smithclay/nortonstories huggingface dataset:
Year: 1860

People who have been bOlstered up and le
vered along all their lives, are seldom good for
anything in a crisis. When misfortune comes
they look around for somebody to cling to or
lean upon. If the prop is not there down they
go. Once down. they are as helpless as capsi-
zed turtles, or unhorsed men in armor, and can
never find their feet again without assistance
Such silken fellows no more resemble self made
men who have fought their way to position
making difficulties their stepping stones, and
deriving determination from feat, than vines
resemble oaks, or sputtering rush lights the
stars ofheaven. Effort persisted in to achieve
ment, trains man into sell reliance, and when
he has proved to the world that he can trust
himself the world will trust him. We say,
therefore, that it is unwise to deprive young
men OF the advantages which result from en-
ergetic action, by "boosting" them over obsta
cles which they ought to be able to surmount
alone No one ever swan we'll who placed his
whole confidence In cork jacket; and if in
breasting the sea OF life, we cannot buoy our
selves up aud try to forge ahead by dint of our
own energies, we are not worth salvage, and it
is of little consequence whether we "sink or
swim, survive or perish'


One OF the best lessons that father can give
his son is this: "Work strengthen your moral
and mental faculties. as you would strengthen
your muscles by vigorous exercise. Learn to
conquer circumstances, you are then 'ndepen-
dent OF fortune" The men of athletic minds
who have left their marks on the eras in which
they lived were all trained in rough school.
They did not mount to their high positions by
the help Of leverage, they leaped the chasms,
grappled the opposite rocks avoided the avail
ances, and when the goal was reached felt that
but for the toll that had strengthed them as
| they strove it could never have been attained,
Year: 1860

A BRAVE BoY.-A little boy in Holland
was returning one night from village to
which he had been sent by his father on an
errand, when he noticed the water trlcklng
through marrow opening in the dyke. lie
stopped and thought what the consequences
would be if the hole was not closed. He knew,
for he had often heard his father tell the sad
disasters which happened from such small
beginnings, how, in few hours, the opening
would become bigger and bigger and let in
the mighty mass of waters pressing on the
dyke, until the whole defence being washed
away, the rolling, dashing. angry waters
would sweep on TO the next village, destroy
ing life and property and everything in rs
way. Should he run home and alarm the
villagers, it would be dark before they could
arrive, and the hole might even then be 50
large as to defy all attempts to close 1T
Prompted by these thoughts he seated
himself on the banks Of the canal, stop
ped the opening with his hand, and pa
tently waited the approach OF some villag-
er But no one came Hour after hour
rolled slowly By, yet there sat the hero
ic boy, in cold and darkness, shiyering, wet
and tired. but stoutly pressing his hands
against the dangerous breach. All night
he stayed at his post. At last the morning
broke. \ clergyman walking up the canal,
heard groan and looked around to see
where it came from. why are you there,
my child?" he asked, seeing the boy, and
surprised at his strange position: i m
keeping back the water, sir, and saving the
village from being drowned" answered the
child, with lips 50 benumbed with cold that
he could scarcely speak. The astonished
minister relieved the boy. The dyke was
closed, and the danger which threatened hun
lid. nf liypa was nrpYRnted
Year: 1860

body of the captain was found alongside of the
bridal bed, but the maniac who had killed him
was never recognized afterwards. He belonged
to Cornwall and probably found shelter from
pursuit in the miues until the excitement pass
ed away.


The lady stated at the time and many years
Afterwards, that the attack of the maniac was
so sudden and silent that she knew nothing OF
it until she felt the pressure of the captains
body on the edge Of the bed. 10 held the vic
tim around the neck with his right hand, and
turned HIM from side to side as easily as il he
had been a child while the fore finger and
thumb Of the left hand grasped her own throat
ready to extingush her own life if she raised
the alarm.


