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"We will cling to the Pillars of the Temple of our es, and it It must fall, we will Perish amidst the Ruins.'&.
SIMEINS, DURISOE & CO., Proprietors. E)EFIELD, S. ., OY 19, 1858.e-o
A. . . ....
Written for the Advertiser.
OR THE ,
Ten years had passed, leaving deep foot-prints
in the sand of time-furrows of care and anxie
ty, want poverty and misery on brows that
once were fair and smooth; bringing misery to
the many and happiness to the few; the light
of being.to thousands, and the darkness of the
grave to tens of thousands.. Ten years cannot
pas without leaving their impress on all around.
To Lilly-now Mrs. Clinton-they had been
. years of happiness beyond her brightest dreams.
years of love and devotion, on the part of Har
ry,-years of quiet study, enjoyment, and im
provement.to. his wife. Years that had imatured
the difiident, blushing girl, into the magnificent
woman; one to be gazed at with wonder and
admiration where e'er she passed; one to be
prized and appreciated at home; a true sincere
and loving wife; a tender and devoted mother.
Such was Lilly Clinton. Ten years a wife, and
now the mother of four boys, the eldest eight
years of age, the youngest two,--and still so
fresh and youthful in appearance, that a stran
ger would never have supposed her out of her
teens. She was decidedly more beautiful now
than at the time of her marriage ; her figure was
more full and rounded, her face more radiant
and animated; her mind well balanced and
rigltly directed ; and, in every sense of the
word, "a model woman." She felt that to
Harry she owed all the happiness of her life;
had he not taken her from her tormncntors,
placed her in a social position fully equal to
them, and procured for her the very best teach
ers that Europe afforded'? In short he had
made her what she was. Surely she had cause
Mr. Clinton was not a handsome man, at
least a casual observer would not have pro
nounced him so, but no one could look at his
frank, manly face without being pleased with
him. His manners were perfect, and his whole
bearing that of a gentleman, with a mind of
unoommon strength, and capatity of the very
highest order. He was wealthy too, and very
generous, always trying to assist those who
riquire-belp. -T-be.rie4r he -wanot-"n
man of a thousand, but one of five thousand;
beloved and respected by all who knew him.
There was only one drawback to his happi
ness. He had a presentiment that he should
be buried alive. His family were subject to
apoplectic fits. The male members of' the three
last generations had all died before they bad
attained their fortieth year. His father had
died at the age of thirty-nine. Two brothers
had already passed away; one at the age of
twenty-four-the other twenty-one; and all
from the same disease. It appeared to him
almost like fatality. But his worst fear, and
one that haunted him day and night, was that
perhaps some of them had been laid in the
grave alive. This idea had grown upon him
until it had taken entire possession of his mind;
and though a man of remarkable intellect, and
great force of character, he was still. unable to
banish from his mind the idea that he would
most certainly be buried alive, lHe was willing
to confess it a weakness, but one over which he
had not the least control. His father had told
him of this fatality when a mere child, and he
had becoine in a manner reconciled to die
At the time of his marriage he was twenty
six, and havin g been married ten years, was
now thirty'-six years of age ; had always been
very particular about his business transactions;
and had never .entered into speculation of any
sort, from fear of dying suddenly and leaving
his business in a disordered state. But now
his friends persuaded him that it was only a
foolish notion, and one he should try to get rid
of, and to banish entirely from his mind. So he
allowed himself to be persuaded and enteredl
with several others into a speculation which
flailed, and ha was ruined ! utterly ruined ! All
that now remained was the cottage in which
they were living, situated a short distance from
Trieste, and within sight of the Adriatic. It
was a most enchanting spot; and the climate
was equal to Italy. Mrs. Clinton prefered Trieste
to either Milan,'vr Venice, as they had resided
for a short time at each of these places; and
finally, after traveling through the most inter
esting portions of Europe, and having visited
,abnost every place of note in France and Italy,
they concluded to make their home in Austria.
and selectedl fur their residence the suburbs of
Trieste. Here they had resided five years.
Mr. QWinton was want to call them the live lhap
picst years of his life ; but now he would be
obliged to sell "~ Happy Home Cottage," and go
he knew not whither. For lhe had entered upon
what he supposed to be a .ure speenulation, had
staked his whole fortune upon this venture, anid
As soon as the tidings of his ruin reachedl
him, he went in s'earch of Lilly (who was in
the fiuwer yard) to tell her of I heir loss, and
ask her symapathy. When he had finished tell
ing her about being destitute and poor, lie told
her for the first time of the fatality that ap
pared to pursue his family, and his constant
dread of being buried too soon. As soon as he
ceased speaking Lilly ran to him, and throwing
her arms around his neck exclaimed," "Well,
dear Harry we can do very well withr.ut the
property, tomugh I am sorry for your sake, as
it appears to worry you; but as for putting
you under the ground alive-why, that shall!
never, never be. I will stand guard over you
six months first. So banish, the thought from'
your misd, and give yourself no farther unea
miness about it. And I am certain we shall yet
.a....any, manim hanny'year.together."
