Indiana State Sentinel, Volume 5, Number 30, Indianapolis, Marion County, 15 January 1846 — Page 1

INDIANA STATE SENTINEL: TUE OFFICIAL UAZETTE OF TBE STATE QCrOßce on Illinois Street, North of Washington. G. A. & J. P. WIAPMAXKEditors. CThe State Sentinel will contain a much larger amount of reading fitter, on all subjects of general interest, than any other newspaper in Indiana. - THE SC.)IIn iinKL LUITIOX Is published every Wednesday and Saturday, and during the session of the Legislature, three times a week, on Tuesdays, Thursdays, and Satuidays, at Pour Dolors a year, payable always in advance. T1IC VTKEILLY EDITION Is published every Thursday, at Turo Dollars a year, always to be paid in advance. 1 in advance will pay fur six months. 5?3 will pay for three copies one year. Persons remitting 10 in advance, free of postage, shall have three copies of the Semi-Weekly one year. $2 will pay f r six months, ftl will always oe charged for the Tri-Weekly, and 50 cents for the Weekly, during the Legislative sessions. ADVERTISEMENTS, will be inserted three times at one dollar a square of 8 lines, and be continued at the rate of 25 cents a square for each additional insertion. Quarterly advertisements, per square, .$5. All advertisements from abroad must be accmnpanied by the cash ; or no attention will be paid to them. OTostage must be paid.

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!)C 3nöiana cgtslaturc. Reported for the Indiana Stale Sentinel. SENATE. Satc3DAY, January 3, 1S4G. Report from Standing Committees. Mr. Mcrphey from the Judiciary committee, reported back tbe Ml! in relation to the Probate Court of Henry county; read the third time and passed. Mr. Logan f.om the same committee repotted against t! e expediency of amending ccitaia sections of the Revised Statutes; concurred in. A mesae was received from the IIooe by Mr. Kinder, the Clerk, requesting Ihe concurrence of the Senate which was Resolved, Tbat the House will adjourn tint die, en Monday, the 19th instant, the Senate concurring therein. Mr. Barbour fiom the committee on Ftdetal Relations, reported a joint resolution on the subject of tbe Cumberland load ; passed to the second reading. Mr. Buell from the same committee repotted back the joint resolution on the subject of the Oregon territory, amended by striking out all afer tbe word whereas, arid inserting the following: Whereas the liberal prop3sitions repeatedly made by the Government of tbe United States, to settle the Oregtn boundary question, have manifested an earnest desire, on tbeir part, to preserve peace and avoid war ; and Whereas, President Polk, actuated ty thesamo motives of libei ahty, has renewed the proposition to grant the ItiiiUh Government all of said territory north of the 49th degree of north latitude; which has again beeo rij'-cttd by the British Minister at Wa-hinitoo, thereby clearly showing a determination on the part of tbe Btitib Government, not to neutiate or compromise upon terms that would b just and honorable to the people of the United States, Be it resolved by the Senate and House of Representatives of the State cf Indiana, that we heartily respond to the sentiment contained in the Message of the Chief Mig'wtrate of this nitron in relation to the territory of Oregon, and the .American citizens therein, and that his piompt withdrawal of all propositions further tJ negotiate under the circumstances, merili the approbation of the people of this State. And it is further Resolved. That in the opinion of thU General Assembly the tinted Stales have the best right to the whole of Oiegon. R-solied, That the Secretary of State is hereby directed to forward a copy of this j it)t resolution to our Scnatois and Representatives in Congress. Mr. Morgan of D. wished to know from the Senator from Dearborn bis reason for declaring that "all of Oregon is ours." Mr. Buell said be had not tbe documentary evidence with him that he could produce, but be could cite the authottty of the Hon. John Q. Adams, which would be accepted by the Senator. He is clearly of the opinion that Great Britain has no light whatever to any part of Oregon. Mr. Read rose and said in addition to what the Senator from Dearborn bad said he would quote the very language of the statesman he refeired to. "Oregon "he says is outs by discovery, by occupancy and by putchase." Mr. Ellis thought tbe Senate was transcending their duty. At least policy, be thought, would dictate a different course at present. From the latest intelligence we are informed that negotiation has been renewed with the prospect of a happy termination. Senators should beware how they proceed at this juncture, and not in the least if possible interrupt the harmony of our relations or iuteifere when pacific feelings are about to prevail. Mr. E. then moved to amend the amendment by striking out all from the resolving clause and insert in its place one he submitted, which was the same he previously introduced and has been already published. Mr. Morgan of D. moved to indefinitely postpone the resolution and pending amendments ; not ageedkto, ayes 17, noes 30. The Senate then refused to adopt Mr. Ellis's amendment, ayes 21, noes 26. Mr. Orth then introduced an amendment to the amendment, as follows: And be it further Resolved, That as the committee on Federal Relations in this Senate has just reported that the whUeot Oregjn is ours, Therefore be it Resolved, That our Senators in Congress be instructed and our Representatives be requested, to oppose any compromise whereby we shall lose a single foot of American territory. Mr. Montgomery moved to lay the resolution and amendments on the table, ajes 17, noes 30. Mr. Orth's amendment was then adopted, ayes 29, noes 13. Mr. Handy thought this amendmet.t would make the resolution appear ridiculous. He voted with the majority and would therefore move to reconsider tbe vote adopting tbe amendment Mr. Barbour said the amendment was in the right spirit He congratulated Mr. O. on so cheering a display of pallidum. He did not regard tbe a.nendment but with favor, and believed it was prompted by the most holy and patiiotic feelings. Ho one should object to the Sentori manifesting bU loyalty to his country in bis own way. Mr. Handy then withdrew the motion to reconsider. Mr. Ccffiu said he could not vote fur this resolution. He could not endorse the language of Piesidrnt Polk in bis Inaugural Address where he declaies that our title to Oiegou is clear and indisputable, and then in his Message offers to give up nearly one half of the teriitoty