TERMS OF PUBLICATION. g 2 00 per annum, ih-'B^ySnce—or §2 50,< if not paid witliih the year*. •. _ ' 'tukVn fora less term thnn six months, arid no discontinuance peimiktecl until all arrearages are paid,- A failure to notify u discontinuance at the expiration of a will be considered a new engagement. Advertisements^ gf oo per square for the three firat insertions, and twenty five cents for. every subsequent one* • «" UOIjDEjV I?A.IjIj HOTEL, WES'S HIGH STREET CARLISLE. The subscriber respectfully informs his friends and the public generally that Ire has taken that well known tavern stand at fire West end of High street, in Carlisle* for merly kept by Mr. Henry Rhoads, and that he is,now prepared to accommodate Drovers, Waggoners, Travellers, and all others who may fiivor him witli a call, in the very best manner. His Table will be constantly furnished with the bust the country can produce. His liar is supplied with the choicest liquors, and his Stable which is large and convenient, will be in charge of £ careful and attentive ostler. , • He flatters himself that, from his experi ence as an Innkeeper, he will be able to render general satisfaction. — l . GEORGE SHAFFER. Carlisle, May 2, 1839. tf HARDWARE & GROCERY' STO HE.. T hk subscriber respectfully informs his friends • and the public in gencrul'Jhat he has just received from the city «f Baltimore, an extensive ' assortment of merchandize suitable to the eat and approaching season, such as HAB.p'WA.StS, consisting of Case Knives and Forks, Spoons, Forks. Bolls, Hinges and Screws, Pen-and Pock et Kuiv es. U iz >r*», Tacks and. Sprigs, Spades ’ Shovels', hay hTkTot ? Kh, v, 's6 , ythe stories, rakes. See; scc. &c. Also, superior American ’ and English Sajlhea. - - - lie has also on hand an excellent assortment ofPatcnt Family Medicines, such as pills, oils and ointments. Also, all kinds of Essence*-'. Me h is also on hand H >V>e Medicines, such as the Oil uf Spike; Oil of Stone and Morse-Powders, &c. See, &c, //c has also on hand an extensive assortment of American Forest and //indostan Oil Stone,' suitable foi ‘Carpenters and WootFClioppers. //e also has P iwder hy the keg, among v, hich is the finest,KilU- Pmvr!ei\_ Shot, head, Pcrcus sion Caps, and Flints. IU also has an extensive and superior assort. —_ nuMit of • ' Chhtn, GUmss Qnee'nsivarey t twenty percent cheaper than can be bad else wlure. GROCERIES. Rio, .Sk. I) uningo, and Java Coffees. Now 'Orleans and Porto Rico .Vugsir. Orleans and Sn gir*//*u>.e Molassc?. Young 7/yson..lmperial an 1 Black Teas, Chocolate, Rice, Barley. .Soda and Water Crackers, .S'pkjes of all kinds. Nuts :md Confectionaries. Prunes, Raisins. Ground Alluni and Fine Salt. Tar, A’oap and Candles wholesale and retail, at city prices. ) LIQTTO.RB. Wine, Br-mdy, New Engl uul Rum} //arvesl Whiskey, Wine and Cider Vinegar, Sec. t TOSACCO- Cavendish, Roll and Plug. .Spanish and //all •S'p mish Cigars. Mucuba.li, Rappee and Scotch Snuff. '-SHOES & BOOTS. Riding, Gig and Jockey Whins mul Lashes,— UriHlies? —Brooms? —P-mnted-lWckHts, &C. Carpet Chain of all colors. 'Fhc above’articles being carefully selected, are offered to oust >mers and others at citv prices, .• JOHN GRAY, Agent, C irlisle, July 4, 1839. ED St. ,S. C. A'MiWIF, S’JRG-SOtf D3NTIST, • T3T& FSPE.C TFULLY informs the ladies and gentlemen of Carlisle and its vicinity that he sets,Artificial Teeth in the most approved manner. lie also scaly-s, plugs and separates ■teeth to arrest decay Dr. N/' prepares a-tootfcpnxvdcr, .which whi . tens the teeth, wlthoutiiijining the enamel, col ors tlie gums a' fine red and refreshes the mouth. ■The tooth ache will he cured, in mqjjt cases, withmjTTxfruciionT' ami ."ah odontalgic wash is prep ired for hcMing sure gums urn) fasten the teeth. ' • L idics and gentlemen are requested to call nnleximlne his collection of Porcelain or’.ln corniptahlc teeth, which will never decay or cli mge color.- and. are free from all ufipleasant odour, durable and w<-U adapted for chewing, which willhe.inserted in the best maimer and at L_f air. —~ -r : —; ■ i —— All persons wishing Dr., N. to-’call at.their dwellings will .please to leave a line at his rcsi dcnce/Nn. 7 Harper's. Row, when he will punc tually attend to .every call in the line of his pro fession. From a long and .