,4.f'j' ' ,s .-. lit it;---, i tTTi!T"T"Trr7T!rMTT?"""?"M"?" . 1 . i
i .... - ------ i - . i rr , r '-." 7 '"""' r.'JT'
PRINCIPLES, not MEN.
o i 1
TERMS $1 25 per Annum, if paid in advance
VOL..XXXIU WHOLE NO. 1673.
CLEARFIELD, VA. WEDNESDAY OCT. 2, 1861.
NEW SERIES VOL. II. NO 11.
" nON. SAMUEL LINN'S
Charge to the Grand Jury.
.? 1 ' 1
SEPTEMBER TERM, 1801.
G,NTLiMtf or the Grand Jirv:
. Ve enter upon I ho discharge of our offi
cial duties to-day under very solemn and
impressive circumstances. Since the lust
term of thi Court, events have occurred
in the history of our national government
of the mostserious and startling character.
I nerd not refer to these events in detail
iitlicyforra i conspicuous part of the hu
lorrnfthe rebellion against which this
nation i now struggling, with which v
ry intelligent citizen is presumed to be
bmilliar. We have fallen upon strange
timer, and are experiencing a state of na-
lion J trial which would teem not
to have been apprehended by the fathers
and fotindert of this confederacy. In that
admiral le constitution, by which the u
won and compact or those States were
formed, and under which they have, un
til recenlh, remained linked together by
i strong and peaceful bond of union, there
ar no provii-ions which contemplate ei
ther an amicable separation or an attempt
on the part of any one or mote of the
Stiles to forcibly withdraw from the U
mon,and,conequently,those public func
tionaries whose duty it is to provide for
the public safety and protection have
been occasionally embarrassed by eonsti-
tutional restrictions, apparent or real, or a
. . .r....,;i..i .... i. ...... waa! i
ram ui fiuismunuuui uumiM iijt i i.v. tujjiii4uiice oi any aci oi treason, or una
fully ntd promptly the exigencies of the prision of truajon growing out of this re
tires. Hellion inasmuch as the par levied by the
When we consider the magnitude of
th rebellion, the years which have been .
occupied in diligent and systematic prep-
iration for this attempt to. overthrow the
Mvernnient the number and character,
of the individuals ooncerned in it the , of which are grave misdemeanors. and rcny
object and purposes w hich, as we have ( like treason, or misprision of treason, be
rrtKn to believe, have long been secreMy offences against State or federal authority
meditated and are now openly and defi-( as the rase muy bo. 1 have heretofore
antly avowed the acts which they have negjeoted to explain to you that the term
already done in furtherance of their plans, ' "misprision" is of French derivation, and
and the further outrages and atrocities , means in legal parlance contempt or ng
irliich they would seem to have in imme-. lect. Thus, misprision of treason, con
diate contemplation, we cannot but con-'sisti in the neglect togiva information of
ikter it the most alarming event that has the commission of an act of treason and is
ver occurred in our history. There is what is termed a negative misprision,
enough in this to fill the stoutest heart. The positive misprisions which concern
silh dismay and terror. our present inquiry and of which we shall
When our country is i the midst, of now proceed to speak, arc such n involve
(uch perils, every citizen has duties wliieh nn attempt to weaken the strong arm of
Ho from the allegiance that he owes to civil power, or a contempt of lawful au
the government and which as a loyal free- thnrlty. Thus, for example, lo dissuade
man be is bound to perform, the sum
of these duties is that he shall do all that
in umi lies to am in proiecungana ueien-
ding (lie existence and the honor of the
iiatinn This is a demand to which a pat-
riot is always ready to yield a cheerful
obedience. Next to his Maker he ae
knowledges that Ills country has tbe high-
eit claims upon him.
e, us a constituent branch of the State
government, have duties devolving on us,
hich rclnte lo the present condition nf
puulic atlairs dutfes which we eitouid
ntlorm, promptly, faithfully and with-
out fear, favor or affection, but we should
it the aome time give to them a
le and impnrtiul consideration.
temper
Of these
I'hall cotue presently to speuk.
