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Windham County Democrat from Brattleboro, Vermont • 2

Location:
Brattleboro, Vermont
Issue Date:
Page:
2
Extracted Article Text (OCR)

5 8 W1XDUIS COUNTY DEMOCRAT TSiiKsesxsacrvKOixxcoc5SsisoseB9ow fcDITBD BT Mill 0 1 II MICHOLI wssweoetsKC-ecMeftsisoBsassa itraMIrltoro Vk April 13 1833 lit tlrand Isle Connty on dm present circuit fended mi conviction under ilia atoluto of lad Sir upon thin same subjoet it wm considered diet fm lialiess corpus the Court would hot rU-eximimfeo proceedings of tha magidrato If we that it would lie extending tho remedy by corpus fkrthor then it haa generally boon extendi tliie end epplying it to another daas of from what it legally applies tdi We think the magistrate hoe a dineretion to di mins when dm person hie made a full and flair di: sura in regard to the point! Upon which ha ia ed to diMloee If it were not so-tho proviaiun not practically amount to anything mid wonh worao than umIom And wa do not pereoiva there ia any more danger in cniruding him'With ijireMtion to determine whether he did to eloM" or when hnhu "made in die 3 1 brightest to her own ephora-Lpen Aug Shift gusgo of the net then to intrust him or anyiitwa oVVe accept with plcseuro the apparent candor and J' I uLr1AAMAlanat (if disk ullaMHl MtfliAHlIf 111 tllfl TlffiV BUte 1 detrrmiaAwhen wiiaw of ihfc above rejoiAdur of tha Boy a Jfaw Mams Tho following Is qraopris of ths omondmenti to ths llqocr law of Mains whlsh hu torn approved fay tiro Oowresr sml goM into tint os ths first of Tho oaths of any tints Ssimm who nro caapririit witnesses to civil suite on saMitutad for thaw of tints teh ore for Hit tonic of smith wwmnta Only rmsoaabta oertainty to required to tto dmeriptlun of liquors srisnl It Is made ths duty of any mayor nlilarnmu ariertinsn sssmoar city uanbal deputy eunstnUo or polio officor If ho shall hsvo liifiimatk that intoxicating boson sit kept and Intended for sola to wiaa anil detain tto mup until a warrant cm to anda In all rams of appeal except where tho proemllng I fay lotion of debt tho praamtlng ofttenr te entitled to ro-orivo all ooata taxable to tto state to niUitkm to Mi rotary in orery son to which a rtnliot to rraulsrod against tho defendant by tho Jury Whenever an uutawfiu ado Is alleged and a ddlvery proved it dull not to saeewwy to prove payment bat such delivery shall to ufiekat tvklenoe of sale' A principal Md hia agent stark aad servant may all tolneunted In tlm hum urooML Itwriling-hMMsay to MUthad: where tto whnMsm make oath that thereto rromnable Wound for believing than malt 1Uhoi are kept or depwtlwi Muk MUis bouse or its appurtenanees lateoded for unhwfWl rotate dwelling-house or eleewbere Tha finding of such Uquon upon smirch a dwelling-house shell not of iterif to avUencs that they or kept or deposited titasto intended hr role The sals by city and tovs sgeaclco are' to to more gusr-dod AU cooks an to to dietlsctly marked witk tto name of tho town and agent No sgmt Is to hors any Interest to tho liquors and shall not sell to any minor enroot or apprentice without a writtea enter from tba maeter Tto agent to to liable to a few of 930 and coat and a forfeiture of bond for sales ooctrary to tha provlskxu of that sob All liquors kept for sale by tbs agent to to pan snd good and not adulterated or fictltioa If not thoy or rendered liable to leisure and forfeiture on complaint Any elvil or oriminal praoero may in any- stag of pro-coed bigs hefors find jtrignwot to amended ia any anttor of form NoiuHihsllbenulaintaincd against any officer on saooant of any defect or wsatof ouflloteney tosfiy proems by him executed Tho proper ufiloera on luthorited to roam it to tho wsteh-hoaso or to ratals hi uf other suitable place any person who (bell to found intoxicated to his own boner atonce tlie relator bad boon guilty of a homicide which wae clearly manalauglitcr aiid the olteriff bad beeu called in after the wluilo Ira auction waa emlod and ha had taken him into euatodjr and detained him either in jail or not for Id that reaped there ie probably no dilforence I it euppoaable that any one von without any apodal atoluto would regard tliie aa unlawful! And if not tlwu a apocial atoluto requiring it could not be more ao than tha ad without a-ny expma law And if tho Icgialature alteuld eeC fit to puniali homicide eommiltod in a Mate of intoxication by having theporsoif arreated and detained until lie became bar could ha complain of the erred and detention without warrant aud trial by Jury any more than if be were Mill liable to furtlmt puniahmont for the of' I once ha could object to the preliminary detention I It eeema to ui it could mahn no diflUtcnoe an to the powor of tha Icgialature to order tha erred and detention of me who hod eommiltod homicide in a drunken fit until ha eubar whether he waa made liable to dill further puniahmmt afterwards or not What eaaential dilforence in principle than will it make whether tha erred and dotontion ia for didur-bing Ihn public peace in a data of drunken now or committing a mom griovoue offimee When wa concede to tha Icgialature the right in one erne it followe in tho other unlem they ere restricted in nomo wny which in not tho eeqp it Motile to ua How per-me at thia time would be inclined to deny the right in the com supposed' And wa think it followe of course in tha eaai of breach of tlie peaco in date of intoxication much as ia tha cbm supposed Tliie portion of tbe eutute ia peculiarly