Preamble and resolutions, in relation to specie payments in the state of Kentucky. Preamble and resolutions, in relation to specie payments in the state of Virginia. Attest: GID. M. AYRES, Clerk. The Speaker signed the above enroled bills and resolutions. On motion of Mr. Nash, The Senate adjourned. Attest: THOMAS J. MORGAN, Clerk. SATURDAY, JANUARY 22, 1842. The Senate met pursuant to adjournment. : Mr. Nash presented the following petitions; which were A remonstrance from 97 citizens, of Portsmouth, against the passage of the bill to amend the charter of the Portsmouth Dry Dock and Steamboat Basin Company; A remonstrance from 124 citizens, of the county of Scioto, against the passage of the same bill; A remonstrance from 103 citizens, of Portsmouth, against the saine; A remonstrance from 115 citizens, of the county of Ross, against the same; A remonstrance from 68 citizens, of the county of Pike, against the same; A remonstrance from 55 citizens, of Portsmouth, against the same. Mr. Wade presented the following petitions; which were Referred to the standing committee on the Judiciary, to wit: A petition from citizens of Jefferson, in the State of Ohio, for the. repeal of the law prohibiting blacks and mulattoes from bearing testimony in certain cases; A petition from citizens of the same place, for a law securing to every human being a trial by jury in cases wherein liberty is concerned; A petition from citizens of the same place, for the repeal of the law relating to fugitives from labor, or service of other States; A petition from citizens of the same place, for a modification of the school laws in relation to blacks and mulattoes; A petition from citizens of the same place, for a law making towns and cities liable for damages done by mobs. Mr. Taylor presented a remonstrance from citizens of Fallsbury township, in the county of Licking, against any legislation with regard to school districts in said township; which was Referred to the standing committee on Schools and School Lands. Mr. Sill presented a memorial from a committee of the Western Literary Institute and College of Professional Teachers; which was laid on the table. Mr. Walton, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 70, to authorize the executor of the estate of Robert McConnell to convey certain lots, in the town of McConnelsville, and for other purposes, reported the same back without amendment, and recommended its engrossment for the third reading on Monday next; which was agreed to. Mr. Bartley, from the standing committee on the Judiciary, to which was referred so much of the late report of the Directors and Warden of the Ohio Penitentiary as relates to the payment of the costs of conviction and transportation of prisoners, made the followreport, and asked leave to be discharged from the further consideration of the subject: The standing committee on the Judiciary, to whom was committed so much of the late report of the Directors and Warden of the Ohio Penitentiary, as relates to the payment of the costs of conviction and transportation of prisoners, have had the same under conside ration and now report: The committee cannot conceive how "injustice" can be done to the state in the particular complained of, unless it be by the extravagant and illegal taxation of costs. And, although this may occasionally occur, either through the mistake or dishonesty of the sheriff and clerk of the court, yet the existing laws afford ample remedy against this evil. And it is the duty of the Warden of the Penitentiary, where he has reason to suspect that the state has been thus imposed upon, either to inquire into the matter himself, or call upon the prosecuting attorney of the proper county, whose duty it is made by law, to protect the interests of the state in this particular. It is suggested that the counties should be required to refund to the state the costs of conviction and transportation, in cases where prisoners are discharged from the penitentiary, upon a reversal of the proceedings of the common pleas, upon writ of error by the supreme court. The costs in such cases have to be paid; and they would be felt more severely by the counties than by the state. These costs accrue in causes instituted by the authority of the state, and in the name and on behalf of the state, and not by the authority, or in the name, or on behalf of any county. The state, therefore, upon the decision of a writ of error in such cases, is the failing party, and should be responsible for the costs. The error, upon which the proceedings are reversed, is the error of the judges of the court--officers elected by the state, and not by the county. No county ought to be wade responsible for the errors of state officers. To compel a county, therefore, to refund the costs, where the proceedings are reversed upon the error of the court, would be to make the counties responsible for the errors of officers, over whom the counties have no con trol, and whose appointment and removal from office is left entirely to the state authorities. The committee, therefore, ask to be discharged from the further consideration of the subject. On motion of Mr. Bartley, The report was laid upon the table. Mr. Bartley, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 67, to regulate the mode of collecting debts against turnpike companies, in which the State is a stockholder, reported the same back without amendment, and recommended the engrossment of the bill. Mr. Nash moved to recommit the bill to the commitee that reported it, with instructions to so amend the bill, that in cases where the State is in arrear for unpaid subscriptions on behalf of the State, the company, to which the State is so in arrear, shall retain the portion of tolls coming to the State, and apply the same to the liquidating of State subscriptions to such company. Mr. Taylor called for a division of the question; which turning on recommitting the