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5 0 t? i 4 i .1 .-1 . " S . Habeas Corpus before Judge Perkins of i tSnorAnr t the Subreme Court. HERMAN vs. THE STATI opinion- or nit: ju-ge. Herman am-sted uion a thar-o of h awry ; the in o,uesaon. : vioiaieu me umior aci i .. ue ooiaineu a writ ' ji, u i . . . ...... : villi ot lluooa--. l orpus. pursuanr to winch he it iv.nv ;,,.,,,.,,.-,,,., :, j ,vl, r,r i,u r..li..mii...-..e.l in i Sf'ionlx nor 'uriulmn: find T linnn wo ahalM brought before ns at ( ham'trr. t 2ih the ratt-e oflus tt,-n o t!. leuiJ. n,..i r!,..;tJ:. -jw. r ..-.. .t i !i..i i..-??. . L'tnTiTn detention in custody. . v.-liichrcccnimen..k.d the Mrierati-. hut to, 1 ,11 the i.t .i: . u,,i: .A t.l..?U , . . i - - .......... iiiii ii.itr iiii-si- hihihi i-o t;:ii tiur ii'.'iniiiar i 1 1 1 couinel wovv. lor l U;!:, on U. jrrui..! cxcI ve onntoxieatinir li.,uot. TUU Law of' ",.''U,V ."UOT :h.it Sit. i l!MUr art h iiniiiitnu?or::ii nii.i . Ar,K... t- o-. i wi - ....1 s: lino m voria. ;ma nnniirvf tio j rho c:iv h suomitte.1 to in uj. n the nr-enunt . IToMlitorv act .but it does not apsvar lo hie heen j Vlllgd them, and libels .Igist th(b5 rKof'ue fi'M pi tho hvivmh coi'.rt j?i th . easeof ' n.lAT.t.O I.V U 1151 .:mn; tUI W-i l itM.. i iv.it Si. '.. l j i- rfgn-i thai . 1.h ;iiu-.k. U .1. th-.,s 1 1,-; t:ltc. Uemv. it In-noi eHen. if at all, a, t ! " cil:imu 0 no ümg oi Olliical f,-iit.Ml to ih. e had hew-d ih the-- application-; ; IK,;rit p llS judical roiih nuion. mwiings and making sjK'CClio, tho bearing v.oulllvee.Meonim.Mtoo lut.rior ro'u till. A 'lnierof Eur ;.om wiit.M-on natural, pub-1 of arm-, publishing of newspapers, rfrc, the Su'eine Court had d.'i Kh-de.jv.ntli.- vallity .i ' ir. an-U-jvii law. ar0 cit0,i ,v counsl oubohil ut thc howver. inim-i.ow to th.. loiKnV tl. P,".t the hp .-latme. aci.n-, a- in-uk. v. nnm ! t!H;. ,-it,.iS ivpe-taWe,aUe. and instruelivr upon the tÄ.iüt.Ktimt, hm conN-n M upon th' eitizrn the ! rt.me ul .jeets a- thev are adm:tt d to be, are not an--htof -uui-out the vrit ot h.ab. u-? rerpiH from thoritv hero on thN" doint. Thev are dan-erous, th- jv.dir.-5 verally ot th? Supreme Court; iIm in.l..'l. uttci-lv ljlin.1 guide- to follow in searehin ri-ht h i b en rxereie 1 in thi c i-e. a a 1 it i - not fortho land-niavlisol ie-i-lative power, in our free ..rui.nTn -Ik'htnreiextMoshvinic in m t.. ü-S aiMlimin-d roveiiinunt; for the had in view, when eh.4rp- of the duty, thus a r.mnot. m ,btu ' ,-,.:.,, KOvi-iiiinent-as t-xiin when and where believe injud-OMü-ly imporod U)R.Ji us. ; tjlCV v -,.,;te. ,in,0I. wl;t.j1 ttlCV iiu.,i am x.cl, 0lU1. (.uti.- 1 on Kth s-.Jed eojirede oi .-r-Mineiit that : (.;lt;..J, :VIl which li:d no w;itrn constitution limit th record pieMsihe laie-in-n ot thealidif of ; jj.r t!H-ir Kjwersovei wnents tl,e theory of which W least, what is alleged to ho the nrohibitoiy j.or-1 Wa-- that':!i.-v were lutei-nal in character that all iiou of -.iH liquor sict. f.n I th vt .jueic-n v. ill. there- ; j-,0w,.r v. "s iu them l.v di ine ri-ht. ami thev. hen.-c, rr.re. without iu'';rv upon the x.'nii. W e,.?wideivd. j ab.;,,nt(.; that the jKople of a country had "no ri-hts Ve approach t with all the caution i,v solici- except what the rrovernnu nt of that country frra tude its nature i: calculated t-. inspire .ü. 1 that in- j -i,,u-lv saw lit to confer upon them, and that it was t'Miiiox. of care ful mve-li-atioa iis hnv am-v de-; jts ,,w a . ;l r;ltiivr twanls his children, tü coni m m I-, feeling that the coi)s,..rH-nves of the T iir, i-1 ,11;j.l whatever it deemed expedient for the public plcswea-eout toa-sertwill nt bo confined in j ?oli. without lirst. in any 111 inner, con-ultinir that their operation to this ca-c alone. JVel'nünary lo t j,uMie, or reeoniin in in member. any individual the diseuv-ion of the jna:n p.essions int uit e,.l. hnw-. j-j.dj. ever, the ou.r-e of urument of e..;msi l repdi-es iced, the diseoverv of the pvat doctrine of that w e shouhl s ay a word hy way ...1 lahly s-ettimr i hts in the people as aL'ain-t the government had forth the duty this court has to perform in the prcm- j ,lL,t been in id" when the wiitcr above referred to faes, viz: this simply deeUriie.' the constitutionality j j;vo,i. $n,., ,,.,-iunentj aS those d.csciibed. or raiconstimtioii ility of th ? b.w. wii!, an a-iirn-i ,..uld alop' the tu ixhn ipiored bv counsel, that the X'K-nt of the reas-.ns utii which the deej.irarion is , ;.,x , ..,.,,1,, fi,v,n .",., j;nv, and a-t uik.ii t.isel. It will no; be f..rus t ciHpiiiv whether it be a ;.iod or bad law, in the abstract, unle.- ;iu- jet, as it iiiiht turn out to 1"-. should become id" s-.me - ;i seijuerre in detert.'.ninz a d iubtftd .oint on the m ain one-ai.ei. It not uiifniiuentlv becomes the -lutv of ov.rtato enforce injudieious an of riie lei:- i.V.aiiue b.vau. t'.iey are consrauiioiul, and to uikedownsnrha.s, at lust icw, appears Ut h ju- liieious.b cuiseUe-yareineonlHetwith.he e;iis:i- tatin- WUh these remark--, vo reeee.l t. tue xami ia-! lion of the feature of the liipmr act of I.'ö n w , !.j..re especially presented U t!:e court. We shall I :ot ?'mt time uw:i me eijuir wm-iner. on ue : . . -1. . , . .1 . .1 . .11 dav it came into force, there were cxi.-thur unsold m itrafaetured products in tue hands ot the distiller a ml brewers utxn whicli it ojHratiil. rendeiiii it valulcss, or whether such product had ail been di ve I of between the p.tss ige and taking elVect of theliw. We shall direct our in. c.-tigation to ihe rliaraet r ol" i s o.vration upon tin- future maurifae ture. isale au I c-jnn'.:nt!inef iru-iiieuing li itiors. Aid, lt. I it prjhil-uo:y? The fr-t section enacts that 110 person rliall manufacture, k ej for sale, or sell" any ale. por ter, malt beer, cider." w ine, e. The second see- t"'.ri permits the manufacture and sale of cider and ! viae vimlor ceiiam resit eu.iis, oy any ano an 01 111c c'.tizen.s of the State. Other sections pennit the nvanuiacture of whisky, ale. Aic.bv iHrsons lieen-e.l fr llie purpose, so far u.3 mty ; be neces-arv to supply whatever uVniand :i..rsons.callelcou,,tV;!gee,.JIv,vmakeup- cert im I on them. These agent. are authorised t- sell for m"flic:nal, niecliani.Ml and sicraiii.'Jit.il uses, and no other, and may jreuie their Ihator id'licen-id n .nuf.ieturer. but are l.oi 1 juiied t d so, and. miller of fact.ih. nor, b:;t (obtain thcm.iu most .nes, from abroad. Tie cr.;itifu?e part of tlie treasury and not ..r theniselv.