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the western carolinian nor prohibited by it to the states are reskrvkd to the states the poweb8 not to thk united states hy thk or to the people — amendments to the constitution article x b austin -& c f fisher > iiiiiie>i ami proprietor s salisbury n c august 30 1839 { no xi of vol xx i whole no lool terms of carolinian tary bully who was represented as a practised du elln-t an expert swordsman and an unrivalled marksman wilh a pistol being sure of his man at tevelve paces copt lovett however did not show the leust inclination to huck out — bul on the contrary seemed more eager for the engagement " i'll give that quarrelsome fellow a lesson said lie " which evill be .,»' service to him and which he evill nevor forget as long ns ins name is bigbee the challenger with ins forehead ornamented with a larga patch to cover the impression left hy the yankee knuckles anil ins swollen eyes dimly twinkling with anger nml mortification thmugh two huge live circles accompanied by his second soon ' wade his appearance lie evus followed hy a ser i eiiil with a pistol case and uu assortment of swords i he bneved stiilly tu capt lovett nud lieutenant james approaching lhe yankee asking inin if he waa willing to tight with sevurd.s if so suid he " i believe we cun suit you we have brought with us llie small sword a uem gentlemanly even p on — the cut anil thrust guiul in a melee nud eelueh evill answer indifferently evell in u duel — und the bn.ail sword or cutlass which is often preferred hy those who are deficient in skill in lhc use of arms my friend captain bigbeo is equally expert with either y uu have only to chouse as the chal lenged party you have an undoubted right to se lect your arms " of thai privilege 1 am evell aware replied captain lovett und menu to avail myself of it i shall not fight evilh sevords " i expected as much resumed lieut james " and ii !• brought eeitli mn u beautiful pair uf du elling pisluis with long barrels nlle bores and liuir triggers what distance shall 1 measure off " kiglii paces " only eight paces cried lieut james a lit tle surprised oh very well — and lie measured it oil uud placed liir man al his post then ad vancing tu capt lovett lie presumed him evilh a pistol " 1 do not fight eeitli pistols i " nut light with pistols — after having refused to fight with sevords ! what brought you here then ?" to fight shouted lovett in a thundering voice which made the british ufiicer start " 1 am the challenged party end hue u right to choose my weapons according to the laevs uf the dyiello all lhe wnrlil over — and you may rely upon it i shall not select weapons with which i am not fami liar nul evilh which my antagonist has been prac tising all lus life such a proceeding on my purl is nul i.nly nut required by the rules uf honor which alter all is a mere chimera bul evould be contrary to all ihe dictates of common souse no i shall light with the weapons of honorable war fare with winch 1 have ever been necustumed — swords and pistols indeed " but my dear sir cried the nslonished lieu tenant " eve must proceed according lo rule in this business whut eveapons have you fixed upon and in fancy's eye he beheld before inin a huge blunderbuss loaded wilh buckshot captain lovett suid nothing — but beckoned lo mr slarbuck who approached him with great alacrity bearing llie two harpoons he seized ouo uf lhe formidable weapons ami thrust it in thc hands of bigbee who seemed absolutely paralizud wilh astonishment natural dread op death aside any other or all luws if the right ex ists it exists without limitation and the general exercise of such u right by jurors would nullify all law and make void the proceedings of courts of justice the recognition uf such a course of pro ceeding by jurors would cause such confusion in tho minds of men in relation to the expediency and propriety of many luws ihnt it wuuhl he dif ficult lo eiiipiinui'l a jury ur procure a cuuvictiun the jurors he smtl were not linblo for the er rors of lhe law ur fur its existence at all tn-.y do not make unit cannot uller it the legislature must do thai when occasion may require the duly nf a ninn us nil individual wus lo endeavor to have the laws made perfect uml tu obey ull laevs in existence as a good cili/.en ; ami us u jurur ur officer to enforce them he nut being anseveruhlc for the consequences thai uiny ensue the weigh of obligation in executing important lilies rests lint upon the t'uurt ur jury but upon lho legisla ture evhich enacted and the community evhich aware of lhe impropriety allows i hem tu contuiut in '■■'-"" r^^a—^^^^m drought generally prevails rattlesnakes are very ii apt lo come down from iho high lands in quest of water — nnd as mr r got at the end ofthe swath aud stepped on thc dry land he placed his foot al most in contact wilh a huge rattlesnake which raised its tail gave il a low quick shakes and sprung at the poor man just as ha turned to flee half frightnned to death from the venomous ep tile his crooked poisonous fangs entered tho lower pari of the only garment evhich mr r wore ul ihe lime the lecture of which evas particular ly strong und thoy could uui be easily disengaged mr ii gave a scream and started oil on the full run lhe snake slicking lo him closor than a broth er lie passed through woods bushes fields and pastures he crossed fences ditches brooks anil bogs — he jumped halloed galloped nud scrennied for aid — vainly trying to ml himself of his uglv louking associate al length cn/.v wuh fear and fatigue he reached tho public road and passed along il on the way to his dwelling houae al n rate which would have astonished lhe most despei - ate pedest r(in looking behind him ut intervals nn.l sores mins whenever he beheld the horrid ap pendage lo his homespun linen garment he passed several pcriume in the mud whu were thun der-struck ut the sight of ihe unfortunate man cut ting up such unties using such violent exercise — nnd exhibiting liimsell'iil dishabille without regard to propriety pr decency mr r ul length reucbcil ins own dwelling a distance of three miles from the meadow the door of which blood invitingly pen through evhich ho rushed lo llm oonalerna lion ui the woman folks — having still attached to him the grim louking reptile ly this time ho was completely overcome with terror beat ami fatigue ami fell fainting ou iho floor thu poor rattlesnake however bud got the worst of it and had been threshed aboul ut such an unmerciful rale ihnl bis life us well as a grcul portion of his tail bud departtld long beilore he reached ibe g'.ul ! the tex1an wild house tho mustang or wild burse is certainly tho grealest curiosity lo those uiiuceustomod lo the sight thai eve meet with upon the prairies of tex us they are seen in vast iiumliers and olio time ot exceeding beauty the spectator is eon polled to stand iu uinuzctnent and cuiileiuplale this noble animal as ho buuuds over lhe earth with the con scious pride of freedom we still meet with inli ne iu ihe low countries and during summer hun dreds were seen in ihe neighborhood of houston dinting over ihe plain and seeming to dare the spo ism in fur u contest iu the chase there was among those lhat were sometimes seen near the city ono remarkable above the rosl for his perfect symmetry and groat beauty muuy an oye was fixed upon him bu he fled before bis pursuers like the wind and so long ns i knew nnything of hnn he hud not met with uu equal in speed the western carolinian is published every fni v a , pwo dollars per annum il paid in advance or rjyo lli.llars and fifty cents if nol paid before the ex potion of three months ej 0 psper eeill he discontinued nm il all arrearages e paid unless at the discretion of the editors and a failure lo notify the editors of a wish to discontinue ai the end of a year evill be considered as a new en gagement advertisements evill be conspicuously snd correctly inserted at one duller per square for lhe lir-t insertion