The globe. (Huntingdon, Pa.) 1856-1877, December 16, 1857, Image 2

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true intent and meaning of thin act-not to legislate slave
ry hit° any Territory or State, nor to exclude it there
from, but to leave the people thereof perfectly free to form
and regulate their domestic institutions in their own way."
Under it Kansas, "when admitted as a State," was to "be
received into the Union, with or without slavery, as their
constitution inay prescribe at the time of their admission."
Did .Congress mean by this language that the delegates
elected to frame a constitution should have authority fi
nally to decide the question of slavery, or did they intend
by leaving it tb the people that the people of Kansas them
selves should decide this question by a direct veto ? Oh
this subject I confess I had never entertained a serious
doubt, add, therefore, in my instructions to Goy. Walker
of the 28th March last, I merely said that when "a consti
tution shall be submitted to the people of the Territory,
they must be protected in the exercise of their right of
voting for or against that instrument, and the fair expres
sion of the popular will must not be interrupted by fraud
or violence."
In expressing this opinion it was far from my intention
to interfere with the decision of the people of Kansas,
either for or against slavery. From this I have always
carefully abstained. Intrusted with the duty of taking
"care that the laws be faithfully executed," my only de
sire was that the people of Kansas should furnish to Con
gress the cadence required by the organic act, whether for
or against slavery; and in this manner smooth their pas
sage into the Union. In emerging from the condition of
territorial dependence into that of a sovereign State, it
was their duty, in my opinion, to make known their will
by the votes of the majority, on the direct question whe
ther this important domestic institution should or should
not continue to exist. Indeed, this was the only possible
mode in which their will could be authentically ascer
The election of delegates to a convention must necessa
rily take place in separate districts. From this cause it
may readily happen, as has often been the case, that a ma
jority of the people of a State or Territory are on one side
of a question ; whilst a majority of the representatives
from the several districts into which it is divided may be
on the other side. This arises from the fact that in some
districts delegates may be elected by small majorities,
- whilst in others those of different sentiments may receive
majorities sufficiently great not only to overcome the
votes given for the former, but to leaven largo majority of
the Whole people in direct opposition to a majority of the
delegates. Besides, our history proves that influences
may be brought to bear on the representative sufficiently
powerful to induce him to disregard the will of his con
stituents. The truth is, that no other authentic and satis
factory mode exists of ascertaining the will of a majority
of the people of any State or Territory on an important
and exciting question like that of slavery in Kansas, ex
cept by leaving it to a direct vote. Bow wise, then, was it
for Congress to pass over all subordinate and intermediate
agencies, and proceed directly to the source of all legiti
mate power under our institutions?
How vain would any other principle prove in practice!
This may be illustrated in the case of Kansas. Should she
bo admitted into the Uniori; with a constitution either
maintaining or abolishing slavery, against the sentiment
of the people, thin could hare no other effect than to con
tinue and to exasperate the exciting agitation during the
brief period required to make the constitution conform to
the irresistible will of the majority.
The friends and supporters of the Nebraska and Kansas
act, when struggling on a recent occasion to sustain its
wise provisions before the great tribunal of the American
people, never differed about its true meaning on this sub
ject. Everywhere throughout the Union they publicly
pledged their faith and their honor, that they would cheer
fully submit the question of slavery to the decision of the
bone fide people of Kansas, without any restriction or
qualification whatever. All were cordially united upon
the great doctrine of popular sovereignty, which is the vi
tal principle of our free institutions. Had it then been
insinuated from any quarter that it would be a sufficient
compliance with the requisitions for the organic law for
the members of a convention, thereafter to be elected, to
withhold the question of slavery from the people, and to
substitute their own will for that of a legally ascertained
majority of all *air constituents, this would have been
instantly rejectWlT Everywhere they remained true to
the resolution adopted on a celebrated occasion recognizing
44 the right of the people of all the Territories—including
Kansas and Nebraska—acting through the legally and
fairly expressed will of a majority of actual residents, and
whether the number of their inhabitants justifies it, to
form a constitution, with or without slavery, and be ad
mitted into the Union upon terms of perfect equality with
the other States."
The convention to frame a constitution for
Kansas met on the first Monday of Septem
ber last. They were called together by virtue
of an act of the territorial legislature, -whose
lawful existence had been recognized by Con
gress in different forms and by different en
actments. A large proportion of the citizens
of Kansas did not think proper to register
their names and to vote at the election, for
delegates; but an opportunity to do this hav
ing been fairly afforded, their refusal to avail
themselves of their right could in no manner
affect the legality of the convention.
This convention proceeded to frame a con
stitution for Kansas, and finally adjourned
on the 7th day of November. But little dif
ficulty occurred in the convention, except on
the 'subject of slavery. The truth is that the
general provisions of our recent State con
stitutions are so similar—and, I may add, so
excellent—that the difference between them
is not essential. Under the earlier practice
of the Government, no constitution framed
by the convention of a Territory preparatory
to its admission into the Union as a State_
had been submitted to the people. I trust,
however, the example set by the last Con
gress, requiring that the 'Constitution of
Minnesota " should be subject to the approv
al and ratification of the people of the pro
posed State," may be followed on future oc
casions. I took it for granted that the con
ventionef Kansas would act in accordance
with this example, founded, as it is, on cor
rect principles ; and hence my instructions to
Gov. Walker in favor of submitting the con
stitution to the people, were expressed in
general and unqualified terms.
In the Kansas-Nebraska act, however, this
requirement, as applicable to the whole con
stitution, had not been inserted, and the con
vention were not bound by its terms to sub
mit any other portion of the instrument to
an election, except that which relates to the
" domestic institution" of slavery. This
will be rendered clear by a simple reference
to its language. It was "not to legislate sla
very into any Territory or State, nor to ex
clude it therefrom, but to leave the people
thereof perfectly free to form and regulate
their domestic institutions in their own way."
According to the plain construction of the
sentence, the words "domestic institutions"
have a direct as they have an appropriate
reference to slavery. " Domestic institu
tions" are limited to the family. The rela
tion between master and slave and a few oth
ers are "domestic institutions," and are en
tirely distinct from institutions of a political
character. Besides, there was no question
then before Congress, nor indeed has there
since been any serious question before the
people of Kansas or the country, except that
which relates to the " domestic institution"
of slavery.
The convention, after an angry and exci
ted debate, finally determined, by a majority
of only two, to submit the question of slav
ery to the people, though at the last, forty
three of the fifty delegates present affixed
their signatures to the constitution.