-. NVcsiy tliey are i people cn-Mg.-d m b'is-.n. s .1. th. :r o. ji ;.( v,n,t, , ji as-ug law s iw vi..l i!i e.i ! tlie lritural : 15ut the JegisJaUir eannot declare the f..ltar.;lt;-ünte.l luld.rthev:l.ytl.e th.. Supv-m Curt path from my house (. my bam nor any Misji.iner-: sun:beil wit'i Inno 1m toe co. ntv . , , . . .. .,..- .. 1 ' 1 . 1' 1 tVc t-rr ; Pid I mcu fo, ,l.e:r nics bV ! lh 1 1,1 J ' 1 I"'M A: ! j UC 1 l 1 v 1 " " "ll.sancc, thecou?ify;sellat prices fuel for ih.-m.and :i.:.U- ' l:iv.s when p.)-s ... b 'erVts. t h ' do li' 1 ill j and order V diseontltltloj; nor C:t!l it de ti.e prof'.H an-1 l--ses r .f the :.;i.-:r.e, f..r the public withrt iis jiu i-di -:i :i. Il--a that court 1 i-laro mv siorc rvm and toek of Toods a fun.Mi'-lv. ill. public fand. Ti.ev :u s , :( aj f-a-: - . . es:forwhenth.v.iniVnr.t insp.c.., i:o. -f t.-WvVU':": ,A rr"i"'r,.v '; '.'m - own.itisbv way et h-tn t . th- rouu'v a? a lud i -e:i-.i i .it. atid tie' mjIh oi !nd by jury, r-.t' Ol Wio.-r-'-i . aoi lie- am Ji.;.! 1.- 1 1 n.iov i i- in-; - - 1 . t . ... r... 1 11. i : 1 o iü v vlt'i iii'eve-'. Tic-se - hiug. e. i.-s tio-t:. : ;e,aii i loi e .uveuieuc.-. mavbe d.'nan, o a'ed -'. -! en m-M a-eS.t: f.r it i all oi..- hi prince.?., whet!,.-, the g--ver.i';i -:it nvu- and furnish.- tii.-m w;i!t : in inutae-ur. f..r r c-ilelne. .e., f .rth.- irov. :i::;,.:if. ; funis thronen t.e- nieoiim ; to.- e .vim--, r.v a;-' i-ourt, n'li the like; Saiterh v. .Matiiew-; jiropertv, still I must not uc it to injure optiaie them din vtb ;-n l -uj;pJ:es ih.em : o 1 ..;,-. ,-s ;;;j, autl the licM,-,. . ases in . otle-rs. So, all trades practices, and prop with binds from bv Mate I r.-a-.n-e. I o epi.-s. . ir , . ., . . 1 . . . . I I th-iuthesubstan-.. of m.iu pr oM .:is ,!? ,V, ; u .h H-uavd Jl: and uo ivdtvss 1,, ob-jerty. may, by the manner, time, or place Jaw, thev i.uy b-par.;.Ir..-ed thu-: j taiaabl" iu ih l.nited SiaVs Courts be- j i(f use, become nuisances in fact, in quality, lte'u "m u ted; . Tint tin. trade an i ha-iues ! -ausi ! ;e ate n. pne i-io:is in the I'liitcd and subject, consequent lv, to forfeiiure and of iniieif.ietmi:i,: v.hi-kev, ah-. ,-.rt.T. and b.-er .js.at-s Cuns-i. u ; h -a prohibiiin-g the pa-- j abatemeiu : far example", slau-diter-houses now and he;e:.fi.r ranr-t on 1,1 ttrs s-'n,-. -mil! .. , ,. . , 1 , . ' "... , ' .' . , .f ti..t:uv r-.ii s ,.,;,!!, i;,...,,.:.! ,,.!: oi nrh Na.- laws. Jat th-- Sapivme ; m cities, or some descnpti-ms of retaihnr mtvdo s '.an l .- tl ' ) that et:-r:, if the govern-; d t o.tr Stav C.asiiiu! i.n. the h'gislaturc I enquired into, and, if the fact of nuisance mcl.tieo-e'udet.bMyr.r s;; .j,,eLll,(t j 1..W f.,r the taking of privat- i be f-.r.nd, to have the forfeiture and abate . ,. Sl ..i...;,,,!..-.! i,,v property witleu making cmp-nsation: ! meat adjudgi-d and executed. And it is kvbeer. al or jhi ie. uide-.-: the s a.-b. pi an agent I ofth.. go. ft.nieit or i.y -u a ag. tit I.:-ii!!vu -ine .v.-. j tri.i! by jurv, and cannot ies. asMe the X:: ,T"? MKr Vl XU Sr ','' ,lr:",k- an.vlj'ddgm-at oVa cart. tVc Young vs he ' whiskv, b.-er, a?eor po.P r, a a bev. r ige, and 111 n . f , . I I. 1 1 un A! ' Weet-vaptasa m.-.üeine. 1 ll lvh I'-'p. .01. Me (.or - It thus apiv.rs iii.it the l.iw ab-id.u.-ty o.r'oiiis th.-; niie I 'ttayosf. . 1-; Ind. l!t. 'Ihe Sta'e v fh-oph-ofile State t in an ifaccrc and s -II wlii-ky. j ä tr, Trf.rrer.; n 1 beer tor n,r a-.;i i.-ra.-: ..r, ar all xct-t.t fr the government, to oe sro-I to it !u- m.di-I cine,il-c.;aTlditptohib;ts:d.s rti.de- by the f-ople as a 'oevei.ig Tothecxe.'pti:; as 10 ih. aom: a .n - i t r eign ; i,,uors mal r the on-tituiio, and laws f th- l i- sl Slit--, will not be noticed, lor the reason that. If.- are admitted simply bec.,u-e ti.et cannot be ro!i bi iil. and not in accordance with the -pint end ; I'm ted nro;! p.!icv of the State .-t it.Uc. undunicii loiiign Ikj uors "iuiv or ia iv or n.t be obtained here atv u ding to th'? contingent action of ot'e-r p wer : an 1 for the further reaon, that their adm'-sion. if eiainied lol a part of the object und jmhey of the State Honor Lev. in ivd-r to s ioplvthe j. 'oi.le wi:!i la.uo.- a.-! a beverage, nn h 1-. tie- law d-nbly objection ,.; l.I,f..r.w!ii e.aecorluigtosuclia view, tlie iiw.le-1 ,ignMto1K.,mUtl,euseot r,.luoras a beverage, it Trohib''t tlie people fr-m 1:1 inufacHiiing for their own ue. lti-:ts if the law were that the people might .-at bread lm s!,o.,M not r.5- th.ygi-.dn and ; grind it in Hour wherewith t. make it. it would be; anaettopMhibittheople Iron, them-ehes pro- duciii"- and tocomiK-ltaem topureliase from abroad j ;!fire and pro-perity of the cople. 1 We assume it a est VlV (1i ''. ,i','lr t in question is absolutelv prohibitory of the man- 1 ..o.'. ,.n,i .wen a bev.-ra-es bv the 1 oh- of this State, of whiskey, ale, jorter an I beer. Hie , opinion his been advanced that the niaoufaeture for i Mlc out of this State is not prohibited, but it h.w I it v 1 ut , .-..i r . i r - not IIIC .-'ll' iUlUCT Ol ;i MM'!"- , .m i im; iM.i.iiH. in 1 that law which prohibiUthe di.,tribution of pauper- j tu and enm, disease anddeatn, ainoine,ut home l.utpc nniu them to be scattered amongst our neigh i not to be envied. An 1 we rn ly a- well ri mark here a. anywhere, tint if the manufacture and sale of these artielei! ar profKT to be carried on in the State for any purpose, it is not competent for the poternment take to tnke bu-in--. from the jople and inonojK)lize it. The government cannot turn and become the sole dealer in medicines in the State. And why? Because, the businca. was, at and tie fore the organization of the government, and iprot.erlv at all times, a private pursuit of tin co- pie, as mu' h so ai the manuiacture an-t sale o j 1 . 1.. .. ..I.vd. m1 il. d.a.nrwf in b.1 ' IiriMlin. LOT) ICrO, CM I IN JUl'l Iii'" Ut auu - in v..it vi I fee a"l rice! ! aVl the r .Wns? of pot..! and the rovcrnment w as organiznl to protect the people in whit thev might need to cat aniuniik. it woui.i ed Irom legislative inter! eroiico, irrespect-; various noxious suhj-cts; and if the brew invve 'the principle of an act to annihilate the j i:,tlltni ,al chocks and guards. I cries and tasks of liquor are a nuisance. State bvsLirving the people constituting it to death; .,. ., .. , , ... 