smithclay/nortonstories huggingface dataset:
Year: 1861

sumption arises, although the occuDatiou had been
by different persons, and no privity could by any
means be traced between the suceersive tenants
much less is it requisite to establish seh bv
deed That the true principle ia, that without ref
erence to the manner IN which the respective pos
SCISSORS are connected succeed each other II thaV
are continued and connected in fact without snv
hiatus for 20 years. each claiming the ownership in
connection with his possession without regard to
the source from which each claims to have derived
his title, the presumption viii attach itself And it
follows from this and the authorities cited that
to create the presumption, it is not necessary that
the possession either in its origin in its contnu
ance should be accompanied by deeds or otler
writings, and they only material to extend the
boundary where construction possession Is claim
ed beyond the actual occupation.


~ VIII be seen from the view we take Of the case,
tnat tne charge of the Circuit Judge contains serons
srror TO the eudice Of both parties for which the
Judgment must be reversed


In tne consideration Of this cause we have deemed
II proper 10 regard as before US the will and
coelen OF constant Perkins, though the same were
rejected as evidence, and we think properly BY
tne circuit Judge; because we are satisfied
oI tnelr existence and upon another trial copy
may De 50 authenticated to be free of all Obiec-
ton, and because It Is manifest the testimony they
furnish IS, to say the least of IT, as nortant 10 the
defendants who had them rejected AZ Ia the pIaip-
tlfs at whose instance they came before US BY bill
OF exception 1t Is enough now to saw that when
the authority of Harris and Totten VS. Anderson
Hum. 779, the fact that the clerks certificate ex
tends only TO copy Of the will and eodei and not
Of the probate, is fatal There may be other valid
objections but they all be remedied and we nOed
not point them out. Nor have we, for the same and
other reasons, deemed it worth while to consider
the various objections, as well by the plaintiffs as
the defendants to the admission Of deeds and other
documentary testimony during the progress OF the
trial. The law which governs the admission Of
such evidence is plain and well settled, and upon
another trial the needful title papers may be fully
perfected well by the one side as the other, and
the defendants may be enabled to show how far
they have acquired any Of the shares Of the devil
sees of Constant Perkins IN the land in question.
We do not Of course, eonclusivey adjudge this mat
ter the one way or the other. But we may remark
thaat the deragnment Of title to many Of the shares
as claimed by the defendants is very defective.


Judgment reversed and cause remanded.


WRIGHT.


Acorrect copy: J. P. CLARK, Clerk
Year: 1861

THE SrATroS House of the harbor pol cs
has been abolished and all the effects OF the
office have been removed to police boat No. l.
which will hereafter be the headquarters and
lodging place of the entire force. The boat
will be mOored at eight o'clock, A. NJ, at noon,
and at six o'clock, r. NJ, at the dock of the
revenue barge office. Messages will be sent
from the boat to the nearest station house, and
thence transmitted by telegraph to the office
on LIN street.
Year: 1861

DOUGLAS AND JOHNSON PLATFORM.


Resolved, That we, the Democracy of the
Union, in Convention assembled, hereby de.
clare our atfirmance of the resolutions unani.
mousy adopted and declared as platform of
principles by the Democratic Convention at
Cincinnati, in the year 1885, believing that
Democratic principles are Interchangeable in
their nature, when applied to the same subject
matter; and we recommend as the only further
resolutions the following:


Resolced, That it is the duty of the United
States to afford ample and complete protection
to all its citizens, whether at home or abroad,
and whether native or foreign.


ResOlred, That one of the necessities of the
age, in a military, commercial, and postal
point of view, is speedy communication be-
tween the Atlantic and Pacific States and
the Democratic party pledge such constitution
al government aid as will insure the construc-
ton of railroad to the Pacific coast at the
earliest practicable period.


ResolDed, That the Democratic party are in
favor of the acquisition of the island Of Cuba,
on such terms as shall be honorable TO our.
selves and just to Spain.


ReSolred, That the enactment Of State Leg
islatures to defeat the faithful execution of the
fugitive slave law are hostile in character, sub
versive of the Constitution, and revolutionary
in their effect.