His face was pale and death like, his eyes
started, but were motionless, ard every word he
uttered seemed to issue from the very depths of
his soul. The captains looks were terrible be-
yond descrip iption-death left the impress Of le-
rocity upon his darkened features. How the
maniac entered or left the room she never knew.
His departure was as noiseless as his entrance
SO paralyzed was she with fear that an hour
elapsed before she could muster courage to call
for help; but she thanked God, when the cap
tains cruel character became generally known
ashore, that she had been rescued from hts al
lionce.
Year: 1860

bound to interfere. if the territorial machinery
fails to work, or works disastrOusly. If this is
| protection so be it.


Cd On the contrary, we believe that the
Douglas policy, if it goes to the extent fdeny,
ing such protec tion to property as is guaranteed
by the Constitution, will, if carried cut, divide
the democratic party and the Union also at nc
distant day. We believe that if Douglas sho'd
be run on such platform he would either not
be elected or else would be elected largely by
Republican votes Whether the republicans
would drop Line oln in order to secure the elec.
tion of Douglas, would depend probably, upon
the degree ofconfdence they have in their abil.
ity to elect Lincoln.


(e) Our correspondent has right to speak
for himself in this matter, and possibly for the
Northwest; but not the North. Certainly he
has no better right to speak for the latter than
we have. If we know anything of the senti.
ments OF democrats in this part of the country
they will not 'go over to the Republicans" any
how. They will concede to the South what
the Constitution requires and nothing more
If the Northwestern Democrats are not willing
to concede as much as this, they are en- the road
to republicanism, TO say the least


90 The South is divided, hut it is not be.
tween Douglas and democracy. part would
accept Douglasism as the alternative of repub-
lieanism-tbe other part would take their chance
with q candidate of their own, rather than sup
porta man who, they say promised to abide
by the decision of the Supreme Court as tc
slave property in the Territories, aud even aE
ter it was made, said On his New Orleans
speech) he would abide by it, but now alleges
that it was not decision in the sense he IN.
tended, and at any rate that it can be circum.
vented by non. action or unfriendly action on
the part Of the territorial legislature.


CD Who wants a slave code for the Terrific.
ries? And why should a democrat adopt the
republican slang on that head?


(h) We have tried to do SO, and hope we
have succeeded.
Year: 1860

/. Upon a writ of error to circuit court
the United States the transcript Of the record
of all the proceedings in the case is brought be.
fore this court, and is open to its inspection and
revision.


l. When plea to the jurisdiction, in abato.
ment, is overruled by the Court upon demurrel
and the defendant pleads in har,and upon these
pleas the final Judgment of the Court is in his
favor, if the plaintiff brings a writ of error, The
Judgment OF the court upon the plea in abate
ment is before this conrt, although it was in ia
vor of the plaintiff; and if the court erred IL
ovelruling it, the judgment must be reesrvet
and mandate issued to the circuit court TO dis
miss the case for want Of Jurisdiction.


8. In the circuit court of the United States
the record must show that the case is one il
which, by the Constitution and laws Of the u
nited States, the court had jurisdiction; and i
this does not appear, and the court gives judg-
ment either for plaintiff or defendant, it is error
and the Judgment must be reserved by this
court, and the parties cannot, by consent, waive
the objection to the Jurisdiction Of the circuit
court.


4. A free negro in the African race, whose
ancestors were brought to this country and sold
as slaves, is not "cltizen" within the meaning
of the Constitution of the United States.


5. When the Constitution was adopted they
were not regarded by any of the States as mem
bers OF the community which constituted the
State, and were not numbered among its "peo-
pie or citizens. Consequently the special rights
and immunities guaranteed to citizens do not
apply to them. And not being "ctizens within
the meaning of the Constitution, they are not
entitled to sue in that character in court Of
the United States and the circuit court has not
jurisdiction in such suit.


6. The only two clauses in the Constitution
Year: 1860

l. The plaintiff himself acquired no title tc


reedom, BY being tagen by his owner to Rock
Island in Illinois, and brought back 10 MSsou-
ri This court has heretofore decided that the
status or condition of person of African de-
scent depended on the laws OF the state in which
he resided


2, 1t has been settled by the decisions of the
highest court in Missouri that, by the laws OF
that state, a slave does not become entitled to
his freedom where the owner takes him to re-
side in State where slavery is not permitted,
and afterwards bring him back to the State Of
Missouri.


