smithclay/nortonstories huggingface dataset:
Year: 1865




1t is possible, that had the owners Of both
dogs been present the bellg gcreuts would have
been charged. and the familiar questions
growing out of Sol. d5srAt and ptoiin.r
manu-, tnposuu wonld have been presented
but no such questions are made here.


The defense Is not rested upon the princip
a. Of sel-deiense, or defense OF the possession
of the master OF the victorious dog. Had
this defense been interpUsei, serious and
uoval question would have arisen as to the
liability of the offending dog for excess Of
force, and whether he would be held TO the
same rules which are applied 10 human be
incs in ike ones offending whether he would
be held strictly to the proof of the necessity
and reas0nabieness of all the force eXerted.
under the plea that III defense OF his carcase
or the premises committed to his watch and
care, ''hc did necessarily little bite, scratch,
wound tear devour and kill the plaintiffs 5
dog doing no unnecessary damage - the
body OF hide of the said dog


Passing bv certain minor parts Of the case
not worth our specifying, Mr., Justice Allen
ia IS directs his attention TO the important
points involved and set forth by US in our
statement.


l. If owners of dogs, whether valuable or
not, suffer them to visit Others, of their species
particularly if they 90 uninvited, they must
be content to have them to put up with dog
fare, and that their reception and treatment
shall be hospitable or inhospitable. according
to the nature or particular mood and temper,
at the time. of til. dog visited. The courtes-
les and hospitaIities Of the dog life cannot
well be regulated by the Judicial tribunals Of
the land.


. The evidence is slight that the dog
died in consequence of the fight l should
infer from the evidence, that he continued
his annoying visitations until some one who
did not own white dog with black spots on
his head made use of a shotgun or ''SharP's
rifle" or some other substitute, TO abate
the nuisance.-But as this question is left in
doubt by the evidence. the judgment of the
justice is conclusive rs to the cause of death.
| can, however, see no just ground for the
Judgment. 1t can only be supported upon
the broad ground that when two dogs fight
and one is killed, the owner can have salts
faction for his loss from the owner of the
victorious dog and | know of no such rule.
The owner of the dead dog would, l think,
be very clearly entitled to the skin, although
some, less liberal. would be disposed to award
it as trophy to the victor, and this rule would
ordinarily be a full equivalent for the loss
and with that, unless the evidence differ
materially from that in this case, he should
be content.


Judgment reversed-L.gat h,teliyencer.
Year: 1865

To cultivate rice the ground
lated as 10 be subject to over
n length of time E; and then at
s OF the growing crop to be
II. Most Of the strip of coun-


lines ard those of the enemy
culture and is. therefore. sur
Year: 1865

the road A heavy line of skirmishets we
| then sent ahead and we followed close up


marching by the right flank. We showed in
to the swamp about 40 rods where the M nd
and water was up to our - or about Zee
deep and gradually growing deeper. Word
| was here received from the skirmish hers that


the enemy was in line Of battle in our imme
diate front with both infantry and artillery


At this we halted. 1t was awful dark in this


dense thicket and the ducks and frogs were


dreadtully scared and kept up a most hideous


noise. Again the sl,irmishers report the enc


my advancing OH us. The order " about face
and march back to the edge of the water
was then given, and back we marched. Just
as we started back the rebel pickets gave US
few parting shots and thus ended the grand
ruse de gucrre. We marched into the swamp,
got beautifully wet, and then marched back
again.


Dec. 20.-Since the 10Th several other pro-
iects have been suggested and to night an
other effort is to be made. Every man is to
be provided with pine torch and a locofoco
match. What these torches are intended for
has not vet been explained. The men have
it, that we are to go !" star fishing in the
swamp 1t is understood that the whole line
is to make simultaneous charge on the rebel
works.


Dec. 2l.-For some reason not yet explain
ed the charge last night was not made. Gen.
Davis visited the whole line of the swamp in
front of his corps and doubles concluded
it was not such a place as he was willing to
force his men into, and therefore did not give
the order to make the charge.


