Richmond Palladium (Weekly), Volume 25, Number 49, 22 November 1855 — Page 1

MIT TEHM3 52,00, IN ADVANCE. J "Be juC and fear not: Let all the fuds thou ai"''t at he tiijr Country's thy God's and TrHtUV D. P. HOLLOW AY CO, Publishers. Volume XXV. RICHMOND, WAYNE COD STY, IND., NOVEMBER 22, 1855. Number 49.

R

CHMO ND

DIANA

i , -.-7-,-II M.

EDITED A'D rUDI ISIIK1) JiV BOLLO'iVAT, 2. W. D1.IS 4 I. S. DRAKE.

Term of An vrrtialBwt . .rof 3,0 lu'x.une m.. .l K Ktrli aii'Mionai in. Si a.lJi: 30,110 40.410 Lmio. ' Two moiiihs. :S.IHI fH l:,iait.'H, ALMurcr leu, ono yr.. Ur.ekiuuiu,cb. qr.. Ic.00 One " do. K " ryLeaded and di-jJa.ved advertisements will le .klriei a aud a-tialf. and larjra cuts two priest JJcle above rate ot a dvrriuin&. Other caw. Dot pr"jl fur, charg-ibls in n'Hifuraiit with the above ratea. Ol'K JOB UflPAKTUKN'T, rJtl recently bj,n f.'Ltd op with tha lat-5tty!t-s f tvpe.and w are now pr-pjtrcd to d.i all kinilf of Job ':, ? Hook, I'auipiil-t. Circulars, BiiW, Card, Pint'T'. ; Printing dm i.i faiw-y-e'dored I'iks. wilri seat: and d'pM :U. rdr-r-t thankfully received and Pu.!::y:uld t.. A-tdrew, liouovririCiFor the Palladium. . f.T.i.,.f '. lino or leu. Mrinmim. S3.UU. A JIi:3IORY. By ai s.r. . paukf.i. it.rin '-time fca.t tlawa and the summer bed pa"t, 11 the bright k1 L-n Mart cf the Autumn were cast; fc4 the f rl wind of Winter sighed mournful! by, j,the ( Id M on ihona l-rihtly uJiiwii from the aky, ft n au Aiiif'sl cause li-ro from tho Kdon above, j4 charmed Litie'ii aoe.l with i-oft whimpers of I.nve. Hun the Ar-rel of latb on hi piniom cam down; Uu prsien.-e wJ awful, a terror hit frown, jijd e eUitled Lilie's trame with hi i'-j cold breath, lad led her away to the riv?r of li-ath. Tits anmi-iu urJ the di-pth was. an'l fulness of woe, Hmtdwlt in our heart i when we knew she niui"t go; gut the AMfil tr.at oiine from tha ir.m-siorn above, Aad charirH l.ilie'j ,,ul with hii wliirern of Love, true to hi mivion wits true t hi trut, AnJ ''- a tt'd by her peri-biu; lust, aJ in .the the heart'j ao.ru. -.h d:d bit:orly weep, St,e Mi in the arnn of the Atifel ale p, -hour, And we knew anl that knowledge avs blis to the TUI the Anl of Dealh o er her eoui hail no power. Hftpirit went out on iu pure snowy win. And the gruve had no victory and diath had no sting; And in fttney we raw liar ascending in Ihht, Wita the Ancl that cam from the rejriom of Light. Ti bence the moai'ry of that winter tinio, Still wi-i-H on my uirit and sigln in my rhyme; Aad oft . ! dremii in the lone stilly mi;ht, A emg ha.low o'er uik all nowy and bright; And I lVrt that the one who has gone from my side, TeUirell whure the rivert of happii.e.ij glide; TbO'iRh no longer indwelling in tempi of clay, i)r-t hn he rheer'd me along my rough way, Stall bt-Je on my heart the eweet incpnue of Love, And hoven to guide me to mansion! above: Aad I hope and 1 pray when death' summer hall come, Teat I my be ready to go with her borne; And hence the fad inem'ry of that winter time, iu'.l weighs on my spirit and mourns in my rhyme. Lewijviile, lad., Nor. I8ia. Hibca Corpu before JuJge Perkin of the Supreme Court. HERMAN . THE STATE. OPINION OF THE JCDOK. Concluded from last Week. But the legislature cannot declare the path - 1. , . l. mi. n.r t . , I . . """J"' , . . " . , 7 ! turn I may place in it, a'nuisance, aid order . . r ... , ; H discontinued; nor can it declare my store usvu iiiui, . , ., I room and stock of troods a nuisance, prohibit ; ,, , bi j ,i i . i i MTsellinir them, and order them destroyed, i T' , , i . ' because such acts would invade private prop- , . , , , ,if ty which the constitution protects. Still the , ' wu , . ,, , , i r.,1 Miaw I , a o, at t hi. nafh a ri , I ctnrA rnom ftrA ..... m r ,.;"-;. nnisvi'e. which I have no riffht to matnfatp.j toiSujl have the right to use my own property, still I must not o use it to injure other.. So, all trades, practices, and properi- v. .i l r .. r, may, uy uic iiianuoi , fciiuc, vi uiato vt ut?, i

become nuisances in fact, m quality and sub L , - n . , , , , , r r . ii, peotile, a sumptuary law, for that under conjett, conseMUTitlv, to forfeiture and abate- .. K , 3 ' ,, -, , J , , 1 : , , , , . . . sideration is such, no matter whether its olmat: for exarorle, slauo-hter-houses in cities, . , , , . , . . a , -, , ,'iccts be morals or economy, or boto, then tl;e cr some description of rotailini? houses; and . . , . , ,,., ,, v ,i i i j . legislature cannot prohibit the manufacture this the legislature may have enquired into,', , , c 1 , f , . i-e.tr.e 1 u r t. v 1 and sale for use as a beverage of ale, porter,

