Ohio State journal and Columbus gazette (Columbus, Ohio : 1825), 1835-03-05

              T PRINTED AND PUBLISHED AND COLUMBUS GAZETTE. (Two Dollars fifty Cents in Advance; TERMS. Or, Three Dollars at the end of the real New Scrics....fto. 37, Vol. IV. COLCMBSJS, T2IUKSHA.Y, MAKCH 5, 1335. Whole ft timber, 1383. .IOHlE5IAL &. AKK'B.'TH. MINUTES at the t-nocm'.DiNoa or the LEGISLATURE OF OHIO, REPORTED FOR TUB OHIO STATE JOURNAL. REMARKS OP MR. KING. In the Senate, on the motion of Mr Mc Ma-chin, to indefinitely po3!pone the report of the select committee, and tho bills au Ihorizing tho Canal Commissioners to construct a Canal lo unito the Pennsylvania and Ohio Canals, by such rout as they shall deem most eligible, and fnr the best interests of tho State, after a full examination thereof, in conjunction with the proper authorities of the Stato of Pennsylvania: Mr. Speaker The subject which is now under consideration, has been before the Legislature at two successive sossions, and must have become familiar with every Senator upon this floor. The bill which is now proposed to be postponed, was introduced at an early period of the session; and has been delayed in its progress from time to time, at the in stance of niembcrs, other than its friends, because the seats of certain Senators were unoccupied. When that reason could no longer bo urged, tho Senator from (,'oluin (nana introduced a rcsolu ion, the effect of which would have been, to embargo, lor an indefinite period of time, not only this bill, but the bill to amend the charter of tho Pennsylvania and Ohio Canal Company. Through the courtesy of the Senate, however, the latter bill was released from tho irnnnf thin gwecninir resolution; and hag been Buffered to bo wire drawn, through the various forms of legislative enactments. Tho other bill, which authorizes tho Conal Commissioners to construct a Canal which shall eenncci tlie IVon;;!:;!!! cd Ohio Canals, by such rout as, after a full and iui examination, shall be deemed most condu-. cive lo the interests of tho Stato, has been held in suspense, by the committee, under this resolution, nearly a week; and has just boen returned back to its location, upon our Alas: where it is met by this ungracious proposition to dismiss its further consider tion, without a hearing from its friends. For one, sir, I cannot silonily consent to this course; end, although I may not feel the same local interest in its passage, as jjefhaps I might, did I supposo that the ac-complishm -nt of the main objoet sought lo 4s atlaiued by this bill, depended upon its i)iassage; yet, as a citizen of tho State, and a representative of a certain portion of i s population, having a due regard to her character and interests, I consider it my duty to state in what manner I believe they will bath be affected, should the present motion prevail. What, I ask, was the tenor and purport of the resolution, under which this bill was taken from its regular order, and referred to a committee? It was, simply lo inquire into tho expediency ot authorizing tho Governor to employ Engineers lo ro-aurvey these two routs, which have been proposed lor this junction Canal, and report to tho next Legislature tho result of such ro survey; the unavoidable operation of which would be, to postpone this important subject for another year. Is the information sought to be thus ob lained, necessary for any legislative action? A majority of the commilloe havo reported that, in their opinion, it is not, unless the State shall first determine Ibe question, whether she will undertake to construct i he Conii proposed by tho present bill. All the informat;on which any now survey could possibly elicit, is now before us. These two routs have been repeatedly surveyed, and tho various roports of the Engineers ra already in possession of the Senate. Reports of committees in favor of the ros-poctivo routs, are also on our tablos. Tho Canal Commissioners of Ohio hare caused the northern rout to be survoyed, and tho estimated cxpenso given in detail, and wore directed by the Legislature to aurvoy the other; which eorvico was declined by the Company. Every yard of excavation and embankment is estimated, with tho cxponso nf fnn'lnra Inrka. hridirefs. aniieducls. cul- verts. &c; and the cost of the Canal, by the nortnern rour, irom mo sjinu vanai iu the Stato line, is $701,372; the lockage 3-13 feet; the distance less than seventy-six miles. Tho samo rout has also been sur-uu.il hv Pal. Kearney. United States En gineer; and ho estimates the entire cost of iVnnl (mm tlm Dhin Canal to Newcastle. ill Pennsylvania, where it unites with the Pennsylvania Canal, at 3'ju.i,zi3. lly taking tho northern tide of tho Maho- ninrt river Ilia linn ia nhnllt Qnvfttt mitra lon ger; but in his report, ho states it will pro. bsbly do snonencu, on us nnai location, oy .h.niiiniT anmn nnrtinn nf the rnul. The other, or Sandy and Beaver Canal rnu, has also been minutely surveyed Dy Mojor Douglas. He rnakos the distance frmn ihn Ohin Cnnal to the State line, to be seventy-six miles, and to the west bauk of the Uig Ueaver, in Pennsylvania, uui miles; the lockage 651 fcot; and the estimated expense, without crossing the Dig Beaver, so as to nnite with the Pennsylvania Canal, $1,21)2,405. Tho more recent survey ol ikia rnnt. hv two Engineers, tha Inst sum mer, has resullod in finding tho running : : l. ..i:..