OCR Interpretation

The Belmont chronicle, and farmers, mechanics and manufacturers advocate. (St. Clairsville, Ohio) 1848-1855, February 04, 1853, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84028479/1853-02-04/ed-1/seq-2/

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There it t bill in the Ohio Legislature to fi
authorite Treasure forcibly to open the E
vaults of Bank anJ collect tin tax wrongly
SMOtSed upon tlietn. On thi bill Mr. Shkl- .
lASAROER, Slid: t
I ihould not have said any thing inon the "
paatige ol this bill but for the fact thai I have "
been connected wi'.h a aelect committee V '
which it had been referred, and having thought '
It not necessary to tr.mbli! the House with 1
any minority repjrt a to its in-rits, to now 3
again, upon its passage, decline miking any
Mpreasion upon it, would admit of a miscon- 1
traction of my reasons for being ai'ent. 1 1
hope, therefore, that the House w ill indulge 1
fne for a lew moments to atate not argue 1
the objections to the pnssage of this bill. And
first, I would state, negatively, that it was not
because that this bill sought to compel the
banks to pay taxes, equal to that paid by oth-1
ere. That banks, in all cases, where we can 1
legislate at all, should he taxed like other tax
payer, ho denies now! None! That they i
were not so taxed in the past of Ohio, who is
to blame! All! That there are such char-1
ters, exempting, to a greater or leas extent,
these banks from taxation, ia an error of the :
past, if error it be, ns 1 think it is. The ques-1
tion ia not involved in this bill, as to wheth
er there should have been such legislation.
The only questions involved in which I shall ;
notice are, "Is this lnw right and wise!" Or
if right and wise in the abstract, "Is it neces-1
try now, and will it do any good!" "Is leg
islation needed!"
Now, Sir, it is notorious that there is no
delinquent bank in Ohio, i( they are right in
the legal question they present to the courts,
and I have said that these banks, proposed to
be entered into, make a simple and single ju
dicial question in this whole case "Are we
delinquent!" "Have WS nol paid ull our trx
ca!" For the answer they have pone to our
our courts. They are your friends who mailt
(hat court. Will you trust them with il ! To
that answer these banks any lin y will, and
they must submit. I assert, sir, and that no
gentleman will deny, I hat yon cannot prevent
that appeal. Hy the law paramount, which
it over you, and under you, and around you,
and which made you, the legislator tint right
to go inio the courts is theirs! "All courts
shall je open, and every person for an iij ry
done, shall have remedy by due Bourse
of law." Is it replied that you do not seek to
shut the courts! Then why this hill! Tine,
you cannot. True, in spite of it, injunctions
of the courts will forbid what your law com
mands until the question made is tried. lint
let us fee whether it is not an attempt, (true,
it must be abortive,) to prevent a trial of the
question, and to collect these taxes, whilst
the question as to whether they ever shall be
collected, is in the courts for adjudication.
Now, if this bo not the object of the hill, let
us look fur some other. That it will be its
effect, If its requirements are not defeated by
the constitutional right of a trial, is too plain
to argue. It makes the treasurers ati.l pros
teuton, under the penalties of their bonds
Ml loss of office, break open nil hanks that
have not paid these disputed taxes, and take
the taxes. It makes no exception in fuvor
of those who have the question of the legali
ty of this very tax in the courts being tried.
Then, if the law is executed, it will pay the '
taxes, concerning which the courts are now
10 say whether thee are owed,
What other object can the law have! You 1
answer, the lame that it has in seizing or dis- 1
training any other property for taxes. To I
that I answer, thut is not its object, for that
right, the common right of distraint, now exists
against these hunks, in the moat complete
and ample form. If this bill was only meant
to give ngaitmt banks the right to distrain,
then it is only and simply frivoluous; for by I
the act of I8.VJ, in sections 51 and 72, that
right is fully recognized and wived, and that
against "any corporation. " Then this law is
net to be passed to enable distraint to be
ninde as against others, (or that's the law
now for the collection of all legal tnxes.
What other motive have you in view! To
make the Treasurer do their duty or forfeit
their bond. Bui It the terms of those bonds,
a they are now given by those in office, and
a they must be given by those coming in,
(for the utatue now lixes the conditions of
those bonds.) does not ROW cover what this
bill seeks to make n forfeiture of the bond,
then you cannot make it a forfeiture "hy uct
ef Assembly ." Do you think, sir, that we
can enact that a note which reads for one
hundred dollars shall he "taken ami hel.i" to
be note for two hundred! Probably you
will not, though ! am not sure. The bill does,
not any that bonds shall hereafter he ao con
ditioned as to make this delinquency of the
Treasurer a breach. Not ut ull. Out this
act shall he held a forfeiture whatever may he 1
its conditions, and whether now in existence 1 1
or not. If that be the object of the hill, then ! 1
the bill's form Is novel, considering its object, I 1
Then that is not what the hill is lor. Is the j
object to dltber prosecuting utlornies for not 1
prosecuting these treasurers' The law now 1
provides for their removal and lor disbar- 1
ring all attorneys for cause. Thut ' not the '
object of the bill. It is frivoloua to extend
this search for oljert further. They are man- '
ifestly not those I have noticed. Hut, sir, is 1
the object of this law a general de.ign, with 1
reference to theso Banks, to provide a mode 1
of collection of taxes more efficient than the 1
law now furnishes! This is doubtless what 1
il claimed. Let us see. It is aeen that the 1
law now provide the general right ol d'etre! '
Wht more d.ie the law provide! If its pro- 1
viaion are now at thorough and ample f.ir '
these collection the provision of this a I
tntke them, or t Ibsy can be, Consistently '
tetth the idea thai the banks have a right to try )
thit question at all, then the object of the bill '
ctnnot be to simply insure the collections of 1
legal tux. s, leaving to all the right to try the 11
quettion of legality in the court. the law
now t effective t it can he, consistent with '
the right to a trial! By the T8d section ol 1
the ect of IBM, the right of di-lraint is given 1
By the A 1st aecilon it i recognised, By the
ct drti ning the duties ut County Trpfmum - '
eclion lint., it it required of tho.o oflU
But it may be aaid thut under these acts '
mooev" cannot be taken. Grant it, for the I
take of argument. But what doc the Uw '
provide for the esse where distress is iuoper P
live. Sir, It providea for just such Cue.
