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Published, very Friday, hj WETOIf GAIES, Editor aud PryHtor9 at Tbe DeUsurs per Anar.ai.
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FRIDAY, NOVUMBEB 7, 1845.
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RALEIGHJ
RALEIGH. N. C.
Tuesday, November 4, 1845.
MAIL FAILURE.
The Northern Mail due on Sunday mornine, at 9
o'clock, did not reach hre until 8 o'clock Monday
morning;, in conscience oT the breaking of the Pie
ion of the Engine, just after leaving Gaston.
THE BIRTH-DAY.
The antipathy to eriou reflection entertained by
the generality of mankind tajnch, that nothing but
the occcrWnce of calamity, or the anniversary of
some period marked by sorrow which we cannot for
get, or by joy which v. cannot recall, is capable of
turning the mind to sober ana useim meaimuuu.
The, giddy round of lif. goes on j we engage in new
projects, indulge iu new hopes undismayed by the
ifailure of old ones, aud are incessantly occupied with
be effort to banish the retrospection of the past, by
indulging the visions of the future. As has been
(Observed, however, there are times when these efforts
faft. And one of these, is the recurrence of a birth
tlaythat subject oi joy in childhood, and of serious
ness, it not gloom, in maturer age. In the former,
it is hurrying, nt on to the wished-for period, when
we expect im act with independence, and to enjoy
without restraint. Iu the latter, it is sweeping us
headlong to the close of life, embittered to many by
disappointment, aod drawing to an end, for which
II feel they are unprepared.
Reader, do not be alarmed ! We are not going to
write a Sermon nor are we one, whose mind w
soured by disappointment, or racked by rerqorse.
On the contrary, we have attained the nil admirari
sort of tranquility, inspired by experience, and be
coming our age, and have learned to live ou the phi
losophic principle, that " all that is truly delightful
in lifej it what all, If they please, may enjoy."
NEW HANOVER SUPERIOR COURT.
The " Wilmington Journal" noticing the Superior
Cijrt for that County, aays " This is the liuet time
Judg Caldwell has travelled our circuit, and ws are
such gratified to hear the encomiums which the
aaVmeers of the bar pronounce upon the dignity with
hich he presides, and upon the untiring industry
which he .ihibits in the despatch of business.
CRAVEN SUPERIOR COURT.
The " New Beruian" says" Much business was
d.sw at this term, and Judge Battls. left ua, highly
a.d most fav.ra.bly impressed with the ability, im-
I partiality, and gentlemanly beariug, with which he
in WaiMliarge. iUrtVpaftalft dtf f bis msponsib
Sce .
Our new Solicitor, John S. Hawks, Esq., dis
charged the duties of his office, with fidelity and teal,
and we think, very much te the satisfaction of the
community generally.
We cannot close these remarka upon the Court,
without saying tiiat th. despatch of business was
greatly promoted, by the promptness, assiduity and
attention,of our excellent Sheriff. It was remarked
by one conversant with the fact, that every process
from the Court was duly returned and executed, ex
cept a subpoena for a witness, who was absent from
the County. The of . of Sheriff is a very essential
ae in the administration of Justice, and should be
filled 6y a person ' honest, capable and faithful."
We congratulate our County in having an Officer in
Francis J. Prentiss that comes up to this description.
If all oar public men would evince the same pride in
the faithful and holiest discharge of their duties, and
th. same sense of the obligation they are under to
thoss.wh. hav. trusted their interests to their zeal,
fidelity and ability, th. public would b. far better
served."
TENNESSEE.
The Legislature of this State are trying to elect a
United States Senator, and the Democrats appear to
b in a perfect snarl. Though they have the ma
jority, there are so many aspirants for th. post, that
th.y cannot rally a majority an any one of them.
Th. balloting commenced on the 21st October. The
two prominent candidates were Turney and Nichol
son, both Democrats th. Whips throwing their voles
chi.fly, upon Bell. At the close of the 9th ballot,
Jthere was do choice, and the two bouses adjourned.
Th. next day, four mora ballots were had, and still
no election. On the 13th ballot, the vote stood,
Nicholson 40, Turney 39, Dunlap 9, Bell 6, Henry
5, Foster I. On one ballot Nicholson received forty-
one voles and on another Turney received 43 votes
AMBITION.
A late writer defines Ausitiun to be "a mental
dropsy, which keeps continually swelling and increas
ing, until it kills its victim." This is caustic, but
strong, and very near the truth. Deeming naught
oone, while aught remains to do, it is necessarily rest
less. Unable to bear any thing above it, discontent
must be its inevitable portion, for even if th. pinna
cle of worldly power be gained, its occupant will sigh,
like Alixandkr, for another glob, to conquer.