- II. ...k ....n.:ki. 8ireaiHS, IllUlUUlUg Uiuau v, auaiUfluUlU of being thrown upon tho Summit Level ol him Panat. diminiahnil from 772 cubic font per minute, to 558 foot, and the necessity of . ... -. : r. . ; -1 ...I,,.. I. ; .. resorting W armicins icbuivuiio, rriu,.ii mi volvos another item of exponse of $5l,!)80, according to the calculations of Messrs Gill and Huge, the Enginoors. This enhances the former estimates to $1,347,415. By r deducting from this last amount, tho estimates of Major Douglas, for the last fourteen miles of the eastern line of this Ca- nil, which 11 the distance from Little Beaver, near the Stato line, lo the west bank ol the Big Beaver, in Pennsylvania, which he has estimated at $09,71!), and the tvvclvo feet lockago in cscendins the Ohio river, from Lillle Beaver, at $01)1) per foot, being t,s,4uir, ana tno ton per cent, allowed tor contingencies, equal to $7,lil)l, in all $84,-010, we shall find the estimated cost of that portion of this Canal, which lies within the limits of this Slate, to he $1,203,833. If the Imgine f eeder should be dispensed with, a further reduction would be made in tho estimated cost of tho Canal, to the amount of $31,0011. This information is all spread before us, by the various reports of tho Engineers who have surveyed these routs. What other facts could be obtained, by onother survey, which would bo of importance to the State, unless sho determines to undertake the work, or which would have any influence upon such determination? The facts upon which the Legislature must decide this question, whether at this or any subsequent period, are already at hand, and cannot Do changed Dy ro examination. Why, then, seek to avoid meeting the question on its proper morits, in this indirect manner? If a majority of the Legislature shall determine, after a full hoaring and due deliberation, that it is not for the interest of the State to construct this Canal, so be it. Those who think otherwise, must submit to such a determination. But lot us bo hoard, and have an opportunity to amond our bill, in the runner desired. The committee have recommended that tho bill ho so modified, as to empower the Canal Commissioners to pay over to the Companies, any expenses they may have in curred, when they shall havo selected tho rout. If nothing ia lo bo gained by this delay, let m inquiro if nothing it to bu loit by it. VVhut li the memberi of tho Sandy rnul Reaver Canal Company cluim under the gnuits nf tho Init session. I know we have been told upon this floor, that the (til lenient niiiilo in relation to tho amount they will receive from the toll) allowed them on the Ohio Cnniil, havo bum niiiilo by irresponsible pcrsuns ami for effect nhrond to obtain stock, ami that the Senator from Columbiana (Intel that they would bu willing to rclin-quirh them to have their charter amended in conformity with Ihut of the Pennsylvania and Ohio Canal Cmnpnny. But ii this lo? I hold in my band a public nddress to the citizens of Pittsburgh, published during tlm Inst summer, nnd there uro three re tptmtilih namei lo it, purporting to be a com mittee to procure sulscriptioiis to tho stock of that Company. rhey are persons of the first repeela'nhty in that city. And whntdo they sliitcj Thiil from thn best calculations they can mnUit, Having uio act ol uie ins. .""". tjCforu they fully believe Unit the Snndy nnd Bfnv er Canal Company will draw from tho Ohin Canal an amount of tolls nf from one million to a million and a half nf dollars, during the scvon jenra of this grant. Will it bu said that these gentlemen did this for cfToct, or that this grnnt will be surrendered for tho privilege of charging on their own lino oi Canal a rata of tolls which will amount to ten per cent, on their onpitul invitite.ll I think not. But it is said nlso that inch was not the intention nf the Legislature, nud that it will not bo so construed or curried into effect. Then is not the chnrncter of the Stato involved by permitting thciu representations thus publicly made to pass unnoticed, by which honest citizens may bo led to invest their uiouey in Ihn work under these delu-livo promifei? By examining tho charier of that Company, we shall discover that they ore under nu obligation by its provisions to construct a Canal farther llinii the mull h of Little Beaver, which would only connect the Ohio Cannl with the Ohio river, and that hclow its principal ohstriictimts in low water; and that all their charter privileges arc secured In theui upon this condition, nnd nlso that Iho "munificent grant" of tho Inst session is secured to them, by constructing only twenty miles of tho CauM, 1 1 that it interseoti the Ohio Canal. What great ad vantage would a Canal to either ol these points confer upon the Stale? It would form no connection with the Pennsylvania Canal. There is no doubt, however, that from twenty to thirty miles of (his Cannl can bo inndo "from the Ohio Cantil" without any uncommon expense, and supplied with wa ter. Thiionnnany would then havo tho power to monopolise tha trade of all produce seeking in Eastern inarkot, from the south pnrt of Hie Stato, by being able to pay greater prio s hy the amount ol toll incy would Ihcrohy reooive on its transportation on the Ohio Ca nal, anil transporting and dcootiliua? it a di stance of twenty niilos on their Canal. It uiuht be rcshipped at any subsequent period and sent to Cleveland nnd thus soouro tho tolls on tho northern section of Iho Ohio canal also. If this company teas those extensive privileges j if what Ihcy thus Unto be correct: and they can thus draw a larger amount from the tieasuiy of tha State, in Iho way of tolls on tho Ohio Canal, than will bo necessary to oonstruct their Canal Ihn di'tnnoc required by the terms of thoir ohartert if that rout is praoticahlo, and can be supplied with wntar sufficient for the purposes of an extensive ooinmerco nt a reasonable expense; is it not manifestly for tho interest of the State to in cur the expense in the first instnnoe, nnd own this Canal, rntner man havo tho same amount nf money