Indiana American, Volume 24, Number 3, Brookville, Franklin County, 4 January 1856 — Page 2

A NEWSPAPER ft 8RlEi' äüiVl , THE IATBST PORMGN AND DOMESTIC iNBUIGBNCB.

INDIANA AMERICAN.

"HHlll OT TO TSCTB, TO L1IU1T 4D U, aa vo awr es, 4.x no r.a ! ' wi." TT A. QOODWH, Editor llOOmiXX. INDIANA tHIDAV, JAMBV 4, ISM. Slaestiaa aaUr.uini " Jar,r cl.cu- ! alios haaao tMMWt MM we aava bow. aar on .aaatloo , UM lrjTi clroalaUoa la Ipdlaria, axept, (MriMM, two pwr In iadlanapolta, ud u la afWaSaSa to 4 raaltsieat porttaa la Staaa. Mmh wHo waOu to 4irlM In Saa WMtt Water raUajr, will do wU to re mem bsrULsSvei. State Temperance Goaren tioa. The Grand Division, last October, resolved to mvite Ike friends of tempermace to meet m Meet Convention oa the 22nd of February 1866, and there is a desire every where to hold sank a Convention. Let the editor who are friendly to temperance, keep this call prominently before the people, and arge a general attendance. Let the minions of rum and rain know that, though driven back, the people are not conquered. Let them attend by the thousand. Sow 8tands the Liquor Law? Judging from the closing paragraph of Judge Stuart's opinion, we fear we were mistaken as to the ttatua of the law- From that we infer that everybody is authorised to sell for the purposes specified in Ihe law, without giving any bond, and it will devolve on the prosecution to show that he sold for other purposes. We shall wait with great anxiety to hear the opinion of some of the courts on this point. If the law were so construed as to require every person who sold to give the bond required of agents, and keep a book, as agents, and prosecute those who obtain liquor under false pretenses, tha law woald yet have some vitality. Bat any conatrtnetion upon this law, since the decision, will make it a lame affair. Oar only hepe is in another legislature. Meanwhile, let not the friends of whisky triumph. We have gained a great victory, in the passage and temporary enforcement of the law. It will be years before the question is finally settled, and uc are willing to toil on and toil ever. Since the above was in type, we have received the Lawrenceburg Register, acquainting us with the process by which whisky can be made free. Two eitisens of that place were fined, last week for violations of the law. They refused to pay their fine and were sent to jail. They applied at once to Judge Perkins, for a writ of Habeas Corpus, which he granted, and, ere this time they are enjoying the liberty of making drunkards according to the most approved plan. --"- -s - Bad Titles. Alf lands in the eastern, northeastern, and southesstern parts of the county that have been sold of late, at sheriff's sale, hsve imperfect titles, as will be seen from the following extract from the Revised States, of 1862, pages 14t and 143, sec. 467 provide "The time snd plaee of making sale of Beat Estate on Execution shall be publicly advertised by the Sheriff fur at least twenty days successively next before the day of isle by pasting up written or printed notices thereof in three of the most public places in the township in which the Real Estate it situated, and a like advertisement at thedoor ofthe Conrt House of the county; and also by advertising tbe am for three week ucoaiviy in a newspaprr'printfd nearest to the Real Estate, if any such newspaper be trhlted within the jurisdiction of the henff." All such property should have been advertised in the American, according to this law. Fire in Evansville. The new Court House inEvansville, which cost some 040,000 was burnt last week. Why was it not made fire proof! We defy fire to burn down ours, from within or without. If even the furniture of one of the offices of the Court Rooms wer to be set on fire, it would not injure the house. 7 Mr. J. W. Larmore, of this county has invented a Soil Pulveriser that will pulverise the süßest clay soil, to the depth of twelve inches, with two horses, as fest, seit can be plowed. He used it last year to the satisfaction of those who witnessed it. For corn, he uses it, and then a plow. For oats he uses it, and then harrows in. The oats thus sown were equal to those put in by plowing and harrowing It is capable of being used instead of a cultivator, in corn, and ia said to be much better. Judge Oookins. At present, we have but one other remark to snake on this subject, and that is, to eall the attention of our readers to the significant fart that Judge Oookins, elected on the Fusion Ticket iu 154, is the only Judge who sustains tbe law in all its deformity, so that they may know hereafter how to hare Maine Laws sustained by the Courts if her desire auch laws to becove the policy of the State. JacksoWem. We are happy to agree once with the Jaeksnntwn. We want the attention of the public called to the fact that Judge Oookins alone sustained tbe law, and we want this fact to be prominent at the election of Jdges in 1868.

Prof. Edwards. At meeting of the Trustees of BrookvHte College, held December 25, 1866. the following resolution -ras adopted unanimously: Rctolved, That in dissolving the connection between Prof. E. ü. Ed wards, and this Board, we render him our thanks for his devotion to the interests of Brookville College, and our congratulations on his election to the presidency of A hite Water College. JNO. D. HOWLAND. 8ec. Brookville, Ltd.. Dec 26. 1856.

Final Opinion. The Sentinel contains thi opinion of Judge Perkins in the Bebee case. It in identical, mostly with the opinion heretofore published, hence we do not republish it. Judge Davison appends the following note to Judge Perkins's opinion from which we infer that wnile he agrees with Perkins aa to the question at issue, he is ashamed of his mrgumndt: "I concnr in the discharge of tinprisoner on the grounds stated in the opinion of Judge Perkins, and nay, ml a future time, give my opinion at length. A. DAVISON. Among the real estate offered for sale by J. D. Rowland, Executor of the last will of Samuel Goodwin, deceased, the farm on the hill, east of Brookville, is especially deserving the attention of buyers. It will be sold all together, or u least 140 acres of it. The soil is good, having yielded, on an average, for the last 15 years, equal to most of the bottom land, and then it is entirely above high water, and out of danger from fieshets. The house now occupied by the editor of this paper is deserving the attention of all wno want to bay a comfortable, small house, cm reasonable terms Possession can be given immediate .T. Regulativ, the Thermometer. The Sexton of a eburch, near by, had a great deal of trouble with his thermometer last Sunday. Having nearly roasted the people on previous Sundays, he was told to get a thermometer and not let it get above 70 degrees. But, by a good fire, it kept going up and up. To obey instructions, he took it out of doors, which soon bro't it down to 70, but on being taken in again it went up again. He repeated the going out process three times, and finally gave it up saying that thermometers were troublesome things. The editor of the Sbelbyville Volunteer, lately attended a Methodist Quarterly Meeting. He thus puffs Bro. Eddy: "At the late Methodist Quarterly Meeting in this place, we listened with pleasure to several interesting sermons

