Plymouth Banner, Volume 2, Number 43, Plymouth, Marshall County, 29 December 1853 — Page 1

3 :1 1 u 'J mlmtJi I It EST . X U i JL'. jiu in i mi 1 1 L.mJ.rna A Family NewspaperDevoted to Education, Asriculture, Commerce, Markets, General Intelligence, Foreign and Domestic News. PLYMOUTH, INDIANA, THURSDAY, DECEMBER 29, 1853. WHOLE NO. 95. VOL. 2. NO. 43.

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I'L'ULl'SIICn EVERY THURSDAY MORNING. f put in advance, 51,50 At tho eil of six months, ----- - 20:) li ibjlr.'sil un'.il the en J of the year, 2 "0 n-r;i .i'jjve ter.ns will be strictly ad- ?.. :n h .ViintMiiiel until all : 1 . . i .. . i . . i. n" t?. i'. i; Cr. 1 a nrnTieiM,1 i rt'J V in. I iömh . A Ivertisemcn's will be conspicuoiuly inserf j ! t!ip fnllowiiiir nrices, viz. F r t s i'i ir; (of 10 lines) 3 insertions? 1 00 J Riii .i-llition.il insertion, , . --e j TT-V-iytliin! less than a square, will be eon , silere 1 a square.

n-Alverusers mil lie pimi v u i, u ... . - se!t,clt,a rou from a thousand, on actv n-inherot msrti Jnsoo the fa eo! thea-l-: J !c'ruc" - u . Tetise-neuts, or thoy .:ill p .Mishe.1 until ; count of your prepossesing appearance, orlered out, and cil.ited lccordinuly. ; Henry was astonished at this singular Tj-a liberal discount w.ll be male where ! Sl,etfch Qf tjie broker, alvertisin' is done by the year. j ..j j shi,j bp ßble lo suit vou ttK Cn nu'.iication? Iro.n i distance; shoullbea!re, Post-P.-p, tothe Editor, j sAA he modestlj.

Froin the American Union. ! SEÜB.ET SERVICE; OR TUE P.K OK KirS WAU1). poor r.Y oLtvr.s orrsc. CHAl'TEU I. Mv G ju umI a dftllaf left! My pittance is .ill gone, and I have not a j ,e,iny topiy this bill with!" exclaimed j Heurv Stan lish. as he crushed up a uu. ; for boird which hisl.mdladv hid just pre- j sented for collection. , Throwing hiin rlf into a chair, he cov - i frei his f-iee with his hinds, anJ wept!, like a child. j When t!i-j strong mi;i weep.:, the hcaiti is indeed touched. The yomu; man " j b. en four weeks m Huston, in sei ten oi i e in p;uy ni-iit. He was a native of a thriv-j ;... !nvvii in the norliifrlv Dirt vi er ui j.it. Well educate 1 an I of goo I ad dress, he wa n-uiilJea lor .ue ,: r. .mnc business, a.-. lud aUays been turned lht direction. For several years previous to his i.epirture from home he hid been employed in a store, but the sphere was too narrow for his ambition. He longed for ihe ex- - . - - v n.:t . . ciieinetu oi tue great nieirijpii. ...... CU hf (Itinhted not would furnish nim field co extensive with his capacity and Uli desires. With only a snnll su:n of money, for Us doubled u Jt that he could ste; immediitely iuta sjuiä liKdlive ernplnymesit he b.ide adieu to the cherished home of his childh-joJ. an t departed fur Uoston. Arrived there, he found Iii prospects not nail so encouraging as ne nau expecieu. He had applied for several situations; lut having nejlec'eil to bring witn linn teatimutiials of character, no one would employ him in any very desirable capacity. He was sorely disappointed, and pot until his scanty means were exhausted did he awaken to the full sens of his unfortunate position. There seemed to be no allerr.ative before him. but to accept a situitio.i iu some mental capacity, a step at which his pride re vol teil. His landlady had handed him her weekly bill for b.iard. It was only S'j; but

