Newspaper Page Text
Decision cm tlie JLIquor Iiiiir.
Tlirougli tlio courtesy of our Chief Justice, HeJ
fiold, wo are enabled to lny befoto our readers tlio fol
lowing Opinion delivered in tlio Supremo Court of
this Slato the last week at 'Woodstock, In a caso ari
sing in that village. Tlio constitutionality of the sec
tion of tho law authorizing tlio arrest of persons in a
Btato of intoxication and disturbing tho pcaco, and re
quiring them to discloso where they obtained tho li
mior. is fullv sustained, and tho reasoning of tho
Court wo think clearly indicates tho manner in which
. . ., , . II.. T
thay aro disposed to view tlio law generally. i tr
This caso having been very elaborately and satis
factorily argued, both for and against tho dischargo
prayed for, and as a speedy determination of the caso
stems desirable for tho prisoner, wo nave given 1110
matter our best attention which tlio time would allow,
and tho following is tho opinion of tho Court, by Bed
field, C. J.
Tlio lpadlnfr riiicstion mado in the caso is, how far
that provision in tho law, under which tho prisoner
is committed, is to bo regarded as constitutional. This
word constitutional, as applied to tlio laws, lias a very
narrow range. It is an inquiry, merely, as to tho
conflict between any act of the legislature, and tho
fundamental law of the Stale, which is supposed to
bo embodied in tho oxpre'ss provisions of our written
Statu constitution, as limited, or enlarged, by tljat of
tho United States.
It is scarcely necessary, wo trust, at this lato day,
to say, that the judicial tribunals of tho Statu have
no concern with tho policy of legislation. That is a
matter, resting altogether with tho discretion of an
other co-ordinate branch of tho government. Tho
judicial power cannot legitimately question the policy,
or rcfuso to sanction tho provisions of any law, not
inconsistent with tho fundamental law of the Stalo.
And they would never attempt to do this, oven, except
upon obvious and satisfactory grounds.
The only ground upon which it has been claimed
that tho statute in question is unconstitutional, is that
it conflicts with tho 10th and 11th articles of tho Hill
of Rights of our State Constitution, and With the -lth,
6th and Gtli articles ol tho Amendments ot tlio uni
ted States Constitution, embracing tlio same subject.
It seems to us that the 11th article of our Stato
Constitution, and tho corresponding provisions in tho
United States Constitution, have no reference, to the
subject now beforo the Court. It is in theso words :
"That tho people have a right to hold themselves,
their houses, papers and possessions, free from search,
or seizure, and therefore warrants, without oath, or
affirmation, first made, aflbrding sufficient foundation
for them, whereby any officer, or messenger, may bo
commanded, or required, to search suspected places,
or seize any person, or persons, his, her or their prop
erty, not particularly described, nro contrary to that
ritrlit. nnd nimhi not to bo urantcd." This seems to
bo directed against general warrants, and general I rest, without warrant, to suppress riot. Spandin" ' mm 's not lno jllr.v indicated by tho United St.vis ' sion that the "weak-minded men who could equally
search warrants in particular, not specifically deseri-1 and Preston, 21 17. Reports, and cases cittd, where Constitution or by Magna Charta, any moro than li j well fill tho stations vacated by these women," had
bing tho persons, places, or property, to bo searched, i the subject is fully discussed. j"ry three men, or two. And a jury of the coei- better bo so occupied, than that Gud should demand
or arrested. This call of warrants which in troub-1 This we think is scarcely to bo regarded as in the lry l'lu language of our Hill of Hights, means a ' of women the use of any talent he has given them,
lous and unsettled periods in English history, were is-; nature of punisliment for a crime, or offence, commit- ' jur' lravcrsu of twelve men, no doubt. And I do ' and they have to say, "the sphere, or station, to which
sued to a very ahrming extent, by their Secretaries j led by tho one arrested, but to prevent the continu- not bclievo it would bo regarded as constitutional for Mr Hay State and those of his way of thinking,- lini
of Stato, and other magistrates perhaps, was prohib- mice of an offence, or the rccommission of it. And legislatures to provide that in trials for high crimes, 1 ited ine, furnished no use for them, and I hid them
ited, at tho fiinal settlement of tho realm upon tho in whatever light it is viewed, to deny the light to ' punishable by imprisonment in state prison, or other I away in a napkin to return them to the all-wiso Giver,
Princo of Orange, and tho Hanover family, I think, tho conservators of tho public peaco throughout our I Pcnal disability, the offender should be tried by a when he thould demand them."
if not earlier ; and similar provisions havo been trans- J country, would bo at onco to strike a death blow to jurJ' r lw" r six men, even. It seems to me we j . .