All dav Yesterday the enemy was particu-
larlv lavish in the waste of their ammunition.
Their artillery kept up a constant fire at our
pickets and skirmishers. Every body re-
marked that there was an unusual amount of
shclling all along the lines, and the question
was frequently asked what can the John
news mean ?" This morning, however, ex-
planned it all As soon "a day dawned it was
ascertained that they had evacuated their
works. Our pickets Immediately moved
across the swamp and occupied the deserted
forts. All the artillery was left in the forts.
Some of it spiked but most of it III perfectly
servcesable order. \ great deal Of ammunl-
much more was left uninjured. Everything
had the appearance of a hasty evacuation.
They left some l6 pieces Of artillery in front
of our division alone ranging III caliber from
six to sixtv-four FOUNDERS.


Immediately after breakfast our brigade
moved across the pond into the rebel works
in our front As soon as We arrived Oh this
side We learned that Savannah had also been
evacuate during the night. This news WAS
received with enthusiastic cheers By the troops
as column after column came streaming
across.


1t may be well here TO explain the real
cause and character Of the swamp which has
up to TO-DAY divided our lines. The main
products OF the country around Savannah are
rice. cotton and sugar cane. Rice generally
Year: 1865

MOLINE IMrRovEMENrs.-Mr. Gilbert 3.
Shaw is erecting an edition TO his wooden
factory, in which he intends to put two
spinning jacks. The business Of the estab-
lishmcnt is to be increased by the addition
OF Looms, jacks, carding machines and other
machinery to the amount Of five or six
thousand dollars. Two new broad looms
have already arrived, and as soon as the
new building is read foI the jack, they will
be put up M the main building. The whole
community is interested in this enterprise.
Moline Republican.
Year: 1865

CRops-The farmers Of Rock Island
county are al busily thrashng out their
grain. The yield is fair. Prospects for q
good corn crop arc flattering We have
received notice from Hardin county cor
that this years harvest has
been the latest known in that section for
the last decade. The grain is mostly in
stack. Welding tolerably
Year: 1865

AcciDENr.-On her late downward trip
the steamer Highlander bursted her steam
pipe and was compelled to lay to. The
large number OF soldiers who took passage
on her from this place, were transferred to
the steamer "Davcnport' The Highlan-
der will be detained from the trade but n
very short time
Year: 1865

President Johnson has issued his proclamation
defining the terms upon which the Government OF
the State of North Carolina is to he reorganizcd.
lie has -inted Mr. w. w Holden Provisional
Governor, and he has prescribed the qualifications
ofelectors to the re- organizing convention. Those
qualifications are loyalty and complexion. The
votcrs under the old State Constitution who take
the oath provided are. politically speaking, to be
considered the people Of the State.


This act of the National Government very prop
erly and completely recognizes the ;act that there
is At present no political authority in the State of
North Carolina but that which the Government by
prescribing qualifications chooses TO acknowledge.
The loyal white citizens o. the State are admitted
to vote not because the State authorizes them. but
because the United States permits them. The
United States intervenes and requires a condition
unknown to the State. And the same power had
tie same right to require any other condition.
The question was how far the Government should
intervene, what conditions it should demand.


The President evidently wishes to act in the
spirit of our system, which has allowed States to
settle the question of suffrage. IL is perfectly
true that the Constitution of the United States
suffers the people of the various States to deter
mine who shall be votersl But it seems to US that
the President hardly remembers that h. is now de-
Gliding the vital point, namely, who are to be con
sldcred the people of the Statel He expressly ex-
ccptS some who are so considered by the late
5 ate Constitution. He has the same right to in
clude others. And ne would certainly not have
violated the spirit of the National the late State
Constitution, if he had remembered that the whole
number of freemen was the true basis of represen-
tation, and had therefore ordered an enrolment OF
all the adult male population as the constitutional
people of the State.


The precedent of this proclamation will doubt.
less be followed in Georgia and other States. The
question will then reappear in Congress when the
representatives and senators elected by State so
reorgaEized shall claim their seats Whether
Congress will recognize republican in the sense
OF the Constitution a government founded upon a
small minority of the adult population. We may be
permitted to DOUBT. We confess that we should
be better pleased with the plan by which North
Carolina is to be reorganzed, if it did not receive
such unqualified commendation from those who
have most savagely denounced President Johnson.
and wto have had very ill-disguised sympathy
with the nsurrection Of State Sovereignty against
the union.-Harper's Weekly.
Year: 1865

