Newspaper of Burlington Free Press, December 6, 1839, Page 2

Newspaper of Burlington Free Press dated December 6, 1839 Page 2
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Writs of otlochmcnt may issue agninsl I tho Bonds, chutlcU or cs'atelijf the defon hnt, and (ur wnnl I hereof, ngn tost Ins body. 3. Original writs elm 111 bo signed by n judge or clerk of Ihe court to winch they are rcluriioblc, or bynjudgaoflhntupromo court, or a justice of Ilia county in which they nro returnable. 4. All judicial writs shall bo signed by n judgo or I ho clerk of tho court to which they nro returnable. 5. No writ nf summons or attachment requiring any person to appear and answer before any court in this state, shall ho issued unless there be euflicicnt security given to the defendant by way of recogni zance by some person oilier than the plain tiff to tho 6atUI'aclinn of tho nut lioniy signing such writ that tho plaintiff shall prosecute his writ to effect, and shall an swer ah damages, if judgment bo rendered gainst him, a minute of which recogni zance with the name of the surety nnd the sum in winch he is bound shall bo made unon the writ at tho nine of signing by euch authority. & if nuy writ shall be other, wise issued, tho same, on motion, shall nfintn. C. All writs nnd processes signed by proper authority, ns well original ns judi cial, shall run into any county or place in this slate, and mnv bo there f-crvi'd and ex edited by any ot'.icor authorised by luw lo serve the same, nnd shnll be directed lo any sheriff or conslulvo in this state. 7. It'll shall appear to the authority signing any writ process, that no such officer can seasonably bo had to sorvcthe same, the writ or process may bo directed to, ond served by, an indifferent person, being named, 8. When any writ or process shall be served bv such indifferent person tho ser vice shall be verified by the oath of such person, a certificate of which oath shall ho endorsed on the process by llie authority administering tho snmc. 9. Every original writ, returnable to the county court, shall mention the court, time and place of appearance, and contain o declaration selling forth the cause of action in due form of law and no civil pro cess shall bo made returnable to any ad journcd term ol such court. 10. Every writ and process, returnable before the supremo or county court, shall be served nt least twelve days before the session of the court, to which it is retuma ble including the day of service : and evcrv writ issued against any sheriff, high bailiff, or constable, for any default, neglect or misconduct in their respective offices, shall be served at least eighteen days before the cession (jf tho court to which it is made returnable and it issued against any town, county, school district or a corporation, it shall bo served ai least thirty days before the session of tho court to which it is made returnable, 11. Every action or suit, before the supremo or county court, shall be brought tried and determined in tho county in which one of the parties rc-ides, if either resides in this state, otherwise the writ on motion shall abate : if neither party resides in this 6tatc the suit may be hrutight iu any coun ty in the state, but all actions of cjecment and for trespasses committed on the free, hold, shall be brought, heard and tried in the county in which the lands lie, Service of Vesne 1'rocew 1-2. Writs of summons shall bo served on tho defendant by delivering him a Iron am otte6ted copy ol the wril with the officer's return thereon or lpnving such copy at the house of his usual abode, with some person of sufficient discretion then resident therein, bui if there bo no person with whom the officer can leave such copy, he sli a 1 1 then lodge the same at the house of t lie then usual abode of the defendant in such sitna tion ns thu defendant will most probably receive it, and the manner of such service shall be particularly expressed in the return made by such officer. 