American volunteer. (Carlisle [Pa.]) 1814-1909, April 25, 1839, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    ing a trembling wretch, like'that described
in West’s painting of the betrayal of our
Divine Lord and Master, like Judas Iscari
ot; summoning but coufage enough to leave
the chair and leap'out at the back window.
I would also have exhibited the expression
used by tha Speaker, when he aiffihisfriends
reached thex-pavement. . It he then
Iqoked tip and cried out in affright: “There
is a gallows as high as that on which Haman
of old was hung. We will all be strung up
in five minutest Ilia friend TKaddy coolly
replied "Penrose you are a coward! It is
nothing but a lamp,-post!” If it was n'eccs
sary to havje another 1 scene you might have a
thorn hedge near ,a grave yard, in the dis
tance with the affrighted countenance of the
Speaker showing through in the twilight,
and it might be written over his head “we
are safe; it is so dark they can’t see us.”—
If this was not sufficient you might add to it
the features of the Speaker and his beautiful
expressions of countenance while he was de
livering his very eloquent three days speech
in this Senate to the infinite amusement of
those who heard him. If these illustrations
were put in the work, I have no doubt it
would be much sought after, and go down to
posterity as a work of great merit. ,
• I shair now make a few remarks, with
regard to the much abused democratic party.
The leatned speaker has attempted to give
Jou a description of that party when Gen.
ackson first came into power. He says
there were many blue light federalists con
nected with it, and he says further, that the
party became very corrupt and he left it, an
event which, I admit, purged and purified
the party to some extent! The senator has
also attempted to give you a reason why
these federalists and others left the party,
but I would ask if silver and gold had not
their charms in taking some away? I would
ask if bank influence did not-take some a
way; and whether speculations in blink
. stocks had not the effect of, leading some
away, who have' been greatly condemned for
their conduct? This is a matter which I
would like to have answered. The learned
senator has told you “to the victor belongs
the spoils of -lhis he says is
the creed of the democratic party.. 1 would.
enquire, if there are no other parties which
take the spoils? If there is not a bank party
in Pennsylvania which has been charged
with taking the spoils? J wquhl ajk die
senator, if at the time the Bank of the U. S.
waS re-chartered in Pennsylvania in 1836,
there was not. something in the shape-of
bank stocks,, which was settled upon as a
portion of the spoils, for those who had de
serted the democratic party? The speaker
has told you that his course has alwaysbeen
consistent. I would ask the senator wheth
er he doubts I can prove that in 1824 he
denounced Gen. Jackson, and compared
him to Nero, and afterwards suppprted and
bestowed upon him all the praises which he
was capable of bestowing upon that.
shall be commented- -upon at proper time
and on a proper occasion.
I will now proceed to another branch of
the argument. The honorable speaker has
told the committee that he was rudely as
sailed. He has described to you that the
poisoned arrow of the senator from Lycom
ing has wounded him deeply. I will answer
him by saying, that if the arrow was dipped
in poison, it was the poison which truth en
genders. If that arrow was dipped in poi
son, he prepared it for himself, by his own
acts in life. If this is poison to the mind—
if this is poison to the character —if this is
calculated to undervalue him in the minds
of his fellow citizens, then*! say truth will
always destroy the reputation of luen. If it
does have this effect I cannot help it. I
never created the facts. If it was madness
in me to attack the speaker, he may thank
' Himself and his friends- for it. The resolu
tions of the Lycoming meeting were brought
in by the senator from the city, and I was
called upon to sustain them or disavow them.
I did attempt to.sustain them by. arguments
and it would seem that the resolutions and
arguments have had some effect upon the
mind of the speaker, for he has shown suffi
cient evidence of it in his-tlu ; ee days speech
to the senate. I hope they may. have the
effect they werelntended-to have and re
form his political conduct. He says what?
He- says he is accused-of-treason:
Aye "honest, honest Jago!”
, He is accused of treason, and by whom?
By a yankee! It is rude to to tell the truth!
