Missouri state times (Jefferson City, Mo.), 1868-01-24

              RA1E3 OY ADVERTISINO. 7! KIRBY & COOPER, ?tffcli$to and grspridarfc JEFFERSON CITY, MO. On aqure, am nit WMlllTtl WMfc ............. o itm MOi. six npntli , ' r ... ; OM-feank Miami, thrm ttmtb .. o in month. : o-u cf. tkCJ;::::::::::::::;: ' BMotks. cotaam, m rw !.'.""" I ia,"Uwttotist two loUart ana fry SBiaistratar's nstiea hn fcCi, .1 1 to .. oo oo ... it w ... IS 00 .. 6 00 .. 0B .. IB .. a oo TE&KS OF STTBSCKIPTIOir: " 1 60 VOL. 6-no; 1 . ,t ; JEFSON ClTf; FHIB AY, JANUARY 24, 1868. WHOLE NUMBER 265. M'Jj A- T ' . . . . ... - - ' - . : ; wimm t i f fth A W GCSTMAI. ASSEMBLT. .y-ATEM0RXINi SESSION. FRrnav, January IT, IAS. ., xi,t Chaplain, Kc v. Mr. Bratton. Wir mutuant to adjournment, I'rcsidcnt f '' rail 2T Senators were present. Senator Re. A'-ri .vaj-Messrs. Bruere, Evan' Herd jrr r , fii Senator Human. '4rr tL asked leave to present thecreden-"r f T'lrica Essex, Seuator elect from the fAurTh "district. V-' K'x 'a worn 'n Bn(1 too',; "is set 'k'i'MIAM moved that the credentials vt f - referred to ttie committee on fclec. ,. was made, and the credentials rreJ. Mr hi."" 111.-..- ....... .. B .-.-.miniticc oa me i-euiieuuary 10 inquire nv-' , report upon contract in relation to con- 7..(.ir. ' '2- KINO ai d that during the pant year weral ;,vinractorsfor convict labor had .thrown r.'.T tf-nfraeta. on account of tlie ewortnoui Z wd that there was danger that lance ' .- : .if ;irpms convict laoor woma tie mrown aJre tands of the State. The resolution was i-art she Committee on the Penitentiair to in: o the matter of the contractu lietweeu i-vc.ors sou warueu 01 ine penuennarv ...(vntractors for the labor of the convicts ,:,J to report lv a bill or otlierw isc. or not the terms of tLe contract- mav be . - -i hTTAr KfUillW 111 A illtdrdct. ' . 1 1 . -;;:n. te,t the said contractors airaina loss 4 "-V r,.,i!.ition was adopted, v". ti.WKLL. rrom the Couiuiirteo on Eu-J. c Vtfil- r iorted as correctly ensrro-ed su-CY In.'), anicndinfr chapter 1TC of the .l-ji "Mt;itt-, in relation to justice of the " f I -!- I '11'" township; and "-f r . i i i No. 127. amending t haitcr list of -7;'r.. r.i tsTUU-s. in relation to landlord- and ''Cli.St. l.oui township. '"i. "wi'KKNEK. from the Committee on the - vn . reported a substitute for ?v-uate bill r iiiH ii'liu? sn-tioii 13. chapter lir. of the TW.-!titute provides that married women. i3 sv:i:.: d mind, ot eighteen years and upward, yvi- I" ,. r to devise ty tlieir last will and ttieir lands, tenements and other provided the same shall not atlect the .s;;iic ot tir nusoana riierein, oy counesy. j. W0ERNE11 explaiutni. that hercuifbre K-omrn d eiirhteon years and upward Zj ji-pc-1 of their projierty by sale, but not "tV ijii was read the third time and passed, vcitors present voting aye. FH.LEK. by leave, introduced a bill, euti-,! to amend section 15. ehapter .', title the tit-noral Statutes of Missouri. j provide- for restoring lost and destroy- i-ii twi.v and ordered enprossed for third k'-'VII.LER. by leave, introduced a bill en-4c ni to amend sections, chapter 123, of jriV.E.rai statutes of Missouri. TiYsii provides for a change of time in proving jcsr afrainst the State, extendinir the time K-.t-i fr tlie same to three years, instead of . brn tofore lad tK nd ordered eugrossed for third j ' ."on t!ieir scond reading being in order, si:e i-irii'urri-nt resolution Ko. :J . i n relation ;ti iD.;iM hmont of certain officers, was Ukcu " ic. reJ Uie second time. s introduced on Thursday by t .M"isc. and is in substance as follows: that Tkireis. the General Assembly in March, f. i;J remove Judge James C. Moody by ad-n. fjr nut requiring jurors to take the oath; trr'. re yi h t't Snare, the Him of Eepre- rx.yt e-mi-i'if therein, that consistency's if. if aotiiiug eUe. requires the immediate re-f'J address, the Judges of the supreme Ijctoftiii? State, and ahw any other judges iv UT given similar decisions. t. MORSE moved to refer to the Committee t KfWBfhroetits. It EL WELL, moved to ameud so as to lay aersrjlir.ion on the table. lit resr-iution was Uid on the table. Soasf biiiNo. 6. changing the time of holding a C Girardeau court of common plea-and rr.'-z? that there shall be three terms of the d. rocuaencing on the second Mondays in July and Jnovember, was read the second at me iLformally laid over under the rules. sc? biU amending the law in regard to land-5 tid tenant , (with reference to St. Louis ;ro:p.'' was read third time. I: EARBLNE desired to know from the mov-eofit Mil. its object, as it was almost idecti-xrj the Statute as it now stands, and changed trae jurisdiction to entertain suits. He was . !5i to making the laws more- diffuse than 1- WOERNEIl explained that the bill was iwsryto conform the Statute to the change K:es;"ite.1 by another bill before the Senate, soke? tie number of justices in St. Louis arry." 1 BO XII AM moved to lay over the bill in-sit y. that it mav be taken up after the 'Of the other hi if. Motion carried. Lite bill reducing the number of justices in J Louis coantv, and providing that they receive ifciryin-tead of fees, was read third time and 1- TOERNER moved to take up the bill in sci'is to hndiords and tenants. I r.E prevailed, bill was read third time and I". FILLER introduced a bill entitled an act isoiion to change of venue in criminal cases. Stiuia object of this bill is to give the State pcrtanity to require a change of venue in rxjii cases where the people are prejudiced :ir-:of a defendant, or incases where tlie civil Kawities are overawed. H:.uon of Mr. ELWELL, the bill was laid "saeo 5t copies ordered to be printed. ir FILLER introducc-d a bill entitled an act i oesd the Constitution of the State. T aiieot of Uiis bill is to enable the Lcgisla-?io pass a law providing for the appointment $tc:! judges of election incases where arQ-Tii.'f made by indniduals that the election ""!?ir influenced by prejudice. T ii was laid over until to-morrow. 1L' W ILLIAMS, from the Committee on Edu-"m. r-p..irted in favor of the indctim'epot-'ms-. of Senate bill No. 101, providing for iwi nt. lions in those districts- where there has registration, and authorizing a general ty aii male citizens of propter age, regard-"' tntrir (qualifications for being registered as Tie report was adopted and the bill imlctinitely rPRLIl'ENT laid before the Senate the jMT,ne i:i(..!,?f- from his excellency, the tfaor : ExF. t'TiVK Mansion". J.2i-r-.iii ity, January IT, 18GS. V- t-ntrjX -l-7.. if tt StaU of Missouri ; In i.iiifti't: in r.'iir-mciits of 14th section of 9") ' U i .1 pn.vvhr.g fur of certain railroads, ap- ove.irel.marj- V.; l have taken posses- u ot the M. Loui- an.l Iron Mountain Railroad. H have appointed an airent and superintendent sperate it until tlie ien.-ml Amblv shall aerwise di-poe of tfie same. This road was i e: -(j me Mate uud.-r the act referred to upon .-.:k. ma expressed terms and conditions: lae pun-lia.tr was bound to pav one-of tut purcha-e monev at the time "of sale B-u aiaiu-e in live equaf installments. rav- 131: : U. "ilia interest on the deferred pay- was to be finished to a point south to connect with the line of the n railriad in three years, and to nver opposite to or lielow Colum-. in five vears. Kr. ' i lir i-l. !;.! ;uM-r was bound to expend in each ei: between the date of sale and the t. m the road at least $Yft),C00, "in the "luatioii. masonry and superstructure tin A:, at.: "lilt in, al statement of expenditure should r oath by the trea-urer and two H- rfad and le filed with the Secre A: ; U..ure on tlie part of the purchaser to 2' ; ur iia-r money or to expend the sum of t 'lin. ifire of the roadit- franchises, roll-' ! I'lirtenances and other property, Z"i: r.'.ii-al to the State, and the Gov- h ca-e proceed at once to take sv f t:ie -jiue without aid of any writ or 'I an . iii- r .f tl,i. road has failed to pav -""i;i':nlnf of the purchase money tiue w January, ls. lie has failed to ex- t uin t,f EVp). 0(jil in the work of tmdna- "0 '.r sup. rtru-ture of the extension 1. 1 l.e ha. failed to tile a statement muter oath as required by the this iirt section of the aw't re- tit owner of tl.is rna.1 .-rrkn.l4fl uui- of mom v f-r material and for k ' ssary in the extension of the road, li.-iuded in grading, raasonrv and . II .. I . . : r . I l : " : . : - is ii-i ; . ' 1 ' uas uiauuesiru m uisuvsiuuu fi-J 1 !y iSehnont. and having put his V jT11"". f' 'arfe amount, in the enter- i-eiititied to liberal consideration of any to 7" , Jl'--tent with the interest of the Jt i.i . il.,.,:. . i . i . '-; """""i 10 redeem me propeny or ' tlie purcha-cr at any sale of it f1.1 s.il. Ui il Ri!li whirl, railroads are built in --'.rr s aiwvs lorrnw1 fnr thp miriiose. IH: llk.l 1.'.. 1 ri.A j . - " m:i uiviiac i 'V. u ti . a uc c i -M ' " J iwnasc-r under the act of r ebru-s ':'"iiJ issue for building a railroad, ? : , 10 s "n for the first, second and toe contract as above set refore. in fact, onlv a fourth and to be built. It is not me that under these clrcum- sold under that act are for sure. .1S Oi -rfuiit i '"Uprise to '-''loT;.?'''' tat road a - I will not repeat what 1 lixvta rewottr aai4 in tax last message, in rrfertnoa to- th toiprV auce'of building this road, bat subl&t! ttti gti iirterest ef the State to your acOoa , "iUi k earnest reconunemiation that jmitrU reenetvaa of the recovery of the titia arndpoosaaotom of the sane, to take such measures' a will secure its completion within the shortest time pottible. - In wliaiaver usposltioa xnnjr be eukU of the St. Lenisaad Iron Mountain. BUred, I hope that the Cairo and Fulton road will be part of it in every legal aspect and so rxfcanptioa of the Iron Mountain road should be permitted tnties me purcnaseT u notma for oompnaavw wits lot term of the purchase of the Cairo arid Fnhoa road. - i i .