from the talented Presiding hlder, the tor tlieir peace, satety, and well-being Rev. T. M. Eddy. The subjects were For the advancement of these ends exclusively confined to the gospel the ; the people have at all times an indefinterests of Zion, and the salvation of , easable right to alter and reform their souls." .government." We presume Bro. Eddy didn't hap- Accordiog to all publicists the right --- nt - -- . to hold and enjoy private property is pen to reason of righteousness, tern - , r- fi tr r t ' among the inalienable rights. In the Durance, and a judgement to ooms, or con8tjtatjori of ,bl6 the right "of acthis old line editor would have charg- quiring, possessing, and protesting

cd him with preaching politics. Tut: SfKAKSRSBiP It is a fact wor

thy of note, now that the contest forrikJht of "! ,!iberly- a"d Pprty a l . I . . said to be inalienable? It does not

Speaker is so protracted, and protracteo soieiy on tne slavery issue, tnat in - a . S a, 1

the thirty -two Congresses which have whole statute book is in some measure existed, since the organisation of the a standing interference with, and reggovernment, 14 speakers have been j lRtior üf v7 hing. The a . . , t , Executive, the Warden of the prison, Southerners, and sixteen from the . , .J : . ... the sheriff, the whold corps of execuNorth. Since tbe jear 1800, the tive and adinuiistr i ive olheers are conNorth has had only three speakers, tinually taking away these rights from and one of tbero was J. W. Davis, as : some citisen.

pro slavery as if he had l.ved in tbe South. No wonder the South give up their righte so reluctantly. The speakership belongs to the South by right of po! A Clerotman im a Fix. A week or two since, a Presbyterian minister resigned his pastoral charge in Philadelphia, because the rules of his church would not allow him to marry I woman who bad been divorced. The widow, learning that he had sacrificed his religion for a wife, refused to marry him He is now without a wife and without religion. Expelled. We learn that S. F. Covington waa regularly expelled from the Democratic (?) party at Kising Sun, on the 16lh ult., on the suspicion of being Anti-Nebraska. He ap peals to the people, and cullaa meeting for Saturday, the 5th of January, to defend himself snd to offend Col. Pepper. In addition to more talent, Covington has the advantage of being on the right side of the question. The Library Association. Every friend of this Association who has not already done so, is requested to donate books to aid in carrying out its objects. Let the books be deposited at Haile's Drug store by the 12th of January. An effort now will secure the McClure donation. Elder Daniel Franklin will preach a the Presbyterian Church, in Metamora, next Lord's day, at 1 1 o'clock, and at night. All are invited to attend. jtsTMontague k Son are doing a good business at Metamora. They Jeservo to. rM says it is no body's business why be did'nt Address his patrons on New Year's day. He saved the tramp, and they their quarters. A Uro Hoo. F. M. Swift, of Fairfield, had a hog killed in Brookville, last week, which weighed net 634 lbs. The whole lot averaged 298 lbs. Beat that, who oan. Boos, In Brookville, are worth 5,00; iu Cincinnati, about 6,60 and dull at that.

NIElMTOiy LIUU Ii! OPINION Ot JUDGE STUART. Beete we. the State. Appeal from Marios Common Pleas

Beebe was prosecuted before ihr Mayor of Indianapolis for two distinct violations of the liquor law of 1855 The one was a charge for manufacturing beer, the other for selling it con trary to the provisions of that act. He was tried; convicted in both cases and fined fifty dollars each. Failing to pay or replevy the fines, Beebe was committed to prison. On his application to the Judge of Gommou Pleas, a writ of habeas corpus was issued. The officer having him in, charge returned as the cause of detention, the proceedings, judgement, and order ot the Mayor in tbe case referred to. At' ter he iring he was returned to prison From that order he appeals. These cases have been twice argued orally, with distinguished ability on both sides. And what is still more commendable the argument was con ducted with that moderation and for bearance so becoming iu forensic dis cusston. The first inquiry is what does the record present? Simply a question ot legislative power. The details of the law are not before us, and are not, ol course, considered. The inquiry here is confined to the sate; lor wie question arising on me other case for manufacture admits of a very different solution. Hiving, for reasons given in that case, come to the conclusion that the agency feature, and the several parts of the law relating to manufacture were unconstitutional, the question on the sale arising on the other Beebe record, alone remains. The act assumes to confine the use of liquor to the departments of the sciences and the ordinances of Christianity. And the question is, is it competent for tbe legislature to thus restrain the sale and use of intoxicating liquor. It is admitted in argumentthat there is no express jiroviaion of the constitution restricting the general assembly on that subject. llButitis insisted that such restriction is implied in the first section of the bill of lights. Let us place the statute and that section of the constitution together. Stript of all that relates to the agency and to the manufacture, ike 1st and 5th sections as to tale arc in substance: That no person shall keep for sale or sell by himself or agent, directly or indirectly, any spirituous or intoxicating liquor, except for medicinal, chemical or mechanical use. Laws 1866; p 2U9, 21 1. To prevent misconception the first section of the bill of rights is quoted entire: "Sec. 1. We declare that all men are created equal, that they are endowed by their creator with certain inalienable rights, that among these arc life, liberty, and the pursuit of happi near; that all power k inherent in the people, and that all free governments arc, and of right ought lo be, founded upon their author1 ty, and institated property was expressly enumerated 2d. It becomes important, there fore, to inquire in what sense are the mean that the legislature shall not pass Rnv . : reUl; lo ,, K ,h It dos not mean, therefore, that these rights are lo be held superior lo, and above the luws. They are held subordinate to such municipal laws und police regulations as tbe political or eocial organisation in which these rights are enjoyed may rightfully enact under the constitution. Tbvy are held subject tj such restraints as "the eact, taftty and well being," of the body politic may require. Thus in Cwldcr vs. Hull, 2 Dallas 386, the Supreme Court ol U.S., says: "The right of propeitj is always subject to the rules pre scribed by positive law. The right vesica in me citizens is lo do certain acts or pusses certain things according to the law of the land." These rights therefore, may bo taken away "in due course of law" as the forfeit of violating municipal en aotraents. What, then, does the unalienable right of property mean. It might be comprehensively answered that t h whole constitution is a comment on that text. It means that the citisen shall be secure in his effects from un reasonable search and hiezure. Sect. a a rni i i iii it, Ait. i. i nai lie Miail navo a right to a public trial by jury. Sect. 12 and 20, id. That his services or property shall not be taken without just compensation, Sect. 21, id. And so of all the other restrictions of tUe constitution. "They are tbe barriers erected by the people" against the encroachment of the powers they have delegated to their public ser vants. Locke says it is against natural right lor the government to "dispose of the estates of subjects arbitrarily or divert vested rights at pleasure." The legislature cannot take the proo erty of A. and give it to B. bo in the school cases it was said by this court that the legislature could not take the property of A. and H , divert it from their use, and distribute it ratttably to third persons. The unsoundness of such legislation as viola ting fundamental principles could not be doubted. 0 lud Thet J cases sufficiently indicate the meaning of "unalienable rights" a- used in tlie first section of the constitu'ion. They sufficiently distinguish between an net which assumes to transfer private property without trial, without notice, and without offence, from an act of municipal rcgu Istioti having for its object the peace. taftty, und well Ixiny of sooieiy. The application of this distinction is obvious. Supposing the legislature of Indian)' had passed an aet appropniitijg lilt v Oarrels of appellant's beer to the use of the Mayor of Indianapolis.