ami 25 cents for each continuance court nnd judicial advertisements will be chaiirod ss par cent more than the above prices a deduction ol 83j per cent from the regular prices will be mode to yearly advertisers advertisements sent in tin publication must have ihe number ol limes marked on them or they will he inser ted nil forbid and charged for accordingly addressed lo the editors on business must be pal paid or they will not be attended to fbv bbv o dewby it seems to us strange it seems as if all evero wrong in a woild where from the very constitu tion ul things death musl close every scene of hu man life where it hath reigned for ages over all generations where lhe very air we breathe and the dust we tread upun was mice animated lile — il seems lo us most strange ami wrong thnt this must common necessary expedient and certain of all events should bring such tremendous agitation us if ll were some awful uud unprecedented plienu j men i i ; thut it should be mure tl an ileum — a | shock a catastrophe a convulsion as if nature i instead uf huldiug un its steady course evere fall ing into irretrievable ruins aud that which is more strange is our strange ness to this event cull the weariness and failure of the limbs uud senses call decay dying it is so il is a gradual loosening of lie cords of life uud u breaking up of us reservoirs and resources so shall ihey llll one and another give way " 1 feel will the thoughtful man say " 1 feel the pang of suffering as it were pieiciug uud culling nsun ih r one l.y une the line und invisible bonds llial i 1.1 me to the earth 1 feci lho gushing current \ uf life within me to bo evcaring aevay its own channels i feel lhe sharpness of every keen emo tion and of every acute and fur penetrating throb i as if it were shortening the moments uf thu soul's i connexion and conflict with lhe body so it is | and so it shall be nil nl lust " lhe silver cord is loosened and the golden bow 1 is broken and the : pitcher is bruken ut the luuiitaiii and the wheel is in i km ut the cistern und llie dust returns to the curt li as it wus and llie spirit returns unto cud ! who gave it no ; it is not a strange dispensation death is , the fellow of all lhat is earthly ; the friend of man | alone it is not a monster in the creation lt is the lol of nature m [ s c e l l a n e 0 u s . from lhe boston mercantile journal he said he regretted that he had allowed the jn 1 rurs to be questioned upon the point whether line would render n verdict or not according lu lhe conscientious scruples upon the propriety of capital punishments he in old never allow such ques i lions tu be asked again every citizen evus bound te perform tbo duly of a jurur when required to i dn so according lo luev und hint duty only reiiin i red linn to say guilty ur uut guilty according to i the existing luev and the evidence no power eo ul.l bu assumed by a jurur lu make orulicr u law nor to assume lhe executive prerogative of pardon the duties uf the legislative judiciul and execu tive branches of llm government being cleurly de fined one could nol usurp tho puwers uf ihe other we have thus given a meagre sketch from re collection uf a very lucid uluqiienl and powerful argument it referred lu a certain puinl unly in u capital case hut may bu applied to ninny cases now iu ibe cuiir.se of trial judge siiniv conclu ded bis remarks on ihis subject by saying that if it ever came lu his knowledge that a jurur should refuse tu bring in u verdict uf guilly nn a capital trial ou lhc ground ihul he wus opposed tu capi tal punishment he should feci it lo he ins duty to cause the mailer to be laid before the 1 1 rand jury as u case of perjury an affair between a whaling cap tain and a military officer perhaps some of my renders may have heard of lhe slorv of the duel between old captain lu eeti of new bedford and the english ollicer in demerara it haa been variously related — but the only rue version is ns follows captain zachariah loveit after having per formed several whaling voyages to the pacific found himself in command of a small brig belong in to neev york on a voyage io demerara he evus a worthy man — and a good specimen ol u \ uu kee sailor — his heart evus lull of llie milk of human kindness hut be possessed u noble spirit — and would neither give nor take uu insult while his lit t lo brig cinderella lay at anchor in demerara river capt loved one afternoon enter ed a cofee-houae where be met with a friend — and ihey amused themselves by knocking the balls alii.u in a billiurd room soon after and before the game was half finished — some english military officers entered one of whom capt bigbee step ped up to capt lovett who evas arrayed in n very plain not to sny ordinary costume and evilh u bul lying air demanded ihe table as himself und broth er officers wished lo play n match capt lovett gave ihe red coated gentleman n stem look but replied with courtesy that he and ins friend had engaged the table und evuuld play out heir game after which if the gentlemen wish ed tn play il was at their service but eve can't wiiii said capt bigbee in an insolent lone not to thy eternal renting place shalt lliou retire alone thou tutli lie down with patriarchs of the infant world with kings the powerful of the earth the wise and good j fair forms and hoary seen of age pant ; j all in one mighty sepulchre the hills i rock ribbed and ancient as tlie sun : thu valesl stretching in pensive qujetngsm between * tj^^j uliiry wnuld be a veiy conve euilcrs of newspapers and par lent time when 1 urkish ulluirs ieei.il nutice many nre con s terms which tbey find in the f the ottoman porte — tho su iiviiii dec without gaining nny nud ihey either umit the uiien ligible or content ihcmsefves sal acquaintance with it some ., pei hups lie gratified with un explanation uf several uf lhe terms in question al though others will need no such information we therefore turn hastily to several works of reference and give the following : sultan is the title of the turkish despot it is a word of arabic origin signifying miglily the p ever ol the sultan is hereditary and know s no limit except the precepts ofthe koran and no res tru,nl except the tear of ussussiuulion the whole administration civil military and religious is al ins disposal grand seignor is another title hy which he is known the title pudisha also be longs tu him uud is regarded in turkey ns highly honorable tin present sultan is mahmuud ii ottoman the appellation given tu the turkish empire is derived from tbe name of its founder oil man ottoman or ostium ottoman porte or sul inne porte is lhe name of the turkish government i'be word porte latin porta a gate was applied because this was the name given lo thu gale of lhe sultan's palace divan ihe name ol lhc supreme council of suite ils original signification in — n board or low level its use therefore corresponds nearly with our use of board for council " vou must wait coolly replied capt lovett " hut wc bku.ll do no such thing exclaimed lhe surly briton — eve came here to play billiards — nul have no idea of being disappointed by a couple of fellows who hardly knuev a mace from a cue or i ball from n pocket it evill take ynu ull he af ternoon to snub the game — so clear uui i capt lovett and lus friend played on " come continued llientlicer enough of this marker place lho bells saying which with a mosl impudent air he seized une of ihe bulls evhich cnpl lovelt's opponent bad jusl dnecn into the pocket und caught up another one evhich wus near bim the muller was growing serious capt lo veil's eye hashed lire — for although he hud min gled a good deal among quakers and respected thai moral sect for their humility and quiet demeanor he wus no non-resistant man himself he drop pad ills cue and doubled up a fist of portentous size put those balls upon lhe table you scoundrel exclaimed he imperatively " und leave lhe room " who do you call scoundrel you yankee black guard 1 do you know you are talking