,}V GEO. W. BOWIIX
SERIES.
Aqri cu 11 ti ra I Depart m cut.
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From the Pennsylvania!!.
Pennsylvania Horticultural Exhibition.
Speech of President Pierce.
II \tutisnout:, Sept. 27.
j n response to the earnest invitation of the
Pennsylvania Agricultural Society, President
Pierce left Washington on Wednesday morn
;nJ the 26th of September, and after a rapid
and agreeable trip, reached Harrisburg at 12
o'clock on the same day. The weather was
incomparably fine, and the whole excursion
was filled with pleasant incidents. Crowds of
citizens greeted the President with enthusiasm
at the various points along the route. At Bal
timore, the Hon. J. P. Kennedy, President ol
the Baltimore and Susquehanna Railroad, (Sec
retary of the Navy under the administration of
Mr. Fillmore,) Hon. Joshua Vanzant, represen
tative in the last Congress of the Baltimore Dis
trict, Hon. L. K. Bowen, R. M. Magraw, Esq.,
and Zenos Barnum, Esq., joined the President
and his party. At York they were met by the
Committee from Harrisburg, Gov. IVm. Bigler,
on the part of (tie-Agricultural Society, and
JMm 11. Briggs, Esq., President ot the Councils.
Arrived at the Capital of the State, the President
was received bv a deputation ftom the Agri
cultural Society, and a Committee of citizens,
in the midst of a gr> at mass of citizens and vis
itors.
After partaking ofa lunch at Buehler's hotel,
this head-quarters,) the President proceeded to
the exhibition grounds, escorted by the officers
and fßestsof the Agricultural Society, and by
a procession. Ihe streets were lined
spectators, among whom were many heau
fjhil ladies, and the distinguished gur-t was re
peatedly cheered along the route. Arrived at
the exhibition grounds, which were already oc
cupied by thousands ol citizens, presented a
way ami animated appeanrtice, doited as they
were with the booths ot tf)e exhibitors, decora
ted trtrts, ami the nun*U,jjW"faeoljiol agri
culture and husbandry, the -President and his
suit were received on the platform prepared foi
their reception, by the officers of the society.—
A most interesting spectacle was now present
ed. The people Irotn all parts ol the Slate, in
cluding many of the most prominent citizens ol
both parties, gathered around the Chiel Magis
trate in great numbers : the ladies, iri carriages,
and in the surrounding tents and booths: the
platform crowded with distinguished gentle
men in the various departments of the state
government ; a bright sun and a bracing breeze;
contributed to present'a scene which is not ol
tcn witnessed.
Among those on the stand with the I resident
we noticed his Excellency James Pollock, Gov
ernor of the State, and his Cabinet. Ex-Gover
nors Rigler arid Porfer, Judges Black, Lowrie,
and Knox, of the Supreme Court, Hon. Arnold
i'iuiner, Democratic candidate for Canal Com
missioner, Canal Commissioner Hopkins, Audi
tor General Banks, Surveyor General Brawiey,
including the gentlemen in the suit of the Pres
ident—Sidney Webster, Esq., bis Private Sec
retary, Acting Commissioner ol Patents, S. S.
Shugert, Hon. J. Clancy Jones, of Pennsylva
nia, Hon. A. 0. P. Nicholson, Editor of the
Washington Union, Mr. Sullivan and others.
Order having been restored, James Guvven,
Esq., President of the Pensylvania Agricultural
Society, addressed the President in the follow
ing terms:
Mr. President -—lt devolves on me, as Pres
ident of the Pennsylvania State Agricultural
Society, to welcome your Excellency to its an
nual exhibition, and to present for your inspec
tion the farm stock and implements, and the
field and garden products on these grounds—
the contributions ol the larmers ot Pennsylva
nia.
The advancement of the tillers of the soil,
has been with nie a leading object throughout
my agricultural career. Il I could not have
them take precedence of ail others, I would not
consent at least, that they should rank below
•my class in the community. With this intent
I appointed the Governor, Ex-Governors, and
Judges of the Supreme Court of this Common
wealth, to participate in the interesting duties
of Judges at this exhibition. The same desire
prompted me to go a step further, and invite
your Excellency to come among us in a lami
nar way, to look at the specimens ot husbandry
kod domestic manufactures, that I was sure
cnuld not fail to challenge your appreciation.
} our responding so kindly to the call made up
on you, consummates my best u islies so far, and
affords me the liveliest gratification. I there
fore in the name of the Pennsylvania State Ag
ricultural Society, and in behalf ot myself, bid
you welcome—thrice welcome !
