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Daily Ohio statesman. (Columbus, Ohio) 1855-1870, March 08, 1861, Image 2

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JIca.-Jcscp.lxJL. Swan,
flmtlixd In imntv-nlne yolomoa of the Ohio d4 Ohio
State, Beporta.)
In Tiro Royal 8vo. Volumes. Price $10 00.
No em 01 eapensehae boa rpered to nki the work
perfect and nliablolaall respects. '
It hu now Uio Legislative miction, bavins been ap
proved by nearly Uw unanimous vote of both Honied
r SntwM ettferu to ht ilUtrtMil e Oufcllowinr
A . r, . ii; . . i .;j m-w , a K, 4 . ill
Uovornor." Attorn Ooneral. Supremo Jo'jKf. BC'I
tnry, Ooaoptrollor, Trewurw and Auditor
la tho Prooate Coorte, Courts of Common Pie-, fpev
tot ui Police Court Auditor!, d tb Clerki of Ike
various Court in . county !
gamta Mid Boom of Jtoorowmulim of ihle Btate, aad
" r .v.. gnu, of tho Union .
aow ia foreo, nod Um authoritative construction of tnom
aad of tho Mow BoMiuanoa, -r
ly awful la the poifonoance of their duties, to all
1T, t ,aOWN8HtPTt8TKI,VT ( J ff
Tnumwh as vsry man chances have boon made In tho
tatulat atoco the publication of the lait edition!, by re
L .ltanatlono and additions, aad aun important d
cWont kkTO boen (iron by tho Supreme Court on con-
troTortad points, all
T ft "5 ' PASHM. MBSCHAWT8-1 - - f H'V
Will And tile an invaluable Work.
Too Soyal 80. Tolvi of owr Jiimttm Bumdrti
In Strong Law Binding. "Prlct 110.00
. iPublrferl BoilM; Uojierna Wrti
Kj 83 Weal Tomth atroet. !
ffbl8:d2:!i v Cincinnati, 0
XAXTmiT MUXES, rnolUlert.
t '1 Ji 1 '!..
in r
Mwf Aodt 2B YB O'CLOCK
on O dot ofpuMoatlon.
Organization of Three New Territories.
:r.T iti i.". i .' :t if -
Among tho acta passed Dear the close of the
lut aeisioa of Coogresij; aad approved -bj
FtMldent Bochinaw, ii one for the organization
rthretW Territori'ei, nnder lheipbiiOM
Indian namei of Colorado, Nevada and Dako
tah. There Mb no axpraea provision for the
proteetioaor'prohibUlofi'of 'alafery within these
Territories, in the act establishing them, they
f b.e Hf arded; jdniinrjoa the Popqlar
Sovereignty principle. J
The n?Trt?rI f .c!Off0mbrf fh
famous Pike's Peak 'mining "region, and Id
clades parts ol Kansas, Nebraska and Eastern
Cask. Uhirepfboa.E. hundred
thotuand sqsire miles, and contains about
twenty-five Ihoasand'inhabitants. (
Nevada is taken from Western Uub and
Cfcllfbranu It incrndee the weiler mining
Washoe region, n4 the do leas famous Carton
J Dakotali' wblch I lAei froaVhat wa4 foe
merly the Territory of Minnesota, lies immedi
lely sooth fit J3fWh A merles, west , of Min
nesota and Iowa, and north and east of'Nebraj-
a' ka.J1t has an srea of.everity thoowod ffljoare
It la A remirkibla fact, and one (hat anoald
not be" ''forgotten' by the' American people, that
theeonsideralto'riof the4' bill 'whioh finally be-
citte a law, and by which ihese three tcrrito-1
tia g overnmants were orgaoiisd , iieiwsr ue
L.Iaepr. Mible eotftict". genUemsni who were
r pledsed exclude Slavery from all territory,
oor the advocatei of that ineiorable logic by
-which we were to elineh Slavery la all the pab
S Mo domain and there keep it, against the wishes
rpI.lBhabiUag the territories, united
Ja jissiog a new territorial bill, which they bad
the power to defeat. These "'irrepresilbles'f for
I (ihf onibItIon;ina,,'&exofahto tog1eaen for
the protectionof Slavery i all our common
territories,' combined In the late contest to put
iowt the doetriae of Popular Sovereignty, and
overthrow the 'regular nominations and plat-
f fern o Um Demooraoy.,bscatts of their haUed
.waa. Advocated bj the mass of tbe ;pemocratie
.Bf defeating' fie Democracy tl
tbey put
JUUalci ilo iJaDgerjIM j .Uilt.f oreeia hu
-iMjeiwfittd tltlr,efforte,l,Andone of the, sectional
wings, the ullfA northern one, Is in possesBion
, ft the spoil and plunder, they nnlie in paseiog
a Uw through dong'resij organizing tne terri
tories reed,bMedoBpon.prlnciplj of
'nrohlbltloa.'' or its opposite, ,,potecUon,, but
1!x-ptia teas' ef Popular -overeigaty ifhe? hate?!
. ..doctriBewnicB' tor each of the extremes was
mora to be dreaded ftwr the dlnsolution off the
Uhfbn. And strange 'to tell,' that' "Old Pobllo
f onotlonary who forgot that be had any other
dutieHorm W Presldeot, beyeaid ine pro-
eerrptlon .of Popular - Sovereigaty men, signed
the bill otgWlxlng the territotiei -referred tot
, " n-,kgst irr . -rr n.i
JT7 "TaodtMeoof CraiMrMy kM boen brought to
lAtlwaJ, and -will ' ClwomnaAj 0m-Ut. ,
.Th,;wfsl' i father to the thtnight,' Mr.
,,n,"fi9MUt And you nay aa well spsre yourself the
- TmortlficAQoa that will bo lore afterward to re
ult from laying ''such a flattering unctloA to
your soal." ' It Is by no means tbe first time In
"'the htstory of the wotlJ that the ' enerhies of
Democrmey those who would deprive the people
'of the right of ""reguUtln'g their domestic Insti-
.tatiooA ' la their ou waj" have feliciUted
'A. ..a .... .
taeaaeives itatna Unnght.ULat."the. diaease
9t.PfiexS'it'adi fid PfsW to a head nd ;
eradicated; but4hey Afterward discovered that
. they were egresiously .mlstakee. ,So will it be
If 4 j their successors inrtipaipls.of Us :praa4
day and gejierstlonthey will find to their sor-
m .aor, but the people's good, that Democracy can
Organization of Three New Territories. Speech of Mr. Stiers.
.s r :
YJ jHr. eTiimsyrjf Uocklrrg county, iweneof thee
mmbrs ol tIiellouge who Is not in the' babtt
w of joenpyteg he tlcnej.of thtbody jn speech
n t ; flaking. Ileiseontent to be engaged la fojkjng
,ratbee thin In hiUitngvB however, the bill
was up to prevent the aldins; or assisting tltees-
ciipe qn;imys siAves.te ret; constrainedto pare
.tivpU lu iai iw, j)d, bis speech on that
"r"Toca8!3aar;?csrfj rjewhere," tlie;ilAaa
t Mal $y flecta" ,'eredif on
it author, and will be read by hi many friends
with pleasure.
Organization of Three New Territories. Speech of Mr. Stiers. OHIO LEGISLATURE.
THURSDAY, March 7, 1861.
The lollowinir communication was leceivcS
from the Aoditor of StaU thU morning;.
Columbus, March 6, 1861.