io one of bis majesty's officers take that for your imper tincnce al the same time suiting the action to the word.anil giving captain loveit a smart rap aoruaa tbe shoulder with his cue bul in an iusiuiit he received a bluev on his forehead exactly where phrenologists locate the organ of eventuality — which would have felled an ox and submissively acknowledged the favor by measuring his length upon the lluor ! his brother officers who wore wuh him hud the good sense to see ihul bigboe wus lo blame ami ullhoiigh ibey looked rulher bluekat lne van lea ibey wisely forbore lo moleal ihem further — bul insisted the slunried bully tn another room wiicre l,v llie help of snme resloralivcs he soon recovered his senses his rage nud mortification ul lhe result of the rencontre knew nu bounds and wilh many a hitler uuih ho declared he evuuhl 1 i •: su faction before captain lovett led the coffee-house a billet was handed hnn by lieutenant james which proved to be n challenge — a peremptory challenge from capt bigbee io which it was insisted ibal nr langemenls should ba made for an early meeting thai he mighl have an opportunity lo wash off the affront he hud received in capt lovett's heart's blood celebrate the vanishing away uf the shadow of ex istcnce man dues uut die though the forms ol popular speech thus announce lus exit he does nul die we bury nul our friend but only llie form the vehicle in evhich fur a lime our friend lived thai cold impassive clay is nut the friend the parent the child the companion the cherished being no it is not ; blessed be tiud that we can say — it is not lt is the material world only that carlh claims it is dust only thai " descends to dusl the grave ! — lei us break us awful spell its dread dominion it is lhe pluce where man lays down ins weukness his infirmity ; his diseases and sorrowing that he may rise up lo a new and glorious life it is the place where mun ceases — in all that is liuil and decaying — ceases lo be man that he may be in glury and blessedness an angel of light ! cneriilly sinking the american horse espc cially such us ineve been raised ou grain evill out wind lhe mustniig in lhc chase and many uro caught with the la/./o or lurial the skill of iho mexican in lho use of this instrument exceeds belief he evill dart like a falcon in lhc midst of a drove of mustangs single out one thai pleases lus fancy and at the distance ol twenty or thirty paces thn.ee the lariat with unerring certainly " my weapon said lie " is the javelin — such as the grecian uud roman knights often fought with in ol leu times — a wunpuii evhich no man who challenger another could refuse to light wilh ut the present day unless he possesses a mean and craven spirit thus saying he took the station which had been assigned him at eight paces distant iron bis startled antagonist he coolly bared his sinewy arm — grasped lho harpoon and placed himself in un attitude " hi bet suid he casting n trium phant look upon ins friends " a smoked herring against a sperm whale that i'll drive the harpoon through lhat lellow's midriff lhc first throw und will finish him without the aid of tin i ince " mr slurbuck fiercely continued captain lovett in a loud and rough voice such as is seldom heard ex cepting on board a nantucket whaling vessel when a shoal ol whales is insight stand by tu haul thut lellow iu i t 11 k ohio no river iu the world rolls for a ilu.ii.iand miles a current no smuutli and peaceful its tributaries wind through us many valleys in ten different stales tlie tennessee ihe first in sizo having passed u nuvigiible course through three states lor more than one thousand miles falls into lhe ohio river fifty miles above its mouth ; ihu cum berland five hundred and sovenlv miles — being navigable fur steamboats to nashviilc ami fur keel bouts lb rue hundred miles further the wubush iwo hundred miles ; sreen river two hundred sud eighty miles from the mouth of the ohm river nuvigablu iwo hundred miles and levo hundred varda wide at its mouth ; the kentucky flve hun dred and fuur miles — nuvigiible oun hundred and fifty miles ; ureal miami foul hundred and eighty two miles — navigable sixty-four miles lu lhe sa j lines where annually is made frum five lo seven hundred bushels of salt ; lhe ireul muskingum [ nine hundruil uud fifty miles those are the prin cipal auxiliaries which give lubstuiicu and strength to the ohio in ils course of more than a thousand miles il washes six stales and wilh ils tubman rs bus morn lliiin five thousand miles i.f uavigablu waters lis mean width is six hundred yi.rds with ibe exception of its lowest fifty miles tho average width of which is ouo thousand yards — the average rapidity of ils current is three miles uu hour ll rises fitly or more feel al low wa ter ils surface sl cincinnati is supposed to be ouo hundred and thirty i'e.rl below the level of lako erie uud four hundred and thirty ubovo llio tide wuter uf the atlantic such is ihu ohio why then should we fear death save us the wicked tear and must fear it . why dread to luy down this trail body in us resting place and this weary ucliiug bead on the pillow ul its repose ? why tremble al this — that in thu long sleep ol ihu tomb the body shall sutler disease no more and pain nu more and heui nu mure ihe cries of waul nor the groans of distress — and far retired irom tlie turmoil of life lhal violence and change shall pass lightly over it and the elements shull beat and the storms shall sigh unheard around us b.evly bed ? say ye ugcu and inlirin is it the gruulest of evils to die 1 say yu children of cure uud toil ! say ye atlliclcd and tempted ! is it the greatest of evils lo die ? srand vizier tbo prime minister of stale on him devolves the acl nil authority he appoint to all civil and military dices uud puts tu death whom be pinnies the word vizier probably comus from the latin video io see tba male grasped the end of tho line lus eyes beaming wilh us much expectation and delight as if lie evus steering a boat ikjw on to an eighty bar rel evliule while captain lovett poised bis harpoon wilh both bunds keenly eyed lhe british captain — shouted in u tremendous voice now lor it and drew buck lus arm its iu the acl of throwing the fatal irnu ! mufti — tins is the title of the supreme judicial ,, nicer und interpreter of ibe koran his oilice iiiumi be compared with any in the ooverninonts of western europe his rank is next lo lhat ol the sriiiid vizier if nol superior rets effendi the secretary of stale the word ell.ndi is uf modern introduction and is a corrup tion ofa greek wurd signifying lord or master — it is often used us a term of respect pushuw or buhiiuw ur pueha the first luring he most correct this is lhe governor of ii turkish province he s appointed by tin sultan or vizier and exercises greal power lhe most distin guished have three horse lads curried before them ; the ml nor only two the cup id in captain p.ish.