{ title: 'Binghamton courier. (Binghamton, N.Y.) 1844-1849, March 25, 1846, Page 1, Image 1', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn90066556/1846-03-25/ed-1/seq-1/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn90066556/1846-03-25/ed-1/seq-1.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn90066556/1846-03-25/ed-1/seq-1/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn90066556/1846-03-25/ed-1/seq-1/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: New York State Library
/ - - WHMKjMIKD m » T W lM inO lT, a i m t i n i , i n A d t a l l M . cvsev 1 --'• • O m c * a t J. R. Ortun '1 B o u u r o tt HATES OF ADVERTISING. O m (y u i i one week, - - . . three weeks, - » ’-■ ,* *? 1 JM f , - - - Half aDletan 1 year, - - — Eh(ti««liiiin 1 year, — — — Frofenaional Card* not exceeding 10 linen, {^TLegiUdrertiiemenli it the rate* allowed by law. ELECTION NOTICE • • - SherifPs Office, Broome Co. 1 - February 3d, 1846; | fOTK?E is hereby given, .hat'pursuant lo the I: provisions of the atjt entitled ‘ An act recoin a t s i i n r a .Convention of the People of this State,’’ pesa d May 13,1845, andin pursuance of a notice Medved by nie from the Hon. N S. Benton, Sec- retary-of State, acopy of which is hereunto annex-; ed, an eleetion will be held in the countv of Bnome On the last Tuesday of April neit, to choose o n e delegate to the'Convention to be held pursuant to. the provisions ol the aforesaid act and the eertifi- •eiebelow recited. jGSEPft BARTLETT, r«,t. Sheriff ofBroome Co. 7 STA T E CONTENTION. # S T A T E OP NEW-YORK, jjL w e , tve Secre Wry of State, the Comptroller, ana the Treasurer ofthe said State, having formed a\Board of State Canvassers, and having. in conformity to the pro visions of '.be act entitled “ An act ricora \reading <K convention of the People ot this State,\ passed May 13,1845, canvassed and estimated the-whole number of-voces or ballots giVenfor ahd Vgainst'he Midl proposed “Convention,” at a1 General Emo tion “ E q u a l P r o t e c t i o n t o a l l C l a s s e s . ” — - J a m b s K . P o l k . Y O L . V I I I . N O . 1 . ] B I N G H A M T O N , N . Y — W E D N E S D A Y , M A R C H 2 5 , 1 8 1 6 , g W H O L E N O ; 7 5 % PROPOSALS FOR THE PUBLIC PRINT ING.—Pursuant to the provisions of the act cn- i “an.act to provide lor the public priming,” pa&sed March 5tb, (846, the undersigned hereby propo: i, held it give notice that they will receive sealed proposals, until the 7th day of April next, at 4' o’clock in the afternoon ol that day,for executing the printing for the Senate and the Assembly, for the Comptroller, Secretary of State, and Sunt, of Common Sch<]bls, Attorney and Surveyor General, Commissioners of the .Land Office and Canal Fund, tbe Ban Icin ^De partment, and all other printing for any and eqery ol the State offices for the term of two years. _ Separate bids will be received for the prihtiijg to be done for the Senate, Assembly or public oflfces, or any portion of the printing torthe-ptiblic of The whole to be performed in the same style of ex ec u' ion asto type andpaper, as thatnow. lurniihed. The proposals,should state the price per thous and ems for pJain'composition, confining the potation to the lines of printed mat er: Als in the sard state on the fourth day o f No vember, inthe year 1845, a c c o rding to Iheryertified rtatVinent* o f t h e satd'Votes o r ffaftots re*4|ycd by the Secretary of S tate’in the m a n n e r directed b y the said act, da hereby Determ ine, Declare and C'-rt.fy, that the whole num b e r o f votes or ballots f iven under a n d by v irtue o f th e said act, was two undredand iorty-seven thousand, o n eh mad red and seventeen; that of the said num ber, two hundred and thirteen thousand, two hundred and fifty-seven votes o r b allots were g iven for the said c o n v ention% T h a t o f the said first m entioned num b er, thirty-0 three thousand eight hundred and sixty votes o r ballots were given against the said convention. A n d it a p p e a ring “ by the said canvass that a m a jority o f t h e voles <?r \ballots given as aforesaid are for * c o n v e n tion,” the said canvassers do further C e rtify a n d D e c la re, that a Con vention of the Peo p le ofthe said S tate-willbe called a c cordingly; and that a n election for delegates to the s a id convention w ill be held on the last Tuesday o f A p ril, in the\ y e a r 1846, to meet in Convention H the Capital i ir the* c ity o f A lbany on the. first M o n d ay in June, t846, pursuant to theprovisions of the a foresaid act ef th e L e g h latu r e . €hvit:>r u n d e r our hands, a t the Secretary of State’s Office, in the city of Albany, the twenty-sixth day ofN o v e m b e r, iri tha y e a r.of o u r L o r d o n e thous- ' ahd eight hundred and forty-five, i- N. S. B E N T O N , Secretary ot State: A C . FLA G G . C o m p troller B E N JA M IN EN Q S , T reasurer. S t a t e Or NEW-Ydbx, ) 1 c e rtify the precedingtd Secretary’s Office, f'be a true copy of an origi nal certificate of the Board O fState Canvassers on file in this office, Give* under my hand and seal of office, af tSe city ' o f Albany, the'twenLy-sixth dav ot November, i i tbe y e a r ot o u r L o rd one thousand eight hundred and forty-five. N. S. B E N T O N , Secretary o f State. S tate o r N ew -Y ork , Secretary’s Office. - A lbany,January28th 1846. T o the Sheriff o f thfe County of Broonie. S ia—N o tice is hereby given, that p u rsuant to the ! ►revisions o f the act entitled “ A n act recommend- ng a Convention ofthe People of this State,\ pas sed M ay 13,1845, an election will be held on tfie last T u e s d a y of A p ril n ext in the several cities a n d eounties of this State, to choose delegates to the tponv ntion to be held pursuant to the provisions o f the aforesaid a c t and the certificate above recited. T h e num b er o f delegates to bp' chosen in the ceum y o f Broome will be the sam e a s the num b er • f m em b ers o f Assembly from the said county. Respectfully yours, 45 ;T ... N . s ; B E N T O N , Secretary of State. TM O R T G A G E S A L E .