to secure the claim of tbe remainder. Such glaring inconsistencies wculd never be endorsed by his vote. He never was an admirer of that class of politicians who have no sett lid opinions beings of impulse rather than of reason. Such conduct should be ctnured and repudiated instead of approved and lauded by this Senate. The excuse tbat some Senators offer for this disreputable inconsistency, that a compromise was proposed at the 49th degree north latitude, fiom respect to preceding administrations, is a mi-erabla subterfuge to conceal the odium that the President's inconsistent and unstatesmaulike course must excite. Mr. Akin said he was not wili ng that President PoJk's opinions should alone be endorsed by the Senate. Other great men should have the benefit of our approbation. He would therefore more tbe following amendment S And be it further Resolve I, That this General Assembly do heartily concur in the sentiments of the lion. Henry Clay, which were expresied ia hi instructions to the Hon. Albert Gallatin, in which he says " tbat England has not the color of a title to Oregon and that our title is clear and indipu title." Notwithstanding Mr. Clay did instiuct Mr. Gallatin to accept of the 43th degree 40 rain, noith latitude as an adjustment of that question, and theiefore be it resolved, &c. Mr. Coffin said he hopod thU amendment would not prevail. It would make Mr. Clay appear to have exhibited himself in as ridiculous a light as President Polk. Mr. Akin said he introduced the amendment in good faith, but if it was not acceptable to Mr. Clay's friends be would withdraw it; and it was accordingly withdrawn. Mr. Morgan of D. introduced an amendment, as follows : And be it further Resolved, That this General Assembly caii not andeistand why President Polk offered to compromise at the 49th degree, after he had pteviuusly declared our title to be clear and indisputable. The amendment was laid on tbe table by motion of Mr. Handy, ayes 2$, noes 19. Mr. Cvffia introduced an amendment incorporating Mr. Akin's resolution lu addition, declaring the Senate's approval of the sentiments contained in the speech of James K. Polk on the Oregon question in 1325. Mr. Parks moved to lay the amendment on the table, ayes 27, does 19. Mr. Holloway introduced the following amendment i Resolved, That this General Assembly does most heartily endorse tbe noble and patriotic stand taken by the Hon. John C. Calhoun in regard to the settlement of the Oregon question. Laid oo the table by motion, of Mr. Edmousuti, lyes 23, noes IS. Mr. CoSn introduced tbe following resolution : 'hat we approve cf the sentiments contained in President Polk's inaugural, in which he declares our title to the whole of Oregon is clear and indisputable, and also tbat we approve of bis offer to compromise by yielding all from the 43, h degree of north latitude. Mr. Verbrike regretted the unnecessary consumption of time that was occasioned by this resolution and amendments. The time for adjourning was rapidly approachin, and much necessary legislation yet to be ime. He moved that tbe resolution aud amendments be laid on the table not agreed to, ayes 19, noes 27. The previous question was called but not sustained. Mr. Coffin's amendment was laid on the table. Mr. Reybom objected to tbe whole proceeding. He contended that it was uncalled for and unnecessary such resolutions at this time were farcical, and the work of demagogueism. The question of the Oregon controversy did not come within the jurisdiction of the Legislature of Indiana ; it belongs to a higher tribunal tbat of the Congress of the United States. He doubted not. but that the Legislature of Indiana, however, in common with the Legislative authorities of other States, mijbr, in ordinary cases, express to tbe national legislature the wishes of those whom they represent, bat it seemed to him that tbis was not the time, nor these the circumstances" which called fdr an expression on this subject. It was well known to every observant senator that tbe threatening cloud of war which has hung over the e untry was being dispelled, and that the prospect was , that the peaceful repose of our country would not be bra- 1

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Published CTcrr Thnrsdar. ken. Such being the ea e, he considered it folly and madness in senators to be adding fuel to the flame which now, he was hippy to believe, was well nigh extinguished. He hoped that Ihe resolution would not past tbat the whole subject would be left to tbe care and wisdom of thoee to whom it properly belonged. He believed the entire proceeding to be a weak attempt to humbug tbe people, superlatively absurd in itself. It was a cry of alaim when there was no daner, preparations to attack an enemy that had declared their intention not to fight. There is no necessity. for such declaration of hostility, or patriotism as some call it. He never regarded tbe alarm of those who are always disposed to "Cry havoc, And let slip the acg of w'ar." The resolution should be laid on the table, and tbe whole subject he left to the care and wirdom of those to whom it pioperly belonged, the Congress and Piesident of the U. S., witii bis cabinet ; and senators should learn to observe a moie temperate and rational spirit. ... Mr. Holloway introduced the following; resolution t Be it further resolved, Tbat if either oar senators or any of our representatives shall consent to a compromise of any portion of tbe Oregon soil, tbey shall by this Legislature be henceforth tegirded and denounced as traitors to the best interest of our country, in accordance with sentiments expressed upon the floor of this Senate to-day ; and in case tbey should be guilty of this base dereliction of duty, they te heieby requested to resign. Laid on the table, ayes 29, noes 17. Mr. Ellis introduced au amendment substantially the same be previously offereJ. Mr. Ellis said senators ought to reflect ; such a resolution is certainly ill-timed. When now a voice teaches us across the Atlantic, and promises a happy termination to this vexed question when the cloud tbat had gathered on the horizon and betokened war, is rapidly disappearing when pacific measures, instead of the notes and pieparations of war, prevail, why this extraordinary effort meiely to create alarm in the public misd j It is neither the dictate of prudence tor wid m. If we are credibly informed, mutual efljits aie now being made by both nations, in order amicably to adjust the difficulty. The controver-y can be arranged to the honor and interests