THE BEDFORD GAZETTE.
Bedford, Jan. Js.Y.s.
G. W. Bowman, Editor and Proprietor-
QIAUTEREY MEETINGS.
Meetings in the M. E. Church
ol Bedford, and the Mount Smith Church about
three miles noith of Bedford, will commence on
next Saturday. Rev. Jolltl A. ( oilidS, the
Presiding Elder, is expected to preach at Mount
Smith on Saturday evening and Sunday morn
ing, and in Bedford on Sunday evening. The
public ace cordially invited to attend. All who
love sound doctrine as well as eloquent preach
ing can have their desires fully gratified bv sit
ting under the sound of the voice ol John A.
Collins, and we have no doubt the people will
turn out in great numbers to bear him, as usual.
BV reference to our advertising columns
it will be seen that Messrs. A. B. CRAMER <N
Co. have removed their Store to "Exchange
Building," where they have fitted up one of
the finest Store-rooms in the place, and to which
they invite a call from their friends and custom
ers. Cramer is emphatically a business, as well
as a very clever and accommodating man, and,
consequently, he enjoys the confidence ol the
people in an eminent degree.
tTP* Notwithstanding the denunciations ol
Gov. BIGLER, especially in this quarter, for his
refusal to sign the Log: r Beer Bill, we are
glad to perceive that Mr. JORDAN had-t-he
independence to sustain the Governor's VEIO,
as will be seen by another article in to-day's pa
per. If the Governor was in error Mr. Jordan
is equally so—and it now remains to be seen
whether his friends will censure him as they
did the Governor!
[t7*We invite attention to an Opinion deli
vered by JOHN A.BLODGKT, Esq. which will be
lound in another column. It embraces much
useful information, and is written in a style that
will command .the approval of every intelligent
reader. Mr. B. possesses a vigorous mind, and
ranks with the ablest ot Lawyers. He woutd
make a prompt Judge.
GOV. ROLLOUTS INAIGIRAL.
[We publish to-day the Inaugural ol
His Excellency, JAMES POLLOCK, Governor ot
Pennsylvania, together with a beautilul and ap
propriate prayer offered up on the occasion by
the talented and gifted COOKMAN, of the M. E.
Church, to which we invite the attent ion olour
readers. Thev will be found on the fiist page.
As we are neither disposed to praise or cen
sure the Executive in advance of his official acts,
we leave the public to make their own coin
wients, and to compare his subsequent conduct
with the avowal made ontheday of his induc
tion into office. Mere Professions in these lat
ter davs amount to but little, whether of a poli
tical or religious character. The only true
way to judge a man now is by his J3CTS, and
by this standard we will he governed in our
criticisms upon the present Chief Magistrate:
always, we trust, employing respectful and be
coming language when dissenting from his
views.
It is a lamentable fact that a majority of the
office-seeking Politicians , of all parties, seem to
consider it a> virtue to siander and traduce all
who stand opposed to them; and men who would
not condescend to do an unworthy act in the
business relations of life, on any account, vio
late the most solemn political pledges without
the slightest hesitation—a state of afliiirs which
is fast tendingto destroy a!! confidence between
man and his fellow man. This is to be regret
ted, deeply regretted, and it is high time that a
vigorous effort were made to stay this pestilen
tial political epidemic.
The enthusiastic Democrat of to-day, who has
heen fed and fattened bv his political associates,
becomes the bitter enemy to all his former pro
fessions to-morrow, merely on account of some
disappointment in obtaining cilice: and so with
the clamorous disappointed Whig and know-
Nothing, w ho finds that ail his Patriotism unit
love of Country are narrowed down to a love of
self, growing out of an inordinate thirst for of
fice 1 Under such circumstances it is no won
der that good men are disinclined to take part in
the political treachery which Iras found its
way into party organizations.
If Gov. Pollock "takes the Constitution for
his guide," and metes out "equal and exact jus
tice to JILL," we will esteem it a pleasure to
commend his administration—and we most sin
cerely wish he may he able to redeem the sacred
Pledge with which he closes his Inaugural.
The following paragraph, which we quote
from an able aaticle in a late number of the
Harrisburg I'nion, contains sentiments worthy
the endorsement of every Democratic paper in
Pennsylvania :
"Mr. Pollock is now Governor of this fnmmon
monwealth. Although politically opposed to us, we
shall show him fair play. To misrepresent his
official acts for the mere sake of obtaining a political
triumph, or to abuse the public mind in order to ren
tier turn arid his administration unpopular is a mean
ness which we are above. We know a certain
editor in ibis place who pursued this rotir-e with
Gov. Bigler, hut he afloriis a bad political ex
ample. Gov. Pollock has more to fear from the ful
some adulation, of crawling sycophant-, than the
bold and manly course of political opponents."
Zuigioa't.'rs&t
In the Senate, on Friday last, Mr. Killinger, of La
hanon, offered a resolution instructing the Committee
on Militia to inquire into the expediency of reporting
a bill disbanding ail volunteer companies in the Stale,
and ioibiihling the formation ol new ones, of which
two-thirds of the members and officers are not Amrri
rat* ham citiseu*. The resolution gave rise to an in
teresting debate, but finally passed by a vote of 17
To 13, as follows :
YKIS —Mes-rs. Crabb, Ferguson. Flenniker., Fra
zer, Frick, llaldeman, Hendricks, Jordan, Killinger,
Lewis, Mellinger, Price, Quiggle, Sellers, Shuman,
Skinner and 'l'aggart—l7.
