Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, August 31, 1882, Image 1

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iiewis m. grist, proprietor. ^n Jitbfjjntiitiil Jfamilg Hetosjraptr: ^or f|t ^promotion of tjjt., political, Social, ^gritnltaral anil Commercial Interests of tjie JJontjj. |TERMS?$2.50 A YEAR, IN ADVANCE. ..VOL. 38. YOEKVILLE. S. C., THUB8DAY. AIJGIJST 31, 1883. NO. 35. j->; I I ;/r/: . . JOHN REBMOND'S INHERITANCE. They were all"assembled" in the Study at ttie old Grange to bear tlie reading of Gilbert Redmond's will. His widow sat in the large, highibacked chair opposite the great square window. The sunlight fell on a kind, sad fhee, full of , mother] iness, though she had never knb^n the joys of maternity. Near her, and leaning on the mantelpiece, stood her husband's nephew, John Redmond, a tall, strong-built man of thirty years, with kindly, bright Wtie eyes, and sunny brown hair clustering over a forehead, as fair and smooth as a maiden's. His battle with life had left some lines around the firm mouth, which in his boyhood must have been singularly sweet, though never effeminate. Seen now with that grave, set expression, he gave one the impression of strong, true manhood. But the power of his face lay in his Smile. It was irresistibly winning. Seated at Mrs. Redmond's knee was her niece, Winnie Barton, the adopted daughter of the house. A slight, graceful girl of eighteen summers, she was a perfect'picture of blonde beauty, reminding one forcibly in her grief, of the sorrowful face of Beatrice Cenci. Iler great brown eyes were full of tears, and but for this she might have been carved in marble, so motionless was she. With the addition of a dozen old servants, standing in sad and respectful silence at the further end of the apartment, my group is complete. They were awaiting the old family lawyer, Mr. Weston, and dreary as the stillness was, no one was in the mood to break it Ten years ago, when Winnie was a child, and John Redmond a youth of twenty, his uncle had endeavored to induce him to give up his scheme of entering a medical college, promising him a liberal allowance and to acknowledge him as his heir. But John refused to sacrifice his independence, and the uncle and nephew parted?with sad determination on one side and a command never again to enter the Grange on the other. "If you are sick or in trouble you will send for me, uncle ?" asked the boy, wistfully, as he turned from the stern old man. But though he returned no answer the words rang in his memory years after the bright young face had passed from the old mansion. John Redmond won fame if not fortune from the world which he had entered. A year before he died, the old man sent for him, and when he came could hardly traee in the bronzed, bearded man the l?oy lie so well remembered. But he was proud of him and won - - i tlwvt lift nr/\nlr1 iyiqI-o tVlO H reiUCiaill UUHSCllL mt??/ u? .......v. old Grange his home. "ft will not be for long, John. The grave ? will soon claim me," he said. And it was so. One short yekr and the restless heart was set at rest forever. Now for the hist time would he utter the wishes that had always been as laws. Steps were heard approaching, and in another moment the lawyer was bowing gravely to the family. Then "without further introduction, he read the will. Like most other actions of Gilbert Redmond's life it was eccentric. Toward the end he had conceived the notion of a marriage between John and Winnie. Although never hinting his reason to the young people he had contrived that t hey should be "much together. His property was now to be equally divided between them in the eyent of their union. If either of the parties refused to comply with the conditions his or her portion was to go to the other. In case of both, refusing the whole went to a distant cousin. With sundry small bequests to friends and servants this was the substance of-the will. The lawyer, taking off his spectacles, approached Mrs. Redmond and commenced a conversation with her in a low key, kindly abstaining from noticing Winnie, who, with burning cheeks, left tiie room as soon as possible. John's face, top, was flushed, and his manner tinged with embarrassment as he re plied to the few questions put to him by ins aunt, who told him they would look for his answer in three days ; then he escaped to the library with his friend, Percy Norton. There we will leave him and follow Winnie to her room. On entering she flung herself into a wide, deep arm-chair near the window. The rays of the setting sun touched the bowed, golden head and lingered there, lighting it into still brighter glory. Shame, resentment and wounded pride were struggling with the softer feeling in her heart. Kind as her un.cle had always been, how pould he now be so inconsiderate. How dared he fling her at any man's head, and least of all at John Redmond's ! John, who had been her hero ever since they had brought her home, a poor little motherless babe, and his were the only arms in which she would rest! They had been turn friends ever since, and the greatest sorrow and joy of her short . life had been his exile and return. Perhaps, whispered hope, he may love you, and all will be right. But the timid little voice was silenced as memory brought back a host of actions, all kiud, but none lovelike. Long did she sit there, and many a little scheme passed through her head of stealiug away into the world and leaving John in possession of the fortune. "What is to be done must be done quickly," she said, "or he will be before me in the refusal of the property ; and I must go away and let him think me dead." Then she rose, bathed her eyes, and stole down to the garden. Her favorite seat was just outside the library window, and it was here she went just in time to hear John's voice saying . ''Yes, we have always been fond of each other in a cousinly fashion, but I tell you, Percy, under the circumstances. I never can and never will ask her to marry me ; and, poor, little girl! to save for her that money, I must refuse her." Gathering her skirts around her, Winnie tied noiselessly back to her room, but not this time to think or weep. She was cut to her heart, for, all unknown to herself, she loved John Redmond with the full strength of her woman's nature, and, womanlike, prepared to sacrifice herself for the man she loved. For an hour she busied herself in settling the contents of the various drawers and boxes in the room, making up some of the plainer articles of clothing into a small bundle. She then sat down, and, taking pen and paper, wrote the following note : "Dear Aunt Louise:?Ere you have rend this I shall be lying under the dark waters of the river. Tell Mr. Weston I absolutely refuse to coinply with the terms of my uncle's will. I could not; a barrier greater than you know exists to his desire. Try and think kindly of me, and tell John not to think harshly of his little sister. Winnie." "It is better they should think me dead," she said. "If they knew my real intentions thpv would never cease to seek for me." Then. stooping down, with a foolishly tender thought, she kissed John's name where she had written it, and, sealing the note, left it where they would find it. Putting 011 her hat and cloak she took down from the shelf her pretty garden hat, and carrying that and the bundle stole from the room. "*?