- ? i!V " ll u: I - - :iKiV. - ViM; ; - !-'' ;; " - ' ; ! n .-I . i!v-::: rJr- : .f 4 -: , ' ,
1 i : i ' h i . 1 !' 1 . r -i . ... -i - j ; , .... - ; V ' ' ! v 1 ' : ! . I .- . ' ' . . r, . ;
! - -' - i . ! (. i : .; ,! i - f " i ; ' H . ; f- -.if. ; A-t ' . .: 1 i , . ' j ' . . .. ' , .' J. . '!
- mm L,-; it.t L.l ; 1 "" "'''''"''" i''"' ! ' '' ' ' ' ' ' ''r":;V''' r:-;.:H 1 i;'X,jii: .!.'''.. I J i f. ''.'J ; -.' . ; ;: ij s - ' 'i" ' ! :j ' '-: ' !'.' ' ' ''
. I -
. mrptE OF THE
fl
1
Orer Fattoa MeDoweir. ' .tore-third story.
Vttr JOli DEPARTMENT:
Ttlh' uthment-Is furniraed with the very
best st A marked feature in this
mBd 't ior neW LnSSty prcw, which work.
'Jrfwort. accompanied by the cssb, will
jrt wUh prompt attention. ;
SfeutSri temur. 1870. ttpon
tl BiS for CcUinc ft Coarwitioii. Hh
Omartiwi Btlx upon iU Pimp on U
I hve uVcn no pxit jin the licnsion
mbich have ..mng up Juring the reading of
KT Hill lv jK-ctious. I was willing that Jt
. . . - i :
i, f; ::.:.:ik,t ia mi)enlmcnU rould mike
ihcbropoiion t" c:fll a Convention a wise
on hate thought it camlul to abHtain from
rokirr"i uIn llHre letaiU, u,,
conrsc'niighl have givcu color to a contrarj
, jnjpreiwioii of uiy Vicvv.. In the meantime
! Ibis bill,!iaviiig In-eti submitted, Itoth in the
Senate previously to its reaching this House,
I now again irre, vo idc iruiHi'j -r-
I Uilutis of it author Wl suprtw ttay.
i ' tt, Jf.r.. it tii remain. The present seems.
to be a fit opportunity for indicating ad ob.
jcition t-the Hill, which rest upon other
ground than tJiat f detail. ' " - '
To me it apjcirs that these obiectitns are
mainly tco; one, as to the form of enactment ',
by whkhlt h snjpoj5etl that the Bill may be
matured into a law.; the other as to Vie valve
ofOmttrcuritgvWxch the Hill offer to the
people that such Convention may not amend
the Constitution, in point which, in ternrs.
are expressly excepted from its control. r.
a.-ti tliH ikiwit f enactment, it seems
rnrtugh to say Uiat it is one which, in 1834,
" w as rejected; nay fairy v.U(l Uncn, as nii
' ronstitntimiai andj revolutionary ; . and that
this decision has been pr:iclic:il!y acquiesced
in ever sim-e ;: thatlt ho decision wa- followed
II poll thctmlvNvaaion when a qiiestion could
have been made iirm it, I ineau in calling the
proponed Convention of Fcluisry,.16Gl ; and
that after this comttructiiMi had been placed
un the Constitution, the words no constrn
fritwere, in the inidt of vast and raJjAI
cUangc in that instrument in other respects,
I irrrred erirtly ijy ttco Jjuate, Conventions :
that of 1865, w hose Constitution failel of be
iMgraiitie.1 by the people, and that of 186,
w hirh. framed our rtscnt Constitution.
, Whatever, originally, may have been the
merits of the oitioii assumed by those whq
imggej.ted the nu tltoil of calling a Convention
' now advocated, it is iU to contend that af
. r siii h a decision to the contrary, - such " an
sr acquivA'ctice in that decision, sm-h an
SJ udorue;t .of it it can be proposed, h)w
1 withoat encountering objection' much more
' r.. !..:. .1 ...:. .l.ii-T it u'-r innt
, ' fu 18. 4. Circunis'tauc-s which surround us
in 1870 may. render prrnicion to endeavor
r to overthroV the in.titutioii of the State by
inetms, which, under circumstances far more
favorable, in time of quiet, at a period when
i.ur commnftity "was not in a state of surveil-
lance, or of extraoj-dinan- apprehension Was,
liy our own precedent, of our ,own head,
denounced as portending a revolution ! '
Let us exauiiti this important question
'more closely. The friends. of this Bill pro-
1Mte to pass it by I no more than a majority,
t comes dywn to jus emlorscl by only a.m-
j.irity f the S-nnte, and it has not in its en
acting clause the wonls heretofore used
ujwmT such "crasions, viz: "Two-thirds of
each IJousc- concurrimj.
Our preMiit Cmstitution (18C8) .declares
" that "no Convention .hall mt called by the
" (neral Aeinlly," ntdens by a vote of two
third of all ;!. memlwn in each House. It
is said, by its rtrs, that this bill does
not call a Convention l:t the General Autm-
Wy, hut submits, the qution of such call to
the poiU ; mid that their n.-ht to call a Con
vmtion not subjected to any restraints by
the Constitution. ; ' . '
I do not propose U treat the qnestiou thus
' raises! nsf" King oe. Were it open,- the
arguments by. which the.abovo viea- is sup
pvrpl wouhl not Ik? without force. Iudecd,
J nwiy he permitted to say that previously to
A dcvUion cf the; question I held that jview
..fiiywlt. Bcint; a inembi'r of the Oeneral As
rinl.ly of 1854,'! nnpported that view by
rguuieut a.s well j as I was able. But (Coil
titutfotw are rules f life, ami are nt mere
heme for sjeculative. discussion. When
ever a decision iinii their meaning is ireach-
tm, !. n o.iniitifif t rl Ixiltnl. it IK llOt ildllUSsi-
(I M m.- J
file to treat the qnesti.Mi then adjudicated as
' .-II - t . . - -1 . ...... tl.A Al'UPlr A'lV
: steins sun oien. i . fucii- v-vi j
fiabitsof onr lires when the decision H one
. . i .... k . .
Wtoie'. by a. Court! I ho salety .ot our propter
4itonuu adlieruiice to the law i adjudged.
n.., t ... I- .l.i.. n u-oll tn j1.J-iinn
. 1J lh. two other departments , of govern
, m'iit uhiii matters .within their jurisdic
. . lion,. is not so much an every day piece-of
. iurorniation', but jit is -well understood by
lawyers ; and statesmen. There are j many
. 4rravo consiitntioiial topics that have: never
In-eii before the Judiciary, wnicn neverine-
, ewt Ijave Difll Stjlttu f hciiich um-pr win-
Woflthc other tro departments; scttletl by
them iH-rhan, foiinally ami expressly, or per
' batisjnerely by aj course of practice. J
f ' ''TK..rii ri. .'ucp of oonsf i tutionai ones-
. . .......... . - .
