The Lancaster ledger. (Lancaster, S.C.) 1852-1905, August 13, 1856, Image 1
?2 PER ANNUM
ISitt \%i(li ?li<r UomlorM S-SSSSr^ST' IN ADVANCE
A /aniilg noil ^ulitirnl Aittiispnprt?Bfimltii In lljt Arts, jtitnits, Xiltntirr, ifintntinn, Agiitultiirr, 3ntcriml Jinprnntmtiils, .Jnrrigu mitt Jimurstii jJnus, null tjjt jllntlifts.
VOLUME V. LANCASTER, C. H., SOUTH CAROLINA, WEDNESDAY MORNING, AUGUSt' 13, 1856 NUM BER 26.
Castnlioii font.
y to aus
ips? .... ? .??? ~ mcnt;
MY LITTLE COUSINS. entith
Laugh on, lair cousins, for to you aotne
All life is Joyous yet; Arc tl
Your hearts have nil tilings to pursue siimm
And nothing to regret; M
And every flower to you is fair, w'r.rrn
And every month is May, 'r'"' '
You'vo not been introduced to Cure,? Y 'I'i
Laugh on, laugh on, to-day ! ^',r' '
tliero
Old Time will fling his clouds ere long lifooiti
Upon those snnnv eyrs, pass I
The roice, whose every word is song, flint I
Will set itself to sighs; f?TCO <
Your quiet slum hois,?hopes and fears 8:011 "
W ill chase their rest away; f'POtx
To-morrow you'll he sheihling tears,? v,s"ot?
Isiugh on, laugh on, to-dav. ;\'>u 1
I hoi;
O yes; if any truth is found I
In the dull schoolman's theme,? povci
If friendship is un empty sound, Hlllio
And love an idle dream,? ^ ^
If mil tli, youth's playmate, feels fatigue, ^"1
Too soon on life's long way, 10 ''lf
At lenst he'll run with you & league,?
Laugh on, laugh on, to-duv I HSsttti
powei
a
Peihnns vour even iwy gro.v more blight '
, ' . Hitioii
A* childhood.a hue* depart; ^
You may be lovelier t?> the sight, '
. . . . . Mich i
Anil dearer to the licai t; ^
You may he sinless alill, ami sea
Thi* ciulb atill green ami gay ; exist
Hut what you arc you will not he,? ;t ,
Laugh on, laugh on, today! j||y (j
.... lit tii
(I or ine have many \> inter* crept, *. ,
exisia
With lea* of giirf than joy ; over I
Hut I have 1cm nctl, and toiled, anil wept,? j
- I am no more u boy! St.|l ^
I've never had the gout 'ti* true, I(a '
My bair i? hardly gray; vol| j(
Hut now 1 cannot laugh like you,? ' jK.|ll4|
Laugh oil, laugh on, to-day ! illicit
I used to have a* glad a face, 4t?,v 1
Aashadowless a brow ; rt." ''
, ,, , ? , trill o
I once could run ns hlnlie a raeo
A* you are running now ; ^
lint never mind how 1 behave,?
, to the
Don t interrupt your play, coiibti
And though I look ho very grave, j-) (
Laugh on, laugh on, to-day! i,
^Vilitual. " E
assault on mr. sumxkr. 11 ion
of v'oll
K P E ECU rvioiii
or [ Coiuii
W W. EOYCE, OF S. O., *?ri,
Iu the House of Ileprcrculnti>oa, ) jj iim
July 12, 1850 j'
The IIoum having tin?|or consilium don ^ v
the report of the committee on the nl- j| (V(i
Ic^ed nsaitull of lion, Preston S. Hrookv o| tji(j
on lion. Charles, Sumner of the Semite. t|1L.
[CONCLCDKD.] aMtl ,
Then, again, the power to pnniuli f..r heitiJ!
assault Mini nailery <iii u iiienilxT is claim lolicd
cd from that cause of 1 lie Constitution ?' ">
which Mys that ei> ry member si.all bo v i Ci
free in hi* pet ton fri in nitoi. It in J ot ir<>r
llml hii assault Mild battery in, to a limited i la
extent, an mrwl, and therefore in violation 'I mat
of the privilege ol theint ml cr mid in on const i
tcinpt ol the IImisc. lint, sir, that is an Iwcen
illogical conclusion. \\ hat did toe Con Ileum
tiltilion intend to guard again*! I It in M ere
tended to nuike unlawful that which was bet we
hitherto lawful. Without that cl?tt*? of thtapi
the Coimtltution, it would bnvo been law- derhc
ful to arrest member* of Cotigieos in civil the il
action*. Il would not have been lawful rogati
for anv private citizen thus to arrest him. pnvi.r
The object of the Constitution, therefore, molt h
was to deprive the couit* of this power of i*ta fr
arrest, which they \ oulj otherwise have nt.iii i
had. It was not intended by the Consli- time*
Union to do ? nugstorv net?to make it uu-s <
an act which wns tlien illegal. This ; wImI 1
wns not the intention. Tlie intention of We
tlie Constitution was clour?to make tile on tin
gal nil nrro?l l?y the court.*, which other- Uou*t
..^ij i?. l. 1 'I i r .t i- i ...
