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The Middlebury people's press. (Middlebury, Vt.) 1841-1843, November 09, 1841, Image 2

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tothrmilitia, and suspending the operation of
the mililia laws for one ycar, except in case of
insurrcciion and invaiion, and providing for a
revision of tbe mililia laws, referred to com
mittec on military affafrs.
Mr. Bartlelt inlroduccd a resolntion instruct
ing our Senators and Ropresentutives in Co.i.
grcsa to oppose the creationof ana'.ional bank.
Mr. Blodget moved the indefinitc postponement
of tho resolu'ion, yeas H, nays 7, and the res
olution was indefinitely postponed.
JiiU To provide for the rcccipt of tho pro
cceds of the sales ofthe public lands, the qucs.
lion beirc unon the proposed amendnicnt of
Mr. Dana, applying such portion of the pro
cccds, as may not be otherwise appropriated,
to the paymcnt ot tho state debt ; supported in
dcbate by Messrs. Eaton ofF, and Wooster,
and opposed by Mr. Botlom, when Mr. Bartlett Cccded to conader the bill raismg a committee
moved so to amend tlio amcndmcnt as to ap-1 10 cxaminc and report as to the expediency of
propriate tlie procccds to the purposcs of cdu- aUering the sliirc town of Bennington county.
cation, and thal tho bill bc rccommitted, with i jr. Sargeaat moved to dismiss the bill, which
instruotions to the committee so to amend il ; motion was supported by Mr. Sargoant, oppo
opposcd by Alessrs. Norton, Crawford, W003- jsed by Mr. Canfield, and negatived, 91 to40.
tor Morton, Dana and Eaton ofF. supported byj On motion of Mr. Sargcant, the bill waa re
Mr. Bartlett. and lost, yeas 4, nays 19, when cotnmitted to tho members of Bennington
Mr. Hatch moved that the bill be rccommitled
for the incorporation of amendmects, which he
presented in writing ; opposed by Alessrs. ua
Clark, Wooster an? orawtord, and sup. :
ported by Messrs. Hatch and Bartlelt, and
nrgaiived. Mr. Dana demanded the yeas and
nays on his amendmen', and it was adopted.
yeas 20, nays 2, and the bill as amcndcd was
ordcred to be engrossed, and read a third time-
Mr. Blodgetl called up the resolution provid
ing for the npportionmcnt of Senators in the
several counties, and it was adopted.
Mr. Dana callcd up the communication of
the District clerk, rclating to the lalc censuf,
tmd on molion of Mr. Dana, 300 copies ofthe
accompanying documents wcre ordcred to be
Bills, relating to crimcs and punishmonls,
reported by committee were read a third time
and passed.
Mr. Sheldon, ofthe committee to whom had
bcen referred papersfrom Maine, reported rns
olutions approving tho courso pursuad by the
state of Maine, and urging prompt and vigor
ous measures on the part ofthe general Govern-
mcnt in sustainmg our nghts m relation to ihe
nortncastcrn boundary. Messrs. Wooster
nml Tlnnn ni-n-nnnxl ll. A? t ... !
u..u uiuu t.vj.itoouu iucir ucariy concurrence
iii uic scuumcnis oi ine reporr, and tho resolu- j
nons were unanimouslv adonted. fThev will
be copied entire in a future paper.
A bill relating to bail in criminal cases, re
ported hy committee on thc judiciarv, read a
third time and passed.
A message was received from tho Governor
by Mr. sccrctary Hale, announcing the death
ofJohn Starkweather. Esq. ; referred to the
Senators from Washington county. Adj.
House. Mr. Vilas introduced the following
resolutions :
Rcsolvcd by the Senate and Houso of Repre
eentatives, that tho commissioner ofthe school
;;;T r' T. ," :sc"1
"TjZ r" .r ' , V wmc" ;
seTernl inrlividuala to siid !
fund ; and if any individual shall neglect, for
the space of six months, to pay one-fourth part
of what he may be owing said fund, and one
fouilh part in every six months thereafter. un
til all is paid, it shall be the duty of said com
missioner to cnforco the collcction ofthe same
by due process of law,
Resolvcd further, that tho state Treasurerbe I
dircctcd tepav all tho debts against thc State i
(rrPm hl, "i ,! . .W AV !
v r ""'ui
soon as consistent, and
as rnnsist.'nl. and fn linrmiu rrnm
, ,
" m!tf lin noMAn
mo scnooi luno, wnatever mav
earv for that nurnose, and that no nart of tho
school fund shall be reloancd to individuals
whilo tho State may be owing to individuals or
Wlw.li r..nii:... I .1
Tkj. :.. r .1 o . ,
l onV ii T-,if " l. -Zl ."'0,e' .reso-'
lutions 1st, against slavery in the district of
Pni.imt,;, o.?o,:, i 1 " j 1
uoiumoia, and against the internal slave trade : '
2d, against Iimhing -he right of pe.ition, and .
:id, aainsl admitting new slave sfates ; con-1
cnrredin un.nimously with the exception of
tho fint. to which two voiccs dissented.
7i,nnri. n.f r,.:i. j . ..
jieporu uy committee on educatton, bi s
niiluiriTlnrr nL.:ni:.. f..ni.. A .
tc-cr, and furnishing documents to New York ;
rlistoncal soc
ely, and ihey were naSSed : !
