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; I.tt. EOOTII, Lditor and rubllsher,
The Joonsut., is published every Saturday morn
Vij Offic In Buckland' Brick Ilnilding third
storyi frmont,8ndaky coontyOhloi .',
. ' f ' 1- ' '- ' ' - V'' '' '
f,,1 V- TERMS. ..v. .'.
Singt opy, pr year, In advene. : . 1 00
P.lrf Within the year, , -, ' ' 9 00
TownSUbcflbrwillbciiarged fl 73. The dif-
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-t-dellrredlntwuendthoant by fnall,locc
ijnedbytheaxpenaeofoarrylng. : . -
How to Stop Ppk. First seathat you ha
spald for it np to the time you wish it to atop; notify
'th PotMnsterofyortrd)sir,ridhk him to no
ftify the publisher.under hia frank ,as be ia author'
lead to do of your wish to discontinue. , ' ... -
HATES OF ADVERTISING. -7 '
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Two aqnareeSl montha......... 6 00
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'l - FREMONT JOURNAL
Wears now prepared to execute to order, In a
-trealand expeditioua manner, and upon the fairest
Jjrrnsj almost all descriptions or
: . JOB PRINTING;
, SUCH AS
Business CARDSt .
ClRCOTARS, , "
Bhow Bn.t.s, ,
luSTICBS' Bt.AHI.S, ,
Bii.i. II K ADS,
But.s or Ladijiq, .
Uf Casks, -
' VV would sav to thoae of ourfrienfla who are in
want of anch wo, you need not go abroad to (ret
t done, when it can be done jnrft aa well at noma.
I. O. O. V.
Croohsii Lopor, No. 7T, meet lit the Odd Fel
'lows' Hall, in Buckland'e Brick Building, every
'Saturday evening. . -.
PASE& nonritTS,( .
: . HANurACTcnsKa or , '
Copper, Tin, nnd Slicet-Iron Ware,
An nKAi-FRS m ..
StoTes.Wool, nirtcs, Shcrp-pclts, Rags,
Old Copper, Old Stoves, tc, fec. :
:JJ.BO,AlL SORTS OF OBSCtSB TAKKF.K NOTIONS
Icslsc? Urirk niocK, JTo. 1.
FREMONT, OHIO. . 32
T. P. F1NEFROCK. ' J. P. TRICE.
PI S E FROC K & PRICE.
'Omen -In Sharp fe Shomne'a Block.
STEIMIEX IllCKIiAXn Ac CO.,
' ' ' DEALERS tN
Drngs, Wedlclm'S, Paints3 Dyc-StufTs,
Book, Ptationnay, Asc.i
, : . 'FREMONT, OHIO. .
O..W. A" C. S. JIilUli,
Atlorncys and Connscllors at Inw,
And Solicitors in Chuncery,
, r... FREMONT, OHIO, - ......
Will attend to all Imsiness entrusted lt);their
care in Sandusky and adjoining cnuntiea. -
Also general land, collecting and 1 insurance
' ID Offick Upstairs, opposite the 'BaiiU-.'
. OEOnCIB W. QLICK. . OIIAS. 8. a LICK. !
. . nt'CItliAJVn & EVEItETT,
Attorneys and Counsellors at Law,
And Solicitors in Cliftnwry,
"tT 7"! fjj attend to Professional business and Land
VV Agency In Sanduaky and adjoining counties.
Onrici 'id Story Buckland'e Bfock, Fremont.
R. P.- BucKLAari. ; , Homer Evkhett.
Jannary 1st, ;
" ' CIIESITEII EDGEnTOXl
'Att'ey and Counsellor at LaW)
And Solicitor in Chancery, will cnrefnlly attend
ia all profesaional business left in hia charge. He
willalsoattendto the collection of claims & c, in
ilia aud adjoiniug counties. ... .
Office Second atory Buckland'sBlock. -
; - ' ' FREMOMT, OHIO. 1
GHEEXE Ac 3IUCJ, -'Attorneysat
l.atr & Solicitors in Chancery,
- Will give their undivided attention to profession
l business intrusted to their care in Sandusky and
. Olfice In the seeondatory of Buckland'aBIock.
Attorney aud t'otmscllor at Law,
ALSO FIRE, LIF3 HKALTII INSURANCE AGENT
j -' . ' Clyde, Sandusky County, Ohio. '
. JKO. nBATON. ' ' ' ; I. A. WARD.
. . - IIEATOX As 1VAI,
. Slttornctio at faun - , ;
V -v ' FREMONT, OHIO, ' . ' ' "
- 'Will promptly attend to all professional business
'entrusted to their care. . .
. 'Office In aharp'a New Briok Block,
1j. t Parker Surgeon Dentist,
TJ'ESPECTFULLY tenders profession ulservicea
A Via the citizetiaof Fremont and violnKy.ellope
'Tatiune rotating to the preservation and 'becuty of
'the natural teelh,.or the insertion o'l artificial teeth,
on pivot, gele or silver plate, done In The neatest
'manner. Ha lain possession ofthe latest imprcve
msilts now tn Use, consequently he flatters himself
Hhat he ia prepared to render entire satisfaction to
those who may desire hia aid iu any branch ofthe
- "bemoan E.ifteraiimmiaiereu,auaieeinexiracled
OfTicein Caldwell's Brick Building, overDr
Fremont Jan. 84, 1851. -- - -
Mutual Fire Insurance Company.
, Jl. 1. llUCKr.AlVl, Agent:
. FREMONT, OHIO.
l)If It. S. 1UCU.
'Continuesthe practice of Medicineln Fremont
and adjacent country. - . '
Oehob, as? ormerly, on Frontstrcet, oppo
site Deal's new building.
r- Fremont, Nov. 23, 1850. 37 '
NORff ALK OHIO.
