The Wabash Courier, Volume 11, Number 26, Terre Haute, Vigo County, 4 March 1843 — Page 2

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27th CONGRESS.

Ked

FEB.

HOUSE OF

tizr

fi Vf&4

™{^"w*y'P°n

JVV

17th, 1848.

REPRESENTATIVES.

After the journal

read, ibis moroiPg*

abe rush to get the floor and present f£*¥

Fi=t M" r,& oi ».

l§ Mr.

Me!""'d

rtgJEStfwsffiw

'"-e

said

ST0CK

that

what was prophecy last

year would be history the next ^earv fStates tlmt'hsd contracted debts would proceed step by step to the issue of repudiation from neglecting first to discharge the interest the progress was made easier to the repudiation of the principal. It would be discovered by some that the States had not received the full value for their bends—that the money received had been fraudulently absorbed—the Governor of the Stale might openly recommend repudiation, and then, perhaps, the citizens might throw themselves around him as panoply of protection. Mr. J. said that as the-morning hour rolled away rapidly, he would leave for another occasion the justification of the measure he proposed, and occupy himself at this time in examining the report of tlie Committee on Ways and Means* And first he would^gemark, that it was strange that in this rewprt the committee had assumed (hut the memorialists ask for 200 millions of currency it was no such thing, and it was a groat pity tlint the memorial had not been printed, short as it was, with the report, so that text and commentary might have gone together.

Itr.

.u-

The memorialist* ask for the issue of two hundred millions of slock, and say that this will relieve the currcncy. Mr. JOHNSON went on quoting from the report and criticising it severely one of his comments called forth un explanation from Mr. J. R. IKQERSOLL (theauthor of the report,) upon which Mr. J. remarked that it was unfortunate that explanatory notes had not been published with the report, considering that it had been spread on the broad sheets of the Intelligencer, and scattered to the four quarters of the earth.

As soon as Mr. JOHNSON'S hour had expired, Mr. Fillmore submitted a resolution, that the Army Bill be taken out of Committee at half-past two o'clock this day, and finally acted ujtori, and he moved the previous ques* tion upon it. The resolution was adopted. Mr. FILLMORE then moved to go into committee of the Whole, and

Mr. A. II. Steuurt, of Virgiuin, was called to the Chair. THE ARMY BILL, With the Senate amendments, being under consideration, Mr. Weller, of Ohio, took the floor to advocate the appropriation of $150,000 for improving the navigation of the Western Rtvers. Mr. W. said thero were gentlemen present who could vote 8120,000 for columns to adorn the Huston Custom House, but when the question was upon doing away with obstructions in Rivers, navigable for 8000 miles, and bearing on their bosoms the commerce- of eleven States, these samp gentlemen began to talk about economy.

Mr. Thompson', of Indiana, next got the floor, and unbred as tin amendment to the Itenate amendment the Harbor Bill, containing ft loug string of appropriations for liarbars, Rivers, tho Cumberland Road, dec. &c.

The question of order was raised, but the Chair decided that the amendment was within the rule.

Mr. Thompson then proceeded vtithan argument of an hour's duration in favor of Internal Improvements, citing historical precedents, tho opinion of Mr. CALHOUN, and the action of Congress in times past, to shew that the power for this en resided in the General Government.

Mr. Sprigg,of Kentucky, protested against the log-rolling amendment of Mr. THOMPSON—particularly at this time, when the Treasury was empty. He could not but smile, he said, when the gentleman was talking against the system( of log-rolling great Godl Mr. Chairman, was thero ever such another log-rolling proposition as this, embracing appropriations for all pnrts of the country? It was time, Mr. S. said, to stop this business we politicians have been doing these things now for years past, all for love of the people, and we've loved tho people almost to death—yes, sir, we've loved them like a bear hugging a wolf!

Mr. Drockway offered an amendment to Mr. THOMPSONS' amendment, covering appropriations for a great many harbors and breakwaters not included in the former.

The Chairman decided that tho Senate's amendment stood as an original proposition, And the amendment of Mr. B. was in ord«r.

At half past two, the question upon the Amendment of Mr. BROCKWAY was taken by tellers, who reported 45 in favor and 97 against it so the amendment to the amendment was lost.

Mr. Howard, of Michigan, offered an amendment, which was also rejected. Mr. TOUtigHast offered an amendment. which tfts also rejected.

Mr. Saltonsull offered an amendment appmpriat'iBjt $10^000 for completing the Breakwater at oandjr Bay, which shared the note fate.

Amendments were offered embracing appropriation* in Virginia, Ohio, Tennessee, New York, Maine, and Connecticut, and were severally ejected-

The weapon on Mr. Thorn peon's amendment was tatten bv tellers, and there appeared in favor of It 41, tg^unst it 96. •j. The next notation was upon concurring with the

#{®e

neni, and the teller* announced the vote

as nxlowa:—for the amendment 93 against it 91 -w the amendment was not agreed to.

The next Senate amendment was to remove ia part the Itmuauon which the (louse had affixed to tho ap-

ntmem of Cadet* to West Poiot. The House reto concur in this aleo. H»wa

comn"-{*°l^en

ro* *»d.reported the Bill to the

4 Ft». 18th 1843. H9CSE

|St£^

REPRRSEJTlATtVES.

i!5r ***»n "Vyesterday* Mr. Thornhwatuendntent to that of the

iJK^S3^.aVBBE»SE the appointment of tea eddmaoal nid»hW*«at UrU *withoat reference to Coniirnatoitat daHrwta.

