OCR Interpretation

Western Reserve chronicle and weekly transcript of the times. (Warren, Ohio) 1854-1855, January 31, 1855, Image 2

Image and text provided by Ohio Historical Society, Columbus, OH

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84028384/1855-01-31/ed-1/seq-2/

What is OCR?

Thumbnail for

Cbrcnkl anb transcript.
M. . HOWARD, ; :
J. B. COX. ::::::
: Bai-rea hanimL
: Imuit Xarroa.
"Warren, Wednesday, Jan. 31
Eternal Vigilance!
v The slare power never lose an oppor
tanity of dividing the forces which are
arrayed against it. No matter how con
tradictory and inconsistent the means, h
Barer lets slip an opportunity of weaken
its enemy through any regard for its
own truth or for the eongruity of its own
arguments. Now it threatens the disso
lution of the Union if its demands are not
granted, and now again, finding its doe
trine of d.ssolution turned against itself
it whines out to you the mo-t deprecato
tj twaddle about the invaluable bless
ings of that same Union.
To expect of our adversaries any con
atancy or consistency in argument would
be foolish enough, but in one thing they
are models of persevering, obstinate and
untiring determination ; and that is, in
their support of their " peculiar institu
tion" by every means, fair or foul, which
accident or any incaut:ousness or over
sight of the Republican party may put
' "within their reach. . They hare become
perfect adepts in the art of "dividing to
onquer," and are now trying their skill
" to the ntmosL Every difference of opin-
ion which formerly existed between
members of the Republican party, is
harped upon nnd exaggerated, in the
- nope of reviving some of the antagonistic
feelings which have been laid to rest by
' that fraternization of freemen which has
redeemed most of the Northern States
' from the power of their sham democracy.
Issues which are purely local, are raised
' into importance as national question, con-
trary to the intent of those who started
them, because the South hopes to weaken
' in this way, the combination of Anti
' Slavery men, who have been induced to
''drop all other questions, and fight to the
bitter end the last grand aggression of
" the Slavcoerats.
If they succeed in getting freemen to
-. - quarrel about other matters, they know
- very well that their success is certain.
- - It will not do for us to say that we will
V make a political issue of some new ques
.' tkra, and fight each other upon it, till
some particular assault of our common
enemy is n ade. We can no more be
- victorious by such a course, than could
r the allied armies before Sevastopol, if,
- ? when they are not repelling a sortie of
- .the garrison, the English should turn
their artillery upon the French, and
- nc ale their old disputes the subject of
-- new battles. Hot blood thus excited
"i will not cool off so as to allow a hearty
. co-operation, and an enemy can always
- tamper with and destioy a party, whilst
its attention is diverted from outward foes
to internal dissensions. We may profess
J to bold one object paramount, but its
v; importance in our eyes is diminished,
and our energy in seeking it is weakened
-- when we suffer other things to come be-
r. tween us and it
The great question which is worthy cf
. a national struggle, is the slavery ques
tion. -For its sake Northern Whigs and
-? Democrats have consented to cast aside
. their differences and make common cause
y against the monster evil. The Republi
k ean party was not formed without diffi--'-eulty.
It vras no easy matter tobreak
the ties of old political connections, to
; leave the political parties which had been
-. made dear to us, by our action with
them in many a hard fought contest, bul
; ?the last bold stroke of the South, did
I-.-what the gradual progress of Anti-Sla-
very sentiment might , have been long
' a-doing, and a Republican party was
formed. The de-nationalising of slavery
-r is the work we have before us, and every
principle of economy of forces demands
--. that we shall not encumber ourselves
-- with other labor till this is disposed of.
We have the infamous Nebraska bill to
- repeal: we have the whole national ter
ritory to protect by an Anti-Slavery pro
r viso : we have to vindicate the Republi
- eanism of the North by destroying the Fu--"
gitive act : we have the inter-state slave
iv trade to crush : we have the District of
! Colombia to make free : we have to fix
- - true Anti-Slavery interpretation upon
the Federal Constitution, and to forco
h, our courts to adopt a strict construction
of every law which militates against hu
- man liberty: we have all this to do as a
-' national party, and is it not enongh !
- But we have work to do in the mean
time as a Slate party also. We have
- the example of some of the Eastern states
' to follow, in enacting laws for the pro
taction af our owa citizens from kidnap
pers, and for guaranteeing a trial by
.- jury to every one who shall claim the
r high privileges of Ohio citizenship, unless
. he be charged with a common-law crime
. committed in another state; and even in
that case to throw about him such protec-
. - tion as shall preserve him from attempts
. upon his liberty by means of sham in.
. dictments an! charges: we have laws to
r. make which shall force the slave catcher
to elect between claiming slaves as prop
erty, or as persons owing labor, and to
proceed by ordinary legal rules in mak.
irnv .two ntwr - tp niro mir rvn cini
fJW. " .... v v - ' ' -"
. I , T . . . C J
: against tne oiaca race 10 repem 01 biiu
put away, and the odious distinctions on
!:aceount of color to erase from our own
' statute book ; and is not all this enough I
When we were smarting under the
fresh blows of the Smth. the spirit of
- indignant defiance mantled every fcee
man's brow, but we are already being
attracted by cries of " Io, here ! and, lo,
f there!" while the insult and the feiers
f oar Southern masters sit less g limply
upon us ! The echoes of Senator WVI V
glorious declaration 01 luuejirom;- ji
the South has hardly died a y annm;
' the northern hills, and shall wv ale:.dy
' turn at the beck of our enptn'u ' t ri-l.t
upon ne w grounds, and about new Lsms?
. ..'.':.. " . : C.
' Th Cineinn'itf "almost every portion of .
the Log is put to some use, Adistin
imished phylosopher of that city, u now
! .
t ni
I k.
trying to turn uie "'-v"""
The roost 'interesting news from the
National Capital is that which relates
to the changes occurring in our repre-
sentation in Europe, and the probable
change in the Cabinet growing there
from. It is reported that Mr. Sjule'e
resignation has been occasioned by the
chilling treatment he has received from
the bon ton of Madrid ; that whilst every
official politeness has been shown him,
4b has been "cut" in all fashionable
circles, and unable to endure such slights,
he has resigned.
