V Hi i $! -. . . 2 ; . : ! BY S. B. ROW. CLEARFIELD, PA., WEDNESDAY, NOVEMBER 21, 1860. VOL. 7.VO. 13. 1 1 ItJfll flW Ifi i 3 it ! 1 : 1 CLEAKFIELD, PA., NOV. 21, 1860. THE CATHCART MURDER CASE. "The case of John Cathcart, charged with the "murder of his wife, was again called up in the Court of Oyer and Terminer of Clearfield county, on last Wednesday, when the motion for a new trial, &c, "was argued by W. A. Wal lace and H. II. Swoope, Esquires, on the part of the prisoner, and by J. B. McEnally and 11. J. Wallace, Esquires, on the part of the Com monwealth. On Thursday morning, His Hon or, Judge Linn, rendered the decision of the Court, as follows : We have been moved in arrest of judgment and asked to award a new trial to the prisoner in this case for several reasons, which have been filed of record, and have been pressed upon us, by the counsel for the prisoner, not only with great zeal and ability, but also under the fullest and deepest impression of the res ponsibility attending their official position, and we have endeavored to give to them that serious and careful consideration which the solemn importance of this case demands. In doing so, we have tried to keep in view that the issue is one of life and death to this priso ner, and consequently wo have given him the full benefit of all the doubts and presumptions which should enter into the consideration of the question? presented to us. The reasons ottered, why a new trial should be granted, are as follows : - 1st. Because there is not sufficient evidence to warrant the conviction of murder in the first degree. In our view of the case, the main question upon which its final determination rested, was whether the act was done designedly and not by accident ; and if intentionally, then wheth er it was done 'wilfully, deliberately and with premeditation," such as accords with the provisions ot the Act of livl. And we are now asked to say in deciding, the motion for a new trial, that there was no evidence in the case that would warrant the finding of such a verdict as was rendered by the Jury. In deciding this question we are not to invade the province of the Jury, who are by law the judges of the facts a wise provision of the law which constitutes one of the great safe guards of the accused and we would there fore not be justifiable in granting a new trial merely because, from a view of the evidence, the minds of the Judges might have, been led to a different conclusion as to his guilt or the degree thereof. Where jurors undertake to render a verdict which is manifestly contrary to the evidence, or where there is no evidence to w arrant their finding, the duty of fcue Court to set aside tho verdict and order a new trial, is quite apparent ; but where them is evidence bearing upon the question, the Court will not and should not disturb the verdict merely be cause it may not be such as they had expec ted would be rendered, nor because they would have decided the question of fact dif ferently. Even in view of the solemn conse quences resulting from this verdict, we can not say that there was not evidenco in the case from which the Jury might find tho exis tence of the requisites to murder in the first degree. The killing was not denied, nor that the deceased came to her death by the hand of the prisoner, and the question of intention, as well as of the degree of guilt, was fairly and fully submitted to the Jury for their finding they have passed upon the question and have rendered their verdict, and the question which is now presented to us is, not wl.ether we would have found a different verdict, but whether the verdict rendered by the Jury is a legitimate result of the determination of tho questions of facts submitted to them. We will not un dertake to analyze the evidence in the case, nor mention nor enumerate the facts and cir cumstances from which the Jury might infer an intentional killing, and the presence of malice, premeditation, &c. It is sufficient for us to say, that whilst we might have been sat isfied with a verdict finding a lower degree of homicide, the Jury who have passed upon the facts, after a full argument, and a charge as favorable to the prisoner as he could reasona bly ask or expect, have found otherwise, and we cannot see how we can interfere with the verdict for this reason, without a palpable vio lation ot duty. I'd. Because the Court erred in admitting tho testimouy of Mrs. Ray in rebuttal of the prisoner's case, and in admitting the declara tions of John Cathcart made in jail. This was not urged in the argument and wo see no reason for changing our views as to the competency of this evideuce ; besides, the de- lendant fias askod us to seal a bill of excep tions, of which be may have the full benefit in a higher court, if we have erred in this behalf. 