davidaulloa/AmericanStories huggingface dataset:
Delaware State journal and statesman., 1861-11-29
DELAWARE STATE JOURNAL AND Observation-Disclosures

" .
rectiy stated, Notwithstanding the temporary
non-payment of the Jnly instalment, the privi-
leee of drawing Lotteries under the Act still
exists, though subject to the option of the Legis-
lature, either 10 affirm or walye the forfeiture.
This option results exclusively to the Legislature
as the party to the contract and cannot, without
It's special authority, be exercised by any public
officer The Attorney General cannot, by taking
any legal process, affirm the forfeiture nor eau
the State Treasurer, by receiving the money
after it becomes due, waive il. But the Legis-
aure, by acquesciug 10 further payments,
after having official notice of forfeiture, would
be held to have waived it,
1t need hardly be added, that considerations
Of public policy respecting the giant Of Lottery
privileges, cannot control the construction OF
grant or effect legal rights acquired under it,
Such considerations are to be weighed by the
Legislature before making a grant, but not by
the Courts sitting 10 administer its provisions.
Statutes ore construed solely to give effect to
the will of the legislature whether it's action is
wise or unwise, if 1t be Within the limits Of its
constitutional authority and what the legisa-
tive will is must be ascertained by applying to
the provision construed in the settled rules of
judicial Interpretation, without inquiring as to
the expedency of the laws administered other
wise legislative grant might be repealed by
mere construction, and rights acquired under
the most solemn Of all species ofcontracts would
be, of all others, the least secure.
D. NJ. BATES.
M,..a.I.- I 1851
Delaware State journal and statesman., 1861-11-29
DomriSaI ann &tateattalG
Friday Morning, November %, 1851.
Legislative Proceedings.

Pursuant to the Proclamation of the Governor,
the General Assembly met in special session at
Dover on Monday. After organising, both houses
adjourned until Tuesday morning.. AT ten
O'Clock on that day, the usual formalities having
been completed, Mr.. Ridgely, the Secretary Of
State, presented to the Seuate and also to the
House the message Of the Governor, which was
read
resolution for the purchase of a flag for the
Capitol was adopted and ordered to the House
for concurrence
The State Treasurer presented communion
ton in reference to the semi annual tax on the
Lottery grant Of r. France & Co.
In the House, the Clerk, Capt Layton, after
informing the Senate that the House was ready
for business, resigned his office Clerk, where
upon Mr. Richard G. Cooper was elected to fill
tue vacancy, having received IL votes to 10 for
Mr.. Pennington.
Rev. Mr.. Curtis was chosen Chaplain.
The Government tax question was referred to
committee of FIVE members. The subject of
fortfying the harbors, as recommended by
Secretary Seward was also referred to special
committee. After some other unimportant hus-
ness the House adjourned.
The Legislature adjourned until the second
Tuesday in January next, after having disposed
Of Ito business to appropriate committees.
Delaware State journal and statesman., 1861-11-29

TnE ARTISANS SAVINGS BANK, No. liz Mar
ket Street, Wilmington, Delaware. Office open to
receive deposits and make payments, daily, ex-
cept Sundays, from O'clock A. NJ, till p.
NJ. On Tuesday evenings from to 8 o'clock,
and on Saturday evenings from 6 to o'clock
Profits upon deposits in this institution after
payment OF necessary expenses, are all to be di-
vided among the depositors. No salaries are to
be paid to the officers until after the payment of
dividends amounting 10 at least per cent per
annum to the depositors,
The Charter enacts that no member of the
Board of Managers shall be entitled to receive
amy profit or emolument for his services as such,
or be allowed to borrow any funds deposited with
the Corporation
Managers William s. Hilles Edward Belts,
Eli Todd, Joseph W. Day, Charles W. Rowland,
Thomas W. Bowers, George W. Bush, Edward
Moore, Leonard Il. Wales, Clement B. Smyth,
DR.. J. r. Vaughan, James Scott, VIM. Candy.
WILLIAM s. HIILEs, President
GEORGE W. BUSH, Vice President
JOHN P. MoLEAR. Treasurer.
Delaware State journal and statesman., 1861-11-29
NEW BOOKS.