Hgamst legislation on praciice of physic and ,
surgery. By committee of ways and means, 1
ihat thn hnlnnn In fn,.n, nF ,L :'
S7fi7 fit ihnt nW,n,ri, fi,
unanimous in favor of a neolorncal snrvv. wt
it is inpvnedient m thU tM,;nn t
nv nnrt ni lnn.l rn ,i,:i.:il. 1 ' '.
J '
capital PUNisiiMENTs.
Tho Iloufe considered tho order of today,
being the bill abolishir.g capital punishments,
substituting imprisonment for life. Mr, Hen -
ry ofChesier moved to dismiss the bill.
The molion to disnvss gave riso to a pro-
tracted discussion, Messrs. Adams of South
Hero, Gilchrist, Chandler of W., Cutt3 and
Dewoy supporting the motion, opposed by
Messrs. Baker, Fullim, Rice of S., Hebard and
, ;vo uucs 01, so me 11111 was dis.
rnIssed- Adjourned.
Tuesday, Novombcr 2.
Senate. Report By committee on milita
ry affurs, a joint resolution instrucling our
Senators and requesting our Rcpressntatlves in
Congress to uso their infiuenca. .0 procuro a
passago or a general law n..empting cilizens
under 21 ycars ofyge s.id over 33, from mili
tary duty in time ot prace,
ent.re conviclion that our present systcm is
inefTicient, oppressive to tho milma and unne-
CMa..,jf iu ,n;upii;. iur. uiinng.
ham proposed a substituto for the resoluiion,
dirccting the committee on military afTairs to
repoct.a bul exempting cilizens of this stato
over 21 years, and under 33, from the nctive
duties of the mililia. After debate Mcssrs.
Dana, DiUingham.Crawford. Wooster nnd Rnrt.
leit, lhe amendment of Mr. Dillingham was
ndopted, and the question arising upon the pas
sago ofthe resolution, as amended, on motion
of Mr. Bartlelt the resolution was laid on the
milstty Mr. Dana, lo provide for the dis
tribution of the school fund to the several
towns in the state ; twice read. and referred to
tho committee on education. To'pay Leander
Fcnton, tho sum mentioned. reporied by com
miuee ngainrt its passagc ; indefinitely post
poned. r
A memorial or ihe University of Vermont
was presented by Mr. Eaton of F., read and
referred lo the committee on education.
Bifc-LayingataxoUcenti per acre on
lands m Salem; taying a tax of 2 r.ents vor
ncre on lands in Avery's gore; teverally report.
cd by Mr. Howo, read atbird time and passed
iu euiuuun reianng 10 an ulteralion of
tho constitutioa of th-s United States, rcstricting
the Prcsidency lo one term. L he amendmeni
of Mr. Wooster, (one lenn of six years) being
theq'iestioa under considcration, was debited
by Mcssrf. Dana, Katon of F. and Wooster,
and withdrawn. Tho original rcsolution.m
favor of restricting to a singlo torm, was then
opposed in debatc by Mcssrs. Dillingham and
Eaton of W., supportcd by Messrs. Norton,
Clark and Dana, and passed 16 to 8.
Mr. Bot'om callcd up thsTesolution for the
adjouniment of both Hcuses ; Tuesday ncx:
was a"rced to, and tho resolution passed, 15
t0 7 Adjourned.
IIousc. The Governor, by message, com
municated noticeof the dcath of John Stark
weathcr Esq., sherifTcIecl of Washington co.
On molion of Mr. Canficld, the House pro-
A bill was iatroduced from tho Senate, pro
vidinir for the receint ofthe land fund : referred
to general committee,
The IIousc rcsumed considcralion ofthe bill
for a geological survey, the question being on
ordcring the bill to n second reading; The
roll being called, Mr. Cutts, who wai not in his
seat when his name was callcd, asked leave to
record his vote. Mr. Spraguo objected, aitd
leavo was denicd, 9t to 81. TIkj rote was.
then declarsd on the bill ; ayes 97, nocs 100.
so the bill was rejected. Subsequcntly Mr.
Robbins moved to reconsider tliis vote, which
was supported by Mr. Hebard, oppOBed by Mr.
Vilas, and negatived, 112 to 95.
Mr. Hebard introduccd a bill for the clection
of members of Congress, in cnse Vermont
shall be cntitled lo her presenl number, the
election shall be mado under the cxisting laws,
otherwise be deferred) ; referred to general
Tho House went into committee of thc
whole, Mr. Fullam in the chair, on tho bill rc
lating to tho grard list. Among the amond
ments w3 one to confino laxation to improrcd
... II. m
rcal estalc, whicrr was supponeo Dy Aicssrs.
Hebard 3iChandlcr of W., opposed by Alessrs,
Keith.Sprague, Robbins, Canfield, Bakcr, Bar
ton and Shafier, and reiected. Anotticr lo
abolish the poll tax', prnposcd by Mr. Martin of
Glover, was rejected. Another stili, proposed
by Mr. Wcbster of Cabot, to increase tho as.
sessment of the poll from 8 1 lo $5, was also
rejected. Mr. Cobb moved to strike out the
5th section, which provides for the as-essmcnt
of attorneys, physicians and surgeons ; snp.
ported by Mr. Cobb on tho ground that the
property of these classes is taxed, and that it
would be unjust to tax both the faculty of ac
quiring property and the property itself; oppo-
by Messrs. Chandlerof P., and Canfield.
Before thc queetion was taken, thc committee
rose, and the House adjourned.