at is difficult" says Bancroft, ''for
pride to put its ear to the ground and
listen to the teaching of a lowly human
ity." The opulent and the educated
have but little idea of the great mental
achievements of the children of toll, and
the labors of those who have had to rely
upon their own exertion and diligence
for all that they have done. Genius is
universal, and there are no barriers
fencing in one section of humanity from
perceptions and intellectual enioyments
peculiar to another section. There are
so many instances of genius in humble
life recorded upon the historic page, that
the lowly laborer may read, and thereby
be melted to emulate the examples OF
those who, from humble beginnings and
obscure origin, rose to distinction and
eminence. Many of the finest ancient
poets were from the ranks Of labor and
the poor; and some, not merely from
the ranks of seryitude, but of slavery
thus precluding the idea of divorcing
literature from labor. Z Efforts have been
made to divorce them, by endeavoring
to render labor disreputable. The farm
er's boy sighs for the time when he may
leave the plow, and the mechanic SOL
the drudgery of his fathers workshop,
and betake himself to employments
which, by reason of false and senseless
pride, they esteem more respectable.


A writer has truly said "Mind, in-
deed, rules all the hand could not do
without the mind, but neither could the
mind without the hand; mind gives the
conception and the plan, but the hand
gives to the mind execution and dura-
bility; in fact, in our true sense, men
could be neither devoted to literature or
labor without these in combination.
How is it that, in the course of these
latter ages, these two have diminished
their respect for each other? The head
has said to the hand, 4 have no need of
thee, and the hand has said to the head,
Il have no need of thee How is it
that these two, who ought to be indisso-
luble friends, have been thus disunited
1t is too true that the world has an idea
in its crotchety head that work is dis
graceful; that spades, plows and ham,
mers are dishonorable things that it is
inelegant to plead guilty to the crime
of soiled hands; but man, in order to
be a true man, must be cured of this
insanity, and be convinced that it is
more dishonorable to skulk through the
world without working, relying upon his
wits, which latter often fails one in the
hour and at the time when most needed.
Mental labor may combine nobly with
manly labor, and, in illustration of this,
it is noticeable that there have been
many men confined to the loom, to the
fail, the hammer and the shoemaker's
bench, whose intellectual attainments
have amazed the world, and who, from
the various departments they have so
worthily filled, have added to the stores
and treasures of their country's genius
and intellectual worth"
Year: 1865

Do IT WITH Thy MlGHr Fortune, success,
fame, position, are never gained but by pious-
ly, determinedly, bravcy sticking, growing,
living to thing until it is fairly accomplish
ed. In short, you must carry a thing through,
if you want to be anybody or anything. No
matter if it does cost you the pleasure the So
ciety the thousand pearly qualifications of
life. No matter for these. Stick to the thing
and carry it through. Believe you were made
for the better, and that no one else can do it.


Put forth your whole energies. Stir, wake,
electrify yourself, and go forth to the task
Only once learn to carry thing through in
all its completeness and proportion, and you
will become hero You will think better of
yourself-others will think better of YOU. Of
course they will. The world, in its very heart
admres the stern, determined doer 1t sees
in him its best sight, its brightest object, its
richest treasure. Drive right along, then, in
whatever you undertake. Consider yourself
sufficient for the deed. You'll be successful


never fear. ..... ... = ..
Year: 1865

(which heihas perished, They will, as they
follow his hearse, swear a new hatredto that
slavery against which he warred, and which in
vanquishing him has made him o martyr and
conqueror y swear, you by the memory of
this martyr to hate slavery with an unabatable
hatred and TO pursue it. They will admire the
frmness Of this man in justice. his ihfexible
conscience for the right, his gentleness and
moderation Of spirit, which not all the hate Of
party could turn to bitterness. And swear
you to his Justice and to his moderation and
to his mercy How can | speak to that twi-
light million to whom his name was .as the
name of an angel Of God, and whom God
sent before them tolead them out the house
of bondage, OfThou Shepherd Of Israel, that
didst comfort Thy people of old, Ito Thy care
we commit these helpless and long wronged
'apd,griesede And new the fnaftyr ris|fnoying
Id triumphant march mightier than one alive.
The nation rises up at every stage Of his COM
ing; cities and States are as pall-bearers, and
the cannon beats the hours in solemn progress
sion; dead, dead, dead, he yet speaketh. Is
Washington dead? ? is Hampden dead Is
David dead :? Is any man, that ever was fit
to live, dead? Disseminated from the flesh
ind risen to the unobstructed sphere where
passion never comes, he begins his illimitable
work. His life is now grated upon the in
finite, and will be fruitful az no earthly life
can be. Pass on. -Four years ago, oh Hi
nois, we took from your midst an untricd man
from among the people. Behold we return
him to you mighty conqueror, not thine any
more, but the nation 's-not ours, but the
worlds. Give him place, on ye prairies in
the midst of this great continent his dust
shall rest a sacred treasure to myriads who
shall pilgrim to that shrine to kinde anew
their zeal and patriotism. Ye winds that
move over the mighty space of the West, chant
his requiem! Ie people, behold the martyr
whose blood, as so many articulatc words,
pleads for fidelity, for law, for liberty!
Year: 1865




