Albany Argus
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00073839/00002
 Material Information
Title: Albany Argus
Uniform Title: Albany Argus (Albany, N.Y. 1832)
Physical Description: v. : ; 64 cm.
Language: English
Publisher: Croswell, Van Benthuysen & Burt
Place of Publication: Albany N.Y
Creation Date: December 17, 1839
Frequency: weekly
Subjects / Keywords: Newspapers -- Albany (N.Y.)   ( lcsh )
Newspapers -- Albany County (N.Y.)   ( lcsh )
Genre: newspaper   ( marcgt )
newspaper   ( sobekcm )
Spatial Coverage: United States -- New York -- Albany -- Albany
Coordinates: 42.652594 x -73.757314 ( Place of Publication )
Dates or Sequential Designation: Began in 1832. Ceased in Dec. 1840?
General Note: Description based on: Vol. 3, no. 2 (July 5, 1834).
Funding: Funded in part by the University of Florida, the Library Services and Technology Assistance granting program of Florida, the State Library and Archives of Florida, and other institutions and individuals.
 Record Information
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 09706694
lccn - sn 83030906
System ID: UF00073839:00002
 Related Items
Related Items: Daily Albany Argus
Related Items: Albany Argus (Albany, N.Y. : 1828)
Related Items: Albany Argus (Albany, N.Y. : 1838)
Succeeded by: Rough-hewer
Succeeded by: Weekly Argus and rough-hewer

Full Text

E. CROS.WELL, Printer to the State.
THOS. M. BURT, Prp ietors"
OQfce No. 370 South Market street. IT Coun
Room in the second story.

er annum, payable in advance.
DAILY ALBANY ARGUS-Eight dollars per ann
payable half yearly.
ALBANY ARGUS, wzEKLY-Two dollars perann
p ayablein advance, without which no paper will be se
o subscriptions received for less than six months.
No paper will be discontinued, (unless at the discrete
of the proprietors,) until all arrearages are paid.
gr7 Advertisements conspicuously inserted on the c
tomary terms.
h Insolvent notices inserted six weeks for $1,67,
weeks for $2. Other legal notices are charged at
rate of 50 cents per folio (of 100 words) for the first
vertion, and 20 cents per folio for each subsequent ins
sertion. In all cases payment is required iu advance.
All letters and communications must be post paid.

Twenty-sixth Congress----First sessic
Monday, December 9.
Mr. STRANGE took his seat, this morning.
On motion of Mr. ALLEN, it was unanimously
Resolved, That a committee be appointed to wait
the Pro ident ofthe United States, and to inform nim ti
d quorum of the senate had assembled, and that their
nate il ready to receive any communication of an Exec
tive character which he may make.
And Messrs. ALLEN and WRIGHT were nam
as the committee.
Mr. TAPPAN offered the following:-
Resolved, That the Secretary of WVar be directed to r
port to the senate:
1. What would be the effect upon the military servi
of the co ntry, of a regulation by which all officers of t
arny, on arriving at sixty years ef age, should be perm
ted to retire from service upon half pay.
2. What would be the probable annual charge upon t
Treasury of such a regulation.
Which, by the rule, lays over.
The senate, pursuant to a previous order, wei
into the election of officers, and ASBuRy DICKE
was unanimously reflected Secretary; STEPHI
HAIGHT Sergeant.at-Arms and Door-keeper; an
ROBERT BEALE, Assistant, on the 3d ballot.
Mr. HUBBARD noticed for introduction, at th
proper time, a bill to establish a Board of Commi
sioners to hear and determine claims against th
United States.
The senate then 'adjourned.
The CHAIRMAN called to order at 12, and state
the question pending to be on the objections
Mr. WHITE, of Ky., to the reading of certain
documents, by the Clerk, in obedience to the ca
of Mr. DUNCAN, in the course of his speech.
Mr. GRANGER took the floor in opposition t
the course which he said it seemed to be the de
termination of a majority of the house to pursue
in regard to the New.Jersey delegation-that is t
settle the matter of the contested seats before pro
ceeding to organize, by the election of' Speake
and other officers. He contended that it woul
be a dangerous precedent to pass over regular cer
tificates and to undertake to try the rights c
members to seats upon what lie characterized a
volunteer certificates of persons unknown there
and made only under the obligations of an oat
before a justice of the peace. But as the friends o
the administration preferred this course, and seem
ed to be willing to take the responsibility of i
upon themselves, he should vote lor the reading o
the papers in question, with the understanding
that the whole testimony on both sides should b
Mr. VANDERPOEL said the question was, wheth
er the papers on the Clerk's table should be rea
by the gentleman from Ohio, (Mr. Duncan.) The
were papers that went to show that, according t
the ballot-boxes a majority of the popular vote wa
given for Mr. Dickerson and his associates. I
this point were well established here, either by evi
dence such as would satisfy the conscience of an
reasonable man, or by the admission of the parties
interested, or their friend, the only uncontested
member from New Jersey, (Mr. Randolph,) hi
thought the house would immediately be prepared
to act, not only upon this question of order, bu
upon the point which set of gentlemen should bi
regarded as the legal and genuine members of this
house. The position ho (Mr. V.) took when he
submitted his first remarks on Tuesday last, was
that it the house could be convinced that Mr. Dic
kerson and his associates had actually received the
majority of the popular vote as canvassed by the
boards of canvassers who presided over the boxes,
and whose duty it was to receive and canvass the
votes, and pass upon the qualifications of the vo
ter, it would be its duty at once to do what th.
governor had done; give them as the lawyers
would say, their certificate nuncpro tune, and let
them take their seats. In order to ascertain these
qwastious of fact .early and distinctly, he vw'ould
propound to the gentleman from New Jersey, be.
fore him, (Mr. Randolph) a few questions. The
first was whether, according to the ballot boxes,
and the canvass made by the canvassing officers
who received the votes, Mr. Dickerson and his as.
sociates did not receive a majority of the popular
Mr. RANDOLPH answered yes; that, including
the voters who were disqualified, and had no right
1o vote, they did.
The next question he would ask the gentleman
was, whether if the towns of Milleille and South
Amboy were included, Messrs. Dickerson snd his
associates would have a majority of the popular
Mr. RANDOLPH responded that they would; that
he would not deny that the towns of Millville and
South Amboy were excluded by the governor and
privy council in casting up the votes.
Mr. VAnDERPOEL said he would ask another

question for information from the gentleman.-
After the board of canvassers, the primary tribunal,
had canvassed the votes and returned their certifi-
cate of the votes to the county clerks, could the
county clerks, or the governor and privy council,
according to the laws of New Jersey, go into the
ballot boxes and reject votes, on the ground that
the votes of aliens or other disqualified persons had
entered the boxesl
Mr. RANDOLPH was about to rise, when
Mr. Wiss here arose and objected to this course
of catechism as being out of order, and was pro-
ceeding to show wherein, when
Mr. VANDEKPOEL said he would waive the ques-
-tion and answer it himself. He had heard much
about leaping over the law," but he was induc-
ed to ask this question in order tVa show that these
gentlemen, who were now such sticklers for the
laws of New Jersey, were themselves sanctioning
a most palpable violation of law; but as gentle-
men objected to the question, it was needless to
press it, and more especially, as he, in common
with every other gentleman on the floor, who
could read the English language, could answer it.
He had merely questioned the gentleman, in or-
der to have the irresistible conclusion of that gen-
tleman's mind superadded to the clear interpreta-
tion of a statute ol'f his own state. Let gentlemen
read the law of New Jersey, and they will look in
vain there bfor any authority on the part of the
mere returning officers, the clerks of counties, or
the Governor and Privy Council, to enter the bal.
lot boxes, and reject votes, on the ground that
voters were disqualified. They were mere return-
ing officers, and could not arrest votes on their
way to this house, the only appellate court, after
the primary court, the board of canvassers, the
keepers of the ballot boxes, had passed upon their

Mr. JENIFER said, if the gentlemen from Virgi- the house. And what now? (asked Mr. B.) Why, v'
Snia did not move the previous question, he (Mr. J.) now we stand precisely where we stood when Mr. W,
Moved it. He had no idea that a gentleman who Dromgoole put his inquiry to the Chair, as to by
Sgot up and abused halt the members on all sides oi who should be counted. [Cries of 11 Exactly; pr ho
Shim should be treated with this consideration; he cisely; that's it."] No new question has since er
had no wish to wait in order to hear the rest of been raised, and therefore the question recurs on qu
Such a speech, the motion to lay the resolution of.Mr. Wise up- wh
Mr. WisE hoped the Chair would pause a few on the table. Now we have reached that point to Le
moments until gentlemen's watches came up to which the Chair referred, when he suggested that ge
the house time. the tellers should allow all to pass through who it;
Mr. DROMGOOLE. Is it in order to move a call offered themselves, and then report who had passed. N1
of the house? [Cries of Right. Question; questions"] cii
The CHAIR read the rule or order touching a Mr. DAVIES. I was one of the tellers formerly th
call of the house, and asked, if the house should appointed. If I am now to act in that capacity, sei
be called, whether the original question would not I ask of the Chair whose votes I am to count? bee
immediately present itself again, who were to be The CHAIR can no longer decide that question pr
allowed to vote? -It must be decided by this meeting, ho
Mr. DROMGOOLE. Certainly it will. That Mr. WisE. I hope the Chair will decide that it
question must stare you in the face, turn which the regularly commissioned members shall vte, wi
way you will, and the sooner it is met and deci- and none others, ho
ded the better. Gentlemen may say what they [Many voices, "He did, and the H,use revers- wi
please about obstacles to the organization of the ed it."] jur
house-that is the obstacle. Mr. BRIGGS. Cannot the Chair decide that all dia
Mr. CHINN here rose, and, walking towards the may pass through, and then let the house decide
Clerk's table, said there had been it great deal ot which votes are to be counted? bel
difficulty in determining who were really members, The CHAIR. I can decide nothing in the mat- the
and that this had determined him as to the course ter. I call upon this meeting to decide, cal
which ought to be pursued. Sir, said Mr. C.) Mr. TILLINGHAST moved, it-in order, that in the let
I hold in my hand the authority by which I come count by tellers on the question pending, such me
here to represent the people of my state. 'hat members as claim to vote by authentic commis leg
authority I now present to the Chair, and demand sions from the governor of New-Jersey, not cx- tut
to be enrolled as a member from the state of'Lou- feeding the number to which that state is entitled, wil
isiana; and I further propose, in the discharge of be counted when they vote. vol
my duty as a representative, to give in my vote Mr. TURNEY suggested, that as the motion to Jei
tor Speaker of the house. If the vote is to be lay on the table was not debatable, this proposi. ing
by ballot, there is my ballot, [handing up the Lion would not be in order, tie
ticket;] if viva voce, I vote for JoHN BELL of Ten. The CHAIR said that the question as to who an(
nessee. were to represent the state ol New Jersey must I
[This movement produced some merriment.] first be decided, before the question to lay on the dra
Mr. DROMGOOLE presumed that the gentleman's table came up. dra
name had been already enrolled. Alter some further conversation, Ch
Mr. CHINK said his name had not been called. Mr. BYNuM asked it' a motion for the previous shi
Mr. DROMGOOLE. Neither has mine: but I be- question would be in order? ha(
lieve the Clerk has it upon his roll. The CHAIR. It will, on the question Who she
Mr. WISE. By the clock of the Administration shall be allowed to vote?" ion
party, (looking at the clock opposite to the Speak- Mr. TILLINOHAST I move that those gentle- shei
er's chair,) which is, of course, always right, it is men irom New Jersey who have the Governor's put
now three minutes after the time of meeting. I commission be counted, ass
renew my motion for the previous question. Mr, McKAy, of' North Carolina. I move that bill


urn, nor Pennington, or some clerk Fithian, that they, So the decision of the Chair was reversed.
et, mere returning officers, could not suppress the Mr. WORTHINGTON stated that there were four
voice of the ballot boxes, and for a moment give members voting who hofd the Governor's certifi.
o seats to mere pretenders on the ground that the cate.
;US- ballot boxes contained votes that ought never to A number of persons called out, How many
have been given. We should do what the Go were voting who hold the certificates of the Se-
ten vernor and Privy Council should have done- cretary of State?" and Mr. CURTIS answered
the give the gentlemen the certificate of seats who, "four."
In- according to the returns and record, and truth [Much confusion-cries of "It makes no diffe-
eor- before them, ought to have had it; and then, it rence-it does not affect the decision-go on."]
the minority candidates want to purge the poll, The CHAIR nOW said that as the decision of the
let them approach us by petition; or, at least, tell Chair had been reversed, it was now bfor the meet-
all the candidates to stand back until the house, ing to say which votes should be counted.
)n. by a complete organization, shall acquire facilities ui Mr. WISE. On that I move the previous ques-
to look into the whole case. The course propos- On.
ed by those who supported the pretensions of the [Many voices: "On what? There is no ques-
Governor's members, would hold out most dan- lion before the house. What is the question?"]
gerous temptations to these ministerial officers to Mr. RHETT. The decision of the Chair having
y commit frauds. They could, under most frivolous been reversed, is not the question still on my mo-
(n pretexts, give to minority candidates certificates, tion to lay the resolution of the gentleman from
h. t enable them to aid us in the organization of the Virginia (Mr. Wise) on the table?
se- house, and, peradventure, to sit with us here, and The CHAIR. The first question before the house
cu- exclude the true members for months ; for those is, Who shall be permitted to vote?"
S gentlemen who had had any experience of oases Mr. RHETT here recapitulated the order of pro-
ed of contested election, knew how slowly they gen- ceeding, and insisted, with great respect bfor the
rally progressed here. He would then place, at Chair, that the question reverted on his motion to
this stage of our proceedings, all the papers that lay on the table.
re- went to show what was the popular voice, as ex- Mr. WisE. By the decision just given, we have
ile pressed through the ballot boxes, and would not now excluded one class of the New Jersey claimants to
lie consent to hear any affidavits that went beyond seats, but have not excluded the other c ass. The
it- them. He had learned that the Governor's mem- question now was, whether the contestors, who
he bers, either to cover their retreat, or to supply had the Secretary of State's certificate, should
themselves with the semblance of a pretext lor vote. Was it the intention of gentlemen to per-
claiming their seats, had recently taken some tes- mit those persons to vote?
nt timony under a law lately passed by the Legisla- ["No,"' no," "no," from several Admninis-
1s ture of New Jersey; that they had sat very quiet- traction members.]
EN ly for nearly a year, and then conceived this after- Mr. DROMGOOLE said all difficulty might now be
ad thought. He would not, before organization, avoided, by going on as the Clerk had proposed in i
give them the benefit of this after-thought, but the first instance, without counting any of the dis.
e would for the safety of all future candidates, first puled gentlemen from New-Jersey. t
s. purge the case of the fraud of the mere ministerial Mr. WISE: This was the decision of the Clerk; (
he and returning officers. Duty and example requi- but was it the decision of the house? Let us at- t
red this. tempt to progress as we may, this ghost of disor- g
The debate was continued by Messrs. EVERETT, ganisation will rise up before us, and we will then
W. C. JOHNSON, BLACK, COLQUITT, NISBET, and have to decide who will vote. n
UNDERWOOD, who concluded by moving the previ-. The CHAIR: It is impossible to put the motion c
ed ous question, of the gentleman from South Carolina (Mr. Rhett)
of The call was seconded by the house, and the to lay on the table, until the meeting shall have
n previous question, "shall the papers be read," decided who are to vote upon it. The state of
ill was put and carried, 106 to 101-Messrs. F. THo- New.Jersey cannot constitutionally be deprived of her ti
MAS and TILLINOHAST acting as tellers, representation in this house; axd so long as I stand
o The CLERK proceeded to read, and went through in this place, she SHALL not. a
.e- the papers-not however without continued inter. [Much confusion. Laughter from some parts of
ie ruptions from the opposition in the house-and the house; a faint clapping, and a few faint hisses o
o Mr. DUNCAN resumed his speech, but soon gave from the gallery.]
D. way for a motion to adjourn, which was carried, Mr. WISE. I move the previous question on I
er and the decision of the Chair. tl
ld The heuse adjourned. Mr. THOMAS of Maryland suggested as a mode
r- of proceeding without difficulty, that the vote be ri
:f Tuesday, December 10, 1839. taken on the motion to lay on the table, by tellers; ca
Is IN SENATE. and if the faitct of any portion of the members h
e, Mr. ALLEN, from the committee appointed un- tromrn New-Jersey voting should not change the ce
h der the resolution of yesterday, reported that the result, that the decision of the question should be
)f President had been waited on, and had returned announced without raising this question; but if, ci
i. lbfor answer that he had Executive communica. by their votes, the result was changed, then it a
it tions to make. would be time enough to bring up this question as t(
)f Several messages in writing were subsequently to who should vote.
g sent in. Mr. WISE insisted on the regular course of pro- h
e Mr. LIN gave notice that he would bring in a ceeding. The Chair (said he) made a decision.- qi
bill authorising the President to takepossession I called tor the previous question; that motion is o.l
I- of the Territory of Oregon. now in order, and I hope we are not to be harass- it
d The CHAIR having announced that the messa- ed with endless propositions. I call fobr the appli- s(
v ges from the President were all of an Executive cation of the rules of order. I moved the previ- C
o character, the Senate proceeded to the conmidera- ous question.
s tion of Executive business, and afterwards ad- Mr. BRIGGS. On what? [Much noise and
[t journed. confusion.] as
i- The CHAIR. The previous question is on the
y HOUSE OF REPRESENTATIVES. motion of the gentleman from South Carolina to fr
s At 12, by the house clock, the CHAIR called to lay on the table the resolution of' the gentleman h:
i order, stating that the question pending was upon from Virginia. be
e the appeal taken by Mr. Vanderpoel from the de- Mr. WISE. No, sir. I understood the Chair to a
d cision of the Chair, touching the votes which make a decision as to who should vote, and upon mni
t were to be counted from New-Jersey, and that on that decision I moved the previous question. 0o
e that question the gentleman from Ohio (Mr. Dun- The CHAIR again stated the question as before, st
s can) was entitled to the floor, and concluded by saying that the house had re- m
e Mr. DUNCAN not being in his place- versed his decision; but it had not determined who ci
Mr. WISE moved the previous question, should be counted from New Jersey, and he could tc
Mr. DROMGOOLE appealed to his colleague to de. not put the question to lay on the table until the w
e lay that motion. Would it not look a little un. question as to who should vote from New Jersey ei
e lair thus to take advantage of a few minutes' dif- should first be decided, w
ference in clocks and watches to cut off the gen- Mr. BRIGeS, Mr. TILLINGHAST, Mr. WISE, and w
t tlemi from Ohio by such a motion, for being a several other gentlemen were addressing the Chair te
*minute or two behind his time? simultaneously, qt
Mr. WISE said he had no desire to cut off the [Great noise. Some laughing; others giving it
residue of the gentleman's speech, but he did not demonstrations of angry excitement; halt" the w
t understand that he was certainly expected to pro- members were standing.] th
aceed. He would let his motion stand for a few Mr. SERGEANT rose and said there were so many J(
mi.utecs longer, and iftihat gentleman should then members on the iuor, and so much noise in the te
appear and request him to withdraw it, he would hall, that it was impossible fbr gentlemen to tell de
do so. He hoped the Chair would pause a little, what was doing. He hoped members would take hs
Mr. CRAIG said that no doubt the absence of the their sests, a.
gentleman was accidental; he would soon be here. Mr. BRIOGS finally succeeded in getting a hear- th
Mr. JENIFER asked if the motion had been with- ing-recapitulating the whole history of the pro- cie
drawn? If it had, he should renew it. ceedings-the motion to lay Mr. Wise's proposi- re
Mr. WISE. I tell the honorable gentleman that tion on the table-the appointment of" tellers-the N
* I intend to move the previous question every time query as to who should be counted-the decision in
I get the chance, of the Chair, and the reversal of that decision by efi

rye but little practical purpose. This course had
en suggested by the chair some days ago as the
oper course to be pursued, and he hoped the
use would take up this suggestion and act upon
now. In urging this course upon the house, he
)uld state that his sole object was to bring the
use to action and avoid those difficulties in
which the house had been long involved, to the in-
ry of the public service, and at the risk of its own
tnity and capacity 1or future usefulness.
Mr. WisE suggested that all the propositions
'ore the house should be withdrawn, and that
e body should go back to the point where the
I1 of the roll was interrupted. Then (said hie)
the Clerk go on and call the roll, calling the
embers from New Jersey, who had presented the
,al ibrmal certificates, according to the Consti.
ion and the laws ot New Jersey. Then we
ill be prepared to vote; and when we come to
Le upon any question, ift the votes of the New
rsey members will not change the result, noth-
Sneed be said about their voting; but if it does,
en the tellers can report the lact to the house,
id the house can act upon the question.
Mr. McKAY expressed his willingness to with-
.w his resolution it other gentlemen would with-
-w theirs. He had only offered it because the
air had refused to put any question till it
muld be settled who was to vote. The Chairman
A decided that only the claimants on one side
>uld vote. The house had reversed that decis-
. Mr. McK. was willing to say that neither
muld. The Chairman had said he would not
t the question on such a proposition I He had
umed the unheard 9ft the monstrous responsi-
ty of refusing to put motions to the house


Carolina to lay his (Mr. W.'s) resolution on the
table. He begged the gentleman from Vermont
not to delay it by further remarks.
The CHAIR was understood to say, that even
when the house was organized, and under the full
influence of its rules, gentlemen were permitted
to make speeches, which had no sort of bearing
on the immediate question. This being the case,
the Chair did not feel himself at liberty to pro-
nounce the gentleman from Vermont (Mr. Slade)
out of order. The gentleman from Vermont is in

