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title: 'The Highland weekly news. (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, April 02, 1857, Image 1',
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I v -
J. L. BOARDMAN,)
Editor and Proprietor. )
Jfamiltr lonmal gcbotA io $fctos, $)olitics, ittrniurt, ggricnltorc, glnrhcts, t.
Onc Dollar ti "Tear;
Strictly in Advance
HILLSBOROUGH, HIGHLAND COUNTY, OHIO, THURSDAY, APRIL 2, 18-57.
'il l fix
THE FIRST VIOLETS.
T Kit DDWAItr) HCLWKII LVTTON, BART.
Who lliat hns lovr-d knows not tho tondr-r Into
Which flowers rsvcnl when lips aro coy to
Whoiio youth hntli passed not, dreaming in tho
Whoro tho fresh violets dwell?
Lo, whr they shrink alone the lonely Iraki,
Under the lenlWs, nmlniiulioly tree,
Nor yet the cuckoo slug", nor glides tho make,
Nor wild thyme lures tho boot
Yet at their sight, scent-entranced and thrilled,
All Juno seems golden in the April skies,
How sweot the dnys we jenrn for, till fullilludl
O, distant Farad iso
Dear land, to which desiro ever flees,
Time doth no prenent lo tho grp allow;
Say, in the fixed eternal, shall we soil
At last the dueling liowl
Dream not of days to come, of that unknown
Whlilinr hnnn wanders (maze without a clue.)
Give their true witchery to tho floweis thi ne
Youth In their youtli renew. lown
Avarice, rmneinhcr whon tho Cowslip's gold
Lured, and yet lost its glitter In thy grasp;
Doth thy hoards glad thee more than those of
Those withered in thy clasp. . old?
From these thy clasp falls palsied ! It was then
That thou wert rich thy cotters are a lie:
Alas, poor fool joy is the weullh of men,
And care thoir poverty!
Come, foiled Ambition, what hast thou desired?
Empire and power? 0, wanderer, tempest
tost! These once wero thino when llfo' gay Spring
Thy soul wilh glory, lost
Let the flowers charm thee to Ihe jocund prime.
When o'er the stars rapt l'uncy traced the
Thou had'st an angel's power in that blest time,
Thy realm a human heart:
Hark! hark ! again the tread of bashful feet!
Hark! the boughs rustling round tiio tryst
Let Air again wilh ono dear breath bo iwoot,
Earth fuir wilh ono dear face.
Brief-lived first flowers, first love. The hours
teal on hue;
To prunk tho world iu Summer's pomp of
But what shall flaunt beneath a fiercer suu
Worth what wo loso iu you?
Oft by a flower, a leaf, In some loved book.
We mark' tho lines that charm us most. Re
trace The life recall its loveliest passage: look,
Dead v'.olels keep the. place!
Desire, the condition of mortal blnr, an
nihilates for us the prrseut. Try to think on
the present moment you cannot your thought
gort belli nd or lieyoml. if ilenirn ceases
in the srte.nre possession of Kiernity, In wliinh
nothing is left to wish or to ho" fr, then, in
turn, Past and Fuliiru are annihilated, and
one Present alom exists.
THE FOURTH OF MARCH.
BEFORE AND AFTER.
I saw him ho had come
From his fur distant homo
In tne. West.
A jingling purse hi) showed,
And in the latest mode
lTo was dressed.
His face was al! a smile,
And he talked all the while,
How he took
Such an interest iu the lato
Election In his State
For old Buck.
He'd always felt the ties
Of party let it riso
Let it fall:
'Twas not for the reward
That he had worked so hard,
Not at all !
But office he could bear,
As the bravest soldier'd wear
Which fix his rank, you know
(And to the public show
What he gets.)
I saw him afier that,
Ho had a kinky hut
On his head;
His shoes were worn away,
And his pocket seoined to say,
And loudly he declared,
That for party men he cared
Not a jot.
He scorned their dirty tricks;
And as for politics,
'Twas a plot.
Folks saw the sudden change,
And thought it wondrous strange,
At the best;
Our friend (lid not explain,
But took an early train
For the West.
BEFORE AND AFTER. The Home Circle.
Greeting to Spring.
March is come! It is not much, to
Lo sure. Tho ground is not unlocked.
Frost is within and without. The bky is
cold: tho clouds aro scowling and full of
grey, asif snow was bidden within the
mist. Yet March is come, and wo aro
glad. It is the first month of Spring.
Winter is over. It may como back to
glean. But tho harvest of Winter is
past and ended. The power or warmth
will wax every day, and cold will wane.
