i - " rr i ii ii li irr- ----- c - V - - -. .. . . t ii.-i. 9 v--.Bivj-r y-v- x vx v j--w ii-.-.x 'X .x x-x i w x; ?-v.--.v-...?Vv x xr.i r.' v ..0',r y .,- i j i . iT im r i i i a .i .v:ri x,.i V ri nrr xezT, inzdrznire arrcara- $f?;Ufetf tfie Erf UorfihMSe. ' lor one cantinu- itSr ipcst be Postpaid or Sll iim F.ai.or of lb. tfcc wk cf fh5pefr Coort i$ thje. ,itiintfumtn:;snd the act oMSJ !t!irti IrfIcrs in the peopjle, 30 this nroocnv. is an 1 ; 1 circuity atrLihcolOt before iUiJtfJ Norwoo0, the plaintiff rfeVcerfi of the sheriff of Linj. 4' which WM forth ;4hat an election held y Mioveii fhit jhi might be quahaed il5aUd!t6 ltk tfpdrf himself thejdu .jStMthk I'-fBhts Wts opposed by the tlMof X806II (ftefc. 'A 693,1 cc. ifi ltleihid H'Igulariy qaalified 'and 9, lntfs for the faithful performance of &itics:o lnCoffin4fcat those bbndd y ftfeed 4ccWmgto the several, i V of Asen&ly ; rlqttirirfg such renewaU i .U' ! tr i - l . L-lfiLL. .iinn j;j fionor uuianoTrvpa u;uuwwwvuct4i3u afc iHpn)he jfct&f 3pSc 2, wasunj stitutional a'bd tLeifeforp null andyoidj d Brcboaequence, didinot; affect the i de ill Bsnti irig&t to iMi office; From this r -ment. ine Diaintui aoneaieu. I i TBe cause was ircuedljby lredtll and jpripr Jhe pfathUflJ and by Jfadgt rTCBieJj.rThe. Office of Iiu)ludtj w ciin(jed py Mr. Moki byj I q it.! Iand fiif iLUfmission is opo ti fjMl; ;by " j $tfinirBn who claims the jsrj office J Tirtuo a; pret lpus appoint-; f af ihmo. i& ihl act of !l806. The' Utiedfpeadi.upon the coostruction and iva-i lifcqr fiaaapfi3i,T -!; vv ,.: ! fie decision in : the Superior Court was I otheol(f cMani is rested bv the! ji prpqoucdll it? distinctly upon groundj qiat the aqt; unconstitutional j Irjpport of tftc decision, it lias however eu wc inai.it is not necessa arJbe5ptJyia controversy to RnKSi wo correcincss of the reasons of Pjfff hiQSuoHGourt : for that OTs W, inuterrns . and accbr- ri poitstruction, oust the de- fcwsifea office. $ v U U - ", ! the act ! jiocsjiot; immediately wjiichere filled at its it I'eifbresslv remove lh JiUi Dppnlhejiutuf election td be pfctfprois is, tm atlsei from the becessa- m wwartittiol o those iMer:?;;UtfMtistruing CTM i??1 P9t is!to as provisibns an1 instru- asoertain the speak tin it, from by thtim and thp ftKi' Ur m !lip8em$cled Tfcis is the rule y!inonf iktaiutes; as well as f interbret N fair meapirig upon the lkn- Vtjjirij order to efiect, itiibdnally, allowable. Vf??rC0hs: e iBTils tbl remsdieH nnt.bL j5ffied indlthe remedv r.nt lgn'ated, thp 'effects ana cdn pP pne :ctructiop or the o bfebtoresdrtcd ftO;as rL7-yr fMU"J"auQ a sound publict Sl10 tense,; they invkde Wf re f etrostive iii jtheir bp- raaenoiiacingf punishmenU tor acts ft1 I idling proper yhjjprcvioui laws! and the guar- iO WW faltbif thev am mnntrnnnt ViPiS jtetfc, subyersjW of nmrm wupjoKsiaHon ana con- m 'would not onlr bo m iourithe pre Saatgenk l--tl?l f2! ;Jbuted.to them, ( JeiiAs ; fandp. isi the duty (VBtourt, to whoso ioyince it falls ao rTO tfe dKtribuup power oi "r1" i mis country, to -..l?? ' - ecanmg of tbd W$r$ ?W?ct as thus Sni fe $f impejfecSon tl414-?M OJfficu ty ofexnW. loidertrW eansting rights, jaut ia'the' milder gijfatjng the futCre actions of the rrcriir aJnoV role1bf 'thqlubsequent aciinrieyWt j-j.yhesp .consideratiqtts ryottld iaducci Itbc court cbeerfulr to adopt the Icbnstractiorl of t b act5 coiitende4 'for by the cou 6sel fqt the defeorfant, fwerettbere notnit more in i ti than those parts'otiwhicb bebai inimadyer ted tin there arebthet prbVlsbbsi which art? absolutely inconsistent with? this con BUuctionJ jpb tnelition a"(ewigi be siiffi ciebt srhep - they are decisive fThe first se4tionenact lhak the sbetifTantl alU pe? ilorisbdfdinsrielectibns at the next election fprf merptersf the general assefbbly t shall a,isp noia ao ciwuon lorrcpumy ana, supe rppbbutl dks in the same; maimer and ltndct tie!1 cfatne rulesanjd regulations that thejrrecnre votes for members bf the le grslatiirp. TbV fourth section enacts that tbe clerks huS electedshall at thielflrst term' of . ibet rspt i? e;" courts, whicli iliall bap pen after theirelection, execute bob ids for the taitKftil fiichire bf their Iduti ind .take tnefbatflj pf pfficeL -.; It is thusl sen, that the enactment jis,1 