Indiana State Sentinel, Volume 10, Number 17, Indianapolis, Marion County, 3 October 1850 — Page 1

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SfJ : .WEEKLY: . 1:::::::::::::.? VOL. X. INDIANAPOLIS, TIIUßSDAY, OCTOBER 3, 1850. NO. 17

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INDIANA STATE SENTINEL:

A GAZETTE OF THE PEOPLE, E7"Office in THE SLINTINfcl. UUILUINCSJ North Sidi IFtiahington, mar M:ridian St. AUSTLn7BR0VN, Publisher. THE SEJIC-'fVJUtKLY EDITION I published every Wednesday and Saturday und Triweekly durin; the session of the Legislature, at FÜÜB S0LLAS3 A TEAS, LiYariatly La Advance. Is published every Thursday, and is furnished to subscribers at the following very low rates: One Copy, one year $2.0O Three Copies, one year, 5.00 Five Conies, one vear. R.UO Ten Copies, (io Clubs) one year, 10. OO One Copy, six luontus, 1 .00 Oao Copy, three months, 50 C7" The Money, in rn.ll eaget, to accompany uUicriptions. O'Any person sending us a Club of 7V,with cash, at tue rate of $1.00 each, sh.dl Lave a copy gratis lor one year. For a greater number than ten, the gratuity will be increased in proportion. All Post Master are requested to act as Agents, au), as such, hy a recent decision of the Department, they am autnorized to rank letters lor the benefit of uisct ihers. CT All papers will bo stopped at the end of the term pnid ior, unless the subscription is renewed, except to those with whom we have unsettled business account. ZIDryp LrtUrt. ad Ires"d to this office, trill not be taken s-it unless the postage is paid. ZTransient AJcertiements must lie paid for when presented, or they will not appear. !T7"No .l.iny.inai Cnnmu nicotian will receive attention at titU oiueft. TA lrertiements must be handed in by 10 o'clock, A. M., on TuesdiyanJ Frilay, to insure insertion in the s?;ni.Wt!ek!v. KJ Tfdi Vaper o.IVs in luenments to Advertisers eqnal to any other establishment in the State katcs or AnvrirrisiN':. Ve wil' a lvertise at the following rates in our respective w-ckli"S: Patent Medicines at $150 00 per column. Business Advertisements 25 00 per qr. rol. Legal aid o'hor advertising at ') cents per square of 250 e;ns, for first iuserti-m, and 25 cent for each snbsepieut inscrtim. AUSTIN II. BIIOWN, JNO. D. DEFREES. ' INDIANAPOLIS, SEPTE3IDni: ?S. The New Paper. Ia our las! number, out of the pile then on hand, we elected an article from' a Democratic paper published in the Northern part of the Stale, (the "Warsaw (Kosciusko county) Democrat," condemning1 the establishment of the new paper in this city S3 calculated to seriou-dy affect the "harmony, union and success" of the Democratic party in this State. We this week make a selection from a Democratic paper in Soulhern In liana. The Paoli Eagls lakes the following view of thn su'ject: INDIANA STATESMAN. The alovo is the title of a. new democratic pper, Started at Indianapolis, by Messrs. Ellis, c Spann. The Statesman is neatly printed and ahly edited. Terms: $2,00 per annum ; three copies $5,00; seven copi. s P.OO; ten copies S 10.00, We are sorry to see our friends starting a paper at Indianapolis, where "tir pirtv have already an able organ. We are frai! it wi!l result in ininry to our cause. In giving r. Ullis the office of Anditor of State, we think the democratic p:irtr done not only right, but a g'od p-rt by him; and he 'ionld have bcn contented with it. While Ch.ipnvmscond'ited the Sent incl. our party gave it their united support, not only by subscribing for it, but by giving them all t!e puSlic printing to do. The party supported the Cnapmans so well, that they were enahled to retire from 1 isiness with a comfortable living it. their hands. 31". Brown purchased the Sentinel, and has made great improvements upon it in every particular, and vrm think the democracy should extend to it. their united support. Public Sentiment. The A'idilor of State is likely to lose more than he will gala by coaicn ling so strenuously for the Convention printing, by virtue of hu purchase, with money, of the office of Slate Printer. The American Eagle say j: The Statesman contends that the printer to the legislature is entitled to the work, anil the Convention has no authority to elect a printer. Last winter the Legislature elected Chapmans of the Sentinel, State printers. Since that time, they have sold the Sentinel to Mr. Brown and their contract of State printer, to Ellis ft Spann, of the Statennm. This is the reason whr the Statesman contends for such abs-ird doctrine, ft" the doctrine of the Statesman is true, the Convention cannot elect its clerks and door-keeper. The legislature m ikes the State Printer an officer of State, and the term of the oflic; three years. Now the qnestion rises, can that officer sell out his office? We tuink not. The Governor, or any ot'ier c5c"r would j have just as much right to sell their offices. If; the legislature d es its duty this winter, it will j nil tue othee "I täte Printer, by another election. When a mil is elected to an office, we are in favor of him discharjiny the duties of that office until bis time expires; or if he cannot, let him resign, not tell it. The ! reedy disposition shown by Ellis and Spann, to monopolize -ill th public printing will, be the means of their srttin? none. It will He for the Convention to giv whether they will employ a priiter or not ; and if they decida to era-pl-r one, they will have the riffht to say who it shall le. We luv? n d'Miht bnt that the convention will cive their priiitin? to tha Sontinel. It is ricrht they should, as it i the "'"in of our party, and we have the ascendancy in the State. It has been the coarse ef both parties, when in power, to give the public printing to their orpans at the seat of overnwint, in order to enable them the letter to snstain their najers. Upon thi gronrd. we urged the election of Cnapmm list winter. Since .... . . 