Conclusion: 1t follows that it is apparent up
on the record that the court below erred in its
Judgment on the plea in abatement, and also
erred in giving judgment to the defendant when
the exception shows that the plaintiff was not
citizen OF the United States; and as the cir
cult court had no jurisdiction either in the case
stated in the plea in abatement. or in the one
stated in the exception, its judgment in favor
of the defendant is erroneous and must be re-
versed.
Year: 1860

the construction of the clause Of the Constitu-
ton above mentioned, because the case before
them did not make it necessary to decide the
question.


3. The united States under the present Con-
stitution cannot acquire territory to be held as
a colony to be governed at its will and pleasure;
but it may require territory which at the time
has not population that fits it to become a
State, and may govern it as territory until it
has population which,in the Judgment Of Con-
gress, entities it to be admitted as State oftke
Union.


f. During the time it remains a territory
Congress may legislate over it within the scopes
ofits constitutional powers in relation to citr-
zens Of the United States, and may establish a
territorial government, and the form of this To-
cal government mustbe regulated by the discre-
ton of Congress, but with powers not exceeding
those which Congress itself by the Constitution
is authorized to exercise over citizens of the
United States in respect to their rights Of per-
sons or rights Of property.


~.


/. The territory thus acquired is acquired by
the people of the United States for their COM
mon and aqua benefit, through their agent and
trustee, the federal government. Congress can
exercise no power over the rights ofperSons or
property Of citizens in the territory which is
prohibited by the constitution, The govern
ment and the citizens, whenever the Territory
is open to settlement, both enter it with their
respective rights defined and limited by the
constitution. Congress has no right to prohibit
the citizens ofany particular State or States
from taking up their homes there while it rer-
mits citizens Of any other State to do so; nor
has it right to give privileges to one class of
persons which 1t refuses to another. The terri
tory is acquitted for their own equal and common
benefit, and ilopen to any it must be open to all
upon equal and the same terms.


2. Every citizen has right to take with him
into the territory any article ofproperty which
the constitution of the United States recognizes
as property.


8. The constitution Of the United States rec
ogniGes slaves as property, and pledges the fed
eral government to protect it; and Congress
cannot exercise any more authority over prop
erty Of that description than it may constitu-
tionaly over property OF any other kind.


4. The act of Congress, therefore, prohibiting
a citizen of the United States from taking with
him his slaves when he removes to the terrific
ry in question to reside is an exercise OF author
ity over the property which is not warranted by
tiff by his owner to that territory gave him no
title TO freedom.
Year: 1860

fIRR.-The hay in the loft of II. H. Flaggs
Livery Stable on Pine Street, was discov-
cred on FIRE, at about 10 o'clock on Tuesday
morning last. As soon as the alarm was
given everything movable in the lower story
of the stable was taken out, and an unsuc-
eessful attempt made to extinguish the fire
with buckets of water. Failing in the eff
fort, the iron doors of the building, which
10 q FIRE proof one, were closed and every
crack and crevice filled with mortar to ex-
clude the air and smother the flames. The
wooden roof over fire proof one was torn
off, Hamblin's Blacksmith Shop in the rear.
and the back part of the L. S. Hotel were
torn away, besides Lampe's Barber and
Bathing establishment was gutted, the fur
niture of the U. S. Hotel and of several
other buildings taken out with all speed.
In the mean time a canvas hose was attached
to hydrant of the Nevada Water Company
but it was found not strong enough for the
pressure. A half hours delay, and dis
patch was sent to Grass Valley for hose,
which promptly came with some of the
members of the G.. V, fire department, by
one of Harry Cady's fast teams. By means
of the aid thus furnished the fire was easily
eItinguished.


