Indiana State Sentinel, Volume 10, Number 34, Indianapolis, Marion County, 23 January 1851 — Page 2
prevented him from fitting himself fur the duties of that otfiee. The court is of opinion that at (be time Colonel Bowles gave the order 'retreat he was under the impression that the artillery had retreated, when in fael the hattery at the time had gone to an advanced station, under the orders of General Lane, which rwders had not been communicated to Colonel Bowles. I suppose, Mr. President, that that disastrous event waa to be attributable to this fact. These men. as the testimony shows, were doing their duty. They had not hi nc bed at any point, but they mistook the movement of the battery which tbev had beeu supporting. All who know anything of the histoty ot that battle know that it was the artillery that saved the fortunes ol the day. I say the removal of that battery at the tunc, and under the circumstances, and the not communicating that fact to the officer in command of that regiment, was the sole cause of that disaster ; for the history and condoct ol the regiment up to that time prove that they did their duty as vailantlv as any men. "And in conclusion, the court find thai throughout the engagement and throughout the whole day Colonel Bowles evinced no want of personal courage or bravery, bat that he did manifest a want of capacity and judgment as a commander." I repeat, sir that when General Taylor made bis report to the Secretary of War, the court of inquiry hat) not been held, and it wss not known that the order had oeen given to ' retreat." If he had known the facts which were subsequently disclosed, I have no idea that he would have made such a report. After the court ol inquiry had sat, General Lane went to Gen. Taylor and desired him to made a supplemental report, but ho refused to make any coirectioa, for what reason I amuot informed. Then Gen Lane did complain of Gen. Tavlor, and vindicated the min under his command. But I lielievethc Senator from North Carolina is mistaken in supposing that General Lane assailed General Taylor's veracity or integrity, and that there is no good reason why Oeneral Lane should be removed from his office He had not failed in his dutv, either as a civilian or on th. battle field. Sir, I will cot trouble the Senate with further testimo. ny on the subject. General Lane stands vindicated before the world. Follow him from the time he entered tho enemy's country until be turned his back upon a conquered foe, and you find a series of achievements worthy the flag he defended, and not excelled by any officer, obi or young, above or below his rank, in the regular or volunteer ar.nv. I know what I sav on this point. I mea
sure mv words wen, alter having traeeo a nisiory 01 ms m '. - . e l I trnm ,Kf;mA he enured Mevieo until he left WftUI'Ul)(ll li mmwmmv uv .v - I it. The picture is not too highly colored. Others may have figured more conspicuously in print and lithograph- j tcallT; but when it comes to an active, practical use ot courage, energy, none, muscle, and nnnu, 1 set up oeneral Jo. Lane as a competitor for any prize of which American patriotism may promt the offer. These remarks I have deemed due the suubject and the occasion. Thev have been made iu no spirit of unkindness towards any one, but in vindication of history, as connected with ihe name of General Lane and his companions in arms, who need no defence where thev are known. w ' I a 1 INDIANA STATE SENTINEL WILLIAM J. BROWN, Editor. INDIANAPOLIS. JM AKV ft, MM. UMr. Theodore A. Foster, one of the proprietors of the Democratic Reiew, is now in our city, soliciting subscribers to that excellent National Deraor.atic magazine. All who are acquainted with ibis work, knw its I ntna as a political, literary and commercial journal. Mr. Foster comes here recommended by over five hundred prominent Democrats of New York and other States. He will call upon the memlers of the Legislature and Convention and our citizens, duriu this week, and we hope be will not be suffered to leave our city without first receiving a large addition of names to his Ust. Mr. F. hasonlv beeen hercadoy. yetquite a number have subscribed. We recommend him and bis work to all Democrats now in the city. (eneral Laue. The adjourned meeting at the eepiul, on Saturday evening last, composed of members of tiie Constitutional Convention, the State Legislature, and other citizens yf tha State now in Indianapolis, unanimously nominated Generol Lane as a candidate for the Presidency in 152. sr.bject to the decision of a National Democratic Convention. Mr. Owen, the chairman of the committee previously Appointed for that purpose, reported the resolutions. Messrs. Dumont, Pettit, Haddon, Craven?, Gov. Lane, Owen, Willard, McCoy, Sherrod,aad others, addressed the meeting in eloquent and enthusiastic speeches. Every speaker that addressed the meeting, while express. ii:g a decided preference for Genural Lane, and a determination to use all honorable exertions to procure the cooperation of other States in his support and nomination, still expressed an entire willingness to sustain the nominee of the Democratic party, whoever he might be. News has been received from Evansvilie that General is daily eipected at that city, on his return from Oregon , and a committee of reeeption has been appoint ed, under the expectation that he will visit Indianapolis should he return to Indiana previous to the adjournment of the Convention and the Legislature. Repeal of the Fugitive slave Law. The agitators continue to hold their Conventions and to circulate petitions in favor of the repeal of the fugitive slave law. Their denunciations since the law has tsen declared constitutional, seem r-.w to be levelled against that sacred instrument itself. This will have a good effect, and will separate from the fanatical abolitionists, the honest anti-;lavery man, who, whilst he op. poses the institution ot slavery in the abstract and desires to see no further extension, yet will not join in a war on the Constitution, and aid by his misguided zeal ta break up the best government on earth, and plunge his country into all the horrors of civil war, anil Iractrividal bloodshed. Public sentiment is now re-acting and opposition 10 the law and the Constitution, which a few months ago presented a fearful array, is now dwindling into a miserable faction. The South should know that 1 we do not intend to rob them of their rights. This done and I be Union is stronger than ever. Disregard those rights, and countenance, these continued assault, and it is a rope of sand. We copy the following notice of a speech recently j made at an abolition meeting iu Syracuse New York : "After the arrangement of preliminary business. Fred. Douglass spoke, in the course of which he said: He was a peace man, but he thought the convention ought to say to the slaveholders that they would risk bodily danger should they come to capture fugitives in this State. He thought this a religious duty, and nothing short of the blood of the slaveholder should appease the indignation of the friends of humanity in this State in the case of an attempted re-capture. He wanted the contention to point out the proper