-.m In any future tale of tali road or la ease fa redemption is permitted, such .power ahooid be reserved to tLe Legislature as to - prevent it from becoming a 'monopoly opprawfT uaoo the people in its tariff and general management. It should also be made after its cotnpleuoa te- rieid a small percentage not exceeding two per eect of its gross earnings to tae state in aoxnuoa - tae sane taxes the property of other eitlsene is liable topay. ... - THO. C. FLETCHER. ; r M. TAlCVBt W .1.. r.. J JH lUUbllU Ul 1 V 11 . V 1- A . VWW 1.UV111MH.I copies weie ordered to be printed focthetwe T the Senate, and . ' j On motion of Mr. BO SHAM, the mes&sge was referred to the select committee on the Iroa Mountain railroad. ." ". On leave, Mr. BOS If AM introduced a bill en titled an act to confirm the title of the St. Louis and Iron Mountain Railroad. Mr. BON HAM said, on introducing the W3 that he introduced it at the request of friend of the road, but that he did not mean to be understood as beinir committed in faTor of or Against the bill. He introetared it at toisttaie for theL" purpooeoi naviuz u reierrea iquh saue committee to which tlie Governor's message Va v i'erred. The bill was ordered, fifty copies printed and" referred to the select committee on the St. Louis and Iron Mountain Kail road. Seuator IllDGLEY, from the Committee on Banks and Corporations, reported in favor of the iudetinite postponement ot Senate bill No. 124, entitled an act to increase the capital stock of the M'estport and Kansas Citv Macadamized Road Company, and to change the location of a part of the Mate road between Independence and est-port.The bill so reported wa taken up. and On motion of Mr. lilDGLEV was indefinitely postponed . Adjourned. uorsK Mouxix; session. Friday. January 17, lotiei. I lie House met pursuant to adjournment, at met pursuant to adjournment 10 o'clock. A. M Speaker llARLAX in the chair. Prayer offered by the Hev. Mr. Whitaker. The reading of the minutes of the preceding meeting was dispensed with. With the unanimous consent of the House, Mr. McBRIDE. of St. Louis, offered a concurrent resolution instructing our Senators in Cone-res and requesting our Representatives to use their best endeavors to secure such legislation as will secure the rights of American citizens abroad. Mr. HOW fc. of Lewis, offered a substitute. which, with the resolution, was referred to the Committee on Federal Relations. Mr. BIRCH, of Scotland, offered a resolution cordially indorsing the prompt and decisive action of the Senate ol the United States in the re instatement of that aide and efficient statesman and sterling patriot. Edwin M. Stanton, to his rightful position as Secretary of War, as by such action the enemies of the Government have been once more signally ISefeated and loyal men made to rejoice. Mr. COLMA moved to lay the resolution on the table, which motion was itself tabled. The resolution was adopted bv the followlne vote aves 90. noes 26. The following gentlemen voted in the affima- tive : AVES Messrs. Akard. Baldwin, Beal, Ben nett, Birch of Scotland, Blodgett, Boon, Brans-combe. Brock, Brown of Dallas, Brown of Daviess, Bulkley, Burch of Jasper, Buzick, Cannon, Cartmel, Childress, Dailraeyer, DeLand, Downey, Drum, Eagle.Eilison.Eppstein.Esten. Ewing. Farrar, Ferrell, Fletcher, Fourt. Freeman. Good son. Griffin, Hackleman. Harper. Hathawav. Hewitt, Hickman, Horn beak, II os- kiuson, Howard. Howe, Jaquith, Jennings, Jerome, jewett, Jones. Kelley,Kidwell, Laughlin, i-awson. teaming, j-eaergeroer, ijeeg, under, Long, McElhinnev, McGinnis, McMiiien, Mitch ell, Monks. Mullin?s of Greene, Mullins of Linn, Neville. Orrick, Owens, Fond, Pyle, Kice. Kirtrs. Kinter, Kobertson. Kountree. Schneider Schulenlerg, Shafcr, Smelaer, Smith, Steele, Taylor, Thompson. Walker, Waters, w einnch. w hite of Cole, whittaker, Woods, Wolbrecht, Wyatt and Mr. Speaker 90. OES Messrs. Alexander. Aliev. Art)le?ate. Bogy. Bntton, CaidwelL Cockerill, 3oie, Col-man, Forgey, Fox, Howell, Key, Lyman, McBride, McFariand, Proffer, Requa, Ritchie, Rvland, Scon. Smythe, V an Wagoner, Waide, White of Randolph, and Mr. Zeveiv 26. Mr. KiLAM), of Lafayette, introduced a bUl to amend chapter 156. General Statute of Missouri, coucenung mandamus. Read twice and referred. Mr. DALLMLYiXR, of Gasconade, introduced a bill to amend section 1, chapter 47, concerning schools in cities, towns and villages. Kead twice ana referred. If- 1TUTTT iVTP nrtiiM ...MutlAH -.k ; ..I, was adopted, granting the use of the Hail of the House to Mr.ilcQueen, on the evenings of the 27th and 2Sth instant, for the purpose of exposing spiritualism. A message was received from the Governor, which was read, and,- t t- On motion of Mr. WILSEfSS,- referred to a select committee of nine, eneTrpLi-eh Congressional District. . t . Mr. OBRlCintrodueed'UUTrljLMJ the ownershipaand possession bf the Iron Mountain railroad, with all the property, .Ac,, belonging thereto, be confirmed to Thomas Allsnray suit or complaint, or other proceeding by the Sute or any officer thereof, to the contrary notwithstanding, subject, however, to the mortgage now existing thereon in favor of the State; provided, that the said railroad shall be opened for business through from St. Louis to Belmont, by any route which mav be deemed most feasible, within three years; afso that the Governor immediately deliver up the possession of said road and the earnings thereof from the time of the seizure to its delivery, to Thomas Allen. Read twice and referred to a select committee of nine, one from each Congressional District. Mr. BKAXSCOMBE. from the Committee on Internal Improvements, submitted a favorable report on the concurrent reM)lution to remove obstructions of Rock Island and the Keokuk rapids in the Mississippi river. Ordered to a third reading. From the same committee, an adverse report w as made on the bill to authorize John Bird to keep a ferry in Mississippi county. Indefinitely postponed. From the same committee, an adverse report on bill amendatory of and supplementary to chapter OH. General Statutes. Indefinitely postpoued. From the same committee, a favorable report on the bill to authorize the Hannibal and St. Jox ph Railroad Company to change their char ter, approved reuruary is, l. irdered to a third reading. From the sume committee, an adverse report on the bill to authorize the county court of Daviess countv to aid in the construction of the Kansas City and Cameron Railroad. Indefinitely postponed. From the same committee, a report recom mending the reference of the bill to provide for the sale of certain railroads and property, to lore-close the State's lieu thereon, aud to'secure an earlv completion of the Southwest Branch of the Pacific, the Platte Country, the St. Louis and Iron Mountain aud the Cairo and Fulton Railroads of Missouri, to the select committee having the matter in charge. Report was adopted. From the same committee, a report recommending the reference of the bill to authorize railroads in this State to leae railroads in other States and territories, to the select committee on the Pacific railroad. Report was adopted. Mr. DONIPHAN, of Platte, introduced a bin to amend chapter 2. General Statutes of Missouri.Read twice and referred. Adjourned to 2 o'clock, P. if. AFTERNOON SESSION. The report of the Committee on Internal Improvements recommending the postponement ot House bill No. 274, explanatory of an act for the sale of certain railroads an.l property by the Governor, and which was presented on yesterday, was adopted. Mr. Bl'ZICK, of Holt, introduced resolution authorizing the employment of another clerk to assist in the engrossment of bills during the present session, who shall receive five dollars per day for every dav he shall le so employed. Adopted. Mr. M"L"L.INS, of Linn, from the Committee on Criminal Jurisprudence, reported favorably on the bill authorizing an unmarried woman to prosecute, as plaintiff, for her own sedtu-tion, and recover such damages as may be found in her favor.The consideration o. the bill aud the substitute offered therefor by the committee, was postponed until Tuesdav next. From the same committee, a favorable report on the bill to amend chapter i!09, General Statutes of Missouri, in relation to arrests, examination, commitment and trial. Ordered to a third reading. From the same committee, a favorable report on the bill to amend section 34 , chapter 206 , in relation to offenses against public morals and decency. The bill w as read a third time under a suspension of the rules and passed. The bill provides that every person who shall be convicted of horse racing, cock fighting, or playing at cards or game of any kind, shooting game, or discharging fire-arms for amusement or profit, on the first day of the week, commonly called Sunday, shall be deemed guilty of misdemeanor and fined not exceeding fifty dollars , From the tame committee, an adverse report on the bill to amend section 9, chapter 223, Gen ral Statutes. - ; Indefinitely postponed. . ' From the saiae conmuttee . a farerabia report cm the bill to amend chapter S3, General Stauoesof jmaonn, cxing tae tees-otcsretnt rtanwys..-Ordcred t a third reading.---..-From the same committee, an advarae report on the blU to aoaend aectioas amd S6, f-chapter Si, General Statutes of Missouri, .with a re commenxiation that the tana be ladetnitelypoaV pxmed. i - . i "' .