NAYS —Messrs. Browne, Buckab-w, Cres-well,
Darsie, Goodw in. Hamim, Hoge, Mc'Clintock, Piatt,
Sager, Walton, Wherry and Hiester, Fpealrr —l3.
Ir.t.ixois LEoisi.ATrKK.—The Illinois Senate have
passed resolutions instructing the members ol Con
gress from that State against a change in the natural
ization laws—yeas 18, nays <5. Col. Morrison ad
dressed the Senate for an hour and twenty minutes,
in favor of the resolutions.
An Apprentice, to learn the Printing,
Will he taken at the office ol the Bedford Ga
ze! L on favorable terms.
[i/*We are called upon to record, with a
sorrow which our entire community seems to
have partaken of, the death of Mrs. MARGARET
JAMISON, consort of Mr. Lawrence Jamison, ol
this Borough, who suddenly departed this life
on last Sabbath afternoon. A few days previ
ously she had been out visiting some friends in
her usual health !—and hence her sudden de
cease has fallen heavily not only upon those
near and dear to her, hut upon all who knew
her. She was an amiable, lovely woman: an af
fectionate wife, a fond mother, a benevolent
neighbor, and an ornament to society. If deep
sympathy could remove the distress of the af
flicted husband and children, they have many
tears mingling with theirs in token ol heart—l l
sorrow in view o! this melancholy bereave
ment. We trust some other pen will write an
obituary suitable to the occasion.
'Flic 23i5>2c!
It is becoming fashionable at the present day
for persons making no pretensions to piety,
much less Christianity, to form themselves into
Christian Associations —whilst others whose
every day walk and conversation repudiate the
teachings of Holy Writ make the Bible a cloak
to cover iniquity of the deepest dye! 'hat
men should pretend to make the Bible their
"Text-Book " who can daily and deliberately
utter the most profane oaths, even in ordi
nary conversation—who are seldom if ever seen
in the house of God—who violate the Sabbath
with perfect impunity—who scoff' at every
form of religious worship—who riot in intem
perance and the debaucheries which necessari
ly follow this deplorable vice—we repeat, that
such men should proclaim tiie Bible as their
text-book is a species of blasphemy too horrible
for contemplation—and yet it is a fact which
cannot be successfully denied that just such per
sons as we have described are to be found in
every community in the land heading associa
tions professedly for the sole purpose of protect
ing and promulgating the doctrines of the Bible
—and thousands of honest and good men seem
to be following their lead without stopping to
consider the awful consequences they are trea
suring up to crush their dearest hopes in a dy
ing hour! Let men go to Christ's Church to
learn of the Bible—of Holiness—of Heaven—
and eschew all political organizations wearing
! the livery of Heaven to serve the Devil in !
The Philadelphia News, in trilling with this
; sacred subject, savs, "the doctrine that the Bi
' bit' ought to be recognized as the text-book ol
the American Statesman does not seem to he re
lished by Loco Focoism." Now, were we to
judge of our opponents' love of the Bible by the
gross recklessness of the editorial columns of the
.Veii\s, we might weli exclaim that the doctrines
of the Bible had little to do with their medita
tions—but we would blush to make so uncha
ritable a declaration. No man, let liiin be De
mocrat, Whig, Know-Nothing, Antimason, or
even a member of a Christian association, "re
lishes the doctrines of the Bible" unless the ho
ly Spirit has passed upon his heart and renewed
his nature, and this will manifest itself in the
fife of every man who has thus passed from
death unto life.' All others who profess to love
the Bible, are, in the language of Scripture,
"Hypocrites ," let them belong to whatever par
ty or church they may. Oh ! let not the Bible
become a hebbv tor politicians to trifle with
and iet none claim to be its friend whose dothj
deportment denies its teachings.
IXOJKL TE;BV;:4!
KF*Tlie Philadelphia -Vms of Monday last
copies a paragraph from an "exchange" in
which a belief is expressed that the present Le
gislature will elect Gen. Cameron to the Senate
of the United States: in reply to which Mr.
Fianigen delivers himself of the follow ing signi
ficant Threat, which members would do well
to observe:
"WE would like to see. the present Legist'fi
lature make the JtTTE.MFI to justify any
such action."
This looks as if something terrible w as brew
ing in the ranks of our opponents, not on the
subject of "Americans ruling America," but on
the special subject of who shall rule the 1.. S.
Senator Question! It is very evident that all
the aspirants fear the General.
Q[/"* The Penna. Senate could not proceed
to business on Saturday last for w ant ot a quo
rum—neither was the House in session !
QyThe Know-Nothings of New Hampshire
have nominated Rev. John Moore, a I niversal
it Clergyman, as their candidate for Governor!
State Temperance Convection
A corrc spendetif of the Daily A'rtrs, writing from
Ilarrishurg under date of January 10, 18-55, thus ridi
cules the action of the State Temperance Convention
then in session. Dow <!o these sentiments accord
with the Temperance professions made by that Jour
nal prior to the election ?
The State Temperance Convention which has been
in session during the present week, in the Gentian
Reformed Church, adjourned su/r ilir, yesterday.—
There wa- not much of interest in the proceedings.
