Bellefonte patriot. (Bellefonte, Pa.) 1818-1838, March 11, 1820, Image 1

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Bellefon
BELLEFONTE, CENTRE COUNTY,
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PENNSYLVANIA,
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PRINTED BY W. BRIN
ape ei Coameigiir ei pitted hes rae it
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Vol. 11.
SATURDAY, March 11, 1820.
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Pennsylvania Legislature,
HOUSE OF REPRESENTATIVES.
5 L Than
«Wednesday ich. 16.
vs RANDALL made the following re-
te. Ra ;
Pe sto eid he declkaraiion of Mr. Wilson
that ie had received 1t some lime before to
ave am
ngage og : :
cs us his eclining heal: would permir,” aid
fied abSutthe 12h of February, 1819. Imme-
Lately after his ‘death captain farl paid to his
vidow sixty-two dajlars ; and here the matter
nded.
In addition to this detail of facts, captain Earl
vhose inflexible integrity (1s admitted by all,
emphatically declared; that the arrangement
was nade by lim solely t¢ oblige his valuable
niend, Gustavus Conyngllam, who happened,
also, to be the fiend of Wilson ; that he
was not induced to make ft by the prospect of
he commission, nor by duy cowsideration for
Alexander Wilson : that, kt the time be did not
view it as having any influgnce upon his appoint-
ment: that the governor, Ju his personal inter-
view with him, never mgntioned the name of
Alexander Wilson, and hid nothing to do with
die arrangement, and thit there were no pains
taken to keep it a secret,
sided to 14 or 35 dollars. After this
Mr. Wilson, who was then in his last illness.
I'he messenger regurned with the money to My.
take up the note.
Tn a condensed view of the whole of the
evidence adduced by the petitioners, to sustain
their allegation of ¢- pecuniary obligations™ on the
part of the governor, towards Alexander W son
What does it amount to? Ye yninittee are
at a loss to discover in it any Aning m re than
those common features whieh distinguish oc-
currences of the kind between friends and ac-
aquaintances. Do the expressions of friendship
AH to an acknowledgement of * pecuniary
obligations 2” Does not the avowal ot generous
feelings and a disposition to serve anold frien
i
L
ulay
sinking under an incurable malady, and going
to a residence amongst strangers, evince any
particular or * pecuaiary obligativ
But from these private and ordinary transac-
tions draw, for a moment the CoN GLusidn, thai
the alleged pecuniary obligations” id exist ;
does it follow as a matter of course, Bat either
a private oficnce or a pubic crime 1s theie aleo
to be found 2 Are not all men whether in nub-
lic or private lite, not merely liabl:, but entiti-d,
ty incur obligations ot interest, atlection or
friendship? Is itmot a personal right, as well as
09
Nn &
ii
nark, as negativing the
supposed influence of Mexander Wilson in the
procurement of the corfimission, that his letter,
written on the 12th or [14th of September, 1818,
recommending captaip Earl, must have lain upon
the table of the govérnor without effect a
the commission did abt issue until early i e
It is also worthy of'r
, * :
Se Wilson rendered such servi-lanly pretendged
of the fiatures of
occurred two years Ag Qy.
HA
Hei thd tsome
¢h he was proved to
be wrong. Your committee feel reluctant
to press the point farcher s to them the funs
damental and essential tact, to which John
Binns dir ecied his testimony, remains witha
out adequate and sausfactory proof.
But what was the fact ? What was the
alledged in‘erference with a legislative
commi: tee ? -
It will be remembered, that during
the session of 1817-18, a coramit-
ec was appointed by the house of renre-
sentatives to enquire into the official cone
duct ot Witham Findlay, while he acted as
‘reasurer of the commonwealth.
chat investigation, and shortly before the
testimony closed, John Binns, itit averred
by himself, was requested by the governor
to draft a report tor that committee of ine
quiry, and was afforded an opportunity to
spect some bouks and papers for that
pur, He acceded to that request ; he
‘made examinations among the members dof
Pending ©
a common failing, of which official promotion
alone cannot deprive the individual? if, indeed,
official wets be sdlely iniuencd Gy ghie iligy
ions thus incuriéd, then would there be ground
of accusation and condemnation ; buy, in them
ie excercise of priv-
© a corrupt condition, eiili-
i, upon which a comnnssion
ti
These 're-i
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aed e committee of the house of repre-
ntatives. he 8th day of De-
. sentatives to whom on ih yor
comber 1819, was referred the petition
from sundry citizens of this commonwealth.
praying for an inquiry into the conduct ol
the governor, MAKE REPORT :—
( Concluded from our last.)