ferrcd to tho United States, and to most of the Stato the wholo police power of tho country. If it is not C0U,J nnt Givc tllis Constitutional provision the wide I E" Lewis Pratt Jr., has issued a prospectus for
Constitutions. It is very obvious this proceeding is dosired to carrv tlio restraint bevond tho nnim f rn. scope asked for it without, in effect, brcakim? down ' publishing at Woodstock, a weekly Temperance Pa-
not of that character. And it lias never been suppos-
ca 10 pronnm aricsis uy pnvaiu persons, or, wiinoui
warrant, in that class of persons, whore delay would
bo perilous. Necessity is tho first law of government
as well as of nature, and is not to be abrogated by
In order to determine how far thiaprocecding is
in violation of tho 10th article of th?tato Constitu
tion, it will h useful to comnarnjhe two somewhat
carefully, perhaps. Tho articIoTs m these words :
"That in all prosecutions for criminal offences, a per
son hath a right to bo heard, by himself and his coun
sel ; to demand tho cause and the naturo of his accu
sation : to be confronted with tho witnesses ; to call
for evidence in his favor, and a speedy public trial, j
by an impartial jury of the country, without the unan- tutional. If not objected to by him, tho mero wit- families put under guardianship, for an indefinite term,
imous consent of which jury he cannot bo found guil-, nesses could scarcely raise any such question, certain- ''''iat 'aw a""" "'hers, with different modifications, havo
ty; nor can he be compelled to give evidence against j ly not until after some judicial declaration in regard a'most always existed in the State, and havo been cn
hirnsclf; nor can any person bo justly deprived of, to tlio matter. This person is then required, not to forced, when occasion icquircd, and no one supposed
his liberty, except by tho laws oT tho land, and tho give testimony against himself, for there is nothing in ! ana" Constitutional provision was thereby violated,
judgment of his peers." I iho statuto, or in any statute of tho State, which rcn- j And a long acquiescence in regard to Constitution-
It is obvious to remark, upon the slightest view of ders him further punishable for tho drunkenness. , al taw is as important as any other prescription and
this article, that if tho prosecution under considcra- Hut ho is required to give testimony in regard lo a as acn resorted to. In my judgment, wc could not
tion is of the character indicated in this article, the transaction of which it may fairly be presumed ho will declare this portion of the law void without involving,
proceedings cannot bo maintained. The proceedings ordinarily havo knowledge, and in which ho has no , in principle, to a very great extent, the cutiro polic-o
indicated in the 22d section of the statute under con-1 concern, and which is an offenco against tho law of, ' l'10 tat0 'he samo category. For no jury tri-
stderation, possesses almost none ot the requisites in-'
uiuaiuu til iliu tutu iiiiioiu uui uuaiiiuiiuil . JJUI
wo think the proceedingsjinder this stat.uto are not to
bo regarded altogether as a prosecution for a criminal
offence perhaps not to any extent. The prosecution
referred to in this articlo in tlio Constitution is obvi
ously tho final trial, befure tho traverse iurv. in onon
j:..l ;.. il... 1.1,1. f n. ti...
fcourt, and would seem to have referenco altogether to
those Uourts whose proceedings are according to tho
course of tho common law, and especially to offences,
properly so speaking "Criminal offences," in tho
words of tho article ; such as aro mado punishablo by
imprisonment, or somo other personal disability, or
at all events by fine. And it is questionable, I think,
whether this article was ever intended to have rofer-
onco to that class of minor offences, which from time
immemorial, both in this country and in England,
have been mado punishablo by singlo magistrates, j
without any of tho appliances, or apparatus, which J
seem to bo indicated in. this article. Hut however
that may he, it seems to us that tho proceeding indi
cated in tho statute under consideration is not even
ono of thoso minor offences punishable by fine only.
Tho proceeding against the relator was in the first
instance of a criminal nature, and to somo extent, in
lis inception againsi mm, inasmuen as it deprived turn ; to requiring persons complained of for embezzlement f 13 n0 greatly slandered, ho occasionally swears in i i
of his libftrtv. until hn linnninp. snhnr. nnd lbnt tn1iinml ' ir. milrn L! .i:nn -..-i , i .1. . . . I
...... .. , . ! ,m, utsuuivijr, mm nut very muercnt irora 1 l""") pimm-u ay wncn 1110 nauonai interest doci
us to require notico to tho Slate's Attorney. Beyond . tho general powers of the countv court, in rpcrnr.l m ' not require it of him. and
that, it does not scorn to be a proceeding against him ; compelling witnesses to give testimony before tho ' ,hat lle couldn't swear a liltlo upon an occosion when
but a sort of court of inquiry against some unknown, , court in the trials before the-traverse jury, or before swearing was naturally expected of him by his coun
but suspected person, as guilty of another offenco a-, the gjand jury. Tho only thing, as it seems to mc tryraen, .
gainst this, same statute, in furnishing the cause- of which renders this provision of tlie statute so annma- a Banner -nTTTTr r"! .
this person's first offence. After the man becomes lous in tho eyes of somo. and which exnn.se, it m I iJi fff'L'.wening, -
.ronoso to subiect him In
The inquiry their arises whether theso provisions
of tho law, in tlio modb they ata.prupQKc4.ta lm ac
complished, aro against any fundamental law of the
State, or trio United States,
The whole matter is very considerably affected in
our view, if wo setllo in our minds that the legisla
ture are the, solo judges how far drunkenness, or thoso
who aid in its perpetration, are punishablo criminally.
I take it that at this day, it is scarcely needful for
this court to spend words in vindicating this acknowl
edged right of the legislature. How far the thing is
ourablo by any process of mero legislative restriction
ia a jiiauer wnn which wo nuvo nere no possiuio con-,
corn. We would be hopeful of all lawo, that they
aru tu duhiu bciiso uapauiu m answering ineir propos- j
A nnrl . A tdtiintrirr i hnn thrif tlio Ion ialaturst linrrt f Un i
right to punish drunkenness, and those concerned in I
us perpetration, or indirect production, and commis-
sion, it becomes a question of expediensy merely how
far they will punish it, or in what modo. Wo should
then, to treat this matter fairly, view this subject in
tho same light wo do any other subject of criminal
Let us then, for tho purpose of placing this mat
tcr in a different point of viow, so as, if possible, to I
perceive its true bearing, suppose that in the first inr
jooer, 1110 siaiuto does not proposo to subject him to , much criticism, is, that it is a provision of a neculiar 1 cm section of Oramro street. In 1,U3
any restraint, by way of punishment for any offenco, character, in somo sense, although strictly analacous ona when ncar tho corner of Cross-si., tho wholo nciMi- j of IIml' Wm' Heywood,
but only to securo ins testimony against other persons to others with which we aro most familiar, and is not I r.noa was Bta" cd by the appalling cry of "Murder," Burlington. A toper
T"' '" v,0,a"un 01 1,10 ,aw anu 01 a,mnS ,ounu 11,13 Preciso . ' regard to any other of- ;f7Muu v ' VL '2? -':B rcst. 11 ba"els of "1U01 w
in ins iirst gum. . Ifenco: and secondly, thrit innm;.; ; .1 Li .i.i... r'.Z "" . r. " . i"--- jr. ;,. llMn ,,.
stanco tho relator had been guilty of a homicide,
which was clearly manslaughter, and tho sheriff had
been called in, after tho wholo transaction was ended,
and ho had taken him into custody and detained tiim,
either in jail or not, for In thai respect there is prob
ably no difference. Is it supposable that any ono, c
ven without any special statute, would regard this as
unlawful! And if not, then !l special slatuto requi
ring it could not bo moro so, than the act, without a
ny express law.