(ht year 180,000, awi kr the fm •UtttMQ. &tw> real *od aurs were ordered, and the qaaattoa vu jiekted in the amnnatt*%—r«** 1W. nejra 89. lit bill was sent hack to the Senate.

Is the Hows iht« Oetenky) Mr tnria tMMited a meroonai ftev six hvadred and trMQg of WsMere IMMwrleaa«. aahing Ibr the ef GevenMMW steefc.

tmjkmmv-mM

I O I I

A most glorious reception was extended to Kr, Qjay on his arrival at Mobile. Upon his debarkation from the steamboalj he was met by Gov.^Ga^le, who-in ad eloquent and appropriate address, welcomed him to the cily^

CLAY'S HEPLYi

Mr. Ciay said in subaiance, thitt he thank* lor twe edGov. Ga^'fe and^hisfellow citizens of Mo- *Bt|ren bile, fpt the honor done him, in their hearty welodme and cordial reception, on his arrival among them. Never having before seen this city, he had long wished to visit if, not only .because of his association with it, in an early and strenuous exertion, made by him in the Senate of the U. S., to vindicate our title, under the Treaty of Louisiana, and to maintain our possessionsa3 for eftst as the Perdido, alluded to by the Governor, but because |t is an interesting and .rising emporium of our common country. Hitherto be had not been able to have that gratification but when a highly respectable and numerous committee had done him the honor IO repair to New Orleans and invite him, iu behalf of the citizens of Mobile, to visit it. he found himself unable to resist their invitationvand his o\yninclination. •rft* ,,

In coming here it was his wish, since his journey to the South West had been undertaken without the most distant connexion with any political or public object, that his reception, here and elsewhere, should be quiet and unattended with any parade or display of any kind. Flis fellow-citizens have otherwise determined and he cannot be insensible to—he cannot but feel profoundly grateful for, the manifestation of their esteem and friendly consideration. And ho should fail to express his feelings and his obligations, if he did not advert to the, gratifying fact, that here as at other places where he had recently been,/his fellow citizens, without any distinction of party, haTe all united in tendering to him a cordial welcome and a generous hospitality.

He regretted that occasions of their union were not more frequent, if they would oftener meet, in free.and friendly intercourse, political aspority would be softened, party strife nnd passion would yield to reason, and we should make the injportajit discovery that we are one people, have one country, pne honor, and we are all honesty endeavoring to find the true road which leads to the honor, the prosperity, and the glory of tur republic. [Greut and enthusiastic applause.] lie thanked the Governor and the conrttaittee for the liberal view which they had just taken of his long and arduous public career. He had doubtless committed many errors. He had often been the subject of bitter comment and severe animadversion. Sometimes, he thought, a disproportionate share of censure had bei*n applied to him occasionally, groundless calumnies had been directed against him. His life had been chequered and full of vicissitudes. But, during its whole progress, he has been cheered by the confidence and support of ardent and faithful friends in every part of the Union. Me sometimes fult, perhaps presumptiously, that Providence designed to smile on his exertions. But this he knew full well, that during the whole course of his public service, amidst all the embarrassments, dangers and difficulties which encompassed him, from time to lime he honestly and faithfully and fearlessly sought to serve his ccKtntrf ***tarB¥aMWt ofi

hi*ability. »{Greart ap^ause.]

And now, having retired to privnte life is a source of inexpressible gratification to him to find, wherever he go»s, the triumphs of truth, and manifestations of public justice, in testifying to the purity of motives by which he had been actuated in the public councils of his country. And he added that he had much loss desire than the world probably generally imagined, ever again to emergo from tho retirement which he has voluntarily sought.

Allow me. sir, in conclusion, to -request that you will convey to such of my fellowcitizens of Mobile as are not hero present, my respectful acknowledgements for their kindness in inviting me here, and for the distinguished reception which they have given mo. Assure them that I will carry with me back to my residence a faithful memory of these testimonials, and preserve them in gruteful recollection. „.•

MR. CI,AY.r

A meeting was held in Charleston, on the 17th ult., for the purpose of making arrangements for an appropriate reception of Mr. Clayton his probable visit to that city. The Hon. Henry Middleton occupied the chair, and explained briefly the object of the meeting-

George S. Bryan, Esq. then addressed the meeting, in brief and pertinent remarks, and in conclusion offered tho following resolutions "Resolved, That whether we regard Mr. Clay as the statesman and author of great public measures, which have universally been considered National blessings, and have won the approbation nnd gratitude of his fellowcitizens, without respect to party or section whether we view him as the patriot who, on ever memorable occasions, has sot an example of disinterested seal, and taught party itself to submit to the elevated law of singleminded duty or whether wo behold in him the great orator, whose eloquence has quickened and refined National sentiment, conferred dignity and glory on our legislative halls, and contributed to maintain our equal rank with the master States of modern times—in whatever light ire may regard him, we must esteem him one of the few, whose gifts, services nnd character should command for him the gratitude, admiration, and affectionate consideration of all his fellow-country men. Governed by theso sentiments, we have heard with lively satisfaction that it may be in our power to greet him io person n^ a National benefactor.

