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TJ1E TRINITY TIMES 18 ISSUED EVERY SATURDAY Mur.M.VO IIV IS. A ISO WE. Publishcp and Proprleto*. ♦ • • Publication Office corner Main and Court sts in the office of Cram. 1 toners it Co. & Lx* press. Orders for »Job W ork solicited. [From the Louisville Journal.] Memorial of one no longer Mortal She sleeps that quiet sleep, JV which earth’s weary ones are vainly sighing, While flowers, like angels, keep Mute vigils round the spot» here she is lying, And leaves that quiver in the treeso’erhead Weave low, and dirges for the tranquil dead. The grave in silence holds The form that moved so lately in our pre sence, While Memory still enfolds That love which ever made her life a plca sanee; Oh, not the shroud, the coffin,_ and the pall Can clasp affection in their gloomy thrall. Serenely o'er her fell The mantle of the missioned one of heaven, As dies tile vesper hi ll In low, sweet echoes on the air of even ; No anguished impress marred the voiceless Or jnv with those who feel the thrilling kiss That wakes the soul to purest earthly bliss I By few, by few indeed, Her outer life was comprehended duly, And fewer still could read The fitter feelings of her nature truly ; Hut they who In-ld a place in her esteem, bound "friendship full, a clear, unfailing stream. Sad is the world to \ lew. Since to the grave in sorrow they consigned hot— The worshipped of the few l’ond, loving hearts that all too deeply shrilled her, "Who built the altar i f their hitman trust On what could fade, and found their idol duet! We leave her to In r iv:-t — The poor, tired body to its motLcr’a keeping, Her spirit with the blest, Whose courts are saddened with no voice of weeping; Peace to the dead ! Enmity ig fraught With glories which transcend our highest thought 1 .Tames Lombard. Catherine, St. Mary's l aiish, La. SUPREME COURT January Term, 1 .‘.3. 'Opinions rendired in t'ansrs before the S»- prone Court, on Twndny. JJ uc/iii, I '.3.3. Joseph T. dilcd.ntoch, respondent, vs. David lit yileu, ct al appellants —Apptal from the lentil .Judicial District, Nevadacounty.— 'Tliis cause conics u]> upon an appeal trom an order grantingon injunction, and it will not be necessary to notice many of the points made : by counsel in their briefs and arguments upon t the bearing of the cause. McOintock, the plaintiff below, claims that lie has settled upon, and now occupies in good faith, a tract of land in the county of Nevada, for grazing and agricultural purpo ses. That he had made large and valuable improvements upon the same, and that lie Inal quietly and peaceably enjoyed his pos st ssion for some years prior to the entry of defendants, in the business of farming and grazing. The defendants below set forth in their answer, that the land so claimed by IWeCliutoek is ruining land, and that whilst engaged in the business of extracting gold front the earth, they advanced their works to the enclosure of .McClintook, the plaintiff, and that the earth contained within the en closure of the plaintiff, was valuable for gold mining purposes. Thu record discloses, that upon affidavits setting up these facts, amongst others, the <’minty .1 udge of N• vad.o county dissolve.I the injunction granted hy the 1 nstrict Judge, and that the dissolution of the same was fol lowed by a mh ivi d order of injunction from the District Judge. It is further shown that the District Judge refused to set aside the writ of injunction, upon application made to him .for that purpose. The appeal having been taken from the order granting the in junction, wc deem it only necessary to no tice the main issue, by the bill, answer and affidavits in the record. The important question is now prcsi nted to us. as to what right a person may acquire, if any, in the gold bearing districts of this State, by virtue of his prior possession by means of enclosures and improvements for farurng and grazing purposes. It has been the admitted policy of the different govern ments of the world for many ages, when those governments had jurisdiction over soil containing valuable minerals, to reserve those land* for the Uj< of the government, and ex clude them ns far as possible from any claim of private ownership. Many reasons have been given for this policy, prevailing from the earliest times; one, that the government having alone the right of coinage, it was in cident to that right that it should control the metals to be coined ; others have thought licit the doctrine became general in the days of the feudal ages, w hen nations were almost constantly in a state of war, and the revenues ol kings were much straiglited hy the Ire quent and Iwavy ehmges of expensive nrma liieiits, uud that the necessities of revenue ami euri cnc> excluded the idea that anv sab jietof the crown should, hy