' P. II. BEERY & lino-,
Dealers tn the Latest Importations of Staple, and
ANCY DRY GOODS, LADIES DRESS
' Goods, Shawls, Bonnets, Boots, Shoes, Hals,
Caps, Carpeta, Groceries, Crockery, Lookiue
CLIDE. OHIO. - . 13
r, b. BiEity.
, sdward beery;.
1833. .... . .. - . 185S. f
-ciiCncii, If AYES tV CO.,
. lyjtuletnle Dealer i in '
Straw 25oob, (Sroeeriei,
ntTC rine haatq inn ciinra .
Xron, nail , Glass, OUss-Ware ,
' -And Pithhutg Manufactures in General. '
Norria' Block, No. 4, TOLEDO , ?IT?
Anil, 'i'Jf '53. . i 1 '
' VOLUME I. V FREMONT. SANDUSKY COUNTY, OCTOBER l, 1853; . - : NUMBER 30. :
I' il fcii i" m a in n in iii -in rhiiiaB. ill r r - 1'r - 1 - i - . ' ' ..-.
If If U M vA - - - - .-.
o y xj R A JLj -'3
The River of Tears.
BY H. N. POWERS.
In the ghsstly dusk of cypress ahade, ' '
O'er the baaton sands of a dismal jladev
The River of Teara, with a ceaeeleas flow,
Hells its bluer waves of human wo.
The herhless mountains that (rird the Va'e,
In an endless dawn, stand cold and pats.
And the lustreless clouds drop don io low,
They touch the face of th stream below.
No honeyed blossoms breathe hale around
In tit funeral ploom thar Shrouds the ground,
But dark, rank weeds reach greedily o'er
To sip the surge on the level shore.
Wild shrieks oft startle thedurky air, .
And the smoothered howl of mad desnair, .
IKhile the pleading wail of love's last cry
Floats o'er the waves to the leaden sky.
In aimlesa courses deep foot printa go,
Of the suffering orfes of long ago
Aa the sad procession, with (leaped hand,
Went wandering over the barren sands.
In the sullen shodows brooding here.
Stalk pallid Borrow and Shiveri ng Fear,
Frail Youth, bent Age, and the bad and bold,
And the gentle and good whose lives grew cold.
In hopeless anguish soma hide their eyes,
And with pale, wan looks, soma watch the akiea,
Some beat their bosoina with frenzied stare,
And aouie feel round ia the empty air.
Thua in mournful groups they come and go;
None tells to another bisweicht of wo:
And the swollen stream, 'neaih the dusky ahroud
uoessowa io us sea 01 noiseless cloud.
A ReShkiscenck of Grattan. On the e
lection in question, I was .proposed by Mr.
George Ponsonby, and Bpon Mr. Urattan ris
ing n?xt to vote upon my tally, he was imme
diately objected to as havivg been expelled
on tho report of Lord Clare's committee. A
oursi oi muiL'nniion on luo one - suia, nnu a
boisterous declamation on the other, forthwith
succeeded. It was of an aWminir nature:
Grattan meanwhile standiny" silent, and regar
ding, will) a smile of the most intlfablo con
tempt ever expressed, his shameless accusers.
1 he objection was made by Mr. John Gilf.ird
of whom hereafter. Oa the first intermission
of the tumult, with a calm and dignified air,
but m -Iliac energetic tone and style so pecu
liar to himself, Mr Grattan delivered the ' fol
lowing memorable words memorable, be
cause convey g in a lew short eentenees, the
most overwlieliiining philippic tho most irre-
sistuble assemblages of terms imputing public
depravity, that the English, or I believe, nnv
other language is capable of alFording; -"Mr.
siienir wiien 1 observe the quarter . whence
the objection comes, I am not surprised at its
being made I I t proceeds from the hired tra-
ducer of his eounlry the excommunicated of
Ills lellow-oitizens the regal rebel- the un
punished ruGinti' the bigoted ngitator! In
the city a firebrand in the court a liar in
the -streets a bully in the field a coward 1
And so obnoxious ts ito to the very parly he
wishes to espouse, that he is only supportable
by doing those dirty acts the less vile refuse
to execute." Giffard thunderstruck, lost his
usual assurance; . and replied, in -one -siocle
sentence, "I would spit upon him in a desert!"
wind) vapid and unmeaning exclamation was
his sole retortl
An Inisn Judge. In n celebrated cause
ofthe King against Heavy (in the kings bench)
mr. L-urrau ana l were Heavy 8 counsel, and
afterward moved to set aside the verdict on
grounds which we considered to form a most
important point, upon legal principles. ' Cur
ran bad concluded bis speech, and I was sta
ting what I considered to he the law of the
case, when Lord Kilwardcn, impatient and
Odgetv.jnlerrupted me "God forbid, Mr. Har
rington," 8:ud he "that should be -law 1" "God
forbid, 'my lord," answered 1, "that it should
not be the law." "You are rouiih, sir," ex
claimed he. "More than one of us have the
same infirmity, my lord." "I was right sir,"
said lie. "bo was I, mv lord," returned I.
unbendingly. He fidgeted again . and
looked haughty and sour. 1 thought
he would break out,' but lie only said.