Harry could only thank and bless her; as he
had done many times before. He found on
looking into his affairs that they were almost
penniless-only a few hundred dollars remained
wifh his banker, and what to do he did not
Lilly would often plead that they might go
back to America, and settle in New York city.
She would say, " Now if vie were only in New
York, Harry, I could give lessons in Music and
French. You know Monsieur Paunelle said I
spoke French more perfectly than any Ameri
can he had ever met. So let us go somewhere
else, and not stay here where I can do nothing
to help you." Harry would not listen to any
thing of the sort, telling her never to speak of
giving lessons in music again, as'he would work
himself to death before she shou!d do any thing
of the kind. Still Lilly would plead that they
might return to New York. Her health com
menced failing, and Mr. Clinton came to the
conclusion that she was pining for her native
air; for, on asking one day (when she appeared
more than usually indisposed) what he should
do for her, she burst into tears, and begged to
be taken to America.
- So he made preparations immediately to re
turn hQme; and, in less than a month they
were riding upon the waves of the broad At
lantic. The children were delighted with the
voyage, and almost wild with excitement on
board the steamer. Every thing was so novel
to-thein, never 'having been on board a steamer
before. Islin, who had nursed them all, insisted
on coming with them to America, declaring
that it would break her heart to be left behind
after having taken care of them from their birth.
Her request was granted and she came with
them. Sh6 was a most faithful attendant, and
relieved Mrs. Clinton almost entirely from the
care of the children during the voyage.
When they arrived in New York, Mr. Clinton
asked his wifLe where they should go? She
replied, ".\to Brooklyn, Harry." Accordingly
they went to Brooklyn and took lodging at a
private boarding house in the upper part of the
City. Harry racked his brain day and night,
in hopes of hitting upon some expedient for
making a living, but without success. The one
great error of his life was, that he had neither
trade nor profession. He had never been bred
to any business.; had never studied a profession,
nor learned a trade. . And now, at the age of
thirty-six, with a helpless family to support,
and want staring him in the face, he knewv not
which way to turn.
But Mrs.-Clinton hado ,tesnl sevxious to
come to New Yo:-k without an object in
view. She knew perfectly well that Dr.
Ostram bad never mentioned to Harry a word i
about her having two thousand dollars out I
at ten per cent interest. She was very doubt
ful about ever getting it, but determined to I
nake an effort, without letting Harry know any
thing of it. Tf she failed they would be no i
worse off, and if she succeeded, what happiness
it would be to place it in his hand now when
he so much needed money.
They had been in Brooklyn three days. Ilar.
ry had some little hope of getting an office in
the custom house, and had gone to see about
it. Lilly put on her bonnet, and telling I.lin
that she must be certain to take good care of
the children, as she was going out and might
e gone some timne,-left the house, crossed over
o New York, and went to the No. in John
Street, were Dr. Ostramn had his office in years
one by, and there, sure enough, looking as
ntural as possible, was the same old sign, " Dr's
)stranm & Harold." And, now that she had
ome all the way from Austria for the very pur
ose of seeing Dr. Ostramn, her hear t was ready
o fail; she had almost determined to return to,
rooklyn and come another time, when, whom
hould she see coming down John Street, but
he Doctor himself. Shze then mustered all her
esolution, and entering the office, awaited his,.,
He entered looking at her curiously fora
oment, and did not recognise her, as her veil
was down, but as she put her veil back, he;i
aught her by both hands exclaiming, " Why
illy, child is this~:ou? 7How glad I am to
ee you. Why, did you never write to me ? Ii
ished to communicate with you but could
ever ascertain where you were. Do come in<
he parlor, and tell me all about it." So he
ed her into'the little back room he called the1
arlor, gave her a scat, took one himself; and!
e-commenced aking questions.
Lilly told him that Mr. Clinton had gone out:
(ii buzsine, and so shze thought she would comec
mia see if John Street looked as it used to.
[he Ductor said he wvas delighted to see her.
r. Stetson, the gentleman who had charge of
tier monsey had been trying to find out whatI
had become of her, that she had never drawn1
the interest since her marriage. Lilly's heart
eat fast and hard, but she controlled herself
ufficient to speak in an indifferent way, tellingi
im that as she was in want of some spending
oney, she believed, if it was perfectly conveni
nt fo'r Mr. Stetson, she would now take up her
ittle patrimony. I
The Doctor immediately went with her to
dr. Stetson's place of business, and introduced" I
her to that gentlemnan ; telling him that Mrs. I
Clinton would now draw upon him for the,.
mount in his possession, provided it was con-'
enient. Mr. Stetsorgssured them that it was I;
erfectly convenient. Anid looking over his
ooks to ascertain precisely the amount due,1
told Mrs. Clinton that the two thousand dollars
at ten per cent - had doubled itself within the
last ten years. lie then turned to his safe,I
ounted out four thousand dollars as though it
had been so many cents, and placing the money
in an envelope handed it to Lilly, who signed,;
the necessary documents, giving him a receipt
in full, thanked him for his kindness in attend-.3
ing to her affairs, and, together with the Dec.
tor, left the office. She enquired after the .1
health of the Doctor's family, scarcely knowing
at s.ze did. so, for her mind was a chaos, and
she trembled so violently that she was fearful
Dr. Ostram would notice it; but the old gen
tleman was so intent on telling her what had
transpired in his own family, that he did not.
