Wabash Express, Volume 7, Number 15, Terre Haute, Vigo County, 29 March 1848 — Page 2

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THE EXPRESS,

E Ft E AJU E

Wednesday Morning, March 29,1848.

WHIG ELECTORAL TICKET.

Senntorlnt Electors.

JOSEPH Q. MARSHALL, of Jeffcrwn. GODLOVF. P. ORTI1, of Tippecanoe. District Klectors. In District—Jonn

PITCHER,

ad 3d 4th Slh 6ih 7lh

of Posey.

Jons S.

9ih

vis, of Floyd.

Mii.TO* GSEOO, of Dearborn. T),v.o P.

HOW.OWAT.

too much of the attention of a free people

who wish to continue free. The basis upon which this bill is founded,

itad

it been passed into

men of expanded views, practical wisdom,

and distinguished xeal, who spared no labor

of study and investigation lo procure a law

this subject which should meet the wants

of a great and growing people.

A general law of this kind must and will

bo made, and it is the duty of every citizen

lo inform himself thoroughly on a subject

which is destined speedily to become one of

absorbing interest throughout the State, and

which in all its bearings and tendencies is of

•astly greater importance than all the meas

ures of any other kind that can ever be devised.

How often is it the case when a man gets

bank bill, he has to call upon a second per

son to know its amount, or when ho has to

sign an instrument of writing he docs it

with a Or when he has lo cast a vote,

lie must depend upon another to arrange his

ticket! This ought not and must not be the

case with the rising generation, and as far as

wo arc conccrncd, it shall not be. We will

Arttti.

ELKCTIO*.—On

then tho next best mode to secure a whig represaniatiou in thn icguUture will be by a conven

tion, anJ we shall take an early opportunity to try

WiHckcstcr and

of Wayne.

THOMAS

WAWOL*.

of (Uncock.

LOVSJ. H. ROCSSKAU,

of Greene.

KOWARD W. McOACanir, OR Parke. JADES F. PTIT. of Clinton.

DAKIRU D. PRATT,

I0ih

of Cass.

DAVID KILOOKB,

of Delaware.

Common .School Hill. We publish this week, on (he first page of our paper, the

COMMON SCHOOL BILL

which

wus passed by ihe Lower House at the late

session of the Legislature, but which from some cause was not 8Cled on by the Senate.

The construction of the Bill is highly credi

table to the skill of the Committee ho pre

pared it, doubtless with great labor and application, and its provisions evince liberal

and enlarged views on the subject of popu4ar education—a subject that cannot engross

law by bulli Houses,

would have put the interests of education

in our State, so far in advance of the present

penny-wise system, that we regard its fail

ure as a matter of very serious regret. Upon

careful examination, we see nothing in it

which might be essentially amended. Its

general features are excellent, and we hope

the lime is gone by when argument is ne

cessary to prove to the people of Indiana,

that a general system of taxation for the sup

port of Free Schools is a measure demanded

by the highest interests of the State. It

seems lo us that the man wbo would at this

day oppose such a measure is either dull in

his comprehension of even self-interest, or

has been "born out of dtio time." We trust

that at the August election the voice of the

people will rise as the noise of many wa

ters, in response to the question of the Le-

gislaiure—nhall vat tax yoit fo educate your

childrenf and that every hill, valley and prairie^ from the river to the lake, will reverberate the echo—EDUCATE OUPv CHILDRKN!

Wo are so confident in the belief that

such will be the will of the people, that we

regard the great question now before us to

bo on the adoption of the best system of

Free Schools. This bill has been elaborate

ly prepared by a committee of gentlemen,

appointed by the friends of education, con

gregated from all parts of the State—gentle

ing

voto the tax for free schools, and if that is not carried, thoso depending »Pon us shall P"'P'« of Terre-Hautu a.e very jealous of ihe »p-'

bo sent to school oven ir we have to deny

ourself of every personal comfort to pay the tcachcr's bill.

Monday next, the tld

of April, the voters of Vigo will meet in the va

rious townships lo elect their township officers.— We hnva heretofore called the attention of tho

whig* to the propriety of opening a poll at that time, for nominating by ballot, candidates for the

legislature, and we hope they may not forget to do

it, for wa think if tho plan is onco adopted and properly attended in by whig voter*, they will al

ways bo represented by trhigs of the choice of the majority. If, however, this plan is not pursued,

and have one contrcued and, for ourself. will do all we can to sustain the choice of that conven

tion. \V« prefer the former mode, but will help the latter, should the first not be adopted—any

thing for union, concentration and success.

Next winter wc have an United States Senator to elect, and we need all the whig voles for thai purpose Utat can be raised. The State (and other Slates) expects Vigo to furnish two of these vote#, because we are known in every place as a decided whig county, and it would be a deep reproach if we fell short of the general expectation. We hope, the whigs of thie county will be sure to arrange affairs, 0 as to throw our proper whig strength in tbe true whig chsnnol when our legislature comes to ballot for a Senator of the United State* from Indiana. All this can be easily done by the proper organization—without which, however, we have no confidence in the result. As this is our last paper previous to the township elections, we could not help once more exhorting the whigs, and candidly am) earnestly assuring them that thev have too long slept upon their rl§ht*. You must shake off your slumber before it ia too late.

DKITM or JCKSI Sraacaa.—The venerable Ambrose Spencer, formerly Chief Justice of New York, died al Lyons, N. Y.,00 the 13th, inst. the age ol 83 year*.

Paris

(Kentucky)

Turnpike.

VVe notice from the Lexington Atlas and Pari* Citizen, that an effort it now making to construct a M'Adamised road between Winchester aiyl Pari*, a mad which will give the central and northern portion* of Clark county an outlet to Maysville, on the Ohio. The spirit of public improvement seems to be actively abroad in the land, and we hope it may not ceaac until every county is closely united by all means of ea*v intercommunication. The Winchester and Pari# '1 ornpike will paw through and over a portion of the richest land in Kentucky—a soil that produces the finest and fastest horses—the largest and fattest cattle— the heaviest and plumpest porkers— the sleekest and strongest mules—the tallest and strongest hemp—the !est and purest men, (for Mr. Clay is not fur off.) and last and moat important, the sweetest and most beautiful woniif- With all these advantages. the road will surely be made at an early day, and will add to the many blessings of health, wealth, peace and contentment, which that favored eountiy has ever enjoyed.

