smithclay/nortonstories huggingface dataset:
Year: 1859

1Ue OOuIftut iS hyluH w ~ oShNNSH
of the following problem:


HAS the Legislature of Territory the right prohibit
slavery by positive enactments, not, and what Ii the
real position Of Judge Douglas on this pointf'


We shall answer the first part of this ques-
ton by giving it as our opinion, that Terri
torial Legislature has the right to prohibit sla-
very by positive enactment. 1t is, however,
question of constitutional law, and not Of party
politics, and as we make no pretensious to be-
ing profound jurist, our opinion may not be
worth much This right was conceded to the
people of the Territories by the Kansas-Ne-
braska act; but we hold that this concession
was nulity, for the reason that the people
had an inherent right to legislate upon the sub
ject, and that Congress could not invest them
with right which they already possessed.


When the Kansas-Nebraska bill was under
discussion in the Senate, Judge Douglas held
that the question of slavery, as we'll as all 9TH
er domestic institutions, belonged properly to
the people of the Territories, and that they
should have the right to legislate upon the sub
iect according to their own incinations. Even
as long ago as 1885, he held to the same doc
trine. In speech delivered at Chicago, speak
ing of the compromise measures of that year,
and of the right of the people of the Terrific
ries to regulate their own domestic institutions.
he said, .These things are all conaded by the
Consti tuition to each State, to decide for ITSELF
and know of no reason why the same princi-
pie should not be confided to the Territories"
He has held to this doctrine ever since.


or course, neither Judge Douglas nor any
one else can say what the decision of the Su-
Dreme Court may be, should the question ever
come before that tribunal for adjudication.
Should that Court set aside an act of Terri
torial lie gislature, prohibiting slavery, on the
ground that it was unconstitutional, the decis-
ion would be contrary to the construction
which Douglas has always given to the Federal
compact. If such decision is ever made. it
will be the duty of eve citizen to submit to it,
until it eau be reversed. II o majority OF the
people disagreed with the Court, they would, if
they regarded the matter of sufficient impor
tance, act in concert, and in such manner as
would effect reversal Of the decision. This
could be effected by reorganization of the
Court, by changing or increasing the number
of Judges. We know of no other means by
which the people can legally and properly re-
verse an unwarrantable decision Of the highest
judicial tribunal. Whatever the decision of the
Supreme Court may be upon this question, we
believe it s admitted by all that the people Of
the Territories will practically have the subject
of slavery in their own hands, where it proper
ly belongs. A decision of the Supreme Court,
that Territorial Legislature has no power to
prohibit slavery, would impose no moral or po-
litical obligation upon the Legislature to adopt
police regulations to protect the institution;
and without such local regulations slavery can
not exist in any Territory where majority of
the people are opposed to the institution.
Year: 1859

CoLoRED.-The walker divorce suit" was
on trial yesterday afternoon in the District
Court. The parties are "cullud" persons, and
the suit was commenced by the wife on the
ground of "cruel treatment" It was proven
by number of witnesses that in domestic
fight the defendant had given the plaintiff a
"black eye." This evidence will doubtless be
sufficient to establish cruelty, though the ma
tural color of the plaintiff would suggest
doubt as to the cause of the blackuess.
Year: 1859

A NEW MAIL PRoJEcT.-Letters from Wash
ington state that plan is maturing, and will
soon be submitted to the Government, for the
transportation of the entire California mail,
newspapers as well as letters, overland. and
wholly within the limits of the United States.
The time fixed on is twenty days, the contract.
ing parties asking no excavation in case Of
failure to perform their service within that
time, and agreeing to submit to any reasonable
forfeiture for failure to keep this time.
Year: 1859

The representation under the census of 1860.
according 10 the Aryu', will be divided among
the sections in about the following proportions,
whether the aggregate number be greater or
Year: 1859

Sir: l see in your paper of Aug. 31st, a communication from Mr. Kelly at Mur- freesboro', in which he complains about the irregularity of the mails, and as your paper has been for some time past sent by this office, it maybe that he thinks the fault may lie here, and for that reason I wish to say to you that from some cause or other the TruesDemocrat for Murffeesboro' has quit coming by this office, and your paper for this office does not arrive regular, and It sometimes comes from Washington, whether it Is put in the through mail at Little Ro.k or the stage drivers fail to de- liver all the way mail do not know, but

 it goes bv some times also notice com munication from the post master at Mur- fresboro', in the south Arkansas Democrat

 in regard to the mails from there. He seems to think that the post masters are to blame;

 it may be so, all that know about it is that all the mail that comes to this office for Murfreesboro' is sent there by the first mail that goes out. That there Is delays some times, have not doubt, and that some person is to blame, am equally cer- tain, but where the fault lies do not know, l would be glad to see it ferreted out and let those who are in fault bear the blame, and the innocent not be censured. The pa- pers from Washington do not all come, and at the same time they come out for some of the offices one day and perhaps the next day for the other offices, but I do not know who is at fault about it. You can give this an insertion if you see proper to do so. w. B. STEER, P. A :.
Year: 1859

LITTLE ROCK, Nov. 15, '59.