not that the electtbns thus tp be hold shall be from time to time there after in each county, as a vacancy shall oc cur but that a poll shall -be opened at the ttyen nx( general election by all per sons boldin; the elections tor members of assenbl. ; Indeed no provision , is made for any future election, not even one? at the end; of he fqurfears, the prescribed term of sfvic5.1 1(1 the event of a vacancy after one! iection,'the court is authprised to fill it; ah d tfie 'person appointed is to remain in offife until the next annual election of mem bers; of Jthe assembly, or, the rstijenn of Uiftbouil of pleas ard quarter sessions there after blit I even Un that case, ihe iiersons wbq shall; have the right to vote fire not designated nor is'any person authorized to rejeeive the' votes. The very imperfection of the act in making no provisions for sub- seujeht electtpus prove that Ethc i great, almost tlie sold end of it, was an election to fotldwf its passages almost immediately, in everycovfnty ii) the state ; as the words of th r$t secUOn in themselves import, it is hpvvever aid, that the act does notrtimdye the existing clerks1 and it is asked when their offices i becomd vacated at the !. passage of the act, at the election? at the qualification of the person elected? or at the next court? liq answer is, that upon the grounds of the public service and the silence of the act upon the subject of removals, the pftices could no by construction, be deemed va cated unjp, atcording to the j other pfo visiops,aioherJ pflicer was ready to dis charge the duties, or, at least, the ; time had arrived for bimtp enter on them. But by ajieessary 1 implication, ;when f hat 1 time ahduld ari?e and the new clerks whether elected b the people or appointed by;, the ur ahupld havje given bond apd akeu; the oktbsthb duties of the former! closed and cons4quetly Ijis rights as recognized ib the act asptf rminktfed. The admission pf the new clerkis the expulsion of the old one; forj bth cannot; be in at once each haymg a nghtlto le entire ithmg. Thus in every county a ew clerk is to be elected and ad mittetl inl833,4 and therefore all the former clerkjiathenj ejected. This conclusion is unavoidable, as it seems to the court; and is the mbrVto be relied on as it accords with the general sense of . the community. evinced b the I elections held throughout the; state- Mnder the act. In not a single county jw an election omitted; nor have any sbrupfes been before expressed j that wetejnotalliheld in conformity to the requirements of the legislature, ; y' In executinjr such a statute, the coort is! not at liberty tcfisreirard i or evade its mandate1 unon any of the grounds, upon which are ' formed the ruieeior tbe mierpretation ot general terms, of amoignoos pporu ; ibesoare rules for discov ering jhef tOeai.ins of the leo-islature; and not a jasUnoaUontor disobeying it. It is the province 01 tU6 oonct to expound their words so aa to &t- iin w tnp meaniug, and to that end lounse- quencfes and policy may be looked to.t;- But when) its leaning is discovered, the ict as really intended, is obliratory upon the mind, the will and the conscience of the iuds?e. however miscQieyouf the policy harsh and 'oppressive Itt its-! enactments on lndlVldOiilsor tVTanrHius nn the bijixensteeneralJy. Those' are Dolitical coa- sideraiions, 1 fit to be weighed by and to indnence MTFajoTv ! 001 11 disregarded il hy mem, their resposiDility is to their constituent not tbecourrs of, justice.- Tp a;court j thejmppl icy. tne injiisticoi Uie onreasonablenessi the se- vemyi tne cruelty of a statue by themselves, merel are Ind ought to be urgtd in vain. The ja diciil uoetwn is not adequate tu the application of those Hneiles & s not conferred lor that purpose. It consisilia expounding the roles of faction pre- f lpy fhe legislaHire; and ; when they are pla:tjliexpressedor as plainly to be .collected io "PPyAST Mem honestly to controversies, arising the parties br the - consequences .uvuj woinocu WUUC3, W1U1UUI : JCSnXlQ U .n the act undr consideration, as far as it con cerns jthel fcontroTersy between . these! ..par ties,, there U no ambiguity, the words are plaint 1 tne mttiitton ; uoeauivocai, and the s tru eiposi tiobfalUb)y,ccruui; We