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title: 'Belmont chronicle. (St. Clairsville, Ohio) 1855-1973, February 01, 1855, Image 1',
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' A - - " - -' -l. a .
B. B. COWEN, EDITOR &PROPRIETOR,
"IIS 510 LOVES HOT :ES C0U;;HY Ci? LOVE IIGTIIEiS."
TERMS $U0 A YEAR, IN ADVANCE
NEW SERIES, VOL. VII, NO.
ST. CLAIRSVILLE, OHIO, THURSDAY, FEBRUARY 1, 1855.
WHOLE NO. 912.
THE BELMONT CHRONICLE.
PUBLISHED EVEBY TI1UHSDAY MORNIKQ.
Office North tide of Mali Street a
few Doer Weit of Marietta Street.
If pal. within three Months,
Ifpai anar that lime
pen rfucniinu.d only tt thaanttoa of ike tititur,
hils arrearaiaa are due,
Back soaera, (1 1 llnrt er leas.) three week,
ry ailditluiial insertion.
irljr adTertiaeuieuiione coluaia,
f'roiM.ional cards A3 tier anaeia
lnfAII lettera ad.raiMil to the editor masl ke paii to
IONo napnr duconllnu.d until ell arrearages are
' paif Hnleae at the option of the editor Ol
LINES TO KATE.
BY LILY MAY.
. . .
There 'e many an oarneat tale, Kale,
That's told in simple rhyme-,
Bo open thine eyes and ears, Ka'a,
And list while 1 tell mine.
Not that I've anything new, Kate,
T mystify thy brain;
But I'll give some precious hints, Kate,
I need not give again.
One turn of the magic wand, Fat,
Will waken mem'ry's powers;
One glance at the shadowy put.
- Bring thoughts of joyous hours.
Bright hours we've spent together, Kate,
That ne'er can coma again;
Though the joys thut we then tasted
Were mingled oft with pant.
for we learned 'niong many changes,
To nobly bear a part;
And that there were more aches and pnins,
That those of head and heart.
In the future let us strive, Kate,
To battle for the right;
Regardless of the shafts ihusspeJ.
Our kindest hopes to blight.
Though many do false words beguile
To eheol us ot a friund,
.Fear not, lor innocent the while,
We'll conquer in the end.
'Mid the sweetest joys we borrow,
How many ills are borne;
Thus the dmkest night of sorrow,
Ends in'lhe glorious mum.
Pleasant Valley, OWo Jai 1355
The Frost Spirit.
BY J. C. WHITTIER.
, lie conies, he comes the Frost Spirit coine!
You tuny trace ills loowttps now,
Uu the naked woods and biau-d fields,
And the brown hill's withered brow,
lie hue smitten tbu leaves of the grey old trees,
Where the pleasant dreum camu lorth,
And the winds that lollotv wherever hegnei,
Have shaken them down to the earth.
He comes, hoc-lilies the Frost Spirit comes!
From the Irozon Labrador;
From the icy bridge oi the northern seas,
Where the while besr wundiT o'er;
Where the lUhuriiiau'sasil iseiiil witlt ice,
And the luckless tonn below,
In the suiilesa cold of thu utiiKuphere
Into the marble statutes grow!
He cows, he corner the Frost Spirit com :s!
And the quibt lakes si i n SI feel
The torpid touch of his glszin bieiil),
And the ring of the skater's h e ;
And the stream which dnuu'd on thebrok'n ro. ka,
lr sang to the lenuini; graes,
Elmtl luw again to thtir winttr chain,
And in niournlul rilcncc pas.
ile conies, he camel tha t'roH spirit comes!
Let us mee. him as we nsjy,
And turn with light of the parlor grate
His evil power awav;
And gather closer the circle round,
When the lire-light dunces high,
And laugh at the shriek ol tho bullied fiend,
As hia sounding wings go hy!
DESTRUCTION OF THE TEA
[From the Sixth Volume Bancrofts' History of
the United States.]
The chapter first details the proceedings
abroad: the despatch by the East India Com-
yany of cargoes; th. political feeling of the
oloaie; and then proceeds a follows as to
the Boston consignees:
"The issue was to be tried at Bo-ton; tt.
tea ahip. were on the wat.r; the governor
.himself, under the name of hi. .on., w.a e -
Jected a one of the consignees; the moment
of the decision waa hastening on. In the
fight, between the first and second of No -
Timber, a knock wa. heard at the door of
each one of the person, commissioned by the
Eat India Company, end a summons .eft for
,hm to appear without fail at Liberty Tree
the lollowing weansuay, at nooo, te re-
sign their commission; prinledj notices were
le polled up, desiring the freemen of Boston
and the neighboring town to meet at the
am time and place a witnesses.
. On tha annointed dav a laree flasr wa
tinner out en tha no la at Liberty Tree: the
halla in tha motino hnuaoa wera run from
eleven till Boon, , Adams, Hancock, & Phil-
in, tkrae af the four reor'esentative. of the
, town ot Bo.tea, the selectmen, and William
Cooper, the towa clerk, with about five hun-
, dred mer? i gathered round the spot. A a the
. onsin did net make , their appearance,
the nbly appointing Mwlineux, Warren
.1 and other, a committee, marched into State
street to th warehouse of Richard Clarke,
where all the. conaignee. were assembled,
Molineux preaented himaelf for a parley.