Forty or more bales ofhay were consumed
or damaged. The loss is not heavy. Crush
/ Parker, of the L. S. Hotel are damaged to
the amount of four or five hundred dollars
Lampe Bro, three or four hundred, Hamb-
lin Eve hundred. The damage to the build
ing of Flagg is covered by insurance and
the loss in hay will probably amount to not
more than one hundred dollars. The ori.
gin of the fire is not known.
Year: 1860

NEVADA IN THE WAR.--A writer in Vir-
ginia City to the Placer Herald compliment:
the volunteer Horse Company fitted out by
this city in the following manner. Welearn
from undoubted authority that Col Hays
has more than once expressed himself in
the same style:


"A word in relation to this troop-amore
gentlemanly set of men never straddled
horses, highly courteous in all their inter-
course with their fellow men whilst here,
paying and dealing with ali on the square.
There is but one opinion in relation to them
they are good, nice, civil, reliable men, in
whom our hopes were centered-believing
that they would, if an opportunity pre- ;ented
itself, prove valiant in defending unsullied
the flag of our country. God bless the Ne
vada boys-so all say here.
Year: 1860

HosE.-The Trustees of the Fire Depart
ment have contracted for 900 feet ofleather
hose with manufacturer of the article at
Grass Valley. Two hundred feet will be
ready next week, and the whole amount
will be furnished at the rate of two hundred
feet per week thereafter.
Year: 1860

A trip the other day through the north
ern portion Of this county and part of Yer


million. convinced US, that there never
was a more promising reward for the la
Dor Of the farmer. than now. The cradles
and the reapers are already in the wheat
fields, aud the harvest is just commencing.
We never saw any better wheat than are
the majority of the fields. Some. it is true,
are rather thin, bat even in those cases
the wheat itself is uncommoniy good
The yield, so far as we travelled, will be
more than au average one, and the corn is
better, take it altogether, than We have
ever seen at this time Of the year. How
encouraging is all this. and how thankful
should this peoPl that they have such
q eonntry, such sii nd such climate
Year: 1860

PROPOSE to sell upon most favorable terms, exchange


for city property, the remainder Of premises in the
suburbs, consisting OF we'll built dwelling Of eight
large Cellars servants ouses stables & and between eleven
twelve Of superior garden land will sell the dwell
about Eve separate from the remainder Of the laVi
desired These premises adjoining the grounds sold by
last spring Of about S. 10 per foot less BY half
than ground danceom the square and equally de-
able in other respects selling for icing the occupied
formerly residence and rented for the present to
Bostick, Esq, Also,
Year: 1860

RATHER ODD.-We were somewhat
amused at the coolness with which our friends
Of Der Dsmokrss presented . bill at the council
on Wednesdsy last, one item Of which vas for
publishing the celebrated new charter of the
city Of Davenport. which Was passed By the
Legislatare Of lss7-ss, but which, by the way
like many other enactments of that astu.s
body, was unconstitutional. II our memory
serves us. and We "think she do"-in this in
stance ct least, said defunct charter vas to be
oil right and tight after being published in
the Davenport Gaseets asd morning Nevs, at
the expense Of the city Of Davenport We
think it was not ordered into the Der Demo
kv.t at oil and even II 1t was We believe that
90 good business man % our friend fischer,
would have presented bis bill for the same
many months since. We confess We cant see
into the joke Of the thing The item Of SOC is
worth sav'ng. but really We think it rhould
have been attended to when the city vas
dush The bill had no friends in the council,
and will probably have 10 lay over year or
two longer.
Year: 1860

New YoRK.-The Chicago Times, in lis
issue of July 21st, has the following


A gentleman whose intelligence nobody
will deny, and whose judgment in matters Of
political concern are generally sound, 1--WE
allude to Elk Gov. Barstow, of Wisconsin, J
was in the city yesterday he was on his re-
turn to Wisconsin from the East. We had
the pleasure of listening to his conversation
10 regard to the state of parties at the East
in New York especially. 1t seems to be
conceded in New York City that Douglas
will carry the Empire State by large ma.
jority. All the Democrats of the City, and
many huadgeds beside, are uniting on the
ticket bearing the names of Douglas and
johnson. Thirty thousand majority is pledged
By the leaders cf the influential bodies for
the candidates of the National Democratic
party in the great Metropolis. And in the
other sections of the State the feeling is quite
as hearty and the action quite as unanimous
Tx Gov Barstow was repeatedly told while
in New York, by those who know the condi-
ton of things best, that in no event will
Douglas fail of the electoral vote of New
York The truth is that Lincoln is aeknowl
edged to be out of the question. Few ex.
pect, and fewer sill want, him elected
There is the deadest sort of calm all oyer
the Republican party-and it cannot be
whipped into enthusiasm for the "rail split
! ter"
Year: 1860

