Lewistown gazette. (Lewistown, Pa.) 1843-1944, April 05, 1850, Image 1

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    ft CM? IS to Ml It JmA, 0 rt jCtt C.
Vol XIXV.-Whole IVo. 1878.
Rates of Advertising.
One square, 13 lines,
1 time 50
" 2 times 75
3 44 1.00
" 1 mo. 1.25
3 44 Q. 50
6 " 4.00
" 1 year 6.00
2 squares, 3 times 2.00
" 3 mos. 3.50
Communications recommending persons for
office, must be paid in advance at the rate of
25 cents per square.
w. 11. iu>vi.\,
HAS resumed the practice ofhis profession
in this and the adjoining counties.
Office at the Banking House of Ijongeneck
er, Grubb & Co. Jan. 20, 1848— tf.
Lewistown, Mifflin County, Pa.
OFFICE two doors west of the True Demo
crat Office. Mr. Elder will attend to any
business in the Courts of Centre country.
August 25, 1849—tf.
Attorney at Law,
WILL attend promptly to business entrust
ed to his care in this and adjoining
counties. Office one door west ot the Post
Office. June 18, '49-ly.
Boot A Shoe Manufacturer
CONTINUES to manufacture, to order,
every description of BOOTS AND
SHOES, on the most reasonable terms.—
Having competent workmen in hie employ and
using good stock, his customers, as well as all
others, may rely upon getting a good article,
well made and neatly finished.
January 22,1849 —tf.
" " Hair Tonic,
" 44 Carminative, for sale by
Lewistown, march 22, 1850.
FANCY SOAPS.—Almond soap,• Marsh
Mallow soap, Amandine soap, Transpa
rent soap, Military soap, Tooth Balls, Almond
Shaving Cream, Rose do. do., Amandine for
chapped hands, &c., &c., for 6ale by
Lewistown, march 22, 1850.
V~OTICE.— In the Circuit Court of the United
J_\ States, in and for the Eastern District of Penn
sylvania, in the Third Circuit of .Ipril Session,
1850, VO. 3.
The United States of America j Writ of Scire
vi. ( Facias, return-
William B. Norris, et al. [ able 11th April
J 1850.
And now, December2o,lß49, on motion of John
W. Ashmead, Esquire, District Attorney U. S
for the plaintiff, the Court order and direct, that
notice be given by the Marshal, of the issue of ,
the above writ, by publication thereof, once a
week, until the return day thereof, in two daily ;
newspapers published in the city of Philadelphia,
and in the " Legal Intelligencer," and in one of !
the newspapers published in Mifflin county, in
tliis State.
[l. .] A true copy, certified from the record.
Eastern District of Pennsylvania, J '
[L. .] The President of the United States to
the Marsha) of the Eastern District of Penn
sylvania, Greeting;:
WHEREAS, the L'nited States of America,
lately, in the Circuit Court of the United States,
in and for the Eastern District of Pennsylvania,
to wit:—ln October Session, A. D. 1643, recov
ered against William B. Norris, John Norris,
sr.d James C. Norris, executors of the last Will
and Testament of John Norris, deceased, late
of your district, as well a certain debt of Twenty
Thousand Two Hundred and Three Dollars and
TiftyC'ents; which to the said the United Slates
of America, in the said Court, was in like man
ner adjudged for their damages which they had
fru-tained, as well by occasion of the detention
of that debt as for their costs and charges by
them, about their suit in that behalf expended :
Whereof the said William 8., John and James
C, executors as aforesaid, are convict, as ap
pears of record. And whereas, we have receiv
ed information, that although judgment be ren
dered as aforesaid, yet execution thereof still
remains to be made: Whereupon tho said the
'Tiled States of America, have besought us to
provide for them a proper remedy in this behalf,
and we, being willing that those things which in
the said Court are rightly done by due execu
♦ion, should be demanded, do command you,
that by good and lawful men of your district,
you make known to the said William 8., John
ar.d James C., executors as aforesaid ; and heirs
and devisees of the said John Norris, deceased;
and also Trustees under the will of the said
John Norris, deceased ; Mary B. Patton ; Eliza,
formerly Eliza Norris, intermarried with Wil
liam Miller; Harriet, formerly Harriet Norris,
intermarried with the Honorable Abraham S.