THE HENRY CLAY VASE. "
A sitgnificent .Silver Vase, upwards of three feet
la fae ijhi, very skilfully and beautifully wrought, has.,
extracted much attention at the Fair of the Ameri
ca Institute, in the city ol New York. It is said
t. hav. coat thousand dollars, and to reflect great
credit .a tiM manufacturer, Wm. Adams. The fol
lowing inscription upon th. Vase discloses its history
ana aestinatioa :
PRF.StlFWTTM rwh ttt-xtti ir e T v
Bf Ot QoU Mi Mver Artisam of the city tf
dU tribnU f their respect for tb. faithful and pa
triotic manner in which be has discharged
L' r ''t11 PUN trusts, and eupe- .
eially for bis early and untiring adv.es.cy of
- " Paoracnoit Ausaic Ikdustrv."
XT A special election is to be held in the third
-ougresstonal uutnot or ueorgia, on tb. 5th M Jan
uary next, t. fill th. vacancy occasioned by th. re
foatiM tt th. Hon.'WAWii.vuToa Pot ,
"TIIEVEN'ERABLK Sgfelp."
In relation t the docoment published under thi
head by the M Greensboro' Patriot," aoT conievitote
thU paper, the " National Intelligencer" temarka
Th. document which acceirwaniea the1- above
paragraph in th Patriot is signed by Joits Hancock,,
President, attested by Charles Thomson, Secretary;
and dated Philadelphia, July C, 177ft It is entitled,
" A Declaration by the Representative of the United
' Colonies of North America, now met in General
Congress at Philadelphia, setting forth the causes
' and necessity of their taking up arms."
. As the Editor of the Patriot appear to be unaware
of the origin and occasion of this ancient document,
it may be acceptable to 'him, and perhaps to others,
to learn something of its history. This Declaration '
of July, 1775, was the most Important and one of the
best known public papers of its time. , It is to be found
in many collections of Revolutionary documents, in
one of which it now lies before us in extenso, belong?
ing to the valuable antiquarian library ol our iriena
and neighbor P. Force, Esq.; to whom we are in
debted for some historical notes connected with the
. pap,,r j qncstion; which may refresh the memories
of many of our readers in relation to some important
incidents of that heroic age.
On th. 15lhof June, 1775, the Continental Con
grees " Resolved that a General be appoiiited-lo cora
' rnand ail the Continental forces raised or to be raised
for the defence of American liSerty." 4enenl
Wasiunoton was appointed .the same day, and re
ceived his commission of Genera), and Cotnniander-iu-cuief
on the 17Ul, He left Hiiladelpliia on the 2Ut
of June ; arrived at Cambridge, Massachusetts, and
assumed the command there ou (he9tluf July, which
date his first General Order benrs. The Frovinciu.
army, previously under the command of Geueral
Ward, befure Boston, now bscame the Continental
army. It was in justification Of this that the Con
gress published the Declaration now brought to notice
by the Greensborough Patriot. '
On the 23d of June a committee of five members
of the Congresa (Mr. J: Rutledos, Mr. W. Living
ston, Mr. Franklin, Mr. Jat, and Mr. Johnson) was
appointed " to draw up a Declaration to be published
by General Washington on his arrival" at lh carr.;i
before Boston." The committee th. next day re
ported a Declaration, " which was read and debated,
and after soma time referred for further consideration
till Monday next," the 26th. when it was again con
sidered, and, after some debate, recommitted ; and
Mr. Dickinson and Mr. Jefferson were added to the
committee. The Declaration was again reported on
Thursday, the fith of July j when, after further de
bate, it was adopted and entered at length on the
Journal of the Congress. It was read before the
Army at Cambridge on Saturday, the 15th of July.
The reading of this Declaration at Cambridge and
at Prospect Hill was thus noticed, at the time :
" Last Saturday, July 15th, th. several regiments
quartered iu Ulis town, (Cambridge,) being assembled
upon the parade, the Reverend Dr. Langdon, Presi
dent of the College, read to them ' A Declaration by
the Representatives of the United Colonies of North
America, now met in General Congress at Philadel
phia, setting forth the eanses and necessity Of th.fr
taking up arms.' it was received with great ap
Dlaune. and the approbation of the Army, with that
of a great number of ether people, was immediately
answered by three huzzas. His excellency the
General, with several other general officers, &,c.
were d re stent en the occasion.
"On Tuesday morning, the .,18th, according to
orders issued the day. before by Muior ueuerul t ut
nam. all the Continental troops under his imme
diate command assembled at Prospect Hill, when
the Declaration of the Continental Congress was
made by the Rev. Mr. Leonard, Chaplain to General
Putnam's regiment, and succeeded by a pertinent
prayer, when Or.cral Putnam gave the signal, and
the whole army shouted their loud amen by three
cheers; immediately npon which a cannon was fired
from the fort, and the standard lately sent to General
Putnam was exhibited flourishing in the air, beariij
on one side this motto, ' Am A rrfiAL to Heaven,' aud
on the ether side, ' Q:i iranstulit sutlinet.'
" The whole was conducted with the utmost de
cency, good order, and regularity, and the universal
acceptance of all present; and Philistines on Bun
ker's Hill ' heard the shout of the Israelites, and, be
ing very fearful, paraded themselves in battle array.' "
This Declaration was circulated throughout Ameri
ca in newspapers and pamphlets. An answer to the
Declaration appeared, in a pamphlet of ninety-tw?
pages, entitled" Tim Bights of Great Britain asserted
against the Claims of America: being an Answer to
the Declaration of the General Congress." This An-,
swer was printed and liberally distributed both in
Great Britain and America, at the instance, it was
said, of the iiritisli Government. At least eight ed
itions of the answer were printed in England and
one in America, in 1770.