Ism compelled, though wiih deep re
gret, to believe that there is not at the
I'tanent lima amongst the- inhabitants of
llie loyal Slates, nr. entire, unanimous and
hearty co-iteration with the nntional gov-
triliiicnt in the attempt now making lo
mip'e.n Hip rebellion : nay, more, I am
ru. I , l.i ! .. r. .l ii... 1 1. .... . .. ... ... i
-kiiifi in ii'i ijii-u tutu iiirm M iiiuii(;h
not only person w ho secretly sympa-
Ihire with the rebellion, but those also
no boldly and publicly avow sentiments rebellion. The Government of l'eniisyl
hioh mo in opposition to the authority var.iain r?jonso to this demand has is
of the j:overnn:ent. Such persons, whilst sued a proclamation calling upon all able
ney metit tliecontempl of the people ol
'oi', and every other civilised nation on
r.h, nnd are bringing disgrace upon
themselves and their posterity, should
MvsTtheless receive the punishment
hich the law assigns to them.
This lends us to consider and define the
offences which may be committed direct
It icaiiist tlm government. Although
""ne of thoite belong lo the exclusive ju ol the authority vested in it ami tliere
'Wivtion of the federal courts, it may not ' fore a high misdemeanor. For il the do-
out of place tonotico them here in or
d that you an J the noonle of the county '
bo happen to be present may be made
wunaorstand something ol the nature ries respecting tno supremacy oi uio gov
d extent of the obligations which th ?y ' ernment, and allegiance ana sovereignty
as citizens. The present generation are but beautiful ligments of the irnngina
f Americans know but little experiinen- , tion. Such toleration could spring from
1 of a state of war, and it therefore
Mould not surprise vb that their attention
hu never lieen particularlydirected to the
""lies which at such a time are incident
10 'te relation that exists between a gov
tment and its citizens or subjects. I
"U therefore lei to lake a charitable
' of the conduct of those who may
v seemed to forget or depart from
heir allegiance, and to attribute most, if
ot all, such cases of delinquency, not so
ich lo a disposition openly to violate
'M Ian nr nnnnu Ilia It nnwn HlltllOI'il V ol
lJe government, as to entiro ignorance of
law's demands and ol the nature and
ta'pioflhe rebellion. I am lead to
ao than auspect thai artful and wicked
va muking it their business to do
c,,, the neonle hv leadina them into the
Jneoui belief that the war is waped for
'"upremacy of a party, irstead of being
j -biiiw iiurviy ur nio iiiu ui niu iiairvu.
'"ttlial kind of loyalty, is not very
Nieworthy or reliable which is not the
'NUneous outgoing of a patriotio heart,
needs the unvielding lash of penal
j'tion to keep it In shrpe. Still it is
Jw then open rebellion.
Th offences wlaich directly affect or are
.noua to the government ar e Treason,
' miaprijions or ontnipt of iti author-
"'.""upreraacv.
"l the law nf Rnclnnrl tlir wre VA-
"Iw the perpetrator guilty of teeiCon,
but by our National Constitution it is di
rected that treason against the United
States shall consist only in levying war
against theoi, or in adhering to their en
emies, giving them aid and comfort. That
the inhabitants of those States of this U
nion which have, assumed to 'withdraw
therefrom, and form a now and indepen
dent government, have levied war upon
the United Slates within the meaning of
the constitution will not admit of a doubt.
Giving aid and comfort to such person,
by sueh overt acts as giving them intelli
gence, sending them provisionB,furnishing
moil mm i,uj,jur5, urarrai, or the like,
would be treason, nnd would remW ihn
offender liable to punishment of death.
Misprision of Treason is the conceal
ment of treason, by being ruerelv passive,
for any assistance given to the traitor
makes the party a principal, as there are
no accessories in treason, this mispris
ion is of a negative character, but as hat
already been stated, there are other mis
prisions affecting the government of a pos
itive nature, which we shull notice hereaf
ter. Treason may be commitod against either
the govei rmient of a State, or of the Unis
ted States. When the offence is against
the sovereign authority of a single State,
it falls within the jurisdiction of the Court
of the State wherein it was committed,
but where, ns in the present instance, war
is waged against the federal government,
the federal ooart have exclusive jurisdic
tion. This Court can not. therefore, lake
.. .. : . r - .