The President proceeded to reply in clear,
rapid, distinct and manly tones. It is impossible
to describe the effect produced by his style and
his language. Large as the crow d was. there
was not one person who could not distinctly
hear what the President said. The following
'sas faithful a report of his speech as we could
obtain, but we are sure that the sentiments he
proclaimed are such as will be responded to by
°ur patriotic citizens.
the President of the United States replied in
substance as follows:
Nothing could he more agreeable than the i
circumstances under which, tor the first time,
I visit this locality, which besides being the
governmental centre, is tile centre of the popu
lation and wealth of the great agricultural State
of Pennsylvania. My journey hither has been
full of interest. 1 was particularly attracted,
as I entered the valley, near the boundary of
your State, traversed hy silver streams beauti
fully sUuted by gieen foliage, with here and
there the tints ot early autumn, hut yet more
impressed as the broader valley of the Susque
hanna opened upon us with fertile fields on
either side, with the picturesqe gap of the North
Mountains, with the Clue Mountain in the
distance, presenting a sketch of almost unrival
led bo|duess and beauty.
And now, sir, what shall I say of the gra
cious manner in which it has been your plea
sure to receive me in behalf of the Pennsylva
nia State Agribultural society 1 I am deeply
moved and deeply grateful.
It is gratifying to witness on any occasion
such a representation of the patriotism, intelli
gence, industry and high moral and religious
tone of a powerful Commonwealth which re
cognizes no distinctions among its citizens but
those which merit and worth confer. But es
pecially inspiring is such a scene as this, where
the yeomanry—engrossed during the year in
theii own pursuits, living upon their own acres,
cultivating their own soil, superintending the
interests of their own domain—honest, thought
ful. reflecting—but much secluded by the very
nature of their noble and independent vocation,
have come together for a better purpose than to ,
criticize and condemn the sentiments and opin
ions of others. Passiun and prejudice are left
behind to-day ! Social spirit, just judgment,
and kind emotions rule the hour! You haw
come to examine and compare the productions,
the stock aim utensils of your neighbors, not to
find fault "A ith them hut to impiove your own,
and I, by vour invitation, have come among you
to enjoy the occasion, and with you to be grati
fied and instructed.
It is a remarkable (act, that in this country,
where public law imposes no restraint upon la
bor or innocent diversion, we have fewer holi
days than any portion ot the civilized world.
Such gatherings are useful, in a social aspect,
and with our present knowledge ot their prac
tical importance, the only matter of surprise is
that societies like youis were not earlier estab
lished, and that they are not now more gener
ally encouraged. Men engaged in the other '
great interests of commerce and manufactures ;
are, from the nature of their pursuits, brought
together in cities and dense communities, and
independent of their chambers of commerce
and coifiarHle arrangements, have almost daily
and hourly intercourse. There is with thip
a continual communication of thoughts ami in
terchange of sentiments and opinions. Mate
rial tacts are elicited and communicated with
telegraphic rapidity. Are not these advanta
ges most important to the two gieat national
interests to which I have adverted ? Could
thev thrive without them ? Are they not,
indeed, indispensible? What but this inter
change ot thought, rivalry, if you please, of
genius anil invention, has whitened every sea
with your canvass? What tut this, let me
ask ttie distinguished gentleman (turning to
Hon. J. P. Kennedy) standing near me upon
the platform, who recently presided over '.lie
Navy Department, Iras made your ships as
staunch and swift as any which plough the
waves ot tlm ocean 1 What but this has given
a velocity to your shindies and a perfection to
your fabrics, which enable American manu
factures to compete successfully with tile civ
ilized world ? And yet, let it be remembered,
vour pursuit of agriculture is the basis, the
"foundation, the only sure support of both the
others. VVithout it, their shuttles would Cease,
and their ships would decay at their moorings.
A very shoit crop throughout America for a
single year would not only cripple all the oth
er interests, but it would seriously affect the
commerce of the world. The agriculturalists
literally feed and furnish the material of cloth
ing to pur busy millions at home, and hasten to
supplv the urgent wants of suffering multitudes
abroad, when the voice of humanity comes to
you over Jhe ocean.
The cultivator of the soil who does not real
ize these things, lives unconscious ol the true
dignity of his calling.
