Indiana State Sentinel, Volume 4, Number 29, Indianapolis, Marion County, 9 January 1845 — Page 3
A.C. Louden, 1 0 John IS'owIanJ, J 0 Mai tin, 0 2 On the first tote, the Democrat, with one or two ex eeptions, voted for Mr Dillon, the whig generally, with a few exceptions, voting for Mr Allison the whig caucus t candidate. John B, Dillon, the author of the history of the early eltlement of Indiana and of the weatern country, was de clared tlutj elected State Librarian. .. . . . . . A mge from the Senate tnnonnM, that the Senate bad disagreed to ibe amendment of the House to the bill ef the Senate attaching a part of Dearborn to Ohio, pro. iJing for a eparate representative fur Ohio county. . Mr BraJIey moved that the House recede from ai id amendment; which motion prevailed, ajea 53, noes 35. This bill U consequently a lsw when the Governor sigus it. The bill of the Senate ft,r the purpore of selecting land for a site fur a lumtic Asylum, to be selected by Doctors Evans and Livingston Duolap, was read twice and ordered to te er grossed. MrTingley, from the select committee of ten to which the subject had been referred, reported a bill for the completion of the Wabash and Erie canal, from the Ohio slate line to Terre Haute, on the tcrma proposed by Ilinry L. ElUworth, Beard and Company; in two years; which wa? read and pass d to a second ret Jinj. The amendment of the Senate to the bill of the Houe, confining voters to their townships, perfecting the hill, was concurred in the bill is therefore a law when the Governor signs it, . - , . The bill of the Senate to change the mode of doing county business i Washington county waa read a third time and pasted ; also a biil of the Senate to change the mole i f doing county business in Parke. The amendment of the Senate to the bill of the House fixing the time of hoUing Courts in the 8ih Circuit was concurred in ; also the amendments of the Senate to the bill of the House for the relief of Abigail C. Hovey and Lorenz D. Hovey. Ou motion, the House aJjoarned. AFTERNOOX 8ESSIOX. The amenilmeDt of the Senate t the bill to authorie called session of e unty buaid was adapted, aye 4S, noei 19. The bill t authoiize a company tj construct a, turnpike road from Cambiiiljje t'ity to Murtcietown: also, a bill t locate i State road in Jay and BUckforJ ; also for the relief of Benoni Stinson, i.e. were severally read a thud time abd pX5JBUls tjc, passed. Extending the time of payment to purchasers of canal land ; giving to the boiroweis of the sinking and other fund five year to make payment; for the relief of Alexander McClelland in relation to an alley in Georgetown, Floyd ountjr; to locate a State road in Sullivan county; to enable the county board of Putnam to make a compromise with the collector of 1S40 ; applemental to an act for the relief of Naihin Burchheld : fur the relief of a Fienchman
of Knox county ; to repeal an art in relation to supei vi.ora of Boooe county a joint resolution lelative topostaze: to rrgilate the pay of grand and petit juro; to repeal the act to tezulate the mode of selecting j irois in Jackon and Bartbotnew j providing for compensation to supervisors of roid and highways ; supplemental to the act relative to water power at Northport ; providing f.r the distribution of the aline and bank-tax fund ; to incorporate the Elkhart Rras Band ; to incorporate the Crawfordsville and Wabash railroad company ; fr (he relief of Milan Lomcr, (a divorce case,) ayes 5 1. noes" 37. On motion, the House adjourned. Wednesday, January 8, 1S15. SENATE. . Petitions were presented by Messrs. Wood, Reyburn, and Tod I. which were severally refeired. Mr. Ritchey. from the committee on Finance, repotted lack a bill for the relief of Milton Sta: p. for the consideration of the Senate, and teported that it was inexpedient to legislate on the subiecL Mr. Ritchey moved to amend by placing the debt due from the Wabash college upon the same footing. Mr. Defrees moved to lay the amendment of Mr. Ritchey on the table, which was decided in the negative ayes 23, noes 2j. Mr. Chapman of L, moved t extend the provisions of the bill to Victor King, John Woodbuw, and Geo. W. Leocard, which wa accepted bv Mr. Ritchey. . After considerable dieusion, in which Messrs. Ritchey, Davis, Orth, Chapman of L., Farmer and others participated, Mr. Parks moved to lay the amendment on the table, which was decided in the affirmative ayes 27, noes 21, Mr. Buell of D.. moved to amend by adding. " And pro vided th it all securities said StaoD may be in possession of or received, as well as all claims he may tili bold or may be held for bis benefit, in lieu of the amount lost by the Savines Institution, shall be transferred to the State, which was adopted ayes 29, noes IS. . Mr. Carr moved to amend the phraeoiory of the bill so as to make refer to the notes given by Miltou Stapp in a certain lection, which wa agreed to. The bill was then oidered b be engrossed. Mr. Leviton, fiora the committee on finance, repotted back a bill in relation to the assessment of property in Jet fetsoo county, recommending its indefinite postponement which was concurred in. . Mr. Henry, dorn ihe same committee, reported back a bill to authorize the several county boards to equilize the ae$srnent in real estate, recommending its ludeüuite pos'pone ment ; concurred in. Mr. Carr, fiom the same committee, reported back a bill to amend certain revenue law, so far as Kllthatt county was concerned, leeommer ding its indefinite postponement con tarred in. Mr. Chapman of L., from the committee on judiciary, .re potted back a bill in relation to the 9ih article of revised code ; passed. Mr. Daris, from the same committee, reported back a bill to amend an act for the relief of Benjamin F. Scott. Cn motion of Mr. ReybuM, the wvid 44 interest" was strick en out of the bill. The bill was then pissed. Mr. Davis, from the same committee, reported a bill to lbolish the tffice of county auditor in Spencer county, recom mending its indefinite postponement, which was concurred in. , Also, reported bsci a bill to" abolish county auditor Tutnam county, recommending its indefinite postponement Concurred in. Mr. Akin, from the same committee, reported eaint the expediency of lei-latinjf on the subject of the fees of Prose Cuting Attorneys, recommending ittindennlt postponement concurred in. Also, reported b.ick a bill for trie relief n Catharine Owens, recommending Us indefinite postponement concurred in. Mr. Roekhill moved to reconsider the vote on the bill for the relief of Geo. French of Adams couuty, which was agreed to, ana the bill passed. Mr. Akin, from the committee on federal relations, repot t ed aaiimt a recommendation of an amendment to the Con stitution of the United States o as to abolish the slave repre sentation; concuired