Important Decision* BERKS COUNTY vs. ISAAC BERTOLETTE. This case, involving a principle of great import* ance in the licensing or taxing dealers in flour, was settled by the Supreme Court of this State, at its late session. The decision is as fol lows : ROGERS, J.—With the'laudable intention of preserving intact the plighted faith of the Common wealth, the Legislature in the performance of an imperious duty, have been compelled from time to time, to search out new objects, and tp enlarge the subjects of taxation. Hence a series of statutes, which now form a complete system to aid the Le gislature in their ’commendable efforts, the Court has adopted an'enlarged and liberal construction of their =acts as in Shitz vs. Berks, 6 Barr 82, and Sav ings fundi vs. Yard, 9 Barr*36o. In furtherance of - justice and to support the public credit, as is said in the preamble to the act 22 April, 1846, entitled an Act to provide for the reduction of the public debt, in the Uth section it is provided, “That here after all dealers in goods, wares and merchandize, the growth, product and manufacture of the United States, and every person who shall keep a store or warehouse for : the purpose of vending and dispos ing of goods, wares and merchandize, shall be clas sified” in the same manner and required to pay the same annual tax and license for, as is provided and required, in relation to dealers in foreign merchan dize, provided, That mechanics who keep a store or warehouse at their own shop or manufactory, for the purpose of vending their own manufactures exclusively, shall not be required to take out any ; license. Thus the distinction before made, between Foreign and Domestic, manufactures is abolished and m all respects those acts must receive the same construction. The act of the 4th May, 1841, see Dunlop, 833, extends to all persons engaged in sel ling or , vending goods, wares and merchandize, commodities or effects of whatsoever kind or na ture, of .the several acts in pari materia are to be construed together which is the unquestioned rule, there ie'no difficulty whatever in bringing the man ufacture of flour within the general scope and in tention. Flour is certainly a commodity, in effect within the spirit and meaning of the several acts. " But be this as it may, it may be embraced without f doing violence to the language in the words, goods wares and merchandize. For not to insist on the two first, merchandize is defined to be goods or commodities* sold and for sale. Nor do 1 under stand this to be, contested tyjfthe defendant in error. The defendant; Bertolette, a citizen of Berks coun ty, was the owner of a flour and grist mill, with a farm thereto attached. He raised grain on his farm, and also bought grain. He took tolls for grain ground, for customers at-his mill. He manufactu red into flour the grain raised as well as bought. Sold the flour so manufactured to his customers, not only at his mill, but he sent it to the city of Reading_and other places by his team from week to week through the. year, and sold it by the hun dredweight to his customers. Is the defendant embraced within the spirit of the 11th section, so as to be compelled to take .out a license, is the question. The act clearly contemplates ten classes of per sons, dealers in goods, wares and* merchandize, and persons who keep a store or warehouse for the pur pose of vending and disposing of goods, wares and merchandize. Each of "those persons are subject to assessment according to the classification in the act. A dealer is one who trades, buys or sells. If so, Bertolette is a dealer, for according to the case stated, he both buys and sells. He buys the grain, and when manufactured, sells the flour, but he buys the materials of which it is composed, and this brings him within the spirit of the act. He is a dealer to all intents and purposes. According to the opinion of the Court of Com mon Pleas, as I understand it, if he had bought the grain and sold it, or the flour and sold it, he would be included, but inasmuch as both are not conjoin ed, he is permitted to escape taxation. If a we were construing a penal statute, perhaps such niceties as these would be allowable; but in ray judgfnent, they are misplaced when applied to acts intended to support the credit of the Commonwealth. But granting he is not a dealer, may not his mill be re garded as a store or warehouse, and as such used (as the case shows) for the purpose of manufactu • ring grain raised and bought by himself; also, .as a place of deposit, store or warehouse, for vending the ftbur when manufactured, by retail. If so there is no escape for him. The Court of Common Pleas concede, he may be so regarded, but they came to . the conclusion he is