LATER FROM EUROPE.
By the Atlantic steamer Great Britain, we have
dates from Liverpool to the 11th ultimo, and from
London to the 10th.
The commercial news is, that Cotton had slightly
declined ; the market for bread-stuffs continued firm,
with a tendency upward; business was brisk iu the
manufacturing districts ; iron continued to advance
in price ; and the produce markets generally exhibit
ed a buoyant feeling.
The harvest, it ia said, will yield indifferently ; and
this, combined with the failure of the crops on many
parts of the Continent, from which large supplies have
been drawn in former years, was expected to carry
ths prices of breadstuff up higher than they hav.
yet been. The general failure also of th. Potato
crop, formed a primary element in the upward ten
dency of prices. In England, however, th. disease
in the' Potato in many districts had nearly disappear
ed, leaving only a small scab behind, which will not
materially injure the properties of that valuable es
culent. O The Memphis Convention, to which delegates
have been appointed from the States of Michigan,
Ohio, Indiana, Illinois, Pennsylvania, Virginia, Ken
tucky, Missouri, Mississippi, Tennessee, Arkansas,
Louisiana, Florida, Alabama, Georgia, North and
South Carolina, and the Territories of Iowa and
Texas, will assemble on the 12th day' of November
instant. Its proceedings will be watched with deep
interest. To show the purpose Of this gathering of
different States, we refer briefly U the following, as
some of the) important objects wtych will be consider
ed : 1st. The military and naval resources of the
South and West. 2d. Jhe irriprovement-of the Ohio
river. 3d. The improvement f 'Western rivers. 4th.
Connection of the Illinois river with the lakes, by a
ship canal. 5th. A Western Armory. 6th, Milita
ry road from Memph through Arkansas to he fron
tier. 8th. Western mails. 9lh Marine Hospital on
Western Waters. 10th- Agricnttur. of the South
and West. 12th. Railroad connection from Mem
phis to Charleston, S. C., and the connection of the
AQaatic with the Western waters by other proposes!
routes. "Much interesting information will doubtless
b. developed.
DREADFUL AFFAIR AT.1JOSTON.
The City of Bosiou was thrown Juto great com
motion en Monday morning, by the' development of
an appalling outrage committed the preceding oighf,
involving the double crime of murder and arsou, and,
in its character, bearing a melancholy resiemblano. to
the celebrated Helen Jewett tragedy. The particn.
lars of this dreadful affair, as detailed in the Boston
Times, are in substance as follows ; .. '
" A womau named .Maria A. Bickford, Jroung
married woman of great beauty, ague? 23 years, was
murdered in the morning about half jast 4 o'clock, at
an eid brick house in Cedar Lane, ia the West part
of the city, occupied by Joel Lawrette. The hus
band of Mrs. Bickford is now understood to be; in
Maine. The uuhbppv wonlan was found in her
room, on the floor, at the west part of the hoese, with
her throat cut from ear to ear, and a raxor lying at
her head., "
The tioasein question has bees- considered by the
Police for several years to have been used fer illegal
purpose. The murdered woman to all appearances
was first Ivine on the bed, 'when the razor was ap
plied to he'r throat She then probably Waned over
the side of the bed where she bled in the seat ol a
chair, and at last fell, or was pulled eff ou to the floor
near the fire place. She had only a chemttt on her
berson, and tbot was partially burnt. The bed clothes
were set on fire, also a closet in the room and a bed
ia an adjoining room, and some bed clothes that were
piled against Ibe door of the front room, in which
some of the lodgers slept. Her f.iee and body were
.good deal burnt, as also a conaiderablti portion of
the hair on hil head. From a view of her person as
she lay on the floor, she possessed much beauty of
person. The contour of her form was full, her face
was round and indicative of health, -and her hair was
of raven blackuesn.
The individual who did the deed, left behind in his
flight a pair of drawers, a vest, a stocking, und a
bunch of keys, Ac.
A jury of inqiinst visited the premises in the fore
noon at half pant 11 o'clock, and found the room,
which is on tho second floor, iu much confusion.- j
Among' other things, a trunk of clothes, in Which :
matches had been intrcduced was much burnt. The
body of the murdered woman was much disfigured,
and presented a. horrible appearance. She lay in her
blood on the floor, and the articles in the room were
more or less stained with it Some matches and a
comb were found in the bed on which she had lain.
