1
BY S. B. SOW.
CLEARFIELD, PA,WEMESDAY; NOVEMBER 24, 1858.
VOL. 5.-NO. 13.
THE SECRET OF SUCCESS.
Br JOHN O. SAXK.
Good luck is all!" the ancient proverb teaches;
But though it looks so very grave ind wise,
Trust not the lazy lesson that it teaihes,
for. as it stands, the musty maxim lies .' "
Thai look Is something were a truer story
-And in liic'a mingled game of skill and luck,
The cards that win the stakes of wealth and glory
Are Genius. Patience, Perseverance, Pluck :
To borrow still another illustration,
A trifle more specific and precise
Small chance has luck to guide the operation.
Whero cunning Wit has loaded all the dice !
The real secret of the certain winner
. Against the plottings of malicioas Fate,
Learn from the story of a gaming sinner,
AYhoae frank confession I will here relate !
"In this "ere business, as in any other
I5y which a chap au honest living earns.
Ywu don't get all the science from your mother,
But as you fuller it, you livos and learns ;
And I, from being much behind the curtain,
And getting often very badly stuck,
Finds out. at last, there's nothing so uncertain
As trusting cards and everything to luck !
& now you see which nat'rally enhances
The faith in Fortune that I used to feel
I takes good care to regulate the chances,
An J always has a finerer in the ileal !
PRKMOMTiOX.
From the Home Journal.
In the year 1820, when the present State of
Alabama was a comparative wilderness, a gen
tleman by the name of Saunders came from
neighboring State into one of its eastern
.counties in quest of a place of settlement.
He was well-dressed and well-mounted, and
travailed alone.
At tiio close of a fatiguing day's ride, he
utoppcd at a house of entertainment winch
was the nucleus or central point of a strug
gling, backwood's village, containing some
fifteen or twenty inhabitants. The host was
a grim, sour-visaged man, with small, sinister-looking
eyes, which twinkled liTie burning
poiuts beneath the heavy fringe of the prom
inent eyebrows. The tavern buildings seem
ed to have been left in an unfinished condition
by the workmen, and looked ruinous and old,
for want of paint and repairs.
Oe entering the bar-room, which was a din
gy, half-lighted apartment, Mr. Saunders
found a few men, very ordinary in both dress
mid appearance, engaged in retailing to each
other the gossip and news of the neighbor
hood. He Beated himself in their midst, and
awaited in silence the announcement of sup
per. After eating a hearty meal, feeling both
fatigued and drowsy, he requested to be con
ducted to his room. The landlord, taking a
lamp Ti) one hand and the saddle-bags of the
traveller in the other, went out of the bar
room into the yard, requesting Mr. Saunders
to follow him.
At the extreme end of the tavern buildings,
they ascended a flight of rude steps to au up
per story. Entering a narrow,dark passage, Mr.
Saunders was shown into a small, uncomfor
table room, furnished with a bed, one chair,
nd a small table. The landlord placed the
lamp on the table, bade his guest good-night,
and retired.
As the door of the room was without a locli"
or fastening of any sort, Mr. Saunders placed
the table and chair against it, blew out the
liglct, and lay down. Overcome with fatigue
mid drowsiness he soon fell asleep, but almost
Immediately awoke, quivering in every limb,
and in a state of extreme mental perturbation,
lie had dreamed a vivid and most frightful
dream.
In his vision, he saw a man, grim and dark,
ascending the cuterstcps to the passage which
led to his room. He bore a long, glittering
knife in his hand, and came up the steps with
a slow and silent tread. At sight of him a
feeling of apprehension a presentiment that
danger was nigh came over the dreamer.
He sprang out of bed, opened his door, and
stepped out into the passage. Opposite to
his room he saw another door, through which
lie felt impelled to seek an escape. Opening
it, he saw a hole in the middle of the floor,
over which the timbeis of a bedstead were
extended, the cord hanging down to the floor
beneath. At he was in the act of seizing this
to let himself down, he awoke and found that
it was all a dream. He was still in bed, and
ilia chair and table remained in the position
be Wad placed them against the door.
After revolving the dream in his mind for a
few moments, his nerves became quiet, and
be again fell to sleep, dreamed the identical
lream over, and awoke, as before, trembling
and affrighted.
