Indiana State Sentinel, Volume 9, Number 28, Indianapolis, Marion County, 20 December 1849 — Page 3
Haute, in consequence of ihn infringement of their lights. ITJr. Win. J. BrotVII lllld tllC Spcukerod cud in a senous in jury lo the whole upper Wabath I , . ,
1 li uiifc-inl till not having been reported back by the ommillff, l he whole nailer wu tent back lo the commit lee, and no farther proceeding bad on lh subject. The bill zioz the pay of the membeis of the Legislature at three dollar per day and Ihre dollar for every 2- milra travel, a milage, wnhoul limiting lh tint of laid eoropenatiow to ix wee k, was lead a second time ; tnd, oo tnutioa of Mr Mickle, laid on the tablet aye 75, noes 20. The till in relation to roads and highway in Bartholomew county was ted a third time and pa ed. The bill providing far the payment of the three percent, fand due Indiana, and withhelJ qy lb general government, oat of any money, in the State treasury, war lead a second time and cefened to the committee of ways and ineans. The bill for the benefit of the Central plank road company wai read seeond and third lime and pasted. The bill limiting the period of commencing mit onvr-i-cial bond to fix yeais, wa read a ecuiid lime and indtfiDitely postponed. 1 ne i'iii m autnoiizr imam mcixiwcn io ntci i nun dam across the Wabash liver, was lead a tecond and third i ft . i . . m:n! . I - r . I . . . : 1 1 I time and paied The bill to lepeal ibe 61t section of the act giving the public woik to private companies, which section authuiies county buaid to tubsoibe stock, was read a second time and oidetfd lo be engrossed. The bill regulating the pay of the Probate Judge of Vanderburgh county waa read a second lime; wben Mr. Murray moved that the additional dollar per day to be paid aaid judge, be paid oat of the county treasury. The amendment waa not adopted ; yea 4.5, nay 45. Mr. Chandler moved to insert the county of Warren. Mr. Murray moved to commit the bill, with instruction to make the law general. Mr. Allen moved to postpone until the lit of February, 1850. Mr. Grave moved to lay on the table ; which motion prevailed. - The joint resolution authorizing the sa'e of the interest of the State in the Whitewater Canal, wa read a second time; and on motion of Mr. Elder, laid on the table. On motion, the House adjourned. 3nötana State Sentinel. C1CB9AL VIOILAKCE IS THE rBICE OF LIBCBTT. INDIANAPOLIS. DCCElDCIt 31. 184. Our Terms. The fallowing will hereafter be thepermanfrtf terms of the Wtek'y Indiana State Sentinel: (7" Payments to be made always in advance. One copy, one year, $2.00 Three copies, one year,--- 5.00 One copy during the session, ........50 Semi-Wceklr. (Published three times a week during the session.) One copy, .--$4 00 J Three copies, 10.00 One copy during the session, 1.U0 Telegraphed for the Indiana Slate Sentinel. Congressional- , Washington,. Dec. 18. SENATE. On motion of Mr. Mangum. the Senate proceeded to ballot for Chairmen of Standing Committees. For eign relations. King ; Claim?, Norris r Revolutionary claims, Walker ; Judiciary, Butler ; Post Roads, Rusk; Territories, Douelass; Military, Houston; Navy Affairs, Yulee : Public Lands, Fclch ; Private Land claims, Downs; Indian affairs, Atchison; Fi nance, Dickinson ; Commerce, Hamlin ; Manufae tures, Sebastian; Agriculture, Sturgeon; Military affair?, Davis; Road and Canals, Bright; Dist. Co lumbia, Maon; Public Buildings, Hunter ; Contin gent expenses Senate, Podge and Bradbury; Library l'earte ; Enrolled bills, Rusk ; Engrossed bills, Jones; Printing, Borland. Previous to balloting, Mr. Clay asked indulgence of the Senate to be ex cused from serving on any committee. He said there was no danger of his election as chairman of any committee (laughter,) but even if that honor was conferred up on him. be must beg leave to decline. On motion of Mr. Dickinson to fill committees, postponed till to morrow. Senate adjourned. HOUSE. Several propositions and resolutions were introduced, but giving rise to discussion, were laid on the table. The House proceeded to vote for Speaker. 52d ballot Winthrop, 95; Boyd, 60; McClernand, 15; Potter, 11; Cobb, 7; Disney. 9; Morehead, 4; Julian, 5; scattering.il. 53d ballot Winthrop, 92; Boyd, 59; McClernand, IS; Totter, 10; Cobb, 8; Disney, 9; Morehead, 4; Julian, 7; scattering 11. 54th ballot Winthrop, 92; Boyd, 01; McClernand, 13; Cobb, 11; Disney, 9; Morehead, 5; scattering, 22. 55th ballot Winthrop, 97; Boyd, 47; McClernand, 23; Cobb, 10; Disney, 4; Julian, 4; Strong, 16; scat tering, 22. No choice. Mr. Bailey read a writen explanation of the difficulty between Meade and Duer apologizing for the recent political controversy on the floor. The difficulty was adjusted, and the House adjourned at quarter past three. Constitutional Convention. The State Journal cf Tuesday contains an article on this subject, in which objection is made to the Senatorial basis, under the existing apportionment law, upon which it has been proposed to tx the representation in the Convention for the revision of the Constitution The Journal parades a formidable list of figures, but only a few arguments. We know not how accurate the figures of the Journal may be, but we are well assured of one thing, and that is, that no new apportionment could possibly be made, which wool be free from the rime objections a to inequality. The very influences and necessities which made the existing apportionment unequal in some instances, will continue to prevail. No man wouhj agree, for instance, to cut up tht counties, so as to create districts uithout regard lit county lnmndarie. And while the small counties outnumber the large ones, we must expect that, by a combination of their representatives, they will gain some advsntsge in any apportionment. This is perfectly natural, and cannot be avoided. Or, if to be avoided at all, it can be only in one way, and that is a way which the State Journal and its friends will not be apt to agree to. We mean, to elect the whole number of delegates by general ticket. In that w sy only can the votes of the whole nia?s of tbe population Lave a perfectly equal weight and bearing. This would give us a Convention of all Democrats, or all Whigs, and we imagine our neighbor would consider auch a result a greater evil than the one of unequal" representation which he deprecates. No great complaint has heretofore- been made against the procnt apportionment, as- the General Assembly is affected. That law was made by the totes of both -rnrtie, and. if any thing, the advan tsge is on the side of the Whigs, and not or that of the Democrats. It is impossible to arrive at any per-1 feet system, especially while our population i continually fluctnatinj and increasing. The legislature may devote a month's time to the subject, and we very much doubt if, after all, they could much if any improve the proposition of tue Senate Gmmittee. To district the State anew, for the election of delegates alone, while the M law remains for Senators and Representatives, might create fatal confusion on the day of election, especially if the Delegates, Senators and Representatives should all le voted for on the same day. This last consideration is enough to settle the question. The Si.aveky Question. The N. O. Ticayune says that Senators Foote of Mississippi, Mangum of N. C, and T. L. Clingman f the. House of Repre entatives from N. C, are preparing A great Com promise bill" to settle the Slavery question. The same paper siatea that it will be sustained by Messrs. Clay, Eenton, and Calhoun. It will provide for the establishment of territorial governments on the desert north and south of California, and makes two States of Texas. It alio provides fir the appointment of a commiiion to decidf the Texas boundary question.
ship.