- - At the door she paused and looked back. She had been so happy here?so happy! But stifling her sobs she fled down the old familiar avenue and took the patli leading to the river. And now let us go back to the library. Had ]>oor little Winnie but come a moment before she need not now be speeding away from her j home with so sore a heart. John Redmond j loved her with a love equal to her own, and | the words that she heard were spoken under : the belief that she loved him with only a sis-! terly affection, which lie was too noble to play upon by inducing her to become his wife. Percy had to return to his home, and his friend determined to walk with him as far as the station, as the night had become cloudy and threatened a storm, and the former was unfamiliar with the road. He was now returning, and just as Winnie's figure had emerged from the gate he caught sight of it, and at once recognized her. ''Where can the child be going at this late hour ?" he soliloquized. "It seems dishonorable to follow her, and impertinent to question, and?good heaven! she must be. walking in her sleep. In any case, I must follow to protect her." A very little watching sufficed to show him that she was at least wide awake, so on they walked, the yonng man keeping in the deep shadow of the trees, so that she did not discover him. At last they reached the river, and here she paused. A thrill of fear caused him to hasten his steps. But no, Winnie's was too noble a soul to dream of self-destruction. It was now raining heavily, and the flashes of lightning showed him the slighest figure bend over the stream and drop into it the garden hat that she carried, and then turned away toward a bridge a few yards farther down. He followed noiselessly, almost breathless from astonishment; the lightning revealed her standing on the bridge, which was struck by the next flash and she sank from sight beneath the waters. ! It was the work of a second to spring in after her, cursing himself for not having stopped her before, and seize the unconscious form as it lose to the surface. He was a good swimmer and soon gained the bank, where he laid his unconscious burden. She was not, as he at first supposed, dead, but dazed by the shock. His professional skill enabled him *- L1? 1a Koc t*oAAvavv to 1186 1116 U6SL UlCiWJO tu piuuiubcuci icbv<vv, and he was rewarded ; for in a few moments she opened her eyes, and recognizing him, exclaimed in the old, childish days : "Dear old John 1" Then, as he raised her in his arms, murmuring tender, loving words, she remembered all and endeavored to break from his hold ; but the exertion was too much and she sank back fainting. They were only a quarter of a mile from the house, and he carried her home, never feeling the burden in the joy of having her safe, his own darling, after those few terrible moments of despair. Carrying her into the library he quickly summoned her aunt, and the girl was soon put to bed. When, after a while they found the note, John could not understand it all, although, with rare trust, in a man, he felt sure that whatever might be the solution of this strange enigma, Winnie, waTstill the noble Winnie of old. Mrs. Redmond, being a woman, saw deeper, and in the few carefully chosen words read the whole pitiful little story and the true woman's heart of the young girl who was now lying in a high fever, and raving of wills and dark rivers, and repeating over and over again the words she had heard in the library, which in one of his visits to the sick room, John chanced to hear and recognize as his own, making clear to him what had been dark, and causing a sigh for what might have been. For bright little Winnie, the household darling and queen, lay apparently dying. Many nights they watched, despairing ; at last she was pronounced out of danger, and one day soon afterward saw her in the old sunny window of the library. She was only a pale little shadow of herself, with all her life and spirit crushed out, and it became apparent to all the burden on her mind must be removed or she would never recover. So John carried her down stairs, and as the golden head lay on his breast, he could not help thinking of that night when the curls were wet and stormtossed, and he bent to kiss her as he had done then. The caress brought a wave of color to the pale cheeks, making her look more like the Winnie of old days. When he laid her on the lounge and arranged the shawl and pillows, she looked wistfully at Aunt Louise, who, smiling kindly at her, went to attend some household concerns. "John will entertain you, dear," she said, as she closed the door. For a moment neither spoke, for both were thinking of the explanation wnicn tney ien must come. Then John, seeing the pain and shame on the dear face, went over to her with the old winning tender smile, and kneeling down on one knee took both the cold trembling little hands in his warm, strong ones and said, in low, tender tones in which he always spoke to her : "We will let the past go, Winnie dear, and I will never ask the reason of that night's story ; but little one, I want you to trust me, too. I have loved you a long while, dear, and Uncle Gilbert's fortune could be no temptation to me. Yes, I know just what you mean," as she interrupted him; "I know what you heard that night, but, dear, you did not hear it all. I would not ask you to marry me, because I believed you did not love me; but now, Winnie, will you be my wife." She had meant to be brave and dignified, but her illness had made her weak as a child, and his tender trust broke down the last remnant of her pride and self-i>ossession. She just clasped her aims around his neck, and, laying her head on his shoulder, cried softly. Neither spoke a word, but with his strong arms around her she felt that the old bitter sorrow had gone forever, and a future full of happiness was before her. When she was calmer she insisted on telling him all, and then she knew that if she had erred her fault was at least a generous one. "You have not answered my question yet, Winnie," he said, looking down into the blushing happy face raised so trustfully to his; "do you love me, my darling V" "I have loved you all my life, John," she said, conquering her shyness in the endeavor to make some return for his noble trust. "Thank God, dear!" lie said, reverently, bending to kiss her lips. T1"" Rnvri! nr I."1 A IT (lli:trlp5 .T frill 1I1A vr v* \J * a. v/...