in. Also, a joint resolution on the subject of repudiation State debts, against it. Mr. Defree moved to amend by adling that the General Assembly will at the present session levy a tax sufficient to pay the inercst on the State debt. Mr. Herriman moved t lay the amencment on the table which was decided in Ihe affirmative, ayes 29, noes 13. Mr. Orth moved that the joint resolution be laid on th table, which was decided in the negative, ayes 10, noes 35. The joint resolution theo passed. Mr. Tannehill ofTerred a iesolution that when the Senate adjourn, it a(j urn to meet to-mrrow morning; adopted. Mr. Paiks, from the committee on Education, reported back a bill for the relief of Ilariison Barnetl and Benjamin Parnell, recommending its indefinite postponement concurred in. Mr. Ritchey, from the same committee, reported back a bill incorporitiaj tbe Ciceronian Society of Franklin county; passed. Mr. Defrees introduced a bill for the benefit of the cleik ef St. Joseph county j pase1. Mr. Morgui of K., from the committee on Education, reported a bill for the relief of James Silver of Rush county ; passed. . Mr. Hulloway, from the committee on Education, reported a bill to ao!hoiie the borrowers of Congressional tiwnship fund to secure loans by giving lands in their respective townships ; passed. Mr. IJemman, from the committee on roads, reported back a bill ti authorise supervisors to purchase suitable tools to wotk the roads with ; passed. Mr. Jone, from the committee on canals, te.. reported a joint resolution regulating the tolls aod water tents on the Wabash and Erie crnal. On motion of Mr. Ritchey, it was laid on the table. Mr. Dole, from tbe same committee, reported a bill in relation to water power on the Wabash and Erie canal ; passed. Mr. Todd, from the committee on the affairs of the town ef Indianapolis, reported back a joint resolution in relation to a suitable bnilding for officers of State. On motion of Mr. Chapman of L. the 4th section was stricken out. , The Senate refused to engross the joint resolution. Mr. Lane ofTVied a resolution, making certain enquiries of the Auditor of Ptale, which was ad ipted. Mr. Lane, from tbe committee on Claims, reported back the account of 3. P. Daniel, State House Keener, aod aked that it be referred to the committee on public buildings, wbicn was agreed to. Alo, a bill for tbe relief of John Sanky ; engrossed. Also, a bill for the relief of Thomas Murphy ; passed to a second reading. Adjouioed. HOUSE OF REPRESENTATIVES. The Speaker laid befjre the House a communication In re lation to the county eatof Jasper county, which was-laid on the table. The bill f the Senate to incorpora!e the Lafaye'tf Bi'ilge com oan r. was read a third time and passed j also, th bill for the benefit'of the creditors of John Symmts.deceased ; also, to extend the tine of payment to the borlowers of school funds; alo, to vacate apart of the town f Newton, in Parke eoontvi also, authoiisin? the Presided! and council of Lawrence burgh to subcribe for. and take stock in the Lawrencehurgh and Napoleon turnpike road ; also, to amend the several acts for loauing and collecting the sinking and other trust funds. MrWhizht from the committee of ways and means, re ported a resolution authorise, the auditor to credit George II. Dunn with 5.512 and that a warrant be issued to th auditor to that effect; which resolution was poaoiraouily adapted. '
Petition, 4te. were presented br Messrs Palmer, Robio-1 son of Carroll, (of ci izens of Lockport, to vacate a atreet in -that town,) Bell. Brecount, (remitting eeitain penalties on canal lands, fce.) Palmer, (an abolition petition, sioed by seven hundred and fifty-nine persons, praying the repeal of certain law, Lc.,) Pettit, (of citizens of Union aod Henry ajainst the annexation of Texas.) Hardin, Hzlrig, Robinson of C, (that the clerlr of Ricbardville may act as auditor,) Mar Tille, Byers, Peek, (for relocation of county teat;) which were appropriately dipjed of. .
Mr Sim non from the committee on the State duod. ta which the subjects connected therewith were referred reporteJ that they big:ily approve of tbe acts p' the Governor in lelation thereto, and lecommeud that aa approbation of $15,000 be made fjf the present year, towards the erection of the new prison. The House now went into committee of the whole on the revenue and sp; ropiution bills, Mr Robinson of C. in the chair. Mr Simonon enquired, whether fifteen cents, instead of fourteen cents as provided in the present bill, had not been heretofore levied to absorb treasury notes. Mr Herod aiJ, that Ihe law of last sesion was somewhat ambiguous, and d.QVrent con-trurtious had been placed upon it, they had therefore concluded to make it definite. MrPaiker moved to strike out 20 cents and insert 23 cents ; which moiion tailed by a larpe majority. Mr Pettit moved to amend by stiiking out 20 cents and inserting 2 j cents, and add that the surplus IB irrevocably pledged to the payment of the foreign debt Mr Itngley moved to strike out ÜOceuls and insert 22 cents. Mr SimonsDn moved to amend, that two mills in addition be levied for ihe deaf and dumb aylum and one halt cent in dditioo for the lunatic asylum and one balf cent for the ed ucation of ihe blind. Mr Hardin moved to amend by striking out 2 mills for the deaf and dumb asylum and insert 4 mills; which was accepted by Mr S. Mr Simonson rematked, that the institution as now paronised by the State, enat!ed peisons resident at Indianapo lis, to educate their deaf and dumb childien ; but be believed is people would be willing to extend Ibe munificence of the Ute, so that the deaf anJ dumb childien in all parts of the State miht be educated. He believed the whole people of the Stite would not complain. He ufeired to the opii.lon of the Audito, of State, who had in a circular la-t year recommrnJed that the amounts foi these objects hiuld be kept separate, hence ne cooclu Tcd theie coud be no mistake In the intention of the last Legislature. Mr llerud aiJ, the only question now wai, whether we tould have fourteen or fifteen cents levied for tbe redemp tion of treasury notes. Mr Tinley favored the amendment but he opposed the reduction of the am unt to ledeem treasury notes. He would piefer seeing 20 cents levied for the redemption of treasury notes. It has been contended that the people would not stand h'g'i taxition. He believed the fault lay in the repieentatives of the people more than the people them selves. He trusted, if his views, on this subject could not be su-tiined, that the amendment would be ad pted. Mr Clarpool hoped that tbe tax of 20 ceaH would remain s hereiofo e. and thtt one c;at would be added for the ob jects now under consideration. Mr Rich to ik the same ground. Mr Stapp now entered into a long argument to prove, that the