--. - . -. Mr. HOWELL, of Reynolds, from tb aaaa oonuBittee, atated that m iliswunai fi-eaa tba views of the majority of -the committee at expressed in their report, and that he was la favor of taepaasagaof tae bill. - - . 1 ha motion to postpone was loat. Mr. XHOMTbOX, sMottbroMery, oflered the fbllewing resoJuden: Whiuas, This House has learned that siace the adjoarnmeni of Its laat sessioB on of its Bvan-bera, tae lloa. Henry yf olf, a BepreaeataGbre front tae county of Platte, has departed this Hie; therefore be it i Seeokni, That we Bare received the sad tiding of the death of oar friend and esteemed associate with profound sorrow. Eetclfd, That we si ace rely mourn a decree that ha removed from among as one who by bis rare social qualities, hi honorable and meaty boaring and hi many unobtrusive virtue, bact woa for him our warmest affection and oar highest --J tpee. Seeeleed, That a a tribute to fcls taevaory the member of this Honse will wear the asaai hedge of mourning for thirty dart. - Jteeoimd, That a a farther testisaonla of ear esteem tats Hot- do now adjoora an til 10 o'clock, a. M., on Monday, the Suth Inst. Adopted. . . Atljounma. SEN ATE MOTIK7NO S!SSTOy Monday, January 20, 1803. Prayer by the Chaplain, Rev. T. B. Brstton. At roll call twenty-one Senators were present. Abtent Messrs. Clark, Ellis, Fisher, Graham, Rea, Townslcyand Woerner. Altmt on Uare Messrs. Bruere, Cavender, Evans. Morse, Spautihorst and Winters. Mr. BONHAM presented the following petition from citizens of St. Louts, in relation to the seizure of the Iron Mountain railroad, which On motion of Mr. BONHAM. was referred to the select committee, to whom was referred the petition of Mr. Allen. To the Htm. the Senate anil Ifs of Jit-prmemta- tiret in Ltgitlatvre AftemMfd : Whfreas. We have learned w ith much surprise that the St. Louis and Iron Mountain railroad has again been seized by the Governor on behalf of the State of Missouri; ami teherea-t, an affidavit has been filed by Mr. Allen, President of the road, that the sum of ;SI.O00 (five hundred and eighty-three thousand dollars) has been expended" and paid by them on the grading, masonry, superstructure and material for the extension of the road, and satisfactory evidence given of the bona fide intention to complete the extension of the road to open water within the time required by act of the Legislature; Therefore, We, the undersigned, merchants, manufacturers and- tax payers of the city and county of St. Louis, State of Missouri, without distinction of part v, desire to express our unabated confidence in Mr. Allen and his associates, as being the right men to carry through this important undertaking, and we view with serious alarm anv steps that may be taken to invalidate their title or impede the'ir progress to complete their road; and we pray you will, if need be, interpose your authority to confirm and settle the title of the road to Mr. Allen and his associates, as we believe that presents the best as well as the earliest prospect to secure direct railway communication between St. Louis and the South. Mr. GOEBEL, from the Committee on Agriculture, reported in favor of the indefinite postponement of Senate bill No. 134, requiring that all vegetables offered for sale within the common wealth of Missouri shall be sold by weight instead of by measure. Mr. GOEBEL said that the committee were of opinion that the object of the bill was impractica ble. In St. Louis vegetables were aire ad v sold by weight, but that it would be inconvenient and impractical to establish a similar system through uie wnoie oi me state. The report was adopted. Mr. HARBLNE, from the Committee on Ways and Means, reported in favor of the indefinite postponement of Senate bill No. 33, amending section 17, chapter 146, of General Statutes of Missouri. Mr. HARBLNE explained that by our present laws county collectors were required to accept county warrants in payment of taxes. This bill was to abolish that svstem and to require the pa v- ment of taxes in cash. The committee were of opinion that this would lie a hardship upon tax pavers. The bill was indefinitely postponed. Mr. GOEBEL, from the Committee on Agriculture, reported in favor of the passage, with accompanying amendment of Senate bill No. IX, in relation to drovers and stock. The object of the bill is to recrulate the drivine of cattle and other stock through the State, and to provide a remedy against urovrri tor damage resulting from the same. - The bill was referred back to the committee, with instructions to report a substitute to embody the amendment. Mr. HARBLNE, from the Committee on Way and Means, reported against the passage of Senate bill No. 35, amending chapter 33 of the General Statutes of Missouri. Mr. HARBLNE explained that the object of the bill was to abolish the present system by which county treasurer are required "to receive from countv collectors warrants and scrip, which the collectors have received in payment of taxes.-The bill was indefinitely postponed. Mr. HARBLNE. from the Committee on the Judiciary, reported in favor of the indefinite postponement of Senate bill No. 191, concerning ine law oi ewaence. - . - 4iTh report was adopted. The PRESIDENT laid before the Senate the M lowing , opinion. o-e.huhres er the 'Supreme. Court in: rP'5i'tsvthe::riwion passed by the senate? Upon examination of the interrogatories we we nna mat. we ma iters involved are simply questions of law, arising under an art of the Gen eral Assembly of the Sute. Thev are matter affecting the private rights of individuals. No question of constitutional law is involved or pro pounded. It is only on important questions of constitutional law, ana men only upon solemn occasions, that tlie judges are authorized by the Constitution to give their opinion in this form. This subject was fully considered in the answer to questions submitted bv the Senate December 9th, 1S65, (37 Mo. 13o)to which the Senate is respectfully referred. The language of the Constitution is so clear and express as to leave no room for construction on this point. In some other States a more ample authority is given. In Massachusetts and Maine the judges were authorized by the Constitution to give their opinion "on important questions of law. and upon solemn occasions." Rev. Stat. Maine, 1857. Const, art. 3, paragraph 3, p 36; 1 Rev. Stat. Mass. 1323 and 1836, Const, art. 3, paragraph 2.) The words of the Constitution of this State are "important questions of constitutional law, aud upon solemn occasions. ' ' The distinction is too obvious to require comment. We see no reason to depart from the construction heretofore given to this clause of the Constitution . For these reasons, as we think tlie Senate will not fail to see, it is not in our power to give a judicial opinion, in this form, upon the .questions submitted. DAVID WAGNER. X. HOLMES. TUOS. J. C. FAGG. Mr. HAIUIIXE introduced a bill, entitled an act to amend section 6, of chapter 18. of the General Statutes, fixing the time of holding elections for circuit attorneys and assistant circuit attor-nev.Referred to the Committee on the Judiciary. On leave, Mr. KING introduced a bill, entitled aa act to amend chapter 12 of the General Statutes, in relation to assessors and the assessment of property. On motion of Mr. KING, the bill was referred to the Committee on the Judiciary. On leave, Mr. HEAD LEE introduced a bill, entitled an act to dispose of the Southwest Pacific Railroad, and other property belonging thereto, and to provide for the early completion of the same. Referred to the Committee on Internal Improvements, and two hundred copies ordered printed. Mr. BONHAM, on leave, introduced the following resolution : . HeeSced, That tlie committee heretofore authorized to take into consideration the propriety of a revision of the revenue laws, be instructed to inquire into the economy of amending the revenue laws a follows : 1st. By making the treasurer of each county the collector thereof. 2d. To change the time for holding the commencement of collection so that the collectors shall commence on the first Monday or December in each vear. 3d. "The reduction of collector's fees. The resolution was adopted. Mr. HEADLEE introduced a bill to establish a civil and land court in Greene county. Referred to the Committee on the Judiciary, and fifty copies ordered printed. Bills on their second reading being in order, Senate bill No. 242, entitled an act to amend chapter 6, of the Constitution of the State of Missouri, was read the second time, and On motion of Mr. HOLLAND, referred to tlie Committee on Constitutional Amendment. Senate bill No. 2oM, entitled an act to repeal an act to amend the Constitution of the State, and to secure impartial suffrage, was read second time, and On motion of Mr. HOLLAND, the bill was passed over informally. Engrossed bills on the third reading being in order, Senate bill No. 136, amending section 38, chapter 109, of the General Statutes, concerning the conveyance oi real estate, was read the third time, and lost, fifteen Senator voting in the affirmative, and four in the negative. Mr. BONHAM offered t revolution requesting the Secretary of State to report to the Senate an authenticated copy of the returns now on file la bit office of the late peeial election for Senator la the twenty-fourth congressional district. The resolution was aaopiea. a mourn ea. , AFTEEXOO-S SESSLOH- ' Mr. WTLLIAM3, from th Committee on Ed- smilM. rnmrtd advmelr oa Senate bin provi- dina-tor the oowpulsory attend children J port adopted. . S2i!i .'vT' .T?rr: . ; . From the same committee, an adverse lalltiri liiriirmtilr """""" on the bill to relievs ceruia mail contractors from MT. HOIXAXDcJed'np Senate ' LtoCoW bsit ; om Tjnimee. , report recom-f JtJZj i ending the reference of the bill concerning the petent for the Senate to entmaia the fciiL A ; '"'rL!,? n,,ttr 01 in,urlBce ,B chir-J? riiJfiifn'thaT FrMtiisaniecoDimiUee, a fcvorab,. report mJj- teuml that' 0? ras satisfied that question of parb; i tof the feecate to entertain tie biu naa eiapea sa raised. He was rZJT". ir rstioo ( VVVlSlSai-wV.chi ZlV- the Supreme Court. . If it wa. k Jadgmentof the Clufr nMJMJf.l!!; 3eBfML.? n5r.77!rr-rir . ivia uiwnun Mansi iiyv vjv v as follows Section 43, page te', of Jellerisoh'i Manual. - ; i . : Parliament a questioa oac eameaaannot If.?5t??nftf tEfJr; bU ' HtatheiudgmOTtof then ..r' . , T - - " readfrom aroe aa -Jioruy a follow: ,. , ,hZJ5. '.23 aCwV !ZnZti& thre or femr day, and a sew one commas but then alt Batters depending most be nr ttpy iii , aud sr ts begin -J ffi.r. graph 2313. The general rule being as already stated, that no question can be a second time moved, noon which the hitbzment of the House XAU lUru 1 . 