Wilson ; Nancy, formerly Nancy Norris, inter
married with Albert G. Chew ; Martha G. Nor
ris, Horatio Norris, and Alexander B. Norris,
heirs and devisees of the said John Norris, de
ceased, and Nancy Norris, widow and devisee
of the said John Norris, deceased, with notice
to the said William Miller, Abraham 9. Wilson,
and Albert G. Chew, intermarried as aforesaid,
that they be arid appear before the Judges of the
Court, at a session of the same Court, to he
(•olden at Philadelphia, on the eleventh day of
April next, to show, if anything they have or
know, to say, why the said United States of
America execution of the judgment aforesaid,
ought not to have, if to thrra it shall seem expe
dient; arid have you then nnd there the names
of those by whom you shall so make known to
,; ' f persons aforenamed and this writ.
Witness the Honorable Roger B. Taney, Chief
Justice of the Supreme Court of the United
States, at Philadelphia, this thirteenth day
of November, A, I). 1849, and in the seven
ty-fourth year of the Independence of the
said L'nited States.
Clerk Circuit Court.
A true copy.
Attest: A.E.ROBERTS,
U. S. Marshal E. D. of I'onti.
Marshal's Office, /
January 9, 3050. $ march 15.4t
2 squares, 6 mos. $5.00
" 1 year 8.00
A column, 3 mos. 6.00
6 " 10.00
" 1 year 15.00
1 column, 3 mos. 10.00
6 " 15.00
" 1 year 25.00
Notices before mar
riages, &c. sl2.
which he will dispose of, WHOLESALE or
RETAIL, on as fair terras as can be obtained
here or elsewhere.
Ilis Ornish friends will also find him pre
pared to suit their tastes. His unrivalled
BROAD-BRIMS will receive the same care
and attention which he has always bestowed
upon them. Don't forget the old stand, whe.e
you may depend upon not being disappointed.
N. J. R. feels grateful for the generous pa
tronage he has thus far received, and assures
all that he will spare no pains to give the gen
eral satisfaction that he has hitherto succeed
ed in affording all who have dealt with him.
Lewistown, march 29,1859 —tf.
AVERY valuable preparation for persons
recovering ftotn fever, or other diseases,
a few drops imparling to the stomach a glow
and vigor equal to a glassful of brandy, or other
stimulants, without any of the debilitating ef
fects which are sure to follow the use of liquor
of any kind ; and it is therefore especially ap
plicable to children and females. To (he aged
it will prove a great comfort; to the dyspeptic,
and to those who are predisposed to gout nnd
rheumatic affections, it gives great relief; and
to the inebriate, who wishes to reform, but
whose stomach is constantly craving the nox
ious liquor, it is invaluable—giving tone to the
digestive organs, and strength to resist tempta
tion, and is consequently a great agent in the
cause of temperance. For sale by
Lewistown, March 22, 16.00.
The Franklin Fire Insurance
Company of Philadelphia,
OFFICE, No. 1631 Chesr.ut street, near Fifth streut.