*. v . ^ teau was hanged for the murder of the late President Garfield June 30. llefore the rope was placed around his neck there had been an understanding arrived at that the final burial place should be the Army Medical Museum, as this was probably the only safe place where the remains could be kept. The body was buried July 1, in the basement of the jail in the east wing ; the resurrection took place on the night of July 8. At the disinterment there were present Dr. Lamb and Mr. E. E Schafhirt, the anatomist of the Medical Museum, and assistants, with Rev. Dr. Ilicks, the spiritual adviser of the deceased, Deputy Warden Russ, Capt. James Coleman of the jail, and two laborers. Light was furnished l)y two lanterns, and in a short time the coflin was reached. The casket and its contents were taken out and placed in a wagon and driven to the Army Medical Museum, into the rear entrance of which they were carried and the body was placed in a vat of alcohol. Since then the flesh has been removed and the bones have been in course of preparation for mounting as a skeleton, if that course should be determined upon. Most of the bones have been treated with ether and are now being bleached, but some of the larger ones have not yet been faken from the ether bath. The process of articulation will likely be entered upon in a few days, and in a little time all that remains of Charles J. Guiteau may form a ghastly exhibit among the skeletons of men from every portion of the globe. It is said, however, that there is some doubt as towheth 1-- :il .. elrol. LT uu]tf<urs UUIlCft >>111 umrti; u in OL-tuvoo orw>. ieton, for it lias been found that, from some cause, many of them appear to be porous, and it will require more than ordinary care to mount them.? Washington Star. Thought.?Thought is the motive powei of progress. "Without it a man is a brute and improvement impossible. In every age the historian finds men whose thought grasped with problems that were then but prophesies of possible progress yet unrealized. These were the visionaries, the fanatics of theii times. They were few and poor and of smal reputation. They were the objects of ridicule, contempt and persecution by the rich, the great, the respectable and the "unco good.' Yet the glory of their name, illuminated bj the realization of their dreams, gilds the agt in which they lived with the golden glow ol distant sunset. The transcendental though! of one age becomes the basis of the practica work and faith of the age succeeding. Though! is the prime factor in God's plan for redeem ing humanity from ignorance, vice, poverty crime, sickness and sorrow. Thought ii born of suggestion, hence to listen to or rear the thoughts of others promotes thought ii those who read or hear, but whether otie/i thought is high, low, worthy or unworthy depends largely upon the books and papers on< reads and the society one keeps. Evil com munications corrupt thoughts and manners i Uliscellaueous Reading. | the kuklus AlIT invalid, i A SWEEPING DECISION BY CIRCUIT JUDGE i WOODS. The decision of Associate Justice Woods in j the case of Le Grand and others is as follows : UNITED STATES CIRCUIT COURT, EASTERN DISTRICT OF TEXAS. Israel Le Grand, plaintiff in error, vs. the United States?Error to the District Court for the Eastern District of Texas. On October 11, 1881, the United States attorney for the Eastern District of Texas filed an information against Israel Le Grand, the plaintiff in error, William Ridley and William Laney, in which it was charged that on May 31, 1881, in the county of Camp, and within the Eastern District of the State of Texas, the plaintiff in error and the said Ridley and La ney did conspire together and go in cusguise upon the premises of one Dennis Bolton, afree male citizen of the United States and of the State of Texas, who was of the African race and descent and of black complexion, for the purpose of depriving him of the equal protection of the laws of the United States and of the State of Texas on aceount of his said race, and color, and especially for the purpose of depriving him (the said Bolton) on account of his said race and color, of his right and privilege to give evidence in a certain criminal prosecution pending before one J. T. Covington, a justice of the peace, of said county of Camp, in the name of the State of Texas, against the said William Ridley and one Robert Carr, and to prevent the said justice of the peace from giving and securing to said Dennis llolton the equal protection of the laws, to wit : the right to testify in behalf of the State of Texas in said criminal prosecution, and to prevent the said justice from securing to him, the said Bolton, immunity from personal danger from and at the hands of said Ridley, Le Grand and Laney, and that said defendants,-' for the purpose of effecting said conspiracy, having gone upon the premises of said Bolton, did upon said premises assault and shoot and inflict great bodily harm upon the person of said Bolton. Only one of the defendants named in the information, namely, the plaintilf in error, was arrested by the marshal. He was arraigned and pleaded not guilty, and was put upon trial. The jury returned a verdict of guilty, and lie was adjudged oy me couri to pay a nne 01 $500, and to be imprisoned at hard, labor for the term of live years in the penitentiary at Chester, in the State of Illinois. This writ of error is prosecuted to reverse that judgment. Mr. Charles A. Culbertson for the plaintiff in error. Mr. Edward Guthridge, United States attorney, for the United States. Woods, Circuit Justice. Many points have been presented by counsel for the plaintiff in error on which a reversal of the judgment is demanded ; some of them are based upon alleged errors of thecouit in its charges to the jury. As the charges complained of are not incorporated in any bill of exceptions, but are inserted in the record by the clerk, without any authentication by the judge, they are not properly presented, and can not be considered. There are, however, other grounds, properly presented by motion in arrest of judgment, upon which a reversal of the judgment is asked. I am'of opinion one of these grounds is well taken, and as it is not only fatal to the judgment in this case, but also to any prosecution in a United States court for the acts charged in the information, it will be alone considered. The ground referred to was in substance as follows : Because the Act of Congress upon which the prosecution rests was passed without any constitutional warrant. The law, the violation of which is charged in the information, is that part of Section 2 of the Act of April 20, 1871, (17 Statutes, pp. 13 and 14,) which now constitutes section 5,519 of the Revised Statutes of the United States. It declares, if two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the u'lit-il ni'Atufition nf tho I'.iwc pnpli nf sairl persona shall be punished by a line not less than $500 nor more than $5,000, or by imprisonment with or without hard labor not less than six months nor more than six years, or by both said fine and imprisonment. The plaintiff in error insists that the Constitution of the United States nowhere confers on Congress the power to pass such an act; and the question for solution, therefore, is under what clause of the Constitution, if any, can this legislation be sustained V The Fifteenth amendment can have no application. That