nd iu provisions tre incomparably more el- (
feriive than thit bill. "That if the Trea.ur- "
er shall be unable, by distree or otherwise, to "
collect the taxet tttested ipn any person or
co roji i ion, lie shall apply to the Clerk of
the Court of Common I'let at tny imu t,.r
hit tettlemeut with the Auditor, and the Clerk
thall give notice to uch corporation requir- '
ing it. forthwith to show cause why it should ('
not pay tuch taxes, and on the failure to show "
sufficient eaute, at tht term to which the
notice it returntble, the court it required to r'
enter rule egsinst it for the Use and custt, b
hd that rule is made judgment, to be en- t
jrced by attachment, rxnution, or incM oTn- I
R sroceis at tht court may direct." Section
Whet can be more thorough ' What more
ummary, that allow any trial! No appear-
nee terms. No process. No declarationa I
r pleas. No attorney to be employed. None I
f"the law' delays." Forthwith you get
iidgment, anil you my ue execution! If
hat won't doynu take out such other process
s you want, under the court' order! Can
ou think of anything beyond thit! I aver,
ir, there is nothing beyor.d it, except the
nere power or the mob. Nothing that this
Ml does not furnish, except that it allowa the
:itizens, in the courts '-to shew cause," if he
:nn, why hit propeny should not be tcized.
All that this bill can doin the way of effec
tively securing the taxes, except organise the
mob, the law doet. Now, sir, may I not claim
that nil this bill legitimately aims to do is to
shut the courts. Bir, I hove said you can't
do thai! So much the greater outrage in ma
king the attempt.
Sir, I will only notice one other fnct, indi
cating that the true object of this bill is to
deprive these banks of the benefit of on ap
peal to the courts. A bill was presented to
the House providing that these banks nnd oth
ers might pay all these taxes, and let their
receipts fromtheTreasurershow what amount
the tax payer thought was illegal, and then
let him, within a short time, sue and recover
it buck if the courts say it is illegal. That
hill is in its grave, mid by the hands of the
friends of this. What! not take this money!
You now want to "gig" out of the vaults with
pickaxes and crowbnr. That measure was
approved by, I believe, every bank in Ohio.
All would doubtless have paid this tax and
tried their case, to get it back, in your courts.
1 The friends of this hid would not have the
I money they now ore "digging" for, if the ta
king was coupled with the right to try (he
question, (in a court composed of these Jgen
tbmen's Iriends) as to whether this tax, thus
taken, was illegal. What can demonstrate a
notion if this do not!
Sir, what now is more clear than the object
of the bill. It is by violence to deprive these
citizens of A TRIAL, It is not the collec
tion of a tux merely, but the collection of it
so as to take away, if possible, all inquiry as
t whether it is legal.
Sir, the courts in some cases have enjoin
ed these treasurers from doing the very thing
you compel those treasurers to do. Against,
these injunctions you compel them to proceed
to collect. In other cases these hanks have
gone into your Supreme Court, and by the
very provisions of the act which assesses this
tax. There (hey are now awaiting, under the
74th section, the answer of your ov n supreme
' judicial forum, to the question "do we owe
, these taxes." To that answer, or that of
the court of last resort, they will bow. Will
you sny lliey shull not have it? If you Will,
then you should not pass this hill, for the luw
now makes all possible provisions lor these
collections that are at all Compilable with
the right of trial. If you would not allow
this answer to he had from the courts, pass
the bill, and exhibit again, to the amusement
of your Stiite, a very impotent nnd harmless
attempt at tyranny, against which the people
are protected hy the constitution.
Sir, il must not he snid thut in opposing
this bill wo justify a violation of law, or a
less taxation of bankers than others. I jus
tify neither. I am in fuvor, in nil cases where
we can. whether we have the power, of tux
ing them as your constitution says they shall '
be taxed, "so that their burden of taxation 1
shall ho equal to that borne by the property '
of individuals."
I oppose the hill for the reason I have '
stated. That if these taxpayers arc to have
any iriul ut nil, thisact it utterly unnecessary.
II is meant whilst these questions of the le
gality of these tuxes are pending in the courts
to compel their payment and take away this'
right ol a trial, then it is unjust, oppressive,
unconstitutional ami shorative.
Sir, these bnnks ought to yield, in my judg
ment, any peculiar rights secured hy the7r
charters, and submit to bo taxed as other I
properly, if the Legislature will tax them as
Other property. This I am informed (hey
are ull ready to do, if they can have uny guar
anty they will be so taxed. They are not,
they aver, tnxed, hy the hill of Inst winter,
0 other properly, and to try that question, they
are compelled to resort to the courts. Will
you let them try it If not, paaa (he hill.
Its Completion to Columbus.
in spue ot the difficulties, greater than will
probably ever be understood or appreciated
fey any except those baving the work in charge,
sod against the predictions of persons of pret
ty good judgment, that it could not he done
ticfore April, two trains duily, each way, nre
Punning over the whole track, between this
1 1 y and Columbus.