—Mo rtgagpr Joseph H e r- ' ' ‘-JV A v V y , .M origagpe Ransom T h u rston; M o rt gage dated A u g u st 21, 1841, recorded in Broome county c le rks office Oct. 5, .184%, in book of m ort gages No. 10, p ages 41—2. Amount uow due §254,- 40 D e scription of mortgaged premises: A ll that piece of land in T r ian g le Broome couniy, being iorty acres in lot num b e r iwentytwo of the first township ofthe C h e n a n g o T riangle bounded north erly a n d westerly by the boundaries o f said lot, southerly by the road th a tr u n s a longthe p a r to f said lot form erly owned by Jacob Spaulding, easterly by a line to run northerly as near at right angles with said road as the shape ot thal forty acres and forty acres Cast o f it w ill perm it, (for a m inute descrip tion see said m o rtgage or the record of sam e.)— Said m o rtgage w ill be foreclosed by a sale ofsaid prem ises at p u b lic auction on the 16th day ol'M av next a t 1 o’clock P . M. at the hotel kept by Reuben F ish in T r ian g le aforesaid. February 18,1846. , RA N S O M T H U R S T O N , Mortgagee. L e s t e r Chase, Att’y. 48tds O T IG E .—In Pursuance of an O rder of J . R. D ickinson, Surrogate of the-county of Broome, notice is hereby given io a ll persons having claims against the estate o f Epliram Davis, late o f Union fit said county’ deceased, to exhibit tfie same with th e 'v o u c h e r s thereof to t h e undersigned, at bis dw e lling ho se in Union aforesaid, on o r before the 8 th day of May nexi. Octob.’r2 9 ,1845. O L IV E R R U S S E L L , n33-6m Adm inistrator. A D M I N I S T R A T O R ’S N O T I C E . P U R S U A N T to an order of lhe Surrogate of the county o f Broome, notice is hereby given to all persons having claim s ’against J a red M Cham berlain, Iaie of Lisle in said cutnty, deceased, to exhibit tbe'same, with the vouches thereof to the u n dersigned, a f his dw elling house in Oneonta, in tbe county o f Otsego, on or before the 25th day of Au gust 1846. Dated Feb. 1!), 1846. B R A D F O R D C H A M B E R L A IN , 49-6m A d m inistrator. ‘ \ ADMINISTRATORS NOTICE. P U R S U A N T to a n order ol J o h n R. Dickinson, Surrogate of the county of Broom e —notice is hereby given to a ll person’s who have claim s a- gainst the estate o f H e n ry K n o x , late .of 'W indsor in said county, deceased, to exhibit? the/same with the'vouches thereof, to the under dgned a t ihe dwel ling house of H e rm a n R. T y r rell In' Colesville in said county, on or before the 17th day of June next. Dated December 13,1845, H ARR IET KNOX, HERMAN R. TYRRELL, LEV I M A N V IL L E Jr. A d m inistratrix 39m6 and Adm inistrators of’said deceased. om- the price for paper, press-work, which is to include foi ding, stitching and pressing, for six hundred .copies, and the price per one hundred for any additional number which may be required; each page of leg islative documents to contain as near a s oractica- ingblank pages from the computation. Tbe nrlceot composition for rule ahdfig * l»e> gu re work should be stated separately ; and the computation of the number ofenis is tote cpnfined to the face of, the table and mejuroredby the space actually occu pied by it. ^ Th«.prpp.*sal& may refer to the tables contained iff Assembly Doc. No. 4, of 1846, from pages-63 to 94 for shch of the rule and figure work as can be brought within the compass of the ordi nary pages of .legislative documents. The price for composition, press-work,-folding into the docu\ ment of which they form a part, and stitching of ta- b’es in sheets, to be stated separately fr.om the rule and figure work set up in pages. The. bidsToe printing the bills of the Senate and Assembly should state the price per page for com position in pica type, r e c k o n i r g only the space oc cupied by the printed matter, and also press work and paper for 250 Copies ordered by either house: The paper to be cap writing paper of a quality e- qual to that, used ior th e S e n a t e in 1846,. and the | work in ali respects to be executed in the same, manner. The lines in each section ofthe bills to be numbered, and with sufficient space between them for in.erlihing words. The proposals will also state the .prit-e- for print ing 312 copies of the journals of .the Senate, and a like number of copies ofthe Jou rnals of the Assem bly, on paper of quality equal to that now used, and in small pica type. The proposals will specify the pri'-e per page, each page to contain not less than 1538 em s , and to include paper, press-work, fold ing, stiiehing, covering and binding in boards wiih leather backs and corners, iht ee hundred copies ol) each of the Journals of the Senateand Assembly. Samples ofthe blanks and othar prin ing required for tbe public offices and the canals, may be seen atl the Canal Department, and the other departments; and ihe propo*sals may slate the price by the hun dred for blanks of the specified kinds. For all printing in pamphlet form for any ofthe State offices, or for circulars on cap or post paper; the proposals should state the price for 1000 ems for composition, restricting the estimate to the printed lines, and sep a r a t e l y the pricefor paper and press- work, tolding and stitching for 100 copies, and tor each additional hundred required. ... r PKINTING AN1) BINDING SESSION LAWS. Sealed pip p o s a l s wiil also be received until the 'day and hour above mentioned, for one year, I Of mating and publishing sixteen hundred copies of lie session l a w s of this .s ale, to be executed on siin- ilar. paper and with similar type as those heretofore published; aud it is to be understood thal should the egislatu re requ re an extra number of copies to be mblish'jd, they will be pri nt ed and furnished by thie contractor at the sdme rale now required to be