all his money had been spent, and the, n. ... .01lt nvp-i rould not expose th plot, even if he reconsciousness of his misery went oer . him like a dark cloud. j refused to e"SaS - Retirin- to his room, he ented his sad j "1 wi;l make the attempt," said he. af-

feelings in exclamations of bitter disappotnuneut. "How now, Standish What is the matter?" exclaimed his friendly roommate, as he entered the apartment, and discovered the misery of the disappointed young man. Henry raised his head and tlnust forward the bill. 'Fudge' You are not nuking all this fuss about lhu little bill are you! "I have not a dollar left." "Cheer up, mau; I will lend you a V," said his kind-hearted "chum." drawing his pocket-bock out and taking therefrom ii bank bill. "Nay. nay, Joseph. I cannot take it. I know uot that 1 shall ever be able to repay you," replied Henry bitterly. "Nonsense. Slandish take it whether you pay ne or not." "I cannot." "Thunder, you must! you wilt learn how to borrow money one of these days." Henry reluctantly took the money of; his friend. "I have news for you a chance to get into business." "Then you have seen Mr. Harding?" said Henry, brightening up. "I have; he s.iys he has something for you to do. He wishes to see juu und promised to come here fur that purpusu." "To come here?" "Yes; and it is time he were here iiO'-," tai I the other consulting his watch. -Mr. Harding was a uroKer. to whom Henry had several tiineä applied for employment. and who had encouraged him lo hope that his purpose was iu a fair ft! way of beinc accomplished. A servant gul announced the broker. "He would come up. though I tritd to

make him stp below," said she in a low tone. Walk in. sir; my apartment is but an humble one," sid Henry, in confusion. No apology, young mm; you are not alone,5' returned the visitor, glancing at

Henry's chum. l..i?ui.!t rrflirf.l In II ml mininir anart. i ment which connected with the one oc-cur-ieil Dv himsvlf. . V c-.iacc rnnnn mnV L,:., ,i..K,..i r.,i,. hisfcpn --rev eve c'occ rnnnv man1 it -I dosiul have applied to you for a j situation " i ...... it -1 do not want a r ere. oui i na.e service of rather a .MU-ate nature, that 1 wih performed. You are a s ood lookshort. I I require is not a disagreeable task; most i young men would be glad to do it wiiii- ; out the liberal compensation 1 propose to : :ive von." Pray, what is the servici-T' ! ' l'efore I state it, young man, I wish j you to understand that all which passes between us must be kept inviolably se icret. In a word, you must swear to be ! ., .vi,ni-or i imi iiirf-jrm ih service ?f ,.1Ien . ...... j i irv bocitntpil: but lie was a besar. bfggurs are not so apt to hesitate as iC)imfr,r.ab!e cficumstjiicts. -I proir.ii-e." "..pf0.njse""swear ,. ..jf VOu are false to your oath, I'll far rjur h;arl oul!" SJ-ui thtf bioker in a deep, j-ierre ton(.. 'I would not betray your confidence. ' "Listen to me. then. 1 am the guar dian of a young lady, w ho by the term? of her fjther's will, who loses her inherit- , an if lliait.s without my consent i her esJaX! coinos to me. The fall of J stock has ruined me; I must redeem my- ; gef you Ulluf.rstanür' j iIenrv gh, back in amazement at the I q1 viliainy which the broker proposed Aa,ft-trai but bi mriosiiv was rousi. 1,.--.-,- . 1 I I t . .......V. n .-oo 5 C Ila. eo. auu wr.n ss u.ui a I. i i Ä . COUul assum", ne expresscn a eucn tumprehension of the broker's position. You are well formed; the women say you are handsome." continued the broker, with a sneer. Nature has admirably 'J adapted you to execute my purpose, you ty-i i . - iva I ll a fminiT ludl'l ..M her,.. t..c:almea Henry in utter ! naZement. "Ave. marry her! She is worth a , , p , MHlirc. t win ai vnu ' tl lliiu i CU kilt.' uu 111 UUII.IO, & "III fc J " i ten, when you have made her your wife. Will she consent to become my wife." Fool! not unless you play your cards ri'ht. Cut she if romantic sentiment al reads novels by the wholesale. I will introduce you as Count Fizzle or something of that sort; you must do the rest' Henry paused to consider. The idea i. f becoming a party to such a nefarious transaction, was repugnant to every manly feeling within hin. But he had sworn j ter a thorough consideration. "Good; and as I suppose you are not flush of change, here is a hundred dollars to fit yourself out with." The broker handed him the money, and promised to call in the evening, and introduce him to the young lady. "That w as a precious scheme!"exclaimjtd Joseph, as he re-entered the room. "You heard it?" "Mum, Standish; I am not so nice ; about such things as some folks. I con- ; gratulate you on your good fortune, and j when jou come into possession, 1 hope you wont forget your old friends." "I certainly shall not," replied Henry Standish, relapsing into a deep reverie. CHAPTER II. Harding accompanied Hanry Standish to the residence of his ward, and presented him as a highly esteemed young friend for whom he claimed her special favor. "Your friends shall always be welcome, uncle Obed," said she taking the hand of Henry. Hrr uncle! reat heavens! in il possible that man can plot the injury of his own n's h and blool? Mr. Harding withdrew in a short time, leaving Henry to win his way to the heart of the heiress. Thtre was that in the eyt of the young man which is irresistibly attractive to a young maiden. He was well formed. i with a handsome face, a musical voice. I. - A and a winning manner. Amelia was strongly prepossessed in his favor from the first moment she saw him. Henry, perceiving his advantage, folI lowed it ui with enercv. and ere half the evening had passed away, had produc

