davidaulloa/AmericanStories huggingface dataset:
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17


hbon ut first most actively employed But the remedy
afforded relation these Courts found useful
which misconstrued Act of Parliament and
therefore did not properly exercise its jurisdiction.
AS said in Nathans the Courts of South Carolina
have found occasion enlarge the relief afforded by prohibit
ton your Honos exclude from view that according
to the constitution the authority conferred upon this tribunal
desgnedy made Tor supervisory control over
all other Courts in this State power at least great and
extensive that conferred upon any similar Court in tho
United States. The language is emphatic "The Supreme
Court shall aa hat at all times and in any stage OF the
proceedings have power to issue wrs Of Injunction etc. and
such other original and remedial wrs be necessary to
give general supervisory control overall oher Courts the
State" Now if prohibition is mode whereby this super
may be accomplished and of that there be doubt
then according the constitution this Supreme Court is bonnd
that whenever inferior Court appear
to it not to have proceeded according to law.
The question of the then comes up has there been
proceeding which not accordngto law?
This brings to the consideration of Act No. ~ Now
the Court will allow observe, that striking the
eighth section the almost wholly conforms the pre-
existing legislation the State the subject the only diff
ference being that instead of application made formerly
to the Court and the valuation made by commissioners it
is now provided that the application shall he made to the
Circuit Judge and the valuation shall be made by jury But
it is no where said that such application shall be made at
Chambers and unless sad we shall presently show it can
only be made in Term
or shall authorized charter construct
rail,uay cana turnpike other public highoay in this State,
such person corporation before entering upon any lands for
the purpose construction shall give to the thereof f
he be ~ notice in writing that the right OF way is re-
oned over said lands such purpose Observe the
pbraseoogy while read the eighth section: "That no lands
or RIGHT of way which have heretofore hereafter be
procured for the construction any highway shall bo
cousidered exempt from any liability to condemnation but
the right of way said land and along such right
wy NAV be condemned for The construction of any other
qhoay; PoUded that in the construction OF such other
highway there hndance to the and enjoyment OF
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

cided. sz.-.sr-st
That such proceeding calls upon this Court for it's superv
sorry control would seem clear but the for Its ex
In the of Thompson Ingram GA Adophus and Ellis
TO- 6S English Common Law Reports 7O9) Acon in County
Court defendant says title question The Judge ruled not
Per cuam the Judge had praa tacie jurisdiction; peadng
would show title question: that would arise upon the evil
dence; as it appears that jurisdiction ceases
Now your Honors will observe that this we are ask
ing writ of prohibition for the purpose of correcting by your
exposition of the Act of 1872 the which claim
appear in the course Of the proceedings We not asking
you command thing another to be done; but to deter
mine how far the parties these proceedings have acted
cordng to law in the construction of the Act of 1912 That is
the relief expect obtain by prohibition and that the e
gtimate object Of prohibition.
In the cited the Judge had jurisdiction pri t The
title did not appear but the in evidence
say the English Courts, jurisdiction
Judge WardDo you take the broad ground that where
ever proceeding nsuted under the Act of 1868 the
ton sufficient to GUST the jurisdiction of the Judge?
Mr. Magrath-No Sir. Your Honor is well that
general propositions dangerous My proposition
aready stated that where in application before Judge
sitting Chambers made appear to him that authority
claimed be derived from the Legislature in conflict with
authority equally powerful granted to some other person and
sitting in Chambers without the authority Of the Legislature
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