A large majority of the convention were
in favor of establishing slavery in Kansas.—
They accordingly inserted an article in the
Constitution for this purpose similar in form
to those which had been adopted by other
territorial Conventions. In the schedule, how
ever, providing for the transition from a ter
ritorial to a State government, the question
has been fairly and explicitly referred to the
people, whether they will have a constitution
with or without slavery." It declares that,
before the constitution adopted by the con
vention "shall be sent to Congress for admis
sion into the Union as a State," an election
shall be held to decide this question, at
which all the white male inhabitants of the
Territory above the age of 21 are entitled to
vote. They are vote by ballot; and "the
ballots cast at said election shallbe endorsed
`constitution with slavery,' and 'constitution
with no slavery' " If there be a majority
in favor of the "constitution with slavery,"
then it is to be transmitted to Congress by
the President of the Convention in its origi
nal form. If, on the contrary, there shall be
a majority in favor of the "constitution with
no slavery," "then the article providing for
slavery shall be stricken from the constitution
by the President of this convention ;" and it
is expressly declared that "no slavery shall
exist in the State of Kansas, except that the
right of property in slaves now in the Terri
tory shall in no manner be interfered with;"
and in that event it is made his duty to have
the constitution thus ratified, transmitted to
the Congress of the United States for the ad
mission of the State into the Union.
At this election every citizen will have an
opportunity of expressing his opinion by his
vote, "whether Kansas shall be received into
the Union with or without slavery," and thus
this exciting question may be peacefully set
tled in the very mode required by the organic
law. The election will be held under legiti
mate authority, and if any portion of the in
habitants shall refuse to vote, a fair opportu
nity to do so having been presented, this will
be their own voluntary act, and they alone
will be responsible for the consequences.
Whether Kansas shall be a free or a slave
State must eventually, under some authority,
be decided by an election ; and the question
can never be more clearly or distinctly pre
sented to the people than it is at the present
moment. Should this opportunity be reject
ed,. she may be involved for years in domes
tic discord, and possibly in civil war, before
she can again make up the issue now so for
tunately tendered, and again reach the point
she has already.
Kansas has for some years occupied too
much of the public attention. It is high time
this should be directed to far more important
objects. When once admitted into the Union,
whether with or without slavery, the excite
ment beyond her own limits will speedily
pass away, and she will then for the first
time be left, as she ought have been long
since, to manage her own affairs iu her own
way. If her constitution on the subject of
slavery, or any other subject, be displeasing
to a majority of the people, no human power
can prevent them from changing it within a
brief period. Under these circumstances, it
may well be questioned whether the peace
and quiet of the whole country are not of
greater importance than the mere temporary
triumph of either of the political parties in
Should the constitution without slavery be
adopted by the votes of the majority, the
rights of property in slaves now in the Ter
ritory are reserved. The number of these is
very small; but if it were greater the pro
vision would be equally just and reasonable.
These slaves were brought into the Terri
tory under the constitution of the United
States, and arc now the property of their
This point has at length been finally deci
ded. by the highest judicial tribunal of the
country—and this upon the plain principle
that when a confederacy of sovereign States
acquire a new territory at their joint expense
both equity and justice demands that the
citizens of one and all of them shall have
the right to take into it whatsoever is recog
nized as property by the common constitu
tion. To have summarily confiscated the
property in slaves already in the Territory,
would have been an act of gross injustice,
and contrary to the practice of the older
States of the Union which have abolished
A territorial government was established for Utah by act
of Congress approved the 9th Sept. ISSO, and the constitu
tion and laws of the United States were thereby extended
over it "so far as the same, or any provisions thereof, may
be applicable." This act provided for the appointment by
the President, by and with the advice and consent of the
Senate, of a governor, who was to be ex-officio superin
tendento f Indian affitirs, a secretary, three judges of the
supreme court, a marshal, and a district attorney. Subse
quent acts provided for the appointment of the officers ne
cessary to extend our laud and our Indian system over the
Territory. Brigham Young was appointed first governor
on the 20th September, 1850, and has held the office ever
Whilst Governor Young has been both governor and su
perintendent of Indian ;ttl:tirs throughout this period. he
has been at the same time the head of the church called
the Latter-day Saints, and professes to govern its members
and dispose of their property by direct inspiration and au
thority from the Almighty. His power has been, there
fore, absolute over both Church and State.
The people of Utah, almost exclusively, belong to this
church, and believing with a fanatical spirit that he is gov
ernor of the Territory by Divine appointment, they obey
his commands as if these were direct revelations from
Heaven. If, therefore, he chooses that his government
shall come into collision with the government of the Uni
ted States, the members of the Mormon church will yield
implicit obedience to his will. Unfortunately, existing
facts leave but little doubt that such is his determination.
Without entering upon a minute history of occurrences,
it is sufficient to say that all the officers of the United
States, judicial and executive, with the single exception of
two Indian agents, have found it necessary for their own
personal safety to vvithdraw.from the Territory. and there
no longer remains any govermnent in Utah but the despo
tism of Brigham Young. This being the condition of af
third in the Territory. I could not mistake the path of duty.
As Chief Executive Magistrate, I was bound to restore the
supremacy of the Constitution and laws within its limits.
In order to effect this purpose, I appointed a new governor
and other federal officers for Utah, and sent with them a
mill ary force for their protection, and to aid as a posse
comitatus, in case of need. in the execution of the laws.
With the religious opinions of the Mormons, as long as
they remained mere opinions, however deplorable in them
selves and revolting to the moral and religious sentiments
of all Christendom, I had no right to interfere. Actions
alone, when in violation of the constitution and laws of
the United States, become the legitimate subjects for the
jurisdiction of the civil magistrate. My instructions to
Gov. Cumming have therefore been framed in strict ac
cordance with these principles. At their date a hope was
indulged that no necessity might exist for employing the
military in restoring and maintaining the authority of the
law ; but this hope has now vanished. Gov. Young has, by
proclamation, declared his determination to maintain his
power by force, and has already committed acts of hostil
ity against the United States. Unless he should retrace
his steps the Territory of Utah will be in a state of open re
belliou. Ife has committed these acts of hostility, not
, withstanding Major Van Yliet, an officer of the army, sent
to Utah by the commanding general to purchase provisions
for the troops, had given him the strongest assurances of
the peaceful intentions of the government, and that the
troops would only be employed as a posse comitatus when
called on by the civil authority to aid in the execution of
the laws.