Therefore, rtsolred, That to this end, the chairmnn of this meeting shall appoint a committee of twenty-six, to invite Mr. Clay to this citv on his progress northward, ami to tender Vtm tho attention* ao eminently due to one whose life has been spent in the service of his countrv.w

Smiss UT STABS.—Daring the lost two or three centuries more than fifteen fixed stars have di&stppenred. One of them situated in ihe nofifcern hemisphere presented a particular brilliancy and waa so bright as to be seen with the naked eye at mid-days. It seemed to be on fire, appearing at first of a dszxltng white, then of a reddish yellow, and batly of an ashy palo eofor. La Ptaee supposes it was burning up* as ft hss never been seen aioee. Tbeconifttfration was visible about six months.

From Or OU» SMjInrmt

one

RETRENCHMENTAHD REFORM—WHM PROMISES REDEEMED. The late Van Buren Admroisinition was justly charged with an esttavaganifjhpd wan* ton'Wasttf of the'|fablie money, lt wa$pqtta«h dered upon political favorites Iif miili^tts. aM the Treasury^whicfocontained somtfe|went£ twenty^five millionsbf dollars, was innu^ratedv ^s^ l^ by him bankrupt, and indebted some fifteen millions besides. The expenditures of the Govern* ment during his term, ran tip to tkirtg-nins millions, and averaged thirty-four mUKf0for the whole time.

A general feeling of indignation seised up* on the American peopte, &nd Y«£) Btiignf ami his myrmidons were hurled from the ftower which they so much abused. The Whigs, as a party, were entrusted with the manage* ment of public affairs, Jiaving pledged thens* selves to introduce all neces«try reforms and to bring back the government to the republican simplicity which had distinguishes early and better Jays of the Republic. ?7^r6 President of their choice, the destined ment of the contemplated reformation, bein|f withdrawn from the service of his countrjr by an afflicting dispensation. of Providence, and his constitutional successor denying iho faith in which he had been received into ijyt communion of the triumphant party, the win have been deprived of the means of fulfilli all their intended reforms and improvement They have not been able to extricato jfp country from tho embarrassments flowMff from a disordered currency. Congress, acting in the spirit which had revolutionized th» Union, passed the necessary bills for restbf ing the currency, but it was"headed* and defeated in its endeavors by a corrupt and inle becile chief magistrate, beguiled from his ty by an an ambition and infatuation that all ordinary human calculations at defian So fifr the people have been disappointed. I their disappointment is not that which 4. pugns the good faith of the whig party.

But a selfish President could not frustrate all the labors of a patriotic Congress* The efforts of our friends in the National Legiskt* ture to economize the public expenditure—$ stop the leaks in the treasury—-hiive been more successful- Indeed the curtailment .ill the disbursements of the General Government reflect the highest honor upon the whigs, ajg» afford a gratifying earnest of whdt will b| done for the people and the country, if, in th$

trance committee in the Senate, in a recent speech, staled that in his opinion the government expenditures from January 1843 to Jvf ly 1644,—18 months—Would not exepfcd $22,000,000 and he believed *hat for t^e present year, they would not go beyond eight* een millions—less than half the amount of the Van Buren expenditure in 2830 Sd much, at all events, has been nccomplishpd by a Whig Congress! Let the whigs persevere in their efforts to sustain theii4 principles, and the country will again revive a«d he rein vigorated under the hiyipy fl&tepiees of a republican, constitutional nnd faithful administration of its affairs, and twenty millions of people will once more share in, the blessit^s of renewed privnte and public

Frost tke Vatiritr and Iwqvirtt.

rCMr.

The Judge Advocate then putsometyiestions to the witness as follows: Q. When did you first tell of the use that Mr. Spencer intended to make of the females whom he might capiuret

A. I tnink before the council of omccra. Q. If you did not tell it then, did you tell toshjf

previous to the execution? A- think I told it to Mr. Gansevoort, and also at the council of officers, but I am not sure.

Q. You say that at the time of the arrrst of Crome well,

you

next contest, the change commenced in 194CL low time for the copying ol it, the court adjonxned shall be consummated. ih.imi.lW Mr. Evans, the able chairman of the Fi

TRIAJLt)F ObMMA#DER McK»!»*lE. q. Do you knbfc any thing of a private ife, it I EISBTB DAY, THHMBAY, FBB. 9. hetweeit Mr. Spencer .and Mr. Wales: if

The CdtiifiriWt pursuant to adjournment and the minutes of the previous day's proceedings having been.

V'aleswaarecalled,Matprtvbnstohis«xsjni Rationing proceeded with,

venation ,.k ... more explicit on a certain potfrt, and he therefore read a paper disiavowinst that lie had any assistance what* ever in the course he had pursued.

ttion Wing proceeaeu wun, Q. How long did they continue together, and waa ThiTtodge Advocate stated that Jfsbad some com Jb«r conversation in a low voice wtion with Mr. Duer, who had wished him to be A. Ieawtlwni there nearly two hau*a. I could not

believed that Com M. knew that Sponcer

had said the mutiny was to break out shortly previous to jyour arrival at St. Thomas—what induced that be-

''CA. I don't know that Com. M. did know it. By the Court-~I noticed that aome of tbecrew were disorderly at the time all hands were called to wito^a tho execution. I had no idoa previous to ihe ooxvretf sation with Mr-Spencer that there waa a mutiny on board the brig. The half ortwo-thirds portion ol the crew which was surly and reluctant, embraced the older boys and men. I did issue a large quantity of tobacco and segars to Mr. Spencer, but I did net report the fact to tho coinmaftdingdfficeffc The examlnation before the council was held in the ward room-— the commander and acting midshipmen were on deck the whole time, and myself good par* of «. 1 don* know that any of the commanding officer* or midshtpr men left the wardroom during the examination- There were orders to let Mr.

