Indiana State Sentinel, Volume 9, Number 26, Indianapolis, Marion County, 6 December 1849 — Page 1

lWDIAMl'OLIS, DCCETIBEi: 6, 1819.

J ciE Chamberlain not a Candidate. We have a letter from the Hon. E. M. Chamberlain, dated Goshen, Nov. 23, in which he says I have recently seen my name spoken of in the papers of the iftate, as a candidate for State Agent. am not a candidate for thai office." Arrivals. A host of gentlemen, from all quarters of the State, arrived during the present week, and now fill our hotels and boarding houses to repletion, preliminary to the opening of the General Assembly on Monday next. The weather is delightfully pleasant, and the health of the town ia unusually good. Every body appears to be in good spirits and good nature, and it is to be hoped will continue so. Pacific Railroad. Mr. Asa. Whitney, well known as the projector of a railroad scheme across this continent, addressed a large meeting, principally composed of distinguished citizens of other parts of the State, at Wesley chapel, on Tuesday evening last. His address, illustrated by diagrams of the different proposed routes, was listened to witli much interest, though it occupied more than an hour in delivery. The magnitude of the subject, and the vast results to be achieved, had all the interest of romance. Yet there was perhaps not a person present, who doubted the ultimate accomplishment of the great work, which if ever completed will change the condition of the whole world, of which the Mississippi basin, will then be the centre of radiation. At the conclusion of the address, resolutions, similar to those adopted at other places, were proposed by Mr. Williamson Wright of Loansport. These resolutions, which were understood to endorse in general terms, the project, and the route, of Mr. Whitney, were opposed by Messrs. Vm. Sheets and J. H. Bradley, of this city, and were supported by Mr. Defrees of the Journal, Mr. Dumont of Lawrenceburgh, Han. A. S. White of Lafayette, and Hon. E. M. Huntington. The real point at issue did not seem to be any degree of opposition to the road itself, but merely as to the propriety of endorsing Mr. Whitney's scheme in preference to any other. And in tue settlement of this question two grand points were involved, viz : as to the prosecution of such a work by the general government, or by individual enterprise. As 'to tlese points, there appeared to be an almost unanimous opinion in favor of the latter, to-wit: that the prosecution of the work by individual enterprise would be far preferable for various reasous. The unfortunate result of our State" system of internal improvements aeemed to be vividly before the mind of almost every person present ; and the idea of a survey hill, to be passed by Congress, possessed a talismanic sound; warning them of a sitniar act which was the entering wedge of our State Debt. For reasons of this character, which our citizens every where can appreciate, the resolutions wire passed at a late hour, and after loop debate, hardly a single person having left the meeting till the resolutions were passed. Mr. Whitney was of course much gratified at the result. Perhaps we may be permitted to atate, fr the gratification of our readers at a distance, without meaning to commit ourselves pro or con in his favor, that Mr. Whitney in his personal appearance almost exactly resembles Napoleon Bonaparte, at the latter personage is pictured in statuary and painting. We remarked this to others, who instantly agreed with us, but who hoped and believed, as we do, that if Mr. W. shall convince Congress of the superiority of bis scheme, that he will be, as he seems desirous of being, the Napoleon of Peace, as Bonaparte was the Napoleon of War. At any rate we take the liberty of designating Mr. Whitney, the Rail Road Napoleon, whatever Congress may choose to say or do upon the subject. We shall hereafter endeavor to give our readers some better iuformation relative to this very important subject. Death of a Stranger. On last Sabbath evening a stranger by the . name of John Reed, called at the house of Mr. Z. Tate near this place, for the purpose of warming himself, appearing to be suffering greatly from cold; after getting his feet warm he became so very sick as to be unable to get away. Medical aid was called, but was of no avail, he suffered greatly until Wednesday last, at which time be died. He was an Irishman by birth twenty-nine years of sge, and said he had a brother residing at No. 25 Prince Street N. Yrk, a sister in' New Orleans, and an uncle in St. Louis. He had no means to defray the expenses of his sickness or funeral, but was well taken care of and all done which could be done for him. Paoli Ballert, Ylth. QAt the last term of the Putnam Circuit Court, judgment of $500 was obtained against W. S. 1 rr , i l. j ... ; Townsend, county clerk, as damages for issuing a j marriatre license to a male minor. According to a writer in the Greencast! Sentinel, the-case was a ! ... tu .:, . .. ,. k...k very singular one. I he suit was not brought! until two year after the marriage; the wedding took place at the plaintiff's own house, while he was ati home, and apparently with Lis lull consent! II these tatement be true, the verdict needs explanation. Juries are remarkably facetious sometimes. Sarsaparilla. If any body wants a firs' rate and Pure decoction of sarsaparilla, call on Dr. Merrill of this citf. He has an excellent steam apparatus for the purpose and if there be any virtue in the article, and we think there is. it can certainly be found in the Doctor's steam decoction, at half the price of the common nostrums called sarsaparilla. C7-The Centreville Sentinel of the 28th says The health of Mr. Julian, we are happy to say, has somewhat improved the past week. Should it continue to improve as it has for a few days past, he may be able to set out for Washington sometime next week. CC7Mrs. Frances Ann Kemble, who recently gave a single "Shskepearian Reading" before the Mercantile Library Company of Baltimore, refused all com. peneatiou tor it; and declares furthermore, that she will receive no mom-y in any State where slavery is tolerated. She is now at Cincinnati. 0"Tbe Hon. R. D. Owen is actively engaged in a scheme for a plank road from Evanville to St. Lou is. It would be a most valuable improvement better than a railroad and we hope Air. O. way be success ful in his eff rt. Cr-The folks at Centreville are now talking in tarnest about building a railroad from that place to Rich mond, so as to connect with an extension of the line to Dajton aud Cincinnati. Cjrll is stated that Benjamin Stanton,extensively known as the editor of the Free Labor Advocate and Anti-Slavery Chronicle, died last week at his residence in Newport, Wayne county. California Mabkiage Contract. A priva.elnter from a gentleman at San Francisco, to his friend in Isew V ork,savs: I have been, as you know, over eieht years in Cal ifornia, and am yet unmarried, lily friend Mr. L has latelv left for Scotland, and I have given him commission to bring me out a wife of the following description: not less than six feet, b'uo eyes and auburn hair. I am either to marry her, or pay a for feit of 10.000. I do hope, as soon as the country is a little more settled, about ten thousand first-rate girls will start for California : we have goods enough ; now