There is reason to believe that Gov. Young has long con
templated this result. Ile knows that the continuance of
his despotic power depends upon the exclusion of all set
tlers from the Territory except those who will acknowl
edge his divine mission and implicitly obey his will; and
that an enlightened public opinion there would - soon pros
trate institutions at war with the laws both of God and
man. lie has therefore for several years, in order to main
tain his independence, been industriously employed in
collecting and fabricating arms and munitions of war, and
in disciplining the Mormons for military service. A s su
perintendent of Indian affairs he has had an opportunity
of tampering with the Indian tribes, and exciting their
hostile feelings against the United States. This, according
to our information, ho has accomplished in regard to some
of those tribes, while others have remained true to their
allegiance, and have communicated his intrigues to our
Indian agents. Be has laid in a store of provisions for
three years, which, in case of necessity, as he informed
Major Van Chet, he will conceal. "and then take to the
mountains, and bid defiance to all the powers of the gov
A great portion of this may be idle boasting; but yet
no wise government will lightly estimate the efforts which
may be inspired by such phrensied fanaticism as exists
among the Mormons of Utah. - This is the first rebellion
which has existed in our Territories; and humanity itself
requires that we should put it down in such a manner
that it shall be the last. To trifle with it would be to en
courage it and to render it formidable. We ought to go
there with such an imposing force as to convince these de
luded people that resistance would be vain, and thus spare
the effusion of blood. We can in this manner best con
vince them that we are their friends, not their enemies.—
Iu order to accomplish this object it will be necessary, ac
cording to the estimate of the War Department, to raise
four additional regiments; and this I earnestly recommend
to Congress. At the present moment of depression in the
revenues of the country I am sorry to be obliged to recom
mend such a measure; but I feel confident of the support
of Congress, cost what it may, in suppressing the insurrec
tion and in restoring and maintaining the sovereignty of
the constitution and laws over the Territory of Utah.
I recommend to Congress the establishment of a territo
rial government over Arizona, incorporating with it such
portions of New Mexico as they may deem expedient. I
need scarcely adduce arguments in support of this recom
mendation. We are bound to protect the lives and prop
erty of our citizens inhabiting Arizona, and these are now
without any efficient protection. Their present number
is already considerable, and is rapidly increasing, notwith
standing the disadvantages tinder which they labor. Be
sides, the proposed Territory is believed to be rich in min
eral and agricultural resources. especially in silver and
copper. The mails of the United States to California are
now carried over it throughout its whole extent, and this'
route is known to be the nearest, and believed to ho the
best to the Pacific.
Long experience has deeply convinced me that a strict
construction of the powers granted to Congress is the only
true, as well as the only safe, theory of the Constitution.—
Whilst this principle shall guide my public conduct, Icon
sider it clear that under the war-making power Congress
may appropriate money for the construction of a military
road through the Territories of the United States, when
this is absolutely necessary for the defence of any of the
States against foreign invasion. The constitution has con
ferred upon Congress power "to declare war," "to raise
and support armies," "to provide and maintain a navy,"
and to call thrill the militia to "repel invasions." These
high sovereign powers necessarily involve important and
responsible public duties, and among them there is none so
sacred and so imperative as that of preserving our soil
from the invasion of a foreign enemy. The Constitution
has, therefore, left nothing on this point to construction,
but expressly requires that " the United States shall pro
tect each of them [the States] against invasion." Now, if
a military road over our own Territories be indispensably
necessary to enable us to meet and repel the invader, it
follows as a necessary consequence, not only that we pos
sess the power, but it is our imperative duty to construct
such a road. It would be an absurdity to invest a govern
ment with the unlimited power to make and conduct war,
and at the same time deny to it the only means of reaching
and defeating the enemy at the frontier. Without such a
road it is quite evident we cannot " protect "Californiaand
our Pacific possessions "against invasion." We cannot by
any other means transport men and munitions of war
from the Atlantic States in sullicient time successfully
to defend these remote and distant portions of the re
Experience has proved that the routes across the isth
mus of Central America are at best but a very uncertain
and unreliable mode of communication. But even if this
were not the case, they would at once be closed against
us in the event of war with a naval power so much stron
ger than our own as to enable it to blockade the ports
at either end of these routes. After all, therefore, we
can only rely upon a military road through our own ter
ritories; and ever since the origin of the government
Congress has been in the practice of appropriating money
from the public treasury for the construction of such
The difficulties and the expense of constructing a mili
tary railroad to connect our Atlantic and Pacific States
have been greatly exaggerated. The distance on 'the Ari
zona route near the 32d parallel of north latitude, between
the western boundary of Texas on the Rio Grande and the
eastern boundary of California on the Colorado, from the
best explorations now within our knowledge, does not ex
ceed four hundred and seventy miles, and the face of the
country is, in the main, favorable. For obvious reasons
the government ought not to undertake the work itself
by means of its own agents. This ought to be committed
to other agencies, which Congress might assist either by
grants of land or money, or by both, upon such terms and
conditions as they may deem most beneficial for the coun
try. Provision might thus be made not only for the safe,
rapid, and economical transportation of troops and -muni
tions of war, but also of the public mails. The commer
cial interests of the whole country, both East and West,
would be greatly promoted by such a road; and, above all,
it would be a powerful additional bond of union. And al
though advantages of this kind, whether postal, commer
cial, or political, cannot confer constitutional power, yet
they may furnish auxiliary arguments in favor of expedi
ting a work which, in my judgment,. is clearly embraced
within the war-making power.
For these reasons I commend to the friendly considera
tion of Congress the subject of the Pacific railroad,. with
out finally committing myself to any particular route.
The report of the Secretary of the Treasury will furnish
a detailed statement of the condition of the public finances
and of the respective branches of the public service de
volved upon that department of the government. By this
report it appears that the amount of revenue received
from all sources into the treasury during the fiscal year
ending the 30th June, 1857, was sixty-eight million six
hundred and thirty-one thousand five hundred and thir
teen dollars and sixty-seven cents, ($68,631,513 67,)
which amount, with the balance of nineteen million nine
hundred and ono thousand three hundred and twenty-five
dollars and forty-five cents, (10,901,325 45,) remaining in
the treasury at the commencement of the year, made an
aggregate for the service of the year of eighty-eight mil
lion five hundred and thirty-two thousand eight hundred
and thirty-nine dollars and twelve cents, ($88,532,539 12.
The public expenditures for the fiscal year ending
June, 1817, amounted to seventy million eight hundred
and twenty-two thousand seven hundred and twenty-four
dollars and eighty-five cents, ($70,822.724 85,) of which five
million nine hundred and forty-three thousand eight hun
dred and ninety-six dollars and ninety-one cents, ($5,9.1.3,-
896 91) were applied to the redemption of the public debt,
including interest and premium, leaving in the treasury
at the commencement of the present fiscal year on the Ist
July, 1857, seventeen million seven hundred and ten thou
sand one hundred and fourteen dollars and twenty-seven
cents, ($17,710,11.1 27.)
The receipts into the treasury for the first quarter of
the present fiscal year, commencing Ist July, 1857, were
twenty million nine hundred and twenty-nine thousand
eight hundred and nineteen dollars and eighty-due cents,
($20.929,819 81,) and the estimated receipts of the remain
ing three quarters to the 30th June, 1851, are thirty-six
million seven hundred and fifty thousand dollars, ($36,-
750,0000 making with the balance before stated.-an aggro
gate of seventy-five million three Imndred and eighty-nine
thousand nine hundred and thirty-four dollars and eight
cents, ($75,389,931 080 for the service of the present fiscal
Tho actual expenditures during the first quarter of the
present fiscal year were twenty-three million seven hun
dred and fourteen thousand five hundred and twenty-eight
dollars and thirty-seven cents, ($23,714,528 37,) of which
three million eight hundred and ninety-five thousand two
hundred and thirty-two dollars and thirty-nine cents. ($3,-
895,232 39,) were applied to the redemption of the public
debt, including interest and premium. The probable ex
penditures of the remaining three quarters, to 30th June,
1858. are fifty-one million two hundred and forty-eight
thousand five hundred and thirty dollars and four cults,
($01,248,330 0.1,) including interest on the public debt.
making an aggregate of seventy-four million nine hundred
and sixty-three thousand fifty-eight dollars and forty-one
cents, ($74,963,058 41, leaving au estimated balance in the
treaqury at the close of the present fiscal year of four hun
dred and twenty-six thousand eight hundred and seventy
five dollars and sixty-seven cents, ($426,875 67.)