:n impression on

the heart of the

maiden which fairlv opened the way for; a conquest. " : p.nt hn rnuM not hot renroach himself:

for the part he had accepted and though - - -, - - he felt That his intentions were good, the ,..,! iL.tl.P nnPare.l before the v " it .HlonM an cenrnp. r Marat Pf. WaS ! anvlhinc but aTteable to the loftV Sen-fc-v- Km - ! liment of the young man. Ameua was s ueauuiui Lui.aimuri) . ti? i -:r..i l ... it

, fjl that to h( OVPll DV IIPT WBS the drliehtt of Paradise in the midst of a rn il lrownnip wor d. ien ne uepari- ! ed, his heart told him that even then he j had gone too far for his own happiness. I ,i i i ...i ii nc u.u cu c. . . ... . the desire to repeat his visit. He went reply ; . i i nave ueceivea you. Ameua. bam Henry, his mind made up to continue no longer the cruel deception. Deceived me. Henry." repeated sheas she fixed her large blue eyes upon him. anXlOUsiyi "1 have dearest, I am a poor, worthless j man a beggar. ' j Is that all? you never told me you j were rich," replied Amelia, entirely relieved to find the deception was so hanuK'ss. Iu a few words, Henry acknowledged the utter poverty and destitution which hud surrounded him. and jrave her the his lory of his past life. f "1 am glad you are not rich, Henry," said ehe artlessly, when he had finished j his recita!; "it is so romantic to marry a poor man, so noble and gentle as yourself. 1 shall have the. pleasure of enriching VOU you know," and she laughed gaily. "Alas dearest, I fear you will not even have that pleasure," returned Henry; and he narrated the particulars of his fiast interview with her uncle. Is it possible that uncle Obed can be so wicked!' exclaimed she, with unaffected astonishment; "dear me, how I phy him!" "But Amelia, we must ' "Part? no." 'Your fortune will be sacrificed." "LU it po then! and I am heartily obliged to uncle Obed for making choice of so noble, gallant and handsome a person to execute his purpose." "Think well what you do, dear ArneT am satisfed; my decision ij made. My uncle sent you to play the pari of a villain; iu the face of a strong temptation, you have done your duty, and behaved as a gallant knight. Think you I cannot appreciate your de vo:iou? 1 love you. sir let the fortune go." But I am & beggar." 'Then let me he the vifc of a beggar." Henry folded her to his bosom, a nd imprinted a tender kiss upon her rosy Hps. "Nay, love, fortune shall yet redeem us from penury; we shall yet be hsppy." "I have it!"and Henry'i brow contracted with the weight of a big thought which had suddenly invaded his brain. "Have what, dear Henry?" inquired Amelia. CHAPTER III. Henry Standish and Amelia left for New York tha following day for what purpose the imaginative reader may easily divine. The first intelligence that old Mr. Harding received of the Marriage, he obtained from the newspaper. Hastily leaving the ofiice, he made his way to the residence of the heiress, which she occupied with a maiden aunt, as her companion and house-keeper. The happy couple were at home and Mr. Harding was in high glee at the success of his plan. In his calculating brain, he commended