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mWaioo «- Two Dollars it paid within tlio
KSraSd TOT bolll?.- »ni <***'*
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ADVJsnrisßinttf TS~Accompftmcd by the cask,
ahd not exceeding one square, will bo inserted
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ior each nddlllonaMnsortion.: Those of a great
tor length lu-proportlon. >
.. Jon-I J aiKTtNQ—Such aa Hand-bills, Posting
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tented with'nccarflcyand at the shortest notice.
forfunl.
' From the ioutsctlfc Journal.
A griaiTlElt PIECE.
BT IDEIX
It was an ovo In summer,
Long ago In childhood’s years,
Ere the hearlTiad known a sorrow
- Or the soul shed bitter tears—
,Twas when the earth was coycrcd
. With a,thousand beauteous flowers
•And the golden sunlight lingered .
• On the half capricious hours.
Far above mo, slowly, flying,
• Passed a cloud of spotless white,
Elko an angel's plume it faded
■ From mine eyes’ enchanted sightj
Far behind mo stretched tho bill-tops,
Clad in purple, blue, and'gold.
And beneath mo in tlio shadows
A majestic river rolled.
Birds wero flying In tho branches
. On tholr tlrty, painted wings,
And from tho rocks wero bursting
Many pnro‘and crystal springs j
Uftlf-shut flowerets were reclining
On each oilier pnro and white,
Liko little children sleeping
iVUoa (lie stars conic out at night.
In tho tnoadows flockp were grazing
Neath tho chestnut’s spreading shade,
And tho hum of bees and Lectio
‘ Filled with music all the glade;
Oh i the earth was full of beauty
And my hcnrMn perfect tune'
As I talked with God and nature
Of tho happy, beauteous Juno,
Long I wandered o’er tho uplands
Till (ho sun had gone to rest.
Shutting down Ids golden portal
In tho far and roseate west;
Rose tho moon in all her.beauty,
Climbing up t!jo silvered cost
Like a maiden decked with diamonds
Going to a bridal feast.
Stars, like eyes of angels, opened,
Giving out tholr softest glow,
« Trembling o’er their own eweel beauty,”
In tho river far below f .
Long I gazed upon this picture,
Alter God had lighted Heaven,
And now, though years have parted.
Sill) I love that summer even.
BilHcedntimts.
Ftom the New York Ledger.
ADVENTURE WITH A BENGAL TIGER.
BT COL. WALTKU V. DUNLAP,
The night set in cold and rainy, and instead
pf riding over to Shreveport, to get what there
might be in the post-office for us, we sat down
4n mammy ’ssitting-room, and there called upon
Uncle Abner for the story ho had'promised ua.
Thoslioollng of the rigcr-cat hod put him in
mind of an adventure which he said he would
: ' relate \o us on the first opportunity ; and what
1 tyiporfunity mbre fitting than shdh tm evening
in such a place ?
“Well, boys,” said tllObld nttt'rt,ttnodking
the ashes from his pipe, and putting it on the,
Tittle shftlf where he kept it, “I’ll (ell you a hit
of adventure I once had above Calcutta a bit.
It wasn’t very pleasant sport at the time, tbo’
h'a well enough to think of nq’w. „ ■ ;_ .
One morrimg a hcatfy lighter came alongside,
dihnned by half-a-dozen natives. Our captain
had engaged hep lo go after Irish’ water. About
ten mile* above Hoogly—and I don’t know but
it may be more—there was a fine stream of wa
ter, and there we were going, intending to be
gone over ono night. Our first mate, a stout,
good-hearted fellow named Bill Gillot, was lo
take charge, and Sam \VilHs, Jack Springer,
awfonysclf, tferoio accompany him.
‘ We got ourguna and pistols aboard Ihclight
cr—for ye see, there were likely to bo robbers
about wherever Americans or Europeans ven
tured off in small parties—and having put our
.bedding and' provisions in, wo made sail up the
river. .Wo bbda fair wind, and by noon we
reached’ thb'mbulh'bf tho stream, up which wo
■Were Itfgot bur'water. It was quite a little
river, coming fn frohV llvd north *rd and wcsl'rd,
and os wo turned into it wo could feel that .it
vjfcs cooler and' sweeter than the water of the
•Hoogly. . „
1 About foubmilctf up Ms earn'd (d'lhti camp
tllfl llhtiVc Wntci'-ddVners were in tliohab-
It of slopping, and here wb came to. and made
fast* Some forty or fifty feet back from tho
hnhk <MV the.edge of a thick,’dWp'jbnglc, there
vros a spring which sent out water cnou'gh 16'
supply quite a stream* -It was at this spring
Wo ntWift. tdgot cutwater; and as soon os all
was wo set our natives at u’orlt Carrying
tho buckets: to and from 'the lighter* we filling
them ot tho spring. .. f ,
As wo five cohld fill much faster than the
porters could carry, and as it was not in tho
contract that tvo should lug water under the
hot sun, Uillot and I left the other three filling,
while we went to explore the jangle. But we
did not go a great way. Tho reeds were so
thick ami. sjout that we could with difficulty
make our way among them ; and, in fact, we
could not, save where a Sort of path hkdf alrea
dy been beaten. While we were in there tho
tnato made some remark about tho tiger. The
very soupd of tho monster's nama was enough
.to make mo tremble*
: When wo returned wo asked the natives if
tigers wero ever seen -about In that iiclchbor
‘hoodl They said they had never seen ono
’though there had been tracks found upon the
edge of tho soring, which Wero . supposed to
Imvo been tnaao by tliotigcr. The oldest of tho
Indians, and tho ono .who hired all tho others,
said ho had been engaged in work that had call
ed him lo this spring -more or less for fifteen
years; but ho had never seen any tiling that
looked liko tho animal in question. •
Most of tho people .of. this country have a
fpistaken idea of tho tiger. 1 Tho.few specimens
Which hayo been carried around to show arc
fiat much like tho real Royal Tiger of Bengal.
There arc certainly three sorts cf tigers, and
they vary in size os well as in > color. Tho
smaller kind havo lbc same general Characteris
tics, and are colored after tho same pattern as
tho larger ones; but tho colors arc not so bright.
Tho Iloyal Tiger has i a yellow ground lo his
skin, and then the stripes aro a beautiful black,
running over the back, imd down tho Bides,
about hi tho same coined with tho ribs. But
it is with regard to tho size of tho animal that
there is tbo, most mistake. When I tell a man
I have seen a tiger ten /cot. long from bis noso
to (ho end of his back, and then five feck of tail
added , to (hat, making fifteen feet in all, ho
don’t want to believe mo. But it is so.
Tho royal tiger has hgen scon to. carry off tv
lull sized buffalo I • An old tlindoo merchant—
an honorable man, and one who could have no
earthly reason for deceiving me—assured mo
that his men killed a tiger in ono of tho deep
jungles of tho Burracoor whoso body nlono was
ftet in length! I might have hesitated'
about believing this had' F not seen* onb myself.