And if tho legislature should SCO fit lo punish liom
icidet committed in a stato of intoxication, by having
tho. person' arrested and detained until ho became so
ber; cnuld ho complain of tho arrest and detention,
without warrant and trial by jury, nity mofe than if
lio wcro still liable to further punishment fof the of"
fence, ho could object tn thd preliminary detention ?
It scents to us it could make no difference, as to tho
power of the legislature, to Ofder tho arrest and de-
I 1 1 ...! 1. .!.'-
tranquillity" mean nothing more than the public peace.
lhc public peace is mado up ol the aggregate of in -
dividual peace, and domestic peace is nothing moro
than the subdivision of tho ono and tho aggregation
Ono cannot lawfully disturb the quiet
of domestic life, by that samo kind of offensive and
tumultuous carriage which would anywhere constituto
a breach of public peace, although no one but tho
family of which ho is a member is present.
Tho statuto then, on a fair construction, wo think,
provides that if one shall be in that peculiar state of
intoxication, whereby his conduct puts iboso nhout
him in reasonable fear of bodily harm, any shcrilf, or
other officer' named, may take him into custody, and
detain him till ho is sober enough lo testify. This is
the first point at which it would bo reasonably safe to
havo such a person go at larno. This any citizen
might always do in England or this country, upon the
mero irround of nreventinir tho enntinuanofi of ihn ilis-
turning soberness, all will perceive at once, the very
manliest absurdity of attempting, in practice, to ap
ply the provisions of tho 10th article of our State
Hill of Rights to the matter. A formal complaint
and warrant, and a fmmal jury trial, would be like
ly lo continue quito beyond tho term of returning so
After the person arrested is sober, tho proceedings
mc, noR nirainlt nn unknntvn iw-rsnn .nannotrrl nf -hn
offenco against tho statuto, connected with the prison-1
cr. And assuming that such inquiry is in regard to '
a legally punishable offenco, it is not necessary to go
further, and inquire whether all the provisions
statute, in regard to such person, arc strictly consti- I
the land. I his is not very different from an inquiry
beforo a grand jury. And there is no doubt the court
might and would commit a witness refusing to give
testimony before a grand jury, unless ho hud somo
excuse affecting himself.
1 have known joint perpetiators of crime often
compelled to give tesiimony, in regard to tho transae-
tion against a co-offender, after bavin
a verdict in
their own favor, and no ono ever doubted such testi
mony was legally imperative upon tho witness. If
ono chooses to plead nuillv to an offenco there is no
doubt ho may bo required to give evidenco against
others connected with him in tho perpetration of tho
inu u can mane no dillerenco that the offen-
dor is not publicly known, or that tho legislature re-1
quiro this preliminary inquiry to bemada before a sin- i
ole magistrate. It is tho samo in law. as ifrpnnirp.il !
to be made, and the testimony given, before this court, j
or tho county court, and a grand jury. Tho law sup- j
poses that tho riulits of tho witness and ibn nri.,i !
will ho equally well protected, and the legislature
seem to bo of a similar opinion, so far as tho statuto j
This section of this law i3 not more strinircnt than ,
aro tho powers given to the probato court, in relation I
mpl. Pri.ipUm la ,l.. i r.r...' -VI ' ' I
altogether to tho discretion of a sincle iustico. in. tho 1
Hut it wiirbe apparent TbatTftho 'legTsTatuTelTiiiik
this class of offences more difficult of detection than
w - '
any other, it would bo expected they would have re
sort tn ntl,P.r nnd mnrp ,,!-. ' i. "
UIIU ol.aii.iiiiiy Bvruiliry
and inquisition in regard to them. And
of all this
we do not seo how any one can justly com
that any ono would be likely to complain, if he was,
and intended to keep himself innocent. And wheth
er this shall bo conducted by one court nr another, is
only matter of convenience or taste. Hut it will bo
ootious mat, to be or any practical importance, it
would have to bo confided to a pretty numerous class
01 persons Mills shows our
opinion of tho perfect '
r i : nn i r,
of this 22d section of
1nrnl!l n.i.l 1:.
the act, so far as this relator or this case is-concern-
Wo are now lo enquire
whether thero has been any
proceeding, as to entitle the
such irregularity in theso
party to be dischar
Wp think m.r Kntnin in . u,. .t.. i..l
to controvert tho return of the causo of his detention,
- '" iciaiur
or to prove any other facts which tho court deem ma-
terial to tho determination of the case
case of F.rpartc Horsley 22 Vt, R. s
But in tho
and in a caso
leuuuii ui ono, wnu nuu cuiiimiucu nomiciuc, in u i cuuri, wnn a niscreiion 10 (icierniinc'-uiicn a wnn,5i
drunken fit. until hn bocomco ouljcr, whether ho was refuses to give bis deposition, or to give testimony)
mado liable to tlill further punisliment afterwards or i any other form. '
"wt. If, in a caso of this kind, tho magistrate shiuld rf-
What essential difl'ercnce, in principle, then will it , fnso to hear the disclosure, or after it was faily ma j,
make, whether the arrest and detention is for distur-1 should persist in imprisoning the person, wl have no
bing the public peace, in a state of drunkenness, or ' doubt upon some proper procew this court tvould df
committing a more grievous ofTenco ? When wo con- ( viso somo moans to compel the magistratfto do h s
cede to tlio legislature tho right in one case, it follows j duty. Hut of course wo should not intefere upon
in tlio other, unless they aro restricted in some way, any doubtful stato of tho evidence. We sh'uld male
which is not tho case, as it seems to us. Fow per- J the same presumption in favor of tho good onduct of
sons, at this time, would bo inclined to deny the right tho magistrate, to which every one Is fairl) entitled,
in tho caso supposed.' And wo think it follows of I until the contrary. If wo volunteered to icerfero &
course in the casi of a breach of tho pcaco in a state j cxetcise the discretion for tho magistrate, ii cases of
of intoxication, as much as in tho case supposed. this kind, wo should probably havo more wrk of the
This portion of the statuto is peculiarly expressed j kind than would be altogether consistent wi our oth
and as it. seems to mc, ncedlesjiy minute in detail, er duties. j
Hut that was dono probably out of over caution, and I We should require in such cases proof o) abuse of
to prevent misconstruction ofth o purpose of the leg- j authority of a clear and decided character.! And wo
islature. It sccins to me that "public and domestic aro not satisfied that any such thing has oeurred. in
J 7 ' imhuwiiiuii 10 ciuiuait;ti iv tu tiiu ptiul iiuiu wiiern tiim nntan onrna it na .