The amount of the public debt at the commencement of
the present fiscal year was twenty-nine million sixty thou=
sand three hundred and eighty-six dollars and ninety
cents, ($29,060,386 90.
The amount redeemed since the let of July was three
million eight hundred and ninety-five thousand two hun
dred and thirty-two dollars and thirty-nine cents, ($3,895,-
232 39)—leaving a balance unredeemed at this time of
twenty-five million ono hundred and sixty-five thousand
one hundred and fifty-four dollars and fifty-one - cents,
The amount of estimated expenditures for the remain
ing three-guarters of the present fiscal year will, in all
probability, be increased from the causes set forth in the
report of the Secretary. His suggestion, therefore, that
authority should be given to supply any temporary defi
ciency by the issue of a limited amount of treasury notes,
is approved, and I accordingly recommend the passage of
such a law.
As stated in the report of the Secretary, the tariff of
March 3, ISM, has been in operation for 60 short a period
of time, and under circumstances so unfavorable to ajust
development of its results as a revenue measure, that I
should regard it as inexpedient, at least for the present, to
undertake its revision.
I transmit herewith the reports made to me by the Sec
retaries of War and of the Navy, of the Interior and of
the Postmaster General. They all contain valuable and
important information and suggestions which I commend
to the favorable consideration of Congress.
I have already recommended the raising of four addi
tional regiments, and the report of the Secretary of War
presents strong reasons proving this increase of the army,
under existing circumstances, to be indispensable.
I would call the special attention of Congress to the re
commendation of the Secretary of the Navy in favor of the
construction of ten small war steamers of light draught.
For some years the government has been obliged on many
occasions to hire such steamers from individuals to supply
its pressing wants. At the present moment we have no
armed vessel in the navy which can penetrate the rivers
of China. We have but few which can enter any of the
harbors south of Norfolk, although many millions of for
eign and domestic commerce annually pass in and out of
these harbors. Some of our most valuable interests and
most vulnerable points aro thus left exposed. This class
of vessels of Mght draught, great speed, and heavy guns,
would be formidable in coast defence. The cost of their
construction will not be great, and they will require but
a comparatively small expenditure to keep them in com
mission. In time of peace they will prove as effective as
much larger vessels, and often more useful. One of them
should be at every station where wo maintain a squadron,
and three or four should be constantly employed on our
Atlantic and Pacific coasts. Economy, utility and efficien
cy combine to recommend them as almost indispensable.
Ten of these small vessels would be of incalculable advan
tage to the naval service, and the whole construction
would not exceed two million three hundred thousand dol
iars, or $230,000 each.
The report of the Secretary of the Interior is worthy of
grave consideration. It treats of the numerous, important,
and diversified branches of domestic administration in
trusted to him by law. Among these the most prominent
are tho public lands and our relations with the Indians.
Our system for the disposal of the public lands origina
ted with the fathers of the republic, has been improved as
experience pointed the way, and gradually adapted to the
growth and settlement of our western States and Territo
ries. It has worked well in practice. Already thirteen
States and seven Territories have been carved out of these
lands and still more than a thousand millions of acres re,
main unsold. What a boundless prospect this presents to
our country of future prosperity and power!
We have heretofore disposed of 363,822,461 acres of the
public land.
Whilst the public lands as a source of revenue are of
great importance, their importance is far greater as fur
nishing, homes for a hardy and independent race of honest
and industrious citizens, who desire to subdue and culti
vate the soil. They ought to be administered mainly with
a view of promoting this wise and benevolent policy. In
appropriating them for any other purpose, we ought to
use even greater economy than if they had been converted
into money and the proceeds were already in the public
treasnry. To squander away this richest and noblest in
heritance which any people have ever enjoyed upon objects
of doubtful constitutionality or expediency, would be to
violate one of the most important trusts ever committed to
any people. Whilst Ido not deny to Congress the power,
when acting Isma fide as a proprietor, to give away por
tions of them for the purpose of increasing the value of
the remainder, yet, considering the great temptation to
abuse this power, we cannot be too cautious in its exer
Actual settlers under existing laws are protected against
other purchasers at the public sales, in their right of pre
emption, to the extent of a quarter section, or 160 acres of
land. The remainder may Ott:mile disposed of at public
or entered at private sale in unlimited quantities.
Speculation has, of late years, prevailed to a great ex
tent in the public lands The consequeece has been that
large portions of themllave become the property of indi
viduals and companies, and thus the price is greatly en
hanced to those who desire to purchase for actual settle
ment. In order to limit the area of speculation as much
as possible, the extinction of the Indian title and the ex
tension of the public surveys ought only to keep pace
with the tide of emigration.
If Congress should hereafter grant alternate sections to
States or companies, as they have done heretofore, I rec
ommend that the intermediate sections retained by the
government should be subject to pre-emption by actual
It ought ever to be our cardinal policy to reserve the
public lazds as much as may be for actual settlers, and
this at moderate prices. We shall thus not only best pro
mote the prosperity of the new States and Territories, and
the power of the Union, but shall secure homes for our
posterity for many generations.
The extension of our limits has brought within our ju
risdiction many additional and populous tribes of Indians,
a large proportion of which are wild, untractable, and dif
ficult to control. Predatory and warlike in their disposi
tion and habits, it is impossible altogether to restrain them
from committing aggressions on each other, as well as
upon our frontier citizens and those emigrating to our dis
tant States and Territories. Thence expensive military ex
peditions are frequently necessary to overawe and chastise
the snore lawless and hostile.
The present system of making them valuable presents
to influence them to remain at peace, has proved ineffec
tual. It is believed to be the better policy to colonize
them in suitable localities, where they can receive the ru
diments of education and be gradually induced to adopt
habits of industry. So far as the experiment has been
tried it has worked well in practice, and it will doubtless
prove to be less expensive than the present system.
The whole number of Indians within our territorial
limits is believed to be, from the best data in the Interior
Department, about 325,000.
The tribes of Cherokees, Choctaws, Chickasaws, and
Creeks, settled in the territory set apart for them west of
Arkansas, are rapidly advancing in education and in all
the arts of civilization and self-government; and we may
indulge the agreeable anticipation that at no very distant
day they will be incorporated into the Union as one of the
sovereign States.
