Jasper Banner, Volume 2, Number 9, Rensselaer, Jasper County, 5 April 1855 — Page 2

■ -■ - x_i j ii JASPER BA<a-; RENSSELAER. IND . ■ ~„jj. -i ‘ tShURSDAY. APRIL >* 1H ‘ ■ - .

ylarq ** authorized, t/raet-as ourngtitit in fe*ocuring subscribers to the “Banner.?i < Ayr John <o***3 E*V is authorized to •A M o«t »g«nt, in receiving subscriptiam to the 'Banner. ' j

Pigeon Hunt.

,Oar pmcluni for sporting induced j wj due night last week to visit a piganmf 15 miles from this place j where we remained untiTmorn ing. It was our first visit to a pigeon roost, (we say nothing of other t roosts) and although we have heard ( wonderfiil accounts of the immense quantities of congregate in these places, we had but a meager conception of what we witnessed on this, occasion. r They began to collect about dark, and continued, flight after flight, to pour in till mid-night. The roost as atuas we conJJ ascertain,extended for a distance of three miles along the margin of the timber, in the vi- ■ cinity of Beaver Lake. Reports of guns were heard in ev-i erv direction —-and at every discharge immense, dense bodies would rise so as almost to obscure the light of the moon, which was shining in midsplendor. After bagging between two and three hundred of these birds, which, for this season of the year, are remarkably fat and fine flavored, we repaired to the residence of our esteemed fellow-citizen, T. Babkem, who, though inimical to the, Banner, was nevertheless disposed to j furnish us wfthahßXcellerrt break- j fast, to which we did ample justice. ! * # * * * . Here the effects —perhaps —of the editor's pigeon hunt began to manifest themselves, in the form of a severe chill, which prevented him from completing the above.—Printer. Uj’At the April Election held on Monday last, Robert Parker and Wm. Hopkins, were elected Justices of the Peace for Marion Township, r _ ’ *■’ —7 “ QTPWm. J. Burns has returned to Plymouth and again taken in charge the ‘‘Banner” the broad folds of wnich already begin to flaunt upon the breeze most gracefully, and with increased beauty. “May health and and success, attend the Banner and its indefatigable editor. i < ■' ■ ) IW> I Kansas Item. —The official returns ; show the whole number of the voters of the territory to be 3,03 G, distributed though 18 election districts. X7*By a teligram received from Washington, dated March the 22d, wo learn the President has no intentions of making any appeals to the home government in the case of the El Dorado outrage, but has demand- , ed of Gen. Concha immediate satisfaction. The dispatch containing these demands is now on its way, by •peciaiagent.to out naval commander in the South American seas, and after delivery to that officer he will proceed with it to Cuba, with all the Available American vessels-of-war that can be found on that station.— Thus much is known, and the remainder will have to remain a secret for a few days. There is to be no longer federated the trifling policy manifest ed by Spain in its relations with fee United States, and this will be clear- i !y shown in the case of the El Dorado. OCT’A Mr. Miller, pi’ Detroit, has devised a plan of working kers of Railway Pars by steam from fee locomotive, which stops the cars Very suddenly. Thia is an invention, flfeow ecess of which will benefit not ; <6nly railway managers, but all mankind who travel on these roads.— jjvery felting which contrbuteft toward promoting the safety of this species of traveling must bp hailed as a boon has been shipped to the Eait fiwiy Reloit, Wisconsin, during th© quail season just past, twelve tons ofifeW - ’ The birds, says the J<wr-j place, averaged seyjn ounce* each, making about HO.' tlrnffiandin number. '■'■77p.

Our Differenees With Spain Adjusted.