Wodnesday, Nov. 3.
Senate. Bilh Reported by Mr. Katon, to
abolish capital punishment, substitu'ing thcrcfor
imprisonment for lifc ; Iwicc read and laid upon
the tabic. Providing for a geological survey
of lliis blatc, callcd up by Mr. Wooster, and
Up0n h.Is 0ti? remmiltd 10 ',c com"e.e
, TT 1 i.'T u v
Relating to l.ighways. cal ed up by Mr. Hatch,
JI.,iH . Monn: Hntrh nrnu.lnrH. Ilann.
. . . ......
risk and t'almer, in lavor, and mr. Wooster
' -
viding for ageological survey, reported by Mr.
Chipman, with proposais of mcndment, provid-
ing that 82,000 be appropriated from the pio
' cceds of the sales of thc public lands, aficr tho
pay ment ofthe firsl installment,
Mr. Hatch
moved to amend the amendment by adding
.1 . - - .u . .u . . 1 rr .
thcrcto. a provision that the acl tako no efTect
..,,. r .u c. . j t.. u -j r
l? ' 00 f l State debt be paid off.
Mr: SUpp0rt f hlS '. 0PP t,,e
Pet of a survey on account of the expense,
and demanded the yeas and nays upon h.s pro-
posed amendment. Mr. uottom thought tho
.1 1 j t . .1
Rcnt eman unnecessanly alarmcd about tho
He htd done what littlo he could to
reP ,h boUnt? ?n . Th? aTUnt a?I
3 Z uc,v-""-" "caua "uu,u,
more lhan.mecft thc annual expcnse, or annual
appropnation for a geo'og ical survey. The
state debt was a debt due from the state to it
scK' alid lhe Trcasurer, w.th propcr legislative
authority could cancel that debt in nve minutcs
and leava a surplus in the Trcasury. Tho
I proposed amendment ofMr. Hatch was further
I opposed by Messrs. Botlom and Clark ; rp-
'jected, j'eas 5, nays 20, and tho bill as amended
I 'n committee, was otdered to be engrosscd and
' read a tn'rd tlme tomrrow morning From
the House, fixing the time when public acts
sna" ,a'ie cu"ect twice read and referred to
the committe on thee judiciary.
French called up the resolutions from
tn House rclative to a TarifTof protective du
llcs nnd ,hc Senate resolved to concur, ayes 26,
nocs none
Wedncsday Nov. 3.
House. The bill from tho Senate, relative
lo clection of members of Congress, was re
coinmiltcd to lhe general committee.
Resolutions. By Mr. Baylics providing for
thc nomination of sheiiffof Washington county;
adopted. By Mr. Sargeant, authorising the
appointment of a committee to report on the
subject of education ; adopted. By Mr. Cobb,
dirccting the committee on banks to inquire if
pcl thc bank
chaplain of state prison ; adopted. From the
Senate. appoiRticg John A. Pratt, Shubael
waruoer and Siephen Prcntiss, a committee to
j examine and settle accounts of stato prison
, referred lo committee on state prison. By Mr
Bakcr. instructinir our Hp!.n; ri. ,ul
repeal ofthe duty on sah ; made the order for
1 tomorrow afternoon.
Mr. Vilas presented the followinff nrcambln
and nsolutions which were made the order for
tomorrow afternoon :
Whereas two acts of incorporation, one called
'the fciscal Bank,' and the other 'a Fiscal
Corporation,' were passed by both Houses of
Congress at thc late extra scs?ion thereof,
which failcd to become laws for want of the
opproval and signature of Ihe President ;
and whereas it is highly proper for the people
through their immediate rcprcsentatives, to
express their opinions on n subject of such
yital importanco lo the American people,
in as much as it is probable that lhe same
maiter wi'l engage lhe attentiop of Congress
at their next session, therefore
Resolved, By the Senate and Houso of Rep.
resentative, that the conduct of President Tyler
in wuhholding his approval and signature to
tho ' Fiscal Banlf' nnJ . .
which were passed by both Houses of Congress
at the late cxtra session thcrcof, merits our ap
proval, and entitles him to thc ihanks of the
freemen of tho United States.
Rcsolvcd, That our Senators in Congress be
instructed, and our Reprcsentativcs requcstcd
to uso their influence to prevent the passago of
a law incorporatmg any such mstitution, wneth.
er called.'jOnited States Baiik,' ' Fiscal Bank,'
' Fiscal Corporation,' or by any other nanie
Resolved, That tho Governor be rcqueated
to forward copies of the foregoing predmble
and resolutions to the President, and each of
our Senators and Ileprosentauves in Congress.
Rqiorts. By General comtnittee, against the
bill repealing the bouniy on silk, and after eome
discussion by Mestrs. Itice of S., Skecla and
Chandlerof VV.it wasdismissed, 161 to 30; bill
for distributioD annuallv oa Isi Uct, the iaterest
of the scbool fund, in propartion ta populatioo,
and it was made the ordcr for to-morrow after-
uoon, as was also tlie bill to aboliah the state
school fund. Br Select committee, bill relating
to shiic town of BnniDgtoa county; IaiJoa tbe
table. Bv seleet eomBiittef against bill iu J-
ditioa to chap. 13 R S proriding for elciiop
of several town ofiisers by one ballut, and it
was dismissed.
The House went into couimiltee ofthe wbole
on the listfng bill, Mr. Fullam in the chaiT, llie
pending qnestion being on tlie motion of Mr.