11 Will vmuwA f" can he expressed, it follows that no resolution or bill can be introduced which propose to do which the House has declared shall not be done; but also, that no two resolutions nor any two bills contradictory to each other can be passed in tlie same sessions and consequently that no motion or proposition preliminary to such contradictory legislation can be regularly introduced. He held that it was within the power of the Legislature to suspend or extend the operation of a law at the same session. The Chair indicated to the Senate that the first question to be determined was that of the relative position of the present session to that commenced January 3, 1867, upon which matter he desired the judgment of the Senate. The bill was then referred to the Committee on Judiciarv. for a report upon this question. Mr. HARBINE called up Senate bill amending the General Statutes providing for the relief of collectors against losses by acts ot tnieves and burglars. Made the sjiecial order for Thursday, at 11 o'clock. The PRESIDENT laid before the Senate a special message from the Governor iu relation to Southwest Pacific Road, which was read and five hundred copies ordered printed. Senate went into executive session. After which the Senate adjourned. HOUSE MORNING SESSION. MoxdaY, January 20, 1868. The House met pursuant to adjournment at 10 o'clock, a. M. Speaker HARLAN in the chair. The minutes of the preceding meeting read by Capt. Colbv. Assistant Clerk, and approved. Mr. ROLLINS, ol Boone, introduced a bill to encouraire the cultivation of land and to increase the product of the various kinds of crops iu this Sute. Read twice and referred to the Committee on Agriculture. lr. ROLLTNS introduced a bill to enlarge the University of the Sute of Missouri, to estal.hsh a department of agriculture, and the mechanic arts to provide the means of maintaining the same. Read twice and referred to the Committee on Agriculture and Education, joiutlv. On motion of Mr. COLMAN, 'three hundred copies were ordered printed. On motion of Mr. DOWATY. the Senate joint resolution in regard to appointing a joint committee to revise the revenue law" was Ukeu up, read a third time and passed. Messrs. Wyatt, Eagle and Scott were appointed on the committee, on the part of the House. Mr. HEWITT called up the Senate bill to amend the charter of the city of Palmyra, which was read a third time and passed. On motion of Mr. R YLAXD, all absentees were granted leave of absence. Mr. FERRELL presented a petition from the citizens of Maries county for the purpose of reference.The following gentlemen were appointed on the committee to take into cousiderat 10a the bill in relation to rebuilding court-hoiu-e and jails, where the same were destroyed daring the late rebellion: Messrs. Walker, Brw k, Fletcher, Lawson, Whittaker, Uoskinson, Under, Wilkinson and Thompson. The SPEAKER laid before the House a communication from the SUte Auditor transmitting statement of the amounu necewary for the fiscal year, commencing October 1st. 1867, and ending, as it is proposed, with December 8 1st, 1868, being five-quarters, or fifteen months, and exceeding, therefore, former estimate by one-fourth. The appropriation for costs in criminal cases has, at this day, only balance of $5,030 64, owing to large payment to counties in which the courts found numerous cases pending, and not yet disposed ol, since the war; for contingent expenses of General Assembly, $50,000; assessing and collecting revenue, 45,0(0; costs in criminal rases, U5.000; par of civil officers, $38.2."0; eopving and indexing law and journal of ls67, $3,135 90; copying laws and journals of 1868, $2,900, distributing laws and journals of 18C7, (including report of General Assembly) $4,272 95; reaeral contingent fund, $2,500; repair on Capitol and grounds, $2,500; printing laws and journals of 1866. $10,635 86; same of lsc7, not reported ret; copying laws and journal of 1S66, $2,136 50; distributing laws and jou rnai of 1868, $3,500. The communication was referred to the Can-mittee on Wavs and Means. Mr. JEWETT introduced a bill to i intend section 21 , chapter 20, General Sututes ot Missouri, which was read twice and referred to the Committee on Printing. The bill provides that whenever the General Assembly , or either bouse thereof, shall order to be printed any number of copies, exceeding one thousand, of any report or public document (the agriculture report excepted), the public printer shall reserve from distribution one.thousand copies of suPh report or document, U be deemed aud used as appendix to the journals of the General Assembly. After the adjournment of each session, be shall bind such report and document in volumes separate from the journals, making as many volumes of the same, not exceeding one thousand copies, as there are of the journals of either House. No report or public document thus ordered to be printed and bound, or printed by virtue of any law or resolution shall be deemed orUkea as a part of the journal of either House in the construction of the word 4 'jonrnal" in any section or part of the Sututes of this SUte. The journals of each House, and the reports and documents used as appendix shall be subsua-tially half bound w ith leather backs and corners and lettered; aud for binding and lettering each volume as alove provided the public printer shall receive forty cents. Mr. McMILLEN introduced a bill to change the time of holding court in Clay county. Read twice and referred. Mr. HARPER gave notice that he would, oa to-morrow, introduce an amendment to the rule of the House. Mr. SCOTI" offered a resolution, which was adopted, that the joint committee appointed to investigate the books and accounU of the Pacific Railroad Compauy, be instructed to inquire into the practicability of amending the railroad law so as to give the Sute a share in the direction of the railroads of the SUte, corresponding to her interest in said roads. On motion of Mr. OWENS, the bill to amend sections 2. and 26. chapter 32, General SUtutes Missouri, iu regard to the pavment of witnesses before the grand jury, was re-committed, with instructions to report such amendmenu as may be deemed necessary. Adjourned to 2 o'clock, r5. M. AFTERNOON SESSION. A communication from the Governor was laid before the House by the SPEAKER, approving the following bills : To amend section 21. chapter 46, General Sututes Missouri, in regard to public schools. To amend the third section of an set entitled an act supplementary to an act amendatory of an act entitled an act to provide for the reoriranixa-tion of the St. Louis circuit court , and regu late the proceeding therein, approved March 20th, 1866, and to repeal the last part of the same. To amend section 44. of chapter 136. of the General Sututes Missouri, concerning tlie time of holding court in the 18th judicial circuit in Phelps county. To amend section 23, chapter 46, General Sututes Missouri. - Mr. BUZICK introducea a bill to amend an act to incorporate the city of Forrest . Read twice by iu title, and referred to a select committee consisting of Messrs. Buzick, Owens and Neville. Mr. BIRCH, of Scotland, from the Comaaittee on Banks and Corporations, reported favorably on the bill to amend aa act to incorpo.au the town of Warrensburg. Ordered to a third reading. From the same committee, aa adverse report on the bill to amend an act to Incorporate the town of Bloomfteld. Indefinitely postponed. From the tame committee, a favorable report on the bill to amend aa act to incorporate the town of Linneos. Ordered to a third reading. From the same committee, a favorable report on the bill to amend aa act U incorporate the town of Lancaster, in Schuyler county. crracrea to a uura reading. From the same committee , a rf port recoifimend- ing the; reference of the bill concerning life insurance companies to the select committee to whom that part of the Governor's message ws referred vrgara io insurance. rw me same couimiuee, a nivoraoie report " repeal the act to incorporate they . od.1 a o.ir wxW ' ' "J "5f- , t, . From the same committee, a favorable report From the ame committe?. favorable report "reDC U, the tneorporatio. of LSTAtUam. tTlkZkl committee, a favorable rspect ' the bill to provide for the taxation of iketuring and other