The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-02-07

Cf1nnnsI Court OF 81. LOUIS, Snoe0 OIovers To-
Gently had occasion to decide upon the loyalty
Of the Presidents Emancipation Proclamation.
His opinion, At large. 10 published in the No
Democrat, Of the Goth ult The question aross
in the case of negro, named Benjsmin Doug
Lass, who Was born . slave in the State Of Ms
sissippi, and, two or three months since, VA
the property Of one Major Dssdd Thraikill, who
| lived about sixteen miles from Heisni, Arksnsas
At the January Term Of the Criminal Court, be
vas Indicted, tried and convistsd Of Grand Lar
ceny.. The qoestion thereupoA came up, whether
10 should be punished % slavs, OF . { frse-
nan,r If slaye. the law Of Missouri requires
that be be punished BY any number Of lashes,
Tess than thirty nine. II free by .imprisoanen,
in tie PepitentiaIy, not lees than two, nor mors
than seven years. The, Presenting Attorney
argued that be should be punished - free. The
counsel for the negro insisted that he was q
slave, and that he should be sentenced to corpo.
rat punishment and thereafter discharged =
After argument, the Judge gave his opinion, re-
viewing the argument and authorities, and states
the conclusion to which be came, in the follow
ing words: s5a ,ieos 7stT E..-, An.
From the best Judgment which / can bsstow
upon the question, lam of opinion aud 10 declare,
that the prisoner is free man, free BY virtue Of
the proclamation, and that being once . free man
he is forever free man. for know Of no power
or Law by which man being once emancipated
can be again mancipated. 6.u ~
The decision Of the Judge II undoubtedly cor
rect. though the negro. 10 this instance, seems
to have been anxious to accept of the stripes
instead of imprisonment. ztssia1aa4a 200,
q b0r0n Saturday last, Vim. Hops Who vas
recently tried before Judge Manisrre, ct Chi.
|oago. for the murder Of his wife, at Wheeling,
near that City, and 8 verdict Of guilty found
BY the jury, was sentenced to be hung on the
third Friday in March next. Amotion for q
new trial had been made in the case on seven
distinct grounds, all Of which we're over. ruled
by the Judge before pronounci1g sentence
The prisoners Counsel gave notice that bill
of exceptions would be fled to the ruling Of
the Court, and asked and obtained twenty
days in which to complete it. Ha7i sin cd
saf aE'34 --l---- ---0L-------, -EET 81 o.
GENERAL ScorT.-It is said that Gen. rScott'a
health is fast failing. He il confined to bis
apartment at the Fifth Avenue Hotel, New
York, almost entirely helpless, and his mind ID
breaking down under the weight of years and
mental and bodily affections q He receives few
visitors and those only Of his intimate personal
friends. at is unfortunate for Gen. SCOTS re-
Eputssion that he WAS called, upon for the most
arduous duties Of his life atIa time when age and
bodily in6rmities made him least able to per-
form them. That he has always been true
patriot no one doubts. That his military acts
and history have given lustre to our. annals,
every body asserts with honorable pride. Had
he died before the rebellion broke out, be would
have borne with him to his grave the reputation
Of the best and ablest and most successful SOL
der, Of the list age. But the events of the
past two years, while they do not lessen the
brillancy of his earlier achievements, have de-
unonstrated the fact that age had impaired his
judgment, and made him unable to serve hi,
country to the full measures of bis wishes II
is not to be wondered at that he made mistakes
but il is . matter of sorrow to oil who houored
aud still honor. him, that bis reputation Eas
put to SO severe and unavailing trial, as that
which the rebellion brought upon him.
NEW EAMPsH1RE.-The canvass for the ap-
preaching election in New Hampshire is said
to be growing quite warm. That distinguish
ed ex- President, and most redoubtable Gene.
raj, franklin Pierce, is said to be engineering
the campaign. on the part Of the Copperheads.