drawn from the Treasury in this in direct way, for the benefit of this company ? And is not this tho proper time to dctcrmino the qui ition, before any groat sipenivi aro incurred by tha company, under (ho expectation that they will be remunerated in lbs manner pointed out? Is it correct and proper to sudor (hem to proceed with thoir work under thu impression that such privileges aro conferred upon them, if we do not supposo they aro, or Intend hereafter to curtail them I Do not tho members of that corporation publicly claim thoin, anil have they not appealed to us to protect anil defend them in advance, before they had htcn assailed Does not tho bill now urged to bo postponed emhrnce this rout, nnd is it not re oomuiendud by the coinmiltoe lo provide for tho payment of any moiioyi this company may have expended, and bring Iho question of the (wo routs fairly before the puhhongenli or Iho state, I iicculo upon their intrinsic merits, except so far as (ho grant of Iho Inst year may opern(o in favor of the Snndy and Benver rout 1 Has it not been publioly stilted by ono of this oompuny, (coutrnry to fact however) and this statement lent abroad fnr nnd wiilo, that tho frieudi of tho northern rout nl the lint session of the Legislature shrunk from a fair competition, and deserted their hill the mq-mcnt it wns amended so as to Includo boln routs, and the question was to bo submitted to the Canal Commissioners lo determine which would best promolo the iu'urcsts of the State? And do they now feara decision upon merit, where they hare nil the advantages of tno "munihccnt grant" of ihn las: session in their favor, which would of course ho taken into consideration in determining the question of State interest? For these reasons, I deem it of much importance that this question should no longer ho delnyud; and that the interest as well as Iho character of the State requires some decisive action of tho Legislature in relation to this subject, and that the present motion to postpone it should not prevail.To s ilisfy the Sconlo that local interests do not influence thrso opinions, I beg leave to rolcr to sundry communications, received from Eastern capitalists, who have taken a deep interc.t in tho project of uniting the reiinsyivunin nnu Ohio canals, anil irom committees appointed by tho Board of Trade of the city of Philadelphia, stating that if tnc charter ol tho t'cnnsylvnnin and Ohio La-nal Company should he amended in relation to the rate of lolls, the stock would be taken and the wnrlc put under oontrnct the eii'inng senson. This nai already been done. It will no recollected, However, tnnt ono inner il' mendment was made to (he bill at the request of several Senators, jrivine the right to iho Slate of purchasing it at any time hereafter. 1 nis was uono without Knowing w hat clleot i( ra;ght hnva upon oapilalists, who wero other wise ready t ombark in tho enterprise, nnd wns offered under tho expectation that the Stnle.wniilil alill undertake (he work. I hope me motion to postpone the luhject at tins po riod, will not prevail. On motion of Mr Disney, the bill was laid on (be tahlo. REMARKS OI1' MR.CiOODK, In Iho llouso nf Representatives, nu the bill to amend the aci to provide liir the annual distribution of the three) pur cent, fund (ho question on nrdciing said bill to be engrossed fbrn third roadiiijr being under comidoration. In fuboiittitig this tpm-lion, it will be come necessary to look into the origin of! una mini, nnu uy ooing so wo mall fee that by an nrilintinc..1 of Congress passed April :ill:h, 181):.', Ii v o per cunt, nn the soles of nil the ll lilted States lands, was granted to llii Hints: for the purposo of c nstructing ro?ds Within tho fame, which grant wa made in consideration that tint lands of I lie lniiod .Suites lyiii;? in this Stato, fhould not be t ixed for five years after tho i-ame wore entered. This fund was fnr a nuui ber of years distributed tu the several counties, not so much by any general or uniform salo, ns by particular acts for special appropriations Thn whole amount nf this fund accruing, and distributed in tin) Stole to Dec. ii, 133, is $3tU,705 00 Of this amount there vein expended, from tin year 1S01 to 1S19, 8234,7!)l) 73, and distributed lo that Terriiuiy n.nv composes sixty counties, or tho whole Sinto, excepting thai part lying north of the Indian boundary lino, and wes of the Connecticut Western Reserve, which now cnmp"its fourteen counties, tho erection of which was authorized in lS'.ll. From this wo ice thnt Iho counties erected prior to the year 1321),. had drawn up to 1310, at we have scon above, tho sum of 8':I4,7!)( 73, while Iho territory now compiling the fourteen counties above referred to, and not then laid nut intnenuntios, drow nothing up lo that date. Tho whole amount of tho three par cent, fund distribtiled sinc3 tho erection of tlm new counties in 132ti, up to Dec. 31, 113. is only $110,011 33, and in the distribution of (Ins amount tho old counties hive still continued to participate in en equal proportion, with tin new counties, since they were erected, in 13J0, which leaves to the new counties a very small proportion.Tho fdlovviii'r statement will cxlebit something like iln dill'erent amounts re-ceived.by the different counties, up to Dt'C. 31, M o. Allen co, Adtun, Athens, Ashtabula, Belmont, Butler, Brown, Clermont. $1,309 93 7,148 98 6,117 47 0,147 47 7,14ti 9li 7,1 If. Oil 2 409 97 Scioto, Stark, Shelby, Seneca, Sandusky 7,140 on O.Uti 911 2,4,0 II) I, .109 97 2,40) ID Tuscarawas, 6,146 91 Trumbull, 7,146 911 7,I4G 9ft Union, 2,410 70 1,1)09 97 7,146 9K 7,146 98 Uhnmonign, 0,147 47 Clinton, 5,459 97 Coshocton, 5,497 97 Columbiana, 7,1-IG 98 Cuyahoga, 5,459 97 Vanivert, Wnrrcn, Wayne, Wood, I, '109 97 Williams, 1,309 9' ilurlr, 2,409 97 l,f09 9tl 6,140 911 (1,116 98 7,146 9S Washington, 7,146 98 Crawford, Dark, Dclawaro, Franklin, Fuyotto, Fnirield, Orocne, Guernsey, Geauga, Gallia, Huron, 5,459 97 Hocking, Hancock, Holmas, Hardin, Henry, Jefferson, Jnck'on, Knox, Licking, 2,409 9 1,309 98 1,309 9 . O.IJ'J Mi 7,rHG9tl 5,459 97 0,1 it 9!) 