the diplomacy skill and energy with which Harry had brought the transaction to its speedy termination. He found the happy bridal party pleasantly disposed in the drawing-room, ready to receive such company as might honor them. Appearances must be saved, and as the servant conducted him to the presence of the willful girl, he contrived to work himself into a tolerable passion. "What does all this mean. Amelia!" demanded he, in loud authoritative tones. My husband, uncle Obed." 6aid she with charming naivete as she rose and went through a mock presentation. "Your husband, indeed!" sneered the broker. "If I mistake not, I have not been consulted in this affair." "No, uncle, it was my affair, entirely." "I never was more confounded in my life," continued he, "than when I read your marriage in the morning papers!" "You will be in a moment, though." thought Joseph Jones, Henry's chum at the boarding house, who either by accident or design, was a visitor at th same time. "You need not to have ben surprised, J uncle; you know lam a wild, willful girl.

filt that to be loved Dv her was xo mm,"-''" 'r ;

acain. and the effect of the isit was ir- j

" - . --r. . . .1. AT- II. ..II.. r.

.c.cu.a.,... ....... 7 ..lTriaiVn the re sidue of her fortune " i judiciary look to the acts of the Legisla- the consent o: a nsajoruy or icgai toannounced she had thought of him in ; slm 1 c laim the res,i ue ot ner 'Yc "" ture with respect and reconcile trrs of thb township -for license.' none his abSence-indeed she loved him! said Henry, jvho had been only , listener. , emoslible. The Gen- J can issue. In connection with the afiiirHenry continued his visits for several j j- Henry 1 eral Assembly is the immediate exponent j mative vote a bond is also required. The weeks: he had confessed his love, and re-1 ; .m it?v ; üf lhe popular will expressly delegated j 29th section expressly repeal, all other ceived a warm pressure of the hand in ; lIo .,,,, Kv th :,! lo clothe that will with the forms of law. 1 laws on the subject of retailing spiritu-

l vko i.i. ,-i.,i ,.,.- i o i. ' ".vrr stiiTQju: uui. iui. iiunmit,

I Ytiii have sacrificed vour fortune, of course you never expected me to consent ! to vour union with ihatbegsar?' ...... u. k,.w.i, IJU UU'ill HUI IU HalC uiuuu luu.. heTP, theil, UllCle. j ht you mean girl? ni ii i n a unrip nil vi i win i ui uc ; 0 ; i.,n,i,;rim nf mV :..i.r 1. ance?" said Ameln, looking mischievous- ; . . . j Shall I put it in your hands for that i gentleman to run thiough? No; I will I maU Ar in him the sum of ten thoun " - The nrovmoni of the will . sand dolUrs. 1 he prov sioni ot the ill must ar.t snail De striciiy eniorceu. ! nudence of his "tool" . ........... r o ,. A) II 13 laU) 9IIUOIHUU, vi iuuii I nlied llenrv ' .' "By the terms of the will,' aiictricu .ftAA .ad . i i i f 1 1 a n inc. "sue roiiiii ini lnarrv ivitu--.i ; out mv consent. You diJ cnsent." "I! it is false!" "Did you no: actually engage me to1 I Up! ; j marry the lady?" The broker's cheek paled and hi: quivered. "No!" thundered he. "It's a lie." "1 have proof," said Henry quietly. Mr. Harding staggered back over -

