VOL. LI. Marble Yard* THE undersigned adopt this method of inform ing their friends and the public in general, that they have taken the Marble Yard, formerly conducted by Daniel Fagan, situated in North Queen Street, in the city of Lancaster, a few doors north of Van Kanan’s (formerly Scholfield’s) tavern, whe'e they are prepared to execute all orders in their line, in the neatest manner, at the most liberal prices, and with every possible expedition. William Leonard acquired a thorough know’oige of the business in the most celebrated Martr • es tablishments in Philadelphia and New Yor*. Abner S.'Rear was an apprentice to Daniel' Fagan, and has had many years experience. As their work is all to be finished by themselves, they feel assured, that they can afford entire satisfaction to their customers. They exhibit John Beard’s celebrated BOOK OF DESIGNS, embracing a large and attractive variety, from which their patrons can scarcely fail to make satisfactory selections. WILLIAM LEONARD, Dec. 25-6m-48] ABNER S. BEAR. London Mustard, Pickles & Sauces. Mushroom and Walnut Ketchep. Prepared Salad Dressing for Lobsters, Chick ens, &c. English Mustard in pound and half pound bottles. Dunn’s Chemically Prepared Chocolate for Inva lids. Spanish and French Olives, Capers, & Sweet Oil* Currie Powder, Indian Soy, and Cayenne PepperT Anchovy, Shrimp, Bloater and Cavier Pastes. * RICH SAUCES of every variety imported, such as Reading, Harvey, John Bull, Worcester, Camp, &c. &c. &c. Preserved English Fruits and Provisions. Jellies, Jams, Marmalades, and Preserved Jamai ca Ginger. Real.Gorgona Anchovies. Stoughton Bitters. Syrupß of every sort. Liqueres of the choicest kinds. London Pickles, Chow Chow, Piccalli, Gherkins, Onions,.&c. PAUL DE VERE & CO.’S flavoring extracts for Confectionary, Ice Creams, Jellies, &c., viz: Lemon, Mace, Nutmeg, Peach, Vanilla, Celery, Rose, Orange Peel r Ginger, Clove, Almond, Nectarine &c The above articles, and many others of the choi ,cest kind, are imported from the principal houses in England. For sale lower than any house in the United States, by GEORGE RAPHAEL, 262 Pearl Street, U. S. Hotel, N. Y. Perfumery in every variety, Imported & Domestic. New York, Sept. 4 6m-32. IVew Arrangement. -- T i ' 1 fr*—* 1 Tggg;w?gg»gfßl3 |Ti PHCENIX LINE WAY TRAIN now leaves the Depot, No'.-272 Market Street, EVERY DAY (except the SabbathJ at 11 o’clock A.M., for Down ingtown, Lancaster and Columbia, and on its return to this city, will leave Columbia at 8 o’clock, and Lancaster at 9 A. M., and arrive in Philadelphia at 1 P. M. This line is intended to accommodate the public in general,and Passengers will be taken up and put down at any point along the road. The Cars will pass the following places at the following times for Philadelphia: Columbia • 8 Midway 10 15 Lancaster 9 Downingtown 10 30 Bird-in-Hand 915 Oakland 10 45 Lemon Place 920 Steamboat 1100 Kinzer’s 930 Paoli 1145 Gap-r-Buyers’ 950 Eagle 1145 Penningtonville 950 Morgan’s Corner 12 00 Parkesburg 10 00 Philadelphia 100 The undersigned have purchased the entire stock of the above Line, which will be run in future under the control or management of DAVID MILLER, who‘>vill spare no pains or expense to make, this Line the most comfortable and accommodating on the road. PROPRIETORS: David Miller, Henry Musselman, Benjamin Mishler, Mich’l Musselman, Henry Schenk, B'enj. Snavely, David Hartman, Henry W. Hess, Henry Hines,, J. B. Groff, John Hertzler, A. C. Buyers, Obediah Rock, Elias Eby. OFFICER—At Philadelphia, 272 Market Street; at Lancaster, Lancaster City Exchange; at Colum bia, Washington Hotel. P. S.—ln returning my most sincere thanks to a' generous public for the very liberal patronage be stowed on this line under the former Proprietors, I beg leave most respectfully to ask a continuance of it under the present. May 29,’49-18] HORACE F. ASH. ISAAC R. DILLER Land and General Agency Office, -AT THE CAPITAL OF ILLINOIS, City of Springfieid. To non-residents owners of Illinois Lands—Holders of Illinois Indebtedness , and all persons desirous of purchasing State lands with Illinois scrip or bonds. would respectfully inform the public, that they have established in this City —the capital of the’state of Illinois—a Land and General Agency Office for the transaction of all business appertaining thereto, within the limits of the State. All transactions relative to the purchase and sale oflands, examining lands and reporting their loca tion, advantages and value, paying taxes, redeem ing land sold lor taxes, investigating titles, &c., buying and selling all descriptions of state indebt edness, this and every other description of business attached to a General Land Agency on the most extended scale, will be promptly and faithfully attended to. ASH & DILLER. Sprinofield, March 14, >ls. REFERENCES, Hon. James Buchanan, <e Benj. Cbampneys, Beah Frazer, Esq., Wm. \iathiot, Esq., Roland Diller, Esq., New Holland, Penn’a, Gabriel Davis, Esq., <<-> << Hon. Daniel Sturgeon, TJ. S. Senate. “ Jas. Cooper, “ «< James Fox, Esq., Harrisburg, Penn’a. Gen. Robert Patterson, Philadelphia, « “ Adam Diller, Jos. L. Chester, Esq., Col. S. W. Black, His Ex»l A. C. French, Hon. Thos. H. Campbell, t( John Moore, « y S. H. Treat, “ Lyman Trumbull, “ J. Dean Caton, April 17, 1849 Lancaster, Penn’a. <« « Pittsburg, (( lllinois. Auditor “ Treasurer “ Judge Supreme Court. (t 3>l&> 3a W'SCbCglllHSrSe SURGEON :»:» wttitttii u L OFFICE —In Kramph's Building , NORTHEAST CORNER OF Orange ancl AorlH Queen Streets, LANCASTER, PA. Lancaster, July 3, 1849. fcf-23 GETZ i&‘HARBERGER, * ; PRACTICAL, GAS FITTERS? WEST KING ST., LANCASTER. T>LAIN and Ornamental Gaa Fitting, and general ,-X furnishing of Gas Fixtures. Gas Pipes intro duced into Churches, Stores,Dwelling Houses, and public, establishments, at the shortest notice All their work warranted. * Old Fixtures repaired, and alterations made in the most improved and substantial manner. Orders stristlj attended to. [oct 2, ’49-tf-36 Sign Painting. JOHN L. KEFFERhas commenced the above business, m A. N. Brenneman’s Building, Cen tre Square, Lancaster, and wifi do the "best he can by Btrict attention to business and moderate charires’ to satisfy all who may be pleased to favor him with their custom.- . [May 1848.