-successful practice, he hopes to give general satisfaction. Carlisle, August 1, 1839. - 3m NEW DRUG & VARIETY STORE. Stevenson A' Sfinhle, M VVE ju*t received at their store, corner of Higiwmd Pitt .streets, opposite Col. Fer ret's hotel, an assortment of __ ■ ■- ■* pp.'jga. y: ~ lasaagsv IKCedicines, Paints, Dye Stuffs 8. Varnishesi Their stock- has been selected with .. great cave,.and is warranted to JS laftA be entirely fresh and of the very best quality. The store will be under the Im mediate.supevintendnnce of Mr. DinKle, who lias acquired a thorough' knowledge of thedufles of an apothecary under tne .direction of Mr Samuel Elliott of this place. . Carlisle, August 15, 1839. : A .ORE AT VARIETY OF SOAPS AND ■ PERFUMERY to be had at ; Stkvknsox Sc Dinki.k’s - . ■ ' Drug and Chemical Store. STEVENSON Se. DIWKX.B HAVE JUST- lIEUEIVED at their Omg and Variety Store, an assortment, of Fruits, Pickles, Preserves, Nuts, See, - - j ' ■f-’S'.TF'BBCKLE'WASH.'' r Higltly recommended by the Faculty, to be; bad at Stevenson Si Dinkte’s. store. . ; . - : a Bleached Sperm Oil OF an uncommonly excellent description to lit had at Slevenaony & .ZWnWe'a drug arid cheiiiicai store S\LAD 011/ofa very superior quality freslr and free from rancidity, to be had lit Ste* nveaqn ■£#. Dinkle’a drug and chemical, stern ’ BY G, SANDERSON & E; CORNMAN.J Whole Ho. X-312. LIST OF LETTERS Remaining in the Post OJfice at Carlisle , Pa, August 31 sty 1839. . Enquirers will please say advertised, „ A- Lob Thomas Esq. Artz Samuel Loomis Hezckiah . Allen Americas M Alii P. A; Meddaiiffh Mary . B Miller Michael Brown Mary Mirmick Leonard & 7 ’ Brown Mr. . Williams Jos. 5 Brown William, ink’r Myers Abraham Black Jane Million Eliza Bruner Daniel B. n Minnich Lconara Bargat Andrew Moreland Lemon Bradley A. T. Miller Susan Beltshover John Esq. Miller William Burkholder Sarah A. .Myers Benjamin Baldwin John C. ‘ Morrison Margaret Browmvcll David Mcßride Augustus. Bowers Moses McElhonnoy Samuel Bailey Daniel McCoskry Samuel A. Bishop Jacob . N C Nisley Benjamin Crevbr .Margaret - % Nelson John A. . Chcsney Henry Neimerick John .Cordon Amanda J. O Cart Jonathan •* O’Brien Marion Carothcnr William ' Osbom Mary Glbndcnin John —P Curry Margaret ’ Parks Catherine Carbthcrs Elizabeth 'Perry John D Potts Sarah Davis Eliza Park William Douglass Nancy * Phillips John, junr.. Denny J. C. H. ' H - ' Dmiycri Ann Uellcry & Fordyco i Devincy Dennis Reamer John ( Davis Sarah 13. EUchift,John 1 E •' Ueighter Mary Eborsolc Benjamin , Reisingor David M k /Evans Henry Robinson Jane .Ann .Eire George Capt. S ° V Shaw Mrs. A.’ 2 4 Poland George- ...SmwcVy, John Fisher Thomas Shank -David G „ Smith. Matilda - -- ‘GbtsTioTGoorgc - Sites Joseph Gibson William. C. Spencer M. Esq. i Graham Washington -Swanner John ’Graham William Shaffer Mrs. Gorrol Nancy r 'Strohm George Graham Isaac "Smiley Rebecca . Gorgas John D. • Sleigleman Anno i Griffith Alfred Roy, Spottswood Esther Gilbreath Eleanor ‘ Stevens John C. j Gaw Charles 13. Smyth Michael i Gnihlea \Villiaiq Slider,John t ... ■ Grove Henry Swoigart Christiana. > ! II damson Mary Aim _ : Hatton John ✓ Smith Thomas ’ llowevd Betsy •* Shambough Philip Hull, Pole; .T , Herr Christian’ . Turner Mary - Hoover D. h Trosdh Henry Hess Mr. Turner Susanna Hpnnan Jeremiah Thorner Eliza Williaifi S. - v U V Hykos John Ulrich NichplaS Howell A. IT. Vaughan G. W. Heffner David W’ I lorshu Abraham' ' Wcisc Geo. wagdnpijr. Hall Owen C. Wcisc William • ‘ Hake Arm Wnlbury George J Weidman Mr. Jumper Benjamin . AVatzel Samuel K Wolf Daniel TCutz Benjamin ■ - While Elizabeth Kissinger Jonathan Westhelfer Charles Kauffman Joseph WUsori Joseph Kinkaid John Windcrmakcr William Krover Samuel Y . Kainer John . Young John Jj Yaw Gporgc Lauck Henry - Z' •• , . I.ockard Jane ■ Zug Elizabeth Miss f Loih Mary An • Zuck Elizabeth Mrs. Bolder Maria Zorhonglf Charles Linharl George Zigler Jacob Leiclig David & Martin Zigler Philip Lcet Horace , IT. S. Army. Barrett Joseph J Scrg’t Moses J O Sorg’t Fox Horace ' McGuire John Hoffman William H Tubl> M A R. LAMBERTON, P. M. Estate of Mndrcii!*Malce:rp fUc‘d. NOTICE.’ . -■0” ETTERS testamentary on the Estate of An @_idrew/ Matcer, Esq. late of AUen-towosliip, (Junihi-rl'and county,, deceased, JiavcJlfeii-ISSUEd to the subscribers. All persons having claims a galnst said estate are Jicrhby requested to present' them properly authenticated for settlement, and those indebted will make payment immediately. ANN MATEER, Executrix, * ' Residing in Alien township, SAMUEL-CLARK, Executor, Residing in Honroe township, Auimst 12. 