"Go -on, sir!" I proceeded and, while I was
speaking, lie wiolo a note which was handed
to mo toy the omoer: I kept ft as affordintr a
curious trail ot uumunxtiaraoter. It ran thus-:
"Brtwington, you are the most impudent fel
low lever met. . Uome and time with me this
day nt six. You will meet some stranirera so
nope you win . Dcnavo yourseit tbouL'li 1
have no reason to expect -ill
1 A case of slander occasioned soma trouble
at Paris iu the time of Louis XII L, arising from
f !l I A W . !
a curious misapiirenension. A .uonsieur V au
colas called on a widow, Madame Pilou, to in
quire as to the renting of n bouse. Her inti
mate -triend, Madame de Lastille, chanced io
have chared her bed the night previous, and
the gentleman calling early, was asked to
speak to the fair proprietress, without troub
ling her to rise. Sbo bad been in the habit
of making herself younger looking, by shaving
anu was, ai mat time living in secmsion, bm
in the enjoyment of a luxuricnt beard. Mods,
Voucolus, seeing one of the occupants of Ihe
Dad bearded and the other not, naturally mis
iook me matter, and circulated an injurious
report accordingly. " It was corrected, but not
till arter some perplexing circumstances.
. The ' Mtnaaiana' cives tho following un
complimentary explanation of the reason why
muies aie noi oearaea oy nature;
ais-tu pourqnoi, clier camarade", .'J:
Le beau sexe n'ect point barbu?
Bubillard comma el est ounaurait jamais pu
i.e raser sans esiamaue..
or, in simple English, because woman never
oould hold lior chin still long anoueh 1 to be
shaved (But it is audacious in us, even to
quote sucu a calumny so - immediately upon
the heels of a Woman's Rights' Convention.)
II om Journal. , . r
Milwavkis, Fond du lao and Grki bat
Railroad. The Cominoa Council of Mil wauk
have delivered two hundred thousand dol
lars of City bonds to the Directors of the Mil-
waukie; Fon du Lao and Green Bay Railway.
The wole road ia now , Bdor contract, the
iron for thirtv seven miles bouorht to ba Jeliv-
ored this fall, and two locomotives are now
buildup m Miliraukie for the Company,
ART OF CULTIVATION.
There is no art of so general intesesl (is
(hat of vegetablo cultivation which hns re
ceived so litile mention. Uniil very recent
ly comparatively speaking, no attempts
wtre mado to systematize and roduco to s
cerlainly the various discoveries of the
principles of youth In tho . vegetable king
dom. Tho ignorance and supcrsliiion nf
many of the Ancient nations, together with
their warlike . Characters, . prevented them
from giving that attention to this important
brunch of domestic economy, and fruitful
source of national wealth and prosperity,
which it has received in more Modern times.
The nations of antiquity the Romans, the
Athenians tho Lncedsomonians and the
Macedonians, although they had made csn
S'der.ible advance! in tho Arts and Scien
ces, were yet almost entirely ignorant of the
principles of vegetable economy, ow;ng no
doubt to tho warlike propensities of the more
wealthy and respectable citizens, who let no
favorable opportunity for pillaging 'heir
woaker neighbors pass unimproved. Thus
they obtained the necessary food for the
sustenance of themselves and their families,
partly from tho plunder and subsidies re
ceived from (ho vanquished enemy, nnd
partly from the fruits of the earfn at home
which was cultivated only by slaves or serfs,
who cared no farfher for the success of their
labor than to be snppliod t'lrenrselves with
lood. 1 bus il was that no progress was
tun do among these niit'toTrs hi (Irs most viil-
nuulo and necessary of all Arts. The Eirviv
liaun, though laying claims to somo pro
ficieney in the Sciences and Arts, gave no
attention to the investigation of the variolic
circumstances favorable Io the full and per
fect development of vegetable organization.
And this at first -sight may-seem strange,
when wn look at the great lit: in her of popu
lous and powerful cities, flourishing almost
within sight di each other, and 'nke into con
sideration the fact, that if tho surface ol
Egypt is a 'barren, irrcclaimablo deeerl,
whoso sands can never bo clad with green,
except hy those causes of Naluro which are
silently nt work WxoiTVeTt their barrenness
to fertility. It is tfue thrlt the Egyptians
were a more qniet:peoplo, and less given to
war and plunder than, their contemporaries,
the Macedonians and those nations before
alluded to. It is also true that fliey'werc a
laboring petjplo, rrs is clearly proven by those
snipcndous ruins of onrient temples and
wasted cities, Which -so thickly dot either
side ofthe Nih from Upper to Lower Egypt.
All Ibis would seem to present nn opportu
nity lo the inh.ibil.1nts of that country to
eullivate and thoroughly understand the
principles of vegetable physiology. Indeed,
the crowded state of the population, the vast
number of cities and the union nt -of persons
mgngcil upon the Public Works, and who
must all be supported by the productions ol
their own soil, seems as tliongh it must have
rendered it absolutely necessary that 'the
farmer should understand perfectly fio nr'
ot attaining the greatest possible quantity
of nourishment from a given spaco of ground.
Yet when we come loludy the geographi
cal and geological peculiarities ofthe conn
try, wo shall -perceive at . once, dial Egypt
is ihe lost country where the art of vegeta
ble cultivation needs to bo studied. The
productive portions of Egypt consist ofthe
Nile and tho sea board. The sfrii) of land
bordering upon and forming the'eoast of the
Mediterranean Sea, has a powerful soil,'
whiclswhen taken 'm Connexion with the
fine effects of the sea breez s and the natu
ral luxuriance of the -climate, renders un
necessary any attempt to increase the uhuii
dance'of tho crop.. But theso apparently
great advantages which ' tho sea coast en
joys, sinksintoinsignificance when compared
with the agricultural advantages which the
Creator has bestowed upon the valley ofthe
Nile. Tbii garden of the Earth, "(and tho
expression is by no means extravagant) ly
ing along npon either side ofthe Nilo, and
following its mcanderings from its mouth ni:
tho Mediterranean for thousands of miles, !