cannot, render the ipretenf e of iuterpretatiou; repeal Jt;andUhus iusarp power, never confided ia ml hirh canbot: lusefully exercise and which we. do not z Sn?e thcl meamog ; of 'tne act cannot Wdoobt pd and according to thatmeanb lrlife tfme had iot, bui Mr; Hoke had the iht to jtosea to admit the - fatter, the ground bt the de kbioit "t Jg th 3uport Courts assUted fa the pcord, recurj before - this court; and must cow toypipablyjbe 'eiatnto'ed: 1- t1(; j The act tajnsiers the ofjSce of clerk ironi one W these parties Whe-othei without airy de-' rQ1n t thaformer or; any judicial sentence of Removal.' be quesuon is, whether tha legisla tive intention;1 as ? ascertained tf!is valid abdemV jcaoons, as being within; the poweri of theifegis lature u t constitutions cf tha bottntrys or it jnuiias beiag contrary to airf wcsistenK with determinatiop of'tliis-itrttioth-jtt4 al eonsidcrations ttflKtnct insti nr rtnlitSeal eXi IJresjetin be constitcimn jkia the famlamftt a wVjiaalterablef except t(iemtlieo4i with .tha inteffthmi kml will -bf Jth agents cb en under tbkrtnstnnneQt.tb wlioal 11 ewMded the exercis of the - po irerl fttheretndeleted;tr not prohibited. Sucfcaentj8 are it tiablieserfr m wu Miu;, sou j tlie ogcucj 3 iicccsfsaii ly subordinate to the snpenur authority of dh constitution; which emanated duec:Iy froal.thei whole people. . LegiUve.terntnUti vesmay order a!nd -enact what to them maV seerii . mest and useful,: upon all subjects and in alii rnth ods; except those on which their action, fs res trained by the constitution; and such order and enactment is obligatory alike on all cuizens.'ifl- cludtng those who are by a (public doty, to exec tate the laws, as well as those bnj whom they are to be executed. Courts therefore most in , force such enactments; for they are laws by mee force of the legislative will.; But when tbe Tepre&entatiyes pass an act ;npon subject upon which the (people have! said' in the cohstifu .tion, they shall not -legislate at all, or Upon a subject upon which 'they are allowed to legislate they enact that to be law-; which; the' same in strument says shall not be law, then it becomes the province of those who are to expound and enforce the laws, tbidetennine which willi thas declar ed, is the law. Neither the reasons which de termine the ; will of the people on the one hand or the will of the representatives on j the; other can be per mi ted to influence the mind of the j judge upon the question, when reduced to that teimple point, His task is the humbler and eai sicr one of instituting a naked comparison be tween what the representatives of the people have done, -with what the? people themselves have said they might do or should not dd : and if ujwn that comparison, it may be; found that the act is without warrant in the constitution and is inconsistent with the will of thd peo pleas there declared, the court cannot exe cute the act, but must obey the superior lwi given by the people, alike to their judicial and io their legislative agents. i j ; Although this function be in itself comparatiy ly humble and does not call for those high at tainments required for wise legislation, which1 as it affects all the diversified interests of society . ought to embrace a knowledge of all of them and a just estimation of their relative impjrtaicft! to muiviuuai aappiness ana tne common weal) yet the exercise of it is the gravest duty of a judge and is always, as it ought to be, the result; of the most careful, cautious, and anxious dellbeW ation. iN or ought it to be, nor is it ever exercis ed, unless upon such deliberation, the rebuff- tiance be ween the legislative and constitutinai enat tments be clear to the court , and suscepti ble of beihg'cleariy understood by alU In eve ry other case, there is a presumption in favor of the general legislative Authority; recognized in the constitution. The court distrusts its own conclusions of an apparent conflict between the provisions of the! statue and the constitution, because the former has the sanctions of the in telligence of the legislators, equal to the, the ap prehension of the meaning? of the constitution, of their equal and sincere desire, trora motives of patriotism and conscientious duty,, to uphold that instrument