course to the friends of freedom throughout our Slate. He had grant faith in Moral suasion , but when the struggle comes on between the slave-catcher and the fugitive, and he sees no other way to rescue the latter, he would strike him down with as much composure and though tlesoess as he would a mood hound. He held that slaveholders had no right to exist, and if tbey came this way after fugitives they would probably be apprised of that fact. The slaveholders are used to inch talk. They keep the Northern people from ''Aggression'' upon the "rights of the South'' by such talk, and now let ns try its efficacy. We must, an did the Bostoniaas, make the fugitive law a dead letter : and the only effectual way of doing this. o his mind, was by making two or three dead slave holders. We are invited to the work of slaying slave catchers. A few examples made of thens will make all right . He commended the conrsa pursued by the citizeni of Boston towards Knight and Hughes, who pursued William and Ellen Crafts to that city, as worthy of imitation in all necessary eases. This fugitive law cannot be repealed. Oer enry course is to make it unsafe for the slave catchers or government officers to come after fugitives. He gave the instances of re-capture aad attempted re-cap-tar since the passage the of law The slave catchers base been intimidated from their work, and the only way to preserve the fugitives is to intimidate them more. He held that a man who would not fight, and kill if necessary, for his liberty, was not worthy of it." We now ask every honest man in the country if the - threatening ar.J slaughter" breathed out here can be perpetrated and this government preserved. Those who think it can, do not understand the people of the South Tbey have Constitutional rights, and if tbey are to he
not down and murdered on the high ways and pnblie : ed. places, when in pursuit of their riebt, they will resort j Mr. Reid reported back and recommended the indefito every means in their power for the protection of their nite postponement of the bill relative to suits at law. property, and the redress of their wrongs. The Got- Concurred in. ir ant will be at an end, and (be last hope of freedom I Mr. Athon reported back and recommended the inon this earth will be destroyed. defiinite postponement of the House bill to abolish the
Washington City Correspondence. Washington City, Jan. 10, 1851. The House for the last two days has been engaged in the discussion of the New Hampshire contested election. It was to-day settled in favor of Mr. Morrison, the sitting member. In the Senate the discussion on the removals of the late administration is in full tide of successful operation? The very able and forcible speech ol Mr. Bright called forth severe replies from Mangum ol North Carolina, and Kwing of Ohio. The latter ol wTiom denounced Weller as n drunkard and a public defaulter, awl Lane as a slanderer and coward, a charge which evenjthe Whigs of Indiana will not be very ready to believe. Ii Gen. Lane's removal had been placed on the true ground, his politics, no one would have complained. Gen. Lane wa- a Democrat and the administration was Whig, and he had no right to expect to be continued in office But when lor the sake of consistency. Mr Ewing, who was a member of the Ghalphin Cabinet, abandons that ground and attempts to hunt up frivolous charges against the Marion of the Mexican war, to jnstify the violation of pledges made by Gen. Taylor, the friends of Lane have a right to know the cause of his removal. He said that charges against him were now on file in the Indian bureau, but when the question was propounded to him by Mr. Dodge of Iowa, he was compelled to admit that they were made since General
Lane's removal. Taking advantage of the absence of Mr. Bright . with two thousand miles between him and Joe Lane, the valiant "salt boiler'' could afford to be very severe indeed. Ewing and Mangum are both in favor of Scott for tho next Presidency, not because tbey think he is qualified, but because they lielieve the people have no intelligence and will not elect any one except he be a military chieftain, and to give strength to Scott they must first kill off Lane. Mr. Julian made the first effort to repeal the fugitive slave law by a motion for leave to introduce a petition and have it referred to a select committee, with instruc- . , -, , ... a , ... . . ons 10 P' lc -BW "-u w " ,t lu'"J " " majority, and on a direct vote for his instructions to re peal the law, he could not have raised thirty votes. The abolitionists will now endeavc. to change the issue and make it on the right of petition. But they must have a better case than this, for under the rules Mr. Julian could have referred his petition at any time, but that would have availed him nothing, for there is no committee who would think of reporting in favor of the repeal , unless instructed, and the instructions was Mr. Julian's ob ject so avowed. In this I am glad he was defeated. I regret, however, that the first move should havo come from Indiana a State devoted to the Union. Mr. Julian mav have represented his district. He certainlv did not the State. XAVIER From the I.ofraiwport Pharoi. 1'nited States' Senator. On Saiurady last, Hon. Jesse D. Brioht wan re-elected hv the Legislature to the United States Senate for the term of six yen from the 4th of March next . This result is gratifying, and we are confident will meet the approbation of the large mass of the Democracy ol this county. The course of Mr. Bright at the last session was such as to demand the approval of his party, and the fact of bis re-election has put that approval in a tangible shape has told, ly acts that cannot be misunderstood, that the desire he manifested to aid in healing the difficulties which threatened to bring about, if not a dissolution of the Union, at least a disastrous state of affairs, is properly appreciated. Whatever there maylie wrong (if there is any thing that can justlv be thus termed) in the details of the Compromise Measures, their general correctness and fairness very few, if we except a certain class of ';one idea" politicians, will deny. Founded as our Union was by compromise cf questions of the most delicats and difficult character, it is not reasonably to be expected that this Confederacy can be preserved a beacon to the king-ridden, and a home for the oppressed unless the spirit that actuated the fathers of the Republic, actuates the men of the present generation. That such a spirit still exists, aud had vast influence over the minds of the statesmen whoso magnanimously aided in bringing the Union safely through the perils that of late surrounded it, is matter of heartfelt rejoicing to a vast majority ol the American people. And it is truly gratifying to see the Democratic party of Indiana coming up to the work, and showing that it supports those who support the Union, as was done on Saturday last in the election of Mr. Bright By the Indianapolis papers we learn that much excitement had prevailed in that place about the Senatorial election. A charge wa? made up, either oat of whole cloth or very poor materials, that Mr. Brioht, or his friends, had endeavored to bribe