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THE HUNTINGDON GLOBE, A DEMOCRATIC FAMILY JOURNAL, DEVOTED TO LOCAL AND GENERAL NEWS, &C.
Ron. Robert S. Walker's Resignation of '
the Governorship of Kansas.
WASHINGTON cnr, Dec. 13, 1557.
tro7i. Lcw's Secret (ci9 of State:
San: I resign the °thee of Governor of the territory of
Kansas. I have been most reluctantly forced to this con
elusion, after anxious and careful consideration of my duty
to the country, to the 'people of Kansas, to the Pre.,ldent
of the United States, and to myself. The grounds assu , aed
by the Dreshlent, iu his late message to Congress, and in
recent instructions, in connection With the events now
transpiring here and in Kansas, admonish rue, that as
Governor of that Territory, it will no longer be in my
power to preserve the peace or promote the public wel
At the earnest solicitation of the President, after repeat
ed refusals, the last being in writing, I finally accepted
this office, upon his letter showing the danger and difficul
ties of the Kansas question, and the necessity of my un
dertaking the task of adjustment. Under these circum
stances, notwithstanding the great sacrifices to me, per
sonal, political, and pecuniary, I felt tbat.l could no more
refuse such a call from- my country, through her Chief
Magistrate, than a soldier in battle, tette:le - ordered to com
mand a forlorn hope. I accepted, however, on the express
condition that I should advocate the submission of the
Constitution to the vote of the people, for ratification or
rejection. These views were clearly understood by the
President and all his Cabinet. They were distinctly set
forth in my letter of acceptance of this office, on the 26th
of March last, and reiterated in my inaugural address on
the 27th of May last, as follows : "Indeed, I cannot doubt
that the Convention, after having framed a State Constitu
tion, will submit it fbr ratification or rejection by a ma
jority of the then actual bona tide settlers of Kansas.—
With these views well known to the President and Cabinet,
and approved by them, I accepted the appointment of Gov
ernor of Kansas. My instructions from the President,
through the Secretary of State, under date of the thir
tieth of March last, sustain 'the regular Legislature of
the Territory, in assembling a Convention to form a Con
stitution ;" and they express the opinion of the President,
that 'when such a Constitution shall be snbmitted to the
people of the Territory, they must be protected in the ex
ercise of their right of voting fur or against that instru
ment:" and the fair expression of the popular will must
not be interrupted by fraud or violence.' I repeat, then,
.as my clear conviction, that unless the Convention submit
the Constitution to the vote of all the actual resident set
tlers in Kansas. and the election be fairly and justly con
ducted, the Constitution will be, and ought to be, rejected
by Congress." This inaugural most distinctly asserted
that it wits not the question of slavery merely, (which I
believed to be of little practical importance then in its ap
plication to Kansas,) but the entire Constitution which
should be submitted to the people for ratification or rejec
tion. These were my words on that subject iu my inau
gural: " It is not merely. shall slavery exist in or disap
pear from Kansas, but shall the great principles of self
government and State sovereignty be maintained or sub
verted." In that inaugural 1 proceed further to say, that '
the people "nmy by a subsequent vote defeat the ratifica
tion of the Constitution." I designate this as a "great
constitutional right," and add " that the Cenventiou is the
:servant, and not the master, of the people."
In my official dispatch to you of the second of June last,
a copy of that inaugural address was transmitted to you
for the further informationof the President and his Cabi
net. No exception was ever taken to any portion of that
address. On the contrary, it is distinctly admitted by the
President in his message, with commendable frauliness,
that my instructions in favor of the subruissiuu of the Con
stitution to the vote of the people were "general and un
qualified." By that inaugural, and subsequent addresses,
I was pledged to the people of Kansas to oppose, by all
"lawful means," the adoption of any Constitution which
was not fairly and fully submitted to their vote for ratifi
cation or rejection. These pledges I cannot recall or vio
late without personal dishonor, and the abandonment of
fundamental principles, and therefore it is impossible for
me to support what is called the lace:111)ton Constitution,
because it is not submitted to the vote of the people for
ratification or rejection.
I have ever uniformly maintained the principle that
sovereignty is vested exclusively in the people of each
State, and that it performs its first and hi g hest function
in forming a State Government and State Constitution.—
This highest act of sovereignty, in my judgment, can only
be performed by the people themselves, and cannot be del
egated to Conventions or other intermediate bodies. In
deed, tiro whole doctrine of the sovereignty of Conven
tions, as distinct from that of the people—of conventional
or delegated sovereignty, as contradistinguished from
State or popular sovereignty—has ever been discarded by
me, and was never heard of to my knowledge, during the
great mil ass of 1836. Indeed, this is the great principle
of State rights and State sovereignty maintained in the
Virginia and h . :mai:au resolutions of 1791 and 1799, sus
tained by the people in the great political revolution of
PB6O. and embraced in that amendment to the Federal Con
stitution, ariopted under the auspices of Mr. Jefferson, de
claring that - the powers not delegated to the United
States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the
people," The reservation to • the States" is as separate
States, m exercising the powers granted by their State
Constitutions; curd the reservation to "the people" is to
the people of the several States, admitted or inchoate. in
exercising their sovereign right of framing or amending
their State Constitution. This view was set forth in my
printed address, delivered at Natchez, Mississippi. in Jan
uary, 1833, against nullification; which speech received
the complimentary sanction of the great and good Madi
son, the principal founder of our Constitution, as shown
by a letter of Item Charles J. Ingersoll, of Philadelphia,
as published in the Glo!,e. at Washington, in 1836. What
adds much to the force or this opinion is the statement
then made by Mr, Mullion that these were also the views
of Mr. Jefferson. By this clause of the Federal Constitu
tion, the sovereignty of the "people" of each State is
clearly reserved, and especially their own exclusive sover
eign right to form, in all its entirety, their own State Con
I shall not enter folly into the argument of this ques
tion at this period, but will merely state that this is the
position T have ever occupied, and my reasons for enter
tattling this opinion are clearly aml distinctly set forth in
the printed pamphlet, published over my signature, on
the 13th or June, 1•56. and then extensively circulated,
from welch 1 Tree as fellows: " Under our confederate
system. sovereignty is that highest political power which,
at its pleasure, creates Governments, and delegates author
ity to therm Sovereignty grants powers, but not sover
eign powers; otherwise it might extingn.di itself by ma
king the creature of its will the equal or s:iperior of its
creator. Sovereignty makes Constitutions, and through
them establishes Governments. It delegates certain pow
ers to these Governments, distributing the exercise of the
granted power among the legislative. executive, and judi
cial &patine:Ms. 'flue Constitution is not sovereign, be
cause it is created by Sovereignty ; the Government is not
sovereign for the saute reason, much less any department
of that Goverununet. Having defined sovereignty, we
must nut confound the power with its source or exercise.