It is rude that such an. accusation should
come from such a man,! If it is rudeness,
this rudeness is'clothed in words of truth.'—
I did attempt, by arguments, to sustain tire
positions taken' in the resolutions, and since
thenarhave' hcard nothing'to change niy o
pinion with regard to the arguments thpn
adduced. The hohorabLe.Jpeaker has asser
ted oh the floor of the senate that his prin :
ciples and opinions have never.changed.—
If this is the case then I have only'to say to
the speaker, from the evidence ! shall bring
forward, that in 1835 he played the hypocrite
and he may take which horn of the dilemma
he pleases. He was either a hypocrite in
' 1335, or a traitor to the democratic party in
1836. I speak not without the book,,;_l,t
was said by.one of old “Oh had I never
written a book!” and the speaker, mighfuse
the same exclamation on this occasion. !
will produce this little book to the commit
tee. It is the proceedings of the democratic
state’conventipn, which assembled at Lewis
town, on the 6th of May 1835. I find in the
proceedings of that convention,' that Mr.
, Penrose from the. committee to prepare an
address, reported one.,intended to sustain
the’cause of Now,, however,
he says that'the party has changed and that
he is the same. I will read a portion ol it,
and see how his doctrinesthen, and his dec
larations now, can bcreconciled: • _ ■
“A.-spirit, is abroad among oury citizens,
showing them to be wakeful and vigilant to
the preservation’of. their rights, and deter
inined to maintain oiir republican institu
’tions,and-frcethem- from the encroaching
corruptions of power, always dangerous, &
becoming daily more alarming. It is.thci
same spirit which .animated our fathers, to
the contcst.wi'th British power; which burst,
the shackles of atyrant king, and proclaimed
this happy republic “free, sovereign and in
dependent.” It is the same spirit so recently
manifested by you in the contest waged with
the United States Bank, which-sought to
seduce the venal, and terrify the timid, into
unconditional submission to a power fatal to
■the liberties of the people—the power of as
sociated and incorporated wealth—the aris
tocracy Of money.”
The United States Banks sought to seduce
Jhc venal and terrify the timid and this was
the reason why it was dangerous! A precious
confession from one who voted for the re
charter of this same bank-.within a year!
What are the doctrines laid down in this
part of the address? They are, that associ
ated and incorporated wealth, and that the
establishment of a bank with a capital of
thirty-five millions, by the United States
was dangerous to the liberties of the people.
Yet the senator tells you, on the floor of the
senate, that he was actuated then by the
same principles which operated upon him
when he voted for the charter of this bank
in the legislature in 1836.
Mr. Chairman, a book contains much
valuable information, but sometimes it is a
thorn in the side. These types are curious
things. Sometimes they.bring honied words
to the car, and at others they score the au
thors to the very vitals. But let us look a
little further into this matter. We find the
bank of the U. States re : charttred Under
the following specious title: “An, act to re
peal the state tax on real and personal prop
erty, and to continue and extend the im
provements, of the state by rail"roads and
canals, and to charter a state bank to be
called 'United States Bonk.”—Here then
we Have the title.' Now for the body of the
act. It commences as follows: “The pres
ent sjockholders of the bankqf-lke~U~Stalea,
excepting the United States and the treasu
rer ot the U. States, and such other persons
as may become stockholders, agreeably to
the by.-laws made for that purpose to an
amount mot exceeding in the whole the
present capital of the said banks theiy suc
cessors and assigns,, be and arc hereby cre
ated a corporationipb.d body politic, by the
namdityle and title of “the president direc
torsjahd cpmpanypf the jthe. U. Ss”
and shall continue until the thiriT’day of
March, 1866.’^
Heie we have it. The very.men‘who
attempted to seduce the venal and. terrify
the timid and destroy the liberties of the
country, are incorporated by the legislature
■of Pennsylvania, and the speaker of -the
senate voting for the act! But we are told
on the -floor of the senate, that this was a
state institution andycry different from the
one which was abused by the senatorin 1835.