What agricultural societies have accomplish
ed cannot be computed, but I think it sale to
say that in examinations and comparisons insti
tuted on such occasions as the present, in res
pect to the cultivation ami gathering of crops r
the wants of the farmer have been clearly dis
closed, invention has been stimulated, and the
needed machine, process or chemical combina
tion, has been discovered and produced to sup
ply the want. In proportion to the numbers
occupied, the science ot agriculture is doubtless
better understood, and the art more skillfuly
practiced in some parts of the old world than
in this, the new ; but we are on the march,
impelled by the energies of a young and free
people, with State agricultural societies leading
the way, and they who will maintain the au
vance must content themselves with no slow
movements. Meanwhile, we may regard with
just satisfaction our impiovement in machinery
and utensils applicable to husbandry, some of
which have gained such distinguished consid
eration at the great exhibitions in England and
Fiance.
Your vast territory, your central position,
your climate, your soil, your facilities for reach
ing the great commercial marts, the boundless
resources of your mineral wealth contributing
to your general power, impose upon the s!er
ling population of the Keystone State the duty
of taking the lead in practical husbandry and
In agricultural art and science.
Nature ami the events of history have impo
sed upon you, in these respects, and in others,
responsibilities which, under the Providence of
God, can rest upon no other State. You, my
countrymen of Pennsylvania, constitute the po
t litical Centre of this glorious Union of States,
in which you art- an impregnable empire, out
of Which you would be an empire doomed lo
woe, distraction, and decay. How are these
your grave responsibilities to be met ? How
are these your solemn duties to be discharged ?
If ever this noble arch of liberty shall be un
dermined, or shall crumble, the crash of the
Keystone will be the most fearful and fatal—
ami it ought to be.
I can never touch the soil of Pennsylvania
without involuntarily recurring to the stirring
incidents of her history, which instead of being
shaded or obscured by time, aie inevitably', as
years roll on, to be brought out in a stronger,
clearer, and more glorious light. Within tier
borders the Declaration of Independence was.
drafted, signed, and pfycTairrfed to the world.
To the memorable conwiwiliftn* of the (justed
Colonies, on the 25th umjuue, I77ti, she de
clared, through her delegates met in provin
cial conference, in favoi of absolute separation
from tlie mother country. Within her borders
the Constitution under which we live was
framed, adopted, ami signed by the "Father of
his country," and those associates, whose patri
otic labors, like his own, will never be forgot
ten, though signatures may fade and parch
ments perish. Oh ! how bountifully have the
uncalculattug courage and personal sacrifices,
ol tlie fathers been requited to the children by
trie countless common blessings which that Con
stitution lias so lavishly conferred! Do not,
my fellow citizens, convert it to purposes not
embraced HI its design ! Do not depart from
the strict construction of its granted powers
which has secured such harmonious action, and
a degree of progress, happiness and security,
socially and politically, of which the history of
nations lurnishes no example ! Do not lor a
moment indulge the desne, or harbor the
thought, that you may enjoy the privileges j
which the Constitution confers without accor
ding to each and every one of the sister Stateln
of the confederation all the rights and immu
nities which it designed to secure to them! As
honorable men you can not do it So iong as
you are content to live under tlie compact
maintain it sacredly in all its parts, in its letter
aud in its spirit. Without a cheerful, practi
cal, obedience to all its obiigalions, the Key
Stone, firmly as it seems to be set, may be sha
ken and tremble in its place.
Your past, however, is the best guaranty lor
the future. From the days of William Perm,
\ eminently a peace loving and a peace cultiva
ting people, you have shrunk from no respon
sibility, arid faltered before no danger w Inch
threatened our common country. This was
signally verified in the strnggle of the Revolu
tion, in the war of IS 12., and in. that laie wax..
when at the first blast ot the summoning trum
pet, "our sons hastened to their weapons, and
forming themselves in serried columns tender
ed more regiments to the Republic than the
government with a proper regard to patiiotic
enrollments in other States could consistently
accept. But there is another class deserving,
if possible, still higher praise, i mean Ihe
fathers of those gallant sons, the men, who own
and cultivate the land, —the unobtrusive I nion
loving, law-abiding, agricultural community
represented here to-day,—that great, abounding
ioteiest compared with which all others are
hut fractions.
And now in conclusion, fellow-citizens, per
mit mo to say wherever lortuue may direct
your footsteps, it will be the source of just pride,
that you hail from Pennsylvania, but individu
ally vour_highest pride and steadiest conscious
ness of secui it v, at home or abroad, wili rest m
the fact that you are an American citizen.
During the deli very of this eloquent reply,
the President was frequently interrupted with
demonstrations of applause. After some elo
quent observations from Gov. Pollock and Ex-
Gov. Bigler, the ceremonies of reception ter
minated, and the President proceeded to inspect
the various articles offered for exhibition.
ARRIVAL OF THE STEAMSHIP
Canada.
FROM THE SEAT OF WAR.
