®lje American Volunteer.
riTUUttHED EVERY THURSDAY MORNING
BRATTON <Sc KENNEDY,
OFFICE-SOUTH
TiranaTwo Dollars per year if paid atrletlj
in advance; Two Dollars and Fifty Gents if paid
within three months; after which Three Dollars
will be charged. These terms will be rigidly ad
hered to in every Instance. No subscription dis
continued until all arrearages are paid, unless at
ho option of the Editor.
.iiirofeiiEitetkat 4400;
JOHN R. MILLER, Attorney at
Daw. Office in Hannon's Building, opposite
me Court House. Oarliele. J*a.
Nov. li, 1887.
A DAM KELLER, Attorney at
£jl. Daw, Carlisle. Office with W. M. Penrose,
Esq., Rheom’s Hall.
October B,lBo7—Om*
IJNITED STATES CLAIM
AND
REAL ESTATE AGENCYI
WM. B. BUTLER,
ATTORNEY AT LAW,
Office In 2d Story of InholTs Building, No. 3 South
Hanover Street, Carlisle, Cumberland county,
Fenna.
Pensions, Bounties, Bock Pay, do., promptly
collected.
Applications by mall, will receive Immediate
attention.
Particular attention gluen to the soiling or rent*
Ing of Real Estate, In town'or country* In all let
ters of Inquiry, please enclose postage stamp.
i\R. GEORGE 8. BBARIGHT, Den-
J tist. From the Baltimore College o/ Dental
rgery. Office at the residence of Bis mother,
Bast Leather Street, three doom below Bedford,
Carlisle, Forma,
Dec. 1,1685,
JM WEAKLEY, Attorney at Law.
a Office on South Hanover street, in the room
formerly occupied by A. B. Sharpe. Esq.
Tjl E. BELTZHOOVER, Attorney
r , and Counselor at Law, Carlisle, Penna.
Office on South Hanover street, opposite Bentz’s
Store, By special arrangement with the Patent
Offlco, attends to securing Patent Rights.
Dec. 1.1865,
CHAB. E. MAGLAUGHLIN, Attor
ney at Law. Offlco In Building formerly
occupied by Volunteer, a few doors South of Han
non’s HotoL
Deo. 1,1805.
TOHN. C. GRAHAM, Attorney at
pf Law. Office formerly occupied by Judge
Graham. South Hanover street, Carlisle. Ponna.
Doo, 1,1865—1 y.
MC. HERMAN, Attorney at Law.
, Office In Rheem’s Hall Building, In the
roar of the Court House, next door to the "Her
ald” Office. Carlisle. Penna.
Doo. 1,1865.
WT F. SADLER, Attorney at Law,
VY , Carlisle, Penna. Office in Building for
merly occupied by. Volunteer, South Hanover
street.
PocT 1, 1865.
\TT KENNEDY Attorney at Law.
V Y • Carlisle. Penna. Office same as that ox
the "American ■volunteer," South sitje of the Pub
llo Square.
Doo. 1. 1865.
JOHN LEE, Attorney at Law,
North Hanover Street, Carlisle, Pa.,
* eb. 15,1866—ly.
TAMES A. DUNBAR, Attorney at
#J Law, Carlisle,. Penna. Office a few doors
west of. Hannon's Hotel.
Doo. 3.1865.
ER. J. R. BIXLER offers bis profes
slonol services to the citizens of Carlisle and
ally. •
Office on Main street, opposite the Jail, lathe
room lately occupied by L. Todd, Esq.
April U.lgOT—ly
30t8©O(rtJB.
1867. BPRINGI 1867.
BARGAINS
Now opening In
DOMESTIC GOODS,
DBBSS POODS,
‘CAfISIMERES, SATTINETTS AND JEANS,
WHITE G OODS t
J)RESB TRIMMINGS.
ZEPHYRS,
RIBBONS AND NOTIONS
"'-RING'S. NEW STORE,
NO. 55 WEST MA IN STRE.ET,
(Opposite the Mansion House,
Next door to tUe Post Office, Qturlislo.
1807.
J^OTI.CEI
A NEW ATTRACTION
AT-
BEN T Z’S STORE.
We have now received a now and great sup*
p3y 4>f
homemade go.ods,
consisting of
jeans;
WHITE and
'COLORED FLANNELSr
also, YARNS. «feo., do
These we consider a great acquisition &> oar*
immense stock of Goods.
Z,AJ>IJ3S\ CLOAKINO&
in endless variety, each as
WHITNEY BEAVERS.
In different -colors,
CHINCHILLAS, do.
Oar carpet department has again been replen
ished with cheap and every description ot desi
rable
CAKPETINGB & OIL CLOTHS
if In variety of design.
Nov. 7,1867. JVo. 27 S. Hanover SU
m.
HOOP SKIRTS,
WILLIAM T. HOPKINS.
“OUR OWN MAKE.”
. After more than five years experience and ex
perimentlng.ln the manulaoture of STRICTLY
FIRST-QUALITY, HOOF SKIRTS, we offer oar
Jastly celebrated goods to merchants and the
public in confidence of their superiority over all
others tn the American market, and they are so
acknowledged by all who wear or deal in them,
*s they give more satisfaction than any other
skirt, and recommend themselves in every
speot. Dealers in Hood Skirts should make a
note of this feet. EVERY LADY WHO HAS
NOT GIVEN THEM X TRIAL SHOULD DO SO
WITHOUT FURTHER DELAY.
Oar assortment embraces every etyle, length
and tlxe fbrLadtes. Miaae* and Children. Auo.
Skirts' MADE TO ORDER, altered and repaired.
Ask for 44 Hopkins’ Own Make,” and ho not de
ceived. See that the letter M H” is woven on the
tapes between each hoop, and that they are
stamped ” W. TV HOPKINS,MANUFACTURER,
«28 ABOH STREET,. PHILADELPHIA,” op on
eaohtapa No others are genuine.
Also, oonstantly on hand a full line of good
New York and Easter p Khpde Skirts, at very low
prices.
WHOLESALE AND RETAIL,
at the PHILADELPHIA HOOP SKIBT Mann.
fcotoyand No. 028 ABCH HTBEET,
A “WILLIAM T. HOPKINS.
April 18, 1807-10 m. .
Jltug gjtote
DRUGS! DRUGS!—Dr. D. Common
having to relinquish an extensive practice,
-.as well as his Drug business In the city of Pitta
burg, several years ago, on account of 111 health,
has now opened at No. & N. Hanover street, be
. tween the office’s of Drs. Kieffer and Zltzer, a
DRUG STORE, where be has and la receiving ev
*ery few days a pare stock of Drugs, Chemicals,
Dye etoflfc and everything generally kept In a
•well-regulated City Drug Store. Prescriptions
carefully, compounded and family receipts will
receive special care. The Dr. can be consulted at
any hour; at his office, back of bis store, or at his
dwelling. No. 112 N. Hanover street/after store
hours. Remember the place, No. 88 N. Hanover
Street, Carlisle.
