ohio to lay out äud establish a free turnpike road from the town of Pcrrysburg to the north line of Wood county, and the policy wn adopted of constructing Such roada '!n the northwestern portion of that neighboring State through the medium of corporation created lor that purpose, authorising the assessment for their construction of a special tax upon tha laods situated within a given distance -of the proposed road. The applicationMif the "doctrine' of the assessments to the building of turnpikes through the medium cf corporations waa sustained in Reeves vs. Treasurer, Eighth Ohio State, 333; in State vs. City of New Dronswickj 30th New Jersey, (law report 395). It was held that the city authorities, if, io their judgment, the health, comfort, convenienee or proiperityof the city requires, it tusy order a turnpike coming into the city, to be graded and psved at the expense of the owners of the lots fronting upon it. In the case cf Mayor, &c. vs. Livingston Sth Wendell 65, the Cban. cellor used this Unguige: "It is a well settled principle that where any particular county, district or neighborhood is exclusively benefited by a publio improvement, the inhabitants of that district may be tsxed for the whole expense of the improvement in proportion to the supposed benefits received by each." Ao act of the Legislature of Pennsylvania authorized viewers to take into coofidrAtion the advantsgea of laying out . highway to land owners, and to assess the property benefited for the benefit of other, property injured. In Nicholas vs. Bridgeport, 2 JJ Conn , ISO, it is said in tbe opinion by Hinman, Judge: "Most of our highways are laid out by the selectmen of tbe towns, and the expense is borne by the tcywn in which the highway ia located, though in regard to many of them tho inhabitant ot the towns have a much less interest

than the public beyond tho local limits of the towns, but tbe towns bear the burden becsuse the Legislature hss thrown it upon them. It must, with the same proiricty, hive thrown it upon the counties, or even upon tbe Ices territorial corporslioos. He held that, although there may be occa ional Imrdsl.ips ) e' no racie iq'iiiable system has been devircd, and was ot opinion that these principles are deducible from the acknowledged rights of the publie in taking laud fur a highway, to coo aider the benefit accruing to the owner aa a set off to his.claim for compensation in whole or part. Iu Mississippi, a statute in regard to levees oo the river, authorized a uniform tax, not exceeding ten cents per acre, upon all lands lying on or within ten miles of the river. Tbe law wsa austained. ' Willisms ts. Commack,,27 Miss., 209, Id. 405. There are other authorities lo which we might refer, but we regnrd the precedents iu such full accord with the reaon of the rule thut we do not regard the suiject as requiring any further discussion. That the law is not spccisl or local was determined in effect in I'almer vs. Stumph, mi'ia. That a toll is exacted to maintain the expenses of the highway, and to render it a free public road in lime, docs not render the Uw Invalid. In Chagrin Fall. FUnk Road Co. vs. Cave (2d Ohio, 419), tie highway was taken by the cor . - r.L .: ...! .i.poruiiun Wllliuui comprnsauun iu wie owners of the fee. The publio essement of the land is ssid to be acquired for a deflnlto purpoit, and the use by thol'lank Kond Company la held lu be the same, the difference being only Iu the mode of levy. lug the tax for construction' and seeping iit repairs. Such is tbe genual doctilue ss to turnpike compsnw, (Angel! on Highways, section 10.) , TLe ludgmeut mudt be affirmed, with costs. Chief J ustice Rsy delivered the opinion. Judge Fraicr duieuts. ORDER NO. 11 General Grant' Explanation. , In September last, Adolph Moses, a promiuent Israelite, of Quincy, HI., at the suggestion of Hon. I. N, Morris, wrote to General Grant to isk whether, is rumored, he reurctted the issuance