whole State was in favor uf emb.iikirg in a system of luternal improvement, and took the ground that theie were but thiee members in the LtgHlatuie in 1336 who would would have opposed the internal improvement law, if their counties haJ been provided for, viz: Thomas Smith fiom Ripley, Gen Steele from Paike and Mr Howard from Deaiborn; He trougrtl forward trie Journals to prove, that all the otheis of the glorious eighteen," as they have been called, that voted against the biil, would have voted for it, hid not their favorite measures been voiel d itro. He was paiticularly se vere on the county of Harri07?,wboe representative the other day (Mr Leslie) looked awful:y at him at tbe Representative oi the deep aiggmet: tie said, in conclusion, that he wou.d go for paying the interest on the bonds of the State, whenever nc saw his way clear for paying the -iiiterest and ptincip.il. tntil then be would o:pose it, Mr Whi'ht s -iid the committee had tiken great pains to know, what amount of taxes the people could pay, and bad fixed that amount at 20 cents. He believed this was the a nount demanded by the people, and thut to taL.e the tases now was not gxd policy. The people would not oppose 20 cents ; but raise the amount a mill this year, aod in a boit time a large levy might be made, and the people be induced to rise up and tepudiate the mea-ure in self-defence. He was in favor of letting our taxes remain as they are, until our dome-tic debt is paid off. The people would then do as much as in their piwer lies to discbarge their foreign indebt edness, both priheipal and interest On motion of Mr Wil-on, the committee rose and report ed Drostes to the House; when Mr Heiod moved that ihe committee be di-chaiged, stating that there was another bill on which a discussion might aiise, more properly, as to who were in fault in bnnzinon our internal improvement sys tern. The committee of the whole were discharged, aod leave refused to sit again. On motion, the House aljjurned until to-morrow morning at half-past eight o'clock. I7ui:cd St ttrs Senator. From the Brookvillt Democrat, January 3. It is strongly surmised by our Whig friends, that the present legislature will adjourn without electing a Senator ; if such be the fact, we cannot see the impropriety of letting, the matter go before the people. In 1S40 Indiana was decidedly V higgi&h : her popu lar vote was convincing proof that her people desired a trial of what few of the principles were then advo cated, openly. Ever since that period there has been 44 progressive return to Democracy, in this btate. At the late Presidential election, when every Demo cratic measure was thorougly investigated by an un paralleled exertion of the Whig partisans, the voice of Indiana was give us Democratic men and measures. One cf the mcst potent objections that can be urged, by those opposed to such procedure, is, the next Legislature may be Democratic. Grant it. To elect a Whig U. S. Änator, at the present time, would be a flagrant abuse of the trust confided in the Represent atives of this State. We know some may contend that in the event of the Democrats securing a majority in 4o, they can then instruct their JSenators how they must act, so far as the will of the miss may seem to dictate ; to this frivolous argument, one simple fact will forever trive a quietus. It is a cardinal feature in Whig Legislation, practically exemplified by our present Whig U. S. Senator, A. S. White, that . the will of the constituent shall not palsy the arm of the Representative." Let the present Legislature, acting in the capacity of the servants of the people, refer this matter to their legitimate source cf power, and the question can be satisfactorily settled. If they 6ay a Whighis instructions would be to act Whiggish if they choose a Democrat let him carry out Demo cratic principles. The Washington Globe, in the course of some marks in answer to an article on the Texas question, which appeared in the JSational Intelligencer, says : "We do not doubt that the II art lord convention feder lists will cheerfully contribute to extend the dominion of British influence over Texas, notwithstanding they consider it an evil or great magnitude to extend the Inn its of the United States, to embrace that rich region, to derive and confer blessings. And it this can be accom plished in no ether way, we should not be surprised to see the attempt made by insisting on annexation as a cause for dismembering Ihe Union. In the prosecution ot such a purpose, it is not improbable that every thin calculated to provoke alienation between the iSorth and South will b pressed into service, federalism will omit nothing to convince the South that the limits of the United States are already oo much extended; but will the South play into the hands of its enemies the enemies of the institutions of tl.e country by unreasonable exac lions on ita part, ana a repulse oi mat spirit oi compromise in which these glorious institutions originated? We hope not. From the Lxcuuve at present installed in power, we know not what to anticipate J but tipon the ''resident elect the honest, Uithlul, learless represents live of the republicanism of the North and South the country may rely for integrity and firmness to bailie all sinister, selfish intrigues which aim to subserve individu al rather than public interests. The admonition to the South is seasonable and the more likely to be well received, inasmuch as there im little probability of the passage of the joint resolution annexing Texas immediately and unconditionally to the Union. The southern papers do not express them selves with any confidence in regard to the project of annexing Texas to the Union at the present session The Richmond Enquirer, in allusion to this matter says, "there is danger yet," and tbe Washington let lers in the Charleston papers speak of the success of the measure as not very probable. -IV. Y. Post. Oh o! I'll Never lief. I've lost my boots, I've lo$t my cap, 'Twill it no good to fiet ; But when I pay these fellows ofi", I never more will bet. Tbey ee that fellow dashing by, An.l ak where he coul l get Hi money and 1 wbi'prin sigh, "He won it at a bet!" But when I hear the " Keystone's M My teeth with raee 1 set. gone Tbe State we'd fixed oar hopes upon, Abd back'd them with a bet! When J reflect upon the past And h w I've had to sweat, I conscientiously believe, 'TU very wrong tii bet ! The Place of IIoxor. While the " clubs " of Lon don are talkin? of excluding all Americans fromthei rooms," the Government of England is according to the United States the place of honor in the decora tions of the New Royal Exchange, m London, the armorial ennigna of Great Britain being placed over the centre of the west pcrtico, and those of our coun try over the east portico.
