Indiana American, Volume 23, Number 7, Brookville, Franklin County, 2 February 1855 — Page 1

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i. . . . "WE ASK FOB HOiniHO BUT WHAT IS RIGHT, AND WILL SUBMIT TO NOTHINQ THAT IS WEOHO." Oen. Jckion. VOL. XXI1I.-N0 7. BROOKVILLE, FRANKLIN COUNTY, INDIANA, FRIDAY, FEBRUARY 2, 1855. WHOLE NUMBER 1151.

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1 - 1. wküM urrwe, at aia residence, eoraer of Mala and Jt aes streets, orookvllle,Ind. T3L J. W. XXXtT, ÜKGE0.1 DMTIST jl vrncs, oae uoor soavn or in gm , valley Moose, taim. All work ' warreated. No eh area for eaa rain-(iTr4 aUoaaradvloe. at-iy"- f TT f mX?S ELC02X-JCSTICK er tmi PRACK J end Aitoraey dt Coeasetlor at law. Brook villa, Ia4. Omca, Sent Kast corner of Pub lic saare. o 1MJ. TT rO120T7. ATTORNEY A COUXSKL. , Luit A i' LAW. Orrtra, o. T, )UUaa jnuinf, arwvaviue, ia. si TT EC. CT.OrsnillX-ATTORSKT ASD 14.' COUAaitLLoji At LAW. Omca, ander tea a Lmerlcaa Odo, Brookvllte, Ia4. 43 '31 T7T1H CWTXIt-ATTORSBVATLAWAMO XJ flotaar f tatic, Ml. Carnal, lad. S3 S A ATT0RSZT4 C0U5SELL0K XJL at law. Ornca, over Powere' Store mootTUlo, Ia4. TTOtZJ J. rELtXT,-ATTOKJ(KY AT LA W af-aw v i4v v sr a7 u i onf v on r aoaiA of Ua Valla Honaa, Brookvllle. lod. will tele acknowledgments of Deeds, lake lud Ctr a i a i.i a i . . . . ' wi juvposiuoDt a ma KT IUI ato TkS3. JTTX AID OWETS.-PESTAL BUK JJ UKOAa.Mi. CarmaLinJ . will do all work eatrusied to Ur care with aeataesa aa4 41syKa. J tin 30 3mo m HO KAI J. WH1TZ, NOTARY PCBUC, X .Unast, I., will tako depositions and aekaowledf menu, and altoiui to Notarial bualaese MTUIJ HARRISON DIRECTORY. T yenrr. dealer is groceries ah d JLU Provisions, Market street, Uaiiik, Oho, neepe oa kaal a food aaaortmaat of all articles In kla (Ina. ALSO... a aarl aaaortmaat of rUUXITÜBEi WkleA at will toll ehaap for uh or eonntrr pro oetS73iet. TTILTtn 05K DOOR EAST OF AX u injjtwra,llAHio, Oaio, Dealer In AMERICAN, FRENCH A 710 ENGLISH DRY GOODS. BonneU and Bonnet Trimminp of ill itjtei and prlooa ' Ladlaa, Vlaaaa aod ChUdrana Baoaa kept eonum. et 17 O et. nvita. w. iivm. 9 surra lEarow.-DiALERsi.f fancy aa4 LMiali la Goos, Ladlea Dreaa Gooda Crooarlai, Hardware, ftuaanawaro, BooU, Shoei Coaaaa Mi kit aa Walkot BTtiiTt, IURRIS05, OHIO. Oet7Ulft3 TTTLLTa. DEALER IN DHJr.S. Jif euie lictoee. r"nau. Olla.Varulihaa.CUu. !) ' ' ' ' ' Corner Main and Market StreeU, ' HAJtBISOy, OHIO. Oct S7iS 1154 , tXBJO HOTEL. CORRER MAIS 4c MARKET y oiraaie, HARRIS05, OHIO. . Fisher f Proprietor. Oct 57 43 1U4 CatecMtsi for Slaves. The Soutern Episcopalian,' a religious monthly, pabluhed at Charleston, South Corolina, publishes a catechism for slaves, from which the followeng is an extract: Who keeps snakes andaall bad things from hurting you? Ood does. Who gave you a master andAa mistress? Ood gave them to me. Who says that you must obey them? ' 3 Ood says that I must. What book tells you these things? The Bible. How does God do all His work? He always does it right. Does Oou love to work? Yes, Ood is always at work. Do the good aagels work? Yes, they do wht God tells them. Do they lore to work? Yes, they lore to please God. What does God say about your work? He that will not work shall not eat. Did Adam and Ere hare to work? Yes, they were to keep the garden, Was is hard to keep the gareen? No, it was rery easy. What makes the crops so hard to grow now? Sin makes it. What makes you lazy ? My own wicked heart How do you know your heart is wicked? I feel it every day. ' What teaches you so many wicked things? . The Devil. Must you let the pevD teach you? No, I must not. r . It Jooks as though the Devil might have had some hand in gstting up this catechism. Condition of Piedimont. The following sketch of the condition of affairs in Piedmont, is given by the London correspondent of the N. Y. Times. r Piedmont, is to have a quarrel with the Pope. You may form some idea rtf ihm .f .to nf affaiM its T1