In Grand Islo County, on the present circuitffL
ded on a conviction under tho statuto of last ftr'
upon (Ills samo subject, it was ctmsidcre'd that, '"ii
habeas corpus, tho Court would hot rd-cxamiiutho
proceedings of tho magistrate. If wo we're 1
that, it would bo extending tho remedy, by h
corpus, farther than it has generally been extendi
iins oiuiu aim applying u 10 anouicr class ot ti
from what it legally applies tdi
We think the magistrate has a discretion, to d
mine when the person has mndo a full and fair dM
sure, in regard to the points Upon which ho is rci
ed to disclose. If it wen not so,-tho provision q
not practically amount to anything, and wotil
' worsd than useless. And wo do not perceive by
lllPrn IB flnir .lnnrYn- i tl nnl....i:.... 1. J . I J?
...wU .u mum uiiij;4 in inn uahiny nun 1YHII18
. ,? ... .L. t I
tho present caso, so that wo could not intepro here,
1 tho application had been in any other fori.
It seems to me that all the nrocedincs in !
the administration of tlio police in the citis, whero i
1 they havo no jury trial whatever if iho ofleiies which
they assume to punish by fine and imprisonment, I
como fairly within this provision of tho Unitid States
Constitution, and of the Constitution of rnoa of the !
Slates are altogether void and illegal and variation;
of tho first principles of the liberty of Englishmen, I
as defended in Magna Ciarla. Hut no such idea
has ever been entertained. No man ever supposed
that ovcty time a pqlicoman arretted a night-wallvi
or a drunken brawler, 111 New-York or London, hi '
was violating the chartered rights of the citizen, o:
subject, in tho manner claimed hero. j
And it is difficult for me to perceive how any jbf
' "10 cjninal prosecutions beforo magistrates can bJ
I fiir'y vindicated if they como within the ecncral scone
of this article of tho Hill of lliahts. A inrvnfui'r
ino most cincicnt and essential powers of our civil
government. And we entertain not Iho least doubt
that it was never, in any country where the common
ijkcrction to dctcrmino whether ho did "rcfuso to It I but Heaven save us from cither! A truo woman shines
close" or when ho.has "mado disclosure," in tlioIpbriS,ltc3t ln licr ow" 8l'l'e LVnn "V slatc'
guago of tho act, than to intrust him, or nny.tL Vc accept with pleasure tho dpparcnt candor and
law prevails, intended to have any such scope. ! ra'co sentiment cannot bo disseminated among our
And it seems to us that the relator lias no occasion people, wc do nevertheless know from our own obser
to feel that the times aro evil beyond all former nrcc- vat ion and experience, that the papers in the State
i edent, or that ho suffers beyond all other citizen I
Drunkenness, in various ways, has always formed a j
lo about tho year 1820, a law was in forco in t in slnto
"hereby persons who were in danger of becoming a
charge upon tlio town by reason of drunkenness, or I
olll0r dissipation, might, on complaint of tho select 1
me" 10 llvo justices, and notice to the person, bo ab-1
solutoly deprived of their property, and ihey and their
al is, or ever was, allowed in any of these or similar
cases The prisoner was remanded,
and the petition dismissed.
SiiAnr. In relation to tho announcement that Gen.
Pierco "affmnetl" that he would faithfully execute,
&c., instead of taking tho oath in the usual form,
Prentice of tho Louisville Journal says :
"President Washington, and all the other Presi
dents of tho United States, until tho time of Frank
lin Pierco, solemnly swore, to nxecute tho iifljee cf
President, &c., to the best of their abilities. Tlio
constitution requires that the President, at his iuau-
gurauou, snouiu euner swear or allirni; The alter-
nat'vo of affirmation is uf course given fur tho benefit
"f Qllahcr Presidents, if such should ever bo elected,
who may havo scruples of conscience aoainst iakin
1,10 regular oaths on entering upon tho dischargo of
he duties of tho various public offices held by hfm in
Cen. Pierce's affirmation may bo as good as other
men's oaths, but we certainly soo no sufficient reason
why he departed on the lth inst. from the established
a,,d uniform custom of his predecessors, simnlv affir-
minS where they had not hesitated to swear. If ho
"Z. ,U"""S lurou?'f n?li-
down an alloy somo forty feet below tho level of tha street
Wl... w .i i ii" i . , . ,
When we arrived at tho placo wc found n young lad of,
tueir liouso on tho stones, with which tho yard was paved. I
Tho poor woman was r, eked nn ejii-rio,! t.. t...IT!
when it was ascertained. Ibr 1.. T,, j l.i.li . " "5
, . - , . . . " 'niw novcro
I W0Urnd f" baf? of hcr hcad- was bleeding
Ey fffctU f faC WaS SW0Uen' W
Upon interrogating the child, as to tho- cause, ho answer
ed, that 'his father had knocked his mother down ana
kicked her, and then dragged her out doors by the hair '
Restoratives were applied to the unfortunate woman,
who immediately returned to consciousness, but fainted a
galn almost Instantly somo water was thrown in her face
?,wer tu questions of another female, and corroborated
"ie story 'ho young child"
Che sold that he- I..l,J . ., .