Mr. SLADE insisted that he was fairly entitled
to the floor, but said that, as an evidence of his
desire to bring this matter to a close, he would
yield it for the purpose of allowing one more effort
to be made.
Mr. RivEs rose, and attempted to address the
Chair, to make some suggestions as to the mode
of proceeding, when-
Mr. WISE, and several other gentlemen, called
him to order. Great noise and confusion prevail.
ed at the time, and repeated cries of go on, go on,
were also heard.
Mr. RivEs again attempted to obtain the floor.
Mr. WIbE again interrupted him with calls to
A scene of great confusion ensued, in the course
of which,
The CHAIR again explained the character of the
expedient before suggested by him. He considered
it had received a very general assent, but he did
not consider himself justified in regarding that as
the act of the meeting without a vote taken on it;

to move that one article of the constitution
blotted out? Without the solemnity of the oa
of office, and in the very teeth and eyes of tl
constitution, they were in fact called upon to e
punge a state of ths Union. it could not be don
The motion could not be received. Mr. J. the
offered a different Iroposition.
Mr. PETRIKIN had now reduced his question
order to writing, aid it was read.
The CHAIR replied that it had entertained r
new questions whibe a former question was peri
ing. The question alluded to by the gentleman
could not be entertained till a preliminary questic
was-settled, viz. "vho should vote?"
Mr. PETRIKIN. I deny it. There has been n
preliminary question moved by any body-it ha
been made by the clair itself-and that questic
is not and cannot be in order, till somebody hi
moved it and brought it before the Chair. Th
Chair cannot overrule questions and motions (
its own. I appeal froms such a decision.
The CHAIR. If the question should now be pu
on the motion of the gentleman from South Care
lina, (Mr. Rhett,) the question immediately would
arise, who are to vote upon it? That must firs
be settled.
Mr. RHETT said he thought they had better tak
up the questions presented to the house one b'
one. The Chair had decided that the question
was, of necessity, raised, who shall vote?" al
though no gentleman had made a motion to tha
effect. From that decision, the gentleman fron
Pennsylvania, (Mr. Petrikin,) had appealed. O0
that appeal Mr. R. moved the previous question.
Mr. BRIGaS rose to order, and was proceeding
Mr. CRAIG called him to order. [Several voice
called Mr. CRAIG to order.]
Mr. BRIGGS said the appeal of the gentleman
rom Pennsylvania was not in order, because an-
)ther question had since intervened. The ques.
ion now pending was ox the resolution of the
gentleman from Norjth Cirolina, (Mr. McKAY.)
The CHAIR. The.Ch;ir is of opinion that the
notion of the gentleman from North Carolina
annot be entertained.
Mr. PETRIKIN. From that decision I appeal.
[Loud cries of" order," "order," ",order."]
Mr. JoHNsoN called for the reading of his resolu-
Mr. PETRIKIN. I demand the question on my
Mr. BYNUM. I obj.ct tc the reading of the res-
Mr. JOHNSON. I move them as an amendment.
have a right to move at amendment. I call for
ie reading.
[The resolutions were gut generally of persons having the legal certifi.
a'tes to be sworn, and denying the right of the
house, before organization, to look beyond such
Mr. JOHNSON, I have not been sworn, and I
innot go through thesolemn farce of voting out
whole State vhen I have no power or authority
) do any such thing.
The CHAIR. The Chair will here state that in
is judgment he is not competent to put such a
question as tha of the gentleman from North Car-
lina; neither hus this meeting any right to entertain
. The effect f the'resolution is, that New Jer
ey shall not )e represented in this house; the
'hair cannot pUt such a motion.
[Much sensaion in the house.]
Mr. W. C. J)HNSON then offered his resolution
z a distinct proposition.
Mr. FRANCIS "HOMAS rose to ask the gentleman
om North Carlinia (Mr. McKay), to withdraw
is proposition,in order that another effort might
e made to settle! this question. He believed that
large majorityof the members of the house hau
lade up their ninds as to how they would vote
a this question in any shape which it might as-
ume. Then Ile it be the effort of every gentle-
nan to bring th< house to action. What was the
)urse best calculated to do so? Was it best for us
Sbe chasing stadows and discussing questions
which may nieveiarise? We would have difficulties
sough, by pursuing a straight forward course,
ithuut steppingaside to raise difficulties which
ere net in Lhe way. Thie course which he in-
'nded to pursue was, not to moot preliminary
lestions unae-;essari, Let the vote be taken.
Swas possible, when itd s taken, that the case
would stand as it stood day. It may b: that
ie votes ot the five disputed members from New.
jersey would not h. nn.-? the result, whether coun-
d or not. By this course the house may avoid
*ciding on these vexed preliminary questions,and
e thought every gentleman ought to endeavor to
'oid them if possible; the public interest required
is; but if they were decided on, let them be de-
ded on when the necessity lor it arises. With
gard to the proposition of the gentleman from
orth Carolina, it, in his opinion, decided noth-
g. That proposition, as stated verbally, is in
Fect that the niemibers from New-Jersey shall not
ite until the hIuse decides that they shall vote.
Tell, suppose this proposition should be adopted
' the house, it would be a mere abstraction. The
muse must then go a step farther and say wheth.
they shall vote or not. Then let us meet the
mestion to-day, and come up to the question
which is best calculated to avoid all difficulty.-
it us take the vote to lay the resolution of the
ntleman from Virginia on the table, or to reject
; and if the vote o' the disputed members from
ew-Jersey does not change the result, let the de.
sion of the mouse be pronounced without raising
ese preliminary questions of abstract right which

LNY, TUESDAY, DECEMBER 17, 1839. No. 2807.

be Mr. CRAIG. I am not in favor of delay; bu
th we are to continue to beat the air here, 1 may
he well do it aseanother. Let us look at this subj
x as men-as honest men-men who regard our co
e. sciences, and obey the honest dictates of our o
31 hearts. Let us act with candor and mutual f
bearance and courtesy.
of [A voice. Bravo-bravo; you go it like a bool
I can, if I choose, deny that what they prod|
ro is the great seal of the state of New.Jersey.
d- [Here Mr. CRAIG'S voice was lost to the repo
in ter, in the general Babel of sounds that filled t
)n Hall.]
Mr. RHETT, in reply to some words form M
10 WisE, not heard, declined to withdraw his m
as tion to lay that gentleman's resolution on the
in ble. The question, he said, to decide the fate
is that resolution, could as well be taken on the mn
ie tion to lay it on the table as in any other way.
of Mr. JOHNSON of Maryland then said he refus
to withdraw his motion; whereupon,
it Mr. WIsE moved the previous question on it.
3- Mr. RHETT then asked if that resolution of 1M
d Johnsonlwas before the house.
At The CHAIR answered, that no question could
before the house, until it should decide wt
e should vote as members from the State of New
y Jersey. [Laughter.]
n Mr. RHETT stated the question as he hindersto<
I it. It first arose on his (Mr. R's) motion to ]a
t the resolution of the gentleman from Virgin
n (Mr. Wise) on the table; next on the resolution
n of the gentleman from Maryland, as a substitute
and then came the decision of the Chair, that r
question could be put until the house decides whi
shall vote as members from New Jersey. Now i
s moved to lay the question raised by the Chair o
the table.
S Mr. WISE informed the gentleman from Sout
SCarolina (Mr. Rhett) that no motion could I
Sput on that question until the preliminary one (
a who was entitled to vote should be first decide(
Mr. SLADE desired to know the question tha
was before the house.
S The CHAIR said that the main question was fc
the meeting to determine who was entitled to vot
from the State of New Jeisey. The house hay
ing determined, by reversing the decision of th
Chair, that the members, holding the certificate
of the Governor of New Jersey, should not vote
it was now necessary that the meeting should say
who was entitled to vote, inasmuch as they could
not deprive a sovereign state of its representation
on this floor.
Mr. SLADE and Mr. W. C. JOHNSON addressed
the house, the former at some length, when
Mr. GRAHAM again raised the point of order
whether the motion to lay on the table could bi
thus debated?
The CHAIR said there was before the house
resolution of the gentleman from Virgiria, and
motion of the gentleman from South Carolina
(Mr. Rhett) to lay that resolution on the table
In the attempt to settle that question, the question
occurred, Who should vote from the state of'New
Jersey? The Chair had decided that gentlemen
possessed of' the regular, constitutional credentials
'rom the Governor of New Jersey, should vote.-
From that decision an appeal had been taken, amn
the decision of the Chair had been reversed. But
as yet, no decision had been made by the house am
to who should vote from the state of New Jersey,
upon the motion of the gentleman from Souti
At this time, in order to avoid any further ques
tion upon the subject, nd bfor the purpose o0 en-
deavoring to get over this difficulty, the Chairman,
if it should meet the views of the meeting, would,
on putting the question on the motion to lay on
the table, adopt the principle upon which several
votes had already been taken-that was to say,
that the votes should be taken by tellers; that the
tellers should report the number of votes on each
side, and that it any of the members from New
Jersey, whose seats were contested, should pass,
the fact should be immediately reported to the
meeting, and that the meeting should decide wheth.
er they should be counted or not. The Chairman
proposed this as a substitute for the decision which
he had already made, (to wit, that the question
must first be determined, who shall vote from the
state of New Jersey,) and as an expedient which
had been already tried. If such was the voice of
the meeting, he would conform to it.
[Very general cries of "Agreed-agreed."]
The reading of the resolution of Mr. WISE hav-
ing been called for, it was read; and there were
loud cries for the question.
Mr. SLADE claimed his right to the floor.
The CHAIR said that the gentleman from Ver-
mont, (Mr. Slade,) was speaking when the gen-
tl-man trom North Carolina, (Mr. Graham) rose
to a point of order. Then the question was stat
ed, and the proposition made by the Chairman,
which, he had hoped, would bring all this debate
to an end.
Mr. SLADE inquired whether, at the time he was
speaking, the question before the house was not
on the motion to lay on the table?
The CHAIR said no; it was on the question who
should vote from the state of New Jersey.
Mr. WISE begged to correct the Chair. A mo-
tion had been made by the gentleman from South
Carolina (Mr. Rhett) to lay the resolution of the
gentleman from Maryland on the table; and the
gentleman from Vermont (Mr. Slade) was speak-
ing out of order, because he was speaking to a
question of laying a resolution on the table-that
not being debateable. Now, however, the new
position taken by the Chair had relieved the house
from the necessity of voting, and brought them to
the direct motion of the gentleman from South

t if tween the tellers, and the vote having been repo
r as ted as noes 114-
ect The tellers stated that the vote of one membe
on- whose seat was disputed had been given-Mr.Naj
wn lor, of Pennsylvania.
or- Time CHAIR having voted in the negative, their
was a tie.
kl] Mr. WISE said that, as in that event the motio
ice to lay on the table was rejected, he would call ft
the previous question on the resolution.
or- Mr. SMITH of Maine, inquired of the Chair wh(
he there it was not understood that if any membe
whose seat was disputed should pass between th
Jr. tellers, the question of his right to vote should
to- be determined by the house? A gentleman fror
ta. Pennsylvania (Mr. Naylor) had voted whilst ar
of other gentleman was here to contest his seat-
to- there being double returns.
Mr. WISE moved that Mr. Naylor has a right t
ed vote, and demanded the previous question thereon
Mr. NAYLOR (holding up his credentials) ros
and said, I challenFe the right of'this house to pas
[r. upon my right here, and I ask any member to pro
duce the credentials by means of which he claim
be to pass upon it. You (turning to Mr. Smith) im
ho peach my right-I impeach yours-I challenge
w.v- your right to be here.
[Loud cries of ", Good-good-bravo".]
)d Mr. SMITH: Instead of replying to him, I tun
my him over to his colleague (Mr. Ingersoll), wh(
ia has credentials,.s good as himself.
)n Mr. NAYLOR. I am here by the voice of the
e; People, and under the authority of the law.
o10 [Cries from all parts of the Hall "And I-anc
10to I."]
ie Mr. SMITH. So is another gentleman from youm
)n district.
Mr. NAYLOR. I deny it-I deny it.
h [The conthfusion anddisorder which here perva-
de ded the house (including the galleries) can scarce-
)f ly be conceived by those not present at the time.
d. Cries of "Order-Silence--take your seats,"
it &c.]
Mr. UNDERWOOD inquired what was the ques-
)r tionl
e The CHAIR said the question was on seconding
7. the call of the previous question on Mr. Wise's
e resolution.
s Mr. REYNOLDS (remarking that the members
), might as well go home, since nothing could be
y done here) moved an adjournment; which motion
d was decided to be out of order pending the call
a lor the previous question.
[Cries of"No, no-Goo,l good-Candlelight,"]
d Mr. ALFORD said, now was the time for gentle-
men to act; no backing out.
, The CHAIR again stating the question to be on
e seconding the demand for the previous question.
Mr. BLACK moved an adjournment; which mo-
" tion the Chair again decided to be out of order.
i The call for the previous question was secon-
, ded; and the main question was ordered.
[Here voices demanded in all quarters "What
n is the question?"]
v The CHAIR said that the question was on the
i resolution of the gentleman li'om Virginia (Mr.
s Wise.)
- Mr. BYNUM submitted to the Chair that the
d question was on the right of the gentleman from
, Pennsylvania (Mr. Naylor) to vote.
8 The CHAIR said no such question had been for-
, mally made.
S Mr. BRIGGS said a motion had been made that
Mr. Naylor had a right to vote.
Mr. WISE. I moved that Mr. Naylor has a right
- to vote, aud I called for the previous question.
S The CHAIR said the question then was upon the
Sight of Mr. Naylor to vote. That gentleman,
i however, had protested against the right of the
1 house, as at present situated, to pass upon his
right, and the Chair thought he was correct.
Mr. BRIGG.s adverted to the terms of his reso.
I lution, (above given.) The gentleman from Penn-
sylvania (Mr. Naylor) had voted, and the gentle
man from Maine (Mr. Smith) had disputed his
right. The gentleman from Virginia (Mr. Wise)
Shad moved that the gentleman from Pennsylvania
i should be counted. Upon that the previous ques-
tion had been seconded, and the main question or-
dered to be put.
The CHAIR. I understand the main question to
be on the resolution of the gentleman'from Vir.
[Cries of "No! no!"]
The CHAIR. 1 did not intend my proposition
which I suggested as an expedient (and which has
since been submitted in the form of a resolution
by my colleague, Mr. Briggs,) to apply to any
others than the gentlemen trom New-Jersey. The
gentleman from Pennsylvania (Mr. Naylor) has
voted several times, and his right to vote has ne-
ver been questioned. And the Chair does not con-
sider the house competent to decide upon that
question at this time.
Mr. BRIeGS said that the resolution he had of-
fered, and which had been adopted by the house,
was general in its terms.
The reading of the resolution was called for;
and it having been read, in reply to an interroga-
Mr. DROMGOOLE (one of the tellers) said that he
and the gentleman associated with him had slated
the number of votes to the Chair, and, at the same
time, had stated that one gentleman whose seat
was contested had passed.
Mr. WISE. Did you name him?
Mr. DROMGOOLE. I did, distinctly.
The CHAIR said he had not so understood it.
Mr. SMITH said he had heard the sellers so state.
Mr. DROMGOOLE said the statement had been

A Ale A*W

heard by gentlemen of all parties.
Mr. WISE said that the only contested seats
which were in the eye of any, when the resolution
ot the gentleman from Massachusetts (Mr. BRIGGs)
was adopted, were the seats of the members from
New Jersey. In proof ot this, he appealed to the
declaration of the gentleman from North Carolina,
(Mr. McKay.)
The CHAIR said he decided the question before
the house to be on the resolution ot the gentleman
from Virginia.
Mr. TURNEY appealed from the decision.
Mr. BLACK inquired of the Chair whether it was
now in order to move an adjournment.
The CHAIR replied that it was.
Mr. BLACK moved an adjournment.
Tellers were called for; and Messrs. TURNEY and
GRAVES were appointed, (Mr. PETRIKIN having de-
And those voting in the affirmative having pas-
sed between the tellers, there appeared ayes 116.
The tellers reported that three gentlemen claim-
ing disputed seats, (viz. Messrs. KELLY, RYALL,
and COOPER,) had passed between them.
And those voting in the negative having passed
between the tellers, there appeared nays 113.
And the tellers reported that three gentlemen
claiming disputed seats, (whose names were not
beard by the Reporter,) had also passed between
them on the negative count.
Some discussion was about to arise, but the
Chair having stated that the result would not be
changed, whether the contested seats were count-
ed or not, inasmuch as, in either event, there
would still be a majority voting affirmatively-
The house adjourned.

On the 12th ult., Mr. DANA BICKNELL, a re-
spectable inhabitant of the town ot' Tioga, in this
county, left his home on business, intending to
return on that day, and has not been heard from
It is feared by his friends that Mr. B. is de-
ranged, as he had complained for some time be-
fore his mysterious disappearance, of' a severe
pain in his head-in which case it is supposed he-
is now wandering abroad, in that melancholy con-
dition. Mr. B. may be identified by the follow-
ing description. He is between 30 and 40 years
of age, about 5 feet 8 inches high, light complex-
ion, brown hair, and blue eyes: clothes d irk col-
ored, white fur hat and lace boots.
O1 Publishers of newspapers throughout the
United States will confer a favor upon ah afflict-
ed family by copying the above.-[Owego Ga-
zette, Dee. 5.

proposals will be received by the Canal Commis-
sioners of the state of New-York, until 6 o'clock P. M.
on Thursday,the 19th day of December ne-xt, for eonstruc-
iing eleven stone locks, viz: 7, 8. 11, 12, 13, 14, 24, 81,
82, 83 and 84 on said canal, and all the necessary excava-
t.on and embankment.
The contractors will be required to receive and use all
the stone and other materials which have been procured,
or partially procured, for the locks aforesaid, and allow
therefore the prices at which they have been estimated to
the former contractors. A schedule of smch stone and
other materials, ana prices, will be exhibited aL tle time
of receiving propo-als.
Propositions will also be received at the _ame time for
the construction of the bridges on sections 2 to 5 inclu-
sive, and on sections 9 and 11. Also, for tihe aqueducts
acioes Wells brook and Sugar river.
P ices proposed for the work must include the expense
of the materials necessary for the construction of the
same, according to the plans and specifications to be ex-
hibited at the time of receiving propositions.
The work to be completed by the 1st day of Septem-
ber, 1841.
The prices for excavation and emrbankmenit, will be
considered as including the expense of shaping anidtrim-
mina the banks
Security will be required for the performance of the
contracts; and the propositions must be accompanied by
the names of responsible persons signifying their assent
to become sureties. The names o0 t'e parties propo-
sing, and their sureties, to be written out at full length.
The persons making the propositions that may be ac-
cepted, will ue required to enter into contracts immedi-
ately after the acceptance of their propositions.
No transfer of contracts will be recognised.
Maps of the locations, and plans of the structures, with
specifications of the kind of materials, and manner of
construction, will be ready for examination on the 14th
day of December next, at the office of the Engineer in
ile village of Rome, at which time and plaee the Chief
or Resident Engineer will be in attendance to explain
plans and to furnish blank propositions.
The undersigned will attend at lHowel's Hotel, In tlhe
said village of Rome, on thl said 19ih day of December
next, to receive propositions; and they reserve the right
(o accept such only as the mnierest o(f the state may re-
quire Dated Nov. 25th, 1839.
no29-c3w Acting Canal Commissioners
-HUMBERT & LENT, 184 Greenwich street, and
167 Broadway-The subscribers, importers and dealers
in China, Glass and Earthen ware, have taken the store
t'ornierly occupied by Messrs. Bush & Hilyer, 184 Green-
wich street, where they have constantly on h.,nd a large
assortment of French and English China, plain and rich
iut Glass, and Earthen ware, ef the latest patterns, suit-
able for the country trade, which they will sell on tihe


The Manor difficulties may be regarded as at
an end-if, indeed, they have at any moment
really existed in any formidable aspect. Infor-
mation has been received from the Sheriff, that
he is successfully serving his process without
resistance. We understand that hlie had reached
r- Rensselaerville, the extreme Manor-town last
r, evening; and that his only annoyance was in
Y. finding quarters among the inhabitants for him-
self and company. 'No man, from the start, has
re resisted the service of process; and notwith.-
In standing the formidable array of the military
Dr on the ground, the midnight orders here, the
calling out of 500 troops from Montgomery
SandaFulton, and some 2000 in the city of New-
e York under orders,-not a man among the ten.
d antry has as yet, so far as we can learn, ap.
n peared with arms in his hands!
S The detachment from Montgomery and Ful-
ton counties, under General Averill, numbering
o some 500 men, arrived in this city on Wednes-
Sday evening by rail-road; and after being on
e duty in the snow and mud yesterday, until 3
SP. M., were discharged in the Capitol Park,
s and returned home-there being no occasion
- for their services.
e In the course of these warlike movements,
nearly all the intelligence of a sanguinary or
a alarming character, has come to us via .New
D York. The Comn. Adv. of Wednesday, for
e instance, has the following:
POSTSCRIPT.-We learn, verbally, by a gentle-
Sman who came down in the boat, that during Mon-
day night a detachment of the Burgesses' corps,
r which had taken shelter from the pelting ot the
storm in a barn, were driven out by the insurgents,
snd the barn destroyed. The forces were so une-
qual, that the sheriff directed the soldiers not to
Fire upon the assailants."
The Eve. Star says:
The Anti.Rent Patriots, it is understood, had
broken up the bridges in the mountain defiles, and
planted pieces of state artillery, which they had
seized at Guilderland. They had also provided
powder from Coxsackie."
The troops detailed for service from New-
York, Brooklyn, and Westchester county, con-
tinued to parade from day to day in the Park,
in expectation of marching orders from headd
quarters," which had not come on Wednesday
The truth is, the whole matter has been un-
necessarily exaggerated-and the course pur-
sued by the public authorities, if it has the war
rant of law, is at least "novel," and has beer
needlessly expensive and vexatious, particu
larly to the people of Montgomery.
But it seems the end is not yet. The Gov-
ernor recommends-nay appeals-to the ten-
ants to apply for redress to the legislature: and
he promises them every facility which the
Executive department can afford in bringing
their complaints before the legislature." The
Eve. J. covers his Excellency with the agis of
its approval, and declares this to be "the right
and wise course." Possibly it may be; but we
trust we shall not be accused of incendiar-
ism" if we inquire what the legislature can do ?
Can it interfere with these contracts ? Can it
redress" the "complaints" of the tenants ?-
And if so, how ? Will his Excellency, or the
Eve. J. condescend to inform us ?
We regret to learn that Michael E. Israel, esq.
cashier of the Western Bank, has died of the
wounds inflicted by his own hand.-Phil. N. Gaz.