Cob to strike out tbe 5lh scction, providing fot
the assessmemof attorneys, physicjani, meclian
ics and manuficturers ; tlie Hiotnm was nesatired
A motion to dd merchaDts and traders wu re
jected. when Mr, Beach moved ts strike out me-
cnanics aoa roanuiaciurers, wiueu wis dcshutci.
Mr. Cobb moved to add brokers. moaey lendcrs,
stock jobbers, innkeepfrs and ffwculjtorg, which
was rejerted. in tne tin eeuon (ot exempuons,;
air Kice mored to add one years suppir 01
nroTisions : adonted. Air. ricipoict raoreu 10
add all prirate and professkiDaHibiaiies ; igreed
to. Mr. Leonard moved to add manufacturercr's
tools ; rejected. Mr. Portrr moved to add hay 1
and other produce sufHcient to winter out a far-
mer's stock : adopted. Mr. Pierpoml movea to
amend the 7th section, assessiog rcal estate, o
as to deduct from the a mount ol tlie asscesment
such sum as may be secured on such estate by
mortgage; opposed by Messrs Adatns of South
Hero and fortcr, supported Dyftir. t'lerpniot and
reiected. 77 to C0. Mr. Jooes ol D. moved an
additionsl sectinn. deducting S3 from tbe list of
persons doing military duiy , and for minors e
quipped, tbe same lum to be deducted from list
of patent or guardian. Mr. Taylor moved to a-
raend bv FUbstitulinc Sl lor SJ ; wtiile Uus
queetion was pending, the committee rose, re-
porlca progress and liad leave to sit agam.
Abslract of lhe Treasurcr'r Bevorl.
In tho whole reccivcd 826,436 88
Deduct k'k commission-
er's fees, 496 50
Cash ovcrpaid by bank
of Middlebury, 50 00
Intcrcst paid bank of
Orleans, 250 00 8796 50
Lcaving balancc in favor of the fund 825,640
35. Of this sum $8,219 42 is loancd to indi
viduals, and to thc state, including intcrest,
822,420 93.
Abslract ofthe Audilor's Report.
The amotmt of tlie fund on thc
30th Sept. 18-10 was 6126,643 48
Of which 842,242 81 was on
loan, or intcrcst to thc state,
and $126,643 43 to individ
uals, Amount reccivcd thc past year 810,428 61
Wholoamount, 8137,072 12
Deduct principal paid on school
fund notes, 1,683 08
Leaving thc amount of the fund,
cxclusive of intcrcst, 8135,384 04
By a report oj the Superintendenl of the
Slale Prhon. wc lcarn that thc
Whole number of prisoners in confincmcnt,
Sept. 30, 1840, was ' 87
Received into prison during this ycar, 40
Whole number in confincmcnt in thc year, 123
Of this number thcre have bcen
dischargcd from prison by ex
piration of scntcncc 29
Rcmission of scntcncc, 6
Dcath, 1
Whole number now in prison 87
Of those now in prison 83 are white malcs ;
1 colorcd malc ; 2 white females and 1 color
ed femalc. Total 87.
From the New York Express.
Wo have news most unexpcctedly from Can
ton 20 days later than we published yesterday.
It comes to us by the same ship, the Naragan-
sett, and appcars thus late in consequencc of
tho omission, on the part of the consignecs, to
place it before the public at an carlier hour.
Previous to the Narragansett leaving Wham.
poa, thc Chincse had agrccd to pay six millions
of dollars as a ransom for the city of Canton,
one million of which had been dclivered on
board 11. M. s. Hyacinth, on the 27th May.
On the 15th June, just beforu sho Icft Macao
Roads, news was received that fighting had
again taken placo with some ncwly arrived
troops, and that a few foreigners who had re.
turncd to look after some of their property,
were again obligcd to retire to their boats.
Annexed arc a few extracts from tho Canton
Press ofthe 12th and 19th June, kindly loaned
lo Mr. Low for n few momects, by the rcsident
at Angier.
Arrangements made belwcen n. M. Flcnipo
liary and three Imperial commissioncrs.
1st. That all troops except those ofthe Pro-
vince quit the city withm 6 days, and proceed
60 miles.
2d. Six millions to be paid as a ransom for
the city within ono week, commencing 27th
May. Onc million to be paid before sunset of
that day. If the whole sum is not paid within
7 days, to be increascd to 7 millions ; if not
paid within 14 days, to be increased to 8 mil.
lions ; if not paid within 20 days to be increas
cd to 9 millions.
When thc whole sum is paid, then the Brilish
forces lo proceed outside thc Bogue, and all tho
fortified places on the river to be restored, but
not to be re.armed until all the afrnirs bctwcen
the two countries are settled.
The troops had returned to their shins nre
vious to the 14th June, afier having suffered a
grealdeai irom exposure on the marshy ground
back of the city. The Chinesc even sent cool.
ies to assist in taking their troops to the boats,
being glad to help rid thcmelves of such
troublesome visitors. When lhe iroops were
being drawn off, one company was found 10 be
missing, but after a short search wcro descned
up to theii knees in a marsh defending them
selves against superior numbers at Ihe poinl of
the bayonet, not being ablo to discharge their
muskets on account ofthe rain which was then
falling. Tfcey were rcscued from their peru",
ous sttuation by a detachmqot sent to their as
sistance with p'ercussion locks.
