davidaulloa/AmericanStories huggingface dataset:
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

We have before US, in printed form, an exami-
nation of the Dred Scott case by the Hon. Samuel
A. Foot, late Judge of our Court Of Appeals. read
before the Geneva Literary and Scientific Asso
citation, and printed at their request. Upon ana
lying the opinion of the Court, as delivered by
Chef-Justice fancy, it appears that the Court
undertook to overturn the long-established and
universally received legal opinion of the country on
no less than ten distinct points, all Of high i'm.
portsnce. Judge Foot holds, however, that these
attempts on the part Of the Court to introduce this
new code of laws was wholly unwarrantable and
uncalled for; since, by deciding that they had no
jurisdiction TO entertain the suit, the Court were
precluded from entering into the merits, 30 that
the opinions which they delivered were mere obiter
dieta, things said by the way, and as not being
essential to the decision Of the case, without any
judicial authority.
There is, however, great danger if some decisive
step be not taken to prevent it, that these opinions
thus sanctioned by majority the Supreme Court,
i'll become eDgrafted on our Constitution and laws
BY Judicial legislation. Should the Supreme Court
of the United States remain organized as at present.
with orly nine Judges, and five of them citizens Of
the Slave States, there is every reason to expect
that as cases arise they will be decided in accord
snce with these opinions. The people, however,
have On easy and constitutional means Of protecting
themselves against thi. result. Congress has only
to exercise its undoubtod power of so recognizing
the Court Is to give the Free States their fair
representation in it. Whatever objections may be
made to this procedure-and conceding even their
full force-s it not better to DO this than to submit
to have false Interpretation placed on the Federal
Constitution, AMI the rights both Of Congress and
the States sacrificed 10 accordance with private
interest and sectional prejudices' But, in fact,
the present Constitution Of the Court is gross
outrage, which has only produced the consequences
which might naturally be expected from it. Not
content to exercise their proper duty in the de-
cision of such itigsted questions of private
right az IN ay come before them, majority Of tae
Judges Of the Court have undertaken to set them
selves up IS political dctstou. A reorganization
Of the Court, called fox, indeed, on grounds Of
mere Judicial convenience, is the constitutional
means possessed by Congress- and the people of
putting stop to tho further progress Of this
usurpstiou.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

A bill has been brought into the Legislature BY
Mr.. johnson to repeal recent law permitting
parties TO BE- witnesses in their own behalf. II is
natural that every one should be allowed to state
his own cache usually knows the facts constl-
tutipg his claim or defense better than any other
person; to shut out his evidence therefore, Is to
suppress truth. Witnesses are not present at
every transaction, or if they were, they may go
away or die before the cause is tried; or they
may be spirited away by an INSCRIPTIONS ad'
veIsary, and then there is no redress un-
less the fact accidentally comes to light.
The wronsdoer is always the alert to get rid of
witnesses whose testimony would compel him to
refund the proceeds of his frauds while bis victim
has no suspicion of these attempts. man never
thinks Of brbing witness to stay within the Jurls
dictiOn of a Court, or to tell the truth, while a
rogue always acts vigorously to suborn or keep
back testimony. Besides, few people voluntarily
become witnesses; by repeated adjournments they
are kept attending Court from day to day and from
term to term This loss of time is serious evil,
but the d.graceful latitude given counsel to insult
and brow. beat them by impertinent, irrelevant
questions il an ntoerable nuisance, which is often
sufficient to keep them out of the way. Under
these circumstances, the Legislature did an excel
lent thing. 1t permitted parties to be witnesses
for Themselves
II party cannot give testimony for himself at
trial, why should he be allowed TO swear to his
own complaint or answeri A defendant, beside
verifying bis answer, is compelled to make an afh-
dsvit TO the effect that he has stated the whole of
bis case TO counsel who informs him he has good
and meritorious defense. To obtain an order Of
arrest there must be afidavts, aud the person ar
rested is allowed to rebuff these by counter affda
vits 1t is difficult to perceive upon what principle
Mr.. johnson would permit all these preliminary
ostbs, and yet exclude the sworn statement of
party in his own behalf trial, where there is inf
nitely less danger of successful perjury on account
of the rigor of cross examination.
The effect of Mr.. Jobnson's bill would b. 10
drive persons into making fictitious assignments in
order TO become witnesses and thus to obtain
indirectly what they could not do openly; and
then they would be compelled either to commit
perjury by swearing they had no interest in the
chil, OF else 10 supiinl W THO Gusts vi hon'u''
Any lawyer Of the least experience knows that
such was often the case before parties were per-
mitted TO be Witnesses for themselves. There was
time, In England and in this country, when any
one having the slightest interest in suit was
incompetent to give evidence; but this rule, if it
prevented perjury in some instances, suppressed
truth in more. Parties then were compelled to
resort for discovery to chsncery, where litigation
knew no end Parliament at last abolished all
these letters, and no one not even parties are any
longer excluded as witnesses in England; and that
ought to be the usage 10 this country.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