T B. DA71S. Ä. D ,-rnTSIC!A!f SUR

the Mowing: The Principalities of'fr T ' w6,hf,llbe punished as

Massa Uarrar have been placed under the martial law of Colonel Casani. The punishment of death is to be inflicted upon all persons guilty of intended murder. Persons found with arms in their possession, are to be punished by imprisonment with hard labor for life. All places of public resort to be closed from 0 A. M. to 6 P. M. Any assemblage of thrtt persons to be dispersed, and the soldiery may use lis arms to eneet tn at purpose, is one . MB... V are allowed to be out in the streets after 8 P. M., except priests and phys icians, who are on their way to sickmust report themselves at the nearest guard-house, with a lighted lantern, Jnd ask for u escort. The arrivals of strangers are to be reported to the police within four hours. jt"A young man at a tea party,

over-hearing one lady say to another, "I have something for your private ear, immediately exclaimed, "I pro - test against it, for privateering is 1 - I'S XSTA lady was asked at the Springs during the past season, how she liked "Crabbe'a Tale's?' "I never eat any crab's tails," she innocently replied.

i:say U.I IICI' LECTIO.

BY ISAAC McMAMUS. x Reflect the Tail! tee what fruitful (heme For our rf ret or Jo ji what leMont team TVllh eadd'nlng weight, or, ralao with buoyant pride, AaLove triumphed, or SellUhneia denlod. The former co admired the laliareurtedi Btrani, It would eoem, the latt thoald be the flnti Why Hoaren.propllloo, did It thai ordain. That Betfltheeee ahould guide onr being ' aim, I not for si to know; but Uila would Mem, Kaow lodge la gtren to dlecorn between The good and evil;' and to which allied, Conscience the tubtle problem must decide. Hoav'n, Uli mora to eompeniale the telflth end, Bee Lore with conscious. Krowlodge made to bleed. But these alone, uu Aided, usoleii fall, Too slow to act, or fall to act at all. While the Present, with tu cold sweeping tlda. Mocki atour knowledge, conscience, lore deflod, Here Solflshnoss steps In, e inert In wiles, To meet the present with It crafty gulleat And shapes our actions as the Impulse moves The varying currents, to change our views. Bat !ieaven,to balance the Impulsive train. Has laid another field wherein to gain The proper balince, which seems lost In this, Wharetobler parte correct what's fonnd amiss. Tie Memory! by whoee reflective power, The Tut Is brought to view the present hour, Where all our actions pass In brief review, For pralaaor blame, aa Judgment deema them due Here Comclooce cbldei, there Knowledge heaps her store, A ad Love regrets the baaty, though ties a hour. Thus, what's too slow to lead, too weak to drive Touches each chord tnd keeps the flame alive, Which from onr actions parges out the droea. And, through, repentance, aavee what als were loss. Thus, Heaven has each It proper sphere defined, The basar Brat, and then the noblor kind. To mm it up, the difference lies between Onr groveling Instinct and Reason's beam: The former comes. Impulsive, to our call; The latter strikes the scales they Instant fall; Beauty stands revealed; hopes aspiring rise; Point the astonished mortal to the aklea. Then why, since Heaven, by choleest gif J bestow ed. Teaches, through paat experience, the narrow road, Expands the soul, each aensual thought refines Oh, why aot give the scop which Heaven do eigne? Then reflect the past see what spectres rise, Of good resolves, In each breast smothered lies; While wrongs innumerable throng the giddy tight, With envy, hate, revenge, and scornful spite; All to represent the hideous train That rise unbidden, but will not down again. See Time, .nlsspent, with haggard, peering eyes, Comes looming op, to give some aage ad vice. A thronging, motley train la brought to view, A most exacting, chiding, boisterous crew. See hopee delusive, all panned in vain, The promised grape4, it ends In pain. Ambition, averiee, promised ease and power, The exploded bubble of the passing hour. Thus, each by each, have alike attested. Some moment lost, some duty sad neglected. A partial view would seem that these condemn The truth of Heaven's image placed In men: Hot so the j teach how perfect Nature's plan Of love supreme to God, and theo to man. But still the past doea other acenes unfold, Ere sinful folllei had our acta controlled. Commencing fir back at the natal hour, And reaching till lost In manhood's power. Here hope, and Joy, and grief, all pure and meek, With tears that would not stain an angol'e cheek ; The living emblem to mortals given Of perfect pnrity In Heaven 'a Kingdom. To these the mind looks back with longing cast As on Lire's treacherous strands our bark Is tossed, The sport of elements that mock our p ride, A prey to fean that heavenly hopes divide; Impelled, Impeded, by oar fortunes wild, Who has not wiahed to be agal n a child! From the Ohio State Journal. SUPREME COTJET OF OHIO. jAS. 8. SMITH, OFFICIAL REPORTER. Saicrdat, Jan. 20,' 1855. Present: Thurman, Chief Justice, and Ranney, Bartley, Warden, and Kenton, Judgei. No. 148. Frederick Miller v. the State. In error to tLe Probate Court of Ciermont connty. No. 179. Levin Gibson v. the State. In error to the Probate Court of Union county. The plaintiffs in error were prosecuted for violation of the 4th section of the act of May 1, 1854, entitled, "An act to provide against the evils resulting from the sale of Intoxicatiog Liquors in the State of Ohio," which section provides: "That all places where intoxicating liquors are sold in violation of this act, shall be taken, held, and declared to be common nuisances, and all rooms, taverns, eating-houses, bazaars, restaurants, groceries, coffeehouses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuis.i . .. , . Kucca, upon me conviction oi me Keephereafter provided.1 Being convicted, they were, respectively, sentenced to pay fines, ana be imprisoned: and orders made that the rooms by them kept should be shut up until bond and security should be given pursuant to the 8th section of said act. To reverse which sentences, and orders these writs were brought. Thurman, C. J., delivered the opinion of the Court Held 1. That, for aught that appears in the journals of the Senate and House of Representatives of the General As sembly, the act of May 1, 1854, enti"BS "r m ota I W" consütuüonally4enacted. eating liquors in the State of Ohio," 2. That the provisions of the Con stitution (Art. 2, Sec. 16.) that, "Every bill shall be fully and distinctly read on three diffirpnt (Uva. imlr in . case 0f urgency, three-fourths , of the

