Richmond Palladium (Weekly), Volume 25, Number 48, 15 November 1855 — Page 2

RICHMOND PALLADIUM.

Thursday -Mornins,: :.oTember IS. 1853. JtitSyc Perkins oo the Prohibitory Law, la this number of our paper, will be found a part of the opinion of Judge Perkins of the Supreme Court in a liquor case. The revvxiuder of the opinion will be published next week. It ia inserted at length in our paper. to the exclusion of other matter prepared for this issue, so that we may not be charged with a disposition to misrepresent tbe Judge in any comments we may hereafter see proper to make in regard to it. It i also, the more readily published, because its own inherent weakness wiii defeat the objects tie author had in view. It argument, if any thing in it deserves to be dignified by that term, bay all been answered a thousand times, and refuted to the satisfaction of millions of people. It i-i but. the rehash of pot-house and political slang. We have no room to refer to it now n we desire to do, nor to characterize it as it deserves to be; but we hall hereafter make It the text of many an article. Should this decision of one of the Judges, Le sustained by the whole court, well may the land mourn for the infamy of its rulers. We copy the following remarks on this decision from the Indiana IiepuUiean. An Kstra-Judicial Opiuinu. Judge I'erkins, solitary and alone, has done that which has kept the whole Supreme Court at their wits' end for months, and wbich split the great Democratic Convention in August la.it, when one part dodged an expression on thfl Temperance question and another part came near blowing their brethren hky-high for their shameful skulking from their principles. The Judge is determined to be head and front of the Court. Last summer ho endeavored to call the members together to make a forced decision on the law for party purposes, but failed. lie now takes it on himself to declare the Prohibitory Law unconstitutional, and in doing this, seems to p k by authority, according to the following item from the Sentinel of this morning, which read-: "The Prohibitory Liquor Law ov Indiana decided ux-Cxstitutional. Herman vs. Slate of Indiana; habeus corpus. Herman, w ho was yesterday arrested by Constable Gott, upon a writ issued by Ksquire Wet be, for vio1 ttioii of the Prohibitory Liquor Law of Indiana, was brought up on a writ of habeus corpus, before Judge I'erkins of the Supreme Court, who discharged the prisoner on the ground that the law under which lie was arrested was unconstitutional. Judgo Perkins opinion iu tho case will be given in a few days'. '-This decision of Judge I'erkins virtually nullifie the Prohibitory Liquor Law of Indiana." So it appears that Judge Perkins in the plenitude of his legal powers, has not only decided fr himself and his coadjutors, but he has decided Ae aw unconstitutional not any particular clause but the whole law. He has made a clean sweep. How he can do so in vacation, '"by himself," as the juveniles say, is more than novices in such matters know. At any rate ho has "done it," and now let every man "pitch in" to tho brandy smashes, the k'm cuck-tails, the stone fence, and all those delicious beverages, t his stomach's content. A Text foii the ciiArtiiv ok the know KOTiuNoa. "If a stranger sojourn with thee in your land ye shall not vex him. j "Rut the stranger that dwelleth with you shll b nnto you as one born among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt. I am the Lord your Gt.d.' Leviticus xix, S), .14. We clip the above from the Jeflersonian of week before last; and, for our neighbor's edification, we suggest that he read and com-; pate the following verse from tho same old Book ho took the above text from. Were tc ; the individual he so much desires to hear on j this subject he baa selected for a discourse, ' our sermon would be limited to this quotation; ; for it seems to us, that no better plan could be i .adopted than the one therein pointed out, to ! vex."' tho strauger, and make him believe he; was net as one boru among us, and that we did not love him asourself: "Ye shall not eat of any thing that dieth of j itself; thou shalt give it to the stranger that is in they gates, that he may eat of it; or thou j may est sell it unto the alien; fur thou art a hoiv people unto the Lord thv Ood." I Dent, xiv, 21. " j We do not wish to be considered irreverent; but if the first text is to be construed into a1 reproof of the American party; surely the above is a fitting answer, and all that could be srdd by any Chaplain, would not shed much more light on the "vex"ed question. History, however, tells us of a sermon once preached by a great "Chaplain" of the Democratic party, which will bear a repetition. The same history does not say that he Ux.k the following text, but it is fair to infer that he did from the sentiments he advances and the arguments he adduces. It is this : ! -Remember, O Lord, what is come upon u; consider and behold our reproach. Our inheritance is turned to strangers, our houses to aliens." Lam. v, 1,2. The sermon is as follows: "It is for tbe happiness of those united in society, to harmonire as much as possible, in matters which they must of necessity transact together. Civil government being the sole object of forming societies, its administration must be conducted by common consent. Every species of government has its specific principles. Ours, perhaps, are more peculiar than any other in the universe. It is a composition of the freest principles of the English constitution, with others derived from natural right and natural reason. To these nothing can be more opposed than the maxims of absolute monarchies. Yet, from such are we to expect the greatest number of emigrants. They ic& brin? vitA them the principles cf the troverntnentx they leave, imbibed in tlieir early youth; or, if able to throw them off, it will be in exchange for an unbounded licentiousness, passing, aa is usual, from one extreme to another. It would be a miracle were they to stop precisely at the point of temperate liberty. These principles they will transmit to their children. Ia proportion to their numbers, they will share with us the legislation. They will infuse into it their spirit, warp and bias iu directions, and render it a heterogeneous, incoherent, distracted mass." "Remember, O Lord, what is came upon us, consider and behold our reproach. Our inheritance is turned to strangers, our houses to aliens."! In conclusion, said this distinguished "Chapbun; "I hoc We BUT find ftorrtA m no ,n shielding ourselves frees foreign influence

political, commercial, or in whatever form it may be attempted. Itruh there teat an ocean j of fire Uiween thi end the old teorld." j Thus preached the "A postle of Democracy." THOMAS JEFFERSON.