'tfons 'that 'cannolj come before the Courts,
f and other nuch questions that cannot be
' 'firought befori'the Courts until af ter cpeat
vti o'caioTH hnvr reqnire! one o oiiier of
" the Executive orIxgislativ DepartineiiU to
Oit in Tt-zTit to; some graej iiiaio.-r, uwu
mmJ or another theory or U such questions.
Lawyifrs are familiar with nuh cases. Only
at rlje last term of our Sipreme Couft, that
; tribunal, following a long . anu rei-ciauie
seriea of cases, in; tliis aui iu other S.tates,
.deferred to and adopted a 'decision Uy the
. i Utm (U ..r- xl AsspiuUv uiton the limits iin-
pseil by. our OmstUutioa on the inrisdic-
v tersal, that, when ever in the courst of ex-
Cruing it functions, cither the Supreme De
aruucnts of onr, government finds itself iu
far of a constitutional question, it ndt only
jas jurisdhrtiou, bnt it lecomes its daty, to
T dde it , and thereafter' snch decisSm be
Voiiu-s high evidence: of the law. If such
"ilicision liave' been 1 acquiesced in for! Vears
itcantinlf Ui by a shock to public confidence
i . 'flnl atbrput to public jeacc that the! uei
i livh Is agVm opened: and such sKoclf frnd
.r t 7 O 1 .
I cant;1n proportion to the greatness and
jTU&uuici of the political circumstances
n 4ht iuid( of which1 they oe;or. J
liot itilarge upon the K)ntical eircnmtances
if ifo-rUi OaFolinaju 1.70, It is enoogh to
hrdjujdol ta ; theiu.i They leiul .tha gJiptest
1 volemuitv to this qoVHu ; They will b
xKisidtretl by tbjo lumbers of tlji IIauso j
. fiireai uevomc tuc greater anu more ib"'ut
r 'ifte'docision made pyithp (ienpr(iL,Vssem
l'tlf in tR.il Arrived at aitar m. rrv nffi
- m . t . J " - - . t - -T . . &
ll'k i n th? Senate, I maj? sir, althont '
VOL. V.
t.
'';'
disparaging aoy one who argued it, wiUi
pecjai, aouny ami power ' upon i the ipart
of the minority. For I thera I well reeoUeet
that it was argued with a special force and
eloquence by Mr. Graham, then a Senator
from Orange county. ! Bat with all the sur
roundings which o jastly gave hia word iii-1
flaence with hit party friends, he: failed th
carry even "the Whigs with him. i Among
others, those distingttishel citizeas and law
ycrs, Thomas S. Ashe, of Anson, and: An-'
dcrson Mitchell, of WilkA, who were parti sais
quite as far as gentlemen of their intelligence
and charSctef could be, dissented distinctTy
anil firmly,' The rote in the Senate was f
to one, Iu a full house!- In the House we
d id not fare so well as that. Nineteen whigs,1
of .he. best: material ! that we had; arrfong
thefn Outlaw-, of Bertie, Smith,' of Halifax
Aiiii"1, of Granville, Winston of Bertie, 'IIoa
den, of Chatham,1 Caldwell, f of Rowan, and
ptl ers whose 'naniea do not now occur to me,
ilividcil from ns, 'and the rote waa 74 .tor 34;
The nia jority;1 in 'bbtlr brftneher i nf the Au
isembly,-" was composeil of good men ' of pact
party, ' and of a majority of each acetion of
the State. More can hardly be; said of arry
legislative decision that has been' made, since
the foundation of the govemmei t. If gen
tlemen are disposed to undervalue it as is made
by party men, under party or sectional, .iesj
I heir to
add that those who made jit were
bou
nd bv
thir oath to make it trulv.
and
I hope this consideration, in view of mother
parts of my argument may not be forgot
ten. .; j- .'-! ' - . j : j
It is a most respectable and solemn prece
dent,' were it standing-alone 4 a precedent,
stamling upon reasons which I have not men-,
tioned, but which may fairly be rekoned up-?
on for influence over a large , portion of the
citizens of the State in 1871. And if the fact
-that it was made by gentlemen sworn to make
.. ' 1. ?ii ;i I i :'
II irniy win noi nvnn io ware ii i rurn nnpers,
a person "who stands in my "peculiar -position
in regarrl to it, whose views were fset at
naught in making it, nnd who has bowed to
its authority may well be excused -if he ap-
Ceal to that Democratio partv", now said t6;
c in a majority in this Assembly, and ask
them if they are willing to review their owii
decisions, and to give outsiders any reasons
for saving that they settle and unsettle Coh
stitutional questions" to -serve their party exi
gencies ; and ' that miderauch compulsion
they are ready in l7(Tto take an path that
that is not trwhich in 1854; they solemnly
swore was iich. All this too upon the eve
of ihcifnaking' drafts upon our confidence in
favor of certain other oaths which ! they are
about to take in the proposed Convention 1 :
This precedent however does not stand
alone. Some half doxen years afterwards,) in
the only instance in which," since such, prece
dent, the calling of a Convention j has been
submitted to the people (February 1861) this
authority was pursued, , and that after great
'discussion whether it was-applicable' to cases
in which, as there, the proposed Convention
was to effect not our internal 'y but! our, Fed
eral relations. r ' '
Add to this, that after a' notorious de
cision, an acquiescence and nsage j upon this
construction, the words so construed were by
Conventions, which recatt the Constitution"
preserved untouched, and then, - in view of
the well known rules of law, that j notorious
and authoritive constructions and authorita-
live constructions upon legal ph rases are to
be taken as endorsed by any subsequent leg
islation which adopts such phrases, I submit
that the objection to the form of enactment
adopted in the present bill is' powerful, and
its disregard by this Assembly may well be
considered by . the public as ominous, and at
tributable to some carelessness of their in
terests. In 1834 when this doctrine was
brocahed by gentlemen eminently' conserva
tive by nature and by habit, it was rejected
as nothing less than revolutionary 'j ' come
from whence it" might, note, when it has not
Only been overruled, but branded, what is
there so hallowing in party necessities j what
is there that has occurred since 1855, so to
commend revolution, that your former sol
emn decision, and the subsequent acquiesc
ence and practice of the State, as well as the
indirect endorsement. of voir "sovereign Con
ventions, are to be annihilated? These ques
tions' must be asked and. answered here and
elsewhere. There are apprehensions connec
ted with them that will not down a mere bid
ding. Snch apprehensions concern all that is
unpleasant in our recent past, all that is sub
stantial in the present, and all that raises
hope for the future. :' i i - h(
We were told that with, the meetings of
this Genaral Assembly, North Carolina-as
she.nsed to be, the North Carolina that We
revered and loved, ! would appear again top
on the scene ! I could have 'wished that
some political aversions connected with the
present constitution of -this Assembly' had
been soothed by such an event, Certainly.