Spencer

hATins been engaged in siatefB?

duce to writing what he expected tohaveprovedj a* to have it pteeed on the record. Uwfi'deMfsm

iC7he accused

lhM?Wales

have whoever bookp

he wished to read during hia confinfcmetu. 1 know that be asked for any. He passed Jits time sit. tins down by the arm che^t. ...

Bv Com. Mackenzio —It was generally known th#t I had a difficulty with the Comntaodwprevtoos to thf diS'K»'r°r..'k?»omw°^

Of aiulltoj C,omw4

hg Jndfe Aavocatc objected to this question. Com. Mackenxie and Mr. Duer represented jt nrt only as important but proper and legal, in addition 16 which it had been allowed before the Court of Inquiry when objected to by Com. 8tewart, en the anotioa ef the Judge Advocate (Mr. fWrman

Tlie Court was then cleared for deliberation, end on its

"Opening, the lodge Advocate stated that Court had deeded that the question oobldnot Wpou Com. Mackemrie then desired to be alio wed to r|y

offers to prove that both ata

Vimll bv their own admissions to several wttnesM h«d served in slavers, that Cromwell had been cap«|^ ad in a slaver and confined in the More Cest je. and •hat these facts ere generally knowrwiwwM g»

sS^rr^nTferthw"nqnsm djattf 5 net allowed thia offer may be placed on the record of

Was then farther

d^y^Court^WMAIr.

1SfaSs

Smneer bad anffidaot time (nearly SW boa«S» P™* SSeos his list, snbseqoent W aw j?® wfth him and previous to hia anwat Atthe umcthat Saen«r waa speaking to menreviwa to hrt«iseetf»oe, alt^t tfmcfc him- Spj^ ss^ nothing teweenng the waocencs «f

Sp«»er^awdactgeosrsl-

'7 JTI don't knoi^r^ticed mm edmae ho sppostMl rather wngntar and dnll or atap^. i- WMI ODid or did not any seme efdsnjj^r mind white so «**7 f™**

A. It ttid. sad at dark tee vswsiannsr

*5 «e% treatment of the

«ewreai

er 1 mm

SaJaara

k^ewitsssars*testtmoa7 (baa read overload

waft to be the first officer, and Small iheeecond officer,

I iffifini iiiiiniiin of hia testifhooy HEVIIDHot mean to

(). Bv tiie Court—gndersund navigatlbnf

hun'how do jrou know that Cronivrell understood A-—Because I've-seen him workmg o«t eevj work. I've seen him with Mr. Spencer, and he would ttlkMr- Spencer wltere he wai wrong-

Q—Do you know that Small wns mate ol a vcaeet except f^ein hie own asertionT A.—No: he told meao. ... fl. M. ^Disked sworn-4.was t|eTSti*r of |Ke SomeitfdMtn# her last eniiae 8r* heird ot tie mutiny from Mr. Wales on the morning of the 16th Nov.

C®iWf^ Wiiiieis wewt inw all the donila of ins conversation with Wales, which haa been so often re-

Mr* Dnetslated after that part 6f the detail hud been given bjr tlie,wituesa, thta it was noi llieir intention to exaMine hiifi now, on any dthet point of the taw, except in atpport of Mr. Wales. It was their Intention to puraue Ihesatne coujrae with Lieut. Ganaevoprti and having tliat part of tjj? catsefully proven, tlen gn to the other points on which the defence rrattM. l%ttJndge Advocate said in thai case lie should not ask him any questions now,.

Lieutenant Gansevoort examined—I was on board the SomerSaa first Lieutenant heard of the ml ended mo tiny from Mr. Heiskoii, the purser. oiitbe_l6th November, about 10 o'clock in,the morning, wales met me at the Ibtehatth, and told me the parser wanted to

[The witness tlien went on and rowlep Jus converaatirtn with the purser,.as that officer liad heard from Wales of Spacer's plan to' capture the Soniers by making a rbw in the mid watch, and throwing the officer oPthe deck Overboard. The witness went on to state what measures he took to watch Spencer and to satisfy himself of his guilt, previous to the arrest, and ofbis own recommendations that'something should be done to secure Spencer. He also testified to the facts whidi eccnrrcd at the arrest of Spcncer in precisely the same language a« before the Conn of finquiry

Itv answer to the second- qnostion on tho part of the accused, the witness proceeded to sire tho particulars of the carrying away of the top-galfant masr« and the arrest of Cromwell and Smal). He also stated tliaton the evening after this second arrest^ Spencer asked if Cromwell was confined for anything in whidi he, Speitcer, waa concerned. Witness replied yea, on which ncersaid Cromwell was innocent, as he, Spencer, not think- Cromwell would join unless there waa money on -board. On aaubsequent occasion Spencer said (Jroinwelj was innocent.