..u.wt .v.i,v uvi. vticr u. iow minutes sitn nrviL'n fn
. - , , MU'
durinVlu the' tTn,.!!8!1',1!'" in Ws JT
during all tho winter, como home drunk nearly everv
night in tho week, whon ho would nhinn onr) mjL v ..
?h, h" fingers through hcr dlshevillcd hair, & handl
mgS of yalr:113 1
. w a. ,'.,"ou"uu. ,,tt3 n01 w tound, havine ran
Tl.rt 1IHI,A f .1 . . - . .
as soon hs tuo cnua raised tlio cry of murder. A mrmVu.,.'
of neighbors remarked that ho made a ttmnltitn Af .1...
B'.nf 016 J?00' woman in this way nearly every Sunday
.. . " 7, ' ul"u.w" Va is agan. He
should bo arrested and punished for his brutality
partial illustration cf raen'a rightB," ch ?,. j)t'n. '
W1NDILMI COUNTY D1M0CMT.
liuiTni) n- sins c. i. n. kichols.
ttnttllclioro, VI., April 13, 1853.
Wo accept Mrs Nichols' amendment of our paragraph
in relation to Miss Stone's dress, if bIio has improved it
any; but wo demur to the charge of sneering nt tho 'thick
boots.' Wo called them 'good,' nnd bclievo they were,
and liked them as being the best part of tho lady's drcsx.
If tho ladies liko the 'Dloomer,' why let them wear It;
but we sincerely hope they will not all forsake their do
mcstic duties and go round lecturing on 'woman's rights.'
Doubtless there ore ' strong-minded women' who are ca
pnbl6 of performing a man's duties) and there nro woak-
.nlnrlm! mnn Mrlirt rnnlil pnllflllv wpll fill llin fttntinn3 tllllA
, 1 .... I .l.J 1 ? . 1 1. 1. .. 1 .! j , ,1
YftcaiCU. II O IlllU 11U unjtuuuil lu liiu viiun&u uvuig iiiuiti;,
courtesy of tld) iilmvo rejoinder pi tlio nay state a
paior which has won our respect by its general fair'
licss and dignity towards its opponents, not less than
its talented conduct.
It is something, that men will 'let us wear' tho
dress wo 'like,' whether Bloomer or otherwise. It is j
a great deal, where smiall favors arc accustomed to j
bo received on conditiori"of a courtesy, or thank you, I
sir, to be applauded for putting on soles thick enough
to ward o(T disease and death. Hut it is tho fault of
those so applauded, like Oliver Twist, to ask for i
' moro ;' and now natural, wncn experiment nas con
victed tho novitiate in reform, that inoro is needed,
and would be equally beneficial to health and comfort 1
Well, tho Uloomcrs, and many who desire tho free
dom of public opinion, that they may be bloomers,
will thank the llay State editor for even a reluctant
withdrawal of his suit vs. the costume.
Hut ho "hopes the ladies will not all forsake their
domestic duties," &c. Now tre have so much confi
dence in our sex, that we have no fear of any true
woman forsaking home duties to lecture on any sub-
iect. Those who feel called to do the latter, arc the
very ones who most truly estimate and provide for the
performance of the former. We would be very much
surprised, if half as many women should forsako their
homo duties to lecturo on women's rights, as have
hitherto been encouraged or tolerated by men, in for-
saking them to pursue pleasure, live at their case, and
dio and leave no record, but that they 'went around'
practising or endorsing wrongs upon their own sex,
and smiling upon the vicious of the other sex.
Hut tho objection, based on forsaking domestic du-
ties, docs not certainly apply to Lucy btonc, and oth-
, or single women, who havo no domestic duties.
I The "man's duties," which tho Hay Slatc says
. "strong-minded women arc capable of performing,"
must of course bo of an intellectual nature, strength
of mind bcinr the distinctive characteristic attributed
tn ihpsn can.iblo women. It is also a logical conclu-
l,cri lo lullt" ") "" .""" i uncia, inu
champion ol tlio new Anti-i.iquor i.aw.
While wc feel deeply that too much sound tcmpc-
which have. mado most sacrifices for tho cause, arc
1101 sustained by the professed friends of Temperance,
patronage is given to anti-leinpcrant-e, or on-llie-funcc
journals, is sustaining tho temperance press. To
borrow and read and applaud a paper, will never aid
1,10 publisher to print his paper or earn his bread.
' v "'"' rujuicu io seu u -temperance paper uuoer
tlie ablo conduct ot ur i'owers, well supported by the
friends of Temperance. Hut if they will support
their home papers which havo proved faithful, and
increase thiir means and circulation, it would serve
the cause-even better, and be doing only justice to
those who, in being thus faithful, have sacrificed pe
B5TA sheriff recently undertook to search a dwcllinc in
Hi-adfonl, when tho woman of the house mounted him with
a poker and an axe, which being wrested from her, she
pulled most of his hair out of his head, threw a boiler of
liot water upon him, nnd concluded the programme of ex
ercises by cutting it thi-ee or four inch gash in bis head
with a stove griddle; after which she was secured, and a
large amount of stolen property found in her possession
a partial illustration of "woman's rights." If. Journ.
If a similar fracas had occurred in a search for liquor
under the new law not with a woman she never fights
for rum tho exclamation would probably como from moro
than one source, "see what resistance this law stirs up in
the bosom of freemen!" Vt. Chronicle.
And would any of our gallant, women-protecting
editors have headed such a scene, or any other where
men. had broken each other's, or even women's heads
Men's Mght's; and added, by way of comment, "a
partial illustration of men's rights ?" If wo are not
mistaken these btrong-isci women belong to the
men's rights party.
The Liquor Law in Mo?itpcIicr.l,aH week three
persons wero arrested in tho vicinity of Wright's
mills and confined in jail until released by tho writ of
soler-iorari in other words, till the officers concern
ed supposed tlio respondents could tell wlfere they got
their liquor. The magistrate discharged them for
want of jurisdiction, it appearing that tho accused got
their "picklo" somewhere beyond tho limits of Mont
pelier. .... .On Monday 339 gallons were seized in
riiis village, and they aro to bo dealt with "according
to law." There seems to bo a firm determination
here to execute tho law, hit where it will.