13. When the good or chattels of nnv person shall bo attached at the suit of another a copy ol the attachment onu list of the articles attached, attested bv the officer serving the same shall bo delivered to the party whose, goods or chattels are so attached or left nt the house of his then usual abode as is directed in the service of summons, and if i lie person whosn goods or chnttcls oreattachc.il, bo not an inhabitant of this stato then such copy shall ho left with his agent or attorney if any be known and for want thereof, at tho place where such goods or chatlels were attached, nnd the delivery of such copy shnll bo certified by a sworn olhcor who terved Hie attach moot, or by the affidavit of some disinter csteil person who delivered the same. 14. When nny writ or other pmces shall issuo against any corpoalinu and i e t) a 1 1 bo necessary, by provision of law: to leovo a copy of such writ or other process with such corporation, such copy shall be left with the clerk thereof, or in his ob- pence with nno of the principal officers thereof or in abseno of nil such officers; with one of the stockholders thcrcol 15. When hay in tho straw, saw logs f qua re timber, cool charcoal, ashes, brick machinery used in any shop, mill or lucti ry, has in tho process of tanning, cord wood, stone, ore, lime. bark, shingles, boards bives of bees, hay scales, or potatoes shall be taken by virtue ol any writ of attach mcnt or execution the officer serving such process shall Indgo n copy ofthesamo, will Ins return in I ho town clerk's officn in the town where Mich properly is taken which hall ho ns effectual to hold euch properly against all subsequent sales, attachment or executions, an if such property had been actually removed and taken into possession of such officer 1G. The officer taking such property may lemove the same and take it into In possession, in which case hu shall not be required lo leave a copy of ilia ut'nchmunt or execution in thu town clerk's office. 17. Whon tho real estate of any person hall bo attached, a true and nttcsted copy of euch attachment, together wnh a dcscrip linn of the estate attached, shnll he by tho officer serving the same delivered to the party whoso estate is so attached, or tell nt his dwelling house, or last and usual place of abode, and the officer making such esrvice shall also leave a true and attcbted copy of such attachment, logathcr with description of tho estuto so attached, in the. office where bv law a deed of such cslnlo is required to be recorded, and if the parly whosu aetata is attached, does not reside in this stnte. then such copy shall bo iloliv. crcd to his tenant, agent or attorney, it nny be known, nnd if no such ngeni, tennnt or attorney be known, then u eopy of such Writ, with tho ollicois return ihorenn. lodi'ed in tho cilice in which a deed of euch estate ought by law to bo recorded, shall bo deemed snfflcinl service. 111. Whenever tho copy of n writ nf at tachment on which real estate is attached, shall ho lodged in the office of nny town or county clerk, it shall bo the duty of such clerk "to enter in a book, lo be kept for that purpose, tho names of the parties, the date of tho writ, the nature of tho action, tho sum demanded, and tho officer's return thereon. 19. Personal property, attached on moMio process, shall bo hold to respond tho judgment rendered on such process thirtv dnvs from tho timo such judgment shall' be rendered, and unless tho plaintiff hall, within thirty days from tho time ol rendering flnnl judgment, take such prop, crty in execution, the same shall bo dis clmrired from such process, nnd rcnl es tate attached on such process shall bo held Ave calendar months alter tho rcndi tion of final judgment and no longer, unless iich personal pioperly or real estate shnll ho incumbered by a prior attnchnicnt, in which case such personal property shall ho held thirty days, nnd such renl estate five calendar months after such incum brance is removed. '.'0. Tho day on which the plaintiff shnll s-t bv law, without leave of the court, bo nt it led to nn execution on nny judgment rendered in Ins lavor, shnll ho deemed o time of rendering such judgment in oM cases so far as relates to holding property attached on mesne process and tho charg ing of any person as bail for delivering up bodv of the principal. 21. Writs of scire facias nnd audita i rdn, may issue as summons or nt achmcnis; all other judicial writs shall by summons, ond when tho party on whom the service of any judicial writ is to made, is not on inhabitant of this state, the same shall bo served on Ins known agent or attorney, if any, nnd for want thereof, by leaving a true and attested py of such writ with tho cleric ol the court to which it is made returnable. 22. When the body of nny dclendnnt shall bo token on mcsno process in any civil oction, it shall bo the duty of tho offi cer serving such process to deliver him an attested copy thereof, if required. 