Please copy, Jecmes? Cosvestiox or Republican Editors. A call has been made for a convention of all the Republican Editors in the state, to be held at Indianapolis on the ICih December. We have no doubt that such a convention, would be productive of great benefit, and heartily ! second the call. There should exist not only ' a mutual perional good feeling among editorial , , . ,.?., ,! brethren of the same pojacal faintly, but j harmony of action, which cannot well be se- j cured except by a social interchange of views. I ! j Election Return. . I M !U cut'STT. T he American ticket wasj elected in tLL State by large majorities. Xtw York Aceordin-r to the fibres in tbe j Tribune, lleadley's (K. X ) plursdty for Secrttry ; of State is 1 3,050. Tbe New York Express makes the Lgislt-e stand as follows: Seiate, 13 ! Americans, 13 Republicans, 3 Hard aud 3 Soft ; Democrat, of all shades. Neither party wiii Lave a majority in either Senate or Assembly.- j , j. j- ..t n i iOne bunrdred guns were fired in the Park on Fn- , . , . . . , ... day by the American party, in honor of their re- J cent victory. j New Jkkskv. The returns received of thelate; election in New Jersey do not Genre up much of' a Democratic vktery after In thirteen coan- j ties the Democratic majority is odIt 1,675. In 1833 the same counties pave 5,222 majority on j that side. Had there been a full vote thi. year, , .. ... . , me uemorrau roum save oeca oeaten oaaiy. Of the mcut'irsklected to the Legislature, 31 are , ... - Democrat, 19 are WLigs, 9 Americans, and 1 Temperance. Democratic majority 2. Tkat's all. Wist oxsix. The election in this State has been very close. It is impossible from tho returns received to say which party has been successful. Marti, as p. Tke American paty in this State have gained an overwhelming victory. Their State ticket has been chosen ty a very large majority, and iheyjiaye turned every Congressional dLlrict gave one. 'ST&ryUuid will be represented in the next House of Representatives by 5 Americans, and 1 Whig, Mr. Bowie. The House of Delegates is composed of 74 members; aa far as heart! from, 4! Americans have been chosen, and 7 Democrat?. Missiiisiri-i. The Democratic majority in M s eissippi is about 4000. fur the Palladium. There's something rotten in Denmark. I think the same might be said of Indiana applied to the supreme bench; for of late we frequently hear it asserted that our Prohibitory Law will be declared unconstitutional. Should this prove true, what a scene of desolation and woe would again be presented to our view! King Alcohol being foot-loose, will again run riot through our beautiful State, Mowing the seeds of poverty and wretchedness in the bosom of many, now prosperous and happy families; and many a young man, the hope of the family, and pride ol the social circle, around whom cluster all the comforts of home and friends about whose future bright prospects of honorable usefulness seems waiting; and who hopes for eternal happiness beyond the tomb, safe, whilst temptation does! not beset him on every hand, will fall victims ! to the rum-fiend; and fanally, after a miserable and transitory existence wretched alike fo ! himself and friends will sink into ad run karu grave unknown, almost unwept, just iieavi . a- . . en! in thine omnipotent goodness forbid! , ... . i i . , nd conviction to the hearts of those who thus would, for paltry gain, tamper with the j souls of men" Rut are not the people themselves culpable for their lukewarmness in the cause of Temperance, since the passage of the Prohibitory Law? They certainly are. How inert indeed they have been! Instead of keeping their armor buckled on, ready to battle for the sustaining of the Law, they have laid it aside, thinking that the Law would sustain itself. Instead of assembling together to consult as to tbe best means of upholding anil enforcing the Law, not even the standing notice of, several weeks in the J'alladium, and the cir- j culation of hand bills, staling that distinguish-j ed speakers would be present, could "call ' out" two dozen of the friends of Temperance in uichmondl On the other hand, the opposition have been holding conventions, determined on the "unconstitutionality" or "repeal" of the Law, and have eena'most succeeded, and now, too late, the friends of Temperance see their Jfatal error. If the Law be declared unconstitutional, the battle will have to be fought over again, and the constitution so amended as to prevent the possibitity of a similar occurrence by the ac-i tion of a "rotten" ("Rot" and "corruption" are synonymous terms) Supreme court, in league with liquor-dealers. But ere this can be done, how much of evil will have resulted, t. . i j v.. .1.. . t-.-.i. can niT ue juu-eo uv me j.si. at uU an exhortation to the people, "Never be weary of welldoing." I close. M. X"The last number of tbe Deseret News. ; received at this office, contains an account of' the origin, success, troubles and triumphs of the latter day saints. Ihe writer computes

the number of Mormans in the old and new be to a"n agent of the government or by such world at -180,000. Since their settlement by a,rent for medicine, tic. " I the Great Salt Lakes, they have prospered, anil 3. That no person in this State shall drink ! have received accessions from all parts of anj whisky, beer, ale or porter, as a beverage, : Christendom. One thousand Danish Mor- j and in no instance except as medicine. " mans are expected to arrive in Utah next sea- j I thus appear9 thit th lw absolutely for8on- , , , , , , , t bids the people of the Statu to manufacture ; ,..?? th I3 ?f Sepbr n ex- . aaJ 5ell whisky, ale, porter, and beer for use hibmon of fru.t at "tNocial Hall." under the , as a beverage; or at all. except for the govern-! supervision of the Horticultural Society of. ment to bv it for medicine, &c,; and; Great bait Lake city. k oh-lbits absolutclv the use of those articles j JNe quote the fodowing: i b the people as a beverage. ! On Thursday last a few thousand milhon '' r 4. , , . . re I grasshoppers descended in the settlements in' . The exeepUon as to the adm ssion cf forihe north of Utah county, destroying every Sn hquors under the constitution and laws ! Creen thing in their wsy; the last rrospec't 1 the L aited tes, wdl not be noUced. for , for bn.d in that region is therefore suddenly reaoa that the ar d.l"td U'l snapped assuadcr. ' i hT ca0- be prohibited, and no. in , BUhop Evans on Sunday informed us that : ccord.nc with the sp-nt and policy of the they were continuing their' ravages when be I ttAt ttut;nd which foreign hquorsmay or ; left Lehi tbe evening previous. ? obtained here according to the; The Hon. Esra t. Benson informs us that contingent action of other powers; and for the the county of Tooele is also visited by a sim-: ftt,rtbmr riOD- admission if c.aim-