"iou are aware ol the term oi your Other's will?" "I im,"

.... rii.-.w.- f h5c vJl.Ithe co-ordinate branches are generally

,ainv i "i'heard the whole of it ready to! . :r .,.i k ' D v u a, it Alt awuikf i uvvu uv t vvvwu Joseph Jones, TIip KniUr wnc friohtpned nt the idpa of a court. We thall meet again!" said he glancing fiercely at Henry. Let us hope that we may not meet in yonder prison," replied Henry sternly. "The plan you had formed, and narrated to me, sir, was infamous beyond expression. If I had refused to become your accomplice, another, less scrupulos might have engaged in it and this lady sacrificed by your rascality. I came with the intention of exposing all; but her fair form and gentle heart so strongly impressed me7 lh-1 ! was weak enough to use the advantage with which you had armed nie. At another time I did expose the whole scheme, your niece married me in my I own proper character, and not ai your I "eatremed friend." If I have wronged her, God forgive me?" "That was the happiest day of my life when you brought Henry to my presence, uncle," added Ameiia, laughing. The broker waited to hear no more. lie had over-reached himself, and he dared not even revenue himself, or nunish the violateJ oath. In clue time he retuclailtlv nut llenrv in possession of AmeO ' lia's fortune, and they are. now as happy as love and opulence can make them. Joseph Jones has received that V. with interest, and never has had occasion to rgret that he befriended Henry in the j. hour of need. ? .1 1 .1 1 . ' uuiiitr uaiua arc ueiier uiukcii man ueji Decision Of the Supreme Court en the Liqnorl tyliesllOlI. I Maize rs. The Statu. Appeal from! Maize rs. The Statt. Appeal from the Tippecanoe Common Pleas. Stuart, J. This was a prosecution

under the act of March, 1853, for retail-1 qualified. If, for instance, it appears ing spirits without license. Maize ad-j from the journals, wlrich are the records milted that the liquor was sold as charg-j of the general assembly, that the con.?tied. The cause was submitted to the J tutionality of the act had not been conCourt. Finding and judgment fcr the j sidered, such a tacit interpretation of the

Stute. Among the "agreed facts" are the fol low ing: The Prosecuting Attorney ad - milted that at the time of the sale, the acts of March 4. 1853, was not of uniform operation throughout the State, in this, viz: That some townships voted "license," others "no license;" that the township :n which the liquor was sold voted "no license;" and that the act in question was. at, &c, in force, so far as publication could make it. It is not worth while to inquire whether it was competent for the parlies to make admissions of matters of law which the courts must judicially notice. Counsel discuss several points as arising in the record, and which will be briefly noticed in their order. 1. Can the General Assembly prohibit the sale of spirituous liquors? This question does not seem to be involved in the case. The latest act is not either in terms or in its practical effect, prohibitory throughout the State. That it may beecome so, depends upon the happening of a particular and not very probable event. Whenever that question is directly presented, it will be time enough to inquire whether it is any longer open for discussion, since the series of elaborate opinions on the liquor cases in 5 How., 577. On this point it is not deemed necessary to go beyond the decision of Hepley rs. the State at the last term. The second point is stated thus; "Ad-

mitting the act to be constitutional. is!ol 1S53, were passed without seemingly the evidence eufficio.nt to justify the find-; a constitutional scruple. Yet most of

