State journal and political register (Columbus, Ohio), 1838-03-09

              b STATE JOURNAL AND PO OTIC AL REG ISTER. EDITED BY JOHN M. GALLAGHER, .PUBLISHED BY SCOTT & GALLAGHER, AT THREE DOLLARS PER YEAR IN ADVANCE ............................ J. D. NICHOLS, PUBLISHING AGENT. JOURNAL Vol. 27, No. 44. CITY OF COLUMBUS, OHIO, FRIDAY, MA RCH 9, 1838. REGISTER Vol 1, No. 52. ADVERTISING. "' i Twstvs lines or lea, en iRterttoo,. $0 60 throe... ...I 00 h ii tukvldilkiHllMtUaa,...,) so , three months, M..,.S Ot x u iii month. i 09 m " twelve months, 60 Longer advertisements In the seme proportion M the above. A deduction of twenty per cent., (on the exesst,) when the amount exceeds twenty dollaraln tlx months. All Advsrllsements should be merited on their feee with the number of Iniertlone dttired, or they will be continued till ordered out, end ebtrged by the Ineertlon. . No responsibility for errors in legal Court Advcrttoa-menu, beyond the amount charged for tlwir Ineerlloa. ti.slt aovbbtisim.. - One-eighth of a column, (aliout 25 lines,) Oil 00 One-fourth Ill 00 One half. " IS 00 A fullcoluinn 40 00 Any Advertiser exceeding the entounl engaged, to be charged for tits excess, at the first rate above tueotioned. OHIO LEGISLATURE, REPORT Otf THE CASB OF OUETIr) IATEI. Mr. Thomas, from (he Handing coramlltee on Privileges and Elections, made the following Report: Thestaniliiig committee on Privilege! and Elections which, bye resolution of tfierenstefndop ted on lite 28th day of December last, was "authorized end instructed to inquire into the right 01 Curtis Butor, Esq-, to a aont in the Senate, and thnt they have power to send for, and procure, the testimony necessary and proper lor that purpose, and thnt in taking loaiimony the sitting member have notice of the timo and place of taking such testimony,11 have endeavored to perform ihe duties enjoined uponlhein by that resolution, and now report: Thnt rour committee havo come to theinvesti-gallon of the facis disclosed, and the principles involved, in tho case before them, fully sensible, ns they believe, of its importance to the individual whose right 10 a scat in this body is called in question, as well as of the interuet which the people have in the strict observance of the proviaions of the Constitution. Acting undor this conviction, all the evidence which it wua in the power of your committee to procure, in order to orrive at the truth, bus been obtained, and full timo and opportunity has been allowed Mr. Dates to procure and oiler such lesiiiuony as he thought proper to introduce in his own behalf. Nor wcro the ordinary rules applicable to the introduction of testimony, at leust as to thnt which wna offered by Mr. Bales, enforced during the examination but on Ihe contrary, all that was presented on his part was received. On tho tenth day of October, 1037, Curlis Bale, Esq., was elected to the nflico of fjonator, in Ihe district composed of ihecouuiica of Lucas, Wood, Hancock, llnrdiu, Shelby, Allen, Putnam, Henry, Van Wort, Paulding, and Williams. The question, and the only qucation, which is involved in this case, nriscs under the provisions of tho seventh section of the first article of the Constitution of this State, which is as follows: "No person shall be a Senator who haa not arrived at the age of thiry years, and ia a citizen of the United States; shall have resided two years in Ihe county or district, iinmediafly praeeding the election, unless ho snail have been absent on the public business uf tho United States or oi'lhis Slate." Tho question prcsenti itself under tho latter clause of the above recited article, and is this: Was Mr. Hales a resident in the district in which lie was elected a Sonator, two yonrs next preceding Ihe second Tucaday, being the tenth day, of October, IH37. It appenra from the evidence before your committee, that as esrly as tho spring of 1033, Mr. Doles was a citizen of Tiffin, in the county of Benecn, and continued to rcsido there from that time "until the fall or winter of 1835," aa slated by one of (he witnesses. Ho was a member of the liar and followed the practice ol the law ss a pro-fe.ion,aiid had his oflico in Tiffin. In August, 1835, a county convention wna held in Tiffin, at which Mr. Dates wss nominated as candidate for the office of Prosecuting Attorney for Seneca county. It does not appear that this nomination waa made with the knowledge of Mr. Datca. Henry Croniso trsiifirs thnt the nomination was made without his knowledge or consent. The ticket formed at that convenlion wss, immediately afterwards, published in tho Sandusky Clarion, a newspaper tn general circulation in Seneca county. The fall term, I8.I.1, of the Court of Common Plpasof Seneca county, commenced on Monday, the 21st day of September, and continued in aes-sion until the following Saturday morning. Mr. Dales was in attendance during ilia torm, and at that time knew that he had buen nominated as a candidate for Prosecuting Attornoy. Atthecloae of the term he left Tiffin to attend the courts in Ihe western counties, and waa not there agnin until the fust or second dsv after the annual election of that year, which was held on the 13th doy of uclotter. It IS provon ny several witnesses, inai on one of the days just named, and before ihe poll book waa opened, .Mr. Datea and Srlah Chap-In, jr., the other candidate for the oiHce ol Prose-ruling Attornoy, wure at the Clerk1! Office in Tiffin, with the view 0 I learning the rcaull ol the election. Doth gentlemen appeared 10 beatixiotia to know which was elected: although the poll honks, had not been opened, yet, from the Hale, inemaof those who brought them in from thesev. eral townships, it was ascertained that Mr. Chap, in was elected bya small tnnjority; and thia re-ult was confirmed when Iho vote was canvassed a day or two afterwards. When it wns thus found thnt Chnpin waa elected, Mr.Dates statod, in substance, that he cared nothing about it, as he intended to leave the county. After leaving the office, Mr. Dales told Chnpin where he intended removing to it was either Knhda or Dehanre, Ihe witness does not recollect which. He remsin. ed'in Tiffin from that time until the 25th of October, with the exception of an abacenceof throe or four days at the court in Sandusky couutv. Up li this period, and for a considerable length of time afterwards, Mr. Dates had his office in Tiffin. There were no indications there that he had changed his place of reeidence. Ilia books and hook-cnae, and the same lurnittiro which had hern in the office during iheeummer and fall, remained there until pome time in the winter, when he removed tho books snd book-case to Kalidn, in ruinatn county, ma sign rrniaincu. up aurmg the same period. Joseph Mason, one of the witnesses, transact ed business, with Mr. Dnlrsssnn adminiatrntor, at his ollice in 1 nun, aometitne atter the eloction. Joel Stone, aheriff ol Seneca county, alao had a bu siness traiianction with lum, at Ilia earne place, on the IWth of November, 1U35. It may,pcrhape, be proper tn atale here, that during the summer. foil and winter of 1835, a Mr. (iroff, a Justice of the Peace, orcupicd Iho same room in which Mr. Datea had his ollice. It has already been shown, that in August, Mr, Daire at nominated as a candidate for the office of Pnierciiting Attorney, and that at the term of the l.ouriol Common I lene, which commenced on the flat of 8cpiemher, that lact waa known to him t audit is but lair to presume, that ha knew it Tory soon alter the nomination waa made, aa the convention waa held in the town in which he resided, and publicity wna immediately given to its pttu-eedings in a newspaper in general circulation in ihe roomy. Then, if Mr. Intra wan knowingly and willingly a candidate lor that office, and after the election, recogmaed tho action of his friends in bring-ing him lorwnrd and aupporting him at the election, although, pcthnpe, anch knowledge and re-cognition mnv not,of themaelvea, be conclusive oa to the question ol residence, yet they have a strong bearing upon thstpoini, and servo to show, at least, what he considered to bo his rights in reference to thnt question. Ill