back into tho deserts of inlerior Africa, be
yend tho bounds of civilized acquaintance,
is, without doubt, the most productive coun
try on the) globe. But the portion with
which we have at present to do, and the one
by far tho most . interesting, extends from
the Deltas of tho Nile, back to the first cat
aract on the border of tho Kingdom f Nu
bia, and varying in width from ono and a
huff to twelve miles, This vast tract is in
undated each year by tho annual swelling of
the waters of the Nile, which torrrmencea
about the 20th of Juno and combines to in
crease until about the 1st of September,, nl
which time they reach their nrme and be
gin to full. The immenso deposits 'Created
J i - ..: .... ... . , .
upon the submerged lii'ids, aro left by the
falling of the waters, in. soft,: slimy con
dition, and in a proper situation' to receive
tho germ and send it bubblins " forth in' rank
luxuriance, but so plastic as lo forbid tho foot
ofthe husbandman, and ho has rccourso to
Ins boat, out of which tho wheat is scattered
upon the land as tlie' waters retire 'Tlje
kernel sinks beneath the soft surface which
cloeea abovo it, and thus protects it from ilio
depredations of the birds, and the loo tropi
cal sun. The work of germination now be
gins. Tho husbandman retires to his abode i
without the least solicitude for llm success of
liirt labors, feeling a certainty that tho grow
ing crops, wanned by the sun and moisten-
eu ny i n o dews ol heaven, Will yield him a
rich reward for his pains. Ho is relieved
from all fears of drought fas tho dews of
night yield a plentiful supply of moisture)
or o'flood, for rain along the valley of the
Nile would be a curiosity indeed. As the
entiling harvest season approaches, the Nile
appears lo ba hemmed in on either side by
i . . . . . . .. .
oeiis oi vegetation, running through all the
different stages of vegetation from the wheat
upon tho margin f the straw just putting
lorih us heads, to the rich brown of the out
crmost bell, ready (ur the sickle, and which
i. . i . i . .. .. .
inarK ino nrsi moors oi trie husbandman as
"ha waters subside. Thus it will bn per
ceived, how unnecessary for the cultivator
lo spend his lime in striving to improve the
quality of his soil, whon already in each
successive year, (except in caso of a failure
of tho animal inundations) the ground groans
under tho weight of its burthen. But there
f .Ml . a .-.
is si 1 1 1 nnoincr roason why tho I'.Evntians
neglected the study and culiiva'.ion of (his
art, and ono too, which applies with equal
force to crch successive, nyo, down to flie
present. 1 hove before remarked, the cul
tivalion of ihe soil was entrusted to serfs or
staves, during tho age ot those nations lo
which I have before referred. This prac-
lice which baa so long been established,
now kept up Htter the cause, for it had
ceased to exist, and the tillers of the soil
wero lor many succeeding generations,
looked upon as debased and ignorant ; and
as is generally tho case, the fact of their
being so considered, mado them such. It
was not until tho clouds of superstilon were
rolling away, and the light of science begun
to break through and disperse the gloom of
ihe d irk nges, thai the culiivation of the soil
look a stand, in advanco of its fnrrnor deg
radations, as an employment. The accu
mulation of human beings upon the surface
of tho earth, and moro especially' on the
Western coasts of Europe, begun to render
a stricter economy of the' production of tho
soil necessary. The attention of tho more
learned was now called, to this . important
fact, nnd in proportion as this imparled dig.
nity lo tho occupation, in tho same ralio did
it advance in excellence. It was no longer
the work of slaves who sowed without ca
ring what (hey reaped ; but it was the slru--
ijle for superiority among the heller classes.
And thus it is with every business, nnd
every profession. Attach dignity to it in
tho minds of tho public, and you will even
tually secure for it, an excellence before
iiualt'iliud by lis members. Having glanced
rapidly nl the progress of ogriculluarl edu
cation in tho Eastern Continent, we shall
c.loso this essay, by promising a brief roview
of tho same In ihe Western Hemisphere in
our next issue.
NO. 1. Is a Law Prohibiting the Traffic
of Intoxicating Liquors Constitutional.?
Tubs. Com- As the question of legal interfer
ence with the liquor traffi j is now agitating the
public to a hitherto unprecedented extent., and
the Enqiiirei , in Ita leader of the 19th instant, haa
attempted to prove that the constitution itself hn
deprived the Legislature of (ho power to interfere
with Its aale, and confined ita ' notion to the evils
resulting from seen, sale, i hops yon will allow
me, Ihi-ongh your columns, to attempt an arma
ment, lo my mind satisfactory, in favor of the
proposition that it is strictly within the spirit mid
lerter oi me constitution ofuino, lhatths Legis
lator should, if thoy and the people deem it ex
pedient, utterly und eutiraly prohibit the manu
facture or aale of intoxicating liquors as a bever
age. Aa in the course ef this article I shall have oo
oasion to quota somewhat freely from the procee
dings and debatea of the Coustitutioual Conven
tion of lb.'iO, I am fearful of trespassing upon your
patience, if not that of your readers; but, consid
ering the importance of a correct Understanding
of this question, and Ihe fuel that let the result,
so far aa Legislative action Ia concerned, ba what
it may, the effect ofthe present agitation of lha
public mind will nndonhledly rasnlt in much
moral good. I am led to hope, that yon will par -mit
me to cccnpy ao much of yon r valuable jour
aal as will sulfioe for a fell consideration and ex
amination in relation to constitutional power.