The witness waa about to detail some conversation tKtwepn himself and Small, which the Judge Advocate •apposed waa intended as proof of Cromwell's participation in the mutiny, nnd he stopped the witness. A discussion then ensued between himself and Mr.Duer, as to the right to give such testimony. At last it was admitted by wny of repelling the imputation of having trans .Cromwell from malice prepente.

After this testimony was given, a quation arose as to the testimony taken before the council of officers, which document was not in court. It waafinally decided that it was necessary that the testimony before that couucil must go on the record, and in order to at

NIMTH DAT—FEB. 10..

At the opening of the Co'nrt this niorning, Mr. Duer, as counael for the accused,stated Miat he had a communication to present from the accused, which it was desirable to be decidcd.on, it would he necessary to aend to Norfolk for the witnesses. UfA* IT PR.EASK TBE COURT—

bear whatthey said. Q. While they were together did. you seeSmall approach them: if so, what passed: did you hear any conversation take placet

A. Asl was going below I saw some one, I do not know, who, pass along the deck and stop, but whether ihey convened together I do not know.

By the Court: 1 am 16 years old, rated an ordinary seaman, stationed in tfao foretop. It waa not dark when saw tbem together on tho booms. I was on tlie foretop, part of the day on which Mr. Spencer was juresled- -1 (hink it was my watch oft deck when I saw Spenccr artd Wales together. I was going below When the men came u|» then, which was the reason 1 could not distinguish him. I'wss about fivo feet from Spencer'and Wales while they were, talking together.

By the Judge Advocate: I staid below about ten minutrs. and when canje up Wales and Spencer had got off the booms and were on the larboard side. I dotrt know thai Speocer was in the foretop on the day of his arrest I ha Vc Seen him there at other times I doftt remember how he was employed that day. I am not Intimate with Mr. Wales.

By the Court: I dont recollect whether I saw Green, the forecastle man, in the foretop on the day of Mr. Spencer's arrest. I have seen them together more than once, when Green was pricking Indian ink into Spencer's arm.

The testimony of witfteis was here read over to ana corrected by him, when the following question waa proposed by theCourt the witness being cauiinned that he might decline to answer it if he thought pro-

Q. Had you any knowledge of the intended mutiny •previous to Spencer's arrest I .,,

A. No air. .w Henry Stremmolf called ana* sworn—t am 13 years old and a first close apprentice, stationed on the foretop.

The night before Spenicer was arrested, I saw him and Wales on the booms I was sitting on iho bitts about halfan'hour. but did not observe them up there till I came off the bills Ward M.Gacely was with me. 1 heard Spencer call to Small and say aomething to him, at which Snail turned his head round and seemed astoniahad Small waa convening with Wales and Spencer about ten minutes Sponcer and Wales were tofather abont half an hour after I got off the bitts where I bad beenabftut half an hour before 1 noticed tbem It waa between 6 and 8 o'clock in the evening.

The Judge Advocate subjected this witness to a rather severe dtps examination, bat without shaking hia testimony in the least, or eliciting any thing of any importance.

The witnesa* testimony was then read over to and •cted by him. and ard M.Gasely waa called and sworn: la 13 years i*f age was on board the Somers aa first class apprentie# Hie night pravpoos to Spencer's arrest, Wales jwnccr were ainag together on the booms, and jBasall Stremmell and myself were sitting on the bitts 4.bsard Sfnocer and Wales talking a great deal toaeth-

talking a great deal toget

I was called up, and Spencer ssid aortieihing

to Ma| with which Small seemed displeased, and drew ^hsadfaack I ilten heard Spencer say, to him, 'lis ill Me,.and

will have another oeevenatlon with yea

Tbe wittMM having been caress ®*amin«f, his tertljnony was read over io and owrracled by him, and the «dl lOoVloek this (Friday, morning

•Ml

Laws

Office?

who wan to miwe HM»postsof mat and aeeomi omcew. He did not mention Cromwell's name, nor any to me. Hk, Cfomwell, was about 35 years old. of athletic mafce-Uwnall waa a£out 30, of slig ht^nd active fortn„uiterie lhe witumsaid he w»^ld w®k, ttf cor-

I am prepared to prove that in the ship in which Mr. Spcncer£»iled previous to his joining the Somers, he hsd a profect fo capture that ship, ana to convert her intj? a pirate, and that he communicated anch project to several of her forward officers, and in the presence of various of her crew. I rcapectlulljr desire to know whether such testimony will be received by theCourt, fn order that the Accessary witnesses to prove it may iaumsaoned from Norfolk. (Signed)

ALEX. SL1DELL McKENZIE, Commander U. S. N..'

Mr. Doer made a few remarka in support of such tesmony, and said it was their right to adduce it of the irt ol the accused at any time during tlieir defence, aa would go far to prove the guilt of bpencer The Court waa then cleared, and on our re-aumisston ire were informed that the testimony desired by tits ntieuaed could not'be received in evidence. ^^Williaaa NewelLratccLttaiiiMtrv,seaman on board the pamers, ral was interview

Spencer 'and Mr. Wales: if so, state

^hat A. I aaw them together on the booms about 8 o'clock in the evening of the day previous to the arrest of Mr. Spencer.