This would have been an infring -ment of Bcbe's "unailienable righte." Against such spoliation of his property without offence, trial, or noliVe, the courts would be bonnd to atford him prompt protection; hu: not against the operation of a municipal law enacted in conformity to the const uu lion. Closely connected in the argument, with unalienable rights, are tbe limitations of legislative power outside of the constriction. The relevancy of tbe inquiry is not readily appreciated. It involves many curious questions lying all along the exterior boundary of the rights and duties of rulers and people in extreme cases. It will be pardonable to decline speculations. Extreme cases seldom prove anything satisfactory. We will, there fore, c nfine ourselves to the facts as we find them in the constituiion and law; And oar judicial duty in tbe

premises. The tendency of courts is, or at least, should be. anything but revolutionary. What rights and what leg islative checks outside of the constitution and not delegaed by the peo pie trj their public servants may exist, we are not careful to inquire. Theyrn seldom, if ever, become a basis or rule of decision. Perhaps these inquiries might not be out ot place in a popular assembly. But at this late day, in a government like oars, with distributive and well defin d powers and duties, the setlemeni of Usees abstruse questions does not sem to be the chief debt we owe the public. It is enough for us to know that whatever these extreme rights are. their protection does not fall exclu ively within our jurisdiction. Wi'h the righ-s themselves, the people have also prudently retained In our own hands the means of redress. Tney are ever ready to vindicate them at the ballot box or by revolution, as the case may require. Among our people revolution has attained perfection. The evils or errors which afflict the body politic are intelligently investigated and traced to their source. The remedy is simple and effectual' A constitutional convention of eminent citizens is the substitute for the armed mob of other countries. If the powers hitherto delegated are too great, consistently with the private rights of the citizen, they are quietlyabridged. If insufficient to afford protection they are enlarged and moulded to meet the circumstances; so that revolution" should begin with the people and not with the courts. Any other revolution cannot readily be distinguished from subversion. The syst ra we have adopted is marked for simplicity. The judiciarv and all the other departments live and move and have their offici 1 being and sphere of action in the constitution. Art. 3, See. I. The duty of the Courts is chiefly expository. When the constitution snd laws come up for adjudication, both must be regarded as the work ofthe same hands: both are ofthe people; both must be respected unless they conflict. 4 Ind , 342. and the authorities there cited. In case of conflict, the temporary will, contained in tbe law must yield to the paramount will contained in the constitution. For the Courts to ueclnre a law void on any other ground; to set it aside because it is impolitic or inexpedient, or even like the liquor law, odious and oppressive in some of its features, looks like assuming to protect the people against themselves Against this position there is not a single case in our own reports; but many in coincidence with it. Thu what a law should embrace, involves queslioui of policy more propel ly legislative than judicial. On the other side the learning and diligence of counsel have failed to produce a standard authority or given anv decided case, in which courts have assumed to declare a statute which did not conflict with the institution, void, because to the judiciul mind, it appeared to be against public policy or private right. This court has, therefore, no duties outside of the constitution; and surely none of a legislative character conflicting with (he express letter of that instrument. Courts are not to array th ir iiwn reason against that of the legislatnre; Smith Com; 807. We cannot declare an act void because it coiiflicta iih uur opinion of policy, exnediency or justice. 5 Ii. Tne history and legislative or the times, particularly what was BBSS stale of the question at the adoption of the constitution may be of some importance. It ra iy he premised that most of the colonies, Virginia as early as M irch. 1060, enacted laws "to pre veot disorders and i iota where drink was retail yd." Since the Revolution u is belie ed every State in the confederacy has passed laws more or less stringent in relation to tbe retail of spirituous liquors. At the present moment the liq uor traffic, its evil and reim-di s, js very warmly agitated in many of the States. 'i he history of the territorial and Stale legislation of Indiana shows that she has long ago held a stern hand over that traffic Every revision of her statutes and almost every session of the general assembly, establishes a ettled policy in that respect. It would be cumbrous to make quotations and references in point. Il need only be suggested to those fa miliar with the history of legislation that she has long ago adopted a qualified prohibitory policy, in relation to certain classes of her people. Of tM character there are the several statutes forbidding any person, under heavy penalties, lo sell or give any spiritu on-, liquors to miners, inebriates, ol Indians. In all these 'iia imenls, her n - lit to resort lo the policy of qualiti ed prohibition is fully vindicated. These are not all contained in one act the vagary of a single session. They are numerous, repeated, varied, and amended. Such legislation as sumes the policy which it implies to be correct and settled. Tbe pertinence of this part of legislative history, so far as it goes, to the queslson in hand, will be generally conceded. It is not pwi hapa so generally known that the principle of prohibition is not a new feature in our liquor laws. Il has been rep- atedly adopted before, both kneideatally nud dtrmly. The prolnhiiorv policy was ktOBsV n tally or contingently adopted in I6't2 though there may have been earlier instance. The proviso to the 6-h seolion of the act of February, puts it in the power of a inajorny ot the free-holders in each township lo du-