Confederate, State, as thev are called, is
against the federal government, and not
against the State of I'ennxylvania.
Hut as has already been intimated, there
are misprision of a nositivo nature, some
a Witness Ironi giving evidence, or from
obeying the process of subpoena, to per.
suade or assist a prisoner in custody to
escape; to refuse obedience to the call of
a police officer for assistance to quell a ri-
ot or apprehend an offender or endeavor
to persuade others to disobey such call.
are all misdemeanors of this sort, based
upon the principle Mint it is unlawful to
oiler resistance to lawfully constituted nu- .
thority. It is safe to assert as a genoral
principle, that any wilful attempt to re-.'
gist the authority of the government, or
to prevent or hinder the success of its !
plans ordesigns in the prosecutions of a
war ollensive or defensive, or to induce or
pursuude othtr todo the like, is unlaw
ful and punishtble as a high misdemean- ,
or. Now, apply this general principle lo
the present condition of our national nf-,
fair. A st-ite of wnr actually exists. The,
President of tho United Stales by virtue
of the power reposed in, him, has issued
his proclamation culling upon the (Jover. j
nors of the several Slates to furnish their ,
ijijifiHui irmijis iui iiiu ui 'iui,tiijn ui tt,
military force sullloient to protect the
govern met. t and suppress a formidable!
..r r. ..
bodied citizens wi In.i t lie Commonwealth
subject to military uuty, to lorm tiK-nisel-ves
into military corn panics and regiments
to be culled and mustered into the public
service. Now it must be perfectly appa
rent to the most ordinary understanding
tli it any attempt to present the carrying
out of this design would be a gross insult
to the government and a daring contempt
signs i.nd plans of the government can
with impunity be thwarted and rendered
abortive, then all our high sounding theo-
no principle other than would ussettthat
the citizen is only hound oy his allegiance
to the governmeni so long as its measures
may bo in accordance with his own views,
and is obliged to obey only such lawj as
meet his entire approval. .,
Suppose a liot (o occur in one of our
streets. It is the duty of the officers of
the law to suppress it, and the duty of
all good citizens to aid and assist, for with
out such regulation the public peace could
not be maintained, and we would con
stantly be in the ntidst of disgraceful
scenes of tumult and disorder. ow,
suppose that on such an occasion some
individual would take it upon himself to
address the assembled multitude, de
nouncing the riot act and the administra
tion under which il was passed, and as
sailing and condemning the political
views of the oflicers who are endeavoring
to preserve the peace and advising and
persuading the bystanders to withhold
any assistance for these or any similar rea
sons. How should a court and jury deal
with such an offender t The question
ueed only be ask oil. And is not that man
a thousand times mori culpable who, by
words or actions, persuasions or threats,
would attempt to prevent or diisuade our
cit izens from responding to the call of the
chief magistrate f the nation for aid to
pirt down rebellion lb at aims at the to
tal subversion and overthrow of the gov
ernment?' ;
There is great misapprehension abroad
on this subject. Many persons errono- J
ously suppose, that so long as individuals
will refrain from an overt act of treason,
they may speak and act as. they please
againsl the government, with perfect ini- '
nunir.v. It ia tima il,.r cs rlnnnMn..B '
l j - " j .a.uvwvta uuilgl.WUB
misapprehension should be corrected,
and in our remarks on this occasicn we
are doing what we cun to accomplish that
purpose. There are other offences besides
treason and misprison of treason, which
effect the government a.id its claims to
allegiance, as Iim already been explained
The late Judge Ka::e, in his charge deliv
ered in the District Court of the United
States a few years ago. in ret'errina to the
caso of United States r. Hun way, a case
which produced no little excitement, uses
the following language:
"There has been, I fear, nn erroneous
impression on this subject among a por
tion of our people. 1 1" it. has been thought
safe to counsel and instigate others to acts
of forcible oppugnation to the provision of
a statute to intlamo the minds of the ig
norant by nppfa! to passion and denun
ciations of the law as oppressive, unjust,
revolting to the consc:ence and not bind
ing on the uct ions of men to represent
the constitution of llio land as a compact
of iniquity, which it were meritorious to
violate or subvert, the mistake has been a
previous one ; and tlfey who have fallon
into it may rejoice if pcradvi-nture lne;r
appearand their counsels have been hith
erto without etl'ect. lie whose conscience,
or whose theories of political or individu
al right f rbid him to support and main
tain it in its lulles integrity, may relievo
himself from the duties of citizenship by
divesting hi nscll of his rights ; but while
ho rum tins within our borders, ho is to
remember that successfully to institute
treason w to com mil it."