printed, TJ'XECUTOR’S SALE —Notice is. hereby given ■*-* that the undersigned, Executor# &c, of Elias Jones, deceased, in pursuance of an order ofthe Sur fogate of the county oi Broome, will sell at public auction, at the Phenix Hotel in the village of Bing- Vinton, on the 28th day of March next at lOo'cioek, A. M the following described real estate of the said deceased, to wit: The north half of lot No. 2 in Bingham’s Patent on the north nidc of the Suequc- Jbauoah river hi Conklin, bounded on the south by a ‘line commencing at the Susquehannah river at the centre o( said lot No. 2 and running thence easterly through tiie centre of said lot—said north half suppoa. .md. to contain 103 97-160 aerea of laud be the same more or leas- Said north half has a dwelling boose thereon find about 30 acres under improvement, ant will be sold subject to a mortgage thereon of about $725. Also the north half of tbe south east quarter of lot'No. I In Randolph Patent, containing 42 1 2 acres of land/more or Jess, being the east half of the as me parcel conveyed, to the said Elias Joasa by Par don W. Dels mater and. write by deed dated. Nov, litb 1842. recorded in Broome aonnty cierfcs office in book of deeds No 35 page 33—said .parcel ie unimproved. Also 40 acres in the sooth west corner of lot No. 85 Tbomas’ Patent, on the south side of th# SosqiMhso- ®»h river, bounded west by the Patent line, oneth by landr of Ears Carrier, east by lands of Maty Gardner - aodiaorth by land# of Ahn Lewis, about 6 or 7 iarcs of Mid paroel w onder improvement Febrnary 9lb “ JAMES 1 . BERKALEW^ - * * * - RICHARD W. JONEg, . T t ™ E/MUtOM. riD E B A N D S K IN S r-Tke bli Dfcrii W u rrtnd Leather store, : ^Jppoeiteth^FheaHrBDi^ #.w jer copy as the numbs tie p< d,Shall be agreed to be ex-, ecuted. T h e proposals .o designate the price per igniture lor the work, and the price p«r volum e )br binding. 1 PUBLICATION OF LEGAL NOTICES.- _ Sealed j roposals w ili also b vreceiyed until the day and hour before mentioned, lor printing and lublishfng on c e in each week,- in a pubii>: neWspa- ier 6 be printed in the city o f Albany, all notices now by law required to b e ' publislied i» the State paper, or which may herealter be required lo b e mbjished in the newspaper •\‘elected by v iitu e o f ihe irovisions o f the act above-named. T h e proposals will staie the price pei ibtio of one hundred words, con ain vd in any .such notice, for the first insertion, andaiso tbe price per folio for each subsequent tin-? sertton. T h e person o,r p ersons to whom ll e prin ting and publishing o f such notices shall be award-, ed w ill be required to execute good' and sufficient SJCU ' ity in a bpnd to the'people o f .the slate o f New. Y o r k ,toth e satisfaction ol the Comptroller and Secretary ofState, for the faithful performance oi such printing and publishing, it is to be under stood that the person or persons, who shall enter in to a contract to execute such printing and publish* iog, shall furnish the usual p.- o o f thereof to the per sons requiring the service to be periorm ed, wiith- oui any additional charge therefor. T o ev,ery proposal or bid, for the performance;o f 11 or any portion of the printing and publishing a* Dove specincdirilpre must be annexed a vnaram y subscribed by a guarantor x»f sufficient-ability, that he person or persons, m a k ing such bid igill, i f the sam e be accepted, e n t e r itflo a contract a c c o r d i n g to the terms thereof, aud g ive the security reqniired by law in such case, within ten days from the time he or they shall receive notice o f ine acceptance o f his or their b id ; an to every such guaranty there must b e annexed a certificato o f the Secretary < f State, Comptroller, Attorney General, Treasurer, Surveyor G eneral, or the first Judge o f the coupty where the guarantor resides, that the guarantorisa m a n o f properly andable to makegood his guaranty. Each proposition w ill be sealed up, with the guar anty, and directed on the outside, “ proposals for A s sembly printing,” or, “proposals for publishing l e gal notices,” or for any other portion o f the print ing embraced in this notice, a s the case m ay be'; and when thus sealed up'and. directed, the proposi tion should be. enclosed in a sepevate.envelope,. and directed to the undersigned or either o f them.—A l bany, M arch 10, 1846. A. C FLAGG, Comptroller. 52w3 N . S. B E N T O N , S e c r e t a r y o f State. . ADMINISTRATOR’S NOTICE. P URSUANT ta an order made by J. R. Dickin son, Surrogate of the coun’y oi Broome,’No tice is hereby given to’all persons who have claim- against the estate of Duncan McArthur, deceased, to exhibit the same, with the vouchers thereof to the undersigned, administrator &c. of the said deceas ed,at the office of H S Griswold, esq: in Bingham ton, in said county, on or before tbe 29ih day of Ju ly next. Dated January, 24 h-1846. 45m6 ALFRED COOK, Administrator. . N E W G O O D S , N E W G O O D S ! \ s r s m ; C H. BULKLEY & Co. have just returned • from New York with a splendid assortment of Fall and Winter Goods which they are now of fering to the public as low as can be found in any other Establishment in town. Among whieh are Broadcloths, Cassimers, Sattinetts, Vestings, dress Goods of all descriptions. American English and French Prints of all styles and qualities^iogether with every article usually called for in’a Dry good store. • In theCrockery line we beg leave ta say that opr assortment is Targe and that we arcnot to be under sold bjr any ci our neighbours. Read* Made Clothing-kept constant ly on. hand aad seDing at such prices that customers caff not Produce of all kinds taken in .exchange for Good*/ ' - ' ’ *■ f3r Clothes Cut or Made toordef nut he shortest notice and Warranted. Dontforsret the name. C. H BULKLEY A Co. BiaghamtoifOct. 