-iw is the high admiral mussulman or moslem signifies in lhe turkish language a true believer oh ! no come the hour in sod's own tune ! — and a guod lile and a glorious hope shall make il welcome coiue ibe hour of release ! and afflic tion shall make il welcome — come the hour ol the englishman wus n brave man — which is not always llie case wuh bullies — and he bad of ten marched without flinching up iu tho mouth of u cannon and il he bad been in single combat wilh nn adversary aimed with a swurd or a pistol or even a dagger or u queen's arm be would have bore himself manfully indeed he had already acquired an unenviable notoriety us a duellist and inn killed ins mun but the liurimoii was u weap on willi which lie was altogether unncquuiuted — and the loud nud exulting tones of lhe yankee captains voice sounded like a summons lo bis grave and when ho saw the stalwart yankee rinse the polished irun — and pause lor an inslanl us if concentrating all his strength iu give iho to tal blow a panic terror seized hnn — his limbs trembled lus features were uf ghastly pallor and the cold sweat slood in large drops un hu forehead he bud not strength to raise his weapon — and when ins grim opponent shouted now for it uud shook lus deadly spear the british ollicer for getting lus vows of chivalry his reputation as an ollicer and his honor as a ilucllisi throw ins har poon on the ground fairly turned his back lu ibe enemy and fled like a frighted cuurser irom ibe field amid the jeers and jibes and the hurruhs of the multitude assembled by tins lime on the spot caplain bigboe's duelling days were over no man would light with bun alier this adventure wilh ibe yankee he was overwhelmed willi in sult and ridiculo and soon found h advisable to change into another regiment but his story got there before bim and he wns soon sent to " i'uv entry la a disgraced mun he wus compelled although with greol reluctance lo quil the ser vice — and it may willi great iruth lie suid thai in never forgot tho lesson he had received flora lhe veteran wliuler so long as his name was bigbee rc-uui in with the loved und lost ou eurth ; nnd lhe passionate yearnings of uticctions and the strung aspiration uf faith shall bear us lo he blessed laud cume dealh to this body — this burdened tempted frail failing dying body i and to the soul come freedom light und joy unceasing — come the iiiuiiurlul lite ! — " he thut hvelh saith the cunqneror over the devil " he thut livelh uud bclievetli un rae shall never die — •••♦••»— man's love — it is a poor nnd vulgar philoso phy which luucbos that man cannot love in truly uud permanently as woman there may he few er instances bul there nre many to prove tbo fact then are lower because lhe temptations to for get the first strong overpowering pussions of our being are more frequent with men than wuh wo men olhor passions naturally try tn unseat from lhe heart's ibroiii any dominant power which tram ple them beneath its fool especially when ils sway bus been unhappy the busy scenes which men pass through give lo llio other passions ambition avarice thu luvu of fame and many other every opportunity of dethroning luvu if love bu iu bun self nul strong and linn tbo daily passing and manifold occurrences — business pleasure danger strife und nil lhe memories attached to them — strive lo elliie.u hy lho crossing of new lines iho impressions of early years but the diamond can neither ihi scratched nor sullied and if the heart lie ofbaaar stone il msy uud will lose the image that it bore bul if it bo like that jewel firm and clear unit pure u will reliiiu iiuehuugcd that which has been once engraved upun it — james capt lovatl smiled when he saw such manifes niunsol christian spirit " tell capt bigbee said he " that i will not baulk him he shall have the opportunity be ao aarneatly seeks although not a lighting man i am familiar wilh the duel laws mid if he will be to-morrow morning on the bunks of the green canal near the south uuy rather 1 secluded spot be shall have satislacliun lo ins heart's content lieutenant lames bowed politely and withdrew capt lovett wenl on board the cinderella soon iter and ordered his mate mr slarbuck also a veteran whale hunter to select lhe iwo heal har poons have tlimn nicely ground and filled as an pp'irtumly might oiler on the morrow ul striking n porpoise mr slarbuck obeyed bis superior ol licer with alacrity although he wondered mil a i'l tie why capt lovett expected to find porpoises in ll in.-r-ir 1 sc ll ij p les at a recent trial for an important case wc think il was a charge ol murder near itusiuu suversl of llie persons called lo the jury box were excused on their pica that ihey could not conscientiously con vict a person of a crime that me deed capital pun ishment in tlie charge to thu jury after the tes timony end argument iu the same caw judge shaw look occasion tu refer tu the circumstances the italtlemake — this snake is peculiar wo i relieve lo north america and was formerly found in great abundance iu nuw i'tngluiid — but since the country bus become settled — und an exter minating war declared against thuse noxious reptiles iheir numbers havo rapidly decreased — ami now ihey are seldom seen thuy are still lo be found however occasionally we believe in certain purls of every new england slate — bul genunrally con flue themselves lo rocky lodges in uncultivated tracts ofthe country in chcstur n ii there is a lull which from lho grenl number uf theee rep tiles which formerly made it their abiding place is called kalllosnalio hill a few still remain and they are sometimes killed in he adjoining towns where ihey wander in search of water i the jurors plea and iheir having been excused on that ground the boston tunes says : the general course of bis argument was that | the laws were made by ibo community through the legislature and upon quesliins of this kind mosl lie presumed lu is rigbl by the individuals uf winch ibe community is composed should i ihey appear afteiward ". be wrong the legisla ture can speedily alter and correct them bul so long aa they exist it is lho duly of ull lo obey i and the proper ullicers of lhe law lo enforce ihem . j if in a case of capital punishment a juror has a right to say thai be will not enforce ibe law al though the crime may have been clearly commit j led hum it follows that the judgo may du so or the shcitll may relnse to srn.'sl or iinpnson the muidenrr u|>oii llie same conscientiuus scruple — further than ibis if s juror has a right lu set aside i uny one law because lie disapproves of ibo princi ple oh which il is founded or the punishment to which 1 sjouw lewd be must have the right to se the next morning as soon ns all hands were culled capt i ov li ordered the boat 10 be manned and requested mr slarbuck lo take tha two liar poons to each of which some eight or ton fathoms of raliling muff were an nod and uccompeny bim on shore in a few moments lhe boa reached the booth quay where capt loveit was met by sevcrul of his roiintryintii who bad been attracted 10 lho spot by the rumor of the duel us well us j*eral merchants und inhabitants of ihe place — i ley one uml all remonstrated wilh capt lovoii foi in follv iu consent iog to fight the english mill a number of years have passed away since an occurrence took place in the neighborhood of chea ter winch certainly was tho ooca ipn ofooosidera hie exciteiiu.'iil ui the neighboring families ut lho lime and which is still worth relating some men were employed ill mowing a meadow which was a distance from any dwelling or road — and as the weather wus sultry and many parts of the io a.low covered with water nne uf ihem mr it bought prup.-i to divest himself of iieurly all lus garment s and led lhe van ol thu mowers uimcu loiir it is well known that al this season when st paul at athens tha house occupied by iho american missionary us a school siuml on im ancient unguis ur market place where sl paul " disputed daily with thu aihoiiiunri a few co lumiis still romum uud near them is an inscription meottooiog the price of oil winding round the foot of the acropolis within lho ancient and oulside of all duties forgetfulness is the hardest lo fulfil the very effort lo forget teaches us lo rcmemlicr
Object Description
Title | Western Carolinian |
Masthead | Western Carolinian |
Date | 1839-08-30 |
Month | 08 |
Day | 30 |
Year | 1839 |
Volume | 20 |
Issue | No.11-Whole No.1001 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archival image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was |
Creator | B. Austin and C. F. Fisher |
Date Digital | 2009-04-13 |
Publisher | B. Austin and C. F. Fisher |
Place |
United States North Carolina Rowan County Salisbury |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | The August 30, 1839 issue of the Western Carolinian a weekly newspaper from Salisbury, North Carolina; this copy has a hole in the middle of the front page and page two |
Rights | The SA of NC considers this item in the public domain by U.S. law but responsibility for permissions rests with researchers. |