Mr. B reck en ridge will take the post
at the close of the present session of Con.
Mr. Misin, the Minister at Paiiiis
prostrated by paralysis, and his life is
in danger. Even if ht. recovers, it is
supposed that he will resign, and Mr.
Marcy, the Secretary of State is said to
look to that station as a pleasant means
of retiring from an Administration he
' Mr. Buchanan also, is reported, as
about to return from his English embassa
dorship, to look after his Presidential
interests. His successor is not yet fixed
The Houses of Congre:.s have passed
the week in merely formal discussion,
no business of permanent interest being
accomplished. The Pacific Rail Road
Bill is-referrel to a select committee.
The Kane relief expedition has not yet
secured the attention of the House. A
bill to prevent the immigration of Euro
pean paupers has been under discussion,
but nothing final has been done in any of
these matters. It will probably be sev
eral weeks befo-" the various commit
tees will be ready to report a completion
of the business referred t them, and
the public work of the session will then
Foreign News.
No important news from the Crimea
has been received within the week, but
the tone of the English press pretty
plainly intimates that the pubic senti
ment of Great Britain will demand an
entire change in the management of the
army, and in its organiza'ion. Lord
Raglan the Commander-in-chief, is se
verely blamed on all sides, as having
wasted the lives of his troops, blundered
in his generalship, and as being alto
gether superannuated and unfit for his
post The leading journals and period
icals are also firing hot shot into the
government, and urging an entire re
form of the army system. At present
there are at least three independent heads
of different parts of the service ; the
Commander-in-chief who directs the
movements of the troops, the Board of
Ordinance, who determine upon the
amount of arms, clothing, and supplies
needed, and the means of forwarding
them, end the Secretary at War, who
furnishes or withholds the money with
out which nothing can be done. Among
all these independent branches misun
derstandings are constantly arising, and
anything like unity of design or of ac
tion is almost impossible. The appoint
ment of a War Minister with a seat in
the Cabinet, who is the ultimate referee
in disputes between the departments be
low, seems to increase rather than di
minish the mischief, as the army may
be mi ned whilst he is settling the differ
ences which have arisen in the various
branches of the service.
The recall of Lord Raglan, a re-organization
of the Administration of the
army, and a new system of promotions,
by which merit instead of seniority shall
secure advancement, are measures which
the papular voice is loudly demanding,
and which will probably be granted.
Our Temperance Law.
We publish in full, in another column,
the recent decision of the Supreme Court
of the State, sustaining to the fullest ex
tent the liquor law now in operation.
For some time past, it being known
that cases had been taken up to the high
est tribunal, and were there pending,
there has been a lull in the attack upon
the drunkard makers, because many per
sons have been unwilling to take the re
sponsibility of acting whilst it remained
uncertain whether the law would be sus
tained. This decision removes all doubt.
and Temperance men need fear no obsta
cle in their future attempts to test to the
utmost the efficacy of the statute. The
quibbles against the Constitutionality of
the law, hiccoughed out by a tipsy judge
who disgraced the bench, have been
completely answered and every section
the law declared valid and in full
In Cleveland, some of the large estab
lishments have published a declaration
that they will no longer attempt an eva
sion of its commands, but will forever
cease the liquor traffic.
We trust the Temperance men of Trum
bull will not be behind their neighbors in
zeal and energy. If they are active as
Ihey should be, our townships and vil
lages may be rid of this vice.
Affairs Kanzas. The following
account of affairs in Kanzas is from Mr.
Bond, one of the Massachusetts panj, j
uo wrni oui io seme mat country. His
letter is dated a Lawrence :
" Our new city goes on bravely, build
ings being erected at a rapid rate. Such
the demand for a location here that
members of our association can easily sell
their interest for 8")00, as buyers are
plenty. Mr. A. Lawrence, of Boston,
has given notice that he will erect a col
lege, building here in the spring, and a
school building to prepare young men to
enter this college, is now going up. Pro-po-nl
ar now being received for the erec-
n' n 'hrce-story brick building, 80
foe! bv SO i be occupied as a hotel.
ip- u- w pipers are about to start, the
pii'ili-ih ts biing in the street erecting
ir ni :
rl'l .
. , . . '
ri nnri ntfi lawvfra in ihp niiu
....: : I '!
-it . n i iv i
mill, n enst mill, and a sash, blind und .
-ii ti . . i l '
piauii g mill, i he two store-keepers have
u k.. : ,i .. i . i
much business as they can attend to, ; .
r .. i r
p fit f!ipm pinnlnvinT finirtMn fa.mc in;
i.i.i- iiww in jtjrrt tlllUII a lAIVC Saw .
ep him supj lied with good.'
Elder Bain's Letter.
We Lave received the folbwing com-
: niunication from Mr. Morris and publish
j it through courtesj to him, and also
j that our readers may see how purely
verbal is the defence that gentleman
makes to the severe castigation Elder
Bain has administered to him for his
political course.
Jfeetrt. Editor : The recent commu
nication of your correspondent, J. Bain,
contains some items which render it my
duty to ask a small space in your col
umns, as many of your readers have not
seen the article of mine which B. in re
fers to.
He quotes my language " Elder Baik
endorses the secret political organization
of the Know Nothings," and replies, '-lie
does not." The language used, from
which I felt authorized to say he endorsed
them, is found in the Chronicle of 25th
Oct. last. Ha there savs, "Your railing
entreaties, your deep-toned reflections on
the Know Nothings, who it seems dare
assert American liberties." Whether
this amounts to an endorsement, readers
will form their own opinions. I had no
intention of misrepresenting his position.
I certainly undetstood it to be favorable
to the order.
In the quotations and inferences of the
"reply" are several discrepancies, which
should be set right.