Wonderful logic. In 1835, this company
by the the next year these same men became
so pure that it was a great blessing that they
were retained in this commonwealth, and
found a resting place for thirty years! But
let ns hear a little more of this address:
“We feel proud that we.represent such a
people, and respond to this spirit. We are
convinced that spirit is among us, and that
ours is the' cause of freemen. We look-a
round in this convention and we recognize
among its members those who, from the days
of the revolution to the present moment, have
been the steady advocates of the peoples
rights—who have grown ’gray in their holy
cause. If we refer to the history of our
recent contests —if we dwell upon the days
of panic, we shall find the names of men
who manfully contended against the fearful
power which threatened the liberties of the
country, still faithful to the same cause, and
testifying their fidelity by coming into this
convention to preserve the fruits of a victory
achieved by the people, but which remains
to be seenred against the insiduous efforts
which the same Bank is still making to ob
tain the ascendency over us.’.’
' What was the condition of affairs with
regard to the bank at this, time? Does not
every one here know that at the winter pre
vious Congress had decided against the re
charter of that institution? Every body,
-knows that-its-'chartcrwasto-expire-omthe.
4th of March, 1836, abd knows that the
bank did not again .intend, to apply ty con
gress fol'.a'rechartcr. 'Wliat was; it then
tjiat the democratic party were struggling
against? It was to prevent the ■ bank from
obtaining a charter, front the legislature, for
it was justly feared that she would make
application to it for a recharter. Let us,
however, bear a little’more on this subject
from Mr. Penrose’s address.
“We-dornot.fellow . citizens approach
undefbrdinarylcircumstances; but we know,
and you’are no. doubt convinced that the
occasion, with its attending incidents, is one
“bfimmense importance to the cause of pop--
ular rights, and that all your best efforts will
be required to preserve them. We repeat
the language of thedistinguished Benton; the
Bank of the United States is not dead,” she
exists in all the vigor of concentrated wealth
—in all the pride of wounded aristocracy,
envenomed by’the consciousness that her
mighty efforts have been resisted and defeat
ed by a virtuous, and as yet a free people.'—
You drove her from the field, but her armies
have merely changed their position.”
What sir was that changeof position? The
winter before she was‘ struggling with , the
democracy in congress to- overcome them
and obtain a charter from the general gov
ernment. She had arrayed her armies on
the’ floor of the national legislature had there
been defeated, and when congressadjourned
without granting her ,n charter her armies
changed their position. They were still ar
rayed against tho righ ts and, liberties’ of the
people. But'they, changed; their position
from the. floor,’ Of the national legislature' to
the floor ofThe legislature, of Penhsylyahia,
ahdthere was the gentlcman froni Qumber
land so unfortunate as to b.e made a prisoner?
.<&£*** ft# ****** t *
Oh ho ho was too brave and valorous a nrnn'
for that!-rill-the bank armies could not take
him prisoner! ■ But, the gentleman in his
address describes another way in which some
were taken. . He says “she has tried the lion
skin —she no w pu ts on that of the wily fox.”
That is the way they took him, The scduc
dions of wealth will operate on the minds of
the venal, as the gentleman, said in his ad
dress and in this way was he made prisoner
and led captive into the arms of the Bank.
But he has not changed his opinions.'. Oh!
no, he entertains the same opinions of the
bank now that he did in 1835 1 - I ask-any
man, who can read the English language,
whether he has not changed his opinions,
and it he has not, whether he did not play
the hypocrite in 1835? I will read a little
further from the book.
“She affects to have given over the contest;
she ceases her cry of panic and .confusion, of
ruin and'devastation, and she proclaims by
the tongue of her most eloquent advocate,
that "the Bank is the creature of yesterday,
and, expires to-morrow.” In the mean time
she expands her accommodations, although
in the season of panic she oppressed the peo.-
ple, and told them she was obliged to do so
because the congress of the Hnited States
refused to extend her existence,“and she
must contract her business; yet how, in the
last of her existence, she increases her dis
counts until they are again swollen to the
enormous sum ot nearly SEVENTY MIL
LIONS!”