3 r! , , . 1 M, sL-h legislation would hardly coiiiport, we j Should we hnd however, m the course of ( why have thoy not ben prosecuted and think, with acon-t'tution e-tabii-hed to promote the this investigation that the constitution of olir , abated also? Wliat wag ihe need of thu tuch pursuits from the depreciation of p.)wcrful and iojisas habitually ami tlnuig htlessly asv -lnwIeindivMuals, the baron of the middle ages ! j M of t,R, ,.(riSt;lutit) ,.,': perpetrab-d by nhr.m thev T.ere too weak to resist suiglc-h ait led I . , . . 1 . . 1 :. c lift" ll for the government to ,cie,.pontho,eitlH' legislature m ennetmg laws, and in 1- tur-uiu is subversive of the vert object fo;- which .... 1 .,..:n. :.. it w.n ct-eateiL 4A government is guiltv of an in-, aMouuon the facilities of industry jessed by j iud'n idual. when it appropriates to itsclt a p-otieular 1 of Vudu-trv. the IrnJaca of nchange and brokerage tor example; or when 11 HCiis tne rxciti pive privilege of conducting itJ. ,Sa-v's nolitical . ii.i t 1 CCon 4-'VVich" . r ; v0ingi of a public character such . ' V ublic highways, providing a uni- jf., that a single individual has not . . . m A A ' ' i:iplish,aud which poverument must, ' , rfecute;but tliey are not tue ordinary JtC private citizen, tertiinly as the etier?! rule, and we are prepired to name an exception, the goveni- iaunot eniKC in. . ' . ois is ill we whall here pay on this point. Time - space forbid i4at w. -h.dd cla'-.r.te 11 Iba ,rise hi the c!i-e. Tho question now proHi-iiti itir. .Secondly. ( onU th. legislature of this .State en.tet the prohibitory liquor law under ennsidera- :tio? ! Ft w, if ony. judicial decision-' will bo found to aid us m investigating tkis.mcstioii, as no such law, in a i conn: Uniting the Islathevror.has fill oflatc. I en tel. jroi.ie twelve hundred veai-s ago, Mahoin- jjtate. to show the extent of legislative iower: hut it : and b-iii'z : r.i.lv toe si.Iejmlires ri wli.it tlieir safeie. in the iii'iies governed, respectively re- i"j!t.' f-r itrjor. in m: Cif iiidi'O ftf our s:tor ! "i . i i .1 1 1 i tail Ij .pih.-d. could presenile what the people should t Jimitiisln d bv a legislative declaration. .mddiink.w;,a,.olilieaInv.r.,li:ud religious creeds , w, le-isIatUP-has a li-ht by the COll thev should beii'.'ve, and punish hcrvsv bv buriunfr . 1 . ' lllv- . - . I '... ........ I. .1...... ..1. 1. . . the -take, all f..i the oublie ''-.od. Even in lireat P.Hr ain. 1 -t-emed t have tlie most li'.n-ral ei.nstitu- L;,.,, ort -,u ,. eontin.T.t. Ma-n.i dura is not 0r.utiij-ieitt polencv V) re-train the action of l'-irU i- ment, a-- ihe jialiei.Iry do iui. as a settled rule, bjimr I Ilin ilt Iii" 1 11; til l.ll gj liJ. it- 110 'I lo.i , "int laws to the tc-t of its p,oi. h:. Iaw are there vei-f'n-o n o-.- i-ion.tll l.v itidieial ei.nstnietion j,,, lClv v. a-have written c -n -titutions which are tl,t. -Uorenie law. which oar h-'id.iturcs are sworn to ... . . . . ... s,;.Hu t. w uluii whose restru m-ns thev must hunt their ;m 'i'iii for the public w. lfaic. and whose barii crs thry cannot overleap, under any pretext of sup- posed safety of the jKople: for along with otir written cons'itmion we have a judiciary whoedutv it is, a , ,. . . .. . the onlv means o -'-curing to tue people sab tv tr im legislative aggression, to allied all legislative action UeiaiV 0 Hal Sliail De jn-milttetl, ami What without the pale of those instruments. This duty of removed, whether they be, in fact, ntli- iheju.ii-.ialdejurttm nt.iii thiscoiuitn, v as.h iiioii- sanc. s or not. So with Congress in rela- -M-.tted ! C'liicf Justice M irsli.dl in Mnb.-rrv vs. ,- . , . .1 1 ; . 7 ' Madison; 1 Cr. h 1..I, and has ,;necl.een n-or-ai,- J.V, ' l,U 11,41 1 hW"Y r o'nmerce. .zedass.,tt!ed American law. The i.mim-ahme h'' 'ir'' public for jmrpoSCS of naviga ,tu ted. therefore, a aj.i.llc t to legislative jo-.cr, is tiou. and are jn-rhaps, completely under hcie without in-;u:iijgi. !,,. legislative j)owcr. So the legishiture, Xor do--.- if prove th.- p.w t-rof the Si.ib- when the praotiee was t li'-nse hoiiS'.-t: h-gisliiure k onaei I lie law i:i tjiP-siiui. to j f,,r the exclusive retail of spirituous liquors, show th.'.' h:- Supreme C-diri of 1 1 1 l.'ni-jihat i-. the sah1 of Üiem in particular quan- t.il S-':ao-; lf!s ih-.-i led th:t ir e;i;ioof do- 1 titi.. mi iirti.oil-n. td .. .. ..i.l,l .... , 1 ... . . c ,. ,1. ., R i-K.periine. or that l;;urt ean only tte-iare oiu sueii raie 1 be granted, and could make the viola-ion laws as coulli"f with tie' restrii'.ii.ns ini-j(.f the conditions eau.se f forfeiture wheth j) .- 1 np'.n S :x? p'.wer by the C'js ini-1 .-r it was such as rendered the retailing tio.i d" rni eJ Slates; and if, ia th;.t o:- j house a nuisance or not, and whether it was siiititi-.ei the Si.'t-. s ai- not restraim-.l Irom'so denominated or not. l,fl . .i,...:.!,..! il.-.f a S mar thioivo is DfliV. !l Tie- Mayor. IVvrs. 'J l.. Vi.,,. j:,Vv- d--priviiig ili-:n ..I vesvd . t 1 . , 1 1 e .1 1 . 'V'1 1:1 pi-p'-y. -'-i'1 l' "' JUdgnv n;c m . n.io oiK.11.1eo 10 ( ouri f this Sia'e h i-' decided tl.at, tin-: cannot tl--rivc the c-i;i7..:-?i of the right of Mead. 1 Uhokf Mf.K t nu theivClv. toiiow lhat be- ,, ... e .1 1 . 1 o. . - castmition of the tin cd States does hot p;-,.nnH rva:e icoii-i:n.n lairing- mg the li'ituial rights o tie- euiz-ei. such j,..;,,,, Vali . Tl.- Cotisti uiion of 1 - 1 . . . , 1 ., ,t r .1 lb- t "U- d Siates may iff. but that of the SbaV mav. itihibi' i. li-ituinJ rights ot tie- i-uiz-ei. .-uch And so. la-b-e-i, according to m:;ny eini- iient jud o-s, may principles of natural jus - ticc. iadepen dent of all coiistitutioital re- strain!. This doctrine has been asserted - jj,,,. ,)wv S;iys in re. in aiiiip'ws . inen, 1 ii.h im. c nave stud - . . . . ,, , , :.b at the only provw oi.s in the 1'edcral or jS ri'e C oas'lUltlon-restrictive ol the p., r . ,,f ij... Je Mslat life. A'c." are, Are. There are ,.,1,,. rf,,. rights, and the right of . . . , . ,, f pH.perty is aim Ulg them, which III all lice governments must of nec"SitV be protect- f,-, ,. State does, in fact, sti Hici.-ntl v protect tfitur:tl rights from legislative inb-i f.