„ - • . DR. D. OOBNMAN.
Sept. 12, IBffT—ly
T?VERY VABXF.TY of Cooking Uten-
JL-i bUs, Tin, Sheet-iron and Japanned ward, for
RtNESJora a Rupp, Ho. 88 JVcrtA Hanover
Street, Carliile.
Oflt* 81« lM7*—tf
SQVIBE.
BY BRATTON & KENNEDY.
grtobes, SEtotoare, &c.
RANTED! WASTE D
EVEBY B O D Y
Messrs. WALKER & CLAUDY,
AT QORGAB’ OLD STAND,
CHURCH A.DLEY,
XU REAR OF RHEEM'S HALL,
TO SEE THE LARGEST STOCK OV
STOVES AND TINWARE
EVER OFFERED IN GAMBLE,
Am th© season Is approaching for house-keepers
and others to look for a GOOD STOVE, wo would
bog leave to call their attention to our stock of
COOKING STOVES^
among which may ho found tho following now In
tho market:
REGULATOR,
QUAKER CITY,
NOBLE COOK,
SUSQUEHANNA,
NIAGARA,
COMBINATION and
EXCELSIOR PENN.
oil of which are warranted to bo tho best
ROASTERS AND BAKERS
With all the MODERN IMPROVEMENTS.
We would coll especial attention to the REGU
LATOR COOK, which possesses advantages
which should recommend It to all. It has a ItE
VOLVINQTOP, by which arrangement the cook
can reverse the cooking utensils to any position
desired without the NECESSARY LIFTING. It
Is decidedly the host cook stove in the market.
Messrs. Walker A Claudy have also on hand a
large stock of
OFFICE, PARLOR
DINING ROOM STOVES
BURIfINQ 011 may fouuti the celebrated BASE
MORNING GLORY!!!
MORNING GLORY.
WALKER A CLAUDY,
VOK CABIiISBB
MORNING GLORY.
THE MOST BEAUTIFUL OFFICE AND PABLOS STOVE
EVER OFFERED TO THE PUBLIC.
Too much cannot be said In. pralso of the
MORNING GLORY, which so far has tqkDn the
lead of all ptber stoves in the market. It Is a gas
consnmer, barns its own cinder, and requires
very little attention after tho fire Is made, it be
ing so arranged that it will
PEED ITS OWN COAL!
For proof of what we have stated we would re
fer all to the following gentlemen of Carlisle and
vicinity, who have had the MORNING GLORY
In use last winter, and will cheerfully testify to
its merits;
JOHN CAMPBELL, GEO. WEIBE,
DAVID RHOADS. W. B. MULLIN, Esq.,
H. L. BURKHOLDER, JOHN DUKBA&,
J. M. WEAKLEY, ESQ.. JACOB RIXNER, Ac.
We would respectfully ask those who wish to
Eurohose a No. I stove to call at once and oxam
le
THE MORNING GLORY!
We also havo on hand tho
MORNING GLORY HEATEBJ
WHICH CANNOT PAID TO QIVE
ENTIRE SATISFACTION!
FISHER’S FRUIT CANS
constantly kept on band and for sale.
Our stock of TINWARE is eoraplote in all Its
branches and will bo sold at reasonable prices.
TIN ROOFING AND SPOUTING
AND GENERAL JOBBING,
promptly attended to and done In tho most
workmanlike manner.
OSr Do not forget to give us AN EARLY CALL!
August 1, IRffT—sm
JAMES M'GONIGAL.
KANU7AOTUESE AND D HALEB IN
STOVES TIN AND SHEET-IRON WARE,
South Hanover fit, Adjoining Blair <fc don't Qr,oc*v>
CARLISLE, PA
The subscriber thankful for past favors, re
spectfully Informs his friends and the public,
that he has now on hand a largo supply of the
latest and best Improved
COOK and
849&0# STOVES,
HEATERS and RANGES.
In the Stove Department we desire to call par
ticular attention to the following, comprising as
they do, the. very best Cook and Parlor Stoves
now in use:
NIMROD,
QUAKER CITY,
EXCELSIOR, PENJT*
NOBLE COOK,
NIAGARA, , •
SUSQUEHANNA and IRONSIDES.
To speak at length of the different Stoves would
oooupy too much space, but we deem it necessa
ry to call the attention of the public to the
EMPIRE GAS BURNER.
This truly wonderful Parlor and Office Stovo
Is so constructed that the cheapest quality of
opal (Llmeburnor's), can be used with success.—
It burns continuously and -the- fire’ is easily kin
dled. It .1» capable of heating, one jroom below
and two rooms' above. There Is no dust and no
escape of gas, and dn actual saving of coal, which
in two or. three seasons will pay for the stove.
The Empire has many valuable qualities which
can only be fully appreciated by seeing It In op
eration. We claim that It is far superior to any
other Stove now in use, and we feel satisfied that
wo can convince all who* will favor us with an
examination of the Btovo at cur shop of this part.
- We have on hand a fUU assortment of
TINWA RE .
Repairing promptly attended to. Roofing done
at the shortest notice. Bpouting will be put up
on reasonable terms and with despatch.
t Please give as a call at No. 83, South Hanover
Street, aiming S» M .GomoAX.
Bept, 19,1807—8 m
■pfcAlN and FANCY FEINTING of
XT BVkBT BBSCBJPTZOa IHOIW eXBCUUd gt the
vounmntp oto«.
®lw Aiumran Mniitwt
TO CALL ON
AND
SOLD BY
Solo Agent*
WALKER & CLAUDY,
Qorgcu ’ Old Stand.
UNION PACIFIC RAILWAY, E. I>.
IIERMOSILLA, c. T., August J, 1807.
Judge Bradford, Mr. Fosdlck, Colonel
Boone and Mr. Haven came from Pueblo
to Port Lyon ns a committee to welcome
Gen. Wright’s expedition to the Territo
ry, and offer him any aid they could in
advancing his great undertaking. Prom
them I learned that the Arkansas was
“well settled to Canon City.” ' But a
Western man’s idea of “ well settled” is
very different from that of a Lancaster
county farmer. The two closest neigh
bors I saw on the Arkansas were four
miles apart, and the greatest distance’l
traveled without meeting a ranch was
from Doan’s Ferry to Branaman’s, a dis
tance of nearly thirty miles. Wo travel
ed on the south side of the river, having
crossed on the rickety ferry at Doan’s.—
No doubt there are more settlements on
the opposite bank.
A CHARACTER.
One of the most peculiar, and we think
a characteristic man of this region, we en
countered near Branaman’s. In compa
ny with Lieut. Hanay and Capt, Stuart
I rode to the bottom, where we saw a
stove-pipe sticking above a pile of badly
arranged logs that had taken, ns if by
chance, a shanty shape. On checking
our horses before the opening to tills cu
rious structure, we saw sitting, on the
doorsteps a man about forty years of age,
with long, light-colored hair and reddish
beard that had a sort of Joh n-Brown-look
about it.- His eyes were gray and rather
soft, while his mouth was working with
a motion supposed to be peculiar to per
sons who are eating hot mush; in truth,
the fellow was taxing his energies to re
tain and masticate an enormous quid of
tobacco, which seemed to bo a great pro
ducer of saffron-colored saliva. . He was
bareheaded and barefooted, and on our
approach he stood up to his full six feet.