He got out of bed, removed the chair and
table from his door, and opening it, saw, w hat
lie had failed to observe before, that there
was another door, close shut, opposite to his
room. The full moon bad risen, and lit tip
the passage and upper rooms of the inn, which
were without shutters, with the radiance al
most of day. Curiosity and the excitement
of his dream prompting, he stepped across the
passage and gave the opposite door a geDtlc
push with his hand. It flew wide open, and
displayed to the eyes of the now startled trav
eller the very objects and arrangement he had
seen in his dream. In the middle of tho
room there was a large hole, made by the re
moval of short pieces of plank ; across it lay
the uncorded timbers of a bedstead, from
which depended a stout rope, that reached al
most to the floor of the room below.
Thoroughly alarmed by this literal and ut
terly unespliiinablo verification of his dream,
Mr. Saunders returned to his own room dress
ed himself in great haste, and; with his sad--dle-bags
thrown over his arm, stepped out
upon the platform at the head of tho stair
steps. His intention was to leave tho tavern,
-and, if possible, get lodgings for the night, at
a respoctable-looking house he had passed on
the outskirts of the village. The next morn
ing he could send for his horse and pay his
hill by a messenger, and thus avoid explana
tions which might prove unpleasant both to
the landlord and himself.
The shadow of a large tree, which stood a
few yards distaut from the end of tho bnild
ing, fell upon tho platform, and nearly half of
the stair tep8. A brilliant moonlight rested
on the yard and all other objects on that side
of the tavern.
Just as Mr. Sanders stepped out on the plat
form, he saw a man come round the corner of
the bouse, and walk in the direction of the
steps. He held a large butcher's knife in his
right hand, and looked wistfully around him
as he advanced. As soon as he came to the
bottom step, he began to ascend the stairs with
a slow and silent tread. In appearance, move
ment, and weapon, he was the exact counter
part of tho image seen by Mr. Saunders in his
dream.
What was the traveller to do, unarmed as
he was, to escape the menacing peril ? He
felt glued to the spot upon which he stood by
the very imminence of the danger which ap"
parently confronted him. To leap from the
platform to the eaith would imperil both life
and limb. A face to face encounter with an
armed man could only end in his being des
perately wounded or immediately killed. Nor
was there even time to escape through the
room with the hole in its floor, for the despe
rado had already mounted to the higher illu
minated step, and was only a few feet distant
from Mr. Sanders.
Summoning all the resolution he could com
mand, ho cried out, "Who comes there ?"
Startled by the voice, the man threw up his
face, and Mr. Sanders at once recognised him
as the landlord of the inn. Without saying
a word he turned, almost ran down the steps,
and hurried round the corner of the house in
the direction he had come.
Mr. Saunders immediately descended the
steps himself and walked, with no laggard
steps, to the house on the outskirts of the
village, where, after some entreaty, ho pro
cured lodgings for the night.
Early the next morning, he sent a messen
ger for his horse, with money to pay his bill.
He made no mention of the occurrences of the
previous night, but, as soon as his horse was
brought mounted and resumed his journey.
Some years afterwards he met his former
host, face to lace, upon one of the sireets of
Columbus, Georgia. They mutually recog
nised each other, but, in a moment, the quon
dam landlord threw down his eyes, seemed
much abashed, and hurried quicklj' by, with
out saying a word.
Was a murder really meditated in this case T
and was the dream, which roused the intended
victim, a veritable premonition sent to rescuo
him from impending death These are ques
tions which the writer will not undertake to
answer. He can vouch, however, for the lit
eral truth of the facts herein related. They
were communicated to him by the Rev. II. M.
Saunders, of Alabama, a son of the gentleman
to whom the monitory dream was vouchsafed.
J. w. T.
An Indian War Ended.
The Indian War in Washington Territory
has bjen brought to an end, and a peace has
been made with the late hostile Cu-urd'A-
lene, Spokan, Pend d'Oreille and Pclouse
tribes. The last mail carried to Washington
an account of Col. Wright's second battle on
the Spokan Plains In which he defeated the
red men completely, afterward taking 000 hor
ses, most of which he shot. This was on the
5th ult., the battle being fought about 250
miles north-east of alia alia, and near the
Spokan River. The Cu-'ur d'Alene Indians
immediately sued for peace, but the offer did
not come in such a maimer as to please Col.
