The Senate insisted upon its second, third and fourth amendments to House bill No. 56. Message from the House of Representatives. Mr. Speaker: The Speaker of the House has signed the following bills, to which the signature of the Speaker of the Senate is requested: H. No. 70-To incorporate the First Presbyterian Church of Liberty township, in Delaware county; H. No. 162-To divorce Esther A. Creain from her husband Andrew L. Creain. Attest. GID. M. AYRES, Clerk. The Speaker of the Senate signed the above enroled bills. Message from the House of Representatives. Mr. Speaker: The House indefinitely postponed Senate bill No. 1, to repeal the act entitled "an act to amend the act entitled an act for the regulation of Turnpike Companies," passed February 8, 1826. The House have passed the following Senate resolutions: A resolution in relation to the appointment of certain appraisers; A resolution in relation to Lake Scipo. The House has passed the following resolution, to which the concurrenee of the Senate is requested: A resolution in relation to Claims of Platt and Co., and A Backus. The House resolution was referred to the standing committee on Claims. Message from the House of Representatives. Mr. Speaker: The following resolutions of the Senate have been passed by the House: A resolution in relation to the Goshen, Wilmington, and Columbus Turnpike Company; A resolution in relation to the appointment of certain appraisers; A resolution relative to the Milan Canal Company. Attest: GID. M. AYRES, Clerk. The Speaker laid before the Senate a communication from the Governor, announcing the resignation of Hon. F. Grimke, one of the Judges of the Supreme Court. On motion of Mr. Spangler, The communication was laid upon the table. On motion of Mr. Root, The Senate took up House bill No. 296, to divorce Julia J. Spencer from her husband Daniel Spencer. The question occurring on ordering the bill to its third reading, the yeas and nays were demanded; which being ordered, were, yeas 18, nays 16, as follows, to wit: Yeas-Messrs. Aten, Bartley, Clark, Crowell, Godman, Goodin, Harris, Holmes, Hostetter, Latham, Mitchell, McConnell, Perkins, Ream, Ritchey, Robbins, Taylor and Wade-18. Nays--Messrs. Barnett, Carpenter, Dewey, Ford, Hazeltine, Henderson, Nash, Root, Sill, Spangler, Stanton, Thomas, Van Vorhes, Waddle, Walton and Speaker--16. to: So the bill was ordered to its third reading on to-morrow. Mr. Henderson offered the following resolution; which was agreed Resolved, by the General Assembly of the State of Ohio, That the Secretary of State is hereby required to draw an order on the Clerk of the Court of Perry county, in favor of the Clerk of the Court of Muskingum county, for six volumns of Swan's Collated Statutes. The following bill was read the third time: S. No. 152--A bill to provide for paying the temporary liabilities of the State, the interest on the State debt, and for other purposes. The question occurring on the passage of the bill, Mr. Clark demanded the previous question, on sustaining which, Mr. Bartley demanded the yeas and nays, which being ordered, were, yeas 22, nays 10, as follows, to wit: Yeas-Messrs. Barnett, Carpenter, Clark. Ford, Foos, Goodin, Harris, Henderson, Mitchell, McConnell, Nash, Perkins, Ream, Robbins, Root, Sill, Spangler, Stanton, Thomas, Van Vorhes, Wade and Waddle-22. Nays--Messrs. Aten, Bartley, Crowell, Dewey, Holmes, Hostetter, Latham, Ritchey, Walton and Speaker-10. So the call was sustained. The question recurring on the passage of the bill, Mr. Holmes demanded the yeas and nays, which being ordered, were, yeas 20, nays 13, as follows, to wit: Yeas--Messrs. Barnett, Carpenter, Clark, Dewey, Ford, Foos, Godman, Goodin, Harris, Henderson, McConnell, Nash, Ritchey, Robbins, Sill, Spangler, Stanton, Thomas, Van Vorhes and Waddle--20. Nays--Messrs. Aten, Bartley, Crowell, Holmes, Hostetter, Latham, Mitchell, Perkins, Ream, Root, Wade, Walton and Speak er--13. So the bill passed. Ordered, That the title be as aforesaid, and that the House be informed thereof. 35 -S. J. Mr. Walton, on behalf of himself and others, gave notice that on to-morrow or some subsequent day of the present session, a protest would be entered on the journal against the passage of Senate bill, No. 152, and the manner of passing the same. On motion of Mr. Robbins, The Senate adjourned. Attest: THOMAS J. MORGAN, Clerk. THURSDAY, MARCH 3, 1842. The Senate met pursuant to adjournment. Mr. Nash, from the standing committee on Schools and School Lands, to which was referred a resolution to inquire if any amendments were necessary to the school law, made the following report, which was laid on the table: The standing committee on Schools and School Lands, to which was committed a resolution to inquire if any amendments were necessary to the School Law, to secure, to all interested, free access to the public schools, while the public moneys were being expended, report— The committee have examined the laws upon this subject, and believe that no amendment is needed to secure, to all interested, free access to the public schools, while the public moneys are being expended. The first principle of our common school sys tem, and which pervades the whole system, is, that the schools, supported by the public funds, shall be open and free to all. Any other principle would defeat the very intention and object had in view in raising the common school fund, which were to af ford the means of a common school education to all the youth in our State, whatever might be their condition in