order to do sway the concluaiona which uitist nccoaarily be the re-suit of audi a state of facia, testimony has been introduced, on Ihe pari of Mr. Datea, for tho pur-pose of showing that he waa voted for as a candidate without hie consent, and for the mere purposo of defcaiing Iho oppoaing candidate. Dm after proof of the facts coitsiiiuiing tha estsblislied and universally received indication of consent, in such cases tins been made, ihe neceaaary inler-ince can only be repelled by evidence of decided anil conclusive character. In taking Ihe testimo ny, the coniinillee, to preclude lha least imputation of unfairness in that respect, sllowed to Mr. Datea the titmnat latitudei permitting him to introduce avidenco of hia own doclarationa mads in liia own favour, and which, under a plain and salutary rule of evidence, would be rejected aa inadmissible. Other declarations made by him, and which are not liable to thia objection, have also been proven soma of which have already been adverted In, Uriah P. Coonrod testifies, that four or five waeka before the election, hoheatd Mr. Daicaaay, he would not aerva 11 elected. John Staub slates, that in September, ha heard Mr. Datea aav, that ha did not wish to hava lha office, ss ha did not intend to remain in the conn-Both ol tha last namtd witneasaa testify that they aapportes) Mr. Bates, and voted for hint at tha etaeiioii, John Uoedia also taatifiaa, that three or fonr waeka before tha election, Mr. Bates told him that h did not consider himself a candidate. it ia alao in proof, that some two or threa days previous to Ihe election, there was a report in cir- cuiaiwo, taat mr. Mies naa ten too county, or was about to leave it Thia report waa promptly contradicted by hia friends, they alleging that it was a men electioneering story got up to defeat his election, Joel Stone, sheriff of Seneca county, testifies that sometime bofure tho election, ha had a conversation wiih Mr Bates, in the course of which tha prospect! of the latter, aa a candidate, were spoken of) and from what ha said on that occa-non, tha witnesa understood that be waa desirous 01 beiag ejected. Joshua Seenay, a witness called by Mr. Baloc, testinee, that aubsequent to Ihe nominntion lio had a conversation with htm, in which tha witness endeavored to aaoartain whether he would oonaent to remain a candidate, and that Mr. Bates gsve him no satiafuotion on lite aubject. . These are all the declarations proven to hava boon mado by Mr. Bataa previous to theoleotion, in relation to thia position as a candidate. It ia to ba observed, that tha doclarationa proven by Ititn, wero muds only to hia own friends and that, notwithstanding all this, they git him their support and voted for him. It can hardly be conceived how this cauld be. asaept wa go upon the presumption that Mr. Dates afterwards gave hiseonsent to continue as a candidate, or that from the equivocal manner in which these doclarationa wars made, hiafrionda had good assurance 10 believe, that it would not be difficult to overcome hia modesty, or any icrutilrs which he may have had upon tho subject. Now, had Mr. Bates been really desirous of withdrawing from the contest, it would havo been no very difficult matter to do so. A positive declaration to that elfect, made in public, would hove produced the desired result or what would hsvo been still more cortajn in iis effcci, a abort notice in the Sandusky Clarion. But neither of these modus was adopted. There is ovidenco of other declarations of Mr. Bates, made after the election, which have a bearing upon thia part of tho case but aa thoy are mure directly connected with another branch of it, thoy not be noticed here. It appoars, in addition to what has alroody been staled, that at Ihe close of tho term of the Court of Common Pleae in Seneca county, in Seiitembcr, 1835, which terminated on the Siilih, Mr. Bates went tn Findlay, in Hancock county, and woe there on the 47th. The Court sot on the next day, and he remained during tho term, which Insicd two or three duys. The next account wo havo of him is at tho Court at Defiance, in Williams county. He wns there on the first any of the term, which was Ihe 5th of October. Ai Defiance is ihe only place within the district which Mr. Bales represents, to which there can bo any shadow of claim aa the place of his residence at a sufficiently early period to have rendered him eligible, at tho taat annunl election, to thu oliico of Senator for that district, it will be uecessary to give the evidence upon that point a mora detailed examination than it might otherwise merit. It appoars, from the testimony of Joel Chapman, that he kept a tavern in Defiance, and that on Monday, the first day of the Court, Amos Evans old Ihe witneae that Mr. Batca would probably want to board with him. On the next dny Mr. Uatos himself spoku to him for buarding. Ho said he wished to board there! year, us ho should want to make that hia home when he was at leisure to be there. He accordingly engaged hia boarding there for a year, by the week; that is, that the time actually spent in boarding there should be paid for, and no moro. Mr. Bu'.ea, at that time, had hia lodging at another house, and did not go to Cbauiuaii's to board whilst he re-msincd at Defiance at that lime, lie took some articlca of clothing, which be had in his aiiddle-bags, to Chapman1, and left them there. The wnuess further atatea that Mr. Datea left Delianco in a lew days, to attend Court in Wood county. Chapman statca thai he occupied Ihe house he waa then in until February, IU3I1, and that Mr. Bates boarded with him up to that lime. On his cross-exsuiination by Ihe committee, he ststes that he doea not recollect that, up to that time, Mr. Datea boarded with him more than one week, and that was when be lint relumed to Defiance. Thia return of Mr. Dates, aa appcara from oihar evidence, waa about the last of October or first of November. When Mr. Dales was shout to leave Defiance, at ihe closo of the term of Ihe Court, he stated that he should go to the Msriou Court, and return by way of Tillin, and bring with him a pari of his goods, and leave the bulanee until there should come a auow. There is no evidenco that, when he did return, bo brought with him any of his property. Amos Evans testifies that, when Mr. B iles wna at the October Court in Defiance, he told the witness that he wished to tuko up his residence somewhere in that distriot ; that he liked the aituation of Defiance, and ahould claim that aa 'hie place ol residence from that lime forth. At 111a closo ol Ilia Court, which continued two or three days, he stnrted to attend the Court in llonry county. Here he informed William Sc-inuns, one of Ihe witnesses, thnt he had engaged his Board at Defiance, and that ao aoon aa the Cuurta were over he would remove his library 10 Defiance, and remain there. Ho waa next at tho Court in Wood county, which ant un Ihe 12th of Ociober. Hero he aisled lu John Kagnn, that he still resided in Tillin. It is slso proven by John Be1!, one of Mr. Dates1 witnesses, w ho aaw himst the same term of thai Court, that ho stated to him that he had taken up hia residence at Defiance. Thence Mr. Bulea returned to Tillin, wna ai the Clerks office on the Wrlior 15th of October, (the election having taken plucenn tho I3ih,) and thorc ascertained the result of Ihe election, and made the doclarationa ol hia indifference aa 10 Ihai result, snd hia intention to leave Ihe county soon, aa before ahown. He remained in Tillin during the remainder of ihat week. In llns time James lloyd, anoiher witness, had a conversation with Inm on the subject ul the election, in Hie course of which the witnes! expressed Ins regret that Mr. Bute! wui not elected. Considersblo conversation wss had beiween them on the subject, and, from thu general tenor of whnt Mr. Hates said, the witness understood lhat il ha had been elected it had been hia intention to remain a resident of tho county. Ho further aaid that ho interned 10 leave Tillin. Joseph Mason lestilies lhat, some lime ifier the election, he saw Mr. Bjicb at hia office in Tiffin, and transacted business wiih him. The result of the