Js the House of Representatives, December 6, 1839,
in reply to Messrs. Granger and Hoffman, on tht
fuestion. qf the contested seats oJ thde New Jersey
Mr. VANDERPOEL said, he had tried to get
the floor immediately atier his colleague (Mr
Granger) had closed, but other gentlemen of more
agility than he possessed, anticipated him. He
did not know why his two colleagues (Messrs.
Granger and Hoffmnan) had made him so promi-
Dent a subject in the discourses with which they
had just edified us. He had, to be sure, had thie
temerity to appeal from the decision, and as hle
conceived it, the most extraordinary decision 01
the Chair, and he also had the further temerity tc
Say, that it was founded in usurpation; and this
had furnished his colleague (Mr. Hoffman) an oc
casion for treating us with one of those sweet1
pretty, and touching eulogisms upon the Chair-
man, for which his friend and colleague was s(
eminently qualified. He (Mr. V.) would, upon
the present occasion, neither assent to, or dissen
from, this most encomiastic picture, drawn in thi
presence and hearing of the Chairman himself
nor would he here stop to inquire whether thi
gentleman had or had not violated the laws of gooa
taste in lavishing such high. wrought praise in thi
presence and hearing of thile subject oft it; but hE
would at once reiterate what he had before said
that the Chairman, under pretence of deciding
question of order, had decided a most momentous
question of right; and he would not be deterred
by any false or mistaken delicacy-any affected re
verence for gray hairs-from characterizing th
act as he thought it deserved. He bad not ita
peached-he did not intend to impeach-the me
tivs of the Chairman; but lie would again pro
3nounce the decision, in effect, a most decided usur
pation. It was so, because he had assumed juries
diction that did not belong to him, and whicn th
mover of the resolution that had given the Chair
man that place, never supposed to belong to hir
when he moved that he should preside over our de
liberations. It was so, because the simple ipt
dixit of the Chair, if not reversed, would give fiv
members a seat upon this floor whose right t
seats had formed the subject of conflict here fc
the last five days. We were not dealing with trifles
"When the rights of the people of a sovereign stat
were involved, and attempted to be trodden under
foot, he would speak of it boldly and freely as h
thought it deserved. If the Chair had transcends
his jurisdiction, and thus prostrated the express
will of a majority of the people of a sovereig
state, he would not ransack his lexicon tor very
mild terms in order to give a mitigated aspect 1
an act pregnant with such serious and mischievous
He would now pay his passing respects to thi
colleague (Mr. Granger) who had done him th
honor of making him the subject of so great
portion of bis remarks. For all the purposes of th
question immediately under discussion, his co
league might as well have read a chapter froi
Don Quixote; for that would have been quite
relevant to the point under debate as were moi
of his remarks. His colleague was disposed 1
make merry with what he evidently deemed h
(Mr. V's) pretended love for the people; with hi
professed respect fbr the sovereignty and majesty
ot the people. Mr. V. said, humble as he was, li
and his doings had been most conspicuously, if nc
unkindly, forced into this debate, and he could
therefore, averse as he generally was to such
course, speak of himself without exposing himse
to the imputation of egotism. He would, then
fore, by way of repelling the inference that h
advocacy of popular rights was insincere, tell Ut
house that the kindness he had so repeatedly r
ceived at the hands of the people, gave him abun
4ant cause to love them. Five times had the
chosen him to honorable and responsible station!
and never yet had they rejected him. lie could

however, imagine a case, where frequent disap
pointment, frequent frustration of fond hopes an
bright visions, might possibly inspire any thing bi
affection for popular rights. It a gentleman
high ambition, and with aspirations at least a
lofty as his legitimate pretensions, should happe
to be twice presented to the people of his state t'
the highest trust and honor in their gift, and the
should reject him, as they would the unclean thing
if he should hazard another struggle for the second
office in this great confederacy of free states, an
a similar fite should attend his third ambitious
effort, he would not wonder if, with such a ona
affection for the people and regard for popult
rights should become subjects of derision and me
rimnent. This would accord with the dictates c
poor, frail, unforgiving human nature. The poc
understood this sentiment, and expresses it moe
pithily when he asks,
What rogue e'er felt the halter draw
With good opinion of the law 1"
He surely did not consider the two first word
of the couplet as at all applicable to his colleague
Those who knew their friendly personal relation,
would never draw such an inference. But hi
colleague had also referred to the case fromn New
York, which occurred some twenty-six years ago
(he meant the case of Peter Allen,) and had ur
dertaken to give us not only a minute account c
.hat case, but volunteered to us the information
that the year next succeeding the ejection of Mi
Allen from the New York legislature, he was ele(
ted by a decided majority of the county of Onu
rio, and that my colleague, then acting with th
Democratic party, had aided in roducn
except as matter of history, for when it occurred
he had scarcely entered his teens, and he therefbr

spoke with much deference to the recollection o
his venerable colleague who had told us that h
was one of the adult and efficient actors of th
scenes of that early day. He was sarry, situate
as his Golleague was, that he had furnished hin
with an occasion to denominate him so "venera
ble" in the presence, and hearing of that gallery
(pointing to the ladies' gallery,) for whose ape
cial edification most of the observations of th
gentleman were so evidently designed. He wouli
tell the gentleman and the house, that in that case
there was no question arising upon the returns
Mr. Fellows came in there by petition, anc
the house decided that they would not entertain
the petition till the Speaker was chosen, and thE
house was organized. Besides, sir, in New Yorl
the members are sworn by the Chancellor, or Sec
retary of State, beftbre the Speaker is chosen.-
Mr. Allen had the certificate-he was sworn as
member before the house could act upon the case
and, as such, voted for the council of appointment
before he was ejected. But does the gentleman
recollect how loudly and how unsparingly tha
act of the House of Assembly was denounced bj
the party with which he is now associated? Sir
look at the leading New York federal journals oi
that day, and you will see that they were actually.
in token of their abhorrence of this deed, date
from the reign of Peter Allen. Thus, for example:
REIoGN OF PITER ALLEN." It had been stated by
the gentleman from Virginia, (Mr. Wise,) that
Mr. Van Buren was then Attorney General ol
New York, and had given an official opinion in fa
vor of this procedure.
[Mr. Wisi here explained, and said that Mr.
V. had misunderstood him; that he had said that
Mr. Van Buren had approved of it; but he did not
may that he had done so in his official capacity.]
If that case was sanctioned by one party, it was
condemned by the other party, with which his
colleague now acted. The argument resulting
from this ease was, therefore, neutralized; and he
would therefore dismiss it, with the old maxim,
that "two wrongs could not make one right."
MHe had said that the Chairman had exceeded
his power in deciding that the five gentlemen from
WNw Jersev who had the Governor's certificate had

ie a-- We occupy our columns to a great-
ot er extent than we could wish, with the
ld details of Tuesday's proceedings in the H.
Ia of R. But we prefer that the public, so far as
e lays in your power, shall have the means of
is judging who ought to be held responsible for
Me the obstructions which have been thrown in
Sthe way of the organization of the House, and
y for the time which has been thus far worse
S, than wasted.
d, It will be seen that the difficulties thicken
Pd from day to day, and that the prospect of an
it organization under the auspices of Mr. ADAMS,
of are even more unfavorable than before. Nor
Scan the fact be disguised that to this state of
or things, the partisan and sinuous course of the
y Chairman, backed by a factious federal minori-
'; ty, has entirely contributed. No fair minded
d man, we venture to say, can look over the pro-
d ceedings without being led irresistibly to this
e, conclusion. If the course of Mr. A. in assum-
ar ing upon himself on Monday the prerogative
r. of the house, in regard to the New-Jersey
e members, was a gross usurpation of power,
st what may be said of his attempt on Tuesday
to say what questions the House should or
should not entertain ? And what of his at-
Is tempts, seconded by his party associates on the
e. floor, to raise questions of his own to super-
-, sede the propositions regularly in order before
s the house, and to insist on their being first put
to vote

,f O.' It will be seen that the H. of R., by a
3, decisive vote, determined on Monday on hear-
r. ing all the documents in the possession of the
-' Clerk, touching the case of the New Jersey
e contested seats. This undoubtedly may be
e-. regarded as one point gained by the fricnde of
Sthe administration, and the democratic claim-
Sants-and in connexion with the confession of
:I Mr. Randolph, who has taken the lead in de-
e fence of his federal colleagues, to the fact that
e Messrs. Dickerson, Vroom, and others, actual-
d ly received a majority of the popular vote, must
go far towards bringing matters tp a point.
S The Globe adverts with deserved severity
Sto the fact that three of Gov. Pennington's del-
d egates voted in favor of suppressing the testi-
mony going to show the circumstances under
Which they received their certificates.
e The time has not yet come to give to the
world the History of the "Heilderberg War;"
nor to expose the imbecility on the one hand
a and the political demagoguism on the other,
which have involved the good people of this
County in scenes that may have been, and ought
t to have been, avoided. In good time, the ex-
Sposition shall be forthcoming. Our present
purpose is to reply, in the briefest terms, (our
space and time will allow no other,) to the im-
d pudent falsehood of the Eve. J. of yesterday,
That we "deny the right of the Rensselaer-
wick tenants to bring their complaints before
t the legislature!"
f We alluded yesterday to the appeal of the
Governor, seconded by the Eve. J., to the ten-
ants to apply for redress to the legislature, and
Sto the promise of his excellency that the Exe-
t cutive department would afford every facility
in its power "to bring their complaints before
Sthe legislature." We inquired, with all due
Respect, what the legislature could do-whe-
ther it could interfere with these contracts--
and in what form it could "redress" the
"complaints" of the tenants? And we inquir-
ed if the Governor or the Eve. J. would con-

pI ent to vote, had no interest m the questioaup-
on which the vote was to be taken. Their inter-j
est was immediate and most palpable. What
was the motion upon which they were to vote? -
It was to lay upon the table a resolution that they
should be called and recognized as members of this
hoiins; upon this question it was that the Chair
had decided that thesp gentlemen could vote. The
momrent they voted in pursuance of the decision,
wiat were they? They were to all intents and
purposes members of the house. And what bene-
fits did they derive from that character? They
were clearly entitled to their mileage and per diem,
amounting to some two or three hundred dollars
each. They had a right to go to the Speaker, the
moment hlie was chosen, and ask his warrant for
dieir pay, and he would not and could not refuse
to grant it to them. This they could not do, if
ordered to stand back, as others proposed they
shouldbe. Here there was a direct pecuniary in-
terest in the question; and was there a mind here,
unclouded by prejudice, that did not see it?
But this was not all. They would derive from
the decision of the Chair other great privileges
and immunities. That clause ot the constitution
which provides "that representatives in congress
shall, during their attendance at the session of
their respective houses, and in going to or return-
ing from the same, be privileged from arrest,"
surely conferred a high privilege upon the mem.
bers of this house. If the Governor's members
(he used this designation in contradistinction to
those chosen by the people) should be permitted
to vote, and thus be recognised as members, was
it not most clear that it would be competent for
them to avail themselves of this clause of the con-
stitution? So long as they were not recognized by
this house, but kept in suspense, their creditors,
who might see fit to arrest them, could reply that
they were not members of this house, and thus
defeat the enjoyment of this high privilege. But
this was not all. Not only did the character of
member of this house confer high privileges, but
it also created disabilities. Another clause of the
constitution provided that "no representative
shall, during the time for which he was elected,
be appointed to any civil office under the authority
of the United States, which shall have been cre-
ated, or the emoluments whereof shall have been
increased during such time." The decision of the
Chair would determine whether this disability was,
or was not, created; and here was another feature
of interest. View it in whatever aspect you please,
and you perceive, in the breast of the Governor's
members, a direct interest in the event of this
question-an interest coming not only within the
spirit, but the letter, of the rule. He could have
hoped that delicacy would have been a motive
strong enough to have prevented these gentlemen
from voting. The force of this sentiment, how-
ever, depended so much upon the anxieties, the
temperament, the passions, and prejudices of men,
that it was not always safe to calculate upon its
restraining efficacy. He had not the most satis-
factory pledge that it would be a very potent sen-
timent in this case.


The Troy Morning Mail publishes a memo-
rial to the legislature, which prays that a law
may be passed, requiring in future that the free
banks shall "have their subscriptions to stock
paid in money, and requiring a deposit with
the Comptroller of the stock of this state, to
entitle said banks to notes for circulation; and
that in future, for the state to receive the notes
of all the free banks for tolls collected on our
canals, and for debts due the state, on the same
conditions as they receive the notes of other
A writer in the Mail, who signs himself
"A Merchant," says the petition has been
signed by some five or six hundred, and adds:
"When it Is recollected that by the law authorizing
free Ihnking, the Comptroller is required to receive state
stocks aid mortgages to his satisiaction, previous to de-
livering to any association any bills for circula ion, and
to retain such stock and mortgages as security to the bill-
holder against any loss, the propriety of receiving the
bills of the free banks in payment of all delits t-ue the
s ate will be obvious The state having created the cur-
rency, and given the people to understand that the Cominp-
troller held abundant security to protect them from any
loss, and that currency beingljat this time somewhat de-
preciated, it would seem but reasonable that the tate
should receive it in payment of its >.ues, and the legisla-
ture might by law require the fre-e banks, upon rensoai-
ble notice from the Comptroller, to redeemrn thise notes in
Albany. At any rate, as the bills of the safety fund
hanius are received by the state for its ( ues, it will be only
pl cing the bills of the free banks upon a footing of equa-
lity, if they are also so received."
This appears to be reasonable and just. But
no legislation is required to enable the state
officers to receive the bills of the free banks
for tolls and all state dues. They are fully
authorized by the existing laws to make all the
necessary arrangements for the reception of
the free bank notes; and we understand that
they are received at the Treasury for all dues
except tolls. The state has not only created
This currency and taken security into its own
Hands for the redemption of it, but in order to
Ensure it the most extensive circulation, the
SGovernor gave it the following endorsement in
his message to the legislature: "1. safer cur-
rency than this is unknown in the commercial
Why should not the state receive for its
dues the money which it authorizes to be put
in circulation, and which is endorsed by the
Comptroller and Governor ? Individuals are
in effect forced to receive this money, or cease
to do business; and why should the state offi-
cers exact a "better currency" than they deal
out to the people? Is not this in truth requi-
ring one currency for the office-holders, and
compelling the people to do their business with
a different currency? Whatever may be the
upshot in relation to some of them, it is equi-
table that the state should share with the peo-
ple the hazard, if any, of receiving their notes.
The editor of the Mail dissents from some
of the views of his correspondent, and talks
about making the notes of the free banks "a
tender in payment of debts due the state."-
They would be no otherwise a tender than
safety fund bills, which are received for tolls,
cc., now are. The proposition is merely to
place upon the same tooting the notes of all
specie paying banks of this state, as has been
the practice from the time the canals were com-
pleted, if not before.
The state officers have full authority to
grant relief, so far as the reception of the notes
of the free banks is concerned ; arid on this
part of the subject, relief probably might be
obtained by a humble petition to the Minister
of Public Instruction," and his official associ-
The paper of a great number of the country banks
of this state is depreciated from 3 to 5 per cent.-
The notes of the country banks of the eastern
states, which are redeemed in Boston, are 2 or 3
per cent. better than the notes of a great number
of the banks of our own state. This ought not to
be so, and it behoves those who are exercising
the power of "coining money and regulating the
value thereof," to improve the standard of the pa-
per currency. We have heard much in regard to
the affection of the people for the bills of our own
banks; but if eastern notes continue 2 per cent.
better than some of our own, there is reason to ap.
prehend that the affections of the people will be
turned in favor of the better currency."
In all ordinary business transactions, country
money is received and paid out without exacting
discount: and it is because the banks will not

tike the notes of each other, that the people are
required to pay a ruinous discount. The people
seem to place muoh more confidence in the banks,
than these institutions extend to each other. If
you have ten dollars to pay to a merchant or me-
chanic, he takes your country money; but if you
offer the same note to a bank, you are turned over
to a broker to be shaved out of from 2 to 5 per
cent. Now it appears to me, that all the partners
engaged in the manufacture of a currency which
the people are forced to take, ought to receive
each other's paper, as they all share in the profits
of the system; or else each manufacturer ought
to be required to furnish a prime article, and keep
all the issues at par in New-York. There is a
currency which never misses fire, and we ought
to have so much of it as is needed to steady the
1 I& 1 I t

to ~ l -B~'T **' *' - ^im i11nT ~ii~;- 1" ^'"^ -' ^--._ -, .i,,i.>if- -a ^aii,.ri, -^r^ --lr < lidam"ima li i i ii *- *IS H U W tt

But he could well Imagine cases which might
awaken in the heart of poor, frail, mortal man,
any thing but love for the people. Ift a man of
lofty ambition, with aspirations ai least equal to
his legitimate pretensions, should offer himself
twice for the highest office in the gift ot the peo-
pie of his native state,-if lie should afterwards
be presented to this great confederacy of states l
for the second office in their gift, and always,
always rejected, as the unclean thing," he could
easily imagine, that such unwelcome responses
from the people, might engender in the indi- i
vidual, any thing but "love lbfor the people." He
said, that the poet evinced his knowledge of poor,
frail, unforgiving human nature, when he asked,
"What rogue e'er felt the baiter draw
With good pinionn of tine law V"
As to the case of Peter Allen, Mr. V. prefaced i
his remarks upon it with a hit, which Mr. Six i
feet high and well proportioned," felt most sensi-
bly. He said that he had "no recollection of a
that case,-that he only knew it as a matter of c
history;-but he cherished much deference bfor the e
recollection of his venerable colleague, (Mr. G.) a
who had told us that he was an adult and efficient *
actor in the scenes of that early day. He was o
almost sorry, situated as his colleague was,-gal. 9
ant, as all knew him to be,-to be thus compel.
led to call him "venerable," in the presence and
hearing of that gallery, (pointing to the ladies'
gallery,) for the special edification of which, about n
three fourths of the remarks of his colleague were V
io evidently designed." You know the old trick
)f G.,-his especial regard for the fair gallery. It
vas a most triumphant and withering reply, and a
I hope it will be correctly reported. It is evident g
.hat "all the talent and all the decency" members q
from New-York, will gain nothing by attacking t
Mr. V., and I doubt whether they will again at.
emnt it.

ble, and on which he has entered, (we judge
from the topics,) con more. We shall take
in early opportunity to copy the second chap-
ter of this little work, in which the question
Who are the People? is fitly answered. Mean-
while we conceive this to be a proper occasion
to do an act of justice to the translator, in the
.anguaire of a political opponent-the .New-
York Gazette:
This pretty little volume is full of excellent
natter, and very well worthy of translation, for
t contains the best of sentiments expressed gene-
rally in the best form; but, we confess that it is
not so much for the book itself that we feel desi-
ous of speaking well, as for the opportunity it
gives us of doing justice to a deserving man and
in assiduous scholar. Mr. GREENE is the Post.
Master of Boston, and of course a politician for
whose creed we have very little liking, but, there
s something about the man that every one must
ike. As a public officer, he so discharges the du-
ies of his place as to gain universal good will,
mnd while by faithful services he secures that meed
ot praise from all parties, his literary labors are
equally acceptable to the public. By his own un-
esisted and indefatigable application he has made
himselt a thorough German, French and Italian
scholar, as he has already proved by more than
ne very meritorious translation from those Ian-.

The following from an opposition source,
s a sufficient answer to the latest piece of rig-
narole in the E. Journal, touching the Florida
We have this morning been favored with the
erusal of a letter from the medical director of the
rmy, dated Tampa Bay, November 21st, which
ives us the latest direct intelligence from that
quarter. Gen. Taylor, Captains Sewell and Ful-.
on and Lieutenants Bragg and Mumf'ord, who
ad all been down with lever, were recovering.-
ly the same letter it appears the only officers
whn have died at that n laa werep Dtanrninn frklr.

