H. No. 58; A bill to repeal the charter of the German Bank of Wooster, and appointing special commissioners to take possession of

its assets.

The Senate met pursuant to adjournment.

Mr. Spangler presented the petition of John Panabaker for relief, with the accompanying papers; which was

Referred to the standing committee on Claims.

Mr. Thomas presented a petition in favor of the erection of the new county of Wabash; which was

Referred to the standing committee on New Counties.

Mr. Taylor presented a petition from citizens of Fallsbury township, in the county of Licking, praying for the establishment of a school district; which was

Referred to the standing committee on Schools and School Lands. Mr. Van Vorhes presented a certified copy of testimony on file in the supreme court, in the case of Ralph Bingham vs. Esther Bingham; which was

Referred to the standing committee on the Judiciary.

Mr. Van Vorhes, also, presented a petition from Peter Bebee in relation to the Federal Creek toll bridge; which was

Referred to the standing committee on Corporations.

Mr. Harris presented a petition from John Jeffrey and others, praying for the passage of a law to legalize the acts of said Jeffrey as a justice of the peace; which was

Referred to the standing committee on the Judiciary.

Mr. Clark presented a petition from citizens of the county of Lucas, praying that a bounty may be granted on cocoons and reeled silk; which was

Referred to the standing committee on Agriculture, Commerce, and Manufactures.

Mr. Hazeltine presented a petition from 39 stockholders, and 55 other citizens, for the passage of a law to appropriate, for a limited time, the proceeds of the tolls on the Dayton and Western Turnpike

Road to the payment of the debts of the Turnpike Road Company; which was

Referred to the standing committee on Railroads and Turnpikes.

Mr. Bartley, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 55, to restore Leonard L. Bush to his legal rights and privileges, made the following report, which was agreed to, and the bill

Ordered to be engrossed for its third reading on Monday next: The standing committee on the Judiciary, to whom was recommitted bill number 55 of the Senate, a bill entitled "a bill to restore Leonard L. Bush to his legal rights and privileges," have had the same under consideration, and now report:

It appears that Leonard L. Bush was convicted of the crime of Grand Larceny, in the county of Morgan, in September, 1839, and sentenced to the Penitentiary of this state, for the term of one year; that shortly before the expiration of the term of his imprisonment, application was made in his behalf to the Governor, for a pardon in order to restore him to the rights of citizenship. It is stated by sundry memorialists, that prior to said conviction said Bush sustained a good moral character; and that since his discharge from the Penitentiary, he has behaved, in all respects, as a good and orderly citizen. It also appears from the statement of Wilson Shannon, the Governor, that upon the application made to him he determined to grant the pardon, and for that purpose signed a blank pardon and directed it to be filled up, but from some inadvertent omission it was not delivered over or recorded.

As a general rule the committee are opposed to all special legislation of the kind sought for by the petitioner. The 4th section of the statute for the punishment of crimes provides, "that any person sentenced to punishment under that act, except for the crimes of manslaughter or duelling, shall be deemed incompetent to be an elector, juror or witness, or to hold any office of honor, trust or profit, within this state, unless such person shall receive a general pardon from the Governor, in which case he shall be restored to all his civil rights and privileges. This disqualification is imposed as a part of the punishment, and for the reason that the convict is presumed to be an unfit person to exercise those rights and privileges. As a general rule for the legislature to interfere to restore persons, who have been punished under the sentence of the court, to their civil rights and privileges, would be very little different in principle from an interference, by a special law, to discharge a convict from confinement in the Penitentiary.

The case presented by this petitioner, is, however, founded upon different ground. The Governor had become satisfied that the peti tioner had reformed, and was not an unfit person to exercise the rights of a citizen, and that that part of his punishment which consisted in the disqualification ought to be remitted; and a general pardon was

actually granted, but by inadvertence it was not received, and did not become valid in law.

The committee, therefore, recommend the passage of the bill.

Mr. Waddle, from the standing committee on Roads and Highways, to which was referred the petition of sundry citizens of Gallia county, for the establishment of a State road, reported the same back, asked to be discharged from the further consideration of the subject, and that the petitioners have leave to withdraw their petition; which was agreed to.

Mr. Holmes, from the standing committee on Corporations, to which was recommitted Senate bill No. 50, further to amend the act entitled "an act to incorporate the town of Milan," passed February 23, 1833, reported the same back without amendment, and recommended its passage; which was agreed to, and the bill

Ordered to be engrossed for its third reading on Monday next.

Mr. Holmes, from the same committee, to which was recommitted Senate bill No. 57, to incorporate the First Presbyterian Church of Grand, Marion county, reported the same back without amendment; which was agreed to, and the bill

Ordered to be engrossed for its third reading on Monday next.

Mr. Bartley, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 36, to amend the act to abolish imprisonment for debt, and the act amendatory thereto, reported the same back with, one amendment; which was agreed to, and the bill

Ordered to be engrossed for its third reading on Monday next.

Mr. Holmes, from the standing committee on Corporations, to which was recommitted Senate bill No. 54, further to amend the act entitled "an act to incorporate the town of Salem, in the county of Columbiana," reported the same back without amendment.

