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3tiöiaua State Sentinel. Tltl-WUUKLT. r.rmM. vigii. ce i Tiir rmcr or LirrnTY. IXDI A 4 A Vi) LIS UIX OinLK 13. 5. Keen!! or l lie IJiitis!i flt-'iiipolei-.tiarj . We find the following important anrnunc -incut in the New York Journal of Commerce of Dec. 4. Tue intelligence, t!ie correctness of which we see no ron ton tu question, will be as nt living Vt our readers 63 it is important : Recall of Mr. Pakenham. Tho statement copied D in a few day in a lew Uivs s ine. Ironi the boston li-st. that Mr. Pakenharn had been recalled bv the liritirh go-jas vernment, is confirmed by facs recently transpired, j v e lern irom various source. t.'ai ine rejection hy the British Plenipotentiary, rf .Mr. Folk's proposition to e stahlt di the FJlh parallel ot North latitude as the boundary between the terr.tor.isof the two count rhj. so far from being in conformity with j Mith e initruc tiOns from home, is considered by the Friiisli govern ment a filse step in diplomacy, and that Mr. Pukcii ham has been recalled therefor, and 13 now expecting the arrival of hit successor. Our Washington correspondent writes as follows: Waskimgton, December 3. Ammj the various conjectures as to the result of the Oregon ditUcmty, there is one that appears to be plausible, ts well as desirable, viz. that 3Ir. Fakcn Lam may leave, and a ne-v minister be sent, witii in structions to oJer to us tiie proposition which ilr. Polk mads to Mr. Pakenharn, and which was si ab ruptly rejected. Tiiis conjecture i based non the supposition that Mr. Pakenharn went beyond the line cf his instructions in rejecting that propos.tion. He certainly has no ppv-ifc instructions, it is said, upon that particular o!lVr. Should thi3 b? the eis-, the question will be whether the present administration will entertain another proposition for a compromise. That will depend much upon the indicators of public opinion, and on the opinion f the Senate in the mat ter. It is very certain that Mr. Polk will, hereafter, take no step in which he will not be sustained by the ascertained sense of the Senate. 31 r. Adams, it i said, as well as other Wi.is in Congress, are now prompt and decided in their de clarations that they uiil not concede an inch (as Mr. .. says, not a minute. of .he territorv. miles Great Britain should concede the right to us to acquire l a.nA tmssps tl:- r;-.lif.rn;r.5. ! There is scarcely a doubt that Grctt Critiia desis ! to pjRsess and colonize t!iC Californias, and there is not much reason to suppose that she will relinquish th?.t design, even for the sike of peace. It is still possible, and barely pos.ble, that the pro position to give Greit Britain the year's notice will fail in the Senate. If it pass and ten chances to one it wi'.l then we must abandon our claim, or prepare to maintain it. Still, it seems impossible that either party to this controversy can contemrdj'.e the savage and brutal appeal to arms. The conservative principle, strong as it is, though latent in loth nations, must he brought out for the defeat of this barbarours and wan ton alternative. Foreign Ilomllioltlci s. On Thursday a communication fiom 3Ir. Charles Butler, in behalf of the Foreign Bondholders of this State, wa presented to the House of Representatives, und?r on envelope from the Governor, recommending the same to the consideration of the House. The Speaker suggested that Mr. Putler should be permit ted ta read his communication, and the Hoiie readily assented to the proposition. It went into an alle analysis oi the nnin?ial condition of the S;ate, and itsm-ms and abilities past and prospective; and nresPVedhccHirof n,r,,.! tnr n preed .nc c ai .h of our creditor, i.i a very strong : Jig;it. It was UiteneJ to with great attention by the . . .. ... I House, and members generally sscmed to acquiesce i in the instiea and soundness of its nn.'Inr.o 1 Our copies were ortercd of the State Printer. We shall lay the communication before the public in the col umns of the Stitc Sentinel. r Morrison 'wondtTs h .vCInp:nan likes the election of Mr. Bright to th? Senate," and intimates that we are di-appj;iitod by asertin that though we may spCak Juud on paper, we are sick at heart." We can assure Morrison tint we like the election 1 T.f Mr PrhrJ.t 1 (fron r rt I t...n t. T t 1 " . ..e.. u iv-ai UI.JI U'.l.ui kliail HC .IUI 1 isDil ; lilfs the principle established by Mr. Bright's nomi- j m.'ioi and cltclion. Wo n:ca:i the i.xcasurc of the cjucus, and tiie majority rule involved in it. It is an example that we like ; and it is ono as much di- Iikeu by Iirrisuii ; for it w.ll have a tend 'ncv to , . j u' 1 i break up that corrupt system of bargaining and in- tngue, by which alone a few mousing politicians 1 here, hue alwavs worked themselves into cirn-r I guard. i ; ,;,',, trt - .1 . ! Sy S to wi.ness the manner in wmcu ias thus far pro-rcscd m the House of Hep- j business has rppntntivr On vn.tnuli n r-.... .1 t l. ' .. . . . vu jvjiwua uini ii jou, m uirro u ciocu, i the files of the Houe were completely chared. "Or- j der," it i said by the poet, is Heaven's firt law " and should business progress in the Houc of Ilore-1 eentatives for t.ie balance of the ses-?:on in tJ-o nnW i.ac ui i.it M..?,on, m i,.e omer ly manner m which it has been transacted for the past two w?cks, Mr. Sim ins m will reap golden opin- ions in peiformirg the duties cf the chair le-i-b-' tion so far as the House is concerned, wiil nrn" reis .t.k M. 1 1 i ! ,,. . . 1 With great rapidity, and the public interest beyrcatly promoted. It ii to be hoped that tho files of the ; Hoose will not bo suiTered to bo crowded as they were at the last scsion, and the scenes which were wir-' ncssed at the close of the soss;on last winter nain be transacted. Oos huudrcd and fourti. fl,i .. " ' . -J uiiu joint resolutions have already been presented and; ivni; ji a i r e scu ca 1 1 , es. . . : i CCT17 some sort of arranjemcnt, the precise par- j ticulars of which we are not able to state. Mr God- love S. Orth, was on Fjidiv morning rWtnl Pr;. : "n. "e,i-ru ampere, on me win baKoting. ; i ne senate men proceeded to the transaction of busi- ! neis, and cleared the files cf every thing at an early hour of the afternoon. rUitsic. We vvor.hl rn!l Inn fitfr.;,-. r,rtt.ÄT.. e This, to U3, i far more gratify in" than the tlecti.t'i ! i' '"-"o o.ciiii-u ,.w pit rem; in jOM, ? u.u risuiniioii, in- pi.uueii i:imeu in ni cnair, an- ( of our bc,t personal friend couldle. It will lix the ! virr111 'V !!' h ' ilia Tncnrtip.-llr. Harget, Porsey Chancy, "ft,",pinf to adhere to it at 11 hazard,, future noiicv of the oartv. and w.Il ,.,.,1. 