The FArR.-Speaking of the Fair to be
he'd in this city next week, the editor of the
Nevada Democrat says; "The people of
Marysyille have made suitable arrangements
to accommodate visitors from every section
of the State, and TIE Society have an extern
sive track for the show of stock, and COW
cred amphitheater that will seat 10000
people. Mr.. I. p. Otis, the agent of the So
ciety, was in Nevada last Monday he Informs
us that great interest is taken in the success
of this Fair by the people of the northern
counties, and that a larger amount of fine
stock will be exhibited on the Fair grounds
than has ever yet been collected together in
California We acknowledge the receipt of
complimentary ticket to attend the exhibi-
tion, and will endeaver to be present one or
two days"
Year: 1860

DEMOCRATIC CLUB AT NEvADA.-The Ne
sada Democrat of Wednesday has the fol-
lowing:


A meeting of the Democracy was held at
the Theater yesterday evening, for the pur-
pose of completing the organization of a
Temperate Club. We understand that over
two hundred persons have already enrolled
their names Is members and we have no
doubt that the membership will be increased
TO five hundred in the course of few weeks
The meeting convened about the time our
paper went to press, consequently we are
unable to give any of the proceedings The
object in organizing the Club is to bring
about united action among the friends Of
Douglas, to more efficiently carry on the
canvass in this county.
Year: 1860

The PERILs OF ScIENcE.-Some years ago a
large whale was caught at the Nore and towed
up to London bridge, the Lord Mayor having
claimed it. When it had been on London
bridge some little time, the Government sent
notice to say it belonged to them. Upon
which the Lord Mayor sent answer, "Well, if
the whale belongs to you, order you to re-
move it Immediately from London bridge"
The whale was, therefore, towed down the
stream to the Isle of Dogs, below Greenwich.
The late Mr.. Cliff, the energetic and talented
assistant of his great master, John Hunter,
went down to see it. He found it on the shore
with its huge mouth propped open with poles
In his eagerness to examine the internal parts
of the mouth, Mr.. Cliff stepped inside the
mouth between the lower jaws, where the
tongue is situated The tongue is huge
spongy mass, and being at that time exceed
ingly soft from exposure to air, gave way like
bog; at the same time he slipped forward
towards the whales gulet, nearly as far as he
could go. Poor Mr.. Gift was really in dan
gerous predcament; he sank lower and lower
into the substance of the tongue and gullet,
till he nearly disappeared altogether. He was
short in stature, and in few seconds would
doubtless have lost his life in the horrible oily
mass, had not assistance been quickly afforded
him. 1t was with great difficulty that boat
hook was put in requisition, and the good little.
man hauled out of the whales tongue.-Buck-
lands Curiosities Of Natural History.
Year: 1860

By WILLIAM WINTER.
How wet and dreary the streets arel
'Tis a wild and lonesome night:
And the air is full of voices
shudder with cold and fright.
All me, for little fire.
will creep here under the cart:
Something whispers of patience,
But Pm cold-at my very heart
What is it there in the shadow
That wavers and beckons so?
Nothing Dear little Nelly
Dead, years and years agol
Does she know that her poor old father
Is dying here in the street
Cold, and ragged, and hungry,
With not morsel to eat!
Sweet grill believe she loved me-
/ remember her voice, her smile
She is gone? All, well, shall see her,
Perhaps, in little Willie.
am cold-my heart is freezing.
Heart Why do babble so?
What little had to be frozen
Was frozen long ago.
There's light just there, at the bakers,
But / can not crawl, for pain;
Perhaps he would let me in while
O God to be warm again.
How wet and cold the pavement
could pity my own white hair
Alas if my heart were younger.
But there's nothing but ashes there
Is it cold in the grave, wonder
Ughl the cruel and pitiless STORM
No matter; tits all that's left me;
Thank God if it's only warm.


-Harper's Magazine.