Why, Jane was married to his partner, Dr.
Harold; had been married five years, and was
the mother of three children-a son, and two
daughters. Emily was still with them. Mrs.
Ostram was losing her bight very fast. They
were fearful that she would be entirely blind.
By this time they were at the door of Dr.
Ostram's office. H1e invited Lilly to walk in
and rest, but she said " perhaps Harry has gone
home, and if so, he would feel uneasy at my
absence; but I will get Harry to come with me
and pay you a visit before long."
When she arrived at home, Mr. Clinton had
not returned. Poor Lilly was so exhausted and
overcome, that she was obliged to lay down.
The children and their nurse had dined, as it
was long past the regular dinner hour. Mrs.
Clinton told Islin that she did not wish any
dinner, and having a headache would try and
sleep for a short time. Islin took the children
to walk and Lilly lay upon the sofa awaiting
Harry's return with the precious package clasped
closely to her heart. She could not believe
that she really had so rAuch money to give him,
and felt almost certain that she must hie dream
ing, and did not dare to open, the envelope, lest
she should find it empty. 0! she thought if
Harry would only come. Hours appeared like
ages to the anxiously awaiting wife: It was
now five o'clocli'and still Harry caine not. Had
she known in what direction to go, she would
most certainly have sought him. She arose
from the sofa, and paced the floor. in a state of
the utmost excitement. 0! she thought what
if he should never come! Perhaps he Is sick,
or dead, and no one knows where to Pend for
me. If i only knew where he went that I might
go to him. 0! Harry will you never come'?
Then stopping suddenly, she said, speaking to
erself, "Why am I so foolish ?. I certainly
otight to have better sense than to conduct my
self in this manner." So seating herself she
opened the envelope and counted its contents.
Sure enough there were the four thousand dol
lars in bank notes. Then she replaced theni,
opened her work box, laid the package carefully
in, closed the lid and was about to lock the box,
when she heard a step oi the stair. Her heart
bdat so loudly that she could hear it. She was
fraid to listen lest the step should die away;
but it did not recede-near and more near it
:ame-paused at the door-the nob turned, and
Earxy .6teired ery, m uhed n it
>ut of breath. He threw himself upon the sofa
mclaiming, "I am discouraged, Lilly! I can get
othing to do and am destitute of money."
Lilly was at his side in a moment, her aruns
vere around his neck, her cheek pressed to his
)row-but she was obliged to wait a moment
re she could speak. There was a choking sen
ation in her throat, that for a time prevented ut
erance. Presently shesaid "No, no, Harry! You
re not destitute! I have money for you," and
;he ran to her work box, took out the envelope,
mnd placed it in his hands, saying, " There, dear
arry, there are four thousand dollars for you.
[ am only sorry that it is not ten times as much,
or your sake. A am thankful however that I
:.n give you even this little sum, trifling as it is."
Harry was utterly astonished, and sat like
>ne stup'ifled. In a moment, recovering himself,
i asked Lilly where she got the money ? Had
he been to her friends borrowing this for him ?
lad she sold her jewelry ? or what had she
lote to prove herself an angel?
Lilly sa heide him, and told about.the two
:housand dollars being left her; of her always
saving been supported by the interest until her
narriage, and after her marriage he had always
upplied her so bountifully with spending money
hat she had never given her dwn little patri
noney a thought, until his unlucky speculation ;
md then she thought she would not be able to
ecover the amount, and so would say nothing
ubout it, until she had it in her own hands. So
;he deter-mined to make the attempt, as soon as
they should return to New York, and that had
een the cause of her anxiety to leave Austria,
md return to America; that, on applying to
he gentleman who had charge of the money,
he found that the principal had doubled itself
luring the ten years of their absence ; that
ir. Stetson had paid her the amount; she had
rought it home, and there it was-and that
waas all she had to tell. "And now dont thank
ne Hlarry'; nor say a word about it, for you
now it is your own," she said in conclusion.
[lrry handed her the package saying, " put it
uway, Lilly," and fell senseless on the floor.
Lilly's screams soon broughat ismistance, and
very mean.s that could be thought of was tried
ut to no purpose. Physicians were sent for,
who said he must be dying ; and in a few nmm
stes more pronounced him d'ead !