axpreeeed and itseeina to me nocdlosjjv minuto in detail But that wm dona probably out of over caution and to prevent miaconatAiotian ofth purpoae of tlie Icgialature It see mi to me that "public and domestic tranquillity" mean nothing more than tho pnblie peace The publio peace ia made up of the aggregate of individual peace and domedie peaea ia nothing more than the eubdiviaion of the one nod the aggregation of-the other One cannot lawfully disturb the quiet of (gnostic life by thst Mina kind of olfoneire and tumultuous carriage which would anywhere constitute a breach of public peace although no one but the family of which be ia a member ia present The atoluto than on a fair construct inn wa think provides that if mo shall bs in that peculiar date of intoxication whereby his conduct 1 puts those shout him in reasonable fear of bodily harm auy sheriff or oilier officer' named may taka him into custody and detain him till he is sober enough to ledify This ie tha first point at whieh it would be reasonably safe to have such a person go at iargs This any eitiaea might always do in England or tkio country upon tha mere ground of preventing tho eunlinuanoa of the die- DcrMon ra Iaw Through ilia eourtoay of our Clilof Justice tlrJ-field wa ara enabled to lay before our nation Um following Opinion doliwwd in (In Supremo Court of thin State tha tori Wok st in a Caw ari-ring in that Tho eonatitiitianality of Ilia aee-tUm of tho law autlioriaing tha arrant of ponona in a rials of intoxication and diaturbing ilia peaM and requiring them to diaoluaa whore they obuinod tha liquor ia frilly sustained and tho reamning of tho Court wa think ctoorly indicates tha mannnr in which thqr are diopoaod to riow tho law 1 tr-M09i CAronidf Thia earn haring been vary elaborately and aalia-ibetorily argued both fur and againat the incharge prayed for and an a npeody datorniination of the caao eeama deoirable for tha prinonor wa hare given tha matter our boat attention which tha time would allow and tha following ia tho opinion oi tha Court by Hod-Held CJ Tho leading qneatinn made in tha aana how for (hat proviaion in tha law under which tho prinnoer ie committed la to bo regarded aa eonMitutional Xu in word eooatitutional nn applied to tlie lawn haa a very narrow range It ia an inquiry merely aa to tho eonfliet botween any act of the Icgialature and the ftindamental law of tha Stole which auppoeod to be embodied in tha aXpreca proviaiom of our written Stole conatitution aa limited or onlargcd by tlggt of the United Statca It ia ncaraely nacenaary wa tract at thia lata day to my that tha judicial Iribunala of tha Stole have no concern with tha policy of legialation 1 hat ia a matter renting altogether with tha dineretion of another eo-oidinata branch of tha govomment Tbe judicial power cannot legitimately qumtioa tho policy ar rofuno to nanction tha proviaiona or any law not incona intent with the fundamontol law of the State And they would never attempt to do thia oven except upon obvioue and satisfactory graunda The only ground upon which it haa been claimed that the atatnta in quocticn ia uneonatitutional ia that it eonflieta with tha ItMh and 11th articlce of tha Hill of Righto of our State Conatitution and with tha 4th 6th and Blh articlea of tha A mend men la of the United Stolen Conatitution embracing the name subject It neeme to ua that tho Ulh article of our State Conatitution and tho correa ponding proviaiom in the United Statee Conatitution have no reforeneg to the aubjact now before tba Court It ia in thane worda "That tha pcoplo have a right -to hold themaelvca thoir bouaea paper and poaecaaiona free from anarch or aoixnre and thorefore warranto without mth or affirmation first made affording aufficient foundation for them whereby any officer or meaaenger may be eommanded or required to acareh nuapeeted places or aoiaa any pereon or penoua hie her or their property not particularly described are contrary to that 1 a La II Oaf Thia to1 court with a disa ration to a rafiuee to give hia deposition or to give toMinin any other form i1 If in a com of this kind tha magistrate efould ry-Aim to bear tlm disclosure or after it wis fkHy maife should persist in imprisoning the parson wt bare so doubt upon Mina proper procem thia eourt would devise soma means to compel tha magistnieto do fas duty But of eoums wif should not intofore upon any doubtful Mato of the evidence We slat Id make the same presumption in favor of tho good ooduet of the magistrals to which every one la fair!) entitled until tha contrary If wo volunteered to iierfara exereiM the discretion for tlm magistrate if eaaoa of thia kind wo should probably hare more wrk of tho kind than would he altogether consistent wi our other duties Wa ohould require in ouch coses proof nbuM of authority of a clear and decided character And we are not satisfied that any such thing hu oqurred in the present com that wa eould not intotsra hero if the application had boon in nny other fori Noti It acoma to mo that all tha prooedinga in tha administration of tho pplice in tha eitis where they hare no jury trial whatever if the oifoipa which they Moume to puniah by lino and imprest ment come fairly within thia provision of tho Unifod States Constitution and of till Constitution of jnof of the States are altogether void and illegal and vitiation of tha firat principles of tha liberty of Englishmen dofbnded in Magna Ckarta But no such idea haa ever boon entertained No man ever ouppoard