W right, so he pushed forward with all possible
speed into the heart of the Ccur d'Alene
country, destroying everything as lie weut a
long. These Indians raise considerable quan
tities of wheat and potatoes, have large herdsof
horses, and many of them Jive in comfortable
houses, or at least warm huts. Adopting the
rule of fighting the Indians on their own sys
tem, Col. Wright had "every species of valua
ble property dotroyed. The Indians were
greatly-astonished by the speed of Colonel
Wright's advance, and before they could pre
pare to resist hiui they were reduced to com
parative poverty. They did not dare to come
within range of his Minie rifles, and they fled
to the mountains in despair. Father Joset, a
Jesuit Missionary among them, assured them
their lives would be spared if they would sur
render, and they at once sued for peace, otter
ing to give up the two young men who had
been the chief instigators ot tho attack on
Steptoe, and to give hostages for their future
good conduct. Col. Wright accepted the of
fer, and the red men, with their squaws and
papooses, at once went to the M ission, where
the United States forces were. The two war
makers and the hostages were given up, and
sent to Walla Walla. The other tribes, com
pletely terror-stricken and discouraged by the
submission of the brave and tho powerful
Cirur d'Alenes, also sought peace by uncon
ditional submission, and obtained it by giving
hostages. The campaign has made a very
great impression upon the Indians of Oregon
and Washington ; they had no conception that
the Bostons were so powerful, or could march
so rapidly, or kill men at such long ranges.
The Oregon and Washington papers give the
praise tor the effectiveness of the campaign to
Gen. Cl-rke, and say that he is the best Indian
fighter there has ever been on the coast.
The Hermit of the Mountains.
Wilburn Waters, the hermit of Pond Moun
tain in the White Top region of Virginia, has
killed four bears within three weeks, one of
them exceedingly large. The Abingdon Vir
ginian says of this singular man : For more
than twenty years he has lived alone in the
solitude of that vast mountain region, devo
ting his time to hunting and stock-raising,
lie claims, we believe, to be a half-breed of
the Catawba tribe, and is a man of great phys
ical power. He owns about 1,000 acres of
land, and sells large numbers of cattle and
hogs, and takes vast quantities of wild honey.
Although he lives entirely alone, the latch
string of his cabin is always out, and nothing
seems to bo more grateful to his feelings than
the dispensation of his hospitalities. Since
his residence upon the Pond Mountain he has
captured 80 !ears, 3G wolves, and upwards of
300 deer, and a countless number of wild tur
kies and "varmints" of the hills. He is over
46 years old, has lived about half that time at
his present locality, and has never been at Ab
ingdon but twice, though only SO miles from it.
Renewed Indian Hostilities in Iowa. We
learn from the Iowa papers that a renewal of
Indian depredations is threatened in the inte
rior ol that State. A special messenger re
cently arrived at the capital with information
that the Indians around Spirit Lake are daily
becoming more and more insolent in their
bearing towards the whites, and are commit
ting depredations on their property. Horses
had been stolen, and further outrages are ap
prehended. The Indians around Spirit Lake
are supposed to be some of lnkpadutah's band
who butchered the inhabitants of the same set
tlement in the spring of 1857. Governor
Lowe has ordered a volunteer company to pro
ceed to Spirit Lske with all despatch.
HEX JOI1NSOX AT A WALTZ.
When we got into the place, we found a
great large room, as big as a meetin' house
lighted up with sruashin' big lamps, covered
all over with glass hangings. . The ladies
looked as nice as little angels, their faces as
white as if they had dipped them rn a flour
barrel; such red cheeks I hadn't seen in all
Sleepy Hollow ; their arms all covered with
gold bands, chains, and shiny beads ; such lips
you never see they looked "come kiss me
all over ; their eyes looked like diamonds ;
their waistes drawn to the size of a pipe stem,
and mado to look like they were undergoing
a regular cutting in two operation, by tyin a
strong string tight round 'em : and their
bosoms O, Lordy all covered up in laces
and muslins, then rose again, like, Oh ! I don't
know what it was like, except in' the breathin'
of a snowy w hite goose chucked in a tight bag,
with its breast just out!
After the gals and youngsters had walked
round and round for a considerable spell, the
music struck up and such music ! It was a
big horn and a little horn, a big flute and a lit
tle flute, a big fiddle and a little fiddle, and
such squeakin', squallin', bellowin', groanin',
I never heard before; it was like all the cats,
pigs, and frogs in Christendom had concluded
to sing together. They call it a German
Poker. I 'spose it was made by some of them
Cincinnati Germans, in imitation of the squal
lin' at a pork packery, and I guess it was a
pretty good imitation.
So soon as the music struck up such a
sight .' The fellers caught the gals right
round the waiste with one hand, and pulled
them right smack up in kissin' order, with
the gals' bosoms agin their bosoms, and the
gals' chins rvstin' on the fellers' shoulders.