Cecil Dreeme, by the late Major Winthrop,
killed at the battle of Great Bethel, 100
Eugenie Grandet, by Balzac, uniform with
Cesar BerOlteau Sc, LOO
Brimley's Essays, l.25
Sermons preached in Harvard College by
James Walker, d. D., 1.50
Edwin of Deira, by Alexander Smith, 10
Rccreations of Country Parson, 2 vols, $50
Tom Brown at Oxford, . volumes, 200
Framley Parsonage, by Anthony Throllope, 100
Philip ThaxteT, new novel, 100
House on the Moor, by author of Margaret
Maitland" So, LOO
The Uprising of Great People, 70
Partisan Leader 100
Carthage and her Remains, by DR.. n. Davis,
illustrated SvO, ESQ
Silver Cord, by Shirley Blocks, illustrated,
paper, 10 cents. cloth, 100
Faraduy's Chemical History Of candle, SO
4" Physical Forces, 90
Lady Maud, by Pierce Egan, paper, 80
Lamplighter's Stories, Dickens, Z" so
Horrors of Paris, by Dumas, " so
The 0kavango River, by Charles John
Anderson illustrated, Syo, $50
All books received as soon as published. A
large assortment of Military Books on hand.
Any books published, either American or Foreign
will be procured at short notice at
A. d. INSLEE'S
Book and Stationery Store,
603 Market Street.
sep3 . Wilmington, Del
Delaware State journal and statesman., 1861-11-29
WILLIAM BURTON.
DOVER, November 25th, 1861.
Copy Of Letter from Brigadier- General Ripley to
the Governor
Reply of Governor 10 Bngadier. General RIPPLE,

Reply of GOpernor TO Brigadier General Ripley.
STATE OF DELAWARE, I
EXECUTIVE DEPARTMENT,
Dover, Nov. ., 1861.
70 BrigGdier. General Ripley:
SIR: have received your letter of the 10Th
ultimO, communicating TO me an order of the
War Department. by which am requested to
deliver to Brigadier- General Lockwood all the
public arms in this State belonging to the U. s..
Government.
After an attentive consideration of my powers
on the subject, under the act of Congress and
the law OF the State, touching the distribution of
the public arms, l regret TO find myself unable
to comply with this order OF the War Depart
ment.
By the act of Congress Of 23d April 1903, for
the distribution Of arms and military equipments
among the militia of the United States, these
arms are n express terms made distrlbutable, in
a certain proportion, ito the militia in each
" State and Territory, under such rules and re-
"gulations as shall be by law prescribed by the
" Legislature of each State and Territory" In
effect, the Legislature is made the agent Of the
Federal Government for the distribution and
safe-keeping of the public arms. Exercising the
authority conferred by this act of Congress, the
Legislature of Delaware have, by statute, placed
the public arms in the custody of the commits
saries of the several counties, subject to distri-
button TO companies or organized pursuant 10
the statute under the order of the Governor, the
Maior General, and the Brigader-G General of the
county, aud being SO given out to any organized
company or troop, bhe statute expressly provides
that they shall not be demanded of the company
or troop, unless it shall become disbanded by
the reduction of its privates below twenty in
number
The act Of Congress and the action of the Le-
gislature OF Delaware under it, mAnifestly gives
to the Governor no such general control of the
public arms within this State as would enable
him to direct their delivery to the order Of the
War Department, l may adj, however, that a
special session of the Legislature of this State
has been convened to meet on the 25th instant,
which body will possess full control Of the sub
ject
An apology is due for my delay in replying t(
your communication. II was caused by an as
surance given 10 me, MS ! supposed, from al
authoritative source, that the order was about L
be countermanded. a letter, however, since re
ceived from Brigadler General Lockwood, pro
posing arrangements for carrying the order int
effect, leaves me to infer that it has not beei
revoked, aud that response from me may b
expected.
Very respectfully,
Your obedient servant,
WILLIAM BURTON.
The letter of Secretary Seward to the Cover
nors Of the several States in reference to sea
board Notifications, also accompanied the mes
sage.
Delaware State journal and statesman., 1861-11-29
OPINIONS
On The Construction ofthe Act entitled an 4ct for
the
ENCOURAGEMENT OF INTERNAL
IMPROVEMENTS IN THE STATE
OF DELAWARE.
Opinion of Daniel M. Bates, Esq.
OF WILMINGTON, DEE.

