Daily American, Volume 1, Number 125, Terre Haute, Vigo County, 14 July 1855 — Page 2
[j American.
S A
J. N. SILVERTHORN, ISAAC M. BROWN,
V- i. \i
EDITORS
TERRE-HAUTE. IND.
8 ATUBDAY,T: VTjXTLY 14,1855.
*1
a
and struck him with a brick-bat fracturing his skull. When tho train left last evening he was considered in very critical situation.
1ST By M. J. Chamberlain Messenger of the American Express Co., hence to Chicago, we learn that a man was arrested, at Galesburgh, on Thursday, charged with having robbed a safe in Urbanna Ills*, sometime time since.— His brother was implicated, and was arrested sometime ago, and the two are now in jail awaiting trial. The amount stolen is $ 1,400.
XW We are indebted to Mr. A.
J3T The Tippecanoe Circuit Court adjourned on the 11th, after a session of fourteen weeks, probably the longest session ever held in our Stato. We understand that docket is not clear yet.
ARRESTED.—A maa named Daniel Trisson was arrested at Attica Indiana, on Thursday last, for passing counterfeit money. He is now in jail at Covington. On being searched $1,805 in bogus money was found on his person, $ 10s and 85s on Iron Bank of Ironton and Exchange Bank of Otnnesee.
The farmers of Lawrence county
are hesitating to engage their wheat at 9i, and are holding back for 81 25.
The Kentucky Mutual Life Insu
rance Company of Covington has made an assignment.
For the American.
A WORD TO
BY "TH* CHAXCXIXO*."
Wh*B aadder days than these shall come, To cast their cares abont me When sorrow's pangs shall vex within,
And acorn's proud sneer without me,
And when within my heart's parterra Shall spring the thora and thistle Towoand my bosom with their stings—
I'll think of thee, and——•WHISTLE Traax-HATMC, July 14,1854.
The Seceders in the Majority. The New York Herald, before the National Council met at Philadelphia, made an estimate of the strength of the K. N's. in the United StAtes, from which it appears that the strength of the Secessionists is 772,366, and of the plalfornaists 602,911. The seoeding States have a majority of six also on the eleotorial vote.—Ind. Journal.
How much margin do you allow for those K. N.'sin the North who are not willing to swallow the 'niggers,' or do you suppose you can carry tho entire North without tbem? Say Mr. Journal!
The Prohibitory Law.
AfPRAY Judge Stuart, (one of the Supreme Bench) had admitted in the Maize ease! We learn from P. C. Buntm Esqr., that this power was not an open questhnt* an affray took place in Charleston,j tion. And wherever the Legislature Ills, on Thursdav evening, which will, has power to regulate it has power to probably result in the death of Mr J.1 Pruhibit-
i-.?
Tram the Indianapolis Daily Journal.
CONOf.VDED.
In regard to doubtful constitutional powers, the decision or construction of the Legislature was final. This Court had so held in a case regarding the "emergency clause" of the condition, which was not materially different from the present case. Of the doutful power exercised by Legislature, the Court held that the Legislature was the best judge the doctrine of implied limitation could be enforced only incases clearly opposed to the good of society.
This was not an open question. This Court has decided it in many cases.— The power of the Legislature to pass such laws, has been exercised ever since the State began, Courts have sustained it, and this is the first time it has ever been questioned. The power of the Legislature to regulate the sale of intoxmum idling liquors, has been always admit-
The
case regarding the Em-
mL barero act was then cited. Ihe U. S.
Fisher, M..1 Agent, from thu city. The: CoiititutKra gave Congress the power fectsas we gather them are, that during, to reflate commerce, and the Court the day Fisher had a quarrel with'aman,! held that this gave also power to proibiti
named Gol len, which grew to a fight iu which Fisher proved the bttter man. r- .. ,, i_ courage, encourage or destroy. In this In Ihe evening Golden, wajrlud Fisher
a /v. ..
0.