Sir Lo Fleming Senhouse, who commanded
the Naval forces in the abscnce of Sir Gordon
Bremcr died at Ffong-Kong oa the 14th June,
and was buried at Macao, at his own request,
in preference to tho former placc. It is auppo
sed that hfs deatb was occasioned by heat and
over fatigue attending the nttuck upon Canton.
Great aickness also prevailed among the troops
and seamcn at Hong.Kong. Capl. Elliot has
been sick a wcck. Mcssrs. Morrisonand Fear
son, Inlerpreters, had also been very ilL Six
million dollan had bcen paid fivc in silver,
and oao securities.-
The forces had lefi the river, excopt the Cal
liope and Horald, at Whampoa. The Nimrod
had sailed with dcspatches for Bcogal. Capt.
Barlow was to proceed from thcre to Englacd
with dcspatches for the Adrm'ralty.
The ncwi from China cxcites a good deal of
feeling whercvcr it ii read. Tho voice of ap
proval m to Ihe course of England is no nhere
hcard except from England herself. Thc war
against tbe Chincse for thc causes allcged, is
reearded as selfisb, cowardly and disgraceful,
the innuman war 01 a sirong nna inieuigcm
nation ngainst a pcople infirm of purpose and
imbccile in all their actions, Bcginning in
bold aggression, it is ending in plunder and
Mnrwl- Th monpv wliirh is wrnnc from the
weakand helplest is obtaincd at thc sacrlnco of
humamty and tho pnce ot mcrcy. vv ero an
Englishman lo do what England is doing it
would be pronounced a lawloss massacre, which
tho ciilMnrt d'.niilH ntnnn fnr nnnn thn irihht. In
tho eyes of nearly all Christcndom, the conduct
of England wil! be regardcd as without excusc.
Chincso cunning is no match for Englisb cu
ptdity, and tbe wor'.d will say that it would
sooncr trust itself to tbe Chinesc serpent with
its poison cxtractcd than to tho power of the
Englisb lion, with his paws raised to strike
dwn, and his jaws open to devour all who may
come within bis reaeh.
missioners lo inquirc into lhe ollcdgod abuses
ofthe custom house, rccommenccd their iabors
on Monday at the City Hotel. New York Ex.
press, Oct. 27.
Itis truly arausing to witness the noisy exulta-
lion 01 ine Liocoioco press ovcr meir lemporary,
and to ihem nrofilless. successes. Were we ui
believe their boastful and false accounts of the
electmns, tliey would persuade us that they had
srained cverv where. That tlicir ..ucces was
the rcsult. not of their own caia. but of lhe negli
genceofa portion of the Whigs, which, thougb
comparativeljr small, was large enougn, n wnn
drawn for a white frora the pool'?, 10 leave cs in
a temnorarv minoritv. can be easilv pioved every
where, and yet we liear the Tories talking of
tlien oai.is : ive irust none 01 our nig inena.'
will permit themselves to be duped by an aitifice
so Iiallovr, a deccption sogross. The Locofocos
have gainednowherc. Instead of gaining, they
have not even tlirown so many vntes as they
tluew lasl year, by many thousands. True the
whigs have fallen olTiu a far greater ratio, but
are the Locofoco f .ilsifiers so weak as to suppose
that the hundred thousand Whig votes who have
staycd at home 111 Mame, Vermont, .Uarvland,
Georgia and Pennsylvania, have been anihilated?
Or do they flalter themselves they can dupe their
readers into the bt-lief that they have gained any
poiu'ar strengtb, when iheiryole is almost eveiy
where a smaller onc itian last year?
No, the fell spirit of Loco Focoisin may, fora
while, be pcrmined by Ihe eriminal neg!cct of a
portion of the Democracy of tlie country, to attain
temporary ascendancy in a few whig States, but
il has nowhere gained ground. A few months
of calm reflection upon the criminaliiy and folly
ofiheir neglect of duty, willawakcn our friends
to a proper sense uf their duty, and lead them to
shake off the stupor, which has caused so much
piin to their friends and so much exultation to
their oponents. They will show thal the nation
is su'II whig to the core thal the Loco Focos
have in reality gained noihing. Boston Atlas.
Be or Gooo CiiEEn. As wc cannot hclpour
selves, our sd versaries are welcom to tbe viciories
thiy have ivon, and all the fruits few and noi
sweet, we predict which may enure. Th'r
oughly couvinced that the present reverese will
worke togeiher for uliimate good, we feel no de
pression, and look forward with as buoyatit hopcs,
as we did when Old Tip was speeding ihrougli
the Confederacy. The grcat whig niajority of
01 is-11) stiu exists still animaied liy tlie same
indoiiiitable love ot Iibetly still ablioring Lioro
Focoism, and its demoralizing doclrines and de
testablp practices and when the hour arrivts lo
sirike ihedccisive blow, it will ralfy as one man
lo the rescue. Richmond ffliz.
ced several sections ofthe late Military law un-
cunsiiiuuonai. mev preseniea me iouowing
communication to lhe lecislaiure upon the sub
lle&olved, 1 hat so much ol thc acts on the
lst day of November, A. D. 1837, and on the
19th day of November, A. D. 1839 regulatinz
and governing lhe militis of this State when not
in actual tervice, as are hcreafter mentioned and
pointcd out, are unconstitutinnal and ought not
lo have bcen passed. Towit; In chapler nine
and sectioniwi, the artbles numbered 1, 2, 3,
S. 5 1 -nI 91 in Monl0r .1,.,, tha
numbeied 1, 2, 4, 5, 6, and 7, passed lhe first
.Int. r TT lOfMr. II.. - 1 .
u ui iiuvciuucr, 1001 , iu cnapier SIX
tlie section numbered 3 ; and in chapter eight
the sections numbert d 2, 3, 4, 5, 6, 7, 8. and
9 ; and also in chapter ten, the section numbered
7 19 1Q nn,l 11 .1 . 1. - i n . u j r iv .
ember. 1839.