'From whom are yoa a committceV asked
fClrke.i. 'From the whole people.' -Who
. . ......... . .
ere tne committee r 'Homing ia now to
t. . i;.j t; ,i .m .,.
p. evviwt imi. wwiiiu a n
. - and named all the r..t. 'A.d" what your
,..u..tr Molineux read a paper, requiring
- heeen.lga.e.topromiMBet to..Ilth.te..
k... . ,.t.w ik.n. n I .nd.m ; ia tha aam.
bottonl. In which th.i shipp.d.
'Will you comptyl' I thill haV. nothing
ti An tarith Vam ' iHttfraraJ .T! I ark at taMitkl a
and peremptorily. The lime question wa.
put to the othtr consignee., tne by one, who
each and all answered, 'I cannot comply with
Molineux then read to the n another pa
Pcr containing a resolve pi Med at Liberty
Tree, that the consignee who ahould reluae
to comply with the requeat of the people
wcrv eiivunes iv ineir cvuuiry sescanuing
into the street, he made hie report to the peo
ai.'ou P'a- 'Out with them, out with them,' wis
the cry ; hut he dissuaded them from vio
. - L r , . r, ,
After further details aa to the consignees
and of the committees of correspondence, and
the council, the narrative proceeds:
'The true-hea-ted people were aa fig-Hani
as tl ey were determined. The men of Cam-
bridge assembled on the twenty-aixth, and
after adopting the Philadelphia resolves, re
unanimously,' veted 'that as"" Boston wn
truggling lor the liberties or their country,
they could no longer atand idle spectators,
but were ready on the shortest notice to join
with it and other towna in any meaaure that
might bethought proper to deliver them
selves and posterity from slavery.' The next
day the town of t'haileston assembled and
showed such a spirit that tver after its com
mittee was added to those who assume the
The combination was hardly finished
when on Sunday, tho twenty-eighth day of
November, the ship Da tmouth appeared in
Boston harbor with one hundred ana fourteti
chests of the East India Coinpuny'a tea. To
keep the Sabbath strictly was the New Eng
land usage. But hours wero previous; let
the tea be entered, and i. would be beyond
the power of the consignee to aend it btck
The selectmen held one meeting by day and
another in the evening, but they sought in
vain fur the consignees, who had taken re
fuge in the castle.
The committee of coirespondcnce was
more efficient. Thry met also on Sunday,
and obtained from the Quaker Rotch, who
owned the Dartmouth, a promise not to en- j
ter hia ship till Tuesday, and authorized
Samuel Aduma to invite the committee of
the five surrounding towna, Dorchester, Rnx
bury, Brooklyn, Cambridge and Charlcstown,
with their own townsmen and those of Boa
ton, te hold a maes meeting thenxt morn
ing. Faneuil Hall could not contain the
people that poured in on Monday. The con
course was the largest ever known. Ad
journing to t:ie Old South Meeting House,
Jonathan illioms did not fear to act as
Moderator, nor Samuel Adams, Hancock,
Young, Molineux and Warren to conduct the
business of the meeting. On the motion of
Snmuel Adsms, who entered fully into tho
question, the assembly, co niposed of upwards
five thousand persons, resolved unani
, . .1 1.1 I I I.
Iliuusiy mm 'llie lea snuuiu ue Brut uibk iu j
the place irotn wnence u ca mo at an events,
and that ne duty should be paid on it.'
The only way to get rid of it,' said Young,
'is to throw it overboard.' The consignees
asked for time to prepare their answer; and
'outnf great tendernosa' the body postponed
reueivtng it to the n xt morning. Mean
time the owner "nd muster ol tlfe ship were
convened and forced to promise not to land
the tea. A watch was also p'oposed. 'I,'
snid Hancock, 'will be one ef it, rather than
that there shoi'ld be none.' And a prrty of
twenty-five persona under the orders of Ed
wrrd l'ractor as its captain, wns appointed
to guard the tea ship during the night.'
After detailing further proceeding Hnd
Khe arrival' et more '.ea ships, tho narrative
On Saturday, the eleventh, Rotch, the
owner of the Dartmouth, is summoned be
fore the Boston committee with Samuel
Adams in the chair; and asked why he has
not kept hie engagement, to take hia veasel
and tea back o London, within twenty days
it? arrival. He pleaded that it was out of
his power. 'The ship muat go, was the an
er; 'the people of Boston and the neigh
boring towna absolutely require and expect
and they bade him ask for a clearance
and pass, with proper witnesses ef hi de
mand, 'Were it mine.' said a leading mer
chant. 'I would certainly send it back.
