IT* litisfrutAr Gait*
WEDNEIDLY, I.4Baular,'s,lses.
JUSTICE AT LAST,
Yesterday, 'at Pkatiii!lp•
preme Coast of Peanut-mils all the
Judges concuiring, made a decision
restoilpg hi. the Connellarnie Railroid
Comusy, all its rights and knuckling,
'whist were utjustly and cormptly taken
from it by the Ligislature. - This decis
ion makes substantially, an end of all
controversy in this ml 4, It Is true, the
matter Is depending, in another form,
before the Supreme Court of the United
Stuns; .on an appeal taken from the
judgment of the Circuit Court at Vlll
luunsport, which was that: the act re
pealing the charter was unconstitutional
and void; but It cannot be doubtful what
:e i i ultimate decision of that Court will
The opinion of the Circuit Court
w Ibe tontained. Bat, if the decision
of the Circuit Court shall bo set aside,
that result will be of no consequence.
The; decision of the illipreme Court of
this State practically closes out the
while matter; that is, it restores the
charter beyond all peradventure.
This Is a abject in which this city
her a greit stake. DX people have been
4 )
abused and ctio !sled because they
felt they were oo ged, and spoke and
acted in accordince with that convietion.
Justice has been long in coming—long,
is measured by their impailence—and
they hail it i with the heartier tatisfaci
thin. -
Mai adds to the grntifindlon is the
eircienstancis that the decision wns mum
Imola. Not one of the Judges .enter
twined the idea that reason or excuse for
the repealinguet ever misted..
It Is tali to infer that, under this de
cision, the work on the road will bo re
sumed 'end pushed to completion with
the least possible delay.
1=1:11
Mr. W. Mturon Retreats, controlling
engineer of this company,- made, on the
23d ult., a report to the President and
managers thereof, relating to the origt.
nal construction, present condition, and
feasibility of cniargeirient of the canal,
which -has 6111C0 been published in
patiphlet form. He makes the length
of the canal 1801 uglier, divided Inco
three sections; from Beaver to head of
New Castle pool, al tulles; from bead of
New Omsk pool to Conneaut Lake, 80
miles, and from Conneant -Lake to Lake
Pile, 45j miles. The snpp'y of_water
for the proposed enlarged cqincity of
the tires be regards as abundant; and he
estimates the cost of the enterprise at
gL887,734.34. A this computation was
made upon tbo emle of prices existing
some little time age. It may be taken for
granted a considerable less sum would
now mace.
In Erie county Much interest is felt
relative to this mstter; as, also, general
ly along the line of the canal. Indeed,
at the election last autumn it entered u
a prominent - element into the context for
State Senator. I
It is now proposed to ask the Legis
lure to extend its credit to aid In the en-
largement. If we am' correctly Inform
. ed, the plan Is to get the State to Issue
Itnbonds for the amount required, tak
ing a mortgage on the canal as security,
Tbo Intention% we lieltere, to bring
.Idll before the Legirdranre, to this end,
riming the current reaslon.
AcConine* to the Deport of the In
spectors of the Western Penitentiary, it
nowcantains 486 criminal Inmates—the
largest number ever :reached. During
'She year 113 were disclurged; thirty-four
were pardoned; Ave camped, and two
died; so that tho whole number of prin.:"
onem for, the year Was 040. Ls the
prison bas ealy 318 cells,. it is apperent
that two-thirds of the number contain
two prisoners instead of one, as the
/awe direct. .Of course, this makes the
solitary 'system, of I'which so much
boasting Au been heard, a nullity, We
axe not sorry for Dun,. for ;re hies no
faith in the system, - awl think the sooner
it shah be got riff of the better. Bat it
ought to be superseded by IMO other
definite syitep, not by what is in op
: pugnation to all systems. Members of
the present Legislature ought earnestly
to confider this matter. 'The Inspectors
cannot Muse to receive priaonen" duly
committed; and,' :Tanning them, they
cannot retain them in custody in the
"
manner commanded law. An effeo.
Mal remedy ought to he provided foc
"Cali condition. of affairs. -
.
Tux sirup, of Immo county had
lisped on and advertised - for male all the
--- property anti traneidass of .the Union
Vold Company. ate portiOn of this
, property was acquired last year, the
' prise pada being stinci,ooo. The pro
,
pony .of this Company, . situated in
• -
Wayne county. Wail Cad soma weeks
" ago, .the Dahmer*. and Hudson Canal
Company becoming thipErchuer. a,
ilmahtlese will be of the Property located
in Enzerne county.l Indeed, the quit*
ausbabla the Union Coal Company was
- - -orpurfirsl for the express piped or ha.
- its sold out ilia properti and franchises
alarmfalling into _ thei possession - of the
' Delswire and Hurisen Canal Company.
• This will. work as singspentition of its
privileges which it i could hardly have
~- obtained from the itglslatnra.
Tel Marine Hospital of- Brie, Pe.,
wan ineollo rated bythe lest Lees/stun,
andwai granted there hendred acres of
lend owsted by thetate. as a first ap
-promiatiort It 1
is n w proposed to en
ter into contract for he erection of snit
abie building far km:recital protases on a
le contairdeg one I nedred acres, in the
' .city of Erie, a part of .the State e land
-• • grant. Yesterday, . Ilion Biog,. Esq.,
i i
of that city, sad Mr E. R. Po rt er, arch
--- of Beaks, N. ~ arrived . here for
the purpose of rid end inspecting
Xlironont Hospital, ' paratary to adopt,
.'
d r eg a plan for the p oposed new • build
ings- They will it. that institution
• trader and weicel re will be favors
tirimpressed with - general' woven
, lence, beauty and , esculent.
~„
; - Wg - yesterdai me n tioned that one of
the Judges of the 8 prams Court of the
United Staten had
I, tblicly and amsely
•Ismstacal that tha dy of which be is a
member would nprat . the Reeonstraction
Polio of Congress. - Both his matter
and manner deu4nstrated what we
have heretofore. Broad, that Judges
-ate as courhietely Mittens, as editors
• or members of ConPesr, and cause little
be trustaa to decade' Impartial/3r where
• - questions dividing political Prganisa -
Aldus are involved. - On motion of Mr.
13eholield this rePorted tirade has been
'referred to the Judiciary Committee for
Invettigition. If the published state-,
meat shalt be sustained, that Judge
<Wed speedily to be impeached and de
.. • ' pant - , 1 .. .
~
Tel Baltimore land Ohio Baliroad
tcp c
pany, which is the actual owner of
- . epe -- nttabrugh an Connelliville Hail.
l
,• load, Pan azurplus ernes:two millions
of dollars, -II rill tne most disslounii
. Ing eirennunahmi lice refused to divest
. . itself of this propietortu4l even upon
•-•: conditions assuring the tempi's:lon of
-' .-
'- time connection si speedily as possible
.. _ after the settlemen et the legal imp&
' - writ:its: it is, amseqnsuatly, as
to- infer,- since. the restoration of the
ehirter by the Starers. Cortit,that work
'• ''• on the aitifirdshed portion of theline will
- . - be reaamed upon the incoming of yang,
- - and than the werde Ira he partied to
: araapleUrus. at the" wiliest pistil:4lde
Board of Trade. A
• and destined
place, to Ba without
of a Ciounter of
obi, without a red
. - •
.Ears la without
city aroma* ica
io all lauai a • •
thaneamas, •
Comaaareo U 0343
VOLUME L==.---NO. 5
the Bs—
CITY TIME.
In the "Life of Sent Slick," it Ls told
tow that Taifkee politer, when ke found
it impossible by ordinary mew, to in
duce a fanner to buy one of Yis Conner,
bent eloclu, 'would ask permission to
cave it until lais return on Ma "circuit."
The device, It appears, seldom failed
to secure a ctuteater; for the family
which had once &MEC it a ,place on the
kitchen mantle, finding it grow a neces
sity of life, paid the Mock maker hlsown
price, rather than tea the Channeetient
treasure depart on the retuning wagon.
Our'elty Time" seems to be one of
those conrenlencies, which we did not
knew was needed, till we tried it, and
whose value would only be felt, if we
were tweed to the - dome° of Its loss:
L year or two ago we used to look in at
the watchmaker's occasionally to make
sore our time was right (or wrong)
within a few. nunutes; but to-morrow,
when atingle stroke on the Conn House
bell sends the boor to every
,oste, orm
citizens will give lir. RZYD 1111 ,uncen
scions testimony to their dependence on
his accuracy, by the simultaneous com
parison of several hundred. time keepers
with his, whole verdict every one takes
anaL
We are thus =astound to refer
through the tolegragh to our standard
ctock, by which we act our watches.
But what is the clock act. by ? The an-
ewer to this qaestion clutshotr nothing
new to the scientific Testier, bat may
oterailsome who would reply "by the
42,- 4 a matter of gnu% and, In fact,
the idesthst the am keeps time of en
hapesehsble uniformity, seems common
enough even among ;maple of good gen
end educition, to exams tte for assuring
'my one who BO morrows that If he hare
• watch ' , of ordiruiry excellence he may
be sure that It keeps more regular time
than the dam •
It is true enough that we can dedice
the timaby com2utation, when we know
the tune error, but this method does not
give OW most accurate results, and the
reader who cares to know the process of
finding the time, Conn "which, at second
hand, we daily set our watches and reg
ulate our appeintments, should endeavor
to obtain admittance (not many an
easy matter) to 'come of the larger oh.
sanatoria of the country, where the
original-data are obtained on -which is
formed the Nautical Almanac by which
the local time is calculated in all the
principal citica.
We shall find such- observatories,
tarnished with me a ns to obtain the time
to a small fraction of a second, is or near
every large city of the Northern and
Kiddie States, except Pittabirgh; and
an hour in one will probably give the
visitor some n.w Ideas of theremotw
ness of the cases which may effect his
personal comfort, and of the conditioss
of a stroggie carried on by man against
the imperfection of his owe senses.
Who would sappeae that the practical
wants of life would create a demand for
an accuracy in the knowledge of the
time, which would treat I Biagio *scold
of error as lua unpardonably gross mia:
take
Yet an error of a coiiiderable
part of a mile in a vessel's reckoning is
in soma cases cstved *each seeped that
the chronometer is wrong, end consid
ering that th 3 shipping of the awing:fp
depends on this little instrument and its
companion, the Nautical Aimansc, the
.reader may be Ins surprised to hear that
to obtain the Magee that resultihg pre
dictions dull not he one-tenth of a sec
ond in error, is in object Important
enough to cause this Governmens to sup
port a Lap observatory and a corps of
Astronomers at the publio cost.
Uwe suppose ourealvei visiting sack
eh observatory this evealag, toles how
the time is found; we shall pass by Luny
other listrnmente to view the "transit,"
here, a powerful telescope, :minted be
tween two tall and very massive piers,
each formed oft single block of granite.