it would have compensated for many an nn
pleasnntness, anticipated or realized, f- But:!,,
fear it is not to be. i .My tears grow stronger;
when I reflect that stich an occasion as the
enactment of the present Bill has been allows
oil not only to pass without a summoning of
Iter reason and spirit to aid us, in. the con
juncture, but has been employed, as an oc
casion for underrating and de liberntely flout,
. .... n '
mg tier considerate, conservauve, cuaracurisj
tiu -'wisdom, vYour temjter is not .the old
North Carolina temper I Not thus was she
known! -- ; '( r;;f j-r' j
; I will iiow piocevd to inqnire :into the val
ue ofthe security by which this Bill1 propoj
ses to protect 'the people against an intetmed-
dling by the Convention with such parts- of
the. Constitution as the People wish to lex
ccpt from its pwers.. ) j ' ' ' ' 'j
' That the People wish to except isome PJrts
of the present Constitution from he control
of the proposed Convention, seerr. ioTbp'nni-
versally concelel. It seems to-be cpneeued
by the friends of a Convention, that. if the
choice presented to the.People were betwixt
an unrestricted Convention, and no Conven
tion at all, the chances would be! altogether
in. favor of the latter. I shall not ask a by
this U so. .It is enough that all concede -the
fact. The interest which ma v attach to what
have now
to sav, r turns ' .entirely
upon sm-n tact.
Even although the result
of the laltors of this Convention ( are to ;be
submitted for ratification to thta people, -the
latter are unwilling to call such a body into
existence unUss its powers can be rest rained.
Thcy.prudently distrust their own apacity
for jnd.ging ot the whole enect oti-stjt,q in
stitution as may be submitted to theav They
will not eommit their rights to the risk; of the
slips which not unfrequentlpoccuj? upon such
occasions. !They propose to put tbe pghta
to no baurd! ' Itatlier tbn tats they will
hastnofie the amendmept Pf tb Constitution
to a inore propitious period t V f
V?tiq projectors of the Jmpending Conven
tion recogpixe this,, and assert, thst all Peri!
Is obviateit by the provfiqns:of this, BUI:
BHE,y.IiIiiLEJ;v.;
It-,
that the Convention will be a limiud one
They admit that this General Assembly j has
no power- to limit a Convention, but. claim
that the People can :j ; This BiU, they say,
places eertaln restrictions qpon the members
of the Convention i a to the tonics it shall
consider ; which restricUoas are expressly to
oe enuoraeu yur vi.- people which . calls' it ;
and moreover, before: the members take their
seat, they are 0 be sieom to intermeddle
with ho others, i-It is; cUimed that in this
way there is .double restriction - npon the
Convention, and, that fears that it may trans
grwx hs bounds are iole. . !. 1
;Let us consider these restrictions sepa-
j 1.-There is A tzprea$ restriction inrpoJed
by: the People, when they sanction 1 the eall
manner and form Sas the BUI provides ;
and, V. w.y . ii.
, . l-here, is; th i, preliminary oath, not ; to
internie.ldie witlj other, part of thei Constitn
tioii j , wh-ch, each Wmber? onust takftl. before
hela. ndn-itted to a eat. ! r i , v? Irjif-
. The former is ia,lsiipposel. restriction ! Jipon
the power, and, the -.second is a restriction
inerelyipfHthe 0f . the jConven-
u'i ' 'r ,H"on .v!es technical powers
(sq, far, fprtli, J moan, a these can be - ques-
tlonedl iu courts! of justice thereafter) un
toached. , f 4 .rC ;7:s ;-r . .J; i u ( :;
I aubrnit that , by neither of these reasons
can any Convention1 which submits its action
for rutitiapVn to the people be restricted, in
any practicable, -substantial, valuable sense; in
such .sense, l mean, as that the violation can
be enforced in favor.of, the party injured by
the transgression, in any , tribunal,- tStat or
Felieral, known r bnr! form of government!
When sd mncfi is jsaid, no more j need be ! .
We are speaking' only of practical questiohs.
We are not talking mere philosophy or mere
logic The apprehensions of which we speak
are such as thrill thorn wi.o entertain them
When tHey are aroused, those who j are sub
ject to them are! not .at peace ; they caunot
sleep! ., Once fairly arjoused, their apprehen
sions do not yield to the. lullaby of r mere J
phrases. I here is aq incantation jtliat can
pi evail against thorn, j If you offer Viem a
guarantee against loss, which cannot he en
forced if they knewf it whilst you were
making the offer,1 they would drive you from
their presence. ; Ours is a limited goyern
nient; but its paperj Huiitations are oily
valuable, or; worth jnentioning so lotty as tee
have a tribunal to en force them when trans
gressed. Your ;so-ealled liriiitationsj upon this
Convention (I am peaking of thosj; upon its
jouers) can be .'no iwhere enforced !l Is an)'
thing, plainer? j Suppose it were - to touch,
whether kuowiiiglyi, or inadvertently, any sub
ject prohibited to' it, and its work jis.a whole
were ratified, whether knowingly! or inal
vertently, by the People r I ask whether tlius
alteration, be it a chnnsje, or even annihilation,
of the rights previously existing, would not
become .a part ;of 'the (onstitutioii ? Most
assuredly it woul. There is no! tribiinal
that could go behind ,the action of j the Con-"
vention and ioiulur ratification, in order, to
pass upon the authenticity of the .-change, or
annihilation: There is no tribunal which
would admit a suggestion that any part of
the work of such aj Conventiau was inad
tent, or imauthorizx'd. . !
Such intended .restrictions might; be of
service in case the Convention were; not called
upon to submit! its work to the people for
ratification, as wasi the case with most of the
Conventions about the time of our Revolu
tionary war. But it is not too strong langu
age to say, that in any case of a Convention
that, like most at present, is to submit its
action for ratification, such restraints are
fanciful .only, and for practical j purposes,
merely useless. J The constituent Convention,
and ratifying people have just as much power
over the Constitution with them as. without
them! . , ; i j ' J,
And such indeed seems to be the impres
sion of the authors ot sucu pills as ! the pres
ent, for after, in! appearance, depriving the
members of such! bodies of power to violate
their restrictions, they proceed to administer
a preliminary oath to them, that they will not
do so! j i - : '!."'''.
