Indiana American, Volume 8, Number 39, Brookville, Franklin County, 24 September 1869 — Page 1
rtJBLtsBED IVERT FRIDAY1 ST 0, u. BINGHAil, rroprietor.
;i
Cflce In the National Bank BaiIdIo, s (third rjf.)"fI ".".'.! '..
TERMS OF SUBSCRIPTIONS 52,50 PER YEAR, i abtakciI $3,00 " " , I' BOT PAID IB AdtAKCS. So postage on papera' delivered within tb.il CoOlltJ. ' , ; , i j i : -
1609. ,t
THE BIENNIAL ELECTION LAW. Important Letter from Governor Baker. Xumr6us letters having been received by Governor Baker in relation to the cons'rcpti .in and effect of the act "of 'April 2G, lSti substituting biennial elections for the annual general .October1 election mod the annual April township elcetion, rreviously provided for; he has, in re-
r.cnse to one oi inese . leiiers, prepares an argument sustaining the .law. .',", That
argument will he found in .the .letter, f
which the subjoined is a copy, the 1 name
c f the gentleman to whoru the letter' is
addressed, and a persona allusion lb an
other tentleman, ontj lei Dp. emitted :
Executive Department;
IiiAN.tKLls, Fepieaibtr G, 1609
.. , ' '"' Pear Sir: Yonr communication In" relation to the late act of"- the General Assembly substituting "biennial elections for the annual April and Dctober -elections
heretofore existing, was tecetved. Yon inform me therein that
vlioni I reeogniza as one oF the best' lawyers in the State, gives it as' his 'opinion that elections can be held by the people os the sec and Tuesday rff October, lSti9, it which all offices created by the Constitution, or by act of the Legislature, can be filled, if successors to the present "in cun bents of such offices would.bave teen 'then elected under the old law. Tou do not intimate the basis of this opinion, further than to refer to that piovision of tfi Constitution which inhibits the. Legislature from creatim; any office, the tenare of which shall exceed four years. The act of April 2b, 18b, rreatis , no. cfSei, ind it ies not attempt Toextend the term of any cfiiee created by the Constitution, rr by any previous act of , the Legislature. Official teuure is not the subject of the act it all, and with is. present .title, any attempt to create r extend 'the' 'terra of fcnj office by that act. would hare been unconstitutional, bec iuse foreign ' to the subject expensed in the title. What is Utm tfltlfelAcuKJApfa lM3, and what are its provisions? In title isa fallows: "An Act to amend an act entitled An Act rt gulating general eltciioMs, and prescribing the duties of offittt in nl.ttion thereto, aj pioveu, June 7, Ih"i2, aiij to auiciu! an act j entitled A n ct to irevide fur towns-hip klcctiins, ap. Jtuvid Juue 13. 1812. and to .Hit va-tMU-ie--. in office, ooCaMoned by the pro "Mons of this act, aiid to repeal all laws WotrUtent therewith, and declaring an tutrtrency." ft 'tti tins it ar pears that the subject of tie act, as t tpriscJ in ti e' title has no titeiinie to the tenure of any office, but i- the amendment of previous acts regur N'.iii" i.d governing sections.' The body it the act is in eulire harmony with the title. Une of the nets amended, namely, tha( June T, IS?, provided id its first section 'hat; "A general -election shall be held, j:fi" on the second Tuesday in October, t which all existi!,s; vacanies in office and all offices, the 'erm of which will " ire before the next general election hereafter, shall be fille J unlets otherwise provided Py aw -The section just quoted is amended by
act ! April 16. 1869. by striking out 're wotd onnwtffjf and inserting in lieu tbereof the word U-uhhiHj, and, by add"Z a proti,o that the tiis-t election, under '' aa.vnded act. shall tute place on the tecoud Tuesday October, 1ST0.' The act of June 15, 1852, which la alao.enJcd by tht of April 26. 1S69, P'vide I. in its first section, that there hd be ht l.l an election in each township "'he UsU;i fl.lce 0f, hoidi,, elections, " ,1C fir-1 Monday In April in each year '.'r he parpoe of electing township of- "" may be provided for by law, t"eh election shall be conducted bv the vera oC, and be governed bv the 'laws r,'S!,llllnf general elections, so far as'the are applicable." Ibis section is
by u.aking it read, "that there "It beheld an election in e.ioh township, ,.e usual fl.tes uf holding elections, same day provided in this act for 'wftoldmg Vf general elections, for the u'fQfe of electing township officers,' &c; "g from this ,0 the end of the acc'n 'ne lanjrnsce of the old section.
tt was, or
. . ..... I .!. .1 . ' . -it . T . t
1 ti" -s a. . i si -it - r.. a im !!. -- . .... ... . - t.
1 II 1 1 J II I II 1 11. f. , ,,.S1SM VTI -jfT I L r II II " '
. . .. w J 'It' J I ili--J
Ybf6iT l.noA .1T
ot
TER MSOFADV E R Tl S INQ.
L if ft jT!ij,ii,jui J:
11 u.w l r ii is u u nsiii t u l I u a , A xv u tub BNFORCEM BN 1Y0 F. Til EL A W S.
.... .. ; :.,......J.w,,-, . , .i f :. '- ; . ,w ,t. .,,.,y. ),.,
' njr-5bntii n L-ti3 J u.f sn-df
X
VOL. 8, NO. 89J
BROOK VILLE, IND., FlUDAt. SEPTEMfJER 24, 1ml
l u I J i
1 '
-j t .
? ( a , i
the specific term for which an officer may have been elected and the time of the c-lectioa and qualification f his successor
the second "tuesday of October,' ata'd , 1870, and consequently thftt the," effect of it is nsaniiest that. the Senator! ithen elec-j the act of April , 26, 18t9, ii (fe prolong
leaave a iiedi tomtom over uptn tne aay ttie omcial existence of these tour hundred
ia a much, i part of bis official term as ; succeeding the second Tuesday" of 'Octo- i until their successors are elected in Octd-
are tfce jeera ft which he wast elefcted; nd if this part of the term is the result of a legitimate exercise of legislative row
er in changing the time of holding elections, the provisions of the1 Constitution
which provides for such result hiut bear
mc irsiiuusioiiuv oi mat result: and it : nt tne v onsmution uectares. as before
cannot be thrown upon the act of chang- j quoted, that the terms of Senators . and ing the time of holding elections as a i Hcnresentativefs (hall, be .four- aud two
means of demonstrating (s jOnconstitu,- years, rcspectivoly, from the. day succeed . tionality. . "' ' ; I ing that . bn which they ' were " electe'dl.