Hon. R. C Kirk, PrtndetU oflht Stnate:
l lo Answer to ihfi reeolatioA of the SenAte,
aiionted theSlh last . reqaesting the Auditor of
State to furnish the Senate with the estimate
made for the erection of the present Ohio Penl
untlam also, a detailed sUUmenl of the ap-
nennriatlnna mad caoh vear lor the erection
and completion of the same, together with the
amount expended on ine euiargmeut ui um
same up ta January 1, 1 beg leave to
i nit ;. e.F.-, uroar j.-?.. . , .. . -,i
that the first section of the act 'To provide
for the erection of A new Penitentiary, and es
tablishing and regulating prison dlnoipiine lor
the eame,", passed rebrnary 8, 183a, (Utiio
Laws, vol. 3D, pagejw; enaciea "insi anew
Penitentiary of sufficient capacity to receive, se
cure and employ five hundred convicts, to be con
fined in separate cells at night, should be erect
ed at Or near Frank II num or Colnmbusr for tbe
confinement and employment of persons sen
tenced to imprisonment and nard taoor in tne
Penitentiary or said state; previa ea ioa. smu
Penitentiary . iccludine the eronnd to be pur
chased, should be constructed 6a such a ' scale
that in the estimation of the Directors it could
be iujly completed fur a sum not exceeding six
ty thousand dollars, exclusive of the labor of tbe
conviots; provided, also, that said Directors
should lay a full and complete plan oi sata
buildings, and estimate in detail of the oast of
erecting said buildings, before tbe General As
sembly in the first week of their next session."
- Is compliance with the terms of the last re
cited proviso, tbe directors, under date ot De
cember 6, 1832eperted(Hose Journal, 1832 3,
page 43) and said) 'The superintendent has
prepared, with great care, an estimate in detail
ot tne oost or erecting .ana completing a peni
tentiary, upon the plan proposed, whicn estimate
Is herewith submitted. - By tbie estimate it will
be seen that the whole cost of erecting tnepris
on, for the confinement and employment, At a
future period, of seven- hundred convicts, bnt
fitted for the present for five hundred only, in
cluding the estimated labor of tbe convicts,
will be sixty-four thousand four hundred and
forty-one dollars and fifty-two eeuts; and exclu
sive of the labor of the oooviote, will be sixty
eight thousand four hundred and twenty-one
dollars and forty twd cents. To finish there
malnlne two hundred cells, and to extend the
workshops in proportion, will coat, lneluding the
tabor of the convicts,- thirteen thousand nine
hundred and eighty six . dollars sod ninety-nine
oeute;and excluding weir laoor, ten laousana
three hundred and twenty-three, dollars and
nineteen cents; so that the cost of tbe whole,
for seven hundred convicts, will be, including
their labor, seventy-eight thousand four hun
dred and twenty-eight dollars and fifty-one
eents' n. i i . -.1 :. -..
Appended to the report Is a detailed state
ment of tbe Items to be expended In the erection
of too priioOrAhowing. the cost of a prison lor
UU conviots to be, x 'i ' 'if-.
In cAtk..... .j:?.'.';...; ........ ....
IneonvlctUor....i!,..-. -MM 10
.rrTotaJ convictf , ..V. S3
K AdditiOB of eelle for 200 conviots, . .
In eaah..l".,...r.'..,. 9W,m IB
Ucanvict, tbc,.,.,.'....y....... . 8,983 N
U,06$ 98
,,L ToUlotllaiAtadcottor prUoniforTOSooo-' '
. . tlcl.. 178,428 51
Inclodicg 113,083 9V of convict labor. .
' The appropriations made expressly and exclu
slvety for tbe purchase of ground and erection
or .tne penitentiary, are tne following:
By art of trtroarrS, T8M, (vol, 30, paye 88)....t20,000
. , . S4, 1833, ( HI, 8S8).,.. ao.ooo
ii 'March , 1X34, ( 3a, " )-.. 80.00
ii..tO . S, lt-35.il 33, " 43i)....; 10.000
.- kl , ,14, . 34, v" ,SJ..., . 15,01)0
.r. r-rf s i .it-- i,t "fi ( ,!. m
. There were other appropriations after 1836
for building purposes, but they were Included in
the Apprcfrlatiocis for curreat expenses, and
eaoootbe disiingubhed or separated from the
latter: nor do the acoount books in this office
show what portions or sucn appropriations were
expended Tor bonding purposes. ,
Cka BlraalM of tba Panitantiary aad the Fnporintoo
dost of thoaonttraeluia of tbo baUdioy. In their re porn
to tbo Sonaral AawaAbJy (Ex- Doo. 1S37-8. Mo. 8, aagea
4 aad S.) 01010 tho Aoi oool at land and building, oxclu-
nvo of eoavtet labor, ay to Doc. 1. 1637. at. . t)a3,370 50
invaded la IBJO uo. iMa. iBJO-v. aa u.
i payaO) 50 03
Bxpoaded in 1638 (Ix. Po. 1839-40. Ms. 37,
- 7paa3r). 1,1119 01
Expended la 1640 (fa. . 1840-41, Ho. 33, ;
. i pas 7. ....... , .3,373 75
BxMBdod In 1BU (la. Boo,,HS41- Bo.SB,
. net II) 3.907 55
Sntnlti 1848 Sa. Soa. 143-43. Ho. 37. .
Total coat, one IamIt of coavUtlAbor.., 1111,631 36
The documents above referred to state the
number of days ' labor of convicts employed on
tbe building as follows: a i . ,-r d: ' '
CoUCeoemUrA.1837, No. of drl...... .11 3.46?
fiarkii the yaar 1&, , " 8.550
mi, - Mm i,wo
aa ,-r.i:.ft f ---n ".-.V V ' 4'
f olal Bumbor of dAH...v......-"-.--..".f--138JC
v..I V-
Tho Diractoraralned thla labor at thlrty-atvoa
- aadanalfonuporaay,aBusjiungio....A si.vrt uu
Addcontlncaih 111,01 C
8163,585 3D
An9epffided ft flical yaar 185t..33,8ll 84
! V 1
" to Jan. 1. 1861.. 10,433 01
77,887 84
241,478 jfO
Showlne the total cost of the Ohio Peniten
tiary to January l,J861,.or In It present condi
tion, to ihavs beea two hundred andforty-one
thoosatrd four hundred and seventy-two dollars
and twenty ients.'
lUepectf utly submitted ,
R. W, TAYLOR, Auditor.
Mr, PER2.ILL" said prison labor on the en
largement, Ameuatingto 10,543 22, la not in
eladed in the foregoing. - ,
' The report of the Attorney General on the
claim of SariTett & Smith was referred to the
committee on Claim.- '-'-
Mr". fCOI, from tho ommitte of .Confer
ence on the LoDgview Asylom bill, presented
tbe report of the committee, recommending
that the House recede from certain amend
ment, and that other be adopted, j Agreed to.
The amendment require moneys collected for
tbe Asylum to be remitted to the,Stat Treasu
rer, aad thea b transferred to Hamilton ooun-
fy,i it I :i i I
Th Amendoaent f M. BREWER to the
railroad bill, to strike out the word"franchises"
ia line 7 of the amended bill, and lasertthe
word thing," wa. pending when the Senate
took a yeees tbt mornings- 'oj .
Tbe effect of the amendment, as claimed by
Mr. Brewer, 1 that It will give uoh new cor
porations the power to acquire other franchi
ses. n.- i.i-u. a n i jr,t
r Ml. TERGDSON : thoagbt Mr. Brewer
apprehsndad ,tbe condition of the eetianeA.