 DEAR kEw-We have at last fairly got under weigh and have pretty good re- port to make of our success so far. We have laid our plans and carried them out quietly. We have hooked most of the new members and got them to believe there is a trightful junto here who do all sorts of horlid things. At every boarding house and hotel we have our friends who never let an opportunity pass to abuse Conway, John son, Sebastian and every man who is their friend. This persistent denunciation will have its effect. Besides that, you know that Conway seldom goes out and is not able to counteract our efforts So of John. son, as he never stoops to honeyfuggle men, it give. us a good chance to call them aristocrats, purse proud and all that sort of thing. If stranger comes he is at once introduced to some of our set If we think it will pay we give him ride and tell him that every evidence of prosperity he sees was the result of triumphs over " the family" and all want of improvements is to be attributed to them. If they ask us who compose the family we tell them John son, Conway and Sebastian, or Johnson, Conway and Hampstead, according to the sympathies of the person we address. But our trump card is calling the regular demo- crats collar men. If we want to pass a bill we tell them the True Democrat is opposed to it, though in point of fact that paper or its editor never seek to to influence legisla- ton or legislators. We tell them they dare not vote for our bill, that they are collar men and bound to vote against us The result is, that, to show their independence they vote with us and thus we are enabled to carry measures. Men hate to be accused of having masters, and we intend to work this vein fully It will go hard with us if we do not make some really believe they are governed by tyrants, little dreaming that all the while they are holding their necks to have our york put on them

 In haste, yours, etc.,

 B. VALLEY.
Year: 1859

MR. EDIToR-I see in your valuable paper communications from various coun- ties in the State, giving items of news re- garding crops, politics, etc., and thinking that you might like to hear from unpre- tending Perry, l have concluded to give you few jottings. Crops, both corn and cotton, promise a rich return for the far mer. Old settlers say they are better than they ever have been in any former period of their recollection in the State E.mi. grants hunting home in the " great vest would doubtless find 1t to their interest to visit Perry before settling elsewhere, on ac- count of cheap and fertile lands, good range for stock, good health, and good water, and an abundance of cheap corn and pork.

 Our political atmosphere is untainted by the " Hindman Old Line Democrat per diem malaria. Our citizens think the True Democrat sufficient for the wants of the democratic party in Perry I see some names suggested for Governor in your paper l beg leave to suggest Dr. L. D. Hill, true and unAinching democrat, and eminently qualified to fill the office of Governor with profit to the State and honor to himself.

 ! ours, truly, F.
Year: 1859

Patient and faithful. and tender and true,
Praying and thinking and working for you
Bearing, all silently, sorrow for years
Hopefully striving to conquer my fears;
Say, did my patience, my tenderness, truth,
Merit not more than the blight of my youth?
Give me once more my ld'energy back,
Give me the hopes that illumined life's track;
Give me the faith that wasted on you
Give me the love that squandered thereto
You cannot; too lightly you east them aside,
Andfor you and all others these feelings have died
Yet, though the hopes that cherished are dead
Though the light from my spirit forever hath fed
Though twas doubling in iod when doubted il


you,


As my standard and type of the leal and the true
Ger the wreck of my life would never repine,
If the peace have lost were but added to thine
Year: 1859

CALLING UPON A BRrDE.-rhere are q
great many kinds of different calls. There
is the ,all of ceremony and the call of friend
ship, call where you are delighted to he
told hev are not at home and the social
!" dropping in" for cosy, confident i chat
but the most peculiar of all is calling upon
bride perhaps some lovely young girl
whom YOU have known and laughed and
cEatled with, and who has declared, over
and over again, that she could never think
of getting married --never. And yet all at
once she stands before you wife, a member
of the mysterious married fraternity 7epara-
ted forever, by an invisible but impossible
barrier, from all old girlisb conferences and
condolences, and though assuming borrowed
dignity from her new position, is still on
exhibition as sort Of trophy Of the enemy,
a willing party 10 an unconditional surreu-
der Her manners, too, are entirely chang
ed her assumed Indifference and pretty
coqut tries are all gone, and she follows every
step of her lord aud master with look of
loving submission, while he, formerly so
deferential, puts on conque'ing si~ and
occasionally pats her cheek in patronSng


way that is quite amusing.
Year: 1859

CRIMINAL CoURT.-Hon. Henry Stump, Judge
Milton Whitney, Esq, States Attorney, prosecu-
ting. The following business was transacted yes
terday


After the call of the regular panel of Jurors yes
terday morning, the Clerk ordered the Warden of
the Jail to place Henry Duvall at the bar, where
upon Judge Stump spoke as follows:


''The Court here strictly charges and commands
all manner of persons to keep silence while sentence
of death is passing against the prisoner at the bar
upon pain of imprisonment.