On motion of Mr. Holmes,

The bill was laid upon the table.

The following bills were read the second time, committed to a com. mittee of the whole Senate, and made the order of the day for this day, to wit:

S. No. 65; A bill to amend "an act to provide for the election and resignation of Justices of the peace," passed January 31, 1831;

H. No. 52; A bill to incorporate the town of West Rushville, in the county of Fairfield;

H. No. 54; A bill to incorporate the First Regular Baptist Church and Society in Napoleon, Henry county, Ohio;

H. No. 58; A bill to repeal the charter of the German Bank of Wooster, and appointing special commissioners to take possession of its assets.

The following bill of the House was read the second time, recommitted to a select committee of one, and Mr. Walton appointed that committee, to wit:

H. No. 50; A bill to lay out and establish a graded state road, in the counties of Harrison and Guernsey.

The following bills of the Senate were read the third time and passed, to wit:

S. No. 51; An act to confer the exclusive authority of changing the names of persons, upon the court of common pleas;

S. No. 14; An act to authorize the trustees of school section number 16, in Hopewell township, Seneca county, to lease said school lands;

S. No. 46; An act to incorporate the Presbyterian Church of Cross Creek, in the county of Jefferson.

Mr. Mitchell, agreeably to previous notice, introduced a bill (S. No... 66,) to incorporate Steubenville Lodge, No. 45, of Free and Accepted Masons of Steubenville, Ohio;" which was read the first time.

Mr. Hostetter gave notice that he would on to morrow, or some subsequent day of the present session, ask leave to introduce a bill to incorporate "the First Congregation of Disciples at Fulton, Stark county."

On motion of Mr. Henderson,

The Senate resolved itself into committee of the whole, Mr. Taylor in the chair, on the orders of the day, and after some time spent in the consideration thereof, the committee rose, and reported back the following bills:

S. No. 58; A bill declaratory of the forty sixth section of the act entitled, "an act relating to wills," without amendment.

On motion of Mr. Van Vorhes,

Recommitted to the standing committee on the Judiciary.

S. No. 59; A bill to amend an act entitled, "an act to incorporate the Portsmouth Dry Dock and Steamboat Basin Company," passed the 9th day of March, 1839, with amendments.

On motion of Mr. Latham,

Recommitted to the standing committee on Canals.

On motion of Mr. Ford,

The Senate resolved itself into committee of the whole Senate, Mr. Thomas in the chair, on the orders of the day, and after some time spent in the consideration thereof, reported back the following bills:

S. No. 61; A bill to vacate part of the state road running from the south east corner of Trumbull county, to New Portage, on the Ohio canal, commonly called the "county line road."

Ordered to be engrossed for its third reading on Monday next.

S. No. 63; A bill to amend the act entitled, "an act to amend an act to incorporate the Stark County Mutual Insurance Company," passed March 27, 1841.

On motion of Mr. Spangler,

Recommitted to the standing committee on Corporations.

H. No. 52; A bill to incorporate the town of West Rushville, in the county of Fairfield.

On motion of Mr. Spangler,

Recommitted to the standing committee on Corporations.

H. No. 54; A bill to incorporate the First Regular Baptist Church and Society, in Napoleon, Henry county.

12-S. J.

On motion of Mr. Barnett,

Recommitted to the standing committee on Corporations..

H. No. 58; A bill to repeal the charter of the German Bank of Wooster, and appointing special commissioners to take possession of its assets.

On motion of Mr. Holmes,

Recommitted to the standing committee on the Judiciary.

Message from the House of Representatives. Mr. Speaker:

The following bills have been reported and read the first time, to wit:

A bill (No. 110) to lay out and establish a graded state road in the counties of Monroe and Washington;

A bill (No. 111) to vacate a part of the state road leading from Cincinnati, in Hamilton county, to Bethel, in Clermont county;

A bill (No. 112) to incorporate the Monumental Methodist Episcopal Church of the town of Eaton, Preble county;

A bill (No. 113) to incorporate the Rector Church, Wardens and Vestrymen of Zion Church, in the town of Dresden, in the county of Muskingum;

A bill (No. 114) to provide for the improvement and repairs of a certain county road, in Hamilton county;

A bill (No. 115) to incorporate the town of Port Jefferson, in the township of Salem, in the county of Shelby;

A bill (No. 116) to authorize the levy of an additional tax in school district number two, in Brown township, in the county of Ashtabula; A bill (No. 117) to amend an act entitled, an act to incorporate the town of Lebanon, in the county of Warren;

A bill (No. 118) to lay out and establish a state road in the counties of Delaware and Knox;

A bill (119) to incorporate the town of Pleasant Valley, in Madison county;

A bill (No. 120) to confirm and legalize the name of Joseph A. Roof..

The following bill has passed the House, to which the concurrence of the Senate is requested:

H. No. 59; A bill to incorporate the Chagrin Falls Mechanic's Library Association, in the county of Cuyahoga.

Attest:

GID. M. AYRES, Clerk.

The bill of the House was read the first time.

Mr. Thomas, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 22, for the punishment of certain crimes and misdemeanors, reported the same back with sundry amendments; which were agreed to.

On motion of Mr. Walton,

The bill was laid upon the table.