3d. The Jurors were not properly sworn. in passing upon mis auegeu reason lor a new trial, we h ave been requested by the pris oner's counsel to state the manner in which the Jurors were sworn? so that if an error has been committed, the prisoner may not be de prived of the benefit of it. To this request we cheerfully assent. None of tho Jurors were sworn until tho whole twelve were empannel ed. The oath was then administered to them, not separately, but as many as swore by the book were asked to arise, and they were sworn thus: "You, and each of you, swear," kc, using the form of oath, and so on as to those who were qualified in a different form. The .defendant's counsel now except to this mode pf swearing the Jury, and insist that each Ju jor shonld have been sworn separately. We are aware that ordinarily this is done, but the vonrt were induced in this case to defer swear ing the Jury until the panel wag full, lest they might bo obliged, on account of the rumors which might prevail throughout the country, to dismiss the Jury and continue the case. We cannot see any reason why the mode adopt ed is unlawful. The Jurors were by this mode severally placed under the obligation of the oath, put as effectually, to all intents and pur poses, as though it had been administered to eaph one in succession. We cannot see how the case pf the prisoner can be prejudiced by this practice. Besides, we are of opinion that ne objection, being matter of form, should cave been made at the time the Jury was r?'-afd tIiat U " no rcason for granting a new trial. It is said by counsel that the pris- ,"frmaJrrcinain 8i,nt tak his chance of an W." ' na aUcr conviction, urge this ob jection. There r.r hnir.x.. -..,. !...-:.. f " UlEUllUlklCO which the prisoner must object to at the time or they will be considered as waived, and it seems to us that this is one of that character. 4th. During the progress of the trial and af ter the evidence and argument had closed, the tip-staves in charge of the Jury, both of whom were from the region where the transaction oc curred, and one of whom was a witness upon the part of the Commonwealth, mixed and conversed with the Jurors. We cannot discover from the evidence any misconduct on the part of the tip-staves or Jurors, eucaas would warrant the granting of a new trial, nor is there in our opinion any thing in the evidence to support the next rea son assigned, viz : that 5th. Whilst the cause was progressing, du ring tho intervals between the sessions of the Court, the Jurors were accessible to outside influences, and persons actually entered their room. 6th. While the Jurors were deliberating up on their verdict, one of the tipstaves was pres ent in the room. The testimony of Mr. Faulhamus fully ex plains how this occurred, and we fall to see in the transaction anything that calls for the granting of a new trial. lie . merely entered the outside door, ascended the stairway, look ed into the upper room occupied by the Jury, and asked lor two buffalo robes which were needed by the owner of the building, and who requested the tjpstave to procure them lor him. .No injury could possibly result to the prisoner from this, nor do we find any rule of law under which a verdict rendered under such circumstances would be set aside. 7th. Because of errors in the Court, and improper influences on the Jury. Upon this general reason it is unnecessary to make any comment, and hence we will pass to the consideration of the fcith and last reason assigned as follows : 8th. Because the defendant is convicted of a higher grade of murder than he can be guil ty of under the testimony, and has, since tho trial, discovered evidence to prove that his mind was incapable ot premeditation by rea son of intoxication. This proposition has been pressed upon us with great zeal and earnestness, and calls for a careful and close examination. The first branch of it has been answered by our remarks upon the first reason assigned, and the latter clause asserts as a reason for a new trial the discovery of material evidence since the rendition of the verdict. Mr. Wharton,in his admirable trea tise on American Criminal Law, at page 1030, says: "A party who seeks for a new trial on the ground of newly discovered evidence is chargeable with laches, if previous tathe trial, he knew that the witness, whose testimony he seeks to introduce as newly discovered, must probably,jfrom his continuation and employ ment at the time of the transaction, the sub ject of controversy, be conversant with the facts in relation to the transaction, and espe cially where, previous to the trial, the party knew, as the witness himself testifies to, what the witness could prove, although at the time of the trial, and while preparing therefor, the