A-this the gals began to sorter jump and ca
per, like they were agoing to push them away ;
but the fellers just caught hold of the other
hand and held it off, and began to jump and
caper too, just like the gals.
I swon upon a stack of bibles, you never
saed such a sight ! There were some two
dozen gals held tight in the arms of them fel
lers they a rarin' and jumpin' and pushin'
'em backwards over the room, (as I thought
tryin' to get away lrora them,) and the fellers
holdin' on 'em tighter, and they squeezed the
gals, till at last I begun to think the thing was
being carried too far for fun. I was a little
green in these matters; and seein' the gals
tryiu' harder and harder to get away, as I
thought, and the fellers holdin' tighter and
tighter, it was very natural that I should take
the gals part. So my dander kept a risin'
higher and higher, till I thought my biler
would bust unless I let out some steam. I
bounced smack into the middle of the room.
"Thunder and lightning! everybody come
here w ith shot guns, six-shooters, and butcher
knives ." bawled I at the top of my voice;
"for I will be shot if any dod blasted, long
bearded fellers shall' impose on gals that are
anywhere I am !" and was just going to pitch
into 'cm promiscuously, when my merchant
caught me by the arm, and Said, "Stop Ben."
"I'll be cussed," says I, "iTI will see the wim
min folks imposed on ! Look what them fel
lers are doin', and how hard the gals are rarin'
and pitchin' to get away from 'cm! Do you
'sposc I can stand still as a mile post and see
tho gals suffer so 1 Look !" says I, "there is
a gal almost broken down, ready to give up to
that 'rangotang of a feller ! Yonder is anoth
er so faint her head has fallen on the bosom
of the monster!" I tell you I was ashy; I
felt like I could jump into them like a cata
mount into a pig-pen.
When I looked into my merchant's face,
I thought he would have busted. He laft, and
squatted down and laft.
"Why," says be, "Ben, that is uothing but
the red war waltz they arc dancin', and them
gals ain't tryin' to get away from them fel
lers ; they are only caperin' to make the fel
lers hold 'em tighter, kase they like it. The
more the gals caper, the tighter they wish to
be squeezed. As to layin' their heads on the
fellers' besoms, that's very common in this
city. They expect to be married some of
these days, and they want to be accustomed
to it, so they won't be a blushin' and turnin'
pale, when the parson tells the groom to salute
the bride. There is not'jing like being used
to such things."
"You may take my hat," says I to my mer
chant. I was tuck iu that time, I tell you,
though it was the first time I ever seed the
like before. 1 have seen the Indian hug, and
the Congo dance, but I tell you this red war
waltz knocks the hat crown out of everything
I ever seed.
After I had got out of the way and every
thing commenced goin' on again, the music
get taster and faster oh, it was as fast and
furious as a northwester ! The gals rared
agin', the fellers hugged tighter, and the music
makers puffed out a blowin'. Then the gals
and fellers spun round like so many tops run
mad. The fellers leaned back, and the gals
leaned to "cm ; the gals' fine frocks sailed ont
and popped into the air like on a windy day,
the fellers' coat tails stood out, so straight that
an egg would not have rolled off ; their faces
were as fixed and as serious as a sarmeut. A
round they went ; it makes me dizzy to think
of it. Pop went the coat tails, crash went the
music, and pittx-patty, rump dnmple-de-dumb
went the feet of all. By and by, as beautiful
a craft as ever you seed in the shape of a
woman, laying close up to a long bean-pole
looking feller, came sailin' at the rate of fifteen
an hour down our way, whilst a fat, dumpy
woman and a hump shouldered beef eatin' sort
of a feller at the same speed went up the other.
I seen there was to be some some bumpin',
and naturally trembled for the consequence.
Sure enough ca-whollop, they came together,
and slap-dash the whole of 'em fell flat right
iu the middle of the room, carrying along with
them everything standin' near.
Such a mixing up of things as then occurred,
haint occurred before or since old father Noah
unloaded his great ark. There was legs and
arms, white kids and penellas, patent leather
and satin gaiters, shoe strings and garters,
neck ribbons and guard chains, falsa curls and
whiskers, women's bustles and pocket hand
kerchiefsall in a pile the gals kickin' and
the fellers gruntin' and apologisin'.
"Oh, Lordy," says I for I was considerably
frustrated at the sight "stop that music, blow
out the lights, or all hands shut their eyes un
til the women folks get unmixed." At this,
such a laugh you never heard.
