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The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, December 06, 1855, Image 1

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RICHMOND
PALLADIUM.
INDIANA
TERMS-S2.00, IN ADVANCE.
'Be just and Tear not: Let all the ends llion aims't at be thy Country's thy God's and Truth's.
O. P. HOLLOW AT & CO, FnblUbtrt.
Volume XXV.
RICHMOND, WAYNE COUNTY, IND., DECEMBER 6, 1S55.
Number 51.
"tMTED AND PCBLISHED BY
iP.nCUOWlI.B.W1DATIS k I. 8. DRAKE
,w f .rfvrrtLI-C
?u 1" '
ii,lH)
W an delayed advertiKmcnts w.U r.
LiTnrtc-- an'-a-half, and Urre cut tw prices
' i!..rt . f advertising. Other easci, not pro
in eojrA with the above rate,.
OI It JOS DF.PAUTJir.NT, j
r-rt weently P' h TW !
1 to do all kind of .Kb 1
. we are now uftiated to do all kir.di oi job
Txk,,,h a. '; - InW-,. w;,h t
lf ,BJ dtlot.. Orderj tUankfur.y and ,
W-i tin f rt..n II T.1'1" V lOI unif
pltfy ttndAl to. Adlrew.
Hoj-lowav 4 t'o.
THE OI. HOMHSTKAD.
W1i-n'r the bjit time U come
Tiiat to lue year b. longi",
Of upland bright with hrvet gold.
And ranndows fu'l of songa
WhT Ci M f yt unrsin corn,
An 1 Jaily (5-:nj stori-,
Bc-inind the thrifty hunbnr.dtna
Oi ampler thr.'hinff flo.M
Ho" pleaant from thn -iirt and dint
Of the th rouglj!an; a'.xof.
2rrm 'he 'M fashioned Homestea J,
W ith teep and mowy roof !
Wbn hom the woodman flodj with axo
Upon hi shoulder awnt.
And, in ln knottwl appl-tre
ArR -yih and nickle hun;
Whr-n liht f'.c swallow! twitter
'N. atri tha raftm of the shed.
And tha tabU on the ivied porch
W ith dwent eare it read
The heart it light and freer
Than bentu in popular town.
In the olJ-faabioced homeattoJ:
i:h gablca sharp and i.rowa!
TVhfn the flower, of summer perish
In the cold and bitter rain,
And the lit'le bird with weary wing
H.ve g'Hie aoros the main;
Whin cur'n thblno molio upward
l'p towards tlie bluer jky.
And cold along th naked hills,
And whif th snow drift lie
In tides of lore an 1 glory.
Is furjrot the tloud and s'orm.
In tlie eld fahioned llomeitead,
ith hearth-tone large and warm.
V rr.-iitp A MONO THE A RACCANI ANS.
Jj " . ,. !
W tare been greatly amused in rea'nSj
low the proud Araucanian luaians oi mu
it.u;r wnoino and marriaie: ami quote!
uu up .. a cj , '
iU following for our readers special gratifica-;
fci-not that it affords a useful hint for bache-,
Ion. but as show ing the manner in which "true
affection" is sometimes demonstrated". i foundation.
Generally when a young roan makes up his j j,ow sll0uW the worJ .subject," as it oc
mind to marry, he first goes to his -various j curg -m the constitution, be defined? Though
friends for aistence in carrying out his pro--n jogio anJ gramlnar it ias tecnieal mean
ject If he be poor, each one of them, accord- ings yet hcre k -s obviousiy to be understood
ing to his means, offers to make a contribu- j jQ p0pUar senso. Among ten definitions
lion toward the expenses: One gives a f:lt j given to it by Webster, he says it siguities
oi; another a horse; a third a pair of silver ..Iiat on wbich any mental operation is per
ipu. A moonless night is selected, and a forniej. that which is treated or handled."
rendezvous named. At the appointed hour ( Wfl finJ the fuuow;ng jn Crabb's English Sy
ths lover and bis friends, all well mounted, , nonymes: "Subject, in Latin tuhjectus, parti
cotigregated as agreed. Cautiously and m j c;ple of tur,jicio, to lie under, signifies the
Hence they approach, and surround the resi- thig forming the grouud-work." The term
dew of the bride. Half a dozen of the most mUit tjien ,uean vv-Iiat Blaekstone calls "the
snwotn sponen in toe company
ontihe fill's father, to whom they explain
die object of their coming set forth the merits
of the aspirant the convenience of the match,
Ac, aud ask his consent, which is usually
granted with readiness, for, perhaps, he con
siders his daughter as an encumbrance, aud
calculates upon what she will bring. Mean
while the bridegroom has sought out the res-
ting plaeo of his fair one, and sne. as in duty i
bound, screams for protection. Immediately j
I tremendous row commences. The women j
spring up en masse, and arming themselves
with clubs; stones, arid missiles of all kinds,
rush to the defence of the distressed maiden.
The friends interpose, to give tlie lover fair
play, with soothings and gentle violence en-
Ueavoring to disarm the tierce viragoes; but ,
they are not to be appeased, and happy the , it to the decision of the Legislature, to adopt
man that escapes without a broken pate, or the more iimiu.j or mun, con ,r,rei,cnsive sub
tome other bleeding memento of tho fight. Ject( as mav l)tJ deemed best. It only re
It is a point of honor with the bride to resist j quires, that nothin foreign to the subject,
and struggle, however willing she may be. Mjopted. shall be included fn the body of the
nntil the impatient bridegroom, brooking no j
delay siezes her by the hair or by the heels as j0 inu!,tte -,jIa fui ther: suppose
may be most convenient, and drags her along ti):U tlw subjoct of a book merely and six
ths gnand towards tne open d.n.r. Once ; plv jHW. ;ts pages miolu proWrly embrace all
f-.trlyout.side he springs to the aaddk-. and! kilids of law both divine and human, both
firmly grasping his screaming captive, whom j internH.ior,al and municipal, both wi-ilteu and
he pulls up over the horse's back; and yelling ( u,iwritiell. But if its subject is Civil Proce
forth a whoop of triamph. he starts off a: full ,urt,t it niU pntpt.rv t.mb:ace only Plea.i
pllop. The friends sally out, still pursued j pntciice and Evidence species' ol mu
by the wrathful imprecations ot the outraged ..fa avr. iti:s suhje-t is llvideuce, Piead-
matrous and follow last in the track ot the j,,., an.i lraclice wouhinot be "matters prop-fu-iure
Gaming the woods, the lover f vl.lv conneo e l"iherevith ." And if ii subject
dhei into the tangled thickets. Sometimes . wJre c, iminal Kvidence. that which relates
the parents of the girl are really opposed to
jn match. In which case tlie neighbors are
immediately summoned by blowing the horn,
aid rhast is given: but if tho fugitive once
tsTceJs in gaining the thicket in safety, the
Bur-rage cannot afterwards be annulled.