1 . then, he hau disposed of the entiniM, anl when the party ha favors of this kind to liestow, let the new proprietor have them. Oh'o Election. Ohio will on Tuesday, Oct. 8, elect a new Governor, Delegation to Congress and Legislature, half a Senate excepted, which holds over. The nominations for Governor and Congress already made are as follows: Mcaiem or cotoiim. Ditt. Wkig$. Dtmorralt. I. Hamilton, DaM T. Dimer. t. Huüer, e, l D. Camnbdt, Elijah V-uice. X M(M)amery. ke Gen. Hiram Hell, 4. Charopaiju, te. Bn amin inton, Jo' n A. Cortnin. 5. Locarf, Kl.Hhv. Ac. J. Wsimmi UJcjr, Aifrl P. Flfferton. 6. Seneca, Wool, Ac. Krelenck Uren. 7. Citnnout, A.c., NVIon Barrere, Dr. K. M. L'Ulrry. Ö. Rcmm, AJain, Jutia I. Tavl-r. Jos. McCormick. Ji. Steel, F. ?. 9. Fairfi. M. c , P. Von Tmmp, rUon B Ms. 10. Franklin, ke , Samm I fraltuway, Clisrl. fwtetier. II. Kikx, Ilxli'it, Tioin i H. Fonl, Oeore It. IJus-iby. 14. AiIwim, Ifn ji, te. JoKn Wc'rh, If irara O. Daniel. IX Morffl, C, W Ilium E FiiK-k, Jame M. Onylont. 14. Muknifrii'n. e., Alexander Harter. Tuomiu Max held. 13. Bmoi.i, 4e , VV!I am F. HuiMer, TmmM I Jewdl. in. llnimc. ke., Jr!m Jhntnn. lloariand. 17. Colum'riiriita, Ac, Matlliew KuberU, 'Joseph CnWe. 1-. Htark, Vane, I)! K. Carter. 1. Portave. ke., Joba Crcnwell, Ritu P. Raiiny. 20. ANiaiula. ke., 21. Lne, Ijortua, ke., Fani "I T. Worcrfirr, N. ?. Tivrnnml. ' lotp M. Root, F. 3. TATS TlCIIT-aOVlMOI. Whig. Democrat. Fret Sot Wta. JoiutMon. Renbcu Wood. Edwvd Smith. 04KD y rcsLtc wosas. Ale. O. Conortr. Ales. P. Miller. Tri Stetjr. Mcmirs oi the present Ccc jTtas.

I n jitive S!aves A synopsis of the law which recently passed Congress, in relation to fugitive slaves, has been going the rounds of the papers for some time. We believe it firt appearcil in the Cincinnati Gazette. It is full of errors and calculated to mislead the public. The e were so many propositions before Congress, and so much said in the public press, that we were scarcely able lo tell the real character and provisions of the law, unlil we carefully examined it as officially published. The following synopsis was prepared with great care, wilh the law before US, nad may be relied on as correct : The 1st section gives jurisdiction to the United States Commissioners in cases of fugitive slaves. The 2.1 confers the same power on the Superior Court of the Territories, to appoint commissioners mw possessed by the Circuit Court of the United

States. The 3d section authorizes the Courts to increase the number of commi.'iioncrs. The 4th section gives to the Commissioners, so appointed, concurrent jurisdiction with the Judges of the United States Courts, to issue warrants and grant certificates of ownership or proof in cases of fugitive slaves. The 5th section requires the Marshal and his sworn Deputies, to execute all process in such cases, and authorizes him to appoint Deputies, and to cull to his aid the posss if necessary, to arrest any fugitive from justice or labor, and imposes heavy penalties for refusal to execute process, and makes him i able in case of escape. Section 6, authorizes the owner of any fugi'.ive slave, or Li j regularly appointed agent, by power of attorney under the seal of the Court, to pursue with or without a warrant, and lo take lli2 luve before a Ju Ige or Commiisioner, and upon full proof, by duly authenticated depositions or oral testimony of such ownership, he is required to issue his certificate, which will authorize the owner to remove the slave unmolested. Section 7, imposes heavy penalties upon persons who obstruct the execution of process and aid the escape of fugitives. Section S, relates to the fees of the Marshal and Clerk. Section 9, requires the Marshal, on the order of the Court or commissioner, to remove the fugitive, in all cases when it shall appear that there is danger of escnp. Section ID. points out the mode of proceeding in the Siate here the fugitive escapes from, by requiring the owner to go before a court of record nnd make proof of such escape, together with a full and perfect description of the idave, and if such proof of record, fu'ly iJentify the slave, it shall be sufficient evidence of ownerslrp. In the absence of such record, the owner must prove his property as in any other case under the law. In no case is cither the owner or the slave a competent witness on the tiial. The law of 1793 required Slate j j Iges and magistrates toijjuc warrants and grant certificates of ownership. Many of the Stales, Indiana among the number, have passed laws in aid of the act of Congress; but the Supreme Cou. t has decided that State magistrates and executive officers, are not bound to act, and ' since that decision some of the eastern States have passed laws to obstruct the return of fugitive slaves, by imposing severe penalties on persons aiding in the arrest. It therefore became necessary for Congress to act, or the provision of the Constitution, which was the great feature of compromise at the time of its adoption was a dead letter. They might have stopped, by giving jurisdiction to the commissioners, but it was thought best more clearly to define their duties, and the duly of Marshals. The penalties for procuring the escape of slaves are increased, but the proof of ownership is so defined, and all the legal proceedings so strict and clear, that kiJnapping under the color of law, is impossible. The rights of the owner are protected, and the free man of color secured from arrest and abduction. Periodicals. Post & Co. Cincinnati, Ohio, will please accept our thanks for the latent numbers of Leonard Scott tu Co 's Republications of the British Quarterlies and Blackwood's Magazine. These works are conducted by gentleman of the first intellect and learning in Great Britain, and treat of every subject in the range of intellectual pursuit, öfter condensing, in a small compass, the contents of voluminous works. Terms: For one Revictv, 3: a year; for two g5; for three Q7; for the four S; Blackwood's Magazine 3; Blackwood and the four Reviews $10. P. & Co., hae, also, politely furnished us with the Eclectic Magazine, W. H. Bid well .Editor, New York, and "Littclls Living age," Boston. The former is published monthly at $5 per annum and contains the cream of European Literature. Of the latter John Quincy Adams once said: "Of all the Periodical Journals, devoted to literature and science which abound in Europe and in this country, this has appeared to me the most useful." Published weekly at Six Dollars per annum. Messers Post & C . will receive subscriptions for the above works, and all the American Periodicals. Their office is on 3d street, between Main and Walnut, Cincinnati, Ohio. "Graham's Magazine" for October is received, and i a fine number. For the Indiana ?late Sentinel. University or Notre Dame da Lac, Ind. The Undies of this Institution for the scholastic years H5i Ml, have commenced again with the present month, and an increased number of Professors and Students. The College is located in a retired, beautiful and salubrious region of north Indiana, within ten miles of the Mifhizan Central Railroad. The svstem of in truction is extensive and thoronsh; embracing, besides the branches usually tanjrht in Ce-liege, tuition in various arts and accomplishments not ordinarily aUordd in the lest American schools. Not only are pupils fitted for any of the liberal professions, but there is a special department for such as look forward to the CountingHouse and to the various pursuits of business life. The Ample and elegant grounds of the institution ft fiord evert means of innocnt and healthful recreation, and stu dents partake, nnder the supervision of careful tutors, the snorts of fishinar. swimming,' skating, equestrian, gvmnastic, and martial exercises. Tuition iccludinj board and washing, $100 per annum. C-Powers' Greek Slave is in EuSalo.

Washington C-rrespondence. WaSHtsOTox CiY, Sept. 19, 1S50. The bill abolishing the slave trade in the District of Columbia has passed both houses, received the sanction of the President, and is now a law. By its provisions no slave can be brought into the Distric to be sold as merchandise, and slaves sold in violation of the law become free. There are now only about six hundred slaves in a population of forty thousand, and under this law the institution will soon become extinct. But the abolitionists are determined not to stop until the six hundred'old and dependent slaves are set free by an act of Congress. Originally tLe District was ten miles square, lying on each side of the Potomac, and was ceded by Virginia and Maryland to the United States. All that part lying on the west side of the river has been retroceded to Virginia, and there is now scarcely six miles square left. Georgetown has remained in statu quo for the last forty years. Washington is improving rapidly, but there is no country to feed it. It is surrounled by a miserable, barren, broom sage heath. It has" the advantage of one of the most noble rivers in the world, yet it has no commerce. It has a railroad for the accommodation of passengers, but their is little or no freight carried. The city is literally fed and watered by the drippings from the Treasury. But I am wandering. Ths Senate is now acting on the general appropriation bill. They added an appropriation of two hundred thousand dollars to commerce, two additional wings to the Capitol, as rooms for the Senate and House of Representatives, but I do not think the House will concur without further data as to the cost. However, there is no telling, in these day of extravagance, what may be done. A vast amount of business will be left on the Speaker's table, not acted on. Among this mass I fear will be the bill for a grant of lands for a railroad from Indianapolis to Chicago. The bill for a line of steamers from New York to the Pacific coast is now under discussion. The result of the vote is doubtful. The measure of itself is popular, as an efficient and important auxiliary to the colonization project. Yet the men connected wi h it have prejudiced the cause. The bill directs the Government to make a contract with George N. Saunders of New York and Joseph Bryan of Alabama for a given sum. Saunders and Bryan are great jobbers and claim agents. The latter was connected, as attorney, with the far famed Galphin claim, which would have blown up the late administration, but for the, to if, timcly-and judicious death of Gen. Taylor. But I have not time now to explain. I shall very soon write a letter on the subject of lobbying, logrolling and sleeve gammon in congressional legislation. It is a curious and interesting subject, and one which the people must understand. When Congress adjourns I will give you Washington city in slices. XAVIER. '-Thc Washington correspondent of the Rushville Jacksonian, speaking of the measures of conciliation pa sed by Congress, at its present session, says: Here I mijht pause and profitably review the hisorr of thete territorial questions, the circumstances attending their acquisition, the political clap-traps manufactured out of them, and their finale. Time nor space, however, will not now permit. Suffice it to say that having been a friend of the annexation of Texas, an advocate of the justness of the war with Mexico, out of which these rlorioas acquisitions arose. I have no regrets over a sinsle step I have taken to procure them