virtue of ids ow licl ship o, lands, have it in his power to prevent the extraction from the soil of the wealth so ntceh needed. JJut whatever may have been the origin of this doctrine, it is not uncertain that it lias been acted upon down to our own times. The Government of the flitted States, being a government of the people, lias, j, s ns its action Inis b. > n determined, modified this claim to the precious u." tals, ard d< riv ing its revenue from other sources, has, by its uniform policy, permitted its citizens, and subjects of other state*, to u-e the public lands for the purpose of extracting the most valuable metals from their sod. Treating the gold lands of ti e State, then Us well as the minerals in the soil, as belong ing primarily to the General Government, »be ha-, bj act: of , reserved from THE TRINITY TIMES'. VOL. l. settlement, under lier laws regulating the occupation of the public lands, all lands upon which mines may exist. The Government of the UnitedJStates will issue no patent to a pre-emption claimant upon mineral lands, who claims the same for agricultural purposes. The plaintiff below has then acquired no right to his settlement from the General Government. The State of California having an Undoubt ed right to pass laws regulating the manner of defending and possessing the public lands within her borders, by virtue of her police powers, if she has no higher right, has pro ceeded to define w hat lands may be possessed lor agricultural purposes, in the act of April 1 lib, 1850, and tlie act of April 5?0th, 1850. (Sec Compiled Laws, 8'J(i). And by the provisions of these laws, she expressly excepts from their operation, and refuses to protect, any location upon lands containing any of the precious metals. The act of Apr.! 13th, 1850, passed “ for the better regulation of the mines, and the government of foreign miners,” seems to give, hv necessary ini plica tion, whatever right the State might have in the mineral in the soil, and the right to mine, to all native or natural boiu citizens of the United 8tates, who may wish to toil m the gold placers. The act of 1851, regulating proceedings in civil cases—section 021 defining “ that in ac tiuhs i i <peeling mining claims, proof shall be admitted of the customs, usages or regula tions established or ill force at the ‘ bar’ or ‘diggings' embracing such claim”—would seem to imply a permis/ion upon the part of the tSiato to the miner, to seek wherever lie chose in the gold bearing districts for the precious metals, and would seem to extend to him whatever right she might have to the mineral when found. Jiut the inquiry would naturally arise here, as to tvliat right the phi!:.;: ii' can have in maintaining possession of the farm he claims, sinuate upon mining lands, to the exclusion of the miners, whilst he i- in good faith searching for gold. The policy of tin. General and State Gov ernments has been to reserve these lands from settlement for agricultural purposes. A'l t!i Ii .-I n of both G ivu-uinents I lug upon th s qu< t on, d< nies the claim of il.. s uii i'h r agricultural purposes upon mi; : r..l land , m.d ins tea 1 of denying to the miner the privih of extracting gold wher ever found, tlie one by its tacit permission, and tin. other In the Uniform tendency and implication of its laws, has given him that privilege, end allowed him to define and re gulate his location in the mines, by the loeai customs and laws prevailing at the place w here lie is following his milling avocation. It lias been contended in thin cause, that the location of tlie plaintiff for agricultural purposes upon the lands ill dispute, had taken place prior to any legislation upon the subject of mining lands, and tint, therefore, theso laws, passed with reference totl.i burnings of milling, can have no effect in denying the right to his possession, because they would be retroactive in their operation, 1 cannot perceive tiio foiee of this objection. The plaintiff never had, from the time of his loca tion, any right, derive i from either Govern ment, to the possession of mineral lands en closed by him, 1 1 the exclusion of miners who were, in good faith, proceeding to ex tract the gold from the earth. The plaintiff is in possession without show ing a right of property; and relies upon his mere possessii n, by buildings and enclosures, for liis right to recover in this action. A bare prior possession of agricultural lauds, w hich were public lands, lias been held sufficient in some of the new (Stales and Territories of the t nion to sustain ejectment as against a per son invading that possession. The wants and interests of a country have always had their due weight upon courts in applying principles of law w hich should shape its condition, and rules must be relaxed, the enforcement of which would be