" Dead ! (lead i" shrieked Lilly, "No ! no ! he
not dead ! I am certain he is not. It is ape
ilexy-nothing more. He will recover after a
hile." Sad andi weary hours rolled round and
itill there was no sign of life. Some one present
poke of "laying hinm out." Lilly who had been
dil this time kneeling beside hi, now arose,
nying firmly, 4"Dont speak again of laying my
mahand out, for he is not dead, and I know it.
will not trouble any one to remain with me,
rou may all leave at your pleasure, as I prefer
mttenling to Mr. Clinton myself.'.' Lilly had
seretofore been only a weak woman; but she
ws strong now; strong in her lore ; strong in
ir devotion; strong in her powers of endu
-ance, and stronigest of all, in her belief that
ter huisband still lived. She did not remit
'or a moment her exertions; chafing his hands
md feet ; placing bottles of hot water to his
sad, feet and sides ; wetting his lips with cor
lial, and applying mustard to his chest and arms.
But all to no purpose !
Then she would kiss him, and kneeling down
eside the bed would talk as though he must
se conscious of her words. " Oh ! Harry'! dar'
sg Barry lhe shall not bury vou alive ! I
will not leave you I ere stay while life
lasts. I will weary heaven my prayers."
All that long terrible night Lilly Clinton
pray that her husband might tored to her.
At length morning dawne brought no
change in the appearance , Clinton.
There was no sign of life. . did Lilly use
every means for restoring to animation,
declaring most positively th e felt certain of
his not being dead. And t every physi
cian who saw him, pron him perfectly
dead, still did that fond, faituI1, and devoted
wife, watch beside the couc f him who was
more to her than life itself. ? Wdanother day,
and another night, long to emembered by
Lilly Clinton, and all, who sa .her, passed but
brought no change. Every ..now began to
think Mrs. Clinton must be e; some spoke
of the necessity of using gen force in remov
ing the wife that the hush night be robed
for the tomb, though notbi f the kind was
said within her hearing.
Once only, and then but xa moment, did
her fortitude give way; thro g herself on the
bed beside her Lusband sh bcreamed "Oh,
Harry! Surely this is the a y that crushes,
but does not kill." Two da and nights had
now passed. . Lilly Clinton .neither slum
bered nor slept; and not fo e moment had
she ceased her efforts; and ugh, the month
of August, a tire was constan burning in the
room, and bottles of hot rapplied as be
Just as the sun was riaing the third morn
ing as Lilly sat-on the bed chg his hands she
fancied there was a slight pulikion in the wrist.
She only sa:41. '- Come. here ckly, Doctor."
Several physicians were at edside in a ine
meat, and all admitted that- tainly there was
a fooble pulsation. And stra to toll, but no
less strange than true, that losA than two
hours Harry Clinton had Apod bii eye3 and
though very weak was pe. conscious, All
that Lilly sud was, "Than od! I have not
watched and prayed in vain..
Harry Clinton recovered, d in less than a
week was as well as ever. 4Ile supposed he
must have been very sound asleep; and it was
some time before Lilly venturjd to tell him how
long he had remained ins' 'ble-for he had
been altogether insensible to $what was around
him. le could only say, " Oh, Lilly, if it had
not been for you, they won most assuredly
have buried me alive ! You iee I had cause for
the dread foreboding, but you were my guar
dian Angelas usual, and [I saved."
Oiarrys q1 n0 kusand dollars
Lilly had br'oght him, and-conimene usiness.
Slow and sure was his motto-and speculation
his aversion. He has been blessed beyond his most
sanguine anticipation; and if not one of the rich
est, is certainly one of the happiest men in the
city of New York. He has outlived the fear of
being buried alive, and as he is now a good deal
nearer fifty, than forty, has come to the conclu
sion that his family are as likely to be long-lived
as other people, and gives himself no uneasiness
about apoplexy, for ho says, "providing we are
only prepared it makes but little difference how
soon we are called away."
Mrs. Clinton is still living and is as beautiful
as any woman can possibly be, who has four
young men to call her "Mother, "-as the
youngest child is now fourteen years.of age. A
thriving and happy family are the Clintons.
Well, I have now finished. And if this nar
rative should ever be the means of preventing
one fellow creature from being intered premna
turely, I shall feel that I have not written in
vain. And let mue implore 'of you, reader,
wherever your influence may extend, never al
low any one to be entombed, until thcre is somec
certain indication that life is extinct.