That is, sovereignty is one thing: where it resides or how it is
to be exercised, is another'. Under the system of European
despotism, sovereignty was claimed to reside in Kings and
Emperors, under the sacrilegions idea of the • divine right
of kings;' -the blasphemous doctrine was, that Sover
eigns, ht legitimate succession—although stained with
crimes and blackened with infamy—were clothed by Deity
with absolute power to ride their subjects, who hold ne
thing but privileges granted by the Crown. Such were
the absurd and impious dogmas to which the people of Eu
rope. w ith few exceptions. have been compelled to submit
by the bay :net—sustained by the more potent authority
of ignorance 11111 i superstition. Under this theory, the
people were mere cyphers. and crowned heads sub-deities
—the sole representatives on earth of the governing power
of the Almighty. Our doctrine is just the reverse. making
the people the only source of sovereign power. But what
people! With us • sovereignty rests exclusively with the
people of each State." By the Revolution, each colony.
acting for itself alone, separated from Great Britain, and
sanctioned the Declaration of helependence. Each colony
having thus become a State, and each adopting for itself
its separate State Government, acted for itself alone under
the oil continental Congre-s. Each State acted for itself
alone in receding to tine Articles of Confederation in 1778,
and each State acted for itself alone in framing and ratify-
Mg each fur itself the Constitution of the United States.—
Sovereignty, then, with us, rests exclusively with the peo
ple of each State. The Constitution of the United States.
is not sovereign, for it was created by the States, each ex
ercising fur itself that highest political power called sover
eignty. For the same reason the Government of the Uni
ted States is not sovereign. nOr does it exercise any sover
eign power's. It exercises only "delegated powers," as de
clared by the Constitution, and those powers only which
are granted by that instrument. Delegated powers are
not sovereign powers, but arc powers granted by sover
eignty. Sovereignty being this highest political power,
cannot be deleeate.d. It is indivisible. It is a unit, inca
pable of partition. hence the greet error of supposing
that sovereignty is divided between the Staten mut the
United States. The Constitution of the United States is I
the 'supreme lava' and obligatery as such. But a law is '
not sovereignty, but are actor sovereignty. All laws int
ply law-makers, and in this case those who iv:tined and
ratified this 'supreme law,' were those sovereignties called
the States, each acting exclusively for itself, uncontrolled
by any sister States, except by the moral force of its influ
ence and example. The Government of the United. States,
possessing, as we have shown, no sovereignty-, but only
delegateepowers, to theta alone it must look her the exer
cise of alt constitutional authority in Territories, as well
as States: for there is not a single power granted by the
Constitution to this Government, in a Territory, which is
not granted in a State, except the power to admit new
States into the Union, whieli, as shown by the Madison
Papers, the framers of the Constitution, as first demon-
strated in my first Texas letter, refused to limit to our then
"In the Territories then, as well as the States, Congress
possesses no sovereignty and ean exercise only the rowers
delegated by the Constitution, and all the powers not thus
granted are dormant or reserved provers, belonging in
common territory to all the States re, ,co-equal, joint ten
ants there of that highest political power called sover
It will be perceived that this doctrine that "sovereignty
makes Constitutions," that "sovereignty rests exclusively
with the people of each State," that "sovereignty camtut
be delegated:" that "it is inalienable, indivisible.," a
"unit incapable-of partition," ate doctrines ever regarded
by mores fundamental principles of public liberty, and of
the Federal Constitution. It will be seen that these views,
which I have ever entertained, were not framed to suit
any emergency ins Kansas, but were my lifedongprinciples,
and were published and promulgated by me in an elabo
rate argument over my own signature, twelve menthe be
fore my departure to that Territory. and when I never
thought of going to Kansas. These rights I haem ever re
garded as fully secured to the -people of "all the Ferrite
ri , s" in adopting their State Constitution by the Kansas
and Nobrodca bill. Such is the construction given to that
act by Congress, in pausing the Minnesota bill, so justly
applauded by the President. Such is qt..) construction ef
this Kansas act by its distinguished author, not only in
his late most able argument, but in addresses made and
published by him long antecedent to that date, showing
that this sovereign power of the people in acting upon a
State Constitution is not confined to the question of slav
ery, but includes all other subjects embraced in such an in
strument. Indeed, I believe the Kansas and Nebraska
bill would have violated the rights of sovereignty reserved
to the people of each State by the Federal Constitution, if
It had deprived them, or Congress should now deprive
them, of the right of voting for or against their State Con
The President, in his messnge. thinks that the rights se
cured by this bill to the people, in acting upon their State
Constitution, are confined to e slavery question; but I
think, as shown in my address, before quoted, that "sover
eignty is the power that makes Constitutions and Govern
ments, and that not only the slavery clause in a State Con
stitution, but all others, must be submitted.
The President thinks that sovereignty can be delegated,
at least in part. I think sovereignty cannot be delegated
at all. The President believes that sovereignty is divisible
between conventions and the people, to be exercised by the
former on all subjects but slavery, and by the latter only
on that question. Whereas, I think that sovereignty is
" inalienable," "indivisible," " a unit incapable - of parti
tion," and that it cannot be delegated in whole or in part.
It will not be denied that sovereignty is the only power
that cell make a State Constitution, and that it rests exclu
sively with the people; and if it is inalienable, and cannot
be delegated, as I have shown, then it can only be exercis
ed by the people themselves. Under our Government, we
know no sovereigns but the people. Conventions are com
posed of " delegates "—they are mere agents or trustees,
exercising not a sovereign but a delegated power, and the
people are the principals. The power delegated to such
Conventions can properly only extend to the framing of
the c i pnstitution ; but its ratification or rejection can only
belierformed by the power where sovereignty alone rests
—namely, the people themselves. We must not confound
sovereign with delegated powers. The provisional author
ity of a Convention to frame a Constitution and submit it
to the people is a delegated power; but sovereignty alone,
which rests exclusively with the ueriple, can ratify and put
in force that Constitution, And Oils is the true doctrine
of popular sovereignty; and I know of no such thing,
nor does the Federal Constitution recognize it, as delegated
or Conventional sovereignty.
The President, in a very lucid passage of his able mes
sage, gives unanswerable reasons why the people, and
not Conventions, should decide the question of slavery in
framing a State Constitution. Ile says, very truly, that
from the necessary division of the inchoate State into dis
tricts a majority of the delegates may think one way and
the people another; and that the delegates (as was the case
in Kansas) ninny violate their pledges, or fail to execute the
will of the people. And why does not this reasoning ap
ply with equal force to all other great questions embodied
in the State Constitution? and why should the question of
slavery alone override and extinguish the doctrine of pop
ular sovereignty and the right of self:government ? Most
fortunately, this is no sectional question, for it belongs
alike to the States admitted, or inchoate, of the South as
of the North. It is not a question of slavery, but of State
rights and of State and popular sovereignty ; and my ob
jections to the Lecompton Constitution are equally strong,
whether Kansas, under its provisions, should be made free
ona slave State. Illy objections are based upon a viola
tion of the right of self-government, and of the State and
popular sovereignty. and of forcing any Constitution upon
the people against their will, whether it recognized trete
dom or slavery. Indeed, the first question which the peo
ple ought to decide, in forming a Government for an in
choate State, is whether they will change or not from a
Territorial to a State Government. Now, as no ono, who
with me denies Federal or Territorial sovereignty, will
contend that a Territorial Legislature, is sovereign, or
represents sovereignty, or that such a Legislature a mere
creation of Congress, can transfer sovereignty, which it
does not poeeese. to a Territorial Convention. This change
from a Territorial tea State Government can only be made
by the power where sovereignty rests—namely, the people.