Hough, the obliging mail agent for Indianapolis and Cincinnati papers of yesterday in advance of the mail. As Hough grows corpulent—his good nature increases. May his shadow never grow less.
ltion was regeither to dis-
hibit commerce, for prohi ulation. It was a power
Stot0"the Le is,albure lla8
,alwI
the
traffic in liquor ever since the State began, and has even prohibited it in cer-! tain cases, as when it allowed only men of good moral character to sell, prohibiting it to a certain class entirely.
Mr. McDonald then cited tne case in 3d *llas, in which the doctrine of implied imitations was discussed, and authoriatively denied by Mr. Justice Iredell.
Second. The first question being disposed of, the second is "Is this act contrary to the Constitution, oflndi-, ana?" 1st. The first question under this division is as to the TITLE. The Consti-, tution says: "Every act must embrace but one subject, and the matters pro perly connected therewith, and the sub-. ject must be expressed in the title."— The speaker then discussed the force of the word "subject" in this connection. He said a "subject" might embrace any number of minor subjects. That it' might stand as the genua to the species I —mi^ht be general or special. The question was not how many things may be embraced in one subject, but is the subject general enough to embrace them all. The Judge illustrated his position here very oppositely in a variety of ways, not necessary to raention. It is true a title might be too general, as an "act for the good government of the State," but the present is not such a case. It presents one distinct subject, the^ suppression of temperance," which, though it embraces a hundred other subjects, is still one, distinct and not suggestive of any other. It gives rise to no confusion of ideas as to what is to be effected, though of course it conveys no idea of the means and process by which the object is carried out. These can only be learned by reading the law. This title begins specifically, but ends generally, and states its object fully in the close.
The argument of the other side, as to the meaning of the word subject is too broad. If it be sound then not only is this law unconstitutional, but probably every law in the Statute Book.— Such a construction would require a separate act for every section, and a title as long as the law. He illustrated his position by the act creating the office of the Attorney General. The title of that act read, "An act providing for the election of nn Attorney General of the State of Indiana, fixing his compensation, and prescribing his duties." Here, said the speaker, according to tho logic of tho other side, are three distinct subjects, creating an office, payinn the officer, and defining his duties. There should be three separate acts. The subjects are just as distinct as the "making', and "selling" of liquors. If one law be unconstitutional on account of its title the other must be so too. The old rule of law was applicable in this case, to ascertain first, the mischief and then the remedy. What was the mischief the Constitution aimed to remedy? The gross abuse that had crept into our legislation, by which appropriation bills were slipped into road bills, or bills defining the jurisdiction of justices. The Constitution aimed at this evil. Does this law fall within the mischief cured by ihe Constitution. Clearly not, for there is not a section of it that does not relate direotly to the subject stated «n the title. The objection that the section ^appointing agents was a different subject from that stated in the title, was invalid, for agents were not appointed
to make a revenue for the County or State, but merely to keep the. sale of liquor hands that would not abuse the power. The direct object of it was the "suppression Of intemperance."
The speaker said the Louisiana cases read by Mr. Chapman were not in point, as the defeat of the titles in those cases was that they contained too narrow a subject, had put the "species" for the "genus." This was not the case with this law. Besides, the Louisiana Constitution differed from ours in that it said the "object" of the law must be stated in the title, whereas ours says "subject"—different matters, entirely. Our Constitution further does not make void any part of the law but those sections not embraced in the subject stated in the title. The argument of the other side, that the parts of the law were so interlinked that if one fell all would fall, was fallacious as far as the title was concerned, for the Constitution expressly makes good all the law which was properly stated in the title. The Judge here closed till after dinner.
Again, it was objected that a provision of the law allows an officer to arrest without any warrant, if he sees a violation of the law, so that he may take property with no other authority than his own act The Judge replied that if had been the law in this State always, that an officer seeing a violation of the law oommitted, might arrest the offending party with no other warrant than his knowledge. A warrant was simply information, and what better information could any mau have than that afforded by his own senses It certainly was no greater wrong to arrest on the evidence of one's own eye's than the eyes of somebody else. And if a MAN may be thus arrested without a warrant, why should a
WHISKY BARREL
be more sacred It was objected that the law was unconstitutional, in that it did not allow a trial by jury. The Judge replied that the right of trial by jury was not affected by the law. A statute must expressly deny, such a privilege, or it is conferred by the operation of the Constitution. That instrument gives the right to such a trial, and a statute that does not prohibit it, allows it. The Constitution helps out the defective provision of the statute. We believe, he instanced some statutes against felonies which makes no provision for jury trial, yet a jury trial is always granted, and it never has been contended that it was an unconstitutional statute.