Salem and Lowell Railroad y Gray NJ ~ anu the uO"el an
Lawrence Railroad Boston and Lowell Railroad G Gray
Judge War-Do you take tho position that this right OF
crossing only exist by grant in express terms and can
never arise by necessary Implication {?
Mr. Magratf-NOt ALL maintain that grant may be by
express words by necessary impcon but that III either
mode if questioned it must be proved.
Now your Honors will find that neither according to the de-
fnton of Tie hghway by any case to be found IN
the books has right given by Legislature TO highway been
considered right be claimed by araroad Authorities
subject pointed character before and
produced Court desires But this is not all have shown
that in relation ghways, the constitution has provided
special jurisdiction for their regulation and that jurisdiction
does not embrace cognizace OF questions of railway may
further and say that in all OF the States OF this Umon the
have been most cautious in framing rules or
preservao property and life OF railroads. and yet
called the present instance when there
does not appear any regulation whatcvcr
body empowered to make regulation concerning Giac ines
of road presume that that which elsewhere has been matter
of the careful legislation has been stuousy avoided OF
carlessly ignored by the General Assembly OF South Carolina
This brings Inc notice somewhat collateral point-the
crossing Of the bridge at Columbia How was that crossing
made? Does anybody know To this day can anybody tell
by what authority? While the motion Ion an unctoh was
pending before the Chancellor while the question rs TO the
right of the Columbia and Augusta Railroad Company was yet
undecided the mind of the Judge the rails were laid the
cars were over and the Court Of Errors passed Judgment
not upon question of the right to build the road but
considered cases England where held that unless the
right distinctly given to cross road 1T could not De en-
forced compusory under the charter The Clarence Railroad
Company the Great North of England Railroad Company
Ia c. B. R., 49,
We concede that lands rights Of way liable to conem
nation but the condemnation must be by the authority OF the
Legislature express terms not by the assertion its clam by
the Columbia and Augusta Railroad Company Your Honor
will observe that while we thus announce proposition whc
tends maintenance of order and the preservation Of tho
right of property, the other side rest on popositiol
which ignores all right of property and subjects 1t to th
assertion of claim by an individual or corporation
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

" -
Act IF therefore there special provision made Tor It's
trial it must according law and in but er
GUS as are these objections they not regarded and the
tcn of hindrances assumed as one whch WInout any
authority the Judge alone has declde ana secondly
that having right he entertain the question OUT OF
Term time Your Honors that in the Medcal Co
lege case the Court of Appeals determined that 1uog
vacation could not entertain motion 1or csg0I. SAeeH
Nor can YOU point tho law South Carolina by which
Judge in Chambers authorized to decide question involving
tho divesture legal rights? And if that question OF legal
roht involves matters fact resulting from
mower of Judge at Chambers decide it, whereto
found What ndrance? Is not question OF
constitution expressly provides that Judges shall even
CHARGE uries in respect matters Of fact and the popo
ston has been maintained the other de that
udc shall express opinion question act oeiore
ury he cn without authority, sitting at Chambers deter
mine that very question In the reported IN Ameran
Railway Cases 56-the Inhabitants OF Springfield v the Conn
River Railroad Chief Justice Shaw hold that the Vermont Act
whether railroad laid down. located in conformity
with the grant of power given in the Act of Incorporation
Judge Ward-Those Commissioners to ascertain com
pensadon? ,...
without other power they could not decide question OF oca
on and certainly therefore, not question OF conncong
claims May please the Court have only Drougnt 10 you.
attention prominent of this class of cases. and there
enough in them justify your Honors in excluding IRON s
case toreher the consideration Of the eighth secton as
section applicable to railroads Those cases. at leas 90
to show that the power authorized to determine ne ~
railroad not the power determine the "
and under our laws and decisions IL Is suph.e0 49, ;ts;.
naee that whe the question OF hndrance ooes no'
matter TO be decided by Judge at Chambers;
Jndoe Wiard-Is there not dlstlnctfon Det%een d m
f General character which nigh present question OF
ou;t and Inrance special question: Might there not
~ questions relating these two roads only rlabe in
Court Of Equity and yet may not special question OF hln
rance arise in land sought to be condemned hch
could properly before Judge at Chambers?
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06
MEXICO.
OutrageL on Americans.
Evxp Vnuv Enh