"Goon T.VP M TT.iwr man. fltniif i. -n e t n-:fr !
round that word! How full of sadness, and j with the subject shall be expressed in the title,
low full of sorrow, to us, it sounds! It isjbu". only that tlie subjoct itself shall be there
ith n; a consecrated word. We heard it expressed. And any other view of tho mit
once, withii) the year, as we hope never to . ter would de-feat the object of the section, by
nesr it again. It was in the chamber of death, ! requiring the title to be as full and as long ai
id the still hour of night's noon. The cur- j the body of the act.
tiins to the windows were all closed, the lights But ho.r must the subject "bs expressed
wre all shaded, we stood in the dim and ; in tha tii'e?" We submit that the con.iiiu
"oietna twilight, with others around the bed j tion does not require logical accuracy of ex
the dying. The damps of death were on j pression. It is enough if the subject can be
her p,t young brow, and coldness was on her j fairly collected from the language of the ti !e.
hp, as we kissed her the last time while living. It need not be expressed, ex directo, as single,
'"Good bye, my daughter," we whispered specific thing; but the objects of the law may
nd'ftood bye. lajher." came faintly from ' be enumerated in the title, and if. taken to"
2ier dying lips. We know not if she ever j gether. they fairly constirate the subject, that
P 'Km,.re, but "Good bye" was the last we subject is sufficiently expressed. And as a
er heard of her swort voice. We hear that comprehensive subject, if singly expressed,
wrrowful word often and often, a we sit alone, j would necessarily give but a "general and
wywuh the memories of the past. We vague idea of the matters comprehended un
nr u in the aileuce of the n-'ght, in the hours der it, it may often happen that the spirit and
w nervous wakefulness, as we lie upon out bed, intent of the" constitutional provison in ques
sinkiag of the loved and lost to us. We j tion the calling of attention, to the subject
r dreams, when her sweet face ; matter by the signfiicance of the title will
r back to us. We hear it when we sit j be most effectually carried out by expressin g
aer grave m the ccmetry where she j
ps, alone, with no kindred as yet by ber '
to W tn B0P f ur l'fe. the prop (
1 f un wn should come upon us, and .
-noma oe running to its drees
The :
"T ad the
prop is gone, and we care not j
b w i
j .. " uowa to fieep oesiae our: oeiore or aiier me ajcounrfmeiil ol the sub-
r,DJ. beneath the shadows of the trees in ! ject in general terms; or that announcement
eiJJ of the dead. Albany Register. j being omitted, the general subject may be
j collected from the particu'ars stated. Thus,
KSYoung America has his own way of! la the act under consideration, the phrase "to
'ipreseing his ideas. A friend of ours has! P1"0"10'. the manufacture and sale," as stated
rrom"s"3. three year old, u pen whom thei?tne tide, as prefixed to that part of the
fran-jinother wa. ,n.l...,;.. : f tile which einresses the subieet-matter. inTa
The One.li.-m waa iWIa -
J your da ly bread?' The reply was. - Hod.
-nma; but uncle IMer pms the butter
ndwar on it!' -
orthn4 , v.. .c,.,,. i li unpress; -r ; ; '
'imoioxy. The mi-.fi.-n ., .irv 'more fenem! way. m order to five nromi-
IN THE SUPREME COURT.
M TERM, 1855.
Rodesici Bekbe,
) Appeal from th M
i rion Common l'le&s.
John K. Focdray. Sheriff, e. i
APPELLEE'S BRIEF.
COSTI5CED.
Ai. Utht. onoj reoruary ,u, io?.t, or
. . - r-i . f. . . . . 7 -
tuppretsion r.j jniemjerujite, . .uuitr. K,
ti CiMxl'.ttitujn of fha State of India flu.'
We propound the question in this aneral
,or?n because counsel for the appellant insist
that the whole act is void. Un tic oLUer
band, we insist that the constitutionality of
tlie entire act ic not involved iu this cate; and
that a tlie appellant was proseeuied for man
ufacturing and .selling intoxicating liquor cou
tiary to the staiute, that part of it only whk-u
prohibits the manutai-ture and sale can ba
brought into question. We contend, there
fore, that it i:- enough for the present :a;. if
' those portions of the act forbid the manuta-.:-j
ture aud sale are h-ld valid. But as we are
satisfied that the whole act is constitutional,
and as our opponents choo-e to attack the
i whole of it, we have no particular objection
i to attempt the defence of the entire statu'.e.
j 1. The appellant's first attack is upon the
title of the statute. The title is as Jollows:
I "An act to prohibit the manufacture aud sale
of spirituous and intoxicating liquors, except
in the cases therein named, and to repeal all
former acts inconsistent therewith, and for the
suppression of intemperance." Our oppo
nents argue that this title, taken in connection
with the bod y of the act, violates the 19th
J section of the 4th article of the constitution,
i That section reads thus: ".Every act shall cm
! brace but one subject and matters properly
connected therewith; wntcu subject, snail be
embraced in an act, which shall not be ex
pressed in the title, such act shall be void on
ly as to so much thereof as shall not be
expressed in the title."