We have received authentic and 1 entirely reliable intelligence of the ! arrival of dispatches from the SpanI Ish Government by the last ateameri in which every demand made by fee President upon the Spanish Government, growing out of the Black Warrior difficulty, has been acceded to. ' What these demand* were are set forth at length in the letter of the Secretary oft State to Mr. Soule dotted June-22,1854, with the general tenor of which our readers are familI iar. In that paper Mr. Marcy claimed: first, That if the manifest of the I Black Warrior was not in a strict conformity to Jaw (and it was upon; this ground the seizure of the Black I the Custom-House officers at Cuba, who not only permitted, but directed the form of making it. This fact is now understood to be admitted by Spain. Secondly, Mr. Marcy insisted that the consignee of the Black Warrior was entitled to twelve hours, after the arrival of the vessel, to amend the manifest; that he offered to doit in this case, and that permission was refused him. -- This fact, also, we are assured, is conceded by the Spanish Government. 77— t~

Thirdly, Compensation was asked for the loss consequent upon the illej gal seizure. This the Spanish Guv-I I eminent have agreed to pay for. fourthly, The Spanish Government; ; have also agreed to reznere all persons now in office who were implecated in the seizure, and have ordered the revenue officers who. participated improperly therein, and who are . not now in office, to be tried for their misconduct. Thus, it appears that, without any Minister at all at Madrid, and with a simple Secretary of Legation to communicate and transmit the dispatches of the respective Govern-1 , ments to each other, this whole war ‘ j breeding spectre has been laid, and; j Spain has promptly and cheerfully j ’offered every indemnification that, was [Secretary of State to Mr. Soule dat-i cd 22d June, 1851. In announcing this gratifying in-1 telligence, in the correctness of which i we do not hesitate to bespeak abso-! lute confidence, w.e cannot pass inl silance the obvious question which] every one will ask,.w*hy afiaifyj which has been the pretext for all the; Cubian agitation for the last yearjor two, has not been settled immediately upon the receipt of Mr. Marcy’s letter of the 22d June; stating the wrongs our Government had sustained, and the redress she demanded, in both of which Spam has finally and cheerfullv concurred.— Evening Post.

Getting Married.

It is curious to some to note how people’s ideas of preparation for this (species of amusement vary. Mosel (and Lize “take a notion” to each' other. Mose buys a second-hand; bedstead, three wooden chairs, §1 table, a small looking-glass and a] light stand; while Lize provides a hen 1 feather-bed, four sheets and two coverlida, a table-cloth, six toweh; some little ininor arrangements, with a disposition to make the best of everything forthwith! two dollars are paid for the minister’s blessings upon their joint venture on housekeeping; the scene whereof is in a three story back room, with a seven-by-nine chamber attached, where the first baby is born before either parent is of age. Mr. Count-the-cdst. on the ofeer hand, never thinking of the matter until he is thirty, cdurts Miss. Prudence for fourteen years, peyietually putting; off* the ‘•happy day,” because he; hasn’t quite enough to buy a nine-stor- i ied marble„front on Style street, and j furnish two suits of reception rooms 1 in ebony and silver; preferring (for such acquisition) to wait until both arc too old—almost, to be glad the suspense is ended. They get the big house, have a grand Avedding—a ; great many enemies, a few friends, and no children. After two sumptuous funerals, and a long lawsuit, the property is at length equally divided between the ‘ Timbuctoo Femalc' Moral Reform Association,” and the lawyers who contest fee will in behalf of a blind cousin, who fights it on the ground of “insanity,” alleging fee long courtship of the parties as evidence thereof. The cou^in^e 7 ing at length ruined, the “Timbuctob” j comproniise by paying opposing counsel's fees and costs, and the marble front, vrife all its belongings is converted rfito cash. Ten years afterward the books of the sexton, and the stone in the cemefeery, are the only records of the existence of Mr. Count-the-cost and his forgot- ! ten bride. Funny world, very.— i • Worcester ■, l . J TT’Be i>°t too quirk to censure. : f ■ s -

