Newspaper Page Text
®I)C CutljGtrt Appeal.
fc -
9. T. MWTSIX.I IH.'H. JONES,
Proprlotoi**.
M ^ ~ M F ™ «g J|
TBRVAOffH 'HHClkll’TIONi W
Ponr nonthi 11 V°
One rear t- 00 ^
Invariably in advaxik. All paper* «lii*-
eontimnil on expiration of time paid lor.
f " —■
wr/m/T r.ittns
THOMAS M. NORWOOD, *
Attorney and Coujisolor at Law,
. »■«* fm
iv7*1k
*. VtienotcV.
A THROP &. CO..
18d ^b»<® 141 Congrtu S't., Sarannah, Oa.,
Who’eulr and Retail Dealer* ia •
t)ry G-oods, Ready Made Clothing,
BOdts, Shoes. Hats and Caps,
Carpets, OW Cloths, Lace
Curtains, Shades, etc.
Alaaarenti forHealnjr Mariitnca.
iy Wbulcaale Room* up aialra^H au(j?-«m
01.n family (mc)OiiHY,
B. (}. T1LDKN,
Whole**'* and Retail Dealer in
r*mlly Orooorio*,
Tea, Cafe*. Bogar. lntt-r, Cbeata, lard,
baeoa, FU* Flour, C.aiira, Foreign ami Dotnea
tic Ffuila, Spill and Willow ItaakrU, ct«^
155 Dfoaghton St., - • 8A VA.Y.YA/J <,‘X
»(yl«-4m
DeWll'l fir MOUUAN',
Wholesale and KetaU Dealer* in
BBTGQOM
(Ksiablubed SO yi
lSTWngr.^ Slrvcl flfff annul). (Tcondn.
K KKHI*.uii.nilT nn band a lioe *bw>'of U
dieaT T)rr»» (lood*. ILu** Kaeph'S Oiwda,
UaatlMndRA I* ire* flood *
Wklt* Had.
Import »d.
House
. I U^flE >•*
a and DomealiOa— bwb 1K»im,
CUT
APPEAL.
Vol. ",
—
—•
Cuthbert, GToorgin, Friday, November 39, 1867.
No. Cj
■nan
trAVfUmAll CARDS.
PALMER & DEPPISH,
Wliolr'alo and lb lull Dealer* in
Hardware
CUTl|RV. FILJS, EDGE TOOlS,
Aoitrcrirrn.™ lsiriEUExrs,
KUBUBH BELTING,
POWDER, SUOT, CAPS and LEAD,
l H l C*njrm &' G? S( - J*dian Street*,
uT t Mini, I j kATAiflffttl, OA.
j. 11. Diri’Mi. \ anglfllm
r. UACouasn* Surmiuab, Ua. it. a, toI’Uam.n V.
H. A. TOPHAM & CO ,
O I-i O T X-i IsT O
A NII
Mm's Furnishing Goods,
HATS and CAI*8,
1118 Conor cm \ oL St. .Julian St*.,
SAVANNAH, OA.
J.3JP Plantation flood* alum on band.
auglS-Hm
CLAOHOEN & CONNIKGHAM
W holeaale and Retail
GnQCERS,
/Turner lluy. «m<I Drayton Sis., Savana.di, (In
. (Ka'ablinhcd in 1816.\_
~Kr.p const*' ttv n* hand 11 large and varied ar
V aorlmiMit id OOOpS, miilablf Fmn ly
■■ .
lu,ported WINES. LK^VltRS und SEDANS.
Country older* tan fully attended Jo.
it of lice
John McMahon Ac Co.,
Grrocoriee,
COJIN, OATH, HAY, FRED, kite.,
f\r. HrnuAU awl J'fvtv*
HGbCCwE & ( ().,
1 Vholewile
dr 4»fe
,«n«. VOLCnaat,
raan. a nett.,
Jit a. (.BAHT
Grocers,
s%t,
B( VANNAH, GA.
anglO dm
T180N & COUPON,
Cotton Factors)
Commission and Forwarding
MERCHANTS.
96 Pay Stm t, ; Surmawh, (ia.
UT Hperi*' attention will b* gi«en In the sale of
Lumber, Roam, Tii'penlinc, etc.
Raraaanea—II. II. June* A Co., J. McK. Gun*,
t'uibberl Ca. antf'^lT
Roine, (la.,
«.*». iTiaa*,
Macon, Oa.,
c. a. oaoovra,
Itiooka Co., Oa„
A. T MAC INTTNB.
Tliomaaril.e, 41*.
Sr.OAX, fcROOVEtt 4 Co.,
Cotton Factor*
AND
COMMISSION MERCHATS.
4 STODDARD S LOWER RANOF,
BAY STREET, SAVANNAH, iiA.
IBKRAL ADVANCES «»N COTTON ennalgn.
j ad to our p “ •
•TPOlil.
Ilarinp been I
ALII ANY HTA
ERS, we take plataure
publie.