members to vote for him for Senator. The aspect of affairs was telegraphed to Mr. BaioHT, at Washington, on Friday, 3d inst, and on the 7th he was in Indianapolis, very much to the aston ishment of those who desired his defeat. The charges against him were of such a stamp that we deem him perfectly justifiable in leaving his seat in Washington to defend bis character against the attacks that were made upon him. The selection of Mr. Bright is doubly gratifying, as it was made over the avowed and bitter opposition of the Indiana Statesman, a paper that has been and is trying to do more to injure the Democratic partv in Indiana than the combined isms of Whiggery could effect. We rejoice that the Democratic Legislature has been true to itself true to the Union and truo to those who are willing to risk all political favor in their efforts to promote the harmony and prosperity of the Union in thus re-electing Mr. Bright INDIANA LEGISLATURE SENATE. BBPOBTBP FOR THE f TATE fKNTISKL BV f. . MOTX Fripav, January 17, 1851. Arrr.sNooN sessio.v. Senate met. The bill under consideration when the Senate adjourned at noon, was still the order, but was passed over informally. The order of the House in regard to authorizing the Auditor of State to audit the accounts of Austin H. 1 ISrown, fruiter to the Convention, was, on motion ot ' Mr. Harvey, referred to the committee on the judiI ciary. Messages from the House were taken up, and the ' bills and other matters therein contained were duly con sidered. The Senate receded from its amendment to the House bill reducing the fees of the Recorder of Brown county, which amendment was, to insert in the proper place, the "county of Morgan.'' A message of the House, n turning and concurring in the resolution of the Senate to adjourn on the third of 1 . t',. t . . ' 1 r v V I u ill, un nian.lmpnr ri-i-, ,1 i n rt tVto I llt'l 1, , H, -1, 1. I . I . . i I 1 I - , I I , I I 1 , f ,111111 I II. General Assembly shall have finished all its business." Mr. Athon reported a bill to establish an additional place of holding eletcions in Clark county. Mr. Dole reported a bill to change the time of hold- I n .1 Kead tnree ing Probate Courts in V ermillion countv times and pasted, f Mr. Herod introduced a bill to protect from waste certain lands therein named. Mr. Dawson presented a petition from citizens of De Kalb county, on the subject of reducing the lees of their county officers. Referred. The Senate adjourned. SENATE. STcarAr, Jan. 1, 1851. Senate met. PETITION'S PRESENTED. Bv Mr- Sleeth, a memorial of one hundrei and ninetythree ladies of Shelby ville, on the subject of legalizing the liquor traffic Referred to the committee on that snuject. Also, by Maasrs. De leva n aud Turraan, which were appropriately referred. Several bills were reported Laak, read the second time and ordered to be engrossed. Mr. Garver reported a bill authorizing licensed merchants to veno clocks without additional license. Bius introduced By Mr. Br ugh, a bill to constitute a school district j from a portion of territory in the counties of Grant and 1 Blackford. By Mr. Harvey, a bill to incorporate the Plaiufield ; Seminary. Also, by the same gentleman, a bill chang- j ing the modo of taking testimony in suits of chancery, j By Mr. Turman, a bill to incorporate the town ofj Covington, Fountain county. Referred Mr. leegarden offered a resolution, tbat when the I Senate adjonrn, it adjonrn until Monday next Adopt
office of Superintendent of the State Prison. Concurred
in. BILLS PASSED. The bill to repeal an act therein named The bill to amend an act restricting the County Com missioners of Steulicn fount v in levying a tax to fifty cents on the one hundred ''o'lars. House bill to amend an a t to incorporate th White County Monticello Bridge Company. House bill amending an act. incorporating certain turnpike companies therein named. Mr. Buckles repo; ted hack and recommended the in definite postponement of the bill to repeal section 148, hapt. 5, revised statutes. 1843. Concurred in. Mr. Dunn reported back the bill to amend the act to exempt from taxation for corporation purposes certain lands within the present limits ol Lawrenceburg, aud re commended its indefinite postponement . Concurred in. Mr. Buckles reported back and recommended the indefinite postponement of the bill of the House, fixing the salarv ol the Auditor of Oweneouatv. Concurred in. Senate and House bills were taken up on their second reading, referred or engrossed. Staate bill allowing Jeputv clerks to practice law. was laid 011 the table. The bill vacating a part of water street in the town of Williamsport, Warren county , was read the second time. 1 he rules were suspendec! and the bill pas.-jetf . Mr. Porter reported back and recommended the pas sage of the original joint resolution on the subject of donating land tolludiana for the Kent fit of the Alton, Mt. Carmel, and New Albany Railroad. Mr. Buckles moved to amend bv including all the rail roads in the State. Mr. Miller moved to lay the amendment on the table. Lost. Mr. Montgomery moved to amend bv adding, - and all plank roads." Lost. Mr. rirtigh moved lurthcr to amend bv adil.ne-. -and all ihe State and Count r roads in the State." These amendments excited considerable debate Messrs. Porter, Herod. Hamrick, Miller, Winstandlev. Dunn, and Graham in opposition and in favor of the original resolution, and Messrs. Berry, Montgomery, Millikin Buckles, and Ellis against the resolution or in favor of making the provisions either general or to include other leading roads in the State. Mr. Montgomery moved to re-comit the bill and pending amendments with instructions to amend so as to include all the public improvements in the State. Mr. English moved to amend the instructions, so as to memorialize Congress to grant all the lands in Indiana to the State to be disposed of by future legislation Mr. English supported his preposition with a few explanatory remarks. His object was to get possession of the lands first, and then dispose of them afterwards to the best advantage, and appropriate their proceeds in that way which snail be most conducive to the interest and welfare of the State. Mr. Reid took the same position. Mr. Ellis opposed the project of asking lands for the benefit of Illinois, principally on the ground of the illiberal course tbat State bad pursued towards the people of this State. Mr. Dunn advocated the resolution at some length, in reply to Mr. Ellis, and the several objections which had been raised against the resolution. Mr. English replied, when. On motion, The Senate adjourned. SENATS. Monday, January 20, 18M. The Senate assembled PETITIONS PRESENTED. By Messrs. Garver and OJell, which were referred. Mr. Buckles, from tho judiciary committee, reported against ' making the granting of a change of venue in criminal cases, discretionary with the court ; which was concurred in. Mr. Reid, from the same committee, reported a bill relative to crime and punishment. This bill makes it a eriminal offence to et on tire any building or water craft, 8tc Mr. Buckles reported back a bill to repeal that portion of the Revised Statutes of 1343, which prohibits deputy clerks from practising