1839—Ct. .. ' LS- A VALUABLE PLANTATION . FOR SiUiEk ■ SNpursmnce of the directions of. the last will ot Jacob'lialmer, late of Cumberland county, Pennsylvania, deceased, will he exposed to‘pub lic sale on the premises’,. bn Tuesday the Jsih clay of . October, at"! o'clock, P. M. the allowing described veal estate ot said deceased, to wit: - r 139 ACRES AND 100 PERCHES; neat measure, of first rate limestone lahd, situate in Allen township, Cumberland comity and state of Pennsylvania, bounded by landffof Jacob Mer kel, Daniel Shelly, John SheeWi- Gtmyge Hupp, and the heirs' of John IHipp. 'BKHffiprovcmems are a NEW BANK BARN, 80'%t by 40,- the lower story TUnne and the upper frame, A. TWO STORY LOG DWELLING*^. SO tJ S 3, ' Wagon Shed, Spring House, . and other out houses; a well of never failing good wafer near the house with'a pump, an orchard with the choicest" fruit treesfabout 10J acres are clear and in aigobd state of cultivatihu! the re mainder is covered with thriving timber. The state road leading from Harrisburg to Gettys burg runs through said land close to the house. This property is situated,in the riclr-Cumber land Valley, about 5 miles from Harrisburg and 12 from Carlisle. , - ; . The terms will be malic known on the day ol stvie GEORGE HOUCK/ . • Bjcecutors of JacoblValrner, dcc’cL N. n.—Oiuhe clay, at 5 o’clock, P. .will be sold n lot in late Uu property of said*'deceased,' bounded by. lands of Daniel (irabill and ChriSiiari Ralmer.containini; fifty.teei in atown loti • . August 22, 1839. • . % . *Bt- • - -r' ■ ■ l ' i, ; -; A C ißli. C,: ’Office North Hanover : litrflre ; lirug Store, opposite Gen.W. SheiifTer’s Store. . parjjsle,. August 15, 1839. - - " *■ LEVI MERK.ELV Carlisle, I*a. Thnrstluif lScptemher 19, 1839. From the Baltimore Jiepublican. >Y HI. G H YPOC UIS-Y. . It is impossible, we think, fori any, reflec ting arid intelligent rriind to regard the-lan-' gunge- and conduct of .the -Whigs,, with respect to some public men,;\vith apy other •feeling than those' of tfie%dst,s(Jvereigri con tempt. They have professed- to regard Myth' horror the idea of electing Robert 'Dale Owen to a'seat in Congress, on account of the religious opinions which are said to be entertained by him. What those opinions arc we know not, nor docs it, We ton'ceive, concern us to know. , All, who have any knowledge of him concur in representing him as beingexemplaryrin hiS moral charac ter; and ns a member of the Legislature of Indiana, he. has done more for the- diffusion of information among the people than per haps any other man. For his religious sen [ timenls he is accountable only to the Supreme Beipg, so long as those opinions do not inter fere with the rights of others, and the interests of society. It is the boast of our citizens that they arc not.answ’eruhle. for their religious views • to any earthly' power; and yet the Whigs would hold Mr. Owen accountable to others for opinions upon religious subjects with which others have no kind of concern. If we hiustattehd to the religion of others, wo .should .approve only-of* that -religion which leads to rectitude of life, and a course of conduct worthy of imitation by others.— That religion which is not accompanied by upright conduct, and which'will admit of practices which have a tendency to destroy the peace of society, ami carry distress into families, is very worthless;-and if we are to >ve would ’be compelled to conclude -that, while they pay-so much attention'to religious opinions, they' have but very little regard for moral conduct, much less conduct which is consistent with a profession of religion. As an evidence of this let any one look at their expressions of delight on account of the re-election of Mr. Graves, who/without any cause of offence, continued shooting at Mf. Cilley, until he"sent hiiif to Ids grave, and deprived his family of a protector, hnd- made his wife a widow and.his children helpless, orphans. They have no objections to the religious opinions of Mr. Graves, although his hands are stained with the blood of.a fel low being who bad. < .given him no cause, of offence. His religion is quite in accordance with their feelings. They feel no horror on account of his election to .Congress, but, on j the contrary, arc delighted on account of Ids ' success. If