Tbea* Hina having b 1
CHAMPION A
»lh)l('sal(‘
FREEMAN,
Grocers.
(Cur. lltiy and Drayton Sh ,)
SAVANNAH, S I t « GIOR
* ^ .*>»
"sorTi noKbr"
House
HONE (iOUDON,
ftA’ttn'n.iis
Wlioloanlo Donlorm
Willfi. MqtlOl^ lllld 8pgm*s
149 Huy 8(w*t, SnVflirnnb, (in.
auglH-Mii
JOHN LYONS,
r 1 j )VholmI« anil tldaU.tXmlyt.ln
Choice Family Groceries,
.Liquors, Wines, Ales,
FRUITS, ,JELI.IRS and TICKLES,
Tobacco, Scgnrs, cle.
Corner Ilronijliton and 'WhitaXtr Streetr
SAVANNAH, OEOROIA.
ang'fUtliT, d
IViioiesab House
18BJ.FALU mm WINTER.181
8upciio»*
t’oinily
Court, Ciiutliniii
-April Term 181.1.
comittipfllon. Ih tliero no rotmuly ? Shall I the result of thin enquiry itn claim to mu
JuJyi Jhnim't Char ye to the Grand Jury
at the Opening of Court.
A proper rouped for public opinion,
by no menus inconsistent with the up-
right nml independent dischnrgcof ,i't-
tlicial duty. And that time cannot bo
eotmitlered »h ntibsj>ent, which in employ-
ed in fheing n great constitutlonnl pritt-
ciple, on the basis on’which reason and
authority find placed it. 1 think it it*
demonotrnblo, t(> even thb hunibleet on-
parity, tliut tiio judicial deborttm nl not
only {MSomes the pmvsi t«* refune, but
is imperiously commanded by the consti-
tuti«n t^> refysv. its sunotion tjo an not ol
tbs l,vgii\4tt|ve, which vn44v* that
slifiition. 1 must claim your nttcution',
to a bl it f discussion of the principles
and anthotiticH upon which this j t silioU
is founded.
The Constitution, is the supreme law
of the land. All power belongs origin
ally to ilie pcopfo—and none can bo
rightfully exercised but in conformity t«»
tliuir wi.l. Tho Ckinetitution, is the
written exprcsMion of the people's will ( >v
fhe legistutive, executive aod judicial j rninbttnVum ofjusltco, according totho
ilcpnrlments of tho government^ oro| )||WH t)f tho |, uul j|, e Judges then
llow cist!
they administer jnstico in conformi
ty to them V Hut the Constitution ia n
the victim bo saorificod in tho very f.
of the Constitution f And who * >1 >« too
lato for Ids preservation, must wo then
resort to first, principles ? Must tho peo
ple nso (n their strength'/ Must civil
enmmotinn cusuo? Tltoru is a remedy.
Tho Indicia! department is hound to
declare nn net of the Lcgislatiiro to be
void, which is repugnant to tho C«»ni»ti-
tutioU-l! duoftllbt merely |h>8so«s tho
power; tho Constitu'ion commands its
exercise; tho Judges httvo no discretion
to withhold it.
There uto threo views of this subject.
The right contended for, results inovita
bly from the constitutional grant or
power to this department—its obliga
tion is enforced by the puth of oiBca ad-
ministeted to tho Judges. It is rooQg-
nir.ed in tho Constitution of the United
States, and sanctioned by a course of
decision both in legislative und judicial
tribunals, and by the concurring opin
ions of commentators, with uu uniformi
ty wlth-li places il beyond tl'c reach of
present controversy. It results from
the constituti.mil grant of power—"The
Judicial powers of this State, shall bo
vested in a Superior Court, eto.” What
is judicial power ? it consists in tho ml
creature* ol the Constitution ; and i\“ i must interpret those laws
power can bo rightfully exorcised by ei- t|, 0 y administer justice
thur of those departments which docs u y | 0 j|, em y ]{ u t tho Cons
m t conform to its provisions. The puw fltnduinuiital Inw. The J iidgos must us-
er of making laws, has been entrusted certain its meaning, as well aslhomoau
to 11io LefmhUiuo---but It mull, from in({ ,.f uny particular act nf tlm Logiaju
theso prinoiplos, nod is conceded on all ’ • ■ | * -■
haiuls, that tlm Legislature can pass no
law which violates tho Constitution —
The legislative power, is thus expressly
luliiteii in tho '22d soetiuit of the 1st ar
ticle ol that instnujiciit : “The Ucncral
Asiutnbly shall huvu power to mtik<! all
lavss and oidinanees, whiph they slial'
doom necessitry atnl propur for the good
of the Stale, which *hall not he repugnant
to tlii* ('oust Jut ion." TlTo General As
sembly him then no iitnrri to m ike laws,
which arc I'l'pugmint to the Constitution
An net of tlm Legishdiira which is so
repugnant, is not a law I It is merely
Mud. But if this bo true, alld nil will
agree that it is so, tho power to declare
IhiRJivutiJo l»u Void, tnual beFoiipiw|telv
vustedl^And the purposes of tlint gov-
eminent require, that it should bn vest-
ed in sumo one of tho the thvoo depart-
urentscrwiitnd by thn Constitution. It
eijipiiolbelong IpAVetya individual «iIi-
/nil te qucrtit.fi tlm' Validity of a Ugislu
live act—and it cannot require tho col
lective force of n whole people, to en|'
reet drn li deviation from Constitutional
rectitude,. It is not intended to deny,
the Undoubted right of*tile people to ri
me their oiigii.il power, when it
lure. It'is the stipreqiu law, und they
must obey it in opposition to all other
human laws. An example will illus
trate this Mjhject. A judge is called tc
do»ido a particular case, in relation to
which tlm C uslitiijjou prcsciibos one
rulc*j and nn act ol the Legislature into
tlicr. There is an iirou<mcilci.Mo vari
ance between the two—what is to be
done in this state of tilings? Shull the
Judge refuse to decide ? Ho is bound
to nutninislcr tho law. Shall ho reject
tho coubtitiitioptii rule, and carry into
execution tho legislative net ? Shall lie
obey tho will of the people, as ovproaecd
in tho (’onstitntlon, < ■ the will t f the
Lomslatui'c ns expressed in tin? statute ?