of Order No. 11, end whether or not he lad any antipathy to the Jews aa a sect or rice. Generil Grant replied in the following letter, iddrcssedto Mr. Morris, trhich we r find In the last number of the Israelite: Gale.ha, III., September 14, 18C8. Ihn I. AK.Morritr . Dear Sir-I am in receipt of a letter of Mr. A. Moses, cf tbe 4th tost., inclosing one from you, besring the same date., My first itioliustlon wn to inswer Mr. Moses, becsuse you desired it; then I thought it would be better to idhere to the rule of silence as to all letters. Weie I ones' to commence answering all political question ssked of me, there would be no time between now and the 3d of November to get through. Mr. Mosee, I think, will readily understand this. In regard to Order No. 11, hundred of letter have been written to me about It by persons of the faitb atTocted br lt. I do or did not aniwer any of tbe writers, but permitted a statement of the facts concerning the origin of the order to be made out and given to some ooe of them for publicstioo. not pretrial to $u$tain the order. At the time of its putlicstion, I wss Incensed by a reprimand received from Wsshlngton for permitting ' acts which Jews withiu my ' lines were engsged in. There were many other persons within my lines equally bad with the worst of them, but the difference waa that the Jews oould pass with impunity from one army to the other, and gold, in violation of orders, was being smuggled through 'the line, at least so' it was reported. The1

- - - - - ordervrzs :-zti t- rzz ci;v :;tsy refection and without Ciaki.-: of the Jewa as a ::t cr r::3 to -:!:", Iric'rl as porsons who bad auccer. .'ully (I oj suteccrfclly, $dsUJ cf rr;;:;3t!j, laesusa there were plenty tf ctlrr Vi.M'a ray lines who envisi the:r suc-;c:i) ti '3 ted an order, which greatly inurtl ta tl help of the rebclj. Cite Mr, JJo$ atfurance t&t 1 Imr a

prriudit oaintt tect er rvte, I t icznt tzt individual to OejUu-ra lj hac ir.trit. Order No. 11 does ooteciuia t'..i su:tttnt, I tdrait, hit then I do not t:::;?.a that order. It never would bave been issued, if it had not beeu telegraphed t'-e roomest it wa penned, od without rc":stioo. Yours, truly, U. S. G RArrr. Ths KswYcrfc CUztvzt. , . No other paper aim at so wide a cirx! of religious and secular intsllhsncs. 1. Tbe New York Observer pretsata every week a labored digest of the nera from 11 tbe religious dsneciBitions ia tbe Und. - , , 2. It has a larger Fvreign Correspondence thin any otbtr rtlHscs Fs?;ri c" cluding resident and trivelicj writers la every onerier of the glots. ; , 3. its corp of Domestic Correspondent includes a Urge number cf the most able and gifted writers raong the clergy end the Uity of the various Christian de noni-tior, brsi''i eminent literary meo a. twotributions to tha Secular, tbe Agricultural, and other Departmenta render them ao attractive to the family nd the genera) reader. - . . - 4. Its reviews and notices of New7 Books ire wholly above all sinister, influences, and are designed to give the csndid end cautious judgment of the Editor themselves. This department covers the entire issue of the press ; cf the country, and will keep its readers up with the literature of the sge. . , 5. It report of the Religious liest iogs of 11 denominations, its promotion of Young Mm's Christian Associations, its sympathy with all the evangelical movements of the age, ita reports of the Daily Traycr Meetings, already conlinueÄ for more lhan ten years, its earnest advocacy of tbe cause of Temperncer SabkatW observance, Revivals of religion, and the union of all orthodox Christian churehesr mark the sphere which it iU for the sdvancemeut of Christ's kingdom. It pro motes good feeling aud fellowship between the various sccion cToer beloved country, od of the Church uf the Redeemer. Ü. With these cummandiog objects aa its mission, it also furnishes light ud entertaining reading io its seeuia pages, making it a