Among the articles in the room we noticed some lir.es
of music, an accordian, a bottle of cologne, a parasol,
gloves, shoes, eVc. The jtijrular or wiudpipe was
cut, and the throat entirely laid open. It seemed by
the bloody water in the wash bowl that the murder
er, after consummating thetieed, coolly went to the
wash stand and washed his hands
The individual who passed the night with the de
ceased, and who, it ie supposed, is the murderer, went
to the house in question at 4 o'clock, Sunday after
noou, stayed half an hour, and was again there at I?,
P. M. We learn further, that when he retired from
the room, after the act, he was heard by tho inmates
of the house to slip on the stairs aud partially full
down. Some of them have recollection aloo as to a
scream being uttered by some ono, evidently by the
woman w ha. was murdered,
The jury found among other things in the room, a
letter addressed as follows : " A. G. T. to M. A. D."
The unfortunate female's maiden name was Maria
A. Dunn. She former! v lived in the vicinitv of Kn.
IMP K1 rtirrls.1 U f . 1 . 1.
Iiickford.
The suspicions of the police have fallen on Albert
O. Tirrell. He escaped early in the morning from
the City. About five o'clock, soon after the deed
was perpetrated, lie went to the Stable of Mr. J. F.
Fullum in Bowdoin Square, and got a person to take
him out of town immediately, aud in the direction of
Weymouth.
The person conveyed him out, and returned at 11
O'clock, A. M. yesterday. Soon after his return, the
required legal process was provided, and four oflicanr,
fully prepared for any emergency, started iu pursuit.
He can scarcely escape an arrest. We learn that
he has a wife and two children atTVeyniouth. Jt
has been Ascertained that the keys found at the room
of the murdeted woman exactly fit the locks of some
of his baggage.
In the late Message of Gov. Jones, to the Tennes
see Legislature, we find the following excellent
paragraph. He considers that among the first and
most efficient auxiliaries in the accomplishment of
the object of a well-regulated system of self-government,
is a perfect and enlarged system of education :
' I have no confidence in man's capacity for self
government only as it ia predicated ou virtue and in
telligence. Millions of public treasure are rnnuully
consumed iu giving strength and security to our
government, by raising armies, fitting out fleets and
building fortifications, and scarcely a thought is be
stowed on the far more reliable safe-guards of liberty,
rirtue and intelligence. The policy of the govern
ment seems to be, millions for au army er. navy, uoi
one dollar for education, not one incentive to virtue.
As a means ef giving strength and permanence to
our institutions, tho influences that are constantly
emanating from your schools, colleges and academies,
are far more to be relied oa, than all the armies and
navies that the government can command."
" UT The Whigs of New York City had a grand
meeting on Tuesday evening, preparatory to the elec
tion of next week. The following is one of the Res
olutions adopted:
Retolved, That in triumph er disaster, in glory er
gloom, there ia o.sa American statesman whom ire
can never cease to regard with a confidence and love
auieu w veuerauou , uibi, in ine great calamity 01
last November, while our first thoughts were of our
Country, our second were of him; and since then,
whenever gladdened by tidings which assure us that
the reign of shuffling incompetency and mousing me
diocrity approached its end, our hearts instinctively
prompt the exclamation
Here's to yon IIarrt Cuv !"
The allusion lo Hkmrv Clay was received with
loud, long, protracted shouts and cheers equalling all
which (he announcement of that name ha ever done
at National Hall. " .
37 We are glad to see, by the following statement
in, the " Augusta Constitutionalist," that Mr. Gain
xtt was not so seriously injured by the Railroad col
lision as was represented by the first accounts.
"The accident upon the State Road, 18 miles a-
bovo Marietta, which occurred last Tuesday night,
is a very shocking one but the first accounts we re
ceived were exaggerated. The cars which were
transporting iron to be laid down, came in contact, on
their rettfrn to the Depot, with a car loaded with iron
which hiii been left on th. road. The Conductor,
Mr. Highsmilo, bad his leg so badly mangled, that it
waavneccessary to amputate it. It is thought that
b. cannot survive. The Chief Engineer, Mr. Garn-
ett, suffered a simple fracture of a thigh bone. He is
doing well. Mr. Stockton jumped off tho platform
ha was standing on, at the moment of the collision,
and received so violent a jar, that ha was picked up
insensible, and was delirious for more than a day af
ter. He has sine, recovered his mind, and may get
well. He received. external confusion, but it is
feared that he has sustained internal' injury, which
rsnders bis aituatioa antic!." . -
COMMUNICATIONS-
KOR THE AKGUrSR.
It has always been a matter of astonishment to me,
Sin Editor, that the Whigs of Raleigh should be so
blinded to their own interest and to the successful ac
complishments of. the aim and wishes of the great
Whig party generally, as in all the elections that lake
place, though they may have candidates of their own
politics, from some frivolous reason, abandon their
own candidate, and cast their votes for a Democrat.