nd if the fact of nuisance be found, to have the forfeiture and abatement adjudged and ex.euted. And it is the province of the judiciary to conduct the, enquiry, and declare the fact, or deny it, as the truth may turn out to bs. Many things, by such proceedings, have slresdy became established nuisances at common lsw. By this mode, when a party looses his trade or property, he does so because of slresdy became established nuisances at commonl.w. By this mode, when a party looses j i,- a. i K-.,. f v:. J .1.: .1.- ! mentof hi .r. and th. nrot isioa of the ' ma vn u limn, uutl 1111 aLtDiuiu io ujct juny- ; meat of his peers, and tee provision general law of tho land, and not by the tyran oy of the legislature whose enactment may i ,t, .v.. u,- r ,1. si ..... ! cases collected on this point in the first chapterof Black well on Tai Title. ! In accordance with this doctrine we f;nd that the criminal code of this State has ever " s,vivj i T kitu it 1 4 va a- v v uuuioi vu j i containedthe general provision that auy per son who erected or mamtaiued a nuisanee hi mid be fitted. &c, and that the nuisance might beabat td; 2 U. S. p. p. 428. 42i?, See's. 8 and 9 a provision that submits it to the country, to wit, a j'-iry under the charge of the Court, to decide the fact of nuance. This provision the courts have been daily en

forcing against various noxious subjects; aad I fPf '".' b'at ext.nt, as a beverage, if breweries and casks of liquor are nuisan-1 U uh.thr 'ing. the question incori. hv V.v. n.,t ,hv Kr,,r.,,t,,.I ,.! PtTatttiff into t,.e constitution the prohibitory

Wed also? What was the need of this fpe. i Pnc!P-. wa reputedly brougnt t.e.ow the nsl law up.., the subiect? We have assumed ! consntuUona. convention and uniforcnly reihu. far, upon this branch of the caie. that I Jec'-d IK-bas in the t-o-venti. a, vol. 2. P ft coaptation nro.-t nn..!. nrorwrtv -nrl 1 1 134 aud 1,ier- N ar driller Strengtnned

Fdrui:s. and tne u the wv of bevera niy be necessary the fact The Erst section of the first article declares, j that all men are endowed by their Creator certain unalienable rights; that among these sre life, liberty and the pursuit of happiness. Under our conslitutk n, then, we all he some natural rights that have not been ''drr'ulare l und nl .wn-.. .n. - -. .hav. j;v,ri iiiuf-m main,", , dcpr.ve us of, unless we shall first forfeit ! turn by cur crimes; and to secure to us th. ' njoyment of these rights is the great end and ! '-nt of the constitution itself. i Utnu appears conceded that rights exis-. t I anterior to ti ernt;tMf;, j; i

e ot private property by . , , , as well as medicine: It I ot I!e'al knowledge, tue uatversautr

.at this day. to demonstrate ' U!0 H8 , ar'J5u'-HU ? 0,eTer5e;, ' J shows tiie lulLrnicnt of mankind as to their

ot derive them from it.but established it to se-' wrote five Jn(!r!'i yeari .ore Piiny. teas us wre to us the enjoyment of them; and it here ! tlaUte Egyptians used a iiquor made of barbecoraei important to ascertain with some de- U'-v- ( 77 ) Dlon Caslus alludes to a simtru of praciswn wbat these rights, natural llr beverage among the people i:.hab;-.rg the rtghts, are. shores of the Adriatic. Lib. 4f, D Vaunnn-

Chaacellor Ksnt. followine Blackstoncsavav"4tc.iur jvtlh, u'uawmg u,acKsi.one,says: TJr 2. p. 1. "The abs.lute or natural rights cf iadividuals rosy be resolved into the rTght of psnsoalse3urify. the right of personal Lby, aad the right to acquire and enjoy prop-

7r not some property, or any kind of prop- -g;o-oaxons ana Danes. -If the ac-cuti f7. but, at least, whatsoever the society, or- Sl,ve? by,IsidorU3 al Orosinus of the rnethSeixing government, recegniies as prorwrtr. ' uf m"ng ale among the ancient Britons Jwn,uch dsthis right embrace, ho'w far b correct, it is evident thai it did not essences it extend? It undoubtedly extends to the dlTeT from our mo iern piag. They Stof pursulngthe trades of manufacturing sUtf "that th Ea ls P-1 a and baying aai selliL-; and to the rraaiW rf r,l ttad? to germminate; it is then dried and

WS. These acts are but means of n5rin-' a eciOTln an.1 mr J mcidenui to them. What, we mar ask. i 1 employment of th n,.... t j J Lj- , i "reuoi jprvuuof O.. yi dePriTiB 5 the proprietor omv W Uad" PoLEcoaT '

ii 'r? "U1 f property worth, s'.ript of the In Biblical History we are told that the j 01 producing and usim? "Tl-.e nVM'i-;. . t.ri kiifilue.K r,r r,. '

f, FfOpertT is qaally invaded bv obstructin -r ' ant nf wr-.irh wine 5 nreaw'." "s- abounrla

trr

In Arrow Smith v. Barlinger 4 McLean, on p. 497, it h said: "A freeman rcay buj and still at pleasure. Thi right is not of society, but from not are. He never gave it up. It would be amusing to ca a man hunting through our law books for authority to buy or stll or make a bnraln." To tha same ffect Lord Coke, in 2 Inst. chap. 29, p. 47. Rutherforth'a Institute, p. 20. Tins great natural ri'ht of uing our liberty in pursuing trade and business for the acquisition of propprty, and of pursuing our happiness in u?:n it, though not secure in Europe from the invasions of omnipotent parliaments, or executives, is secured to us by our conitituii un. For. in addition to the first section which we