23. Whca the bodv ot any person shall arrested on tnn-no process, it shall bo tho duty of tho officer, serving such pro cess, to commit such person to jail, unless the person so arrested shall expose personal property sufficient to secure encli officer, procure some person to (income surety the satisfaction of such officer, by such surety endorsing his name or signature on the back of such writ as bail thereon. 21. Whenever any officer or other per. soo authorized by law to servo any writ, warrant, execution or other process, is re. quired by law to commit any person to jail, such commitment shall be madn in the county in which the arrest shall be made, unless otherwise directed by low. If there shall not be a legal jail in the county where such arrest shall bo made, such commitment shall be made in an adjoining county, where there is a legal jail. G. When any officer, or other person, shall commit nuy prisoner In jail, it shall bo the duty of such officer, or other person, deliver such prisoner to the keeper ol the jail within the same, and also deliver such keeper a true ond attested copy ol the writ, warrant, execution or other pro cess, by virtue of which such commitment made, with his return thereon. 27. When any person shall endorse his name or signature at- hail on mcsno process, uch person shall be holden lo satisfy the judgment, which t-1 1 a 1 1 hi) finally rendered thereon, in case the plaintiff shnll, first, cause tho execution, to bo put into the hands of an officer authorized by law to levy and serve the same, within thirty days fioui the tunc final judgment shall be rendered on such process Secondly, cau-c n legal return of non t inventus to be made on such execution, within sixtv days, or within one hundred and twenty days (if tho execution is made so returnable.) from the tunc of rendering such final judgment. 211. If the execution is put into the hands of such officer, and the return of non est inventus bo legally made thereon as ofc.ro- aid, tfio plaintiff may, within one year, and not after, from the tune of rendering tho judgment, being his writ of scire facias ngainst such surety, and unless tho surety hall surrender the body ot the principal into court, or 6how his death, before judg ment, on the scire facias, nnd pay the costs upon the sciro facias, the court shall fun- ;ss lust cause be hhown to the contrary. 1 render judgment ugainst such surely tor the amount of the damages and costs in the original action, with thu costs on tho scire facias. If in such case the judgment shall have been rendered by a justice, ond suoh justice shall have died or be out ofotlicu, the (cue lacias may 'jo commenced and tried before some other justice. 2U, It the principal is surrendered into court, ns provided in l he preceding section, tho court shnll direct nn officer to receive the principal into custody and detain linn for such timo ns tho court shnll direct, nut exceeding twenty days, that his body may bo taken in execution. 30. Tho surely on mesne process may deliver the principal into court, before or during lint torm ut which final judgment Hiall uc rendered on such process, III dis charge of himself. 31. When nny principal shall bo so do livered into court by tho surely, the court than, unless such principal procure suffi cicnt surety for his appearance, order him to bo committed to jail, and such commit ment shnll ho deemed a commitment on the original writ. 32. The officer, serving a writ of attach ment and Inking surety as is herein before provided, shall uu answerable to tho plain tiff for nil damages occasioned by the in sufficiency nf such surety, unless ho shall on trial make it appear that, at tho time of tnking such surely, the sumo was amply sufficient ; and no suit shall he prosecuted against any officer or other person taking bnilos aforesaid, when tho bail shall bo sufficient. 33, When any surety bliall haue endorsed a writ of attachment as bail, the officorl serving such writ shall deliver to such' surety a bail piece in tho form prescribed by Inw, ond when tho surety shall have oc. casino to lokn the body of the principal, to surrender him in court in dischnrgo nf his boil, either on tho original process or upon scire facius, or to secure him until the sos siott of tho court in which ho may bo sur rendered as aforesaid, such bail piece shall be sufficient evidence to entitle such surety to n warrant from any justico to take the body of tho principal. 