Aeeerdia to the exisUa tal Iroad law. other
franchise aisy b aeomred.aad by a subsequent
sectloa pf this aet such frenehits are additional
security. If we reconstruct these railroads, we
eught to.'" provide that, (f they should be sold
her eafter, tbe franchise and property sbeuld all
pass together -'" t . it ,
.Mr. understood the effect or e
amendment to be that partie may hereafter buy
out reoonBtrorted wmpantes, andtaketbe fran
cruses wim in property or the roads.' ill did
not think such power should be grahted. This
bill eomsa to tba . Legislature, a bills to grant
lands to railroads com before Congress, i All
tbe interest are un!ted,"and bring their com
bined Influence to bear apbn it. r He thought
the principle of th bill was wrong, because It
give the awjority of partie In Interest power to i
dispose of the roads theypleane to the preju
dice of jonnoritle. " We are atkefl to Iprovid
CrtheaU of that thing franchise the right
to be a eorpomti on which tbe purchaser can
never own unless we pan such a bin a this, .
a It Is Idle to talk of parties holding under tne
floating debt baring- anything -to do with the
sal. . They may be broDgb.1 in-nominally, bat
aot really. They are subject to. a majority of
bond-holder and stockholder.-' Tbe stock
holders and bond bolder bare got up these en-
torprisee. They have employed laborers, but
tbe produce or tne road Das gone to tne bond
holders, while the floating creditors have lost
their labor.' 1 J here aye hundreds or people oi
this uless.who would be cut off b thl.i bill, and
unless we provide sgalnst this by law tbey must
continue to suffer. Tbe friends of this meas
ure ought to Introduce a provision into It to
secure this description of debts. The Stataof
VPUk ugm BQt to granp yo priviiegea asaca in
thiRbllluaIesstblala ie secured. M
The amendment of Mr. BREWER prevail-
'MrSCHLEICII said the amendment dea
troyt the Wlli ' ' '-" '.'" ':---1
'- Mr. PARISH took the same view of the que
tlon taken by Ms. Jones, and a'lvocated tbe pro
tection efflontine creditors.. ,! , ' ! t-j t t
Mr; MONROE moved to amend tbe bill by
Striking ' out 'majority,' and Insert 'wo
thlrds"'or tbe parties in Interest; Tha effect
would h to require the consent of two-thirds
of the 'partie in Interest to A 'eapltollaation
scheme-' " " J'.a v .uku ,.1'uoo,-,
, Mr. SCHLEICH 'ooutended that those who
were originally engaged in the construction of
the roads, Of who furnished supplies, eannotbe
preferred without destroying the bill. They
oarae in under the general eoheme on the same
looting with other credit, tie nad no ODjeo
tions to -securing those- Who have suffered by
eontribulihg to therepaitebf the road. "j 1
Mr. MONROE expected to vote forth bill,
but would prefer the adoption of his amend
ment. ' "I 1 'u -I'lvi -Hi 'O'1 !
On motion ' of Mr.1' COLLINS, the. bill sod
pending amendments were recommitted" ' ''
Mr. MONROE reported back S, B..NO- 45
For the redamptionof tbe; botes ff tbe Seueoa
County Bank,,with an amendment which would
throw the redemption of the notes into the next
fUcal year. Agreed to, and bill ordered to be
read a third time to morrow,
Mr. CUPPY, from the committee on Federal
Relations, reported back Mr. Key' joint reso
lution recommending congress to call a Natlop
1 Cnnventlnn to amend the Constitution of tb
UniielStutee, pursuant to the 5th artlcl thereof
without recommendation. --1 .- . : ;
Mr. KEY. who offered the recommendation,
said similar resolutions bad bet adopted by th
legislatures of Kentucky, IUIdoU and Wiscon
sin, and they were favored by the President
of the United States. '-
Mr.' GARFIELD 'desired to know what
amendment to tbe Constitution are required.! .
Mr. KEY -destined to answer the question
nnnoiloir the convention would decide that, ; 1
Mr. GARF1ELE said, unless some reaeon Is
assigned for the piesage ot the resolution, it is
Idle to talk about It, He did noV understand
that the State of Ohio desired the auendmeut
nf theCoDstitution. ' '1 ' ' i'-
-'Mr. PARISH said he bod another reauoo for
opposing It. He did 'not believe In amending
the Constitution npon tbe demand el trustees
Mr, GARFIELD offered the following sub3ti
tutor 1 ' ' 1 ' ' J 1 .
Rttohtd. That the provisions of th Consti
tution of the ' United States are ample for the
preservation or tbe uuion and tne protection 01
all the natural Interests of tbe country; that'll
needs to be obeyed rather than amended; .and
our extrication from our present difficulties is
to be looked for In etrwioous efforts to preserve
and protect the public property and enforce (he
laws, rather loan in new guarantees tor par
ticular interests, or compromises or cooosssioa
to unreasonable demands. .11 1 .. .
Mr. SCHLEICH raised th point oforder that
the substitute was not germaio. Tbe Presi
dent said tha point was well taken.
Mr. MONROE thought' th Senate - not pre:
pared to act. Senator are eonsidering the sab
ject and ask delay. - He did not lay be should
vote against it He did not want to vote against
such a resolution. He would prefer that if soch
a measure should pass, that it should pas un
animously. He believed that it might 10 pass
if it should be deferred. Oar minds At this
time re unsettled, and we dexire time to con
sider the subject. He hoped it would at least
be deferred until Wednesday next. He really
desired to agree with the Senator from Hamil
ton. - " -1 -1 1 "-" 1!
Mr. KEY said it wa not hi purpose to de
bate this question now or hereafter.-
' Mr. JONES eald be was in favor of thepaa
taeeof th resolution, if be thought It would
do any eood he would rots for it ii th Border
State would ask It. , He thoagbt some delay
advisable,' a by Dxt Wednesday we might
have tome new light on the suojeol.. - -1 ,-
J Mr. MONROE moved to reoommit it with
instruollons I bat th oommittee report It back
next Wedneeday.i iv. n.-.t . 1 -i, :, ; , .,
Mr. F18UER said he wa prepared to rote for
the resolution now. ii- jom r, .ut t. .1 ; ,
Mr. CUPPY eoncurred -with tbe auggestions
of Mr. Monro. A - 1 iv i ut' " ' h ,
Mr, FERGUSON took occasion to aay that
on the very first occasion offered, when a new
adminlstratloBrecommend a measure, the Dem
ocratic party haa to come to the rescue. , He did
not Deli eve tuis resolution wouiu pass wimoui
dlsnuie. He obiected to delay, j ve who have
attempted to heal op th division of the coun
try have gained nothing oy ueiay.o 1 nis reso
lotion waa Introduced early In the eeeeioo, hu
been discussed la tb papers and in Cont-reia,
and Moentlv was recommended by th Pxesi-
dent, and th subject 1 as well understood now
aaltverwlUbe. i.7 ' -t . ; 1 ,
Mr. MONROE thought there U a reasona
ble hope that hi tide of th House .could be
brought together on the bill, ."
Mr. HARRISON Doe th Senator know
there ia a division on thissubjeot In the Senate?
Mr. MONKOt-ddo. . I nave oeara Bene-
tors say ibey would vote againat it u it eoouid
be preased this afternoon, while tbey aaid tbey
probably would rot for it If it should be delay
ed. A few months ago wsboBld have oppos
ed such a Convention. 1 W have been making
progress. Our viows ar different front what
tbey were even At toe oegmaing 04,1ms acasiou.
Wa. therefore, aak a little delay, , Th propo
sition will loe nothing therebyo.-.f in - 1 1 .'.
Mr.MONROhimiKlifled, nil amendment so
as to mak it tb special order for next Wednes
day atllo'olock. v k, : r--.' I .,
, Mr. CUrrx atsiea u oir. lanooia ooes re-,
oommeada National Convention? . ''
Mr. MONROE Well 1 auppose be does. ,
Mr. COX read that portion oti tba Inaugural
remarking that it aeemed an expression of
preferanoe.aadiMt Areoommenaauoti. ,,, ., , ,
y Mr. 41) PPY said he rose to read tho Inau
gural, and thanked the Senator, fo .Trumbull
ler doing so lot hlmi'f (Laugbtpr,) ,, ,1 t;.,'j ! ,niJ
,. Mr. COX. asked pardon, t p if , ,,.