saved by the proviso. But-in this I cannot agree. The proviso exempts me chanics, under certain circumstances from taxa tion. But is Bertolette-a mechanic, as the Court supposed? A mechanic is an artisan or-,artist, which certainly does not in the ordinary accepta tion of language, import either a farmer, or the manufacturer of flour, nor do they come within the of ihat term. lam aware a me chanic may be, andjusually, and perhaps always is a manufacturer, bujj a manufacturer is Dot always a mechanic. But granting the defendant to be a mechanic, is he entitled to the benefit of the pro viso ? He does not confine himself to sales at his mill, but as is conceded, he sells his wares and commodities elsewhere; at the city of Reading, and the adjoining counties. The proviso as is unques tionable, exempts such mechanics only, who keep a warehouse at their own shop, or manufactory for the purpose of vending their own manufactures exclusively. If, however, they choose not to con fine themselves within the bounds prescribed, they must be content to pay the taxes. Their being mechanics merely, does not exempt them from taxation, unless they choose to comply with the conditions of the act. They have no right without a license to sell their goods elsewhere, than at their own shop. This is too clear to admit of doubt. The good citizens of this State are content, at all times, to pay taxes, when they are satisfied with the objects of taxation, when the money raised is faithfully and honestly applied, and when the pre sent burthens are made to bear equally on all.— When any one of these requisites is lost sight of, dissatisfaction will exist. That equality is equity, and a converso, is felt by every man in the com munity, however humble, and I trust it may al ways be so. Apply'the principle here. A man keeps a flour store in the city of Reading, and sup plies his customers, by the quarter, the hundred weight or the pound. He is required to take out a license, and pay in proportion, to the amount of his business. A manufacturer from the country, in his immediate neighborhood, disposes of the same material at his door, at an under price, and thereby materially interferes with his business, "perhaps enabled to do so, because he is exempt . from the taxes, to which the other is subject. Has he not just right, and will he not complain of such: partial legislation, and can it be believed the Leg islature who always intended to do right, designed to produce such palpable injustice ? Nos will it lessen his sense of wrong that the article is sold from a wagon, cart or wheelbarrow, and not at a store or warehouse properly so called; It is said the principle contended for by the plaintiff in error, embraces qvery man who brings any agricultural product or manufactured article to market, including outchers, vvho may buy cattle, ajid supply the market with beef, the iron master who takes from his furnace or forge his metal, iron or nails et it omne genus. Whether the principle now ruled will interfere with them, is not intended . to decide. Sufficient unto the day, is the evrl there of; eaeh case shall be decided, when it arises. This - is the only safe course, for each case may depend on a variety of circumstances regarding as well the nature of the employment as the object taxed. \ may, however, be permitted to that it it should be forced to include a wider range, than 9 has heretofore,been supposed, that will be no insur mountable objection with me.' It is my decided opinion that no person with any pretext whatever, should be permitted to escape from bearing his equal share of the present burthens of the State ; as the debts were contracted for the benefit of all, each person must contribute in all fairness, his equal and just proportion. That equality is equi ty, applies with overwhelming force to the equalization of. taxation among all the citizens of the *Commowealth. A motion was made to quash the writ of error, . on the ground that this was not a proceeding ac cording to the course of the common law. And for this is cited 5 Bin. 24 Ruhlman vs. the Com monwealth, and Moore vs. Albright 4 Ser, and R. 332. We however consider the proceeding, in the nature of a ease stated, it being obviously the intention to take the opinion of the Court, on a - state of facts conceded and agreed upon by both / parties. We are of opinion that judgment be reversed and judgment entered for the County, for seven dollars. \ /" An Important Fact. In the year 1845, when the tariff of 1842 was in operation, the exports from this country of breadstuffs and provisions, were $16,743 421. In 1849, when the tariff of lsf46 was in operation* they ..were $38,795 644, or upwards of $22,000,000 more than in 1845. These exports are the products of agriculture in the Middle and Western States alone. They do not include the cotton and tobacco of the South, and other -domestic articles, which amount to the additional sum of $83,87129£. The year 1849 was not a year of famine, Is not the ; above fact a complete refutation of all the humbug clap trap we hear, about the balance of trade and •ending specie out of the country to pay for impor . tation* ?