Indiana American, Volume 8, Number 23, Brookville, Franklin County, 4 June 1869 — Page 1

77 .u PUBLISHED IYERT FRIDAY BT I j On's qaars, fid IiaaaoM intiia.LL, 1 : , t . i or r t i ii Jl r m ) . i i t I . - C. II. B I N G li A 31 , Proprietor. . Office in tie -liationalJBunk. Building, Oor KiuArt, thrse iortkBt... ....... ah tubfwpiext Insertions, per qur . """ TIARtT. 12" e",umr JafbW iwjL.-......$7s 9

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TERMS OF SUBSbRlptlON: A3 50 PER YEAH, IN ABVANCB.

$3,00 " ' IF KOT PAID IN APVAXCI. ' postage on papers delivered within this Oontitv. THE LAW OF QUORUMS. Senator Modem's Opinion. T thf RVtot of the Jn'vnftpolii Journal: The Constitution of the State provides thst the House shall not exceed one hundred members, hor the Sen ate fifty members, and the Legislature' has," by law, fixel the number of members of the House at one hundred, and the Senate at fifty. It is conteuded thai under all circutnstanees a quorum of the Housj consists of sixty-seven member?, and of the Senate thirty four member? and" that - whenever, by retaliation or other cause, the number of u etiilers in. the Hou.se is reduced below sixty -seven, or of the Senate below thirty-four, the legal character of the Legilatuve is destroyed. In the early part of March, and before the necessary appropriation bills had been passed, the peiiioeratic members, to prevent the ratification of the 13th Article proposed by Congress as an amendment to the Constitution of the Vnited Urates, resigned their ii . .i i teats, in the House iu n v uumuei ui ioi ty-one, and in the Senate to the number of seventeen, thus withdrawing more than 0,.e-third of the members elected to each House, but leaving a clear majority in each of all the members elected or authorized by law to he elected. Governor Baker issued writs of election to fill the va ancies cau-ed bv the resignations, and in nearly every instance the member? who had re-;.-nel were re-elected. The Governor tin ii convened the Legislature in extra J n so he had a riht to do. and it re-1 assiinMed on the Sth day of April, and , ag-iin, on th l'Jth day of May, the Detnoeratic nit nioers. to the number of morei1" than one third of the members elected to caiii House, but le.-s than a maturity. vo-j Mir ed their seats to prevent the ci.nsidtratioii vf th constitutional amendment.' r i According to the construction contended !i r, seveu'een inenibers of the Senate r...i- iw.i. 1- ftl-.A If iiikp nun bv rei-nation, dtMvoy the existence of' the L -Mature, and if they are sustained j bv a i.ij.Hity of the people of their dis- J tnVrs. nav l4 reelected and a-ait. resign, and thus.'in (tiVct. owrturti the (iovernnert , f the State.' If the Constitution of Indiana thus provides lor its own ie , . i i.- ,i , ,u .i, ,!i ' Mrm-sion. it is lnh time the people should . . . , - . . i , 4 .,;.-, .i i iiH'kritiuid tt.and take steps lor its amend- I 1 j of Indiana thus provides for its own de- , Tie., ti c I i:. 1!U yilt-n istion new resented is new in v ot the State. Ileietiduie the) i' uli.it constituted a ouorum iu j t; o tw 1 i nfos I. .is been raised by the mete j il.M t e i.( n.eutbcr, at.d not by vacancies jr. .;.; i . ! ly the resignn tion of one-third i.lcnh or ol boh theHoues. And l.atcu-r pof ular notions on tlie sulgect i B ;ij I ;.e grewn up. have been with rcicrt II f t tin i ts lobn uk the quorum by Lite -aWtinc and not by resignation. When the n.eml ers oi'-either llou-e are !:l-.iit In iu their seats, the number re- i 'in il tn ci'iistitute s quorum is unciiatiir- 1 . ni. lie aSsentees miy be sent tor ami ' . their atUM.dai.ee compelled: but when the i linn her of members is rcd ieed by resigimtii us or death, the question is changed;, iini it is in this aspect the subject is now j presented. The question as to the nutu-i lor which will eonMitut a quorum in each ; llol'.si? Is Mitivi!v :itii,,-t r ' hi that rit' ihp ' T.-.piirtd on the' final passa-o of a bill. The Min.her f,.fMr. t,. .,inoil..U u (1Mrt- !

rum may he neater "or smaller than the ! th;'" nf,y-one members. It will be obi.u ler"rtouired to t.i-s'a bill, as'l shall , "'Y d that the language of this scctu n is tin. Ice. if.. : .. ! entirely different from that ot the eleventh