Ytt a State Government is forced upon the people of Hatl
ess by the Lf campton Constitution, whether they will or
not, for they can only vote for the Constitution, and not
against it. But besides the change front a Territorial to a
State Government, which the people alone have the right
to make in framing a State Constitution, there are many
momentous questions included in that instrument. It in
volves all the powers of State Government. There is the
bill of rights, the 21fogna Cherta of the liberties of a free
people, the legislative, executive and judicial functions,
the taxing rower, the elective franchise, the great question
of education, the sacred relations of husband and wife,
parent and child, guardian and ward, and all the tights
affecting life, liberty, and property. There is also the
question of State debts, of banks, and paper money, and
whetter they shall be, permitted or prohibited. As all
free government, as stated by illr..lefkrson, in the Decla
ration of Independenec, depends upon "the consent of
the governed," how can it be known whether the people
would assent to the Constitution unless it be submitted to
their vote for ratification or rejection 1
But if acquiescence can be presumed in any case,
it cannot be in that of Kansas, where so ninny of the del
egates violated their pledge to submit the Constitution it
self to a vote of the people, where the delegates who signed
the Constitution represented scarcely one-tenth thepeoplo
and where nearly one-half of the counties of the Territory
were disfranchised, and (by no fault of theirs) did not,
and could not, give a single veto at the election for dele
gates to the Convention.
I have heretofore discussed this subject mainly on the
question that Conventions 112 - c not sovereign, and cannot
rightfully make a State Constitution. without its submis
sion to the vote of the people, for ratification or rejection.
Yet, surely, even those who differ with one on this point
must concede, especially under the Kansas-Nebraelta bill,
It is only such Conventions can be called sovereign as have
been truly elected by the people, and represent their will.
On reference, however, to my address of the 16th of Sep
tember last. on the tax qualification, copy of which was
immediately transmitted to you for the information of the
President and Cabinet,) it is evident that the Lecomp'os
Convention was not such a body. That Convention had
vital, not technical defects, in the very- substance of its or
ganization under the territorial law, which could only
be cured, in my judgment, as set forth in my inaugural
and other addresses, by the submission of the Constitution
for ratification or rejection by the people.
On reference to the territorial law under which the Con
vention was assembled, thirty-four regularly organized
counties were named as election districts for delegates to
the Convention. Tn each and all of these counties it was
required by law that a census should he taken and the vo
ters registered: and when this was completed, that deli'.
gates to the Convention should be appointed accordingly.
In nineteen of these counties there was no census,
and therefore there could be no such apportionment there
of delegates, lased upon such census. And in fifteen of
these counties there was no registry of voters. These fif
teen counties, including many of the oldest organized,
counties of the 'Territory, were entirely disfranchised, and
did not give, and by no fault of their own. could not give,
a solitary vote for delegates to the Convention.
This result was superinduced by the fact that the
Territorial Legislature appointed all the sheriffs and
Probate Judges in all these counties, to whom was as
signed the duty, by law, of making this census and
registry - . These officers were political partisans, dis
senting front the views and opinions of the people of
these counties, as proved by the election of October last.
These officers, from want of funds, as they allege, neglec
ted or refused to take any census or make any registry in
these counties, and therefore they were entirely disfrau
chisecl, and could not and did not give a single vote at the
election for delgates to the Couefflutional Convention.—
And lucre I wish to call attention to the distinction, which
will appear in my inaugural address. in reference to those
counties where the voters were fairly registered and did
In such counties, where a- full and free opportunity
was given to register and vote, and they did not choose
to exercise that privilege, the question is very ditTe.rent
from those counties where there was no census or regis
4ry, and no vote was given or could be given, however
anxious the people might be to participate in the elec
tion of delegates to the Conventin. Nor could it be
said these counties acquiesced. for wherever they en
deavored by a subsequent census or registry of their
own to supply this defect occasioned by the previous
neglect of the Territorial officers, the delegates thus
chosen were rejected by the Convention. I repeat,
that in nineteen counties out of thirty-four, there
was no census. In fifteen counties out of thirty-four
there was no registry, and not a solitary vote was
given or could be given for delegates to the Conven
fion in any one of these counties. Surely, then, it can
not be said that such a Convention, chosen by scarcely
more than one-tenth of the present voters. of Kansas.
represented the people of that Territory, and could
rightfully impose a Constitution upon them without
their• consent. These nineteen counties, in which there
was no census, constituted a majority of the counties
of the Territory, and theso - fifteen counties, in 'which
there was no registry, gave a .much larger vote at the
October election, even with the six-months qualifica
tion, than the whole vote given to the delegates who
signed the Lecompton Constitution on the ith Novem
ber last. If, then, sovereignty can be delegated, and
Conventions, as such, are sovereign, which I deny,
surely it must be only in finch c,•ases as when such Con
ventions are chosen by the people, which we have seen
was not the case as regards the late Lecompton Conven
tion.. It was for this, tunong other reasons, that in my
inaugural and other addresses I insisted that the Con
stitution should be submitted to the people by the Con
vention, as the only means of curing this vital defect
in its organization•. It was, therefore, among, other
reasons, when, as you know, the organization• of the
so-called Topeka State Government, and, as a conse
quence, an' inevitable civil war and conflict with the
troops must have maimed, these results were prevented
by my assuring, not only the Abolitionists, as has been er
roneously stated—for my address was not to them, hut
thapeople of Kansa:v-41nd in my judgment the Consti
tution- would he submitted fairly and freely for ratifica
tion or rejection by their vote, and that if this was not
done, I would unite with them, (the people,) as I now do,
in " lawful•oppsition " to such a procedure,
The power and responsibility being devolved exclu
sively upon me by the President of using the Federal
army in Kansas to suppress insurrection, the alternative
VMS distinctly presented to me by the questions propoun
ded at Topeka, of arresting revolution by the slaughter
of the people, or of preventing it. together with that civil
war which must have extended throughout the Union, by
the solemn assurance then given, that the right of the
people to frame their own government, so far as my power
extended, should be maintained. But for this assurance
it is ' a conceded fact, that the Topeka Stain. Government
then assembled in Legislative sessim would have been put
into immediate actual opperntion, and that a sanguinary
collision with the Federal army and civil war must have
ensued, extending, it is feared, throughout the Union.
Indeed, the whole idea of an inaugural address origi
nated in the alarming intelligence which had reached
Washington city of the perilous and incipient rebellion
in Kairtas. This insurrection was rendered still more
fxnaidable on my reslii. , ; tax Territory by tha ncat-
approach of the assembling of the revolutionary State
Legislature, and the very numerous mass conventions
by which it was sustained. In truth, I bad to choose
between arresting that insurrection, at whatever cost of
American blood, by the Federal army, or to prevent the
terrible catastrophe, as I did, by my pledges to the peo
ple of the exertion of all my power to obtain a fair elec
tion, and the submission of the Constitution to the vote
of the people for ratification or rejection.