elccilon was spoken of. The witness observed to In in that he had been unsuccessful in hia first campoigu. llu answered that he had, thuugh hecaicd but Utile about it, oa ho intended to lenve ihe county at any rate. On the 19th day of October Mr. Outra waa at the Court in Sandusky county. Kdson Ouil testifies lltnl he ihcre hsd a convuraution with him lit reference to hie having been a candidate lor the ollice of Prosecuting Attorney fur Seneca couu-lyi thai Mr. Botes remarked thai il thoy had run him, il waa without hia consent, sud must have been done out of nicro opposition, as they must have known lhat he had gone 10 the west to live. This declaration waa mude only a few daya after he had ascertained not only thai ho wna run, but had come near being elected. And aa tn the knowledge which lha people of Seneca county, or even his friends, possessed of hia removal to the Weal, there ia no proof of it; but on lha contrary, lite evidence eatoblishea such a state oi facts ss would hardly wurrant such a belief : nor doea it appear lhat any one entertained such an apinion. On Sunday, Ihe 25ih of October, Mr. Bales left Tiffin in company with Joseph Howard, 10 uiiend the Court in Marion County. On tha way he stated to Mr. Howard that he intended to aetilo at Defiance, but lhat, for some time thereafter, ha would be a fort of the lime at Defiance and part alTilfini lhat he, at lhat lime, had no settled place of residence, and should not leave for somo time to come. Mr. Dinoe wua at Morion two or three days, and then went 10 Defiance, where he remained a few days, and then left the place 10 attend Ihe Courts in Allen and Putnam roomies, the first of which wns held on ihe 9th, and Ihe last on Ihe 12th dny of November. It is fully proven, lhat in lha aummor of 1835, Mr. Dates had intended to romove from Tiffin to Kalidn, in Putnam county, and had employed a person to go there and build a house for him. The brick were made, but iho house was nuver built. Peter Timmons, Ihe porson, who was em- Cloved to build the house, lestilies, that before Mr. nice losl his wife, which happened about the 2M of September, aa appears from the testimony of another witness, it was his intention to remove loKslida. Heanys thai Mr. Datea waa at Kalidn on the i'Jth of September, and then stated that ha waa in doubt whether to reaide there or at Deli-ance, but that ha would stay there a while at any rale. From tha testimony of aeveral other witnesses, citizens of Kshda, examined at lite instance of Mr, Hales, it appears that in June, 1835, he purchased lota in thai town, and aaid that ha intended tooomo there to reside. . And further, thst ha waa there at tha November term of ths Court, and from that time waa a resident of Ihe place, and had hia office then until lha following spring or summer, when he removed to Defiance. During hia residence at Kalida, he was occasionally absent at Defiance, a day or two at a time. We have it from the testimony of John Ragan, that about lhe25th of November, Mr. Batea called at hia nouae in Crawford county. The witness aaked him if he had yet concluded to live at Defiance? Mr. Batea answered, that he had not yet fairly made up hia mind, but rather thought he ahould. Thia declaration corresponds with the one which he had before made to the same person on the 12th of October, at the court in Wood county, viz., that he still resided at Tiffin. The next day, ihe 26th, he was in Tiffin, whither he aaid he waa then going, and transacted business with Joel Slone. John C. Spink testifies, that he saw Mr. Batea at Defiance, ot the spring term of the Court, in 1835, and understood from him and others, that he had made arrangeinenta to go there to reside. Some time between lhat and the fall torm of the Court he met with Mr, Batea again, but doea not recollect where it was. Ho waa then requeued by Mr. Bales to order a trunk of books, which the latter had forwarded to Defiance, but which had been delayed at the head of the iVJaumee Rapids, to be sent back, stating, at Ihe some time, thnt he had changed hia mind about going 10 Defiance. Mr. Spink did order Ihe booki to be lent back, agreeably to Mr. Batea1 request. 1 It further appears, by the testimony of Charles W. Foster, thai in the winter uf 1835-0, he saw Mr. Bates at tha town of Rome, in the western part of Seneca county, wiih a sleigh and horse. Upon Ihe sleigh he bad a book-case or secretary. He asked Mr. Botes where ho was going, and received for answer, that he was moving west to Kalida. Witness had somo further conversation with him in telation to the loss of hia election. Mr. Bates said, that he did not care much about il, os he hud intended 10 move west if he lost it. It nppeara proper to state that all the evidence in relation to the occurrencca and convprsationa in Putnam and Williams counties, haa been de-rivod from the witnesses examined at Ihe instance uf Mr. Bates. Your committee having now called the attention of the Senate to all Ihe mnteriul portions of tho evidence, it remains only for them to slate tho conclusions to which thoy have arrived, alter a careful, and, as thoy believe, a candid, examination of the whole case. It appears, then, that in the summer of 1835, Mr. Boles had formed (he resolution 10 remove from Tillin 10 Kalida. But this resolution he was, of course, at liberty at any time to change os circumstances or hia own interests might require. That his determination to leave Ihe country was suspended, at lenst, upon his nomination as a candidate for the ollice of Prosecuting Attorney of Seneca county, ihere is scarcely room to doubt; and that the carrying of it into execution waa made 10 depend upon the result of the election, seems to be placed beyond question. The length of time thnt ho wus before the public aa a candidate, and hia negloct to make use of theordinnry and obvious means of withdrawing from the contest if ho occupied that position against his will hia declarations before and aftor the election the fact that hoatill continued, for a considerable length of lime afterwards, to keep hia office in Tilfin.nnd to transact hia business there as usual, all conspire to drive us to the conclusion, not only that Tiffin was his actual place of residence until tale in November, but that he recognized it as audi: and especially doea lha declaration which ha repentedly mode afier the election, viz., thai ho intended to leave the country, show that, in hia own estimation, his change of residence was an event which bad yet to tuke place. Nor is there any discordance between that opinion and the facta upon which it was founded. If we could suppose that Mr. Dates considered himself aa not being a resident of Ihe county previous to, or at the time of ihe election, then, in view of the proof that he waa deairoua of being elected, and would have accepted the office had he auccceded, we ahould be forced to the conclusion that he intended, in the event of hia election, 10 proclico an imposition upon tho people of that county, by Ihe arccptance of an office, which ho would not have boon entitled to hold, by reason of non-residence. But the evidence effectually shields him against nnv such imputation. (laving, in consequence of hia failure to be elected to the office for which he was a candidate, determined to remove from Tiffin, theqiioation, although of minor importance, may be asked at what time and to what place, did Mr, Dalea remove? It haa been aeen lhal, in Juno, 1835, he purchased lots in Kslida, and then said it was his intention 10 go ihcre to resido. He afterwards employed a man to build a house for him, at that place He waa there again Ihe last of September, and staled that he wus in doubt whether to romove to that town or to Defiance, but lhat he should slay lliere a while nt any rale. Accordingly, about the 12th of November, he arrived at Kalida, and resided there until the following Spring or Summer, and then removed to Defiance. The occurrences which look place at Defiance in the early part uf October, IU35, do not, in the estimation of your committee, materially affect the main end prominent fen lures of the case. Were they considered by Ihomselves, wholly