Rensselaer Gazette, Volume 3, Number 38, Rensselaer, Jasper County, 11 January 1860 — Page 2

THE RENSSELAER GAZETTE. RENSSELAER, IND. WEDNESDAY, JANUARY h , 1860.

Republican County Convention!

There will be a Republican County Convention held in Rensselaer, at 12 o’clock M., on Wednesday the 25th of January, 18G0, for the purpose of appointing delegates to the State Convention, which will meet at Indianapolis sometime in February, to nominate a State ticket, and to appoint delegates to the Republican National Convention at Chicago. We cordially invite all to meet with us “who are opposed to the policy of the present Administration; to Federal corruption and usurpation; to the Extension of Slavery into the Territories; to the new and dangerous political doctrine that the Constitution, of its own force, carries Slavery into the Territories of the Union; to the re-opening of the Af--tiean Slave Trade; enunciated by Cass in the Leclerc Letters, and are Ta favor of the admission of Kansas under the Constitution recently adopted by its people, and of preserving the integrity of the Union, %nd the supremacy of the Constitution and laws passed in pursuances thereof, against the conspiracy of the leaders of the Sectional party,” who are continually, in Congress and out of it, threatening to subvert •the one and dissolve the other if the doctrine promulgated in the Dred Scott decision, and indorsed by Buchanan in his last message,, that Slavery is National and Freedom Sectional—Slavery the rule and Freedom the exception, is not made the rule and practice of this Government. By order of the Committee. E. WRIGHT, Pres’t. J. M. Stackhouse, Sec’y.

See the card of W. S. Bedford.

This is leap-year. Girls, now is your chance.

RELIGIOUS NOTICE.

The second Quarterly Meeting of tneM.iE. Church, will come off at this place on the,2l st and 22d inst.

After a delay of almost a year, the Governor has dbeyed the recomendation of the Swamp Land Committee, by removing Jacob Markle from the office of Swamp Land Commissioner. So says the Indianapolis “Journal.” Hon. Judge Mason, of lowa, wliG made himself so popular with the Inventors of the country, while he held the office of Commissioner of Patents, has, we learn, associated himself with Munn & Co., at the “Scientific American” office New York. Congress is yetunorganized. During the last four or five days Sherman has lacked but three votes of an election. The Democrats put up a new candidate for Speaker almost every day. They are evidently trying to ascertain who is their strongest man. Perhaps after they have given each of their members a complementary vote for Speaker, they will permit the election of Sherman by adopting the plurality rule. Sine the above was in type there have been three ballots; Sherman lacking each time five votes of an election.

PUBLIC DEBATE.

At the debate last Wednesday evening, between the Calliopeans and « Erudites, the first named Society gained the victory. Messrs. J. D. Hopkins, John Thompson, Sr., and Judge Crane being the Judges. The third public debate will take place on next Wednesday night, when the following question will be debated: “Resolved, That the use of intoxicating liquors, in the United States, is, and has been, productive of more evil than Slavery therein.” Aff. Calliopeans, Neg. R. H. Mk.roy, R. S. Dwiggins. A. Gt riißiixiE, John Thompson, Jr.

We. learn from the Indianapolis “Journal” that the Governor has apr pointed Livingston Dunlap, of Marion, John B. Winstadnley of Floyd, and Joseph Allen of Montgomery, a Board of Commissioners to locate the county seat of Newton County. The rumor we noticed last week, that a new-hearing had been granted by the Supreme Court in the new county case, turns out to be false; but we understand a motion for a re-hearing is to be argued this week.

At the adjourned Aleeting held at the Court House, January 8, 18G0, to take into consideration the building of a school-house, the following proceedings are had: The Committee appointed to present drafts and estimates of costs, made reports of several drafts. After considering them, the one submitted by James E. Ballard was approved of and recommended—estimated to cost $2,500. On motion of W. D. Lee it was resolved that the draft of Mr. Ballard be recommended to the Town Council. A vote of thanks was returned to Ballard & Conwell for the neat and artistic drafts and specifications. On motion the meeting adjourned. W. D. Lee, Secretary.