Essex County. Last week an armed force of 120
men made a descent on tho lino of the Atlantic and
St Lawrence Railroad, arrested a lot of rioters, en
tered tho grog-shops and destroyed the liquor, and es
corted ten or moro of tho keepers to Guildhall jail.
Biicccsslul toray was made under tho direction
having disclosed under ar-
cre seized on tho 10th till.
Darnel, A lot of gin and brandy has been taken.
0 two trials the iurv c
could not agreo. 1 ho caso is
Ancther scizuro of rum a barrel in tho wood-pile
anu a Kc " clonics v as mauo ncro yesicr
dy. Barlinglon Courier.
H3P"We learn from a correspondent in Wallingford
tliat they havo had a 'visitation' of law in that placo.
two casks of 'pizen' arrived thero on tho cars the other
day which wasr seized, locked up, and an owner ad
vertised for. Nobody fathers the- waifs, and they will
undoubtedly meet tho fate and follow tho way of all
stray liquor liko Hainan, find that destruction Inten
ded for Mordccai, and lie in tho gutter instead of car
rying victims there. Rutland Herald.
More Whiskey Spilt. Tho women of Lima, Stark
county, Ohio, a few days sinco, resolved to abato tho
nuisance of a drunkcry in thoir village They mar
ched boldly up to tho establishment tho leader of tho
company armed with a hatchet, with which sho Btovo
in tlio heads of tho barrels and let the liquid ruin run
whero it would ever moro bo harmless. The woman
who led on tho company did it in self-defence. Her
I husband, otherwise an amiable and worthy man, was
"no of the rumsellcr's victimB. Bugle.
New M.uxn LiQUonXAW. The following Is a synopsis
of tho amendments to tho liquor law of Maine which has
been approved by tho Governor, and goes Into effect on
tho first of June:
The oaths of any thrco persons who are compclMit wit
nesses In civil suite, nro substituted for thoso of thrco oth
era, for the Issue of search warrants. Only a reasonable
certainty is required in tho description of liquors sciied.
It Is mado the duty of any mayor, alderman, selectman
assessor, city marshal, deputy, constablo or police officer,
If bo shall havo Information that intoxicating liquors aro
kept and Intended for sale, to scizo and detain the same,
until a warrant can bo made.
In all cases of appeal, except whero the proceeding is
by action of debt, tho prosecuting officer is entitled to re
ceive all costs taxable to the state, In addition to his sala
ry, in every caso In which a verdict is rendered agitinst
the defendant by the jury.
Whenever nn unlawful salo Is alleged, nnd a delivery
proved, It shall not bo necessary tn prove a payment, but
such delivery shall bo sullicicnt evidenco of sale.' A prin
cipal and bis agent, clerk and servant may all bo included
in tho same process.
lhvelling-housos may be searched, where the witnesses
malui oath that there is reasonable Arround for believing
Hint such liquors arc kept or UcposltiSt In nob dwntllng
hoUsc or its nppurtennnccs. Intended for unlawful salo in
dwelllng-houso or elsewhere.
Tho finding of such liquors upon search In a dwelling
house, shall not of itself bo evidence that they aro kept or
deposited therein intended for sale.
The sale by city and town agencies are to bo more guar
ded. All casks are to be distinctly marked with the name
of the town nnd agent. No agent is to have nny interest
iu the liquors, nnd shall not sell to nny minor, servant or
npprentice without a written order from the master. The
ngent to be liable to a fine cf $20 and costs nnd a forfeit
ure of bond for sales contrary to tho provisions of that act.
All liquors kept for salo by the agent to be pure and good
nnd not adulterated or fictitious. If not so they arc ren
dered liable to siflzurc and forfeiture on complaint.
Any civil or criminal process may in any stage of pro
ceedings before final judgment, bo amended in any mittcr
ot torm. ro suit shall be malnmtained ngainst any officer
on account of any defect or wantof sufficiency in any pro
cess by him executed.
The proper officers aro authorized to commit to tho
watch-house, or to retain in aiij- other suitable place, nny
person who shall be found intoxicntcd in his own bouse,
or elsewhere, or who shall become quarrelsome, or in nny
way disturb the public pcaco, or that of his own or any
other family, ami lo retain such intoxicated person until
ho is sober, when ho may bo arrested nnd tried, nnd if
found guilty may be punished by imprisonment in the
common jail for thirty days or less, acconling to the dis
cretion ot tlio judge or magistrate.
By this act the first ten sections of the original bill arc
unchanged, except that portion of section sixth, which re
quires tho appellate court to imposo a double penalty, in
case of final conviction. Sections eleven, twelve, thirteen
fourteen and fifteen of the original bill nre repealed, sav
ing all rights acquired under the same.
The Illustrated Magazine of Art published by Al
exander Montgomery, 17 Spruco street, New York. The
fourth number of this attractive periodical contains forty
illustrations, and among them half a dozen copies of land
scapes by the celebrated French painter, Joseph Vcrnct,
nnd a dozen designs, sculptures nnd bas reliefs discovered
by Ur I.ayard in tho ruins of ancient Nineveh. The ar
ticle and illustrations on hayard's Nineveh embrace tho
substanco of tho most remarkable discovery and one of
the most interesting books of modern times.
The Ladies' A'ational Magazine for February, March
and April is received, and fully justify our wish to pos
sess them. The Pictures nro fine nnd full of point as nny
sermon, somo of them. The Mortgagor's Daughter, by
the author of "The Village Farm," nnd Zana, by Sirs
Stephens, nre continued stories of great interest. "Maud
Garrison," by tho author of Susy Is Diary, like every
thing from that writer, is liutriiticnt to the soul.