In examining this eubject, 1 shall disembar
rass h of all questions ariemu upon the Maine Law
aa it is called, or any oilier tpreial enactment, and,
by confining myself to the simple quesliou of con
stitutional power 'to Idterfere with the traffic.
leave th particular manner of that interference 'to
be decided by the people aud their legislative ser
vants. The Envuirerjlri common with all who deuy
the right of legislation on the tralflo itself, basea
ita argument upon lh peculiar phraseology of
the constitutional provisiou in relation to the mat
ter, and claims that the words, "but the Geuaral
Assembly may by law prtvido against evils resul
ting therefrom,'' taken iu oomieotioa with the
prohibition against granting licensee,-contained
in Ihe first part of the aeotiou, limits and coufines
the legislator in its Operations, lit the et ilt of Vie
t'ojic, and lakes away all control over the ihinj ;
which producea those evils, to wit. the tru.Ho it
selfor, iu other words of th Enquirer, The ',
constitution doe not propose lo iuterferer with
cause, only the effect the 'result," Now let os
apply the strictness of language, ued by th Eu4 j
quires to the tint part Of this provision, and aee
what would ba th result:) " no licaua to tratuo in
iutosicatiug liquors shall hereafter b grautedin
this State." Now, Webster defiuos" license" 10
b "leave, permission, asthority, or liberty to du
or forbear a, particular act" i)l, thus dotiaed,
thia olsuie of itself amounts to positive and sa
tire prohibition ofthe tratHc itself; thus, "n leave,'
'HO permission," authority," "ni liberty," shall
hereafter be granted to tralai in iutoxioaliug liq
uors io ihia State; and thia, Enquirer saya, uieaua
thai hereafter everv oua who oliosas. shall hasa.
"(uttkunn," 'full nermunoiu" " aMitrilv." and
liberty,1 to do this thin?. - unrestrained bv mnv
law, and above aud in spit of both legislature
aud penpl. . Dues any aeusibl uuu belie v iu
such absurdity? , .
li you may uot mterfcr with th traffic j what
becomes of your laws piohibiling th sal of lis,
uor on Sundays (An punishing th aale lo mi
nors or Insane persona they are both legislative
acts, directed not against the effect, the "results,'
but the Irartlo itself, "lbs alo" and if these are
rich!, and th Legislator hiv the piwer to aay we
shall not aell on one dav ofthe week, or to tpar.
ntHiayrpertcm or ciaea or persons, where Is th pro
vision (hat require ynn to atop here, and not pre
vent lh aala on the other six day of th week, or
to any and all other peraoiisr lfthere is aay
power over ine iratno itsen, ti any eaienl, where
ia Ihe line of demacation, and who shall aay wh en
mat tine ta reaction r
The truth is, the constitutional provision
mnkes no change in th power olths Legislature
over this business, except (hat It prohibit the
granting oi permission to particular person to en
gage in it to th exclusion of others, leaving the
legislature me earns right to sustain or abolish il
if found to be detrimental to the interest or poace
oi me community , whicti It possesses over every
other trade, Imsiness or occupation.
If the "evils resulting" from the liqaor traffic
are ao great that nothing short of utter and entire
prohibition will "provide against" them, then it
ia strictly and clearly within the Legislative pow
er to apply the remedy if the effect" cannet
tie prevented without destroying the "cause,'
tl "cause" must go.
But to set this question entirely clear let us ex
amine the debates and acta ofthe convention, and
see what was the intention and opinions of those
who proposed and those who opposed the provis
ions on this very subject. This mole is not how
in the construction of either constitutions or laws;
the intention of the enacting power is daily re
ferred to by ear highest Courts in th construction
of wordsofdonbtful import so (hat intention is
gathered from their acta and speeches. .
On the 31st of January, 151, this clanse be
ing under dissenssin in the convention (see de
bales, pnge 44G), Mr. Sawyermoved to amend
by sinking out all after tke word "State," and
inserting, in lieu, the following, "nor shall the
General Assembly ever prohibit euch traffic"'
this would have made the section read thus: "No
license to traffic in intoxicating liqaurs shall
hereafter be granted in this State, nor shall the
General Assembly ever prohibit such traffic."
Here then was the direct qnestion. In a vote
on thia there could be no mistake as lo the inten
tion ofthe members of the convention, or their
wishes on the subject of debarring (he Legisla
ture of all the power ovor the traffic, it was de
bated all day, aud upon the vole being tak:i il
stood, ayes 12. nays 81 decisive enough, in all
conscience, of tho intention to leave the Legia
atnre free lo prohibit Ihe tratHc if necessary.
It is a universally admitted rule, iu the con
structing of statutes, to consider first, the old
law second, the misuhiel and third , the rem
edy; and I can see no good reason why the same
test may not be applied to ascertain the meaning
which is to be attached to ambiguous or doubtful
sentences, when such occur in a constitution.
I shall,1horefo.-e, avail myself of this mode of ex
amining the second part of what is called the
Liquor Clanse inourJlate Conslituliou.
Our old Constitution n-as silent on the subject
ol Ihe liquor Iratlic, as well as aH other ot the
different channels of businass, and Legislature,
therefore' when it first introdaced the license
system, as it haa been called, did ao coder its
general power to guard the public morals and
huppiueos. and if it were needful to effect this
to restrain men in their otherwise-inherent rights
to an extent sufficient lo attain the object sonirht.
At the time nf the formation of the new Con
stitution, the liquor trallio was under a system of
partial restsamt, based upon the annulled fact
lhat jts unrestrained enjoyment was incomputa
ble wilh Ihe well beinir of soc':tv- Unlike all
other avocations, the retail of intoxicating drinks
was conhued theoretically to those who could sat
isfy our courts thev were men of sufficient moral
character lo be entrusted with a business so dan
gerous to the public peace.
1 here were, however, in this State, a large
and respectable boby ofcitisens who believed that
our General Assembly had no riehtto debar any
one from the free exercise of any business in it-
sell ngiu, or to legalize a traluc if that trutlic
1 her believe the liquor traffic came Ouder the
latter category that it was wrong: hot as the
broad seal ofthe State gave lo the traffic a qttuti
respectability, in eyes of many, which its owa
own nieri'.a did not deserve, they petitioned the
servants in the Convention to take from it the
protection thus offurded, and leave it to atand or
fall, iu pubho opinion, by ita own unassisted ef
forts and the benefits or evil a which followed in
its train. In accordance with their petitions, the
ciaus now iu the Uonstitetion waa adopted by
the Convention, aad especially ratified by the
This clanse is by this time well known. It
provides ihat'no license to traffi-! in intoxicating
liquors shall hereafter be grauted in this State;
but the General Assembly may by law provide
against evils resulting therefrom. Aud it i
upou the peculiar phraseology of (his latlerolana
lhat it is claimod the disability of the Legisfatnr
to interfere with the inannfactere of sale of in
toxioating liquors arises-.