Already bluebirds aro singing south of
us. When they come, ba mire that tho
raaple trees aro ready to yield thior liq-
uid treasure, Buds know what birds
juoaa. Siuging in tho branches will soon
draw out leaves. Grass is already alert .
Wistful cattia smell tho new herbage, an 1
hrowso along the warm and sheltered
fonoos for a tdfte of fresh growth.
"In a few weeks tho plow will awake
the fields will bo alive with labor, the
pastures green with herbage, and all na
ture will rejoice again! Will all things
rejoice? Jlow is it, oh! my soul, with
thee? Is it Spring to thee? Aro winter
Itornjs passed; aro coldness and frosts
gone; aro death and hardship all ended?
Are tho roots sprouting; new hope, new
Jabor, now life? Is it ubont to bo i peri
od of reviving Hl'u and joy? Or shall
the heavens cliango, und warm, and dis
till with fruitful influence, but thou re
main joyless and barren?
"Oh! Th ou that dost bring forth the
warm days, au,l -,lUso the earth to spring
up with new fruitfuluoss, filling hor
veins with life, visit also with reviving
Spring thino own pardon, and oauso thy
Church and thy people to burst, forth as
the forest into leaves, and as tho fields
into blossoms! May new joys sing in our
hearts, as birds ere long nhall sing, fly
ing far from the South, and fill tho heav
ens with a joy over thy Chureh revived,
greater than the joy of tho earth, when
tho spring gives back to her all that the
Winter destroyed!" Henry Ward Beech-
For the News.
Ah! you and all thnt read should know,
My paronls both are gone,
Ere you can understand the woe
That I look liaek upon.
Yet not filial ode I eing-.
This dirge is not for them;
'Tis for a flow'r plucked iu the Spring
My Sister's requiem.
For her! Fxemph r to my mind.
Of all that's pr.ro and true,
In all tho realms of womankind
On earth tl.at cur grew.
Oh, she was 1 velv, and as sweot,
As any floral prize!
How rapidly my heart would beat
When looking in her eyes!
Ah! such a gem was all too dear
To frail for earthly storms;
And whispering spirits In her ear
Breathed oft of Glory's charms.
The flower fuded, and I stood
Beside a bed of pain;
She passed below Death's icy flood,
And never rose again.
Oh, I did love and slill I lovs her,
As erst I did before;
With angel-forms that round me hover
I see her fuco once more!
In dreams I look into hor eyes
Twin orlia of pearly blue
And note upon hor pale cheeks ri
Again the vermeil hue!
I said she rose not from the tido
Of Jordan's cold, cold river;
Oh yes! she did! on yonder side,
And faith winged, seareth ever!
Now rests she, high above the clouds,
Hard by Jehovah's throne:
Heaven's ether the bright vision shrouds
Great Go 1! "Thy will be done!"
Siuking Spring, March, 1807. W .
TWO O'CLOCK IN THE MORNING
BY WILLIE E. TABOR.
Miss Kitty on the sofa sat
With Harvey Vane, and close at that;
W hen lo! the clock gave warning!
And Kitty said: "Oh, deary me,
It cannot be. it cannot be
Two o'clock in the morning!''
Without, the white moon watched the tarth;
Within, the red fire danced Willi mirllij
The lovers' cheeks adorning
With glow made crimson by Ihe press
Their lips had mode, in sweet caress,
At two o'clock iu the moruing.
I will not tell what words were said;
How Hurry's heart held Kilty's head,
Parental caution scorning.
I only k now a singular sound
The cosy chamber walls went round,
At two o'ciock i' tho morning.
And as it thus was, so 'I will te;
Such scenes the pensive moon will see,
And mantel clocks give warning
To I'gging youth and loving maid.
Who have the parting hour delayed,
Till two o'clock I' t' e morning.
I'orter't Spirit of the Timei.
Harlem, N. Y. March, 1867.
Marino Soft Soap. To observe tho follow
ing rules, women will not havo many failurek
iu making good soap:
III setting leach, raise a perforated bottom
just above the hole wheie the lye escapes
On that, place straw enough to prevent the
ashes from going through. Then throw in
about one peck of slucked lime, leveling off
over me straw, fat Into the centre
of your heap of ashes about one half bushel
of lime to ten of ashes. Slack tho lime and
mix well with aslies. Fill your leach, pound
ing down tho ashes as hard as your strength
will permit, or at least that the lye will not get
through In less than three days. On the lop
of the ashes put some straw und flat a stone ou
which to pour water. Thus completed, com
mence with water, hut not rapidly, for the
longer it may be soaking through, the better
will be the lye.