Resolred, That in accordance with the in
depreciation of the Cincinnati platform, that
during the existence of the Territorial Govern
ments, the measure of restriction, whatever it
may be, imposed by the Federal Constitution
on the power of the Territorial Legislature
over the subject of the domestic relations, as
the same has been, or shall hereafter be, finally
determined by the Supreme Court of the Uni
ted States, should be respected by all good
citizens, and enforced with promptness and
fidelity by every branch Of the General Gov
Crnment
Year: 1861

How THE ZoUAvEs SToRMED THE MALAKoFF.-
The Zouaves have now become household
word, yet but few persons who read with so much
interest the siege of Sebastopol, are aware that
it was largely owing to the French Zouaves that
the Malakoff was taken. Capt. George B. Nc
Clellan, L. S. A, who was sent out by our gov
ernmeut TO examine into the different modes of
warfare, thus describes the ingenious device
adopted to capture that fortress, after lombard
ment Of many months. In their admirable ar
rangement for the attack of the Malakof, the
French counted on two things for their success
first, they had ascertain ed that the Russians
in the habit of relieving the guard OF the MaIakoff
at noon, and that great part OF the old guard
marched out before the new ones arrived, in or
der 10 avoid the loss that would arise from
crowding the work With men (; 10 the second
place it was determined to keep up most vio-
lent vertical fire until the very moment of the
assault, thus driving the Russians into the bomb
proofs, and enabling the storming party to enter
the work with little opposition The hour of
noon was therefore selected for an assault and
the strong columns of the Zouaves intended for
the work were at an early hour assembled in the
advance trenches, all in admirable order, and
furnished with precise instructions. The mortsrs
maintained an unremitting fire until the moment
appointed. The very instant the last volley was
discharged the storming party of Zouaves rush
ing over the thirty PAGES before them, were in
the work before the astonisbed Russians knew
what bad happened. 1t was stated that this party
lost but eleven men in entering the work. Other
troops advanced rapidly to the support Of the
storming party bridge was formed by rolling
up five ladders with planks dashed to them,
communication was at once commenced between
the advanced trench and the bridge, brigade after
brigade over, and the redoubt was at once occu-
pied by the stormiug party, and thus the Mala-
kof, and with it Sebastopol, was won.


The few Russians remaining in the work, made
desperate resistance. Many gallant Attempts
were made by the Russian columns TO ascend the
steep slope in the rear and regain the lost work
but the road was narrow, difficult and obstruct-
ed the position strong, and the French in force
All their furious efforts were in vain, and the
Malakotf remained in the possession Of those who
had so gallantly and skillfully won it. With re-
gard to the Gnal retreat to the north side, ii
only be said that personal examination of the
locality, merely confirms its necessity, and the
impression so generally entertained that it was
the finest operation of the war so admirably
was it carried out that not straggler remained
behind. few men SO severely wounded as TO
be unfit for rough aud hurried transportation
were the sole ghastly human trophies that re-
NAMED to the allies.
Year: 1861

TIE election on the 4th settled the hash of the
secession element in California, and proclaimed
to the Atlantic side OF the continent that the
whole Pacific coast is true as steel to the Govern
ment, and in such overwhelming numbers, that
disloyalty will never gain foothold, and treason
will keep u the dark corners.


Our ticket in the State, and partly 10 the eoun-
ty, has been beaten, but we have no lament to
utter. SO long as Union men hold the sway. We
know that our men are as good and loyal as those
elected, and are devoted to the maintenance Of
the GOVernment.-But Record
Year: 1861

FUNNY CUss.-The editor of the Fayette
County Oll) Democrat is some on q goak"-
Artemus Ward is not far ahead of him. Thus
he speaks on a proposition by bis Republican
brother that be be continently hanged upon a
tree as traitor without the benefit of clergy


/" TO BE, OR NOT To BE" HUNG.


The Observer recommends the forming of vi
gilance committee to hang traitors, and stigma
tzes us as being traitors. We enter our solemn
protest against being treated in this unchristan
manner. When we " Subtitle of this mortal coil ;"
we don't coil of hemp rope around our neck
ltsvery inconvenient, to say the least it "But,
to return 10 our subject"


"We would not die in Spring time"


No, no! Not when the flowers are blooming
and bursting their tender petals to the sun, and
the sweet forest warblers greet the dawning day
with the rustic song and cheering lay, and when
the fishes bite so beautiful aud all nature looks
70 gay. and when we have just cast new roller
10y the way, don't the inside of our paper look
better this week than usual y and j ust ordered a
lot of new type-DIE NOW and leave all these,
be hung upon tree


For little boys to ieer at


And the noisy rabble in the street TO at"
Gratis, but they can't be raised on trees!


