““kuite of the savage.
Bp =r ne SE
To she Editor of the Bellefonte Patriot.
To the People of the 4th District of Pennsylva-
ia, consisting of the counties of Bedford,
Huntingdon, Mifflin, Centre and Clearfield.
Friends & Fellow Citizens,
Tae tie which has
bound us togethet, for upwards of twelve
years, is broken ; put the more intimate tie
of affection can never be dissolved. 1
shovid be unworthy of that unlimited con
idence which you, ut all times, placed in
ms, it] did not feel tuwards you the most
dwvely grautude and the most rooted regard
When it is recollected that I have spent
amongst you so long a period, in the very
inaturity of life, withoutevena distant mur-
mur against my official conduct; when il
is considered that, during that whole period,
you were constantly engaged in contriving
ail the methods in your power to increase
wy means of comfortable subsistence, and
Jessels the pains’of a most arduous circuit ;
when iis turther known that, during the
whale time of my labours amongst you, my
failings were constantly paliated, my eccen-
tricitics cheerfully tolerated, and my very
erroi's concealed or justified; it will not be
dacmed, by the citizens of my native state.
2a extraordinary thing that { should feel
impelled tu address you ; to unbosom my-
self to you ; and to express my ardent affec:
ions for you, and the deep regret I feel at
“arting with so many amiable and constant
driends. At one time, I had nearly made
up ray mind, before this, to leave this dis-
avict. - You recollect if! It was some years
ago, when the late (fovernor kindly offered
to transfer me from this district, back to the
bosom of my old friends at Nerthumber-
Jand. There, you alt Know, I had spent the
very prime of life ; and there my old friends,
“with an unanimity aimost unparalleled, had
Arged my immediate removal. You know
the result. Your urgent entreaties, for ay
slay amongst you, were equally pressing
and earnest ; and finally proved irresistible.
Ou that occasion, on your engagement to
Jersevere in your exertions to promote my
temporal interest, I abandoned a new and
€qually honorable situation, where my la-
hours would have been diminished nearly
one third, and my expenses greatly lessen-
cd. I never did regret the step I took;
though it was a great sacrifice of interest
and ease. You were not in the sleast to}
blame : for though you were unsucéessful
dn your subsequent ‘efforts to rophine your
objects and gratify my wishes, yet you hen
estly redeemed the pledge you had given
me, and 1 remained happy in your warmest
ailections. You will, perbaps, say, under
such circumstances, why do you now leave
us ? The answer isat hand. Though, per-
43ps, I am one of the yonnrest men now
ailve who took a partin the Revolution, yet
J feel the irresistible advances of age ; and,
20 doubt, the eartsen beds oi the then west-
ern wilderness, are now felt iu cvery mems-
Dee of my body. My expenses and labour
will be lessened more then one half, and
the compensation will readily be increased.
1 speak from experience. It your united
influence heretofore repeatedly failed in at-
taining this desired object, what prospect
was there of future success? Besides, it
was notin human nature to resist the uni-
ted calls of ease and elevation. Wealth,
you all know, I never sought. Indeed the
effort would have been useless. The trash
of this world never cen he the possession of
a man of my fieculiar turn, Independence
and comfort are ali I ever sought for, or shall
ever want.” I know you will, with me, feel
grateful to that great man, who now so ably
directs the desturies of this country, that he
has sought out the humble president of
your district, and given him a comfortable
though an highly responsible situation ;
where the sphere of his usefulness may be
greatly enlarged, and his ease promoted. —
I fly to the generous and enlightened sons
of the west, with some of whose fathers I
fought in the revolution, to redeem and
preserve the very country which they in-
habit, from the hostile tread and scalping
If I possess any far
pretensions to the attentions of these peo-
ple, they will readily discover the just ex-
tent of my claims, and treat me with that
generous affection and confidence that you
haye so uniformly extended towards me. —
If I should be disappointed in those reason-
able expectations, 1 shall never regret the
step I have taken, as I feel a perfect confi-
dence that that unseen hand which has
cherished me in youth, protected me against
the scalping krife of the Indian, and eleyat-
ed me in society, far above my humble de-
serts, will still continue to follow me with
every reasonable and necessary blessing.
You now have my answer : I know you are
satisfied.