My inaugural and other addresses were, therefore, really
in - the nature of proclamations, (so often issued by Prost•
dents and Governors.) with a view to prevent as they did
in this case, civil war and insurrection.
Now, by my oath of office, I was sworn to support the
Constitution of the United States, which I have shown,
in my judgment, required the submission .of the COTI-
Stittltioll to the vote of the people. I was sworn also to
"take care" that the Kansas and Nebraska bill "should
be tnithfully executed," which bill, in my judgment, as I
heretofore stated, required that the Constitution should
be submitted to the vote of the people, and I was there
fore only performing a solemn duty, when, as Governor !
of the Territory, to whose people my first, obligations
were due, I endeavored to secure -to- - them these re- I
sults. The idea entertained by some that I should see
the Federal Constitution and the Kansas-Nebraska bill
overthrown cud disregarded, and that, playing the part of
a mute in a pantomime of ruin, I should acquiesce by my
silence iu such a result, especially where such acquies
cence lovotved, as an immediate consequence, a disastrous
and sanguinary civil war, seems to me to be most prepos
terous. Not a drop of ood has been shed by the Federal
troops in Kansas during my administration. But insurrec
tion and civil war, extending, I fear, throughout the court
try, were alone prevented by the course pursued by me
on those occasions, and the whole people, abandoning rev
olutionary violence, wore induced by me to go, for the first
time, into a general and peaceful election.
These important results constitute a sufficient conso
lation for all the unjust assaults made upon. me on this
subject. I do not understand that these assaults have
ever received the slightest countenance from the Presi
dent; on the contrary, his message clearly indicates an l
approval of my course up to the present most nnfortu- !
nate difference about the so-called Lecompton Constitu
tion. In as much, however, as this difference is upon a
vital question, involving practical results and new in
structions, it is certainly much more respectful to the
President on my part to resign the office of Governor,
and give him an opportunity of filling it e as -is his right
under the Constitution, with one who concurs with him
in his present opinions, rather than go to Kansas and
force him to remove me by disobedience to his in
structions. This latter ' , course, in my judgment, would
be imcompatible with proper respect for the Chief Mag
istrate of the Union, inconsistent with the rules of moral
rectitude or propriety, and could he adopted with no other
view than to force the President to remove me from office.
Such a course, it is alleged, would present me to the public
as a political martyr in the defence of the great principle
of self-government; but to go to Kansas with any such
purpose, or with a certain knowledge that such a result
must follow, would be alike unjust and improper. My
only alternative, then, is that of a respectful resignation
r in the hope that Kansas and our beloved country may
be shielded from that civil war with which I fear both are
threatened, by any attempt to force the so-called Lecomp
ton Constitution upon the people of Kansas.
I state it as a fact, based on a long and intimate asso
ciation with the 'people of Kansas, that an overwhelm
ing majority of that people are opposed to that in.-
etruineut, and my letters state that but one out of
twenty of the press of Kansas sustains it. Some op
it because so many counties were disfranchised and
unrepresented in the Convention. Some, who are op
posed to paper money, because it authorizes a bank of
enormous capital for Kansas, nearly unlimited in its
issues, and in the denomination of its notes, from one
dollar up and down. Some because of what they con
sider a Know Nothing clause, by requiring that the
Governor shall have been twenty years a citizen of the
United States. Some because the elective franchise
is not five ; as they cannot vote against the Constitu
tion, but only on the single issue, whether any more
!naves may be imported, and then only upon that issue
by voting, for the Constitution to which they are op
posed. They regard this as but a mockery of the elec
tive franchise, and a perilous sporting with the sacred')
rights of the people. Some oppose because the Con
stitution distinctly recognizes and adopts the Oxford
fraud in apportioning legislative members for Johnson
county, upon the fraudulent and fictitious returns, so
faleely called, from that precinct. which recognition
of that fraud in the Constitution is abhorrent to the /
moral sense of the people. Others oppose because, al
though in other cases tho presidents of Conventions
have been authorized to issue writs of election to the
regular Territorial or State officers with usual judges,
with the established precincts and adjudication of re
turns, in this case unprecedented and vice-regal pow
ers are given to the president of the Convention to
make the precincts, the judges, and to decide finally
upon the returns. From the grant of these unusual and
enormous powers, and from other reasons connected
with the fraudulent returns of Oxford and McGhee, an
overwhelming majority of the people of Kansas have no
faith in the validity of these returns, and therefore will
not vote. Indeed, disguise it as we may to ourselves,
under the influence of the present excitement, the facts
will demonstrate that any attempt by Congress to force
this Constitution upon the people of Kansas will be an
effort to substitute the will of a small minority f;.,sthat
of an overwhelming majority of the people of Kansas;
that it will not setttle the Kansas question or localize the
issue; that it will, I fear, bo attended by civil Wear, ex
tending, perhaps, throughout the Union ; thus bringing
this quo stion back again upon Congress and before the peo
ple in its most dangerous and !damning aspect. '
The President takes a different view of the subject in
his message; and, from the events occuring in Kansas
as w( II as here, it is evident that the question is passing
from theories into practice • and that as Governor of
Kansas. I should be compelled to carry out new instruc
tions. differing, on a vital question, from those received
at the date of my appointment. Such instructions I
could not execute, consistently with my views of the Fed
eral Constitution, of the Kansas end Nebraska bill, or
with my pledges to the people of Kansas. Under these
circmnstaneea, no alternative is left nie bat to resign the
office of Governor of the Territory of Kaunas.