incorporation, in the ai oiuer a uiai oi inuiviauai.. Postponed, and made the special order for w . -From the same committee, a favorable report Bank of Commerce. of the Secretary and Treaurerof i ui it association to casnier. I . ta motion of Mr. JEWETT. the bill was re- Vi"red to the Committee on Judiciary, n received from the Lumnr. in a ' UlMI'V ln th seizure ol tbo Southwest Pacific Rcad, as. toll, followsi Senator ami Eeprtnentutvxt : la mv message addressed to you on the 8th instant, 1 briefly suted the facts in reference to the seizure by me of the Southwest Pacific railroad, and announced ray intention of communicating, speedily, my views in reference to it. I was influenced to this course by considerations of the importance of the subject and the length of a communication which will embrace all the questions deemed by me proper to discuss under the circumstances surrounding this long deferred, and greatly desired road. For the construction of a railroad from St. Louis to the western boundarv of the Sute, there wa granted to the State of Missouri, by act of Congress of the 10th of June, 1852, every alternate section of land, designated by even numbers, for six sections in width on each side of said railroad: and for all or any part of the sections designated by eve numbers which had been sold by the Lnited States, or on which pre-emptions had been made before the date of the act, the SUte was permitted to select an equal quantity from any section designated by even numtiers, within fifteen mile of the line of the road. It was further provided by the same act, that the land remaining to the l nited SUtes "within six miles on each side of said road, shall not be sold for less than double the minimum price ol the public land, when sold." It was further provided by the same act, that the land so granted should he subject to the disposal of the LegisiaUuw for the purposes stated in the act, and no other. The Legislature, by aa act entitled "an act to "accept a grant of land made to the State of MU-"souri by the Congress the United States to "aid in the construction at certain railroads in "this State, and to apply a portion thereof to the "Pacific railroad." approved December 2oth, 1S52. vested all the rights acquired by the Sute under the act of Congress referred to, so far as the same was applicable to the instruction of a railroad from St. Louis to the western boundary of the SUte. in the Pacific railroad. The same act authorized the building of the "Southwest Branch oft lie Pacific railroad' ' now known as the Southwest Pacific railroad. The land set apart to the Southwest Branch road commences four miles west of the range liue which divides ranges one aad two west of the 5th principal meridian extending to the western boundary of the State, aud embraced, at the time the Pacific railroad surrendered it to the State, one million, seventeen thousand, six hundred and eighty -two acres, unsold. The " act to secure the completion of certain railroads in this SUte, ' ' which became a law on the 10th day of December, 1805, authorized the Pacific railroad to mortgage the Southwest Branch, and to include in the mortgage all the lands vested in it for the building of that road, for an amount not exceeding teu million dollars, and required the Governor to indorse the guarantee of the Sute on three millions of said bonds for building the first division of the road from Franklin to a point tweuty-tive mile west of the mouth of Little Pinev. On the 3d of March, 1S57, the last named act was amended so as to require the Governor to indorse the guarantee of the SUte on four millions, five hundred thousand dollars of the bond o! tin: Pacific railroad for tfie Southwest Branch, bearing seven per cent, interest. This was done and afterwards, by a supplemental act passed 19th of November,' lSoT. and by an "act concerning the bonds of the Pacific railroad guaranteed by the State." approved March 2, ls61, the holders of the bonds were given the privilege of exchanging them for Sute bonds. There now remains fifteen hundred aud eighty-nine of these bonds unexchanged, and they constitute a valid and subsisting first mortgage on tlie Southwest Pacific railroad, and on all the land set apart to aid the building of that road, for one million five hundred aud eighty-nine thousand dollars. By the terms of this mortgage there was reserved to the Pacific railroad the right of selling the land, an.l it was stipulated that upon the payment to the State Treasurer of the purchase money for any of the land so sold, he should join in the deed aiul such deed should constitute a perfect title to the land conveyed. The 28th section of the act authorizing this mortirsire provided that iu case of certain de faults of the Pacific railroad, the Southwest Branch should, by mere operation of law, become the property of the SUte. Default wa made, it became the property of the Sute, and was taken possession of by me the Pacific railroad yielding up all the right of redemption, or otherwise, it had ever acquired to the road and the lands, tlie State thereby becoming possessed of all the righU of the mortgages, including the power to sell and convey, free of any lien of the mortgage, all or any of the lands referred to, in the niauner provided by the mortirsire. The road now built and to be built cannot be sold bv the Sute free of the mortgage mentioned, aud the holders of the $1,589,000 UO of guaranteed bonds have a first lieu upon it for the payment'of their bonds. It was with a view to get rid of this lieu , as well as to save the State the difference in Interests that I proposed in my message at the etmauK'lieeinent of your session to consolidate all our antstandiug indebtedness into six percent bond. This could have been done before the resuiufrfion of the payment of interest, but the iiuld.;rf the 7 per eeilt bonds would not now excliani- tiiem. In tlie aI providing for the sale of this and other road passed l'.ith of February, lii6, the State assiiua-s me payment oi uiese uonus, out the lieu to tiv .bond holders is subsisting one aud cannot be aB'ected by any act to which their assent is not &iu. Tlie faith of the Sute is pledged for the fi.fTiicut of principal aud interest of these bonds sslticy fall due. 1 am informed fiUat this last named company attempted to sell abuwt 18,478 acres of land, but onlv a small portion vt' it 1 presume was sold to actual settlers. The Kjrtt;ate of the sales thus attempted to be made wa tlo0.711 25, of which about $36,0n0 00 waspaitlrvo.lhat company by the purchasers. The Atlantic and acitic railroad company had only such title as iv At. juired from General' Fremout". and he could KIT f fve such title as he acquired by his purchase drvra the Sute. The title he derived from the ifte was aubject to the lien for the seven per cent .bwids mentioned, to the lien of the State for the .purchase price which he agreed to pay for the road,ycd the land, sjid also to the lien or the SUte for .compliance with his contract to extend the road. While I recommend that protection he. afforded thv persons who had innocently and ) good faith purchased land from the" Atlantic , a, f Pacific Railroad Company, and had settloo.npon and improved the same before the 15th o(,jiaf. 1867. 1 see no propriety in relieving sjecuMLTs of any of their misfortunes resulting fitim .purchasing bal titles to land of the clai.n of the Sute, to which they had legal notice. I need not here repeat the view so ollen ex pressed as to the importance of tls r.f to Southwest Missouri aud to the interests of the aula generally. The natural advantages presents by the soil, climate, minerals and w: iter-power of the southwestern counties are atti acting thither immigration by the thousands. The people of that portion of the State are without anj means of communication with markets l'or their surplus productions: notwithsUnding this, an immigration is fast settling up the lands of the southwestern counties that are subject to settle-ment and purchase. . In the seiectiou of the land granted by the act of Congress, there was Ukeu east or Laclede county only the unentered land of thee. tions designated by even numbers within the luiit of the six miles on each side of the line of the proposed road; whila selections were made in the more western counties in better sgricultural distrieU for all the deficit in quantity, thus spreading out a belt of thirty miles in width, in which all the good land of the sections designated by even numbers, and at that date unsold by the United SUtes, was secured to aid the building of a railroad, but which wa thereby denied to the immigrant seeking a home for himself and his family, aud who was prevented from addingthe land, and the labor and capital he would expend upon it, to the taxable wealth of the SUte. I cannot refrain from ex- Eressing the belief that, if this land bad not been eld from sale and settlement by the grant of It to aid the building of a railroad, it would have been so generally settled upon and improved that the population, wealth and influence of the southwest counties would have thereby been so largely increased that the road would now have been built at least to Springfield. It is not this rrant alone which ha prevented the more dense population of that portion of the Sute. Congre more recently passed an act granting to the Atlantic and Pacific Railroad every alternate ee-tion of i&mi designated by odd numbers, for tarty mile in width, from Springfield westward; and it, too, is withdrawn from tale. . The Atlantic and Pacific Railroad bat