The Wyandot pioneer., August 04, 1853, Image 1

About The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868

Image provided by: Ohio History Connection, Columbus, OH

                
.. .. .: . - v.;:-,-, ' . " -- ''''.-vV'.. - . ' ' ' " ' -';''. -ci; -"' 7--:r:::-;:;''i;;'.'
- t;t. ' .. "-..:-' r ' .- " ' ' - ' - ..";.:- ,:-."."'
'" '-' ' '' " . ' iMiiimi'lUMUliUMii .n i I . j. LI H II I Ull. Ml , HI" ll JJT-.J j UJUWIHJ, l- - IHHI. .jl. . IJ "
TIIOS2 FOJt WII021 WE CARE NOT. j roumlelby ctiarts, flags; ''fen ci siiials,
ksTI fe:' s land vrLb a good stiflf rummer of ha f-snd-
leaiiicd from out the dcj k . and : wut ing
rnoss of men, VvliilcnoW and then, the dead,
J-
To tlos w lovctk-e -lecl gcd'to uightll ri v half, which; Lc. was coulcmpTiling wi h pe-1 heavy sound toU where the'. blade found
I!titp.r.v attend, nad stare Bt, . V , 'euliKr compIacVncy. ? t S'C: u:" its 'sheath, or the bullofc pierced gome broad
Whila Uw wjpr Uat Kxhe, . , . ;. r 'Ilillot mkHcr; voufe' Vu'iile-3.v -? w ' "ar.d bold bo:-om. -''The Spaniards, headed
iJfylxi 'iClip7aper'o( yojw-Jieh by their leach ranUpolloikVjiuriy, but
For roval mau liwsfcVr ihry .t?WIh v-- :' voufv-s tr s -xV, t-e ' v' :' ' -1 seamed wi h cuts,, :aud , blackened with
,1
II onth-jirfonifl tlioy, bynr not ,
Tlio'iiobleatrt'hat docks a crown, . . ,
TLo'peofi'le'a lovfr wfe'tare not.- " ' "
' ;: ',v;"t 1!fn 'if ?'' ''
Tor avii-luiu'ii, who bend wnyath. .
A despot yokeVy cf dare not ' ' ' '' ;
rrondu'Tice'tl.e will, wLose tcry lrcatli '
Wcnilvl rend its linkawe" care! not.
'Strange sail in piht, says1 1 'skipper;
swabs, and all," puaz1ed : about licV want
you to make up'tliV number I've a:noli6rt
itVapiuafe? , . ... T f . ..,.
- - 'Pirate!' says Cuntlng1, while visions of
prizo-mbnoy danced' tiirouh. his mind;';
and up ie sprang through the tWpanion,'
and on deck in less "time "than I po'uld knoS
a bowline I lollow'ed 'having first s owed
away his allowance, and'found ,him oh deck J
ll took a glass, and haVmg looked steadi
lr bn the stranger, swept it round the hori
zon, r.n J suJdnly arrested it on an object,
whjch we bad, all overlooked, a, bh;p to
; windward, but, which not being'sp directly
."r tin the light,. had, escaped Pr obst'rvaiion,
; 'I thought 0,'.aid'theniasler, as hepom-
ted it out to the captain 'that long-legged
scoundrel is trying to work up to you
dersliip ; j . r:..., :
i . 'I'sec his game; beat to quarters said
srhbbe, fought in desperation. '
Tor priest I j men , who covet sway '. (
And wealth , thou gh thry declare not; ,
. V.'liO. point, like finger post the way.;., t
TUcy'ncvcr jo v.-c caro not. v
Tor ninrtial men, who on their sword,
lloive'or it conquers wear not
Tho pledges of a soldier's word, .
. Redeemed end pure -we calv not.. "
For Lgsl niuu.wha plead for wrog, r .
And , though to lias they swear not, .
Archa'rdly letter Yhau the throng l
Of those wha' to we care not ' .
For-co'irlly men, who tcd upon
The h.nd,Tdco grubs, and spare not y":
; The smalkst leaf,' where tlisy can putt
Their crawling limbs wtj care not
Forwealthv men, who keep their mines "l""vFFy ; r """i
In daricnMs liidand sharVniif ::- A sail.on the shipar, and ; let us try ( our
Thi paltry ore with him who pines j friend to larboard with the signal's.'
la honest want wo cara not. ,v - v ...TJp went the white fold of France, but
Fnrnnident maic'who hold the power "nq thing appeared.upon the schooners iug:.
Of love aloof, biid bar not . 'iging; next the rod flag and cross of Britain
. Their hearts iur.ny guardlesa hour ,'.- -;! rose to the peak, and as hauled down; the
AO osailiv.s un;ui a vtvjuyi'!
'
For' all in short, on land and eeti
In camp or courtwho kk not,
Vilio never wire, or e'er vrxt be ,
Good men and tree we care not
".'" It. was in vain the brawny arms of the
boarders, clove their ;way to. the forecastle.
Their leader went down, felled by a tre
mendous blow from the handpfkeofatop
man, arid his crew were 'forced down the
hatchways, dragging with them the body
of their capta.n. ' The hatches were clap
ped on, the wounded' arid dead removed to
our own ship- the sails' trimmed, and with
a prize crow of twelve men, the schooner
fvll into our wake.
, Froiu tlwj lllnstmted Family Frcnd. n
BOARDING A PIRAJE. ;.
X SCENE OX THE BAHAMA. BAXas..
. - ;. - j- .-.1, .
DcttiNCJ the summer and autumn ofthe
year IS 2-, ' I was hi the West Indies, on
bo ird'of one ot oar national vesselsjafwir'.'