wi?v W uv tu IFI/ IV^.U. J lllfl'l ri'f IIII1 j I'UV
clause of the Constitution hut nothing Why
whatever to do with a cute of assault and which
battery, by a private citizen. Thai it a ?ccn
matter unlawful in ittelf; and it wh? nut ntittilii
necessary *.o guard against it. Therefore, We a
it can in no senso whatever, under this scripli
clause ho raid that an assault and bntte- stalnti
ry i* a con tempi of the House. Tht-rcl
Well, tir, what other clause now it re- of Cor
lied upon I That w hich privileges a mem* The
her for anything raid in debute. This had opinio
no reference to illegal assault* upon mem- }?r* I
her*. The object was to protect meinl>era their <
from actions of slander, which, without the pa
such constitutional prohibition, conld hate hate f
been maintained. It furnishes no pre- j need
tence for the aaaumpsion of A power in of the
the House to punish for contempts. ffoiiig
Not only must this power to punish for die p<
contempts f>e derived from soma clause ill of Knj
the Constitution, but, agreeahlo to the rule origin
ol construction whichl bate stated in the land,
legint tug of my argument, i; must not l a error,
inconsistent with any other clause in the for tie
Constitution. Let n* try ibis assniocd might
power by this lest. The Constitution has oualou
several important provisions l?cnring on Id;
lint. It provides that is?> warrant la
s?ue except np(?n oath ; no person pi
aver for a criuto except on indict* hi
; in all criminal prosecutions accused e?
d to atrial l?y jury. There are 'll
of the bulwarks of our liberties..? I 1
icv not at war with this power of 15'
iiny punishment in the House { l!a> 1 tl
r. Hiooks the right to ask for the
tit under oath, the indictment, the ';i
iv jury I I >o you not refuse them l'
is proceeding i Do you not, thererump
o upon the (Jousii'ulion I Yet '
is a more important safeguard of 'I
i' still remaining. Congress shall "
in rx jioslj'aclo law. W'h'cli means r<
10 man shall he punished except by ''
i f a law enacted before the commis
f the alleged offence. How do von ri
tile your action with this great pro 'e
of benevolence and right ? Can M
how any previous law ? None.? H
your action is unconstitutional.
[include, therefore, that this assumed '
r iu the House to punish summniilv, 111
ut previous law, is condemned by
onstitulion. I'
I I Imt/i dctiAi'liiso ?sf *- * ' * '
? .. vre Oi-n.nriiii'1 imperial JHIMIOgC v1'
' House, dtiven discomfilted from the 1,1
itutiou, yet refuge to yield. Tlioy B
to another position, and claim the ,r
r to punish for contempt, a* a power I'
g from a necessity above the Consti P'
But 1 deny this as a question of 1,1
tad a question of fact, 'J'hure is no K
thing a? necessity above the Consti- 'l
i. li llie Constitution does not grant
>wer, it is conclusive tliat it does not 1
Such a supposed necessity may be
y good reason foi an amendment of B
institution, but no more. But 1 dc- P
at micIi a necessity in point of fact '
. 'I I e grant of exclusive legislation "
lie ten utiles squate, gives Congress f(
mp'est possible power to protect it- I'
y law against attacks upon itself tr ?
ilibers. By tbat grant of power, w
ate a right to pass laws, with heavy ll
lies, securing your existence from ali ?
I attempts. If you do net el loose to I ,l
M' tins |>ower U is votir own fault. I
iiritisiies no ex tine for tlio ussuinp- h
I a special summary and tyrannical 'l
ictiuii. By passing laws under this C
r, the offender will be banded over 1'
i court*, and not be debarred of bis
union.d privileges, winch i* in con- a:
\ to the spirit of our institutions. n
led in their plea of necessity, the ad- c<
:s of prerogative take refuge in the w
uieniaiy law. l'arliumeiitury law C
ulisinanio word which is to supply Ml
ticictices. What has the parliainen i o1
aw to do with the power of this
i? f Why there is no possible point c<
iiparibon between tins house of Kep- r?