We iniist bo allowed I to. question this
guaranty also, j We shall do so in a business
like manner What is offered is said to4 be
a muniment of .precious title. If practically
it be none such, neither 'romantic, noi senti
mental views shall prevail with us to accept
of iu- j : " j,- J , . !
i I may 6ay that it is to turn the ; sun back
many degrees upon the dial of Jconstitytional
forms of freedom, -.to substitute the oaths of
men who Itave power otherwise unrestricted,
in the place of aii organic incapacity imposed
upon such men. Here, however, we are told
of one of those classes of restrictions as if it
were an egv latent of .tlie other, ti Whyj Sir,
are we. to forget' that it was only after gener-
tions, and indeed ages, of violations of public
IIUVI V 7 w. Mm mmmJ " W 1 a. i Wf S VJ llliUII-
ten a nee ; by nied, too, who, it must be added,
were regarded j as otherwise not.) bad men,
and not unfrequently'as good church men,
that the method! of written fundamental re
straints was, wi!th great pains, as It were,
' ..II 1 i I , I i '
uiventeo, . , 1: I I - - -
': Are we then! "to be told tpat the fornier
antiquated and exploded - methods, may .now
j again at ' last, j under the peculiar circum
stances of our time, bo resorted to with con-!fidcne!-;
I ,'j I ?: ; j j ,.
It must be admitted, upon reflection, that
this sort o' restriction is, at b(st, of a mere
! secondary character.' It is not necessary for
its violation that there should bo perjury
or wickedness.) j Ignorance, or! inadvertence
will certainly puftice ; and sometimes that
ignorance or inadvertence woidd be technical
only, and would be better denoted as only an
absence of consummate wisdorn, or prophetic
glance t In any fuch case the oath,' so far as
it gave a practical guaranty, wpuh .be. viola
ted as fully, as if by, Ute "rankest perjury !
And it remains td be said Uiat if violatel,
there .woold bq no tribuual which jcould give
him who suffefod by it, redress. For, sup-
i6se the whole Convention duly sworu, and f
the resirainis imposea ay tneir oains yioiaieo,
say inadvertently, or' because j they, did not
fully comprehend the whole compass of their
operations, and then, add the supposition
that their action is ratified by the people, 1
ask, what is the mode and measure of relief'
Until better informed, I answer ,nb)e,.. to the
least 'extent, Pi any direction! j The point
i therefore presented , that thijs so-calletl
restriction is, for auy practical purposes, iu
the interest of any one affected, - incapable of
enforeemet
purposes
We
less i
nooent
afford
tremble
there is but i step between litem and j death.
To itich T it 1 iaarriei only sd dittanal .terror,
c.ri 4Uf t i.v aro luwiwi r ' no imri n&nranca .to our rauiionL.ana to oiueri
alone that we are coucerpcl for. v 0W ouM,ft of 'the, express provquabthe folders of uronds.that; we,fwm do and fthtfsnh Ot . iiffif
are not speaking of perjury, or.' reck- OmstiUitiqn-rhtheA the, Conveution jbf .1833111 fuonni,
riadrertence. The clasw of .mistake, m-J was delmquentaa to -this .itentjOf , lp .path. Jieanwniie, as a saw, pir, a leei quiw eauyi person or persons .wjief sna ioaa .pjtuioau
inadvertencei want ot comprehension, ) lkts lath pomtoxyiew yiwnicn,, ,i.now mfw i. H. , , - Ur4'fll;ar nart in theaTovrn 01 jiuarsaau, on.
s ample soopo for the fears of men who I present, it.i 4iAlbil,that it aajejgar ou?r L.T&.iv iludlt forfeit isnd paV-the
1 ir t-irrl.t mnA holiorf that t a'wprv- imnortant nart ot toe daties assigned vwesme air juiow, ne jtw usk wti.uDHnns f r.i' ..: i.':Ia. ,. U i
uave ueiween
thetri and rain, 5s an Oath Y an i lath thef ek
tent bf the meaning of. which; xtben aoaiysed
is, tLat the taker does not t ntehd -to -injure
bem, or pieces, that ; he, , wjE noti ; all ; the
while be may, be ; notoriously , nnderj a great
bias against them', or at best,5 hot thoi oughf
advised as to wlrat will work them lhliifn t-.J
( -1 will not enlarge upon this point further,
than tee-alt atteution in coanexion with .the
reality and extent of thejisk wbich is run jq
confiding to , such ; 'a restriction' that there
never has'beefi a Convention which had an
adequatefcom7reheo8on oiE the effect the
Constitutioa 'which? it adopted Thfa is! e'omt
monjtalk; as, touj State Convention p, J868.
UU U
best
otfibr
trious Convention which ! framed - the Urii td
StatejjjConstitution, f If liieref ore, (ho; kemr
ber i such.Cpnveatioa .can safely sweat, that
be understands' wtat it will-doJ of what it
has done, how can anv Other mkn rpWl'T j?
reasonable.'practlcal protection? of! his! pwff
precious-;and delicatd rights; Hi if hat all ad
mit tokevt puMt np tfacon'tes with sjujulji as
propose to call the " Convention n j question,
upon an ouinnoioriousiy so mucn one or hap
u;izaru r
in. any triuun
of the CO
by oath,- and thereupon tb enjoin 'a , fepeci fi
performance, or a recissuju Jt? i: ji;
It is interbstio'iplua.Wexio'ni to bb
serye to whit extent. the JTmivunilon of 1 1 835
d-parted froinhe tiirms ot the oath taken by
its members imdeir the Act- of 1834, jwfa'ch
authona d lis call ; the precedent i iri. Which
Act isfolWwed in, the bill before iikl In
speaking of Jthis I need flot say i that Tijiipute
no. fault Uih in - so dmd.-' hovond'' whAt is
incident to Inunan' nature.: Ii entertain the
greatest resect for its ' memory, and (cheer
fully acknowledged that nlriny of jits mem
bers were most , excellent 'citizens in ) their
day, and that their memory is amoijg the
jewels of the State. , Some of them still sur
vive, and ark venerated, and beloved. I have
a right however, if I can, to illustrate a
proposition,- 'which I have! founded upon
human nature Itself, common to all ages! and
t . i
lanug,
by so respectable' an instance iarnons
otu selves. ;
... t
llie actot 1834, which restricted the Con
ii
vention of 1 835, 'crave that Contention! povver
to take away j the right "of ' suffrasrl from
"negroes" and "mulattoes." Those were the
only words: used. They are both words of
specific signification. The dictionaries, give
their definition. The former! is thp pare
blcjoded African, and the latter is: the first
cross between the necrro and the whittf. '
" Where then did that Convention get the
right, of disfranchising not only those specific
-classes -but. others as well. They ; ad5ed, to
'negroes rand '""inhlattoe's," "all other (per
son of mixed blood to 'the -4th degree in
clusive. tVas not this to go beyond the
restriction? Why did they not adhere to
the words of the restraining, act, leaving it
to the courts to define them ? It was jja jpro
vision in rr'Slrai'nt. of right, and would! proba
bly have received a strict construction. The
words added in the clause adopted, do not
pretend to" be a definition of "mulatto? 1
bn are, what our dictionaries- informs us
they are, anaddition of other classes' to those
ov6r whom the act gave them power. Sup
posing this to be so, it is obvious, that these
c'asses beyond "mulattoes," had no remedy,
after the amendments were ratified by the
people. J The restriction was as
did not exist. " l
though
it
There are1 several other instances of the
...... . ' -. . : -
same sort which are obvious on comparing
the Amendments .with the act of .1834, are
mostly perhaps merelj verbal or formal varia
tions. , I will add but one other as being
pertinent as vyellhere, as to the first topic-; I
have discussed. Tlie act ofi 1834 '-directed,
the Convention to provide "in what manner"
the Constitution of the State should )e after
wards amendetl. Tliat is itwas provided by
the act that the new Constitution should pro
vide the manner in which it was thereafter ,to!