amendment relates to the rights of citizens of the United States to vote. It does not confer the right of suffrage on any one. It merely invests citizens of the United States with the constitutional right of exemption from discrimination in the exercise of the elective franchise on account of race, color or previous condition of servitude. (U. S. vs. Reese, 92 U. S., 214; U. S. vs. Cruikshank, 92 IT. S., 542; U. S. vs. Cruikshank, 1 Woods, .'122.) Section 5,519 of the United States Revised Statutes has no reference to this right. The right guaranteed by the Fifteenth amendment is protected by Sections 4 and 5 of the Acts of May 31, 1870. (10 Stat. 141; Sections 5,500, 5,507, Revised Statutes.) It requires no argument to show that a law which according to the theory of the prosecution, and which, in fact, is intended to protect, among other things, the right of the citizens to give evidence in the courts, cannot be based on an article of the Constitution which einmlv nrntunfo flip riorht flip pifiypn tn flip elective franchise against discrimination on account of his race, color or previous condition of slavery. Nor can authority for this legislation under review he found in the Fourteenth amendment to the Constitution. The only part of that amendment, which can have any bearing upon the question at hand, is the.first and fifth sections. The first section declares, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of its laws." The fifth section declares: "The Congress shall have power to enforce, by appropriate leg islution, the provisions of this article." 1c is perfectly clear from the language of the ! first section above quoted that when a State .! has been guilty of no violation of its provis> ions, the section does not confer on Congress the power to punish private individuals who, acting without any authority from the State, and it may be in defiance of its laws, invade those rights of the citizen which are protected by the amendment. I The scope of the two sections of the amend! ment. above quoted has been defined by the Su| preme Court of the United States in several ; j cases. Thus in Cruikshank vs. United States, [ 1)2 U. S., 542, it was declared by tlie Court, , Mr. Chief Justice "Waite delivering its opinion, ? that the Fourteenth amendment prohibits a ' State from depriving any person of life, liberr ty or property, without due process of law, or ? from denying to any person the equal protecf tion of the laws; but this provision does not t add anything to the rights of one citizen I as against another. It simply furnishes an adII ditional guarantee against any encroachment - j l?y the States upon the fundamental rights , | which belong to every citizen as a member of ; j society. The duty of protecting all its citi1 zens in the enjoyment of an equality of rights i was originally assumed by the States, and it s still remains there. The only obligation rest, ing upon the United States is to see that the 3 States do not deny the right. This the amend ment guarantees, and no more. The power of . the National Government is limited to the en forceraent of this guarantee. So, in Virginia vs. Rives, 100 United States, 313, it was declared by Mr. Justice Strong, "that the provisions of the Fourtf^ntli amendment," those above quoted, "have'reference to State action exclusively, and not to any action of private individuals. So also in the United States vs. Cruikshank, 1 Woods, 316. it was declared by Mr. Justice Bradley, speakingof the same provisions of the Fourteenth amendment: "It is a guarantee of protection against the Acts of the State government itself. It is a guarantee against the exenjlse of arbitrary and tyrannical power ort the part of the government and legislation of tH6 State?not a guarantee against the commission of- individual offences, and the power of Congress, whether expressed or implied, to legislate for the enforcement of such a guarantee, cTces not extend to the passage of lawn for the suppression of ordinary crime within the Stoites. The enforcement of the guarantee does not require or authorize Congress to perform the duty that the guarantee itself supposes it to be the duty of the State to perform, and which it requires the State to perform. Recurring to Section 5,619 of the Revised Statutes, we find that it is directed exclusive ly against the actiop $ individuals, and not of the States : "If tWo ofc mcfre persons in any State or Territory conspire or go in disguise upon the highway or premises of another," &c. And the information in this cause, which closely follows the statute, charges an offence i against three private individuals. It is therefore evident that no warrant can be found in the'Fourteenth amendment for the passage by' Congress of Section 5,519 of the Revised&jWtutes. The Thirteenth amend men t/-4bclares that "neither slavery nor involjifitary servitude, except as a punishment fop-crime, whereof the party shall have been.diily convicted, shall exist within the United States or any place subject to their jurisdiction." Congress shall "have power to enforce this article by appropriate legislation. Does this : amend meri Eclothe Congress with the authority to pass the section under consideration ? It may be conceded that this amendment gives power to Congress not only to protect the personal freedom of the enfranchised citizens, but to remove from them every badge 1 and restraint of slavery and involuntary servitude. ; Congress has by virtue of this amendment J declared that all persons within the jurisdic- ( tion of the United States shall have the same right in every State or Territory * * * * 1 to give evidence * * * as is enjoyed by \ white persons. (Act of May 31,1870. Sec. 10 ; : 10 Stat., 144, Rev. Stat., 1,977.) The power ; of Congress to do this has been recognized by . at least two of the justices of the Supreme Court, Mr. Justice Swayne in United States vs. Rhodes, 1 Alb., 28, and Mr. Justice Brad- | ley in United States vs. Cruikshank, 1 Woods, i 4US. (jonceuing, men, mat congress nau me ; power by virtue of the Thirteenth Amendment < to confer on the persons enfranchised thereby the same same right to testify as is enjoyed by j white persons, and to punish ttie invasion of 1 that right, the question remains, has that 1 power been exercised by appropriate legislation 1 by the passage of Section 5,519 of the Revised .