of both parties. Let them pursue their course without interruption, and not obtrude such harsh resolutions on tbe harmony of their negotiations. The negotiating power of our nation does not lequiie such interference, while it will have a tendency to excite the resentment vf our adversaries peibaps be regirded as a wanton display of that braggadocio spirit, contemptible wherever it is seen. Mr. Buell called the previous question, which was sustained. The question then recurring, shall the main question be now put ? it was so decided, ayes 39, noes 12. Tbe question was put, shall Ihe j int resolution be ordered to be engrossed and read the third time on Monday next ? which was so decided by the following vote: Ayes Messrs. Akin, Allison, Barbour, Berry of Franklin, Berry of Monroe, Buell, Chapman of DtTiess, Chapman of Laporte, Cuppy. Edmonoon, English, Hamrick, Handy, Hardin, lieniy, Hetiiman, Howell, Jackson, Jone?, Lane, Leviston. Lrgao, Major, Miller, l'aiks, Read, Rockhill, arrj Wood 28. Noes-Messrs. Bowers, Bradbury. Coffin, Davis, Ellis, Goodenow, Himer, Holloway, Mot-tgomery, Moore, Morgan of D.. Morgan of Rush, Murphey, Oith, Pomeroy, Reyburn, Todd, Veibrike, Zenor 19. Tbe President laid before the Senate a communication from the State Printer ; laid upon the table. Mr. Davis moved to take from the table tbe resolution of the House on the subject of. adjourning. Mr. Chapman of L. thought it out of order, as the Senate bad postponed the consideiatiou of the subject until Monday next Mr. Chapman moved its postponement until Monday next not agieed to. Mr. Davis moved to reciprocate the resolution. Mr. Chapman of L. moved to lay the resolution on the table ayes 20, noes 27. . Mr. Chapman then moved to strikeout the 19th and insert the 12th iust. ayes 14, noes 34. The resolution was then concurred in by the following vote s Ayes Messrs. Berry of Franklin, Berry of Monroe, Bowers, Bradbury, Buell, Cuppy, Davis, English, Goodenow, Hamer, Handy, Haidin, Henry, Leviston, Logan, Major, Moore, Morgan of Decatur, Morgan of Rush, Murphey, Orth, Parks, Read, Todd, Verbrike, Wood, and Zenor 27. Noes Messrs. Akin, Allison, Barbour, Chapman of Daviess, Chapman of Laporte, Chenowith, Coffiu, Edmonson, Ellis, Hamiitk, Heiriman, Holloway, Howell, Jackson, Jone, Lane, Miller Montgomery, Pomeioy, Reybuin, and Rockhill 21. . Mr. Lane, chairman of the joint committee on the State debt, introduced a bill to provide for the jay merit of the State debt and Ihe completion of the Wabash and Erie canal j laid on the table and 500 copies ordered to be piinted. Mr. Montgomery, from the committee on education, reported back the bill in relation to tbe Lunatic Asylum, lequcstiug it be passed. Mr. Read introduced a bill for the relief of John C. Par ker; referred to the committee oo education. Mr. Todd htroduced a bill in relation to ti - .hange of time in holdinz ciicuit court. The Senate then adjourned. .AFTERNOON' SESSION. Bits on ihe third reading. The bill in relation to county Treasurers) passed. The bill amending the act in relation to the fees cf certain officers ; passed. The bill to dissolve the bonds of matrimony between Richard Neal and hi wife; failed, ayes 23, noe 24. Tbe bill to allow certain annual compensation to the auditor of Boon county ; passed. . The bill to change the location of the feeder dam across Sazar Creek, in Parke county; passed. The bill in relation to a bridge across White River, ia Marion county. (The bill makes tbe bridge free, which is now a toll bridge ;) laid on the table. Tbe bill prohibiting tbe sinking fund commissioners not to relinquish mortgages in certain cases ; passed. The joiut resolution in relation to liens on real estate; passed. The bill to divorce Cinthia Duvall and Blista Ann Hoffman, from their husbands ; passed, ayes 25, noes 21 : The bill for the relief of Owen M C.Man us, of Davies county ; pasted. Jlmse BiVis. To amend the statute in relation to tho serving process ; passed. To abol.sh the office of county auditor of Johnson county ; considerable discussion was had on this bill. (It was contended against the bill that it was not purely of a local nature, as the revenues of the ötata might be endangered by it.) Mr Hardin advocated the abolition of the office. He aid it was the wish of two thirds of tbe people of Johnson county that it bhould be abolished. The bill was then passed, ayes noes 23. To vacate a certain alley in Greencaslle; passed. To change the time of holding probate courts, in Cass county ; passed. To amend the statute in relation to instructions of President Judges; passed. To incorporate the . Logansport and Rochester road company ; passed. To declare a certain county roaJ in Henry and Delaware counties a State road ; passed. For the relief of Nathaniel Cola of Warrick county; passed. To authorise Rhodt Duller to mortgage certain real estate ; passed. For the relief of Felix Ingo! Jsby. To amend the Revised Statutes of 1843, in relation to the transfers of county Auditors, for Speucer and Warrick ; passed. To amend the statute regulating the duties of clerks at mveniitnr'm anil Aitminiatrflitiir'a Bata nafiepil . -... . r - , To provide for the election of an add tional justice of tbe peace of Union township, Montgomery county ; passed. To extend the time of holding probata courts in Shelby county ; passed. For the relief John Johnson, of Laporte county passed. To regulate the fees of the auditor of Johnson county ; referred to a select comniiltre. To define tbe boundaries between Clark and Washington countiei ; passed. To establish a Slate road in Fountain county ; passed. ' To change the mode of working the roads in Rush county ; passed. To a-nend the Revised Statutes in relation to limitations before justices of tbe peace passed. To define the mode of eipetiding the road tax in certain counties ; passed. Restricting the mode of sumrrio'ning grand and petit jurors in Vigo county ; passed. To dissolve the bands of matrimony between Gersrd Riker and Thurza Ann, his wife ; failed, ayes 9, noes 31. To divorca Benjtmin Rosccrants from Sarah Ann Clark ; passed, ayes 22, does 2 1 On motion of Mr English, tbe Riker divorce bill was reconsidered, but failed to pass. To dissolve tbe bands of matrimony between William Martin and Susan Martin, of W arrick county J laid on tbe table. To divorce Frederick IlarUell from his wife ; laid on the table. To dissolve tbe bands of matrimony bctwren Adam Shambough and hi wife Elizabeth, of Tippecanoe. Tbis case being peculiarly meritorious, was passed, ayes 25, noes 22.