My article contains these words ; "Is a
change of power from Congress to the
people hostile to morality and religion f
I deny it, and maintain that it belongs to
the science of government, rather than to
the theory of salvation." In the reply
are these words : " You claim that the
late bill does not belong to the theory of
salvation. I say it does belong to the
theory of damnation. Moral action may
be good or bad, and when a Rev. Senator
denies this, it is past comprehension,"
Ace. I used the phrase "theory of salva
tion" in its obvious sense, and had not
the least thought of denying that moral
action may be good or bad. Readers of
no more than ernimon sense will not fail
of the meaning without perceiving any
such denial.
I took the position that the C mstitution
does not empower Congress to legislate on
slavery, and argued thus : " If Congress
has the Const ituiional power to forbid it,
it may allow and legalize it ; for power
to restrict implies power to legislate on
the subject, which (legislation) may be
either pro or con." The " reply" refers
to this and says, " You say to forbid im
plies to allow and legalize it." Let the
readers judge whether I said any such
thing I cannot find it.
Elder Bain says, " In the Nebraska
bill, slavery is as safe there now as any
where in this Union, unless freemen
enough go there to cast out this foul devil
that Congress ought not to let in. You
say " this can be done." My language
was, " It tt free ; there is no slavery
there" "cannot be till there is a law au
thorizing it."
In my article is this language : " To
withhold that power through want of con
fidence in their ability to use it, would
have a tendency to stultify and degrade
the settlers." Elder Bain quotes me
thus : "But you say to withold that power
(power seems to have become your one
idea,) would have a tendency to stultify
and degrade the settlers."
The " reply " has the words, " good
laws forbid slavery, (not allow it as you
infer.") I have inferred no such thing ;
it cannot bo found in my article it it
can, show it.
The small paragraph of mine which
Elder Bain says is " so near profanity
that I will say but a word about it,' I will
transcribe that the readers may see for
themselves. Here it is: "Man, when
placed iu the garden of Eden, was inves
ted with the power of doing good or evil
why was not the power witheld lest it
should be abused ? We cannot compre
hend the Infinite mind, but we can under
stand the fact that it was seen best bvHim
who cannot err that man should possess
this fearful power."
Whether it is fitting to attempt an an
swer to a pen that runs so loosely, putting
me in a position that 1 never even looked
at, while it overlooks arguments drawn
from the constitutional powers of the Sen
era! Government, I leave each one to de
termine for himself. In Noreis.
Settlement of Kansas.
,,i.iiiiii.c maim niaiuiii iiatiim at tins
, , ..' u .
tune a large number of persons enrol ed,
. . . -.
who wish to go to Kjnzas, and it ever,
, .r. b- . , . -
had. 1 he emigration ftver is increasing
The Massachusetts Emigrttion Aid
Society, for the settlement of Kansas
Territory with persons opposed to slavery,
according to the Boston Advertiser is like
ly to prove a profitable investment for its
stockholders, though not so intended. It
"It has so made its investments, which
are very considerable in amount, that
its means are already enlarged by its
profits, a iid it would sell out this day to
handsome advantage."
As regards the character of the settlers
sent out by the Society, the same article
tells us that when the Rev. Mr. Lane
organized a church in Lawrence City
Kansas, he found a larger proportion of
men and women who had been church
members at home than he could have
r i : :i i - -1 i
States. It was also ascertained, when i
av.U..u a.w a....w. v,u I
tiie Kansas Atheneum was organized in
the same city, that more than one voter
in fan urua as mata. n I Inm uta aniiniitinn
The Aid companicSj as llie Advertorial
forms us, have not as yet paid any raan'
passage to Kansas, all who have gone
thither having paid their own way. The
Massachusetts company has used its
means in founding the city of Lawrence,
and erecting a saw mill, forges,-boarding
houses, lyceum, public library, school
house and church. Settlers go out with
out persuasion or aid, and those who
went out first can now sell out their lots
for $5'J0 in advance, besides the cost of!
improvements. Since the closm; in of
winter, the Massachusetts company has
been preparing itself to operate with great
promptness in the Spring, and has added
very considerably to its subscriptions.
At the opening of the next season, it will
found towns like Lawrence in other parts
of Kansas, and will send forward a nartv
Kansas, and will send forward a partv
. -
emigrants every Tuesday, beginning
wii I irp n rui ni i on- i riai'inir nf I nic .
i . r- i- . i , I
n.. inr. it nnnn mill irnti nn
count ot the hard nine.
News Items.
A Maryland officer named Pope, has
been trying to get the Sheriffof Montreal
to help him run back fugitive slaves in
Canada. Pope is promised an inl reduc
tion to Jude Lvnch should he cross the
line after colored fugitives.
Among the deaths reported by the last
steamer at San Francisco, we ol-serve
with regret that of Mrs. Stanley, wife
of the Hon. Edward Stanley, former
member of Congress from North Carolina.
At a recent funernl in Oswego, held
in an upper room, the floor gave way and
some fifty persons mostly ladies, fell to
the floor below, together with the corpse.
No one was fatally injured, but many
were cut and bruised, and one woman
had a leg broken.
The common Council of New York
have voted a gold medal valued at 8700,
and the freedom of the city to Comodore
Perry, for his services in Japan.
A bill has been introduced into the
Illinois Legislature making it illegal for
any conductor on a rail road to carry a
black man without his first presenting a
certificate of his freedom, and making
the conductor liable for double the value
of any slave that may escape by its vio
lation. The Nebraska men only support
it, but it cannot pass.
A man named Martin was shot dead by
a gang disguised as Indians, in Grafton,
N. Y. He had bought a tricl of -land
of Van Rensselaer, and waj engaged in
cutting and hauling wood from it, when
he was surrounded by fifty men. He re
sisted, when one of them drew a pistol
and shot him, from the effects nf which
he died in a short time. Several men
have been arrested and examined, but
no clue to the murderers has yet been
A sale of 810,000 Ohio State S:ocks
will be made at the State Treasury, Feb.
1st. These stocks were deposited to se
cure the circulation of the Canal Bank
of Cleveland.
Judge Jessup, of Montrose, Pa., has
induced some thirty boys to leave the
city of New York, and go into Penn
sylvania, where places are provided for
them among the farmers of that State.