law, so far as relates to the county of Boone. Mr. Dunn moved to amend by adding "the counties of Lawrence and Martin." Carried. Mr. Reid reported a bill declaring all persons who work out a road tax within the corporate limits of a town, exempt from working out such tax within such limits. The joint resolution, asking a grant of land for the use of the Mount Carnivl and New Albany Railroad, was takeu up. The question was on adopting tho instructions offered by Mr. fcnglish 29, noes 14 The instructions were adopted, ayes The resolution was re-committed with instructions. Mr. Dunn reported back the joint resolution giving the right of purchase to the United Stetes of a site for the erection of a Marine Hospital at Evansvilie, Ind., with an amendment changing the location to New Albany . The question was on concurring in the amendment proposed by the committee. Messrs. Dunn, Winstandley, Cravens, and Athon. spoke in favor of the amendment, and Messrs. Graham, Ellis, Niblack, Dole, Montgomery, and Reid, in opposition. Mr. Graham moved to lay the amendment on the table. Carried, ayes 3G, noes 5. Mr. Graham moved to suspend the rules to allow the bill to be read a third time. Caried. The resolution passed. Mr. Winstandley reported back the bill reorganizing the Evansvilie Insurance Companies. Mr. McCarty moved to amend so as to restrict the ! companies in dealing in bills of exchange to the rate of six per cent, interest. Adopted. Mr. Graham moved to amend by providing that should saiu companies not re-organize under this act, they may increase their capita! stock to $200,000. change theä corporate name, &c. Adopted. Mr. Ellis moved to amend by providing that the charters should not be altered or amended until sixty days notice is given to the officers of said companies. Carried. Mr. Eddy reported back a bill to incorporate the Wabash R. R. Co.. with several amendments; which were concurred in. Mr. Ellis moved to amend by making Vincennes a point in said road. Carried. Mr. Cravens moved to amend by striking out all that relates to counties taking stock in said road fcThe Senate adjourned. CONSTITUTIONAL CONVENTION. REPORTED FOX THE STATE SE.VTI.VEL BY N. BOLTON. Friday, January 17, 1851. The Convention was opened with prayer by the Rev. Mr. Long. The section in relation to reprieves and pardons v as read a third time, and passed. The article reported from the committee on homestead exemption, was read a second time, and laid on the table, ayes 80, noes 37. The section in relation to the style of process, was passed. The section providing that 110 county shall subscribe for stock in any incorporated company, unless paid for at time ; nor snail any county loan her credit to, or bor row money tor, the purpose of taking stock in any incorporated company, was read a second time; when Mr. Baacom moved to amend by adding nor shall the General Assembly on behalf of the Slate, assume the i debts of any cqunty, citv, town, or township, or of any m ,gjg.j whatever. m ti r 1 j 1 . 1 . . ir. repper 01 vrawioru moveu to lay on tne tame; negatived, ayes 25, noes 94. Mr. Borden supported the amendment as well calculated to prevent wild and extravagant loans. Mr. Pettit said, he was opposed to State indebtedness and not less so to small bodies, such as counties, cities, kc. He rose to warn the Convention and the people, of what would be the operation of law in the case of county indebtedness. In case of debts contracted by counties, cities, or other political bodies, he contended that v ue never the question should be legally tested, the farms and other property of the people would be sold on execution te pay the debt. It was for this reason, that he supported the amendment, because he did not wish the indebtedness to be shifted to the State, and consequently to the people of the counties that are not in debt. He represented a county as much infected with this mania as any other, and he felt the more free to express bis views, on that account. Mr. Kit. 3 - moved to recommit with instructions to emI brace the pending amendments; also, to allow counties to contract debts, when submitted to a vote of the peonie. Mr Kb1.0 supported his amendment. He thought the Convention was too anxiou- to tie up tha hands of the people. Mr. Spann opposed the reference, and urged the impolicy of submitting such questions to the people. He supported the amendment of the gentleman from Wells, (Mr. Bascom.) The Convention then refused to recommit; adopted Mr. Bascom's amendment, and ordered the section, as ; amended, to be engrossed COCRTS. The section providing thnt the judhial power of this State shall be vested in one supreme court, in circuit courts, and in sncb other inferior courts as the General Assembly may establish, was rend a second time, and ordered to be engrossed .
The section providing that the supreme court shall
consist of five judges, to hold their olfice six years the State to be divided into five supreme court districts and a judge shall reside in and be elected by the electors of each district, was read a second time ; when Mr. Pettit moved to amend, so that one indge shall reside in each district, but the whole five shall be elected by a joint vote of the people of the whole State all the judges to be elected at the same time. Mr. Pettit sustained his amendment, because the peo ple in every portion of the State are equally interested in the decisions, and should have a voice in electing the whole court. There was a propriety in locating the judges in districts, because by locating ihera in the different districts, they would have a better idea of all questions brought before the court. Mr. Newman delendetl a separate vote bv districts,
because this was theonlv method b- which the people of tain fees in this court to tie deposited in the count v treasa particular district might obtain its choice for judge. ury, to pay the judge any deficit to be paid by the sevThere need be no fears that the interests of the people i era! counties Courts of conciliation to be established , woald suffer by this method of electing. Unless this for the trial of cases agreed upon by the parties, he., provision is adopted he saw no necessity of dividing the , fee. ; which being out of order, be withdrew his instrucState into districts. tions for the present . Mr. Bascom moved to amend Mr. Pettit's amendment , . Mr McClelland then moved to rc-iomrnit ilh tnby striking out the word "all judges to be elected at I structions to amend, by adding that there shah be a the same time." Register elected in each county, to hold his office for Mr. Kelso opposed Mr. Pettit's amendment. He three years, who shall transact probate biwnos. fco wished to avoid as far as possible, any political connee- Lost. tion with the election of judges. Mr. Thornton then moved to recommit with instrmMr. Walpolc thought three judges were sufficient, tions to amend, so that the judicial power shall be vested The people had not sent him here to increase the number in a Supreme Court, Circuit Courts, Countv Courts. of officers. j justices of the peace, kc. ; which motion prevailed, and Mr. Pettit said, there was a great difference in the the section was so re-committed.