Mr. Wtlliam-ori, of Huntingdon, made one or two
amusing speeches, and with this exception the rest
was dull and common place. A series of resolutions
was adopted, calling on the Legislature to pass a
prohibitory liquor law m defiance of the decisive
negative given by the people. Some id' the orators
urged that the Irish, Germans and Catholics general
ly voted against prohibition, and tor thi- reason they
appealed to the Legislature to give them a prohlbi
toiy liquor law !
President has sent in a message to Con
gress, accompanied by a letter from Ihe Secretary of
War, in relation to the Indian hostilities. It repre
sents that vigorous measures and more men w ill be
required at once to protect the overland emigrant- to
California arid settlers along the route. The presi
dent proposes to call out a volunteer force of 3,0110
mounted men. The message. Hec. was relerred to
the Committee on Military Affairs, who will doubt
less report a bill without delay in accordance with
the w isties of the Executive.
HARD TO CHOOSE.—A doctor and a military
officer became enanoied of the same lady. A
friend inquired of her which of the suitors she
intended to favor, tier reply was, that it was
difficult for her to determine, as they were both
suth killing creatures!
APPOIXTMEKTS.
Gov. Pollock has made the following appoint- |
mentK: Amtw G. Ciiiitin, of Bellel'onte, Secreta
ry ol the (,'oinmor.wealth ; Trios. E. Fhanki.in, of
Lancaster. Attorney General i John M. Sullivan, of
Hurler, Deputy Secretary ot the Commonwealth ;
Husky C. Hickok, of Levvisburg, Deputy Superinten
dent of Common Schools.
Mr. Curtin i- the grandson of Andrew Gregg, long
time a member of each branch of our National Con
gress, and Secretary of the Commonwealth under
Gov. Heister. Mr. Franklin is a sound lawyer, who
held the same office under Gov. Johnston, and
whose appointment satisfies the conllicting elements
in Lancaster. Mr. Sullivan was a long time Clerk
of the Senate, and is a very worthy, competent
man. Mr. Hickok, is editor ot The Lnoihurg Croat- j
dr. arid until the last campaign, acted w;h the De- '
mocratic party. He is a brother of Dr. Hickok, ot |
this place. *
| Correspondent re of the Daily .\riry.]
DDLVLS AT THE CAPITOL.
11akkisbi;bg, January 39th, 1833.
Dear IVevs : —The Inauguiation ceremonies have ,
I ended, and the immense crowd ol military and eit- j
! izeiis which, for the la-t week, thronged our streets, '
; having quietly gone home, the representatives ol the |
| people will now he prepared to eoinrnence vigorously •
i The walk of legislation. The Executive and Secre
tary are greatly annoyed by applicants lot office, and i
| notwithstanding the Irequentlyreiterated boast ol all
successful politicians, that they are actuated by mo- j
tives of purest patriotism alone, there is evidently as j
! much greed among the friends ol this administration i
las ever characterized either of the old parties. lor I
the seveiul Inspectorships and other offices lor your j
city alone, there are -aid to he not les- ll.ali five '
i hundred applicants, w ho are either liete in person, or ;
are represented by industiious friends.
JScttS towß'{-Case Slak'd
"A and B are owners each of a lot of ground, on
I the opposite sides o! Juluinna Street, in the Borough j
of Bedford, The deeds to each describe the lots as j
hounded by said -treat. B sinks a shaft on his own j
; lot, for the purpose of mining coal, lying beneath
■ the surface,and extends a drilt into the soil, beneath
; the surface of the stieef, across the street, and mines
anil carries away ail the coal under the street. A
brings an action ot "Tres-pass Quart clnsnm fregit" j
to recover damages tor the tresspass. B denies that
A has anv right to recover."
Qi r.snov—To whom belongs the fee occupied by
' the street I
Attornies for I'lli'.—Barclay, Eyan, Tate and Shan
; non.
For Deft Bannan, Fletcher, Spang and Boyd.
The opinion of the Court wu- delivered by
BLODGET JOHN A. Ji.'STICK.—In the above case ;
the deed from the grantor of A conveying the lot in
1 controversy, described tiie lot as bounded by Julian- ;
ina street. It has been repeatedly decided that where .
the deed designated the boundary ol the lot to be the
side of the street it has been invariably extended to
the centre. ]f the grantor was seized in tie and con
veyed all his interest to A, bounded by Jiilianuu
street, the giantee took a fee in the lot in question
; to the centre ol the street, subject to, ami charged
with, an easement or public tight of way over the
surlace.
lit the case of Peck vs. Smith, 1 Conn. Ivep. refer
i red to by the Counsel of the plaintiff, as well as the
Conn-el ol the defendant, it is derided by Cluet Jus
tice Reeves that "the purchaser- on each side ol the
highway have a property in the highway, and each
; own to the renlre ot the road." And again: "From .
this view of the subject, the proprietors ol lands ad
joining a highway, will he found to own the freehold
; of the highway, subject to the easement of pa-sing
i over it. Pages 100-8.