1 I f X tr.I:s the consumption ; &imu,, Ghi W,n. V. Shield Seth S.ritton. i 1 h hl WaV ,C, first ?mC TV 4 : "j i iiv.au ich cAciuv per rrr.r., tt:e itgurrs temg ('.n:.!ll ':,rhir, iw,.n r ir,ti. t.. tt nnu consequently, no was cnaoicu to make good I. is up men ci the -Morrison stripe the m-rc traders lr nine months only. The consumption per h ad is nrintAd Mirtin s'TVnrTfTorn, iX t , i!n'nr,!s without interfering with the destinies . i . . i !, ...... . - ! i .1 .... l i e' i ' . I ' niiM'.iiu, .unru.i owaggercu, Jo.in 1. Li rillstfuU. t . i W J I -, - - ""v-uiiuu vji i luviJis ui limbic, i.i . .i r-.t-- . . tn o rt rC 4. . "sic,iths'i two years the Lnitrd Mates Funis and the New to the no.icc of the Quartette Land. Tney perform j York banks increased their Imns S'.W.WMl.MJO. The on two different scls of instruments brass and or-; former has now ceased to exist, and the hanks of New chc3tra. They are under the lead of Frofessor Gur- ' Vork, from ISIU to August, l-M,nddod but !slö,,i:j.. LZ7, on- of the mot cceomnlished musicians r.f thni :s,i K.. "r., r i i r j l.mf n 1 a u... i.. i buu -KU, imia,i ueuo.ie m "oiscours.ng WLCfc souses. i CO To-night Frofessor Smith proposes to test the truth of Human .Magnetism, beyond the possibility of doubt. A large firm torUh will be extracted from a person in the magnetic sleep, without pain. All who Wish to be convinced will attend (at the Court House) I nd witness the esperiiu.-iit, as well as others equally wondcrtul. Ihe Frofessor wdl perform on several of i our own Citizens. Ciicap Fosr.voc A Wisliingto.i correspondent of the Journal of Commerce says: 4 We s-iall find that the cheap postage law has undo our republic in "o crnment more economical, and less able to satisfy the inordinate demands of jtoliiicil favorites: therefore It?is expensive to the people: their public odicers les-'sj Lable t'j thcch irge of collusion and corruption. Tiiv.se ron?cqnenceti are the Igitim.ite fruits of the reform: aid I feci very co.ifident tliat no mm is better fitted to carry out the work, than it p-es?nt faithful, able ana laborious head." Col, A. C. Pepper. We find the following in the lioshen Dcmo-rat of December -1. We haJ not in. ud.-d to eay uny thing more at pri-oiit in rtl.itiuii to the peron alluded to, but the remars of the IK-m'tcrat re so pithy and ap propriate, tint wee mm t deny oar retid.Ti tho lene tit of them. We haw no more diisit.on, by the way. to !Uparag tie 1- m -n't. s' military er ice of Col. P., than the editor of t: Deinu-mt hr. ; bu. if such services while yet a bey, cutillu him to be hent in the fittest civil oVke f r the reuiaindfr of hi- life, we should l.ke t come under the same rule; f r it is a fact, that thrc nam- of o;n of th-; editors of this paper will be found oo the Army rdls of läl2, well as that of Od. IVi p-r ; and it i- aiso true, that if he is not now a (Wi ;, he is a Captain vi' Uijith. which, by some, sine the era of Captain Tyler, is supposed to bo one of t!ie m-?st 'npuir of military grades! We d n't know but Dr. Ellis him self might pirticipite in the benefit of the same rule; for though his name miy not be upon the Army list, and though he may ntver have killed an iujun ; " he no doubt, like another Doctor we wot of, has bkd for his county, and not only hxd but Uhler id too! But hear the Doctor : The Madison Courier of the 15th ult., his a hbort d article in dt fence of this gentleman, in reply to a few paragraphs published by us -ometime list August, As we have not room for so lengthy a production, we can only give its substance, which is, that he sened months during the h.st war, and was honorably dnchargrd thnt he held the odice of Commissioner was member of the Lrgisl.iture fcvcrnl times came within od) votes of bti'ng elected Lieut. Gi-vtrr.or held the olHce of Indian Agent for 1'2 years, and has been Commissioner of the S.nkiniT 1 imd ; and is a man liked by his neighbors, r.i.d of grod moral char acter ; supported the n tuination of Col. Polk, and is moreover so straight a politic, an. li nt the Courier says: Had Dr. Ell.s him-elf lern appunted, (and he was not an applicant.) Col. PepptT never would have said au-riit against it." All this may be true rn.:i?h, t ut does not contro vert a word v.c have sid. We asserted tint he had been constantly an oti'.ce-scrker and a 5 constantly in oif.ce that he had jirown i ich and At at the public crib that in-stcad of healing t'.e d 3--enions in h:s Pirt.v ia "'s 0;vn county, 1 c s nal emolument, and that th 1 c was in pursuit of irr ere were oti.er men and P0!)r who had p-.TorructUs importnnt services fbr their country and their pariy, r.s Col. Pepper ; and who would make as good and e;;;cicn? ofr.cers rs he. No man questions the CV.V. tiht to he an applicant j for ali the offices in the N.ito ; hut whether he js cn- titlcd to them all is another qursron. Xc lt bear j up with christian fortitude under the infliction for the next four ears, full in th? IVith that as every thing ! earthly has a twainus, so will these yepjerin also j come to an end. If it require forty years of the het i olTircs in the State, to compensate him tor his twelve months' service durin irin tho l ist war, (and for what other means is tins pompous parade ot his honorable 1 joy and gladncs?, as asserting 'a right clear and un dis:hargc ?) let him have them, nud thn let him re- ; questionable," and one which, if necessary, must be tire contented and happy, as we ho;.e he will be. 1 maintained at all hazards. With him we have no quarrol, but to those who looked j R:so!ted, That the title of the United States to the one way and rowed another, at the proper time, we j Territory of Oregon, above the forty-ninth parallel of have something to say. htitude to fifty-four degrees forty minules, is as clear . . land unquestionable as that to the territory between The TarilT lit? Currency. We find the following valuable statistics in the N V. Morninir News : i lie state ot tho foreign tnd continues very havy undjr the weight of the T.iriT, no: countencted by any material expansion of paper cn di. The ii.Üu - ence of the duties is to raise the price f certain ? .. 1.1. . I . . . : 1 . . C arucic' amj w"-n uai l cac ri"Z a season ei ?'"er''-1lM c prices cf which are so enhanced is reatly t heck- od . whenf howcvcrf throu,h im;l(.nro of pnpor money, prices generally are raised, that etiect of the tariH is counterbalanced, an J the ustr;l consumption j rcsirr.ed. In illustration, we take from orhcial j sources the following tabh of the q-iantitv if foreign ! irood-s. les i sneeie. ronumed in i 1- j under the tariff of lStW-W, and under those of IS U - 1.1: t!:e l.niteu flutes consciptiox or rontict c.ouro An niTF. of dc tt rrETi Titr. om in rw TAiurrs. Foreign goods Consumttl Dutiable consumed. pv Itfud tmiiorl. (iros$ Duties diitie.i. pr cf. 182 ISQ'J IS30 I S3 1 Cß.9l-I.H07 foQ) 76.ianf.IS 29.9.)1.2ol 39 55 35 t. 107 4 75 C2 0S7 02G 5.130 075 S9. 