Ho looked as ho stretched himselfas If ho
could draw himself out to twice that
length, like a sliding telescope, but ho :
was too lazy to do so. He had on a shirt
and a pair of ragged pants, and no doubt
ho felt those articles of dress to bo very
cumbersome, wearing them merely to
show his respect for society. ,
“How do you do, sir,’’one of our party
asked; “have you got any milk?”
“Nary drop; I’m getting on bully,”
came the reply.
“G6t any water in the house?”
“No sir, but I kin git some. Phil,
Phil I”
After ho had called “Phil” several
times, we heard a noise in the cabin, and
in a few minutes a huge, dirty, over
grown boy of nineteen made his appear
ance, rubbing his eyes and yawning—(it
was 2o’clock, P. M.)
“ Phil, git some water for these fellers.”
Phil started for the water, and the
rancheman turned to Stuart, and giving
his waistband a sallor-liko hitch, asked:
“ Whar moutyeh agot that critter, and
how much did yeh guv for ’em ?”
Stuart told him the place and price.
“Now, see heah, stranger, yeh’ve bin
fooled the dogondeat! That strata critter
ain’t worth no sich money. I’ll giyeyeh
a boss worth four of him for. jis half that
money, and Pll take that tbar wild brute
in part payment. Yeh ace I haint bin
long in this country, but I know& bosses.
My wife kin break a critter'as well as I
kin—-but I wouldn’t let Moll ride that
boss no how.”
Stuart assured him ho was satistled
with his horse, and would run all risks.
“ Wall, if yer bound on a’dlatroylng of
yourself, why go in—but I kin say I
warned yob.”
I saw him eyeing ray horse, so I asked
him “ what he thought of him
“Wall, stranger,” he replied, “yeb’ve
got a good critter ; a very fine critter. I
remember as well’s yesterday when Bara
Pearaon stole that ar boss from a Caman
che chief. Let mo see. (Here he scratch
ed his head.) Yes, It’s nigh onto twenty
two year ago. He was a bully buffalo
animile then.”
I could not help laughing at hia story.
He noticed it and wentinto a lengthy ge
nealogy of the “critter,” ending with a
full description of tho man I purchased
the horse of. My companions laughed,
and the rgnohemau continued:
“Now, mister, I’vegota ponyyoung
enough to be that nr’ aniraile’s grander
ter. Yeh kin have her for that hoaa an’
a Remington pistol.”
I did not feel like trading. After get
ting a drink we mounted our horses to
start, when the ranchman shouted out:
“ Whar did yeh come from?” Oneof the
party answered, “ From the East.”
“Dogoued if X didn’t reckon so—seein’
how yeii got on yer critters.”
We noticed, as wo rode off, that this
man was cutting a raca (ditch) to Irrigate
some bottom land. Ho will get tho thing
started ; then leave in disgust for a point
further west, when energy and capital
will come in to complete and elevate the
work begun by the pioueor.
MEXICANO.
We met a number of ox trains going to
Lyon from the Hurafano' with corn.—
These teams are driven by Mexicans of a
still darker complexion than any we had
yet seen. They look wonderingly at ua
and ask “ Adonde va usted ?” Those who
understand the Spanish reply “ Voy a la
California.” On hearing which the Mexi
caus get together and express by word
and gesture their surprise. They part
from us with a “Quede ustedes con JDios.”
It is no doubt out of place here to men
tion my feelings, and that of the majority
of Americans I have met in the far west,
towards the Mexicans. A people who
could actus they have done towards the
misled but admirably nobio and brave
Maximilian must bo lacking in the quali
ties that make a people great. And the
“ freedom” of Mexico, culminating in an
act so barbarous, will but lit the people
tor a heavier yoke, and sharpen with a
keener edge' the next swords drawn
against them.
TOPOGRAPHY.
As we ascend the Arkansas, the face of
thecouutry becomes more rollingand bold.
Ravines cut down from the plateaus
on either side, making a continued series
of buttes that project into the bottom
lands. The land bordering, on the. river
grows richer, and spreads out into exten
sive Helds of dark rich loam, that only
need industry to be very productive. Back
six miles from the river the land is poor,
desert-like, being covered with broken
shale and occasional drift boulders, uuder
iaid with sandstone. There is no obstacle,
so far, to the construction of a railroad.—
Indeed, from Fort Lyon to the Huar
fano the . ascent is gradual, with no
heavy cuts, and through the finest por
tion flf Ctojprfldo,
THE FLORA ALONG THE ARKANSAS.
Prom the clay we struck the Arkansas,
forty-two miles below Fort Lyon, up to
the present time, when our line is seventy
miles above the fort, there has been no
change in the timber of the bottom lands.
Cottonwood, and only cottonwood, meets
the eye. There is, however, a decided
change in the general flora. Near the
Opishpa, an inconsiderable stream, with
steep, clayey banks, we first met the curi
ous tree, likecactus( Opimrta.46omcenBe).
It is a perennial, of a woody texture, and
when dried is quite bard and filled with
perforations. The flower, pow fading, is
Blood red, and when a cactus of this va
riety is in full bloom it looks like a largo
"burning bush.” The elevated lands,
no matter how arid-looking, still support
large quantities of the prickly pear(Opun
tia Missourlcniß), which form a shelter for
the rattle-snakes that abound near them.
Artemisia is found in largo quantities in
the bottoms, and presents a serious ob
stacle to the chain men. It is called by
Lewis and Clarke ‘‘wild sago n name
borrowed irmn the early voyageura. In
reality it is a species of wormwood.
During Fremont’s explorations many
mistakes were made Id the florq of this
region. One was that they had discover
ed a new genus—a sallno plant, which
they called Fremoniia, after the officer In
charge, It was, however, described long
before by a German who explored the
Missouri river, and whose name I have
forgotten. He called it the aarcobatla. —
Wild verbena is met occasionally; same
CARLISLE, PA... THURSDAY, NOVEMBER 21. 1867,
variety exists In such quantities, near
Fort Hays. The lemon plantis plentiful'
In the bottoms,and In tho even Inga emits
a delightful, borgaraot-liko odor. Tho
zerinia has a yellowish blossom, and it Is
a very beautiful, odorless flower. Tho
quantity of sun-flowers that exist here is
wonderful, and very tiresome to look at.
Between the Opishpa and Hcrmoallla, on
the Huarfano, a distance of twenty-flvo
miles, the country is covered with sun
flowers. I have seeSn five thousand acres
of this flower at one view. Tho grasses of
this region ore good—though not ns rich
as the buffalo, prarla, or blue grass. Tho
gramma grass of the Mexicans makes
good grazing, but is not as plentiful as
the inferior herd grass that grows in tulle'
wherever it can get hold of the soil. In
the ravines a wild cereal grows abundant
ly, of which onr animals seems very fond.