State of Indiana, since the adoption of the present Con- ' Mr. Pettit moved to rv-commit the second section, stitution Indiana at that time, contained a population of ! with instructions to amend . so that the Supreme Judges fifty thousand inhabitants, r.ow wc have a million. The ' shall be elected by the eople of the whole Stale. The business was now greatly behind, and sin;e the com- : vote on vesterday electing tho Judges by single Dismenceraent of the session of this Convention, four or five trictst Mr. Pettit said, indicated n retrograde movement hundred more cases had leen added. j of more than a hundred years, even from our present Mr. Niles favored five judges. Delay was against 1 mode of appointing. For the Governor, elected by the the interests of all. The expense was no consideration j whole people, appoints. As well, he contended, might
in connection wiin me public benent, lor all men were inc people 111 the county m which a candidate lor Govliable at any moment, to be involved in law suit. He ernor resides, elect that officer. He contended thai the favored the election by districts. An election by the election by Districts would lead to a gerrymandering of State at large, might result in the election of better poi- the State. itician, but not better lawyers. The people of a dis- j Mr. Kelso opposed re-committing, trict would know their man better than the State at j Mr. Niles denied that there would lc any difficulty, so large. He had confidence that these elections would j far es the formation of Districts is concerned." He not be decided altogether on party grounds. ! hoped thnt the time would never come, when candidates
Mr. rrather moved that the amendments be laid ipon the table. Mr. Bascom's amendment was laid upon the table. I The question was theH taken on laving Mr. Pettit's j amendment electing the judges by general ticket 1 on the table, and decided in the affirmative, ayes 75, j noes 47. j Mr. Nave moved to amend, so that tho number of j judges shall not lie less than three nor more than five, a ! majority of whom shall be a quorum, to be elected bv districts, and to bold ther offices six vears, &e Mr. Pettit said, the whole syraetry of the system was destroyed by the rejection of his amendment. " He therefore moved to lay the section on the table. Lost. Mr. Newman thought five the proper number; but we should give the Legislature some discretionary power, where we did not impair the vital principles of good govornment. Mr. Reid of Clark would support the amendment ; but he thought three judges sufficient to do the business at this time, should a reporter be appointed. Hereafter the number might lie increased. The previous question was called and sustained, but before the vote was taken, the Convention adjourned. In the afternoon, Mr. Nave's amendment was adopted , ayes 67 , noes 40. The section, as amended, was then ordered to be engrossed . The section providing that the supreme court shall have jurisdiction in appeal cases and writs of error, fee., was ordered to bo enjjrossed. ti .: : in . . 1 . . - . uc aevuu.. p.owuu g .or mt- apjioiuiuioH 01 a cieik wo 1 uj .C juu, ou n scconu time; when after being amended, so that the clerk slcill be eleeted by the people of the State for four years, was ordered to be engrossed. The section providing for the appointment of a reporter, (not one of the judges) by the court, removeable at its will, was rend a second time; when Mr. McClelland moved to amend, so that the reporter shall be elected by the people; not adopted, ayes 56, noes 66. The section was then lost on the questien of engrossment. The section for the appointment of a sheriff by the supreme court, was read a second time; when Mr. McClelland moved that he be elected by the people ; when On motion of Mr. Kent, the section and amendment, were laid upon the table -The section providing that the State shall be divided I into twenty circuits and a circuit judge elected in each, to nciu uis omce ior six years, war rcau a second lime ; when Mr. Smith of Ripley moved to amend, so that the State shall be divided into a suitable number of circuit and a judge fleeted in each, to hold his office for four years, but not to be eligible more than eight years in every twelve years. Mr. Holman moved to amend the original section, so as to strike out the words "at least twenty," and insert ''twenty-four.'" His object was to transfer the probate business to the circuit courts. We have now in Indiana, two hundred and eighty-six judges, including probate judges. His plan would reduce the number greatly. He contended , that the character of the probate court would be elevated, the decisions be uniform and correct, and the entire expense greatly reduced by a transfer to the circuit courts. Mr. Borden gave his views at length, in favor of transferring the probate business to the circuit courts; or to properly constituted county courts, and iceidentallv fnvored a circuit system for the supreme court. He hoped thai no court would exist nut such as wasclearlv denned ! in the Constitution Mr. Lockhart moved that for the time being, the section and amendments be laid upon the table; carried. The section providing that the circuit court shall be composed of one judge only and shall hold three terms in each county, was read a second time. Mr. Holman then moved to amend, so that the circuit court shall be compos jd of one judge only, and shall
hold at least, two terms of the cireuit court, and at tended that the system he advocated wag the least xleast three terms for probate business. pensive. He was in favor of giving the judges a thouMr. Hovey moved to amend by adding ' providing j sand dollars salai v. that the circuit and probate courts shall be held at mt- Mr. Borden wished to make a few suggestions before ferent terms, and shall, in no case, be joined together." j offering amendments. The first suggestion was. thai The discussion was continued by Messrs. Holman. no judge should be eligible to any other office during his Wolfe, Owen. Bascom, and Kilgore; when term of service. Another suggestion was, that the Mr. Hovey withdrew his amendment. j Judges should ro out of office gradually. Another, that Mr. WaHace then moved, that for the present, and in the Supreme Court should hold a session in everv Circuit,