By an Act of the General Assembly of Della
ware, passed January 20, 1869, an appropria-
tion of seven hundred and twenty thousand dol
lars was made for certain public improvements
designated in the Act the fund to be applied
in semi. annual payments of eighteen thousand
dollars each. 1t was declared to be lawful to
raise this sum by Lotteries and in consideration
of it's payment to the State Treasurer in equal
semi-annual instruments, Richard France was
authorized to draw Lotteries within the State
for the term Of twenty years. The payment Of
the seven hundred and twenty thousand dollars
was to be secured by the bond of Mr.. France,
with surety, to be approved as the Act directed;
Delaware State journal and statesman., 1861-11-29
NEWARK ACADEMY.
.of Eldxrro,.d n porfa1- Pripoipo1

FALL SESSION 1s60
mHE Fall and Winter Session of this Institution will
i commence on the first WEDNESDAY OF November,
and continue five months
The buildings and grounds have been placed in
plets order and filled up with furniture especially
adapted for the comfort and convenience of Students
Rooms furnished for the older boys in Colleges for
private study free from the confusion and restraint Of
school room.
The Course OF instruction is thorough and practical,
designed to t young for admission to best Col
ing house.
By iberaty of the Board Of Trustees the Academy
is,furnished with Library OF $4,000 volumes and
the best collections of Chemical and Philosophical AppR
ratus the United States-thus afOrdng facilities for
acquiring q complete Scientific and Mathematical educh-
tion far superior to most schools in country.
The best Teachers will be employed, and no labor
spared to the proper, moral mental and physical
training Of the young entrusted to his Terms
moderate. For circulars and information address,
EDWARD D. PORTER,
ap1s Newark Del.
Delaware State journal and statesman., 1861-11-29
Oct. l5-lm.

n0ya CHEAP Jous's is the greatest place in
town.
say Cheap John sells more Boots and Shoes
than any other store in Delaware.
Bds@ Cheap John has the greatest stock of
any other store in Delaware.
nas- Cheap John is the sole agent for the best
Spool Cotton made in the world, at 4l2 King
Street.
B6y- Cheap John has no Travelling Agents.
Delaware State journal and statesman., 1861-11-29
To Tax PAYERS.

The undersigned, County Collector, having
been peremptorily ordered by the Levy Court,
to collect without delay, all unpaid taxes for the
year 1860, he hereby notifies all delinquents
that they must pay up within 80 days from this
date or he will be obliged to make levy of their
goods or property in order to satisfy the respec-
tive claims. Payment may be made to either
of the undersigned.
WIN. ]. GALLAGHER, Collector,
708 Wollaston Street.
VIM. T. MASSEY,
At Esquire Young's Office,
ShiPley below Fourth.
Ocf Ih-1m
Delaware State journal and statesman., 1861-11-29
Valuable Farm for Sale.

ss-sa CONTAINING 1871 less, situate
niiV within miles Of Delaware City, adjoining George
llllMH Tybout Barney Reybod and others 25 acres
thereof s embarked meadow all the rest arabic,
in GOOD order and excellent neghbOrhood II is divided
into fields we'll watered with spring water. II has
ans large new brick dwelling, tenant house and mOder
ats out buildings with considerable fruit 1t is very
desirable property Terms aceommodating Apply to the
WIN. MecAULLEY, COS Market St,
Wilmington, Del.
Nov. 26, ls61-3m.
Delaware State journal and statesman., 1861-11-29

