davidaulloa/AmericanStories huggingface dataset:
The Nevada Democrat., 1859-09-14
The State Prison,

In the suit of the State vs. McCauley, for the
possession Of the State Prison, Judge McKinstry
has rendered decision against the State The
decision was rendered on motion in behalf OF
the State, TO appoint Receiver aud deliver
the Prison up to his control The denial Of the
motion virtually settles the question 10 favor
of NcCsuley, who is equtably and legally en-
titled 10 the control Of the Prison, as the as
signee Of Estill's contract. Ia concluding his
opinion, Judge McKinstry says:
II, however. there are at this time, no legally
constituted officers or agents Of the State au.
thorized to take charge Of the prisoners, II is
the misfortune Of the case. shall not under
take TO supply the omission to discharge u
moral and political obligation which the con-
stitution devolves upon the legislature. The
agents | might select would Gil their stations
indefinitely dependent upon some future action
of the lawmaking power. l can conceive no
worse usurpation than for O judge, by pro-
visional order, thus to assume the entire con-
troll of matter completely outside Of bis APP
propriate functions. II we're better that hun
dreds of criminals should escape punishment
than that he should assume jurisdiction TO
which be had no claim. From the effect of an
unconstitutional act ofthe legislature the citizen
may appeal TO the courts; but for the insiduous
encToachments, or the tyranical exercise OF po-
litical powers. by the Judiciary, there is no
redress save by revolution. The motion lie
denied
The Nevada Democrat., 1859-09-14

CAUSE OF THE AURORA BoRRALIs.-M. de Ia
Rive, the celebrated French astronomer, explains
the production Of the Aurora Boreas in the follow
ing manner When the sun, having passed into the
southern hemisphere, no longer heats our hemis-
phere, the aqueous vapors which have accumulated
during the summer in this part Of the atmosphere
begin to condense, the kind ofhumid cap enyelopng
the polar regions extends more and more, and
facilitates the passage Of electricity accumulated
in the upper portion of the air. But in these
elevated regions, and especially at this season
Of the year, the aqueous vapors must most fire.
quently pass into the state Of minute particles Of
ice or snow floating in the air, similar to those which
give rise to the halos; they form, as IL were, kind
Of transparent mist. These half-frozen fogs con-
duct the electricity TO the surface Of the earth,
the pole, and are at the same time illuminated by
these currents or electric discharges. In fact, all
observers agree in asserting that the aurora boreais
is constantly preceded by mist, which rises from
the POLE and the margins Of which, less dense than
the remainder, are coored the first and indeed it is
very frequent near the pole in the winter months,
and especially in those where there is abundance OF
vapor in the air.
The Nevada Democrat., 1859-09-14

BARBARIo TRooPs ron THE BRITIsH Army
The adoption Of the ZOuaves aud Turoos into
the French army. and their successes against
European troops, have melted the British Gov
erDment to attempt the organization of similar
corps from their colonies in the West Indies.
Some time ago the black soldiers 10 Bermuda
were uniformed Ia Zouave, and we now learn
that orders have heon issued by the War De-
partment for The transportation Of three thou.
sand Jamaica negroes to England. Once ar
rived, they are to be drilled 10 the use Of the
latest and most destructive patterns Of small
arms, and trained 10 serve the new rifed can
non. When this first squad has been incorpo-
rated with the army 1t will doubtless be follow.
cd by others. until the English will have black
div sion which will cope, in barbarity and fero.
city at least, with the TurcOs In case Of war
between England and France, II would be curl
Gus to see these troops ptted against each 9TH
er; but they are edged tools, which tho Euro
pean governments may find exceedingly dan
gerous playthinga Failing an enemy to con.
tend with, they may one day initiate the Sc.
poys, and cut their white masters throats.--
Netc York Herald.
The Nevada Democrat., 1859-09-14

The AFRICAN SLAVE TRADE.-From informa-
tion lately receh ed in Washington. il appears
that some of the Southern Representatives,
while claiming to be opposed to the reopening
Of the African slave trade, are pledging them
selves to introduce in Congress bill repeating
all the statutes upon The subject leaving IT, as
they profess to desire. TO the regulation of the
several States. But as the Constitution confers
on Congress the power to prohibit the trade,
aud as "death" seems 10 be regarded us too
severe n penalty for violating what some con.
slider merely law regulating commerce. II Is
thought that others, who are opposed TO the
slave trade. will agree upon measure with
view to make the prohibition and abolition
more effective 10y the certainty Of punishment
otherwise than capital; and thus they think that
good will result from the present agitation Of
the question.
The Nevada Democrat., 1859-09-14
The vvorl. on the washlngton Monumsnt.

