. m m m m m m m m m m mm *^ m **^ m fmt m m mi wma mmmwamm m wmmmtmmmtmmtrm^mmmmm»mi ■■ ■ i ■* > m f ■ wp i m ■ ■ w . ■ m m ■ mmw u m vmam^m^^\\^ut a9m9 m w£\u~w 5 11 a wa_(t > lmsqais . £_ ** m m ces during their good beliaviour ther an in 1*06 ane law passed which established a su purior court of law and a court of equity in each county and provided that the judges should ap point clerks an desks and masters in equity ot bkill and probity for the coarts thereby establish ed who str.uk continue to reside within the same during then continuance in office and be subject the same rule regulations and penal ties as the clerks and clerks and masters uf the courts before established under this law the defendant was in april 1»07 appointed the legal tenure of his office ism refore that created by the act of 1777 during his g.iod behaviour therein and as additionally quahded by the act of 1806 during his res.dence inthe county of lincoln he bas not been found guilty of any misdemeanor ia office but haa discharged its uu ties faithfully ; and it is not stat _ that he has removed from the county but that he was quali lied and therefore still resides there the net ot 1332 removes him from office and confer it on i the applicant i the great objects of society is to enable men ito appropriate among iheinselves the tliiugs iwhieii in their namrai state were common — th purpose of the ordmaiy laws instituted by ftociety is to protect ihe rgiu to the irungs thus appropriated to one individual from the acts and iwrongs of other individual tne right i yet l_xpu_ed to the action of the mass of individuals composing the society ; aad agaiusi that there lean oe no efftwtual resistance oecause it is sus tained by physical force there 13 neverihe lless an intermediate power between thai of an individual or atew individuals on the one side land the whole society on the other from which danger to individual right may be apprehended it is that power whicn resides in ttie person or the body of persons on whom is contened the authority to act in the name and with tne sanc ti.u oi the supposed will ot the whole couimuni ty ; which may he observed and used contrary to the will ot the comiuuniiy for ttie purposes of ■ puvate wrong the body possessing thai pow ■ er we designate as the government ot a country ■ whether 11 consists of oue 01 more persons the ■ gieat aud essential differences between govern ■ ments as distinguished from one another by ■ their constitutions consist 111 the greater or less ■ persona liberty of the citizen and the greater ■ or less securby of private right against me vio lence or seizure of those who are the govern uient tor the time being it is true the whole community may modify the rig-hts which per sous can have in things or al their pleasure a bolish ihein altogether but when lhe commu nny allows the right and d-clares it io exist mat constitution is the freest and besi ■ which forbids the government to abolish uie ■ right or which restrains the government from ■ depriving a particular citizen of it in other ■ words public liberty requires tha private pro hpeny should be protected even from the govern - hineni itself h the people of all countries who have enjoyed hihe semulatice of freedom have regarded ifns hand nisisied on it as a fundamenoal principle huong before the formation of our present consti hiu'uou 11 was asserted by our ancestors on various moccasins ; and in one sense of it its vmdica htion produced the revolution at the beginning of htuai stiuygie while tne jealousy ot power was h~.rong anu the love oi liberty and of right was h ardent and ihe weakness of the individual citi ■ en against tue claims of unrestricted power in hiti government m as consciously felt the peopie ioru:eu ttie constitution of this slate and there hi declared *' thai no freeman ought to be la hk.1-11 imprisoned or disseized of iii ueehoid fib or privileges or outlawed or exiled or in b-.i manner de~iro)ed or deprived of his hie ■" i'.v ot property hut uy ihe law uf the land 1 h />{'/,. ./ rights s 10 by the fourth section 92 to destroy existing rights but in the mildcr^b one of which they are susceptible of re-h gulating the future actions ofthe citizen andh prescribing a now rule for the subseepient^h acqnision or enjoyment of property h these considerations would induce theh court cheerfully to adopt the cc*n.structmn^l ofthe act contended for by thc counsel forh the defendant were there nothing more in ltfa than those parts on which he has animadver-m fed but there are other provl.ons whichm are absolutely inconsistent with this con-m ruction to mention a few will be suffi-h cient since they are decisive the iir~th section enacts that the sheriff and all per-h ons holding elections