The provision excluding from the jury on the trial of cases under this law, certain persons guilty of
violations
on
of
the law, was similar in spirit to the law exclding persons conscientiously opposed to capital punishment, from serving en juries in capital cases.
The Judge then discussed the objection that the law was a local or special law, and gave special privileges to certain citizens. It was not a special law, if all men were brought
witnin
its oper
ation, and there were no special privileges granted to citizens in the
privi
leges given to counties—that the law made no monopolies, as contended.— Under the license law, the man licensed was an agent of the county as much as the agents created by this law.
Special Notice.
Vie recommend tbosein search of medicine to purify the blood, to procure Hurley's Sarsaparilla. If undisputed testimony and stea. dv increasing demand b* a criterion of its intrinsic vnlue, then Hurley's SarsHparilla is destined for the relief
0f
mankind, and him
self to bo equally popular. P. M. Dou nelly is agent in this city.
NEW ADVERTISEMENTS.
A Book from Doesticks. RIGINAL views of Men and Ihiniyp— ^"niorous Aspects of American Lifi, by Q. k. rlitlander Doesticks, P.
0
Fashionable Kdimon—
W Inch The Right, or the Left." Compamou to the Lamplighter"'— "The watchman." "Cona Cut Corners"—The Experiences of a
Conservative Family in fnitatical times, in volving some account of a Connecticut vil* lap—the people who lived in it, and tho«e who came from the city, by Penaulv For aule at
W H. BUCKINGHAM'S.
Julyl4dtf
Notice to Bridge Builders.
PROPOSALS
will be received at S.
Iv. Allen's shop on Market stre-st, where a plan can be seen until the 30th
t'Toff
,for building a bridge on
the Lafayette Hoad over Lost Creek 3 miles north of this city. The builde, will be required to give bond and security for the faithful performance of the contract. Payment made when the work is completed, which must be by the 15th of September next.
J.J. BRAKE, S.K.ALLEN.
Trustees of Harrison Township Terre-Hauts, July 14, 1855-d-3
MAP OF VIGO CO.
Showing the Township, Range, Section, and Quarter Section Lines the Civil Townships the outline of each person's Tract of Land,*with the
Owner's Name theron the Streams Canals Railroads Plank roads State and *. '. County roads Towns Hp villages post offices
Public buildings Churches School Houses
Mills &c. the City of Terre-Haute, with its Additions and Sub-divisions. Compiled with great care from United States, Corporation and Private Surveys, and County Records.
Scale, 2 inc les 1o lie Published by OONDIT, WRIGHT & HAYDEN, Indianapolis, Ind. AMZI B. C0ND1T WILLIS w. WttlonT NEHEMIAU HAt DEN
'J
I
i.
onx, 1 IEN, I
The wbove gentlemen have secured thecopv right for the Map of our County, and will proceed to publish it. without delay, and we are requested to give notice to all persons that have DERDS frr land, aud hive never had them UKCORDED, to send them in forrecordat once, otherwise their liamss will not appear on the Map.
ALRERT LANGE, Auditor. DAVID BELL, Recorder.
Terre-Haute, July 14-dtf
TERBE-HATJTE AND RICHMOND RAHiROAD h{
CHANGE OF TIME
ON
and after Monday, July 16, the trains on this road will run daily (Sundays excepted") as follows connecting at Indianapolis -with trains for Louisville, Cincinnati, and thf East and at Terrre-Haute with trains for Vincenm-s, Evansville, St. Louis, Paris, Charleston and Chicago.
MAIL TRAIN
Leave Terre-H»ute, at 8:3n, A. M. Arrive at Indianapolis, at 11:42, A. M. Leave Indianapolis, at 1:10, p. m. Arrive at T«rre Haute, at 4:30, p.