Why has HE CLAY been laid upon the
shelf? Why do his late eulogists and parti-
zans shrink from him as a candidate, and urge
first a name scarcely thought of until within a
few weeks comparatively, and whose princi-
ples and views are unknown to the American
people, and finally, rather than adhere to their
leader and late favorite, offer as their candidate
a man whose qualifications arid standing and
political elevation and services entitle him to
no such distinction? Simply because Mr.
Clay's political course and opinions are too well
known-because they dare not go to the peo
ple with their principles frankly avowed and
fully known-because they feel that they can-
not sustain and dare not put their Cause upon
a candidate, however strong in their personal
attachment towards him, who is known to em-
body their opinions upon all the great questions
now before the American people. Do not the
" whig" party stand seif-condemned before the

14, in the House 24-on joint ballot 38.

ILLINOIs.-The legislature of this state con-
venes, ordinarily, every two years. The gov-
ernor, however, is authorised, when in his
judgment the emergency demands it, to convene
the body specially. Gov. Carlin, under this
authority, has called the legislature to meet on
the inst.
It is supposed that the session will be con-
fined to two material subjects,-internal im-
provements, and the specie suspension by the
State Bank. Owing to the present pecuniary
difficulties, the public works have been suspen-
ded, or have been slowly going forward at ma-
ny different points, with little efficiency, or
probable ultimate utility. The legislature will
probably concentrate the means of the state
upon one or two essential works; leaving the
internal improvement progeny generally to a
more favorable future, if indeed the public inte-
rest will not demand the abandonment of more
or less of them. The recent sale of state stock
by Mr. Young comes in good time to the aid
of the executive and the legislature, and will
probablyfurnish the means to prosecute the great
Chicago canal with vigor. In relation to the
bank, the democratic newspapers insist, if the
penalties of a suspension be not enforced, that
material reforms be introduced, and that the
stockholders be denied a dividend and the offi-
cers their salaries until it shall resume the pay-
ment of specie.
The democracy of the state are moving with
great vigor in their primary meetings, for the
ippointmnent of delegates to a state convention,
to be held at an early day. They evince a
high and right spirit, and if we may judge from
the nr oedinixi in nats-r A ll thl- r11 t ..., TI1

WVashington, Dec. 6, 1839.
Dear sir-IR accordance with constitutional t
provision, both houses of Congress convened at l
Lhe Capitol at 12 o'clock on Monday. Every 1
member but one, (Mr. Kempshall of N. Y.) was t
in hlisa seat-a circumstance 8aid to be without a t
precedent on the first day of a session, since the (
formation of the government. Prompted by curi-
osity, and anticipating, no doubt, from the nearly
balanced state of parties, a warm contest in the (
election of Speaker and organization of the House, (
the city during the past weel has been thronged ]
with strangers, and the galleries of the House,
from the commencement of the session, literally
The first day, Mr. GARLANDA clerk of the last t
congress, called the House toorder, and in accor- i
dance with usage, proceeded .o call the roll, by t
states, geographically, commencing with Maine.
On reaching New Jersey, he marked that lie had I
in his possession certificates of election for two t
sets of delegates, ten in all, aid not deeming it his .
province to decide as to which were, and which i
were not entitled to seats, ha proposed to go on (
with the other states until a quorum of members i
should be ascertained tc be present, when the I
house would be so far organi-ed as to be able to
take up and legally decide upon the contested
seats. Here, however, the call was arrested, by
the commencement of a discussion which continu-
ed through that and the two succeeding days,
mostly confined to gentlermen of the opposition.-
Yesterday, Mr. RHETT, o S. C., introduced a re-
solution, proposing a temporary organization, by
the appointment of a chairman, and on his motion
JOHN QuINcy ADAMS wts appointed.
Both the Jersey delegations are in attendance,
as are also Messrs. Ingeisoll and Naylor, of Penn-
sylvania. This last case ought, and no doubt will
be referred back to the people. Such reference is
due to the democracy o that district, and due to
Mr Ingersoll himself. There is no question as to
there being a large majority in his flavor, and so
the ballot boxes will report if the battle is fought
over again.
The whole delay and interruption in the organi-
zatio i of the house, thusfr, has grown out of a
manifest determination on the part of the federal
members, to avail themselves in the choice of Spea.
ker, of the votes of the five disputed federal dele-
gates from New Jersey, This they are willing to
do, in violation of all justice and all precedent, and
in total disregard of the sovereign~will of the peo-
ple of that state. The democratic branch of the
House, although conscious that the five democra-
tic claimants are elected: and are unjustly deprived
of their seats by fraud, ie in favor of all the claim-
ants from New Jersey standing aside, until the
questions in which they are particularly interested
are adjudicated by the house-that being the only
legitimate tribunal known to the constitution lor
settling such matters, and that tco, I believe, be-
ing in accordance with the long established rule of
the house of commons in Enjand. Thus the
question stands at present, and vhat the final re-
sult will be, it is impossible now o foretell.
To-day, the discussionhas beei somewhat ani-
mated and interesting. Ainon, those who par-
ticipated in the debate, were Mears. DROMGOOLE,
CRAIG, and THoMAs of Md. Beween three of the
members of the New-York delegation, there was
quite an amusing and spirited starring. I allude
Mr. VANDERPOEL took an apped from the deci-
sion of the Chairman, (Mr.Adaas) and accompa-
nied his appeal with some anim:ted remarks, de-
nouncing the decision as founded in usurpation.
Messrs. GRANOER and HoFrMANundertook to lec-
ture Mr. V. for his use of the wcrd "usurpation,"
and the latter seized upon the opportunity of deal-
ing out most copiously to Mr. Adams a commodi-
ty called "soft soap." The gentlemen who at-
tacked Mr. V. had abgnt cause to regret their
movement. Mr. GaR^ Ra denied M-. V.'s ex-
pressed regard for the"rights of the people, and
minutely detailed the case of Peter Allen, ofe New-
York, in 1815. Mr. VANDERPOEL, in reply, said
that humble as he was, he had been dragged into
this debate most unkindly, and he could therefore
speak of himself upon one point, without egotism.
He had reason to love the people, for they had
ever treated him most generously. Five times
had they honored him with high and responsible
trusts,-and never, never had tuey rejected him.

thorities of Brunswick were taking active mea.-
sures to ferret out the murderer.
WOMAN BURNT TO DEATH.-At Boston, oaMoa-o
day night last, a woman named Reed wasburnt
to dean by her clothes taking fire. Another wo.
man, by the name of Magner, was also found in
her chamber on the same evening, with her face
and bosom badly burnt; she had retired only a-
bout ten minutes, when discovered. It is suppose
ed she had a fit, as she was subject to them, and
complained of being unwell before retiring.
SCALDEDTO DEATH.-On Tuesday evening, a-
bout 6 o'clock, James Dack, aged nine years, fell
through a trap door into a vat of hot water, in
Mr. James Sawyer's brewery, near th.e falls. He
had, probably, incautiously raised the door himself,.
as it was generally kept closed. A singular ftktal-
ity had apparently attended this lad. Three times.
he had been rescued from death, as by miracle. -
But a few days since, his sister took him from a
cistern, by his hair, when nearly dead.-Rochster-
In this city, on Friday evening, the 6th Inst., by the
Rev. K. A Huntington, Mr. JAM.s T. MARstt of New.-
York, to Miss MARTHA OUTRANDER, of this city..
At Bern, on.Wedinesday morning, the4thtnat., by the
Rev. Mr. Robinson, Mr. DAMIEL WEIDMAN. ofOG;ilupviile,,
to Miss ELMIRA E. WALDEN, of the forme' place.
At Cobleskill, on the evening of the Sth inst., by the
Rev. Mr. Deifendorf, Mr. ABRAHAM SHELL, of Schoharle,
to Miss CATHARINE BELLINOGER. of the former place.
At Troy, on WVednesday evening. Dec. 11, by the Rev.
Dr. Butler, Mr. PHILIP G HZARTT, to 'Miss SARAH J.,
dauehter of the Hon. Job Pierson.
At Troy, on the evening of th 10th inst, by the Rev.
Mr. Van Klecck, GUY WOOSTER, esq merchaint,to Miss
MARY LOUiSA, eldest daughter of 'amuel Kendrick, esq.,
all of that city. .
On Sunday morning, DAVID R., second son of Thoma's
Hillson, jr aged 3 years and 3 months.
In Hancock, Mass., on the 6th inst., Mrs Lucy HAXzAR,
consort of the Hon. Rodman Hazard, aged 61 years.
At otsinford, Conn.. on the 1st inst., SARAH JAB. wites
of Mr, Edward Hill, ofCatskill, aged 2'2 years, and second
daughter of Capt. Edward Rosseter, of New York.
In Buffalo, on the 12th inst DAVID M. DAY, aged 481


he Principles and Practice of d merican Hits-
bandry. The last production ofthe late Judge
BUEL, was a work of which the above is the
title, written at the request and for the uses of
the Board of Education of the state of Massa-
chusetts, and published under their sanction, as
a part of the School Library," by Marsh, Ca-
pen, Lyon & Webb. It contains also the Ad-
dress prepared to be delivered before the Agri-
cultural and Horticultural Societies of New-
Haven, Ct., and an Appendix, embracing tables
and other useful matter to the farmer.
It was not only the last of the valuable
works from the practical and philosophic pen of
the lamented Judge B., but oneupon which he
bestowed much care, and which carries with it
the characteristics for which he was distinguish-
ed,-simplicity, perspicuity, and the combined
results of science and art, in the detailed opera-
;ions of the farm. It was the intention of
Judge B. (say the publishers) during the com-
ng winter, to follow this with another work
on matters interesting to the farmer and gene-
ral reader, but the All-wise Disposer of events
has seen fit to order differently; and this vo-
lume, therefore, as his last and most important
work, must be looked upon as a rich legacy by
him bequeathed to the friends of agriculture
and education, and as an earnest of what, had
his life been spared, he would have continued
to do, for the advancement of the two interests
for whose success his earnest aspirations were
sent up."
The work is for sale at the office of the
School Library, No. 126 Fulton street, New-

AMOS DEANr, Professor of Medical Jurispru-
dence in the Albany Medical College. Boston,
Marsh, Copen, Lyon and Webb.
Under this general title, our respected
townsman has brought out a new work, which
more than any other, tests his qualities as a
philosophical thinker and writer. We need
not say to those who are familiar with the pre-
vious efforts of the author, that the test may be
freely applied without danger to his well earn-
ed reputation in both respects.
The work professes to be an investigation of
the great elements of Life:-the Power that
acts-the Willithat directs the action-and the
Accountability or Sanctions that influence the
formation of Volitions: together with reflec-
tions adapted to the physical, political, popular,
moral and religious natures of man. It is
any attempt to define "the great principles
that regulate the movement and are developed
in the action, of conscious human life;" and to
reduce them within the limits of a system.-
Reserving for a future occasion, a more elabo-
rate notice of the work, we shall only say at
this time that it is not less simple and intelli-
gible in the classification, than profound and
able in its illustration of its subjects.

Mennais-translated by Nathaniel Greene-
Boston, Little and Brown, 1839.
In the work before us, the translator has ad-
ded another to his conceded claims upon the
public approval. Although the Abb6 Mennais
wrote for and about a people borne down by
oppressions from which we are measurably ex-
empt, yet his work abounds in great general
truths, applicable to humanity in all its forms,
and worthy to be considered, not less by the
people of a free than a monarchical government.
For here, as every where, there are distinctions,
made broader by an artificial state of society,
and more galling by the assumptions of wealth
and pretension, and an unfeeling and arrogant
claim of superiority, by the few, over what is
regarded as the common mass. The work is
calculated to instruct the People in a knowledge
of their rights and duties-to show their insep-
erable connexion-to inculcate the great prin-
ciple of an equality of rights,'and the evil of
exclusive and special privileges-and to lead
to an elevation of character, in every thing that
constitutes the dignity and enjoyment, as well
as the mutual dependence, of social, moral and
political life. The translator has presented
these important truths in simple end pure Eng-
lish,-a task for which he is abundantly capa-


OHIO.-The legislature of this state con-
vened at Columbus on the 2nd inst. The Sen-
ate organised by the choice of WILLIAM Mc-
LAUGHLIN, as Speaker, C. J. McNULTY, (the
former incumbent) Clerk, and SAMUEL BUR-
WELL, sergeant-at-arms,-all democrats, and
all elected without opposition. In the House
of Representatives, THOMAS J. BUCHANAN was
elected Speaker, having received 59 of the 69
votes cast, ASA J. DIMICK Clerk, and JACOB
HARPER, Sergeant-at-Arms, the federalists
making no organized opposition.
The message of Gov. SHANNON was trans-
mitted to both houses on the 3rd inst. It is a
long document, ably drawn up, much of it re-
lating to the questions of currency and banking.
On the subject of the state finances Gov. S.,
says:-" The state debt is already upward of
twelve millions. On ten millions and a half
we are paying interest, which constitutes a
heavy tax on the people."
In the table of the debts of the several
states which was published in the Argus last
spring the stock debt of Ohio was put down
at $6,101,000; which is less by $4,400,000
than the debt on which the state is now pay-
ing interest; and 6,000,000 less than the en-
tire debt of the state, without including the U.
S. deposit debt.
The state of Ohio, at the commencement of
its system of internal improvements, laid a di-
rect tax for the payment of interest, and has
maintained its credit by adhering to a sound
system of finance.
The receipts for canal tolls the present year
amount to $478,483 51, being an increase of
$42,534 17 from last year. The revenues
from the public works are not sufficient to pay
for repairs and interest on the original cost.-
The Governor urges upon the consideration of
the legislature the importance of arresting the
further accumulation of the state debt. On
this subject he says:
The time has actually arrived when we are
forced by the dictates of prudence to pause and
consider what can be done to arrest the accumu-
lation of our state debt. Under the 'act to au-
thorise a loan of' credit by the state of' Ohio to rail-
road companies, and to authorise subscriptions by
the state to turnpike, canal and slackwater navi.
gation companies, passed March 24, 1837, the
state debt has been increased $2,492,215. This
act has left no discretion in the Executive, as to
the cases where it would be proper lor the state to
subscribe for stock. When any turnpike road,
canal, or slack-water navigation company makes
it appear to the Executive, that a certain amount
of stock has been subscribed by individuals, and
that a certain proportion of the amount subscribed
has been paid in and expended on the improve.
meant, it is made the duty of the Governor to sub-
scribe, in the case of turnpike road companies, fbr
an amount equal to that subscribed by individuals.
And in the case of canal and slackwater naviga-
tion companies, for an amount equal to one half
of that subscribed by individuals. Thus the entire
credit of the state is placed at the will of these
companies. They can involve the state in a debt
to an unlimited amount. In less than three years
we have seen the state debt increased, under the
provisions of this law, near two and one halt mil-
lions. These companies are increasing with great
rapidity, no doubt with the view of 'availing them
selves of its provi-ions. The calls on the Gover.
nor to subscribe on behalf of the state to the stock
of these companies will most probably increase,
rather than diminish, for some time to come. The
funds drawn from the state treasury under this
act, have not in any cases been applied in the most
judicious manner, and the policy of the law under
any circumstances, I consider very questionable.
The immediate repeal of this law is respectfully
recommended for your consideration."
The legislative business is going forward
rapidly under democratic auspices in both
houses. Among the proceedings we notice
the passage in the Senate of a resolution au-
thorising the Governor, the Fund Commission-
er and the Board of Public Works to suspend
action under the law for loaning the state cred-
it to turnpike companies, known as the "turn-
pike plunder act." In the House, the subject
of the state finances and improvements, had
been taken up, and the preliminary enquiries
made touching the actual public expenditures
and ti~bilitioo.
We notice also the re-appointment for three
years as public printer, of SAMUEL MEDARY,
the able editor of the Ohio Statesman, by the
entire democratic vote of both branches-a
deserved compliment to his high personal
worth, and his efficiency in the cause of sound
The democratic majority in the Senate is

4th inst., fixing on the Monday following for
the choice of a U. S. Senator; but was laid on
the table, 66 to 50, on account of the absence
of several members. A bill "'for the tempo-
rary relief of the banks of the Commonwealth,"
passed the house of delegates on the 4th, ayes
83, noes 40. SAMUEL SHEPPERD was on
Thursday elected public printer for one year,
without opposition.

MISSISSIPPI, [official.]
The Columbus Democrat of the 23rd ult. gives
the following as the official canvass of the result
of the late election:-
For Governor.
Dem. Fed.
McNutt, 18,710 Turner, 15,591
Democratic majority, 3,119.
For Congress.
Brown, 18,491 Bingaman, 15,907
Thompson, 18,310 Davis, 14,978
Average dem. majority, 3,458.
For Secretary of State.
Woodward, 18,405 Jennings, 15,105
For Auditor.
Saunders, 19,574 Cruso, 13,997
For Treasurer.
Williams, 17,790 Fitz, 14,829
The provincial parliament on the 3rd inst., was
addressed hy the Governor-General in person,
chiefly in reference to local matters. Of the bor-
der troubles he speaks with confidence arguing
full and accurate information on the subject. He
"It is with great satisfaction I can inform you
'hat I have no grounds for apprehending a recur-
rence of those aggressions upon our frontier which
we had lately to deplore, and which fixed an in-
delible disgrace upon their authors."
The project of a legislative re-union of the two
provinces, is merely glanced at in the speech-as
the matter is to be the subject of a special corn
munication and recommendation hereafter. The
New-York Sun thus sketches an incident which
occurred at the opening ofthe session:-
After the reading of the speech the Assembly
returned to their own chamber, and Sir Allan Mc-
SNab, the Speaker, then announced his continued
determination to resign, but Mr. Hagerman rose
and earnestly remonstrated against his doing so.
It seems that Sir Allan's resolution was taken at
the last session, in consequence of a vote against
his being sent commissioner to London, which he
regarded as indicating a want of confidence. This
Side Mr. Hagerman repudiated, and finally put a
motion to tie House that Sir Allan continue to
occupy the Speaker's chair, which was unani-
mously agreed to, and Sir Allan consented. The
Colonist says that the whole affair had very much.
Sthe appearance of being previously arranged."
RAIL ROAD ACCIDENT.-A most shocking acci-
dent occurred on the rail road, near the Big Darm,
on Friday night. The train of cars from Phila-
Sdelphia tor Reading passed over a man lying a-
cross the rails, entirely severing his head from hi.
body. The deceased was a young man of Read-
f ing, named William Kalbach, who was seen in
the neighborhood during the day much intoxica.
ted.-Philad. paper.
On Sunday morning the African Methodist
church, situated on 4th street, Camnden N. J. was
entirely consumed by fire. An adjoining dwelling
was also destroyed. There can be no doubt that.
it was the wk of an incendiary.
Thomas Outran, a workman in the factory of
Messrs. Stoudinger & Williams, of Newark, ag-
ed 26 years, was dreadfully injured on Friday last,.
by the explosion of a grindstone while in rapid,
motion. He lingered until Sunday, when hedied.
[From the Kingston (Upper Canada) Herald J
MELANCHOLY ACCIDENT.-On the 19th of Novem.
her, the ferry beat that plies between Kingston
and Wolfe Island, was capsized in a squall, when
about half way across, and the passengers and
crew, ten in number, were thrown into the water.
Five skiffs were instantly launched from the town,
and by great exertions the parties succeeded in
saving all except Mr. and Mrs. Shannon, of tbe
Island. He left his hold just before the boats
reached him, and was instantly carried away. She
held on, but was so deep in the water that she
was drowned.
Thomas Humphreys vs. Dr. James Anderson,
(both of Lower Marion, Montgomery county,) in
the court of niwi prius, before his honor Judge
Rogers, for the publication of a certain libellous
pamphlet, charging the plaintiff with various
crimes and misdemeanors, the jury ibund a -er-
dict for the plaintiff, and assessed the damages at
$4000.-Philad. Gax.
Muanza.-Peter Mitchell, esq., of Savannah,
Ga., was, on landing in the night at Brunswick,
Ga., struck down by some unknown person with
a club, or other heavy weapon. He was taken up
some time after, senseless, and died the next day.
No clue to the murder was even suspected, nor-
motive, for Mr. Mitchell was not robbed-his gold
watch and money remained untouched. The au-.

THE DyiNG YEAR.--" Midnight Mass, for the
Dying Year," is the striking title of Prof. LONG-
FELLOW'S 1 Fifth Psalm ot Life," in the last
Knickerbocker. It is exceedingly beautiful and
spirited, as the following stanzas will show:
Yes, the year is growing old,
And his eye is pale and blear'd;
Death, with frosty hand and cold,
Plucks tihe old man by trie beard,
The leaves are falling, falling,
Solemnly and slow;
Caw caw I the rooks are calling;
It is a sound of wo,
A sound uf wo l
Through woods and mountain p -,ss,
The winds like anthems roll
They arc chanting solemn masses,
Saying,' Pray for this poor soul,
Pray-pray I'
And the hooded clouds, like friars,
Tell their beads in drops of rain,
And patter their doleful prayers
But it is all in vain--
All In vain I
There he stands in the foul weather,
The foolish, fonl Old Year,
Crown'd with wild-flowers and with heather,
Like weak, despised Lear,
A king-a king!

To the crimson woods he saith,
And the voice gentle and low
Of the soft air, like a daughter's breath,
Pray, do not mock me so S
Do not laugh at me!'
And now the sweet day is dead;
Cold in his arms it lies;
No stalin from its breath is spread
Over the glassy skies,
N- mist nor sttin I
Then too, the Old Year dleth,
And thei forests utter a moan,
Like the voice of one who crieth
In the wilderness alone,
Vex not his ghost!'
Then comes, with an awful roar,
Gathering and sounding on,
Thie Storm-wind from Labrador,
The wind Euroclydon,
The Storm-wind I
S Howl! howl! and from the forest
The red leaves are swept away !
Would the sins that thou abhurrest,
0 Soul I could so decay,
And pass away! *

Twenty-sixth Congress----First session.