PURITY PHOT S.RYU TILLIES L. LVD ED
AT EUPAPORIA.
The steamship Canada, from Liverpool, with Eu
ropean dates to Saturday, the 29th September, arri
ved at Halifax on Tuesday evening.
The steamship Hermann arrived out on the 24th ,
ult.
Elton THE GHIMEA. —The latest news from the
Crimea is that GortschakofF telegraphed, on the 2.lii
ult., that the Allies hail landed 20,000 men at En- i
patoria, and thai the enemy have now 3U,0U0 men on j
the Russian flank.
The Allies attacked the Ru-sian infantry on the
22d of September, when the latter retreated. On I
the 2.lth, the Allies, ad,ooo strong, debauched from '
Kupatoiia, and oectibted the neighboring villages on
the let t Da ilk of the Ru-siuue.
On the 11th, the Allies were concentrating their
foioes between Halakiava and the tcheniaya, and
were constantly reeoniioitering the left wing ol the
Ru-sian army. The Allies were preparing lor an ac
tive campaign.
Four hundred deserters, mostly Polanders, had ar
rived in the Allied camp.
it is reported that the demoralization of the Rus.
sian army is complete, and such was the confusion ;
Irom the first moment of the assault ot the Allies;
upon Sehastopol, that tlie soldiers became exhaust- i
ed Irom latigue, having remained twenty-tour hours
without any sustenance. The loss ol the Russian-,
during the bombardment and assault is estimated at
18.000 men.
The Russians continue to fire shells into Sebasto
po! from the North shore. Some ol the guns send
the shot entirely over the town, doing much damag
to the advanced siege-works ol the Allies.
A letter fiojm Berlin states that Prince Gortseha
kolf'will shortly evacuate the lorts on the North side
of Sehastopol. hut the Russians are still making vast
preparations for the winter campaign.
The Russian Treasury is receiving large sums
through Berlin.
The Turkish troops at Constantinople intended lor
Asia have been sent to Eupatoria.
It is reported that large bodies of ITench troops
have been landed at Eupatoria.
Despatches received irom \ lenna state that Ears
is great!v straightened for provisions, and the garri
son areobsolutelv subsisting on hprte-tlesh.
The Russians have abandoned Erzeroum.
Freedom of Thought and Opinion.
BEDFORD, PA. FRIDAY MORNING, OCT. 12, 1855;
Most of the Baltic fleet is to winter at Kiel.
• DENMARK.—The Representatives in session at Co
penhagen, have definitely approved, by ten majority,
all the proposed constitutional changes.
NAPI.ES.—An official circular, issued by tho Gov
ernment of Naples, to the police, -ays that Mazza
hs retired from office. The policy of the govern
ment has undergone no change in ihe conduct of the
police towards politically suspected persons.
AT STRIA—The Austrian Government organ at Vi
enna, •■Tales, referring to Russsia and Ihe Allies, that
the new state of things may give occasion lor a di
plomatic contest or a sanguinary strife between Rus
sia and the Western Powers, but will in no way af
fect the mediatory altitude of Austria.
On ihe 16th. the Russians were fortifying the
north side of Sebastopol, and constructing new bat
teries.
The French were advancing their cavalry and in-
Uutry towards Bakslnzni.
±i A iearfiil tempest had occurred at Sebastopol, fol
-s,wed by heavy rains.
Sebastopol is to he razed and the basins filled up.
fJccisiosa £" Jhe Supreme Court.
j CiT" The following decision of the Supreme
Court of Pennsylvania, in the Adjutant Gener
al's case, was delivered on Monday the Ist inst.
4 Sunbury, Pa.,
fCommonwealth ex rel. ( .Eli Slifer, 'l'rea-
Geo. W. Bowunm. vs. } surer of Pennsylvania.
LEWIS CH. J.—This is an application for a tnan
dfcnuis to compel the Stale t reasurer to pay the rela
tor the urreui- of salary alleged To be due to turn as
Adjutant General ol the Commonwealth,
i'l'ne parties have argued the case on its facts and
merits, without requesting an issue, and we proceed
dispose ol it accordingly.
f The objections To the Mandamus are :
|l. That Gen. Bowrfign was not appointed for the
term of three ) ears, hut only to fill tne vacancy oc
casioned by the lesignatien of Gen. James Keenan,
commission expired hy its own limitation on
tfe 2 J Feb. 1 b-35.
j§2. That Gen, Bowman ornilted to give security
tor the faithful performance of the duties of the office,
aSd therelore Governor Pollock, on Ihe fit. Fekruai v.
ifVi, removed hiiu and appointed Thomas J. Power
hi, successor who has ever since performed Ihe du
ties ot the office and received the salary.