INDIANAPOLIS, To divorce Barbara Ann May from her husband ; not passed, ajes 13, noes 22. The bill to authorize the holding and transmitting real estate in certain cases passed. The bill in relation to the location of the Deaf and Dumb Asylum, was read the second time. Mr Park moved to etrike out Indianapolis in Marion county and insert Bloomington in MCnroe county. After a debate which will be found in the Tri-weekly Sentinel, tbe Senate adjourned. HOUSE OF REPRESENTATIVES.-, S atcbdat, January 3, IS46. Petitions were presented by Mes.rs. O.born of 8., Mickle, and Noble of S.; which were referred. Mr Tarker reported a bill for tbe relief of Thomas Daniels ; which passed to a second reading. Dy Mr Smith, to aathoriae Samuel P. Hay, to buiU a mill dam across the Tippecanoe river in Fulton county ; passed to a second reading. Dy Mr Clymer, a joint resolution in relation to the Buffalo and Mississippi Railroad, asking a grant of lands, die; passed to a second reading. Mr Mooney, from the committee on the State Prison, made a report in relation to tbe proposition ef Mr Simon Bottotff, who proposes to take the new Stato Prison, the convicts, &c and psy the State 80,000, in ten annual instalments, to feed and clothe the prisoners the internal police lo be regulated by the Governor. A majority of tbe committee are opposed to this plan of leasing out tbe prison, as it would contemplate setting up the prison, Slc, at the best bidder. Tbe net proceeds of the prison, for the past four years has been $80,003 one half of which comes to tbe State ; being greater in amount, than the proposition of Mr. BottorlT; but the chief argument urged against the proposition, on the part of the majority of the committee, was a repugnance to farming out the prison and prisoners, as being against the object of the law, and tbe spirit of the age ia which we lived, in reference to punuhment. Mr Stanfield introduced a bill to amend the act incorporating South Bend ; passed to t second ieadin; a'co, A bill to amend the act incorporating the South Bend Manufacturing Company ; also, . , A bill to vacate a part of the town of Independence ; which passed ta a second reading. By Mr Turner, to Ugalize acts of John F. -1errill j passed to a second reading. By Mr Rippey, to amend the Revised Laws, in relation to allowances to Sheriff for extra aervices; passed to a second reading. By Mr Lowe, relative to the fees of the auditor of Monroe county l also, A bill lo incorpoiate the Fhilomathean Society of Indiana University ; passed to a second reading. By Mr Sle-n'i, to amend the act in relation to suits' at law ; read twice and referred. By Mr Huff, in relation to collectors of State and county revenue; passed to a second reading. Public Debt. Mr Secrest, from the select committee, to which was referred the communication of Charles Butler, Esq., the agent of our foreign bondholders, reported a bill to provide for the funded debt of Indiana, and for the completion of the Wabash and Erie canal to Evansvilie on the Ohio river, accompanied by a report on the same subject ; which, on motion of Mr Secrest, was laid on the table. He also moved that 11)00 copies of the bill be printed. Mr Secrest said, that tbe committee had unanimously authorised the chairman of the committees lo report a bill ; but had not recommended its passage they stood as fice to act on the bill as other members. Mr Hazelrigg thought 150 copies of the bill would be sufficient. Mr Davis took the same ground. Mr Howling proposed 500 copies. . Mr Thompson said, that when he favored printing a Urge number of the bid, be thought it emanated as the act of the committee. I his not being the esse, and the bill being bnt lha individual act of tbe chairman, he would not consent to printing a greater number than 250. Mr Oaborn of L. said, that in order lo correct any misunderstanding, in regatd to the action of the committee, he would make a statement uf what took place on tbe last evening of its deliberations. At that lime it was eg reed, unanimously, alter much argument, that the bill should bd reported. He contended that it was not the province of a committee to recommend bill. It was their duty to collect facts. Owing to the lateness of the session the committee favored speedy action in reporting a bill. It was aUo agretd that the chairman of the joint committee of the two Houses ahould make such suggestions, on their individual responsibility, as they might deem proper, by way of report. He thought it unnecessary to print more than 250 copies, as they could not he circulated amongst the people generally, previous to the lime that action would have to take place on the bill, either for or against iL After some conversation on the part of several members, it was agreed thai 00 copies of the bill and report should be piinted ; and, On motion, the House adjourned. Afternoon se?ci'o; The bill abolishing capital punishment, after an animated discussion, which occupied a considerable portion of the day, finally passed the House of Representatives in a modified form, by a vote of ayes 73, noes 20. Tbe hill, as passed, provides, that persons convicted of murder in the first degree, treason ic, shall suffer death, or be imprisoned in the State prison and kept at hard labor during life, and the jury enquiring of the guilt of tbe parly accused, shall assess and fix the punishment to be inflicted upon the offender, as in other criminal cases. A report of the debate will probably be given hereafter. Hills passed For the relief of tbe settlors on tbe Wabash and Erie canal lands to incorporate the Rising Sun Manufacturing Company t to sehend the act inocrporating &c the Dearborn county Cotton .Manufacturing company ; to incorporate the Wabash Navigation company 5 to amend an act for the erection of a Bride over Laughery creek ; for levelling Shaker prairie; vacating a part ot Howard street &c. iu West Richmond J all of the Senate to attach certain territory to Jennings for road purposes ; to amend the Revised laws in relation to professed gamblers, &c. to amend the act incorporating Vevay and Napoleon Turnpike company ; to incorporate iHe White River Navigation company ; to amend, the act incorporating Michigan road company South of Indianapolis ; to incorporate the Hoosier Band of Greenfield ; for the relief of Susan Wba!ey ; for the relief of Rot ert Stockwell of Gibson legalizing the acts of certain justices in Allen county in relation to Tavern licenses in Cass; for the relief of ilariha Jane Yandusen J to amend Revised laws ; authorising District and Township Trustees to administer oaths in certain cases; authorising superintendent of Wabash and Erie canal to employ an Engineer ; in relation to water power ; relative to apprentices ; to relocate part of road in Marion ; granting the right of way for rail or turnpike road in V'ertnillion declaratory of an act, for relief of Huddleslon's heirs; for the relief of Henry Stevenson, deceased, late of Boone ; for a State road from Andersoutown to Peru ; all of the House. Several bills were read a second time and ordered to be engrossed or referred. Execution Laws. The bill to amend the execution laws was read a seeond time providing that real estate shall be sold on execution at one half its value, &c on all contracts entered into after the first cf May next was read a second time and refered to the committee on tbe judiciary. The bill to abolish the necessity of special legislation in Adams and Jay county was read a third lime and passed. . . , ! The bill for the preservation of the State House the State Library and legislative pipers, was read a second time ; when .Mr. Julian moved to amend, so that certificates of librarian shall be a voucher for the expenditure of moneys which was adopted. Mr. Stapp moved to fill the blank in relation to the librarian's salary with $500 which amendment waa adopted, and the bill ordered to be engrossed. The bill from the Senate making an apportionment of Senators end Representatives in five years was read a first time and passed to a second reading. Several other bills of the Senate were read a first time and passed to the further action of the House. Tbe bill to provide for tbe continuation of the Madison and Indianapolis Railroad to Lafayette was read a first time and passed to a second resiing. On'motion, tbe House adjourned. SENATE. - Monday, Jan. 5, 1346; Reports from Standing Committees. Mr Davis reported back tbe bill to regulate the mode of collecting costs in tbe different Courts of the State read three times and passed. ' . Also, the hill for the benefit of the widow and heui of John Sering, dee'd ; read three times and passed. , Mf II lady, ffom the committee on education, repotted

JANUARY 15 184G.