Boating liabilities to the amount of $450,000, fl of which was incurred on account of the Southwest Pacific Railroad. Of this sum there is due to laborers, and to contractors for monev paid to laborers, upwards of fifty thousand dollars. In any disposition you may make of the road, some pro-viBion.stKMild be made for paring these contractors and is borers for work actually done. It is impossible that men of enterprise and capital will fail to see the value of the franchises of the Atlantic aad Pacific-railroad. If the route of the Union Pacific railway should di verve southward from Pond Creek to the 35th parallel of latitude, this road would undoubtedly be buirt to connect with it at Albuquerque. The land granted is unusually great in quantity per mile, and is of a valuable quality the whole, distance from Springfield to Albuquerque; and the building of this road will so materially lesea the distance by rail from San Francisco to St. Louis and New York, that I cannot doubt that it will ultimately be built. Taking into coosideratinn the small amount of wore uone oy toe Auautic ami ranar xuuiroau Company, and the amount of floating debt it is now liable for, it would appear that the company had no capital ef consequence at any time and ha grosslv mismanaged its- affairs. The whole of the work done bv thi companr in extending- the Hoathweet Pacific railroad, is estimated by competent civil engineers, to be actually worth less than iu floating debt. These evidences of want of financial ability in the management of the affair f the company, leave no hope that this company as at present organized, will ever be able to build the road or any part of it. This road should be so disposed of as to secure iU early extension to the Sute line. The act providine for the sale of this and other roads. passed 19th of February, 1866, will not admit of any person ot reasonauie aouity sccompiisuiaij the desired objoct. To iatdnce men of enterprise to undertake to build it. the terms of the contract must be so liberalized, on the part of the Sute, as to give confidence and security to capi-talisU.It is not only necessary to find parties who will undertake to build this road, but to get men who have such knowledge of the subject as to fully estimate what they engage to do, and how to provide the means to carry to a successful termination an enterprise of such magnitude. Money cannot be had for railroad bonds unless they are a first hen: and even when bonds are thus secured for a new enterprise, it is very difficult to sell them in the stock market in competition with L'nited SUtes securities aud bonds or an esublished value, which afford opportunity for investment, the safety of which requires no investigation. The parties who may engage to build the road must, in order to succeed, have the completed portion of the road, and that which is hereafter to be built, free of anv hen or incumbrance. Thi can only be dene after the $1 ,589.ii00 of out-sUnding guaranteed bonds of the Pacific Railroad are redeemed. The opportunity to force the holders of these bonds to exchange them for six per cent. Sute bonds, without doiug great injury to the credit of the SUte, is past. The under-Uking by the Sute, by the act for the sale of this and other railroads, approved February 19, 1S66, to hold the purchaser of the road harmless irom them, does not render them any the less a first hen on the road built and to be built. They become due from 1876 to 18s0. except 140, which are due in 1890, ls91 and 1892. It will be necessary to make it to the interest of the holders of these bonds to exchange them lor State bonds. No reliable party will, in my opinion, be willing to pav the Sute anything ot consequence for the finished portion of the road, aud be bound to complete it within a reasonable time. While I recommend that the road le given sway to secure iu completion, and that it be given free of all liens, I also recommend that you provide for carefully guarding the proceeds of the sale of anv bonds that may be secured by a lien on the road, and the applicatiou ot such proceeds to its construction. This can be done by the appointment of a fund commissioner, who alone shad have power to receive the proceeds of the sale of uy construction bouds, and who shall be held to t suict accountability to pay out money derived from that source for graduation, maoury and superstructure of the extension of the road, and on m other account; or the same object may be accomplished bv requiring security to be given for the completion of the road to certain points within specified time. If the Legislature shall fail to pass such a law as will enable parties of jison able abilitv to build this road: if tfie policy of holding such liens and liabilities to forfeitunes over it, as to prevent such parties from raising mooey to build it, is persevered in : then, in order that this laud grant shall no longer be a cause of preventing the settlement of the southwestern counties. 1 would recom mend the sale of all the laud granted to the State by the act of Congress of the 10th ot June, ink:. to aid the construction of a railroad irom si. Louis to the western boundarv ot the Mate; that the same be offered at public sale by the Register of Lands, and be sold at not less tuan sucn minimum price a yon may fix bv law, and that the proceeds of such sales be held by the State Treasurer to be applied in aid of the construction of the Southwest Pacific Railroad in such manner as ou may by law direct. These lands are valuable, and while thev will yield a sum which will go far toward building the road, they are not regarded auioag eastern capiulists (who do uot appreciate their value.) as surfieieut security upon which to advance tlie money necessary to build the road. Population is a greater inducement to build a railroad than vacant lands, population makes business: business creates a necessity for railroads, and always finds the mean to build them. From a personal knowledge of these lands. I estimate the proceeds of their sale at certainly not less than four millions of dollars, and believe that half that sum can le realized from them within one year, and the whole sum iu two years. It cannot be objected that this is not the manner of applying the grant to the purpose con- templrted by the act of Congress. 1 he grant is a perfect one tne liue is eompieie in me suaic. It was not a sift bv the United states. The uiiu- imum price of the lands of the United Sutes was one do.lar and twenty-five ceuts per acre: ana the act of Congress provided that all the sections designated by even numbers, should be granted to the SUte, and for the sectious designated by odd numbers two dollars and .fifty cents per acre should be the minimum price; and the people of Missouri have bought all of it at that price. They have expended $4,5iJ,0t0 in building the road, for which this grant was made. The State has also expended $7,000,000 in building another road "to the western line or the State." which was, in ract, the consideration of the crant by Congress, and is substantially a compliance with the conditions of the grant. The United SUtes cannot, with any semblance of justice, claim a reversion of this land, under anv circumstances, that may hereafter aris-. I suggest that in any disposition you may wake of thi road, there he reserved the right to the SUte to regulate the rate of charges for carrying freight and passengers; and that a penalty Ik- annexed for exceeding such rates. It Is not an inappropriate occasion to add in thi connection, that, so far as you have power over the several railroads by existing circum-sunces. this right ought to W reserv ed to the Legislature, and thus as fully as possible provide for the protection of the people from exorbitant charges on the part of these corporations, which have s monopoly of a business that might be used to the great detriment of the people. The present is perhaps also the best occasion that may be presented for requiring (inalle-ises where it legally mav be done.) of ail railroads a small annual tribute to the SUte, which would be so insignificant ia amount a not to interfere with the protiuble operation of the roads, but would, in the aggregate, ultimately grow to be a sum sufficient to carry on the State Government without the levy of any taxes on the people for SUte purposes. PRE-EMPTIONS, ft. .... ..r I'nmrrMi ni'il-inir thi. mnt Author ized the selection" by the Stale of other laud in lieu of any una to w men a pre-empnou um attached. . , , . . . , The seventh section of the act of the Legislature of the 25th ot December, 1852. gave to every person who was, on the 10th day of June, 1852, the owner of an improvement on any of the land that might be selected under the grant, the risrht to purchase the same at two dollars and fifty cents per acre: provided such owner should file, in the Circuit Clerk's office of the county, a notice to the railroad companv of such claim within four months after the selection of the l?nd by the railroad. Bv the act of the 3d of March, 155. the tasae for'filing this notice was extended to the 1st of January. 1856, and the pre-emptions were made transferable. An act supplemental to the laat mentioned act gave to persous who, before the 3d of .March, 1855. had innocently, iu eood faith, settled on any of the land so granted out-:i..rii...; mil.. a ,maMritl in th art of t 'i.n- rress the right to exchange neighboring land for f". - a t AMiml.,! 1 hia ritrht trt !kifoii -i-t - 1 1 1 puu w V" luj.h.... . .... . - - - tier sva re-affirmed by the 17th section of the act af 10th of December. 