Now the old law was, irtnw; the mischief Was
that this license conferred respectability on this
traffic which its Intrinsic merits did not warrant,
and the remedy aought to remove Ihia bastard
respectability-, mid leave th Ira Ilio to atand or
fall aa it might commend itself to public opinion,
or merit its reprobation. And the odvocales oj
the measure mast have been double diJtilled idi
ots, to concoct and labor through an entire wiuter
lo procure the adoption of a measure which would
remove the (light restraint ou a gigantic evil al
ready existing, and at the earn time place an in
separable barrier to the substitution of any ether
restraining power. Still, if thoy have done ao,
they mual abide the event. ;
ideuv. however, that aunh ia the nan: anit
shall endeavor to prove that 1 am right iu. lhat
denial. - '
It will be admitted. I suppose, that those
words mean umalhiuc that they are operative
and ooufer some power to some extent, ou th
Ueneral Assembly of Ohio. Alow, I assert that
unless they cunteron the Legislature tho entire
control ofthe traffic, so fur as restraint ia concern
ed, they hav no operative effact at all; are per
fectly nugatory, and from their generality, aad,
il 1 may com a word, in laugiblenesa, ar aa if
they luu novar been.
"May provide ajainstevils resulting therefrom."
Now, 1 suppose, with lh Eiquirc; (but an
tecedent of lliesa evila iathe "tratCo," ltcannut
be "license" lhat ia abolished; aud, if yon lake
lh words "intoxicating liqtsors" for Ihe antece
dent, it amounts lo iti same thine aa lh word
"trallio" in this cjuueutiou. . : .
It is Uia "evils resultiair from lh trafHo in in
toxicating liquors ,' therefore, which th Legis
lature is empowered to " provide against" by law.
But what evils drunkenness how? inerelv bv
punishiug the drunkard You have always doue
mat aiuce liquor was inveuted. Ur, must the
Legislaturs confine itself to providing iails for the
felor.s, aaaytu ms for the lunatics, or poor booses
for th pauper by (he- "liquor trails?" Th4
waa lis uecass.lv for a anscial provision iu ilia
CousliUtiJu to enable the legis alure to do lhat
i ney nave Deen aoini it ever :n Unio-wasa
State.- ' - -
How then will von ttukethess wirJs onarativa
and giv them a vitality, for goad! By. giving
tUeiu a common sensa coustraelioa jus com.
meusurate with the evil "to b provided against
and which will protect society," agiinst being
made felons, paupers and lunatics shut p Ihs
manufactories of these exoraaanee ea th body
politic, aad remove th 'srt'oct' by deitrying lh
cause.' if th liqaor clause iu the Constitution
doss pot mean this, it means nothing, and ao tho't
those who adopted it as a part f th Constitution,
Ainoug all lh nitmbar uf th Convention wba
spokaou the subject, but ous(Mr. Taylor,)oUim
ed that )h olaus under onsideratiou would re,
strict lh Legislature in filter from legislating
against the iraQlq. II supported it originally oa
that ground) but on hearing the debate, aad, a
he says himself, being told that "lliey (th fnendj
of th maasur,) in leu Jed to go bv for lh legis
lature, and agitate for h prohibition of the sal
of iuluAicitmy litiuors," (aeevoi. ') Canvautiou
D ib lies, page 716,) ha withdrew hii supportaad
voted against It Mr. McCormack, Mr. Nash.
Mr. Slant n, Mr. Lawrence and others, ia favor
or th law; and Messrs. Rseinehn, A chbold,
Sawyer, and all who opposed the law coincided
an thing, tit: that the clause, taktn together
Would leave pjwwr in the Legislature, IT it was
thought expedient, ts utterly bolih th traffis.
i It would be easy, by extracts from Ikes debates,
to shew the unanimuity of the supporters and op.
nents ofthe measure en this point but it would
exteud thia article t to ncousoinabi a length.
1 hope you will indulge me, however, in giving
extracts from the sei-cke f two of its most stren-
uous oppoters, ( Messrs. Heanielln sud Aictibulil.)
ns iney are cumins, as discovering camr hun t
what would hi; th effect ef obelisking license, up.
on lh public opinion, and paving the way for the
final extinction nf the traffic. .Air. fie-meliu
says, (pae7il) "And these temperance wen are
not shy about telling as their object! they kno
that If we repeal the lijonso lavvj, liquor selling
will become eoramon, and that tka land will bcJUUd
tftw enmet at a enntcqence; and then, having a
claUHi in the constitution which permits thorn tn
Irgislnte against the evils resulting therefrom,
(their nwn provision having produced the evils
which they desire for effect,) they will be ready,
by ponilontiary clauses, to suppress not only the
tr.ijjiic but tha manitiK-rnre, They want a cause
for n general ln.v te suppress the traraic throtttront
the State : for Ihep could so upon irrerisUble claim
fer such a law. ou account of lite neeemty to tupprtu
Mr. Arehbn'.d (pttr 717.) say s, "Rum. brandy,
spirits. will How from ton thousand fountains will
be retailed from counties) hotels, all ever the Hnri,
until th evils nf intntnperiii.-e wilt become so ur
s'ent ns to cninm-ind of tlio Gonei-.i Assjmbiv the
onlu remeiti in its power, and that is the total abi-
lilion nf the brtirmi of making or vending tpirUs.
ine co;n water reior matum, m oihor wonts, is to
be forced upon us by aa act ofthe Legislature" Bui
have our people nesagicity? cm tnay not con
nect t vn idens? will they not sen that thia meas
ure, in reality, amounts to a eenstifritionnl nro-
bmition of the sale or use of ardent spirits?"