34. And such justico. on application for that purpose, shall issuo a warrant in due form of law. directed to nny sheriff or con. olDble in this stale, commanding him to assist such surely iu apprehending the body of such principal, and it shall be the duty of the officer, apprehending euch principal to commit him to jail cither in the county in which ho was arrested on tho original process, or in which such process is pend ing, agreeably to the direction in the war rant. 35. It shnll bo lawful at all times for such surety to commit the pnncipal to jail, bo that ho may be delivered in court in dis charge of his bail. 36. When such principal shall be com mitted lojail nn any wnrrnnt is.-ticd as aforesaid, ho shall bo considered ns com mitted nn tho original writ of attachment if the same shall be then ponding. 37. If, on tho return of the scire facias issued ngainst any surety as aforesaid, the surety shall show to the court, that ot the tune of mak ing tho return of non est in ventus on the execution, the principal had become insane, or was actually confined in nny slntc prison for a criminal offence, it shall bo sufficient cause why judgment should not be rendered against such sure ty. " 38. If any writ of sciro facias, issued aforesaid, shall be abated, or judgment shall bo rendered thereon in favor of the dolendant on demurrer, the plaintiff may suo out onnther scire facias at any time within six months from the rendering of such judgment, nnd not nftcr. 39. No person, ufter tho setting cf the sun on the day preceding the first Jay of the week, shall servo or execute any writ, process, warrant or decree excop'. es capo warrants, and warrants for ippre bending the principal in favor of bai, and in cases of treason, felony ond breaches of the pence, but the service thereof shall he null nnd void in every respect. -10. The supreme and county rourts, respectively may issue execution n due form of law on every finnl jiidgnicU rcn dercd by such court, which shall bt made returnable within sixty days from tic dale thereof, or at the next torm ofsuchcourt. if not in less than sixty days, or at the election of tho party, 41- No execution shall issue oi any judgment rendered by either of the courts uforesuid. until twenty-lour hours after tho rising of the court, unless by special permission of said court. 42, The nomo of nn attorney of tecord for the plaintiff', and for the dofendmt, if any. shall be endorsed on the back of eve ry such execution, by tho officer signing the same. 83. If tho writ and declaration in oty action pending in the supreme and county courts shall bo lost, mislaid or destroyed, such court, on a written motion for that purpose, may order a declaration to lo filed in such action, under euch regulation 09 such court shall prescribe, and tie same proceedings shall bo had on such de claration in such oction, but if the pluiut IT refuse to file a declaration in such cusj, the court shall direct a non suit in such action, and tax costs for the defendant. 44. If real or personal estate shall hare been attached on any writ so lost, mislaid, or destroved, thu plaintiff mav secure n certified copy of such writ, declaration and officer's return thereon, from tho town clerk in the town in which &uch estate wis mtnehed, and cniiso the same to be filed in such court, and the snmc proceedings shnll be had on the certified copy, ond the ctute so attached shall bo held to respond I the judgment in such action, in the san e manner as though the original writ, de clnraiion and return wore in court. 15. It shall be the duty of the clerk of such court to ninko a record of all euch written motions and orders of tho cout and ho shall receive such compensation therefor us tho court shall direct, toko paid by thu parly making such motion 3G. When any goods or chattels a-c oltoched on mesne process, whether n one or more writs, and the debtors atd the attaching creditors shall consent writing lo the salo thereof, the attaching officer shnll soil the samn, in the manner prescribed by law for selling tho like pro pcrly on execution, nnd the proceeds ot the sale, atler deducting tho necessary charges (hereof, shall be held by tho ofli cor subject to the attachment or attaen ments, and shall no disposed ot in luc manlier us the said properly would have been held and disposed of, if it had remain oil unsold. 57. No creditor by attachment, after such property is advertised for salo. slull havo a right to prevent the sale thereat, but tho property may bo charged, by at tachment or execution put into the hands of the office holding such property, in like manner ns iflhcsaiiio was not ndvcrlised