teat an Himlrealioti for license t)V re monstrance Acts of 1833, P oT. Tims were the inalienable right- of tie people of ihe township iusuovl; th po.-r to bay and sell liquor i:i ever township in the State Where a majori ty remonstrated was taken away. But this court did not declare the In void. By an act to license groceries in tbr counties of Caroll and Cass, it was left to the voters of the respective ownships whether the- retail of liquoi hould b licensed or prohibited. Laws 1842, p. 166. The provisions ol this act were extended to Clarke county, witfi an amending seetion. Law.s 1844-5. p. 103. In 1847 this law was made general, with the ex ception of two counties. Acts 1847, p 4G 7. In the following year that qualified or indirect prohibition policy was renewed and of course approved by amending the aol, givjaa ij great er efficiency Laws 184K. p. 15. Il was again amended in 1849 as to the counties of Decatur, Ripley, Jefferson. Dearborn. II. nry. Ohio, Union, Park. kc, making it still more stringent. Acts 1849, p. 83. At the sime ses sion there was a separate act, of similar character for vV abash count . Ib. p. 84. The sau. e qualified prohibitory policy, by means of the township vi was attempted under the new conii tation in the liquor act of 105 . I wat declared unconstitutional forotbti reasons, not going into the inhibitory features; In commenting on tluit act the court says: "Had the people it each township voted 'no license,' there would have beott no opeialive license law in the State for one year fioro April, 1853. And had the people so voted every year fur all time to c nie. no license could ever have been IsM ed " Maize vs. the Stale, 4 Ind 312 The prohibition to retail less linn a gallon was complete. During all tinperiod from 1832 to 1853, there wa a standing prohibition and penalty against selling without license so that the prohibitory policy as to retail was i .!.! .11 I jistincily evolved. There was a third series of leirisla-! tive acts directly adopting the prohibitory principle. Thus in January, 49, a special act was passed prohibit ing the Rale of any spirits in Dulton township. Wayne county, for any other than scientific or medicinal purposes Acts 1849, p. 82. At the same session a similar act was passed prohibiting the barter or sale of spirit uous liquon, in Posey township. Rush Co.. except for medicinal or mechanical purposes, lb. p. 85. The following year, contemporaneously with the convention, an set was passed for Plaintieid, Hendrickä Co., prohibiting the sale of any intoxicating liquor whatever within two miles of the Peel Office except for medicinal, scientfic. or, sacramental purposes. Acts 1850, p. 123. 'Ilms was the prohibitory principle adopted partially in regard to certain classes, us Indians; contingently nil over the State by tho township vote; and in certain localities adopted di rectly To these may be added the power conferred by r Marlers upon towtu and cities to inhibit or license the sale at their pleasure; thus clearly assuming (hat the State had herself the power which she had grunted to the munici palities Tl.iis 1: : 1 lh Stuf. Kv u urii nf . V ...V . k. J . u t r . . . . enactments at different times and in va- ! rious ways, assorted the principles of prohibition whenever bbu deemed it neCeSSSry. During all this period the action of the several departments of uhe go ernment were concurrent and harnioui ous. The courts expounded and endorsed these prohibitory laws the ex ecutive officers enforced them. State vs. Stucky. 2 Blackf. 289. State vs Jackson, 4 Blackf. 49. Slate vs. Wutson. 6 Blackf. 48. State va. Graeler, G Blackf IDG. State vs. Fur in in. Ih. 348. Blodgels vs. the Stat, lud. 4U2. State vs. Clark, lb. 451. Far-1 Well vs the State, Ib. Ö73.

j i. x . swan -

Such was the state of the question . the proper province of legislative cogwlien the convention which formed the. pjaaaee present constitution assembled. The great objection urged to every

There was a proposition presented I to that body to the e Heel that the ; State should divest herself of u!l com- ' plicity with the traffic iu liquor as n source of revenue. That was the ; whole extent of the proportion, anil it was voted down. What was the ef ' feet of that vote? To leave the ques-' lion where il found it. And perhaps it was thus disposed of like in my oMi- j er propo-iti'Mis, bee tuse deemed to In more properly legislative than institll llonal While th orivention was nw i d in limiting such local legi-htion a these liquor acts Were, they cannot lit supposed to have overlooked the prohibitory principle. Had that feature been obnoxious it would have been modified.

But while checking these no public opinion but llutt of the cirthey silently acquiesced in elc'of vicmus ilidtlhteaOS in wiiich

local laws t iheir principles. This is a weighty J consideration as a part ofthe history of the subject. In accordance with the doctrine of this court in 5 Blackf. :iH4, we csnnot doubt but that the i convention intended to leave the liquoi traffic the rnniiiMi tiun Wim tru: in CLt'OKO precisely where 't found n, in the discretion of the legislature. So th l the state of the question when the present constitution was udopted favors the principle of prohibition. Some confusion has misen from a play on the words "regulate" and prohibit," It is conceded that the legislature h is the power to regulate. And win? The unregulated traffic is found to be pregtmst with social evils; ( injurious to the health and morals of1 (he community. In brief, it is OOtori ously inconsistent with that "peace. 1 safety, and well being" of the bod) J politic which the constitution has or dained to promote. 11. nee the riht ofthe legislature to iasarfere in any manner Upon any other hypothesis the attempt to regu-1 late would be as much a pieee of legislativ despotism as the attempt to prohibit. Kveu prohibition itself is bui one kind of regulation. The regulation whether mild or extreme, partial or impartial, is the same in principle. The t'ifference is not iu the kind of interference, but in the degree. The act which prohibits the sale oi in toxicating liquor by a less quantity