All the lads went out together, under the
pare of a son of their benefactor. The
world might be worse than it is.
A Woman in it. Rev. Mr. Yates,
late President of a College in Lebanon,
Illinois, disappeared a few weeks since,
most mysteriously. Previously to his
departure he wrote a letter to a friend,
requesting that no search should be made
(or him, as he had become disgusted with
life and was determined on destroying
himself by drowning. Recent develop
ments, however seem to indicate that his
disappearance is not so suicidal in its
character as at first supposed. A woman
is in the case. Cin. Enquirer.
A notorious rowdy named Jamrs Kelly,
waskilled about one o'clock this morning,
on the corner of Main and Thirteenth
streets, by a woman named Mary Ann
Costello, a prostitute. Miss Coste'lo, in
company with Josephine White, was
walking along the street, when Kelly
came up, and without provocation knocked
them down. Miss White rose to her feet
and inflicted a slight wound in Kelly's
chin with with a small pocket-knife.
Mary Costello then stabbed him with a
large bowie-knife, under the arm pit,
severing the arteries, and inflicting a
wound of such a nature that he died of
hemorrhage in a few minutes. The
Corcper was summoned, and rendered
a verdict that the deceased had died of
hemorrhage from a wound received in
an affray in which he was the aggressor.
The womec were brought before the
Police Court this morning, and discharged
from custody. Cincinnati Commercial of
Mr Kingslet, of Kalamazoo, states he
raised seventy bushels of Poland oats the
past season ( beside tailings) from half
a bushel sown ! This is a large yield,
and very difficult to equal.
An Unlucky Elopiment. Near Am-
herstburg, Canada, a few days ago. a
married man was eloping with a young
woman, when their sleigh wasoverturned.
The girl's neck was broken causing in
stant death ; the man suffered a fracture
of the leg, and was taken to a hotel in
Amherstburg, where his wife is now
kindly attmding him, in fulfillment of
ber marriage vow.
They ake Coming ! The Hetmann of'
tf, Pccor.v nnr. ri,r
has issued an order to the Cossacks of
the Don, in which, after setting forth the j
religious character and objects of the
war in which Russia is engaged, he says:
r . r r - a j ii ;
"Let all of you, friends, saddle your!.
J 3 ;
horses, sharpen your sabres, fasten firm, j
ly your dreaded pike on its shaft, and I
in the name of God and the Czar cornel
qjj T '
The Tribune states that in the sixth
ward of New York alone six thousand
... '
persons were fed by charity on Friday
. 1 ft . I .L . l
,as, ana on a'uraBy numoer was
equally large. At the doors of Linden
mullers, Stewarts, and at the Five Points
Mission, where soup is distributed, the
police have to be in constant attendance
to keep order. The Tribune further
says that no Americans are among those
applying for this kind of charity.
Ohio Pejutentiarv. Mr. Bruck, one
of the Directors of the Ohio Penitentiary,
has taken charge of that institution, and
will superintend its affairs until the first
of February, when it is understood that
Mr. Buttles will give a decided answer
as to his acceptance of the Wardenship
The law provides that all accounts for
claims against the Penitentiary shall be
certified by the Warden, countersigned
by the clerk, and endorsed on the back
by at leaM one of the Directors, before
being presented to the Auditor of State j
for payment. Thus it will be seen thatj
the law provides for no interregnum in
f u !.. m. i i.
iuc miiue ui u aiutrii. m i iuijiirmi uc-
i- i-.- i n . i
clines auditing any bills until a new V ar-
. j i . i i i
den is appointed, but has placed a nor-
-r . r i . .u
tion of ins private funds at the service
iiia r.rn rm nr iva riipn
,r i
Bruek to carry on. the affaiis of!
the prison
m.Mote Journal.
[From the Columbus Journal.]
Official Decision of the Great Liquor
SATURDAY, January 20. 1855.
f001'0" lt 13 nwessary to aver and prove
in a like manner that the seller knew the
. , . , , , ......
buver to be intoxicated, or, in the habit
0f getting intoxicated. (Burney's case, 8
O. R. 2:17, followed and approved,
To convict for a violation of the
Jsuerj Asanel him. But if he desirs :
Present Thurman, Chief Justice, and 1
Ranney, Bartley. Warden, and Keuiion,
No. 143. Frederick Miller v. The
State. In error to the Prubate Court of ,
Clermont county.
No. 179. Levxn Gibson v. The State.
In error to the Probate Court of Union
The plaintiffs in error were prosecuted
for violations of the 4th soctiou of the act
of May 1, 1S34, entitled "An act to pro
vide against the evils rusuhing from the
sale of Intoxicating Liquors in the Slate
of Ohio ;" which section provides: "That
all places where intoxicating liquors are
eold in violation of this act, shall be ta
ken, held and declared to be common nu
isances, and all rooms, taverns, eating
houses, buzaurs, restaurants, groceries,
coffee-houses, cellars, or other places of
public resort, w here intoxicating liquors
are sold in violation cf this act, shall be
shut up and abated as public nuisances,
upon the conviction of the keeper thereof,
who shall be punished as hereinafter pro
vided." Being convicted, they were, respect
ively, sentenced to pay fines and be im
prisoned ; and orders made that the rooms
by them kept should be shut up until bond
and security should be given pursuant to
o the 8th section of said act. To reverse
which sentences and orders these writs
were brought.
Thurman, C. J., delivered the opinion
of the Court. Held
1. .That, for .aught that appears in the
journals' of the Senate anl jjousf of
Representativesof the General Assembly,
the act of May 1, 1854, entitled, "An
! act to provide against the evils resulting
from the sale of intoxicating liquors in
the State of Ohio," was constitutionally
2. That the provisions of the Consti
tution (Art 2, Sec. 16.) that, "Every
bill shall be fully and distinctly read on
three different days, unless, in case of
urgency, three fourths of the House in
which it shall be pending shall dispense
with this rule," does not require that
every amendment to a bill shall be read
three times.
