davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

Error 10 the CircuH Court Of Chickasdic County
non. ". h. HARRIS, ASSOCIATE JUSTICE, DE-
LlvERED THE OPINION OF THE COURT
This IL an action OF cleotment TO recover
tract of land, located 10 plaintiff as reserve
by the treaty of the United States with the
Cickasaw Indians. Plaintiff alleges that ht
left said land unoccuped in the year 1895
and that ever since he has been beyond the
| limits of the United States; to wit in the
territory known as Indian Territory, west OF
the State OfArlansas and East of the Rocky
Mountains.
70 this declaration the defendant doinur
red LIST, Generally, that the cause of action
is barred by the statute of limitations. I'd
Because, admitting that since 1893, plaintiff
had resided in the Indian Territory, dc
scrbed, yet said territory is within tile
| limits of the United States aud the causc OF
action is barred by our statute and ID
Because plaintiff, as shown, is not citizen
of the United States, and cannot maintain
an action in this court
The only point presented for our determine
alton by the briefs of counsel is that on The
face Of the declaration it appears that the
plaintiffs cause of action s barred by the
statute Of limitation. This is o miscOncep-
ton of the scope and object of this statute.
IL no where appears III this declaration
that the defendant has been in the ddrc1sc
possession of he lar d in dispute for the time
limited by the statute or for any time.
Plaintiffs right Of action did not accrue
until there was an adverse possession.
The ground upon which the statute of
limitation rests is that the defendant has had
the open and notorious adverse possession of
the property in dispute for the period limited
by the act. The plaintiffs right of action
accrues whenever this adveise possession
begins and not before; and the law because
of his presumed knowledge Of such adverse
possession and his acquiescence therein
until after the period prescribed, bars him
of his remedy as well as of all right. Ellis
VS.. Murray, 2stl Miss. p. 1919 and SD Miss
p. I49.
No length of possession will bar the right
Of the owner to recover his property in pos
session of another, unless such possession be
continuous and adverse
Adam Va. Guice Both Miss D. 397
Tegarden vs. Carpenter, Both Miss, X. p.
404
Nixon vs. Porter, 3sth Miss, X. p 4O1
Whether, therefore, the plaintiff was pres
ent in the State or absent does not affect his
right under the statute of limitations, unless
II appears that there was an adverse pos
session for the time prescribed.
The demurrer on tins ground was there
fore improperly sustained.
The last ground of error assigned, that the
plaintiff is not citizen of the United States,
and cannot, therefore, maintain an action in
our courts, is not insisted ON here, and seems
10 be without amy foundation.
Let the Judgment be reversed and cause
fer further proceedings.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

The CoNnNG NORTHERN Elections.
Washington letters announce that the
ensuing fall elections are to be carried
at all hazards for the Administration
party. There will he no Connecticut
slip up. The Executive has been in
formed by those in frequent converse
with him that such fatal errors must
not be allowed to occur in any State
where they can be prevented, and
there is the best possible authority for
asserting that he holds the same view.
His new position in cutting loose from
those whose acts tended to perpetuate
disunion and make a disruption Of the
States inevitable is said to be fully
realized BY him.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
"The Approaching cri.i. in America

A very singular article under the
above caption appears in the London
Spectator, which during the war oc-
casionally attracted much attention
for It's sound reasoning and correct
information touching the war in this
country. The Spectator belongs to
the Sumner school Of politics and
saws the contest between the aristo-
cratic and democratic constitution Of
society, once more menaces the re
public. if not with ACKNOWLEDGMENT, at
least with civil war. n is he deliJe-
rate belief Of many Of The most erpe-
rieHced men ia america, tie Spectator
declares, that II the election 10 be heid IN
NoremJer terminates n faror ot'the Pres
idcnt, a resort 10 force cannot be droided
tor many weeGS, and that II hey do not,
he Presidential election Of 1865 eW be
tie signal TARA reae,Sai Of operations IN
the Geid. While affecting to deprecate
another laceration of the country by
war, the Britisher proclaims that the
radicals ''cannot submit, cannot see
the result of great war cancelled,
and the legislature remodeled by the
act OF the Executive alone, without
an appeal which it will be impossible
to confne either to votes or words"
While trusting for the best, we con /
cur with the Louisville Journal that ;
the extreme violence of political par
tisans bodies no good to the future of '
our country. We are reluctant to be- v
ieye it, and yet we are compelled to =
,hink that there are persons who are v
seeking in every possible way to rouse .
he worst passions of the people into a
/ state of frenzy in order to bring on a
he disintegration of these States a
Their conduct is ineXplicable upon u
my other theory. Their words are al
calculated to excite the extreme ha- !, !,
red of sections and of different class +
S against each other. They use the h,
Hest language they can employ, and II
re ever ready to call up the remem- II
rance of every circumstance having hi
tendency to goad the people to mad r.
ess. III
This thing is becoming serious, and en- en-
Ills for the thoughtful consideration te
f every man in the United States who IN
oes not want to see a civil war burst tn
pom this country. 1t calls for the in,
rofound consideration of farmers, OF
erchants, mechanics, and business Tin
en- in every part of the United States Gu
5 they value peace and the blessings
industry, as they value the lives of pu
cir sons; as they cherish the lareS cni
ID penotes of their firesides, let them del
buke the spirit of extreme violence 3D.
lerever and in whomever it may be 81
und. Let good men awake to a con Do
iousness of the perils that impend toa
er the country, and vote them down ten
d otherwise rebuke them now, while ne ne
ey have the power and an opportu- ing
l.
" to do it. i L'S
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
Very TFue.

