Plymouth Banner, Volume 2, Number 15, Plymouth, Marshall County, 16 June 1853 — Page 1

THE PLYMOUTH BANNER "THE STAR SPANGLED BANNER, LONG MAY IT WAVE, O'ER THE LAND OF THE FREE AND THE HOME OF THE BRAVE." A Family Newspaper, Devoted to Education. Morals, Science, Agriculture, Commerce, Politics. Markets, General Intelligence, Foreign and Domestic News, Volume 2.-- Number 15. Plymouth, Marshall County, Indiana, Thursday, June 16, 1853, Whole Number 67.

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RICHARD CORBALEY. If paid in advance, $1.50 At the end of six months, 2.00 If delayed until the end of the year, 2.50 jj-The above terms will be strictly adhere 1 to. TJSo paper will be discontinued until all arre iragesare paid, unless at the optior. ol the Publisher. adVertTsTng. ' Advertisement will be conspicuously iiuercJ, at the follow-in? prices, viz. For 1 square (of 10 lines) 3 insertions SI 00 Each additional insertion, , . 2öc 0Anything less than a square, will be con sidered a suuare 0"Adverti?ers must be particular to mark the numberol insertions on the faceo: the advertisements, or thoy .ill be puMished until ordered out, n charged accordingly. jCTA liberal discount w.ll le made where advertising is done by the yar. Jj"ll Communications Irom a. distance should be addressed Post-Paid to the Editor. AS ACT to amend 'au act providing for the selllemnt of decedent rstatcs,prc$cribi.s; the rights. liabilities und duties of officers connected icith the management thereof, and certain forms to be used in stick settlement," approved June 7. 1S52. Section J lie it enacted by the Iren-

rral Assembly of the Stale of Indiana, estate of any decedent shall have been Tint the first section of an act entitled l filed ami placed on the appearance dock"an act providing for the settlement of iet of such court, ten days before the first

derrdents estates, prescribing the rights liibilities. and duties of officers connected with the. management thereof, and the heirs thereto, an I certain forms t j be iied in such settlement," approved June 17, 1S52. be, and the same is hereby amended to read a follows, to wit; Whenever anv will shll have been du ly admitted to probate, be for the proper lerk or common nleas court, the clerk of

such court shall issue letters, teslamenta- I ing therein: Provided, That the court ry thereon to the person or persons named I may. in its discretion, require further therein is executors, who are competent j proof as to any claim, notwithstanding by law to serve as such, and who shall the executor or administrator may have appear and qualify; but no letter testa- j admitted the claim in the manner provinie:itarr shall issue until the expiration jded in this section.

of ton days after the existence of the will shall known. No person shall be deem.'d competent to serve as an executor, who. at thj time the will is proved, shiU, Upon proof before such clerk or court, be shown to be First. Incapable in law of miking a rdntr.ict. except mirried women; Second. Under the age of twenty-one vears: Third. Who shall have been convicted of an infamous crime; Fourth. Who slull be. adjudged incompetent by sjiJ clerk or court, by reason of improvidence or want of understanding. Se-. 2 The forty-third section of said i act is !iereby amended to read as follows, lo wi !: The widow, at any time before the re turn of such inventory, may select and take ar'icles therein appraised, not exneeding in value three hundred dollars, for which she shall receipt to such execii tor or administrator; a statement of the kind and amount of which goods so taken by the widow, shall be returned bj such executor or administrator, with, and des ignatcd on. such inventory. Provided, Tint, iu all cases where the widow shall fail or refuse o select or take all or any ! part of the articles as in this section pro i led, she shall be entitled to receive the amount in cash, out of the first moneys received by the executor or administrator. Sec. 3. The forty-eighth section of said act is hereby amended to read as follows, to wit; Such executor or administrator, immediately after filing such inventory and appraisement, shall proceed to sell at public auction, the property of the deceased: Provided, That, whenever any portion of the estate of any decedeutshatl consist of stocks, th i same shall not be soUl.br thr -xcutor or administrator of such estate, except by direction of the proper court; and in the distribution of the perosnal estate of such decedent, such stocks shall be transferred by direction of the court to the heirs or their guardians. Sec. 1. The fiftieth section of siid act is hereby amended to read as follows, to wit; A credit of not less than three, nor more than twelve months shall be given on all salts of personal piopcrty. by the executor or administrator, when the amount purchased exceeds three dollars, and notes, with one or more approved sureties, waiving valuation and appraiseinant laws, shall be taken in all cases of sale by such executor or administrator. Sec. 5. The sixty-second section of siid act is hereby amended to read follows, to wit: A succinct statement ol th. nature in 1 amount of every claim, whether due or not, agiinst the estate of any decedent, except judgments, which are liens upon the decedent's estate, and mortgages of h'i3 real or personal estate, obtained and executed in his lifetime, the itpctis-;? of last illness, funeral expn-