Mr.! CUPPY-dld not lUink delay would le-
our unanimity.: There are some gentlemen so
coti firmed in tbe opinion that the constitution
as it Is. if riehtlv enforced, is best, that they
never will vot for this proposition. But delay
i desirable to glvegeotleveo u opportunity to
express their7 opinions. " It doe notteem im
portant that it should pas today i'
Mr. MoCALL tbedgwtw have Already had
time enough on the lubjecl.and he wa In favor
of proceeding now. lie was ready now to vote
Mr. FERGUSON read tbe proposition or
Mr. Tuck, of New Hampshire, in the Patee
Conference, showing that Uov Chase and Col.
Woloou bad reoommeaded tne adoption 01 a
proposition like that now pending, JUr. rergu-.
eon submitted to hi radieal Republican, lleuds
that tbe Demoeraey also endorse tal. .. ...
, Mr. GARFIELD waa wdlinsr for accommoda
tion to delay th proposition, but h wa willing
and ready to vet againat the resolution now.
He aaid h did not understand it to be a part of
tb policy of tbt) Republican party to follow tb
leadership of tw e three gentlemen In Wash
ington, He would lik to (now. how gentlemen
desired to bare th Constitution amended, be-,
lore be could vot lor A-Couvsnlion, A few
week ago 'gentlemen.- on tbia floor jvoled that
tbe Breaent CoosUtutioo la eofflcleut. . He could
not undarstoud how 4 .could e., Insufficient
BOW., k - r.5l..lr:. . .') I ..
t Mr. COX said he didn't ee tbe pertinency of
granting , proposition here, that have been
kicked out of th Conference Conventioa U r
r The motion of Mr. MONR0E,rw adopted,
yiai -) . ' r 'ii-.-,. t. ).-- 1 1. ii-1 t-.-M.1-..
.Those phe voted la the affirwtiva -, :.
viMessra, Breck, Brewer, Boaai, Collins, Cox,
Cnppy, Cummin, 1 Fisher,vGarfiekl, - Glass,
Harsh, Jooev, Laskey, Monro, Morae parish,
PoUs,PutwiDA Smith, SprBgoa,S4aly 2.1, 0;i
Those who voted In the pegutir wora
.MeflsrSjEijon. Frgusou,.FpstcrA Harrison,
Holmes, Key, McCall, Moore, Newman, Per
rill, Ready ,cblelch and Wkit-13.
' Mr. CI PPV. frnm the committee on Federal
RrjlRtlou, recommended tiie adoption of 1 S. J.J
K, Ki. 3rJ, by. Mrv Parish r-Reqoesting Von
frees ti racugnlse oihcially the .Independent
aorerelfTitiMof Hayti and Llberbtv'' " 1' i -r
;illr. PARISH, advocated th passage of the
indefinite post
pooement of tho resolution
Mr. McCALL, moved to adjonrq. : Cartltd.
Mr. HOLME3 moved 'the
2 H. B.'lrlrM. VINCENT Fixing tha
rata of JnJerest and repealing a certain aot
therein named waa rsad a third time j whea
LifVtaUqtAhe Honi9 wart idsmtndsd, and 76
merrbers answered to their names,' and '
- The Sergeant-At-Arma waa dispatched for
tbe absentees.
t Mr. SCOTT, nl Warren ."moved that all fur
ther proceedings' Under the call bo dispensed
witn, whicn was agreed to
On motion of Mr. WOODS, the bill waa then
laid on the table and made the special order for
to morrow at 11 o'clock A. M. 1
H.B.337, by Mr. RUKENBROD Supple
mentary to an aot entitled "an act for opening
and regulating roads and highways," passed
January 87, .18$3 was read the , third 4lme,
Mr. HUGHES Offered an amendment by
striking out tbe words, "upon tbe application of
any person interested In tbe road," which waa
aereed to. '' ).......:-.:.. ai,v ,N
Mr. RUKENBROD, explained that the bill
provides for the anpoiotment of 'viewers (In lay
ing out the road) at tbe time of the viewing - of
the road in oases where it may oe neoeesary.
The bill was then passed yeas 84, naya 1.
8., B. 78: bv Mr. JONES To, provide for
locating, establishing and constructing ditches,
drains, and water courses, wa referred' to a
select committeeof six Messr.MoCune, Car
ter, Winner, Steele, Mcpiung, and Brown , or
H. B. 352: bv Mr. S fUBBS To amend see-
tion 43 of an aot entitled an aot to provide for
the settlement of estates of deceased persons,
passed March 23, 18-10, was read a third time,
Mr. STUBB3 explained that tbe bill was to
change tbo present law, so as to allow the wid
ow of the decotsed $100 worth of property, in
lieu of numerous arnoio or kitchen and house
hold furniture now allowed. ' ; 1
Mr. VINCENT mpved to amend by making
the amount $5U0. , , " ,
" Mr. BRUFFobieoted to the amendment,' a
he feared that It would load tbe bill down eo
that it would not pass.' '." ' . :' " .
,'. Mr. FLAGG favored the ame'ndment. " He
thought $500 little enonch as little as our lib
erality and Bense of justice ought to Allow.' -1 : "
. Mr.STEDMAN would Eladlyote 'for "'the
amendment, but he feared It would defeat the
bill, and he hoped to insure its passage. .The
Kill wnnM nnoa aa It la ,' -,' -r- '
Mr. IlKRRICK thought we ought to pass the
bill and tne amendment. ' uur present law on
the snblect is a burnln distrrsce to the ace.' i
' Mr. STUBB3 said he would like to have (he
amount fixed at $500; but be preferred to take
ftf etaaslno th hill d ifc la -'' l''!i,
Mr. CARLISLE moved that the amount be
fixed at $200. . 1
Mr. ANDREWS was willing to support the
bill, but he thought the amendment proposing
$500 would operate unjustly toward -creditor!.
Mr. WOODS ealled"for A division of the
auestion. -' -'-'' "V"-'- v '!
The question then turned 1on striking out,
when the House refused to strike but $100.
On motion of Mr. BALDWIN, the limit of
books to be allowed the family was fixed at
100. ' .-' " "
On motion of Mr. HERR1CK, the value of
the cow to be exempted was made $35.'
- The bill then passed yeas 92, nay 4. '.
rMn BALDWIN, from the Committee On Fi
nance, reported back H. B. 885 Making ap
propriations to pay certain over drafts for re
nalra to the Bnblie work. 1 '':' ' '-' J " !
Mr. ANDREWS offered ai amendment to
the report, protftsting againat the payment of
all over-drarte rrom the treasury at an timet.
Mr. ANDREWS aaid, he wished, forth sake
of many of the holders of tho outstanding
check this appropriation wa desigaed-to pay,
that be eould find it consistent to vote for the
bill; for he believed they ought to have them
pay for labor and means furnished to the State,
at the request and by the direction of bfflsers
deemed by them to be aotlng in the scop of their
duty; but hi obligation to the people of the
whole State, bia oath and hi sense of duty gen
erally, commanded him to aot otherwise. The
applications to cay over-drawn expenditure, Mr.