and I congratulate the proud and invincible Democrat ic party under whose auspices the whole has been done, that a neacable and sntislactorv settlement is made, and our flag now waves over the vast regions thus. acquired without resulting in the extension of slavery, but on the contrary resulting in its actual curtailment over all that vast domain taken otT of Texas by the terms of the Boundary bill. New York Railroads. We are permitted to make an extract from a let ter to a friend here, written by one of our citizens now East, after having passed over one of the New York Railroads. "The fact is, we passed more than forty places worse than the Madison Iliil, and at a rate of from thirty to forty miles to the hour. Through the Alleghany mountains over one hundred miles, I did not see one mile of straight line, it was one curve after another, and the road cut out of the solid rocks, and many times from fifty to one hundred feet to the rocks, water, or trees below, nearly perpendicular; then we would pass embankments 100 feet high upon short curves at a furious rate, enough to start the nerves of any person. How I did wish the whole of your board were along, you would go home and think it nothing but child's play to finish the Belle fontaine road in a year or less." What a contrast the above presents, to our railroads constructed over our level country, both as to grade and costs of construction. Abolition in the Dog-days. At a recent abolition meeting in Massachusetts, Stephen Foster, one of the crack orators of the insane fanatics, thus discourses of DanielWebstert "Anti-slavery can't prosper till we have killed Daniel Webster. Mr. Chairman, I shall lie understood to peak figuratively here. I care nothing for Lis body; I hope Providenco will spare him to "us as a subject lor dissection. But I mean we must destroy, what is of far more consequence than bodily life, bis rtptila'ion. Ho is a traitor and a villain. Compare him with Bcndict Arnold, and he is far meaner and more despicable than he," etc. O-The election of Mr. Sibley as delegate to Congress from Minnesota, is to be contested by Col. Mitchell, his opponent. The permission granted to soldiers to vote, and the voting of Indians, are among the grounds of contest. , - ' ICTMrs. Myra Clark Gaines has applied to the Legislature of Mississippi for a pension, in consideration of the military services of her late huaband. What a sad reverse for a lady wlw, a year or two ago, was believed to be the wealthiest woman in America. (7"The Postmaster at Vincennes, lately pursued and caught at Carlisle, Patrick Ireland, charged with robbing the mail at Vandalia, on the 3d of August last. - fj7"There is a dog-in Roxbury, Mass., who has acquired the habit of chewing tobacco. Ha is shun ned by all the decent dogs of the neighborhood. .-W. B. Baker has sold out his interest in tie Tcrre Hautp Journal to WHUam Moore.

Plank ltoad-. A question is agitating the public mind, in the Southern part of the State, as well as other portions of Indiana, whether a surrender of State and county roadj ought to be made to plank road companies for the purpose of conducting plank roads thereon. This question has drawn forth a letter from the Hon. Robert Dale Owen on this subject, adJressed to the Hon. C. C. Graham, member of our State Senate, and Delegate to the Constitutional Convention, which has been published in the Warrick Democrat, and which wc have been requested to publish, in order to give the opinions of Mr. Owen, on this interesting question, a more general circulation. New Harmony, I..d., An?. 29 1S50. Mr Dear Graham: On my return, last evamnjr, horn Mount Vuruou, I received your letter of the 2oüi inst. I am rejoiced to hear that you have nearly completed your subscripüoiis of stock to the Xewburgh, Hoo.iville and Lytmviiie Pl-mk Road. But I contess uiy surprise, that there should be serious difficulty about obtaining the riirht of way. How little- tuey must know of pUnk roads and of the immense advantage resulting to the public from this species of improvement, especially in this Western c untry, vh refuse it! I wish I could sit down by the fireside of some of those who are opposed to this grant, and have a quL't, business talk with them about it. It is my d-liberate opinion, that "pon the disposition to makej or not to make, such grants as this, depends, in a very great measure, at this juncture, the prosperity of each county in our State. The counties who refuse will as surely be left lehid in the race of improvements, as men would he, who should still persist in navigating the O.iio without the aid of steam. There are certain improvements of such unquestionable advantage, that ti.cy must, from conviction of their utility, be adopted. Steam-loating is ono of these; the plank road is another. Plank roads are as certain to spread over this State as the Sun is certain to continue to shine. O.ie county or another may lag behind. Those who do will sulh-r for it; hut all will ultimately come in; just as everybody who ascends the Mississippi now employs a steam Itoat to convey him. Old Warrick, surely, will not be one of' tue laggard. I owe to her, politically, as much at least, as to any other county in this district; and I should consider that I hud in part repaid the debt, if I could persuade her to examine this matter w ith care, and decide it with wisdom. I visited the State of New York, last Tall, to examine her plank roads, and I saw mm y of them ; some in progress of construction ; others that had liceii in operation upwards of three years. I found, that the first plank road had leen opened there to the public on the first of July, P46; and that, already, two thousand miles were completed or in progress in that State ulouo, at a wist of more than three millions of dollars. Every dar new ones were springing np. Every day nddid increased conviction of their imjwrtance. 1 stopped some of the teamsters whom I met, and found the universal feelinir to be, that no consideration would induce them to change hack to the old earth road; and that they had rather pay double or treble the toll than to do without them. N wonder. On a well-made plank rond w ith goMj grades, two ordinary horses will pull a load of three tons. This I have seen and know it to bo true. The same horses would not pull ono ton over most of our e irth roads, even in summer, after a single day's rain. Now let anv man sit down and calculate what he can aflord to pay lor the privilege of hauling at one trip what be now hauls at three. Say that a farmer lives ten miles from town.