Hutchinssn acquainted Admiral Mintague
with what was passing; on which the Active
and Kincfisher, though they Had been laid
up for the winter, were sent to guard the
passages out of the harbor. At the same
time order were given by the governor to
fire loud gun. at theca.tle,so that no esiel,
except coaster, might go to .ea without a
ncrmit. Ho had no thought of what waa to
happen; the wealth of Hancock, Phillips,
Rowe, Dennie, and ao many other men of
property, seemed to him a security against
violence, and he flattered himself that he
had increased the perplexities of the cum-
The decisive day draws nearer and nearer;
n t(,e morning of Monday, tua tnirteontn,
tn8 comrniueee of the five town are it
Faneuil Hall, with that of Bi aton. Now
tnal danger waa really at hand, the men of
tne jtle town or Malilen enerea ineir oiooa
and their treasure: for thet which they once
esteemed the mother country, had lost the
Innderneaa of a Parent, and became their
'We trust in God,' wrote the men of Lex
ington, 'that should the state of our affairs
require it, we ahall be ready to aacrifice our
estates and everything dear in life, yea, and
life itself, in support of the common cause.
Whole town in Worchester County were
on tiptoe to come down. 'Go on a. you
have beeun.' wtote the committee of Lei
ceater on th. fourteenth; 'and do not Buffer
any of Ae tea. already come or coming to
landed, or pay one farthing of duty. You
may depend on our aid and assistance when
, , .
fTha line of policy adopted w, rf nosi
, , , A w
ble. t. get the tea carried back to London
uninjured in the tresse in which It -
A meeting ot tne people h v -
nooa directed and a. it were 'compelled
Rot.h, th ewn.rof the Dartmouth, to .p
ply for a clearance. He did o, accompanied
by Kent, Sam.et Adam, .nd eight ether
aa witnesses, i ne collector was at hi ledg
Ingf, and refused te answer till the nxt(
morning; the assemblage on their part ad-
journed to Tuesday the sixteenth, the last
of the tweuty day, before It would become
to take posse.
the te aa at the
legal for the revenue officer to take posses
s:on of the shir, and so land
castle. In the evening, the B
tee finished their nreoaratorv
After their consultation oo Monday with the
Hu'chin.on beg.n te cratch at victory; for
aid ho, it is notorious the ship cannot p...
the castle without a p-trmit from me, and
that I thai! refuse. On that day, the people
of Fitchburg pledged their word ' never te
be wanting according to their .mall ability;'
for 'they had indeed an .mbiiion te be known
to the world & to posteritv aa th. friends or
pressed the.rjoynt Boston s glorious eppos-
itior, cried with one voice thst 'no
jcet to a duty ahould be landed in theirtewn,'
and held themselve for the last appeal.
The morning of Tuesday the 16:h of De
cember, 1773, dawned upon Boston, a day
by far the most momentous in it. annals.
Beware little town; count the cost, and know
well, if yeu dare defy the wrath of Great
Britain, and if 'you love exile and poverty
and death rather than submission. The town
of Portsmouth held it. meeting on that
morning, and with six only protesting, it.
people adopted the principle of Philadelphia
appointed their committee of correspondence,
and resolved to make common cause with
the coloniea. At ten o'clock the people of
Boston with at lenst two thousand men from
the country, assembled in the Old South.
A report wa. made that Rotch had been re
fused a clearance from the collector. 'Then,'
said they to him, 'pn lest immediately n
gainst the custom bouse, and apply to the
governor for his pass, so that your vessel
may this very day proceed on her voyage
The governor had stolen .way to his coun
try house at Milton. Bidding Rotch make
all haste, the meeting adjourned to three in
the afternoon. At that hour Rotch had not
returned. It wa. incidentally voted, as oth
er town, had already done, to abstain totally
from the use of tea; and every town was
advised te appoint it. committee of inspec
tion, to prevent the detested tea from com
ing within any of them. Then, since the
governor might rcfu.e hi. pas., the momen
tous quellon Veeurred, 'whether it ba tha
tense and determination of this body to a
bide by their former resolution, with rt.pect
to the not suffering toe to be anded.' On
thia question Samuel Adam, and Young ad
drssed the meeting, which waa become far
the most numerous ever held In Boston.em
bracing .even thousand men. There was
among them a patriot of fervid feeling; pas
sionately devoted to th liberty of hi. coun
try; .till young, hi. eye bright, his ch.ek
glowing with hectic fever. The work ot vin
dicating American' freedom must be done
soon, or he will be no party the great achiev
ment. He rises, but it is to restrain, and
being truly brave and truly resolved, he
speaks the language of moderation.
'Shouts ef hosunnas will not terminate
the trials of thia day, nor popular resolves,
harangues, and acclamation, vanquish our
foes. We must be grossly ignorsnt of th.
value of the prize for which we contend, of
the power combined against us, or the invet
erate malice, and insatiable revenge which
actuate our enemies, public and private,
abrvad and in our bosom, if we hope that
we .h. 11 end this controversy without the
sharpest conflicts. Let u. consider the issue,
before we advance to those measures, which,
must bring on the most trjing and terrible
struggle the country ever saw ' Thus spoke
the younger Quincy . 'Now that tho hand m
to the plow,' said others, 'there must be no
looking back, and the whole assembly of
seven thousand voted unanimously that tha
tea should not be landed
It had been dark for more than an hour.
The church which they met was dimly ligh
ted; when at a quarter before alx Rotch ip
peared, and satisfied the people by relating
that the governor had refused hi m a pass,
because hi. .hip waa not properly cleared.