/
There now seems to be a fair prospect that
the work on the Washington National Monu-
ment will be resumed at no distant day. The
corporate authorities of other cities are giving
the subject Of contributing earnest attention,
aud will no doubt, follow the example Of this
city by voting an annual appropriation for the
Monument fund. The States, too, a. the ensu-
ing sessions of their Legislatures may follow
California in appropriatng annually certain
sum to aid the work, while the various beneii-
cal societies throughout the land will soon be
rending in their mites to swell the amount
On Saturday we gave the correspondence be-
tween the Postmaster General and Lieut.. Ives.
the effect Of which Is TO request the Postmasters
throughout the country TO aid the enterprise
by placing boxes within their respective ofices
for the reception of contributions, and forward.
ing the returns to this city. As we stated then,
one cent per day contributed to this object at
each post Office in the country would, 10 the
yearly aggregate, amount to $lO9, 900. The
general average would be much more than that
BY this means alone the monument could be
completed In few years.
This novel plan originated by Lieut.. Ives,
will commend itself to every one, and doubt
less be one of the most important steps-insig-
niticant as 1t may now apDear-which has been
taken to aid in the completion Of the monu-
ment. In order that financial view of the
matter may be had, we will state that the obe-
lisk is estimated to cost $552.00o, and the whole
work, including obelisk and pantheon, $l,l22,-
600.
The charge OF this national work has been
placed in the hands of Lieut.. Ives, first lieuten-
ant of the typographical engineers. and from
the energetic manner which he has commenced
bis arrangements for its completion, we may
expect to see it progress 10 u manner which
will daily evidence the scientific as well as ar
tistic skill Of that gentleman. The success of
the undertaking cannot of course rest alone
with him. There is duty Of the people to be
performed by answering the various appeals
which have been made to them by the Monu-
ment Society. The prospect already brightens
with success. and but few months will soon
publicly demonstrate the interest which Is eve-
rywhere felt that this monument should be COM
pletcd to him whom history has decreed to be
FIRST in the hearts of his couutrymen.'- Wash
ington States.
The Nevada Democrat., 1859-09-14

RuPUs CHoATE AS AN ADvOCATE.-The follow
ing eulogy on the character and ability of thu
late Mr.. Choate, was delivered at a meeting O
the Suffolk (Boston) Bar, by c. G. Loring. Esq.
one of its oldest ard most distinguished mem.
bers. 1t portrays in most expressive and elo.
queut language the power Of Genius with
which Mr.. Choate was endowed:
do no injustice to the living or the dead 10
saying that. for the peculiar powers desirable
for lawyer and advocate, for combination OF
accurate memory. logical aeumen, vivid ina
ginalion. profound learning 10 the law, exu-
berance OF literary knowledge. and command
of language, united with strategic skill, |
should place him at the head Of all whom
have ever seen iu the management Of cause
at the bar.
His remembrance OF every fact, suggestion,
or Implication involved in the testimony, of
even The remotest admissioa by bis adversary;
bis ready knowledge and application of every
principle Of law called for At the moment; bis
long forecast and ever watchfvi attention TO
every new phase Of the case. however slight;
his Incredible power Of clear and brilliant Illus
tration; his unexampled eXuberance Of rich
and glowing language; bis wonderfully meth
0dic arrangement where method would best
serve bin, and bis no less wonderful power of
diflocation aud confusion Of forces when meth
cd would not serve him; his incredible ingenu-
iiy 10 reireating when seemingly sDnihiated.
and the snddenness and impetuosiiy with which,
changing front. he returned 10 the charge, or
rallied in another aud unexpected direction;
and the brilliant fancy. the peerless beauty. and
fascinating gluw Of language and sentiment
with which. when law and facts and argument
were all against hin. be could raise bis audi
ence above them ell as things of earth. while
iusensibly persusding it tnst the decision should
rest upon cODsideratons TO be found 10 higher
regions. and that a verdict ln his favor was de-
mandc6 by some transcendant equity independ-
ent Of them all, at times transcribed all previ,
ons conceptions Of human ability.
The Nevada Democrat., 1859-09-14
The American Bonnparte at SOlEerino--Th
two Emperors.