for sale, and the proceeds of the salo shall bo held by thu officer subject to all tho attachments anil executions in his hnuds at the timo of tho salo ogauut tho owner of such property. 48, When an attachment is made of live animals, or of any goods or chatties winch ore liable to perish or waste, or to bn greatly reduced in value by keep or which cannot be kept without great or dispropor tionate expense, ond the parlies shall not eminent to tho sale Iherool as bclorc pro vided, thu propetty so attached shall, upon the request of cither nt tho parties inter ested therein be examined nnd appraised, and shall bo nfierwnrds sold or otherwise disposed of in tho manner following. 19. Unon such application mado by ci (her party to the officer attaching, he shall givo notice thereof to all tho other parties or thoir attorneys, and shall pro pore u schedule of tho goods and appoint three disinterested persons, acquainted with tho nature situ valuo ol euch goods to be Bworn bv such nfficor, to tho faithful discharge of thoir duty, ai appraiser,! in the caso. 60, They shall cxamino the attached property, and, if they shall ho of tho opin ion, that tho same, or nny part thoroof is liable to perish or waste, or to bo greatly reduced iu valuo by keeping, or that it cannot ho kept without great and dispro portionalc expense, they shall proceed to appraise the same according to their best skill and judgement, at tho valuo thereof in money, and the goods shnll thereupon be sold by the officer, and the proceeds thereof shall bo held and disposed of in the manner beforo provided in caso of a snlo by consent of the parties, unless tho goods, shall be taken by tho defendant as provi ded in thu following section. 51 . 1 ho goods so opproiseu shnll bo de livered to the defendant if he require it, upon his depositing with the nttnchiug officer the appraised value thereof in mon ey, or giving to such officer satisfactory ecunty Tor the payment ut such appraised value of the goods, or to satisfy all such judgments as shall be recovered in the suits in which tho goods wcro attached, il demanded within the time during which tho goods would have been held by the respective attachments, and to indemnify such officer from all costs and damages that he may sustu'ti ifstich payment is nut Hindu within the timo aforesaid. 52. The attaching officer in such case shall bo nccountnble to the attaching cred iter, tor tho uppratsod value only, of the goodi so dolivcd lo tho debtor. Absent defendant and writ of review. 53. If the parly ugainst whom nny suit shall bo brought boforo the supreme or county court, shall be absent from the stale at the lime of the service of the wril, and shall not return within the same, beforo the lime of trial, such court shall (unless such pnrty had notice of the service of the writ twelve days before tho sitting ol the court.) continue the cause and order notice to bo given to the absent defendant, by publication in some public newspaper, to be designated by euch court. 54. In nil cases against such absent de fendant, when judgment shall bo rendered upon default without proof of personal notice, execution or writ of possession shnll tint issue until tho plaintiff, his agent or attorney, shall havo given bond by way of rccognizince, with sufficient surety, lo be taken by tho clerk of the court in which uch judgment shnll havo been rendered, in double the valuo of the estate or sum of money recovered by such judgment, to pay such sum as shall be recovered by such absent defendant by writ of review, and the surety aforesaid shall be no further answerable than for the recovery which shall bo had upon such writ. The defendent, against whom judg ment shall have been rendered by default without notice as aforesaid, may at any time within three years from the time of rendering such judgment, bring his writ of review before tho same court that rendered such judgment and upon such writ being returned in court, the original ludgmrnt shall be vacated, if it is in no part satisfied, or if it was for tho recovery of real oitaic 5G. If the original judgment has been fully satisfied, the same shall bo uffirmed 57. If such judgment has been in part Bat is lied, the sunn; shall bo affirmed fur so much 03 is saliofied, and reversed for the balance. 