give the following extract from the decision of the Supreme, Court, declaring section 130 of the, school law of Indiana, which provides I that the voters of any township shall have power at any general or special meeting to vote a tax. &c., for continuing their schools after the public funds shall have been expended, &c., to be unconstitutional and void: The Constitution enjoins on the I Legislature, ‘to provide by law for a. general and uniform system of com-. mon shcools, wherein thition shall I be without charge, and equally open ■to all.’ Sect. 1, Art. 8. The chief duty here enjoined, viz: | feat ‘tuition is to be without charge,’ the State to discharge this duty, all the trust funds are consolidated into, what is called the “common school : fund,” the income of which isinvio-j lably appropriated to the support of common schools. Sections 2,3, Art. 8. Had there been no fund provided the power of taxation to accomplish the object would necessarily be implied . Should the fund provided prove intfuffieient, the same rule applies.— To supply whatever may be needed ; beyond the income of the common i school fund, the power and duty to levy a tax are equally clear.

Common schools are thus to be established as a State institution, under the Su perin ten dent of Public In - struction, as its official head (See. 8, Art. 8), and to be supported as to tu- ‘, ition by State funds. In the mode of levying tax. how..tivxr, the State is restricted. Taxes for school purposes cannot lie levied !, by local or special law. Sect. 22, 1 Art. 4. They must be levied by gen- j eral law’, of uniform operation, throughout the State. Sect. 1 Art.! 10. These restrictions the people have deemed it expedient to impose on the Legislature. It is not OUr|' purpose to inquire into their policy. That they are part of the fundamental law, is enough for us. It becomes us to see that they are noti impaired. The language is plum, clear and consistent. If these restrictions can be explained away or evaded, then “-it may be set down as an established fact, that the Eng- } lish language is to poor to frame j fundamental laws which shall limit' the power of the Legislature.” j We comeTEenToTfieTasT inquiry,] viz: A Whether the 130th section of the school law as to the mode of levying tax and paying tuition, is in conformity to the constitution? We thus confine it to the single] points pf tuition and tax, for the sake ■ of perspicuity. The other points of the section can hardly be said to be I before us; nor have we, consequently, i examined how far they may be as- j fected by the ruling in the I At all events, if the tax in this case is vicious for any purpose.it being! inoperable, vitiates the whole sec- i tion. ——- The school law, section 130, as to' tax and tuition, provides that the vo-! ters of any township shall have pow-j es, at any general or special meeting, to vote 'a tax, Ac., for continuing ; their schools after the public funds shall have been expended Ac. We novi* deal solely with the tax , as common school fund, Keepiiig in mind the obligation of the State to furnish tuition free, was the tax voted by Greencastle township a constitutional mode of discharging that duty? We are very clear that ; -it. WJ&S .J3-o’t«, . That the tax so levied is a township tax in contradistinction to a State tax, needs no iliustration. — . This distinction is recognizedjn the constitution. Sect. 22, Art. 4. It is a tax levied in the township by the voters, upon the property and poll® of the township. It is, therefore; strictly a township tax. ■ I low is this tax to be appropriated? The purpose is, to continue the schools in Greencastle township, after the public funds have been exhausted. Thia “continued school” either belongs to the common school system or it is independent, If it belongs to the State system, then how is a State school supported, not by common school funds, but by township tax? It is not a State tax. levied on all the property of fee State; but a specific and local tax, levied by vote, for the support of feat part of the common school systerh embraced in Greencastle township.— Tuitibti is not without charge, it is not paid by the State, nor out of the State or Common school funds. The people of Greencastle, township pay the tuition, over and above their proportion of the B/atetax for common school ting tax on the property and polls of Greencastle, township. t 'fhc 1 Whwctlotfm’thcla wTevy - ing rii'-h a tax for such ft purpnyr. is