I am more surprised at this course, becuuse it is the
seat of Government and a highly inteltiirent popula
tion, a majority of whom are Whigs. I look upon
such proceedings as wrong; and when I see a .man
voting fun a, opponent in preference lothu nominee
of the Whigs, I can but view it in ihe li:ht of an a
bandsjFimeiit of his own cherished principles and t&
itly acknowledging those of the opposite party to he
correct. What uucouraemetit in there for men of
standing and intelligence, to become candidates for
any ".'Anointment, when they know there is a mnjor
ity of Whig but, judging from jiast occurrences, h ive
no Mason to expect that they will eiisluiu their prin
cipHwi Ly c tutting their votes for the person who they
fcndw wiH carry them Out. In the late Election for
Ccij.greas, many Wlihrs voted for the Dumooratic
Candidate, in opposition to their own. That course
gave the Democratic candidate a very large majority
ru u.e Aismct, wnicn went aoroau as a rem gain 10
the Democratic Party. And,, this too. iu the must
important District in the State. What reason have
we to call for uid upon the other Counties, mid count
so.strong upon iliem to support 'Whigprinciplvs, when
we. the c:li7.on of 'Tlitiiei!i, having u lar-' majority
of Whips, at nrary every election, vote for meu of
opposite politics. There is no dependence lo be put
iu us, as I have frequently heard gentlemen from oth
er Counties say, who would, front our loud prof.-sMons,
expect us at a'l events to vote the Whig strength in
the Town. 1 Lave known men ill the Town, who
were good WLijjs and would make good Officers, so
licit the petty Office of C.'onsUlile, and iiitend of he
ing'supporled by the suffrage of their part y, whei. '
they kiirw the Democrat would vote, for their cnu- ,
didate to a man, the Whigs have !eeu cajoled '
into the support uf men, 'viio would as 50011 think of
putting their hands i.i the tire, as in the hailotbox
with a Whig vi.te in it. Such proceeding') are cal
culated to muko the Willis luLeu 'inn, Hitd drive
many from the nuiks. that woi.UI otherwise he
stannch supporters of Whof dootiines und V'lnJ; mea
sures. I tru.t, .Mr. l.d.lor. tn-n-iuitr, these Ihinirs
may be recollei'ti'il, and whenever -,ve may oe called
on to cast our nii0.'iai"i, 110 in.it'er Iww iiitiinpoitant
the Oilice may bo cnu.i:dired ;lr all have .in influ
ence and many .'Xiiri'ise th.! iiiMiience greatly to ttid
prejudice and detriment of 1'.e Whig party) there
will be a Whir; ruilyumi iiua:.ii:iiiv uiirivalluJ in ths
atiuals of voting in l.iv City of Kalcili.
JT) THE RF.OTSTETI.
Mr. Gales: In the lant number of the Begislcr I
see a notice of the cbso of Tohiah Godwin, .!io tu
you eay, " may have been the victim of a harsh le
gal presumption." Iknow the opinion is wiry gene
ral among the Legal profession, and is often found in
the English text -books, that when a homicide is onco
proved, the law presumes malice and makes it mur
der, unless the prisoner proves lils innocence. Cases
may be easily supposed, like that of G0nv.1v, iu
which this presumption might lead to tho most ilc-
r piorable resulU. It is. well, therefore, m ask whether
this be indisputably the law. It hus at least I een
disputed by soma Judges. Judge Wild.-:, in giving
a dissentient opinion hi York's ra -f, reported in 7
Law Ileportor, 407, speaking of tlm struugo atii ma
ly in Criminal Law which relieves the State from
the onus of preving its charges, and imposes en tho
trembling Prisoner, in a case of life and death, the
necessity of proving his innocence of malice, thus
traces Hut. stringent presumption to its source:
' "If the presumption ever was a rule of law, if
arose in early and barbarous times, when the rights
of the accused were few and ill seccred, and the rules
Is to evidence were arbitrary and irregular. It has
nowhere been a subject of discussion in the books,
and we appn iicnd that no decision of later limes can
be found to support it The dicta relied upon fioin
the books ate tuken from tho cnes of special verdicts,
where the ipiestion of the burden of proof did not and
Could not aiise. The earliest case is that in itclyng,
"which is on a npocial verdict. So in Onsby's case,
the court refer to iielyug. In this case it was held
that the jury were to find the facts, aud the court to
judge of the malice ur oxteuuation. And so it was
for a long tune considered, and the deciuons were on
special veuiii'tH. The question of malice or not did
not present itself lo Ihe jury. Vet the few dicta iu
these cases are the loundation of ihe language handed
down iu iht books. Now, the jury are to judge of
the malice upon the evidence itself, and not by pre
sumptions of law applied to it. If thry hud found a
special verdict ui tins case, it would hav been that
the homicide was proved, but that as to whether it
was in malice or iu heat of blood, they entertained
reasonable doubts upon the evidence, though the pre
ponderance of proof that it was malice. Could Ihe
court, npon such a verdict, have passed sentence ef
death T Clearly not, because a material fact, charac
teristic of the crime, was not sufficiently proved.
There is another view of the oiigin of Ihix supposed
presumption. Murder, according to Ulackstone, was
originally applied only lo secret killing, as its deriva
tion denotes, ft was made a distinct enme by Canute,
to prevent the secret awasfcinatious of Ins countrymen
by th. English. It was continued, for a like purpose,
by William the Couquerer, in behalf of his -Normuns.
So it continued until Stat. 14 EJ. 111. ch 4, hy which
the difference between secret aud ripen homicides
was abolished. The ground of the presumption, if
any good ground ever existed, wss then tuken away.