Now I ask you, whether you can reconcile
the vote of the speaker for the charter of the
U. .States bank, and the-arguments which
he adduced in 1835 in this address. He
does attempt it by saying-that there is a
difference between a U. States Bank, and a
large state institution. But I ask you a
gainst whom were all those arrows directed,
andagainst whom- dirt he array his cannon
in 1835? Why, sir, it was against this self
Same company which he voted to rechartcr
in February, 1836. It was the same incor
porated and associated wealth the same in:
stitution which had tried the lion skin and
then put on that of the wily fox, and yet he
is consistent and has no| .changed hip princi
ples! One would think he was educated in
the pame school with' captain Zeigler’s sol
dier, whose changeable nature and incorrigi
ble folly the speaker so well described.
( Conclusion jit, our next.) .
From the Harrisburg Reporter.
Pretended “Riot ” Cases.
The prosecution commenced by Stevens,
Burrowes and Penrose, against several gen
tlemen who had been selected as the ob
jects of their party vengeance, on an alleg
ed charge of riot in December last, when
the schemes of these conspirator's against the
laws and constitution of Pennsylvania, were
so signally defeated by the calm determina
ingulfed peoples cutup*’—
day before the cpm-i-c-m — --
known efforts of the conspirators to procure
a conviction in this case, in the vain hope of
producing a re-action 1 in public opinion,
which they feel has placed the seal of ever
lasting infamy upon their foul plot, gave to
this, trial peculiar interest, and attracted to
the court house a large crowd.
The court having ordered the trial to pro
ceed, Mr. Fisher, for the prosecution, sta
ted his intention to try but two or three, or
one of the individuals at a time as the case
might be.
When Mr. Pray was called on to plead,
Mr. Barton rose and stated,, that he had
certain affidavits to present to the court,
preliminary to a motion which, as one of the
.defendants, and as one of their counsel, he
was about to make in their behalf.
Mr. Fisher strongly resisted the right of
the defendant to have any affidavits present
ed until they should have been submitted to
the private inspection of the counsel for the
prosecution,.in order that they might judge
of their pertinence and relevancy!!
The court promptly decided against him,
aiid directed Mr. Barton to proceed -and
read the affidavits: notwithstanding the de
cision of Judge Blythe, Mr. Fisher persist
ed in his objections, evincing the utmost
perturbation; which was evidently shared in
by Mr. Stevens, who sat by his side, whis
perinE.tinhis-ear,-and-promptinghiB-cpurge.
Judge Blythe, reiterating his decision, di
rected Mr. Barton to pr'oceed and read the
affidavits, which he did as follows: • <8
Dauphin County, s's.—Charles Pray, a
member of the House of Representatives
from the county of Philadelphia, and one of
the defendants in the indictment for riot and
conspiracy, found by the grand inquest of
-Dauphin-county atTnie-January term of-the
quarter sessions of the present year, being'
duly sworn, in open court, before the Hon;
Calvin-Blythe, deposeth and saith: That,
sometime after the hour of ten, one evening,
about the middle of March, A.'D. 1859,,he
was in the bar room of Mr. Wilson’s hotel,
in the borough of Harrisburg, at which house
he. boarded; that John Adams Fisher, Esq.
attorney at law, 7 of. the said borough, enter
ed the bar room—Mr. Fisher being,the prin
cipal counsel retained to prosecute the said
case, and by whom, (as defendant hath been
informed and believes,) the. bill of indict
ment, was prepared, and on whose motion,
and at whose instance, , the trial was,post
poned at the January term of-the court., t- •
: Mr., Fislter commenced a conversation re
specting the trial bf the.said case, at the ap
proaching April term, of the court; in, the
course of which be remarked,, among other
things, that the defendants were a get . 'of
damned rebels: that he would pack an anlt
masoniejury, and he. would bc-Gbd-damned
if, he could not make them do as he pleased,,
right ' or wrong; and' that, guilty or 'not
‘guilty, by, Goa the . defendants should be
convicted and'sent, to prison.. These.rp-,
were repeated'seyefhi ‘times by-Mr.Tisher,
in an angry .tpne of voice, ’and-under-tlie
evident influehceofhighly excited feelings.