And lor this reason, Mr. Archhold contended it
would endanger the success of the Constitution
before the people. -
1 should much like to show what was said bv the
friends of the measure; but that would bo too
great a tax on your good natNre, in oae article
Hy turning to the Debutes nf the Constitution at
the paes indicated, your readers can examine for
I have shown by the speeches ef two members of
the Convention, woll known for their talents, and
both strict constructionists, tlirir construction of
the words which form the text ofthe Enjuirer't ar
ticle. I think they were ri-ht and, 1 doubt not,
from what I know of tho Supreme Court of Ohio,
that a majority ot the J uilgei, at least, (shnnld the
point ever come bafore them.) docida that the
Goucral Assembly, under the Constitution of Ohio
hai the power to abolish lh tea Sic in intoxicat-
, IQ mi"
Public Wottstur is olden times. The
pastor being in the pulpit, which towered high
and was 6ur mounted by a 'Rage eoanding
board, the rahng elder, on an elevated eat
before the pulpit, facing the audience, and the
deacons on their sent, somewhat less elevated
than his, the heads of families on plain seats
in ike body of the house, and the children
and yonng people where they could most con
veniently dispose themselves, the pastor open
ed the service with n prayer of at least fit teen
minutes long,, which was followed by the rea
ding and exposition of a chapter of holy writ
which was -followed by the psalm, given out
by the older, in which all the congregation
who could sing joined, which waa followed by
a sermon an hoar or more in length, measur
ed by tho glass; with which, and another
prayer, and the benediction, the meeting clos
ed. The entire services occupied three hours.
They met at nine o'clock in the morning, an 1
two o'clock in the afternoon, and celebrated
the Lords sapper once a month, at the close
ofthe morning service. Every Sabbath there
waa a contribution ; previous to the taking of
which, one of the deacons, in torn, standing
up, said, "Brethren ol the congregation, now
there is time remaining for contribution; to
the Lord ; wherefore as tho Lord has ptosper
ed you, freely offer." Tho box was not pass
ed from sent to Beat, as with us, but was plac
ed on a stand or table near tho pulpit those
disposed to contribute came forward and de
posited their offerings in it . These offerinp-s
consisted not of money merely, but notes of
hand, and any articles which could be pofita
bly appropriated to the use of the ch-ciruh. -.
From the Railroad Record.
Panax Raiuioad. From a correspondent
of the lY Y. Courier nnd Enquirer we gath
er iiia lutionuiir particulars roiauve io tins
road. I'ivo milos more ofthe track nre near
ly ready for the ours, and would have been in
tiso ere this, but for tho bridge over Chi grea
river having been swept away. -The bridge
is nearly rebuilt, and ere the close of (he year
it is expected that the road will be completed
to Cruces, thence a good road to Panama will
make the crossing ofthe Isthmus tolerable,
inasmuch as tho boating upon the Chagres
river will be dispensed with. . , .
From Cruces to Panama, but little has been
done townrds grading the road,' the contrac
tors having thrown up their contracts, and the
company have been compelled to resume the
Work, Plans are in operation for procuring
men, and Col. Toten hopes t have the work
completed within the ensuing year.
Illinois and Wisconsin Railvoad. This
road between Chicago and Jo.iesville, Wiscon
sm is progressing rapidly. " it is now comple
ted to within a mile of Deer Grove, 22 miles
and cars are running that distance. It is ex
pected to be completed to Woodstock, CO milos
byJaottiry, 186. -. . ; . -; . ,-.
Illinois CexkraI RaHbOad BaAvCrt to
Galbma. It is expected that soma 85 miles
Of this road, from broeportt will be completed
litis winter; ine remainder, about the same
distance, to Galena, will be completed in the
spring. --'- . u. .- ..
By an understanding between tho - Galena
and Chicago Union Road, and the Central
Road, tha former makes Freeport the Western
terminus oi ineir roaa, anil tna latter com
pletes it to Galena a a portion of in western
branch'."-' ' i .' 1 i
XdT The Railroad from IndiannooUs td
Bueipyvuia is . ttnisliod. Tha Jeffersoovillo
Company will run their trains nil the wav
through from Jofforonvillo to Indianapolis for
tho present, via 81ielbyvillo. . This will make
the routs somewhat looirerl but this will ha
compensated for by their being tto chanca of
..I . . C . 1 l i 9
liur as uurutoiur sit puinourgll, v t . . ;
Thero Is a race of women in Ethinniit', in.
Carding to teblond, 'who are bdsvilr beard-j
Barnum's bearded lady.
In looking over n French cfeniifib rk
tha subject of betird. a Jy or two sine, we
stumbled on a curious chapter, of , oolleclcj
facta is to the women of different epoch who
have chanced lo be bearded; and the opening
question of the writer "lhaU -tn-nen bt dif
tnhtrittinf hiard to til eerntfy ttiada 'fits
fancy tha, a translation of thf. historic part
of it might be interesting; - -
Hippocrates ciles ao fnslanca ofa woman tt
Abdetav named Fbelttsa, whose husband Py
thias was long kept in exile, and wbo waked
on tnornihg, with aboard which bad grows)
in the night. ' '-'"
Queen Marguerite, of tha Pays Baa bad
face covered with long and strong bean.