-w.lB. nfew Store and Sew Goods. Comer of North Queen Street and Centre quart, Lancaster, Penna. T& H. BAUMGARDNER, having recently fit • ted up a building with a view to the comfort and convenience of customers, and purchased cheap for cash a very large assortment of Dry Goods, Clothing, Carpetings, Oil Cloths, Look ing Glasses , Paper Hangings, Groceries, China, Glass, Queensware , Blind and Coach Trimmings, ifc., fyc., are prepared to serve the public, with all articles in their line as reasonable as can be purchased in this city, and they will warrant every article sold to be of the quality represented. By giving the establish ment their personal superintendence, they feel sure of satisfying their patrons, and will endeavor always to shew the greatest variety of goods in this county, thus giving purchasers the advantage of getting all the articles they may need without running about town picking up one thing here and another there, and get them too at reasonable prices. They have also made arrangements to get from the larger cities any articles which may be required in a very short time and without extra charge. Their stock shall at all times consist in part of LOW PRICED GOODS, which they will sell as cheap as they can be had any where, as well as the FINER QUALI TIES, of which they will always keep a large supply. With them may always be found Plain Black, Changeable, Figured, Watered, Flowered, Striped and Plaid SILKS, M. DELAINES and CACHMERES, from common to the richest and handsomest patterns. . . FRENCH, ENGLISH AND AMERICAN PRINTS in the greatest variety, Alpacas, Merinoes, and Plain Cachmeres, in all colors, Canton Crape, Silk, Woolen and Thibet Shawls, Plaid and BrochaLonjz and Square Shawls, Mourning and Second Mourn ing Goods, selected with great s care, I men and Muslin Sheetings, and Shirtings, Table Cloths and Covers, Napkins and Diapers, Woolen and Cotton Flannels of all colors, Woolen Blankets, from common to super qualities; Brussels, English 3-ply, Ingrain and Venetian CARPETINGS, 3-4, 4-4,5-4, 6-4, 8-4, 10-4 FLOOR OIL CLOTHS, PAPER HANGINGS, from 6± cents to $1 a peice, with bordering to correspond. Their Clothing Room shall always be supplied with NEW STYLES OE FASHIONABLE GARMENTS, from the very low est price to the most elegant and superior French Cloth Suits , full 25 per cent, lower than the same' quality can be had elsewhere. This department also embraces the largest assortment oi black and coIored.CLOTHS, CASSIMERES, SATTINETS, and VESTINGS, in this city, together with a full •stock of French, English, and Italian Black and Fan y Silk C’avats, Suspenders, Gloves, Hosiery, Shirt Bosoms, Collars, Cotton, Merino, Silk, and Guernsey Drawers, &c. Their stock of QUEENSWARE embraces nearly every article in that line, to which they have added a very large and varied assortment of Lard, Pine Oil and Fluid LAMPS, from the most approved patentees. The propietors respectfully invite the attention of the public to this complete collection of Goods, feeling confident that they are now enabled to satisfy the variousa tastes of men, women, and children. T. & H. also receive and fill with promptness all orders for COAL, and have it delivered in any part of the city at’the very lowest prices. October 9, ’49. st-37 Conestoga Foundry. STOVES! STOVES!! STOVES!!! STOVES on hand, comprising the best assortment ever kept in Pennsylvania. The following list includes a part of thd most pop ular kind:— Hathaway’s Improved Cook Stoves. a. Buck’s Superior Codk do. Thevery celebrated ({ Victory”do. The “ Paragon” Cook do. Also, a new Cooking Stove, called tbe “Farmer.” Application has been made by the proprietor for Letters Patent for this stove, which he has desig nated ‘‘THE FARMER,” in view of its complete adaption to the wants and uses of this class of the community. It has been constructed with great care, upon the moßt scientific and approved princi ples, and bids fair to become the most celebrated Cooking Stove in the country. In addition to the abovo, the subscriber has an assortment of other COOKING STOVES adapted to the use of coal or wood, such as the “Complete Cook,” the “Parlour Cook,” &c., &c., with all sizes of NINE PLATE WOOD STOVES, and a large variety of Coal Stoves for parlours r dining rooms and offices. proprietor of the Conestoga Foundry has purchased the- right for manufacturing and selling the Hathaway and Buck’s Patent Cook Stove for Lancaster county. t The castings at this foundry are made of the best No. 1 Codorus and Conowingo Iron, long celebra ted for strength. 90*"All kinds of CASTINGS made to order. will be sold and orders for castings received either at the Foundry or at the store of the subscriber in East King Street, a few doors from the Court House in the city , of Lancaster. June, 13, ’4B-20-tf.j c. KIEFFER. NO. 80 IMPORTANT Wo. SO Fall and Winter Dry Goods. CLOTHS, Cassimeres, Satinets, Vestings, and other goods for Men’s and Boy’s wearing apparel. ° D. MILLER. Merinoes, Cashmeres, Alpaccas, Delaines, Ging hams, Stc., of various shades and styles. BLK. DRESS SILKS, Silk Cravats, Hdkfs., &c. Calicoes, Hosiery, Gloves, bleach’d and unbl’d Muslins, Tickings, Checks, &c. LINENS, bleach’d and unbl’d, Cloth, Linen and Cotton Table Covers, Flannels, Blankets, Shawls, with a general assortment of goods generally kept in a DRY-GOODS STORE. To which we would expressly invite onr friends and the public in general, as we will spare no painß to please all who may call. Our Stock of Goods is new, bought for Cash, therefore we are satisfied we can and will Bell goods as low as any other estab lishment in the city. Our friends from the country who wish to pur chase materials for a suit of clothes, would do well by calling to examine onr stock of Cloths, Cassi mehes, Ac.; in this they will realize a great saving, as well as in any other article we offer for Bale. Groceries and Queensware, Tea, Coffee, Sugar, Molasses, with every article in the grocery line. Oranges, Lemons, Figs, Rai sins, Candies, Almonds, Filberts, Cream and Ground Nuts, &c. Baskets—-French and other travelling, also mar keting Baskets, with or without covers, Basket Carnages, Chairs, &c.. MACKEREL. 200 Bbls. i and £ bbls. of the choicest brands— Mackerel warranted. AND SEGARS wholesale and retail. We would especially invjte the attention of all who wish to purchase articles at the lowest possi ble prices to call at No. 80 North Queen St., under the Museum, two squares from the Court House PINKERTON & SMELTZ. October 9, *49 ly-10-37 Coal and Lumber Yard. fpHE subscribers have taken the Coal Yard on X Prince Street, in the city of Lancaster, lately owned and occupied by Messrs. B. & J. Re’inhold, where they intend keeping a general assortment of COAL FOR FAMILY USE, such as Lykens* Valley, Baltimore Company, Pine c°X e * Sham °kin, Pittston, &c., with a great variety of Coal for lime-burning and Sulphur Coal for smithing. Also, a general ASSORTMENT OF LUMBER, will be kept constantly on hand. Having made ar rangements with the Saw Mills, every kind of bill styff will be furnished at the shortest notice. it is the intention of the subscribers to give their personal attention to the business; and their object wi be at all times to please and accommodate all .. ® m i avor them with their custom, pledging f T se ve ® to Be ll as low as any others in the city ° r it 9 vicinit 7- Now is th<? time for Bargains B. F. SHENK, R. H. LONG. n„h^. n 8 bußlness > our friends and the public generally have onr thanks ior the very libe ral patronage they bestowed upon ns while in busi ness, and hope the same may be extended to out successors, Messrs. Shenk & Lone as wo are confident they will merit