TÜCSDAY, JArAItY 7, 1815. Old and Sew Wrinkles. The Journal takes ground in relation to the rights of minorities. It clainci, that in this State at least, the minority has the right to elect a U, S. Senator ! This is the true spirit of Federal "Whiggery, to Le sure. That party was always in favor of hat ring the
few govern the many ; but it differs a little from the great embodiment," who in his place in the Senate, likeued the minority to a criminil upon the gallows, with a rope about his neck, and the cart about to be driven from under his feet ! . The Journal also affirms that the Senators are sworn to support the laves. This is a great discovery truly, and should entitle that paper to a leather medal. If it were truej how could they ever alter or repeal the laws' they had sworn toeuppjrt ! The idea is absurd. They.or sworn to support the CONSTITUTION, and if they obeyed any law conflicting with that in strument in fpirit, and in truth, or failed to amend or repeal such a law, they would be really as guilty of dereliction of duty, as the Journal, in its mistaken notions, now supposes they would be if they failed to elect a Senator. 'Should there be no election, it is thought that Gov. Whitcomb will resign, let the Gubernatorial robes all upon the shoulders of Jesse D. Bright, who will immediately appoint his ex-Excellency to the United States Senate." How docs the above statement of the Madison Ban ner, tally with that made by the Indiana Journal, that the object of the Lt. Governor was td procure the ap pointment of his brother Michael ! The fact is that both statements are altogether false. Eut this is the way in which Whig Roorbacks always endeavor to deceive the people. lilr. Dunn's Deficit. We learn, and we are glad to learn, that Mr. Dunn, the late State Treasurer, has discovered an omission on tne dooks oi mar. ouice oi a muijjc, which ought to have been made against the State, of ftö.GlO.OO beinv the amount lust by fire in the Treasurer's office of Morgan county, and which was authorized to bd remitted by the Legislature. Mr. Dunn credited the amount to the Morgan county Treasurer, but accidentally omitted to charge it up to the Debtor account of the State, as ought io have been done. This accounts for about half of Mr. Dunn's apparent deficiency. We hope he will be equally fortunate in accounting for the remainder. (t-The canaiSe of the Whig press are out in full cry, because of tbe mere mention by the State Sentinel of the fact of a deficit in tbe accounts of the late Treasurer of State, and its caution to the Legislature not to settle the same in a certain manner proposed by certain whig members thereof. These fellows are very positive about all the particulars of this case, much more bo than Mr. Dunn himself. But it is sim ply the dogmatism of ignorance which makes them mi a1 al a. so. ihey Hau Detter learn someming aooui uie matter before they prate about it so noisily. Yerbum ap-HEADS !. Railed Under tbe head of an "old humbug revived," we noticed recently a statement, purporting to be an extract from a letter of Consul List, affirming that some of the German States were proposing to send their criminals to the United States. We gave some reasons for believing the affair to be a humbug. The folowing correspondence reduces the matter to a certain ty : 1W lOKK, 1UU1 JCC., lO-M. Ion. Jno. C. Calhoun, Secretary of State. Washington, D. C, Sir: A statement, of which I annex a printed copy, on the subject of emigration from Germany, is travelling the rounds in the American neyspapcrs, accompanied with editorials and communications more or less abusive of foreigners in general, and Germans in particular. The statement purports to come from an American Consul in Germany, and its extraordina ry, contents certainly deserve attention, if true ; at ali events, they are well calculated to strengthen the growing prejudice against immigrants from Germany. The German population of this country must consider itself interested in the matter, at least as much as the natives: and if the alleged discoveries of the Consul List are true, the German society ot iNew iorK, ot which I am an officer, will cheerfully and, I trust, effectually, co-onerate with the public authorities in preventing the evil witn wnicn tins couniry is saia to he threatened. But. in the omniou of rharv. the statement itself bears evidence of inaccuracy : and it is even suspect ed that it never had its source in Germany, but is of native origin: and I have, therefore, been requested respectfully to inquire of you whether Consul List has made a report to your Department, such aä the annexed newspaper paragraph alleges, and whether the extract therefrom, as published, is correct. In the hope that you win iavor me wun an answer, I subscribe myself, with great esteem, Sr, Your most obedient, servanr, LEOPOLD BIERWIRTH. copy. Depabtment of State. ) Washington, Dec. 23rd, 1344.) Sir : In reply to voür note of the 16th instant, I am directed by the Secretary of State to inform you, that no communication his been received irom nir. List, of the chancier referred to, at this Department. I have the honor to be, with high respect, sir, Your obedient servant, (Signed) RICHARD D. CRALLE, Chf. Clk. To Leopold Bierwrth, Esq. Whig Decency. As a specimen of the progressive inarch of whiggery in the highway of improvement we submit the following talented and patriotic effusion of the Lev. Mr. Bro'wnlow, editor of the Jonesborough Whig, one nf the whlT Presidential Electors of the State of Tennessee, and tbe intimate friend and correspondent of Henry Clay. If it is not the climax of talent de cency and religion, pray tell us what is ! Here is up and at the enemy again ! We prefer un ceasing butchery, and unnumbered defeats, to an ignominious peacesuch as Napoleon's Generals obtained hv Kfllincr him to tiie Allied Sovereigns: and ' their country with him. We henceforth go into tbe vortex nf hostilities with the NATIVE AMERICAN PAR TY, and aim, assisted by them, and all true lovers of their country their "otrn, their native land," to put defwn the pillage, intrigue; foreign alliances, and mnral hlicrht. which Locofocös, Foreigners, Catholics, .Mormons, Dorrites, Owenites, Infidels, Nullifiers, Disunionists, Tolkiteti, Texas Crusaders, barn burners, Plunderers of Corn cribs. Inmates of Penitentiaries, Pliamnirms of WhiDüin? Posts, neCTO stealers, Con victed Liars, Ex-parsons, Woods colts, Keepers of Dofferies, Grogshop bullies, Perjured villains, Haters of CGod, Lovers of Sin, Idolators, Whoremongers, Sorcerers, Wizards Demagoguss, Hyenas, Hobgoblins-, Loafers, Hod men, Blackguards; Buffoons, and thfl Tarious other icings of the rAKTT," have dif fused through all ranks cf society, in" this once prosper ous and virtuous country; fj-If the editor of the Crawfofdsville Press was not drunk when he wrote his "hypercritlc con glomeration, it must be because, according to the old proverb, "the ass which carries wine drinks only water." GzTt. Cass. The J-jfersonian, published at Pontiac, Mich., says : "to save all doubts on the subject, we have the best authority fur saying that Gen. Cass uriU accept the trust " of U. S. Senator, " which we sincerely hope will be unanimously conferred on him." Association of Factobt Operatives. The Factory girle of Lowell talk cf establishing a large Factory to be worked by themselves, and of which they ehall b tho Joint Stock Proprietors,
