Ohio State journal and register (Columbus, Ohio), 1839-01-15

              OHIO STATE JOURNAL AND REGISTER. VOLUME 29. COLUMBUS, OHIO, TUESDAY, JANUARY 15, 1839. NUMBER 23. PUBLISHED BY C. SCOTT & J. M. GALLAGHER, At three Dollars a year, Invariably In advance. Twice q week during the Session of the Legislature, and Week the remainder of the year. JOHN M. GALLAGHER, EDITOR. Office on State itrcet, Two doors Wet of the Clinton Rauk. ADVERTISING. Twelve lines or less, one Insertion, 90 50 " m three..." 1 00 enchndditlonnllnsortlon, 0 25 " 11 three monthi, 3 00 " " six in on t hi 5 00 " " twelve month 8 00 Longer advertisements in the mine proportion as the aliove. A deduction of twenty per cent., (on the excess,) when the amount exceeds twenty dollar In tlx monlhi. All Advertisements hotild be marked on their fuce with the emnber of Insertion desired, or they will be continued till order utf out, and charged by the inter lion. No responsibility Tor erron in legal Court Advertisement, beyond the amount charged Tor their insertion. 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Reremnn, (laltipotii, ..J. Dronlllard, X'n.a C. L. Merrick, Paineeville. .11. Hitchcock, Cambridge, ..H. Uohh, Cadit, J. S. Lneey, Kenton,,..., George John, Jlllboro',..V. C. Hcott, Mtllereburg, W. R. S.ipp, Milan, O.W. Chuat, Cincinnati, . C. Toby, Find la, ....Wilson Vance, Vtar, P. 0.,. . Dnvid Johnson, Jackson, ....Alex. Ml! lor, Steubenville, Jas. Collier, Mt. ytrnon,.Wm. Revene, Toledo J. R. Oshorn, Burlington,. Win. Miller, Newark J. Mathlot, BcllrfonOne, II. Stanton, Elgria, A. A. Iltlss, Marion J. H. Gndman, Chester, ....D. Ilnrlwr, I'iua D. Adams, It ooljield,.,XVu. Steel, MrZ f- B,,,'""" Y.anescille,, .C. D. Goddard, Medina, J. L. Clark, London I. McLene, St. Marys, ..It. W. Stearns, Jay's W. J. McKiunoy, Furl Brown, J. Dewpos, Tarsrv,.... Allen Butt, Kalida J. M.Cochrnn, Somerset,... W. F. Mocllar, Cirtleeille,. .James Bell, Ravenna, ...Geo. Y. Wnllure, Eaton G. D. Hendricks, Mansfield, ,.C. L, Sherman, Chitlieothe,.C. Martin, Portsmouth,.. Gregory, Canton G. Reynolds, Tiffin Jos. Howard, Sidneu, Jncob 8. Conk I la, L. HanduekM,. Eddy, Warren L. King, JY Philadetp.,1, Overlwlt, M'irwtville,.. Wm. Steel, Wiltshire,.,. V. Mount, Perrnburg,.W. P. Rexncr, Lebanon, ...J. Prohasco, Jr., Marietta, ...J. Test, Wooster C. Spink, Drfiance,,. ,,0. Uruhaclicr. COMMUNICATION. Mr. Editor : I was much interested, on Thursday evening, December 27th, at the meeting of the friend, of Education, at the Methodist Church. The subject discussed was the propriety and necessity of establishing schools for the education of Teachers for the Common Schools. Professor Stowe read a long and interesting lie port, in which was exhibited clearly and convincingly tlao great benefit resulting from schools of this character in Prussia. Professor S. in his tour through Kuropo, made the subject of educa tion a prominent ohject or thought and research, and has, consequently, become very familiar with the va rious modes of Education, in the different sections of the Continent. He has examined, very minutely, tho Prussian system of Education, and has witnessed the extensively beneficial effects of that unrivalled sys tem upon the subjects or t rcatntk H'tlltam. r roi. a, by facts and illustrations, not only pourtrayed the ad' vantages of this system, but very satisfactorily proy. ed that our only hope or elevating the character ol education, vested in the establishment of seminaries for the education of thoso who are to guide and control the intellect of our country. As this Report will be given to the public, we forbear comment and eulogy. Mr. Williams of Springfield, presented a report on the same subject, and gave an interesting outline of the plan, upon whieh Normal schools 'ought to be established, and the course of study to he pursued in such institutions. There is no doubt, that when the merits of these reports are canvassed and investigated, an intelligent public will be prepared to adopt the views of their authors. Tho subject is new and important, and must excito public interest, and we trus-that the day is not far distant which will hail the oat tablishmcnt of Teacher's schools. Correspondence of Hie Cincinnati Dally Gsxette. Coi.uMRva. Dec. 31. The House lo-dav lias linen mostly owupiod with the discussion on llio small note bill. Mr. Ford, a nlain. sensible man, of serious thought and sound judgment, commenced a speech against the bill on Saturday, whieh he) closet, to-day, maintaining that the law, so far as its ohject was to restrict the banks in their issue of small notes, would nnpoae their charters, and therefore be unconstitutional and void. His speech, as a wholo, is well spoken of; ro is one made by Mr. Corwin, of Champaign. Mr. Urolith made a Ion it renlv. commencing in the forepart of the day, and concluding just before datk. Ho has talent and tact, and adroitly managed his weapons with great correct ness and teal. Judging of his effort from its effect on the House, it was able. Ho kept the attention of members, without wearying Uiein, iot hours. He avowed unqualified belief in thu power of the Leiris lature to repeal charters, denying, in toto, the power OI one ljtgisiiimrw IU uiuu inmi Bin:i-raouii, ywi no iir aisled the proposed measure repealed no chartered pri vilege given to any bank, but only restrained them from doing an act injurious to the best interests of the country. lie was too profuse in abuse of tho banks to be a very imparltal judgn of their acts or powers, yet he abused them and his political opponents without stint. His knowledge of tho subject was evident ly limited; his discrimination upon legal questions ohtuso, and often at fault; and onco, at the top of his voice, in refutin? what he aupnosed a false legal as sumption of his opponents, be, in a triumphant man ner, appealed to Ulackstone: "rucn was not mo opinion of the venerable Christian Blaekthnc!" The law- vers about were as crave as owls, and the orator was satisfied he had done tho thing cleverly. Brough lias merit, but he cannot know tverti thing by intuition, An effort will be made by the party managers, to legislate into the bands of "His Exoellency," Gov ernor Shanning, the pnvilego oi voting Dy proxy, ai all elections of rail road, turnpike, and canal compa nies. In which the State may hold stock, proportion- ahlv to the amount so hold. A more nefarious party innncpiivre could not well be imagined. The State votes, if this motion prevail, will in all cases be concentrated, while the votes of tho individual stockhold ers will be scattered; and in nine rases out of ten the offices of the companies will be filled by nominees of tlie Governor thus rendering all our internal improvement operations subject to party dictation, and subser vient to party purposes. Tho repeal of the 11 small note law" of last session lias been the engrossing subject of discussion iu the House for sovenil days past. Gen. Ford, of Geauga, made an able argument in opposition to tho repealing lull, which consumed the wholo ol the lorenoon ol thu lay. A Radical Error. We bavo seen some petitions to tho Legislature addressed "to the Senate and House of lteproBentntivosin.fsKmrVy convened. I nil is all wrong as t nines are now managed at Columbus and if the petitioners