Charles N. Rancher, George W. Richards,
Tbornne Hart, Mordecal J). Lewi*,
Tobia* Wagner, Adolph.- F.. Boris,
Batnuel Grant, David Ft Brown,
Jacob R. Smith, Morn* Faitsrson
Continue to make insurance, perpetual or limited, o;i
every description of property in town and country, at
rates as low as are consistent with security
The Company have reserved a large Contingent Fond,
which with their Capital and Premiums, safely invested,
affords ample protection to the assured
The assets of the Company, on January Ist, 1848, as
published agreeably to an Art of Assembly, were aa fol
lows, viz:
Mortgages, #890,558 65
Ileal Estate, 108,358 90
Temporary Loans, 12-1,4.'>9 00
Htocks, 61,663 26'
(lash, ttc. 45,157 87
#1,520,097 67
Since their incorporation, a period of eighteen t ears,
tliey have paid upwards of ont million two kundrrd thou
sand dollar? losses by fire, thereby affording evidence of
the advantages f Insurance, as well as the ability and
Imposition to meet with promptness nil liabilities.
For terms apply lo R. C. HALE, Lewis
town. ap!4—ly.
ipamsygiaiß) ivsjrs) ©n©iß©ig 3 , iß , 2 , S2Sff<iaiB 9 CKSHsrsrcFsrg
Bank of Discount and Deposite.
f Casli Capital Falsi in $70,000.
TJ tablished at Lew is town, Pennsylvania, an
Office of Discount and Deposite, for the trans
action of the regular business of banking.
Drafts and Notes payable in the commercial
cities will be discounted at all times, anddepos
ites of current money will be paid, on demand,
in par funds. Every facility will be afforded to
business men in their negotiations with the
Eastern and Western cities.
Notes offered for discount must lie over one
The aggregate Capital of the establishment
exceeds half a million of dollars.
w RUSSELL, cashier.
Solicitor and Confidential Agent.
Lewistown, August 25, 1849—tf.
Spring Fashions Received.
Market street, Leicistown, adjoining Ken
nedy $ Porter's Store.
MR. Z. informs the citizens of Mifflin
and the adjoining counties, that ho has
Kjust received the spring la- a**#**
ehions, and is now prepared
to furnish all in want o\aP mm>
new HATS or CAPS with an arti
cle, neat, durable and well finished,
comprising every style manufactured for this
The care and attention he has ever given to
the manufacture of the style of Hats preferred
by his numerous Ornish customers, will be
continued; and he fee's warranted in giving
the assurance that they will not be disop
will find it decidedly to their advantage to give
him a call, for his arrangements are now such,
as to enable him to furnish any quantity that
may be desired on the shortest notice.
Grateful for the encouragement he has thus
far received, he will continue to deserve it, by
continued assiduity to the wants of his friends,
and strict attention to his business.
Lewistown, march 29, tf
& CAP j[^
At his Old Stand in Market street,
HAS just received the Becbe & Coetar
and latest Philadelphia and New York
Spring Fashion of Hats and (Jape, and is now
prepared to furnish both old and new customers
with an article, which he will warrant good,
and nothing shorter. He has now on hand a
large and general assortment of
For tht Gazette.
j AIR—" Come gaze on us note by the Moon, love.'"
Pilgrim, join us singing—
Hark! glad voices ringing!
What rapture's in us springing,
When Heaven is smiling there!
Light, like the rainbow o'er us,
The heayenly's bright before us—
-1 he joy of the heart is glorious,
When Heaven is smiling there !
Life's battle-scenes around us,
. Earth's chains—they have not bound us
Can hate, can sorrow wound us,
When Heaven is smiling there?
The voice of Song shall charm us,
Love and Virtue arm us—
No power on earth can harm us,
When lleaven is smiling there.
Our walk of faith is lowly,
Our trust is in the Holy,
Then away with melancholy,
When Heaven is smiling'thcre ;
Though lore may end in madness,
And life have hours of sadness.
Still glows the heart with gladness,
When Heaven is smiling there.
LEWISTOWN, April 1850.
From The Home Journal.
" A song for our banner?"—the watchword recall
Which gave the Republic her station ;
" Lnited we stand—divided we fall!"
It made and preserved us a nation !
The union of lakes—the union of lands—
I he union of States none can sever—
The union of hearts—the union of hands—
And the Flag of the Union for ever
And ever!