After leaving Havana, we had cruised for
some time in the neighborhood of the Grand
Bahama Bnks; from Key Westto the Cay
coj. fi'u;-.;,.: krhi-- H:; hsp
One'Fplendii after nodh,-the bright-' and
glorious sun wfts sinkingr behind "the west
em waveVtinmns: the "curling and ifoam-
crested billows with purple and: golden.
light, arid dying the spray that. rosc''and
flew before the wind,' with prismatic hues.'
While feaning upon the qusrter-rail,' 1 was
musing on home and distant friends the
' deep, ho ar3c voice of:the captain of the
I .. forecastle came ' upon my oi.r, calling,
1 ' 'Sail ia wghlt'- ' "v -,' -
. 'Where away? was the response oi the
lieutenant of the watch.'' ::?Lt X
. Thji'ee points on the lee-bbw, sir .. ; '
. ; In a moment all the glasses' in the ship
.trr.rr riinf in TPftliisiitinrii ETld evOTVOTlQ WES
.V' . f j
the tired watch slowly paced the" decks;
the ship was uuder easy sail, moving about
four - knots through- the water, - and the
6chooner about a quarter of a mile astern,
whe-n we heard a stir and commotion on
board her; the. clash ' of swords, and the
ring of the pistol', sounded faintly to the
nightsoon a shout, a cry; and the lieu
tenant hastened to report, and ordered all
hands up. But scarce could they rush up
on deck, ere a terrible report came oyer the
waves, making the ship stagger- Swith the
"concussion, 'arid tho sails flap" heavily a
gainstthe masts' theri rushed a spire of
Ihirid flarn-ft hsvinclv "linwRK'lsV castinv:-a
"Vr? j - - . ' I rich'caud heavy standard of Spain nextun-! t , c v i i - i . 1 ; r
' - - .- r; -.'-baleful and bickering glare upon the pahid
sea, i.- (V, rolled itself to the; wind, and was answered ' - f. ... ,w i(.
- - ,". l countenances of the men; for an- mstaitt it
from theschoonerAYUh the, black and yel-. flashed tefTibly bright then fell; ahdt-a
low fiaji and the smoke of a ran issued .:,l.-ai,v;n i V.4;fl;w!
fiom her decks' and the ball danced ahead, - , , , . - r ... . i -i -
- ' . . -'- . - . hung dark and gloomy over the s p.ot; w hue
of us and fvll in the wavc. Again this , . . - , - , ,:. , . . . ,,. . ,
' y -': - - ' , 5 i - the plash and hiss, as -the fahing- pieces
was hauled down, and the-stnpesand.stars .. . ... ,. n f ...
v ' . - - ;- , ., . n ; dropt in the wave, told but too Aveil the face
of America. waved gauy in the breeze, c , . o.-m i
.while the unioii'-iackran up to the foremast-1, , . w ' , i.r-, c i.
. . -,-'''-' , i banner hungupon the bright brow oi night,
head. Our friend on the left swunff-round , ,M - , .- . . :Ti . . j
j - - .-. - , ' use & lunerarpaiLOVLT ine -crusr.eu- ana
m stays, and. showing us a, neat and , well- - , , ,.: - e x- ,
, " v ; , ' '' i mangled relics of those free-hec?ried men.
lurncu btLiu, away biiu .gi.ea over lu
.waves, with all sail set. , . b- ,
i .
Scene at ,S'myran-Americaa ' vs. Aui
. tr:.an. . , ,
In our latest foreign news by telegraph
brief mention was made of a o-allant action
Of an American ofileer, which is here
more fully detailed: ''.' ' '
It appears that M. Costa, a Hungarian,
ex-aid-de-camp to Kossuth, and wlio had
returned from the Uniied States,, was
secreted in the house of a Sardinian, in
Smyrna. His .whereabouts came to the
ears of M. Vekbeckef, Austrian Consul
General, who, under pretence of search
ing for a thief, dragged Iiim out; gagged;
handcuC'ed and conveyed him. on board
the Austrian bri-of-war .Hus'sur. All
the efforts of the other' Europeans, aided
byAli Pacha and the "native officers, to
liave tne prisoner nanaed over, to tne 10
cal tribunals, were in, vain. On the fol
The moon now rode hbhin li'eav'en, and j f;-inf- dv the U .
, o
f.i
i 'ate St. Louis,
: ? LAWS OF OHIO.
PIThiSrtlED':'i3Y 'A TJT IIO R I TT.'
n
The Crew stood in a' stupor of dismay and
acnnicliTv-.nfit Tin?- q t.Tio 'rlrlf rli-mrl vnll.'rl
The shin to windward , threw .her -bows , ;-, v '. i
, , rt , . ' ' --' , , - by, 'life "was res ored to their limbs, and
round, dashing, up the spray . DCxore. her, . r . . . .... . s. - ,- .
... . . . r . ' r- '.:- -'.with seamen's encrarr, the boats were
and -displayed, American colors, . and rani , , . : .v:
J ' J , , ' V ivleared before the order was fairly .given.
downrtowara ua,withn ;fiovrtnjy- sheet, ; ' , , , .
j XJ'- ll Ul (VlVC;) CI.AAVJL
, .. , ' " ; .' - , ' ' ,' " a-ir were leaping rapidly over .the curling
and refcluuf and staggering under her can- 9 p m, 1 , . r J , , : . ,
v ' .... T,.nu. i i-, -k chin urco mir -o nAii , nn.'i
Oil I j If CO I ' t, I. t- V, 1 7 UU
entered the port, and the captain of the
frigate, accompained by the U. S. Ccin
sul, immediately went on board (he Aus
trian ship and demanded to talk w iih the
Prisoner, whom they believed to have a
claim to the protection of the United
States. . The Austrian Lieutenant in com
mand denied that he had any prisoners
ori.board. The captain of the St. LoiAs
and the Consul then went to the Austrian
Consulate, , where, after a scene of the
most violent kind, M. Yekbecker admitted
that the prisoner was on board, and gave
a forced consent to see him. ,
' Returning on board the Austrian ves
sel, the American Captain thus addressed
Commahner Schwartz 'When,I came on
board a short time since, your lieutenant
lied to my face!. , The meanest of my cab
in -boys would "not ''have' been guilty of
such cowardice!- Where is the prisoner?