than a quart, a gallon, or twenty gal-1 noiuiced in the outset, thai the de Ions at a lime is called a regulating (nils of ihe law are not before us; and law. But il is too plain lor argument j -his opinion is not se be regarded aihit such a law is inconsistent with covering the search Ifida lame clause. that despotic right of property which! It is coittinied wholly t tho question is elaimi'd to bo scoured by the cunstl- h. fore u As power al ihe leaislaSuisse. Is it the right of ' tho citisen j tum to rvsiraiu the -ulo and use. to buy and -eil aud enjoy property I am, therefor-. e4 opinion that it us he pleaHtb? If so, u guilon law is j was coinjieiont lor l ha legislature to uu invasion of that right. So is eve- restrain the u and sale of intoxica-

Utnitii Lwliat fthe quantity. No int you fix tue limit. Gen -nil Isms; or by matter ! tWo ii it n tue you csil it, regulation or prohibitum; Hie nil the same in principle. Below the fixed point they are all in their nature prohibitory. fo long as those who advocate the liquor traffic deny the right of the leoisla'ure to interfere in any degree, they are consistent. On abstract principles that species of property Uns se ure. as any other. The owners of liquors list il for taxation and pay tax es upon it like nthsf property. TV reciprocal duty of government is to protect. Upon what principles an- li quor dealers to be called upon lo procure a licenss at extravagant rates, and tile n bond, die, to entitle them to vend and deal in sjii ituous liquors? And why, even after that, should tin y he restrained as lo time, quantity, lud place? Abstractly, free traffic in hquor is as much a light of private property, hs tree truth-; in flour or corn or m'i -haii lu'.'. In the abstract, any duty, or tax. or burd n imposed upon il is aiierJy indefensible. Baker vs. Orr, 4 lud. Hal if it. is admitted ihat to eonsts V the "peace. snfeU. and well-being" of society, the traffic may be restrained and leuiuted in any decree, 'be whole possM ot coutroversy is con u. tied- After ih r cone ssn-n it will require a very BSSB and discriminating casuit to show that lo eonRerve the "peace, -safely, and well-be-ing.' of community, the legislature Ittay t.oj., it'oe-cd be, prohibit, ilo ivnfflc aliogetho In tin' abstract, all Government is tyranny all political li-cr :ion despotism, all interference to regulate thu enjoyment of private property an mvasKti of right. Take a single exi rc- J . . unpie. rive men Ml (town lo play a uds for money. Tbe room the ti ls, and the money, are all their own private property. By what right does thu legislature cud this amusement "Gambling" and punish it .accordingly? The only possible reason is that this species of amu-e - b ... ..... im nr is found to be predudicial to the public morals.

ery ihm

A law to prohibit the sale of bread 18-'ould stand abstractly on tbe same

principle as a law to prohibit the sale of liquor. Wherein do they differ? in the consequences of their use. I he glutton himself is the duel suf- 1 feryr. The tendency of the inebriate! s I is to disturb the peace and violate the decencies of society. In the end the 1 public put .se is taxed eiihvr to support i him as a pauper or punish him as aj felo.i. IT nc t thu Ii e of a Jaw is the reason or necessity for its enactment. Wluie i the prohibition of the sale of bread ' would hi legislative despotism, the like prohibition in regard to liquor j might be a measure of profound and nacessary policy. 7. Kor my own part I could not readily eonci iye what government was ' made for. if it had not the power, both 10 punish crime and suppress if it J .J . . . I L I i were ueemcu necessary io wie puoiic good, the means, instruments and incentives to crime. Self preserva lion is the first law of governmental as well as individual being. It is jusily said by the Supreme Court of Illinois, that a government which dnl not possess thu power to protect itself against such evils as flow from tin liquor traffic, would be scarcely worth tireserviiur. Jone vs. The IVotili- . ....... - -. . r - 14 III,, 196. Bo Woodbury J., in ihe liOWor cases, 5 Howard, 504. It is said thai these doctrines in Howard Hell' .tpphe ibie. The Were laid down as üim piineij le involved in the j refj kli i "t I ereign niatc. Tin y are spp icible to all sovereignties. . flu m:Ü i w lent independent of these cases, and needed not the nu thorit) even of Judge Woodbury's great name. Admit that the venders of liquor do not force men to drink, the Legislatun; may plausibly uige that they provide the means and spread the al- i lurcuvnts which bail thousands to min; that, therefore ihey couui within law win. h has any semblance of a moral or sumptuary character is this; ' That if it is an immoral or indecent habit, to which a gfwel m-ijoriiy are addicted, the law will be nugatory. It cannot be enforced. If it is a habit which only obtains with a minority, public sentiment will ordinarily suppress it without the aid of legislation. Hence it is urged that the fiqt?or traf lie should be Mm t public opillioU to erinlte lie n s evils. This it admirable theory. While pursued Jia this state conjointly with mild legislation it worked wonders. Bui it is loun l tint there are persani so lost to .ill seiw: of rijjht and propri ety and sell respect as to be utterly callous of public opinion. Thev know they DSOVS Hence the necessity ol legislation on that and otbersvils which, at a superficial glance, woald et in to belong more appiopnatelv to th- drpartsWeal Of private morals. Of this chainetel are many of the sec tioiis under the head of misdemeanors! in the rvi-ed laws. In these and numerous other instances il is found i hat actual experience creates exigencies not anticipated by mere legislative speculation. It is said that the opinion of this oourt shewM be placed on such grounds as would withdraw the liquor iiuestion from the an na of politics. But this is cl.'.irly impossible. It will continue to agitate the public until it i deliuitelv setth d at the, b ittvt box The o; inioti of a court can no more mata mew think ahk on tha. or any oilier subject thaw it can make them look alike. It Was one of the despotic raguftf1 "' Ö aT7 !'u' Bl'' to have an id of l'arlunent parsed to abolish I'll diversity of opinions. Act of April 1539. With f ir more truth has it been said that our opinion, whatever it might j be. should defend itseli. Exactly so that will be its fate. It should be such as alter the excitement of the hour has passed away, and ihe pressure of the moment has heen lifted from us, our "sotwr second thought" SS well us that of the public will ap prove. It is proper to .uM what was an