A GatEcr Gux.-KroL~xc .AE EArs.-The
Buffalo Express tells of a warlike, invention just
brought out in that city, which is of an extraor
dinary character, provided it. possesses ull the
qualities represented ;
It. was tested yesterday afternoon in a vacant
building on Washington street, between Seneca
and exchange streets. The piece is a beautiful
little brass gun of the usual shape, miounted on
wheels, and so constructed that a rotary cylinder
constitutes the breech which contains four char
ges replenished by means of a hopper, nnd fired as
rapidly as a man could work an ordinimy lever
backward and forward. The piece is discharged
by electricity, and from this results an important
and valuable discovery, whieh was developed af
ter the completion of the piece. B~y means of
the battery and wires connecting with the cylin
der by which ignition is caused, the cylinider be
gomes perfectly electrical schick keeps it as cool
as if continuall bathed with ic,. Some t wo hun
dred rounds were liredl yesterdlay in rapid site-1
eession at the rate of about.30 rounds per minute,
at the end of which time without using tihe swab
once, the breech was much colder than when
the firing commenced. The rapidity of the
firing was much retarded by the had quality of
the cartridge in use, but such as it was it was
stfliient to demnonstrate the e'omplete success
of the invention. Even 20 rounds per msinute
would seem to be sufficient for all reasonable, or
unreasoniablc purposes for that matter ; but we
entertain no doubt that with cartridges properly
prepared the inventor's expectation of 60 rounds
per minute will be fully realized. We under
stand that as soon as all arrangements are com
pleted, the inventors will proceed to Washingvton
and lay their plans before the government. Tfhe
necessary steps have been taken to secure Eu
ropan patents, and when all is complete, and
the machine in operation, we do not believe that
nations can hereafter afford to go to soar.
EL"'A GOOD WITNF.SS.--"Did the defen
daint knock the plainti down with malice pre
pense ?1" " No, sir; lie knocked him down with
a fiat iron." "You misunderstood dne, my
friend; I want to know whether he attacked
him with any evil intent." "Oh, no, sir; it
was outside the tent.". " No,-no, I wish you
to tell me whether the attack was at all a pre
concerted affair." " No, sir ; it was not a free
concer; affair ; it was at a circus."
3& " CLARA, did poor little Carlo have a
pink ribbon around his neck when you lost
him?'" "Yes, yes, the poor little dear, have
you seen him ?" " No, not exactly-but here's
a pink ribbon in the sausage."
W Who ever heard of a widow committing
suicide on account of love?7 A little experi
nce is ver whonesmem.
Written for the Advertiser.
I GIVE THEE UP.
BY JENNY WOODDINE.
"I give thee up-my heart too long has wasted
Its yurest Incense on a thing of clay;
Too long hath worshipped thee with blind devo
Go from my heart, I would not bid thee stay.
Take back the woids o'er which my soul hath
. Recall each smile, for I would fain forget;
Of all thepast, withevery fond, sweet, dreaming,
I pray thee leave me nothing but Agret.
I give the up-thou cold, but cherished idol!
Now to the world, Its noise, and din again;
Once more amid the mirthful throng I'll mingle,
And struggle to forget-alas! in rain.
I'll twine the festive garland o'er my forehead;
And mid the gay I'll be the gayest there;
Bright roses I will wear upon my bosom,
Ah I who may tell beneath them lies despair!
I give thee up-for I too long have made thee
A holy shrine whereon my heart to lay;
Too long have bowed my soul in silent weeping,
And drearr ed but of thee all the night, and day.
That last cold sentent e though so kindly worded,
Its bitter meaning was too plainly seen;
'Twas .like an arrow earlanded with roses,
And rankled in my heart with points as keen.
I give thee up-go w..o, and win another,
For I will not rewind thee of the 1b.t ;
Some lovelier form than mine in,t haunt thy
Forget the shadow thou o'er me hast cast.
Forget that thou hast crushed hope's loveliest
And taken of one life its sunlight all;
Forget that thou hast left the heart that loved
. thee, -
Bhrended la darknes like a funorAl pIlL
I give theo up-not once will I upbral.l thee,
Mine was the fault; for I wax ylf-deral'ed,
Thy friendship I mistook for dearer feeling,
And in thy love too willinuly believed.
Yet, art thou blameless 1 Oh ! if yonder heaven,
Can hold thee so, then will I too forgive;
Go, ask thy heart, and if it has no adder
To turn and sting, in dreams of pleasurelive.
I give thee up-and with thee too relinquish,
Each dream that made life's sunshine every
All confkice, and trust in mortals vanish!
If thou art false, then what, oh! what are they I
'Henceforth with heart as cold as yonder iceberg
I'll list unmoved to tales of human love;
If one so fair as thou canst be deceptive,
Faith should be placed on raught but things
I give thee up-I will not say forget me,
Too well I know thou never canst forget,
*Wien otier hearts their tales of love shall
Some memory of the past willlincer yet,
And in those halls, where.music has its dwelling.
Some voice will chant a long-forgotten strain;
'Twill strike the chords which silently have
Thou'lt think of me-ah ! yes with bitter pain. i
I give thee up-yet in the restless midnight, e
I know thoult'haunt me with thy calm, blue <
And I will dream of joys forever perished,
For love may fade, but memory nerer dies.
I'll see thee oft, when moonbeams sofi liesleeping,
I'll see thee as thou wert, not as thou art ;
And when I wake once more to bitter weeping,
I'll find thece still enshrined within my heart.
THE KANSAS CONFERENCE BILL.
EM A RK S O F HIO N. W. W. BO Y CE, I
Or sourru xAKouI, I
nthe House of Represental ices, 3d .May 1858.