'1 he eleventh section of the third article t-f the Constitution' dell ires th;t "twothirds of each House shall constitute a qu. rnni to d,i business.' Section filth of the tbsf article of the Constitution of the I u tid State . reads a follows: "ITach House sh:dl ho the ju lge of the elections, returns and qualifications of its owu mem

b is, and a majority of each shall cousti- i vi.-ion regulating the final passage of bills j ject, but it recognizes the rule of the Sentute uiumini in il, WiiiM land joint resolutions, and has nothinir I ate rreciMMy in practice, and did so bv

wo-thirds of each House is required to constitute a iinornm in the State islature. hut a .r". of h Ilnmp will constitute a uuorum in Congress. The ! rst question, therefore "What is the House?" in either case is, or, "How many Biombtrs does it take to constitute the II oust".'" And when we have ascertained 'hat, then tiro-thirds of that number will constitute the quorum in the Legislature, cr a . nuijoiity in Congress. ! lhevho!e question turns upon what ititi ler of members may constitute the 'House." If the House of Represcnta'ics efnsi?ts of only one hundred memMrs, then Iwo-thirJs of one hundred or Hxtj :. seven will Le heeessary for a quo- j rum. llut if it niay coni5.i 0f eighty : n.en lers there heing twenty vacancies- i -tlirds of eighty, or fifty-four, will j ecniiiutc tiic ,jUl)ruuK Does it require d the members elected, or authorized by law to le elected to constitute the House? v ieariynot. If it were so, then State fstslatures or th.i iVurtec r th I eJ Mates would seldom have an organized l,r icsrai (x.tUra l a, g:siative bodies, csFecta.ly those composed of large numbers, ! seMom r.ill. It happens a great part of 'he tin e that there ai vaonni-Io 5n fr ' tTJ legislative hod irrmrinn mil .if tlio :ive body, growing out of the fa a''ure to elect, contested elections rei.tu n or death, they are never filled witheut.omedelay, and oftentimes last through vi the session. Legislative bodies are f- niiztu and proceed to busiucss while : 'sare h-ft vacant ceet, failure to because of the failure jualif'y, or contested in all thiise mi th mhers that actually appear and qualifv t those that remain after the death o"r the death or gnatiou cf theirs, are held to constitute ll'rt l.ll. . ' n)ase, and to possess a legal ex isas a l,".iJ,i.. .ai ,( l,1!r f roviJes for the election of one -urea members to the House of Rep-, Reptfnr.... . i . . , . "- nts ()I UlIS ,tate. It from any ; a il vo t I . i - uv; o l.muie iu fieei in : .M..C,,,nn,i'' nd tne'nnnibe'r of IncmLers ' - - mere stiould be a tatture to elect in : "s elected tshoiild ba only ninety, yet c e-r ,!:" :"d organits they would j tion UtVL "llouse" I'eyond all ques- ! ' n two-thirds of the "House," j Uc express language of the

lit

VOL. 8, NO. 23. Constitution, would form a quorum. Orl

it one hurdred members be elected andillouse,' in the same ense in which they take their teats, and ten of them after- : re employed in the Constitution of Imli- j

ward die or resign,- the remaintns ninety

luusiiiuic me -xiuu.-b. a uis is n j iiie iuoruin, inereiore, may consist or necessary law to all legislative bodies, for a less number than is required to pass a full numbers can seldom be maintained, i bill, but the effect of the provision which Therefore the "House,'' under either Con- requires the votes of all the members elecstitution, docs not consist of the wholejted to eaeh House to pass a bill is, that number of members elected or authorized J whenever the Legislature is so reduced as by law to be elected, but : of the whole i to consist of a less number than a roaior-

"uu,ra v ,UI1!" uiemoers. If, when the HeBe meets there be one I e nunarea memoers elected and qualihed, it 1 .1 .. r ..: . . -. .

nvuiu injuiie Miij-teven to consiiiuteioie ot annihilation. 1 It can n6t be pre-

tne quorum, it, oh the next day, two ;

members should die, the remaining ninety ; framers of our Constitution to place it in eight would constitute the "House," and ' the Miwer of the minority, by factious rcsig-two-thirds of that number sixtv-six i nations or otherwise. tn'.tpl-ii- wilt Vf

would constitute the Quorum.' If. on the : third day, forty members resicn. the re -! maining fifty eight will constitute the House, and forty will constitute a quorum. The number necessary to constitu e a quorum will, therefore, change from time to time with the actual membership of the "House. 1 he quorum is intended to ; ; maintain a propoi tion of members present ! to the actual membership, and not to the i number ot members authorized by law to j be elected. 1 IV, reads as fol- ! Section 18 of Article lows: "Every bill shall be read by sections