ting liquor. But that so much of the act as jefates to the mantfacture and agency are uneOnstitational nnd void;

bnt I do not put it on the ground assumed by Judge Perkins. What the practical effect of this ruling will be is not for me to say. The intent with which tbe liquor was sold in each particular case, whether as incident t j the right to manufacture or otherwise, will always be a question for the jury. It presents similar difficulties to those in Brown vs. Maryland. 12 Wheat. 419. Ihe courts will have to settle it on analogous principles. The case for manufacturing should bo reversed and Bebee discharged on its merits. The conviction for svl ling is right, but the record nnd return being defective should, for that reason only, : i -versed also. (XINGRES8I0NAL PEOCEfilllHGS. The President's Message. Wasbtnotoh, Dec. 31st. SitNATE. After tbe reading of the journal the Annual Message of the United States was then presented and read. The President states that he has delayed his annual communication to the iwo houses, in consequence of the nono! ionization ofthe House; but his eon victionsof duty will not permit him to It-lay any longer .-iving to Congress is urination of tho state of the Union. und recommending such measures as he coubiders necessary or expedient. Hi commences ly giving history of the Central American atlairs in particular. He refers to the recent troubles in Kansas, and says that her people must be protected in the exercise of their rights, without inlorfence on the part of people of any other State. He commends the subjeot to the early attention of Congress. He eulogises popular sovereignty; gives the history of the Uni n, and expatiates on State lights with particular reference to Slavery and the Fugutive Slave Law. He regards agitation as dangerous to the Union; regrets to see States disregard constitutional obligations and refuse to obey the law of Congress; denies that the South has obtained advaniage'over the North in the Federal Government; and proceeds to refer to the ordinance of 1787, and the acquisition of Louisiana, to illustrate the balance of power between freedom and slavery. He comes down to the annexetion of Texas, the report of the Missouri Compromise, etc., and argues that the South has got no more than belongs to her. He gives anclaboiate defence ofthe prinviple of the Nebraska BUI, and indignantly denies that it was a breach of faith. Grave questions are pending with some foreign powers, the most important of which is that with Great Britain, arising out of the Nicaragua question. It was the understanding of the United States in making tint treaty thai all the present Slates of the former Central American Republic would thencelorth enjoy complete independence, and that both contracting powers engaged equally and to the same extent for the present and future, that if either then had any claim of right in Central America, such claim was unreservedly relinquished by tbe stipulations of the Convention of Governments, nnd no dominion was thereafter to exist in sny part of Central America by Great Britain or the Uni ted S atcs, snd this Government consented to restrictions in regard to a re'i n wherejp we had specific and peculiar interests only upon the conviction that like restrictions were in the same sense obligatory on Great Britain: but for ibis understanding it nevei would have been concluded by us. Great Britain so construes the Convention as to maintain unchanged all previous pretensions over the Mosquito Coast, etc. These pretensions are founded on the assumption of political relations between Great Britain and the remnant of Indians of that coast, entered into at a time when the country was in the colonial possession of Spain. It cannot be successfully contradicted that by the public law, both of Kuropc in I America, no possible act of such Indians or their predecessors could confer on Great Britain any political righis. It, however, became apparent that Great Britain still continued in tho exercise of large authority on all thai part of Central America commonly called the Mosquito Coast, :ind covering ihe entire length of Nicaragua, ands part of Costa Rica; this act of Great Britain, being contrary to the rights of the Stales of Central America, as understood by this Government, has been made the subject of nation through the American Minister at London. Great Uritlain has, by repeated snd successful treaties, renounced 'all pretentions of her own. and recognised the full and sovereign rights of Spain in most unequivocal terms. Great Britain now reasserts her right to this . Stent of the Gulf coast, and the Eastern coast of Nicaragua. Tbe interfer- ' ice of Great Britain, though mani nice iu the form of military OCOUMttoa of a portion of San Juan Del Norte, now presents claims of a ri ; hi of protectorate over the Musquito Indians. The President adds that this Government steadily denies that, . 1 lie of the tieaty, Great Britain had any possessions on that coast othi r than the limited establishment at Balis. The President states that the BritA Government sees no reason for the interruption of peaceful intercourse on iuut of these differences ofopinon, and hopes for an amicable settlement of ihe controversy. Th President adds: There is, bow ever, resson to apprehend, that with Great Britain in actual occupation of the disputed territories, this international difficulty cannot longiemain un d let mined, without involving in serious danger the friendly relations which it is the interest as well as duty of .i both countries to cherish and preserve. It will afford sincere gratification if future efforts shall result in tSM BWecess anticipated heretofore wi'h more confidence th.i the aspect of the imw permits to entertain. In retjui il to reCrwJtiug by Great Britain, he sav the traditional policy of the United Stales was not lo intert. re iih beligereats; such being tin 0 kit DO -olit iiule was fell until I'arliani p issed au aet providing for a feroigsj legion. It Was a matter of surprise, timere, to find persons engnged in the 1 in ed Slates in this business. The ordinary s:ups were immediate