In the above cited case, the highway upon which;
: the tresspass was committed, tras nut passed by the \
. ileed of the (iiantor to the Grantee, and plaintiff in
an action (like the present.) of "Tresspass ,/nare rht
' sum frrgit," hot said highway was expressly le-erv- :
ed by the following clause, viz: "Saving anil ex- I
I ceprmg the road or highway laid nut and improved,
lunnii g Irom the old highway to the bridge over the '
| premises." The Court disregarded the exception and
' reservation, considering the reservation as a mere ,
matter o i rant ion on the pai tof the grantor to a vied all
; liability on Ins covenants in the deed. In oth Mass. :
Rep. it is held that every u-e u, which the land
| be applied, and all the profits that may he derived
j from it, the owner ran lawfully enjoy,
j Judge lngersoli, the dis-ent ir.g Judge, in the case
|of Peck vs. Smith, thus expres.es himself: "How
it might be a- to mints under ground with which the
j public has rio concern,! do not pretend to say. T!;'
; indeed, 1 n igbt say. that if The highway be but a
mere right ol pa-sage, the mines would In long to the
owner of the soil, anil for vtoiui ng his pioperty tre-s
--prtfS would lie. Page 122. The case of Peck vs.
Smith, was an action oftre-spass for erecting a build
tug on the road. The tres-pa-s in that ca-e, wa- ex
ternal, open anil notorious, and might have been aba
ted by any per.-on whose right of wav was impeded.
That case was different from the present m many ol
i its features. And upon a careful examination ol that
case, the conclusion will he iri e-:stab|e, that if it had
been similar to the pre-ent case, there would have
been no division in the Court, and the judgment
would have been unanimously for the plaintiff.
if the public have only the right of way, or passing,
and the adjoining proprietor has the freehold, the con
| sequence is that he is, in legai consideration, in pos-
I se-sion of the freehold. The laying out of the high
i way, and the passing on by the public, do not disseize
iord is possess the owner. He continues the same pos
| session subject,to the easement; and i- entitled to
every right to which he was before entiled—except
ing that The bublic have the right of passage. 1
j Conn. Rep. 131.
| And again—the right of way does i.ot interfere with
the freehold of the owner—all the pintit- belong to
I the owner ol the -oil. So do all the mines under it,
; which may he very valuable. Same Ca-e—l43. A
right ot way is only an easement and passes no uiter
; est in the laud. Yelv. Rep. 1.39.
if, then, the right of way divests the owner of no
property m the soil — and he still retains hi- right in
and to the same, anil all mines and minerals under it
' — it i s an absurdity to contend that he would have no
i remedy against a tort-feasor for breaking and enter
' llig his close. Or that an action of tresspass qua re rla
\ turn/regit lor inning and conveying away hi-coal,
: would not lie. B unquestionably, like all other citi
zens, had a right of wav —a mere ineo'poreul right
| but ttie moment he bioke and entered the close of A,
by mining beyond the centre of the road, he became
I a tresspa-ser. and the just subject of this action.
It is said that A ought to have brought a different
, form of action : arid an "action onthe ca-e" has lieeli
; suggested as the proper remedy. Not -it. Here tire
j injury it immediate and not con/r,/unite.! ; and.Therf
!iore, case would not lie. Neither could A have pro
perly brought an fjectment, for The tie-. pass of the
| defendant did not work such a disseisin or ouster of
Aas to throw him out of possession. And the ih-a
bility of A to bring an ejectment, his being in posses
ision ol the S'lorns in (/no ," is the very rca-ou that
justifies the present form of action,
i ' A is in possession of his lot extending by eonstrnc
' tiou, to the middle of the street, entitling him to
| delve to the centre of the earth, encumbered only
with an easement or right of way over the surface.
Trouhatfs Haley ha- been referred to, and many oth-
I er authorities, to shew that whatever the interest of
; the plaintiff may he, it is in general necessary that it
: should actually he vested tn po session at the time
the wrong was done, the rule relating to constructive
posses-ion not applying to real e-tate. This rule,
however, has its exceptions The case of wild and
uncultivated land is one, and the very case in contro
versy is another. Thus "the property in a highw ay
i- iii the owner of the land over w liich it i- laid out,
who can maintain tresspassagain-t any one, who de
pa-tures til- cattle thereon, or does any orher damage
which is not necessary to the right of passage.—
2. Tr. & H. 48.
Let us inquire what possession could A have hail
■ that would have been more open and notorious than
the oecupation of hi- dwelling—cultivation of hi- lot,
and the u-e of the street before his door in common
with others? Certainly he could not build on the
street to the centre of the highway, nor could he en
close it to the centre of the street without becoming
himself a "tort-feasor," bringing down the vengeance
of the municipal and statute law upon his shoulders,
having his erections abated and himself indicted for a
nuisance. A, then, labored under a legal disability
to exercise any other act of possession over the pio
perty. and no further act of ownership is required.—
For tTie law does not require a man to do vain or im
possible things !
It i- laid down in Bfh Harris. 83. That no man
has a right to appropriate his neighbor-' land To his
ouir use, even for a temporary purpos**. When one
uses a road uhrnevei he chuse . over the luiut of an
! other, without asking and without objection, the u-e
i is adverse, and an adverse enjoyment for tu-enty-one
I wars gives an indisputable tnle to the enjoyment.
And such enjoyment without other evidence as to
how it began, is presumed to be in puisuanre ola
giant. 8. Harris. Rep. 331. A right ol way over
unenclosed woodland can be acquired by u-e fur twen
tv-one years. 8. Harris. Rep. 438. It will not,
therefore, be contended that the right to use tbe road
and liass over the unenclosed woodland, would justi
fy the sinking • shaft and undermining the toad, for
the purpose of mining coal: or that it would justify
the cutting of tiie timber. The right of way would
he but an incorporeal one, and B, the deteiuiunt ill tiie
present case, has no greater or other right, than a
mere right of way equally in cqmrnon with the pub
i lie.