be amended ; not a manner, but tii manner,1
i, e., clearly , the, only , manner . The I people
had been wearied, perhaps rendered 'appre
hensive, byi the long contest which .; 'issued in
the Convention of i835; aind by the irregular
methods of calling a Cohvention whieh in
the conrse ot 'that contest had J been threaten-;
ed. They determined that there should be
an end of it. There were to be no longer
any extra Constitutional methods "of calling
Conventions. The Convention of 1835 would
shut up all .controversy; by providing5 the
'method in which the Constitution '-thereafter:
should be amended. :. - !. ! 's' .
Now", it is' observable that when a report
upon that item of the work impbsed; upon,!
was reitirned, provision was made for only
one way of amending the.Constitution. .ThfU
provision Wasi the present ' second clause, of
Article Xinj cla ise npon 'Amendmerits, It
was precise! : part of this Constitution''
was to be amended,, except 'in.' th;e Way nenv
called the1 Legislative method.. So far their
instructions' were faithfully pur sued.f Tfbwr
ever, upon considering the report, it was pro
pose.l to amend by adding a clause- allowing
also Convention 'audi providing that no
such bodyfltould be called e;oepijbyj a ma
jorty of " two-thirds', 'obcl Yhen this point
wps reached, the ifistrnctions above men
tioned were still followed P The metfiod in
which the Constitution cjould be alterUl,: was
still expressed. , Nq, extra, Om&tilutiohal
method could be suggested, .Upon further
consideration however,the' clause
was
mii-
turetl into it? present' expression ;
ZT ISO.
Conventien hall be called oy tAis. treneral
Assembly unless by a vote of .-. twp-tbirds.
This was. the forta adopted N9W it seems
to me that upon this.oneHo two things is
t rue, viz : th at tlie Cori ven ton, therein,'ei ther
did or die! not obey the instructions liy which1
it bad Worm to abidej - If it rlid iObeythexn,
then the method of calling, a Convention now
under, consideration .is; .revolutionary, f ' be
cause it j is not: inctudetl in j the method
specified and the method specified was by
the term s'of the act of 1834 ! tobe the only
method : allowable.? i So ; that the clause in
t ' f i nnnreniihn' shal
not be given unless br a 'majority of two-f
thirds. The other 'alternative . is, jthaV it
thel-n reniainFover nnd bevoikl the methods of
the .Convention by . thej JBeneral Assembly
to whisper that what they
as weu j rye, io great j extent, or j tne
of hem, here or elsewhere, and amortfrst
9, itt a remarkable decree; of the 'iiliui
one in no event,. tortitied by a power
al we know (of to briog.'the acts
nvention to the test of Its oblisratidn
as the Democratic party of 1854 in effect con-J
tended, i. e., the consent of the General
A t f hi hi ii fA mil
amehdiii!? the.Constitution, spevihett in -this to aeai swun iu
of 1&3K That Ik v appears upqA the face ot :
' . !!': . :! ' - : :' ' - M
the act, being placed ui 4, ectioa: by itsel
the last one added , upon . ccdeTfttou, and
b J wy of poWP were? ta the first
act I ilso B:jbmit'that -we have presented
to us, upotjthe (ace of " the prtceedings of
the Convention, tlUTtnethod jwlac tliat
body herein .lipped out oltbe? pjith'f its
daty ; and moreovelthat it; is jmpqrta&t in
pur present condition! that we, an O theieo
ple as well, should bbserve itri-the point
beings whether an oath is in ; fact a restric
tiou meaning thereby a substantial practical
hguarantwhicKa irecma fci:ccp 4t in
a case where his pghts areitataki,,..-
. I rote8teh, upon 'tfiet wbolP tnaitie
proposca vonveniion win nave Qtute as much
poWerlTthe f'ace'if hlltal &fce"S2rIo frf ftne1 interest upon ber jrist debt, regu
ted m this, bill, as it would hava in their, abkl
serice. :.,I see nothing in i your provisions
which'' a 'prudent 'man (.would be'wiHifro-tOf
iebture panjvbing of his Ixbertv. or . nronert 1
upon.. He will be aniteas saTe wtthoiitihoni!
as withthenfVandi irfS cMita mttcR (.'aatlf -
oni
gerpracUiaajy without! th4ih,ns itbilf mtii
,:i .Alter .rl)IVin( tn n or twn. nths
gestlous which haVe been f made Upon ,thu
j npon vim.
) longer.,'
poor, invm trouble the liOase no
ii I, gave attention, tot the amendment
way( of restriction, by .which the House prof
poses to put into ".the' new Cpnstituiion' nomt
nutimt with reference tp vyplume and- page
the Homestead decision in the case of ilill v,
Kesaltr'.y'l cannot persiiadf niyself that pro
ifessional gentlemen, or indeed any inember
jbf this liouseor, I'Ra'anyj-.jmtlligent
jbitizeu of the istate, believes! that-by such" a
provision his homesteiul rights will be any
noie' secure at the issue! 9 moyeraent
which you .are inaugr rating. They ! under-
otaiiu ui.ii, tt u.ii ciiuuiiiiers uieir nomesxeau.
is, a provision in the constitution iof thi Unkklft 11,1 i vents,
bid btatcs that, their security is the fact.
that a iniijority of the Court as now constitu
ted believe thai the Ifomeistetrdhas a retrospee
tlce effect without conflicting with Ithut Con-
stitutton
111 T.lrf.r CT-riT.
SAFETY LIES
IX THE PllKSENT : PKESONAIi
-C'OMPLKXIOX OF
tuat TniBirxii:; and? thatj no bcWlyj knows
whether that complexion caijt be changed, and
their i Homestead stand : and indeed, that
'every body believes that the! chances are, say,
a hundred to omj that it cannot. . Why then,
multiply words compelling the new judges to
stand by the decision in Hill vJ Kessler when
such new judges wilU be sworn 1 16: support,
above all things, the Qonstituiioji of the Urii
ted states, andjnust enforce the laws, as they
may understand and construe that instru
ment ! Your words Will keep promise to the
ear only, and break it grievously to the hope.