order to give time for consideration, he would move to lay the section and amendment upon the table. Carried. The section providing that the judge of one circuit may hold the court of another, was read a second time, and ordered to be engrossed. Mr. Hovey offered an additional section that no judge shall be authorized to report the decisions of the supreme court; which was adopted, and then ordered to be engrossed. Mr. Howo ofTered a section providing for a county judge with a salarv of five hundred dollars, to paid out of the county treasury, and to be allowed fees', to transact probate business ; laid on the table for the time being. The seotion providing for the election of a clerk, to hold his office six years, was read a second time; when Mr. Holman moved to amend, so that there shall be elected a clerk of the circuit court, and a clerk of the probate court, to hold their offices four years; provided, that in counties having under two thousand voters, the same person mav be elected to both offices. Mr. Hovey moved to amend by striking out thousand," and inserting "three thousand." two The section and amendments were then laid on the table. Mr- Holman offered a section that the probate court shail have such civil, and the circuit court such civil and criminal jurisdiction as may be prescribed by law; laid on the table. The seetiou providing that all judicial officers shall be conservators of tho peace, 4tc., was ordered to be engrossed The Convention then adjourned. Saturday, January 18, 1851. The Convention was opened by prayer by the Rev. Mr. New. Mr. Hovey presented a petition from citizens of Posey county, against the section adopted by the Convention, prohibiting a public debt, and in favor of an extension of the present or some general system of banking, x laid on tne table. Mr. Ristine offered a resolution in relation to a sale of the stock in the State Bank of Indiana, and the application of the profits to common schools; laid over. By Mr. Frisbie, as to the expedncy of permitting every free white male citizen over twenty-one years to practice law : adopted. By Mr. Milroy, as to the expediency of fixing a minimum and maximum of salaries ; adopted. Several sections ordered to be engrossed, were read a third time and passed. The section prohibiting county debts, and the assumption of such debts by the State, was read a third time; wnen Mr. Helm moved to re-commit with instructions to amend, so that further restrictions on the rights of the people are unnecessary. Mr. Helm opposed the restrictions contained in the section, and referred to the action of the Legislature in passing bills over the veto of the Governor. Mr Gordon moved to amend the section, so that no county shall subscribe for stock unlers' ordered bv a vote of tbe people; which was accepted.
The on .slion was then taken on re-comnuttiiig with
the instructions, and decided in the negative, aye 17, ' noc.. 74 . The set tfon then passed, ayes 93, noes 22. The se lion, providingthat '.h- judicial power shall be ve-ted in .1 Supreme aud Circuit Courts, Sic., was read i a third time; when Mr. Thornton moved to re-commit with instructions j to strike out, and providing for Circuit Judges, leaving tenure of 4fice and salaries to tho Legislature. There shall also be n Chief Justice electeT. who. with the Circuit Judges, shall constitute the Supreme Court, who : shall hold a com t in Bank for the adjudication of re-1 peal case-.. An Attornev General to lie elected, who shall be ihe Reporter of the decisions of the Supreme Court. A county court shall be established t transact probate business, and to try minor crimiual cases; ccrtor Judges would become stump orators, Mr. Borden hoped the Judges would be elected by the people of the whole State. A Judge of the Supreme Court should have a State-wide reputation, Mr. Dobson took the same view of I no question, and was surprised at the vote taken on yesterday. It was going back instead of forward, in reform. He felt satisfied the vote of yesterday, would lie rectified, The section was then re-committed with Mr. Pettit's I instructions, aves 6, noes o7. The section, providing that the Supreme Court shall have jurisdiction in appeal cases anu writs of error, itc.. was read a third time; when Mr. Nave moved to re-commit, with instructions to strike out so much as gives the Legislature power to confer original jurisdiction; which motion did not prevail. The section then passed, and the Convention adjourned. In the afternoon the section providing for the election of a clerk of the Supreme Court by the people of the State to hold his office four years, was read a third time and passed; also, the section that one Circuit Judge may hold the courts of another; and, also, the section providing that the Judges shall be conservators of the peace. The section providing for the speedy publication o the decisions of the supreme Court, but no Jiulge shall report the decisions, was read a third lime und passed. inr. nowe moveu 10 reconsider tue vote on I living court , ""- - the section on tiie tadle, providing lor a count v , l0 trailiat.t ,,robaie business, with not less than five linn dred oul!tl, fo (. ,,ajJ ut 0f ,(ie P(lntv Measurv . and such perquisites or fees as may lie designated bv the Le I isiatuie: which motion prevailed. Mr. Pettit moved to strike out the section and insert a j substitute providiag for a county court, to be composed j of one judge, to take charge of probate business, to lie his own clerk, to serve four years, Sic., and perform I such other duties as may be prescribed by law, which was not auopteu, ayes 4U, noes 10. Mr. Howe's section was then laid 011 the table. William Johnson, a Delegate from the county of Orange, appeared, proeuced his credentials, wa worn into office, and took his seat. The Convention then Adjourned Monday, January 20, 1851. The Convention was , opened with praver lv the Rev. Mr. Wilson of Lafayj ette. The Convention resumed the consideration of the ; grand jury question the pending questions being on amendments offered by Mr. Lockhart and Mr. Smith ol t Ripley providing for grand juries, and by Mr. Pepper of ! Crawford, leaving it an open question tor the Legisla ture. Mr. Pettit moved that the amendments lie laid upon the table, with the view of offering an amendment providing that "the Legislature may continue, abolish or raodily the grand jury system." The amendments were laid upon the table Mr. Lockhart s amendment bv a vote of ayes 67, uoes 51. Mr. Pettit then moved his amendment, providing that "the Legislature mav continue, abolish or modify the grand jurv svstem ;" which amendment was adopted, ayes 93, noes 28. The section was then nrdeied to be engrossed. The section providing for the election of an Attorney General was, for the time being ; laid upon the table. 