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ft Published every Thursdsy. Death of Cou Thomas H. Blake. Col. Thorens II. B'ake, a well known citizen of Indiana, died at Cincinnati, on Tuesday last of inflammatory rheumatism. Mr. Elake was cue of the Trustees of the W. &. E. Canal, which responsible place he had held since the adjnstment of the State "Debt under the "Butler bill." He was the Commissioner of the Genera! Land Office under President Tyler, and was a representative in Congress from this Siate in 1827-9. Mr. Blake enjoyed the confidence of all who knew him as a man of honor and integrity? His decease is a public loss, especially to the community of Terre Haute, of which place he had fur many years been a distinguiahed citizen. We participate in the regret which will there be deeply felt at the occurrence of so melancholy-an event. . The Salem (la.,) Democrat raises the flag of Gen. Jos. Lane es its candidate far the next Presidency. This is one of the richest jokes of the season. Lou. Cour. ( Whig.) S said the Democrats when Taylor was nominated; and yet Lane is as good a General as Taylor, and much more of a civilian. If progression is the order of the day, why should not Lane succeeed Taylor ! Cin. Enq. Geneiat Lane is doubtless a brave man, but he is totally destitute of nearly all the requisites that would make him a uccessful emmander. It was his lack of generalship and ignorance of military matters that caused the disaster to the 2d Indiana Regiment at Buena Vista. The fact is notorious that if the men of that regiment had been commanded by an able or skilful General, they never would have been placed in such a position as to be compelled to retreat. There is not country village in the Union but could produce a man fully equal to Lane as a . General, while thousands could be found vastly his superiors ! Louisville Courier, Nov. 24. QrThe best reply to the false and slanderous charges of the Courier, will be found the following extract from a note in Scribner's "Incidents of a Campaign in Mexico:" Gen. Wool remarked to Col. Bwles, in the presence of Gen. Lane, Col. Curtis of the 3d Ohio regiment, and May of the Washington Light Artillery, that if he had withheld his order, Cense firing and retreat," and had carried out the intentions of Gen, Lane to advance, A it regiment would hate executed one of the most brilliant things ever dnne vn any batlljield; for, said he "Santa Anna in his own official report remarks, that he had already passed an order fir his forces to retreat, when the enemy, atter a most determined resistance, was observed to give way in great confusion." Hero is the testimony of the General wbo had the direct supervision of Gen. Lane's command, against the silly accusation of a man who was giving "aid and comfort to the enemy" when the battle was fought. The State Sentinel affects to regard the result of the New York election as a Democratic victory. True it is; but not of the Sentinel's sort. The Sentinel i facetious. The allied forces of Hunkers, Barnburners and Abolitionists have heretofore had 30,000 majority over the Whigs in that State. Now the whig have at least half the State officers, by majorities of 2.000 to 5,000 while it is not really certain the intriguers have any. Decatur Clarion. The Clarion misrepresents the truth in every important particular. If by "the allied forces of hunkers, barnburners, and abolitionists" the editor means the democratic party, the assertion that they have heretofore had 30,000 majority over the whigs in that State1 is simply untrue, unless he refers to the times of the early presidents." -The state went for Harrison in 1310; Polk's majority in 1944 was 5,280; and every body knows that Taylor's majority over Cass was rising 100,000; that out of 34 congressmen elected the same year, the whigs carried all but one ! Now, is it no democratic victory to elect one-half the candidates on the ticket for Scate officers, and one-half the members of the Legislature? Tho whig papers of New York certainly so regard it, for in the bitterness of their mortification they are compelled to acknowledge it a "drawn battle." Next time, whiggery will be "drawn" and quartered! P. S. Since the above was in type, we have received the N. Y. Jour, of Com. containing the following: Official Vutc or the State Yesterday's Albany Ar gus contains semi-official retain dorn tht whole Sitte, for each f candidal tut Stale officers. Tb average Dem- : . .... . i . t rr iir.i.t. ociauc voir, excluding n yuies iot fl('f en.u,r., w Tiof u 02K4,3 ncludi(lfj ,hfJ Ti.. ...... the ; Demokratie average is 202.69t. Acta. I Democratic ju,,,T.671- . , We hope the Clarion will be satisfied. He are. r A. Whig Tricmth. The average vote cast for the Various whig candidates f r State oSces in New York at the lite election is 291,539 the average of the locofoco candidates for the same offices is iM1.3Do. Thus showing that the popular vote of the Empire State is in favor of the whiss. Madison Banner. The N. Y. Evening Post of the 10th, gives the aggregate majorities in all the counties of the State, the result of which is a majority iT 700 in favor of the democratic ticket in the State. , Important Decision. We understand that the Supreme Court has reverped the decisions of the Com missioner, and of the Lafayette Court of C. Pleas, in the case of Beard v. The State,' involving a claim for damages. growing out of a contract on tlveVpublic works. The commissioner allowed some $10,000 the Ourt of C. Pleas, on appeal, some 14,000, the Su preme Court nothing, being so much saved to the State Treasury. We understand that Beard was cute enough to sell the judgment in his favor to a third person, without recourse! We are sorry for him. 07" It will be seen by the following that Col. Nave of Hendricks county, has left the whigs. He was fo several years one of their active leaders. We imagine that his example will be fuPowed by many others: To the Editor of the Danville Advertiser: Sir Having acted with the Whig party in this State since the year 1839, and a party with whom i have ever been proud to act. until since the election of Gen. Taylor to the Presidency: but owing to his faithlessness in not redeeming his pledges made to the American people, previous to his election; and owing to the fact that the party claim E. W. McGaughey as being a Whig, after his anti-war and anti-supply speeches in Congress and elsewhere, and because of many othr heresies advocated by the party, 1, therefore, hate abandoned the party, and am henceforth a Democrat dy-d in the wool. 1 am yours, &c. Danville, Nov. 19, 1849. C. C. NAVE. Gas. Chicago and Milwaukie are about to erect gas works. Indinnajtdis Sentinel. The citizens of Indianapolis are. already supplied with eras. As long as Chapman remains with them, their work will be in full blast. Bedford Standard. This kind of gas gives light, to all, and we hope we shall be bright and shining ones, until our works wear out t String field, O., Nov. 20. A heavy mail robbery was discovered here this afternoon. It was perpetrated by a young man named Charles W. Me Williams, who for some time last summer was engaged as mail agent in the cars between this place and Sanduky. $1200 has been recovered. The young man is under arrest.