OutraseL ON Americans.
NEW YORK, Feb. a. 1859.
have just arrived from Mexico During resi-
dence Of fourteen years that country have Mt
messed many shameless and brutal outrages
upon American citizens, and when these were
brought to the notice OF the American government
no attention was paid to them by those whose
business 1t to ask for redress or give protection.
While such men as Kosta, OF Smyrna notoriety.
would command the attention OF our naval CON-
manders, as well as Secretary OF State, native
born Americans have had 10 suffer death, mpr'son-
ment and every other indgnty that the semi-oaroa-
rous Mexicans could innict without causing SIN
gle diplomatic note to issue from the State Depart
ment or remonstrance from any quarter except by
have seen the American nag torn from Its flag
star In Guaymas ana dragged insultingly through
cans, while at anchor near the town where this
shameless insult was perpetrated lay the st. Mary,
United states n-of-war without offering TO shield
our nag. Neither did our government ever demand
any apology or redress for this insult. During the
late cay war General Butler nung one 81 our own
did to our fag with this Observation-Disclosures oniy
pulled the nag down, while the Mexicans not only
tore the tag from the Flagstaff, but dragged ~
On the 4th day OF January Of this year the writer
OF this happened to be IN the Mexican port or san
Bias on the Pacific. There was an American
schooner there from San Francisco which had dis.
charged her cargo and was ready 70 san; Withon,
soldiers were placed on board OF his vessel, with
orders to prevent her sailing. lne captain In VAIN
produced ms papers to prove that all was right but
all arguments and reasoning were left aside and
he was told that they had the power and chose TO
exercise 1t.
At this juncture the American man-of-war MO-
hongo, Captain stephen d. Luce, came into tne
port dropped her anchor, and her captain at
once proceeded 10 investigate the case Of TINS
schooner. HIS clear head cOmprehended the wh0le
matter He said but a few words; those few,
however, were directly to the point The
schooner was forthwith released, the captains
manifest delivered IN gracious manner, with
host OF apologies to MIN well as 10 Captain Luce.
Captain Luce despatched this affair In less than one
hour, and as he left informed the Mexican officials
that he should be back that way in about ten days;
that his business was to look alter the interests Of
American citizens. This ID the first instance among
the many that have been witness to In Mexico that
prompt redress has been demanded oy our naval
oiicers and as promptly compiel with by the sneak.
ing ours who perpctrated the insult and who gen.
orally resort 10 diplomacy and Juggiery 70 avoid
making amend for the outrages they commit
This action Of a naval COMMANDER upon tne Mexi-
can coast Is worth recording. as 1t Is the drst IN
stance OF navy being OF any value TO us In the
protection or American interests In Mexico.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

The sacrament OF confirmation was administered
by his Grace Archbishop McCloskey.on Thursday
afternoon ut Backwclrs Island TO about 1870 OF the
inmates OF the Almshousc and hospitals on the H.
land During the past few months the Rev. Father
Duranquet chaplain on the island, had been busily
engaged IN preparing the applicants for continuation,
and having succeeded In impartng to them
q proper understanding OF the sacredness
and elects OF the sacrament he completed all neces.
sary arrangements that on thursday the ceremony
could be performed. HIS Grace the Archbishop IN
company with the commissioners OF Charities aud
Correction, and attended by large number OF lead.
rug clrrgymeu OF the diocese and several OF the Je
suit Fathers, proceeded To the Island. and In
tie neat little chapel over which the Rev. Father
Duranquct presiues he administered the sacrament
"a before stated. II was, indeed, q most im-
prcssive and inspiring sgns. The vcnera-
bic prcate, in fun canonirals seated on
throne near the altar steps, pronounced the sacred
anu concluded by the slight tap on the cneek while
he uttered the words par tecan on the halt. aud
the bind who approached or were led TO the foot
OF tue tnr0ne Ihe poor crippes Tor the hospital Tor
paiaytica, the indgent blild, the lame ana others
IRON tue Almshouse all seemed uuly impressed win
the sOemniy OIL tile occasion, and received the
strengthening chrsm and the tap which gave
them to understand thut they must DO ready TO
suffer In patience Tor the love or Jesus Christ
IN q manner eslncing so much rcvoic and faith
aud such a complete seli-dcnial aud suCn u patient
struggle undor tho innrmlsios and mlsiortunes ~
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06
THE COMMERCIAL mAaIKE OF sAvAxNaa.