in of the court?" We cannot s?e why it is not clearly so. . f.:.. -,,1,: i In -.ilu if lionor :i c fhnr" .ui u. " "i" " ? ed admits every thing the State could ed admits every u,inB uie ow I hp. rniiireil to nrove to entitle her to a I conviction. It there is any prerequisite in the statute which is constitutional. and, with which he has not complied. , i . , r 1,,. 1 then is the findinc anu Huljrmeut ot tati , , ,r . common pieas luny bustaiueu. The third point is presented in these words: "Is the actof March 4. 1S53. or; so much theieof as requires it to be submitted to a vote of the people of the '.several townships, constitutional?" 1 .ilt.ar. rrA hr I j the. Courts as of serious importance. The MU.n 4uto.wn .w ft i The presumption that such a body has sanctioned enactments m violation ot .... lhe Constitution, is not to be lightly ini.. i i Ti..i .1 . ..... ;,n..rf-t nr im. mi ?eii. a r.d i iiic act. is i in i'v. . . w ; o ... . , 1 nilm,. ic nut fnmi "h. These delects, . i' "-o : snhwnnpnt legislation can amend or repeal. To brin its vitality within the ... . control of the courts, it must be clearly subversive of the Constitution. Fietcher vs. Peck. G Crunch. 87. It is not necessary to dwell on the duty of the judiciary to inquire into the constilutionality of the acts of the general assembly when a proper occasion occurs. ' 1 Kent, 41U. Ihe relative positions oi well understood and readily conceded. Bui iu the argument of this cause, great stress is laid on the practical construeHon, wlil-jh in the case at Dar, me generlion and the same argument is pressed in other cases as though it were pre sumption in the courts, composed of few members, to nuestion the correctness of so numerous a body. Were such a doctrine admitted, all constitutional questions must be"in and end with the legis lature; for the argument would be equally applicable and equally conclusive in every case that might arise. And vet there are considerations that might somewhat abate this blind respect for legislative exposition. Where the constitutional provision is restrictive of legislative authority, the construction given by the legislature, silling in judgmcnl on the extent of its own powers, could no: oe enttiiea to muni weight. To admit such an exposition as binding," says a late writer, "would be to permit the department restricted to do away with the very restriction imposed." Smith's Com. 441. Under our political economy and written consti union, Clackstone's omnipotence of Parliament is comparatively an empty fig ure of speech. i . . . .. .a -r-v II iv , Marberry rs Madison, Dallas, l.J. 1 Kent, 420. The general assembly is the

. r.i l . by the same rules as other agents; whenever it transcends its authority, its acts are void. When we further reflect on the manner in which important enactments are often passed through the forms of legislation, it would seem that our resnoit for the I . .: r . i : 1 i construction of the constitution impliedI ly given by such acts, might be profitably j constitution, even by so numerous and ' respectable a body, could scarcely be con- ! sidered of much weight, or pressed upon

mere agent oi ine pcopie, entrüsten wiiu j uon anu nuui acuon oi tue peupie, certain delegated powers. The censtilu-j To remedy these evils to restore the tion is the letter )f agency. In its ac- j State from being a coterie of small indetion the assembly is governed nub modo j pendencies, with a body of local laws

us as authority. Thus, in the present in-j or in part, is made to depend upon any stance, bill No, 142 of the House, which 'outhorily unknown to the Constitution, subsequently became the act of March 4, The words "take effect." "be in force," l&jo. does not appear to have been refer- "go into operation," 5cc, have been used red to the judiciary committee of either interchangeably ever since the 5rganiHouse. The question of its constitution- zation of the State. The "operation of

ality was not even agitated. When the chain of legislative decision is not continuous, it detracts very much

from its authority. A series of interpre- j The act in question consists of two tations by diiTerent assemblies to the same , parts the one points out the mode of effect, acquiesced in and acted upon for j obtaining license, the other prescribes considerable time, would be entitled to th- puuishment for selling without liserious consideration. But this looking j cense. The penal part of the act went

to what has been decided, a feature so beneficial in the courts, is rare in the legislature. For very obvious reasons the principle which may have been partially established by previous assemblie, is uot regarded as binding. Hence, there is not that uniformity and accumulated weight of authority, which, on almost all topics, obtain in judicial decisions. Even the two sessious held under the new constitution have not tended to fortify legislative construction. In accordance with the views just suggested, the second assembly hasthown its independence of the first. What was unconstitutional in the one was constitutional in the other. The action of the firit was not respected a3 authority by the second. Thus, the acts embodied iu chapters 21,22. 55. 5'J,