"Why, Col. Johnson," says my merchant,
"that is nothing. It frequently happens, and
is one of the advantages of the red War waltz.
If the gals ain't learnt how to mix with the
world, how can they ever get along.'.' -
"I would rather have 'em all a little mixed,"
says I ; "but that is too much of a good thing.
However, let us leave, we've seed enough of
the Sorry in that pile just now to satisly me
for a week ;" and at that we bid 'em good
night, and left ; promising to go to the next
one and take a few lessons in the common
Polka and Shotish dance. How I came out,
may bo I may tell you in another letter.
Ben Jounsing, of Sleept Hollow.
CREATION PROGRESSIVE.
Whether we look to the inspired record in
Genesis, or the disclosures ot geology, we are
taught that the work of creation was a pro
gressive one. First, there may have been a
time when the earth was simply mineral ; then
it appears clothed with plants ; animals in due
time came forth to browse upon them ; and,
as a completion, man stands up to gaze with
intelligent eye upon the whole. There is a
unity of plan running along this series. The
plant, when it comes, is higher than the mine
ral a uew power, the vital, has been superin
duced ; but still the organic is dependent for
the nourishment on the inorganic, and all the
forces which operate in the mineral are active
iu the plant. When the animal appears, it
has something not in the plant in particular,
it has a power of seusation and voluutary mo
tion j but still it retains all the power that is
in" the mineral, and is dependent for food on the
vegetable ; and so clearly are tfce plant and
brute allied, that it is difficult to draw a line
which will decidedly separate higher forms of
the one from the lower f orms of the other.
And when man walks forth to complete all
these objects, it is evident that there is a high
er principle in him, which is not in the mine
ral, or in the plant, or in the brute ; but it is
just as clear that he has aflinites with the low
er creation lending upwards to him. Made of
the dust of the ground, his bodily frame is
subject to all tho inorganic laws of the world,
and at last returns to the dust out of" which it
was formed. As an organism, he is subject
to all organic laws ; he needs breath and food
from without, and has an allotted period of
existence. As an animal, his bones and his
muscles, his very nerves and brain, are after
the same model as those of the brutes; like
them, he needs organized matter wl.creon to
feed ; and like them, he is susceptible of plea
sure and pain. It may be maintained that the
lower animals are, in a sense, anticipations of
humanity, and have appetites, instincts, at
tachment as lor offspring and home percep
tions, and a sort of intelligence, which, though
not identical with, are homologous to, certain
of the lower endowments of man.
All this does not prove, as some would ar
gue, that man is merely an upper brute pos
sibly sprung from the monkey, or removed
from it only as one species is from another.
In his bodily frame he may be simply a new
species the highest organisms with the fore
limbs turned into hands, and his frame raised
into an upright attitude even in this so far
anticipated by the ape- But in his soul, en
dowed with power of discerning the difference
between good and evil ; capable of cherish
iDg voluntary affections which alone (and not
mere instinctive attachments,) are deserving
the name of love and of rising to the knowl
edge of God, and of communion with him ;
by reason of his soul responsible and immor
tal he belongs not merely to a new species
or genius ot nature, but to a new order in
creation. In respect to this his nobler part,
he is made not after the likeness of the brute,
but after the image of God. He stands on
this earth, but with the upright face he looks
upward to heaven. Huch Miller.
The Potato Disease.
According to a correspondent of the Xa
tional Intelligencer, tho potatoe disease was
known iu Ireland nearly one hundred and twen
ty years ago, the first record of it being in
1739 and 1740. Tho principal cause of de
struction, however, at that time, was severe
frost. So total was the failure of the crop,
that no less than 000,000 persons died in con
sequence ot resulting laniine. The next
memorable potatoe blight in Ireland was in
17G5, and there were partial failures in 1770,
1779 and 1784. That of 17& was mt confined
to Ireland, but extended all over Europe, and
even to America. In 1800 the potato partially
failed in Ireland, and the failure was charac
terized by the peculiar withering of the haulm
which has been so marked in the consequent
attacks of the disease. The years 1801, 1807,
1809, 1811, 1812 and 1816 were all bad years
for the potato crop in Ireland, and during the.
last year (1816) as bad in England as in Ire
land. In Ireland almost every second succeed
ing year since 1S1G has been a failure in the
potato crop. In 1840 the potato disease
prevailed to such an extent in Germany that
the total extinction of the esculent was threat
ened. Tho year 1S43 was a very bad year for
the potato in America, though not very unfa
vorable in Ireland ; but it was the commence
ment of the great blight which prevailed for
the next five years. The year 1848 the crop
almost entirely failed, and in 1849 and in 1850
the potato failure was very extensive and in
tense. It seems to nave reached its acme,
however, in 1818, and it has since then grad
ually declined. The severe frosts of 1853
seemed to have beneficially changed the lia
bility of potatoes to disease, and the root has
again assumed a healthy character and regain
ed its natural flavor.