against tbe expediency of legislating on the claim of George TomlinOD concurred in. Mr Lane, from tbe committee on canals and internal improvements, reported hack the bill for the relief of A. Hendricks and son, for the consideiatiou of tbe Senate. Several amendments weie offered. Mr Howell moved to ind: finitely postpone the bill and amendments; failed. ... Mr Berry of M, from tbe committee on education, reported a bill in relation to tbe belter. preservation of the University fund ; read the first time, fcc , ,. Mr Murpbey, from the same committee, to which the resolution was referred enquiiing into the practicability of introducing tbe manual labor system into the Deaf and Dumb Asylum, and also locating the institution- ea the farm purchased for the Lunatic Asylum, reported against tbe expediency of legislating on these subjects. Tbe repoit was not concurred in ayes 24, noes 24. Report was then laid on tbe table. , t . Mr Jones, from the commit te on canals. ie rrnortt bill to amend an act relative to claims for damages on pub- j lie Wotks cn the Wabash and Erie canal; laid on tbe table. ... j Mr Handy, from tbe committee on the affairs of the town I of Indianapolis, reported a joint resolution in telation to the ' puicnase ci a tue engine, hose, and the election of an engine home for Indianapolis; lefened to the coroHittee on finance. Mr Dowers, fiom tbe committee on claim, reported back the bill for tbe relief of William Phillips, of Laporte county; oidered to a third reading. Mr Kdmoodon, fiom tbe same, reported back the bill for the relief of Absalom Painter, of Henry county ; passed. Mr Murphey, from the committee on the Slate prison, reported a bill to lease the Indiaoa State Piisoo ; read the first time. Mr Edmondson, from tbe committee on corporations, reported back the bill to incorporate the Fort Wayne and Plymouth turnpike. Mr Berry of F, from the same committee, reported back the bill to incorporate the Piesbyierian church. Also, against the expediency of several other bill. Mr Veibi ike, from the same committee, leported back the bill to incorpoiate the Female Semiuary r St. Maiy's cf the Wood, in Vigo j read three times and passed. Select Committees. ... . Mr Moigan of D repotted a bill to incorporate the Milford and Columbus railroad company; lefened to the comroittee on coip'jraticms. Mr Buell reported back Ihe bill of the House to authorire the placing of swinging gales ia Dearborn ; ordered to a third reading. Mr Fi lis reported back the b-.U iti relation, to certain water. power at Northport, in Noble couoly ; amended ; which was concurred iu, and passed. , - Mr Jackson lepnted a bill lo extend the ptovisions of a road law to certain counties ; read a second Irme. Mr Major repotted back the bill respcoing the boundary line of Krchaid v ille county ; patted to a third reading. Mr Akin reported a bill to divoice Matilda Ktiight from ber husband ; ordered to a second leading. , Mr Davis, in iclation to tbe vending of liquors in Floyd couuty; passed to a thiid reading. Mr Pa;k, to incorporate the Martinsville and Franklin railroad company ; leferred to committee on corporations. Mr Line reported a till to divorce Moses Noble and Jemima, Iii wife; passed to a second reading. Mr Holloway reported back the bill to incorporate the Richmond and Miami railroad company ; passed. Mr Montgomety, to extend the Burlington and Lafayette State road ; passed to a third readingMr Pomeioy leported back the bill correcting a mistake io the b.vundaty line in Fulton coun'y. Mr PotWoy, to divoice Sarah Gregory fiom ber Ivjsband ; passed to a third readingMr Pomeioy repotted back the joint resolution in relation to the improvement of tbe St. Joseph river; passed to a third reading. Mr Zenor ri ported back the IIoue bill f r the relief of the purchasers of school lands in Harrison and Oiaoge counties j passed lo a third reading. Mr Chapman of L reported a bill in relatioo to the Laporte coun'y library passed to a third leading. On motiin of Mr Buell, tbe report in telation lo the Sinking Fund eommi-iioner was taken from the table, and 100 copies oideied to be printed Mr Holloway reported a bill to incorporate the Greensfoik and Hageistown railroad company; referred to the committee cn corporations. , Resolutions. By Mr Wood instructing the committee on corporations to enquire into the expediency of appointing ao agent to examine Ihe Banks ; adopted. , . By Mi Logan, requesting tbe Governor to lay be0re the Senate certain evidence relative to a claim with Jos. Irwin vs. tbe State ; adopted. By Mr Handy, that the President of the State Bank: be requested to transmit certain information relative to the State Bank ; adopted. .. . , Tbe Seuaie then adjourned. arTEäüoo session. Messages of the House were taken up and the bills appropriately referred. The joint resolution in relation to the Oregon question coming up, was passed ayes 2G, noes 21. , , The joint resolution coming up on a second reading! was amended by Mr. Ilalloway, which was not accepted; .- a. .i a trie resolution was reaa me inira time ana passea. The bill providing that debts created after the first dar of May, shall be collected without regard to existing val uation laws was taken up. Mr. Lane moved to indefinitely postpone the bill ayes 19, noes 27, Mr. Buell moved to amend Ihe bill so as to prevent any stay of execution on judgments upon contracts entered into after the first day of July next ; failed. It was then referred to a select committee. Mr. Herrirriao moved to reconsider the cle of Rikef t. luxer aivorce case; voiea aown on - oaturaay ias. ; prevailed. The bill then passed ayes 27, noes 20. ßills Introduced. By Jlr. Berry of M. to provide for the appointment of m a m mm a n county Assessors in tue counties or xuonroe ana mown; passed to a third reading. By Mr. Buell to change the mode of doing probate business, and reorganize the circuit courts; referred. By Mr. Ellis, to authorize the President, &.C., of the town of Lafayette to make certain improvements in the streets; was read three times and passed. . By Mr. Jones, in relation to working out the road tax in the district wlicre the land may be situated j passed. Br Mr. Goodenow, to