V. S. Supreme Court. Exporte Application of T. TV. Dorr for a vrit of Habeas Corpus. Thos V. Dorr waa convicted before the Supreme Court of Rhode Island, at March term, 1344, of treason against the State of Rhode Island, and sentenced to the State Tfison for life. ,And it appears from the affidavits of Francis C. Treadwell, a counsellor at law of this court, and others, that personal access to Dorr in bis confinement, to ascertain whether be desire a writ of error to remove the record of bis conviction to this Court has been refus
ed. ; On this ground the above application bas been made. Have the court power to issc a writ of Habe as corpus in this case : 1ms is a preliminary question, and must be first considered. Tbe original jurisdiction of this court is limited by the constitution to cases affcctin ambassadors, other public ministers, and consuls, and where & State is & party. Its appellative jurisdiction is regulated by nets of Congress. Under tbe common law it can exercise no jurisdiction. As this case cannot be brought under the bead of original jurisdiction, if sustainable, it must be under the appellate power. The 14th section of the Judiciary act cf provides that the courts of the United btates shall Lave power to jssue writs of scire Jacias, habeas corpus, and all other writs not specially provided for by statute which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of Jaw: And that either of the Justices of the Supreme Court, as well as Judges of the District Courts, shall have power to grant writs of habeas corpus, for the pnrpose of an inquiry into the cause of commitment. Provided, that the writs of habeas corpus shall in no case extend to prisoners in jail, unless where tbey are in custody under, or by color of the authority of the United States, or ar? committed for trial before some court of the same, or are necessary to be brought before the Court to testify:" In tbe trial of Dorr it was insisted that the law cf the State under which he was prosecuted, was repugnant the Constitution cf the United Slates. And ort this ground a writ of error is desired under the 2otfi secLon of the Judiciary act above named; that, as the prayer for this writ can only be made by Dorr, or by some one under his authority, and as access to him in prison is denied, it is insisted that the writ to bring lum before the Court is the only means by which the Court can exercise jurisdiction in his case by a writ of error. Even if this were admitted, yet the question recurs whether this Court has power to issue the writ to bring lam bttore it. ihat it has no such power under the common law is clear. And it is equally clear that the power no kliere exists, un less it be found in the 14th section above cited. The power civen to the Courts in this section to issue writs of rire Janas, habeas corpus, &.C., as regards the writ of habeas corpus, is restricted by the proviso to cases where a prisoner is in custody, under or by order of the authority of the United States, or has been committed for trial before some Court of the same, or is necessary to brought into Court to testi fy." This is so clear from the language of the section, that any illustration of it would scein to be unnecessary. The words cf the proviso are unambiguous. Thev admit of but one construction, and that they and that quahfy and restrict the preceding provisions of the section is indisputable. Neither this nor any other Court of the United States, or judge thereof, can issue a habeas corpus to bring up a prisoner who is in cus tody under a sentence or execution of a State Court for any other purpose than to be used as a witness And it is immaterial whether the imprisonment be un der civil or criminal process. As the Jaw now stands, I an individual vho may be indicted in a Circuit Court, for treason against the Lmtcd slates, is beyond the power of Fedtral Courts and Judges, j he be tn cus tody under authority of a IState. Dorr is in confine ment under the sentence of the Supreme Court of Rhode Island ; consequently this Court has Co power to issue a liabeas corpus to brinjj him belore iL His presence here is not required as a witness, but to signify to the Court whether he desires a writ of error to brinff beiore this tribunal the record ot his convic tion. The counsel in this application prays for a writ of error, but, as it appears from his own admission. that he does not act under the authority of Dorr, but at the request of his friends, the praer cannot be granted. In this view it is unnecessary to decide whether the counsel lias stated a case which, with the authority of his client, entitles him to a writ of error. The motion for a habeas corpus is overruled Kx j arte Li the matter of Thomas Wilson Dorr, on petition for a writ of habeas corpus, or for a vrit of error to the Supreme Court if the State of Rhode Island. On consideration of the motion made by Mr, w i j as . 1 read well, oi counsel ur the petitioner, on a prior day of the present term of this Court, to wit, on Wednesday, the 11th insL, and of the argument of counsel in support of the motion thereupon had. It is now here ordered, and adjudged by this Court, that the said motion be, and the same is hereby overruled. Delivered by JUr. Justice JlcLcan, Dec. 27, 1344 Another Iet. The following is said to be a genuine correspondence, and as " a lady's in the case," we give it place: ISvJjalo Com. Adv. Darier, Dec. 11. 1314. J. A. Pcr.LEN'. Esq., Dear Sir : You undoubtedly remember some- time in August last, when on your way to Brattleboro, Vt., of travelling with a lady who expressed herself as strongly in tavor of the election of James K I oik, tor President ; and was, moreover, confident that he by the suffrages of the people of. this nation would on- the 4 ih of March next, be called to the discharge of the duties of that high otiice. i ou also no doubt, remem-
ber that a wager was then laid between yourself and mation, the final payment of our domestic indebtedtins lady (myself,) on the result of the Presidential ness. Should the anticipations of your committee be