BY JOHN B. BRATTON.
VOL, 44.
’nearly twice as large os I supposed,they ever
grew.
You dan imagine something, of the strength
of such an animal* It is very fortunate that
they arc scarce, fpr thfir destructiveness la be
yond all precedent. They kill for tlio mere
sake of killing. Let one of them mako his way
among a herd of cattle, and ho wiU Uill without
eating a morsel while : thcre is a living animal
to be seen. While Ih'ey can got blood they will
not taste flesh. They do not eat to appease
their hunger only; they eat to gorge themselves;
They will gulp down jblood while they can
stand. It is said by those who best under
stand their habits that they love’ human flesh
more than anything else; and will leave the
blood of any animal .for a man. Such taste as
that, though it may flatter humanity, I must
say I fail to admire or appreciate.
When night came we hauled our lighter into
the middle of the stream, and (hen turned in.
When we awoke in the morning one of the na
tives said had heard a low, howling noise
daring lho night, not far off. At one time he
thought it was a tiger, and was upon the point
of arousing us; but as he listened more atten
tively it sounded nearer like the yelping of a
dog, and he concluded to let us sleep.
As soon as wo had eaten our breakfast we
hauled our lighter to the uhore, and commenced
work. The sun had gothigh enough to throw
down.an uncomfortable heat, when I plainly
hcard'a crashing tnd distant part of Che jungle,
and in a few moments more one of the natives
started the cry :
• “ The Tiger I The Tiger! 11
In all the various sounds of earth I doubt if
there is another which can strike such terror to
the souls of the natives of that country ns docs
that cry. No sooner did it break upon the air
than (he rest of tlio Indians took it up, and at
the same lime rushed for (ho lighter. They had
just gained it and wo who stood beneath the
awning which had.been spread over the spring,
were about to follow, when a low, deep cry,
like the snarl of a cat a thousand times multi
plied in volume and depth, broke upon our cars,
and on the next instant a dark object came,
with a sort of blurring sensation, licforo our
cycs. # We started back, and as soon as I could
fairly look I saw a huge tiger crouching upon
the nard sand about half way between us and
the boat!
lie was gazing upon tho natives. They knew
bis habits well enough not to run any further
then. They bad gained the bows of the light
er only, when the tiger leaped from the jungle,
and the cuddy, or litile cabin, was in the after
part. They knew if they turned to seek that
place (he monster would leap upon them ; so
they stood hi a body and faced him; while ho
lay' in a crouching posluro, with his tail lashing
the sand, and his claws gathering for a spring.
We had taken our guns up with us to the
spring ; for the report qf the .native who *md
heard the noise in the night served lo put us on
our guard. Tho pieces were common heavy
muskets, and we had loaded them with two bul
lets cijch. We seized thcm.ps quickly ns possi
ble, but there was a difficulty fit tfteway of our
firing. The tiger was directly between us and
the natives 1 Tho placo where we stood was
some feet higher than the shore, and the place
where the monster was crouched was in a di
rect line with the bows of tho boat.
A ball passing through life, body from one of
our guns would if lb kept on in a straight line,
Strike the natives nt tho breast.
It was very evident that no lime was to bo
lost, and 3’ct our best course was not cosily de
cided. However,'Ve were just upon the point
of moving oround so os to bring tiger out from
that fatal range.,when I noticed that tho na
tives were not only conversing eagerly, but were
also changing their positions. I saw that they
were up to some plot, but what it was I could
not tell. They saw how we wero situated with
regard to firing, and hence they Scetotd to have
studied for tlrcmstlvfcs. Presently one of them
spoke to
. ‘Tho tiger means for leap at us! lie looks
fine) If wo got stVords and guns ! He find no—
lib leap. When you sco him on thc-boat- you
fire! Fire at him — l ’ •
The Indian probably meant t6' tell u 5 where
to aim, but that moment a movement in anoth
er quarter arrested his attention. They had
each gained a position lo suit, and then watch
ed tho tiger with tho nrosl intense eagerness.—
I saw the monster’s fore legs move—l saw the
claws open upon the sand—and-then came that
peculiar gathering of tfte body which shows
that the muscular power is all concentrated.—
On the next instant (lie Inigo body left thd
earth : and as it did so the six natives disap
peared os if by magic. They had dropped
down into tho spaces between the casks, doub
ling themselves up like hedge-hogs'.
. The tiger struck tho tops'of tho casks, and
seemed for a moment to be utterly confounded:
antf during (hat moment wo raised ourmnskets.
Thd beast stood- slightly quartering, with his
head from me, so that my best point of sight
was just behind hia sjiouldcr. We fired to
gether, or very nearly sol
, . While yet the’ring of our reports was upon
1 thtt nii* W<i heqrd a deafening howl, and before
the smoke had cleared away, so (hat iVo could
see tho lighter, tho tigerwas unoh thb sand,
very near thb s’pbl where lib hnu crouched be
fore. }Io saw us, and with another yell leaped
toward us. I cltfbbCd’my musket, and .struck
him upon thd head ns ho passed nib, but thb
Wow seemed to make no impression upon hhh.
110 kept on some yards boyond us, and then
turned. lie did’not stop to gather for 0 spring,
but rushed dlredtly tbWardp us.. Wo moved
quickly aside, and he passed us again’..
Wo now knew, of course, that he ttarf be
wildered, and to such an extent thpt ho could
not reason. As he turned a second titno (ho
malo caught tho axe, which w 6 .had brought
with ns. for ordinary use, and stood by lo use
it. He grasped it with a steady nerve, for there
was little danger now* and as tho tiger came on
again; hesitating and. hnlf-turuinffefc-hcn lie
reached us, Bill brought him a blow Utvon the
top of Ids head that split hia skull. The mighty
beast staggered sideways* few steps, and tben
Tho natives noif canionp from the lighter
and th\\r shouta oftoy and wtullalion were be
yond anything of tho kind I over heard'before.
They claimed a. good share of credit in tho
monster’s death, and wo were willing to grant
it; for had they not acted as coolly and reso
lutely ns thoy did, tho tiger would notjiavb
been killed as he was; amlbcyoml vbat ii was
impossible to judge what might have happened.
At all events, I don't believe that we, had wo
been exactly lifclbeir situation, would have done
so well as they did. Wo should/mt have re
sorted to stratagem so cosily and naturally: but
should have been more likely either to have
wade tor the cabin, or to have faced him and
made tho beat of It—in either of which cases
we should probably have como out second best.
Tho tiger measured seven feet and a half in
length of body, and nearly eleven feet from nose
to tail Inclusive. Two of-our bullets had pas
sed within half-ap-lnch of his heart; one had
entered his head, while ono was lodged bis
shoulder. Wo voted thtfsklu to our maio, and
ho was thankful and, proud.