The instrument is Mall its parts 11 ex
ample of the =tree:Lest accaracy which
Mechanical skill cm retch. Were one
of thcosteol axles on .which it turns, for
instance, one ten.theranndth of an inch
larger than the Zrther;w perceptible er
ror would exist in 'each observation.
Now, "one ten.thentsandth of an inch"
Is here to be andersimi, not as a figure
of speech, but qulta,literallytand accord
ingly, we shall be told that these axles
have been turned with a die:Send, since
the impercsiitible waste of the ficutst ordi
nary lathe-tool, would Wee cm with the
result.
The piers are carefully wrapped in
lockets" to prevent sudden change of
temperature, and yet under the delicate
tests furnished, by the observations thew
agree, en found to alter is height from
day today, • and to sway forward sad
back,'ltry quantities Utterly incuible to
our melded genus.. -- • •
We shall see little of this, at in ana
log visit. The room is dark; there is i
probably no einnenatlon, sad certainly
no fire, although the temperature is far
below tuning, and the observer, who is
lying on his back upon a sort of band
car- with nothlig between bin and the
sky, must have a cold time of it. There
is a continuous opening in front and
above him, through . which the. January
winds enter freely; whatever around Is
not stone and brick is brass and iron,
said there is, not even the ticking of a
clink to break the aileaa. ,
In a few moments we _hear a series of
reps which stem to come from the ob
server, who now rolls hilishif and his
car tick on is little railway which rune
under the Wetmore,' and we may, If we
plaza, examine it: Noticiug that it
points exactly Smith, so that the star' ,
will be seen lust u It crosses the mend.
len we look In. • •
'We shall 'see nothing but a glare of
yellow light, across which stretch Aye
vertical wires, the middle one represent•
log the meridian, while to theleft glitters
the ear, which has lust crossed and
which is dickering as though about to
go out, and seems retreating toward the
Zed with starting rapidity.
The reps ware made by the Observer
se it crossed the wirer, and leaving him
to resume his monotonous labor, we
pass to :• distant room, well lighted and
warmed; where electrielty is carrying
the result of his watehingh
Hen ticks, with slow dlstinctutu, the
Sidereal cloak, the nitimatis port of the 1
horologist's art. It has little peculiar is
its exterior except a dial divided into I
twenty folcritodre end a flash of light,
which springs from the end of the pea
datum at every swing.
Nesi by, with lively nicking, a bran
cyliadzr tune, by equate merlin
hen, once • minute. It Is covered with ' ,
papa; on which a pen traces an endleu
line as the cylinder tarns beneath, while'
St evert flash from the pendulum the
pen is twitched aside, as If by an invisl.
bin hand, sad 10s4nt4 recover! itself,
hiving the line tins km** $ maim'
each of which correspond to a
Lund of the clock.
Whall we look, the observer a:
other end of the .balidlng her seen a star
approaching the wins, and now, though
we cannot bar his distant ups on the
telegraph key, we eta their edict on the
paper before us, on wadi the pen makes:
a • mule as the key is attack, _ and then
another, sad another, till - five an -re
corded- : ' These signal the tons wi t t i lithe
star passed the it. wires to the sit,
the middle ono marking the ragmen of
td passage sums the meridian; and if
w e stop the meciumlsoc,..sed ressoui the
psper, we shall find recorded there the
hour, the minute; the second, 'lull the
• . . •
El V, 7 1;4 T1; 4 4 - 11 - 1 1
- 0
BUR - - 4 7 - 1 ( 111 411- 1 -4 4 `•,'
•
'',
1,11
fraction of a second, when tke star
crossed. ' •
Certain allowances made, the Interval
between the atar'a pasasgee from day to
day is invariable, and if the clock re
cords tdo early a timelbr its transit, the
,clock isslow, always supposing that the
telesl:ope is pointed truly. Slier ell the
Imultiplication of delicate mechanism,
however, it must be plain that if the Wl
esicope points in the to the Ess o?
West of South, the time recorded will
not be that of the star's crossing the true
meridian, and consequently will not be
nght,, BO that any imperfection la the in
strument or adthstruenti will affect the
result.
The peculiar accuracy attained is 'Ate
less to the beautiful mechanism than to
the forecast of the astronomer himself.
The striking peculiarity of the whole
process now comes into view.
The astronomer knows that soma error
lies In each part of the best instrument,
and in Its most careful adjustment,which
will vitiate the result, he seeks, if it be
'not allowed for. He will not assume
then, for example, that those diamond
turned axles are equal; alielufely equal;
he knows they are not; bat he will know
by how many hundred thowandths of
an inch they &der, and calculate by
how much that minute difference has
diverted his telescope from its true
plane..
Thus, that Imperfection Vatich we all
agree theetetiully to exist in the moat
perfect human work, hero ;wooers as
seesitge fact, is hunted down,. and has
Its effect allowed for by mathematical
'computations which adapt themselves to
every varying forms of error until a Anal
result is reached correct to a few hue
dreths of a second of time.
Wo cannot without difticulty, conceive
of any accuracy co great that the sem
of ten separate. mistakes should make a
total of error, len than the time which
elapses between the ticks of a 'clock and
each separate error, be a measurable
quantity; yet this result Is exceeded.
:: not easy to realize, either that
such a struggln against the limitation
which nature setae to sot our senses,
should be called for by the common
wants of life; yet it is in, and we might.
point cannily very, impoitant results
dependent upon it. •
1 To =fine - ourselves to one: it is the
CUM of a difference In the market price
of every imported article that navigation
is Inconthatably safer eir.ce science has
given the seaman the means of knowing
at ill thrice Ida position on the ocean,
and this knowledge is due to such labor
ns we have described.. The Nautical
Almanac of England and America, cal—.
I .'enlisted from these observatories, have
leisured the rates of marine insurance
throughout the maritime world; and di
rectly reduced the cost of every English
pile used in our. workshops, and every
French silk worn by our ladles; and
every pound of spice sold by our grocers.
While last, yet scarcely least, without
them wo should no longer be able to re
ly on.our "City Time."
POLITICAL rrEws
Hon. W. L. Sharey, E. M. verger
and A. H. Handy, lave /been appointed
delegstns from Hisaiisiori to the Demo.
.eratic National Convention.
• —A. Repnblian Sate Convention
'called in Ohio for March 4th, to mood;
'nate State offloers and appoint delegates'
to the National Convention. 1:
-n. H. Lyttle and N.', C. Wilson,
Esql.f have been elected delegates tothe
Republican State Genvention, from the
Ilantincdon, Juniata and Idiftin repre
sentative district, with instructioais to
support Gen., Grant for President, Gov.
Curtin for Vica President, Gen. Har.
instal for Auditor General, and General
Campbell for Surveyor General.
—Senator Dixon eipresses s fear of
the Democrats losing the neat election
in Couneeticut. He says that there are
a large amount of bonds held by wealthy
Democrats all over the State, and that
the Democratic party In the West 13 de- .
tern:lined to commit the party to pay the
bonds to greenbacks, and on that, he
says, they will lore all hope in all of the
New England States.
—We learn from the Philadelphia Led
ger that the Pennsylvania Railroad Com
pany have conveyed all the hoe of canals
from Columbia to Hollidaysburg to the
Pennsylvania Canal Conspany. The
consideration money expressed in the
deed' is $%610,000. One of the objecte
of this movement, wounderstand, is the
enlargement of the canal by a speciil
.
company, and one of the good results
hoped for is the greater maniere certain
facilities for the - accommodation of the
heavy tonnage from the various coal
ragtime that now find outlet by way of
the'Pennsylvania Railroad.
—The Waahington correspondent of
the Philadelphia inguirer says that
'Conservative Senator who recently cell
ed upon President Johnson toned him In
siery peaceable disposition, with not
the slightest indications of any warlike
tendencies, except upon General Grant,
whom be charged with 'considerable
warmth as haring sold out to the Radi
als. He says be has concluded to allow
Stanton to eerie out the rest of the term,
but he is determined ho shall hive no
more power or duty than is conferred
tiros Idin by statute. He says he would
like to put some one elm in the . War
Department, but he has teen assured
that were he to send en angel into tiro
Senate for con4rMaticno • they would
quickly throw the name back marked
"rejected," and No ho does not wish to
give them any more chances to offer him
an Insult:
IT to utonishlng what ludden cowrie:
Ron and. repentance has been wroucht I
in the minds of members of the Legisia•
tuna 14. the decialon of the Supreme
Court in the case of the Connellsville
Railroad I By a unanimous vote both
Rouses have Consented to do a plain act
of justice which it li probable neither
would have done at all, if their refusal
would have • hindered the, consumma
tion. Since the doing of wrong in this
special thing can no longer be made
profitable, many members are stirred
with' an irresistible impulse towards
honesty!
Iv am been maintained by certain in
dividuals on the eeotern tide of the
State that the restorallon of the Con
nellaville charter, and the consequent
construction of a direct line of railroad
between P.t.teburgh and Baltimore,
would' damage . Philadelphia and the
Petu3sylvaula Railroad. The stock
market at Philadelphia, which ought to
be lamas a safe criterion in the case,
tells a different story. The dares of the
Penneylyenis Railroad Company have
decidedly advanced fa price aiaco the
decision of the Supreme 093tri,
—Mount Veamidua, fangs n special
dated Naples, Jan.:Vtb,) which bas
continued In 'eruption with greater or
leas hatenalty linos Its *animal:ice in Um
pastgear. boa culminated in an unusual
and relgTatal patutrophla On the Zath
the side &bleu)* Veefi,ll.l2 371:1 , : , right
sproitetp gain or 'Castello Oeoults.
one tutitiottioitS of jvaplla, BMW
led between the Raj.`! Nat*, NA'. On
sea, fell, tumbling outward, `deta..:::::r,
portions of several hones; built In the.
vicinity, and overwhelming carrhictk
and other conveyances Dossing on the
highway et the moment. The scene in
melancholy and fall of ruin. The road'
running in the neighborhood of tho vol
cano is Plied with rocks and earth,
which had Just famed • part of the
mountain. This eithrooniltutry event
has also been attended with conaidemble
loss of Ilk), Put the number killed has
not been asorrtalnett.
-10 is slated the Congressional Ways
and Wane Committee loss decided not
to reduce the tax on whisky.
POWEES OF THE ITEM r; LOUIVF.
Speech cf Hon. Thomas Williams,
=I
lathe Boogie of
nary 15.•1148, on ins BM Declaring
went nnnill Venninnate s quorum or
21: rsTatt:trr i g eV° to "
•
Mr. Wthmawis, of Pennsylvania. The
oblect of the amendment reported by the
committee' to the Senate bill is to pre
serve this Government in its original
Spirit, and protect its people In the en
joyment of the rights intended to be se
cured to them by its fundamental law,
by protecting that law as well egelnet
the encroachments of the States an front
the ambition or infirmities of Its accred
ited expounders; acting through the
more insldions and alarming process of
judicial construction, which is BO often
but another name for judicial legislation.