It will be seen from the report of the Postmaster Gen
eral that the Post Office Department still continues to de
pend on the treasury, as it has been compelled to do for
several years past, for an important portion of the means
of sustaining and extending its operations. Their rapid
growth and expansion are shown by a decennial state
ment of the number of post offices, and the length of post
roads, commencing with the year 1827. In that year
there were 7,000 post offices; in 1837, 11,177; in 1847, 15,-
146; and in 1857 they number 26,586. In this year 1,725
post offices have been established and 704 discontinued,
leaving a not increase of 1,021. The postmasters of 368
offices are appointed by the President.
The length of post•roads in 1827 was 105,336 miles; in
1837, 141,242 miles; in 1847, 153,818 miles; and in the
year 1857 there are 242,601 miles of post road, including
22,530 miles of railroad, on which the mails are trans
The expenditures of the department for the fiscal year
ending on the 30th of June, 1857, as adjusted by the Audi
tor, amounted to $11,507,670. To defray these expenditures
there was to the credit of the department on the Ist July,
1856, the sum of $789,599; the gross revenue of the year,
including the annual allowr.nces for the transportation of
free mail matter, produced $5,053,951; and the remainder
was supplied by the appropriation from the treasury of
$2,250,000. granted by the act of Congress approved Au
gust 18, 1856, and by the appropriation of $666,883 made
by the act of March 3, 1857, leaving $252,763 to be carried
to the credit of the department in the accounts of the cur
rent year. I commend to your consideration the report of
the department in relation to the establishment of the
overland route from the Mississippi river to San Francisco,
California. The route was selected with my full concur
rence, as the one, in my judgment, best calculated to at
tain the important objects contemplated by Congress.
The late disastrous monetary revulsion may have one
good effect, should it cause both the government and the
people to return to the practice of a wise and judicious
economy, both in public and private expenditures.
Au overflowing treasury has led to habits of prodigality
and extravagance in our legislation. It has induced Con
gress to make large appropriations to objects for which
they never would have provided had it been necessary to
raise the amount of revenue required to meet them by in
creased taxation or by loans. We are now compelled to
pause in our career, and to scrutinize our expenditures
with the utmost vigilance; and in performing this duty, I
pledge my co-operation to the extent of my constitutional
It ought to be observed at the same time, that true pub
lic economy does not consist in withholding the means ne
cessary to accomplish important national objects intrusted
to us by the constitution, and especially such as may be
necessary for the common defence. In the present crisis
of the country it is our duty to confine our appropriations
to objects of this character, unless in cases where justice
to individuals may demand a different course.
In all cases care ought to he taken that the money
granted by Congress shall be faithfully and economically
Under the federal constitution, "every bill which shall
have passed the House of Representatives and the Senate
shall, before it becomes a law," be approved and signed by
the President; and, if not approved, "he shall return it
with his objections to that house in which it originated."
In order to perform this high and responsible duty, suffi
cient time must be allowed the President to read and ex
amine every bill presented to him for approval. Unless
this be afforded, the constitution becomes a dead letter in
this particular; and even worse, it becomes a means of de
ception. Our constituents, seeing the President's approval
and signature attached to each act of Congress, arc induced
to believe that he has actually performed this duty, when,
in truth, nothing is, in many cases, more unfounded.
- - -
From the practice of Congress, such an examination of
each bill as the constitution requires, has been rendered
impossible. The most important business of each session
is generally crowded into its last hours, and the alternative
presented to the President is either to violate the constitu
tional duty which he owes to the people, and approve bills
which, for Nvant of time, it is impossible he should have
examined, or, by his refusal to do this, subject the country
and individuals to great loss and inconvenience.
Besides, a practice has grown up of late years to legis
late in appropriation bills, at the last hours of the session,
on new and important subjects. This practice constrains
the President either to suffer measures to become laws
which he does not approve, or to incur the risk of stopping
the Avheels of the government by vetoing an appropriation
bill. Formerly, such bills were confined to specific appro-
Priations for carrying into effect existing laws and the well
established policy of the country, and little time was then
required by the President for their examination.
For my own part, I have deliberately determined that I
shall approve no bill which I have ru examined, and it
will be a case of extreme and most urgent necessity which
shall ever induce me to depart from this rule. I therefore
respectfully, but earnestly, recommend that the two
houses would allow the President at least two days previ
ous to the adjournment of each session within which no
new bill shall be presented to him for approval. Under
the existing joint rule one day is allowed; but this rule
has been hitherto so constantly suspended in practice, that
important bills continue to be presented to him up till the
very last moments of the session. In a large majority of
cases no great public inconvenience can arise from the
want of time to examine their provisions, because the
constitution has declared that if a bill be presented to the
President within the last ten days of the session he is not
required to return it, either with an approval or with a
veto, "in which case it shall not be a law." It may then
lie over, and be taken up and passed at the next session.
Great inconvenience would only be experienced in regard
to appropriation bills; but fortunately, under the late ex
cellent law allowing a salary, instead of a per diem, to
members of Congress, the expense and inconvenience of a
called session will be greatly reduced.
I cannot conclude without commending to your favora
ble consideration the interests of the people of this Dis
trict. Without a representative on the floor of Congress,
they have for this very reason peculiar claims upon our
just regard. To this I know, from my long acquaintance
with them, they are eminently entitled.
WASILLNGTON, Dec. 8, 1857.
a precept to me directed, dated at Huntingdon, the
Ist day of November, A. D. 1857, under the hands and
seals of the Hon. George Taylor, President of the Court of
Common Pleas, Oyer and Terminer,
and general jail deliv
ery of the 24th Judicial District of Pennsylvania, compo
sed of Huntingdon, Blair and Cambria counties; and the
lions. Benjamin F. Patton and John Brewster, his associ
ates, Judges of the county of Huhtingdon, justices as
signed, appointed to hear, try and determine all and every
indictments made or taken for or concerning all crimes,
which by the laws of the State are made capital, or felon
ies of death, and other offences, crimes and misdemeanors,
which have been or shall hereafter becommitted or perpe
trated, for crimes aforesaid—l am commanded to make
public proclamation throughout my whole bailiwick, that
a Court of Oyer and Terminer, of Common 'Pleas and
Quarter Sessions, will bo held at the Court Home in the
borough of Huntingdon, on the•second Monday (and 11th
day) of January next, and those who will prosecute the
said prisoners, be then and there to prosecute them as it
shall be just, and that all Justices of the Peace, Coroner
and Constables within said county, be then and there in
their proper persons at 10 o'clock , a. m. of said day, with
their records, inquisitions, examinations and remembran
ces, to do those things which to their offices respectively
Dated at Huntingdon the 14th of December, in the year of
our Lord ono tigtusand eight hundred and fifty-seven,
and the Slat year of American Independence.
a precept to me directed by the Judges of the Com
mon Pleas of the county of Huntingdon, bearing test the
21st day of November, 1857, I am commanded to make
Public Proclamation throughout my whole bailiwick, that
4 Court of Common Pleas will be hold at the Court House
in the borough of Huntingdon, on the 3rd Monday (and
18th day) of January, A. D., 1857, for the trial of all
issues in said Court which remain undetermined before
the said Judges, when and whore all jurors, witnesses, and
suitors, in the trials of all issues are required.