< Statutes ? j 1 feel constrained by the authority of the j Supreme Court of the United States to say that it has not. Under the section referred to it would be an J offence for two or more white persons to conspire, &c., to prevent another white person i from enjoying the right and privilege of testi- ( fying in a court of justice. It would be an } offence for two or more colored persons, enfranchised slaves, to conspire with the same purpose against a white citizen or against a 1 colored citizen who ha{i never been a slave. < It is tlierefore pegfeoj^clear that the law is j broader than the amendment by which it is j attempted to be justified. It covers cases both , within and outside of its provisions. The law under which two or more free white men could be punished for conspiring to defraud another 1 white man of the right to testify can not be < based on the amendment which prohibits sla- i very and involuntary servitude. , The Thirteenth amendment does not, there- , fore, authorize the law in question. Upon this question the case of the United ' States vs. Reese, 92 U. S., 214, is in point. ?' In that case the Supreme Court had under : consideration the constitutionality of the third ) and fourth sections of the Act of May 31,1870. | (1(5 Statute, 141 Revised Statutes," Sections , 2,007, 2.008, 5,oO(5.) The third section of this Act made it an offence for any judge, inspector or other ofli- 1 cer of election, whose duty it was, under the I circumstances therein stated, to receive, j count, &c., a vote of any citizen, to wrong- 1 fully refuse to receive and count the same ; , and the fourth section made it an offence for any person, by force, bribery, &c., or other unlawful means, to hinder or delay, &c., any I citizen from doing any act required to be done i to qualify him to vote, or from voting at any , election. The attempt was made to sustain these sections as warranted by the Fifteen amendment j to the Constitution of the United States. Rut the Supreme Court held it not to be appro- : priate legislation under that amendment. The ground of the decision was that the sections referred to were broad enough not only to punish those who hindered and delayed the enfranchised citizen from voting on account hiu i"ina onl/ir nr nravinns nnnrlitinn nf Spr vitude, but also those who hindered and de- ; layed the free white citizen from voting on any account whatever. The Court, speaking by Mr. Chief Justice Waite, said : "It would -i certainly be dangerous if the legislature could set a net large enough to catch all possible 1 offenders and leave it to the courts to step inside and say who coidd be rightfully detained and who should be set at large. This would to some extent substitute the judicial for the legislative department of the government. The courts enforce the legislative will when ascertained if within the constitutional grant of power. But if Congress steps outside of its constitutional limitations and attempts that which is beyond its reach, the courts are authorized, and when called upon must annul its encroachments upon the reserved rights of the (States and the people. And the court declared that it could not limit the statute so far as to bring it within the constitutional power of Congress, and concluded: "We must therefore decide that Congress has not as yet provided by appropriate legislation for the punishment of the offence charged in the indictment." This decision is directly in ]>oint, and shows that the section of the law upon which the information in this case is based is not warranted by the Thirteenth Amendment. It is true that the information alleges that the defendants conspired against Bolton on account of his race and color, but the act of Congress cannot be helped by the information. If the law is without constitutional warrant no averments of the pleader give it vitality. There is only one other clause in the Constitution of the United States which in the remotest degree can be supposed to sustain the section under consideration. I refer to Section 2 of Article 4, which declares that citizens of each State should be entitled to all the privileges and immunities of citizens of the several States. But this section, like the Fourteenth amendment, is directed against State action. Its object was to place the citizens of each State upon the same footing with citizens of other States, to relieve them from the disabilities of alienage in other States and inhibit discriminative legislation against them by other States. (Paul vs. Virginia, 8 Wall, 108.) It was never supposed that under it Congress could pass a law which would punish any private citizen for an invasion of the rights of his fellow-citizen conferred by the State of which both are residents. 1 have therefore been unable to find any constitutional authority for the enactment of Section 5,511) of the Revised Statutes. The decisions of the Supreme Court above referred to leave no constitutional ground for the Act to stand on. As therefore there is no valid law by which the judgment of the District Court in this case can be sustained, itsjudgmentmust be reversed and the cause remanded, with directions to discharge the prisoner. Correspondence of the Yorkville Enquirer. \v - 13 NOTES OF TRAVEL. 1,; Prkscott, Ontario, Canada, Aug. 23.? tl Wearied by a long and busy day of sight see- tl ing at Niagara, I retired soon after taking tl tea, and slept soundly until Aurora, with her gi rosy fingers, had oped the pearly gates of tc morn, for the king of day to enter and robe1, w by his golden beams, the earth anew with t( light and beauty. S< A little after sunrise, we made haste to pro- pi cure a ticket and have our baggage checked ^ to this place, and soon thereafter took a seat in the first train to Louistown, a small vil- vv lage or landing at the head of navigation on P1 the Niagara River and about two miles from 3( where the river enters Lake Ontario. The ai village stands nearly opposite the old fort and e< town of Niagara, that, years since, was the JM Capital of the province. ^? & In ten minutes or less after thg^Tain had 0 left the Falls we were at Lotfistown, and had vv to draw our keys and hapCthem to an official, n and point out our timnl^s for examination, to ?r see if they contained any contraband articles M on which duty^should be paid. This was the 11 first time IJtfid fallen into the hands of a rev- S1 enue officer, or any other sort of an officer of theJji-wT I determined, as most of the other ^ passengers did, to keep quiet and cheerfully al submit to having my trunk searched, as if I were really guilty of a felony. But I was kept standing so long, waiting while a little ^ mountain of ladies'mammoth trunks was being (1 searched, that I began to be impatient for my C( turn, and I resolved to have satisfaction, if >> possible, in the way of fun. So when this T well-dressed and somewhat pompous ofiicial ';l stepped up and sternly said: "Sir, 1 will 01 trouble you for your trunk keys," I replied: ,r "Certainly, Sir, with the greatest pleasure, tc I have been waiting here a long time for you ir to get to work ; but you will pardon me for di asking of you a small favor before you begin." "Certainly," was his ready response. "While Sf you were examining the pile of trunks over there, I noticed more fine wearing apparel tf than I ever beheld before in my life, I am a 01 poor old bachelor; but old as I am, I have c* yet some pride left as regards my dress, and H! is I have but a few pieces of linen, a duster, w i much-worn alpaca coat and a dilapidated ' pique vest, I do hope you will not open my S1 Drunk here before so many elegantly dressed n< ladies and gentlemen. It will make me blush if you do. Please let us move it behind the P1 it airs, away from the gaze of the