Ibis be not hypocrisy of the most’ hateful and'disgusting Wind wc are utterly at a loss to determine what can merit the. name. o=. Y" 1 Mr. "Wise also, who has been concerned iin more than one duel; who assisted in the j work of death in the case of Mi'. Cilley; who ! declared Ids determination to shoot down a' ! witness in Die committee room of Congress, ! if he moved his elbow, and openly makes Ids’, 1 boast on the floor of Congress that be will take the life of any man who shall offend him, of lose his own, is eulogized in the most ex travagant and fulsome strains by thcse.same Whigs who profess to be' so much, shocked j on account of the religious opinions of Mr. j Owen', who, whatever Ids opinions upon those I subjects may be, lias a character of moral j conduct which is wholly unimpeachable.— | With all his violence, and all bis reckless ness, which has disgraced the body of which lie is a member, ami has shockeil (lie feelings of every upright mind, the Whigs have no objections to his religious opinions. On the contrary he is regarded by them as a model of perfection; any silly expression, which Js j made by h'nu is blazoned forth by. them as a I motto And rallying cry. If this he not by . po'erisy widely is abominable then we should like to know what can justly he called by —tho-na me, -® : Mr. Clay, whose language is frequently of 1 the most profane and shocking character, such as no man would make use of wlm-had any regard for his own ' reputation, or" the feelings of others, is supported - by them as a candidate-for tile-highest office within the gift of the American people, and the most honorable !n -the-worbl. lie -is called- by ! them one of- ttnd'.s nnblemen. To his reli ' ffioi'/s opinions the Whigs have no objections; hut he and Ids opinions arc rega’rded'by them , as all that is perfect. . If this he not iiypnc- Visy most gross and odious, vve know not by what name it should he called. We desire that the comihunitymay reflect upon these matters; and act accordingly.— ! Jt is immaterial by what name a man may be . called. If he will dispassionately, and with , out prejudice, consider them,-it .will be, we arc persuaded, impossible for him tp_.avoid feeling" "disgust af conduct so hypocritical and baser w; — : — : r DISTURBANCES ON THE CANAL. [Correspondence, of the National IhlrMJ} ','2 . Clear Spuing/Aug. 31, 1839. ' A ’ gentleman ' has just arrived.! front the line' oftheUahal in Allegheny county, in whose statement the utmost rcliance'can be placed, who informs me' that the troops who marched from this county tersuppress the riotous and lawless conduct of the Irish la bourers on the line of-the Canal have' adop ted very decisive measures with all who ma nifested thc-slightest resistance to their au thority. - Some twenty or upwards of the ringleaders have been made prisoners; 'sonic eight or ten have: been shot, arid severely least, of whom is .not OXS. pe'eted to retove'r.' A. few who made thfcjr esoape-Ucross the Potomac were .fired uppiti by,'the riflemen'from Cumberland \yjiilst claihboring-the bluff on the .opposite -side of the-river,: and, some of them were seen to falT; biit tp : what extent they, njurpd my informant cpujd not say, ns rm;pne had phine overto report when lie left, ' - : Several shah tees .were and' others torn down byTlye troops^xynose own ers had refused admittance wl)eA3|marrde(l; atari idltlie fire arms' found in^ifiApdssession of; the canal hands destroy-' v, ' VOUR COUNTRY—‘-BIGHT OR WRONG.” ed on the spot. . When pay informant left; the troops n'erc still.progressing up the line, and hail reached tvithin miles ofQJdtown,, their whole force amounting to about one hundred and fifty then. j-. . ... • ■ ■ To those living at a* : short distance; this may be thought harsh and iirthecessfirlly Se vere treatment, but it is universally ;}admit ted in this section, and by the citizens liv ing all along the-work, to be no worse than the: exigencies pf the times require; Some 'of the most lawless acts of violence have doubtless committed by those creatures, ahd-that7* ioQ, upon inno cent and unoffendingcitizcns;and others en gaged about the work. ■. ; It, is said that about $7OO worth of fire arms arrived, at Old town the other day, ha ving been purchased'in Baltimore and sent to one of the parties on'.the canal, and by mere accldent.'werc discovered in time to prevent those.from