party hsd forgotten the lacts." Now apply this rule to the case in hand. The prisoner, by his counsel, alleges that he can now prove by several witnesses that he was intoxicated at the time the act was committed. Giving to tho prisoner the full benefit of this exception, we may not shut our eyes to the fact that lrom tho testimony of those witnesses, the prisoner must have known at the trial, and while he was preparing for trial that those witnesses were cognizant of the facts which he desires to prove by them. They were present with him, saw him drink and fill his bottle, and the prisoner drank twice at the house of Mr. Shoff, and several times with John Gregory. Now when we consider that this all occurred on the day on w hich Mrs. Cathcart met her death and but a few weeks before the trial, and apply to it the rule of law which wo have just quoted, can this testimony with any propriety be called "after discovered evidence ?" No effort was made to procure tho attendance of those wit nesses, and the persons who were sworn as witnesses upon the trial, and who were present and saw the prisoner and conversed with him, or heard him converse with others, immediate ly or soon after the act was done, were not interrogated as to his condition at the time- whether intoxicated . or sober. Thomas Cath cart testified that he was there w hen the gun went off ; Nancy Cathcart swears that she was there a few minutes after, and other witnesses who came in during the evening, would most probably have been ablo to state the condition of the prisoner ; but the question was not ask ed of any of them, so far as we remember, except Dr. Fetzer, who says that not having known the prisoner previously, he could not say whether he was intoxicated or not. But the counsel of the prisoner assert that,although the testimony might or should have been known to the prisoner at the time of the trial, yet through ignorance or forgetfulness ho failed to communicate it to them. This, as will be seen by the rule already quoted, is no ground for asking a new trial. We are clearly of opinion that tho prisoner has not brought his case within the rules in regard to after discov ered evidence on the contrary, we are con strained to say that if the rules of law are ob served, this cannot upon any principle be called newly discovered evidence. Again, we are asked to consider in deciding this motion, that a great deal of public preju-i dice and much excitement prevailed at the time of the trial, and that the prisoner has consequently been denied the benefit of a fair and impartial trial. We are not made aware of such a state of feeling other than by the assertions of counsel, if we except the rumors that are afloat as to the feeling in the neigh borhood. The Jurors upon being called were, at the request of the prisoner's counsel, put upon their voir dire, and very few of them were found to have formed or expressed any opin ion in reference to the guilt or innocence of the prisoner. But admitting the fact to be so, we cannot sec that it affords any reason for granting a new trial. If such a state of feel ing did exist, and tho Court had been properly informed of the fact, they would, if the re quest had been made, have suspended the trial until a change of venue could be bad, or some other steps taken to avoid the difficulty. But the prisoner cannot take his chance of a trial under such circumstances, and then for that reason ask. the Court to set aside the verdict. This view of the case is fully sustained by the opinion of Justice Rogers in Commonwealth vs. Flanagan, 7 W. & S. 419. ye have thus expressed onr views in rela tion to the various causes assigned for a new trial. It is with the deepest regret that wo feel compelled to differ with tho views of the "earned counsel for the prisoner, and gladly would we have found some way of escape from the conclusions to which we have been driven by an imperative sense of duty. To deal with the life of a fellow being involves a tremen dous weight of responsibility, but it is a duty which we have sworn to perform, and whilst we admit that our sympathies for the unfortu nate criminal have stood up to oppose our pro gress in the way of duty, wo have been com pelled, by the stern mandate of our official obli gation, to thrust them aside and fearlessly and impartially to meet this awful responsibility. Entertaining these views, we are compelled to overrule the motion for a new trial and in arrest ot judgment in this case, and judgment is therefore ordeied to be entered on the in dictment. The prisoner was then requested to stand up, when the Court addressed him as follows : John Cathcart, have you anything further to say why sentence of death should not be pronounced ? Prisoner Yes. I am not guilty of such crimes as I