crowd ; and ('| when you search it, you will find its contents iust as I have represented." When I had ,Jl ;hus spoken, he did not retort with an oath, Mit looked me steadily in the face, a smile 01 ighting up his official countenance, which 8,1 ?mile I returned, and lie passed on, cursing sa ;he trunk and refusing to examine it, as the I'1' aw directs. I suppose he was satisfied with S11 ny explanation, and concluded that I was an lonest man who would not defraud Queen ,n Victoria's government out of a cent of reve- de lue. lint after all, my trunk whs wrongly al ihecked, and delayed for several days on its 80 lassage. w The trunks of the first train of passengers 01 ivere barely examined before anotlier train iver the Grand Trunk Railroad came rolling 'a in. As soon as the cars sapped the passen- &!' ;ers, dusty, and well nigh worn out for the ai want of sleep and rest, came rushing on the Doat?many of them, especially the ladies, ex- t0 pressing great delight that they were now rid )f the hot dusty and crowded cars, and that ;hey would be conveyed to their journey's end mi the lake and river. One little, mercurial 01 lady was so delighted with the change that she jould scarcely contain herself and shouted ai lloudforjoy. "Everything about the boat," 'lf die said, "was so tidy and neat ; and oh ! was not the breeze so delicious. Could anything oe more pleasant ! From this on, traveling would be pleasant." 111 Just before the last of the baggage brought " by the last train was put on board the boat, n( " mm liorl vniaocl or. ofvnncr flint, if. nilPliPfi ^ unc ouuaiii uau itiiov/vi ov utiun^ wi.v?v mw ~r the safety valve and blew off at such a rate as m to satisfy the passengers that we would make P1 time after getting started. "( The captain hurried to his ofiice, the pilot s:i took his position, a bell sounded as the signal so for starting, and soon the Chirer a darted away rc and continued to walk the water as if indeed with life. Before she reached the lake all the passengers remained on deck enjoying alike the ^ breeze while they beheld the golden sunbeams t,! as they gilded with glory all the deeps around e( us. ^ Just before the boat left the river, I had the good fortune to form the acquaintance of a S1 little gray-headed man who was kind enough to inform the company that his loquacity had gathered around him that he was on a pleasure trip to the Thousand Tsles, to spend the sura- T mer there. He was very communicative and e> loquacious, and nothing seemed to please him A " ~ *1 li!c> IJcjfunoro flift tnnnvfAr. SU w ell clS It) iridic iu ma Iiai>\.iibi? cnu uctcu; c... rp tunate speculations he htul made by entering, ^ purchasing and selling lands in nearly every tc State of the West and North-west, When he gi learned that 1 was 011 my way to Ottawa, he w broke out anew, relating his travels in Cana- JV da. lie had heard ol' the rich lands of Mani- ' toba and went there to examine them for w himself. lie found that the soil was rich, but ft the land was subject to such overflows, great hi and long freezes, and the summer season?they b: had no spring?was so short, and the winters c| so cold and long, that he regarded the land of little intrinsic value. He did not purchase an (j, acre of it ; but while in Canada he did purchase six or seven town lots in Winnipeg, which only 1" a few days before leaving home, he sold for w just double what he paid for them. When ^ this wonderful little Chatterbox had finished ^ giving an account of his travels in Canada, he \' and his listeners took seats near the railing, le The sun had now withdrawn behind a cloud, ill and the gentle breeze, that but an hour before !l< had kissed every cheek so softly, began to stiffen and the playful ripples to rise to the w dignity of respectable waves, soon to be in- i-j creased to strong and rough rolling billows, tl As our good craft became more and more un- 11 steady, several gentlemen predicted a severe (* storm, while others declared that they were ^ then troubled somewhat with nausea and fear- v ed th,at they would soon be sulfering from sea sickness. "Oh ! 110, gentlemen, not if you C will take my advice and medicine," urged our J* loquacious Irieiui. "i nave iraveieu so inwcn by land and water, tlait I always go prepared e for such emergencies. I always carry the p medicine with me suited to cure such diseases, a I fear no seasickness when I have this infalli- J ble remedy with me." Drawing from his J1' pocket a pint llask two-thirds full of whisky, he continued: "With this article I can out- (j ride any storm that sweeps the seas without t! feeling the least inconvenience from nausea, t It won't do to take too much at once?not j11 more than a table-spoonful at a time, and as I n soon as the least nausea is felt." Ilereall but v the little orator declared that they had for a some time been feeling sick and were growing p worse every moment. "Well, gentlemen, if b that be the case, we will take a little of this (' remedy." The flask passed slowly round,* ? while our benevolent little benefactor strenu- j( ously insisted on all to be careful not to take o more than a good dessert spoonful, as more q ould aggravate instead of remedy the evil. ! y the time the llask returned to its owner it i id been pretty well emptied of its contents, | lough I feel confldent that no one took more ian a quarter of the dose prescribed. But le rain now began to fall in torrents, and the ; ile and waves to increase until the boat was >ssed to and fro like a bubble. Sometimes a i ave would strike her with such violence as I ) drive her sidewise several feet at a time. | ome of the lady passengers began to look ile, from the effects of fright and sicla^s^f .nd it was not long until nearly ar on board began to be vei^flflfich troubled ith qualmy sensati^ft^^or had commenced lying tributeUH^dNeptune the god of the >a. Our Kfetfe man began to sit, bolt upright, KI.V, ?of of511 o?/1 Kin,,,!,,. 1IU BTrttUU IlCfil Jilill oaiotm nuu icuiaiu1 silej^t^ until the little flask was called for when it was slowly produced and the ime instructions given, which were strictly beyed until the medicine gave out. But the rind and waves pitched the boat to and fro 1 such a reckless manner that nearly every lan on board was put to work, and to hear ieir peculiar groans while thus exercising, one light easily imagine that they were "calling jirits from the vasty deep." I discovered among the afflicted several of le newly married pairs, with scores of belles ud beaux that I had noticed the evening beire, in the park, a distance from the crowd, enuged in sweet converse with each other, 'umbers of these beautiful and georgeously ressed buttetflies were down with the same >mplaint and had to play the same low role 1 a vulgar comedy with the common herd, his seemed to worry and mortify some of the idies wonderfully. The boat heaved and all n board heaved too, but in in a different tanner. The newly wedded pairs kept closely igether, and it was pitiable as well as amuselg to witness such tender lovers in such deep istress. But I too