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INDIANAPOLIS, DECEMBER 6, 1849.

A Grent Kascstl Cnuglit. New York, November 13. A great deal of excitement was caused here yesterday by the announcement that the nan who sent the infernal machine to the house of Thomas Warner, Eq., in the month of May last, was in durance vile, having been dogged and traced by Mr. Wilkes, of the National Police Gazette, until proof was brought against him, and then arrested and locked up in the Tombs. The individual turned out tu he a man with one arm, president and owner of a bank in Canandajrua, in thie State, and owner of a furm worth thirty or forty thousand dollars at Astoria, L. I., and suspected f.r many years of being an expert burglar. counterfeiter, tinnlt note changer, and every thing else. . Af er he was secured and lodged in the Tombs, his iou.se at Astoria was searched, and four wagon loads of plunder were removed and brought to the city.. Among other things there were secured two large boxes of gold watches, two boxes containing valuable watch works, a box containing jewellers' oil, a box of watch crystals, a small box of diamonds and emeralds. trunk of silver plate, a box of watch springs, and a variety of other things in the watch-makinjr line, evidently tho result of several depredations. In an office or outbuilding was found a large press for coin ing, a number or steel dies for doubloons, dollars, and Haytien money, squares of glass, for altering bank notes, fancy type for inserting letters, chemical stun for erasing ink, punches for making dies, and other articles of a similar character. Too much praise cannot be awarded to Mr. Wilkes for the manner in which he laid his plans, the way in which he carried them out, and the tact and skill by which he succeeded in bringing this notorious man betöre a court and jurv to answer for his crimes. Mr. Wilkes has in his possession testimony that will convict the prisoner nn three different charges; first, attempting to take Mr. Wilkes s life ; secondly, counterfeiting gold coin ; and thirdly, altering one or two dollar bank bill to fives aud tens the aggregate pun ishment of which will exteud to about thirty years in the State prison. Mr. Wilkes, I believe, will not re ceive any of the thousand dollars reward offered for the arrest of the torpedo man, for his own purposes. He will distribute it among those who assisted him in carrying his well-matured plans into effect. Losa PüLPtT Service. Rev. William Turner, of Gateshead, England, preached bis first sermon in while Napoleon was yet in his teens and the Independence of the United States was yet unacknowledged. The Gateshead Observer says: Napoleon has beun and ended his career the American Republic has long ago celebrated its jubilee the mail coach has been superseded by the railway train penny postage and the electric telegraph have come into operation and on Sunday, the 19th day of August, 1849, after a lapse of sixty-seven years, he ascended the pulpit, which he had occupied upwards of sixty years, and opening the sacred vol ume, read without spectacles the 22d chapter of Luke's Gospel, in a firm and audible voice. He then took for his text the 41st and 42d verses and preached to a congregation, not one of whom had heard his first discourse from that pulpit. At the close he gave out the hymn of his friend and tutor, Dr. Enleld, concluding with the aspiration "Be Christ oar patron and oar guide, His image may we bear; Oh. may we tread his holy steps. His joy and glory share!" Wives. Wives should know that no beanty has any charms but the inward one of the mind, and that gracefulness in their manner is more engaging than that of their person ; that modesty and meekness are the true and lasting ornaments ; for she who has these is qualified, as she ought to be, for the management of a family, fjr the education of children, for the affection of her husband, and submitting to a prudent way of living. These, only, are charms that render wives amiable, and give them the best title to our respect." Wives should know that the inward beauty of the mind ought to reflect itself in the outward form. Where there is inattention to the body, we suspect some marked imperfection in the spirit. No outward attraction will make amends for inward repulsion ; no inward beauty could reconcile us to a slatternly or unclean person. There are attentions to the body which cannot be neglected without repelling love. While woman is Beauty embodied, she should see to it, that the medium through which ihe Inward Grace shines be kept clear and transparent A good wife will reject all these one-sided iraxims which overlook the corporeal, and inculcate exclusive attention to the spiritual. What God has joined together, let not man put asunder. Body and Spirit in this life are inseparable, and a wise woman will seek to beautify both. God, the all-pervading spirit, neglects not the outward: this visible world is all beautiful. "Behold the lilies of the field ! they toil not, nor do they spin, ytt Solomon in all his glory was not arrayed likeohe of thee e." Surely, the outward on which He bestows so much attention cannot be unworthy of our. NaDifference or Time. The Gazette.of Cincinnati. has been furnished with the following table, of tlie difference of time between Cincinnati and other prin cipal cities in the United States by Prof. Mitchell, of lue Ubservatory : Min. Sec. Beton, Mar., 53 QiH-bec, L. C'da., 52 43 faster than Cincinnati time. a w do. do. Providence, R. I. ,52 New Haven, Ct., 46 Alhonv, N. Y., 43 New York, N.Y.,41 Princeton, N. J., 39 Philadelphia, Pa., 37 Baltimore, Md., 31 Richmond, Va., 23 Pittsburgh, Ta., 18 Charleston, S. C, 17 Savannah, Ga., 13 Louisville, Ky., 4 Indianapolis, la., G Nashville, Tenn., 9 St. Louis, Mo., 20 N. Orleans, La., 22 15 08 CO 55 30 20 28 13 07 50 30 do. do. do. do. do. do. do. d. do. do. do. do. do. do. do. do. do. do. do. do. do.. do. 01 slower than Cincinnati time. 21 do. do. do. do. do. do. do. do. n. 25 20Canneltom Factobt. The fine -weather of the present week has been