am charged with, before God. DK. LATCH'S MEDICINES. Afresh sup ply of these invaluable Family Medicines aro for salo by M. A. Frank, Clearfield, consisting of Pain Citrer; Restorative, a great cure for colds and cough ; and Anti-Uihotis Physic. They have been thoroughly tested in this community, and aro highly approved. Trv tiiejt. PROVISION AND GKOCEKY STOKE. Tho undersigned keeps constantl on hand at his store room in Philipsbura"Centreycounty. a full stock of Flour, Hams. Shoulders Sides, Cof fee, Tea, Sugar. Rice, Mola sses, Ac, Also, Li quors of all kinds, Tobacco. Segars, Snuff, Ac; all iof which he offers to purchasers on the most ad vantageous terms, (live him a call, and try his articles. Imar21 ROBERT LLOYD. GKIST AND SAW MILL FOR SALE. The undersigned will sell at private sale his prist and saw mill on Little Clearfield creek, in Sew Millport, Clearfield county, Pa. The grist mill can be run by cither steam or water, or by both at the same time. The machinery is all good. The location is one of the best in the county. The saw mill is in good running order and capable of sawing 4000 feet every 12 hours. There is also a dwelling house with the property. For terms. which will bo moderate, apply to the eubsenber, residing in New Millport - Aug. 15, 18li0-3ui. MARTIN O. STIRK. B' ROKE OUT IN A "NEW PLACE ! IM PORTANT NOTICE TO THE RAGGED!!! The undersigned having opened a Tailoring Es tablishment in Shaws Row, in the room recently occupied by II. F. Naugle ns a Jewelry Store, an nounces that ho is now ready and willing to make Coats. Pantaloons, Vests, trc, for his old custom ers, ami us many new ones as may give uim a call, after the latest and most approved styles, or after any of the old fashions, if they prefer it. Ly doing his work in a neat and substantial manner, and promptly fulfilling his engagements, he ex pects to secure a liberal share of patronage. Jan. 18. 13(50. WM. RADEBAUOII. ; SI A A A II RAYMOND S PATENT SEW 1U.UU II ING MACHINE FOR TEN DOL LARS, will Fell, Gather, or do any kind of fami ly sewmcr and sosimnle that anv lad v can learn I to operate on it in half an hour. It will make one thousand stitches in a minute, and for its su periority in every respect, it took the First Pre mium at the Maine State Fair over all other Sew in Machines. A large number have been sold and are now in use in this borough (Brook ville) and vicinity, and are pronounced the simplest and best machine ever invented superior to most of the high priced sewing machines. The undersigned having purchased the Right from the Patentee, to sell these machines in the counties of Jefferson. Clearfield. Elk, and Forest, arc now ready to fill orders for the same in the a bove district. Orders for machines will be filled in the order of their reception. Persons wishing machines should send in their orders immediate ly, as we bavo over 30 machines already ordered in ad vanceof ouraupply. Township right for sale. All applications for machines or township rights by letter or otherwise, should be addressed to A. ii. M LAIN & CO.. Aug. 15,18G0-tf. Brook ville, Jefferson co.,Pa. Russell McMurray RESPECTFULLY INVITES TME ATTEN TION OF IIIS I Old Customers, and others, .to his Large and well selected Stock of j Ml two WinUt (Bmhs, i WIIICII HE OFFERS VERY LOW FOR CASH. lie also continues to deal in Lumber of all kinds, In any way to suit customers. The highest market price will be paid for all kinds of grain. Come and see for yourselves. New Washington, November 1, 1860-6m. FALL L.J THE FIRST ARRIVAL j WITTTEB I860. 1860 Fall and Winter Goods. AT THE OLD STAND OF REED, WEAVER & CO., Maritt St., 2 doors Nortft of tlie Court House, ""IIERE they are just opening an unusually It is probable that the case will be taken to the Supreme Court by the prisoner's counsel, upon exceptions to the ruling of the Court du ring the trial, and for which a Bill has been sealed. The Russian government has ordered the clergy in Poland not to urge the people to to tal abstinence, because tho revenue from tax es on spirits may be dimished. They are, however, allowed to enlarge in general terms on the blessings ot temperance. An old doctor said that people who were prompt in their payment always recovered in their sickness, as they were good customers, and physicians could not afford to lose them. A good hinlt and a sensible doctor. Boy, where does this road don't think it goes anywhere, urn hero every morning." go to I" "I I always sees NULLIFICATION. it is a suggestive circumstance that the fa mous South Carolina Nullification ordinance of 1832 followed, like the present secession uu.ciuenis, immediately upon a Fresidentia etecwon. it was adopted on the 24th of No veuiocr, within a fortnight after the ro-elea tion of Gen. Jackson, by a Convention called