It is one thing to change, or lo altempt Suppose a new Uencral As'senibly should to change, the tenure of an office which is ! be ehwen on the second Tuasdavef Octo-
regulated by the Constitution itself, or tr I ber, 1869, the Representatives in tliB.new
ber,' 184 2, and the Representative then ber, 1870, and duly Qualified in nursuance
elected bate a riiht to hold until the tlajr j of such electien. Is it not clears that alter tbe second Tuesday ol October, 1870 j while the official exl.ttence of these four This being so, another General Assem-! b'nndred Justices is thus prolonged by the bly cannot be elected before the. .second j act of April 26.1S69, that act has no effect
1 uesdav in "October. 18i U. lor toe reason on the remaining fi(MI Or tn hihr nJ.
1
- lt1t.lNNKttrtR'S DAUGHTER.; 'Oldneld, wbo had tbi'fY ftehabitj anB Wis . ,"BntMYr dear T
i . i , . i on npr wit on srirs - id rpvnr t' tmm
. ;, ., . BT; ANNIE. FRAUST
,The inn where my heroine
aw tpiiiT,tt line,) ea iaoamtfB : ':::. I Om aqoM. t inmfH.... 1 M Una iqaare, tbrea inserUong .. 3 M AtTttrbtff vet i TMa9hV?firiqttii r.r.v:. .v: if
Onf o!am7 elia'agaaBTa awartr.::.V.:":.rr Wf TT, m k t - - . . . -
3 tf
On,-,,t&ti pt a. iwJai.jUirX..... IS
i Vtoaisa ait ertiiiMU anaiWii In aia Ualwsa a atfetr Hb iacecSe3l vtia kaa 4, d tn,adTartiADintiwtir ba cabirah.A i,"n .
:aa . i i u i wl aJT" Ona-qaarWt of a eolwaia
.il:T
dri: hef waY up SftliM 1 to rfealH"lhc' mfS--
yrcaie aq omce rne tenure ot wnicn ts more lhan'fbut years; and another : and a very different thing to change the tiine ,qf holding elections; whereby the ' tenure bf the office is not affected, but 'whereby the
incumbency of oofe bt; more particulaf lncurotfnts ii prolonged. ' j Again, if biennial elections ar'e(unConstithtibdaf they must' necessarily be to'it Y,'ahcl'niust havfi been ' so at all times since the existence of the present Constitution. Id this view of the. subject, let any objector to the constitutionality) of the act of April 26, 1869, endeavor to'as-
sign a valid reason why the General Assembly of 1852, instead of providing for one annual general election, and another annual township election, might not have required all officers to be elected at a general biennial election, to- be held on the
second Tuesday of , October . 1S52, and ever 'second tear thereafter.. In . other
words, let. him fry to give. even a plausible
reason wby tbe,Legislture;of lS52.might
not have donewhat that ot 1809 did do, by the act under consideration..- If . such
objector can find no valid tenson to have
prevented the General Assembly of 1852 from doing this thing, will he inlotiu as upon what principle the General Assembly of 18t9 possesses less powei? or why
it might not, by ameudment, do .that which ought have been done by an original act of legislation in 1S52?, Let me now briefly calt your attention to,, certain provisions of the Constitution, bearing on the question ' ! '' ' '; ' : ' ' The Constitution provides : that "all elections by the -people thall 4e by J I lie ballot," and also that -'all general elections shall be held on the second Tuesday in October." It also provides' that the Governor shall i.-sue wtiM of election to fill such vacancies as shall have occurred in the General Assembly. These provisions show that the Coiiitutioa contemplates certain elections by the people whioh it denominates "general elections." and also Other popular elections. The Consti tutiont i hen does not require that all general elections which do not fall under the denomination of general
elections shall be held on the second '1 ues
Geoeral Assembly could not hold or the
term ot two vears, Irom the next day alter
their general election, without encroach
ing uf oo the teni tf the 'Hepfesentatites
elected in 181)8. ' iohold. an election in October, 1869," -would ; be yto. cut oif ,ODe half of .the terms cf. the, Iteptesentatives
ana tnree jourtns ot tne terms ot the fcenators'eleetea 1ft lSUS.' wnicVof ibtrs'e; cannot be done. ' This ebtuMiihes tlid
preposition that no general .election for
8'ecatcrs . aud .Representatives could, be provided ior for the year 1869 or for. any other otid year, but that ' such elections must, So' long as the present Constitution
exists, always fall on the second Tuesday of
October t. the err years. ; a.vt-.0 Ybat I have already written , establish cs, 1 think, these propositions, vix: 1: That elections -at which members of the' General KAsfeiBbly" aW'ehcseti fo all the Senatorial and Representative Dis tticts of the State, except those in; which Seuators bold over, are designated by Jtbe Constitution as k,oer elections'
2. - That all general" elect rVns must be held on the second Tuesday in October; ! 3. .That there it nothing in the CooJ etitution cuituauding or requiring that general or other popular elections should be held annually, iior does the term' of any office desigoatad in 'the ! Constitution ne' cessitate popular elections wore frequent ly than once in two yeie.i ;.. ,. v . Fourth that a general election for, members of the General 'Assembly could , uo be btfld annually, nor could such'an'efec-' Hon be held in. 1869, or in kny other odd year. ', . :..; -.i: ,v.ui J i-!l'i ,1 suppose, itmay be safely, assumed that when the Constitution declaies that, all. general elcciibos" shalt be held ' bn Ihe second TuesMay bf October ,'if ContenS prates' that the law-nittkit) power shall providb lor holdtoi; elections, ou that day . .The provision is not self-executiogj. butifequires legislation. t ; i , . , ' Wb'enl Vacancv occurs lit any of tiie
county or judicial offices, lie vacancy is not filled by the election of a successor to serve out the unexpiied portion of the term of the last incuiubeut,. but the election in such case is -always fotr the full term.