The candour and confidence with which
you always treated me, entitle you to a
» short sketch of the principles which always
guided me in the discharge of my official
duties amongst you. My first object was
to obtain the entire approbation of that Al-
mighty Being who rules the destinies of
universal natuie, and the consequent appro-
hation of my own conscience. . To attain
this grand object, the best and most vigor-
qys exeriion of all wy intellect, in constant
Aona lian
t#ading, and deep reflection on what I read,
was deemed essential. All these aids were
considered as means to enable me to arrive
at the great result. These, however, were
held inefficient, without the divine assis-
tance and the divine blessing on my person
al labours. This aid, I trust, was alwayy
most fervently sought, in the manner ane
{rom the only source from which it could
be expected to be obtained. I never con-
sidered the power which I possessed as
which I was bound by sacred obligations; to
exercise in the true spirit of the laws and
the constitution. I considered the people,
under God, the legitimate source of all le-
gal power ; that it was for them alone thax
terrestrial laws were instituted ; and that
unless they were administered in their gen
uine spirit for their benefit, thé whole appat-
atus of courts would be mere mockery and
idle pageantry. My sccond maxim was,
that in the administration of the laws, as
Judge Blackstone says, « public satisfac.
tion” should be given. It was never ex
pested by me that this desirable object
could be obtained by a mean submission to
the whims, caprices aud prejudices of the
multitude, but by a steady exhibition of jus-
tice and display of truth to the intelligence
and consciences of the mass of the commu:
nity. The end must never,lor a moment,
be lost sight of; but the means must be
constant and always conciliatory. A third
maxim was deemed essential, that the em-
pire of the laws should always be maintain.
ed. Passion, prejudice or whim, for a mo
ment, might interrupt her sway ; but it was
always considered as the indispensible daty
ofthe court, to restore her {ust power in the
very case in which she had, for a moment,
been deposed The maintenance of this
maxim produced despair in the ephciner
fabrications of mischief; and ultimate arg
entire submission to the empire of the law
To avoid all «appearances of evil,” wa
another important maxim, in my notion,
the administradon of the laws. For thi
i
all pefitical associations and meetings
every kind and nature. This maxim
O¥
#
Minister of the Gospel.
ever fell on’ a free people. «Public satis!
faction” cannot be given, nor
often suspected,
watched, and his most virtuous intentions
constantly thwarted. 1 pity such an unfor-
tunate judge, and exclaim
“Quanta charybde laboras.”
In addressing you, as jurors, it was my cpn
stant maxim to address your understandihi)
alone, and never to exvect the verdict, ifthe
law appeared to entrench on the principle
justice, unless your judgments could be en-
trely satisfied. In this I rarely failed. =
On the law, my observations were pointed
and unequivocal ; as this was the only meth-
od in which mistake could be corrected, I
scorned the idea of shielding my own errors
from correction by a dark ambiguous ex-
position of the law, or by sheltering myself
behind your verdict, when the law was vio-
lated by my own fault. In the argument
of motions for new trials, which, for the hon-
or of the district, were vety rare, it was my
invariable maxim never to permit the least
insinuation to be made against the integrity
ofyour views, as jurors. The counsel were
always, in such cases, informed that jurors
were an essential, co-ordinate branch of the
court, acting under the sanction ofan oath,
and the high obligations of citizens, and that
incorrect motives should not be imputed to
them on any occasion. It was my own cour
stant habit to maintain your independence,
as jurors, in never exhibiting, by counten-
ance or speech, the slightest dissatisfaction
with any verdict, until it came on for a
y
this arose from my own error, I confessed
it publicly—-if from yours, I attributed it to
mistake and the universal fallibility of hu-
man nature. Your motives were never
suffered to be impeached in the slightest
manuer, either by myself or others. The!
same course was uniformly pursued with!
respect to the acts of the legislature. The
impolicy of the law, or the motives of the
law-giver, were never suffered, for a mo-
ment, to be called in question, The coun-
sel were informed that with the former the
courts had nothing to do, and with the lat-
ter, the liberty, attempted to be taken, was
indecorous, unwarrantable and unconstitu-
tional. That courts were incompetent to
decide on the motives of the supreme pow-
er, under the constitution ; and that the
Judge who would permit or countenance
it ought to be driven from the bench. In
the administration of the criminal law, my
course was uniform. No person was ever,
mine, but as devolved on me by Pronuetier rouse your prejudices and entrap your judg-
unquestionable, the facts were summed up,
and the law stated, as applied to such facts,
without the least imsipuation of guilt on
he part of the court, and the decision of
soth, as is the law of this land, left freely
o your consideration. It is known to you
Jl, that I never entrenched on your unques-
‘lonable rights on this subject; and that 1
never exhibited a tyrannous appetite for
blood, or made an hypocritical appeal to
he laws of Heaven to excite your passions,
ments. If, on the other hand, any reason-
able doubt remained, as to the guilt of the
panel, on the exhibition of the testimony, it
was my uniform practice to mention that
doubt and the causes of it, and, ifthe matter
struck you as it did me, to ask you for an
acquittal. - In this appeal to your humanity
and understanding I was never unsuccess-
‘ul. In all cases of convictions, the pup.