734 499 6i 920. nr. 09 53 i 001 29.179 SIR 83.CCS.I51 93.043 CGI 27 0HS701 45 283S9.505 4S 3o 590.1 IS 39 19 919.492 32 10 022 740 23 10.31 1.517 30 0 29.137.000 31 9 27.127,325 29 4 49 575.099 83.157.593 112.477. 9f 68.1)07.07 2 37.S9t.C9G 90.:; 9 1.551 4 20 f. no c to 4. CO 2 00 5.05 5.20 1812 181:1 I s 1 1 1845 101,173,212 t:. i..:ir..r ion : .:., . . , . . i i r i i i i most articles 1 etore frei, nrd pn dii' fd a tnabnal effvt upon the consumpti .-nofoi ds. 1 1:5 was the fust year of the operation tf ti e tariff of l- l"d. as was 1?- tlio tirst of that c-f l?. In rnch vcar the ron- iog to tii" ratio of increase from crnsu.s to ci;su fir in-taire, the increase of poptil-ition fromlÜMo v'as H'T ,'f l'-. ai;d' from 1S?0 to IS 10, :j.J f)7 cpnt; n lhU tcrTV!is: ral:0f t,l0rt fur,f population of lSlf, was 10 per cent, more than that of Ulli ...!'.' fii- -..i . .i .. uio, which was uim.m; me increase was tbere- fore 4J,7;) 1,1 12, and the population HVMV. On this I,r'nc'i,lt' consumption I.r.s been ealmlattd in cat h vC Tl' r!!',-Vt "f l!'? ItV,,-;'1 con.,mpfion in r .i r u 1 i ",,' , t nn of the following ear. and tho result was pre- c.sely the same in 1 11," with the excepth n that the cm. sumption per head w;s vri r b-fore .o small as in ,he rrnrll')M i hon!,! tl.errfrc have been R,Url1 lY"r'' Th' ""t'1 h' W( vcr' ,!iC ra l,f" cause there was no nrlifn-ial mrans of tMiiciifiin t;irnM:?Il lfclIlk influcnPP t.n:u.nTcA .Ai:U wlnt rxjs!cil JfeMrmer period. Inordertoilhistratethis.wew.il t' he? a tab!" of the loans nn 1 cirr il ition of tlo lato "ati n i1 I3ai,''i an 1 thoo ofXc.v Vork, IVnnvlvaiaa ianJ Ml5SJCI,u"cl,s in a,i(i ncarot to 12: cibcciatio.v r rr.nTAi mm m 1839 1830 igos. Loans. Circnl n. Irans. Circul'n F.S.Q'k 40.tG3.S05 IS.10t.14r Cr..23:i.7fi7 21.335,724 Ma. 27.9S7.234 5.ISH 90 Ss ,SS9 727 7,122. 8.10 - 20.370.693 7.uru.2eti) 57 CS9.704 17 .82u42 Pe,in- 2I-474'173 7.3üi.363 31 i87,030 !0,3CC,232 Trt 110,495,905 32,5S3,887 I91.4Co.168 56.CC5.2U8 Increase e3,9i4.S63 34,079 325 Here was an encrmou? expansion at the great com mercial centres, wiun, extending into tie remote interior, gave vitality tu t!u-sc long dated lilh?, which enabled dealers of all rl imscs t 5cll tlieir trends ft ic,(,n extended credits, and thus swell the imports. In J,jG tJ thplr It)ans- 1,1 t!l(,s', flcts we !;ave sniliciciit cau-e for th moderate reaction i-f IS 14, as compared !w,n thatori-JI. The ;mpor.s into the Lnited btates 0r the first quarter, ending September 30, 1640, mots a rieconorf II narp.vit frnm ihn i-Afrncnn,l,n.. quarter of 1343. - - -v..., ...y... 1, ,U1 IJJUJ J JJi- f , . c Florida. The St. Augustine Herald, of the 15th, has the following : " Wc understand tint Hanta in Siramtf mc thn chiefs Billy Bowlegs and Sam Jones at Charlotte's Harbor, on the 'Jöth proximo, by appointment, in ll u u l"Kir rcni ".""ui.-.i uou e:m2 auon 14 Every Floridian will rejoice with us, that there is a prospect that all cans? of disquietude w ill bo re moved speedily. We l ave every confidence in the prudence, patriotism and energy of Captain Sprague, and believe that he will bo able to effect what vears of offensive war could n t aecomdish. This is the first titn3 that Sam has consented to mret us on the basis of removal ; and we atdeiith wish that he may yield to peaceable iiiliuci.ee." Fiiettt IIeavv ÜAiiAiifx At Siauufon, Va., a few da; a since, Jacob CMKMihaver recovered ,tHJl) damnir'" of Snmpon Palter, fir dii'Mng the dauh ter of the former, a :irl 17 year old. "Served Lini right." DEMOCRATIC B1CGTIXGS. Itnox Co uiiSj'. A meeting of the Democrats of Vinecnncs town ship, Knox comity, was held at the Town Hall, in Vincennca, on the 20th tilt., ar.d Wm. Furtcii, Esq., was appointtd chairman, and S. H. Elliott, Secrc ta ry. The following gentlemen were appointed delegates to the Democratic State Convention, to be laid in this city on the fcth f January, viz: John Caldwell, P. M. Thomas, Robert Hodgcr.s, Jas P. Padollet, at;d M. L. Ed-ou. Af;er the trnr.saction of some local business, the following res .lotion was adopted, on motion of J. JJ. I Myers, E .vj. : Jifsu!ic.i, i int ue will most coruiany pive our sup port to the JJtmocraiic nomiuces for Governor and Lieutenant (lovcrnor, when nominated by the Demo cratic Convention which meets at Indianapolis cn the 9;h of January next, and UiC all honorable means for their election. The following resolutions were then introduced by the Hon. John Law, and unanimously adopted: Resolved, That the principles and policy of the Democratic party as manifested in thetr resolutions adopted at the convention, at Baltimore, in November last, are the true principles and policy of tho party noic. That with those principles borne aloft, we en tered into the c ntest which resulted in the election of James K. Polk and Geo. M. Dillas. That the elec tion thus terminating in behalf of the Democratic party, by a large and decided majority, is a clear in dication of the popular sentiment in favor of those resolutions, and of the earnest desire and wish of the Democratic party to see them carried out iu all their bearings by the present administration. Rtsohcd, That among the resolutions there adopt ed, none were more cordially responded to by the democracy ot the west than that title to the uhok of the territorv indisputable; that no portion of to England or anv other power tion of Oregon, at the earliest practicable period, was a great American vicasure. recommendirg itself to the cordial support of the Democracy of the L'nion." Kesniud, That, as a portion of that democracy, we so view the question as 41 a great American mea sure" and that wo hail with pleasure the prompt, manly, patriotic and American response cf tho Presi dent to that resolution, in his inaugural speech, in which he repents "that our right is clear and unques tionalle;' and that we trust, hope and believe, that, m his forthcoming message, he will reneat the scnti- men!, ar.d advise such measures as may Le deemed rwessary to more fully assert our right, and terminate the joint occupancy of the territory? Resolved, That "the reaescrtion "bv the President of our riht and title to the uhnle of Oregon, will bo : hailed bv the Democratic part v. and bv all true patriots ! throughout the length and breadth of the land, with I u.e lony-scconu ana lorty-nintn parallels mat 11 we arc not entitled to the one by discovery, occupation, : k.. 11 .1 :.t ..