We copy the following articles from tlie Washing, ton Union of Doc. 13. The same paper contain f.ur columns of proceedings in the House, upon the same subject. We shall endeavor soon lo dpy these proceedings, so tbnt Mr. Brown may be placed right, before hi constituent. From tht Union. JVo Speaker yet! We leave it tt our reporter t sketch the scenes which were exhibited on the floor of the House yesterday. We had expected that a democratic Sponker would be elected, end that Mr. William J. Brown of Indiana, was destined to that unenviable honor. The cimin!iK?ement of the ballot w hich was taken immediately on the meeting of the IIoiko wu calcu- . j. c .1 - - i . i la,ed. lo confirm these- im previous ; but three of the southern members, (Messrs. Bocvck and Seddon of Virginia, and Wallace of South Carolina,) who had voted f r him on Tuesday, threw their votes n this occasion, so as to defeat an election. Mr. Brown's vote amounted to 112 114 being the majority of the whole so that he wanted only two votes of" being elected. Mr. Cobb, of Alabnma, had voted for him. Mr. Holmes of South Carolina, voted for Mr. Uwtlon. Mr. Brown received the vote of at least five free-soilers, viz: Messrs. Allen, Durkee, Giddings, Preston King, and Wilmot. Thr threo votes of the southern members, however, defeated the election. A scene then look place in the hall which almost hafil-s description. We tnut refer to our reporter for the proceeding. Mr. Ashmun, of Massachusetts, (au abolition whig,) was the first to address inquiries to the democratic side of the Houe as to any correspondence which had passed between the freesoilers and Mr. Brown, which finally drew from Mr. Brown a long explanation of the position he had oc cupied, and also the production of the letter which he tad addressed to ilr. Wilmot. He concluded by thanking the House for the support which they had given to him, and withdrawing his name from the canvass. The letter which produced so much feelitig in the House, will speak for itself. It surprised many and deeply mortified his former friends; and many of the southern members rose to clear the skirts of his southern supporters of the vote which they had just given to him, and declared that if they could have suspected in the slightest degree his pursuing such a course, thev would never have cast their votes for htm. Messrs. Robinson and Dunham, of Indiana, rose to explain his letter and defend his course. This is not the time, amid the "hurly-burly" of the passing scene, to review all the incidents of this extraordinary transaction. We spoke yesterday of Mr. Brown being "admirably calculated to discharge the duties of the Chair." We deeply regret, and sincerely disapprove, the position in which he has placed himself. V c had hoped to hail him as the peaker of the House. We had regarded him as a politician who was perfectly satisfactory to the South ; and yet so fair in his principles, and so firm in his course, that he would, as a citizen of the whole country, as attached t the Union, and to all her great interests, do full justice, in the designation of the committees and in the m'ministration of the pow ers of the Chair, to all parts of the nation, and to every member. His election is now entirely out of the question, and the democratic party must look for some other candidate to fill the Chair. The whig considered themselves fully defeated when the ballot tonk place. They were thrown into glorious confusion. Their votes were scattered in all directions. And the tender mut therefore conceive with' what delight thev received ti.ese revela tions', and how much they chuck led over the effects which were displayed in the ranks of the republican party. We are not accustomed, however, to "despair of the republic." The democratic party are fortunately not wanting in strong and able leaders to conduct them to victory ; and it is to bo hoped they will yet rally upon oine democrat who will succeed in reaching the Chair. After much debate, and without proceeding to another ballot, the House adjourned in much excitement, at an early hour. A Curd. Tb the Editor m of the Union : Having spoken to-day in the House under much excitement, and, in the confusion which prevailed, presuming no correct report of my remarks will be furnished, I ask, in justice to myself, that you publish this communication. After I had received 53 votes for Speaker, on Monday last, and after the House had adjourned. 1 was sent for to go to the room of a member. When I arrived there, I learned that it was for the purpose of having a conference with Mr. Wilmot, of Pennsylvania, who soon after came into the room. He informed me that they were satisfied with the position of Mr. Potter, of Ohio, and had been ready to vote for him, if the time had arrived when their votes would hire made a choice; that they were willing to vote for me if I would agree to give them fair committees on the District of Columbia, the Judicia ry, and on Territories ; that neither himself nor the eentleman from New York, (Mr. P. Kin.) desired to be upon these committees ; that all he and his friends asked was, that the ablest men of the differ- , . - . TT . . . , eot parties, and both section of the Union, miht be elected; but they aked that they should be impartial and unprejudiced upon the question of slavery ; mat tneir tears were, in it i nugnt t constitute these committees as to stifle what he regarded as the public sentiment, oi a majority or tne country, i stated to him, in reply, that I regarded his request as reasona ble, and that, if elected, I should constitute these committees of fair ai.d impartial men ; that whatever might be my views upon tny and all questions, I would not ue my power as Speaker in such manner as-to prevent any important question from bein fully presented and discussed in jhe House. Mr. Wilmot appeared r-atisfied, and left me. fu a hört time I received from him the following note : December 10. 1843. Dear Sin : In the conversation which I had with you Lnj. evening, yon were frr in ay that if elected Speaker f the House of Representative you would constitute :e Committee on 1 erntorie, the Judiciary, and the District of Columbia, in a manner that should be satisfactory to myself and the Iiiend with whom I have had the hon or to act. I have communicated thia to my friend; and if. In reply to this note, you can give them the same asurance, ihcy will give you a cheerlul and cordial support. Respectfully, yours, D. WILMOT. Don, Wat. J. Urow . I knew the reason why I was interroga-ted. I had always been regarded aa 'entertaining feelings more friendly to the South than a mnjority of the representatives from the North. As a member of the 28th Congress I had advocated the application of the Missouri compromise to tbe Texas bill, and bad voted against the application of the ordinance to the Oregon bill, because it was north of that line. For four years I had been Assistant Postmaster General, and had neither voted at an election nor been a member of Congress, aud had no opportunity of recording my vote upon these exciting questions. I did not, therefore, object to placing my verbal declarations upon record. I immediately addressed to Mr. Wilmot tbe following note : Waihiscto- Citt, Dec. 10, 1849. Dear Sir: In answer to yours of this date, I will state thai, abould I be -elected Speaker of the House of Representative, I will constitute the Committees on the District of Uiilumbis, on Territories, and on the Judiciary, in such a manner aa shall be satisfactory to yourself sod friends. I am a representative from a free Slate, and have alwaya been opposed to the extension ol slavery, and believe that the lederal tovernment should be relieved from the responsibility of alavery where tbey have the constitutional power to abolish it. I am yours, truly, W. J. BROWN. Hon. David Wilmot. If had been elected, I feel confident that I should have organized these committees in such a manner as no southern man, whig or democrat, would have complained tif. I intended to constitute them of fair and impartial men, who wo-jld have thoroughly investigated and reported upon all constitutional questions, without regard to sectioni l or party bias. I was intcrrogn'ed by a nnmber of southern men, to all of whom said tliat I was opposed to the Wilmot Proviso. I was a friend and supjorler of Gen. Cass, and in my canvas for Congress was opposed by a Wilmot Proviso whig of the Taylor school. I was called a Calhoun southern man advocated the doc trines of the Cas Nicholson letter, with the excep- . tion of his views ss to the constitutional power of Congress to legislate for the Territories. That power 1 have never doubted Congress possessed. But I wai in favor of leaving the question of the institution of slavery to be settled ty the people who might inhabit the territories-. In other, words, I was for non-interference. Rut whilst these were my views, and whilst I was willing to let the people determine