The views that wo lniwe just expressed,
do nol, in our opinion, conflict in the
least, 'vjth tne freedom of speech or of
the press. 15y the Constitution of the U
nited States, Congress is forbidden to
make any law nbridging the freedom of
speech or of the press, ainl the constitu
tion of this State provides that the print
ing presses shall bo free to every person
who undertakes to examine the proceed
ings of the legislature or any branch of
the go ernment ; nnd no law shal ever be
made to restrain the right thereof. The
free communication of thought and opin
ion is one of the invaluable rights of man;
nnd every citizen may fully tpcak, write
and print any subject, being responsible
for the abuse of that libeity. What are
we to understand horn the words, tfroo
doin of speech r of tiie press" as used in
the Constitution f Tho framers of that
iirstrument evidently tecognized it a? a
well defined, pro existing right, for they
declare they shall not bo abridged. Cer
tainly men of luatning and experience,
would not in so important a paper, forbid
the a' ridgment of a right which was with
out any certain measure or extent ; for it
would involve one of the most chei isho I
rights of the citizen in a maze of confusion
and ohscxliity. At the time of the adop
tion of the Constitution, in 1787, when
tho freedom of the press was spoken of,
the people understood exactly what it
meant its boundaries were wei! marked,
and have continued s to this day. Jus
tice Kluckstone in his commentaries, vol.
4 p. 1-3G, snys, "Where blasphemou , im
mnrul, treasonable, vchisiuatical, seditious
or scandalous libels are punished, the liber
tgofthe press, properly understood, is by
no menus infringed or violated. The lib
erty of the press is indeed essential to a
free State j but this consists in laying no
prexitm restraints upon publications, nnd
not in freedom from censure for criminal
matter when published. Evory freeman
has nu undoubted right to lay what senti
ments he pleases baaoro tho public; to
forbid this is to destroy the freedom of
the press ; but if lie public whalis im
proper, mischievous or illegal, ho must
take the ponscquences of his own temeri
ty. To subject tho press to the restrictive
power of a license, as was formerly done,
is to su bject ull freedom of sentiment to
the prejudice of one man and make him
the arbitrary nnd infallible judgo of all
controverted points In learning, religion
and go. ernment. But to punish any dan
gerous or offensive writings, which, when
published, shall, on a fair and impartial
trial 1 e adjudged of a pernicious tendency,
is necessary fur the preservation of peace
and good order, of governmenyand relig
ion, the only solid foundations of civil
liberty. Thus the will of individuals is
still left free ; the abuse only of that free
will Is tho object of lognl punishment.
Neither is any restraint hereby laid upon
freed.)tii of thought or inquiry ; liberty ofi
priva'e sentiment is still left ; the dissem-'
mating or making public of bad senti-j
moots, destrustive to the ends of society I
is the crime which so iety corrects. A:
man may bo allowed to keep poisons in
his closet, but not publicly to vend them
as cordials, and tho only plausible arguJ
mont heretofore used for the restraining
the just freedom of the prefs, that il wus
necessary to prevent the daily aluxt. of it, will
entirely lose its force, ween it is shown I
(by a seasonable execution of the laws)
that the pre.s cannot be abused lo any
bad purpose, without incurring a suitable
punishment; whereas it never can be us
ed to nny good one, when under tne con-'
trol of an inspector. So true will it be
found that to censure the licantious, is to
maintain the liberty of the press."