The grantor to A could not bring tins action, lor
he has potted with the possession and property tn A.
| The People could not bring tresspass or any other
action, for there is no disturbance oftb- easement,
or obstruction of the right of way. The teuiedy
must be somewhere.
There are numerous ana'ogical cases ami decisions
bearing strongly upon the question before us, "A
grant bv the United SlHtes, ol land lying upon the
' Mississippi River, was held to pa-s to the giuutee a
I title to the middle of the river." "jl it is to be as
i sumed, that the United States, retains the Jet .simple
\ in the beds of rivers, who is to pre-erve tlieui fiom
| individual tre-spas-es I If ail the beds nlTmr river-,
1 supposed to he navigable, are to he regarded as ut.ap
j ptopriated territory, a door is open tor incalculable
mischiefs. Aug. on W. C. 11. The mischief and
j evil consequences, would be at lea-t equally great,
! if streets and roads were unappropriated territory
i B, if such were the case, could not only mine within 2
or three feet of the surlace of the sheet, but he could
! continue until he left nothing but as uperficial -hell,
j for not onlv the entire breadth of the -trcet but to
' the exTfemeties of |t. entire length, without suhject
i ing him-elf to ar.y action, until tie intri lered with
Ibe right ot pa-sage or way.
j All granted funds having for their boundaries, water
j courses, hear a strong analogy to the ca-e in conho
ver-y. For water-courses are plten highways as
well as inland roads. Water cour-es and uatei high
| WHYS, are nothing at last but "so murk land covered
\ trill irjter." And the law regulating the one i- e
i qually applicable to the other. Expediency, there
j fore, requires that the fee snrp/eor freehold should be
somewhere, -r, a- to admit ot an immediate remedy.
: The title to the lot in controver-) i- surely not in
j Abeyance. The law has a laudable honor .ol the bare
idea that the fee should not he in any pet-on! Here
it is not in the Grantor to A tor he ha- divested him
self of all title by his deed to A. It is certainly not
I in the peo/ile, who have only an incorporeal rig ft, a
mere light ol passing over the -nriuce. Ihe lee,
: thereloie, must be ill A; and A alone is entitled to
1 bring this suit.
The title IS in A to the renter of the street; and A
! is limited to the centre of the stieet lor the obvious
' reason that his going beyond that point would he an
infringement upon the lights o! his neighbor over the
i way. And for the -arne rea on A can only delve to
' the centre of the earth: were he to go beyond that
point he might interfere with some Autipoditf right.
Some Con-equa, Tinlong-apoo, Hoangho. or Chi: g
fn ol the Celestial Empire, in equal latitude might
have his rights infringed upon. Doubtless this was
1 tin' reason that induced the grave Lycurgiis who ln-t
1 established the rule to fix the centre ol the earth a
j the limit by which the owner of the -oil i- bound. A
reason larfioru being shallow or superficial (a- might
: be supposed) but one of great depth, ami, therHore,
entitled to great Speight. If A I- thu- limited to the
centre of the street and prevented from impinging
i the right o! B. we cannot perceive any ira-on why I:
should be entitled to a different con-truction of ttie
rule !
In Angel on water courses it is saul that the soil
of the bed ola water cour-e is equally divided be
| tween two oppo-ite riparian owners, -ay A and 15.
! Could Bsink a shall upon his own land, tunnel under
| the stream, and cany away all the coal beyond the
! thread of the stream? A grant of all the land situat
ed ea-t and north of a certain stream, was held toex
; tend to tlie middle of the bt■ cam; and no matter whe
; ther the grant i- made by a State or an individual.—
And it n alters not what the intention ot the Grantor
i was, if the land i- described a- being bounded fit a
water coins-, the Grantor will hold the thread o! the
river. A reservation ola right of way in a grant of
laud so bounded ou the bank o! a stream clue-not pre-
Jveut the fee iii the lam! from vesting in tie grantee.
,ft does not limit his riparian right-. Aug. on W• C.
12, 13. A party having mad" a ditch six feet wide
through his land, ami conveyed a part ol it, hounding
the Grantee on the ditch, it was held that the grant
j extended to the middle of the ditch; <> Conn. Rep. 171.
Chief Justice Kent in his Commentanes ?<•!!- u
the established inference in law i- that a conveyance
of land bounded on a public highway carries with it
the fee to the centre of the road. The idea ot an in
tention in a Grantor to withhold his interest to the
middle ( .l it. after having parted with all his right
; arid title to theadjotniug land is not to be pre-umed.
: 3 vol. 433.
| It is i-aul that this is a vexed question! Il it is so,
;it i- high time that it should be set at re-t. Il it is
without "apt purr,lent/ it i- in precisely the same
po-ition that alt other ca=es were in when fir-t they
were agitated. It being without precedent (il such
I is the case) furnishes an ah-olute and moral necessi
ty for e-tabli-hing a precedent row. riierefore
\ Judgment for the Plaintiff and writ of enquiry awar
! ded.
Lager Kerr Hill.
It will he remembered (hat cluriti£r sum
mer, and as a means to indue* temperance men
throughout the Commonwealth to vote against
Gov. Bigler, it ius alleged against him that he
refused to sanction the lull passed by the last
Legislature, denominated the "lager beer hill."