what is it worth to be ahle, at each load, to haul two tons additional, without additional team or time? In other words what does it usually cost to haul two tons ten miles 1 Generally, aloiit a cent a hundred a mile: that is, for two tons hauled ten miles, four dollars. And what is the toll by our pi auk road law, on a two horse wgin traveling" that distance? -Twenty cents. Ray that it returns empty ; then the toll is forty cents. Forty cents, at most, to be able to do what now costs four dollars! An advantage of ten to one! an exchange of a dime for a dolhtr! Whenever the time shall come when men refuse to give a dime and receive a dollar in return, then will they also (having seen and tried ltb) prefer our present earth turnpikes to plank roads; but not till then. If our present State and County roads would keep themselves in order such order as it is possible, in our soil, to keep an eartli road in if we never required to raise one dollar of read tax, or to spend one day in road labor upon them ; it would still be utterly unprofitable to use them, so long as we could find pla-ik wherewith to cover them Nay, if a teamster, or firmer, were paid for every mile his wagon necessarily travels them, as much as the plank road toll, even then, he had far, far better pity the toll, and travel the plank road, than take the other and lie paid for traveling it. D es this seom extravagant? It is a long way within the truth. There is, to the farmer or teamster who travels them, much more than four cents per mile didlrencc, between the one road and the other. ' As to the argument, that it is taking away from the public something valuable, to give up a free road, and sudor it to be taxed, it has not a leg to stand on; it doc, not even approach the truth. In the first place we have n: freo road. It is absurd to talk of live roads. You might as well talk of free pork or free corn. Roads have tobe made, and have to be kept iu order, by money or by labor (which is money,) jnst as surely as corn must le planted, and then ploughed, to keep down the weeds. It never can be a question whether our roads shall he paid for or not. The only question is, how shall they he paid for. I do not content myself with saying that road toll is as fair and just a way of paying for tucm as road tax or road labor. I say, that the svstem of toil is fair and just; and that cur present system is unfair and unjust. Liooic at our road law, as reviseu anu consouaaicu ny an Act passed last year: (General Liws, 1S4!, p. 100.) Section lOl'declaies that the County Board may, or may not, assess a road tax (not exceeding ten cents on the hundred dollars on property ; and Section 106 provides, that if the Board dispenses with such tax the sucrvisors shall "notify the inhabitants of their respective districts, liahlo to perform road labor, to work on the highways whenever and such number of days in each year us shall bo necessary to put and keep the highways of such district in good repair;" and such lalsr is to lie assessed iaequally upon all tlio inhabitants liable thereto." Do you call that fair, equitable, republican? The small tax on property is well enough, as far as it goes; hut it is insufficient, if imposed, and may Ik) wholly disfienscd with. And then, how stai.ds the case as to road aboi ? ' . In the first place, the law, strictly construed, requires na impossibility. No supervisor can, during the winter months, keep an earth road over our rich bottoms or clay hills i4iu good order," or in anything that approaches lo good order. But pass that by. Meu are required to contribute to the support of the roads, without any reference whatever to the use they make of them. The farmer who has a hundred acres under cultivation and whose teams are daily on the road, wearing it into ruts, is called out the same number of days as his hired lalior. er, to whom he pays ten dollars a month, who has neither horse nor cart, and vtho travels the road, when he travels it at all, on foot. ' The contractor wnosefour. horse stage passes over the road once a day and cuts it up as much as half a dozen ordinaiy farmers do. is called upon for the same contribution to keep it up, as the mechanic, whose onl v property consists in his tools. The circus proprietor, with his fifty or sixty wagons, passes through the country, using our roads and carrying off our money ; we cuarge mm notuing ior me roaus ne use, and the school master, with salary too small to hire a horse for a Saturday's ride, pays the tax instend. - I repeat it, call you this fnirness, justice? What t the just principle? Tiiat they who vie a thing $ould j to keep it in order. Yes, and that the amount they pay should le in proportion to the amount thpy use Does not common sense teach us that this principle is just and right? Yet no system of road lalior recognizes it, or ever can recognize it. Nothing butroad toll, collected of each traveller, at a gate-house, can reach it. Under any other system, those are compelled to pny, who receive no benefit; and those who receive much benefit go, in a measure, tax free. We talk about the change from earth roads to plank roads, as if it were a surrender of our rights and privileges. The only riirht I know of that we give np, is the right of being inequitably taxed; the only privilege we surrender, so far as I see, is the- privilege of toiling, at a speed of two rolle an boor, through mnd that closes ovor the wheelhubs at every step; comforting ourselves, the while, by the reflection, that this continuous ditch in which we are