.3. Every reasonable intendment is to
be made in favor of the proceedings of
the Legislature. It is not to be presumed
that the Assembly, or either H mse of
it, has violated the Constitution. When,
therefore, it appears by the journals,
that a bill was amended bv striking out
all after the enacting clause and inserting
a " new Bill," so called, it cannot be
presumed that the natter inserted was
upon a different subject from that strick
en out; especially when the matter in
serted is consistent with the title borne
by the bill before such amendment.
This is the more obvious since the Con
stitution provides that "No bill shall
contain more than one subject wMch
shall be clearly expressed iu its title."
Art. 2. Sec. 16.) Nor does the fact that
the inserted matter is called a " new
Bill" prove that it was not an amend
ment. 4. No bill can become a law without
receiving the number of votes required
by the Constitution, and if it w as found,
by an inspection of the Legislative jour
nals, that what purports to be a law upon
the Statute book was not passed by the
requisite number of votes, il might, possi
bly, be the duty of the Courts to treat it
as a nullity. But it does not follow that
an act was passed by a constitutional ma
jority is invalid, because, in its consider
ation, the Assembly did not strictly ob
serve the mode of proceedure prescribed
by the Constitution. There are provis
ions in that instrument that are directory
in their character, the observance of
which by the Assembly is secured by
their sense of duty, and officiul oaths, and
not by any supervisory power of the
5. Neither the 1st, 2d, 3d, 4th, or 8th
sections of the act under consideration,
properly construed is repugnant to the
Constitution. In saying this we do not
mean to affirm that the Legislature has
the power to wholly prohibit traffic in in.
toxicating liquors in this State. Withoul
deciding whether the Assembly has any
power over this subject in virtue of the
general grant of legislative power in Sec,
1. of Art. 2, of the Constitution, we hold
that the enactment of said sections of the
law is authorized by the expsess grant of
power in bee. 18 of Art. 16, in these
words: "No license to traffic iu intoxica
ting liquors shall hereafter be granted in
this State, but the General Assembly
may, by law, provide against evils result,
ing therefrom."
6. A violation of either of the 1st, 2d,
or 3d sections of the act, subjects the of
fender to the penalties mentioned in the
first clause of Sec. 8. It is not necessa.
ry in order to incur these penalties, that
all three sections be violated.
7. If a sale violate all three sections,
the offender may be prosecuted under
either of them ; and his conviction, or ac
quittal, will bar a prosecution, for the
same sale, under either of the other two
el. But a conviction, or acquittal, under
the 1st 2d or 3d sections is no b ir against
prosecutions under the 4th.
To convict for a violation of the 2d
section, it is necessary to aver in the
information, and Drove on the trial that
the seller knew the buyer to be a uinor ;
and to convict for a violation of the 3d
jTiii ii ii vt? i'i tuci III UJCI
inf irmaiion, and Is prove i n trinl, that the
place, where the li.pior was schl, was a
'place of pu'lic resort. And the i roof
JM. u. . t inn t r to n.'.Au..r. t ........ in . I.
must also show that it was a place where
liquors were habitua.'ly sold in violation of
the act. A single sale does not make the
place a nuisance, or a seller a " keeper,"
within the meaning of the act. A series
of sales is necessary.
- 1 1. No order to shut up, or abate the
place, can rightfully be made, unless the
nuisance continues to exist at the time
such order is made. For it U the unlaw,
ful business, (and not the place per se)
that creates the nuisance; and, hence,'
where the business has ceased, there is
no nuisance to abate. No man's property
can be forfeited as a punishment for
crime, the Constitution providing that no
conviction shall work a "forfeiture of es
tate." (Art. 1, Sec. 12 ) Hence there
is no power to deprive a man of the use
of his property, unless it be necessary in
order to abate an existing nuisance.
12 The order is not to be directed to
any office r. It is not an order to be exe
cuted by an officer. It is an order to the
person convicted, obedience to which may
be euforced, if the nuisance be continued
by attachment for contempt of Court.
The order being made, if the convict
cease to keep a house of public resort, of
the character referred to in the 4th sec-
lion, he need five no bond, r-.n) linvimr sr
ceased, no attachment can properly be is-
ntinue kcrping such house f public re-
n, lie nnisi, in order io avoid tn iniacn
ent, give bond. He has his rleetion.
i qu't keej ing a house of public resort
r to give bond and.kr ep it without vi 1 itit g
.e Uw.
The following information is sufficient
i law :
Tub State of Ohio, Clermont Cocn
r, ss. Probate Court, May term, in
he year of our Lord one thousand eight
mndrcd and fifty-four; John Johnson,
Prosecuting Atorney of the State of Ohio
fur the said county of Cleruont, now
here in said Probate Court, in and for
aid county, in the name and bv the au
thority and on behalf of the said State of
Ohio, information makes, that on the
second day of May, in the year of our
Lord one thousand eight hundred and
fifty-four, and from that day until the
commencement of proceedings her in, to
wit, on the twenty-third day of May, iu
the year aforesaid, in the said county of
Clermont, in the said State of Ohioone
Frederick Miller, was, and has been un
lawfully the keeper of a room of pub'ic
rert, where intoxicating liquors were
and have been then and there sold by
said Frederick MiKer, in violation of an
act of the General Assenib'v of the Stite
of Ohio, entitled "An act to provide
against the evils resulting from the sa'e
of intoxicating liquors in the State of
Ohio," and pas ed by the General As
sembly on the first day of May. in the
year aforesaid, contrary to the form of
the statute in such case made and pio
vided, and against the peace and dignity
of the State
Prosecuting Att'y of Clermont Co.
14. A precution under this act can
not be commenced in the Probate Cmrt.
It must be commenced before a Justice
oi lue i-eace or juayor. cut no very
strict conformity between the informa
tion and the original complaint is neces
sary. If the charge is subst mtially the
same in both, there i no room to quash
the information on the ground of vari
ance. The proper rule upon this point
has already been stated at this ferra, in
Gates and Goodno v. The Stat:
Xul liel record is not a proper replica
tion to the plea of former conviction pre
scribed in the Probate Code. For there
is no profert of a record in the plea.
fTM 1- - ,
The proper replication is a general de
nialof the allegations of the plra ; and
the issue thus made up is to be tried bv
the iurv emnannelled in the cnv, '
. i
Beat at their own Game.