should coatrol the distributions Of this ceficl pat
ronase at Washington. Members Of Congress
now name the cadets and naval pupils to which
their seseral States are epttf-d according to their
representation They should. in like manner have
the privilege Of indicating the employees In the
Departments at Washington to which their
dntricts are respectively entitled, upon the
hypothesis that tse Government patronage
should be equitably divided among the sew
ersl States L. IL clsimed that the efficiency
and harmony of our Army and Navy are largely due
to The fact that by law all portions Of the Union
are called upon to furnish in just proportion the
ocers for both these services, and that this mode
of appointment gives nationality of sentiment to
each. That clerical ability is the exclusive prop
erty of Virginia or the District Of Columbia viii
not be pretended Able and faithful men are in
all the Ststes of the Union.
The Committee reported bill which we hope
to see law before the close of this session. IL
vii be found in another cO!amn.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

"Beverly Tucker, esq, United States Consul, y
ate dinner in honor of the well-known Liverpool
charity, "The Friends of Foreigners in Distress, -
at its last annual December meeting Had Bev-
ery been impelled to this gastronomic labor by an
apprehension that he might at some time be dis
tressed foreigner, and so come to want pecuniary,
nutrimental, or other relief there would have bsen
an eminent fitness in his presence at that feast
But this would be violent presumption in the
case of ,ny yngoian gentleman. His friend in
distress" lives much nearer the James River than
Liverpool City. The almoner of his relief keeps
his charitable Office in Washington, and receives
his appontmt Mt from the Democratic party on the
quadrenniM occasions Of its successful attack
upon the politics Of the country. When "hard
cup" in the Old Dominion, be makes himself dis
tressed foreigner the other side Of the Potomac,
and there holds out his hat vehenently for an Of
fetal appointment Is near sinecure in its charac.
ter as il is possible for the bene6cent President to
pick out The yirginisn knows better trick than
going to Liverpool for eleemosynary English shil-
ings aud orders on bakery.
1t is not only safe to judge motives from .cts,
but in most cases it is necessary to do so. Tried
by this rule, Beverly Tucker, esq, United States
Consul, must have gone to that dinner Of 80 The
Friends of Foreigners in Distress" for the I'M
necessary and most supeIfuous purpose of proving
that American Democratic appointments are made
to Federal Offices without the slightest regard to.
the fitness Of the incumbents 10 discharge their
duties-nsy, in utter disregard Of their notorious
incapacity for any executive employment what
ever. Upright in bis boots, and inspired by sherry
and charity, one would naturally bark to hear the
Consul, Familiarity known among his eronies ~
Bev.," say something CHEEKY TO the occasion,
and handsome TO the Liverpool Samsritans who
had invited him to listen to their talk of the good
they had done ia the year gone BY and of the good
they hoped to do, with Gods blessing, in the year
to cone. But instead Of this most obvious
propriety. the United States Consul without
preface a. without hesitation, plunged into an
ssowd that for his country's credit, if not for bis
own, he should never have made. He said that
"he was sent from the mountains of Virginia,
unknown to commerce and unacquaintsd with
60 s mysteries, to represent his country in the
greatest commercial port of the world, knowing
"less, perhaps about it than any man in bis coun-
"try"-(T& Liverpool Post says there was loud
laughter at this, and we believe it)-"if," con-
tinued he, they could consider that any recon-
"mendstion for Consul to be sent to such port
"n Liverpool Hear, hear loud laughter,
"sna cheers.l He WA swsraed almost the high
"ss! honor tAst he Prrs;Asnt Of biz cpsrsq oQoN
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