Houso in which it shall be pending, j shall dispense with this rule," does j not require that every amendment to a 1 bill shall be read three times. 3. Ererv reasonable intendment j is to be made in fnvor of tho proceedings of the Lcg'slatarc. It is not to ' be presumed that tho Assembly, or either House, of it, has violated the I Constitution. When, therefore, it apI

pears by the journals, that a bill was amended by striking out all after the enacting clause, and inserting a "new Hill," so called, it cannot bo presumed that tho matter inserted was upon a different subject from that stricken out; especially when tho matter inserted is consistent with the title borne by the bill before such amendment. Thin is tho moro obvious sinco tho Constitution provides that, "No bill shall contain moro than one subject, which shall be clearly expressed in its title." (Art. 2, Sec. 16.) Nor doc the fact that the inserted matter is called a "now bill" prove that it was not nn amendment. 4. No bill can becomo a law without receiving the number of votes required by the Constitution, and if it was found, by an inspection of the Legislative journals, that what purports to be a law upon the Statute Book was not passed b tho requisite number of votes, it might, possibly, be the duty of tho Courts to treat it as a nullity. But it does not follow that an act that was passed by a constitutional majority is invalid, because, in its consideration, the Assembly did not strictly observo tho modo of procedure prescribed by the Constitution.

Thcroaro provisions in that instrument that arc directory in their character, the observance of which by the Assembly is secured by their fense of duty and official oaths, and not by any supervisory power of the courts. 5. Neither the 1st, xa, aa, sin or 8th sections of the act under consider ation, properly construed, is repugnant to tho Constitution. In saying this, we do not mean to affirm that the leg islature has tho power to wholly prohibit traffic in intoxicating liquors in this State. Without deciding wheth er tho Assembly has any power over this subject, in virtue of the general grant of legiblative power in Sec. 1 of Art. 2, of the Constitutioo, we hold that the enactment of said sections of the law is authorized by the express grant of power in Sec. 18 of Art. 16, m these words: "No license to traffic in intoxicating liquors shall hereafter bo cranted in this State, but the Gen eral Assembly may, by law, provide against evils resulting therefrom." C. A violation of either of the 1st, 2d or 3d, sections of the act, subjects tho offender to the panalties mentioned in the first clause of Sec. 8. It is not necessary, in order to meur the penalties, that all three sections be violated. 7. If a sale violate all three sec tions, the offender may be prosecuted under either of them; and his convic tion, or acquittal, will bar a prosecu tion, for the same sale, under cither of the other two sections. 8. But a conviction, or acquittal, under the 1st, 2d or 3d sections is no bar to a prosecution under the 4th. 9. To convict for a violation of the second section, it is necessary to aver in the information, and prove on the trial, that the sellers knew the buyer to be a minor; and to convict for a violation of the 3d section it is necessary to aver and prove, in like manner, that the seller knew the buyer to be lnton- i cated, or, in the habit of getting intox- J icated. ( Birney 's case, 8 0. R. 237, i followed and approved.) j 10. To convict for a violation of i the 4th section, it is necessary to aver j in the information, and prove on the j trial, that the place, where the liquor ; was sold, was a place of public resort, j And the proof must also show that it . was a place wnere liquors were naDitually sold in violation of the act. A single sale does not make the place a nuisance, or the seller a "keeper," within the meaning of the act. A scries of sales is necessary. 11. No order to shut up, or abate the place, can rightfully be made, unless the nuisance continues to exist at the time such order is made. Unless, therefore, the Court is satisfied that, at the time of making the order, the place is kept for the sale of liquors in violation of the act, no order should be made. For it is the unlawful business, (and not the place per se,) that creates the nuisance; and, hence, where the business has ceased, there is no nuisance to abate. No man's property can be forfeited as a punishment for crime, the Constitution providing, that no conviction shall work a "forfeiture of estate. Art. 1, Sec. 12. Hence there is no power to deprive a man of the use of his property, unless it be necessary in order to abate an existing nuisance. 12. The order is not to be directed to any officer. It is an order to the person convicted, obedience to which may be enforced, if the nuisance be continued, by attachment for contempt of court. The order being made, if the convict cease to keep a house of public resort, of the character named, or referred to in the 4th section, he need give no bond, and having so ceased, no attachment can properly be issued agaiust him. But if ho desire to continue keeping such house of public resort, he must, in order to avoid an attachment, give bond. He has his election, to quit keeping a house of public resort, or to give bond and keep it without violating the law. 13. The following information is sufficient in law: Tue State or Ohio, Clermont Cot;ntt, ss. Probate Court, May term, in the year of our.Lord one thjusand eight hundred and fifty-four: John Johnson, Prosecuting Attorney of the I State of Ohio, for the said county of Clermont, now here in said Probate Court, in and for said county, in the name and by the authority and on behalf of the State of Ohio, information nakes, that on the second day of .May, in the year of our Lord one thousand eight hundred and fifty-four, and from that day until the commencement of proceedings herein, to-wit: on the twenty-third day of May, in the year aforesaid, at the said county of Clermont, in tho said State of Ohio, one