Wbj text-writers have not traced the maxim lo Us
source, Is certainly very remarkable, but it has
never been a subject of diecussioii, nor have any
modern cases beeu decided upon it, that I can find.
Blaokstone says, that every homicide is presumed
to be malicious until the contrary appearelb, and
cites Foster. But Foster only cites Oueby's case, in
which is only a dictum, and a relerenc to a similar
dictum in Kelyng. These dicta were in cases of
special verdicts, as we have seen. In Kant (here m
a reference to Footer and to Lord Halo ; but Hale
does not support the presumption in question. He
speak only of a killing without provocation, or by
poison, which is deliberate and cannot bo crtemiatml.
Coke, in 3il Inst., says that mulice is implied when
one killeth another without provocation, or by poison.
Neither Coke nor Hale give countenance lo the pre
sumption coateaded for. The case in IS C. dt P. J:",
was one of secret killing, where the prisoner offered
Ho evidence whatever to explain the' circumstances.
But in the same volume, p. 15, Park J lays down a
rule, the reverse of the one contended for", namely,
that the homicide fixed ou tbe prisoner may be man
slaughter or murder, as it may turu out in the evi
dence, unlets the prisoner shows jt to have been ex
cusable. In my judgment, the following positions may be
maintained. 1. The presumption of malice from the
mere fct of killing, is arbitrary aud unreasonable,
and had it origin in a barbarous state oi the) criminal
law. 3. If it e , er justly applied, it was only to secret
homioidos, as open homicides were not murder, until
14 Eds?. III. It cannot be extended to homicide
committed in presence of witnesses In such cases
the jury decide whether it is don. in malice or in hot
blood, according to tbe facts before them, and must
not giro a verdict for malic unless satisfied that it
was of malic. If Hi presumption of Jaw ia applied.
the only material fact is the killing ; and th. weapon
used, the manner of the act, and all the circum
stances beceme wholly immaterial. Evidence as to
them need only come from the prisoner at bis risk
and peril. This cannot be. 3. If there ever was
any such presumption and it appears upon examina
tion that there is reasonable doubt whether the pre
emption ia woll founded the prisoner cannot be con
victed, especially on a presumption so unreasonable,
and so dunjrerous to hie. 4. 'i'he burden is on the
government to prove the crime charged, and that be
youd a reasonable doubt. Especially should this rule
apply in capital tiials, where the specific fact to be
proved is malicious killing; and where nothing ought
to justify the sentence of death, hut an unbiased
inorsl conviction of (he ;;ri.'oner's jruilt of.lhat spectfio
ciimp. There is no principle, of authority in
criminal law j". lifyiiiir a con tie) ion on prepondera
ting evidence, ontrsa it removes every raasoiiabls aud
ouudianiiai tlonto.
THE Winds or THE STATE STlRRirfff.
In a'imthtr column' mnv he f..timl a rfpnrt of the
procoeJinpi of a Wh ir Wp ting held in Bun
combe county on ll,o 7,h instant, having refer
en.' for the next ejection l..r "(iovrrnorin this
Stale, which will occur in Aucuat nf thr ensuinc
j. year.
It would germ full soon lo agitate the
auhject ol Ilia nc.it ti'ibtrnaiorial election, but
we do Dot know that any h irii-'lil come of it.
At any ratp, thers is no necpsaity for cntenig
into tlm battle yet awhile. It may - be as wTl
though, to nok about, survey lhn jjrninH, an !
Bland prepared to lake up an advantseuu posi
tiun. The Bunrnmho Yhig it will be ohwrvrd re
commend thi! holding of a Whig Convention R
biuit the firt week in January. The Kaleigh
Ktfisicr thinks, it will be tuo early a period, and.
sn'irestR that, the month of March or April will
be (pritn early c tiouph. We are in. iinsd to think
'hat the latter part of Janitarv vvili he a more nrn.
I pitious scct-on for the purpn.,e than cither refcr
1 r.'d to. Tho first werk of January is one durisg
j which the pi'oph' generally are ery itinrh ftn-
fracd in slave luring (or the year, mid March
anil April are planting rnonths. MpiirnuM 1'ivf
iiome lo atter 1 a Convention towanls ihe I f t rf
.'amiary it an likely with n little inconvenience
as al any othpr lini t !!; y?,ir.
The resolution ndoiitej" by the Bnncrmhf
Wli"
a appro
ry of the in! 1 11 i is' r.l I it-n ol Gov.
Gr;iii:i:ii, wii!, w,; feci warranted in sayin't, be
warmly responded tu hy their brethren ol this
.Stale, and chould lu,i name be again presented :i
tbeui tor their suifr age.1, they will nut. Ih bark
ward in iicstoni;ij; inii him renewed tkna ut
their i:o!)!l,lenciv WHmintim '!ironi-lt.
c7ya' i' ""r-."" b,... ia
In tiiia City, on MomUy tiiorninir, at the Pre.ihyte
.ian Church, hy the Uev. 1'rury l.sey, K. A-!S. iVla
thewH, Knq., Attorney at Law, of linz.ibeth City, to
Mi.-H I'mices lindwHll, daughter of Col. S. Uird-.iail.