The correspondent OF the New York Times,
writing from the battle field Of olferino, says
Several times during the heat Of the battle
McMahon's whole flank was exposed TO them,
Uhe Austrians,) yet they suffered themselves to
be deferred from assaiing ii by the French
light cavalry. aud especially by body Of Cbas'
seurs d'Airique under Capt. Bonaparte, Who
manGuvered ior hours in 50 mastery y manner
as actually 10 menace the cuemy into an mac
tivity fatal TO themselves. Their artillery COM
pletely swept the sides Of all the bills round
Solierno, aud twice they easily drove back
the French who attempted TO storm the heights
They were strongly posted in the stone houses
and narrow streets, aud in the cemetery had
high, strong, thick walls, which protected them
again at the French fire, aud gave them i'm
mense advantages over them.
How it happened that, with such odds in their
favor. t3ey should have been beaten, many able
military critics have been puzzled to explain
The French assault was prompt, vigorous, aud
wonderfully impeiu0us; aud the Emperor Ma
poleou, by the rapid energy with which he
brought up his scattered forces, the moment he
ssw u battle was impending, ror up to sunrise
of that day, he had 10 expectation Of u general
engageiueut,) reflects upou him the highest pos
sible credit as a commander and general.
Iu referring TO the conduct Of Francis Jo-
seph, the same correspondent writes as follows:
lie is young man, without military expert.
ence. and OF Oniy tbeoretic military knowledge.
aud ambitious TO u degree which makes him all
surdly jealous Of the generals by whom he is
surrounded. whose advice be constantly rejects,
and whose wel'laid plans he constantly coun-
teracts ut the critical moment. Before he join
ed his army be kept up incessant telegraphc
communication with headquarters from Vienna,
aud did not hesitate, even a. that distance, 10
overrule bis ablest generals in the field. Gen
eral Gyulai has been disgraced for the loss Of
Magenta, and private accounts represent him
as gloomy, melancholy, aud apparently over
whelmed by the ruin Of his professional charac-
ter; yet be has friends who say that II the time
ever comes when he can place the responsible
ty where it belongs. be will stand acqut.
ted. The distinguished generals-Clam Gallas,
Prince L.chtenstein and Zdewitz-are said to
have thrown up their commands. since SOlfer-
ino; this could only have happened under the
pressure Of some very grave and imperative
necessity. On the field ut Solferino Francis
Joseph is said to have addressed an angry re-
proof to one OF his generals, who instantly
broke his sword across his knee and threw it at
bis feet: the Emperor hnrst into tears and held
out both his hands, begging pardon for the Of
fense he had given.
The Nevada Democrat., 1859-09-14

QUICKSILVER NINE. - From the following.
which we And as an advertisement 10 the Sac
rsmento Bee. il appears that quicksilver mine
has been discovered somewhere in this section
Of the State:
"a gentleman OF this city having discovered
a rich mine of Hepaiic Cinnabar Ore. within
fifty miles OF Sacramento. would be glad 10
treat with some person OF capital, who would
take an interest 10 the same. For further par
ticulars apply at this Office"
The Nevada Democrat., 1859-09-14

TAXABLE PROPERTY IN SAcRAMEETo.-Thsre
are 425l3l acres of land assessed at 81 ll50l2 in
Sacramento county outside Of the city; the improve
ments on the land are worth s47, 200, and the per-
sonal property on the land 9O5,623, In the city
the land Is worth SO, ,l05,95SI the improvements,
g. i25 O20, the personal property & 80S 345. Total
taxable property in the county, I'll 9O7 24S. Last
year, the total assessed value Of taxable property In
The county was 2y052,2 PAS. showing an estimated
decrease Of about $4,000,
The Nevada Democrat., 1859-09-14
California News Items.