Language | eng |
OCLC number | 601575717 |
Description
Title | Western Carolinian |
Masthead | Western Carolinian |
Date | 1839-08-30 |
Month | 08 |
Day | 30 |
Year | 1839 |
Sequence | 1 |
Page | 1 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archival image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was 2090402 Bytes |
FileName | sawc05_18390830-img00001.jp2 |
Date Digital | 4/13/2009 11:27:23 AM |
Publisher | Krider & Bingham |
Place |
United States North Carolina Rowan County Salisbury |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | An archive of The Western Carolinian a historic newspaper from Salisbury, North Carolina |
Rights | The SA of NC considers this item in the public domain by U.S. law but responsibility for permissions rests with researchers. |
Language | eng |
FullText | the western carolinian nor prohibited by it to the states are reskrvkd to the states the poweb8 not to thk united states hy thk or to the people — amendments to the constitution article x b austin -& c f fisher > iiiiiie>i ami proprietor s salisbury n c august 30 1839 { no xi of vol xx i whole no lool terms of carolinian tary bully who was represented as a practised du elln-t an expert swordsman and an unrivalled marksman wilh a pistol being sure of his man at tevelve paces copt lovett however did not show the leust inclination to huck out — bul on the contrary seemed more eager for the engagement " i'll give that quarrelsome fellow a lesson said lie " which evill be .,»' service to him and which he evill nevor forget as long ns ins name is bigbee the challenger with ins forehead ornamented with a larga patch to cover the impression left hy the yankee knuckles anil ins swollen eyes dimly twinkling with anger nml mortification thmugh two huge live circles accompanied by his second soon ' wade his appearance lie evus followed hy a ser i eiiil with a pistol case and uu assortment of swords i he bneved stiilly tu capt lovett nud lieutenant james approaching lhe yankee asking inin if he waa willing to tight with sevurd.s if so suid he " i believe we cun suit you we have brought with us llie small sword a uem gentlemanly even p on — the cut anil thrust guiul in a melee nud eelueh evill answer indifferently evell in u duel — und the bn.ail sword or cutlass which is often preferred hy those who are deficient in skill in lhc use of arms my friend captain bigbeo is equally expert with either y uu have only to chouse as the chal lenged party you have an undoubted right to se lect your arms " of thai privilege 1 am evell aware replied captain lovett und menu to avail myself of it i shall not fight evilh sevords " i expected as much resumed lieut james " and ii !• brought eeitli mn u beautiful pair uf du elling pisluis with long barrels nlle bores and liuir triggers what distance shall 1 measure off " kiglii paces " only eight paces cried lieut james a lit tle surprised oh very well — and lie measured it oil uud placed liir man al his post then ad vancing tu capt lovett lie presumed him evilh a pistol " 1 do not fight eeitli pistols i " nut light with pistols — after having refused to fight with sevords ! what brought you here then ?" to fight shouted lovett in a thundering voice which made the british ufiicer start " 1 am the challenged party end hue u right to choose my weapons according to the laevs uf the dyiello all lhe wnrlil over — and you may rely upon it i shall not select weapons with which i am not fami liar nul evilh which my antagonist has been prac tising all lus life such a proceeding on my purl is nul i.nly nut required by the rules uf honor which alter all is a mere chimera bul evould be contrary to all ihe dictates of common souse no i shall light with the weapons of honorable war fare with winch 1 have ever been necustumed — swords and pistols indeed " but my dear sir cried the nslonished lieu tenant " eve must proceed according lo rule in this business whut eveapons have you fixed upon and in fancy's eye he beheld before inin a huge blunderbuss loaded wilh buckshot captain lovett suid nothing — but beckoned lo mr slarbuck who approached him with great alacrity bearing llie two harpoons he seized ouo uf lhe formidable weapons ami thrust it in thc hands of bigbee who seemed absolutely paralizud wilh astonishment natural dread op death aside any other or all luws if the right ex ists it exists without limitation and the general exercise of such u right by jurors would nullify all law and make void the proceedings of courts of justice the recognition uf such a course of pro ceeding by jurors would cause such confusion in tho minds of men in relation to the expediency and propriety of many luws ihnt it wuuhl he dif ficult lo eiiipiinui'l a jury ur procure a cuuvictiun the jurors he smtl were not linblo for the er rors of lhe law ur fur its existence at all tn-.y do not make unit cannot uller it the legislature must do thai when occasion may require the duly nf a ninn us nil individual wus lo endeavor to have the laws made perfect uml tu obey ull laevs in existence as a good cili/.en ; ami us u jurur ur officer to enforce them he nut being anseveruhlc for the consequences thai uiny ensue the weigh of obligation in executing important lilies rests lint upon the t'uurt ur jury but upon lho legisla ture evhich enacted and the community evhich aware of lhe impropriety allows i hem tu contuiut in '■■'-"" r^^a—^^^^m drought generally prevails rattlesnakes are very ii apt lo come down from iho high lands in quest of water — nnd as mr r got at the end ofthe swath aud stepped on thc dry land he placed his foot al most in contact wilh a huge rattlesnake which raised its tail gave il a low quick shakes and sprung at the poor man just as ha turned to flee half frightnned to death from the venomous ep tile his crooked poisonous fangs entered tho lower pari of the only garment evhich mr r wore ul ihe lime the lecture of which evas particular ly strong und thoy could uui be easily disengaged mr ii gave a scream and started oil on the full run lhe snake slicking lo him closor than a broth er lie passed through woods bushes fields and pastures he crossed fences ditches brooks anil bogs — he jumped halloed galloped nud scrennied for aid — vainly trying to ml himself of his uglv louking associate al length cn/.v wuh fear and fatigue he reached tho public road and passed along il on the way to his dwelling houae al n rate which would have astonished lhe most despei - ate pedest r(in looking behind him ut intervals nn.l sores mins whenever he beheld the horrid ap pendage lo his homespun linen garment he passed several pcriume in the mud whu were thun der-struck ut the sight of ihe unfortunate man cut ting up such unties using such violent exercise — nnd exhibiting liimsell'iil dishabille without regard to propriety pr decency mr r ul length reucbcil ins own dwelling a distance of three miles from the meadow the door of which blood invitingly pen through evhich ho rushed lo llm oonalerna lion ui the woman folks — having still attached to him the grim louking reptile ly this time ho was completely overcome with terror beat ami fatigue ami fell fainting ou iho floor thu poor rattlesnake however bud got the worst of it and had been threshed aboul ut such an unmerciful rale ihnl bis life us well as a grcul portion of his tail bud departtld long beilore he reached ibe g'.ul ! the tex1an wild house tho mustang or wild burse is certainly tho grealest curiosity lo those uiiuceustomod lo the sight thai eve meet with upon the prairies of tex us they are seen in vast iiumliers and olio time ot exceeding beauty the spectator is eon polled to stand iu uinuzctnent and cuiileiuplale this noble animal as ho buuuds over lhe earth with the con scious pride of freedom we still meet with inli ne iu ihe low countries and during summer hun dreds were seen in ihe neighborhood of houston dinting over ihe plain and seeming to dare the spo ism in fur u contest