We have ii j room to speak ss fully on this
mhject as WO desire; but we cannot refrain
rom congratulating the public, the Stockhol
lor and Directorson this gratifying event,
l'o the traveling public, and to the (raveling
nteretti of the rtfon this Road traverses, it
a ill open a great convenience and new thea
res of action. To the Stockholder! the al
eady largt iucreaseof passenger travel and
he importance of freighters waiting for the!
icrommodations o Irude which a lew dava I'
nore will furnish these things give guarun-l1
ee nfsatlsfbctory profits upon their Investment 1 1
Sdepsndsnt Of the beneficial result to trade '
lUd properly. As evidence of the increase of '
Kwldeneo, sines the opening, the stock of the 1
to-d a hich was i-elling ut !)0 cents when there 1
vus a specific interest of 8 per cent being '
uid upon it, hat advanced to 9ft cents at !
'olmbus, now that the profit of the Rood nre
o be divided among the Stockholders iusteud 1
il interest. '
To show Ihestrenghth of this lint of Road
n position and present nnd proepctive con
ieition,we understand t hat arrangement are 1
low being prelected, by which, iu connecti in 1
rtth the Philadelphia. Wilmington and Hal- "
im ire.ihe Baltimore and Ohio, the Columbus
nd Xenia, the Little Miami, the Newark and
Wuky, the Toledo and Norwalk.the Mich- 1
RW Southern and the North-rn Indians R,j
toads, will enable the traveler at Philad.'l-!
hit, Baltimore, Washington, Wheeling, Co- 0
iinbus, Cincinnati, Sandusky, Toledo and "
'hicago, lo obtain a through ticket to either ' "
f the other point. In this system, the Cen- I
ai tmio nan ioau is a part; although the
onnection between it and the Baltimore Road,
t Wheeling, will be made by Otnnibu travel
ver the National Road.
In addition to thl great convenience to the
trough paenger. we are informed that the
entral and the Columbus and Xenia and Lit
e Miami are to exchange tccominodationa
i Uie way of freighting. Cart lull laden with
eight for Cincinnati leaving thit place will
Uken withsut changs to Cincinnati sud
here ditchtrged; and return freight! will fol- J
ow t similar couise cither in the Cart of the
''ntral or the Little Miami company,
itetides thit convenience and exemption from 1-1
handling, it is the intention of the two Com
panies to put freights to low at to mike this "
he reliable avenue for our southwestern
Thete tre some of the results, jutt brough.
within our grstp, of the public spirit mani
fested in the construction of this great Road
And if such things show themselves in the
twig what will they be when the matured tree
shadows the Itnd with itt branches! Zants. 1
NEW YORK, January 26.
The ateamer Arctic arrived thit afternoon,
at half-past 5 o'clock. She tailed from I
Liverpool on the 12th, and bring 49
The Hermann sailed from Southampton on
the 10th, nt II a. m.
The Africa arrived ot Liverpool on the 9th,
at 9 o'clock at night.
The house orColman &. Stoterfohl. London,
has failed to the amount of 300,000, in
consequence of lorgeriet by Robert T. Pries,
corn dealer.
i The overdue -istralian arrived with
I 000. C00 on board.
The large export of gooda to Australia con
tinues. It it again reported thatCavelos is recalled
from Cuba, and thatGueaedue is apointed In
tendenet, aucceeding the late Villanesova.
Francis Madiai died in prison at Florence.
The Turks have blockaded the Montenegro
The str-amer Magdelena, from Vera Cruz,
J with nearly $2,000,000 arrived at South
j nmlon on the 8th.
j The new steamer Alp arrived alLiverpool
: from Clyde. She will sail lor New York on
' the 2d February.
The failure of Colman & Stolterfohl
I clears up the mystery of the late extraordinary
.'operations in the London and Continental
corn markets.- Two other houses have
suffered from the forgeries of Pries to the
'amount of 27.000. Colman & Stolterfohl
j trnnsnrted an immense commission business
j in Germany and the United Stntea.
The will of the Duke of Wellington it
' registered at 800,000.
j Four Legitimist members of the Legislature
, have resigned.
Prince Wngram has resigned the Senn-
torship in disgust because he was not np
j pointed Grand Huntsman.
; The Minister of Tuscany and tho smaller
German powcrs.Jhave presented credentials to
the Emperor.
Duron Kisseleff isaccredited Russian minis
I ter at pHris.
! A passepger in the American ship Isaac
, Bell, was arretted nt Havre for having n num
j her ol Socialist pamphlet! on his person.
Bishop Ives, of South Curolina, made a pub
lic ebjUratlon of the Proteslunt religion at
( Rome, on the Btth Dec.
I There is nothing of unusual interest from
! Spain.
Count Schwern. elected President of the
Second Chumuer, is a moderate Constitutionalist.
A correspondent of Hie Time! says there" is
n iduubt thut Francis M 'duia posioned him
self. He compUined ot slow poison in his
food. Madame M still remains in prison.
It is thought the difficulty between the J
Turks and Montenegrin will be settled by the j
interventon of Russia and Austria. ,
The Divan refuses lo regulate the affairs I
of the Bank of Constantinople. t
The government has made compensation!!
for (he ufl'uirs of the British steamer
The latest London QatOttO contains the
official announcement of the blockade by the
Turkish tleet of the whole coast of the 1
Adriatic from DubeigOO lo the txtrcmest j
Turkish frontier. ,
The Austrian government has declared i
Kossuth und his friends traitors. I
Sardinia ttlks of increasing her navy. (
Telegraphic dispatches suys that the Monte- 1
negro have voluntarily abundoned the
tho fortress ol Zatsuljak ut the instance of the
Russian Consul nt Kagusha. , '
It is reported that the steamer Africa when ,
going into the Mersey WSJ run into by a ship ,
and received some damage.