charter the Alumni Association of Hanover College ; ordered to a second reading. . By Mr. Jones, to incorporate the Covington Band of musicians; oraereu to uie iniru reaaing A considerable number of bills ol a local ri attire were introduced and referred. . ,, Tlie Senate then adjourned. HOUSE OF REPRESENTATIVES. JloüDir, Jan. 5th, 1845, Petitions, &c. were presented by Mr. llenton (in relation to the Miami Indians, praying that individuals t.f that tribe have the advantage of a law to wind up their business previous to their removal west.) Yocum, Tedford, Leyman, ("of Rufus A. Lockwood for relief) Tomlinson, Arnold, Tedford (for a law exempting mechanics tool from execution) Carnan, Morrow, Middle. Riley, Julian, Lowe, (lor a new county out of Knox, Daviess and Greene) referred lo Messrs. Lowe, llazeliigg, Lanius, Edwards, Carnan, Clements and. Rousseau,) .Tur? ner, Chambers, Julian (remonslrauce agmnst attaching a part of Wayne to Union) McDonald, Morrow, Jackson ; which were referred. Mr. Cruikshank reported back a bill leaving discrer tionarr power with boarda doing county business q grant the privilege, oq petition, to have, an additional place of holding elections, in any of the several townships in this 8tate. The bill was ordered to be engrossed. . Mr. Torter reported back the bill in relation to jurisdiction of justices of tlie peace, with an amendment, that where persons are sued out of their townships, on failure to plead wont of jurisdiction judgment shall bo taken as in other cases, and which shall be good in cases of appeals to the Circuit Courts. The bill was ordered to be engrossed. , . .... Mr. Ilazelrigg reported a bill declaring a county road a State road ; passed to a second reading. Mr. Ilazelngg made a long report, in relation to the recuperative energies of the State and the public debt, accompanied by a table, showing how our public debt can be paid off without oppresive taxation to the people showing how the public debt may be paid ofi in 30 yenr. .The report, &c. was laid on the table. Mr. Tandeveer moved to print but the motion did not prevail. .. .Apportionment Pill. . , The House now went into committee of the whole, on this bill, Mr. ilall cf Gibson in the chair. The bill was read through when , Mr. Secrest moved that the committee rise, in order that the bill of the Senate might be referred to the same committee, in order that both Dills migni.te unaer consideration at the same time. After considerable discussion, the committee refused to rise. . Mr. Vandeveer moved an amendment, in relation to Several Senatorial districts. . Mr. Clyrrier gave a history of the action of. the corn, mtttee. There being an equal number of Whigs and Democrats on the committee, it was supposed that it would be impossible for the committee to agree. After a few skirmishes and the introduction of a bill on his individual cespoasibility, the committee finally agreed to refer the matter to himself and the gentleman from Fay . elte (Mr. Stewart) one a Whig.and the other a Democrat two as ultra politicians as there are on this floor, and the bill ia the result of their lahors, which waa affected by a compromise on the part of each, lie was in, J true ted by a majority of tlie committee to report the ill. Although his name appears on the bill as having reported It, it could not be expected that be would defend

rVoIumc Vn::::::sXuiiil)er 30. . -

every feature of it but he Imped no amendment would be made without full consideration on the part of the House. - , . . t Mr. Stewart said, that the amendment proposed woold disarrange tl.e whole bill. The provisions of the bill were founded on mathematical calculation, and w here there was an advantage given in either branch there waa a correspondent advantage given in the other branch. . . -..., The amendment was not cdopted. t ,. ; ... Amendments were offered by Messrs. Edwards and Ford, which were not adopted. . Mr. Vandeveor proposed an amendment, that the counties of Orange and Crawford shall each elect a representative in. 1617, ,1849 and 1S50 and two jointly in 184G and 1S43; which waa not adopted. Mr. Endieolt moved to amend, so that the ceunty of Posey shall have an additional representative in 1S50 to bejnken fnorh Fayelte ; which was not adopted. Mr. Mickle moved to amend, so as to place Adams and Jay together arid Blackford and Wells together; which was adopted. Mr. Riley proposed an amendment taking a float from Switzerland and giving it lo Madison and Hancock ; which was not adopted. The commute then rose, and, on the question, of leave to ait again, it was decided in the negative ; and The House adjourned. IM)IAMI'OLlS, JAMJAItY 8, 1SIÖ. The Small Xote JLiiw. We perceive that some person, who, by the manner in which he turns up his nose" at us, we presume to be the President of the Bank, has furnished At views in relation to the small note law, and argues in favor of the monstrous assumption that tie small note privilege was conferred during the life of the charter. , In a former article on this subject; we examined the law by which the State granted to the Bank the privilege in question, and came to the conclusion that the privilege expired on the first duy of January, 1816'. We will how state briefly a few of the reasons upon which we formed that conclusion. The privilege was granted as wc have seen by two separate actsl Now; as the Judge admits, both of the acts relate to the same subject, and were enacted by tlie legislature at the same session ; consequently they must be construed together. And we mufet adopt that construction which will comport with the intention of the legislature, according to the mist common acceptation of the language used. I'o understand the language of the law, we must take ino consideration the state of facts as they existed at the tirne! When the act of February 15 was approved, the Bank had rfit the right, neither did it claim any right to issue small notes. It is true the act of February 15 speaks of the privilege of issuing notes of a less denomination than five dollars, granted, &.C., by this General Assembly; " but we know that the grant had not then been accepted, and never was accepted, until the terms of the