Nothing sir. among probabilities is inore cer
tain than, that the effect of this Convention'
will be to! destroy every. Homestead in the
btate whivli is threatened by an execution for
an old debt.. Your great cry is against the
J udgus ! : You will have their heads at all
eyeiJts ! -Well, Sir, when you have put them
out of office, there will be a great wailing1 of
wives and young children throughout North
Carolina.. They will! have the 'tribute- of
many a tear in humble homes from Tennes
see to .tlieOcean !- J Fi.Fa's and Vendtf
w ill. run riot TN Gentlemen shy that this is to,
ailniit, that these" Homesteads will probably
not last beyond the terms of Office gf the pres
ent Judges. If this be so, if "can furnish no
good reason , why these jtcrms should be
brought to a premature end. That the mail
may .probably die some time or other, is no
reason why nature shall be anticipated, by
a violent and premature f death. Let the
Homestead continue, at least for a few years
longer, and in the meantime their owners may
pay or make composition, !or come to, some
otlier satisfactory arrangement. You call
your election for the Convention in March, I
imagine that I can already hear its ' fierce
winds howling through . the State. They
will be recognized by us as! unfit emblem's or
that merciless rigor which the bidding of
your Convention will let loose to triumph
throughout . North Carolina, roaring down
the very chimneys, and penetrating the chinks
of the lot cabin : and. wherever, it . enters
carrying a victorious anguish ' and despair' to
tho very hearthstone
of the poor man,1 the
cherished sanctuary of his
ennnmg little-6nes.f 'M 1
patient " wife and
It tbc people be willing that this shall take
place, I dm sure that I am pot personally con
cerned to the contrary, it i.s epougn.ior me,
occupy iug my present position, , to call their
attention to it for consideratidniUi ' ( 5 "V
We are told, however," by gentlemen of iri
telligence and influence, tliat, it is .necessary
tb call t this Convention in j order to ..mlnuvter
relief 4 the people, in a point which demands
instant' attention ; for .'whici the' slow opera
ation of legislatlvemendirients will be mere
mockery. '". In this connexion we are: told ! of
the provision in the .presents constitution
.. . ...... 1.1 1...
provision for, the'iegular !apd f prompt pay
ment of the intefe8est upciri the State' debt;
that we have sicorn, at yonder desk, to obey
that Constitution, and thatj the iateresjlis now
behindhand amounts! yearly tq some $2,000,
000; We arc asked, with emphasis, Jiow we
arp to keen cur oaths without, ruining' our
j constituents by enormousi taxation and ks
gentlemen no aouoi are yerj- muui oppresotn
themselves by reflecting upon their situations
In this regards o, naturally, they areffyery
emphatic; in .presenting to f of us our raora
oblirations in case a' Convention be not'calb
ed a :-""' -" '-:' !
i , For the present, J make myself iveryispasy
about this dnty. L I do not; kuo what the
amouut of the.State debt! fs,aud antiri do
know,' I 'shall not : vote for any bill taxmg'the
people to pay its interest. 'The arnoiint is in
litigation ; gross frauds have been committed
in contracting it, and toiich frauds many.of
the holders have been, privy, if 'noliii(f act,.,(at
least according ' to the presumptions of Jaw.
The whole matter reqnjfes to be. looked, into,
afid ascertained ' Tins is VdutY which devol
ves upon us in '-this regard. ''MjK conscience
impels me in this tiin-ctioht X regard ; it iias
a jnatter to be, approached andeLtledTnqtas
merer merchants, ;br,' attorneys, but, in : the
spirit of in enlarged! statesmanship.4'' It is an
immense matter,' and grows, ' arid bedotnes
irioreXbbscuro as time passes. I would: ap
point a commission pf tlievery firetiJoUjcbs
tof the States upon liberal pay, and with $o
expecuayon uiHb luey woum give us y ) iucu
tinie until the matter was settled or brought
Within' compass, ana commii tne matter 'to
them, with lustracUons to report. j ehtre
no men m Our1 border too;, wise. orM too -great
for this purpose. I am sure it is economy, o
43jeir appointment , woulci
way, what is, tbemeasure: of (tbe relief, if hidr1
you. o5 w -7iioca coqsoieaoes. ue rein. it
- rJ - T '1 r .'' i .-1 '';:.: :'---l-' ''j; I;': ' .
it ftafd that wis have ' been virtually cvW if
lay tbi. tar ' It i admitted, I belleve;-thkt
the duty b'otieof taoe Which li wyeri ealVi
of imptr'fecd obUgatiobs t that is,' It etnno
be enforced, except by one's sense Of oonsden
tioatrf or religious obligation. - That Is the
whln extent f iC VI do not mean" to under
rate that extent, in calling attention to what
it is. riwar daty ia'eoasoicnce, andMt is tiid
that byamendiig the Constitution, siid sttik
ing t it butv- fmj Vitt relieve oa r- cOnsd enoes.
In the ;? iew taken by xbe gentiemeh wno hare
exhorted us wpon this point, perhaps we might
td tai fpaalified eiunt; -if or 1t would still ' be
admitted; by-ith'em after f the' amendment
asseoythat the fetste was botind tn' honesty
larry :anj promptly-- tor those are the terms
j herl centraoti She promised to do" ad. -
o jBut jlmdrehati thiwimvy-bb added. !; We
ore obedienoe;' at that desk, riot only to the
lCbnstitiaionf;i8. bntrtotlk;-Cnstitutiott
l thelptMtedrfitate'sr acjweU.vWliob'fll 'res fr
Jiew durconslHem-ei from rhe effect of 'this
part ff rthe o!Mh -) Does :Dot that 'Constiti
lion Cfeate ran imperfect duty it exactly
tho-dasVef taokOntvxreated bv the inrosettt
SUf Cumution) VlirtiTierf by tAa oaths 4f
II ... ... i I IVj .1 . .1' . ' 1 "
ine4vniwwers,tQ pay tnasaniereitt- 'regular
ly aild promptlvi The only reason why it U
twig an imperfect duty, is, beoause tbej Con-1
stituUoA VolUie United Suites was amended
h t . !an arly Akj -so as to ; pre i'eni ordi n arv
Lpersons from suirrg a State. But for that, it
woukl- be' a perfect duty, enforceable by man
t"Au in the! federal CouTts. ' What it lacks
cf eirTgf perfect 4, machinery1 to enforce lt.4
It has very other bond ; Tor instance, that of
moralsr and . u Jieie an oath of obedience to the
Constitution of tho, United States has ben
10 qune -tne (same extent wiui ourj present
Coustutiuiv whosei provision upouf this point
in jmer? IsurpluBage. ,! i.'v-f v-'
Fredem then from Only one of two oaths
to perfojrmp. ceruiu dhty, is no relief to the
oofkscienco?AvhicU remains'! burdened by the
debt ;, and is 'very far from bing any argtf-'
mnt- tn! Anil n ImnllAx K, T . .1 rt. ' t. ....