6,146 98 7,146 98 7,146 98 0,146 9b 4,659 97 ,5,159 9 1,309 97 1,309 97 . 7,146 98 3,659 97 "0,117 47 0,f1747 .Hamilton, ftjornin, M0!) 97 Highland, Harrison, Mercer, Preble, bnwronoe, 3 659 9 l,3n,fl Logan, 1,309 07 Montgomery, 6, u.VJii 3o .Vlinmi, 4,659 97 Madison, 0,117 47 I'ike, 5,-l.97 1'ickaway, A,4o9 MM Mnskingt Portage, tsf47HLj Monroo, Perry, 2,410 70 Medina, 7,206 97 4,659 97 4,650 9 Putnam, 1,309 07 Morgan, 2,407 76 2,407 70 rankling, i,JU9 U7 ivicigs, Ros., ' 7,146 98 Marion, Richland, 6,146 93 1,309 97 Total, $235,803 98 Thn nbovo Rlntcm"nt clo.irly nhows tho justico of our claim to tho residua of the three per cent, lunil nrising in those new countios, on the ground of inequality only; but sir, this is not tho only ground on which wo claim this fund. Wo consider tho source of this lund at present as local, rising in thosa counties for which we claim it. It was granted for tho purpose expressly of opening mads in this- State. I ha roada in Iho oldor ports of tho Stato, havo long since boon opened; and for this reason, tho fund should bo appropriated to those now counties only whero tho roads still havo to bo opened. And further, this fund when Irstcroated was a five per cent, fund, two pnr cent, oi which vim nt an early day applied to (ho construction of the Na tional road; thus depriving tboso counties ot so much ol this lund to which they would othorvviso havo been entitled, lo expend nn tneir own Hlato roatis. rim iNationnl rnml does not touch any part of thn now counties, and is thorolbre to litem of no local advantage. It runs through tho nld counties of tho Stato. It is thoreloro giving to those counties thrnpgh which it posses not only iho whole amount of thoir original live per coin., oui too iwo per cent, in addition, which as abovo stated was applied to the construction of tho National road; making to thorn tho full rocniptof soven por com. of this fund, besides an equal participation in the general distribution of tin fund. This is what we call inequality. But sir, nu the ground of evpeiliency, would it not. bo for tho benefit of the Stole to apply Ibis fund in extending to that portion of the Stale " hero roods yet remain tn he mode, the aid oflhntfiuid which in its origin Geomed lo have hoen designated liir that special purpose! Would it not contribute much to thu rapid fottlcrnent uf a portion of the Stato which has hitherto been unimproved, and seems almost to have been losl sight of by the Legislature as to any provision to its aid in overcoming tho difficulties (hat novor fail to present themselves in the first sell lenient of every nevv country! Il'sir, (he f slering enro of tho Legislature wore nxtcnddd tu llioso new counties by reaching to them Iho hand of relief, it is tnnnifest that the direct Icni'cncy would be to reclaim nt.mce, and rentier productive, this portion of tho State, an I draw from il Ihatamplu revenue lo Iho Treasury, which its natural resources cannot tail to insuro. REMARKS OF MR. DILLE, In tho IIouso of Representatives, on the amendment, offered by Mr Leymaii to Iho hill from tho Senate incorporating the Phenix Manufacturing Company ; which in effect went to make stockholders in their individual anil private capacity, lia-blo for Iho di bis of the company: Mr Dii.lu said, be did not deem it neces sary lo requiro any explanation of tho gen tleman from Kichland, why ho had proposed this amendment similar amendment! to bills of th ii description have been so frequently offered, and tho reasons so uniformly the same, namely, lo guard thu community u-guiii9t loss, by making the stockholders accountable in their private and individual capacity, for nil tho liabilities of the company. Ho (Mr D.) was opposed to acts of incorporation, except on subjects uf public importance and general utility ; and the hill under consideration, he believed to bu one of this class. II i was, therefore, adverse to such aiiieodiueiits as must loud to destroy the bill ; nnd it was obvious (hat the propo sed amendment, if eiicceiislu, must prove fatal; ns in such case the friends of the hill, believing that it would thus ho inoperative, would necessarily nhnuilou it. While on thu subject, bu w uil 1 tnko the opportunity of saying a few words in rela tion lo that portion of the Slate, where the proposed factory is to becreclid. Within (lit, lnt ten years, thu fiuu Lake counties of (he Western Reserve hnvu partaken largely of the spirit niiroad in the laud lor the promotion of the growth of line wool. Hot there being nu woollen foolery in any of those counties, great inconvenience was felt by (lie inrinors, trotn the v?aiit of inch a fucto-rv. whim ther could dispose of Iheir wool, or havo it winked Up fur their individual purposes. 1 his cire.uoislance, said Mr. U. bus had n manifest tendency to dampen the ardor ol those enterprising citizen., ensa- gcd in tho growth oi One wool. And cases had occurred within hit own knowledge, whero farmers havo had on h inds two or three crops of wool nt tho saint) time, nris ing from this deficiency of some mode to dispose of it. Al regards the present bill, he had no hosilntiou in saying, from his intimate acquaintance with tho moral and moneyed wor h, nnd business habits of the members of the proposed company, taken in connection with thu guards already in corporated in Iho bill, (hat should it become a law, tho community had nothing to fear from the company going into operation. With (heso views, ho would submit the subject; trusting that an amendment which in its tendency would destroy thu hill would not bo sustained by the House. On the question being taken, the amendment wni rejected by a largo majority. REMARKS OF MR. GOODE, In the Hotiso of llepr.