at the next electtonh for members of the general assembly shallh also hold an election for county and supe-h nor couit clerks in the same manner andh under the tame rules and regulations that h they receive votes lor members of the le-h gcslattire th fourth section enacts thath the clerks hus elected shall at the first termh of their tespeciive courts which shall hap-h pen after their election execute bonds for theh faithful discharge of their duties and takeh the oaths of office il is thus seen thath the enactment is not that the elections thush to be held shall be from lime to time there-h efter in each county as a vacancy shall oc-h eat ; but that a poll shall be opened at theh then next general election by all per-h 90ns holding the elections for members ofh assembly indeed no provision is madeh for any future election not even one at thel 1 end ofthe four years the prescribed term i of service in tbe event of a vacancy after i one election the court is authorised to full it and the person appointed i to remain ml ' office until the next annual election oi'mem-h | bers of the assembly or the first term of i the court of pleas ard quarter sessions there ■ : after ; but even in that case the persons j who shall have the right to vote are not designated nor is any persem authorized to b • receive the votes the very imperfection ■ ! of the act in making no provisions for aub-1 sequent elections prove that the great i ; almost tlie sole end of it was an election toi follow us passage almost immediately in 1 every county in the state ; as the words of the first section in themselves import it i i i however said thatthe act does notr.move the i existing clerks and it is asked when their | offices become vacated — at the passage of the act at the election at the qualification i of the person elected or at the next court the answer is that upon the grounds ofthe public service and the silence ofthe i upon the subject of removals the offices d not by construction be deemed va d until according to the other pro ms another officer was ready to dis ge the duties or at least the time had ed for him to enter on them but by cessary implication when that time lid arrive and the new clerks whether ted by the people or appointed by the t should have given bond and taken oaths the duties of the former close and sequently his rights as recognized in the also terminated the admission of the clerk is the expulsion of the old one both cannot be in at onces each having a it to the entire thing thus in every nty a new clerk is to be elected and ad ted in 1838 and therefore all the former rks are then ejected this conclusion inavoidable as it seems to the court ami he more to be relied on as it accords h the general sense of the community need by the elections held throughout state under the act in not a single inty was an election omitted nor have * scruples been before expressed that y were not all held in conformity to the uirements of the legislature determination of this question the judicial fdnc-mbm tion is competent it involves no collater-^^^b al considerations of abstract justice or politic ex h pediency it depends upon the comparison ol ■ the intentions and wi^l of tlie people as ex ■ preaqed in th con.titr.fion as the fundamental law unalterable except by the peo|»!e themselves ■ with thc uiterrtiun and will of the agents chos ■ en under that instrument to whom is confided ■ the exercise ofthe potvers therein delegated or ■ not prohibited such agents are all public serv ■ ants in this state and the agency is necessari ■ ly subordinate to the s perior authority of '- ie h constitution which emanated direc'.ly from theh whole people legislative representatives ma h^h order and enact what to them may seem meeth and useful upon all subjects and in all m-t'n-h ds except those on which their action is re.h trained by the constitution and such order andh enactment is obligatory alike email citizens in-h eluding those who are by a public duty toexec-h ute the laws as well as those on whom theyh are to lie executed courts therefore must en i faree such enactments for they are laws by merel force of the legislative will but when theb | representatives pass an act upon a subject upon h , which the people have said in the constitu-^^h tion they shall not legislate at all or upon a h subject upon which they are allowed to legislate^^h tney enact that to be law which the same in-h strument says shall not be law then it becomes theh province of those who are to expound and enforceh the laws to determine which will thus declar-^^b ed.is the law neither the reasons which de-^^b terraine the will of the people on the one handh or the will of the representatives on the otherh can he permited to influence