1855, entitled "An act to secure the completion of certain railroads in this State." On the 12th ot December, 1855,anact was passed "to loan two hundred and fifty thousand dollars to the Pacidc Railroad," tlie sixth section of which gave to every person who, after the Wth of June, IS52. became the owner of au improvemect on auy oi this land, made prior to .i--. a.. ,v.i aamn" riflitA ffiven owners nf sii.'h improvements br the seventh section of the act of 2. ith of December, 1832, above referred to. and g ve time until the 1st of September, 1856. to file notice of such claim. The twenty-second section of the act of 3.1 of ii -i. tdr.T il..lar.l all nlttimantd under former Jl IWl , . act giving pre-emptions, to be entitled to one nu nurea ana sixiv acres oi iuu iu . - mvkch hd been claimed . The act of I9t h of Feb-ruivrr, 1866, directing the sale of certain railroads, anu the supplemenUry act thereto. Ped March 19th., 1860, required the Pacific Railroad to ac-coa nt for and pay over to the State Treasurer all mon ey received for pre-empted lands, and d-recti d to the SUte Treasurer to make deeds thentfor. Tt re are a ereat manv or tnese claims, jiany of th e nartie have paid a portion on their land, and , oKre paid in full. Hundreds of settlers haveTl eea annoyed by apprehension of the va-Udity of the title, to their homes. I rec ommend that an act be passed uthorizing thm adi ustment of these claims under the law. by the Att arney General or some competent person to bep related Commissioner for that purpose . The Register of Land should Be required, upon the report of the Attorney General or the Com-misaioner, to prepare a patent for the claim of each ettler, to be executed by the Governor and the Sute Treasurer, on the payment into the Suu Treasury of the purchase price fixed by law, or the production of satisiactorT evidence that the same ha been paid ta the Pacific railroad. Similar provision should also be made for the benefit of actual settlers who purchased anv of thi land from the Atlantic and Pacific Railroad Company before the 14th of Jane, 1?$7. THO. C. FLETCHER. . Executive Office, January 20, 1868. On motion of Mr. BUZICK, the message was referred to the Committee on Internal Improvements, and two hundred copies ordered printed. From the Committee on Bank and Corporations, a favorable rersort on the bill to extend and establish the corporate hmitt of the town of lanron, Lewueoanty. f rdered to a third reading. From the tame committee, a favorable report on the bill to protect depositor of money and to appoint a Bank Commissioner. Postponed and made the special order for Moa-dav next at hair past ten o'clock. . . Mr. LEDERGEKBER, from the Committee on Claims, reported favorabiv on the claim of Robt. Cravton. The same was referred to the Committee on Way and Mean. Mr. HARPER, from the Committee os Road and Highway, reported lavorablv on the bill to revive the general road law of 1843 in Callaway, to far a the tame ppUe to the county of Moniteau, approved December 12, 1863. Ordered to third reading. From the tame committee, a favorable report on the bill for the repairing of road and highways in the eountr of Iavve'ss. Ordered to a third readtnz. - From the same commiuue, a bill was introduced to amend chapter 52. General Statutes, concerning public roads. Road twice bv its title and referred. Mr. LAWSON, of Carter, introduced a substi tute for the bill in reference to the taxation of docs. The bill, with the substitute, was indefinitely postponed Mr. THOMPSON offered a resolution inviting President Reed ami Professor Ripley of the State University, to deliver addresses upon the subject of education, on such evenings as mav be convenient to them. Adopted. The House adjourned to 10 o'clock A. M. tomorrow.Tlie New York Freeman's Journal which was an unqualified, undisguised, thick-and-thin partisan of the rebellion from first to last hoists the flag of Pendleton and repudiation in the following leader : The Movcmkxt for Pxxdleton. The action, on the same day, of the Democratic State Conventions of Ohio, Indiana, 'West Virginia.' and Nebraska each naming, with enthusiasm, Geo. U. Pcn.lleton for President, is significant and potent. This is, particularly, true of Indiana. A few months ago Horatio Seymour was the favorite among the democratic leaders in that Sute. At that time inquiries were made of us from that quarter, in regard to the position of ex-Gov. Seymour on the question of paying off the 5-20s in greenbacks. The public position taken by Mr. Seymour at our late State Convention, indicated how he wished to be understood. He avoided committing kimeelf. This, we were told at the time, would not do "for the stormy temper of the Northwest beggared by high taxes, and scarcity of paper currency. As we are not among the confidants of ex-Gov. Seymour, we had no right to advise him of what was going on. The Northwest, and. with it, Kentucky. Tennessee, and "West Virginia,' is, this day, one solid phalanx for Mr. Pendleton. In one or two of the most Northern Sutes, there may be some old fogy politicians who doubt this. They do not know the revolution that hasgone forward. Thvy are, in their States, like Gen. Cass was in 3Iiehi'-gau, in the Spring of 1S55, when he offered the vote ot Michigan to Stephvn A. Douglas. 'General.' said Mr. Douglas, Micblgan is not yours to give ! ' And the General round out that was the case. Michigan, (God forgive us, for we helped.) was organized for Buchanan. "There is no doubt that the announcement by Mr. Seymour that he was not a candidate for the Presidency, understood, as it has been, as irrevocable on Mr. Seymour's part, and based on reasons not to be done away with, has caused a great many friends of Mr. Seymour to throw themselves into the movement for Mr. Peu-dleton. But the great cause of the popularity of Mr. Pendleton, besides his high character, has been that he sunds as the expouent of the justice and the necessity of paying off the 5-2u bonds in the currency in which they were contracted, and In which it was promised to pay them. Mr. Peu-dleton. with his ve.y high repuUtlon as a man of untarnished personal iharacter, of thorough statesmanship, andol substantial wealth to be ai-fected by the prosperity or by the misery of the ;ountry". has thrown himself forward" as the exponent of this most just and equitable nlan of paying an objectionable debt. Those New Ehglanders who always have to find a mawral argument in favor of their stealings are 'mawrally' down on Mr. Pendleton. It is true that these scoundrels openly advocated the making of this greenback trash a legal tender for all debts incurred in gold. They considered it rery duloyal' when we told them the filthy scabs were not money, in the meaning of the Constitution. But these scoundrels pitched us into the middle of the greenback mud. We elect to ica. thnvqh it, and thus come out on the other side. We Jo nut choose to wade back at the call of our bondholding neighbors. Now that they have made gold debt to us payable in greenbacks, we will resist, to tnWxl, if necessary, the paying of greenback debts to them in gold ! Democrats in New York and Pennsylvania aje fast wakening up to the importance of this issue. A great many democratic papers in these Sutes have already spoken out. It is time that all of them should uke their proper position. We are entitled to know who are the willing sen anu of the bondholders, and who are the friends of the community of ftopla that, by the gild payment of these greenback bonds, will be reduced to the condition of bondmen ! As Governor Seymour has peremptorily refused the use of his uame as a candidate for the Presidency, there can be indelicacy in his friends making their arrangements for pwenting any objectionable man such as the bondholders will be urging for that office. Mr. Pendleton, Laving so large an influence devotedly declared for him. aud l.eiug so desirable a candidate, in the regard of all who are democraU on principle, is the right man for all to rally on. We have some reason to believe that he is, now, stronger in Pennsylvania than any other candid:-!. Nothing wore seems to be needed than to :re expression to the strong and growing sentiment iu his favor, and to organit so as to give effect to this, at the proper time, Mr. Pendleton can unite the earnest good will of the democratic party, and carry more titaiee, in the canvass, than any other man. We consider it a piece of rare good for-tuue that, for once, popularity and incorruptible principle go hand in hand.'' The first clause of the new icoustruc-tion act declares that neither iii executive nor the courts shail reeotcnize the preteudt'd state governments cres&ed ' under Mr. Johnson's military p roc lam a-j tions as valid. The onlv need or aim of! this enactment is to deprive Mr. Johnson of a pretext for involving the country in strift and bloodshed. Congress had already enacted that his psemlo State con cerns were void. Uut he lias constantly manifested a desire to override, in some way, this determination of Congress. To prevent any future efforts to do so. Congress makes further opposition to its laws on his part so distinctly and palpably criminal that, should he attempt it, impeachment would become the inevitable remedy. The second section places the five military districts under the command of Geu. (rant, but in no wav disturbs the pre vious and necessary suliordination of (ien. tlraut to the President, or interferes with his supremacy asCommander-in-Chief of the Army and Navy. The