Is he not bound to execute tho constitu
tional law wbieh h supreme, and to to*
Jtfct the legislative act, which is subordi
nato? And does not the power to do 1
clure such legislative act void, becntlne
of Itr repugnance to tho couvtitutiojul
law, fesiiU llu'ii inevitably from tlio ox
en iso of Judicial power't
Hut a Judge bound to exercise this
right by tlm obligations of his oath of
olncn. He is sworn to support tho Con-
Htitijliun. In thn case just stated how
ulao nno ho sup|io; t tho Uonslitiition, but
abused by tlm agents to whom they j l ,u ‘‘
h«VG. aiitetMtuil it. " Rut eiiuU uower Jr by dec a. nff tho legisla .vo act to be
ribia'ist A?.-*'* M lb* aaia 0.
COTTON GIN and CONDENS
offering UU fame
Ibe
ItaloJ, ftlinw a msikr‘1
both aa loOia f etliljr «l
npix-ara i* < f Ui* Lint.
Ili'ifofinai an c*ah*0bulu«4
Jr .
SaTtnnah, (41.
J’. ff. BEHN,
fACTOR & COMMISSIOS MERCHA8T
MAVASXAU, UA.
\jT Ha* removed I
*"*'■-*}
l Firet Duor Weal cf Ih* v .
Bog; i*n
GAEMANY & ADAMS,
COTTON FACTORS,
COMMISSION MERCHANTS,
BSD
Agents for Standard Fertilizers,
Ho. 95 Bay It..
U VARNAir, OA.
mu
Libaral advance* made on Contifnmenta.
Orders for Emigrant Laborers promptly filled.
aapUI-fta
B AN DLL I. A CO.,
Wliolonftlo Orooora,
SOI A 203 Bar It, IAVEMNAH, OA.,
H AVE now in alnr* a larf* and complete a»*ort-
meot o( GROCERIES, which lbe» offer .to
lb* trade al price* le*a i
from tha Northern Ul'pi cHnelfftSjr m^arl 6r
It A CO S—Shoulder*, Side*, llama. Pork ;
RUOARri-AII grade*, r.lined aud raw ;
COFfEK-U'w. Java‘ni >«o i
TEAS-Grwn aod Blank, different qnalrlret;
GHEE'E. HOTTER rod LARD ,
MACKEREL. ^0 FFISII and HERRING ;
CANDLES, SI>iP and STARCH;
TOR.K Oa of yarn** etc., eU-
HmomIdnM*rn# L order* wrh nmlttanec
or abort city aeceptanee
f’rkca tuiaiabod vtbto dea red. zovl tin
JOHN C. MAKER & CO,
IMPORTEBS and JODHF.RS of
BRX GOOES.
. NOTIONS,. MU.LNUiRY
O T n A. W GOODS,
Corner llrougaloa iiikI IVhitnkiT HI-.,
,S'.| VANNAH, UA.
'agents for
<;kovi;h & HAici-.n s
ElasticStitoh Sowing KacMtiH
__ Bi'iriasm
ROBERTS & TILLMAN,
liESEML COMMISSIQH
AM VA.Y.YAll, (1 A.
Q PKClAL aOen'Ioe clfen F* ibe r<c^|»« naif a*'*
1% a 1 IVio |>rMnC!frif 'lie Cotl'Hry, and in rmirird-
ing it through till* Iliac# lo oiler mmk la, elrlicr
for aate <>r nn mnaignment. We tmreib* very lieai
arran^emenU (nr
Selling Cotton in Liverpool,
*1 <1 will have it eold in that market when owner*
•oin-i'iiei.
l-er On the receipt of Cotton liberal}
('AS// ADVANCES uiU be made when
required.