getting .hold of tliem for. whom'they i were intended. By the Grand Jury of Dauphin county,\ rclaiiOe 'tq (hc~c6ndiicf of Ovid~F. Johnijon, Attorney General of the Commonwealth of' Pennsylvania August Sessions, 1839. " Dauphin County, ss. . Tlit .Grand-Inquest of the commonwealth of Pennsylvania, enquiring for the body of the Do present: that they have fully examined the testimony of wit r nesses - in support of a bill of indictment against Charles Pray, John J, McCahauand, Aaron F. Cox, for a conspiracy and riot in (he Senate chamber on (he fomth day of .December, A. I),,^ 1838, while,..the Senate was-'ih session,' whi'diTOv'i’d J'fllli’isbitjEs quire, Attorney General," when the Inquest aforesaid weVe present in court, rcfascd to sign', and the Inquest aforesaid, Upon their oaths and affirmations, do say that the'wit nesses examined before theinj’ully prove that the said. Charles Eray, John 3. McCahan and Aaron F. Cox, .together with a'great tnanj other individuals, to thcjvamberof one hun dred and more, did"commit the criihe and outrages chaigcd upon them in thatbUl', and from.that.testimony they do say. that (he of fence commiftedTvms"' one of enormous 'tor- l piMtde, striking at the independence of (ho representatives of the people, and free go vernment itself. If the offenders in such an offence.escape public justice, the rights of the people will suffer by' grievous exam ple. ' Thc-Grand Inquest"aforesaid have found the aforesaid' biHA—sflfey have so far done their duty.,,' They*-think however, lhatdheir duty requires them to go farther,' and to present (he conduct of Grid F. John 'soniil refusing to comply with the ordinary form of putting his name as Attorney Ge'nV i oral to such a bill, as calculated to embar rass, ami it may be, frustrate the admiliis tration of justice—as calculated not to pro i mote the cause of the commonwealth, but j to screen offenders from justice, to the pros: ytratiun of all law, and the destruction of the dearest rights of the people. Tlte Attorney General refused in the be ginning of this prosecution, it was alleged in court, and in presence of this- inquest, to take any part in this prosecution, commits ting it to the management of private coun sel, who were employed to prosecute. If the Attorney General refused to tajee a part in the prosecution and committed “ft to pri vate counsel,the inquest aforesaid cannot but ! believe that he should not interfere to pre vent the counsel for the commonwealth from taking the course which they thodghtit pro per to pursue. Theanqucst aforesaid were 1 surprised to hear the Attorney General say ; tiiat lie would not.sign.tlys bill, because he (had the affidavits on which prosecution was instituted, and that he saw the"witnesses in court wlp> could prove tlk} offence against four other individuals who were not named ■ "in the hill, and that he would not proceed against three persons and suffer the .other . four to escape. If the Attorney General truly desired the culprits should not escape, and for this reason .rather, than to screen the three who were in'cludcdlh the indictment offered for his signature," refused to sign it, _ _thc_Grand.lnquest, cannot, under.stand, why he to take a part in this prosecution, and why he did not himself prepare and 1 send-tn tin? Grand. Inquest- a- billr —“ : The Inquest have learnt that While in this case the Attorney General refused to, sign the bill because there were ■. too lew-persons named in the bill, be refused to sign in {lic ense of the commonwealth against Aaron F. Cox, Packer, Barrett and l J arko for a li bel, because there were too inany defendants included in the indictment. The Grand Inquest believe that it is'fheir duty as"guardians of public justice, to pre sent such conduct^as calculated to corrupt and desffoy theTiest interests of the; people and good government, and' they therefore do, on their oaths.and affirmations aforesaid, present the>amo Ovid" F. Johnson, Esquire, for-that he refused to sigh his name 'as At torney General to the indictment.aforesaid'. In-testimony whereof we have hereunto set our hands, this 21st day Of August, 1839. J. WALLACE,- Foreman. REPLICATION OF THE ATTORNEY GENERAL TO THE GRAND JURY. j'' August Sessions, 1839. ; , To they Honorable Judges of the court of .Quarter-sessions of the county of Daupin. I fihd, by referehce to the proceedings of th# grand juiy’of this, county, that; on-the 21'st day of August, instant, while I was ly ing upon a sick-bed, thebndy of individuals; acting, de-facto-; as a grand'jmyp.ipad’ea pre sentment of my conduct/ aV Attorney Gen eral, in reference to certain rhaiters; J copy: of which presentment isiheueto. annexed- Tins procceding-xbn thd; part oLthesd ;indU yiiiuafs is»sp extraordinary in- its .character,-, as-tb demand.frpm me n reply. -r. ; n.