At Chapel Hill, on tho lir-ili nil., by tb Uev. Dr.
Wilson, Kitnueii J. Asiik, l'.sq.. Attorney al Law, of
Hilbboro, lo Mil v V. Mitchell, dalillitsr 1 Ibe
Kev. Elwha Milchull, I). l.
In Bladen county, Mr
Ktbsrt Woolen,
d 17
years.
In Wilmington, Alice, infant daughter f Liut.
Win. H 11 ry Wright, V. S. Engineer Corp.
..'a JHU'J . .J..-).-.
1AA KKGS fcJupttrior Whit. Load,
1UU y Barr.l of Linked Oil,
Just received a:iJ foi sal ity low, the Ding
Store of
WILLIAMS, HAYWOOD dr. CO.
Nov. 1. 87
CITY HOTEL,
Adjoiuifts tbe Court Mouw cWiiinrc,
KALtlbli, iNOkTU IAHOLCnA.
fT3HE liberal encouragement rceied hy this
j eatahtishinent durrVg the last twelve months,
prouii iH Mrs. l,isc to tender ber siucer 11c-
knowleJernenls to her friend and th public gene
rally, fnr their past favors, and pledss herself that
theie shall be no diiniuulion ia her rtlon 10 ileav
thoaw w!u may favor her wiih lhir paiona;. ihe al
so promises thntlh sccuminoilirtiims of ihe House, es
pecially Ihe Table, shall not b icalid by any in
th City ; ami the charges will b a nodsrat as can
possibly he aff iruVd.
Trsnellers end Hoarder will b. afomiriodtud by
lb. dsy, week or month.
An Omkiscs will always bs in attsmlanc lo
convey I'tKsengers and bsggag, to and fioin th
Kail lioad Depot.
November 3, I "45. 87 oawtf
FRESH OYSTERS & FISH,
To th H9xrns f liuieluh Qlad
tilt; t'ouiilry yfiii-rttlly.
rrVie: HIIDrtCKIBiJK, through lb medium of
1 the Press, hep leavo very respectfully lo rendar
his sincere thanks lo the Public, for lh veff liberal
eiKojiagcnieni extended to him in his line of buai
ness.aacsteier of Ojt'r ItUtl X"l:45, heretofore,
and would ueg leave to inluiui hi cu-l unera, lhat he
has nipiin roomed tbe buxinera, mid has located his
entahlnihineiit in the builJiiiK kimr.-n s the Cunmin
OJice, near ihe Office vf the " .Slandard," where
he will bs happy to serve bia former Patrons and oth
ers, wiih Oyster, Fish, and such olhi i delicacies a
he mv he able to procure in the Norfolk market.
OiVrii:XW, irvhU Mild Him, ill be re
ceived daily t barintr accident upon Kail Nond and
Steamboat. Al), FHHIS FViU on Wednes
days r.nd Fridits which may b relied on. I
woulJ in eonclunioii ay lo my pairoin, ibal what
ever I infer for sals, whether ihe application be made
in perxon orhrjugb servants, will be genuine.
I would sl-n add, that persons in any of ihe ad
joining Counties, or all uch places a may be practi
cable to (end OyatS'S with leiy, will have their
orders promptly and faithfully attended lo, thsy giving
positive direction is to th conveyance.
JOHN WILSON.
Raleigh, Nov. 4 C7
aittiw to Drimsista ai-J tb Pallc
J 12 K E A a W War's Ealsaai if Wild
tBf rrf, on account of it. great popular
ity, has, since OcL 1811, been eitenmely cei;r(TB
rsiTto in Philadelphia, and between three and four
thoutaail buttles of lht epurioiu imitation thiown
inlo ths maiket sod eileiisively.ciTCiilsted-tlii is lo
Csutinn dealers and the public generally, egalnst
pvrchiising any nixttjbk rsabiiso tss sajiI r
Wnn Cusaai, eacept tb! having the nrui wrap
pert, whioh always tiesr the written signature of
I, Uctt. No other Is genuine .
Proprietor and General Xgent,
138 Washington 81. ( Bosion.
A fresh supply just received and fur ea'e by
WILLIAM8, HAT WOOD 4 CO.
Only Agents for Kalsigh, N. C.
Nov. 1. r 1 ft
FRESH RICE,
TJCST received and for sal .1 lbs Drag Sor. of
j? WILLIAMS), HAYWOOD 4 CO.
flov. 1. J7,
CROW & SCOTT,
Commrsln IVerchuta,
AND FORWARDING AGENTS,
ll THE TOWN er rrTBBSBBB, VISOISIA,
MAVE remo.sd to ib laige and masMdiou.