ilar Blatnie. c.ttin? off the last ray of bote for the farmers, as about forty grasshoppers t - . . - , t wo.t t St!k of v:iU

destroy the silk first, which prevents the ear' doubly objecUonable, for. while, according to, from filling and entirely destroys the crop. , vsew-th U de5?,?ns & use ! even if they remain o- patch but a short ;f as a beverage u prohibits the pvo-j ,j 1 1 J pie from manufacturing for their own u. j . ... - ; It is as if the law were that the people might Thk PaUESiDKsrr's Cabiset. We are in-1 eat bread but should not raie tfce jTain and formed tht fierce dissentlons exist in the Cab- j grind it into flour wherewith to make it. I: J inet, and that Mr. Marcy has laid down his would be an act to prohibit the people from ultimatum, that if dishing is not turned out, themselves producing; and to compel them to j he himself will resign. Cushing has been the ; purchase from abroad what they might need j cause of nearly all the false steps taken by ! to eat and drink. It would involve the prin-) General Pierce, and his riddance would be j ciple of an act to annihilate the State by starvno loss either to the country er his associates, i ing the people constituting it to deai; and! Pitfd2jJJ Suk. tuwh legislation would hardly comport, we '

Habeas Corpus before Jodye Perkins of the Supreme Conrt.

HERMAN vs. THE STATE. OPISIOS Or THE JCDOE. Herman was arres'ed upon the charge cf having viola'ed the liquor act of 1855. II obtained a writ of Habeas Corpus, pursuant to which he is now brought before us a; : chambers with the cause of his detention in 1 custody. i His counsel moves for his discharge on the ; ground that said liquor act is unconstitutional and void. The case is submitted to us upon the arguments heretofore filed in the Supreme Court ln the case of Bebee. j We regret that this question r as been thus presentcd to We had hoped that these aP-1 plications would have been confined to tbe in- j ferior court till the Supreme Court had deci-1 ded upon the validity of the law in question. ' But the legislature, acting, as we think, I w;th;Q tfce constitution has coaferrcd opon the ! c;tj2en th right of suing out the writ of hafceas corpus from the judges severally of the J Supreme Court; the right has been exercised j in this case, and it is not for us, upon slight j pretexts, to shrink from the discharge of the , duty. thas. a we cannot, indeed, but believe j injudiciously imposed upon us fc Ca1 onoth sldf 8 ncede ln. . that the record presents the question ot the, r ,r , t., n j i ,1,.. I validity, of, at least, what is alleged to be the ' prohibitory portion of said liquor act. and that j qUestjon yff therefore, without iajury upon ' the point, be considered. " j Ve approach it with all the caution and so-! licitude its nature is calculated to inspire, and j that intention of careful investigation its im- j portance demands, feeling that the consequen - , ces the principle, we are about to assert will not be confined in their operation to tins case i , .. . . ,. faione. I reuminary to uie uiscu liscussion of the ; main questions involved, however, the course of argument of counsel requires that we j should say a word by way of fairly setting forth the duty this court has to perform in the j premises, viz: the simply declaring the con-, stitutionality or unconstitutionality of the law, ; with an assignment of the reasons upon which j the declaration is based. It will not be for us to enquire whether it j be a good or bad law, in the abstract, unless j the fact, as it might turn out to be, should be- j come of some consequence in determining a ! a doubtful point on the main question. It not unfrequently becomes the duty of courts to enforce injudicious acts of the legislature because they arc constitutional, and to strike down such as, at first view, appear to hi ju-; dicious because they are in the conflict with , the constitution. With these remarks, we proceed to the cx-1 aminalion of the feature of the liquor act of: 1855 now more especially presented to the i court. We shall not spend time upon the en- j quiry whether, on the day it came into force, : there were existing unsold manufactured pro- i ducts in the hands of the distillers aud brew-! ers upou which it operated, rendering them, valueless, or whether such products had all been disposed of between the passage and ' taking effect of ti e law. We shall direct our ! investigation to the character of its operation ; upon the future manufacture, sale and con-j sumption of intoxicating liquors. And, i 1st. Is it prohibitory? j The tirst section enacts "that no person shall manufacture, keep for sale, or sell" any j "ale, porter, malt beer, lager beer, ciJer," . wine, fec. The second section permits the' manufacture and sale of cider aud wine under certain restrictions, by any and all of the citi- j zensof the State. " ! Other sections permit the manufacture of, whisky, ale, dsc, by per purpose, so far as may b ;rsons licensed for the ; be necessary to supplv . . . - t-r whatever demand certain persons called. j county agents, may make upon them. These , . . .... ! agents arc authorized to sell for medicinal, mechanical and sacramental uses, and no ' other, and may procure their liquors of the licensed manufacturers, but are not required to do so, and, as matter of fact, do not. but obtain them, in most cases, from abroad. : They constitute no part of the people engaged . in business on their own account, but are ap- i pointed under the law by the County Com-; missioners; supplied with funds from the county treasury; paid a compensation for their , services by the county; sell at prices fixed for 1 t. '. C ... J 1 , e I business for the public treasury and not lor themselves. We say they are furnished with public funds. They are so in all cases; for when thev. ia the first instance, invest their mem, ttau xiiaiko tne ptuuis ttau tuuca vt utc i own, it is by way of loan to the county at a fixed rate of interest, and the amount is refunded by the county with interest. These selling agents, then, are, and for convenience may be denominated government agents; for it is all one in principle whether the govern-1 ment creates and furnishes them with funds , through the medium of the counties, or appoints them directly by statute and supplies j them with funds from the State treasury, To ' ; express, then, the substance of ihe main provisions of the law, they mar be paraphrased: j bus: ' j Be it enacted; 1st. That the trade and busi- j ! ness of manufacturing whisky, ale, porter, i anJ beer, now and hereafter carried on in this ' . .. . ; state, snaU cease ; except that any person specially licensed to manufacture for medicine. ke. for the government, may do so, and sell j to that extent, if the government should con- ! elude to buy of such person, but not other-; wise. i That no person in this State shall sell any : whisky, beer. ale. or norter. unless the sale i a lo P" u'e Jecl nu P?"c7 tu luc State liquor law, in order to supply the pe-j P wuh ll,luor M beverage, renders the law