SO, J0, 91, VG, 07, 103, &c, of the laws

' these acts hail in principle Deen decided

by the previous ass-mblr, almost ntrx Con, as clearly unconstitutional. Thes-r enI actments arc referred to, to illustrate the fickleness of legislative construction on constitutional questions without intimating any opinion on statutes not judicially before us. Legislative constructions thus opposed to each other hardly deserve to be quoted as authority. If there isany prcponderence, it would seem to be with that which was more nearly contemporaneous with the constitution. The 1st. 2d, and 3d sections of the act of March 1S03, provides for taking a vo:e by townships annually at the April e'ecIon the license question; and that, without ous liquors. The 20th section declares an emergency, and that the act take rfc Ii f r 1 I . 1 feet and be in force from and after it ! n.isiflcp ::nrl nnhlicatioti. 1 1 was mibl ish - r-vw-..-- , -- . ea on the rjwi oi .wann, c , , ... , , c S53. Several constitutional provisions are 1 t 1. --I -.1.T-I.. j relerreu to, vvu.i ciu;cr uie letter or spuj it of which it is contended the act of Manh 4. iboo, conflicts. Ihus 'This legislative authority of the Stato j shall be vested in the general assembly, j consisting of a Senate and House of rcpj resentatives. Sec. l.Art. 4. "No law shall be passed the taking ef.eci oi wuica tiian uu mauc iu unpen. i upon any authority except as provided in this constitution, bee. JO. Art. 1. "Local laws for the punishment of offenders and for the regulation of county ' auu lowiiMiip yu.-iuc-b are. eprcbaiy iurbidtlen. bcc. Art. 4. "Whenever a general law cab be made applicable, all laws shall be general and of uniform operation throughout the : State. Sec. -3. Art. 4. j These provisions are all in the nature of j restrictions in the legislative authority, I A legislative construction of them fills i within the rule above indicated. The evil to be remedied by sections 22 and 23, above quoted, was the local and special legislation so prevalent under the old system. It had grown into such magnitude that counties, townships, and even school and road c istricts, have special aWS :u "the management of their local affairs. The practice of submitting enactments on vexed questions to the popular vote had obtained to some extent under the old Constitution whether consistently with even that instrument is not for us to inquire. Such was the School Law approved January, 1S19. Such also were several license laws embracing more or less territory. Ihe legislature had thus. III 'some measure, ceased to be a representaI i i i till live DOuT, ailU Wa3 gratlUUliy becoming U j mere proposer of laws for the considerai l r.t. t. like so many counties palatine, Jo what ! she should be, and was intended to be, a j nnitity governed throughout her borders ion all subjects of common interest, by I the same laws, general and uniform in their operation, the restrictions iu sec- ' tions 22 and 23 were embodied in the . Constitution. Uy the adoption of that instrument, both the honor and the responibili) of passing general lews were devolved on the General Assembly. Hence the idea of any other power to make, sanction, or suspend the laws, or to give them effect, i is necessarily excluded Let us inquire w hether the taking effeet of the act of March, 1653, in whole thc laws," as used in the 2Gth section, article 4, seems to be their taking effect ; and continuing in force. into operation immediately upon rublii cation. The provision for license did not. Uetween the 19th of March, and the April election, no license could issue in any part of the State the bond and the affirmative vote of the township being both essential. Had the people of each township voted "no license,' there would have been no operative license law in the State for one year from April 1S53. And had the peple so voted every year for all time to come, that part of the act relating to license could never have had any foice, effect, or operation as a law. So that the taking effect of the act, or so much of it at least as provided for the ijsue of license in other words, whether there should be any power lo issue license, was made to depend on the vot ' a

of the people of each township.

I