8th CHARGE.
* That the goverdor corruntly issued a com.
mission, on the express condition that the per.
son therein named should, from time to time,
pay over a certain portion of the fees to another
person, to whom the governor wus under pecu-
niary obligations.” 5 4a) :
Upon the examination of this charge, three
Snquiries arise: 1st. Who is the individual to
whom it 1s alledged the governor was under
¢ pecuniary obligations ” Js ,
2d. Did these ** pecasiary obligations” in reali-
Ry exist ? |
aga nd:3d. Was ther
Cer express or is
assued. - an dicate
Judging from what passed in the presence of | selves they oly ind Oe ota
the committee and from the avowels and a rr as Den ¢ Span a) st atte
RE a 0 sel of the petitioners, | ion to free ya Rn 7 5 pid
BR ALY as the flections lead Your ein he third ny
person to whom the governor wus under these lquiry arising ne I J age i > 0 pi oe
allcdged ¢ pecuniary obligations ;” such obligi-jammation 2 me. wiih le a ie Vid
tions as would iiduce a governor of k hos coms | pointment 2 nh p : ie Bs A ops 2
monwealth to lose sight ot his oath of ellice ; toler f the Sat) ox Th dias "of . al) er go
abandon all claims to moral and political neg .fed that the gorsppt C a I a) over, &i
ity, and to become the corrupt perpetrator of alporucn a 44 joes 1 if Pe Xan Er MWihon, was)
high crime and misdemeanor in office ! annexed to that appos men, ;
*\ detail of ‘the acquaintance and connection if] Shortly after the election of the goyertior,
at S36 be su called, which existed Letween the the removal uy I ym the station : ti
srovernor and Alexander Wilson, will throw arhiyenesten 0 Jie phi, was ei
much light upon the second branch of the liga. furged ros Hibs Ne : ap hn : high arly at.
v and enable the house of representatives tol aged gentdeman of g eu worth, anc in indigent
Yan © : 2 of these *¢ pecuniary obli-€ircumstances, was recommended as the sue
Judge or the existce of th £ AR 5 cessor Pending the application, and uncertain
fr acquaintance was formed and thei ofits result, capt: Earl in April 1818, accepted
Friendship nd: by the occupation of Aldex-i the command of i vessel, and aited upon a voy.
ander Wilson as chief tlerk in the treasury of | age io Liverpool, Wy thin a ay 2 tv after
his state, whilst the governor was at tie head this departure, his commission “s harbor-master
a ie artment, In the hope of obtaining reached Philadelphia. In this situation of the
een eminent physician of Phila affair, capt.” Hawkes visited the goverior at
© idelphia, a restoration 10 health, Mr. Wilson re- Har hse dulutsd big Ag furs gipstance
moved to that city in October, 1817. Upon parta uf captain ard vg Salles Jo Europe solicted
Ing with an old acquainance, and ong certainly f the goin ment a eteive it
wot in affluence, and of very reduced heulth,{ In Saptember fi owing Saptain Earl returned
William Findlay, probably then the governor and, by the julvice of is powest friends, re.