thick, with a consti.titio-j established to promote the welfare-! prosperity of the people. We assume it as establi.he J, then, that tl e liquor act in question is absolutely prohibit rv of the manufacture, sale, and ue a beverage, bv tb people of his S-a' of w!.i.ky. ale. porter and been Tbe opinio. i i as b-en a:l anced that the maaufacturs for ale u. of the S a e in.t pr-.ihibited, but it ha rot thr feub-tanee of a shaiow; an! the mo-aiity ot that law which prohibits the distribu i -n o: pauperism and crime, disease an I detdi, a:' home, but permits them to be . -u-.; among: our neighbors, i Jit to be e:n lei. . And we may as well rema. k her- a- an r w :.e: t- ; that if tlie manufac n-e an J ta'.v .' th e u j

c:es are prtj.K.-r to bi .in it J oi for any purposeiti Comt'etetlt government to take tne &u.-ii:tis iit-tn ineptot,T.. or, TTirtnnrn!is it. The government can-

not tarn druggist and become the solo dealer J 7 says.- -We have said thai the only p visia medicinesin the State. And why? Because. ; l''ns the Federal or S:a e Cucstiiutior: rethe business was, at and before the organiza- j strictive of the power of the leaislature," 4c. tion of the government, and is properly at a!! : "are," tc. There are ceitarn absolute right, times, a private pursuit of the peopie, as much ! and the riglit of property is among tiscm. so as the manufacture and sale of brooms, lo-! which in all free governments m ut of neeesbacco, cloths, and the dealing in tea, coffee and i fuJ he protected from legislative interference.

rice, and the raising of potatoes; and the government was organizea to protect tne peop! T. r . u.. .4: such pursuits from the depredation of . . . , , jr.' J i . r . i - poweriUI ana lawless rauiiuui.s, ii.e uarons of the middle a es, whom they were too weak to resist single-handed by force; and for the government now to seize upon those pursuits is subversive of the very object for which it was created. "A government is guilty of invasion upon the facilities of industry possessed bv individuals when it appropriates to itself a'particular branch of industry, the business of exchange and brokerage for example; or when it selTs the exclusive privilege of conduc - ting it." Say's Political Economy, note to p. f 34. " There are undertakings of a public charactcr such as the making of public highways, providing a uniform currency, tVc, that a sin - gle individual has not power lo accomplish, and which government must, therefore, prosecute; but they are not the ordinarj pursuits of the private citizen. These, certainly as the general rule, an 1 we are now prepared to name an exception, the government cannot engage in. This is all we shall hereay upon this point. Time and space forbid that wo should e!abo - rate all that arise in the case. The question now presents itself, Secondly. Could the legislature of thi Stt enat thi nmhihitorv linnor law under

consideration? quoted cannot be taken for law, and could not i Few, if any, judicial decisions will be found i ,1!ve been so intended, iu an unlimited senses i to aid us in investigating this question, as no ; b7 tne learned Judge who uttered it. The such law, in a country possessed of a judi- j legislature cannot declare any practice it may ciary and a constitution limiting the legisla-; deem injurious to the public a nuisance and , live power, has, till of late, been enacted. ! punish il accordingly. It cannot so declare ; Some twelve hundred vears ago Mahomet '; tiie reading of the Bible, though, perhaps the made -uch a law a part o'f his religious creed government of Spain once did. It cannot so in opposition to the Jewish and Christian j declare the practice of worshipping God accorsvstems which recommended the moderate, j d'n to the dictates of one's own conscience, but forbid the excessive use of intoxicating ; though perhaps Massachusetts, in the days of liquors. This law of Mahomet, Koran, pp. i Roger Williams, did do it. It cannot so de25 and 93, was perhaps the first prohibitory j clare the practice of leaching schools, though act, but it does not appear to have been ad op- ; perhaps Virginia might have done so in 1674, ted bv civilised rations Hf its I tte revival in ' when Governor Beritly wrote from that colony: some'shapc or other in one or more of our sis thank God there arc no re- schools nor ter States. Hence, it has not often, if at all, ' rintinr;; and I hope we shall not have these, as to this point passed under judicial consido- hundred ears; for learning has brought disra!j,(rl j obedience aud heresy and sects into the world.

A number at European writers on na ural. nublic. and civil law are cited bv counsel on behalf of the Slate 'o show the extent of le'ns-

lative power; but those writers, respectable. I ,jf political meetings and making spe-eiies. able, and instructive upon some subjects as bearing of arms, publishing d newspathey are admitted to be, are not authority here PI S- - however injurious to ti e p ibupon this point. They are dangerous, indeed, he the legislature mil.t tleem such pracice. utterly blind guides to follow in searching for to be; and wh? B-cause the consti ution the land marks of legislative power in our free , forbids such dcclara ion acl puiii-iiiivnt, and and limited government; for they bad in view permits the people to use il.c-e practices. So when writing, governments as existing when ', wjsh property; tbe leisla-utv ci t interfere and where "they wrote; under which they ; w'ith it farther, at ail even's, tl.au iheconstilived and had been educated, and which had ' tutioa permits. In short the legislature canno written constitutions limiting their powers I"'t forbid and p inish tha wloeii the constigovernments, the theory of which was that: tution permits; and cannot take from the citithey were paternal in character that all ptiw- that which the constitution says he shall er was in them by divine right, and they, ! have nd enjoy. If it can. then we think that hence, absolute; that the people of a country w" admit that the constitution is worthhad no rights except what the government of less, the liberties of th-i people a dream, aid that country graciously saw fit to confer upon , our government as despotic asany on earth, them, and tl at it was hisdutv, like as a father S Ar"l mJ here remark that the legislatoward his children, to command whatever it i Ul" can JJ nothing to its power ovter things deemed expedient for the public good with-'by declaring them nuisances. A public nuisout first, in any manner, consulting that pub- ;ce is that which is noxious, offensive to all lie. or recognizing in its members any indi- j the people who may come in contact with it; vidual ri 'hts. iand the offensive quality is in the thing itself. Indeed! the discovery of the great doctrine !or.e particular manner of its use and it is of rights in the people as against the govern-: n.th -increased nor dim.nished by a legtsment. had not been made when the writers declaraUon. W hat the legislature has above referred to lived. Such governments a r,?l h? tho constitution to prohibit and as those described, could adont the maxim Puntsh even to l.b.e forfeiture of property, it