As soon a. he hud finished hi. report, Sam
ue! Adam, roae and gave the word:
Thi. meeting can do nothing more to
save the country.' On the instant a .heat
wa. heard at the parch; the war-whoop re
sounded; a body of men, forty or fifty in
number, disgui.ed a. Indian., passed by the
door; and enceur.ged by Samuel Adam.,
Hancock and other., repaired to Griffin',
wharf, postedguarda te prevent the iutrusion
or spies, took possession of the three tea
ship, and ia about three hour., three hun
dred and forty cheat, of tea, being the whole
qaantity that had been imported, were emp
tied into the bay without the lea.t Injury to
other property. 'All thing, were conducted
with great order, decency, and perfect sub
mission to government.' The people .round,
a. they looked on, were to st'll, that the
noise of breaking open the tea chest, wa.
plainly heard. A delay ef a few hour would
have placed the tea under the protection of
the admiral at the castlo. After the work
was doi.e, the town became a. .till and
calm a. if it had baei holy time. The men
from the country that very night earn
back the great new. to their villages,
together th.t day and the next, both morn-
Ing.ndeve.ing; but during the long and
anxlou. period, their Journal ha. only thi.
entry:Nobu.ine.s U.ns.cted, matter of
At ten o'clock on the 15th, Kotch waa ea-
ted by hi witneoac to the ustum house,
th coll.ctor and comptroller unequivl
lly and finally refused te t-r.nt hi. .bin a
arance till it Viould be di.charired of th.
arance, till II .IOUIl Be OloCliargea 0 th.
The rext morning the committee ef cor
respondence appointed Samuel Adam, and
four ether, to draw up a declaration ef what
had been done. They aent Paul Revere e.
axpre. with the information, to New York
col.nie. with one another more f. mltl an
eve,. The Phil.delphi.n.l.nilu.V p.
proved wh.l Boston had done. New York .
all impatient at the wind, whi b had dr ven
i its tea ahio orT.h. w.. ij 1"
following the example."
I The height of joy ihatiparkled in the ryes
and animated the c.unt.n.r.ce and the heart
r the patriot they net one another, I
unimsgiiisble, The governor, meantime,
wee consulting hi book and hi lawyer to
make eat that the resolves of the Meeting
j were treasonable. Threats were muttered of
ni,tisiiviipvii. i HiBiiB weif muitf rruui
: arrests, of executions, of transportation or
the eccuaed to England, while the committee
of correspondence fledged themselve to sup.
' port and v'ndicate each other and all per-
on who had shared in their effort
Laughing in the Pulpit.
..., . . - . ,,
" - " rrrsuy..r,n inin.ster oi
,,, nolor -tv "I never UntrhnJ inlkonul.'
m - r "
pit only on one oocaslon, and that came near
procuring my ttittitU,un ,he mini.try.
About one of the first discours. I wo called
t' deliver, subsequent to rny ordination, after
reading ny text and opening my auhject, my
attention was directed to a young man with
a foppish dress, and a hwtid of exceedingly
red hair. In a .lip immediately behind thi.
young gentleman eat an urchin, who must
00e himself, for I do not conceive the v.iinir -
; .tar ilmnoht of lit inl ha nix-inn .rP
. ... .. r.j ,B ..
me spruce oanay in troni 01 mm. i n Doy
held hi. Tore-finger in the hair of the young
man about a. long as a blacksmith would a
nail-rod in the heat, and then placed it on
hia knee and commenced pounding his filler
on imitation or a amith making a iiuil. The
whole thing waa so ludicrous that I laui'hrd,
tllA nnlv lima th T ,i, Anrmr-mr Ik. ...il i.'.t '
with anything like mirth."
l m - r "
Tom Corwin's Wit.
While thi. capital joker wa. a member er
the General Assembly or the State of Ohio,
he brought in a bill for the abolition of public
punishment, at the wlupping-poat. He made
a apeech thereon, to '.vhich an elderly mem
ber replied somewhat aa follows;
"Mr. Speaker, the gentleman ia net a. old
a. I am, and has never seen so much or the
practical operation or the system of punish
ment which he desires to abolish. When I
lived in Connecticut, if a fellow stole, horse,
or cut up any ether rustics, we used to tie
hirr. right up, and give him a real good thrash
in'; and he alway. cleared right out, and we
never saw ne more of him. It's the best way
of getting rid of rogues that ever was tried,
and without expense to the State."
Corwin rose in reply: ''Mr. Speaker, I have
been often puzzled to account for the vast
emigration from Connecticut to the West;
but the gentleman last tip ha explained it to
my entire satisfaction." The bill passed
without further discussion.
Tom Corwin's Wit. I [...]
"During the Florida war.'aaid the spea
ker, "I was with tho American rmy. One
day I shouldered my gun and went iu pursuit
of game. In passing through a swamp, I
saw something a few feet ahead of me lying
upon the ground, which had the appearance
of a log, it boing some forty feet in length
and about one Toot in diameter. So positive
was I th.it it was nothing but a log, that I
paid no attention to it; the fact is, I would
huve sworn before a court of justice that it
waa a log, and nothing else. You see, I had
never heard of snakes growing to such hug.
dimensions, and the fact i.-t, I never ahould
have believed It if I hid. Well,' he continu
ed, 'between me and the log as I took it to
be wa. a miry place which it waa necessa
ry for me to avoid. I thuefore placed the
butt end of the gun on the ground ahead of
me, and springing upon it, lit right on top or
what do you .oppose!