There was a Swed'wH woman enlisted a
mong the grenadiers, of Charles XII., who
had a beard, a foot and a half long. 8ha wa
made a prisoner at tho battle of Pultowa,
and carried to St Polersburir, wbara aba waa
presented to the CW in 173 V
In the Cabinet of Curiosities at Stutgerd,
is to be seen the portrait of a woman named
Bartcl Oraetje, whose chin ia darkened w'.Ltj a
umbrageous beard. v
Io 1728, tha Cardinal at Venioa was t
raarkable for a dancer of tha first-ain sex who
astonished tha gay world no lew by her re
markable grace than by tha black and profits
beard upon her chin.-.--
It ia recorded in the Pogonias, that tho wo
men of Athens wore artificial beards, which
thev arranged wilh most illusory effect nnoa
their cheeks, from their own hair, and -which
enabled them to figure npon the ramparts aa
soldiers. ,,' . '.'.'.' '
Tho women atLorobardr,atonetime.foft
ed themselves into military companies, and)
woro arttlicial beards; but continunecS tho Ion
ian of beards long after they bad given ap fif
and drum, and ceased wishing lo repel or ba
formidable. , ! " f '
Cicero records a law irraiost Aa . actica ot
some secret by which the roruao women ware
at that time, enabled to produce a beard. '
A police report, of France, in 1845,' eti
tions a witness, who, oo being summoned So
the stand as Madame Lefort, snowed a beara
ed face above the crown. - The magwtrnte re
minded the sheriff that it was a fady. wh
was called, not a cjcnf'cmnit but tha subse
quent appearance of the shoulders and cheat
corrected his misapprehension, though ts
court was silent, for some aecouda, with aatea-
isbment at the beard. ,. . , ,
At the Sandwich Islands, hist year., there
were three deatha to oae birth, and tha pop.
ulation which does not exceed 75,000, waa at
the last dates being Ibinedout by th ravagea
ofthe small pox. v. & vi
An old maid who hates b male sex most
vehemently, cut a female acquaintance wbo
complimented her on tha buoyancy-of br
spirits. . ; -. ,. ".'.,; . i ; .
Ideas hang together in tho mind by nama-
rous hooks, aud the more idea a man haa, th
more he can bitch on. - - - . ..
'Ma,' said a piejuauous yout'i to Via mater
nal progenitor, the other day, 'isn't that man
court'm' our Sarah in the spring timaof lifaf'
'Why, my soar inquired the anxious moth
er. : - - - - - " . . -v" ' " - - .
'Cos, ma, ha looks so confoundedly green,'
Sarah .didn't fnint, rjctwithataodinir 'h
overheard tha confab, i ,, '.,... .-
. A man wlto would fear God and slaep
well, should have as little to du with politic
as possible. Itumember this aud stay with,
your wifo if you have oue, ,
'I have turned many a woman's le).'
boasted a young nobleman of I ranee. "Ye,'
replied Talleyrand, "away from you." '"
If you aro about1 to lenve a neighbor5
house, don't stand stammering, nnd fumbling,
arfd saying "WeH I guess I mustbogoia;-."
When you are ready, go at once. -, ,
The man who "fell into raptures' wiib 'o
pretty girl, was taken out with considerate
difficulty, .. , . s;, .. ,; . , ,,;
There is a stalk of oorn in llagaratowa
containing ono hundred ears, .-, t jt ,
A locomotive on the SoothiTW - (Michigan
i ail oad recently ran into a herd of wild drer,
in the night, killing several of them. (' ,f
There is an invalid in the , Cincinnati Dis-.
pensary who whistles continually ia his sleep.
Queen Victoria haa ; prohibited th polka
being danced in her presence.
It ia said that ninety miles of -cotton cl.A's .
are daily manufactured in Manoheater, J?. il.
The amount of .capital stock of all lh Eov
tou bauka U 87,900OQO, , - xM
The Erie Railroad, with ita eqapmani
cobI twenty -fixe rnillons of dollar, and atu
plo'a two hundred locomotive! , ,
; "What are vo writing such a big hand
for, Pt?" ."Why, you aee, my tfrandrrwlh.
er's dafe, and I'm writing a foal lather Vi
hcr'l" ' - "' ; i"- "''' :'' 'i :,v. :
Ex-Senator Tuumah Smith baa published
tha analysis of tho matrix, or rock, that sur
rounds die copper ore of Luke Superior, and
finds it very rich in silver: A large yield? rf
that article is expected from this source. At
the close of his communication, h adda the
following sensible remarks.
I felt it to bo ray duly to eanlion tit 0aV
lie agiinst wild speculations based oa IheiA
revolutions. . I am engaged in the businesj
of mining, which I hold to b useful, Ulti
mate and proper; but I abhor stock -jobbin '
It has been the greatest eurss of Lava Su
perior. Let ns keep cool, ascertain the fuetii.
and act accordingly. . I make this Btatcmeu
becaase my experiments are on the streets,
and I deem it best to have tlw case in atv
authentic forut, : : t ;-..-'-.
. Eiectbicai. PitaoiitA.-Th Fitehbuf
Reveilee, in noticing . the thunder torm, (,
Saturday evening, says; ''the atmosphere . .
so thoroughly charged "with lectr(clt j
every raetaltle sabstanco Waa il Inminaie V "
friend Whrt waa driving from Weet F ' j A
in midst of the shower. Informs us Ju,
was passing under the railroad br j'
section, he was complotnly sur our.je(i ;,),
electrical lights, every nail he j m h brlt ,
beinff brilliantly illuminated, M weJ ,?
buckles ontthe harness of Ki, horae, whi, 2
A-i. ,..i...,. . f oowainir
wibu sua insousa viajknes
r- v.. .- .
while piuj; Ihe twidg" .-'. C
. in i ,-- f '
Manna Bonk f Cleval.rtd
They are boautifuJlii n..-,i. Z:mm'