allies and the Eugiisii House of *'
ions, 'l itis House baa limited pow- 'l
It possesses no jtowers that are not t H
>*ly conierred ujion it by the Con c<
on, or necessarily implied. The 'y
} of Coiniiions is an imperial House ''
united power. Tlicy have said to ^
ouse ol lVers, "Co out!" and they
gone glimmering through tlie mists ^
ngs that weie. They have said to
ing "Hoseetid from your throne!" '
10 the executioner, "Oil with Ins ''
and Ibo head ?tf the King has '
from the Idyek. No power has ev
11 able lo sulalue litem, except Oli |"
rout well, lie put them down, man l'
t as he w as. I II
; House of Common* is an imperial j
?above kings, altove peers, above '*3
!ution*. There is no analogy be- 1'
the powers and privileges of that ,
and this Ilnuse of Representatives. I l'
is no ground of analogy whatever, i ,r
en litem. Why, air, frotn whence is J P1
troftnlive of I lie II f llkft nf ( !tiiiii?i?.ne 1 111
(I f We era told by 11nllaid that 111
?>U!?e of Common* exercises its pro- I 01
vc of punishing for breaches of it*
g??, from proscription of tliu com- l*
iw I Proscription is tijut which cx- Ml
pin time whereof the memory of w
runneth not the contrary. Some '*
it is ?nul to he founded ii|>on slat- j * '
\orn out by use. I think ltal is b'
Uoke says nU.ut it. A
II, shall we fouuil our privileges up- "
> right of prescription i Why this "
r was bora but yesterday. Its life 'H
a day in tho lifetime of a nation. cc
iheto are noble families in England,
date back to tho Norman conquest ( Cf
luiies before litis House, or our Conon
emerged Iroin the bosom of time.1 ^
ire not oTd enough to claim bv [re
on. We must claim by express >*
i?, of which there is no pretence.? b?
fore tho ground on which the House i'i
unions claim prerogative fail# us. d<
ire has been no greater error, in my *
n in th? view which American law- tii
lave taken of the Constitution of *
rountry, than in this deference to "
.rliamentnry law of Knglaud. They
ollow?<| blind!?, tlie file of English
t-nis, wniiout HN'Stniji to ????. r>?tor., ,u
in. They have l*en satisfied in ! K'
to the lamks to find that such h?-e | 1,1
vvers under the parliamentary law be
^land. Tliey do not look to the *'
of the parliamentary law uf Eng ^
1 say there haa been no greater th
than in going to parliamentary law aj
0 derivation of our powers. Wo 1 h?
as well seek our prerogatives in the h?
?s of the Turkish Divan. in
> not spunk of that parliamentary Ix
\v, which has reference to the order
oceeuings in tins House. Tliatlaw h
en adopted as authority, to a certa
itent. Any writer on the subject mig
tve his work ailopted in the same wa
lie Manual lias been thus adopted tort
jvernment of the llolisc. Tlieiefore, <
lose grounds, it strikes me that there
j power flowing from the parliament.!
w whatever in this House to exerc
iese powers and prerogatives.
The nrguini at docs not stop here,
lis House claims the right to punish
lis summery way, because it is a legis
ve tody, why, then, does not (lie p
galixe extend to the President? I
us a greater power than one half of
ler House. His veto cannot be ov
lied, unless by a two-thirds vote. If?
gidulivo power gives ibis House tl
reat power, whence, then does tl
louse derive it? We me no imper
louse. If we take the Constitution, t
'resident is equal in legislative power
s. If legislativepowtr g'ves prerogati
> the House, then it also gives it to l
resident. Hut nobody claims that
oes give it to the President. The In
rablegentleman from Ohio will not cla
int power for tlio President, great
lay be the President's legislative pow
will not be contended that he has t
ower to punish for contempt. It he I
u such prerogative, though he b;;s t
reat legislative power, why is it - hum
>r the House ?"
Thete, again, sir, our lawyers go astri
hey look into English hisioiy, and tl
nd that the House ol Commons elai
:ns power, on account of iis li-uUlut
. ' < -* ? i-?* *,"k
rerogaiives. They tiiul that the Urit
king due* not clitiin it, because it is i
eeessary for the British king to claim
>r the reason that he is amply protec
y the statutes of treason ami misprisi
f treason, and hedged in by that divin
li'ch doth siiiround a king. They lii
it rehire, no authority in British bisto
n which to claim ibis power to pun
r contempt l?y the President of the I*
d Stales, and they do not claim it
itn. If they had the same precede
>r that tliev derive from the House
'ominous, doubtless they would claim I
ower for the l'residcnt.