1 he section providing that the State shall be divided into "twenty circuits" was taken up the pending qnes tion being Mr. Holman's amendment 10 strike out "20 j and insert "24." The object of Mr. Holman, it will be ! recollected, in making this amendment, was to transfer the probate business to the Circuit Court. Mr. Hnvey gave his views at length in favor of the 1 amendment and the transaction of the probate business by the Circuit Courts. He said that no one could calmly sit down and look over the history of the Probate Court of any one county in the State, without seeing the necessity of a change. He then contrasted the expense of a county and the proposed Circuit system, and conin order to accommodate the people in bringing justice as nearly to their doors as possible. Another was that the salarv of Judges should le ixed in the Constitution. He also üoubted whether six years was not too short a term for judges. He thought he saw a disposition on the part of the Convention to leave the Probate question open to the Legislature. This be thought should not be done; but that the question should be definitely settled. Mr. Clark of Tippecanoe preferred the present system to transfer to the Circuit Court. The establishment ol j ajcounty court would result in no improvement on the present system. He preferred leaving the matter open to ; the Legislature. A system might then be adopted to i meet the growing wants, interests and eircumstanc?s ol I the State. Mr. Ristine thought, that in advocating a transfer ol j probate business to the Circuit Courts, and the fault I found with the present system, gentlemen had widely I missed the mark, in their arguments. The law, more ! than any thing else, was in fault. Administrators wer ' frequently appoint' d who could not write their names ; A remedy should be made in our laws, by permittini' none but competent persons to be appointed as administiators. He was opposed to goini; into details in any svstem thtit might lie adopted. Mr. Foster advocated a transfer of the probate bnsi- ' ness to the Circuit Courts, ! Mr. Cookerly moved that Mr. Holman's amendment j be laid upon the table; when Mr. Holman withdrew his amendment. 1 Mr. Newman then moved to amend, so that the State should lie divided into Circuits leaving the number to be fixed hv the Legislature Mr. Kelso contended that there were manv probate judges in the State who were ignorant even of the statute laws. He was opposed to Mr. Newman's amendment, which left the matter open to the Legislature. Mi . Cookerly opposed a transfer to the Circuit Court. He hoped the amendment of the gentleman from Wayne would lie adopted. He was in favor of a county court Mr. Morrison of Mariou opposed the creation cf twen ty circuits. He was opposed to a transfer of probate business to the Circuit Court. A large number of Circuits would depreciate the character of the Circuit Court. He was in favor of something like tbe surrogate system. He would make the Judge elective every two years. After remarks from Mr. Pettit Mr. Newman's amendment was adopted. Mr. Wolfe moved to amend, so as to fix the term of tL judges at four instead of six years. Mr. Dunn of Jefferson moved that the amendment lie laid upon the table ; which motion prevailed. Mr. Smith of Ripley moved to amend, so that the ludge shall not be eligible to any other office during bis term of service, and only eligible six iu twelve years; ' laid on the table, ayes 96, noes 27. Mr. March moved to amend, so that judicial officers , shall not be eligible to any other office during the time j for which they are elected j which was adopted Mr. McClelland moved to take from the table the I amendment of Mr. Wolfe fixing the term of office of citcuit judges at four years instead ef six, which motion
did not prevail, ayes 47, noes 73.
The question then recurred on the amendment uf Mr
hmith ol Kipk V; striking out 1 pi. 1 vision, that the State shall number ot' circuits the judge years ; but to be only eligible t n und inserting a -d into a suitable tin ir offices four any term ol er :c laid upon nan. and bv twelve years. Mr. Colfax moved that the amendment 1 the table; carried, ayes tJ6, noes 49. The section, ns amended bv Mr. Xcvvi: Mr. March, was then rdered to be engross The Convention then adjourned. In the afternoon a section was ordered . le eugrosed. providing that the circuit court shall mMH of bat ue judge, who shall bold as munv term as mav be provided bv law. Most of the afternoon was consumed in the of the section iu relation to law reform. 8tc L i f o u the Border No. II BV rOEA MONTC.OMKkV Eagle Pass. Texas, Dec. 10, 185U We have the living counterpart of Cooper's leatbei stocking here at Eagle Pass, only that our wild and honest hunter is a married man. Can vnu tuner the simple and iiK-ere woidsinau of the ' Last of the Mohican,' falling in love and winning the heart of a lively ambitious girl of mixed blood, whose whole amiiiiioa is to live in the settled and comfortable independence of the white women? If you can: if you can fancy the rover of the wilderness, ruling down Lis strong impulses awl striving with the docility ol a child, to build, and plaai , and gather wealth, in the fashion of the whites, to please his wife, and beaming all over with nii,l -. iridis-tion to see her and the children dressed out in their tnste, you uave before you our Baptistc. He is a born 1 rede of Louisiana, of French parents, but he cannot live among houses tbat is he could not. if d uiustic affection did not draw him with books of steel and bind him down where his industrious little wife can "dress and school her child ren like other Christians " They are boib irreal favor ites of iniue, and 1 should be soriv lo conless how manv scores of my genteel acquaintance I would sooner part with than Baptiste and his familv. His tall form, in describable head gear and never missing gun Bapuste without his gun would not be Baptiste looms along daily, and without more trenne deposits a choi- L wild turkey, a brace of ducks, or a handful of pigeons and patridges at the kitchen door und disappears. He hates Indians of course, all borderers do. unless perhaps they make an exception of some particular tribe, with which tbey maintain a treaty of warm alliance and friendship, Baptiste has no exceptions and thinks they were created to be killed like rats, snakes and game Not to kill one that came fairly in his way would burthen his conscience: he would feel like one that has omitted to perform a serious duty. Then he so despises the poor Mexicans. It is no common contempt he foeU. it is complete and thorough and extends to all things that any of them can probably say. do or propose, but like his hatred of the Indians, it is m tempered by his guileless nature that all our Mexicans like him. and confide in him, even while thev live iu perpetual awe of bis summarry outdcaling of justice. SKn alter he came here ; but I must first describe lu dwelling for it is like himself, a carious irralt of civili zation on tue natural slock. Uur emiiryo '.own he- on a sloping prairie, sprinkled with musijueet trees like a v; st and venerable peach orchard, and falling in successive platforms or terraces down to the river's edge. The bank