Store, nearly opposit. 10 Friend's Metal and
ih l ost Oiliej, and next lo W8 Hill Ware alosjs.
rhey gits prompt and personal attention to tho
selling; vl Uolton, Tobacco, and all kind, of r.nar
Produce, and always intend oblainrng the bt mr- lt
ket price and have the money ready, whn Sal,
sr i.U. They hav now iu Store, th. follow ins j
150 tiutks Mall, "
75 Bj? Rio, Java arid Laiuira Co8m,
It) Hhd. Porio Rico Sugar,
60 Khls. Maine Mercer Potatoes,
60 " New Vrk Appl.,
60 Ttme Chee,
MO Kegs Gosben Butrrr,.
30 Chesls various Te,
100 Bbls Fmi!y nd Superfine Flour,
SO Boxes Adsmmtin Candles,
25 ' Pperrn "
30 Mould "
Peppsr, Ginger, Starch, Bosps, Wrapping Fsprr
Twins, Ac , c , 4c.
WM II. CROW,
JAMES D. BC'OTT.
rioemrtrr 1, 145. 87-tm
Q'J- Or'md Demoerat, Hill.lioro' Recorder and
Tarhorn' Pien copy a months each, nd forward
Ihrir hills to C. 4 !,
$10,000
Sold, by Joseph Hough, at his Lucky Office, 110
Broadway, in ths A LHXA.N UKI A LOTTERY,
ttljss 41, drawn Oct. IS, 10(5 Combinalion, 4 IS
B3 the whole of a 10,000 Dollar Prize.
COMMENCEMENT OF THE
FALL T RADE.
At the- !:! fonrt of Fortune, 330
StuHHlvunf, iKr York.
SPECIAL Al.OCY for ihe City of New Yerk-.-7
whsrs milhona hav bn distributed le lb for-
lunut.
The suWriber wonhl invito the erfy attention of all
persons drniiou of a ehanre in any of Ihe following
ii.-niiHiil Scheme, soon lo be diawn, under Ihe snaa
saemenl of JHesnrn. J. (f. liaieoar 3c Co., succ
ors to Mi'Mrs. Yatx it MiIsTiaa,nd Meaara. D.
PaisiACo
livery pron ordering ticltelsof th so bsc fiber will
receive the ofTicial drawing, published ill th Bulletin,
news.er. Tbe in paper will alt contain a lial
ef schema ahead.
Money on all th solvent bank in th United
Stale, and Csnmln, received al par for tickets sold at
the old Court of Fortune, 120 Broadway ; and th.
pottage is always paid hy Ike aubciibr oa all letter.
coiiiauiing tb and upward.
C3" Money cn be sent by snail with perfect safely,
nd all letter are invariably nawereil ihe tains day
as received. All oouimunioalioa with ibis office
strictly confidential.
11. particular nd sddre
JOHEfH HOUPg, 110 Br.dy.
A Oraud Cnpttmi Psic of
$50,000 !
Alciaudria Lttcrr
Clas C fr 1815, to be drawn si Alexandria, D.
on Haturday, Nov. 16, 1 848.
T8 Niimhors 13 Drawn Ballots.
J. G. Gregory & Co., aMltiagfjra,
SCHEME.
1 5(),(XK) TO,00O
1 2().(HM) 20,000
1 10 (KK) 1U,(K
l fi tm 6,o;
J a (KM) 8,(X)0
1 2,853 8,868
60 000 60.000
100 000 60,000
i:iO 1)00 I9 0OO
05 200 13 000
05 150 0.75O
65 80 6,200
0,3 CO 1,900
130 40 6,200
4.080 24 112,320
27,040 12 82i480
32,300 amotV. to
7W,703
Ticketa $1"-Halve . Qaarlm 1.
A Cerihraie of a Package of J Tcktkf will
bo sent for Shares in proportion.
A Grand Cm pi (a I Prix
$20,000,
NEW JERSEY STATE LOTTERY,
For the benefit of the rjocioty lor tb. Encourage
ment of 1'neful Manufacture, Clmi 118, for
H15, to be drawn at Jersej City, Moitdtj,
Nov. 21, 1845.
J. C. Ohio oh r & & lfaafr
SCHEME.
1 20,000 0,00O
1 6,(XX) 6,000
1 2,500 2,800
1 1,063 1,080
10 1,000 " 10,000
10 600 6,000
10 400 4,000
10 200 2,000
10 150 1.600
00 110 ,600
250 100 86,000
(H 60 1,200
64 40 8,690
61 SO 1,930
64 20 1,280
128 15 1,9120
5.440 10 64,400
28,224 6 . 141,130
34.412 amnuntint? to
Wholes fo Halve. Hj-r-ycsTvar if
A reitiAcat of pckg af - rcks will b. m
of $69. tfbaru in proportion.
It will be ctkerred that the Bfie of CertifltatT
of a PcUg of Tieiru m . sntnnni or m only
or, in other word, the dilrerer.e betwua the cost of .
a Pnckt end tb bwttt staounl it can powibry draw.
W hen Pica age are ordered ih artisanl of ruh only
ba lo b atnl. Vv ban single Tick sre orderd,
the whole aum must b .nejoaed,
All money letters invariably com. safe by mail, 1 1
addroMedto JOtiEPH HOUGH,
920 Btoedway, N. t.
Rf!no Msesra. J. G. Oitgory k Co
A ?
i
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1
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