The Flag of our Un ion for ever !
What God in his Infinite Wisdom designed,
And armed with Republican thunder,
ot all the earth's despots and factions combined,
Have the power to conquer or sunder!
•The union of lakes—the union of lands—
T ho union of States none can sever
1 he union of hearts—the union of hands-
Arid the Flag of our Union for ever
And ever!
The Flag of our Union for ever !
JH (Stf UilUfOttß,
rosi i:\timouim\iiiv discovery.
A lie is worse than criminal if it is a '
poor weak invention. When it proves a j
ready wit, there is a redeeming feature in it. j
A Scotchman defined a lie to be '• the rnees
representation of a fact wi' intent to do- 1
reive." The definition will hardly applv j
to the following narrative of an 44 extraor
dinary discovery—
Professor Von Grosselback, of Stock*
■ holm, lias very lately brought to a slate of
perlection the art ol producing a torpor in
the whole system by the application of
cold of different degrees of intensity, pro
ceeding from a lesser or a greater, so as to
cause the human body to become perfectly
; torpid without premature injury to any
j organ or tissue of the frame. In this state
■ they remain one hundred or a thousand
I } cars, and again, after a sleep of ages, he
awakened to existence as fresh and bloom
ing as they were when they lirst sunk into
this frigonc slumber. The attention of the
learned Professor was first led to the sub
ject by finding a toad enclosed in a solid
fragment of calcareous rock, ten feet in
diameter, which, when taken out, showed
unequivocal signs of life; but it is supposed
that the concussion caused by blasting die
rock occasioned its death in a few hours
after, ihe opiiHon ol liaron Gruithizen,
who is at present a geologist to the Kin" - of
Sweden, was, that it must have in
that situation lor at least seven thousand
years and his calculations were drawn
from the different layers of strata by which
it was surrounded. From this hint the
Professor proceeded to make experiments,
and after a painful and laborious course for
the last twenty years of his life, lie at last
succeeded in perfecting the great discovery.
Not less than sixty thousand reptiles, shell
fish. <kc., were experimented on before he
tried a human subject. The process is not
laid entirely before the public as yet, but 1
had the honor, in company with a friend,
of visiting the Professor. 1 shall give a
slight description of one of the outer rooms
containing some of his preparations. Pre- I
vious to entering we were furnished with
an India rubber bag, to which was attached ;
a mask with glass eyes. This was put on '
"to prevent the temperature ol the room from !
being raised in the slightest degree by our 1
bread ling. It was a circular room, lighted
from the top by the sun s rays, lroni which
the heat was entirely disengaged bv its pas
sage through glass, <fcc., colored by oxide
of copper, (a late discovery, and very val
uable to the Professor.) The room is
shelve# all round, and contains nearly one j
thousand specimens of animals. One was !
a Swedish girl, from appearance about 19 !
years of age. She was consigned to the '
Professor by order of the government, lo !
experiment upon, having been guilty of]
murdering Ifer child. With the exception ]
of a slight paleness, she appears as if;
asleep, although she lias been in a state of I
complete torpor two years. He intends to 1
resuscitate her in live years, and convince
the world of the soundness of his wonder
ful discovery. The Professor, to gratify !
us, took a small snake out of his cabinet I
into another room, and although he ap- 1
peared perfectly dead, and rigid as marble,
by application of a mixture of Cayenne i
j pepper and brandy, it showed immediate
! signs of life, and was apparently as active
, as ever it was, in a minute, although the
Professor assured us it had been in a state
; of torpor for six years.