on three several d?ys in each House, un-jthe

less, in case or emergency, Dy a vote ot ! two thirds of the House where such bill j maybe depending, it shall be deemed ex- ' pedient to dispense with this rule, corresponding provision in the old Ihe Con- i stitution ot Iblb was in these words: "Ev- ' fry bill shall he read on three several days , eaiti House, uniess ty a vote ot two"tri oi me nou?e wnere me phi may he j depending, it shall be deemed expedient ,f u is-pense wun tuis rule. it has never , hcen the f ractice, under either Constitu- ! . . ... tion, that the suspension of the rules required sixty-seven votes in the House, or j thirty lour in the Senate, although the Phraseology is precisely the Mine with that , V-je . ,he, eleventh section of the ; ,ul,,h Hrrt,c,e,' w ,kU "Ures that "two- j th,rJs of ea.ch ,IIo.use 'J constitute a ' ' o bust new. If the phrase ; 'wo-third each House means t.xty- ; , . ta lives and thirty four in 1 - , make a quorum, it would n . i , ' trn g tor the suspension v" w xvcrePvuof the rules j j i which has been settled the other way. I'y section fourteen of article four, twothirds of eiiher House may expel a member. If by two-thirds of cither House" is meant s:xty-seven votes iu the House and thirty lour in the Senate, then a Representative could never be expelled by less than thirty-four votes, which is not contended by anybody. If it were so, and the House of Representative were reduced to sixty-seven members, it would require the vote of every one to expel a member for corruption, including that of the cu! iirii ii i ii s. i - rn i.is i- Y T ii Km n tx-'tui.i .i. . I . .11. 3 1. ..I t, l . , " . . '. ' . . r "." ''' .Ir.tv I i.i l...rlt-iPi.rA Ki . t 1 . . ...... J I. . ta""0,..l'e u,a ,I,d"Lvu' l(T3USC tiie twenty fifth section of the seventh artide of the Constitution, it is provided : that "a m; jority of the members elected to each House shall be necessary to pass " a I every bill or joint resolution." That un- j dcr this section hfty-one votes would be i lied to pass a q'OrUtll could bill, and therefore that - i never consist of less section, which provides tor the quorum. The eleventh section declares that' "twoihirds of each House shall constitute a quorum," but this section declares 'hat "a majority ol all the mcmbets elected to each House shall be necessary to pass every bill or joint resolution." This, there fore, is an independent and arbitrary pro whatever to do with the question of the j quorum. Again in section 14 of the 5th Article, the votes of a maioiitv ot att the mem- ; . hers elected to each House" are required to pass a bill over the Governor s veto. I n ! the 1st section of Article 1G, the Legis- ' lature, by the Votes of a "majority of the : members elected to each of the two ! Houses" may submit to the eoplc j ropo- j titions to amend the Constitution. And again, it is provided in the 7th section of ; Article 0, that Stale officers may be re moved from office for crime, incapacity or , i.i'tiiuviivc, o no liciicu me u i oi jiuiii icsolution, 'two-thirds of Ihe members ( elected to each branch votins in cither;

case therefor." "Two-thirds of the mem- ; ward, when he appeared and was sworn in, hers elected to each branch" or house is a 1 it arose to 34 again. very difteient statement from'-two-thtrds of : The Constitution of the United States each houses,' and is obviously used id a! declares that the "Senate shall be corndifferent sense. 'Two-thirds of each house j posed of two Senators from '. -each State, and is obviously used in a different sense, chosen by the Legislature - thereof," and "Two-thiras of each house' refers to its ' when the secession ot the n.cmbcvs took present or actual condition, while "two- place in iSbT, it was boldly argued by the thirds of the members elected to each rebels and their friends that the local

branch" or house refers to the ' number ' 0l iSl bcen. rulsi anally elected, but which may have ; reduced by resignation, death or ex-; ision. ... j It It is a two thirds rote in each ease, bnt two-thirds of different arrcrecatcs. In; lc ote case it is two-thirds of the netual membership of the House, ' whether it consist of one hundred or sixty members. . 1,1 ,uc er, it is two-tr.trds ot the memhers originally Clectcit, which number may have been greatly reduced. ! If it had been intended that the quorum ; should consist of two-thirds of all the ' members elected to each House, the Con-I stitution would have said so. with the same .1 particularity that is used in peeiFviog" the number of votes necessary toi pass a" bill, ! propose amendments or impeach a State officer. officer. The very', rarticularity used in these cases shows clearly that the phrase "maioritv ot the House or "two-thirds - mnjuiiijr til of the Hou ;(i " Will 1.1 lift unnuav itiA meaning dosiretr. The Constitution of Ohio declares that "a majority cf all the members elected to eafh ihnis'e nhail oeni stitute a quorum to do business," and then in other parts uses the phrases, "a major-

"THE UNION, T II E CO. XSTITUTION, AND THE ENFORCEMENT OF T HE- LAWS.

i'y of each House," and two-thirds of each ana nnd iu that of the United States. . , . . uy oi me members elected to each House j " fchall be iucapable of final legislation, i Legislative powers are said tobe incapatii -. . . sumed that ir was the - intention of the the neonl oni) in f'noK tn.lornn tti('im. stitution itself. ' It was not : that a minority of thepeople of the State, livine in a lew counties, should have the power, j by the re election of members of the Legis-! lature, who Continue to resign fiom time I to time, to deprive the rest of the neonle I of the protection of the laws, and of such ' legislation as their prosperity and happi- j ness may require. While it could never j have been designed that the riuhts of the i majority should thus be placed in the power of the minoritv. ' Ipoislaiinn tiv mere Rump has been guarded against by provision which requires the votes' of a majority ot all who have been elected to either House for the final passive of a bill or joint resolution. The 15 th "Article proposed by Consrress as an amendment to i l l mi the Constitution of the United States was ratified by a clear majority of all the memhers elected to euch House.- it received twenty - seven votes out of fifty in the senate, and u!ty-hvc out of- one hundred i in the House. The Constitution of the! Mate has been complied with, not onlv iu letter, but in spirit. The will of the maa jority, which is the very essence of repub-' lican government, has declared in favor of j the amendment, end all that can be complained of is, that a factious minority has not been allowed to defeat the action, I wiH now rrpcecd lo ,how ,bat tlie fre. poinfr principles, which I have applied to the Constitution and Legislature of Indiana, have been fully recognized by Congress as applicable to the Constitution of the United States. As before quoted, the Constitution of the United States declares that "a majority of each House shall con stitute a quotum to do business " It is a majority in one case, and two thirds in the ether, which constitutes the .quorum; but the question as to what constitutes the "House" is the Same in each case. It is a majority of what? or two thirds ( what? The principle is clearly recognized j by the action of both Houses of Conirress. j that each House consists of its actual j membership. Not of the memters who j may have been elected and not qualified, not of the members who may be authorized i by law to he elected, but of tho-e who are I existing, qualified members. The express! rule of the Senile declaratory of the mean- i ingot the Constitution of the United States, ' is in these word.-: "A quorum shall con-j sist of a mnjority of the Senators duly, chosen and sworn." . ! The adoption of this rule in IStil. was' T preceded by elaborate debate, in which it was opposed upon the nieeise around that a 'majority ot each House meant a majority of all the members of which the Senate t r lloue of Representatives was authoiized by law to be composed; and it was supported upon the precise ground that a "majority xf each House" meant a majority of actual members. ' 4 r - s Alembers resigned, members chosen, but not sworn, members contesting for seats. hut. not. tn! a (initio,! !.,.,. ;.,.. nnf ! ,-oiint.,l . n.akiniT ,,'n ..'..,, ' ' !