the confidents of the pU « c 'ee B. & J. REINHOLD. May 27, ’49 Landis 8c black, ATTORNIES AT LAW: -Three doors below the Lancaster Bank, .. Yii*! - Q ueen Street, Lancaster, Penn’a. 9T AJJ kinds ol Screening, such as writing Wills, Deeds, Mortgages, Accounts, &c., will be attended to with correctness and despatch. , January 16, i&ie • ; . SHENK & LONGS’ “ THAT COUNTRY IS THE MOST PROSPEROUS, WHERE LABOR COMMANDS THE REWARD”— Buchanan. CITY OF LANCASTER, TUESDAY MORNING, JANUARY 20, 1850. New Sat and Cap Store, East King St., a few doors west of the Farmer s Bank T EVI SMITH respectfully informs his mends I 1 and tbe public, that he baa just received and is nqw opening at his new Store, a splendid assort ment of new and fashionable HATS and fT. i CAPS, for fall and winter wear, which jsfa have been selected with great care, will be sold at the lowest cash prices. and superiority of finish they cannot be surpassed. His stock consists, in part, of Silk, Beaver, Nutria, Brush , Moleskin, llussia, Cassimere, sc., of various sizes and shapes. Hats made to order at as short notice as desired. CAPS, CAPS, CAPS! His stock of Caps are of various styles and prices. He has received a new style of HAT-C with a variety of other patterns, such as Velvet, Cloth Glazed, &c. Call and exnmine his stock, in Eas' King street, between the Court House and t he Farmers’ Bank. N. B. Hats bought at this establishment will t,r ironed free of charge. L. S. Nov. 6, ’49. 41 ly Grand Centre of Attraction. Lancaster tower hall clothing STORE.—Just received, together with the latest Fall and Winter Fashions, the largest and most splendid assortment of FALL and WINTER GOODS ever before exhibited in Lancaster county, at M. T. Ford’s Tower Hall Clothing Store, oppo site Vankenan’s (late Scholfield’s) Hotel. The citizens of Lancaster county, and strangers who may be visiting thp city, are respect ully in vited to an examination of this magnificent stock, comprising an unrivalled collection of uncut Cloths. Cassimeres, and Vestings; with Overcoats, Sack Dress and Frock Coats, Monkey Jackets, Pants, Vests, Shirts, Stocks, Shams, Cravats of all des criptions, Hosiery, Suspenders, Gloves, and in fact everything necessary to complete a gentleman’s wardrobe, and at prices that no others in the trade attempt to compete with. Remember, gentlemen, that this is no trade clothing shop, as the proprietor has'from the start set his face against orders of all kinds, and conse quently does not put a high tariff on his customers for fear they may have a builder’s order, but sell ing exclusively for cash he can and does sell his goods for less than it costs most of the Tailors to manufacture them. So you see your true interest lies in patronizing the Tower Hall of M. T. FORD, North Queen street, opposite, the Franklin Hotel. N. B.—The new style Kossuth Woolen Plaid Vest, is just out, call and see. [sept 25-ly-35t General Agency and Intelligence Office. ‘ THE subscriber, late Collector of Tolls at the city of Lancaster, on the Col. & Phila. Rail road, having taken a room on the .second floor of the house next door south of the Examiner and Herald office, in North Queen streets, offers his services to his friends and the public generally in procuring money on loan and lending out money on . interest; the purchase and sale of stocks of all kinds; houses rented, and tenants furnished ; in the pur chase and sale of real and personal property; and also in giving information to Managers, Clerks, Mechanics and Laborers, or any other situations ; of all such a regular Register will be kept by him. He hopes by close attention to business to meet with encouragement in his undertaking, and assures the public, that all matters of any nature whatever, entrusted to him, will be strictly confidential. He can be found at all times at his office, or at Mrs. Kauffman’s Hotel, immediately opposite. Oct 16,’49-610-38] GEO. B. HAMILTON. mm,* ■a® * Opposite Vankanan's (formerly Schofields) Hotel , North Queen St., Lancaster, Pa. I heartily recommend to the people of Lancaster, all-others to whom this may come, Dr. Waylan, Grndute of the Baltimore College ofDental Surgery, as a gentleman eminently qualified to practice his profession in a skillful and scientific manner, and of moral character that entitles him to all confidence. I do also certify, that Dr. Waylan did obtain, as the award of a Committee, consisting of Dr. Parmly of New York, Dr. Roper of Philadelphia, and Dr. Noyes of Baltimore, a Case of Instruments, offered by the College as a prize for the greatest proficiency in the study and art of Dentistry as taught in the Institution. I do also certify that Dr. Waylan has operated upon my mouth in a highly satisfactory manner. Thos. E. Bond, Jr., A. M., M. D. Professor of Special Pathology and Therapeutics in the Baltimore College of Dental Surgery. Lancaster, Dec. 11, ’49. 46-tf Ornamental Marble Works. EAST King street, next door to John N. Lane’s store. Charles M. Howell, Marble Mason, respectfully informs the citizens of Lancaster and the public in general, that he carries on the MAR BLE BUSINESS, in all its various branches, and invites all to call on him, as he is satisfied that he can sell cheaper than any other establishment in the city or state. He invites the public to call and examine his stock of finished Mantels, Monuments, Tombs, Grave Stones, and also his collection of designs for Monuments, Tombs, &c., before purchasing else where. jan 16 Shaving, Hair-Dressing, & Sham poonJng Saloon, Centre Square , opposite the Court House , in the second story of the building occupied as a Grocery Store by Williams Clarkson. E BOSTON & S. WILLIAMS, (lormerly of N. • Queen street,) have taken the above shop where, by strict attention to business, and a deter mination to please their customers, they hope to receive a share of public patronage. Lancaster, Dec. 18. ’49. 47-ly Geo. W. Hunter, ATTORNEY AT LAW. OFFICE— North Queen Street, first door to tho right of John F. Long’s Drug Store. All kinds of Conveyancing, writing Wills, Deeds, Mortgages, Accounts, &c., will be attended to with correctness and despatch. April 3, ’49 ly-10 JOHN A. HIESTAND, ATTORNEY AT LAW, Office in West King Street, fourth door West of Peter Reed’s Hotel, Lancaster. Lancaster, May 15, 1849. 