for that purpose, by an act of the Legislature passed at a special session. Tu:.. l: ' . ... .... uruinance. alter scttm? forth in a nri amble, that under color of laying duties and iiupusis on toreign imports, Congress had pas sed certain acta really intended lor the protec tion of domestic manufactures, and. in sin do. ing, had exceeded its just powers, proceeds to declare all such acts, and especially the Tariff acts of 1828 and 1832 "null, void, aud no law," and not bindding on the officers or citizens of jjoutn Carolina. All bonds given, or to bo given, for duties, under those acts, were de- nareu void ana also all legal proceedings com menced lor their collection. It was further made the duty of the Legistatuse to adopt all ouuu measures as migni be necessary to give eueci io the ordinance and to Drevent. after the 1st of February following, the collection of any amies under the acts above nullified. No appeal was to bo allowed from the State Courts to tho Supreme Court of the United States in any case in which tho validity of the ordi nance suouid bo drawn in question. All State oHicers wero required to take an oath to sup port me ordinance and the acts of the Lecris laturo passed in pursuance of it, and all citi zens were enjoined to give their aid in carrying sucn laws into euect. The ordinance further declared that any at tempt on the part of the Government of the United States to reduce tho State to obedi- enence, or the passage of any act of Congress authorizing the employment of a military or naval lorce aginst the State, or closing the ports, or obstructing the commerce of South Carolt na, or otherwise intended to enforce the nul lified acts, would be considered as inconsistent with the further continuance of South Caroli na in the Union, and that, considering them absolved from all further obligation to main tain their political connection with the people of the other States, they would forthwith proceed to organize a separate Government and to assume entire independence. This ordinance reached Washington simul taneously with the meeting of Congress. The President briefly alluded to it in his annual message, promising a special message, should the persistence of South Carolina render it necessary to appeal to Congress for additional powers. Meanwhile, on the 10th of December he issued his famous proclamation, in which he argued the question with tho Nullifiers on Constitutional grounds ; adjured the people of doutn Carolina not to be led by demagogues to their destruction : held out a modification of the tariff as the probable result of the ap proaching extinguishment of the public debt, and expressed his determination to execute I the laws, and to sustain the Union. This proclamation did not seem to produce much effect on the nullifiers. The South Car olina Legislature proceeded to pass acts to carry the ordinance intoeffect, and to organize forces to the extent of 10,000 volunteers, and provide military means for reaisting any exer cise of force on tho part of the U. States. Eai ly in Jan., President Jackson sent a message to Congress setting forth these facts. In conse quence of this message, and the recommenda tion contained in it, Congress proceeded to pass an an act commonly known as 'The Force bill." This bill authorized the Presi dent, whenever, in consequence of unlawful combinations and obstructions in any collec tion district, it became impracticable to col lect the revenue in the ordinary way, to re move the Cnstom-llouse to some secure place within the District, either on land or on board a vessel, at which all ships arriving should be detained till the duties were paid, and to em ploy the land and naval forces of the United States, or the miltia, to repel any attack upon tho Custom-IIouse so established, or any at tempt to interrupt the officers in the discharge of their duties ; also, restricting to the Courts of the United States any suits in relation to anything done under this law, and authorizing the President to employ the forces of the United States to uphold those Courts in the exclusive exercise of this authority. Things looked for a little while exceedingly squally. We had as much speechifying, vol unteering, cockade mounting, and as many rumors of foreign aid then as now. The whole thing, however, soon proved a mere bubble. The nullifiers took advantage of the passage of the compromise tariff to back out of their f ilse position, and luckily for that time any collision with the General Government was prevented. A'eu? York Tribune. Lousiana does not take kindly to the seces ion business. We give a special telegraphic dispatch from New Orleans saying that the thing is a failure there. How could it be otherwise 1 What would be the future of New Orleans without the Union ? All