lues, ami expenses of administration, with

l lift affidavit of the claimant thereto at- : lch a ffi la vi t mij he SttOnl to before and certified by the executor or administrator of such estate, to the effect that the same is justly due and wholly unpaid, must be filed in the office of the clerk of the proper court of Common Pleas within one yerir from the date of ti.e first appointment of an executor or administrator therein, and notice thereof, or no cost shall b.? recovered therein agiinst such executor or administrator; nor shall hereafrer any other court have ori ginal jurisdiction of eny claim, except ! iicli lifn.s acrint ihr estate of anv de , , Q , r lerest thereon shall not be rebated; and I after the expiration of one year from such j appointment and notice, if such claim be not filed at leasi ten days before final settlement of the estate, it shall be barred, except as hereinafter provided in case of the liabilities of heirs and devisees. Sec. 6. The sixty-fifth section of said act is hereby amended to read as follows, to wit: The clerk of the proper court shall spread upon the appearance docket of the same, a list of all claims filed against any estate pending therein, which list shall be all the notice necessary to be given of the filing of the same. Sec. 7. The sixty-sixth section of said act is hereby amended to read as follows, to wit: Whenever any c'aiin against the juay of the ensuing term thereof, the cx ecutor or administrator of such estate shall admit, or refuse to admit, such claim in writing on the margin of such appearance docket opposite such claim. J If such claim is not admitted before the 'last day of said term, the same shall be j transferred to the issue (locket of such court, and shall stand fur trial at the next term thereof, as other civil actions pendSec. 8. The sixty-seventh, sixty-eighth, one hundred ail fifth, one hundred and sixth, and one hundred and seventh, one hundred and eighth, and one hundred and sixtv-ninth sections ol said act, are hereby repealed. Skc. 9. The one hundred and ninth section of Slid act is herby amended to read as follows, to wit: E-ery executor or administrator shall proceed with diligence to pay the debts and just demands against the deceased, and when the estate j is solvent, shall pay the same according to the following order of classes. First. Expenses of administration. Second. Expenses of last sickness. and funeral expenses Third. Judgments which are hens upon the decedent's real estate, and mort gages of real and personal property ex istiug in his life'ime j Fourth. General debts. j Fifth. To legatees, j Six th. To distributees. Noexecutor or administrator shall give preference in th"? payment of any debt, liability, judgment, or decree, over other tlebts of the same class, nor shall a debt due audpiyable, be entitled to any pref erence over debts not due, ofthes.ime class; nor shall the commencement of a suit, nor the recover) of a judgment there on, against any executor or administrator, entitle such debt to any preference over debts of the same class. Sec. 10. The one hundred and twelfth section of said act is h.'reby emended as follows, to wit: At the first term of the Common Pleas Court, after the end of one year from the first issuing of letters thereon, the executors or administrators of every estate, shall make an exhibit of all his proceedings in the premises, accompanied with propei vouchers, and unless there be claims in favor of such estate uncollected, or claims pending a. gainst the same not allowed, the court shall order a final settlement to be entered, and if thra. be such claims thus pending, the settlement of such estate shall bs continued from time to time, as the court may direct. Sec. 11. The one hundred and twentieth section of said act U hereby amended as follows, to wit: If it appear to the court that there is-at least one-third more of assets in the hands of such executor or administrator than is sufficient to pay all debts and legacies against the estate then known, such court may, in its discretion, allow such portion of such legacy or distributive share, to be advanced, as may be necessary ami proper for the support of the person entitled thereto, upon satisfictory bond being executed to such executor or administrator, with sufficient surety for the return of such portion with interest, whenever necessary for the payment of debts, legacies, or claims, or torqualiz ihc shares and legacies among those entitled thereto. Sec. 12. Tlw one hundred and twenty-ninth section of said act is hereby amended as follows, to wit: If such es