A. aaid, bad a familiar sound to him; for every
session bo had been a member of tbe General
Assembly snchi bills had been introduced, and
when tbe KepuTjiicsns nad tne majority, may in
their first stages oursed, then kindly treated,
And finally passed them. He believed the Demo
crats bad refused to sanction violations 01 itoe
law and tb plain letter of th Conatitutioa by
passing any such bills. If this course wa to be
eomittued, there eould be no possible need of ap
propriation of money by the tieneral As
sembly In advance for any expenditure what
ever; 'tne executive ! omcers, canai com
missioners, its., could walk into the Treasury
Whenever they pleased, take such amount of
money a will serve their prodtgat purposes,
bidding defianoe to the' guards against corrup
tion thrown around the treasury, by the most
itriogent atatutory, as well aa constitutional en
aotmentsl Last session, w were asked to pay
what bad been refused the year before the lit
tle amount of $16,000, over-drown and expend
ed in Violation of law. ' Great hardships were
then, a now', pictured, that would exist if the
money wa refused. -Thla braneh of the Gen
eral Assembly paused long before the amount
was appropriated, but finally paaaed it, with pro
test from most all who voted for it, asserting
that ' no imilr measure ebould again receive
their support. But th preoedent waa thereby
established, and an emergency In keeping up
the repair of tb public work 1 eeixsd upon
as th occasion to rush into aa uniAwfnl expen
diture of the sum of hundred and twenty
tnouaana aoiisrs, wnion we are now respecuuiiy,
but 'confidently, asked to payl J'Th Governor
and the Republican member of th Board of
Pobllo Work; Mr. A;' aaid, were -chargeable
with tils violation oi law, againat the protest
of the faithful and efficient Auditor, and the
Democratic Commissioner, Mr. Backus. It was
urged that tb court taken was more eemenu
l than calling an extra session Of the Legisla
ture. ' By the cam reasoning. It would be bet
ter to throw down all restraints and barrier,
and let all offioer in th State, from the Gov
ernor to th least township officer .expend money
wrnna- from th Deoole bv taxes, in such
Amount, and for suoh purpeies, as they please,
without tbe least accountability, ho '
i . But, said Mr. A., no economy we Observed ; It
waa a fact tbe Governor -aad those oounected
with him in this Illegal movement would not de
ny, tbat the contracts were let At more taan
twenty-five per eeat, in excess of , what would
have bee the rates, if money bad been ppro
priated to pay t which excess would have mora,
tbaa paid the expense of an extra session--of
th General Assembly, lor tb abort Um 11
would have required to transact the business
H wa told a protest was appended to thla bill,
which wa true, and It waa placed tfaere very
Properly by the committee on .Finance, on his
own motion; but what eould it avail 1 1 Counte
nancing the transaction by .payment ef the whole
sutumaia, overshadows all protests and eetatjllaa-
ea a guld for After Legislatures to ; work; oy.
These fraud upon the people of the State' must
at soma time and torn plaoe be stopped, and it
were a well for all partie to try it now and
her. Mr. A. said he would hold tbote high in
authority to theaame rigid accountability a th
moat humble offiolal in the State; j A township
officer la never allowed to aot at his. diaoretioo
in the expenditure of public money if he did
oh wa puuUhad thrfor. ''The ' Governor
and executive omoers 01 to eutte Are unaer
tbe seme la we. Should they be ameaable to
them, or should the law be juspended. for their
sole benefit? "! .t:"'4t t;-r "l-woS asli
Mr. HUGHES aaved that th report of tbe
eomejittoe b laid en the table aad printed. .
i' Mr. BALDWIN explained the eblscl or tne
report,' and asked- tbat Mr. -Andrews I would
withdraw bil protest till otner part 01 sue re
port were acted upon', to which Mr Andrew
eoaseated.'-; t ' ti' ' j
Mr. WOODS nrred tbe House to oast this
bill, aad pay innocent me who hare expended
Money and performed laoor ior tne eeneui 01
tbe State, who must otherwise suffer ior what is
justlytbelr dnw. mo'': -a-.-.:,:" b.-W.' j
Mr. BROWNE, of Miami, aaid If h knew
how tedo justlee to tbe laborer to whom this
money I due, without passing thla bill, be would
vote against Iti No waa be partieular About
the form Of protest t be used.'. It eould not
well be mad too strong for hlra 'Pw 1 i n
Mr. ROBINSON hoped that the bill would
be laid on th table, that we may ee what it
particular provisions are, and hew far w are to
go in making appropriation from Overdrafts on
those oanahv .li-w,wt n a?$.trM-
The bill and raport war ibett . order w toe
printedT- 1"-' i K'J. iJ1
. . . mn r,vrn M .t...L. , . V. .
tut, Asauaiuno moveu tnai me tw
by this bill and report were ordered to be print-'
(eo De reconsidered; whiou waa cisagceeaio
yeas 37, nays 55.' g 1 I :i i -v j
H. B. No, 2lt bvilr. leave-
To provide forUeasLbg tha Public Work of the
State, wa tak(n u, when
Mr. WOODS Auilalued th present condition
of the bill, and Xe nature of the amendment
pending, and sufjWed that that part of the
bill providing tof tuV aala of the Public Works,
wbioh is the firaft eleven sections, be considered.
' Mr. VINCENT wfooted that the House pas
over thos seoflons aoe consider the provision
for leasing.
Mr. WOODS then mdved that the House con
sider the amendments, and called for a division
of the question. .'
HThe question then turned npon the adoption of
tne nrst ill sections. 1 1
Mr. HITCHCOCK, the author of this
amendment, remarked that the proposition be
fore tbe House was or importance; that while
be would hasten to it consideration, he trust
ed the House would not fail fully to con
sider it before coming to a vote. As tbe author
of the proposed amendment, he desired briefly
to give bia views upon it, -
- - lie referred to the early biBtory or the canals,
and the. fact their projector flattered them
selves that they would be such a souroe of rev
enue to the State as that In a few years to re
imburse both prinoipal and interest of tbe cost
of their construction. By a reference to various
reports of officers and other documents to which
he had access, he found that the .original cost
of the Publlo Works, when called completed, in
1843, was $14,627,549 79, Interest on this sum,
which has not at any time since been ma
terially reduced, $15,797,753 64. Total ex-
penaeof salaries, repairs, do., to Nov. 15, 1860,
13,683,197 16. , Interest on moneys borrowed
previous to 184 J.dunng the construction of tnese
works, $6,180,658 88. , Total, $50,289,159 47..
His object would be to make A fair showing,
oharging them with all they cost, and ' give
oredil for the gross amount received from them.
Then to this amount Bbould be added expense
of additional works since 1843, for which
special appropriations have been made; ex
pense of ' legislation each session upon the sub-
isct. amounting on an average to about $10,000
annuoiiyt all expense connected witn (tneiuna
commissioners and transfer oiBoe In' New York,
necessary . on account of the . debt incurred' in
building these works; knd lb, addition, an untold
amount of claims lor damages which nav oeen
constantly ' arising, Then there is a large
amount orintercBt upon money borrowed to pay
interest, running the debt up at one time to
about $18,000,000. The amount of thea items
be did not attempt to state, out irom tne com
putation he had mado, added to the aggregate
before . stated, would reach an amount -sufficient
to swallow up the entire taxable property
npon tbe -duplicate at the- time ot tbelr com
mencement, about $bU,uuu,uuu. The gross
amount received into the Treasury from them
is $13,669,170 24, leaving a litule more than
t46.000.000 that tbey have burdened the Trees
ury-h. To avoid all mistake, he will say $40,000,
000- (, ) j , J,!. ,1 ,..,
'x -They have never, exoept in one instance, paid
an amount of net revenue into tbe treasury
equal. to. one half the annual interest while
paying . any, about one-fourth. For five, years
past they have been a direct burden upon the
treasury to over $100,000 per year. ' The.eostto
the State for paying the interest on tbe debt
mnA .rtrk MnniH. ntwivji peftAlnr.Q. la nAftrl 1.-
000.000 annually. J
-, Now, what shall be done? That it was
wrong policy for tbe State to do this work orig
inally be did. not say. Tbat it has aided tbe
development and advanced the ' wealth of
the State there Is no doubt. But it baa plao
ed a burden upon the people of tbe whole State.