The editor of the Observer never liked US we
have been in his way to some extent, and now
he wants to get revenge. Thars what's the
matter" He wants to have us killed so be can
get to publish the tax-list Oh you scamp! you
carniverous cuss ! You ought to be ashamed of
yourself!
Year: 1861

The mind bts,o freely yesterday and dust
few in every direction, An exposed location
would invite enough OF the IIorean element 10
upset the integrity OF an army OF criuo inc -
March is manifest ting itself in n lively m4n-
ner. Ice formed on Tuesday night, bat not to
any great degree OF thickness. The youth who
attends to the hostins of the Nag OF Virginia


located over the Mechanics Institute had his
hat stolen from him yesterday by the wind,
which carried il much nearer Heaven than
many of Us expect to get ia our pres sent shape
Year: 1861

SouTHBRN HEADQUARERs NOT TO BE- REMOVED


The Montgomery CORES pondent Of the Charleston
Courier writes May llth: The principal runner
upon the streets to-day here is that Congress de-
clded In secret session not TO remove the seat of
the Provisional Government from this locality


The report has been confirmed in a very relia bic
quarter. In my hearing, and almost feel positive
In asserting that the question has been decide ed
against virginia, Notwithstanding the vigorous
efforts that have been made TO push into Rich
mona with all haste. This action by the Congress
deals a fearful blow to the hopes of Virgi6iaps
here, some Of whom, know, advocated the mea-
sure with great vehemence, simply because it
would conc1late the disaffected population Of
the Old Dominion, and would teId to draw the
border states into closer alliance with us. The
opposition to removing, however, were the most
terrified set OF mortals you ever saw until their
strength had been measured in a test vote ypster
day. They saw nothing in the project but an ad-
vance towards reconstruction; and seriously, I do
not know If there was some foundation for fears
OF this kind However, for the present, they arc
Quieted.
Year: 1861

=. IL The rumored removal Of the remains of
washington from the tomb at Mount Vernon has
not vet been confirmed. The officers Of the Mount
Vernon Association at Washing ton have received
no definite information on the subject
Year: 1861

In large, lonely house. situated in the south
of England, there once lived lady and her two
maid servants They were far away FROM all
human habitations, but they seemed to have felt
no fear but to have dwet there peacefully and
happily. 1t was the lady's custom, with her
maids, to go round the house every evening to
see if all the windows and doors were properly
secured One night she had accompanied them
as usual, and found that all was safe. They left
her in the passage close to her room, aud then
went to their own, which was quite at the outside
of the house. As the lady opened the door she
distinctly saw aman under the bed what could
she do? Her servants were far away, and could
not hear her if she screamed for help, and even
| if they had come to her assistance, those three
weak women were no match for q desperate
| house. breaker. She closed the door, and locked
it on the inside, which she always in the habit
of doing. She then leisurely brushed her hair,
aud putting on her dressing gown, she took her
! Bible and sat down to read She read aloud, aud
chose chapter that had peculiar reference to
Gods watchluness over us, and constant care OF
us by night and by day. When it was finished,
she knelt and prayed at great length, stu utter
ing her words aloud, especially commanding her
self aud servants TO Gods protection, aud dwell
ing upon their utter helplessness and dependence
upon Him TO preserve them trom all danger Az
last she rose from her knees, put out her candle,
and laid down in bed but did not sleep. After
few minutes had elapsed, she was conscious
that the man was standing by her bedside. lie
begged of her not to be alarmed.