that ovary time a pqlieoinan onto ted a niibt-vulta -or a drunken brawler in Nosr-Ynrk or London In waa violating tha chartered rights of the ciliicn qubject in tha manner claimed here And it ia difficult for mo to pereoiva how any tha oriminal prosecutions before magistrates cu fairly vindicated if they coma within the general mow of this articlo of tho Bill of Righto A jury of ut men ia not tho jury indicated by tlia United Statdi PuAliiuliAM AU Was Uaa si Coastilulion or by Magna Charts any more than jury of three men or two And a jury of the coui-Iry in tho language of our Bill of Righto means a jury of traverse of twelve men no doubt And I do not believe it would be regarded aa constitutional for legislatures to pravido that in trials for high erimre punishable by iinpriaramcnt in atnto prison or otker personal disability the ollendcr should bs tried by jury of two or oix men even It Memo to me wo eould not gire thia Constitutional proviaion tho wide scope asked for it without in effect brooking down tho most efficient and eiHntial powers of our civil government And wo entertain not the least doubt that it waa nover in any country where the common low prevails intended to have nny auck scope And it seems to us that the relator has no occasion to fool that die times ara evil boyond all former precedent nr that he fuffi-ra beyond nil other citisen Drunkenness in various way has always formed a Subject pfjmlira rnmdsttnqa in ilm S'-V V-m to about tno year 1830 law waa in fiirco in the slate whereby persona who were in danger of becoming a charge upon the town by reason of drunkanneso or olhor dissipation might on complaint of tha select men to taro justices and notice to the person bo sb-solutoly deprived of their property and they and their families put under guardianship fur an indefinite term That law and others wilhqliffcreut modifications have almost always exirtod in the State and hava been enforced when occasion required and no one supposed and Constitutional provision waa thereby violated And a long acquiescence in regard to Constitution- 1W important any other prescription and 0- judgment we could not of the tow void without involving prinoiplo to very great oxtont the entire poliee the State in tho him category Fur no jury trial is or ever wm allowed in any of these or similar coses Tha prisoner was remanded the petition dismissed Shaip In relation to tlie announcement that Ges Pierce that ha would faithfully execute instead of taking the oath in tha usual form Prentice of the Louisville Journal ssya Washington snd all the other Presidents of the United States until tho tints of Franklin Pierce solemnly sworn to execute the nffice at President' ftc to the best of their abilities Tlie constitution requires thst the President st his inauguration should either swear or affirm Ths alternative of affirmation is of eouno given for the benoft Quaker Presidents if inch should ever be elected who may have scruples of eonseioneo against taking regular oath on entering upon tha discharge sf dultes of ths various publio offices held by him in times past Gen Pierce's affirmation may ho is good other men's oaths but wa oartainiy see no sufficient reasoi why hs departed on the 4th inat from the established uniform cuMom of hia predecessors simply affirming whan they hid not licsitated to swear If he not greatly slandered he occasion ally swesrs in pretty spirited way whan the national interest does require it of him and we bm rather surprised that he couldn't swear little upon an occosion whsa swearing was naturally expected of him by hia coun- trymen A Bsuts or Strong Minded Man Lost craning s-bout 8 o'clock white wo ware walking through the northern rectum of Orangs atnet iu oompuy with friend when nmr ths oorner of Cross-si ths wh whota miA From Kn Van Winkle Editor Democrat I've been thiiikiu' that may bd your borroiiiti reader haro met tired of TempeiMoe snd Wllfiiniir's iVraug and would bn wiliin to pmd a eiiliium of old wunon's gomip by way of a relish io Um more graver motion that suit 'Mho ten that fiir it ulhat grand old man John Ptorpout Mill in hia racy Poem slxxit tho mholar But I was goto to gossip Woll I'vo boon Ufm in my alcove at mreumstaneo that came mighty nigh makin a publie konetor nf mo Wlion I think what a narrow elianoa I'vo run I'm led to feci tiiU wn ought to be 'utaxin cliaritablo to them wimmiu that's got out uf ihoir oplicra to tryin to pink thoir Bsbora and friends out of tlio rum gutter fur 1 ora bow eemy it ia fur a woman tu got out of hur sphom new that I haven't but just escaped it myself I sue how it wm doM It all came of following my Mpiraiion to go out far from home It wont do no how fur wimniin to let their ambitious hopes extend to tho boyc and gala on tha confine of civilisation if they mean to keep to private life But I'll stop moral isfit and tell yaa oil WkMS U- Yon aoo there's boen a backwoods-Mhool-marnt along here raisin ammmiiliun for tho gals and boyk to torn to si wot idoon and slid happen'u to Nil on me moat the firat one Wall sa I hadn't much of a clinnco to my young days I naterally felt fur tito poor children that lived to tlm now aettlemnnte Bosideo fc hal little lamin I did grt was from a dear obi woman that sat and spun on a little whocl while slm toadied us and it's bin worth so muph to me tiiki 1 appmhiotod the rally of tlm old school-marm's oerry viocs better than onr modem scholar! who got thoir cdieatiou under peddygoge of made cany" So I gave