We hope this road may be sjeedi!y made. We presume it will go out of Winchester by the old

farms of Mi'ssrs. Skinner, Didlake. Anderson, Clinkenbeard, Bean, Danaldaon, Bristow, Reed,

Thatcher, Stoney Point Church, Wiaeinton, Hazlerigg, Green Creek, and so on to Paris—windins

along through a country as beautiful, as rich, and as healthy as the most favored spot known to trav.

ellers or written of by historians. VVe have gone

over the old road when the mud would almost draw Ihe calk from a horse's shoe—Ihe shoe has

been drawn off often, and it is now time to have a better thoroughfare and we think if every farmer

interested in the road, will lake stock to the amount of the profits of their stock operations and farm

ing for one or two years, they will make a road that will be a credit lo them ami their children af

ter them. We hope brother Lyle and old master Finnell will keep the ball in motion. 1 he road

will go near the pravc of our father and may destrov a copse in which we sought for birds nests

in our childhood but it will not disluib his unbroken slumber, though it may grieve us lor a mo

ment, to think that even a robin has been driven from a haunt we both have known so well.

Common School Bill. Mr. Danaldson—It i* known to most of your

rciilrr* that durinit the Inst session ol

thcGener il

with us in llii* opinion, we desire that you will publish ihe bill we send you, which is substantial-

11 w'v^7eipeyrifullvH0USe'

CKPHAS S. HOLDEN, AMORV KINNEY.

Terrf-llnute, March 21, '848. The very important bill which is alluded to above, on a subject in "which every inhabitant of

Indiana is interested, will be found upon'the first page of to-d.iy's paper. We commend it to the

Mreful perusnl of our readers and lo the attention

of our exchanges.

ID" The Loco Convention, which lately assem

bled at Frankfort, Kentucky, nominated Lynn

lloyd as their candidate for Governor, anil Geo W. Johnson for Lieutenant Governor

nephew of Col. Dick, but cannot have much hope investment6'1 °"N

of success in the race he h«s lo take. Kentucky

„r ,JL o, twralv-rivo £«. .jocluo U* .-end,,

Lynn Boyd has since declined the honor of be-

beaten by John .1. Crittenden. Sensible.

.0 tell him that Mr. Trist made a treaty of peace

with Mexico on the 2d dny of Feb. last, and that

that our Senate has ratified all of that troaty, and has sent down

ILTrha Vincent.™ Garetlo thinks thst "the

iJly rowing

cennes) and the editor of the Express loses noop-

nes)

portunity to give us a slap.*'

entertained occasionally, by Si. Louis towards

Alton. It i* certainly very reprehensible, and the people of the former city, a« well as those of Ter-

re-IIaute, should abandon it as soon as possible.— Wc think itprepMteriott*.'

his

eial advisers do not possess the confidence of the

are generally on hand in a fi^ht, the propriety of which they settle afterwards.

O*0ur State Taves for 1848 are as follows: On each hundred dollars. -5cts. On each poll 75 Hospital for Insane, on each $100 1 1\ m, Deaf and Dumb Asylum 2 2J Education of the Blind .....1. Total State 7'ax on 100 30cts.

PASSAD* or

THE Ttx

(trOn Saturday last, at the Court-Hnuse in this the stock-holder.

l,e

4V*"x &

Our Financial Affairs. Our business, in the office entirely prevents us from calling personally upon those indebted to us, on account of subscriptions, advertising, job-work, See.', and we

find that

cent which may

now need every

can readily say that

them with much dunning—hence we presume, they will be the more ready to liquidate our small claims and for this purpose we have engaged the services of S«.criits Bnow^, wbo will in person wait upon our friends, in our name, and we hope he may meet with a cheering reception.

To prevent mistake* and hard feelings hereafter, he will take bills with our receipts, which if taken up, will always be good against us, and we indulge the hope that he may be seldom turned away empty. T|ie more he collects, the better it will be for Aim and us, and as he is quite old and could scarcely do anything else, we hope for his sake even, that he may be successful.

Those knowing themselves indebted to the Ex

press Office,

Snprenic Court of Indiana. November Term.. 1847. We presume the following decision in the Supreme Court of the State will interest many of our readers. We copy from the report of the State Journal.

MARCH 17,18=18.

McQuilkin v. Doe ex dem of Stoddard. Error to the Vigo C. C. BLACKFORD

This was an action of ejectment. The land in question was owned by a non resident and sold for taxes, road and county, on the 4th of November 1821. The road tax in question was assessed, and the sale for its non-paympnt made, by virtue of the road law of 1822, which BET with many others was repealed by Statute of the 31st of Jan. 1824, which took effect from its passage saving, however, anv act done, &c., previously to .the taking effect of the several acts of 1824. On the same day on which said repealing act passed, road law was passed, which was to take effect from and after its publication. As the road law of 1822, under which the sale for the road tax was made,was repealed long before the sale, the ille-

ie sa wou

Wc should,

'd be manifest, were

it not for the saving clause in the repealing

Assembly, ihe Hi''''e'."'"',' act, but that clause does not effect this quesIjill on »e su ject .ominoii •j/j want of

1 00

lefeated in this henatc (as was MIIIIJ lor warn oi time to consider it* provisions, and,as many of the latter went into operation these laws

time to consider its pro our fellow-citizens have inquired of us n« to the nature ..f that bill, we have thought that ihe public would be pratilie.l ly a. publication of i1, as it ol 1822 being thus repealed about the 3lst passed the House, in your paper. If you agree of January 1824, and the sale not having

The former law ceased to exist after

being clearly repugnant to each other, Ihe first was superseded by the last. The law

been made uniil November, 182-1, the sale

therefore and all the proceedings, for the col lection of the tax after such repeal were void. In consequence of which the purchaser at the sale for the taxes under whom the defendant claims had no title to the premises, and the plaintiff was therefore entitled to recover. Affirmed,

From the Indiana Stale Sentinel.