welcome visiter in the family circle, pleasant and prc&ukJe companion forbe fireside, every day of the year. Will not II the fiiends of evangelical truth, who know and feel the value of the right paper in the family, UixJ their aid in expending the circulation of the New York Obicnrrt The beat interesta of tbe State and the church, the fature of our country : and the world, depend upon lha ultimata suchte of those principles which it, ai.d others like u icdJ, are teaching and sprcsding. Peace, order and progrese are to be secured only by tbe prevalence off ouiid morals, and they are to b conserved by Ibe healthful influence of the Gospel. ... 'fN- ; N j W '"AD V E R TIS E. M E N TO NOTICE ' iS rtfcy t-tvsft tbst I will tint psy a eertU . nC nitiul b t Altsair Vf. Jwla ton, turthrse baadred anJ ttf bi) dullari, at 4 I Uctubsr, 1K04, fur ihe re tsa ttl lite was scctttstl wtibvat asj ovmiü. ration. Ie 4. ISA S. . JOIJ.N NAYLOR. . Notice to Sporlscun. MltR odrl(ad ktr-tv frara all ftrtae X fmra -purlin j of aa; kin, or fsthsriar ata or varrUs on our trinlxt la Wkli W n.ri.vi. sblp, fraaklia Coaatv, lbdisoa, as Ibe law wilt L trtollr t&rir-(l r-.ini to 7 and all tras soofuamf. liKZKKiAII ItALLUWtLL, In. I THUM AA II AtLOWKLL. THE NEW YORK 0E"SnVEIl 11 a fubit.aing w barUI Biurv, U ra thruujti a latfs fait tke st wlswe, estttlvl -MR. lJUOWNING'S PARISH." , All New eaUscrlssrs will f et tbe Elory Coosplte. Wa .end llrerar A Dakar's 4&S Sawing Macbiae fur IS New hBl.icrit..r. Iii erdsr I Istruciuee the Olnsrvsr t saw rs4ari aaJ aw lrU ut teBaa, a tuSk Iba MIu1uk IIUral flrs for htW 8LUSCRinKKlj XVe III ! ibe Obrvar f.-r una ysar le I subrcribsri, eae er both btla a, fsr 4 SS I Iweor alt IS S 4 " ihiseer all III ft Or, ta any iitrioa sanding es fle er snora aaw abivilbari, a will alt aus dollar t-tumltilo aaarh. -MS" ad Ly cbtoh, draft, er P !- fflaa erJar. baula Cupias and Cuouiars snc Ira. Xsrw, ) SO a yaar, la aJtanae. tflf MKY X. UOUhK, Jr., A CO., Da. 4. IT fark lUw, he Yrk. Dissolution. Tim fitn katwa as t. Jobs A Lerlnt. Muaal Car lue), lad., ts dlrsolvad by metaat vaaiatit. All parsons knsaiag tbawsalvss ladsbltd will ilaie sail sow. ' II. IT.JOflK, Nov. 17-lw. U. Lt'HIMJ, i) rr t t t t xr n. r vro Por Crxlo. IDK andrljnd will tail at private sate at , aay tins any part ff tbo following Real Estate In Rrookilllc, Franklin County, Indiana, - to-wlh Lets 4. 1,7, , 9, 10, 11, IS, It, II e4 19 le WcClasrj a plst of said Iowa. Also a Iraab of aboet fuur aoiss adjoining salj lets. Tbla Srepsny li all la dlrtt!a loeattea aar Iba Ui) lUd. Alio Lot Jio. It ia Allan's plat ef Id lawn, naar Iba Calballe C'barcb, and als one Lot oa Mala Uargai filrsat, naar tbe Orga Motel. 4 Tbisls a goe4 ep pertoolty to pnrtkasa geoa Building Lois that ore rapidly iaeraailng la vol as. , All the Lots not sol J at privat sate, III, On Saturday, Junwr? 2, 18C9,. ke sffarad at publio sale ea !hs aramlies. TKKMH OF aALE-Ona-m:rd down aa day of sale, one-third U twalve antbs, and the re tnal pg third I elghtesa nontbs from line ef sale, Iba dC.rrd paycaaU to hoar latsresl froia date, aud be prp-:y aorad. -mmwttm iVGL'&TA McCLEERT. Nor.iT.iaosew. EXECÜTÖÄ'SSALE. NOTICBts haraly glvaa kaf the aadsntgesd Eiaoator or Iba iat llt of Jbe llnablatosa, dccosid, III offer fcr sale al pabllo fatory, at tho Isto ratlJanoo of the testator to Drookftlla Towasblp, Fraaklia Coaoty, On Siturdfiy, Jkcrvihet 12, 1EG3, Iho panonal popart of sld ostati, eoclitlngof tum 1 nuu b.ba a or Corn la tas aria. HerMi, Cows, Hegt, S'.aap, Tf atUa.Wagoos, Carriag, Farwlat Iiuplamoats, llotttakoid ...., u iirt.n ruiiUoi.aad vsrleasolhrrartictss.1 E.I. I. ka.U tl II t'ilk A. U. IKHMS 6un.i cf k;M .dollars and edsr, esibi ever thrae do. Urs, a traJlt of alee noBths wttl r.a givsn, lbs purrbaiar glvlRg note Itbsrprevad oarltf, wtttf tho Vaaatlof valaatlun and a ) ralo.iiBt !. and bearing to,-' torastfrora data. ,VM. J. PKCK, ev.:o,18C8 Sw. v ' rucuior