bill to the committee which reported it, Mr. Ford demanded the yeas and nays; which being ordered, were, yeas 12, nays 20, as follows, to wit: Yeas-Messrs. Barnett, Clark, Hazeltine, Latham, MeConnell, Nash, Perkins, Ritchey, Sill, Stanton, Thomas, and Waddle-12. Nays-Messrs. Aten, Bartley, Crowell, Ford, Foos, Godman, Goodin, Harris, Henderson, Hostetter, Mitchell, Ream, Robbins, Root, Spangler, Taylor, Van Vorhes, Wade, Walton, and Speak er-20. So the motion was lost. Mr. Hazeltine moved to recommit the bill to a select committee of three, with instructions so to amend the bill as to apply the State's proportion of dividends to the payment of debts against such companies as have acted honestly, and in good faith, and that now have good and valid claims against the State for stock subscribed, and still remaining unpaid to the amount of such indebtedness of the State. Mr. Ford called for a division of the question, and it turning on recommitting, Mr. Spangler demanded the yeas and nays; which were ordered, and were, yeas 11, nays 21, as follows, to wit: Yeas-Messrs. Barnett, Clark, Hazeltine, Latham, McConnell, Nash, Perkins, Ritchey, Sill, Stanton, and Thomas-11. Nays-Messrs. Aten, Bartley, Crowell, Ford, Foos, Godman, Goodin, Harris, Henderson, Hostetter. Mitchell, Ream, Robbins, Root, Spangler, Taylor, Van Vorhes, Wade, Waddle, Walton, and Speaker-21. So the Senate refused to recommit the bill. Mr. Barnett moved to amend the bill, as follows: Section one, line seven, after the word "road," strike out all to the word "and" in the ninth line; upon which motion, Mr. Ford demanded the yeas and nays; which being ordered, were, yeas 10, nays 21, as follows, to wit: Yeas-Messrs. Barnett, Clark, Hazeltine, Latham, McConnell, Perkins, Ritchey, Sill, Stanton, and Thomas-10. Nays-Messrs. Aten, Bartley, Ford, Foos, Godman, Goodin, Harris, Henderson, Hostetter, Mitchell, Nash, Ream, Robbins, Root, Spangler, Taylor, Van Vorhes, Wade, Waddle, Walton, and *Speaker-21.1 So the amendment was rejected. Mr. Hazeltine moved to lay the bill on the table; upon which motton, Mr. Spangler demanded the yeas and nays; which being ordered, were, yeas 11, nays 20, as follows, to wit: Yeas-Messrs. Barnett, Hazeltine, Latham, McConnell, Nash, Perkins, Ream, Ritchey, Sill, Stanton, and Thomas-11. Nays-Messrs. Aten, Bartley, Clark, Ford, Foos, Godman, Goodin, Haris, Henderson, Hostetter, Mitchell, Robbins, Raot, Spangler, Taylor, Van Vorhes, Wade, Waddle, Walton, and Speaker-20. So the motion was lost. The question then being on ordering the bill to be engrossed for its third reading, the yeas and nays were demanded, and being ordered, were, yeas 23, nays 9, as follows, to wit: Yeas-Messrs. Aten, Bartley, Clark, Crowell, Ford, Foos, Godman, Goodin, Harris, Hazeltine, Henderson, Hostetter, Mitchell, Ream, Robbins, Root, Spangler, Taylor, Van Vorhes, Wade, Waddle, Walton, and Speaker-23. Nays-Messrs. Barnett, Latham, McConnell, Nash, Perkins, Ritchey, Sill, Stanton, and Thomas-9. So the bill was ordered to be engrossed for its third reading on Monday next. Mr. Ritchey, from the standing cemmittee on New Counties, to which was referred the bill (H. No. 44,) to confirm and establish the seat of justice for Williams county, reported back the same without amendment, and it was ordered to its third reading on Monday. Mr. Hostetter, from the select committee on that subject, reported a bill, (S. No. 84,) to provide for the election of directors of the poor; which was read the first time. Mr. Latham, from the select committee on that subject, reported a bill (S. No. 85.) to incorporate the town of Bourneville; which was read the first time. Mr. Van Vorhes, from the select committee on that subject, reported a bill (S. No. 86,) to incorporate the First Cumberland Presbyterian Church of Alexander, in the county of Athens; which was read the first time. The following bills were read the second time, committed to a committee of the whole Senate, and made the order of the day for this day, to wit: S. No. 79; A bill to incorporate the Trustees of the Ohio Wesleyan University; S. No. 80; A bill to lay out and establish a graded State road in the counties of Morgan and Muskingum; S. No. 81; A bill to appropriate a portion of the Literary Fund to the Monroe Acadamy; S. No. 82; A bill to incorporate the Wardens and Vestry of Trinity Church, in Toledo, Lucas county; S. No. 83; A bill to amend the act entitled "an act for the appointment of guardians," passed February 6, 1824; H. No. 76; A bill to repeal the act incorporating the town of Hillsborough, in the county of Highland; H. No. 77; A bill for the relief of William H. Hamilton; H. No. 69; A bill to incorporate the First Presbyterian Church of Berlin township, in Delaware county; H. No. 70; A bill to incorporate the First Presbyterian Church of Liberty township, in Delaware county. The following bills were read the third time and passed, to wit: S. No. 58; An aet declaratory of the forty sixth section of the act entitled "an act relating to wills; H. No. 67; An act to incorporate the town of Waverly, in the county of Pike, and state of Ohio; H. No. 75; An act to extend the corporate limits of Higginsport, in Brown county. Ordered, That their titles be as aforesaid, and that the House be informed thereof. On motion of Mr. Spangler, The Senate took up Senate bill No. 64, fixing the times of holding the courts of common pleas. On motion of Mr. Spangler, The bill was then committed to a committee of the whole Senate, and made the order of the day for this day. On motion of Mr. Hazeltine, The Senate resolved itself into committee of the whole, Mr. Barnett in the chair, on Senate bill No. 64, fixing the times of holding the courts of common pleas, and after some time spent in the consideration thereof, the committee rose, and reported the same back, with sundry amendments; which were agreed to. On motion of Mr. Wade, The bill was further amended. |