j bare quoted, and asiJa from tho fact that the very purpose of establishing the constitution j was such securily, by section 11, Art. 1, it is declared that we kball be secure in our "persons, hou.o";, papers and effects, against unreasonable se:trch and seizure." By section 21, we have ihe right to d:rotc our labor to our own advantage, and to keep uur property or its v-ilu) for our own use, as they cannot be tak'.:n from u w'uhou'. being paid for. And by section 12 it is declared that every man, for injury done to Lirn in his person, property, or n-putaiion. shall have remedy by due course of law." These sections fairly construed, will protect the citizen in the use of his industrial faculties, and the enjoyment of his aequsitions. This doctrine is not new in this court. In Doe v. Douglas, 8 LSlackf. 10, in speaking of tho limiuous in our constitution upon the legislative power, it is said, "they restrain the legislature from passing a law impairing the obligation of a contract, from the performance of a judicial act, and from any flagrant violation of the right of private property. This lattor restriction, we think, clearly contained in tho 1st and S-lth sections of the first article of our constitution" of 1C1G. We lay down his proposition, then, as applicable to the present cae; that the right of liberty and pursuing happiness secured by the constitution, embraces the right, in each covipot mentis individual, of selecting what lie will eat and drink, in short, his beverages, so far as he may be capable of producing them, or they may be within his reach, and that the legislature cannot take away that, right by direct enactment. If the constitution does not ecure this light to the people, it secures nothing of value. If the peopht are subject to bo controlled by the legislature in the matter of their beverages, so they are as to their articles of dress, and in thir hours of sleeping and waking. And if the people are incom petent to select their own Leverages, they are also incompetent to determine an vlinng in re , . .t . ,. . , . , , -, r , , lation to their living, and should be placed at A . . , . . ,-r once in a state of pupilatre to a set oi govern- , . , ment sumptuary ofucers; euugies upon the .. ., . J , r, ..., . . diirnity of human nature should cease, and . , J . , . , , ., the doctrino of the competeucy of tae peo- , . .1 i 1 i i . pie for self-government bo declared a deluding i ' "etorical ih.uri ,h. If the goternmeat ca i . ., . ... . , -, , J IOIIIOIL iIIT J'irtCLlUvl lb ilCC3, Ik V.,11 j'U'UiUit the drinkiiiir cf col l water. Can it do that? If not, why not? If we are right in this, that the constitution restrains the legislature - . . 7 . , ,;- i beer, ike, and cannot declare those manufactured, kept and sold for that purpose a nuisance, if such is the use to which those articles are put by the people. It all resolves i;se!f ! into this, as in the case of printing, worshipln coo. uv ou u uui Protect he FI'Je the right the legislature aiay prohibit; K it does, the legislature cannot We think the constitution furnishes the protection. If it docs not in this particular. it does, as we have said, as to nothing of any j importance, and tea, coffee, tobacco, corn '"'l'"rl'"Jl'r H" bread, ham and eirs, mav ru'Xt be placed unuer :ce D 1 Re ver7 10 a con ' ceislon ot the F"wr m ,!',s cs" wou1d ca".y its exerc-.sc shows that n cannot exist. e connrmeJ in t .as view wnen we consider , . . . - - . . mat at tue aaopuou 01 our present c onsiivu- , i tion, there were in tho Statej?ifiy distilleries I and breweries, i.i which a half a miiiiou of dollars was invested, five hundred men were employed; which furnished a market annually for two million bushels of grain, and turned out manufactured products to the value of a million of d,!Irs, which were consumed by ludtrmcnt Ti is use may be trac-d i:i several parts of the ancient world, l'iiuy, the naturalist, states that in his time it was a general use amongst all the several nations who inhabited the western part of Europe; and according to him, it was notcoi.fined to those northern countries whose clima'e did no; permit - , . . r taa s?"ful cultivation of the grape He menuo-a tna: xne innaoia t.gyF, ana iaia k,la J of ?A sa-7i lh'' lhu " was deatly named m diiterent countries. . w!IunlT!?ai7,1 "e at. Hist., Jib. 14, c. rJ. tle See riin. rodatus, wio Tacitus states that the ancient Germans. .n. for tlleir dV, used a otller grain, aad fermer reemble wine. Tacit' a a liquor irom uariey or mented it s- as to make it at D lon. Gtvx., e. , Al "o a favorite liquor of the Snd; after which it is infused into a certain v , .- . i . t n v i 1 iu 1 i.fsun mai sviinoss. every uouiy i.u a 'vineyard." Solomon, said to be the wisest man. Lad extensive vineyards which he 1-ae-led to tenants. So.ag S, v. 12; and Daniel in

1 ' f 1 . ' n,.ini.n vi" ') i w .1 T,.tii-A AC VA Will Q

men.eu..

1 j , 1

!

i his 104th Psalm, in speaking of the greatness, What regulations of the liquor business ! power and works of God, says, verses 14 and j would be constitutional, is not for ns to imiit IS. "II ? causeth grass to grow for the cattle, 1 cate in aivau-e; but thse which the Iegilaan 1 herb for the service of man; and wine i ture may from lime to time prescrioe can be that maketh glad the heart of man, and oil to j brought bv the citizen to the constitutional j make his face shine, and bread which strength- j test before the judiciary, and it will devolve :ied man's heart." j upon that department t' decide upon their

It thus appears, if the inspired Psalmist is j entitled to credit, that man wai made to laugh as well as weep, and that those stimulating beverages were created by the Almighty expressly to promote his social hilarity and enjoyment. And for this purpose Lave the world ever used them, they have ever given, in the language of another passage of scripture, strong drink to him that was weary and wine to those of heavy heart. The first miracle wrought by our Savior, that at Cana of Gallilee, the place where he dwelt in his youth, and where he met his followers after hi resurrection, was to supply this articla to increase the festivities of a joyous occasion; that he used it himself is evident from the fact that was