THE DEMOCRATIC CONVENTION.

The Democratic State Convention, for the nomination of State officers, and the appointment of Delegates to the Charleston Convention, meets at Indianapolis to-day. It is generally believed that the Convention will nominate Mr. Hendricks for Governor, and instruct the Charleston Delegates to go for Douglas. That there will be warm work in Indianapolis to-day nobody doubts, and we would not be surprised if the tallest kinds of rows occurred there. Both wings of the Democracy are on the watch, each fearing that, the other will cheat it out of its rights. W itness the following from the Cincinnati •Enquirer,” leading Douglas organ in Ohio: “Democrats of Indiana: Our Washington letter of this morning warns you in time of what you may expect between this time and the setting of the 11th of January sun. We have been reluctant to mingle in your local affairs—shrunk from being considered meddlers in matters that purely belongs to the people of another State—but duty has prompted us to make known to you machinations and plots that are designed to defeat your honest voice in the selection of the men of your choice,' “Information to that effect, that we know to he reliable and beyond question, has come to us, and (with the exception of the names of the parties who are plotting your disgrace and defeat) we give you the particulars. Depend upon it, you are to be cheated and your delegates to be bought like sheep in the market, if money and patronage will effect it.” The editor is perfectly well aware that money is the chief argument of Democratic leaders, and, therefore, he fears its irrepressible power when turned against his own favorite.

C. B. MOCK.

Rensselaer, Ind., Dec. 29, 1859. To Samuel L. Rugg, Esq., Super intendenl of Public Instruction: Sir: “A diversity of opinion exists in this county and in this school on the following topics. If you have General Instructions which meet these issues, please forward me a copy, if not, have the goodness to reply at your earliest convenience: 1. Who may vote at school meetings'? 2. Is it lawful for others, beside the Director, to keep the records of the school meetings where he presides? 3. May a house be rented by the quarter, for publicschools, and the rent be paid out of the “building or repairs” fund or tax! 4. Can the “tuition fund” be borrowed by the school district, on time, for building a school house? 5. May it, by vote of a school meeting, be loaned, at interest,prior to its use for tuition! 6. How long, i. e., how many years can a school draw funds without using them? 7. What is meant by a “graded school?’’ How, and in what manner may it be graded? May pupils be assigned to different houses or rooms, without their consent? Who must consent? 8. Are teachers who have “got certificates,” but cannot instruct two-thirds of the scholars, “qualified,” in contemplation of law? 9. Can any portion of the tuition fund be legally appropriated to select or private schools? Retpectfully, yours, &c., R. B. James. Office of Sup. of Pub. Inst. J Indianapolis, Jan. 2, 1860 } Dear Sir: I am in receipt of your letter of the 29th ult., which I answ , r as follows:

NEWTON COUNTY.

SCHOOL-HOUSE MEETING.

LFor tlic Rensselaer Gazette.

INTERESTING TO PARENTS.