There is a story connected with the
election of the U. S. Senator in Tnwa inn
Hood to be lost. The facts, as we r,ath-
er them from the Iowa City Jicpubltcan,
appear to be these.
,tJ''S &.nf'e-ing a bare majority on
the side of the Slave Democracy, at nrst
decline going into an election of U. S.
Senator ; but, on reflection, concluded
to go into joint meeting with the House,
while the Republicans were yet unpre-
Linicu mi. il c bauuiuaie. a u Ullcr eniOV-
1 f "J 3
ing the confusion of their opponents,
a iiourn sine die. The two Houses met
on the 5th inst., and after several unsuc
cessful ballotings, instead of adjourning
without day, a motion was carried to ad
journ the Convention If the next- day
Here was a fix, and how to get out of it
was the quesJon. It was finally deter
mined by the manages that, if the jS"n
ate should adjourn on the 6th before the
hour fixed for the adjourned Convention
to assemble, there could be no joint meet
ing. Well, they tried it. But, Io ! and
behold ! at the hour appointed, the mi
nority of the Senate found themselves in
the body of the House ! and the Conven
tion was called to order.
Now commenced a scene of confusion
which, from the account we have of it,
must have resembled some we have wit
nessed in the Legislature of our own
State. But it was no go ! The majority
held them to work, and a sound Repub
lican was e'ected to represent Iowa in the
Senate of the United Stptes, in the place
of Augustus Caesar Dodge' the Ntbras
kaite !
The constitution of the U. S. says
"The times, places, and manner of hold
ing flections for Senator and Representa
tives, shall be prescribed in each State by
the Legislature thereof." The Conven
tion of the two Houses, being a distinct
organization for particular purposes de-1
lined in lie Constitution of Iowa, and
having in this instance fixed on rules for
its own govornment one of which was,
that, as a distinct body, called into ac
uon oy ute necessary legislation, it could
vention met as before stated, and finished
work, much to the satisfaction of the
majority, but to the sad chagrin of the
astute manages of the plot to defeat the
will of the people.
1 liprp 14 a mitral in thia cln.v rint oa
it is rather musty we forbear to repeat
L. State Journal.
Boy Drowned. The Adrian Watch-
tower of Tuesday says that Francis, a
lad about ten vears of ape. the son ofi
- o '
Mr. Russell Lyman, of that city, went
skating Monday afternoon on the River
Raisin, near the southern part of the city,
with his cousin Winter Williams, aaed
. i afi i r miiFTnan ifAOra t l a rni tm
t wt t a
, ; - x
the river, and it was so thin That it rave
its sve i a i win 4 rj a di'iiii" puis iutu
wi-v with him. He was struggling in the
chi ling water; his cousin called for help
from two men who were working near
by ; but seeing that it was impossible for
ihem lo reach the spot in time to save his
little playmate, Lyman, he resol utely
sprang into the water in hope of his res-1
' r.. , . ,.r ,,.
cue. let, sad to say, his etlorts werel
ineffectual: both of them became be-.
numbed and exhausted ; Francis sank to,
rise no more, and inter was saved by
timely aid of the gentlemen whom I
had previously alarmed. I
p. 1 . , r
There are some interesting and af-1
fecting circumstances connected with the ,
death of this little boy, which we cannot i
refrain from publishing. j
Just b,efore Jy s,,artl,;(, f'r the icp !
the mother of the little hrank, called
him to her and cautioned him to be care-
ful and not break through the ice. The
little fellow promised he would; Bnd
1 .... ' . .
stopping a moment, told Ins mother If,
he should get drowned, not to let any of j
the bovs disturb ins playthings, and to
.i n . i - i-..i
nave mem an sent io ins nine cousin in
Cincinnati." He then kissed his mother
and went lo play.
Just as he went under the ice for the
last time, he said to his companion, "good
bye. Winter," and sank to rise no more
in life. His body was recovered soon
after and carried to his afllicted parents
and relatives.
A Sign. The Washington Union of I
me lfa - ! .
w. 1 a. I I ..! . '.I- . I -
a with lira
startling announcement : siootuton me,
Back bone of the Jew becrtt Order ! j
a . 1 An nn ... ,l..... L
1 llltril t;19 Uii li urjiwuuvc 111 UIIU
Nothings in good set terms. As with '
the Union everv extension is Abolition-
ism, we count this a good sign.
There is danger that "the new order" !
H, oi r, .
overturn the ilave Democracy ot
' :
Hie Ulu nonunion at the coming feprin
lie Old Dominion at the coming Spring
election. What influence has this pros
pective event on the new discovery off
Un'ont State Journal. 4
Home Affairs.
I quenCC comPared "h ,h r ""ob
its j truslve but more substantial studies which
j occupy most of the student's attention in
j the routine of his daily duties. The
! teachers all feel this, and we hone that
an opponent, who, npon getting the
, , . r :, i i:
'worst in the contest of wit and logic,
S3 . t0 resort to blackguardism;
drew, saying he had no taste for a con
the test at throwing filth, for at that, the con
he , , , ,
queror was always the one who had the
H 3
least scruple about defiling himself.
Exhibition ofths Union Schools.
On Friday evening the schools of the
village met at Empire Hall to close the
first winttr term by an exhibition. The
hour for opening the exerciies was fixed
at six o'clock, and as we came down
towna few minute before that time, strug
gling against a blinding snow storm, we
ontluled that we should find but a slim
attendance, and that it might be wise for
the Superintendent to adjourn the exer
ci?es to a pleasanter evening. Our sur
prise may bn imagined when we found
tire great hall packed to overflowing, and
every standing place fully occupied,
whilst crowds who could not get admission
were clustered about" the ' doors in the
lobby. It was a very agreeable disap
pointment toJind our people sufficiently
interested in the Schools t3 turn out in
such numbers, in spite of the inclemency
of the weather.