Indianapolis ami Bclfbntainc Railroad. Having noticed this road in a former article. I desire to say a word, to those immediately interested in its construction.

It was intimated, that the Madison and Indianapolis railroad company, was directly jj|

ilUe

1 it .1 1, .v. \tr it 1 arm rrrppn enniitih to "J0''*'

hardly think that Mr. Boyd vtan

r(?sle,1

Breen

a,K c#onot

enough 0

resign a sent in Congress to be beat at the August 110

CIHU8

gtoclt-holders of that company can fail

8eC)

election in Kentucky, and his friends hnvo cer-, cure a permanent interest, and direction in a Committee was instructed to inquire into tainly required groat sacrifico at his hands in work that may add immensely to the busi-1 expediency of establishing a naval retirgivinghim the nomination. Mr. Johnson is a "f* and profits of their own work, while

MUS

Thp s,ock.hostl"ers

will probably show her whig strength to the tune Pendleton railroad, are authorized to transfer

'e' charter. 'To1

h»1'

f°

W a minister which

almost insures a Mexican ratification

PR°^C PF°

l''18

'he

game 8m g(ock in

place,the Re». R. M. Newport delivered a lee- The provision in the-charter, that Ihe

-Kuckville Hen-

lure in favor of tho Mexican War, tinel.

VVe suppose this fighting clergyman is bound which the road passes may lake slock in the to have his speak out. or bust. Mr. Brown ought'

1,ec»(.,e'

hostilities then ceased. He ought to tell him loo, rnitt^tl, as a tax-payer in one of "them, to

arid if the

reverend nu.sanco xcll continue to harangue,.

war

years in proportion, from county taxation, a

,, crease the value of ihe rea! estate, and the

prP(luce of lhe farmers in

east

Parity of our beautiful city, (Yin-1 coun Lea are compelled annually to throw

wa7

press loses noop

UTTheopposition in the Cansilian Psrlisment ly conversed oil the subject, estimated the carried their amendment to the address to tbe t»o- I,,r mile, as follows grading. $2,000 vernor, by a vote of 54 to 2t. tbe concluding clause 1 .«K)0 iron, $2,700 extrti .L L- «. 'bridging for the whole road, SlO.OOO: this of wh'ch intimates to

a large part of llieir produce in ex

penses in getting it to market, for the want

... ... ... .... 1 of on outlet, like the road in question, Wc have heard that a Icelme of this kind was ._L- •, _• ,| .. .' which will give them the choice of the eastern, or ihe southern m»rkct.

Tfiia road, a* I slated, will be one of'thc

least coMIT of construction, of any road of Ihe same length any where, owing to the character of the country over which it will pass, ami the facilities for its construction. An engineer of repute with whom I recent-

excellency, that hi* offi. .11 .... I, I would make the road to the Ohio line, 80

i|cg

country. We shall not ho surprised at an out-jhelf a million. break in Canada, in favor of Republicanism and When we lake into consideration the if so, we fear our boys would ttral over, as they 4re' importance of the work, and its small

RKATXC^T Bin.—We

team that the Ten Regiment Bill was pasted in the Senate. March 17, by a vote of 39 a res, to 19 nsys, being a majority of 10 votes. The object of its friends is to have the account of its passage sent out to Mexico with the news of tbe ratification of the treatv.

N*w Hixrsxtat EL«CTI«5.—Retoms have been received Srum about two-third* of the Slate of New Hampshire, The democratic candidate lor Governor is elected by a majority of 2 to 3000 There is a|«o a democratic majority ol 20 lo 30 in tbe House of Representatives.

Tha U. St, Attorney Tteneral has been ppointed by tbe President, aa joint comnisakmer ta Mexico, with Mr. Sevier, Che latter of whom, At last advicm. ww serumsl UI at Washington, with intermittent fever.

§506,000, only a little over one

cost of construction, there cannot it seems to a at to taken and the work constructed at an carl) day.

I shall tn another brief No. speak of the general bearing of this road, and its great importance as a thoroughfare between the Eastern cities and Central Indiana, for it is in that particular its superior claims to our support consists. s.

Q^HOB. Ed. Hannegan tskea the post of Chairman of the Committee on Foreign Relations, in the U. S. Senate, in the place of A. H. Sevier, who was lately appointed commissioner to Mexico. This ia very complimentary to him and lo Indiana.

STThe State Sentinel publishes an article from an eastern paper, which digs it into the War Ledurtr, MajfUt, at a great rate. Arn't the Sentinel editors afraid that Mister Maffitt "will make them answ«r for this in a court of justice!" 11a! ban

A STARTXIKC. FACT.—Governor Briggs.al Ihe temperance meeting in Faneuil Hall, Boston, on Tuesday evening last, staled that tbe Report of the committee appointed to inquire in retard to the idion in tbe comnwnwealih showed that there were from 1,300 to 1,300 of that unfortunate clas*. and also the astounding fact that 1,100 to 1,200 of then were bora of drunken parents!

THTRTIEril CONGRESS. FIRST SESSION.

SENATE,

doe as. Our patrons

have never importuned

March 17.—Mr. Badger gave no

tice that on to-morrow he would introduce a bill-relating to the true intent of the franking privilege.

MT.

may prepare to see the "honest old

salt agent" in a few days, and if he is properly treated, he will not be troublesome—if otherwise, there will be disappointment and sad feelings with the PROPRIETOR.

Clark moved to take lip the resolution which he nad previously offered, calling on the President for a copy of the despatch to the Consul at Monterev, California, forwarded in November, 1845, by Captain Gillespie, but destroyed belore reaching its destination.