1. Sections 10. 13 and 102 of the School Law, indicate-who may hold school meetings, and conduct and determine their proceedings, by vote, or otherwise, from which we conclude, that Ist. They must be inhabitants of the State of Indiana. 2d. They must have charge of children, who have been enumerated for school purposes, for the present year. 3d. They must have lawfully designated the school for which the meeting is held, as the one to which they desire to be attached for school purposes. Such persons, and only such, are entitled to vote at school meetings, or for the designation of a teacher. A majority of such persons, but no other persons,, or less number of persons,have the right to designate the teacher, whom they wish employed, and petition the Director for the dismissal of a teacher. 2. The Director is required to' preside at all meetings of the inhabitants, connected with the schools; and record the proceedings of such meetings. These duties are net required of any other person. The Director has charge of the school house, furniture,&c., subject to the order of the township Trustee. The director has no charge of school funds or moneys. 3. If any of the schools have not got sufficient school houses and room, the Trustee has the right to rent a suitable house, or room, by the quarter, or otherwise, and pay the rent out of the money raised by tax for “building and repairs.” 4. There is no authority given by law, for loaning on time, the money appropriated by the Trustee, to the schools, for tuition. 5. It would not be lawful for a school meeting to vote the money to be loaned at interest. School meetings have no control of the school money, any further than to direct its expenditure for tuition. The money apportioned to each school by the Trustee, from time to time, for the purpose of tuition, becomes the property of the school to which it is apportioned, and cannot lawfully be used for any other purpose than in payment for tuition, and it cannot be forfeited by the school, or so revenrt, as to authorize the Trustee to enter it into a new distribution. 6. I do not think that when school money is apportioned to a school from year to year, that it can lawfully be permitted to accumulate and not be expended for tuition. If the school officers neglect to cause their schools to be opened, and the money apportioned to them promptly expended for tuition, I think the inhabitants aggrieved by such neglect 1 should chose more diligent officers, at the the next chance they have to do so. 7. By a graded school, we usually understand, one in which the pupils are divided off According to their grade of educational atattainments, and placed into separate rooms or departments. A graded school usually consists of four grades or Departments; first, Primary Department; second, Intermediate Department; third, the Grammer School Department, and fourth, the High School Grade or Department. It is important that these grades or departments, should occupy separate rooms, and each department have an appropriate teacher. In large schools, consisting of six hundred to a thousand pupils, it is much more successful to have the school well graded. In smaller schools, modifications of the graded schools may be successfully introduced. A graded school should have a superintendent or principal head, who should classify and grade the school according to the educational advancement of the pupils. Pupils can always make much better progress in their proper department, than they can in the one above or below them, and hence there will be no objection of parents to overcome, or consent to be obtained. 8. The law does not contemplate that a person shall be licensed as a teacher, or employed as such in any school, unless such person is qualified to teach and give instruction in the six branches of learning ennumerated in the 149 ch section of the school law. 9. No part of the public school money can be appropriated, lawfully, to select or private schools. A private school may be adopted by the school trustee, as a public school, and opened to all persons free, as long as the public money will keep it open, and then it can again become a private or select school. This plan has objections and it is best not to resort to it if it can be avoided. I believe I have answered all your questions by writing you a longer letter than you will have patience to read. With much respect, yonr obedient servant, Samuel L. Rugg,

Sup. Pub. Instruction. R. B. James, Esq. NOTES ON THE ABOVE CORRESPONDENCE, First question and reply.— Widows and women “who have charge of children” may vote under this decision, unless there is some law to the contrary. Single men, and persons whose children are less than five, or more than twenty-one years of age, and persons who move into a school association, after the 20th of September, and those who are ennumerated before that time, cannot vote. {Second.— School meetings are not empowered to elect a Clerk or Secretary to keep their records. Hence any records so kept would be illegal. Sirfh — Ativ person agrieved by the ne-

gleet of the Trustcb or Director to open the school and expend the tuition fund, may have his reffibdy against the Trustee under Sec. 19, and against the Director. Eighth.— The Superintendent of Public Instruction (Sec. 125,) and the school examiners (Sec. 147) may either of them license a person to teach common schools. But no person unless “he or she posess a knowledge of orthography, reading, writing, arithmetic,geography and English grammer,” (Sec. 149,) and is competent to give thorough instruction in these brunches has any right to receive a license, or to receive any of the public funds. No examiner has a right to specify in the license, any two, three or five of these branches to the neglect of the rest. It is no excuse for the examiner to say “the Director recommends him,” or, “the school has designated him.” If he is not qualified, the examiner cannot “specify the branches” .which the applicant is qualified to teach, less than the six named. But the language of Sec. 1 18, is intended to include higher branches for higher schools. Nor can such apart of a license be excused on the ground that the school is feeble or the pupils ignorant, and, therefore, they cannot support a competent teacher, and do not need one. For it is the duty of the Trustee to apportion the funds (Sec. 27.) so that the schools may be taught an equal length of time without regard to the diversity in the number of pupils at the several schools. No person who is in the habit of a constant or occasional breach of the laws of the State is “of good moral character” (Sec. 145.) These are laws against profane swearing, Sabbath breaking and drunkenness, and other vices, and persons guilty of these offienses are not of good moral character, nor entitled to certificates, or wages from the school fund. R. B. JaSies.