Ft was lucky that wo had tho skin to show
when wo returned to tho ship, olso tho orow
mighfnot have believed'that wo had'slain such
an animal so easily.’.' . -
IIESItV S. MOTT, et nt. CANAL COMMISSION -
EDS, vs. THE PENNSYLVANIA RAIL ROAD
COMPISV, et a!. LEWIS, C!i, J,
Three bills in equity have been filed, in Inch
of which a motion is made for an injunction to
prevent the sale of the Main Line of the Public’
Improvements of the State, under the Act of,
Assembly of May 16, 1857. These motions
draw into question the rights of the Canal Com
missioners, of the State creditors, of tho tak
eovers of the Commonwealth, and of the slock
holders of the Pennsylvania Railroad Company,
to interfere in the great question involved. On
all the questions about to be decided, I proceed
to deliver the unanimous opinion of tho whole
Court,
Although there is some difference in our rea
sons for denying to a dissenting stockholder,
who is offered compensation for bis slock by tho
terms of tbo Act, the preliminary injunction
asked, we all 051*00 in refusing his motion. —
IBs rights ore to be determined on the final
hearing.
We do not consider it necessary to express
&ny opinion on the question whether tho holder
of a # certificate of State loan has such a pledge of
the tolls on the Stale canals and railroads ns
could be enforced in a Court of Justice. .Con
ceding, for the purposes of the present motion,
that he has such a pledge, wo are nevertheless
of opinion that tho right of a pledge extend* no
further than to require a sale of the thing
pledged, and an application of Bio proceeds to
tho payment ofhis claim. This is what the Act
of Assembly proposes lo accomplish. It is what
a Court of Equity would do, under tho circum
stances disclosed, if the controversy were be
tween private individuals. But the Legislature
has the right (0 proscribe remedies and change
them at pleasure, so that the rights of the par
ties are not materially impaired.
We are perfectly satisfied that (he rights of
the State creditors wifi not bo impaired by a
fair public sale of the Main Lino to the highest
and best bidder, and the application of the pro
ceeds lo the payment of the Stale debt. On the
contrary, we are bound to presume, from the
evidence before us, (hat such a proceeding will
be highly beneficial to the creditors of the Stale.
It will reduce the amount of tho public debt,
and render the residue more secure. We have
no right lo presume Hint the Wotks will be sold
for less than their full value. The crcditoV has
therefore no case for relief on the Tooling of the
pledge of the tools on tho Public Works.
But tho Canal Commissioners, the tax-pay
ers and the creditor, object (0 a contract of sale
under which the right to punish the purchasing
corporation for misuse or abuse, and the right
to’tax the Pennsylvania Railroad Company for
jStato purposes, and another Company for ton
nage. is forever extinguished. It Is alleged that
the Legislature have no.constitutional authority
to bind succeeding Legislatures, in these par
ticulars. If such a contract be unconstitution
al and void, the Canal Commissioners are In the
line of their duty in suggesting this objection to
the Court, and if the Court should hold the Act
of Assembly void, it would he the duty of tho
Commissioners, ns faithful agents of the State,
entrusted with the custody and management of
the Works, to retain possession, of them for the
use of the Commonwealth, regardless of thq un
authorized attempt to deprive the public oftUcir
Hghts. If the Legislature have no right to._re*
lease tbo means on Which the State nnd hcr cnil
itors must rely for the payment of her public
debt, any creditor whoso security is about to
bo thus impaired has a right to bo heard in op
position to (ho measure proposed. The tax
payers, whose burthens will bo necessarily in
creased by releasing from taxation any portion
of property liable to contribute the payment of
the public debt and tho expenses of government,
have also an interest in tho question, and, of
course, have a right to bo heard.
A judgment ot ouster agdlnst a Corporation,
duly put in execution, works its dissolution. —
According lo the ancient common law, where
there is no statute provision to tho contrary,
upon the civil death of a corporation all its real
estate remaining unsold reverts back (0 (he orig
inal grantors and their heirs. The debts duo
to and from the corporation arc all extinguish
ed. Neither stockholders nor tho directors nor
trustees can recover debts or bo charged with
them in their natural capacity. All tho per
sonal estate vests in the Commonwealth. 2
Kent’s. Com.. 307 ;T Black's Com. 484. But
under the modern rule of equity jurisprudence,
tho severity of the common taw in this respect
is greatly mitigated, nndit Is held.that it is the
franchise, and not tho property of the corpora
tion that is forfeited by a judgment of ouster,
and that the property of tho corporation is a
trust fund for tho payment of debts and distri
bution among stockholders. Wood v. Sum
mer. 3 Mason’s Reports 309 ; Adair v. Shaw, 1
Sch. and Lefr. 20,1: Mumma v. Tho Potomac
Company, 8 Peters, 28L. Tho Canon Compa
ny 20, L. & D. 315, Travis v. Milno. 0 Haro
141 : Baron ct 01. v. Robertson ct ah’lB Howe
U. S. Uep., 480. The 15th section of tho act
of lOlh of Mdy, 1857, enables the Legislature,
ol their election after judgment of ouster, to re
voke thb priviUges of iho corporation* and fo
take the roads and canals for pubfio use, giving
toll compensation totbostockboldcrs. This pro l
vision docs not vary very materially froni the
rule which equity would adopt, independent of
the net 6t Assembly. It is no release of tho
punishtttcnl foi* misdsoor abhsc. Nor is', it a
release of the eminent domain under winch tho
corporation may bo repealed without either
Abuse or misuse whenever the public interest re
fiuircs it, oii giving Jdst compensation to (ho
stockholders. The.word" may,” asnpplicd lo
tho action of the legislature in this respect, is
not to bo construed as’ "sliair’or “’must.”—
If tho construction were doubtful, the doubt
must bd resolved hi fiftw of tlfo Store. A Cor
poration can never claim a privilege against the
Stale without showing that it hrclearly entitled
to It by terms of Ihocnartbr. TherbwitoXlfing
in thin keeltdn which binds the Legislature to
mnko full " Compensation to thostpokholdcrs.'J
That Isonlyto bb (lotto if thb Legislature shbuld
by Legislative act, revoke tho privileges gran
ted ; but there is no obligation, on theirpart, to
Cass any oat of revocation. If (his should not
e done, tho judgment of ouster, with all its le
gal and equitable incidents, would remain in
full force. There Is, therefore, no release Of the
right to punish for misuse or abuse, nor any
release of the eminent domain In tho provisions
contained in thq 151 ft section of tho act of as
sembly. . *
Wo now come to tho vital question involved
VJ.fI lcs * Wl'cabons. The Act of Assembly of
ICth of May,. 1857, makes provision for tv pub
no sale, and, for tho purpose of inviting compe
tition, directs that pubiio notice of tho lime and
place to bo given in one or wore newspapers of
extended circulation, published in tho dies ol
Vhilnddphio, Pittsburg. Washington, Boston,
New York and in tho borough of Harrisburg.—
It authorizes "any person or persons, or rail
road or canal company now incorporated, or
which may hereafter bo Incorporated under the
laws ol this Commonwealth, to become tho pur- •
chasers for any suin not less limn soven millions 1
live hundred thousand dollars," But there is '
n proviso in tho 3d section, which declares that |
"if thorcnnsylvunlaßailroad 1 Company shall <
become the purchasers, at the said pubfio sale 1
or‘by assignment, they shall'pay, in addition l
“OUR OOCNTUY—UAY IT: ALVArS'nft'|woni: —BUT' lilGtlT .Ott WRONG, OUB OOONTIIT. ’’
CARLISLEi JULY % - <