No one can more deeply regret than myself this ne
cessity; but it arrises from no change of opinion on my
part. On the contrary, I should most cheerfully have
returned to Kansas to carry out my original instrum
lima, and thus preserve the pence of the Territory, and
finally settle the Kansas question by redeeming my
pledges to the people. It is not my intention to dis
cuss, at this time, the peculiar circumstances and
unexpected events which have modified the opinions
of the President upon a point so vital as the submission of
the Constitution for ratification or rejection by the vote
of the people, much less do I desire any controversy with
tile President on this subject ; yet, however widely my
views may differ from, those entertained by him on this
question—views which I have had all my life, and which
as involving fundamental principles of public liberty and
of the Constitution, are unchangeable- e -yen as regards all
those great Democratic measures which, I trust, will con
stitute the policy of his Administration in other respects,
it will give me pleasure, as a private citizen, to yield my
I have said that the slavery question, as a practical
issue, had disappeared from Kansas long before my
arrival there, and the question of self-government had
been substituted in its place. On some future occasion
I shall dissipate the delusion which has prevailed upon
this subject, and show, that after three years. expert
mein, when I arrived in Kansas there were less than
three hundred slaves there, and the number constantly
diminishing ; that, as proved by the official records of
Congress, published and authenticated by those dis
tinguished Southern statesmen, John C. Calhoun and
Jefferson Davis, the winter climate, even of Eastern Kan-
EMS, is colder than that of New England, and that the pro
slavery Territorial Convention of Kansas, consolidated
with the pro-slavery Territorial Legislature, on the 4th
of January, 1857, nearly five months before my arrival
there,. did distinctly abandon the slavery issue, be
cause, as set forth by one of their number, "the pro
slavery party was in a small and admitted minority,"
" and the co-operation of the free-State Democrats was
invited, as the only hope of success, not to make Kansas
a slave State, which was conceded to be impossible, but
to make it a conservative Democratic free State."' Even
as late as the 3d of July, 1857, when the Democratic
Territorial Convention assembled at Lecompton, in
consequence of the laws of climate end the well known
will of the people, none contended that slavery could
be established there. Nor was it until my Southern op
ponents interfered in the affairs of Kansas, and by de,
nunciation, menace and otherwise, aided at re critical
period by several Federal office-holders of Kansas, in
cluding the surveyor-general, (the president of the
Convention,) with his immense patronage, embracing
many hundred employers, intervened, and, as I believe,
without the knowledge or approbation of tho Presi
dent of the United States, produced the extrwerdi
nary paper called the Lecompton Constitution: Yot
this act of intervention by Federal officers to de
feat the will of the people seems to be sustained by
my opponents; whilst my intervention; at it es caned;
in obedience to my duty and -oath ,of office to sups
port the Federal Constitution, and to take care that
our organic law should be fairly executed, by endeavor
ing to secure to the people of Kansas their rights under
that act, is denounced and calumniated. It is still
more extraordinary, that the hypothetical remarks
made by me as regards climate in its connection , with its
influence upon the question of slavery in Kansas, after
that issue had been abandoned there, which views were
consolidating the union between conservative, free-
State, and pro-slavery Democrats, so as
the confiscation of the small number of slaves. then
held in Kansas, have been denounced by many distin
guished Southern Senators, who, when the Kansas and
Nebraska bill was pending in Congress, and when such
remarks front them, if ever, might affect Southern emi
gration, were thorn loudest in proclaiming that, be
cause of its climate, Kansas could never become a slave
State. Indeed it seems that all persons, in and out of
Kansas, whether in public or private life, may publish
what opinions they please in regard to these questions,
except the Governor of that Territory, who has, so little
power and no patronage.
And now bo pleased to express to the President my
deep regret as regards our unfortunate difference of
opinion in relation to the Lecompton Constitution, and
to say to him, that as infallibility does not beloeg to
man, however exalted in intellect, purity of intention,
or position, yet if ho has committed any errors in this
respect, may they be overruled by a superintending
Providence, for the perpetuation of our Union, and tho
advancementof the honor and interest of our beloved
In now dissolving my official connection, with your
department, I beg leave to tender my thanks for your
constant courtesy and kindness.
Most tespectfally. your ob't scrr't,
TRIAL LIST, January Term, 1858.
Exchange Bank, Pittsburg vs. Meltry &Carlisle.
Samuel P. Wallace vs. Jot Shomo.
John Miller vs. Andrew Smith.
John Fleming vs. Brice X. Blair and others.
Isaac Gifford vs. Joseph Gifford's adm'ra.
Thomas Clark's heirs vs. Brison Clark.
Samuel B. McFeeters vs. Beers.
Com'th for Smith vs. Weeks ..
Patrick Kelly vs. Penna. It. R. Co.
John M. Walters vs. David Varner.
Harrison & Couch vs. C. V. M. P. Co.
Samuel ,Caldwell's adnirs vs. Michael J. Martin.
A. H. Brumbaugh for use vs. C. V. M. P. Co.
William McNite vs. James Clark's adm'r.
John Dougherty vs. Geo. W. Speer.
A. Vandevander's adm'rs vs. John McComb.
Samuel Myton vs. Henry Fockler.
Samuel Myton vs. Henry Fockler.
John Savage vs. Wm. Smith & Davis.
Geo. W. Wagoner vs. Washington Gayer.
Ann Carman vs. William Stewart.
Joseph K. Henderson vs. John Henderson's Ex.'r..
Christopher Osborn vs. P. F. Kessler et al.
Machette & Ragliel vs. Dr. P. Shoenberger's ex:
Willie:in Bell Vs. Simon Walbourn.
Philip Spahn vs. Moses Heilncr.
John R. Gosnell vs. G. W. Speer, garnishee, etc.
Com'th for use vs. Farids Liberd et al.
Same vs. J. G. Lightner.
Bell, Garretson & Co. vs. Jas. Entreken.
C. Osborn vs. P. F. Kessler.
D. CALDWELL, Prothc2zotary
SST OF GRAND & TRAVERSE
JURORS for January Sessions A. D. 1858.
EGISTER'S NOTlCE.—Notice is
tit 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 be held at Huntingdon, in and for the
county of Huntingdon, on Wednesday, the 13th day of
January next, to wit:
1. Peter P. Kessler, administrator of the estate of Wil
liam McCartney, late of Henderson township, dee'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, dec'd.
4. Partial administration account of Dr. Henry Orlady,
administrator of Joshua R. Cox, who was administrator of
Esther Cox, late of Warriorsmark township, dec'd.
5. William Stewart, administrator of the estate of Jen
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
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, dee'd.
S. Trust account of Henry Lightner, trustee, appointed
by the Orphans' Court, to make sale of the rea . tate of
Henry Lightner. lute of 'West township, dec'd ,• ;' 7 7l'N
9. Trust - account of James Saxton, trustee A .,, imbinted
by the Orphans' Court. of the estate of Georg Rol ht,
late of the borough of fluntirfgdon 2 dec'd.
10. Guardianship account of . Henry B. Ilyton, guardian
of Rosetta Stewart, a minor child of Anthony J. Stewart,
late of Morris township, dec'd.
11. Guardianship account of George Sipes, guardian of
Richard, _Elizabeth, Loretto and E'valine Wharton, minor
children of Samuel N. Wharton, late of Cromwell town
12, Alfred B. Crewit (now dec'd) administrator of Dr.
Jacob Hoffman, late of the borough of Huntingdon. dec'd,
as stated and filed by Jane D. Crewit, executrix of the said
A. B. Crowit, dec'd. HENRY GLAZLER, Register.
Huntingdon, Dec. 10, 1857.
S. LIGGETT & CO.,
ira)rh J o FLOUR DEALERS,
and Commission Merchants for the •
sale of Grain Seeds, and Produce'
generally, keep constantly on hand the best qualities of
Southern Ohio, Kentucky, Indiana and St. Louis brands
Flour. Orders faithfully filled at the market prices of the
day. Nos. 69 and 70, Water street, Pittsburg, Pa.
December 2,185743 m.
_INOTICE—Notice is hereby given to
all persons interested, that J. lc W. Saxton, of the
borough of Huntingdon, did, on-the 9th day of July last,
make and execute to the subscriber of said Borough, added
of voluntary assignment. for the 'benefit of creditors--
Therefore, all pet - eons holding claims against the said J.
14. W. Saxton, or either of them, will' present them prop
erly authenticated for settlement, and ail indebted to said
firm, or either of them, in any way, will make immediate
payment to W. B. ZEIGLER
Huntingdon, August 19, 1857—tf.