tho old odukd-moTm ninepenoe and let her' stop with me a day or two to poneento her miasionf among the litoraty of our better odicated claascs- Well wha'd a thought it that after being confounded by college kerned men so that they know Carlyle's nor Mra Osgood's ideM when shot from profeatonal bows in seientifick and littery lektere they took it in their heads aomo of that tho backwoods school-marm wm impnetor and bin imposed oo and helped imptaw on tho rest of Dear know I don't tike to ba imposed on hy nobody but then it struck me as mighty queer that felks should turn sich anxious inquirers after clothes" and a quarter that seen with my own eyes (I had cn than new spectacles that I got at Brackett's with stocl bows wound with groan cruel) smilin snd elappln if it wen root "fesoi reason" to 'em to bn imposed on by grnllemr to broadcloth with other men's idocs and them choM with dmput bad taste too sometimes It may be that odd but 1 don't tike to be imposed on by fine clothes nor title and diplomas If goto to be imposod on I'd prefer it ohould be by plain old echodhnarme insltwd iff Reverends and Professors that find crowds every when glad to shall out their to be imposed on and clap and cheer into tho bargain I'd giro Mother nincpencs My time to git oieh a nice budget of wonder which hava kept me philocophiaing on the wonderful preference fur impostor iri broadcloth and beavora over impuo-ton in smashed brand and ooilnd travelling dress Your old friend Taiitha Van Wikblb DISCOURSE Occasioned by ths death of Baxih Wsssimt Preached at tha tlriodrou on Sunday Oct 8 1859 hy Rev Tueodoii Paean Bolton Many fa (feu 1863 A late writer to Putnam's Monthly remark to a review of Bancroft "If genius te subject to tho low of predestination ws should soy thst hs wm born expressly this the I History of ths A With troth womsy apply this tiiought to Mr Parker lie was adapted better than any other man to saslyic the character of Daniel Webster For ypars ho hod studied Webstar with regard to all that Butins a sun fatal! Omari sod Bout Yet Ms task was Indeed psinhil tha streets of Boston which have often echoed to ths stately tread of the old man sloquent 'still wore ths tokos of mourning The sombre lag floated over Fsneuil Hall whore hot a short time door Webster had addressed bis friends snd eloquently mid I sm sridisoiesnf" Boston end New England mourned ttojr favorite son and our Country htf great statesman liut though the task wss pain-fill the truth needed utterance It wm not tho time then to mourn A nation should mourn ths toss of her grant rficn when they ecu to bless her not when they Webster are not annual or perennial Lika tbs sloe-trees they bloom bnt one an sge Aad when such men die wt ehould leek to know their grettneso find whether it wm true or false and is what relation they sustain to tlieir age snd ths ages This Mr Parker hu dona His introduction on great men and their relation to tho world show deep height of eliareetcr aud knowledge of trn greotnesa His history of life give an aoeount of its principal emits Ra views him lawyer orator and a publio officer Hie remark upon Mr oter'i political career or elaborate and Just and make tha Dteooures valuable fiur reference Mr sots of diplomacy snd legislation are presnted in a clear manner tlieir relative importance dioeneeed and tho position ho occupied ao a publio offioer fairiy ohown Ifa opoks lastly of Slavery And hr ia tba band and front of bte offending Bis remark remark on this subject si the mataly sxprerolooi of his awn thoughts not the ocho of publie opinion It te better to bo horn and Mow Mori titan to echo other' blasts Mr Parker eaye to hi preface om not rain enough to fancy that I bora narer boon mistaken to fact of Mr Webster's history or to my judgment pronounoad on any of his setioos words or motives I eon only say I hoot dono what I eould Ws ohould take tho Dieroure containing Mr Parker1! thoughts axptMnd to his own Thoughts not of memonts but of years Others who bora written on Wsfarior here boen oracles for tho people Mr Parker hu bean Us own Oracle It te one thing to mil to S'fln ehlp whieh the wind ta blowing a-orom the ocean quit another to srer oar oiraiorko-crom the tide The style of the Sermon eepeelally of tho loot port is of ths highest order of beauty All who wish to know Webster's tno position shpald read it not with prejudice against its author bufain spirit of sorriest inquiry after truth It hu been wholly revised si no its delivery and te dedicated to the "Young Men of so-oompenied by some very Juet remarks on tho tno greet-nee and glory of nation Bernwri SraomATioi in Wool Tho mania which prevailed among the butter speculators hut fall is now transferred" to woaL Speculator have born porambatatlng ths In tarn aad some othr Htatae purchasing the wool poq the-back of the sheop It te stated that at tha Wert huge hare of tho wool is engaged and at high pries It has been oan (noted fbr st flrom 43 to 63 oeota per pound averaging shout DO The ipoculator hava not yet via! ted Vermont ta very great nnmbon but if there te not fliff in prtem end there te just now tendency tint they win among ns bribe shearing time At any rate those having wool to dispose of may rofely eSkatat npoa milling good prtee for it Caledonian Loxoxnfv Th town of Guilford to this county sonr-tained to I860 according to tho census 1829 Inhabitant Tho amber sines then has rut materially increased Iu Month last the number of perrons to that town over 80 year of age