-rence, . , . P , . f w it sundy does or it h gri -vou-U (h f'ct- . . , 1 ive, r. will not ijeoune neeear 1 r us 10 enquire w lietlvr in an v e ent, ir might Ije 0 to fall baek upon the doctrine above , . , - ,1 So unhesitatingly asserted DvX'S ot'.r i-onslitution, llvn, prohibit the passage of Mich an aeUi.- lhat now being considered? A dictum is ij noted by conn- sei from the ojiiuion in I'ejdy v. The State. I Ind. Hep. 26" 1, that "it is competent for the legislature to declare any practise (h-em- cd injurious to the public ;i nuisance, and to punish it accordingly;" and hence, it is reasoned, titiy properly; but dicta, as conn- Ho well know, are not necessai ilv law; are, 0loriv unconsidered first impress ' D . ii ll I 1 Ä . . . . which, all legal experience proves. a.C thrown out by all judges 111 giving opin- nilclv more excusably. Scarcely and dab- 4!a!o opi .1 is written nt containg them Tjiis (i. ..f;,,,, uo utuler.st.otI, : , . . .. , e misled hy thorn f crroneo uul ous. 4 1 i. 1.. : I . t 4 . A. And it niiHt be manifest to eery one, on a moment's consideration, that the doc trine just quoted cannot 1m: taken for law, and could not have been .-o intended, in an unlimited .sense, by the learned judge whoj uttered it. "he legislature cannot declare any practice it may deem injurious to the public a nuisance and punish it according ly. It cannot so declare the reading of the llible, though, perhaps the government of Spain once did. It connot ko declare the pr;tetieo of worshipping 1 '-! According t the dictates of one's own eonsciencetr'though perhaps Massachusetts, in the days of Roger Williams diJ do if. It cannot so declare the practice of jeaehfhg schools, though perhaps Virginia might have done in i V ' 1 " V",'0"!"!-, J rklv wrote -from i 1,111 w k Gotfthere are no free injunous to tho public legislature might deem such prac.icc to b; and why? liecanse the constitution for bids such declaration and punishment, and permits I he people to use these practices. So with properly; the legislature cannot in terfere with if further, at all events, than the constitution permits. In short, the legislature cannot forbid and punish the doing f that whi'h the consti-ution per mits; and cannot take from the citizen that which the constitution says he shall have and enjoy. If i: can, then we think all will admit lhat the constitution is worthless, the liberties of the people a dream, and our government as despotic as any on earth. And we may here remark that the legis lature can add nothing to its power over things by declaring them nuisances. A public nuisance is that which is noxioiis.of fensive to all the people who mav come in contact with it: and the offensive" quality is i:i the thing iis.df, or the particular man ner of its use, and is neither increased nor -- ' ii"iiioit auti pnniMi, e en IO II1C j forfeit llf of proper! V, it mav thus deal wiih I without tirst declariti ' the mattera nuisance . ...,.,. ....., 1,., . Z . .. ,1. l. .1 Ä Ä ' ' ! . "l:, U l l !VV "-T lh COn I . . 1 I 1 1 I Mtu'.ion to prohibit and punish, it can not thus deal witli even tliougn it iirst fax tip 011 it that odious name. To illustrate: the legislature has power, perhaps unlimited, over the public highways. It provides for opening, repairing, and vacating them. Thev ate llt the private protHlty of the ..:,;. mm,, 1 .i..,.,, .1 r itizen. 1 lie h'gislature, therelore. mav , c; . , ! . r 1 1 1 i , 1 ,, condiuons upon which the lisence should ! n,,L.,,:(... lohihit ,v .Wlu.t them o.ol . r. , ; order tle-m destroyed, beoaue such acts j would invade priva'e properly whh h the j e oisiiiutioti protects. Still th. fact may le ; thai the path and the s'orc room an; nui- i - 1 11 1 . sanei-s which I have 110 right to maintain; : par wnne 1 nate 111 rigni to use my own houses; and this the legislature may have j the province of the judiciary to conduct empnrv. and declare the fter, or deny it, as th- truth may turn out tobe. Many thino 1 1 i- 1 1 1 " 0 . by such proceedings, have already become ; established nuisances at common law. Iiy ! this mode, when a party loses his trade or i property, he does so because of his own I- 1 1 i ... ..taub, and this according Jo the judgment t ins ttocrs, and the iirovision 01 the "n- i-ral law of the land, and not bv the tv ny of the legislature whose en.u-tmetit" . 1 .1 1 t 1 1 l- j ,,t be the law of the land. See nume cases collected on this point in the 1st C! ii - ral law ot the land, and not bv the tvran- may rous point in the 1st Chap- (t. r ot liiaekv.ell on lax 1 ities. ; In accord .nee wuh ibis doctrin v find J t!iu t th1? cri.niii il coile of this State has ! ever contained tho general protiion that any ptr.son w 110 erici 1. ot tnaiutnineil a 1 nuisanco Should be lined. c. nnd thai iho nuisance inißhl be nbüted; 2 It. S. p. 1-2S 12U. See's 8 and 9 a provi'ion tint 1 suuinits it 10 tue coimtir. m wit. a itirt j tinder the charge ol the'Court, to de t c . . the fite of the uumnce. Uns provi th courts liavn been daily cnlorciuj' ai decide ision agaiKl 1 special Uw upon the subject.' We have assumed thus far upon thin branch of the . . case, that the constitution protect on- vato property anil ptirsuiis, and I private property by va of be j well ns medicine. It may be 1 the use of Terage ns may be necessarj. at this day, to demonstrate the fact. Tho first section of ihe Crst article de- j clarrs, that all men are endowed by their j (Jioutor u it!i certnin uaulienable rights; ! ihat among ihese are lif. liberty and the puisuit ol happiness. Under our con siitition. then, we all hive f.m natural rights that hivenot been surrendeied, and which government cannot deprive us of. nnicss we shall fiit forfait them by our rrimeg, and to secure to us the enj iy-m-nt of the6e right is ihej;reat end and aim of the constitution iuelf. It thus appears that rights existed an terior to the constitution that we did not derive thein from it. but esoibli-died it to' secure to us the enjoyment of them; and it here become?) important to usee tain with some degree of precision r .t these rights, nntunl rights, are. Chancellor Knut, following Blackstone, says: to!. 2, p- 1. -Tho absolute (or na tural) rights of individuals m iv be resol ved into the right of personal security, the right of personal liberty, and the right to acquire and enjoy property; not some property or one- kind ol property.. but, at least, whatsoever the society, or gnnizin government recognizes as prop erty. How much doeathi.s right embrace, how far do.