the mind of thel judge upon the question when reduced to that h j simple point his task is the humbler and ea i ! sier one of instituting a naked comparison be-b 1 tweea what the representatives of the people^^h ' have dene with what the people themselves^^b have said they might do or should not do : and i if upon that comparison it may be found thalh the act is without warrant in the c on-aitutii.nh land is inconsistent with tho will of the peo i pie ta there declared the court cannot exe-h leute the act but must obey the superior law,h igiven by the people alike to their judicial aivdh i m.i their legislative agents h although this function be in itself comparativ-h hly humble and does nut call for those high at h htainments required for wise legislation wtiich ash hit affects all the diversified interests of society m bought to embrace a knowledge of all of them ao.l li just estimation of their relative iinpjrtai.ee twh ■ individual happiness and the common weal yeth liii exercise ot it is the gravest duty ofa judge^h land is always as it ought to be the result oth tiie most careful cautious and anxious deriber-^m ha ion nor ought it to be nor is it ever exercis i hed unless upon such deliberation the repug-^m hriance bewecn the legislative and c~nstui.tmaih henai tint tits be clear to the court and suse.pti-hh hble uf being clearly understood by all iu eve-h hry other case there is a presumption in favorh hot the general legislative authority ri'_ogna d^h hid the constitution j he court distrusts its ow uh he inclusions of an apparent conflict between iich h provisions of lhe statue and the constilution^hb h because the former has the sanctions uf lhe i h lelligence ot the legislators equal lo the the ap-h h prehension of the meaning of ihe constitution h h<u tneir equal and sincere desne trom inoti-.'-.-h ho patriotism and conscientious duty to upiiolo^h i that instrument m its true sense and ol ui^h h present and temporary inclinations at foa.th h of a majority of the citizens which must del h supposed to be known o tiieir represeu!aiiv~s^b hand lo be expi.ssed by them but even these^b h sanctions are not sufficient lo overthrow the con i h sutiitioti it lire repugnance do reaily exisi an.h i is plain for althuugh the imputation is alio i h geitier inadmissible liiat the legislature mieu-h h o_d willfully to violate the constitution anah ■ still less that the people themselves '. m*'ui i i plate violence to the instrument consecrateohj hi uy their own voices and the consent of our ao-h hi ccstors yet all men are fallible and in the o es-l i patch ol business the tieat ot controversy m.il hi me wishes to effect a particular end may h i advertently admit to sciutiruze their powers,h i ana adopt means adequate indeed to the end uuih i beyond those powers it ought not tu surpris b i that such an event should sometimes happen i | in other countries such has been the practicaim hnilficulty uf luaitin the action of those in whoseh hianos ihe powers of government are tnat the-h hi-iln to do so has been tacitly yielded up anclh hi he will of the governor the time being admu-h h,r-.i to the supreme law in america written h hcousututiuns conferring and dividing the pow-h hers uf government aim rest g the aciionsh hot those in au honty for the tune being haveh hue-en established as secuntes of public liberty h hand private right hull th agency of men ish hnecr sary to the operation of the governmenth inn ttie execution ol lis powers the same lrail-h hues which cause men in power through whichh hhthey happen iu those countries when their ownh i judgment and conscience are their only guidesh i and restraints to enact laws unjust ur oppres-h i sive may here also be expected sometimes to i have the same effects although their acts should i involve a violation of the constitution it i as i tuiii lung that it foes not olieuer happen that i it does not is a proof not only ofthe essential val i ue ot written constitutions but of the profound i wisdom with which in ours the powers of guv - i eminent are distributed ; so as to secure in every i department the agency of public servants not i oniy capable ot comprehending but so solicitous ■ ufubeying the constitution in its true spirit i that ihey will not palpably violate it nor in m our the uanger of doing so by the exercise of ■ doubiful powers such praise is not only due lo i the constitution for us wisdom but the merit i of scrupulously observing it must be allowed to i those who have been called to legislate under i u and have not in the whole course uf the le hgislaiiou of nearly sixty years ueen urged by hpassioii or betrayed by carelessness into in 4 hoptioii ot perhaps hail a dozen act incompatible hunti it when unfortunately such instance i.o occur the preservation of the integri'y of the h constitution is confided by the people as a sa i cred deposite to the judiciary iu tne discharge lot that duty lhe approbation ot the legislature i iiaeit is to ue aiuicipaiud for tlie principle o i virtue which restraius theiu from a known and i wiiltul violation of it will inuuee them to re i juice at the rescue of the constitution from evea i their own incautious and involuntary infraction i of it ll remains now to enquire whether the b act under consideration be of that character i the office of clerk is recognised in the eousti htutioii ; b'tt the tenure is uut prescribed in any hpart ut that instrument and is doubtless with lm the discretion ut ine legislature very soon h 11 '^ die adoption ut ihe cunstitution the act of ■ 1777 c 110 for the establishment of eouit i ol la *, pa j and provided that the courts isiixui.i a t poini clerks ol skill and probity who ■ should xecu.e orlkrial bonds and take certain i oaths of oliice ; and enacts m tle fouitti sec ion i van tht ttcrks . . appointed shod hold their oft nor does the extension of the sentence of e*nn . etae to all the clerks in the state varv its hia ] racier in this respect the provision is not at i ot a a w proscribing a rule of property or mo-lrfv ing the extent of interest or the tenure prw ttvely nf which those offices shall be sosc puh , • or declaring that all property in them shall cease j by the abolition ot the offices themselves ; but it i is a provision by which the office preserved in j the law and still regarded as the subject of pro petty is taken and merely taken from one man and given to another the only sense in which that transaction cannot be called judicial is that r.oourtof justice could have pronounced the judgment under the existing lavs upon the state of facts in this case to have authorised such a sentence by a court further legislation would have been nee ossary it is true then that the act is not purely judicial rut this ia all that can oe said in support of it it is certainly as true that it is not purely legislative j for it leaves the nature ofthe offiee as it was in dutie powers privileges and emoluments and confvrs it on one person as a lucrative place after liking itjrom the formtr possessor who was before the acknowledged owner as far as the act is legislative it is within the legitimate powers of the general assembly ; and it must be admitted that the elections allowed or commanded by it are constitutional and valid and confer a good ti tle on the persons elected where a vacancy ex isted ; and it may perhaps be admitted that ttiey are also valid and confer title whenever the pre-existiug rights of the incumbents shall ex pire by lapse of time or cease by surrender or by forfeiture for any cause declared by law elliganee could be obtained respecting the pcrr~-h ra'.or of these robberies ; f r those who had n their victims were afraid to denounce th ml o tne poirce , mm a friend of count du saillant arrived at th 1 chatpan or.e eveiihyr a lull after ni<r ht fall i his maimer was obser.ed to be em.arni~.edh ind thoughtful a eircum.tao.e which was theh more remarkable in as mnch as he had usual-h ly a boisterous flow of spirits and what v _ 1 termed ajoval bottle companion his gascon-l mlm tat often excited the risibtlitv of mirabeau h m honor of which the campagna'rd was not al tie raw i'he count du saillant curious um learn what had operated such a change in hi ot the company and questioned him on the sub 1 ject na no said f -| connot tell you youl would not believe it and besides it raurhfl cause some misunderstanding between us "_ indeed exclaimed if du sail nv'then it'is a serious matter and it appears that i am inter ested in it not exactly you-~ut '— ' what do you mean can it be any thing relating to madame du saillani explain yourself _ as sure you madame du saillant has nothing to do with the affair but but again really you put me out of all patience and 1 see that yon are resolved to offend me well since you insist upon it know then that i was stopped this evening about half a league from yonr ehat teau.'—-stopped how by whom by a robber who aimed a gun at me and demanded my purse i threw it down and made the best cf my way hither ask me no more qustions why not did you know the robber it was dark per haps i had not a very distinct view of him i cannot be positively sure yei i thought what when did you think it was ' i dare not tell — i insist on knowing would you screen a criminal from justice no but if that ciim lnal should be no matter whom he m»y be lven though he should be my own son i insist on your naming him i thought but no doubt i must have been mistaken that he was your brother-in-law mirabeau '— ' mirabeau im possible oh it must be a mistake banish thia obsurd idea let us rejoin the company and resume your usual gaiety or i shall think yuu . mad — they then returned to the saloon and seated themselves at onie aistance from each oth er tkk-«sr"^^*^m r..n.t * witchma , is published 1 l r,rr //■//- wpor year in advance mrribcrs live in connies mo t ..... .. " t^milesdisum from sah.-bnry aad in ,',.,;. „ the aecona is over one year stan ; * , c will he ■_> 1 \- i u.~*v;:i h take for le tl.an one 1..„vt will lie done at the anoal rat tn **. .', ,, will he withdrawn nntil arreara , nn iess the eddor chaoses n r:iv m ? the wh.de earn m ■*- .. thevoie/tevwat v tor one ' •|. > ;: v p r^ilarly will bo continu '-- rales afterward - ' ' '..;.. f editor must he post paid or attended to m ii the editor on the boairieaa ' '';' : r i v.'il nddr-m him as kditor of the •'"• ir ,',.,. un—tho that write on oth to h.c.jon t . ' " vll the aiiajeerip-iona taken before the e ' nt of this pap it will be re-.n.rn ■ • : * «_ due on the publication of the first ] ■__• i ' "** cotrt nfo-.r luvsox he i a rkof the superior court is im rti ~ ttt incumbent and the act of 183*21 1 ion of clerks in the people sol i ' '. atetfrrea with this property is un-l hum last circuit at lincoln before eiottwi ju(l i e norwo0d ' the p lain,lft mam titicate of the sheriff of lin hfuch et forth that an election held 1,,'anc^ofthe act of 1852 ch 2 he i ff had been duly elected clerk of i^tior cotnt of lincoln the plain w yndered the bonds required by the ■ r j moved that he might be qualified i miued to take upon himself the du wjlf e office this w-s opposed by thc i v.ho proved that he had heen bf r'.t dclerk of that court in april 1907 r f 1800 h cv l ia3 scr * he had regularly qualified and b,.ij-s for the faithful performance of |,. f his office and that those bonds lrcntwcd according to the several bl tihly requiring such renewal the motion because i nl n'iu,i t,waaun end therefore null and void to bi eon tnued from the london court journal anecdoteof the private life of mirabeau . we copy tne following curious story from the rev ue du midi the editor of which publication gives the following ac count of the source whence it is derived this anecdote he says a por tion ofthe evidence supplied tom de gal itzane advocate general in the parliament of province who spoke against mirabeau in thc suit instituted by tho latter to obtain a separation from his wife madlle matig nagne the anecdote was furnished to him in furtherance ofthe interests of ma dame mirabeau and with the view of prov ing the immoral character of her husband m de galitzane who followed the bo-bon family in their emigration returned with them in 1814 when he obtained an ap pointment in the household of louis xviii one day when i was breakfasting w.th him in company with the marquis de b — — — -, our mutual friend he related the anecdote nearly as 1 have given it at least with the exceptioh of some unimportant details which i have omitted i know not whether m de galitzane be still living but if he be he will 1 am sure bear witness to the cor rectness of my version of a story for the au thenticity of which he pledged himself 1 ] it is a well known fact that mirabeau's bitterest ememy was the author of his exis tence the pretended friend of mankind was an avaricious enviuos and unfeeling parent the marquis and his son had bo come friends or to speak more properly the father for a time suspended his persecutions one of the conditions of this_________h__h m — entered into conversation with his ac uot.oa.o cheerfulness thc count du saillant on his part vainly sought to banish the unplea sant reflections which occupied his mind his uneasiness increased and he one more drew m to the adjoining apartment after a little conversation it was agreed between them that m should take an opportunity of men tioning before all the company that he wae on a certain day engaged to a dinner party and that he would afterwards s eep at the chateau du saillant where he should probabl arrive a bout ten at night m contrived to introduce this observation in a way that appe red perfectly natural taking especial care to let it be over heard by mirabeau who was at that moment en gaged at a game of chess with the cure of tho district the conversation then continued as did not affect the d"-l ks right to tho office from this l^the plaintiff appealed i was argued by iredell and wly tor the plaintiff and by badger eiid.ii | inv chief-justice the office of court of law for oy mr hoke hy under the act alsi '•• 1 and his admission is oppo sed by hi hf.nder.on who claims the same office by virtue of a previous appoint i.enl thereto under the act of 1800 the t.k depend upon the construction and va mityol'the act of 1832 i_„'he decision in the superior court was usual '^ mmmmiummm wmmmm on the night appointed fit may be mentioned that another robbery took place in tho interval m arrived at the chateau rather later than was expected af du haitian was in a state of painful anxiety amirabeau had not come home the night was stormy the surrounding dark ness was occasionally broken by vivid flashes of lightning and the rain fell in torrents the bell of the court yard gate rang violently if du saillant hastened to inquire who had arrived it was the friend whom he so anxiously looked for " well^said m , as soon as he enfer d i wafjj^hagd by mirabeau hims l._i clerk and is rested by the ko pronounced it distinctly upon the act is unconstitutional uh'jr.i'orc void k;.';ort of the decision it has howevel n li | ll l ll i i mil in i i ill re k-ciuationwas that miraueau should for a lime retire to lunoisin he accordingly took up his abode in the chateau of count du saillant his brother-in-law whose estate was situated a few leagues from limoges mirabeau ~ arrival in the old seignoral chateau was regarded as a memorable event by the inhabitants ofthe surrounding coun try most of the noblemen of the environs visited the chateau du saillant in order to gratify their curiosity by the sight of a man of whose talents and extraordinary char acter they had heard so much the marquis du saillant was a man su perior in education to his neighbors who were for the most part exceedingly ignorant and who spent their time almost exclusively in hunting and feasting it may easily be imagined that his society exhibited a strange conttast to the talent and polished manners of mirabeau he was like a meteor de ; scended from the clouds his dark com plexion his large head the size r 1 which was m*^f]^\i^mm itie then elated cir^msta~n~ip}^llth_h_il lhappened he was summoned as before to 1 deliver up his purse — the robber was stationed i f behind a large tree and a flash of lightning ren i , dered his person partially visible ma gal i lopped up to hurt and came so closely in contact i with him that his hoise nearly knocked him i down the man staggered hack a few paces and pointing his fire lock at m , exclaimed ' in a stentorian voice the tone of which he could not mistake — " go your ways or you are a dead man another flash of lightning no darted full in the face of tho robber and m distinct ly beheld mirabeau fearing that be should bo shot if ho advauced he immediately turned his horse and made the best of bis way to the chateau m du saillart directed his friend fo observe the strictest silence respecting all that occurred and above all not to appear embarrassed or dis turbed about half an hour after this mirabeau returned home drenched with rain he imme diately went up to his own apartment where he ordered his supper to be brought to him and sent to inform his brolher-in law tnat he should go lo as he was much latigued it io ueelared " that the legislative executive mid supreme judicial powers of government jugnt to be furever separate and distinct from eaell ottier ftrhe purpose of this controversy to f ran the correctness of the reasons of up of tho superior court : for that bet docs not in terms and acceir p a proper construction oust the de in absolute governments whether hereditary or representative t.ie division of the powers of government is unimportant ; because that body in whicn resides the superior authority can at will make it supreme and absorb ail other de partmenrs it ooes not follow thereloie that b-cau>e ihe british t_rliament whose suprema cy i acknowledged decides questions of private rights and puts that decision as it does 1u3 other determinations into the form ot a statute thai whatever it does is legislative in its nature it can adjudicate and often does substantially adju dicate when it professes to enact new laws — lhal faculty is expressly denied to our legisla ture as much as leg-is la tion is denied to our judi ciary whenever an act of lhe assembly there fore is a decision of titles between individuals or classes uf mdiviouals although it may in terms purport to be the introduction uf a now rule of ti de it is essentially a judgement against the old rlaim of right : wlucu is not a legislative but a udicial luiiction it may not be easy to dislin the act does not immediately ■ ofes which were filled at its banjoes it expressly remove the luturc election to be pm provision the question is that effect arises from the necessa in executing such a statute theconrt is not at liberty to disregard or evade its mandate upon any of the grounds upon which are formed the rule for the interpretation of general terms of ambiguous import these are rules for discov ering the meaning of the legislature and not a justification tor disobeying it it is the province of the court to expound their words so as to at tain t the meaniug and to that end conse quences and policy may be looked to but when its meaning is discovered the a".t as really intended is obligatory upon the mind the rill and the conscience of the judge however mischievous the policy harsh and oppressive in it enactments on individuals or tyrannous on the citizens generally those are political con siderations lit to be weighed by and to influence the legislators but if disregarded by them their responsibility is to their constituent not to the courts of justice to a court the impol icy the injustice the unreasonableness ttie se verity the cruelty ofa statue by themselves merely are and ought io be urged in vain the ju hcial function is nut adequate tu the apphcat.on of lhose principles i is not conferred lor lhat purpose it consists in expound ing the rules of action pre sent d by the legislature and when they are planly expressed or as plainly to be collected in applying them honestly to controversies arising under them between parlies wiihout regard to thc parties or the consequences la the act und.r consideration as far as it con cerns he controversy between these par tics there is no ambiguity the words are plain the intention uuequivocai and the true exposi tion infallibly certain we cannot under the prulciise uf interpretation repeal it and thus usurp a power never confided to us which we cannot usefully exercise and which we do nut ucs-i iitr construction of those provisions khjelher in construing an instru heardinal point is to ascertain the hgfthose who speak in it from :< ) them and the objects ap to he fleeted this is the rule of statutes as well as ] « instruments ; and it is the duty j jj^urt to whose province it falls ac distribution of the powers ol this country to interpret ha fair meaning upon the lan in order to effect f arc constitutionally allowable l^ii iew if the w oids are antbig lbe evils to be remedied not ap h r col specified and the remedy not h qe gnated the etypcts ane conse i in one construction or the o 1 . and ought to be resorted to as h ids to the expounder lf in one h are reasonable consis w ttsral equity and a sound public fcis^iinjutother sense they invade ruish those powers and to uefine sac-ii so thaf in act shall be seen al unce to be referable to the me or the other but 1 think that where a right of property is acknowledged to have been in one person at one ti_e and is held to cease in him am iu exist iu another whatever may be lhe origin of the new right in the latter the destruction uf the old one in the former is oy sentence if the act uf 1*332 had been coutineu in its terms to the clerkship of lincoln itsjudi the family sapped in the saloon as usual and when all had retired to rest m du saillant re paired to tb apartment of mirabeau he found him s!eepn>g soundly and he shook him violent ly to awaken birn " who is there ?" exclaim ed mirabeau rubbing his eye and looking a iround him angrily — " it is i replied m do saillant and i have come to tell you that you pre a villian — a pretty compliment trd'y ' v as it worth while to __.._ ui out of my sleep argumented by a profusion of thick bushy hair his strongly-marked and animate fea tures his eye in which were depicted the stormy passions which alternately expressed irony disdain indignation and benevolence — his dress which was neat though some what eccentric — all excited wonder and interest even before he uttered a word — i8fbbb5?^dbeab*io if it had said bul ahon ho opolte wnitlug imagination i ftff ****** pray leav g [ amr1 f that mr hendcr.cn had forieited his office or warmed by an interesting subject imparted a i foc p ' — is it possible you can sleep after th_l had conveyed it tj mr hoke,nt thai after toifoi a high degree of energy his eloquence the crrme yon have committed tell me where ture mr hoke had been duly appointed or was worthy guntilshommes fancied themselves you passed the evening and why you did not oy that act appointed or bad been elected by the in the presence of a god or a devil some join us at supper i was tired and drenched to citizens aud was approved hy the legislature ; were ready to kneel down and worship him lhe skin for i was overtaken by the storm now and therefore the one should go out and the oth vvhl!e 0tber3 thought of crossing themselves «* *** ***** /*** s sjhs er go in : it would be plainly as respects mr ' ______ thp ° r nr p do > ou ***** uj sl * r u,kin & here a " nigd _ ~ henderson's title an adjudication against it al aad ******* theu p 6 "* , must have an explanation of your extraordinary though the sub~e4u.ni mvesuuent of the title in some times seated in a spaaous arm chair conduct you stopped m ~- op his n here air hoke would no legislative i the act the mirabeau would listen to the converuation this evening tins is the second time you have less of the former character because it does not of his brother id law's visiters whose primi done so there is no dou t of your guilt tor he recite an aouse by henderson or other eause of tive simplicttv and rudeness of manners distinctly saw you you are a highway robber forfeiture is not such forfeiture assumed in it - -» t*z he frequently took part in vell ! well ! yoo might have bd mi all zmtzmtmlsxtt ther be rightfully put out and mr henderson hunting agnculure or the improvement ol tile cninlua i p_-«aod yon tr.y dear aaillant are cannot rightfully be deprived unless the thin their estates and tntiy were charmed by the a qxa , tysjam mag.r that 1 robbed him for he claim was oever property or has ceased to be extent of his information and his amiable the sake ol hra money ' no such thing all i so or unless he has paiicd from the property he benhommie wanted was to try the test of bis courage and had in it by forfeiture or otherwise tn.s aci for ihe sake of exercise and to vary his occu my own 1 wish to ascertain the decree of however is not restricted to one connty but ap pations he would trequeuily take hn gun ano re-oluitou wbic.i a man must possess oefore he plies generally to ail the clerks in every oeuu stroll about the country for a dsy shooting on can brine ****** *° violate the most saefed laws ty ; and it is said lhat for lhat rea-on it cannot these occasions he osually returned home late of society lhe axpernnent was dangerous 1 be a judicial act it certainly in lhat light is having as he said loitered away his time tu ad ave tried a several times lam ** 1 ***** j waniingiu the precision and direct operation miring the picturesque scenery of limosin a self tut yum friend is a coward lake this osually belonging to and aisunguishmg judicial bout tnis lime several rebbenes were committed key open my desk ana bring in the second proceedings but nevertheless it partakes of . ia the vicinity of the chateau four or rive m dmwer on the right hand aide m woattiant that character in its operation on the t.rmer offi dividual had been stopped on iheir retarn trom w s stounded at is sangfroid for miraheau cer if valid it compels the courts lo deprive the matkets and ordered lo deliver up heir pur spoke with the utmost cuolness aid composure the officers without turther enquiry before a court ses ; a command which thev had readily obeyed he opeoed the desk and carried the drawer andjury into the fact or legal suuiciency of any being willing to sacrifice a small sum of mooej nisbrotber.in law the drawer ne0 « * '. cause ef forfeiture or removal it tne legislature rather ihaxi exp*e themselves to the chance ofa vtloped in separate pape rs n.ue w wm cannot itself adjudge a forfeiture aireclly ; suit conflict in a country whi.h ein<j hit er_.cteo leather and others of silk t ■ pf less it would seem ought they to command tbe | by ravines and thickly wooded rendered it very 1 which they were wrapi wet n wt c.urts to remove without any caoi whativei tav.r v f to the ca'.rr^n-*es ot hri^tih^>iyii^wunt^u^^^^^^^^^^^^^^^g in their op f'adenouncing punishments tor acts j criminal or in divesting proper hbj previous laws and the guar piylic faith — if they arc repugnant jj sen^e of justic subversive og '.;■-! io<:sl-t!un and co iy^^ome policy long c£j e sanctioned by te.ts ofexj-im nmen consent *, and above ailj cend the limits of the legislative [•« defined by the constitution a ij^jth a case would not only be hut bound to receive the former as the true meaning ofthe f and to execute the act as thus in i ; * decent respect for the legis j^k now-edge °* tlie imperfection hi ' i lie difficulty of express tjjjb » such exact terms as to fc precis.on to the mind of _ the court the pro h o ai r i cs19table one » that ge»er e.~t . uuut - import were not ; since the meaning of the act cannot be doubt j ed and according to that meaning vtr hen [ dcrson had uot but mr hoke had the right to he office of clerk at the time the judge re fused to admit ihe latter the ground oi lhe de \ cision of lhe superior court as staled in the \ record recurs betbre this court and must now | unavoidably be examined the act transfers the office of clerk from one , \ of these parlies tothe other without any de ; fault of the former or any judicial seqieuee of | removal the question is whether this legisla tive intention as ascertained is valid andel-i | cacious as b^ing within the powers of the legis i lature in the constitutions of the co y or is null as being con rary to and inconsisi.nl wuh : the provi«iut'.9 of those instrumeuts to the •