It is amusing to hear the contradictory
! complaints which are sometimes made
against a newspaper. A prefers a quarter
; sheet—B declares he could never get the
" hang of one. C admires the elegance
j and neatness of fine type —andold Mr. I)
j abhors a paper that requires a microscope,
j L wonders you insert so few sentimental
j ghost stories—F detests your abominable
; lies and cock-and-bull-stories, fcr would
j like to see an exact and minute account of
; Congressional and Legislative proceedings
—II curses the journal that contains the
, endless hodge-podge doings and undoings
of selfish partisans and demagogues. I
won't subscribe because your news depart
ment is so contracted—Jtakes the " city"
I papers, and has read your stale items a
; week ago. K has a mortal antipathy to a
paper crowded with riots, horrible acci
; dents, frightful robberies, and other demor
j alizing statements—L is mad as a hare be
! cause his miserable paper contained no ae
j count of that bloody murder last week. M
detests your stereotype advertisements—
j and all NT wants of the paper is to see
what's for sale. O threatens to discontinue
because your editorials lack ginger, and
don't lash private vices—P, a leaden head,
points you to s paper, and wonders
you ne\er moralize like him. Q hates
j the rascally abolitionists—R holds in pcr
, lect contempt the dastard editor who is too
! cowardly to avow his abhorrence of Sla
j very. JS demands long and solid articles—
I T wants the close packed essence, and not
j the thin diluted mixture. U extols a jour
j nal that reaches him 4 a week before it is
! printed ;' and \ tells you he is not quite
! green enough to be gulled by such despi
cable humbuggery. Wis astonished that
: you never print sermons—and all that X
cares for is lun. \ is on fire because you
will not deduct more for advance pay—and
Z is amazed at the impudence of a pub
! lisher who duns hirn for three years* sub
t scription and yet objects to being paid in
trade.— Yankee Blade.
To Mister : Aint you Ashemed of
! yureselph tew kort orll the gals then denni
j ltt, yew ced twant lissey Buth vew merit,
' wal praps yew mcnt Mce then at enne Rate
yew kourted nic, yes yew du no it, an i no
it an inarm nose it an dad nose it tew, and
marm ust tew skold me phor burnin out
sow much ile and handles wen yew ust
tew set up so late with me, i no yew aint
! forgott the happee minits whot we spent
! Together wen yew ust to klasp me tew
| yurc bussum an i tew grippe me arm round
yewer Messid bodeh an then to fele yewer
llarte bete Agin myne, warnt they Bliss
i ful minits, and how kud yew have a Hart
' tew levd oph klere ovvt and leve me so,
. wal orl is iph yewl onnyjistkum Back
ile forgiv yew now wont yew that is a deer
nise young man an not leve me a wictum
i tew un wrik wited hive.
P s the Widder hez got a how dad hez
kilrd the pigg, an unkel torn haz kiled hisn
and mary Smith haz got a lettle Bay bee
and we arc gowing tew liav a neu barn an
a singin skule kum hum and se me sune fyr
it yew aint a gowin to hev me ile git sum
other felleh so their now.
dont yew sea yewer turkil duv
A sittin on yonder Trea
It is a rnornin for its truw luvr
so Dew i morne to be With the
yewers till dctli iph yewel hav me
P s Numbur 2 plese rite Mee
with trott nov the 20 ninth 180(Pforty 9.
LED ASTRAY.—A good story was re
cently told at a Temperance meeting in
New 11 ampshire. A stranger came up to
a Washingtonian with the inquiry :
" Can you tell mc where 1 can get any
thing to drink ?"
" ( )h, yes," said tlic otlier, " follow mc."
'J'he man followed him through two or
three streets, till he began to be discour
" How much further shall I go ?" said he.
"Only a few steps further," said the
Washingtonian, " there is the pump
The man turned about and " moved his
A ehapcl exists in Red Lion Square,
London, in which thrice on every Sunday
the service of the Church of England is
performed, and .a sermon preached, by
signs, for the deaf and dumb.
"Ah, John, ray uncle has been to New
York, and your'n haint."
" Well, what of that ?" said John ; " my
uncle has been in jail, and your'n haint."
" My dear," said a lady to a little girl,
" what is the matter with your mother ?"
" She'sgot the rebellious lever, ma'am!"