entirely un suited to the interests of the people they are to govern. In the new agricultural States, it was the policy of the government. ar> well as of the people, that the large and prolific waste lands should be early settled, cleared, and brought into a state for its cultivation. The actual settler upon those lands over much of the territory of the Union, was al lowed the right of pre-emption, and the gov ernment recogni/.t d in him, by virtue of his settlement, a species of property in the pub lic lands. It was necessary lor tlie encour agement of actual settlers, that without legal title to their property, and without actual ell closures, they should be able to remove any person entering upon lands claimed by them. ilut, how is it with the ease before us? The plaintiff settles up m and claims mineral lands for purposes of agriculture, to the ex elusion of miners, against the policy of both tlie < tcncral and State Governments, w ithout right, and claims protection in his puss- ssion merely because he was first upon the grounds; that he had fenced in a farm, and was occu pied in the business of raising crops. Tlie maxim of the law f/t (id piinr eel in tempire, print cat ui jure ,” cannot be applied in pro tection ot a person who settles upon lands re served from settlement by the policy of the law, as against one entering for a purpose encouraged wherever mineral lands may be found. To sustain the action of e jectment in favor of a party relying upon mere prior posses sion, the deliaidant in the action is treated as an intruder and wrong-doer who invades without right in the premises. The defend ants lu low were in the ex* rcise of a pen-cable and lawful calling, ami in their search for gold in the progress of their works, they dis ; coveri-o that the plaintiff had enclosed ground in a milling district, which they believed to be valuable for gold milling purposes, and upon w hich they cult red lor the purpose ot carrying on tln-ir business of extracting gold This was not (in a mining district) the act of intruders or wrong-doers, but tlie nei of per sons following a lawful and honorable pursuit upon ground reserved to such purposes by both the policy and law s of this State, and the evidt nt policy of the general government of the United States. If the doctrine were otherwise, it is plain to perceive that person* without any rigid but that of possession, could, under the pre tenee of agriculture, invade the mineral dis tin-ts of the State, and swallow up the entire mineral wealth, by settlements upon 1C lucre '■'acts of land. It would be using the law to a very bud purpose. if wc should allow a pier son. who has no evidence i f title hut his im provements, and no right but that of the na ked possession he has usurped, to destroy, for h • | *n benifit, the business of a lu-ghb-r i e WEAVERVILLE, CAL., SATURDAY, MARCH 17, 1S55. hood, and put, as well the government, as the mining public, at defiance. f therefore hold, that a person who has settled, for agricultural purposes, upon any of the mining lands of this ictate, has settled upon such lands subject to the rights of miners, who may proceed in good faith to ex tract any valuable metals there may be found in the lands so occupied by the settler, in the most practicable manner in which they can be extracted, and with the least injury to the occupying claimant. The order granting the injunction in the court below, is therefore reversed, with costs. Bryan, .J. I concur.— IIydenfeldt, J. lnriu vs. I'h.illips it al. —The several as signments of error will not he separately con sidered, because the whole merit of the case depends really on a single question, and upon that question the < use must ho decided. The proposition to be settled, is whether the owner of a canal in the mining regions of this State, constructed for the purpose ol sup plying water to miners, lias the right to di rect the water of a stream from its natural channel, as against the claims of those who, subsequent to the diversion, take up lands along the hanks of the stream for the pur pose c'f mining. It must he premised that it is admitted oil all sides that the mining claims in controversy, and the lands through which the stream runs, and through which the canal passes, are a part ol the public do main, to which there is no claim of private proprietorship, and that the miners have the right to dig for gold on the public lauds, nut settled by this Court in the case of Hicks vs. Bell cl al. It is insisted by the appellants that in this case the coni ion law doctrine must be in voked, which prescribes that a water course must 1 c alloAcd to How in its natural channel. But upon an examination of the authorities which support that doctrine, it will be found to rest upon the fact of the individual rights of landed proprietors