not aware that the House of Represents- al1 ,0 ratifJ a! amendment to the Consiitives has nnv cxmpss iul nr. on ih sub- ' ,uUon of ,he L'nted States, could it be de

commoii consent before the rule by the Senate. inc mu'l'in'ii in I In e ieh c-i-e the .1- ' actual membership constitutes the 1 I r. iu .... . . aud the senate. 1 hat either House nnv, , oy law, consist ot a larger number, is not . ... taken into account. Whenever the number nf members of the Senate is reduced by ict-iiniation. or death, a msi nitv of those ' who are left eonsiitu'e the quorum. Huring the lat session of the Fortieth. Congress the Dumber of members of the Senate was t6, and the - quorum was o4. But at: the bcginnir.sr of the late session the number of members was only tin, ow mi; iu nit? ai'Mfiit'C tn lilt! nvw - cfiuiui from Maryland, who was delayed by sick- j ness, and the nuoruru fell to oli; but after character of the body was destin ed, becausa it could consist only td two Senators from each. State, and -that the quorum must eontmoe to be wr.at - it was before a. cession took place. i f - This opinion has been urae I until very . recently, aud it has been said that - Co -! gresa was an illegal body, -; ba nging upon j the verge of the - Goveruiuent, and that most ol the important -' legislation lucre since 1. Mil was uneoustitutiiiual, because of the absence ot the neosssaiy ioruiu ia the two houses: the membership of the Senate having at one time . beta red uced to titty. twenty-fix beiii held . to bt. a qnoruun arid the votes of ibnrteen, sulli cint forithfc enactment of laws. t . . . . i' The -vt?ry poiuC(as uide by Mr. jSana tor Davis, ef Kentucky v in .the ;hita. impeachment tiUii, that the Senate potld consist tnty of itwo Senators from: each State. Rut it was negatived there beiug tv.i T- n.l fort U- 11 i 11 A 41 ;t VS The principle is fully established m the ; National Ciovernnient thst the leUhar I acter of Con refs can . not -h. destroyed j by the vesication, ot secession of a p.ortion of its tyeuibers. Jhut ibti .iyeuibcis. !