this question for themselves-, under no consideration could I vote for a territorial bill having in it a provi- : sion to establish the institution of ßlavery. I have repeatedly raid that, although I deemed the Proviso . nn unnecessary and useless, I should have no ibj c- j tioil to Sec a bill. With its provisions, presented to. ; Trl.. f.. 1.; :..., . ,i m ,, ten. I ay lor Tor his signature, as at the North he has been regarded as favoring the measure, and at the R.-tl. .,.,lun,l I ...t.,,1 1 I ., fcoutn opposed lo it. 1 stated to several southern gent lemon that tny mind Was not clear SS to the Conti-
tut.onal power to abolish slavery in the District of t Columbia. 1 was auxiou, if that question was to j be agitated this winter, that a report ntitht be made I rout an able committee of legal gentlemen. Mr. Vn Buren believed that Congress pissesed that power, and yet ihe S uth voted for him. 1 have always taken the oneu cronnrl that Cotiirreti should not in. I ' c ----- - -e- - jWfere with the institution of slavery in the District ! of (Joluttinia without the consent of the inhabitants. :If Congress pooiiesses the power to ab dish slavery in 'the District, and the people co.isent, no one sIionM j object. The qntion of the jwer of Congress is a judicial, and not a legislative quellen. In writing this letter I have committed an error, but I have made no declaration to theie men in relation to the com mit tees, except that they fhould be fairly consti tuted. I nude no declaration to southern men or to northern men but what shall be fully sustained by my votes, if 1 have an opportunity before Congress ad journs. 1 have been consistent, and my future con duct shall prove it. I desire to see the Hoüse organ. i zed, and am ready to vote for any democrat without inquiring whether he lives in the North or South whether he is for or against the Proviso. sOue thing our southern democratic friends should rememberthat in the North the sentiment against th extension l slavery is almost universal : and if we are re quired to become the advocates of its extension, our places will be filled with whigs. In this correspondence I consulted none of my friends. I alone am responsible. I made no pledges to any one. My letter was founded on the verbal conversation with Mr. Wilmot, which is fully sustained by his speech. W. J. BROWN. Washington, Dec. 12, 1849. fjcThe State Journal, of yesterday, is extraordi narily severe upon Mr. W. J. Brown, the representa tive to Congress from this district. If Mr. B. were at home, the Journal, perhaps, would talk a little more mildly ! It would have looked better, if the Journal had awaited Mr. Brown's explanation. Our neighbor may think it an advantage to bis party, to brand Mr. B. with a stain of personal dishonor; but he should remember that Ike reputation of the Slate may suffer in the damnation of her representative Wo regard the matter as altogether superior to any party or personal consideration. Our rule of action ban always been, and we trust always will be, the State fint, and party next : parly, only when the interests and honor of the State may be thereby sub served, which we believe will always be the result under honest democratic rule : partisanship no Ion ger, when men forget the higher obligations due the State, and when they evince a willingness to become recreant to those obligations, for the soke of personal advantages to themselves Under this rule, how can we help condemning the Journal's hnsty denunciation of Mr. Brown, not only for present alleged miscon duct, but for imaginary past offences, upon which the people have passed their judgment in his favor 1 Mr. Brown may have been a little imprudent in relation j to the Speakership, but that he is any mors corrupt than moat member of Congress, we are inclined to doubt very much indeed. We l.ave thought, that by thus condemning Mr. B. on telegraphic testimony alone, the true design of the Journal might be, to play the game into the hands of the ultra Southern men. Whether this be so or not, others entertain a different view of Mr. B's. course. The New Albany Ledger of the 15th inst. takes the following ground : 'The telegraphic report published yesterday shows that but one ballot for Speaker was taken on Wed nesday, when the Hon. William J. Brown, of this Ctt.tn rAAAiooil 1t? ttnlad l.i.1rinir nnlv la'n Pi k'lMI, IVVVIIVU AA . . I - , lUVnill, VIII I rwv V I r ii . i . ,i , '., .-i an election. It would appear, also, that some kind of a correspondence had taken place between ilr. n i ...i.;u :.t..,t of the latter to Vote for him. As it is evident! . r sicc-sn.iicin, niiii.il im.uvcu
that no person can be elected without the joint cotCUrrcnce Of Some tWO parties, WC can See nothing, fendaut'a wife in the County Pour House. Wrong in this. Mr. Brown is a northern man, and The hird eoa.it wa. the .ame. with the additional averment that .,,. - .. .. the defendant neglected ami refused to provide for her. allnotich by ll means a tree-SOller, his opinions in Both these counts are als bad. Wheua person ia placed in the Opposition tO Slavery are well known. Nor Can We j Poor House by the Overseers of the poor, as in this case, it win be rr . ,. 7- . ,, e -l presumed in the absence of proof to the contrary, that such person See any great objection to allowing the free-SOll party jias placed there a. a pauper ; ami if not a proper subject lor the the opportunity of havinc their Views prer-ented tO ' poor house, tbe aet of placing an individual there was uiianthorixcd, O . . , . ?t L.i i e I and the commissioner could not sue for maintenance, ngress and the couutry ihrouph the medium of com- The ,.rw,uioii made ibr the poor of the state is a charity which
mitteCS. The insiorit V of a ls?islatl VC DodV are not compelled to endor the report or the sentiments of a committee. Doubtless this was Mr. Brown's view ; of the case and we regret that he saw proper I ! withdraw Ins name from the candidacy, although it is 'probable that the extreme sensitiveness of some of i . .. , .ii-i i the southern members would nave prevented his elec -
tin. Where this contest is to end we know not, but I plaintiff, namely. "Ail the bravery you evtr showed was in sleep- j i f r the pood of tho country it is to be hoped ttotjg
i some arrangement will De made oy wnicii an organii zation may be effected, and the legislative business, of line session gone on wun. fj-Juet as our paper was goinrf to press last night we received a communication from Mr. Wm. J. EroAi, vindicating himself from the charges recently made against him. We shall publish it in our next. Pacific Railroad. The Boston Post says that many of the most "influential and respectable" men have signed a petition to Congress for a charter to j build this road on the plan of Mr, Degrand $2,000, 0(O private and $93.fjfj0.000 national subscription and that the petition is to be generally circulated. The impudence of this proposition is really magnifi' cent. We should like to look into the faces of the men who originated so splendid a swindle. We have called Whitney the Railroad Napoleon : tliese Boston gentle men sre of the Monroe Edwards class of operators. Mr. Walh, in one of his late letters from Paris, eays : "A sensation, and qqite a flattering one, has been produced on both hides of the Channel by the proceedings of the American Convention for the Atlantic and Pacific Railroad. Europe begins to believe that nothing is impossible for the American people." Tne Treaty: between the United States and the Sakdwicu Islands, brought out for ratification by Dr. Judd, Commissioner to His Hawaiian Majesty, conu'ns some new provisions in relation to commercial intercourse between the United States and the Sandwich Inlands. These provisions are of the most liberal character; the duties imposed upon all articles (except liquors) exported from the United States to the Sandwich Inlands, for instance, being merely nominal. Provision is made, it is said, for the encouragement of a line of steamers between the United States ports and the East Indies, which if it ever be established, aa we doubt not ere lotijj it will, the importance of the Sandwich Islands, as an intermediate stopping place, in such an event can hardly be over estimated. It seems that Anthony J. Ten Eyck. our late Commissioner to the Sandwich Islands, did not resign, but was dismissed by His Hawaiian Majesty for reasons which are not distinctly stated as yet. Oy-The Levee at the Governor's house on Tues day night went off in fine Myl. A large crowd was present, a perfect jam of gentlemen, and some beautiful and talented, and best dress ladies in town. Every body seems highly gratified, and learn't if they did not know it before, that Gov. Wright is as active in hospitality as he is very well known to be in poli tics. Similar re-uniont will take place every Tues day night. PopcLiTioa or Tixis. The Stats cenaus shows while population of 115,501, and a colored population ' 24,855. The who! number of voters in this population stated si 25,393.