An ancientand somewhat common disorder.
• Jack, your wife is not so pensive as she
used to be !' 4 No, she has left that oil"
and turned expensive.'.
On the Bill to Elect the Judges, delivered February
dtli and Bth, 1850.
MR. SPEAKER: I would gladly avoid enter
j ing upon the discussion of this question, at the
present time, it I could at all reconcile it with
my convictions of duty—not merely duty to
; my constituents and the Commonwealth, but
j an imperative duty I owe to myself.
I take it for granted that the present Consti
, tution, 03 far as regards tho Judiciary, is a
doomed instrument, and I have not the vanity
to suppose tiiat any thing I may 6ay, on this
. occasion, will avert its fate. But 1 deem it
my duty entertaining the deliberate convic
tions 1 do, to state fairly, fully and distinctly,
the ground I occupy on this subject.
I utterly deny the statement of the gentle
• man from Philadelphia (MR. BURDEN) that those
who oppose this resolution distrust the people ;
and I also deny that any amendment to the ori
ginal resolution, at tfiis time, is any evidence
iof a want of confidence in the people. Sir, I
j have as much confidence in the people as any
; man can have ; every act in the history of the
1 American people from the landing of the Pil
j grirns down to the present time has satisfied
i the world that man is capable of self-govern
ment ; but I will undertake to demonstrate
i that the issue attempted to be made by the gen
j tlernan from the city is as false, as it is unjust,
j 1 solicit the patient attention of the House
first to what I have to say in regard to the res-
I olution itself; and secondly to my objections
| to the principle of an elective judiciary.
I may remark here and with great truth too,
; that the Legislature of Pennsylvania has never
! been engaged in the discussion of a question
of so sober, so grave and important a nature,
and one too in which the people of the Com
monwealth are so deeply and so vitally inter
ested. And is it not important to consider
well what we are about to do 1 We are not
\ tinkering and tampering with the extremities,
i but we are about to attack life's last citadel—
the heart.
The Judicial branch of this Government is
iby far the most important of all its parts. The
Legislature and Executive are important in
i themselves, but compared with the Judiciary
they dwindle into insignificance. The former
. might fall in ruins around us; but if the latter
: sutvive the general destruction, the rights and
j interests of the people would still be secure.
And how, Sir, and under what circumstances
, are we approaching this subject 1 And now
in order to show how the resolution was
passed and what little care and deliberation
• were exhibited on the occasiou, 1 must refer
to the Session of You will remember,
: .Mr. Speaker—for you were here at the time —
' that it was brought into the House from the
Senate near the close of the last session and
l at a time when the wildest and most ungov
' ernahle excitement pervaded it, and "was
J rushed rapidly through, without A moment's
i time for reflection or examination. 1 well
j remember that I stood on tho floor where the
gentleman from Adams now sits, desirous to
: have an opportunity of seeing what it was, of
j offering some amendment, of bringing its de
fects and absurdities before the House, but my
I mouth was closed by an imperious call for tho
, previous question, all discussion cut off, ali de
liberation and all amendment; and thus this
most important resolution, without being dis
j cussed or examined, passed through the House !
It is now before us, and gentlemen are anx
) iously pressing its passage and opposing any
amendment. Let it not be said that gentle
men who oppose he passage of this resolution
; are opposed to the people ! on the other hand
j it is because I have confidence in the people—
j m their integrity and discrimination, and be
j cause I feel a deep interest in their welfare
I and prosperity that I take the course 1 have
indicated. The pecpie are not to be carried
away by a humbug ! they are not to be de
j ceived by false issues; they are not to be
| readily blinded when their own interests are
jat stake. I know well the risk 1 run and the
• imminent peril 1 encounter in subjecting my- j
! self to misapprehension from the honest, and j
designed misinterpretation from the dema
| gogue—bat none of these things can move me, |
: or drive me from the discharge of my duty.