upon the stream, the principle being, both at the civil and common law, that the owner of lands on the banks of a water course, owns to the middle of the stream, and lias the right, in virtue of his proprietorship, to the use oi'thu water in its pure and natural condition. In lit s case the lands are the property cither of the Slate or the United States, and it is not necessary to decide to which they belong for the purposes of this ease. It is certain that at the common law the diversion of water courses could only he complained of by riparian owners who were deprived of the us -, or those claiming directly under them. Can the appellants assert their present claim its tenants at will 1 To solve this question, it must he kept in mind that their tendency its ol the ir own creation, theirTcueiiieuts of their own selection, and their selection subsequent in point of time, to the diversion of the stream . They had the right to mine where they pleased throughout an extensive region, and they selected the bank of a stream from which the water had been already turned for llic purpose of supplying t'ue iioi.cis .u ano ther point. Courts are bound to take notice of the pol itical and social condition ol the country which they judicially rule, in this State the larger part of the territory consists of mine ral lands, nearly the whole of which is the property of the public. .No right or intent of disposition of these lands lias been shown, either by the h luted Slates or the State governments, and with the exception ot certain State regulations, very limited in their character, a system lias been permitted to grow up by the voluntary action and assent of the population, whose free and unrestrained occupation of the mineral legion, has been tacitly assented to by thr one government, and heartily encouraged by the expressed legislative policy of the other. If there are, as must bo admitted, many tilings connected with this system which are crude and undigested, and subject to tluclua tioii and dispute, there are still some which, a universal sense of necessity and propriety have so firmly fixed that they have come tu be looked upon as having the force and ef fect of mi judicata j among these the most important are the rights of the milters to be protected in the posscs.-inn of their Selected localities—and the rights of those win) by prior appropriation have taken the waters from their natural beds, and by costly arti ficial works have conducted them for miles, over mountains and ravines, to supply the necessities of gold diggers, and without which the most important interests of the mineral region would remain without development. So fully recognized have h-come these rights, timt without any specific legislation confer ring or confirming them, they arc alluded to amt spoken ol in various nets of the legis lature, in the same manner, as if they were lights which had vested by the most distinct expression ol the will of the law-makers ; as, tor instance, in the Revenue Act, “Canals and water races” are declared to be property subject to taxation, and this when there was none oilier in the htato than such as were devoted to the use of mining. Section 2d ol n.iticle Dili of llie same act, providing for the* assessment of the property of companies and assoeiuliiiim, among others, mentions, “ dam or dams, canal or canals, or otln r works for milling purposes.” This simply gins to prove, what is the purpose of the argument, that however much the policy of lie- .“stale ,« indicated hy her legislation, has conferred the privilege to work the mines, it has equally conferred the I iglit to divert the ntn urns from their natural channels, und as these tw-, l ights stand upon an equal footing, win u tjicy couth't they must be decided by the tael of priority upon the maxim of equity, prior nl in limpoie, prior ml in juir. ’J |,e miner who selects a piece of ground to work must tak. it as lie finds it, subject to prior rights, winch have an < quid iquity oil ac count of an tqual recognition from the sove iv gn power. If it is upon a stream, the wa ters ol which have not been taken from their bed, they cannot be taken to his prejudice — but if they have been already diverted, and for as high and legitimate a purpose us the one lit- seeks to accomplish, he has 1,0 riglii to complain —no right to interfere with tin prior occupation of hi* neighbor, ami must abide the disadvantage* of Ins own selection. It follows from this opitiiou that the judg rnent of the Court below was sohstantia'ly correct, upon the merit* ot the ca-.e presented by the evidence, and it is therefore affirmed. IJvnr.NSKLDT, ,1. I concur.