ishments were inflicted in a spirit of justice
and uniformity under the law, tempered
with mildness and mercy. Whether, {rom
this plan of administering the criminal code,
or from the progress of light and religion,
or the combined efficacy of both, I will not
pretend to say, there has arisen a great
change in the frequency of crimes in your
district. Itis a fact, incontrovertible, that
offences have greatly diminished in the dis-
tricty within the last twelve years, though
the population has considerably increased ;
that the crime of capital murder has not oc-
curred, during my presidency; and that
the crimes of biting and gouging have total-
ly disappeared. The right of personal lib-
and the application of itd Peyulis, Througk
you, I return my sincere thanks to my bres
thren of the bench. I have never keen in-
sensible of the important services they have
been constantly rendering me, as wey as
you. We have indeed been brethren, The
most constant harmony has uniformly pre.
vailed amongst us. They are my Witness «
es that I always treated them as brothers »
that I always sought and profited by thie
opinions and advice ; that I never arrogated
to myself the sole powers ot the gy.
but, on the contrary, constantly consulted
them on every point, as my legal fellows
and equals. But I should be Wanting jp
one of my greatest virtues, if indeed [ 704.
sess any, if I should pot thus publicly pro=
fess my profound gratitude to them for (hq,
sincere respect, that uniform deference,
and that kind and brotherly affection, whi.
they always evinced to me. Though they
and I are parted, yet we shall not be dij.
ded. They shall ever possess my best
wishes and kindest remembrance. :
Tomy friends and the people generally
of Northumberland, Columbia, Union and
Lycoming, through you, I return my warm
and sincere thanks. 1 have neither forgot.
ten their kind wishes towards me, nop their
exertions torestore me again to the bosom
of my old friends, nor their kind efforts tq
promote my ease and comfort, by a perma.
nent resettlement amongst them. They
well knew how congenial this arrangement
was with the feelings of my heart, but ime
perious duty arrested the insinuations ofip.
clination and attachment, and has now per-
criy was always considered by me as the
Petuated a painful separation. But before
most sacred in the catalogue of ing-feasible 1 © to the west, I shall revisit these
: : i i!
rights: the preservation of it was always'y; 4. at Ch
civvrishiod with ardont Zeal end the wanton: eady friends ef my youth ; recay],
considered as important tor a Judge, as gj
A party and clecd
toneering Judge is the greatest curse tha
public confifconstant h:
dence inspired : It he were as pure as thefpt
ermine okan apostle, his motives would bejnot
his motions jealously]
hearing : when a new trial was ordered, if{conscience, or the obloquy of the world,
‘he justly merits, as well the contempt of
violation of it, associated, with the horrors
of the inquisition, punished with indignant
ty and the importance of the consideration
that the public officers should teach by ex-
ample as well as precept. Though I was
y fermentation and public excitement,
et I am not sensible that I ever carried a
party feeling, or was influenced by a party
motive : 1 know the weakness of humap
nature, and always dreaded the secret oper-
ations of my own passions. It was well
known to me that in popular governments
where the influence of the passions is almost
irresistible, the fluctuations of party con-
stant, and the contests for predominance
violent, that it is almost impossible to form
an entirely impartial opinion ; to guard
against the secret influences of internal
operations and external circumstances; to
fortify the mind against the assaults of pre-
judice, the imperceptible windings of pas-
sion,and the melancholy imperfections of
human nature : These difficulties are great-
ly increased in party struggles for power ;
yet there is still salety: The sentinel, con-
science, must be placed over the fortress of
the laws, and the strength of the Most High
called in: With such a defence, the up
right Judge will maintain his stand, or,
guiltless, sink with the ruins of the nation.
Indeed, in extreme cases, when a Judge has
no alternative left but the abandonment of
severity. The will of the freofile, as expres-
sed in the constitution, and the will of the ;.1.,
nation, as expressed in the legislative code, {ng
in subordination to the law of the people in|,
the constitution, was my sole guide in all
redson it wasiy invariable practice to avoid{adjudications on statute or constitutional
fiiaw.
ays aware of the difficulty of preserving!
n-{My equipoise against the subtle insinnation
of imperceptible
or the spot, the scenes of earthly. life, and
bid them all a most affectionate farewell,
Before I conclude this address, permit
me to make a few remarks, intended par.
y for the people of this district.—
r. Charles Huston has been appointed my
ccessor. He is known to be a man of
plain manners, integrity, learning, sound
understanding, deep legal research and at.