It was also a favorite theme with certain editors
1 in this place to belch forth their anathemas
against the Executive, and give to the world,
what the world will some day find out, a per
fect specimen >f their hypocrisy and deceit. So
miserably was this hill drawn up, so hasty was
its passage, that had it been approved by the
| executive, it would have been a statute too ri
i diculntis for serious contemplation. It is too
[ true that fanatics, w hen they undertake to re
| form, olteji overshoot the mark, and entail evils
1 on community, lar greater than those they pro
| pose to remedy ; while again, the legislator
j who. to keep up a popularity acquired by ca
| terms to the crude and undigested notions of
• demagogues, gives his sanction to an v and every
measure, it matter- til l whether it he right or
! wrong.
The Governor sent to the Senate his veto of
this bill, and it was a document which proved
the bill to he a wrongful measure, as clear as
the sun at noon-da v. The Senate, in acting
| upon t-he tit!! according to the requirements of
the Constitution, sustained the veto . y a vote of
nintle.vn to ten . The vote for the bill was as
| follows:
Yeas.—Messrs. Darsie, Fiirgn-on. Flenniken, Fra
zor, Friek, Lewis, Mellinger, Shaman, Skinner and
Taggart—lo.
Nays —Messrs. Browne. Buekalew, Cresswell,
Fry. Gooitwm, Halib-miui, Hamlin, .Tamt-nn,
Jordan, KilliiigT, M'Clintoek, i'liot, Price, Qmg
gle, Sager, Walton, Wherry and Hiester, Speaker—
; 19.
This was a very decided vote, and showed
I that the position assumed by the Governor was
I correct. But our object in calling public atten
tion to this matter, was not to show how wrong
the bill was, nor bring to remembrance the un
fair and hypocritical course pursued bv psitcdo
j temperance men in relation to the action of
| Gov. Biglf.b, but to inquire upon what prin
| cipie the ten Senators voted to sustain the bill,
notwithstanding the veto. In the case of a
{ hank, railroad, canal, or other measure, where
i the policy or impolicy of the measure is the
question, we can readily see how such a vote
; might be given ;or where all agree as to the
i policy of a measure, but disagree as to its d<—
j tails, we could see tin* same thing r but, on a
; question like the one involved in this hill, there
could not be two opinions. The manner in
I which the bill was drawn, absolutely rendered
1 it inoperative, and the benefits expected to flow
from it would have been converted into the;
worst of'evils, yet Senators ret use to wistain a
veto which was the result of an act of justice
to temperance men! This is the fruits of ca
tering to a miserable popularity, or to a dogma
right or wrong; to give the public an evidence
of temperance pi inciples.
We take it that the best course in the long!
run, is for legislators to be governed by print i- I
i pies far above those which seek to appease the
fanaticism of any s-t of men. Let them do that
which is right, and which they are always aide
to show is right, and they will never incur the
regrets which come from th perpetration ol
error. Let them cast isms to the winds, as
; worthless chaff, without a single grain of priori- j
pie in them, and instead thereof, h t them look
j only to the enactment of good and wholesome:
; laws which will promote the happiness ol the j
whole people. Such a course may not fin a
time meet with the current of popular appro! a- '
tion, tor the world, it seems, estimates m-n now I
! only according to tin-ir standard as humbugs, j
but the time will come when their honesty will
J he known, and their services appreciated.
It may do well to throw- together a heteroge
neous mass ol discordant political mateiial, ele
vated in popular by a ministration to the hum
bugs of the day, but we doubt very much if
good can come out of such a Nazareth. If all
the new iangled notions which have been
thrown to the surface of politics, are to be made
a part and parcel of Pennsylvania law, we shall
have a beautiful time of it. Vv • hope, however,
it may he done. The best way to barn Un
people sense, is to teach tlieni by experience.
We never saw thiown together in one bill, as
much nonsense as the lager beer bill contained. I
It was a l atch of inconsistencies, filter to i.e
laughed at than anything else. We say tins,;
not on account of any opposition to a reform in j
the question of selling "lager I t er," but ta - i
cause of tlm manner in win h the lull w a.- j
framed : and anv one can sthe correct; ess of
our jit mii who w til .ilhe hi h. 1 rom tie s<- .
who w ill not ivu I the bill, or, bavii.g read it.
!ri (use to tell C'",rnmii..itx tVir h- : •■.-! convic
tions, nothing can !••• ex: - $ ted. Bui the d r,
thinking men of the Slate should g t it, and sm .
how p-ditical tei.ipci ance men diddled then . j
Hnrriaburg i7/ ion.
ion;ffress.
Washington, Jan. 17.
Senate.—Mr. Seward presented the petition ;
of citizens ol Cneiila county, New Y<-rk, asking |
the mediation of our (Government in relation to j
the war with Europe. Referred to the Com
i rnittee on Foreign Relations.
Mr. Seward also presented a petition from ci- !
iiz*-ns of New York, who served in the warof j
IS I'd, for additional bounty lands: referred to j
t!:e Committee on Pensions.
Mr. Fessenden presented the memorial of a |
large number of citizens of Maine, praying foi
the repeal of tlm Fugitive Slave Law.
Mr. Dodge, of Wisconsin, presented a biiD-s- j
tablishing Rock Island, lowa, as a port of deli
■ very.