Among the passengers of the Arctic is Don 1
Pedro Etcuador, Secretary, of the Mexicuu I
Urcndstuffs. Flour, western canal, 27s td,
Ohio 28s lid; demand moderate. Corn has ,
slightly advanced) yellow 35, white 37. c
Provisions. Lard; sales moderate at last u
quotation!. Provision aro generally iu '
moderate request. il
Freedom kk m OoUQH m Ten Minutes. ,
When thit announoeinunt appeared in our j
idvurtising columns, accompanied by price
iinly twenty five cents per box, we nulurully k
inppoacd it a mere catch penny, but begin o
to regurd it us a sober reulity. As Cough, fi
loursene, die, are somewhat prevalent, f
! cannot perhaps render our readers a little ".
ruvor better than to recommend to those who
nay be sHIuted, lo try "BRY AN'S PUL
MONIC WAFERS," to be had of thsugent.
Joe advertisement. t
They are pleasant to the palate, and their Iu
'irative effect truly wonderful. Ifvw O-- 01
MM I), la. ri
M. Benton anu Calhoun Col. Ben-
on hat written to the National Intelligencer.
lei ending himself from the charge of having
adacked the dying Calhoun." Ilia note is '
tCnsaanniod by a letter from Mr. Yenable, s
tating (hat when Mr. Calhoun appeared in
lie Senate the last time, Mr. Benton was in- i
eused that any one should either provoke du
r join in a discussion with him, on account
f hi tuleebled state. Mr. Benton, alter
tating that he intended to have j lined issue
lith him, remarked "Hut when Hod lays kU Cu
amis upon a man, I lake mine off."
Anniversary of Belmont Co. Bible
Anniversary of Belmont Co. Bible Society.
According to previous arrangement, the fr
Board of Manager of the Society, members Sn
of variout tuxiliariet, and Iriend of the Bi- rai
ble caue, met in the Presbyteriun Church,
in St. CbiroviUOt tl 1 1 o'clock, A. M , Jan. tlo
13,1853. (.'RAwrosu Welch. Esq., Preii- od,
dent of the Society, culled the meeting to oti
order. Rev. Jno. MorrAT, of th Pre!iy-
terisn Church, resd ths 10th ptsltn Rev. -
Hekderso, of the Methoditt Epitcopal
hurrh. offered prayer.
The report of the Depotlttry wss then
elmont County Bible Society, in account '
with R. E. ClkoTMEas, Depotittry :
Dr. i
o ble and Testament mi hand t
Jan. 15, 1859 00 78 t
" " returned from Somer-
tct township 9 00
" " Bill from parent Soci
ety Aug. 21, 1852 136 34
Iddition to retail pricet to pay t
freight tod exchange 13 G4 ,
Cr. )249 76 .
deduction in ftfjee 2 90
Sale on a creBitT 1 60 1
Jonated 1 Testament 7 1
Bibles snd Teatameutt tent
to Smith tp. 26 00 I
Sale! at Depositary 14 89 $45 46 i
- ,
Bibles and Tcttamentt on Int.d $204 30 j
Feb. 19 Cash from J. Koontz.Som-
crset. tp 44
April 13 " " G. Shipruan,
Wayne tp 3d
Dec. 10 " " A. W. Anderson
Pultncy tp "I
W thereof to constitute Thos.
Cunningham a life member of 47 20
Parent Society J
Jan. 1 Cash from J. E. Grove, on his
life sub. fi 00
' 3 " " O. Reynolds, Kirk
wood (p 3 00
I 4 " " W. Dunbar, Wheel
ing tp 4 43
" 12 " " M. E. Church, bal.
s . collection last year 3 75
" Sales Bibles and Tes
taments 14 89
Cr. ,0b $79 06
Sep. 10 Paid freight 7 08
Jan. 12 " Dr. H. Weal
Treusurer 71 98 $79 06
Reports haw been received from Union,
Washington, Mead, Wheeling, Pultney nnd
Kirkwood towfiships. The other townships
have not repotted this year. The books of
the Depositart and the reports from the
above townshps, show upwards of two hun
dred dollars wirth of Bibles and Testaments
in the hands of the Township Depositaries.
Report froit Smith township, received
since the annul meeting, enclosing four
teen dollars, wkicli is to their credit on the
book! of the Pepositiry. Ife7 24 from do
nations, and M 76, on acc't of salue of Bi
bles und Testaments.
The report olthe Treasurer was read:
Belmont County Bible Society, in account
with Henri West Treasurer.
Jan. 12 Cash from Depositarv 72 00
" " Martinsville' Con
gregation on life inem
BhipiRev. J. A lexunder,
per Mr. Grubum, 11 00
From Union tp an follows:
sales of llihlcs and
Tcstuinents 3 18
From M. E. Church ft 0(1
" Presbyterian " 3 97
" Associate Reform
ed Church, Egypt 3 80 ,
" Mr. Taggart'a ch. 8 70 24 05
Cr. . 107 65 '
Cash paid Secretary, bill
printing, postages, ttc. 3 31 '
Pd. Rev. J. Gmham, Ag't
American Bible Soc. 79 69 1
Pd. same from Union tp
B. Society I 24 65 $107 65 1 1
I have examined the accounts und vouch-. 1
rs ol.the Depotitary and Treasurer of the
Belmont County Uiolo Society, and do And,
lie same, a I believe, csirectlv stated lull
heir lenort. J. B. OROVR.
