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