Again, at an early period, as far In
s 1 yd 1, this matter was (onsideied w
jference to the power of the courts of i
juntry to punish for contempts,and wl
as the decision of both Houses of C<
rcsa at that time ? Both Houses, by I
it of 1831, prescribing the jurisdicti
f courts to punisli for contempt*, declai
at there sliould bo no power in I
juris to punish for contempts except
xitempts in the face of the court. \V
r, wiihi was tli'; meaning of that la
, was ?u expression uf the sense of C?
less that it was dangerous to tiusl I
turts with such power, and that I
onstiitiiion did not authorize it. It w
ni sense of the Congress of the Unil
talcs, that such a power ought not
*?t, c*en in the hands of the jtnlicia
Veil, sir, if the jii'lieiarv cannot he tri
I?those men who hold the scales ofj
ce with an even hand?who will i
tal the power ought to he conferred
us House, which cannot, in the nan
f things, lo supposed to he as impart
ulitically or otherwise, as the courts
iu country ? The fact that the t
lou es, as far back as 1831, thus act
i reference to eontempts is a very slro
(p-esbioti of opinion, hy the Congress
ie United States, that it was neither p
ic, nor constitutional, nor consistent, w
ie lights and liberties of the people,
ust a snniinaiy and unlimited power
Liioshing f r contempt to any body
icn. 1 would ask again, is this pov
ruler which the House acts, a legislat
r a judicial jKiwer, Localise the only im
i w hich the House can act in its legis
ve capacity, as a general rule, is to p
i act or a resolution asm law. Ncith
lien the II-.use acts in this manner, d<
act iu a judicial capacity, for by t
institution " the judicial power of t
nited States" is vested in the coui
ml here is another fundamental er
ade in Atteinplinir to comntre t
oiisMj to ilit) llou*<> til Commons ot K?
rd is tlie great judicial body, the ti
>uit ill England.
Attachments for contempt cnniiot
nisidered in any of the courts of Kiighn
K'nuae, in issuing from the House
uminons, they issue from one of ilie lii^
>t courts of England. Hut litis Hot
not a court. It is n mere legialat
>dy. Tliesc attachments for couloir
England are justified in a veiy gri
?gree by tlie lawyers, by tlie f?o?<
IiicIi the House of Commons derives,
e first court; but, in this respect, tin
no analogy between litis House and I
uu?e of Commons.
Well, sir, again to illustrate the on
the analogy attempted to he drawn I
ii.? power of this !Iou.c ..r.d of:
tiglish House of Commons in Knglar
v House of Commons will punish for
>1. Moil have bceu scourged, imprint
I, and pilloried for libel in England,
'ell, does anybody claim the power
ia House to punish for libel here f
iprehcntl not, at this day. In the ei
r period of our government, when \
id not got well accustomed to the woi
g of free institutions?when we had n
come instinct with the idea of lepnb
of canisui, the ^ nnti; did claim this power ! .7.e
ms to punish for libel, in the case Duaiic.? I wli
kin 1 >iiano w as proceeded against for libel; coi
lit I liev prosecuted liiu , but ibo spirit of the ' art
iv. country, even at that early day, was | pe
lie aroused against them; they were driven | ovi
on back by public opinion, and were very j pr<
is glad to leave lite matter nltnc. lit
ry Surely no ono will now contend that tie
isc the House has power to punish for libel. Iia
Well, then, if the House b: s not the pow- . Hi
II er to puuisli for a libel upon its members, pr
in or upon the House collectively, where is
la the power to punish for as-alltts and hat | th
re- teries, because tlicy are less injurious, to I bu
Lie the llotisc itself than assaults and batte- lo<
ei tics. Vou may strike down one, two, or lis
er three members of llio House, and tl.ey by
lie will get up again ; but if yon attack the ag
liis good name of the House, you attack that J 1*>
liis which is priceless, you aap the foundations p'i
iai of the Government, you leav e it a mere it
he thing of shreds and patches?a govern- lu
to meat in form but not in spirit, for a gov- liti
ive crninent demoralized is no govermucnt at ! pr
lie all If, therefore, you cannot punish for of
it the greater offence of fib. I against tin; of
in- whole lions.-, how can you punish for the i en
im lesser t lier.ee of assault ami batl. rv on a ' to
as single ineniber ? See the absurdity of j tli
er. your position. At one time it was hold re
be good constitutional law that the House II
ins could punish for a libel. Now, ail this is tr
his exploded. May we not hope that triiili, hi
led though it travels slow, will eventual.v ru
reach the Ho.ise, as to the kindred power II
ay. now claimed? It is admitted you cannot th
ley punish lor a libel. It this h- good law, oj
ins you cannot punish for assault and liative
tery. d.
isb Again: in the Convention which adopt- ti?
not ed the Constitution, it was propose. I to 11
it, make each House the judge of its own j lb
ii-ti i !> ? iii-g?:>t ?uu jxnvcr l<> pllllIMI I?.r US | p<
ion saults on iis members ; Inn the proposi- I gi
itv tiuii was rejected. Mr. Madison, object- m
lid. ing, said : (i
rv, 4 It would be better to make provision ' fa
i?,li lor ascertaining by law the j rivilege ?>t j p<
m each House, than to allow each House to j ci
for decide for itself." : II
ills Surely the action of the Convention on ^ (h
of tliis proposition it an argument of great, lie
the if not of conclusive, I'oice ngaiust the fo
claim of power now made. a
tek Again : it has been decided by the Su- I tc
ith pretuu Court, in the case of'In- I n:u-d i
tin States vs. Hudson ck t ioudvr in, (7 Ciuncli, th
ia( 'If.) that the Federal courts have lioju*
on risiliction over common law olleiiccs, and it?