Bcrnixg Sods for their Ashes. At a mee
ting of the Skcneateles Farmers' club, Mr. W.
P. Giles gave the result of an experiment on
his farm, some years ago, in burning the turf
upon a piece of swampy ground which had
been reclaimed by draining. Tho sod was cut
loose in the fall, and in the spring was thrown
into heaps and burned by the aid of old rails
and stumps, and the ashes were then spread
as a top dressing upon the land immediately
after plowing ; tho result was an enormous
crop of corn, while the adjacent parts of the
same field were ruined by the worms, lhe
ground continued to produce larger crops of
grain and grass than other parts of the field, to
this dsy. He also alluded to the practice of
the Hon. Mr. Dickinson, of Steuben county,
of cutting up the sod along tho side of the
highway, and throwing it in heaps and burning
it, to make manure, with beneficial results.
Briobam Yocnq Among the curious de
velopments of the stoppage of a banking
house at Washington, is the fact that Brigham
Young is minus abont ten thousand dollars,
baviog boen a confiding depositor to that ex
tent, though the agency of the territoiial del
egate, who transacted 'bis financial business
in that quarter.
IX SUPREME COURT.
Thompson, pVff in error vs. Chase, deft in error
Common Pleas of Clearfield County.
Opinion of the Court bt Thompson, J.
The most palpable thing about this case is
the obscurity or rather darkness, which sur
rounds it. The dim light shed upon it, by the
paper books, relieves us but little from tho ne
cessity of a laborious scrutiny to discover the
true nature of the controversy. .Nor does the
charge of the Court below aid us. The Court
gave no reasons for their conclusions, and as
neither party submitted any peists, weare Jo.
measure the charge- by general principles,
without knowing wihe'thcr there was anything
exceptional in tee case or not.
1. First then, as to the bills of exception to
the reception of evidence. The books of the
Commissioner's office having been produced
and proved by the proper custodian, it was
certainly competent for the opposite party to
call and examine a former clerk to explain en
tries made therein by himself while he was the
keeper of them. These books, although evi
dence, are not records imparting absolute nice
ty, but may be explained. There was no er
ror in the ruling on this point.
The witness Bowman, stood clear of any such
interest in the controversy as would exclude
him from testifying. The verdict and judg
ment could never be evidence fr or against
him. Besides, any interest he may have had,
he had previously to tho trial transferred to a
stranger to the controversy. He was rightly
admitted to give evidence.
2. Errors assigned to the charge of IheConrt.
ThcCourt charged that "the plaintiff'bad shown
no such assessment as is required under our
acts of assembly to warrant a sale" and direc
ted a verdict for defendant. Why so 1
The books of theCooimissioner's office show
ed the land regularly assessed and the amount
carried out against it as unseated tor the years
for which it was sold. This with the Treasu
rer's deed was.all that was necessary to be
shown to establish a prima facia case for the
plaintiff. These books are expressly made ev
idence of the assessment of taxes by the act
of the 12th April, 1812. They were'so, how
ever, before the passage of that act.
Was there anything in the parol testimony
so incontrovertibly decisive, as to overthrow
the case thus made, and to call for a binding
direction, that the assessments were void 1
There may be cases, in which the facts proved
are so indisputable, that a judge may be jus
tifiable in treating them as ascertained tbinj
yet the jury most nevertheless pass upon them;
but here, if there was any materiality in the
evidence, which we do not perceive, the bind
ing direction was wrong; it was for the jury.
If there was nothing, the direction was wrong
for the reason that the assessments, as evi
denced by the books stood good and solid and
the charge should have been the other way,
as to that matter.
It appears from the parol testimony that af
ter the 1st of January, 1846, and within that
month, as we would infer, the taxes due and
assessed upon the land lor the years 1845-46
were transferred to the unseated list by order
of the Commissioners by entry on the asses
sor's duplicate and for those and the taxes of
1847, the land was sold in June 1848. If there
be any standard for the accurate assessment of
land which is unseated, and this proceeding
was not according to it, the departure from it
was but an irregularity at most, which would
not invalidate the sale. The quality of the
land was designated, the amount due was ac
curately carried out and had been due for
more than a year before the sale this consti
tuted a good foundation for a valid sale.