Your leach being prepared, turn attention
to your grease, which is most generally a poor
article. Twenty pounds of good tallow is
required fo a barrel of soap, and it is often
the case tliut fifty pounds of common house
grease has not the body of twenty pounds of
tallow. You should, in order to know the
real quantity of good stock you have, always
boll and clean your grease, und throw all the
refuse away, for it is. valueless in making soap,
and is gei orally tho great cause of preventing
tha perfect amalgamation of the grease and
lye, containing, as it always does, more or
less lull, which Is a positive b ir to maki ng t
soap, while an absolutely ueceasary iugredion
iu the manufacture of hird soap.
Iluving then got a clean grease and good
caustic lye, such ns you will have from a
leach tilled as above suggested, you will have,
no dillieulty, over a gentle fire, of having
good soaii in a few houis.
I'ricliiiil soup boilers have no guide for the
qiiantiiy of.lve for a certain quantity of fut,
as Ihe lye clitl' rs much in its strength; they
rely therefore nt rely oil Iht-ir taste, lilinak
It'if seftsoiip, when iti oils up liUek In its col
"i.itlus (nerally ya enough, and should
then lm meieus d by weak lye. Adding water
1.1 wrong. o.t should always be increased
wilh lye, no in nt -r huw wuak the same may
be. a. c. w , in Country f.V;i.
I.ioiit Soda Cakks. Five eggs, one and a
quarter pounds of sugar, thru quarters of a
p ia nd of butter, a tgaspoon nearly full of soda,
In a gill of water; as much flour as will knead
it into blaruits; k u a t it well, roll it out thin,
cut it with a largo round cutler, aud buke
briskly, cf a ialo browu.
HT"Tom." Penn Tp. There Is soms mis
take Iu the answer to your Miscellaneous En
igma. The 1) ii I g ma contains 37 lulturs the
uuswu'r only 27.
For the News.
If a cannon ball, whose spec Ifio gravity is
7 times tl.at of water, were droppsd Into the
at what would it QontT
Marshall, Feb 1837 A HOOSIER
For the News.
I am composed of 11 letters.
My I, 9, 1 1, 7, 13, 19, is a town in Italy.
My 2, M. I n, Is a boy's nick ns-. e.
My :t, 10,7, 18, is a lake In the U. S.
My 4, 7, 12, 4. 7, is a county in Ohio.
M S, 1 1, 7, 9, is a comity in Ohio.
My f, 7, I t, 17, Is a t,itin noun.
My 7, 1.1, is preposition.
My H. l.r. 13, 7, 17, i.i a town iu Fjypt.
My 9, 19, 1, is what nil people do.
My Id, 12, H, Is a small animal.
My 11.12, 13, Ij, Is a Lntin noun.
J. M. ELLIS.
For the News.
To Arithmetical Problem in News of March 12.
Ma. KniToa: I snd you a solution to "J.
P. 'a" Arithmetical Problem, which if worthy
you will publish.
Sim he agrees to deduct 5 per cent, from
his bill, if he call get the look fur 7c a cubic
tool, he deducts
of $10,420 "
Now as the ahatomnnt on a foot of dressed
stone, Is the same as the abatement on a foot
of rough stono; and ns that is 2-li0lhs of a
dollar; therefore the number of fest Is express
: 2G,0.r0, tho number of cubic ft.
Now these at 9c a cubic foot, will cost 2!,
Of.l) y9 $2-M4.."0.
$10,42(1.0:) whole money of contract.
6,3 14. .10 cost of rough stone.
t ,f)75.50 cost of dressing 2fi,nr,0 CHhie. feet.
Hence, one foot will cost 0,'5.50 2G,0.r0
Ans. Number of fcot 2C,(I50, cost of diess
iug 1 foot, 31c. Yours, &c.
II. A. G.
S!aih Dranch, Liberty Tp., M noli 19, lbj7.
XJTAnswor to "lloosier's" Arilhmetical
Question in last week's paper: Son's share
$(i'J.V2; Daughter's share $2102; wife's share
Ingenuity of the Germans.
The following arc some of tho inven
tions ircncnilly credited to natives of
Germany, and also the times when they
wero made known:
"Saw mills in 830; sun dials in 80S
fuiling mills in DOG; windmills aud oil
paintings, in 1100; spectacles in 1270;
paper ot linen racrs in 1J00; organs in
1312; cunpowder and cannons in 1318;
hats in 1330; wire making in 1350; pins
in 13 1 0; crtst nulls in 13b'J; wood engra
vingin 143C; printing in T13G; printing
presses in 1438; copperplate engraving
and printing ink in 1410; cast types in
1442; chiming of bells in 1 1ST; watches,
letter posts or mails, latching and bolt
ing apparatus, in 1500; gun locks in
1527; spinning wheels in 1435; almanacs,
sealing-wax and stoves in 1510; teles
copes in 1590; wooden hollows in 1 G 10;
microscopes in 1C20; thermometers in
1033; mezzotint engraving in 1G13; air
pumps in 1050; electric machines 1:1
16jl; pendulum clocks in 10b;); clarto
nets in 1G00; white china ware in 1707;
stereotypes in 1709; mercurial thermom
eters in 1715; pianofortes in 1717; solar
microscopes in 1730; the gamut in 1i.j3;
lithograph in 1783.