called by his enemies a wine bibber, and he j sage of ?n act impairing the obligation of a paid it the distinguised honor cf b-ing the ' contract; yet the iegisIs'S, may regulate the eternal memorial of Lis deaili aad man's re - j remedy upon contract but must regulate demption. i within such limits as net substantially to imFrom De Bjw's compendium of the cen-! pair the remedy, as that would indirectly itusus of 18o0, p. 132, we learn that at that date pair the obligation of tf-. 3 contract itself. there were in the United States 1217 distiller- j Gantly's Lessee v. Ewrg, 3 How., U. S. ies and breweries, with a capital of 83,507,-j Rep., 707. 574, consuming some 13,000,000 bushels of j Regulations within coft'titutional limits, we grain and apples, 1291 tons of hops, and CI -, have no doubt, if efficiency enforced, will ac675 hogsheads of molasses, and producing i eomplUh, as we have sail, nearly all tht can some 83,000,0K) gallons of liquor. reasonably be desired. From the Secretary of the Treasury's Re-! The legislature, we wi't add, may undoubtporc of the commerce and navigation of the I edly require the forfeiture of such particular United States for 1850, we gather that there ' portions of the liquor shall bo kept for

were imported into the United States, in that year, about 1G, 000,000 gallons of various kinds of liquors. By the National Cyclopedia, vol. 12, p. 934, ! we are informed that for the year ending January 5, 1850, there were imported into Great Britain and Ireland 7.970.V67 callous of wine,

15,950,781 of brandy, and 5,123, 148 of rum; I can be forfeited on account of tho improper and that there were manufactured in the same j uo of a given quantity, because the entirely period, in that kingdom, in round numiijrs, j of neither of the artic!es-sa nuisance. It is 25,Cd;0.O00 gallons. not pretended to be so m to gunpowder, a id In the 6th vol. of the same work, p. 328, ; we think we have shown it is not, so as to lilt is said: i quor. "Tho vine is one of the most important ob-! So it is doubtless competent for the legislajects of cultivation in France. The amount ture to establish proper police regulations to of hind occupied by this culture is about 5,-, prevent the introducing .f foreign paupers, OOO.OOO English acres. The avenge yearly j tc, for there is a palpable difference between product is abo it 92o000, 000 English gallons, ' excludiug a foreign; and expelling a citizen jot which about one-sixth is converted into i pauper. The constitution! convention thought j brandy. The annual produce of the vine- ' it might have the power to prohibit the inj yards is estimated at about JfJ?3, 500,000 ster-1 gress of foreign, while it Lt'ght not compel the j iing. near 1 40.O0o.OOJ dollars, of which egress of resident, itegro !.. ! ten-elevenths is consumed in France." Wine So, by sue!: regulations may the introduc-

is the comino-i beverage ot ti.e people i . oon 01 nuisances Re prevented; lor tiiere is a France, and yet Professor Silliman. of Yale wide diil'erenee betwee.. assuming to declare College, on the 17th of April, 1851, then at' that a given thing is a iriisance, and the proChalous, writes, vol. 1, p. 185, of his visit to) li .biting of tho introJuct' in of what is conce

Europe In traveling more than 400 miles through the rural districts of France, we have sen only a quiet, ind't.-striovi p-.p'.tl.ttior, p'3" -?bl-s i;i tlitir habit, and, as f ir as we had inrereourse with them, courteous and kind in their manners. We hav seen no rudeness, no broil or tumult have observed 110 one who was not decently clad, or who appeared to b iil . iwever, that t!ie French ! fed. We are told, how peasantry live upon very small supplies f food, and in their houses' are satisi 1 with i very humble, accommodations. Except in Paris, we have seen no instance 01 apparent!

i sutfering, and few even there; nor have we tian civilization, it is the .duty of all nations I seen a single individual intoxicated or without to sdfuiL Unnirsil rersprocal trade and eomI shoes and stcckinS." merce. a doctrine not yet, we think, i:;coipo- ' We have thus shown, from what we will ! rated into the code of inter.a'ior.a'l law. take notice of historically, that the use of! And it would not follow that, because the liquors, as a beverage, a.td article of trade State might prohibit the introduction of foreign land commerce, is so universal that they can-' wheat, she could, therefore, prohibit the culj not bo pronounced a nuisance. The world tivation of it within the State by her own cit- ; does not so regard them, and will not till the '. izns. The right of the Slate to prevent the Bible is discarded and an overwhelming : introduction of foreign objects does not dachange in public sentiment, if not in man's j pend upon the fact of their lieing nuisances, nature, wrought. And who, as we have : or offensive otherwise; but she does it, when asked before, is to force the people to discon- j not restrained by the constitution or laws of -, tinue the use of beverages? j the United States, in the exercise of her sove- ' Counsel say the maxim that yea sha?l so use ; reign will. your own as not to injure another justifies such I This, however, is a topic involving quesa law by the V gWature. but the maxim is j tions of power between the State aad Federal misapplied; for it contemplates the free use. Governments which we do not intend discusby the owner, of his property, but with such i sing in the present opinion. We limit oarcare as not to trespass upon his neighbor; ! selves here to the question cf the power of the while this prohibitory law forbids the owner i legislature over the property and pursuits of to use his own in any manner, as a beverage, j the citizen under the Siate constitution. The It is based on the principle that a man shall ! restrictions which we have examined upon the not use at nil f.r enjoyment what his neighbor legislative power of the State wsre inserted iu

may abuse, a doctrine that would, if enforced by law in ger.tral practice, annihilate society j sunichs of a'.I men or drive them into ' make ei; the ecus of the monks, and bring the human race to an en 1, or continue it under the d tions of iiceiisud county agents. ree-, ' Such, howe.vi-, is no: the principle upon ! rhich the Almi ghty governs the world. He j m i to man a free aget, and to give him oppor-1 tunity to exercise his will, to be virtuous or ! us as he s t Id choose, he placed evil as i well as good before him. lie put the apple into, the garden of Eden, and left upoa man the re-', f poiibioioi. ci i.is ciioice, made 1; a moral ' question, and left it so. lie enacted as to :

thai, a moral, not a physical prohibition. He' So with Railroads, wheu repeated whoiecould have easily enacted a phvsical prohi-! sale murders are perpetrated bv seme of them.