ROIIRRTS A TILLMAN,
Oflie- No*lh Side liar rtree*.
One Door WeaVCiVj LxchatgB.
huvu entv.usU^l it., But •milt mww of
resumption, whitn in alw'ays prrUluctivo
of civil commotion, Is exercised only in
extreme cinjcic wlien all ojlu r reundir a
fail T Vi'peat, theii, the outinarv pur-
poses of government require, that the
power to decline Void an act ol the Leg
islature, because of its rcptignniice to
tlm Conslitutivn, should be vested in
some one of the three deportments ero
iited by that Constitution In which of
these dcpurtmentti is it vested ? Does it
belong to thn Kxecutive 1 A m meet’s
n Heetion will eonvim-e ns that this call
not be. The powers of that department
are positive ami cfl’u ie.nl. 1 bu iudivid
uni who p?i*M(li'H theie not only holds
the svvoid, but dispenses the boiiors td
thn Htnlo An union of such powers,
with that of which wu arc speaking,
would bo dangerous to llio libei ties of
the people. Hilt tlid 10th BcttioD of tho
•JrI article of the Constitution decides
thin quest on. It provides that the Oov-
ernor, "Shall huvu tho revisioo of all bills
[Hissed ill both houses, before tho same
shall becolilO' laws, but two thirds of
both buikog) limy pass n law uotwi[li-
st.intirtig bis dissent.’’ The Executive is
thus n part of the law tnuldng power ■ —
Hut it would have been useless lo lmvo
given him n limited negative upon the
f the Lejfislp^re, ilj whe»i K
rid which is l opugnunt to it ? "It call-
not escape obscrvntion, (says the learn-
i ed American Communlutor on Black'
stone) that to roq lire such an oath on
I the pm11J the Judges on the one hand,
I and vet to suppose them h'nmd by nets
of tfio Legislature, which may violate
the Constitution which they have sworn
to Fuppoi t, carries with it »neh n degree
of impiety, na well as absurdity, as no
man who pays any regard to the obliga
tions of nil oath, can be supposed either
lo contend fop or to ih lend." vVliat
would he tho situation of ii Judgo sworn
to siippMt thn Constitution and yet
bound to carry into eIleal an act of the
l.eglslatnro wliich violates it? Where
i ould ho find icfiigo from tho ain of per-
jur}- 7
This view of the subject might bo ex
tended. It is susceptible of varied il
lustrations - but I prefer to substitute
lor my own arguments, the uutlioritutivo
language of tho Constitution—tlm re
potted decisions of tlm Courts of Jus*
lice, mid thn concurring opinions of the
must oiiiiaeut juris s and statesmen of
our country. 1 begin with tlm C'onelitu-
tioii of the United Htjitcs.
The filb section of the fitli article of
that iiistruumnl ileelnres, that "this
Constitution und thn laws of tlm United
perioiity depends If the act of Con
gross conforms to tho Constitution of
tlm United States, ititd i5 "mttdo in pnr*
suanco thereof, the Judges in every
State ore bound by it, anything in tho
Constitution or laws of any State to the
'itritry notwithstanding. ” In this
event, they will lo bound to give opera
tion to the act of CoiigrcM, and decluiu
void tlm Statu law which contravenes it.
But if tho net of Congress does not con
form to the Constitution ol the United
tutus—if it is not "made in pursuittn-e
thereof,’ they will ruhitm to execute such
act, because of its repugnnnco, and give
operation to tho State Inw. For the
purpose of carrying Into effect this pro
vision of the Constitution, tho judicial
act of 1789, provides, ‘‘That a final judg
ment or decree in any suit in the high*
cat Court of law or equity of a State, in
which a decision in the suit could be
had, where is drawn in question tho va
lidity of a statute etc. of the United
States, and tho decision is against its
validity, etc., nr wlmro is drawn in ques
tion tho validity of a statute of any
State, on tlm ground of its being repug
nant to tho Const!' ••ion.trcntirs, orfatts
of tho United States, and the decision is
in favor uf its validity, etc., mtty bo re
examined and reversed or affirmed in
tho Supremo Court of the United States
by writ of orrtil*. uto." Tims then tho
Judges of tho State are authorixnd and
required to douluro void an act of Con
gress or of tlm Stato Legislature, which
violates tlm Conslituliou of the Unitodi
States—that Constitution they nro
bound to preserve from violation. Ard
they leas bound to preserve their own
Constitution, wlm-h is the source of their
power, by which ulone limy officially
exist? 1 "ill next turn your attention to
tho decisions of our courts of justice.—
Tho Constitutionality of tho (’ithingo
lax, w as discussed in tho Supreme Court
of tlm United States, in tlm case of Hyl ,
ton. plaintiff in error, vs. tlm U. Htutes.