SAVE YOUR MoNEY.-Remember the Delaware
Saving Bank is located at the office of William
McCaulley, Esq, No. COG Market street, Will
mingtOn, Del, and is opened every day to re-
ceive deposits. All amounts received from one
dollar upwards, and five per cent. interest paid
on the same from the day of deposit.
WIN. McCAULLEY, President.
JOHN P. RUTH. Sec'y.
Delaware State journal and statesman., 1861-11-29
HEADQUARTERS DEL. VOLUNTEER MILITIA, /
Wilmington, Nov 9Th 1861. I
GENERAL ORpENs, no. 9


GENERAL ORDERS NO. o.
The following Companies in Kent County,
formed under the Volunteer Law will constitute
the Third Regiment of Delaware Volunteer
Militia, viz;
Dover Union Home Guards, Capt. Isaac Jump.
FELTON, Blues, Capt Thomas Draper.
Mcclellan Home Guards, Smyrna, Capt. d. j.
Murphy.
Frederiea Greys, Capt Paris I, Carlisle, jr.
Magnolia Home Guards, Capt. Edmund Stout.
Lepsic Home Guards, Capt VIM. H. McClary.
Continental Rifle Guard, Camden, Capt A. r.
Bags.
Diamond State Guard, Milford, Capt. John w.
Houston.
Delaware Home Guard, Haslettvile, Capt.
John Downham.
Mordiogton Mills Guard, Milford, Capt. Jos.
o. MoColley.
Delaware Union Homo Guard, whitelysburg,
Capt. P. G. Carter
Little Creek Home Guard, Little Creek Land
ing, Capt. d. Spencer.
An election for the Field Officers of said Regi-
ment will be held at the Court House in Dover,
oil Tuesday the Sd day of December, at IL
o'clock M. Captains of companies will give
five days notice of said election to the Commits
stoned Officers under their command as pre-
scribed in Section 8, Volunteer Law.
By order of,
Major General Du PoNT.
A, II. woOTTEN, Aid-de-Camp. tie.
Delaware State journal and statesman., 1861-11-29
SSRl iaI alotlfrs.

Some oi the reason iohy BTme sells so many
Shoes.
In the first place, he secures large aud COM
modiOus establishment at low figure and fits
it up in good order. buys his stock in large
quantities, thereby getting it ut the lowest mar
ket prices; he has his Shoes made so that the
most fastidious cannot find fault with them; his
expenses being comparatively small, he puts his
shoes down to the lowest living rates, and then
he adyertises literally and as consequence he
sells his shoes OIL rapidly and gets the cash with
which to go in quest Of more bargains to be again
laid before his customers, now at this time of the
year, when everybody is buying shoes for the
fall and winter. We would advise them to give
Hirnie u call, MS he has on hand one of the best
assorted stocks of Boots aud Shoes that is to be
found in the State. All business in his line
promptly aud personally attended to by the pro-
prietor, James W. Birniei No. l02 West Second
street between Shipley and Orange, Wilmington.
Del. Sign of the big Black Boot
Delaware State journal and statesman., 1861-11-29
NOTICE
To Water Renters.

All persons who have sold property during the
present year, must give notice in writing at the
Office of the Water Department, Tenth and King
Streets before Me S0M day Of November. 1861.
Also, all persons who may wish to discontinue
the water, or any portion thereof, must give
notice as above stated, and pay two dollars for
detaching ierule or cutting off pipe, otherwise
they will be required to pay the rent for the next
year, as no alteration will be made in any bill
after the Both day of November, 1861.
A. PRITCHARD, Sup't.
Oct. s0th, 1S6l.-lm. p.-
Delaware State journal and statesman., 1861-11-29
j. r. HEALD'S
November List of New Book