I wish to see him." As " Commander
Schwartz hesitated, the American added :
'Bear in mind that if the prisoner claims
my protection, and has the -slightest right
to it, I:.will remove myself and will not
allow him to remain another ; minute on
board.' Unfortunately, the generous ef
forts of the Captain of . the St. Louis were
useless, for the prisoner prevaricated and
betrayed himself , so much in his-replies,
that he did not giro his ' eftienders the
- v;;.-vr' ''"-AN ACT.- ; j - ; .. '.'i .v.
?jDefiiimg the Juridietioa" and regulating
the -Fraedee bf Probate Courts., . 1 iv.w
i : ' - CHAPTER l.
Jurisdiction of Probate Ccurtf.
; Sec. Be it enacted 'by the General
Assembly , of the State of Ohio, There is
established in each county of this State, a
Probate', Cou it, which shall be, held at the
county seat of each county: ,
jxdus'jve Jurisllcliun if JVohaie Courts.
Sec. .2. ' The Probate Court shall haVe
exclusive jurisdiction in Probate and Tes
tamentary matters, except as hereinafter
provided. . . , ; .
1.- To take the. proof of v ill.-, and to
admit to record au.ht nticated copies of
wdls executed, proved and allowed m the
courts of any other State, Territory or
county. ", .. . , .
2. -To grant and revoke letters testa
mentary, and of administration: ,' " '
3. -To direct arid control the conduct,
and setde.the accounts of executors and
administrators: ,. J . , 1
, 4. To enforce the payment of the:debts
and legacies, of deceased. persons, and the.
distribution of the estatelif jntestates; ' .
Sec. C. No ProbatO Judge shall act .is
Executor or 'Administrator bf any' estate,
or as Guardian for "any minor, idoit, 'or
lunatic; and if he shall be interested as
heiiv.lfc'gatee, devise'; or in any other man
ner, in any estate'. which may be required
to bo settled in the., county where he re
sides, , all .suclv estates , and . accounts of
guardianship sha-31.be settled by the Court
of - common Please of, such- countv; but
i - -
any Probate Judge .Svho f.Avas ; acting as
Executor, Administrator or Guardian on
the 25Lh day- of February, lC52. lmay
continue to discharge the, duties; thereof,
till said . trust 3 can' be duly closed' and
setded. ;.'.-.;-:.-.' . .. ;? .
raitacneu-an inaex : secure iv Doun.i in .
''Volume, which -shall at -ail ticics bis .. , -
- up with tae.entnes therein, and refer - .
Ltdcee?.'
Sec'. 12. To each ofsaid 'booksVshalt'"
DC
thei;
kept
to such ; entries. elph abcUcally;- Jby, the"1,
. . f . t . " " . i .
names o:. tne pariies op person nt wiiicn it
ik onginaljy5entered,-...indicatiag th.e pge ,
of ..the book y.Jicre, the, entry Tnade. ,
Where oljite'-lrfAtiawtJitw provided -wilb
' looks and-shillonawhs.
Sec. 13ll;The; Probate -JaJge.-mu t
keep an oScc at the county te.., open at
all reasonable hours suitable forlaiusact
tioh of . business, and fbr'the: ;deposit 'and
safe keeping of the' public books,; records. v J
and papers tmder hi3 .charge.;, ,:Such oSr5;--;
Sect 9.; The Probate' Court shall have I ce shall be furnished by the. county.'Cojai-. .
.'I
a seal to be provided by the Commission
ers of the proper ''county', having the
same device' as the seals of the court " of
common
cases, for the 'safo kcepihg' and i presorva--, 'i.
Hon of the books "and ..papers.v of -such- .
court": and also1. with -such ,'station'ary. ras
maybe required by such Justice, in, tl-.e
discharge of his onicial.dutierv'at.,.thp.vf.x.
Ipense of. the county. :y --.j iv,1J---;A.v--.,?
. 5 To appoint and remove ' guardians,'
to diract and control their conduct, arid to
settle their accounts:. ! ' , ' -
6 To grant marriage licenses, and li:
ctnses to ministers of Gospel to Vokmrdze
marriages: ,. . -, f . . . . t
7. To make' inquests respecting luiia- ' '
tics, insane persons, idiois and deaf 'an J ''sha
dumb persons subject by law to gv
ship: , ' r ; " ' .
. - 8. To make inquests of the amount of
compensation to be made to the owners of
real estates, when appropriated 'by any
to make
err ept there shall be en
graved around tlre' rriargin thereof, in ad
dition to the name bf the proper county;
the words' "Probate Court' instead of
the words "Common Pleas." All writs''' ...:. -;; --j
and proccss;issu:ng from said court - shall - ' i j. v CIIAPTEIl: IILr
be under the seal thereof, . and shall 'be poWERSV:AND DUTIES-i-'OB-THii'-- d'-
dated and signed by the judge issuing the (tSoBATE JUI) GE IN CIVIL CASE;
.sameu and all transcr!Tts-i:?'f.ii'ny fm-m said i j '. - . - . - .-- .
court under the seal thereof, and sie-d-r "c" -r- J4f f v
oy me juage ti.ereot, sLail do receiveel
evidence of the faefs therein contained iri
all the courts bf this State.' ' 1 '
hi-.