to ttio purchase money afchioh it may ho struck
down; the sum . of. ohtp.Thlllion .fivo hundred
• thousand,dollars, and, t?i consideration thereof,
the said railroad company, and the Harrisburg,
Mount Joy and' Lancaster Railroad Company,
shall bo discharged byjtßo Commonwealth for-:
mr/from the payment if all loses upon tonn-,
' ogoor freight carried ovdjsaid.rpilroads, and the
' Said Pchnsylrahia Railroad Company slmfl also
be released from The parent oL nil other taxes
or duties on its capital stock, bonds, dividends,
or properly; except ToA'school, city, county,
boroligh; or towpsnip Theamonnt
of taxes purposed to be feleaked is beyond cal
culnlioil. - Ifonn only bcjconjcc'turcd. , It would
be greatly increased !)/ the tax which would of
course be levied oh the property about (o be sold
to the Company/*-. Judging, fro in the increase,
during the last the constant aug-,
mentation of commerce «md travel along the
route, it would secmVrcaaohablo (o. believe that
in five years from this tjfbc it would be double
its pfesentamonnt.-/ BntfuoOccdingthatihclax
to be released wiirhcrpaflfr.amounl lo no more,
per annum, than the hiJm paid..in -1856, the
amount awarding to of the Rail
road Company'itself, tvoUld be
per annum, forever.- Tfjfc sum •is more than
equal to,tho interest at s.per
cent., the rate to bcchai-gcd to the purchasers.
In other words, the Act qf Assembly proposes to
give to the Railroad 1 Conipariy a consideration
equal to $5,000,000, foe -51,500,000, and thus
to give that Company .*nn advantage equal to
$4,100,000 over everyottyer bidder at the sale.
By means of this privilege, the Pennsylvania
Railroad Company- may drlvofroni the Held of
competition nil other, bidders. It is essential to
every fair public auction? that all the bidders
shall stand upon an cquafifooling.
If the object has-been to make a fair sale of
this portion of the State revenue, it might have
been evinced by a provisldn for the transfer of
it to the highest bidder, without any distinction
in favor bf any one.'' Butrins was not done.—
The extraordinary provtstf,'in fnivqr of the Penn
sylvania Railroad Company, is partial and en
tirely repugnant to the general intent of the act,
and if allowed to stand, sale under it will
furnish one of the most magnificent exhibitions
of a “ hiocfc auction” world has ever
witnessed. We rejoice tolsay that the highly
respectable and upright officers* of.the corpora
tion disclaim, in the raosv Bolcnm manner, un
dtr oalh, all a'gcticy in procuring Uiecnactment
in question. . . ' ‘ : •
But has the ConSl'Unlbiv conferred upon the
Legislature thoaulhorilylo extinguish, forev
er, by bargain and sale, thq power to raise reve
nue for the Support of the government? *All
free governments arceslabßshed' by the people
for their benefit, and. the powers delegated arc
to bo exercised for their common good, nnd not,
under any circumstances, to be sold or destroy
ed, so long ns.the nations establishing them
have the physical power their inde
pendence. Individuals cannot subsist without
food. Deprive them of the " means whereby"
they live, and you destroy them as certainly as
if you did it by shedding blood. The mp
ccssities of govcrmiTgpts aro ns great as those of.
individuals. No government can exist without
' revenues to defray its expenses ami support its
i officers and agents.' ■ Thc*tcTCmic' lir the food
- indispensable , to* its existence. Deprive it of
this and it of all power to perform its
dutiop, briiig'it /nio contempt by/is uselessness j
and helplessness, nml uliithafcly -destroy fins
cfft-onmJJy as if ,it were overturned, by domes!ic!
violence or subjugated by the conquest of ft for
eign foe. Government ia but an aggregation of
individual rights fthd powers. It has no more
right to commit political suicide than an inili
vidual has to destroy tho life given by his Cretv
lor. Contracting away the taxing power in
perpetuity lends, os we have seen, inevitably to
the destruction of the government. Iftwclvoor
twenty millions of taxable property may bo re
leased 10-day, ono hundred millions may be re
leased to-morrow ; and, the principle being es
tablished, the process might goon until all pow
er to raise revenue was gone. If this did not
destroy tho government, it would result in some
thing infinitely more dangerous (o tho liberties
of tho people. It would make i(, the servile de
pendent of tjic wealthy corporation of individu
als to whom it contracted away its means of
support. Although the taxing power is an in
cidental ono, to bo exercised only as the ncccs. [
sary means of performing govcrmcnial duties, I
it is nevertheless, ft branch of'tho Legislative
power, Which always in its naturo implies not
only tho power of making laws, but of altering
and repealing them as the exigencies of the
State and circnmsinnpc of iho limes may re
quire. Ruthcrforth’s., inalltuicS of National
Law, b. 3. eh. 3, s. 3. 1/ ono portion of (he
legislative power may bu sold, another may bo
disposed of in the same tvay. If the to
raise revenue may be sold 10-day, tho power to
punish for crimes may be sold to-morrow, and
the pouyr to pass laws for tho redress of civil
rights may bo sold the next day. If the legisla
tive power may bo sold, tho Executive ana Ju
dicifll prowers may be put in.the ‘market with
equal propriety. Tho result to which the prin
ciple must inevitably lend, proves 'hat tho sale
of any. portion of govcnnqntal power, ts utterly
inconsistent with tho na;urcof our free institu
tions, and. totally at variance, with ’ the object
and general provisions of the Constitution of tho
Slate. It may bo urged ihi two must confide
in the fidelity of tho Legislature, nnd (hilt there
is every ground for hope that they would not
carry such measures' to anmirowJooAblo length;
This is no answer to the argument. Ft is a
question of Constitutional authority and not. a'
case of confidence at all. Limitations uf power
established by written Conslfliilions have their
origin in a distrust of the imflrmlly of man.—
That distrust Is fully Justified by tho history of
the rise nnd fall of nations. . ; '
But* concedin'# that. this practice » ; ill not
bo carried so - fur ns to destroy (fib (government,
ia there any Warrant for it to, the extent to
which tlid act of Assembly proposes to go in
the'present ease ? It was held by.this Court
in Wood's Estate, 9 Unfria. 114, that the du
ties 6i sovereign nnd Subject arc reciprocal, and
the person who ia protected bya government in
his person or properly, may bo Compelled to
pay for that prolcclldh., A*s tfoifca aro to bb a's-
Bcsscd fob the no!6' purpose of .supporting the
government, lli6 propriety of exacting them, tho
persona and property to be made liable, and the
rules for their assessment and collection aro tb
bo dclenuinod by its authority. It is, howev
er, a mlo of tho public law, founded on a prin
ciple of justice, which no governnumUan dis
regard without violating tho rights of its clti-'
zens, that taxes shall be assessed in such man
ner that all the citizens may pay their quota,
in proportion to their abilities ami tho advanta
ges they derive from tho society."—o Harris,
114; -10 Harris, 407. This principle is sanc
tioned by writers of tho highest authority—
-1 Valtel. b. I, eh. 20, s. 2*lo ; Rutherford, Inst,
of Nat. Law* b. 2, eh. 3, a. 5; ■ Puncmlorf’a
Law of Nations, b. 7, oh. 9. s. 10. It ia ex
pressly declared by Baron Piiirendorf, ”no
immunities or exemptions" {from taxation)
ought to bo ‘•granted to certain persons to tho
defrauding or oppressing of tho retit.” It Is
upon this principle that, when tho private pro-,
perty of tho citizen Is taken for public use, just
compensation'is to bo made to lilm but of the
common fund, in order that tho contribution to
tho public interest may full in a Just proportion
upon each cirizcu—Uuthcrforlh, b. 2. ch. 3 f s.