The motion to take op the resolution was agreed to. when Mr. Haiinegan offered an amendment leaving it discretionary with the President.

The amendment was agreed to, and the resolution as amended passed. Mr. Niles' resolution, calling on the President for information relative to Mr. Bancroft's correspondence, was adopted.

The Senate then proceeded to the consideration of the Ten Regiment Bill. Mr. Berrien being entitled to the floor, ably opposed the passage of the bill. He stated that the object for passing it now, was to operate on the fears of Mexico, and lorce her government into a cession of Territory.

Mr. Foole here called the gentleman to order, slating that he alluded to matters which transpired in private session.

Mr. Berrien said he alluded only to what the President's Message affirmed. The Vice President decided that Mr. Berrien was in order.

He then resumed his speech.

HOUSE,

March

17—The

HOUSE,

of the Indianapolis and

ne of

a a

n.w« uq a 1 a

,ai 11 wl

he (8X pave

why, Mr. Brosvn can't help it. return? The stock must yield 10 the counMr. Brown will oblige everyVodv by reporting ties a full dividend for the taxes invested what (he preacher said '•\ufamr of tho Mexican

ant

Speaker announc

ed as the first thing in order, a resolution to print

100.000

copies of the Report of the

Commissioners of Patents. A debate sprung up in which several of the member? participated.

SENATE.

March

20.—Agreeably

March

cour8e

'™P?«8nce

he vo(er8 q[ lho8J counljeSi m8V be

I the material points submit a single remark. The only objection

(that can be urged against it by anyone is, moved to amend, by subnrifl if tlm that it will require additional taxes lo pa^

to a mo

tion, Mr. Badger brought in a bill relative to the true intent of the franking piivilege, which was referred to Messrs. Yulee and Badger.

The deficiency Bill on Mr. Benton's amendment was taken up and after a long discussion the yeas and nays were demanded, and the votes stood as follows: Yeas

The Senate then adjourned.

HOUSE.

March

SENATE,

Vn„1.he.?Br,Jr completion of this (j motion 1500 copies of the correspon-

suppose that the saga-

ence

21.—Mr.

HOUSE,

,|iose counties at

twenty perccnl

The farmers of those

Clingmnn Tose to

P»vjle8« question, and moved to reconsi-

es, r( 8-y' 0

!™n

correspondence had not been furnished to

"k,^

worth much more thaa the present stock to,opPose J.° '^,ng "P'LV" vT, A,i1Prlon

Madison, Delaware, and Randolph, through

provided that the voters of those coun-

herefore

Senate rc 1

decidedly

ni0Ted lo ln Loan 1

county commissioners of the counties of °.®ree ...

Mr. Badgeroflered an amendment, striking

out the provision for a mission to Rome On this amendment a very animated discussion sprung up in which several members participated.

After some time spent in debating, the the amendment and

(jUef!'0,n•.

WBS

uaiti in uuc ui lilClil* IU 1 1 .» .* n/%

t,ie ne

iln ,in

squire additional taxes lo pay

... the subscription. This is true: but will not

receive a tenfold equivalent in

the tax payer will be relieved, in after

eas

7, nays 3

for.B,'"l'

mis8ion a rovision {or a

Minister resident. This Amendment was also rejected 19, nays 23.

I O I I O MARCH tfERM, 1848.

13,'nays

28. The bill with slight amendments was adopted,

20.—Mr.

Sawyer moved to

take up the bill which he had previously introduced making provision for bringing home the dead from Mexico.

Mr. Haskell spoke against the bill. He thought it better to pension the Widows of soldiers.

A message was received from Ihe President communicating the correspondence of Mr. Trist and Gen. Scott with the Government.

It was ordered that the usual number of copies be printed. Mr. Vinton moved to take up the Indian appropriation bill.

-yen 8

Alter a slight amendment, the bill was passed to third reading, and mode the special order of the day for lo-morrow.

March.—22.—The question before

the House being Mr. Clingman's motion to reconsider the vote lo print lhe correspon deuce of Gen. Scott snd Mr. Trist.

Mr. Jacob Thompson spoke in defence of lhe Administration. Mr. Haskell followed in reply.

Mr. McLean next took the floor, and spoke on lhe same side with Mr. Thompson, and in reply to Mr. Haskell's speech.

Mr. Clingman rejoined briehy. Mr. Inge obtained the floor, and the House adjourned.

SENATE,

March.

22.—Several

petitions and

memorials relaiing to various subjects, were presented by different members. Mr. Yulee from lhe Committe on Naval affairs reported a bill lo establish a Naval retired list.

The same gentleman reported another bill from lhe same Committee to purchase American hemp for the use of the navy.

On this bill an incidental discussion sprung up in which several members participated. The bill was theu read the third time and passed.

Mr. Cass gave notice that he should call up the Volunteer bill as soon as Ihe Loan bill was disposed of.

The President has signed the bill for the relief of the heirs of Paul Jones. Mr. Atherton then moved to take up the Loan bill which was agreed to.

An amendment was adopted requiring the bid* to be opened publicly by the Clerk. Mr. A'herton then look the floor and advised speedy action on the bill as he intended to advertise the loan abroad.

Mr. Webster then obtained the floor, but gave way to a motion from Mr. Hannegan. that the Senate go into executive session, which was agreed to, and after some time spent therein the doors were again opened, and a motion to adjourn was carried.

House.

tMarch

Objections were made". The House then proceeded to tbe consideration of tbe order of the day being Mr. Clingman's motion to re-consider tbe vole on the printing of the Scott and Trist correspondence.

The motion was debated al great length, ant finally laid on the ub!e. Mr. Vinton moved that tbe Hoose resolve itself into a Committee of the whole on the State of the Union, which motioo was agreed to. and proceeded to the consideration of the Indian appropriation bill.

The Committee fioaliy rote without action and adjourned.