■ ft does not appear to be averred lit the pleading
that Gov. Pollock removed the relator because lie
ojiitted lo give the required security. Nor is any
other cause of removal set forth. It is merely pica
did t fiat he failed to perform Ihe duties of the office
aid did not at any lime give bond with oneor more
-■Sfficieut sureties, &(*., and "thereupon" be was ie
tnpved. No neglect ot duty is specified, exeppt the
failure to give bond, and from what seemed to be ad
mitted on tiie argument, no other neglect of duty is
pretended. No removal i- show nor alleged, except
'.fiat which is implied by the simple appointment of
aiucce-sor. And when it is seerilbut ttn- took place
on the day after Gen. Keenan's Commission expired
by its own limitation, it is hut a lair construction of
tR.-act of Gov. Pollock, to hold that he intended no
nitre than the appointment of a successor under ihe
uJpretsiori Thai Gen. Bowman's appointment had ex
pied by its own limitation.
We are unwilling to believe that the Governor in-
JsdwU*4 w 4Jk 1 JlftJ* IttOit an: liffuxi iUMMUIU wl
for a term of years before the term had expired.—
That be posse.-,ed Ihe power of removal is conceded;
but the power is to he exercised upon et/uer shown.—
It exists only where "the officer tails and neglects
faithfully to perform ttie duties of hi, office." It is
true that the Ex'ecutative is made the judge ; and that
his "opinion" or jiigtnent, is conclusive, so far as re
t&Testo the question oi removal. But that judgment
is not to be piofioutited without notice, without any
chatge or specification, and without any opportunity
given to the officer lo make his defence. The repu
tation and the right of thy imcumbent lo the office,
lor the term specified in his commission, are involv
ed; and fm has a right to know ttie aecu-ation and to
be heard m Ins defence. The present Executive un
der-loud these rights 100 well, and appreciate- then,
100 highly io he guilty ot violating them. If he was
on his trial before the Senate, on impeachment lor do
ing so, it would be difficult to covinceany one that he
intended lo commit any such act of oppres-ion.
The adpointment of Gen. "Power would he under-!
stood there,a U should he here. It is nothing more j
than an appointment to fill a vacancy supposed to exist J
in the office. The act of Assembly requites the Ad
jutant General to give bond be Jure he. sitters on the an - j
ties oj 'his office. So that the giving ot the bond is!
not an official duty hut a preliminary to entering upon i
offirtal duties. It is n aile so by the veiy section t
which gives the Governor power to remove for ne- j
gleet ot official duty. The omission to give bond is j
therefore not a neglect ol official duty lor which the .
Governor is authorized to remove an incumbent du- I
ly commissioned for a term of years. This power ot j
leinovat is a special authority and must be strictly
pursued.
It was not pretended at the argument that there
was any otiiei removal ol Gen. Rowmur. than that
which may be implied from the appointment of Gen.
Power. In setting iorth that appointment it is not \
averred that it was intended as a removal ot General ,
Bowman,or that any notice ot it wasgiven to the lat- :
ter, for the puipo-e ot terminating his authority.— .
Where an office is held during the pleasure of the op
pointing power, a removal may he either express, That }
is by a notification that the otficeris removed; or ;//i- j
plied, by the appointment of another person to the j
same otlice. iiut it has been decided that ill either |
case the removal is not completely eflected until no- j
tice actually received by the person removed. An I
otlice held during pleasure is not distinguishable I
from ojher oa-es ot revocable authority, ihe oHicer j
has authority to act until notice of iev ocation. Row-,
erlault vs. Morns, Wallace 11. S. Circuit C. Rep. |
t 124,Cren vs. Vernuii Cro Car. 97; 1 Ven 100; 3 P. |
*,Vm 191: 19 Yin Abr. 151; pi 3; 3 Rep. 71; Cro Eliz |
110; lb 14. 13 Peters 2UO; 8 Ring 002.
Rut when au olficer holds for a specified term of
' years '-if he shall so long behave himselrwell," there j
i is no implied conviction ot misbehavior, nor any mi- !