6m-15* WILLIAM S. AMWEG, Attorney at Law, OFFERS his professional services to the public. He also attends to the collection of Pensions, and the prosecution of all manner of claims against the general government. His residence in the city of Washington for several years, the experience derived from the duties of the office, which he had filled during that time, and the mode in which claims of this sort are most speedily adjusted, give the most ample assurance that business placed in his hands will be attended to in such manner as can not fail to afford satisfaction. Office in South Queen street, second house below the Lancaster Bank. Nov. 20, 1849. W. Whiteside, ATTORNEY AT LAW , HAS removed to the office formerly occupied by E. C. Reigart, Esq., in West King street, 3d bouse below Mr. Reed’s Tavern. April 10 xi.tf Dr. M. Id. Moore, Dentist. STILL continues to perform a. operations on the TEETH upon terms to suit the times. Office North Queen street, opposite Kauffman’s Hotel, april 19 GEORGE.W. M’ELROY, ATTORNEY AT LAW, Offers his professional services to the public. Office in Centre Square, in the room formerly occupied by M. Carpenter, Mayor. [Mav 1,’49-14 .. JONAS D. BACHMAN, . ATTORNEY AT LAW: Office in-Market Square, in the room lately occupied by G. W. M’Elroy, Esq. 3 * april 24 ’49 t&l3 OFFICE FOR THE Purchase and Sale of Beal Estate, WESEMKHSS© ' SffKUaißlFp ‘ ILA^ra PENNS YL VANIA, nov 18-42-Sm] D. W. PATTERSON. A LEXANDER L. HAYES, -TX " ATTORNEY AT LAW: Glftce—West Sling Street, next door below C. Hager - & Son’rStora. ; J*a»a?y9,»49 50 3nt riligencer & Journal. PUBLISHED EVERT TUESDAT MOSSING, BY GEO. SANDERSON. TERMS: Subscrtttion. —Two dollars .per annum, payable in advance; two. twenty-five, if , not paid ivithiti six months; and two fifty, if not paid within the year. No subscription discontinued until ail ar rearages are paid, unless at the option of the Editor. i Advertisements.— -Accompanied bytheCASH,and not exceeding one square, will be inserted three times for one dollar, and twenty-five cents for each • additional insertion. Those of a greater length in proportion. Job Printing.— Such as Hand Bills, Posting Bills, Pamphlets, Blanks, Labels, &c., &c., executed with accuracy and at the shortest notice. ftlißiellaiieous. Tram Gnhxm‘» Miguia* for February. NIGHT THOUGHTS. BY GIFTIE. Darkness is on the wave, The night wind bummeth low, And through the soft bright air the gleams Of moonlight come and go, And all is hushed to rest Upon S-eep’s quiet breast, All save the human heart, that sighing waketh still — The heart, that never sleeping— Its lonely vigif keeping— Findeth still naught on earth its depths to fill.' Thou art like Sleep, oh, Night! Thou hast a thrilling power, To awe, e’en with thy loveliest things, The heart in this still hour; Thou bringest up the past— All bright things we have lost— [skies, The dead whom we have loved look on us from the Yet naught of fear or wo, That cloud man’s life below, Is in the gaze of their calm spiritual eyes. Ay—faces of the dead Look downward from the sky. They wear the same loved look and mien They.wore in days gone by, Yet something dimly there, Though cheek and brow be fair, Says chilliogiy that human love hath passed away. They care for ua no more— Those dwellers on the shore Where night is lost in heaven’s effulgent day. Still—all is still around ; I hear the sound of streams, That through the long grass singing flow, Beneath the starlight beams. Thus let my soul repose, Serene ’mid earthly woes, Till death shall come and bid its longings cease, Till I quench this weary thirst, Where immortal fountains burst, And heavenly voices welcome me to peace. Duelling. History and Practice or Duelling—Debate in the Kentucky Contention.— There is no community which will better illustrate the practice and extreme folly of duelling, than the State of Ken tucky. In the debates of the Kentucky Conventions we observe that some of the ablest men there have arrayed themselves against that foolish as well as wicked practice. Among them is the Hon. Ben. Hardin, from whose speech we extract the follow ing correct account of this extraordinary practice: In the course of my readings as to the-history of mankind, I have turned my attention some little to this subject; and, sir, from the days of Nimrod, the mighty hunter of Babylon, down to about three hundred years ago, I have not found a single in stance where a private, personal quarrel was settled by a duel. In every case where there were per sonal combats, they were for public and not pri vate considerations. The private combats before the walls of Troy, and the walls of Jerusalem, were fought by men in each of the armies opposed to each other, and in behalf of each army. Such was the character of the case referred to by the gentle man, (Mr. Nutall,) between the three brothers of the Horatii and the CurialU. There the fate of tbe battle, it was agreed, should turn upon their success. There is no instance of the modern duel presented until we come down to the time when Francis 1., of France, gave the challenge to Charles V., King of Spain and Emperor of Germany. There the prac tice took its origin, and it has been in existence ever since. And why is it? Because there is a notion, a ridiculous kind of opinion going abroad, invisible, intangible, and which no man can touch, called the code of honor, which compels a man to fight in certain cases. Thus: do you want to kill me? No. Do I want to kill you? No. But there is some imaginary inault—some supposed injury, and some sickly sensibility feels it6elf insulted, and asks for an explanation. The man who is asked feels a little too proud to give it; and the parties cor respond a little, and finally fight—and all about nothing. We know that duelling does not stop killing, in the streets, or assassination on the highways. No sir, this is' a mistake, and nothing will stop it but a sense ot certain, positive, and speedy punishment. And how are we to stop the practice of duelling? We are to furnish men who' are in doubt as to a point of honor, with a competent apology for avoid ing a duel. That is all we want. There is not a man in the world, enjoying health, and who has friends and connexions around him, that does not love life. . Look at the man in the last agonies of death, and see how he clings to life. And why? Because he loves life. And yet a false notion of honor, or rather a false public opinion, will force the man in fine health to hazard his life to a false notion of honor. Frederick the Great of Prussia was one of the.ablest and bravest men who ever fought at the head ot an army, and yet what did he say to the duellist' l Why, that if a duel was fought, he would hang all concerned in it, and if he could find out where was the place of meeting, he would go there himself with his hangman, and hang up the survivor without a trial. Has not Great Britain lately hung up several men who killed others in duels. A Col. i Campbell there, killed a man in a duel, not long 1 since, and was hung. And other instances might be mentioned. And Kentucky is the only country where no man has ever been punished for giving, accepting, carry ing a challenge, or killing his antagouist in a duel. What inroads have been made in the family of Alex. Pope, my old friend with whom I practised law until he died, by the duelling propensities of those two young men. Henry and Fountain Pope. One was killed in Arkansas, and the other near Louis ville, without any cause, if the parties had under stood each other. The parties fought at a o distance of thirty yards, with shot guns. Did I not know, while in Washington, Barron and Decatur, two of the first men at that period in America, come up in mortal array within sixteen feet of each other, be cause one was near-sighted, and the rule was that both should take deliberate sight befoje the word to fire was given? They both fired and fell with their heads not ten feet apart from each other. And be fore they were taken from the ground each expected both to die; they, spoke to each other, and a recon ciliation took place. They blessed each other, and declared that there was Nothing between them.