., - "J, nuu i - , l i.l t" 1 1 I ii l.- a iJ ii i tav ui iiov
1,, ,oon
The articjes and sections above enumerated
contain provisions for imposing divcrse amerce
ments, fines, and forfeiture, on cilizens of this
State for unmilitary conduct and disobetlience of
oiucio, niuiuui me iniervennon ot any civil
magistrate, and excluding the right oflrial by
The fine is imposed by a court marti.il, and
the sentencc enforrprl hv ih lavt. r nva...(;An
on the ?ood3, chatlles, or body, of the delinquent.
This the Cnuncil of Censers believe to be in
direct violation of the 17(h Article of the Con
stituiion, which deciares, "that no person in this
Staie can in any case be subjeclcd to law martial
or to any penalties and pains by virtue of that
la w, except those employed in the army and the
militia in actual service ," and also in violaiion
of another sacred provision of that insimmtnt,
which deciares, "ihat in all prosecu'.ions foi
criminal offences the person accused shall have
a right lo a speedy puhlic trial by an impartial
jury by tbe country, without tbe unanimous con
sent ol" whicb jury he can not be found guilty."
The Cooncil find the 7th section in lhe tenth
chapter of lhe law passed on the 19th day of
November. A. D. 1836, to be, if possibfe more
exccptionable than the other sections in said
chapter, specified as aforesaid.
Cerlain penalties are therein imposed on
officers requircd by said laws to make returns in
wriiing, and on failureto perform their duiy, tlie
officer to whom such return should have been
made, may deraand thepenalty ofthe delinquent
officer either verbally or in wiiting; and if the
delinquent Fhall neglect or refuse to pay said
fine within fifleen davs after demand made as
aforesaid, then the.officer to whom such return
should have been made, shall hsue hisexecntion
The Council consider this section, as not only
contiavenujg the principles ofthe Conslilution,
but despotic in its character and wholly repug-
uaai 10 we spiru ana genius 01 our govern
The mililia in actual service, is a verv different
miag iroin ine mnnia caned out for ordinary
dijcipline, or for thc review of aims t nr.il the pt-
ception ib the 17ih ariicle of the cnnstitution in
no wise aulhorizes ihe above enactment.
The sama body bave agiecd to recommend ihe
elecliun of county officers by the people of tlie
sereral Counties, except jusiices of the peace,
whom il is proposed, shall be elected by the
Revolutionaky Clii.ms. In compliance with
the resoluiion ofthe Legislature, we learn that
the Governor has appointed Henry Steveks.
csq. oi narnei, rresiueni oi ine vermoni abu
quariaa Society,; to invealigale the facts. and
asccrtain whetner this State has a just claim
upon the government of the United Siates,
for expenees incnred during the Revolutionary
War. We think the appointment a judicioua
one. Mr. S.'s acquaintance vriih the eaily
history of the State, derived from tbe numerous
early documents in his possesion will afibrd
him cssential aid in prosecuting the impoitant
in vesiigalion. Walchtnan.
Geolocical Scrtets. During the last sevcn
teen years, Geological Surveys have been com
menced in nineleen of tbe States aad two Terri
tories of the Union. This embroces an area of
nearly seven hundred thousand square miles.
During the last four years the General or State
Governments have employed iwenty-five princi
pal Gcologists, and forty assistaots.
The Salem Regisier pulilislics a correspon
dtnce between Mr. lsaac Chase, American
Consul at Cape Town, Africa. and Rear Ad
miral King. Commander-in-cnief of the British
naval forces on thal station, relating to the trcat
ment of Capmin Webb, of the Salem brig Chero
kee, whicb was very roughly overhauled some
lime ago by a bcat from the Brithh brig Curlew,
on the old suspicion of being engaged in the
slave trade.
Mr. Chase forwaideda copy of Capt. Webb's
statemeut to Rear Admiral King on the 20th of
March. Tlie answer, which is all that could be
wishtd or expected, we give below :
H. B. M. S. South ampton,
Simon's Bay, Mahcu 13, 1841.
Sia: I have had the honor to rtceive to-day
yourletterof the 20ihinstant, with its cnclo5ures,
reportiug thc reprehensible conduct of an officer
belonging to her ftlajesty's brig Curlew, while
boardini;and examining the brig 11 Cherokee,"
under the flagof the Uniicd Siates, and feel ex
treme regret that any officer under my ordeis
should have acted in the manner complained of
by Mr. Webb. A slrict investigation of the
maiter shall be made on the earliest oppnnunity ;
and. should I Cnd the complaint cstablishcd, I
shall cerlainly inflict a severe reproof upon the
offemler, my instructions to the squadron on as
suming this command being that every proper
moderation and courtesy should be observed in
performing the unpleasant duty ofboarding the
merchant vessels of friei.dly nations, and cspeci
ally ihose ofthe Uniied States.