well improved by Mr. M'Greg or in prosecuting the work on this building. The walls are now completed and the workmen are en gaged in putting on the cornice and roof. About one tbird of the rafters are already up. A portion of the hands are carrying up the two towers ; some are pre paring the ground upon which to build the chimney for the engine; some are sinking the well, and yes terday a tew rocks were laid to rest in the foundation of the Hotel, (that is to be) on Front Street. Fine weather, good keeping, good pay, good health, buoy ant spirits, and enough to do makes a very pleasant and prosperous community. Cannelton Economist. Melancholy Accident. A very serious and mel ancholy accident occurred at Orleans a few days since, by which we have lost one of our most valued citi sens, Cl. Henry II. Webb. We understand he was et. gaged in walling a well with a hand above letting down the stone to htm in a bucket, when by some ac cident a lare stone fell on his head snd fractured his skull. He lived until Thursday last, at which time he expired. Col. Webb was an old and respectable citi ten of this county; a fid his loss will be severely felt in the community cf which he was a member. Paoli Battery. F. L. T. It is related that a cousin of Mrs. Par tington purchasing at the dry roods store of an "odd fellow," observed that many of his clerks wore breast pins bearing tliose cahalmtie letters, r. L. T. "Pray Mr. James" said the lady, '.'what mean those letters so common in your store; r. L. v!" "They mean, madam," replied the polite draper, "few lies told." "Aba!" responded the lady 'thia is just the store I want." OrThe "Mirror" is the title of a new papor, by John H. Scott, just commenced at Rising Sun. Neutral ia politics, and respectable in appearance.

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FOREIGN 1VEUS BY THE STEAMSHIP CAUEDOXIA. 'the intelligence by the steamer Caledonia i of much interest, although no event of great special importance has occurred in any part of Europe. Prussia is in a disturbed state. Eulwer, the new minister to the United States, has sailed from Portsmouth. According to Hunt's telegraph, he is charged with the duty, as the first business on his arrival, to find out what encoti regiment, if any, the United States has siven to the Canadians. Ill their attemot to withdraw that nrniinm frum British rule. Mr. Bulwer, it is said, is clothed with full power to resent with energy, all interference on the oarl of ! t. TT..:. -j o.-.- .1 . me uuncu oiaies in me ixicarajua atMir. It is also stated that thn British Government has notified the Governor of Canada that no coercive measures will be adopted to prevent annexation to the United State, if the popular will be dcided!y expressed in favor of that measure. Doubtful. In Austria there has been three additional executions. Haynau, who has made himself a world-wide fame as the murderer of the Hungarians, has published an amnesty, the butcher beii.r tireü of his work of blood. The Emp-jror has decreed that all officers who return to the Austrian stiudard before the 20th r-t November, instant are to be restored to their rank. The Austrian Emperor ha ordered a levy of 15.rrt . t 1 ,r - - vw iroop in me uomoarj-v fniuan oiates inc voiogne uazeite says mere are many symp toms which lead to the supposition that the war will be renewed with Denmark. Report are already cur rent that an army .under the command of Gen. Peneher, is in readiness to march. The Jesuits are returning to Austria. In the Roman States things remain as at the last arrival. A deputation has left Rome for Partici to request the P.pe to return. s - All the universities in the Papal States are to re main closed until further orders. The Fund Effendi has been informed bv Count Nesselrode, the Russian Minister, that the Russian Emperor demands that the Hungarian . refugees should be located in the interior of Candio. fan island in the Mediterranean.) or such other part of the Turkish empire as may efford the greatest facilities for keeping them in subjection. 1 he Emperor was willing thai those of llie Hungarian refugees who wished to so to England or France mieht do so. as he would take no notics of their departure, notwith standing the tact that whether in England or France, the refugees would bring themselves into a new revo lution. m a . . . iiie exiles were still at Wedden. Their entire number is stated at 120, principally officers Bern denies his final conversion" to the Mahommedan faith. The difficulties between Prussia and Eeufcbatel (a territory of Switzerland, the sovereignty of which is claimed ry t'russia,; lias been settled. Neufchnte returns to the same political, position she occupied betöre the revolutit-n: England offered her media tion in the matter. Mr. Rives, the new minister from the United States has been received. Louis Napoleon was most gracious. He observed that in consequence of the dimculties that had arisen between the two govern monta L .. 11 L I 1 I .1 , memo ne wouiu uave ocen aepnvea or tue nonnr o receiving him, if instead of being a republican minis ter, he had been a monarchical ambassador Mcbskk. friend has furnished as with the followin r 1 parucuiara 01 mo uesia 01 uavia jones an old and substsn tial farmer of this county. Tip. JouruaL Mr. Jones became enamoured of Mrs. Cantwell, wife of ose of his tenants, and had the sanction of tbs buaband to call upon her. At leant be was acquainted with the fact of Jones making calls frequently anon his wife. And for the last two years this has continued satisfactory to all parlies, and to mate a nnubing stroke to these unlawfu proceedings, an elopement was agreed upon, and the II th of Not. was the lime selected to carry oat ibeir designs. A proviso on her part, was tbat be sboald take with him $ 1000, or else she could not undertake the journey , whir ro doubt he accomplished, a he told his wife on the 10th that bs bad $3000. AnJ from that time he has not been seen until the 16th, when bis body was found in the Grand Prairie, lying in a pond, bis body pierced in two or