.19 TC UUUClM.tUU UIO UjJCliaillS . I. - M t J c,
thCy insist that under this constitutional pro-
,Vs we understand the appellants a.to'neys.
v;9ion the ,:lJe above quotd ja defective, as
,i ,i .
uuuiaiiiiiiL - uioio tii2u unu duu ci;i( iiu iw v-v-
sin 0 subject bread enough to compre-
t, yariouJs maUers in tha boJ ofrtlie
Let us see if this obiection has a solid
subject matter" of a law, what is treated or
handled, the general topic including all mat
ters which properly belong to it or "lie under"
it.
The "subject," then, is, to the matters
which naturally range under it, in natural
science, genus is to species.
.Now, it should be observed that the Con-
stitntion cmnliivs a o-enei-al term, "the sub-
je.t." not a particular subject, or a narrow
subieet. or an invisible suhieet. Its lamnia ro.
therefore, fairly embraces general topics as
particular ones; comprehensive, as well as
narrow ones. And as a genus may be but a
species of a higher genus, so the subject of a
statute may be but a subdivision of a more
comprehensive subject. And tlie general ex-
rir,.ss;on ; constitution ohvh.ulv leaves
b civil pioceediiigs would beexolu led. And
yet all thesj. from the highest to the lowest,
are equally and obviously proper subjects for
a trea'ise or a book.
The view of the constitutional st n -e of the
terra subject, is strengthene 1 by the consider
ation that tha section under review does n ;
ri.i 1 uir. lli-a fri- "mi'tr. t-i-.-.t-...,-1 i- .n t ..1
the subject by a specific enumeration of its
component parts; or. in addition to th.. wm-r-
al announcement of the subject, by stating
the particulars which it comprises, or by sta
ting the radical objects at which the law is
aimed. And these partic ulars may be stated
uhT a v i. .a k ' va
o . " - o x
nence to the leadin? instrumentalities by which
the "suppression of intemperance" is pro
posed to be accomplished.
'-In the construction of the constitution,: In the second place, it is not true that,
j we must look to the history of the time, aud , within the meaning of the constitution, the
! examine the state of things existing when it . title in question embraces more than one sub-
was framed and adopted, to ascertain the old ject. t expresses one only, and that, as we
! la sr, the mischief and the rf-medy." (Rhode, hare seen, is "the suppression of in'emper
' Island v. Massachusetts, 12 Pet. R. 65S.) ance." It is true that the title mentions oth
! These, as they ralate to the section of our con- er matter-; but they are plainly those subordi
. ftilution now under consideration, are very ra,e "matters properly eonuecled" with, the
: obvious. Under the old rule, all sorts of in- subjec, and are unnecessarily introduced into
j congruous subjects were frequently grouped t1s t;tje. To demonstrate this, we need only
! together in the same act. This sometimes ,,,,, .vo tT,a. tb .-eneral and leadin ' design of
; operated as a surprise, and even as fraud, oti
iegisla'ors, and was a serious michief. The
remedy intended was to enable legislators and
j others to form a general idea of the contents
of the act by a gbirtce at its title. And this
1 remedy is as compk-t, if the subject may be
fairly collected from the titl, as if it were ex-
pru-M-u iLcitin wi ii logical precision, i tie
' subject is equally plain whether it be express- :
. . i l . i . . i : t- . .
fj tiv an enumerator! or its nans, or Dv its tl-
' logical aniiomurernent. r
. If tho foregoing reasoning is wrong, a large
; proportion ot our statutes mut ta.i. lake,
as an example, our important revenuu sta ure,
1 R. S. 105. Its title is an "act to provide
f. r the valuation and assessment of the ical
and personal property, and the collection of
taxes in the "state ot Indians; and for the
('eetioii of township assessors, and prescri-
ine uu.iesoi assessor. Hpuirtiscis. ui ir-ti
'property, county treasurers ai,d auditors, and
of the treasurer aud auditor of state." 2Sw
! if ihe subject ol an act must be li'trally ex
- . . i ... i: . . j
pressed in the title, and cannot be tmpued . p,.aj 0f p,.:or aWsl deemed unfavorable to the
merely, w hat is the subject, or rather what are Hubject 0f the act, is a "matter properly con
th.e subjects, of this act? Upon the reasoning IV;).;e j vvjth that subject, and cannot, there-
'! of our opponents, it expresses at least three
subjects 1, assessment and valuation; 2, the
' election of certain officers; 3, their duties. So,
if the reasoning is right, the title and the act.
i as they express and embrace more than tlie
! one subject, are void. The difficulty vanish- :
! . . .r i:..l. l. . l ... .1 r.. . 1 , l
es, if we go a little below the surface to look
j for the real subject. That real subject is in-
j deed implied, but it is obvious enough. It is
a general subject too; but it is a right subject.
' It is the genus, Hcvenue. The word itself is
not in the title, but the thiifj is there. And
nobody doubts tho constitutionality of the
' act.
Let us take another example trom the most i
. . -r ,
, P naci,ei,t our. Kew. ates,
jour ; Code of Civd I rocedure This act is ,;
entitled "an act to revise, simplify and abridge ;
the nines, rractice, i leadings, ana rorms in op;li;ijn of the Court, took a more reasonable
'Civil Cases in the Courts of this State to vi,,Vi- (,f lie constitutional question for
abolish distinct forms of actiou at law, and to tntui;,,v flr u3, the same view bv us above,
provide tor the administration of justice in a ; i:ljicated. He does not stick to the letter; he
umlorm mode of pleading and practice, with- iKiks to the of the consti,u.ion; and it
; out distinction between law and equity." 2 i is rem.u.kablo t!at he adopts the expression
R. S. 27. The argument of our opponents j ..sul);l 0t niaU,.r," as equivalent to the lerm
; would apply to this act with ad its force. ..sui(ject" in the constitution. He remarked
Here, according to their argument, are several t)iatj .lf h be aiJ that the constitution pro
i subjects expressed in the title. and found in . !jihjN lhe effect iven 1o the Circuit Court
; the body of the act too simphlying, abolish- , we rc.pj7 t!l3t ;at ac coatn;ns no pro
, lDS forms of action, destroying the distinction j visious othfer tlian upon lhe subject matter of
I between law and equity. Are ad tnese "tub-, it as inciioated by its title, and hence is in con
Jeci" "ies. if the appellant is ngut. W formity to that instrument, and anv effect it
; qui hard m liter Aaretm cert ice. If we loon . ,.... j, :,Ti:, .;,. nnAri cit,aa
i " i:..v. 1 i..... ,i t,..l. -,!, I
u liiue iinuei nit: iruci anti 111c uain ui .ue
i tiling, we snail find the one, true, eonsiitu-
tional subject plainly there. That subject is
Civil Procedure. The word;, indeed, are
not in the title, but the thing is there. And
i all the provisions of the act are "matters
i properly connected with" Civil Procedure,
j And we believe that we may safely say there
; is no subject less comprehensive than Civil
j Procedure, that can save the act from this
I constitutional objection.