97th 1845. TO THE LADIES IT Received a new and keeutifui assortment _ offaney.aniclev'eomffrishjg.SteerOirnamentril anAtaie^ shell twjsf Comlw, Steel ,B«gT Clasws, Pavss^immings.Beeds ftc. at * 4 H O l S i « ) ^ E m p o r i n m o f IAdrioit. LA W S O F # E W .¥ O B K . [B j A u th o r ity.] ■ f [E v e r y la w ,. iinle** a diffV-rent lim e shall .prescribed J h erein, sha I com m ence and ipke effect throughput the Stale on and not before ' the‘twentieth day after the day o f its final pas- ’ sage,ns-certified by the Secretary of Slate.— B e e 12, title 4 ,chap 7. part I, Rev. $tat.] [E v e r y Law so published hy him ,(i.he Stale Printer.) may be rend in evidence from Die paper ilt which it sfinfl be contained, in all coilr*s o f ’j vt!*«ice 'in ihi« S t i l e , and in all pro ceedings before any officer, body or board, in wbich .it shatl be' thought necessary.to refer thereto, until three months after the close o f Die 9e«sionin which it becam e ’aJaw .— S e c . 8, title 7 , chap.8, part 1, Rev. Staf.] c h a p . a a . ’ ■ Ait a ct to amend t h e - “ act iff punish the prtv enrement o f atmrtion, and for other purpo ses,” passed May 13th. 1845. . Passed M%rch 4.1846. The People o f the Stale o f Ne%e- York, repre sented ih Senate and Assembly? do enact ns foi* tows : § 1. Every person who shall administer to any woman .pregnant,, with .a quick child -or ijrescribe (or any stich wom a n , or advise or 1 procure any sri'ch woman to take an y niedi- cfne. drug o r substance whale v er. or 'shall use .or -gmpipy ’g)ny. instrument or other means, Jffitb intent .thereby to destroy surh child, un less the same shall have been *neces«ary to pr»>- srrve'Die'tife of such mother, shall iff case the d«alh o f such child or o f such mother be tbere- btj prml icedrb'J deem ed guilty o f manslaugh ter in the. second degree. 2, The first section o f chapter\260 o f the laws o f e ighteen InindietT Hiid forty-five. en- Itrled “ an a d to-pfi'uish th’e procuVemeni o f abortion, and foe other purposes,” -is hereby repea L d $ 3 . This act chail take effect im m eciatelv. State o f N'rie-Yotk, ) I have compared the pre-' Secretary't Office. ) ceding with* the otigihal IffWpn file in this office, and do i-.ertify that the .same is n.correcfjranscript therefrom and o f Die whole p f the said original. ) ' N. S. BENTON, Secretary of Stale. • - Chap. 8 4 . , An Act to P r o v id e f o r tffV P n fflle P r in t in g . . ' ■ Bas-ed .Vfffrch 5. 1646 The. -People o f the. State-of New- Yprk, repre — seated in Senate and Assembly, d6 enact a t ful-. lows'- , § L The a d entitled ‘‘ At: act lo provide for the public printing,*’ passed January 21, 1843, is hereby repeated.. ■ . $ 2 , Theprinttng,f(ff* the senale and as«embly, for.the coinplr- secretaiy. o f «tate. attorney ahd Surveyor.G eneral, com missioners o f ibe land office aud caiiat fund, the banking depart- m e n iv aiid atl at tier printing for any and e v e r y o f the state officers, shall: hereafter be done as. follow s: The Comptroller and Secretary of Slate shall give at least t ivenly days notice in IW ontddic newspapers, publijbed in each sen-' ate d iu r id Tn this state that th>y Will; on or before a day to be specified in /aid notice, re-, ceive seated proposals /o r the printing: prftv5- ded to he done under this section, for two years, lo be performed in the same style’b f ex- ecution as m tyiie’andpaper, as ilia! lieCetofinre furnished; and tijgl Diey w ill .receive leparale bidsTqr the printing to he d'Mie for Ibe senate., assembly, and public offices, nr any portion o( the printing lo be done for ihepubtic offices^ af fh« e*pir»ii(iB^if which time-they shall open said proposals, and etdei into a contract or contracts with such person or firm as shall . make tbe lowest offer or bid (o do such print ing. and shell give «nciniiy in a bond to i h e ’ people of tbe s late o f New-York, to the salts*1 fnc’ion of tb** com ptroller and secretaVy o f state, for Ihe faithful performance of big. Of , their contract, which con tract shall continue , in force for two years from the'time: o f making lire same. ' [ 3. The secretary of slate and com p troller shall anmiallv issue proposals for and receive bids a» provided in section tw o of this act, for the printing and publishing o f the session laws: and they shall, Oil receiving such pioposals, enter into contract with the person or persons who shall make the. lowest, hid. and iffrnish ’ sufficient seenri y for the perform ance.of the sam e ; and ihe legislature may, by concurrent restitution, require an cSlfa number o f'copies to be published, to be sotd under tfie direction of the secretary o f slate al an advance-net e x ceeding ten per cent, on (lie original cort ; and the distritmliou o r tbe said law s lo the «ever»l cnun'y clerk’s offices shall be made within 60 daysattei lhe adjimrnment of the legislature. § 4. Atl notice* now required to bff puh- lislied in the *tat.e,paper by any law ol,this state, or which may be so required herrafier lo be published, shall after the provi-ions o f tins law take effect, be published as follow s; The state officers, who by tliisact are authorized to 7 make c o w i’HUhfor the other public priniing in lh:s act provided\ for, shall at the same lim e au d io the tamp manner as in this act before provided, issue proposals and receivi'Ifffiled bid' H5 lirrtiinUplorR proyidnd, for the priming. a n d |iiib l i s I u n u o n r .e in e a c h w e e k in a p u b l i c . newspaper to be printed in lhe cily o f Aihgny, of all nolioesnow hy Taw required io b e pub lished in (tie state paper, at so much for each a n d /ev e r y folio’ cqnsisiiffg o f one, hundred w o rd s cnn!aified.in any su c h notice. And the -state officers aforesaid, shall, by a certificate to be inade and signed by 'Item and filed to gether with all the bids in t h e office o f t h e com ptroller, give and award the printing and publi-hing of all notices mentioned in this sec tion, to such person or persons as shall make the lowest bid for the same by the