three piacea, iy 100 ouiieis irom euner pistol or rine. He was found about tbree miles from the proposed place of meet ing between himself and Cantwell's wife; both of whom have been taken in custody, also two brothers of Cantwell wife. The Boston Chronolvpe thus disposes of the cant of Massachusetts Whiggery. about the want of principle in FreBoilers uniting with Democrats to carry the election: political Htfockist. The Freesoil leaders in this State, by combining; to "defeat the Whigs," have lost the little respect in which they were held when tbey stood arrayeU in the spotless robe ofraiaciriB. IFhtg' Election terms Auarett. -1 he spotle robe of raiscirn, eh! How lone is it since these Whirs wbo lately sold all their principles for a share in a slaveholding availability, have learnt to honor ; the "spotless robe of anti-slavery principle? Did not thy abuse, as fsc4ionists and traitors, every Fteesniler wbo bolted, because be couldn't swallow Taylor and his tbrre hundred slaves? Are they not the veiy same gentleman of property and standing who sought to nip this principle r i .r . i . . ... oi uumaniiy in ine oua oi us development, ny mobbing a little female anti-slavery prayer meeting? Are they not the very same gracelta reprobates who endeavored to palm upon the good people of Massachusetts the 'Garland Forgery,' thereby seeking to overwhelm the honest and roagnanimoos James G. Birney in everlasting disgrace? And did not their Mjodlike ; leader lose a bet of $200 in seeking to prop that very same forgrj? Are thy mt pledged to sustain a alaveholding Presijent who is well known to be exerting his influence at this moment to make California a slave State? Pretty fellows they, to talk shout "the spotless robe of principle." If that rote so spotless, why have they never pat it on! Magxitic Tclisbapb Cab. The Ions pending suit between Professor S. F. B. Morse and others and Henry O'Riley and others, in which is involved the plaintifTs pa tent right to the exclusive ose of the magnetic talegraph, waa decided in the United Slates Circuit Court, at Fraokfort, Ky., Judge Monroe presiding, in favor of the plaintiffs, the Court granting Prof. Morse an injunction, res training lbs uelrndants from the Tanner ose of tbs plaintifTs patent for fourteen years. An appeal ws taken, and the case, we preiume, will go to the Court in banc for final decision. Death ii a Weil -The Syracuse (N. Y.) Joarnal states that, on the 9ih inst, James Lard descended into a well to get a bucket tbat bad become detached from the rope. . His long absenca exciting fears, James Weston attempted to go down, bat soon ordered the men who bad charge of the rope to btul him up. He rime op, hardly able to get his breath; and Lard was afterwards drawn op dead. fjr-Green corn, onions, 'small (new) potatoes," pears, apples, and pretty county girls have been abun dant in our streets during the week. The first offered at $2.00 per dozen ears. Onion', large ones, (such as California ahme can produce) 50 cents each. Pears, apples and "small potatoes,,' are terms synonymous; aud should not be taken at this season. Each one of the black-eyed sennritas may bo amiss, but we are in clined to doubt it. This is what the Alta California newspaper, (of the Cth of Septetnbei) would call a price-current, we sup pose. Flogging im the Navy. Com. Stewart, in a let ter, addressed to Barnabas Bates, Esq., of New York, expresses his conviction that the naval service is so "wholely and completely aristocratic tnat it has not, even under monarchy, its equal in existence. But he attributes a portion of this blame to the law retro lating the service, which leaves no discretion to the officers as to the mode of punishment, but requires whipping in atl cases. He expresses the hope that Congress will do something at its next session towards a reform of this system. The local editor of the State Journal is trying to break himself of the "bad habit of lying in bed till breakfast time." It is certainly bad enough for these 'locals" to fie all day after getting op without lying in bed till breakfast time. Eran sxUfa Journal.

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Volume lX:::::::::NumDer 26. mmmstswmmitsmmsmmmmmimammmswsmmm SUPKR31E COL' KT OF INDIANA. November Terra, 1819. BcrnTED roa the itatc a ehtisel sr a. o. roarta, esq. Moroat, Nov. 26. Tht Car pent er $ r, Lockhart. Appeal from tha Vauderburgh C C. Perkisj.J. A contract on the one part to pay the last instalment of the purchase money of a tract of land on a given day, and on the other lo mk a deed so soon as the parchae money thall be fully pit, make the paynrnt of and said instalment, (II othert havii.g been previously paid,) the rxreution of the deed dependent eoucarient acts; and ntbrr party, iu a suit at law against the oibr for noo-per-fwrmaiice, must show peifurmance, or antOrof petfoimanee, on the given day, or an excuse fit. not doing so. The covenantor'- want of title is a auffi terl excuse for not paying or tendeiing the purchase money, on the day fixed tot payment aud for the execution of the deed. Where, in the note fur the purchase money of a tract of land payable on a given day, Is included 1,000 dollaia for another conMeraii n, and the noe ia all paid on the fixed day except 336 dollars, but no appropiiation ia made tf the payn ent to the purcha-e money fur the land, the money rnut fca rrgaided as paid proportionate on the land and the other consideration of the Dole. Ia "bi case the payment of ceitaiu debt! by Lockhart as provided for in ihe agreement (whirh cannot be here set oot) was not a condition piecedent lo ht right to the conveyance of certain lands f.om the Caipeniei - The Caipenter covenanted I convey to Lock hart 200 acre of land, such as thry shonld select, ont of a tract they owued in Ultimi township, Vandrrbuigh county, Indiana. They did select, but did ut convey. Hell, that covenant would lie on auch an obligation, and that the particular 200 acres aelected might be shows upun the trial by written, if not by oral evidence. ' Lockhart covenanted to give notes