SL'I'REJIO COURT OF November Term, 1819. atrjBTCD fob the state catisel av a. o roarea, n.terktu, . FukU. Error to the Ca. C. C. Smith J. heeourt sees no objection to Ute eau action in this ease. The plaintiff in error made no motion ia the Circuit Court to ,.',1, eaw, rr theat of a .uffi.ie.t eaWraetio The defendant in error oa. the plaint, ff before the Ju.Ocp, erejuut;wem rendered in law of Waterhoute, for K9.99. Onappeal ,icklr binrl jMafmeil, forE,.oo,ot which be remitted 84.; hrrmpn the circuit eonrt rendered Jixlimein in hi favor for
Sy 47, R. S. IS4J. AJirmti. W. Wright, art'y 1-r p'ff; D. D. Pratr, tor deft. lmmtl Moor . Hoppinf tt ml. Error to the Jack C. C. Per Curiam In thii eae the scire facia and imlrnient arc ia the name of Ireland, the anirnee of the oriental luclrinent iilaiiiufl". This i erroneou. Neither the mnua law nor the .mate au thorizes the aienntent of judrmcut, o as lo entitle he aMime to proceed at Uw for the eolleeuon in hi own name. Rixiznti. H. r. I borntnn. fur irff. Ooriom wt. Miller. Error to the Tippecanoe C. C. Fr Carte. In tili eac it ac nrored that the aubaeribiue; itDrr to I he bond declared ujxiu (to which the defend.n. pleaded lion et lactam.) had been for tear re.Uleiits of the Stale of I'rnn ly'vania , and at the lal iulrllirenct from I hem, being aome flfleen mooh before the tn.l, were tili r.-nu-ni or aaiu Btatr,aint H not beii.-g ihowii that i hey eerr had a residence rlxrwbere, a preumpUon wa raised that thcr were tili reidHlof Pennsylvania, and a prima facia eaor for proof ot the hand wntinrwa made out. affirmed. O. S. Orth, ait'y for pl'rT; R. C. Greeory lor deft. otu Brown, r.rrur to the I ippecanoe l . t,. Ftr Curium. Indictment arait the defendant for aettnr a ri der in a horse race in "I innceanoc cowntT. 1 he only objection made to the indictment m that me termiui oi the hiehway on Iura the race a run were not suited. 1 hat on. jection 1. not tenable; is' The 8'te ... Burrrit, at the present term, tiattrts. 1. vt aiiace ana r. r. ue lor pi n. Tht Slatt u rtl. c r. Aeo $t ml Appeal from the Vander bsjrrhC.C. PaaatitsJ. Sheriff and eon labte, are to be held to ordinary diliRnee in me care of property seized by them on raeeotion ; but it is not mate rial whether ibis dilireiice is exercised hytbcm personalty, or ny oiDer actinr under their authority; ana they may make tne eicct lion artend. nt tneir .rent tor the care ana sale krepiM ot tne pro perty, being; responsible tor tne same degree or oiligeuce m nun as is reo aired of themselves. w here umnrrtr take in eiecution hat been lost or destroyed an der such circumstances as will excuse the ofiicer, it is proper for him to make his return accordingly as a reason for not acllixr; tne property to make the money. Jljinutd. LUndcmn vt . trailer. Ltror to the Uran re C.C. UlacetoRD j. T be Act ot 1MJ. relative to the New Albany and Vineenne road, provided that the cert if ca Irs fo.ned by the Superintendent, ander that act, should be paid in tolls from the road, and all money not otherwise appropriated in aaid act, accruing front said road, was thereby nledced lor the redemotioii of the same. Iftli, That thia amounted niy to a promi, on the part of the Bute, that the certificates which should subsequently iue ander the law, should be paid out ot the neti amount of the tolls on sain mad, that should afterward accrue If this promise was broken by the Stale, the holders of the eertiS eates have no lemedy at lawvr in chancery, for the State cannot be suet! by an individual unless aatbori.cd by a sprcial statute. The Stiprriniendenl cannot be liable, un a promise not made by himsrir, but by the Mate lor which he is the agent. Jtjirmr. TuUeu et ul. ti. Tkt SiaU. Appeal from the Floyd C. C. Pea Eins J. Wben the officers ot a earporatioo are, by the charter, elected for a term, and until i heir successors are elected and qualified, such officer may continue to exercise thrir offices afier the expiration of the term, until superseded by Uic election or other persons in their place. The tenure of tbe office of a School Commisioner is to be determined by the same rule, where like word are used in the statute creatine; the ofilce. The Li of 1831, ptovided that a School Comrais.ioneT should bold his office for tbe term of three years, and antil hi successor was elected aud qualified. But the Act ol 18 W, (Laws 1 833, p 78,) contained no auch provision in favor of School Commissioners elected under the Law of 1831: therefore such officer, after the enact men t of tbe I .aw of 1333, could not legally hold his ollice beyond the term lor which he was elect ed. Untried. Bouter vt. Tkt Statt. Error to the Madison C. C. Jtjirmed. Bouter vt. 7 hi Statt. Two cater. Error to the Madison C.C. Rroertd. SAsr&'v vs. MilUr. A iMMral from the Delaware C . C. Pea Kin J, '1 his was an actio ou the case fur slander and malicious prosecution. A plea of justification ill an action of slander, mut be proved beyond a reasonable doubt. Ttie Court below instructed the jury, that the tVintr of a plea oi jiMtifteatiou, where a;iy evidence was givrn under it, was not of itself a fsct that should aggravate the danaei. Hrli, That thia in struction did not ro tar rnours : the hluiir ufa tk ol justiacanoii should not aggravate tbe damages, even though no evidence be riven under it. Tbe Court was aked lo instruct the Jury that if they Uiought the evidence adduced by the defendant not entirely sufficient tu eitab lish tbe pica of justification, yet, if it showed that the defendant had reason to Utliere, I rum the conduct of the plaintiff, that the charge was true, such evidence might he giten in evidence ui miu ration ol damairvs. nis Instruction should nave hern riven (vide tsyraet vs. nioiianou. o tuacKioru sj,j ana it snouia nave oeen applied to the count for malicious prosecution as well as tbat for laiuler. 'Ibe repetition of the slanderous words by the defendant, after suit is commenced, cs imol be given in evidence to aggravate the damages, much less could a repetition of them by the defendantl counsel before the jury and audience betaken into Consideration ny the jury lor tbat purpose. The Court intimate no opinion as to whether tbe repetition of the slander by the Attorney could be riven ia evidence, or in any manner noticed, as tending to prove malice on the part of bis client. RertrtrJ. KeUep , AdrnW., fc, vs. tftddtlL Error to the Jackson Probate Court. !?aiTH J. Ou the petit ion of Keltey, administrator de bonis non, Weddel!, a tor roe r administrator of the same estate, wa cited to appear before the Probate Court and render an account ander oath for the asers which came to hi band, fee. Upon accounting, the Court found a balance due t Weddell fiom the estate, and passed an order requiring the administrator de bonis non lo pay the same out of the asset, of the estate ; and at a subsequent trrra an order was passed directing Kelley to ansign to Weddell judgments belonging to said estate, in discharge of said first order. Held, That both order were erroneous; the statute under which thent pooceeding were had, tbv estate to the ffirmer. UttotrttA. I ( , " - ! Tht Beatd af Communonert cf Spitzet lend Ccaxy es. ILlietxud ; Errur , ,h-'itaeriand c.c. PaaamsJ. Assumpsit by plaintiff! iu error. n The declaration contains three counts. The first for board and j loosing furnished to defendants wife, This count i bad. The Board of County Commissioners cannot the public is bound to bestow. No authority is riven by law to the !. :7.ua,,ra.eou,,,y w M,e-M im tot ,he 'upport ef j MUHten . sf f. Appeal from the Pulaski C. c. UrT I an unmarried woman, and one of the sisters of Jesae Miiiison. 