l in direct conflict with the express ' terms of the constitution, and void. But it may he said that the “conI tinned school,” after the public fond* have been expended, does not belong to the common school system, but is I a private school, independent of the i system. The dfinition is accepted; i and what then? It conflicts with another section of the constitution. It was formerly not uncommon to find !an insurance company chartered, or i attempted to be, under the modest title of a State road. To .prevent, such legislation, the convention ' adopted the 19th section, art. “Evcry act shall embrace but one; subject, and matters properly con-, nected therewith. But if any subject Shall be embraced in an act * which jjhall not be oxpressad*4n the.,™ ! title, such act sb a 1 iTev oTdoiily Ipr ; , so much thereof as shall not bt: ex-; , pressed in the .title,” The title of ■ the school law is, “An act to provide Tor a general system of common I schools and school libraries, and mat- ; ters properly connected therewith.” This title does not embrace independ* ent schools; nor, if it <li»l, are they Lmatters propx ■.rlyconnecLte<JLtliC££j4:ith •_ The very idea of an independent I school is that of a school unconnected with any system. On the hypothesis, then, that it is an independent school,it is a distinct subject matter ' embraced in the act, but not express-■ ed in the title, nor properly connected with the school system. It is therefore clearly in conflict with section 19, article 4, and void. - -- , ~ ... I —I

The Washington Sentinel on our Relations with Spain.

The Sentinel is growing impatient of diplomacy in our relations with Spain: But leaving that point out of, consideration, we have the recent outrage perpetrated on the American mail steamer £>l Dorado, an account, of which has already been laid before ' our readers. The 7>7 Dorado was not actually damaged, yet the flag she bore was insulted most wantonly, j and in a manner which indicated an entire unconcern as to whether she-1 or her passengers 'wore injured or destroyed. There is a rumor that the Executive has 1 ordered a sufficient] naval force to proceed to Cuba to de-, mand prompt reparation and atoneinent for the violent course which was pur- j sued towards the El Dorado. Some ' things have been stated to us, which) induces us tn hope that the GoyerfiZL ment will no longer consent that Cu-, ban officials shall insult our honor, and violate our rights without being held to an immediate responsibility —that we will no longer consent to volumes of diplomatie verbosity and years of State delays, by appealing to worn-out, diseased, and scrofulous European monarchy to settle questions arising every day within sight of our own coast. ' We hope and trust, therefore, that ■ the Administration has given the needful orders to require prompt j atonement for the outrage inflicted 1 onthe El Dorado. We have become; I wearied and . disgusted at seeing it ; mentioned, tiffi^iiter.time, that our! . ships have been fired into, and that i the wrong was excused on the plea : of mistake. We have never beared 1 that any foreign vessel was ed into by our armed shipi. Now, ! we demand reciprocity in this matter \ iof mistake committed at sea. If our naval officers can discharge their duties! without firing into foreign vessels,.* then foreign officers can perform their duties without endangering our pass-; ; engers and commercial vessels. If, mistakes must be made, let us make ■ sides. Let there be i rocity. Let some of our naval coin- j • manders‘fire into an English Drome- [ liicus at San Juan, or a Spanish El , Dorado ten miles from the coast of : Cuba. Let us see how that medicine will work upon the stomach of; the monarchical arrogance ofEurope,' and on the truckling servility of Fed-; eralism in America. i / As we said days ago, our. relations with Cuba have been chang-! ed. We cannot regard it any long-. er merely as*a possession of Spain. j We Aiust, of necessity, look upon it i as an English and French Protector-I ate, which gives to that dangerous ) alliance the same power to barm us, from Cuba as if the Island belonged! to it. In our judgment, therefore,} the time has come when forbearance; ceases to be a virtue; and we trust, that the most vigorous masurea may! be adopted at once. The right is on i our side now, and no time can be so ] propitious as the present for. asserting and maintaining pur rights, and for taking assurance of fate, that Cuba shall not be made a strong-hold, from which England and France can menace us.- It is time that the public mind was being prepared for war, ; rather than for peace- ' A new Arctic expedition is being fitted nut at the New York" Nitty i ant. .x; ■ ~ ’ ;

The Way it Ended.