--'Ii, 111 iiiirj u .111 in ma tt 1111.11 iiuv; to a nation, we are not to the other. j RrsUt d. That looking to the inordinate thirst of , territory, the spirit ( f aggrandizement, and to the ! tortuous course 'of English "policv, whenever her own ! selfish views nro to l,o rnrrinl nnt. wo rnnr.ot ton ni'lm . - , reiterate the sentiment of Mr. Monroe, a sentiment . tiat no foreign power must in any event be per- f Amcrican ' nCnt." Jr il nitres Count)'. At a meetinir of Democrats of Jennincrs county. ' n,f1'1 nt ll'e Co,irt House in Vernon, on Saturday the i(l day of December, IS 1", for the purpose of ap- 'r"';'" u 's11 l" 'ser.i i win uiuic.naipi n.i- I vention to he held at Indianapolis on the Sth of Jan- uary ne.xt, to select candidates t be run on the Pfmi ' ocratic ticket fr (lovcrnor and Lt. Governor at the enduing .ugut election. Jihn Law, m. . Carr, Joiin 1. Jones, Jerome1 1, election of B. K- 1 rench i f ls,ew Hampshire. a "-"."' r V ,r .';Clerh, Ritchie &. Hew, publishers of the 'Union," Joiin jj. Hannah. John Marnev, m. Hayes I'avis I . - . t . Kvan, S. H. Ellbtt, Jan.,, S.)ln, Wuf. C. Scott. i prmtcw. J-ton U.,o s hurant-at-Arms; Cor- n T t .... Tr... T r;. T.J... TT,v,. ! ..... .... . . Onmutiun of Achilla Vawtcr, John McGannon, I :C"IU1,;!. "'f' t or mem - I.varaM to the chair, and W.Jennings Yaw.s IT ter app,intedS,cntary. 1.!. :i m-ulon. it was votfil tint tif rlmr n-nnmt n comuiiuee oi uirec to select irorn each township in said county, live delegates. Whereupon tho chair' announced tlie followin-' as said eummiiteo ; Achilles i Vawter, Dr. V. A ill and Morris Wihlev, Ksi. i . . ... .. The committee having retired, iu a short time re ported to the meeting tho names of the following del- r gat es, to-wit Hand Crcrk Toicnship. .Morris Wihlev. John Kel- i.-.y, i). e.. Jones, James IcCammon, William A. mm-r munsnip. i nomas iianu, lzanali xvler 17... ' T" Tl T- , . . rill, Wm. Wagner, John Merrill. Montgomery 'Fnmship. I). M. Hill, John Cobb, Foyd W. Hudson, Wm. Hodman, Isaac Coryell. Mitt ion Township. Andrew Wilson, d'eo. Fridges, ....... . , un ii.wii, uiiiiii y JillllVi. Pnccr Tau-nshir.-hs Whitcomb. C. S. Mav - jnard, H. C. Haws, Monroe Swarthout, Henry b'ulli van. Genna Tcnsuh A Hh rt Andrews, Dr. McClurc, Benjamin Mipes. James Clark, Br. Andrews. V't-pon TmcnsMp. Achilles Vawtcr, F. Hill, Jas. E. Wilson, James Shields, Francis Tweedy. On motion, tiie meeting cuncuired in tiie report cf s.i id rnmmittrn On ino'.inn of D. (J. Vawtcr, the meet unavimcus'y the following resolutions: R solved, That wc have full and tindimi liu'iico in tli political honesty nnri intc K. Polk and (i.?o. M. Dallas, President au. sident of Ihe l;. S. Resolved, Tliat our opinion, heretofore oxpreFcd at the ballot box, of James Whittomb i.r.d Jesse I), oriirht. (Jovernor am! I.t. Iinvprnnr nf f.,,:;..-, ,"e w . . - ......... , ,j , J .IV. i.i 111. , io in.- , shaken, and we will ho on .ill nrr-nn tJ give them our undivided sunoort. i Rescin d, Tliat we fully approve of the course pur sued by J. F. and Geo. A. Chapman, editors of the Siate Sentinel, since the commencement of its publi cation; and that wc disapprove of the course taken hv a few ofHrn kccI: Inrr ii .i.t I."-. ,.. fK.r. .1.; :.. - . .... - j xvtuiu ti'j luiiaiiu in ui:u I about the capital; and further, tint we believe the ' course pursued by a certain set of self-called demo- j cats is calculated to disorganize and distract us as a! party and strengthen the cause of Federalism. j Ou motion, the editors of tho Sr.-, to S,.ntinnl rv. ! periment and .Mad. son Cour.t r are requested to make publication of the foregoing proceedings. On motion, the meeting adjourned. JOHN r.IcGANNON, Trcs't. W. Jennings Vawter, Sec'v. .' . .. -'i vi Ms. Gr.r.ELv on Mr. Clay The the Tribune, is surely the basest and paltriest of nil journals. It accuses u of agitating the Texas qucs- I r. C r, . 11' 1 ... ..... . . . ho Hum u eonieaieu luipuisc ot Hostility to Air. Clay fjr tiie next President, when the Exnrefs itself trk ground for John McLean months airo ! We said then what we have uniformly said in public and nrivntf that the Whig party w.il not patiently hear of new candidates fur President for a long time vet, or until tue tuturc shall be clearer than it now is. If. in 18 17 it shall appear that the Whig party can elect whom it pleasrs President, it will choose nobodv but Henrv Clay. If cloud and darkness obsctire the prospect if we arc to select a candidate on whom to rally for n dubious and desperate contest, Mr. Clay can hardly consent to le placed hi such a position. It is indig nity ami humiliation enough for such a man to be! beaten once by a being ot the Polk order. The Tri. bune will endeavor to keen clear cf all Prosidenti-,1 agitation these coming two years. The calumny that ur unuying Jitwiinty to Texas is in any wav implied r instigated by opposition to Mr. Clav, is wnrthv rf r. ..uiit. a arc no incnus to Air. Clay who are forever thrusting him forward as a hamnh n nf very and desirous of its extension, which his repeated declarations disprove. We 6tand on the iWtrinr- ,S is Kalcigh letter: let those that intimate that I,p I.. i atiai;:T.( c them, prtuuee the evidence. , . . w- tünsljington CoiTCsponücncc. WASHINGTON, ) Saturday Fctnini?, Die. G, IS 13. Messrs. Editors of the Indiana State Sentinel: Since my last, little else has been done by either branch of Congress, than to progress with prelimi naries. Folh Houses, i'n Thursday, adjourned over until Monday next. In the previous time, the House cf Representatives had perfected its organization, by as R. Johnson as Postmaster. Messrs. French, Lane and Johnson he'd the same places under the last Con gress, The Senate has not yet elected its officers. Cau cuses were held on Friday by members of each polit ical party, at which nominations were made, and the election will probably come off on .Monday or Tues day. The Democrats nominated for Secretary, the Hon. Jos. Sturgcss of Georgia ; for printers, Messrs. Ritchie & Heiss ; for Sergeant-at-Arms, Robt. Beale of Virginia, and for Assistant Sergeant-at-Arms, Dr. Seth fc'alsbury of Pennsylvania. 1 did not learn the nominations made by the Whigs, further than that t-f Asbury Dickens, the present incumbent for Secretary. The other questions attract hut little in terest, compared to this, which produces considerable excitement on account of the great amount of money patronage connected with it the number of clerks dependent on the Secretary; and the ftars of some and the hopes of others that some of the democtatic Senators particularly Mr. Benton will sustain Mr. Dickens, notwithstanding his whig principles. It is understood that if a change of the Principal takes place, it will be followed bv a change of all the and that Jdr. Pickens is continued, nublic. as to vote for the re-election of Mr. D. But I 1 look further. If the democratic Senators and Repre sentatives, coming 'fresh from the ranks of the peo ple' have not the heart or disposition to employ their friends instead of thir enemies, what grounds have we for asking the administration to displace any '. f the four hundred and odd whigs now in office in the arious departments here ? .1-1 ... 