This <■ mso was argued upon a enso, sta
tod between tho parties—was carried
up by consent, and is understood to lmvo
Ilium defended under tho direction of
tho otato of Virginia, with llm solo view
• J' testing tlm constitutionality of the
law. Tlm case of Marbury vs. Madison/
was decided by tho same tribunal. Tlm
decision affirms tho Judicial net of 1789,
or so much of it, ns gives authority to
the Supremo Court to issue wiits of
Mandamus to public officers, to bo un
constitutional, and therefore void.
1 extract from tho decision of the
Court, the following remarks; "It is
emphatically, tho province and duty of
the Judicial department, to say ivhut
the law is. Those who apply life lute
to particular eases, must of necessity
expound it. If two laws conflict tvitii
each other, tho courts mitst doeido on
the operation of each. Bo, if a law he
in opposition to llm Constitution ; if both
the law and tlm Constitution apply to a
particular enso, so that tho court must
either decide t lint enso conformably to
llio law, disregarding tho Constitution ;
or eonforiiinblo to tlm Constitution, dis
regarding tlm law—tho com t must do
tormino which of theso conflicting rules
governs tho case. This is llm very
esst'imiM f Judicial duty. If then the
courts are to regard tho Constitution,
and the Constitution is superior to any
ordinary act of tlm Legislature, llm Con
stitution, and not such ordinary act,
mind govern tlm case to which they both
apply.” Again "Why does a Judge
swear to discharge his duties agreeably
to the Constitution, if that Constitution,
forms no rule for his government ? If
such Im tho rouI state of tilings, this is
worse than solemn mockery. To pro
scribe, or to lake this oath, becomes
cquully u crime.”
procecdiiius of the Legi... rr -- .
in 4v.it! *4 rtid i i ■ £ I ii 11 (li Ate lit, tty‘1" pro- State n made in pursuance thereof, etc
> • - should fiavobcen matured into shall bo tho supremo law or tho land,
intend, d ti»ut im should and llm judge* in ovary State ahull bo
jM.Br* riiAblS, Matfa*. m><
rAunty,
w. ir. mux, n- r. auinioMi.
W. II. STAIlk & €0,
W HOLES A LK O KOCEII9,
Comm issroti 9t&rchan is
AND
Forwarding Agents,
Corner of Lincoln and Jlay Streeth,
ctt-i-Cui BAVANSAU, Gi.
bug.
a law, it wai
posseis the power of «i< ,
to be void on tho proimd of its repng-
naneo to tlm Constitution. Such a pow
er does not therofoto \wlong to tho ex
ecutive department. Docs it belong to
tlm Li-glsl.iturn to decide upon tlm .con
stitutional validity ol their own nett,
and is suoh decision conclusive upon
the other departments? It comports ly recognises tho right or such Judge to
with perfect respc.-t to tho Legislature dudaio void an act of Congress for tho
to observe, that such a power would be liko repugnance—it docs lint merely r«-
•‘to enable tho representatives of the ( cognize the right— it commands its «X-
pw.plc to snbstitufe tlicir will for tbut (Jf orejie
(hiring such Jnw bound t Imre by ; anything in Urn Consti
tution or laws of uny Htute to tho con
trary notwithstanding.” Here is ii clear
and explicit acknowledgment of the
1 right of a Stato Judge, lo declare void
; nil net of I ho State Legislature which in
repugnant to tlm Constitution of tlm
Coiled States—nml Uiucluuso ns clear-
Tho Judges in every Stnlo shall
bo bound l»y the Constitution, etc. of
tlm United .States, anything in tho Con
t heir constituents.” IVby is tho consti
tutional grant «C powor to tho ls*gisla- .
tore qualified by the limitation, that tho ablution or laws of any State to theoon-
exercise of such power must not bo re-! trnry notwithstanding. It then nn net
piignant to (he Constitution, if the Leg- of tlm State Uguduturo bo in opposition
islet me are to be fhosole judges of such to tlm Constitution of the Cnitod States,
repugnance? The legislature is the 1 the Judges arc required by this clause
creature or the Constitution, the ngoiit'. to give operation to tlm Cmmtitutmit
of the iKiOble for certain specified pur- and n-ject tho legislative uct—inuHtthcy Ncwpor^ Jroy Jimet.
powem defiilcd nnd lltn* UPC iuia Join*, .Muro IU l»«i»lut!*o | TI,o .oil«[!)•» 'Woon^l'^0
inch W(.uld graduate from college to a
machine shop, instead of already over
crowded professions of law, medicine
nml divinity, they would do a good
thing for thorns*!ves mid the world.—
Springfield {Must.) Republican,
<£l)c £utl)bat ^V^ ca **
i; vi r ; oi
One dollar periqtmre of l*n line* for tbs drat lit
sertion, und Do»cnljr-fite G*aV p'typnu|n each
inbiciucnt insertion, not cicocdinir liirco. '
snbiciucnt insertion, not cicecding
On*squaro threo months.... ...