'A boa-constrictor,' said one.
'An anaconda,' said a second.
'What could it have been!' asked a third.
'Just what I suppoitd it to be a log!' said
A Hypothetical Case.
Some years sgo, an awkward chap in Wes
tern New York, who obtained his livelihood
by forging in a blacksmith ahop, hired ahorse
one day to carry a Ipad of wrought nails ts
the next town, a fewj mile, distant. While
descending a steep lot II. the smith gave hi.
horse a few extra cus, thinking to occelerate
his speed in a place ahcre graduation second
ed the motions of th wagon, but the steed
stumbled, floundered into the ditch, and kick
ed the bucket. The blacksmith, upon turn
ing the body ever, discovered that the ana
tomical harmony otthe beast' neck wa. de
stroyed, that the epine wa. di. located beyond j
the hone-.etter. aa and thut in fact Ihe
'hoss' wa. dead.
With a rueful countenance be repaired to
the owner of the tier,, and asked what waa
to be done. The reply wai 'You must pay
for the her..' The tlackamith demurred,
and went to consult a pwyer.
The lawyer happened to be away from
borne, but hi "vife, wka waa prone to mis
chievous fun, thought shs saw in tho client
food for a little, sport, tnd inviting him to
.n,n.oh,.. m.rk tk. .k.... nim.:
gave legal advice in her husband' absence. !
and requested him to stale bis case. j
Very well,' ..id the blacksmith, .eating
leisurely, "I'll .'pose, c.se.' .
"iryoti pleaaa thut will do aa well a. to
your own,' ..id tin handaome attorney,
Well! yer ee iu just like this: S'pe.iq!
you wa. an old hois f n' I should drive you
to milL And s'poain Iabould cut you u the
leastest nite on th fltnk, and you ahould
rear un and kick un and break the breechin,'
.l.nd finally yer should f.ll into the ditch, and
I break yer cussed oeci who'd psy for yel
Would 1 1' asked the excited Vulcan, in a
voice of thunder. 'No, I'o be hammered in
to horesho mil, 'and driven into th devil'
cloven foot (fore I'd p.y the fust red cent!'
The lady decided that he had a clear eaae,
and might go alie.d wj'.hout frir of dsmsjes.
SUPREME COURT OF OHIO.
[JAS. H. SMITH, OFFICIAL REPORTER.]
SATURDAY, January 20, 1855.
t Iror ,0 l,,e Prob4te Court or Union county.
?? 'Mf' ,n Z"0' pr,CCUled ff
,olallM "f th t or
M'? 'f54' ,nlilled' "An 'ct provide .
ginl tL evil, re.ulting from the .le of,
j nlM'MtinB Liquer. .in the State or Ohio;" ,
-nieo -ecuon proviuca: -jiiaitiii places
"cre 'ntox.c.tmg liquer are .old in viola-,
l,.on .f thi.ect.sh.ll be taken, held, nd O.'"
, cl.red tl be common uuInmss, .-J .11
ivoiiio. lavciiis, vaiiiiu'iiuusco. uouars. rrs- ,
"'' and ProVe ' ,he trial.tbat the sel.er
ew the buyer to be a minor; and to con-
' for a violation of the 3d aect.on it i ne
himaelf. cessary to ver and provo in like manner,
tht the (Iter knew the buyer to be intexi
state eated, or in the habit of getting intoxicated.
tBirney'. case, 10. R J37, followed and
10. To convict for a violation ef the 4th
section, it is necessary u aver in tie in for-
Prent; Taunau. Chief Justice, and
i error ,0 1
Raskev. Uiitlet. Wabdejj. and Ktmoi.
Frederick Millar v. The
Pmh.ij. r.nrt of ri.rm..n.
. . . .
(vims', iBvciuB, vuiiiig'iiuusco, uotuars, rrs- ,
tauranta, grocerie. roftve-houses. cellars.or
; olher -iee f puuic fe,ort wher4 jntoxici. '
tine? liauora ure sold in violation of thia i-f.
'gia be shut up and abated a public nuic-:
'.ncea. noon the eonviciin ar tha kernor
' th.reor, who shall be pauished a. hereinafter
. provided." '
I Beins convicted thrv were re-nective'v
sentenced in n.v fW. and '.. imnri.nnrf
! .i.,.i.i k. .k :( i.j 'a ;:
onvuiu uj oiiuv asp until vvnu w u nt.vui iijr i
I .1 11 , . .l- .l . '
luoulu ue given pursuant 10 xne oin section,
0f .aid act. To revers which sentence
and orders thee writ were brought.