...v;,. .... '. jing tL.e business in their respeptiy c courts. ... . ?-1
,:PoUiti:'.rrid they shall within one yearr rtU.; '"
Supreme Uoitrt.
Sec. 1 4... The sevcral. Probate Judges
shall, from tirno to.ime,: make - rules t not
Judje I o Lave care, &c".';
inconsistent wilh tlia, Liws. of tl
V Xue
If have the! "
, - ' '..1.1 -11 1. O. A I.I. Oi.il
vass, he sprang away,. with the w;iad dead., , . '
- . - ' . -j stooct tor tne tatal epoi
t r r r ' i . .- j, n , - -. ; t - -
Ere the first cutter had., proceeded far,
they found one of the -unfortunate prize
i" As a square-rigged vessel has great a.d:.
vanta6-e over a fore-and-aft; on this ooinB
of sailing, we-gained on the schooner hand : crew, and drew him into the, boat, s.till a-
;;ve, tnougn Druisea, ana. w'un nis iii.gu
ehittered a-mi body blackened and seorch-
over h.-.nd.. . . . ; ... ;-;
- As the day waned, the wind lulled, and
ere the sun sets sank again to a light breeze
which nil ed the upper canvass, but did not
swell the . lower.1 and heav ier sails. . The
twilight of the tropics, short but bright,
came rapidly on, and as the glorious ; sun
cd." After a strict search, none others
jvere found; but asthey returcedthe.corse
of the Spanish captain met them upon, the
crest of a wave, with the sarne .stern .nd
unconquerable resolution depicted, on his
screened hnnseli ;from view: behind bhe-L .
, ',i -ii clasped lirmly-in one hand and the , other
tlame-tinted waves, canopied by masses otj - -;r J . . -
,n;m.!-,rli-'Tir.aT v.'. t.h rI rflTio-fi ! 1 ' i i :i. ! ciencnea on a mmiaaire. ; . ,
i.niui.i.i..0 ...... jt ---- o enilloOH liUuUo, luc nuu snvti muoii luw
i,. ,
I ; ,
craft, that by about four miles.to leeward;
with all her spars," and the cob-web tracery
of her rigging, distinct and 'clear in the
briglit'light-which "enveloped 'her; -- :
After a steady gazd of come 'moments,
the lieutenant 'dropped his glass, and sign
ing to one of the reefers,-bade ' him report
to the captain'. ' - "rd' .:...
. ' In -& few moments the, skipper appeared,
. toek.'a sq'uint through his 'long carronaHe
as the mids calleddvis-telcscope, and rotir
cd, with thellrst lieutenant,' to the'sanctuni
of the binnacle, where they stood in cloe j
consultation ' '"-'i1 -'d -f- US t-ni'-'
Amorig5 theTest.Iiprdduccdmy canya'ss
covercd star-gazer,' and was.endeavoririg,
with-inexperienced hand, to-fix-my (ej"e
upon tho 6bject of attention;'. ' v.i
Group - after group formed alorig Hhe
decks!, eaeh around soma oraclo of the fore
castle, 'and ' speculating sagely : upon' the
probably character of the stranger;; ru
Many shrewd gu'ess'es were formed, arid
those 'respectaBle- characters, the . oldest
sailors, wrere delivered of many awise'shake
of the head, and muttered words of wist
dom 'Old Bill Thompson;.; tho quaft'er
gum'mer, who wasstndingnearthenain
chains, rolling his quid from one check to
the other, tipped his horwestcr, and striv
ing to look gracious, with a phiz marvel
lously resembling a gnarled and split oak
fetunip; brought out in gruF tones, 'Mayr
hap, 'Mr; Garnet, you'd lend me that 'ere
peeper, for why; I've been - on salt water:
longer nor you,' though there's, not a bet-.
. jer eaaor iiuui a oi your lneues. . ;
Delighted with. this fla'ttenh'g encomium
upon my seamanship, I gave him' my t'cle-
' scope, and aftvjr pulling up his troukrs,
anddrawhigds mahogany fist , across Yds
tye-s, he took a 'long,' last, lingering gaze'
- at the fiiry' craft. He' slowly took dotn
the glass from his eye, turned round, hand
ed it to me,' looked exceedingly . knowing,
f.nd provokingly inclined to conceal hi
knowledge, . took a fresh , quid froni his
'baccy box,' and. with a grin of infinite
meaning, said nothing at all.; . I
.Well, Old Bill said U 'what If she?', do
you know her? speak, man m --t ' 1 . .
: . 'Dol?' said he with a sepulchral tone,,
and a look that would have immortalized
him as the 'ghost in Hamlet-" 'Do IV. : ,j. '
. Now this was all we could wormtou.t of
- the old lignumvitoe block, but the crew a-
. round knew' that two words .from .-Bill;
Thompson were worth a sermon from any
one else,-aud all watched the.. movements
' ' f the stranger widi cyen graater mtont
ness of observation. - . . . . . t . .
While wondering, in my own mind, what
hi radiance in the east stealing gradually
on, as if loath to take the station just ab
dicated by herprddecessor.
-' And there, in the distance, with the long
" He 'was brought on board, andoori af
ter committed to the deep, a fitting sepul-
chre for that form whose animating spirit
J was as fierce and ungovernable m its pas-
sligiitest chance to save him.' When this
was unknown on' shore, great excitement
broke" out, ' and the Italians w'ould -have
burned the Austrian ' Consulate had it not
been well deferided.' In their heat tbey
attacked three Austrian midshipmea who
were on shore, and killed one. On the
other side, tha Greeks or Austrians-the
account is somewhat obscure -laid the"
plan to assassinate the American officers,
but being warned in time, they avoided
the danger. ' The Italians and their allies
have sworn to . poignard the ten Greeks
who arrested Costa, and the Greeks swear
they will murder ten Italians for every
Greek. The city continues in a ferment.