from the Savannah (Ga) Republican, Feb. FL
In passing along the bluff one cannot but be
forcibly struck with the large amount OF shipping IN
port. Savannah Is last approaching the position
marked out for her by nature the first port on the
Southern seaboard. There are at present eghty-nve
vessels In port forsy-two OF which are loaaIng for
foreign ports. This win show heavy increase over
last year, when the number loading Tor foreign
ports was thirty, while the aggregate IN port
27th uiI. there were one hundred and nineeen
vessels OF which number only thirty were bound to
foreign ports; while Charleston only shows list OF
forty-two vessels, twelve OF which are loading for
foreign potts. This Is a favorable comparison Of the
facilities one red by Savannah, ana shows c0nclu
sivey That, with proper managemeniSon the part OF
our merchants ana all concerned, Georgia can still
maintain her proud title OF Empire state" ana
Savannah that OF the ''Queen City OF the South"
We notice among the vessels lying at our wnarves
several regular New Orleans liners, which, more than
all else, il sufficient evidence that savannah presents
extra inducements for vessels seeking freghts. Our
Custom House rece pts during the present season
also give evidence OF progress.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

which they had been and were subjected rs to draw
tears the eyes OF many OF the visitors present
AT the conclusion Of the ceremonies his Grace spoke
briefly rnd pleasngly yet forcibly to those who ad
In their faith and reminding them that whom God
loveth he chasteneth.n
Alter the services had been concluded the visitors
were entertained by the Commissioners and escorted
through the various institutions on the island the
clean and comparatively comfortable appearance OF
which eicited the heartlest Communications from all
prp
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

anL believe majority OF the people regard election
he best thing thai could happened for peoples
Extreme views fast being Abandoned violent express
seldom heard In connection with political
questions and feel confident that peace, quiet
mutual orLeaance and mutual respect Just dawning upon
believe, independents Of politics. perfect kind The people
desire restoration OF their proper relations
States and government OF the Union And have cool
to add that most Of thsm only tired excite
meL but very many OF them heartily ashamed that
the elections are over OF The to which they have gone
Judge Ordinary ID. b. Julian says
so far knowledge OF Georgia
faithfully and Inpartaly administered they In
this state There oganznd unorganxed resistance
TO the law so far know believe The officers OF the
Law faithful to their duties my section Of the State
usually treat them well wherever they respectful and
courteous IN their behavior towards the whtes So far
my knowledge extends the people here inclined TO allow
10 enjoy his tica opinions and exercise
his political rights fully and freely without restraint
hndrance The feelings Of the people here towards
% settle in Georsa arc kind and courteous.
They would rejoice 70 any number OF good, true,
worthy citizens into State settle but
the time people have whatever for that
class OF called capetbAgser The people here do
earnestly desire peace and restoration OF their proper rea
heartily tired sick Of this OF suspense and
taiuy, and would make reasonable sacrifice to have
and order permanently restored aud the
administered according 10 the sprt OF the constitution
cannot necessity for Justification the pro-
posed destruction Of the present OF tieora and
The foregoing embraces substantially the testi-
mony OF about seventy other natives OF the State
holding places OF trust and responsibility.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06
BoaARr AaCrrosnEH

., io o,e,ocs :. ,hs . man. FE . vra vm,.
street. Household Furniture, consisting Of large assortment
o. Paror .hamper Dning Room and Kitchen Furniture,
r. viii giye Ills personal attention 70 sales Of Household
Furniture the residence OF families declining
OF NJ the auction rooms. Relurns made the day
uulrsd Caeh advances made.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06
Bo0ART. AUcTIoNEER.

Bo0ART. AUcTIoNEER
e.. This day,
NJ ~ O'CLOCK, ~ inc auction No. North William
street assignecs sale, OF new and second nand
Clothing, Coats Vests Panisoons ladies' Dresses Under
also about wv valuable booka
n. g. SMITH. Assignee.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

II Do0Ahis AutflONEEH.
y This day,
a. loH ociycs, a. the auction rooms No North William
street, household Furniture consisting Of black walnut Par
Tor su IN ereen reps, oak COTTAGE SUITS fec Tetcs Rock
e Lounses sofas, bureaus, Washstands, Leaf Tables,
OAK extension Dining Tables Criba Looking Classes, gas
Chandemrs sedstesdssnd Bedding, crockery Stoves rus
SETS Carpets, Ocuths, Kitchen Furniture, double and sin
gle uarness. one Pile top bnagy WAGON UlpthIng.
Middletown transcript., 1869-07-31
The Latest velocipeda..