R: [HKFORTKH FOR THK KXPRKSS.]

MARKLE versus ROSlJ The above case, having excited very general in

terest in this community, we have procured the opinion of the Court which we lay before our rea

derS "r-.: ifjw Much 25, 1848.

FBsnsstcK

Mahklk

vs. The unknown beua

of ll*pp ti al.—LAW, J. Bill filed in V130 Circuit Courtt April Term, 1828) by Fred. Rapp against the heirs of Marklc, to forclose. The bill was filed acainst the widow and all the heirs except Frederick—he is rreithe^ mentioned in the bill, nor ihe subpeena. The subpoena was served the 28th of March. 1828.— There was not service in time for the April term, to obtain a decree, but at that time the adults, Abraham, Henry, Sarah, George and.Catharine, appeared by Huntington, their counsel, and it appearing to the court, that, by suggastipe and the return to ihe summons issued on ihe bill filed, Nelson, Frederick, Joseph and Napoleon were in' (ants, the court appointed Huntington their cuar dian ad litem, and decree confessed against the whole, Frederick included.

In the beginning, it is contended that the Caption is no part of a decree. This point we think is settled in Daniels, 2d, 1210, where it is shown that a decree consists ol three parts— 1st, date and title of parties 2d. recital, and 3d,_ order of court

It is said the decree is false, in stating that by return of summons, it appears Frederick was summoned. Strike it out and it would read "upon suggestion" that Nelson, Frederick, &c„ were infants. Wrhose suggestion was it 1 not complainants, but Huntington's for Frederick, as well as the others—for aught we know, 011 Frederick's own suggestion—the record does not show.

If process was not served oil the infants, the complainant contends, no guardian ad litem could he appointed. If he is appointed, without ser vice upon Ihe infants, our Sapreme court ha»e decided that 1110 decree may be erroneous, hut not void. Thonipsonrs. Doe. ex dem. of Hare, Novem her term, 1846. Hough and others vs. Richard Canbv, same term. Then if ihe decree is void able only, and not void, the purchasers for a valuable consideration, will hold as in the eases above cited

A decree in equity is, for all purposes, of as high character as a judgment at law, and a decree by consent, whether by an adult or infant, when he appears by guardian is always as binding and conclusive, unless procured by fraud. And so far has the doctrine been carried, that ono affected by a decree, though not party, may aver and prove that it was entered by agreement of parlies, although it contradict the recoid—vide Daniels, C. P., 1210, notes.

The cases of Vorhecstw. The Bank, lOdi PC' ters, and G— Lessee, vs. Astor, we think settle the question, as to the ctTecl of the decree on the rights of Frederick Markle. The court having jurisdiction of the subject matter—and a jurisdiction over his person by the appointment ol his guardian ad litem, even without his being made party to the bill, or served with process. The case of G- Lessee, vs. Astor, is a very strong ca«q— ihe proceedings there were erroneous iu nearly every particular

These cases settle, as it appears to mo, that the decree was conclusive, as to the rights of the parlies litiaated upon. The moment the guardian, ad litem, was appointed and put in his answer, whether the infant Marklc was a party to the bill or not—whether process was nerved on him or not,

A very warm debate ensued, and great: his rights in the estate of his father, to the lands confusion prevailed for some time. mortgaged were adjudicated upon, by a competent Order being restored, several members tribunal, having jurisdiction of the subject matter, spoke in succession, and the bill was order- and with all the proper pnrt.es before them beed to be engrossed. y0!"1 «l«ree was not necessary for a bona

T. 1 fiat purchaser to look.

memorials relative to various subjects, were presented and referred.

relaiive to the slave trade were order-

e( t0

be printed.

that MOW is the time for them to se- On motion of Mr. Yulee, the appropriate

March 21.—Sundry petitions and There is a IniecaBC quoted in a note to Daniels' Chanccry Practice and Pleading, vol. l.pagc 204, Day vs. Kerr, 7th Missouri Reports, in which the

Among lhe petitions was one preserfted very point most relied on by ihe counsel for the by Mr. Hale from Mr. Fitch, of Pennsylva- complainant, is over-ruled. It is there settled— nia, praying for the immediate and peaceful "that where infant defendants were not-served with process, but 011 their motion, as appeared by the record, a guardian ad litem was- appointed, who proceeded in the cause. Tho court held that '•the decrec against them was not void, and therefore could not bo impeached in collateral suit."

dissolution of the Union. Laid on the ta-

Looking at tho record and depositions in lhe case, can any other inference be drawn, than that Frcderic Markle. though not served with process, made the suggestion by which Huntington was appoint ed his guardian ?—we think not.

Let iis noiv examine tho ot her question mado hy Ihe complainants, which is, as to lhe operation ol tho proceedings under lhe decree, in lhe sale of tho mortgaged premises, and the deed by lhe commissioner lo Rapp..

The proceedings to foreclose were had under the Revised Code of 1824, pane 194, section 18 Under the decree it is directed "that the mortgaged premises be sold at auction, for a sum equal lo the amount of principal and interest due to the lime of sale, deducting the payments made, and in ease the said mortgaged premises did not sell for lhe amounl due on said mortgaged premises, by tho hid of any third person, the same lo be struck off or dolivered to tlie.complainaut in satisfaction of tho mortgage."

A commissioner was appointed who gave legal notice and executed a deed—lie also made his report under the decree of the nmount due up lhe lime of sale—Rapp became lhe purchaser, ho being tho best bidtler, for 2187,02—tllfl amount due being $9165,14$. The report wa accepted by the court. Al the Sept. term of the court, 1828—the commissioner reported tho execution of the deed, daied 10th Sept.. 1828, to Rapp, for lhe lands sold, in full satisfaction of his mortgage debt—under the deed from Rapp defendants claim ns purchasers.