Here it should be remarked, that in seeking
j for the subject, the couusel for the appellant
j reverse the natural order of things. Tt-ey
i look first to the title, and indeed to tlie tit t
alone, to find the subject." But as the OO i
slitutioti says every act (not every thle) si. all
'contain but oie subject, which shall be ex
pressed in the tide, we should first look to
', the body of 'lie ad to see what is the subject
there in Jiea'ed, and Laving ascertained if
there, we slum id then inquire whether the
, same subi-ct can be co'decied with reasonable
I! .Joilb'edtT fills IS
; tlie n.iUind ami io-Jea! cou:
e ot' inquiry. It
i. too ti e Course ot 1-gisia ion. I i e i.i.otv
' f 'he h.ll is read by sec.ion.s on three several
: dys in each h..usc. On its !a-t reading tie
, v !e is bv yeas and n tvs. Attcr is pas ige
the r.ie i c u-i iere-1. And. a ii li e ;'ia-
ni rs of the c iiis'.i .; .ion had oi .ende.i Is, at ;,
j nice or narrow rules oi eon-': iic.i.iu should
j be applied to i! e ii-If, it is m.; required to be
; lead more than once. n-T voted on by e.ts
j and nays. (St$ Art 4, sec. 13 of the conti
' tu ion. ) And this view is st.-engLhened by
i ;!. ' consideration that, the i Jt seotit-n of the
same article forbids any r-visiou or amend
i men: of an act bv mere reference to its title,
as that is jiiippo.M-, to furnish a design.rion
suiTicientlv -rec. tic and certain. Pursuing
he natural order above indica'ed, all difficul
ty as to the title in question vanishes Look
ing to the body of the act. we cannot fail to
S'.'e that its "subject" i- "the suppression of
intemperance."' And having ascertained this
: fact, we naturally turn to tite title. If the
same subject appears ther to be expressed
; with reasonable cer'ainty. there is tlie end of
the controversy. And fortunately for us. in
; turning to the title of tlie aet under considera
tion, we rind that the same subieet, so unmis
: takably in the body ot the act, is clearly and
even literally expressed in the title. No one
reading the ti-ie. can fail to see what it is. Be
yond all question, that subject is "the suppres
, sion of intemperance," words with which the
! title closes. Some things are so plain that no
: argument can elucidate them. That the sub
ject of this act is "the suppression of intem
perance" is one of those plain things. We
shall not attempt to make it plainer.
" Bat the counsel for the appellant insist that
the title in question is defective, as containiD"
more than one subject.- Indeed, we under
stand them to argue that it contains three
' the prohibition against manufacturing, the
: namely, u.e suujrt. oi repeal. AO mis OD-
1 ... . . . L C l rr . . ,
prohibition against selling, and the suppression ; which provide agencies for the sale of liquors,
of intemperance; and they may. with equal 'are not properly connected with the subject,
reason, (and perhaps do,) add a fourth, . becauie thev are intended to raise county rev,
jceticn we have several answers. ; They must be hard run indeed, when they re
in the first place, if the objection to the sort to such an objection as this. Can they
tide existed, (which we deny.) it would , be serious in it? Did any member of the Le
amount to nothing. For the constitution ' gisiature which enacted this law dream of
does not forbid the expressiug of divers sub- revenue, or speculation as connected with it?
jects in the title. Ii only says that "every Must not the dullest man who reads the act
act shall embrace but one subject." It pro- plainly see that the only objects of these sec
; hibits more than one subject in the act, not lions was to sup-press intemperance by placing
in the title. If the act preserve the unity of the sale of these liquors under public snper
i subject required, and if that one subject is vision, and, as a mere incident thereto, to
j found in the title, the whole will be valid, provide for defraying the expenses thereof?
though forty other subjects be expressed in ' Stcoidly. It is objected that this act affects
the title, upon the well known rule that utile the juried iction f courts, and that the sub
per inutSenon titictur. ! ject of jurisdiction is not germain to the 6ub-
the whole act, indicated as well by its body
a bv its title, is "the suppression of intem
perance," and that the Legislature manifestly
propose to carry out that design by the subor
dinate means of prohibiting the manufacture
and sale of infuxicating drinks, except under
certain restrictions, and by repealing prior
. . . . .
laws incon.-i.-teni with that statute, tier are
obviously, the tlrngto be accomplished, and
ie meani. bv which its accompii-limt nt is
. - . . , - i ... i
c n'n4
opo-eti -ne "suoiec: aau maiiers property
e J tiieri n iih "
As to the repeal indica'ed in the title, it ev
idently is mere surplusage. And the sarr.t
is true of the repealing .-ection in the act.
Surely, "all acts and part-; of ac!s iucotiislent
with the provisions of this act,' would, with
out an express pro Won to that et'ect, stand
repealed l" implication. jegen jjotrenore
rirrex riitrr.rutx nOrcmr t. llns unneceSsa-
. 7 V . .
V clause la the title, and this useless repealing
ection, cannot, therefore, aSlect the useful
parts. I'esiues, it n were otherwise, ti.e le-
fore, render the title detective, or the act ua
conslitu ional.
In Spencer v. The State, 5 hid. .41, the
validity of tho title of the act of June 1,
came in question. The title was, "An act
T)rovidin ' for an organization of Circuit
t o. . . .