Judge Addison, in bis charge delivered
lo the grand juries of the Oih judicial
District of Pennsylvania, iu makes
use of llie following language : ' Freedom
cf the press consists in this, that aqy man ,
mry, without the consent of any ether.j
print any book or writing whalever, being
in this, as in all other freedom of action, '
liable to punishment, if we injure an in
dividual or the public. Such is the liber-
ty of the press, which the people of the(
Uuiteil States of America, for iU greater,
security, hve made part of their fuuda- j
montal law." In their State Constitutions,
they provide that their legislature should
not make any law restraining the liberty
of the press, that is, should lay no previous
restraints on the liberty of th-s press; or,
as the Pennsylvania Constitution express
es it. 1 hat' 'every citizen tuny fieely
speak, write or print on any subject being
re.ipoimble.fnr tin (ibuseof thai liberty.' The
ar ma principle .'.was' afterwards adopt
ed in the Federal Constitution, and the
section estnl lisping it there is to be con
strued in he same manner. So that the
liberty of the prjr-s is precisely ns stated
by Justice lilaekstone, ft being freo from
all previous restraint, as all other rights
or liberties are, subject to cot rection for
its abuse."
Oil this subject I shull refer to but one
mere authority, which may serve to mark
out tho distinction between those pubficn
lions rtsnecting tho government, which
are aurhorized by law and sneli ns are un !
authorized and unlrwful. The case of the ;
Commonwealth v. Dent.ie, lepnrted in
4th Yeates, '207, was an indictment for li-1
be I tried in the Supreme Court. f I'enn-1
sylvnnin in 1S05. I quote hem so much,
of the opinion of thu Court in that case m ,
is applicable .- j
"The legislative acts, or llie nets of any i
branch of the government, are open to iho
public di.-cussion, and every citizen may j
freely speik, write or print on any siibjert,
but is amenable for the abuse of tlr.'.t priv
ilege. No alteration is made in llie law
as to private men utl'ected by injurious pub-,
licatrtuis, unle-s the discussion be proper
for public information. It is no infraction of
law to publish temperaie investigations of
tho nature nr.d forms of government. The ,
enlightened advocates of representative re -
publican governments pride themselves in
the reflection, that the more deeply their
system is examined, the more fully will ,
the judgment of honest men be satisfied
that it is the most conducive to the safety
and happiness of a free people. Hut there 1
is nn rked and evident distinction between '
such publications nnd those which nro
plainly accompanied with a criminal intent,
deliberately designed to loosen the social
bonds of Union, totally to unhinge the
minds of the citizens, nnd to produce pop.. '
ular discontent with the exercise of power
by the constituted authorities. Such wri
tings are subversive ol ull order and gov
ernment. The liberty of tho pres.! consist
in publishing the (ruth from yowl motives
and justifiable ends, though it reflect on (
governments and magistrates. CrossietU's
Trial, pp. GJ, 64. Such publications add ,
to tho .common stock of freedom, while
the lirter ifisTtlicttisly infects Hie public
mind with a subtle poison, and produce!
tho ino-t mischievous and alarming con
sequences, by their tendency to anarchy,1
sedition and civil war. Su'h conduct is
punishable by the Constitution. It may
be dillicult to draw the line of denmrka- .
tion in every i:. stance, but the jury are to
judge br themselves on the plain import
of every -ord without any lorceu or strain-1
cd construction of tlio meaning of thcau-i
thor or editor, and determine on tlic cor
rectness of the inuendoes. To every word
Ihey will assign its sense, and collect the
truo intention from the context."