SATCSSAT, Feb. Ili„

TbeCoatt n*t ai the oanal hoor. Cotnetaader MdKemcie prssentod the letters o4 l*«s ofsets lauwewwaidiaf the esesattM of SMMCT, Crom^1 and 8mall.«n7ate» the«v«deaee of the crew b+ itbeeooacAoreAewa. I^e J«d*a^A*hrocat« okrfto reorinnf ttw papeta, when the Court was

Ob theopemngaf das Cenrt. iba Jodge A Mfa tbag papor, s»tiftg hia reaaoa fisr ebfsctn f». put fvpliei to the efcjscuona, when tb

-A4— ning. tbeConrt

Aa letHta,' bat asc the evideaas tor

Osawvesn was tbea erilad, aad pat aa-

drftiirtiiaUisa in*

It iaealealated tiMtoetof tbe wbde popaktion of taelia aarf the snhaxbe, aboat forty thoaaaml aabsiat jg lhaif iffg.

WealMl wsBt aathiag bat basfends, and wbeo tbey1

baewaes Hess, ibsf waat every tbin*.

las eftea base

itfe i*a» Jibe ft,* says taet traet It wttbsat prayer

ltcyl»iiitwr€.

A JOINT RBSOFjUTIOlf authoriaing the immedinte publication^!* ao mnch of tbe lieVised CodeT as regatartes the snjttwstag sad empannellia? grand ntpd yrtit#ron^ [APPKOVED rcsaDART 8,18 jS.]

Ktsolved if tie General dfttemblg iff tfe Stfttt of 7adiewe, That the Secrejiry of State is hereby aathonzed and requir^ to have psbliehed in tbe Indiana Jotirnalju^d StateiBaaiine|» aU tliat parf of -the„Revised CSdpK' en»ctad4at ttiejjfreeeht Sessioo, whicfa folates to the summoning anJ empanlffeftlhg grand and petit jurora, and that auch law shall be in force from and a it a at on

7 A E 48.

Of the mode of summoning, and cmpanndling grand and petit jurors. See. 1. Eighteen grand jtiroristtkll be Alecte8,^y tbe Board of county commissionars«f aadt caunta^ to attend on the first day of each term of the circuit court, and twelve pelil juinta for eacband-every wnekof aaeh term of said court, for one year succeeding auch selection. asc. 2. Such jurors sip It be good, respectable freeholders, or householders, resident of the county in whidi thev ere selected, ahd -taxable therein. ^tc. 3.-^uch Board of county com miss

SEC. 6. Tho Clerk shall write the names of stich grand and petit jurors, an aepsfaie panels, distingnisbing fnr whuA terms of the cdurt mch grand jurora, and

Sac. 8. irthe terrnof any eilteuit conrttliall hnve 1

commencing with the term of thecourt next fallow ing the term thus happening, within said period of thirty days

SEC. 8. The Clerk of the circuit court shall, at least thirty days previous to the sitting of the court, make but two writs, containing severally (he panels of iho grand and petit jurors, selected as aforesaid for said term, under the seal of tha said circuit court, directed to the sheriff of the county commanding him to summon said jurors to- sppear at such term, at the court house in said county, to attend to their duties as such jurors..'

SEC. 9. Each and every person summoned aa a grand or petit juror, under the provisions of this chsptcf,

SEO. 10, Whenewr the Board of county commissioners shall orah to make the selection of grand and petit jurors st their May session in any year, as above provided, it is hereby made their duty to makosuch selection at their next, or any succeeding term and auch Board, and all other persons concerned, shall be governed by the same rules, and be subject to the like restrictionsnnd penalliea, as are herein lieforo provided.

SEC. II. Nothing in this chapter shall t»s so con* strued, as to prevent oersonsover tlw age of sixty years from aerving as grand and petit jurors, nor to pre7tnt the Board of county commissioners in any new county, from selecting grand and petit jurora from the citiaena of said county, nt their discretion nor, in any case, to prevent jurors from being obtained, as at common law, to make up any deficiency in the regular panel.

SEC.12. The President Judge, of ihe ciloui^ ofc in b!*abwBM. tli-r /Igaftirii'-n rfurbiff tha tftttinji at the circuit 'cotiw, fn eacTi coantv fn tho State, may make an order npon the order book, directing the time, nt which the petit jury shall be summoned, to attend the said court, during the next succeeding term nnd in making Said order the judge or judges shall have reference to the probable amount of business, and shall direct the jury to be summoned at such time during the term, as will most facilitate the same, and lessen the expense to the respective counties.

SEC. 13. It shall be tha duty of the several clerks of tlie respective circuit courts, to make tlto venue for petit jurors returnable at such time as the said judges shall direct, whenever any order is made, as provided in the last preceding section. &c. 14. Whenever, by reason of a challenge, to the array of grand and petit jurors, or from any cause whatsoever, there shall be no auoh jury, at any term of thecourt, a panel ol grand or petit jurors, if necessary, shall be selected by the Sheriff or coroner, or by elixort as the case may require, from citisens of tlie county, possessing the qualifications of jurors.