are not wideawake, theii petitions will be ruled out for informality. It is be-cominffnow to addiosa'Mhn Minority of both brunches in 7Vn-fNin Jlaumbfal." Tho movements and acts of the Isfzufoturt are entirely determined by the Tin-pan conclave. DayUm Journal SMALL NOTE BILL. Abstract of tho re murks made by Mr, KURD, the question being on the postponement of tho bill "to prohibit the circulation of small bills." Mr. Si'eakkh: 1 had hoped that previous to tho engrossment of ibis bill tho gentleman who introduced it, or some other of its supporters would have condescended to give their views upon its merits, and furnished to us some one reason (if indeed there bo any) why a measure of the kind proposed iu this hill should pnss this House, It has always been the practice to givo the reason for the passage of any bill, but upon this mcnaure of so great and vital importance, and which is more or less to afl'ccl every individual of the S'.utc, fur good or for evil, wo are left entirely in tho dark, unless we may ?;nthcr some light from tho remarks which vestcrday fell rom tho gentleman from Clermont ho told us that the last election wns sufficient, and that no renson, but the knowledge of its result, wns wan tin it t;i show that bills of a less denomination than live dollars should be sup pressed in tins otote, rcguruiess ot tho constitutional difficulties which may attend the measure, or any other consequences which may flow from it. Sir, what, I ask, hnd the suppression of sinnll bills to do with tho Inst election? VVas this the question made by the new Governor und his attendants whilst traversing tho whole State, making stump speeches wherever a collection of tho people could be (fathered around hi ml No, sir, this wus not the hobby. Bank reform was then the song restrict 'ho issues, securo the bill holders, compel iho banks lo pay specie, divorce tho govern-merit from the banks, and a thousand other subjects of declatnaiion which had not tho slightest degree of relevancy to tho banks or currency of this Suite. Well, sir, I om fur bank riorm,! am for securing bill holders, protecting the rights of the people and restricting the issues, und bringing the bunks within the limits to which (hoy inny go and do business with safety whenever and wherever it enn bo constitutionally dune and in no instance would i give power to corporations to work an injury to the people. What, then, are tho provisions of this bill Does it prnpuso lo restrict tho issues1 Dues it compel tho payment of specie) Does it divorce tho government from the banks Dues it propose any reform? No; none of these it simply proposes to prevent tho issuing ot bills of a less denomination lli&n five dollars. HuppoM) this bo accomplished nioy nut the banks issue the same amount in pmporlion to their capital of bills of the denomination of hvo dullnrs and upwards that they can of a lens denomination? Must us-surcdly thoy can, and will. Wilt tho banks be under any more obligation to pay specie? or wilt tho bill holder bo any moro secure with a largo or small sum in largo bills in his possession tlmn with a like amount in smalt bills? Certainly not. Then the pretended object of reform is nU in any wny accomplished by tho passage of this bill, Aaiu, suppose (for 1 am left to sup- Cosition being uninlurmcd) that the object ot this bill e to cnUBO the return of these small hills to the hanks and bring out tho specie among tho people and that this object he good. Why were tho amendments which have been offered and which would hnvo most effectually secured this ohject, been rejected? There is nothing now in (ho bill which will ever cause a return of theso bills to tho bunks, but they may and will bo kept in circulation notwithstanding any of its provisions, DutHir, T om opposed to this bill because it is not expedient, nor is it reform, which 1 will endeavour to show hereafter. I willsav ulso that I am opposed to it because it is unconstitutional, although in so saying, I may, in company with tunny others, come under the denuncin-tion of tho gentleman from Clermont of being totally destitute of common sense. In the first place, then, it is inexpedient, because, the pretended object lo bo accomplished, cannot by it be carried into effect. It will only be a species of legislation against the people and banks of our own stato, for the benefit of the people and hanks of other states. Suppose by this law that all tho small bills of our banks he driven out of circulation. As they pass nway thor placo must be supplied, and the sagacity which has always manifested itself in the management of the people of New York and New England would discover the opportunity of giving their money an extensive circulation, and this state would he Hooded with small bills from Now York, Connecticut, Massachusetts, Vermont, Khcdo Island and the good democratic statoof Now Hampshire, not excepting the wild cut of Michigan on the north and Virginia on liie southern border; from all these, I sny, this kind of currency would rush in upon us as naturnlly and surely aj air to supply our vacuum, and the necessity of tho case would again compel a resort to that worst of all kinds of currency usuully denominated "Shin Plasters ;" for make your laws as severe as you will, the necessity of tho case will compel the pcoplo to disre- card the law and use the meuns which lliev havutosui vo their present purpones and prucuro the necessaries of life. Sir, this is a measure 1 believe uncalled for by the onlo, or bvnnv necessity whatever. Wo have no peti tions here, wo hear no cotnpluims fiom the people, but on the contrnry so far as my knowledge extends the citizens of nil parties are sntisiied with the currency in this respect, and many, very many, ot tne now dominant par-tv, und some who possibly may be called to vote fur this bill, have admitted to me that the currency of bills under five dollars down to tho denomination of one dollar, was more convenient and prolcrablo in all respects to oneol tho same amount supplied with specie. The traveler, the business man, and indued every other, must have his locket encumbered with live or (en dollars ol specie. II o wishes to pay three dollars in a neiuhbonuB county without tho expense of going to carry it, he cumtot do it. If ho wishes to send for a newspaper to any purt of the state, or lo Philadelphia, New York, or any other place, tho usual cost of which is two or three dollars, he cannot do it, because ho has no money which he can transmit tiy mail; lie must tliereiore lorego tins picawure and looso this vul liable means of information and theso comparatively but small inconveniences, only the hcirinniiiff of troubles. Sunnoso this measure bo carried out according to the prctcmled wishes of its suppurters and to their hearts desire, and tho effect ho what they hold forth lo the people; that is, to drive home tho small bills mid supply their place with specie? Take the gentlemen upon tho'trown ground that there is issued three dollars in bills fur every dollar of specio. What am the consequences which must inevitably follow I If tho spe cio bo tuken out, tho batiks mtiBt curtail their discounts nronortioiu because vu will not allow them, and they ought nut to tssuo mure than they have a sure basis to sustain. You then withdraw iroiu