quoted by counsel, that the safety of the peo- ; ""V ..,t4 pie is the supreme law. and act upon it; and U,r a " and whatever it has not aright beintr severally the sole iudres of what their prohibit and punish, it cannot thus deal

safety, in the countries governed, respectively Wlla eyea ul uSnu nrst nx upon u mat oairequired, could prescribe what the people ; ous name- r He legislat ure has should eat and drink, what political, moral PowLer Fhaps unlimited, over the public nr... ti, .Ks.,.U l.ia,. i .highways. It provides for opening, repair-

and punish heresy by burning at the stake. ; ln? anl vacating them. They are not the all for the public good. Even in Great Brit- Pnvat PPr7 of the citizen. Tne legislaain. esteemed to have the most liberal con- ture- therefore, may declare what obstructions , stitution on the Eastern continent. Magna ma? Permitted, and ! wbat removed, wheth- ; Charta, is not of sufficient potency to restrain r th.v be. ln ffctr nces or no . So w.th the action of Parliament, as ih.e judiciary do ress, relation to the national highways j not, as a settled rule, bring laws to the test of . Sor commerce. These are public for purposits provisions. Laws are there overthrown : es navigation and arc perhaps, completely j only occasionally by judicial construction. under lhe legis.a-.tve power s the legi.la-j Bui here we have Written contitutions which ; ture when the practice was to lic ense houses ; are the supreme law. which our legislatures for the exclusive r.UiI of spinous liquors. .

arp sworn to surrtort. within whose restnetions they must limit their action for the public welfare, and whose barriers they cannot overleap, under any pretext of supposed safety of the people; for along with our written constitutious we have a judiciary whoe duty u;, ... ;f..,nr;n.t.ol.. pie safety from legislative aggression, to annul all legislative action without ihe pate of those instrument". This duty of the judicial de - partment. in this count y, was demonstia'ed by Chief Justice Marshall iu Marberry t. Madison, 1 Cranch 137. and has since been reco-nized as settled American law. The maxim above quoted, therefore as applied to legislative power, is here without meaning. Nor does it prove the power of the state legislature to enact the law in question, to show that the Supreme Court of the L'nited States has decided that it cannot declare such a State law imperative, for that court can only declare void such state laws as conflict with the restrictions imposed upon Sia power by the Constitution of the United States; and if. in that constitution, the Srates are not restrained from passing laws in v iolation of tbe natural rights of the citizen, the Supreme Court of the United Stales cannot act upon such laws whn na.sed. becau-e they do not fall within iu jurisdiction. Hnce. that court has decided that a Srae may deprive i"s ci'ixens of property without making compensation, and of the ritrht of trial by jurv: !- n y. The Mayor, Ac , 7 Peter 2 1 ; mav p-s laws depriving them of vested rights iu prop erty, an J of th benefit of iulirmen' tl.ev r:ay have obtained in courts, and the like; Ni er lee y. Matthewson, 2 Peier 380, and the 1. cense cases in 5th Howard 504; and no re j - j -. - dress be obtainable ia the United Slates Courts ' because there are no provisions in the United ; States Constitution prohibiting tbe passage of; such Sute laws. Bat the Sapreoac Court cf

thi- State has decided that, tinier our S:at C-'nu:uf! 'tt. the lg:s!jvare cannot enact a l-w for i t.iiing o: private propi-rty w;tbu;i

an not Gej i by jury, f. ot a c k. 4:h In irtv e ci isen r.f i!;e ri rht of 2.1 set :i-.ide tie judgment V-.ting v. T'.e n:- B.irk. iloCosa.i k v. Lv'atet.. r;. dre I? 3 1. 1st X: l: i e v. . ;...;: it d-es not. thtsefore. re con ! u ton ( tt.e t prohibit S.a e i ion nghts lj t!. CI l-n. -'! Fi.e cii'H i u lo o .... : but t'.nt .f t'm- '.V.: M A ', I -. ! I o th: .-i i e fi'-i' a : i i . I. ;.i t ;!:. ? uo... ,t. , H fdrews v. 1 . . l'rW15.a ki. 47: irrespective or constitutional checks dc guards Should we find, however, in the Course of this investigation that the constitution of our free State does in fact, sufficiently protect nat- j ural rights from legislative interference, as it surely does or it is grievously defective, it will not become necessary for us to enquire whether. ln &nY event, it might be proper to till back upon the doctrine above so unhesitatingly a?- j ; serted. j j Does our constitution, then, prohibit the i ! passage of such an act as that now being con- ! sidered? A dictum is quoted by counsel from ! j'e opinion in Reply The State. 4 IndJ 1 Ftep-, 261, that "it is competent for the legis- I lature to declare any practice deemed inju- j j 10 the public a nuisance, and to punish j j it accordingly;" and hence, it is reasoned, any ' (property; but dicta, as counsel well know,; i ' ucs5ru iw, arc, m laci. generally j unconsidered first impressions which, all legal experience proves, are thrown out by all ; judges in giving opinions, as habitually and thoughtlessly as violations of the constitution ; are perpetrated by the legislature iu enacting ! laws, and infinately more excusably. Scarce- ! y an elaborate opinion is written not contain''n? them. This the profession well under I stand, and hence arc not misled by them if .erroneous. ' -nd 'l must be manifest to every one, on a ' moment's consideration, that the doctrine iust 1 .arid nrnititiir lias divulged them, and hh g lias ed li.eni. ant eis :traiiisi ih best -r,t riiment. Go 1 ki-et us i from Inch It cannot, so declaru the ho'.dm . . " . . . ties at particular places, could impose condilions upon which the license should be grant- j ed, and could make the violation of the conditions caue of forfeiture, whether it was! such as rendered the retailing house a iiuia- ' -. - I l .1 :. i - i auce or itoi, ana w lie Liter u wit so ueuommae ur DtJ- jimr1, J . . j ; X" It will be seen by the fallowing list o j (premiums to be awarded a: the January meet- ; of theStAtc. tht we are t,haTe a , . '. . , , ; le I a.r at tha: time, intended, we judge, for , the particular benefit of fruit, vegetables, dec, 1 for winter use. ! At the same meeting will be awarded the premiums on Essays. LIST OF PBEnil IS, tat fee Awn rated ait the Winter yieetinx f take ute Beard ef l(riCBltnre ami laeliaiBapalia Jan. IO, I.6. Best specimen dressed beef, 823 Silver Cup Second do OO llutton do Poik 1 J d Best Second Best do do do do do do 23 !0 T) 1 10 S3 do do d, do do Second Best Second 15et pir d reSecond LU ; S-; n I tt--do I Turky Set Te'poons 5 t.0 uo do do do do do 5 ! .") ti 5 : ! . ian.I. -5 io Packs ;cr i s.r BrrS iaa'if doZ do tOlM le t d Suar t FKUITS. ' Second do Best general collection NViuUr Fruit Second do do Best twenty varieties Winter Apples Second da do 20 S C 10 do 20 do 10 do