BROOK YILLE, IND., FRIDAY, JUNE 4,. iSGU

who remain in each House will constitute , the "House;" that the necessary quorum to do business in each House is determined by the actual membership, . and not by ! V 1 1 :t t tltA mpmKprutiin niicrlit tn ) a i r- nitirtit t be by law. , This is the practical conslrnctiop given to the Construction of the Uuited States, and is thoroughly republican in its charac ter, and is the only one which can prevent a factions ITiinnritv frnrri ihVnlrinar tlA . J " : o country in anarchy; and this construction ! is just as necessary and proper in its appli- I canon to the constitution oi tne otate ot i Indiana, subject, however to the limitation that the Legislature ceases to be vital ; .... . .1 V .. when the number of members' in ; either House is reduced below a majority of the members elected to that House. The doctrine contended for by the revolutionists leads to n unification and eeeession, and is but another form of the Calhoun philosophy that the government of lhe majority may of right be nullified l',e minority. 11 is tinie to have done with all these pestiferous doctrines, and to reject from tate Governments, a3 well as from the National, every noxious principle by which unscrupulous and aesperate factious can uioes tne wneeis ot uovernment and endanger the peace of the country. When a minority abdicate to obstruct legislation, they must be held to resign Ihtir power into the hands of those who remain; and it was upon this principle the majority acted when the rebel Senators and Representatives withdrew from Congress. The most dangerous revolution is that which is perpetrated under constitutional forms, and should the principle be established that a minority of either House ua" consmuiionaiiy uestroy h legislature, we Caa scarcely be said to have a Uoverumen t. Passing by the question as to what quorum may be required in the Legist ture lor ,he enactment of laws and the transaction of business peculiar to the State, there is another view to be taken with reference to the ratification of the Constitutional Amendment. The fifth article of the Constitution of the United States declares that Congress may, by a vote of two thirds in each House, submit to the Legislatures of the several States propositions to amend the Constitution of the. United States, which if ratified by the Legislatures of three-fourths, oftheStates, will become a part of that instrument. The duty of the State Legislatures to consider the propositions thus submitted is imposed by the Constitution of the United States, and their members, under the oath they take to support that Constitutio n, are not at liberty to decline such consideration. The duty to consider the amendments not being created by the Constitutions of the States, but paramount authority, the performance of it could not bo pro' hibited or prevented by any provision in the Constitution of a State. The principle that a vote of the majority, whether of the people or of a Legislative body, shall express tlie popular will, is so essentially interwoven with the theory of the National Government that it would seem that nothing more should be required for the ratification of a constitutional amendment than the affirmative vote of a majority of the members elected to each house of the State Legislature. If compliance with all the forms prescribed by a State Constitution shall be ueeessarv to the validity of j the ratification, it would be in the power j of a State in that way to hamper the coni sideration of an amendment as to pratically nuhify the provision in the Constitution of the United States. If the Constitution 'of a State should require all the members elected to the Legislature to be present, or Legislature to be present, or the votes of nied that such a provision would practically tiuihly the. Constitution ot the United . .! , .1.11.1 !-! .. 1 otaiesr ahu wouiu tne nuiuneation oe , , . . . . where the State (. onstitution put it in tne power ot a minority ot either ticuse t r ." -irn .pok ir nrn rvio trtrT t id rrin - . . . -;v " . r1'"r . .:. i ! .11 uoauou oy uesiroyintr me JiOfrisiaiurcr here a duty is imposed upon a State Legislature by the Constitution of the United States, the performance of it in such. manner iis would meet the analogies. or be suiueietit under the Constitution ot the United States, would seem to be all that is- necessary. This principle has received a . reniai kable illustration in the act' of Congress approved July 2Uth, 1SGG, leoulating ih.e manner of electing Senators of the United States. .By the provisions of the first section of this act. on the sec ond Tuesday after . the meeting of the Legislature, each House shall proceed to vote for Senator. At 12 o'clock meridian the uext day the members of the twa Houses shall assemble in joint convention, and if the same person has received a majority of the votes iu each House, he shall be declared to be duly elected; but if not, the joiut assembly shall proceed by rii-a roce vote to choose a. Senator, and the person having a majority of all the votes of said joint assembly, "a majority of all the .members elected to both Houses, being present and voting." shall be declared duly elected. Suppose, for example, the Legislature of Indiana consisted of one huudred Representatives and fitly Senators the joint assembly thus provided for might legally consist of seventy six members, they being a majority of all the members elected to both Houses, and , may all I the Representatives, not a senator being ! present; and a majority of these seyenty- ! six-thirty nine may elect a Senator, j By this regulation all questions of quorums j jvnder.State constitutions are left out. A jjoiut convention is authorized, which, may j turn out to be be no joint convention at ' all, but may consist entirely of the inemj hers of one House thgy being a majority i of allthe luembers elected to both Uouses, ! and the votes of one-fifth of all the members elected to botn uouses ana nine votes over,' may ha sufficient to elect a Senator, aud the. Senator thus eleotedrs dield to be "chosen by the Legislature, whatever ..it way take to constitute a Lcsislaturei a.o