life. No one can be excluded on any pretence whatever. While the public money is being expended in the payment of a teacher, no scholar within the district can be excluded from an equal participation in its benefits. But there was found to be a difficulty in the operation of the first law; if there was not a sufficient amount of the public money to continue the school for a proper length of time, there were no means of compelling such as might wish to continue it, to pay their due proportion of the expense. To remedy this inconvenience, the seventh section of the act of April 1, 1837, was passed. That section provides, that where the public funds are insufficient to support the schools as long as the directors desire to have the same taught in any one year, the residue thereof shall be paid by those sending scholars to such school, in proportion to the number of scholars respectively sent to such school, and the time they shall attend the same. This section does not. when rightly considered, conflict with, or alter, the prior law. It has another object in view: to authorize school directors to -continue a school for a longer term than the public money would allow of It, therefore, cannot apply, until such time as the pub-" lic money has been expended; from that time, the directors may compel payment from those who continue to send their scholars. This construction of the section is rendered absolutely certain by the proviso attached to that section. It is there expressly provided, that all the youth shall be admitted into such schools, without charge, so long as any portion of the public money is being expended therein. Whatever of doubt the first portion of this section might have thrown over this question, the proviso has cleared away, by a direct, positive, and unqualified assertion, that the school shall be free while the public money is being expended. What then is the law? It is this: If there is not a sufficient amount to employ a teacher for such time as the directors may wish, they may employ their teacher for such length of time as they think profitable. For that portion of time paid for out of the public moneys, the school is free to all; for the balance of the time, a charge against each scholar attending may be made, and its collection enforced. No scholar, therefore, is bound to pay any thing who does not continue his attendance beyond that portion of the time paid for out of the public money. This is the reasonable construction of that section in connection with the prior legislation upon this subject. The committee, therefore, believe that no modification of the law, in this respect, is demanded; and they recommend that the resolution be indefinitely postponed. Mr. Goodin, from the standing committee on Schools and School Lands, to which was recommitted House bill, No. 96, to authorize the sale of school section number sixteen, in Union township, in the county of Hancock, reported the same back and recommended its postponement until the first Monday in December next; which was agreed to. Mr. McConnell, from the standing committee on Canals, made the following report; which was agreed to: The standing committee on Canals, to whom was referred the memorial of Joseph Herrold, praying for damages sustained by the construction of the Hocking canal, report the same back, and recommend that the same be postponed to the first Monday in December next. Mr. Harris, from the standing committee on Claims, to which was referred House resolution relative to the claim of Platt, & Co., and A. Backus, reported the same back without amendment, and recommended its adoption; which was agreed to. Mr. Harris, from the same committee, to which was referred House resolution relative to the claim of Jacob Harper, reported the same back without amendment. On motion of Mr. Spangler, The resolution was postponed until the first Monday in December next. Mr. Nash, from the standing committee on Schools and School Lands, to which was recommitted House bill, No. 51, to authorize the sale of the residue of section sixteen, in Richland township, in the county of Jackson, reported the same back without amendinent, and the bill was, Ordered to its third reading on to-morrow. Mr. Nash, from the same committee, to which was recommitted House bill, No. 150, to authorize the sale of school section number sixteen, in Clinton township, in the county of Lucas, reported the same back without amendment. On motion of Mr. Clark, The bill was laid upon the table. Mr. Ford, from the standing committee on Railroads and Turnpikes, to which were referred the House amendments to Senate bill, No. 67, reported the same back, and recommended that they be concurred in; which was agreed to. Mr. Bartley, from the standing committee on the Judiciary, to which was recommitted House bill, No. 214, to repeal an act entitled, "an act to incorporate a company to construct a turnpike road from Columbus, to Sandusky City," passed January 31, 1826, reported the same back with sundry amendments. The question occurring on agreeing to the following amendment of the committee, to be inserted in the bill as section two. Fourth amendment: Sec. 2. That George W. Sharp and Andrew H. Patterson, of Delaware county, and Edgar Gale, of Franklin county, be and they are hereby appointed commissioners, and N. Medbery, of Franklin county, surveyor, to lay out and establish a graded state road to commence at Columbus, in Franklin county, to Sandusky City, in Erie county, as near as practicable on the line of the road heretofore known as |