That tbe State i now well supplied with means
of transportation, In canals and railroads, built
partly by the State,' and partly by private enter
prise, : shall - she any , longer be . a competitor
with any of her citixens in the carrying trade?
It is tbe duty or tne atate to foster and cnerisn
all the interests of all her people, and apt be
competitor in any of thorn. , - k - , ,,. I
i The great objection to elllng seems, in the
minds' of many gentlemen, to be that, if sold,
tbey.may be neglected or pass into the hands of
railroad companies, and rates ot transportation
will be increased. The same reason that com
pels the State to keep possession on this no
count would make it ber duty to go to work
and dig ditches to furnish cheap facilities of
transportation to all the people of the State.
These works would be better managed for the
interest of all. In tbe bands or private parties,
Aaoow, they are a souroe of patronage and cor
ruption, and a politiotl disturber. It can not
be avoided. 1 It seemed to him ' the State
should withdraw herself entirely from connec
tion with them. It will necessarily be done, and
caa as well now aa ever.
Mr', VINCENT followed, and favored k lease.
The history ot the! canals and canal manage
ment waa tbe darkest picture we, as legislators,
could contemplate. Tbey were conceived in
fraud.' Only one line was to be built, of 250
miles, and at a, oost of $2,500,000. 1 On this Cal
culation the first money was borrowed.. .. But we
have been led on until the State baa expended
from 30 to 50 millions' of dollar,' and now has
onbAhd a debt of $14,000,000, and C49 miles of
dilapidated canals and river improvement. ; 1 "
t State management bad Increased the original
oost of the oanals two fold, and it cost the State
four time as 'much to keep up repair as It
would private parties. , ' , "' '
.. The State should have no business relation
exoept such as Are necessary to its existence as
a Government; State" Management originated
in strong govern moots,' where the bead was ev
erything, the people nothing. , The. State would
become bankrupt in the most lucrative business.
If it worked all the farms in tbe state, it would
ask for an appropriation to pay current expenses.
It would fail in merchandising, and, aa a builder,
w had an example in the State House, at a cost
ef on aad a half millions, which coold have
been bnllt for half a million-. v' .' i -' I
The aonditlon of tbe catfals rVqmred radical
remedies. : They .were Jrtgun X year", ago.
Dams, aqpeducts, &o.,jaere builttot wood, and
all going o decay. TJIe report onthe Board of
Publlo works shows afl this, and tMat tbo canals
and feeder. tav fied with eartbl ana grown
ap to graaaA WetJr waa failing as XI Jaber land
diminished, and boats and warehouse were rot
ting down: ::17 ;
Leasing wouia give stimulus toDutiraess along
the lines, andVndividuai -enterprise make the
works pay -IfwVild increase the vHlueof canal
counties asm stimulate business In the State
at large. It thlsXwould not brf the cnie, and
individual cbtorprue ' would not make the
work pay, they snoaia oe aoanqouea. as out or
'' W i, a A 11.
date, and notsustaintd by taxation..-' The lease
gate'tbtf Bdard powrvJ compsl the lessees to
keep tlta cnals In rVpair.', Ho, opposed sale,
beeaue we oould net get rid of our obligations'
in the water teases; There were ia leases;
pcrpxtaal, 20 for 99 years, and 133 for 30 years.
This lease doc not allow the lessee to re-let be
yond ten years. This would enable the State
to get rid or a part er ta water-ieases. .ji oi
the 30 year leases expire between tbe year 1860
and 1870. 40 between 1870 and 188Q, and 61 be
tween I860 aad 1890. i So by lotting tbe canals
from tim to time, the lease would mainly ex
pire,;,. He argued.at length from' those prdposl-
Mans, ana Answered, oniectioo rqaae,: (0; tne
lease.1-- -. - ',-. - -mji.'i
Tbe House then" took a recess.
FRIDAY, March 8th, 1861—10 A. M.
Prayer by Rev. Mr. Smith.
Bv Mr. ORR From C Berry, lr., And others
of Wyandot county, asking a change In the law,
allowing compensation to physioiaue id cases of
post mortem examination, as will make It the
duty of Courts 6f Common Pleas to allow it;
. ...1 . .
also, make it id nuiy 01 coroners to uie report
of their proceedings in each case with the Audi
tors Select Committee. -1 . - l '
Bv Mr. READY f rom B. McUoy and 40
6'hers of Coshootofl,'remontratiDg againit tbe
sal or lease of the Publlo Works. Referred to
Commltleeon Publie Work&i :i,m, iv I
Bv Mr. GARFELD From Nathan R.)okwell
and 35 others of Mahoning Oounty; from David
Sumner and 20 others, and Isaac Stockburry
and 45 others of Columbiana; from Danl. Brok
er and 43 Diners, Jos. Watson sod 26 others,
snd E. II. Foundloy and 35 others of Stark Co
to obliterate from the law all distinctions bat
ed npon complexion. Judiciary. I
'Alrot f rom tooth' Clark and 4i outers, on
Women'l Right. Laldon th table
:n.B JIo..348: bv Mr. WRIGHT of Hamll:
too To amend sect ioa two at an aot to regulat
the 'isle of 'school land end th era-render of
remanent lewes thereto. - i.
H.U, HO. UJ DJ WT. JAWXw loaineuu
section 94 of au act entitled an act for tbo as-1
ucmiuvui ana taxauoa oi properly- ,m id IS oiaie,
and ior levying taxes .thereon ecordlD to Its
true value in money, paaaed April 6; 1859.' Fi
nance Committee. '3 ) -i J
H. B.No.371; by Mf.,yiNCENT-iMaklng
appropriations of the Sinking Fund for the year
B. No. SSfrio'auiend section " ona of an
aot entitled "an aot fixing the salaries of certain
State officers," joseea JiUy 1, 1852. f
S. B. No. BOB ; to aiftborizs oitiet of the seo-t
ond class to fund their floating debts. Municipal
S.B. No: 261'; torovidl forJ,h MlleqUon of
certain taxes therein specified.' ,w 1 '
rS. B. No. 259 To amend section six of an
act entitled "an act io .exempt Hhe ihoinasteftds
of families from foroed sale on execution to
pay. debts, passed March 23, 1850, , Judiciary.
-kU jMi 2G3 Regulattog tbo, presentation
and payment -of claims against the State.
Judiciary. ;i mi-. - ;, ., .''.;,.,.t, :v'
S. B. No. 264 To amend the first and third
sections of "an act to provide for the sale or
lease oi estate tan in. certain., cases," passed
April 4, 1859. . Judiciary.,, , , i, , ., , iun i'fi 1 1
b. b. jno. Siua to amend an aot eutitlod
an aot to regklate fire Insurance companies not
Incorporated by the State of.Puio,',' paised April
8,1856, ii". i, f . u-1 n m-1
S.B. No. 262 Making, appropriations,. for
purposes therein named-1 ?c'-'i -V ' j,"
ah tne aoove, excepting tnoae otherwise deer
ignatcd, were refeeii to tbo Committeo of tbe
wnpia,j)-, (;('!" 1 't 1
S.B. No. 45; By Mr. MONROE To relieve
tbe bill-holders ot tbe beneoa Uounty Kank.