election, and to the following effect ;" Should Clay be elected I was to forward to you i at New York city, 12 lbs. of fine, fresh butter, per express : should Pulk be elected you was to forward me per express five cans of oysters," The result is now known rolk is electcd. Clay is bound for the head waters of Salt River; you have lost the oysters and I am the winner. JNow, sir, relying as we did upon each o'cer s honor in this matter, allow me to say that I shall expect to receive irom you, rjy tne iJtn or mis montn, the live cans of oysters ; as from the opinion formed of ou ly me, I am. confident you will npt hesitate to a wager so fairly laid and so clearly wonl Please send the oyters to R. S. Stevens, Attica, who will receive them and forward to me. Very respectfully yours, for Tollc, Ma bt West. NewYo'rk; Dec. lGlh, 1814. Madam: I am favored with your letter, dated Dec. 11th. in which vou refer to a bet made between us last August, while travelling togetherjin the stage to Prattleboro'. I confess that the affair had nearly slipped from my memory, until the receipt of your favor. You will remember I ouly beard your voice, for it was dark when we met and when we ported. Had I had the pleasure of your personal acquaintance, I could nöt certaigly have been so forgetful. Eut I remember distinctly your discussion of the political topics of the
day Burpriscu roe Dy its tone oi intelligence ana con- stopping t;ie accumulation oi interest, aiiis operafidence. That you found yöurself tö be correct in tion is too plain to require any example or demonstrayoür calculations Is very apparent, and though I should tion of the truth of the proposition. The only rehave been more happy to have won the " twelve pounds main? ennuiry then, i; will this proposed eichange,
cf fine fresh butter " all the sweeter from your having a band in it I now most chtttfully comply with your most reasonable request, and transmit this day to your order, per Express, five cans of fine oysters." May good digestion wait on appctittj and health on both' Yours, for Clay, J. A. rcxixN. The increase of bank loans makes money dear and in demand. With an increase of specie currency the reverse is the case. In 1943, produce was sent to England and sold for 23,(JOO,COO in specie. That money brought here is paid out to the farmers and producers, as an equivalent for their produce, and circulates from hand to hand as ä currency." It is an actual bona fide increase of money. It was not produ ced by tbe creation of a promise on the maturity of wnicn it will oe carnca away again, n was oDiained for an equivalent given. It is the nature of this sort of money, that the possessor will not allow it to lay idle as soon as procured, he seeks to get rid of it. Where commercial confidence is sound, money never rests for a moment, but circulates with increasing rapirlitv. which in pmial in its effect to an increased nuantity. If a sum of money pays four obligations in a day, it is equal to another fum four times the amount which discharges but one obligation equal to alt the four paid by the other. It is this rapid circulation of a sound currency which the SubFreasory is designed to prodflce, and which will advance the property and interests of every individual in the country. Jv. V.
T1IÜBSDAT, JAXfJAItY O, 14 Jr. Front Washington. Senate Chamber Jan. 2 1S45. Gext. It gives me great pleasure to inform yon that tbe bill granting one balf tbe unsold lands in tbe Vincennts district V the State of Indina for tbe completion uf tbe W. & E. Canal to Evansville bas just passed tbe Senate bj a vote of 31 to 8.
Mr. Cushing- roache4 here on his return from China last night ; he brings intelligence that Mexico is enYöurs truly,. E. A. IIANNEGAN. gaged in a cival war, Dcnth of a Ilcprcsciitutlrc; . FW edeeply regret to learn of the decease cfCapt Jared Darrow, tJi representative of the district of Hunting ton, Black ford and "Wells counties, who died at the Palmer House, yesterday, at about noon.. The event was unexpected.as two days previous.Mr. Dar row was in his seat at the House, apparently in good health! lint, even in the midit of life we are in death. Mr. D. was, we believe, a native of New York, and was a Lighly respected and useful citize:i ia this the State of his adoption. C7 Both Houses of the General Assembly met last evening, in consequence of tbe death of Mr. Darrow of the House. Wc shall publish the proceedings in our next Mr. Smith's Address, To the DeinocratSj on the occasion of the anniversary of :the th of January, wad patriotic, eloquent and able, and was received with great gratification by the multitude assembled in the Hall of the House of Reprcscntativcs. j resolution was passed eoLciting a copy of tha adJress for publication, and we hope soon to have the pleasure of laying the same before our readers. State Librarian. John B. Dillon, Esq, was on Tuesday last elected State Librarian, for the term of two years, over the regular Whig caucus nominee, R. C. Allison. Mr. D. is the author of the History of Indiana, and is the only man known to us, who would likely be benefited by said office. The pay is 60 small, (200 per year) that none but a bachelor book worm could live upon it, unless eked out, according to the rule of Sam. Farker, by pickings arid stealings Mr. Dillon is eminently a deserving gentleman, and we are glad that he obtained the united democratic vote. Though a whig in his notions, he is too sensi ble and patriotic to be more than a very mild one, and W;J never prostitute his office to tbe furtherance of j;rtv wnr. j r j S. P. Daniels, the present incumbent, was hot a candidate for election. Ilcport of the Committee of Ways and Cleans. . This report was made to tbe House, as will be seen by our Legislative reports, on Tuesday last. The following extracts will be interesting to out readers The present condition of the Treasury, destitute as it is, virtually, of all means b meet the demands upon it tor the current year, seems to present but a gloomy pi ospect for the successful operation of our btate Government during the trvinar crisis of the present fiscal year. The practice of raising means for the current necessities, ujwn the Credit of the State whether by direct loans, or in the more insidious form of issuing Treasury Notes, which is, indeed, nothing else titan a loan in d.sguise, is to bs deprecated, as much as the necessity is to be regretted, which introduced into our financial .operations . a resort to either; . If yoti raise means for the current year by an issue ot lreasury Jsotes, they will more or less depreciate, a necessary consequence of which is, that the next year's revenue brings them lack into the Treasury aud the Legislature is again driven to resort to a similar issue, or other temporary means, which leaves the Treasury at the close of each fiscal year but little improved in condition by the issue of these Treasury Note, to 6ay nothing of the injurious effects of a depieciated currency upon the business and industry of the country. t The same may justly be said pi a loan, except as to its effects upon business and laoor. . io borrow money to pay ötate creditors, only changes our creditors it does not diminish our indebtedness. These considerations have induced your committee to seek, if possible, to avoid cither a loan, or an increase of the circulation of Treasury Notes by an is-sue thereof to defray the ordinary expendi tures cf thu State Government. To th:s end yjur committee have availed themselves of the best means of