Mr. Bayard presented a bill to provide for
the extension of the (Genera! Post oii.ee build- :
. mg. l lie sum 0f5300,000 was insetted as the ;
an ount <if the appropriation, an.d it was passed.
Mr. Wade reported from the Committee on
' Claims in favor of paying James Kuhn interest
on a claim originating while he was blacksmith- j
ing among the Indians. 1 in- | rii.cipa! had been
paid. Tiie bill provided tor pavnmut ot inter
est from the time of presentation and refusal o!
the demand. Passed.
On motion of Mr. Daw son it was res lved
that Tuesday, after the present week, tie appro
priated to the c iris.ib-ratioii of th* private calen
dar m preb rence to private business.
Mr. Dawson presented a bill fr the removal
of Destructions in the Savannah river. On mo- j
tion it was placed among other like matters for
consi leiaiion on the 2 5 th iust.
ihe Cornpensatioi! Fill was then taken up. '
; The brancii under discussion relates simply to |
• the salary of s7,ho() f-r the Chi-f Justice, and |
$7,000 for the Associate Justices. The part!
relating t the pay ot members of Congress was j
• struck out yesterday.
House.—The Speaker laid before the House j
la letter from Rufus Choate resigning his office j
as one of the regents of the Smithsonian Inst it u- i
tion. He says that he does this not liom any ■
Ios of interest in its affairs, but because of the j
' j personal inconvenience it occasioned to attend i
L t to the business, and more particularly because •
of his dissent Ifotn the recent action of the board ■
respecting the management of the Institution, 1
conceiving that they have departed from the j
; I law. |
Mr. Meacham, one of the Regents, offered a ;
• ; resolution to refer the matter to a select coin-i
! rnittee of five nv-mbers, the said committee to |
' | inquire and report whether the Smithsonian in- j
' stitution lias been managed and the Funds ex
: p-ruled in accordance with the law establish.- |
; ing it, and whether any ailditional legislation is j
' required to carry out the designs of the founder, j
"! said committee to have power to send for per- j
' ' sons and papers.
Mr. English, one of the Regents oft lie Smith- !
soman Institution, moved '.hat the letter and re
"J solution be tabled; disagreed to.
' ' The resolution was then adopted by a vole of!
93 against 91.
a
From the New York Sun.
! FLOI'EMI'.NT IN NEW YORK.
' Yesterday afternoon a merchant, doing busi- .
1 ness to a huge extent, was waited upon hv a
r - young man, at his store, who handed him a let
-1 ter, and immediately F it. Not suspecting it
' contained information ot any considerable im
; portance. lie continued tilling an order which
I he had commenced w hen the letter was put
. into his hands. As soon as he got through wit I)
I his business he went into his office and opened
the letter, and found it was from hi- wife. It :
' contained the intelligence that she had that al- ;
. ternoon concluded to leave his house forever, '
- and it would be of no use (or him to attempt to
jp-arch for her, as she could not he found. The
I merchant, alanm-d at tlie contents ol ttie letter,
- and fearful that she, in a tit of insanity, had ta
- ken measures to commit suicide, hastened home.
- There he found the doors unlocked and no per
- son in. On the table in her room was anoth- I
> er note, similar to that she had sent him at the
f j store. All Ijer clothing and some valuable fam- j
• 1 ily relics, together with a small sum of money J
, ! kept in the bureau, were gone.
i The thought struck him that she had eloped, '
- and with a view of ascertaining the fact, in a
? ! state of unusual excitement, lie went into an
■ adjoining house and inquired whether (hey had
1 : noticed anything peculiar going on about his
- house that day. No person seemed to know
i anything more than that about one o'clock a
■ | carriage stopped there a few moments and then
i drove off. They did not know who was in if,
i or whether any person got out or in. He then
• I related the circumstances of his position to the
lady of the house, and she informed him, on rt
llection, that for the last
ent times, she had not iced a tairiage stop at the
door, ami a man alight and go into the hot,.-,
stopping tin-1e a short time, and then returnii,.'
to Jus carriage. He was advised to go into [|"
ot}•"■! adjoining house and make inquired tin-re.
He did so, and th.-n learned very m-ai iy the
whole fact of this singular proceeding. They
stated that the man noticed by their neighbor t">
enter Ins house had been introduced to them hv
his wiie as a Mr. W'ifliam Thornton, ot Charles
ton, S. C ,asa relative of his family, putting
up at the Howard House, and visiting different
connect .ins and acquaintances in tins city.—
The injured man immediately went to the tele
graph office, and i ad despatches forwarded to
Host on and Philadelphia, describing both par
ties, with directions to tfie police to stop them
both if so the car. He has always lived plea
santly with ins wife, and keenly (eels the wnma
she has done him. He is one of the oldest pre
vision dealers in the city, as wel! as one of the
wealthiest, and is determined to make an exam
ple ot the partips if it be pos.-ibie.
Lamentable Occurrence—Jl Student of .Medi
cine Burnt to Death and another seriously in
jured.—About 2 o'clock this morn ing, a fire
broke out in the boarding house of Mis. Ed
w aids, on the south side ot Chesuut street, alx.ie
Thirteenth. It originated in the basement and
was discovered by one ol the [arlice in thestieet
who alarmed the house. By thi- tirne the house
vvas filled with smoke, and ihe tire had made
considerable progress. Besides the servants
in the house tliere Were an old lady named
Join s, and her sou, a Frenchman named S-n
--tatme and his son, and Mr. Bowman. „M r .