SEC. 15. Whenever, at tho term of any court, by reason of absence, or from being cmpannelcd, on the trial of any cause or causes, the regular panel of jurors, for such week of the term sliall be exhausted, and a jury ia required for tho trial of any causes, such jury may he summoned by the Sheriff, or other proper ofh cer, from citizens of the county, possessing the qoaitfications of jurors.

SEC. 16. Evorv such jury, when summoned, shall be subject to all the liabilities, duties, privileges, compensation, and penalties, as jurors belonging to the regular panel.

SEC- 17. Whenever a petit jury fa summoned, as provided in the last three preceding sections, ench party, instead of three, shall be entitled to six pre-empto-ry challenges.

uAn

act concerning the repeal of Statutes and -general provisions concerning-the revised Statutes'." SEC- 16. All acts coming within the description, purview, ltieni|ing or intent of the following provisions of this section, which are now in force and unrepealed, and all acts snd parts of acts, amending or modifying the same, or supplemental thereto, now in force and unrepealed, shall continue nnd remuin in as full force and effect, as'if the Revised Statdtes had not been en. acted, to-wit: "SEC. 7. All acts and parts of acts allowing or providing any particular mode Of summoning grand and petit jurotsin tiro connties therein named."

V.' ??, ILUlfOl&KN: ',.1 The Governor and Legislature of this State have nearly completed an arrangement with certain capitalists, holders of their State Bonds* whereby those en pit a lists agree to advance a farther sum of *1,600,000 for the completion of the Illinois Caunl, uniting the Lakes with the Mississippi upon such terms as will render tho capitalists virtually the owners of the Canal, entitled to fix tbe rates of tolls and receive the proceeds, which nre first to be applied to the pnyment of the money so advanced, nnd then to the satisfaction of'the State debt generally* All the Canal Lands and Canal property ef the State, are to be made over to three Trustees, (two to be appointed by the capitalists, and one by the Stale] who are to dispose of lite whole for the payment first of this extra loan, and then for the equal benefit of ail tbe creditors of the State. The Legislature expressly disclaims mil power to repeal or modify the provisioui this act,—it being impossible toneduee capitalists into advancing the money on any other terms. So mocb' for the eomtetency of Locofocoism when brought to the test. Yet we shall not be a whit surprised to see the successors of these very rulers, after they have gat the canal completed, repeal this very law. According to iho enrrent doctrines of their part?,^hey itave a perfect and inalienable right to do sol What can Public Faith be worth when tbe standard of Public Morals is so towns to tolerate and sustain the advocacy of ench doctrines T-~-Trt6tf»e.

It waa among the loveliest customs of the ancients to bury the young at morning twi-

uny

Oners, at their

May aesaion.ahnually, shall cause a number of names, of qualified persons, equal to the aggregate number of grand and peiit jurors inquired lor the several terms of the ctDBi^it court of soch County for iho ensiriny year, tolie writtcii on. separate pieoes.of paper, andput into a box providfed lor that purpose/

Se£. 4. The Clerk of the dffi&it court in the presence of such Board, shall draw frmnaaid Box, eigbteeri namea for grand jurors, and twelve names for pfeyt jorors, of the first term of such year, if the. term of said court does not extend by law, to a'longer, time than one weak: if tho term extends to two weeks, these twelve names shall be drawn, marked, and designated as petit jurdra forthe ffrst woelt, alnl tweTvo names for the second weekef such termvand the Board ehall {iroceed, in likemanner, when any term extends to.a onger time than two weeks, to Cause twelve names to bedr»wn, marktd^ nnd designated for otchsueh additional week: and the*grand and petit jurors for each succeeding term of the year, shall he drawn, asjabqve. described, from aniid box.

light ,* for as they strove to give the softest of discrimination, but believe that interpretatioo to death, so thoy imagined that this section is susceptible of being understood Aurora, wh^ loved the youtsg bad stoien them bra Common Counoilman from the «, lohersmbrac*. ..

fr-

^FSTR--IJF

Mr, JQdifort—My attentkgt was directed tt aamrtkrle Vouf paper of #eek beibr*" HTWI QUER the signature of*"JOAN 7)OI," tng "t^%ttention of the Common Couaeil* to the legafc interpretation of the Skh seclion to amend tha Tow,pChnrter.*'

That. acictioQL authorizes the Board to "grade, drain, gutter, pave or me'sdnmiae a-

of the streets or niieya in said Corpora^ "tion at the expeaseof tikeowaer of property "fronting therefm by a ta Io be tovW as if "other cases on the uniitmroved value thereof, &c." y. ./ "JOUXJ)OK'j takes ttip. ^rtMnd, franv th«phraseofogy of fliia* sectionv tltat, far au improvement on o'njf pat of o%tr^et« Mt^prop^ erty on the whole street shouM W*1tzed.— And as I take tfie opposite ground th^t, the property on the improvement only should be tnxed, permit me to ofler a few ^iel* remarks, in its' defepce!.