unconnected with Ihe other evidence in the esse, it is conceived that they would not, even then, form a aiillicieiit fuundution to auataiu a claim of citizenship. Residence implies something more than a temporary visit on business, although a claim to it mny be made at the eume lime. Acts, and not words, are required 10 constitute it. For authority on this point, the following definitions, taken from Webster's Dictionary, are referred to: "Haidc To dwell permanently for a lengih of lime; tn have aaettled abode for a time. "Hcti-dence The act of abiding or dwelling in a place for enme continuance uf time.11 The provision of the Constitution governing this case, was placed thero lor some useful purpose. That purpoae undoubtedly was, to give lha electors an opportunity of becoming acquainted with the character and qualilicaiiona of the candidate, and that he ahould become acquainted and identified with lha people of tha district in feel ing and interest. But if a mere attendance of a few daya at Court, accompanied with a claim of residence and a deposit of 1 few atticlea of clothing, followed by an aciual residence in another place for the term of six months, and then a return tn the place at which the claim waa made, are sufficient to eatablish a right of citizenship ol six months1 standing, it would eatablish a piinri-ple wholly destructive of the object of thai provision of ihe Constitution. If an interval of aix months, under auch circumstances, should be considered a matter of no consequenco, then, up-on the same principle, an iutetvul of u year, or eighteen months, would be liable to aa little objection 1 ao that, by thia process a peraon might render himself cligiblo to the ollice of Senator in any district in ihe Siste, without being in il more than I wo da; s viz: the first and ihe last of the period of two years next preceding ihe eluction. But thia is pulling a case somewhat stronger thun Ihe one before us. Had Mr. Bales, when he actually removed from Tillin, gone to Defiance to reside, Ihen it might be claimed, with much more plausibiliiy lhan it now enn, thnt his residence commenced there on Ihe Silt of October. Then would there have been some apparent connection beiween the two acta. But inaiead of doing this, he carried into execution hia original design, by removing to Kalida. The eommitieo will 1101 undertake 10 nasign any probable reasons lor the course which Mr. Bales pursued ai Defiance, lest thoy might be mistsken, and thereby do him in justice. Your commilte are of the opinion, thai tha whole evidence of the esse very clearly show s, lhat Mr, Holes did not become a resident of the district in which ha has been elected a Senator, until alter the I2ih day uf November, IU35 and consequently, was not eligible 10 that ollice on tho lOih, being Ihe second Tuesday of Ociober, 1837. They therefore recommend the adoption of the following resolution 1 JttioiW, That Curtis Datca, Esq., is not entitled 10 hold the office ol Senator in lha General Assembly of this Slate. Mr. 'nines, from Ihe Standing Committee on Finance, made the following Report 1 Tha Committee on Finance, to which was referred tho communication front the Auditor ul Htnte, asking the passage of an act, explanatory ol the law for the distribution of this Stale's portion of tho Surplus Revenue, report: Thai Ihey have examined the various provisions of the Act referred to, and have considered the different constructions given to it by tho county officers having charge uf the Surplus Itevenue, Some of the ooumiea hnve paid into Ihe Treasury the full sum uf five percent, on the suma received by them 1 othera have computed the aura at Ihe rale of five por cent, per annum, from the lime of receiving the money, and a few have counted il at interest from the lime the principal sums were lent to individuate. Some county treasurers have (laid Ihe money into the Slate Treasury, and many iava morcly returned 1 atatomcnt olthe aum, and clnim a right to account for il aa paid by them, end yet retain il for diairibution in their respM-live counties. Tha literal meaning of Ilia act ia clear, that each county treasurer shall pay 10 the Trcaaurar of State auch aum aa will ba equal to five per oent. on the amount received by hia county under aaid act. Bui, aa thil ii the annual aum to bi paid by the counties, it waa, perhaps, not contemplated that the counties should pay ihe full mm of five percent, for the year 183?, aa ths deposit!! were held for only s portion of lhat year. Tha officer!, however, do not eeem to be vested with auy discretion on thia point, and, unleaa the law be changed, the countiea must ba charged with the full eum of five per cent. Such a construction will, however, require aomo of tha conntie! to aav a larger aum than they have received for inters!, and auch will be the caae with all countiea where portion! were lent to the State of Ohio for tho use of the Canal Fund. If it shsll be determined to order the money to be paid into the State Tree-aury, the cummitteo would rocommend that tha countiea should oil ba charged with intereat alike rale of five per cent, from the first day of M ny, on the first and aecond intalmente of Ihe Surplus, distributable prior to that dstr, and with interest on the third instalment at Ihe aaine rate from tha first dny of July. The law providing for the distribution was passed in March, 1C37, and waa speedily distributed to every part of tho Slate, The first payment made to any of Ihe countiea, waa on the 17th April, and by Iho first doy of Mny, about two-thirds of the sum had been psid by tha Treasurer. But th! committee propose another mode, which will produce mora equal effect, and avoid other difficulties. . , The County Treasurers have, in many etMs thought themsrrve aathosiaed to rawalWiiiiis, own tronsunea tne nve per cent, due to the Slate, and merely account with the State Treasurer, as for so much money received for iho use of schools in their counties. In future years, when the County Treasttrora will bo receiving their distributive portionsof the revenue arising from the Surplus, they tnsy ihen account with the Treasurer, and pay or receive the balancea, as the sum! du! to thoir cnuntici may happen to be greater or lese than the sums due by them. The eighteenth section of the act doea not relate to the distribution 10 be made front the Stale Treasury, but only to the application of the fund in the several counties.The counties ore not to be regnrded as the owners of tho fund, but aa agents for ita management. They are to be bound at all event! for tho payment of five per cent, to the Tremurv, !ven if the next income of their fund be less than that, and the whole revenue thus provided constitutes a common fund for distribution to tha whole Stale. Thi 17th aection of the act directathat the money ahnll be paid out to the respective countioa oi other echool money! ate paid. At the time the taw waa passed, it waa regarded aa neccssory that further legislation should be had. No rulo has yet boon provided for the Auditor to make the distribution. The acts in relation to school funds have provided various modes. The Common 8chool fund is to be distributed according to tha number of while moleinhsbiisnti in each cuuniy. The Western Reserve school fund, and the United Stales Military ichuol fund is distributed according to the number of children in eachi and the Virginia Military achool fund ia distributable to ihe cnuntiea according to territory. Among these various modes of distribution, the Auditor might be embarrassed which to adopt, and it seems indeed that he has no authority to mako a distribution at all. Leaving the future distribution to be provided for in the hill regulating Common Schools, the commitlee have ihuught it beat to report ! bill, giving to each county the eum duo by it to Ihe Treasury on the first of January, 1838. Aa many of the counties have msde noar-rangements which require this money for the usa of schools at prcaent, a favorable opportunity ia offered for them to lay the foundation of permanent county funds, by vesting the sums now distributed to them, and causing Ihe profits to be accumulated. For