i10" that there is reason for supposing that
hi i rwiueiii 10 ouiy Bpring to cmcn m oou
CQcks,", nnd,that. the anxiety for relief herein,
i8r not very profound, or at least not very
wide-spreads !Becaus,, while the late G-ener
at; Asseaioiy wasieiuiug, wis. very amy im
pended jand pressed these who then occupied
tliese scUts. " et tliey did nothing, and prof
posed. Nothing, to the effect now .uuget-ted
as r uqvidable j Nevertheless. I. see gentle!
men who endorse this argument, both in 'this
House and .in the Senate, who were, hwre at
the last session, am, can give no good account
perhaps consisteat with the greatness i of
their j. ppsspnt idiV ;8s, of cousciencei oir the
zeal of j their exhortations to others against
the sin these pin so much risk of why no
bill, with thei r names endorsed as promoters,
looking! to such taxation for the "regular and
for 1808 or
not be found
public document or the last as
semblyl t These geutlemen deserveilly enjoy
our esteem,, ajid, that of : the public.
doubt they have agood , reason for their si
lence.' At least, until ! know better, I shall
make bold so to believe.
' 0"RIDI3Sr-A.-lTOES
s-iitnl -c:6f TIH5T 'i ':. -;: v'M
TO WN 0E ife S II ALL;
Sectw)x 1. Be it ordained by the Commis-
sionersof, in and for the Town of -Marshall,
and it is hereby ordained by the authority of
tlie same, that any person or persons wno
shall hereafter engage in retailing or selling
ardent-spirits, malt liquors, or any intoxi
cating drinks, except for Medicinal or Mechan-
.' . ' 1' ' ' t ' "" t i ' ' ' Til ' '
icat purposes, tq oe sow oy a regular jrnyw
clan, within tlie corporate limits of the Tow n
of Marshall, shall forfeit and pay the sura of
twenty-fee dollars tot each .offense. " '"' ,'
'Bjx' Be, it1 furtheif; ordained, That any
person' or, 'persons selling distilled, spirits,
malt liquorsi or. intoxicating drinks within
the corporate limits of the! Town of larshallj
shall forfeit and pay not less thanye dollars
'ndrmof e han'Jtfiy dotlarh "at thd 'bjcfe'tioh
oftne'May or for eacJi,and every offense,,, . ,
, ; Sec. ;3, Be, it fnrtlier erdained, .That if any
person or persons shall fiht, or encourage
Others i& fight withirJ s the corporate limits of
the Town of 3Iarshall, everv person so offend-
4 tt.; i "v. lin
ing, shall jforfeit, and pay the sum .of five
dollars; for each offense, t ..; , ; .. . t ! !
-) Sice. 14, . Be it .farther ordained J That- five
feet on iach side" bf the street be left for side-
walksi for1 persons walking,' and any person
or pcrsons,blockading , the aame, by hitching
a horse or other animal to a stake or fence or
in any other way jobstMcting said sidewalk,
shall forfeit and pay the 'sum of oka dollar
for eacli offense, i . .ji )', ! ''; ' ,- ' 'J
, , Sec. S.' Be Uj further ordained..' That if
any person or persons 'shall loudly curse or.
swtar- or use indecent or unbecoming ian
guage to the annoyanc of the public within
I the corjjQi;ate 'limns. of.pie,Town of jjlarshai,
hau tpfteit an4 pay tne sum ot iwq aouar
forcac.offeusejjf'-'s::j--fH,';r!'- :'.
' Sec; Id. Bo-it farther ordained, jThat any
peTSotf of persons who shall ' engage in mil
liirig a parse oj engage In horseyracmg w the
ftfeets bf1 Marshall, shall( forfeit and , pay the
9,i4tidoUa4$ foijaoli'offettse.fK; i
it -SECvfe Be it farther ordained, That if any
person br persons who" shall auffer ! a crowd
of persons to assemble at his or their bouse
or the house Uiey rniayfOocopy;Vi.tho i1"1?
anee of the poblio within Vitoorporate limits !
Of tie Town of Marshall, shall forfeit and pay
the" sum tftin dollar fiot'eaoh offense. : ,
.'oAriliv' -r J it X..-tU-rM,tkinaA Tbi. 'miv
nerson or persons who snau pennn wwr.w w
i i: . t a 1 ,1. .L- ' l
or iftnleij(droyera excepted) Wirun, atlarge
on -the troets of Marshall, shall 'forfeit and
par 4 stmt of one doO& lor each pffensej
Sjrarf
person jor persona firing, a gun.orpitol on
tbelMaln: sfreeori sixty feet , thereof for
aOoseiiieia or otherwise shall forfeit sod pay
Be it farther vrdsine.1, That any
promptt payment of tho interest
169, , fdr January! IB 70, j can
among, the
! A LITER1RY AND KOLITtOAl. JOl KNAU, . .
ISSUED 4VEKY TflUHDAY . jlOttXNf-?y
i M.'H.''ruf -f f -4 ti !.; h:.. -',: h tioiirt It
i r'- TERMS . OF SUBSCEIPnOX ., ,(
;TTwo Dollar, a Ykab; Oxr Dot. las ron ct w 0
ilojtTirs. Xiub Babscrlbers: Fire copies, ootyesxi
$8 IS,, and a copy of tho Atntrieam SaJk jmerfdy
fayaMOttobeiavarlably In dvsac6w. . .. rr-fVif
1.! " ! Jf
wn-vEditor and ftvpiittof n
.... i
oxTnsc.1-'":''' ' ' - -v'--- t-.ms- at
Sec i2. Be it further' ordained, Tint any
person or persons camping, a wagon, cart, or v ,
other vehicle, or making a ufire ,for camiiDg
purposes within ono hundred .yards, of. soy trx
dwellii-horiko, .table, Or any othcr baildlnji
In the; corporate, limits if AU Tpti 'V
Marshall, shall' forfeit andj pay the sum of
jive oWAxrv for each offense. ;t ' , t , jt J fj
Src. 13. Ie It farther ordained,! That ll,tr
male persons between the sge of elghtiea' u
and forty-five years.' and who have' been Ve' .
dents ti'lthiuthe corporate limits ofj tne.o'wrii''
qi Marshal thiity days next, prececiug
day of, warning, shall beJable to Work on all ,
streets andiretts:wlthlft.tljcorporarl4nits
bf the Town! Marshall, jor otherwise' psjf.