the choice thus made ta held to be a" lien is

lative act. To this it may be said that the power is conferred upon Congress to n minor'' iC attt w tr I T . t m .? Sl.f a. n a ' tors; but the, power to ''regulate the roannet" docs. not dispense with the ,constitu tional requirement that they shall be "chosen by the Legislature The principle involved in this act goes miipli further than wnuld ti rpmiTrpit tt make valid a ratification of an amendment to the Constitution of the United States by '.a - n . n 1 m . the votes ot the majority ot ail the members elected to each House of the State Legislature. . . But I need not pursue this branch of the argument any further, holding as ' I do. that a constitutional quorum was preseat ia each Housed when the ameudment was ratified, avd that the. ratification was valid, both in substance and inform. O. P, Morton. Cast Iron Spent cannon-balls. WrocoiIT Iron Riddled armor-plates. "I'll bo down directly," as the pill said. A Foreign Settlement Transported for life. "The Political Situation" A under Goverumeut; post The geological character of the rock on which drunkards spilt is said to be quarts The Ugly Side of Nature The reflection of one's self in the looking-glass. Every cloud has a silver lining." W e wish every investment had. When is-a wife like a greatcoat? When her husband is wrapped up in her. Burglars' Advertisement Goods carelully removed. The Fear that is Life to us The atmosphere. Why is a prudent man like a pin? Because his head prevents bins going too far. Why is a bank the best place to make a geological survey? Because of the rich deposite it contains. An old lady, hearing omebdy say the mails were very irregular: "It was just 6o in my young days to trusting auy of em." " A wag who was asked to buy a bank note detector one day said he would puichusd it if it would detect a bank note in his pocket. ... Wh at is that which comes into existence about five feet from the ground, and is is a sign of treachery and amity? a kiss. Little three" year old Mary was playing very roughly with the kitten carrying it by the tail. Her mother told her that she would hurt pussy, "why, no, I, won't," said she: "I'm carrying it by the handle." A woman being enjoiued to try the effects of kindness on her husband, being told it would 'heap coals of fire, oo his head," rep!icd:"I have tried boiliog water, but it didn't do a bit of good." "Porter," Bfked uu old lady of an Irish railway porter,"wlien duclhe niue-o'clock trai n leave?" , . . ' "Sixty minutes past eight, mum," .was the reply. , , . . , , . t . Many , Returns. There was ; some titeriug the other day at a wedding breakfast, when one of the guests wished the bride "many returns of the happy occasion." , The biidcgrooui looking sad t Ler eat. . "Papa," said Tommy, the other day, '"j it a sin to change one s mindi ' "Well, no my boy; why do you ask?" "Oh, you know,' replied the five year old, "I was to be a dinrtorv" ' 1 ! "Oh yes, I remember," said the father) what then?" ' - ' ' : "Vell. if you pTeaserl think now that I'd rather trave a swtct stuff shop." . C "Why, you'd better knock the door downf What do you want?" "Och, my darling! don't let me wake any of your family. I'm just using your knocker to wkc the people aext door. 'I'm locked oat, d'ye scej and they've niter a knocker." Rai I rati! raid i "How do yer sell yer aluiinaos niistcr?" vTwenty-fie cents apiece." "Twenty-rival .that's too dear." "No indeed! they will be dearer next year." ; "Wisha, is that so?" "Yce, Sir aud no 11151310.'' 'It'-' that the case, giva tne four of them; and that will be enough before they rise." ,.'.- - The.predendary gives us this admirable discourse of a French Gapivchio, . who. on festival of St. James had to ; pronounce a panegyric on that saint. As he was rather late, the attendant priests, who feared that he would make a long sermon, and so weary the congregation, entreated hiai to abridge it. , TLe monk mounted the . pulpit, and, addressing the people, said: "My brethern, twelve months ago 1 preached a eulogy on the emineut apostle whose festival you. this day celebrate. As ,1 doubt not but that you were all yery". attentive to me. and as I ha.y.etnot learned that v he has done, any thing new since, I have nollunij to add to what "1 said 'at that tiaie?'. . lie tVen 'pronounced' the blessing and descended from the pulpit. 4 "" , '....-. - - -.j, ., i, " - - " . '".'Art old man of onr acqnaintance says he waborn at the wrong-time.' ; " When- 1 was youn,?' he says, 'yenng iBeB wera of nd'aeeTourrt f atid! aow that 1 am eblold tiaeti ire of ' doticcottat.' : i ,' ' : IU,. t.i'l !' l ' - '! - 1. t -

WHOLE NO. 388.

' A Midnight AdVenture " Some vears aeo. white iournevinir tlironh jthe central part of Ohio, tertlble snow

road that several passengers, including my j 'ortu. u' thej !-nd against the hue. ''Atself, were obliged to find accommodatiins tivingTit tnis concTuloft', f 'agaiti jrtna'A in a small wooden tavern, situated near by. ',lto bed, uttd ; laid tor h "tiinc, vainly

Alter sausiying our inner man wun a warm supper we all congregated around the bar room fire, aud soou were engaged in smoking, telling stories, aud enjoying ourselves generally. Among us was a middle-aged gentleman, apparently a merchant, who remained a silent listner to the conversation, the first part of the evening. But: soon our vocabulary of stories was exhausted, and the gentleman was politely invited to revive the droopinc conversation by telling a s'ory. lie readily accepted the in vitation, and told the following, which I give the reader as near as my memory will permit: 'ii About twenty years ago he began. 1 was connected with a wealthy firm it St Louis. and, desiring to visit New Orleans, was entrusted w ith a considerably tutu of mon ey I y mv emn'overs to be couveyed with all , ossible baste to a New Orleans merchant. Farly in tho morning T got on board the boat,' and leaned listlessly over the vailing, watching the inhabitants as they went foi lii to their various occupations. I had not remained jn that positiou long before ti e steamer moved slowly away Irotn the pier, and soon the city was entirely lest to view,- - - . During'ihe day nothing transpired to render the voyage disagreeable, and as the shades of night began to hover over the water, I repaired to the saloon, where several gentleman were engaged in a rather a stormy discussion on politics. ; Soon I became entangled along with the rest, and gave my particular views ou political subjects. While conversing, I thoughtlessly mentioned the fact of my having a large sum of money in my possession.. Nothing further was said about it at the time, however, but the thought flashed upon my mind that in a crowd of desperate and unprincipled men as were my -associates, it whs not the right place to tell such a secret, which kept me rather backward in my conversation during the remainder of the evening. I retired soon after, fullyresolved to be more prudent in the future. ' The next day I made the acquaintance of a gentleman who professed to be a Methodist clergy man. .. lie gave me several tracts and soon we entered into a conversation that resulted in quite a friendly intimacy. He appeared to be Well versed in his profession, and alto gethcr a very agreeable companion. After conversing on the various topics of the day, the conversation uat orally turned to the previous eveniug's diseassion. Not being very well 'leased with what had occurred at that time, I attempted to change the subject but was prevented by my frieud's remarking: 'You were very indiscreet, Mr. II , in revealing the fact that you had money in your possession jThere arc men on this boat who would, not hesitate to rub y ou, if an opportunity presentedje threfore I advise you to be mote careful hereafter.' ' t . t i ii? a i ' , I thanked him for his kind advice, and assured hhn that I intended to keep aloft from nil suspicious ; uidividua Is To this he made no reply, hutirosc from his seat, and with caue iu hand walk leisurIv awav to. his room, leavinc me to my!