wading is what the law and the supervisor's conscici.ee call, a "highway keptiu good lepair." If the supervisor, uudr the p eseut law, were to do his duty, so far as our soil permits, and to keep t .e roads in reasonable order, he would have to call oLt each inhabitant li tide to road lulor, ten days a year at least. Ten days labor is worth not less than seven dollais aud a half; and that, woidd pay plank road toll on a two horse wajnn for three hundred and teventii-five wi et. This tax every mechanic or laUirer may be compclkd to p!y, if tLe supervisor acts tp to his duty. Is tLat just ? If the matter were put in a somewhat dilrercnt sLape. without altering the substance, surely every lody would see its hjustite. Suppose the supervisor visiting John Smith, the shoemaker, to'eollect his l.iirbw nv dues. Ufrrr. John, I've called wi h a small bill against you ; ynur road-tax. Each inhabitant liable to road duty is assessed this year to the amount of the toll on a twohorse wagon for three hundred and seventy five miles. It comes to scen dollars and a half. John. What! toll on a wagon for three hundred and seventy five miles! as far as from here to Cincinnati! What am I to pay that for? Suy. Less than that wont keep the roads in good order ; and I lie law requires nie to assess whatever is necessary for that purpose. John.- I have neither wagon, cart nor buggy ; no, not even a scrub poney . Toll on three hundred and seventy five miles! Why. I don't ride or drive on your roads three hundred and seventy-five yards in a twelve month. Suy. But otl ors do, and the roads are out up and must lie repaired, or thev will lecome impassub'.e. John. Venr well. Th?n let those repair them wlic use them. 'Why, this is worse than my neighbor Tom Burton. Do you remember Tom? Sur. I remember Lim well; the greatest bant, to borrow I ever knew. Jth-. Exactly ; and Tom borrowed my wheelbarrow one day, and kpt it a month. At the end of that time he bronght it back with the w heel all in pieces. S lid he. 'Neighbor Smith, I've broua lit you your whcellnriow. I ran it against a post in my garden-this morning and broke the wheel. I'd thank y.u to send it over to the shop nd ret it mended, and I'll call for it asain to-mor-row." Well, I thought that was rather cool, so, said I: "Tom, don't you think if a man uses a thinjr and puts it out of order, it look's l'ke he's the prr.per person to :et it repaired?'' "Well, says Tom, "it does look like it. I never thought of that before." Ami he tool the hint, and two days after, I htd my barrow back, with a bran new wheel. Now, I say your road lav makers are not as reasonable as Tom Burton; tl ey tell us that one man is to use the w heelbarrow, and anoil.ci to pay for mending if. Sup. Well, neigl.lor Smith, I won't gainsav your story nor your argument ;ln;t the law's the law, and I must have my sevei dollars and a half. John. There it is! bnt I hope we shall have plank mads before long. Then a man won't lie obliged to pay for what he does not get. The law does not let them collect toll, nntil a man uses their road; and I never heard of their charging foot passengers. I think it would have leen difficult to persuade John, if he put his name to a petition to grant the right ol way for a plank road, that he was surrendering any great privilege, in so doing. If you think mv argument and story can lie of anv service, make such use of them, privately or publicly, as vou may se fit. t am, mvdear Graham, sineerelv Vcur friend, ROBERT DALE OWEN. Hon. C. C. Graham. P. S. I know of no County that has held out against grant of the right of way for plank roads. In our own, there was, at one time, great opposition to it; but it was finally carried, on trial of pel ii ion and remonstrance,

by a voteol some twenty to one. In Jlwards county Illinois, the opposition to the grant to the Albion and Graysville Company was so strong, that its friends despaired of carrying it at all. A public meeting was convened and numerously attended, which Mr. Pitcher of M mnt Vernon, and myself addressed, by invitation. The impression then produced was followed up; nnd in the course of two or three weeks, lotli sides canvassing the county, the petitioners were found in he proportion of tixteei to ore to the remonstrants. They intend, I lielieve. to complete a portion of that road bis fall. Our grading on the Mount Vertioh and New Harmony road w ill be completed in four weeks from this time ; and we hoyie fo finish the mad on or before the first of December. Even in its unfinished state, it is already converting the most incredulous. In practice it has lieen found, that the refusal to grant the right of way over State and County roads, is, in this part of the country, almost equivalent to shutting out plank roads altogether. Lind-iana. In the Jenny Lind Prize Song, as printed and sung, the first verse was omitted by the musical composer, for the sake of brevity. This verse ii given below : 'Tis said that in silence the heart must reveal, What the (altering lip to iis pleading denies, When the warmth oi its lieating we mny not conceal, And grateful emotion is soft in the eyes. Bnt silence itself, in the region of song, Is music made sweeter and purer in tone, And the minstrel whose hon-8 to that region belong, Mast feel in its beautiful language alone. 