to the Carpenter, with security, to the acceptance if A. Warner, far the pnrchase money of certain land. He gave notea to the acceptance of tht Carpenters, without reference to Warner's approval. Held, tbat tbe legal effect of the covenant was complied wUh. Where an agreement contain stipulations of different degrees of importance, the damages fir the breach of some of which would be certain and of others uncertain, and a large sum i expressed io tbe agreement as payable on a breach of any of the stipulations, such sum i always to be regndeda penalty and not liquidated damages. Evidence it admissible in an action on such an agreement to mitigate tbe damages. Reverted. C. Baker and S.Judah, att'ya for appellants j J. G. Jones, atl'y fur appellee. Tcodat, Nov. 37. State v. Burgett. Error to the Tipiecanoe C. C. RLAcaroas, J. In an indictment founded apoo see. 103, p. 982, R S. 1843, it is oot oecc tsary to atatt the termini of tbe highway. Reverted. Statt v. McCormick Error to the Tippecanoe C. C. Sams point decided. Reversed. Boyd v. Holmes et at. Error to the Lagrange C. C. BLACKroaD, J. -One of tsvo obligees of a buod cannot assign his interest separately, so that bis assignee and the other obligee will be the legal holders of the bond Affirmed. Smith et at. e. Smith. Appeal fiom tbe Tippecanoe C. C. Smith. J. A bill in chancery exhibited by a defendant to ao action at law against tbe plaintiff, fur the discovery of an unliquidated demand for damages In be set "ft" in such action, cannot be maintained. Such dsmages are in.t a proper subject of set otf. Deciee granting injunction reversed, with instiuctions to the circuit cou t to dismiss the bill. The Board of Commissioners of Carroll coumty v. Wilso. Apiesl from the Carroll C. C. Teb CuaiAK. A physician may maintain an aeti n against Ihe board f county comnisiooers fr profession.! services rendered io a pauper of tbe county. Affirmed, li. Allen , and G S. Orth, att'ys for appellant D. D. Piatt, att'y for appellee. Brenton o. Davis. Error to the Marion C. C . A firmed. Rowley v. Doe, ex dent. Carpenter. Error o tbe Vanderburgh C. C. Smith, J Tbe blocks in the lower or McGary's enlargement of Kvansville are IS polra one way, by IS pules and 8 links tbe other. Aßrmerf. Talbot I, admr. de bonis non. ke., v. Dennis et at. Erior to ihe Shelby C. C. Blacktoxd, J This was a bill in chancery filed by Thomas Talbott, admiuistiator de bonis non, with ihe will annexed f Andrew Hensley, deceased. Tbe defendants are Thomas Dennis, Isabel Hensley, ti e widow, and Thomas W. Ueusley and otheis, the heirs of said Andrew Heasley. The facta wete as follows r Isabel Hensley, oos of tho defendants, previously to her marriage wild said Andrew Hensley, was tbe.owner in f e of two tracts of laud. After her said marriage, she and her husband sold and conveyed said lands to Dennis, one of the defendants. When this sate was made, it was the intention and wish of Mrs. Hensley . that the purchase money should be laid out for wild lands fur her and said heirs. Dennis at Ihe time of the conveyance to him gave his noies for Ihe purchase money, ai.d, to secure tbeir payment, executed to Mrs. Hensley a mortgage in fee on said lands. Mr. Hensley afterwards died, leaving a will, by which one James Sharp waa appointed executor. Sharp, as such executor, filed a bill to fieeloss the moitgage aforesaid and obtained a decree. The decree waa tbat Dennis shoulJ pay Sharp 663 dollars, being tbe amount of aid mortgage, debf-and intrietj aod that, id default of payment thereof within a specified time, tbe mortgaged lands sbuuld be sold, &c. Sbarp did not enforce this decren. (la the cnotraiy, in pursuance of an agreement of Ihe parties, Denois conveyed the mortgaged lands t sail widow and beirs; and Sharp, in considetatiua of that conveyance, entered on Ihe record a satisfaction of Ihe decree- Sharp baa sir.ee died, leaving the estate of his testator unsettled. Held, 1. Tbat Dennis's conveyance of the mortgsged lands, and Sharp's entry of satisfaction of the deciee, were void as to those persons who have interest in tbe adminia1 1 at ion of the estate. Vile 2 Wiilums ou Ex's, 6732. That the mere intention and wish of Mrs Hensley, when she exeroted the deed to Dennis, thai Ihe price of ihe Und should be appmpiiited in a ceitain way, without any agteement relative to the same, has no beariog on the cats. 3. That the administrator de bonis non waa a proper person to file the bil. 4 That the non-j ii der of Sharp's repicsentatives having not been ut j-cisd to in the circuit cuuit, by demnrier or plea, or answer, or even a defendants to the bill at the heanug, caiK'ot be otjected to uo wii' of errr. Reversed, with instruct! to the ciieuit court t render a deciee setting a ide Sliaip's entiy of atisfaction f the dVcree in his fav.H, and selling aide also Dennis's conveyance io said widow aud heirs of Mr. Hensley. A syllsbfct of a lengthy opinion of Judge Smith omi ted for the preent Rtr The State v. Tke Beards, Appeal from the Tippceanne C. C. - Perkins. J. The r citations in the pieambli if a statute is admissible, and prima facie, but not conclusive evidence. Where the ending clan es of a statute aie plain, we do , not refer to the preamble in construing them. The act for the relief of the Braids passed in 1843, required the cvniuui-4:er appointed under it, and. by consequence, the cuuit, on appeal, to be governed, io adjudicating upon their clai n agaii.st the Slate, by all the rules of law and evidence applicable in ca-es between parties generally, in courts of law. The e .ntrsct of the Beards for the construction of section 5 or tbe W. & E. canal, west of Lafayette, made in 1839,' baring been forfeited by ihe defaults of the parlies as to ', pei form a nee, hwg b fore they aetuallj- constructed aaid auction or any pait of it, there could be no recovery for the subsequent coostiuctiun of the same, upon said contract 5 but as to the compensation for such construction, they would stand on no beiier footing than tbe contractors under tbe ad of S42, providing for Ihe completion of said