Mr. Boyce. Mr. Chairman, I sought the floor
sme days since, as soon as possible, after the
gntleman .from Mississippi [Mr. Quitnmn] hatdr
stted his objections to the bill then before the
yuse, reported from the conmmittee of confer
ene in relation to the admission of Kansas.
Te high regard I have for that gentleman in
dces me to treat his dissent upon this occasion
frm the ahnost unanimous action of the south
e delegations in both houses with great res
et. The gentleman's objections to the pro
sedi bill were two-told. First, that it was a
lting down on the part of the South from the
sition we had hereto'fore held upon this stub
jt. Second, that the reference of the land
grat proposition to a vote of the people of
asas wa an infringement of State rigfits.
Een if I were to grant the truth of the first
jection, it muight niot. he conclusive; because
e question woudd still be, was the ptrest
aprooit ion wise? If. that question be answered
nthe aflirmnative, ns I slink it mutst necessarily
, shoul.d wecbe estop'ped fromn Laking it because ~
webad previously taken an indefenusible posi
tio7 I think ntot. If our pas~t position was i
uwisely taken, instead of clinging to error. we
sul make haste to put ourselves on tihe im
egnable ground of coinmon sense ud truth. I
it I do not admit that we have changed our
>und. What had we been contending for? I
Tat Kansas should not be rejected becaus.e she I
d a slave constitution,and that Congressshould ~
t intervene and prescribe how that constitu- P
in should be framed by the people of Kansas. r
Te bill from the committee concedes both of ~
thee positions as claimed b~y us. The bill con
cing both these propositions, only requires
th assent of the people of Kansas to what is
cfessedly a reasonable proposition in reference a
othe puliic domain. We have never conten- j
de that Kansas should be admnitteul with her I
just ordmnance operative in regard to the pub- F
clands. All of our action upon this subject t
a been in repudiation of that ordinance. We t
no say to the people exactly what we have ~
ad all the time-repudiate that ordinance,t
~ee to what is customary and rigl't in regard P
~the public land, and you are in the Union
der the Lecompton constitution; we only Ib
ay the mode of obtaining that result. The I1
irt objection of the gentleman from Missisuip- t
piis, I submit, unfounded.I
proceed now to the second objection. This ib
ruires a more extended consideration, and in- S
oves a wide range of argumentation on con- oi
ttutional law, which will furnish, I think, a
aisfactory answer to the objection.
he territorial legislature of Kansas called a :ir
svention to frame a State constitution. The rF
svention framed what is known as the Le
npton constitution, and applied for admission. hs
lhatever vitality this constitution has was de- is
-ie frm the territorial legislature. I consid-- ti
er that the territorial legislature had no power
to originate an authoritative State organization.
Certain provisions in the Kansas-Nebraska bill
have been supposed to confer this power. The
words of the said act bearing on this point are
as follows: The territorial legislature shall have
power over "all rightful subjects of legislation
consistent with the constitution aild said act,
and the people are left perfectly free to form
and regulate their domestic institutions in their
Dwn way, subject, however, to the constitution
of the United States." These provisions do not,
in my opinion, operate as an enabling act, and
do not therefore authorize thepeople of Kansas
to set up a State government in subversion of
the territorial government. These provisions are
to be consti-ed in subordination to the scope
and purpose of the Kansas and Nebraska bill.
'hat bill was a bill for a territorial government,
and all the po*er.i conferred by it are conferred
mubject to this idea-that is to say, the Kansas
and Nebraska bill confers certain powers of
self-government, but they are all to be taken
iubject to the continuance of the territorial gov
2rnment, and with that view. No power is
onferred under that act to displace the territo
rial government, and set up a new government.
Further, if the territorial authorities of Kansas
ould substitute a State government, what was
the necessity of the enabling act, which was
recommended by President Pierce in 1856, and
reported from the Committee on Territories t-o
the Senate? and why the enabling act known
i the Toombs bill, which passed the Senate.
md was swiained in the House by the Deum
rtic party? It would seim, from these- facts,
that the Executive, the Senate and nearly one
balf of the House of Representatives, consid
red an enabling act necessary; or, in other
words, that the territorial legislature did not
have power to set up a State government abso
lutely. If the Kansas-Nebraska bill is not an
nabling act, it is very evident the territorial
legislature could not, ex propria sigore, move
monclusively In the matter. The correctedoc
trine upon this point was announced by Mt.
Butler, Attorney General of the united States,
A the Arktsa Case, when the territolral l0gia
ature originated proceedhimg for a State otarhla
tation...that the inhabtants of h Tuerrtor.y bad
io right to do any at deAigned If ,aloulated to
mabyort op sup rsode the 1'xsting terrltorlal
rovernment, without the previous oansent of
.ongress, though they might peaceably assem
)le and sign a petition, and accompany it with
i written constitition, as a part of their petition,
'r authority to form a State government, pro
rided -uch iasures were in subordination to
he territorial government, and in entire subser
iency to the power of Congress to adopt or
lisregard their application. According to these
>rinciples, then, the proceedings which have
aken place in Kansas in reference to State or
;anization, have not, and cannot of themselves,
onstitute Kansas a perfect State. She is now.
only a State potential, not a State imperative, a
tate that may be, not a State that must be.