iu the chase there was among those lhat were sometimes seen near the city ono remarkable above the rosl for his perfect symmetry and groat beauty muuy an oye was fixed upon him bu he fled before bis pursuers like the wind and so long ns i knew nnything of hnn he hud not met with uu equal in speed the western carolinian is published every fni v a , pwo dollars per annum il paid in advance or rjyo lli.llars and fifty cents if nol paid before the ex potion of three months ej 0 psper eeill he discontinued nm il all arrearages e paid unless at the discretion of the editors and a failure lo notify the editors of a wish to discontinue ai the end of a year evill be considered as a new en gagement advertisements evill be conspicuously snd correctly inserted at one duller per square for lhe lir-t insertion ami 25 cents for each continuance court nnd judicial advertisements will be chaiirod ss par cent more than the above prices a deduction ol 83j per cent from the regular prices will be mode to yearly advertisers advertisements sent in tin publication must have ihe number ol limes marked on them or they will he inser ted nil forbid and charged for accordingly addressed lo the editors on business must be pal paid or they will not be attended to fbv bbv o dewby it seems to us strange it seems as if all evero wrong in a woild where from the very constitu tion ul things death musl close every scene of hu man life where it hath reigned for ages over all generations where lhe very air we breathe and the dust we tread upun was mice animated lile — il seems lo us most strange ami wrong thnt this must common necessary expedient and certain of all events should bring such tremendous agitation us if ll were some awful uud unprecedented plienu j men i i ; thut it should be mure tl an ileum — a | shock a catastrophe a convulsion as if nature i instead uf huldiug un its steady course evere fall ing into irretrievable ruins aud that which is more strange is our strange ness to this event cull the weariness and failure of the limbs uud senses call decay dying it is so il is a gradual loosening of lie cords of life uud u breaking up of us reservoirs and resources so shall ihey llll one and another give way " 1 feel will the thoughtful man say " 1 feel the pang of suffering as it were pieiciug uud culling nsun ih r one l.y une the line und invisible bonds llial i 1.1 me to the earth 1 feci lho gushing current \ uf life within me to bo evcaring aevay its own channels i feel lhe sharpness of every keen emo tion and of every acute and fur penetrating throb i as if it were shortening the moments uf thu soul's i connexion and conflict with lhe body so it is | and so it shall be nil nl lust " lhe silver cord is loosened and the golden bow 1 is broken and the : pitcher is bruken ut the luuiitaiii and the wheel is in i km ut the cistern und llie dust returns to the curt li as it wus and llie spirit returns unto cud ! who gave it no ; it is not a strange dispensation death is , the fellow of all lhat is earthly ; the friend of man | alone it is not a monster in the creation lt is the lol of nature m [ s c e l l a n e 0 u s . from lhe boston mercantile journal he said he regretted that he had allowed the jn 1 rurs to be questioned upon the point whether line would render n verdict or not according lu lhe conscientious scruples upon the propriety of capital punishments he in old never allow such ques i lions tu be asked again every citizen evus bound te perform tbo duly of a jurur when required to i dn so according lo luev und hint duty only reiiin i red linn to say guilty ur uut guilty according to i the existing luev and the evidence no power eo ul.l bu assumed by a jurur lu make orulicr u law nor to assume lhe executive prerogative of pardon the duties uf the legislative judiciul and execu tive branches of llm government being cleurly de fined one could nol usurp tho puwers uf ihe other we have thus given a meagre sketch from re collection uf a very lucid uluqiienl and powerful argument it referred lu a certain puinl unly in u capital case hut may bu applied to ninny cases now iu ibe cuiir.se of trial judge siiniv conclu ded bis remarks on ihis subject by saying that if it ever came lu his knowledge that a jurur should refuse tu bring in u verdict uf guilly nn a capital trial ou lhc ground ihul he wus opposed tu capi tal punishment he should feci it lo he ins duty to cause the mailer to be laid before the 1 1 rand jury as u case of perjury an affair between a whaling cap tain and a military officer perhaps some of my renders may have heard of lhe slorv of the duel between old captain lu eeti of new bedford and the english ollicer in demerara it haa been variously related — but the only rue version is ns follows captain zachariah loveit after having per formed several whaling voyages to the pacific found himself in command of a small brig belong in to neev york on a voyage io demerara he evus a worthy man — and a good specimen ol u \ uu kee sailor — his heart evus lull of llie milk of human kindness hut be possessed u noble spirit — and would neither give nor take uu insult while his lit t lo brig cinderella lay at anchor in demerara river capt loved one afternoon enter ed a cofee-houae where be met with a friend — and ihey amused themselves by knocking the balls alii.u in a billiurd room soon after and before the game was half finished — some english military officers entered one of whom capt bigbee step ped up to capt lovett who evas arrayed in n very plain not to sny ordinary costume and evilh u bul lying air demanded ihe table as himself und broth er officers wished lo play n match capt lovett gave ihe red coated gentleman n stem look but replied with courtesy that he and ins friend had engaged the table und evuuld play out heir game after which if the gentlemen wish ed tn play il was at their service but eve can't wiiii said capt bigbee in an insolent lone not to thy eternal renting place shalt lliou retire alone thou tutli lie down with patriarchs of the infant world with kings the powerful of the earth the wise and good j fair forms and hoary seen of age pant ; j all in one mighty sepulchre the hills i rock ribbed and ancient as tlie sun : thu valesl stretching in pensive qujetngsm between * tj^^j uliiry wnuld be a veiy conve euilcrs of newspapers and par lent time when 1 urkish ulluirs ieei.il nutice many nre con s terms which tbey find in the f the ottoman porte — tho su iiviiii dec without gaining nny nud ihey either umit the uiien ligible or content ihcmsefves sal acquaintance with it some ., pei hups lie gratified with un explanation uf several uf lhe terms in question al though others will need no such information we therefore turn hastily to several works of reference and give the following : sultan is the title of the turkish despot it is a word of arabic origin signifying miglily the p ever ol the sultan is hereditary and know s no limit except the precepts ofthe koran and no res tru,nl except the tear of ussussiuulion the whole administration civil military and religious is al ins disposal grand seignor is another title hy which he is known the title pudisha also be longs tu him uud is regarded in turkey ns highly honorable tin present sultan is mahmuud ii ottoman the appellation given tu the turkish empire is derived from tbe name of its founder oil man ottoman or ostium ottoman porte or sul inne porte is lhe name of the turkish government i'be word porte latin porta a gate was applied because this was the name given lo thu gale of lhe sultan's palace divan ihe name ol lhc supreme council of suite ils original signification in — n board or low level its use therefore corresponds nearly with our use of board for council " vou must wait coolly replied capt lovett " hut wc bku.ll do no such thing exclaimed lhe surly briton — eve came here to play billiards — nul have no idea of being disappointed by a couple of fellows who hardly knuev a mace from a cue or i ball from n pocket