In Russell vs. AVerntz, 24 State Kep. 337,
and in Laird vs. Ileister, same book 453, it is
set'Ied if it had not been before, that when
land is indiscriminately assessed, seated and
unseated, in the same duplicate, ana the tax
has remained due and unpaid for more than a
year such land, if unseated, may le placed
on the list of unseated lands aud sold, without
having been on such list for "one whole year,'
and if the land was in part unseated the title
will be good. The advertisement ai.d sale un
der the act of 1815, must be of unseated lands ;
and then title will depend solely upon the facts,
of whether the land wis unseated, and wheth
er a tax regularly or irregularly assessed, had
been due a year before the sale. Taxes due a
year land unseated and sold, are the essen
tials to title. The act of 1842 but declared
what the law had been adjudicated before, that
the books of assessment of taxes in the office
are evidence of assessment. It is the books
we have to do w ith and not the form or man.
rter in which they are kept, and this was dis
tinctly held in Laird vs. Ileister, (supra.)
There are cases however, in which the Com
missioners may impose the tax, as when the
land is returned by the County Surveyor and
not otherwise assessed, or when a fourfold tax
is imposed. In such cases it must be designa
ted as unseated, and cannot be included in the
sale list, until one year after such assessment,
as in other cases.
But there are cases in the books such as
Lowman vs. M'Call, 4 W. & S. 133. Milliken
vs. Benedict, 8 State Rep. 169. Common
wealth vs. Woodside, 14 ib. 404, and perhaps
one or two others, In which notice to the own
er of the transfer from the seated to the un
seated list, when practicable, was required in
order to render the sales valid. There are ex
ceptional cases, as was said in Laird vs. Ileis
ter, resting upon a supposed arrangement be
tween the taxing officers and the owners, that
the land was treated as seated, and the tax col
lected as if such was the case, without discus
sing the wisdom or propriety of making or re
cognizing such arrangements, or impugning
their soundness at this time, we say the doc
trine is only applicable to a state of facts io
which such arrangement is apparent to no
other. We leave owners to take notice that
their lands are unseated if they are so, and if
they do not pay their taxes they cannot com
plain if they are sold. As there was no ar
rangement pretended to bring this case within
the exceptional cases, the owner in fact, not
being a party to the suit, nor any one claiming
under him, the doctrine would furnish no
gronnd for the charge of the Court.
As the case stands, therefore, on the assess
ments and sale it was for the plaintiff, for any
thing we can discover. But there were other
grounds of defence which if established would
avail the defendants. They must only be al
lowed to accomplish this result however, ac
cording to the rules of law and practice of tho i
Courts. If dependant on Tacts they must be
submitted to the jury. The court cannot de
termine them. We learn from the paper book
of the defendant, that be claimed that the land
was in fact seated during the years for the
taxes of which it was eold. Also that upon
' the locus in quo, the taxes had been paid. Ei
ther of these things would be a pretty effectual
defence, but being questions of fact would be
for the Jury and not the Judge to determine ;
and if in view of such facts, the under direc
tion was given to return a verdict for the de
fendant, it was error. .
We see no effect, prejudicial to the plaintiff,
likely to have followed the remark of the
learned Judge, assigned as error In the further
specification. If the remark waa meant to
convey the idea that the owner could not with
draw his redemption if done shortly after it
Ca4,ade, and take back the redemption
money with the permission of the treasurer,
and counsel of the purchaser, and permit the
sale to stand, we think it would have been er
ror. He could undoubtedly do so. But it is
not easy to say whether this was the Intent and
meaning of the remark or not.
For the reasons given, this Judgment Is re
versed nnd a venire de novo awarded.
The case was argued before the Supremo
Court, by L. J. Cras, Esq., for pt'tfl in error,
and W. A. Wallace, Esq., for deft, in error.
MODERN LICENTIOUSNESS.