in its true sense;-and of the present and temporary inclinations,' at least, of a majority of the citizens, which must oe supposed to be known to their 'representatives and to be expressed by them. . But even thejse sanctions are not suiridient to overthrow the can stitntibti, it the repugnance do really eiist and is plain. For although the imputation is alto gether inadmissible, that the legislature inten ded willfully io violate the constitution, and still less that the people themselves 1 d'htebi plate violence to the instrument consecateb by their own voices and the consentof our aii cestors; yet all men are fallible and in the dt patch ot business, the heat ot controversy, ana me wishes toenecta particular end, may, in advertently admit to sciuiiruze their powers, and adopt means, adequate indeed to the end, but beyond those powers. It ought not to surprise, that such an event should sometimes: happen. In otfier countries, such has been the ! practical difficulty of limiting the action of those in Whose hands the powers of government are tnat the effort to do so has been tacitly yielded up, and tfie will of the governor, the time being, admit ted to the supreme law. In America; written constitutions, conferring and liivioing the pow ers of government, and resti g the actions of those in authority, for the time being, have been established, as secuntes of public liuerty and private right. Still th agency of men is necessary to the operation of the government and the execution of its powers. The same frail ties which cause men in power, tarough which they happen in those countries when their own judgment and conscience are their onljl guides and restraints, to enact laws unjust or oDnrear sive, may here also be expected sometimes tb have the same effects, althoogh their acts should involve a violation of the constitution. Jt is asf lonishing that it; Joes not ofteoer happen. That it does not, is a proof not only of the essential val ue of written wnsdtutions, but of the profound wisdom with which, in burs, the powers of gov ernment are distributed so as! to secure in every department the agency of public servants, not! only capable ot comprehending, but so Solicitous; of obeying the constitution, fin its true spirit; that they will not palpably yiolate jt,! nor in cur the danger of doing so by the exercise uf doubtful powers. Such praise ls'not only due to' the constitution for its wisdom, but the merit: T. scrupulously observing it must be allowed to those, wbe have been called ! to legislate Under it, and have not4 in the whole, course of the le gislatioo of nearly, sixty years, been orgedby passion or betrayed by carelessness intb th ad option of, perhaps half a dozen acts' incompatible with it.' When, unfortunately, such- instances do occur; the preservation of the integrity of the constitution is confided byt the People; as k sa cred.depueite, to the Judiciary. Id the discharge of that :daty; the .approbatiori of .the, legislature & Vte Meprwdple.oj vime which restainsthem frbma nownl and V Jwwivsw,; inaoce t them to re I r . tw . vr M. vv-.i.uiu-a irom eveq wn ."wantw0 L rmVuluntary infratkhMi oTit, ltTOrnaihs now Wenquire; Vheiherlthe acderi consideration: be of that characterte 1 J CbVi tation ; but the teuuraia not prescribed Vin any part of that instrument, and is, doubtless, wiih ? in the discretion of the lem!atnT - -tV-i. f? Pibe cynsutuUoifithe actrcf V gt ior;tne : eatabltahment of couiu CT Jaw, passed, and providpd, tKmt tHHnkrtl ould appomt clerks of skill 'and probity : , wbb tU T'f w u 30nM. nd4 Uke eerUin fu lorfcine coarta thereby establish f otom OMUnueiresWiwithia vlhe arntfnriag cwiJnBa&cs ia office a'nd be lrehUmi tnpenaT. Mesas the plerks and, clerks and roasters uf the fcourts before establiih -f rwi. ikii 1-- defendant was m AVri ()7Upoihted. Tbe E?7L rll. T.? " wht created & $$mt!tmtos ibehaobr 'r Walljt quahded by lb act ?VdhisresldehCffan!tbe"cotj of X-incoln. He has hot oeetffMnA guUty of any oieanoi- ,a office; but has: discharged its di tieS1;faithfalJy ; ,and tt is not SUtldtihat be has reacted ffi9 county, bat thlte was qoali te". "Presides "there. The act rn9ve mm from'office and confers it on weappucanty;v "n- -- 4:. j "I Thgreat ebjeets f aoeietfis