0"Jenny Lind ha got herself into business. Her munificence in giving the total of her first night's earnings (more than $10,000) to charitable objects, has s t the whole trileof beggars after her, great and small, high and low, young men and maidens, liond and free. We learn from "good authority that she receives on an average a hundred and twenty Idtert a day, soliciting a share of her liberality. OThe proprietors of cverv steamlioat and railway lino between New York and Boston, have placed their respective modes of conveyance to the latter city, at the disposal of Mademoiselle Jenny Lind and her suite. This graceful compliment mny suffice to mark the sensation which has ( een excited by this accomplished artist. ET Jenny Lind will sing at the Front street Theatre, in Baltimore, on the 27th and 3Utu of the present month. Epigram. The following epigram upon the salo of tue first licKei ior jenny jinti s concert iu m . ucinn, the hatter, is from the New York Evening Post: ... Fair Jenny came across the sea Republicans to flatter, Gave up the smiles of royalty To advertise a hattet! mrThe Turkish envov or agent, Ammir Bey, arrived in Washington vesterd "y, and took lodgings at the Na. tional Hotel. This rn-iicr or the l;tr Last to tue rcmoie West is the first subject of tho Sublime Porte who has ever come to the shores of America in the service of his government; and ahheuzh he comes as a simple agent to view our country, its internal condition, power, pur. suits, productionsinstitutions, &c., and is invested, we lielieve, with no diplomotic functions, his visit may lead to diplomatic relations lietween the two governments, and eventually to a mutually advantageous commercial intercourse between tho two countries. Intelligencer, Sept. 19. - ' 0At Baltimore, on Thursday afternoon, Herr Ryninger accomplished the feat of walking on a single wire from the roof of tho Powhatan House, foot of Broadway, to the European House, on Thames street, lielow Broadway. The wire was about the thickness of those used on the telegraphic line, and extended alout four hundred feot, commenting at. a height of forty feet, and gradually descending to the ground. .This wonderful leal was periormeu uu mo gi .a im wum , and apparently with as much confidence on the part of .1 - r... mm If Im n-orA wallriniT on thn (Troiind. Uic pel iwi luvt a it vv f. --V- - . XTThe Baptist General Association was in session i..ra J.iMnfr iL unkt upct. The number of delegates IIV. I V wuilll .v 0 " - - - in attendance' was respectable. Severat of the most eminent ministers in tho State were present. Much im- . . I . .J .HJ n.A...,.A. falan li poriant mjsincss " irausacuru, ouo incwuns n endow Franklin College. A resolution of thanks to our citizens, for their hospitality, was passed. It adjourned to meet ia Lafayetto next year.- Z,Qanport Fharot Ntw CAPITOL The new capitol of Tannessee, now in coarse of erection at Ixasnville, will, when complet. ed. be the noblest structure of the kind in the Union. The reof is to be of iron, and uo wood at all is used in its exun'or-

Rej.or1ed fcr Vie State Sentiud BY AlJEkl ti . P G It 1 E It , ESQ. Thchseat, July 25. 1 50. Ths i ta'e ex ret. v. Chrin.a . t. a. Ai l eai fn ci tl o Boone C. C. Perkins, J. A confirmation by the Court, urder sett. 13, p. 17 J, t f the K. b. of 1 31. of a vacuUon hi i.onit.

mem of an administrator by ti.e Clerk tu Le aliu, wist be entered of lecord. A IkmhI cannot be delivered to t! e ohüiiee as sn es. crow. 9 Pctersdortr, IC9. 4Ui Ciautb, 5 iu. 351. Aßrrned. .head v. Cwnn.tns. Error to the J. Uenon C. C. Perkins, J. Tuis nm sn n t lit-Mium i.ir !....- At the time of the marriage of ti e petitioner vwih I.e. ticceased husband, there were judgments uuaiust l.ini to me amount oi ten thousai d üoll.ti, bu.duitr lie lau s out of which dower is claimed, tu! se jui ntly Mi i. i.ul judgments were t-litained aLaiMt l.im, a!ii hi. ding tl.o lands. ExLutii.i: ucrc iMKil i n tho j'.dtrn.ei.ts. prior to the marriage, ar.d, while iher were in ihe Li n. s f j!e shcritf. Cummins died. Aficrua.d the sLerili b,ld the lands in c,u stion on said executions, uiu'er t n atree ruent between alt concern, d that if the lull value I tl.o property were hid and paid rn said s.-.Ic, tl e money l.mdd be applied to the extinguishment of all tLe liei.s on t e lauds, leaving the qucHi'-n .f dower iiuuttecled bv tho transaction, but giving tLe j nrthscr tLe san e right as though he purchased the lands subject lo tLe older liens, and then extinguished tLein with Lis ovrti mnoy. Held) That ti e widow's riht of dower was subject to the incumbrances existirg on tl e lnJs.t tl c tin e f marriage, ai d that she must contribute to their avnent or sutTcr an abatement, iu pn poi tion , of the low er. lierened. Mcxpat, August 5, P50. State Bank cf hd:a :a,ft,r the t, e.t v. Yung tt a'. Blackford, J. A mistake made by the Clerk of a Circuit Court; in entei ii g a judgment w hich the Court has rendered iu a suit at law, cat n t be corrected bv a Court of Chancery. i7.d.'e fct fe v. II A err, 3 J. lis. Ch. R. 275. Bank if 7 eant sce v. Yu.taioa, 8 Humphrevs, 363. After a parol ng-ccment for the c( mprr-ndsc nf a mit was mad . the parties, in pursuance t f it, sj peaud in Court and had a judgment tendered in the iai.se for the p!i;ntitr. Jfe.d, That the rendition of that judgment put an ci d. to the previous pan. I agreement i n the subject. For ihcteims of that judgment, reference must l.e L:d to the r-eoids a lore of the Court that rendered it ; and tl a parties are estopped frrm saying tha the judgment docs not acc-rd with the pi evious parol contract. A i-ourt of law can have the misprision of tl e Cleik, in omitting to enter in the order-book the filing of plen, amended, at any time, when the proper application is made. If such amendment is objectionable for the wart f notice to the opposite party. -f the niotii n, l.e can aj ply to a court of law, on that ground, to set the amendment aside. Ijtfirmed. Weenesdat, August 21, VoO. Sta'efor the use cf Yiion v. Win ans. En or to the Marion