that . the legislation does not change or ex
tend, the tenure of the office of Justice of
the Peace, but leaves it where the Con
stitution placed it. A mob, a riot, or an josurrection might prevent the election of one Justice or of four hundred Justice of the 'iVace; and whilst this mob, riot; or insurrection, would be wholly unlawful, it wpufd prolong the official, existence of the then "iucu tii bents, but it would riot, ehaiige
the tiniirc vi the, omce of Justice of the IV .ice as . establihfed .'by' llie Constitution. May hot ah act 'of the ' Legislature do as much as a bob, a riot, or" an insurteclfon? A skeptical -iiHiid might possibly doubt whether the legjslallotrrof 1869 does not create vanities ifi'cettatn offices, but it is dilfietilt lo conceive even a plausible reason for the opinion that elections can be held on the. tccoud "Tuesday ot October 1S69. Respectfully youis, -' ' ! ' CbftKAfe Baker. '
1 '.. "u' "Uey: Wf cirt,'- besalA,1 fnW laoriie was born tflvVa1 Minble'-'otjfid her'io'rne wrib1
I ' 1 Vt ! I - w - i Ul '.1 I' i $1 II HUM . K'liVi. n m. ' t .
uu uvea was ine puiy one in me netgnr- ana menTt tins rettt. " " bothood.of the'town. of ; C rr ,'. it. stood MinnieTtHbwedHne ftSnd about half a' mi,le put,pf the tVwrJ, and .was hrf wa'f? eti JettrljMh" iWd v a famous rlacfe'cif fesbft fhf the vn'nrtir W'bs f-till'. seated f6h'! rhe f?i
, ; people who'wislied to'' have rtdlbg, shoot- Sldehet. 'if work5 biprih the' habil,"' when .- ng, oV fishing '' pahtesJ : Looting ''ifom "Ek'trf ' 0h field, 11 MiA " Kite'a' bfotheV, fithe wiodowsof the house, yott oo1d:faby, jolnetf tlre??f.':' i 1 ' "i I ., . ., f t,r
T - I ll.t
bhooe branette.
vhntnot; 'She'
Tow stool - be-
vT . ! - . t til ! t
f,-Jfloher,'f ,fa!.d- .Herbert, taking lhii' hand, and beating iji ujs.c If beside per, 'yoti flu bof Vnbw .Minnie,, ' She la ndiarsa
so wild and picluresq'tie1 Was thescfenery
all amund tliat you were 'miles away from any house; bnt, if ytru'left the 'auilding; and climbed the bill directly etasl of'"ir, you could eee. the town-f C- lying be low you. i. t... i.! ?r "' n vi-neat Joseph Langdoa, or, as he Was ganerail-ff
caned, uoe iyanguon, naa -owneu tue inn
'Come', KafeJ they: arte nil ! waiting for
you:
1 1 it
'""I belli yotf'whkt h is- Kaf-," Said ' th odnlftan, llI w6ldrTot let itnem1
.1 I
day in Octoler; but it does not prescribe! brm this fact there u great irregularity that general elections, or any popnlar : the times wlieuth.-terms of different elections, shall be held annually, nor dots oflicers votumehce oud terminate. Some
' . . i . . . . ... ...... . . . . j . . .
nit in voiiiint'ucc anu teiuiinaie
it ctruc any other pytre tlcctir thr jwpfe, the Itim tf .uhith is , than two years. There is then no positive provision f the Constitution requiring af.nual elections, nor is there any elective' officer, created by it, ' which necessitates elections by the people oflener than once in every period of two years. The Constitution SayS that 'a11 general elections. a iia a t a a' a ri - .
snail De neia on tne sccona lucsjav in
la eveni
years, and others iujlie odd years; and, ikencc, if we uau not nifw constit utionully adopt, biennial electionp, we can never do it iu the future, for the same objections that are now' made will always exist. If'fhc amendatory" act ot April 26 fGO, is ! bbnstittttional,' theh "there cflh be ho election ou the secoaed Tuesday in Octo
ber, I8b9, for the election ot county.or
I Did not Know My Heart; -.i,-, ,- ; ,1 OB SIV FIRST LOVE. The sun is in tbfl tit? mother. The flowrrt are spring. oft fair? . Ab1j the aielodj f woOUInua birds Is stirring in the air) The river smiling to the sk?,' :i , U liiJes oawara to the sea . ; r And happiness la everj helLi - Oh, aiuther, but with iwel ' Thej are going to the church, Olotbilr; 1., . I hear the marriage belli , ,. 1 If rises o'er ihe ttplaait, - - .i ; It hattnta me like a liaelhj ,', . He leads her on his arin, uiuther, " And heer! ber falreiiog vtep, ' i ' A And she elinps so closely t his side
bbe does, the dcmireul They are crossinetiv the stile, mother!
'! W here we so olt hre sti.d - ... -ail' The stile beside the thera , . The corner bf the wofed,' " . ' - ,' The boughs th;it oft hare echoed back. .,, , The words hat won my ear, iKow bend their blossoms o'er htm ' ' 1 ., As he K-ads his bridal fore, , lie will j nj beside the stream, mother, Where first iuv hand he pressed, ' '
' Ty the mi adorr where, with qeiVeriog lips His paf.-iou ht o mfessed; , Acd 6gn thehedgi rows where' we're . strajeJ . ,-... ..,.,, ;. Again and yetagalnj Yet be will not think of hi-, toother,' : ; . lli bruken-hearted Jane. , ,i ilesatdthatj wasp road, mother, i He said 1 looked lor gl!; He f aid I did nol Live him that .. My wvrds were lew and eoldj He sabt 1 kept hiia 'o(F and on, . In hopos of higher game And it may be that I did, nmther But who hasa't done thw same? , , I did not know my heart, alother I I now it now loo late; , . I thought that I without a pang '" ' Coald wed some riobler unite; But no niil'lir suitor sought inc, ' And fce hns gno elsewnore, And my heart is gne. Hod 1 am left To wither and despair. '
since, the death o his father, who was jthe former landlord.' Here he had hrobxhl
child, "1 died, am
l. ! '. : l t . ; ' r i t -l I V?
ui3 n ue nomej iiere nis only cnua, piimne, vvas boin'; litre' hia wife had. died, and here
he. honed himself to diet.'