NIGHT EXPRESS
Lpave Terre-llnute, at 9:15, p. m. Arrive at Iudianapolis, at 12:05, p. m. Leave In imapoHs, at 12:50, A. M. Arrive at Tenv-Haute. 3:41, A. M.
CIIAS. A7OOD, Secretary.
[Journal and Courier, copy two weeks— Daily Express, copy one week.] Julvl3-lw.
E. w. SMTTH. M. M. DODDS.
SMITH & DODDS, Wholesale Grocers,
A N
COMMISSION MERCHANTS, And Dealers in FLOUR and PRODUCE. Wabash Street, Terre-Haute, Ind.
JC5T Particular attention given to the Purchase of all kinds of Grain.
Have just received, among many other articles, in enumerated: 175 saeks Coffee, 129 hhds of Sugar, 30 bbls Refined White Sugar, 75 bbls Orleans Mda^fes, 60 hbis S. H. Molasses, in bbl.s. bbls and ^4 blls 30 bbl of S. H. Syrup, general stuck of T.-as, 3^ bMs Crushed Sugur, lirg* stock of Tobacco, 154 bnxes.of Raisins, in whole, ilf an-' qu iiter boxes, 40 boxes of -'tar nidles, 75 boxes of So ^p. I German, Orleans, Sods White, F.mcy, 85 xes of assorted Candies, ConieciioiiMrieK of all kinds and varieties, 30 boxes of Lemon
Terre-IIaute, July 13th, 1855 dtf.
Cigars!
JUST
received, a fresh and choice assortment of cigars and tobacco, «t
WESTFALL & TRAPP'8. Julv ii-tf.
FOR EENT
A neat ami comfortuble dwelling-house on 6lh strest. Enquire of Jnlyll-tf. VVM. E. McLEAN.
MORE EXCITEMENT OPPOSITE THEPOST-OFFICE!!! JAMES DAVIS,
DKAT.KK IN
GROCERIES AND PROVISIONS, Fourth Street, Welch's IJIock,
-L.I
la-
II A LI\ a fresh assortment of Groeeries
ami Provisions just opened, I «m now ready to wail upon th- citizens nf Terre-Haute with as good Mnd as fresh articles in this line a* any other house in the city and at prices that will correspond with the times.
His stock compiis-s in part, Su^ar, Coffee,
MOIHSSCS,
D" Cash paid for all kinds of Produce. Terre-Haute, July 6, 1855-dly,
"MOREDUN."
A
TALE of the Twelve Hundred and Ten, 8-vo paper, 50 cts.,by Sir Walter Scott, Karonet for sale by
June 28 dtf j, W. H. BUCKINGHAM.
BWWWjjffiKTOjiy.
M. 3. WAgSQNj Agen^
bement & CO.,
Wholesale Dealers in Groceries' W ,H and Flour. Corner W abash and
J. M. ADAMS. a
aua ms,
A..A.'.Ha.mmond
So. a
Anetion and Commission Room* Early a block. Sales Every Saturday' A A TT
IT. H.l^J
HAMMOND & HElSOir attorneys at lav
ham'a Book Store.
BuoltlngiiaS^l
CHAIR &, FURNITURE WARE-ROOMS
ON FOURTH STREET
9
__ iA.few doors North of Main t* TTAS just received the largest «nd
C,
ffl
j!
XI complete Stock of Furniture ever offS
paJfofP
CHAIRS of EVERY DESCRIPTION! SOFAS, Plain Dressing and 5 reaus, Tables, Stands of diffe ?eT Centre Tables and other tales, Bedstead all kinds Looking-Glasses, Cribs of VvlS, description Lounges and many otherS cles too numerous to mention. Also on hand a large assortment of ChairfS
°d
Sp^
ID-All sorts of repairing done on shortest notice.
H. BUCKINGHAM
Terre-Haute, fcly 6,1855-tf.