11 tnea ,,1IeSe'.'h',tK.th!! ief!?d?n' in . ,u Pca of dJvers person spoke and published the following fa.se, slanderous and mal ucious words addread to Jesse sniiison of and concemin iba piainu.i; ana so tue person present understood th defeudant to mean and insinuate. Held, tuat tho word, charred to have hern poken by the cieterdant, w ithout other extrinsic facts than those set forth in said count, were not actional. le. The second count states a certain other conversation between tb defendant and aaid Jease, in the hearing of divers persona, in which the said Jesse said to the defendant, "All the bravery yon ever showed wa in whipping your wife," In reply, the defendant spoke of and concerning said Jesse and the pl.-iintirT these false, slandeioua and mali.-ious words, namely, All the bravery you ever showed wss in sleeping w ith your sisters, (meaning the plaintiT.) To tbe last remark the said Jesse replied, " I say no thing but what I can prove;" and the defendant answered, " Neither do 1 ;" there' y meaning to insinuate and bave Ii understood by raid Jesse and the other persons pre sent, that said Jesse had been guilty of seual intercourse with th plain ti3" : and Uiat Ilia defendant could prove it; and so aaid Jesse and said other persons understood tbe delendutit. Held, that said count was orlrtioatle for not averring ibat tbe plaintiff was a sister of JesseMillison. IMd, also, that the words, no extrinsic fact being al.e-ed in said count, were not artiov able. Jtikrmtd. Milltr v. Elliott. Error to the Franklin C. C. bLAcaroaD, J. To a declaration in art action of covenant, a pica alleging tbat the defendant had not Vrkn Iiis said covenant in manner anu iura tne planum nail aoove aeciarea against mm, conciuuing to tne country, is soon on general demurrer. The State v. Scott, et al., 8 BlackC 2G3. To a declaration in covenant nnoa a bond, a plea statin tbat the bond wu executed under a mistaken impression f its le-al effect, made on th defendant's mind hy tbe plainlilf, is bad. Russell et al. v. Branham et. al. 8 Blackf. 377. A Jeiendsnt cannot be allowed lo contradict the statement ia his own bond. Iteis estopped by the bond from pleading such conliadictory matter ; and it the matter of estoppel appear upon the lace of tb declaration, the plaintiS may take advantage of It on demurrer to the defendant's plea. An obligation by deed cannot oe discharged witnout deed, br parol license. to a declaration in covenant upon a bon i w nereoy the attend ant bound himself not to practice medicine within certain limit, and In case of a breacn of hi oblic ation in that behalf to pay to the plaintiff 10U0 dollars aa liquidated damages, a plea alleging that the bond was not understood by the parties as obliging the defendant, in case of a breach, to pay 1000 dollars as liquidated damages ; and that th plaintiff had not been damnified by the defendant's practica of medicine, ia bad. The aeiendant in mis case agreed, lor a vaiuanie consideration, that If he should, after a specified time, practice medicine, i.e., wltb in certs in limits, the nlamtift should recover ol Dim looti dol lars as liquidated damages. Held, that there was nothing in the case to show that the parties did not Intend what they so clearly expressed. See Green v. Price, 13 Mee. tt Welsb. 693; Sainter arguson, hnr. r,ourt or Common fleas. April itHU. 7 new York Legal Obs. 19S; Hamilton v. Overton et at., Blackf. 206. Reverted. Al!irAast mud rTift p. Calttrt. Error to the Madiso C. C. Bt-araroBD. J Accordinz to the statute of 1838, the widow of any decedent was enutled to dower in the land to whb-h her husband had, during the coverture, the legal titla, and also In th land to which tbe hnshand was, at the tima of bis death, equitably entitled. And the hushand was to lie considered equitably entitled to any real property for which he bid contracted, in proportion to tbe purchase money paid in bis lit time. Revised Statute 1838, p. 2 JO. The word legal titla," In the statute, mean a title by which the husband had such a seisin of tbe land as, previously to the statute, entitled the wife to dower. While thia statute was In lor ce, the owner of a town lot conveyed it to a married purchaser, and the purchaser executed on the same day a mortfege to tbe grantor to secure the payment of a part ol the purchase-money, without bis wife being a party to tbe mortgage. The mortfigor afterward died, leaving hi wife surviving Mm, and the mortgage hari-.ig been assigned, the assignee, after the denlh of the mortgagor, obtained a decree of fore closure en th mortga-e, under which decree the land was sold to th assignee for Its. than the balance of the purchase-money due and secured by the mortgage. Held, that this was a case where the seisin of tbe purchaser was not sufficient to entitle the wife to dower against the mortgage. Held, also, that as the mortga-or, at tbe time of his death, had an equity of redemntiou ia the lot, his widow was, under ibe statute al least, entitled to dower out oi that interest ; but that by th foreclosure of the mortgage, without in wftow or any otner person reaeeming to iimi cgm was lost. Held, also, tbat if the M had been sold for more than, the mortraa debt, tbe widow would hav been snlieled to dower ia th surplus; but o tbe sale wss less thon the debt, her Claim to do war wa at an end. Jijflrmt. Detern dem Ilaint at f. as. Smith. Krror to the Yertoillion C.C 8HTal, j. '1 he Probate Coutl of this btate are Courts of record, and of general Jurisdiction, and by the act under which ihey weie urranized. in the exercise ol the jurisdiction granted in them, they are invested with tne iueidenlal power of rouitv. liter courts of law ane A court of general jurisdiction the Probate Courts had. by the an n-i-ulaiin? the u me i ice in suits al la -v." snnrovrd January vi, 18 J I, and uie act ameuuatory increw, aipiucw rrwwr . tall, taken ken together, (see R. 8. 1M1, p. J'", and LAW )jj, p. u. . 10,) jurisdiction in decree a partition of teal estate ia the cares provided for by the Statute ot 1SJ1. Under the Statute of Ml, an avt-rnw-nf, by the petitioner. Iu a petition tin paumvtl .1 1 . I civil, ,ii n , iv," " ....... person named, weie the owners oi several tract of rial twtate, ( I
scribed in the petition,) sitnated la a certain township and ranre, without designating in terms the county aud state in which they were situated, and that be desired to bare partition thereof, wa sufficient in substance to invest tbe court with jurisdiction, to order the partition applied for; and it will be presumed, after drer-e, tbat auy detect tu the description a lo the oty and .täte in which the land was situated, or of tbe particular part of a Cjuartrr-seciit n, was supplied by the proof, where the county and state in which Ibe land was situated and the particular part of such quarter-.ret ion are set out on the order-book in the prefsce or introductory part ot the order cf the court directing the partition to be made. Where persons, wb-f are not named in a petition tor partition a defendants thereto, are mentioned as och on the order-book of tbe
court in tbe tutroduetiiry oart ol the courts decree which protcsses lo set out the stibstanc. of the petition upon which the application for partition it founded, they will be presumed to have been properly made dt ft ndaiit. to the partition. Where the ircord .tales that there was satisfactory evidence of the due service of piocess or publication of notice against defendants, it will be presumed that the rtt)uiiie irrp were taken to bring the parties within Ihe jurisdiction of the court A party entitled to an intere-t in ml estate by virtue of hi wife's seisin in fee if an undivided portion thereof, who falsely represents in a petition for partiti'm of real esiaie that he is one of the proprietors in fee of such portion, obtains a decree for the sale in fee of the real estate byvirine of such false representation and receives the share ol the on re "tax money eominr t.r such enure portion. cannot afterwards maintain an action of ejectment for such portion on the ground of the invalidity of the sale. When the Probate Court i shawn lo have had jurisdiction of the subject-matter of an application for partition, and it is also show n thai I He defendants were duly notified of lite peudewcyof such application, the