information within their power relative to the probable proportion" of the revenue of 1844 which will be paid into the Treasury in current fund, and your committee are happj to ex press the opinion that perhaps one third of the amount will be paid in par funds, which, if realized, will be amply sufficient to defray the ordinary expenses and keep the machinery ot tjovcrnmcnt in motion during the fiscal year. It is believed that tins course will I rapidly tend to produce health and etability in our revenue, and hasten that most desirable eonsum realized, and par funds received iri the revenue of 1314 be more than sufficient to meet the ordinary expenses of Government, the residue should, in their opinion, be applied to the bank loan, and they have introduced ä provision for that purpose in a bill bcrewith submitted. It will be seen that ycur committee propose no means for replacing the trust funds at the present time, as the interest is all that is penerallv lawful to be used, and it is believed that the whole may, at ho distant day, be replaced without materially increasing the present rate of taxation, which your committee think, it would' be- impolitic to do at this embarrassing period in our financial aCiairs. The issue of Treasury Notes of IS 10 bearing six per cent, interest will, in the month of April and other months in this year respectively, in whirh the several issues Were made, amount to dollars' nd fifty cents each, principal and interest. There is no other purpose tn which thev ate ar-nlicable in which interest is allowed except revenue, and in that way they are absorbed but sh-wlv. It has been sucriested by the j Treasurer cf State that ä larg amount of these notes could be taken up in exchange f r Treasury Notrs bearing an interest of but one quarter cT one per cent, allowing interest upon the six t per cents tfp to1 the time of the exchange. This would be fexchang'iiig on our part evidences of .debt, bearing one qdarter of ... . .1 1 one per cent, interest, for those bear.ng Six per cent, and woiild certain!y be a great saving to the state by if carried into operation, depreciate the. quarter of ofle per cent notes m a preater proportion than six per cents, allowing for the difference of interest, or adding the interest to the principal of the six per cent notes. Now bearirg ih mind that tbe amount put out, draws in by the exchange an equal amount, diminish ing the accruing interest from six to one quarter of one. per cent, ana not in any wise increasing ine amount in circulation, it 6eems difficult ttf see aiiy cause why an unequal depreciation should follow. The contmittee have for the reasons aforesaid reported a bill authorising the Treasurer to make auch exchange. Your committee, taking the Auditor's estimate of $232,000 as the amount cf revenue for 1844, think it not extravagant to estimate the revenue of 184o at $210,(J(JO with the continuance of the same rote of taxation. They deem it unnecessary to increase the present rate of taxation. They therefore recommend that the same tax be levied as was last year. Your committee have carefullv examined the office of Auditor of public accounts, and Treasurer ofl State, and they take great pleasure in saying that they found the books and papers cf euch of said offices in good order and condition, and that every facility was rendered youf committee, in their examination, by both tbe gentlemanly officers The canmitlee estimcte-the annual increase of the revenue hereafter at $10,000 and enter into calculations to show the time which our domestic debt, including bank debt in the shape of 5 per cent. Bank Scrip, can be fully discharged, a more full detail of which will be given hereafter, fhi one is a calcula-
tiou, marked C, by which our domestic de'it will ba
fully discharged by the 1st of January, 1,3, leavibg iti the treasury, afler such payment, the sum of $S2,794. The other, marked D., by which th same iebt can be discharged by the 1st of January, lS4V-l?aT-"Z 813,183 in tbe treasury." The only difference be-" tween tables C. and D. is, that table C. suppose that the law relative to tolls and and water rents on the Wabash and Erie canal will remain as it now is ; table D. supposes tbe present law will be repealed and that tolls and water rents will be received irJ par funds. It is estimated that the receipts' from" this) source alone, will average $100,000 per year, arid should that sum be paid into the State treasury in par funds, and the lands be relied upon to finish the canal, it will, of itself, not only pay the ordinary expenses of the State, but will leave a surplus of that fund, and the entire revenue, to be applied to the discharge of the State debt! The committee remark, that they ars; satisfied, that as tbe law now 6tands, the people of the whole State are taxed far the prosecution of thd works of that canal, and they consequently submit th question to the decision of the Legislature: Important from Mexico; The Eugenia, arrived at New York on the 81st ulL J from Vera Cruz, whence she left on the 12th. wA .t .1 T I T 1 n iniin'r I in Tucsnnrrpra in inn i ' iiToni o ,a rna nnn vaieo vusning, w no comes nome wun the treaty . had negotiated with the Celestials. He kit Macao on the 27th of August a date twerdy-three days la ter than before received. Mr. Cuslmig was attacked and robbed by a set of b tnd.tti, at EI Tirla!, near Puebla. He lost many private pipers of irreat talue: The principal towns, and, indeed, all the country have pronounced against Santa Anna, who with 4 small force has fled tJ Queretaro. The revolution passed off very quietly, no blood having been shed. The former revolutions being carried on by one party of miltary against another, resulted in much bloods shed but this movement coming from the people, as well as from the soldiers, made it general, and hence the little commotion of a disagreeable nature. The following is an extract of a letter dated rue bla, Mexico, Nov. 25, 1941:. .Never has there been a time, since tue expulsion of the Spaniards, that this country got td such a pitch of revolution as at present. The whole country s irt opposition to Santa Anna the interior is all under arms against liim he is on the march from Jalapa, with about 8,(X)J troops, to meet, the opposition party at Gsudalajara, with General Fa redes at their head; they are about 16,(O0 strong, including iV'004Indians,. that came on from the south; to join Paredes. If Sinti. Anna, keeps oa the march, as he has done for tlifi last ten days; the two parties must meet in a very few days, wyhen it . is expected there will be a bloody time ; whoever loc.es the the day will be suro to 1 se his head. The Congress i? yet iri cession, and acting all together in opposition to Santa Anna: They have declared that if he, Santa Anna, goes on at the head of the troops, now against Paredes, he is no longer President of the Republic, but a revolutionary general ; but he has answered them, to say that lie cares not for the-Presidency, and that he will