— All that Was required to have prevented the meet ing was an explanation between them. There was the case also of McCarty and Mason, own cousins, who fought one of the most murder ous duels on record, because McCarty voting for anotherman,Mason being a candidate,felt aggrieved, and challenged his vote on the ground of not being twenty-one. McCarty first proposed they should sit over a "keg of powder and set fire to it, but Ma son declined. Next he proposed they shoufd go to the top of the capital and hand in hand jomp from the parapet wall to the ground, a distance of ninety feet. This Mason. also declined. Then McCarty l proposed they should fight With muskete with three balls apiece, whicK Mason accepted, and then they went out and fought eight feet apart—about noth ing.. McCarty has told me that the duel was forced on him by one of Mason's seconds. Such are the bloody scenes whieh illustrate thU code 6f honor; wit i» ptyled. , Message from the President, In relation to California. To the House of Representative* of the United States :—l transmit to the House of Re presentatives, in answer to the resolution of that body, passed on the 21st of December last, the accompanying reports of heads of depart ments, which contain all the official information in the possession of the executive asked for by the resolution. On coming into office, I found the military ccjnmandant of the department of California exercising the functions of a civil governor in that territory; and left as I was, to act under the treaty of Gaudaloupe. Hidalgo, without the aid of any legislative provision establishing a government in that, territory, I thought it best not to disturb the arragement made under my predecessor, until congress should take some action on that subject,. I therefore did. not interfere with the powers of the military com m lindant, who continued to exercise the func tions of civil governor as before; but I made no such appointments, conferred no such au thority, ana have allowed no increased compen sation to the commandant for his services.. With a view to the faithful execution of the treaty, so far as laid in the power of the exec utes and to enable Congress to act at the present session, with as full knowledge and as little difficulty as possible on all matters of in terest inthese territories, I sent the Hon. Thomas Butler King, as bearer of despatches to California, and certain officers to California aud New Mexico, whoso duties are particularly defined in the accompanying letters of instruc tion addressed to them severally by the proper department. . Tdid not hesitate to expresß to the people of those territories my desire.that each territory should, if prepared to comply with the requi sitions of the constitution of the United States, form a plan of a state constitution, and submit the same to congress, with a prayer for admis sion into the union as a state; but I did not an ticipate, suggest, or authorize the establishment of any such government, without the assent of congress, nor did I authorize any government agent or officer to interfere with nor exercise any influence or control over the election of delegates, or over any convention, in making or modifying their domestic institutions, or any of the provisions of their proposed constitu tion ; on the contrary, the instructions given by my orders were, that all measures of do mestic policy must originate solely with them selves—that while the executive was desirous to protect and defend them in the formation of any government, republican in its character, to be at the proper time submitted to Congress— yet it was to be distinctly understood that the plan of such a government must, at the same time, be the result of their, own deliberate choice, and originate with themselves, without the interference of the executive. I am unable to give any information as to laws passed by any supposed government in California, or of any census taken in either of the territories mentioned in the resolution, as I have no information on these subjects, as al ready stated. I have not disturbed the arrange ments which I found had existed under my pre decessor. In endorsing an early application by the people of the territories for admission, as stated, I was actuated principally by an ear nest desire to afford to the wisdom and patriot ism of Congress the opportunity of avoiding angry dissensions among the people of the Unit ed States. Under the constitution every state has the right of establishing, and from time to time altering ita municipal laws and domestic insti tutions, independently of every other state, and of the general government, subject only to the : restrictions and guarantees expressly set forth Jin the constitution of the United States. The subjects thus left exclusively to the respective states were not designed or expected to become topics of national.agitation. Still, as under the constitution, Congress has power to make all needful rules and regulations respecting the .territories of the United States, every new ac quisition of territory has led to discussions on the question whether the system of involuntary servitude, which prevails in many of the states, should, or should not, be prohibited in that territory ? The periods of excitement from this oause, which have “heretofore oceuTed, have been safely passed; but during the interval of whatever length which may elapse before the admission of the territories ceded by Mexico, as states, it appears probable that similar ex citement will prevail to an undue extent. Un der these circumstances, I thought, and still think, that it was my duty to endeavor to put •it in the power of Congress, by the admission of California and New Mexico as states, to re move all occasion for-the unnecessary agitation of the public mind. It is understood that the people of the western part of California have formed a plan of 4 state constitution, and will isocn submit the same to the judgement of Con gress, and apply for admission as a state. This course on their part, though in accordance wii.h my wish, was not adopted exclusively in consequence of any expression of my wishes, .inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor,and were already in active progress of execution before any communication from me retched California. If the proposed constitu tion shall, when submitted to Congress, bo found to be in compliance with the requisitions of (he constitution of the United States, I ear neitly