«lect, gave him a common letter of introduction) vived lis Spplisgtion, Ang waited upon the gov-
to Mi. John Humes of that city , the only lcticriernor im person at JL avisburg, In his conver.
of thekind, as fur as appears from the testimo- | sation with him, the governor acknowledged that
ny, that he carried with iim. Mr Humes testi-! his recommendation was a
fied thut this letter contained merely a request, that captain. Hawkes was also, highly recom -
ghat he would endeavor to get Mr. Wilson a sit. mended, ;
wation as a clerk, and ‘nothing more than the [little gonversatoe wath he Bverhor, and re.
customary language apa making & request of (turned again (o ! hiladel hin willicui any larder,
the kind. Li assurance than that the governor would think of |
Jumes Graham. who became the agent of the the aifuir, }
widow of Alexander Wilson and lad thereby! About the middle of the same month, capt.
access to his papers, found amongst then let- Gustavus Conyngham, ROW deceased, and who
ters with the signature of the governor subserib- Fas 4 man of high characte 's called Rpod capt}
ed, wriften before and subsequently, to lis: Earl, and wished him to tike Alexander Wil. |
election, These letters contained expressions SOn as 2 deputy, 01 #3 a clerk, Eari expressed;
of friendship and a willingness to serve and tuihis No hlige mr. C. who had always been
oblige him. Mr. Graliam also saw notes and his Stem Fast friend, and was very instramentai)
other papers bearing the name of William Fiud-40 nde ro ny lo procure him the ahpointment |
Jay, which induced him tg believe that the gov. EH €¢ some objections to employ ing Wilson
ernor was indebted to the deceased. However 10 either capacity At the request of capt. C.
wpon further inguiry and examination, and {the Qiarties mot at his house upon the same af-
correspondence with the governor, connected [161 Ron. he suhbijéet was resumed. Alexan-|
with the declaration of the widow, that nothing | 4¢t W ilson stated hie was a iil health, and mere- |
was due to her husbahd, this impression of M rly wished employment until the spring ; that he
Graham seems to have been shisken ; and nojrotld keep a book of arrivals, and hoped to be
demand was ever made, nor any claim persisted | Song enough 10 he able to go out and collect |
an. the Hees. When he mentioned that he only {
Mr. Redmond Conyngham, also, {testifies to “ished to be employed un':I the spring, it struck
an examination of papers shewn to him by Al] capt Lart as so trifling an englgemont, thar he
wxander Wilson, but does not materially diffe! turred round to eapt C evagham and said that
Arom Mr. Humes or Mr. Graham, The letters it Was amaiter of indiflerence ; he would rea-
which he saw were written in friendly terms jo HY agree to the employment of Mr. Wilson
expressed a desire to serve Mr, Wilson, to pro- {until Mareh, if it would be any sadsfaction to him
wure for him a situation in consequence of his | ¢aPt Conyng am i that the time was so short,
«disappointment in not getting into the Bank of he considered it of no mmportance. At this mn-
the United Staes ; and one of them contained '€7V'€W there were no terms whatever m’ ntion- |
nn extract from the letter before spcken of to Jed. The conversation bre ke oft, with the under.
Mr. Humes. At the same time, and with these | standing that if captain Earl obtained the coms=|
papers, were shewn his: hank book, and notes | Miss1om, he would give Mr. Wilson employ ment
drawn by Alexander Wilson, and indorsed by Unt! March.
"William Findlay., Mr. Wilson’ made no claim | About the last of October, a second petition
of any pecumary demand, nor of any account { W33 forwizded to the g vernor, fortified by pri-|
against the governor ; and during the conversa [Vale letters and a certificate from the clerk oft
tion, mentioned that he had come to Philadel. [the district court of the United States. that
phia because ofhis ill health, and the promise of capt. Hawkes held an appoiutment under the
Mr. Findlay to endeavor to procure for him {general overnment.
situation in the bank of the United States and}! Abuut the 7th of November, capt. Earl was]
if not there, with Mr. John Humes. {appointed, and reccived his commission through |
Mr. John Steel states, that about four months] the hands of the then recorder of the city of |
before the death of Alexander Wilson, in Phila. Philad:lphia. He waited upon capt: Conyng.|
delphiahe indorsed a note at sixty days, at thelham and Mr. Wilson, and told them that hel
request of, and drawn by, Alexander Wilson, | was ready to rulfill his promise, and left it to!