Thcso statistics, which we find floating
in our exchanges, arc probably not very
reliable in regard to dat.'S. In fact we
feel certain that saw mills cannot be trac
ed back bo far, but the fact of nearly or
quite all theso important inventions
originating in that country, is, wo think,
correct. Door locks and latches, the
modern screw auger and gimlet, the era
die for harvesting, ttre also credited to
tho Germans. At first thought, on read
ing tho above, this patient, persevering,
deep-thinking nation would appear to
have introduced almost all the progress
tho world has seen. S'c. lwcr.
Post Office Orders.
It has been recently stated that the
British system of sending money orders
has carried the equivalent of 550,000,000
from place to place by mail, without the
loss of more than 82.00, while our sys
tem of "registering" letters is so notori
ously inefficient that ail well informed
persons now prefer not to register them,
as the act does not make the department
responsible, but only serves to point out
tho money letters to thieves. In Eng
land no sums greater than 10 can be
sent by l'ostOUico orders, but in Cana
da as largo sums us 25 can bo sent, and
under both conditions the plan is believ
ed to have proved itself perfectly success
ful. 1 he charge lnrca"h order is three
pence or sixpeuce, and if larger sums
than tho limit, two or more orders are
only necessary. Itshould bo introduced
hero. Sci. Amrr.
Emigration to Kansas. A colony
is now being organized in this place
to locato in Kansas. Tliey proposo to
secure a half section for a town site, and
pre-empt farms in tho iaimediato vicini
ty. A large number or mechanics are
associated with farmers in the movement.
They send on in advance a committee to
explore, and tho main body aro to start
."larch 17. James llosa, Ksii., is Presi
dent of the CJtnpany; Prof. II. E. Peck
tor the present Corresponding secre
tary. It is expected that the organiza
tion will embrace at least fifty families.
AVo hear of nnuiurous companies pre
paring to emigrate this prin. Mer
lin (6.) EvwigelUt.
A Louis villk Lawtkrin Luck. Th
members of tho Loui.'.ville bar, says the
Democrat, will remember their portly
brother, J. li. Steward, Esq. lie has
just turned up In Washington City hav
ing been engaged in tho celebrated case
of ltechidu va. Cuclo Sam, for mail ser
vice Tho suit was compromised, as be
fore stated, tho government paying thp
complainant lS0,Q00, Mr. Steward re
ceiving 890,000 for ii ia services.
Post Office Orders. Political.
Speech of Hon. R. P. Buckland,
ON THE CANAL CONTRACTS.
ON THE CANAL CONTRACTS. Delivered in the Senate of Ohio, Feb
The law requires that tho Hoard shall
give "due notice of tho time and place
of the letting for said repairs, with the
plans and specifications of said repairs,
and the manner of doing the same." I
contend, sir, that tin's law was not com
plied with in any respect. In tho first
place, tilty days notice of the time and
place of jetting, was entirely too short,
considering the tn.T'nitiul and extent
of tho public works. It did not give
sufficient opportunity for those wishing
to bid to make the nccosarv examina
tions and arrangements for bidding.
"The plans and specifications of s..id
repairs, and the manner of doing the
Fame," required to be published with the
time aud place of letting, were not nuh-
lished at all, if I have a correct idea of
what the law contemplated by this re
quirement. It is true, that on the 30th
day of October, only fifteen days before
tho letting, nhat are called "speciCea
cations ior repairs," were published, but
they arc very indefinite and uncertain.
They give very little idea of the kind
or quantity of the work to bo perform
ed, and I cannot see that any attempt
was made, even at that late day, to give
any "plans of the repairs, or the manner
of doing tiio same." The law conteiu
platod that the notice should indicate,
with some degree of certainty, the na
ture and extent, or amount of tho re
pairs, and tho manner of doing the same;
and that tho notice should be" published
in time to enable bidders to examine the
work before the letting. What oppor
tunity did thisgivo toexaminc abouthUO
miles of canal, and ascertain tho nature
and amount of repairs to bo done? 1
say next to none at all.
Dut, the specifications and notice were
entirely sufficient for the plans concoct
ed by Hamlin, for the benefit of hime!f,
the engineers, and favorites of the Dem
ocratic members of the Board.