Courts, the election ol judges, tnereof, and
defining their powers and duti-js."' 2 R. S.,
5. This act, among a great variety of other
provisions, virtually repealed a portion of the
Common Pleas act. The title contained no
intimatim of that repenl; and is moreover
seemed to contain three subjacts, namely t the
organization of Circuit Courts, ti.e election
of JuJ s and their powers and duties.
" n - ' r
DoubU,ss our opponents could have r
m0!,t8IM.ci0US argument against the vali
thh t5e. But Perkins, J., in delivcri
made a
lidity of
rintr tliA
""V - -r-- i
is not within atV constitutional prohibition.'
it. en, tite suon.'Cl ex pr.s.se J in lt,e title to
this :t':t, is clearly ".he suppression oi intern-
perance. j,et us now inquire whether lite
appellant is right hi his position that the act
i'self is defective, as embracing more than
"one subject, and matters properly connected
there wih."
Tlie ri-ikipiie
ty and variety of matters
which the act contains, can be. no objection.
if iiiese properly belong to the subject. A
subject may have a vast variety ot matters
properly connected with it. The subject of
that in: mortal epic the Iliad, is "Achilles
wrath." Its ntii v is one of its jjrea'tst ex
celiencies, and jet it is full of tariely. It
brings before us "iair women and brave men."
letoes
and
gods -sre teen in its train. It
and armies, and (he lofty walls
causes heels
of Troy to f
w: at eri'.ie
t'.ere i one
bei.-rc us in panr.iama. Vet
ever ventured the opinion that
stan i. one verse, one "mailer"
in t'ie Liid, not "properly connected" with
the subject. Achilles' wrath, expressed in the
tir-t lit! -'.' So. to onq-a-e mcdi t'-iugs with
gteat. t! e Mib;eci or a sta u c mav In- cotrpte-
'n-ie a: I
be !a'ii!'.".!iv
-rent
mi i
va iety of iP'i'ters inay
'pi-rlv range;! unleri"..
H'.-i cout;n-e!
1
wir i
un i . but
f :l,o-e ma'
:he sijhieC
ne
sa'T.e is
oe P'oJ)
1 even if
ti' i ! e i.-ss v
e:iv c.inii-cted
w;
some n.ii. ers are found in ti.e ac. which are
not g-rmt.tn '. the general subject, such in
coiigiaous matters only are null -'such act
shall be void only a losoror.'-'; a shall not be'
legitimately comprised under the ttiir'i ct. It
makes no difference,
tldng are found in the
therefore, how many
act t r tite si
suppression
t nee;
per nee.
The only
question is.
do
tt. se tnin-s proj-eriy o
!- .1 ... .
; to that subji
in the aet un
ci
;9
Now, we declare tisat, it in the aet und.
ler
review, there is my one ma' ter not p'amlr re
fcrabi. lo the subject of the s;iprre-si...n of
it; emperaiiee, and "properly connee ed"' with
it, we p.rs too dtill to di --cover it. I is noto-
rious from the liistoij of the ittc p'ion arid
pass
not!
the aet, ti at the Legislature hal
ing etse in view, it is equally notorious
that the supporters and fiiendsot the law have
no.hing else in view. All this is known to
all men. And yet we are seriously told by
tho appellant's counsel that some sections of
the act have othir things in view. Even if in
this they were right, it is an i 1'e objection, so
far as the present case is concerned. For it
is certain that the sections which forbid the
manufacture and sale of intoxicating liquors,
under which the appellant was prosecuted,
are properly connected with the subject stated
in the ti-'e. These sections mast, therefore,
stand; and that is enough for the present case,
for they are all tvhich are properly in the re
cord. But we ill follow our opponents out of the
record in their "airy round" in search for ob
jections to this law.
P irs!. i tier say that the sections of the act
ity rev
. - . -
enue bv swri ition in t he - i-iu .r fraf? ,v"
ject of the suppression of intemperance. Bat
we ask, is not the punishment of a violation
of a law on that subject a matter properly
' connected with it? And is not the designa-
lion of the court which shall have jurisdlc-
tion to try suc.i violation, necessarily connect-
ed with ti e subiect" And if the jurisdiction
clauses Lad been omitted," would not our on-
clauses nau Oeen oanttea, wouia not our op-
ponents then, with more plausibility, have ob-
iected to the law as bein;; di-fective in provi-
ding punishments, without designating the
court which shall punish? Would it not be
very hard to put this law in just such form
as would please the arpellant?
Who ev,.-r -fet-. toe iiat-or driw
With gxd oin-; .n of ibelr'
Tltlrdlu. It is o!jected that this act proviJes
on what kind of evidence convictions may be
i - . . ... j .i . : i . . .
nau i u ireiia.ii eases, anu uihi evidence pio- a nuisance, aiiu uirect tiixi searcn luav wt is iett tree to rise.
p.erly belongs to the subject of procedure, made for it. that it may be seized, with the If this explanation is correct, it seems t
and not to the subject of this aet. We an- vessels eontniuin a it, and destroji d; and also follow, as a necessary consequence, that a ily
swer, some .riHt'ers may propeily belong to ; the sections which declare that the artifices can walk more easily on smooth surface than
many subjects, and to one just as naturally as , and tricks us.vj to evade the law are criraina- ion a rough one.
to another The n idence on which a man ; ble and punishable; and also those which de- Here let us ask whether these suckers a!
! inay be convicted under a statute creating an j dare that the contrivance by which such eva- terna'elv expand and contract when a fly
i.-vnee is necesari!v a matter connected with
tlie subject of such s'atu o. Our laws liavy
always so regarded it. Our statute against
rape provides the kind of evidence which
shall ii'ake out the charge. 2 Ii. S., 401.
. Our law a -aiust seductio-i aiid abdutiou dc
signa es the evidence cocesaary to a convic
lion. 2R
45? . 0
nr liw again-t recetv-
; ing sto.cn goods provides lor ue eviaeuec in
such case. 2 R. S. 133. Our law against
; keeping gaming houses provides the same
tliing. 2 11. S.. 436. We have a like pro is
ion a-; to criminal frauds of all kinds. 2 I.