Under the Charter as first adopted (seQ. 54) the Board hbtl full power to open, grade &c. all streets and alleys by general tax. Thi* being tionstt&red oppressive upon those owning property .at a distance from that part of town wherein it wns supposed the streets would only be improved for a number ofv years to come, a committeewasappojnfed by the Common Council fo investigate the sub-, jectand report proposed amendments to tha Charter, obviating this unequal tax. That3 report was made-rnpproved of by a meeting' of tho citizens^ and been me, by an act $f ih» .Legislature, a part of the Charter I

Now if a general tax was oppressive trpon those citizens living nt a distancefrOlt^im--proved parts of streets, I think I sbaU be able to show most conclusively that the amendlitlegal.

nt, under "JoHN DoeV'

for which went of auch termr the petits tumrs have I ,» ., been wlect^d wliich panels, he shairreeord in theor* construciiont Would bo doubly go* It IUC der book of such circuit court. I coed in this, his position as a matter of?

courgo inU8

been extended beyond the time prescribed by law, when tlie grand and petit jurors formch term were selected, such jurors shall serve to the end of the term if the contemplated by the ~K~~ (LAOAAMVM LITA AWFC MMMI«A .TF I.^

Sec. 7. When the first term of the tourt, next alter Ohio street, and grade that Street as far back, the May session of tho Board of county commissioners, perhaps, as tho public squn re. Considering S may happen within thirty days after such session, the S..

who, after having received ten days notice by the she riff, shall neglect or refuse to attend as aforesaid^ shall Corporation would have had to pny in a w^.t. ing attorney notice having first been given by reirs I ask, would the same individual havaftad to /«cias or '"'aclunent to ilie offending porte nt least pfty }m(] (he lax been confined to that Street I .en days previous to the making of such motion

It may be said that it would be unjust for those owniog property on or near the river tobe compelled. to pay for those improvement#^ when it would be of general utility. With this we have at present nothing to do. Ouri present enquiry is whether the amendment to, the Charter under "JOHN Dolt's" construction is not much more oppressive in its character* than the Chnrter

itself and

his reputation as a legal critic by claiming jt to be his opinion that, tbe framers of thf* section to the Charter, intended that for art improvement made oh nil alley through a single block,4which would enhance the valuedfthe projierty tlirougli which the^improvement: run, and that nlonc^hould be paid for by a tax upon all tho property through which the passed, from one extreme of the Corporation\ to to he I pi no

Msclool

boy" would laugh st such an o^toiotj. From the fact tbat there if no distinctiwi here made between tho street and ajley»j^is clearly evident thnt tlie properly frontjej|pp tlw» imprttctmenL wosintended^ .'v

By *»Jotttt DOBV/ criticism, it is easy to make out even, if possible, a greater incoenstency than his Hegal interpretation." tie •ays that, the word thereon refers to the street. Wttb the same propriety itceuld be said that the word thereof, which follow* tfl tbe same semenco, refers to streets, Making, the tax to he laid on tbe urtimprofQd value of the street, it reads :-'said Board is authorized to grade, dcc. any ef the st«»te 4M?. at the expense of owners of property fronting tkermm by a tax to be levied as *ther cases on tbe improved value thereof*"* 1 do tpqt contend that tbe sags* criticism would rfH^ply with equal foree to the common cotistroction, as both words seem to refer to the same thing tn eitber case,4ut only introduce it to show that the meaning of the, section cannot be correctly inferred from Ue reading alone riot being as clsarly express*' ed as it might have been. And tbat we /nust, consequently, arrive at the true meaniilg by ascertaining the causes which broogbt about,' and the grievance to he obviatedi^by-i^S 9* mendment. i0 1 do not make professions to any great de-

...

J)e incorrect. ..

Under the old Charter it'wia wKwl* 11^ contemplated by the Board to establish ai |,affntH) giaam'jont landing al tkr

r__

grand and petit jurora shall be selected for tlw year, °f how much importance to the owners ef th

to*

sWhy, under the most liberal calculutioti it would have beon at least ten times that amount! And wherein would ho be morebenefited by such an improvement than his neighbor on a street immediately south or, north of him In no wny whatever It can not be said of one who lives at that distance from an improvement, that, because he is on the same street, he Is especially benefited be* yond his immediate neighbors, without doing# violence to common reason. 'Hist it is'Of general interest to every citizoh cannot be« denied* Btjt when tt^-eUiasa a* diatttfi* jj from auch Improvement -admits thisy it is all he can admit, so far as it regards the benefits he has received.

Further! Kris-known that almost'the whole' weight of grading is from the river, back the distance of two or three blocks. Thus almost the whole expense of grading would be thrown upon those owning property on streets running east and west $ while those on the cross streets would have to pay comparatively nothing.

ol*

,L^

property at that point, such an improvement would be, first gave riso to the idea that it would be unjust to pay for those heavy grades by a general lR.\ ns the benefit to owners would not be nt ail proportionate to thie vatue of property near, ana at a distance from tho improvement*

Admit this grade fo have been done at the point nnd lime named and for this improve*^ ment, an individual owning property on that street as far back as the eastern line of the n-

$3? 1 lr

whether sucly

construction does not tovolve the same dif&**fr culty which the citizens wished to»nwjjk ty procuring the amendment. And if this bef shown, which 1 believe to be most clearly, all will agree that the section should not bo so construed*: ,•»

By this construction too much is proven. Mote, no doubt, thun "JOHN DOB" would bo willing to subscribe to. The section authorizes the Board to "grnde, any of tbet streets or alleys in said Corporation, at lJ»* expense of the owners of property frorrtingj thereon." Hero it is seen that, there is qo distinction made in this provision, between attr alley nnd a street* Now I will Mr. DOK

rigkr

©is

SECOND WAE^