It is gratifying forme to observe the tcmperate
language used by Mr. Webb in his rrpresenla
tion,and thc friendly considerjtioii you have ex
pressed for Lieuienant Ross, while brinice thc
subject under noiiece.
1 bave tbe lionor to be, sir, your most obedient
Rear Aimired and Cammandtr-in hitf.
Liabimty of Tenants fok Fires. An
impurtant dccision was made fast wcek in
thc Superior Court of JcfTerson counly, Vir
ginia which is thus noticed in thc Gllarles-
to'wn Press ;On Tuesday the lonc nendinii
case or John Slrider vs. Hefflcbowcr &
Co. was decided in which the nlamtifl
claimed several thousands damascs for
the destruction, by firc of his flour mill on
thc Shenandoah River, in 18S7, whilst in
he occupancy of lhe defcndants as tcn
ants. Thejury gavea vcrdict for the
An imporlant principlc has bcen cstab
lishcd by this decision, nnmely that thc oc
cupicrs, of millsas lenants must not only
usc duc vigilancc and care in the protec
lion ofthe mill from firc, by friction of the
machincry, but if they cannot prove con
clusivcly thc cxercisc of sucli vigilancc and
care, they will be held rcsponsible for the
property destroyed.
A Tiger Shot in the slrcels of Louis
ville, A Splcndid Tigcr belonging to the
Menagerie of Titus, June.Angcvine & Co.
cxhibttingon Greenstrcet, Louisville, csca
pcd from his kecpers on Friday, he was
shot by Mr. Joseph Polter, piano forte
manufacturcr. Hc infliced a slight injury
upon the armof a man who was endeav
oring to, head', by a blow from his paw.
A Mao.netized Pto. Tlie edilor of lhe
Kennebec Journal kceps a p!g, which in
his opinion, is a remarkable and a thriving
one. One of his singular propcrtics is
thus dcscribcd by iheobserving editor.
'iSince wc heard Dr. Collyer, we Iiave
made an experiment upon our pij, and find
jtliat notwtthstanding iie is by no means
ofa hervous tempcrament, but ralher
' 1 . t 1 .-
lynipuauc.yci ne can ue casuy magneii
zed. Tho oxporiment was tricd by scralch
ing his back with a stick. In ten seconds
thc magnetic fluid bcgan to opcrate on him
as was evident by his closing his eyes and
mintiniraudiblv. while his slendcr tnil nnr.
! fed in a very peculiar way. In tcn seconds
more hc showed an inclination to repose
by bending down his back, and in two min
utes more he was reclining on the floor in
aperfect somnambulic condition. Toall thc
questions put to him heinvariably res
pondcd "ugh", which might be translated
to mean almost any thing! Tho stupor
lasted just so long as the scratching con
tinued, difiering in this rcspcct from those
of Br- Collyer, who can only be waked by
back handed manipulations like unwinding
a ball ofyarn after having wound it up
Those who wish to see the experiment tri
ed will begood enough to call soon, as there
t3 no knowing how soon the susceplibilitv
of magnetic action may be lost; or if it
should increase by practice, as it is said to
be true ofthe Doctors, subjects, wc shall be
constrained lo discontinue the expenmcnts
lest the pork should become,, tdo highly
P. S. No cxperimcnts have yet bcen
made in clairvovance."
Georcia, October 20, 1841.
In this State we are defeated, but not con
quered. The Van BTen press ascribes our de
frat to the extra eession of Congress. It i not
so. Ai thc last session ofthe Legislature, Gov
ernor McDonald proposed to borrow 83,009,000
on Siate securities; to lend out to the people.
The Harrison party refused to sEuction the
proposition. " Tbe banner of il McDonald and
Relief" was raised by the Vanitej, 3nd the
elcction turned on that, and nothing else. But
for that question, Georgia would have been
WKi nnw 'Pliie nrnnnctfil rKpf i!l nnt kn
afforded, and Georgia will be Whig nex t year,
ujaijL my woru
There was collateral causes which produce
some effect, it is true. Owing to the change ia
lhe manner ofpiy ing State taxes, they had the
appearance ol having been increased, when iu
m''1 -5-e was a. drease in them. The cryjof
lariff wasraistd, and tl.e Vanites goi up
meeungs, and solemnly resolved ihat Congress
had imposed high duties on su'ar salt ?ron
bagging; &c. Handbills were placedS'rou
out the Cherokee district, stating that McBoilald
coffee was six miunris tn thpilnllar n
- - t niiu iiaicson
coffee three pounds.
Anerewasa periect apatby also pervading
larity rendered every or.e confident of success,
ond rtn -VTU- mnn .a .1 1 1 ' r m 1
uuu cii uaa nas uiuuc uy ms Jnenus to
elect him. In no county in which the Whigs
made an effort did they fail to gain ground. More
than seven thousand men were absenl from tha
polls. But we say this to cur- fn'euds abroad :
uju. vc nttg nexi year.
TlIE MlClMQAN Et.irnTTnii nrlll t .
wcek. The Whigs are there remarkable nctive.
a i:ey, une ourseives, naveDeen morned by the
negligence of Ohio, Indiana, and Maryland.
Robert Tvler. a son nf thc PrWonf ."
to publish a poem, enu'tled "The Last Man," of
which his fathej is said to be the hero. So says
the New York Evening Mail.
Mr. CavTTEif oen's Farm. "We rcgret to see
contradicted the report that a farm had been pre
sented to Mr. Critienden by his fellow-citizens.