Wednesday, December 11, 1839.
Mr. NICHOLAS and Mr. MOUToN appeared in their
seats this morning.
Mr. BENTON offered resolutions which lay over,
calling for information touching the massacress
which have taken place in Florida before and af-
ter the war became open on the part of the Indians,
Also asking from the Secretary of the Trea-
isury tabular statements of the import and export e
-of' gold bullion, with the excess of each an- s
finally, as lar back as the returns in the Treasury
-department will enable the table to be made up. (
Also a like table of gold coin, of silver bullion, and a
of silver coin; with a table of recapitulation.-
And asking detailed statements of lthe weekly ex. f
portations of coin and bullion for the year 1839, (
with the names and residences of the exporters, g
and their consiguees in foreign countries; of the
annual coinage of gold and silver at the Mint and r
the branches; of' the annual product of the gold
mines of the United States-the whole made up to r
Lthe end of the year 1839. a
The Senate then went into executive session; t
and afterwards adjourned. W
The question pending was on Mr. TURNzEY'S ap- o
peal from the decision ot the Chair yesterday, that c
Mr. RHETT's motion to lay Mr. WxsE'S resolution i
on the table was lost-the vote standing 115 in o
the affirmative and 115 in the negative, counting
the votes of the Chair and Mr. Naylor (the con- c
tested member from Pa.) in the negative, h
By the aid of the previous question, the appeal a
w put to the house, and the tellers reported 112 e
as voting in the affirmative, (including Mr. Nay- c
lor auad Gov. Pennington's five delegates,) and 118
in the negative (including Mr. Ingersoll of Pa., o
and three of the People's representatives trom New j<
Jersey.) b
Wuihout announcing the result, which was clear- a
ly against the decision of the Chair, excluding the
contested votes on either side, the CHAIR stated
that more members had voted from Pennsylvania
and New Jersey than those states were entitled
to, and that it was now for the house to say which s
*of the contested votes should be counted! ti
Another scene of tumult and violence ensued- d

Ihe members voting with the majority against the
,decision ot the Chair contending that as the dis- a
puted votes could not vary the result, the decision (
,of the House should be forthwith announced and
!recorded-and the minority insisting with the o
tChair that whether the disputed votes changed the
-result or not, the house must and should decide ti
tthe preliminary question as to which should be bi
41ouated. The din and difficulty was, it possible, tU
increased by Mr. Wrsx's springing the previous je
queftiwn on the new matter thrust before the house
by-the Chair. In the course of this scene, which R
.t~be reporters agree in saying was tumultuous be. d,
.yond description, N
Mr. TURNEY rose, amidst loud cries of order! si

orderlyl order" and said that a vote had been ta-
ken in the house, which should be announced by c(
the Chair, before any other question was raised, tc
Sir, .(said Mr. T.) I ask it you were placed in that
cba.ir to announce only such decisions as would re
suit your party [Much noise and confusion, up
'with cries of'" ordeal orderly" go onl go on!"
A6 hear him! hear himl"] Sir, you must dispose th
,of the question before the house, and announce th
*the decision it has made, before you attempt to
x'aise another question. I want to know it you p(
were placed in that chair to suppress the decisions ca
vf this house, and play the tyrant? [Much noise m
and confusion.] cc
[Mr. STANLEY here ran across the area in front o0
of the Clerk's table, and up one of the passages,
slapping his hands, and crying out in a loud voice, hli
-"Let-the gentleman come to me; I will settle that be
question with him."] M
Mr. TURNEY. Sir, your decisions have been te
.again and again reversed by the house, because
you have had no regard to law, to justice, and to
'the rules and usages ot the house; and although lo
.-the house has so reversed them, its decisions can- of
atot be enforced, because you are determined to ec
inake good your declaration, that so long as you bt
occupy that Chair, the members from New Jer- of
sey whose cause you favor, shall never be deprived in
ofl'their votes. The house has reversed your de- S.
,cision but a short time ago, on my appeal, by a
,clear majority of undisputed members. There m
-were voting against your decision 118, only four tit
,disputed members voting on that side, while there
-were only 112 voting to sustain that decision, six ge
,of whom were disputed members. So that by stri- sa
king out the four disputed votes against your de- hi
visionn, there would be a majority against you, t'
,even though you count the disputed votes in favor de
of your decision. Yet, notwithstanding this clear h(
-majority, you refuse to announce the result, and
,decide that another question must first be deter-
,mined. Sir, your decision is tyrannical and mon- w
.8troum. You have usurped the powers of the
House, and attempted to reverse its solemn decis m
,ions, and I shall appeal again and again, so long pr
4w you pursue this most extraordinary course. I ele
demand that you shall announce the result on the ge.
'vote taken this morning, and if you decide that w
you will not, I appeal from your decision, or
[Great disorder was now prevailing.) th
Mir TaInGaS,.r. nL'Ponn.ovlvania. Wiil thaelhnir m

commonwealth of' Pennsylvania had been affixed
o this proclamation in the first instance.
The CLERK held up the proclamation, but the
'porter could not see whether the great seal was
pon it or not
Mr. KEIM: ls there not some memorandum in
me possession of the Clerk, which will show that
me great seal was not upon it in the first instance?
The CLERK then iead a memorandum, as there
)rter understood it, that Mr. John Sergeant had
killed at the Clerk's office and obtained the procla-
ation, fbr the purpose of having the seal of the
commonwealth placed upon it, which ihad been
fitted in the first instance.
Mr. NAYLOR then rose, and said, I hold in my
and a proclamation of gov. Porter, dated nine days
ftore the issuing of the proclamation declaring
Ir. Ingersoll elected, which declares that lam delec.
[Many voices. Let us hear it read ]
The CLIRK then read the paper which Mr. Nay-
)r handed up. It was a copy of the proclamation
' gov. Ritner, before read, which had been obtain-
1 from the office of the secretary of state at Harris-
irg, and certified by Francis R. Shunk, secretary
State, as being a correct ropy, and also contain-
ig a certificate of gov. Porter that Francis R.
hunk was his secretary of state.
Mr. RAMSAY: This is a mere copy of the procla-
ation of governor Ritner, which was read a short
me ago.
Mr. SMITH of Maine: Did I not understand the
entlemaln from Pennsylvania, (Mr. Naylor,) to
y, when he presented this paper, that he held in
is hand a proclamation of gov. Porter, dated a
w days betbre the issuing ot the proclamation
clearing Mr. Ingersoll elected, which declared that
e (Mr- Naylor) was elected?
[Loud cries of" order!" orderly" order!"
Mr. NAYLOR: Leave the gentleman to me. I
ill answer him.
Mr. SMI-rH proceeded: Did the gentleman not
ake the declaration that hlie held in his hand a
oclamation of governor Porter, declaring him
ected? I should be the last man to charge the
gentleman with intentional quibbling, but if that
as his declaration, and the paper read was the
ne referred to, I put it to the house to say whe-
4er he has not been quibbling? Will the gentle.
ian answrin(- <*?

mind the noes to be 122, (3 having voted frc
New Jersey.) So the house again determined t,
Mr. Aycrigg's vote should not be counted.
CHAIRMAN. The Chair considers the decision
unconstitutional. [Loud laughter.]
Mr. DaOMGOOLE considered the declaration ju
nade by the Chair, to be a direct reflection
the house.
The CHAIR proceeded. The decision of tl
house deprived a sovereign state of its right to s,
through its constituted authorities who should
its representative on that floor; and it wa
therefore, in the opinion of the Chiair, unconstit
tional; but, inasmuch as the meeting had though
proper to make the decision, the Chair would acqA
esce in it, and announce the result; which was, th
tke vote of Mr. Aycrigg should not be counted.
[(. Oh! ahl that indeed I" Great sensation I
the house and galleries.]
The question then was put successively on eac
of the other Pennington claimants-Messrs. MAI
house by a vote of 116 to 122, and of 110 to 11'
again determined that neither of these claiman
should vote.
The question was put on the right of Mr. INGE1
SOLL of Pa., and of Messrs. KILLE, COOPER an
RYALL of New Jersey, to vote, and the house una7
imously determined that they should not be counted
So both sets from New Jersey and one trot
Pennsylvania were excluded by the house.
The case then stood thus:-The house had d(
cided that the votes of both sets from New Jerse
should not be counted on the appeal. So tha
excluding these votes, the result was, as before
against the decision of the Chair that the motion t
lay Mr. Wise's resolution on the table was lost b
a tie. But meanwhile the house had decided tha
Mr. Naylor's vote should be counted on the aj
peal, and the Chair therefore took it for granted
that the decision in question was in effect affirmed
as it was Mr. Naylor's vote that made the tie!
[The reporters here record "roars of laughter,'
and no wonder.]
Mr. WISE finding that under this new move c
the Chair, his resolution was not laid on the te
ble, but still alive, moved the previous question oi
it. His resolution reads as follows:-
"Resolved, That the Acting Clerk of thi
House shall proceed with the call of the member
from the different States of the Union in the usua
way, calling the names of such members from Net
Jersey as hold the regular and legal commission,
from the Executive of that State."
The main question was ordered to be put, an
was taken, by unanimous consent, by ayes an(
noes, and the resolution was rejected, ayes 111
noes 118.
Mr. RHETT then offered the following, and de
handed the previous question on it:-
Resolved, That the House will. proceed to cal
the names of gentlemen whose right to seats art
riot disputed or contested; and, after the names o
such members are called, and bef'ure a Speaker ii
elected, they shall, provided there be a quorum o'
such present, then hear and adjudge upon the elec
ions, returns, or qualifications of all claimants,
(Mr. NAYLOR and Mr. INGERSOLL excepted) to thE
seats contested on this floor.
The main question was ordered to be put, on the
first clause, ending with the word contested"
a division having been called for) and it was a-
greed to without a count.
The second branch was also carried, ayes 138,
noes 92.
Mr. CAMPBELL who voted with the majority,
ose and said that he did so for the purpose of en-
bling him to move a reconsideration, with a view
o offer another proposition to the effect that the
tames of the legally certified members only should
ie called, that the house should then proceed to
organize, with the understanding that when the
contested rights should be determined, such organ-
zation should be dissolved, and a new election of
officers be had forthwith.
The question was put on reconsidering the first
lause ot the resolution just passed, (the CHAIR
having meanwhile made and withdrawn, under
n appeal, a decision that the motion to reconsid-
r was not divisible), and the house refused to re-
onsider, ayes 102, noes 116.
Pending the question on reconsidering the vote
Dn the second branch, a motion was made to ad-
ourn, which the CHAIR decided to be out of order;
ut, upon an appeal, reversed its own decision,
nd the house adjourned.

While the counter claims of Messrs. Inger-
oll and Naylor of Pa., were under considera-
ion in the H. of R. on Wednesday, the sceee
described below (the reporters on both sides
gree) actually took place. We take the
rlobe's report of the affair:
The question was now stated to be on the right
M -r. .Naylor to Tote.
Mr. CRANE again stated that before that ques-
on was put, he desired to have the credentials of
oth Mr. Naylor fnd Mr Ingm'sioit re,,m, iin nrrlor
lat he might vote understandingly on the sub-
The CLERK then read the proclamation of gov.
litner, dated the 30th ol October, 1838, which
eclared that Messrs. Paynter, Sergeant, Toland,
aylor, etc. were elected members of the twenty.
xth congress.
Mr. KEIM inquired whether the great seal of the

or wrong, in declining to decide this great quies-
tion, and in throwing it lor decision upon the C
House ot Representatives? Who will say that he
alone of all reasonable men in the country was to v
act on the assumption that the right oJ election r
was in the Governor of New-Jersey, and not in t
the people of New-Jersey.
It the object of this objection to receiving false
or undue returns had been merely to enable the
administration party to carry their officers, then I
it would have been an inadequate and most unne- a
cessary movement; for they could have carried the a
State Rights' candidate, Mr. Lewis, with the
New-Jersey whigs against them, by a majority of a
seven. As to the Clerk, even it' he had been the e
sort of a man, as he is not, to be influenced by c
personal motives, he was hazarding his election, i
rather than promoting it, by offending the whigs.
There were no less than six whigs of whose vwtes
he was certain, had this difficulty not occurred; r
and all those votes he will, probably, lose, in con- s
sequence of it. I regarded it as a contest for the i
freedom o elections; as a question between the
people and their returning officers; and the count. r
try is, in my opinion, to be congratulated on ac- t
count of the decision. I

[Correspondence of the N. Y. Evening Post ]
Wednesday evening. c
The meeting may be considered as having made r
progress to-day towards the organisation ol a house
of representatives. They have in effect settled the
question that the New Jersey whigs shall not vote t
until their claims are investigated, and it is decid- (
ed whether they have or have not a just right to
seats as members. They decided further that Nay-
lor was entitled to vote. Those questions were J
taken by yeas and nays, strange as it may seem,
tbr the roll of members by states had not been cal- a
led, but then the democrats have had to do every n
thing, so lar, wrong end foremost, or else not do
it at all. They took the question by yeas and nays, v
the clerk, of course, striking from his list of yeas e
and nays all the New Jersey members whose seats I
were contested, and there was a majority of five t
against permitting them to vote. The question was
then taken on the resolution of Mr. Wise, "di
A*- 01- tl--l in _-f-- -* I Yf. ^... -i1 l 2. 1--1



st LAND, HO!
on Thanks to the patriotic determination anc

he spirit of the democratic friends of the Adminis-
ay traion in the H. of R., the worse than parti.
be zan efforts of Mr. ADAMS and a well drilled mi-
s, nority, to pack the contested seats from Xew-
-ht Jersey with federal and abolition pretenders,
d- have been signally foiled-every point in dis-
at pute having been carried, after a hard struggle
in of eight days, for which the democrats and the
Clerk contended at the start. Both sets oj
ch claimants from NVew Jersey have been ordered
Y. to stand back, and abide the decision of the un-
he disputed members, and the house may now be
ts said to be fairly in sight of land. An interest-
ing summary of the proceedings of Wednes-
R- day, will be found under the congressional head.
d. We congratulate the friends of the country
d. and of the right of the case, on this aus-
m picious result. The lesson which it conveys
cannot but be felt, whatever may be the pre-
Stences to the contrary, in the proper quarters.
at The daring efforts of official partizans to falsify
e, the voice of the ballot boxes, and to thwart the
o popular will, as well as the systematic and per-
Yt severing attempts of a factious minority in
p. Congress, to consummate the fraud thus
d begun-stand rebuked before the represen-
d, tatives of the American people, and under
Circumstances which leave no room for escape.
It cannot be disguised that they went into the
Of contest thus happily closed, with the odds de-
La cidedly in their favor. They had the control
Sof the "broad seal" of New Jersey, to begin
s with; and their party friends in the house made
a the most of the prima facie evidence of right
I which it implied. They had with them the
o Chairman of the house, who was scarcely warm
in his seat before he sought to arrogate to him-
d self the functions belonging exclusively to the
id body itself, and to decide the whole question in
5 dispute in their favor. Their friends, indeed,
had the ear of the Chairman from first to last,
and the benefit of his forced constructions and
1 violations of rules and orders, his one-sided and
e confessedly wrong-headed decisions, made with
I a view to carry out his avowed determination
That so long as he occupied the chair, Gov. P.'s
representatives should be counted-while the
democrats had to contend throughout against
Sthe undeserved influence of a Chairman thus
disposed to carry his point at all hazards, and
Determined to concede nothing, not even when
Overruled by the House upon an appeal, and
even then covering his retreat under an im-
peachment of the constitutionality of the deci-
sions of the appellate tribunal!
But we have not space, nor is it necessary
now, to follow the erratic Chairman through all
the windings of his tortuous, and, we trust,
short lived, career-nor to dwell longer upon
a result which has covered him and his abettors
in the house with deserved disgrace. The
Washington correspondent of the N. Y. Jour.
of Commerce, no doubt, expresses the honest
views of candid men of all parties, in regard to
the conduct of all concerned.

[Correspondence of the Journal of Commerce.]
Washington, Wednesday, Dec. 11.
SThe House is now in a tair way to be very soon
organized. The meeting of the members elect
have agreed upon the course to be pursued, pre.
liminary to an organization. There will be no
more disturbance nor confusion. Every thing is
likely to proceed harmoniously. As old MIr.
Auama said, some days ago, there was more of
heat than diversity ot opinion in this meeting.
The meeting has decided the grand question--
who shall vote,"-and a most just and righteous 1
decision it is. They decided that Mr. Naylor had
i right to vote, and that neither of the New Jer-
sey sets of claimants had any right to vote. They 4
then passed Mr. Rhett's resolution, which directs
that the unmdisputed members be called, and that
they decide upon the election returns of those
in dispute, (except Mr. Naylor and Mr. Ingersoll)
prior to the election of a Speaker. Thus, after
nine days discussion, has the House come to the orin
ginu.1 proputlciiur& i,rla, &y ,As Clerk (if t/ic House,
and also by Mr. J. C. Rives, on the first day of their (
meeting. Every day's debate satisfied them more t
and more of the propriety of this course, and par-
ty feeling aside, there are few men who can con- (
tend that it is erroneous. The House has nobly
sustained its own character and privileges, by in
tarposing between popular rights and the usurpation e
of unfaithful returning officers. Who will say, t
now, that the Clerk of the House, acted unwisely

And this, the Sheriff says, is done by order
of the Governor.' Upon this expression 'New-
York's favorite grandson,' or some other legal
vitling of equal profundity, seizes, in order to
aise a doubt of the legality of the movements of
he Sheriff."-[ Evening Journal.
The above extract from an authoritative ar-
icle in the Evening Journal, copied into the
)aily Advertiser, did not arrest our attention
it the time, or we should have noticed it so far
as to say, that the charge which we, as wedil
as that portion of the public who take an inter-
ist in the matter, suppose it to convey against
one of our citizens, is as indecently made, as
t is untrue in point of fact.
The article in the Journal, above alluded to,
purports to be editorial, but its learned disqui-
itions upon the statute law and the common
aw, and its magisterial air, betray a conscious
possessionn of all the knowledge con-ected with
he whole subject, of which the editor of the
Evening Journal is as guiltless as the Attorney
general himself. Independently of this, how-
ever, the article is characterized by all tha
courtesy and amenity of manner as well as be-
nignity of temper and benevolence of feeling,
vhich distinguish the conduct as they illuminate
he countenance of an amiable member of the
Cabinet here, who, in the absence of Mr. Weed,
is generally denominated the government de
It remains to be seen whether the individual
alluded to can spare sufficient time from his
numerous functions to explain the cause of this
vilful assault upon a private citizen, or wheth-
r, as in the case of a like attack upon General
)ix, he will quietly creep under the mantle of
he respectable editor of the Evening Journal.


one of Mr. Adams's absurd and tyrannical dec
ions. Mr. A. refused to entertain the appeal, u
til absolutely forced to do it. Mr. Turney then a
tempted to make some remarks, which Mr. Adar
declared to be out of order. Why, no mor
could tell.
d The whole whig side of the house seconded M
Adams with the cry of order," and the voices
" Graves, Wise, White & Co., were heard above
* the rest. Mr. T. was to be cried down, as eve
. man was to be, upon the administration side, wl
Attempted to make a move in the meeting. Th
was manifest. But Mr. Turney is not the man
Scower by being browbeat. There are few men,
* any, who have as much nerve and firmness. E
Sent on with his speech, amid the cry of ( c
der," from the whigs, and go on," from h
Friends, who gathered around to defend him fro
violence, if any should be attempted, apparent
with as much self-possession as if all the wor
passions of human nature had not been raging
around him at the moment. His resolute county
nance, his bold and determined stand, complete]
held the whigs at bay. No hand dared do violent
to him, although sundry hands were seen to da:
quickly to those places where deadly weapons ar
believed to be hidden. Whig desperation, as
for the first time fully conscious of its own infi
mous designs, slunk to its seat, and Mr. T. wa
permitted to proceed without further interruption
The question was afterwards taken on the appeal
and the decision of the Chair reversed, as usual.
If the meeting reconsiders the vote to-morrow
upon the second clause of Mr. Rhett's resolution
it will then be exactly where the embryo Houw
was when the whigs interrupted Mr. Garland i
the call of his roll, and first commenced their at
tempts to force the whig members from New Jei
sey to seats, as members, in order to get their vote
for a whig Speaker. But whether reconsider
or not, the meeting will have decided that ti
very course shall now be pursued which Mr. G
desired to pursue in the first instance, and which
is the only one known to the law, constitution
custom, principle, or precedent, to wit: that th
Clerk shall proceed, and call his roll of members
omitting the names of all whose claim to seats i
disputed for the subsequent consideration of th
House of Representatives, with which alone th
constitution has lodged the power to decide upot
such cases.
Yesterday afternoon, in the midst of a snow
storm of unprecedented severity, the several
companies from this city and Troy, under th
command of Maj. Bloodgood, marched intc
town, having closed the campaign and the war
in the course of the week's service. Arrived
at the Rail Road depot, at the head of State.
street, they were briefly addressed by the Gov-
ernor, and dismissed. Thence the Burgesses
Corps marched down State-street to the Man-
sion House, as an escort to the Troy compa-
nies, where they took leave; and thence tc
their armory, corner of S. Market and Division
These citizen soldiers, it will be recollected,
marched at 7 last Monday morning, under the
summons of the Sheriff, issued, as the mandate
ran, by order of the Governor." They num-
bered, in the start, about 150; and were subse-
quently joined by three companies from Troy,
in number about 100. They passed, we
believe, the first and second night at Clarks-
ville, (twelve mi]esgfrom the city ;) thence
marching to Rensselaerville, where the
main body were stationed for two or
three days, detachments accompanying the
Sheriff to Knox and other towns. On Friday
they returned to Clarkaville; and yesterday
marched to town, the snow nearly knee deep,
and the storm raging without intermission dur-
ing the day.
We understand that they have met with no
resistance, from the tenantry, in any part of
their route; and that process has been served
by the Sheriff, in all cases where the individu-
als were found, without obstruction. Several
of the persons arrested were admitted to bail;
and three were brought to town and commit-
The alacrity with which these citizen sol-
diers have obeyed even a questionable sum-
mons, for the maintenance of law and order,
and the calmness, order and soldier-like bear-
ing with which they have endured the fatigue
and exposure, (the weather, alternate rain and
snow, having been severe) have added to their
claims upon the respect and consideration of
their fellow-citizens. They have borne them
selves like veterans; and we hear from all
quarters of the high discipline and propriety of
conduct that have characterized their week's
service, both in their camp duties and their in-
tercourse with the people of the towns.