me state a circulation of one million five hundred thousand dollars and supply its place with Gvo hundred thousand only. Thus tho cnnital of (ho .Merchant, (ho Mechanic, (he Manufactu rer, and (he Farmer is reduced two-thirds, and just in proportion as their capital is reduced, so is their business decreased, and in proportion to the destruction of business, wis reduced tho demand for In borers. But it is said that this mcasitro is for tho benefit of tho poor and laboring classes ot cuinmuiuty. it is not so: wlieu you have destroyed twothirduol tho business dona in com munity by taking away (he capital which sustained it. you throw out ot employ ao many of ike hands engaged uoon vuurcunals. in vour manufactories, stud in evury other branch of business, and deprive them of tho means ol sastaimnji Ihonuclvcs and la tail tea, and tuus tnKo the very bread I rom Hie mouths ol tne huugry. liut it is needless and would be too tedious lo mention all the ffcneml and individual inconvenicncica which would riso I row carrying out mo prctcnueu oojocisoi uiisui:t Affwn.it is inexpedient, because it is entirely uti neces sary even for the purnoto of effect iu it the pretended ob ject, that is, the circulation of specie, ns tho history of tho past will snow, ror mo prow oi una position wa will refer to tho history ol the country within the few past years, I torn ltf&i up to me timeui tno cry oi aown with (lie banks, when a gonoral dcrungcinejit took plnce iu consoquenco of an uiinalurut interference with the currency and tho ordinary course of business; During ell this time the banks had the power and issued bills ul tho denomination ol ono dollar and upwards as mo Oum nesa of tho country required, and ss was necessary fur tho accomodation of tho people. Then wo heard uouo of these complaints then the business of (ho country was prosperous, all, whether rich or poor,had oinplayincnt manufacturers flourished, (owns wero built up, and tho wilderness receded before tlvo march of civihaatiuii and improvement. Then there was no want ot specie; any man who hnd one, live, er live thousand dollars ol lull could convert tho snino into specie at his will. Thus then, experience, which is turner than nil theories, conclusively proves that there is no necessity for (his measure, and thai by it, the avowed object of this bill cannot bo attained. What is the result in other States which have tried (his experiment) Tho Strrto ol New York mado the attempt to suppress small bills, but tltcir next Irotsla- turo was petitioned by moro than fifty thousand of their citiiens of all imriies to repeal tho law : it was done and the privilege auuin restored to the banks. The State of Viruinia found it necessary to pass a law authoritinp tin banks of that State to ixsua sinnll bills: and such has been the result wherever the experiment has been tried May we sot, then, take these examples, aud leirn lessons of wisdom trom their experience HuL Sir. in addition to the reasons whieh I have giv to show the inexpediency of this measure, I am opposed to it because it is not bank reform, but it substauiislly aniounts to the old doctrino ol "Punk or no tmuk ;" lor i tho niuiciplo be fully carried out through all the States, it will leave so small an amount of specie to bo employed in banking as to render this business unworthy of the attention oi the capitalists. For evidence to substantiate this point, as there have been no reports this year, I am obliged to refer for statistics to previous reports upon this subject, and particularly to tne report of the committee on "banks and tho Currency,1' made to this Iiouse at the Inst session; from which it appears that before the passage of tho law to prohibit the issue of small bills, there was in the vaults of the banks of this State the sum of $,7:0,3u'() in specio and a circulation of hilts of o less denomination than five dollars of $1,575,414, being a littlo less than one sixth of the whole circulation of tho State, and about threo-iil'ilis of the amount of all the specie in the banks, so that if this measure he perfected threc-tifths of all the gold and silver which constitutes the basis for banking operations in this Stato must be withdrawn to supply tne place of small bills now in circulation. Apply the same doctrine to the wholo and what will bo the effect? In order to tcBt the matter fully and draw correct conclusions from the experience of the past, it will be necessary to institute a comparison for a period of more than twenty years previous to l&iG, during which timo the country was engaged in ono war, and almost every variety of prosperity and adversity. For this purpose I refer again to the report before mentioned from which it appears that there was iu specie in tho banks as follows; On the 1st day of January, 181 1 the sum of $1 5,4110,000 " " 1815 17,000,001) " ltilb' 10,000,000 " " 1HJ0 10,800,0110 " " lb.'iO S'i,1U,!ll7 " " 1837 " ;iH,708,DU3 Making an average amount of specie in tho hanks during the twenty-six years "f $2-V)0.'l,!l8., ond during this period the banks issued hills under live dollars as the necessity of business and tho people required. Uut suppose ibis privilege betaken away from liie hunks, then applying tho principle heretofore proved, three-fifths of this $3:2,003,985 must bo withdrawn to supply the circulation of small bills, amounting to 91 3,,20:2,.'13 1, leaving only $8,801,594 for the bnnking capital of the whole U. States. uko the division amonir all the States, leaving out the erritorica ond the District of Columbia, and vou have for each State the sum of 3.1,533 for ihn whole bank- a operations ofthis State but little moro than hull' the mount now in tho vaults of ono of the hunks of Cincin nati. It must be evident to every mind that it would be perfectly idle to attempt to sustain the bunks on such a pitul, ana therclorc the measure proposed by tins bill, put in execution throughout, would be tantamount to the destruction of the whole banking svsteui. Shall we be told that the banks will yield to this restriction and when their means of doing business are taken awny that they will procure a new supply ? From whenco and how shall they procure it? Does not every one know that ho or they who would have money must buy it, and must have soinethintr to buy it with. It isn well estab lished fact that there are but $800,000,000 in all Kurope sua America, ol winch the united htotes have their lull proportion ol $8U,000,000,ull ol winch is circulating m the bands of individuals and must of necessity remain there. except the amount heretofore shown robe in the vaults l the hanks whence can this additional supply ol spe cie be obtained? Not from Europe, because we have not the means of purchasing it, liut suppose that our exports should for a time, so fur exceed our imports as to produce a lurge increase of Bpecie in this country, this would only dcBiroy the juit equilibrium iu Kurope, and some reversion of trade must tako pluco which would again withdrnw it, because money us naturally as water will seek its proper level. Hut wo may and proba bly shall be told that the Mint of the United States is coining about thrcc-iuurths ot a million ot dollars every year, eir, let not mo people do ueceived ty tins soc io us hoax ; the people should understand that tho mel ting up of foreign coin and stamping upon it tho eagle, docs not increase tno amount oi money in tins country, and this is the operation of the Mint of tho United States, Thus, havintr given my reasons for believing the mea sure proposed by this bill to be inexpedient, I now paBS to the other branch of the subject, in which I propose to show that the legislature has not the constitutional pow er to pass a bill of this description. And here attain I am left to guess at tho aruumcnt whivh will be used by tho supporters of this measure, because wo are nut yet informed of the ground which they lake. I will supposo men that tncy plant ttiemscivcs upon me dangerous doctrine which we so often hear advanced in this place, that the legislature is omnipotent and cannot be bound or controlled by any precedent or law, and that every man snail construe aim oo uoumi uy the constitution as he understand ti lint. Sir, T wmild hnpn. that wo are not so tar advanced in tlia roau to. destruction,, that tins fatal delusion is to prevail. 