hi y, story open's, there was not a .happier uian nlive than 'Joe, ' Ilis 'inn ' was in flourishing condition with 'a new sijii swinging frbtii fhif door,' and the oid'name4 '.'Fox Hunt," blaroped. on it in letters a'u inch long.! His pretty daughter liad completed the' education he . had ,. given ber in a bfoadiog fethbol itr Q- and 'hai retured home tQ pet her old father ld his heart's content;' and do'fl to compfti.e' bis State bf felicity, had just received 'nbiice that a party oj" young ladies and gentlemen lfom 8(Jut;e Oldfield's ma,usioii .were coming down next day to 'spend the
in nuing ana nunring, ana would, 6top at his house for' both funchcon aiid dinner. "
'".Now, iMinnie, lasS shy round. Are you sure all is io order for i thfeT Irtfntftig party?t' . v .-ww ,n t.i'n., uVes(' father." 1 1 - - t' .!.. ! i . ,.u.i--"Vou ses Minnie, thii is a fine company. There is Squire Oldfiebi's son, Mr. liarry, and iiis sister,' i Miss ' Kate and there are mfiny moieaiid to be sare there is a lord
amet g tbelrt,-ImtO fl(-tbere ' Adair; tfmr
the
See
Mw'u.ad T' "was5 about 3Ltr(f 1 Adair'tf '
sfrbcd.'if I weft? y on'. " He ha? seiit' aVety handsome 'substitute, and it" his excmV'fs true. Why 1 unTsore it is a good one tl; 'Tfrporfarit bbsiness.l Fudge1, aflt'ifM agent-ctnjltl n-of transact his bwsu'nett.' 11a will tnee a'tw6! recep'ti'6h'hen! he! dot cdineJ'n'a v, . i ' " 'i 'ii ? 'i!iinJ'lert f?rrn?rrY6n may Iwe "him lltoJ get her .i 'n-llo. be agrceaMe td- his! subtitute," so that b. will t-arrybek a TaVbrabfe
ratvovt, i- l-i j.iiis .v,..itti
i.
t hoy say is after Miss Kate.
? n en,; tatner; an is reidj; and ' now coineout tlbCft' the porch and we tan cht
together. 1 i Wboi i Lord Adair, papa?'' '
liyi be i a treut lord, (Hiniie voting
and haudoaief' and very tich, ul' thry
say his niotbee and Squire Oldfield'a lady -4
were very in tin; ate when they were yonug, and they wanted Lord Herbert to marry MieS Kale. Theyouug folks haVeu'i etu one nnoilie.r yet, but bin, lordship i ti couns down, hereto morrow;-to meet the id, and as, they are both so youbg nnd haadr some; why of course .they will fail in, love the fit st thing, .Now( jiinuie, biug to Uie while I emoka.V ; ; -; ; ; ; i : t ' s i -Alin uie etood up upon the porfch of the little inn, and, le.-tuiiig against ohc of the
piuars, ueg:ui 10 sing. , a,, prima donna
If he conies here as aav. ho hrfd brt
ter return. A poor flrtistl PrnbtlcsS be will be yiot'it lurr hia newsv'ja t .i ; i ; . u i tv Vyiiyjtiid liuiiia'i cheek flush idLc
Ujiiyois lieiiiiltfi purely ibe iij s ( .n;crj-. cold lone Was "uothing lo fief. , " Theihun'ti'ifg paffy started iti fine VftiriW. ! abr.ut fwo hoars tliey reiutned, slowly a lid udiy'ei a. futioral train. Miunie hastened, tji ihe,duor.t. Uf on, a, rude, litter, cai ricif by luur'ol the party Jay apparently dead 'ttie 'traveller who had the night "before wmib t the inn.!! - ",: ' ' "How did it happen?'' .t-.uta lia-.'t nw l "Lent his own 'ors-to ahfttbet man," said hei IriisMlef," i' abd the, 'boTtewed one
struck theiiipewbar-f the: first fence,-ind
threw him
miss.
They carried
lor at.gargcon, ud Minnie;. lingered -ocpr
the door white j.ouug.Oidtietd and a uq he f t lie party tried id,' test ore h'lni tolife.Che hftsfe'uc'd iur5 itfiy rstorativ'es they rfemah dod, ttitlit ltt when' the surgeon armed, Crept into the room to bear hia verdieL"When George (?a arrived the next day. lit-jftoiid wt? h a' raving deiiriam. For days b, hoveled, y,be(ween life,, and
hnt:uicte! rljsii-: A ay Maft - ialrt:'. fc
proud of her beatffy iind talentsr-i0f mother,- I firmly letttte, tf It h4 not been for her iuar ur4iisjIWld! have died.'
.,,! did 5ciud for me.', r ..j ,j i , upfil 1 fas coiisfiou. thebtijl not know wliere to' seud. George Cam0 down by t fbruier Intitation, and U fewreo!
to telt you, lest, in spite"-of 'ybuc fb hefllth yon wowid insist upon.! contidg t(f fhe.j thet, yoti -will coasufitoejU Minnie, dauuhtet??' i ' r v It took more than one such coating to wih'he'ri but Hetbert was her' all' infill fftoV finally he'tjoiiartited.i '''if i-.-.-zll ! wife,-my wifef'f whispered a, young rnfn iu i caniage dritiog throogh lroudoa Strfcets one evening; ..abd, ,tie drew hi compauion Vlbsc to his beaH. flefi"! ire darling;-aiid how" Biy'oof '' tired 'Mf4 e.rl t eif.rij .1- n o i: if ,t -.;oiJuol . ihsy hati bet f a tl bf the continental tour,. aud were Coming htbe. -,- ' , " eleome, my daughter" said art elderly ' lady, i eseing" the iratieller to' Tief
hafrfJwel!otbe honuT ' ' i 1 -J 1 ;VWwuld ytur lordship like uppet?V;akj
s pcTTaru, coming ui . : f , . r
"Jad'( Atha
rshalj
i-'-Jad-y
.-.'MVbtJ TlerhittvV. itviri tisl! moihcr ','havc yu never told lief .4mfvrL'W(i 'JNevcr,. .Yes, , supper imuiediatelT,.",J said ilc'rb'erf; di'sniissiiig the man. "S"Jf Minnie; yoti tool us "ttrrifico; as ' if 1 End said 1 was- high'wa JtiiaH,"' '- ,'bnad Minnie crept up close to him. r :!, novn .Latd Adair f Mr. Gxaut,' kht whisp eicd, "sou are my lletbert still. ,
f oider eiippCir' ' ' Y n JfAdaiir' said Minnie.