Horrors of 'tlia CMie e War. .,
-. mi t
ecu. in. auu . !3 or s.
t,ic .iviiu. cusoav .01 an j . l i .11 i-i.- . c. .l, ... . r . -
viiii- . J 1 ' 3 WUUQO IVJi vi-1 -UviUli,'.li:i
'Hlj'il,. .. .t. .1. .(V - ' ' 1 1 ' -I
lj uje x looaie ouice, ana are .nercuv au-
.if;
cases iiereiiiai.er
corporations legally ", authorized te
such appropriations :
0. Iri the criminal
specified: . . '
T O. To try contests of the" election "of
Justices of . the Peace. , t?
to o'iiice, an
thoiized- and empowered , to perform'; the
duties of clerks of their, own - courts.
Every Probate Judge 'shall-"have... "power
to appoint a deputy clerk or clerks, each
C 1 .1. ..11 - 1 i ; : . -
t Fowy 10 engup-. raleS) and to;. makother,and fur
on ine-., auties . ins -. appointment, . tafce.
an oath or affirmation, faithfully . to per-.
form all his duties, as' deputy clerk,,, and
when so qualified, . said deputy .may 'do.
and perform, anyv. .all., the duties, ap-
of :their rules and course of. proeecdkigs',
to. the Supreme VCourt-and shall make
hke? return; of- all-.their-, ruleSj thcVeaftcr
made ; as ,-eopn as convenient .after ,makT ...i
ing the same ; t.and - the f. Supreme Couri .
amend all,.
.1. .11 1 - J... -l.,
Saii e tuwtr to aiLcr
ConcurreiU Jurisdiction vf Prolate Caur'$
c -d" i t".'n v i "in " 1" pertaining to -tho.-.x)fHce of clerk of said
current jurisdiction;- I ji;.!'- . ;.:
1. In-the sale of . lands on petition by
pppiiitr-
court:-. Every. .'Probate Judge: may ' take
such security-from his deputy, as he may
, - , , i - i uvviu i.wvoM.-. w. o.i.UiV Viiu l.ll ...1 Ul uv.ir
fvpcntniis. sdminrs'-ralnvs. fpd friisrjir.n. . . r -- - . . i .
. t ''..' ' . ,' I'foi-man'ce of the duties of hi
and the assignment oi dowe-r-m sucn cas- f - w
v-j 2! In the completion of' real con tracts.!
on -petidon of., executors ravi,. administra
tors: i-. J- '; -N; - i -t;-
ther rules,; from timx; to aimp. for regu-.,. , J'
laLingthe.prpcticdings :in,aJllhe Frobate- m f;.'.j
Courts of this State, as they shall, - judge ,:t . . '
necessary in order-to introduce and main-. ; ;. ...
t$,in regularity and uni-formity.ia the. said-;
rsroceeamcrs.'
-ExseiitWm
QijicluLlZe'corls
' . Sec' 15. - Orders1 for the' payment- "of-'1-"'- 1
money ma r be enfo'rded b v "" execuiioil' cf?7-
money
Qtherwise, in the. sarne 'mariner
3. In allowing -and,, issuing wrlr
4ia
merits m tne uourts oi uommonrieas.' -
A'll'su'ch 'dxecu1,i3n's:shall ;be-s directed fe-:"'
j I J Tke'iGaGWing bocks snail be . w. .. 6k'?.Afr-
kgptby the Probate1 Court, '"and" Blank
Sc'c'.
'RiJoks t'OTthe purpoar'TT rail hi '. procured.
n - .l l.. i -l i . vc.i.xo till, i' lAiivi . n. i. , i..i. "i
, . . -. e 9 :' j. i - acknowledgement : -oi ' deeds, mortga-es,
aesenpave oi ene -great revoxuuon gomr , . ...r.- - ' . - - .
. '., . - ,. , .i ! and other instruments of vNting -r
on- m umna, we enppea tnis extract, re
shadow of hertall masts and taperm-r pHIe i sions and as beautiful in its reposeras the iing to the capture of the great; city of f Zy. v.
.. . . - ..... . x. ..-! . .v 14. .n t.:., i.j ,T- , ' itake depositi
ed blue but speak could they but reveal 20,000, including the, families of the sob
the scenes that havO passed in violence jdiers; women and children, were either
fired repeatedly, without success
the skipper, walked forward, and. pointed
and ranged the gun, applied the match,
of canvass reslirir? on the billow, lav. with untamed -waves that rolh over) his. head, i Nankin
the bn-'hili-vht'dancinrourfd her'-race-' 01).! could the dark depths of theunfathom- '. "Of, the Tarter garrison, more than
ful bows", the chase, which 'we had brought
ju3t within range, as the wind died away
to;a calm.' . There 'we lay, 'hammering a--"vay
from the' bowehascrs at' the beautiful
and graceful fabric 'which ''sported- before
rus; as if the'ocean were its fairy home, and
the elements its playfellows'. ' ' '" - "
" The bow-guns being of too light metal
to reach, her, as she almost insensibly left
usj one of the . eigli teen-pounders from the
main-deck was .wheeled into its place, .and
At last
l-ii.V
Oi
i) ,
cour
beas corpus,, and indeterminiagthe vaiidi-;j by h e' County
ty of .-the.. -caption: and-, detention. -of the
persons brought before them onsueh'
writs Of habeas corpus. : :, l i.;;; ".;,.