canal, and would be bound to iccvive tbeir pay in canal scrip. No officer od the canal bad power to make representations, binding upon the State, to the conti aciois.aud tbia tbe Beards were bound to know. The State can make a contract to pay io specified articles. Reversed. W. W. Wick aod A. S. White, atl'y a for Sute 1 It. A. Lockwood, att'y tot defis. . . - - Wedsmdav, Nov.28. McFadin . The State. Error to the Posey C. C. No part of the Ohio river below lo water mark is within the boundary of Posey county. The jurisdiction of the circuit courts of the State is limited by the boundaries of tho counties in which they are reapectlully situated. ' . ' The Stale may possess jurisdiction over territory not erected into a county, or attached to any one existing for judicial purposes. Jurisdiction over the river opposite a county does not result as an incident to the jurisdiotion over the land adjoining the stream. The cabling a boat to the shore of a county on said Ohio river, does not ao make it a part of the ahore aa to give tho county court jurisdiction over an offene committed tin said boat while lying out in the stream beyond low water mark. Reversed. A. P. Hovey, attorney lor the plaintiff. . 0'Ntal, attorney for the State. Michael v. Dos ex. dem. Nulling. Error to the Payette C. C. - Smith, J. A conveyance of land, while in adverse poaaeasion, of a party having an uninterrupted chain of Caper title, is void. Af artin Page, 6 Blackford 99; Glarealh v. Doe, b Blackford, 30U Reversed. Remanded for a new trial. Morgan v. 2Vimo. Appeal from the Decatur C. C. Affirmed, with 2 per cent damages. Smoot v. Smith. Error to the Decatur C. C. Affirmed, with 3 per cent damages. Burger v. Bales. Error to the Hendricks C. C. Rterssd. Poison v. Do ex. denu Simpson. Error to tbe Dubois C.C. Pin Com am. Tho transcript of a judgment of a justice of the peace needed not to be recorded, under tbe statuta of 1833, before the issue of a scire faciast where an execution had issaed and been returned "no property found " before tht taking of ths transcript to the circuit court. Reversed. Jtm.net et ml., v. Anderson. Appeal from the Cass C. C. ' PrnCcaust Chaneerv. The bill, stated the complain

ant obtained a judgment agatnt B ,a widow. A C. fa. was

issued on it which wn delivered to the sheriff, wIh levied it on her dower estate. The levy was set aside on ihe ground tbat personal property hnd not first been demanded and that B. had a sufficiency of such property subject to toe execnion to satisfy it ; that the order setting it aside contained a provision however that the execution should be a lein on the personal property ; that tbe sheriff returned the execution with a statement of such order. and that there was not time to maka a new levy; that soon after this return the plaintiff directed the issue of another execution without specifying w hat kind ; that the elerk issued a vendi. exponas, directing the sals of raid dower esiata but that before any sale was made B. died and the vendi. waa returned "no property,' &c. U. died insolvent aod this bill against her dower aeeka the appropriation of the entire assets to tfie payment of the plaintiff's 3d judgment. Held, that the circuit court did right in dismissing the bill. Affirmed. Conteay v. Hays. horror to tho Dearborn C. C. Per Curiam. The record in this case did not show a notice to or appeaunre by defendant. Matson v. Allen.. Error to the Vigo C. C. Per Ccriam. Writ of error l ism t used. Cain v. Foots. 8 Blackford 454. No equity is seen in the bill. Eastwood v. Butl. (Under Sec. 3. p. B63 E. S. 1543J a judgment confessed before a justice af the peace in favor of a brother of the justice of the peace, in replevin ia not void so to as divest ihe lien of so execution leviH on property sold by the judgment defendant to a third person after the delivery ot the execution to the officer. Affirmed. Smith v. Jomesr Appeal from the Marion C C Affirmed, wilh 10 per cent damages. - Dot ex. dem. Morgan v. Woodward. Error to Dearborn C C. (See and take syllabus to (j rimes et al. v. Doe d. Shutr, 8 Blackford 37, as to ejectment by mortgagee.) Doe d. Hann, v. Countryman. Appeal from the Allen C. C. Same point decided. Forkner v. Purl. Error to Wayne C. C. Aßrmed. A syllabus of a lengthy opinion of Judge Blackford omitted for the present. Kail road to Ilm Pacific i.leetin?. On the evening of the 27th inst., according to previous notice, a very large number of gentlemen from various portions of the State, aiet at Wealey Chapel in this city. On motion of Mr. Defrees, (who called the meeting to orderj Gov. Duirsiso was appointed Chairman. On taking the chnir, the Governor briefly notified the meeting that the object in assembling was to hear from Mr. Asa Whitrkt, bis project and plan of a Railroad to the Pacific ocean. On motion of Mr. J. P. Chapman, Judge Fisch was appointed Secretary. Mr. Whits xv, being called upon by the meeting, in a very clear and satisfactory manner stated.. Iiis plan and views for the accomplishment of this work. Alter Mr. Whitney had taken his seat, Mr. Williamsos Wrioht, of Igansport, offered for adoption the following preamble and resolutions : Whereas, Tbe construction of a Railroad to conneo tho Atlantic with the Pacific, in a direct line across ths continent through our own territory, lias become of vital importance. And Whereas, the plan or Mr. Asa Whitsev, of New York, for the construction of such a communication, disembarrasses ihe undertaking from internal and constitutional objections, which otherwise would impede and finally stop the progress of the work; and is in our opinion the only feasible plan by which we can hope for the successful accomplishment of this great work, perhaps for agm to come, therefore Rtsolted, That we highly approve the plan of Mr. I Whitney. for the construction of a Railroad from Lake j Michigan or the Mississippi to the Pacific ocean as an inj dividual enterprise, from a snle t .f the public lands to him ! Tor that purpose, and we earnestly recommend Us adopI tion to Congress. j Resolved, That the Chairman