A Peep al the Pilgrims, by Mrs Cheney, is a very en
tertaining story of olden time, depicting the manners and
circumstances of tho Puritans, tho prejudices they encoun
tered and the hardships they endured. 1'i-outy has it.
to Mrs Hhoades has n most beautiful assortment of
Milliner', Trimmings, kc. The most fastidious cannot
but be suited. See nd crtisemcnt.
ZjT Hayes & Woodartl are not. surpassed in good fits.
Try them, gentlemen. (Seo ndv't.)
What then ! Tho New York Observer, the well
known organ of Old School Presbyterianism, says:
"The only influence of ' Uncle Tom's Cabin,' thus far,
has been to make American liberty a reproach and terror,
where it was last year n star of hope to the rising millions
of Kuropc. Thus the book has been a curse to tho oppres
sed of other lands, while none has heard of its doing any
good at home,"
This is offered as an argument against the book ;
but half an eye can see that its whole efficacy depends
on the question whether the incidents of the slorti are
founded in fact. If they are false, there needs not
another link 111 the argument to condemn the wholo
performance ; its influence will of course be bad.
If they arc true, then what a curse must that be, not
to our country alone, but to all the world, which makes
"American liberty revealed in its true colors a re
proach and teiror, where it was onco a star of hope
to millions." That is a two-edged sword, and cuts
both ways As to the truth of Mrs Stowo's
book, we apprehend that the forthcoming 'Key' will
put all that beyond a perhaps. Depend upon it, bla
very is not going to profit by closer examination ;
neither will it ever shako off or put down that sort
of assailants which God has raised up to destroy it.
Slatc Agricultural Society. The amount of pre-
I miums offered by the Vermont State Agricultural So
ciety, as its next annual I' air at Montpclior, Septem
ber 13th, 11th and 15th, is $3,101 on horses $721 ;
cattle, $038; sheept $111; swine, $110; poultry,
$21; dairy, $03; maple sugar, $35; honey, $13;
manure, $25 ; field crops, $187 ; fruits & fruit trees,
$70 ; vegetables, $20 ; plowing, $130 ; farm imple
ments, $100; domestic manufactures, $f7; essays,
$110; discretionary premiums, $000.
Presidential Appointments. Tho President has ap
point Charles Chapin of Hrattleboro, Marshal, aud
Lucius H. Peck of Montpclicr, District Attorney for
the Stato of Vermont, and D. A. Smalley of Bur
lington, Collector for that port.
Mrs Bernard, a widow lady, has been appointed by
tho President, Post-Mistress at West Point, N. Y.
$37" Wo aro indebted to Chauncy Goodrich, Esq.,
the publisher, for a copy of the Journal of the House
of Heprcscntativcs of Vermont, at its last session.
D. W. D. Clark, Esq., has withdrawn from tho
publication and editorial management of the Burling
ton Free Press. His successor is Prof, Benedict.
ItEtEAsKD. C. It. Powers, who has been in limbo
at Woodstock for refusing to testify "whero ho got
his rum," was released from confinement on tho -lth.
Look out ! Counterfeit $10 bills on tho Franklin
Co. Bank, St Albans Bay, are said to bo in circula
tion. They are easily detected ; engraving coarse.
Ones, altered to 10's, on tho Asiatic Bank, Salem,
Ms ., aro said to bo quito plenty tho figuro 10 rather
heavy and out of proportion.
Valuable Trees. Six pino trees standing on a
lot ncar Island Pond, wero sold a short timo since for
$550r Tliis is a good price for mast sticks located
at so great a distance from the seaboard. So much
for railroad facilities. Caledonian.
A package of fruit trees and scions has been sent
from Rochester (N. Y.) to Oregon by mail, tho post
ago upon which was 32 dollars, prepaid,
Tho ono hundredth anniversary of tho incorpora
tion of Greenfield, Mass. occurs in Juno next.
The bridge over tho Chautauquo Cieek at West
field, N. Y., broko down, a few days sinco, while a
drovo of cattle .were passing over, and twenty oxen
From Mrs Van Winkle.
Editor Democrat, I've been thinkin' that may bd
your borrowlti readers havo got tired of Pollytics,
Tcmpetancc, and Wilifmiirs tVrongc, and would bo
willin to read a column of old woman's gossip, by
way of a relish to tho more graver matters that suit
''Iho ten that pay" for it, as that grand old man, John
Pierpont, said in his racy Poem about the scholar.
lint I was gniu to gossip: Well, I've, been lafin
in my sleeve at a circumstance that camo mighty nigh
maki'i a public karactcr of mo. When I think what
a narrow chance l'vo run, I'm led to feel that wo
ought to bo 'irtazin charitable to them wiinmiil that's
got out of their sphere in tr'yin to pick their nabors
and friends out of tho rum gutter' ; for 1 sec how easy
it is fur a woman tu get out of her sphere, now that
I haven't but just escaped it myself. I see how it
was done. It all came of following my aspirations
to go out so far from home. It wont do, no how, for
wimmin to let their ambitious hopes extend to tho
boys and gals on the confines of civilization, if they
mean to keep to private life. But I'll stop moraliziu
and"tellyon alWbout U . ,
You sco there's been a backvvoodT"scTiool-mattii
along here, raisin ammunition for the gals and boys
to larn to shoot idecs, and slid happen'd to call on mo
most the first one. Well, as I hadn't much of a
chanco in my young days, I natcrally felt for life pool
children that lived in tlio now settlements. Besides,'
what little larnin I did gat was from a dear old wo
man that sat nnd spun on a little wheel while slid
leached us, and it's bin wortli so imch to mc, that I
apprcshiatcd the vally of the. old school-marm's ser-i
vices better than our modern scholars,, who got their
cdication under peddygoges of "larnin made easy."
So I gavo tho old schdol-marm nincpcncc, and let her
stop with me a day or two, to persecute her mission1
among tlio litoraty of our better cdicatcd classes.