Frederick Miller, was, and has been

unlawfully tho keeper of a room of pubhe resort, where intoxicating liqours wero and have been then and there sold by said Frederick Miller, in violation of an act of the General Assembly of the Statoof Ohio, entitled, "An act to provide against tho evils resulting from tho sale of intoxicating liquors in the State of Ohio," and passed by said General Assembly on the first day of May, in tho year aforesaid, contrary to the form of the statute in such case made and provided, and against tho peace and dignity of tho State of Ohio. JOHN JOHNSON, Prosecuting Att'y of Clermont Co. 14. A prosecution under this act cannot be commenced in tho Probate Court. It mutt bo commenced before a Justice of the Peace or Mayor. But no strict conformity between the information and the original complaint is necessary. If the the charge is substantially the same in both, there is no room to quash the information on the ground of varience. The proper rule opon this point has already been stated at this term, in Gates and Good no v. The State. Xul titl record is not a troper re plication to tho plea of former conviction prescribed in the Probate Code. For there is no profert of a record in the plea. The proper replication is a general denial of the allegations of the plea: and tho issue thus made up is to bo tried by the jury impanncled in the cause. THE LIQUOR LAW. AN ACT to provide against the evils resulting from the sale of intoxicating liquors in the State of Ohio. Section 1. Beit enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person or persons, by agent or otherwise, to sell in any quantity intoxicating liquors, to be drank in, üpon or about the bu'lding or premises where sold, or to sell such intoxicating liquors, to be drank in any adjourning room, building or premises, or other place of public resort connected with said buil ding. Sec. 2. That it shall be unlawful for any parson or persons, by agent or otherwise, to 6ell intoxicating liquors to minors, unless upon the written order of their parents, guardians or family physician. , 1 Sec. 8. That it shall be unlawful for any person or persons, by agent or otherwise, to sell intoxicating liquors to persons intoxicated, or who are in the habit of getting intoxicated. Sec. 4. That all places where intoxicating liquors are sold in violation of this act, shall be taken, held and declared to be common nuisances, and all rooms, taverns, eating-rooni3, bazaars, restaurants, groceries, coffeehouses, cellars, or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated, as public nuisances, upon the conviction of the keeper thereof, who shall be punished as hereinafter provided. Sac. 5. That ;it shall be unlawful for any person to get intoxicated, and every person found in a state of intoxication, shall, upon conviction thereof be fined in the sum of five dollars, and imprisonment in the county jail not more than three, nor less than one day and pay the cost of prosecution. Sec. 6. That every person who shall by the sale of intoxicating liquors, contrary to thi3 act, cause the intoxication of any other person, such person or persons shall be liable for, and compelled to pay a reasonable compensation, to any person who may take charge of and provide for such intoxicated person, and one dollar per day in addition thereto, for every day such intoxicated person shall be kept in consequence of such intoxications, which sum may be recovered in a civil action before any court having jurisdiction thereof. Sec. 7. That every wife, child, parent, guardian, employer, or other person who shall be injured in person or property, or means of support t by any intoxicated person, or in consequence of the intoxication; habitual or otherwise, of any person, such wife, child, parent, guardian, employer, or other person, shall have a right of act tion in his or her own name, againsany person who shall, by selling intoxicating liquors contrary to this net, have caused the intoxication of such person, for all damages, actually sustained, as well as exemplary damages, and a married woman shall have the same right to bring suits, prosecute and control the same, and the amount recovered, the same as if being single, and all damages recovered by a minor under this act, shall be paid, either (o such minor, or to his or her parent, or guardian, or next friend as the Court shall direct, and all suits for damages under this act, shall be by a civil action, in any of the Courts of the State of Ohio, having jurisdiction thereof. Sec. 8. That for every violation of the provisions of the. first, second, and third sections of this net, every person so offending, shall forfeit and pay a fine of not less than twenty, or more than fifty dollars, and bo imprisoned in tho jail of the county for not less than ten, nor more than thirty days, and pay the costs of prosecution, and, for every violation of the provisions of tho fourth section of this act, every person convicted as the keeper of any of the places herein declared to be nuisances, shall forfeit and pay a fino of not less than fifty, nor more than one hundred dollars, and be imprisoned in the connty jail of the county for not less than twenty, nor more than fifty days, and pay the costs of prosecution, and such place or places, so kept by such person or persons so convicted, shall be 6hut up and abated upon the order of the court before whom