recommend that it may receive the sanc tion of Congress. The part of California not included in the proposed state of that name, is believed to be uninhabited, except in a settlement of our coun trymen in the vicinity of Salt Lake. A claim has been advanced by the state of Te:;as to a very large portion of the most popu lous district of the territory, commonly afeaig na.ed by the name of New Mexico. If the peo ple of New Mexico had formed a plan of State for that territory,, as ceded by the treaty of Guadaloupe Hidalgo, and had been admitted by Congress as a State, our constitu tion would have afforded the means of obtain ing an adjustment of the question of boundary with Texas to a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Con gress to devise some mode for its adjustment. . Meanwhile, I submit to Congress the question Whether it wonld be expedient, before such ad justment, to establish a territorial government, which, by including the district so claimed, would practically decide the question adverse ly to the. state of Texas—-excluding it, would decide it in her favor. In my opinion, such a course would not be expedient, especially as the people of territory still enjoy the ben efit ana protection of their municipal laws, originally derived from Mexico, ana have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberty and religion of the people of New Mexico are better protected than they ever were before the treaty of ces sion. Should Congress, when California shall present herself for incorporation into the Union, annex a condition to her admission as a state affecting her domestic institutions, contrary to the wishes of her people, and even compel her iemporarily to comply ; with it, yet the state could ohange her constitution at any time after admission, when to her it should seem expedi ent. It is to be expected any attempt to deny to the people of the state the right of self-gov ernment, in a matter which peculiarly affects themselves, will infallibly be regarded by them as' an invasion of their rights; and upon the principle laid down in our own Declaration of Independence, they will certainly be sustained in their resistance against it by the great mass of the American people. To assert that they are a conquered people, and must submit to the will of their conquerors in this regard, will meet with no cordial response among American freemen. Great numbers of them are our own country men, not inferior to the rest in intelligence and patriotism, and. no language of-menace to re strain them in the exercise of an undoubted right, substantially'guaranteed to them by treaty of cession itself* shall ever be uttered hy me, or encouraged and sustained by persons acting under my authority. It is to be expect ed that in the residue of the territory ceded to u's by .Mexico, the .people residing there, will, at .the time of their iucorporatiou into the Uni on as a State, settle all. questions of domestic policy to suit themselves. No material inconvenience will result from short .ftenodj of a government established by p.ongress over that part of the territory which lies eastward of the new state of California, and the reasons for my opinion that New Mexico will at no very distant period ask for admission into the Union, are founded on unofficial information, which, I suppose, is common to all who have to. make inqui ries on the subject. Seeing, then, that the question which' now excites such painful sensations in the country will, in the end, certainly be settled.by the si lent effect of causes independent of the action of Congress, I again submit to your wisdom the .policy recommended in my annual message, of awaiting the salutary operation of those causes —believing that we shall thus avoid the crea tion of geographical parties, and secure the harmony of feeling so necessary to the benefi cial action of our political system. Connected, os the union is; with the remem brance of past happiness, the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feel ing of duty ana every emotion'of patriotism tend to inspire fidelity'and devotion to it, and admonish us cautiously to. avoid any unneces ary controversy which can either endanger it or impair it strength—the chief element of which is to be found in the regard and affection of the people for each other. (Signed) Zachary Taylor. Washington, Jan. 21st, 1850. Opinion of Judge Lewis, In the case of Michael Weidman against Jacob Marsh, et al. } in the Court of Common Pleas of York County. This is a case stated in the nature of a special verdict Two questions are presented for decision. The first draws in question the . validity of the will of John Meyer, deceased, because it was made on Sunday; and the second calls upon the Court to decide whether the- widow of the testator took, under the will, a life estate or a fee simple. With regard to the first question:—lt is agreed, in the case stated that the 2nd day of September. 1827, (the day ofthe date of the will) was Sunday. It is further agreed that the testator “did not die on Sunday.” , The bill was proved on the 15th of June, 1849; but the precise day on which the tes tator died does not appear. The will has been duly proved before the proper officer ofthe probate court, without objection; and its validity does not appear to have been drawn in question, until this ejectment was brought; a period of nearly twenty years since it was admitted to probate. If the ma king of the will in question, under no pressure of necessity arising ffrom dangerous illness or other threatened dissolution, was a violation of the law of God and man, this court will certainly presume, in favor of innocence, that such circumstances of necessity existed, or were believed to exist, at the time the will was made; or would be sufficient to justily the act in the eye of the Law. Adopting this pre sumption, the question remains whether the danger of immediate death, or the well grounded belief that such danger exists, is sufficient to justify the act of making a will on the Sabbath day. Sunday is noted in all the books to be dies non juridicus ; not made so by statute but by a canon of the church, incorporated into the Common Law. — Previous to the canon of A. D. 517 the Courts, held by the ancient on Sunday, for the purpose-of distinguishing them selves from the Heathens who were superstitious in the observance of days.and times. This canon was received and adopted by the Saxon Kings of Eng land. It was confirmed by William the Conquerer, and Henry the Second; and the courts discontinued the practice ot administering justice on Sunday, holding that it was no longer a judicial day, and that a judgment rendered on that day was voidable Thus, as Chief Justice Savage observes, the obser vance of Sunday became part of the Common Law , S.rong v. Elliott 8 Cowen 2S. Swann v. Broome 3 Burr 1595, 9to 66. Cro. Jac. 279, 2 81. 