november AlSC OF NEW DOOlGS.
National Hymns, how they are written and how they
not written, Lyric and national study for the times
by Richard Grant White.
Cecil Drepnln. by the late lamented Major Winthrop
The Co.'s. pAth, by Wilkie Collins
The Worlds Progress, Dictionary of Dates new edition
by Geo. P. Putnam.
The Silver Cord, by Shirley Brooks
New, Beautiful and complete works Of Schiller.
Elsworth's HOuave Drill, new edition.
Beechers Lectures to Young Men, revised edition.
Round the World book for boys by W II. O. Kingston.
The Boys Book of Indian Battles aud Adventures Illus
trated
The Triumph of Invention and Discovery.
The Golden Fountain, "Bible Truth Unfolded"
Bible Stories for the little at home, beautifully
illustrated.
Tinsel and Gold, "Or what Girls should Learn
Plain Paths "fOr youthful runners"
Truth always Best or fault redresed
The Better way, "or what do live forT
Look Upward, " or the working boys own book
Old Robin and his proverb.
Our Father who art in Heaven, "a story illustrative Of
the Lords Prayer"
Spare Well Spend Well.
thsre.r
Stories from History.
Story Book Of Wonders In nature and art
Tho Basket Of Flowers, Ga tale for the young
All choice publications Of the day received published
at J.T. HEALD's,
Wholesale and Retail Book Store,
42i Market Street,
ntVl Wilmington Del.
Delaware State journal and statesman., 1861-11-29
REGISTERS Office,

Registers Office,
NBw CASTLE CoUNrY, November goth, 1861.
Upon the application Of John " Rice and Joseph W.
u Dav Executors the last Will and Testament Of John
Rice ESQ., late the city Of Wilmington, in said County,
eeeased ii is sORDERED aud directed by the Register that
aforesaid give notice of the granting Of
Letters Testamenary upon the Estate Of the deceased,
with the date granting thereof by causing advertise
ments to be posted within forty days from the date
Letters, in six Of the most public places OF the
County of New Castle requiring all persons having de-
against the Estate to present the same, abide
by an Act OF Assembly in such made and provided
And also the to be inserted within the same
period In the Delaware state Journal and Statesman
newspaper published in Wilmington, and to be continued
therein two months.
-, Given under the hand and Seal Of Office of the
L. d. Register aforesaid, at New Castle in New Castle
tJ County aforesaid the day and above written.
PETER H. NANDENBR, Register
NOTICE.
ALL persons having claims against the Estate Of the de-
ceased must the duly atesed to the Execu
tors on or before the Goth day Of November 1862 abide
the Of Assembly in such case made aud provided.
JOHN V. RICE,
JOSEPH W. DAY,
Executors.
Wilmington Nov. Goth, 1s6l.-2m
Delaware State journal and statesman., 1861-11-29
November l8M 1867,
COMMUNICATION.
From Alfred r, W0otten, Esq,

ATTORNEY GEN. OF THE STATE OF DELAWARE.
TO The Grand Jury of NeO Castle County, Deld-
Vrre, on November 81, 1861.
Gentlemen Of the Grand Jury;
have received the presentment made by
YOU to their Honors, the Court, Of John a.
Morris Co.. for drawing an illegal Lottery
in the City of Wilmington, and since the Court
have given me no instruction as to the course
| shall pursue, nor delivered any opinion as
to the law of the case, must, of course, as the
counsel of yourselves and the State, be con-
trolled by my own view Of the law, and act
upon my own judgement, since the entire re-
sponsibility rests upon my shoulders. While
should be gratiied that your desires in all
respects might be carried out, the law of the
State compels me to decline to trame any IN.
dietment from that presentment. In my opinion,
land claim the right to be Judge Of the law
bearing upon my duties as Attorney General
no indictment could be sustained against these
parties, from the fact that they have drawn
lotteries in the State and at the time ex-
press that opinion, l feel it duty owe to
myself to give you the reasons why, for this
Delaware State journal and statesman., 1861-11-29
Dissolution.