WVhat Kansas has doneamountsto nothing more,
n effect than a petition for admission. It is
rue Congress can waive objection to the irreg
darity: of .the proceedings, and consent to the
dinission of Kansai. *The ' 't6iefogirmay be
ufficiently binding upon the people of Kansas,
ut they are not of complete validity unless as
ented to by us. Kansas is not, therefore, a
'tate outside of the Union. She is only a ter
itory asking adnission under proceedings for
itate organization, binding upon her, but not
From the origin of the government to the
resent day, the power of Congress to govern
he Territories by some form of territorial gov
rnment has been universally conceded. It is
iot necessary, for our present purposes, to in
uire as to the source of this power in the con
titutior, its existence being a matter of general
unsent. This doctrine necessarily repudiates
rhat is called squatter sovereignty, and implies
hat no government ignoring the government
stablished by Congress over the Territories can
ightfully be instituted there without the con
ent of Congress. Upon this point we have the
uthority of Mr. Calhoun, who said, in the case
" My opinion was, and still is, that the move
nent of the people of Michigan, in forming for
hemselves a State constitution, without waiting
or the assent of Congress, was revolutionary,
LS it threw off the authority of the United
itates over the Territory, and that we were
eft at liberty to treat the proceedings as revo
utionary; and to remand her to her territorial
ondition, or to waive the irregularity, and to
-ecotgnise what was done as rightfully done, as
ur authdrity alone was concerned."
There is no mode by which a State govern
nent can be rightfully instituted in a Territory,
xcept by the precedent assent of Congress, or
subsequent waiver of objection.
As to the power of Congress to admit new
tates, the constitution says Congress "may
dmit" new States. This implies discretion,
tot an arbitrary, but a sound discretion. There
,re five distinct grounds, as I conceive, upon
rhich Congress may decline to admit new
1. That the constitution is anti-republican, or
t war with the federal constitution.
2. That the boundaries are not satisfactory'.
3. That the right of the general goverinent
a the public lands is disregarded.
4. That the population is not sufficient.
5. That the people of the Territory are unfit
lIn reference to the first gre~unud of rejection,
uppose a State should insert a clause in her
onstitution establi~shing titles of nob~ility, or
'rohibitingr the aendition of fugitive sliaves;
urely Congress might decline to admit her.
Lgain: supp~ose a State should extend her boun
,:rieis over ail thie Territories, or an undue por
ion of them: could not Congress reject her ap
lication? Or suppose a State confiscates all
lie pl~uic lands within her boundaries: shaill
be be admitted? Surely not; because the
ublic lands belong to the States for their com
ion benefit; and Congress, as the trustee for
he States of these lands, amuld not without a
ross dereliction of duty, abandon them to the
ihorbitant demand of an unscrupulous State.
uppose five hundred men apply for admission
sa State: .lhall they be admitted ? Certainly
o. Then population is one of the just grounds
>r rejection. Suppose the people of Utah ap
ly for admission: is Congress obliged to receive
som ? I think not; and [ say this not from
seir peculiar faith, but from their government
eing a spiritual despotism, which I think unfits
demn for the proper administration of thc re
ubican form of government.
So much on the principles of constitutional
.w applicable to the admission of new States.
propose now to make a practical application of
rese principles to the case of Kansas.
1. Kansas Is not a State out of the Union,
ut a Territory, applying for admission as a
tate, which may be so admitted by the waiver
a the part of Congress of all irregularities, or
hich may be treated asa Territory by Congress.
2. The population of Kansas being grossly
adequate, in reference to the standard of rep
sentation, not being over thirty-five thousand,
hen it should be ninety-three thousand four
undred and twenty, Kansas cannot claim ad
ission as aright, though Congress might waive
3. The Lecompton conventi* in violation.of
every consideration of right ad usage,. laid
claim, by the ordinance attacheo theirconsti
tution, to $9,000,000 worth of tle public land
in Kansas, when, according to the lberal g
heretofore made by Congress to the new Stafes,
they were only entitled to $4,000,000 worth.
If this claim had been made by a fre soil con
vention in Kansas, every fair mind at the South
would have revolted at It as a stupendons'enor
mity. Does the fact that the convention making
it called itself prc-slavery,and was presided over
by Calhoun Instead of by Lane, render It less
objectionable ? I think not. If the publia d&
main in the Territories- is to be surrendured I
should, instead of surrendering it to the unjust
demands of an inchoate State, infinitely prefer
to give it to the survivor of the brave men who,
in the wars of the republie, have defended'her
rights upon the tield of battle. This. action of
the Lecompton convention has always been ut
terly repugnant to miy sense of what was expe
dient and just.
Holding these views, I felt no difficulty in
acceeding to the bill recommended by the com
mittee of conference.
INTERESTING iND HUMOROUS ITEMS.