{ural eloquence. You have been most for-
’ftunate indeed! You cannot too highly prize
for be too thankful for such an immense ac.
quisition. You will be happy in my succes.
sor, and I most heartily. rejoice at it, on
justice or policy, lt.w jyour account. The affectionate manner
bit to maintain, amongst you, aij, which you always treated me is calcula-
ted to inspire the most unqualified conf.
dence. You will not disappoint the just ex.
pectations of the public. Give my succes.
sor your entire and undivided confidence,
He 1s known to me to be highly worthy of
it. Itisa rare matter, in any district, to
‘obtain a judge possessing such an assem-
blage of the very best qualities for the sia-
party influence, in times of}; > II, atany future period, you should
ibe disposed to draw a parallel between your
{judge and his predccessor, I shall rejoice,
shall always be in favor of my successor. It
will make-you more happy and will not ins
jure your old friend.
To conclude this address, permit me ta
say, in the greatest sincerity, that I wish
you all happiness in this world, and a great
er than this world can give. I shall visit
you once more before I remove to the west,
and shake you all most cordially by the
hand: and, then, with the most permanent
and sincere affection I shall leave you to the
holy keeping of that Infinite Being, without
whose fiat even a « sparrow cannot fall to
the ground,” and trust, that I ghall again
meet you all in a better world, through our
common Lord and Saviour.
I am obliged to send this address to the
press without correction. You will pardon
its errors and imperfections, I have spent
a part of two days in writing it. I am so
much engaged in preparing for my new
situation, that I have not time, ¢ither to cor-
rect or copy it.
With sentiments of the most sincere re-
mankind, as the indignation of Heaven, who
can hesitate which alternative to choose.
In the above sketch vou will find a few
of the maxims on which I endeavoured to
obtain one end of courts, “public satisfac-
tion.” How far I have succeeded I, with
humble confidence, leave to your decision.
On one point I feel certain: My conscience
bears testimony to the trath of the fact,
that I neither felt a party impulse or senti-
ment on the bench, nor ever, intentionally,
did injustice to any man.
But to return to the subject on which I
set out. In this address I have no motive
on earth but the gratification of my own
feelings, in expressing the deep sense I en-
tertain of your goodness towards me ; in de-
tailing some of the maxims of my judicial
conduct; presenting an apology for my
leaving you; and bespeaking your kind
through passion, prejudice or mistake. It
was always expected that guit should be
fully and satisfactorily established by legal
that the proof must advance in clearness
ind conclusiveness in exact proportion to
in any case, permitted to be punished,’
proof. You were always told, as jurors, where the incessant labours of the court
land lightened by your approbation ; where
the attrocity of the offence charged. The| an enlightened, conténted and happy peo-
-ourt were indeed the counsel of the pris-|
oner : If the proof of guilt was clear and confidence in the developement of truth,
remembrance of me. Though we shall be
scparated as te place, we shall not, 1 trust,
‘be separated in heart. I shall often call to
mind the exhilarating scenes of the circuit,
were constantly cheered by your smiles,
ple inspired their Judge with vigour and
act, and the means I tried to pursue, to}
gaid, and kindest remembrance, I hasten to
a conclusion, and bid you all an affectionate
farewell.
JONATHAN H. WALKER.
Bedford, July 24, 1818,
S— $
Sea Serfient again and Brood.
Boston, July 25.—We yesterday receive
dent at Glou~
‘hich says :
ed a letter from a corres
cgster, dated on Thursday,
“ The Great Serpent has agai appeared
in our harbor. She is accompanied by
three young ones, and they make a great
destruction among the bait. The fish ex»
hibit the utmost terror at their ang oach ;
and as the serpents pass along, seiZ
devouring their food, the fish Sg
the water to escape their eng Hy Fut In
vain, for the Serpents rapidly Pass and re-
¢ ‘Mj 3 Sar-
pass, devouring as they go. A
gent, of this place, had &' fair §icwof one
this day. She passed tinder his'boat, and
he says the head and’ pwbtuberance en her
back resemble the drawl and engraving
of capt. Beach. Capa Webber, who
saw the large Serpent, ail ‘the three smal-
ler ones, yesterday, frem*theghore, judg-
ed the large one to be 100 feekyin length,
and the smaller ones 10 be about ty feet™
Pv
on ycur account, to hear that the comparison
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