these purposes, they report a bill. Mr. Vanmetke, Horn the standing commitlee on Ihe Ponitentiary, mado the following Report: The standing commitlee on iho Penitentiary, to whom waa referred to much of the Executive message ai relstes to that subject, now submit Ihe following Report: In pureusnce of an ealablished custom, your committee visited tha prison for the purpose of looking into the nccounta of the Warden, and examining the condition ind police of Iho inatiiu- tion. The hooka ire kept in ! plain and simple form, and with remarkable neatness and accuracy. They are sustained by vouchera, and correspond with Ihe exhibits transmitted to the General Assembly in Ihe annual report of the Board of Di-roctora.After a thorough examination of the building, and a survey of ths workshops, wa find them in good order and well arranged. The building, which ia nearly completed, is believed to be inferior 10 few prisons in extcrnsl appearance; while it ia, perhapa, inferior to none in us adaptation to the purposes for which it is designed.The general regulations of lha prison, are well calculated to insure the safety, good order sud constant labor of the convicla; while their voca-tiona are ao judiciously diversified as to render that Inbor ihe moat effuctive. Il is 110 lunger problematical whether the institution can austain itself without drawing on the Stale Treasury. The annual report of the directors exhibits the gratifying fact, that exclusive of the large amount of labor performed for Ihe Slate, the aggregate earnings exceed considerably Ihe entire rxpenaeaof Ihe establishment for Iho Inst year. The community at large are no longer taxed for tha punishment of crime within our Stale. But while the rights of lha public are secure from violation, and he auffcra the penalty of his crimes, the perpetrator is msda to contribute lo his own support by his own labor. At the same lime hia situation is well calculated to inapire reflection, and lead 10 reformation. The ameliorating inlltioncra of lha age in which wa live are no longer counteracled by avarice; but ihe mild spirit uf our laws, which shrinks from laking away the life of a human being, except lor the most at-trocious offences, may be indulged without a pub-lie burden. Convinced thnt the prcaent pmsperona condition of the institution ia mainlv owing to the zealous and well directed efforts of tha Board of Directors, aided by lha energy, akill and judgment of lha Warden, your committee cannot, in justico 10 those gentlemen, withhold tha expression of their entire approbation. On the efficiency of ihe Wardon, henceforth, in a great measure, must depend the success snd character of the prison. His office is one of high responsibility, and requirea for a proper discharge ol us duties, a combination of qoalniea not oiten met with in the Mine individunl. Your committee would therefore suggest the propriety of attaching auch a salary to lha office, aa would in-lure the services of a suitable individual. Tin present compensation is considered inadrquate. Your commitlee, therefore, report t bill for thai purpose. Ltlltr from MtrrhanU of ClttrhnJ. Ftaauaav 22, 1838. To Johs A. Foot, Esq., Member tj the urte of &menta(im; Sir. Tho undersigned, Forwarding and Commission merchnnis of this city, engnged in the irsnsportstion business on Ihe Ohio Canal, have been informed, dial chnrges have been made, and thst reports are in circulation, prejudicial 10 the acting commissioner, Lesndcr Rsusom, Esq., and resident engineers, ll.iwe and Price, in relation lo their management of the Ohio Canal, during the past season ol 1837. Tha largoBl proportion of boats running on thi Ohio Canal, ire owned ind mnusged at thia place. Several hreschea occurred in the early pari of ihe season ol the north bend of ihe Canal, but were repaired wiih great promptness. Although these occurrences were very unfurtunete for us as transporters, we know they were beyond the control of tho officers hnving chsrge of the Canal. On the pari of the Commissioners and Engineers, we have neon with pleasure, a great anxiety to keep Iho Cannl in repair and good boating ordert and believe it haa been so kept to the extent of their ability. In Messrs, Rnnsom, Hows and Price, wa hava tha utmost confidence aa men of integrity and capacity to mannge the Ohio Canal 1 and wiih them we are perfectly aalislied. We believe it ia unjust and improper 10 impugn tha conduct of those gentlemen, with respect to their management. Wa are satisfied there has been no neglect on theirpnrt. We offer, through ron, our views of these gentlemen aa agents of the Stale, and have to request you to print them, either ih rough the public prints or otherwise, as you derm lit In them. Keapreiiuiiv, your obrdieni aervanti HUTCHINSON, (iOODMAN, V CO. OHIKKITII &. STANUERT, TUFTS ft PARKS.. RANSOM, BALDWIN, eV CO. H'WIATTA NAII.N. TWO HUNIIKKD Kets, ssanrted. Juat rsrelved. and for sals by M ELVAIN, IILNTEk 4 CO. WHERE IS IT? We have seen a atitement of the condition of tho Ohio Life and True! Company Bank, on tho 4th of Feb., 1838. Two items of its indebtedness struck me with some surprise. Its calculation consists of the following items: Notes subject lo immediate specie redemption, J78,8I5 00 Checks at 12 months, $350,570 00 $449,185 00 Hare is 1 circulation of nearly half s million, and yet il ia no more Been in our bueineai trana-actiona lhan gold and silver. Who holda it? Il must be in tho hands of the farmers of the country. They alone lay up money and they hoard that in which they have moat confidence. On Ihe 1st December, 1837, the circulation of thia Bank was $90,235 00; every dollar subject 10 specie redemption. Since that lime, the twelvemonth chocki were issued. Can any one doubt the beneficiol effect of this moosure upon the great staple business of the city and surrounding country, at the period the opetation took pluce? Another fact has met my eye, in looking over tho reported affairs of thia Bank. Its circulation, at tho Buspension of specie payments, in Mny, was FIVE HUNDRED THIRTV-NINE THOUSAND, TWO HUNDRED AND EIGHTY DOLLARS. It hsd redeemed on the first of December, all of this, but ninety thoutand, lira hundred and thirly-Jitt doiiari. It had alao reduced ita private depositee upwards of one hundred and twenty thouaund doilafa, whilst it onlyrtdwed iis diicouiitt ttco hundred and Jijly-fow ttoiuand dollar!. During this time, with Ihe exception of thirty days, it paid specie. These facts may be of some value to such as really believe an Institution liko the Trust Company is an evil in our community. Cincinnati Oatette. Ohio Lire InBtiaAttcE ino Thust Cohfant. Wo hove beforr us the third annual report of this Company. It is too voluminous and complicated to suae, in dotail, but we will give the important results. In the genoral account of the institution: 1. There iB an actunl capital omploycd of $3,-565,931 68; of which $2,(KH),000 are the original capital; and $1,459.652 68 are depositee; the residue is made up of miaccltaneouB items. 2. Of this capital $2,071,754 31 arc loaned nut in different pnrts of the Stale, on bond and mortgage, and $625,614 60 compose Ihe banking capital.In the banking account, il appears: I. Thnt Ihe circulation is $110,630, and the rperie is $133,778 32. This bnnk has paid specie uniformly, except during 30 days immediately subsequent to the general suspension, which delay was allowed by tho charier. I. Discounts an $865,893 56. 3. Depositee, and due to other fundi ind binks, $605,240 84. 4. Fundi on hand, or in transitu, $360,197 02. 5. Suspended debt, $112,692 83. It appears, also, that the Company have collected for others, $1,012,567 IB; and that it has bought $1,938,642 88 in ercAongf. Tho fact that the Company haa continued to pay ipecit for ita notes, is conclusive of its solidity aa a banking inalilu-lion. Cinrtnnafi Chronicle. Natioxal FouswtY. A few weeks since we aimed ihe advantages of having thi Weitern Armory, which, ai we underiiind the matter, is greed upon located in Cincinnati, ere it waa token no notice of; yet it aeems others, whether from this suggestion or not, havo not thought it an unimportant matter. In a Baltimore American of a few days since, the point is argued, si length, in favor ol Baltimore, aa tha aite of a AalionaJ Foundry. Soon after, ! lnrge public meeting waa held at Richmond, Hrginia, at which Governor Campbell presided, setting forth the claims of Richmond. Now, whether it be 0 National Foundry or a Western Armory, we claim it for I'liiioiiiimi. 