HE partnership heretofore existing under the Of
il Reeder Davis, dissolved by mutual consent on
AMOS s. REEDER,
4 .i JOHN ID. DAVIS
wilmington, November 18th, 1861.
The busness will be continued by Amos Reeder, who
Is Authorized settle up the business Of the late frm
AMOS s. REEDER,
poyQ29t JOHN d. DAVIS.
Delaware State journal and statesman., 1861-11-29
DIVIDEND.

ARaE invoice Of Bone Dust for rae at the storesof
u 8. r. NIELDs co.
Delaware State journal and statesman., 1861-11-29
Guardians s Sale
REAL Estate.

Guardians Sale
REAL ESTA TIE.
pY virtue Of an order Of the Orphans Court Of the State
ID Of Delaware for New Castle County, will be exposed
to sale at Public vendue,
ON TUESDAY,
The 10th Day OfDecember, 1861,
At o'clock P NJ, at the house of CHARLES NJ. ALL
MoND, in the City Of Wilmington all the right title and
interest Of William Price and joel Price, minor children
Of James W. Price deceased In the following described
LANDS AND PREMISES situate in the City Of Whining
ton 10 Wit:
certain messuage aud lot Of land situated In the City
Of Wilmington, and State of Delaware, the taserly
side Of King street between Eighth and Ninth Streets ad
Joining land Of Thomas II. Baynard and land OF the
African Union Church, having front King street Of
about twenysix feet four and half inches and extend
ing back that width to the middle distance line between
King and French Streets be the contents more or less
Attendance will be given and terms Of sale made known,
at the time and place Of sale by THOMAS II. BAYNARD
Guardian, appointed to effect the said SALE his At
torney.
By order of the Orphans Court
JAMES DUNCAN, Clerk.
November 10, 1e6i-26ts.
Delaware State journal and statesman., 1861-11-29
PENINsULAR R. R. LINE.
Change of Hours.

OAd4bO Va A4OhA5'
ON and after MONDAY Nov. 18th, 1891 Trains for the
" accommodation of Passengers will run as follows
until further notice.
Delaware State journal and statesman., 1861-11-29

against the lessor when, after M act of waiver
he seeks to enforce the forfeiture. g Barn. Il
Uress. 519; l NIeps. & Wells. 402. Also against
a third person, being purchaser of lease after
forfeiture which had been waived by the lessor.
Upon bill for specific performance, the pur-
chaser's executors objected to the title as void
by the forfeiture, but they were decreed to ac-
cent it, and the decree affirmed by the Lord
Chancellor Eldon. Russ. q. R. l1O.
In the old English cases distinction was
made between Il condition which, upon the
tenants default declared the lease to become
void, and one which only reserved to the lessor
right of re-entrY. This distinction has long
since been over-ruled.
No reason is perceived why this rule Of con
struction should not apply as well to grant by
the st tie, as to private contract On the con-
trary the reason Of the rule applies with greater
force to n grant like the present one, as the
interests intended to be protected by it so Inuch
exceed the value of lease for years, or contract
for the sale Of land. The Legislature, in adopt
ing for its grant this sort Of security, must be
presumed to have taken it with its settled judicial
construction especially when such construction
operates for the benefit of the State as u con-
tracing party, and is so important to the inter-
ests it was seeking 10 subserye
The construction OF this 9th section is not
governed by the adjudged cases respecting the
forfeiture of corporate and other public fran
ohses. The condition is one never before at
tached to the grant Of public franchise. In all
the cases of forfeiture reported in the books the
cause of forfeiture is the abuse or nonuser Of the
franchise; in no case is it the non-payment oi
money. The interest of the State lin these
casesl is solely in some public benefit resulting
from the right exercise of the franchise, and moi
in money consideration for the grant of it,
There can be no ground for the exercise by the
State of an election 10 continue franchise
} which is abused or wholly abandoned, and a
! best is without pecuniary profit to the public
depending upon its continuance. Hence it is
) that in the ordinary cases of forfeiture, which
. are for the abuse or nonuser of franchise, thi
T Attorney General may proceed Immediately, by
3 q quo wArranto. to Gust the grantee, withon
, awaiting Legislative action.
! In the present case, if the law has been cor