go on with the war. There are six millions of dollars short in the Treasury of the Government since Santa Anna has been President, which is the cause of the present disturbance ; he will npt grive any satif taction where this money . is gone to.. Nut knowing but you may receive these accounts from some other source,. I will close;, and send to you, in company with this, the manifesto of General Paredes to the nation, which will give you some idea of the intention of him and his party. Mob in I'orllaiid. The Tortland Argus gives the following particulars of a religious riot in that city : The meeting at the City Hall last Tuesday evening was one of the largest that ever congregated in that building; yet to the disgrace of our city, the meeting broke up in a row, and ended in mobbing two quiet men, S. S. Foster and Rev. J. M. Spear, who were badly beaten and maltreated. And what makes this more disgraceful to our city than any other mob that has preceded it, is the fact that Mr. Foster was a silent listener to the Itev. Mr. CI parry's lecture against Popery, and did not utter a word, nor show the slightest disrespect toward the Speaker nor any one in the meeting; neither did Mr. Spear, except after the lecturer had finished his address, and in the midst of a row, he remarked that some one bad invited a discussion and ought to be heard. The lecturer in many of his statements, gTossty misrepresented the papists and abused and belied tbo Democratic party, especially those who usually assemble at Tammany IlaJl, Xew York. And bad the few Catholics or Democrats, .who were present, attempted to gag the lecturer, or create a riot, then from the Whig presses and pulpits we should have heard and seen the most exciting harangues against those who would not quietly listen to any and every kind of abuse that might be said against Democracy and Catholicism. A seflbiis rjbstäcle iri the admission of Towa has arisen in the immense and wide-spread boundaries that she claims. Her extent i f territory, within the geographical lines now. described, is within a fraction twice the size of tie State of New York Her Majesty of England enjoys excellent health; and is cgain in a very promis ng " situation ! ( AimiXISTIIATOirS SALK. IN pursusace t lib decrr tf ihe I'roUale Cuurt of Marin cnadty, Indians, we the administnuirs I tie estate Thomas Moor, deceased, wiil, oil tlte 2cb daytfFe' ruary next, offer tor sal the lot lowing described premises, to ü: Fiv acres riM.re or less, cuminenciiie at ihe Borth wert rrwner of the. west half of Iii snnlti east quarter of secUii Ihree, in tnwiwhip sixteen, of raupe four: theRce to Uie mouth of a lulle branth that runs into Fat creek ; and tlteiice up the creek Io the line. Also Ihe eut half of the north east quarter of said section three, in ihe t.w ni.i!i and range aCoresautj contain in ft. 7U and 16-I04I acres. A, part of the north west quarter of section two, ih the Mine townliip and in nee. nfuresaUl, bounded as follows, to wit i commencing at the hall rt'iite xt on m section tin between sections two ard three east, one lia'f mile Io Hie cenlie of Fall crerk ; thence down the centre of said creek, alonf ir-a middle I hereof, tollte seclioa line br(wea arction two and three and thence stuib on said line to tbe place of he-innlnf, conl.wnint fire acres more or less. AK, the oiiib weal quarter of the south went quarter of seetioa thiity-iour, i" lwH-hp ee ju-en, of ranee fiur, containing fcrtjr acres. AIo,: the north wert quarter of Ihe south wert quarter ol section Jhirt-fciur, in the towin-hip n range tart aforesaid, conlniiiing fivty acres; and also, the est ha f of the north eft quarter of r-eclit n Ihree, in township siitrra of rani: four, containing 70 a fid 16 Mi acres ; in all emit; mm j 330 and 3-100 acres, subject to the risht. Interest, and estate of dower theroiu of Jane Moore j widow of said decedent. . . Said sals to lake phtreoh said premise, at ofte o'clrck.F. M.,es' said dat, lipo ihe h.fkiw ine li mit, to w iti one ihiid of tbe purcluaa iiioiiry to be prnd in hand, the of'e third thereol in aix months fmrrt the date of sale, and the leniaming third them in twelve nxartbs Itnin the day of sale. If tlie at.e property is not sold on Hie day t sale i will he Immediately offered ne rent, l the term of one jeaf fro-Ih. day of aale. . THUM a's' lioullE, Administrators. Jan. 4, 1645. 23-3w (weekly t tri weekly) Valuable Ileal Instate for Sale by Ad iiiiiiistr:ifr. lajOTICfi ! hereby riven that on Tliursfy, the 23d drty of Jan.11 unry next, (1345) James Johnson, adiiiinistratiir of the entate of Martin Martindale lale of the ecunu td" Marion, and Slate of Indiana deceased, will, la piirmiariee and by hin of the orde and dcres'of the Prufcate court of said county, duly ttiarle in ibat brlialf, proceed lo sell at public auction at the Court House door, In I be town of ludiananoi"lt,f"",,,,''"ll described' real erttfte Kelofti Int to lh Mtata of said Martin Marlinrtatr, deceased, to wit. The west balf (T the aoum wnnin - . . f rants .No, 3 et, 80 acres; 9" acres off Die west end oft he r-outh half of the north west quarter of the same section : 69 acres off tlie east end 6i' the aouth balf of the same quarter Sectio n and the east half of the north east quartrr of the same section 80 acre, all -ate In Marion county, Indiana. The terms of sale are as follows, te. wit: sale to the highest and best bidder, one fourth cf purc&nsa, money to be paid la hand, one iourtii in six months, one fouriU li twelve months, and the remaining one fourth ia tMsen' mouth s from the day of sale. Said three tart named fourths to be secured by notes with good freehold security, and tobe without any relief What ever from valuation or appraisement laws, and to ü&w I mere at si; per cent, per annum Irom dale of tale. Cood titles will be giren oa "TbaTorThursday, ft t Qy of Ferutry, 13, at the Com, House door In the town of Plymouth, n Marshi ll county. In like manner and upon like lerme and conditions, I will proceed lo set) ibe east half of Uie north west quarter uf section No. 17, In township N. . . r V It. l.iMH.iin a A. tit I. 30. pn.to.of rapae No, 3 ea, beginn w a.a eraie. iuSanapolis,rc. 18. 1844, JA. Mild JuHSSO.N, Adn Jmr. " "ixiflKKT ItOOIt I OST. .ig fa on the load from Indianapolis to AMinonvin, on TrtW dav Ihe 3d Jan. 1845, a Purket Donk with one dollar in si'ver .Jrf onwards of two hundred dollars worth ot lvc, nm of which. L."r w i J.rk.n..diMiiu4rnUir of William Mill. rtee. d. A av nerson finding said Picket Book and w ill deposits Ibe same who, Genend Drake in fndianapol ""' entitled to the money hKÜ thev ud in It, and aa much mors if they wMi. ' e-3w (weekly and fl-weekly) " TUITION. THE undereljmed bas opened a school at the corner of Delaware and Vermont streets, in which Instruction will be gryea la the following studies al Ihe annexed piices. Readme, VVrilinf and Arithmetic, V pW V Enttiah Grammar, Geography, and all other branches la English except Mathematics, 2 1 liaDiii " 71 - - T I