‘.s I T am charged in,aaid: presentment with haying refused ..to sign a cevtainhill ofin dictment. for couspiracy and riot; against Messrs- Pray, IMcCahun and - Cox, and .al so witlvhaving refused., to sign certain ■ other PRESENTMENT [AT TWO DOLLARS r I>EH ANNUM. ’ New Scries—VoL 4, No. 14; bills of indictment for libel against Messrs. Cox, Packer, Barrett and Parke, and my conduct in reference to these several indict ments, is represented “ as calculated to cor rupt and destroy the best intercsls of the people and good government.” I will prove in a few’worcls, that these persons, acting as a grhnd jury, have garbled and mis-stated the facts, and are grossly and surprisingly ignorant'of the laws of Pennsylvania. I did refuse to sign, or to send up to' the acting grand jury, the, several bills of indict ment mentioned by that body in their pre- ; sentment. 1 refused to sign-and send up the first bill mentioped, because their were four other individuals whoso names were not included in the same, bound over and under recognizance to appear at the present Aug-! ust court, for participating with the three! persons named in the said indictment, in the,, riot and conspiracy with which they stood { charged. Most or all of these four persons were,,in attendance upon this tourt to an swer (he criminal charges allegdcd against them. I found ton, by reference to the af- j fidayits niadc by the several witnesses ex amined before Judge Blythe, in December last, at the time when all these defendants were arrested and bound over, that the very identical witnesses who hadproved the par ticipation of these defendants in _t]ie .same, al lodged outrages, conspiracies and riots, were present in court as witnesses in this case, and might at .any moment be sent upj ] to .the grand jury to testify to the same facts. Upon examining the bill of indictment sent up in this case at the April sessions, at the instance of (he same, prosecutors and the same'counscl who were now conducting (he [ prosecutions,, f ascertained that the .names not only of who are now under recognizance to appear in this case, but of several others who were not. bound over,, were embraced in that bill. And even in the bill of indictment present ed to ipe,.at this court and returned by this grand .jury against three of the defendants only, whenever the names of said defendants, occurs (here were ample blanks left Jn said indictment to contain at least the names of i twenty individuals in addition to those al ready included, I could discover ho good reason why all the names of those against whom .1 true hill had been found at the Apiii sessions, or at least those who were bound over to appear at the present court, should not. he embraced in .thc same bill of indict ment. , ft a matter of indifference to ine whether the object of the-prosecutors in this instance whs to restrict (he defendants in their right of'challenging jurors, or wheth er it. was tq Imrrass those who were urider recognizance but whose names were not cm.-, braced with those of Messrs. Pray, McCa han and Cox. It avas. enough for ine to •know, that a clear and explicit act of as sembly rendered it my duty- to embrace all (he names of all concerned in ONE bill of indictment. I thcneforc’rcfused my signa ture to this bill unless those names were in cluded. The private counsel for the prose cutors refused to include their names and moved the court that I should be directed to send the bill to the grand jury as it then.stood, or that they might be per mitted to use my name for that purpose. Uprn a full hearing, in the presence of the said acting grand jury, the court decided that they would pcithoc. direct trie,to sigii said bill, nor allow the private counsel for said prosecutors to use my name, unless they 1 would consent to introduce the names of ajl wl*o were under recognizance to appear at this court, or entqr a nolleprosqui as to those persons whose names were ' not-included ; since especially, the determination