It is contended that the proceedings are void, even admitting the decree lo be right against Fred erick Markle, am! that the decreo was not carried into effect by exreution Scire Facias, directed to the Sheriff, who alone under our law could sell but by Ihe commissioner appointed under the decree that no other officer but lhe Sheriff hud the power, mid he upon the execution prescribed by the net ol 1818 a scire, facias.

Unt it must he remembered that there is a wide difference in the mode of foreclosing mortgages under the act of 1818, and that of 18-*4. Ihe first was by a scire facias nn the common law side of the court—«hn other by a hill and an equitable dccree on the Chancery side of lhe court— praving a foreclosure ol lhe equity of rcdempiion

We therefore come to the conclusion—1*1. thai from the adjudication of our own Supreme Court —and the Supreme Court of Missouri—that a guardian ad litem, when appointed by the court for an infant, who appears and answers, although no process has been served on the infant, gives lhe court jurisdiction to decide in his cas and that any omission in lhe Record, showing he is not a defendant to the bill, or not served with process previous to the suggestion of his infancy, and the appointment and answer of his guardian is only error, making the process voidable, but not void. 2d. That in conformity with the authorities above quoted, the defendants having purchased under a decree valid on its lace.and beyond which

it was unnecessary lor them to look, as it imported the absolute verily of the fact, that Frederick Marklc appeared by his guardian, filed hi* answer, and thereby gave the'eourt juusdiction over him, and made him a party to Ihe decree. .Idly. That ihe sale of ihe mortgaged premise# was correctly made, under ihe 18th and 19th See. of chap. 40, R. C. of 1824. That «ll the proceedings were in strict accordance with the law providing for the foreclosure, snd sale of mortgaged premise* at thai lime and this qpiiiion is sanctioned by our Supreme Court, in Markle and others, ri Rapp. 2nd Blsck. 268.

We have not thought it necessary to examine the outstanding title of John Campbell, and

name

23.—Mr. Cummings asked

leave to tiring io a resolution sympathizing with France.

other point* made in the case, but have looked only to lhe main questions presented by the counsel, and being therefore advised as to the law in relation to those points, we shall render a decree for the defendants.

EPTbe Lower Hous* of Congrens wa* Istely abused by a persons! rencontre l»etween Haralson of Tenn-, and Jones of Ga. The parties were political friend#—both lokeyt, who afterwards apologised to the House, and made friends. Friends should never 6ght.

£T Afire at Lawrencebarjh bss destroyed Lou~t*& Eichelbergers Flouring Mill, sad Milton

Gregg's

Highly Important from Europe.

REVOLUTION IIS FRANCE. Abdication or Louis Phillippe. In our last number, w&published a short telegraphic sketch of the lal^revolution in France the following is all ifcie actional particulars of that alarming event which we have. Europe will probably jwon be deluged in human blood!

Intelligence has reached Liverpool from Paris to tlie 27th ult-s? Affairs were then more calm there. The ministers were endeavoring to restore confidence, still fearing harm and apprehending further outbreaks. The locality of Louis Phil,Iippe tfras uncertain. The destination of the Duke nf Nemours is said to be England* The excitement in the provinces is as great as in Paris. The cause of the revolution is said to be M»*Guisot*s prohibition of the great reform banquet.

At L6ndon, consols had fallen from S9 to S3. Piiris, February 24i Louis Phillippe has abdicated the throne in .favor of the Count Je Paris, and proposed the Duke de Nemours as regent until the Count should attain his majority. The Chamber of Deputies rejected the Duke de Nemours. It was then priv"posed bv Mi lleriol, that ihe regency should be conferred on the Duchess d'Orleans until her son should have attained his majority. This proposition was also rejected, and the Chamber of Deputies declared in favor of a Republic and insisted upon it. The Duchess d'Orleans and the Count Paris left the Chamber of Deputies at half p:ist one o'clock, accompanied by tho Duke de Nemours, and the people who had penetrated into the Chamler

The Chamber of Deputies has refused to allow nny m6mln?r of the family of Louis Phiilipe to nssumo the thronei and. in consequence of the aldiention of the King, has declared its sittings permaneni.

There will he, however, a great effort made to support the Duchess. The idea of a republic is not agree ible to the mass of the deputies hut the majority threaten and ihey are overpowered by the populace.

The King left the palace of iheTuilleries atone o'clock, escorted bv 11 body of cavalry of the N*lioual Guards. The carriage of his Majesty went by the quay to the barriers of Pahsay

An attempt was made at noon to-day to nlly the iroops, but it tailed—'not a soldier was to be seen.

The troops of the Siene have fraternized with the National Guards, nrid the National Guards with Ihe people. All intercourse between tho two sides of the river is cut off.

I hear, write* spectator, distant firing every instant. Carries Pages ha* been made mayor of lhe city of Paris, and a strong government will be organized. A republic modelled after that of the United States is proposed

si.ieration,

A proccssion of persons, well armed, has just

passed through lhe streets, carrying the throne of jug, ii jg

the Kintr nn their shoulders in iriumph, and sing iip the Marseilles hymn. During the outbreak there has been a frightful loss of life, and in many instances lhe troops have refused lo net against the people. The number of killed is said lo he upwards of five hundred.—

Count Mole was first proposed as the leader of the revolutionists, but was rejected.

a proclamation issued and posted thronahout the country appointing them to ihe head of affairs, but the proclamations were torn down by the people.

General Lemosierre has been appointed commander of the National Guards. The placard was written by M. Thiers and M. Beriot It is said thai Gen. Lemosierre has been killed at all events, he has been wounded.

The Tuilleries are in (he hands ol the National Guards. The people have got possession of the Palais Royal aficr great and dreadful carnage. They are now engaged in throwing lhe furniture out of tho windows and firing the building. The cellars of Ihe palace have been entered and the wines are distributed among the people.

,, .... ah ho* ku ram/iui ti

Paris had been cut off. I he mail and passengers lo the city are forced to return to Amiens.

FOR THE WABASH EXPRESS. Edgar Academy.