5. As tbp Legislature fire the judg
es of the method of assessing tnx.es, it is ip be
presumed that they-have regarded Iho rule of
contribution Sanctioned by justice and tbo equal
rights of the citizen and -their enaclmcnts-nro
hoi always subject to judicial ‘review.. Where :
they make appropriations to institutions of
learning; or charity, or grant lands or'pensions
to persons who have served in the defcncc of the
nation,,itis presumed-to be n compensation for
the good that has been done’or is to he done to
Iho community. Where they granttothesdme
institutions or individuals an exemption' froth
taxation, such grants, for the same reason, arc
not regarded 03 a.violation of thornlcsof justice
and equality. ,So long t ns there is n a contract
whicli may tie thc-hands of succeeding legisla
tures'ngninst repealing such' exemptions—and
so long os they are not repealed, they.scem to
have been enforced as a legitimate exercise of
legislative po.wcf •—I. S. &R. 62; 0 Walts r 435.
But where there is no pretence of on Intention
to equalize'the taxation, among the people, bill
an avowed purpose to sell to one class of Citi
zens an exemption from .all taxes forever, and
thus to throw all the public burthens upoa the
other, for all timo to come, it Is, to all intents
and purposes, imposing a tax upon tbcttt with
out the consent of theirj’cpresehtallvcs, and la
such a plain, palpable and open-violation of-the
rights and the people- -such a' clear
cose of transcending the just limits of legislative
power, that thejud'eiary is bound,to pronounce
such an act as hull and void.
No class of ,corporations stand,more need of
the protection of,the government,or.occupy
more of- the lime of the Legislature and .tho
courts of justice,, or occasion more expense to
tho government than railroad corporations.—
From the extensive nature of their operations,
the power to take private property for the con
struction of their works, and their, continual
collision with each other’s interests, and with
the interests of individuals and municipal com
munities, they require the constant and the en
ergetic protection of the strong arm of the gov- .
eminent. Withdraw that protection and they ;
would ‘ be left to the mercy of popular out
breaks, manifesting themselves by opposition
to their program and the destruction of their
works whenever tho location of theirroads or ,
their depots, or anyof their numerous arid ne
cessary operations come in conflict with the in
terests of particular localities. These corpora
tions should bo the last to consent that.the go
vcrnmcnt shoald be enfeebled by thc/diminu- •
iron of its revenues, or to nsk that it should be
bound to exert all its energies, and. lucur large
ami constant expenditure for their protection
while they arc exempt from contributing their
share.
These principles are not so infirm ns to stand
in need of tho stall of authority for support.—
They are the result of that liberty and equality
which was established by iho revolutionary,
struggle of our ancestors.
* They are perfectly nnderstood by every one
who.hhs capacity to comprehend tho nature of
our free institutions. They arc deeply impres
sed on the. hearts of tho people, and they are
fully recognised by the history, the objects and
the Ihnguage of our State Constitution.
, L.-ThnxSflscof New. Jersey vs". Wilson 7 Oranch r
.164, is cited in Opposition to this doctrine. It
was decided without argument on'iho part of
(hp State. It has relation altogether to the
power of the Colonial Government, by treaty
with'the remnant of it tribe of Indians, who re
leased lands claimed by them,in consideration
of the grant of other lands free from taxation.
The Indians occupied in some respects the con
dition of a separate nation. Nations arc fro*
qucntly obliged, for the sake of the public peace,
to make concessions to each other, which could
not be justified if the transaction were between
a State and individuals, and if the rules which
govern in the construction of the treaty making
power, do not apply to ordinary contracts.—
But it is a sufficient answer to this ease to say
that tliQ powers of the Colonial Government of
New Jersey, before our free governments were
established by the Revolution of 1776, furnish
no rule whatever for ascertaining the powers of
tho Legislature of Pennsylvania, under our pre
sent Constitution. .
p ’• In the case of Gordon v. Tho Appeal Tax
, Court, 3 Howe, 142,-it was “admitted by the
, Attorney General of tho Statcof Maryland.lhat
there was a contract between tlmtStnto and tho
, Banks, and that it was protected by the Su
preme Chart of tho United States. The ques
tion of tho constitutional power of (htTlegisla*
, turo to contract awny tho taxing power was
therefore neither raised nor decided. If it had
been, the question would have had relation (0
tho powers conferred by the constitution of
Maryland, and not to those by that of Penn
sylvania.