Deponent immediately requested v flie bar-
keeper, Christian ,S. Kendrig, to remember
the names of the gentlemen present. Among,
them were Alderman John R. Walker, of
the city of Philadelphia,- editor of the Herald
and Sentinel; John Naglee, of the county of
Philadelphia; James R. Templin and David
Pool, of Harrisburg; Gen’l. Wm. T. Rogers
and William Field, members of the legisla
ture from Bucks county, and several otherg;
And further deponent saith not. -
■ Sworn and subscribed before me,'in open
court, this 18th day of April, A. D'. 1839.
CALVIN BLYTHE.
Dauphin County, to wit.—John W. Ry
an, being duly sworn in open court, before
the Hon. Calvin Blythe, deposeth and saith:
Tliat he is one of the members of the House
of Representatives from the county of Phil
adelphia, and one of the defendants in the
bill of indictment found by the grand jury
of the court of Quarter Sessions of said coun
ty, in January, 1839, for riot and conspira
cy. Deponent further saith, that one even
ing, a short time before the adjournment of
tile legislature in March last, he was. in the
bar room of Wilson’s Hotel, in the borough
of Harrisburg; that John Adams Fisher, Es
quire, one of the counsel to prosecute the
said case, was in the bar-room, and after ad
dressing some-remarks to deponent, that he
declared, that the defendants were a damned
set of rebels, and should be convicted right
or wrong; that he hadpaekid or would pack,
an anti-masonic jury; and that he would be
God-damned if he could not make them do
as he pleased; and that, by God, he would
have the defendants convicted, and sent to
prison guilty or not guilty. Mr. Fisher
made many other remarks of like import,
before leaving the room. Among the gen
tlemen who were present, deponent remem
bers Charles Pray and John Naglee, of Phil
adelphia county; Alderman Walker, of the
city; editor of the Herald-& Sentinel; Wif
liam Field, of Bucks county, and several,
others. And further deponent saith not.
Sworn atid subscribed; in open.court, be
fore me, this 18th day of Apnl, A. D. 1839.
r CALVIN BLYTHE.
• Dauphin County ss:—Christian S. Ken
dig, of the borough of Harrisburg, in the
county aforesaid, being duly sworn, in opcq
court, deposeth and saith: that he is bar
keeper at Wilson’s hotel, in'the said borough:
That about the middle.Sf March A, D. 1839,
(to the best of deponent’s knowledge and
beliefron Sunday the 17 th day of the iriorith'J
between the hours of ten arid eleven P. M.
-John-Adams-Fisher.-Esq. attorney at 1 aw,
came into the bar room, where a number of
gentlemen were sitting and standing. Af
ter a short interval of time, Mr. Fisher com
menced a conversation respecting the ap-j
preaching trial, of the case of the common
wealth against Gen’l. Adam Diller, John J.
M’Cahen, James Black, Charles
others, indicted for conspiracy to produce a
riot, and for the actual commission of a riot,
■ 11. |1 a - r* — l - I —i *7,^*—n^o**
Jt*«^-i a «oWcr-4>€rsng, " as 'depOnerft"‘tfndi;rg(.mrd
and believes, the principal counsel employ r
cd to prosecute and conduct the trial of the
said indictment against the said defendants.
While sitting on the settee, and conversing
as aforesaid, Mr. Fisher expressed himself,
with great emphasis, arid apparently much
excited, to the following effect: That every
damned one of the defendants, or rebels,
should he convicted, that he , could pack a
jury, that would convict every one of them
right or wrong; that Dauphin county was
an anti-masonic county, and that they could
do here as they pleased. This, and much
more to the same effect, accompanied with
many oaths, he repeated several times; after
which he left the bar room, and went into
the parlor, and deponent saw no more of him
that evening. At and during the time Mr.