third section repeals those clauses of the reconstruction act which authorizes the President to appoint civil officers at the South, and authorizes the General of the Armv to appoint them. The fourth section forbids the President to use the armv and navy iu defense of the abolished provisional governments.The fifth section renders any person who interferes with the orders of the Generral-in-Chief liable to punishment aa for a high misdemeanor. The firui stand taken by Congress inspires confidence that the Union will speedilv be restored on the basis of equal rights for all loyal men. If duly persevered in, the President will be found a less formidable obstacle than he has seemed. A hnchplor editor, sensitive in relation to his right3, objects to taking a wife, throngh fear that if she should have a i babv, his cotemporaries, who habitually i copy without credit, would refuse to give ! Aim" the credit for the baby. i General Meade's order relieving Gov. Jenkins Co. from the cares of office seema not to have attracted the notice of the "conservative" journals. Yt hat can be the matter ? LZTT0VS 14X3 LKJOEE 8YITXX. .This an ifiTetitkm for assessing real estate ; wtthotit compiling it erery year, byN. 31. Lctton of Lexington, Mo. It appear? to : 1st. Secure the senient of all real estate, and thereby increase the revenue; ; 2d. SaTe half the cost of books ; Sd. Eeduce the cost of copying ; the tax book more than one half. : 4th. Preclude the necessity of the sectional system ; - 5th. Afford officers and citizens with a true and comprehensive situation of all real estate at a single glance ; 6th. Present a perpetual chain of titles for all time to come by figures ; : 7th. Save the cost of transcripts of deeds. i As we have 'received many inquiries concerning it, and as we understand the inventor proposes to by it before the Legislature, we give tlie following dis-cription of it. The fignre refer to Lafayette county : 1. The Ledger is compiled or posted up, from the last assessment, by placing the real estate onoite the owner's name, by describing the estate b sections, lots. c. with a column to the right called the srautor"-. column; to the right , of the latter is a margin left for transfers, deeds, mortgages, ic, which are made by the countv recorder, as soon as such instruments are tiled iu the office. The Ledger being placed in his custody, as soon as completed, he is required by law to make such entries, lor which he is paid . and for which duty he is placed uuder penalities. This exhibits alltransfers, mortgages, icon every person's real estate on the ledger. All the accounts on the ledger will be entered in alphe-betieal and numerical order. If A No. 1 sells B No. 2 a tract of land or lot, the same is canceled on A's account aud charged to B. with the No. luinexed, referring to whom B, purchased (A being No. 1.) If B -lls the same to C No. 3. it is canceled nnli's account, and charged toC, and the No. 2 annexed, showiug that C bought of Band B botifflit ol" A. and so on. By tins arrangement, a perpetual chain of title will be kept up for all time to coine by numbers. The entries will be made by the county recorder, as required by law. 2. The county assessor will only be required to assese personal property, notes and bonds, take the amount of improvement on real estate not repairs , the last year past. 3. After the assessment of personal property, 4c. , the board of assessors, being the justice of the countv court, countv surveyor and assessor, and countv clerk.) Uke the ledger and assessment, and" make out the tax books. The t tal value of real esute, notes and bouds. stocks. io.,re-spectivelv, are placed in one line ol theux boot, instead of taking .our or five lines t,on the average1 bv the present svstem. T he collector will onlv be required to give a receipt for the amount paid bv the tax paver, on real estate notes and land, stocks, ic. .'respectively as the ledger will be the evidence in law. ol the real esUte paid on. The asesor" s book w.llbe reduced two-thirds iu size, as all of the tax payers' personal property, 4c. , can be listed in one line. 4. Connected with this sy.teiu is a proof sheet of the original entries ot laud and town lots. The board of assessors will compare the land, 4c., posted in the ledger, with this proof sheet, and place the number of each real estate owner's account, opposite the tract, Ac, on the proof sh-iet, which will prove all the taxable land. 4c. , Is listed or not listed, and if twice ormore.it will also exhibit that fact. By this prool sheet, rou can determine the owner of any real estate In the rountrv, if vou know the number of section. 4c. It "will also secure the taxation of all real esute" to a certainty. f. The savins to the counties and State, by this system, consists in ttie exclusion of the old style of asses-sing the real estate and abstract of deeds every vear. the reduction of the size of the books two-thirds, which will be a large amount eery year. The cost of the last assessment of :hi court was as follows : I. 1000 names . 25 II. luo names .ft 20 III. Citxa) mimes Register Books. Ac Copying ux book Abstract of deeds Toul The ledger sytcin will t;ivc I. 1000 names i? 10 1 1 . 1000 names u 8 III. 3n0M names (it 5 . J250 00 2O0 IH) . . 45o 00 . . 3W 00 ... 1U 00 . 200 OO ... 100 00 tl, 675.00 $! t Ml li) . . 150 00 $;l.3oo oo Assessor's pay Register Books, 4c Copying ux book In i, isi 60,00 100.00 340.00 Toul ... ;to.uu showing a balance off 1,000 in favor of the ledger system. After the proof sheet is made up, the counties will have no use for another, and will dispense with the present registry, under the law. to be made every vear. The advantage of this system to county officers and citizens is of vast value. If the sheriff has a levy to make, he has only to turn to the account of the debtor in the ledger, and there see the real estate subject to levy by execution. If the county court wants toloau school money on mortgage, the legal title of the borrower is een in this way. If aa individual is interested in the lesral title of real estate of any claimant he has only to look at the account of claimant and there see it, without examining the record at much uncertainty. The pay alio wed the assessor, under this sy 'stem, is greater than bv the old, as the assessment of the personal property can be made in one month, having only to visit the townships on given days say- three days to each when the Ux payers are required by law to make return of their lists. These are the facts and advantages of the system. If our law-giver esteem economy and retrenchment, and shall consult the convenience of the community, it seems to us, they will adopt the svstem, and pav the author liberally, as the plan will save the State over a million of dollars, by the estimate of the author, and this and other States at least twenty millions during the term of the copy right. EOT HOVEL. The Loudon Review finds it difficult to solve the problem why the ladies should write hot novels. If we were to accept those singular ravings after broad shoulders and mustaches as indicating a general feeling existent in the modern female mind, it would not raise our opinion ot the sex. The way to look at the matter, however, is this : Women write fur men just as they dress for men. Those books so full of Inarticulate murmuring after seducers are intended for the use of males. They represent the compliment wuu&.the feminine part of English human nature pays to the masculine portion. We are luraaented at the opera with as much of the form of beauty as beauty can venture to display with a safe cons. i. nee, and in our studies or the club-i).tiis, where Mudie is in requisition. w- can get glimpses of U ,uio.3t .scciot recesses of the heart as it burns with the tire of passion, ami leaps in tits iMi.l stin t., i 1 1 1 positively scorching tlaim "f guilty affection. For in a h.i imvcl the love must be imptopt r; it i 1'j'tiiiii to speak of if not improp.-r. The I'm t ol its being adulterous impart- t it a reli-h of which the fair writer i.i vrr for a moment allows vou to pass over; -he commends it on that score as sirontrly asa host commends his wine. In the ilays of Fielding or Smollett, passages of this sort invariabiy I...I ti. lii-.- i-oiiseniiWicPH. and th ntl':ii' was over without auy exhibition of ttie line art of unchastity, which consists in dwelling for three columns upon the brink of a moral cesspool; but now we have changed all that. Hot novels are constructed upon a different principle. Coarseness might repel ; vou have the snake without its rattle. Ve have also introduced blasphemy as a new feature. Courage,accordintrto rr. Johnson, is oue of the first of virtues ; if a people do not possess it, it is supposed they have no securitv for keeping any other. The compiler of hot novels has courage enough to defv deceucv and religious scruples in the same breath. A heroine places hell on one side and her lover on the other. This must have a tine effect on the grow-iuo-romantic intellect of the period. A vo'un la.lv or a gentleman interested in a woman "vibrating between damnation and a sensibility for other people's husbands, must acquire, withont knowing it, a noble regard for duty aud similar weakness. We do not mean to say that hot novels are intended as food for young stomachs, or that the writers are bound to supply pap; but we merely indicate the circumstances, and may venture to assert tbat even adult persons may be slightly shocked at finding in a book de-linotia criticisms side by side with pious associations.