. S., 436. Are our two acts concerning felo -
nies and misdemeanors unconstitutional be-
cause they thus contain provisions touching matters properly connee ed therewith; and that any one else doubted the correction of
evidence? Will our opponents say that any j when more subjects than one were embraced Sir Joseph Bank's explanation. A Mr. Black
part of them is void 'or tiiat cause? Bat does ! in an act, it was always an abuse of legislative well, who also tried the experiment alluded to
not ..i.eir etii cuou apply Willi as uiucti iorce
to those acts as to the one under consider-
tion?
More fully to enforce and illustrate the fore -
going views of the constitutional provision
touching tlie titles to statutes, we respectfully
submit also tlie foilwing observations:
Tito clause of the constitution in question, ktitutional protision in question was intended
requires that all the provisions of a statute to remedy. The history of the times and
' shall be capable of classification under two ' contemporaneous exposition alike stiow this;
heads, namely: 1. Those which are properly and these are jwoper sources of exposition,
comprehended within tlie subject of a statute; j Contemporaneous exposition justly ought
2. Those which are properly connected there to have great weight with the Court. And it
with. The first, of coat se, includes the whole fortunately happens that we. have an txposi
ground work of the statute, as the very e'y- tion of this provision of the Constitution by
mology of tlie word suljcct indicates. Ttie ' the first Legislature which assembled after its
scond may embrace many provisions which adoption, a very considerable ptrt of which
are dissimilar and disconnected from each consisted of the same persons who had bewn
other, and which., as between t'tcm stb'ts, do .members of the convention which framed that
! not form any distinct subject, but wliich, con- instrument; and we mention with pleasure,
sidered with reference to the whole act, are as a ma'ter which may justly strengthen our
' intimately connected with the subject of the ; confidence in the correctness of this position,
act, aud indispensable to give it efficiency as ' that two of the learned members of this Court
a rorned.al statute.
I . j j . - - ....... ...
the suppression ci intemperance arising lrom
the use of intoxicating liquors. Tho mode of:
, accomplishing this resuh is bv prohibiting'
lhe manufacture and sabs of such liquors; but
, the mere enactment of a prohibition will be
lnetlectuai winiouu annexing a peti.iny. ihe
. in.-r.atty must be enforced by Courts, and the
. statute must, therefore, specify the Courts
; which shall have jurisdiction to enforce ir.
. These provisions involve the actions of cki
' zens and of ministerial and judicial officers
commencing with lite steps preparatory to
to trial and conviction, and pursuing them to
the complete execu ion of the judgment.
Ihe statute should specify lire acts which ia.l
within the penalty how" the Court shall ac -
quire jurisdiction of the ofd-nce; th. process
to be issued whether a warrant or summons;
tl e officer to whom it is to be issued; the
I time ioid manner of executing it; lhe time of
. returtiing it, and the substance of the return;
the time, mode and place of trial; the rfure
of the pnt.ish.nenr. wheti tr fine or irnpiisoti-
ment. or both. l he s'a'u'e sr.onM alo nro-
; vide for an appeal, in order that a fairtrial mav
b insured; and the proceedings in the appel
late Court should be cuinpleti ly provided tor,
,o prevent a uisconinr.iatice oi li e nction.
These are parts of the ground work of the
tat II e
.he pr
and it either of them were omi'ted.
..Iiibi ioii to man tirac tire a'-d sell the
. cnoed a: lci. would be ine..cctaal.
li lt this is oiuy had ot th "subject. So
rr.perance law has ever a tempted t prohib-
; the inanutacrure nnl sr.fe of muxica ingh-
p.; or
si: .''i
all cireanistance-.. The mi!
of
ii.i l " a a medicine, and in the rr."-
'chanre arts, has always been iecogrrZ"d; ari l
, trie effort has only been to suppress tlie ue
j of it as a beverage. Hence, no temperance
I law has ever a::er:,pt"d to prohibit! tire manu- j-
l.-vrture or sale ot sum liquor, without ptiitic
; u'arly ptovicing for the manufacture or f.-de.
i or ho:Vi. by some persons or a 'er.'s ati?inr n.
, der the authority of law. Ti.e law should.
'therefore, provide the authority or tribunal
' which should appoint or licence" such agents;
: the qualifications and number of tlie latter; the
'extent of their power. and duties; the bond
and surety required of them; the penalties to
i which the'y are subject; the enforcement of
I such penalties, and in what courts thee sh-!l
, be enforced; the duties of courts and ministe-
; rial officers, and the execution of judgments,
connected therewith. All these provionsare
; ntcessaay to give to the appointment or licen-
: sing of agents the intended effect.
It may be asked, why should the.- two
branches be embraced under one sr-h-Vet"'
' u
! Th- answer (which has already been auticipa -
ted is, that no temperance law ever provided
for the total prohibition of the manufacture
or sale of intoxicating liquor. The intent of
the law is simply to suppress intemperance,
The means adopted are, the prohibition of the
: manufacture, or sale, or boih, by the public
1! . i 'r,: , ' V -
. generally, and the appointment or licensine of
. f -,'! , u .1. -
,agei:.? ui hiaiiuiiii.iuic oi stu, ur uuiii, wi.iiin
he excep
-er
! should always go with the former.