1 would hope that our irto institutions yet stand upon a firmer foundation than the waves of political tumult, I would hope that that constitution which has hitherto sustained us amidol all the conflicts which huvo agitated this country, might remain unimpaired and still be the test and iruidc by which to direct all our legislative action. Sir, if tho doctrine is to prevail that the Icirislatnrc is omnipotent, you have no anchor of safety, but are left to tho tury of political fnc- lionjor it tho doctrine, that every man sunn construe the constitution as he understands it, ho recognized, then vou mav have for tho covoniment ofthis House in its duties seventy-two constitutions of this Statehood seventy-two constitutions ol the united ftistcs, and according to the number of voters at the last clectionyou may have two hundred and seven lliouttuud constitutions for the government of the State and anarchy and cun fusion uncontrollable would inevitably follow. Sir, this will not do; power must be rested somewhere there must oc a ninuameniai inw iur ojt guiiie, ueyouu which weouuht not and eatmot pnss without revolution. Have wo no such fundamental law? Wo have. Our ances tors seeinir tho necessity, and before party feuds divided them, formed the constitution under which we have so longexistcu as a government, uy inn consiuuiion wc are mado a government of checks and balances. The powers WHICH UIO ui-opiu nnu uniri;aivu in mai iM9iiu- nient are iudiciouslv committed to- three different bran ches, tho executive, judiciul, and legislative, each oper ating unon. reirulatimr and rehtraiiunif tno otucr. jty this instrument, in the 3d article, (he judicial power of tho United States is vested in the (Supreme Lourt, and such other courts as shall Irom tune to time no establish cd, and this power is expressly declared lo extend uto all cases, in law or equity urising under this constitution." Thus, then, wc und wnere mo consiuuiion men uas nlaced the uowcr of decidtner upon constitutional ones lions as a last resort which decision mut bo bindinu and final, liut if it had not been so fixed, the very na ture ot thintrs and the necessity o4 the case would show tho propriety of establishing the power hero or clso as before shown every thing would bu iu. doubt and uncertainty.To prove, then, that the bill now under consideration is unconstitutional, I shall refer to decisions made by the Supreme Court ol the tinted htnlcs, composed ol men who wero conversant with tho frunivra of tho constitution, and who knew the spirit and intention of that instrument as well as u couiu uo Known; ami to ueci- inn made at a timo previous to any party excitement to swerve their opinion, when there could have been no motive to intlucuce ttieir judgment, rxcepi a conscien tioua desire faithfully to discharge thu obligation whicl thev wero under to the country, in the performance of J i ..: I 'l... .i.- - - I inO UUIH'H illlOB U Ull IIIVIII UV IIIU VUlinillllMOIs UIIU laws. The n-ntn section oi tno ursi arucio oi me con solution declares, that "no Ptare shnll puss any ex post facto law. or laws impniniig tho obligation ot contracts;' ami the same is the hininitiirc of the constitution of th'u Htma. This bill proposes lo deprive the banks nl the right to issue bills of a less denomination than five dollars; or, in other words, to repeal so much of (heir charters as authorizes llicm to issue such bills. Tho first thin ir necessary is, to show that a charter is a contract A contract mav ho defined ro he, an agnoinent between two narties nblc lo coin met, witling to contract, and hav- iiicr n uhinct-mattcr about which thry eontrnct. nw is the case here 1 A par( of the people of (he State (for (ho stockholders oro a part of the people) have made a proposition to the other part of the peoplu, ihrmigh their agent, (ho Legislature, which proposition wns duly considered, accepted, and the agreement entered into, with all its terms and eomiitious tuny rxpresseu in lorm oi i rh.iri.ir. Here. ihen. are all ihe ingredients of tho con tract the panics, (he ability, the subjeeNiiinttrr, tad the BSKCIlt OI uv mim-i. tut Liim vuiwuuHMUHf hn n.lio.ll (answer. tlw subiect-malter is the consi deration; that is, tho objects for which tho corporation is created. Chief Justice MttrfhnlL in giving the opinion of (In United Suites Court, on this subject, says, 4 Wheat., 11 637. 638 :u They," that is, tne oniects, are uecmeu hen Aliu nl lo tho ountrv i and this Win lit constitutes tho consideration," again: u Tho bciielit to-the public is to be considered ns an nmplo compensation lor tho laculty it confers:" and the corporation is created. Hi same doctrine is treated more extensively by Justie Washington, in the same case, p. 637, 658. it would seem that this was sufficient to provo that a charter is contract. Hut ws are not left here without further tei fininnv from iho swnfl author; pave hud: " A charter rnnirnct. to the validity of whieh the consent of bnl parties is essential; and, therefore, it cannot bo altered nr added to without such osscM." 3d Story's Com. on Con., U59: UA charter granted to private persons, for private purposstia within the prohibitions.; it confers rights and privileges, upon the faith of which H is ac cepted' Leavlnff this point without nuotiMt further authorities. the poilt next to be established is, whether a bank charter bo luch a one as is intended. If it were necessary for me lo establish this with argument, I should say that it partakes of all tho necessary ingredients; but fortunately I have higher and better authority. I auote from the same decision, page CG9: " But a bank, whose slock is owned by private persons, is a private corporation, although U is erected by the Government, and its objects and operations partako of a public nature," bo are " insurance, cnnul, bridgo, and turnpike companies as much so as if the franchises were vested in a single person." Tho same doctrine is held in 2d Kent's Com., 2'23; Mc-CordR,, 337; and numerous other authorities. Story's Com. on Con., 259: 11 A charter to a bunk, insurance, or turnpike compuny is ccrtuinly a contract founded on a valuable consideration." Believing this point, then, tobe fully established without further argument or authority, the next oucstion