,dppea,bar af Ihe. first f.nee. ind , . T.eftipPinee,,lri f oUtiM,n. wter. j XUe killed-! Frora-,2 w'ei c.ViUui;,WiVoi.W'8a;s a i S ".i, V ' I "ilu'A "Hie-tfatloiUr 1'eliipeVance 'onventioBj rned bun to the best room.senn ...j,-.,' , . . , .... "z- . i,-rr" ,: .j wlifcHm.-ehfly rtTCiicd In -'Chfcajro. 'watf
deathand a'l tba.t time, ngt.-, en of r t) gay hunting bariy again cattic to the poof artist."' Mtntiieiwas h'ls bursei" ritt bid
aunt, who was very tnnoh rp'tercsted In the
poor y oung man, direrrcd(her anq George Sa-rrge in Iheif treatment 'tf fhi -invalid; and when the youngf mart was'agsin" oat of daiigenj bud nisi frierld had retlifnCd td London, iVIinnic aud her. aunt were left to take tare of the stranger., " Montis' (irant. in hia cont-atpscencp
might have euvied that young ,giii's voiceJ madtv a ludy of Minnie; he was -chariwd
and
IS Conctit oli.,n al for I "ho
'enrl Au.bly to reduce the number far popular elections, bv substituting
" ""'ai e'ecttoni for the an
,v r ai'J,l,f elections, previously existing ' :t that such substitution may create 'fancy io sonie cftice or under "riewpmision of ti e Constitution, v ntiBoe ome officer in c:liee lot.-er than ticn I00 ! haVe con,inu,,i if ih sub'stituvjlii not lccn n,ade, cannot affect the wity ,,r ,ie fubstitutiou itseltl- If the h;.;"ul,on wa9 constitutional, the contCrCei U"t fl""r ,liere'r)U1 must t take ' U'iCUMiaos tl,5 nnAAM.
""'tonal. If i..
Mil,., . --' fuvciuauyn in u 11UVJ D "nnal. it t,nit 1.. K.,. ... ., ;i.,.
It. . . . unit ICl'lIIC 'It'lti.in ;i";iinsf imU.,, t. S r..
r - - - ' " . . . i, tu tl tUU-
October." It further requires that . lth judicial offieers,-wess-aeh an election
Governor and Lieutenant Governor shall be elected at the time and place of choosing members of. the General, Assembly " tt further provides for, seven' county officers, all elective by the people, some for two and others for four years, and requires that they 6hall be elected at the time of holding geiierit elections. What, then, ate General Elections? Are they defined by the Constitution?. T'1' answer is, that the third section of the fourth Article provides that "8enitors shall ba elected lor the term of four years, and Representatives for the term of two yeais, from the day next after thtir cm
cral election " etc iery5 election, then, at which a new General Assembly is chos en,' is t 'general election, and as we have seeh,the seven county offices cteated ' by the Constitution must be elected at a gen eral election, and so, also, most be the Governor and the Lieutenant' Governor, and all general elections must be held on the second Tuesday in October.' The schedule to the Constitution contains the following among other provisions,' to wit:
First ''This Constitution, if adopted
(by the people) shall take effect
first day or "November, lbnl.V Second "There shall be a session ' of the General ' Assembly, commencing on the first Monday in December, in the year one thousand eight hundred and filtyone." Tnlrd ''Senaioril now in office, and holding over under the existing Constitution, and inch as may be h?cted "at the next general election, and the Kcpresentatives then elected, (vie: in 'August 1851) shall Continue in bffice until the first general election under this Constitution." ' Fourth 'Tbe Hist general election 'uti
der.this Constitution, shall be held in the
can b held, not iJnly in the absent of
any law authorizing it, but, in direct contravention of a constitutional euactmeut declaring that the first election , shall .be held ou the secoud Tuesday of .October, 18T0. e If.we are bound to have it elec-.. tiou iu October, 18U9, tOjtill all the offioess which WDuld hava beeu.then. filled by elcetion, if the act of June:?, 1852, had remained unamended, tbeu it follows,. that we can uever rid ourselves of (ha eipense and anueyauceue of a popular . election etery siJt uiotnhs. Ye can not, upon the theory upou which objections to th? act of April 2o, 18U9,. is based, - avoid Sfuinal elections! at any time in the future, for 1 have shown that we must elect members of the General Assembly iu 1870, and every
j r iyr year thereafter and the advocates of the
theory insist, that we must in-October 18U9, and consequently in October of etery oisf year thereafter, fill, by election, all county and judicial offices that would have been then and thus filled if the amendatory ect of April 2tJ, 18159, never - hid beKO passed.' . . t : - :. i-.t . Again, tpon the same theory, we must
oa the t alwnys continue to be annoyed with town
ship elections tn April ot each year. Ihei theory is that the term bf an office fixed by
theostitution ean not be' extended by
U'10I1. and it K-,1. i I l i . .. ..
ict l l"e oi'jecior io , year one mousana cigut uunarea ana lit
i'l not il
provision j that i iaUtedrtty-two.
t
not ,'., r,:... . r . . m -- tr ' . i :.. i
toat, . auppte mai ine i from tnese provisions oi tne schedule 'sm K:Uf ? 9uw,n? Vbn' the act are in-! it is manifest that the Geiieral AssembSv j!.'1' u,h cerTa'n provisions of ttifej elected lb August ISSl,- undef the ConJ'Kn .!,uVin? ,he tenure. of cet- stitution of ISitJ, was to meet inliecemPtiMtV6' ,or ' lhe oct e!f is a l.ber lS5i and was lo continue to exist, as
H"eo r - ''"pislation, 1 the conse- the General Assembljf of the State, until Cj- lZ : '''e I,rf litigation of the of-1 the fitst general election under the new 5r fro ' !e'!ce particular incumbents). Constitution, to be held on the secohd fc.t;,X1- Jr by ,hat section of the (Tuesday of October, 1S52. Accordinely
in Octabtf, n832 tha firsk Oenerat ABsembly was elected udder the new - Constitu
tion, and by the express terms of, the sec
-?l I Ml I. ... . . ' -
"tri,; wtl,oh declares that "when 1 tt Is rrnrl l . 1 ; . - .. . i .
!ar.i r''ul i' mis Constitution, or
:tn V,,ic!l u,ay be lietftcr passed 'Uv.J .oer ofhl,r than a member of
for A$ieiul'j s"H hold his of",VQn term, the same shall be
li'tvr I me that each officer shall
- '"S Oftc. I.. i . .
bui; ii term, ana until ins
'4... tuve been elected audqual-
e l,e intervening between the cud of!
