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
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