To t.dminltsler vatLs and tane'jje&uoU'hdfi
v menti and deposition's'- .0 ."; ' .-.j
Sec! 4. ' 'Probate Judges'. -'shall have
power to administer oaths in case's, -where'
aiai-tor, ; at the- expense
'y- ; '
Crirainc
VTiecard.
the Sfc'e'.rii or in' h.is'-ab'sc'rl'cevcr disabilirvy'
iaihe Coroner.
'Moiii
Jj;'-- J
IQ -Ifany.-i. person shall ..neglect,.,:, .-v
or re fuse-to; perform any ; order .or -judg-j ...
i ' r , .' , ' ', .; sraento a. Probate CourL other than for -jf
'i. A criminal record, in which shall;, - ' .-" , Vf,: vi ;" :r
, . . , , . - - ! the paymentof monev: he snail be. deem- -
jQi made, a.tair and accurate entry or i . ,. 1 . ' -4 --'
. , '. . , led guilty of a contempt ci Court, and. -
m .saia
over their serene bosom and the knowl-'
edge of which-has sunk with the corses, of
the murdered, down,, -far .'down, until they
rest safe" from mortal ken;' in its sedgy
caves could the deeps but lift up their
voice; oh; what tidings tci blanch, the. cheek"
and dim the eye would they not tell!
Shame that the beauty and purity of earth's
loveliest should tints, by the violent hand
of man; be polluted and desecrated 1' ), ;
Day after day rolled bn, and our -unfortunate
comrade lingered ori the brink -of
death,' his reason shattered by the idread-i
ful shock, and his body slowly recovering with dead bodies.
its strength. -At last his "mind regained
its sway, and he told us the circumstances
of the' a w ful catastroph e. They were these:
During' the second watch;, the hatches
vere burst open, and the Spaniards, head
ed by their, as we supposed mortally
wounded, leader, broke ' out and attacked
them. They were soon driven back, fight-'
ing as'if oply desirous to "sell their lives
dear, and their captain, seeing alltopelosty
drew up his lofty form with an uneajrthly
put to the sword or committed suicide, it
being. a point of honor with, that singular
people to perish rather, than to., yield. -
Every one of . the priests, whether of the
Budhist or Taouist rehgion, and who
were very numerous there, , were massa
cred. Their numbers could not have been
less than 1,530 or.. 2,000; while those kil
led in the assault, the mining of the walls,
and the entry of the rebels, are said to
amount to over 20,003 men. Very many
families were completely annihilated by
suicide. , .The , streets were. blockegj, up
o
reo uir-
be ' acknowledged, " and to
depositions "in all cases where; the
same are authorized to be taken bv t
laws of this State. - A '
Jurisdiction ixclimhe- P titer . Prolate'
' ;' : ' 'Judges: ' '''' '
. Sec. 5.,. The jurisdiction acquired by'
any probate court oyer" a matter or pro
ceedings, is exclusive of that of, sny,'oth-
probate court,' except where
provided by law. "J ' ' "
II criminal action';
court, with, the
'in:'"-
. ...i . -- , ; '- ' - i--.- .- !
; .',, . . dill D-jektt. ,
. 2. A civil docket, in ; w hich" shall be
noted the names of parties to ' all 'actions
and proceedings,- - and the -name of the
.deeeased person,' infant, insane person;
idiot, or lunatic, in the matter of. whose
ea.e the rail court shall exercise -juris-
d'.c .ion: Itsliall also contain a 'minute of the
time of the commencement of such ac
tion and proceeding?, and filling tho. pa
pers' relating ' to any matter in such court,
T - o I . n -3 Tk 1 i-i c-.,.i.-i A
i ,. - i I saia'i-roDate j uage snan issue a summons --
rocced:ny;3 had there-1 ,. , . ' . . , T-
- -1. i directing him to appear-oeiore said Judge :
'"otlierwict
COURT.
: CIIAPTEIl II.
ORGANIZATION OF TBI
: ; ' Ofu-lol: OatL. ; . , . ,';
See. "G. ' Before any Probate Judge
shall enter upon the discharge. of the du
ties of his office, he shall take an oath or
affi'rmation to support the1 Constitution-of
the United States, ' the - -Constitution -of th e,
State of Ohio, and-that he -will faithfully
diligently and impartially discharge the"
duties 'of Probate 'Judge -to' the best -of
his skill arid ability.'"-' He shall also f;ive
I an undertaking to the State of Ohio, with
public officers. , .In ' the - proclamation of; sumcient secumy xo oe appro vea oy tne-ihe-new
Emperor it 'is very clearly put! board" of county commissioners of the
forth, that all the Mandarins, the Tartars ProPer county ' or in the ;;cnce. xf any
on,i ti-n r,v;,..C' c Ko t. Y rmJn onA o r, a ' two of said commissioners from the coun-
una tj ivo I.U jii.Kx i. kj - valvi iuniawu unvi
ii Should. Canton fall, an event which is
anticipated, by many intelligent judg
ments, a. scene even more awful will be
witnessed.,'. The .local officers, all,, the
priests, .with : the Tartar garrison, will
doubtless be put. to death, when adherents
of the new order of . tilings will fill the
gun, app
and the schooner's gatf-top-mast .flew in'
sh'ivers, carrying with it the peak of ..the
mainsail.., . - . . . , , ,
"'"'Lly, eyes,'-said the foremast men, in as
tonishment. . ' : . .' ,r t ,
, ' (" ' Clear . away the boats, ; and call the
boarders,' ,-shoutcd, .the dieutenant of the
vratcb; and eoon, the- launch yas hoisted
out. and the cutters dropped over the side,
each with their, fighting . crew, composed
of the picked men of the ship. , - , y, ,
, . The moon glanced on sheathless cutlass
and polished pike, ..as". they. -were passing
from -'the dark. shade of the vessel, and the
rollocks grated, as the oars; fell into them
with simultaneous movement, , ..'Give way!
and the crew rose to the. stroke', and kept
time with the most beautiful precision.