Well, who'd a thought it, that after being confound-
'cd by college learned men, so that they didn't know
Carlyle s nor Mrs Osgood s idees when shot from
professional bows, in scicntifick and littery lekters,
they took it in their heads, somo of 'cm, that tho
backwoods school-marm was an impnetor, and I'd bin
imposed on, and helped impose on the rcst of 'cm.
Dear knows, I don't liko to be imposed on by nobody ;
but then it struck me as mighty queer that folks
should turn sich anxious inquirers after "old clothes"
and a quarter, that I've seen with my own eyes, (I
hatl en them new spectacles that I got at Brackctt's,
with steel hows wound with green cruel,) smilin and
clappin as if it wcro a rual "feast of Tcason" to "cm
to bo imposed on by gentlemen in broadcloth, with
other men's idecs, and them chose with dpsput bad
taste loo, sometimes.
It may bo that I'm odd, but I don't liko to be im
posed on by fine clothes, nor titles and diplomas. If
I'm goin to be imposed on, I'd prefer it should be by
plain old school-marms instead of Ileverends and Pro
fessors, that find crowds every where glad to shell
out their -Ar's to bo imposed on, and clap and cheer
into tho bargain. I'd give another nincpcncc any
time lo git sich a nice budget of wonders, which havo
kept me philosophizing on the wonderful preference
for impostors in' broadcloth and beavers, over impos
tors in Binasiicd bonnets and soiled travelling dress.
Your old friend, Tauitiia Van Winkle.
Occasioned by tho death of Daniel Weosrer. Preached
nt the Melodeon 011 Sunday, Oct. 31, 1832 ; by Rev.
TiiEOiioitK Parked, Boston : B. 1J. Muzzy & Co., 1853.
A lato writer in Putnam's Monthly remarks in a re
view of Bancroft, "If genius is subject to tho law of pre
destination wc should say that ho was born expressly for
this work" tho History of tho U. S. With truth wo may
apply this thought to Mr. Parker. He was adapted bet
ter than any other man to analyze tho character of Dan
iel Webster. For years ho had studied Webster with re
gard to nil that maltra n man Intellect, Conscience, nmf
Soul. Yet Ids task was indeed painful, l'ho streets of
Boston which have often echoed to tho stately tread of the
old man, eloquent, ' "still wore the tokens of mourning.
kThc sombre flags floated over Fnncuil Hall, where, but a
short time since, Webster had addressed his friend, and
eloquently said, "Hero I am not disowned." Boston and
Kcw England mourned their favorite son, and our Coun
try her great statesman. Tiut, though the task was pain
ful, the truth needed utterance. It was not tho time then
to mourn. A nation should mourn the loss of hcr great
incii when they cease to bless her, not when they die.
Wcbstera aro not annual or perennial Liko the aloe-trees,
they bloom but onco nn age. And when such men die,
wc should seek to know their greatness; find whether it
was truo or false, and seo what relation they sustain to
their ago nnd the ages. This Mr. Parker has done. His
introduction on great men nnd their relation to the world
shows deep insight of character and a knowledge of truo
greatness. His history of Webster's life gives an account
of its principal events. He views him as a lawyer, an or
ator, and a public officer. His remarks upon Mr. Web
filer's political career are elaborato and just, and make tho
Discourso valuable for reference. Mr. Webster's acts of
diplomacy and legislation nre presented in a clear manner,
their relative importance discussed, nnd tho position ho
occupied as a public officer fairly shown. He speaks last
ly of AVebster's relation to Slavery. And hero Is tho head
nnd front of his offending. His remarks remarks on this
subject nro tho manly expressions of his oien thoughts;
not the echo of public opinion. It is better to be an horn
and blow a blast, than to echo others blasts.
Mr. Parker says in his preface, "I am not vain enough
to fancy that I havo never been mistaken in a fact of Mr.
Webster's history, or in my judgment pronounced on any
of his actions, words, or motives ; I can only say, I hare
done u-hat I could. Wo should take the Discourse as
containing Mr. Parker's thoughts, expressed in hU own
way. Thoughts, not of moments, but of years. Others
who have written on Webster, havo bcn oracles for tho
people ; Mr. Parker has been his own oracle. It is ono
thing to salt in a'fino ship which tho wind is blowing a
cross tho ocean ; quite another, to steer our own bark a
cross tho tide.
The stylo of tho Sermon, especially of tho last part, is
of the highest order of beauty. All who wish to know
Webster's truo position should read it ; not with preju
dice against Us author, buin a spirit of earnest inquiry
after truth. It has been wholly revised since Its delh cry
and is dedicated to tho "Young Men of America," ac
companied by somo very just remarks on tho truo great
ness and glory of a nation. Revieweb.
Speculation in Wool. Tho mania which prevailed
among the butter speculators last fall is now transferred'
to wool. Speculators havo been ptru'vnbulatlng tho Wes
tern and some other States, purchasing the wool upon tho
back, of the sheep. It is stated that at tho West a largo
share of tho wool is engaged and at high prices, It has.
been contracted for at from 42 to 02 cents per pound, av
eraging about 00. Tho speculators have not yet visited'
Vermont in very great numbers; but if there is not a fall
in prices and there is just now a tendency that way
they will bo nmong us beforo shearing time. At any rato
those having wool to dispose of may safely calculate upon
realizing a good price for it. Caledonian.
LoNOEVifv. Tho town of Guilford, in this county, con,
tninod in 1850, according to tho census, 1320 inhabitants.
The number sinco then has not materially increased. In
March last tho number of persons in that town over 80
years of ago was thirteen, and tho number between 70
and 80 was thirty-seven, making a total of fifty individu
als who had passed the allotted three score years and ten.
" IaoN. The advance on iron has imparted a good deal
of animation to tho business of tlio iron-men of Essex
county, N. Y. Tho fires, for sovcral years extinguished,
in the furnaces and rolling mills, aro to bo rekindled tho
present season. There Is a brisk demand for oro and ore
bed's, and some that not long sinco Bold for $10,000, can
not now bo purchased for 10,000.
Tt is said to be a fact that two hundred thousand peoplo
daily arrive in and quit London by railroad.