— Mean at, (J. J. The King Who Sits ( poll A Throne BY Ql'ALLOX. The King w ho sits upon a throne, My friend, is but a man, \\ hose life, our holy pastors say, Is measured by a span! The crown lie wears is but a toy, llis gleaming throne the same; lie's but a mortal of the dust, And mighty but in name! lie rules a State and makes a lord, And is but human then, And seems the greatest on the earth l-uto the smallest men: llis words like pearls are treasured up, His royal smile is sought: llis toiling subjects often sold, llis gracious favors bought! Oh! men, why worship gilded things And titles that are Vain— AN by drink so deeply from the cUp 1 hat holds the draught of pain? AN hy toil in darkness years on years? 1 e were not made to mourn, For cheeks to feel hot trickling tears Like falling fire-sparks burn! V e have a power to make this world A heaven of your own AN here pauper ranks shall be Unseen And poverty unknown A our homes be full of all that’s good, Supreme with love’s dear eliarms, As beautiful as babes that sleep Within their mother's arms. Life's battle must be bravely fought With tyrants, hand to hand— Yoiircourageorownod with mighty tho’t, As summer crowns the land! And none shall dare to mar your peace, On freedom's shilling plain; lint all oppressors be imcrowucd, And silent as the slain! Tlie Lamentations of Me, Doesticks. Seventy Hundred and One, Narrow at., ) New Yoke, Jan.-d, 18i>.'>. J Sorrow is upon tin.* heart, a heavy grief upon the eottl, and a grout uflhotion in the hoineol'me, Doesiieks. My Iriend, theelmrin of my chamber, the oomforter of my lone ly hours, the treasure of my heart, the light of my eyes, the sunshine of my existence, the borrower of my clean shirts and my Sunday pantaloons, the permanent clothing and fancy goods debtor of my life, is no more. My sack-cloth garment is not as yet complete, my tailor having disappointed me; but dui;t and ashes lie in alternate strata un disturbed upon the head of me, I toestieks. Weep with me sympathizing world, bear a helping hand to lift away this heavy load of sorrowful sorrow, of Woeful woe, of bitter bitterness, of agonizing agony, of wretched wretchedness, and torturing torture, which now afflict* with its direful weight the luxil of me, Do,sticks. 1 grieve, I mourn, I la ment. I wet o. I suffer, I pine. I droop, i sink, 1 despair. I writhe in agony, I leel bud. Damphotd has departed this life. lie is buried, but he is not dead; lie is en tombed, but lie is still alive. Alter a metro politan existence of a few months had par tially relieved him of his rural verdure; af ter having seen with appreciating eyes the suburbs of a town which alone contains the entire and undivided Ktejihiint , he has volun tarily exiled hiinsclt to a stagnant village in the Western wilderness—a sleepy-ambitious little townlet, vainly, for many years, aspir ing to the dignity of city hood, but which still remains a very baby of a city, not yet (meta phorically speaking) divested of those rudi (iiineiitury triangular gaiments peculiar to Weaklings in an undeveloped state —without energy enough to cry when it is hurt, or go ttheadisin sufficient to keep its nose clean. A somnambulistic tow n—for in spite of all the efforts made for its glorification, it has obstinately refused to shake off' its municipal drowsiness —a very itip Van Winkle of a town, now in the midst of its twenty years' nap, and which will arouse Some time and find itself so dilapidated that its former friends won’t recognize it—a town which ac tualizes that ancient fable of (lie hare and tortoise —ami, ti listing in its capability of of speed, has gone la-t asleep at the la gin ning of the course, only to awake some fu ture day tii the fact that all her tortoise neighbors have passed it on the way, and it has been di-tanced in the race, rather than be disturbed in its comfortable snooze. A very sepulcher of a town, into which, if a would-be voyager in the stream of earnest life bo east away and stranded, In* is as much lost to the really living world, as if he wi re embn'med with oriental spices, and shelved away in the darkest tomb of the Pharaohs. \ town whoso future greatness exists only ill the imagination of its deluded hubiler, enterprise and public spirit are as bibulous as the Phoenix. A town which w ill never he a city, have in name, until telegraphs, railroads, | eoilege*, churches, libraries and busy ware houses become indigenous to to the soil of the Wolverines, and spring like mushrooms from the earth, without the aid of human mind to plan, or human will to urge the work, or humuti hand 1o 4 place one single stone. f or, sooner than this dormant town shall be matin i d into a flout ishiug IJity by the i men who now dole away their time within iis sic hoots, tie men of (irceuwood shall rise In in thi- 1 r mossy gmvi s and and pile their mat Me monuments into a tradesmen's market house. Vet here ha* the late lamented Damphool rcidovcd to bury himself, establishing there