Vsrioas specalstiOns connected herewith. To -
more precise, We viii say that the principal pclssa
these rumors is that Mr.. II. GREELEY ccutemplstss
leaving THE TRIBUNE and connecting himself witA
another journal. As some Of our friends asl
especially that most sinisble Of Publications, Tk
albany AiLas asd Argus, manifest some anxiety "a
the subject, we will relieve them BY saying that the
whole story, with all its concomitants and coroIA
ries, is not only untrue, but absurd, and totally
without foundation. wemsy add. that Mr.. Grseley.
who is now absent in the West, will probably re-
tain bis present controlling position in THE TRIB
UNE as long as he continues to take any part in
human affairs.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

In Congress yesterday, The SENATE voted down
the amendments of Mr.. Bigler and of Mr.. Wilson
to the Pacific Railroad bill. Numerous other
amendments were offered. One by Mr. Doolittle,
which provides for the submission to Congress of
any contract made by the President for the con-
structioD of the road, was adopted. Mr. Thomp'
son Of Kentucky made the only amusing speech
thus far in the discussion. He termed the whole
scheme magnificent humbug, spoke of the Presi-
dent as a clever old gentleman who might be trusted
to do the White House marketing, and of himself
as a monument over the Wing party-a "dead
"corpse." TIE Senate, after refusing to recommlt
tie bill or to lay it upon the table, adjourned.
In the HOUSE nothing of importance was done.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

The salaries of these Distrct-Of. Columbi.ns
range from 81, 500 per snnum TO S435. The frat
frstclass sum is about double what is paid for ed-
toria labor on any of the leading New York morning
papers. II is an Examiner whoreceives it. From
$4,000 to $3.50 dollars q year reward the
CLERKS" till & " Captain Of Police" on arduous
duty at the Capitol breaks the mineral uniformity
of the psy-list, with his salary Of only $l,74O.
From that sum clerkly services receive various bat
diminishing compen,ations, till q 81 messenger" IN
PRODUCES new class of employees, with his annual
pay of $9OO-more than double what porter
would get in New-York store, for double and
treble the Messengers work. The District-of-
Columbians who get IS day-wbo have ten cents
folio for writing lover $l2 per diem to rapid
writers), are many-the Watchmen" who watch
for $500 year are in number more, and the
"aborers' who labor for the same beggarlyp.y, Are
more numerous yet-sn army Ofreprosch to the NAL
contents on the canals of this State, who receive
but six shllings day for unceasing Winter work.
The rule governing the sppointuent4 Of cadets
10 the Wet Point Military Academy, and Of mid
sAi3nea To ~ Annapolis School, is To o0e which
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15
THy TRIBUNE ALMANAC FOR 1859,

TIE Fourth edition Ia ready and contains;
ASTRONOMICAL CALCULATIONS CALENDARS for the year
1859.
ooyxsSxrsy OF THE UNITED srsrEs-Executive aud Ju'
dhciAl
Lrsr or IHr MEssrRs THE UNITED STATES SENATE,
politically classified.
A LasT or TINS MEMBERS ,oF HousE OF RrPsEsESrA-
rIyks poll IDEALLY classified
A PoIrrrcALIY CLASSIFIED LIST OF THE XxxvITH Con-
errss. - far % yet chosen
AsEHTcH rHE TROUBLES IN UTAH.
ABSTRACT or Laws PASSED At THE LAST SESSION OF
CoxeRGss
GOVERNMENTS oY EuEoPx-RULMG SoyEREIGss, &c.
How THEY ELECT BOGUS u. s. SENATORS II INDIANA.
ELRcr,os RETURNS ALL THE STATES HOLDING osS'
xRAL ELECTIONS 1855 carefully compiled and compared with
former elections expressly for THE TRIBUNE ALMANAC
ELECTION RETURNS THE STATE OF NEw-foRk by
TowksaIPs WARDS
LssI OF srATKs CAPITALS Governors TIMES OF LkSis-
LArvE MEETINGS HOLDING ELECTIONS, &c, with other
matter OF general and permanent interest,"
Price (postsss pcpad) single copies Is cents, American
coin, Twelve copies, 81; One Hundred copies S.
nseat By Exprvss 81 per lcoi Is copies for 81
ORDERS accompanied with the cash. respectfully solicited.
Address HoRAcE 0REELEr Co.,
Tribune Buildings New York.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

The press Of the country seems to be considerably
occupied with certain rumors respecting the con-
due.on aud propnetou Of TUE TRIBUNE, and with
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15
The Tribune Almanac for 1859.