The plainsmen call if “ wildcats." This
is certainly a mistake, for tho plant is in
reality a wild indigenous wheat. Wild
hops are plentiful In the bottoms, as are
the wild fox-grape. Both the latter could
bo cultivated here to great advantage.—
To mo tho most wonderful plant of this
section is tho bush convolmdm, or morn
ing-glory. It is now in full bloom, and
wherever seen it reminds one of civiliza
tion, The root is bulbous, and of. great
size. I measured one six feet one inch in
length and thirty inches in ciroumferonoe
at the thickest part. It weighed seventy
three pounds.
FARMING.
At Mr. Branaman’s I saw a field of one
thousand acres,. the greater part under
corn. Though so close to the mountains,
tho farmers have to Irrigate, and they are
paid for it in crops of from thirty to fifty
bushels of shelled corn to the acre, which
sells at an average of three cents per
pound on the farm. Wheat of a line
quality is grown along the Upper Arkan
sas and Huarfano. Unfortunately tho
grasshoppers have injured itseverely this
year. Mexican beans and Irish potatoes
are cultivated, but like" most of tho early
settlors, tlie farmers pay but little atten
tion to the cultivation of vegetables. The
cattle of this region are of a much flnor
breed than the long-horned Texas stock,
and they sell for more here by thirty per
cent, than cattle brought from tho Gulf.
For tho last sixty miles of our route we
were never out of sight of sleek herds of
cattle. The ranches have an abundance
of fine milk and butter. The tendency
of tlie settlers is to stock raising, than
which I know of no labor moro profita
ble.
THE FARMER.
We are now out of tho buffalo range,
still the iittlo prairie dog that barked us
a welcome in Central Kansas Is to be met
with. I have seen their little villages on
elevated ridges, where it would seem im
possible for a drop of moisture to bo
found, and sitting on the hillocks tho
dull sentinel owls. These birds live with
the prairie dogs. But when a rattlesnake
makes the village a visit, he Is an unwel
come guest. The popular belief is that
the bird, reptile, and animal live to
gether harmoniously. I have searched
in vain for rattlesnakes in tho dog towns,
and am inclined to believe the story a
mistake.
la the dense growth of artemisia , ear
cobalts, and eoap-weed {yucca) long-eared
rabbits, resembling the English hare,
abound, and make very fin© sport where
there is a chance to give them a run with
dogs. The cayote and gray wolf are
plentiful, and large herds of antelope are
to be seen every day. The antelope is
timid, and very swift; no horse can run
them down in this rough country, so that
they aro only, killed by still-shooting, or
“ flagging.” A man dismounts, and
waves a flag of some bright color; the
animals curiosity is excited, and it gal
lops in circles, coming nearer each time,
and often stopping to look at-the flag;
when the hunter judges it near enough,
he fires, and generally with effect. Ori
oles, curlews, plover, and snipe are found
near the river, and large flocks of black
birds are to be met with on every hand.
I have not seen a prairie chicken on the
whole route. Occasionally wild aquatic
fowl can bo seen in the river, but they
are timid, and I take it would prefer a
quieter stream than the Arkansas,
THE RAILROAD.
I have conversed with men coming
from the mountain region, and well.able
to give an opinion on the country from
which they come. Every man J have
tpoken with has assured me that it will be
impossible to run a line through the
snow range. They say that Qen. Wright
is on the proper road,.and the only one
that can be successfully located. Mr.
Miller's expedition will, however, solve
the difficulty of the mountain passes, and
throw much lighten the topography of
that region. Major Calhoun’s trip to the'
headwaters of the Colorado may be use-,
ful in the same way. , An 6.
[Pram the JSlk Pun (Vo.) Oatette.
A, ncmarkablo Frof.
On this subject Mr. Yager, living near
Mitchell’s Station, in Culpepper county,
relates some very curious facts about a
remarkable frog. 14 Concerning this frog”
says ho, “ it has lived many years with
us and is a great favorite, and the great
est curiosity is its becoming so remarka
bly tame. It had frequented our door
steps before our hall door some years be
fore my acquaintance commenced with
it. My father had admired it for years
on account of Its size and' color, and ho
visited it every evening, when It would
come forth at nfs summons and by con
stant feeding, brought It to bo so tame it
would come to the candle' and look up as
If expecting to be taken -up and brought
to the table and fbd on Insects of all sorts.
On presenting living insects it Axes its
eyes intentiy and remains motionless for
awhile as if preparing fora strike, which
Is an instantaneous throwing of its tongue
to a great distance,- upon which the Insect.
sticks fast to the tip by glutenous matter.
I can’t say how long my father had been
acquainted with it; from my earliest re
collection he 'spoke of it os “ Old Tota,”
“ the old frog,” I have known it for a
great number of years. I can answer for
fty-seven years. It makes its appear-'
ance (always a welcome visitor) with
Warm weather and remains with us till
fall, appearing morning and evening to
our great amusement, having been train- /
ed to do many things, such as leaping,,
turning somersaults, 'holding alternately
by its feet and bands to a small rope,
swinging and whirling after the manner
of a slack-rope performer, marchiugereot,
on its hind legs, and at toe word of com
mand going through the manual exer
cise. It seems perfectly good uatured,
and never shows temper. liqt is (Jreqdful
ly afraid of a oat, on whose approach it
will often leap four feet from on. the floor,
with the utmost precision, plump into
the mouth of a large stone water pitcher,
and thus secure a safe retreat. Yet ho is
in no wise alarmed or disturbed by the.
presence of dogs, of which wo have many
about the promises. They seem to regard
him as one of the household and a "priv
ileged character.” The Hon. Judge Tay
lor, who will attest tho above statement
made by Mr. Yager, in speaking of the
age of th Is frog, remarked: “It ia.cer tai n
ly one hundred years old, and though be
iW flqye been hero before the Indians
left the country, he may be oven now but
in his Infancy.
A Scotchman's View'-op Adam.—,
There must have been some curiousspec
iraens of Scottish humor brought out at
the examlnationsor catechlslnga by min
ister of the flock before the administra
tion of the communion. Thu?, with ref
erence to human nature before the full, a
man asked, “What kind of man was
Adam?*' “On juat like ithor folk.” The
minister insisted on having & more spec
ial description of the first man, and press
ed for more explanation, “Weel," said
the catechumen, “ho was just like Joe
Simpson, the horse-oouper.” “ How so ?”.
asked the minister. “ Weel, ncobddy got
onything by him, and mony. lost.”
BSF* Josh Billings says: The best cure
I kno of for tlte boots, fs small foot.
I ’ '
IWlkaL
THE BEWITCHED TERRIER.
hr ORPHEUS C. KERR.