tate he declared insolvent before the expiration of one year from the first issuing of the letters thereon, no claim against it except funeral expenses, expenses of admiu'Stration, arid of last sir kness. shall be paid until the expiration of such year; if all the estate of the deceased be converted into money, and there be no claims unallowed, pending against it, the court shall direct a distribution of the money of such estate ainor.g the claimants whose claims have been allowed, in the order herein provided, pro rata, among the claimants of each class; but if the property covered by liens, as mentioned in the third class, has been sold subject

thereto, that class shall be omitted in ciwlv J let "i liii t inn I Sec. 13. The one hundred and forty- j ninth section is hereby amended to readj as follows, to wit: Such court may al- j low to such executor or administrator, reasonable attorney's fees, where he ein-J ployed an attorney in the management of such estate; but in no case shall an at- . torney's fees be included in the allowance to such executor or administrator j for his persona! services; and at the end' of each year after the first issuing of the j letters, such court may also allow him for such services during the preceding! year, upon his making affidavit that he' has not already been allowed therefor. Sec 14. The one hundred and sixty-1 second section of said act is hereby! amended to read as follows, to wit: Any! executor or administrator may be sued on , his bond, by any creditor, heir legatee, j surviving or succeeding executor or ad- ! miuistrator, or co-executor orco-admiv J istrator of the same estate, for any of the following causes, viz: j First. Failure to inventory the prop-! erty of the decedent, to return invento j ries, appraisement bills, sale bills, reports ! and accounts of sale according to law. j Second. Failure lo pay money of the ! estate into court according to law. j Third. Failure to use due diligence in collecting claims due the estate. Fourth, Want ol reasonable, care in taking solvent sureties to all obligations, to secure the purchase money of any of the property of the decedent. Fifth. Embezzling,, concealing, or converting to his own use such property. Sixth. Negligently permitting any property of the decedent to be injured. Seventh. For committing any waste upon the real estate of the decedent, or knowingly pemiitting the same tobe: done, when such real estate is in his possession ami control, as such executor or administrator. Eighth. Failure to render an account i of Iiis proceedings whep required by the court or the provisions f this act. JS'inlh, IS'ou-compliance of any order of the court touching the estate. Tenth. Auv violation of the duties of his trust. Sec 15. The one hundred and sixtythird section of said act is hereby amended to read as follows, to wit: Such suit may be brought by, and on the relation of any such creditor, heir, legatee, surviving or succeeding executor or administrator, or co-executor or co-administrator, but no costs shall be taxed in such proceeding against the estate, unless it is brought by such surviving or succeeding executor or administrator, or co-executor or co-administrator, and the measuie of damages in all sucli suits, shall be the value of the property converted, destroyed, embezzled, or concealed, the injury sustained by the estate, of any person interested therein, interest on money retained, such exemplary damages as the court or jury trying the case may be willing to give, and ten per centum on the whole amount assessed. Sec 16. The one hundred and sixtyseventh section ot said act is hereby amended to read as follows, to wit: In addition to an order book, in which the proceedings of the court areentered, such clerk shall procure an appearance docket, in which he shall enter the names of the executor o: anministrator of every estate unsettled, together with a marginal note of the proceeding in such estate necessary to be had at the term for which such dockel is made up; what returns such execctor J or administrator is required by law or the order of the court to make at sutti term, and the names of parties to claims, and their attorneys. Sec. 17. It is hereby declared that an emergent) exists, ami that this act shall be in force from and after its passage. OLIVER B. TOKUKT, Speaker of the House of Rep's. AS11BEL P. W1LLIARD, President of the Senate. Approved March 4. 1853. JOSEPH A. WRIGHT. North Amtrican Review on Partyism, Extract without Commeut "What has happened once miy happen again. It is time for the old appellations and the old parlies themselves, to die out when the contest between them, in regpect to principle an I measures, has virturlly ceased, and the opposition only is kept alive as a means of political intrigue and an avenue for the attainment of office. It is a little rematkable that