Mr. MONROE said the bill simply provides
that the 3UU) .Treasurer shall take these notes
In payment of dues to the State for one year
from tbs 15th Nov. 1861. 1
Mr. FISHER contended for the passage of the
bill- The State had converted the securities of
tbe bank to -its own. oses, and bad endorsed the
notes after the over issue had been discovered,
by rrcceiving them for taxes and circulating
them among township Treasurers. , The State
waa trustee for the 'people ia ' this matter, and
became tbe guarantor of those notes which gave
them credit aud circulation. If their credit was
affected by Ibis act of a Stato officer,; tho State
became responsible for the aot of her officer .r
Her faith was pledged for, the, redemption lof
those notes, and ber suDaequent acta after this
discovery of fraud ". rande her still further res
ponsible in the premises'.'' It Is cot ttue that
mostot ibis money is held by brokers. Tbo
greater portion is hold; in the rural .school die
tricts, where it was sent, in packages fiom tbe
State Treasurer's office for dimiivutlon, alter
wmuil waa rupuuinicu. ;. -if ,, i ; , , ,. i ,
Mr. COX said be favored the bill,' but, if be
understood the Senator from Marion, lor diner
ent reasons from those which influenced that
Senator. - Ilia own reasons were twoi : 1
First, tbat as be understood the facts, after
tbe amount of public stocks which the treasury
books showed to bo . in Iho bands of the Treas
urer as eeourity for tbo Seneca Couuty Bank
notes, had been fully and In good faith used, to
redeem thoso notes, it was discovered that bi a
fraudulent collusion between Brcslin or Gibson,
or; both, wjth the bank, an over issue of some
fifty thousand dollars of the notes had been
made,r. Under' these circumstances the State
stood in tb position - of a trustee or assignee
who paid some claims In full, where the lund
turned out to be insufficient to pay all in full,
and in this case the State si trustee would at
least bo bound to pay to tbo note holders the
pro fata dividend which the trust lund would
have paid upon the wbolo It distributed to alL
r Second, the certificate of the Stat officers on
the face of the bank note, tbat It Is secured by
nledee of public stocks deposited with the
Treasurer oi State, is the guarantee npon which
the bill holder relies, and as a matter of equity,
good faith and sound State polioy,'- tbe (Stato
should make good the guarantee, forjif th .ee-l
curity is not in the ireaaury, it must be that it
is missing by the faand ot these former State
oUicers.aod tbe State Ought to Keep innocent per
sons harmless from loss by such official fraud,
Mr. KEY. disputed tbe assertions , of Mr
Fisher, and declared his declarations concerning
the State Treasurer were not la acsordance with
th facts, t. Tb . present . Treasurer bad mado
extraordinary exertions in the premises, and did
all in hia power to protfot both - the State and
the vote holders. Mr. K. , however, was oppos
ed to the bill, holding that tbo State is not res
ponsible for the redemption of the notes. 1
Mr. CUMMINS looked upon this as a ques
tion whether the State is bound in equity to
redeem! these 'botes. 1 He was opposed to the
State shielding herself behind for sovereignty.
Would she be liable In a court of equity? If
eo, she should redeem thes notes. ; Th State
Treasurer ia the trustee, for tbe bank, aa well as
for the note holders. He gives no security for
securities deppstied with him. ' He gives them
no atedrance, but his bond to tho buu,jtbat
such securities will be burned according to law.
If fraud la committed, the State is responsible.
If tbe note holders credit the bill holdet upon
the guarantee of the Siato, tbey ebould be pro
tected by the State, Tho manner In which
these notes were oirculated shows that the peo
ple regarded the faith, oi the Stato as pledged
to them by the provislobs of Iho: la.rf'. Rain
dorsemeut of these notes by 4Uo State, in the
payment of them by the Stat to county treasur
ers, gave the people confidence la them, and it
ia but justice that tbe State should redeem its
pledges. I 1
Mr. MONROE thought the facts in the ease
were all that were necessary In the premise,
and he stated them as follows: '"-"-" j
Inl84!i tbe State passed rtbev Independent
banking law;, Tbe 13ih seutloa required Batiks
to deposit certain guarantees. Section 3l Ire
quire Ue State Treasurer Jo Isau notes upon
the basis of these securities': The State Treaa-
-urer ia -forbidden- to furnish suoh otes, until
dollar for dollar of suoh securities are dopoeit
sd with him. , Ue is required to keep those
bonds.' ' When those notes are taken by the peo
ple, they find them. endorsed, "Secured by State
stocks held by tbe State TrOaajireri They
therefore credit them. Every poor labor! took
these bill for tbelr labor under such gaarun
teet Now, shall we draw these things to a 'fine
point upon the technicalities of "the law. He
didn't know whether this is a legal oialnij-it
certainly Is An tquitablt claim." The' people,
who understood the latter point took these bills
onthe faith of tho State. Ohio invited them
to take them. ' 1 1 ' ..' ',',!! 1 '
Mr. HARSH Suppose tbe securities hadbe
come worthless. ' )-'
' Wf.'.MONROE-I don't know' and I don't
car " We want the facts a they exist. I We
bav had reports from tho State Treasurer! and
the Receiver 'ot the' Bank, and they intimate
that we should do something In these premise.
How did these banks become worthless?
By an -over isiue of notes by th Treasurer of
State, CGibson.) . If bills that should have been
burnt, were circulated again, tbe responsibility
devolve upon the Treasurer. He violated hi
duty, and the State is rusponsiblea '. 9 4
These parties have no power to sue the State
unless the General Assembly grants it. If tbey
could sue, they would bo. supposed to have a
good claim. Now, ii they have such a good
claim, ought they not to have the same justice
from tbe atate tbat they would obtain iron In
dividuals?.- f r r.r ;-i
Mr. JUUXMHUis Baid mat, as a man,
J would be ashamed, to repudiate an obligation
I like this, and hs felt it the doty of this Aseem-
bly .to malntaiq the credit and good faith of the
1 . fit. WHITE was opposed to. the bill because
he believed it cnooneUtutlooal and booaute we
are under no legal or. moral obligations to re
deem these notes." 'Th provision Of th Con
stitution do not violate any contract edtered
into-under, tbe bank law when orgauiaation
has boen. entered into1 after tbe formation of
th oousfitution, because there was no contract
existing at- IB time. of. toe ormatioo of the
oonatitulion which that instrument oould violate.
There" wat tjo contract: between the Stat and
Bank in this matter, because there was noconsti
tutional power to make such a contract. . It
ia Insisted tbat booause the -Treasurer endorsed
these notes, the State is bound for their redemp
tion.. The Treasurer Is the agent of the Stat,
with-limited powers... Ji be transcends these
nmitB, tbs State or tbe people, a' not responal
ble, but be Is. . Jf ibe.ptatp 'was, responsible,
under this prinoiple, sbe might; be seut to the
Penitentiary. When tbe Treasurer transcends
hit legal bower.' he 1 no longer the agent Of the
state. 'This out proposes to violate tat funda
mental principles of tho government, which
makes its officers its -mere Agent, to transact
llB BUBIUOTB.- - i ,it ,.. H J
Mr. JONES opposed ths bill, but the reporter!
nav noi muo w prepare an SDetraet ot nis rea
Apos for the morning report ' ,: ' i
Sit. SMITH a id the bond ot tho Treasurer
of State wa drawn In favor of the StaU, and
npon hi bond h could n!j bi bound tt thitftatt.
If he failed to keep aafely the stocks belonging
to a Bank, he eould be sued upon his bond by '
tbe State, but not by the Bank. Sj.1l he ille
gally Issued bank bills, he is responsible fo tbo
Htate fbr malfeasance In office, upon his bond.
The Bank can have no power over him. He Is
an officer of State, gives bond to the State, and
ean only be sued by the State, and the State Is -certainly
responsible for the correct performance
of tbe duties of ber officers.
I 'lumay b Irue that the State lias engaged to
periorm. an onerous duty a duty which it
should never have undertaken a duty which
may cost ths State ultimately hundred , of
thousands of dollars! But, Mr. President, if
my reasoning la correal, it la a duty whlah the
Stat has voluntarily assumed, and from which
she cannot honorably shrink.