Tho law also requires tho contracts to
bo lot "to tho lowest responsible bidder."
This provision of the law was totally
disregarded. It is claimed that the
word 'responsible" means, not only a
pecuniary ability to answer for any
breach of tho contract, but, also, capac
ity and fitness for performing the work,
which, in my opinion, is a far-fetched
and unwarrantable construction. I can
find no instance whore such a meaning
is given to tho word "responsible."
Tho responsibility for tho performance
of an act, and tho capacity of bkill nec
essary to perform tho act, are entirely
different and distinct things. When the
Legislature intends to require skill as
well as responsibility, some other word,
such as competent or skillful, is used
in connexion with the word responsible.
But, did tho Board let tho work to the
lowest responsible bidders, competent to
perform tho work? They did not. No
regard, whatever, was paid, cither to
the responsibility or capacity or the
bidders. On every section, the lowest
bidders wero men experienced in such
work, aud fully competent to its per
formance. They were just as responsi
ble, iu every respect, as those to whom
the contracts were let on higher bids.
Take Cooper, .Shadinger & Co. They
wero old contractors, well known to ev
ery member of the Board. Mr. Bachus,
the engineer, Cooper and Hamlin, all
swear that they and their securities,
were worth, at least, a million of dollars.
Their capability as well as responsibili
ty, were beyond all controversy. Their
bid for section No. 7, was SSI, 000 per
annum. Yet the Board did not give the
contract to them, but let it to Forrer,
Burt & Co. at 8118.0(11), making a dif
ference of :57,000 a year, and of 8185,
000 for the five years. Tho difference
alone makes quite a handsome profit.
Mr. Cooper was appeased by being let
into this contract at the higher bid,
with a one-sixth interest; by which he
not only receives one-sixth of the prof
it he would havo made at tho bid of
SsljOOO, but also of tho advanced price;
his share of tho advanced tricc for
five years, amounting to So0,s;5; Li.'i. It
is easy to be been that Cooper loses noth
ing by the change; but tho IStato is de
f.auded out, of 185,000 by a total dis
regard of tho law, both in the letterand
iu tho spirit. It must bo perfectly ap
parent to every Senator, that the.-.e con
tracts were all obtained by a fraudulent
combination, in which several of the en
gineers in the employ of the ,ytate, par
ticipated, aud at which there is strong
evidence, that somo of tho members
of tho Board connived. Several engin
eers were interested in tho bids, and
sold out their interests, some before,
aud somo after tho contracts were finally
awarded. Tho firm, of which Mr. Bach
us was a member, bid 821,900 per an
num for section G, and wero bought off
by .Samuel M. Young & Co. for 61,000
per annum. By this transaction, the
.State was defrauded out of 8:55,500.
Two Engineers, Foster and Si fiord, wero
interested in tho contract for section 2,
and sold out their interest, ono for
81,000, and the other for 81,500. Ilum
lin, who had been acting as counsel for
tho Board from tho beginning of the
project, or rather for tho Democratic
portion of it, and who, as such counted,
was employed to examine tho law, and
get up tho notice, specifications, af
ter selling out his interest in ono con
tract for 81,00(1, und in another for 81,
000, turn up tho owner of one-half of
tho 8118,000 contract, the lurgest of all.
And on this fact, Jr. President, hi ns
a tab', which would be very interesting,
could it bo fully developed to the public
gaze. Mr. Unnilin, in his first deposi
tion, says that his interest in this con
tract is that of an Attorney for Forrer,
Hurt Co. that lie has been attorney
for that company from iti origin, und
that, besides this, ho never hail any in
terest. That Forrer owns one-sixth,
Burt one-sixth, nud Cooper one-sixth.
But, when asked by the committee who
else were or bad been interested in the
bid orcontract, be refused totnswor, on
the plea that ho knew nothing about
who were interested iu that contract, or
what they had done, or wero to do, only
what he had learned by being attorney
for the company, and, therefore, could
not answer without thoir consent. This
deposition was given on tbcF5tli of Ju
ly, 1?50, and on the 10th of December
following, bo gave his secoi.d deposi
tion, in which he says that hi.s inter
est in the contract is that of an at
torney, and that he receives one half
of the nett proceeds for bis services:
that he acts as secretary and disbursing
agent of the company, and is responsi
ble for the funds, aud is to employ any
legal assistance that may be needed.
ii y coulit lie not have said this in the
first place? I would like to know, sir,
what there is in this statement, of facts.