the old party lines are beginning to fade out at the same time both iu England and this country; and great inconveniences are experienced in both, from the attempt to continue the vitality of the old organism after their natural life has departed. In this country, also, it would be difficult to point out any cause of dissension between the Whigs and Democrats, except that one party has now got all the ofiit:es, and the other has recently forfeited them, and this cause the body of the people, who neither hold office nor wish for it maybe supposed to regard with profound indifference. There are, indeed, 'questions enough which are fiercely de

bated in congress and the newspapers; but they are not questions in respect to which Whigs are separated from Democrats. In relation to a protective tariff, a national bank, the management of the public lands, the improvement of rivers and harbors, state rights, slavery, and all other notorious topics of agitation and dispute, politicians array themselves on opposite sides without the slightest reference to t!;eir connection with one or the other of the two great parties which, for the last twenty years, contended with each other for the possession of the Presidency and alt the other offices under the National Government. Though these two parties had other objects ill view when they were first instituted, they have long since lost sigh; of them; and now continue to exist apparently for the sole purpose of obtaining a monopoly of the government patronage. We do not mean that they are con

scious of this alteration of purpose. Most of those who quietly allow themselves to be counted as Whigs and Dem ocrats, though they never do duty in that capacity except on voting day. and not always then, have a vague apprehension, founded on the recollection of old contests, when principles and measures were really at slake, lhat the Government would be more safely placed in the hands of their own party than in those of their opponents. Perhaps this confidence has been a little shaken by the course of events during the last two or three political campaigns. Considerable discontent has existed among the '-rank and file," as to trie conduct and management of their self-appointed commanders, the office seekers. Those who have nothing to do but to vote have beun to be worried by the incessant solicitations of their leaders not to omit the performance of this very patriotic duty, in which about as much liberty of choice is left to them as is given to the convict who is permitted to say whether he will be shot or hanged. In spite of all this solicitation and drumming, in spite of repeated assurances that to throw away one's vote, by casting it for the man whom one really prefers, is a crime little short of treason, it frequently happens that nearly half of the population do not vote at all; and many of the others are tempted to exclaim with honest Mercution, a plague on both the houses. The present moment seems a favorable one, therefore for calling attention to the fact that these party names of Whig and Democrat now mean nothing and point to nothing; that they tire only the memorials of a past conflict; that the antagonism which thev indicate is with difficulty maintained by the strenuous eiTorts of a few, who alone have any interest iu keeping it alive; and that this factious hospitality, this seeming warfare, is injurious to the best interests, and prejudicial to the good name of the Republic. It is not at all to the purpose to say if these two parties are allowed to die out, others will soon 3 rise and take their places. Parties cannot be formed anew unless some great principle or measure is at slake; men will not rally around a new standard if it be not erected for a more creditable motive than a division of the spoils, though their attachment to it may continue long after the mot o which it bears has become a meaningless phrase. If but one Presidential election could pass without a contest, as iu 1624. this indecent scramble for office could not be renewed for a period of eight years, and might not be repeated for a much longer time. He who was elected with the concurrence of the whole people, would have no partisans to reward and no opponents to punish. He would be relieved from the humiliation of having most of his appointments to office dictated by party considerations by the necessity of serving the interests of a faction, instead of consulting the welfare of the State. Legislators would no longer be forced, by the imperative behests of their party leaders, to vole for measures which at heart they condemn. The people might have the satisfaction of selecting, once in a while, their own candidates for office, and thus, perchance, of electing those who had deserved well of the Republic, instead of being compelled to choose those only who are pointed out to them as the most available candidates for party purposes." It is better to take many injuries than to give one.