for five hundred, or five hundred and ten doliars. | them to fix the terms. Captain Conyroham |
Whed M maturity, and about to be renewed] said he supposed ubout one half the fees would
Mi. Wilson told him there were som: small be vight in such acase. Wilson replied. that he |
monied transactions between himself and the | did not wish the one Ralf; he would be satisfied
governor and that the proceeds of the note were | with six fourteenths of thefees. Thev had pre-|
for the use of the fatter. At the same (ime Mr. viously leftit to captain Earl himself to make |
Steel told him that it was no matter, that he any offer he pleased He declined, because he |
would indorse- for a much greater amount forlthought it a matter of n
either of them, The note was indorsed and re-i riffing was the cngageme
en d ; When again at maturity, Mr. Steelihaye aiven the whole, if it |
being informed that na provision was made for) could only continte for six
the payment or renewal of the note. o .
chieck for the amount, and immediately
oo
OF
ve hist ing allowance for the usual win
sent to the navigation.
eig
g fOr
nano
in S0me s¢asous; 1 wot id
1d
JUG
exclusively fiom the gratctul feelii gs of captain
Lmission
| \
very strong one, and {00 written charges, addused
ui ; : .
i (uencrs, your commitice will p
In this interview, capt. Earl had but
‘nated a hi
led by uibers, or
‘has practised ail the arts and powers of de-
it weells, mak-
only tsations with the goveraor and ot
month of Novefnber toliowing, and not untilf the coi
lier the second petition, accompanied by ori oie
vite fete Fiaid the certificate abready mentio ony
ed, irresistibly called upon the execuiive 10 be- i:
stow the commission upon Captain Eael, ©
miltee ; collected notes of testimo-
piel (hb | government lor
oniising to transmit the re-
1t ars, Some time, however,
prey a suit had been instituted
by Thomas Elder, esquire, acainst John
Buns, for an aliedged libel published in the.
Democratic Press, involving facts then in-
vestigating before the counmittee, and in
relation to which it was an object of the
miter’s attention in Harrisburg, and of his
anxiotis luquiries, to obtain important in-
aview to relieve himself from *¢ pecuniary obli-] OFMation necessary to his own defence ms
gation I Caa it be possible that a chief magis-| Whether, as is stated on cath by Mr. Tlho:n-
trate of Pennsylvania would prostitute his office as Sergeant, he offired, without being so-
tor the paltry purpose of securing a few dollars to licited, to draf. the report, in order to I=
an obscure and dying individual? Hus that day corporate in it what micht be material to
arrived in Pennsylvania, when even the harbor bet 3k 2, .
master at Philadelphia cannot receive his com-| 1S defence on the teal of the case. of Ll
, without the fees of a single winter sea. Jer against Binns, pushing hirveelf forward
sou becoming a temptation to public crime!|for a selfish object, without we desire of
how prone to distort facts and fauey the exis:| ithe executive. your comuniitee must leave
tence of public evil must that imagination be to the determination of the house.
which could see in this transaction an honorble
man Jike captain Conyngham, a soldier of the
revolution, descending und becoming the tainted
instrnment of another, inn zgouating an expr
Here, then, is the whole transaction; a trans-
action unequivocally proved 10 have proceded
Earl towards bis {friend and benefactor, Gustavus
Conyngham. Your committee look in vain for
the evidence of a corrupt interference on the
part of the governor. ‘Where is the slightest
grool that the commission issued under any res-
tricrion unlawfully imposed by the governor, with
Clear it is that he afterwards sent to Me.