[he can only pioceed under express statute, th
ion Is not the principle decided in this case, th
ed at war with the idea that either House ot >u
the Congress can exercise a criiiTiual jurisdic of
for lion, l>y value of the parliamentary law, th
ell, which is only a branch of the common S<
w I law of England I If the courts cannot II
on- punish without express statute, how can b?
. I . . I * i ?
me eiiner liouse ?!'> so f
the The ciiso of Alulerso'.i vs. l)unn, (0 ill
Ms WliCiiton, 204.) is relied upon as auihori i ??tl
t<??l ly for the liouse to punish for contempts I lei
to generally J hut the point of that decision ! mi
ry. is very much misapprehended. The ?
int" Coin t in that case say :
us- 44 I lie pleadings have narrowed the
lay question down to the simple impure,
on whether the House of Keprereiitatives can
ure take cognizance of contempts under any ^
inl, circumstances f"
i of It might be conceded that the House
wo could punish for contempts in its presence,
ted hut that would fall far short of the po\vr
ng claimed ill this case, as the assault in thiol
case was not committed ih the presence
iol- ot the liouse, nor while it was in Session. |
illi This case, then, in my opinion, dues not u
to torch the point of the controversy now
of raised. in
of 1 have not time to enlarge upon the ||,
rcr danger of the c'a in of prerogative now i|,
ive raised for the House. I w.ll content my- j d,
>de self wiili quoting the opinion of Mr. llal- I ?|
la lam on this | oint, in reference to the ac of
ass ' lion of the House of Commons. He di
er. says: ?f
>e? *4 It may surprise those who have l.eard wi
ho of the happy halaiice of ;he English Con
he slitution, ot the responsibility of every man <|v
rts. to the law, and of the security of every oil
ror subject from all unlimited power, especial- ih
his ly as to personal freedom, that this power 0f
ig of awarding punishment at the discretion un
rst of tlie House of Parliament is generally uf
reputed to be universal and uncOiilrolla- an
be ble. It has beeri several times brought un
id, into discussion before the ordinary tribu- ! pr
of list*, and the result has been that, it the ;
-h power of Parliament is not unlimited in J (oi
iso right, ll.ero is at least no remedy provided J ih
ive against its excess. Notwithstanding such sn
ipl imposing authorities, there lias not been pr
?at wanting some who have tlumeht that ihe V.
rer ?l^?*-tritie of uncontrollable privilege in both ! (|,
hh eminently dangerous in it free country, [ f,,|
;re and repugnant to the analogy of our free , u|i
lie Constitution. I tic
* I cannot do more than allude to the *el
ror opinion of Mr. Jefferson on thin point, to hij
w l>? found at the 57th page of the Manual. ?
ho A prerogative considered i?o dangerous in of
id, Knglaiid, so doubtful hero, should certain- gr<
li ly give u? pause. '|'n
m- 1 have hitherto argued the case as if Nla
? the assault had been upon a member of m.i
in this House, hut it was not; it was on a Or
1 Senator, which makes nil the difference Ar
?r i magi n a hi j. I utterly deny that this afi
ire House has any power to punish for an as pri
k- sault upon a Senator. If this be an of- as i
ot feuse against the Sena>, and *he Senate thr
li- alone have powci to punish n priiate cil- ihc
n for an assault on one of its members,
iy cannot it punish Mr. Brooks. His
istitutional privilege of freedom from
est does not c'.tend to a breach of * lie ;
ace. If the Senate lia\e jurisdiction ! I
er such an offense, there is nothing to ! 1
event it from proceeding against Mr. j
'ooks. Assenting the general jurisdie- j 1
it over such class olVettses, the Senate ' i
ve declined to exercise it against Mr. i
U"ks on the authoiily of the English
peedent .