The purpose of the 'Amendment just
offered by me, which is no other than a
copy of the bill that, under a feeling of
profound alarm for the tran4Fllity of the
nation and the preservation of the jest
balances of the Constitution, was intro.
duced by me into the last Congress, and
again renewed and referred upon.the in
auguration of the present one, is to make
that protection sure by exacileg , the
highest security that the authority of
Congress can demand and the nature of
s i i,
the cire.mitances will admit.
To this end It provides that no lesc
than a full bench shall Sit In jud ent
upon the will of ;the people as declared
through their Representatives, and that
nothing short of the consentan cone agree
meet of the favored. fetv, holding their
places by appointment. of the Exceuti ye,
shall nullify that will, by breaking the
scepter of the law-giver, and striking his
ordinances dead at his feet. .
The amendment of the committee,
while it accepts anti incorporates the
prineiple enunciated in my bill; and so
tar challenges my approval, reduces the
scemitrprovided for by it by/ compro
mising one two.thirdvote, which, un
der the present constitution of the. du
prase Court. would add one Voice only
to the number now required id undo the
work of Congress, end give, Perhaps, a
new law to the people; and in uos, I
think, falls short of the necessities of
the caeo and, the high requirements of
public duty..
The difference, then, is only one of
measure or degree—s mere question of
more or less—between the highest possi
ble security and an inferior or lower one.
And here, I think, it may be affirmed
with confidence that the legislator, hold
ing, as Do does, a public trust, „and not
(haling noon his own account or for his
own private interests alone, has no ob.
&Ants diecretion, no choice, indeed, bat
to take the higher and superior. di-g
-emming the need of a guarantee for the
public safety, ho cannot, in my judg
scent, demand too much; his only ques
tion is what is within the range of the
possiblek When the gnat interests—
perhaps the life—of a nation are in
volved, I take it to be Dia clear duty to
mate no security, but to
M=:t===!
Awl tato a bond carat."
The point once admitted, as it is here,
that we may require any more than a
matority. the whole question is serren•
tiered. If we may exact two-thirds It is
transparent that wq may exact the whole.
And who shall say, if we may do th!s,
that the lowest security which the coun
try shall espy shall be less than the
onanimity of the jury box t If that Is
practicable, why not insist op:ft it ?
To these questions there can be no an
swer except that it is unreasonable, or
inexpedient and unnecessary - . But is
this so? Let ns examine. t
it is not certainly unreasonable to in
sist that if the judgments ofinerheps two
ntrudrcd representative wee, of the elite
st ti e nation, drawn mainly from the
legal profession, and embodying a large
nertion of its wisdom and experience,
are to be overruled by a little conclave
of some seven or eight not chosen by the
- I ,oule at all, arid no wiser or better th,n
themselves, the oracle whose nod
tl aimed to be Null to the stamp of fate i
shall give out no discordant utterenus.
The wisdom of that common law which
was claimed by our - ancestors es their
birth-right has ordained that the life,
and liberty, and property, even of the I
tumblest citizen, shall not be taken ;
n way without the rumnimous verdict of
/I jury of his peers. Who shall, say that
the life of a gnat State, the liberties of a
great people, am not entitled so the same
erotection, and that ,four or flee men out
of a body so constituted—nay, even a bate
majority of those foto' or flve—shall do.
tennine in the last resort, and without&
any appeal whateyer, the extept of its!
own charter of freedom, in defiance of
the sense of the millions who, under all ;
'the forms of the Constitution, have de
clued their sovereign will?
I did not regard it as unlikely that the
preposition, which I bad the honor to
introduce nearly • year ago, would
startle the profession at first sight as an
alarming innovation, and I am not sure I
that this expectation has been entirely I
41sappoleted. . It could scarcely in the
eatura of things be otherwise. Lawyers, l
who ran In grooves, and are 'educated
into a superstitious reverence for preen !
dents, and so often—l may say so pro. I
verbially—fall as statesmen,
because I
I they lack' the bold, original; and Pro
-1 emotive spirit of a Mansfield, ate always
averse to untried ways, • and always
ready to denounce the idea of reform or I
change, whenever it goes to matter .of
substance and beyond any mere qua.
lion of form, asspernicious novelty. !
Man of this sort will fay, perhaps, that
there is no case where unanimity of sen
timent has ever been demanded at the
hands of any tribunal ona question as to
the meaning or affect of a covenant or a
law, and taking their position there, I
maintain that the thing is improper on- I
ly because tnere is no precedent to war- I
rant ' .
And yet if the law, as claimed by Its I
1
! professors, is only reason and the eery
perfection of it, and if what is not reason I
! is not law, it will be found, on the spell.
cation of this test, that there is nothing I
in the requirement of unanimity to con-
, filet with that idea. Whatever weight I
considerations of mere convenience may I
be entitled to in ordinary cases upon
questions of merely private right be. ;
tween man and, man, it cannot certain- ;
ly be affirmed that there is anything un
reasonable ia.the proposition that uuan- I
utility of opinion shall be required where'
the tribunal is a amair.one, and It Is
sought to overthrow the judgment of the
millions, speaking through another and
greater organ, on smatter that concerns
the well-being of the whole, sad Perhaps
the very existence of the State. The
lawyer who cherishes the old and favo
rite hypothesis, that what We every day
realize to be the most uncertain of all
things is always absolutely certain can
not very consistently complain that tho
meager priesthood, which • ministers at
the shrine of an oracle that claims to be
infallible, should be expected to give out
no divided responses, and scatter no
anibigutus voices among the worship.
psis but, on th e contrary, en all vital
ro sties's. at least, should blend all its
givings into one sublime chorus of I
universal harmony. In matters of faith, I
where the infallibility is the rule, such
co nsentaneity indtsperisable. If the I
successors of the fisherman, along with
the triple crown had worn a triple head,
the prestige of Infallibility must soon
have disappeared. With seven or eight
heads - the faith' must necessarily have
perished under any other rule then that
which ill proposed to be enacted here.
'lt is only necessary to remind the
lawyer himself that there , is an analogy
to this in that time honored institution,
the trial by jury, which, although gen
erally referred to the great charter of
English liberty, antedates the records of
our race, and Is imbedded In all our con.
i stitutions as the palladium of 141 our
rights—the ono great pre-eminent de
fense of private and. public liberty. It
was not enough that the person and
property of the citizen should be walled
round by the protection of his poorer
Even that security was treated u inade.
guide without the unanimity that con.
dlittltes ass ityeellence. It was, sUll pos
sible that seven *en out Of twelve might
bo warped by prepultoe, misled by igno
rance, imposed on bicunning, corrupted
by money,. or eeduced or overawed by
Owes. The info and liboity and PtoPor -. .
ty of the cid= were net to be trusted
to the keeping of the majority, or taken
away except by the unanimous
all hisindgea, passin? ip criminal CM/
wet upon the fair as upon the facto.
as is the glory of England, as it Is the
jout of Americo, that not one of the
great natural rights, whose protection is
'the only legitimate Object of all govern
ment, shall be 'disturbed, even In the
smallest particular without the cunt.
mous judgment of j larger bench than
that which claims toby a divided
vote, upon the fundamental pass,
ntal law of a
gra. t nation, and in effect to MIMI), that
law, or to make it ssppeeak in accordance
with Its own imperUl Wheats: Who, I
then, shill say that there is In this
amendment anything'unreasonable or
"unprecedented, or any lapin* from
PITTSBURGH - . WEDNESDAY. FEBRUARY 1868.
the analogies of our Constitution; or that
a nation may not borrow to lie extremi•
ty, for the preservation of Its life, the
securities it has already thrown around
the humblest individual and the lowliest
home? ,•
If there is anything that leitranscen
dently and intiefens.bly unreasonable, it
is in th 3 boa that it should be compe
tent for even any seven or eight men,
however exalted, and with like passions
and infirmities as ourselves, either to
legislate away by constructitim thetreal,
charter •of our liberties, or to act aside
decrees of the high councilor the nation,
embodying, as it always does,' a large
share of the intelligence and all of the
malesty of a great people, and in effect
to land everybody but itself. • That is an
anomaly necessitated, perhaps,Lby the
fact of a written Constitution, bar still
an anomaly that may well startle us, in
view of the _possibilities that, are so
strongly suggested by the present-Condi
thou of the notion, 'wherein its 'highest
Judicial tribunal ie invoked and depend.;
ed eport, int a powerful, nay, a reeistless
auxiliary In the war waged by the Exe
cutive against the power that is intrusted
under the Conethution with the making
of its laws. There was a time when it
was serious'y doubled 'whether there was
any authority lu the Staten or the Uni
ted States that could declare an act of
the ;antmaking power to be invalid be-
Patna it conflicted with the conatitutions
of either. That question has been set
tled affirmatively on grounds that may
be, pernsps ' conceded t 3 be unanswera
ble, and which I will not, at all events,.
attempt to controvert- It was apparent
ly the. logical end necessary result of an
antagonism between a stiperlot law and
au !Meier only which could hot be re
conciled without the surrender of ono or
other of them. Mho fundamental, and
of course the higher law was not to pre
vail la such a swift, the Constitution be
came vaineless as a limitation, which it
was intended to be. It was not without
reeSOD, however, as we 'have occasion
from very recent esperienoe to know,
that the jealous and watchful and saga-
Sous Jefferson referred, again and again
to the power claimed for that tribunal, as
involving the establishment of a judicial
oligarchy in the land.
We look in vain to the country from
which our Institutions are derived for
any example or each a power as this over
Ps constitution and laws. The royal
negative, It IA tree, may suspend the an
lien of the legislative body, although in
Point of fact that prerogative tau slept
for near two hundred years, but it set
tles nothing in regard to the powers of
that arm of the Government, end only
stays its operation natal the might of
public opinion cornea back to bend inn
royalty itself before it. No Wahl
court, even the most ancient end vener
able, walk stilts historic prestige and all
Its array of learning, hue ever ventured
to set limitp to the authority of the law
giver. The appeal is not there freed
Parliament to the comae, but practicelly
from the courte Ithetsaselves to Parlia
ment, as the highest of them all. And
well and faithfully , has that great depot
story of the unwritten lowa and customs
- of England; which constitute the tele
guard of the liberties of Its people, ob
served and performed that responsible
and exalted trust: In the custody of the
courts they would have sickened and
6ied under the withering influence of
- royal favor. The history of that nation
proves kburelantle that M all the strop
glee between prerogative and privilege
she supplest Instrument' of tyranny
have been the judges.. But to
the honor of the "Legislature' be ..
it said, tint no decision has ever
been made by them which violated the t '
instincts of the Saxon race, by breaking
down its landmarks, or traversing its
greet maxims of liberty, by Impinging
upon the natural . rights of the subject,
that has not been eventually reversed by
the Commons - of England Id Parliament
assembled. And thee, without a write
tea Canatitinfore with no guides. but
ilo:se - high instincts, Mose hoary and
venerable customs, and those hallowed
traditions of 140 past; which, handed
dawn, as. they heed been, from sire to
roe, from prehistoric ttmee, nuke up the
b4dy of t hee common or customary law, I
the liberties of Englishmen; so wisely
I reserved for their own keeping, have I
; haen perpetuated fromgeneration toren•
i eratlee, not only unimpaired bat en.