The Placerville Observer, Of Wednesday, Sept.
9TH, says: "Many of the emigrants are arriving
amongst us in state Of utter destituton and mise
ry. Last week family consisting Of an English
man, his wife and three small children, reached
Paoerville in a condition which calls for the iame-
diate attention Of the charitable. They are now
temporarily in shanty below town, and on Satur-
day last they were visited by good Samaritan who
describes their condition as being most dreadful.
They had nothing in the shape Of bed to sleep on;
were squalid and haggard in appearance, and had
not particle Of food. To add TO their wretched-
ness, one of their little ones was nearly dead with
putrid sore throat. The generous visitor immedi-
ately supplied them with such things as were actu-
ally needed in the way Of food and clothing, and
called in doctor for the suffering child. The wo-
man states that during their long journey they were
at one time actually compelled TO subsst upon roots
and weeds" -
John b. Ford was killed near Stockton, on the
9th inst, by Wm Crassin. The Argus gives the
following particulars "Crassin was owing Ford
money. On Monday last they quarreled about il,
and finally agreed to settle the matter with shot
guns. They then separated, when yesterday Cras-
sin went to Ford's house and shot him with shot
gun, the shot penetrating the breast. Ford was
found lying back Of the house on his face. VIM. o.
Woodhall, Fords partner, who was distant about
one hundred and fifty yards heard the report of the
gun, and on looking around saw Crassn running
from the house. He Immediately fastened home
and found Ford lying on the ground and heard him
say Crassin, Crassin !" when he became speechless
and died in about ten minutes" Crassin was ar
rested and taken to Stockton.
A dispatch from Monterey, dated Sept. 9th, says:
yesterday morning at daylight the schooner Fay
away picked up two boats, off Monterey harbor,
containing the captain, first mate and fourteen sea-
men--being part Of the crew Of the English ship
Forest Monarch, which was wrecked on her passage
from San Francisco TO Puget Sound. The ship
sprung leak about 1000 miles out, and after put
ting her head for land and running about 200 miles,
went down, giving the captain and crew barely time
to get into their boats. One boat is still missing
containing the second mate and six men," The men
who were picked up were placed on board the reye.
nue. cutter w. l.. Marcy, for San Francisco, where
they arrived on the 7th,
The Nevada Democrat., 1859-09-14

THE TEXAS ELEcTIoS.-The latest election
return from Texas confirm the election OF Cen
Houston for Governor. with majority OF 4, 800
in Gs counties. aud only counties more to
hear from. Tbis result will be most acceptable
20 all true men Of all parties. as it is trl-
umpb over the UniOn-smashers aud the consp-
tors for the re opening Of the slave trade His
name is already added by this victory to the
list of possible candidates for the Presidency.
The Nevada Democrat., 1859-09-14

THE SrcKLEs FAMLY.-It is stated that Mrs.
D. e. SickIes, with ber father, mother aud chiId'
will take up residence in Italy, and that in
case of Mr.. Sickles being Ousted from bis seat
in Congress by The contestant, Williamson, he
will join the family in Italy, himself
The Nevada Democrat., 1859-09-14

TROUBLE AT FoRT SMITH.-In the Fort Smith
Times. OF August 18th, is recorded the arrest
by the United States Deputy Marshal Of a
Cherokee named Brewer, for the murder Of q
white man named Perkins. A party Of Indians
rescued the prisoner from the Marshal and bis
guard at Fort Gibson. The Times says! "Thus
matters stand among the Cherokees. The Uni
ted States authorities are set at defiance, and
there are no troops to assist the civil authori-
ties 10 enforcing the law"
The Nevada Democrat., 1859-09-14

VoT< OF THE Townsville total vote OF &C.
veral of the largest towns Of the State, at the
late eleciinn WAS rs follows:
The Nevada Democrat., 1859-09-14

WIDOW OF Ex-PREsIDENT HARRIsoN.--This Ia
dy. at last accounts. was lying at the point Of
death, al North Bend, Indiana.
The Nevada Democrat., 1859-09-14
L7o A LIVERY STABLE,

.S4S4 Is CONNECTED WITH THE HOUSE, AMI
particular attention will be given to taking of Horses
Carriages. &c. Horses and Carriages at all times be-
procured, by application at the Bar.
GEO. r. LANCASTER, Proprietor
Nax.d. lSbe
The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-12-10
Washington Items.

WASHINGTON, December 9.-Only a proof
copy of the Presidents Message has yet been
printed, and that is in his own possession.
1t is said that the Democratic Senators were
in conference this afternoon to arrange the
standing committees. They will be nearly
the same as those OF last session, and will
have to be voted on by the Senate.
Mr.. Hickman will again endeavor to-mor-
row to press the adoption of the plurality
rule to effect the election Of a Speaker. At
this stage of the proceedings there does not
seem to be any prospect of its adoption, as the
opponents of Sherman will vigorously resist
its introduction.
The Commissioner of Patents has appointed
Prof. Tillson, of Columbia College, in this dis
triet, Librarian Of the Patent Office, pice Tur-
ner, deceased.
Browns Hotel was slightly damaged to-
night, owing to defective fue. At one time
the whole building was considered in immi-
nent danger. There was an exciting time
among the members aud other guests, the lar
ger part Of whom had their baggage removed,
but afterward returned to their quarters,
The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-12-10
Tenth Of December-The Union For
ever.