such conviction may bo had, until such

timo as such person or persons, keep Ing such place or places, shall give bond and security to tho acceptance o said Court, in tho penal sura of one thousand dollars, payable to the State of Ohio, conditioned that he, she, or they, will not sell intoxicating liquors contrary to the laws of this State, and will pay all fines, costs, and damages assessed against such keeper or keepers ior any violation mereoi, ana in case of forfeiture of such bond, suit may be brought thereon, for tho uso of any person interested, or for tho uso of the connty, in case of a fino, or costs due such county: provided that the pro visions of the first and fourth sections of this act shall not extend to the sale of the wine manufactured of the puro juice of the grapo cultivated in this State, or beer, ale, or cider. Sec. 0. That the eivlnjraway of intoxicating liquors, or other shift or !.!- -1 ,1. 1device to evaao me provision oi mil act, shall be deemed and held to bo an unlawful selling within the provisions of this act. . Sec. 10. That for all fines and e costs assessed against any person or persons, for any violation oi this act, the real estate and personal property of such person or persons, of every kind, without exemption, shall be Iia ble for the payment thereof; and all such fines and costs shall be a lien up on such real estate until paid. And in case any person or persons shall rent or lease any building or premises, and knowingly suffer the same to be used and occupied for the sale of in toxicatinir liquors, contrary to this act. such building and premises so leased and occupied shall be held liable for and may be sold to pay all fines and costs assessed against the person occu pying such building or premises, for any violation oi uus act; and in case sucTt building or premises belong to any minor, insane person, or idiot, the guardian or guardians ot such minor or minors, or insane person or idiot. who has control of such building or premises, shall be liable for and ac w w mm count to such ward or wards, insane person or idiot, for all damages, in con sequence of the use and occupation of such building and premises, and liabilities of such fines and costs, as aforesaid. Sec. 11. That all prosecutions under this act shall be in the name of the State of Ohio, and shall be commenced upon a written complaint, under oath or affirmation, before any Justice of the Peace oF the county in which said offense was committed, or Mayor of any incorporated town, village, or city, or by information or indictment, as may be provided by law for the prosecution of offense, the punishment of which is not capital, or imprisonment in the penitentiary: and upon the filing of such complaint with such justice of the peace or mayor as aforesaid, such justice of the peace or mayor shall forthwith issue a warrant, directed to the proper officer, for the arrest of the person or persons named in said warrant, and bring him or them before the Justice of the Peace or Mayor, issuing such warrant, and upon the return of eaid warrant served, such Justice of the Peace or Mayor, shall proceed to inquire into the truth of such complaint, unless for good cau e shown a continuance is granted at the instance of either party, and in case the continuance of said action as aforesaid, the defendant or defendants shall enter into a recognizance to the State of Ohio, in such sum as the Justice. of the Peace or Mayor may deem reasonable, with security to the acceptance of such Justice or Mayor conditioned for the appearance of said defendant or defendants at the time fixed for the hearing of said complaint, and in default of such defendant or de fendants giving such recognizances as aforesaid, the defendant or defendants shall be committed to the jail of the county to be safely keep until the time fixed for the hearing of said complaint and if the parties so recognized shall not appear at the time set for said trial, the recognizance so given by him or them shall be forfeited by such Justice of the Peace or Mayor, and such officer shall enter such forfeiture upon said recognizance and also upon his docket, and thereupon sueh Justice or Mayor shall forthwith proceed to collect the penalty of said recognizance by instituting an action thereon and proceeding with the same to final judgment, and when the same is collected aftjr paying the costs of such collection, such justice or Mayor shall pay over the balance to the township, city, or incorporated village Treasurer for tho support of Common Schools, and in all cases of prosecution before Justices of the Peace, or Mayor, if such officer finds the complaint to bo true, he shall recognize such defendant or defendants to answer such said charge, as in other criminal prosecutions -of like grades. Provided, that if such defendant or defendants shall plead guilty, such officer may affix the penalty, and proceed to judgment; and in such case, said officer shall immediately issue an execution against the property and body of the defendant, for the fine and costs, unless paid or secured, and said defendant shall not be discharged until said judgment and costs shall be fully daid, or secured to be paid. Sec. 12. The following form of complaint shall be sufficient in criminal proceedings, before Justices of the Peace or Mayors under this act, when applicable, but may be varied to suit the nature of the case, namely: State of Ohio, county, ss. Before roe, A. B., (a justice of the peace for said county, or mayor of, &c, as the case rosy b,) personally come C. D., who being duly sworn according to law, deposeth and saith, that on or about the dny of in the year, at the the county of -a-