The cutters took the lead, diverging 'so as.
to reach the bow and stern at once,r while
the launch kept steadily on, with the pur
pose of boarding a midships. . - n..
.' We perceived them getting out sweeps,
and endeavoring to escape. 'Slowly we
approached till we could see a dark mass
collecting in the vrai'st of the schooner; sud
denly it opened a flash and the whizf
zing sound xf a heavy ball cut the air over 'A;couritry editor drops the disinterested
us, and we; heard it dasli into the w"atcr far observation:--"Blessed are they, 'who do 1 M.' Howard, and several others, is but
behind; ' 'Pull,-, men, pull give 'strong I not-advertise,- for they will rarely be trou-i little if 'any less. ' " ' j ' :-' I nccessai'v
within two. days from .the service. . thereof,
and show cause, why he should-. not be i
punished for his contempt; .or if. itj appear, .hrrn
to such Judge that he is secreting himself.;
to avoid tho process, of the Court, or is..--about.
to leave the county for" such pur
posel. said Judge may issue an 'attachment'3
instead of the summons 'abovfe-incritioried '' ;
commanding the "officer to whom the" at- 1 V
tachment shall be directed, forthwith' to' ' '
bring such "'person" before; such" 'Judge -'"
to- answer for Ids contempt;' a'n'd if no .suf-t-1 "'
an'd also Irieffib'tl of all orders made' in I ficieni excuse be howu, he sliall be pu'n- ' J
such action, proceeding, or -matter;- aiid ushed in the' sariie fnanner as provided for - ' ""'
he time of entering the
une.
.., . . ' Jvinnrd. ' - -
'. 3. A Journal, in which shall be kcr'.t
minutes o: til official business transacted
irt, or by the Probate
actions and procce'd-
in-itha Probate Ce
Judge in
ill. civil
expression 'of : defiance Marid : scorn? -and u-ere is no doubt that -such will be thej
touched, a tram previously prepared,-' and
leading to. the magazine. ' 'Tis fired,' and
the explosion hurled them all, - friend arid
foe, vessel and crew, in 'wild commotion
t - - - ... -
into the air! He had escaped almost by
miracle, and knew nothing more until he
found himself upon his hammock in the
hospital. ' "" ' "v" ' ' '
; A few days more, arid . wre entered the
harbor of Havana, and having delivered
over the pirates to the fate , that awaited
them, we returned to our ocean home, sad
der and wiser men. . r
case.
v ; California 3Illioiiaries. .. ... : -
; Not the least. of the many; extraordi
nary; novelties of California society is the
weaLhiness of some of its cidzens, who,
in four or five years of energetic attention
to business, good luck, and , now and then
a little trickery, made honorable out there
by success, are the possessors, of proper
ty from which they enjoy incomes almost
equal to the great millionaire .fortunes of
European Lords. It is said that the an
nual income of Samuel Brannon, ...Esq.,
5ve thousand dollars to. the eiieet; that ord3 ?4 judgments; and. which record
i;e will truly and faithfully pay over ail . made up and ' completed wiihm
ty, by the auditor" end recorder. 'of tl.e
proper courity, in any sum not : less than
fiv
1 Tl 1
ue win truly ana lanniuiiy ,paj
moneys that may by hiin be . received in
his official capasiiy, tiiat he will enter re
cord all orders, judgments and proceed
ings cf said court, and faithfully and im
partially discharge and perform all the
duties of his said office;' w hich undertak
ing, wdtli his oath or affirmation endorsed
upon the. same, shall be' lodged with the
county treasurer, and such additional or
J further undertaking may be required by
. 1 1 'III Heron?. ,
l'"4. T-A record of ; wills in which shall he
recorded all wills provided in such cour.tt
with a'ceTidficate of the Probate -thereof
and all willsi proven.: elsewhere,.-.-with the-i
cerifiicatepf probate authenticated .copies
of whi-tdi htavebeen admitted to record by
'saiieouid: .-. . ':- . -v;; '.''; , y:",
' 4 Fi al W(c6rd cf cutrstt?.' - - ' - "
-,. o. A final record, v,hi.di shall contain
ace'mple te' record - in each cau::e or matter
of all pcti imrV answers and demurrers,
moiions, re - ui hs", reports, verdicts, awards,
the punishrricn t bf contempts' in the Court;;?;''-
of Common Picas.'
- " -- - - -.- .'.-" ;.-V- :
Slier If or ctLcr officer failing to serve pro?
"cess, or pay 'over mohjehbw'puttisaid.V "'j
Sec. 17. If any Sheriff,, Coroner or
Constable shall neglect, or, refuse to serve,
arid return any process .issued by sard .
cd by
- 1
is over two hundred- and fifty thousand tie - unt7 " Commissioners '.from " said
dollars,, while that of J. L. Falson, W." D-. . Probate Judge, from tiraeto time, as the
i. v -'? ! i : i i i . i tita.t'a nf KiKiiKt-sin h'tfi nfli'iv mil-- rri-lf r
way; and with powerful strokes the launch
was rapidly forced through the water; when
again that fiasl, and ivo of the ' oars 'flew
from the side, iearingout'th'e tholepins and
flooring the stout topmc-n who pulled them.