proposition as they then ctood, were materially changed. . The Bank could not acquire the right to issue sniall notes but by complying with certain cond.tions, which it refused to do. While the matter stood in that position, the act of Feb. 15 was passed. The first tliieg that meets ua in section T, of that act; iä, that a certain privilege was enlargt-d or modified. It wd's net a privilege then existing, brit one in coriternplatioii. xot something that the Eank had a vested right in, but something which was then the subject of a treaty. But what was the privilege ? Was it the right to issue small notes beyond the control of the legislature! If there is any controversy about this, it is not between hs and Judge Morrison, or any body eise ; but between tbem and the larjuage of ths law. The words of the law are " the privilege of issuing small notes is hereby enlarged,&.c. The legislature here tice the word " enlarge " in reference to the provision's of the former act; and it should be de Sued by the words immediately following in the same section. If this word liad been left unqualified in the act in which it occurs, we should at once conclude that the effect of this act was only to enlarge the provisions of the former act. But the legislature did not ctop with this word. It went on to say just what it meant; and whatever may be the signification of the word in other connexions, we cannot for ä moment be at a loss to know What is meant by the provision of this act. It means, just what in the language of the Legislature, it says ; no more and no less, to wit: ' that the privilege, &c, is enlarged, so as to run from the 1st day of January! 194i, through a period of five years ; anil the trouble and responsibility of the Bank iii managing and collecting the funds herein provided for being converted into Bank stock, shall be deemed' and taken in full considera tion," &c. This is just what the Legislature meant, notwithstanding the use of the term enlarged. There is certainly a limitation moet clearly and positively prescribed, in language that caunot be misunderstood. There is no controversy about that. But it is said by Judge Morrison, that tle limitation applies to the power of the legislature; that the legislature is thereby prohibited from repealing the privilege, &c. Now the Legislature did not say that they intended to limit their own power bvit they eaid that the privilege to issue small notes should run for five years, &c. We think that the language upon this point is plain arid conclusive, and that there is no room left for logical construction to apply the limitation to the power of the legislature The acts must be construed together. So much of each of them a has ever been in force went into force at the same time, by virtue cf the same acceptance on the part of the Bank. Ah isolated word, indefinite in its significations, cannot control the clear, and positive language of the sen tence, but may be controlled and modified by the language of the sentence. There is nothing in the meaning of the word enlarge, to change the subject of the sentence from the privilege to issue small notes, to that of the powef of the legislature to control that privilege," ect to niake five years mean an indefinite number of years. The legislature of 1841-2, repealed certain por tions of tbe act of Feb. 15, 1S41 ; but hot so as to affect the privilege to isue small notes. There was some complaint that the citizens of some of the counties were injured by tlie withdrawal of the funds from them and the conversion of the same into Bank stock, thus giving counties where banks were located advantages", over others. Hence, by an act approved January 31, 1S42, it was enacted that if the bank should be willing to give up certain funds, and the counties should be willing to take charge of them, then the funds eh'ould be retdrriert to the respective counties ;' and the small note privilege was continued upon the proviso that tlie bank should resume specie payment. By another act approved the same day. the College fund was made subject to a Statute of 1839. These laws had not escaped our observation, as the learned. President of the Bank supposes. - But, in relation to this repeal, it will be observed, even by a casual reader, that it could withdraw from the Bank a portion of these funds only. Such portions as were already converted into Bank stock could not, and would not be affected ; ' and tbe notes, bonds, mortgages, and other obligations relating thereto, might be returned only when" the branches were wfll-

ic j a.nd the counties desired it. Perhaps, then, sots of the fuuda ipecified in the act of 1312 are etill under the control and management of the Bank. The reader of thote e.ta will further observe, that tlie part of the act of February 6, 1541, which provided for converting the Sinking Fund into bank stock, has not been repealed. The Bank ha still the management and collection of the Sinkin fund.

J AuJ we are very ß,a( to ured", if indeed u ba I the case, by the President of tlie Bank, (if indeed he is the writer of the article in the Bank Organ,) that the Sinking fund and such parts of the other funds as remain under the control of the Baak", hare cot Decn diminished in the least by any losses in bank ; nor subjected to any charge for trie ncagernent and col lection thereof tlie Bank itself Laving, as by tlie terms of the contract required, defrayed all such ex penses out or its own funds, in consideration of tho privilege of issuing small notes. We have never yet intimated, by the way that those funds have been charged with any such expense. t : . Apportionment Dill fhe following arc tbe provisions of the bill, as it passed both Houses, to-wit: ; .. - SENATORS. .... Steuben, bekalb. and Noble; 1; Elkhart and Lagrange, 1; Kosciusko, Whitley and Huntington, 1 ; Allen, Wells and Adams, 1 ; Jay, Blackford and Randolph, 1 ; Wayne, 1 ; Henry, J. ; Delaware arid Grant, 1; Wabash and Miami, 1; Richardville, Cass and Fulaski, 1 Fulton, Marshall, Stark and St. Joseph", 1 Laporte', Forte'r and Lake, 1; Fayette and Union, 1; Franklin, 1; Dearborn, 1; Ripley, 1; Rueb, 1; Decitur, 1; Madison and Hancock, 1; Tipton, Boorie and Hamilton; 1 Carroll and Clinton, 1; Tippecanoe, 1; Fountain; 1; Montgomery, 1; Parke and Vermillion, 1; Putnam, 1 j Hendricks; 1 ; Marion, 1 ; Shelby, 1 ; Johnson 1 ; Morgan, 1 ; Clay, Vigo and Sullivan, 1 ; Owen and Greene, 1; Bartholomew and Jennings,. 