1 u me great central point Ol tne Union and here sooner or liter, ii to bi the sent of empire, and sites which sre to bi selected for futurity, may oa well be placed right in tha first place. Cincinnati Chronicle, We should have alatrd before, that proposals hava been iaaued by J. D. Nichols, of Columbus, for anew monthly paper, to be entitled the Haa-PERlAtv. Il will be edited bv Willism D. Gallaoher and Ot way Curry. The nsines connected with it, guarantee mm 11 win oe well conducted. The first number appenra in April. Tetine, five dollars per annum. We hope the friendsof literature in the Mississippi Valley will come to the reicue. tin. Daily Aciei. CROt'ND TO RENT. THE suhserllier wishes to lesse nsrmsnenily 10 some one who will iinpiove it. twenty feet of around nc.ri opposite Russel's Hotel. He would slso ba willing 10 lake lbs neper part of the building la payment of the rent. rerz7..w7l N, H. 8WAYNE. POSITIVE NOTICE. TTAVINO dUinesd of my stock of Uoods, It becomes XI neceaaary that I should does mv outstsndlne debu. without daisy. Thersfors, all persons Index ed 10 me. win piense can ana sstils the same Immediately, and nbllgs " I T. U. OLMSTED. PROSPECTUS or ths rocaTU voLvxa or Tret OHIO FARMER A WESTERN HORTICULTURIST: FiHUM ml Cs'saiess, OH: by S. Msoaav. IN rmnmanrlng Ihe fmirlh volume of tha Otis fmrmtr, the proprietor announces to his patrons and tha eulille. that he has made atrancemenli which he trusts will more fully Insure its sueerss, by placing Its editorial department In Ihe hands of A. . Ciuw, Esq., whose leisure and op. imoMimica, 11 cunnuenuy oeifSVM, quality bint for Ilia usk. The proprietor la willing lo encounter ths dlitculil- sitendlng lha pahlkatma of an Ag-lrultural paper, ba causa lis believes ibsrs la no occupation mora honorable lhan tha cultivation of lbs eoll and no science, la lint de-vslopmenl of Its details, mora pleasing and ennobling to Hie mind lhan agriculture. He therefore determined 10 persevere In despite of dieroarsiemenla. truatlns thai tha nllgbtened farmers of this country will appreciate hia c. - ra m.ie 11 m lanor. The fourth volume of lha Farmer will therefore he commenced on the 1st of Jamarr, I8.W1 and theproprl-Slor appeals 10 lha friends of the enterprise lo ssslst him with their correspondence, snd to aid blm In lu circulation. He hopes to make hia pa per useful lo all elaaees of nnivNusis, aa wen ine msrehanl, the mechanic, and am-fraetonal maa, as those engared In aarteullural and bnnl cultural pursuits for k will ba his aim not only 10 Improve lbs soil, but to cultivate the minds of his readers, by endeavoring to Inculcate emnd prlnrlplaa of morality, of Industry, and of virtue. He even believes lhat his pa-per may ba made Initiative and aaiuslnt la the noun, elaa.hy withdrawing his mind fora few moments from the dlsrordant eleshlnrs of party warfsrs, to the calm am dlgnldrd pursuits of hushsndry. The paper will be devnied lo ngrkiillural pursuits; at.. dsr which general head Is comprised Hie pea per culture af tha soil Improvlns live stock dissaaea of animate Improvement in the collars of garden snd Held vegetables, snd of agricultural and garden Implements domestic economy botany geology nstural history rhsmlslry, and Improvement. In the mechanic arts the culture and aisnufariare of silk, and of sugar from the beet, and In general all suhjerls tending to develops Ihe resources of rural Industry To thaas It Is also Intended lo add occa atonal essays on common school education, under tin belief Ihsl Hie beet way of Inrraaalng the agricultural wealth of our people will be la Improve their minds. In sddlilon, tha prnprletnr Intends to silvan his paper, and 10 Illustrate tliesul-Jeets embraced In It by cms, whenever the sohsrriptlonB lo 11 msy be found to Justify tha Increased expense: and ss tha sslnlillsliment and eonllna-anenof lha paper atceady necessarily Involve a heavy sx- r , - ,..r.-,,, patronage si snnclled and eipecled. It Is bsltsvvd that this papar may be madsvslualde and In'ereMIng to Ihe rrel.l.nl. of all portions of lbs grsal M Issbalppl valiey. Il la therefore the aim of tha .,nu. tor to Introduce Into Its columns article, which mav prove to be aerial tn all. lis win not eprelfy say particular In-lertal In agriculture, which he will specially advocate, si. eepl one which Is common lo most parts of this district. Hie entile bounces. He Invites tin rorraspondsnce of any persons sntagad In tble bueh.aee, who hava any I bin. in communicate which Ihey Judge will be valuable to ths pu-ik, en mimt invuee ma rorr.pond'-nrs of sll thoes whese communications will Sid In Improving sny branch of husbandry-will ss.hu In developing the resources of tha tlreat Weal, or will aid ths proprietors of lha soil, and Ihe emigrant, In extending civilisation and good bus- TERMS' Tie Otis Fsrsiee eai SJ-..I. ir ..i,. (si Is published Iwles s month, al the low pries of 11,11 a year, la adrsars. Il Is tnibltslwd al thai low price 10 anroursga Us circulation, and lo promote agrleultaral science. Il need not be said that at this pries, tha proprietor realises but lllile, even when payments are punctually made In advance; and that a compliance wllh Hits rvqul-alle will ha strktly rrqnlred. All notea on aolvrnt Hanks reeslved In payment. Payments may ba made by mall it lb. rl-k nf the proprklor, ces mf n.tm,,. Pereone obtaining nve suharrtlwia aball rec.lv. Ilia rith ropy gralla. or for iUM aliall receive lwenly nve copies, sent la Ihalr directions. loiters oa buslnesa most as directed la Hut Pabllshar; eommunkationa, to tha Editor. All ad Mora, poet taut ers.and officers of Agrkuharat ao. del lee. will plaass to set aa author laad stems. Moors who wish lo receive the 4th volume of the Fermor, will plaaaa publish tha above, and forward thssi papers tor exchange. UutuSae, Fat. t, lUt. Cliktos Bass: or Commios, aaaary 3, 1838. 'Joua A. Bsvah, Esq Judittr OA1.: Bib: I herewith trsnsmlt a correct statement of the condition of the Clinton Bank, as it existed on Monday, ths 1st last, attested ss prescribed- by the Charter. J. E. JKKFOKU8, Acting Cashier. STATEMENT OP THE CLINTON BANK OC COLUMBUS). Mnt, Jn. 1, 1838. MEANS. Note, and Blllsdlscoanted 334,4fr9 40 Banhlni House, 8,ISO 25 Due from Eastern Bank 12,004 84. Do. Western do 5,10)1 50 Eastern Bank Notts 3,020 00 Wealsrn do. do., 23,748 00 Gold and Silver, fJXt 64 459,914 53 I.t Antl.tTlRn Capital Stock paid In, Contingent Fund,... Front snd Loss Due Eastern Banks, Do. Western do.,.,.,... Deposites, ,.(300,000 00 .... 15,000 00 138 82 B39 33 6,001 88 .48,628 50 CIRCULATION, VIZ.: 41 Bills. ....f3,649 tl do., 03 do , 5 do imvs. 4,710 37JH5 7,480 5,340 2,100 f 10 do ftO do fit) do 62,888 00 ..25,680 00 Post Notes 5 Bills,. 4ffll,914 63 1 wliu.b me. .114 uoj ui January, 1838, William Nell, Esq., President, snd I. B. Jeffords, Aclint Cashier, or thu Itllnlnn H,a nt rni...k... .-j Purannnllw bkhhimI hA ..a tkt. i.t -. . . made osth thnt the shove Is a correct and true ststenient 01 me condition orsaio nana on the tint Monday or this month, sccordins 10 Ihe best ot their knowledge snd belief; and in witness thereof, they have subscribed their bands, before ms, THOg. WOOD, J. P. Attest: WM. NKIL, President, ). a JKPFOKDtj, Acting Cashier, CltBTtin Bass or Columbus, January 3, 1838. ( We. the undanUnail. nirtn r ih. i nn,n- n-..k - Columbus, do certify and declare that the accompanying .xcumi. 1 cuiicc, aim accurate, to the best or our snowitdgs and miisr. WM. NEIL, WM. L. BIII.LIVANT, II. W. PKSIIt.KIt, N. II. HWAYNE, B, LATHAM, P. VOOKIIEE8, alareti I . .vr3t J. HTONH. 