But in following the English precedents,
u Senate have, 1 submit, with deference, .
it with entire confidence, entirely over- j
ikc.J the grounds upon which the Eng- j
It precedents rest. In case of nil offense j
a member of the House of Commons j
;ainst the Uouso of Beets, the House of j
:ers docs not take jurisdiction, oil I colli- !
uins to the House of Commons, because j
is a fundamental principle of the Cotistitional
law of England that every man '
is a right to he tried by his peers. This j
iticiple would be violated if the lluin |
Lords undertook to punish a member
the Ilo..se of Commons, or nnv other
iiimot or. So, id u *i* , thu House of j
mmons cannot proceed against one of
e peers. For authority on this point 1 ;
for to Ferral's Law of l'arliniuont, 131. j
i.s distinolioii <!oes not hold in this conn- .
y, for all are peers. It is a familial 1
axim of the law, that, the reason of the i
!e ceasing the rule likewise cease'h.? I
in principle upon which the practice of I
e House of 1 Vers proceeds not being!
>i rati* c I,ere, the practice cannot exist.
I LMtU'luilB. t iu'lfltirr Willi <?iit?r?* < < nti- .
nee, tbal if either 1 1<?"ho has jui isdic-j
id in tins ohm.', it is tin* Senate; lliut the i
ouse cannot t.aki jurisdiction as could
ic House. of Commons for a defect of j
>w?riti Il.o upper House, bemuse the j
ouijn upon w11toll that defect of power
(lie House of I Vers rests?necessity of J
ial I?\ one's peers?does not in point of j
i t ev?t here. I invite attention to this
i lit, as I consider it set'lest he case con i
usivciy against ti e j irisdictioti of tlie :
ouse, especially when we consider tliat
e committee rest their claim of jurisdie- i
>n upon the ground " that liie Senate, 1
r a breach of its privileges, cannot arrest |
member of the Hutise." The commit- |
e, after 4 brief leeita! of facts, s:i\ :
"2. That ibis assault was a breach of
e privileges of tbe Senate.
" 3. 1 hat the Senate, for a breach of L
1 privileges, cannot arrest a inciuhir ol |
e House of Representatives, and n for- I
>ri cannot try and punish bin ; that ;
eh authority devolves upon the House |
wliicli lie is a member, an 'therefore, |
at it is not within the jurisdiction of the j
nate, and can only be punished by tbe ,
oitse ol which Mr. Brooks is a luctnr
1 ?
It was ruy purpose to have gone into
e fact* ol the case, but having been out
f by the expiration of mv hour, I do not
?l at liberty to pursue this line of argttOllt.
Jtlisrrllomj.
i LEGEND OF NEW ENGLAND.
TV JOHN o. WHITTIKR.
"Shrieks?fiendi.ih yells,?they ?tai> lliein in
their sleep.
One hundred years ago !?the hunter, j
Li) ranged the lulls ami the forests ol |
lmv England, fought agaiu>l olhei tneit's
titan the brown hear ami the pa?
er. The husbandman, its lie toiled in I
e plain, or the narrow clearing, kept
iselv :it i.is side a loaded weapon; and
rotighl diligently and tiimly in the midst :
peril. The frequent rino\ of the In- j
nr.'s ritle was b":tr?l in the still depths ;
tin* ?rest ? the death knell ol the uii- I
try hunter; and, ever and anon, the!
me ol soiuc do Voted larui-house, whose ,
n llers had been slaughtered l?y a mores*
loe, rose redly upon the darkness of
e night time. The wi.d and fiery eyes
the heathen gleamed ihiough the thtek ,
derwood of the forest, upon the passing
the worshippe.s of the ouly true God;
d the war-w hoop rang shrill and louu
d?*r the very walls of tlie sanctuary of i
nver.
IVrhap* no part of New England nf- I
(Is a wider field for tlio resoachea of,
e legendary, than that portion of iNJas ,
ihusell* Bay, formerly known ni the |
ovinee of Maine, 'there tlio ferocious
rrridgewock held his stern councils, and (
ere the tribes of the Penobscot went (
ill wi h song and dance to do battle ,
on the while ir.an. There, the rum am ,
and chivalrous Casliue immured hint- f
f in the forest solitudes, and there the ,
fhdicarted Rsile?the mild gifted Jesuit
gathered together the broken strength
the Nr.rridgewock, and built up in the j ,
at wilderness a temple to the true liud. I
ere, too, he perished in the daik on- j j
nght of the Colonists?perished with
my wounds, at the very foot of t!.c
oss, which his own hands had p'auled.
id lln.ro the Norridgewocks fell?one
cr another in stern and uncomplaining
do?neither asking nor giving quarter,
they resisted the white spoiler upon th< i
eshold of their consecrated place of'i
lir wives ant." children. ! i
The following is one among many lo?ends
of tlie strange rencounters of lire
While Man ami the Indian, which are
ret preserved in the ancient records and j
traditions of Maine. The simple and un- I
varnished narrative is only given :
It was a sultry evening towards the |
last of June, 1722, that Cap*. Harmon i
itnd tlie Kastein Rangers uiged their canoes
up the Kennebec river, in pursuit of i
their enemies. For hours they toiled dil- |
igently at thenar. The hut trace of civ- |
ili/.ation was left behind, and the long j
shadows of the skirling forest met and J
blended in the middioot the broad stream,
which woutid%darkly through them. As
every sound front the adjacent shores? |
the rustling wing of some night-bird, or
the i, tick footsteps of some wild beast?
the dash of the oar was suspended, and
4lie ranger's gr''*p tightened on his ritie.