bitory law by declaring the fatal apple a puis-I ance and removing it. He did not. His pur-1 pose was othewtse, and he has since declared . tici: the tares and wheat shall grow together; to the end of the World. Man cannot, by prohibitorv law, be robbed cf his free anCw. ; See Milton's Areopagiiica or speech for Liberty of unlicensed printing, works vol. l,n. 16G." i But. notwithstanding the l.is'fn prohibit, it can, by enactments within consti- i tutional limits, so regulate the use of iatoxi-' eating beverages, as to prevent most of the abuses to which the use may be subject. We do not say that it can all; for under our system ; of government, formed in a confidence in man's capacity to direct his own conduct, designed to allow to each individual the lar-ge.-t liberty consistent viith the welfare cf the, whole, aud to subject tie; private aSairs cf the citizens to tae least possiD e governmental interference, some excesses wtU occur, and ! mtist be tolerated, subject only to such pun- .; ishment as may be inflicted. This itself will , , be preventive in Ls influence. The happiness enjoyed in the exercise of general reasonably ;

regulated liberty by aii, overbalances the evil : erer of the island, taat an agent Las been disci" occasional individual excess. "Order" , patched with orders to the commander of the

must not be made to "reign" here as once "at Warsaw," but the annihilation of all freedom of action, crushing cut, indeed, the ! spirit itself of libetty. Wita us, in the lauguage of the then illustrious Burke, when , defending the revolting American Colonies! something must be pardoned to the spirit of j liberty. j

consistency with the organic law; in fact, the

question of power, of usurpation, between the people and the people's representatives; and in doing this, so far as it may devolve upon us, we shall cheerfully throw every doubt in favor cf the latter, and of stringent regulations. Such is t'-.e constitution of our trovernment. Maize v. 'The State, 4 lad., 312. Thomas v. The -oard of Commissioners of Clay county, o Lid., 557. Greencastle Township v. Black. 5 I'?d., F57. Larmer v. The Trustees of Albion, S Hill, 131. Dunnam v. Ice Xrustees ot f-nesier, jinw ;n, 462. Colttr v. Dev. i'lTVIo Rep., 303: It is like the case of IfVs for the collection of debts. The constitution prohibits the pasfor use in violation of proper regulation, as in the case of gunpowder stored in a populous city; and this forfeiture will be adjudged by the judiciary; see Cotter v. Doty, Sujra; but neither all the gunpowder nor iiquor in the State, accompanied br the prohibition cf the further manufacture aad uso of the article, ded, or shall turn out 10 bs a nuisance. And, in fact, the restrt tions in tiie constitut on upon t'-.-s be:-. :l,e 1 e Ietji3i.--. jir- j.-ower mayoj)erafe ji tt. s-Ji i; g ur..er, nnd in some sense a party to its prmioions, and not for that of strangers. It will not be deied that but for the constitution and i;iv.'sof the United States which impose the r-jstnetion, tho Siatc, as an independent sovereignty, might exclude from her bordert; all foreign liquors, whether nuisances or not, unless, indeed, the doctrine upon which Great Ba.am was defended iu forcing trade w.ui Cn;n& at the cannon's mt; mouth be correct, that in tlits the Coiis.'uujou to protect the minority from the oppression of the majority, and all from the usurpation of the legislature, the members of which, under our plurality system of dec ti-T,. may be returnee by a minority of the I -!-, T ..1T .i r , ........ people. a iiey suouij, tnereiore, oe tattiiiuliy maintained, to the persot i ney are tne mam sale -guards rsons and property of the S.ate. 11 is easy to see mat when tne people are smarting under the Ioss from depreciated bank paper, a fueling might be aroused that would, under our plurality system, return a majority to the Legislature which would deca; a.t uau& a nuisance, :c:.u5cate uu-.r paper, nan tne oaiiding irom n utca it issues, And in Great Britain and France we have examples of the confiscation cf the property of the churcbss ever.; whi h, here, the same constitution tV.at protects the dealer in beer, would reader him safe from iuvoion bv the legislative power. in our opi! reasons given jove, the liquor act of 1G55 is void. Let tho prisoner be discharged - More Gcaxo. A Americaa sea captain bas ma !e tbe PaciS a discovery of a guaaa island in ocean, eigm, rai.es long and four broad, having a good harbor on the westerly side, whtre from fifty to one hundred ships of the largest class can safely lie ard load within fifty feet of the shore. Aa American Guano company has been formed in tfce citv of New York, to bring Lome these precious deposits, more vaiuabie than the gold mines of California, whose vessels are now on their way to this island; and President Pierce, Mr. frcretary Marcy, Secretary Dobbin and the Cabinet; Lave been so entirely satisfied of iu discovery, after consultation with thedlscovsquadron cf the Pacific to send one of the U. S- ships with this agent, who carries with bim !I the necessary information to reaiu this island, which will be taken possesaion of on behalf of the United States. XSPTrails of character wbkL you seek to conceal, you Lad better seek to reform.

TIIE F1KE LASPS OF OHIO.

A TOCCHISa INCIDENT. The "fire lands" was a tract of half a million acres, which was set apart by the State of Connecticut, from the "Western Reserve," to compensate the suilerers by British incendiarism, along the coast of the State, during the revolutionary struggle, more particularly at New London, iNorwalk and Fairfield. All was new, ruy-jjed and unknown. The Indian pale face for the possession of the soil, and the new-comers found themselves insulated, as it were, far from their friends and assistance, and j j obliged to fight their way to the ownership of j their claim. ror were theso the irreatest dif-i i.- - , , - i v. i , t i bcu.ties agatnst which thev had to struggle. Disease, that prolific source of misery and destitution, stalked abroad in their midst, and j for a year or two after locating, the sturdy pi- i oneer auJ his family were compelled to un-'

lm? l" " , there was a melancholy joy in her heart, and and the brst setdersexpenenced great ditneul- worJg of thankfulness on her IiFs, as she sat ties arising from this fact. The red man and br tl..a knoes BfWrward. and told tho beasts of the ei 1 contended with the ,h, s:orvnf hPrf.,.rf.,i d a t,;;