8. the court shall then proccod to try and determine the original action in the snmc manner ns if there hnd been no judg ment rendered, and if tho original plnint iff has recovered nnd collected on the judg ment more than wns his due, judgment shnll bo rendered for Iheonginal defendant to recover such mm, with interest, ond Ins rensonnblo damages with costs, otherwise such judgment bliall bo rendered as the nature ol tho case sljall require. 59. The writ of review shall bo sued out and served in the samo manner as original writs. GO. Upon evcrv judgment rendered upon a writ of review, the court shall have power to allow or deduct costs between tho par tics as thu equity of tho caso shall demand and cither party shall bo entitled lo n re view of the snme ns if no previous juilg merit had been rendered. 61. Iu all enses when on action be bro'l any judgment rendered by default against such alisent detondant, with ut proof of personal notice, it shall bo lawful for the defendant to plead or give in evil denco any matter or thing, wlnoh hemigh havo dune in the original oction. Imprisonment of debtors. G2. No femnln shall be arrested or im prisoned by virtue nf any mesne process which shull issue in on action luiiuded on contract, nor by virtue of any execution which shall issue on a judgment recovered in nny such net ton. 63. No person, who is n resident citi zen of this stale, shall bo nrrcsted or im prisoned by virtuo of any mcsno process winch shall issue innn action founded on n contract, express or implied, mndo or nn. tored into nftcr the first day of January, m tho year one thousand eight hundred and thirty, nor by virtuo of nn excution issued on n judgment recovered in an nc lion founded on any such contract. Pro vided, that if the plaintiff, praying out a writ on anv enntrnct mode oner tho first of January 1839, shall file with the au thority issuing such writ, an attidayit stat ing Hint he has good reason lo ueliovo.nnu dues believe, that Hie defendant is about to abscond from the stote.and has secreted about his person or elsewhere, money or other property, such writ may issue as an attachment against, and bo served upon, the body of the defendant. 64. When final judgment shall be ron dered by any court on contract, express or implied, tho debtor may appear beforo suoh court during the term at which thu judgment i9 rendered, or if rondored by a jusltco. within two hours after tho rendi tion thoreol, and suumii uimsoii to uu ntnincd on oath, touching his situation, circumstances and property. G5. If tho court, after tho examination nf t ho debtor, nnd hearing such evidence us uiav be Produced by tho creditor, shnll ad jndgo that tho debtor would bo entitled lo tho benefit of tho poor debtor s nam n hp was confined in iail on execution, tucli court shall. administer to tho debtor oath substantially in tho fnrm prescribed for poor debtors in jail, witn eticn varia .linns a the nature of the case requires, and in such cone, no execution against the bodv of the debtor abal) iigut on cucb judgment, 66, When the debtor shall appear bo-1 I fo' n juat'co. and submit himself to bo ex- nmined as aforesaid, such jusltco may con j tiniie the suit for further hearing, not cx ceeding twelve days. 67. If. nfter such oxnminntion and henr- ing, it shnll bo adjudged by the court. that the debtor is not entitled to the benefit of tho oath aforesaid, the crcditer's costs on uch examination shall be added to the cost in the original judgment. The forogoing Chapter is now in force. STATU OF VERMOM ssi ) Secy's Ot't'icK. Nov. 20, 1839, S I certify tho fotegoing to bo a true copy of chapter 43 and 28 of Revised Statutes passed by the Lceislature of said State, and now in full force. C, L. KNAPP, Secretary of Stale. BnoTHEti Jonathan Outdone. " The Government," says ihe Picsse, "a few years ago. left to three criminals condemn. ed to death, the choice of dying on the gallows, or adopting tho following condi tions : The first wa to take tco.the second coffee, and the third chocolate, and to live as long as they could, but wero to eat nothing with cither; these conditions were eagerly accepted. The Inst, who J took chocolate died in eight months; ho who took coffee, lived two years ; nnd the tea drinker survived three years. The man who took chocolate died in a stato of complete de composition, and so much eaten by worms that, during his hie, in limbs separated onu by one from his body. The man who drank coffoo was so disfigured after his death, that one would have said that the fire of heaven had burnt his entrails, ond calcined him from head to foot. The tea- drinker became so thin and almost dia phanous, that