"Henry Duvall You have been'tred and convicted
of the murder of Christian Fischer. You had a
fair and impartial trial of jury of your own
selection, who found you guilty of murder in
the first degree. The counsel who ably defend
ed you during the progress of the trial. after
the rendition of the verdict made a motion to
have your case tried over again; the Court
after patiently listening to the argument, decided
against granting you new trial. The jury who
tried your case were consttutionally the judges OF
the law and facts; and although some of your COM
rades have sworn that you were not inside the
house, vet other witnesses have solemnly testi-
fed that you the party who fired the fata
shot. The jury have discredited the testimony O
the witnesses on one side of the case, which they
have perfect right to do, and the Court cannot
say anything in regard to this part of the trial
the Court cannot say that the jury erred in render
ing the verdict which they did, and has no power
authority to set it aside. 1t behooves the Cour
now to perform that duty which, to it, is Away
a most dsagreeable one; and the Court now de
mands of you, Henry Duval, if you have anything
to say why the sentence Of the Court should not be
pronounced against you"


Prisoner.-'J have nothing more, your Honor, t
say, than that am an innocent man."
Judge.-"The Jury who tried you have founC
you guilty, and the Court has no power to set asid
the verdict the sentence of the Court therefore,
that you, Henry Duvall, be taken to Baltimore Cit
Jail, the place from whence you came and fror
thence to the place of execution, at such time a
shall be duly appointed by the Governor of tn
! State, and that You there be hanged by the nee
Year: 1859

MONTREAL, March 31.-There has been strong
westerly winds for the last two days, and the ice
is gone from above the Victoria bridge and in front
of the city, though it is fast below. The river
considerably on Tuesday but is now subsiding.
Year: 1859

PRoTEcrIoN.-Itis is stated that Senator
Hunter, of Virginia, has declared in a
speech, that if the Democratic party does
not repudiate the principle of Popular
Sovereignty, and advocate in lieu thereof
the principle of Congressional interven-
ton, the party ought to be dissolved, and
the sooner the better. r.
Year: 1859

A SINGULAR DUEL.-A novel duel took
place, says the Opelousas Courier, on the
22d ult., in the village of Vile Plate
An uncle and nephew had quarrel in a
colice-house. and after a noisy dispute,
agreed to settle the matter by going into
the field. Double barrel shot guns, at
sixty PAGES were the terms offered and
accepted, the parties TO advance and
fire.


They measured off the distance alone,
when two men coming along, one cried
out, ''stop there and see what is to hap
pen"


The nephew then took aim and fired,
both barrels going off at the same time,
but fortunately withouteffec The uncle
then advanced to fire, when the nephew
cried out. swat little did not know
had discharged both barrels" The
uncle advanced and fired, touching the
nephew on the hip. The nephew then
drew revolver and firing, made hole
in the uncle's hat, when the two men in
terfened and arrested the combat, set
tling the difficulty between the parties.
Year: 1859

Townsend Harris on Chinese Jugglery.


The N. Y. Tribune, of Jan. 18th, contains
a letter from Townsend Harris, in which the
Latter speaks thus of Chinese jugglery;


The jugglers are very clever. One of them
made two butterflies of common thin paper.
lie II hrst raised one of them up in the air by
tue %lnd OF his fan, made it fiuttsr about his
nenu' ahght ON his finger, his arm, and his
face he next set the pair in motion and II
was really wonderful to see how natural tho
action was They chased each other thro'
the air in circles sometimes horizontal and
sometimes vertical they hovered over the
water that was in q china bowl. and AT Last
aIighted on the rim of the bowl. The ton-
| Spinners would produce sensation in Nav
York


For the amusement of your children. and
especially for the amusement of the little la
dy that was so indignant at seeing nv like
ness exposed in the open air, will describe
the performance.


The exhibitor having spun top, placed it
on board where it revolved with great ra.
| pidity and steadiness ; he then took it up and
laid it on its side, where it remained with
out motion he then talked to the top, and
at the top; and, after making sundry flour
ishes with his fan, he again placed it upright
on The board, and 10 it spun away as merri.
ly as ever. Another top, when lifted up by
the spindle, made a noise exactly like YOUR
locust when held in the hard. A top was de-
clared to be female, and having let it spin
awhile, he took it up, shook it, and down fell
seven distinct tops, all of which whirled
merrily round. Another suddenly changed
into lantern, and, after whrling some time
the lampin the lantern was spontaneously
lighted. A piece of sewing thread, about
five yards long, was extended by two per-
sons; the exhibitor put top on this thread,
and it ran from one end to the other, Away
upright, and constantly revolving.