TO CLOSE OUTlt
BEING
compelled,on acconntof my health tochaugemy business, I offer my
er
tire stock of Queens-ware, Glass-wars Hard Silverplated-ware in short, thai
E S A S S O E S O Of China ware, and House-Furnishing
e0
oda*
that I ever had in store also, a lot of S* DRV GOODS AND GROCERIES! All fresh and new, at wholesale or ret*il I will take in part payment the buildiqe of house to cost from $3,500 to $4,000, or 11 will sell one half of the establishment to^ some active business man, who Ttrould carry'' on the business.
ID" Uniil the above is effected, I vill retail at cost and expenses. June 26-d«tw4w E. S. 'WOLFE,
FOR THE BEST. SODA
IN THE CITY, GO TO __ WESTFALL & TRAPP'S Corner of 4th and Ohio Streets, June 9, 1855-dtf.
VALUABLE LAND FOR SALET
wo
1
Syrup, 3(» boxes of starch, 15 boxi-s of MusjtHid, 30 boxes of Pepper Sauce, 100 dozen of Backing, a gener.il stock of Tubs, Buckets, and Wooden-Ware, »lso, Glnss.all siz^s, 60 dozen Brooms. 200 kegs Nails, all sizes!
Rice, Macierel, Herring, Indigo, Madder! Numiegx, Cloves. &c. A heavy stock of Wrapping Paper, also, a lur^e quantity of Writing Paper, and Stationery ofallkints, fec., c,
'J'ni'lred Acres—50 Improved.
THElies
subscriber offers his land for saie. It ten miles South of Terre-Hsut'', Vigo county, Indiana, and is as healthy and pleasant a locality as any in the Wabash Valley. I think the soil is equal to any in the, State for producing, and is well adapted for a stock farm, having on it four never failing springs, with small creek running through jr. part of it. Fifty acres is well improved, and has comfortable buildings on it thcbslance of the land is heavily limbered—0ns hundred and fifty ncri'S, all connected tfgeth*er—a steam saw mill within two hundred' yards of the land. It lies two miles and a
half from the Evansville and lerre-Hauw Railroad depot Terms made ea D" For particulars enquire of
ALL
Teas, Spices, Tobacco, Flour, Ba
con, Salt. &c., Tubs, Buckets, Brooms,Wash Boards, Powder, Lead, Shot, and almost everything in the line. Also, Cotton Yarn, brown Muslins.
N. C. SP RK* ... Near the Town Hall.
Terre-IIaute, July 29, 1855-dtf
NOTICE.
I EXPECT to be absent from town JL three or four weeks, and have de (posited my Docket with LambertDu)\ jEsq., where those having businessun* settled, or wishing to examine thesanrt fcan call, and have it attended to in of absence. I. M. RAY.
June 21, 1855-dtf
5
A CA RI Having sold my establish* ment on Market street, East of the Sj}U8te, and purchased Mr. TDELL'S interest in firm of GEO. F. RIPLEY fe Co., North of th« Square, I shall take muoh pleasurehere&fier in serving my friends, acquaintances, and tb« public generally, in the line of
Dry
kinds of finely
Goods,
Hats, Hoots, Shoes, Bonnets, &c., fcc. The business will continue vritboufc change of firm, and will consist of Mr. F. RirLET and the undersigned
D. S. DANALDSOJJ.
JT.tTiCE —Mr. D. will continue in thel^M4 Warrant business, and the Various duties of* Notary Public, mid will wait upon old
80J,"
diers, their MINOR children, promptly ttd ficitnily. O3 ILt.mc' Warrants bought and sold. I May 19.1855. D. S. D-
SYRUPS! SYRUPS II 1
flavored
SYRtf P&
used in connection with Soda Fount* including Lemon, Pine Appl*. Raspbenti Rose, SMrsHparilla, .Strawberry &c.—lor w® in quantites to suit the tia^e.at —nte^
June 19 tf WESTFALL & TRAPPS^
Dr. WARREN, Dentist
Thankful for the liberal patronage idrwjj recieved, continues to perform all operant" gRme CAujroi
in DENTISTBY in DURABLE manne*.
*na
RICA
X? OFFICE IN MODESITT 8 BUHPW*0N March 8-tf