by all undisputed title to the expressive name he beats; and I can only hope that in his ixile some stray newspaper may lie wrecked within his reach, that he may come to know the present Lvurllt t lament of me, Dot -ticks. I have i vrr tried, O mighty Dnmph ed, to forgive thy faults and overlook thv frudiio*' Horne have insinuated that thou wi rt a* I sh, even unto meaiiess — “i/unn >uk ' ."nine have said that lliou w i i t l;./.v, but such have rievi r s-o n tin e eat. \\ hat though llmu wort foppi-h to a <b ga< <' -1 could forgin thy Shanghai coals thy two-acre turn down collars, arid thy pautal nns so tight thou harlst to pull lie rn on with boot hook*; thy I gorgeous cravat, with its bows projecting on | either side like a silken wing: thv leiooti eol fired kids; thy can brie handkerchief* dr p ping w iih compounds to me unknown; and thy blanket shawl, winch made thn* resemble a halt-brei d Hcotthman. f could overlook the bonrding-sehool-isin of the Miss Nanovish “Journal,” filled with poetry rejected of*the press, with unmeaning prose, with dyspeptic complaints of hard fortune, or bilious repin ing* at thy lot, and nil the senseless silliness which thou didst inscribe therein. 1 could endure the a dieted airs thou didst assume before the lady boarders, that they might think and call thee Pud; the abstracted air, the appearance of being lost in thought, and the sudden recovery of thy truant wits with a spasmodic start; the shirt collar loose at the neck, and turned romantically down over the coat; the long hair brushed back behind thy noticeable <ars, toshow thy “marble fore head.” 1 could admire that self apprecia tion of persona! charms which made thee certain all the young ladies were smitten un to matrimony with thy fascinations. How faithful wert thou in thy gastronom ien! nH'eotions! how constant to thy first love —fried oyster; and how attentive to the choice of thy matUrer judgment—boiled tur key, with celery. How unwavering in thy economy, never parting with a dime in char ity, in generosity, or in friendly gift; but on ly disbursing the same for a full equivalent in the wherewithal to decorate the outer mail, or gratify the inner individual. Mow consistent in thy devotion to music and the drama; always attending the opera or thea ter whenever generous friends would buy the tickets. What an intense appreciation hadst thou of literature, always going last asleep over anything more substantial than the morning paper, llmv fashionably sincere in all thy professions of piety, attending church on Sunday, reading the responses w hen they could be easily found, and sleeping through the sermon with as much respectability as any church member of them all; truly, most estimable I hinipliool, I shall miss thy inter mittent religion. I low lovely wert thou in disposition, how amiable in mantlet's; w ith what an atcotiuli ate air couldst thou kick I he match boy oul of doors, box the ears of the little eandy girl, and tell the more sturdy apple woman to go to the devil. Willi what a charitable look couldst thou listen to the talc of the shivering beggar child, could see the bar*' blue feel, and view the scanty dress while thy generous hand closed with a tighter grasp upon the cherished pennies in thy pocket. A natoinically speaking,friend Dams pliool. I suppose thou hadst a heart; emotion ally. not a trace of One; the feeble article which served thee in that capacity knew t.n more of generous thoughts and nobio iinpul ses than a Shanghai pullet knows 01 tile ope ra of Nonna. Go. iniinet'se thyself in that Western town whel'e, like the rc-t who dwell therein, thy abilities will be Undeveloped, thy talents will he vailed, thy energies rust out. mid thou wilt become, like them, a perambula ting, passive, pci petunl sacrifice to the lazy gods of Sloth and Sunnily. I shall mourn thy taper legs; I shall la ment thy excruciating neck tic; 1 shall weep that last coat that did so long ti tail untold; 1 shall sorrow for thy unctions hair, and grieve for thy perfumed whiskers; i shall look ill ...III f a tl'.V p'aii- I’ll beads and j, ... I ed hand; I shall miss thy intellectual counte nance. radiant with innocent imbecility; and I shall lose my daily meditation upon tlie pro curious frailty of those intangible legs. But, ancient friend, when hereafter all the rustic maidens hate yielded their hearts be fore thy captivating charms; when thy man ly beauty is fully appreciated, and thy intel lectual endowments acknoW'bdged by the world, deign to east one eoti b seem fc*g ! glance downward toward thy former fiieiid ami perpetual admirer, and give one gruemus thought of kind retnembraneu to Borrowing, disconsolate me, I (oestlf-ks. • I 'limphool, thou arr^hpAutivc— there is nolle greater, f arewell! I leneeforth, friend ship to me is hot a name, mi l I