Ii is now said, they inttnd to present him ihe
Deatii or Mr. Forstth. The Baltimore
Patriot of Friday afternoon has ihe following
melanclioly announcement :
We regret 10 learn that lhe Hon. John For
syth, lhe Secretaiy of State under Mr. Van
Buren'sadminisiration. died at Washingion last
night about nine o'clock. He had been sick for
some lime with congestive fiver.
The following abstract of his history we cut
from the Madidonian of Saturday:
Mr. Forsyth was born ai Frederickburg, Va.,
in "ciober, 1731. He graduated at Princelon
College in 1699. He entered the praciice of law
at Augusta, Georgia, in 1S02. Boon after he
was appointed Atiorney General of the State,
and rapidly rose lo riisli'nction. In 1812 he was
elected a Represeniative in Congress. From
1S14 to 1813 be was chairman of lhe Committee
of foreign AfTairs, in which posiiion he sustaiued
Mr. Madison and lhe war wiih Great Britaio.
fn 1818 he was elected a membrr of ihe U. S.
Sena'e. where he took his seat in November of
that year. In 1S19 he was nppoinied Ministcr
lo fcraii', whtre he brcame involvcd in the
controveriy in relation to our trealy with that
counlry, settlint diffsrences, ceding the FlorMan
&.c, wliich lasted uniil October, 1820. With
the cxccp'ion of a biief visit to tne U. States, hc
conlinued at MadriJ until 1323, when he return
ed to this country, and having in the me?nli:ue
been re-clected ti congress, h" resunied his seat
in lhe House of Representaiivcs in December
ofihat yrar. and was restored to ihe chairman
sliip ofthe Corainittee of Foreign Affain, which
he coniinucd to occupy as lon? ai he renained
in that body. In October 13i7, he was elected
Governor of Georgia. Afier filling that post for
livo years, he reiurnrd tn Washington ;.s Scna
tor ofthe U. S. in place of Mr. Berrien ; that
post he filled from 1829 until the summer of
133-1, when on lhe resinalion of Mr. MrLane
as Secretary of State, Mr. Foresyth was callcd
tothatDepartm'-ntby President Jnckson. That
officc hc filled during ihe residue ol Gen. Jaek
son's term, and conlinued to hold it until tlie
close of .Mr. Van Buren's .idmiuitration, when
he was succeeded in o(Hce by Mr. Wbster. Mr.
Foryth has conlinued to reside ir. this city the
past summer, and had reachcd the sge of Gl
The funcral took place on Saturday, at 12 o'
clock. Another Defalcatiox. We are informcd
from the proper source, that Mr. Sylvester Spen
cer, who for many years past has had charcc of
the pension ofiice a'.tached to the Mechanics'
Bank in this city. turns out to be a defaulter to
the amount of about eleven thousand dollart.
Being entrusted by the baok to draw checks fr
Ihe paymcnt of pensioners, he has, it secms,re
cenily diawn such chccfcs, at different times
within ihe last six months, to lhe above amount,
in the names of persons not entitlrd to pensions,
and procured the money and appropriated it to
bis own use.
A careful examina'ion of the pension cfHce
and vouchers show the precise amount of de
falcation to be S'0G72, which will bc nearly
covered hy the securities held by the bank.
From Mr. Spencer'a accmnt, corroborated by
other circumstances, it would sremthat much,if
not most, of the money fraudulentlv abstracted
by him fnm the Mechanics' Bank has gone into
the Washington Bank of this city, and he hnlds
iheir cerlificates for a cnnsidcrable part ofthe a
mount, which have been proteted for non-pay-ment.
There is reason also to suppose that the Wash
ington Bank, hy some arrangement with the
Monmouth Bank ofNew Jersey, has used tl.is
money in an efTort, prabably unsnccessful, to
give a temponry credit to the notes of lhe Ialter
The president of the Mechanics' Baik has
pmmptly caused Mr. Spencer to be committed,
?nd it is painful to know that he hns s tmilv' cf
eight children ilependect upon him for subsis
tance. A. Y. Ara.
The following annunciation ofa vast improve
raent by a new raodifirntinn of mechanical power
muste should ihink, attrart ery generally tho
public atteniion :
Electro MiQNETiaoB Locojjotite.
Translated from the JYutional Intelligcncer Jrom
the Echo dtt Monde, savanl No. 653, Paw,
ilh Aug. 1841.
A letier has been received from Leipzig, dated
23d July, staiing that Mr. Lewis Gabriel Stoch
rer, a mecbanician of ihat ciiy, has just finished
an Electro Magnetic Locomoiive, the greatest
partof which is constructed afier Mr. agner's
plan, and whicb has been purchased by the Ger
manic Diet. This Iocomotive is of seven hnrse
power, and will dra.v three cars full of passen
gers. It costs about 1,000, instead of S7,b00
the cost of a common sieam locomoiive; the
supply for it amounts to not moie than 60 cents
per day.
The expenments which havebeem madewith
Mr. Stnchrer'i Iocomotive on the railroad be
tween Leipz'g and Dresden left nothing to fce
Bask op Bennington. This Institution
has closcd its doors and stopped payment.
When it is to re-open anb resume tho re
demption of its bills (if ever) we are tina
ble tosay. Since its management fell into
new hands and its aflair3 have been mainly
controlled by its president and a ccrtaio lo
cofoco director, said dircctor hasceased lo,

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