sufficiency of the report cf the comiisioner, the proof of the title of the petitioner, and the ascertainment ot the relative shares of the several parties cannot le controverted eollaterally ; ami the title of a bona fide pureha-e, acquired under the proceedings, must be deemed valid. Jlffii atsj. The Boston Blur tier. The public sentiment which at first raged so utterly against Trof. Webster has taken a new turn, in consequence of statement in his favor. Great allowance should now be made fir exaggerations, for the penny papers are interested in leaping o; the excitement. We wind up our extracts for the present, with the following from the Boston Transcript: We learn that the fact qunteJ yesterday, from the Mail in regard to the notes found at Dr. Webster' house were not fully stated. One note for $400, dated 1842, wts past doe. cancelled and fi'ed away. It bad no endorsement, and had to all appearance, been taken Dp by payment or renewal. With rrgsrd to the second note due in 1851, which wa for 2451, and endorsed, tt is believed to bave beei secured by a mortgage on Dr Webster' mineralngical cabinet, which cabinet was ..IJ within a year for $3,000 to an association of gentlemen, who presented it to Harvard College. The fir preaumpti-m and belief is, that tbe note was prepaid, on the a e of the cabinet. Thus fr the public suspicion appear to have run in one direction ; but by 'the following from the Cambridge Chronicle, it will be seen that something may be said on the other side: There are many circumstance, which if properly considered, tend much to relieve the terrible position of Professor Webster. Not only ba no positive evidence been brought to abow the agency of Prof. YV. in tbe deah of Dr. P., but many of the strong facts already are proved to have no foundation. Tbe spots of blood said to have been discovered upon the floor and stair, i found to be only tobacco juice! The pants, with Prof. W.'s name upon them, and stained with blood, are those which be wear in his laboratory, stained with aciils! The tin bos ordered at Waterman's, 3 feet long, dwindles to one 18 inches long, 18 wide and 13 inches deep, and of auch description a another individual states he has ofien made for him. As to tbe matter of the receipt which has been so much insisted upon, who ever heard cf a receipt being given on the payment of a note! That anv gentleman should have known him to be at the Medical College late on Friday night, wben he is known to have come home early and been engaged in spending a social evening with Judge Fay aud other friend. i, to y tbe least, remarkable. And it i no le retnaikable tbat tbe janitor of the college, or any other individual, should have observed such unusual appearances about nis room, aa to have exci'ed their suspicions not only when he wa thus absent, but so soon af er the disappearance of Dr. P., and only divulge those suspicion at so late an- hour. How great importance is to be attached to the pretended secrety of Prof. W.'s apartment, may be inferred from the fact that it was the daty of the janitor to take care of the entire building, and of course had ready access to each room. A gentleman who visited the rooms day before yesterday assured u that he examined the lock particularly, ami presumed from their construction thete could be no difficulty in finding a multiiuJe of key to fit them. The Elojement of Mrs. Miller. The Winchester Republican, referring tu the elopement of Mrs. Miller, wife of Maj. Miller of the army, from Niagara, New Y"rk, says : . Mai. Miller, during his "iourn here, was hirrhltr riese ana sympntny oi tue Citizen to a great extern, especially after her husband was ordered upon distant service. She. was of a gentle aud modeit bearing, and well calculated to win friends amonjr strangers. Suicide would be painful enoufrh to her family, but the other result would be wor.se than a thousand deaths. We -cannot but hope that the worst has not happened. A few days may determine; and we sincerely trust that the hearts of other families may not have to bear the most poignant suffering. Suicide et a Prf.acheb. Great sensation was recently occasioned at Cincinnati, by the suicide of the Rev. Jas. H. Perkins, who drowned himself in a fit of derangement. He was the pastor of the Unitarian church, and was a man of many virtues. The newspapers express prent regret at the melancholy event. T1IU MAIlKlTrs. Indianapolis, Dec. 19, 1849. Ouk Pop.K Makket. Since our lat weekly, the weather, then unfavorable for an advance of prices, changed Middenly cold ; since which it has moderated, and is now, Wednesdey, raining slightly. This, however, does not seem to suspend operations; and we learn of sales to a considerable extent, varying from $2.3112.45. Good hogs, averaging 220 lb., we thick would command $2.50. Much depends on the weather, however, whether this price will be obtained. As 'feed" is so expensive at the river, and no great ' pressure" iu " driving by railroad cars," we must leave holders to judge of their chances for further advances. We have received by telegrapli the following despatch, dated Madison, Dec. 16th, 18-19. "Sales of 1,300 hogs to-day at $2.70 (two seventy), and the market firm. Only. 4000 hogs on hand.' While looking over our exchanges to obtain reliable in ormation in rt'ation to the hog market, our eye fell on the following in the Dayton (Ohio) Journal : The Indianapolis Sentinel of 14:h, quotes $2.1'2ia 2.15, and advises farmers to tell. Whether the said "Journal" is Whir in commercial matters as well as political, the farmers, who raise hogs for market, must judge. But this quotation shows a spec;es of dishonesty that thould not be tolerated either by the speculator or producer ; for who will deceive or cheat the one, will not hesitate to do so with the other. We said, in the quotation alluded to above, after noting the advance in prices, which bave fully realized our expectations, that we now advise our farmers to sell, when they can get wha they deem a remunerating price. Now hear our Cincinnati reports of Mondoy Dec. 17, copied from the Gazette: Hogs. The market was up ten to fifteen cents per 100 lbs. to-day, and sellers generally demanded $3, but there were few tuyera at over 2,85 a 2,90 for fair lots. The sales as far as reported comprised 212 head av. 250 lbs. at $3; 392 av. 200 lbs. at 2,87; S40 do. av. 215 lb, at 2,90; 70 do. av. 230 lbs. at 2,95; do. a v. 230 lb., at 2'b7; 89 do. a v. 230 lb, at 2,95; 1000 do. a v. 200 at 2.87 a 2,90, and 250 do. dividing on 20 lbs. at 2,75 a 2,80. This reaction in the market, which we noticed in tmr report of Saturday evening, was caused by the advance in the price of Pork in New York. 8 A T.r: OP llEAIs ESTATE. PURSUANT to an order from the Marion Probate Court the aaresigned executor of the last wilt and testament of Zenas Lake deceased, late of Marlon Coun y, Blaleof Indiana, waleipos lor sale at public aoctma in front of Brownln' Hotel in the city of Indianapoll on the seventeenth d.iy of rebruary , 1 W0, at S o'clock P. M . the Mowing dtMCilhed real estate propel I y of Slid testator, to wie Tbe eoual and andiviiled three fifth pan of fractional north wee quarter id uecxkm 31, township 16, Range S East, conulntn j 179 8-100 acre. Teimsof sale will be, one fourth ia band, one fouiih ia tlx swwth, one fourth la twelve months, end oue fourth la eighteen month: note with approved security will he requited ; witfiowt aay relief whatever froto valoation or appraisement law, bearing Interest front date. The premise are beautifully situated shout two mile north west of ladianapoli on Iba east bank 4 White Kiver, and Iramedialoly n the Crawfordsviiie and Lafayctui State Road. On the praushres there m a 4 well ing bouse with the necessary out house, a good orchard and about 130 acre In a high tau of cultivation. Posseaewa will be given en the first of March, IK50. Said Meinaws Will be sold uhject lo all esjcuaabrancea. . E. W. LAKE, Executor. Indianvelie, Dec. 7th, 1319. , He $i.