I :arced, Improved, developed, ' end I
I strengthened by the flow of centuries.
I they have not learned, the royal lesson
' of the last Presidential campaign, which
1 is still rehearsed and niterated even
here, that the danger of tyranny is from
the ninny, or, in other wortle,lrom them- 1
ECITCS, and that they reqatred the vetoes
ot a king, or the supervisory power of a
Court, to instruct them as to their rights,
and protect - them from themselves.
fliers have been none among their rep-
I resentatiees so deficient In self-respect as .
f to abase themselves in the presence of
1 any court; none so . unappreciative of
/ their own high trusts, or so forgetful of
1 their ofileial dignity, asto Insist, or even.
concedr, that there was more wisdom and'
Icaraingj and virtue concentratal in any
l.aady of seven, or, eight, or even
twelve men , in Weettninster'Eall, select
! ett by the Crown, than was to ber found
I in the multitude of counselors that rep-
I raeent the people of a great empire. The
! Parliament or England is the guardian
of the liberties of England,. and =not
! betray those liberties without efirrender
i log Its ORM And so, too, with onr.Con-
I slitutlon and all of value It con stns.
When it ceases to be safe in the bands of
all the people, who bait a common in
heritance ba its provisions, it le Idle to
t hope that it can be locked up securely
t coder the custody or any seven or eight
men outside, as so many- doctors of the
Sanhedrim, with 'the high nrerogetive
of reading and interpreting •It to the
people, as the imperfect judgment or the
mere caprice pf a majority of them may
determine. TM, atatesman., who holds
that we menet safely trust oureelves,and
that our only security Is in such :. gum ,
deinehip, surrenders the Idea 'of self.
government as a visionary 'sad itoprite
tit:able thing, and confesses that a pad.
cal State cannot exist without a master..
That is an ancient superstition. 'Wise
men of old and some of. modern. times
h,ve entertained' it. 'The ;world has
generally been governed ,
"under it,
often bps hierarchy. It was supposed
far a long time Urbino been exploded
here. It is now revived tinder the in
spices of the Demeens le party--once so
hostile to this rer,ime—in the Idea that a
sort of hieratic college—a priesthood of
a new rellgion...-a little oligarchy of law.
yere--is the only depollitory of the
;supreme power of the State. The dif- I
femme is only between an detarchy and I
a - monarchy—between eight sacerdotal
masters-11 sort of conclave. of superan
nuated c,rdlnale—in wigs. and gowns,
and a single royalono in purple. ,Wlth.
out disparagement to eitherof these high
professions, and certainly with none to
that to which nearly forty 'years of my
own Ills have been devoted, and which
is now 'ought by some to be dethroned
at this. Capitol as the absolitte master of
the State, I must be excused for think
ing that, however flattering may be the
offer of the crown to us, many people
Would, perhaps, prefer the purple with
all its attendant *lenders,: to t.tui cable
regalia of; either the priest Dr the peda
gogue. I. . r•
it it has been found, however,that the
liberties of iingllatunea could not be
safely trusted to their courts, hoW much
lees likely is It that ours, as a people,
can be confided seftnty to this acme
hands here. it easy be Bally said of the
jetliciaiy of the mother-land, that linen
the era of the groat Revolution, for a
period now of near two hundred years,
there hive "been no telly:Ws among
.men that have been dance exempt from
the frailties of humanity. and 'hue more
nearly approximated to the idea of nn
eg.wisdom and perfect justice; and
i Isto the feet the% the higheet goon
of the profession are only, accessible to
the highest excellence, that there are no
loltier rewards to icmpt ambition; even
the most restless" and Insatiable, and
that there is a homogeneity among its
people which frees it from,the adultera
tion of foreign and inferior ethnic ele
ments, that it is indebted for these ex.-
alted qealittes, • No faverttiam lutes In
the selection of its judges. The leader
in the forum stops by an admitted Fright
of succession into the fleet Tammy on
the b l ench. . It Isscarisely withle the
power of the Cretwii , ffselr to disregard
ibis rale In Its . appOurtinerda. TB Peas
by the trained athletes, and .alngloroat
even the greatest of the- parliamentary
leaders fgr tech a Piece, would shock the
moral sense of the whole -realm. Not
... entoetnnately, with eel
I There le, perhaps, scarce a P.onirese•
map or •Csbinet calker, who hes been
long enough in public life, to unlearn all
of leer that he ever knew; whose mod
esty wood prevent hint from seeking or
accepting the mantic, that be. fal'en from
the shoulders of a Marshrill or a Story.
It is not to the lenders of timber in this
country that the tonorsof Besprofession
are eentrilid, as their untilepttted.rlitht;
and thly Oa f perhaps, its sought by
them, for the Inman OS Ulf nswirdi are
dot commensurate with the earnings of
they higher claim of professional men.
And therefore 11 Is t h at the :bar is in
most cases superior to the bench, le it
cannot be where the - cisme prevalent
selecting. the judges from the ablest of
I Its members; ana therefore Rio too, that
1 the spectacle of a divided court is, of
late years especially, se contemn a thing,
f y
is rho exception rather,
than tho rale and lawyers themselvea
are startled at t he idea of prescribing. a
condition that to them seems impoulble.
I take leave to say that It ;a no more im
possible Man the harmonious agreement
of ojary. Itha questions of facts alone
that are the Tat fruitful sources of dlr.:
Terenceferen anion men.. In matters of pure
science, as the law is sometimes claimed
to be, there th no great room for contrci
tersy. High culture and thorough dis
cipline will go far to secure accordance
in °pardon. , The best hiwyers will be eel..
dom found to differ where they're agreed
upon . the facts. It' is only the pre
tenders,the more Wolin', that convert
what ought to be the temple of concord,
into an arena of perpetual strife, on the
bench as well us at the bar. .In the
long 'term of thirty-two years, during
which Lord Hanideld presided over the
Court of King's Bench, there were, if
my recollection serves me right, but two
cues of division among the judges of
that court=-one the case of Heiler as.
Taylor; upon tie great question of liter
racy property, and the other that of Per
rin es. Blake, upon the application of the
rule in Shelley's case—and no reversals
In the ;Exchequer Chainter or in the
House of Lenin,' except in those two
cases, wherein the dissenting judge was
Yates, who was decided to be right lo
both. Another Tates I might soya the
Constitution , hem against oven - the err
rors of another Heasteld by the &don,
tion oftthe proposed amendment.. - And
what la there, in view - of this striking
chapter:pf judicial history, which is on
ly einglbdi oat by way of illustration of
the general harmony 1 that prevails in
England. to prevent the achievement of
the saute result with liquid who is there
that will consent, until it is accomplishadt
to trait the welfare and the very - asld.4
cam of We nation to ouch an arbhrar
meat? • ----- I - ;
But it is not the want of professional
training only that makes the difficulty
and thedanger here. The judge, with
us, isnot so much a lawyer as a poll-I,
Rebus. The chances are that his poliH.
tics, and not his knowledge of the law,'
have made him what he I ; and Displace
ha has sought and won is, perhaps, but
tho stepping-stone to 1 a higher one-H
whict a be covets more—whenever he
shall vs recommended. himself anflici2,
Maly y his conduct there, either to th e
President or to the pony to which he
owes; his staltation. • Without any of
the etindtdu mill, the devotion to his;
proper Calling, the high professional
pride.that always results from high pro-,
Dulothal training, he sink* the lawyer
to the ,politiclan, and !carries into the
temple of Themis, where no divided
worship Inadmissible, ;all the prejudice
of pettyind all the spirit of the local
and semi net dem:agorae. It is idle to
talk. of our courts of justice as merely
judicial inatitutiona. !Disclaiming ost
tensibly all jurisdiction over political
questions, they are as thoroughly poltti
ad in their texture and, spirit u the two
,
I Hems of Oceignes themselves, over
whose atmosphere or inlets and storms
,
, they are ,opposed to lint, like Intern
bodied spirits; In the Icelestial light of
an unclouded and stabiased reason.
Torn-to the history of our .jurispnid
enCo, Bute and national, and what
do you see but the I reflection of the 1
potations of the party which happens for
- thatime heirg to have tha ascendant In
the. courts? Fortunately, perhaps, for .
the welfare this nation, before it vas ,
;well hardened into the consistency of an
organized Bute, the plastic hand of the
`party that favored the covenant of Union
sea invoked to put its impress on the
, work and launch it on Its high career.
If the old Federalists, however, carried
I-
to the bench one set of - repletion"; the old
Ttopublican brought with him another.
With the growth - of slavery the State
rights Democrat, drawing his inspiration
mainly from that unhallowed inautntion, 1 .
I took possession of the State and Federal 1
courts, stealing away, raven in the frier
Commonwealth of Pennsylvania, the
chartered rightd of the ; black man, under
the miserable joggle that the word "free.
Iman",did not Mean a thee Men, but la
1 white men, and maintaining Its power
here aird ire the States
I
es !until that power ,
culmineted and carried the country !
1 down-into rebellion and main, in the'
1 monsoons paradox that slavery and not
freedom was the law Cl this Republic.
Arid,,that lour millions I of its native in
habitants were but aliens and ontlasik.
with no rights that a white man was
,
bored to respect. 1 - 1,
When the echo of these opinionstarate '
back in'ihe roll of the i war arum, and
'
the threaders of artillery that 'hook this
Capitol, the Supreme Court of the Uni
ted Stater, startled, as It no doubt was,
by the ! unexpected result' of its own
work; with one defection only, main
tained its faith to the Union by adhering
to the Government, affirming its powers
of self conservation, and recognising the
belligerent reticles, created by the war.
It could not well hue been otherwise.
Its dignity, its power, In mir7 Is
tens, were involved In the preserved n
of that Union, whose Integrity wee me
naced by the retolt. Hot so, howeter„.
with ;the party judges of the Stales.