Fisher used those expressions, there were
present, in the bar room, General Wm. T-
Rogers and William Field; Esq. of Bucks
county; James R. Templin.and David Poole,
Esq. of Harrisburg; Charles Pray, John W.
Ryan, and John Naglee, of Philadelphia; and
several other gentlemen from different parts
of the state; and further deponent saith riot.
Sworn and subscribed in open court, this
18th day of April, A. D. 1839.
CALVIN BLYTHE.
Dauphin County, to wit: James R.
Teinplin, of the borough of Harrisburg, be
ing-duly-sworn^in-open—courtr-before—the-
Hon. Calvin Blythe, deposeth and saith:—
That he was in Matthew Wilson’s bar-room,
in the borough of Harrisburg, one evening,
the,precise date of which he is unable to re
member, in the month of March last. There
were present'William Field, member of tjie
House of Representatives, from Bucks coun
ty, and General Rogers, of the'Senate, also
from-Bucks;- several gentlemen from Phila!-
delphia. one of whom, as deponent was in
formed, was Alderman Walker; the editor
of a daily paper in said city; Charles Pray
and JohnAV. Ryan, members of the House
of Representatives from Philadelphia coun
ty; David Pool of Harrisburg, and several
others. , John Adams Fisher, Esq. of the
Harrisburg Bar, came into the room shortly
after deponent had entered. Mr. Fisher in
troduced a conversation in relation to the
approaching expected trial of Gen’l. Adam
Diller',. John J. M’Cahen and others, for riot
and conspiracy. Among other remarks made
by Mr. Fisher, he said, that Ryan was one■
of the damned rebels, and that he could have
them all convicted,- right*.or wrong: that
Dauphin county was an anti-masonic coun
ty, and he Would be God-damned if he would
not-pack an anti-masonic jury, and make
them do as he pleased; and that, by-God, an
anti-masonic jury would be packed—-to con
vict them, guilty or riot-guilty. Much more
was said by-Mr. Fisher of similar-import;
and the declarations made by him were re
peated frequently; and, in Varipus-.terms.—■
■
, Sworrt and subscribed,; in open court; this
18th.day of April. A. D. 1839. : r v — J
, CALVIN BLYTHE.
■. After 'the affidavits had. been; severally,
read, 'Mr. Barfon-proceeded tto remark: —.
That in bringing forward the affidavits which
had just been submitted to, the court, he was
actuated .by no spirit of resentment or hos
tility towards' the individual whom they im
plicated. His motives had their origin in a
solemn conviction of dhty towards
the defendants of whom he was one, and for
whom he was counsel—of duty to the court,
and to the honest yeomanry of Dauphin
county, of whom so tool and shameful a li
bel had been proclaimed, by the leading
counsel for this prosecution. The defend
ants were aware that no stone had beeb left
unturned to prejudice and affect their case
in the public eye; but they had not thought
so badly of human nature as to believe that
direct exertions would be used to, tamper
with" the' integrity of the very jury box it
self, until this unguarded avowal of the
prosecutors’ mouthpiece had informed them
of it so fully, that-tnere was no room left for
doubt. They had intended to plant their
defence on the naked merits of the case; re
jecting all technicalities, waiving all defects
of form or substance, and relying on the in
trinsic value of the evidence which could be
adduced in their behalf. But when the most
unequivocal evidence had been discovered
and presented, as.not merely a-desire, .but a
boast, that the stream of justice had been or
would be polluted at the very fountainhead
and source, he could not, in the conscien
tious discharge of his duty as one of the
counsel for the defendants but take advan
tage of the manifold defects of both form
and substance which had marked the whole
proceedings of the prosecution, from the
commencement to the present time. lo an
hour of unwonted or unsuspecting frankness,
the rattle had been sounded, and it was not
for the defendants to rush into (he thicket
where, self-avowed, the serpent lay coiled,
when they could choose their own track. — 1
He would movei therefore, that the indict
ment be quashed, for the following reasons:
the court of quar-
The Commonwealth / ter sessions of Dau
vs. >phin county.