dergo an acclimating happy, indeed, if thev escaped with constiutions unimpaired by the ! "Wife," exclaimed Mr. Martin, as he enravages of the fevers incidental to a new tcred the sitting-room at tea time, "1 was excountry. Many, very many sick, sick and ceedingly mortified when I brought my old disgusted with the privations which they friend. Judge H., home with me to dinner, to we're called upon to endure, returned to ihei'r tave you coma in and preside at the table with former houses, and others would have been Jour face all Hushed, and hands as red as an glad to do so, but from inability and want of Irish girl. You know I particularly love to

means to retrace their steps. The following instance of extreme destitution and suffering will serve as a specimen of the trials which many experienced in their eni i ,., , i . and although an extreme case, perhaps, Vt-t vacOI3 to ca.auilu a iiuuit ill tilt: houcuiv-, , i lands," who did not experience the keenest suturing Iroisi want of proper 1 ood au 1 c!o- , thing. Parclied and pounded corn wns t i only food, with the excptioti of will meat; and frequently tliat was so scarce a to be ' regarded a luxury when it chanced to be cb- ; tainad. One morn'ng, late in the fail of KIT', a hunter who ha 1 been out in put suit of g-m -, and was wending i.is was homeward with a i single wild turkey hung to his b.-It. came cut j rather unexpectedly upon a little clearing, not far from the banks of tho Huron River, in , which stood a solitary log cabin, the uppeitr-: asice of whicli, so far in the rct-e- es of t!:e . forest, and so isolated from possibility of relief in case of danger or sickness, excited his ' wonder and his surprise. Th re was sontei thing in the appearance of the cabin i'- elf i whien fixe 1 his attention, and led him to a clo- ! ser examination. Although appearances in-' ' dicated a recent occupancy, yet there was no ! evidence of life about the premises. 1b rip - pro.-iched the door and knocked. A fieble votce bad Iiiiii "come in," and La entered, but he stood aghast on tk threshold at tho : scene which presented itself. On a stool by the tire-plac sat a female form, le- , duced to a mere skeleton; her clothing as it c'ung to her attenuated fiirure, srrvm t britur out in br:,l re!i ' r;, 'ir-c-inir an-iv.-s and sharp outline. In ht-r ams she held a babe z fcTr months eld, whose puny form, : blanched features and sunken eyes betokened its luck of that nourishment which its Starving mother was unable t.- ojve. On a ; rude bed behind the woman, iac a boy three ( years old. whose appearance also manifested ! what everything went to show disease and starvation. The cabin was without a single nr'ide of furniture ex-pt the stool on which ; the mother saf. and the bed on which lav her j sick and dying boy. Everything else had ; disappeared. On the hearth was a pi; f ashes, which, to his experienced eye, indica- : ted a hick of iire for at least some days. i As soon as the awe-struck hunter had recovered in a measure from his first surprise. he demanded to know what was tie' mat'er, and where her hu.-band was. A frantic buist

it is a tvn of olliprs vi:h which thrt hlstorv i

Uf tl,A Stit. f..r t),A tW,.1 of whiid, 1 wri,. and haj.py ready at

abounds. Indeed, for a period of six or sev-; . , , . .r . "lint. .! lr.Ti liln. '

"-.tr rr t..u "

en years say, irom I3UI to Uiloand lb, : . f 1. ... 1 v, .... -lartin.

- UV iw II VI V 4. I? A 111 I . J I'..'l. V'U III-'

of tears was her only answer. d,,, fo,r,e onW,',: brWit. Th under charged and burdened heart was oversowing ' paKawa m0t insisted on is a smiling Counwith emotions which her tongue r-ould not t.ri4nce- Y,-.s. indeed, smile you must, no give utterance to Mingled feelings of jov j ditfv.reiice what tria!s vou may' have. You and sorrow choked her speech, and she could ; musl 8mooth tLe ruffld brow, check the rwnot reply. At length, however, mastering jn s-vru and Rreet ilim with a 8miiejf VOur herself by an etiort, she managed between .rt i l,rea.ki n -r. I have ofceu wondered

I ner suds to say, poin.ing to i:.e o;u ; -- a nere ,' iis my little Edward, I expect he is dying. . . ; . . 1 1. .,-i'L and here is my babe, so sick I cannot lay her down; I am so weak and feeble, I can hardly sit in my seat, and my poor husband lies bu ried beido the cabin 1" Th 1, as 11 renuereu i . . -'. , 7 . , tttution, she exclaimed in tones ot deepest r.n;uish "0! that I was buck to mv own e-un- ! try, v.here I could fail into the arms of n,v mother." A tear of sympathetic feeling roiltea aowa i weainer-twiin tace 01 tri nun ,i I ter as he listened to the leehai of her woes, i Her story was soon toi !. In company wiiU her husband, she ha 1 emsgra'e-I to tho ! West in the rlattering hope of having a home all their own, where the evrth would at !ea-t ! yield them a p.yinff. Alas, she was 1 1 : ii.ke many others, to bitter di ipp -intm-nt. ' i Sjon fter their arrival her hubuid ha i erect lei 1; ebin, girdled the tres an-1 - small spot of groua !: but wl.-.-u fall sickened and difd. His. poor heart .time I t -h-.-ker. ! wife took the be: I arms, and half-dm I outside cf the cabit fy of her husband in her gged, half carried it to the : , where she contrived, with ; I the aid of the axe and a sharpened st;:k, to luig a shallow grave in which sne placed tr-.ei j hrdy of her best and only fiien It then with a i i tearless eye but broken heart and nervous; land, she covered it with the soil, and re- j turned to her children who demanded her tit1 most care and attention. Her boy, the image ' i ot her lather, lay prostratea by the Sever, and tai.u -',iuj t she could not leave h; ta pl moment 10 go ior; welve miles di.iant. i t to procure food, and j Neither could she leave ' cow her baby was dying for want of nour-i ishment. Every morsel of food was gone, ! three days she had not broken her: 1 and for ; fast. Every article of furniture, except the!