-'seulii'ive., on the amendment of the Senate to (he recinditig resolutions; which amendment declares That we recognizo the doctrine, thnt a Representative is bound by the will of his constituents, tho people; and in a correct discharge of his olhcial duties, ho should obey such will, nr resign his situation :" the motion to amend tho nhovo amendment, by Ihn insertion, after Iho word "people," of tho words, "That a Scnntor in Congress is bound to obey the will of the Legislature, when in accordance with tha will of tho people," being under consideration.Mr Spekeb: I would not now trouble tho House, wero it not that I feel unwilling to givo my vote, without expressing, nt least, the sentiment on which it is founded, and innru particularly m I havo laid nothing un this subject during tha whole time of its discussion. The question, I ntn aware, is oonlineil to tho ndoption of tho amendment offered by the gentleman from Montgomery to the amendment of the senate; which, il I understand it correctly, is in substance us follows: "That a Senator in Congren is bound to obey the will ol the Legislature, when in ac. oordance with tho will ol tho people." This proposition is in the abstract altogether harmless, hut from tho manner and design nf its introduction I strongly object to it. Thcrn lies concealed, sir, a priociplu danger nus in its consequences, tn which I oaiinot ncocde. Let us unmask this ainondment to tho amendment, nnd iti hideout deformity will appear. Disperse thu mists that surround il, nnd dismantlo it of the drapery in wliioh it is enveloped, and it ii nnthing else titan a covert expression, that tho Lrgisla tore have tho right to assume thn power nf the peoplo in their primary capacity, and to give our Senators in Congress binding instructions. If it ii intended by this ainondment tn the amendment tn lay I lint the peoplo have a right to instruct Iho Senators in Congress, why not lo express it, nnd 1 would go with gniiilcmcn in its support: hut if it ii intended lo lay that tho Legislature have tho right, independent of Ilia peoplo, I cannot gn with them. Let us exainiuu this for n moment. It is a principlo denied by none, thnt in forming our State, as well as United Stales government, all powers not expressly delegated, were retained by tho people. Now, the right of instructing n Senator in Congress, is a power cither delegated, or not; but if it ha delegated, it must be cxprossly so, fur implied powers in this our day cannot ba relied nn, or received ns (he ground on whioh tn bise tho exorcise nf I.) impnrlnnt a right. No, sir; implication is nnt hern suilicicnt. Tho dootrino of implication has been long since exploded by tho political creed of gentlemen who now support this nruendinent to the amendment; nnd I ask, will they hero ooi-tend for it? I ask the gentleman who off r ed Ibis amendment to tho amendment, nnd thoso who support il, to point me to tho place in the Constitution nr elsewhere, in which this power, (or tho right nf instructing it Scnntor in Congress.) is exprcisly giv en tu thu Legislature. If gentlemen would do this, they would relieve mo from n heavy burthen ; if there is any whore thil expressly delegated power conferred on tho Legisla lure, nnd I havo nil this tiino been ignorant nf it, it would bo an net of charity to inform me, that 1 might no longer remain in ignor- nnce, but be corrected in my misapprehen sion of our constituted rights; nnd when so corrected, I would gladly go with them in the support of their principles, i he people in forming their Constitution acted ndvised-ly. They knew 'what they wero doing: they cxprossly gunrded nil rights not ex pressly delegated. Yes, sir; those (inspired niindi that gave being to our free institutions, when our government was in its purity, null principle was tho tie that bound men's souls together, were in the days in which Ihcy founded tho government well awaro of what tiny wcru doing; and when they reserved to themselves nil power not expressly delegated, they did what they intended to do; and too present crisis seems to show, the wisdom of that cautinii. They seem (o have looked into future years, nnd to havo iiuticipated that auuther spirit would porvndo our happy country, nnd threaten if not prove thu overthrow of her free institutions, though firmly founded on tho principlo of equal rights, which il in other words civil liberty; uud il especially adnp(ed to our country, because adapted to the pro(ec(ion of the few, ngainst the encroachments of power and ambition. Yes, sir; breathing this spirit our helnvo I country has become tho happy usylnin of tho di? tressed of all nations. It was with this spir it thnt our fathers achieved the revolution, and gained for us (his liberty; this is the liberty of which our blessed stripes uro emblematic. This is thu liberty which g:ves the American name a passport to honor in every ol i i no. This is thu liberty for which those heaven born patriots, that have gone before us, risked (loir lives and their fortunes, and sealed it with tie ir blond : and this too, permit ine to hope, it will be the anxious desire of us nil ns their offspring to perpetuate. Yes, sir; inspired with this principle, do we see thu Cons itution framed its tun safeguard of this our highest boon civil liberty And this cautious reservation of power, by our ano stors to themselves, tho people, lot me here again remark, vas highly necessary, to guard those rqual rights of the people, which are continually exposed to tho encroachments of nmhitioiis men ill office, and nspiriug to ollice, thirsting for power. To my utter nstouishiucnt, even hereon this lloor, have I heard it said, that the legislature might, for the purpose of instructing n Senator in Congress, bu considered tho peo ple, and exercise tho rights and powers of tha people in their primary capacity. 