jta enabld men to, .appropriate among f ihemsejvs the. things whn, in their natural state; were common.' Iarposepf the ordmaiy laws1 instituted by society is to protect the rgnt to'the things thus appropriate to oaetadiyiduai froin theabts and wrongs of other Jndifiduals; The: right isjet exposed to th action of the massFof ' nidividuals composing the society ; and agaTust that there 08X1 ?f F ai resistance, uecause it is sus tained bjr- phjficai force. Ther. iis neverthe !f? " nteroudjate power between thai of an individual or aiew lodivtduais on the one side and the whole society on the other, from which danger to individual right may be Apprehended, it is that poww which rWdea in the person or1 the body of persons, 00 whom is coniened the autJionty to act in the name and with the sanc tion f the supposed will of the whole communi ty r wfhich may be observed and ' used contrary to the will oi the community, for the purposes of pnvatewroog. The body possessing thaTpow et . wf TOS0? as the government bi a country, whetheut coosisu of Joro ot more persons. The gieat an essential differences between govern raents,as djsUnguished- from one) anoSier by their consutations, consist in the greater or less personal hbeny of the citizen and! the greater or less securiiy of private right, against tie vio lence or seizure of ihose f who are the govern ment for the tune being. It is triu, the wiuh communny may modify .the rights which per sous can have in thing or, at theiri pleasure, a boiish them altogether. But when the commu- uu7 anows the right and dfiaxes it to vAtai, mai consutunon is the. freeSk and which foroids the ffovernmnt right r which Restrains .the government from depnymgA particular citizen of . lu other words,! public liberty requires tha ; private pro perty should be protected even from the govern ment itself i ' k The people of all countries who hive enjoyed the semblance of freedom, have regarded this and insisted un it as a fundamendal principle, i-ong before the formation of oor present omsii tutiou it'was asserted by our ancestors on various occasions ; and, in one sense of it, its vndica tiou jxoduceo the revolotioa. At the beginnibg of mat stiuggie, while the jealousy of power was strong, aou the love of liberty and of right was ardent and "ihe weakness of the individual ciii acu agattist tne claim of unrestricted power in tn goyemineni was consciously felt; the people tunned the constitution of this state,; and there in declared " that no freeman ought to be ta ken, imprisoned or disseized of his freehold, 1 lib ertiee or privileges, or outlawed or, exiled, or in any maimer desiroved, or deprived h( his life, iioeriy or property, but oy the law of the land." tiiils of Hightis. 10 j. By the fourth section R is ueclared, ' Jhat the legislative, executive a ud supreme judicial powers i of ' government ought to be forever separate and distinct from each other.' ' -i 1 : iu absolute governments, whether hereditary pr repfesehtative, tlie division of the! powers of governiheut is unimportant ; because that body in which resides the superior authority can, at Will, make it supreme aud absorb all other de partments. It does not follow, therefoie,- that because the British Parliament, whole suprenw c is acknowledged, decides questions of private rights and puts that decision as it does its other peiermipatioriSi into the form of a j, sutute, that wnaiever it does is legislative in its '- nature. It can adjudicate Ind ofteb does substantially adju dicate, when it professes to enact new laws That facultyfis expressly denied to biir Legisla ture, as' much as legislation is denied to our judi ciary. W henever an act of the assembly there fore is a decision of titles between ibchvidiialA nr classes of .indiviu uals, althwigh it may. in terms juiui Mj uc mcmifouucuonoi a neiy rule of ti tle, it U essentially a judgement against the old claim of right : which is not a legislative, but judicial lunction. It may not be eaiy to distin- gmsn tnose jwvvers ana to dehne each) so that an act shall be seen at once to be referable to the One or the other. But I think, that whr. . right ofproperty 19 acknowledged tbl have been in one person at one time and is field to cease in mm and to exist