was forced to rise, and in doing i, I found our little doctor and all who had iken his medicine, gone. Groping my way ) another part of the vessel, I again met with ir little gray-headed doctor; but now how langedl He was in the deepest throes of jony, which, considering his previous boast, as amusing, even to one suffering as 1 was. could not refrain from accosting hin\, and I iggested that even with hia panacea he was it able to outride this storm. lie confessed lat for once he was conquered; but on the inciple that a fellow feeling makes us wonous kind. I poured out my sympathy, though s idle boast, in view of the sequel, could not it be amusing. After the roughest of the storm had overown, and the sickness had measurably subJed, it was diverting to see how upright all t and to note the profound silence they eserved?especially those predisposed to tiety when they first came on board. Towards night the fog commenced gatherg and it soon became so dark that it was itcrmined by the captain to make Toronto id there cast anchor, which he did. But 110 oner had the boat been made fast to the harf than nearly all the passengers who came 1 the last train left the boat and bought tickets r rail for the rest of the journey. The little dy who was so disgusted with the railroad at she had only a short time before left, id was so delighted with the boat when she st stepjied on its deck, was among the first leave the vessel, closely followed by the quaciotis land speculator and doctor who td defied the tempest and boasted that with ie contents of his talismanic flask lie could itride any storm that swept the seas. At 10 the next morning we weighed anchor id left Toronto; though the fog was so >avy that we made slow progress, groping ong through it until we reached Kingston at >out 7 P. M. The pilot here refused to atmpt to lead us by the Thousand Islands by ght, and we remained here until morning. rlien morning came the fog was so dense that ) object could be discerned ten feet from the ssel; but nevertheless the captain decided to oveon, and we proceeded as slowly as on the evious day. Slowly the boat made its way to urt Hope, the monotony of the tedious not to .y perilous day being relieved only by the und of the trains on the Great Trunk ltailiad, heard occasionally in the dim distance. The fog alarm at Port Hope guided us 1 the wharf, where wo remained for some me, discharging and receiving freight. When ie vessel was ready to move the fog had lift1, and for the remainder of the lake voyage ' Prescott we had a comparatively pleasant' me?though we rode a rough sea for near xty hours. Guilford. WILL MAKING. The Springfield (Mass.) Republican says: he journals of a year past have mentioned an ctraordinary number of queer contested wills, re i>eople becoming more disposed to draw leir own wills without employing lawyers? here is 110 reason why any one should not raw a will who has a fair business-like ability '4-~ rrlffa rVmmnn couca Qiinr. I WlIU? UUL blic VVUJIIIUU UVIIWO ,'sts that the paper ought to be headed as a ill, and it is not difficult to learn by inquiry nv many witnesses are required in the parcular State; this, by the way is the State here the testator resides (at his death); a ill drawn for a man on a journey should ; illow the law of the State where he has his j Dnie. Neither bad grammar nor missioning . i the body of a will vitiates it; if the Judges in understand what the paper means they ill order that done. Wills having nearly .rery important word misspelled and almost estitute of punctuation have been accepted, faine papers say that a court has lately taken roof of a will made in pantomine by a man ho was deaf and dumb, and could not write r use the manual alphabet. But mistakes hich obscure the meaning make trouble. . story last summer was that Mr. Matthew essar, when drawing his own will, meant to aye $7,000 to seven churches?i. e., $1,000 I [)ie'ce?but in copying his rough draft he in- j Jvertently inserted the word "each," giving j ie churches $7,000 each, or $49,000 in all. j he general rule as to mistakes is that if the i ill is lucid and intelligible, and can be car- j ed into effect as it reads, this must be done ; j ie language cannot be altered because witesses say that the testator meant something : ifferent from what he wrote. But if what is 1 'ritten cannot be performed, the courts will j ion take proof of what the man meant to rite. Curious conditions are sometimes imposed, ne testator declared in his will that if any j gatoe should attempt to break it he should ; ~ fmni all elmre Another cutoff U UCl/dTlVVl nuai I?M WIJM*V. ny heir who should wear mustaches. Anothr said that each legatee must take the pledge efore receiving his share, and should forfeit half-year's income for every breach of' it. inother left to his family physician .?2,000 if ue testator should live two years, or ?.'1,000 if e should live five ;but, unlucky for the doctor, lie patient lived only a week. Whether conitions of this kind are operative depends on lie circumstances; if they are lucid and pracicable the courts will enforce them, but lany are so expressed that they amount to othing. If you wish that your legatee should ot receive the property unless he complies fith a condition, say so plainly in the will, ; nd the condition, if not contrary to law, will robably l^e enforced. Hut to make him give ack the legacy because of breaking the con-! ition after it lias been paid may not be so asy. And do not mention the requests at 11 in the will, but write them separately in a itter, unless you mean that, if they are not lieyed, the legacy shall be forfeited. Beuests which are not jieremptory conditions often make trouble. When Iieller, the magician, died, he bequeathed his apparatus to be destroyed. In some instances a testator has directed that a favorite horse or other pet, should be killed, "lest it fall into unkind hands." It is doubtful whether a court would compel an executor to destroy property because the will so desired. Wills are allowed for giving one's property ; that useful animals or articles should be destroyed * ' benefit. Directiousg^uWTa will as to mode ofJjWWfrorfor cremation, are also >tttojl?c?sof the sanitary law of the place. It is only when one designs to give his property outright in 9imple ways that he should draw his own will; for complicated trusts, endowing new institutions, or tying up property for a future time, a lawyer's aid may be very needful. Even lawyers sometimes make mistakes. A New York lawyer named-Rose drew his own will, leaving about $2,00,000 to be held for five years to see whether other givers would add $300,000 ; if they would the whole should go to endow a "Rose Beneficent Association"; if they would not, then his money was to go to other charities. Now the law does not allow property to be held in suspense for a definite time of years; therefore his will was pronounced void. Some most absurd blunders have been made by lawyers in drawing wills for themselves. It is not obligatory to appoint an executor, but doing so is wise, and if a testator has enough confidence in the person named to direct that "he shall not be required to give security," this may prove a great convenience. a? uir.ni,1 nr ami tvifnpssintr wills x*.a icaprtio ....... 