Thi e.mas, C.J., delivered the opinion of
the Court. Md
1. That for aught that appear, in
ournals of tie Senate and House of Repre
aentatives of the Genera
ral Assembly, the act :
J, "An Act to pro-
or It 1. 1854. entitled
in. .rin.t h. eiu r. iiir.tt frm ,i,. '
sale of intoxicating liqturs in the State of
Ohio,', wss constitutionally enacted. j
3. That the provision of the Constitution
(Art. 2. Sec. 10.) that, "Every bill shall hi
fully and distincily read on three different!
days, unless, in case of urgency.three fourths
tha H . in which it .hall ha r,n,Iinlr
si all disoense with the rule.' doe. not renuire !
that every amendment to a bill shall be read
three timos. '
s' Every reasonable intendment is to be ,
It is not to be presumed that the Assembly,
or either House of it, has violated the Consti-
tution. When, ther.fote, it appears by the I
journals, that a bill was amended by slriking .
out all after the enacting clause and insert-
inT . "ne Hill." ao clh-d. it cannot ba ora. :
j .i. ,.,,. : ..j , i
iiuiiicu mil tile uiBi.ci iiiivtitu ww am vlfuii mi
different subiect 'roru that atricken out: esoe-!
ciilly when the matter inserted is consilient
with the title borne by the bill before such
amendment. This i. the more obvious since
the Constitution provides that, "No bill .hall
contain more thai) one aubjeel which .hall
be early expressed in it. title. (Art. 3, Sec
.) Nor due. the. fact that .. the inaerted
matter is called a "new Bill" prove that it .'
nat an amendment. i
4. No bill cau become a law without re-1
ceiving the number ef votes required by the
n i :r : ..... i t k.. .n :n!nf
uiuuiuuvu, iuu ii i, iuuiiu, ..jr
speclion of the Legislative journala, that
what purport, to be a law upon th. Statute
book wa. not p.s.ed by th. requi.fte number
.f,... i. n,! nn..ihl. h. ihu ,.,v nf th '
Courli to treit it u I nullity. But it doe
follow that an act thai was passed by a
majority i. invalid, because,
in its const lerotion, the Assembly did net
.trictlv obierve the mode or procedure pr.-;
scribed by the Constitution. There are pro
visi.n. in that in.trument that are directory
in their character, the observance of which
by the Assembly is secured by their sense of
duty and official oaths, and not by any super
visory power of the courts.
6. Neither the 1st, 3J, 3d, 4th or 8ih sec
tions ofthe act under consideration, proper
ly construed, is repugnant to the Constitu
tion. In saying this, we do not mean to af
firm that tha legislature
has the power to
Wnoiiy pruiliuifc sroiui; ill llllOAibbili( liljuur
in mis Diaie. vvunoui ueciaing wneiner
the Assembly has sny power over this sub-
ject in virtue of the general grant oi legisla-
tive power in Sec 1 of Art. 3, of the Con- ;
stitution, we hold that the enactment of said
sections or the law is authorized by the ex-'
press grant rf power in Sec. 18 of Art. 16,'
in these words: "No license to traffic in in-;
toxicating liquors shall hereafter be granted
in this Slste,,but the General Assembly may
law, provide aguinst evils resulting there-'
6. A violationof either of the l.t, 3d or
3d, .ection. of the act, subjects the offender
.. .u. u: .:..j i. .uA , -I.. .jo '
of Sec! 8. It i. not necessary, in order to '
incur these penalties, that alllhree sections .
7. U a ssle violate nil thr.e sections, the
may be prosecuted under either
them; and his conviction, er acquittal,
a prosecution, for the same .ale, under
either of the other two sections.
8. But conviction, or scquittal, under the j
1st, 3d or 6d sections is no bar to a prosecu-
tion under the 4th. I
9. To convict for a violation ot tne 2d
section, it is necessary to aver in the in for
mation, and prove on the trial, that the p.ace
, where the liquor wa sold, wa. a place of
1 public retort. And the proof must also show
that it waa a place where liquor were hab
i unify sold in violatiou of the act. A .in
gle sale doe nut maks th place a nuisance
er the seller a "keeper," within the mean
ing of the act
A series ef sale i neceisa
I'V?'. t" f'Z "'8' th'M ""IT
Mr i"l ieTlfl? TlTu' ?
JA 'l J hw- 12 0 there ia na power
P-' f lhe. of ' P''V
un.!l!' " b? '. " to abate an
"''" J,u"a,!ce- ....
- - , , .
"u " r' " ' " cxerutea oy
... .." " 0 . " ll,e .pcr,0 conr
vvicu, ooeaience to wincn 4may be enforced
the nutsautB k. ....:i k i
the authority and on behalf of the said Stale
ohio' information makes, that on the sec
ond day of M"-v' in the ye"r of our one
one thousand eight hundred and fifty-four,
,tlJ lrom 111,1 u"1'' ll,e commencement
of proceedings her.m, to wit, on the twenty
at third dey of May. in the year aforesaid, at the
nave neen men una mere som Dy sa.a
11. Ne order to chut up, erabate the place
rightfully be made, unless the nuisance
continues to exist at the time 'such order is
tnsde. Unless, therefore, the Court is Sitis-
fled that, at tho limn t.f itmlrt,... !. n..la. , 1. a
- .- ... . ...... ..a ... I
plsce kePl r"r the ,'" r liquor ia viola
I11011 of the act, no order hould be made
rur it is unlawful buiincoi, (ami not the
P'"ce- r ) creates the nuisr,ce and
"'nee, wnere me Dusinett has ceaied. there
is no riuiaanra to atiaf K'r. ....n t..n..
ran ho Tni-lntf...! m m n.( m . r...