survive my bereavement only to concentrate my affec tions upon my einhryonio whiskers. Sym pathize with me, Mr. KJjtor, and i remain, yours, inconsolable, ilfl the bell lings for dinner. K. PlIILANIlftR Dor-TICKS, ]‘. B. Tiie Most 1’orui.An I'i.ant in tiik Woiii.h. — Some of our readers may mil be prepared Ibr the fact that tobacco, tliuiign not food for man or beast, is the most extensively used ol all vegi table productions, mid, tiert to sail, the most generally consumed of all produc tions, whatever, animal, vegetable, or miner al, on the face of the globe. In one form or other, hut most commonly ill that of fume or smoke, it is partaken “by saint, by savage, and by sage.” There is no climate, from the equator to the pole, in wli ell it is not used; there is no nation that has declined adopting it. Knropeaiis, except, in the extreme cast, ale allowed to be the most moderate eonsu iriers, in consequent I its being with them generally an article of import and of heavy taxation, while their form of civilization ti erces to refuse the luxury to the geliller sex. And among Ifiiropcuiis our own nation fig ures us one of the lowest in proportion to to the population; yet the official returns prove that llm niiiiual consumption is on an average of Mi Mil ounces, or considerably mere tbun a pound weight to every mini, woman, and child throughout tin; I nited Kingdom of (treat Britain and Ireland. - Moreover, this consumption is greatly on tin inc'ioa-c. Between the years |s-.’| and IKH tin' inereiise was at. the rale of about one ounce per head; during the next ten y ars n it w as soiiiew hat less than 80 ounce; blit from I h i | to 1 is51 it was three < uriees; ma king an increase of nearly folly-four p*-i cent., in proportion to the population within the last thirty years. In Denmark, exclu sive of lie Duebil s, ill' HVCiagc rrli' Ullip tioii ui 1 hi.fi 1 wus nearly seventy ounces per head. Bui thbis nothing to wimt ,s used in warm countries, where tobacco is grown w ill t o.lily nod tree fi no taxation. If llie population of the cnrili In taken at l.oi.O mil 1 ion-, and the consumption reckoned n • quid to that of tin kingdom of Denmark, to seventy i liners per load, the produce ol tin- whole world will amount to nearly two in ill ions ol ions 1 1 't ■/ .'1,1 ' ) a tear. >e\» i,tv ounces a load, of course, fur ex cm eds the average conaump am ol Kuropi , in most of theeoiinlr.es ol wlnefi tobacco, ns before Stated, IS feulily lw*i d. It il e< rain, Iiiiiu or. oil I he otln r hand, that it Id s fur tdiort ol lie- censMinptK n ol Asm, Contain ing the roup i lly of manxmd, win re women and ehiidnii son ke re- w*|; « nun, and i where tfo' article is. moreover, unia ; I lie value of the qm.nl.ty thus consumed. . reckoned at 21 a pound, amounts to a ore i / >i,bn(;,o(iO xt r.mg.— An/’ i h jmjitr. TKiUiS—INVARIABLY IN A » V A N Cl:» For one year $HT| "For six month*.,.$!/• * R A T K* O F A I).V K R TtStM U „ . . For less- than-fouiMKet-ks—fiiat inse*> ... . lion por Mjuai e.ol' tjn linos or loss fl 00 Knelt subsequent insertion 2 00 Over f»ur weeks, ami under three months, first insertion per square 3 00 Ivuli subsequent insertion....' .... 1 7fl no. i r>. Ck.NKIIOSITT OF a (Tiixebk Honij Mkr chant, — A incrcliiiiit who hud resided many yeai at Canton and Macao, by maiden re verse of fortune wan reduced from a state of ’ afiluenee to the greatest necessity. A ( hi nese merchant, to whom ho had formerly rendered service, gratefully offered him an immediate loan ef ten titousnnd dollars, which the gentleman accepted, and gave him hi.s bond for the amount. This the ( hinese immediately threw into the tiro, say ing, ‘‘\\ hen you, my friend, canto to China, 1 was a poor mate, you tool: me by the hand, and, assisting my honest endeavors, made me rich. Our circumstances arc now revers cd: 1 sec you poor, while l have nfllucnce." I he bystanders had snatched the bond from the flames. The gentleman, scttxiblt atVect o,l by such rcnetm.ty, promd his Chinese lrten I to take the security, which he did, and then i beet unlit dcMroycd it. T he dis ciple oi Confucius, In holding the renewed distress it oeeassiomd, said he would accept his watch, or any I tilo valuable, ao u memo rial of their friendship, T ho gentleman inis mediately presented his wat<li,and the Chi nese in return gave him an old iron seal, saying, ” lake ties scaly it is one 1 have long used, ami possesses no intrinsic value; but as you are going to India, to look ulu r your outstanding concerns, should mi; tnrtune fur ther attend you, draw upon me for any u motiiit of money you may stand in need of, seal it with this signet, sign ii with your own hand, and 1 will pay the money. ’’ — Oriental. Moon linns.