it was perfectly easy, with a candle in one's hand, to read a newspaper through his body by the intervals which separated the ribs V'Galignani's JUcssen ger. Stabbing Case--A huge Dutchman by thu name nf John Warner, who liver on the 8th avenue, on Monday last got beastly drunk, then commenced abusing every body ho came ocros. At last he went to tho liouso of William and Jane Barrv.on the 8th avenue, between 37th and 36th streets, and without cause o provocation commenced abusing and in suiting them in the most outrngeous man nnr and finally drew a dirk knife and slabbed them both. They, in trying to keep Inm off, look hold of him with their hands, he thrusting the knife about in all directions. Ho stabbed them both through and through the arms in a very horrible way, The monster was nt last secured and brought to the Upper Police office. nnd committed to wait hid trial. JV. Y, Express. FRIDAY MO UN ING, DECEMBER 6. COUNTERFEITERS TAKEN. We are happy to learn from the north that a clean sweep has been made of the counterfeiters at Dunham, L. C. The agent of the associated Boston Hanks, who has been some months engaged in this ope ration, passed through this place on Tues day. Il seems that he managed to ingra. date himself among them in a way to be come acquainted with nil their operations and most of the individuals concerned in tho counterfeiting business. This was communicated to the authorities at Mon treal. and at a concerted moment, n largo body of the police lit. upon loafers and secured their whole bundle dies, plates presses and paper, together with severnl bushels of counterfeit half dollars, and large amount of bills ready for circulation Thirty-odd individuals were arrested and committed to jail, including somo of the most wealthy and respectable citizens of the place two merchants, and a number of notorious diameters who had fled from the U. States. Tho agent alluded to, de serves much prniso for his energy and pcrscvcranco in this matter, for he has accomplished it ot the hazard of his life He barely escaped, ns the saying is, by the skin of his teeth. He was pursued on his way to the 6tates by a gang of tho 'sym pathising" inhabitants of Dunham, and being npprised of his danger, had bnrolytitne to etenpo to the woods when tho wretch es overtook tho vehicle, and with drawn knives and pistols were about to do sum mnry vengeance on tho innocent driver but discovcung their mistake, they tacked about, and with such information ns Ihe knight of tho whip chose lo give them pursued their victim in another direction to the no small satisfaction of the gen llcman who related the circumstances to us Michigan. Very few political events have recently occurred in this country which hove afforded mora sincere and sol id gratification to tho friends of the Union and Constitution, than the recent election in the Stato of Michigan. Aware ofthe mischievous nature of tho Van Huron and Uentonian policy, und its necessary tendon cy to injure, if not destroy the best inter csts of tho new states, tho people of Michigan have thrown off tho influence and ascendancy of tho administration par ly, and havo elected a Whig Governor of highly respectable talents and character and sound pnlittcical principles, and a ma jonty of both branches of the legislature is composod of men of similar character and politics. In evcrv noint of view this is an ovont of great interest. It will in sure tho oppoinlmont ofa Whiff Senator to CuDgrcii, in the place of t thorough going Loco'Foco a man who In that bo by unforiny 8Uppor,ed Vn Burenism and ' , Dcntonism in their most ultra character. It also shows that the people of (hat Stato understand, and will protect and defend their own intoreste, against tho arts and seductioni of a corrupt administration, who under tho mask of friendship for the peo pie, is pursuing schemes and endeavoring; to adopt measures, which are manifestly dangerons to the rights, interests, and lib crtics of the nation. New York. Tho administration papers are busily endonvoring to create tho im prcssinn that the whig? have lost ground in thie state since the last election. Thn very reverse of this is the fact. The Al bany Daily Advertiser, of Monday, contains the official canvass, by which it appears that the whig majority is but a fraction less than four thousand. Last year it wao about 10.000. It appears however that there is a falliog off, of about 13.000 in tho aggregate vote, and that the whig majori ties are uniformly maintained