ly taken to arrest and pusftsh the par j

ties concerned, lie mawer requned ; additional importance by the discing ure of the fact thai the enlistment was prosecuted upon h plan demised by official authority. After stating that a rendezvous bad been established in the United States through the complicity of British civil and military officers, he says; "These considerations, and the fact that the cause of complaint was not a mere casual occurrence, but deliberate design, conducted by responsible public functionaries, impelled me to present the case to the British Government. The subject is still under discussion, the result of which will be communicated in due time." After the reading of the Message, Mr. Clayton made some remarks relative to the treaty of April 10, 1850, n or.l-r to show the people of the United States tbe strength of tbe posi lion assumed by this Government relative to Central American affairs, and the injustice of the position taken hy Great Britain, with regard to tbe construction of ihiR treaty. He agreed generally with all that the President has slated, and contrasted the pacific character of this country with the ag gressive policy always pursued by Great Britain. Mr. Seward inquired whether tbe vrouud taken by the British Govern ment, regard-- the construction of that treaty; namely, that it was merei prospective in its operation, and had no reference to actual occupation by lh at country of the territory in question, was the understanding of the Goverrmem of the United States when the treatv was made. Mr. Clavton then being Secretary of State. Mr. Clayton replied that it was an entirely new construction, something of which be had never before heard. The dubate was further continued at some length, and the "Senate finally adjourned until Wednesday. Hoosa Mr. Clingman obtained the floor and said he did not know what :he message contained, but the President had a right, on the ssembling of Congress, when, in his judgement necessary, to sommuncate it in writing. The Constitution gav efhim the author Mr. Campbell, of Ohio, contended the reading of the message was business, and. holdimr that no business can he transacted until the House is organized ' the sending of the Message va husi 1 ness, in an advance of an organization i was an innovation . was an innovation. ill! A, f . . . I isiiiiiraan was periectiy willing that wie geniieman snouiu aeciae upon th v T.i i .ti '.i " question of order. Orr said the Constitution expressly recognises this body as the House. The House of Representatives shall choose their Speaker, and other officer He thoughtthat Campbell raised his point too soon, It is respeetfal to the President that the message should be read. Campbell, of Ohio, replied it was ... ...-I.. .....I . l : i I ,1 ij j , they could do something with it after it was read Mr. Stepheus insisted that the Mes sage should be read. It might con tarn important matters for Congress to I Know. 1 r W..-M,.,rn f Mulrw, n,.,l -- ... ... j

en, una ia nut n Vyonreaa, inu tlie "" w inaiinain mi. repuiaMoa fori.. fulur. Me Preside, t cannot communicate until ÄWWu c-JVsTÄ-organization. Mr. Giddinirs ssid, I Tb,' 'ktbtaoi.ortonw mumm- theo ain .t-E. ... , ere tliankal their l.irruerpatr..iia, atd aoliclt a this is too grest a question lo be de- j oo:iUu..,oe r their ibor.iasthor "uhTii Jth

eided upon technicalities. He wis bed TiTa. in to meet it boldly. It was an attempt ed innovation on the part of this Government. If it was important for the President to communicate the Message, why delay it four weeks? He would not submit to such proceedings. A debate ensued concerning the constitutional power in tho above premise, dining which. Orr said, the sending of the Message at this lime, wns an innovation, but the extraordinary soene here presented justified the President in taking the responsibil-; Ity. Tbe ouehtlon Was, shall It be rena'itruA .1 a, al 11 i . Humphrey Matshall thoun;ht Ihe 1uyui. ek..wlrl I... .....i....t uewt tui t'tv o -itv. Diiue i a -jrwj t ai a. ivvt veasxa imu on the tahletuntil the House adjourned The House, after a Ion, deb Up, refused to read the messagu, and laid the whole subject on the table. The House then adjourned. The Kansas War Its Finale. We-puhlUh btlow a co,.y of the fa- j mous "Treaty," as we 6nd it in the Sr. .. uemocrai, ol inursday. We don't sec tbat either ofthe high con tracting parties (as the diplomats sny) could bare asked more or taken less. TUB T K I . All, Wkereaa, There is a misnndcrstand-1 ing between the people of Kansas, or a portion of them, and the Governor thereof, ariaing out ef tbe rescue, m ar Hickory Point, of a citizen under arrest, nnd some otber matters: And Whereat, A strong apprehension exists that said misunderstanding may lend to civil strife and bloodshed And Whereat, li ia desired by both i vernor Shannon and Hm itlretis of L iwrence and vicinity to avert a calamity so disastrous lo the inleiesis of the Territory and the Union; and fce place all parlies in a correct position belore the world, now, therefore, it is agreed by the said Governor ßhaneos and the undersigned citiKens of said Territory, in L iwrence now a.ssembled, I that the matter in dupute be settled an follows, lo wit: Wn, the undersigned slliUPI of said Ten itory, protest that the aaid rescue was made without our knowledge or consent; but thai il any of the eitisens of the town of Lawrence were enag ed in said rescue, we pledge ourselves to aid in the ei' Wlalot of Any legal process against them. Thai we have no knowledge of the previous, present or prospective existence ef any organisation in sstd Territory lor the n mi unce of the laws; and thai wc have no; designed aud da not d ;n to reeioi ihe legal service of ay criminal process therwin; but pl ige ourselves to aid in the execution of (lie lawn, when rilled upon by the proper authorities in the town or vicinity of Lawrence And thai we will use our influence in procuring order therein; and we declare that we arc now, a we ever have been, ready al any time to si ih, Governor in aeeunng a j;ose fur the execution of such process. Providing that any person thus arrested in Lawtenet or vicinity, while a proper force ühall remain in (be territory, shall be duly ex-ii, rutted belore a United Sit Us L)ii net J udge of bind terriiuay in said lWlt, and udiuilted to bail, And provided further, that nil cilisena arte led without legal proceaa by csid Sherid's j io-hi, ihull be set ul liberty. And