1 a - O 1- TM . I nehus S. U bitney or Illinois as L:o;,r keeper, and Jas. subordinates ; and that if Mr. Dickens is continued, I provement extend, year bv year, from the north line he lloui,t ? ha P1,J t,ai. I tht he h id a ncei;t at heme. whim dechred "our nil the dependencies will remain. I or this reason, r u ,,,. i. ,n i.t..i.. .r m ,.i.- . 1 ,d' lVl 1 " V .l 14 rl'LiUitli .t'lu:,,';c tIie cae. of Oregon char and if for no other, I could hope that no democrat would j -'-v 1- - j f ! .V .. 'V 1 J Uke "e C.C "1 ! a i : . 1 11, 1 . .1 - i & 1 - r t 1 .1 1 1 nave seen ncr counties muiimiv in numucr. m inc n"- mui . 1 pic 1 uhht m yi , it it ought to be ceded do such violence to the wishes of his fnenda and 1 the , , ' ' . u u " . . fuch at, udmis.o,,. th.t a i.ornUe to t'av mavlcimi,lid ; zM t! at the occuna- richts of the nartv and I may add the interest of the ban"- prautiai, diu ureisuess way, irom mir- , lU x Wlltle it ,abh.hed . , delt .a warm uturue occur reu in uie senate on iiiur!,,,.,..n u-;n i. c r.t: t: t .. dav, on a motion to dispense with the rule, which provides that Ending committees .hall be chosen by ballot, and to give the power of appointing them to the Vice President. Messrs. Allen, Benton, Breese; Mnngiim. and some others tocK part in the debate ; nni the inntion was nnaiiyiot.iy tue wings, cntnasso,!jrcnce was rcceiVed from lWy, Wo Wayne and and .Messrs. Bag by, Benton, Haywood, and Wcstcott, ! t, . .T , .. J' 4 J . A voting in the negative. On the same dav, an interesting, and on the whole, very lauphable scene, occurred in the House of Rep- i dustrious, frugal, growing in wealth and numbers rcser.tatives, by the discussion, adoption, and carry- 1 gradually but certainlv, honest and happy and I irrg into effect of a resolution, previously intn duced ; ,,ave ex lCll in it x ,ccn in an anmiilin the old rule, relative to the selection of . . , . . ... ,. . seats bv the members, and disposing of them anew,,m,r' "baiidon tl.eir republican simplicity, forget tl.ec by hltc'r'. It seems that the practice this year, un-1 Halcyon moments, grow wild and reckless and I der tue previous rule, requiring each member to se- 1 oct his seat " in person," and giving them the benefit of tho miller's rule 44 first come, first serve, " had L: t rn: 1 . 1..,. VJlVfll U'Cill U1JIÜI il "IL". 1 HO OHMIIUCIS Ol IliO J.IM VOil- grsss who were re-elected to this, and who remained to the close of the lost session, made their selections hefurc leaving the city, and some as scon after the adjournment as tney could, lump irom their old seats to those ot their choice. 1 his forced new members . ..ci it ii l . - i t- i . loto Sleenv I hi low. and outs.de rows, wh.eh to some was exc ed tvlv disagreeable, especially these j who havectmic with the expectation of surprising the 1 i ll nation witu their eioijucnce, and who wanted a good ; place to 44 sdiow off. " j ' l J . A rich, spicv and animated debate occurred on the 1 - resolution, but which was cut short bv the nrevious question being called and sustained, and the resolu- , cach üther wilh a wise lo,k' llis name was, and tion adopted. Then came a seen?, whih no Hogarth what was the name of the State that he came from,) or Cruikshank could improve upon. The two bun-' to take a scat among them, provided he would be &at dred and twenty-six names of members were placed j isficd with a back seat nnJ ,mrtaUc to .omc mokt in a box, and severally drawn out the hrst drawn hav-1 , ,., , ,. . in? the fir.t choice, and eo on. Then mi?ht bo soen I extcMt m lhcir Meliorations and proceedings. Little, jjrrave members and pay, jo-tiino; each other, ' right Jand Kit, up out-s.de and down the middle, some I ii- i i : ,c i ... ....... to n-atiicr this, becoming a stumhlin block for others, j then rising and hastening t another quarter, where r- - r- ' .'j .:' mZ it enjoy -lor better or worse, another 'rirrlitppiii eighteen inch oihce. Among the amusing inrident, was tliat presented i... .1 at. "T..r u r i i im- iiuruiv.u .nr. .mxumin;, irom .iauuina, w no had selected :i seat at the close of the last session, and before he was known even ns a candidate for flection to this Congress. Failing ill his opposition ....i i. t " i.....i i : 7r: The resident's message has been tiie theme of contemplation and remark, until the subject has be come exhausted if a theme so prolific, a production so rich, can become exhausted. It is but a weak ex - pression of tho ftct to say that no message, from the days of Washington down, has received so great an amount of praise; or kindled a greater degree of cn- lh::siasm in the hearts of thn American nrrTnle. Thk. ! 1 it l . , 1 ?,mo,.,nt 0'",so ,? VT k,li(1 cd a Prratcr c 1 however, you have unquestionably read, in your ex- clinnce inncrx .fin vn Kern r?i nvnrv reriiililipnn cnnn. tenance. Kven the Whigs have now found out who James K. Folk is," and acknowledge that he is not!.!... t- ., .u.ui,;.,l r,in).,n.i!i..i . ...11:. . . V" ""mtw KflMmn- nun 10 lC III lOll. t , ... Nor are the documents which accompanied the having done this much, no nation or individual can, in justice, Fiv angin ngainsi us 11 we now Fiisnentt I diplomacy on the subject sind apply to the first law of , J . . - i . - v'uUlT- 11 ,s soo: the otter, renewed by 3Ir iMirhnii Buchanan, to make the 49;h parallel of latitude our northern boundary, was not accepted hy the British - . . . i i r t . Government iiiougu l no not regrcr, nor can i condemn the policy which induced the offer to l.o made. Had this offer been acceded to, the people of thi? country would never have been natisfirri. ! 1.11 1 .1 vmnv,n2 hat belonged to them, they would never hVc sf!nrtl oncd t'1 e f l-TT W,U that day arrive w,,on lLc,n'asscs ln Jhe United States, will be willing ,n "cndcr one tittle of their rights to British arro- gance or Lntis.i rupidity. A ith them the motto is ii - i... l... .:n: c.i .. not, uihj uiii mi ii ii'iur, uui millions ior ccicnco ; not on inch of American soil for temporizing diplo mocy, but oceans of blood, if necessary, for a free continent. But the die is now cast. Diplomacy on this subject must now cease, lt can go no further; and it rests with Congress to decide upon those measures necessa ry to .secure us in tho quiet possession of our rights, and our peoplo in the exercise of those prerogatives which belong to them, and them alone. The ouestion ct policy, as wsll as right, now is, all of Oregon or nroit'." The report of the Secretary of the Treasury shows great research, and vvnen we consider the ma-niitude of the duties imposed upon him by his office, the most indcfatigible industry. The grounds he assumes are ably defended his positions forcibly illustrated. In Ihe report of the Secretary of the Navy, the reputation of the Historian of America loses" noth ing, on tho coro tf erudition. But this feature is fir from being the greatest merit in that production. The keen perception of the statesman is seen in every line; and tue uoumetis oi the patriot in every sug gestion. Tliat branch of the public service has long been an eye-tore to the sober thinking, honest, and working portion of the peoplo of the United StatcF. Abuses and errors haic long existed, and vet. till now, wc have not had a head to that branch cf the government with tue skill to ferret them out, and the nerve to call the attention of Congress to them. I could particularize and comment, until 1 should fill all the reading space in your paper, and yet not half exhaust the subject ; but I trust you will "not fail to publish entire a document so replete with wholesome recommendation. 