foresaid, E. F. did sell intoxicating

luiuors to one 0. II., to be drank in the place where sold, (or to G. II., e e minor. &c. or a person intoxicated, as the caso may be, or is tho keeper of room or tavern, as the case may be, where intoxicating liquors are sold in violation of law,) and further saith not. Signed. C. D. Sworn to, and subscribed before mo, this day of, A. D . A. B., Justice, or Mayor, aVc. Sec. 13. In all prosecutions under this act, py inaicimem or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the piace wnere soia, ana ior any violation of the fourth section, it shvll not be necessary to slate the name of any person to whom sold; and in all cases, the person or persons, to whom intox tcatincr liauors shall be sold, in viola A . - ? ll ' . 1 11 I 1 A tion oi mis act, snail oe competent as witnesses to prove such fact, or any other tending thereto. See. 14. That "an act to restrain the aala of BDirituoua liauors." nassed March 12, 1851, and "an act rutber . r--- - ' . defining the powers of trustees of townships," passed March IS, 1863, be, and the same are hereby repealed; Provided, That all suits and prosecue tions pending undei said acts, or pre1 " -111 vious violations mereoi, snail oe pros ecuted under said acts, the same as before the passage of this act. . U. LLoLUiXJJ, Speaker of the House of Rep. JAMES MYERS, ' President of the Senate. May 1, 1854. Thi Last. One of our predeces sors comes rushing to ask us "Why are the Kick-a-poos, who walk with their feet turned inwardj like a musical chord?" We gave it up, and he says, "Because they are m-to-na tion!" letter from Evansville. Evaksvillx, Jan. 6, 1855. Who, looking backward from hla manhood's m Sees not tho spectres of bis misspent timer prime. . , "irmu. It seems, Mr. Editor, but yesterday. that I gave you an account of the holidays of last year, so quickly has .1 a i T.r ii .i tne time passea away, it w wen mat there are recurring periods calculated to make us pause and reflect on swiftwinged time. It is only by looking back on the years which are gone that we can realize how 6wutly time is pass ing away. Looking into the future, time seems often to move on leaden wings; and we sometimes chide the dull moments as they pass. But whenJ the eye is turned backward, our days and years seem to have sped away , "Like shadows of a passing cloud:" and we sigh to think that so much of our allotted space is gone, and gone to so little purpose. "Time in advance, behind him bides his wines. And seems to creep, decrepit with his age: enoia mm wnen past oy; what men la aeen Bat his broad pinions, swifter than the winds?'' Dr. Young says: "We take no note of time bat from Its lots." . t is a melancholy fact that multitudes earn no useful lesson even Lrom the flight of time. Those who are disposed to improve it, aud who wish to accomplish something worth living for, are frequently aroused by a backward glance, and induced to press forward, with quickened energies in life s pursuits. But the majority, I fear, are more concerned to devise methods to 'kill time," as the phrase is, than any thing else. How many, particularly of the young, devote a large portion of their lives to fictitious reading, to idle reveries, chasing phantoms, and building castles in the air! These kill more than time. The intellect withers, the moral sensibilities are blunted, the imagination is polluted by such a course; and many a man by no other means has been fitted "lor treason, stratagem, and spoils." I give it as my deliberate opinion mat next to dram-drinking, fictitious reading is the greatest evil that curses this nation; and next to those who make and vend ardent spirits, the maker and vender of this mental poison are the greatest enemies to society. This position, may seem unreasonable to some parsons but I hold myself ready to defend it. If I thought I could reach any of those most intcreted in it through the American, I would be glad to furnish a few 6hort chapters on this subject. But I fear they would not be read by those for whose benefit they would be written and hence I shall not attempt it. No man, in leoking on the past history of his life, can fail to see when time has been misspent; and hence, the most active and industrious are heard to say often, "If I had my days to live over again, I could make a vast improvement." But we know not what we would do if permitted to live our time over. It is alike idle and foolish to stand indulging in regrets for the past, or wishes for the future. "Time past, and time to come are notTime preacat la oar on ly lot." The best way to atone for the past, and mako sure for future good, is to improve the present. Seize on the present moments as they fly, and put them to good account, and all is right. There's no telling what may be accomlished in the short period of human ife by a wise and diligent use of time. But to accomplish much we must watch and improve the minutes. Tho poet has beautifully said, The boldest efbemee that human wit can torgm, Or bold ambition d re to put In practica. Depend upon our buiban.llug a moment." But I must stop these reflections, which I fear will be considered dull and commonplace. I have not written to mako the reader sad. Why should any be sad even though we see "the spectres of our misspent tune?" To be