fotio afore said, ahd who shall execute good and suffi cient security in a bond to the people o f the state o f New-York to tbe satisfaction o f t h e said stale officers/or the faithful performance, of such printing and publishing; and the publica tion of such notice’s, by the person nr persons, in the 'newspaper to be published by him or them, shall have tbe same effect when given in evidence as has heretofore been given by law to notices published in the newspaper printed by the state printer. And the said person or persons to whom lhe'printing o f ihe notices provided for.in this section shall,be awarded, shall charge and roceive from the person or persons ordering the publication thereof,.dhe prices stipulated in Iheir contracts with the state officers aforesaid, and no more. § 5. The com p troller and secretary o f sfa»e shall- immediately after making and fiUngtheir certificate., in tbe preceding section provided for, publi-ili in the preseat slate paper a copy of »och certificate. § 6. To any bid made under any o f the pro visions o f this act, there shall be* annexed a guaranty subscribed by a guarantor o f snlfi- eien t ability,’that the person m a k ingsuch bid w.ili, if tbe same be accepted, enter into con tract according io the terms thereof, and give the security required by law in such case, with in the rime specified for that purpose in' such n o t ice; and to evefy snch guaranty, a ce.nili- gate shall Tie a n u e x e d .of the secretary of si ate, comptroller, attorney general, treasurer sur veyor general, or the fir*t judge o f the r.own'y where'thegwaiyintor resides, that Ihe guarantor I s a man bf property and able to make good hie gnarantv. ' 4 7. AD.noticesaad advertisements requir ed bv law to be pnbtishiMl in the state paper, the linblicalioii of trhich has been commenced or ordered before tlwr designs tton of the p*r- son-or persons it* ll»e fonrth vection of thisael, mav be cofftinaed in Mid stale paper, and ba nsMlidgs if thisael bad not passed. 4 8 All laws which.are ine.on>Malenl with (he provision«of this »ct, are hereby repealed. 4 9. TWoBce df stala -printer to hereby a- bolished. , . ,, 410 .' Thl« apt ehffll take eff-et toaaMdlaleTy. - mf tf-tm-Y^rk, > I have compered the prt- Secretary's OJfict S ending wKh the original fmw on file in this office, and do certify that the aame is a m»rree»: Irammrtol 4 lM efrom ..aad o f lkn.veh<ale e f tbe said ortfieal. * \ . i OF NEW; YORK, O n t h e O r e g o n ^ u e s t l d h , DELIVERED IN THE SENATE OF THE UNITED S T A TES, Feb. 24 * 25,1846. Mr. D IQ K IN S O N ihen rose and addressed lhe Senate on the special order of the day—tho joint reaolutiofi qf not ice; and the am e n d m e n ts thereto. H e epoke as follows: . . . Mr P r e s i d e n t : % T he qnesijon which tan) now about to discuss jn some of its most iuter* estiuq and important relat ions, is one which deep ly concern^the well being pf our. political and spcial system. Though apparently, coiifined to ap exteiisiveregion of country on our western, border, it spread* far beyond where human vi<-. ion can peuejfate, and rises above, all physical considerations. - To understand it ad^quareiy in all us bearings, and enable ourselves to. judge of it dispasiioftateiy acrorditig toitg great tovriis, i{ is nrcwsiiry -we ahoold.. trace back the patbway pfci.vili.zai ion. and Yarn something of the act ion ahd moti ves of those connected with its earliest history. Towards the close of the fifteenth cen tury, we find the Portuguese engaged in.exam ining the coast of Africa in a southerly and east erly direction, in the hope of finJing a passage io the Indian ocean, in which they were stimu luted by tb^ bull of Pope Nicholas V. as/igning tp Dtem thtj rights of conquest, sovereignity, and. trade exclusively, in pagan lands which tbey might tlisceyer in tha; direction ; and after.the return of cWlunibus fiom his first voyage, ./the united sovereigns of Spain obtained alike affth- orny, from; Pope Alexander VI, for all lands and sens which they inig^t discover in the west, not before discovered or occupied by a Christian prince or people. Under, this extraordinary, but at that lime reco^nizemauthority, the sove reigns of Spain and the king u Poitugal-r-t wo of the greatest maritime povversof E urope—framed what they were pleased to calUhe ‘ partition of the ocean,’’by drawinga line 371) leagues west of the Cape De Verd islands; and resigned ali tjtat n A e i i n n M tfit/illA rioel hr 1 tn 'D / > .« r t n a l an.-l dpatii an extraordinary which sought hs devejbptneni in .geographical di>covei'y, ferritoria! acquisition, atld the promo tion of physical science, A even indulging a mor bid superititroh m the prosecution bf its idle va garies. ' jn 1512P6nce De'Leoit a SpaaiaVd of birth arid lortune, iri three vessels, fitted out at his own expense, while cruising among the new ly discovered islands, seeking fur thit spring so long desired by the Orientals, whicff was to en due with perpetual youth all who b«thed in its waters, discovered Florida. Balboa governor of Santa Maria, a Spanish colony'near Darien, whilst searching for an ocean in the weff/whosff* shores he believed to be paved with gold, after tntich sriffering. privation, and fdtigue discovered the Pacific1, nnd entering into it# water*, pro- claimed, with outstretched swotd, that he look possession of il in the name ofhis Ring and mas -1 ter. In 1520, Magellan a Portugese'iii the sffrViee oi Spam, discovered the straits bearing his name through which he sailed into the ocean discov ered by'Balboa, and which he’named ihe Pacif- ic; by reason of-its peaceful bosom About this' time Mexico, which was discovered iri -15IB; was conquered, and Spain became the wealth) esi nation of Europe, aud prosecuted for a time her discoveries, explorations and coriquesto, par- ticulary upon the western coast o f North Amer/ ica. From the time of the discovery of this o cuan up to 1810, Mr. D said -he had collected fiom all tiie sou/ces within his.reach a connect ed history of the title to the Oregon territory.