1 he peoplo: what peoplo? said tho gentle man. Why thu Legislature. I cannot but rcitterate that (he avowal of such sentiment) within theso walls, impress mo with astonish, incut; nnd particularly when it cornea from the source it does. 1 suppusu that perfect lovo for the people would lead gentlemen to take on them all their powers, nnd snvn (hem nny further trouble. Dot, sir, the people hnvu returned tho power in their own hands. I again nsk gentlemen to tell me by what means tho Lngislaturn havo been invested with thil power of instruction. Is it noy whero cxprcsdy given to Iho Legislature. If il is not, it is most clearly reserved, mid slill remains in tho people, who possess it in all its plenitude, in spito of (he nttempts now made to strip them of it. I call again and ngain I call on gentlemen who an going on cccrcising this power in the Legisla ture, to (ell inn whenco they derive it. If they cannot show me their power expressly given, I nm hound to come to the conclusion, that they are exercising powers which he- long not to them, but to the people exclu sively ; nnd I nk, in what is this bc(ter than usurpation of the people's rights; II gunde men would clothe themselves with this au thority, they must go a itcp behind their be ing ns ll Legislature, nnd consult tho power that gave them birth ns a political body. Or, I nsk, will gentlemen constitute themselves into tho primary iisscmldngcs nf the people, and, because, thoy have been elected by the people for special purposes, nnd with only delegated powers, voluntnnly ns. sumo the penplu's rights, nnd say that their will horo expressed, without ever consulting the people on the subject, is the wiM nf Iho poople, nnd binding on thoin, and not only on them, hut on their Senators in Cougrosi, in as tn forco them to resign their scats in tho Scnnte oT the United States, if they happen to differ in pnlitnl sentiment with n majority of tho Legislature ! . Gentlemen nn thil floor, rcpudinto the doctrino thnt n Senator in Congress, who, as they correctly observe, is a mere agent of Iho people, should substitute his will for toe will nf the people wlftnn ho represents; but they aro unmindful, thnt I hey, together with thosu with whogU'ihcy act in this case, arc tho incro ngcnls at tho people, and nro sub stituting their will for that of their conslilu cut'. Of the course of our Senators in Congress, the sovereign people have Ibe right to judge i but as the representative ol tree men here, I am opposed to establishing a precedent thnt will curtail tho rights of a Senator, by permitting tho Legislature lo rivo him instructions equivalent to u reoall Thus milking tho caprice of a parly in Iho Legislature, and nnt the Constitution, tho (enure of their oilicn, tu the utter yiervcr sion of thnt incred instrument, which ought tn bo enshrined in tho heart of every Amu rican. Why dnci tho Constitution presenile a term nf service to u Senator, if tho whim of Legislators is lo drive him from his post! Why ii their appointment for even a longer term than that nf the President himself! It is for tho plain reason, that as executive ml vipers, they may not depend on him for pro motion or continuance, in nilice; hut remain like rock, whoso baso is immovable, a sore harrier nf defence ngainst tho inroads ol usurpation, ami the waves nf ptvsion that siir:o ncainst thn piilarint the .(institution, during uvery Presidential canvass. Let us adopt tho prinoiple nf instructing men nut nf oluce, and seo what would bo lis rllect Tho majority of tho Inst Legisla' lire differed in political sentiment from this. They in structed Mr llwing. Suppose Ibis Legisla turo were to instruct Air Morris in suoh n manner that he could not, in consistence with n cnursc of honor, obey thu instruc tions and relnin his s -at us n Senutor. With ivhirWiidignalioii would gentlemen view the resignation of Mr Morris? And Ibis is the mlv alteruiilivu eiven by theso gentlemen themselves. No sir; I contend that though, we (col that injustice may have been done hy a Senator, and though w may condemn his course, yet he is aiiienablo to tho grent body of the people. It ii not true that the people do not understand Iheir rights; we have an enlightened community, nnd if nt any time it becomo necessary to give iii:-tructions through the Legislature, to our Senators in Congress, tha people are nt nil times roady so to direct tho Legislature ; until which time I contend the Legislature have not the right to exercise this power. It has been objected that tlm Legislature hnvo instructed our Senators in Congress during tho present session, on the subject nf tho Northern boundary question ; nnu an ai-tempt bus been omclo to ussiinilnto these instructions tn tho instructions nnw sought to bo rescinded, and tn the principle contained in tho amendment tn the amendment; but, sir, (here is a wide difference. Tho Northern boundary question is one of a. rucro local character, uud nffeoting Ibe Stato of Ohio only; while Iho odioris a question of gener al policy, and ailecting (he wimio uiiihii States. Tho instructioni on the Northern boundary question, were in tho nnturo of furnishing information. Iho instructions now contended for nrrogate to themselves the right of deciding for Hie Senator in Lou-eress, (he right of forming