sad is no part of the remedy for past delinquencies. It can nuke the past

no better to be gloomy, nor tho future worse to be cheerful; hence, let every one say, "Begone, dull caie!" and with a light and cheerful heart seek to improve present moments as, they pass, and soon "Old Time will end oar story, But no Urne, If we end well, will and eur glory." BAKER. Letter fromDr. Magnire. ' FATXTTIVILLEJan. 10, '55. Dear Editor: It may not bo uninteresting to some of your readers to hear something about the town of Fayetteville. Be4it known, then, that it is a quiet, unptetending little place, of some three hundred inhabitants, situated in the southwest part of Fay ette county, and surrounded by a rich and lerule country. Like the Irish woman's cow, the town is not tig, but U s most avful omd the memory of the 'oldest inhabitant' not being able to trace the vista of the past back to its commencement. It's akind-o'-out-o'-the-way place; and but little troubled with public works, or ipeculat'm improvements. There is, indeed, one turnpike road, leading directly from your toten to this one, through the cUut of Blooming Urove and L.aurel; but then, it is cot finished, and cot likelv to be: and bo. we think we have but little to fear from that source. And there is another item of conso lation for our quiet and quiet-loving burghers: this town stands so high in tee world that there is not the least danger of the good citizens ever having their sleep disturbed by the snort of the iron horse, or Clarkson's "rumbling wheels of commerce." Nor is it likely that they will ever be duped into the belief that a railroad will be built through hers, only to have their bright and . inspiring visions of fiery horses, flying cars, and rumbling wheels, all knocked into chaos by the startling announcement that the scheme of building said road had been suddenly abandoned by the company at the time its prospects seemed the brightest. O I must val'ant Valley Road Company 1 you deserve to have monuments of sand erected to your memories; and your names all indellibly. inscribed high, high up in the temple oi Shame! And, Mr. Editor, your name ought to be there, too, for advising the company to cravfl&h, a la Xapoleon tlie Liiüe. Well, my good friends about Metamora, I know some of you feel, very bad about it; but I don't know how to consols your lacerated feelings, any better than to tell you, in the good old class meeting way, that you 'ought to be thankful it's as well with you as it is.' But, to return whence I have digress ed: Fayetteville was, I believe, 'laid out' by Kentuckians, in the days of other years, and the name of 'Danville' applied to it in honor of a town of that name then flourishing some where in the Dark and Bloody Ground. This place is strictly moral, and can boast of more religious sects or de nominations than I should like to undertake to count, unless I had the assistance of some strong-minded man or woman to keep tally. The most numerous, and all that have houses of worsh'm erected in the town, are the Methodists and Campbellitcs the lat ter of whom have a pretty nine church here, bo far as the material building is concerned. ' There is, however, one drawback it is rather too far from the wtucA water so eloquently talked about We can't boast much in the way of schools, education, intelligence of the masses, and so on; but there is a fine building, designed for a seminary, or high school, just being finished here; and it is expected that, in the coming ng, the young ideas about here will begin to Ehoot with more force and precision than they have hitherto done. Fayetteville is also a strictly tem perance place: and, although the 'Sons' nave done well, I believe the Daugh ters have done better. You will probably remember that, two or three years ago, a number of the ladies of this place, armed and equipped for the purpose, proceeded to the house of a gentleman who had dealings with the "spirits," and got up a most tremendous and effective "knocking," which only ceased when the vessels containing the spirits had been demolished, and the spirits themselves had sunk into the earth to rise no more. Since that time no one has been heroic enough to bring on a fresh supply, and the town has not since been cursed by any such hells of vice and pollution as are 6uch a blighting and damning disgrace to Brookville. Yours, ' W. M. "Banks and Banking." Mxtauora, Jan. 13, '55. . Mr. Editor: You, and others, may say what you please about the banking operation ol this country; they are indispensable; we cannot do without them. Banks are like many other things, necessary evils. Imperfection is stamped upon all human affairs, even the most important and beneficial to the world. The results of Science, and long patient research, are often (by the deranged state of things,) overwhelming in their results to the destruction of millions of property, and thousands of lives: for instance, such as railroads, steam navigation, fcc. Yet, for all these attending evils, the cum m um ij ittuuuvuivuo iui wiviu, j for without them the brought to a stand. world would be We must take the world as be. it is not as it ought to Banking is as ncessary a business to community as any other. If tou proscribe one for any cause, (say human management.) they are all liable to the same objection, and for tho