1 Monroe and Brrwn, 1 ; Ohio and. Switzerland, 1; Jefferson, 1; Clark, 1; Jackson and Scott, 1; Lawrence 1; Washington, 1; Harrison, lj Floyd, 1.; Orange and Crawford, 1; Knox, 1; Daviesa and Üartin, 1; Pike, Gibson and Dubois, 1 ; Pisey and Vanderburgh; J. ; Warrick, Spencer and Terr)', 1 ; Warren, White; Benton and Jasper, 1. Miami and Wabash not to elect ctil iS47, al which time the term of service of the Senator from Parke shall expire; and the counties of Miami and Wabash thall be attached to the counties of Grant and Delaware for Senatorial representation, from the Wednesday succeeding the. first Mcuday of Ai:ust next, until a Senator is elected at the election of and qualified. Tbe counties of Elkhart and Lagrange shall be attached to the counties of Whitley and Kosciusko, for Senatorial representation, until the annual election io '47; when tlie Senator front Wayne shall have eerved oiit the unexpired part of the present term ; when, at said election, it shall be lawful for Lagrange and Elkhart to elect a Senator REPRESENTATIVES.. Wayne 3, and in '46, '47 and '43, 4 ; Tippecanoe 2, and in '47 ana '4D, 3 Vigo 2 iu '40, '43 and '49; and 3 in '47 and '50 j Parkei Putnam1, Montgomeryi Rusb, Poseyi Franklin, Henry, Washington, and Clark, 2 each ; Sullivan 1 in '47 and '50, and 2 in '43, '48 and 49; Kosciusko, St. Joseph; Warren, Grant, Delaware, Madison, .Vermillioni Hendricks; Hancock, Union, Decaturi Johnsen, Morgan, Clayi Greene, Owen, Jennings, Ripley, Jackson, Scott; Floyd, Lawrence, Knox, Dubois, Pike, Gibson, Vanderburgh, Warrick Spencer; Perry, hrd llarrison, 1 each Cass and Richardviile 1, and 2 in '4f)J tounf tain 1 ; Clinton and Tipton 1, and 2 in '43 and '50 ; Laporte 2; Allen 1, and 2 in '47; Elknart 1, and in '43 and '49; Lagrange and Noble 1 jointly, and 1 each in '40 and '50 j Cam .11 1; Randolph 1, and 2 in' 47 and '49 ; -Marion 2, and 3 in '46, '43 and '50 ; Bartholome 1, and ,2 iri '49; '49 arid, '50 Jefferson 2, and 3 in 'id arid 40, j liamiitcri U arid 2 in '4(j and '49; :Boone 1, and 2 in '47 and '5b; Shelby 1 i Fayette 1, and 2 in '47 and '50; Dearborn 2, and 0 in '49 ; Monroe and Erown leach in '46, 49 andfiOJ and 1 jointly in '47 and '49; Daviesa and Martin 1 each in '47 and '49, and 1 jointly in 'IS, '43 arid '50j Orange and Crärford 1 each in '47, '49 arid 50, tjnd 2 jointly in '46 arid '43; Ohio' 'iSi Switzerland 2 jointly ia '47 arid '49, and 1 in46, '49 and '50 j Steuben and DeKalb 1 jointly ; . Whitley aril Hun tingtöri 1 jointly ; Adams arid. Wells 1 jointly ; Miami and Wabash 1 each in '46, '43 and '50, and 1 jointly in '47 and '49; Marshall, Fulton and Stark 1 1 jointly; Porter, arid Lake 1 jointly; Pulaski, Jas per. White and Benton 1 jointly ; and Jay and Blackford 1 jointly! For the Indiana State Sentinel. Ilses Eighth of January? BY Xt.S. IABAH T. BOLTOIT. TU the eizhth of January, bear the cannon'a thonderToice, How, it tells u lo rememt-er, bow it tell us to rrj ire t To remember till the sacred trust our fathers did bestow j . To rejoice that lleaveo helped us one and thirty years ago. The story is an old one, it's been, told, ten thousand times t -Told beside our blaaing hearlb-stoces, told in many distant climes i ... , i. .-. It ha sounded over ocean, city, hamlet, valley, hill, Yet it is as new as ever, and we love to teljt Jtjll. .. Yeswe love it and we'll tell it till our blood shall cease to flow, Itow Columbia whipped old England one and thirty year ago. ;,.....! The morning rose all brightly, and the glorious son looked , down . ' ' Ö'er Ibe gently flowing river and the busy, bustling town Many a young heart bounded lightly from the fairy land of drram, . . , . r i . And wrnt forth in its jnyousness to greet Aerora s beams i f But manly brows bent gloomily, and many a cheek wa pale. And manv deep vslfce filtered as it told the fearful tale, Tbat old" England's titled chivalry io all their pomp and P"de, . . Were preparing for the battle by the MissiÄMppi' aide. . Oh there were trembling beans and knees, and faces fall of woe, , ' ; In the city of New Orleans one and thirty yean ago. On cme those pomponi warriors in the grandeur ef their might, . With their red-coats and their lions, and their weapons gleaming bright t - 1 . 1 With their music gaily founding, and their tanners floating , hyh t . ....... With pride in every movement, triumph throned in every eye. . ' ' 'J Onward came ihey, with their mottos and their watch-word gaily told t , -;"", It wis st. ike for Yankee beauty, It was str.ke for Yankee Oh ihey'fou'ght ai vassali alwayi tght, as vassal die they ind'neir titled blood' was mingled with old Mississippi' For it did not take our Jacksoit, long to lay that army low, And old England still remember oue and thirty year ago. Britannia talks of war again as thoogQ she sever knew What freemens' noble heart could dre, what freemeu' arms could do j - ' , Fcr she come t us demanding, to bf r proud iDsnlting tone, The title of that gloii .us land that nature made our. own. , But we'll how her tbat our father' blood Uli circle ia our veins; , , .... . ' . . : We'll how her that Columbia cannot wear a tyrant chlinn Ye, we'll show her, if be will it o, tbe eouoter-parl of Tbat'our'fathJrs showed her long a;o, at sunny New Or- ' leans . it When cur acred claim to Oregon ahe asks u to forego. She had better far remember cce and thirty year ago. Thoueh be has gone who fanned so long oar country' allatWhoflcrwned ber atarry diadem with deathless wreatij cl Fair rlee'dora'a Fana is gaarded tili, Li pahiot-beart ara - there, . , ( .....-' , ' And her pirit i, around til la lie beauty everywhere.. It ia written on tbe aoil we tread, engraven on ourky ; On our Lake and gloriou lUver, a tbe crested waves It i on our growing cities, around, above, beneath t On our mountains, on our forest, in the eery air we breathe, Oh.itwUl not take utrrgta let old haughty England koe-w; that we have not forgotten en and thirty yeias p.