Here, then, is this resolution with all its de- :
: fects and its incongruities, passed in hot and
i indecent haste at the last session, although
| days and weeks were consumed in the dis-
J cussion and consideration of contemptible di
vorce cases; but when it came to the great
question—the question affecting the organic
law of the land, the question in which every
individual in the Commonwealth is interested ;
then there was no time for deliberation, no 1
time for investigation. This resolution then
passed tindor these extraordinary circumstan
ces, is again before us, and gentlemen tell us
we must pass it without amendment because
the people desire it. Sir, I ask where is the
evidence of tho people's desire on this subject 7
vvhero have they spoken 1 where are the peti
tions asking it 1 It lias been said that the con
ventions, Whig and Democratic, passed reso
lutions recommending it: but 1 take if,passing
said resolutions was no part of their duty ;
their duty was to nominate a candidate for
Canal Commissioner—not to inquire into or
recommend a reform in the Judiciary System.
There has never been a petition presented to
this House ; th people have not come up here i
and demanded it ; they have not exercised the 1
only constitutional means they possess of mak- i
ing known their wishes to the Legislature ;
what then is the pressing necessity tor its has
ty passage 7 Arc the rights of the people in
this country not amply and broadly secured al- '
ready 7 are noi the Courts of Justice open to
all—the rich and the poor alike 7 There is no j
allegation that the present Judiciary is either
weak or corrupt; no complaints have come up
here on that score; then, I submit, if the
present Judiciary is what it ought to be ; if it
has secured and protected every interest, pub
lic and private, as 1 believe it has ; if the State !
is going on prosperously ; why shall this HouSfe i
take a leap in the dark, that may lead us, God !
in his infinite wisdom only knows where 7 1
Now, Mr. Speaker, it seems to me that the '
amendment of the gentleman from Northamp- !
ton (MR. PORTER) IS obviously proper; which
is, to submit the broad and naked proposition, \
will the people elect the Judges! curtailed of
its absurdities and shorn of its inconsistencies. '
New Series—Vol. -I—No. 24.
It will be remembered that " no amendment
! or amendments shall be submitted to the peo
! ; pie oftener than once in five years." It then
i hi 3 resolution is liable to all the objections
j which I will undertake to show it is. and will
■ entail upon the people all the evil results I ap
| prehend it will, they must bear it for five long
i years, for they have no remedy to improve
or reform it. But if you adopt the amendment
; of the gentleman from Northampton to submit
; the simple proposition to the people—will you
; elect your judges? and leave the details to a
S subsequent Legislature, the difficulties 1 see
j can readily be obviated. Again, the constitu
! tion in Article Tenth say 6: "that it more than
j one amendment be submitted they shall be
submitted in such manner and form, that the
people may vote for or against each amerd
! ment separately and distinctly." Thus it will
j be seen that each proposition is to be submitted
to the people so that they can vote thereon
distinctly, and in this respect tie amendment
' of the gentleman trom Northampton is within
| the letter and the meaning of the constitution,
j while the original resolution is directly in its
• face. There is not only one, but several pro
positions embraced in the resolution, and so
embraced that you must vote for all or none of
them, or in other words, that you can vote on
each separately and distinctly.