Sam Johnson wa3 a culled mam
Who lived down by the sea;
Ro owned a rat lan terrier
That stood ’bout one foot three;
And tho way that creature chewed up rats
Was gorgUs for to see.
Ouo day tho dog was slumberin'
Behind tho kitchen stove,
When suddenly a wicked flea—
A ugly little cove—
Commenced upon his faithful back
With many Jumps to rove.
Then up arose that terrier,
With frenay lu his eye,
And waitin' only long enough
To make a touohln' cry.
Commenced to twist hisself around
Most wonderfully spry.
But all In vain, his shape was such—
So awful short and fat—
That though ho doubled up hisself,
And strained hisself at that,
His mouth was half an inch away
From where the varmint sat.
Tho dorg sat up an awful howl,
And twisted like an eol,
Emitting criSs of misery
At every nip he’d feel,
And tumblin’ down and Jumpin’ up,
And turnin’ like a wheel;
But still that most owdnclous floa
Kept up a constant chaw, ■»;
Just whore he couldn’t bo scratched out
By any reach of paw,
And always half an Inch beyond
Ills victim’s snappln’Jaw.
Bam Johnson heard the noise, and cam©
To save his aulmllo;
But when ho seen tho crltlor spin—
A barkin’ all tho while, .
He dreaded hldoriforbla -
And then began to rile. •
’* Tho pup is mad enough," says lie,
And lugglu’ In hts axe,
Ho gave the rechid terrier
A pair of awful cracks,
That stretched him out upon the floor
As dead as carpet tacks.
MORAL,
Take warnin’ by this terrier,
Now turned to sassldgo moat;
And when misfortune's flea shall come
Upon your back to eat.
Beware, or you may die’, because -
You can’t make both ondsmeet.
3: Winnow,
WIVES OUT OF TOWN-nVSnANDS AT
none.
“ I would like to know,” said the
youngest married lady, with the least bit
of a toss of the head, “ what would be
come of my husband if It were not for
me? I went to the country for a week,
husband taking meals at a hotel du
ring my absence. When I returned I
hardly recognized my own home. The
parlor was swarming with flies, and my
nice carpet, white ground, with loveloy
bouquets of roses, you know, was abso
lutely ruined. Stumps of segars, chess
men and cake orumbs were scattered
around. All the spittoons were filthy to
a degree, and somebody had been there
who did not know their use, I sadly dis
covered. In the bay window were a lot
of broken bottles and a cork screw.-
" What is the meaning of this ?” I asked
Charley, who sat composedly reading the
morning papers.
“ Oh! didn’t I tell you, I had the olub
to meet here while you were gone?—
Thought it would save you a bother, and
we had some of your blackberry wine.”
Note.—People don’t knock the necks
off bottled home-made wine. I found
out afterward that Charley had been to
the cellar plundering around, and in
tasting my currant wine (made this sum
mer,) he had left the spigot turned so
that Instead of racking off it all leaked
out.
Now, I had come from my short visit
doubly armed with tenderness for my
husband, of my home, and it would not
do for me to show any impatience the
first thing, so .1 proceeded to my room,
and there was confusion worse confound
ed. My beautiful lace curtains that I
had done up myself, pinning down ev
ery point, wore twisted as tight as a rope,
and tied in a hard knot. Every drawer
and press was opened wide, and all of
Charley’s clothes wore lying around
loose. What puzzled mo the moat was
to see my cedar chest turned upside
down, and my Saratoga trunk stretched
open, with trays piled outside, like a
toppled oobhouse. I went to the bureau
to untie my bonnet, and there was tho
boot-jack, lemon-squeezer and punch
bowl, a pair of pants were thrown over
the looking-glass, and a bottle of hair oil
broken; the oil had soaked into the mar*
ble top and run down the side of tho
bureau upon the carpet, and upon a
queer-shaped article that seemed to bo a
stocking, but looked os plump almost as
if it had “ something in it.” My curi
osity was excited, and, after satisfying
myself that it was not allye, 1 picked it
up, and what do you thing it was but
one of my wedding atooklugs. I put my
band in and drew out, one by one,stock
ing tops of different lengths, British
hose, lamb’s wool and clock, a dozen,
and all marked in sister’s delicate.hand,
with maiden name—“ Lucy Sprlggons.”
This was too much, and I called for Char
ley to como up.
“What’s, the matter, dear?” ho an
swered In his honey-moon voice, taking
three steps at a time until he reached the
landing where I stood, the footless stock
ing in my hand.
“ What does this mean ?” X asked in as
steady-a voice as I. could, for I had a
weakness about those stockings, and I
had put them away la flno paper, think
ing to keep them as long ns wo lived, and
I felt my faco burning.
“ Why, pan’tyou tell?” said Charley,
and bo laughed uneasily, and, as I only
looked at him, be varied the question,—
“Don’t know?”
“ How should I ?” I replied.
’‘You astonish mo! well, you know
our private theatricals (I had uever taken
part In them, and was only invited to be
long to them because they wanted Char
ley. who was so handsome and handy ;)
T didn’t expect to tqke part in fast
performance, but the Borneo was sick,
and I couldn’t well refuse. Now, you
know,” he insisted,
“Nothing,” I answered.
“Well, of course, os Romeo, I had to
wear tights, and you do know that I am
thin, and X knew that you wouldn’t like
to hoar me called slim legs, and so I went
to BUey about it, and ho was so kind as
to come over, and we hunted up your
old (!) stockings, and together wo made
up the handsomest set of calves! You’d
better bellevo it. They would have been
a fortune to any one on the stage. Frank
said so.”
“ But I cannot understand how the
trunks, and presses should be open,” I
continued.
“Oh! there were other things needed,
and on looking them up, X found an pld
joaey that fitted me to a T, and wore your
cloak, and used some dirty lace that I
came across among your scraps. They
are nil tied up in the piano cover some
where, I wish you’d been hero to have
helped me out, but the girls said I looked
splendid. By the way, dear, I havn’t a
shift to my backr What’s become of
your quilt? Have no Idea, unless the
boys' took It whoa they had a show in
tbewood-uhed. Little brother asked me
if you would care if he would take the
cheats, and I told him of course not, and
perhaps they were not enough. It was
too funny. Tom wouldn’t let the Jones’
boys Into the show, and they stoned the
wood-shed with sticks and stones, and
made such an. uproar that the police in-
terfered and broke It ud. I didn’t know
when I’v laughed so. You wouja bnve
, enjoyed Jt.”
! I was not sure of it, but I said nothing.
' By this time I had taken oft my travel
ing suit, and was looking around in vain
for my new wrapper. “ Where is my
wrapper?” I said to myself moro than to
Charley, but he took it up. “I gave
away one of your old dresses, while you
were gone, to a very deserving person
that came before our society for aid.”
I rather pride myself upon my hus
band taking, a prominent part In the
Young Men’s Christian Association, but
this Is a little too much, and I fancy
Charley thought so too,, for ho started off*
suddenly, saying, “I must goto busi
ness now. I shan’t bo home to dinner,
pet, and I hope you will lie do\vu and
take a good rest.