Auditor. 1
mi n ... I
J no -secretary presented hu report us lol- '
lows: 1 1
Iu oresentlngtho annual repotr. of the Bel- I
nont County Blhlu Society,. it is to be re- I
jrettud that we cannot mukc a more en-
ournging statement of the operations of the .
ear. Several of our township auxiliaries
vinain intftSOtlme state of inaction which 1
MM cliuruclerizrd them for some years. Oth- 1
rs show considerable interest in the cause, I
md their OOOwbutions furnish satisfactory
ividence of IHeir zeul. The auxiliury in
Kirkwood towoship ha been re-orguiiized
jniler encouraging circumstances.
The Depositary's report shows the care 1
akeu by the Board of Manager to furnish '
mr auxiliaries Sith the suitable quantity and 1
sriety of Bibli-. Any of our Tosgttbip 1
Societies needing more books should speed
iy prjeure a supply. j c
The experience of this Society from the
lUtsot shows die need of seal on the purt of j
he fntni of tlie cuue of Bible distribution.
I is unreasonable to expect that those who
are little lor the scriptures will feel con- i '
srned about spreuding ihe Bible either '
moug our own population or in foreign 1
uids. Facts thuwing the need of spread-
ng the scripture should bo laid before the c
eople. Experience satisfactorily proves v
lial wheresoever the stale ol the Bible cause a
i made known, to.it friend, nupeuls (o their j ,
beralitv iu iu support are not made iuvuin. B
The Board of MuimgiMs thankfully ac- ' ,
nuwledge the efforts inude in this cause hy 8
ur uuxiliurie. They also rejoice that p
uids are raised in our county which reach u
10 parent Society through purliculur eecles- 11
isticul organizulioiis. It is proper to add 'i
lutsome congregations expect lo raise con- s
ibutloni .11 a few weeks. 0I
While the ititerests of the Society have
nt bet-11 noglrctcd during the past yeur, t
icre is certainly rooiu to regret that more
is not been done lor the promotion of a
iuso so deserving of the support of all vho '
gard the Bible a an important instrument '"
r securing the tempural and spiritual
ell-being of man. Muy we not hope lor ol
'iter thing for ourmejtt report! w
The preceding reportt were received and it
'proved. w
Messrs. Houoio HiNrirv. Sr., Rnr ,r
tifKY tnd S. Cress nor were appointed
committee to nuininute officer ol the So
ly for the ensuing year. The recmnnien- !r
lion of the committee waa adopted ua fol
vt, vis; " 1 ' '
President ,"AVroRt WctCH, Eq. N
V. Pmidmtl Ail the Clerut of the m
only. p
7'. rasmrei Dr. IIenrv West. va
Itepoulary R. K CaRoTHERI. g
Audita Jacos E. Gsove. (,
S'C.rtttiry Alexander Yovao. '.l
In the udseuceof Rev. William Grimes, :
m whom an addreai waa expected, tho "H
ciety called upon the Secretary for aome
nurkt. IV
Vfter trcolution directing the publica- efl
n of the proceeding, the Society adjourn- t'e
closing with prayer by Rev. R. E. Car- Ue
BARNESVILLE, Jan. 25, 1853.
MR. Howarh 1 ho accompanying Com- '
loehion was read at the examination of Mr. '
rHoMFson's School, at this place, a few even- 1
hgs since, by one of his pupil, a girl of fif- I
een year. Some passage In it struck me 1
11 being very beautiful, and I aoliciteda copy 1
Who does not love Music! None, save he I '
hat has no heart. Mntic hat n wondrous, I j
nysterious, and 1 almost said, divine pow er. 1
Pi! aid that Mozart, the great German com-! j
loser, was the most careless and childish of
nen, until seated ut his piano, when he seem- ,
;d to become Inspired. Tis not to be denied, 1
'or a man who throws his whole soul into it, (
oses himself in 1 delightful dresm. He it i
aised into a higher and holier atate of exist-1 ,
?nce, where lie forgets the base and grovel
ng things of this earth. Who can listen to ,
the long-drawn, thrilling tones of the viol,
the soft notes of the flute, or the light, airy
music of the guitar, transporting our thoughts
to the groves of Italy, the evening lattices of
Madrid, or the moonlit waters of Venice, and
Ity that music hns no charms The fancy of ;
the ancients, in reference to the origin of;
music, is of the finest and most poetical kind. I
They aver, that from the motion of the heav
enly orbs, there issued the soft floating of an
etherial melody, which the grosser ear of man
haarl not, but, which was audible to the ho- !
lier spirits, and (hat thus, (literally speaking,)
the morning slurs sing together.
We hove often been shaken with laughter,
ut hearing some ludicrous ditty, and ugain,
have been brought ulmost to devotion, while
liatening to some hymn of more than ordina
ry sweetness. We have often been transport
ed by the voice of some beloved one singing
to us alone, and often by the mingling notes
of a band of performers. TheFO pleasures we
felt with emotion. They touched nil in our
natures that was spiritual and immortal
Surh pleasures we know lo be pure, and holy.
How music cheer (lie blind, whose ears
are the more open, in proportion ns their eyes
are shut to the beauties of the external
world. Milton, the poet, lost his sight, in the
service of his country, and afterwards lie
would often refresh his soul w ith music. And
oh! how ofi.cn those sight I ess balls that so
often rolled in vain to find the duy, seemed lo
dilate and kindle, us the lyre poured forth its
strains of inspiring melody.