which required so much shuffling and
lelay on tho part of Hamlin? He ev
idently wanted time to prepare his
answer. At first, he said bis onlv in
terest was that of an attorney; after
wards, that ho only acted as secretary
and disbursing agent, and is responsi
ble for the funds, and is to employ
any legal counsel that may he need
ed! His first statement, therefore, was
not true. His interest was not that
of an attorney merely, according to
his last statement. The original firm
of Forrer, Hurt & Co., consisted of Sam
uel Forrer, J. ,S. j;urt and John
Howard. It is a singular circumstance
that neither Forrer nor Howard ever
knew that Hamlin had any interest, in
that contract, as Attornev, or other
wise, and that Mr. Burt refused to
testily upon that point. Mr. Forrer,
as lato as the first of January last,
says: "I now consider that myself,
Burt, and Cooper, with the securities on
our bond, are alone bound to keep up
tho repairs; and, therefore, that I have
no other partner besides Burt and
Cooper. I am aware that rumor as
signs to several other persons an in
terest in this contract." "To whom,
or in what proportion, the five-sixths
of the contracts is assigned to my
partners, if any besides themselves, I
am unable to state." How does this
correspond with tho sta! mciit of Ham
lin? How happens it that Hamlin has
been the Attorney of tho Company
from its origin, with an agreement to
have one-half the nett proceeds for his
services, amounting to, at least, 81)0,000
for the five years, and yet, up to the 1st
of last January, Mr. Forrer did not
know that Hamlin had any interest at
all? Both statements cannot be true.
It will be very difficult for Mr. Hamlin
to convince the public that ho has given
an honest statement of this transaction.
I have no doubt but, that Mr. Forrer is
an honest man, and speaks tho truth ac
far as he knows; but ho has allowed his
name to be used, unconsciously, to give
character and influence to a nefarious
scheme for plundering tho State Treasu
ry. He knew nothing of the means used
to obtain the contract, or of the agency of
Hamlin in tho matter. He had not
even seen the contract with the State
when ho gave his testimony in January
last. Although the leading name in the
firm, he did not know who his partners
were, or who was their Attorney and
disbursing agent, although that Attor
ney and agent was to have one-half of
the profits for his services. Mr. Presi
dent, the whole truth has not been dis
closed, and probably never will be. It
is entirely incredible, that this Company
estimated Mr. Hamlin's services so high
ly. No, bir, the one-half of this con
tract, which Mr. Hamlin claims to own,
was floating in the air, but designed to
full upon parties who are left in the
back-grouid. Circumstance may point
them out to us, but positive proof nev
er; because those who are capable of
concocting such a scheme of fraud,
are also capablo of swearing it
through. I am, fully convinced, bir,
that all these contracts, no? excepting
section No. 3, let to Cooper, Shadinger
& Co., arc tho result of a fraudulent
combination. Tho project itself, was
conceived in fraud, brought forth in
fraud, aud will be sustained by fraud,
and even by perjury, if necessary. It
is a monster, with corruption oozing
out at every pore. I don't say that
every man conncetod with these con
tracts is dishonest; not by any means,
sir. On the contrary, I have the ut
most confidence in the integrity of
several of them. But they were only
taken in to give character to tho tran
saction, to lull the suspicion of fraud,
and to create an influence against any
attempt to defeat the scheme. They
were kept on tho outside of the ring.
It is evident that this cunningly de
vised plan is succeeding but too well.
We see its workings on all sides. Much
has been said about tho evidence being
cx parte. Is it so? Wha. better evi
dence can you have than tho testimony
of the contractors themselves, and tho
recorded proceedings of tho Board?
No other testimony is relied upon; uo
other is needed. Do the contractors ex
pect to prove that they have, themselves,
It being perfectly apparent to my
mind, that the Hoard did not comply with
the law, and that the contracts were ob
tained by a combination among the con
tractors, and others, to defraud the
Stuto, tho quotation recurs: What is the
duty of tho Lc'ihLturo in tho premi-
pes? If I could have my way, Mr.
1'rcsidont, I would set them all" aside,1
and let tho parties feck such remedy
as their eminent legal counsel, already
employed and in the field, could de
vise. But here wo ore met with tho
horrible cry of Repudiation! The dis
tinguislied Senator from Franklin sounds
the alarm, and proclaims that this course
will disgrace the State and impair its
credit. n this he reminds mo of an
anecdote I have heard related, of a
Dutchman, who had erected, in his
uird.a scarecrow, in the shnpeof a man,
to frighten tho bos at night. One
night the Dutchman came home some
what too full of the "O be joyful," and
staggered up against this man scare
crow; the consequence was, that ho fell
over flat upon his back, and commenced
crying with all his might, "murder!
murder! that man is killing me; O, take
him away quick!" His good woman ran
out in great haste to bis relief, and soou
discovered the cause. "Why," says she,
"Mike, that is nothing but dat man
scarecrow you did makedar yourself to
scare do boys away." Of course the
Dutchman was soon quieted when he
found that the awful man was of his
own creation, aud though horrible in ap
pearance, was quite harmless in fact.