One of our contemporaries notes the evi
dences scattered broadcast in the literature of
the present day, that the faith of large classes
of the active population of the world at tho
present time, in the long established codes of
virtue and morality, is destroyed. He then
refers to the effect of fhe French Revolution
and the defence of suicide in Europe, and to
the consequence of political abuse of govern
ment and the justification of private revenge
on this side of the Atlantic, and adds:
Probably there lias been no such a wide
spread aud long-continued sapping of tb
most fundamental virtues of society sinco
Christianity arose. Just before its rise, bow
ever, there is a page in the histories of Judea,
of Greece, and of Rome, exhibiting precisely
such a spectacle as wo now see. The "Sad
ducees among the Jews had sapped the belief
of the higher orders in all -the retributions of
another world, and the Epicureans among the
Greeks and Romans had descended to the most
open advocacy and practice of sensual pleas
ure, as the chief good in the .present world.
Horace aud Juvenal, no less than Josepbus,
exhibit just such an eclipse of all faith in vir
tue, as beclouds large masses of the peojde as
to anything out of and higher than the al
mighty dollar.
It is especially to be remarked, that this
sort of scepticism is to be loifhd chiefly in
those who are ignorant of the classics, and
of the history of those debates and struggles
after a true standard of I mm an moralities
which preceded the rise of Christianity upon
the ruins of all previous csepticisra. Our
present system of laws as to the protection of
life, of marriage, and of property, are the re
sult of the siftings and experiences of all'
past ages, of Jewish laws, of Grecian spec
ulations, and of the Roman Pandects, as well
as of the Epistles of Paul, and of the experi
ences of the early Christian sages.
All deep experience brings usen round, af-'
ter actual trial of lite, to tins standard of mor
als, as the most perfect exhibition-of the
teachings of natural virtue, the most com
plete code of human happiness. Lord By-'
ron, in his latter days, in his conversations
with Mr. Kennedy, declared himself mado.
more of a skeptic through the professed Chris
tians he had met, than through anything in
Christianity; and while acknowledging him
self the slave ot evil habits, took as much in
terest in circulating Bibles among th Greeks
as fighting their battles, and died apparently '
with more hope and faith in the good to be
done by the f ormer than the latter of these
methods of liberating Greece.
Dr. Franklin, though skeptical in early life,
and lamented over as such by Dr. Priestly at
a late period, yet, by the quaint epitaph bo
wrote for himself, proclaimed his faith in
the resurrection, and wrote to Tom Paine, be-,
seeching him not to "unchain the liger," as he
significantly wrote, of human passions, loos
ened from Christian morality, by such publi
cations as his Age of Reason. Upon the
whole, while a breaking up of all dogmatism,
and national religious establishments is clear
ly pointed out as the work of the present age, 1
and while there must be a more complete
sifting out of all those things only accidental
ly connected with Christianity, froni these be-,
longing to it in essence, yet the whole will and
must result in more Jirm -conviction of the
ancient morality as the guide for man in all
public and private life.
Ttpographicai. Ebrors. -"One of our ex
changes says "the vie crop ot Gasconade
county, Mo., this year, is estimated at 25,090
galls." The wine crop was -referred to, but
25,000 galls will make a good crop of wives
notwithstanding, lhe Hartford 'Times,' no
ticing the death of an editor, says "ho was
a high-winded gentleman, and a pungent wri
ter." Perhaps he was a stump speaker of the
high-winded ichool of oratory. A locofoco
editor says "The Democracy are licked iike a
band of brothers," instead of linked, and an
other says, "we have ice the enemy, and wo
are theirs!" Types play sad pranks.
An Irishman being called to testify in court
as a witness, was told by the clerk to bold np
his right band. The man immediately held"
Up his left band. "Hold up your right hand,"
said the clerk. "Plase your honor," said
the witness, still keeping his left hand up,
"plase yer honor, I'm left banded !"
Patent Gcns. Mr. A.Weisgerber, of Mem
phis, Tenn., has a patent for a gun that will
shoot thirty-five times in a minute. The balls
are thrown with gaeat force and precision.
The principle is applied by the inventor to
shot guns, rifles and pistols.
Xot l'ETScBDrED. Intelligence from India
dated at Bombay on the 10th of October,
states that the insurgents still kept the field in
force, both in Oude and Central India, but
the British leaders were preparing for a deci
sive campaign against them. ,
It is an actual fact that.a man who attempt
ed to hug a beautiful young woman named
Miss Lemon, has sued her for striking bin in
tho eye. - He is altogether -unreasonable-
Why should he squecse a lemon unless bo .
wants a punch ?
Some writer has compared ftiedship to our
shadows, and a.better comparison was never,
made ; for while we walk in the shine of pros- .
perity, it sticks to us, but the -moment we
enter the shades of adversity, it deserts us.