will he. to inqaire whether it can bo taken away, as this bill proposes, by enactment, without tho consent of all the pur-ties. I releruguin to 4 Wheat., 637, where Chief Justice MarsliiJI mvs: u This principle has never been asserted or recognized, and is supported by no authority." It appears, then, that, down to 1819, the time ibis decision was made, and during the life of the framers of tho constitution, who must have understood well the spirit, and intcntionarvd tetterof that instrument, this doctrine ofrepeol hud never been recognized or asserted; hut it is leit to tncseoars, when the memory ol tho lathers ot our country is nussinir, away, that thtit new lightM are shed upon us,hy which it is found that thru did not know or uiiders'und the work ol (heirown hands. Again, paffe 713i It n perfectly clear that onv act of the Le gislature, which fakes awnv any powers or franchises, vesreu uy us cuurter in a private corporation, or its corporate ofiicers, or which restrains or controls the legitimate exercise of ihiMj, or transfers them to other persons, without its assent, is a violntion of the obligations of that charier. If the Legislature mean to claim such n authority, it must be reserved in tho crnnt." Story on the Con., 3d, '250: u Iii perfectly clear that any law, which enlarges, nbridgesoi in any manner changes the intention of the parties, resulting from tho stipulations in tho eontrnct, necessarily impairs it." Do not these authorities as precisely reach this case, as though they had been purposely muds for it. This bill proposes to ahniige tho right, and change Ihe intention, ol the parlies, by taking away the right to issue bills under five dollars which, by their charters, they wero authorized to do. I might cite further authorities, but these nro deemed sufficient to satisfy every mind that is not de termined to press through this measure, right or wrong. But there is another point, which I suppose will be re lied iiun by the friends of this measure, which it will he necessary tor mc to examine, that is, that a nuuiocr of these baultB have once surrendered so much of their charters as authorized them to issue bills under five dollars. If tlierc be any thing in this position, it dors not affect the argument, because there arc a portion of them which huvo never surrendered that right, and the bill includes all, without exception. Now, sir, what were the circumstances whieh induced tho surrender of the right on the part of those banks which have surrendered At the session of 183.VG, the Legislature passed a law requiring (he hanks lo surrender the right to issuo bills under tho denomination of five dollars, assessing upon such of them as should not surrender that right a tax of twenty per cent , as a penalty to force them into a com plinnce. Now, this was an unconstitutional law, because it is an admitted principle every where, that (ho Legislature cannot do indirectly, what it cannot do directly; and that it cannot tuko away this risht, I have heretofore shown. And the Legislature of that session, though composed of a larger majority of the party now in power than has ever been hero at any other time, could not, and would not, although it was attempted, pass a hill to take away that right directly. But tliat (his law taxing the banks, to compel (hem to surrender a part of their charter, is unconstitutional, I have the testimony of the next succeeding Legislature, composed of a majority of the sum political party; which body passed a resolution directing the Auditor of Stato to relinquish this tnxrand draw upon the banks for the amount of tax authorized by their charters. Now, sir, that portion of the banks wltich surrendered at all, were compelled to surrender, rather than to enter into a contention and a tedious course of law to sustain their rights. The act itself was void, and every thing done under it was void. Bui the Legislature, at its last session, passed an act repealing this unconstitutional act, and restoring to the bunks (for restoring is the language of the act) tho rights whieh hod been thus unlawfully wrested from mtiks. and they ore there lore, reinstated in all tho pri vileges they originally enjoyed. Hut. il I understand ocntlcmen, it is claimed that the banks have violated their charters, ond therclorc the Lcgisluiurc bus the right to interfere. Hut, sir, this docs not help them out of the dilemma, for, as I have before said, this bill includes all in the sumo sweeping clause. There nro a part of the charters that expressly provide that, if the bunks shall violate the provisions of their charters, after such violation has been "dulu estate lithcii in the prnptr court harinsr Jurisdiction Mcrro," then the L.rgiiaiure may alter, amend, or repeal, it appears, then, that tlie Legislature, in making the contract with these incorporations, reserved to itself the right to rescind Hie contract whenever, on hearing be fore tho proper court, (bu umpire ot its own choice,) tho fact should be established that tho contract had been vioraierL Will it bo contended that tho Legislature ! hnvo a right lo proreed and tnko awny those charters, in direct violation of thu conditions which it has iisi lf provided as a mrans of Inking them away? It would accm to me tnnt no man wnuiii attempt to support a dtictrino so Rmssly absurd as this, upon any principle of law or rcnaon. The provisions of this bill, then, cannot legally bo applied lo this class 0 these institutions, because the preliminary atvps, prescribed by the Legislature itself, :iavo not hoe n inken. Hut wo are told, by tho oriuleinnn from Lickinp. in hrond, unqualified terms, without pointing out how, why, or whrrrforo, that tho banks huvo violated their churtcra; and he nsks, if he should hire a person t per form a piece of labor, and refuse to pay him, would it not be a violntion oJ' h w contract ! Yes, I say, but would that individual come to the Legislature for redress? Would ho. bt'iiiirono party to the contract, walk 11110 tho KuiitU-nintrs liousc, nnd redress himself bv taking his ipcrtv ? Hp would do neither; ho would apply to iho regularly constituted authorities of tho land, which are always open for the redress of wrongs. Wo arc told bv the same grnr(cmnii,in the satno unqualified terms nl denunciation, tnai 1110 nanas nave speculated, and swindled, find cheuttd the people. 