- Stale of Imlinnn. Ilnticock County. I vh H&acocc raoaiT CorT. Fiaacaar Tiasi, A. V. ISO. Petition fr Ptrtiiitm. John Marogha, and Elwa Catharine, bis wile, Williasa Conrad, and Elisabeth, his wife, Joseph Long, Oxorn Marogha. m. Willlta Maruiha. Henry Marugha, Henry Hoffmaa, and Catharina, bis wife, Jacob Long, John Long, Jr. fJHE aaiJ petionert John Maracha.and Elira Otl-arine, his wife, -SL William Conrad, and Eliaabetk, his wife, Joseph Long, and Georg Mururha, heirs at Uw of Jesepli Long Jr., deceased bavins; filed their petition i a the Hsurock Prolinte Court nyinj an order of said Court for partition of the Real Ette which wai of said decedent among Ins heirs ; an 1 it appearinr loth satisfaction of the t'oirt that William Maru-bj, Henry Marugha. Henry Hoffman, and Catharine bis w ife, heirs ol the said John Long,decesed, are not resMenU of the State of Indiana. It is therefore ordered, that notice of the pendency of the aaid petition be given by e using a copy of this order to he inserted three weeks in succession in the Stale Sentinel a weekly n!wpper pablishM in Indianjpoli in Marion County; there being none published In said County of Hancork. thirty day before the first Monday of February next, that the aaid William and llarrey Maruiha, and Henry Hoffman, and Catharine hi wife, may bp warned to appear in this Court at the next term thereof to beholden at the Court House in Greenfield
en the first Monday in February next to show cauM, tt any they ' caa, why partition of said real estate shall not ba made. By order of the Court. Attest, WILLIAM SEBASTIAN. 55 3w. T. Clerk of Hancork C.C. State of Indiana, IIaiico'!t 4'ounty, ,. la tmi Biscsti Ciacvir Cotst, Faaavsar Taaai, A. I). 1?43. Cacarery. David Evans, executor of the last will and testament o' Joseph B. Chapman, deceased, tw John Sale, Lydia A. Sale, Arno Brown, Grace Brown, Ahijab Stidam, Deborah Ptidam, Emma Wilkinson, Maria A Wilkinson, Alexander Wilkinson, et al. j TT E known, that on the 15th day of August. 1849. the above i named complainant, by Brown and Porter, bis solicitors, filed ' ia the office of the clerk of tho Hancock Circuit Court, his bill of complaint in this behalf; and also an affidavit of a disinterested person showing tbat the said John 9h, Lyrtia A. 8 ale, Arno Brown. Grace Brown, Abijah Ptidatn, and Deborah Stidam, Emma Wilkinaon, Maria A. Wilkinson, and Alexander Wilkinson, ar not resi-lents of the State of Indiana. The said John 8ale, Lydia A. t?a, Amos Brown, Grace Brown, Abijah Stidam, Deborah Stilim, Emma Wilkinson, Maria A. Wilkinson, and Alexander Wilkinson, are therefor hereby notified of the 6:ini and pendency of said bill of com pi si at in the Hnrock Circo. t CouiL and to be and appear belorc tbe said judge of the said Court on lha Cm day of their next term, to be hereafter hol ten at the Court Hon-c in the town of Greenfield, in , said rounty of Hancock, and plead, answer or demur to aaid bitt, otherwise the same will be taken as confessed and true against them. Brown and Porter, Sol for com pit. j Sept.11,1849. WILLIAM SEBASTIAN, J 43-3w Clerk of Hancock C C The Stale of Indiana, .Mai f on County: la-H Maaioa Cocit or Co no Plus, Jaacaav TiaK,lS50. Prtilnnfor Divert. Virginia i . Hogers rs. Aaron A. Rogers. THE above named defendant, Aaron A. Rogers, is b fied. that tbe said Virginia C. Rogers, the petiti named, has filed her petition in said eae against h m, i of the clerk aforesaid : also tbe affidavit of a competent Virginia C. Korers rs. Aaron A . Rogers. hereby notitioner above in the office i oi tne cirra iiuithhi . iin lur ainuavu i a cwitpeieni ana ai.iwi tvrested person, showing that .aid defendant is not a reideiit of the State of I ndiana. That said petition is now pending in said court, and that unless he appear and plead to, or answer the aame on or before Uie calling of said cause at the next term ofsaid court, to be heldin the Court Hon e in Indianapolis, on the second Monday in January next, said petition and the matter and UtiDga therein contained as set forth, will be taken aa eonfewd and true agaiust him. and proceeding win be naa utereon accordingly. Attest. A RH AM A. HAMMOND. Ex-ofTicio clerk ol raid Cnwrt. By R. II. Nxwcoata, Deputy. William Stewart, sol. for petitioner. November 12, lS9. 47-3 w The State of Intliaiia JcITeroii Coun ty. Set. Jtrrtasow Cibcuit Coubt, Scptcmbck Tebx, IS19, toWIT: 0f THE 29rH DAV T ErTEMBCB, 15 THE VeAB OF 1 Loan Ore Thousand Eicht Hikdbeo and Fobtt Nine. i Chancer Sarah Ann Mahan, Mary Jane Rule, Montrarille Maban, James F.Kule.w. Henry iiiidretii, liedertck crunibaurli, Sarah ti. Stevenson, William Kent, Hannah Kent, Nanry Hendricks, William Hendricks, Lewis Davis, ClOME the complainants, by Steven and King their Solicitors, -and filed their lill; and alo an affidavit, aettinz forth and stat ing therein, tbat the raid Lewis Davis, is not at this time a rest, dtntof the rotate of ladiana: It is thereupon, On motion, Ordered oy the Court that notice ol the pendenry of this suit be riven the said Lewis Davis, hy advertisement, for three weeks success' velr. in tbe " KepuUiewn Banner," a weekly newspkpr, printed and published in the city of Madison; and in the "adians Stat Semlmel;9 and that, unless said defendant shall br, and appear here, on th first day of th next term of this Conrt, either ly himself or coun sel, enter Ins appearance nerein, ana piraa, answer, or demur to sai l bill, the matters and lt:insrs therein contained will be beard and determined iu bis absence. And this case is continued until next terra. Dy order of the Court. A true copv : Attest, JXO. H. TAYLOR. Clerk, 49-3w. By Thos. W. Wooixsa, Deputy. ItiLI.QUUXT TAX KS, 1IAXCOCK COIJNTY. "VJ'OTICE u hereby given, that all land and town lots on whirh IA the taxes of 1H48 snail rrnvtln unpaid, will be offered for sal by the Treasurer of Hancock cnunlr, Indiana, at tbe Court Houi-e dr in the town or ureenneia, on tne urn roonuay oi janrmiy, ioou. o much of each tract will be sold a may he necessary to discharge the taxes, penalty a nd costs due thereon, focludinf the tax of le 19 Greenfield. tvv. ia. 18 1. ea wi r.n. n. sin;itiri"s sai.i:. BY virtve of an execution to me directed rrom the t, leva s umce fih Mar iin Circuit Court. I Will ejoe to public sale, en tile th day of December next at the Coon House door in the city of Indianapolis, Marion county, within the hours presented ny taw, the rents and proDts lor seven years, ot uie luiiu-mj n täte, to-wit : Lot No. S and the West half of lot No. 8 iu Square No. 47, in the town of Indianapolis. And on failure lo realize the full amount of judgment, intirest and Costa, I will at the same time and place, expoe