in those die tricts that havo given a full vote, and re duced in those that have fallen off in tho aggregate. "It will bo obierved (says ilic Advertiser,) that llie lotnl vote lias fallen liort of that of Inn year by 12.G7G, and tli.it it li.u decreased in lix of the ight Senate Disliicn. In the 3rd and 6ili, where unquestionably I he ckciion was mon closely con tested, the vole lint year slightly exceeds that of the List. In the Third, 1 lie Whig have gained exactly two hundred and fifiy npon the voto of 1833 and ihe Loco Focoj kightkk.n. The principal filling off ia in the old Eighth District, where the great strength of the Iiia Ilea, und wheie, of course, nt a local election there is no incentive tu een ordinary exertion, Tluu the Whig? polled last year 27,927 voles, nnd tliia year nuly 21,927. No one preienda to doubt, however, that our ac- ual majority here i now ns great us ever. Of courie, with a full vote this year, the popular ma- jurily would huic been but little short of die last. There ore one or two facts which go, indeed to ihow ihal the Whigs have gained strength since the election nf '33. We have already said that llie Third District was the jrem ol ibe warmeit roniest, und here we have gained 232 voles on nn incieased poll. Onondaga ivus .mother hard. fought field. In 1838 v.e had 19 majority in that rountv. now, with an increased poll, we hate 246. In Oneida, too, tliisycai'i aggregate is greater by 300 than that of die last, und the Whig gain about ecjual lo this additional vole, la Caltaruugtij tlitt vole has increased about CO and ihe Whig gain ii 149. In Bronme llie vole lias increased 300, anil die whig gain k 45. In Clinton ihe vuie has in. creased about 00, nnd die Whig gain is 134. In Essex the vote has increased 30, anil ihe Whig ain is 93. In Franklin llie ton- has inn eased 13, unit the whig gain is 20. In Kinns llie vole haa increased neatly 400, and the whig gain is 15, In Lewis the vole has inci g.i eil ahoul SO, and the whig gain is 217 ! In Sainloga the voie has in. created ahoul 40, nnd the whig; gain is 43. In Sullivan the vote has int'rensed 43, nnd the Whig gain is 40. In Tina the o'u has increased about 60, nnd the whig gain is 133. Indeed, wiili ihn exrepiion of one ur two counties (as Chenango and Allegany, where local prejudices injured our Slate I irket, although the Assembly vole rhows the urn at whig majority, the resnli presents this concliiaita proof nf our great sireugih in die Stale, fjrj In almott every county where there ha been un in creased vote there ha$ been a enrrespondtng Whig gain. IV kite on the contrary the Loco Foco gains have been in counties where thero was a falling off in the aggregate vte since last fall- Wo nro enabled, therefore, to say with confldenco that tho Whig party has gained in tho rccont election, whercnor tbo contest was a sovere one and that tho aggregate) Whig majority in tho Kmpiie State is actual. ly greater now than it was in, 1839. Wo add oor belief that in 11)40 that majority will bo swelled to fiftecn or twenty thousand. MASSACHUSETTS. The spirit with which Ihe Whigs of the old Commonwealth aroused at Ihe adjourn, cd election to fill the vacancies in tho house of Reprefcntativoj, shows what feeling haa been awakened there by the result of the late elections, The sense of danger which has not been fell before, for so many years, has aroused tho Whigs with un energy and a vigilanco which makes them impreg nable. Tho Whig principles of Massachu setts are as eternal as her hills and her rivers. The late election has given us every thing which o mnjority of 20,000 would have given a Whig llouee of Rep, rescntatives a Whig Senate, and a Whig Governor, for scarce a doubt can now exist that the olection by the people has keen defeated, and consequently that Governor Everctl will bo elected by Senate. The election has dono more ; it has united tbs Whig party; it has shown tho necessity of surrendering minor considerations lo the great cause of political reform. Missiesii'i'i Election The retuma which havo been received, embracing pro bably tiro thirds of the votes iu tho Stato. render it highly probable that tho Toriei have succeeded in the election of governor. Members of Congress, and members of the State Legislature' Such seems to bo tho prevailing opinion, and wo apprehend thero can bo little doubt of such a result. REAL ESTATE. We would direct public attsn'.ion to an administrator's sale of real estate in Col (cheater, m' morrow, Set advert iMtseai