The ease of Hardy v. JVotbam, 7 Pick. 110,
was that of an exemption granted by tho old
Colonial,Ordinance of Massachusetts of 1050,
and subsequently confirmed’ by the people in
their Stale Constitution. A decision affirming
tho power of the people, when establishing their
Constitution, to confirm nn exemption from tax
ation granted to a college by an ancient Colon
ial law, lips nothing to do with ,tho
Question involved in this case. That tho pen- ,
themselves possess this power has never been
doubted. All power emanates from them.— ,
But it is denied that* they have in this State
granted any such power to the Legislature.,
In Atwalqr vs. WfyojJbficlge, C Com. Rep. :
223, ami in Seymour vs. Ilarlforn, 21 Com. >
Hep. 481, the question of the right of tho Leg- :
islaturq to'cenlractavvay tho taxing power, so i
as to' hind future Legislatures, did' nut arise,
because the subsequent enactments were not 1
construed or as a repeal of-the ex
emptions previously granted. Tho intimations 1
of the Judge ,in delivering iho dpinlo'n in' tho j
last mentioned ease, that such n newer had been ,
judiciously sanctioned go for little, particularly j
when wo sco that ho deplores tho -exercise of ,
sych' a ‘.'High act of legislative po\vci\ M and <Jc- ,
dares tho intention of the Court “not further 1
to extend this ixemplion.from taxation/** The 1
progress of tho Qgcnnd the experience of gov- I
eminent enables it to sco and correct tho errors t
corfnnittcd during it? youth and inexperience* (
,Tn Brewster va. Hough, 10 New Hampshire <
Hop., 138, it tfab.bcld that “tltf pbWiVdf lax-, j
ationls csscpliijlly a power of sovereignty or '
eminent domain, and Chief Justice Barker In *
delivering th 6 opinion of tho Court, questions *
the power of tho legislature to mako.a contract- \
by which it shall bo surrendered without ex
press rt’otlibrity fob tfikt purpose In' thb Odjuflf- |
tution. ■ Ho held that there is a' material differ
ence between the right of a Legislature to grant '
lands, or corporate powers, or money, and a
right to grant away tho esxtnttul attributes of
sovereignty. These, he adds’, do fiot seem to
furnish Iho.Biibjcct&iattcr of ;a contract. In
these views wo fully concur. Tho attribution
of power by the States to the Union, la not in
conflict with this principle, for tho net of Union
ia but an onlargomontof tho political society fbr
certain described i purposed, and tho power of
taxation that passed to tho Federal Government
was but n natural and-necessary sequence of ft.
It was not extinguished by contract, but merely
transferred to another portion of tho government'
to bo exercised lor thogonorol welfare, under tho
limitations proscribed, ’ •
In general, tho Slate Courts have avoided ex
pressing an opinion on tbfamoinuntonsqnosiflon,
wboro tho necessities of (ho caao dld no{ require
. jVT. 52,00 PER AKKUAI
U. Tho cases, which have arisen, h&vo gener
ally boon disposed of by holding that,« excmp-i
lions arc binding until repealed by subsequent
’ Legislation"—that «no charter or grant carries
with itsuch expressed" |
—that ** tho taxing power is of Vital importance |
and is essential to tho existence of government"
Is « a part of the ppwerof legislation”
—that “ It resides in a government ns part of It-
and that ff tho release of It is never to bo
'assumed." Jlfostof these principles arc announ
ced. by'Chiof Justice Marshallln tlio Providence
Bank ys.Bllllngs, 4 Pot. tSGI> 602,603, and ro
cognised, by many decisions in tills umd other
States. 108arf.,442j 12.HaW5,232; !0 Har.
ris;49o. Hut tho question has been distinctly
-decided against tho existence of any such power 5
different times .by. (ho unanimous judgment of
all tho Judges of the Supremo Court of Ohio.—
Dcbolt vs. Thy Qhlo Life Ins. and Trpst Co.j 1
Ohio Stoto Reports, €63 5 The Toledo Bank vs.
.Tho CUy.,of Toledolbid, 623» Mechanics’ and
Traders* Branch Bank vs. Dobolt, Ibid, 591 \ —
Tho. Milan and Rushlahd Plank-Road Company
vs. Rusted, 8 Ohio Rule Reports 678 {-tin?.Nor
walk Plank Road Go., Ilustcd 8 Ohio State Re
ports, 680.- In one of these eases, it was de
j dared that tho Legislature, bad riot tboconsti.
, tntional authority to ahridgo.br in any manner
whatever surrender, any portion of, the xight of
taxation; and that this question had been settled
by solemn adjudfcalibri, and Is not now an open
question In that State. 8 Ohio Stato Rep.- 681.
It is time that tho Supremo Court oi tho United
States has taken a different view of the question,
and has.on sovorfll’caseS, reversed tho decisions
01 the Supremo Court of Ohio. Plqua Bank ys.
Knoop, 16 Howo, 396; Mechanics* andTmders*
Bank vs. Dobolt,lB Howe, 880; same vs. Thom
as,- Ibid 384; Dodge vs. Woolsy, Ibid 881.
•Tho’ decision of tho Supremo Court of tho
United States, on the construction of.tho Con
stitution or laws of tho United States, nni bind
ing on tho - . State courts* The decisions of tho
Supremo Courts’; of tho several States, on tho
construction, of tho Constitqtlon arid laws of
their respective States, ore in like njannor, bind
ing on tho Supremo'Court of the United States.
That Court has no more right to overrule n
judgment .of a State Court, on a question ol
Stato law, than the State Court has to bvcrmlo
the United States Court on a question of United
States law.. All contracts are to be construed
and understood according to (ho law ofthe place
where they are ma'Qo and to bb performed. Tho
tows and constitution of a Stato are to bo con
strued and understood everywhere according to
the judiciabconstrucllon which they receive In
tho Stato where they arc made and aro to oper
ate. This is tho rule of jurispriidenbd which
‘prevails ’ universally throughout tho civilized
world. It is’.tho rnlo which always ought to
govern, and which generally docs govern'(ho
j Supreme Court of tho United States. Wherc
-1 over there is a departure from it, the necessary
j result is taimpair public conOdonco In that ox
| altcd tribunal and to introduce disastrous con
tusion Into (ho administration of tho law. It
j cannot bo expected (hot,tho Judges of tho Fed
eral Court should bo as familiar with tho con
stltntloh, laws and usages of Ohio, ns tho Su
premo Judges of that State, who reside within
her limits—who hgvo been chosen bn account
of thcir'ocquainianco with her laws and whoso
especial business it.is to expound them. Tho
decision of tho highest-judicial tribunal in a
State, on tho construction of tho State ConstU
tullou, or a State law, is authoritative every
' ‘where,TvhiJn tlid samo-question arlscsrbocnuso
it is pronounced by tho only tribunal having di
rect and. immediate jurisdiction over (ho ques.
(fori. The decision of tho United States Court
00 dm same point, .where it incidentally arises,1
(s hot nu(horf(y..oi9ow/ioro, because it baa no di
rect and Immediate Jurisdiction over (ho ques.