.We were now within ten yards of the
schooner, and the cutters about the same
distance, -when the bow-gun of the launch,
loaded yriih nusket-lalis', was discharged
and cleared a space on deck of which our
the deuce Bill could mean, I heard the or- men availed themselves, and immediately
der, 'Pass the word fer the master.' A -j boarded with the quick courage of seamen.
way I sprang, down the dadder, into the A close and deadly struggle now cofhmcn
They have decided in the,Conven-:
tion of -Massachusetts, no!., to 'elect State'
gun-room, where I found Bunting," sur- jced, pistol-shots crashed and- cutlasses ' officers by plurality vote, --l. -a
bled with customers,
Some of the ' merchants and s business
men of - Upper , .Sandusky. ' are extremely
well blessed, for they don't advertise their
(Agoods at all; arid we hope their trou
bles "iri the "business way will be few. : ;
In : 1C47-8 hundreds of lots in' San
Fraucu-co were purchased for fifteen and
Judge n- i to practice lui?
Sec,' 7. No Probate. Judge shall, prac-
practice , oi law. in any
.i i i i
r.mniv r " f.vr tt-.f l.nsl ff.' r-r rsr m i
meat shall Iaiye bceu madp in any of the
matters aforesaid; and he shall also,' with
in thirty, days after the. return' of the same
record all .inventories, sale bills, and al
lowances to widows, in a book to be pro
vided for that purpose:' . , .
j L'ecord ff a:.:cvvls. ;
6 A final' rceord; of accounts,',; which;
shall contain an entry of the appointment
of - executors, administrators; -and guardians,-
and aH-parlkl . and .final accounts
of executors, administrators and - guar
dians, -and the, orders and proceedings of
the courts tlierecn: .: ;.
- ' " '' 'Execution Do.let.
rhieh shall
execu
s issued by the Probate Judge both in
twenty 'dollars ' that'- are now worth over tice or bo. associated . with, another ,as .,a W 7:"4n'(xeou:tioh doc'ketin'whi
a hundred thousand. '; All those 'who then;! partner in the practice of law. in any of be"l"u''t-red;a;membr2ndu'mJ of all
bought lots,' arid have had the sagacity to; the Courts of record of. this. State, or ap-jtioris h
keep them, have grown rich. - '-'ipear as counsel before, any justice -ofthej civil and' criminal cases.'statlng the' name's-
- We recollect that in the winter of 1 349-50 peace Or board of arbiirartois, or referees; ! of" the' parties the name bf the person to
"ivHon. Neil S,' BrOwn, late Minister a merchant of Valparaiso, named Brown", but nothing in theeQtiou .contained shall j wkeni 'delivered 'and -his' return thereon'.l
to Russia; arrived Tuesday in the -Frank4 who. left 'Albany, 'N: Y., some seventeen? prevent any. Probate Judge ..at this ; State : It shall 'alio contain' the date of issuing
liri - i-- .. ' -' - i years before, made &n investment OfotT,'-! trom finishing any business by, him com-1 the execution and the amount ordered to I
000, in certain corner lots in Saflr Francis- Vmcnccd prior to the" passage'" to' tl.is act, 1 be colLicted, stating the costs separately
co, and on that investment-enjoyed a
yearly rental of 47,000. His was not
lu4 an unusual case cither- Cl- fit.
not connected with his official business. I from the fine or damages, and all pay-
XvtanaJ.as Executor, Adt.iluht alor or ments there on hid the-s-.tiaction hereof
Guardian.
1
I when the .same -is ati.dk'd.
ny. process
Fiobate.Judge, and to him directed j and -
delivered, or snail neglect or refuse to pay
- - uf '-'-' -' ir-'S
over any moneys by mm collected, to the,
-.- - - J -. J J . -. ,, --. , --; -
Probate Judge, or any other person,;-;'.,;
when so directed by .Probate Judge, he
shall be subject to. line, and amercement,
il.te;ui.ge s.al.. proceed. ; .. ";
Sec. 10. la tlie - case's ' 'enumerated;, in
ihe preceding' "seclMr; if shall l)d the duty ;.
of the Pi chare !J riege to issue a "eumnions '
directed to the -Sheriff,' dr'-other-offieer- -fl'
therei;? named,-: commanding him ti sum-v' 1
mon the bracer giul'y -of 'suclv misconducEa v
to appear within two days af,er the ser- r (
vice of such sum-riions, and show cause .-m
why he should not be amerced; specifying ;A
the cause of such- amercement;-"arid; iu' f
case of neglect or refual'ttf serve' r or ie'i a
turn -a'ny process issued by "suchProbato -
Judge; and directed and deln drcd tosucli
oilicer, if no suHicrent excuse be shown, "'
such officer shall be fined by said Probate.-1
Judge in ariy'sum not exceeding one huri--ti
dred dollars, to be paid intoi-th'fe '-county ?7
treasurer; and he amb his sureties -shall
moreover be liable upon? hkoffichd- bond:'-:
for all damages sustaiue'd by "any person
by reasori of such misconduct' nd-inA
case of refusal to pay- over anytf mOney:fi
by him collected to the .Probate- Judge, V
or any other person,'; when so directed by ;i
such Probate Judges he shall be mtfi-cedj;
for the use of the parties interested, in
the amount by such; process - required, to '
be collected, -.together- w ith ten ..per cent, '
thereein; aud sueh ProbatetJudgo maj7 en
force the colkction thereof,. by. execution, k
or other process ; prby; imprisonment, j,as..
for a contempt, of i Court, or both i the. de-
linquent officer - and -his .sureties shall,.
moreover be liable on his official-boud, for .
the, amount. of such amercement at the
suit of the-person or. persons .. interested. .
' i - - i '
f . - .
15 " , - ."
'i
r
ARM