SWAMP LAND REPORT.

TESTIMONY OF 11. H. MILROY. Thursday, February 17, 1859. Members Present.— Hon. Mr. Green and Hamilton. Ques. Do you know anything of a suit or suits that were instituted in Jasper county, as a defaulter to the State. Ans. I think in the spring of 1855 I received an order from the Auditor and Treasurerer of State to demand a settlement of the accounts of Jacob Markle, as Swamp Land Treasurer of Jasper county, and if he refused, to bring suit against him. The amount of his indebtednes to the State at this time was between $25,000 and $30,000. Mr. Markle refu ed to settle, and I commenced suit on his official bond. I was reliably informed that he had sold on credit about 10,000 acres of land, which lands were ! pattented to Lawson Bruce, and by him t > G. W. Spitler, and upon which I obtained an injunction to prevent him from transferring these lands. After we obtained this injunction, Messrs. Spitler and Markle camo to Indianapolis and effected to compromise wit’h the Governor and Treasurer of State (Wright and Noffsinger) in July, 1855 and executed their notes for $23,460 30. The terms of these notes were as followss One for 10,000, payable one day after date, with Allen May as security; three for $4,386 73 each, payable in one, two and three years after date, with interest. On the first note Wm. Sheets was security, on the second John P. Dunn, and on the third Allen May. These notes, were all made payable into the Treasury of State on account of Swamp Land Fund in Jasper county. At the time this compromise was made the accounts between the Treasurer of Jasper count}, and the Auditor of State in relation to the funds of the Swamp Lands were in such a state of confusion that the actual indebtedness of Markle could not be ascertained. In order to meet this condition of the books, the parties entered into u written agreement that when the books became to be fully settled, if it was found that Mr. Markle had given his notes for more than was due the State, he was to have credit on the notes for the amount of money so paid, and if the notes given at this settlement did not cover the whole of his indebtedness, then he was to give an additional note, covering the amount thus found, and payable at the time of maturity of the last note above referred to. Fer the faithful performance of this contract J. P. Dunn and G. W. Spitler were sureties. After waiting a reasonable time on the Treasurer of Jasper county, and he showing no willingness to settle, the Auditor of State came to Jasper county, bringing a competant accountant, who, with the assistance of J. Ballard and A. M. Puett, ascertained from the books of Markle that he was indebted to the State for $14,000 (or thereabouts) more than his notes called for that had been given at the time of the agreement referred to. As attorney for the State, I demanded additional notes for this amount. This was the 2d of June, 1856; and also on the 7th of July, 1856, I again made the demand, which he refused to do. April 28, 1856, I received an order to bring suite against Markle for this balance of $14,000 due on settlement. Gov. Wright and Mr. Talbott employed me on the part of the State, and also directed me to employ additional counsel. Accordingly, the services of Daniel D. Pratt, of Logansport, were engaged. Upon examination of the agreement made with Markle, and Spitler and Dunn as sureties, we discovered that it was loosely

j.and inefficiently drawn, and contained an i error, in not requiring Markle to give securi- ; ty in accordance with the understanding of the parties. We therefore filed a complaint . against Markle, Spitler and Dunn on the 17th of July, 1856, with good and sufficient | security thereon, waving valuation and apI praisement laws; and in default of Markle so doing, then the plantiff to have judgment vs. said Markle, Spitler and Dunn for said sum. Some time after filing this complaint I took the depositions of Gov. Wright, Auditor Talbott, and Treasurer Noffsinger, to prove the agreement, &c. I also procured from the Auditor of State a certified copy of the settlement by the Auditor before spoken of, showing the balance of $14,000 due the State from on account of Swamp Lands sold by him, and I also procured for the purposes of the trial, three of the four promissory notes before mentioned, that were given by Markle and aforesaid, which three original notes and copy of agreement I still have in my possession. The second of the four original notes I aforesaid, upon which Wm. Sheets was sure- | ty, had been (as I was informed by the Treas- j user of State) paid off and taken up by IVIr. j Mjirkle. The suit that we commenced in July, 1856, was continued for different rea- ! sons over two terms of the Jasper Circuit ; Court. The second term after it. had been ' commenced Mr. Pratt wrote me that he j could not attend, and requested, if I thought ' best, to get some other assistance. I accordingly engaged Mr. Chase, of the firm of Chase & ilstach,of Lafayette, Indiana, to ' assist in the trial of the case at that term—