The public examination, and other exercises of this flourishing Institute, took place on yesterday, —JAYNE'S

Iirssed in this country, in an institution or the ||y MVP by keeping It always

kind, KO large nml so respectable a number of emergency. Wi~.nJ«™il«~». •l-h.imll.l-nc,..- fT IK-Hfr titined by Ihe pupils, in the different sciences, and

commend this In«titution 10 the fnvorable con- few times, the

1 6

trv. A Sfbt 1 A1 Ull. Paris, III.. March 18lh, 1848.

Very lute from China, Nsw YOHK,

March 17th.

The ship "Sea Witch" arrived here to-day in soventy-seven days from China. This is the shortest passage on record.

Four of lhe men who were concerned in the !ale murders oflhe six British merchants had been decapitated, and others would share tho same fate.

Things were aeain tranquil. On the 29th of December the British steamer Plalo destroyed the Chinese Pirate vessels, killing large numbers.

PE?T5STLV.»XIA WHIO CO.WEVTJO*.—This body has adjourned, after forming an Electoral ticket and doing much other business. There was no expreasion of a preference for any Presidential candidate.

resolution instructing the delegates

to Ihe National convention lo vote for Gen. Scott wss rejected the nomination of the Hon.

$0.

n. Division

jL Thomas Fcarn, W. A. I W. W. Early, R. S.

New York, March 18.

take 110 offence, we liopei

tod, s. or

Last night.the following gentlemen were elected

officers in this Division for the ensuing quarter, viz: Wells N. Hamilton, W. P..

M. Hickcox, A. R. S.,

p. T. C. Bunlin, F. S.

John Evans, T.

Dr. Long, C. Kneeland, A. C.

Edward C. Younj, I. S. Geo. McCann, O. S. *_

ILr We have news from Mexico, that Father"

Jarauta, lhe fighting Priest, is taken prisoner by our men. He, with his forces, was taken at Zacualtapan, which place was burnt.

Boat Cist.

FVK.VISHKI) BT i. II. JtlHPMT, Ma.,

Arrivals.

March 21—Pnduciih. i» 22—Highlander, 22—Dover, 22—Loyal Hnnnah) 23—Win. IVnn. 23—Cumberland) 23—Cinderella, 21—Umpire, 24 Yankee,

•. v, 24—Ric hiaml, 25—Magnet, 25—Financier, 25—Wave, 25—llnrlein. 25—White'Rose. 25—Western, 25—Swallow, 26—Lady Madison, 2(i F.nvnj 26—Slign.

This boat is discharging her freight hero fo^

points above, being too large lo pass the Draw or visit tho little towns higher Upi Lafayette will

(iommcveiat.

WABASH EXPRESS OFFICE TKimu-H*UTK, March 29, 1848 Tltrt \VABASM.—tVe had a Verf Irtrpennd eoneral

RALRI

on Sabbath night last, which has iimde the WHbash bnonw

\v run nine over the banks 111 man places

ami Is silll risinpslowly (JS1I1 tnsl.J Wn havehnd many steam boil arrivals nnil flat boat departures. Ths weather is mild and spring like—Uotillh of lhe country generally guod.

Distant Markets*

,,,| ti,„ it,« brands Corn, in sacks, 3 -,33, 3o ami SBcnnis. ruling Ihefi.htin., was principally in the vicinity of the f,,r

Palais Royal and the 1 uilleries. Beef, prime Mess, 8ll,5o pence., prime in blIs. ft? to An attempt was made on the residence of the $73?-, Mess Pork sa.iHJ-droopingjfhmfiders .'Ucts ribbed -. r. ul Sides 4J—pries downward: preen Hams and Nionlilers financial minister which failed. In casks 3| u2j cis Laril in kegs 6J Whiskey 19.

I he tocsin has been sounding all day throughout Paris. The city is entirely in the hand* of the National Guards and lhe people.

Now Orleans, Alirclt 16—Flour, 5,H to B.iVt, owlne id

8hipninr

int.*. the l««i quotations Oats

ORITIJARY.

Departed this lifo on Friday, C-lih Inst., of Pulmonary Consumption, in ihe 54th year of her age, Mrs. SARA It

M. Thiers ami M. Bcriot were next named, and green, formerly fnm New York, but a resident of this county since 1819. She has gone from among us and neithortime norcireumstances can bring back, and has le/l two sons and a daughter to mourn for a kind and

affectionate mother.

"In earths proud dreams have no part, No joy in its surrnundine glee— The musing's of my weary heart,

Are in lhe grave with theo."

Dll. JAYSE'S ALTERATIVE.

tVo have been Informed bv Mrs. Rose of a eure pec formed on her by DR. JAYNhV* AI.T-BRATIVK, whir.lt proves Its superiority over every other remedy of the Kind. She has been afflicted f.irthn last sixteen years with NECROSES er WHITE SWKI.LISAS, attended with ulcerations and exfoliation of various bones, during which time many pieces have been discharged from lhe frontal bone of the cranium, from b»th lierarms, wrists and hands, and from both lees, and from thn left femoral bone, and from the rlsht knoe, besides painful ulcers on other parts of her person, which has baffled lhe skill of a number of lh« mosl eminent physicians of our city—during most of tho time her suflerincs have been excruciatine and deplorable. About three months since she was indue ed to try DK.JAYNE'H AI.TEK/TIVK, which has had an astonish ins I happy elf«ct ti pon her, by removing all pain and sweliinqs.and causing the ulcers to heal.'while at the same lime her general health has become completely resiored, so that she now weislts stune 25lbs. more than she did before she commenced the use of this truly valuable preparation.—Aafirs 1Bogle.