While it was no longer safe to question ,
,the power to coerce, wherever a demo
cratic judge was found, he was almost
cure to cast his vote into the southein
scale by *denial of the means, while the
1. Republican judges of" the loyal States
'erecter ready to en - orce the legislation
of the governments, both Federal aid
!Bate, in aid of the war. Thu in Penn- '
intrude, when It was proposed to - arm i
the soldier with suffrage in the field; in 1
order to enable him to votact himself
from "a Are in the rear , the cot:onto.
tionallty of the law ;enacted for that
purpose leas denied 1 by a democratic
I court. If the right of, he Genera/GeV- I
ernment to compel the military service i
of its citizens In its darkest hour was 1
' 'sustained even upon the, anomalous and - 1
, extraordinary proceeding of a bill In ,
equity to enjoin the draft, hurried to en
[ argument against all rule before a hill
bench, in midsummer 'and out of term, 1
while the rebel made" wen thundering
at oar very gates, and pressing in ler
lied columns upon the Masi raid of Get- ,
tystarg, t by the Supreme Court of the
game State, it was only through a popu
lar election • which deposed one Demo
cratiajudgo, and the defection of another
who preferred his country to his party.
If :the legal tender act, which provided '
hi the nation's extremity the rtherre of
war, cod fed and clothed the galisat
volunteers who so - freely offered their
young line to the saved cause of liberty,
was .saved from judicial condemnation
In the Mee way. And now it may he
added, since the danger has simaraditlY
passed away, and the 1 judges of the Su
preme Court of the United States, lately
united and cemented together node: a
feellogof common danger, have come to
feel that the Federal 'judiciary is saved
Along with the Cajon on which it de
pends, they are Druid to divide stain
according to their original political cow
nections and proclivities, upon the valid
ity of.the test-oath, [ the military corn.
mission; and perhaps- Others of the
important measures of self.przterration
and defense that contributed so largely
t o carry us successfully through the war,
while It ill - nOt to bo denied, that if the
authority - of Comma is not ebsolntely
menaced at this very moment from the
same direction, this body at least, lf not
the whole country, le affected w thy. the
deepest alarm by rumors of kcomttne•
tier' between the Executive and 1 the
courts Tor the overthrow of the testae
tire power. .• I .- -
Alknr ma , to remark, however,• the
m what I have just aid in relation to
the decisions ot - the curia -I have ; not
Intended to inquire who of the judges
involved - were right and who were
wrong, because It is not necessary to tha
argument, and gentleman on the. other
side, to whom it Is equally addressed,
might differ with me as to that. :The
object I have in view just harp is only to
make good rho allegation that the decis
ions ;Of the courts, on. constitutional
questions especially, , are almost inner
bly governed by the party affiliations of
the members, and therefore not so Much
the , judgments of , lawyers as of Ohliti.
cisme. If the fact be go. it is, of Ounnini.
and must forever ble Be e rthe tnaltationa ot
party Lod wlth the changing WM
doieope of polithat, crntirely fatal to the
Wee tor , uniformity of . de: Melon, and
nothing is ever to tie settled, as Earthing
aPParently has been settled incentioiert-
Ibly heretofore. Assuming It to be true,
moreover, there is an end of all argu
ment' in support pf the judgment of a
riividid taut, If there ie not an end - of
all apology for 404
0 eyeu its total.
moue decisions on questions of ormalltu.
timid law as conclusive upon Congress
and the people when they are not even
1 conclusive upon themselves. i
It was a grave error,therefore,l is I
honestly think, on the art of the Murk
ers of the Republic; when they departed
frond the example of our. British ancei
, tors in airing plans to ash se anomaly,
instead regorimit thd liltimad lads-,
1 meiit. In all such payee to their ounottsp.
respetitives, or at leastrartingthser
control °Teethe judiciar y , thamettod
ofsddress by two.tblrds of both Houses,
WWI w as provided - In the statute of 9
William ILL, and hasliven copied by j
some of the State Constitution;
of relying only on the inadequate rem
edy of Impeachment, which corrects no
error, however vital, and leaves the der
faulting Judge to shelter himself. under
the plea that he erred 'from Ignorance
only, or without corrupt intent. .To
meet this dUllculty, however, I have had
the honor to submit it constitutional
amendment to • the same, effect, In order
to maintain the just authority of the law.
making power, by bringing the Federal
judiciary within the .reasonabla control
of Congress, with mch qualifications as
will guard It sufficiently against abuse,
which I propose to bring to the notice of
the House at tame more favorable op.
portunity. • • .
lune:dug, however, that the power of
review is properly lodged with the Su
preme Court, the question Is whether
the limitation proposed would be a
proper one, That it is so is, I think,
demonstrable from wall settled princi
ples, and as a logical result of the decis
ions-of the court Itself. . •
- It Is admitted on all hands that gnu-
Wm* of this sort are of ; great delicacy
and ought' not to be even heard, except
itt the presence of a full bench. This is
the rule In 'Penesylvenie, and perhaps
everywhere else, and the,practice of tho
Supreme Court of the United States is
ahown by the_Reporta to be In strict ac
cordance with IL (6 Wheaton.) There
can be no possible objection, therefor;
to so much of the bill as merely Imparts
the unction of law to what Is already re !
cognized u a rule ;tithe Court. -
Hut the rulings of thei' courts do not
stop short with the concession. of the
principle, that cues of this nature ought
not to be heard exceptilrefore •11 - full
bench. It. is still further admitted, as
well by the Supreme Court of the United
States of by the judicial tribunals of all
the 'States,' so far as I 'am acquainted
with them, that ife set of the law making
power ought to be declared invaild on
the grounder candid with the Conett,
talon, except in a.very clear case.
(Fletcher es. Peck,.6 Cranch, 128; Reap.
vs. Duque% 2 Yates, 492; Eakin vs. Robb,
19 B. & It) In the Mat named cue
Judge Marshall says, in delivering the
opinion of the court: • I
"The QUIN. ill= whether a law be voldlor
Its repuenaney to the Constitution is at. ell
times • QUIMIT.IOII of much delicacy, which
ought seldom. If ever, to be decided In the
adinnstive toe doubtful ease. it la 0 , too
slight Implication or amine coefecture that
the Logistatore Is to be presumed to have
truer/ended Its powers and Its acts to be
eansidezed void. The opposition between
the tenstltisUon and the law should be loch
that the Judge feels a clear and strong con.
110tIon of their incompaubuity with each
other..
And_ this . % reason. When we look to
the fact that' every law enacted, by the
-Congress of the United Mates must peas
the ordeal of a bench - of, judges In the
Judiciary Committee of each House: . un
dergo public discussion and s.cruday on
the floors of both; ho affirmed by the
votes of at least one hundred and twenty
men, comprising among t I
hem a large
number of lawyers' of great experience
and ability,ned many of them at least
the peers of the judges of the Supreme
Court themselves, and then either ap
proved by the President; or reviewed
and affirmed upon objections made by a
two-third vote, it would have been cur
pricing,
indeed, if the court could have
held any other language fa regard to it...
When they say, however ,!that the case
must be a clear one, they affirm by an
inimitable logic the principle of my
amendment. lio cane can be said to be 1
a clear one where ergo one out of
.eight judges dissents, as no decision
is remirded as an Unimpeachable au
thority, even in an ordinary- cue,
where there has been- a division on
the tench; and mane a fortiori ought to
be considered la a case of that sort as of
any weight or value 'whatever. It may
be that the dissenUngjudge is, as in the
cue of Tates, tho ablest lawyer of the
number, and therefore it is no Consent
thing to find, es In that - of thistle in the
Deed Scott we, that the 'dissenting I
opinionie the more thoroughly coned ,
erect and satisfactory of the two. It is
notntere brute numbers that ought to
prevail In the forum of. reason, or In
otter words, of law, which la supposed,
to be the perfection of It.. The vulgar
idea of a majority . ic numbers, which Is I
only properly adtrassible on grounds of
concerdance If not necessary, became in ,
the case of conflicting wills it to impos
ethic
that both can prevail: - (1 Tucker's I
Black Commentaries, ArMendir 188- 1
In; 9 Dan Abridgt 87-431 Story's Com.
mentaries, section 330) has no proper
place in the comparison' of opinions. I
which are not to be bested, as Tecitna,-I 1
thhekompresses it In regard to the great
imamate of the Germanic tribes, by
numerallon,lint by weight. It follow',
"however', front the them' of the court
itself, that the law, . which Is -but the
voice or the people apemideg through
their Representatives, is entitled to tee
benefit of every doubt, and ought not to
be pronounctd unconstitutional where
there Is any dissent whatever; and so
they must decide if they would be con
sistent with themselves. The effect of
this amendment therefore Is only to
hold them to the logical consequences of
a doctrine which -hat been,..4ll4inctly,
emphatically, and repeatedly coneelated
by themselvea •
We are so' much accustomed In this
country to the idea of a majority, u the
fandamental one on which all republican
government mut practically- rest, that
we are apt to suppose Wilt bat its own
foundation in tho very nature of,things,
and that every departure from it mutt do
violence to the letter of oar institutions.
Allow me to say that this is it great mili
tate. The idea Is exclusitely a' social
and political one.' There Is no' such
thing in nature aa the right.of superior
numbers to govern the inferior. Mr.
Barka, whose richly. furnished, com
prehensive: and philosophic mind was
brought by the' leading events of his time
to the exploration and analysis of. the
groat principles that Be at the fccanda.
don of all gocernment, helds this lan
guage in his "appeal from the new team
old Whigs:"
We are so little unclad bytalogs which
are habitual that we oonnder this Idea of •
majority esti it were • law of oar original
nature' but mutt oOnstructive whole. maid
lag In • part only, Is sae of ttiellialit violent
lulus of positive taw that hes .ever been
or can - be made on the principles of arthi
olal buntrporall . 93._ "Lot' meter, ea.
tore knoiri . itothlig gilt. nuaremen, even
when arrariged' areordbur to Weil order,
otherwhiethattairery longtralislng, brought
at all to inbuilt to it • • •
"Thls merle of decision' where wills may
be so Pearly equal, where amending to cir
cumstance* tne smaller number may be the
'strewn force, and where apparent• reason
rosy be all goons aide, and pa the-other
little lees than impetuous &wade; all this
mettles the mutt of • wary special maven
thaa,' sonfirmell afterward by .long habits
nrobedleace, by a sort of andeline In sod.
etY. *ad by a *Weep limad . _veeted with eta
i, pardwaient power to enrolee Ibis
sort ul o7eonstructive general 'WU What or
, ash It la that &hall , declare .the corporate
mind No much a matter ofpoeltlve arrange
meat that sayers.' state.. forthe validity of
*eyelid of thole wets, have required • pro
portion of voting moth greater than that of
majority Theee PrOPWtione on
so entirety governed by coulnatlon that in
acme cues the adnordy deoldea. The
laws, to many countries. to condemn. re
done more than a mare majority; less than I
an atoms member to aeon It. I n our judicial P
trials we require weirdo:Lily either to oun.
damn or absolve. Insoms inoorpstiorts one
man speaks for the whole' In others a few.