We are printing the FOURTH EDrTIos of our AL
MANIAC, and are filing our orders as fast as possible.
For table Of contents see advertisement.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15
New9prk DAILY Gribn,te
SATURDAY, JANUARY Is, 1859.
tn copRrspOyDEyTs

TO RESPONDENTS
No notice be taken Of Anonymous
ever intended insertion must be authenticated BY the
name and address wIter-not necessarily for pubcs
ton but a. guaranty for bis good faith. .,
undertake return rejected commandment
letters TIE TRBuSE Office should in al cases be
addressed TO HORACE GREELEY Co.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

The mails for Europe by the steamship City of
Manchester, will close at 100 O'Clock this morning.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

AMERICAN SOLIDIPIRD MuK-Prepared at the
orhs IN County from milk s By
The Academy Of Medicine TO going TO Sea
aud 10 families wish pure milk fr their children Depot
No 1h7 Broadway
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15
WATCHES AND JEwELRY

Repaired In the best manner,
By the finest London and Geneva Workmen,
Ar @. C. ALLEYS, No. AIS Broadway,
" One door below Cansl-Tt.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-15

SINGER's SEWING MACHINES.
Every mechanic who begins the year by purchasing one Of
ssskRs sEwse MACHINES VIII be 81 goo better Oh when e
xs.r saks I'M SINGER Co.,
Nc. ass Broadway.
The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-02
LATEST by TELEGRAPH.
REPORTED FOR THE DAILY PRESS
From Washington.

WASHINGTON, June l. - Attorney General
Black, under instructions from tho President,
has replied to the joint letter of the Utah
Judges, on the subject of the military force
with which the Court for the second District
was attended during the term recently held at
Provo City.
He says it is very probable that the Nor
mons have been guilty of crimes for which
they deserve the severest punishment; that It
is not intended by the Government to let an y
one escape against whom the proper proofs
can be produced. With that view the Dis
trict Attorney has been instructed to use all
possible diligence in bringing criminals of
every class and of all degrees, to justice.
The usual and established modes of dealing
with public affenders must be exhaused before
any others are adopted. On the whole, the
President is very decidedly of the opinion,
first, that the Governor of the Territory alone
has power to issue a requisitiOn upon the Com
manding General for the whole or part of the
army; second, that there was no apparent oc-
easion for the presence of troops at Provo
third, that if a rescue of prisoner in custody
had been attempted, it was the duty of the
Marshal, and not the Judge to summon the
force which might be necessary to prevent it;
fourth, that the troops ought not to have been
sent to Provo without the concurrence of the
Governor, nor kept there against his remon-
STRANGE; 6fth, that the disregard of these prin-
ciples and rules of action, has been in many
ways extremely unfortunate. -.
The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-02
MARKETS.
Cincinnati Produce Market.

WEDNESDAY EVENING, June ].
FLOUR-Holderss ask a further advance to-day but
were cautious, and the sales confined to 500 brls
at $40 for superhne; extra ST. 1871 bbs received
tile last twenty -four hours. m
WHlSkY-The market is steady, with sales of 900
brls. az $50 2516-the latter rate for wagon.
PhON ONlSlONS-The market continues tull 1000
6rls. Mess Pork sold at SIC 5O@l6 62 being further
decline. Nothing done in other articles and prices
must be regarded nominal Lard would sell at ii nc ,
and Side Hams at 94c. N'
OLA sale of 40 brls. Linseed at 7Oc-a decline
GROOERlES.-The market is unchanged Small
sales of Sugar At 7@12{c, Moiasses at 37@3Sc, and
Coftee at l2Gl2Ac. The sales were 55 hhds Sugar at
714g171fc., aud 50 brls. Molassss at 3Sc
.WHEAT-The market is tirmer with good de-
mand for all grades, and prices are well sustained
sales 700 bush fair Red at 81 3S; lO do Prime do at
q 40 500 do do Hill at 81 45 $50 do fair White ut
81 45 and 100 do good do. at 81 So '7'0
.CORN-Thereis is rather better demand for thia ar
cle, and the market is hrmcr though the prces are
not quoably higher sales 800 bush fair mixed at
oOc. This price was offered for round lot but the
owner declined selling - " 49,
RYE-A fair demand, and prices are steady at 81
bARLEf-The market is quiet, and prices steady
QATS-The demand is less active, and the market
Is dull, though holders offering TO sell for less than
6Uc, - ~
BUTTER-The market continues dull with but a
limited demand for choice Yellow at l35c sales 100
hrkins choice Yellow Western Reserve at l5c
CHEESE-The market is dull, and prices have de-
cllned &c; sales l50bOXes at S3c Receipts large
30 per brl.
The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-02