The exercises commenced promptly at
the time appointed, and the young people
acquitted themselves to the admiration of
all. Amonj the many excellent per
formancss we can hardly select any as
especially commendable. The singing
by the primary schools was greatly ap
plauded, and the song by the South St.
school under the care of Miss Baker was
a decided hit. It was a parody on "What
can the matter be, " and the refrain,
"Parents don't visit the" Schools," was
received in a manner which showed that
it was felt and appreciated.
While speaking of the music we must
not omit to mention the admirable way in
which the brass band gave several pieces,
enlivening and giving a pleasing variety
to the exercises.
A couple of duels sung by Mrs. Strat-
ton and Miss V hite, would have done
honor to any concert room. The sweet
ness, power, and smooth flexibility of their
voices were universally admired. We
; knew we had many beautiful singers iu
. ' . . . .i , .
lown but were hardlT PrePared t0 find
anv canable of endurintr the nrrlosl
- '
nrfnrm,n0 kf,r ... !., a:
! , r ... . ,
C'"K ' acquming memseives m
i such an a'st-like manner.
The declamations and essays were all
j well delivered, the only drawback being
, the difficuIt of ,n8king ,he whoe &ud.
I , . . , ,
lence hear' "ng from the great length
tne ha" 8f,d tne disturbance from
coughing, dec, which is unavoidable
upon a severe winter night. Three or.
l I- I i
'g'nal periodicals were read , one from
f '
l,,e Grammar School, and two from the
High School. They were made up
original articles furnished by the scholars,
and were read by the respective editors,
whose performance of their duties was
warmly applauded. A poem upon Mu.
sings, was recited bv little Miss Jexxt
Bi rcrard in a particularly charming
way. A couple of extracts from Cicero
were declaimed in Latin by young gen
tlemen from the High School, and al
though the pieces were not intelligible to
most of the audience, their distinctness
of enunciation and appreciation of their
author, spoke well for the thoroughness of
their instruction.
But we cannot go on at this rate, with
out taking the programme in order, for
all the exercises were excellent.
We are glad to know that the labors
of Mr. Marvix, the superintendent, are
highly estimated by our townsmen, and
we trust that the exhibition will have its
effect in producing a public sentiment
which will spare no cost or pains to put
the schools upon a substantial basis as
to buildings, apparatus and all the nec
essary educational tools. If it fails in
this, the pleasure derived from the per
formances will be of little worth ; for the
departments of study which show most
0n such an occasion are of small conse-
an increased zeal in supporting, in en
larging, and in perfecting our Schools,
will prove that Friday evening's enter
tainment has not been wasted upon the
A Victobixi of light colored fur, he
longfng to Miss Harmon, was taken from
the ante -room at Empire Hall, on Fri
; day evening,
Disagreeable consequen
c"mBJ oe Pon w"
L i i r . i i
il return it forthwith to Dr. Har-
Anecdote. An old Greek was en-
gaed in a nretty sharp argument with
whereupon the former immediately with-
The rtory is a trite one, but it has
many good applications to children of a
larger as well as of a smaller growth,
Mr Howard ha, beeQ confined t, tis
, ,
rwu ,ur "car'-T ,orln,S,u' D7 a ,nJnr7
: i t i . i . it ii.
receneu mmi an acciueniai iaii. ne is
now recovering, and hopes to be at his
post before Ion-
Tna Photbactbd Miitings have con
tinued at the several village churche
during the week. The attendance is
stil large, and the success of the effort
very cheering.
Fair Plat. In order to give both
tllriaac a-af tlm nitn 7 iiiioetini. Wnifrt WO
. J T J 7 V rV
miz - iast wi-eic- we cupv u.c
. :. ... : ... ' fin ,
'"6 J"'""" "
the Democrat.
Tn Tub Pinnvfri 1 ' It was not mr
10 I US. CHB0KICL1. 11 was not. my
snoP - 1 ao n01 aeaJ P,aJ lui- 1 uu uo'l
ask the boys to play with e. If a col- j
ored man fives vou $2 to put an adver-
tispmnt .n nnr rawr. vou would not :
1 T t 1 ' T A I
.i... . ...l ' i... J .
put it at the top ot a
Column, but
where it can not be seen.
GEN. BEN. SCOTT. New Topographical Map of Irumbull Co.
We are hajpy to inform our re dtrs
that Messrs. Matthew fe Co., of Phila
delphia are preparing to publish, as soon
as is corhpatable with accuracy, a new
and e mplete topographies! Map of Trum
bull County from actual sun t ysthrou rh
out. ,
Io furtherance of this object they have
secured thesuvracesof P. J. Browne Esq.
of New York, aw. 11 known civil Engin
eer,under whose care and supervision the
work will be carried forward to comple
tion. The following is what we have from
them of the matter to be included in the
map : every road in the sounty will be
measured and laid down accurately at a
scale of one and ahalf inches to the mile,
and all the angles in the roads as shown
by compass truly represented. The
streams will also be accurately traced.-r-The
original lot lines also will be shown
together with the number of each one,
on the roads in its appropriate places
will be inserted the names of each and
every property holder. -
On the margin of the map will be en
graved plans of all the large and impor
tant villages in the county. The whole
to be contained on a map about 54 by 40
inches, handsomely put on rollers.
We leave our readers tojudge wheth
er such a map will be valuable or not.
To us there seams but one answer that
can be given and that is that it is indis
pensable. Every one who has had any
thing to do with public business will bear
us out in the opinion. A map of much
size has never been made of this county,
and none that gives ns a tithe the infor
mation that this will.
Before it is published it will be submit
ted to thepeople of the county for inspec
tion and examination in order to insure
its accuracy.
It seems to us the most laudable un
dertaking that has come to our knowl
edge in many years. We hope that
all will feel the interest in its success
that its merit demands, and help to sus-
tain it by taking a copy when the oppor
tunity offers. The testimonials, the pub
lishers have, from many of the most
prominent men in New York, makes it
perfectly sure that what they promise
they will perform. It needs but to be
explained to be appreciated. See ad
vertisement. Spiritual Lectures. Ma. Tiffant
has delivered several lectures of his
course, and has attracted large audiences.