March, 1857—and he attended our Court for that purpose; but the case was again continued by the defendant, I believe. Some time during the summer of 1857 Governor ' Willard, Aquilla Jones, Treasurer of State, , and T. Palmer, Deputy Auditor of State, came up to Rensselaer for the purpose, as I understood., of making some arrangements, or settling with Markle; and being with him one day, came to my office on the next morning and stated that they had made arrangements with Mr. Markle that were to be perfected by him at Indianapolis some time afterwards, and the Governor and Treasurer of State desired of me the notes in my possession, which I offered to surrender provided they would settle with me, and give an order on the Treasurer for my fees in the case, which they refused to do, and I refused then to give up the notes. Mr. Markle told me some time afterwards that he had not and would nM settle with them as they required him to do, and J have understood that he has not yet settled with the State. While at Rensselaer, Gov. Willard ordered tiie Clerk of Jasper Circuit Court—as he informed me —to dismiss th? case t’s. Markle, Spitler and Dunn, but did not file a written dismissal until 2 Ist September, 1857. The account of myself and partner against the State, for services and expenses in taking depositions in this city twice, and at Rockville once, and in going to Logansport and to Lafayette to employ and consult assistant counsel, amounts to $276, of which sum 1 have received $146, $l3O being the .balance now due me; and I understand that neither Mr. Pratt nor Mr. Chase have received anything for their services. I would, further state that in the fall of 1856 I was employed to bring suit against Markle by the officers of State for a defalcation as Treasurer of the county for State revenue. This suit was brought in the Jasper Circuit Court, and received a judgment against, him for SI,OOO, which Markle has since paid. In the fall of 1857 I broughtsuit against Markle, by order of the County Commissioners, as a defalter in the county revenue for $1,500, which suit is still pending. His term of office as Treasurer expired on the 12th August, 1857, but he held on to the books of his office and key until the Ist November. Some time during the winter he was appointed Swamp Land Commissioner.

The Democracy and the Speakership.

The Washington States, a Democratic paper, in speaking of the Democrats for having voted for Mr. Maynard, says: In tacts, it must be confessed, that we are no match for our opponents. They have purpose while we resort to make shifts. Their candidate is just as fresh in the esteem of his supporters now as when he entered the arena. Ours, eminent as was his qualifications, was forced to retire, in order that inconsiderete experiments'might be tested. South American diplomacy has succeeded in getting the Democracy into confusion that there is but little hope that it will ever regain the position which it attained on the first day of the session. There were perhaps not, less than twenty Democratic members who believed they could be elected by the odds and ends which Mr. Bocock had failed tounite. Delusive expectation! But it had the effect to influence the over-sensitive Virginian to voluntarily withdrew his weighty name from the contest. All has been chaos since i.n our ranks, and so will likely remain until the plurality rule shall be adopted, when John Sherman will speedily be conducted. to the Speaker’s chair. But when will that occur, our anxious readers will inquire?,. Ah! that question we cannot answer. It must be weeks—it may be months. But, alas! it is inevitable. son of Louis Napoleon will be I four years old on the sixteenth of March.

A Genuine Union Speech.