opinions for him, nnd compelling him to obey them. This can be done only by Ibe peoplo in their sove reign capacity, who alone havo this right to judge. I do not know hut there are gen tlemen on Ihn flonr, who would no willing to lee that august body (the Senate) entire ly obliterated. For my part, lir, 1 wish In see it to remain, us ithns been heretofore, a faithful guardian nf the rights of thu States and unflinching in its resistance lo nhiisei and usurpation of power from nil and every source. It has been contended with much zeal on this 11 inr, (hat Ibis Legislature hnvu tho right of instructing our Senutors ill Con gross, nnd of enforcing obedienco to those instructions hy mere implication; yet these same gentlemen, on other occasions, will rise in their places, nnd nrguu with great ability against tho too free use and exercise uf implied powers. I ngrco with them in this respect. I urn, and ever have been, opposed to an extensive exorcise of powers hy nny functionary or ngent of tho people, hy mere implication. It is attended with dangerous consequences, and will inevitably lead from implication to abuse, and Irom nhuso to usurpation. Besides, it is expressly declared, thnt nil powers not delegated, urn reserved to the people. Implied powers have been, and ought to be, guarded against under all oir-cumtnnces. There nro certain gentlemen who have contended on this Hour, thai in passim: tho resolutions of the last session which nro now proposed to bo rescinded, they were acting in accord-inco with the will of tho people. 1 tell them, even if it wero so, they did not know it; nnil Ihoy will now suffer us (n not nn the amu pn ici plo; nnd believo Unit tho resolutions p issed nt tho last General Assembly, were passed contrary to Iho will of a majority of Iho peo pie of tbi State. Whether it be s i or not, wo leave for Iho pcoplu themselves to deter mine, nnd in that determination, whether for or ntr'nnst us, wo will cheerfully acqui cbgc. I believe, sir, that the people nro the rightful source of all power exercised under Iho government; I believe they hnvo a right to control their own agents; and thn functionary, nr agent, whoever he may he high or low, is bound lo act in uceordance with the will of the people, whenever thnt will can be satisfactorily ii'c re liin-d. Rut, sir, I do protest in the strongest poi siblu terms, against the idea that Iho pe s plo hnvo ever guarantied to us as 11 Lrgis-into re, tho right and tho power lo control nil thn actions nf our Senators ia (he National Legislature; that t'u-y should not be permitted to exerciso tiny discretion on matters nf Ihegreatest national importance, which come immediately under their observation, mid must bo submitted to their ao'ion. No, sir; before they c oil I ho per milled to net op n a matter of this kind, which, perhnps, would not uduiit of delay, they must first ascertain tho will of (he S(atp JJetrislilturo by which they wero appointed, wbiediperhnps, owing to the vacillating chnrrieler of different political parties, will change, anil givo different instructioni, on (ho samo luhject, tn nur Senators every year. Such a cnurso would defeat the main nhioot for which tho United States Senate wns created, and would render thnt body, nno of thn most vacilMing nnd unstuble branches of the Natirjfil Government. Such beig my viowi.oHft.he subject, I must goajrtiinst the implied right jf tho Legislature to instruct our Senators in Congress; and I mn willing to risk my cnurio on this subject heforn Iho people, who nlonn hnvo Iho right to decide in nil matters of this kind, nnd to whose decision I will cheerfully submit. SKETCH OF TIIR DERATE, In the House of Representatives, Feb. 15, 18.'I5; on the umoniliiienti nf tho Senate tu tho rescinding resolutions the motion nf Mr Medary to amend Iho nwuu being under consideration : Mr Ramngo rnn nnd laid : I do no, riie for the purposo of entering into any tlisciu-lion respecting (ho nmcndincnd now proposed tn ba ingrafted into theso resolutions. Rut it has been laid hyono of the pa peri in thil place, that wo havo spent three tveeks of our timo in. discussing them; nnd as tit least four fifths nf that timo has been eon sinned hy the very party from whioh, it seoins this complaint has originated, 1 there foru move Hint the previous question be nuw put tn thu House. The Speaker inquired if tho ca'.l was sustained, which was readily ncceded to from dill, rent parts of thu House. Mr Al'D miihl said I think tho limn has now urrived when somn decision should be had on this subject. Tho session is now drawing near a close, nnd wo h ivo bil'incs' in nh'indanco lying on nur tables, which requires nur immediate nttention. And i gentlemen feel disposed to nppeal to the generosity of tho House, to suffer them to offer amendments tn theso remlutions, lei them introduoe their fuvoritu inujuot in mmo other way. There ii no restraint that can bo imposed upon them in this rnspeot ; (hey nro nt liberty, nt nny nnd nil limes, to introduce nny subjeot for tho onoidcn'. of this House, that (hej may think proper. But to suffer two or three dnys more delay on that subject, merely for the purpose of hearing a few long winded speeches, I, for one, cannot consent to it by my vote. I thoreforo hope the previous question may now bo put to the House. Mr tJreed (speaker,) said: Since these resolutions wero first inlroduced into this House, I have not taken occasion to say a word in relation lo them; and I did think, when this call for the previous question was; first made, I would voto against it. Hut the muro I hear the question discussed, tho more fully am I persuaded, that the time has now arrived, that sntni decisive action should be had upon this question. It has