A masquerade ball came,off in Albany, on Tuesday evening last, — Among those present were Bob H Frank B ,of this city. Bob is a married gentlemen, and owns i the fee simple of one of the prettiest wives and babies in the metropolis. Frank B is a Bachelor, slightly given to champaigne and illicit calico —in other words Frank is a route, and as a matter of course i* a great favorite with the ladies; roues always are. Bob left town under the plea that a “sick uncle” was dying and that his services were needed to ‘reg-I ulatc the will.” The ball, as we have already stated, took place on Tuesday evening last. Among the distinguished visitors who entered the room as the sixth cotillion was being danced, were !. Bob and his friend Frank-—the former disguised as “Cardinal Woolsey,” and the latter as a “brigand.” Among the ladies present was one whose beauty of contour and delicately emajl ankles, produced an immediate impression on the pair. She wore a mask, and personated some lady of Italian extraction. “That’s a kilim foot, Bob, isn’t it!” “It isn’t any thing else, and then what a form—who the deuce can she ; be?” I “Can’t eay, but l mtend to dance I with her or perish in the attempt.” 1 After the sixth cotillion was finished. Frank crossed the room, drew a pair of lemon colored kids, ‘doubled; up,’ and requested the honor of dan-' cing the next set with the fair un-; known. The‘fair unknown’consent ed, and in a few moments afterwards the good-looking brigand was doing j •i w ultz manner that indicated ' that what such dancing lacked in! grace, it made up in hugging. I hiving acquitted himself of the [ waltz, Frank seated bis fascinating: ' partai.T, and dtt&fidLhkU friend Bob. ] • Charming creature, isn’t she? —; waltzes like an angle, and hits all the! bewitchingness of a Spanish co-1 quette.” “ She has evidently made an im- ' pression on you, Frank—did yoUTdo! the same?” “I rather think I did—engaged for •• a ride up the Troy road, as soon as j the ball is over—if that is not an im-; ! pression, I don’t know what would be ’ —by the way, how can I find out who she is?” i I — “ Use stratagem— bet me. fifty dol- i i lars, and I ll ascertain that fact in; twenty minutes.”. “I’ll do it—now go ahead.” Bob dtd so, and in the course of a few minutes returned. i “ Well, what luck, Bob —found out 1 who she “Can’t say for certain, but I think I have. While sitting by her side, I drew her handkerchief from her pock-; jet, and with it her card-case. There} it is—open it on the sly, and see if iC contains what you are in search of.” | Frank did as desired, and made a 1 discovery that rather astonished him. j “Who do you think she is?” • Couldn't even guess.” . . I ‘Read that and take on knowledge.’ “Airs. Robert II !my wife as I am a sinner! Get me a pistol—l’ll ; murder you and then take her life.” The last seen of Bob and his friend, they were rushing down State street, ‘the latter about four feet in advance , of Cardinal W oolsey’s stiletto.. What I became of Mrs. H——, will be known when the mail arrives. Moral.—When you go to see a ) “sick uncle,” take your wife along.— ■ Loneliness is very suggestive, and leads to more impropriety than Byi son’s poems.— ... ■ *>» ■ ■ ■■■■■ j Great Fire at Nashville— The ! Tennessee Penitentiary in Ruins Nashville, March 29.—About th'ree o’clock this morniifg, a fire broke out . in the cabinet work-shop of the Peni- ! tentiary, and the fire spread so rapidi ly that in a short time the entire por- ■ tion of the buildings set apart for the various work-shojps was entirely enj veloped in dlames. The fire exfend- ) ed to the left wing of the main buil- ! ding, which was so much damaged that it must be rebuilt. The cells | were all thrown open and the priso- ■ ners conducted to an inclosure within the walls , and none of them escaped. One convict, named O’Conner, I was smothered in his celt before he ' could escape. The tools in all the : shops, together with the finished work, ; were all destroyed. The losp is estiI mated at SIOO,OOO. New York, March 20. In the case of Morrisey, Hyer and Linn, the tfirep accessories in the Poole murder, Judge Morris, to-day, discharged them upon a writ of habeas corpus, considering that indictment for murder superceeded right. Upon an examination tjbefore » magistrate the parties were tertianded back to prison. , 7. ? The pcnc’i crop in’cental Ohio, promi.-cj an abundant yiem., :

Wheat Prospects in the West.