; The suppression of m'emperance is the
j end to be accomplished. But the punishment
of the offender for selling unlawfully is not
! the only effective means to attain that tnd.
such limitations as may be prescribed by law. D - -. r A...1- -,i,i i . t It i
. . - Pans, a 1 rench writer savs: j disu, and the whole population from the iinar
L7Z tV- W,TXn If ' . i , i r.t i The n5-d Slates have exhibited no agri- (who is a local preacher.) dowr. to bis poorest
iZcn TJ ? TI- Ik theJ cultural products, thinking, doubless. that subject, attend the W,leyan ministry. These
i Ce , " .ff Para;eJ- Th? one L h g-1 they had notbinr- to teach us. But see what I Mands sometime, co br the name ot Tonga-
; erai ruie; n:c otner, i.ie exception. i he lat
-iei miu- o.u v.ouuuce3 vj tne soiling r These three articles alone are equal t all the
should be prevented. The act in question, in agricultural productions of France and tur
ns general scope, is not only penal but prevea- ; pass that of England. Add tobacco, sur,
: tive. It is more important to prevent the . rice, cheese and cattle, and we find the enor-
sate.aaa me consequent arun.enness, tcan 10
watt until the mischief has been done, and
. then to punish the offender. Every measure.
therefore, calculated to prevent the sale, and
$ suppress intemperance, is properly connected
with the subject of the statute. Biaekstone,
in his Commentaries, (Book 4. c. IS,) Fays:
"Indeed if we consider all human punish- f
rcents in a large and extended view, we shall j
find them all rather calculated to prevent fu-
tun
lure crime than to expiate the past, since, as
was observed in a former chapter, all punish-
ments inflicted by temporal laws may ba
ments mniceu py temporal iswj may ia
clashed under three heads, such as to tend to
the amendment of the offender himself, or to
deterothers by his example; all of which con-
duce to one and the same end, of preventing
fature crimes, whether that be etfected by
amendmetit, disability or example." When
.this princ pie is applied, it cannot be doubl-
ed that such provisions of the law are prop-
; erly connected with the subject, as declare
. that intoxicating liquor, kept for illegal sale, is
- i- . .i-. - i 1
ston is brougnt aoout is a nuisance, ana aircec
: the proceedings which shad ba had in each
! case. It is not enough that the act should
; prohibit the keeping t intoxicating liquoi for
illegal sale, bat a penalty must be attached to
the prohibition, aud a court designated to t:Ke
jurisdiction of th esse.
In the next place, wc m-.imain that the pro-
, vision of our Constitution which requires that
i every act shall embrace but one subject, and
j matters properly connected therewith, was
i not so much intended to iutroduce a new rule
' in leg'slation, as to correct the abuse of an old
; one. It never was appropriate that an act
'should embrace more than one subject, and
. power. It was gr-v.i' ing innereni sumeeis to-
j getter to compel some members to vo o for
(measures which were odious to them, in or-
' der to can y through their favorite measures,
or to pass through, unnoticed, some measure
; which was foreign to the real subject of the
act. Tbee were the abuses which the con-
! were members of the very Legislature, and
iajtl iiu pwuhu iu "iv ....j....
.iou thereof.
Conclusion next teeik.
"Onli- Poor Children." Fanny Fern, in
the Saturday livening Post, writes as follows:
"Here is a primary school; what a host ot
Jjp, ragged urchins are crowding in! Now,
they tak-i 'their places in seats terraced off one
above another so that each little face is dis-
linciively visible. What a pretty sight! and
how nature loves to compensate! sending
beauty to the hovel, deformity to the hall.
There's a boy, now, in that jacket who is a
; study for an artist. See l is broad, ample
forehead: mark how his dark eye glows;-
' and thatliule girl at his side, whose chesnut
' vmu dru4p , gracefully over her soft fringed
eves aud dimpled shoulders. And that
dream-child in yonder corner, with blue-vttin-
eijt transparent temples, whose spiritual eyes,
eVen now, can ti-e that fadeless shore to which
bright angels beckon Iiim. Deal gently with
,;m J-e is passing away ! Here comes the
teacher, busk, angular and shaip voiced.
Heaven pity the children! I already cx-pi-iieiie.ed
a men'al sl iver. Now she comes
up and says (apologetically to my new ".;n
cloak) ' lou see, madam, these ate only poor
children." Tire toady in.' crea'ure! Lucky
for her that I am not "a committee." Can't
' her dull eves recognize God's image in lin-
s-ev-wols-ev? Can s'.e see no srenius written
n yonder broad foieh.
No poetry
slum-
1 beri i " in yonder sweet eves?
Did Frank. in.
Clay and Webster study their alphabet iu silk
aril velvet? She ought to be promoted to the
digui' v of ice-nail polisher to Q ir-en Victoria!
.!,. lijvi.l i r..r a. bM,L in w hich yisitLr.r'a
names are inscribed; and requests me to write
muie. Ler.amlv. -Mrs. Jotni srnitn; li.ere
II. pie she likes it as well as I do!
BEroas the Mts Comjc." Women folks
like strong tea. We make tho assertion boldly, i
' without fear of successful contradiction. We
nerer saw a mature matron who did not relish
it with as much gusto as a conSrmed toper
does his 'toj.' And many times have we
seen a 'wild, impulsive, gushing thifg 0f
forty five,' who i ever wore the matrimonial
fetters, to off a cup of Old Hyson that would
almost take fur off a bison. The old ladies
generally consider good tea thrown away
upon 'ihe men,' however, and resort very
' freely to dilution when serving them. One
ancient housekeeper, we once knew, used to
get the females of her flock around the table
-a little beiore the time, and serve up a rous-
. .
ing cup ot tea ail round before the masculine
! PJ made their appearance; and as she
poured out the beverage 'that cheers but not
inebriates, steaming hot, her invariable ejacu-
lat'pn as slie pas.M:d the cups hastily to the
lads. was ' Quick! quick! before tie men
, come' '
d " " " tt 0
PaODCCTIOKS OF THE L xiTED STATES.
t u- .l v - t
Tonening the aberice of American Agricul-
, . ,..,ia - r ...l -
they produce annually COO.OQO.UOO ot tiloa
: (2 lbs) of coUon, worth 600.000,000 of
francs; they harvest 200.000,000 of hectoli-
, tres (2i bushels) of Indian corn. Talued at
5,00 j.OOO; of pork they care 20 000.000.
mous figure of six or seven billions. Xo
.country in the xcmld produces to muck. And
. this vast country has grown up within a xmt
a century from little more than a million of
, inhabitants to near thirty millions.
. ... . rM t.A - . L n :.: r 1 tt rumr. j hi, li,.AmA a v..tt.M t r . . V.
EDUCATIONAL DEFARTHENf.