in another, whatever "may rbe the origin of the new risrht in the Walter, thk destruction oi the old oue- in- the farmer i ' Vt sentence.. If the act of i8di had been cbufioed in its terms to the clerkship of Lincoln, its judi cial character would bo obvioits. If ft had said that Mr. Menderson bad forfeited his office, or nao conveyea u to air. noKe,oi that af let fbrfei toje,lito had been july; appointed, br was oy that act appointed, or had been elected by the ettipbaspprpyed: by the ilegkiature and "therefore the one should eo out and the oth- iMwuld be 1 plainly as respect3 Mr. fl'nuey-w,'f ""evaajuication'agauisti it, al though the subsequent mvestnieut tilths title in UtHqke would. per fanslative...i' Is the act iLa jess of the former character, because it does not recite an aouse by iienderfen or other cause of loneitnre it is not such forfeiture assumed in it? tmpwsible m thM nature 1 things, that W fe can be rightfully flf ini unless the o Ujsrpe rightfully puti out and ,MiMaidct$on cannut rightfully bedepnv5unlessSthe thmg heclaima was o ever foperty or b ceased to bo so,or oAles3 he has paiid froai the property he ?i tWUherwise This act bowiver' is n6t.resabtsd'teaBeubA an. plies;geaeally toaJX jthev clerks in every eoan ttr mnA it i. t t.i itm .1,.. -2I-"z -: be a jumfealt act.y It certamly in i that light is Ranting me jjrecision land direct 'operation usually belonging to. : and distingaishihg judicial prypewungsBut, nevertheless itt partakes of jpbter;itope'raJiMii' cntheiirnaef .bmv cers. , If valid';' i t cbmpels the Vourts ; to deprive the pfficers without turthet enquiry belore a court and jury into the fact or legal , suirlcieacy of any "cause offorfeitore or removal If tne iegtslatoxe cannbfitself adjudge iibVfunre direcUy ; still Jess it would seem, ought to c&auiand th :wvjw w iuwoTunuut any causerr wnatever. Its ha inot tuit by lb. Mn,n rtjih, fcw..,, i iiuTOs ..tne suojectofpi and civen to annthr"tT!k-ri TTi -r. to- BUI that iransaction cannot be "eallia tW?;ui i.' .t... " ; -. " V ' nnf .fin.. n J.LT.L no conrtbf justiee fcdV jodgment ondejr the'existihg laws ttboo Uie' sUte oftn this case, To bare authorised Sucli a sentence by a court, further rlegUUtion would have been necessary ,tis u then; tltat the act w not purely judicial.- Bufthisis all that canbe said iq suppprf of.it;, ijt i icertalnly as true thait is not purely flrgislative j for it leaves the nature of the offiee it Win duties! wriyUeges and; ifiuIaWaVW the aeknoteledirtd tnun h a. .u J-vTYV? r . uoea,-flrk commanded bv r7tZ. i r"Pr wnenever the pre-exisTognght s- F,B?ii!l (oroo Court jpuniaiT- ANECDOTE OP TilE PRIVATE LIFE If , .OF.MIRAEAU.'J (Wb dopy tne, follOwinsr curious, tstorv Irom theit. u du Ji tbeeditdr of which publicatipri give the follpwinff aci' count of the source whence itis- derived! hisariecdote,1' (bp says) "Ibrraed al pdr tion.df the evidence supplied tbLTdl Gal iteane4dvbcate (leneral ln'theParlilment of Province, who ; spoke against) Mirabeaa in thp soil instttutod byJtho Uttor to ostein' a separation from his wife (Madlle. natig nagne.). The .anecqdte was tiirnished to! him in furtherance oflhe interests o Ma dame Mirabeau, and with the view of prov ing the immoral character of herj Husband. M. de Oalilzane, who followed tlje Boabon family in their ernigratjon returned with them in 1814, whenibb obtaiiied anl ap DoiHtment in the household of Louis XV 11 1. One day, when I was breakJastm wth him in company with the Marquis dp B " our mutual friend,' he related thb anecdote nearly as 1 have given it at - least, with the exception oi some junimportapt details, which I Have omitted, p! I know not whether M de Gahtzane.be stii?liring; bpt if hfcbe, he will, I am 'sure,; bear) witness to thejebr. rectness of my version! of a story, for the au thenticity': of which JlijeJgod 1nrbsellp It is -a Well known fact that Mirtbdau's bitterest bmemy was thef author .of his exis tence. .The pretended friend of mankind was an aVancibus, ebyi)ipVandunfeJing parent "The Mafqutst abd vhis epn Rad bo come friends, or to speak more properly, the father, for a time, suspended His persecutions. One of the conditions tot this trapsitpry re conaliatiqnwas UiatMiflbbau should) for a time, retire to