On the tenth of December, 1882, General
JACKSON, President of the United States, issued
his proclamation against Modification and
Secession. On this twenty-seventh anniver-
sary of that eventful day, when withdrawal
from the Union is fippantly spoken of, it is
well to remind Disupionists how JACKSON
talked.
The Executive urged that "each State
having expressly parted with so many powers
as to constitute jointly with the other States, a
single nation can not from that period pos
sess any right to secede, because such seces-
sion does not break league but destoys the
unity of nation, and any injury to that
unity is not only q breach which would result
from the contravention of compact, but if
an offence against the whole Union. To say
that any State may at pleasure secede from the
Union, is to say that the United States are not
a nation, because it would be o solecism to
contend that any part Of q nation might dis
solve It's connection with the other part, to
their injury or ruin, without committing any
offence. Secession, like any other revolution
ary act, may be morally justified by the ex-
tremity of oppression but to call it Consti-
tutional right, is confounding the meaning o.
terms, and can only be done through gross
error, or TO deceive those who are willing Il
assert right, but would pause before they
made revolution, or incur the penalties con
sequent upon failure"
The Union must and viii be preserved, il
spite Of extremists North or South.
The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-12-10
LATEST BY TELEGRAPH
XXXVItn CONGREss-lst SESSION.
EXCITING TIME IN THE HOUSE.
WASHINGTON, December

WASHINGTON, December 9.
The Senate is not in session to-day, having
adjourned over till Monday.
H0GSE.-Mr. Morris, of ILL.,, rising to O
privileged question, caused to be read from
the official report the remarks of Mr.. Kellogg,
Of ILL.,, that two years ago Mr.. Greeley was
planning and scheming with Mr.. Douglas in
the parlor of the latter, to re-eiect him to the
Senate by selling out the politics of Illinois.
Mr.. Morris also caused to be read Mr.. Gree
ley's publication, denying the truth of the
charge-and, while detesting the Douglas doc
trines, admired his pluck.
Mr.. Kellogg replied that but for the fact
that he had been personally assailed in an
infamous article in the Tribune, he would not
have said word, as he was anxious for the
organization Of the House. He said that
Horace Greeley and Judge Douglas had been
put on trial, and he should hereafter prosecute
the issue.
Mr.. Clarke, Of Missouri, was called out by a
remark Of Mr.. Kellogg that report had pre-
vailed that, according to- an arrangement, the
Missouri Senatorship was to be given to Mr..
Blair. He believed this charge against Judge
Douglas was falsehood, but he did not attach
importance to the statement of Mr.. Greeley,
whom he believed to be thief of character,
and unworthy the notice Of q gentleman,
eitnef IN or OUT ol congress.
mr. henogg repeatea tnas Us an issue
had been MADE ne wouid meet IL iairiy; he
disciaimed having made an attacK on Judge
douglas; ne dealt with mr.. dreeiey alone.
mr. Logan, OF III, sara tnat the cnarge was
made 70 ln]ure 0uage douglas, VINO Is tne can
dida'e ior tle Presidency OF ine great North
west. AN ehort was made 70 aepreoiate Judge
Douglas IN the estimation Of the South by
assooiating MN Win Mr. greeley. FROM tnis
time ne would never again notice ms col.
league, who shirks from the responsibility OF
bringing forward proofs in support of his
charge. When he (Logan) made q charge in
the Legislature OF Illinois and was called for
proof, he did not, like spaniel, sinks in the
corner.
At this point Mr.. Kellogg, who was sitting
near MIR. Logan, deliberately advanced to-
ward him as if with hostile intention, and
Mr.. Logan perceiving. the movement, put
himself in theattitudeo OF combat. The MEM
bers at once sprung to the scene, some seizing
Mr.. Logan and others restraining Mr.. Kellogg,
amid the greatest excitement, members all
over the hall In agitation. The Clerk, amid