I bed and stool, fia-i been ued to keep alive, i ihe fire cm the hearth, until that source was What ua3 become cf thz o&zat Dxuao- ; exhausted, and the poor woman had taken ! cnitic PanTr. At the last Presidential elecj Ler babe in her arms, and sat down by the tion the Democratic Party polled ia Massaembers, and yielded herself up to stern and '; chusetts, 4t?,000. At the election for Gover- ' awfal despair. Twenty-four bears more and I nor a few days ago t'aey polled 35,000, being death would have left only their pale ernaoia- j a filling oil of 1,000. ItrNew York, Pierca i ted remains to tell tLe sad story of their suf- j received 2G2.00O. Now there is not enough j ferings. lielief had reached fcer, however, at' of tee party left to get up m respectable 6how j tha critical moment, and cow the fountain of j of opposition. They Lave even abandoned !her tetrs was broken up, and she wept as she ' their name there being no longer any party Lad never wept before. Tears of joy flowed j in that state known as tbi Democratic Prty.

over her haggard cheeks and bathed her in- , fant's brow as she hur-ed it to her bosom. j Not for self did she w p; no! she could have ' died, and blest the stroke which laid her by the side of her husband in the cold and sileut ; grave. There was no want or misery thera no'surTericg such as she had seen. But for her children, she had prayed for life that they might live, and her prayer was answered. How her heart leaped at the thought that she might vet return to her mother's home with

her children. The dream was realized, and ence.pdr .v. raToum The fcHowin? article were Prepared , T . A , , for the Dove, a manuscript par er, read at the r i i meetings of the Social Circle. A HOME rifTVUE. SKETCH SO. I. s,ie oenca e wime iiauas, its i wia to present ' my wife to my friends as a lady, not a kitchen ' girl or washer-woman. I hope, therefore, in future, you will in a ii age to get washing out- of ' the wav before dinner. Why there- is my , - . , . . . - particular menu i iiiianis, ins wiie is , pat- ' , , . ... , , , 1 , , VV 111 1V1 J . . . . ' ' . I , tiuil , U, . 1 kl, any moment to entertimidly said Mrs. Oh! well, rou know wo can't afford it," said the husband sharply, as he lighted one of the best Spanish cigars; "you know we must live savi.ig thtv.e. tight times." lie had modestly hinted, a short time pievious, thai fifty cents a Week lor the washing, if saved, would furnish coiTee and tea for the table, and so the hard times full with all their crushing weight upon the poor uVlieate suffering wife, who not only bears the burden of heusf ho! J cares and duties, but the solo -;ires of three 3it:!e children, without a word of encouragement or a tono of love or sympathy, for which her heart is almost bursting, from him who has sworn at the ahart.j love and cherish her, while he, good man, mol;ed the best cigars, and regales Linjxelf and friends on champagne and oysjers ii2er once thinking the money thus spent, if saved, would amply pay a gill to assist bis poor wife iu her manifold duties. But God is merciful, and He gently called the suffering ono to a home of happiness and love, hih up in heaven. A few ::.V.ural itr.ro were sl.id a f.w days of mourning, nd the beieaved husband consoles hiiii.-rii by casting about him where he can find Mrs. Martin, No. 2, which by the way, he is nn incredible short space of time in accomplishing. The kiss of a dying wife is hardly c ! -! on his cheek t-re he takes another urrle to hi ; brsoii-,. Everv thinrr that wonhl call to mind the gentle hein ; who has gone, is removed. Times have certainly changed much for the better, for under the supervision of the new wife the l.oo.cp ,a l been renovated frem gar-ri-t to cellar heau iful furniture, splendid carpets, and everything in ihe most fashionable v le. Mr. Martin very complacently informs his frii.i,rtj f!nt l,r. hatt irnl si niAf Kritwnoiil and nVt , nave Vou, indeed? Well. Iam glad of it, but if the imperious beauty don't take tie kirks of you. Mr. Martin, my name is not Richmond, Ind. Minkik Myrtle. HOME SKETCH NO. 2. My mind has been forcibly struck with the abundance of gra'uitous advi'-e to wives, bow ' tr, rt-,iri lhu l.ii-i cf thf'ir lor.Is anil .fill keen why it is that the advice is all on one &ide. Why dots not some benevolent person setup guide posts for innocent young gentlemen, w ho submit their necks to the halter. Why is ir, that no one ever thinks of hinting to L,t..w,,i. ,1,. ,.:, ,i :, ,i.,i t i,u-uiiiiu,, .n i.,.j,ir, , vi m-.ii i'.iuiuiu . j their fcre-sia.;s with a smile on tiieir counten ance, and a word of sympathy and encourage-ir.-r:, to sro;li the troubled spirit of Ler who from day to day i-nd week to week, pursues l er tread-mill rou -cl, making the snmc beds, cleaning the same rooms, washing the tame dirty faces, and the thousand and one other annoyances of the nursery and kitchen. Ti uly diie the wife tu-ed all the sympathy and her forget the pettv antiovances so wearing to her nerves and trying l the temper. It is 1 --n, the husband has his trials, for from troubios none are exc-mpt in this life; but not of that harr - v. iiig L- ture that is wearing out the spirits and life cf the partner whom he has tac-n to b.aro his joy and sorrows througn With the shades of evening be seeks his home, and finds that com fortand repose which is necessarv to sustain him in life's battle. Not so the wife, amid all her numerated and ur, numerated duties, she must find time to ply tt.e needle and stitch to keep in order the L umber'. ss garments needed in the family. The husband retires to Lis couch, sweet sleep w,t'v l,i -.1irl ami eh ritill ntrm away, while the away, wi.ile the wile is contmuaiiy uisturoea b;. the x-cupai.u of the trundle bed. who are sure to be up by early dawn, demanding her attention. Weary and unrefjteshed she rises to Ler taskTruly she should smile, but whether she always can, is the question to be settled, a:.d until it is, I shall sarely remain. Missiat MrarLE.