The following passage from a genuine Union speech delivered recently at New Haven, Conn., by Phomas Yeatman, is very much to the purpose: “Look at the facts as they exist. The messages of Southern Governors are filled with recommendations to prepare for disunion. Legislative resolves are gravely presented, declaring the right of secession, and the South to establish her military upon a more perfect basis. And meetings are held in city, town and village; leagues of nonintercourse are formed against the North and Northern merchants driven from the soil. All this is madness and folly; but I ask does it not manifest a feeling utterly subversive of all true union, which at last can only exist upon the affections of a united people. I address no appeal to the North to preserve the Uuion—it would be an indignity and an insult to do so—for here no hand is raised against it. For every lunatic who would perform the deed, a thousand watchmen are standing at the gates—all of whose treasures are enshrined in that temple. A thousand anxious eyes are looking down from every embrasure, and above and around are moving the spirits of departed patriots, touching with patriotic sympathy millions of loyal hearts. Here we stand by the Union to the last, stand by it as we would by our own mother, and die a thousand deaths rather than permit h;er seamless garment of unity to be rent in twain, or her loved form exposed to the derision of the world. No, rather go to my brother in the South, united to him in birth, in interest, in affection, and plead with him to pause and come and let us reason together. My brother, you complain that the Union is fatal to the institution of slavery. I deny it, and could prove it as the only security. But, I ask you, will it be strengthened by dissolution 1 You complain that your slaves are decoyed and attempts made to excite servile insurrection. I condemn the one and abhor the other. But I ask you, if with all the securities of the Constitution, and a powerful government ever ready to enforce them, these offences are committed, what are you to expect, when every barrier is broken down, when we are alienated in enmi y and dis trust, when our border States ai e convulsed, in all the horrors of fratricidal war!

Dr. Roback's Remedics.

We publish, in another column of to-day’s paper, an article copied from the Cincinnati Times, Descriptive of Dr. ’Roback s extensive medical establishment in that city. Bv the way, Dr. Roback’s Remedies have obtained a great and deserved popularity with all classes. It has been but a short time since these Remedies were introduced intoour section of country; yet Dr. Brennan, Dr. Roback s agent ii: this place, informs us that his sales of the Blood Pills and Blood Purifier now far exceed those of all other medicines for which he is'agent, combined. The reason for this, is, that they have stood the test of practical experience. We know this not only from the mouths of others, but we have used them in our own family with the very best results. For all diseases of the blood, general debility, whether proceeding from sickness or from natural weakness, indigestion,and all kindred ailments, we recomend tlm Scandinavian Remedies as tire very best medicines extant. They are destined to achieve, not an ephemeral success, but a permanent and deserved reputation, which will render them a necessity in eycry family.— Napoleon, 0., North HVsZ, March 2. (gjT’Parson Brownlow does not appear to have a very exalted opinion of the South Americans who have voted for a Democratic Speaker. He expresses his “pheelinks” as follows: “Were we a member of the Southern Opposition in Congress, before we would occupy the paltry and contemptible attitude of creeping after a party that had spurned us by its deliberate acts, we would see the Capitol of the Nation, and all the territory North and South of it, sunk to eternal perdition. Nay, we would see all the political organizations in America as far in hollas a pigeon could fly in a thousand years, or a forge hammer would fall in twice that length of time! Sooner than thus degrade our selves under the pretense of battling for the homes and rights of our children, we would see them all starve to death, and then set ourselves upon their coffins with a Southern gentleman, and play push pin for a drink of lager beer." oO”The Baton Rouge paper mentions that a gentleman residing at Livingston Parish, La., has a very singular plant in his garden, which appears to be a sort of connecting link between the animal and vegitable worlds. The plant is about three feet high, and its stems reach the ground. At the end it is armed with a small and sharp substance, with which it pierces insects, and then lifts them into the calyx, where they were grasped by the plant and appropriated to its support. Smith has so nearly, been restored to complete health, that he has returned to his home at Peterboro, by the desire of his nearest and dearest friends, and the approval of his physician. A statement is afloat that he will go to Europeas soon as he is sufficiently restored to health to bear the fatigue of travel. The death of his friend Timothy Jenkins was a serious blow to Mr. Smith, The relations of these gentlemen as friends, client and counsel, were very intimate.