1 ask liim to tell meliow, and when, nml where; point out an instance, that we nwvy bnvr somctiitnir that is tangible In rely upon, llio gi-mlt'inun snvs, tho Hank of Chillicotho. Ad mit it; ono instance, then, and what was llio result? Tho individuals injured hnvo applied to tho courts; and at the present session of tho Court in Rink, hnvo received nil the redress they asked or wished for. This, then, is all. Sir, that I may not bo misunderstood, I will any llint I do not sustain the doctrine, that incorporations aro a kind of ideal brings that oro above law, that can coin-mil all kinds of excesses, or even inflict any injuries, or bo guilty 01 any violation 01 uicir corporate powers with iiupumrv. Far from it. They may bo punished, and tlieir corporate privilege taken from them, whenever they shall trnnsvnid their bounds, as remlily, and by the same niiihoriiics, as individuals may bo, and llio course ia as plainly marked out. Sir, it is among the first principles of law, thai the judicial tribunals Iiuvp the power 10 inquire into the misconduct of corporations, lo nut rain, to prohibit, and dissolve tticin. It is a principle of common Inw, every when recognixed, not only in tho United States, but elsewlirre; 11 nil iu most of the State, n well ns in Ohio, the method is clearly poiutcu out by tlatute fair. If iho bank hnvo been guilty of the enormities with wliuh thev nru charged 011 tint stump and elsewhere, take tho Icunl course to bring llvciu to justice, and I will go along with the lorenioM, Sir, I do not stand hero aa the ml vocal 0 of the hunks or any other incorporations, but 1 stnttd hero as the advocate of tho rights of the pcoplo who have placed mo here ; and how can I belter sustain their rights tbnn by defending, against inroads, t lint constitution which I am hound to support, and under which this pcoplo hnvo lived in the enjoyment f a dt grve of prosperity mid Imppinesa unknown to any other nation. When I bear the strange and novo! doctrino advanced and stiHtnineii, that tho opinions, the doctrines, and tho prncticc uf tho framers of ihe constitution bavo no binding cllVct upon us, hut that the will of tho Legislature ia supreme and uncontrollable, I fear tho result, Sir. the Vandal hand of tho destructives must bo strive d. If tlieso prrmcioua doctrines are sufH rrd to prevail, the mighty fabric of freo government, reared by the sacrliicea and wisdom of our forefathers, will crmnblo into dust, anarchy will succeed to law, and despotism will eventually usurp the place of constitutional liberty. Many of tho authorities read, and the comment, have been omitied, because of tho leugtb. lo which it would extend Hw article. ralph p. bucklaivd, attorney am coVnsellor jit law, Lowxa Hahdcbkt, Ohio, WILL attend to tlia business of his profession and to the Agency of Land InHaiuhiiky and the adjoining counties, liefer to Eliiho VVlilitlesey.Canlield.Ohlo. Janunry 3, 1839.. ly. Chinn, Glass mid Uucensunre. A LARGE and well selected assortment Just received snd for sale at H. llALDWIN'S, Dec. iifl..iw& . one door south of Kolilnton's City House HOOT.H AM) HHOKH. TVl EN'S and Boy'g thick, seal snd Calf Uuoti, coarsenud fine 1VX Shoes snd Brogaiis. Ladles Gaiter and Leather boots, i'runelln, Morocco, leather and furr'd Walking Shoes and Blip-pert, a good asHortmont just received and for sale by II. BALDWIN, Dec. 28..1w&w. one door soutli of Robinson's Cliy House ooii:hs tooi.n. A FINE assortment of Coopers Tools, manufactured at Rochester, N. Y. Just received and for mle by ELLIS, WIN8I.OW & CO. Armstrong's new buHdlnjr, 2 doors B. of Gregory, Burr & Co. Deremher 12. .15 tw2w wlm. BOOTH AM) HIIOK.S. THE subscriber respectfully In tonus his customers and llio public generally, that lie continues his Uoot and Hlioe Manufactory at No. (JO, High street, one door south of Messrs. Greenwood & King's store, and thnnkful for tho very liberal patrotingo lie has received, solicits a continuance of their favors. He Intends to devote his attention, principally, lo making custom work, and Invites those who want a superior article to call and examine bis stock. Water-proof Boots, made and warranted to be surh. which, for durability ami comfoti, are not surpassed. Fine dress Itoois, equal to any made In Hie En stern cliy. Together with all other articles Hint are mndfl in his line. A large qunntltv of Eastern Hoots and Shoes, Fur Caps, Hosiery, &e. on hand, which he oners vury iuw lor Ctou. oiin UUNN. N. B. The suliscrlber takes the present opportunity to request those who are indebted lo lihu, to call and setile tholr accounts, and those who have accounts agnlntt him, will plenw present them for settlement, as circumstances require that his hooks should be closed without delay. Business will be done lie render at reduced prices for Cash. JOHN DUNN. Columbus, Dec. 6.. 13 2m tw. HATH! II ATM!! HATS!!! Qtoynne's Block, one door north of Baldwin' Store, Col utabut. N. R. H1LKK, RESPECTFULLY Informs Hie ciiizensof Columbus and Its vl clnlty, that lie still emit limes iho manufacture of Hats, wholesale and retail, nml warrants ttinn got up In the true City style. He has on hand a A tie asaurlment of Fall Fashions; among which, are Clipt Beaver, end short nupp'd Nutrias, plain Castors, black and white plain Kusila, fashionable Hilk Huts, the very best no. i ann , tow crown oroau brinunoii nmooin Castors, a very du ruble article for old gentlemen, a variety of shades ami shapes, common black and drab Fur Hals, Children and Youth's Fur and Hilk H mi. All of which he wl I dispose of low for Cash or approved cred it; and warrants to sell at 20 per cent. leas than any Dry Goods house in tne my. N. n. Very thankful for the liberal pntronags bestowed on lilm, and wUties a continuance of the same. Q J 4 or 5 thousand Coon skins wunted, for which a fair price will be given. November 23.. 11 downs. . NEW AND FASHIONABLE HAT AND CAP ESTABLISHMENT. JYv.L Corner of High and State street one door south of the State foue, and direct! opposite the Clinton Bank. frVIE Columbus public Is respectfully Informed. Hint tliesulwrb J hers have entered Into co.pnrtnernliip in the business of Hat tcrs, which It is their Jesign to pursue In nil Us various branches. Thny have now on hand a large and fine assortment of HATS and CAPS, of almost every description, which they will dispose of at the lowest market rates. They have alsoj ust commencodthe MANUFACTURING of HATS and UA i'H, winch iney are prepared 10 make to order, on Ihe shortest rotice, of any fashion orquallty. They are not disposed to boait of the excellence of their work, but leave that matter to the good Judgment of their customers, who are Invited to call and finnihie for themselves. All that Industry, attention, and a knowledge of the business can accom plish, to satisfy a generous public, the undersigned pledge them srlves to do. As we do a Caak hueintta exclusively, we can afford to give good bargains. J. E. RTIHHHX, A. McGIN'NIS, JR. Columbus, Nov. 2.1. .11 3m wasw. (Tf Wanted, as above, five thousand eoou skins, for which the highest price in cash will he paid. Fire and Marine iiiHuruuee. riVIB COI.UMIUIS INSURANCE COMPANY, having eom JL pleted their arrangements to that effect, are now prepared, In addition to their former business, to take MARINE RIKKS, on Produce or Merchandize passing between the Eastern and Western or 9oiitliweleru porta, and on all vmI navigating tlia Wctlprn or Hon th wertern waters. ffnvHijr a perpetual charter. ann a w Thmmnrf ilnUnrn. H-Hh Iffwrly to increase Ihe same to Three Hundred Thousand, the Director have determined to extend their business to meei the Increasing demands of the Western country, and lo deal promptly and liberally with their customers. Merchants and others wishing to Insure, can apply at our office iu Columbus, or to any of our Agents In the principal towns of the State, and may rely upon meeting with lliieral terms; and In case of loss, with prompt payment. Tho Directors assure tlie public that no vexatious delays shall occur la the adjustment 01 claims tor loucs, aud no advantage will 1 taken of legal quibbles or technicalities. By thus dealing liberally and In good faith, It Is hoped this company will continue to enjoy the full confidence or the community. Office In Butties' Block, No. 32 1, High street. By order of Hie Hoard, WARICKN JENKINS, Secretary. Columbus, June 20, 18J0..wasw P1SII. A FEW his. of White Fish and Trout, for sale at tht old stand . 