J.nrnTr, W". D. IIcnkl. & Miti. II. P. Himlit
Somflhlnr About F2ie.
i We have Ion? been in doubt about the jc-
.cursor of the exnlanation usually riven in
reference to the nower that a At h.aa !. wr'k
relercnc
upon th
1 Such
Home,
the ceilinjj.
uch men as Sir Joseph Banks, Sir Everard
and Ucrharu hare asser'ed as proved
, . , . . .
conclusively that the sole cause of a llv's
andity to walk on the eeiling, is a vacrm
which is produced by suckers attached to il.o
; foot. When these suckers are expanded, va
i cuius are formed, and consequently the foot
is kept to the ceiling by atmospheric pressure.
and when the stickers are contracted the foot
. . . , . "
walks w ith its teet downward. If so. a hv
when on the table is pressed to it by a fo.-ce
which is more than double its own weight.
Some time ago, when experimenting with
a rlv under an exhausted receiver, we observ-
eJ tha: the fly was still able to stick to lL
.dome of the receiver and even to walk. This
' faot does notadd any force to the atmospher
ic-pressure theory, but rather militates it, id
though it cannot besaid to be a positive rcfu-
1 tati n, because what is called an exhausted
; receiver still contains a yery small portion of
air although in an exceedingly attenuated
form.
, We were not aware uutil a few days ao-o
above, found that a fly when enfoehlod hv
cold or any other cause, could, with difficulty,
walk up the side of a glass which itcould bo-
fore ascenJ with perfect ease. He also ob-
served that flies were unable to stand back
downwards on highly polished sufaces, but
coiim uo so wnen 1110 suriaces were a
11 l .. . t r
liit'i
soiled.
From these observations and others that ho
made, Mr. Black well came to the onduMou
that lhe apparatus by which flies effect their
hold, is qui'e mechanical. -ii', r1i o -'i.
pulvilli or fine hairbrushes which other insects
use as holders or supporters.
This opinion of Mr. Black well is quite sim
ilar to one given by Dr. Power in 1661. in l is
work on Experimental Philosophy. We give
his language . qu ved by an li .giisu .. .-r
several years ago
"The fly is provided with six legs, and
walks on four. The two formest she use as.
hands to wipe her mo'i'h ios t, I t-.
up what she eats, her other four foet are cloven
' and armed with little claws, by which fcho
ia...L-ij-, on i ujisiiiija lino R!"pericies oi nil no,
; ifs, like a ca amount. She is also furnished
! with a kin 1 of a fuzzy substance like Ii- In
sponges with which 'nature hath lined th.i
sides of her feet, which substance is also re
pleated with a white vicous liquid squeezed
out at pleasure to glew herself to the sur
face." w, D. II.
JrsrSo! Somebody, we don't know who,
: gives to the 'boys' the following well-timed
and sensible advice:
"Voung men! keep your eye peeled when
, you are after the women! Is the pretty dres;
or lorm attractive.' Ur a pretty face ever
. Pounces, boy. are of no consequence A
""-tty face wiil grow old. Paint will w.vdi
"- The sweet smile of the first will g'vu
n ii to me scowi oi tne termagant, liic irat
form will be awkwardly done up in dilapida
ted calico. Another and far different being
will take tho lovely goddess, who smiles swtet
and ra's sour candy. Keep your eye- pee' ?i
boy. when you are after the women. If ii. j
little dear is cross, and scolds ut her mother
iu tha back room, von may be sure that rou
. . .t. i r . t . ...
w-,;i get particular his ait round the hout-e.
. " - ti"J'o-iwj ior wasiung uisues, win neeu
, a girl lo fan her after marriage. If she blush-
es when accidentally caught at the wash-tub.
with ber sleeves rolled.up and her clothes wed
saturated with suds, be sure sir, that she ii
trying to maintain a fair standing in the ranks
of i':q codfish aristocracy, ha little go -I
breeding and littlo Eense. If you marry a
girl who knows nothing but woman slaughter
upon the piano, you have get the poorest
; piece of music ever got up. Fin 1 one who m
( riind. ""?'. tnn "f'?;l1
mind h right, then "pitch m. Don t l.cs
hanging around like a sheen-thief, as theu'''i
i you were a Lamed to be seen in the day-ti:r.e.
but walk right up like a horsa to his oats, and
, a, k for the article Ilk"! a man."
tlRJ c-ectiosal I artt. lne. Aef of
; TLuriday l.-ads about a column and a LaU'
! from the Bost mi Pott, a thorough going Pirce
' and Nebraska organ, and genuine doughface,
; in which the attempt was made to show that
; "" lir; -ortbern sectional party" was or-
' Cvi ia 18U4, and designed to build up a
"-Siw 1-Dii'iiD1 nation." The Xeiot and Post
are both at fault. The Cm "sectional party"
wa Parted by Mr. Jefferson in 1785. and i'x
; organization perfected in 1787, by the cel. -
braied ordinance of Mr. Dane. That instru-
. ment wickedly and perversely prohibited Sla-.
;"in an tne onuwesi lerntory.
ii c j- t i . , m a t r
w" ' course rauicauy -sec-ionai.
aud.
! th RVpublicaniam of 1855 is of the sam.i
j ?rt- Democracy, it appears froa these prints,
' pledged to favor the extension of Slirerj.
Republicanism, be it remembered, it pledged
to oppose it. JUilicaulve Sentinel.
A Natiot of Mbthodists. The religious
missions of the Friendly Islands in the Pacif
ic Ocean, has bean so successful that the en-
, Thev v-n.it .f i .4 i; t... wm t-i a.
greet and 25 degree south latitude, and 1Z
t west and 177 degrees east longitude. They
i were discovered by the navigator Tasman, in
'1643, but received their eollectire name of
Friendly Island from CapC James Cook.
S CSfPRiD. under whatever form it may
1 ,1inw itt-lf ! at the devil: and thnmrfi lamilv
pride may not be its most edious manifesta
tion, even that child bear a sufficiently ugly
likeness of iu father. Bat family feeling is a
very different thing, and may exist as strong
ly in bumble as in high life. Who docs not
detest Pride?

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