C..C. Blackford, J. By the Statntecf I?31, it w as enactC'd t l.'ll t " Wliril I.Preullt-r HIIV fir. -I it Court I.mII r....'r.f judgment against two or more, t.pon any taufe f aciii a in which any of said judgment debtors are security ( ,r any other of such delci.dants, there shall ! no st'iy i f execution on such judgment, if the said sec urity r securities object thereto, unlc-s tl.c said security f. r the s!:iy of execution will undertake srechdly to pay the sbir.c, in case it cannot lc n.adc oil the principal debtor cr debtors." Stat. I'SsI, p. 37. Held, That to pive the surety the benefit of this enactment, upon his objecting to a sty of execuli n, iho judgment and execution should show th;t l.e was a sinety. The ciicumj-tr.tice th;it ti e ttatu'e .jcs a suirty the right mentioned, is of itself sufficient to authorize the Court that tries the cause to have the question determined, upon the application of one of the dv'l'.'i tlar.ts, whether such defendant is n surety or net. .-. rmed. Dole v. Watson. Error to the Vigo C. C. Blackfoed. J. Iu a suit hy the assigt.ee cf a pro. missoiy note against the assignor, who wns also tie payee, the first cotii.t which undertook to show due diii-i-enee, did not allege that the claim was Med at sty time in the clerk's Office of the Probate Ciuit n gainst the estate of the maker who di d before ti.e note became due. Suit, w hich w as alleged to I nve U-m brc tight against the administrators of the maker, wns not, as shown, commenced until nearly two years after li e grs.i.ting of letters of administration, nnd no execution waa taken out on the judgment in that suit ut'til nca'Jy two year after it was rendered. No proceeding wLatever against real estate was aMeed. Held, That this count did rot show a case of t'ue diligence in the collection of the debt. The third count, in attempting to show due diligcree, did not allege tie filing of any claim in tie Jerk's r-ffce of the Probate Court. No suit appeared lo hnve liecn brought rn the note until nearly two vears ff.'er the letters of administration were granted; aid it was n t averred that any execution on the judgment in that si it was ever taken out. It was alleged that for pan of tl e judgment in that suit, a judgment was recove cd ag;.ii:t the administrators for w aste, but whentl e suit for waste was commenced, and in what yeir the judgment in such suit was rendered, was not stated. Held, That this count did not make out a case of duo diligence. In a suit by the as-gnce against the assignrrof a promissory note, under the averment of the notorious ins 1veney of the estate of ths maker, who deceased bcf re the note became due, it is ncctsary to prove in ore'er to sustain the averment, that the maker left no property, which the law cou'd reach. fr the pavment of nny dvbt. Hardetty v. Kinworthy, 8 Elackf. 3ö4. Renrud. Fridat, Augnst 23, 150. Leid et al. v. Wilson. Apical from the St. Joseph C. C. Blackford. J. A bill was filed Iry creditors against a debtor alleging that the defendant wss possessed of cpiitahle estate of one undivided half c f a certain tract of land in St. Joseph county, (setting ont the b undaries.) The bill then stated that the defendant was a non-resident and insolvent, and hud no piopei tyin this State subject to execution, or which could I reached by proccssof law; that the c omplainants believed l.e intended to sell said equitable interest to w nu bonaßd purchaser, Sic. Prayer, that the Court decree a slef.f said interest and enjoin the defendant from selling tho same. A demurrer to the bill was sust ained. The bill contained no description whatever of the eq:tahle est ite of which the defendant was charged to 1)3 possessed. All it said upon the subject was as follows: "The said Charles L. W ilsen is possessed of ecpiitable estate of one undivided half "f a certain trac t or lot of land, situate," See., (describing tie Islflot.) Hdd, That this langnag", as to the defendant's estate, was too loose and defective. Without being informed of the fncts relied on as constituting the estate, it could not le known, from the bill, whether the estate was valid or not; nor could the defendant know how to sLapo his defence. The description in this bill of the equitable estate should have been such as would have been neeessair l.ad the hill been filed by ti e defendant to enloice I. is right against the person having the legal estate. .4,irmtd. WrrsEsPAT, Septemler 4, 150. Tutor r.Jbdcn, et als. Error to the Woyr.e C. C. Blackford., J. Teetor, who was an assignee of a judgment against one Jesse Stewart, in the Wayne Circuit Court, directed an oider, in writing, to the clerk of said court, as follows: ''Cambridge City, February 7th, 146. To the clerk of the Wayne Circuit Court. Sir, Yon will please ny to William' Petty the amount of my claim w hich I hold against Jevse Stewart in the Wayne Circuit Couit, which was assigned to n e by Isaac Myers. (Signed) John Teetor." lhtd, That this order was not an assignment of the judgment, in equity, to Petty. Instead of being on assignment of tha iudgruent, it w as not to operate until the judgment haJ been extinguished bv the payment of it. A demurrer to a hill in chancery, fild bvthe assignee of a judgment to sahjeet real estate left by a deceased judgment debtor, w I ose estate w as alleged to b instil, vent, to the payment of the jngme')t, wi!l not he sustained liecansc the administrator of U.e deceased debtor s m ado a party to tho biil.. Levifscd. tCTln Nopvnr, it etmSted that the tvrmbrr of per. sons who a-e preparing to etrigra'e t Ameriri, amounts to 20)ü0, being two jcr cent, of the aciiif population f kingdom-