own reflections, which' were, that I had a .brought to my room a crowd of JexcitellF good companion ahd a valuable friend in ! intlividitab, all eager to find out the cause' the preacher.- t ' 1 - of the distnibance; I . . r i-rt -h. On Ihe journey I made the acquain-j explained the case as well as yiy fchat-y tanee of several gentleman; but none that I j ,ered faculties would permit, but was frevalucd so mwehasthe clergyman. Noth-i q'lentjy 'interrupted by the hlasphcinou fng occarred of note after this, afid we ar-! haranusne which the robber Was h'bldfri" rived late in the afternoon at New Orleans, j U'T withiu the cupboard. '-, A Not being yry well scquaiutediu the city, 'After-concluding,. I jumped from-naf! my fiic ud t flared to conduct me to a hotel , Feat n(i tood a few .steps away, .breathy where my expenses would not be very heavy, J lsly awajting, while my friends by bs, and as I wished "to srend as little money ; iJ of dim lantern, dragged'forth hatleaV

panv, and wc walked up the street several block?: when he pave "tne the proper direclinn In l:ikc win hi WAS fll'.o-f( In n . - . T ... . .... " i - " o n another way. . ' After parting witli.hiiii,. I wended ray way to Ihe hotel, which wa situated a Illtie ofl" from the buy thoroughfare. It was a la rce building, and lmd a ?ty odd aiwi dingy iiptearance, and, iii fact did not 1 .ok very inviting to the traveler, but as I did

. . - T ..ntercd the bar room, and after -rec-' istenng my name d eating a light sup I per I asked to be shown to my room, and ' was ooniliicted nn u Hmht id llcketv stairs to a sinaM. so lare room, where my guide left mc. Proceeding toexamino theap.irt ment, 1 found that it contained one snall window, which looked on a daik back alley. The furniture consisted of a bed, a couple of ch.ilr, a staud, aid a heavy oaken cnplxvard, some three feet high and about six feet long, with strong side doors The appearance of the room did not disperse the gloomy feelings of distrust thai I experienced when I first saw the building. ; However,T determined to make the best ofit, now I waS there. t noticed, before coming to the room that tlnck mnssesi of clouds-were gradually iatherinr fiver the city, and ihe distant rnniWingof thunder, with nharp, qnick flashes- of lighthingi that quivered across the western, horiion denoted a a approaching slorni. -'- ! i v - -J -Being Tery ired; I immediately disrobed and jaroped luto b-i,iad was fast faliinjr into a dreamlcsss slumber, when i a low semtching sound TBttractod -niy attention. It see nie J t weenie frptrt obib plaoe in the ttoom,;'bl I eold net teH'iexaotly .where My nervdusness increaaed as the ' sound B6und continued titt l et?nivned to irretoaf'tly.j -osa of the-isturbanciJ. 1 jamped Irem thQ "bedv! turd -looked cautitMMljrewi(t4ke Thorn -lorsoine ti.mt, but eoald diseover-dthiog.: TUo : sound had I entire! v- iubaldeil -and nothing coald i . be heafd sav thn w v ndf yvhieh whistled iBtintnflM'vy th U40W3 1M OHtJM :i t-'l d'i- ,'- il !:' s ff a .

hot expect to stay only a lorl lime, I j '"''" ms aui niiriues. wno-ioos nun intoconcluded to acrcpt the aocommodtions, as ; eustody, and af.erwjid sentenced bim tn a they were much cheapjr than could bo had ! ,en lTai ,l,c State pt-nitenf iary ; ; ;;. elsewhere. . ..After. I he cxciteiaeut ,ba(i .abdtjCil.iI