'n, After the recent election in New-Jersey
se Gov. Pennington, on looking over the returns
t. ascertained, that his five candidates were in
r- minority, and that unless they were, neverthe
!s less, commissioned to act in the House of Re
e presentatives, the Federal party would be in
Minority in that body. Through the agency o
h two 'partisanClerks,' he succeeded in excluding
', a portion of the returns and commissioning fiv(
, spurious members, under his 'great seal-'-
is Whether this high-handed usurpation is entire-
e ly without precedent let history answer.
e Oliver Cromwell, upon examining the Inden-
tures of the Parliament of 1656, ascertained
that his adherents would not constitute a majo-
rity of those who were duly elected. The Lord
Protector and his Council, through the agency
of a partisan Clerk, resorted to an expedient
to remedy the evil, of the character and opera-
tion of which we find the following narrative
in an impartial historical work:-
r In a letter to the Speaker from the members
who had been refused admittance at the door of
Sthe lobby, Sept. 18, the house ordered the Clerk
of the Commonwealth to attend next day with all
Sthe Indentures. The Deputy Clerk came accord-
ingly with an excuse for his principal and brought
1he ludentures: but on being asked why the names
Sof certain members were not returned to the hmuse,
Answered that he had no certificate of approbation
for them. The House on this sent to inquire why
these members had not been approved. They re-
turned for answer that whereas it is ordained by a
clause in the Instrument of Government that the
persons who shall be elected to serve in Parlia-
ment shall be such, and no other than such, as
are persons of known integrity, tearing God, and
of good conversation; that the Council, in pursu-
ance of their duty, and according to the trust re-
posed in them, have examined the said returns,
and have not refused to approve any who have AP-
PEARED TO THEM to be persons of integrity, fearing
God, and of good conversation; an'd those who
are not approved, his Highness hath given order
to some persons to take care that they do not come
into the House."

GooD.-The following clever quip comes
from the Rochester Daily Advertiser:-
Well," exclaimed one whig to another, when
the news of the nomination arrived in this city,
don't you think we've shot our Granny"
"No!" replied the other, not perceiving the
metaphor, but I wish we had /"

No. 7.-This numerous and well-appointed
Company give their first Annual Ball this eve-
ning at Stanwix Hall. The circumstances
which have led to its postponement, will, now
that the gallant campaigners have returned from
duty, enhance the hilarity and interest of the
occasion, and probably add to the number in
attendance. The arrangements for the f6te
have been made with the liberality and good
taste that characterise the Company; and it
will come off, we do not doubt, with eclat.

the 11 thi inst., an old offender by the name oi Hen-
ry Cr-iston, who has been out of the state prison
but a few months, stole a horse in the town of
Nassau, and was pursued by R. Merrill, an officer,
and tracked as far as Greenbush, where the horse
was found, but the thief had made his escape into
this city. Merrill, although but little acquainted
with the hiding places of individuals of Cran-
ston's character, determined to arrest him, and
procured the assistance of that invaluable and effi-
cient officer, Mr. Miller, of Greonbush, who soon
ferreted out the thief; and delivered him over to
the proper authorities. Too much praise cannot
be awarded to Mr. Miller for his sagacity in ferret.
ing out and delivering over to justice this harden-
ed offender. A.B.

FIRE DEPARTMENT FUyD -This fund now a-
mounts to $31,340 31. Receipts of the year,
$10,609 26; expenditures, $8,864 93. Added to
the perinanent fund, and including in the above
amount, $2500. The avails of this fund are ap-
propriated fbr the relief of sick and disabled fire-
men, or their widows and children -[N. Y. paper.
SUDDEN DEATH,-Mr. Thomas Simms, hatter
in Canal-street, while conversing in Nassau street,
suddenly tell and expired.-Jour. of Corn.

of Mr. Moyer, near Sumingtown, Montgomery
county, Pa., was blown up on Friday last, caus-
ing the death of one man, Abraham Wambold.

Albany, Dacomber 10, 1839.
To the Editor of the Albany Argus.
You being a friend to all that relates to the advance-
ment of military science in our community, I would re-
spectfully request the Insertion in your paper of the an-
nexed article written by an eminent Divine of our city,
anid which met my observation in the last number of the
Christian Intelligrncer. Ex. LIKUT. V. R. G.
Messrs. Editors-It is doubtless the duty of every phi-
lainithropist and christian not only to observe the moral
phenomena of the day, but to spread his observations be-
fore the public mind. And this is a special duty, when
those phHenotena are novel, attractive and practical.-
Under this minpresuion I am constrained to communicate
something I have seen with unusual satisfaction, and
which, if it were made the pattern for extensive imita-
tion, would produce a revolution ihat would surprise the
community, gladden the aching heart of many a parent,
and start a career of high honor and usefulness to m.iny
of our youth. I observed in the papers four city, ano-
tice that the rooms of a nmiliiary association, called the



We are still without later intelligence f
the South-the mail due on Sunday morn
being still unheard from.



T3IN PLATE, COPPER, &c.--200 boxes
. Plate.
12 cases Sheathing Copper, ass'd from 14 oz. to 32
100 sheets Braziers' Copper, assorted sizes.
lOu bundles 1st quality Russia Iron.
300 do do English do
50 do do Philadelphia do
100 do Iron Wire.
1000 Ibs Bock Tin. For sale by

SABLE CUTLER VY-Ivory and stag hanl..d
u. nig setts, complete; do.do by the case or doz
vory and stag, cocoa and tip dining and dessert kni
and forks, and knives without forks; ivory .ind cocoa x
picks, for sale cheap for cash, by
de4 GEO. WAR HEN, 372S. Market st



SHOVELS, &c.-lb5doz. Ames' Back trap hov-
e; s.
40 dozen Ames' Round Point Shovels.
20 do do Long handle shovels.
60 do do Spadtes.
100 do Pierce & Wood's back strap shovels.
50 do Adams's common shtiovels.
75 do Burrow's do do
50 do Cast steel shovels.
60 do Scoop shovsls.
For sale on favorable terms, by

WOOL, WARPS, SUMAC, &c.--20oo pounds
superfine Merino fleece wool.
1500 Ibs, clean pulled Lambs' No. 1, do.
12 beams; 8000 yards suttinet warps.
5 tons Sicily Sumac.
600 dozen Sumac tanwned Sheep skins.
500 do bark do do do
2000 gallons winter strained Sperm Oil.
20 barrels Liver do do,
30 bales green salted and dry Patna hides.
Hides, Spanish and slaughtered.
Horse and Seal Skins, for trunk covering.
Sole, Upper Leather and Calf Skins.
For sale at No. 6 State street, Albany, by
ocl5-dac SEYMOUR & V WOO1r
McGUIGAN, formerly of the firm of Cassidy &
M1cGuigan, of the city of Albany, having dissolved the
partnership aforesaid, have appointed ERASTUS PER-
RY, of the city of Albany, our attorney and agent, who
is exclusively commissioned and authorised to settle up
all out-standingaincounts of the aforesaid partnership,
and receive the amounts due to the aforesaid firm, and
give suitable and proper releases and discharges thererfo;
and we, the said Henry Cassidy and Francis McGuigan,
do hereby covenant and agree to ratify and affirm what-
ever our said attorney and agent may awfully do inthe
In witness whereof, we have hereunto set our hands
and seals, this 28th day of June, 1839.
In presence of John Frederick,
Peter Curry. jy4-dae

and 2d series, just completed. constantly on hand
for sale at the publishers' price, $20, including case, lock
and kdy, by WV. C. LIITLE, Bookseller,
noSO-dactf Albany, cor. State and S. Market sts.
SIGNS TO BE NOTICED-In the vicinity
where Douglas's Patent Cooking Stoves are practi
cally shown to the public, they are speedily coming into
general use. They who sell other kinds, dire not try
them experimentally with Douglas's stoves; having
the quantity of fuel, the quality of cooking, the con-
venientes, the smoking, the durability and beauty of
each, properly estimated, and the result published.-
Such trials would soon spoil the pretty puffings of
the stove gentry. When the public have been suffi-
ciently Cheated in the important article of cooking
stoves, they will attend to the real evidences of" value.-
Douglas's stoves burn wood and coal, in about half the
usual quantity of the premium stoves. One minay be
seen in operation every Tuesday, at the store, No. 35
S. Pearl st., Albany.

C OAL COOiING STOVE-The subscriber is
enb tiled to offer a further supply of' his new Coal
Cooking Stove. He is permitted to refer to a great num-
ber in use in this city, and the best evidence he can hlve
in their favor i1, that not one has ever been returned-
Thy are undoubtedly the most perfect cooking stove,
for burning the Anthracite coal, that has yet been offered
to the public.

A CARD-GEOIGE WARREN, importer and
dealer in Guns, Pistols Gun Locks and Furniture,
Files, Screws. Plated and German Silver Ware, Cutle-
ry ;and domestic hardware, continues business at No. 372
South Market st. Hle tenders his thanks for business fit-
vors received, and respectfully solicits the continued
patronage of his friends and tihe public.
him goods are purchased on the best terms, and In the
best foreign and domestic markets, and are offered at a
small advance from cost for cash. 1ol6
Paris article, designed for balls and parties, rec'd
at the U. r. BAZAAR,
no27 324 N. Market st.

A GOOD SIGN-Ten families on Lydius st., Al
tbany, have purchased Douglas's patent, fuel saving,
smoke preventing Looking Stoves, which they highly re-
commend, without an exception The same may be said
of six families on Hudson st., and many in other parts of
the city, whose principal names are given by permission,
as follows:
Asa Fassctt, A. Van Allen, John Hilton, Abrahamn
Pittingcr, Edmond Lord, Jesse C. Potts, Joseph Black-
all, L. S. Hoffman, C. McMillen, A. H. Coughiry. James
Savaee, Erastus Miller, Robert Blackall, Daniel Curtis,
Adoliphus Colborn, Seth Arnold, I. G. Dix, J. D. WV.
Weumple, Joel Marble, John Keyes Yaige, John M. Da-
vison, Green Hall, Lyman Chapin, S. Van Rensselaer,
Chauncy Emerson, Charles Cowel, John Deyermo.d, Ro-
bert Erwin, Daniel Fry, Peter Keyser, Ebenezer Wat-
son, L. Adams, Peter Relyea, Moses Wood, G. W. Peck-
ham, Win. Coughtry, J C Ward. Mathew I. Hailenbake,
Nicholas Yonngniman, J. W. H. Carroll, Thomas Knight,
31. Blurbanks, J. Cunningham, Wm. S. Rossiter-one at
Ex-Governor Marcy's, much liked. Recommendations
out of Albany, onmittud. The fuel saving stoves are for
sa!e at 35 S. Pearl st., where practical evidence is given
of their value, at a iy convenient t.me, by request, espe.
cially on Tuesdays, when experimental comparisons
ire invited. [del2-dac|l B. DOUGLAS.

- '1'O LIE'T-A tavern stand situate onthe wes-
tern turnpike, about 8 miles west of the city of
Albany, being the premises lately occupied lby
Mr. George Batterman, deceased. Attached to
this tavern stand, are about 70 acres of land under goou
Also, at the same place, a grist mill with two run of
stones and an abundant supply of water through the year,
and a pluser mill adjoining. Also, a store suitable for a
country merchant. This store was lately occupied by
George Batterman, deceased, and has an excellent run of
Also, three farms in the vicinity, all in a good state of
cultivation, with suitablle buildings.
This property will be rented together or separately, and
for one or more years as can be agreed on. Enquire of
the subscriber, 14 Hudson street Albany, or General Bat-
terman or Mr. Henry Sloan, Guilderland. Albany, 6th
December, 1839 JOHN L. SCHOOLCRAFT.

- TO LET-A sattlnet factory stiuate in the
town of Guilderland, in the county of Albany,
about 8 miles west of the city, and on the wes-
tern turnpike. This factory contains two sets
ot machines in good order, and has an abundant supply
of water all the year. It will be let for one or moreyears,
as may be agreed on. Enquire of
de7-dac4w 14 Hudson st., Albany
valuable property, wit) its ippurtenances, situ
ated near tIhe banks of the Hudson in the village
iof Schuylcrville, Saratoga county, is offered io0
sale. The advantages'of this location, as a place of bu-
siness, are too well known to need description. et fo?
thle information ol'fs:ue, it may be well to staie, that i
is situated at the junction of two stage reds, from Alba.
ivy ,1 i*t i m rnnIntn and Cti'-n. Roawtosn .fi. *vi Rnnnnlni nn *rn

grateful or the liberal patronage he has received,
would inform the public that he continues to tune and re-
pair Piano Fortes, at Mr. P. A. Mayer's Music Depot,
2O0 North Market at.
Having been in constant practice for 12 years, he trusts
that entire satisfaction will be given to all who wil please
to leave thIeir orders as above. rI,2t

PURSUANT to an order of James Hooker, esq. sur-
rognie of Dutchese county, notice is hereby given,
ihat all person, having claims (gaiuxt the estate (t'Miir-
,-us Wagner, late of the town of Pawling in said co' nry,
deceased, are required to exhibit the same with the
vouchers thereof, to the undersigned exe-utrix, in ;he
oI0n ,f'Pawling in I h- county of Dutche-s onor before
the ixteenth day of June next, or in default thereoi their
claims -ill te debarred and precluded from payineit by
said executrix out of said estate. Dated this third day of
December, 1839. BETSEY MARIA WAGNER,
6T6m Executrix, &c. of sail dece;aspd.

A T court of chancery held for the stale oif New-
York, at the town of Poughkeepsie. on the sev-nth
day of December, one thousand eight hundred and thir-
ty-nine-Prcsent, Charles H. Ruggles, vice chancellor of
the second cireuit.
Samuel Monell. complainant, vs. Ellison C. Scott,
Lewis Robinson, Edward Armstrong andi Alanson Ro-
binson, defendants.
Itappearingby affidavit to the satisfaction of this counit,
that the defendant Lewis lobinson is absent from tho
state, and is now residing in tihe state of Micl;igun-on
motion of John J. Monel, solicitor for comply inaat, it i-
ordered 'hat the said Lewis Robinson appear and answer
the bill of complaint filrd ia this cause within four
months from the d:iteof this order, and in default tt ere-
of, that the said biil be taken as confessed by him; and it
is further order d, that wthtn twenty days the said com-
plainant cause this order to be iiublisred n the state pa-
per, and in the Poughkeepsie Telegrlph, ,nd tht tihe
sa:dpublication be continued in e cll of the s1 d papers
it least once in each week lor eihht weeks in sue session,
or that he cause a copy of this order to be persowImlly
served upon the said Lewis Robinson al 1. ast twenty
days before the time prescribed for his appearance.
7T8 Copy. ALEX. FOiB1i S, Ci rk.

AT a court of chancery, held for the state of New York,
at the town of Unondaga, on the six h day of De.
member, in the year one thousand eight hundred and tihir-
ty-nine-Present, Daniel Moseley, vice chancellor of the
seventh circuit.
Benjamin Jencks, et al, vs. William H1. AlexInder,
Daniel Capron and Elisha Capron.
It appearing by atffidavit totte satisfaction of thiscourt
that the defendant Elisha Capron is a non-residtnt of
this state, and resides in the state of Michigan-on ir o-
l ion of Leavenworth & Comstock, solicitors for the com-
plainants, it is ordered, that tihe said defendant cause
nis appearance to be entered, and notice thereof to be
served on thecomplainants' solicitor within lour monthss
t'rom the date of this oider; and in case of his appear-
alice, that ne cause his answer to the complain.ians'
till to be filed, and a copy thereof to be served on the
complainants'solicitois within forty days after service
of a copy of said bill, and in default thereofl said bill of
complaint mniay be taken as confessed by hmi: aid it is
further ordered, that within twenty days the said comin-
plainams cause this order to be published in the state
paper and in the VWetern State Journal, andi that the
said publication be continued in each of the sail pap rs
at least once in each week, for eight weeks in aucces-
sion, or that they cause a copy of this order to be per-
sonally served on the said Elisha Capron, atleust twen-
,.y days before the time above prescriocu tor his appe.tr-
ince. Copy.
Lpavenwoith & Comstock, Complt's sol's. 7T8
T a court of chancery, held'for tile state 01 iNew-
York, at the city of Rochester, .n tihe county of
.lonroe, on the fi'th day of De member, one thousand
eightt hundred and thin rty-nine-Present, Frederick \V hit-
tlesey,vice chancellor of tihe eighth circuit.
Elia,i B. lolmes, complain ,,(, vs. .Nal, an el B. Hall,
Sijah HalP,Auidtew B. hall, Gedren W, Bubanli, Vil-
lam %V. Peet and Thuron Soul,, de endaiit..
It appeariting by affidavit tothesatisfaction ot thiscouirt,
tlhat process of subliona ti appear hlas been issucc out
f and under t e -eal of this curt, directiedi tile tt--
endant iNathanlel B. Hall, whio is a re-iletit oflt ii-1
state, but that process could not be sei ved oni said tdi.-
;endant by reas n of his continued absence ironi mime
lace of his residence-on imotioui o0 31r. J. l'a:nier, %Oa,
solici or for the complahiiant, it is ordered, that uaid A\a-
l*haniel B. Hall cause hs appearance to be entered, tund
notice thereof to be served on tile couiplains it's solicitor
,vithin three months fromn thile date of this order, aimi it
ease ot his appearance, that he cause his aAnwVer to tha
uomplainant's bill to be lUled, andi a copy thi.lieot to tiq
served on the complainant's solicitor within foibr vi ts
.tfter service oft a copy of said bill, and in dietault tire-
of, that said bill of complaint ibay be t akeu as cotl, s-
.sed by him: and it is further ordered, that withinL tiVnl-
y days thie said complainaniit cause this order to it ,ub-
ished in the state paper, and in the K-ochi sit r Ie1.o-
crat, printed in the COM nty of Monroe, and that tile stid
publication be continued in each of ti0 e sBiiU paper at
Least once in each week for eight weeks in sukcts:s iO,
i)r that he cause a copy ot this order to be p(Lrsoni:ly
served on the amid de eidaniit '\athaiel 13. ut 1, at.e,,st
iweinty days before the time above pxeacribea tor Lis
appearance. Copy.
7T8 SAM'L. L. SELDLN, Clerk.
Y. order of the bon. David Woods, a; :, 01 Wash-
ington county courts, and counsellor in titj su-
prenecicourL,RnoLlctis fel %:cy glVeUii, pirtimarnito ti. !i. -
liioliS o" ihe statute auLhoMiiti- ;ittacLi_:, ; iab .L.,i
.bs :ondhig debtors, thai an amitiat'hln-t ins ; uij ;.-
,ainst lite estate ot OS1MO1N OLPH, an abs.ncii. g
ieb or, auu that thL same will bie sold i1a ,i tety t
if his aebts, unless h, appear aid tisil.irtt u-ii a.-
achmeni according ta law within ttcree ii .tiLis reil
,ni tirst puri.ication of this tiouce; wld tliat tite F }-
aent of any deut. due to him by reaicientb of tLia E.*;
,id the delivery to iimt or for his tmn, ui any pr.upeti;.y
within this stat belongingto him, amu dii, i ,- f
,ay property by him, ar, toiidden by la', anid :,r voim.
tated 14,h JJecember, 180.
7T9n> Alt on-..., i.1,,

N u'I'iC is hereby given that the coinutuii Council of
the city of Rochester will make apphiction to tlie
legislature of this state, at it-6 next session, for the iol-
,o ing amend.ients to the charter ol saihi city:
let. To provide far thle lcetion of the C:.iiciors and
justices of the Peace of the several wurd,:, y the people
of said wards re-pectivejy.
2d. To extend tie liiiits of said city so as to include the
ground purchased for a burial lot, called Mlt. hope Ce-
imetery, aind to exempt burial lots therein, sold bty the
'ity, from sale on execution, and front tlxes and atssLS-
3d. To empower the Common Council of said city to
make and p;ass such ordinarnes as thiiey may ti oum li icto
time deem necessary and proper for the filing up, dran-
ing and regulating ofaany grounds, yalos, orce.,lars witlh-
in the city, that may be stunkenti, amp or unwho esume,
,And for the filling up or altering aid amending smiks a ind
privies, and for directing the imode of constiutting thictii
in future; and to cause aill such works as may be neces-
sary for the purposes taforesaid, and for the pres rvatlon
of the public health and cleanliness of ,iecity, to be dunie
iat the expense of the corporation, on account o thie per-
sons who ought to do the sante, and that the expenses
hereoff may be estimated, assessed and coliectt d ini tie
-ame manner as is provided with respect to other public
4thi.' To authorize the raising of tile money require d for
the payment of teachers of cornmmon sciiools, and the erec-
i.ion or repairs of the schliool houses in the several
school districts of said city, by an assessment upon all the.
taxable property in said districts respectively. I
5th. To authorize the said Commnon Council to raise
annually the umn of Three Thousand Dollars for the
highway fund, in addition to the amount now authorized
to be raised for said fund under section 2, title 7, of the
act incorporating the city of Rochester.
6tlh. To authorise the said Common Council to raise
annually the sLuin of Fifteen Hundred )ollai s tor the -up-
port of the Fire Department, in addition to the sun now
authorized by law to hie raised for such purpose. Dated
Rochester, Dee. 5, 1839.
By order of the Common Council.
7T6 Win. It. Montgomervy. Cerk.