It was my very best print that ho had
given away, but I hadn’t the conscience
to scold about it; for, to tell you a secret
that I never told him, when we were
first married a china and gloss vinder
came along, and I traded off Charley’s
finest suit for a broken cologne bottle,
an inkstand and two vases of Bohemian
glass. Sunday he couldn’t find his
clothes, and he believes to this day that
they were stolen. He has often wonder
ed why the thief took nothing else. But
I must tell you about that bundle he re
ferred to —that was the finishing stroke.
In it was my peplum basque, with the
sleeves diamond slashed, and gilt paper
nil around it, and drops of glue all over
it, and my sweet illusion waist was in
side, \vhat there was left of it.
There, too, was my sot of heavy curls
brushed out maniac style, and covered
with powder and carmine; my point
lace torn to shreds; my velvet cloak in
a wad, and the inflated fellow to my
wedding stockings! And my husband
a church member and a Christian Asso
ciation man. Tt was more than I could
bear. I could have cried, but that would
do no good. As for taking Charley to
task, he was the best husband in the
world, and if be had been the’worst there
was no language that would do justice to
the occasion, so I did the best I could
under, the circumstances' I set about
putting things to rights. - The first steps
neccessary seemed to bo clearing away
the rubbish, and I began tossing the dir
ty clothes in aheap,and positively before
I got through it was as high as my head.
I couldn’t see over it.
All my sheets, towels, and pillow
cases, ten shirts, (no wonder Charley
wanted some new ones,) and other
things too numerous to mention. It
would take me too long to tell you all
the mischief that was done—the raids on
the pantries, pickles and preserves. I
should about as soon have had the house
on fire,
Benefits op Matrimony. —Corry O’-
Lnnns of the Brooklyn Eagle, argues the
advantages of married life over “ board-
ing” institutions from ihb following
standpoint:
Single blessedness is not good .for a
married raan of mature years.
He gets along very well for a little
while until bis first fortnight’s washing
is brought homo, when he begins to re
alize the value of matrimony by the ab
sence of shirt buttons.
Man can never beanindependentorea
turo until the necessity for buttons can
be dispensed with.
In a boarding-house a man baa consid
erable conceit taken out of him.
His interest in the establishment is
limited—authority he has none.
His landlady agrees to fodder him two
or three times a day, and stable him at
night somewhere on the third fioor.
Hc can’t complain of the coffee, or
growl if the potatoes are undone.
If bo doesn’t like it ho can leave it. —
There are other boarding houses, and h©
has a choice of evils.
In the evening he has all the world be
fore him.
Ho has perfect liberty of choice be
tween his bedroom and the street.
There Js a parlor to b© sure; but the
young lady who has steady company is
already there.
You go in and the damsel looks dag
gers.
Her young man looks as though he
would like to punch your head.
If you are possessed of a sensitive and
sympathetic nature you can’t resist this
muto, hut eloquent appeal.
Especially whoa it comes home to you,
as it does to mo, and there was a time
when you were similarly situated.
How would you have liked it your
self?
There la no alternative hut to suddenly
remember that you “ have an appoint
ment," seize your hat and rush out into
the street.
A Darkey Jury.—A friend of ours
vouches for the truth of tho following:
At a recent session of one of tho courts
In South Carolina, an entire colored Jury
was empanelled. A case was brought be
fore them—the witnesses examined, and
the attorneys made their respective ar
guments. The Judge, after laying down
the law, and recapitulating tho testimo
ny. gave the papers into the hands of the
Foreman—an intelligent looking darkey
—with instructions that, as soon as they
found a verdict, to bring it in without
delay.
Thirty minutes or more elapsed, when
th© Jury returned, headed by the Fore
man, and stood before the Judge.
As the Foreman appeared to hesitate,
and io wear a disappointed look, the
Judge asked—
Mr. Foreman, have you found a ver
dict?
“No, Massa Judge, we habon’t found
’em,” replied tho ebony juryman.
“It’s a very plain (jase,” said the
Jxitfge.
“ Can’t help it, maasa, couldn’t
“ On what grounds?”
“ We didn’t look into degrounds, Mas
sa Judge,” replied the Foreman ; “ deos
slfer didn't take us out into do grounds,
but he took us into a room, and locked us
in, nud tole us when wo found de verdict,
he wud leff us out. So we began to find
de verdick, and we sarched ebery nook,
corner, crebie, and ebery ting dar was in
dat room, but wo fouu no verdick—no,
massa Judge, dar was no verdick—nollin
ob de kind dar.”
Franklin Asking for Work.—
When a youth, Fraukiiu went to Lon
don-, entered a printing office, aud en
quired if he could not get employment.
“Where are you from?” asked the
foreman.
“ America,” was the reply,
•* All,” said the foreman, “ from Amer
ica! A lad from America seeking em
ployment as a printer? Well, do you re
ally understand the art of printing? Can
you really set type?”
Franklin stepped up to one of the cases,
and in a very brief space of lime set up
tho following passage from the first chap
ter of John:
“Nathaniel said unto him, can any
good thing come out of Nazareth ? Phil
ip suith unto him, come and see.”
It was done so quickly, so accurately,
and contained a delicate reproof so ap
propriate aud powerful, that It at onoo
gave him character and standing with
nil the office.
Too Much Proof. —Few army officers
have had more or better stories told of
them .than General A; J. Smith—or, as he
was called among his men: “Guerrilla
Smith.” On one occasion ho was sought
out by asccesh farmerof Mississippi, who
made grevioua complaint of depredations
the “ Feds” had committed on his hen
roost. Tlte General listened gravely to
the .ve'.iai find asked :
“ How do you know It was my hoys
who stole your chickens?-”
“ In course I knows it was them. Afore
you and your fellars came here I'd a hun
dred of the prettiest fowl you’d find in
old Mississippi, and now there ain’t
mor’u a dozen left,”
“A dozen left!—that settles itl You
must look somewhere else for your
rogues; if my boys had been the thieves
they would have made a clean sweep!"
VOL. 54.—N0. 23
WHITE PEOPLE VS. NEGROES.
Wliata Republican Nnnrcnic Judge
Think** oi* Negro Equality !
The Rlfflit of Nc{jroc« to Mix With llio
Superior Unco In Itnllrond Cnru.
I‘rior to the I'nwNinffC of the
I.nw by Onr llndlcnl
rcßiKlatnrc In , 4 1
March C*ns(. ' 1
Important Supreme Court Decision.
Opinion «f JodeA Asitrir, Rml„ Huntntucil b":
Clilef Justice noodirord, Jndffo Tliotnp
■on nud A)trons«*JniiUcc Rcc<l nlone
dlncntlni;.