one dollar when warned, and on facing to pa,
or work, haU then forfeit and pzr: the tan
of two dollars for each offnse lntf
'.'V toSEC.- 1. Be It further ordained,' n
liiat' any circus or menagerie,' '.exhlbjtlrt'''
within! the corporation. Jiall oav a t.Vr of
person, or persons having! goods,' wares, 'or -II
meroJiiudiw 'io selVnd!shsll sell, said good
wares 'merchandise on Ithe Sabbsth dsy'J''"
(except shrouding pi medicines,) .hall forfoit
and 'bay the sum I of fUik kdlars for each.,,;,
ffXten dollars for each exhibition aral tiijii ,
any . slightof hand, Iraagio I lantern or i olberff f
shpw, 'exhibiting for monty, within the in ft
corporative limits ojf the Town, shall par thV"
sum 'of thte dollars tor eiich show.,'F f ' (1f
SecI 8 -to Skc. lb.' He ltfurthe'orJajnedj
That in all cases of riot or ruisdeinetinor, tub 4J
jeet to fines an;) pcualtiesj the iMayor, inay
alleviate or omit the same when lit'l'hUMaJrf.V '
ment the case so hirits. j U'f ' U '
' c. ' , . t . :l' t. '.t.. Lli '' W.i "l'i
brJaifleilTbatiQjJ
default of the payment of
any
hoe or ooiu
due for the violation of a
iy of tiMi Town Ur t
dinances. the person or persons sit defaulting '
shall be imprisoned, not to exceed thirty Hsr
atthe (liscretion of the'. Mayoij j Yoef tiy
They nay, be 'released at any tline upon the
f a. i n ( -.t-'."1.
' nicii, )" iuv uiiv aii Ait vvbu,i
is further ordaintd, That the Onl
be in force and effect on Ian after the
day of JunvA. I.,'1869J- : ; j 1 ' ; :
100k
Ratified in Council this June lit, 1809,
tit
Marshall , Council met
May
and
Itb,' 1871, t P
adopted all Laws,1 Kule
heretofore in force. '
ItegulaUont ,
.. i ... i j
DIt.J.K.HAnD,WlOKi
DK. JESSK WALLIN,
J. JJ GUDUEll,
C. A. NICHOLS,
W. F. KUNNION.
Tvtvn
Cornmittiofurs
i - ' ' 1 1 I
! ' Tl V 'in avis iriu'"'
" S, AM . JlcENTIKE, JIr,hal h M . . j
: Li.
Efeects or Prkaciiiso oy , CocrxTixa.---J
There is ail island on the I coast of .Virginia,
wheie the people in times pant hv not beeuj:
"righteous 1 overmuch." ) During the past
year a missionary has taboreii among them,
with considerable!' success. Not long ago,;
as tli is good man i was busy working in hi
shirt-sieves on a new church which was in
progress of erection, a .tout .ea-ciprain hail-.
ed him : : , j I
"Are vou the minister h
icro ?1
"Yes, sir.? ".''(Ii
"Well, I've got ten dollars forybii.
For tho Church r
"No, for yourself. I
like your war of
doing things here . I've Come to this
island
for1 clams; a good many
always found . .them a i
years, and hsvey'
thoutand or fif
teen hundred, hort when I got hems. U
will pay me to hare yoa keep on- prc.chlajt
doctrines which make the people count thuir
caima hone.tfy." If 'i ' ..i'' -j- -f!
T
A Chikess Seemos.-1 iThe 1 following df.
i
Course' by. a converted. Chinese tailor, 'With
reference to'the merits! of ConfucianUm, ,
Buddhism, and Christianity,' i. wrth' pfesek
ving ; A man had fallijh into a deep, dark
pit,- and lay in its iqiry bottom groaning and .
utterly .unable IbVniove," Confuciti walling
bv, approached the edge of the pit, and 'iall.
l"oor fellow ii am' sorry lorjou. vny
verv much pained msec you there. u I1 think
If you could scramble up twoithirds of (he
'wayj'pr even half,' I conld Aach and jift FyoH
tip the rest.' But tho'tnnn.inl the pit 'was en
tire! ht-Iplcss, and unablcj to rise. J Next' tKo
Saviour came bv. ail. hearing' the trie.
went to the very'brink of the pit, atretched
tlow rt and laid hoii or tne joor man, orongnt
bitn'up and iaid, KJo, and sin uoraorw
I j- j-.. '; j. : .i Hi.
'' lie. Still Sonny.' j 'f !
To ' member''', of the West 'Virginia
;Igislature lately took n peeping fcaral Craft
ton. J The ears w;ere crowded, and the two
had te sleep together. ;One ' was fat the
other was lean. The fat mart snored, and the
lean f one had to lay awake. - At about mid
rilgbVtbe insomnio legiilator eonUJ no ipngsr
stand the stentoriou. breathing of -hlf 'male.
ami he arose and sal by the fire.J 'An-l Ala
lady' entered and wonted s place to sleep,'
f'Go to my berth," said the sardonic lean oaej
"I left my little by there asleep; j ,1 shall sit
up. I must think of legislative things.!- ,
- So the old lady' went to her berth, disposed
of her garments, sod laid down.h Preseotir
the '"boy" kicked. Then the lady patted
him on the liackj and said :j Lie .till, sonar;
pa said I might sleep along with yon." 4Oh,
no If r oo red he bison aj boy no more, I bat ft
bison : 1 Thunder 1 who are. roo f I . sinV s
boy I'm a member - of the West -Virginia
legislature." f The lady then j went ' ats a
swoon nor could shejte aronsed until the 1
fat man had promised her that bo would
have the lean bno impeached.' ' ,;i
,..v-,j' . yJil ; A.-U.,, ;.(,, '
" . V ' mm
t. tne marriage contraci-or; me uridsoi
Lainmennoor has quito lately beea ditcorered
at St. 3Lary Inle, the seat of the Earl of Sol.
kirk. It was evidently unknown to Sir, Wal
ter wheu he wrote .tho hovel.
N ew, Haven boasts of a boro-ohe$tnt tree
that blossoms on one side only . one year, 'no
the other sida.the next year for six snocossive
rears; and then'inturrnpts the regularity by
blossoming all .' over on the seventh yeati' (
'-' The Americana in Rome are much pleased
because Harriet llosnw's horse; Blason.' has
beaten three I talis n races in a recent steeple- J
chase near that city. Blazon Icsped "ditcaeiyj
bank sand fences in admirable style, sod etmT
in s long way anesa.
were you such a fool aa to pet in there I,t
nip give you apiece ot advice : ."If 'fxrt'gtx .
out: don't get m 'again.' 'A Buildhlit' priest
ftextl came; by! and said. floor fell w ! I sfn
r.i, i
f.
11 Sxc ii.
!:.'
;.rt;. ::