1 wdl. however, add the sine-h 'err a 7ot ted -MrRanc anv l05s unportant, or Ics allo proiluctior.s. tue Metropolis, thrir lill tncss was very visible. In- ' jTIie c(rrr?pondenco with tiif- British Govemmont on deed, never believed it, and since I have been nished con- J' crntory U est ot llie Hocky Mountains will riiotv j hcrL. Iny ullllolier has ffrowI1 Blronzcr and tlronscrm rrruv ! jas. .. . . .. . . , ...1.1. .1. :n . . . m ... . . 1 in iiM?ir.citiiHii? ciaiiii. wiiv wp ( Jit 1 m 1 1 . n rirf 1 . " IV- n that wc have dono all WM m honorable nation could 1,1 U,1U1L utui;aiiUI1 compare cnviaoiy wan I oc asisou io no, on me suijeci aim even more ; and j in;it Ul Ull o.aiu in uiu union; our, as j. euaii remark that with all the foresight and diligence of Mr. Bancroft, it will be exceedingly difficult for him to produce the thorough, radical reform necessary, so long as the several Bureaux in that Department are re quired to be filledjby officers in that service; men who from long enjoyment of life stations, under enormous salaries, have become aristocratic, and lost all ideas oficonomy, or regard fjr popular views and feelings. If Congress really desires to carry out the reforms he so clearly shows to be necessary, they will lose no time in relieving him of this incumbrance, ami eive him an opportunity to call to his aid the common sense and co-operaiion of practical men. The report of the Secretary of War, also contains many valuable suggestions, promulgated in Mr. Mar ry 'a usual plain and forcible manner ; and that cf the Postmaster General eliows that he has not been idle or inattentive to the important interests over whi' h he has been called to preside. It is to 1)2 regretted that tbc new postage system works so badly as to re quire an increase of the rates of postage. Still the increase which Mr. Johnson recommends is s prn ill, compared to the old rales, that I suppose Congress will have no hesitation in amending the law accord ingly. I regret to learn that Mr. McPufiie is SO indisposed that it is doubtful whether he will be able to be in the Senate at the election of officers to-morrow. Sena tor Woodbridge is also confined to his room. Mr. Dickinson and Mr. Calhoun have not yet arrived. I am pained also, with a report this evening, that that valuable officer, Maj. Hobbie, First Assistant Postmaster General, lies at the point of death. Yours truly, TIMOLEON. WASHINGTON, Dec 2, 1S4Ö. To the Editors if the Indiana State Sentinel: I have resided in Indiana twenty-tight years: from, 11 .. , i . it i. i j .i u i c ion by Sullivan J. I. Where a juiv h.is vi i ''ieJ and de indeed, my early boyhood; and during the whole of cldtVu,M,n ,.,.,.,,3. lh4l u a, r.or,.tiy c,nt,a i.rto.y, tii that pcr.od, circumstances have surrounded me that com t will n t grnt a i.ew tiiii i.p n tj-.e pro'ind that the made me feel a deep interest in her welfare and hon-, vhlcnce wos n .t m,iüum x t sn.ta,., the ye.dict. 2. Whcie 1 1 an atcu t 1 f ni ne tiian live yrais tui; Jio was toentfd or. I have looked on and seen her progress and im- to the dvftr.dant, win did u t j..t to the account but teen to eighty-nine ; I have seen the rising words Vixcennls and "Tekre Haute," stm?.;linS for the c a o mastery over the dying cognomens of Post St. Yin- cent and Fort Hirrison; I have seen Madison and r, . , , . c ,. , ... Lvansuue and Laicrencdmrgh, from little mages , in the ''Territorv," become the commercial Cities of! .1 . o. . t t t t l l the Sia.e; I nave seen the underbrush cleared c .. AT. .. . , . T , facUc' Michl?111 C Fort Wayne; I have Cn llic voters, after a congressional election in our District, standing on the qui live, not knowing how . to make up their minds as to the result, until intelli- Dearborn; I have seen the same district send ten members to Congress; I hae seen her citizens in- n i ; grieved over it ; but I have seen them chastened by tlC hand of adversitv and return tn their old , .,., 1 T . wns, and I am exulting af-ain. In all this progress, in all these changes of scene and circumstances, I have always been proud that I was an adopted son of Indiana; but, gentlemen, I J think ?rstcrda was the proudest dav of mv life, ' it , i.j-..,, A i ir , alow dinercnt the domü in U as huWon were twen- i i l . . w "'e'11 s1' wiai same uay : true, me ifons oi the Last, as a matter of grace, condescended to let a man by the name ol Hendricks, from that new State i)api. nc nifV.n?n:M- i.mw it Itco,i trk ,mc ,,0 : , , e . . ,. ' tiny n r4c tlw f ncn i t t cooc t r 1r 1 f Inrvk -t-ir : -.w- mW vivcv, xv. u. cv-oivn, iivu u.tui uai4u- j a little, did they then dream, how many tucks. every time the census should he subsequently ta- !. . . . . , k(.n, wcre to bo let out ot that young sister's pct- but they have learned it. I saw them to their fate yesterday with a ohilosonhv that 1 . . . . really surprised me : in fact, I thought it ( would have made ar. honest, blunt Democrat, from the region of Full Creek or Indian KYnturkv ,r,; ' 1 had the fond satisfaction. hurt, gentlemen, I yesterday' unon cnterinr. for the firt - - - , 0, --- j time, the .National Capitol, ot seeing .Mr. V inton of ! Ohio, and Mr. McKay of North Carolina, conduct to thr Clnir i.ne rf Iinlim-T m,Kf wnnjil, tnir...! i 11)0 Lnalr t,n r 1,u'lanab ni0at ciiMoIe, uevotcd, and trueet Ileprcscntatives, the Honorable Jou. W. , illiv. j. in thecae t.f a jud-nent by dtfauit, if it ip iv i ... , , , i v i . i . 1 re-r i-i the judgment that the c utt w.i ntif.ed bv Drocf l)AVis,-a mm whoso Male has always delighted to th,t tf(0 piofeJss h(J brcn diy ,eivcdf ü .J; to honor, and whose Lnion will never regret having evidence of the fact without making the letum to the writ of , confided in. His Inaugural Ad.lrn u-a T..