Doe square one year....... L... t
Fourth of a column ais mouths...
Half column aia umolb*.,.
One column *u month*
8 00
. 20 00
. 00 00
A (ihost Story.
Tho cusfntnary monotony of a country
town, not fur from Cincinnati, Im* rn-
ccutlv iH'on broki ii by nn ocvurremib
that is rather ghostly in its surroundings.
It seoins that a wealthy old farmer Uvea
there, who, like wealthy old furmerp
generally, possess a young nml bcati-
tifnl daughter, Which he lovud passing
well, but much ns Im lovod her (and sh*
was his only child, and comfort too, fur
that mutter, his nifo being dead), he
loved massive and glittering greenbacks
more.
It lias been remarked that young and
bountiful daughters of wcnllliy old far
mers are not long without suitors, and
Mary had one—that’s her name. Her
suitor suited Mary, and Mary suited
Imr suitor, which made them both suit
ors. Another peculiarity with tlm
wealthy old farmer aud benutiful-nnd on
ly daughter busines is that tlm suitor is
poor, which don’t suit tho old man how
ever well it mny suit her. Quo day,
having conio to n perfect understanding
with Mary about tho mnttor, tlii.i ptJW
young man called tlpnn tlm father ami
stated his 1 «vo fur Iuh (laughter, and his
desire to pay her board und washing
for tlm rm of her life—In short to mar
ry her. Tho old man was thunder
struck (there being no lightning at that
moment lying a;ouml looRu tU lilt him)
Tlm audacity of tlm poor young man
paralyzed him fur a moment. It was ul-
uios't equal to n dose of numh palsy.
Recovering, however, ho kicked him
out of till! hotiHC In a suuimnry manner
(ho thought some Murys wouldn’t do it),
and ho ordered him uuver to sot foot in
it agnlll. Thon Im ordored^Ittry to her
room, and looking her in, kept her for
weeks on bread and water, beef stonk
and slowed potatoes, hum and Oggs,
brook trout, tomatoes, green corn, tea
and onffop, etc , with the evident inten
tion of starving her to give up hor lovor.
But notwithstanding this exhausting
diet, aim didn't fall oil' in Imr love for Ed
ward, nor in ilusli,
dim tiling that added to the rago of
this stubborn old Jail, was tlm fuel that
ho desired her to marry a rich old bach
elor (now wc nro coming to it), who
owned a farm adjoining. Uniting two
loving Imurts was well, but uniting two
fine farina was a great deal batter. Bo
ho told Mary, but sho couldn’t see it by
tho small koronnuu lamp with which her
ohumbur was lighted, und so tho old ag
ricultural written got muddur nml mad
der, and finally flivuro sho could marry
tho fitfffl adjoining (tlm other name is
immaterial) whether sho would or not.
He actually set tho day and hud tho
farm — ive niOan the old chap who own
ed it—come over to bo married In bis
anger aud rage lie hud forgotten about
tho necossniy adjunct of a clergyman ;
so leaving the party, Im mounted his
horse and rode fiercely away after tho
udjiinct. We euiinot describe the feel
ings of tlm girl, ns wo wore never situ
ated precisely like her. Wo onft- inmg-
ino tlmm, though, and so cun tho rcud-
or.
An hour, perhaps, had trnnsplrod nf
ter tho departure of tho cruel parent,
when ho came riding up tho luno which
led to tlm hniiso, as though somebody
was after him whose ncquaintnnco lie
did not desiro to mnko. Hunching the
porch, Im tumbled of] rather than dis
mounted, and was so palo and affright
ed in nppoaramo that any mart who
owed him money and couldn’t pay him
wouldn't Iniio recognized mm. llis
knees smote together, and Im looked
down the lane as though Im cxpoctcd
sonic pursuing foo to appear, lie was
assisted to his room and went to bud at
Hoyt*.
A son of Scranton, llio founder of
Sirohtnn, Pu.,joined tho ImniJs in bis,
father’s loiindiieH, that ho might leurn I ‘>ncc, so great was Ins exhaustion. IIo
tlm practical part of tlm iron
business.! ordered the duughlur rulousoii and
Tlm sou of a well known and waul thy j brought to him, and then he ordered tho
New York publisher used to loavo Ills expectant bridegroom, tho old baclto or
elegant homo every morning, with n tin j farmor, out ot the housu. 1LU duuglit-
poiTund inthognibof a laborer, and . cr cume, und when Im was sufficiently
l.otako himself to it macliino shop to la- recovered to speak, ho revealed the
bor us hard a* tho hur.lost, that Im might cause of his nfli ight.