—In ninny a green valley of rural New England tlieie are children yet, boys and gills are still to bo found not quite overtaken by tho march of mind. There, too, are bankings, and apple bees, and quilt ing parties, and hugs old-fashioned lire-piu ces piled with crackling walnut, flinging ns msy light over many eountenimna of youth, and scarcely less happy age. If it be trim that, according to Cornelius Agrippn, "n wood fire doth drive away dark spirits,” it is nevertheless','dsn true that around it the sim ple superstitions of our niiocnturs still love to linger; ami there the half sportful, half-se rious charms of which i have spoken ale nf teliest resorted to. It Would bo altogether out of place to think of them by our black, unsightly stave,-, or in the dull and dark mo notony of our furnace heated teems. \\ ith in the circle of the light of our open lire safely might the vuuiig conjurors question destiny'; for lion*' hut kilitl.t slid gcli'le mes sengers from the woiidci • land should v; muni among I hem.— l Vliidiii'n lA'trui y Ilea ea liotin. I’AtlENCe.- The most 'Alra'r hi m i !• stllllOe of palieoei- o t'l col'd ill ia"deril times, is that of an l'linois til l;: ■, who |,«- tcUcd silently for two rfav* wlii lutflc i>( worthy ilt'nrncvH cont'-eded ah nit the com stiuctioii o| an net of the L' ■. iMtiftire, and III! II ■mild liie coiiti'ovcfuy by quietly re marking— •‘Gentlenii li, the law is Ieptaled;” I-OVI'TIAN I >lsi on a : is. — T he Cars eor* ■ cspolldent of tile ,V \. Jtilllllul </' ('<1111. un-ret says, that M. Auga-le Mara tie, a dis tinguished scientific gi iilleioiin, who for f.itiI* years past has 111 c|i employed by lie- I lem it government in making Kgy ptian reseaiehes, lias at length returned to l'nri«. T he pnio.l of Ins absence Inis In eii mostly spent among the ruins of Memphis, in the excavation of the famous liSiple ot :-i rapis. will Its avenues 1,1 J 1 < >t the results td hi* labors ibo VV fit ly of M,> ' w ba ll it l iy Inirii d lor so Tile luRi.'ll ot Greek aril Kgyprian m l til various periods, is cKlubUslicd by it number of statues w If h Were among flic images of be rnpis. Sculptured r< present ations III Apis wi re found by the aide ofstK- I ties of ! ’i inlar, Homer, CyetirgUs, ITilluigo ras, I'laio ami Kuripides, An alley or inn of six bund.' ecI sphynxes is tei minuted by a si ra of figures representing the principal Hellenic divinities genii pined, in the I’gyptian iiiatitit f, on miiinuls that l.-vmholiz.> those diviiiilica. T he most important ot Mr, Murit tie’s discoveries was tin tomb of A pis — a inoniiiuent < xcavat'd < n ti r<-l v in live rock. There me a handl' d vast cliambtfs, and a coiisiderahle mimher ot gaih rus and Streets - the ensemble of a teal subtoi lalicntl city. They supplied th discoverer with i» mliltitud, of etelm (ilioimly nts, shul'ts, status ettes, images of all dimensions and of every' age) deposited by the ancient. Ilgyptinns iti the ehamhciM and compartmentH of tlm ftine-' ral struct me, as tolu ns ot tin ir piobs dcvotioil to tlm mummy of the god worshipped at Memphis. There are epitaphs forming ;t> ehroiiologieal record-of each of tho Apis bu ried in th" common tomb. The sculpture i* of the date of th" pyramids, and the stsiy * are in tlm le st state oi pm nervation; the colorrf are perfectly blight; altogether the execution s admirable, and tin y convey an exact idu» of tlm physical character of the |irimitiv«f population.” 1 I" HATIOJV or \ KOKTABI.K I.IKE. f.olst land ay stalt s, that ill the course of his wan ' del ing'!, amid the pyuuuids ol J.gt pi, he mi ; ■ til'd on It In It II. tllV, ploVi d by its bh'logltpb" ies to he ai least 0(111(1 years of age, (hi < x innining the mummy after it was iiuuuif p'd, he found in Olie of its dost d bunds a mill |'nii4 or bulbous root. He was interested in tiny qu< stion how long Vegetable life could )a»l, and In* therefore took that tuberous root fr< in the mummy's hand, planted it in a sunny soil, allowed the tain* and di tvs of beaten l<' descend upon it, and m th" course of a lew weeks, to I 'i* astonishmi til and joy. the root l»n i'-I lot th, and bloomed into a bcnut'.ourf dahlia. 7Iei.i.s lit mi nv Foo.— We Is-Hevc tie ro are sevcrul poiina on t nr um tlieru eou.f, an I in oilier pai ls of tin; world, where tvl.irt are termed "fog bells” are now in opeiat <ai. lot* the putpn ot giving alarm tv w « * ». h* ir Hf'plouchilig the shore. The hlc/l of Ini s being rung by tog, however, is r » singular,, as to require an explanation id the m* eh i n- m employed. T lij appe.iatn* ".l-if > ■ r, ;>s tin* bell is wound up, and detain. - :mt up slat*, tit a lever ' \tetnor.' ' • . nert into tke op ii a r . . f 1 1 I- ver is atoxi d a laige s,a,; , . , ' - tlie mo.•*ure ti"in the tog le BVy, r " ■ I doWI 1. i «... Ir * ; ■ ehinery f.. a d t or r ' ■ »l i, cover is placed just .a.ove • i veut the ativorgt oil of tail, +~flvir«<i «r.