and Secretary of this j menting be, and are hereby requested, to sign and transj rcil a copy of these resolutions to each nf our United States Senator and Member of Congress from this diI tnet, who are hereby r quested to give to this great na. j tionnl measure their prompt co-operation and support, j Resolved, That the Editors of the papers of this city snd of the Slats State generally, be requested to pct 1 lish these resolutions. ; Which were adopted by n voUt indicating the most dec ided and unmistakable approval of Air. Whitney's plan. ' PARIS C. DUNNING, Chairman. r. M. rise h, secretary. For Ihe Stole Sen fine. To trk Editor or the Isdiaha State Jocrsal : 1 notice in your paper of the 23d inst., an article in regard to Telegraph lines in which after noticing some lines which Mr. O'Reilly proposes 10 build, so soon os the necessary arrangements enn be made, you say : We understand that some other company propose to build lines in opposition) to iboae already built. This might be well enough if there was any legal right to do so. According to the existing contracts however between O'Reilly and Morse, O'Reilly has t te exclusive privilege to buUd these linea ; and a violation of this contract would open the way to endless litijsiion." Now so far from this being the fact, Mr. O'Re.iiy never had the right to build thrse lines from Morse or any of the Patentees. The only contract Mr. O'Reilly erer had with the patentees was one in which lie was to use his lest endeavors to raise capital for the eonsirvction of a line cf Morse's Electro Magnetic Telegraph from Philadelphia through Harrisburg, Pittsburgh and Ctncinnaii to St. Louis, and also to the principal towns on the Lakes. Alter stating the' terms opon which Mr. O'Reilly undertook the coniract, it says unless the line from Philadelphia shall be constructed within six months lo Uarriaburgh and capital provided for its construction to Pittsburgh within said time, then this agreement and any conveyance in trust that may have been made in pnrsuance thereof, shall be null and void thereafter. This article of agreement which Mr. O'Reilly claims to give him the exclusive right to build lines of Telegraph from Maine to Georgia and from the Atlantic to the Mississippi was dated at New York, 13th June, 1S40. On the 2d Oct., 1846, Mr. O'Reilly had not even the line from Philadelphia to Ilamsborgb completed, and F. O. J. Smith, one of the patentees, notified him that his contract had long since expired from its limitation ten months having gone by slter Ihe non ful filmen! of said contract, suit has been commenced againsMr. O'Reilly fur extending lhee lines snd hut for the obstacles thrown in the way by Mr. O'Reilly, Ihey would long since have been settled, he having had them pot off al his instance at every season of Ihe court since their institution. A suit indeed! Such a thing from Mr. O'Reilly would be what we would much liko lo see, and I assure him no obstacles would he thrown in the way of its successful prosecution. Surely Mr. Editor you innat have been misinformed, for I do not think yo would make a wilful misrepresentation with the intention cf injuring any. Opinion ol Hon. Tiros. Ewing and Messrs. Swann and Andrews of Ohio, who wrote to F. O. J. Smith thus : Messrs. Swnnn snd Andrews wrote you fully our views of the case. On a full examination of all the voluminous correspondence, and Mr. Kendall's very clear and succinct iterative of matters involved, we are clearly of the opinion, not only that the Law is wilh you, but that the puhlin will be satisfied uot only of your rights as against O'Reilly but or your kindness aud forberawce towards him. Very respectfully yours, T. EWING. Frakcis O. J. Smith, Eso.., Boitor, Mass. With this exposition of facts I leave for the present Mr. O'Reilly and his associates, with their India rubber consciences, to be judged by a discerning public, and I will pursue the even tenor or my way aa though the mountain had not labored. &c. JOHN J. S. LEE. The Tkeabübt Deficit. A letter from New Votk to ihe Ohiiv Statesman eay : I have seldom seen the "tnonied circle" in tlris city more agitated than by the recent titTicia! announcement that there is a deficit of full fifteen millions in ihe revenue for the current year. Stocks of all kind will of course fall in price on account of the fact, can&inqr a Iofs of millions to present holders. . Thie prospective Iofs is sufficient to ceo tint fr the gloom with which ujwt persons interested in the commerce of thi city heard the news. ro one here credits ihe subterfuge that the anticipated deficiency is the result of heretofore unforeseen accounts growing out of the Mexican war. The notorious incompetency of many, very many, of the new office-holders breeding waste of public funds of cursv, and the nornriows wa.it of character of others, in themselves afford a palpable and plain reason for the deficit a reason loo plain to be whütkd awny with the Mexican war excuse. Great Emigration of Squirrel. It is stated in some of the Kentucky papers, that the squirrel have paid another visit to tbat old commonwealth, and are travertin? it in great numbers: "In 1822 Kentucky was visited by thousands and tens of thousands of these little quadrupeds, which c roused the Ohio river and steered due South. They were then little disposed to turn f,r man r do;. Thousands were killed by guns, stones, clubs, and spears fastened lo long r?edi. In 1833 they mado another visit to this State, but in less numbers; tbey crossed the Ohio, aa iu 1822, and pursued the same course. Thousands were again killed by men, boys, and dogs. The sport soon lost its interest, and the unoffending hosts were permitted to pursue their way. We learn that they are now makir.jj a third march across the State.' French Anti-Republicanism. Mazaini's journal, the Italia del Popolo, is now excluded from France. The French aullioriiiee will not allow it to cro-s France for New York. lie (Marxini) trys in his journal, "Let our formula be Oce Master alone, God one law, progress one interpreter of jthe law, the Peopl.w