: mr IKiia Hut tt- i f K .-. t ti.ot rfAso n r t Y a o t

a i J da di do :r c. I Jdo 3 5 t s i s s 10 S C j s S It" s:lv'S ci:p 5 si-: Tea sp i-..,;iv..r,;. , o: .. f-v-.-.:d ! . . . - . .. ! . v '- 1 : oap t; -1:. Ul. ti v . It i.- i ie c liee-e tivni otse L.:iV K's GRAIN. Best one bushel White Wheat 2d bet do do Rest oao bushel Rd Wheat 2d best do do 10 stiver cup ., , . er Rest bushel Wheat, without refer ence to color Rest one bushel White Corn 2! best do do Best one bushel Yellow Corn id best do do o . :i-. lu silver cup r r .. IU silver cup Best bushel Corn, of any color 2 ) silver cup Best bushel Oats 2d best do Best bushel Barley id best do Best bushel Cloverseed ',d best d Best bushel Timothy Seed 2d best do Best bushel Blue Grass Seed Best bushel Orchard Grass Seed VEGETABLES. Best general collection of Tabic egetables 2d best do do ; Best bushel Irish Potatoes ! 2d bos: do do , Best bushel Sweet Potntoes 2d best do do j Best bushel Carrots i Best half bushel Onions j Best half bushel While Beans j Best three Winter Squashes i Best half dozen Cabbages j Best twelve heads Celery j Rest bushel Turnips i Best throe Pumkins 5 3 5 5 set tea sp 5 set tea sp 3 3

ten ! St-cou I do Besttlve do Second do L'.est single vnrictv N-cor. 1 ' ,?. -: '.. n ,,:.k. .ies W S-- "1 . tiet (; S-cond J

AH articles entered for compeiion for any j and that, in the confidence of his friends, of the foregoing premiums, to be the prodc.c- i It is under these circumstances that the lion of the exhibitors; and all entries to be Free-State Party commences its winter cammade, and articles arranged; by 12 o'clock, paign. 1 should not have entered into these Thursday, January Huh, 1856. particulars, but for the fact that Lane's name It 1s requested that all competitors in dress- will go forth to the world as a prominent ed meats should present the live weight of the leader of the party, and, where he is known, animals, and their net weight, showing the per , materially shake the confidence of the good eentae of loss in slaughtering, together with ' men in its integrity. Let it bo understood that the kind of food and lime of feeding. Ry or- all the pound, patriotic Erce-State men who der of the Execuiite Committee. i take part in the movement, disclaim his lcadJOSEP1I ORR, President. ership; he is now only tolerated. While we

John R. Dillon, Secretary. Irnii.inajMjis, Oct. 22. 1855. N. B. All papers in the State friendly the causa ot Agriculture, arc requested give the foregoing a cotispicious insertion. irTh.- State Seiitiuei save, that Gov. Wright' has taken steps to Ust the coiistitutionu'ity ot A s-late iTr Hitherto our Sou'hern brethien have been unsparing in their dcir.nrciaMon ..f Km: ; oTii.ii Aid Sot ieUcs formed in iie New Kngland and other free Sates lor the pirpo-e ot selling Kansas and Ni biaska. Ti.o. who have tpt-en iiisirumeitial in i;ei'iii Ti.rrii up hive been called all the hard nam.-s f Mni-hcd by tie English vo'-ab.il tl y , and soiuc. suspect -e t at being connected with such orgauiz.t'ioti :-vmp.iliitsiiig in the 1 MMt ivivi. I.,.r niur.! smut ami i iirjos. been murdered in Kanzus. whiUt !c.-i s ha bveti grossly maltreated, and driven out oi the terriiory with the emphatic declaration that if ever agaiti caught in it they would be hung to the nearest tree. A change, however, seems to have come over the South in respect to this kind of organizations. True, they have not modified their denunciations of the North, nor do thev seem to have been molified in their feelings towards .i il , , , o . the people who iro from the free States to the new territories, but they no longer look upon "emigrant aid associations" as. in themselves, . ' , ' Aery outrageous wings, un me contrary they appear to regard them as praiseworthy things and have really commenced the formathe Contrary