- - .... Hv m luiiiiuim it, njr vriuir,
for ctJl"npt ot '
Court. The order being
ict crsse to keep a home of
PUBll r'ort, of th character named, or re-
f'rred in the 4th cclion. he need give
menl c"n ProPer!r 08 isu1' gainsthim .
ut " he desire to continue keeping uch
home of public resort, he must. In order to
aroid an attachment, give bond. Ue haa his
sort, or to "iv. bond nd keep it without vio-
'atin'r tho law.
13. The fol'owing information i sufficient
The State or Ohio, CLtitnoM Covwtv,
Probate Court, May term, in the yeor of
Jjuru one iiiousanu eigm nunorea ana ni
n... John Johnston. Prosect ting Attor-
neJ ' th St,e of 0Uit- f,r ,he ,aiJ count7
t-lerr"nt, nuw here in said Probate Court
and for aaid county, in the name and by
"id county of Vermont, in the said State 0r
0t,io' one Frederick Miller, was, and has
een unlawfully the keeper of a room of pub
1,6 resort, where intoxicating liquors, were .
lie resort, where intoxicating li
and have been then ond there sold
'Frederick Miller, in violation of an act of
the General Assembly of the Stat or Ohio
eulll'eu ?n a" 10 ProY - S - " - .
"suiting irom toe sa,e oi iniox.c.tin llauo
011,10 U1 i , .,u
general Assemoiy on tne nrsi oay o: Jiay.-.n
the vear aforesaid, contrary to the form of
1,16 MMe ' ucb made and P'deV
and against the
and of the;
Prosecuting All'y of Clermont Co.
mrty between the information and the orig
waa inal complaint is necessary. If the charge
ia substantially the same in both, there is no
room to quash the information on the ground ,
vnriiinri. The nronftr rule noon thi noint I
in the Probate Code. For there is no pro
not 'ft of a record in the plea. The proper re
constitutional .plication i. a general denial or the .negation,
r the plea; and the issue tllU9 'de up i.
to be tri.d by the jury empanneled in the
14. At prosecution under thi. act
be commenced in the Probate
must be commenced before a Justice of the
Peace or Mayor, uui no very .trici contor-
r--r-- r- -i
has already been stated at this term, in lo
d Goodno v. The Slate.
Wui fief record is not a proper replication
to the ole. of (orm.r conviction prescribed
Judgments and ordtri n-v.ried.
Photography in Counterfeiting.
CINCINNATI, Jan. 9, 1855.
wincn lar surpass, 1.1 tuc pnncniuiiui ui.n
details, anything which ha. ever been done
in the old way of counterfeiting. When
these photographs ure carefully taken on the
proper bank note paper, they defy detection
either by the unaided eye or by microscopic
One of these photographs, from a (110 bill
was deposited by Mr. F., with other bills, in
the Life and Trust Company, and wu. recei
by red without suspicion. He then informed
them that there wu a bad bill among them;
.the money wu. reinfected, and he wttpasi-
jgood. Another trial wa inado by prem-
ing a photographic copy or a bill at the prin
offender banking houses. At the banks of
willjSmead, Collara i Hughes, Gregory i. In
bar gulsbee, and some others, the photograph
wss received, and, after careful inspection,
pronounced a good bill. A still more rigid
t'st was made by presenting photographs &
genuine bill, to Mr. Booth and other bank-
I nave ju.i wmieaata ao.,.c .
,he,art Pt?'rap hlC ?0UTJT7ftn
deem highly important, not only to bank
officer., but o the public at large. Mr. Fon-,
tovne. o this city, on ofthe best daguer-l
, ji .11. i
rentypista in the world, has recently made j
iCTrini jiiiutugi an'v ui
tivtly ass-ired that it waa an gna,anu revues
i ... ,i,a nfntia h;lh ha did so. i
and alter a general examination by the offi-j
cer present, the bill was again pronouncda;
note engravers. Alter tne most careiui in
spection Ibey were unable to detect tne pho
tographic counterfeit, for, as I have observed
the minutest details are perfect under micro
I think it i. obvious from thesj lacts, mat
eur paper money currency'ii in a eangerous
condition, and thit it is necessary to give
the wildest publicity to these alarming devel
opments. If any good master of photogra
phy, can, in a ahort time, ana at a inning
expense, flood the country with .puriou. mo-
nai. which -even cashiers, president., and
expert, of every grade are unable te detect,
we have no security in our paper moony cur
rency. I have heard that photographic note, were
once taken in the Bank ol Euglar.d. Whe
ther anv uch are now in circulation in thia
country i. not known, but. certainly, we hv
ne seouri'y .giintt tneirt.sue at any time
1 il enormous q lantities, ai d It I. .spec ally le
put the public on the r guard that 1 now
aanounce these facts. An interest is al
ready excited here, and bank president are
sending their note, to be photographi d, te
test the tower "f the art.
It is net only our enrrenry that il assailed
by thi srt, but everything depending on th
human "en is 1. able la Counterfeit ti. One'
autograph may be at any time affixed to a
bank check, promissory note, will, deed.let-
ter of credit. or recommendation, or any num
ber ef autographs may b affixed to any doc
ument the operator may please the auto
graph, being so perfect that the writel him
seld could not detect an e ror.