On Monday, the 4th inst., in the Su
«premo Court, now in session in this city,
'a most important decision was rendered,
relating to negroes forcing themselves in
the company of white people in railroad
-curs, prior to the passage of the Act of
Assembly of March last, granting them
that privilege. The case in which the
•question originated was thatofa negro wo
man, who had taken a seat in one of the
cars of the Philadelphia and Westchester
Pailway set apart for white people, and
upon the conductor requesting her to take
a position elsewhere, allotted to negroes,
she refused, remarking she had a right to
sit where she pleased, whereupon she was
removed ami soon after brought suit for
damages, alleged to have been sustained
by being compelled to occupy a different
seaL She obtained a verdict in the lower
court, but the defendants appealed, and
the case was fully argued before the Su
: premo Court in Philadelphia, which an
nounced its decision on Monday, revers
ing the judgment of the court below, and
ordering a new trial. A similar case,
bro’t subsequent to .the act of March last,
would, in all probability, bo decided dif- j
ferently, ns the Radical Legislature then
gave negroes the right.(?)--but the opin
ion given below shows what a Radical
Judge thinks present law. The
opinion of the Court.\yas delivered by
Judge Agnew, which was sustained by
Chief Justice Woodward, Judges Thomp
son and Strong. Justice Reed alone dis
senting: iiulbw we give the opinion of
the Court in full;
Philadelphia and iVcsf. Chester Jiailroad Ot. t t\i. Jl/tujy
J 3. Miles. Eastern District, Error to Common Picas
of Philadelphia Co.
Agnew J. It is admitted that no one
can bo excluded from carriages by a pub
lic carrier on account of color, religions bo
'lef, policlcal relations, or prejudice. But
he defendants asked thoCourttosay that
the. Jury Relieved that the sent whie!
the plaintiff was directed to take, was in
all respects a comfortable, safe and con
venient scat, not inferior In any of these
respects to the one she was directed to
leave, she could not recover. The case,
therefore, involves no assertion of,the in
feriority of the negro to the .white passen
ger ; but conceding his right to be carried
precisely on the same footing with a
white man, it appears to bo hot unreason
able to assign places in the cars to passen
gers of each color. The simple question
Is, whether a public currier may, in the'
exercise of his private right of property,
and in due performance of his public duty,
separate passengers by any other well de
fined characteristic than that of sex. The
ladies’car is known upon every well regu
lated railroad, implies uo equal cost of
right on the part of the excluded sex, and
its propriety is doubted by none.
This question must be decided upon rea
sonable grounds. If there be no clear
and reasonable difference to base it upon,
separation cannot bo justified by mere
prejudice. Nor is merit a test. The ne
gro may bo proud of his service in the
held as a defender of his country, liut it
was not thought indefensible to separate
'even white soldiers from other passengers.
There is a clear and well founded differ-
once between the civil and military char
acter, and the separation of soldiers from
citizens implied no want of inequality, but
a sound regulation of the right of transit.
The right of the carrier to seperate hia
passengers Is founded upon two grounds—
his rightof seperate property in the moans
of conveyance and in the public interest.
The private means he uses belong wholly
to himself, and implies the right of con
trol for the protection of his own interest,
as well as the performance of his public
duty. Ho mijy use his property, there
fore, in a reasonable manner. It is not
an unreasonable regulation to seat passen
gers so as to preserve order and decorum,
and to prevent contacts and collisions, ar
ising from natural orwell known custom
ary repugnances, which are likely to
breed disturbances by a promiscuous sit
ting. This is a proper uso’oftiie right of
private property, because it tends to pro
tect the interest of the carrier, ns well as
the interests of those he carries. If the
ground of regulation be reasonable, courts
of justice cannot interfere with his right
of property. The right of the passenger
is only that of being carried safely, and
with a due regard to his personal comfort
and convenience, which are promoted by
I a sound and well regulated separation of
\ passengers. An analogy and an illustra
tion are found in the case of nn inn-keep
i er, who, if he have room, is bound to en
tertain proper guests; and so a carrier is
bound to receive passengers. But aguest
in an inn cannot select his room or his bed
at pleasure ; nor can a voyager take pos
session of a cabin or berth at will, or re
fuse to obey the reasonable orders of the
captain of the vessel. But on the other
hand, who would maintain- that it is a
reasonable regulation, either of an inn or
a vessel, to compel the passengers, black
or white, to room or bod together V If a
right of private property confers no right
of control, who should decide a contest
between passengers for seats or bertha?
Courts of justice might interfere to com
pel those who perform a business con
cerning tbe public, by the use of private
means, to fulfill their duty to the public ;
but not a whit beyond.
The public also has an interest in the
proper regulation of public conveyance,
for the preservation of the public peace.
A railroad company has the right and is
bound to make reasonable regulations to
preserve order in theh ears. It Is the duty
of the conductor to repress tumults ns far I
ns ho reasonably cau. nnd he may on ex
traordinary occasions, stop his train and
eject the unruly ami tumultuous. But
h ‘
.e has not the authority of a peace olHccr
,o arrest and detain oflenders. He Can
not interfere in the quarrels of others at
\vllS merely. In order to preserve ami
enforce his authority as thesorvantof the
company, it must have a power to estab
lish proper regulations for the carriage of
passengers. It is much ertaier to prevent
diiTlcultics among passengers by regula
tions for their proper separation than it
is to quell them. The danger to the
peace engendered by the feeling of aver
sion between Individuals of the dillerent
races,.cannot he denied. It is the fact
which the company must deal. If a ne
gro takes his seat beside a white man, or
his wife, or daughter, the law cannot re
press the anger or conquer the aversion
which some will feel. However unwise
may bo to engender the feeling, human
infirmity ia not always proof against it.
It is much wiser to avert the consequence
..of this repulsion of race by separation,
than to punish afterward the breach of
peace it may have caused. These views
are sustained by high authority. Judge
Story, in bis Law Bailments, stating the
duty of passengers “ to submit to such
reasonable regulations as the proprietors
may adopt far the convenience and com
fort of passengers as woll'as for their own
proper interests,” says, “ the importance
of the roetrlnc is feit more strikingly in
eases of steamboats and rail road cars.” S.
a \ m*o also, S. 470 «. Angel on Claims,
"iJS : 1 American Railway Cases, 803,-
Tho right to separate being clear in
proper cases, and it being tiie subject of
sound regulation, the question remaining
to bo considered is, whether there is sucu
a difference between the white and black
races within this State, resulting from na
ture, law and custom, as makes it a rea
sonable ground of separation. The ques
tion is one of difference, not of superiori
ty or inferiority, Why the Creator made
Bates for
advektjhembnto will be inserted At Ton bnu
per line for. the arst Insertion, and flvo cents
per line for each subsequent Insertion. Quar
terly, half-yearly, and yearly advertisements in
serted at a liberal redaction on the above rates.
Advertisements should be accompanied by the
Cash. # When sent without any length of time
specified for publication, they will be continued
until ordered out and charged accordingly.
JOB PRINTING.