I I know it is contended on the other side that
! the resolution forms but one proposition, but
, j this I apprehend is a clear mistake. The first
t proposition in the resolution is, will the people
| elect the judges; the next preposition is the
. i time when you will elect them ; then the term
, j for which yoa will elect them ; and how shall
i you elect the Supreme judges, either by dis
; tricts or the State at large; will you turn out
j all the present judges without regard to theex-
I piration of their commissions; shall the judges
j so elected be re-eligible ; shall all the power
j over the Judiciary be vested in the Legislative
I department of the government; and shall the
j Executive become the mere headsman to do its
bidding. All these propositions, it seems to
me. are embraced in the resolution and are so
inseparably connected, one with another, that
; you must vote for all or none. I might with
1 great propriety say that the gentlemen who ad
vocate the passage of this resolution without
i amendment are opposed to this reform ; that
; they fear if the simple proposition be submitted
to the people, they would vole for it, whereas
i their good sense would lead them to reject the
present resolution on account of its objectiona
ble features and its impracticable details. And
now I will proceed to state with great brevity,
j what I conceive to be the prominent objections
to the resolution. First, in regard to the pow
er of the Legislature over the Judiciary. The
. resolution goes on to say, "the president judges
i of the several courts of common pleas and such
other courts of record as are or shall beestab
| lished by law, and all the judges required to be
'earned in the law, ehall hold their offices for
the term of ten years if they shall so long be
have themselves well. The associate judges
of the courts of common pleas shall hold their
offices for the term of five years if they shall so
long behave themselves well; all of whom
shall be commissioned by the Governor, but
for any reasonable cause, which ehall not be
sufficient ground for impeachment, the Gover
nor shall remove any ot them on the address of
, two-thirds of each branch of the Legislature."
It will be observed here, the word " xhair is
used, leaving the Executive no discretion, no
' power, no authority; hut vesting it all in the
Legislature. Our government cannot be said
■ to be a pure democracy, but what is more pro
1 perly called a representative democracy, where
the people have agreed to part with a certain
portion of their power, and to place it in three
! co-ordinate branches of government. They
i have parted with if on condition that it should
. be so placed, and that neither branch should in-
I terfere with, or usurp the power of the other.
I Sir, it will be seen, that if the doctrine of this
resolution be established, the power of the Ex
ecutive, so far as regards the Judiciary is gone ;
he is peremptorily directed to carry out and ex
ecute the will of the Legislature, to do its bid
ding and become a mere axe-man in its hands.
1 hus the Judiciary becomes entirely dependent
upon the Legislative branch, perhaps the mo*t
unsafe depository of power in this government.
\\ hat! Sir, are the people of Pennsylvania
prepared to vest all power in the Legislature ?
Are they prepared to destroy that nicely-ad
justed system ot balances and checks under
which this country has prospered, and under
which ail their rights have been secured?
V\ hat would be thought of a proposition to
compel the Executive to sign every bill the
Legislature might see fit to pasp, without re
gard to its justice or its constitutionality? and
supposing such to be the case, what would be
come of the rights of the people, in what would
consist their security ? how oflen have mea
sures been carried through this House, in mo
ments of the highest excitement, under the
spur and whip of party measures that struck at
the Constitution, and which if not arrested by
the conservative arm of the Executive might
have subverted the tights of the people. And
yet the proposition contained in this resolution
is nothing less than this, but to all intents and
purposes, so far as regards the Judiciary, the
Legislature have the whole and sole control.
1 his then, it seems to me, is an insuperable ob
jrction to the resolution and would constrain
me to vote against it, even were I strongly in
favor of the elective principle.
The next objection to the resolution, is the
re-eiigibility of the judges. If the judges are
to be elected, let them be placed m circum
stances under which they would have no temp
tation to err—no temptation to do what is
wrong. I know the gentleman from Adams,
(Mr. SMYSKR,) has told us that if a man is hon
est and upright he will discharge hia duty re
gardless of consequences. This is a fine theo
ry, a beautiful morality, but unfortunately it is
seldom illustrated. 1 have as high an opinion
of mankind ae the gentleman trom Adams;
but when I see all the penal enactments that
cover our statute books—all the bolts and bars,
nil the jails and penitentiaries that cover this
land, I begin to think that man is weak—that
he needs safeguards—and 1 begin to see the
great propriety of that inimitable prayer " lead
us not into temptation." See to what tempta
tions you subject a judge. Suppose him to be
a fair and honest gian, in the ordinary sense
of the term, and anxious to do what is right.
He is presiding as a judge with two
fore him; one ot the parties perhaps a man