lion of them in their own section of the Union. ; Moira Antiquea, The only difference that we can perceive be-i ""latn Bak S'lk tween those heretofore so bitterly denounced i French MerVaoea by the South and those they are now engaged : Faramettaa, in forming themselves, is as to the objects to! Fro-ch All wool Ut-UioM. aa igu i ... t . i . itock. Price 14 to 26c. be attained; tbe former propose to extend and 1 Ameiicao. EolUh and Trench pricta, price fra advance the cause of Freedom, whilst the 6 14 c upward, latter seek to extend the institution of Negro CLOAKS, HT-1"!" i , i ; A moat elegant variety; Velvet. Cloth and TriaV e have now before us the proceedings of, minga for Cloak; a meting held at Augusta, Georgia, a short i II'JOS time since, for the purpose of organizing one Btoch ,nd R,y vtlt, sbawl,, at lower prieaa t of these Slavery-extension Societies in which, ' erer before oflered. it appears, most of the leading men of the j Embroideries nnd Laces, county participated. A constitution wasadop- j GLOVES AND HOSIERY, led, officers chosen, and a thorough organiza- jrtc jr. tion effected. The second article of the con-' ... .... . . . ' " . .. , . , ,, We coratatly invite to a tine elimination of eur Siltufion is as lol.ows: i ,tocij which be fo-jnl gre!r io entant, 1 ART. 2. The objects of this Society shall lower pricei than any oihr Houae ran o?fr. be to raise mon.y, by voluntary contibutions, j yovhyr 1 lws. UILUM 'b. for the purpose of aiding reliable Southern- - - -- - men, who are attached to Southern institutions, It AM A U Al , in emigra'ing to Ktnsas Territory. ( the 3 Hh nit. f.-or. th. .obewibw. (r fls-y

If.thfcrefore. the .nth donot keep up With Sute Penitentiary,! Kitey Wood, njej 17 year., the N orth in the settlement of Kansas, it will ni boni by the prnprrautbontie .f tte tVayn eooBb f.,r fhp xennt of t!. Pnpr.-v artrl r-ntprrtrSat , h.a!,a' " t.prrenti. I f'ireaara U perton

ji Lite want vi wt.eeKery itn eit ict uriav u m. a'l j i;o-. ueeause irtev are uruoseu this mode of increasing the population of that territory. Pqua Ii'jilcr. Special correipondtiDt of the X. V. Daily Time. Mare I'nloe Friend to kait.n Colonel I n- x i .1 Ilia l'nliri-TS.. I aianairn F'nlrlv Opeued. Kansas, Friday. Oct. 20, 1E5, Sir.ce the reverses of the Pro-Slavery Party in Kansas, brought on by its own ontrage - ens and illegal coure, the Free-State men are exposed to a danger of a different kind, almost as grea'. It has been for some time a settled thin rr tlit if tbe rw-onl of the Nortli and Congress do half t sr duty, the fear Kansas becoming a Slave State is unfounded This "his convention has operated favorable to dd to the numbers of the party; but in doing a tto has made spparent the danger I allude to tr.at of U-rnag oguemm. Many who had reer be ore b-en Pr-?tverr in their aympathie t-r lai d-cli!fd ttken i le. !ow are !oj I-st V oit-ed of nil ,r Ff9 D. .nif-.-ra'-y lris, wi;e it hum a a?n-rfi'-;iI air oi irength.-iil fcrrs ia element- -f the rnost Hrt r.-. lt cH-lr-. ,.-.r - , - c.n-T . r. It seems tt;t We -!".'iiel t- .e the h-rims i !,fil..-r.r-:-. o;dy m-t t, -. f . ,.. t riti i;e i . , . i, . . .- . . v..t; 01 i and --lu.frt t . ' t i-,r. ; t-w-- t? r.8i- a A :'::! o. but tte tu- aet the uie 51 J I t lrna-i,l r'rM.,f,.m h!.iIUr DUOttUr. We find i tjrnsand Freedom b-;oni- p-iur, we fa.-teni upoi uin the capacMT of con S ltutea leaier. one oi ir.e -w y.-iawver.j t ir.e sb and unreliable of those who are tmf once faftrt Administndolf KkdcT.f I vie . t.

j i f Ii.diani

awoji'.y : t - j pttpil to t.i.i: pojiLict; s.io..-J ot !; :co Hi I h.i t een t. e nursery, an.: sn -h m a a 'ate S,'an'or Whitcomb. and J. D. Eri!it and J"eph A. Wright, and Willuni J.-fe ( the nvt w .:, -sh-K-s hi tic 1, ) !, ,. iig-i:e 1 as aps-ie. If deaogieUst bars ever, i s a Northern S are. btu reduced to 4 j tT'-'ect v teni, it is by that st!-...h1. r. f '.! Cn. l.nne t:r-t tsme to lo:irn, ,! : j. ;-'-.v hns a-!t.-ve!ets!id the !r .( 'It jij, : !..-;t- io?i, u:i iers!J that he ha.1 tvme i t v.ii'.-!j-i!cai a id h.m.-ts. Wn.-n, a: ilr.t, I,; risvl hi;u-elf on the si.le wher G .v. S 4-,., ,!, -j . ,t , O Is. ;i -.in .1 lv.n-,f -Xt- . i. -.4 " "wliv ry iii Ivi-ivis." 'V s: .vf..t. b-.M te tWsi mjh l. c v iiic.i.'. si.le. But hen, i' e. .t w '-1?!", he began o hei:a'Knd lo rira;:, i was a go.d iniicatioa thai he felt Ike ground sliding from leneath him; and wliea, Anally, he shifted completely about, ail beiian to clamor vicdeutlv for Frt-eviom, it w$ ' a reliable indication that the reaction so long '' looked for had arrive!, and that the Slate : Power had retreated before the firm front 1 presented by the iriends of Lbertv. As en int1i-At.ir of n,inu! tritv. in:!! ntett art USMiii! v.- .t." ... ' but in every otht-r sense injurious. And ; though the agression for such it must be j cjr CoL LAtltt a, ;r8t ipt bopa ani iritvA fk f tK ImniiL t ( 1 1 ia 1 1 a vat ir . , eviJ,nt ,hit h, adv.-tntae ' 'was ,W. ! purchased and was followed by demands of 'prompt payment, and that the end and aim of the summerset was a I'nitcd States Senatorship. The audacity of the demand was such as fairly to astound the sensible portion of the part. If Kansas were admitted a '' State, according to the programme, soma j were willing to concede to Lane the Governorship; but it was eooly answerd by bii ! friends that this would not satisfiy him! Nothhhort of a seat in the Senate, in compasv ' with Got. Reeder, would compensate hira