Cards, llandbixis, Circulars, and every *th
cr description or Jon and
tod in the neatest stylo, at low prices.
one black and the other white, we know
crajiiSaU'j, o /^. l . ski*;
following the peculiar law of its constitu
tion. Conceding equality, with natures
as perfect and rights as sacred, yet God
has made them dissimilar, with those
natural instincts and feelings whltoh Ho
always imparts to His creatures when Ho
intends that they shall nob overstep the
natural bouudaries He has assigned to
them. The natural law which forbids
their intermarriage, and that of social
amalgamation which leads to a corruption
of races, is os clearly Divine ns that which
imparted to them different natures. —
The tendency of intimate social inter
course is to amalgamation contrary to the
lawofraces. The separation of the white
and black races upon the surface of the
globe is a fact equally apparent. Why
this is so, it is not necessary to speculate,
but the fact of a distribution of men by
race and color is as visible in the provi
dential arrangement of the earth os that
of heat and cold. The natural separation
of the races is therefore an undeniable fact,
and all social organizations which lead to
their amalgamation are repugnant to the
law of nature. From social amalgama
tion it is but a step to illicit intercourse,
and but another to intermarriage. But
to assert separateness is not to declare in
feriority in either—it is not to declare one
a slave ana the other a freeman ; that
would be to draw the illogical sequence
of inferiority from difference only. It is
simply to say that following the order of
Divine Providence, human authority
ought not to compel these widely sepanv
ted races to intermix. The right of such
to bo fre.o from social contact Is as clear
as to be free from intermarriage. The
former may bo less repulsive as a condi
tion, but not less entitled to protection ns
a right. When, therefore, we declare a
right to maintain separate relations, ns
far as reasonably practicable, but iq q
spirit of kindness and charity, and with
due regard to equality of rights, it Is not
prejudice, nor caste, nor injustice of any
kind, but simply to suffer men to follow
the law of races, established by the Crea
tor himself, and not to compel them to
intermix contrary to their interests.
Nor can we disregard the laws and cus
toms of the State. Indeed, these must be
our guide, leaving it .to the Legislature
to correct the errors of the law, or its de
parture from that justice which should
ever be its foundation. It is unnecessary
to recur to the original /condition of ne
groes ns slaves in Pennsylvania, bj* V)
trace the legislation of the provinces dis
tinguishing them from frecnien. Nor
need we, for the purpose of defining the
status of the negro, refer to that great law
of emancipation in 1780, whose preamble,
the moat beautiful ami expressive
prefixed to a human statute, only pra
fessed to extend to the black race a •' por
tion” of our own freedom, Wc have a
later and an authoritative guide, the sol
emn decision of this Court, in 1837, in the
case of Hobbs vs. Fogg„6 Watts, 553.
Tiie opinion comes from the pen of the
lute 0. J. Gibson, and bears the imprint
of his remarkable intellect. It is there
shown from the laws, constitutions and
customs of the State, .and from a former
decision of the High Court of Errors and
Appeals, that the status of the negro nev
er 101 l vVithin the term “ freemen" in the
several constitutions; and that the eman
cipation act of 1780 did not elevate him to
the citizenship of the State, And in 1838
the people of this Common wealth, by an
express amendment of their Constitution,
drew tiie lino distinctly between the
white citizens and black inhabitants of
tho State. It is clear, therefore, that un
der the constitution and laws, the white
and black races stand lu a separate rela
tion to each other. We flntf the same
difference in the institutions and customs
of the State. Never has there been an
Intermixture of the two races, socially,
religiously, civilly, or politically. By
uninterrupted usage the blacks live apart,
visit and entertain among themselves,
occupy .separate places of public worship
and amusement, and fill no civil or po
litical stations, not even sitting to decide
their own causes. In fact, there fg not
an institution of the State In which they
have mingled indiscriminately with the
whites. Even the common school law
provides for separate schools when their
numbers are adequate. In the military
service, also, they were not intermixed
with the white soldiers, but were separa
ted into companies and regiments of col
or, and this not by way of disparagement,
but from motives of wisdom and pnr
dence, to'avoid the* antagonisms of vari
ant and umnixible races. Law and cus
tom having sanctioned a separation of ra
ces, it is not theprovinceor thojudlciary
to legislate it away, VVe cannot say there
was no difference In fact, when tuo law
and the voice of the people said there
was. The laws of the state are found in
its constitution, statutes, institutions and
general customs. It is to these sources
Judges must resort to discover them. If
they abandon these guides, they pro
nounce their own opinions, not the laws
of those whoso officers they are. Follow
ing these guides, wo arc compelled to de
clare that at the time of the alleged inju
ry there was that natural, legal and cus
tomary difference between the white and
black races in this State which made
their separation as passengers in a public
conveyance the subject of sound regula
tion, to secure order, promote comfort,
preserve the peace, and maintain the
rights both of carriers and passengers.—
The defendants wore therefore entitled to
an affirmative answer to the potpt recited
at the beginning of this opinion.
It only remains to add that this cause
arose before the passage of the act of 22d
March, 188 T, declaring It an offense for
railroad companies to.make any distinc
tion between. passengers on account of
race or color, and our decision pronounces
the law only as it stood when the case
arose, leaving the act tooperate upon such
cases as shall fall within its provisions.—
Indeed, the act itself is an indication of
the legislative understanding of how the
law stood before.
. Judgment reversed and venire facia*
dc noro awarded.
Col. Dan. Rice.— Col, Dan. Rice, the
great showman delivered hia farewell ad
dress, at the last exhibition of his circus,
at Pittsburg, recently. In the course of
his remarks Col. Rice said that he'hull
been in the ring for twenty-five years,
“had made more money than any six of
the richest circus men In the world, not
by trickery, or fraud, or gew-gaws, or
six-penny plays,” but u honestly by la
boring in a circle of (brty-two feet in di
ameter—the ring.” lie also gave a
statement of the manner In which he ex
pended his money, In the course of which
he said that “ since 18411 have devoted
to chat liable and patriotic societies, and
given away to assist in succoring, the
poor, wounded, sick and oppressed, over
a million and a half of dollars, and 1 have
the documents to prove lt. M Previous to
the delivery of the address, the printers
of Pittsburg, through Mr. Jas. Onslow,
presented Col. Rice with a beautifully
bound copy of Shakespeare’s Works.
CST 1 A gentleman of the name of Man,
residing near a private mad-house; met
one of its poor Inhabitants, who bad bro
ken from his keeper. The maniac sud
denly, stopped, and resting upon a large
stick, exclaimed, “ Who are you, sir?”—
The gentleman was rather alarmed, but
thinking to divert hla attention by a pun,
replied, “ I atu a double man; lam Man
by name and man by nature.” 14 Are
you so?” rejoined tho other; “why, I
am a man bbsidf. myself, bo wo two will
fight you two.” He then knocked down
poor Mr. Man, and ran away.
BQF*Tho “century plant”-—putting
greenbacks ixi the now brand of tobacco.
SOT- It is not bo much trouble to get
rich as it is to tell when we aro rich.
Js2T*New Axiom —A thorn in the hush
Is worth two in the hand.