All knew the peril of the enterprise; and
!r?; silence, which is natural of jeopardy,
settled like a cloud upon the midnight adventurer?.
' Hush?softly men!" sai l the watcht.d
Harmon, in a voice which scarcely
rose above a hoarse whisper, as the canoe
swept around a ragged promontory, "there
i> a light a head !"
All eves were bent towards the shore.
.V tall Indian fire gleamed up amidst the
great oaks, casting a red and strong light
up*ui the dark waters. For a single and
breathless moment the operation of the
oar was suspended, and every ear listened
. ith painful earnestness to catch the wellkiKwn
sounds, which seldom failed to ind'cate
the propinquity of the savages.?
l?ut all was now silent. Willi slow and
faint movements of the oar, the cattoes
gradually approached the suspected spot.
The landing was effected in silence. At'
trr moving cautiously lor a considerable
d'staiiec in tho dark shadow, the party at
hngth ventured within t!ic broad circle of
the light, which at first attracted their attention.
ll.mnon was at their head, with
an eye and a hand, quick as those of the
savage enemy whom he sought.
The body of a fallen tree lay across the
path. As the rangers were on the point
of leaping over it, the coarse whisper of
Harmon again broke the silence:
' (iod of heaven !" lie exclaimed, point
ng t<> the tree. "See lis re!?'tis the
work of the cursed red skins!"
\ smothered citrso growled on the lips
of the rangers, as they bent grimly forward
in the direction pointed out by their
commander. Blood was sprinkled on the
tank crass and a human hand?the hand
of a while man lay on the bloody log.
There was not a word spoken, but eve
rv countenance worked with teniblcemotion.
Had the rangers followed their own
desperate inc'iltalion, they would have
hurried recklessly onward to tiie work of
Vpnircnnt'p ! hut 1 ln? ovjimiiln
? - > y ?? r? ? .v..~
cr, who had regained his usual calmness
ai.d self command, prepared ihein for a
le?s speedy, hut more certain triumph.?
Cautiously passing over thefcniful obstaclc
in the pathway, and closely followed
l?y his companions he advanced stealthily
nnd cautiously upon the light, hiding himself
and his parly as much as possible be
hind the thick trees. In a few moments
they obtained a full view of the object of
their st arch. Stretched at their length
around n huge fire, but at a convenient
distance from it, lay the painted and half
naked forms of twenty savages. It was
evident from their appearance, that they
had passed the day m cuo of their horrid
revels, and that they were now suffering
under the elVects of intoxication. Occasionally,
a grim wariior among thera
started half upright, grasping his tomahawk,
as if to combat some vision of his
disordered brain, but, unable to shake oft'
the stupor from his senses, uniformly fell
back into his former position.
The rangers crept nearer. As they
bent their keen eyes along their well-tried
r fler, each full perfectly sure of his aim.
They waited for the signal of Harmon,
who v. as endeavoring to bring his long
musket to hear upon the head of the most
distant ot the savages.
"Fire!" he at length exclaimed, as the
right of his piece interposed full and dis
linct between bis eye and the wild scalplock
of the Indian. * Fire, and rush
on r
The sharp voice of thirty tides thrilled
through tho heart of the forest, j here
was a groan?a smothered cry?a wild
an?t convulsive movement among the
sleeping Indians; and all again was silent.
The rangers sprang forward with their
L'luldied muskets and hunting knives; but
ihey was gone. 'Hie lied Men had gone
to their last audit beforo the Great Spirit,
ind no sound was heartl among them
mvo the gurgling of the hot blood from
heir lifeless bosoms.
Tliey were left unburied on ihe place of
heir revellhig?a prey to the foul birds of
he air, and the ravenous t??t??t? < ?f 11???
siiderness. Their scalps were Iwruc
l'nn ward in trium| h by tlie succeasftill
angers, whose children and grand-chil
Iron shuddered, long after, at tho thrillng
narration of the mid- .ight advenure.
'ihe Printing Pr^aa?the Lever which
nnves the World; tho Ruling Power
*h?ch makes Kiwgs tremble)
EXECUTION OF MAJ. ANDRE.