PUBLIC NOTICE.— The subGeriber
having no permanent residence at present, wishes
to inform all persons who gave their-notes for property
purchased at his sale, that they can save cost by calling
on D. P. Owin of Huntingdon, who is authorized to re
ceive the amount of said notes, which will be duo on the
17th of December next
n. 3. WALKIISt
Daniel Africa, J. 8., Huntingdon.
James Bell, Esq., farmer, Warriorsmark.
Denj.Brumbaugh, farmer, Penn.
Jacob Baker, carpenter. Alexandria.
David Barrick, farmer, West.
Ralph Crotsley, farmer, Cass.
Henry Clapper, farmer, Hopewell.
Andrew Green. farmer, Cass.
Samuel Johnston, farmer, Hopewell.
Robert Johnston, farmer, West.
John Long, merchant, Shirleysburg.
Silas Locke, blacksmith, Dublin.
Samuel D. Nylon, merchant, West.
Nicholas Rudy, farmer, Jackson.
J. Murray Simpson, farmer, Huntingdon
George Swartz, farmer, Cromwell.
Thomas Stewart, thrmer, Barree.
Samuel Steffey, inn-keeper, Jackson.
John Vandevander, J. P., Walker.
John Woodring, drover, Franklin.
Robert Wilson, farmer. Oneida.
John Weston, farmer, Brady.
Abm. Zimmerman, farmer, Hopewell.
Jacob Booher, farmer, Springfield.
TRAVERSE JURORS—FIRST NITER'.
J. Simpson Africa, surveyor, Huntingdon
Hugh Alexander, farmer, Jackson.
Robert Bingham, farmer, Shirley.
Owen Boat, coachmaker, Huntingdon.
Robert Barr, farmer, Jackson.
Joseph Banks, mason, Tod.
William Cornelius, carpenter, Clay.
T. Crownocer, Bummer, Darree.
Richard Chilcote, farmer, Union.
Abm. Cutshall, farmer, Springfield.
Edward Duncan, farmer,
Jonathan Doyle, miller, Union
John A. Doyle. merchant, Shirley.
P. Garner, (of 31.) farmer, Penn.
John Gmsimore, farmer,
A. L. Grim, blacksmith, Hnntingdon.
Jacob Ganoe, jr., laborer, Warriorsmark.
George M. Green, J. P., CRSP.
Jacob Grove, farmer, Penn.
Robert Gooshorn, farmer, Tell.
William Harper, merchant, Jackson.
Collins Hamer, farmer, Porter.
William Hazzard. boatman, Huntingdon.
Joseph Isenberg, farmer, Morris.
William Johnston, farmer, Hopewell.
John Loomis. farmer, Dublin.
Samuel Lang, farmer, Dublin.
Jacob Miller, twiner. Henderson.
Matthew Miller, M. D., Jackson.
C. W. IL Moore, M. D., Tod.
Jesse Meredith, wagon-maker, Brady.
Joseph McCoy, farmer, Walker.
Samuel 'Biller, farmer, Franklin.
John H. McPheran, farmer, Franklin. -
John R. McCarthy, farmer, Brady.
Alexander N. Oaks. farmer, Barree.
John Porter, Esq., farmer, Henderson.
Joseph Riggle, laborer, Franklin.
George Robertson, farmer, Springfield.
Elijah Sollers, farmer, Cass,
George A. Steel, farmer, Huntingdon.
Amos Smoker, farmer, Brady.
Elisha Shoemaker, Sr., farmer, Hehderson
Jacob Smyers, laborer, Clay:
Job Slack, machinist, Barree.
George Thomas, grocer, Huntingdon.
Simeon Wright, J. P., Union.
William C. Wagoner, merchant, Brady.,
Thomas Aston, farmer, Springfield.
David Black, carpenter, Huntingdon.
John Beck, farmer, Warriorsmark.
Ephraim Baker, mason, Springfield.
Jonathan Barnwell, tanner, Tod.
Abraham Carothers', tanner, Shirley.
John C. Couch, merchant, Barree.
William Coulter, farmer, Tell.
Jesse Dieffenbach, merchant, Brady.
John Foreman, farmer, Shirley.
Jacob Funk, farmer, Penn.
Jackson J. Fee, flamer, Henderson.
George Garner, farmer, Penn.
Benjamin Grove, farmer, Penn.
James G. Goodman, farmer Henderson.
Gilbert 'Horning, farmer, Barree.
Henry Hudson, carpenter, Clay.
Jesse Hollingsworth, carpenter, Shirley
James Horning, farmer, West.
James Huey, farmer, Brady.
William Johns, farmer, Shirley.
Hugh A. Jackson, farmer, Jackson.
Daniel Wyper, farmer, Walker.
Nicholas Lynn, farmer, Hopewell.
William Livingston, farmer, Oneida.
Jacob Miller, laborer, Cascville.
Jacob Nearhoof, farmer, Warriorsmark.
William Orr, Esq., farmer, Tell.
Henry Robison, farmer, Dublin.
Israel Smiley, farmer. Barree.
Alexander Scott, blacksmith, Jackson.
George Stevens, farmer, Springfield.
Andrew Smith, farmer. Oneida.
Joseph Shore, farmer, Clay.
Philip Taylor, miner, Tod.
Andrew Walker, farmer, Oneida.
QHERIFF'S SALES.—By virtue of
jsundry writs of test., 'vend. exp., ler. facies, and fi, 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. as.,
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, deed, on the east 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, having 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
Anso--:All that certain raessuagc and tract
of land, situate in Barren 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 Ryler's
heirs south forty degrees cast, 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, deed, 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
large 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. IlarriSon 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 lot of ground,
more or less, in the township of Shirley, bounded by the
Poor louse land on the north, Wni. B. Leas on the east,
Etnire on the west, and Mrs. Ramsey on the south, and un
Also—About 25 acres of lantl, more or less, situate in
Shirley township. and adjoins lands of D. Fraker's heirs on
the south, Aughwick creek on the west, Bullet Lane and
John Lutz on the north, and back street on the cast, clear
ed 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 FAnire,
and on the west by Public Road leading to Germany Val
ley, having thereon erected a frame barn 35 by 46 with
cortrvib and wagon shed, and a young; apple orchard.—
Seized and taken in execution and to be sold as the prop
erts—lif James G. Lightner.
Also—The defendant's interest in and to
one lot of ground in the borough of Shirleysburg, Shirley
township, having thereon erected a two-story log hones
and back kitchen fronting on Main street 60 feet, extend
ing luck to an alley 140 feet, adjoins lots on the north, the
Baptist church on the south, and au 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. tract of land situate in Porter
township, Huntingdon county. bounded by lands of Gen.