was thirteen and tbe amber between 70 and 80 wm thirty-seven making total of fifty lndividta-ala who had ponied the allotted three leovo yuan and ten Brett Bogle The odranoe on Inn has imparted good deal of animation to ths bneinero of (ho iron-mm of Bern oounty Thsflrw for roveral yuan Mtlngnhhed in fee Ainuoes end rolling mills ore to bs rekindled tho present iroion There ta brick demand fir ore snd are-bsdk end soma that not long sineo (old fbr $10000 eon-not now bo purchased for $10000 It Ie esid to be a fkt that two hundred thousand peoplo doily arrive In tad quit London by railroad- We aeeept Mrs Nichols' amendment of our paragraph iu relation to Mia Htoos'i drew if elm hoe Improved it any but we demur to tbe shone uf sneering st the We eallcd them and believe tliey wars and liked tliem being tbs' best port of the diss It the lwllm liks the llooelerl why let them wear It but i sincerely hops they will not all foreoka thoir do-matle duties and gu round lecturing on woman's UonlilUa tlwre sis 'strong-mlndea who era ea-pslM of performing man's duties) and there are wak-ailnded men who otmM squally well fill the stations thus Toeatnl We luro no oh)octii to tlie change being mode but Harm mvu us (torn sitlior! A true woman sldncs courtesy pajwr which haa won onr respect by ita general fair-sera and dignity to wards ita opponents not lora than in talented conduct It is aomnthing tint men will 'lei ua the dress we whether Bloomer or otherwise It is a great deal where dRtall favors are accustomed to be received on eondiliocTtif a courtesy or thank you to be applauded far putting on sold thick enough to ward oiT disease and death But it is the fault of those applauded like Oliver Twist to ask for 1 more snd how natural when experiment has convicted tha novitiate in reform that more ia needed and would bo equally beneficial to health and comfort Well tha Bloomers and many who desire the freedom of publio opinion that they may be bloomers will think thn Bay State editor for even a reluctant withdrawal of hia suit vs tlie enMumn But ha tha ladies will not all forsake their domestic Now we hare so much confidence in our sex that ara hare no fear of any true woman fortaking I tome ihttiei to lecture on any subject ThoM who foci called to do thn latter are the very ones who moat truly estimate and provide for the performance of tlie former We would bo very much surprised if half aa many women should forsake thoir homo duties to lecture on women's rights as hare hitherto been encouraged or tolerated by men in forsaking them to pursue pleasure lire at thoir mm and die and leave no record but that they 'went around' practising or endunung wrongs upon thoir own sex and smiling upon the vicious of the other sex But lira objactioa based on forsaking domsstia duties docs not certainly apply to Lucy Stone' and other single women who hare no domestic dutigi Tho duties" which tha Bay Slate women are eapabln of performing" must of course be of on intellectual nature rtrength of mind being the distinctive diaractoristie attributed to these capable women It ia also logical eonclo- sinn thst thn "weak-minded men who could equally II £11 dlra utullAM irausllj kv ittMn tTMnMI1 Tllfl wall fill tho stations vacated by theeo hod better ba so occupied than that God should demand of women tho um of any talent hs haa given them and they have to My "the sphere or station to which Mr Bay State and time of his way of thinking- limited mo furnished no um for them and I hid them away in a napkin to return timm to the all-wire Giver when ha should demaud timm" jy Lewis Pratt Jr bus irauud a prospectus for publishing at Woodstock a weekly Temperance Paper to bo edited by lion Thomas Powers the champion of tlie new Anti-Liquor Law While we feel deeply that too much sound tempo-ranee sentiment cannot be disseminated among our pcoplo we do nevertheless know from our own observation and experience that the papers in the State which have made mast sacrifices for the mom bio net sustained hy the professed friends of Temperance ns indeed words of annrovnl while their patronsgo is given toinu-tcmpcraiioe or na-thc-fonne journals is sustaining tho temperance press To borrow and read and applaud paper will never aid the publisher to print liis paper or earn his bread We would rejoice to see Temperance paper under the able conduct of Dr Powers well supported by tlie frionds of Temperance But if they will support -their homo papers which have proved faithful sod increase ihur means snd circulation it would serve Ilia cause-even better and be doing only justice to thoM who in being thus faithful have sacrificed pecuniary interests gyA sheriff recently undertook to search a dwelling in Bradford when tho woman of ths houM mounted him with poker and an axe whieh bring wrested from her aha pullad moat of his hair out of hia licad threw a boiler at hot water upon hint and concluded tlm programme of exercises by cutting tins or (bar inch gash in his head with a stove griddle after which aha was scoured and a largo amount of stolen property found in lire possession partial illustration of Josrs If a similar frsess had oocurred in a search for liquor under tha new law not with a wotnnn rite novw fights far rum the exclamation would probably pome from more than mm oouroe what nstetanM tins tew stirs up in tha bosom of freemen I-T Chronicle And would My of our gallant women-protocting editors hove headed aoch a aceno or My other where men had broken each or