the lee simple of said real estate. Taken as the properly of Caleb Scudder, at the suit of the State of Indiana 48 3w CHARLKS C. CAMFUKLL, Sheriff M. C. mi cilia? F's s ai.i:. BT virtue of two executions to me directed from the e'erk's office of the Marion circuit court, t will expose to public vale on the 8th day of December, 1819. at the Court House door in tbe town of Indianapolis, county ol .Marion ana sun ot inaiana. within the hours prescribe.! by Uw.tlie rents and profits for seven year, of the following real estate, to-wit : The w-t hlf of thi south west quarter of section atx, (6) township fifteen (15) rang four (4) east, containing eveaty-four and one-ball (741) acres. And on failure to realize tbe full amount of judgment, interest, and costs, I will at the same time and place expose the fee simple ofsaid real etal. Taken as the property of Alexander Davidson and George II. Dunn, at lite suit of Alfred Harrison , Catharina Davidson, and Winston Noble, and aim at the suit of Jonas Wood. 48 Sw CHARLES C. CAMPBELL. Sheriff M. C. SHERIFF'S SALE. BT virtue of an execution to me directed from the Clerk's Office of the Marion Circuit Couit, I will expo" to public aale, on the 8th day or December next, at the Court House door. Indiana poll. Marion county, within the hour prescribed by law, ibe rmia and prufil", for seven years of the following real estate, to-wit: I.ot No. 44 in Square No. 40, in Wood's Addition to the h of Indianapolis. And on failure to realite tbe full amount of judgment, interest and cost, cwta, I wili at the same time and place, cxpe tbe fee simple of raid real estate. Taken as tbe properly of Jacob Landis, at the suit of Slate of Indiana. 4-3w CH A Rt.F.3 C. CA MPBT.LL. Sheriff" M. C. down Township. Hendricks County. Bought of William P. Maiden on the 6th of October, a chesnut sorrel mare supposed to be nine or ten years eld. W hite on the left fore foot under the fetter lock. Branded on the right sboulUr with the letter O. Some saddle marks. A white stripe in th face with a small dsrk spot ia the centrs of it. The nsaee is about fourteen hands hirh: aopposed to be stolen and brought into tbe neichboibood. NATHANIEL COrHN. November I6lh 1849. Sw Z SHERIFF'S SALE. . BY virtue of a writ of venditioni exponas to me directed from tbe Clerk's Office of the Marion circuit court, I will eapose to public sale on the 8th day of December, 1643. at tbe Court House door in the town of Indianapolis, within the hotir ptescriiied by law, th rent and profits for sevrn years, of the following real estate, to w it : Teu acres of land to be taken out of tbe sv-rtheast corner of the north end of the west half of the southeast quarter of section six, (6) township Dfieeu north, of ranpn four east, in Marion county. And on failure to realise the lull amount of judgment. Interest and cost. I will at the same time and place expos the f-e simple of said real estate. Taken a tb property of John B. 1'bipps, at the uit of Jacob Landis. 8 8w SI.K7 CHARLES C CAMPBKf.L, Sheriff M. C. SHERIFF'S SALE. BY virtue of a writ of fieri facia to iu diref led from the clerk' office of tlie Marina Court of Common Tlea I will ex. H.r Ui public sale on the I3h day of January next, lt-50, at the Court House door, in the city of Indianapolis in the State of Indiana, within the hours prescribed by law, the rent and profit, for seven yeais, nf the fnlkiwin real estate. In wa : That part of th oot-h west half of Square number 19, 1 tho city of Indianapolis bounded a follow: Com me nein M the north east point uf said nonh-wew. half of square umher 19, thence running west to Uie ha or parcel of ground now owned and occupied hy Lucisn Harbour, ttience souib 77 I et and 3 inches In Use lot or parcel ol ground now owned and occupied by Hampden Sidney Beck, theme east on Hie line of aaid lot or parcel of ground so owned and occupied hy aaid said I trek to Ü street known a Miinvarhusset avenue; thence on the line of said avenue to the pliceof beginning. Also Ui following dear n bod part of the same half square, to-wit : Commencing at the south west corner of the Lot or pared of ground old by Jnscphu C. Worrell to, and now owned and occupied by aaid Beck, thence runiuni sooth on A'abnma street eif hty let or thereabout lo a parulioa fence, thence on ibe line of aaid lence east In the tteet known a MassaLhusetu avenue, thence north ea on tlie line of said av tee to the south east comer of ild k or parcel of ground now owned and eerapied by said Beck, Unmre west a tbe line ol said lot or parcel of ground so owned and occupied by aaid Reck so ibe piac of beeinhint except the part within the east boundary on the said venire conveyed by Robert Patterson to Mr. Mary P. William, all said real estate being and iuiate in th eoon'y of Marion and tfoue of Indiana. . And on lailure to realize the full amount of judment, interest and cost, I will at the same time and place eipose the lee impie of said real estate. Take aa the property of Robert Patterson. t the sort nf David V.Culloy for the use of W illiam B.Cbnce.agum Samuel J. Patterson and Robert ratter son. O.C. CAMPBELL, 57.U Sheriff of Marion County. ANOTHER LAST HtOl HORN ! EXTENSIVE ARRIYAL OF .YEW GOODS WE r now receiving and opening a large and seasonable stock of st s pie and fancy DRY GOODS, couehting of all th new styles of dress goods, dress trimmings, shawls, bonnets, bonnet ribbons, neck and can do., linen cambric hdkfs, hosiery and gloves, embossed tabl and piano covers, cc. Also, hau and Caps of every description, quality and price. Grtceries, Cotton Yarn. Batting, Nails, Glass, VC All of which we will sell at Wholssslx oi Rcts.ii.. at prices that cannot be beat west of the mountains. Country merchant wi l find It to their advantage to jive us a catl before purchasing. Remember the place for sO IL J. B- c HOHN, bargain I at th big 13 ludia.poli. Dec. 11. 56WANTEÖ. AGENTS wanted lo obtain subscribers for "The complete woikof Thomas Dick, LL. D.,Mand "Tbe Life and Publie Service of Juhw Qumcr Adams " The subscriber will temain at Indianapolis for two weeki to receive applications. For teim tic call at tbe Book Store of Davi 4; K,y. H. F. WEST. S63wi. Dec. 7, 1S43. P IN . The undersigned offer for sale at eastern cost a superior rosa wood Piano and stool; warranted a superior Instrument and la perfect tone. 5 H. J. k B. C. HORN. 1 LARK'S Celebrated Coegh Candy, for sate, at w boles 1 er J retilatthaBooktorof 7 HOOD fc NOBLE. ALII a ft ACS! ALMANACS ! ALMANACS by th gross or dot, for aale, by of HOOP As NOBLEI7INUL1SH Latin Lexicon, frem the Orrman.by Dr. C. E. 14 Geerg-es. hy Biddlaaod Araold, edited by Cbatle AnOx, L L. D. Just received by 55 HoOD A..N0ELK .