I . An - ...
uiur.juiNua moved to amend tbebill by strik
ing out the second section of the bill wlilub pro
vides for paying the Receiver 1800 nnt of tha
assets of the Bank,' - - - '
). The bill waa recommitted to Mr. MONROE,
who reported it back with the above amend
ment, when ths bill wa put upon ilpas8gaDd
it was lost. r "
ThoBO who votdd In tho affirmative were
Mcsers. Breck, Bonar. Cnllln.. rv. r
Cummins, Flahery Garfield, Glass, McCall,'
Monroe, Morse, - Pariah. Rrt. bi,k-
Sprague-16. '
v Ibose who voted in tbe negative were
.Messrs. Eason," Fergujon, Foster, Harrison,
Harsh. HoltoesY Jones. Key. Links.
Newmans Porrill, Sobleioh, Stanley and White
A-15.V r - !'
Mr. COX offereil the following, which
adopted, viz:
Resoiotd, By the General Assembly, that
6,000 extra copies of tbe report of tbo Commis
sioner of Statistics be ordered to be priutcd for the
use of the General Assembly all said copies
to be bound lu cloth.
Messrs. Smith, Eason, Stanley and Brewer
had leave of absence until Tuesday afternoon
n-: ... .
me senate took a recess.
- 1 .
Yestcrdiy,-when U. B. No. 90, by Mr
JONES, was undor consideration, Mr. HI LIS
opposed its passsge.malnly on tbe ground that it
provided for a too frequent revaluation of real
estate, and Instead of shortening tbe time from
sixto five years, be woe ia favor of lengthening
the same to a period of ten years. lie contend
ed tbat it was not the amount we had on tbe
grand levy that wa ought by a revaluation,
but equality, and tbat might be found with a
muoh certainty by taking every other five years
the averag Increase of land sales mado In eaoh
county, and add a fair per cent, of such
increase 'to i the '.levy last - made, this
to be done in 18G5, then in 1870 have
another "revaluation mado, and so on every
ten ; years thereafter, and every . interme
diate five years add tbe average increase as be
fore provided for. - In vindicating his plan,
Mr. Hills stated that the Board of Equalization
relied on tho sale tables from each county, found
in reports of the Commissioner of Statu tics.more
than any other data, In determining whether to
increase or diminish tbo value as fixed by coun
ty boards, from which they finally fix tbe aver
age for each county. Thla being eo, he thougbt
It the' wiser 'policy to provide lor revaluation
once In ten,; rather than once in fire years;
thereby saving half tbe expense tbat accrues, if
we adopt tbls bill. He said he made these sug
gestions In hope that others, better qualified,
might bestow on them suoh thougbt as would
sive the State from a growing, and he sin
cerely thougbt a useless expense . j
Prayer by Rev. Mr. Trimble.
On leave, Mr. THOMPSON, of Perry, Intro
duced House Bill 412 To extend the jurisdic
tion of the Probate Court of Perry count y
which was read tbe first time.
; On motion of Mr. KRUM, the Committee to
whom was referred 8. B. 78,-Relating to
Ditches waa Instructed to amend the same so
as to drain School Section No. 16,
On leave, Mr. NIGH, from a eeleot commit
tee, reported back H. B. 393 For a Loan In
Monroe county fixing tbe rate of interest 00
tb loan at not above 8 per cent. i
Mr. WOODS moved to amend the report by
fixing the maximum at (even percent.
Mr. CONVERSE moved to further amend by '
making It tlxjper oent.
Mr. STOUT objected to these Amendments,
as likely to make tne bill useless as a means of
Immediate relief.
Mr. BLAKESLEE thought the local author
ities competent to manage the matter. '
-Mr, WELSH objected to these amendments,
at, it thoy were adopted, aad the limit fixed at
less than eight per cent., he did not think the
money could be borrowed at a lower rate, and
the bill would be of o ne to the cquidy asking
ifr. CARLISLE concurred with Mr. Welsh,
and honed the report would not be amended.
Mr. BROWNE, of Miami, would support tbe
bill In each shape as preferred by tbo represen
tative: of tbe county. -1
Mr. BURR said If the House was not wUllog
to permit the loan to be made, they bad better
vote the bill down, and not pas it in a form
tbat would be useless.- . .- -,
Mr. BRUFF said he protested against allow
ing a higher rate of Interest to be paid by cor
porations or counties than individuals; and if it
was in order, would move to strike out all rela
ting to a rat of interest, leaving the rate to be
governed by the. general law. He further ob
jected to tbe long time of the loan, He would
not have (hi loan to be paid by another genera
tion; and wOnld therefore fix the time of pay- '
mentat less than ten years. ' 1 "
Mr. SCOTT, of Jefferson, remarked ' that a a
this loan ws to supply defalcation of a treas
urer, he was not willing to vote for it unlets as
sured that proper legal proceeding are had
agnluat the treaturer. . ' ' - ..
t The amendment of Messrs, Woods and Con
jerte wer disagreed to. :
.. Mr. BRUFF moved to amend, by loaviog out
all rate of Interest and fixing tbe time ot pay
ment at five year, instead of ten,- wbioh was
disagreed to. f 1 . , . , ,, , ,
Mr. BALDWIN objected to tb bill, as not be
ing of,, a uniform, operation throughout tbe
Mr. TANNEYHILL oited the provisions for
local legislation in reply to this, when
' The bill was paassd yea C2, nays 34. "
The House took up ths special order H. B.
2940 provide for tho sale or lease of the
Publlo Works, when
"Mr. McCLUNG opposed the bill, and con
tended that the argument tbat the Publlo Worka
wore not sslf-eustaiulng at this partiular time
ia not conclusive; ainee it eould be applied with
equal force to all the business of the country,
for neither the agricultural, manufacturing, nor
commercial Interests ef the State have been
prosperous and remunerative during that period.
You might at well propote that all tha business
of the country should be leased, Jd. out or
abandoned, because tbey have not been a pro
perous aa you otald desire. II eoottnded that,
in a prosperous condition of tha.builoeet of the
State, th canal would be not only telf-suataln
log, but remuneratiyci and read tram atatimixa
to tiutam hi position. H was for a divorce of
tbe unproduotive portion of tb canal from
those that .wr really of use and profitable.
Ue would put the pkying canals In good repair,
a a. vita agriculturist .would do with hia farm;
and, then, he had no doubt of their being a Ufa
and profitable Investment yet - ?
Mr. SCOTT, of Jefferson, replied to thlt, aud
cited partieular years within the last six, when,
the crops wer good, and tbe BArrying tradeu
must have been profitable, abd yet theeanala
did not pay. He referred to ,tho tatitlc of
the Stato to show that the oanale had not lm
proved the value of the landa or Increased tho
revenuethat the growth of the State had been
the result of other causes 1 among which might
be mentioned the cities of Cincinnati and Cleve
land, whose prosperity was almost independent
of tbe canals.- He advocated tho sale in pref
erence to a lease of the canals, and explained
the particular provisions of fbe first eleven aeo
tlons of the bill, and iilnstrUed the advantage
to the State from tho sale.
Mr. MYERS advocated the tale and the en
Br divorce of the Slat Irom the 1'ublio Work.
H laid, the canalt bav aubeerved the purpose
for which they wer created. They bar devel
oped the resource of the State, and afforded a
ready market for tbe productions of the differ
ent eeotious through which xhty have been con
structed, and they were thea esseutial to the
internal traffic oi our Stat,- but th time haa
fiats ad wbtn they can be the principal carry
ng routet.' Tbey have now ceased to u-
tain 'themselves, but become bnrdensoma -
a they must ever be In th future. It ( m
posslbl for thtse Rip Van "Winkle- Work
to complete ' "with ; the" ' rapid .railroad
transportation of produce aad merchandise, and
oarrien In thlt fast age will teek the quiokest
and most effiolent mean of reaching the beat
aiaruoi. , we or a punno debt of .11 5.0OO..

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