even heads hgMi and added by way of comment partial illustration of dim's rights If we sis not mistaken tlicM OLnmg-Jifted women belong to tha nwn's right! party Tito Liquor Lam hi week three poisons were arrested in tho vicinity iff Wright's mills and confined in jail until released by the writ of toher-iorari in other words till tho officers concern ed supposed tho respondents could tell where they got their liquor Tho mag iterate discharged them for want of jurisdiction it appearing that tho accused got their somewhere beyond tho limits of Montpelier On Monday 339 gallon! wore aeixed in this village snd they ire to be doslt with "according to Thors seems to be a firm determination here to execute the low hit wlicro it will Euas County Last wsok an armed force of 190 men mads a descent on tits tins of tlm Atlantic and St Lawrence Railroad arreated a lot of rioters entered the grogshops snd destroyed the liquor and escorted ten or morn of the or peril to Guild! toll jail This successful foray wm mode under tho direction of Hoo Wm Heyvrood Biota's Attorney Burlington A toper having disclosod under r-rest 14 barrels of liquor wen seisod on tho 10th till More seixures hove boon made since Barntt A lot of gin and brandy Ins been taken On two trials ths jury eould not agree The mm is to bs triad wrwchmaK Another unsure of rum barrel in the wood-pile and a keg in tho bed woo made hors Courier jy We learn from correspondent in Wallingford tliot they have hod of law in that place two casks of 'pima' arrived there on tha earn the other day which wm seised up and an owner advertised for Nobody fathers the- wsifa mid they will undoubtedly meet the fate snd follow the-way of all tray liquor like Hunan find thst destruction Intended for Mordecai snd lie in tho gutter instead of oar-Tying victims them Rutland Herald Mon Whitkey Spilt The woman of Lima Stark connty Ohio -a faw days sineo resolved to abate the nnisance of drankrey in their village They marched boldly np to the establishment the loader of tha company aimed with a hatchet with whidi aha atova in ths heads of ths barrels sod lot ths liquid ruin inn whom it would ever more be harmlsM Tho woman who led on the company did it in self-dcfenoe Her husband otherwise an amiable and worthy man wm one of tho rumscllor's Bugle elsewhere or who shell become quarretsonw or in any way disturb the pulilie peace or that of hie ova ar any other family and to retria such intoxicated person until hs is sober when he may be arrested snd tried snd if found guilty sure to punished fay Imprisanswat to ths common JnJu for thirty days or tow according to tto discretion of the Judge or mxghtrate By this set the first ten sections of the original bill are uiwhsnged except that portfas of section sixth whieh re-quins tha appellate court It ImpoM a doubte paaeltj to of final oMivtetloa Section eleven twrive thirteen fourteen and fifteen of tto original bill art reprokd saving all rights acquired under the sama i The Illuetrated Migtzim of Art publtetod by Alexander Montgomery 17 Spree street Now Tort Tho fourth number of this sttmotlvo periodical contains flirty illustrations cud among them half doren copies of tand-eopcs fay the edebnted Trench painter Joseph Vernet and a dosea designs wslptsm orul bos reliefe discovered hy Dr Loyird in tto ruins of ancient Nineveh Tto an tielssnd illustrations os Lsysnl's Nltwvsh smbnwsths substance of the most rcswikable discoTfry sad om of the most interesting boohs of modern times The Ladiu' MUtieael Megetine Car February March aud April te rcocired snd felly justify our vriah to possess them Ths Ftetures an fine and frill of point My Orman some of them Thi Mortgagor'! Dagktir by the author of Village and Ziu hy Mrs Stephens are continued ctoric of great interest fay tlw author of Busy Dhuy liks every thing from that writer is natriAent to tto coal A Peep at the Pilgrim by Mis Cheney Is a very entertaining stray of tddex tin depleting tto manners and cireumstanoes of tbs Puritans tha prejudices they encountered and tho hardships they endured rooty has lb BT him Rbradcs ku a ssost beautiful assortment of Millinery Trimmings Ac Tho moat fiwtklloss eannot but to suited Bos advsrttouwab CT Ilaye A Woodard tro not surpassed to good file Try them gentlemen (8m What thbx The New York Otoorver the well known organ of Old School Presbyterian inn wys only influence of Undo thus far has torn to maki American liberty reproach sad terror where It wm Inst year star of hope to tto rising millions of Europe Thus tlie book hu been a curt tn tue oppressed of other lands white dom hu heard of its doing any good at This is offered is an argument against tha book but half eye mu sm that ita whole efficacy depends on the question whether the incident! of the Serf are founded in fact If they ora felne there needs not another link in the argument to condemn ths wholo performance its influenoo will of eouno to bod If they are tcuk thon what curve must that be not to our country alone but to all tho work! which makes liberty revealed in itn true colon a reproach and tenor where it wan once a star of hope to That is a two-edged sword and onto both waya Aa to thn truth of Mra book we apprehend that tho forthcoming 'Key will put all that beyond periapt Depond upon it slavery to not going to profit by closer examination neither will it ever shake off or put down that tort of assailant! which God hia raised up to destroy it Syraeuee Chronicle State Agricultural 8eaety The