THE PRINTER. BY MRS. SARAH II. HAYS. How dreadful late you are. my dear! said Mrs. Grayson, the wife of the printer, as he entered his own door at half past eleven at night. I have watched and watched for you so long that I began to feel uneasy. Uneasy I st.culd think you would have become accustomed to irregular hours by this time, he replied, seating himself upon the chair she had handed with a sigh. You are wearied out, said his wife mournfully, as he pressed his hand to his throbbing temples. You are working yourself to death and what it is fcr I cand t conceive. I wonder how I can help it he replied, in that desponding tone which proclaims one miserable alike in body and mind. I am half dead with fatigue, that is true but there is no remedy which I can perceive, for with all my efforts I am behind and have been utterly unable to get the paper out to day. The job of advertisement you did yesterday I presume is the cause of your be ing so late, said she. Pray did Mr. Q. pay you for it five dollars was it not? Yes; but he said I must trust him a while as money was so scarce. Did you ever hear anything like it? cried Mrs. G. indignantly money so J scarce! why this is the hue and cry from one end of the country to the other. 1 wonder how the people think a printer is to keep up the expenses of his office type, ink, paper, finl. rent, workmen and support his family, if every human being thinks the plea, money is scarce, a sufficient excuse lor defrauding him out of his honest dues. Defrauding is a hatd word, answered the husband, musingly, and yet, to put a man off with promises, and perhaps never pay at all, unless compelled, seems very much like it. Did Mr. U. bring grain to-day? he inquired, suddenly changing this unpleisunt subject. No. I saw him hauling a load to Mr. 's, but he brought none here. You were in hopes that advertising for necessaries would have the desired efiect, but you see there is nothing more easy than to be mistaken. I think I was mistaken when I selected my occupation, resumed the printer bitterly. Half the talent and energy (not to mention labor) expended in any other pursuit would have placed me ere this on the high road to independence. My life is one of never ending drudgery, and yet how little do those of our patrons who are rolling in wealth ever reflect on the printer's actual wants his many privations or the shifts he is obliged to resort to on account of their want of punctuality to make payments. But I must not sit here talking all night as I shall be obliged to arise betimes in the morning in order to get the paper out as early as possible. I wonder what's the reason the paper don't come? said old Squire Burley; the Croesus of the village of N , as he sat roasting his feet on the polished fender before the fire. It is pretty near tea time anditenows so fast there is no getting abroad. I wonder what the lazy editor can be about to-day. That is about the twentieth lime this afternoon you have wondered the same thing father, said his daughter Hester, who sat at the window occupied with her worsted work. I never knew that a newspaper was so essential to your comfort. Essential to my comfort. Miss? repeated the Squier turning to her with some, asperity, I wonder who ever said it was? There is some difference in a thing's being essential to your comfort, and being punctual yourself, and a lover of punctuality in others. Just so 1 think mv dear, chimed in Mrs. Hurley, speaking from the depths of a cushioned chair, where she sat comfortably embodied, her feet half buried in the tufted flowers of the stool which supported them, and partly dozing over her knitting work. Just so I think, if a person don't get a thing when they took for it they don't want it at all, and as the paper is very irregular, if I were you I would stop it. There is Mr. M. takes several city papers; you can borrow them I dare say, when he gets through with reading them. I believe I will, said the Squire, beating the Devjl's Tattoo with his foot, there is no use of putting up with everything. 1 hope you won't stop it for such a trifling reason, father, cried Hester's voice. Why we could get no local intelligence whatever, and how do you know but Mr. G. or some of his family are ill, that he has been unable to get it out to-day? Poor man, he looks as though he had the consumption already, ßlauding over his case as he does, and in my opinion no one can be more industrious and try Larder to do his duty. Printers have a hard time of it anyhow a life of ceaseless slavery, with little thanks and less pay.