LurioislnlVj He accordingly, took up his abode in the! chateau of Count du Saillant,'his brother-ib-Iafw, whose estate was si tuated aew leagues from Limoges. Mirabeau's arrival in the pld.. seignnral chateau was regarded as mb etnorable blent by the inhabitants of the 'surrouiidicgcbuh-J try. Most of the npblerneri of the; environs visited the Chateau dii 3aillant , Iq order to gratify theirduriosity:by' the sigbCbf a trianj of whose! talents :andt tnorQlnaiy iar acter'thby 'Jtab heaidtti'cii. The Marquis du Baillapt was ai rpansu perior in education tohia neighbors, who were for the jwpst part exceep!inglyyigndant add whospent. their tlie: almost exclusively in hunting and feasting. Jt may -easily be imagined that bis society exhibited a strange contrast to the talent 'and polisbeb manners of Mirabeau. He was like a meteor; de scended from the clouds! ; His dark xprn- plexion,his large head, the size r, which was argumented by a profusion of thick bushy hair, his strongly-marked; and animate fea tures, his eye in which, were depicted the stormy passions which alternately expressed irony, disdain, indignation-, and benevolence his dress, which was . beat, though some what eccentric all . eicited wopder and interest even beford he Uttered alwordr But when he spoke) when; his imaginaUodi warmed byan interesting! subject, jmpartcd a high degree, of energy 'his eloquence, the worthy gentilshommes fancied themselves in the presence of a. god or a dct)l) sotne were ready Ito kneel down and Worship him while others thought of crossing themselves and repeating their pray ers. " Some times seated in a sptcidtis arni cnair Mirabeau would listen to the conversation of bis brother id law's visiters, whose primi tive simplicity and rudeness . of manner It mused hinx. ?0e ? freqaeptly tbokpart in tbetr discduise, which usually , turned upon bunting, agriculture or the improvement of ineir estates, ano uiey were cnarraca oy icq extent of bis iiiformatioa and his j amiable benbommie. " . J 4 , For the sake of exercise, and to vary his occo- pauona, ne wouia irequeniiy ; uxe hut gun and fheWPecasibds, he ssually returned home late, having, as be; said, loitered away his ' time in ad miring the picturesque scenery of Imosio. A- bout this time, several; rberies were bommitted in the vidaitv of the ChaieaW Four 6T fire bh dividual iiad been stopped on their retain from, the matkets. and ordered to deliver uMiheir pur ses ; a command which they had leamly obeyed, being willing to sacrifice b small sum it money xather than exjfuse theinaelTes to the chanceof a conflict, in a cpootry wbkh,; being intersected by ravines aod thkUy wooded, rendered it very favorabio totheen.terpn?estol prtgatjd ip m- pirn by Jipse of time, or cease by surrender or by forfeiturd for any cause dklaredff Iawl btoftlri- -Vf C(iDW who had4- eir victims C& cf Count,.? a SaniantyVt u , : nd thArtUtf,! . .-.-v,oe emaarrai nu ifiodVhtful, n cnAttrnatant wliVK -.i.-'. more remarkable in miZki 7C1 u 7 - V V,- cause some mi 9nnAt kJ mL i p., ' StfiniK mtfM.J!i ' T T r41? s a,- i sure you Mldamedfl S; With theffair- Koutbf, apatienbet .resolved tp,pfend;m r Insist vtfpon itkbow SZLIAa this eveningUalf i! iTlf iZ rf ? euu ana cemanded my wrnmJ 4 ' L ! threw it down nd made ithe beitcf mFS&ti ' & Hitier. MX mrf no more qustiowlVnVtFl " 7- - uwiuci iTiew or birn-l ; Ppstuvelyjsure yet lhoojrhe iWbatl4 Whom did nm tkia : ui iV i I -1 insist-n knawln,r JtJ ft. " , L . a li t " raragkmmiwf tboughtbutt J doubt I must ha hn -LLr.i.!iri- iiT?ir-f TeHnlaw, ftlirabeattIiriaWr; possible Oh)itmostandste.nBani8hh ohsurd idea:. Let as rejointhe eompanyhna resume-your usual gaiety, crl ahallSink yotii seated themselveSat some msU&cefrom eachothi er itefsd mtoeartVertatihrtt-a, .J on his part, vainly sought to banish the triple, sant reflections whichcenpfed IhtsWnoWSl4 uneasinoasincreased.tnd b? cncr jrn:! ?7 "to the adjoining apartmerit.nAfter a; little wayersation it was aed!betweedxtheni;t ifeT1,noIko " opportirty of bienqt wou.uff,oeroresn me companrj that he "alJVI on aceruinday.engagirftoadinnerloartyl that he would afterwards s eep at tie Chateau 1 ouii, wnere ne should probably arrive a-i bout ten at night. M contrived tointrodoceU this observation in a way that appeirbd periecUyt l . "wa losuce."' Ko!