Sergeant but little more than a preamble
tor the report 3 and thal portion Loo, priuci-
pally consisted of paragraphs which, accoi+
ding to his own declaration, he contempla-
ted adducing as material evidence on the
above mentioned trial, This preamble aud
these paragraphs undergoing amendments
and alterations, were afterwards embodied
in the report. It does not appear that tne
porticn thus written by John Binns, nor i+
deed any portion of that report, was shew
by any person to the governor. My. Scr
zeant, indeed, in whose hands all the p=
pers unon that subject were deposited hy
the chairman of that committee, who al-
fedged himself too unwell and too much
engaged on othet business to devote his
attention to the subject, most emphatically
declares that he had no conversation or
communication of any kind with the chic
magistrate relative thereto, and that he
never did shew him what had been wrii«
alledged interference with a legisiative com-|'®0 and forwardeq by John Bions. 1 is
mittee consist ? And 34. Was it aniile-{hotin proof Lat the governor BVEr: Con.
gal luterierence, or such as can be denemi | ¥6¥sed With, ov in any manner Influenced, 2
gh crime or misdemeanor in| single member of the committee of inqui-
ry. On the contrary, the: surmise is di.
Every witness should be free from the] rectly repudiated by the evidence of gene
operations. of favor, interest oF prejudice |8val William Marks, and colonel Freder-
Upon tis esseatially depends his compet | 1k Eichelberger, members of that commits
cncy or credit. To trust to a naked, un-{t€€i to the former of whom, owing to a
corruboraied oath, taken by a man whose [Ong exisung friendship and intitaacy, the
hostility is notorious and avowed, would|{%0vernor would, in all probability, have
tend to put the happiness, property and rep- [Deen most likely to address himsclf,
utation of individuals, at the mercy of un-{| Thos itresults that the alledged inter-
principled enemizs. Too much caution|ferrence with the committee of inquiry ine
therefore, canniol be exercised, in believing |to the conduct of the late state treasurer,
htm whom declared animosity urges for |giving, for a moment, full credit to the
ward, aud whose statements are unconfivm-| fierilous vath of John Binns, consists 1
by circumstances. naving barely wished an individual to draft
It 1s well known 10 every member of thela report, without directing the mode in
fegislature—it is well known throughout which it was to be done, without speaking
the state and the union, that John Binns|to, or in any manner influencing, a single
Las for many months ossailed, unceasingly,| member of the committee, and without, fi-
in the columns of a daily newspaper, thelnally, being made acquainted with a single
character and happiness of the chief mag-|syilable of the matter which constituted
istrate : and it is also well known, that helthe report.
But, arriving at the last point in which
this subjectis 10 be cousidered, by what
cxtraordinary process of refined logic can
‘tbe argued, admitting the witness to have
deposed the truth, that the simple expres-
sion of 2 wish from the governor, that a
person wholly unconnected with the com-
mitteey should draft the report, amounts to
an illegal interferrence with legislative du«
ties, Is corruption, and should be punished
asacrime ? Was it not natural, was it not
laudable, that the chiet magistrate should.
desire that the anpbunciation of an innocence.
of whichy it is presumed, he lek conscicusgy
$ ess
“eondinon” forsuch a petty consideration !
{With this unvarnished expodition of the affair
‘of captain Earl and Alexander Wilson, what
juaprejudiced man will not unite in opinion with
‘thie comieiitee, that it unfolds no manner of
guilt ut fault on the part of the governor ?
Having thus disposed of all the CXpress
Dy the peti-
rocecd Lo in
vestigate the remaining one, which was
brought forward, without any previous no-
lice, in the testimony of Jolin Binns. It is
as [odows : :
¢« That the governor of this common
wealth, during the L:gislature of 1817-18,
did interfere with the proceedings of a com-
tite appointed to enquirgt into his of
cial conduct, while Treasurer of the state.
In rejation to this subject, let us inquire,
1st, Is the fact satisfactorily established by
credible evidence ? 20d In what does the
office ?
clamatory composition to raise the founda-
tion of an impeachment, upon the very
charges he now comes forward to substan-
tiate. Such a witnéss cannot meet with
the usual confidence. The human heart is
conscious of is own frailty, and the human
wteliect 1s aware how certainly an habitual
indulgence of passion will warp its judg
ments. Upon the present charge he stands
lone, unaided by collateral evens, and op
sosed by many probabilities. He speaks
00 in relation to casual and brief conver.
ers, which
on
“
sha