Until Moonier oar, to the constatutiou of
Poland unanimity was required to Otte
validity to any act of their groat national
camel Or. diet. This. amen:hes mush
mote nearly to rode nature than the =Mi
ndless Of any Other country. grab, in
deed. every ocretteenwsalth most be with
out a positive is. to renews Lae in a certain
number the will of the entire body:. .
NOW, a refetenve to the structure of
our own political . machine will show,
that while the.majority principle, which
is but the common law, is generally
recognized in public 'gaits as the gov
erning one, It is not by , any means the
UnlYergill rule of our Oonettortion. and
that the framers of our Government have
deviated from it largely by way °fetlock
or limitation upon the possible and
probable abuse of such a power. I have
already referred to the trial by jury,
I Where unanimity, which is of It. very
egalliCe. Is the' rule. The that by 102-
posehmant, where twoghlrds • are re
quired to convict, is another cue where
the majority i Idea , is departed from.
Again.in theenectaiMit of our laws, the
power of the majoritt in either /louse la
controlled by the dissent of the * other,
while both are bridled by the one-mu
Power melding lathe President, and a
twoghlrd vote of truly although com
prising of themselves, by the veryltertes
of the Oeutltution, the entire legislative
power, Is required to enable ,them to act
eßectively t h e
that it may be truly
that the rola of legislation is a two
third vote. The like majorities' are re.
gaited for the alteration the hindamental
law itself, along with the consent of at
least three-fourths of all the. States. In
all these cues the majority- mks is not
permitted to apply. and that for the
milli: o 4PM COMM that the great vital
Into! CM of tile. State and wople der.
mend a higher mosorme of security. Bo
little regard, indeed, is had for this
cabalistic number, which is supposed to
be so full of preternatural virtue, that a
departure may be witnemorl even in the
opposite direction,. Is. . Tale . whiCh
Preisileitesugly all the .8' tams In the
choice. orPrealdents and Oongreuraltirt,
at Federal as Well se fitrito elections,
1411 a -gaup plurality, !bleb Is only
another name-Dm aminority, may elect
to the most. Iniportant' alma, '
If the majority principle Is the :alai*
the Ciettrta, and , cenerelly 'at the ballot
ESTABLISHED IN 1786.
„
box, it rests only on the mime sroundsol
e. o .o m n . v eec.ied
the
role
lo p ?
el r u a r t a e l d i
ty an .
i r t ec i
o j
a necessity - that. wherever there is a di.
I
veiny of opiniort the larger number
shall prevail if there is te lie anydecision
at all: and therefore it is, that by the
rule of the common law, ! which is the
growth of a notion that never recognized
the rule of u majority in affairs of State,
a power delegated to three or more per
sons for a public purpose. is exercisable
by a majority of the persona named,
while a merely private authority cannot
be exec:iced - by any number less than the
whole. (6 Johnsun's Report, 88.) The
consequence in the., latter' ae is, that It
moat fail altogether in , the event of a
difference of opinion, which in affairs of
mete would be entirely I inadmissible,
wherever any positive act Is to be done.
In the ordinary come of judicial pro
seeding. it may be admitted thatthe rule
of unanimity would be, if not absolutely
impracticable, as I think it is, a source
hr endiesi and infinite embarrassment,
and result unquestionably in the great
delay, if not the absolute denial, of jus
tice. la the case, however, ofd question
as to the constitutionality! of an act of
Congress there is no such exigency. The
requirement of unanimity Will only give
to the law-making rxiwer, the benefit of
the favorable presumption! to which no ,
lawyer will dispute that) It Is entitled;
and fortify that presumption with the
advantage of any doubt, by treating Its
own decisions as the rule that Is to gee.
ern the courts until, at least, they shall
have been :reversed by the 'malted and
=marks voices of the . Wholeof
judicatory which claims t.ci hold dele• I
gated power to sit in judginent upon its
authority. There will Deno such Incas.-
vemence as a failure to decide. When'
the judges differ they have already
decided that the law is constitutional, by
falling to agree that it is otherwise, end
'the law of Congress willi prevail, as It
ought to do, whenever they cannot be
brought to agree that it is:wrong..
. flaying thus shown, as I' think, the
entire re , .a. sonableness and propriety of
the change proposed, the! next and last
question in as to our power to effect IL
And here, I think, there is no doubter
difficulty.
Is the drat place, then, the constitution
Proyales that:—
.1130 Indfetal power shall be vested In one
Supremo Court and such Inferior eosins Si
the Congress may from time to time ordaln
and estabLtsh.o I
There is nothing here, however; as to
the number of Judges whei shalleumpose
lit nothing as, to the nuMber who shall
,be competent to pass upon such ques
tions as shell come before IL 'lt is un
questionable that Congrealmay fix the
number of the court at its own discre
tion, and ,it has always Mine so. It is
equally clear that It may determine how.
many of them shall be required to con—
stitute a court for busnuess purposes, and
this it has also done by declaring how
many shall be necessary to make a quo.
rum. . - As the law now stands, it requires
more than - two-thirds of jthat tribunal,
as at present organited, for this purpose.
The consUtutionality of that law-inut
never been doubted by anybody. - If it
was valid when enacted, It Is certainly
not, made otherwise by the reduction
that hoe since taken niece in the number
of the Judges. If • it is D
i still the law,
then", by a further reduction of the
bur, the now existing quorum might
become the whole and upon this argu
ment the constitutionality of so much of
the amendment at lesst 'as requires a
hearing before a full beide is idly dent—
onstratei. • I
And now, to th e second place, as tit
. ac .
the pow r of Congress to requnre the
concurria combos of ;the whole of
what it may choose to declare a quorum,
upon any decision which they may pro—
pose to make again t the TallcUty of any
of its laws. i ._ ';
It is to be remembered always that the
authority of the court is a purely dele
gated one. It does not-follow, therefore,
as a conclusion of reason, from the-doc
trine that a mejority of several 'joint
owner* may dispose of the joint proper•
ty, or because a corporate body may act
in the same way in relation to a matter
which concerns themselves, that the
same rale shall apply to a public trust,
except perhaps, in cases where it fa ea;
-liable of execution in any other way.
The people arc entitled to the benefit of
the aggregate wisdom of the bench, in
the concurring judgments of &IL those
who compose3lL The Supreme Court
might have been constituted of a single.
Judge, and aught to, and perhaps would
have been so conshmfed but for the pro
verbially and generally received hypoth
esis, that wisdom "le to be found rather
lu the "multitude of coututellors'LAbaa
inthe few—dot, heweter, in view of
their ultimate disagreement, but to the
end that, by comparison and even the
possible shock and conflict of opinion...
the truth may be evolved and harmony
secured, just as in the system of the nut
'three, it is said by the poet, that "all
nature's difference makes all. nature's
peace." It can hardlyhis supposed that,
in the constitution of a ]benchof eight
or nine judges, it was Intended that five
only of the number should decide, or
-expect that a sound conclusion could be
reached by any result id near alleged
poise. To claim for this larger fraction
the power of a canstr.ictive whole is not •
lob strongly Characterized by Mf. Burke,
in the. Damage already cited, as "one of
the most violent fictions of positive
law thatbave ever been Or can be made
on the principles of artificial Incorpora-
Coe," and "cannot be so made, In •
Commonwealth, without a positive law
to recognise it" There is no law, how
ever, in the preient case except the com
mon law, renting on . therreason 'of the
thing, which is only Its supposed Deceit-.
city In ordinary cases;- said this;lts a
mere rule of proced, re, not entering in
tothe constitution of the tribunal, and
only prescribing a law for Its govern
ment. Is it Infereillieceasarlly -in that
constitution—if It we of the mance of
a court that It ns
should act In all cues by
mere majorities—if, in ether-words It
wore atrictly definable 1 as a machine
whose principle of molten was of that
sort only, it i• ight be objected, perhaps,
that the Constitution had settledft. But
this, I suppose, will hardly be pretended
by anybody. In any other aspect of the
question, however, It !Stint a rule of the
common law for the regulation and more
effective working of these tribunals; In
which core there is nothing, of course,
to previ,t its abrogation by the power
that mists .0 , 1 mimskee the law, in ac
cordance v. ;to own !sovereign will,
which is only the will of the people de
claring itself through their represents-,
lives. So long as the authority to de-!
tide Is still left and still' ', exercisable by
thee:owls, at their own !discretion, and
upon their own judgments, they have no
more right to complain that they are all
required to agree it order to nullify the
law than that they aro not now permitted
to do the same thing, as a quasi-corpo
rate body, without the concurrence of a
majority of such a quorum as it has
pleased the 'Congress of the Vatted
States to indicate.
It is not necessary, however, to either
of the-pending amendments, to borrow
the aid of the general principlethat Con
gress may alter sod medify the rule of
the common law. Theipower is to be
found in the Constitution itself, so far
at least as regards the appellate ja.riadic
lion of the court, which Is the witole ex
tent of this bill. That jurisdiction
which extends to all elegies, except those
"affecting ambassadors; other public
ministers and consuls,l and those in
which a State is a party," Is conferred
only with the express reservation that
It ahall be exercised and. enjoyed "with
such exceptions and under such rels.
Sons as the Congros!', shall mate.,
What is the meaning of; this long,ager
The word "regulations" imparts no
more than rulea or laws. That It car
ries with it any power to change the
rule of decision, so as to, impose another
law upcin the court than the action of
its own Judicial mind, or to do anything
further than prescribe the merle °ideat
ion, Ito not claim. It wilt not be dis
puted, at least, -that under this Ft:Me
lon it may limit the jurisdiction to such
cases as It thinks proper, and 'Bettie in
Its way the whole 'times' of removal to,
and treatmentin the apPellate court. It
it shall think proper, then, to .accord
that jurisdiction only on the cmdition
that none of Its own aciL shall be over
ruled on constitutional grounds without
the judgment of en undivided court;
who shall gainsay' its !right so to do,
when it may even refusei the jurisdiction
altogether where the court Lev:mossy
have affirmed the validity of ita,urtect.
mentT ,
And now, hiving fully vindicalid, as
I trusts have done, the principles - el the
amendment I have had the honor tooth..
mit, covering, as it does, as well the
modification on which the Judiciary
Committee has agreed, and which in de
fault of the higher. security will not be
unacceptable to trte,'l mast allowed a
,
word le conclusion on the reasons which
t have prompted the introduction and aril,
tett= at the present mortent ofa question
that teems, in some measure, to hate
taken the propound ixoutitry and even the
- profession by surprise, no a very novel
' if 'not a very bold experiment.