LW The Sunday Atlas, in a fit of Revolu
tionarv enthusimn, says:
"Hurrah for the girls of 70!"
"Thunder!" cries a New Jersey paper. "that's
to) d:rned old. No, no-hurrah for the &iW6
W SLAvERY is KENTrK.-The Louis-.
ville Courier says there is now an extraordinary
stampede of the slaves in that State. Negroes
are daily escaping from their owners in startling
unmbers. They go off, one, two, three, or a
dozen at a time. That paper attributes thia
unbsunl movement to the presence of numerpus
Abolitionists. It says; "Black Republicans are
as thick in these parts as wolves on a prairie,
It is almost respectable to bo a nIgger-steaaer."
AW A31 old toper was induced to t h1e
temperance pledge, which he kept r-l
for hItoa VeA, At 1#0t be got deelddI l y
and one ut 11 ftiend* WmalMlat4 V bha
for )Is faitilaanouasa his oblig*lla a 641
qvorod, ITo he ato, ie 4 I 4 14 ,
[ was treraendonsly dry sd all sitiis I in l dey
ZGW" t Plcerville, California, lately, 4
loafer mistook- 4 grmun4 glps.globe lamp wit
letters upon it for the queen of night, and eis
claimed: "Well I am cussed if somebody haint
stuck an advertisement on the moon." -
LW SzRvED Ht Rtour.-Afewdaysince
a man residing near Galena, Illinois, took a iQ
of potatoes to that town to sell, but. not being
able to get a higher bidthan ten cents per bushel,
he declined selling, and threw the load into
Fever river. le was arrested, thereupoh, taken
before the authorities, and fined $14,for ci
structing the navigation.
S " Why is the cutting off an elephant's
head sowidelydifferentfromcuttingfany qth -
head ? Because, when you cut.the headlfroru
the Iody yourdorsotseparatWfmn atriust -
SW Mrs. Partington says she was -much
elucidated last Sunday, on hearing a fine con:
course on the parody of the prodigious son.
Z3 A correspondent writes that while
travelling at the South he attended a negro
meeting, where the sable preacher offered an
earnest prayer for "de white element in our
j! Pity is akin to love, butoftener of a
purer origin. A fair young child may pity the
weak infirm old man. And nothing on earth
is more beautiful than infaney attending age.
W Printers with nine children are to be
exempted from taxation in the State of New
Very safe legislation that. We would like
to see the printer who had any thing to tax.
after feeding nine childred.
ZE' A young man in New York last week
advertised for a wife. In less than two hours,
we are told, 18 married men sent in word that
he might have theirs. Connubial bliss in New
York must be at a discount, we think.
ET A young carpenter, having been told
that the course of true love did never run
smooth resolved on going to court his young
lady with a fore-plane under his arm.
e Er A Shoemaker has one important ad
vantage over all the rest of mechanics-his'
goods, whenever finished, are always aoid.
W "Old Bob," a negro Drummer in the
Revolutionery war, died recently in Elbert co.,
at the advanced age of 107 years. lHe was,
present at the battles of Euraw Spring, Guil
ford Court House and Brandywine.
g" From the time consumed by ladies in
" doing their hair," it is evident that this is the'
nane part of the business.
fE' To give brilliancy to the eyes, shut
them early at night and open them early in the
mornng, and let the mind be constantly intent
on the acqui.ition of knowledge, or on the ex
ercise of benevolenat feeling.
gr A modern writer says: " It may seem
strang~e, but it is a fact, that men generally are
mnmch more afraidl of women, than women of
me. B3rown remarks, that the fact is not
"strange" at all; for in both cases the far is
proportioned to the danger. Canudid, but una
g ' The COmham (Miss.) Citiz of the
1st May informs us that a white man, known
as Joe Dono, hailing from Chicago, was, on
Thursday last, tied to a sapling in that vicinity
and lashed with hickories for tampering .with. -
slavcA. The castigation was admainistered by a
negro woman whom he had tried to induce to
S" The Kansas land sales, by order of the
President, have been postponed from July to.
lOctober. The postponement was asked by the
people of Kansas.
Er HlwiPazrc.--At the male of the es
tate of Samue! Hawthorn, deceased, in Wash
ngton county, Virginia, last week, three hun
kred and thirty acres of land was sold at $:Ni
per acre, and thirteen negroes-six of them un- .
ier nine years of age-for $11,000..
SW I dandy phrase a slice of ham is called
'Rn elegant extract from Bacon." Only used
n polite circlcs.
E' A young poet out West, In describing
heaven, says: " it is a worl of bliss, fenced In
W "John you seem' to gain flesh every,
lay the grocery business must agree with yen..
What did you weigh last 1" " Well, Simon, I
really forget now, but It strikes ms It was a
pound of butter."
- STnaasis aman in one of'the~~ez
States who has moved soh eften thalt
i covered wagon comes na ihiii~
ens all march up and fall on their backs, a
cross their legs, ready to be4Iedliid eanMI to -
the neit mcnsds elaa. .2