1 .is j. From the Warsaw Indianaa. ' , ( A Young Lady Fatally Burned.,.. A uiost shockinsr accident occured at the residence of Mr. lleisel. in this city, on Saturday .evening last, by which an estimable yobh'g lady, by the name of Melissa 8arber, lost her life in a peculiarly shocking wanner.. , It seems thai a young man, by the namg of LeWjis Gukhart, was visiting ber on the evening in question, and after enjoying her company until It was thought a proper' time to go home," be announced bis intention of doing sp. llafore he left,-
the young lady proposed that he should j take, Rpiecejof pie, and proceeded to a shelf.
lor the purpose ol obtaining it. Iu ooing fo. she accidentally pulled a knife off the shelf, which dropped upon the kerosene lamp held in her hand,, bre,kin3 -it ; and spilling its contests over bercJiotb.es, which immediately took fire. The youiig man made ' basts to' hef lt?is(sncei but in" the
excitement of the moment.and the strenght imparted to her by the pain she endured she bore him out of the room into the yard, and there regained until her clothes were literally burned and torn frorn ber body. 8be was horribly burned, from her breast to hot-feet, and aboat the waist the flesh was Cooked td a crisp. The young man had his bauds badly injured in rendering her Assistance,, and it was thought for a time that one of them 1 Would ' have to be amputated. The young lady suffered intensely,' while not under the influence of opiates for twenty-tour hours, when death came to her relief and ended hpr sufferings. Her remains were taken io Talestiue on Monday for interment.' The accident is is one rf the iaddest which ' has evef be- 1
IccMatihn, and that to change the time of cutred in onr placeJ We hope this lessob . ' . . v i- .i i i- l. . l:. l . .
in inc careiesa manner ,oi, imuutoiji
sene and glass lamps containing it will not be lost upon our citiaens. . l'be number of uScidcnts from this cause is fuUy as great 'as' lbn th rare) ess ns of fire-arms, and exiuiliy as fatal. t : !" . t : " ; " i
the e'etion of otbeers in suCU a wanner as to prolong the ottieiai eiistence ot particular inousvWnh is to extend the term bf the ffiia. fio, -ever. since tho adoption of the present-Constitution,' under' the act of June '15, 1852, the people of each township hv Tlecied "Justices pf theiFeacc!, and this'oSoe is one created by ;the Con stiixitibn; and the term of th offieeiis therein defined as being fonr years. -n b -.1 The Constitiition does npt say tlSaVjdstices shall be elected at any particular time, but if sitiipiy declares'" that a competent number bf justices of' the " peace shall be1 elected by the tters of each township, in "tbe"sevetal? crjinrities, and that they shall'-'cotitijine ih t-ffiv-e four tears. Under tb.e said art ol"18-2, several thou
sands bf justices bf 'the peace'have been i ously high.-
elected who are nowuiu wifice. The terms of some , will expire in , 180?,' others 1S70 others in 18Tlj and stilL others, fu 1872; and if the official .existence, , of no
jus'ice of the peace now, in. office,,' can in; j
lie whu pelts f every barkipg dog mnsf pick. up a great raany stones."
"Barrett's Hair Kestoatite. .: .... i ...... ' - - A family of garbage-pickefs in York report 10,000 iu bank. '. Barrett's the only Preserver.
ew
it was ulear aud inoei melodious, and
every note of the simple ballad she; warbled was true and lull. She made a very pretty picture, this little- .Minnie, as she stood there singing to her old lailier. TLe last aa ol the linking sun lell upon her rich chtsinut, Jiairi.her jouud white sliul-
ders and arms, aud threw out the. cojors ofi
tier : pretty ; gay ..dress; wbi;b. ' wus fhert enough to give a glimpse ol n uu-rt dainty little loot, eased in , a Heat j black ;buot The long green branches and bright flowers of red ruae twined rottud the pillar against wbivlr sb leaned, aud ithe whole eBLot was-vety fascinating..' There jWere two people who thought so) one was J on hi nisei I, as he laaily watthed and listened) the other w as a horseman Who had stepped his steed u ear. the .. i n o , en d,i : uu perbei ved - bythe group on the poreli, wad waiting a pause in the son lo. speak . to llio land
lord.-, tile was a voui g.i haudsouiSi man,
Ilia rider; aud evidently had an eye lor-
.beauty. ,-..,..; : , - , . -; j - :; v 'jMow, MiiHiie, sing oue of the stlBg you learned at the sobool.''t ' t i i - "W Lewi ! said llio rider,, in an - under
tone,. as Alttihie sang the fit at, notes ot tbe-l
biindisi from Maebetb, '-Nuw formordei!" fu util tilings Sir Critic. As lhe last note died upon Ibe air, - the young man struck lii hands together crying; f --. - "Bravo! I beg your' pardon' he added; seeing the surprise bis appcutaucot occasioned,- ' I. have been here for Some timej but l oould not 'make ap my mi rid to iaterrupt such heavenly toUBds."j! -'; j ' The laudUrd was vtpy bowihg,- and Min uie had vanished. before -this speech was bail finished Giviug his horse to a hastier, and ordering a private ro-tur, pen, iuk, aud paper the traveller entered the inu. Afier bupper was . served and eaten,- he .dre.w, his. tbair up to lb table and beyau to write. -. , y , ' "Dear. G korjk:, .Uere.I fani,, ot the 'Fox Hunt,' as 1 told jou 1 t should ; be when t left vou. laniyed here about an
hour Vgo, aud distu.rbei at . her 'song the
with her gentle, lander, cre of hjm. 1 1 . . I I! '. I . . i I
WltfctT rtl-ehtly -cdvCiicd 1ft ' Chfcajro,' 'watf
itotiiquite harntenious ; iiv it. pmcediiigaf and lliere isgrouud to tear; that thf entM, wa not adtatitjed in th bUblic Cstiroation by the ac'torl "had. Ot' t'otitse the resb lutions adopted contain substantial ' truth j but the deel araiioo that the temperance men aid driven, by an imperative sense " duty, to orgaaise themselves Juto Nitioiubal Auti llrsaishop party4 failed tocommand the approval Of the best minds' in the! convention, and will fail to enlist the symphthy of the gteaf mass of fcobaf ' and pariotie citisens, whose party eo-op cration is indispensable to the success of any sucb movetneat. As friends of tern-. , petnijce;'aud advocates of prohibition, w'eJ ' regard th aitcrbpt to form a political paf--' ty on this ground as unwise, and we deep -ly fcgriu the inauguration of a tneasura that will divide the couusele of (ctlipcraBCO , men, and alienate those who ought to join
heart and hand in the treat work of
aniuzed at the ntie cultivated mind the i i.hii.i:-.. ..f.ii- i....;- .... i f.i
- . - , : ii., i . ..,,' luuimnii: uii iiuuiit mniiuaill ill liivur u: Simple country maiden possessed. U hen - ,he abrogation of dfatb shop by the law of his fneiid Nivage sent him poems 'and f ,i.e State - . i ! . .;, . .