0, often fail for some informality in these, especially in New York, where the form is stricter than in most States. A story of last summer was that a will was presented written partly in black pencil, partly in blue (a will is not void because in pencil, though ink is far better); about half was written on one page, and the witnesses signed at tiie foot; the other half was written on the other page, and then came the testator's signature. This instrument w.is discarded because the witnesses did not sign at the end of the wilL Common sense ought to tell any one that any important paper ought to be completed l>efore the signatures are affixed. The New York rule as to signing and witnessing is that there must be two witnesses; the testator must sign in their presence, inform them that the paper is his will (he need not tell them what is in it), and ask them to witness it; and they must sign their names and residences at the end of the will. They usually sign brief memorandum certifying that these things were done ; but the memorandum is not strictly essential. Keep the will, when completed, in a safe place. In Massachusetts lately a will was contested because rats had eaten the signature. Lord St. Leanord's will was lost,-and was established only by the fortunate fact that his daughter was able to repeat the substance of it from memory. What is Glucose ??Glucose is the sugar of the future. Oppose it as you will, it is daily increasing in importance and in the number of its users. In climates where the sugarcane will not grow, and in countries where the sugar-beet can not be cultivated with profit, there is a wide field for glucose. Wherever * corn, grain, or potatoes thrive, glucose factories will flourish. Glucose differs as much from cane sugar as tallow from lard, or butter from oleomargarine. Both kinds of sugar are sweet, although in a very different degree,and for many purposes one can be substituted for the other without the consumer being aware of the fact. The manufacturers limit the term "glucose" to the thick syrup which neither solidifies nor crvstalises on long standing. The same sub stance in a solid state is called "grape sugar," but there is no chemical difference' between the two. The name "grape sugar" owes its origin to the fact that a kind of sugar found in grapes and other sweet fruits h;is the same chemical comi?ositionas that made from starch by methods that we shall presently describe. This real grape sugar is often seen as an incrustation on raisins and ligs. Iloney also contains grape sugar and it was there it was first discovered by Lowitz in 1702. Glucose can be made from any of the carbohydrates, starch, dextrine, cellulose, etc., but is, generally prepared from starch. In this country corn starch is used, while abroad potato starch is preferred because it is cheaper. The uses of glucose are very numerous, although it is seldom sold to the public under its real name ; but under the ideas of "golden honey," and even as Vermont maple syrup, its sale is very extensive. It is largely employed by confectioners for making candies, by wine dealers for strengthening wine, by brewers to add body to their beer. Most of the sugars and table syrups contain glucose. Of seventeen samples tested by the Michigan Board of Health, fifteen contained glucose. Of twenty samples analysed in Chicago, only one was unadulterated. Of samples obtained from all the leading sugar dealers in Buffalo, but one was found pure. We do not believe that pure glucose is an injurious substance when properly made, but to sell it under the name of cane sugar, when it is but one-third as sweet, is a fraud ; and to charge the price of cane sugar, when it costs but three cents a pound to make, is a swindle. That it pays to make it is evident from the fact that there are more than twenty glucose factories in this country turning out over one million pounds per day of grape sugar and glucose.?Prof. Ifullock. Grecian Beauty.?Much has been said in praise of Grecian beauty, and the men are handsome in every sense of the word. We might well imagine them to have been models of Phidias and Praxiteles. Their large eyes, black as jet, sparkle with glances of fire, while their long, silky eye-lashes soften the expresn.iU mvn ii (lvpiimv annearance of melan DiiH1 uiiu h.n> ?. W4v?..v "it - choly. Their teeth are small, white and well set; a tine, regular profile, a pale olive complexion, and a tall, elegant figure realize an accomplished type of distinction. As to the women, they seem to have left physical perfection to the men ; some have very fine eyes and hair, but as a rule they have bad figures, and some defects in the face generally spoil the features. It is among them, however, that the old oriental customs are most strictly preserved ; while the men are gradually undergoing the process of civilization, they, in a moraf point of view, remain stationary and are just ast they were fifty years ago. If may, indeed, be said that, with the exception of Athens, the women possess no individual existence and count as nothing in society. The men have reserved every privilege to themselves, leaving to their helpmates the care of the house and family. In the towns where servants are kept, they are of the poorest class of peasants, who know nothing and receive miserable wages. The families are generally large, seven or eight children, and demand a mother's constant attention. The morning begins by directing the work of each servant, repeating the same thing a hundred times, scolding screaming and even beating them to lie understood. In the evening when the children are sleeping, if there remains some little time, the poor, wornout mother sits down to her spinning wheel to spin silk, to sew or knit, or if it be summer time to look after her cocoons, happy if she has not to do the work of her incompetent servant over again. Bible Errors.?Here is a bit of information that will do for the conventional scrapbook which is the property of every well regulated household. Many editions of the Bible have been published during the last 300 years, and into not a few of them some peculiar errors have crept. What is known as the "Breeches Bible" (Geneva, 1500) was so called because Genesis iii, 7, was translated : "They sewed fig leaves together and made themselves breeches," iustead of "aprons," as in the English version now used. In the "Treacle Bible" (1508) Jeremiah vii., 22, was made to read : "Isthere no treacle in Gilead,"etc., instead of "balm and in 1009 the word was changed to "rosin ;" "balm" wsis first used in 1711. The "Vinegar Bible," printed in Oxford in 1717, by John Basket, derived its name from its heading of Luke xx., which was made to read : "The parable of the vinegar." The book had many other errors, from which it lias also been called, alter the printer's name, "A basket of errors."