What nn effect music has upon patriotic
emotion. See the weary nnd panting soldiers;
they seem ready to sink under their load of
exhaustion. Hut see ogain how they are up
lifted j how they rush on to battle with re
doubled energy, at ihe welcome sound of mu
aic. But music hath nobler triumphs tliun those
achieved in the field of battle. The infant
falls into gentle Slumbers, While listening to
the soft lullaby of some watchful mother, or
nurse. The proud and haughty spirit of the
boy is subdued by the spirit-stiirring e'mrrn
of song. The wayward youth, who has al
most sold bis soul to sin and Satan, is often
roused from his profligacy, and been made to
shed bitter tears of penitence, at the recur
ring notes of some simple melody that he has
heard and sung so oft in childhood. The
item heart of man is lifted up in awe, while
listening to or joining in the glorious nnthemg
is sung In (he sanctuaries of the Most High.
Tis said that the Marseilles Hymn will ,
onse (he people of Franco (o madness; ond ,
he British soldier dies in triumph if he can
inly bear the music of his native lund.
The receptacle of the insune is another ,
nark of (he noble triumph! of music. The ,
)oor maniac lady la she leans over her piano; ,
is she passes her lingers over (he ivory keys
hat she has so often touched in happier and ,
ivgone days, the tide of recollection rushes ,
jpon her; her eyes roll less wildly; gentle ,
:enrs begin to flow; and smiles that have so
ong been absent, are seen to play around that ,
nouth, where hut for the power of music they 1
would have been seen no more. The pilgrims
il old were wont to cheer their lonely way (
y singing.
Then let the fathers and mothers of faml
lea pay more attention to the cultivation of
his indispensable art To music shall the ,
resent world dissolve, for rtTbe Trumpet t
bull sound."
For the Chronicle.
On the 4th of March, 1852, the Legislature, i
11 pursuance of 11 provision in the new con-
titution, provided for the appointment of 1
hree Commiaionen, to report u Code of
'ructice for I lie? Courts of Record of this t
:tate. Soon alter this, Gov. Wood, with the t
oiiseiit of the Senate, appointed William !
wei 11, W. S. Oroesbsch, and Daniel O. '
iorton for thst purpose. Jen. 16, 1 838, they '!
eport to the Legislature a book of 2ii0 pages I
iiirporting to be a "Code of Civil Procedure j a
f the Slate of Ohio," leaving the Criminal d
nd Probate Code for further report. It
We have read this hook, wild its radical !
bangoi and argument! in support thereof, (a
,'ith seme cure. We have long advocated I
nd been in favor of legal reform, believing i'
at the administration of justice demanded (l
total abolition ol the present forms of Judi- e
ial proceeding; nnd we rejoice (hat an iui- t
OrtaAt step, (perhaps a successful one) has 'i
een taken in that direction. It is, however, j W
mutter of Ihe first importance in the curry- j fl
ig out of all reforms, to avoid if wo may so t
leak, the extreme of hunkcrism upon (he si
It hand, und the excess of radicalism upon! '
ic other. A well directed conservatism i II
10 life-blood ot ull reforms. Il is the oppo- C
to powers in nature that keep the Universe si
is one stupendous whole," und preserve it di
God like harmony. tu
We know thut it is much easier to raise ' '
ijsctionS than to answer them, and to say ' 01
hal we do not like than whut we do. Thut hi
contains crry many salutary reforms is con-' th
ded thut there ii ubundam e of room for bj
ryntanyi all will admit. The "Code" is w
w public properly, and the reform which it
opose deeply voncerns u'. the people in r
ale. ad
Thee three able lawyers, with Ihe aid of a bn
ry expert Clerk, have been some ten r
iiiths in preparing this "Code," the largest th
rt of w hich is substuutiullv copied from the be
rious reforms adopted in New York, Mis- ut
uri, Kentucky, and Englnnd. And the be
imuiissioners inform us that "they have re- jot
zed tint itt right peifurmanco require or
ire time and reseurch than they have been cu
le lo in -.low since they were appointed." wi
1 adopt thut form of proceeding w hich will up
ect Ihe cheapest, speediest, and most per- eti
It udmliiiotr.it ion of Justice, is tbe'end to QM
aimed at. Without further comment we an1
11 proceed 10 state aome little in detail, our r
eclion to ibis "Code of Civil Proceedure," ft!
the order in which they occur in the book, cu
1. On p. 87, etc. 84, it Ii provlded'ihn in 1
rder lo avoid the effect of the plea of the 1
ilatute of llmitttion upon n contnet, I
;he "acknowledgment of in existing lit- 1
llllty or a promise to piy mutt be In writ- i
ng, signed by the pirty to be charged thers .
y." The plea of limitation will never be 1
Ut up by an honest mm to avoid the pay- 1
nent of a claim or debt jimly due. A man 1
vho is willing lo put up hie promise in writ- i
ng, so as to avoid the operation of the stat- i
ite, would never hesitate to give a new obli- 1
;ation while he who did not intend to pay 1
ns debt, if he could avoid il. hy a plea of lim- 1
tation, would always refuse to put his prom-
se or acknowledgment in writing, If A. .
jwes B. one hundred dollars, and the claim is i
lot barred by tho statute you will permit B. 1
:o prove by a witness that A. said he owed
;he debt and would pay it. Why should the
rule be different if the claim is barred by the
tatute,for in neither case is the dvbt paid.
If a man has promised to pny n debt within
ihe period limited by the statute, or after it
is barred, why not be allowed to prove that,
like any other fnct! It is said the temptation
to perjury is too great: certainly not so great
as in allowing a pany to testily in his own,
r.ase, for which tho Code provides. Our law
doei not now require the acknowledgment or 1
promise to be in writing, and we can see no
satisfactory reason for the change. I
2. It provides on p. 115, sec. 5 and 7, that
after the evidence is closed in the case, and'
before argument by counsel, that the Court,
If required, shall instruct the jury upon the
queslions of law arising in the case. It oft
en happens that Lawyers are called upon to
assist or try n cause without time for prepar
ation; especially is it so in our lower courts,
but during the investigation of the case, and
while hearing the arguments upon the other
side, he has time to make up his mind what
legal position it is safe to assert for his client.