0fMrKlvalnfSillu11lcr.br 8. T. HEPFNKR, Jnnusry 3.1IU9. FLOl'lt- r4 MA. BupcrRne Flour, for sale at the old stand of MrEl w v vaia k. Hunter, by January 3, HU9. 8. T. IILt'FNEK. CANII FOIL WHEAT. 1.1 VP. THOI'BAND bushels of Wheat wanted, for which I will pay the highest price In Cash, delivered at ihe ohl stand ofAlrElvalnet Hnnler. 8. T. II Er FN Eli January 3, 111.19. FKKNII TEA. J HALF Chests Y. II. Tca.Just received and, for sale low m w w iur,nn,ny n. 1. iir.rrnr.it, January 3, 1839. flnrrtMor to MrFJvsin h Hunter. FARM FOR HALF. milE advertiser wishes to sell his Fnrm, situated upon the west I side of Srloto river, IA mil above Columbus, and 5 above Dublin, containing 200 seres. Tlila is one of lite best pieces of land upon the river. A never failing stream runs through the whole: there is a stone house, built In the best manner; also a spv clous barn: there are about tit) acres under Improvement: a well of water close lo Hie door. This farm la not ottered for sale like most oihers, because thry are worn out; but lieeauae the proprietor w it bee to return lo Kurope. The improvements have ell been aiade within Iho last four years. The house would maae an ex eel lent Tavern stand, being on Ihe Ktale road. There can bono doubt but this property will be worth .0 an arre in a few years. To prevent trouble, $H) an acre to the nrlae: one half the pur chase money may remain on bond and mortgage for two years. Inquire of ihe subscriber, JOHN KOIHNPON, At the farm, upon Dig Run, 8ciolo river. June 1 2, in.1fl..1y SI'I.FMIIO MWDOX M'OIIKN FOR CHRISTMAS AXU XEW iFJRH PRESENTS. npHE Drawing ftrap lloolc, for IHJ9, with Poetlrsl illustraliona s ny miss i.anuon, a ncauntui quarto volume, etcgaatiy bound, with splendid engravings. The Imperial, a Christmas and New Year's present, for 1639, an A.IHVU kUtlllllV. (WMIIMt III (I I IM TlllO.J . Ackerman's Forget-Me Not, fur ltU9 elegantly bound In Turkey Morocco, and embellished with eleven finely finished engra vlnts. Friendship's Offering: and Winter Wreath, for 1(0 beaatiful- Iv bound, and embellished Willi (tne steel engravings. Heath's Picturesque Annual; roy. octavo, elegantly bound la Velvet. The Flowers of Loveliness; an Assemblage of Female Beauty. Elena nil v bound. The Gems of lteauly, displayed In a set ice o twelve highly An billed ana rt villus. Thetkenle Annua . Ed ted l Tliomss lam tweii, c. as elrunt ausrto vol.. with hisblv AnUhed engravings. The llvron Hallerv: a series of Historical Kims? ntinmenio, illus trating the I'ociical Works of ld Hyron. une 01 tne most spicn did hound rolumos to be mH with. Tho Aies of Female neauiy. Illustrated in a series 01 engra ln from Hriivlnn bv Hie molt emillCnnt SrlhU'. UuarlO. Views of Cities and Hrenery in Italy, France, ami nwunriana eantMlnliiit furU -three Plates, ham swnriv IHMinu. wuario. 1 he Komsnca of Nature! W. The Mower Drawn, iminrawa 1 by numerous engravings, beautifully colored. Findon's lleauiics of Hyron; or, ranraiis tmripai ro , male characters In Lord llyroni Poems, A quart vol. elegantly bound In Turkey Morocco. Ftn.lon's flallcry oftlw Hracesi of Portrait Illustrations ofllrhiih Poets; from lutings designed expressly for this work by the most eminent Arttsls. A quarto vol. superbly bound In Morocco, Wanderings and EkihiIoub In Norlh Wales: By Thomas Rnacoe, Esq. With (My one Itiie steel engravings. . 1 vol. roy. H vo.,eleganily hound. , .... Leila; or, The Biegoof Grenada, Illustrated with aplendid en gravlnga from drawings by the most amtoonl artiste. 1 vol. roy. 8 The Modern Gallery of llrlih-h Atllsts, consisting of a series of engravings of their most admired works, with Illustrative de-ecrlptlons.The Rivers of France, from drawings l.y J. M.W. Turner, R. A. A roy. II ro. vol., eoutntnlng 31 splendid engraving, together with a large assortment of other elegsut Londnn works, hi si received and ur sale at Ihe HookHtoreof I. N. WHITINU. ieccmlt?l..lT MO LASHES AND SUGAR. 1 BUL9- H01!"". IV 5 " Sugar. Just received and for sale by 8. T. HEFFNER. January 7. TCHESfKK. WO THOUSANDpoundsof Western Reserve Cheese, a su-porlor articlo, for iale at the old stand of McElvafn Hun-er; b 8. T. HEFF.EB. January 7..twaw. EXKCrjTOK'M NOTICE. ALL persons indebted to the estate o( omcrt Carpenter, dee., late of Berkshire township, Delaware county, are reoueibid to make lmmsdlste payment; and those having claims against said estate, are notified to present their accounts legally proven for set Heme nt within one year from this date. IIBNKY CARPENTER, 1 . JAMES W. CUTLER, J J January 7, 1839. .21 4w. Executors. XOTlf!R. YORK county, ss., In the Orphans' Court of York county, December 14. 1638. In the estate of PATRICK SCOTT, dec'd.on motion of Evans and Mayer, Esqs., the Inquisition and appraisement confirmed, and rule on the heirs and legal representatives of Patrick Scott, to appear on the 19ih day of February next, to accept or refuse me reai estate oi decedent, at the appraisement thereof, or show cause why Wihould not bo sold for distribution. Notice of this rule to be given by publication, 4 weeks In one newspaper in liar-rlsburg, Fa., and in one In Columbus, Ohio. Ily the Court: GEORGE FRYSINOER, Clerk. Jnnusry 9, 1839. .21 4w. KSTUAY. WE, the undersigned, beiug called upon to view and appraise an astray mure, taken up by W. Robinson. of Darbv town ship, Union county, Ohio, do find the same to ho an iron gray, the right hind foot white, about fourteen hands high, three years old last spring, no other marks or brands perceivable. Appraised to $25 by James Martin and Lucas Low. on 7 iii tQ ii iw ioIIN fl. GttEENINO, J. P. EST RAY. WE, the undersigned, being called upon to view and appraise an est ray mare, taken up by Joshua Judy, of Liberty township, Union county, do hnd the same to be a liif lit gray, shod before, no marks or brsnds pcrcciveabhr, supposed to be seven or eight years old. Appraised to f J5 by Bauiuel Turner and David Turner. Sworn to and subscribed before me, this 20th day of December, A.D. 1838. JAMES HERD, J. P. January 7, 1U39..21 3w EST RAYS. WE.theundersigncd.bchig called upon to view and appraise two esirays, taken up by Ohadiah Davis, of Prairie township, Franklin county, do find the one to be a light grey horse, with a white face, four white feet up to the postern Joint, a white spot on the nesr side of the neck, about fourteen hands high, supposed to be four or five years old, and a natural trotter. And the oilier a dork grey fillcy, with a blaze in the face, some white on the near hind foot, about thirteen hands high, supposed to be two years old. The horse appraised at 917, and the Alley at till. Appraised by Christopher Uavts and Isaac NefT. Jan. 7. -21 3w. R. OOLLIPAY, J. P. EST KAY.. WE, the undersigned, being called upon to view an appraise an est ray ninre, taken up by Samuel W. White, or Franklin township, Franklin county, do find the same to. be a sorrel innre, supposed to be three years old last spring,, the fore feet while up to the pastern joint, also the off hind foot white up to the pastern Joint, a star In the forehead and a snip on the nose, no other marks or brands perceivable. Aoprauwd to J0 by Jacob White and Westlty Preston. 