nearest to the actual water brim is a steep bliiii ot ten or twelve feet in height, and in the lace of this bluff our man of nature has concealed bis dwelling. I fay concealed, for there is no sin of habitation until yti have penetrated the cunning little ravine that leads tolas door, and there yon are surprised to find a spacious and convenient chamlier sxiieil out of the bill ide. One side, that on the face of the bank, and looking towards the river is latticed with cane and hidden by the herliege. but it is sufficiently open to receive the cheering breeze and liesh light of this mild climate The other three sides are cut square ami even from the solid earib, which ktfera sandy, with a slight admixture of clay, and these are mud washed and neatly whitened. I he poles for the roof rests, closcry laid, u these walls, and across them again is a cross carpeting of reeds. and over tiie whole a thick layer of grass and earth. A carriage might drivn over tiie roof without endangering it. and scarcely suspect the existence of a dwelling beneath. This is Bapliste's own handy work. Hi wile grew tired of living among the Mexicans on the other side of the river, and in the intervals of his employment at getting out some lumber on this side, he dug the cave, cut his reeds and 1 afters, biought them in his canoefrom an island nearly opposite, and almost ingle handed prepared this for her temjiorary residence. They have cow s.sw n.e and j ml. try, for his wife is a pattern of thrift and industry, and in" the spring tbey will build a buse of stones and adobes and convert this into a 100! , commodious dairy room . The vexatious scarcity of good mechanics, and in default of saw mills, the enormous price of lumber eighty dollars tbe thousand feet makes these adolies or no mean value to builders on the Rio Grande. Thev are the same description 01 immense mud -moulded, sun-dried bricks of which the inferior walls of ancient Babylon was built and such as the children of Israel were set to make by their Egyptian task-masters. The Mexicans pile up these adobes in masive walls, with few openings, aud thcu plaster au. I w hite-wash them. This gives a heavy and peculiar effect to their houses; they look like huge square blocks with huge barn doors set before them. They have none of the lightness aod grace imparted by frequent and symmetrical windows. Mexican masons cannot build unless they are provided with three times the quantity of material tbat an American would require to give the same strength, and ten times the finish and beauty. They are patient of reproof, and willing to learn, but tbey arc marvellously slow to understand and retaiu Bny improvements upon the ways of their fathers. A corps of mechanics consisting of a mason or two, a carpenter with an axeman for rough hewing, a cabinet maker and ooe competent to set up well making (for every body needs w ater at the door, and every body is willing to pay for it) would find sure emyloyment, and an immediate independence at Eagle Pass. Tbey could build up homes and homesteads for "themselves, while they were putting up houses and stores for the merchants änd others who ore pouring into this newly opened gate to the silver mines and trade of noithern Mexico. From the start they euld commsnd the essential comforts of life, and obtain land, stock, aod much other liberal encouragement in return for their skill and industry, if thev were capaple, intelligent and disposed to become good and permanent citizens. This is a remote and neglected corner of the Union. We know perfectly well that the late President meant us. when be talked of establishing kindly relations with "the rest of mankind,'' and if he had lived it might have come to pass; but even now we arc almost in the Union. If it is bnt a short two hundred miles, and a good natural read, from here to Corpus Christi, an 1 if emmigrants woukl bring with them a strong waggon, or cart, for each family, tbey could buy at that place, or if tbey landed there, at Port Lavaca, a fine yoke of oxen for $25 or $30, and come on their way at almost no expense and in perfect independence. When here it they mJ taken with tbe gold fever they are already over balf difficulty and expense of going to California, and Si w Mexico stands wide epen , a 1 ich . nntilled and inviting field to every class of enterprise--! x law and fanning. Thev have more than enough of over-acute lawyers and not acute enough common laborers in their peons and their owners. But these are the only class, who know any thing, or do any tiling, of wbicli the land of silver has un abundant supply. Governor's Message. This sound and able document occupies a large portion ol to days paper ; but its perusal will repay the reader two-told. There is in this message a great deal of useful information, which no citizen of Indiana should lie ignorant of. Ou the whole it is replete with practical good sense, a quality which renders it at once agreeable and instructive. Gov. Wright Indiana in her proper position in regard to national questions, and her people will sustain it. regardless of the ravings of a few bigoted and fanatical destructionisis, whom she has the misfortune to recognize as citizens Indiana has nothing to fear so long as such men as Joseph A. Wright are entrusted with the iiiauaginent of affairs. Wathingtun Democrat. Governor's Message. In this number of the New, we lav belore its readers, the annual message of Governor "Wright. Wc hope its great length will not deter any citizen from giving it an attentive perusal, as it touches upon subjects of deep interest to the people of Indiana. It is a plain common sense document, breathing a spirit of freedom worthy of the bead and heart that produced it. The Salem Weekly Aeic. The Govebnor's Message We give the Governor's message this week, entire, to the exclusion of much important matter although it is very lengthy thinking the desire our readers leel to see it sufficient to justify the exclusion of our usual variety of" news. Sic. In the eyes of all printers the Governor has committed an unpardonable sin in writing the longthy message he has. The suggestions it contains, however, are all well worthy tbe serious consideration of the Lc;iis itnre and the people generally . If the policy so "arnestly recoramended in this document is carried out, Indiana will at . nee rise in tbe scale of importance amonc her sister States, aad the world at large. Governor Wright never uttered a more correct sentence than the one on common schools , the conclusion of which is as follows: "If vk pan not for the education of the boy. ire shail surely pay double fvr the ignorance of the man. Putnam co Sentinel. IT" The consumption of Pittsburg coal iu Louisville, during the past year, is estimated at 2.000,000 bushels.