it evill take ynu ull he af ternoon to snub the game — so clear uui i capt lovett and lus friend played on " come continued llientlicer enough of this marker place lho bells saying which with a mosl impudent air he seized une of ihe bulls evhich cnpl lovelt's opponent bad jusl dnecn into the pocket und caught up another one evhich wus near bim the muller was growing serious capt lo veil's eye hashed lire — for although he hud min gled a good deal among quakers and respected thai moral sect for their humility and quiet demeanor he wus no non-resistant man himself he drop pad ills cue and doubled up a fist of portentous size put those balls upon lhe table you scoundrel exclaimed he imperatively " und leave lhe room " who do you call scoundrel you yankee black guard 1 do you know you are talking io one of bis majesty's officers take that for your imper tincnce al the same time suiting the action to the word.anil giving captain loveit a smart rap aoruaa tbe shoulder with his cue bul in an iusiuiit he received a bluev on his forehead exactly where phrenologists locate the organ of eventuality — which would have felled an ox and submissively acknowledged the favor by measuring his length upon the lluor ! his brother officers who wore wuh him hud the good sense to see ihul bigboe wus lo blame ami ullhoiigh ibey looked rulher bluekat lne van lea ibey wisely forbore lo moleal ihem further — bul insisted the slunried bully tn another room wiicre l,v llie help of snme resloralivcs he soon recovered his senses his rage nud mortification ul lhe result of the rencontre knew nu bounds and wilh many a hitler uuih ho declared he evuuhl 1 i •: su faction before captain lovett led the coffee-house a billet was handed hnn by lieutenant james which proved to be n challenge — a peremptory challenge from capt bigbee io which it was insisted ibal nr langemenls should ba made for an early meeting thai he mighl have an opportunity lo wash off the affront he hud received in capt lovett's heart's blood celebrate the vanishing away uf the shadow of ex istcnce man dues uut die though the forms ol popular speech thus announce lus exit he does nul die we bury nul our friend but only llie form the vehicle in evhich fur a lime our friend lived thai cold impassive clay is nut the friend the parent the child the companion the cherished being no it is not ; blessed be tiud that we can say — it is not lt is the material world only that carlh claims it is dust only thai " descends to dusl the grave ! — lei us break us awful spell its dread dominion it is lhe pluce where man lays down ins weukness his infirmity ; his diseases and sorrowing that he may rise up lo a new and glorious life it is the place where mun ceases — in all that is liuil and decaying — ceases lo be man that he may be in glury and blessedness an angel of light ! cneriilly sinking the american horse espc cially such us ineve been raised ou grain evill out wind lhe mustniig in lhc chase and many uro caught with the la/./o or lurial the skill of iho mexican in lho use of this instrument exceeds belief he evill dart like a falcon in lhc midst of a drove of mustangs single out one thai pleases lus fancy and at the distance ol twenty or thirty paces thn.ee the lariat with unerring certainly " my weapon said lie " is the javelin — such as the grecian uud roman knights often fought with in ol leu times — a wunpuii evhich no man who challenger another could refuse to light wilh ut the present day unless he possesses a mean and craven spirit thus saying he took the station which had been assigned him at eight paces distant iron bis startled antagonist he coolly bared his sinewy arm — grasped lho harpoon and placed himself in un attitude " hi bet suid he casting n trium phant look upon ins friends " a smoked herring against a sperm whale that i'll drive the harpoon through lhat lellow's midriff lhc first throw und will finish him without the aid of tin i ince " mr slurbuck fiercely continued captain lovett in a loud and rough voice such as is seldom heard ex cepting on board a nantucket whaling vessel when a shoal ol whales is insight stand by tu haul thut lellow iu i t 11 k ohio no river iu the world rolls for a ilu.ii.iand miles a current no smuutli and peaceful its tributaries wind through us many valleys in ten different stales tlie tennessee ihe first in sizo having passed u nuvigiible course through three states lor more than one thousand miles falls into lhe ohio river fifty miles above its mouth ; ihu cum berland five hundred and sovenlv miles — being navigable fur steamboats to nashviilc ami fur keel bouts lb rue hundred miles further the wubush iwo hundred miles ; sreen river two hundred sud eighty miles from the mouth of the ohm river nuvigablu iwo hundred miles and levo hundred varda wide at its mouth ; the kentucky flve hun dred and fuur miles — nuvigiible oun hundred and fifty miles ; ureal miami foul hundred and eighty two miles — navigable sixty-four miles lu lhe sa j lines where annually is made frum five lo seven hundred bushels of salt ; lhe ireul muskingum [ nine hundruil uud fifty miles those are the prin cipal auxiliaries which give lubstuiicu and strength to the ohio in ils course of more than a thousand miles il washes six stales and wilh ils tubman rs bus morn lliiin five thousand miles i.f uavigablu waters lis mean width is six hundred yi.rds with ibe exception of its lowest fifty miles tho average width of which is ouo thousand yards — the average rapidity of ils current is three miles uu hour ll rises fitly or more feel al low wa ter ils surface sl cincinnati is supposed to be ouo hundred and thirty i'e.rl below the level of lako erie uud four hundred and thirty ubovo llio tide wuter uf the atlantic such is ihu ohio why then should we fear death save us the wicked tear and must fear it . why dread to luy down this trail body in us resting place and this weary ucliiug bead on the pillow ul its repose ? why tremble al this — that in thu long sleep ol ihu tomb the body shall sutler disease no more and pain nu more and heui nu mure ihe cries of waul nor the groans of distress — and far retired irom tlie turmoil of life lhal violence and change shall pass lightly over it and the elements shull beat and the storms shall sigh unheard around us b.evly bed ? say ye ugcu and inlirin is it the gruulest of evils to die 1 say yu children of cure uud toil ! say ye atlliclcd and tempted ! is it the greatest of evils lo die ? srand vizier tbo prime minister of stale on him devolves the acl nil authority he appoint to all civil and military dices uud puts tu death whom be pinnies the word vizier probably comus from the latin video io see tba male grasped the end of tho line lus eyes beaming wilh us much expectation and delight as if lie evus steering a boat ikjw on to an eighty bar rel evliule while captain lovett poised bis harpoon wilh both bunds keenly eyed lhe british captain — shouted in u tremendous voice now lor it and drew buck lus arm its iu the acl of throwing the fatal irnu ! mufti — tins is the title of the supreme judicial ,, nicer und interpreter of ibe koran his oilice iiiumi be compared with any in the ooverninonts of western europe his rank is next lo lhat ol the sriiiid vizier if nol superior rets effendi the secretary of stale the word ell.ndi is uf modern introduction and is a corrup tion ofa greek wurd signifying lord or master — it is often used us a term of respect pushuw or buhiiuw ur pueha the first luring he most correct this is lhe governor of ii turkish province he s appointed by tin sultan or vizier and exercises greal power lhe most distin guished have three horse lads curried before them ; the ml nor only two the cup id in captain p.ish.