8AMUEL DEARDURFF, J. P. Dee. 31.. 20 3w. NOTICE. TIIF.lt F. will be a petition presented to the Commissioners of Madison county, at their next meeting, for a change In the location of the Lock bourne State road, and Hie London road to Gcorgesvllle; beginning at the Spring Volley road, and to run on the line between Smith and Samuel Adair, to their (list corner,' 50 rods more or less, then lo the north west corner of the tand of Tliomas Jackson, thence through the lane, between Joseph Jackson and Stephen Morris, and thence easterly to the Mount Sterling road, and to run Hie Georgesville road lo intersect the old road at or near tlie Jackson Mill road. January. 7. .21 6w. HIIKIIIFF HALE. BY virtue of a venditioni exiKinas.lo me directed from the Court of Common Plea of Mndiion county, Ohio, there will be offered for sale at the door of the Court house, In the town of Lon don, In said county, on the 9th day of February nexl, between th hours prescribed by law, the following descrmed real estate, to wit: one hundred and nfty acres off of tlie south-east end of Hire hu mired and thirty acres, No. &2t)0. Taken inaiecutkw aa the property of John Oris man, at the suit of Iho President, Directors and Company of the Clinton Bank of Columbus, against said Crle-man and others. WILLIAM WAKNEK, tJh'ff January 7,l39..2l is. Msdiwon county, Ohio. HHKItlFP'H SALE. TJV virtue of two oinriitions lo ma directed from the Court of JLM Vonmmn vitam of Mnduou county, there will be offered for ale, at 1 he door oi tlie CourWiouae, In ihe town of Londem, Jih said county, on the 9th day of February next.hetween the hour prescribed by law, tlie following described reel estate, to wit: Be ginning at 3 bur oaks, corner 10 Charles Scott's survey, north. running wunsnia survey, n. 2, w. ,U poles lo 2 bur oaks and hkkofy,ibcnceB.25,VV.89polesto bur oaks, corner to Wm. H run el's, snd thence with his line, Nf25, W. 17 pole, rroealng Sugar run to whkteoaks, thence up the run, 8. 57, W, 250 poles to a black oak, lhen.e 8. 14, B. 210 poles, crossing Hugar run lo a small black oak, (In the federal road) thence with said road N. nn, k. 213 noies to a stake ana stone, thence 8. 25, E. 1 14 poles 10 a siase ana atone, inence wttu another or tits lines N. m. 60, poles to tne neginning; containing six hundred acres, he the same more or less. Taken In execution aa the property of George Klous, at the suit of therresldenl. Directors and Company of the Franklin Hank of Columbus, and Thomas I). Cartientar. aialnat Jolm Klous, George Kious, and others. WILLIAM WARNER, Sh'nT January 7, 1B39.-2I Is. Madison county, Ohle, 8IIFR1FF 8ALK. BY virtue of a venditioni exponas, to ma directed from the Court of Common Pleas of Madison county, Ohio, there will be offered for sale at the door of the Court llouse, m the town of ixtntion, in saw county, on Ihe 9th day of February nexl. between the hoars prescribed bylaw, tlie following described irartsor Mr- eels of land, to wit: beginning at it bur oaks, east corner to the north survey of the heirs of. Thomas Hill's survey No, R876 which sorner la 200 poles r 8. 35, east corner of Bewell Osgood's survey No. 8UB9, inence 8. 65, W. 200 polea to 3 post oaks, south corner to Hill's said survey, thence N. 25, W. 80 poles to a slake, thence N. 65, E. 200 pole to a stake In the easterly line of said survey, inence o. k. ku potus to uie beginning, one hundred acres, and being a part or Hill's survey, No. 8476. The second lot, part of entry No. 3405, beginning at a bur oak and post oak In the east line of the original survey, and north-east corner of Andrew Mears lot, . unnlng from thence with M ear's north line. 8. 65, W 212 poles to a stake In the west line of the said survey and north-west corner of snid Mears lot, thence with the west tine of said survey, N. 25, W. 75, poles to a stake, thence N. 65 j, B. 212 poles to a stake In the east line of the survey, thence with the same, 8. 25, E. 75t poles to the beginning; containing one hundred acres less or more. Third lot, to wit: one equal undivided third part of the survey No. HH76 of 1 til acres. Taken In execution as Hie property ef John Kious. at the sultofKaauwI N. Kerr, against said Kioua. WILLIAM WAKNEK, Shlf January 7.1H39..2I ts Madison county, Ohio. HISTORY OF THE IMTK.D STATEjJT ' TjROM the Dswovery of the American Continent. By George Bancroft, 4Ut edition. From the Goltingen Review for March 31, 183ft. written by the celebrated Historical Professor lleeren.J We know few modern historic works, In which Ihe author has reached so high an elevation at once, as an historical Inquirer aud an historical writer. The grest eonsrlenttousnesa with which he refers to his authorities and his careful criiktsm, give the meet decisive proofe of his comprehensive studies, lis has founded his narrative on contemporary documents, yet without neglecting works of laier times and of other count rlea. Ills narrative sieve-ry where worthy of the subject. The reader la always Instruct ed, often more deeply Interested than by novels or romances. The --. m. m- . . 11 in a ,1(1 mi ni aniruir; Mil Mle Inspiration Is that of Ihe severe bistorUn, which springs from the heart," Review In the North American. Dy Governor Everett. A History of the Untied Slates, by an American writer, pose-eases a claim upon our attention of tlie strongest eriarexter. It would do so under any circumstance, but when we add that Ihe work of Mr. Ilancroli is one ef the ablest of the class, which has for years appeared In the English language; that It compares advantageously with the standard British historians; that as far as it goes, It does surh histiror to. lie noble subject, as to supersede the necessity of any future wark of lite same kind; and If completed as commenred, will unquestranshiy fur ever be regarded, both as an American and aaan English classic." New Yotk American.) "We consider It a source of congratulation to Ihe whole nation, that so accomplished a scholar, sa patient an Investitaior, and so eloquent a writer, its e. 11 11 Jar taken the much needed task of writing a worthy history of these United State. In the volume be rare us, we see abundant evkoeure tnsi, wtuie trutn win t any expense of labor In ferreting il out from the original autliorltlee, instead of relying, as is so common, upon me sopieaortofikebe fearlessly spoken, no prescription of lime or great names will K allowed to sanction error. a It will be received, we reel well aesmed, ns a woiihy ouming to htscouniry, (rum one of her able and qualified eons." Just received and tor sals at the uooa more or December 2. 18 A AO N. WHITINP. llHiMlvr"VIUK AND TWni; rw Mi ""om wir 200 ' Twine. Just received and for sale by KI.I.I8, WINHLOW A CO. Armstrong's new building, t doors 8. of Gregory, 8ur 4 Co. December 12. .15 twiw who, REMOVAL T1IR subscribers have removed lo Armstf eng's aew building, on High street, two doors south of Gregory. Burr fa Co., where ihey have the most exjonaive assortment of Hardware ever ornirod for sale Imhhirliy. Also, a very large stock of Iron, Nails, 8ieel, fcc, all ol which they will dispose of on u favorable terms as nny other establishment In the Btate Nov. J0..U 2wtw wlm. ail, LIP, WINfUOW A CO