— It would however occupy more, time than be had allotted to himself on this occasion to g a thiougti that histoiy in detail * and he had great plensute ip passing over it. since the able, and excellent 'commentary onihal branch of the sub jtci.by his colhague, (M l Dix ) He would therefore content himself with a little inorethan a mere, allusion to a few historical facts, not for the purpose of tracing.the history, but of present ing tHe'points ft'oii) which his deductions would bedtawn. .To all such as wete kind enough to listen to hi* remarks, and lYho should honor him. by fMfling nny rppoit oftl)t*m, ht: would say that he s h o u l d relieve th e m of a l t inference* a s t o c o n c l u s i o n s ; a n d , t h e r e f o r e , w h e n s p e a k i n g of Oregon, he desired to be understood as *pyak ing of lhat region-of country bordering oh the Pacific, bounded'on the south by latitude 42 de greesrp and on the north by 54 degrees 40 min utes. He iritended ’.o show clearly what were the rights of the respective parties; and not be- iieving thqt any Christian nation, much -ie.*s England, would go to war for even a profitable wrong, and not proposing to give up a right if she should, he should discuss the ques'ion with the same freedom as though it were the custom of naiions to resort to a court of justice for their uliinta ratio, instead of the field qf .battle Territory might he acquired by a nation in nmong others by treaty, by conquest, by .discovery, or by contiguity. Trea ty and conquest explained themselves. Discov ery, in jig gene t al sense, .was described as foi lows, in a treatise on international* law, by Mar ten, profqssor o f law in the uoiversity of Gottin- gen: _ “From the moment'a nation has taken pos session o fa territory in right of first occupier, aoi with thq design to establish themselves there for the tulure,.they become tb# absolute and sole piopietorsof it, and all that it contains; ant have a light to bxclude alhother nations from it, to use it and dispose of it as they think prop er; provided,.bpwever, that they do not, in any wise, encroach jon the rights of.other nations ‘‘T h e case |s fiutjiitle diffi-rent, strictly speak ing, when, ip right of legiiimate conquest, a h tion seizes on a territory which is ceded to it at the peace.” ’ Mr. 0. said, it is a general* principle that the dij.covery ofthe leading geographical features of a territory is a discovery of tbe « hole. The discovery ofa river, either of its mouth or heat waters; j* a discovery not of the river merely, but of the territory drained by it. and if ibe terri •ory have natural or political boundaries, the dis coreiy embraces the entire region limited- by them. Ip this’ case the political boundaries o the territory, being defined ; no-question can a rise on that point [.and we' have therefore only to add irss ourselyesipthe question ofthe title to the particular reciioo of countrv. ’ .Contiguity may come io aid of discovery; and when the discovered territory is contiguous to the possese- ioOl Of thoae making- ripthe title »• thereby atrengthened. and discovery of in iff' inferior eharaeter will be sufficient Even eontigaiiy wiU c a r r y iiUe: wi^opl'^seiwrf rji; 'if, es#iqn of the teryilqay ffe. OHfessaty to thu inter- est aqd convcoieo^i of tha adjacent . power, an<J no other power aril! be permitted to take poss esion. Under tbj^se general rules, ibe law of nations—f experience has Suggest ed, and religtaff; morality, and civilization have approved, asstgi«fbe teriitory to the govern ment Which she,!| di*cover it as, the reward of its enterprise. -NhrffOes a subsequent, more per- Lct, and .m inuted^overy supersede the^first.— The first discovery*; alt hough it may not be mi nute and compete.—although it may not ascer- tain all the geographical features of the country -—yet if it hayt|aiRSrtajned the leading features, then it is a discovery of the country, and .carries with it a f | t hei^#aff|ai»s of a .perfect discover j*. ThaugHj$eipiipyt^||. should follow, it need not immwdiatp||||tf^c^i)'#eovery. But there must >ean interit to-follow U*pthe discovery by occupa- tioa. It l« a qrire’ioa;o|inient—-of good faith Aad that q > ie r ti o t ijB « ^ ^ ^ i ^ b y aaexamination of they c a D be #flfceitaiBeil ;f and hence the aflusiori. to the circumstances which preceded the discov- ery o/ thi® territory. It i* opt contended that thepapai a,uthoriiy \conferred s any title. But it wasat that time, and wiih that people, recogniz etf as authority-—as the highest authority in Eu ope, and therefore shows tha* ja discovering, exploring, and taking possession;! they believed they hnd UDe, and intended to occupy, and al though it is.no title of itself,.it cotffes iu aid * of, and IbrDfies ibe-title by discoverv,i-shows lhat # t' ’ I • the discovery was not accidental, bin that, every movement relating tn it was the posniveand effi- cient act of sovereignity. In no^ insance from the period when the Spanish first. Imided on its shores—from the first expedition authorized by the government— was there an actexcent under its.authority and.sanction.-. As early as 1543, the explorat ion 'of the coast was commenced ,\v ilo he viqw of exercising sovereignty - over the terv itory. The first large expedition. Which thej( ilanned was in 1540; but by reason of a muti ny in the Mexican. provinces il failed. Tha next was in 1543. by. Ferrelo, who explored at ar north as 43 degrees.. The next was by J r . an de Fuca, who discovered the straits which now bear hi# name, in . 