The same feat was reformed on the edge
OF sword the top ran from the hilt to the
point, and back again to the hilt l will
only describe only one more feat. In the
courtyard, where the exhibition took place.
a pole some thirty feet high was planted in
the ground from q cross bar at the top of
the pole small house was suspended llike
our martin houses) and from the door of the
house piece of twine hung down to the
ground: the exhibitor placed spinning top
on the palm of his left hand, and seized the
twine with his right; then, tossing the top
up in the air, he dexterously east a turn of
the twine around the lower spindle, and the
top instantly began to ascend the twine,
reached the door, which it forced open, en-
tered the house, and then quietly laid down
to rest In all this exhibition there was
neither trick nor deception; it was a plain
exhibition of skill.
Year: 1859

We invite the attention of our readers, and such
of Gen. Leach's admirers as may see this paper, to
the following article from the Western Sentinel:


"TuoU SHALT NOT TAKE THE NAME OF THE LORD
THY GoD IN vAIN."-We sincerely trust that the
above extract from the third commandment of the
Decaogue is written with no irreverence, but with
due regard for the high and holy character of the
Supreme being from whom it came.


1t was forcebly impressed upon our mind time
and again, during the discussion here on Thursday
of last week. Many in the audience on that occa-
sion we're doubtless painfully struck with the fire.
uuency, and with the irreverent manner in which
the terms "God," "My God" and "Great God, }"
occurred in General Leachs speech. We think
they were used in the of his remarks not less
than twenty odd times.


However much General Leach may delight in
such profanity, and however little he may regard
the decencies and proprieties of fe we would sup.
pose that policy alone would dictate that he should
pay some regard to the feelings and opinions OF 9TH
ers On the occasion referred to- there were several
Ministers of the Gospel present, but they seemed
to give no check to his continuous flow of profanity


We are not surprised at this. The General. is
desperate and therefore "swears terribly in Flan-
ders" The only excuse that can be offered for him
is that he was sworn and swore so much in the
Know Nothing lodges the habit has become with
him sort of second nature. We have no idea that
the Generals habit of swearing would be cured
by residence in Washington.
Year: 1859

lar plan for obtaining Cuba Neither Presidents,
nor members of Congress- nor Democratic journals
have the right to prescribe Democratic tests This
right has been entrusted by the Democratic people
with national conventions and national conventions
alone. 1t does not follow that man is better
Democrat because he supports, than because he op:
poses, the thirty million bill 1t is party test
No primary meeting in the State, and no convention
in the State has declared for it. proposed to make
it test. 1t would be folly, then, in us, or in any
one to attempt to make it a test of Democracy For
example, DR.. Shaw and Mr.. Scales are said to be
opposed to it, while Mr.. Branch is for it. What
then? Why, let us vote for DR.. Shaw, and Mr..
Scales, and MIR. Branch just as if no such question
existed let vote for them, whether we are for
against the measure, or whether they arc for or
against it. for the plain reason that we are all for
Cuba and determined not to fall out especially


in the face of the enemy, about the means acqu-
ring it. That is our judgment "


Next and last, as to ad ralorena taxation in North
Carolina. Some Democrats think that the best or
the only practicable mode of levying taxes is the
one now in existence; others think that this mode
ought to he set aside and the ad ralOrem plan adopt
ed. No man has right to say that Democrat who
favors ad ralorem is no Democrat, or that Demo
crat who opposes it is no Democrat. No State con-
vention has considered the question, and no party
test has, therefore, been laid down. If we were
against it, we would labor fairly to have men nom-
mated for the Legislature who were opposed to it ;
if we were for it, we would labor in the same way
to have men nominated who were for it; but, as we
valued our character as good Democrat and as we
valued harmony and continued good feeling are
acouI rote for the nominees, whether our peculiar
views on this State measure prevailed in the convcn
ton not. hat is the rule friends and the only
rule by which the Democratic party of the State
be preserved and perpetuated. We must permit
freedom of thought and of opinion, only requiring
as stated in the beginning of this article that
great principles shall neither be departed from nor
contravened and that all the members of the party
shall support such nominations as arc fairly made in
conventions and caucuscs.


Let us either discard side issues Or agree to disa-
gree in relation to them. Standing squarely and
fairly on our PLATFORM and adhering to strict con-
strucion of the Constitution, let us present un-
divided front to the common enemy.
Year: 1859

REFRESHING RAiSs.-During the latter part of
last week a large portion of our State was visited
with refreshing rains. The rain extended from
Charlotte to Beaufort. The corn, cotton, and oat
crops are giving promise of a good yield. The
wheat, the greater part of which has been harvest
ed, is said to be generally of good quality, while
the crop is larger than that of any previons year.