been ariniod, nt length, upon the opposite side, that it is all iirportunt, that a direct vote should now be takon on the amendment proposed by the gentleman from Clermont. Sir, this very amendment has already been acted upon by this House; a direct voto has been taken, and now stands recorded on ynur journals, an the self-same proposition-Well, what object is to be attained, by having another vote taken on il? 1 know not. For one, sir, I can see no propriety in it; neither is lucre, in my opinion, any ne cessity for it. I trust, then, the House will not continue a useless discussion upon a proposition, about which, the sentiments of every member of this llouao must bo decU dedly known. As Inr mo amise ana unmerited invectives, which have been thrown out by gon-llemen on opposi'e sides of the question, a-gainst oach other, because they may honestly differ in opinion with them, in regard to this subject, I do considor it beneath the dignity ol high minded and honorable representatives, and unworthy the station Ihey occupy, as the delegated agents of the free and patriotic citizens of Ohio. I trust, then, i hat reason and a corroct sense of proprio-. ty, w ill influence our proceedings; and that a deliniio actibn will be had upon the question under consideration. SENATE. Thursday, Feb. 20. Petition Mr Osborn presented the petition ol sundry citizens uf the City of Co lumbus, praying an appropriation for the ercctiun of a hridgo across tho mouth of the Whets'ono river, near lha Now Penitentiaryreferred to Messrs Osborn, Houston, and Spongier. Air Anthony, Irom tho committeo on the Judiciary, reported back the bill from tho House, lor the sale of the School Uouso lot in Wayncsburg, Stark county, recommending that the bill bo indefinitely postponed; which wag agroed to. Mr Walko, Irom tho committeo on Schools and School Lands, reported bock the bill fur the salo of School section 1G, in township three, of the twelve miles Reservo in iho coun'y oi Wood, with sundry amend-, mcnts; which wero agreed to, one tho bill, as amended, was ordered loits third reading to morrow. Mr Whittlesey, from the committeo on the Judiciary, to which were referred cer-tuia resolutions, directing inquiries as lo tho Slato priming- by what authority, 'and un-, der whut law is it now executed? what aro ho regulations fixing the prices? &o. &c. made a report, in suostance, that the print-, ing for the State, is now exocutcd in pursuance of the provisions of an act for the appointment of a Slate Printer, and dofining his duties, passed Jan. 27, 18'25; which act also lues and regulates the prices; providing, at the same time, for tho election, by joint ballo', of a Stato Printer, to servo during tho term of throe years from the first day of July then next ensuing: tho report also refers to the supplementary act of 'Hi Dec. 1827, providing fur the election of a Sta'o Printer, lermo: service to commence Irom tho first of July next ensuing, and authorizing the hAocutivo to fill any vac incy lhat nny occur in the recess; also, to the election during the session of 1SJD-1, and that ot 183 1-4 in pursuance of joint resolution; but without Iho passage of any law similar to those which hive been alluded to, Tho report concludes, by saying: "Thn coininit'oo nro ot tho opinion, that the last election was valid, as well as that which preceded it; tho Legislature having tho same power to determine by joint resolution, as by a formal statute, that the officer in question should be elocted by joint ballot, or in any other way;" but inasmuch as doubts huvo been expressed in rogard to tho legality uf such elections, iho committee report a bill providing for lite election of a State Printer, whenever it shall become necessary herealler to fill that uifico. The report was agreed to. Mr Whittlesey subsequjntly reported a bill to amend ihe act fur ilia appointment of a Stato Printer, and defining his duties, pissed Jan. .", 18'2'; which was read tho first time. Mr Anthony, from the committee on the Judiciary, reported a b II making certain grams ui tons ot tne canals ol ilia stale; which was read the first timo. Mr Spangler, Irom the committee on Claims, reported Iho resolution from the House, appropriating to James W. Yost, without amendment; and tho resolution was agreed to. itn.t.s ni:.D a third timk. A hill providing for the erection of s Lunatic Asylum; and n bill appointing a Commissioner of tho Canal Fund; wero severally read iho third timo and passed. The fo.lowing bills from the House, wero severally read the third timo and passed: A bill lor the extension ot a certain Stato Roai tu the counties ol Miami and Dark; a bill to amen I the act tn inenrporato tho town ol Perrysburif, in llie county ol Wood, passed Feb. ID, lld; a hill lor tho relief of William I) ownng; a bill to incorporate lha first Congregational Society of Cuyahoga Falls; a bill iu lay out and establish a State Road from Hillsborough, Highland county, lo Washington, t'ayttto county; a bill proscribing certain duties to b performed by tho Aulitor and Assessor n( Clinton cotinti , as therein named; a hill to incorporate Iho Huston .Moral Socieiy, in the county of Portage; a bill to iucorporote the town of Worthing ton, in the county nf Franklin; a bill to incorporate tho first Presbyterian Church of ll.ttnvia. in III ; county ol Clermont; a bill to incorpora'o lha Millorsburg .Manufacturing Company; a bill to incorporate tho inemburs n the slothndist Episcopal Church ol Piketon, Pike county; and a bill (o incorporate tha Sandusky Day Navigation Company. Tne bid in iking gran's nf land possessed by claimants under adverse lilies void, being on Us p issago, n jected yeas 17, n .ys Li. Mr A kiuson called up tho bill to divorco