-a it extend? It undoubtedly extends lo pursuing the trades ol in tbu fjcluriur. buying nnd selling, nnd to th using Theje arts .are but menus of acquiring and enjoying, and are absolutely incidental to them. What, we m)- ask. is ihe right of prnpeity worth. Eiiipt of the right of producing and usiii it? 'The right of property is uaXrVittrt,Pl Dy obstructing the free rO the means of production. iAfj eliiTy depriving the proprietor TTJct ot his tand,' says Polit. K'dn Arrow Smith v. Burlinser. 4 Mc ean on p. 497. it is said: 'A freeman oiny buy and sell nt his pleasure Thi tight is not fAmsociety but from nature He luer gave it up. It would lie ainus ing to see a man hunting through our law tilioks lot ntitb-.riiy to make a hmgain T- the same effect Lord Coke. 2 Inst p. 47 Rutherford's Institutes, p 20. This reat natural right of using our liberty 11 pursuing trade and business for ihe ac quisition of property, nnd of pursuing our happiness in using it. though not se cure iu Europe from the invasions of om nipotent parliaments, or executives, is secured to us by our constitution. For. in addition to the first section wh'ch ue have quoted, and aside from the fact thai the very purpose of establishing the con siitution was such security, by Section 11 Art. 1, it is declared tht we shall be ecure in our persons, houses, papers and .-fleets from unreasonable seurch nnd seix ure." Hy section 21 we have the right 10 devote our labor to our own advantage uid to keep our property or its value for own use. si ihey cannot be taken from u without being paid for. And by Section 12 11 is declared that 'every man. for in jury done to him in his person, property or reputation, shall have remedy by due course of law. These sections fairly construed, will protect Ihe citizen in tin use nj his industrial faculties, and iu the enjoyment of his acquisitions. This doc 'rine is not new in this court. In Doe v. Douglas. 8 Hlack, 10. in speaking of 'he limitations in our constitution upon he legislative power, it is said, thejr restrain the legislature from passing a biw impairing the obligation of a con tract, fiorn the performance ol a judicial act, and Irom any flagrant viola 'ion ol the right of private pro.periy. This lat ter restriction we think, clearly contain ed in the 1st mid 24th sections of the 1st article of our constitution of 1816. We lay down this proposition, then s applicable to the present case: thai he right of liberty and pursuing happi nss secured by the constitution, embra ces the light of each comjws mentis indi vidua I. of selecting what he will eat rind drink, in short, his beverages, so far as lo may be capable of producing them, oi they may be within his reach and that the legislaiure cannot tnke kwm hy di. rert enactment. If the constitution does not secure this right to the people, it ge ures nothing of value If ihe peph are subject to be controlled by the legis Lit ure iu the matter of their beverages so they are to their articles of dress and in ihir sdeeping and waking And if the people aro incompetent 10 select their own beverages. ihy are also incompetent 0 determine auythingin relation to their living, nnd should nt once be placed in a tale of pupilage to a set of govern me nt sumptuary officers; euh-gies upon the dignity of human nature shou ! ce8Se. and the doctrine f the competency of the people lor self government be de 1 dared a rhetorical flourish. If the gov rntnent can prohibit in practice it plea sr, it can prohibit th? drinking of told Water. Call it do that? Ii not. wh) nni? If wc are right in this, that the constitu ti-ui restrains ihe legislature Irom passing 1 law regulating the diet of the people, a sumptuary (aw, for that under consider ion i such, ii iin-itier wh-ther its object ne moral or economy, or both; then ihe legislature cannot prohibit the inauufac 1 urn and sale for use as a beverage of ale, porter beer. &c, and cannot declare .hose manufactured, kept for Sale and sold for lhat purpose a nuisance, if such is the use to which those articles are put by the people. It all resolves itsul f ino this, as in the raso of printing, worship ping God. eke. If this constitution noes protect the people in their right, the legislature intjr prohibit; if it does, the legi-datur- cannot. We think the Con stitution furnishes the protection. If it docs not in this particular, it does, as we have said, to nothing of importance. and tea, coffee, tobacco, corn, bread, ham and eggs mav next be placed under thu. ban. The very extent to which n con cession of the power 111 this case would carry its exercise show it cannot exist. We are confirmed in this view when we consider that at the adoption of our pres ent constitution, there were iu the State fifty breweries and distilleries, in which a half a million of dollars was invested five hundred men employed; which fur nished n market annually for two mil lion bushels of grain, and turned out manufactured products to the value of a million Öldollars, which were consumed by our people to a great extent as a bet erage. With these facts existing, the question of incorporating into thecon i tulion ihe prohibitory principle was rn peatcdly brought before the constitution al convention, and unifonnly rejected Debates in ihe convention, vol.2, p. p 1434 and others. We tre luriher stieng. b eueil iu this opinion when we notice, as we will as matter of general knowledge, the universality of the use of these nrli cles as a beverage, ll shows the judg 111 jut of mankind as to their value. This 1 may be triced 111 several parts of the ancient world. Piinv, the nalura'ist states that in Iiis lime it was in general use amongst nil the several nations who inhabited the western part of liurope; nnd ncccording to him, il was not confined to lb northern countries whose climate not permit the suecesslul cultivation of the grape. Ho mentions that the in habitants of Egypt and Spain used a kind of ale; and 6as tint, though it was dif ferenilv named iu different countries; it was uni vers illy the same bquor. See P. Nit. Hist., lib. 14. c 22. Heroitatus. who wrote five hundred years before .Pi ny, tells us that the Envi'tHus usd a liq uor mado of barley. (2 77 ) Dion Cus xius tillu les to a simir beverage among ihe people inhabiting the shores of the Adriatic. Lib 49. De Pannoui$. Tac ttus stites that theancienl Germans, for 1 hr ir drink, used n liquor fron barley or other grain, and fermented it to ns to make it resemble wine. Tacitus de -non practice of Gem.. c 23. Ate was also the favorite liquor of ihe Anglo Saxons and Dines. Il the accounts given hy Isodorus and Orosinos of the method of making ale among the ancient Britons bo correct, is is evident that it did not essentially dif fer fioin our modern brewing. They say that the grain is steeped in water and made to germinat; it is then dried ami ground; after which it is 111 Timed in certain qmmity of water, which is aft. r terwanb: fermented. In Biblical history- we nre iold that th. 