-ALA% r

proposition to lay all Abolition petitions on the
table, without being debated, printed, or refer.
red." Mr. ADAMS is not inclined, we presume,
from his late course, to part with his faithful lit.
tie band of followers : and as they stuck by him
in his extremity, so he now sticks by them in their

Snow began to fall at about 11 o'clock on
Saturday night; and it continued falling, with-
out intermission, during ail yesterday. So
that at night it was, at an average, of great
depth, and in some streets and places, owing
to the drift, impassable. As it had not ceased
snowing when our paper was put to press last
night, it is impossible to predict the end of it.
Of course the mails were impeded in every
direction. None arrived during the day, by
railroad or steam-boat, or from any quarter.
It is supposed that the steam-boat has not ven-
tured above Hudson, and that the roads are lit-
tle better than impassable between that place
and this. Our latest dates, therefore, from
Washington, are of Wednesday, and from New
York of Friday.

are reminded that only two weeks remain to those
districts which have not purchased libraries to do so in
compliance with the law. Such districts as neglectto at-
tend to this important concern before the first of Janua-
ry, will he d-prived of the appropriation hereafter-(ser
the law aid the circulars 01 the superintendent of com-
mon schools).
N. B.-Orders addressed to the subscriber for the libra-
ries recommended by the superintendent, or for such as
may be preferred by the districts, will be promptly execu-
ted. and every facility afforded to those who prt fer nma-
king their own selection. ERASTUS H. PEASE,
Bookseller and Stationer, 62 State street,
del4-d&c3t Albany.
T OTICE-T'he stockholders of the Farmers' Bank
.L ot Geneva are hereby notified that an election for
thirteen directors will be held at their basking liouse, in
the village of Geneva, on the 13'h January, 1840; also for
the election of three inspectors, to be chosen at the same
time: the poll will b, kept open from 10 A. M. to 4 P. M.
Geneva, Dec. llth, 1839, WM. K. STRONG,
dei4-d I tetd Cashier.
5 tons finished crow bars,
3 do churn drills,;
2 do dto do drafts,
10 do Sanderson's cast steel,
2 do Hoop L steel,
2 do Pick axes.
20 barrels safety fuse. For sale by

"rimHEBmTIn, ,CONFECT,JuNaAly &
North Market street, being now open for the public, the
subscriber is prepared to furnish at the shortest note,
BATj, for Ladies,
BATH, for Gentlemen,
esenimng amd dinner parties,
SUPPERS ANI DINNER S to individual or elns.
T'he Ladies' Bath% have an entrance frion Market st.,
at the south door, and one from Montgomery st., o(:po-
site the church, expressly for ladies, and is under thee im-
imediate charge of Mrs. BDriere.
The entrance to the Gentlemen's Baths is from Market
street, at the north door.
The Saloons in the second story are kept const;nitly
prepared for those who wish to give suppers and dittnei s.
oc25-3m J. P. BRAIkt l,;.
'PHE ]subscribers would respectfully inform their
IT friends and the public, that they have formed a co-
partnership as coal dealers, under ime firm of BELKNAP
& McKERCHER. They ara now prepared to supply
customers on the most favo able terms; they wi4l kt-ep
a constant supply of Lehiglh,Lackoa'anna, Peachl Moun-
tain, and the various kind& of coal in use. Also, t ig
Iron of various brands, Fire Brick, Sand an! Clay, it
the yard formerly occupied by IV. R. Morris & Co., nand
the late firm ofBelknap & Grotsbeck, No. 84 Pier.
pIANO FORTES-The subscriber havinZ bein
for many years engaged in the manufacture of Piitno
Fortes, ventures to say that he can produce instruments
equal in tone, touch and finish to any made in this city
or elsewhere. He would invite citizens and strangers
who intend to purchase, to call at his store and examine
tor themselves. All instruments warranted for one year.
95 State street, Albany,
jylO 6m 2d door below St. Peter's church.




IN CIANVERY-Before the
I third circuit-Phebe Bee
philas B. Beckman and MarT
vs. Sarah Jenkins, Theodor
the person and etate of Sar
dore H, Jenkins, Sarah M.J
and Cornelia his wife. Joh
kings, Robert S. Jenkins, Le
ter, de
Pursuant to the provisions
Inade and provided, and of an
eery made in the above entity
given to all persons having a
by judgment or decree on arny
in the lands and premises de
plaint in this cause and
of which a partition or sal
duee to me the undersigned,
court, residing in the vill
of Greene, on or before the
at 10 o'clock in the forenoon
of Athens, proof of all such
peetively, together with s
amount due thereon, specify
and incumbrances, and the d
premises are all situate, ly
udson, In the county of Co
1st. A house and lot on th
tween Third and Fourth stre
owned by Samuel Gamage, and
one hundred and t
2d. A house and lot on th
tween Third and Fourth stre
ly Hathaway, being fifty fee
twenty f
3d. A house and lot on the
Second and Third streets,
House," being fifty feet i
twenty f
4th. Two lots on the north
ond and Third streets, adjoi
fin's lot, being ninety feet
twenty f
5th. One lot on the north
ond and Third streets, adjo
House stables, being fifty f
twenty f
6th. A lot on the west side
third lot south of Warren st
four feet
7th, A lot on the west sid
Seth G. Macy, being a water l
front and extending back t
river, together with the priv
ed to t
8th A lot of land west and
church, and adjoining the same
in front on Alien st, arid fifth
tendingback at right angles w
9th. Three lots in the rear
corner of Third and Montgo
aide of Montgomery street,
five feet in front on Montgo
and twenty feet
10th. Two lots in thie rear
bed, being the first and their
the south side of Montgomery
five feet by one hundred and
feet by one hun
11th, Two lots on the south
the sixth and seventh lots
one hundred feet in front,
12th. All those lots on the
east of and adjoining the
one hundred and twenty feet
ten feet deep to
13ih One lot on the north
the third lot east of Fourth s
and onehundred an
14th. One lot on the south
the third lot west of Fifth st
and one hundred an
16th. Four lots on the nor
fifth, sixth, seventh and eig
and being two hundred feet i
twenty f
16th. All that tract of l.n
Pasture Lot, on the south sid
street, being four hundred a
ion and extending back across
low in the rear, comprising
17th. All that lot of land
State and Water streets, bei
back to the channel of the
on the north east corner of
thesaid lots were bid off at
way, de
18th. The equal, undivide
Walk Lot No. 3, being
Also the house and lot o
street, between Third and Fo
lot east of Third street, and
one hundred and
Also, the house and hlt on
being the third lot ewst of S
the 'Worth Lot," and being
hundred andtw
This description is intend
described lots, as the same
John Hathaway, eacceased, i
devisees since his death.
Theodore Miller, Solicito

AT a court of chancery hel
at the town oh Kingston, i
the twenty fifth of Novemb
dred and thirty nine-Prese
chancellor of th
Henry D. Varick, complain
Orlando C. Osborne, ar
It appearing by affidavitto
that the defendant Orlando C
state, but is a resident of ith
state of Pennsylvania-on mo
solicitor for thie complainant
Orlando C. Osborne cause hi
and notice thereof to be s
solicitor within four months
and in ease of his appear
totheeomplainant'sbill to be
be served on the complain
days after service ot' a copy
thereof, said bill ofcompla
by him: and it is furtherord
the said complainant cause
in the state paper and in th
and that said publication be
papers at least once in each
cession, or that lie cause a c
sonally served on the said
twenty days before the time

NO t IICE is hereby given, t
to the hon,.rable the legi
York, at its next session,
city of Rochester, for the p
them to borrow, on the cred
of twenty thousand dollars, p
taxes, and held in trust r

N OTICE-Application vill
of this state, at tihe ens
dent and Directors ofthe N
Turnpike Road Company, for
as limited by statute, for c
tion of their road, between
so ne point at or near the
North Hempstead, Nov. 15,
NOTICE is hereby given th
made to the Legislature
at its ensuing session, to a
May 25,1836, establishing t
ferry, foot of Atlantic stre
sixth ward, in the city of
straight line from the foot
same intersects the present
hundred feet westerly from
said water line, on a line
street, at Red Hook Point, as
said. Dated November, 6th

N OTICE is hereby given th
mmde to the Legislaiture
at its ensuing session for a
lantic DockCompany," with
thousand dollars, for the pur
and basin, for commercial u
to be located in the sixth w
Dated November 6th, 1839.
N o'rICrI is hereby given t
made to the legislature at
porate the Westchester Mar
of one hundred thousand do
OTICE is hereby given tha
to the legislature of this s
the relief of the heirs of E
town of Sodus deceased. D
1839. 99T6
OTICE is hereby give
Rail Road Company will a
this stale at their next ses
charter of said company, as
sion of the time originally
their rail road. 2d. For au
a pledge of their corporate
ted November

N OTICE-Application will
sion of the legislature of
an amendment to the char
Bridge Company, that the co
ter the bridge so as to affo
without lowering their masts
of the term of said char
'OTICE-The Hudson and
I pany hereby give notice
next legislature of the Stat
sion of the time to complete
of the state, by loan or oth
ny to complete their road and
blhities. Nov
S99T6 J. W.

OTICE in hereby given th

AT a court of chancery h
York, at the city of Ri
Monroe, on the seventh da
eight hundred and thirty-ni
ilesey, vice chancellor
WVilliami Constable, vs.
Vail and
It appearing by affidavit to
that the defendant James V
state, but within the Unite
territories thereof, or in
motion ot'f Mr. T. Burwvll, so
it is ordered, that the sai
appearance to be entered, an
ed on the comnlainant's s
from the date of this order
ancte, that lie cause his a
bill to be filed, and a copy
comjilainant's solicitor wit
a copy of said bill, and in de
taken as confessed by him;
that within twenty days,
this order to be published i
Buffalo Commercial Advert
said publication be continue
least once in each week for
or that he cause a copy or
served upon the said Jame
days before the tune above p
931,6 Copy. SA
AT a court of chancery held
S at the city of Albany, on
vember, ono thousand eight
Present, Reuben H. Wa
Alathea lHerrick,
It appearing byaffidavitto t
that there defendant Job Herri
but is a resident of one oft
the town of Lawrenceville
counsel for the comniplain. nt,
Job Herrickcause his appear
tice thereof to be served on
within four months from tihe
case of his appearance that
complainant's hill to be fil
served on the complainant's
after service of a copy ofssai
of said bill of complaint a
amnst him: and it is further
tays thie said comnplainanac
lished in the state paper and
+hat thtie said publicatisn
said papers, t least once
in succession, or that hle c
be personally served on th
twenty days before the time
0 S Villiams, Sol'r.

IN CHANCERY--before thi
Eighth circuit. At a cour
state of New- York. at the
second day of November, in
hundred and thirty-nine-Pr
vice chancellor of t
Russell H. Heywood, vs. T
sam, Madeline L. Kissam,
It appearing by affidavit to t
that the defendants Sherm
vens reside out of this state
the United States, to wit,
motion of It. Shumnway, of
it is ordered, that thv said
Stevens cause their appearan
thereof to be served on the
in four months from the date
their appearance, ',hat they
complainant's bill to be fil
served on the complainant's
after service of a copy of sa
said bill of complaint may b
and it is further ordered, th
complainant cause this order
paper and in the Buffalo C
.journal, and that the said
eachof the said papers, at
eight weeks in succession, o
order to be personally serv
vens and Marcia Stevens, a
the time above prescribed
97T8 SA
ST court oftlchancery held
atthe city of Rochester,
on the twenty-first day of
hundred and thirty-nine-P
sey, vice chancellor
Henry P. Darrow, vs. Par
ran, James Belles, Zalmon F
ais Emerson. Thomas J. Spr
William B. Storm, Georae (
rectors and Company of the
ded with Ahlanson P
It appearing by affidavitto
that the iefenidanis Park
James Bell's. Zalmon Fit
Emerson, Thomas J. Sprag
William B. Storm, and Geo
dents of the state of New Yo
United States or some of the
ihe said Parker Handy, Z
Lods in thie sta c of Ohio;
Thomas J. Sprague in the s
J. ames Belles atd WVilliarn B
sylvaniai; the said Jacob C.
son in the territory of Fl
Emerson in the state ol Ve
dent, Directors and Compan
aire an incorporation for b
thie laws oi and doing bu-in
motion of H Shumnway, oh co
it is ordered, that the sa
Wiliiami Cochran, Jamies Bell
Abel, Thomas Emerson, Wil
Lods, Mortimer F. Jolmhnson
'The President, Directors a
Sandusky, do cause their ap
notice thereof to be served
tor within four months from t
case of their appearance t
to the complainant's bill to
to be served on the complain
days after service of a copy
thereof said bill of complain
by the said defendants: and
within twenty days the said
der to be published in the s
Commercial Advte'rtis'r an
lished at Buffalo in the coun
publication be continued in
once in each week for eight
he cause acopy of this orde
the said defendants Park
.lames Belles, Zalmon Fit
Emerson, WVilliamA B. Stor
F, Joinson, Thomas J. Sprain
rectors and Comp-my of the
ing the same on thIe cashier
days before the time above


AT a court of'chancery hel
at the city of Rochester,
on the sei'enth day of Octob
dred and thirty-nine-Pres
vice chancellor of
Jos"phDl)art,Jr., vs. A
It appearing by affidavitto
that process of subpoena to
and under the seal of this c
dants, William WV. Fox,
Sard B. Watkinson, but tha
served on the defendants,
liam WV. Fox, by reason of
their places of residence, a
Edward B. Watkinson resides
resident of Hartford. in th
tion of Mr. T. Burwell, soli
is ordered, that said-Geo
WV. Fox cause their appearan
thereof to be served on the
in three months anid the
within four month' from t
case of their appearance, th
answer to the complainant's
thereof to be served on the c
in forty days after service
in default thereof said bil
by them; and it is further
days the said complainant ca
ed in the state paper, and
ser and Journal published at
location ie continued in each
once in each week, for eight
be cause a copy of this orde
each of said three de endants
thp time above prescrib
93T6 Copy. SAML

AT a court oft chancery he
at the city of Rochester,
the tourtecnth day of Octob
one. thousand eight hundred
Frederick Vhitlesey, vice c
Henry C. Atwater, Gibson
WV. Clark,
Itappearing by affidavitto
that the defendants Hercul
liams and Willia1m H. Dowe,
within the United States, or
thereof, or in one of the p
of Mr. Hiram Barton, solici o
ordered, that said defendant
appearance to be entered, an
on the complainants' solici
the dateof this order; and in
they cause their answer.to th
and a copy thereof to be ser
licitor within forty days af
bill; and in default thereof
taken as confessed by them, t
further ordered, that with
plainants cause this order to
per and In the Commercial
Buffao, and that the said
each of the said papers at
eight weeks in succession,
this order to be personally
at least twenty days before
for their app
Hiram Barton, Solicitor f
N CHANCERY-Before the
eighth circuit. At a cour
state of l'New ork at the ci
ty of Monroi:. on the seco
sand eight hundred and thi
%Vhittlesey, vice chancel
Edward Root, vs. Sheldo
David L. Hemp'stedJohn La
son, Morris Butler, assign
Dyer Tillinghast, receiver
Dougliss, William Thomas,
Douglas and
It appearing by affid-tvit to
that the defendants John E
au-i Walter Nichols reside ou

AT a court of chancery h
York, atthe city of Roche
roe, on the twenty-third d
eight hundred aindthirty-ni
tletsey, vice chancellor
Orange H Dibble, compla
son, Edwardni Vernon,
It appearing by affidavit to
that thIe defendants John J
mons reside within this sta;
sued in thiscause, could no
son of their continued aosen
dence-on motion of Mr. Be
the complainant, it is ord
Henry and Butler Sinmnons c
entered, and notice thereof
ant's solicitor within three
order; and in caseoftheir
their answer to the complain
copy thereof to be served on
within forty d(lays after servi
in default thereof said bill
confessedby John Joseph H
and it is further ordered, h
complainant cause this order
paper, and in tihe New York
said publication be continue
at leastonce in each week
sion, or that hlie cause a cop
ally served on the said def
before the time above pres
9ST8 Copy. SA
g:The New-York Evening
above, amid charge B. It. A
second ci cuit. Platt T.
complainants, vs. Richard T
others, d
Pursuant to thie provisions
made aid provided, and of a
the above entitled cause, n
persons h;iving any general
undivided interest or share
bill of complaint, and here
partition or salh, is sought
judgment or decree, to prod
eleventh day ofJanuary next
of Riverhead in the county
ly of all such their liens or
dua thereon, and that they s
ncumbrance and 7th dates t
described in said bill as fol
certain tract, piece or p.tcel
of Southold in the county
the manor, and bound'-i aq
partly by the land late o
partly by thelaind of Platt
highway, we,teily partly b
hill and partly by the land
and Albert Tuthill, north
Sound and partly by the lan
easterly by land belonging t
deceased, the lands of Alan
gins, the land late of tie s
and ;he land oh the said P
estinmaion five hundred acr
Dated at Suffolk Cc,art

AT a court oftchancery hel
at the city of New ork
November, one tho-sand eig
-Present, William T. MeCo
first c
Elias H. fTerrick, vs. Ch
liam Lyman, and others.
Itappearinrg upon proof by
that W illiam Lyman, one o
sides out of this sta e, and
the province of Lower Can
said affidavit, and on motion
solicitor for the complain
said defendant William Lym
be entered herein, and notice
complainant's solicitor wi
date of this order, and in
hlie cause his answer to the c
and a copy thereof to be ser
licitor within forty days af
bill, and :hat in default th
be takenas confessed by hi
ed, that within twenty days
the saili complainant cause
in the state paper, and in
Evening Post, printed in the
weeks in succession and o
or that the said complainan
to be served on the said
personally, at least twt-nty
before prescribed for his
no27-8w HIRAM

A T a court of chancery hel
at the city of Utica, on t
ber one thousand eight hu
sent, Philo Gridley, vice cha
Hentry V\ ager, vs. Tho
It appearing byaffidavit to t
that the defendant Thomas G
state, and in oneof theUnite
of Illinois-on motion of Be
for the complainant, it ia o
Gilbert cause hiis appearance
thereof to be served on the c
tour months from the d(late o
his appearance that lie ca
plainant's bill to be filed, a
on the complainant's solicit
service of a copy of said bil
the said bill be take n as co
other ordered, that within
plainani cause this order to
per and in the Rome Sentin
Oneida, andthat thIe said
each ofthe said papers at
eight weeks in succession,
this order to be personal
Gilbert, at least twenty da
scribed for his ap
_B. P. Johnson, Sol'r.

AT a court chancery held
at tire city of Rochester,
in the twenty-fourth (lay of
Lord, one thousand eight h
sent, Frederick WVhittlesey,
Allen M. Sherman, adminiA
'ott, adminilstratrix of1 he
ceasd, complainants, vs.
tin, Ezra Harwood. Marv ll
Walter Hf. i)unhlar, Hosea
Jo-eph C. Mors
It appearing by aflidavit to
that the defendantsJeptha
Walter H. )Dunbar, reside ou
sidens of the United Sta
Sherman,soli.itor for the
that thIe said Jeptha IHewit
ter HI. Dunbar cause their a
notice thereof to be served
torwithin four months frorn
in case of their appearance,
to the complainants' bill to
be served on the complainant
days after service of a copy
thereof,said bill of compla
iy them: and it is further
days the said complainantsca
ed inthestate paper and in t
lished at Bataivia in the cou
publication be continuedin ea
once in each week for eig
that they cause a copy of
served on said Jeptna Hew
\Valt, r H. Dunbar, at least
above prescribed for th
97 1'SL8 S L
AT acourl ol'chancery neld t
at the city of New York,
of October, one thousand ei
-Present, Reuben H.
Joseph Fellows, vs. Ja
It appearing upon proof bya
by Bowen Whiting, that Joh
his wife, reside out of thi
the state of Ohio or Illinoi
and on motion of Julius Rh
said comnplainant, it is ord
Langstaff and Delilah his wi
be entered herein, and notic
complainant's solicitor, w
date of this order, and in c
they cause their answer' to th
and a copy thereofl'to be ser
licitor within forty days af
bill, and that in defaultther
taken as confessed by them;
that within twentydays front
said coniplahinant cause t
the state paper and in a pa
eight weeks in succession, a
or thatlthe said complainant
to beserved on the said Jo
Ihis wife, personally at le
time herein before presc

I 'J a court of chancery
] York, at the city of N
of November, one thousand
nine-Present, William T.
the first
William Van Voorhis,vs. H
P. Rolfe,
It appearing by affidavit to t
that the defendants, Hane
Stephen B. Barker, George F
John V. Prince, Bateinan L
jan Munn, Ira Atkins and Pe
ofthis state and withiin ti
thew WV. P. Keeler, Orrin
and Catharine Cogswell, dlet
be served with process of su
son of their concealment wit
John P. Rolfe, ol counsel fo
ordered, that the said defend
to be entered, and notice th
plainant's solicitor within
this order: and it is further
ty days the complainant shal
lished in the state paper, a
and Nassau Gazette, lfor at
eight weeks in succession,
this order to be personally
defendants, at least twenty d
ed f r their apl)
Oi99TS H I
A T a court ofchancory he
at the city of Rochester
November, one thousand eig
-Present, Frederick Whittl
Oliver Secor, vs. William
Clark Camp, Walter H. Smi
It appearing to the satisfac
liaim H. V ice, residesout of
United States, to wit, in t
lion ofSelleck Bougmiton, sol
complainant, it is ordered,
cause his appearance to be ent
served I x0 1 ic'.Ou i.pl i'r ',u
itomin thedate oftfhisorder,
that he cause his answer to
filed, and a copy ther,'of t
ant's solicitor within forty
of said bill, and in default
may be taken as confessed
ordered, that within twent
cause this order to be public
the Rochester Democrat, pr
roe, and that the said publ
of the said papers at least
weeks in succession, or that
der to be personally served
liam H1. Rice, at least twen
prescribed for his a
S. Boughton, Sol'r.