6 came here to rob YOU but after the words
you have read, and The prayers you have uttered
no power on earth could induce me to hurt you,
or touch a thing in your house. But you must
remain perfectly quiet and not Interfere wlti
me. | shall now give signal to my companions,
which they will understand, and then we Will go
away and you may sleep in peace, for give you
my solemn word no one shall harm you, and the
smallest thing belonging to you shall not be dis,
turbed." He then went to the window, opened
it, and whistled softly Returning to the lady,s
side, who had not spoken or moved, he sald'
Now am going. Your prayer has been heard
and no disaster will befall YOU He left tbs
room, and soon all was quiet, and the lady tell


asleep, still upheld by that calm aud beautiful


faith and trust London Packet
Year: 1861

PREDICTIONS FOR lS6i-The year 1861 will be
a very eventfu one-to every maiden who gets
married. Throughout the whole course of the
year, whenever the moon wanes the nights will
grow dark. Whoever is in love this year will
think his mistress an angel. Whoever gets mar
ried will find out whether it be true. He that
loses his hair this year will go bald. lie that
loses his wife will become a widower. If Young
lady should happen to blush, she will look red in
the face if she dreams of young man three
nights in succession, it will be a sign of some
thing if she dreams of him four times, or have
the tooth ache, it is ten to one that she is long
time out of her head
Year: 1861

CoMFoRT ron ON FOLKS" Old' is u special


term of endearmont, often applied where not q
breath OF antiquity warrants its use How apt


we are to call our best friend, though he may be
/ growing his first moustaehe, " old tellowV If


YOU stop over night at the log house of one of


our western pioneers, you shall hear nothing of


his wife, but a great deal of the peculiar merits


of his " old woman The martial Mr.. Bagshot,


was a model of marital tenderness, ana yet no


had no more loving appeation Tor the notable


Mrs u. than that famous one OF " the ola girl'
And Bishop Earle says =" good old man IL
the best antiquity, one which we may win least
vanity admire one whom time hath been thus
long working, and, like winter fruit, ripened
when Others are shaken down. lie hath taken
out as many lessons Of the world as days, and
learned the best thing ia 1.-THE vanity OF 1t. lle
looks over his former life as u danger well past


and would not hazard himself to begin again.
The next door of death sads him not but no eX-
poets it calmly as his turn in nature, and fears
more his recOling back to chlldishness than dust.
All men look on him as common father, aud on
old age for his sake, as reverent thing. lie
prac tioes his experience on youth without harsh
ness or reproOf, aud in his counsel is good COM
pany. Ho has some old stories still of his own
seeing to confirm what he says and makes them
better n the telling yet Is not troublesome, nei-
ther, with the same tale again, but remembers,
with them how oft he has told them. lie is not
apt to put the boy on younger man, nor the
fool on a boy but can distinguish gravity from
sour look and the less testy he Is, the more re-
garded You must pardon him II he likes his
own times better than these, because those things
are follies to him now that were wisdom them
Year: 1861

TUE sugar maple is cultivated with great care
in the State Of New York and In upper fennsyl /
yania, on account Of the sugar it yields. In s5S
the State of New York manufactured twenty four
thousand tons OF maple sugar.
Year: 1861

are found therein or is the soldier, when his
march has destroyed their means of Subsis
tence, to allow them to starve because Le has
driven OFF the rebel masterl Now shall the
commander of u regiment or battalion sit n
Judgment upon tho question, whether any
given black man has fled from his master, or
his masten fed from himi Indeed, how are
the free born to be distinguished! Is one
any more or less a fugitive slave because he
has labored upon the fc6el eutienchments!-
If he has so laborcd, if un'o stand it, he is
to be harbored. BY the reception Of which
are the rebels TO be distressed, by taking
those who have wrought all their rebel mas
ters desired, masked their battery, or those
who have refused TO labor and left the battery
unmasked.


81 have very decided opinions upon the
subject Of this order It does not become me
to ciiticisc it, and write in no spirit Of crit
sisrn, but simply to explain the full Difficult
ties that surround the enforcing it. If the
enforcement Of that order becomes the policy
of the Government, l, IS soldier shall Be
bound to enforce it steadfasty, if not cheer
fully. But if left to my own discretion, as
you may have gathered from my reasoning, |
should tako widely different course from
that which il indicates.


ain loyal State would put down ser
vile insurrection. In state of rebellion, |
would confscate that which is used TO oppose
my arms,and take all that property which
constituted tie wealth Of that State and
furnished the means by cause Of the war is
prosecuted, besides being the cause Of the war /;
and il, in so doing, it should be objected that
human hcings were brought to the free en-
joyment Of life, liberty, and the pursuit of
happiness, such objection might net require
much consideration


"Pardon me for addressing the Secretary
of War directly upon this question, as it in,
wolves some political considerations az well as
property Of military action.