'vine, a plant which hears clusters ; grapes out of which wine is pressed, so abounds in Palestine that almost every family had a vinpyard.' Solomon, said to be the w isest man. had extensive vine yards which he leased to tenants. Song 8 12; and Daniel in his 104h psahn. in speaking of the gr-mness. power of God, says, verse 14 and 15. 'He cnuseth grass to grow for the cattle, and herb for the service of man. and wine that maketn glad the heart of man. and oil to rnnk his face shine, and bread to strengthen man' heart.' Il ihus appear, if the inspired writer is entitled to credit, that nnn was made to laugh as well as wep. and that these stimulating beverages werecrented by the Almighty expressly to promote his social hilarity and enjoyment. And for this purpose hath the world ever used them, ihey have ever given, in the language ol another passage of scripture, strong drink to him that wag weary and wine to those of heavy heart. The first m'racle done by our Savior, that at Cana of Gallil. e. the place where he dwelt in his youth and where he tnel his followers after his resuirection, was to supply this article to increaso the festivities of a joyous occa sion; thnt he used it himself is evident from the fact that he was called by hi enemiea a wine bibber, and he paid it the distinguished honor of being the eternal memorial of his death and man's redemp tion. From De Boa's compendium of th' census of 1850. p. 182. we learn that at dial date there were in the United States 1217 distilleries nd breweries, with a capital of S8 507.574. consuming come 18 000 000 bushels of grain and apples 1294 tons ot hops, and 61 .675 hocsheade of molasses, and producing soin 63.000. OOO gallons of liqu-r. By the National Encyclopedia, vol. 12. p. 924. we are informed that f..r the year ending January 5. 1850. there w.re im :-rt-U into Great Britain and Iceland 7. 970 067 gallons of wine. 6 940 780 oi brandy, hint 5,123 123 of rum. and thai ih-re wer tuaiiufeiuied in that kingdom. 25.000 000 gallons. in the Olli vol. of the same work, p 329. il is said: The ineis one of ihe most iinpor taut objects of cultivation in France. Wine is the comiiioi: b vere of the people of France, nnd et Piofesor S Hi nan. of Ytle C-.llege. on the I7th oi April I85l. then at Chalons, writes, vo!. I. p 185. his visit to Europe: "In traveling more than 400 mil.s through the rural districts of France, we have seen only a quiet, industrious popu lation. peaceable in their habits, and. lar as we hnd intercourse with them orteous ami kind in their manners. W have seen no rudeness, no broil ..rtum-i' have observed n one who uns not crutly dad. or who appeared to be il! fed. We nre told, however, that the French peasantry live upon veiy t-mull -upplies of food, and in their houses are Satisfied wiih very humble neenmmoda tions Except iu Paris, we havt seei. n. instance of npperent suffering, and few even there; nor have we Seen a single in dividual intoxicated or without shoes and stockings.'" a a a. We have tnus shown, irom what we will take notice of historically, that th ose of liqu is, as a beverage, and nrticle of trade and commerce, is so universal that ihey cannot be pronounced a nui sance. The world doos riot ao regard them, and will not till the Bible is dis carded and an overwhelming change in public sentiment, if not in mn's nature. wrought. And who, as we have risked before, is to force the people to discon tiuiiM the use of beverages? Counsel say the maxim that you shall so use your own ns not to injure anothrr Justifies such a Uw by the legislature, bul the maxim is misapplied; for it content plates the free u."e. bv the owner, of Iii, property but with such care ns not to trespass upon hi neighbor; while this prohibitory Uw forbids the owner to use his own in nny manner, as n beverage. Il is based on the principle lhat a man shill not use at all for enjoyment what his neighbor miy abuse, a doctiine that would, if enforced by law in general practice, nnnihilnte society, make eunorhs of all men or drive) them into the. cell of the Monks nnd bring the human nn end. or continue it under the uirectio of licensed county agents. Such, however is not the principle upon which the Almighty governs the world He made man n free ngent. end 1 o give him opportunity to exercise his will, to bo virtuous of vicious as he should choose, he p'aced evil as well as good before him, he put the apple in'o ihe garden of Eden, and left upon man the responsibility of his choice, mtde i: 1 in oal question, and left it so. He en acled as to thai a moral, not a physical prohihi'jon. He could have easily enact ed a physical prohibitory law by declar ins; the fatal apple a nuisance nnd remov ing it. He did not. His purpose was otherwise and he h is since dei laietl thai the tare and wheat hall grow together to the end of ihe world. Mn cannot, by prohibitory law be robbed of hi free agency. S'-e Milton's Arcopagitica or speech for Liberty of unlicenced printing, works vol. 1. p 166. But. notwithstanding the legislature cannot prohibit, it can. by enactment within constitut:onil limits, so rgu'ate the use of intoxicating beverages as 10 prevent most ot the abuses lo which the ue mav be subject. We do not siv thai it can nil; for under our system of gov eriiment. formed in a confidence in man' capacity to direct his o n conduct, de ignd to allow to each individual the largest libertv consistent with the welfare of the whole, and to subject the private affairs of the ciiiien to the least possible government interference, some excesses will occur, and must be toUrited. aubjecr only to suth punishment as may be in flicted. This itself will be preventive in its influence. The happiness enjoyed in theex-rcise of general reasonably regula ted liuerty by all overbalances the evil ol occasional individual exceus. -Order1' must not be made to reign here as one at Warsaw." by the annihilation of H freedom of action, crushing . .11 1 . in ire. I. the Soirit itself i f liberty. WilhiiF.ii, ih.