Dated at Huntingdon the 14th December, in the year of
our Lord 1857, and the 81st year of American Independ
ence. GRAFFUS MILLER, Shcreil:
SHERIFF'S Orrzcz, )
Huntingdon, Dec. 11. 1557. I
SHERIFF'S SALES.—By virtue of
sundry writs of test., vend. exp., lev. facias, and 11. fa.,
to me directed, I will expose to public sale or outcry, at
the Court House, in the borough of Huntingdon ; on MON
DAY, the 11th day of January, 1858, at 10 o'clock, a. m.,
the following described real estate, to wit :
All defendant's right and interest in and to
the following described tract of land situate in Hopewell
township, Huntingdon county, bounded on the north by
lands of heirs of Peter Shoenberger, decd, on the cast and
north east by lands of Jacob Russell, on the south by lands
of John B. Weaver, and on the west by lands of Lewis
Krugger, and Peter Tries, containing 41 acres, more or
less, leaving thereon a large two-story stone house, frame
stable, and other out-buildings and improvements, about
20 acres of cleared land, and a valuable iron ore bank
which has been opened and worked. Seized and taken in
execution and to be sold as the property of William Fisher.
Also—All the right, title and interest of
defendant, of, in and to the undivided one-fourth part of a
certain tract of coal land, situated in Tod township, Hun
tingdon county, adjoining the Houck coal bank tract and
others, containing in the whole 400 acres, more or less, the
same being that part and interest in said tract of land sub
scribed by George W. Speer, to the deft. Seized and taken
in execution and to be sold as the property of the Cassville
Seminary.—All that certain messuage and tract
of land, situate in Barre° township, on the east branch of
Stone creek, bounded and described as follows, viz : begin
ning at at a sugar tree; thence by lands of Thomas Kyler's
heirs south forty degrees east, two hundred and thirteen
perches to a black oak; thence north fifty degrees east,
forty-eight perches to a chestnut oak; thence north twenty
two degrees east, ninety perches to a black oak ; thence
north fifty degrees east, thirty-two perches to a post;
thence north forty-eight degrees west, ninety perches to a
sugar.tree ; and thence down the east branch of Stone
Creek, by the several courses and distances thereof to the
place of beginning; containing 153 acres and 128 perches,
with the usual allowance. Seized and taken in execution
and to be sold as the property of Allen Green, decd, in the
hands of John P. Stewart, administrator.
ALSO—TWO lots of ground in the borough
of Shirleysburg, fronting on Main street 160 feet and ex
tending to back street 140 feet, having thereon erected a
largo two and a half story brick house 48 feet front and ex
tending back 33 feet, with back building 18 by 28, wood
house and ice house and all out-buildings. Also; a two ;
story frame office and No. in plan of said town, and ad
joins lot of M. S. Harrison on the south, and on the north
by a street leading to Love's Valley. Also, a lot of ground,
being a corner lot of ground 60 feet front, extending back
140 feet to an alley or street having thereon erected a large
two story brick store house with a frame warehouse at
tached, house is —by and in said borough. Also, an
island of land, about 17 acres, more or less, in a good state
of cultivation in the township of Shirley, adjoining lands
on the west of Isaac Sharrer, and the Aughwick creek on
the north east and west. Also, a two acre liet of ground,
more or less, in the township of Shirley, bounded by the
Poor House land on the north, Win. B. Leas on the east,
Etnire on the west, and Mrs. Ramsey on the south, and un
der fence.
Also—About 25 acres of land, more or less, situate ire
Shirley township, and adjoins lands of D. Fraker's heirs on
the south, Anghwick creek on the west, Bullet Lane and
John Lutz on , the north, and back street on the east, clear
and under fence.
Also—About 3 acres of land, more or less, "situate in
Shirley township, bounded on the north by John More, on
the east by Peter Meyers, and on the south by Peter Etnire,
and on the west by Public Road leading to Germany Val
ley, having thereon erected a frame barn 35 by 46 with
corn crib and wagon shed, and a young apple orchard.—
Seized and taken in execution and to be sold as the prop
erty of James G. Lightner.
ALSO—The defendant's interest in and to
ono lot of ground in the borough of Shirleysburg, Shirley
township, having thereon erected a two-story log house
and back kitchen fronting on Main street 00 feet, extend
ing back to an alley 140 feet, adjoins lots on the north, the
Baptist church on the south, and an alley that divides the
property of William McNite from said defendant's. Seized
and taken in execution and to be sold as the property of
G. W. Hudson.
ALso-A.All that certain plantation, tract,
piece or parcel of land situate iu Shirley township, Hun
tingdon county,:east of Drake's Perry, adjoining the Juni
ata river, lands of John Sharrer, - licholas and Wm. Sha
ver, Andrew Pollock's heirs. and others, containing 176
acres, more or less, on part of which the town of Mount
Union is laid out—excepting and excludinr , the ground
now in the possession of the Penn'a RailroneCo., and the
following town lots in the re<.:orded plan of said town of
Mount Union, being numbered respectively Nos. 3,4, 3,6,
17, 12,15, 18, 19, 20, 21, 22, 24,1, 2,7, 10, 13, 16, 23, 8,9,
14, 17, 33, 74 and the lot of ground in possession of the
Methodist Episcopal Church, and on which the church
now stands. Seized and taken in execution and to be sold
as the property of John Dougherty.
Aiso—A tract of land situate in Porter
township, Huntingdon county, bounded by lands of Gen.
A. P. Wilson on the east, of John S. Isett and William D.
Robb's heirs on the north, other lands of defendant on the
west. and of Thomas Whittaker, Goo. Lamp and estate of
John racCaban, deceased, and other lands of defendant on
the south, containing about 358 acres, more or less, being
part of the same large tract of land which was conveyed
to John Iluyett (father of the defendant) by Patrick Gwin,
Esq., Sheriff of said county, as the property of John Tanan,
by deed acknowledged thirteenth November, 1818, having
thereon a frame bank barn, a log dwelling house one and
a half stories high, and about 100 acres cleared.
Also—A tract of land in same township of Porter, ad
joining the lands of tho heirs of William. D. Robb, dec'd,
and other lands of defendant on the north, lands of Jacob
G. Huyett's heirs on the south, other lands of defendant on
the east, lands of Henry Knode on the south and west,
containing about 220 acres, more or less, all cleared and'
cultivated, being the tract of laud on which defendant
now resides, and which was conveyed by Ludwick lluyctt
to John Huyett (Father of Defendant) by deed dated twen
ty sixth June, eighteen hundred and nine and duly re
corded; Ices about seventeen acres conveyed by defendant
to Wm. Robb, having thereon two bank barns, each about
forty seven by eighty feet, a large stone dwelling house,
three stories high and the usual out-buildings.