There is remaining in the Treasury

NEws AND NUGGETS FROM ARIZONA The
Wrightson brothers, printers, of our city,
have been active pioneer enterprizers from
Cincinnati in mining in Arizona. Yesterday
the brother resident in this city received, by
overland mail, silver slab eight ounces in
weight, the first traits of their smelling. 1t
was made from one hundred and fifty pounds
of ore. This pretty little wedge of silver is
stamped, Santa Rita Sonora Mining Co.
First Plancha--May 18th, 1880"
We acknowledge the favor of copy of
the "Arizonian," spicy little paper, No, IL,
Vol. l, published at Tubac. Success to mi
ners and the paper.
! One year ago. Mr.. Wrightson and others
left this city to make a settlement. Their
success in smelling has been realized within
the last four months, during which time the
Sonora Company, of Cincinnati, only has
been operating. Good for Cincinnati enter
prise ..
The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-02

CASE OF CAPTAIN PERKINs.--An opinion was
yesterday rendered by Attorneys General Black
on the questions submitted to him by the State
Department in regard to tho claims of Captain
b. W. Perkins, against the Russian Govern
mont. This decision settles the right Of Capt.
Perkins to recover under his contracts to fur
niSh one hundred aud fifty tons Of powder and
thirty-fve thousand stand OF arms. Some un-
important questions connected with this sub
ject are not fully disposed of, but the integrity
OF such contracts is fully maintained. In this
case the parol contract is equally valid as the
written one. The entire amount involved is
some S3S5,OOO, and will most likely be adjusted
on the return TO this country of the Russian
Minister. The supplying of munitions of war
to Foreign Governments engaged in hostlities
is also affected by this decision. Ex-Attorney
General Gushing, Ex-senator Cooper, and
Joseph b. Stewart, Esq, were the counsel Of
Captain Perkins. The above named case arose
during the Crimean war, and before the vessel
sailed with these warlike supplies, the con-
tractor was authorized to effect sale of the
cargoes to the best advantage, the Russian
Government holding itself responsible for any
loss to him in the tran saetion, abiding by the
Interpretation by the United States Government
of the American law of contracts Woshipg-
ton Star, Nav 25.
The European correspondent of the New
Albany (Ind.) Tribune gives good account Of
our Minister at Berlin, Ex- Governor Wright
The writer states that he has called on five
American Ministers on his route, and all the
good qualities he could discover in the whole
OF them would not balance those of the Hoosier
Minister. The Governor invited him to break
last, and treated the gentleman to buckwheat
cakes and molasees, which, no doubt, in part
accounts for the visitors admiration. lie saws
he found plenty of assumed dignity in other
American officials, but in the Governor he
found the pure article itself. The Governor
rents church, has Bible class with which
he meets regularly, aud when they have no
preaching they hold class meeting.
The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-02

The TORNADO IN KANsAs.-We learn from q
gentleman just arrived from the neighbor-
hood of Pixies Peak, that on the llth of this
month, while a large party of emigrants
were encamped on the Little Blue, they were
visited by tornado and hail-storm, which
was very destructive in its effects. Out of a
drove of three hundred cattle, seventeen were
killed by the hail; while wagons, camp
utensils, tents and everything of moveable
character were scattered in every direction,
and to great distances. Several horses were
also lost, but fortunately no persons were
killed, although many were severely bruised
and cut from the effects of the hail. The
storm came from the northwest, and wher-
ever tree stood on its route it was torn up
and carried of. Even the grass was COM
pletely cut off close; and when the party left
their camping ground they travelled twenty
seven miles before they got out of the range
over which the hurricane had passed. Our
informant supposes that great loss of life and
property must have been sustained, as there
are 50 many thousands upon the route, many
OF whom must have been within its range
No. Democrat.