learn tho business. Wo also know tho He said aa ho was riding toward the
Hun of an ominent college professor alio parson*, and while passing tlr.ugh a
is doing nearly tlm sutuo thing.—AW . narrow portion ol the road lined on ttth-
York (lazulit ur with trees and shrubbery, sud
The "son of a wealthy Now York pub- denly his horeo stoppctl abort undsnort-
lisher" alluded to above, is Gilbert Junes, led with fear. Ho looked and saw a
son of George Jonos, of tho Now York figure as of a woman, although her
Times Hu graduated from tho Now face wus concealed, nil m white, stand-
York Novelty Works, after a regular '"g "> tlm middle of too rou.l, poiulmg a
and severe apprenticeship, with ul? tho stern and threatening finger for him to
honors: aud is now in u manufuctuiiug g<» b»ck, ho Distantly Imeded tho super-
business in tlm city of Brooklyn, on bis ( noluml warning, and turning his liurses
own account—a business for which Ids houd, ho rode buck much faster than he
mechanical knowledge and experience
udmirably quulify him. And young
Junes is not only u first duns machinist,
but quite n$ much of u "geutlcinan'' us
if ho hud gruduuted at college und bad
rouudud olf scusons nt tiuraloga und
iM.HOH, and with powers
ited by the instrument which creates it
— but it is impossible to any practical
purpose, to form nn idea of un ogeiit
with limited powers, who possesses tlm
right ut tiro same time to decide conclu
sively upon tho extent of his own pow
ers— (inch u power would bo unlimited
—or the limit* prescribed to it, would
he incajwjblo of practical enforcement.
Admit Hiat tho Legislature nro the Nile
judges ut their ow n powers—and Blip-
l*oso nn expnat facto law to la* passed—
ii law <]( ( luring an act to be ct imiiiul
which was ini.occnt at the time of its
>1 III IMI 'IVVI.IIM mV . i , |Y , 11
t to bo void, becuusoof iIh rcpiigmmco fessor' is \N in V\ . 1 ylur, or l rofeasor
■ 1 Tyler, of Amherst College. Young ly-
h r gnidiiatcd at Aiiiherst in 1804, taking
tho second highest honor in his class,
and immediately ofter commenced serv
ing a regular apprenticeship in tlm.Ames
Coinpuny’s Works ut Chicopee, where
|io has remained over since, not only
studying the business tlmoreiionlly, but
h aring to do with h’w own hands all
kinds of work. Tho groat need of the
to tlm Constitution ? But tlm like pow
er is also given in relation to nil act of
Congress. The Judges in every fc'Utlc.
shall Im bound by the Constitution and
tho Ians of tlm United .Ttutes made in
puiHu.mco thereof. When tlmn*fo(o n
State J udgo is culled Upon to give ope
ration to uu act of Congress, which con
tra veiu s the provisio; - ul the Const Uu-
lion and luivs of tlm S:uti*i tho ompury,
S Ol IDO • •.Illl , llio Ullipi'IJ', muma uf -
whether such net of Congress oonlorms ' country und tho ngo is for liberally emi
to the Constitution of the UnitoJ Stutos ' rated men in the mechanical and indus-
is ncccss irily forced iq*oii -him —iijsin ' trial dejniitmerits, und if more young
came.
“Aud t*ho do you think it wuh, fatlr
er ?” said Mary, who hud Imun listening
with almost breathless attention.
"'rim spirit of your dead and gono
mother, child." ' *
And thon his old terror coining over
him, ho covered his head in the bed
clothes, and shnok tlm bedstead with
tho terror of bis fear.
Hu became calmer ut length, but said
Im was Hutietied he would never know
peace until ho had repaired the wrong
lie Imd done bis daughter, lie
satisfied the spirit of Ids wile had sto,.d
liis old imperiousness, ordered llio lov
ers to stand up and bu married.
Thoy wouldn’t aland it fiom anybody
but lum, <if cuuvso, but tlu-y oheyod, utid
tho ceremony was perfoimed. A curi
ous smilo stole Over the features of fho
gushing Hdtvard when tho utorv 'nf tHd
ghost won related to him, bill ok ex
pressed duo nmiji'.piyuidf It afterwards
got wbisporflu nionnil that Edward
plavod the ghost himself to win u wife.
Tins is an o’er trim talo.—VincinuiH
Time*. i i, I,
.— ♦*»
Ilnnltloek’N (.’rave.
The place where Craddock was bti-
lied in in Fayette county, Pennsylva
nia, and betwoon fifty-throo and fifty-
fuiii' milos from Cntnberlaml,Maryland, a
few rods North of the National road.— ;
There hud long existed a tradition id
this region that iJradiloek Was killed by
one of his own men, nnd more rocont
developments louvo littla or no doubt Of
tlm fact. A conununiculinn sumo time
sinco appoured in u Washington puper
written by a gcnllcntnii whosfl authority
is good on such points, atld Fay* :—
"When my father was removing witli
bis family to the West, one of the Kan-
Hulls kept n public house, mmr where
I'liiontown now stumls, tlm county scut
ol Fayette, Pit. In this man's lioiiso
wo loilgtid ttbout tlio 10th of Oqtobdr;
1781, twonty-six youre utid n few niontlm
aftor Brmldnck’s defeat, and there it
was made anything hut u sucrut that
one of tlm family dealt llm douth l»l0>sr
to tho British general.