Also—A tract of land in said township of Porter, ad
joining lands of William D. Robb's heirs on the north,
other lands of John Huyett on the cast and west, Thomas
Whittaker on the south, containing about 102 acres and
allowances, greater part of it cleared and cultivated.
Also—A. tract of land in same township of Porter, ad
joining other lands of .Tolin Huyett on the north, east, anti
west, and of Thomas Whittaker ou the south, containing
89 acres, more or less, being the same conveyed by Benja
min Elliott and wife to John Huyett, (defendant's father)
by deed dated 18th November, 1796, duly recorded.
Also—A small tract of unseated land situate in Porter
township aforesaid, containing 27 acres and 22 perches and
allowance, surveyed upon a warrant to John Ilnyett, da
ted 28th August, 1843. Seized and taken in execution and
to be sold as the property of John linyett.—A tract of land situate in the town
ship of Henderson, in the county of Huntingdon, bounded
by lands of Orbison & McMurtrie, Robert Allison's devi
sees, Dr. William Swoope, Samuel Friedley, and lands of
the minor children of Alex. Gain, dee'd, containing two
hundred and twenty-six acres and ninety-one perches and
allowance, having thereon a log house and barn, with
about fifty acres cleared, it being the same tract which
was devised by Patrick Gwin, deceased, to his son George
Gwin, who, by deed conveyed the same to the said Alex.
Gwin, &c., together with the hereditaments and appurte
nances. Seized and taken in execution and to be sold as
the property of Christian Couts.
Surrm's OFFICE,
I Huntingdon, Dec. 16, 1857.
11.EGISTER'S NOTlCE.—Notice is
hereby given to all persons interested, that the fol
lowing named persons have settled their accounts in the
Register's Office, at Huntingdon, and that the said accounts
will be presented for confirmation and allowance, at an
Orphans' Court, to he held at Huntingdon, in and for the
county of Huntingdon, on Wednesday, the 13th day of
January next, to wit:
1. Peter F. Kessler, administrator of the estate of Wil
liam McCartney, late of Henderson township, dec'd.
2. John Hefner, administrator of the estate of William
Wilson, late of Pulaski county, Indiana, deed.
3. John Reed, administrator of the estate of Thomas
Reed, late of the borough of Huntingdon, deed.
4. Partial administration account of Dr. Henry Orlady,
administrator of Joshua R. Cox, who was administrator of
Esther Cox, late of Warriorsmark township, dee'd.
5. William Stewart, administrator of the estate of Jon
net Stewart, late of West township, dec'd.
6. John Aurandt and Robt. Tussey, executors of the last
will and testament of John Sprankle, late of Morris town-
ship, dec'd.
7. Trust account of George W. Speer, acting trustee, ap
pointed by the Orphans' Court to make sale of the real es
tate of Robert Speer, dec'd.
S. Trust account of Henry Lightner, trustee, appointed
by tho Orphans' Court, to make sale of the real estate of
Henry Lightner, late of West township, dec'd.
9. Trust account of James Saxton, trustee°, appointed
by the Orphans' Court, of the estate of George Helfright,
late of the borough of Huntingdon, deed.
10. Guardianship account of Henry B. Myton, guardian
of Rosetta Stewart, a minor child of Anthony 5. Stewart,
late of Morris township, dec'd.
11. Guardianship account of George Sipes, guardian of
Richard, Elizabeth, Loretto and Evaline Wharton, minor
children of Samuel N. Wharton, late of Cromwell town
ship, clec'd.
12. Alfred B. Crewit (now dec'd) administrator of Dr.
Jacob 1-Icilfinan, late of the borough of Huntingdon. dec'd,
as stated and filed by Jane D. Crewit, executrix of the said
A. B. Crewit, dec'd. HENRY GLAZIER, li'egister.
Huntingdon, Dec. 16, 1857.
DIVITT would respectfully inform their numerous
customers and the public generally that, notwithstanding
the " pressure of the times," they still continue to doal
out, at their old stand in Market Square, all kinds of Gro
ceries, Confectionaries, Fruits, Tobacco, Segars of every
grade from Half Spanish to the genuine Principe, La Na
tional, &c., &c., at greatly reduced prices. Having learned
from past experience, that the credit system is a dangerous
one to all parties, we have determined to reduce our busi
ness to cash or Its equivalent, and shall be able to sell on
the most reasonable terms, as our stock has been purchas
ed at the lowest cash prices. Call and see us, friends,
Huntingdon, Dec. 16, 1857,
IDIERSONS knowing themselves indebt
odx to the undersigned are respectfully requested to
call and settle their accounts. LOVE & McDIVITT.
Huntingdon. Dec. IG. 1857:
STRAY COW,--Came to the premises
of the subscriber; in the borough of Birmingham,
riorsmark township, Huntingdon county, on 0. ••
the 7th day of December inst., a brindle COW, p‘fq
about six years old, with a white face, clark color- i!‘ .l "*. _
ecl star in her face, and a short tail. The owner is request
ed to come forward, prove property, pay charges, and take
her away, otherwise sho will be disposed of according to
Dec.lE, 1857.
STRAY HEIFER.—Came to the prem
ises of the subscriber, residing in Henderson town
s p, about the let of October last, a ICED HEIFER, with
a small white spot on each flank, the right ear cropped, ap
parently by a dog—supposed to be from 18 months to two
years old. The owner is requested to come forward', prove
property, pay charges and take her away, or she will bet
disposed of as the law directs
December 16,1857.0
M. MeN. WALSH, Principal,
Prof. of Languages and Philosophy.
Prof. of German Langnage and id/era/ire.
Prof. of French and Piano Music.
Prof. of Mathematics, etc.
Mrs. M. :NUN. WALSH', Preceptress,
Grecian Painting, Botany, History, etc.
.Monocronzatics, Painting, Drawing, etc,
Piano Music and .French.•
_ .
IM.This Institution has lately fallen into new hande,
and the present owners are determined to make it a first
class school. The majority of the new faculty aro already
on hand, and students will be received as soon as they
Young ladies and gentlemen intending to go to school
will do well to write to us before concluding to go else
where. There is no cheaper, and we believe there wiU be no
better school nsnv than ours.
Both sexes aro received, all branches aro taught, and
students can enter at any time. For other information
address John D. Walsh, Citasville, iluntingdon county, Pa.
December 9,1857.
lIOUSE , LOT, and OUTLOT, for sale..
The subscriber, intending to move West in
the Spring, offers for sale the house and lot now , 41
occupied by him in the borough of Huntingdon. e
The lot fronts 50 feet on Washington street, rnn
ning back 200 feet to Mifflin street, on which is a two-story
house well finished, a kitchen, wood house, well of water
at the door, and a stable.