Generation after generation" says fine
writer, shave felt as we now feel, and their
lives were active as our own. They passed
like avapor while nature wore the same as
pect Of beauty as when her Creator comman-
ded her to be, The world will have the same
attractions for our offspring yet unborn, that
she had once for us as children. Yet little
while and.all will have happened The throb-
bing heart will be stihed, and we shall be at
rest. q Our funeral will find its way, and pray
ers will be said, and then we shall be left
alone in silence and darkness for the worms.
And it may bo for short time we shall be
spoken Of, but the things of life will creepin,
and our names will soon be forgotten. Days
will continue to move on, and laughter and
song will be heard in the room in which we
died. and the eyes that mourncd for us will
be dried, and gliscn again with JOY, and even
our children will cease to think of us, and
will not remember to LISP. our names .....
Year: 1865

PETRoLEuM-Somee excitement has been
occasioned lately by the discovery of a sub
stance exuding from the ground and floating
on the surface Of certain springs in tue vlcln-
ity of Piety Hill. in this county. 1t is
claimed that the geological formation OF the
country in that section is the same as the oil
region of Humboldt county, in this State
From the fact that coal has been found IN
the immediate vicinity Of these springs, and
the peculiar smell of the oily substance
found ON their surface, it is believed we have
oil here at home. Several claims have been
located already. We have seen bottle OF
this mixture taken from spring on ranch
owned by Mr. Peck which looks like coal oil
and certainly smells precisely like it. Mr..
Peck has senI it below for analysis. and we
shall soon be able to give the result. 1t is
said on good authority that two Germans
named Rooster, living near Piety Hill, have
for two years burned oil skinned from II
spring, the location Of which they atone
know
Year: 1865

A LIVELY DAY IN CARsoN.-The Appeal
gives the following account of a series of dis
turbances in that burg:


There was fight in the very air yester
day. Early in the morning. two citizens,
who. by request we will designate as John
Doe and Richard Roe, got at fisticuffs,. and
one came out with three or four scratches
with a iackknife' and the other with bung
ed eve and badly battered head. This
fight was the result of too much bad whisky
and the workings Of that green eyed monster,
iealousy-so we are told by popular rumor.
During several hours " Smithy' and Squires
wrangled and dared one another to fight
In consequence If their quarreing Noble
was shot and will probably lose his life
After having been the cause Of Mobiles
wounding Squires went to the Theatre Sa-
loon and got into muss with soldier who.
we are told, is no less an illustrious person
than Dublin Tricks" Squires picked up
the wrong customer when be mounted Dub
lin. for that belligerent Milesan suddenly
pulled out his pistol, and pointing it at his
opponents belly. was about to pull the trg
ger when Mike Purcell jumped in and caught
the weapon which weat off. just grazing his
hand. A grand rush ensued, the Sheriff
started in to arrest Squires, the latter re-

sisted and was knocked down and dragged
off to Jail. This excitement had hardly sub
sided when big Yahoo from Walkers
River began ycntilating his secesh senti-
ments by damning the American flag and
swearing that over where he lived they didn {
allow anybody to say anything against jeff
Davis. This indicate course of procedure
secured Iahoo series of kicks and cuffs
from sundry patriotic spectators, much to
his surprise and indignation. Getting away
from his castigat RS, he ventured to assert,
within the hearing of that sturdy Union
ist and popular stage driver. Joe Kim
vile, that no friend of that flag dared to
tackle him singly, whereupon Joe went IN
and licked him like sack. just after this
a fellow went into Mangenberg's Restaurant
and obtained square meal under false pre-
tences, and in payment for which Mr. Man
genberg proceeded to take 1t out OF his hide
doing it in the neatest and most commend
able manner. Served him right. We Leave
comment on the above to our readers.
Year: 1865