The Court, who ere but Lawyers, often need
the time which ia given them in the argu
ments of the cause to make up their minds as
to the law they wish to give in charge to the
Jury. Of all sciences the law is the most
comprehensive, tiie most technical, and re-1
quires often the closest discrimination in its I
application to the facts in n given case. The j
Court now after hearing the arguments and
the application of the luw to the facts, bv the !
counsel on either side, can without much dif-'
fie.ully give a right instruction to the jury.
Willi this we nt least arc satisfied.
3. On p. 116, sec. 270. If Ihe jury disa
gree as to any purt of the testimony given in
the cuse, the Court is pel milled to state to
them "their recollection as to (he testimony
on the point in dispute," &c. We object to
thij provision, because the jury nre made, and
wisely too, the exclusive judges of the fads,
and if twelve men cannot, after hearing the
testimony from the witnesses at the stand,
reeoUeet it, it is a misfortune which ought
not to be provided against by allowing the!
t lourt to state their recollection of it. It is a :
power which no Court should bo permitted to!
exercise. Let the practice remain as it is; I
no evil hat resulted from it, or is likely to. 1
The preservation of Ihe liberty of the people,
and the pure administration of justice depend;
upon keeping the exercise of each department
of the government within ils legitimate sphere.
We should be jealous of the smallest en
r.roaehmeiit of the duties which nre assigned
lo the jury being exercised by the Court, and ,
l ice versa.
4. It is provided, p. 164, sec. 309, "that
tOtidtt for libel, slander, malicious prosecu
tion, assault, or assuult nnd battery, for a
nuisance, or ngainst n Justice of the Peace
lor misconduct in office, shall abate by the
Jeath of the defend int." It is nn old maxim
if the law. that for every wrong there is a ,
emedy. If it is right to allow a suit to be
brought to recover damages for any one of tiie ,
iboVO causes of action, it is clearly right to
iHow the suit lo be prosecuted to final judg
nent. If A. owes B. one dollar, and dies
lefore payment, the law makes his eslute re
ipomible for the debt, und gives a right of
iction to collect i'. But if A. falls upon B..
jeats him, breaks his arm, or injures him bo
lily in any way, no matter how aggravated,
iy w hich he is put to great, expense, and per
iaps injured for life, and A. dies any time
lefore the ease is tried or the damages re
covered, no mutter though suit be commenc
)d, B's remedy is gone, buried in the grave
vilhA. Is this just! The law protects my
lerson from injury, yet hy this Code my right 1
if action and compensation for the injury, is '
nade to depend upon the uncertain tenure by '
vhieh the defendant holds his life. Who I
vould not rather lose a hundred dollars than '
uive his eye put out, or some other j;rcat ho- '
lily harm done him! Yet in the former ease '
he estnte of the man is liable, dead or nlive, '
irhile in the la'.ter his death discharges his '
state from nil liability. A. slnnders B. and '
I. sues him for the injury to his reputation; 1
is suit is pending; he hns incurred a large a- 4
OUntOfcoatl in its preparation for triul,
nd before the case is tried, the defendant 1
ies, nnd the pluintifl' goes out of court with c
he costs to pay, without redresB. This is 1
ailed Judicial reform, administering Justice
ccording to the "new Code." It is said this 0
as always the case at common law, which !
1 more than a thousand years old. It is right
lerefore to commit sin because of its long 8
MitinuaneS in the world! It is the old ens- ''
mis and jargon of the past thut we are try-
ig to rid ourselves of but in any age of the 8
'orld redress1 should have been allowed l'
ir personal injuries, which are greatly more
Igravated than mere pecuniary loss. Be
des all this, the "Code," in this provision of (
, is in conflict with at least the spirit of the T
IU) section of the Bill of Rights of the New IV
onstitution, which provides. "All Courts bi
mil be open and any person, tor an injury tl
ine him in his lauds, goods, person, or tepu- u,
tion, shall have remedy by due course of ti
w; und justice administered without' denial fl
ddliy." Without an amendment of the a- In
ive clause of tho Constitution, "providing
e defendant dont die he shall have remedy .,,
due course of law," die. the "New Code" at
nl. in this respect, have to stand aside. ur
6. On p 62, sec 106, it providea thut "ev- su
Impleading of foot thall be verified by the f
iidavit of the parly, his gent, or attorney he
t that such verification shall not mike oth- sti
or greater proof necessary on the side of cu
e adverse party." If the affidavit is not to Ju
proof of the fact sworn to, where is ihe Di
ility of requiring it? lor it will certainly Ju
a very great inconvenience n a large ma- sj
ityofcasea. A. hi a note for collection de
a claim he want suit (nought upon. He by
a now enclose il to his attorney per mail, up
thoul the trouble and expense of coming gtn
and swearing to the pleading, If your jnj
rnt is h non-resident, and it become 11 e- pr(
isary lo put in 1 replication to the defend- no
t's inSWttr, by the timo you lend off your ntv
ilication, or rather send a ropy of the de- lea
danl'i answer, to your client, to that he ,
1 write you back whit kind of a replication he
sc. id him (o twenr to; rule day will in mi
iy cases bn out, and you nre forced, wi(h ill
he diligence you may use, to ask i conllnu
incent your cost. If all tho people who sue
11 our court lived in the county whero thr
uit is brought, and were always at home roi
ly to come up to Ihcieit of justice" toawcir
.0 their pleadings, there would not be 10
nurh objection to this provision. How often
Iocs it happen itt the hurry in which suits ire
ten brought, that seme importanticf haa
?scnped the client's recollection, which he
bulks of on his return home relied
noro upon the case, but it is (00 late; hit
etilion is sworn to, nnd his case half stated
(ocb on to be heard. We think it would
save time nnd expense in the administration
jf justice to strike this section from the Code.