(ion. .I(s duty fa to receive (ho S(a(o law as It
is expounded in (ho tribunal of (ho last’resort
In tho Stato.- -These views furnish a plain rule
for estimating fjio.value of (ho conflicting deci
sions which have been clfcd. Wo have no hes
itation in adopting tho decisions of the Stato
Courts, on all questions respecting tho moaning
of tholr own Stale Constitutions, and tho extent
of tho powers which (ho people of tho States
have therein granted to tho different depart
ments of thgjr own State governments. It may
be added that tho United States Court was di
vided In opinion on this question. Three emi
nent Judges of thqt Court dissenting, while tho
State Court was unanimous. And It is hut Just
to say (hat (ho opinion of (ho State Court is sus
tained by a course of argument which has nev
er boon satisfiictorily answered in (ho United
States Courts, or elsewhere,
• Chief justice Tnney, In maintaining Iho opln
j fen of- tho Uhltcd States Court, admits that that
Court <* a/toays follows tho decisions of tho State
Courts In the construction of their own Consll
lullon aryl laws;*’ but ho adds that, “where
those decisions aro'lnconfllct, the United States
Court must decide between and ho then
put tho decision on tho ground that tho alleged
coiltrnot was mndo “ undoi; a construcilori fit fa
vor of its validity which .hhd' been uDdldppfod
for nearly Ally years by every deportment of Iho
and supported byyurf/cia/construc
tion.“ JO H0w,.431. If those u;oro Bio facts
of tho case wo'find no uudt.wftU tho Ucefston,
except that tho Stale Court and not (ho federal
Court was tho proper tribunal to pronounce U.
Wo have no sympathies with States'or* Individ
uals who desire to break engagements entered
into with their agents, on tho ground that Iho
tatter have transcended (heir authority, alter tho
principals, by acquiescence and ertiiourogciWpt,
have induced unuuspcctlng’parlics to enter Into
such engagements; and invest their money on
tho faith of them. .Common. Justice requires
ovofy prihc|pal'to disavow tho of an agent
who exceeds his authority tho moment' It ’
known. But. in tho enso now boforo us, there
has been ncllhei* encouragement nor acquits
conco. Tho unauthorized act Is openly and
promptly disavowed ami opposed, fn ih6’ /aodo
pointed out by tho constitution and tho laws/ ;
tho moment that an attempt Is mndo to giro It ;
tho/orm of a Contract. 1
It Is objected that (ho Governor Is not subject I
to this form of our Jurisdiction. It Is farftjom <
our intention to claim the power to control him 1
In any matter resting In Executive discretion.
Bui Iho rule of law scorns to bo that 'fthOo tho
Legislature procopds tp Impose oh nn officer,
duties whl'oh are jnlroly ministerial ho may bo
coerced by mandamus or restrained by Injunc
tion, as" tho' rfghf Of iho •pifttleA interested may
require. In such a cuso, no Individual In tho
land, however high In power, can claim to bo
obovo Hip* law. Tills fojo Js sustained by tho
‘enso of morWry versus Madison, T Crouch, 137,
Griffith versus Cochran, 6 Blnnoy’s Reports, 87,
Commonwealth versus Cochran, (I Bing. 450;
ComvndfawonUh vs. Cochran, J S. & 11. 47D,. It
seems to ui llmt tbo sale of uio properly of tho
Stato at auction la not a part of tho Governor’s
constitutional duly as Chief Magistrate. It Is
very probable (hat tho Legislature havo no pOw
or tolmpose any such Upty upon film,' But, If
ho consents to perform a ministerial act, the
Judicial power (0 administer justice and restrain
against acts contrary to liw cannot thereby bo
ousted or evaded. And If It bo shown that tho
act under which ho claims authority to dispose
of thopubllc property, or toUlvest private rights,
Is unconstitutional and void, ha may, of course,
like any other. Individual, bo restrained
proceeding.. But wo havo too much respect for
tho office to resort to thfs measure unnecessari
ly, and quite too much respect for Iho incum
bent to suppose that any such proceeding will
bo necessary after tho Opinion of tho Court Is'
pronounced. ‘ ’
There Ih no constitutional objection to Iho re
peal of tho tonnage tax, or any other (nx, when
ever tho Legislature', In tho exercise ol their
discretion, shall think proper to pass such a law.
The objection Is to (ho sale of (ho taxing power
In such a way ns to put (ho rosourooa of ino
State out of fho reach ol M«ro legislatures,!
; should fho pdbllcTitfccslJitlcs rc^iVofrlrtfßbVl M,
i them..; ' t.i \ I*. iV i i : .
' .. There is np.JcgolphJcctlon to tho salo of.Jbp
■ Main Lino, ridr.to,liferjgbt of tho Pchhsylydptn
Railroad Company fti-fcocotno a competitor and
purchaser, upoa.cqiml .tempi 'with, every other
person or corporation. * Thowbjcctlon Is to that
part of- tho proviso, id thp.Jtyfrd accffehof-thb
act ot ICtti May, *867; which requires tbfiPonn
i sylvatdaß. HvCo. tO'WdslJst)o,Ooo'th<Mfo lban
; any oilier bidder, and In consideration thereof,
proposes to release tho said Company, and ,plaj>
tho Harrisburg, Mt; r Joy and Lancaster Railroad
Company forever, from the (axes therein stated.
Tho Injunction is lo be awarded merely to pttH
hibit a sale of tho~£ublfc.Worka upon theso
terms. All other parts of tho act aro constitu
tional, puddhfcro la nothing to provent a salo Vo -
. tho Pennsylvania Railroad Company, or .any
other corporation or 'persor* or'persons, under
tho general provisions of tho act.
On»Eß.—ir fa tho coin- •
■ plafnnnts; of cither of them, filing a bpnd In tho
'• penal sum ”ol dU'tfeaind dollars', with suW
dent sureties; to be approved by this Court, or
any Judge thereof,' conditioned to Indemnify
(ho defendants, from.-nil;,damages that may bb
snstained by tho irtfnrictlon granted on thlamp.
tion,-afc injunction bo awarded, cohunanmng
tho pcnnAylvdfjid Railroad Company and its
officers and agents named as defendants lathis
bill to mako'no bid for of parchriso of (ho Main
Lino of .pndor that partpf tbo
proviso In-tbo third section of tho act pflCthof
May, 1857, which requires th'qsfcld.CompVij: Jt?
pay jn addition to (he purchase moody at Which
tha Works iiipj be struck down, Ihosuroofopo
ana. n-liaif millions of dollars, bnd in cohs(dcni
(lon thereof'assumes to discharge forever 4hii
said railroad Company,’ and also theilintlsbtii'g,
Portsmouth, Mt. Joy and Lancaster B. ; R; Co.,
from tho payment {axes jmon.tomisgoand
freight over B'am railroads; aha also to relievo
the said Pennsylvania R: It; Go. from
ment of all' odicr (uses or duties ah Its capital
stock, bonds, .dividends or property, gxcept for
school, cify.Connty, tyopngh or -township;
poses. And also commanding tlio sold ponhf
sylvauia Railroad Company, and its oncers and
agents aforesaid, elrlctly.ta abstain from- accep
ting any assignment qn thp-terms s|atcd in tho
aforesaid |mrt of tlio tmld jproyispi nr
or dollvenng to tho Treasure!* of ,lho §(ato.any
bonds ot tho said company, for nny greater
amount than (be sum at which (ho’Main Lino of
the Public Works may bo a)ruck down
lie salo, oti afair and cqual’competiUouwuhatl
other bidders. •“ ' ’ •'
■i :
NO. S.