20 s.lver cup j tor a few weeks of renegade service in the 10 silver cup ' Free-State cause. 10 The tactics he has employed are characterset teaspoons istic. He had the address lo procure the sp10 silver cup ' pointment of Chairman of the Executive Comset tei x'.oons mine of the Free-State Party; a position 5 ! which cave him a first rate opportunity for

i intrigue. For a time he succeeded, by prom- ' ises and flattery, in attaching to his interst ! many of the younger and more aspiring members; but the mask in slipping aside, ana ' the real motives becoming apparent. Some recent revelations, too, in regard to his moral J character, have excited profound disffust; have such men as Gov. Reeder, Gen. Pomeroy. Dr. Robinson, Judge Smith and Col. to Roberts, we shall go uu farther in intrusting to power to Liine than ncces-itv compels. VOX. JC-ir Within sixmonths.it is said, eleven the postmasters have been arrested in Ohio for robbing the mails. .ov in thv ' iiiie. "4 t'tV i tbf imtH tu ttt-tire ynur M(jzt tbj ura your Mq . ,st-w?ti.rrt lor is-.tj t urt rfiittttion trots r i tut- rt'.tou rt. I wtll ftirtiih th9 fultatt. nii .n it.l N.w(i.('t at the ji t.'..., anit4.il, 1'i-r annum, viz llrpi-r, i2 I utnam, 2 S3; t.rahim, J vi. i.uilf j, 'i -.'j: Kyitttrrlxx-ttfr, S itft; llouichotd Vor-J., '2 Ci't. H'.a wno.l, 2 &i. Arthvr'a Hume aa-ii-.l I", iVtt.r.uti' LiiJt Natitiiiiil, 1 0; Water t i.r J...iinti 75-; Ir'tir enoloi i i at Jttttrnnl, ?c; Culti--f..t, Atiri ultur.l ii'tc;) Sevr Vurk t ributio, I 25; Ni vv V iu l..r?a. 1 Ot), tri on, '1 2ti, Saturday r'vt.ntj I , 1 ', Atthur' Hottie ti.ftti. I 13. ( intiant ' iatiT-, I incinaati 'ontmrt-iat, b. ai a h -at ot tctu-raat equally luw taiea. fpttrtmfa ci .tt-a ot th ab.tve inay beiwo at the otfiea tit' 11. B. 1 aynn. No. 1-4 Mailt at reft, up antra Send in your tlot'lara and ditnaa tn A LBKKT B. i?H NK. Richmond. Ind. Nov. 15, 1S5S. S-8 PARC A INS IN DRY GOODS. rr: hlv ia Voro ! (w,th Urg vnti' w ue. of .ooJi yet lo rtite ) (ha . : ' m ' JLSl Dry.a01- ia 'f JJl" ; hat been aotna decline in the prices of GoO'a, wnhm a taw week., whirh eoablea ua God, at Auction or in Job. at r:-..'-faw waeka, which eoablea ua to bay large loU of : Turjr low prtaaa, ao tal rata in,rlll ittMllnlltn ' " v,ii. .u- . :j ti tt i . le wtti nut Ihe la in fai. tr.-a ivMUEKT X. Coonav. NoTembtsr 35, Hj. LIST or LcrrEits Kr.Ma15r;in th Pott Or.ct B.ehm.n, Iodiaaa. aa : V" reiti. taiir ana Alexander. IIinct Area. Eiiaa B.ll.a. R.taM Barrr, Banlr BctreaK J i Barnea. S lirti'a. Wet ISr jaa. I.iiia U J r Craft. John Cara. Jjha CaT. Patrt'Jt VI T i Eit. Jaa A falter, J0ri-v. Jlsa terk. Wtiasn l(t. MtHtxt Ha&W j at Jaraaaa. Rl:aa. r .'. Al'rr-I l. Aae K v"I.t4 Moare. f rafia lfer, J tna We.,. M W. Wat Meek. JavMaeM. Jens Srl Mrrn m. II A truf. Ktiee rmr. Jna " Wai tU.au. Wa Kf. 6Seaa.S BM B-;rrcit.l. Caroline Brearj. ; o 7Br,.,:.a ; M.hala E Bi-jrant, Eli sr Kuntce Botrar. lark B,,il. Grhar.1 ilarke, iuan E Hytier, Mr Hranaoo, Jobs W Campbell, & K Cese-ell, Jsba D rirmttau, I.-4t& Coulter. Mtc!i-1 tJB.tkata. k:chr t Klatartla, Jme ftsch. Ja t;.ria-aite. Jereaian A OreneU. Hutu a. Canon aa Cay Haar ali lia-a j : ir a wu, ' rt'9 but' co-k. v,r, j !.;, i T- Nr5, of : aoi tja:io,3 i . C W litrden. f r lunut, ' "h"" J0I.0 r. Haal.uza. f tarertk. Ifearj lleinr. ; w ''. 2 it K.ry. Pwat!i u llle-aa, W K-r: J J iirr r -M't.ftrn K imi ml ), llcatar Ann Mr-ar J Laerwnee, Sraa Mrltmaul. Lixsie Mat4 Fatf' MrCimjh, Eft .! Uc. Tia;aa.a Mrn. AteaHfrr McMillaa, f i-ii Maxve.l. y.i'm rtS te '4atBa. J 1raja Ctt ?i-.ca-tft. tt s Parser. UOUM rtelcere!. Waa aWaava. RA'-rtatsa Vtsley Saaoca. A ..trail Simeme. I 3 V Le.t,rt the J .M-.-e s JhmH flNftni, in MlM u t ut Cm:ai"i a u au H ve r. D.t.,el Zr"' r!w- & e .art. ' . , . . - Wa aata. J-;.i a -njl. Ea-aKlC SiTler. Ja TaTar. Eiar l H Tariwr. R&ce B Thamaa. L C'T1 Jwi Watte. r ieatae Walatf . ie Barret i wwtarl. ! M Warner, k rtitm. , u.a-ifc. Pe-aona taiiiax f-r imm ia tSa tr l.. r ' ,.M,. 1 i- . eft