that she is she owes to the blessings of this great confed eracy. Cut off the free States from her, and the Mississippi would fail to bring her its pres ent tide of commerce and wealth and popula tion. Aside from this, Lonisana has grown up to strength and prosperity under the wings ot the Union, as she could not else have grown, and it is rather hard in these new States to talk of rebellon. In the case of Florida, se cession would be ridiculous, for were she once to get oat of the Union, she has not popula tion enough to get back again as a State, and wonld have to remain in territorial pupilage, subject to settlement by nrothern men. The manifestations of disunion at this time are nearly all in the Gnlf States. Delaware Mary land, Kentucky, Tennessee, Missouri, North Carolina and Virginia, remain firm for the U nion. North American. What thetDrisk. An analysis of drinks sold in the groggeries, gives the following re sult : Four parts camphene, three parts molas ses. The other, part is a compound of forty per cent whisky, blue vitriol and an imitation of Cayenne pepper. ' The brandy, gin and whisky, are all of nearly tho same consisten cy. The difference being in a slight variation of parts to affect the desired taste "and color. For instance, a great quantity of molasses and tobacco juice are present In the brandy, and more vitriol in the whisky. We recommend these beverages to persons who desire to stop drinking. We pledge our reputation for sci entific knowledge, that he who continues in the daily use of these liquids, will stop drinking in a very short time. , . r. ; u v: , THE SECESSION MOVEMENT. A citizen of South Carolina has sent to tho Washington Constitution the following as one of the proposed forms of declaration of inde pendence, to be submitted to the Convention which is to meet on the 17th of December : PROPOSED DECLARATION OF 1NDEFENDESCE OP 80CTU CAROLINA. When, in the course of human events, it be comes necessary for one people to dissolve the political bands which have connected them with another, and to assume amone the pow ers of the earth the separate and equal station to which the laws of Nature and Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare tuo causes which impel them to the separation We hold these truths to be self-evident, that aituough all men are created wholly unequal mentally, morally, and physically, yet they are equally entitled, under every civilized go vernment, to the lull protection of their lives persons, and property, lor which protection governments aro solely instituted among men, uenvmg tneir just powers solely from the con sent of the governed ; that whenever any form ot government becomes destructive ot these ends, it is the right of the people to alter, or to aoonsn it. ana to institute a new govern ment, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and accordingly, all experience hall snown that mankind are more disposed to sul fer while ills are sufferable, than to right them selves by abolishing the forms to which they are accustomed. Uut when a lone train of a buses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, ana to prrvide new guards for their future se curity. Such has been the patient sufferance ot the Southern States of this Union, and such is now the necessity which constrains them to alter their present system of Federal Govern ment. The history of the present Northern States is a history of repeated injuries, insults. ana usurpations, and having a direct object in the establishment of an absolute tyranny over tlie Southern States. To prove this, let facts be submitted to a candid world : 1st. Tne Northern States of this Union have for many long years warred against our pecu liar institution of slavery, instigated bv tho dictates of a relentless fanaticism, which de clares that institution to be a moral sin, whilst we hold it a Divine institution, established bv God himself, in the following decree enuncia ted to Moses on Mt. Sinai : . ".Both thy bond men ana thy bondmaids which thou sbalt have shall be of the heathen that are around about you ; of them shall ye buy bondmen and bond- maias ; moreover, of the children of the stran gers that sojourn among you, of them shall ye buy, and they shall be your possession : ye shall take them as an inheritance for your cniidten after you, to inherit them for a pos session ; they shall be your bondmen forev er." Ana we further hold that this Divinely established institution was always sanctified oy our avior ana his Apostles. za. A large number of Northern States have nullified the Constitution of the present U- nion by passing laws to prevent the fulfill ment of that Constitution, which declares that fugitive slaves shall bo delivered up to their owners, the principle of which fugitive slave law has the express and sacred sanc tion of St. Paul the Apostle. dd. The Northern States of this Union have declared that tho people of the Southern States shall net emigrate with their property into tho Territories,which rightfully belong to them e- qually with the North ; and that the people of tne isoutn shall not have their property pro tected by the Federal Government, when such protection is (as above declared) the sole end and object of all government. 