"Thirteen ytJura uftci hards I ffiet'I’lfoffJ-
ns Fniisott in Fnyi ito county, then, as
he told mo in his 70lh yd.ir. -To him I
put the plain question, and received tho
plain reply: "J did shout him I” Ua'
then wont pn tn insist that, by doing so,
ho contruiuted to anvo what was left of
the army. In br'of, in my youth I i.ei'-
er hoard tho fact oitlier doubtod or
blamed/ tlmt Fnusctt shot Hraddock.”
lion. Andrew Btowurtjol Uuiontotkfi,
Pn!, says Faiisolt, who did not hcsili.tj
to avow, in tho prekonbo of liis friv.nOri/ *
that ho shot Conera! Brnddock. Fnusett
was a mao of gigantic fruuio, of uncivil
ized, half, savugo prvpunsitiva, who spent
must pf liis life among tlio mountains as
a hermit/ living on game which Im killed.
IIo would occasionally coino into town
and get drunk; sometimes ho would re
pel inquiries into thoutl’uir of Brnddock's
death, by putting bis lingcia to hi* lips,
and uttering a sort of buzzing sound; at
other times he would burst into tears,
und appear greatly agitated by oonfllct-
inu passions.
Ln spite of Brnddock's silly tfrJor that
tho troops should not protoct Uiomqoivee
behind the trees Joseph Fuiitfotl find
taken such positforf/ When firaddoA
rodo up in n passion, utid ktruok him
down with bib nxYohi. Tom Fausott.’whb
wus but a short t'iatunce from his broth
er, raw tlio whole transaction, und im
mediately drew up his riflo and slmt
Brnddock through tho 1 tings, partly irt
rovengo fur tho outrflga upon liis broths
or, and pnrtly, ns iio always alleged, to
get tho (jonornl (Mil of tho way, and
thus save tlm remainder of tho gallant
band who had been sacrificed to bis
obstinacy and want of experience irt
frontier warfare.
Alter Hraddock full, the retreating
soldiers curried their wounded Ucno-
rnl four days, until they reached "scvorl
milos beyond Dunbar's curnn, where
ho expired.” llo wus liuriod in tho
centre of tlm road which bis advano*
ing army had cut; mid fo prevent tha
discovery of tho grave, and to saVo the
body from suvngo dishonor, soldiers,
horses and wagons were passed over it
Some of the soldiers so marked th*
trees near tho spot, that those who visi
ted there many yours after, could marW
out tho spot with certainty.
Borne twenty-nine yours since, wliilo
u party of laborers were repairing thin
roau and digging away llio slope of the
hill, they disinterred suitio bones, with
sundry militury trappings, which were
at once known by the old settlors to be
those of Bruddock. One und another
took homo of the most prominent Dopes,
and tha others were reintorred undor
u treo on the hill. Mr. Btuwnrt after-
wards collected the scattered bones from
the individuals who hud takon them,
und sent them to Poulo’s Museum
in Philadelphia.
A plain shingle mnrkod "Brnddock’s
Ornvo," nuilod to tlm tree where it partof
tho bones are interred, is tho only monu
ment to point tho trnvolor to the resting
place of the proud nnd brave but uofor-
tiniute hero of the French war.
Curb for Ear Acirs.—Tuko a small
pioce of cottun wool, making a depres
sion in tlm centre with the ond of* u fill- 1
ger, und fill it with ns much ground 1
pepper nn will rest on a five cent piece, *
gntiiur it iato a ball nnd tie it Up, dip
tho bull into sweet oil und ius*rt it into
tlm onr, covering tlio latter with cottoir «
wool, and uso u bandage or cap to re
tain It in Uh place. Amidst Instant re
lief will bo experienced, and the appli
cation is so gentle that an infunk will
not bo injured by it, but exporieuco re
lief »s well ns adults.
Archbishop l'uicell. of Cincinnati, has -
written n letter in reply to Kuv. Thomas
was | Vickers, in whicli Iio declares that the
I’opc Inw never Leon opposed to pro-
in liis way to signiiy her displeasure | gl oss ; that it is a etnlo slandv^ to -say
• ■ ■ tl c Cutholio Cburob »H opposed to the*
circulation of the Bible, und that ko
rith the course he was taking regard-
log bur child. Long stories are lMU>ua!—T” T iV'~ r t , .
utter one aces tlm denouement. Briefly,.] himself is opposed to n no ion of CburuU
(lieu, he seat for Kdwnrd, who wus aijd State, and prefers llio condition of
found surprisingly soon ; then Im sent \ the church in tlm United hiatus to its
'or a clergyman, nnd with something of condition in Italy, I*ruueo or Bpiqn.