was avowed of sending up in bills of indjetment, the names, of those persons not included; at any time hereafter, the private prosecutors should, see fit. The private counsel for (he prosecutors absolutely refused to Jo cither. _px>. t :uiors absok ■■.iy ■ but in the presence of the .court amT the grand jury both, with a gasconading flourish, avow’d that the prosccutors-themselvcs would' carry the bil 1 to the grand jury as it then was, and that that body would act upon it as if it had; come regularly before them. I refer to the entry oh the records of the court, and to the written opinion of tlic court on the motion of the prosecutors noiv on Tile, tor the truth of the facts here stated, Anti in order to. show to the entire 'satisfaction of every candid and honest man, that my course in relation to this matter has been the only one which as a faithful public, officer I could pursue, and that the decisitrn'of the'court sustaining my" course,' was the only one which as an enlightened tribunal it could have rendered, I, refer to the second section of the act of assembly ofv2Bth of March," .1805,.. made-porpetuaj by the act of 29th March,.lBo9, found-hi Purdon’s Digest un der the title “Indictment,” entitled "an act supplementary .ofan ; aot;. to regulate the payment of. costs on indictments.” . The ser cpnd section thereof is in the -words 'fol lowing: ' ; • “In all cases wherejwo.or more.persons have.committed an indicfablc'oftence, the names of. ALL concerned, if. a prosecution shall be coirinicnced, shall be contained, in ONE BILL OF INDICTMENT, for which not more costs shall be allowed than if the name of one'pcrsononlywas contain ed therein.” 1 I • The plain provision, of this act of assem bly pointing out my duty, how could I, as a ; sworn officer of'the commonwealth, in the very teeth of it, accede to the, illegal and irregular request of the private counsel of the prosecutors, and sign and; send uA to the :grand[ n . bilLdf indictpip'nt jvhich did NOT. contain "I he names' of alicon j-erhedP or at least of'iill; who’ were tinder recognizance, tobtesWcr Top the same, joint ; offence? how could this grandr jur v; wliich'hai -so .delicate; it aehsef-of " public justice,”in the face of this act of'assembly; present myxonduct; 'as.-Worthy , of reprehen-: sion,.in refusing to violate and trample, the' ’ law under foot? ; Arid' how plainly too, do these honest and . enlightened-grand jnroj-s -[betray their! ignorance bath of’tl)^v,dnty. AG-E-N T S. John Moor®. Esq. Newvillc; . Jos epii-M.-Me ANs,-Esq. : Hrt'peweU township. John Wundekucii, Esq. Shippensburg. William' M. Matkkr, Esq. Lee’s Hoads, John Mehatfy; Dickinson township-.-' - John CLendenin, Jr. Esq.. Hogestown. George F. Cain, Esq. Mecbanicsburg. , FREDERICK WONDERLICH, do. - James Elliott, Esq. Springfield.. Daniel Krysuer, Esq. Churcbtowri. . George Ernest, Cedar Spring, Allen tp. anil the law, when they-.say they cannot un derstand why I die} not myself prepare and send up to them a bill of indictment against those who are not .included in the. present bill? Had.l donb. so, 1 shouid have proved ibyself as ignorant as they are, and should have deserved to be impeached. I also refused to sign the hills of indict ment drawn up npd presented to me against Messrs. Cox, Packer, Barrett and Parke, for alleged libels upon ascertain Tlieophi jus Penn. My reason' for pursuing, this course was, that the said Theopilus Fcnji has made an information against these four individuals; before John Davis, Esq., of the borough of Harrisburg; and that at the time the said bills of indictment were presented to me for my signature, the said justice of the peace had only determined to bind over the said Cox, and had returned the recog nizance against him-only in court; and that he had not yqt decided whether Messrs. Packer, Barrett'and Parke should be'bound over at ail, or not. • Thfc said justice.being called before the court, testified thaDie had not determined to hind over these last three hamed.defendants; that theyhad been twice before him and; asked that the said Theoph ilus Fenn, the informer in this-case, should submit Himself''to their cross-examination because the information-whlch be bad made neither specified time, place nor any thing else to fix the libels complained of, upon .these three defendants, but* that the said Fenn had absolutely refused to appear before the Justice