-iw is the high admiral mussulman or moslem signifies in lhe turkish language a true believer oh ! no come the hour in sod's own tune ! — and a guod lile and a glorious hope shall make il welcome coiue ibe hour of release ! and afflic tion shall make il welcome — come the hour ol the englishman wus n brave man — which is not always llie case wuh bullies — and he bad of ten marched without flinching up iu tho mouth of u cannon and il he bad been in single combat wilh nn adversary aimed with a swurd or a pistol or even a dagger or u queen's arm be would have bore himself manfully indeed he had already acquired an unenviable notoriety us a duellist and inn killed ins mun but the liurimoii was u weap on willi which lie was altogether unncquuiuted — and the loud nud exulting tones of lhe yankee captains voice sounded like a summons lo bis grave and when ho saw the stalwart yankee rinse the polished irun — and pause lor an inslanl us if concentrating all his strength iu give iho to tal blow a panic terror seized hnn — his limbs trembled lus features were uf ghastly pallor and the cold sweat slood in large drops un hu forehead he bud not strength to raise his weapon — and when ins grim opponent shouted now for it uud shook lus deadly spear the british ollicer for getting lus vows of chivalry his reputation as an ollicer and his honor as a ilucllisi throw ins har poon on the ground fairly turned his back lu ibe enemy and fled like a frighted cuurser irom ibe field amid the jeers and jibes and the hurruhs of the multitude assembled by tins lime on the spot caplain bigboe's duelling days were over no man would light with bun alier this adventure wilh ibe yankee he was overwhelmed willi in sult and ridiculo and soon found h advisable to change into another regiment but his story got there before bim and he wns soon sent to " i'uv entry la a disgraced mun he wus compelled although with greol reluctance lo quil the ser vice — and it may willi great iruth lie suid thai in never forgot tho lesson he had received flora lhe veteran wliuler so long as his name was bigbee rc-uui in with the loved und lost ou eurth ; nnd lhe passionate yearnings of uticctions and the strung aspiration uf faith shall bear us lo he blessed laud cume dealh to this body — this burdened tempted frail failing dying body i and to the soul come freedom light und joy unceasing — come the iiiuiiurlul lite ! — " he thut hvelh saith the cunqneror over the devil " he thut livelh uud bclievetli un rae shall never die — •••♦••»— man's love — it is a poor nnd vulgar philoso phy which luucbos that man cannot love in truly uud permanently as woman there may he few er instances bul there nre many to prove tbo fact then are lower because lhe temptations to for get the first strong overpowering pussions of our being are more frequent with men than wuh wo men olhor passions naturally try tn unseat from lhe heart's ibroiii any dominant power which tram ple them beneath its fool especially when ils sway bus been unhappy the busy scenes which men pass through give lo llio other passions ambition avarice thu luvu of fame and many other every opportunity of dethroning luvu if love bu iu bun self nul strong and linn tbo daily passing and manifold occurrences — business pleasure danger strife und nil lhe memories attached to them — strive lo elliie.u hy lho crossing of new lines iho impressions of early years but the diamond can neither ihi scratched nor sullied and if the heart lie ofbaaar stone il msy uud will lose the image that it bore bul if it bo like that jewel firm and clear unit pure u will reliiiu iiuehuugcd that which has been once engraved upun it — james capt lovatl smiled when he saw such manifes niunsol christian spirit " tell capt bigbee said he " that i will not baulk him he shall have the opportunity be ao aarneatly seeks although not a lighting man i am familiar wilh the duel laws mid if he will be to-morrow morning on the bunks of the green canal near the south uuy rather 1 secluded spot be shall have satislacliun lo ins heart's content lieutenant lames bowed politely and withdrew capt lovett wenl on board the cinderella soon iter and ordered his mate mr slarbuck also a veteran whale hunter to select lhe iwo heal har poons have tlimn nicely ground and filled as an pp'irtumly might oiler on the morrow ul striking n porpoise mr slarbuck obeyed bis superior ol licer with alacrity although he wondered mil a i'l tie why capt lovett expected to find porpoises in ll in.-r-ir 1 sc ll ij p les at a recent trial for an important case wc think il was a charge ol murder near itusiuu suversl of llie persons called lo the jury box were excused on their pica that ihey could not conscientiously con vict a person of a crime that me deed capital pun ishment in tlie charge to thu jury after the tes timony end argument iu the same caw judge shaw look occasion tu refer tu the circumstances the italtlemake — this snake is peculiar wo i relieve lo north america and was formerly found in great abundance iu nuw i'tngluiid — but since the country bus become settled — und an exter minating war declared against thuse noxious reptiles iheir numbers havo rapidly decreased — ami now ihey are seldom seen thuy are still lo be found however occasionally we believe in certain purls of every new england slate — bul genunrally con flue themselves lo rocky lodges in uncultivated tracts ofthe country in chcstur n ii there is a lull which from lho grenl number uf theee rep tiles which formerly made it their abiding place is called kalllosnalio hill a few still remain and they are sometimes killed in he adjoining towns where ihey wander in search of water i the jurors plea and iheir having been excused on that ground the boston tunes says : the general course of bis argument was that | the laws were made by ibo community through the legislature and upon quesliins of this kind mosl lie presumed lu is rigbl by the individuals uf winch ibe community is composed should i ihey appear afteiward ". be wrong the legisla ture can speedily alter and correct them bul so long aa they exist it is lho duly of ull lo obey i and the proper ullicers of lhe law lo enforce ihem . j if in a case of capital punishment a juror has a right to say thai be will not enforce ibe law al though the crime may have been clearly commit j led hum it follows that the judgo may du so or the shcitll may relnse to srn.'sl or iinpnson the muidenrr u|>oii llie same conscientiuus scruple — further than ibis if s juror has a right lu set aside i uny one law because lie disapproves of ibo princi ple oh which il is founded or the punishment to which 1 sjouw lewd be must have the right to se the next morning as soon ns all hands were culled capt i ov li ordered the boat 10 be manned and requested mr slarbuck lo take tha two liar poons to each of which some eight or ton fathoms of raliling muff were an nod and uccompeny bim on shore in a few moments lhe boa reached the booth quay where capt loveit was met by sevcrul of his roiintryintii who bad been attracted 10 lho spot by the rumor of the duel us well us j*eral merchants und inhabitants of ihe place — i ley one uml all remonstrated wilh capt lovoii foi in follv iu consent iog to fight the english mill a number of years have passed away since an occurrence took place in the neighborhood of chea ter winch certainly was tho ooca ipn ofooosidera hie exciteiiu.'iil ui the neighboring families ut lho lime and which is still worth relating some men were employed ill mowing a meadow which was a distance from any dwelling or road — and as the weather wus sultry and many parts of the io a.low covered with water nne uf ihem mr it bought prup.-i to divest himself of iieurly all lus garment s and led lhe van ol thu mowers uimcu loiir it is well known that al this season when st paul at athens tha house occupied by iho american missionary us a school siuml on im ancient unguis ur market place where sl paul " disputed daily with thu aihoiiiunri a few co lumiis still romum uud near them is an inscription meottooiog the price of oil winding round the foot of the acropolis within lho ancient and oulside of all duties forgetfulness is the hardest lo fulfil the very effort lo forget teaches us lo rcmemlicr |