Henry Ward Beecher says that the
freedmen Of the South must make
friends with the white population or
be ground to powder, and the New
York Sun, touching the same subject,
remarks that the colored people of
the United States can never "elbow"
their way to what they believe to be
their rights. They must strive by a
modest demeanor, coupled with true
self-respect, to multiply the number of
their white friends, so that in the end
completejus may be done them by
free and willing hearts and hands.
These observations coming from
sources anti-Southern and radical,
show that the leading abolitionists are
beginning to learn the obliteration of
slavery did not wipe out our feelings
nor the fixed line Of distinction between
the races. The negro can get along
very well with us when the radicals
concur with Beecher, and we are per
mitted to manage our own affairs with
out bureaus. The negroes. by close
and assidious labor, will elevate them
selves and secure the confidence of
their former owners, but whenever
they meddle in politics and listen to
the agitators of New England, they
will, as Mr. Beecher says, "be ground
to powder"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
Lucinda Munday, Elk. &c, etal)
1888 VS..
William Calyit and wife.
appeal from the Probate Court Of Franklin
County.
HON. W. l.. HARRIS, ASSOCIATE JUDGE
DELIVERED THE OPINION OF THE
COURT.

COUKT.
The defendants in error filed their petition
in the Probate Court against the appellants
and others, legatees and distributes of the
estate of LittietOn Munday, deceased, pray
ing distribution and payment TO petitioners
OF the several sums OF money specified in
the petition rs due to petitioners.
There was answer filed for w. H. Baldwin,
one Of the Executors, which was rejected by
the court because il was not sworn to-
There was also a plea filed by the Executrix
and Executors which was adjudged INSULT
cient and the said Executrix and Executors
were required 10 answer further. The same
Judgment prOnOuncing the answer INSULT
cient, rectes that defendants having failed
TO answer said petition, upon motion, de
cree pro oOntcSsO, against the ExecutTiX and
Executors was rendered; and theTeupon
without further proceedings or proof aud
without an account, final decree was rem
dered against the said Geo. W. Sellers, Luz
cinda Munday, and William II. Baldwin. for
the sum of Sll 1870 2l-0OO.
This appeal is prosecuted TO revise this
Judgment. The LIST, ID, Sd and 4th assign
ments Of error, relate to the action Of the
court upon the sufEciency Of the pleading
mentioned, the answer and the plea appear
ing in the record
ford, 81 al, 18Th Miss. r. p 81, 1856, which
was proceeding for distribution under the
statute, the court has said, that the statute
does not contemplate or require the pro-
ceeding by which the administrators ac-
countability is to I've asccrtained, To be cum
dncted according TO the strict rules of plead
ing. In case Of controversy a. to the amount
f0r which the administrator should account.
il would be the duty Of the court to require
an account, upon the same principles upon
which a final account Is taken: the object in
both cases being to ascertain the true amount
with which the administrator Is chargeable,
and no fUrinality Of pleading j. necessary in
taking such an account"
And in French ". Davis, 18th Miss r. p
l67, it is held that, petitions for distribution
Of estates are Informal, and not regulated by
technical rules; and il j. competent for
either party 20 introduce such evidence in
proceedings Of this character a. may be ne
oessaIy 10 show what Judgment shall BE- rem
dered. without regular and formal pleadings
The 5th assignment Of error Is thai the
court erred 10 rendering final Judgment
against defendants below without requiring
q refunding bond rita seoErify. and without
naming or specifying the security to be
given.
In the case before as. a refunding bond IL
required by the decree. not specifying that
security should BE- given, or the name Of
any securities.
In theesseOf French ". Davis, already
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