And also commanding tho said .Pennsylvania
Railroad-Company, nhd Its officers) nnd- ngontq
aforesaid, strictly to,abstain from acccptlng.ony
transfer of the said Main Lino of lWsaid Pub
lic Works from tho-Secretary of tho Common.)
wealth, under the great scrtl of tho State, found
ed upon, or In consideration q( any {uitbEaeq
upon tho terms herein prohibited. t . And also
commanding Henry S. hingrow, tha Treosurei:
of (ho Stato, strictly to Abstain from-accepting
tho delivery* of (my bonds .expected,l}}’ tho said
Pennsylvania Railroad Company.uponth®.tern}B
herein prohibited, or for any greater amount
than tho sum at which thp said Main Lino of (hp
Public Works mny bo. struck downatafalrpnV)
Ho oalo of tho same, upon equal terms'to all per r
sons and corporations desiring (o
And also commanding 'Andrew>6. Curtin, Sec
retary of tho ConKntmwcallhr-strictly toabataitf
from making any transfer of. tho sa\d Publlq
Works, under (bo great seal of (bo Stale, .upon
tho terms herein prohibited,- orfpr qriy greater
amount than tho snm at which tho amd Works
may bo struck down at a fair public sale ns afore
said. -
This Injunction to remain.ln.forco untilhcari
log, or (ho further order of tills Court. .
Origin op Mints.—ln early ages, com .was
planted in mortars, by band. Solomon atlu'dcq
to that custom, when he says: “Though thou
shouldst bray a fool in & mortar with a pcsilo.
among wheat, yet will not his foolishness de
part from him. ' The hand mills, of Inter tlrpdf
were of very simple construction, and were opi
crated principally, by. women.. In process of
time, shafts were added to these machines, and
they were worked by cattle. Water mills wero
invented about (ho lime of Julius Caesar.but
k they did not coroointo g9rie(-al till A.4>*
. 400. It is supposed that wi.nq;.jh\lls origins*
. .ted in the east and werq introduced IntoEuvond
) by the Crusaders. This, however. is doubted;
- as such mills were in use in Eurppe as early
■ the first Crusade. Feudal lords claimed-tho
1 privilege of creeling nil coni mills and requiring
their vassals to grind at' their mills, called ban*
mills.' The building of such mill* wpS that
very expensive, and nonu but lords and barons
could afford the expense ; hence they claimed alf
tools, from their dependants, by. dtremtk
notation. Atone time (ho monks of Holland
desired to erect a Wind-mill for their own Osn-;
vcnienco ; the lord of (he soil opposed their puff
pose saying that the wind in that’district be
longed to him. # '
The monks appealed to, their bishop’, who’ In
great indignation, claimed spiritual control
the winds, in blfl dibccsc, and granted Tetters
patent to the holy fathers.
introduced in France,’in the grinding of cofn;
about 17G0, the amount 6T flour Obtained frafl
nearly doubled.
Saw irtills arc more recent in, their origin,
thaft corn mills. The earliest raelhbfl known
for procuring planks, was IW, aftl'uihg the
ttunks of trees', with wedges', dtod h'dtfibg th#
sides.with axed; . -
Until the middle of the sixteenth century, all,
(lie plank in Norway wtro manufaclq/cd..
The savP Is' in'fnslrumcnt of very remote anti-*
qityJ The inventor of it like aU olhbrbcne&b/
tors ranked among tho gods. Ovid cclebnl (<*£,>
his praises, in his metamorphoses! He says
the .idea ,\vns suggested’. l>y. M»'4,.Bp| ,
projects from the hack-bone of a fish. Dyoth-'
cro, the discovery is attributed to (lib icndctt
lal use of the jaw-bone of a snake in severing .*•
Tho saw was used in pit saw
ing during jiVosl (\f tht. diirlc ages. ,It was ffrtft
adapted to mills, in Germany,ln 1522. . 6awa
were not introduced Into England until 1707.—'
The first constructed mills were destroyed by,
mobs., Thp invcntion pr.lhe circular saw add
edgreatly (6 the c/ncicncy of riiot^df jV d6a. i
now, qlniost every. varicly-and • fori# 6r timber
used by mechanics is cut into the pfbper shape>
for use, by such saws.— Ohio Faifiier* ■ [
, , wntcrfaV jiV tliO world is irf>
thea.fndrffch. refunds, aptl l |ii staled to be J»J
tween lour and five thousand feet nigh. Tho
stream on which (ho fall occurs, runs
the of one of the highest mountains, 90,
high that the waiter iclunJiy never reaches tbo
bottom. The resistance of the olr* changes it'
into mist before ( it cun reach the bottom, so ,
great is the distance, and it ascends to tho
clouds .TTfia iViust ben eight to see a.
catarat’t literally suepeuded in the air. ,
(CT'Tho philosophy of travellers has bcerf
put to the severest teal by detentions. Olio of
thomost decided caijcspf resignation Is rcpoi'kj
e<l on o train of cant from Boston, as follow's t
• “You don't seem to mind this detention .pad’
nnnoydhCc J”, ~ t , , ‘ '
‘•Speaking id’me, sTrl” said the person ad
dressed, looking up frath'his paper.
“Ycs^lr;’ 1 was the reply*
- “What is the use of minding it; it can’t bo
helper). I ought to ijavo been athomofdfit
Saturday, dnd should litvvd been, but I stopped
to buy a pair of bodls, and I am deuced sorry
now tlihl t didn’t get them a size larger, foil
T-ojnroy will bo a big boy before t got home; it
tills raid.”
A CahKiyal Under Iho reigrt of
I<ouis Pliillippe, (bough all tho Bonaparte ftm*
lly was In cziio/Louls Napoleon contrived to
enter FrancOj spend two. jolly days of the,Car
nival in Bans* and cron pass onq evcnnig «c
llio Ppera ball in company with two ladies or
tho citizen king’d own family. The ponco
were on’tho alert for 4\ro days afterwards, but
ho made ills escape triumphantly. It la said
that to this very day this feat gives more priuo
16 Ldiiia NopdMn than bis coup d'etat 6* tho
kiss ho received from Queen Victoria.
Tiio proprietor pf ft New York Saloon,
advertises in tho Herald: ‘‘Tho best of winch
and liquors, lager beer ou draught, and tho
' prettiest and most attractive young ladies to xqait
\ upon tiisifojs.* Thcro you have it*