provided further, that Gov. 8k

agrees to use his influence, to secure a. TL 1. iw me ctusens of Kansas territory, r. numeration for any damages suffered, or unlawful depiedationa, if any have been committed by tbe Sheriff's possf in Douglas county. And further, Governor Shannon statea that Se has not called upon persons rerid-.u of any other Stst to aid in the exeetttioa of the laws, end that such as are here in the Territory are here of their own choice, and that he does not consider that he has ear authority or legal power so to do; nor will he exercise any such power. And that he wil not eall on any citizens of any other State who mir be here That we wish it understood thai we do not express any opinion as to the validity of the enactments of-the territorial Legislature. (Signed) WILSON SHANNON. C ROBIWiiOK, J.H. LAUT. M Kichard Wilson, formerly of Bloom inggreve, writes to os from Waterloo, Iowa. He says Iowa is a splsn - did country. President Edwards, of White Water College, will lecture this (Friday) evening, at 7 o'clock, in the College ChapeL Subject, The Mission of A.rtIBarritu. On Dee. 9th, by Rev. Ii. H Mul'in, Mr. Jona W. Coolst snd Miss Lrcssvi a M Jose, both of Butler township, Franklin county. On Thursday the 20th uh., by Mr. Barns. Jonn M. Wwrobrv. of this place, to Miss Carolin Mircaxu.. of Abington, Wsjne co Liberty Herald. Bfto bbfrtisemrnts. NEW DRUG STORE SIGN OF THE GOLDEN MOST AX D. V. JOHNSTON, llfcA I 1 . IS Drnfi, Weclirincs, Palal, 04 Im, r,j r--smf f. Prrftimrrr , Slefceel Hooks. MBiioni t) . rmm and Ferkel ( iillcrj ,r., w" tide of Main at., nett door to the VALLEY HOUSE. BROOKVILLE, INDIANA rn.iKKS plaaurls inform tfc pabllr geu i mnuy, tsihi t receipt ..fssd oL. 4 1 L 1 ... JL ... - '" ' 'm...(,.niw i nnmr rr , . IUH.KM- ot am.oo.iMii hi.Uu. HilrtM .f .lock of atKiomloln hiMi,. n..,uk of Druos and Med icnes 11 can sav with all oonSdenre la a a aarpaaacti. ettaerln quatit r vanM) bras; olbar Saasa! lite con my , nor at at low priest. H ia auk ( Paints, Oils. Varnishes, Jie.. Kept by bin tar., m plot Id erarj part. a at now openlnt-an rl.-aant aaaortrmm English, French mmd America Perfumeries, All of which havabaaa parahaaed at anew prtc aa will enable me to aollak U lovrM ratat. rot any "I maabuwor nuiacrwaa oth r arttrlva uaualh kept is houtcaoHiktebarscJsr, lh puöhr If Art r" kt ' imcwuiir lavitaa to taaKira mi n. Phyalclan fan rel) upon ba ,nr ilifw tiotcreiuiii comi oundaS. mmmTl J"4 D.v. johrtom. Speaker Elected ! ! TKKEAltR PEW towns is ths whttk I Water Valla) more dea.rrr.ilr .-Mxlar ikai. MKTtMOKA. IU re,., baa baso.no prorerbl.l ; aad faaiiaa a araaT 4. .TZ, TV "".r lS. ' the lii,n.raiia-atle Mr. Abarovaabia. w mioidCad to be ,. oruaott (,i.i , la ac In the Val'ev. wilt alwara I ob band to wail on cuttumara In bla oaaal )ie. oire ua a rail. ami r not aulteo taaia wll Mas sSssns. i. mum u,t i & son. Jab. 4th, I8SS. TkV J. W STEELY. - i mi kor IlKNTlKr U IIKUilKl ILl.K. Ii 1 .antral lor pail laron, wimlil Inform bail cm .riendi. and Iba public aV-eeralty, thai he hat determined I do elate work at a reduood price wkoro more man two laolh are Inaertad, that aim et all aha ba bow 1 no urt lorluuale at 1 '.uaa Um hj nataral teeUi ma rurulih tuaaaaelvea with as arkS. lal tobaUloto. l oalh on gnM plat will raafe from S3. 1 S3.::, par tooth, somrdlnf to Uaa kmd f mU puianeej ii-j, moi uivaamaaior piala raqatrad. Oaatlvar roll l. or Irelb lo e a -.- i.i-i KKiu.. un b IM! on I',, from l U f each. SilhBff from lOctata one dollar. CkwaiMa atoaa StrU lo waa BssoMbS twaalyva sanU, I wartest "O rrk, avd mmke aa caargaa for eaaejaaeSles . ...II .In.l.irl...., k.. T ak. 1 " 1 . a .111.. ao.1 a III . loaereyou. Cooa oa. OSic of Ua Vallc) llouar, up atalra. alUas; wmm ALMANAC-1856. t W 4 8 2? S n . JANUARY I 3 4 lo II 6 IS 6 7 13 14 16 16 17 18 19 so ei we 3 te es ts 7 n üi :w 3i I s FEBRUARY MARCH 3 4 6 C 7 8 9 IU 11 ft 13 14 16 16 IT 18 19 SO fl S3 S4 26 S6 87 88 8 I 8 3 4 6 6 7 8 9 10 II IS 13 14 16 16 17 18 19 SO 21 28 S3 84 85 80 87 88 89 30 31 i I iii G 7 8 9 10 II 18 13 14 16 16 17 18 19 20 21 88 83 S4 25 86 27 28 89 30 I S 3 4 6 6 7 8 9 10 11 12 13 14 6 16 17 IH 19 20 21 v'2 S3 24 26 28 27 28 29 30 31 1 2 3 4 6 e 7 5 9 10 II 12 13 14 15 16 17 18 19 SO 21 22 23 24 25 26 27 28 29 30 12 3 4 4 6 7 8 9 10 11 12 13 14 16 16 17 18 19 80 81 88 83 84 20 86 27 28 29 30 31 1 t 8 4 6 6 7 8 10 11 12 13 14 16 16 17 18 19 SO 21 SS 88 24 25 26 27 28 29 30 APRIL MA V JUNE JULY AUGUST 31 .SEPTEMBER 1 8 3 4 6 6 7 8 9 10 II 12 13 14 16 l6 17 18 19 SO 21 22 23 24 25 86 27 28 29 30 18 3 4 OCTOBEl; 6 6 7 8 9 10 II IS 13 14 15 Ig 17 If 19 SO 21 88 83 84 86 2tj 27 26 29 30 31 NOVEMBER 1 $ 3 4 5 e 7 a I K) il II ir 14 16 l(; 17 lb I 20 SI 8 83 24 25 26 87 88 8930 DECfcMBXR i 2 ;t 4 6 7 I f 1 II 1? 13 14 16 1G 17 Iß 19 SO 21 22 23 24 25 26 81 U id 30 31