1838. LAKE ERIE Steam Packet SANDUSKY", T. J. Titus, Mailer, will run reiularly between Biiualo and Detroit, during the prewnt season, agreeably with the following arrangement: Unit Bufnli mr Dilroll, Wednesday, May 2 Lmn Dtlnit fir Btitli, oaturday, May Friday,-Thursday, Wednesday, " Tuesday, Monday, June Sunday, Saturday, u Friday. m Thursday, Wsdnesdsy, July Tuesdsy, Monday, Sunday, m 6 Tuesday, 11 17 23 29 4 10 18 22 28 4 10 18 22 28 3 9 15 21 27 3 8 14 20 28 I 8 14 Monday, Sunday, Saturday, Friday, June Tliuraday, Wednesday, Tuesday, Monday, Sunday, July Saturday, rrlday, Thursday, Wednssdsy, Tuesday, w Monday, August Sundsy, Sslurdsy, Friday, Thursdsy, u Wsdnesdsy, Sept. Tuesday, Monday, Sunday, m Saturday, Friday, Aug. Thursday, Wednssdsy, Tuesday, Monday, m Sunday, Sept. Sslurdsy, Friday, Thuraday, Wednesday, " Tuesday, Oct. Monday, Sundsy, Saturday, Friday, Oct, Tbarsday, Wednesday, " The Ssnduaky Is propelled by i superior low pressure tnglne of grest power. 1'hs superiority of this boat generally, the ability and gentlemanly deportment of Ihe Maatar, Is wall known to the paMle. In additloa to liar former large aeeommodatnne, she haa eight new stale rooms, with three berths sach. For passage, application to be msde oa board, or to Hon, Palmer at Co., Buffalo, Willie A llurlbal, Erie, H. Phelps a) Co., Grand tlver. Ransom, Baldwin a) Ca., Cleveland, Holllaler A Boarl, I . . Tnwnsend A Williams, t "dusky, Blaesl at Gsrdner, Toledo, O. Ntwhury A Co., lajtrnlt. Feb. 15..w6mo. CIRCULAR. riVIE late 8rm of CONWAY A AVERY having been X dlaeolvad by mutual eonssnl, B. F. CONWAY, ftba resident partner) has assoclsted himself wllh M. B. ROSS A Co., for lhaparpnaeof conducting a OENERAL COMMISSION and FORWARDING BUS1NEH8, under the firm of M. B. ROMS A Co. Wears prepared to attend to any commends wllh which you or your friends may be pleased to favor as. B. F. Conwsy1. wholo sltentioa will be axcluslvsly devoted la lha Receiving and Forwarding of all Goods consigned lo ue. In tha shipment of Goods rhsvlng no Interest In Siesta Boats,) wa aliall recognise no other interest ihaa that of those whose buslnea may he entrnatsd to our charge. Any orders for the abundant produce of the surrounding eounlry, wa shall at sll limes be prepared to execute wllh despatch, and wa trust, lo the entire BBttefaellon of our Correspondents. Ws are pre pared to afford tbs asaal fsdlltlsson eansiga-meals to our address, M. B. boss A Co. B. F. CONWAY, LalsCoaway A A very. Refer to F. Oomstock A Co., 1 Henry Glover A Co., I Colsmbs MrElvalnt, llunlsr A Co.. Colarabaa. Portsmouth, Ohio, Jan.23, 1831.. wtm. I A CARD. WOULD respectfully Inform lha Inhsbllsnta of Columbus, Ihsl I hsvo appointed Mr. JOHN ARM STRONG, srent for Ilia Bale of Dr. Brandrttlii celebrated Vegetable Universal Ptlla. Tha proper I lee of Ibees rips acs too well known, to need a pnrtkular description. Ths genuine Brandelh Pills can only be obtained of those persons who can show a Certificate, signed by Dr. Benjamin Brandelh, Mr. Armstrong la Ilia only authorised stent for Columbus. No Apothscsry has the genuine. The counterfeit Brandelh Pills are sold by many of lha most reapertaMe llraiii.ls In the West. Cincinnati hasa auaiher of such respectable psrswns, whose nsmes may be seen In the city papers, and whom I have puMtehrd la a hand bill, which may be sees at Mr. Armstrong's, al lha Lion Hotel. Thousands hava tried lha genuine Pills, and readily and warmly recommend them to their frknds. Tha ax U aelve Bale of these Film have canard unprincipled parsons to eounisrfett, and palm oft tbsir vile, poleonons traah on Ilia publk I For ths paltry aum of 2J cents, they expose their willingness to desl In s counterfeit Med. kins. I would no) trust a maa In give me any medicine, after having been deceived snd chcslsd, with a box of three rounurfrll Brandelh Pills. Remember, Mr. John Armstrong Is His only person wlw has ths genuine Brandcth Pills, la Columbus. Office at the Linn Hotel. No Druggist has the genulns. Iir. Brsndeth's Ollice opposite lbs Post Office, Cincinnati. OEO. H. OMAN, flenses! Braadrstliiaa Arent, OaclanaH, Fell. I, TtVtrl. Feb. nt ' (ll-HAItTM-.ltr.llll. ' TAMES MAY, lata of lha houeaofMav A Andos.Thos. Hannn. lata of ths hours of llanna A Polndexlsr, and Henry Henna, hava entered Inta Co partnerebtp, whit the view of transacting a lleneral Agenry, Commie. eton, Urocery, and Produce Builneas, la thte city. In lha bouae lately occupied by May A Andoe, corner of Chan, eery I, ana and Water street, andsr the drta of MAY A HANNArt. Tin subscribers will attend to the reerlpt, salt and pur. etiasB of all kinds of Produce and Merchandise, receiving and forwarding of Goods; they will keep constantly on hand a gsnersl assortment af Groceries, and Pittsburgh manufactured arlklra and are prsMred lo make liberal advances on eonatgnmears. Wa Ira I rem oar expsrknra and knowladga of bas. net. .as welt as axienslvs arquslnranra, hi ba able to give aatut.clioa lo those who may favor ua with their cuitom james may, thomas hanna, Plllibiirgh, Feb. 27. w7l HENRY HANNA. TAKE NOTICE! Vl.l. persons sis forbidden to Huet or rredll Levins Spragae, on my account, as I will not ba answers, ble forthedebteshamay roc Iran aftrrlhla dais. Feb. 2ll,.w4le FREDERICK N. SI'KAnilR. ITHH HlRllhilMiv, T Is proposed lo puldlah In lha course of lha en.nlng Spring, cllner In Hilarity or New Vork.aaaw Wsta" lv P.raa, on an Imperial sheet, by lbs el-ore una, at lbs pries of 00 per snnum, psyalds In advance. Tin onerl of this puMlcsllon la to bring forward lha claims of WILLIAM HENRY HARRtrXlN lathe Best Prreblsnry, snhjert lo the sanction of tha People. As Ihe Slsts of New York was euhVlently pankKk lo hold two Convention, for the pur pom of giving blm lu support al lha recent Prssldenilal ElertkM, and aa It waa universally admitted lhal his claims ware second to nons Mtiers al that Urns, there Is ao good ream why be .tumid now ba driven from ths Held, by the headstrong maasuraa, ar ths ererel Inliktuesof solfennetkuted leaders, wtien a eordlal nton In hia favor will Insure us a glorious victory aver uor pollltcal o per resort. ,- Editors of r.pars will plrsss aobllsh thkt antics. CrsspoMg Committees appointed at the Harrison Slats Coavsnlloo, wui plaaaa act la behalf of I be Proarlttora, to whom all reuses amy ba addressed, aa tal tub lact. Proscar mass will he forwarded la a Aw daya, AlHay, Jxuraarp D. Ifjf M A SETTLEMENT. To the lufoeriberi of the State Journal. THE change of proprielora which took place in thia orlicc, on the 1st of October inst. and its union with another establishment, make it highly desirable, and indeed abaolutoly neceaaary, to close, as aoon as possible, all accounts for subscription, idvertiiing,dlo.rup to that date, W. . now. mnbinn m.c tt . . c -ll . T. .. vM.u bUUUIllO oi an our lubicnbers who were in arrears on tha 1st of Oc- iooer, una tney win do presented tor settlement, by ourselves or sgents, n soon so practicable. We hope those indebted will endeavor to make payment when called upon. uwui.d .ie iiumoiuua, ami aoinierea over every lection of the Bute; and though email in mount individually, they make an aggregate of a.V.ml flinilunJ. .ul Ann..:..... 1 . i, uiiaiiiuia auuur ail tne profit realized from some years of perplexing labor. CHARLE9 HCOTT, O. In. WitRilir. Columbus, Oct. 19, 1837. 