-rf,.rtK' , .vw . characteristic of the people with whom, at home, he 11 ; ' mingles: tney ue out lew words ana moan what they say they ahvays begin with their sufjeel, and ! when they have gone through with their subject, they j quit they never use verbiage themselves, and have J0 rrat fancy for thosc who do. on i . i r .i T1,ink not, gentlemen, from the preceding remarks minc that Speaker Davis is the only member from 1 Inflinn.i ot vclioin I nm Tiriimi run lir.r.tr T t0 Wasliinrrton. I had often heard it said in Indi.mn huhu nil. 11 oiu A,iru uuiong uie smau-iru ai , ,., ... , . t, .... - .... .. J o Mm HW111 nivi vn; 111 iiiu uauii ui uaanm.' I i .i i I . , , I a ia"co tro:n the stutnr; but that, wnen they came to have occasion to speak of eich man separately, in some subsequent letter, I will nt now take time or space to particularize. Father Kithie's Devil threw me, about three-quarters of an hour ago, the President's message. I have not read it. I have barely time to say, at present, that it is just as Democratic as our friends expected it to be; and they expected it to 'breathe nothing else. K. Xzv Senator of Vikginia. The Vts!iington Union of the 4th inst., says: Yesterday, Isaac S. Fcnn backer, Esq., of Rockingham county, (a staunch and able Democrat,) was elected Senator, of the United States. Whole number of votes of both House, 101 . Necessary to a choice, 81. The votes were as fol lows : 1. S. Feunybacker, 110 ; V. C. Rives, 40 ; V. V. Southall, 3; G. V. Summers, 2; John Janncy, ü; K. E. Scott, 1; James McDowell, 1; ii. Y. Leigh, 1 ; John M. Foils, 1. Tofulatiox of IMiciiiuAN. The Detroit Free Press publishes the census returns of 23 of the 111 or ganized counties of the State. Tho lift includes all but St. Clair, Lapeer, Clinton, Carry, Cass and Chip- Detva. and shous a nomilntinn rf l1ll..riT"J. Tl. ?.,.. counties in 1Ö10 contained 1D3,3SS. The whole State wlinn hniird frnnv um 11 ni'nrrun KWinon ;n tain :. ....v... ..V... ..w... ..... ..u. in iuiu ii was I2ll,l'ö, showing ft fftin of 1)0,000 in five years. ; This is more than half the eain of tho Sfntn nf e- '- V ..I. .... . C ... :i- . .a ' citizens may well be proud of such a result. iwiii, wiiu u iumiauuii ui uici vu minions: vLUT Husband and Wife to be Huno. At Favettcs- ville, Arkansas, on t!ie 10th ult., sentence of death i was passed upon Crawford and Lavinia Furnctt, (hus- ; band and wife,) they having been tound uiity of be- nd and wife,) they having been found guilty of be- g accessaries before the fact, in thiT mu'rder f, nathan Silbey, on the 12th of Ausist last, in that i unty. Silbey was a bachelor, lived alone, an unof-: ing Jonathan i nriti lwuiu. oi.uey wii u uaiuuiui, ui u idih-, an unoi- 1 fending and worthy man. At the instigation 0f. the father and mother, above referred to, their .son, ' John Furnctt. in company with his cousin, bv the the niirht. situated about a mile and a half from theirs. f and deliberately crushed his head to pieces with a i.i r,i i ' va WV lie; . Ug vtiMa tHVllvj tIJ:y VUUIU Ulli cd home. John l'urnett is still at lare. SUPREME COUItT OF INDIANA. CASES DKTKRMIKEn AT THE NOVEMBER TERM. 1Ö13. Reported for the Indiana Statt Sentinel, BT A. M. CAR5AD AX. VrDr5DT, Dec. 3. The Stati on rcL of A tami r Johnson rt al. Kirur to the Deait.oin C. C Opinion 'v L)r.vr.v J. if an .Jmiiitiat. r lriikl the m -iiry of :m --"ate. wlii'e xhrte aie delt tf lt etitc to pay, sn 1 t'e mw y t e mt ic;ai !, it i a pctvf ri- n of lit? asfts from Ui-ir pnir um-, a-nuttts under the statute to va'r. Fr fut.h mUap! cation if ae:s an al mini'trator, h i ul'rq'if n1 ly urn i lia'jic with hit SmtMy, n h .fficial b -ml, on lti ir!a'ioii of U.j a !.Tiiru iraror Je f'Oiis non itlttit a pn-viou j-iJmrn! an.t bim. If it appear ia pie a-ti; tint a IV bile Couit Im lerr.ov- ed an airntiii!rtr. the p.osu.nj!iu:i is tbe a;ne cuit ap pointnl hin. Ileiersel. Hack v. Wihon. Appeal dorn the Wayre C. C. 0in ion hy Ulackford J. I. The maker of .romiory i.o' died b-avni ci.idcrab!e pi"iiil p'pity, but n-t nifli cient tu pat' all his dot t. Iiis rial i -taie wai mMJ after hi !: th but d i.l n linnz sufü i nt t pay the lin on it. 2. The maker f the iu-ie did oa the fifth day f the tcim of foult ix xt after tbe iisitimei t f the iio'e by the payee to the pUintiir The datc of il e liens wrif t ot piovcn. In a u:t aaiiiNt the avi.jnor, the pI-intilT icJieJ on the above fct to show the milei's iiolvn.cy ?n ixruefornot siiini him. Held, that as j i.lmcnt might have teen olai:i- ed fjr any thinj; h wn, u f ne the lu nw ie cieated.anl that execution euch ji lmrnt might hare tern put ir.to the band of the jheiiir tefore the maker's teath.the excuse of not suin the maker wai iusulScienV. IIclJ, alsj, that the circumstance that several uits by other per m a; -inst the deredeut ha l abated, .vit;ot sufficient cvi tet'ee of it reif, to show tint the plaimi.f cuulJ njt have obtained judg ment against him. lievcrsed. Tiicrdat, Pee. 4. Parks r. IIizelrig. Error to the Ilei.dnck C. C. Opin ion by vllivax J. 1. Al cu.ninoo hw signing was not essential to the validity i f a deuh 2. We have t.o statine which clianje the law in t'ii iepert. A b .1 theiefaie tha Ins been set'ed by an obligor, lliough ubisign d by Lira is v.ti 1. Revrsfi. Conwell v. BurkiighTm. F.iror to the Ripley C. C Of in from the dif.ndini to t:;e j liii tiiT in width the statute cp ''VA"' .Il'0?r,1V, "' lly v? nt on acc..u..t of principal or mteust, is put j cif im u;ce cf the piumic lail in the declaration wiitu-n live ycais tcfoic the ci mmetice- ment of the action, w,!l take the case out of the statute of limiiation, for such a piy mint ! dtc:r.cd a recoguilion of the Cxit.i.ce of the cause of actio:., ai d to Le cquiralect to a piumis. Afirmrd. Jiy r. n'i7.rr. Kiror to tho Peaiborn C. C. Opinicn by -llivan J. 1. A no'e made and endued to be neco- toble, and actually negotiable, at more than legal interest is usuiiouj. 2. Such nute however i rot void, but the princi pe u n without intcrct may be iccovmd. Reversed. Ellis v. the State. Knor to the Tip pecanoe C. C. Ojin ion oy Fvlli v an J. On an iiulictmrnt fir cie tin? a build it: which an otfensive trade is cariicd on alleged to be a nuiance, the defviidant may prove, in bar of the indictrmn'. that when the building wa eiectcd. it was lemote fiom hab ibitiuns, and that aficiwaid. the ve ison offtcvleJ by it buil lhoir 5,aUlaliüUS wiihiu the rtacb of its nox.ous effects, Reversed. Sutton r. Hais et al. Eiror ti the Clatk C. C. 0;inicn by IIlickford J. fioccs aainvt A , II and C, fcrvrd on the two fo.uior and irturned "not found" a to the litter. J eld, thai the p:.m tiir wi entitled to a continuance iu or der tu pi teure the aiu nd-itire i f C. Jlevcrscd. Vanernnn v Faiibrother. Knor to the Ko5ciuko C. C. Optiiion by I)ewi.v J. If a couit of cqu ty oidcr the bill to be dimird, on motion of the complj'maiit, anj ineit in the order "with prejudice," ueh oidcr cf dimisMin is not pcr- l emptory, and dues not operate like a decue -f diomUsiun cr lit' a 1 heann. to bar other procc-edirc- for the rame cause. Ncr can the cvm Uunnt MOsccute a wiit cf enor tnon sch an oider. Reversed. Kb i d t, Dec. 5. Murrny r. Buch inan. Krrnr to the !tnr.tiri;t tn ('. Court. 