- language of ihe lien illustiious Bor'se. h-n defend 111; the revolting Atueiiciu C 'oiiies. something must be pardoned to ih. spirit of lil-rtT. What rrgulntious of die liquor buiiie.s would he r ontitutinual. it it not for u to indicate in advance; but those which ihe legislature may fr .in lime to lime prescribe can be brought hy the citizen to the constitutional test before ihe judicta ry. and it will devolve upon that depart inent to decide upon their consisted v with the organic law; in fiel, the que lion of power. o usurpation, between tho people and ihe people's rep resolu tives; and iu doing this, so far as it mav devolve upon US, we shall chreifulh throw every .doht in favor of the latter and of stringent regulations Such isilo constitution of oor government Mi I- v Te State. 4 Ind.. 342 Thomas v. Tie Board of Commissioners of Clay County. 5 Ind.. 557. Greene si I e Township v . Black. 5 Ind., 557 Larmer v. The Tru tees of Albion. 5 Hill 12 1 . Dunham v. The Trustees of R .ches. er n Cowen. 462 Colter v. Doty. 5 Ohio Rep.. 393. Il is like the case of laws for th- en! lection of depts. The constitution pro dibits tlie passage of nn net impairing the obligation of a contract; yet the legisia lure, may regulate the remedy upon con tracts, but must regulate within such li mils as not substantially to impair the remedy, ns that would indirectly impair he obligation of the central itself. Gautly'.s Lessee v. Ewing. 3 How., U. S R-p.. 707. Regulations within constitutional li mits, we have no doubt, if efficiently en forced, will arcomplish. as we have sai l, nearly all that can reasonably be des re.i The iegisbilure. we will add. may 1111 doubtedly require :h lorlci t ure of such particular portions of liquor as sh . 1! be kept for use in violation of proper regu lations, as in the case of gun powdei stored in a populous ( i y, nnd this for feiture will be ridj.i.lge.1 by the jo'iiciari. , see Cotter v D ity 6'upni; but neither a'l the gun powder nor liquor in the State, accompanied by the prohibition of the further in 11 uro:! 11 re and use ol the arti ole. can be forfeited on occount of th improper use of n given quantity, be au-e th entirely nf ie;iht-r of the aili cles i? a nuisance. It is not pretnnlrd to be so as to gun pawner, and we think we have shown it is iit so as to liquor. S . it is douhtlHs competent for the if t sl-iturn lo establish pr-.per police re nub. lions to prevent the introducing ol lor. ign p.. up rs &c , f..r llo r is a palpa ble .tinVfut e bei Ween hi dudln" for e'gn. and expelling a c i 1 iz-n im up. r. Th". coiisiitu'i.oial convention thought it ought have power t pr bititt the mgre-s of foreign, w hile il might not to compel lie .gresü o r. sidnt. negrors. ao nj u'-ti regulations, may me mtro Miction of iiaue-S be (oeviled. for tllef i 4 wide 'lilFeieilce belWfell assum log to d-chirr thai given thing is a mil suice. rind Ihe proh.bnii.g ol the intr... luclinn of what is conceded, or sh.ill turn out to be. a nuisance. And. iu tact, the restrictions in tin constitution upon the legislative p-.wei may operate for the benefit of th-.se liv ing under, and in some sus a party to its pr visions. and not for that Tang rg It will not be denied that but f.u he constitution and laws of the United : Stales uhit h imp sm the restriction th S'aie. as an independent sov.-rejgutv, might exclude from her b der nil for eign liquors, whether nuisances or not ui. less, indeed, the oocuine upon whi.h Greal Britain was defended in forcing trade M-iih China at tne c.ii 'ii's uiouili tie correct, that in this day of Christian civ ilisatton. it is the duty of all nations to 10 admit universal reciprocal trade and commerce, a doctrine, not vet. we think incorporated into ihe code of iair-rnutionnl law. Atid it would not follow that, because the Staff might prohibit the introduction of foreign wheat he could, therefore, prohibit the cultivation of it within the State hy her own citizens. The right of ihe State to prevent the introduction of foreign objects doe not depend upon the fact of their being nuisances, or offensive otherwise; but she does it. when not res trnined by the constitution or laws of the United States, in the exercise of her sov- ereign will. This, however, i a topic involving questions of power between the Slate ami Federal Governments which we do iii intend discussing in the present opinion We limit ourselves here lo the quest i -n ... n juv.-, .i inr irijuiufe over tne property and pursuits of the citizen under ihe State constitution. The restriction which we have examined upon ihe legas lative power of .he Stale were inserted in he constitution to protect the minor ity from the oppression of the m .Jority. and all from the usurpation of the legis, ia ure. the members of which under our plurality nysiemof elections. inv be re turned by a minority of the pe..,,lo The fhould therefore, be faithfully maintain ed. They are the main ,fe guipls to ihe persons nnd property of the State. It is easy lo see that when the people ir. s.u . rting under loseS fr.,m depr.-ci-t-d bank paper, a feelihR might he amused lhal would, under ur plurality yttem return a majority to th- legislature which wo.ibt declare nil banks n noiance. 011 Vi u rtA.a. . . t a V. . . a . . 