Also, a FOUR ACRE OUT-LOT, on Stone Creek, near the
borough, now in timothy.
If the above property is not sold before the 28th of De
cember inst., it will on that day be offered at public sale.
Terms made known on application to the subscriber.
December 2, 1857. THOS. L. STATES.
ASSIGNEE'S SALE.—The subscriber
will offer at Public Sale, at Markleshnrg, Hunting=
tion county, at one o'clock, p. m., on SATURDAY, the 19th'
of December, 1857, the entire stock anti fixtures in ant::
about the store lately occupied by David IL Campbell. The
whole will be sold together. Persons wishing tepv.rehase,
can examine the stock in the meantime.
Terms of sale will be made known on the day of sale, or
previously, on application to the subscriber.
Assignee of D. H. Campbell.
Markieshurg, Dec. 2, 1857.
_,LUNIER'S ESTATE.—The undersigned Auditor, appoint
ed to distribute the fund or assets in the hands of A. L.
Grim, administrator of Jacob .Numer, late of Huntingdon
Borough, decd, will attend at his office in the borough of
Huntingdon, on Saturday, the 26th of December, nest, at
10 o'clock, a. ra., for that purpose ; and all persons are re
quired to present their claims before such Auditor at that
time or be debarred from coming in for a share of such as
sets or fund. A. W. BBNEDICT, Auditor.-
December 2,1857-4 t.
4 MARY GILLILAND, dec'd.—All persons interested
are hereby notified that Letters Testamentary have been
granted to the undersigned Executor of the last will and
testament of MARY GILLILAND, late of Tell township,
Huntingdon county, dec'd., and all persons hating claims
or demands against said estate will present them without
delay, and those indebted to said estate will make imniedi
ate payment. JAMES GIF.FORD, Executor.
December 9, 1557.*
UABLE REAL ESTATE. By virtue of an alias or
der of the Orphans' Court of Huntingdon county, I will
offer at Public Sale, on the premises, on WEDNESDAY,
23d day of December, 1857, at 10 o'clock a. m., the follow
ing Real Estate, late of John Conrad, Esq., deceased, to
ONE LOT OF GROUND, at McAlavy's Fort, in the town
ship of Jackson; bounded on the North, West, and South
by lands of Robert Mcßurney, and on _the East
by lands of the said 3lcßurney, now occupied by 4 ,
Wm. Hunt, containing ,
ONE HALF ACRE', more in pi
or less, and having thereon erected a TWO-STORY -
DWELLING , HOUSE. part of which is now occupied as a
Store house; Stable, Wood house and other improvements.
TERMS OF SALE.—One third of the purchase money to
be paid on confirmation of the sale, and the balance in two
equal annual payments with interest from the date of the
confirmation; to be secured by the bonds and mortgage
of the purchaser.
N. B. Possession of the said property will be given on
the first day of April next. The rents due or to become
due under the lease of the said property to Wm. hunt, aro
reserved from the effect of the sale of the said property.
Decomber 17, 1857
PHAN'S' COURT SALE.—In pursuance of an Order
of the Orphans' Court of the county of Huntingdon, I will
offer at Public Sale, in the borough of Huntingdon, oh
SATURDAY, 26th December, 1857, at 1 o'clock, p. M.. the
following described Real Estate of Alexander G win, decd,
to wit:
A Plantation or Tract of Land, situate in the township
Of _Henderson, in the county of Huntingdon, adjoining
land of John McCahan's heirs, Christian Coats,
Samuel Friedley, John Simpson and Elisha Shoe
en. maker, containing 225 acres, or thereabouts, be
• ti the same more or less, of which there are about
150 acres cleared, having thereon a large frame bank barn,
log dwelling house, apple orchard, a good well of water,
Sze. Said tract of land is distant from Huntingdon two
miles, a public road leading from Huntingdon to Ennis
ville passes through it, and on the east it is bounded by
Stone Creek ; said farm is well adapted to raising stock,
having a large quantity of meadow thereon.
TERMS OF SALE.--bne fourth of the purchase money
to be paid on confirmation of the sale, the balance in three
equal annual payments with interest, payable annually, to
be secured by the bonds and mortgage of the purchaser.
Guardian of the minor children of Alexander Gwin, and
Charles A. Gwin. December 2, 1857.
ESTATE.—fIy virtue of an order of the Orphans'
Court of Huntingdon county, I will expose to public sale
on the premises, on WEDNESDAY the 30th day of DE
CEMBER, next, at 11 o'clock in the forenoon,
All that certain Farm and Tract of Land,
situate in Cromwell township, Huntingdon county, adjoin
ing lands of James Colegate on the north, bounded by Big
Aughwick creek on the east, lands of Simon Gratz
and George Swartz on the south, and lands of Price's 4,
heirs on the north, containing 160 ACRES, more or 13
less, about 100 acres of which are cleared, and having there
on a log DWELLING HOUSE, log barn, and other improve
ments. Said property is about 2% miles from Orbisonia,
and about 3 miles from Sbirleysburg.
TERMS—One third of the purchase money to be paid on
the confirmation of the sale, and the residue in two equal
annual payments thereafter, with interest, to be secured
by , the bonds and mortgage of the purchaser.
Attendance will be given, by DAVID HICKS,
Guardian of John Flasher and Jacob Flasher_
December 9, 1857.
By virtue of a second alias order of the Orphans' Court
of Uuntingdon county, there Will be sold at public vendue
or outcry on the premises, on
between the hours of 10 A. M. and 2 P. 741., a TRACT OP'
LAND, situate in Shirley township, Huntingdon county,
bounded by Juniata-river on the east; by lands of Swis
heart heirs on the north; by Aughwick creek on the north
west; by lands of James M. Bell on the south; and by
lands of Bell's heirs and Oliver Etnler on the south west,
more or loss; about one hundred of which aro cleared and
under cultivation, having thereon erected a TWO STORY
STONE DWELLING HOUSE, with kitchen attached, a
stone bank barn, stone spring house, tenant house, &c., &c.
Also, on said premises, is an iron ore bank, orchard, &e.,.
being the real estate of Dawson C. Sraawley, dec'd.
TERMS OF SALE.—One third of the purchase money
to be paid on confirmation of sale; and the residue in two
equal annual payments, with interest, to be secured by the
bonds and mortgage of the purchaser. Due attendance
given on the day of sale by. HENRYBREWSTER,
Adner of Dawson C. Smawley, dec'd.
Nov., 18, /857-st.
si g ned Auditor, appointed to distribute the fund in.
t e hands of Graffias Miller, Esq., Sheriff, arising from the
sale of the Real Estate of the Cassville Seminary, will at
tend for that purpose at his office in the borough of lium.
tingdon, on Thursday, December 24th, 1857, at 10 o'clock,
a.. m. All persons are required to present their claims be
fore such Auditor at that time or be debarred from coming
in for a share of such fund.
December 2, 1857
Primary English
A. W. BENEDICT, Auditor