4th. Ihose Northern States have, bv a re lentless and unscrupulous majority, constantly Imposed heavy taxes, not simply without, but directly against our representation and our consent in the general Congress, by levying onerous and excessive duties upon goods im ported in return for, and purchased by, our cotton, rice, and tobacco, and in order to ex pend vast sums at the North in improving and fortifying their own harbors, towns and cities, at the evident and direct expense of the products and labor of the South. oth. Those Northern States have elected bv an overwhelming sectional vote a President and Vice President, both from their own sec- ion of the country, in direct opposition to our wishes and our protests, neither of whom have received one single vote from our section, and whose express creed is that "there is an irre pressible conflict against slavery, which can never cease until slavery is extinguished.' We have for long years, in vain, appealed to their sense of justice and of common right ; we have conjured them by the ties of our com mon kindred to disavow and abandon these usurpations which would interrupt and inevi tably destroy our connections and our Union. But they have been deaf to the voice of jus tice, of honor, and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation : and hold them, as we hold tho rest of mankind, ene mies in war in peace, friends. We, therefore, the representatives of the people of the Stato of South Carolina in con vention assembled, appealing to tho Supreme Judge of the" World for the rectitude of our intentions, do, m the name and by the author- ty of the good people of this State, solemn ly publish aud declare that the State of South Carolina is, and of right ought to be, a free and independent State ; and that all political connection between it and the Northern States is, and ought to be totally dissolved ; and that as a free and independent State, we have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which an independent State may of right do. And, for the support of tbi declaration, with a firm reliance on the the protection of. Divine Providence, we mu tually pledge to each other our lives, our for tunes, and our sacred honor. ' The Kent county, Delaware, Court has sen tenced Johu R. Ilamllton, convicted of kil ling his wife, to pay a fine of $4,000, to stand in the pillory one hour, receive sixty lashes, and imprisonment for life. lie who takes an eel by the tail is sure to come off empty handed. WALKING A RAFT. There was a fellow once stepped out of the door at a tavern on the Mississippi.meaning to walk a mile vp the shore to tho next tavern. Just at the landing there lay a big raft, one of the regular old fashioned whalers a raft a mile long. AVell, the fellow heard the landlord say tho raftwasamile long, and he said to himself, 'J will go forth and see this great wonder, and let my eyes behold the timbers which tho band of man hath hewn." So he got on at the lower end, and began to ambulate over tho wood in pretty fair time. But just as he got started the raft started too, and as ho walked up the river, it walked down, both travelling at the same rate. When ho got to tho end of tho sticks, he found they were pretty near ashore, and in sight of a tavern ; so he landed, and walked straight into tho bar-room he'd come out of. The general sameness of things took him a little aback.but he looked the land lord steady in tho face, and settled it in his own way. "Publican," said he, "are you gifted with a twin brother, who keeps a similar sized tav ern, with a duplicate wife, a comporting wood pile.and corresponding circus bill, a mile from here ?" The tavern keeper was fond of fun, and ac cordingly said it was just so. "And. publican, have you among your dry goods for the entertainment of man and horso any whiskey of the same size of that of your brother's ?" And the tavern man said, that from tho ris ing of the sun even to the going down of tho same he had. They took the drinks, when the stranger said, "Publican, that twin brother of yonrs is a fine young man a very fine man. indeed. But do you know, I'm afraid that he sufiers a good deal with the Chicago diphtheria !" "And what's that ?" asked the toddysticker. "It's when the truth settles so firm in a man that none of it ever comes