526. There are numerous decisions in which it has been held at common law, that Sunday is not to be counted as a day for the transaction of business, either in the service of notices in rules to plead, or in the payment of, notes. A note falling due on Sunday, m Connecticut must be paid on Monday, in some other States on Saturday; but in none on Sunday, where the common law prevails. So fully is this principle established as the doctrine of the common law that the courts, even alter the jury areempan nelled in a capital case , will not continue the trial during the Sabbath day, but will adjourn. United Stales v. Fries 3 Dai 515, n. — Getter's trial. Earl's trial Lewis Crim. Law, 421. Those decisions were not made in pursuauce of any statute; for no stat ute extended to judicial acts. They were made under the doctrine that the observance of the Chris tian Sabbath was enjoined by the common law.— Updegraff vs. Com th 11 S. and R 394. It is not to be denied that those who established the Government of Pennsylvania were Christians \ and that they brought many of their customs from the mother country, introducing and constantly observing them, in their new home in this country. That the observance of the Sabbath was one of these customs, thus introduced and established, as part of the common law, independent ol legislative enactment, is apparent from their political history. While they permitted every one to worship God. according to the dictates ot his own conscience, it was well understood that this was a privilege con ceded by a community of Christians to others enter taining opposite opinions. Those who were not Christians were protected from persecution for their religious opinions; but toleration of their er rors or supposed errors, did not go so far as to entrust them with the reins of Government. They were not permitted to participate in the making, 'expounding or execution ot the laws of the newly established Commonwealth. In the “Preface” to the “Frame of Government” adopted on the 25th April, 1682, the authority of the government about to be estab lished is distinctly placed upon the law of God, as taught by “the Jlpostle" of our Saviour, u in divers of his Epistles. ' In the “Frame ol Government” adop ted on the sth May, 1682, all officers of government from the highest to the lowest were required to “ pro- Jess faith' in Jesus Christ.” 1 Colonial Records 33 sec. 24. In the “charter of Privileges,’ to in Assembly on the 26th October, 170 L, while free dom ot conscience was amply provided for, so that no one could be punished or persecuted lor his re ligious opinions, care was, at the same time, taken to'preserve to the Christians the power which they had rightlully acquired in the government estab lished by themselves. With this end in view, it was declared, in that char er, that only those who “ preferred to believe in Jesus. Christ , the Saviour of the world, ' were ‘ capable ’ to serve the government “in any capacity.’' The constitution of 1776, notwith standing its strong guarantees of religious liberty, recognised the government as one founded by a Christian people , and required the law makers, under that government, to believe, not only in “one God ” 4nd in the “ Old Testament but also that “the scriptures of the New Testament ” were “ given by Du vine Inspiration." It was to be expected that a government estab \ Ushed by a Christian community would exhibit some traits of their observance of Sunday, as a day ol rest and worship. And accordingly it was provided, in the frame of Government of 25th April, 1682, sec. 22, “that as often as any day of the month “ mentioned in this charter shall fall upon the first * Day of the week, commonly called The Lord's Day, “ the business appointed for that day, shall be de ferred till the next day, unless in eases of emergen cy-”—lnthe“Frameof Government”adopted on the 2d April, 1683, a section precisely similar to that of 1882 was agreed upon. In the'Constitution ol 1776 the observance of the Sabbath wds sufficiently secured by the provision that the law makers should “ believe in the New Testament” as “ given by Di vine Inspiration/ 7 In the Constitution of 1790, although the qualification for office was carried the Sabbath was not abolished. The usage to observe it had .been so firmly established that no direct, pro vision on the subject was deemed necessary. Bui that its constant observance as a day of cessation from business, “unless in cases of emergency” was known and acknowledged, is apparent from the provision that Sunday shall not be regarded as one °f ten days allowed to the Governor for. th* consideration of bills passed by the Legislature.— That this usage with 'regardto the Sabbathsthl exists, and is recognized in Pur fundamental law, is apparent from the fact that the same provision, on this subject which.was -insertedin the Constitu tion of 1790, was’continued m ine’amended Consti tution of 1838, and still-is.iffiorce as a part of the fundamental law. In the- “Laws agreed upon ii.. England” and. adopted by .our forefathers in this Province off the sth the observance ot the Sabbath' is enjoined, “ according to the good ex ample of the primitive Christians % arid for the ease of creation” that the people may “ better dispose them selves to worship God according to their understand ings " Tbe Convention, while forming the Consti tution of 1776 observed “the good example of the primitive Christians,” and, without any statute, or other authority, except that example as adopted and forming part ot the common law, heldmo ses sions on Sunday. The saraepractice, founded upon the same-authority, has ever since prevailed with all the authorities of government, legislative, exec utive and judicial. But it is part of the common law, in regard to the observance of the Sabbath, that a rigid adhe rence to the rule is dispensed with “in cases of emergency 5 ” or as expressed by the statute of 1794 in “works of necessity and charity." When the Provincial Conference of committees of the Prov ince of Pennsylvania assembled on the 18th June, 1776, for the purpose of taking measures to form an independent government, and to terminate the authority of the British Crown, in pursuance of the recommendation of the Continental Congress, the “emergency” was considered sufficient to justify a suspension of the rigid observance of the Sabbatb; and the Report of the Committee providing for the election of Delegates to form the Constitution of 1776, and ti e address to the People of Pennsylvania on the subject, were presented to the conference and adopted on Sunday. When the Judges ol the courts find it necessary to receive a verdict on Sun day, in order that the jury may be discharged, it has always been their practice to do so, and the propriety of the practice is not doubted. 