15)92 As this voyage and this disco Very, has been questioned, he would trodffce an authority which he trusted would not be disputed by any who advocated theJBrit- ish title on this or the other side ofthe water,-— The authority to which he referred vvsts the London Quarterly Review for 1816* In speak* ing of this territory, and of the yoyage of De ?uca, the reviewer remarks as follows: “His reaj name was Apostolos ValerianUs,— T h e story told to Mr Michael Lok,- consul for the Tu/key merchants at Aleppo,* wasn plain and no'doubt.a true.one—-that he was plundered in n Manilla >hip off Capie. California, by ffne Candish, (Cavendish, who states his having ri^ni) fi Greefc-piloi, iff or.e of ihe ships he plun dered.) an Englishman *'-that he was afterwards zent by fhe vice ray ofMcxiCo to discover, the rtiait oLAnian, but <>uing to -a mutiny .inihe squ tdrqn he returned; that in, 1599 he was a gain ser.t on this discovery; that he entered a strait between 47 deg. and 48 fdeg. of la'itude, and sailed above twenty days iff re broad sea; and that, opposed by savages clothed in skins, he ret timed tq Acapulco., The* Lie Bishop of Sat- isbu ry, ret}»errinrtisc,r<kly^ has pronounced’t h is siory of De Fuca the fabric of .■ dm posture;, for the ink was scarcely (dry which transtnitted to posterity this hasty opinion, when the sirait, and the sea, and tfie savages, were, recognized by Meares and others, in the very spot pointed out by the old -Greek pilot; to whom ? modern geog raphers have rendered tardy justice, by assign ing the strait.be discovered the name of Juan de Fuca. -t-r i ‘ -- This was a high if pot a conclusive author ity, publYh&t in London thirty years ago, un dertheeye.of the British ministry, where it would have been co'/ectt'd, doubtless, if erroffi pus; for in.all,(hat related to ppr foreign poli cy Great Britain had no diyisioris ■ - Next was the expedjitpo; of Vizcaiano in 1603. He. explored: as far as 43 degrees, and then saileJ for Madrifl, .for the purpose of ob taininq liberty to return and establish settlements, and gar/isons upon tha territory. He obtained this autboi ity iini retumed. havinor been prom Led by Spain mvaris to - sustain the. settlements which h« should-make, and dbid in 1608, tis he was about statling'UItOR bis enterprire. From aboutihis tiiue, hovvever, Spain.for nearly a cen turj- and a bulf suspended the further prosecu tion of her explqia'ions and discoveries. . She was then '.orn by intestine broils and cabinet in trigues,and was at wrer at times,.with almost every nation of E urope But after the peace of 1763 hi-r energies revived, #nd she resumed the ex ploration of the co ist; and for the purpose of do ing so with greater vigor and expending her set tlements, a distinc* department, called the marine department of Sari Bias, was established in Mexico, which wg*‘ especially charged with discovering, exploring, and.taking possession ofthis territory on the northwest coast, showing her cqiiiinued.determinatioff to maimffiQ Her pa sition. which had not. been changed there from 1603/0 1774, no other power haring^et up any clairii Or ffiude *any pretention whatever to any po i tipffj hereof. A t th is t i me Perez undertook hi# voyage,charged to piqreqd as far as 60 deg. and to explore the coast. He reached as high as 54 degrees and anchored in the bayv*after wards-ascertained to be Noot ka. - In 1775 Heceta and Quadra were directed Io the 60ih paralell,:affd thence to explore south ertv and take possession Heceta niade land a' 50 degrees. and returning discover' d, but coult not enterthe Columbia. Quadra reached 56 degrees, and returning explored between 45 deg. and 42 degrees. * Jn 1787 Martinez was sent to ascertain the character of some Russian settlements which were forming near Prince William’s sound, at about 6 0 degrees, which Spain seems to have considered her limits. He returned ar.d re ported xbatsuch settlements were encroachments upon the Spanish territory; and it was made the subject of remonstrance bv Spain to the «n press of Russia, who-returned for answer that she had directed her subjects not toencroach upon any part of “Spanish America;” proving that this great power, holding adjoining territo ry; recognised this as the possessions of Spain Martinez learned tbat two Russian ships were fitting out. and, as he underwood, destined for Nootka. and hence hit Voyage to Nootka; under tb# orders of his gaverhment, to take absolute possession, and- establish a settlement, smd e- W a fbrtification, which be did. y and while there for this purpose he seized end condemned the eeaeehfof Mearss, wbtch ddpeulty lcd »o tbe Nootka cooveotiori. Abort th is« n « Ap# «BHMi>dtd by C^puio Gra reaa/reffing voyage in th e P s c ific, 4;«eeA io the islandof JuareFernandff*; and the Jpu iish officer in chergff of ihe island was cas^ered becaure be did oOtrerif*e her and her crj®i|for traaing. where Bpaia cfoimed the eXcleaite right-*provftig the jeffifotisy:.wjlh wjlfch Bpafo regarded any m c m c k a m s upon tbat which she claimed before the world as bef iawfol/pfftsessioQ. Nor had any otber .power at this time pretended to claim o*r exercise any jut iFliftion whatevor upoo thistef rifory. Bpairi had taken possession pi the whole coast, and bad. exercised every act of sovereignty which she was capable of exercmng over asav* age region. H e r officers had erected Crosses-— performed masses; had declared in the name of the sovereigo, that they took pqasesaion: and if they-^id not execute n complete chart o f tbo coasf aHid territory, all the leadipg features Were defined and had. been natffed by the directid&tof the Spanish goveromtnt, who, belieViigY^W?^- w’as€««»p»oper tn bestow :the names ofjforsohs upon localities, hndrelmost exhausted the ffamet ofthesainls in her calendar. Iff 1800 sho flHtb Louisiana, and ihis Whole territory was contig uous to her Louisiana, Mexico •ndLCelifornia posessions. This, then, was i f o ttlfo of 9pai(l in 1800 : having discovered e m y .lendm g geo.; graphical ft-ature i^ lhe plored it— procfefolfod her sovere»ffia(ll«*bY^f it-—• expelled others frarii it and, bttvi^pfoced dfof*: stiff in a position before.the w o ri^fs its grtRere nor by tfl? exercise of-evffry posstbfeJkct of/-sov ereignty, shorj of aciuivl’ occupntioM, w hich At that day was impractj^kfo Itv^fgQfl Sfmin .irafwfored IjQuirianq western 4>ouDdaries,andthu^)trtt^^^SpiAtstl> tffle a t that iimff., . ^ ^ . The claim of our government was as fol)ow#l In 1788, Gray and Kendrick, of Bostsm^un1* der sea fetters from Congress; went iipqn. ff %|*.