A. P. Wilson on the cast, of John S. Isett and William D.
Robb's heirs on the north, other lands of defendant on the
west, and of Thomas Whittaker, Geo. Lamp and estate of
John MeCohan, 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 Huyett ( thther of the defendant) by Patrick GNVill,
Esq., Sheriff of said county, as the property of John Vahan,
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 the heirs of William D. Robb, dee'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 land on which defendant
now resides, and which was conveyed by Ludwick Huyett
to John Huyett (Father of Defendant) by deed dated twen
ty sixth June, eighteen hundred and nine and duly re
corded; less about seventeen acres conveyed by dofendent
to Wm.ltobb, having thereon two bank barns, each about
forty cloven by eighty foot, o. lore, atone dwelling house,
three stories high anti tho 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 east 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 Saint., township of Porter, ad
joining other lands of John Huyett on the north, east. and
west, and of Thomas Whittaker on 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 linyett, da
ted 2Sth August,l3l3. Seized and taken in execution and
to be sold as the property of John Truett.
Arse—A tract of land situate in the town
ship of Henderson, in the county of Huntingdon, hounded
by lands of Orbison & ikfelfurtrie Robert Allison's devi
sees, Dr. William Swoope, Samuel Friedley, and lands of
the minor children of Alex. Gwin, decd, 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 he sold as
the property of Christian Comets.
ALso—The following described two story
brick building situate south-east of and near the borough
of Huntingdon, about fifty yards more or less east of the
bridge across Stone Creek, on the north side of and front
ing on the Lewistown and Huntingdon turnpike road and
the Pennsylvania railroad, containing 22 feet in front on
said turnpike, and in depth 25 feet, and the lot or piece of
ground and curtilege, appurtenant to said building. Seized
and taken in execution and to be sold as the property of
ALso—One undivided seventh part of Lot
No. 70 in the borough of Huntingdon, having thereon a
two-story log and weather-boarded du cuing house, and an
unfinished two-story brick dwelling house, fronting on
Hill street 50 feet, and extending back 183 feet to Alle
gheny street, adjoining' lot of John Hildebrand on the
vest and Isaac Liwinger on the east.
Also—One undivided seventh part of Lot No. 57 in paid
borough, having thereon erected a two-story double log
dwelling house fronting on Hill street 45 feet and extend
ing back 25 feet, with an ice-house and stable erected on
said lot. Said lot fronting on Hill street 50 feet and ex
tending back 185 feet to Washington street, adjoining
Lewis on the west and James Owin on the east..
Also—One plank •rare-house, 30 by 58 feet, with the
ground upon which it stands, situate in the canal basin,
on part of lot numbered 120 in plan of said borough.
Also—All the right, title and interest of James Saxton
in and to one lot of ground situate in Smithfield, Walker
township, numbered in plan of said town —, having
thereon erected one double two-story log dwelling house,
fronting on the turnpike leading from Huntingdon to Al
exandria, 80 feet, and extending back 160 feet, adjoining
George Long on the west, and Alex. Port on the south and
Also—All the right, title and interest of James Saxton
in and to one lot of ground situate in Smithfield, Walker
township, having thereon erected one frame stable, adjoin
ing the Juniata river on the north, Martin Flenner on the
west, and the turnpike leading from Huntingdon to Alex
andria, on the smith.
Also=—All the right, title and interest of James Saxton
in and to one out-lot, containing 2 acres and 152 perches,
situate in the borough of Huntingdon, adjoining Dorris &
Campbell on the west, George Taylor and othera •bn the
east, and the road leading from Huntingdon to the Warm
Springs on the north.
Also—All the right, title and interest of James Saxton in
and to a tract of land situate on Stone Creek, Henderson
township, containing 175 acres, more or less, adjoining,
lands of Gen. A. P. Wilson on the north, Stone Creek on
the east, Elisha Shoemaker on the south, and Shoenborger's
heirs on the west, having thereon one double plank house
one and a half stories high, ono frame barn about 35 feet
square, and cider-mill and press and two orchards.
Also—All the right, title and interest of James Saxton
in and to a tract of land situate in Tod township, Hunting
don county, surveyed in the name of Frances :Bowing,
containing 450 acres, more or less.
Also—All the right, title and interest of James Saxton
in and to Lot No. 75 in the borough of Huntingdon, front
ing 50 feet on Hill street and extending back 200 feet to
Allegheny street, adjoining Isaac DorlaraPs heirs on the
west, and Newingham's heirs on the cast, having thereon
erected a two-story double brick dwelling house, fronting
on Hill street 45 feet and extending bar. 40 feet, having
in the east end of it a largo store room 17 by 3S feet, and
back ware room, and necessary out-buildings. Also, a
two-story log dwelling house fronting on Allegheny street
30 feet and extending back 25 feet, with a one-story log
kitchen. Also, a three story plank ware house 16 by 32
feet, and a small stable and wood shed.
Also—Alt the right, title and interest of James Saxton,
in and to Lot No. 200 in the borough of Huntingdon, front
ing 50 feet on Mifflin street and extending along Bath
street 200 to Church street, having thereoma two-story log
All of which will bosold as the property of Tames Sax
Alse—One undivided seventh, part of Lot No. 70 in the
borough of Huntingdon, having thereon erected a two
story log and weather-boarded dwelling house, and an un
finished two-story brick dwelling house, fronting on Hill
street 50 feet and extending back 185 feet to Allegheny
street, adjoining lot of John Hildebrand on the west, and
of Isac Lininger on the east.
Also—Ono undivided seventh part of Lot No. 97 in said
borough, having thereon erected a two-story double log
dwelling house, fronting on Hill street 45 feet and extend
ing back 25 feet, with au ice house and stable erected on
said lot. Said lot fronting on Hill street 50 feet and ex
tending back 185 feet to Washington street, adjoining Win.
Lewis on the west, and Gwin on the east.
Both of which will be sold as.the property of William A.
Also—All the right, title and interest of James and Wil
liam A. Saxton, in and to a lot of ground situate in the
borough of Huntingdon, on the east side of Stone Creek,
adjoining lots of Samuel Ilopck on the west, and John
Monts on the east, containing about 1 1 / I .' acres, known as
the "Erick Yard" property.
Also—All the right, title and interest of James and Wil
liam A. Saxton in and to a - lot of ground situate in the bor
ough of Huntingdon, on the east side of Stone Creek,
bounded by said creek on the west, and township road on
the south-east, containing about 1 acre, with a brick yard
Also—All the right, title and interest of James and Wil
liam A. Saxton in and to about one acre of ground, with a
frame house erected thereon, adjoining land of William
Malurtrie on the north and east, of Elias Bartel on the
west, and . of Samuel Houck on the south.
Seized and taken in execution and to be sold as the prop
erty of J. & W. A. Saxton.
ALso—Two lots of ground in the town of
Mooresville, West township; Huntingdon connty, 50 feet
front each, and extending back 100 feet to an alley, adjoin
ing lots of Mrs. Johnston on the east, lots of Wm. Moore
on the west, fronting on Main road leading to Petersburg,
having thereon erected a large two-story brick house and
other out-buildings. Seized and taken in execution and
to be sold as the property of Jacob Snyder.
costs on all writs stayed by Plaintiffs or
their Attorneys, must be paid before the writs will be
NOTE.—On all sales exceeding five hundred dollars, ten
per cent. of the amount of the bid will be required to be
paid to the Sheriff immediately when the property is
struck down, and on. all sales under that sum, twenty per
cent.: in both cases the balance on the day the deeds are
SIMMIT'S OFFICE, }
Huntingdon, Dec. 16, 1857.