uookr ir.nn im-eityjaod Minnie read them We )yit others to differ
aloud tahilu.. ho, wus deliahted ( with the
deth of information bet . remarks dis
froln Us, and
all impute to them no improper, motive; :.!..! 1 i . i i . ' ' '
in iuc iiciioii iticy nave lascn, out we Will
,. w i r iM. . ' ri '? iuc ni-iiuii muy nave laitcii, out we Will ?rfcf.,i,Styi0r.,f ",r:.-.u!f'.e!t.?nt l-w"8i bt admit thorn to be 'better tcmperaric! l"...!!y.Ji .- ,li. . -j,. -tw "0" ardonfly devoted to tbodndi'1"
htin in lr -ritlH toeiddioiis voice,- .Trotn Mi.is Jaiidqa's I'oens ,., ,: .... 'It is a fearful tliiag , , , . ,,. . i TO love nS t love thee ;" to tVct the World The bright, the beautifuI,JTy giving world A bia nit- riflirtft ffcrl.' "' H (rMre to' me " Can .heiiefcj'iv,.f'iu- wear diftesent seeialkg. K, t have no li.p that does not dream for thee; I hav t'j.v iht ts fcfChBrd by thee? ' ''
I hi e no tey tbut does, net dread Jor tbec; t AlTlhtit I on'ee look pleafiire IrJ ftty lute, 1 s loly P-'l! lih it tcortni thy ae : .- I
My fluwer.e, I ofilj sfnthtr them forlhet 'lhe Horik rltnps litlle4 otn, I. c!htiot ffl,flel I nkss it, is ty fUee.',' .-, ., j : oinr ! n lli:int' t.ii.l Alinnio Irrlnir tn In no a
, J . r ! '"i1, "v, i'-(. r '"TTt r.'!llas dot your friend sent. vou sooiethin
'Vesting than this trash?"' " '
:T ft
most )ovely
but never ' mind that
now. ' Come dow ii, as .soon as ,y VU
triao of prohibition, ur more aoaIotiiintblt
advocacy of total aVtinence, than are); ; those of tts who sea iU4g but evil and defeat iu the. third party movement. The conviction Jim tixjd itself in the. mioddnf many thiit this third party experiment ia is fn? natitiing of one of the great poliiicaf patties tmw'iri irarsitence, aud the one which
lias nttct -been hibiiiigtiiched for the advo-
icacj or practice of temperance; principles, , . A. .1 . - . .1 . . 1
ini wc-iiiisb our gness ii inc party inai naa f bcen toost vigorous in opposition to'all re,fofnis ofi'this tfuhje'et. doe nbt 'pat itself at " once into ibe' position uf fwier-pareul ttf'l this youngest bom ol lhe plliltal family, m Possibly wc mistake t Iko-situation; but ouf
confidence apolitical paitic) ia aot strong bnoUL'h to save ils from fear that our ovew
:t tealous tcmpci'auce advocates af in da,n
more tr-Tcrestiuc
'.Minbl,-'' fti-d Itefbeeti loftltiftg " ftill
intdjlior. large datkufjes, "8 It ' tfafh'' 11 think it ia. beautiful. '"';.? :.:$. :, rt ,
W hat a brilliant color i the innkcercr ucf bf tMa Ving cdt'V p'.tw to sbroebdJj'VnolS"1
daugltterdtd ptfsess!'' , ." , , , , ' i'tical 'ttodi - i'i - ) , ; i r r - I ,i .. it ..i Mintnei thy dwn" Mihniej'l love ybo.''"1' iy'i r-. -tt .''-") -1-1 t ?:- it i iohi Wt elfirea'drr, yoir; bod I will strp trnt! TW 'Mr'f frfiry.., Ii;ianV.d Ttnnyson'a,.
dainty it'if"? is u
Wf :n(. ilr rMi.
- - - - . . r . r 1
A wi-ckof two later thbfe w "'a rfH ! of .ye veil
pathetic 'partibg M the; fittle foftrti1 above t i ' ,r -.the fcofeti -which Mt. (trani occuriiod. 'it f'tnfhlr
child
rcn.
Mrs.
U iwt!sly. tnoibc
! i i !.' AJ IV i- ! -!
'j.OJjinS rWcr setrin mltliofl jt
f;,Guad-nigUt-an,d gortd by, Vliiini I ,(.r!f 0f labd Ijitfif slong the Atlaitlic can I; shall be oil before vou Hit tlv to ftioriow. r.m. 1 ,;. ,i Ui.-r tu tm: Sable., admit-, i,
I will writo in a day or two, and SoOO ,rc ab adtnteJ t the ou!tiv.itio of COrTtttw, tuin fo'plafm you, Miniiic." '' " "' " ' r ! " 1'"
" Th next fnOffciriV Minnie wan 'tin4 vVrv'l ' 'Iht he irt is sia. inches fu length, loaf.
fcarly 1II shfc nbt -10 get
bteakfset btrl'ure trei staffed ter '
a fur her lalber.had Jeft, why did cbe bet t.'"hcpcr diy, aiid H7: n 0,00(1 tiureit 'pfcf I
her father's j Inches in diameter, and beats seventy times ,wn: . n' pcf minute,' ilirtf limo- per hnur.' 100 Kf did rbe net ! f 'inc per div, and ot.7 0,00(1 time 'pbt f.
i .... . . . ..
return, to tne noq.se, wisiejaj ot sianuing.'--"-ii .! '" ; '. ' -'.' -'' t. ":"" oi HW'hblse' WocS 'ni'.Jalking to" Laf rj, j .wf, ol -niOs bc-W awf.rl ' drs -ft .bel-barr,enosll rt,:fwwid.. W Udy, "fer ,0t , wa.errd A hue 8ureyMtf )rnl lia, u v , iatl fcwUjC btlltry a 00t , It Was a beaTttiful hotstTnd - nlmnic evi i ,:,. i i,:- ,.!,'
- - - i - aaa - -
Experience- is one of the oldest and best of teachers, but her prices are ruin-
Barrett's the bsst thing yet. The Arabs allcvf a wan to divorce biro self, from a wifu wb doas not make good
prolonged, by changing the time of glecrJ, .t";. - . i .... ii '.t ' t
! bread.
ond section, ei me mutin Article, the Hon ot iwsuces. - then t follows that we! est.- t..j.i ' LL.aa Itirr.uV
amended.