The French papers contain tho descrip-
ton of peculiar velocipede invented by
Mr.. Guillermin, of which we give an ex-
tract:
1t has three wheels, and is partially COW
cred by the figure of horse made Of in-.
dia rubber. In the sides of this horse is
wheelwork driven by springs, made of thin.
steel strips, thirty yards long, which are.
wound up as spirals. These springs are
so connected, by means of series of cog.
wheels, with the wheels of the velocipede.
that, when once wound up, they cause
these wheels to make two thousand revo-
lutions, and as their diameter is 3 feet,
they may run more than miles when once
wound up.
The handle, with which to wind up, is at
the side of the horse. within reach of the
rider, who can turn it without stopping the.
machine. The india rubber horse has its
fore legs ON the axis of the front wheel;
serving in fact only as envelopes for COW.
ering the legs of the rider, who apparent
ly makes no motion, but he uses his feet
and hands for steering and propelling. II
is expected that one may make Is miles
per hour with this machine without fatigue.
The ears of the horse are handles by which.
the rider opens the head, in which is box.
containing provisions and refreshments,
while behind him, another receptacle in.
the horse contains his valise and other.
property.
Frenchmen regard this machine as ono,
of the most elegant and useful inventions,
which has yet appeared since the veloci--
pedc sensation first commenced.
Middletown transcript., 1869-07-31

RATHER GooD.-We have often heard
of remarkable cases of "absence of mind. ,"
Here is one equal to anything we have
seen lately. The man was doubtless We
ry interesting head of the family.
~ say capn," said little-keyed man,.
as he landed from the steamboat Peytona,.
at Natchez, II say, cap'n, this here amt
ALL"
That's all the baggage you brought on
board, sir" replied the captain.
"Well, see now, grant it's all OK ac-
cording to ist,-four boxes, three chests,
two ban boxes, portmanty, two hams
one part cut,-three ropes inyons, and a
tea-kettle; but you see cap'n, l am dubes-
som. feel there's something short.
Though I've counted 'em nine times, and
never took my eyes off 'em while on board,
there's something not right, somehow"
"Well stranger, the time is up; there is
all know of; so bring your wife and five
children out of the cabin, and we are off,"
"Them's EN-, darn it them's eml l
know'd I'd forgot something"
Middletown transcript., 1869-07-31

gage to meet in single. handed fight all
the hobgoblins that ever walked over these.
mountains.
Come, Batcman, eat breakfast with u.s.,
and then go home and tell your wife that
l was here in time to redeem my promise" 4"
We will not attempt to describe the,
scene in the little cabin, as the husband
and father again met the inmates. Love
and joy came to the family reunion; and,
there in that forest temple, before the high
altar that God Himself had reared, the in.
cense from grateful hearts foated away in
the pearly skies. The nigh. shadows were
drawn areand the scene, and the peace
angel folded her white wings above the.
happy household. while they rested sweet
ly beneath her heaediction. = Rester,a
Monthly for July.
Middletown transcript., 1869-07-31
The Noon.

There is popular impression that tha4
moon cxerts marked influence on vege-
tation, and the weather-seers are largely
guided by the changes of that luminary.
Mr.. Coffin, in his recent book, Or Ne,o'
Way Round the World, thus writs of its,
effects on man within the tropics He is
in India I" The moon is at the full, pour
ing its rays from the zenith straight down,
upon us, with power which is almost as,
unbearable as that of the sun at midday.
There is no heat in its rays, but they.
have great effect upon the brain. The,
blood rushes to the head, and there is n.
sense of fulness and pressure which, all
though not attended by acute pain, is ex-
ceedingly unpleasant. We find it neces--
sary to keep our umbrellas spread at mid
night as well as at midday. 1t is danger
GUS to sleep in the moonlight in the trop-
ice. In this country We can see new beau
ty in those worda of the Psalmist, express
sive of Gods care for those who love him
The sun shall not smite thee by day nor,
the moon by night"
Middletown transcript., 1869-07-31
MIDDAY IN SUMMER.

Lo lying in the fierce meridian heat,
The beauteous earth looks like a thing that dreams
And, all o'ercome with stupor strangely sweet,
She wholly in the warm suns clutches seems.
Cows seek the sheds cool shade; in sober wise,
So lazily through the langud noodtide air,
A crow flies from the high green hill that lies
Aback beyond the fiat. The heat, the glare
Chalks out the white highway that runs along
The distant upland. Not bird makes choice
To warblc even the fragment of song,
And nature would not own single voice
But for the restless brooks that, all alive
Murmur like bees content in honeyed hive.