It ia needless for engraver to increase
their skill, a every .ten they take in ad
vanre is followed with mathematical accura
cy by Photography, which copies th red er
brown ban ks of the noles a easily s tbeir
face. Potiibly there may be some art of
printing in colors of great, variety, on rare
paper, wt.itt. PtMWar.pk.jr will not be able
x rival, t think bank should offer a pre
mium for the discovery of some peculiar pe
cies of paper, the manufacture to be kept
secret, and to be devoted exclusively te the
issue of bank note.
A Case of Conscience.
"Friend Bro'idbrun," said Zeph.niah Strait
lace to his master, a rich Quaker of the city
of Btotherly Love, "thou canst Uot oat of that
lg of mutton at thy noontide table to-day.'
'And wherefore not!' asked the good Qua
ker. 'Because the dog that appertained to that
ion of Delia!, Lawyer Foxcraft, hath come
into thy pantry and stolen it yea, and he
hath ei'.on it up.'
'Beware, Friend Zephaniah, of bearing
false witness against thy neighbor. Art thou
sure it wa. Friend Foxcraft'. domestic ani
Yea, verily, I saw it with my eyes, and it
wns Lawyer Foxcraft'. dog; ven Pinch'em.'
"Upon wh.t evil times have we fallen!"
aighed the harmless secretary, aa he wended
his way te his neighbor's office. "Friend
Gr:pus,'said he, 'I want to ask thy opinion.
'I am all attention,' replied the scribe, lay
ing down his pen.
Suppoing. Friend Foxcraft, that my dog
has gone into thy neighbor's pantry, and sto
len thsrefruma leg ol mutton, and I aw him,
and could cull him by name, what ought I to
'Pay fur the mutton; nothing can be clear
cr." "Know, then, Friend Foxcraft, thy dog,
even the beast men denominate Pinch-'em,
hath atolen from my pantry a leg of mutton,
of the ,u.t value
of four .hillings and six-
pence, wnicn l pata isr it mis morning.
'Oh! well, thea il is my opiniou that I mast
pay for il;' and having done ao, the worthy
r.i.n.l ln.nail In tnn-rt
" " - - ",7 7. -. , n.JL.: , ..:.j
larry yet a tune, irieiiu uruouuuiii, unco
tha lawyer. 'UI a verity i nave yet lartner
to say unto thee. Thou ewest me niue shil
lings for advice."
'Then veri.y, I muft pay thee, and it ia my
opiniou I have touched pitch, and been defiled.'
A Western Incident.
Jc'' ll,r.e head, peeping at him
., , ,. .
S. years ,g. . geutlem.it travelling m
a thtnly-seltled portion of the great W est.
nnuing no note. near uj , w.eu up
ner tune ut a log-bouse in tne middle of a
clearing and made application for a meal.
Western settler, are proverbially hospitable,
ami he wa.at once invited in,
Hi. hostess bustled about end prepared the
table. When all waa ready, our traveller
was requested to sit down. H had caught
glimpses of three tall figures, which proved
to be great awkward looking gir!,wh seem-
ed very shy, but at the same time curious to
scan the stranger.
him i .. .i i.;Jn'r it... ,i.u k
. , hinlae;f
tne motner, aon i you gu m muo iuvis
. hurt VOU."
But they were not to be persuaded.
She next invited our Iriend, who being
dressed in broadcloth, er'tort, clothe.," .he
took for a minister, to say grae.
He rose giavely, und after a preliminary
ahem, lor the purpose of collecting his tho'l
" Here's a basin el bread, and. platter of meat,
AuJ three lonj girls atraiil to eat,
Who show ol (loo1 manners so awful a lack.
As to stand iu ill. doorway, and peep through a
Our hero had .carcely finished the list sen
tence, belore there waa hard a noisy scam-
from the door and up the lad-
der. which served in lieu for .tair.. branch
Monument to the Murdered Butler.
The citizen, of Louisville have erected a
monument te W. II. G. Butler, the teacher
.hot by Matt. Ward. It is an elegant pi.ee
of workmanship, built ef Italian marble, and
about ten feet in height. Tha inscription
on its aid area follow'
"William H. G. Butler, born in Jefferaon,
county, Indiana, October 8d, 18J5, died at
Louisville, Ky., Nov. 2d, 1855 " On tha
reverse; "A man without fear and without
reproach; of gentle and retiring disposition;
of clear and vigorous mind; an acoampliabed
acholur; a devoted and successful teacher; a
meek and humble Chriatieu." On the north
aide: "He fell by the band of violeno, in the
presonce of his loving pupils a martyr to
hi. fidelity iu the dcbarg of hi duty." On
the ooulh ide: "Tbi raonament is erected
by hi pupil aad a bereaved community, to
show their appreciation ef hi worth, and te
ooreetuate their horror at hi murder."
This i not more a menument to th ur
dered man than to the murderer; for, en the
stone, to the gaze of llye, i hi crime en
graved in words that no atonement can wash
away, now ruuer. ueiver row mm
own memory if he had suffered some legal
' kiJ.fc.a.-SMdu.ky Reg.
j. . - ,