It is evident from theso quotations,
which are from highly resp c aide author-'
iiy, ind should bo accepted as a sound in-1
lerprctation nf the law, that the govern-
incut, by holding its citizens criminally
lesponsible fur every wilful design to in
Icrl'eie with its authoiity or its plans, in
no respect infringes e.pon any personal
right. Much excitement prevails in many 1
p.rrts of tho country becuuso of the appa
rent sympathy manifested by certain
newspapers and public journal with the
rebels, and in some places p.unling presses
and tho contents of printing offices have
been destroyed by a lesortto violence and
mob rule. This is rjiuch to bo deplored
on 'iccount of tho encouragement it alfords
to that spirit of riot and insubordination
which is exceedingly dangerous in its ten- j
deucies and rever can be justified by any
pretence whatever. Such proceedings do
serve llie cotidemna'ion of nil good citi-'
zens. and we trust there may bo no repe- j
tilion of them in future. It is sir.cereiy
to bo hoped that lho?e who have control
of the public press will conduct n so pru-(
dently as not to excite angry feelings at a
timowhen ths public mind is extremely
sensitive to every apparent expression of(
disloyalty or indignity louie govcniuii-iiw-nnd
moreover, tint if there should teat y
abusa of the liberty of the press, resort
will be had to legal authority, and not to
the power of an "excited mob. There is
no iinnssitv fur ii resort to violence; the
governmen t has ample power to correct j
Such evil, and in such times as these has (
never scrupled to exert it when occasion i
required. Tho right of self preservation
by all the means within reach in tunes ol
imminent peril.belongs to the government
ns fully as to an indif iduul.aiul itis.i great
mistake lo suppose tnai in uiimvi
government may not remove every obstu
ciewhich tends lo embarrass or hinder the
success of its milita;y defences, or to weak
en its power, moral or physical. Neglect
or hesitation on the part or those who ad
minister the governments resort to such
measures whenever exigencies arise thut
in thoir opinion renuiro it, would exposo
them to the just indignation of their con
stituents, and would prove them to be un
worthy of their high trut. During tho
revolution, an act was passed in this Slate,
on the llih February, 1770, tho4th section
whereof is in these words :
"If any person or persons within Ibis
State shall attempt to convey intelligence
to the iintfniea ol this State or tho United
States of America, or by publicly or Mibcrak
ly speaking or writing ayainsi our public defence,
or shall trwlicipusly and advinedly endeav
or lo excite tho people to resist the gov
ernment of this Commonwealth, or per
suade them to return to dependence upon
the crown of Great Britain, or shall mali
ciously and advisedly terrify or discourage
the people from enlisting in theeerviceof
the Commonwealth, or shall stir up, excite
or raise tumults, disorders or insurrections
in the State, or dispose them to favor the
enemy, or oppose and endaavor to prevent
the measures carrying on in support of the
freedom and independence of the Enid
United States ; every 6iich person being
thereof legally convicted by the evidence
of two or more credible witnesses, in any
Court of General Quarter Sessions, shall be
adjudged guilty of misprision of treason,
and shall sutler imprisonment during the
present war, a nd forfeit to the Common
wealth one half of his or her lauds and ten
ements, goods and chattels." ,
This act having been passed for a tempo
rary purpose, expired by its own limitation
at the end of the war.
We notice that several of the newspa
pers published in New York nnd else
where, which have tendered themselves
obnoxious to the prople because of their
alleged secession proclivities, have been
brought (o the notice of. proper courts,
and we may therefore expect before long,
we shull be favored with nu opinion on this
subject from the Circuit Court of tho Uni
ted Slates. And the newspaper report
that the press, type ami fixtures of H
printing ollicc in Philadelphia, which wuc
alleged to be advocating the right of se
cession, was seized by the il irshal a day
or two ago. This Ions s a though the gov
ernment had determined to trifle no lon
ger with those who disregard its rights or
bid defiance to its authority. We should
rejoice nt every indication of vigor and
strength in our government proceeding
from a proper uni prudent exercise of its
power in the suppression of tho rebellion
and of any thing that idfoids il aid.
We have hitherto been speaking ol a
class cf offences which lie beyond o;ir ju
risdiction. Each State josesses the light,
however, to pass law regulating tho con
duet of its own citizens. Tho legislature
of Pennsylvania, at its hist regular session.