GLOWING IN HIS OwS LNFASY.-The
notorious Horace Maynard openly
favors negro equality in Tennessee.
He recently said in a speech at Athens :
/ am an abolitionist, and have al
ways been one. i was accused Of
being one when i first immigrated to
this State. The charge was just; !
was full and running over with aboli-
ionism, but i denied it for policy's
sake. am proud to-day that | have
been elassed among that prosecuted
set, and deem it the highest compli,
ment to be denounced as such. And
/ tell you, gentlemen, that in a shOrt
time all this complaint about negro
equality viii be done away with. Yes,
gentlemen, in a short time he will
marry and intermarTy in your families.
1t is e little Objectionable to-day, but
you win soon get over this, and the
prosecuted negro will be welcomed TO
your parlors. This will be the result
Of the political and social changes Of
the next few months.
How the people manage 20 tolerate
this foul efferveseence is q mystery 70
rs,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

Defending THE TrLTERs. The edi.
tor Of the Poughkeepise Daily Press,
has come TO the defense of fitting
hoops. He likes them, and is not afraid
to say SO, emphatically:
Show us the man that does not like
hoops-titing hoops-blest invention
Of Venus--graceful invention-de-
lightful conccption--ftful permmitter
of glimpses-nashes of things divine
white, graceful, symmetrical, joyous,
drifting away, swimming away, Gid
ing away-vanishing from the earger,
devouring eye So tilt white clouds
upon the summer heaven; so through
their fleecy skirts the sun burst shows.
Show US the man that does not like
hoops-tilting hoops-and we will
show you man who does not like riffs,
yistas, openings into paradise, who
would shut ont the glorious vision
from his fellow-man, and bid him
grope below, nor turn his rapturous
gaze to things above. Hoops-tilting
loops-true cincture Of Venus-un-
'abled zone of the foam born Goddess.
In them is every art and every charm,
70 win the wisest and the coolest warn"
Show us the feminine who does not
ike hoops-tilting hoops-and we will
'how you a woman whose feet are IL
anic, whose limbs are elephantine, or
bout the shape and size of a bean
,ole whose ankles are terrible, whose
charms are seen by the eye of faith
llone-PlatOnian. faith.
Oh : fitting hoop-kind disclosure-
many may spum thee. Snarling old
withered old maids and wO-
men viii never feel again the sweet
.pring time thrill OF their lost instincts,
nay scout thee-the deformed and the
transformed may ignore thee-the
anne, the halt and the blind may jeer
hee, but we've still viii love thee,
till clingto thee, still sound thy praise
It morn and welcome eve. And of.
IS We see glimmering like the white
winter moon through clouds. those
animated porian shafts whose
delicious proportions were fashioned
ly the spirit Of beauty, proclaim anew
our thanks and our gratitude 70 the in
rentor Of fitting hoops.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

SANTA ANNA SUES HIS SECRETARY
An order of arrest against Senior
Dores Mazeura was granted by Judge
Barnard, in New York on the 25th
ult., at the suit of Gen. Santa Anna,
charging him with fraud in the pur-
chase of the steamship Georgia. He
states in his affidavit, that Mazeura ex-
hibited a letter to him in st. Thomas,
purporting to be from VIM II. Sew
ard, inviting the plaintiff to come i'm
mediately to the United States, as the
Government was anxious and willing
to aid him in his efforts on behalf of
the Mexican people, which letter was
connection of Mazeura, and not writ
ten by W. H. Seward The plaintiff
states that through the deceit and
frand of Senior Mazeura, who has been
his private secretary, he has sustained
damages to the amount of seventy
thousand dollars.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

JACKSON, July -, 1865
Mr. L. Mendelson, National Bank Note Re-
porter, New York.
Enclosed find s. Counterfeit United States
Currency, numbered 23,45s, and the best
imitation Of genuine we have seen. Please
add it to your list and oblige the public.
Yours, truly.
.tl
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

have been taken by the gov
eminent to stay all proceedings for
the present in the cOnfscation Of the
late Confederate Gen. Beauregard's
property in the Southern States.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

The atmosphere Of love is a pure,
sweet breath. This desideratum Is one Of
the result. Of using Sozodont. which not
only invigorates and preserves the teeth,
bot renders the month - fragrant a. a rose.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

The Ashley county (Arkansas)
Times tells Off duel between Messrs.
Pogue and HOneycut in which both
were wounded
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06