1 fisrate their p .per and the buildings ficn hu h ii issue. So wiih . almads. when repented whole 8 de murders are perpetnted fir some of hem. And. iu Great Britain and France, we have example of the con fi r I i'n of the properly of 1 he churchej, even; w hich. here. lh same consn nlion thai protects ihe dealer in lieer wnuM render sae from invasion bv the legislative power. Ir. our opinion for the reasons given above, the liquor act or 1855 is void. Let the prisoner be discharged. Knowing Ihe anxiety of our render to learn the fate of the Indiana Liquor Law. we lay evervthins? else aside to mke room for the opinion of the Supreme Court on the subject. THE POLAR REGIONS. There undoubtedly exists a very differ ent state of things around the North Pole from what has generally been rsopjiosed. Capt. Symes ascertained that the Arctic fowl migrated north to winter, and assert ed that north of a certain ice field was open wat-r. The.s.. cireumsrances he useJ as evidence in support of his theory of the earth being concave or hollow. Ilecent discoveries consequent upon the search of Sir John Franklin, and the ob eervaiions of o-l.er Navigators, confirm Symes' statement as to the Arctic fowl go ing norlh to winter, and prove his sugges tions coriect as to an open circumjiolar sea. Hut no one, to ,,,y knowledge, ha ventured any speculations 4iJ to the cause of such an anomaly. Wc shoull consider i: peif cily reasonable to suppose thai the higher the latitude tho nion intense tho col l, until i reached the Pole, and this wo al 1 undoubtedly 1; the case, if there were no ca:;e '. counteract and produce a did'erent eliecr. Late discover"'.' prove lhat af er passing over the iee fiel 1, (or zone, as I shall call it,) northward the ige field gradually loses its firmness, until it Iwrncs uusafc to venture further, and the exploier finds it ne -ary to return; but his experienced eye ean determine from unmis t,ken evi dence ia the atmosphere, that Ftill further north is open sea. Af er carefully consid ering the evidence in the case, I am of the opinion that the statement of the existence, of an open s.-a around the North Pole, is correct. And if correct, why? I find that a current sets south through" every strait or channel leading from the north, frequent ly carrying immens. fields of ice into more southern waters, where they are dissolved. To account for this I supjiosc that in the Polar Region there is an extremely deep sea wiih an upward current of compara tively high temjoraturo, whicli so modified the atmosphere above it, as to render it not only a comfortable but delightful plae,. for Arctic animals and fowl to winter in ; and isl inds there, may be clothed in green du ring the year. The bottom of this sea I supjxise to le heated by the internal heat of the earth, which causes the water to rise from the same principle that heated air ascends from the earth, or ho, water rises in boiling. Air when heated bee. un-s raritied, ascends. Colder and heavier air taking its place; this will be tue case so long as the h.-at is suf ficient to rarify one part of The atmosphere more than another; such is also the case with wafer, when heated it expands, and, becoming lighter in proportion to its bulk than cold wavr. ascends, and cold wa ter takes i s place. Now we will apply this principle to the circtimpoiar sea; sup posing iis Itoitom or lower strata of water to be raised in t mpeiature almve that f the waters -f circumjacent seas, it Would arise, and und'-r current from those sens coming in to supply its place, would In come heated in turn and also ascend, pro ducing a c or.i.iu il upward current, bring ing up such a temperatur. as to nvlify the atmosphere Covering this s.-a; the wa ter coining to the ttirCace naturally flows soiitheruly from th polar center, until it becomes chilled and ceases to keep t:p the temperature ot the atino-phcre hi th" seme ratio that it los-s i s own best, until it lo gins to freeze as it flows along and forms an icy z-:ie equidistant from the p de. The short summer in that region w.uqld o little toward dissolving the i.-o which would accumulate during the 1 ng winter if theie were nothing to keep th" tempera ture of the water above fvn y.'vvjr jwint. Ie seems to have been tlesi .j by Cre ative Wisdom so to arrang this (lilib.-rto supppose almost useless) region as to ben efit nan; for bete. doubt, wimm this icy xom" a mag.i.i n whence whal and fish issue in g'cr abii'i lane . piling out uu per the hri (. ,,f J,N. lU, places and alon" shores inh ibi'e 1 or frequented by man. It is not improbable tha an opening mav sometime occur i 1 the ice sufficient f r the ingress .f vessels; such an ojioiiing. howev er, from discoveries already ma le would be of rare occurrence, and if an en ranee were effected in this w ay an age might pas before another Mould occur favorable to their egress; but by dint of tx-rsovcrance I have no doubt but a communication arr,,s, this zone ..f ice will Ik effected in some wav. S. P. ('." A "Fast" Child. Children hate sometime a peculiar way of saying things very subversive of gravi "y in the old folks. ' - Mr. Fred lick Fitzgerald .Smith li i luxurious growth of whiskers. The lower part of his countenance w as entirely envel oped in hair from car to car. The pilous vegetation stood out in large, matted, tan gled and curly magnificeitt masses all ov. r his jaws and chin. Ind.-ed, it was com monly rejK.rted that he had taken a premi um on it at a fiir bei 1 by the society f,r amelioratingthe condition of the Jews, ai d encouraging the grow iln.f ihe hair." Nature, if too profus in her gif s in one direciion, is very apt to correct ihe redun dancy by a comjx n-a ive dificieney in an other. So it happened with Mr. Fredrick Fiti gerald Smi h. All over the tipju r part of ms neau aooe ins ears was very curly. Rut per contra: "He had no hair 011 the top of his head, Iu the place where the hair ouyht to grow." Mr. Smi h lodged otia night and break fasted at the house of Mr, John Stinpkius . his friend. Mr. Simpkitis had, like cv ry parent who has children, a very smart lirth girl. It i, surprising how many niart children there are n.w .lays! At ihe break -fist table young Mis. Arab-ll 1 Simpkins Could not iahe her eyes for one moment from the patriarchal countenance of Mr. Smi h. "Arabella, Ioo, don'i bo o rude," nidg ed Mrs. Simpkins, primus, "Aralxdl i cat your toast," frowned Mr. Simpkins. M-ruiidus. Rut Arabella kept -staring at Mr. Fred rick Fitzgerald Smith. "Rettv remove this naughty girl from the table," cried Mr. Simpkins, m a rage. "I don't want to go, ma I dou't !" tsquall cd the smart Arabella. "1 want to look at that man a little longer. Don't vou see ' ma, he has ot his head trrottp site !;'' The young lady was living ami doig ,1 at last accounts, but it is diflicu-' to con ceive how she can survive. t'n- Cummer- dal. s af-j-Whitt 1- sle-p . a, .