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People are not expected to thank and pay both, my dear, observed Mrs. Burley with a smile of self-dissatisfaction. Father, have you paid Mr. Grayson regularly? asked Hester, with a mischievous glance directed towards her parent. Me, said the Squire, slightly blushing and figeting on his chair, I don't know as I have. He hasn't been printing but three or four years and he never asked me for it but once or twice. I didn't happeiv lo have the change at that time however I shall go and pay him off and stop the paper to morrow morning. 9 "Mans inhumanity to man Makes countless thousands mourn." repeated Hester, slowly. Pardon me, any dear father, she continued more quickly, as she noticed his rising anger, allow me a few words; they are these: I do not think those possessed as yon are of wealth and many resources of comfort and happines?, can sympathise sufficiently with one in Mr. Grayson's situation. See how he is tied down with his occupation what heavy expenses he is obliged to incur and what attention, what mental exertion it requires" to cater for the taste of his thousands of readers, and this attention whether inclined or not, is continual. The poor editor ia al lowed no respite; holidays and seasons of enjoyment come to all but him, for the public are like the daughters of the horse

, leach; their whole cry is. Give! Give! and the slightest omission of what they suppose to be duty on Ais part or a single exhibition of the frailty, to which lie as well as others are subject or the most trifling failure in what they consider the term of agreement, i followed by an immediate withdrawal of patronage; and his wants totally disregarded, and their portion of the contract is bioken with the greatest impunity. Patrons would do well, it seems to me, to consider that the obligation is mutual. A good newspaper is worth the amount usually paid for if, and the editor who is wearing out his existence, to instruct, interest and amuse his readers, iu every way worthy of a support liberally and promptly bestowed. I guess you must be thinking of taking one of the craft yourself, or you would not defend them so warmly, said th. Squire quite restored to good humor as be looked at his graceful child and rather pleased than otherwise at the fluency of her language but as we have alreadyhad a summons to tea, suppose we adjourn to the supper table. They certrinty are the victims of the greatest possible injustice, continued Hester, as she arose and followed after. 1 recollect reading a notice in a countrv paper the other day, where the editor says we are out of everything bring on what you have in the way of payment, for nothing can come amiss. Yet I dare affirm the most negligent among those subscribers would be the first to c;y Out if their particular taste and wishes were not consulted, and to tbrow up the paper for any cause however trifling. The best method in my opinion for obtaining a good paper and for insuring punctöalily, is for those interested in its success to fulfill at a proper time their part of the obligation. Let ech one at a stated period pay his subscription, his item of the means necessary to bring about a result so desirable and my word for it, the printer would not be weighed in the balance and found wanting. The Progress of Inventions and Inventors. What some call "great discoveries" are not produced every day, week nor year, and j et the progress of invention is as steady as the march of time itself. It is certainly true that the boundaries of human knowledge are constantly extending, and this never could happen if new discoveries were not continually unfolded. A new discovery is something brought to light which had not been observed before, and a new invention is its application to a useful purpose. We are liable to overlook the progress that is continually making in science and art. and to forget the benefits which inventors have conferred and are conferring upon community. It is our duty to call in our wandering thoughts from time to time, and not forget the debt of gratitude which we owe, (and which is continually accumulating upon us) to the inventors who are living and acting among us. We cannot allude to and name all the men who are now thinking and working out plans and improvements, but the number is not small, and they all deserve to be highly esteemed and rewarded. We now see a message sent from one end of the continent to another iu a few seconds; a few years ago it required more weeks than it now doe moments to accomplish the same feat. Here we see a dangerous whirlpool destroyed by the eclectric spark and a few canisters of powder, and there we behold an iron tube thrown across a strait of the. sea for the iron horse with his huge train to thunder through it. A short time ago an ingenious inventor discovered a method of sinking iron foundations for bridges by the simple operation of an air pump, and now we see the same principle applied in our cities for the most useful and

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