passed an net to which il is our luty to
direct your attention. Tho first section
piovidus, "thr.tif any person or persons
belonging to or residing within this State,
and under the proti cliui of its laws, shall
take a commission or commissions from
liny person, Stain or States, or oilier the
one in IPs of this State or ot the I nited
States of America, or who shall levy war
ngainit this State or Government thereof,
or knowingly or willingly vhall aid or as
fist any enemies in open war against this
State or tho United Stutes, by joining their
armies, or by enlisting or procuring other,
to enlist for that purpose, or by fuiT.i-hing
such enemies with arms or ammunition,
or nny other articles f ir their aid and com
fort, or by carrying on traitorous corres
pondence with them, or shall fcrtn.or be
in anywise concerned in forming any coin
bin ilion or plot or conspiracy, for betray
ing this State or the United States of Ain-eri'-'a
into the hands or power of any for
eign enemy, or any organized or pretend,
ed government engaged iu resisting the
laws of the United Slates, or shall give or
ser.d any intelligence to tho enemies of
this St ite or ol tho United States of Amo
rica, or shall, with intent to oppose, pre
vent or subvert the government of this
Stale or the United States, endeavor to
persuade, any person or persons from en
tering tho service of this Slate or of the
Uniteil States, or from joining any olun
teer company or association of this State
about being mustered into service, or shall
use nny threats or persuasions or offer any
bribe, or hold out any hope of reward,
with like intent to induce any perton or
persons so abandon said service, or with
draw from any volunteer enmpnny or as
sociation already organized under the laws
of this Commonwealth, for that purpose ;
every person so ollcnding and being legal
ly convicted thereof, shall be guilty of n
high misdemeanor, nnd shall be sentenced
to undt-rgo solilary imprisonment in tho
penitentiary at hard labor, for a term not
exceeding ten years, ami be fined innsutil
not exceeding five thousand dollars, or
both, tit the discretion of ihe couit. Pro
vided, That this uct shall not prohihit any
citizen from taking or receiving civil com
missions for tho acknowledgment of deeds
nnd olher Instruments of writing."
This law is free from ob-iiirily, and its
meaning und intention cannot bo misun
derstood. We hi've brought it to your
notice so that if any of you know cf any
cf the otfetice theiciri mentioned having
besn committed within this county, tho
offiiul'-r may be dei It with as tho law di
rects. It any of you know of the com
mission of such offence, it will bo your
duty to make it known lo your fellow so
that the matter may be duly nnd formally
presented lo the Court. It is your duty
to pie-eiit all violations of tli act, as well
sn oil other known offences against the
criminal law, but we should be careful thai
no act that is done in this lehilf should
spring merely from political differences,
from any d'-lfi-h, sinister, or other unwor
thy motive, but that every such discharge
of m hut is always un unpleasant uuty,
shculd be solely iii vindication of tho hon
or and uuthority of the Stato and the na
tion. Jk-iT'Every man has in his own lifo fol
lies enough- in his own mind troubles
enough-in the perfonnancool his duties
deficiency enough in his fortune evils
enough without minding olher people's
business.
J)fc-An Irish girl being inquired of res
pecting her mistress, who had gone to a
water cure establishment, replied that she
had "gone to sonk."
-J?"A writer remarks with great (ruth
that "the great characteristic of modern
life is Worry." - That is true. Some peo
ple are 10 prone to it that that they worry
tecauso they have no real grid' to worry
them. i . ,
fifyA lover, vainly trying to explain
some scientific theory lo bis fair inmOrnU
said, "The question - dillicult, aixi I
don't see what I can do to nuke it clear."
'Ton it!" said the lady.
THE WAR NEWS !
THE WAR IN MISSOURI.
Further Particulars of the Battle of
Lexington.
The &t. Louis papers of Saturday the
21st contain farther particular of the
commencement of the battle at Lexing
ton, Mo , which town, f ceording to the
diipniches published, ha surrendered to
the Slate forces under Gen. Price. Ilia
St. Louis Democrat has the fallowing ver
sion of the stato of affairs up 16 Wedruj
day evening, two day befoco the town
was surrendered by Col. Mulligan: - '
The gentleman who arrived at head--qunrter
in this city yesterday morning
via the North Missouri railroad, bring
news from Lexington, or, to bo strictly
correct, from the point nn the river oppo
site Lexington, up to ton o'clock on Wed
nesday night last. Tho rebel tomes un
der Price, Kains.liced and others, hnd po
ssession of the city of Lexington, and had
surrounded Colonel Mulligan, w ho, with a
force ot about 11,700 men, was Btrongly
posted in the fortifications on College Hill,
a point on the river bluff, just below tho
city, nnd between that nnd what i called
Old Lexington. n Tuesday tho rebels
n, ado nn attempt to enpttiie one small
steamboat and two ferry boats, w hich wero
lying at tho water's edge, just under tho
fortification walls. A desperato fight en
sued, tho rebels attacking the bonts from
up nnd down the river, nnd Col. Mulligan
defending as well as he could from tho
the river sido of his fortifications. Tho
rebels captured his boats. One of tho spec
tators who witnessed thestrugglo from the
opposite sido of tho river, snys he saw the
rebels carry oil twelve wagon loads of dead
and wounded. Colonel Mulligan's loss of
course could not bo ascertained. The re
port that these boats were slonmets loaded
with government stores, ammunition, &e.,
is incorrect.