15 John 119. A former Governor of Pennsylvania, whose veneration for the Sabbath and Religion will be acknowledged by all, perceiving the approach, of death believed that the public interest would be promoted by the resignation of his office; the resig nation wife made and filed on Sunday, and all the necessary proceedings lor supplying the vacancy were thereupon taken, without any serious question in relation to the validity of the resignation, f Al though we may adopt the doctrine that a promise of marriage made on Sunday creates a legal ,obli gation on which an action may be maintained, yet the actual consummation of such promise by marriage , is universally regarded as valid, although it takes place on Sunday. . Even the act of 22d April, 1794, prohibiting “all worldly employment or bus iness whatever on the Lord s Day commonly called Sunday,” not only excepts “works of necessity and charity” in general terms, but enumerates as within the exception “the dressing of victuals in private families, bake houses, lodging houses, inns, and other houses of entertainment, for the use of so journers, travellers or strangers, the landing of pas sengers by watermen, carrying travellers over the water by ferrymen, and the delivery of milk or the necessaries of life,” within certain hours of the day.. And it has been held that travelling does not in a tega! sense fall within the description of “wordly employment or business,” although a Cprritr, dri ving his team, in the exercise of his worldly employ ment, would be within the prohibition. Jones vs. Hughes, 5, S. and R. 302. Notwithstanding that the service of process on the first day ot the week is prohibited by the act of 1705, yet the exigencies of “ treason , felony and breach of the peace” are stated in the act itself as exceptions; and the courts have held that an arrest of the principal by tbe bail is also among the exceptions. The observance of the Sabbath is a reasonable and not a superstitious usage. Tbe acts of assembly designed to punish its violation are constitutional, because the power to pass them is clearly implied from the character and usages of those who lormed - the government. The considerations enter into the construction of a nation’s fundamental laws as com pletely as the custom of merchants and the usage of trade govern all .business transactions within their range. The exclusion of persons.of color from the elective franchise under the decision of the highest court in the State, on the Constitution of 1799 stands upon this footing and no other. It is as well established that the people who founded the government of Pennsylvania were Christians, and . not Mahommedans, Jews or Infidels, as that they were white people, and not Negroes or Indians. Resting the constitutionality of the legisla ion relative to the Sa"bath upon this ground, it follows that the claim of unlimited power, sometimes put forth, is entirely untenable. The Legislature of “a free peo ple”—of Christian professions and habits, can neither abolish the Sabbath, nor shift it to a different day. They can neither prevent the people from observing it, nor compel them to cease from “ acquiring pros perity" and “ pursuing their own happiness ” on the other days of the week. The case before us does not require a decision that the government of the United States has also a Christian foundation. The condition of that government is more ambiguous— it employs Christian chaplains for its Army and Navy, for its Academy at West Point, and lor its Congress; while it places on record" in its treaty with Tripoli, the solemn assurance that “the gov ernment of the United States Is not in any sense founded on the Christian Religion.” 8 U. S. Stat. 105. It is far from our intention to treat thi3 as a the ological question. It is simpfy a question of law, and as such to be decided upon principle ority. No preference ought ever to be given by the State—to any particular form of Christian wor ship. The unholy connexion pf Church and State meets, with just condemnation throughout the land. But we must not lose sight of the fact that we and our ancestors “time whereof the memory of man runneth not to the contrary, 57 have been governed by “ a rule of civil conduct” whose home book teachings are that “ all human laws depend upon the law of nature and the law of revelation.” 1 81. 42. If the common law should cast out Revelation, the inevitable result would be the surrenderto Priest craft and Bigotry of one ol the purest fountains of jurisprudence. And the error would be more mis chievous, if possible, than the surrender in excess of zeal, of the Drama, one of the,most powerful engines for good or for evil, almost exclusively into the bands of those who direct it to the injury of the public morals. J By preserving this fountain as Pne of the sources of our common law we are enabled to guard, the streams from impurity, and .to guide their channels in their proper direction for the public good. It is thus that the Sabbath is preserved from intoler ant bigotry on the one side and from iqfidel dese cration on the other. It is thus that its observance is secured within reasonable limits.. And when we consider the numerous exceptions, already stated, from the rule requiring its observance, it is lair to infer that the making of a will, under the circum stances threatening dissolution, is among the excep tions to the rule. It is quite as necersary as many of tbe acts which are allowed without objection. It would be a monstrous perversion of religion, and of the law which is it, to hold that a dying man should not be permitted, for the ease of his conscience, to secure the fulfilment of those ob ligations of justice which may have been withheld or postponed. So farifrom this being the case, the making of a will where justice required it has long been regarded as a duty of religious obligation.— This is apparent from the rubric of tbe Church of England expressly directing the Priest,-where he visits the sick, to “admonish the sufferer," if he hath not before disposed of his goods, “ to make his will," and “ to declare his debts,.iwhat he oweth and what is owing unto him, for the better discharging of his con science, and the quietness of his Executors.” We have'already remarked that a presumption exists that the will was made under circumstances., of urgent necessity, arising from a.belief in approach ing dissolution. This renders it unnecessary to decide whether a will, made on Sunday without such necessity, is valid. It is sufficient to say that there is nothing upon this record to justify a decision against the will of John Meyerj deceased. It was ordered by the Court, that “Judgment be entered for the Defendants for Costs.” Poetic. One ofthe b’hoys indites the following to his'fady love: And when the reverenH sire shall say, '' “My son take thou this daughter?”. I’d answer him in a fearless tone, . I shan’t dp anything shorter!” “ WiU'you my son support any nourish This flower I give to thee J” I’d giv.e my white kid. gfoves a flourish, And answer, “ STes Sir-ee!" : lE7"There.is ; no religion like that of the heart, ■io charity like that which does hot blow it* own trumpet NO. 1.
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