Charles Pray , et. dl. I Bill, found January
• I,sessions, 18ff9.
The court arc respectfully asked to quash
the above named bill of indictment, for the
following reasons, to wit:
1. The persons who acted as grand-ju
rors, and by whom the said bill was found,
at the January sessions, A. D. 1839,'had no
authority by law to act in that capacity, not
having beep selected and returned accord
ing to the provisions of the several acts of
assembly, directing the mode of selecting
and returning jurors. v -
2. The sheriff and commissioners had no
authority to select and return, ns grand ju
rors, the persons who acted as such at the
said, January“9cssibns, A. D.. 1859, no pre
cept having been issued by the court, to
them, for that purpose, without which the
whole proceedings were erroneous and ille
gal.
—av-The - Sheriff" and Commissioners have
irorcompnen wmi -tmr iiuiispeiiaaWc rcqulsl--
tions of the several acts of assembly in
drawing and returning the persons who un
dertook to discharge the functions of grand
jurors at the said .Sessions of January, 1839.
- 4. The persons who acted as grand ju
rors, and found the bill of indictment above
mentioned, were incompetent in law to per
form any such act, riot having been sum
moned according to law, arid under the au
thority of the court; no writ of venite facias,
under the seal of the court of Quarter Hes
sians, having been issued to the Sheriff" and
Commissioners for that purpose.
5. The several provisions of the acts of
assembly have not been complied with, eith
er in drawing, selecting, summoning, or re
turning the persons who acted as grand ju
rors, and found the said bill of .indictment;
consequently, all their acts are null and
void, and the defendants cannot be called
on to answer, but the bill must be quashed,
the whole process having been defective, ir-.
regular, and illegal.
. 6. The bill of indictment is in itself de
fective, in the requisites of sufficient and
substaritial averments.
7. It is defective and insufficient in the
fact that it does not set forth the addition of
the several defendants, bu t mentions merely
their names, a want of certainty, at utter va
riance with the well established and long
settled rules of-criminalrpleading. -nnd iff
non-compliance with the explicit provisions
of the Statute of first Henry sth, which said
statute is in full force in this commonwealth,
and so declared to be by the judges of the
Supreme Court of Pennsylvania, in" their"
report bf T 808, to the legislature oft the
State. , 1 ’ , ‘-r:.; , ■
G. W. BARTON, ") ,
HAMILTON ALRICKS,
CHARLES C. RAWN, J lor aelt 8
Harrisburg, April 18, 1839.
Afterflie foregoing reason's had been read,
and several arguments were delivered by
the counsel for the prosecution and the de--
fendants, the indictment was quashed.
AWFUL occurrence.
The. Newport, R. T. Republican, states
that on Thursday morning, about S o’clock,
the house of Timothy ftTPeckham, in Exter
R. I.,was burnt to the ground, and eight per
sons perished in the flames. The saine pa
per adds: ;
'“Their names were James Tennant, Free
man Phillips, Thomas Rathbone, George L.
J. Thrustpn, aged Byears, Elizabeth Griffin,
Hannah Robbins, Sarah Ann ’ Armstrong,
aged 5 years, and Ruth Willoughby, all of
Exter. Sonic were'thc poor of the town,
who were boarded by Mr. Peckham, Mr. and
Mrs.’ Peckham and two others made their es
cape, and the alarm was given in time to al
low’them rail to escape, but it is presumed
they stopped* to pick up their clothes, and
thereby perished. ’ The loss of property is
estimated af 53;P,00.- : 7 ■ , ; *-.•
’..The' fire is supposed to have been the
work of an incendiary, from the following
circumstances;. _A_manoTin;tcmpenitchab.7
its, of wliom Mr; Peckham , was guardian.
demanded admittance about twelve o’clock
.that night, and was refused, and fold to go
into the barn and sleep._He went off, threat
ened to have revenge, and shortly afterwards
the house was discovered to be.on fire.—
Nothing further, however, has been adduced'
corroborative of his guilt.”