- diog voyage to the Pacific. Gray discovered.^ the Columbia, but could not enter it. Both eff*'^ tered and sailed in the straits of F uca ; wintered, in Nootka,-andspent thefollowingsummer thero and along the neighboring coast. In 1792. Capt. Gray returned in the-ship Co lumbia, and sailed up the Columbia twenty miles— naming it after his ship. In 4 8 0 3 France transfered lo Our government Louisiana, with undefined westerly boundaries, as she had received it front Spain ; under which transfer, as well as the discovery ofthe Colum bia by Capt Gray, this territory w as claimed J and Mr. Jefferson, undet^ the authority of Con gress-in 1805, sent a com p a n y about filly men, under C a p tains Lewis and Clark, to explore and take possession. In 1805 Lewis and Clark entered upon this expedition. They reached the mouth of the Columbia iu the autumn of 180 5 ; erected a butldingihere, which they named F ort Clatsop; remained there during the winter, and thence, tracing the river upwards, crossed the mountains,, and returned to tho States. In .1808 Mr. Ilenry, agent of the Missouri Tur Company, erected trading establishments Upon the Lewis riyer; and id 1810 Mr* Astor, tit tbe head of the Pacific Fur Company, erect' ed Astoria, near the mouth nf the Columbia.^— This was taken by the British in 1813, during the iast War, and was restored under the treaty^ of Ghent in 1818 *, in 1819, Spain, insisting that the Oregon territory was not .transfered • to France with Louisiana, assigned us any rights shq might have there above 42 degrees. This presents the American claim, our gov. ernmeui having fixed the dividing line on ihff north with Russia at 54 degrees 40 minutes^/ Great Briiain, for discovery, relies upon tlm voyage of -Sri F rancis Oruke, ^w ha visited i-hre Pacific in lfi^S—-the voyage ofthe great circumr naviga'or Capt. Cook, in 1778, whojoqehed at Cape Flattery, near the strait^ of Fuca;and an* chored in Nootka-^-that of Meards in 1788, who sent a boat into ihe straits of Fuca, .but did .not enter—that of .Vancouver in 1792 —and thjrt discovery of the head waters of Frazer’s river by Mackenzie in 1793 ' - go far as Great Brjain relied on the more perfect discoveries of her navigaiers. it might be- worthy of rernatk that this could not apply Iff John Meares, who figured so largely in the-hiak tory pf h.er pretensions. This ubiquitous per- sonage was at Nootka a land speculator and: dealer in furs; at sea a Portuguese captain, and sm u g g ler; in London a lieutenant of the British navy; and, a s to his extreme accuracy,- he’cruised along the northwest coast, where the Columbia enters the ocean by a mouth seven miles wide, and declared jhere was no such riv er there as the Spaniards pretended. H e prid? ed himself greatly in (exploding their discovery oi /a river there which tbey called the St, Roque; and, tojjgnalize his'geographical triumph, h# named the bay “ Deception,’’ and one ofthe cape* at the mouth of the river, opposite to Asioria, “ Disappointment.” Vancouver, it was true, did, m a k e a more accurate examination -of the COftSl j but he did it after that coast had been previously surveyed, snd. with the charts o fFerefand Gregp in .his. hand. Yet be too declared fh at G f i y was mistaken; that there was no river ther# nor stream of any kind, unless it might \be a brook; .But Gray and Heceta had both discov ered the river, and Gray a few .days after went again to the spo>, entered the river, and sailed up its main channel for some miles; staying there some eight or ten days. How, then, could it- with truth be said that Vancouver’s explorations, though later, were more perfect than those .of the Americans and Spaniards? .Much stress was laid upon the discovery .of Frazer’s river by Mackenzie; but he bad no au- i.hori’y from his government; warea straggling Indian trader, and accidentally struck its head waters, and, after tracing it upw a rds o f two hun dred .nfile?, left, jr, reached th e Pacific far north of it, being at na lime south of 5 2 ° ; and the point o f -coast where he reached the Pacific, as well as the region at the mouth of the river, had been discovered long before, though that particular river might not have been seen. She admitted ibe priority of the Spanish dis coveries, hut insisted that her own discoveries were more perfect; but a more perfect exami nation and survey of what was already known gave her no title as a discoverer. , He would take up these British discoveries and examine them in order. The voyages of Cook and Vancouver alone were undertaken by order of the Briiish govern ment, and even they were undertaken for other objects than discovery. As to the rest, they were the voyages of mere cruisers, and their dis coveries, if any. were purely accidental. Drak# was a sea-robber, a buccanier, cruising not only against the Spanish possessions and settlements, but against the commerce of the world. Y et ®uch was the morality of tbecou/t of Elizabeth lhat she tolerated a pirate and homicide like Drake, because bis deeds were supposed to be qf advantage to the realm.. However, as no reli ance was placed by the British government oo the alleged discoveries of Drake; h e would pasa them by. , The next was Capt Cook; but he was not employed on a duty, of this kind. In proof of ibis .Mr; D„ would refer to the occasion of hia «n4 Iff Ms specific instructions. : Ja 1745 tbe Parliament ofrGreat Britain o t fofed/a reward of J620.000 sterling to the discov- erffrfffre nerthMrest passage through Hudapo** bay[ .Afiidia 1776 she made « :H k i offi* ai •.-50- £