amount of premiums offered by the Vermont State Agricultural Society its next annual Fair at Montpelier September 13th 14th snd 15th is $3401 on hones $791 cattle $638 sheep $(14 awine $148 poultry $94 dairy $03 maple sugar $35 honey $13 manure $96 field crops $187 fruits fa fruit trees $76 vegetables $96 plowing $136 farm implements $100 domestic manufactures $47 rroays $110 discretionary premiums $000 Praidcntial Appointment! Tlie President has op-point Charles Chopin of Brottloboro Marshal aud Lucius Peek of Montpelier District Attorney for the State of Yennont snd A Smalley of Burlington Collector fin tint port Mra Bernard a widow lady hu been appointed by tha President Post-Mistrcso at West Pont gy We are indebted to Chauney Goodrich Esq tho publisher fin a copy of the Journal of the House of Representative of Vermont at its lari session dark Esq lisa withdraws from tlie publication and editorial management of the Darlington Free Prera His neecasor to Prof Benedict RiLxAsao--C Powere who haa hem to limbo at Woodstock fiur rofiwUg to testify ''where he got his wm relosiod from confinement on tho 4th Look out Counterfeit $10 bills on ths Franklin Co Ihrak St Albans Bay ore said to ba to eireular tion They are euily detected engraving wane Guos altered to 10's on tha Asiatic Bonk Salem Ms ara said to bo quits plenty the figure 10 rather heavy and out of proportion Valvaim Six pine trees standing on a lot near Island Pond wore sold a short tuna since for $563- This is good prioe for moot sticks located at great a distance from tho Maboaid So much for railroad facilities Caledonian A package- of frail trees and ocioa his been sent from Rochester (N Y) to Oregon by moil the postage upon whidi wm-39 dolton prepaid The om hundredth univeroary of ths incorporation of Greenfield Mare occurs in Juno next Tha bridge over ths Chautauqua Creek st West-field broke darn a few days since while a drove of cattle were pooling over and twenty oxen killed right and ought not to bo seems urbanoe upon the same ground that any one may ar-he directed against general warrants end general search warrants in particular not specifically describing the persona plans or property to be Marched or arrested This call of warrants which in troublous and unsettled perioda to English history were io-auad to a very alarming extent by timir Secretaries of State end other magistrates perhaps waa prohibited at the fiiaal settlement of thn realiq upon the Princo of Orange and tha Hnnovor family I think if not earlier and similar proviaiona have been transferred to thn United States and to most of tha Stats Constitutions It is very obvioue thia proeeoding ia not of that character And it lias never been supposed to prohibit arrests by private persons or without warrant in that claaa of ponona whore delay would bo Neeeaaity ia tlm lint law of government aa well as of nature and to not to be abrogated by implication In order to determine how far thto proceeding ia in violation of the 10th article of tlm State Constitution it will tw nanfliHp onmno rathe two somewhat carefully perhaps The article is to these words "That in ell prosecutions for criminal offence a per-aon bath a right to be heard by himaelf and hia counsel to demand tha cause and the nature of his accusation to be confronted with the witnesses to eill for evidence in hie favor and a speedy public trial iy an impartial jury if the country without tho unanimous consent of which jury he eannot be found guilty nor can he be compelled to give evidence againat hinmelf nor can any person be justly deprived of hia liberty except by tha iasre oT tho land and the judgment at bin It is obvious to remark upon the slightest view of thia article that if tha prosecution under consideration to of the character indicated in this articlo tha proceedings eannot be maintained The proceeding indicated in the 93d aeetioo of the ttatuto under consideration possesses almost none of tho requisites indicated in the 10th artieje of our Constitution But wa think tlm procerdingajinder tills sLluto ara not lo ba regarded altogether a prosecution for criminal offimee perhaps not to any extent Tha prosecution referred to ih this article in tlm Constitution is obviously the final trial befura the traverse jury in open reourt and would seem to have reference altogether to thoM Courts wIiom proceedings ara according to the eoune of the eommon law and especially to offences properly so spanking in the words of tho unicla each as are made punishable by imprisonment or soma other personal disability or at all eventa by fine And it is queetionnble I think whether this articlo wm aver intended to have reference to that class of minor offimeea whieh from time immemorial- both in this country and in England have been made punishable by single magistrate without any of this appliances or spporatus whieh eem to be indicated in- this article But however that may be it seems to us that tho proceeding indicated in the statute andor consideration is not even one of those minor offence punishable by fine only Tho proeeoding againat the relator wm in tha first instance of criminal nature and- to soma extent in ho inception tgiiuat him inaomuefi it deprived him of hia liberty until he booame sober and that induced' ua to require notice to tho Slate's Attorney Beyond that it does not acorn to ba a proceeding againat him hot a sort of court of inquiry againat some unknown but suspected person guilty of another offence a-gainst this