18 tf. TAKPW tIX- BY Fredeikk Otslot.of Montgomery township, Frsnk lln county, a bright sorrel Horse, about 1R hand.. high, supposed to be 6 years old; no marks or brands perceivable, except a smsll white spot on his forehead appraised at forty Ave dollars, by David Altroaa and Otlgla a true copy rrora my Stray Book. fob. 21. THOU. WOOD,-J. P. Bern ivn nnimjn WEBSTER'S Elsinsiilary Spelling Bank, for sale by the doxen or single, by . Jan. 7. .w,n w. 11 AWE. B SHERIFF'S AE, V virtue af an eieciittoa lo ma directed, from thi Court of Common Pleas of Madison county, Ohio, there will be offered for salt at tha door of the Court House, in London, an Tliunday, tha 15th day of March-next, between the hours prescribed by law, Ihe following described tracts of Lsnd, lo wit: Beginning si a Jack-oak and hickory, Easterly corner, to George Dawson's survey. No. 8718, thence with the line of aaid survey, S. 48, W. 106 polci.toa strike, thence S. 20, E. 142 poles, to a stake, thence N. 211, D; 102 poles, to two large black-onks, corner to No. 7tiS, thence binding thereon, N. 22. W. 176 poke, lo the beginning; containing one hundred acret, more or lets; being s part of survey No. 12141. Also, one hundred snd fifty acres on of Ihe South-East end of three hundred and thirty seres, No. 6299. Taken In execution ss the property of Matthias Farrow snd John Chrlsmsn, at Ihe suit of Hie President, Directors, and Company, of ihe Clinton Bank of Columbus, against said Farrow, Chrlstnnn, and others. WILLIAM WARNER. Ba'fT. of M. 0. Feh.9..w4t SHERIFF'S SALE. TIT virtue of two writs of venditioni exponas, one Is-JJ sued from the Court of Common Pleas of the county of Knox, and one from the Court of Common Pleas of the county of Union and Stale or Ohio, I will offer at publk sale, at Ilia door of the Court House, In Union-county, on Monday, Ihe 12th day of March next, the fol lowing described real tsta:t, la wit: In Lot No. 94, In the town of Marysvllle, Union covnily. Onto, Taken In execution, as llu) properly of James McAdam, lo satisfy two Judgments; one In favor of Henry Hell, the other in favor of Thomas Drakeley. ft. CLARK, Bh'tT. U. Co. Marysvllle, Feb. 18.tUI march 12. TO CO!T RACTOR8. RRPAIRIS ns Olisf siTToHir ns . SEALED Proposals will ba received at Toll-Gals No. 4, anlil the 6Hi day of March next, for repairing lhat part of the Road lying between the beginning of the 2dd and end of the 42nd mile, and If suitable aids are etlsiatd, w . .wi.,Eoiiiracu win no maae at uradshaw'a Mnlal In I n I . . t . i . - .k n., . . ... , u,i . .mam wq aeeira eoo tracts are expected to attend in person, In urdsr to sign - Kssss. an nuiu , uuta nunorCO rOM OT tip winU (of R2j cubic feet Met.) wHI bt required on eicb rillld. Af tha hsaalt nsssxlltsa suT H e-. L s Hfl than nasM daaf lla TJ J a .. . s..sjcswii.jt Bruam trreniy into block! .tot exceeding four ounce In weight, meh; ind ivKlmem of the material proposed, mart be fumUhod, lu quentitr not tlmn itt cable In chat, broken and neatly put up In boi, and accomnanylng each Wd; which will hm rMBiMtii nil I m Iran mm ita s . .. .4 . J lsb. i. ti wiMJiiu, ipuiu mm ii rexarae the quality of the material end the preparation of It, at .... .....v . uruBfMiKiiprjiit anu inipmiBn Th fnllnajBtnar rand'yin.. III I . it a . m ..Mr-suiiB nui iro i.iuiuaiij unuariiooa aa entering Into, and forming part of the contract, namely: The. 91 -3d .nri ) E -all lv. J . ' , w w wo icuur iur tntsaauremeni and . - " wh Z0, X7 ana 'H mi lea on the lit of Anguit; the 29. 30 nd 31 mile, on the 15th ' j, aai ana w fmiN on me m oi Beptem her: the S5. M snd 19 miiAA. ii.. un. " -"- w viii sin i jiii ui alHOIIIDVr; the 38,39 end 40 italtaa on the lit of Otober, and the 41 snd Jit tl U l.a u. I , . . . i" aw aiamuiea at tne earne time. Anv failure tn h rMs. Crw Uaraaiu. . . i 1 aa-ii un, llm9 aUQVO apeclfled, will Incur a penally of five per cent, for every la It rtaw .lasiaer bliiI !!.. 1. . i .. ' - " wiivatr penally- nan amount to 15 per cent, on tkt contract price. All the pilei muit be neeUy put up for meaeurement, and n pUt will Mints. eured on thie patt of the work eontahrmc lm than (Ire rode. Whenever a pHe k placed oa deceptive ground, whether dUcorcred at the lime of imaaarement.or after-ward, half Ita content ahall, la every cae, be fork It td for the ue of the Road. . . . ittv.di.tjsj t ij-fjTB- i iTcrrt. in Zaneavlllc. on Ihe II tti of March, for furniehf ng matcriale for repairing that pan of the Road lying between il.e 4ind. and the end nf tha ft: nth mtu Rij. tmtw vn una pari oi the Koad, wlllauie from what mwrry or qoarrlea thuy ....v..- , vu...u BssatvuviniM. rim nor pariicuinri may.be bad at the place of letting, after the Ar of llrirch. Propoanl will alM lw rtf.vml nt lh American Hotel In Columbus, on the 15th of March, for hauling broken material from lha PanllsallaeB. P..0 ajdii . . 7, t- vi vwuni-rlia. ill lit are aolleited on the 1, 2 and 3 mile counting from a point near the TolMlate toward the city. Bid will alao ba received at the Mm iima. Btut niM a.. . . , , ' K " t EJ 1 11X1,0.11,0, (HQ breaking all the old etone which He along the road ilde. ,.., - - " irawraTiiiB, neatiy put III ntlftl of not wet than iwn nwta. ami rti. ..- ... V K " "11 UUUJIUB D ma ait cue. By order of Actlne Commiynnar THOMAS) . MAKI!t ALU dun. Resident Engineer. Feb.g. .w till march 1 1 Union Common Pleas, June Term. I83T. OSIB WlLCSJ, 1 ' n.ibi r , u r -xmvu fuieciiess aorif ags, Taroaua HimnT.l ITIIEaald defendant will take notice that complainant . has lied his bill la said Uourt, praying that aa ac eoual may be taken on a mortgage brought la Court and executed by defendant to complainant on the 9th day of June, 1835, on forty-two acres of land lying la said county of Union, and being pan of surrey No. Vlr- B u.,,us, uwinnna on una wiss: aagliinliig at asugar, llianee 8. lodeg. B, 71 poles lo a while oak.slui Ind IfrrawQAd Hum. a j. ... j ... . . ' r JO mm. rr . 94 poree and links to sn elm, wslnul.and oak, theoce N. 10, W. TJ poles 10 a hickory, elm, and ash, thence N. T8, 4i B. 94 umn.nr; losseurs llM payment of one hundred dollars. Itofeudsnt will appear and defend by an-swer or otherwise, at lbs next term of said Court. W. O. Lawaiaca, Hut. for Com. Feb. III.. writ I NOTICE II ntreb- given to all concerned, thai a petition has been nroeanieri and flimi 1. , r. . . , ton county, prnylnt for sn alteration In the Columbus and K.HlMi Six. aw -I. a,-. ..,. .hi nir.nwono; commencing on said Road, near bavidf'.r... .i.ni. ,iu a...k . ., - - s m. Mtv ouHin eno or keaeiraet, la tha town of Eaeoi, Ihonca wllh said street, u. the North tnd thereof, thonca to tha South Cast -"- eiKiiaw uiueaiana. r,K JOHN CHKNRV. J.,lSut'.'M,', l':TK 'RK Or BlXWKIt. rllllK Pelham Novele; remaining Pelham, Tho Ilia X owntd, Devtreux, Psul Cllrtord, Kugna Aram, Tht Uat bays of Pompeii, The Student, Ulenal, Fslklsnd, and Ihe Pilgrims of ths Rhino: by Kdward Lytton llnl' war, Raq M. p. Complete la out large aup. toy. 8ro. volume. For eala, al lea tbsa one third lha prict of tl.l worst In their usual strut of publication, al the Book Blare of . r,- It IHAAO W. WHITINfl, POSTKHH rFNMANMIIIP. g-XOBTEK'S Klsmentery Copy Doubs; deelgned lo lead JT llm learner, upon simple prlm lples, from ths llrsl rudiments of Penaianahlp, la a perlerl knowledge of tha An; htlng a ntw and anproved plaa ot" Tearlilng, by wnlch lha I rouble and lose nf lime In ruling norUomal and diagonal I in., and setting rAphrs, ats avoided, and llie a. lalnmenl of Penmanablp ai greatly facllllaled;-ailaiili-d lo ttchooat and Private Infraction: by B. F. F.ieler. Complete trie, In 8 Not., of Ihh vsluabla work, for sale at the Hook 01010 of ' IHAAO N. WIIITINO. TIIF! N ATIOXW, PORTRAIT GALl.KlTv. rrVIB. Nalkvial Portrait U.ll.r, of lllallntiilalied Amer. M. leans: conducted by Jamee Herring, Ntw Vork.am James B. Longscrt. Philadelphia: under tha superintendence of tho American Academy of tha Fine Aria Tht National Portrait Uajlary mt Uislliutulahrd Amerl. cane la published In Psrtti eerh Pan containing three Poilraltt antravtd on tleel, and ordinal BlograiHilral Bkalrtiat, compiled from the mn.1 aullientictoureeo. Com' plett tata. In .14 Pane, ofllilslaiauillul and valuable weik fur sale vaiy low, al the Book Blare af SAAIJ K, WIIITINO. Feb. 9. THK IMt'OKTKIf UUHtttO CONTRACT, it rr tajt sa tsrp scrsaaudsffa trrn. IF not sold by the lilb of January, I Hid. I will make I favorable arrangement with a competent person t. eland him far aaatre Hit next seatoa. Coarax T la a thorough Ruglleb bred Race Horse, af dna alia, on,, chttnul rotor, and in high raring form; la proven In l a aura foal getter, and la tha aire of not boreae, aa well as In. moat aplendld aaddlt and harness horses. A horse of baiter blood waa never Imnorltd 10 America, lie caa be seen al my stables, In Lexington. Jsn. 1T..WHI Mll.l'S VT. T1ICKKY. ADMINISTRATOR" NOTICE. LL persons Indebted 10 Ha settle of Roberl Elliott, IsU at Nnrwlrh IM..J.I. V .11- .. . .... deceased, art required la tube lairadlala payment,- and all who hava legal elalmt asalntt said astals, will piasenl lata tor aatltsnial,vrUhmtlhittaBontra rVimthledata, m V..WT. its ILUIOTT, Alta r.