U. . Irazet'e.

j MORE PROSCRIPTION. A few days ago the steward of th Deaf and Dumb Asylum was legislated out of the ! Institution by order of the Board of Trustees, i under circumstances wLich justified the sup- , position that there was a systematic design ea ; the part of the Old Liners to carry their par1 ty proscription into the precincts of the pub- ' lie institutions. , We said nothing at the time I because we did not wish to endanger the peace j of the Institution by agitating the question of politics unneeesssarily. j The Trustees have a right to pass aa order I requiring their subordinate officers to be ua- ; married, or if married, to reside without tha

institution with their families. e are not prepared to say that such an order is net right and proper. We think the Superintendent' family should Five in the Institution, because that officer should always be with Lis pupils and on band for an emergency, but do not see any particular reason why a teacher, steward , or other officer should not be required to live separate from the Asylum if he be married. Now that the rule is in force we want to see it made permanent, and not subject to a repeal when an Old Line steward, physician or teacher wishes to get married. Let then fare as their brother Democrats have ordained in tho case of Republican incumbents in office. Let it not be a nil tkat works both ways, accord- -ing to circumstances. But when such an order is revived or sited primarily, for the purpose of forcing an officer out of an institution on aceonnt of his politics, or to give place to a favorite of the Superintendent or some member of the Board, the question assumes an entirely different aspect. If this is the purpose of the order, s jc!i motive ought to receive the indignant rebuke of the people who support these institution. If the Old Line party mean to subvert the benevolent institutions of the State to their own contemptible purposes, and turn them into asylums, not for the unfortunate Biiu-1. Deaf and Dumb, and Insane, but for the pensioners of their party, it is right that the people of Indiana should be advised of the steps these leaders of the party are taking to carry out their corrupt intentions, so that the voters may be fully advised of all the designs of the party and act understanding at the nexttloej tion. j Rumors have leeti rife for a couple of j weeks, to the effect that these Old Line ia- ' trigues intended soon to commence on the Ja- : sane Hospital, and gradually make way there for some more of their pets. We confass that ' our faith was so strong in the political honesi ty of the Superintendent, Doctor Athon, that i we hesitated to believe the assurances that we 'received of this contemplated onslought on the welfare of that noble charity. But our doubts it appears were r.ot justified by any saving principle in Old Lineistn. The Board has revived an old order to the , effect that married officers, with the exception I that the ut rinr"nd at, thill not Kva iu t!v ; Asylum. This would seem to be intended for Dr. Elliott, but we are informed that the I Board disclaimed any design of ousting Dr. I E.; on the contrary, they expressed a desire that he should continue in the Inslitntion. ' Perhaps they were sincere; perhaps not. i At any rate the revival of that regulation gave ! the Doctor an opportunity to carry into eifect ! a long cherished design to leave the Institution and practicing Ids profession ia the city. So j he will voluntary retire from a position, the duties of which he has performed so Fat'isLctorily and ably for four years, j Mrs. Wright, the amiable and efficient ma1 tron, has been removed and is to bo succeeded ! by the wife of the Old Line Steward. If j this does not look like proscription or favoruci ism we know not what does. We Lavo nrvj er heard an objection raised against Mrs. 5 Wright, and have always heard her spoken of S as competent and worthy to the fudest exj tent. j These circumstances have been made pubI lie, and have created much felling. We learn I that Republicans on tho Boards opposed tha I whole measure. So the Oli Liners have the j entire credit, or odium, of the affair, ac- ' cording as it is viewed by the two parties. I We are prepared for almost cny thing flora ! the leaders of that party. When they lay I sacrilegious hands on these sacred trusts, what j may we not expect of them? Give them string, and, like a captured trout, they will wear themselves out with their o.wa 1 iiounderings. JVhout next lau we expect j to put it out of their power to do such LiisI chief. Indiana llepUican. J Ax Incident at this Fall of StBasTOPot. i The following romantic story is from the lcsti ter of a soldier to Lis friends at Glasgowptib- ' lifched in the North British Mall: j "I might c well tell a little incident tha occurred in the town. A party of men bs- , longing to different regiments, were patroling i from Louse to house, in search of plunder. In one of the houses they came across a bean -j tiful female, about 1 7 or 18 years of age. Of j course, some rudeness was shown amongst j the party, who commenced dragging her s-.LouS ? and would have used violence to her, Lad not lavoungmsn belonging to the 1 till taken a musket and tLreaiened to blow the first nv.n'" brains out that should lay a finger upon Ler; whereupon this young woman flew to this ! man and clung to him for protection. SH followed him all the way back to the camp. When coming ia tight of the camp. La becoafor Ler Ut return, but no, she would not leave Lira. Whether she Lad fallen ia love with. Lira at first sigLt, I don't know; but she came to the camp with Lira. As sooa a3 Le got there be was instantly confined for being absent when the regiment was under arms. She followed him to the teat, and cried after Lira. The Colonel of the regtmoat. sv?ing the affection she bore Lim, released Lira, aad ' sent them both to Gen. Harris, wLere aa iai terpreter was got, and she related the whole affair to them. -It turned out that aha is a General's daughter, wila some thousands. She was beautifully attired, and carried m gold watch, aad wore a set of bracelets of immense value. The young man is about to be , married to her. She will not leave Lira upon any account whatever; aad if he U not a lucky fellow, I doat know who is." Hgrsks fo tux Crimsa. Th Albany Arus laras that Mr. Abraham Sole, of Schnectedy. recently received instruction through a friead. from tbs British Minister at Washington, to bay twenty thousand horses if be could get that numb?, and Mr. Soles has been engage daring th past fort- - ' nirht ia baying trp all th horse ftssAof a suit- 1 able quality, that fee) eonld obta'at. - c

V