As to policy of permitting a party to be a
witness in his own case, as provided in iec.
110, p. 128, i a question upon which much
might be said on both side. Go not in the
way of temptation, is a divine maxim. And
we are informed that "man is as prone to evil
as the sparks to fly upward." The love of
self and success in any undertaking are pow
erful passions in controling the human will,
are ample field for the gratification of those
desires made in allowing a man to be a wit
ness in his own favor. But there are many
necessary and important transactions in life,
that if the party is not allowed to reveal them
himself.justice is denied for the want of proof.
It must on the other hand be conceded, that
when u party has sworn nnd made a case out
in his own favor, that if the judgment of tho
Court or the verdict of the jury is adverse to
his oath, that it is well calculated to affect
his reputation for integrity, although he may
h ive Bworn nothing but the truth in the case.
I fear that position in society, and unscrupu
lous men will have the advantage.
Without giving any definite opinion, wa
can only sny that we hope experience mag
dissipate all our fears, and demonstrate the
wisdom of the provision. We have spoken
with candor und with due respect to the able
Commissioners who have reported this Code.
Our objections may be chaff which their
strong breath can easily blow away.
We were one of those who believed that
the new Constitution was adopted without a
fnir expression of public sentiment. No pub
lic injury or the administration of private jus
tice will suffer by a litllodelay. If the Com
missioners, ns they say, have not in the course
of ten months had time to do justice to the
subject, surely the Legislature should pause
and ue!l consider every word il contains.
BELMONT Co. Jan. 25th. 1853.
Mr Howard Sir: The nature of Dr.
Estep's "communication," in your paper of
list week, renders some notice of it, on my
part, unvoidable. If he had distinctly declined
to accept my proposition, nnd then frankly
and manfully refused to accede to my terms
in accepting Afs,(ter mi the perfect fairness
of which no impartial man can deny,) I
should have claimed no farther indulgence.
Leaving "community" to "judge" the "whole
mitter, I should, at least, have admired his
tardy discretion. But afler declining my
challenge," giving as a reason that he would
not "spend time for naught," he in turn made
a proposition, fixing the premium, stating
the test, and declaring his reudiness for the
trial, "provided we can come to terms," His
proposition I accepted on the broadest and
fullest of all "termt." I agreed to any
premium lie might wish, and to "ANY tost"
that '-any impartial committee of judges"
might require. What mire could any
honorable man ask! We shall see in due
time. But in his last letter the Dr., while
backing out" from At's own proposition,
which I had accepted on the fairest possible
terms," uttempts to stigmatixe Mr. Dawson,
ind then, w ith un effrontery which is often
the best resort the forlorn hope of a de
sperate cause endeavors to throw on me the
charge of changing "position," and then to
force the matter to a close" of his own
lictation from first to last, and underjudges of
fiis own choosing. Of such a course I will
not write down any word that would be
Jescriptive. In the Doctor's own languaga
"Of this community may judge
"I thank thee, , for teaching me that
But it is not only as to the main question
it issue that the Doctor hnschnnged his"po
lition." A strange revolution has happened
iinong his ideas as to what constitutes
jroprlety. He it -.eized with a sudden pnr
ixysm of speechless dignity. He says, "I
.hull reply to but few of his remarks! His
riticisms and personal insinuations I shall
iasi with silent contempt." To the first
iromise of not replying to what I said he
visely adheres. So much so, that it is quite
liscovernble even without the aid of his pre
loui delaration. But for the author of the
oydsville letter of "Dec. lllh" suddenly
o uffect the dignified to get up "silent
ontempt" for anything for which lie hud any
titer answer, is certainly an idea infinitely,
rilliantly, ridiculous. Then, my little note
f some dozen lines called down volleyt,
nrrents, of scurrility nnd supposed sarcasm.
Jot even content with this, not satisfied to
peak as we plain farmers could eusily un
erslund, ho threatened me, in technical
irgon, with the terrors of anatomy, as nursea
imetimes frighten children by threatening
tut "the Doctor shall bleed" them.
. "bloody dissector, worse than Mon
roes; rAeyhack to teach, he mangles loexpose,")
he Doctor ciuelly bung up before my ?sf
ighted eyes all the dread implements' of
irgical torture. Ah! as he aays of some
ling else, "this was, to say the least, verg
dind." Il wus positively cruel. Naturally
Died as to surgical operations my terrified
ncy saw fearful visions by day, Sl in my
oken "sleep what dreums did come," of
of a savuge-look ng set of knives
id saws displayed to the awestruck people
our Co. Fair, ai s pirt of Dr. Estep'i
mory of torture. Isititrange that 1 wai
iijew hat nervous! This was at lint. But
ter witnesaing one operation, as 1 have
ard it said, it i often the case with
jdents, I grew more bold, and a "morbid"
riosily seized me to witness another,
dge of my disappointment in reading the
ictor's last letter to find that he hnd aban
ned his profession. That hit scalpel "in
rlorious ease," and that hi brilliant class
in lustrations are 110 more to be listened to
admiring hearer. I am tho more dii
minted, it I have been induslriouily
dying the " Domett ie Medicine," of even
ts, in order (hat I might be able to coin
ihend what he thould tay. llut he hu
utterly abandoned hit former professional
le tint I almoat hctitate to call him'doctor.n
slit should revive unpleuimt asiociitiont.
ic is still in practice I shall concluds that
consider the last patient I tent not to be

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