Un Wednesday, a largo number of tli e
citizens of Kay county witnessed tho fight
from tho river bank. The rebels assaulted
tho fortifications in great force four or five
times during the day, nnd wero each linio
repulsrd, as il seemed, w ith great slaught
j er. The lighting, it was expected, would
j continue on Thursday. It waa feared
i thui Mulligan's nminunition would give
lout, and that in consequence he would bo
compelled to surrender, ill fortilications
are admirable, and his men nro fighting
with but little exposure and great advan
tage. The messenger states that tho Fed.
erul reinforcement of three or four thuust
nnd men wero sent on their way, and ex
pected to roach the riveropposito Lcxing
ton on Wednesday night or Thursday
morning.
On Thursdnyjof last week an altact was
on tho fortifications by a forco of rebels
from the position of Old Lexington,
They wero beaten bnok with a heavy loss.
(In the next day, Friday, Col. Mulligan
shelled Old Lexington, nnd burned the
houses in u:id behind which tho rebjs in
their ntiact on the day previous had ta'
ken shelter.
Tho forces underden. Trice aro various,
ly estimated from 1'i.tKJ to 20,000 man.
In another article the Democrat says:
Our ( Federal ) force there is about 3,500
men.
Tho St. Louis Republican has the follow
iiig uccount of tho progress of the light:
Tho first attack of tion. Prico upon tho
fortifications at Lexington was made on
tho l'hursdny of but "week, at five o'clock
in the evening, with n forco of about eight
thousand men. The engagement losiod
two hours, nnd resulted in the repulse and
withdrawal of tho Confederates with a
loss of one hundred killed and between
three and four hundred wounded. Tho
Federal loss was from threo to five killed
and several wounded.
On Wednesday morning last, Uen. Price,
having collected a forco of from sixteen to
twenty thousand, began a desperate and
most determined assault upon tho fortifi
cations. The engagement commenced at
nine o'clock, aud raged with great fury
dm ing the whole day. Five or six reso
lute charges were rnndo by the Confeder
ates, but e-ii.h time they were forced back
with considerable slaughter. They suc
ceeded, however, in the capture of threo
government steamers and a ferry bont
that were lying under the blutl and with
in range of tho Fedeial cannon, Iu this
thev encountered fearful loss, ns it is ra-
I ported that ten of twelve wagon lo.xdi of
i dnid bodies wero removed from tho hill.
Tin: 1'oxition of Lcxiwjlun.
We find in tho Cincinnati Commercial,
tho following description of the city of
Lexington:
"The painful suspense attending the
anxiety for now from Lexington, Mo., is
greatly enhanced by u consideration of tho
' sizo and wealth cf tho phice,:uid its iui
! port unco as a strntegia point. The popu
, lution of Lexington and vicinity was
: made up of tho best class of tho curly emi
grants froui Kentucky to Missouri, i gen
' trally wealthy, and probably more refined
' than that of any other section of the State,
excepting St. Louis. The e'lly settlers in
I that region were attracted by thesiinilari-
ty of much of the country to thut Eden of
Kontuckiuus about Lexington, Ky.. and
I they iiot only made their selections of
land according to the standard of old Iviy
: t-lte, but curried the analogy to the nai.i
, ing of the county and principal town of
their lucition in Missouri.
The city, containing now probably 12,'
000 inhabitants, is itunted on a high rocky
, bluff, which there has its course on the
south aide of the Missouri river.nnd which
slopes almost precipitously directly down
j to the bed of the river, making a veiy
' sleep ascent from the landing up into to
city.
1 SiSTThe sweetest flowa's ever cnf lered
in an old bachelor's pathway, are the lips
of a pretty girl.