The people have possession of all the railroad stations and harriers of the city. The rails of the road have been removed to prevent the arrival of Iroops from the country. The passengers from Boulogne to Paris were obliged to return from NeufChatel to Boulogne, nslhe railway had been stripped. All communication with the city of TIVK, which lias had an astonish ins I happy eiT«ct up-

nil nath Mini aitfttl! inttf nil Cnnalltlf

Fnr further Information fnqalre of MRS. ROSE, No, 128 Filbert-si. Philadelphia.

in the nrcscncc of large audience, ntul so far as mosl valuable pr* :irailon to u«e for the above diseases. |. -ith ..i.i..r«l «. It converts HOOI'INO COlIdII Irtto a mild and tradI have been aide,to ascirtain, with universal np-

HOOPING COI/OII AND CROtrp.-TO PARENT.".

VXPECTOKANT"iswithouiexception,tho

ab(e djw,MPtt|lJ

probation. 1 he order arid decorum of the pupils half, mtfl produces a certain nnd speedy recovery.— throughout the examination, would have satisfied Eromhalfm one leaspoonful will certainly cure tho II... mosl fiivf idintift I know not ihit I ever wit- CROUP in infants children in halfan hours the mo(-l liis-tiuious. I Know 1101. mm ever wit

shortens its duration more than ono-

„fandyoung

JlmB Thp |jyM

htIlldred 0

kM AL

in Literature, nt this Academy, argue well for, March S9, ltJS-l"f-lt. he talents and industry of the Principal and his assistants. The cood order and morality practiced and observed by the pupils throughout the session, which ha just terminated, has been remarked by every one, I am well satisfied that Mr. and Mrs. Vennblc possess rare qualification* for the station* which ihcv occupy. None need fear that the Physical nature, us well as the Iu

children will be annti-

on hand ready for every

„I VV.'KWI and Kinij, alTerre-Haute.

Changes of Weiitlier and t'tttcli-* i«i£ CJold. It should bfc remembrri"! that a coiiitli Is an evldenca that

some

impurity Is lodged in the luiigs.

JVrif hi'* Indian Vegetable Pills are one of the very bAt medicines in lhe world for carrying off a cold: because they purge frvim lhe body those morbid humors which are I cause of eouchs, consumption, difficulty

IIIIMMI

and patronage oflhe surrounding coun- digestion will be Improved. itn.l lhe tMily will be re

Stewart, as the candidate for the Vice Presidency, waa recommended to the National Convention.

0*D. Newell, Esq., has retired from lhe

ATTI

CA Joe a* »t, and is succeeded hy the old editor,

Mr. Enos K'NutU We are glad toaee that the Journal is to be a whig paper hereafter, and hope

it may meet with an excellent paying patronage.

late

Oil Mill. Tbe first was insured for JI0,-

000—the latter for $9,000. There is no lire engisein Lawienceburgh. 0

Legislature chartered a company for tbe con structinn of one at Attica, in Fountain county.— Lafayette ia slso at work at one.

DIATH or Hsuar WHEATOW.—Hon. Henry Wheaton, late Minister of the United Slates to PrtuMa, and author of a very valuable work on International Law, died on tbe I2lh inat., in Koxbury, Massachusetts.

ID* The PerrysviJte Eagle, much enlarged and handsomely improved, baa come to band. It ia now a idkig paper with Jas. 8(wdgra» Us e»iio+ VVe wish it aucccaa.

will be cmnplKely purified, the

BCorud lo even sounder health .hail before,

Remember, Ihe only original and genuine InMan Vegetable Pill* have Hit tignature of WILLIAM WtUUlfT, vrilten villi a pen on the top labelqf each box.

The genuine for sale by E. S. WOLFE, sole agent fc«r Tcrre-Haute James .Morrison, Prsirielon J. II. Armenian, New Market J.Earnest, Middlelown and whoie«. sale ailhe principal depot, 16'J Kacesi., Philadelphia.

March 29, 18W-1.J-11.

SHERIFF'S SAEE. UY virtue of an execution issued from the Vigo Circuit Court, and to fne directed and delivered, in favor of William Piatt,fiimon 8. Iluckiin and

Jes«e Newton, and against Moses Nubbins and John Urigg*, I have levied on the following property, lo-wit: John Hrigits' interest in and lo (ho •outh east quarter of section twenty-nine, in town thirteen north, r.mge ntimher eight west, in Vigo county being the lands and tenements belonging lo the said John liricgs, and I will, on Wednesday the nineteenth day of April, 1848, at the Court-House door in Terre-Haute, within the legal hours of said day, offer tbe rent* and profit* of said premises, with the appurtenances tberemyo behrigmg. for a term of •even years snd if they should fail to sell for a sufficient sum lo satisfy said execution, I will then snd there offer the fee simple, lo the hishest bidder

for cash,

D-Since the building of the bridge, at thi! ,Sair.-t Wi place, we notice a spirit of this sort has risen in several places above us, on tbe Wsbash. The

to satisfv said execution and costs. M." M. HICKCOX, Sheriff.

Msrch 29, 1848-15-3w Prs fee $1 76

gilEHIFF'S SALE.

virtue of an execution issued from the Vigo Circuit Court, and to me dirocted and delivered in favor of the Slate of Indiana, and

den Nancy McFadden, Shepard MoKadden, WiJ. I ism McFadden. Jr., Emma McFadden, Rebecen McFadden. Wallace McFadden. £l za MeFsdden. Kussia McFsdden, heirs at law of Mscorn McFsdden, deeeared, bar® levied on the follow, iog property, tn-wil: inlot in the town of TerreHaute, nunberone hundred and twelve, (5 12,) together, with all the appurtenance thereunto belonging. being the lands and tenements belongmj tothesaiddefendantfcand iwill/m Wednesday the19th day of April ifH8. at the Uourl-Houae door ir» Terre-llsuie, wilbiu tbe legal Imura of said day, offer tbe rents and profits of sard premises, witb the apparteusnces tbereoalo belonging for term of seven yesrs and if they should fail to sell fat sufficient mm loaatisfy ssid executioa, I will Iben sud there offer the fee simple, to the highest bid. Jer, for cash, to satisfv said execution and costs.

M. M. HICKCOX, Sheriff.

March 59, 18iS-!5 3w. l'ra fee •fl,?!)..