- , , i j - ......
teruiB cm uo,miih iimiihuh-u tor lour musi, uuiii.tue Louslit utiru
years, and, tha , liepreseDtaiives for, twoicontinue to have April towhshib elections. I. It is unwise to worry about tb.it wbieb
. . ftl, A A W f'A it, .1 n I O . 1' . . . I - t I 1 I . . - . ' 1 V I - 1. . J ' I , J
) cif, j .ri - ' wiiiuu i ou.iom; mr a moiueni, oy way ot, iiius-1 cannot be helped, ana ioousu ie worry
tratiou, that there new are three thousand i about that whieh earn bo helped. There-
Justices oi the l'eace in office ; that the;foi
they were .elected. At the general . elec
tion in every second year since the vear
1852, another Uencral Assembly has been
terms of four hundred ol these would have
fore wcrty not at htl.
elected the last bavicjj been elected . ou expired prior to the election iu Apiil, Darrett'a eaves yonr ''locks
lhe party Irom the cquire s ttlll , be
to morrow, and then' I shall present Lord
Adair' b' regrets for ,bis abseste, and iotro dure to' their notice. . ; , tl ' ;'. ( .Tours, lru!y t .'. , .ilERBF.ftT G RAyi, Ar(isl. To Hon'; G eo'. Sav-Voe,'; .V.,.f " ,
' ,Th nexts raoraing, . quite Rarly(,.4be
Tiuntt' iarty came , down .to. the. Vox
Hunt, i Mf. Grant preheated his letUrsof
iuiroduction to 8quire- Uldflald, ai.i,(was politely requested to' jvin K the boating party .,-t - u t n h'.-hT' vsis
"It must be nice to be rich "B fojwerj-J
ful," though Minnie',,, as, , she ,saw the dcfcicnce with which Mr. Grant assisted Kate Old field .from 1 Ler 'saddl , 4 to,' .'.the ground,.aud marked the low bW with which he gava bej his arffv ' ' ;,,! " J ; ' He called ineMii7if "this ' thoifiitig, just as if I were a eerrant,'-' was ber neat tbonsibt. '"Hovr handsome--- he"' Is,' and what a pleasant toice he had? Minnie is a pretty name, aa he says it." f T "Miouiel Minniel where are you?? -,, CoBribg. fathet!-" And the yoitng girl hasteued down stairs to assist her father in warring upon his gtfests.- As she was passirrg through thtf hall, she met Miss
deb'ttt the.ira sojefie.wtW d!d6lvc;6ta'bd
an jstnhli.gits-ma4ie, attirrg. K,Mani (cnee!.7 A ' Hat-belor f H i.sita(fng' poW thi 'J Vtrt; ! when. LTTf-.nttwt oreight, ptesiMli-bf large !amuht 'fcvhicb Oneen- Victorti atMi'ir
ftpa to orpa c w nittj., jor.etieao:!t ijir. nnually Iroia b.-r .salary, , remarked that , f Grant was looking but of his "'window', '..lucrc waa widow worth goifg fur.' . ' and there-waVapleMf 'r W 'A': -4 ' ' when' hff notlced'the ' eidn'.' ' He' fcatne' The yTwig,'m pftht ftittil pays', rfeHf dowa -frw i aiofti att nfterwardsj Itaolcd 'l one partit-ui-ilj gtioil point in a voyage i( audspuuietli nd thongU sti1!; a jje. and ', cror.s the oceahj which-is, that one cart
trather.wcak, i l'gh fpitite t , , ; xc..n3 tih as. he pUi? every day, ;.f -aird
.Mimne paj, a secret ior ner lainer s ear .tTerj- utay ininso nor- oniy ea bfs.. , ,Ihat':n'uif,'f? a utt the old man sa!d- -!. -':.:' ' -'- -" 1 , "
WlH, la if lie 11 pfoye--' n ar tl re - Mfrrwrpnerw say mat t-iosms iw cyca
pectable ansa !and oaif 'support yo ,why i make ike woMi td heating more avote.- A. j
he s liberal, wltul-;souled ,lellow,a rtioA, wg..ncgcp.rn mat, inrs , arcininis rwr ma,,.
and t suppose 1 rcost let yofi go. , ... i .n'a..".y,,VJ5t "iaS . ar l?,u'1,
And SJ'innlc seated bedehifff, ne"sfled ! nnaays. f ( clointahis nrmsljrsat.,1 .EtMweetca 'xLxhu divides J.idicourM Bongs , xi.:sj- ! - jit.. tUnta toor jpany It ads will hardly find ears' In a sfleodld; sfsttaetil m 1 one of the ! j.J J . . ... finest fibnses iii L'Ontfob, younj 'ntrbeft,or ."'.'"j ., n ; , J.. 0 1 tint is "i8i Oif yapidlyi - ap aad doyn; an I ; It said that (,luitn Victoria is var elderly -lady,, seated en knaoh,js talking ,fud of krrrrrrng, and Inu. liMi.ifhcd many to Itifo. ., f; -j. i'i - j -t , of the yfX pcopfc aboat Il.ilmoral wil 1 "lear Iferocrt, wish yu wpoid listen .stork in.?iti1' her -men manafacture, ... , -,.t to rpasdri. MVhait will Kte Sayf ' ' , f ' , .. . - r "K ite!1 a 'cbid'bearted girl,' who saw rne A n l!ril geiiilcmau. bearing of a rriafta browjht,! dj,lagj.. appareutly, to - a, home j b -fi g'a stone coffin made, for himself, S within haif a mii of her, and never, sent i elaiured. " By my bowl and ibatV a gimd-t to ktww, ift.surytved my fall! i was a j tde-! mu u' ftwe i VI last a hm . Jtiluw crcatute ai loaVt.''' ' ' ' hi lifctiiBj' ' '