i " . T, - aw VliaiUDi.t.,,,,,,,, ... Troient a rati iVn Pid for in i1t. , ' , J 1 Unltss a aatUcalar time tt spceiB! wkta ken. ed m, aJvertittients will be pnbliiacd asttl ardcred ovt aad cbirsvd mot1i?ikV7. : : -' I rnr-ibifW f the tfiunder which denoted) ! ' he ir r.n iifhliie stortri. .- . . - ..' ,-- j ' J"T l-voi tluded it ,tnus,t be the windeuvorig.lo ,idf pi " w -impossiblei :I iu?nu uistij wain.mg mtxpiriiig names of the taper, till a stray g'ist f'winS whistled ttroffs-lk tie' Brule's 'wi5oirfin extinguished tto object of my' attention! The storni," which long had been threat enii)g,nw burst forth in all its wibl gra7 deur., . The rolling thunder frew . loijder at each successive report, vivid flashes o lihlniug darlei across the "hea vena TfW mtnatrng t"he;focnn 'with the - lurfd Minla so that every object was plainly .-risible the next moment pitch darkness followed. so impenetrable that the - most1 Brnic?fent ilr. - - . . . ui.jecis were perlcctly htddeu to ttve wve. While lying there, loukine oat. from anil, I 1 1.1 . i.t; ..".tL mc ui ci iiuiutg, 1 1 e in ui i ii tr wim lear. j the FCra? P nund tcnuneneed witH renewed vigor, making the room souad with the peculiar uoice which hud laBg-WCttfy annoyed in e. . . . ;, ,-.'...-, ,'r,,, Large drope of prespiration stood. upon opOD my brow, andt vising to a sitting-jofl-ture, I tremblingly gazed out ht ll darkness, trying to discern the objects,; is the lightning Hashes penetrated the rojtmf At that moment a livid sheet of radiance passed before uie,and in an Instant I beheld a man's arm protruding Yronf tfid cupboard, while the hand grasped arfiffst support, the strong oaken door,'- i$ 1 realized my situation immediately, and sptfnging from the bed, T grasped si heavy boot which lay near, and brandish iag it over my head, breathlessly-awaited ler the iightuing again to appear. It as but a moment ere a living fiash of: fiam quiver through the air revealing the hea and shouldeis of as villainous a looklrf man as I ever before beheld. The left hand supported the creeping for ro, vwhil the other clutched tightly a large revolver. The hand was uplifted and our eyes inet As quick as thought T bounded straight ft r the rascal, yelling ' "- "You infernal villaiu!" - 'T The only answer I received waa. tbe sharp crack of a pistol, the ball whizzing by aud lodgiug in the wall near me. The next moment the heav'y hoot came down with a terrible crash on the rascal's face, making him yell something that T ra uuable to understand, for a loud poal .oX thunder drowned the sentence. 4, He fiercely struggled to free himself from the cupboard, but my lepeafing the blow; he was pbligetl to push back into his) hiding place. . . " With a movement certainly couimenaUa I closed the heavy doors, grasped theoakeni structure by the top and pulled it over on his face and sprang upon it, while tb t-Hrsing which 'came . trom within coaltJ scaicely be heard above the raging of tho storm, which kept up an incessant roar. Undressed and trembling with fear for or.e long hour I sat yelling at the top W my voice for assistance, but was unheard on account of the, raging elemental witl tut. . n At last the storm -radually abated, and t niy cries were heard by the Irish cham- . bcrmaid who came running into the rooib f but on seeing me in such it unenviable position, she franlitally ran down .staif; jelling Jhurdei I ' with all the vebemenea l,cr vigorous lungs would permit. This and bleed in i. his locks disheveled. "Vta j f J1 bespattered with .; bloody tbm j oid be muidurer uiy lrustc4 frk I I h. .......... I. . ",; lieutwei. pi cat 1 recognized bis f-cc iro rued lately, and springing hack, threw up my Lauds' W astonishment. The villain gasfed steadilyV at mo, Willi a sickly smile, whishvi saiii 'pl 'intr than word-, that 1 was not ike fr victim of mispl.iccd con G le.iii.-e, ;, ' A pcr.-on wjs iuimcJiately sent (o .'l.i' .1 . L. - i . 4"'.' .rctneil and slept soundly lor the rest .".of the night and was pel nutted to dcpvrf lh next inoruiui.', thankful that1 I: esane(f unharmed from lite murderous rascal and. f ' lul!J resolved never again to plaoo aot)& deuce in an entire stranger, whatever pro iessiun he uiiih represent. ' r . , ! Hjiv one Boy Whipped Another; T T' "I'll tell yo'ii how it was. xou seeBBI and mc went dowu to the' wharf" fo fishj and I fall iu my piAjt a ud . found y'. knife an l it W is g nb. . and I said 'Bill, you stol ny k u ife j a ud , h j .sajd , L;" waj aoother, and 1 said, Go" ttierc yourself, and he said he Was ho such thi'ugi1 4iif Y mid l.o wai a liar, and I ciruhJ" -wmIp' Wb if I was bi..'er"t.. him: and he siwd ha'd.r'oeJa we ,0 uiothcri.wd I said lie" w biiier cue; anO he said - I naver, Jad ihe measles; and 1 Vaid to fork over tKat knife, or I w juldflx'ljitn for a tombsTone" on Laurel Ililr,' and ' he paid iny fcrahdmolbje was no gsntimuira; and I said he-', tdeaaay take.it upbutjiedid, yu betv lheu4l gQj up again, and said he was too big a coward to do it again, and he tried .to,. 'b'u bis di'dii'iWnd I griftiBed hini, anirt threwr him down oti tpJtf ie jite" stv-ali brivVtf; 3od 1 telPyiiu it bat'ail 'iud s'o'clid' he and'my little d!tr g'rt belriuil' llfM5ia"bH hini;' and Bill kicked 'at incdogJ'aWlin Jiiif ata''ufd'ttaw after the M ojf. to tetcll ; hhn'hael; jaVi-t d't.ln.'r ircV'blrri .ln-iiPf.t y, clear: horn? 4WTMT 'whiiV. MttT; tu)tlS il Dif ni ' . ThfclHTt:c.-1cal:Ujui uua S.i ' e fMcd vifcp ' .1 1! 1 i. 9 - b?i il VlUdJ .nt'l ail

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