AT a court of chancery hel
at the city of Rochester, i
the fifteenith (lay of Nove
dred and thirty-nine-Pres
vice-chancellor of
Trumbull Cary, vs. Samue
It appearing by affidavit
court, that the defendant J
this siate, but within the
the territories thereof, or
ada-on motion of Mi. James
complainant, it is ordered,
cause his appearance to be e
he served on the complain
months from the date of this
pearance that he cause his

bill to be filed, and a copy
complainant's solicitor with
a copy of said bill; and in
complaint may be taken as
further ordered, that within
plainant cause this order to
per and in a newspaper pub
said publication be continue
at least once in each week f
or that hlie cause a copy of
served on the said Joel VW.
before the time above press
ITS Copy. 8AM
T a court of chancery h
iPI. York, atthecity ofRoche
roe,4in the fifteenth day of
hundred and thirty-nine-Pr
vice chancellor of
Daniel Fisher, vs.
It appearing by affidavit to
that the defendants Stephe
lock reside out of this state,
or some one of the territory
provinces of Canada-on mo
nrill, solicitor for the compla
Stephen V. Bat s a:ind Gilber
ance ti be entered, and not
the complainant's solicitor
date of this order, and in c
they cause their answer to
filed, and a copy thereof t
ant's solicitor within forty
of said bill, and in default t
may be taken as confessed by
dered, that within twenty da
this order to be published
paper published at Ba'avia,
thie said publication be cont
pers at least once in each
cession, or that ha cause a
sonallyserved on said Steph
lock, at least twenty days

AT a court of chancery lie
at thecity of New York,
October, one thousand eight
Present, Reuben H. W
The American Life Insuran
Samuel Capen, Sophia his
Samuel Jennings, Samson
Converse, Edwari Bissell,
port Bank and Ly
It appearing upon proof by
,y Leader Babcock, ohlicitor
Samuel Capen, Sophia his
Edward Bissell, defendants
state, and are residentsof t
ing and filing said affidav
cock, esq., solicitor for the
that the said Samuel Cape
Jcnnings and Edward Bissell
entered herein, and no: ice
complainants' solicitor with
of this order, and in case o
cause their answer to the co
anda copy thereof to be serve
licitor within forty days af
bill, and that4n default their
be taken as confessed by
dered, thanit within twenty da
in the statepaper and in th
in this state, for eight week
least in each week, or that
copy of this order to be
Capen, Sophia his wife, S
Bissell, personally, at leas
herein before specified f
93T8 Copy. JOHN M

f HE oeopl of the state
1 tors and next ol kin of
of Somerset in the
Whereas, Smith Darling, a
North, administratrix, of t
dits of the said Gad North,
during an account of all thr
istrators, and of having the
our surrogate of our county
to our siid surrogate for a
persons interested in the es
attend the said settlemen
therefore hereby required an
(ore our said surrogate, at h
county, on the fourt,-enth da
rhe final settlement of the
In testimony whereof, we ha
of our said surrogate t
[L. S.1 I Witoess, Joseph C. M
said county of Niazara,
day of Oct
87T3m J
T HE people of the state
1 Peck, Ruth Ackley, Alva
of Blenheim, Schoharie cou
place of residence cannot
Peck, of Roxhury, Delaware
of _Milford, Otsego county
loosa, Alabama; Andrew T.
ofPorn Gibson, Ontario cou
wood, of the town and count
dian for Charles Kent, Ma
George Kent, of Rochester,
T. More, of Roxbury. Dela
dian for Jobhn Peck and Davi
town of Roxbury, widow, he
Peck, late of Blenheim in :
On application of William
are hereby cited and require
before our surrogate of our
surrogate'ws omeo in tne town
the thirteeunth day of Janu
the forenoon of that day, to -
will and testament of the sl
relates to real an
In testimony whereof, we h
fice of our said surrogat
L. S. Witness, Jacob Houc
county, at Schoharie,
THE people of the state
of kin and heirs at law
the town of Greenburgh in t
state of New York, decease
and Catharine Kemble, of
aforesaiit; Robert Kemble,
tile, Emily Kemlble, Willi
Edward Kemble, residing in
Acosta, the wife of Joach
America: Frederick Kemble
Jessy Hamilton, the wife of
Liverpool, England; and to
of W hits Plains, in the co
of New York, special gua

Kemble, who is a minor, an
send gr
Whereas, Nathaniel Bayle
burgh in the county of West
and appointed in thie last wi
Maria Philips, deceased, has
gate of said county to have
ting, bearing date the seven
purporting to dispose of re
proved as thie last will and
ips, deceased, in pursuance
made and provided: you and
cited and required pemsonall
said surrogate, at his office
in the county of Westchester
ary next, at ten o'clock in t
and thereto attend to the p
In testimony whereof, we ha
of our said surrogate of
ter to be hereunto aff
[L. S.] Ward, surrogate of
White Plains, the eight
in the year of our Lord
dred and thirty-nine,an

'THIE people of [he state
I kin and heirs at law of
t the town of Homer, in th
_ ed. and especially to William
, cinity of -rei Buay, Brow
ry; to Andrew Dickson,
Powell and Charles Powell, r
Slandville, in the county o
York, and to all others w
Whereas, Hlenry Gr gory, o
in the last will nnd testa
Powell, deceased, hI-s this
probate, before the surroga
You are thert fore hereby cit
surrogate, at his office in t
county of Cortland, on the
ry next, at one o'clock ir t
attend the proof of said will,
Given under the hand and of
[L. S.] gate, at Cortland Vil
day]of Nov
TlIHE people of the state
Cary, Elizabeth Cary, Ca

J'O tIhe Judges of thecou
for the county of Cortla
Holmes, of thle town of Tru
respectfully sheweth, tha
wilhli J :icob Holmnes, of Trux
Holmes, of the town of Sol
land, and Abigail Ayres, t
the town of Truxton abforesa
town of Carroll, in the cou
el Holmes, who resides in t
place of residence in said
titioner, and Lydia Newton,
who also resides in the stat
residence in said state is
aI)d James Holmnes whose pl
to your petitioner, and
Squares, Linus Squares,
Squares, junior, Lydia Squ
rah Squares, lannah Squa
the town of Fabius, in the c
Holmes of Truxton, afores
session of c.2rtain lands to
uate. lying and being on lot
town of Truxton, inii the co
ed on the north by lands o
Peter Bliss, on the west by
ni Holmes and Oliver M. She
iver M. Shed and John Pierce
Eben'zer Bryant and John Pi
ty aforesaid, as tenants i
tenements, your petitione-r,
Benjamin Hoihnes, Abigail
John Holmes. Israel Holmes,
jah Newton, James Holmes
each an estate in fee, i4 o
of the same premises, and the s
an estate for his own life as
undivided part of said premi
band of Joanna Squares now
tin Squares, Linus Squares
Squares, jr., Lydia Squar
Squares, Hannah Squares,
each entitled to one-ninth o
mises in fee, afterthedeath
their father, who is entitle
And your petitioner being of
sion and partition of said p
spective rights of the parties
a sale of the said premises if
tion thereof cannot be made
the owners; and also that c
ed to make partition of the
the form of the statute in
Dated this 11th d
Wm.H. Simnkland, A
Cortland county, ss. Beno
petitioner, being duly swo
the matters contained in the
the best of this deponent's
belief; and further say
Subscribed and sworn before
1839. J. De Puy Fr
To Jacob Holimnes, Benja
Israel Holmes, James Holmn
ny Ayres, -Elijah Newton
Jonathan Squares, Austin S
son Squares Jonathan Squares
phen Squares, Sarah Squar
Squares, and all others unk
int-restin the premises des
and Cale
Please take notice, that
is a copy, will be presented
conitmmon pleas, of the count
holden at the Court House,
Tuesday of February next, at
of that day, or as soon their e
and that an application wi
said court for the appoint
ant to the prayer of the said
of June, 1839
WM. H. S

BY order of the hon. Step
the county courts of the
gree of counsellor in the su
by given, that an attachmen
tate of BENJAMIN C. S
of the town of Tioga in s
sconding or concealed debt
said firstjudge, pursuant to
concerning attaclmineuts ;ig
or non-resident debtors, an
for the payment of his debts
C. Schoonover appear and
according to law, within tbre
location of this notice; a
debt*, and the delivery of a
s. ld debtor, to him or for hi
property by hinm, for any p
den by law and are void.
lT3m Attorne
N\ order ol tIe hon. Jaco
court of common picas of
notice is hereby given, th
against the estate of
or late ofthe town of Westf
scondingor concealed debto
said judge, pursuant to the d
cerning attachments against
nonresident debtors, and that
payment of his debts, unule
Johnson, appear and dischar
ing to law, within three mo
tion oftthis notice; and that
and the delivery of any pro
debtor, to him or for his u
property by him, for any pu
den by law and are void.
i'l 3m Attorm
BY order of the hon. Cha
SGenesee county courts, a
preme court, notice is here
has issued against thees
late of the town of Batavia
absconding debtor, on due p
pursuant to the directions
tachments against abscondi
dent debtors, and that the s
ment of her debts, unless s
attachment, according to la
the first publication of this
of any debt, and the delive
to the said debtor, to her o
fer of any property by her
are forbidden by law and a
lT3m Attorne

BY order of the hon. Al x
leans county courts, and
court, noticelis hereby give
sued against the estate
orlate of the lown of Gain
and state of New York, a
debtor, on due proof mad
pursuant to the directions
tachments against abscond
dent debtors, and that the
paymentof his debts, unles
nett, appear and discharge

N Chancery.-At a court of
Sof New York at Auburn, o
October, in the year one t
tihirty-nine,--Present, Dani
of the seve
William H. Coffin vs Joh
Wing Taber, Stephen H. Pie
tors and company of the Cay
dent, directors and company
Oswego, Joseph T. Pituey,
James Albr.t, John WV. Hoy
St. John, George Wither
Richard Steele, Royal Stewa
vor, &c., Lucius A.: Chee
Henry H. Panton, Charles E
Benjamin F. Phelps, Ralph C
Peck, William B. Walton.
Stewart, Henry H. El'iot,
Cossit arid Oliv r Strong,
West, administratrix, &c.
New York life insurance a
D Hudson, th'. Auburn and
thie president directors and
burn. John C Beach, Willia
Freeborn G. Jewett and Davi
last wiil and testament of J
limn Brooks, Israel F. Tu
Channcey B. Wall, Willet
nius H Hatch, Eli S. Presco
M. Gould, Theodore S. Drap
Robert Muir, George
It appearing by affidavit to
that the above defendants
therell, William Beach, Wi
Hatch, reside out of this
States, or some of the terri
P. G. Clark, the sohlicitorof
that the said defendants cau
tered.and notice thereof to b
solicitor within four months
and in case of their appear
swer to the comnplainant's bil
of to be served on the compla
ty days after service ofa cop
thereof said bill of complain
by them: And it.is further
days the said complainant ca
ed in the state paper and C
publication be continued in
once in each week for eight
hlie cause a; copy of this ord
the said John Seymour, Geor
VWilliam Brooks, and Juniu
days before the time above
97T'8 (Signed)
A 'L a court of cliancery l
York, at the city of Utic
vember, one thousand eigh
Present, Philo Gridley, vi
Abraham P. Grant, vs. Joh
The President, Directors
It appearing by affidavitto
that! the defendants John
reside out of this state, bu
United States, to w't, the s
of Michigan, and the said C
of Virginia, and that the d
rectors and Company <,f t
body corporate, created by t
located and doing business o
state of Michigan-,. n motion
ci'or for1be said,',ootr, lat a
John Allen, Charles McClun
tors and Company of the Ba
apptearanccto bceatereJ, an
on tihe complainant's solic
the date ol'fthis order, and
thiatthey cause their answer
be filed, anid at copy their
plainant'ssrticitor within
copy ofsaid biil, and in def
plaint may be taken as con
t'urtlier ordered, that with
pilaiiiantcause this order t
paper and in the Oswego C
said publication be continue
at least once in each week
sion, or that he cause a co
.oo;illv served on the said
and The President, Directo
of Michigan, at least twent
nrer'rihe for their
97T8 J. WAT

AT court ofchancerylie
atthe town ofPoughikeepsi
ess, on the twenty see nd day
thousand eight hundred and
H. Ruggles, vice chancel
Henry 1). Vari' k, compla
George Burroughs, The N
Henschf n,
It appearing, by affidavit to
that thie defendant George B
stat-, but w thin the Unit d
of Connecticut; that The
ration, or body politi-, whose
ness is out of this state, to
cut, and that none of the offi
this state upon whom prices
be legally served; and it fur
the satisfactionti of this court
been issued out of and under'
ted to the defendant Herma
sident of this state, but th
serve d on him by reason of
&c.-on reading and filing s
of Egbert Q. E dridge. solici
ordered, that the said Get.
Toe New Haven Bank, cause
tered herein, and notice the
plainant's solicitor, within
this order; and that the sa
his appearance to be entered
to be served on the complain
months from the date f th
appearance of any of thin no
ants, that they caust their
bill to be filed and a copy th
plainant's solicitor, within
copy of said bill and notic
default thereof, said bill o
confessed by them: and it is
twenty days irom the date o
plainant cause this order to
per, and in the Poughikeeps
state, for eight weeks in su
each week, or that the said
this order to be served on t
sonally at least twenty days
scribed for their
E. Q. Eldridge, Solicit


N TOTICE is hereby given to
SL against Luke White, lat
in the county of S'. Lawren
required to exhibit the same
to the undersigned, admiuis
at the houseot one o'tnem,
*on or before the twentieth
ted June 14th, 1839.
PURSUANT to anr order o
of the county of St. Lawre
en to all persons who have
late of the town of Canton
exhibit the same with the
seph Ames, administrator of
said deceased, at the dwelli
tor, at Canton in said count
day of December next. Date
UKRnUAN'T to aim order o
ofthe county of St. Lawr
en to .11 persons who have
)ate of the town of Massena
ext.itit the same with the v
Phillips, administiat r, &c.
town, oflass,:na aforesaid,
day ofDecember next.
PURSUANT to an order of t
S ty of Erie, notice is her
ving claims against the est
deceased, to exhibit the sam
to the administrator on said c
In, on or before the second
Dated Jui
69T6m of William
UR SUANTto au order of J
gate of D:tehess county,
all persons having c aims a
LOCKWOOD lateof the town
county, deceased, are require
the vouch, rs thltreof, to the
-st.ate, 4t their places of r
keepsie, in the,'ounty of Du
day of March next. or in d
will be debarrt d and precl
ecutors out of said estate.
teminber, 1839.
83T6m Execut
URSUANT to an order of
rogate of Dutchess count
that allpersons having claims
De Lavergne, late of the to
ty. deceased, are required
vouchers thereof, to them,
tors of said estate, at their
coun y, in the town ofrAne
teenth day of April next, o
claims will be debarred an
said administrators out of
day of October, 1839.
F9T6m Administ
T lE people of the state o
God free and independent
ta, Livingston county, New
same place; Jesse Collar,
Michiean; Lewis Collar, of
New York; Sarah, wife of
sui, Livingston county, Ne
WVillianm Anderson, of Spri
heirs of Thomas Collar, ldte
ed, send
You and each of you are he
sonally to be and appear befo
ty )fLivingston, at his orti
the twentieth day of January
forenoon of that day, then
a certain instrumentin writi
will and testament of the
Sparta in said county of L
not be proved and recorded a
estate, on the application o
ested in the same as son
In testimony whereof, we ha
of said surrogate to be
ness, Benjamin F. Angel
[L. S.] said county, at the
day of December, in th
thousand eight hundred
our independence
5T6 B

AT a eCurt ot'chiancery hel
at the city of Rochester,
on the twenty-second day of
hundred and titirty-nine-Pre
vice chianielloroft
Orrin H. Lawrence, comp
Dunbar, Daniel Gilbert, Le
and Charles R. Swords, a
Itappearing by affidavit to t
that the defendants Chaunc
bert, Levi Marsh and Hlenry
state, but within the Uni
Chauncoy B. Dunbar and He
oh Michigan; the said Levi
necticut; and he said ).iniel
nois; and that process of s
in this e use ha-t been dul
e,,culd not be served upon the
who re idei in this state, by
froin-on motion of W. Riley
plainant, it is ordered, t
bar, Daniel Gilbert, Levi
cause their appearance to be
to be served on the complain
months from the date of t,
Cl)aries R. Swords cause hi
and notice thereofto be ser
licitor within three month
and in case of their appea
answer to the complainant's
thereof to be served on the c
in forty daysafter service o
defaultthereof, said bill o
confessed bythe:r: and it is
twenty days, the said comp
he published in the state p
crat, published in the coun
publication Ie continued i
least once in each week for
orthat because a copy of
served'on the said Chauncey
Levi Marsh, Henry F. Peito
least twenty days before th
'heir appear
WV. Riley Snmith, Solici

BY order of hon. Grove La
county of Onondaga, counts
by given, according to the
authorizing attachments again
-a.in attachment has issued
that thesamne willbe sold
unless lie appear and discha
ing to law, within three mo
tion of this notice; and t
and the delivery of any pro
debtor to hiM or to his use,
perty by him, for any pur
den by law and are void. D
ber, 1839. LEAVEN
9'T3im Attorney
Y order of John Crane, es
Bsioner, notice is hereby
visions of the statute auth
non-resident debtors, that
against the estate of JOSE
tant of this started, a non-res
Grove in Pennsylvania, or e
will be sold for the payment
and discharge such attachme
nine mon'htfrom the first pu
that the payment of any de
property belonging to such
and the transfer ofany prop
whatever,are forbidden by
9th 'lay oflApil 189.
37T9m Attorne
BYurd, rofthlie lion. Jost
commi sioner residing i
que, notice is hereby given
sued against the estate
a non-r sident deltor, and
for the payment of his debt
charge such attachment ac
months from the first pub
that the paymnient of any d.
of this state, and the deliv
any properly within this sta
transfer of any such proper
law andaro void. D
R. P M
59T9m Attorne
V order of the hon. Elial
county courts of Chaut
heresy given, that an attah
estate ot ELIJAH DEVfRE
or, and that the same will b
debts, unless he appear and
according to law, within
publication of this notice
dehts due to himn by resident
ery to him or for his use,
state belonging to him, and
perty by him. are forbidden
Jamestown, N. Y.
67T9iOm Attorneys
VY order of the hlion. Danie
i tfe sevec.th circuit, not
SEPH RUSSEL,and all others
an attachment has been is-ue
riffof the county ofOnondag
said Josepl Russel, as a no
the same will he sold for the
he appear and discharge su
law, within nine months from
notice; and that the payment
residents of this state, and
use of any property within
and the transfer of any su
bidden by law and are vo
67T9m Attorn
BY order ot the hon. Davi
ofObwego county courts,
supreme court, notice is he
prov sions of the statute
against non-resident debtors
sued against the estate
a resident of the state of
be sold for the payment of
and discharge such attachme
nine months from the first pu
that the payment of any debt
this state, and the delivery
property within this state
transfer of any such proper
law and are void. D
6)T9m Attorne
Y order of the hon. Villi
tthe couit of common ple
see and st..te of New York.
suant to the provisions of t
iments against t non-resident
has )ssued against th, e
a resident of Vicksburgh in th
that the same will be sold t
unless he appear and dischar
to law, within nine months f
this notice; and that the p
byresidents ofthis state, a
his use, of any property wi
him, and the transfer ofan
forbidden by law and are
F. C. D
9T9'JI Attorney
Y order of the hon. Dyre
Commissioner, notice is
tachmenrit has issued against
LER, a non-resident debtor
sold fortthe payment of his
discharge such attachment
nine months from the first
and that the paymnient of a
sidentsofthis state, and th
use, of any property within
and thetransfer of any such
den by law a
71T9m E
BY order of the hon. Da
court commissioner, notic
at.tacimnlt rias issued aa
POT FER, late of the to
Genesee, an absconding or
proof made to the said su
borsuant to the directions o
rta.*hmhit n.geitlst abscon
dentdebtors,and that the sa
,ent oflhisdebts,uuleis he
pear and discharge such atac
in three Dionrllk t''if the tir
smiti i' tihe payinment om
any property belonging to ti
hi.',aau, and thi trundier o
purpose whatver, are forbi
l)uted Nov. 18th, 1839.
1T3ma Atto~rney