-.btit If that 1 crim-r i v 4 mai shcjli.bsdLNo matter1wlAV4 Lven though he should be MlJffiTiS - uatuwAwiting especial care to Jet. iti' be 4dver-i - 1 f ueara oy Mrraoeau, who was at thai moment en-t g? l fme of chess with the Cure 6t the! Hrclnot 'I'U - t' 7 . "''. : uc uourexsaiion, men 1 continu usual-. ! . ' 'J' i '. i ted as u?n thni?ni PPont at t miy he Mentioned thai another robbery took place in !ths laterralV M. arrived athe Chateau, rathec later thad i H was expected, M. da Saillant wa in iasute Of tr ' .u. Tiy. wiraoeau iuf not comehomev ii irbe night was stormy. ; The surmunaihg daikd ness .was occasiooaUy broken'byyividi flashes of H i ' lightning, and the rain fell in inmktc -tncA M r': bell of the court yard gate rang violenUy. ;: Ml M4u uasienea w inquire who had arrived. iv nasin iriena whom he so anxious y, looked for. t Well said M-,. as soon he enf d." 1 wasstonred.and W 1irM'Kim.lit He then related ctrcumstantiallyvlLll'lhat had; aopeneo. e was summoned, as,.Worv to deliver up his purseThe robber Wasstationcd n behind a iargatree, andia flash of,lightning ren- I dered bis person .partially Visible. M!-gal- k lopped up to him, and. cameso; closely m'conuct' with him that-his hotse nearly ? knoked hinv downi The man sU??ered back k foW rr-r l and painung his fife-lock at M-, excialated1 la a, stentorian Voice, the tone of which! he could not misnt fZ7. 1 j not rnisuke man,n "T i v,yJuul jro.wrjou are oeau ' Another flash of lightning nov darted j fDl! t&of th? ber and: M--Uiatioct- iv Deneid Plirabean, jFaring that I h shonWW J i shot if he advanced bb inimediaiefv trnMi'hU i , horse, and made the best f !bi iway' to the .da Saakt cirectedjbh Mehii 'hJ 'd&m' .the strictest sUenee lespejHingiall thatiiccuried h uu ouotb an noi io appear emoarra&sedi oT dii? K turbed. Abbot half an hour after this Mirabeau f retnrned home drenched wfthiatdi; Imme- diatply went op tohlsown.anartment where he brdered his supper td be brought to him, !ahd sent 1 w iwvtui uvf luuujer-in- jawnat ns Should go td ; bed immediately as he was much fatigned " ' The family; supped in the saloon as niinaf r amt i when all had reUred to rest TM. do, Saillantre.l him sleeping sonndlyi and he shook hirajv'oIenU ! ly W awaken birm Who b there ? exdaiia ed Mirabeau, jruttring his eyes, abd looking i round bim angrily It bJTolied Mvdn . w wb auuuucui w aiiraoeao. tie irmni. Radiant; .'and I. have come tp teliyou thai yob are a villian.V-A pretty: cbmplinieiit irdlJ v was tt worm wmie obosc mo otot my sleep -for5thiS ? Pray leave me. I am ia wiht of 1 sleeps U it possible you can sleep' after the crime yoa have' committed. Tell me V where yon passed the evening, and why you I did not join us at supper I was tired and drenched to the skin, for ,1 Was overtaken by the storm. Now are yon, sataned ? Do not ciatorb ms ilooer- uo you mean to stay taikmg here all nigtetfwi must have an explanation of y tar jntraordmajx conduct' 'Yob stopped M '"- on his rca4 here. mis e vepingi xma a tne secooa umo yoa nave dondao. There is ns doofit of yocr guilt, for he disUnctly siw yoa. Yoa are a highway bber, 7. ty .eu !; weif ;i yea irngnt nave und ma til this. to-morrow morniftg and ven admitting it were tnic,' what pt it -Mireaii wj ar8 a tatcrinnnal a fool f Do on injaguvthat I ibbbed him for the sake of Ins money Jiosbch thing. f.Afl I wanted was to try the test of his cburse and. mj owa. I wishei to 'ascertain s khs degree of resolution whieU a man most possets ctLre he can bring himself to violate the most sacred laws ofsociety.rThe experiment wasdsiigerocs. "I hare tried it set erai times, 1 am aatoned1 my self ; tmt "yocir friend is a coward. , Take tha key, open ,mydesk,ahd bring me the second drawer on the right hand tide, Al. du Salllaai was cmuhded at W flngythrcla spoke with the utmost "coolness' ad composore. He opened the desk, and carried tht drawn to , nis brotber.in.law; The, drawsrentainedi en- -i vt loped in separate papers, niae purses, some ot leather, and ether vf silk. Qu the papers in which they fwre "wrapped were t written lh a mount of their i content,, and thediiea wha t it ": i y;;i V, : l.p;,; '";. t. v - r ; v r 1 tt ! i - -4 4 ,- ,!t' ?: