a, a- t
.
VOL. 8. NO. 39.
SALEM, OREGON, TUESDAY, DECEftlBEIl 7, 1858.
WHOLE NO. 403.
f'liiiir
(it ii) fl
ii utIt fllT
3tl)e rcgon Statesman.
AI1HEL BrSII, Proprietor and Editor.
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A liberal deduction will be made to yearly, half and
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Transient advertisement most be pre-paid to in
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tiaementt relating to estates, of deceased persons, must
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tices, moat be pre-paid . unless aome responsible attor
ney raarantee payment.
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after. All jobbing must be paid for when taken from
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lished free: but all obituary or biographical notices,
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ed to marriage announcement, must be paid lor before
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eeimnBicaUons,of only personal interest.mnat be paid
for. la advance, at the same rate.
la this paper are published the laws, resolutions and
treaties of the United States, and the laws and resolu
tions of the Territory of Oregon, by authority.
A Fairy Wong.
BT MART ASS BROWS.
From the abler buhes.
From the daisies' home.
From the bending rashes.
Come, come, come!
I Am spirit-weary.
Weary of the earth ;
I would be a fairy.
Joining in yonr mirth t
From the mossy hollow.
From the lily's dome.
Follow, follow, follow.
Come, come, come !
Shall we to the river T
Shall we to the mead.
Where the dewdrops quiver.
Where the rainbows feed!
la your airy palace
I will Ughtliest trip.
From the acorn chalice
lVepest will I sip!
Bring me to the waters
By the brisk wind fann'd ;
Let me see the daughters
Of yonr happy land.
Or where the monster wallow
'Neath the white sea foam.
Follow, follow, follow.
Come, come, come !
Neath the glistening laurel,
In the moon' pale light.
Or midst the branching coral.
Where bones are white.
In earth, air or oeeaa.
Stars, or flowers, or dew ;
Any where for motion.
Any where with you.
So shall come forgetting
. Of the days pone by ;
So a never-setting
San shall mount onf sky !
Skim we like the swallow,
Wberesceer we roam ;
Follow, follow, follow.
Come, come, come !
Ar XSlHluirm, Foa. Sosae poor editor,
whose exchanges, daring lat winter, sel
dom came to baud, got off the folIoirig
lines:
I wish I were an oyster.
And never had to think.
And that the sea I fed from
Were not a sea of ink.
Shut in my shell securely.
How blest a lot 'twould be.
And those who call for " copy"
. Would nerer call on me.
Oh ! blessed clams and oysters.
Dews by the salt sea sands.
Ton hare no call for " paragraphs,
No " proof" your care demands.
Ye nappy little quahogs and shrimps,
Ye knew no rnental pains
Ye've not a score of black-ball imps
A feeding on our brains.
If I were but an oyster.
And never had to think.
How blest would be the salt, salt sea,
Far from the sea of ink.
A foolish wish after ail; for oysters are
4jreu more apt to "get into a stew" than
editors.
Mooerx IxTExnoxs. The strongest wit
aes the present age has to superiority orer
the past, is the number and quality of its
- inventions. The classic Greek, surrounded
by muse-haunted groves and monuments of
incomparable art, had not the simple con
venience of a cooking store; and the luxuri
ous Roman, lounging oa the silks of Persia,
amid marble baths and orange-scented villas,
-was compelled to barn a floating wick in an
.open censer of oil, to light and smoke his
.-splendid palaces. The spirit lamp, safety
.lamp, rotary stove, kitchen range, and ten
.' i thousand appliances that go to make op onr
.labor-earing -machine system, and in which
-Ihere are more usefulness and luxury than
In all the purple of Tyre or gold of Ophir,
,the haughty conqucrcrs of old knew nothing
: about.
. We may not have chiselled the marble
eqoal to Phidias, nor touched the can
canvass so tenderly as Ape'.ies; bat we have
moulded marble granite into far more nscfal
, -shapes for the time being, and turned onr
bfashes to protect and beautify onr houses
M the ancients nerer though f. We may
oever have developed the arts so sublimely,
v 'twt we have turned them to more universal,
practical account. The mystery of Ltrus
caa rases we unriddle in onr commonest pot
tery, and the poorest farmer in the land
Jiaa more means of domestic comfort and in
dependeoce than a Greek Philosopher or
&omaa Senator enjoyed. It is hardly pos
sible, in these days, td keep pace with useful
-autd canning invention. By artificial proc
sMses nature is mocked, and we are present
- -d with fax. timilts of almost everything in
creation. Wouderfnl are modern art and
' iareation framing iron horses for steam
spirits, anil cross-wiring the earth that man
-nay sead the lightning of heaven on Lis
-erranda. Blackwood.
19 An editor in Iowa has been fined
200 for hugging a young girl in church. j
Daily Argus.
Cheap enough. We once hogged a girl
da church, some ten years ago, and the
scrape has cost us a thousand a year erer
rer since. Chicago American.
We once hugged an old girl pretty bad
oat of church, the cash value of which in
-consequences was "right peart." Mariposa
Gaz. .
ay. He who is passionate and hasty, is
: generally honest. It is your mean, soar
jlum, dissembling hypocrite of whom you
should beware. There is no deception in a
ball-dog; it is only the cor that sneaks up
ad bites job when your back is turned.
Prohtvitoiy Mawor Lim.
Report of the Committee on the Judiciary
ltdative to the Kile of Intoxicating JJ-
qnors. State of Maine.
iConclndrd.
Ik Sexatk, February 20th, 185(1.
There are many persons whose religious
convictions upon this subject assume the
milder form of a benevolent sens cf duty.
Iiiteuiperauce, they Fay, is the source of
crime and suffering; it (ills our jails; it Gils
our alms-houses; it destroys the peaca of
families; it wastes the substance of house
holds; therefore we should enact laws to
prevent all drinking, by prohibiting all sale
for drink, in order that there may be no in
temperance. Other persons, looking at the same class
of facts and hazards, defend the prohibitory
laws on the ground of public economy aud
preventive police.
lint both these motives of benevolence
and regard for public economy, must be con
sistent with the first principles of the gov
ernment. The actual inconsistency of these
laws which go to prohibit the rights of the
multitude, for the sake of repressing the
misconduct of the few, has before been
pointed out. If it were true, indeed, that
the idea of beuevolence and economy to
wards the endangered class, could not be
practically and reasonably carried out, with
out a general prohibitory law against drink
ing if there were no other means of pre
venting the tendency to pauperism and
crime, we migut concede something to me
necessity of the case.
But the history of many well-regulated
States, aud the facts of human nature it
self, refute the idea of any such necessity.
It may be stated as a proposition of wide
general accuracy, that wherever, throughout
the world, there is the greatest amount of
regulated freedom, there is the least amount
of pauperism: where there is the greatest
number of restraints upon individual liber
ty, there is the greatest number of paupers
and criminals. Constitutional freedom, we
bare been accustomed to hold as the central
dignity, support and glory of our institu
tions and our polity. It has achieved for us
all our political success, and has secured to
the inhabitauts of Maiue an amount of geu
eral improvement and happiness, which no
people, not self-governing, could ever attain.
Add to this instrumentality, the attendant
influences of education and of christian truth,
which do their work best, in harmony with
individual aud public freedom, regulated by
just laws, and then, if pauperism and crime
grow and multiply aud spread in our ruidft,
we may well suspect ourselves to be igno
rant of the true power of onr instruments,
or heedless ami sluggish in the use of them.
If we cannot wotk this machine of govern
ment, having the three fold motive power of
liberty, intelligence and christian truth, so
as to save our people from pauperism aud
crime, without calling in the aid of statutes
which d ry natural lilxrty, and falsify the
distinctions of morality, we had better con
sign ourselves to the care of some- enlight
ened aud benevolent despot, and make an
end of our experiment.
Undoubtedly we have among us, as io ev
ery State, a class of persons peculiarly ex
posed to intemperance. It is common to
say of them, "they are poor and vicious be
cause they drink." If we would deal hon
estly with the facte, the statement should be
the other way, in multitudes of esses. They
drink because they are in abject condition;
because through mi fortune or perrerscness,
of themselves or others, they hare not been
reached by the elevating influences of edu
cation, religion and freedom; because their
low condition awakens but low desires.
Many of them resort to sensual gratification
because they bare no knowledge of intellec
tual pleasure, or of the happiness of moral
parity. They drink, because they know of
nothing better than drinking. They resort
to the drinking house, because their homes
are places of discord, ill temper aud nuhap
piness. It may be that the unexposed class of our
people they who because they can govern
themselves are able to govern the State
bare not taken bold of this matter at the
right end. We have a cherished system of
public instruction yet, there arc great num
bers of our people who. never get so much
educatiou as to be of any inilucuce in puri
fying and derating their lives; we appear
to hare a widely diffused religious system
throughout the State; there is an indefinite
plurality of churches in every considerable
town yet, there are large Dumbers who
nerer enter the churches, who are not ex
pected to enter them, who are under no di
rect influence of christian truth, from any
source, and who are wholly destitute of all
that safe-guard against a vicious life.
It may be that the gorerning classes of
the State are reposing npon the general
freedom, instead of wisely and skillfully
making that freedom a rigorous and effect
ire instrument to derate the lowest of our
people; it may be that the public provision
for education is yet too stinted and ineffi
cient; it may be that christian influences are
too much encumbered with formalities, or
distracted with sectarianism, to permit that
benevolent aud united activity which would
rescue the most abject from his low condi
tion, and thereby lift him out of its perils.
The suppression of intemperance, and the
prcrention cf intemperance, will be best ac
complished nndcr all conditions, by setting
in action those moral causes which tend to
the promotion of temperance.
The true theory of laws cn the subject of
the sale of liquors, would seem to be not,
that drinking and selling for drink are, un
der all conditions, immoral and wrong, or
that gorernment has the right to take away
all individual liberty on. the subject, but
simply that the nature of the article in ques
tion reqaires the sale to be limited aud reg-
ulated as a measure oi puouc saieiy. x ne
fact is notorious, that the unlimited sale of
alcoholic liquors leads to drunkenness, dissi
pation, vice and porerty. For hundreds of
years, tuereiore, me owib uu. iuijjuscu
checks ana nmiiauous upuu iuc iioiut us a
hazardous trade. The laws for this purpose
atand noon the same footing as the gunpow
der laws, with the important difference that
the unlawful keeping of ganpowaer exposes
the lives of the most innocent, without any
power on their part to protect themselves.
Bat the sale of liquors can do no harm, to
a rational person, unless the buyer volunta
rily commits a wrong, after the sale, by ex
cessive drinking.
Because there are " many persons in the
! community, who are required to be nndcr
disabilities, being admitted to be incapable
or entire sell government, or required by
special circumstances of public policy, to be
tor a time without the liberty which belongs
to the general mass of the citizens, the
State, for the purpose of affording statutory
protection tb these persons, and protection
to the public against their errors, has the
power to limit the number of persons, who
moy sell liquors, and to control the sales by
them made, bo as to reach the desired object
of protection aud safety.
The State has the right to forbid the sale
of liquors to soldiers iu the public service;
to jurors engaged iu the trial of causes; aud
to others in like public employment, because
they are under statutory contract with the
government, which, for the time-being, sus
pends a part of their individual freedom. It
has the right, also, to forbid the rale to mi
nors, to Indians, to paupers, to drunkards,
to prisoner in the prisons, to patients iu the
hospitals, and other like classes, because
these persons are under conceded disabilities,
and subject to the governing power iu a
wholly different relation from that of the
free, adult, well behaved, self-supporting cit
izen. To the last named class, the State has
also the right to prescribe that they shall
not drink at places established as common
resorts for drinking, and to prescribe that
6uch places may be suppressed, because ex
perience shows that they tend to excess, and
increase the exposure of the classes requir
ing protection.
The State has also the right to reqnire
that the manufacture of alcoholic liquors
shall be confined to a limited number of pet
sons; that it be carried on only at permitted
places, and under such regulation and con
trol that it shall not have a teudency to aid
the uulaaful sale.
The State having, In such manner, con
fined and restrained the action of its people
upon this subject, but forbearing to prohibit
drinking, and allowing its well-behaved citi
zens to choose for themselves whether to
drink or not, the plain and just distinction
is presented between limitation and prohi
bition between restrictive laws ou the one
band, and prohibitory laws on the other, as
applied to the natural rights of the people.
The governing power may limit or abridge
the natural right of the virtuous nan; it
cannot take it away altogether. The one
system, as applied to the driuking of atco
holie liquors, permits the self gorerning man
to drink, if he chooses, but uot ererywhere,
nor to obtain the article at all places. As
to the place where he shall procure liquors,
or the place where lie shall drink, his natu
ral right may justly be restricted and abridg
ed to that extent. The other system denies
any natural right to drink at all, and there
fore seeks to prohibit driuking, manufacture
and selling for drink altogether.
The administration of these two systems
presents widely different distinctions. The
limitation policy bciii consistent with fun
damental and natural laws, and in harmony
with the principles of the constitution, ta t
be administered by the methods and rubs of
the ordidary eual code, as laid down in the
constitution and the standing laws. The
prohibitory policy, being iu conilict with
"retained"' natural right, and therefore un
warranted by the rcasou of meu or the con
stitution of the State, requires for its en
forcement a resort to strange and doubtful
procedure, to new and arbitrary rules of ev
idence, to excessive forfeitures and penalties,
and to such a constant invention of new de
vices as the ingenuity cf despotism relics
upon to keep dowu the teudeucics of natural
sud rational freedom.
The penalties required for the enforcement
of the limitation laws are to be measured
not merely by the supposed immorality of
the different lorms of violation, but by re
gard to the primary object of the system
the public safety and they are to be en
forced also with all tbo strictness and sever
ity which that object may require, and no
more.
There is a deeper and more important dis
tinction than any which has yet been point
ed out, in the practical operation of the
two systems. It is the appeal which they
make, or do not make, respectively, to the
moral sense of the people, both with refer
ence to the promotiou of virtuous habits in
the individual man, and to the gcticral ad
vancement of tempcrauce in the community.
Under the one system, the individual be
ing left, in a proper degree, to his liberty,
remains subject to moral influence, and to
motives addressed to his reason aud moral
sense.
To deny that such influences and motives
are sufficient to keep temperate men tempe
rate, is to falsify the history of the race, and
contradict the nature of things.
Under the other system, the attempt is
t cccomplish all, Ly absolute interdiction
and prohibition, having no reference to the
moral perceptions, convictions or aspirations
ot the virtuously disposed man, and there
fore doing nothing, except by mere force, to
uphold his habit of virtue. If this were
successful, it would be fatal. Having noth
ing t3 do iu the gorernment of himself, he
would soon lose the power of gorerning
himself, r.nd thereby lose all his worth and
merit a j a man. If by change of place, or
the casual relaxation of the authorities in
enforcing prohibition, he should be brought
within the reach of temptation, he would
fall like a child, because nothing had been
done to cultivate in him the moral strength
of a man.
In strict accordance with this view of the
case, as regards individuals, has been the
course of things among us. with reference
to general influence upon the community
What was properly called the temperance
reformation, had free course in the State of
Maine, and was glorified. We had made
most effectual and fruitful trial of the power
of voluntary association, of combined sym
pathy, of the self-determined aud fraternal
pledge of abstinence. The seed that was
sown iu this way for twenty years prior to
1846, had borne a noble fruit, and was tend
ing to its own perpetual reproduction. No
commuuity in tho world stood better than
our own people in this cause. The great
middling class in Maine, being the immense
majority of our number, were actively per
vaded with sound views and purposes upon
this great social interest. Every village
had its temperance society; every depart
ment of life among us recoguized the value
of this virtue. The ignorant received a
friendly light;, the young, a cheerful encour
agement; the exposed, a helping hand.
j Whether it was a necessary coarse of
things or not, it is undeniably trne, that
since the introduction of the prohibitory
laws, this form of action and influence upon
the subject of temperance has nearly or
quite ceased to exist. Why should it uot?
The prohibitory laws discard the power of
moral iufiuenee why then cease to exert it,
or to appeal to the moral sense? If the
best work which the "friends of temperance"
can do, is to work the machinery of a pro
hibitory law, to compel men to be absti
ncnts, why attempt to aid their virtue, or
awaken virtuous impulse, by exhortation,
argumeut and appeal? Actually, therefore,
the former methods of proceeding in this
cause, are displaced, while the admitted
want of thorough efficiency io the prohibi
tory system, together vtith the hostile feel
ing which those laws have aroused, is rap
idly bringing us to a condition ot more ex
posure and danger thau we were ever in be-
tore, multitudes or men or ondeuiauie rir-
tue refuse to co-operate with the new sys
tem of compulsion; the young are uot at
tracted by anything suited to their natures,
and the exposed classes are constantly in
flamed and exasperated by the exactions and
indignities that the law seeks to fasten upon
them. We have come very nearly to the
poiut and the fact, of haring no general and
combined influence against intemperance
among us, except the terrors of a severe
criminal law, aud that sustained, chiefly, by
the dangerous cupidity of mere political
partizanship.
It is commonly said by the advocates of
the prohibitory laws, that the liceuse laws
were a failure.
If the fact were so, the reason is pJalo.
Paring the last several years, befsre the
&ual repeal of those laws by the new policy,
th most ardent opposers of drinking in this
State, were gradually adopting the doctrine
that liquor drinking was an immorality in
itself; ad that therefore the licenst laws,
which permitted tho 6ale for drink, were
morally wrong, and that magistrates ought
not, as conscieutious men, to grant licenses.
This idea prevailed extensively. It led to
an entire refusal to license, in mauy cities
and towns, so that, for a series of years,
throughout a large proportion of the State,
it was quite impossible to buy liquors, law
fully, for any purposes wnatsoever.
It was uot therefore a failure of the li
cense laws, but their willful transformation
into prohibitory laws, of the most sweeping
tenor. This was against the judgment of a
large part of the community, and in conflict
with the necessities of all. A whollj unli
censed sale, therefore, sprung up, in luany
quarters, and led to excesses. The persons
who had caused this condition of things, of
course found themselves wholly powerless to
enforce a law which they bad nullified aud
denounced as wicked, and thereupon availed
themselves of the abuses and excesses which
grew out of their own action, as a pretext
for demaudiug a law to prohibit the sale for
Tk r b-oII Tra mo. I i;nu liis '
- . - .2 . I
should be: Does it, when administered hon
estly and carefully, according to iu own in
tent, accomplish to a reasonable degree, toe
object of public safety, for which it was
made?
Other objects, which lie before and around
and beyond, such as the reformation of the
intemperate, the prevention of injurious ap
petite not yet rormcii, tue conarmation oi
virtuous habits uot yet impaired, the pro
motion of temperance gcuerally these are
to be effected by influences ouUido of the
civil law.
To inouire whether the recent and exist
ing prohibitory laws in this State have been
successful, might lead only to a conilict oi
interested judgments, home Hide, howev
er, are obvious to all. The prohibitory law
consists of two parts thai wnn is declar
atory, showing what may and what may not
be done, and that which embraces the modes
and penalties for enforcing it. The methods
and apparatus of the law, are, of course, as
essential as what is called its principle, be-
. t 1 : l 4-
cause it macninery caunov ue ucvidl-u iu
work out the principle, steadily and success
fully the principle has no practical ralue.
Within four years, from 1851 to 1855, we
had three several statutes of this kiud, each
one professing, as to the part of principal
importance, to be complete in useu, ana
each successive one repealing its predeces
sor. What is called the priuaiple remained
substantially tho same in all of them, but
the apparatus was regularly euangea in ma
terial parts. Tbe law of 1851 lasted one
vear and eleven months. The law of 1853
' . ... . i rri.
remained in lorce lor an equai penou. ms
law of 1835 had not stood npon the statute
book sixty days, when the Supreme Court
hod occasion to point out a defect in its pro
visions, which its friends may perhaps claim
was a mere oversight, but which very mate
rially weakened its efficiency.
These rupid chauges have usually been
accounted for by the friends of the system,
on the ground of their intention to make
the law continnously more and more strin
gent. It is known, however, from tho re
cords of the courts, and of tho legislature,
aud from imspection of the successivo trans
formations, that eacu ono was, in lact, in
tended to supdIv a defect, or remove an ex
crescence in its predecessor. The work was
successivelv ill done, add has not yet been
well done. The mere practicability of the
whola thine, therefore, remains a problem.
nnlcsa we dctermiue, as we should in ordi-
nnrv PAfiPK. that, where three statutes of
this magnitude have been required in four
vears. unou ono subject, and the last one so
largely inoperative, there is an inherent
weakness and impracticability in the whole
thnr nroposcd.
As no statute of this kind was ever be
fore euacted in tho annals of time, it may
be that the projectors of these measures
hare not yet gone deep enougu to bud
sound principle to stand upon or, it may
be, that these rapid mutations and alteriugs
of the plan are an involuntary confession
and demonstration that the system is in di
rect conflict with some first principles of le-
cal and moral truth.
That a large body of our citizens hare
been committed in lavor ot tneso measures
is evident: many have taken this position
with honest and well-meant purposes; it is
notorious, also, that a political party, bar
ing tbe ordinary stakes of partizanship at
risk, has assumed the champiouship of these
laws. We are plainly, therefore, in tho
midst of a struggle, which may be exceed
in-rtv unfavorable to the investigation of
trne principles, and for a time most hazard
ous to the cause of temperance among us,
but which mnst result, sooner or later, in
the general acquiescence upon that which is
sonnd and trne. There are many men, who
prefer to reach a demonstration by experi
ment, rather than by reason. If the pro
hibitory laws have not yet shown to their
partizau supporters that the system is im
practicable as well as unwarrantable, the
people of the State will hare to endure fur
ther conflicts upon this issue. If, by possi
bility, the persons who have adopted the
prohibitorr law as an article of the partizen
creed of au ordiuary political party, could
be induced to waire that dangerous preten
sion, and allow the question to stand as an
open question before the people, we might
sooner and more easily reach a true solution
of the case, resting upon admitted princi
ples, and satisfactory to all honest men.
liut this may be too much to exiiect, and
the case may have to be woiked out iu the
fartrof ttafs irrcat disadvantage. It mav in
deed lead to au ultimate advantage aud beu
efit, for, the sharper the conflict, the more
clear may be the results of the trial. As in
a thousand cases before, between the princi
ples of popular right aud the principles of
arbitrary power, the violeuce of the struggle
may briug a deeper aud firmer setllemeut
upou the questions of natural right, of con
stitutional limitation, of the moral power of
self-government, aud of the exleut of popu
lar privilege iu a free State.
In accordance with the views entertained
by a majority of tho committee on the gen
eral subject referred to them, they Lave
agreed to report a bill, under the title of
An act to restrain and regulate the sale of
iutoxicating liquors aud to prohibit and sup
press driuking houses and tippliug-shops,"
which is herewith submitted.
In behalf of the committee,
1. BAUXKS, Chairman.
Tcalatim Plains, Washington Co.,
Nov. 20, 1858. J
Mr. Bcsh SicVuess in my family, severe
and protracted, and which has resulted in
the loss of one of my children, will, I trust,
be a sufficient apology for rot writing to
you sooner. Un tbe 201 Ii or August, our
company of twenty-seven men started from
Kugene City, to explore aud prospect a por
tiou of the country east of the Cascade
mountains. Our road lay up the middle
fork of tbe Willamette, crossing it about
twenty-one times. It then leares the river
aud ascends the mountains, eucouutericg
but one hill of any difficulty, in all the dis
tance from the settlements to the summit.
There is some beautiful country about thirty
miles above tbe settlements. It is abont
twenty firo miles from the settlements to
the summit of the mountains. We had no
instruments with us, by which we could take
the altitude of the pass, but there was plen
ty of snow there when we passed over it,
the 21 ih of August. We stayed all night
oa the summit, and suffered iu couscauence
I of the cold. The descent on the east is
. r.-i :t r
cnri. it mwui iuunctu uiun uuu me
suiumit to the Des Chutes, and the road is
good all the way. The source of tbe Des
Chutes is in a large, beautiful lake, which
lira euibocomed in the mountains, a few
miles south of the road. Auothcr similar
lake north of the road, is the source of an
other branch, which unites with the branch
first mentioned, and forms the main river.
We traveled down the rirer about seventy-
five miles, a cousiderable part of this dis
tance, (say oue third) through a3 beautiful,
and rich a country as I ever saw. The soil
is richer about tbe forks of the Des Chutes,
cast of the three sisters, than any I bare seeu
in the Willamette alley. e camped on
the East Des Chutes, Angsst 29th. 1 was
much disappointed when 1 saw this stream.
Instead of a bold, twist running stream, it
quite sluggish, aud is considerably im
pregnated with a'.kali. Its banks are gene
rally corcrod with small willows. It may
n truth be said of it, tliat iroia its moulu, to
uear its source, at uows itirougn a cauon.
The bluffs are high and precipitous, and it
is generally a troublesome and difficult job,
either to get to, or away from the rirer when
you desire it. The couutry on the west side
of the stream, and between it and tbe main
rirer is a large dry plain, corcred with w ild
sago and Juniper trees. I saw sage elcren
or twelre leet uign, and as large near tue
ground as a man's body. On the Last and
North of this river, the plain is very gene
rally covered with the finest quality of bunch
grass. This is an excellcut grazing district.
As wo ascended tlie river, tue country oc
eanic mountainous, and by this time we were
making our way throHgh a bed of very bro
ken, rugged mountains, luese extend some
thirty-five or forty miles. After leaving
the mouutains we again encountered suge
plains, and having made one day's travel,
the majority of the coinpuoy got discour
aged, and voted to return home. Ou our
return, we struck the Des Chutes at the
mouth of the Taih, about a X. W. course
from tho place where we turned back, aud
distant from it about one hundred aud forty
or fifty miles.
Iu tho mountains on tne jjcs uuutes,
there are many iudicaiious of gold. li e
found some here at tiro or three different
points, lint wnctner it exists in sunicieni
quantities to justuy any one to go inert io
dig for it, I cauuot tell. The country is a
hard ono to prospect. Ine oed rocK lies
docp, and we did uot reach it, at any place
where we dug. lut H is but just to state
that there waa uo digging doue, except in
three or four places. Tho bearers hare
built so many dams, that we could uot dig
near the creeks, in fact tuis wuoie country
seems to bo the paradise of cayotas, beav
ers aud rattle snakes.
Now, what are we to think when such
meu as Mr. Ilerrcu, of Marion county, Mr.
James McNairy, of Clackamas county, and
others, equally as good meu as iuey, cei-
taioly did Bud gold tuere iu mo year isi
For one, I must say that I do uot doubt
thpir wnrd. I fullr believe that they did
find, either gold, or something else which
they believe to be gold. And yet we weut
to the place described to us by Mr. Herreo.
But he told us the water was ranuiug south;
we found it runuing north. In every other
particular wo found crery thing as he de
scribed it to us.
My opinion is, that Mr. Herreu is him
self mistaken, as to the locality of the place
where he found gold. Mr. McNairy, as I
am informed, says that the place where he
saw gold is beyond the waters of the Des
Chutes, and, indeed, several others hare
told me the same thing.
From all the premises before me, I am
myself fully persuaded that there is plenty
of gold somewhere in that country, and if I
can raise a company of ten or twelve men
next summer, to go with me, I will go
again. I would like to start about the 1st
of June, aud take provisions for ten or
twelve weeks. I have written this while
Betting up at night, watching my sick chil
dren, and huve not time to transcribe it;
therefore I will thank you to correct any
error you m-.iy see iu it.
II. II. IIENDRIX.
A SHsrt Patent Vera
BT DOW, 1.
My text for to day is contained in these
words:
"Mysterious elnmnnt, oh, water! tlion
Art part and parcel of mvself, and all
That appertains to earth."
Mr Hearers: For the last two
minutes I hare been away from mrsdf, on
an important mission. I hare been npon an
interesting wild goose chase after a fugitive
idea. Perhaps some of you hare, more thau
once, tried to coax home a truant thought or
idea hare had it just pop its head into your
memory, and then be off for good. It's
very aggravating not that the thing is of
much consequence in itself, but because you
have made up your mind to its capture.
Let it go; I can proceed without it, or any
relations. Words ten thousand thanks to
their iuvenior I can still command by pla
toons, companies, reginieuts, brigades and
divisions.
My carnaqneous brethren: Water is a
singular element. Like the air, it 13 in real
ity both invisible and intangible, and yet pos
sessed of most marvelous power. Like the
air, you think you see it, but you do not;
you imagine you feel it, but you don't, only
oy its iorce or pressure, it is periectiy
transparent, and therefore, you can see
through its mystery just as well as I can-
luis neat little earth which we hare the
honor end happiness of peopling, is terra
queous composed of land and water and
we two legged mortals, are the biped terra
piaa that crawl npon its surface. About
three-fourths of it is nothing but water: the
other fourth matter what kind of matter it
matters not. Now, my friends, there is a
great mystery about water, as you raar per
ceive when you happen to get two much of
t mixed witu your punch. Where there 15
so much water and so little land, voa would
naturally suppose that a very poshy mess
would be the result; but suck wouldn't be
the case. Your own bodies are also three-
quarters water and yet they are considerably
urmer ttiau new made mush. Herein lies
the great mystery of the tultile fluid.
As water, my brctLren, is the principle
ingredient in tie human system, we ere led
to inquire as to what constitutes the minor
portion. That depends altogether upon cir
cumstances. An Englishman is principally mntton and
water.
The Irishman is made np of potatoes, po
theen and water.
The Scotchman consists cf oatmeal and
water.
The Frenchman is egg omglette, frog and
water.
The Spanish and Portuguese are olive oil,
vinegar and water.
Tbe Dutchman is head cheese, sour krout
and water.
The Down Easters all pork and beans
and eider.
The Greenlander is w hale blubber, seal
fat and water.
The drunkard is whiskey and water.
All the charming sisterhood especially
the young portion are sugar and water.
And, lastly, tbe whole of fopdom is no
thing but soft-sawder, milk aod water.
So you see, my living sponges, that how
ever much your components parts may vary,
the water pure water is thar, and always
prevails. Newborn babe?, however, don't
become aqneons until they have been long
enough iu the world to absorb some of its
moisture; and that is the reason why their
earliest infant squalls are unaccompanied by
tears. Tery old people also become Tery
dry nuts for the Death to crack.
My friends, I believe in baptism by both
immersion and spriukling. A good all-over
wash carries off an equal amount'of discom
fort, dirt and siu. It lsareligousduty to look
after the welfare of the bodv to keep it
well saturated, and thereby make it a com
fortable residence for the amphibious soul.
A vast amount of water is daily evaporating
from your perishable bodies; and if you don t
see that tliey bare fresh and frequent sup
plies, to -keep up the proportion (three to
one. you will repent in dirt and ashes be
fore the dry season is over. O, ye of little
hydrostatic faith! how often must you be re
minded that, for the salvation of your corpo
real systems, a great deal more water is re
quired than hog and hominy.
Water, my brethren, has its antipathies
It disdains to associate with oil; yet when
they meet no fuss is raised, but a cold and
solemn silence is maintained. But water
and fire are sworn euemies. When they
clash together, what a terrific struggle en
sues! Sometimes fire gains the mastery,
and then water has to mizzle evaporate
and leave not even a mist behind, llien
asrain water comes off triuniphaut and
where is the fire? Emphatically "extra
guished." But I tell you, my friends, what
I am ready to do. I am willing to stake a
year's salary against- a wind-broken mule
that, let the fire companies of San Francisco
proceed to Tophet with their machines, and
that fire which has been burning from the
beginning of eternity would be got under in
an amazing short space of time'. . Let ns
pray that they may go.there, sooner or laterl
And then let us siug pea'nsiu praise of water.
Water, .brethren, sprinkling from the
fountain, is the emblem of 'Purity, when it
comes in the form of rain, it is emblematical
of Justice; and when descending as dew, it
is the prettiest picture cf Gentleness to be
fvuud iu the gilt-edged rolume of Nature.
But as a general cleauser, there is nothing
equalto.it iu tho world. The man who
takes a bath every day, and imbibes an
abundance of pure water, must be both phys
ically and morally cleansed iu epite"bf him
self. I don't see" how it is possible for him
to remain long either foul-skinned, foul
mouthed, or foal-hearted. The world once
became so foul as to offend in the nostrils of
Heaven, and nothing but a ccld bath saTed
it from a mortal gangrene. I sometimes now
think that another uuiversal ablution will be
necessary to its final salvation. God speed
the water companies 1
Speaking of the great freshet, my friends,
reminds me that that was tbe first rain
that erer fell upon the earth. It must have
been so, for if it had ever rained before a
rainbow wonld have been seen at some time
or other. The philosophy of the thing is
this: that when the earth was made, it con
tened all tbe water in itself the heavens
were as dry ns a baker's oven. Well, of
course evaporation naturally took place; but
it required some hnndreds of year?, by this
slow process, to fill the celestial ocean to
overflowing. Now, something happened to
give way during the filling -ap of the cloud
ocean above; and, consequently, when it did
rain, it came down Kersieathl and mightily
astonishing to everybody who happened t
be a little too late for the Ark now mind,
I tellyoul
But 1. 1 us stop philosophizing, and think
upon our latter ends; so that when the final
cata!ysi3 takes place, and three quarters of
our mortal bodies shall have evaporated to
heaveu, we may hope that the immortal
spirit has kept it company. So mote it bel
;u1upr flame irltta m Ulrt tie First Time.
We were between 1G and 17 years of age
when the ereot about to be related trans
pired, aud as a description of our personal
appearance at that time is absolutely essen
tial to the point of our story, we will give
it as concisely as the subject will allow. la
reference then to that period, to say that we
were green iu the nsual acceptance of that
term, would gire the reader but a poor idea
of the figure we displayed. Ilatber imagine
a tall, lean, cadarerous, 6warthy looking
chap, with legs like a pair of tongs, a coun
tenance about a9 expressire as a plate of
Dutch cheese, a mouth that came Tery near
making an island of all the bead above it,
a face covered with furze that looked very
much like the down on a newly hatched gos
ling, with a gait that wonld lead a beholder
to suppose that we designed to travel down
both sides of the 6treet at the same time.
aud you have a correct daguerreotype of
Jeems io tbe seventeenth year of his a?e.
One dark gloomy night 111 the month of
December, we chanced to be at a "spelling
school"' not a thousand miles from Baldswin-
ville, while our eyes fell on a "fairy form"
that immediately set our susceptible heart
iu a blaze. She was sixteen, or thereabouts.
with bright eyes, red cheeks, and cherry
lips, while the auburn ringlets clustered in
a wealth of profusion around her beautiful
head, and her person, to our ravished imagi
nation, was more perfect in form and outline
than the most faultless statue ever chiseled
by the sculptor's art. As we gazed, oar
feeliDgs, which had never aspired girlward
before, were fully aroused, and we determin
ed to go home with her that night or perish
in the attempt.
As sooa as school was dismissed, and our
"lady-lore" suitably bonneted and cloaked.
we approached to offer our serrices as con
templated, and we then learned an import-
nut lesson, viz: the difference between re
solving aoJ doicg. As we neared her, we
were seized with a partial chbdncss green,
red, tiuc aai Tettow lights flashed npoa onr
VISiUI!, UU HI I T TTI I f 1 1 - - I JJ"t.
o.-:t!.ps in a nhantasmagoria--our knees
smote, together like Belsbazzar's when he
discovered the handwriting cpon the wall.
while our heart thumped with apparently as
much force as if it were dnviug tenpensy
nails into our ribs. We, in the meantime,
taauaged to mumble over something, which
is perhaps known to the Recording Acgel,
but certamiy is not to ns, at tne same urns
poking out our elbow as nearly at right an
gles with our body, as our physical confor
mation would admit.
Tue night air blew keenly, which serrcd
in oae sort to revive us, and as our senses
relumed, what were onr emotions on finding
the cherished object of oar first lore clinging
to our arm with all the tenacity a drowuing
man is said to clutch aistraw. Talk of ely
sium, or sliding down greased rainbows, or
feeding ou German flutes, what are snch
"phcliuks" in comparison with those that
swelied oar bosom uigh unto the bursting of
our waistcoat buttons I Oar happiness was
sublime sublimity sublimely sublimated,
aud every person who has felt tbe divine
throbbing of a fledged lore principle, fully
understands the world of bliss coached iu
the fourth, fifth, sixth and ssvecth words at
the comaicccemcnt of this sentence.
Weil, we passed on pleasantly towards
our Sally's home, talking of lore and dove,
aud "dart and hart," until so courageous .
had we become, that we actually proposed
to go iu and sit awhile, to which our Dalci
nea very graciously assented. Alas for us!
how s kid we were to be reminded that "the
course of true lore nerer did run smooth."
Sally had a brother cf some ten summers
who accompanied us all along the way, and
who was in wonderful high spirits at the
idea of his sister's having a bean, and would
walk around us frequently, giggling in the
height of "his glee, cd eyeing us as closely
as if oarself and Sally were tbe world-renowned
Siamese twins, aud be was takiccj
his first look.
Bill, by the way, was a chubbed, stubble
headed boy, whose habiliments would hare
made the fortune of aDy two dealers iu mop
rags.
At length we reached the bars, and while
we were letting them down, Bill shot past
us, aud tore for the house, a3 if pursued by
a thousand bulls of Bashan. He flur-g oiea
the door with a bang, and exclaimed at the
top of his voice:
"Mother! mo.her! Jim Clark is comin'
hum withtSallI"
"Is heP screamed the old woman in re
ply; "wal, I declare! 1 didn't thu;k the sap
head knew enough P HaidwinsvUle Gaz.
iSS- There appears to be an increasing
demand for divorces in San Francisco aad
iu fact throughout the State. The fault is
with the women, to a great extent. They
passed for more than they were worth, ia
most iastaaces, when they were married
that is married above their positions, as
they were able to do, owing to the demand
for the article. The cheat ascertained, dis
satisfactiou ensues at the close cf a short
honeymoon, and divorce is the remed. An
other reasoa "suckers" are produced
alarmingly too soon after marriage, to suit
the tastes of captious and phar&saxal socie
ty. This is probably owing to the fecundity
of the climate, but orer-partical iUsoaodi
hare been known to find fauU thereat, aud
petitioi to be divorced, whicj is somsuoie
granted. These little affairs seem to have
occurred oftener this year than before, he oca
it may be argued that a winter is to occur,
prehapa.
1