HARpTR's WEEKIT.-We are in re.
ceipt Of a note from Messrs. Eyrich
and Co., Of this city, stating that they
will no longer order or offer for sale
this pestiferous sheet, This is a move
in the right direction, which we hope
will be followed up by every book
seller in the Southern States. We
observe that the Mobile booksellers
have also banished it from their stores.
We believe ia the - freedom of the
press but it is our glorious privilege,
as it should be our duty to withhold
our patronage from those who SANDER
aud caricature our people.
The amount of money an
nually sent from the South to
these Northern radical publishers is
enormous, and is sad commentary on
our self-respect, Let the example of
Mcssrs. Eyrich d. Co. be followed, and |
let the list be extended to Frank Les
lie and other pictorial and literary |
trash emenating from the radical
presses of our Northern brethren"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06

COoFEKs wELI4-If yop wish % go to this
peasant anl Htaithg frti'7At, Attfr-it y ~
Express viii meet you either Il Byram orClin-
ton. on the arrival oT TIE trains At those places.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
THE WEEKLY CLlRIlN.

In consequence of the quarantine
below Mobile, freightis being shipped
from New Orleans via Jackson and
Meridian and Mobile There were
over thirty car loads OF government
freight here yesterday to 90 over the
Southern road.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-09-06
DECISIONS OF TaE HIGH COURT
ERRORS AND APPEALS.
AT THE APRIL TERN, lSGG.
RrPsrlsd k.pre..I, Gsr bod CIarisn

Alex. l.. Pope, ct. al
vs..
W, NJ Pope, ct. al
The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24
Death OF q Minister.

1t is with much regret that We learn
the death % Rev. r 8. Doaglass, one of
) he Ministers who lately attended the
Presby,ery At This place, and who, for tho
last two or three years, has been P.Nor
"e the Presbyterian Church NJ Union
C"nt House. Whiht in attendance pom
The Pr-sbyt.ry here. hs WAS the guest Q!
the y. r Editor Of this paper; we.
therefore, feel more thsn ordinary interest
in ,he sad announcement Of the death Of
this young minister, " HON we esteemed
most worthy and promising servant Of
the Church. lie left va, feeling sIiritly
ind.po. ell. on Monday ur"rn,ng. the 9Th
lust, for lis home a, Union g. II
Going Ms far NJ the Rev. NJ. Saves IL
Chvs'er y strict. he WAS taken IL and
died there. IN SUNDAY morning following
the l+th list. Again are We reminded.
that I'm the midst of life, We are in
deatl.'
The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24
co VI NJ U N &c A T Z D.

MEssRs EproRs: The condition Of
many Of tho people in our Distr ct ia
truly alarming Mauv Of our CITIZENS
"-e in such corhition that i, is iihpnssi-
lie for them to obtain snpplira Tor snorh'
or vaar unless assi.tsnce comes 10 their
aid and great suff-ring. II not satva
,ion must be the inevitable result The
fact is. something must lie done. and
the duty Of acting in concsr, in this
matter. ia imperative. more 40 now than
in former wears. for several ra..on.:
lat. I've demand COR hraaAsuffs !.
greater than ever before. q. We will
have 70 purchase provisions abroad and
have n. m .hirred To Va 81, the fnrds
whprewith 10 purchase. ar. not in our pos.
session, aud shirp;"v Is incorven:en,.
~a having M tailiosd.
The qn..'icn NAV then he ..ked can
snv'hng h- don. 10 rslieve the distressed
condition of the peor'.i I answer. yes.
srd beg leave 10 submit, the following
plan: Let each Bsst in the D;.trct hold
= meeting anh appoint delegated to a
central m"etinc. a, III. Village. and then
let hi. central meeting appoin, suit able
uerors from each Beat TO take 4 census
Of all the h.adA of families who will have
To purchase hresds'uff. and that wish to
60 into this Arrangement. with the a
mornt they will mead. and also whether
thew vii! be sh'e TO pav ANYTHING Tor
,hen,. Al.o. LEI the sstha committee take
the names 81 families Who are unable To-
paw ANYTHING Let this all be footed mp.
AID W. have he>nrs us the wants OF the
people "f our District.
Then memo'islizs tho L.gis'a,urs at
us mex, regular SESSION upon the suhj,ct.
aud request them TO loan the pe,p's the
necessary funds TO meet their demands
f'r prr.rnt supplies. giving mortgage on
thew bands f'r tue psvman, "f the clAirn
TIE appropriation made Lv the L-gi..
is'urs. q, is -xira session, is altogether
insufficient, and nis-rallv lame IN mnrs
than "n. direction. That iy dd not
know the wants Of the people they we're
.s-mingiy ignorant Of the distress and
srff-,ings wheh threatened us. BIT We
are satisfied that whenever the true con
ii'ion "f our people are prnp-rIv pr-srn,
.,i tn The Legislature. that the necessary
rsl-f wi! be f"r,hc"mrny.
Then let m-a,invs he held. agent. ap
pointed. the legislature meinorialz-d.
and all will be we'll
OSE or rHE People.
The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24
Proportions of the Human Figure.