Of this paper will be found the advertisement Of the
celebrated Institute established by DIR. 7. C..
IN $780, In this age of deceit and char
latanism it is boon to the suffering to point out
to them where they of obtaining the wished
for relief and cure Under the care of the skillful
Doctor the sick and troubled can dvest themselves
of their burdens of pains and shame lay aside their
cross, and secure health and happiness If you
are SICK or IN trouble, do not hesitate. Read the
advertisement and follow the advice. Do not for


get the number nor the manner of directing your
letter. CONSULTATION OFFICE, $40 Washing


ton street, San Francisco.
Year: 1865

Our CoNUNDRUM.-Our young man put one
afloat some time since, and then watched our
exchanges for fame. His eye blazed with
qualification as he saw it at the head of a
column of good things in the San Jose Cou-
rier; but be wilted at finding no credit As
he laid that paper down. we heard him NUT
ter, :" don't care; he is welcome to that. I
can do heap better but amt going to for
that fellow to make capital out Of
Year: 1865

BLowING.-Since the meeting OF the snion
Convention at Red Bluff, the Independent
has contained nothing but series of blow
ing and lying articles in many instances so
coarse and scurrilous as to offend average
decency and so void of anything in the form
of reason or argument ns to have no redeem
ing qualities In Tehama county such trash
fell harmless before intelligent readers in
Colusa the Independent found its affinity,
and no doubt had considerable influence
there-suffcent. probably, to elect its
chosen William to ME support Of Sargent u
in the coming Legislature. just such frothy
blowing as that of the Independent met with
appreciation there, and tended ~ harmonize
and make as one man those innocent, honest.
doye.like admirers OF Mrs. Suratt and her
master Jefferson D., and send them to the
polls solid phalanx, there to vote their
choice, and that of their organ the lndepen-
dent. Had it not been that Colusa county
formed part of the Legislative district the
Independent would never have discovered its
field of usefulness.
Year: 1865

PLEAsANT-VERY.- Bishop started out in
the late political campaign in Tebama as the
. head" of the Union party, and brought up
rs the tail" of miserable boter faction.
How pleasant that fellow must feel On
the principle that everything is good fer
something. we thought of sending below for
a powerful microscope, hoping by its aid to
discover where the 9 good comes in to reach
his case
Year: 1865

TaAvEL.-The spring trade to the north
was light. but now amends are being made.
Our corrals are nightly crowded with teams
seeking load. Evidently an early winter
is anticipated By the merchants north of us,
who are taking time By the forelock.
Year: 1865

SAN JOSE CouRlER.-The weekly is good
naper. and we commend 1t to the public but
as Il il of no use to US as an exchange. We
must decline it. Send your daily if you want
the COURIER.
Year: 1865

Patent Horse to carry his master,


Needs no spur to make him go faster;


Runs along cheerly soon you stride him,
Ready to go wherever you guide him.


THESE horses run rapidly over any good
/ road, sidewalk or park grounds, with grace
fui cantering motion. propelled mainly by the
Ueight Of the rider, alternating motion from the
saddle to the padals, the act OF rising to the
motion of the horse, and with about the same
vt of exercise to the rider as in riding live
horse, ana with about the same amount Of exer-
else to the rider as in riding live horse. They
may be started, stopped short, or controlled in
going down hill, by the rider. They will run up
moderate ascent, it the road is hard and hrm.-
They directed by the bride. As the motions
identical, it is good mode Of training for
equestrianism. They unequalled a means
for agreeable and heal.hful out door exercise, all
the year round, for adults we'll for girls and
boys of two years old and upward. Girls ride by
using the side-saddle horn-those under ten years
old usually ride astrde. The size fer boys strong
enough to carry man of 300 pounds weight. On
the sidewalk or level ground light carriage with
a child IN it can be attached and drawn. Any per-
son having but one leg ride perfectly well.


For prices enquire at the office OF this paper,
send stamp for circular and price list.


STEPHEN w. SMITH.


49S Broadway New York.