Wo learn from a gentleman who ~ r avclt!(l pretty extensively in tne Norm west during the past six , wAeks, that the prospect of the wheat crop was never better. In lowa a , large quantity has been sown, but so great is the emigration to tbat State, and so rapidly did it fill up last season, that a large portion of the surplus will be required for the new settiers there and in Kansas and Nebraska. Throughout Illinois it is represented that the crop never looked • better. The high prices of the last Liew yearß, and the almost certainty that there will be but little abatement during the present year, have stimulated the farmers to sow to an extent beyond former precedent. And the same may be said of Wisconsin.— ■ Tirerprospect there is that the abundant crop of last year will be succeeded by one equally as good this. Wto.. hear good reports too, from and Michigan. On the whole, if no untoward event interposes between now and harvest, the North west, whidh is in fact the granary of the Union —will turn out a surplus whichwill gladden the hearts of tne breadless in our eastern cities.. There "Witt be comparatively few men engaged in the construction of railroads in the west during the present season—all the great fines being nearly completed. This will reduce the consumption of non-producerii and cause a large amount of labor ;to return to agriculture—thus inI creasing our surplus by the openi- ! tion oi two causes. So our eastern foiends may look for an active fall business and a full supply of breadstuffs, unless blight or mildew, 'or ! some other destroying agent shall ! blast the fair prospects of the presj ent. —C7i icago Daily Democrat. A Stef in Advance.—The Agricu!- ; tural Society of Fayette county have * resolved to throw open the lists for for premiums to individj uals of every section of the State and the balance of the world. i The Connersville Telegraph, of the !23d irwt., noticing the progressive [step says:—Lz. [ Open to tox World.—The Fayette )county Agricultural and Mechanical )Society have concluded to throw ■■open the...doors of. their. Fair, and . challenge competition frmnlhe world fat large. They confine iKemsrlvei |to no county, State or States, but all are equally invited to compete, from whatever source they may come.— This is right, and we are glad and rejoiced that our county ha* led the van in throwing down the barrier* ol exclusivene*!’, which ha* heretofore confined the benefit* of the county or district ahere held. To provide for the extensive ar- ' rangement* thus made, the Board ; have added one more day to the Fair, + and accordingly it will bo held on.. ■ Tuesday. Wednesday, Thursday and Friday, the 25th, 26th, 27 lb and «Bth» days of September, 1855. About $1,200 or $1,500 will be offered a» premiums. It will be such a Fair as has never yet been seen in the we*tern country. We trust that m many of our ex? change* a* take an interest in the noble and elevating cause ot Agriculture, will notice this article, ami invite their readers to bring their fine stock and other articles to compete for premiums at the great Fair to be held next fall in thia county.

SAD PICTURE OF NEW ORLEANS.

A New Orleans paper hw the courage to tell the truth, in the following strain. It is a melancholy picture, and wo sincerely regret the necessity of the New Orleans editor painting it. He eays: “The population has scarcely made an advance since th'fe census of 1850, and we should not be surprised if it were found to have fallen behind the number then recorded. This is a very discouraging aspect ofour affairs; still there is no use in blinking it, or affecting a prosperity which has no existence in fact. On all sides we hear of families preparing to depart permanently from our city —the enormous cost of living being vastly disproportioned to the profits to be made by persons in legitimate business, or by any persons unconnected with public office, and the administration of public affairs. The number of stores vacant exceeds that of any past period in the history of the place, t and from the very general embarrassments among the smaller classes of merchants, we must expect to find as the season advances, a very great augmentation of the unerring evidences of decline,”’ ... ■ ' ■: > a ‘ A Missouri paper nominates Sen’'tor^Atyhison, of that State, for President, .