same reason you might banish all business operations from the country, und leave us far more prostrate than wo now arc. It is evident to all unprejudiced minds that the business and improvement of the country art based upon banking operations, so that they are dependant upon each, other: If one fails viz. the banks the other fails alo. So the main thing is to sustain the currency; and that can ' enly ' b done by protecting , the industry and business against foreign importations in order to keep the precious metals in the country; otherwise, not only will the banks be drained, but the country too, and all will be prostrate together. We may lay down this maxim as an established truth: The greater the benefits, attending any human one rati on. to eommunitr. ' the

greater may be the evils resulting from human management. All that we can do is to teach honesty, and try to raise the moral condition of mankind parallel with the improvements of the age; and as a farther security, let no banks issue without a solid and secure basis. so that there will be a' Joss to none. It is a question whether the business of the country can be done upon, a specie basis (as the average to each individual in the United States Is- sot 59,) when there is not much more than enough to defray the expenses of the general, and state governments in all tb cir various branches. Executive. Legislative and Judicial. - The gener ai and state governments require mil lions in their treasuries; and what is left for the people? nothing sufficient to do the business of the country. The only thing that remains for us to do, is to see that our country protects her industry azainst all forsim comr p o , petition in her, importations, and then our country will take caie of herself. A FARMER; Mr. Editor:-When bogs are sold at live weight, is it practicing the Gouen Rule to give them all the com and mug tney can eat and ünnic just oeiore they are driven upon the scales? ' ; -' And we wish to know if that man who buys his tobacco at the bar of the. tavern, buys anything else that has a tendency to make him so loquacious! How long will it be before we' can dispense with our grocery-keepers and' set them to something that will benefit the human ' family? By the way,-1 understand that the ladies of Brook-, ville have politely invited .those (men to quit business; I hope they 'Will aecept the invitation: if they do not, the petitioners will find , some way to accomplish what they so earnestly de-) sire, and a cheerful . acquiescence is better than forced obedience. .1 hope that the war will be conducted with an eye to the good of all concerned; but Ladies, don't give any quarter, except upon unconditional surrender, and -a treaty not to engage - in that unholybusiness again. ; S. Tire Wat to Bctld Up a Stats. Governor Grimes, of Iowa, in his inaugural address, thus "described tho wants of the thriving State over which he presides: , . '. ) "She wonts educated - farmers and mechanics, engineers, architects, metallurgists and geolegists. She needs men engaged in the practical duties of life, who have conqured their professions, and who are able to impart their knowledge to others. She wants farmers who shall be familiar with the principles of chemistrytas applied- to agriculture; architects and . mechanics wno will adorn her with edifices worthy of so fair a land; and engineers ' ana geologists who will develope LerTesourses, and thus augment the wealth and happiness of her. citizens. This want can enly be supplied by' the establishment of a school of applied, sciences. I have no hesitation, therefore in recommending, that a University fund be appropriaete to establish h practical scientific or polytechnic school." ' Newspapers. -Judge Longstreet, whose views on all subjects are sensible, practicle, and worth treasuring up thus sets forth the value ' of a news paper: "Small is the sum that is required to patronize a newspaper, and most amply renumerated is the patron. I care not how humble and unpretending the gazette" which he takes, it is next to impossible to fill a sheet fifty-two times a year without putting into it something that is worth the subscription price. Every parent whose son is off from him at school, should be supplied with a newspaper. I well remember what a difference there was between those of my schoolmates who had, and those who had not access to j newspapers. Other" things being equal, the first were always decidedly superior to the last, in debate and composition, at least The reason is plain; they had command of more factsYouth will peruse a newspaper with delight when they will read nothing else." 371 1 is the ad rice of a "cullud gemmen,' that if you have any money about you, the less you show it around the better. "Cause vv? Niggers will steal, while white folks ain't no better, sometimes, dan niggers." The advice, we think will bear dwelling on. itTrKiidv. an what is it vou'll ffive jjjg ior ureaiciasi mis mornin - xin, Patti.tobe sure." "Fish! . the devTl wid yer fishl What's this 'you done wid the three mackerels I biot you hsstaveain!" 5TA young lady being reccramended exercise for her health, said she would jump at an offer, and run her own risk.