The Senator from Franklin some vears
ago, got up a scarecrow on tho subject
of the inviolability of contracts, for the
purpose of frightening the Loeofocos
from tho Banks, and gave it the horrible
name of Repudiation; and now he is
found butting himself against it in a
case having no parallel to repealing
charters. This cry of Repudiation may
frighten gentlemen who are troubled
with weak backs and trembling knees,
but it has no terrors for me. Under
some circumstances, repudiation is not
only harmless, but quite necessary and
useful. There are many things which
ought to be repudiated, and I think
these contracts are of that class. It is
but doing on behalf of the State, w hat
every individual has a right to do for
himself: that is, refuse to perform a
contract obtained from him by fraud,
or by an agent acting beyond his pow
er cf attorney. There is, howe or, this
difference: The State is not so much
like a man capable ot contracting ior
himself, but more like a minor, who
can only contract through a guardian.
It is a well-established rule, that the
contiacts made by guardians, in be
half of their wards, aro void, unless iu
strict conformi.y to tho law; and that
all persons, contracting with guardians,
aro bound to sco that the law has
been strictly conformed with. This
rule applies, with equal strictness, to
public agents. Judge Story, whose au
thority no one will call in question, in
his work on Agency, after discussing
the liability of individuals for the acts
of their agents, wherein he lays down
the rule which Senators on the other
side of the question have cited as ap
plicable to this case, s.ivs: "Bat in
cases of public ageuts, the govern
ment or other public authority, i3 not
bound, unless it manifestly appears
that the agent is acting within the
scope of his authority." "Indeed,"
says Judge Story, "this rule seems in
dispensable, in order to guard tho pub
lie against losses and injuries arising
from the fraud or mistake, or rash
ness and indiscretion of i lie i r agents.
Tho same doctrine was held by the Uni
ted Stales Court in the case of Leo
vs. Monroe & Thornton, 7 Cranth's Re
ports. Tho Judge who delivered the
opinion says: "It is better that an in
dividual should now and then suller
by such mistakes, than to introduce a
rule, against the abuse of which, by
improper colluswn, it w ould be very dif
ficult for the public to protect itself."
These authorities aro directly to the
point. These contracts were let with
out the notice required by law. They
w ere not let to the lowest bidders. Two
of them were not let on bids put in ac
cording to law, but by a private ar
rangement between the contractors and
the Board. All of them are fraudulent.
Therefore, tho State is not bound by
thcso contracts. The Legislature, as the
representative of the State,throigh which
alone the State can act upon these con
tracts, is not bound by them. There
can be no obligation upon the Legisla
ture to appropriate money upon con
tracts which they believe to bo illegal,
fraudulent and void; and for one, I nev
er will vote a dollar of money on such
contracts. It is, to my mind, worse
than idle to talk about assuming judi
cial pow ers in such cases as this. If you
call refusing to appropriate money to
carry out fraud and peculation, because
the agents of tho Stale have made such
illegal and fraudulent contracts, assum
ing judicial powers, then I am prepared
to assume such powers, or any other
power you may choose to call it. The
Constitution vests in the (ieneral As
sembly tho control of the people'n treas
ury. No money can be lawfully paid
out without its assent. No citizen can
sue the State without a special act for
that purpose. Why all theso guards
throw n around the public treasury?
Why not let every citizen who thinks
himself aggrieved by tho Mate, or has a
claim against it, sue the State without
the aeseut of the (ieneral Assembly?
This power was reserved to the (ieneral
Assemblyforthoverypurpo.se of pro
tecting tiio Treasury from being plun
dered by just such fraudulent designs
upon it as tho ono here revealed to us
Can wo exercise no judgment, no dis
cretion in making appropriations in
such cases? Aro we, indeed, bound
hand and foot, to the cur of the Board
of Public Works, and bound to comply
with all their demands upon tho lrcas
ury, however fraudulent or illegal? I
say no; and tho people, when they come
to un derstand the buiject, w ill sny no.
Tho Constitution rests tho erpotisibili-
ty on ns, and it is our duty to meet it. .
It will not do for us to cvado that res
ponsibility, by turning that matter over
to the Courts, thereby giving this preot
combinal ion an opportunity to wanng,o
and pettifog their cases through by
means of eminent legal aid. and a cor
ruption fund of ?"2Ulli(), obtained from
the State by fraud and disregard of law.