It will be said, perhaps, as it his been
already mart than whiepored in 'some
. SOattec , of the %talon,' that this 'lam
Inc proposition is only kmere expedient
for the time, intended to servethe, parr-.
poses of the moment, and with a view
only , o a partienter esee;- jou es the Im
portant provision of the tentan-of•ofiLo
law extending lie operation to the heads
of Departments. ,which without much
active sympathy or support from any
quarter, andonlybypirseveringand per.
detain effort, and after repeated defeats, I
was happily enabled toseeingrailcd upon
this law, against the apparent sense of
the Senate and the , unyielding , op
position of a large portion of. the
Republican members of tale House, has
been published to the world through all
the organs of publicepinkin, until it has
persuaded everybody here, and the echo
of it has come back even froin Doti:Aber
side of the Atlantic,- as amen party
contrivance to save a particalarolliore-77.
who was known by me It the time to be'
himself opposed to it•-;instead of a great
measure of date, prompted by a .
itonvje
tien of the absointa necessity of bete ,
sag the independence of a. net of Mu
ttons:les who hadcome to look upon the
muter of 'their fortunes as the rightfoi
master of their wills, and Intended for
ail heads of Deputanante aed ail thin
The Impatient urgency with, which the
• • ding measure Is just preened,
even In its Imperfect shape, after hafehg
slept so long tmdiaturtol, may seed to
give an err of plausibility -to this tugger.
tion. If the fact ctf- Its, introduction
nearly a year ago Is not a sufficient ans.
war, I may be allowed to , sky,' tit least
for myself, that I have nem belonged to
that timid schoolof practitionersi - wh • •
:deals only. in .paillativesi_wtura , great
pnblle evils which threaten tha matey of
the State are „tei be rot:lethal:" When I
beheld the law obstracted .on'systera,
and arrived, atthe conviction--shared
with me by a msjerity of this, Home—
that the supreme RxecntiVelfulatrate of
this nation, the officer Intrustal under the
Constitution with the .euentism of Its
laws, !Meador perforridag Con doll. bad
disclosed asettlof parpesetothwirt your
measures sad defy. your. RA I was at
once pmpued to"meef that exigent by
the complete and obvicativ and cal
messare of relief; whlchl thought the
.Constitntlon hut plum]. lit our WON
instead of resorting to any_ entire: or
clrontoto process, any. men t expeii
ments of doubtfol validity or dangerous
example; to accomplish the same object.
When I sew again the tuochance, the
golden .opportunity, ol s correcting, a cap:
luil error, canonised Ili some sort by
practice coerrea 'with the floyetatrent.ln.
the concession of theralookita power ' of
removal to the President, .which t had
been so ;daily need end abased,l was
eon illy ready to take advantage or the
feelhigef peril engendered' by the- eurar.
Whine of that officer, for the purpose of
aommplishleg a long desinerated object,,
which woula bare been proper, at all
times, but had never , been possi ble till
now. So when the ild emetics of the
courts, the obviouspelitical leaningeof
the judges In vest afrelre of State, And
tie atrocious and alguninibkr doctrines
to which the highest of them was net
ashamed to give utterrnos, bad stripped
them of the awful- prestimtt.—tl:m•more
than Druidical sal:Mill —that had surl.
rounded and covered them from the rade
garnet the people, when the very priest
hood of the altar itself hat diiiwnkside
the =Lain of the sanemary - before - the
eyes of the nation, in a nuelittlots Abet
surpassed In iddeonanness and horror alll
that the poet's conception - had imagined
of the imposter prophet; when he'llfted.
his veil In -the presence of his deltded
followers andnroclehned lathele ears in
thunder tones: •
• - •
••trere, ye wtse,airsta. behold , vow HAM.
your Rat
YO would be tons ane. s
andy airs.?
I Ives equally prepared to improve' the
occasion, by striking boldly at the .dan•
acmes anomaly of a pi:twain thisnatioh
that was blither thanlla egistitutina and
its laws. The time had no; yet come to
do this thing, until the red harvest of
death had been - gathered from the seed
thus sown in so many battletinhisi; but
revolutions are the apportianititra of
statesmen, and he is no statesman 'who
hesitates when the way is providentially
leveled before him, and. Dais thin in
vited to enter upon it; as he, too, is none.
who dreads the idle and ,tunsteardog
taunt that he is merely legislating for
the evil that is imminent; just se though
It were not the banana the statesman.
to meet tho danger that is exigent In
quiet times the chancel for neon:ware
rare.. The measure now proposed Waa
proper one "at • all times. The Present
condPicta of the' nonntry only. demon-
Weirs, through .an imminent pail, its
absolute necessity'.
SgMilaMne.
.
Recently a men named - - 24C8wen, , wee
indicted et Newark; N. .1.„, fbr appearing
{tithe streets in a nude coedit on.. His
trial occurred the Present week, the Jury
Wing oat fifteen boors without agreeing
upon r verdict. neon* will be under
stood from the testimony , at blind/thee
Reeves; a young and 'handsome - lady of
At tbe.t4cas. the exhibition occurred,
mother was greatly excited, owing much,'
I think, to th&Usath of her Sister who
died a shot time previeualyt I,derkit re
member the exactlangnage elle or 740-
Eu-en nsedet that/me, butt am inrenol
thing Improper was. mid by lean:Me ;of
us, neither did we melt e any immodest
gesture, at this or any ,other times I
hare known Ma hinErrealdnoelast
vemnot ; our belief is about the. mule on
we get from the Bible, and it is similar
to the au-called Spiritualism • we beileve
that we - Medd do as Christ did -=that; is
commune with the eptrite rnothing nee
done. on the.menton referred to, dllter
from lasciviousness orqsatonnese:ldo
not exectieltadievethe same az eutiehles
de though I did. on :low vele/al/ay ;
considering the slide of Mr. MCZWen's
mini, 2 think iteran right 'ghettos - to do
as he if he wee =lied- to desonow
I think it would be perfectly . right; Wei
had to mind what mother ind the *obits
commanded as to do t. they said Ma mSutt
'go into theatricals naked 22 - we did. dot
show ourselves, to the public at the win
dow; tweet emording to the teachings
of the Scrlpiiuu,.and they .ay "Child
re'4obNyoull'==didsodtme,=
do juat what she" Wanted-them to -.1. do
not think that Mr. McEireetwoulsi.dciso
.again, for I do net believe theopirits
want him: we beloved in Spiritualism
beam MeEmen came'-to our. home; In
nil of our sedans we acted on, theprinM
pie that to the pare all . Nage are
In reply bithirtuarticlisslat whatlier
Sic Ewes ova undrmsed..lxtfore In, her
presence, she Mid that ehe would - rath
not liarswam being inentedaponl
she answered, '`l. have aeon him : doSo
before, but not very ofteMl think It qace
Monts month betbre New,,Year's*Nrhea
be first commenced those' exhildtkrnald
our house; Mr. licEwen, lea tailor, aid
mother worked with him; they attended
to the business, while I, did: the) , house
work; I have four brothersandonealater;
my oldest brothen la eighteen 3nsare
and the youngest throe; them exhibitions
were made before Ma and -. Wyse& the
others not being Present at the teg them
things were done under eicitement,and
were never performed enirat mother's
request or with her moment; ail we did
was to strip ourselves, and / do not re
member of star bearing en improper
word, or walnut indecent nett Idogwcn
occupied a single bed in Mahan bedroom
and he generally aleptalone,exoeptwhem
one of the children elepterittt himrsome
timee mother' and WWII' Maud the
night with him; ditLitot ate' think
there was any harm Into dol,ashotke.
log improper was :done; Dl , ,wect was
not In the habit of praying; when we re
tired we alepttogetheri Me and 'Mandl
en either side of hfeEwen; nothing was
said or done which was In the' least Ml
proper; I havenever heardotthese thlnet
being done anywhere elseel have a good
opinion of hicgaren,andwouldnot do the
same with any other man, for I knar
that, none are so pue as he; ; watt little
timid at drat, but bad no great. fear of
Mr. DrcEwen. IticEwert aleptwlth
us several times beftwe 2Cinv Year's day;
not did not twined. me or Mr. lieErrett
to Ile together; the pod woe a single ones
I generally sleep With mother, which I
have 'done moat of lifetime educe tether
died; I was with Mr. MeEwen alone one
night,_when or, was sick, - Demme she
cott.'d totrmt well when Crowded.... Mr.
MeEwen retired fit, and was Weep
when I went to hadt . „l reinember noth
ing that wee said; I have neverhnown I
him to take or attempt to take, lay per
sonal libertine at all - while In dor family;
I do not, know :why. Idn 3.‘tiEweri ap•
peered *slur did on New.Telea, day;
only that be dkittat,tho requester my
mother; ma . did. these Wogs . emend
times herself; I Wok. four "times .pre
money; ape wanted to crucify the
and show to the world that: abe; ems
pore, When atm put her wane around
?Jr. life.Mwen's' neck; she reotteented
herself tut the mothei of Christ, but I did
not believe It, and thought Metre were
all ordinary men and women; dlt; not
feel . any shams. at the time; thouAt
mother was thelindjo undress on Ws
.
nettro w my, expelled "front a
church in Lonbnrills a west *VW* two.
lihe afterwarl appeared and took bee use;
in tbs "apailay Ooriler;And wan .111.13120**
rily eiscud. Elhe suld - the ejectors for
dassinees, end brought whom:who
'pestle following' ornltmet, tostitnany:
"I war. standing rho 'cross from de
riiTch, 'and.•'sae- ulster Itneekinredge
thrownput to the ehtlrch, and lilt hadn't
been fad* iron .rallin',:itha would .ah
Cell down and broke hos rinds., ./ WWI
once a member ckb did church, 'and was
'peeled' kw* l''sald"de`.pratetter was
wrotnr in preseldng dal,-
} whew. Christ
Well eight Isere old ,ho.- w
law to de Ban Ellblaa Islands.,"
Pb TWkL,
Mara* PittgbPikault*
"XOAZY."
4 - thou most weadarttat elatebt , UMW
*Ye All mantled, yea even It=tp.a USE
W/°r. Mn. do.n.rolts, tears Is sO throne
but Moe. • ‘, •
Ilt.beentsareletdoetbtessetebote—dlTl° o ;
-Thou Mint the brays one doable htetel
• seal; . . .
The beelyelseeTbtoetairotrattoos
For thee the wandering adelitteds oft:mead .
To thee tlfe else Mar etc.* et tried.=
err
.In he JeOge—ibe emend= Dbt , //WIT'
• treat,
It won. tetAbilste Abair ate* with oltUutlit
To thee itto boats et traitors hneddl,
Or 1111 stafttbe al4Velos, Oately
:At thy oessokAnd, oft Yletee tads; tete lead; •
Egeth d =rdettbsetge tddentoel Selee antt •
And Men •NIXPaI God. boo callal to Yosd We.