THE AWFUL PLUNGE!—The St.
Catharines, U. C. Journal of the 6th, states
that five men. went over the Niagara Falls
on the previous Thursday. The Journal
says, “The only particulars which we have
been able to learn, are, that just before sun
rise on Thursday morning last, a boat with
two men in it was discovered in the middle
of the river, above the falls, vainly endeav
oring to make their way. through the ice,
with which they were enclosed, to the Can
ada shore. Their utmost exertions proved
unavailing, and in a short time they were
seen to enter the cascades, when they dis
appeared. In half an hour after, another
boat, with three men in .it,. was";dißcovercd
in the same awful situation, and trying too,
to gain the Canada side; but in a few mo
ments shared the melancholy fate of the oth
er. ■ Yesterday the body of m man was pick
ed up in the Whirlpool, supposed to be one
of these unfortunate men, having about-his
person two hundred dollars, ana if valuable
gold watch.
AMERICAN VOLUNTEER.
BY SANDERSON 8c CORNMAN
CARLISLE:
THURSDAY, APRIL. «5, 1830.
80” We are reluctantly compelled'to di
vide Col. Parsons’ speech, in order to make
room for an abstract of the proceedings in
the Dauphin County feourt, in reference to
the pretended “Riot and Treason” cases
which have been so much spoken of in the
federal antimasonic prints for the last three
or fogr months. Dur readers will perdbfve
that the conduct of the, federal leaders in
this particular, as in every other outrage
they have been guilty of for the last twelve
jaouths, has but sunk them deeper in the
slough of iNFAMY and disgrace. This liist
act in the drama of the federal conspiracy
has exploded, and nothing now awaits the
conspirators but the scorn and' detestation
of an indignant community. So long as this
Republic endures, so long will the names of
Thomas H. Burro Wes and his infamous ad :
juncts in the Senate and House be, held up
as beacons to warn those who coine after
them of the deen and damning disgrace
which attaches demagogues
who 'seek to subvert the liberties of the
people. ' - - -
The Boundarv Question. —Thel'J. York
Commercial Advertiser of Thursday last,
states that “such, instructions have been
transmitted to the By tislf Minister, at Wash
ington, by the Great Western, as will ob
viate the necessity:pf sending a special min
ister to London. .The scat of negotiations
for the -final adjustment of' the boundary
question.is. transferred .from London to
Washington; and those negotiations will be
pressed .to a definite conclusion.”* r
An article on the subject, which appears
in the London Chronicle, the official organ
of the Enghah cabiriet, and another in the
London Observer, favor the probability ot
the correctness Of the Commercial’s ■ infor
mation. ’
More Indian Troubles. —"We regret b.
hear,” says the Jonesboro’ (Tennessee) Sen
tinel, “ that there is strong probability O'
hostilities among the - Indians West of th»
Mississippi. We see it stated in several o
our exchange papers.that the Georgia Creeks
headed by Mclntosh, are reported to be ii
arms, with the determination of making wa
urpon-anothertriberthe-Qsftges-.-it is thought ~
and some of the United-States troops havi
been despatched from Fort Gibson to th
scene of hostilities with a view of preserv
ing peace.’.’ . .’
• Stbam Vessels.— The New York Airier!
can mentions that the Board, which hav
been sitting at Washington, to devise am
recommend plans and models for sea stear
vessels of war, havedetermiried to.build tw
steam frigates of over 1600 tons burthen, t
carry 10 guns each, viz: two bomb cannom
and eight 42 pounders. One is .to be con
structed .at the Brooklyn Navy Yard, an
the, other at Philadelphia. - ■
American 'steamboat, plying o’
Lake Ontario, has been, fired upon’from tl
Canada shore. -This is.the third.outragei
the kind which has been committed withj
(he last eighteen months, - ' : ..-
JcHflour in Carlisle} Sroppcrbarrck —