The following interesting account of the
execution of Major Andre, October 2,
1780, as given by an eye witness, has
been extracted from the Historical Collections
of New Jersey :
I was at that timo an artificer in Colouel
Jedutiian Baldwin's regiment, a part
of which was stationed within a short distance
of the spot where Andre suffered.?
One of our men (I believe his name was
Armstrong) being one of the uldest, and
| best workmen at his trade in the regiment
j was selected to make lus collin, which ho
performed, and painted black, agreeably
to the custom in tlioso times. At tliis
time Andre was confined in what was
' called a Dutch Church, a sma!! s-nnebuil|
ding with only one door, and closely guarded
by six sentinels. When the Lour apI
pointed for his execution arrived, which I
Ueliex? was two oclock, P. M., a guard of
three hundred men we.e paraded at the
place of his confinement. A kind of procession
was formed, by placing a guard
in single file on each side of the road. In
front were a large number of American
! oificers of high rank on horseback. These
were followed by a wagon containing Andre's
cotliu; then a large number of officers
on loot, with Andre in their midst.
The procession moved slowly up a moderately
rising Bill, I should think about a
fourth of a mile to the west. On the top
was a field without any enclosure. In
this was a very high gallows, made hy
setting up two poles, or crotches, and laying
a pole on the top. The wagon that
contained the coffin was drawn directly
under the gallons. In a ?diort time Andre
stepped into the hind end of the wagon
; then on his coffin?took off ids hat,
and laid it down?then placed ids hands,
upon his hips, and walked very uprightly
| back and foilh, as far as tbe length of his
collin would permit; at tbe same time
I i.:.. ?? i ??
I .........t, mo ? uj'uu me poie over ms
j head, and (lie whole scenery by which lie
I was surrounded. lie was dressed in what
| 1 should call a complete liritish uniform ;
I his co.it was of the brightest scarlet, faced
or trimmed w ith the most beautiful green.
' His under clothes, or vest and breeches,
were blight bull, very similar to those
I worn by military officers in Connecticut
I at the present day. He had a long and
I beautiful head of hair; which agreeably
to the lash mi, was wound with a black
ribband, and hung down his back. All
eyes were upon him ; and it is not believed
that any officer of the Hritish army,
placed in his situation, would nave appeared
better than this unfortunate man.?
Not many minutes after lie took his stand
upon the coffin, the executioner stepped
into the wagon, with a halter in his hand
which he attempted to put over the head
and around the neck of Andre; but by a
sudden movement of bis hand this was
prevented. Andre took off the handkere.
i
vmvi nviii ma iivck, unpinneu n:s sinrt
collar, and deliberately look tile end of'
the lialler, put it over his head, and placed
the knot directly under his tight ear,
: and drew it very snugly to his neck, lie
then took from his coat pocket a handkerchief,
and tied it over his eyes. This
done the officer that commanded (Ids
name 1 have forgtton) spoke in rather a
loud voice, and said that It is arms must
he tied. Andre nt once pulled down the
handkerchief he had just tied over his
eyes, and drew from his pocket a second
one, and gave it to the executioner; and
then replaced his handkerchief. Hi* srms
were tied just above the elbows, and behind
the back. The rope was then made
; fast to the pole over head. The wngon
i was very suddenly drawn from under the
I gallows, which together with the length
, of the rope, gave him a most tremendous
swing back and forth ; lot in a few minutes
he hung entirely still. Ouring the
whole transaction, he appeared a? little ?
daunted as Mr. John llogers is said to
have been, when he was about to be burnt
at the slake; but his countenance was
rather pale. Ho remained hanging. I
I should think, from twenty to thirty minutes;
and during that time the chambers
of death were nevei stiller than the multitude
by which he was surrounded. Or
j dors were given to ct? tlie rope, and take
I liiin down, without lotting him fall. This
j done and his body carefully laid on
j the ground. Shortly after, the guard was
' withdrawn, and spectators were permitted
to come forward and view the corpse ; but
the crowd was so great, that it was some
time liefore I could get an opportunity.?
When I was able to do this, his coat, vest
and breeches, were taken off, and his bod*
y laid in the coffin, covered by soma tin*
der-clothe*. The lop of the coflin was
not put on. I viewed the corpse more
carefully, than I had ever done that of
any human being before. Ilia bead was
very much on one sido, in consequence of
tlie manner in whicb the baiter drew upon
bis neck. His face appeared to he great[
|y swolen, and very black, much resent
tiling a high uegieeof titvtiiiiewtioW. It
was indeed a shocking sight to behold.
There were a. this time standing at l'ie
foot of the coffir., two young men, of uncommon
short stature. 1 should tbink
not more than four feet high. Their
dre?a was the roost gaudy that refer beheld.
One of them had the clothes, just
taken from Andre, hanging < n his arm.
I took particular pains to learn who they
v ere; and was informed that tbey we o