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, <mly3tdw&e%j.
Wfiijeri by soirid
communicated the^ubStahceOEllheddsfimd-':,
ny given in'relation ~fp" the bill-Of-indict- 5
ment first' mentioned', 7 , in dircctrcontraven- .
tion of;their oaths as grand jury, men; or by
some person who Wirt present.dvlieni tbg tear
: ;v»