I plied removal for that cause arising Horn the ap- |
pointirieut of another person to fill the same office, i
i'his was decided in the People vs. Carngne, 2 Hill j
104; hut the principle ol justice on which the lule is ;
too clear to require the aivi ot authority. 1 here is ;
therefore neither removal nor intention to remove j
Gen. Bowman. I lie question is whether bis corn- :
i mission was void, or had expired, at the tune vv hen ;
Gen Power was appointed. The Clerk who tilled it j
up was ceitamly not very judicious in the selection j
of words to express the meaning of the Executive.— I
1 There is an auibiguity ol expression in it which has I
pi nimbly produced the present difficulty. But the I
acts ol public officers where the rights ot the public
lequire it should lie Vonstiued with libeiallty. Ihe re
is ulways a piesnrution that they are m accordance
with the law . That presumption can be repelled on
ly by clear evidence ol illigality. 1 he act regulating
tbe Militia of the Commonweaith declares tliat ttie
appointment oi the Ajutant Geneial shall he "lor the
teiin of three years, it he so long behave hin)sell well
and faithfully performs the dutie- of his otlice." The
commission accordingly states tfiat liie Executive
; has appointed George W . Rovvman Adjutant Gener
al •'in pursuance ol the authority contained in the Mi
litia laws ol this Commonwealth." .An appointment
tor a shorter term could not be "in pursuance of that
authority." This part of the Commission must
therefore be understood as soute evidence that the
j appointment was made.lor the term ol three years,
as the Jaw requires. In the hahetidmn, when fairly
; construed, it fs vtated that he is to have and to hold
1 the ollice for the term of three years it you shall so
i long behave youself vvell*, Kc. Rejecting the imper-
feet sentence which relates to the vacancy occasion
ed by the resignation of Gen. Keenan, the meaning
is perfectly plain. That this imperfect sentence was
introduced as a mere parenthesis, and forms no part
of tlie habendum, seems manliest from the whole
language of the Commission. That the "term of
three years" is to be read as fixing the term ol Gen
eral Bowman's Commission seems reasonable, be
cause without so reading it, no term whatever is spe
citied. If no term be specified the words "if von shall
so long behave yourself welt," would be senseless.—
They would have nothing to which they could have
relation. The parenthetical statement that he is
Commissioned "to fill the vacancy occasioned hy
the resignation of Gen. Keenan" does not cut down
his term brlow the period prescribed by law. These
words are very frequently introduced where an ap
pointment is made to fill a vacancy occasioned by
death or resignation. They do not of themselves im
port any limitation of the term of the appointee. It
is only in cases where the law declares that an ap
pointment to till a vacancy shall he for the unexpir
ed term ot the previous incumbent that they haveany
effect whatever. In this case t tie law allow s of no ap
pointment for a shorter penod than three years. The
reference to the vacancy occasioned by the resigna
tion of Gen. Keenan is theretore merely surplu-age.
It did neither good nor harm It was like similar
language contained in iheCainmissionsof Judges Co
wan and Browrisori of the Supreme Couit of New York.
They were appointed to fill vacancies occasioned by
resignations and the fact was so stated in their re
spective commissions but it wes never supposed that
this had the effect of cuttingdown their judicial term.
The official term established by law is not to be
changed by such vagueaitd unnecessary surplusage in
a Commission. We are unanimously of opinion t hat
on a lair construction of the Commission granted to
Gen. Bowman it was intended to give him the right
to Ihe office for Ihe term of three years if he sbouid
so long behave himself well. But it seems that he
neglected lo give Ihe security required by law. He
has faitfully perlortried the duties of the office how
ever without complaint; aud, since these proceedings
were instituted, he has tendered the security. The
omission -eemsto be an inadvertance .There is noth
ing wilful in it so lar as we see. It does not appear
that security was ever demanded, or that the State
has suffered any injury for ihe want of it. If the
omission furnished ground for refusing to permit Gen.
Bowman to take possession of the office, or for im
prosiug any penally upon him it does not appear that
the Executive, or other authorities, did either the
one or Ihe other. He was permitted to enter upon
Ihe duties—lake charge of the public property—per
forin his public duty, and to receive the salary provi
ded by law. Under these circumstances his tender
of security, as soon as the omission was brought to
Ins notice, is sufficient to entitle hint to hold the office.
But for the period during which he performed the
duties ol theolfice without having given the reqnired
security he was not strictly the officer tie jure. He
was merely the officer tie far to. Hi-actsaie good, so
far as others aie concerned. But the role seems to
be established that none out the officer r/r jure can
successfully claim compensation for official services.
Riddle vs. Bedford Co., 7 S k 11. 380: Dillon v<.
Myers al. 3 Penrto Lau Join. 160, Brightleys N. I'.
Rep. 326. ft follows that Gen. Bowman i- not en
tilled :o Ihe Mandamus. The performance of the
duties ot the office before giving the security was
prohibited by law. The law must therefor refuse to
aid him in compelling payment for services thus rerw
dered against its direction.