same Matuto in furnishing Um causs of thia poison's first olfence After the man bnoonma sober the statute dues not propoM to subjoet him to any restraint by way of punishment for any offimoo but only to secure his testimony against other persona suspected of some violation of the law and of aiding in hia first guilt Tho inquiry the arises whether thoM proviaiona of tho law is tha maim tkiy uq-irmiqul La ha 00-aumplUluid saw against soy fundamental lew of Urn State or tho United Stales Tho whols matter is very oonsidorihly affected in sur view if wo aettle in our minds that tha legislature era the sole judges how for drunken ness orthoM who aid in its perpetration ore punishiblo criminally I toko it that at this day it ia ocareely needful for thia oourt to spend words In vindicating thia acknowledged right of tho legislature IIow for the thing it ourable by any prooess of more legialativn restriction ia a matter with- which we have here no possible eon-eon Wa would be hopeful of nil lawn that they are in aoms sonM oapablo of answering their proposed end Amuming then that the legislature have the sight to punish drunkenMM and those- concerned in its perpetration or indirect production and commission it beeomM a quarticn of expediensy merely how for they will pnniah it or in what modo Wa should then to treat this matter fairly view thia aubjact in the atm light wa do any other aubjeot of oriminal legislation Lot us then for tha pnrpoM of placing thia matter ia a different point of view so aa if possible to porreive its true bearing suppose that in tha firat in ders him further punishable fur the drunkunneas But hs is required to give testimony in regard lo a transaction of which it may fairly bn presumed ha will ordinarily have knowledge and in which he has no concern and whieh ia on offence againat tha law of the land Thia is not very diflhrent from au inquiry before grand jury And there is no doubt tlie court might and would commit a witneM refining to give testimony before a grand jury unless ho had mom exeuM affecting himMlf I have known joint perpetrators of crime often compelled to givs testimony in regard to the transaction against a co-offender after having verdict in their own favor and no ana aver doubted ouch testimony wia legally imperative upon the witness If one eh noses to plesd guilty to sa offimoo there is no doubt ha may ba required to give evidonea against others eoanocted with him in tho perpetration of thn crime And it eon make no difference that tho offender is not publioly known or that tho legislature require this preliminary inquiry to bo mads bo fora a tingle magistrate It is tha same in law as if required to bo made and tba testimony given before this oourt or tha enunty oourt and a grand jury The law anp-poses that tho rights of the witness and tho accused will ho equally well protected end tho legislature eem lo bo of similar opinion to far the statute ia concerned Thia section of thia law ia not mare Mringent than are tha powers given to the probate oourt in relation to requiring persons complained of for ombemdement to-main- thia discovery and not very different from tha general powers of tlio county court in regard to amnptdling witnesses to give testimony before the court in the trials before tho travene jury or before the grand jury The only thing it seems to me which renders this provision of tho statute so anomalous in the eyes ol some and which exposes it to ao much criticism ia that it ia proviaion of peculiar character in soma shim although Mrictly analogous to other with which wa are most familiar and is not found in thia preeiao form in regard to My other offence snd secondly that this inquisition is entrusted altogether to tho discretion of si agio justice in- the i of and of tha (hs and not and of borftood wm startled by tho appalling ery of "Murder'' which was raised in Van Bohuok atreet and troa the tone votes wo apprehended wm a ehlld Number! of people ran to tlie spot from when tho notes it wm down au alfoy eome forty foot below the level of till street When ws arrived st tho plica wo found young tad of their bouas on tha stones with which ths yard wss Ths poor woman wss picked np A carried in tlm Saaife when It wae ascertained that be had received a Sevan wound on the beck part of her head which wte bleeding profesri-the side of her face wm swollen apparently kiokedher and then-dragged her oat doors by the hair BMtoratlvM ww applied to the unfortunate wen an who Immediately returned to caaaohmiMM but fiiintad o-goln almoct inotantly-eome water wm thrown in her hot which revived her- Alter a few minutes ahe apoka In an-wtr to tho qustaloM of another fomate and oombori the story ef tha' young child-She said that her husband hod bwiisd lire in this wav duriu aU tha winter come horns drunk nearly every night in the weekrwhes he would abuse aad maltreat her Bhs ran her fingers through her dtehevilted hair hand fill foil to the flow ThtawM caused by fhl altar her being dragged out of by ths heir Tho brute of husband wm not tabs found havisgrsn se ioobm tha child raised tha my of murder AnUtaber of neighbor remarked foot he matte a practice of aba-stag tha poor woosh in tUmj nearly every Sunday night The noma of tho fiend wa ore told te lagan Ms should ba orrsMsd- and punished for his A partial illustratloo of rim's rights" oh.

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About Windham County Democrat Archive

Pages Available:
90
Years Available:
1837-1853