■ bowman and young Mr. Jones occupied a
I room on the third floor front. The Fiencbmen
wer.- on the second floor tack ;. and the rest of
the family (except Mrs. Edwards, who is in
1 New York) were in different port; ns of the
, house. I jon the smoke reaching the room of
Bowman and Jones tin-v honied out of Led,
ami made for the 1 iver portion of the house.—
.'..-th wvut together as far the >ec.,n<i
floor, w here th. y sepeiaied, Mr. Iliwtran u.-,-j—
--ir g on down and vom.-g Join s making his way
: into the Frenchman's room. He first lost Ins
wav, and instead "I going 1o the front door, as
| he no doubt intended, kept on to the basement,
an:! from the position in which he was (.end
I i v the police, it is supposed that upon oj.vni-ir
i the cellar door going out of the kitchen, the
j flame and smoke overpowered hint. He was
: found dieadluily hurtled about the face and
j body, and unable to rise. Dr. TumLuli was
- called in, and attended to him professionally,
after which he was conveyed to the ho.-pilui.—
He died there at about eigiit o'clock this morn
ing. The deceased was f rom Hagerstown, Md.,
arid about twenty-two years old. He was a
! student of medicine at the J> fierson College,
j and was universally esteemed by his feilovv
j Students.
Ytiung Jones, who came down to the second
floor with Bowman, it-aped from the second
story window into'the yard, a distance ol about
; twenty feet, and injured one of his legs. He
i was taken to the hospital, where he now i>.—
j The Fieuchntan lowered his son, a small boy,
from the window, with the bed-clothiug, a.d
h-aj i d tint himself upon a bed, escaping unliurt:
' the servant girls made their way out into the
; yard, where the police found them, with noth
ing hut their under-clothing on them, and in
their bare feet ; Mrs. Jones, the old lady who
j had been left in charge of the house, by N!rs.
Edw artls, bad the servant girls taken into custo
dy, under a supposition that the fire was attend
ed with such circumstances of suspicion as tli—
I manded an investigation. Tlu-v were taken t >
to tin- Eighth Ward Police Station, where they
! now are. The fire did considerable damage.—
It began in the cellar, immediately over Ik
stove, as it appears, and extended thumgh
| the pailor above. How it originated is not yet
i deterinim-d, though there being fire in the sieve
vv fieii ihe family went to bed, it is by no means
; improbable it was accidental, though trie lull
( that an attempt was mace to burn the house
; some weeks since has led to suspicions that it
j was fired this morning.— Phil. .li-gm. Jan. IN
THE MARKETS.
PHILADELPHIA Dec. 23.—There is s good <!-
! mum! for Cloverseed. anil the advance noted ye-ter
<!a\ folly maintained. Sales of 300 bush-Is at $7 per
iO4 lbs. lion" wagons, anils7 "3.3 hum receiver's hand-.
'there is no neiv feature to present in the flour
j market. The export demand continues limited, am!
only 3a-100 barrets standard brands sold at $3 per
I tvarrel, and 100 barrels Raltimore City Md!s at Ss '■■■
j Small sales are rnaking lor home consumption troni
j $0 up to 10. according to quality. Rye Flour is slca
; dy af SU 30. and Coin .Meal at §1 30 per barrel.
(GRAIN Wheat continues dull at 206 per bmhfl
i for good red, and S3 IS for white—!a3f!U bush' >
' were ilispo ed of in small lots at these figures, a ''
j 1100 bushels poor Southern white at $! 90. live -
scarce and wanted at our la't (piotations. Corn -.-
I not so active—Sales of 300 bushels nevv yellow
i cents, iii store, and 5000 bushels, atloat, at the same
: price. In Oats nothing doing.
REMOVAL. — '' lt> uudcrsigtn'd resp-cf
i fuily inform their friends ami customers that
j tltey have removed their Store to Eschard-
I Building, where it will afJGiid us pleasure lo il-
I fer (Goods of everv description, at the lowest
! prices, to all who mav favor u< with a call.
A". 15. CRAMER N CO.
HALF PRIC?!-^ 1 mnants of D- Laou-s,
! and other (Goods on hand, which we are selling
at about halftheir value.
A. B. CRAMER & CO.
Jan. 26. Exchange Building
— | | ■*
f" ■ •
't" 1 ' ' '■'-7N 5
?• • ' ••• \
iw..- - '.N
If-/,- --—f.fs:
' -
jMMm &
K D:
In this Borough on the 19th inst.. of Croup,
M. daughter of Daniel J. is Fllen Shuck, S CU
| yea is, and 7 days.
"See Israel's gentle Shppherd stands
With all engaging charm-,
Hark ! how he call- the tender lambs
And lolds them in his arms."
In this Borough on the 22d inst., at-o of
' John Wii.i.iam, eldest son of A. J. & Harriet -
sonri, aged 3 years, vi months and 13 day-.
'Ti (God that lifts our comforts high
Or sinks them in the grave,
He gives and (hles-ed be his name,)
He takes but what he gave."
In West Brownsville Washington County,
the 11 lb inst. Mr. CiuusriAN S.nidkh, lorrtien)
Bedford county, in the 71st year of his age. V.
well known in Bedford county, and bcloveu •■}
who knew liitn.