AUDITOR'S NOTICE.—The under
signed Auditor, appointed to distribute the fund in
the hands of Graffus 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 Hun
tingdon, on Thursday, December 24th, 1857, at 10 o'clock,
a. m. All persons aro required to present their claims be
fore such Auditor at that time or be debarred from coining
in for a share of such fund.
December 2, 1557
A UDITOR'S NOTICE.-JACOB NH
j_LMER'S ESTATE.—The undersigned Auditor, appoint
ed to distribute the land or assets in the hands of A. I.
Grim, administrator of Jacob Numer, late of Huntingdon
Borough. dec'd, will attend at his office in the borough of
Huntingdon, on Saturday, the 26th of December, next, at
10 o'clock, a. m. ' 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. BENEDICT, Auditor.
December :2, 18574 t.
— L i -44 1 - ..KECUTOR'S NOTlCE.—Estate of
MARY GILLILAND, dee'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, Into of Tell township,
Huntingdon county, deed., and all persons having claims
or demands against said estate will present them without
delay, and those indebted to said estate will make immedi
ate payment. JAMES GIFFORD, Executor.
Dem - nether d, 1857.*
VOTICE.—AII persons having claims
\ against DAVID It. CAMPBELL, of Marklesburg, aro
requested to present them properly authenticated, and
those indebted will make payment to the subscriber, to
whom said Campbell has executed a deed of Assignment
for the benefit of creditors. JOILN iI. WINTRODE,
Marklesburg, Nov. :20, 1857.
AX COLLECTORS-TAKE NO-
N TICII—The Collectors of County and State taxes for
the year 1556 and all previous years, are required to maize
immediate payment of the balances due on their duplicates,
or they may expect to be dealt with according to law.
The collectors of 1557 are earnestly requested to collect
and pay over to the Treasurer the amount of their dupli
cates as soon as possible. Money is much needed at the
present time and must be had
November, 25, 1857
O IN V A LIDS .—Dr. _Hardman,
AnaZytical Physician.—Physician for Diseases of thu
Lungs, Throat and Heart—. Formerly Physician to the
CINCINNATI MARINE HOSPITAL,
Also to Intolids Retreat, Autbor of "Letters to Intalids,
10 cvasiNc,: I .a, ,e following Card.
-- r - ) R. HARDMAN, Physician for the
disease of the Lungs,
(formerly Physician to Cincin
nati Marine Hospital,) will be in attendance at his rooms
as follows :
Huntingdon Jackson's Hotel, Saturday, January IG.
'Lewistown, National Ilotcl, " 18.
Hollidaysburg, Exchange Hotel, " 13.
Dr. Hardman treats Consumption, Bronchitis, Asthma,
Larryngittis and all diseases of the throat and lungs, by
Medical Inhalation, lately used in the Et:canton Hospital,
London. The great point in the treatment of all human
maladies, is to get at the disease in the direct manner.—
All medicines are estimated by their action upon the organ
requiring relief. This is the important fact upon which
Inhalation is based. If the stomach is diseased we take
medicine directly Into the stomach. If the lungs are dis
eased, breathe or inhale medicated vapors directly into
the lungs. Medicines aro antidotes to disease and should
be applied to the very seat of disease. Inhalation is the
application of this principle to the treatment of the lungs,
for it gives us direct access to those intricate air cells, and
tubes which lie out of reach of every other means of ad
ministering medicines. The reason that Consumption.
and other diseases of the lungs, have heretofore resisted
all treatment has been because they have never been ap
proached in a direct manner by medicine. They were in
tended to act upon the lungs, and yet were applied to the
stomach. Their action was intended to be local, and yet,
they were so administered that they should only act con
stitutionally, expending their immediate and principal ac
tion upon the unoffending stomach, whilst the foul ulcers,
within the lungs were unmolested. Inhalation brings
the medicine in direct contact with the disease, without
the disadvantage of any violent action. Its application is
so simple, that it can be employed by the youngest infant
or feeblesl invalid. It does not derange the stomach, or in
terfere in the least degree with the strength, comfort, or
business of the patient.
Other Di.wases Treated.—ln relation to the following dis
eases, either when complicated with lung affections' or ex
isting alone, I also invite consultation, I usually Bud them
Prolapses and all other forms of Female Complaints, Ir
regularities and Weakness.
Palpitation and all other forms of Heart Disease, Liver
Complaints, Dypepsia, and all other diseases of stomach.
and bowels, &c.
All diseases of the eye and ear. Neuralgia, Epilepsy,
and all forms of nervous disease.
S. I. lIARD3IAIsr, 11. D
1M..N0 charge for consultation. [Sept. 0, 1857
COUNTRY DEALERS can
• 7,:"Thls buy CLOTHING from me in Huntingdon at
WHOLESALII as cheap as they can in• the
cities, as I have a wholesale store in Philadelphia.
Huntingdon, Oct. 14, 1857. H. ROMAN.
rivas, TEAS—of excellent qualities :
and tho cheapest in town, at LOVE Sc AIIeDIVITS
- 11111,ROCH.A. and - Wool Shawls, Fine and
Cheap, at the cheap store of D. P. GWIN.
BOOTS and SHOES, the largest and
cheapest assortment in town, at
THE LARGEST AND CHEAPEST
Stock of Fancy Silks, and Colored Straw Bonnets in
town, aro at FISHER & Mc3II:TRTRIE^S.
OLOAKS, TALMAS, RIGOLETTES,
VV Victorines and Head Dresses aro sold at prices, which
defy competition, by FISHER & MeMURITtIE.
C.UM SHOES, cheaper at D. P. Gwin's
',LA than can he had in town. Call and see thorn. •
SILK BONNETS, latest styles, in great
variety, and very cheap, at tho mammoth storo of
D. P. GWIN.
JLOTHING ! CLOTHING !! Keep
yoursolf warm. Call at M. OUTMAN & CO'S Cheap
Clothing Store, in Long,'s new building, Market Square,
Iluntingdon, Pa.l A good stock always on hand. (0c28.)
GEROCRIES, &c., &c.—Call at the
cheap store of BENJ. JACOBS. All kinds of coun
try produce taken in exchange at the highest market pri
BOOTS & SHOES.—OId and young
can be atted at BENJ. JACOBS' store in Market
bplale, Huntingdon, Pa. (0ct28.)
BLANKETS, PLAIDS, LLNSEYS,
Mandl, at all prices, at the mammoth store of
FISHER & 3Ic.MURTRIE.
440 URNING COLLARS--:—handsoine
stylesAust received by
FISHER & 310.1IIRTIIIE.
fiLOTHING !—A large stock on hand,
at the cheap store of BENT. JACORS. Call and ox
stnine goods and prices. (0ct213.
GRAFFITS MILLER, Site
A. W. BENEDICT, Auditor
11. L. MOCARTHY,
G. W. 3IATTERN,
D. P. OWIN'S