He invites discussion and we hope will
get it. He presents an entirely new phase
of Spiritualism, and the differences be
tween him and the lecturers who were
here some time since are very marked,
especially in the manner of handling the
Bible, and its revelation.
Da. Tubbs. It will be seen by Dr.
Tubb's advertisement that the time for
his periodical visit to this place has al
most arrived.
Alexander McLeod has presented a
claim for 5,000 to the Anglo-American
Commissioner on Claims in London, dam
ages sustained during his imprisonment
and prosecution for the attack and burn
ing of the steamer Caroline, during the
patriot war in Canada.
Ia Bracerille on the 34th mat, by RtT. W. F. Miui
ka, Mr. Bim A- Milusah of Windham Portage Co,
to Mist Jclia A. dangater of Mr. Lewi J. Menria af
IaRiehnoDd Ontario Co, N. I, Not. SI, of naiig
nant djjenterj Mrj- RboDa A. C. wife of I J. Bcu
uri and daughter of Oarid and KnodaChamberUa for
merly of Mecca ; agad SS year.
Btfo SbbtrttstiTunts.
I3RIVATE SALE of a valuable little
. sroDertvin Lonlitown Trambnll CoqiUt Ohio.
containing about T6,S acre of land, of which 11 acrea
ia woodland and tne rest ia araoM land in a mga aiaia)
of culture. The improvements consist ot S conveni
ent Dwelling Douses, and a large and well built Barn,
and other oat buildings, 3 wells of excellent water with
stone pumpa, there ia also a young Orchard of ehoica
fruit. This property ia worthy the attention of any one
wishing a nice and comfortable home, it is in sight of
the plank-road, and 4 miles southwest of Warren, and
adjoining lands of Mr. Healip, Mr. Hainaelmaa and
others. Any person wishing to Tiew the property
will be cheerfully shown the same by calling on the
subscriber residing on the primisea.
Jan. 31 "55 3w
Joseph C. Thompson. 1
Sims DAdama, I CiTil
William 6aahnaur, J
The Defendant ia this action ia hereby notified thaa
on the eleventh day of January A. D. 1M5. we caused
an order of Attachment to be issued airainat him the
miA Willi. m liuhmur. bv Samuel Fnler a Justice off
j the Peace of Bristol lownahip. ir the County, of Trum
. J bull and Ante of Ohio, for the si B of I M,6i and costs
whivh said Ord;r has been duly K.tj ud returned and
said case aijoarned for trial, to the 1st day of March,
A. D. Ie5i ana o'clock t. M- af said day.
Jan. 31 '55.
-J Darid Haynes & B4ward a Drake, )
Kxecutora of William Knight Dec. I In Trumhull
v. County Com-
Thomaj M. Wolfe. John Wolfe, m 1 moa Plena.
Giles Clark, Defendants. J
The said Thomas M. Wolfe dt Giles Clvk are notified
that the said plaintiffs on the 'Jitth of November, IciM
filled in said Court their petition setting forth among
other things that certain lands of the said John and
Thomas M. Wolfe, have been sold in certain proeeed
ngsby the said Giles Clark in the said Court aaaiDSt
the said Thomas M. and John Wolfe te satisfy a decree
therein had against them and that after satisfaction
thereof, there remainsin the hands of the Sheriff a
surplus of money, belonging w them jointly of mora
thau four hundred doUars, and that the plaintiffs in cer-
tain proceedings aeainst said Thomas M. Wolfe, com
menced in said Court by attachment on said mods, duly
recovered a judgement against him at the October term
of said Court in S4 for the sum of one hundred and
eighty seven dollars and sixty two cents (f 137,6 and
coats of suit to be taxed, and seeks tbt- application of so
much of said surplus as may be necessary, t savUfy
said judgment. The said Thomas M. Wolfe and Gilea
Clark, nan answer said petition, by the 31st day of
March IniS, or judgement will be rendered against them
by default. Sl TUPr ot TL'TTLE, Atty. for Piffs.
Jan. 31'io6w
-X- TWEM'E YEARS 'There has been ft great deal
of puffing and steaming foing on in the town papers,
a thing I never waa in the habit of doing. 1 only take
this simple saethod of informing my old custonMrs. and
the public in general, that I have commenced keeping a
small tirocery and Beer UalL, on Main atroet. Now 41.
(the German Sign.) where yoa ean find such grocery
articles aMialty kept in such a store. I also kees keep
on hand a first rate article of ALB and Bi-fcR, and in
Tite all of those who are friends of the same The Halt
ia kei open every day, Sundays excepted.
Warren, Jan. 31st, lf5S. P. BISHOP.
hereby given, that the subscriber has been-appointed
Executor on the estate of Anna Eva Trnesdale,
late of Liberty, deceased. All persons having claims
against said estate, will present them within ont year,
legal'- authentic-aied, to me. at Liberty; and all per
sons Indebted to said estate, are requested to make im
mediate payment. UKNttY BAK.1H ISfcW
Jan. 31. lHii. 3t Bsecutor.
T ROM BULL COL'STT. OH IO. The amlersif ned
are preparing to pnMiah as suoa as is compatible with
accuracy, a new and eoasalete auDcf Trumbull Coun-
"tirelj from actual surrers. The surreys will ail
,1.1n,w Kneiaeera. All the pwMie
fvu.la !..,;. .lw.ll.nir- nbtflM of WaPahin
lo.ooi Hwm. couiTtjn nowia.Mu.a,
. w
Map. of Erie. Ontario, LiTinKston.o.nesee.and osw-
Coanties ic. at, ia Kew York ay tha saasa put-
tWH i
Inisru - fl in the amrgin. Tlie whnle will hcplollrilto
ih Mian I if wtll K.
tne scale of I luenes to tna mile so as to ssaka a
Uryre and rnajuenul map 4o b enirrared and detirer-
co,.T. till.LETTK MATTUKWS A Co.
NolTMlnoaSt. rhiladelf ha 3nd gtorj. Jan. 315

xml | txt