- -
OR ready—more tten duty—how to sefeet4
Like negated wplyfo,.upon the..kleeptite
. rola:
1111alose the lesobe,'Qeetroy I,pf wade and
For thee the meld will alinper. Weep tad
pear totiloodfor earI:NAME . fai.laellebi•
Tor thee the lover will ell sorrew. hear ►
•
Now to tits lora rte duty mutt:
and If titer eijo, they ride to Pell lie
ALA IXILMOIVINI emu otherl bet too late.
Tor the wilt mute dettiobbon deal dIMMII .
;Whoa *elideo, =Oleic* as meek se 11.111 bat
MO roubd to• track Wm as
.IWry. -
!And le the dark :oak. balrao or Mar
ror thee yrlll looplaor4Okrll
... their prayer., •
..kod apbter-dkomaread =IV th at amino-
asmtvis. •
fir thee. toe an arch' inns bad mar
FrOrd' thee coin ' sOriaw, envy. L'~ti and
. 11,4 ' 1 ' 11 in love ther.roo . re . then 610, to
And teen wilt ova. hell sad lee theca In.
Willem elk? deem; bat Ulla item malt - Cat
rerzlistiez, "weary 17, - , 111511. , • •
.- 01108 FPS A A• 0101111. • '
DT, iIORoI
CIOm We eyes ble work le done I ' •
ta , hlm friend or fawns*
Acme of moon, Or set at *wk. • - . .
Liana of man. or lba of warm=
", • -Lay blm low, lay Dim Jew',
In Us clover or the= Ow.,
! • Wont cam kettle bannOu know s
• Lity• hlui.Law
• As mw may, be tonibalila debt,
Proved tut tratk by taiendmrar;
%Leaden Sleep II ablernk abet; , ! '
else p forever and forever t • .•
Ler Wm low. lay Alla
, in Um olgver.or *be snow) , •
. .
Otreetllei I he Manor. Ireowi .
owL -
. ,
• Fohl !Om In hie ammeters stars, •
801 l the drum eon flee the volley I
West to him are wan,
• hit but deathbeatoektrot Met
• „Lay taus low„ , hor bras low, .•-•
.., In the Mover or the snow t •
•• ' What owes lest be cannot knew'
Leave Ulm tolloWe watottrtil -
Trust blue to the laud that. 12:114811.41t . L
Nortel• Idea 'theme Idly eV f
,
bud alone bal.po.l.ln. V. old tom! ,
-• Lay him low, law tam leer.
In the clover or tba 5/10, I ,
What elm. be. be cannot knew
. , • , - Lay tam low IL
=I
.-1-. N•,..
•
trbeubli comes my lord 0 heart. WiltritOM
It metro= Mow Um shams the olos.
Fro:balm Mat spoil um rubro prom,
From um* Mat moek lbw duottond'o bMio;
When oo comes so ytroet u hoot: ows:.. •
Ah,nust.twas from a bout like stone.'-• -
'[tie bluabLug MOM imaksmolleat Mteld. •
The bps - beau:um mum most :
Theme does tamp; mimes dealm.
And seeourto Cuptdbt Mei •
yet all fa file bat spook my mom.
utugbt Ltoth sty the hoartof Moue;
_ .
Why thus; nylom, go kindbesosuk
uttrestmu moot IlmmotbituMbutobotk—
Yet. not beast to we paltrl
Veaustlak•Muth._
Mike not so ALM to muss our mom.
Or nuke a boort UM , . UM oar own.
BTALS3IIIION,JOBIIIIO/1:. •
sr COPPZIaIf a.
Wham Lodraw•Totution staled to tteuott
• •Ilsolteteidtoo tate he mato hatrast.
What tha:scan give the creature reIISOR.
Ur trash his boom's stela* &inapt •
• • • • course far htel'i la ledlOart
/a
so • r
•••• obis
ha teem every aye., .
• to mes all • • '
Or w • ehla Doom well a stiddlit .••• -
Torten" th begintiirlior .this.Pirtionr
, .
centurya gigue bodytoflocusta was
precipitated toga* thollack Sc, upon -.
the steppe lying Esst of Odessa; where its
commuted most indesertbable demur • 4
tation.,- To destroylbeinvader; columns
of eerie were marched down trot:tithe .*-
terlor; but on at the scene of ac- •, -
don, were almost waltzed by Moshe
nomenon they witnessed." For miles the
whole - eurfesse at the, plln, - ikarverted "•: •
Intoll black color, seemed to be alive Ind
co motloo; for the scaly bOdies °idle to.
closelypressedual locked together,
presented thl: • appearance of a huge,
dusky calrasaintitating with s strange
glitter the raptor the sun. '•
Then:tam being in motion, advanced _ -
Inland, slowly but steadily, murmuring
like the merges of the ocean, patting the ' -
sheep, the eattle„the borne, and the in.-
habitants on all sides to Hight: A stench•
last to be expressed :by words: was wilt-•
nal from the beetsas it crawled onward,
the living devourlng the dead, for "lack
of other provender: Putting 'their 'mat
tocke,aptdes, pickaxes, and other lint: •
plenages into latmediaterequiskletn, the
eeriest:toad:BY ereavatedA trench Several
Mlle. In length attokoths tank; of the
loco*, het t;ers Walled the
enemy was upon them, sedation demon—
'mated tier futility of theledevider. tt ,
In the course of a. ferc rednutta frt
their reaching the brink or the oxen"-
tfie foremoet ranktihad been ptusbed - -
Into it by thourthat followed, and - Ailed •
It up fromedge to edge, so that the mad-
titude continued its
,march apparently • .•
! without inletruptiot. 'then everything
combustible waa collected.'autiset entire
luirout of She column, valth the same
result. - The whole Black Elea seemed to -
betransfOrnied Into locusts; which; from -
Its low eltuires,:_etme, up in • comdlese
myriads. setting at defiance all the arts
andlndtutt of mon. Several columns
the lrivers Illectodlowant the Feat,.
andallghted amid 'Ms vineyards of the • .
Critnea, othicht hey' soon' changed Into'
a waste of epsrentlyfdry , ancl sapless
lfussia apPetared.to been Mania! of a • •
Calamity that' which fell upon
about themlddlsof the seventeenth-can;
tory, -
when. the dratnustipa the har
vestsoticaalorted a Biretts. which 'was
followed by 'plague, pa that the papule.
tionisturitolts provinces Ws* thinnest 'id'
nanst to ea:termination. In the present,
Instance;' the elements mom to the 'do.
ilveratemsof Thslore a among West
wind ' , noupwas of . black . clouds, came
pouring up from the BosPhorres. which
ampztred the atalospbeik and 'ultimately
decended indeed' ,At theiatton
of decending Jove, the ;locusts were •
Puildizedt end se tkui odeAtter int:datum -
continued- to. drench • them In-pitiless
flostrion, they gave up the gheati and be
queathed their flaky oorniato the hue-
bandnran •- for Mama* net however, •
without sundry fevers and dysenterina.
_ . . Ant lee Tete to Parte,
fete inusiernibn'the Sheens 'Club
Ulm, In the Bois de loom ne, , on
act
» night . Parteletter
ye;"The La e Ina illaminated by a
iloodAf,light from sixteert,eleettio,bat
tartar, ellen wreathed with sally.colared
Venetian lanterns,. Akareen of-white" -
inntied glue Inmate, connecting am
delabre of _greed beanty. inelosed - the
Lake, as it were, within salreleafpeirly
ltght. - --The based in .the sentre.of the .
frozen waters ocuuteeted with, Me shore.
by a entry' bridge; win one man of rdby,
emerald and'imentyst tinted dime, .srad,
"en thro u g h the gTekven of trees,. each .
laden 'materna of adored paper
reminded one of the lint 'smite ' in a
Christmas pantomime: - Bare wee .' eta- -
tinned -the band of the Thirty-fourth,
whieltplayed all night. • -
The prohibit sight of the evening was '
the mlniatureeleigita,
_esoh ,miataladits a
fair puntenger vevloted asd .furred„ but
wearing a tiny lantern - I.IIC herbett, turd
propelled by a faithfol agnirebearinshis
hat.. Theeffeettras as of wasnanyoolored -
sten shooting talons the silvery =Moe
of a mirror: itte•genten arid ' red _ware •:
the predorehnutt Colors, the bus wornby:
the lady within theldolltk ailing the same
an worn by her. Meaner. — The Doke of
Hamilton, ,Djendl Peatur,Prinee,Matter.
bleb, Dr..tbarros, ..31, • Do . Pales, end
Prince liavrocordato - were among the
gentlement: the Duchene/3e Itfortry,? the
•rristonoDegagent„ Vircon_pienattAguado
Oros Idaedonnell), Miss Fennirmur„ the
afareniso De Gallifd,
_and the Ibmslan
'bride, Countoes DemidoW - . were among •:.:
the ladles, , The. Emperor .and.:Empress
skated in the afternoon. tin the (hand:"
•LaewiththePribeelnaherial f!aridagain'
.thegransandagUityof twoyoung Arnerls 4 '
r .esoMalle,_ldbeettßechwitband Berwick,
attracted theirlfeleitties. altennoM
Dir end serest diplomatsavrere -tit the
atigen:rained „by . tW w yeens
skill in the art of iheip -•
. ,
newel tiel&r.Vinrestigation hag
been. opened. by 3f. Blonde's, who has
been Studying the action of ea Indoe
current on traits andiwierits• The ek.ctri
tatkmrif. senhat, prim: and paw
'as,,
led to believe. hostess thole ripening,
Fer theyii - of,conspariesn,n titian.-
illy of =ea gash* 'peas; and beans,
which hen beetLitubeoltted to the action'
of an electric correat,were glacedin pots
filled wits -good garden earth; Ind other
traelectritied.aeeds were planted at: the
came noteand kept ander the asuseaso
ditleiin The remit: wea, that the elec
trified Waste lilways apron/tip tleat,grew
mord rapidtp.annipsira mac h Wore Tife!
on:mound leultfal plants.. One singul ar
racc". - whieh is given On the, anthert .0!
the espeeltneiner; Isithat tinny of ese
planhi-pronostel_ ypoodsted wing
uglaile. AU/MIL t1;114 iill; with the tree root
coining 'won op bite -the air; while. the
mule direetwi - dawkwited tato the
• —A masked burglar entered one of the
fast - eatabUehmenta • tn- ,Clnoinnah , the
other night, and ring Into the room or.
ens of the women, woke her, end point
ing~e.4rovolvse talker, head. demanded '.
her. Money' and ber Jewels. .Madem-
Olaelle -mut terribly liightened at this
sudden appeilra co •of 'an= In her bed.
-fhaulbote menanedro scream. The
Intruder not liking the nelse,Und fearing
the amoaett of an amazon army, made
off, takthgwith him, hoverer, a .pollat
containing a few dollars,
II
LI
El