This view of the case renders it unnecessary toex
pre-^"any dfiThioh fin the quest ion whether tlie title
to ail officer can be deteimined in a Mandamus for
| the salary.
Mandamus refused.
The Kfer Rtmle of Know Nofhintrism in
Georgia^
The advice- by mail, as well as by telegraph, re
move all doubt as to the character of the result in
Georgia. In a State where Know-Nothingism cal
; culated largely upon success, and where its leaders
i hoped to entrap the unwary by carefully conceal-
lug The most odious features of the order, bitter and
over* helming ha* been the disappointment, and Geor
gia proudly and extiltingly takes her stand by her
sister Nates of the South, after having furnished tri
umpant evidence of her loyalty to the Constitution, j
her fidelity to the Union, and iier unwavering devo- j
tion to the great principles of the Democratic party, j
The lesult may be summed up in a few words.—
Johnson (Democrat) has been re-elected Governor i
by about 4,000 majority—a gain of 3,500 since the!
election of ISO 3. The delegation in the next Con- j
gress will stand, six Democrats and anti-Know-Noth
ings, In both branches of next State Legislature ,
tlie Democrats will have decided majorities. In an- j
nounciiig this signal defeat ot Know-Nothingism in |
Georgia, the Augusta Constitutionalist says :
>• Ihe election on Monday last has placed upon i
the lolehead ol know-Aothlliglsin 111 Giorgia Hie
unmistakable biaiul of tbe popular condemnation. — j
The xehuke is signal, emphatic, and we hetieve '
tliial. Georgia has lecurdeil her voice in characters !
oi blazing light against Know-Nothingism in all its j
odious lealures, bolli as regaids its tonus ol orgaui- !
zation in secict lodges and atiiliated councils, united j
under a gieut cenlial head, with the secrecy, the;
oalhs the obligations, the degiees and discipline, the |
grips and signs, and passwords, and as regards its lea- I
ding and avowed amis of National and Mate poll-;
cy. The former, the mere paraphernalia ol hum- t
merv and humbug, intended to cajole, to.beguile,
and to tie down the honest citizen and deprive him
ot his free agency; the latter intended to uudermiue,
and liually break down the constitutional bulwarks
elected by I lie lathers of the Republic lor tbe pro
tection ol the citizens of every clime and ol every
religion, who links his destiny with Republicanism
and religious Ireedom on our soil. Know Notbtng
isui, in it- inside forms and its outside developments
—h.now-Nothiugistn in its internal discipline and
designs —is alike rejected and condemned in Georgia.
! i he vote is hut an imperfect indication of the pop
ular disgust with Know-Nothingism ; for during the
canvass it shitted its alt nudes and changed its cui
ois, and iesoited to adroit palliations, in dllierent 10-1
1 culitles in ltie State, to meet every exigency of the
local sentiment. It showed thus, in some counties,
a lactitious strength. In some counties it was hot
: stored up by the popularity and influence oi men
' who, while professedly not sanctioning its princi
; pies, allowed themselves to he used 111 Its behalf.
••Again, side issues were suddenly sprung up to
i distiact the public mind trom the main question.—
Prejudices against Governor Johnson, growing out
; of past party relations and puity contests, vveie ap
pealed to, anil with effect. Misrepresentations and
; distortions ol luets in regard to the management of
' the State railioad were publicly circulated in pam
phlets and handbills, anil votes were influenced
; thereby. Rut with all these drawbacks the seuti
; ment ot Georgia has been spoken with crushing ef-
I tee I against kiiow-Nothuigism."
ML A Si lED:
On tlie -till inst. at G. K. Parsonage, Mar
tinsburg, by the Rev. J. Heller, Mr. GEORGE
W BUT/, to Miss FANNY BRECIIMAN, botti of
Middle VVoodoerry Township, lied lord Coun
ty, Fa.
On same day, by the same, at the Hotel of
Major Snider, Mr. PERRY BENSON, to Miss
MARY A. BAKER, both of Huntingdon County,
Pa.
TERMS, §2 PER TEAR.
The RCMIES in Ihe Old Keystone*
20,000 Majority for Pltttner.
A DEMCRJTJC LEGISLATURE
and
A Democratic l. S, Senator.
The election of iast Tuesday resulted in the
' glorious triumph of the Democracy and the
friends of the Constitution. The returns of this
county are not all reported. Enough however
i 3 known to secure the election ot the Know
j Nothing Treasurer and Auditor. The Com
! rnissiotier is yet in doubt with about an equal
j chance between Horton and Whetstone.