out. Common doctors, of the catnip sort, call it lyin'. When Jl leltyour brother s confectionary, there was a raft at his door, which he swore his life to was a mile long. Well, publican, I walked that raft from bill to tail, from his door to yours. Now, I know my time, an' I'm just as good for myself as for a boss, and belter for that than any man ever you did see. I al ways walk a mile in exactly twenty minutes, on a good road, and I'll bo busted with an overloaded Injun gun if I've been raore'n ten minutes coming here, steppin' over the blam ed logs at that-" ' Storv op a French Girl. The New York correspondent of the Boston Traveler writes : , "A short time since one of the manv a cents that are abroad selecting musical talent for A merica, sent on to the care of Adams & Co.'s Express, a French girl, who was engaged to teacn lor one year in a southern institution ou a salary of $900 per year. Ou her way to New York she saw a German merchant of thiscitv. who was smitten with her, for she was a young iaay oi qzzling beauty. lie followed her to New York and made a formal proposal for her hand. The gentleman was well known to tho head of tho house of Adams & Co. as a man of wealth and standing. But the younc teacher declined the proposal, at least till her contract for teaching thould expire, and the consent of her parents obtained. But the gentleman was not to be put off. The lady had great confi dence in the integrity of the company, and rc- iea on what tho house of Adams & Co. said of the honor and position of tho suppliant. She relented and yielded, and cards are now out for the wedding at one of our most fash ionable hotels, and this young adventurer. with nothing but her talents and beauty, will soon be at the head of an establishment, with a husband worth $."00,000." Mrs. Lincoln. A correspondent of the N. Y. World, who evidently sees the future mis tress of the White House in the most favorable point of view, writes of her as follows : 'She is yet apparently upon tho advanta geous side of forty, with a face upon which aignity ana sweetness are blended, and an air of cultivation and refinement to which famili arity with the courtly drawing-rooms of Lon don, or the aristocratic saloons of Paris, would hardly lend an added grace. She is admira bly calculated to preside over our republican court. If one were permitted so far to de scribe her personal appearance as to meet half way the respectful curiosity which is generally felt upon tho subject, the description would be that she is slightly above the medium stat ure, with brown eyes, clearly cut features, del icate, mobile, expressive ; rather distinguish ed in appearance than beautiful, conveying to he mina generally an impression of self-pos session, stateliness ana elegance. I distrust my own opinion upon subjects of the kind ; null concur in the belief prevalent hereabouts that she will make as admirable a leader of the stately dames and lovely demoiselles of tho national capital as the most fastidious social martinet could desire." How it Works. The tenor of our advices ndicates the existence in South Carolina and two or three other States of intensity of feel ing which threatens great inconvenience to the business interests of those States. The action of the South Carolina legislature, and the excitement of which that is the lever, is alreadv alarming the holders of the bills of South Carolina banks. They are thrown upon the banks in such quantities that the most ur gent measure pressed on legislative attention, after the act calling a State convention, is ono for the suspension of specie payments. Thus promptly does that spirited State get a fore taste of. the embarrassments which will over take her business if she perseveres in the ill advised course on which she has entered. Her finances deranged, her credit crippled, her people staggering under taxation, and perhaps her negroes uneasy and en the point of insur rection, are evils that follow so naturally in the train of attempted secession, that a severe discipline may lead onr infatuated brethren to retrace their steps before they shall have pro voked a collision with the federal authorities. The biightest boy at the late examination at the Naval Academy at Annapolis is said to have been a little fellow of fifteen, from Texas, who had worked his way, poorly clad, all the way from bis native State to Annapolis, work ing at jobs of type-setting along the route. He had studied arithmetic and mathematics by the light of a dip candle, in a garrett, and passed his examination with high honor. One oi our exchanges &aya that "this is the right stuff for commodores." ri ii n i! s 4 r I, I v t f t fl iJ i ; ! It i 1 ' 3 . i ! t i - i i i It : J : f ! f fl f ii 11
Significant historical Pennsylvania newspapers