The pr"portInns uf the human hyuie
are fIcLy IN thenalical. The entire
hyme Is SIX tunes the l-ngth OF The foot
Whether the form lie slender or plump,
thus rule ho'd. < 'od ANY deviation from
uisA drp-ttur'irom the highest beauty
OF proportion. All the Greek statues srs
ma Ie according to this rue Tho face
from the highest poiut uf the forehead.
where the hair begins, to the end Of The
chm is one tenth Of the whole s,s,uts.-
The hand. fr"in the wrist to tho end OF
the middle finger, IA The same The chest
"a fnurth, and from the nipple t. tho Top
Of the head Is the same From the top Of
the chest TO The highest point Of the fore.
head 's the seventh lf'hs Ieng,h Of the
face, from the foots Of the bai, to the chin.
he divided INTO three equal p rts. the first
DIVISION determines where tho eyebrows
meet. aud The second the pace f,r th-
nosr,ls. Tie naval i. the central Dart of
the human hody, anil II man should die
"n his hack ~ilh his arms rf,end-d, tho
periphery OF tEs circle which might 10
d-scrri'-d around HIM. would touch tn,
extremity OF his hands and feet. The
he!eh, hom tho feet to tho top OF The
hesd ia the distance from one sx remit,
I" the orher ~hsn the arms ars f,llv es
tended. These are The general measure,
Of the man species.
The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-10-24
The Tragedy at Medina. Michigan;
ApmAN. .Oe,obsr 4.

The township Of h~Gina. h. this coun,v,
has been tie scene Of one Of The most
bloody and Jrigh,ful tragedies which ever
occurred in this section OF the State, and
one which has seldom been surpassed for
ferocity auG hcrror. The circumstances,
ia far 70 they have been developed, are
as follows:
Mn Caroline Simms, the wife Of Rob
er +! Sim,ns, Gfarm laborsr residing in
Medina. has been for some time past sub
jet to temporary fits a desP 'ndsucv.
which would OCCASIONALLY sssume The form
Of ferocious insanity. But liuls impor,
tsnce WAS attached 10 these dsnoustra
ti"ns bv her husband anh ncqusintsnces.
who At ribured her peculiar ac,ion 10 the
fact 81 her eng in a weak state ofheslth
She hss been possessed OF an eIcitsbls
snd ratn-r fierv temper, hut has slmn..
in, srishlv hisplHved y reasonable d-ytee
o. stfe.riou tor her hushsnd Snd children
Yesterday morning. a''er her husband had
gone ta rhs s,xSle 'e attend TO his morn
ing eh res. she. with the cunning of in
ssni,v. which h~d long been gathefihe,
n d orlv awaited n fsvorsh'e opportunity
TO burst with t.srrnle furv. took from th.
drawer her hushsnd's razor. approached
her own led ~h-'ei her vnunge,, child
was sleeping. and cut the thfost II the
little irn"r.n, f."n ear to ear. In a
,rnnd'e'ted were sleeping the three other
children, sged, respectively. four. .eren
and nine wears. With cat like tread she
approached the sleeping children. and re
peai-d the same hoody deed npon the
Youngest and next voung-st. killing them
almost Instantly. The oldest. a l.oy. lsv
mex, the wall. with hrs back toward the
other children. She reached dser the
bodies OF the frat two. and attempted tc
draw The razr across the throa, of the
| oldest boy: but, owing To his position. q,
some cause unknown. she dnIv ,ucceaded
IN inf citing y severe hu' not fatal gssh
| Thinking. however, her bloody task &C.
c'mp'i-L-d, .he drew the reeking weapon
directly across the front "f her own tbtoat
and sunk 10 the floor on the spot.
| TIE Oldest bov, who had on,v been
partially scanned, upon recovering. nv hi.
cries Of fright and terror hr"u ,hr the fa,h
-r snt soma OF the re'ghbors To IA,
house. and. hsssning to the room from
| ahance the erie. proceeded. The horrible
scene met their gaze. The three youag
est children we're entirely dead, a ID il
shon: ten minutes the mother hrss,hed
her las,.