and submit to such cross examin ation. As the said Theophilus Fenn. had selected his own justice, a man of 'his'own party, and as that,justice had not determin ed to bin(,l over three of these defendants. Tout the'matter was still depending before him, and the counsel, for the said - Theophi- lus Fenn refusing upon my request-,to-fur nish any evidence in addition (o that before -the justice to make out to my mind even a prima faeic case against these three defend ants, 1 refused to sign the bill unless their riaipcs were omitted, but offered at once to send up the bill against Mr. Cox, the only one of the defendants whom the justice had decided there was any evidchce to bind oyer.- -I also stated, at the same time, that the moment the justice should determine to bind over the other three defendants, 1 would sign and send up the bills, against (lion, be lieving it tO be illegal and oppressive to re quire of any defendants to, be held answer able at the same time before two separate tribunals for the same offence. Fenn’s coun sel moved the court to direct me, ns was done on the first named bill of indictment, to sign these bills or to permit them to use my name. The court upon hearing all the facts refused to make the order, and decided that my course had been perfectly correct. Fenn, or his counsel, then took the bills and laid them before the grand jury, in an irregular manner, which said body, after hearing all the witnesses, and examining the said The ophilus Fenn among the rest, returned, the said bills true -as related to Cox, and not true as related to Packer, Farrctt and Parke. Thus have this grand jury, by presentments, made on the same day, charged me with a violation of duty in refusing to send before them bills of indictment against these indi viduals, and then by their presentments made on these same bills coming before them in an irregular manner determined that there was not even prima facie cause to jus tify the' finding these bills of indictment true! How they, or their advisers can re concile this palpable inconsistency, is more than I can discover. If they should fail however, in doing so, they will not be the’ first persons whose malice was greater than their, wit. . ‘ _ The acting grand jury thinh it improper for me, having"left the management ut these > prosecutions to private individuals, to refuse to sign any hill of indictment against any , pcPSonsTwlriclrtlioy might cluinsc tii prcpiU'C. I 'differ widely from .these' individuals in their views on this point. lam .acting upon oath—t am responsible to the public for the manner in which 1 perform my duties, and 1 will not on this occasion,.or on any other occasion violate the plain 'laws of the lanil ■ whether my conduct meets the,smiles or the frownsortlVeseboastedguai'tVuinsorpu blic justice. -I have acted in this business under conscientidusxonvictions of duty.—l have been sustained throughput by the deliberate opinion of The court, and a presentment made under such circumstances and by such persons as have made this presentment, can. excite no other emotions in my breast, as a citizen of Dauphin county, than those, of deep humiliation to find a body of men se lected by 1 some. means or other to act as the grand inquest of the couuty. so igiiorant of the laws, and,so ready to become the dupes of men niore~cumnTig| and quite as unscru-. pulous as thbmselves. VT77 7 ~~" ' , The acting grand jury having by.their pre sentment made a specific issue between them selves and me, in relation to the manner in which we have discharged out’ Respective du- ties, it/may not be improper,-having thus -' disposed of the charges against myself, to direct the attention of the court for a few ■ moments tp the manner in which they have discharged, their duty, as guardians.of pub lie justice.-;-T pass over without notice the recent official relations existing between the " ‘ foreman of the grand jury and one Of the , principal prosecutors in the first bill of in dictment mentioned by the grand jury. I - also pass over'without refimiik the luteotficial relations, party relations and obligations arisingmut of patronage bestowed'uppn oth- :• cr..members, of- this acting grand jury .by the principal'prbsccntoVßtin the-sa!il,,bUl of,in dictment, . Nor meed I <1 well 'long' Upontfid fact that thp presentment- itself is junt as I believe, ; |n/the of the* grand juryj.and cpiiid,