0 inion hy Sullivan J. 1. If a plaintifT die afier firi fa cia i-sur J t.ut, the exerut 'i or ad;niiiistr-:..r jhall have ihe money ; oi if the .lamtiT has m.Jo m exicutor, or adnin- istiattir he not g anti d.tlic nrn-ney must le biouht ii to .... i . . !.. .... . ... - hui ue;.oiiu umn incic u- a up e-ei.umc i icceive Xt'J. , n V I' 2 ?apcr U" ric r Ik I'eon lot or destio cd. it is nccfai v, if positive i roof of the destruction .f the pa;er camut be lud, to hnv that a bma fide and diligent search has been made f,r the insirurnrut in vain, uheic it ws likrly hi b? fund.and in general, the i . r : . t ..... iüs v ii mim ie Dioveu uv m r-on in ivhno liat.il it wis at the time of its los,or to whose custody it is tiaced, if ttie person he living. seems, that fjr any dcsciiption r f injury to the personal piopetty of a dtcciscd pei-on, whereby it it rcr.de i el less tei.tCci-l to the execu:or rr admii itrator, clone even before adminisf i ation granted, ti e rxecnt r or administrator may ncover for the inj'iry notwithstanding the actiuD is in lorm ex delicto. Reverted. Fallow v. Ktrnp. Knor to the Taike C. C. Opinion by Fcllivan J. I. Ihe defendant leceived fiom Mr. F. in Noiih Carolina a um of mnry which he piomied tocauy and pay over to J. K. in Indianapoh, fur a ccitain icasona b!e levvaid t be paid by J. F. I he c. i.tiart was ms-!e with Mr. Y., and theic was no aveimt nt in the drclaiation that the money bel.jid to J. F., er thit he leccnized the aeen cy of ihe defei d.nii. Wrf, mi a drnuiuer t the declaia ii n, that J. F. conid r.ot maintain an ai tioa for the money. 2. It is a general iu uui all action uon conttact. that i -- - t!ie c.'tiidt'ratiun of the promise rn'ive fiun the p!ain!ilF, or be cannot man tain an acii'-n npm it. 3. Where jaity wr " COI"ra.ct it'i a .other prrsan 'or hi bene- lit, He m'ist, m oohr U maintiin Li int t-hinr a relation ship, as f-r example, of debtor an 1 creditor, piireipal and a &c. to fXit, or j iove a.i cxpicss piorriie ta pay the ' rt- ,ne-- Dixon r. Dover. Eiror to the Chit C. C. Ordninn hv . a rau ol !ne rcCJ,a' -Wrmed. ! r ... u- r '.ATl".D'v,. 5. J hompson vs U caver. Lnor to ihe Taike C ATI" dav, Dec. C. IS 45. C. Oj in- ion by sclliva.v, J. 1. It i no objection to a deelaiation in debt, that the um demanded in the qutritur, it pt-ater than the mm riYclaied for. 2. A note made payable to a peu -n a? School Comuii. iener, far money due to the ehool fui d, may since the It. S. of 1S;3, be sued on in the name of the piyee of the note. Reversed. Comparet et al. is the State (on ret. 4 c , Error to the IIuntnitvMi C. C. Opinion by Scllivah, J. A vauance tetwetn the da e cf a bond set forth in the d. riirtimn n A ti.-t ...(.... i e . . . ! i?"Trpl.- Mchotson vs. Foster and Johnson. Error to the Daboii C. , v.. upimon dv M'uita.i, J. A scire facias V, have execution arin.t r.al .t,f. : . . - r -wfitu- i ctiri'.ir i hit iiincnini rf it. ;...:..). :.. " it"w'"',",",,-v-'i'viiiijiiiicjuuTnieni.anjuitiie 1 1 rr-ueeed. before hi.n. was iiud i, the cieik' office bcf.ie me wm ivueii. Jifrersed. J Irrel et al. vs. SnyJcr. Knor to the Shelby C. C. Opin irn t y Scllivan, J. I. A def.'nil4iit who In ronviciej W fore a jntice r.f the peace for a breach of the peace, the ailixcJ penalty of which does i o exceed time dllar, is enti lei tu an appeal fiom furh judgment to ti circuit couit. 2 The exclusive juri- dicti. n eonfcried on jusiice by lh 77th section of the act of 1S3S. relative to crime and punislwr.ei.t, 1 e not man final jii diction. The statute means exclusive original juriMjic lion, a conttadistinjrnished from the power to hear and fi nally (Jcteimine. Aßiimed. t .. ji ... t'i . . .. M?nAT, Dec. 8, 1S. jjjwj is. ruler, r.iror io irie Ur-oie C. C. Opinion br M-LtivAN, J. A motion to dismiss a suit commerced lehne a jtitictf of the peace, to w hich the defendant appear ed and pieadtd in bar, cannot be made in the Ciicuit Couit on account of an irrcgn!aiit in the pioce. Rtierstd. Lucy vs. Fait man. Enor to tbc Vermillion C. C. Orjiaion by ScLLIVAJf, J. r The fjiluicof a justice of the reice to file the raren in an appeal case, in Ihe Ciictut C-utt wi.hin 0 dayi after taking the arneal bond, i no g.od time for dismusine the appe.il. RtTtrset. b lMvcrty et. al. vs. Chimlerlain. Error to the Allm C. C Opinion by Sullivan, J. 1. A motion for judgment against a petson who hu ror ehaed propeity at sheiilTa sate, but who neglects or refuset to pay the puiehase money, mut according to the statute te mide by the nfTicer who conducted the sale and not by the plaintiir in the execution. 2. A court of chat eery will ret take steps against a puichae cf leal estate sold under a de cree of the couit to compel bim to peifoim the dtciee until a report of the sale ha been made and eoi .firmed. Jfirmed. Graeter vs. I otcler et. al. Error Io the Knox C. C. Opin ion by SULLIVA!, J. F A new tiial will not be granted on the ground that a wit ness has sworn contrary to the expectation cf the party that introduced him.-thm bein,r no evidence of nick, or that the witness wa tampeied with by the incite party, as that cT' V", , cn7i J'l SWf ar.f,9C,.v- Affirmed. H'tfe ts. Filler. Etior to the the Kosciusko C. ij. Opinion bv Dewey J. An action of debt will b airaitist the nntativ r.f,r ..r .n..:. . be on a j.i.1gment, rendered in Ohio r. i ... .,.. . an in, Ki.iuiaic cnua. ciiainrf him. ina r.tj.n cm h..t.i. K .. . ... . r p ' r";Uir "j i!ni:iicni wuri the main- tenance of the child; but the rieclarati.m mut nhow tL.t ...c ...in naj mainiainea, ana i theuloie entitled to the benefit of the judgment. Affirmed, it Opinion by Blackiod, J. ....vtyuMu m yt ii. j.Uf ,u. inor to the Caiioll C C A i11'01.1 to ,he t iir,,if r u't. which was - .-o-n to for a "... 7 .. u't"', mat the petitioner w. th. Ir'!t e T Qor1 ??,a,f,, l!,a " petitioner w. th. H. who ha. since her hu.Uni" delVii 7ni!i Zc T.lf the ar"t is illegally renamed f l.er liUily aid detain?! " mrganj reMiuiiico I her libel ly ai d detained fwrn he custody of the pctitior.n. Ihld. that the ietiti,,n V .""S'i'J?. U ia.,,1thor, w.it. Held, aNo, that tiie ,ve. L x !, Vt 'i cd..An. "l.f r '.!' ilf f Atiii -icnzj D Hovry tf Ca.ioll county uPto?int il.r in f it r. u : . .... rmm,, il constitutional, of which no JL..:." Sil. 'i'L.. th.1. Jl.Jtbe,1'filtke,,rcn.Janti" !,d inoeiedins in the Ciicuit l ouii, they not bavin? shown iht thm- .. -;..