What chance, Mr. President, do you
suppose the State will stand in n contest
with such a combination? None at nil,
sir. Could I have my way, I would fol
low -tho example of New Ymk under'
very similar circumstances. Tho Le"
i.slature of that State, being convinced
iiiat the contracts for enlarging her ca
nals to tho amount of some 8,000,000
had been let under a combination liko
the one hero developed, set them all
aside and re-let tho works. Tho pro
plo ajq. roved the act. It was just, and
the only adequate remedy. I am not
aware, sir, that the great State of New
York lost any credit by it, or that eLi
was, in consequence of t lie act, dis
graced in the eyes of the worlJ. I.
think her bonds will yet bell for as
much iu market as those of Ohio havo
been sold for, notwithstanding this
horrible act of repudiation. The same
arguments were used there, in onncxJ.
tion to the measure, that are now uc,.,1
here. Gentlemen abhorred the idea of
the legislature assuming judicial now-
ers. Tho ghost of repudiation was con
jured up, ana exhibited with all its
horrors and deformity. Some trem
bled and others fainted, but the major
ity pursued the even tenor of its way,
and repudiated the whole "batch" of
fraudulent contracts; and, strange to
say, the State of New York btill sur
is ono feature in the New York
case, which it may bo well tnouth to
notice. The law under which their Ca
nal Commissioners acted, did not require
the contracts to be let to the lowest res
ponsible bidders, but "tosuth parties as
should propose to pcifonu the work on
terms the most halo and advantageous
to the State, having due regard to price,
the abilities of the - part ii s, s,i:d sc(u
rities offered in the performance there
of." ct the contrails were not ou!v
set aside, but one of the ('. iinuisbion
ers impeached, for abu.-ing this wide
discretion, in not letting tho contracts
to tho lowest responsible bidders, hav
ing the ability to perforin the work; and
this abuse of discretion was not any
more glaring than in the case which,
is now before us for our action.
But the most curious phenomenon
brought to view in this discussion, is
the position occupied bv our friends.
the Democratic Senators. They eclipse
even the Senator from Franklin, in their
opposition to what is called Repudiation,
and in their devotion to the sanctity of
contracts. It is queer to find theso
I 'ciiioerats, on these questions, batlliti"
side by side with the Ajax of the old
lug party. 1 o. their benefit, I will
refer to a few precedents, set by the
I'ciuocra'ic party in uie (lays oi its gic-
rv. A 1'cmocratic J. cgi-' attire, in
IS 13, upon the petition of the inhabi
tants along the road, r pealed the char
ter of the Columbus & Sandusky Turn
pike Company, and appropriated their
road to the public, on the ground that
tho Company had forfeited their char
ter. No testimony was taken, and tho
Company was refused the privilege of
going into Court to test the question.
The Company bad built a road through
a new country, expended a considerable
sum more than they had r ccivi din toll o.
otherwise. All the stockholders ask, is
to bo allowed to test the question of
forfeiture, and if the Court decides that
the charter was not forfeited, then that
the State make the stockholders wholo
for the money expended in the con
struction of tho road. Dcmocrstio
Senators will not grant the fctockhold
ers of ibis Company the right to go in
to Court at all, but they aro struck with
horror at the idea of refusing to ap
propriate money on fraudulent con
tracts, before they have been titled by
a J udieial trial.
The p-oper officers of State, in pursu
ance of law, let out, by contract, the leg
islative printiug. A Democratic House
of Representatives, in the nest Legis
lature thereafter, in violation of tho
contract and of the law, directed their
clerk to give tho printing to Medary,
for no oilier reason than because tho
contractor was a Whig, and Medary u
In 1850, the Legislature authorized
the Governor to use such means ns ho
illicit think best, to obtain certain lands
from the United States: provided, that
the expense should not be charged to
the Treasury. The resolution evident
ly intended to give tho Governor author
ity to make a contract, with somebody,
to give a share of tho lauds as a com
pensation. The Governor made such a
contract with John W. Allen, und a
largo amount of lands were acquired,
which never would have been acquired
iu any other way. Gov. Wood, in his
message of 1S52, says: "He (Allen)
has performed important MTvicis, had
it not been for which, the State would
havo been without all tho has gained
by them, perhaps forever." Yet, tha
Democratic Legh-lat ure of 1852, passed
a resolution repudiating tho contract,
without providing for a judicial decis.
ion upon it. They not oiily repudia
ted tho contract, but took the Lone fit
of Mr. Allen's important services, with
out offering to pay hint, or compensjitj
him in any way.
But, notwithstanding these Demo
cratic precedents, we shall see our V in
ocratiu Senator voting, in tolid phal
am, against declaring these ille -nl hi, J
fraudulcr.t canal contracts void. 'I Icy.
are now jrcat advocates for the -soct.ty