The average 'majority for the know nothings is
| considerably less than it was last year. There is
i nothing in the result to discourage any Deino-
J crat. Before the election the K. Vs boasted
loudly ot carrying the County by 900 or 1000
majority. By tins means many good Democrats
were induced to remain at home. The result
proves that with any thing like a fair turn out
Bedlord Countv is Democratic bv a large ma
*
jonty.
The conduct of the K. N. party has driven
many good men from the ranks of the op|>osi
tion and they are now so completely disorgan
ized, that it will be impossible tor years to rally
them together in opposition to the Democracy.
In our Legislative district, the noble Demo
crats of Cambria county, have rolled up a ma
jority of nearly 800 for our ticket.
Fulton County has given the very large ma
jority of 223. These results secure the elec
tion of Major BEENHAKD and GKO. N. SMITH
Esq., to the Legislature by from eight to nise
hundred majority. It was said before the elec
tion that the Know Nothing candidates were
formerly Democrats, and went over lor the sake
of office. If so they have been slightly disappoin
ted.
The Democrats have carried ihe Slate of
Pennsylvania by at least '20,000 majority. The
Senate and House of Representatives are both
Democratic by larger majorities than we have
had tor some years. This secures a United
Slates Senator for six years.
The returns of the city of Philadelphia are
as yet somewhat incomplete, but nevertheless
indicate clearly the triumphant election ot
GEORGE MEUEE, the Democratic candidate for
Sheriff, by a majority approximating very near
ly to two thousand, and CHARLES W. CARKI
GAN. Register of VV" ills, and Jons SUES BY,
Clerk of the Orphans' Couit, by nearly
same m&jorities. This would be of itself
glorious result, but, in addition, we have elec
ted eleven members of the assembly, and a"
.state jamator in.Jhc.fQUhly. aud_JtuxL meanhex*
of the assembly in the old city out of four,
giving, at tile same time, two thousand three
hundred majority lor Arnold Plumer for Ca
nal Commissioner over the Republican, Abo
lition and Know-Nothing candidate.
From the Pittsburg Uuiou.
THE RESULT OF THE ELECTION.
Though we cannot present this morning lull re
turns of the vote throughout the County, enough is
given to show the complete success ol our ticket. —
As a standard to guide us in our calculations, we
take the relative vote of Judges Black and Baird, for
the Supreme Bencn, at last fall's election. The ma
jority of Baud over Black, in the County, was 354-
iu the vote lor Sheriff yesterday, our gains in the
Districts heard from, amount to about 050, and our
losses 10 150, giving us u net gain of 400, thus lar.—
This already annihilates the majority ot Baud, and
gives us 50 voles to spare. If Patterson's gains in
crease in like proportion in the remaining Districts,
he will be elected by iroin lour to six huudred ma
jority. The rest of the Democratic ticket will have
still larger majorities. The Know-Xotlnngs are rout
ed, horse, toot and dragoon.
GEORGIA has elected a Democratic Gover
nor and six out ol seven members ol Congress.
The seventh member is in doubt.
BEDFORD lOlVn OFFICIAL.
(CF*Sinoe the above has been set in type, the
Return Judges have met, and it will be seen
from the following table that the entire Knovv-
Xothing ticket has beeu elected :
Xicholson, 1791
Piumer, 1677
W. W. Kirk, 1793
R. S. Alexander, 1792
Jos. Bernhard, 1676
Geo. .\. Smith, 1673
D. Over, 1779
I. Mengel, 1678
W in. Whetstone, 1761
T. VV. Horton, 1692
Geo. D. Shuck, 1791
Henry W'ertz, 1678
Geo. W. Smith, 1772
Ewd. Pearson, 1681
A. P. Fields, 1786
QI/-"Where is the boasted 1000 majority of
the K. JNi.'s of this county ? notwithstanding
the editor ot the Gazette has not been able to
i lake any part in the campaign.
I connection with the illness ol the edi
tor, one of the hands is unable to work: conse
■ queiilly there will be no paper issued lrom this
I uifice next week. The uencieucy will be made
i up to subscribers.
[£?~The auual Fair lor this County, commences
on Wednesday next.
DIED,
In Charribersburg, on the morning of the 4th inst.
Mrs. SARAH M. HARRIS, consort ot Mr. Tfcos. J.
; Harris, aged 35 years. Her death leaves an afflicted
J husband and tne youthlul children to luouin her
■ j uretrievuble loss. She possessed many striking vir
' tues —and her death was calm, lull of hope, pious,
j and edilying, until her laimoi (ai soul v\ uiged its flight'
! 111(0 that land Iroiu which theie is no reiuin. May
' she ro=t in peace. >
VOL XXIV, NO. 9.