Il am, Sir, your obediens servent,


BEYJAMIN +. BUTLER.'
Year: 1861

1t is said by gentlemen from the South that
the Secession army are suffering from want of
food, and are not able to get it in consequence
of the embargo 1t is said that all in the South
feel that it will be impossible, under present cir
cumsances, successfully to contend with the
Union Army from the North 1t is said that
President Davis himself has been heard to make
these admissions
Year: 1861

The western passenger train on the Baltimore
and Ohio railroad was fired upon few days
ago by the U. S. picket guard, about a mile
beyond the Relay House. The train was several
hours behind time, and it had been rumored that
the train was coming with rebel troops Hence
the guards fired. They came near killing some
Of the passengers Several balls passed through
the cars.
Year: 1861

Our contemporary on Second street seems to
be in great distress for the want Of a party.
King Richard cried in his extremity, "a
horsel A horsel my Kingdom for horse !!
But the burden of the Expresss agony is-
"a party A party our kingdom for a par
ty" But marry" horse did Richard get
and mary" party can be scared up by the
Express


In vain you look around for it. You say
to men whom you meet 1--WE want TO organ
ize a peace party" "Why, what is the use
of peace party" they reply, "when nobody
is. for war p That's Il stumper, you see.


If you find anybody who thinks there is
any sense in organizing peace party, he
says to you, "Why, I'm in favor of peace
party, but then don't think the proper men
to organize such party are those who were
the movers in the breaking up Of the Demo-
cratic National Convention at Charleston, and
upholders of the action of South Carolina in
recipilating the cotton States into Revolu-
ton These are not exactly the men TO lead
in measures which look to calm action and
justice aud peace Neither is il apparent
that those are the Union men, par excellence
who sympathizc with disunion movements.


Such are the difficulties in the way. And
furthermore, the answer is made, that the
leaders in the proposed organization are mel
who favor Pacific Republic, in case Of {
permanent division between the North anC
South The masses do not want Pacific
Republic. They are satisfied to remain un
der the flag of the Federal Union. Under the
broad shield of the Government at Washing
ton, they can shelter in security, but they
know not what might happen to them under
the nmsy shadow of some new and tastard
banner. The mines are now free and oper
to all the country. They do not desire to see
them leased out or sold by some experiments
government in order to raise revenue for it!
support; vast mineral tracts leased or solo
to the favored few in order that the many
may miscrably cringe TO them for the poor
privilege of their daily labor and their daily





now safe from foreign invasion, because Of
the flag which waves along its line, uhpro-
tected though it be by fleets or forts or
armies and they do not wish TO see the foot
of invasion indent cur shores or its devasta
ting nand sweep down our cities and desc
late our homes.


Japhet in search Of his father was nothing
to this search of the Breckinridge Committee
and their organ for n party. Anything for
a partyl They will take Crittenden men,
Bel and Everett men, Douglas men, and any
sort of men that viii join them, they are not
particular. All they want isa party. "Oh'
oh for party" is the burden of their song
by day and the dream of their imognation-
by night Their distress is actually becom-
ing matter for public commseration. Won't
somebody get upa war party iust to give
them chance2
Year: 1861

PRoE CoLLIEn.--This powerful Psycholo-
gist and Magnetizer, who has entertained
our citizens for several nights past leaves us
to-day for Oroyile. We commend him TO
the citizens of that place. and assure them
that they will have no cause 10 regret the
expenditure Of time and money necessary to
witness his wonderful experiments. We
advise everybody to go and see him, if it is
only for the "fun of the thing" as the amuse'
ment afforded is alone worth more than
double the price of admission, We wish
him scces9 wherever he goes.
Year: 1861

A CORRESPONDENT of the Nashville Union
and American Indignantly denies that jeff
Davis threatened in his speech en- route fol
Montgomery, to carry fire and sword into the
Northern States Davis said that if North
ern troops invaded the South and wasted the
fields the soil would next year be as fruitful
as ever But if the Southern troops invaded
the North and destroyed the cities. it would
take n great while to rebuild them And
the illustrious President of the confederates
argued that the North must therefore be the
greater sufferer in a sectional war.