— Keystone. Intelligencer & loumal. Lancaster* August 6,1850. GEO. SANDERSON EDITOR. DEMOCR ATIC TOMIUf iTIOaiS. CANAL .COMMISSIONER . WILLIAM T. MORISON. AUDITOR GENERAL: EPHRAIM BANKS. SURVEYOR GENERAL: J. PORTER BRAWLEY. iflyWe have omitted many of our advertisements on the first page, this week, to make room for the Oration of Rev. Dr. Bowman; on the life and death of the late Gen. Tj.yi.ob, delivered in the Lutheran Church, of this city, on the 27th ult. {£7- We learn that Col.*William English hast resigned his situation as Superintendant of the Co lumbia and Philadelphia Railroad, to take effect on the Ist of September,—and that pen. A.-L. Room fort, of Philadelphia, has been appointed in his stead. Col. E., in retiring from the station he has so ably filled for the last two years, carries with him the best wishes of all who have had intercourse with him. A more laithful and obliging officer never had charge of thi| important road. Tbe Coming Struggle. Since the nominations were made by the Wil-’ Hamsport Convention, we have carefully watched the manner in which they have been received by the Democracy of Pennsylvania; and there never was a ticket given to our glorious party for its support, composed of better materials, or one that has been endorsed more enthusiastically by the true hearted people in the towns and the country. As far as we can see, the horizon is without a speck to mar its brilliancy, and all that is now needed to secure a a substantial victory is thorough and com plete organization. We must go to work at once—put our own shoulders to the wheels—and unceasing in our efforts to preserve party disci pline. If this be done—triumph must follow! William T. Morison, our Farmer-candidate for Commissioner, is a gentleman, whose char acter is beyond reproach—a citizen, esteemed and intelligent—and a Democrat, as firm and unwav ering in his faith, as the purest and best republican in the land. Ephraim Banks, our candidate for Auditor General, is the very man for the position to which he will certainly be elevated; and J. Por ter Brawley, nominated for the Surveyor Gener alship, is distinguished for his indomitable energy and persevering habits. They are all honest, pop ular, and competent men. Our time-honored flag was never flung to the breeze at a more propitious moment, and its broad folds were never inscribed with names more worthy off the support of the whole Democratic party of our Commonwealth.— We must organize, organize, ORGANIZE!—York Gazette. Canal Commissioner. A correspondent in the Northern Pennsylvanian writes as follows : ‘Tn this county, (Susquehanna,) the Democratic party is united and firm. We like the Williamsport nominations very much—that of Mr. Morison, for Canal Commissioner, is peculiar ly gratifying to us. His straight forward, radical democracy in the Legislature has gained for him public confidence in this section of the State in an eminent degree, and I think, nay, I am confident, that he will poll a heavier vote here than any other candidate could possibly obtain. Montgom ery county is highly honored in having the candi date taken from her midst, whilst Judge Longstreth still holds his seat in the Board. But she deserves the honor for her steadfast devotion to principles, and the candidate she presents is as sterling as the county he hails from.” The August Interest. Gen. J. M. Bickel, the Democratic State Trea surer, paid, at the Bank of Pennsylvania, yesterday before, 9 o'clock, A. M., $939,908 81, the whole amount of the interest on the funded debt of the Commonwealth due yesterday. By the energetic efforts of the State Treasurer, the whole amount had been converted into par funds, and will be paid to the State creditors in speeie, or funds at par in the city of Philadelphia. And this has been accomplish ed “without the necessity of resorting to a temporary pan,” or selling at a discount the funds of the State to convert them into par. We are informed, that since Gen. B. entered upon the duties of State Trea surer, he has paid, at the Treasury, to the creditors of the Commonwealth, and the repairs of the public improvements, a very considerable sum more than was paid during the same time last year, and now has, at his command, to meet any demands upon the Treasury, over five hundred and fifty thousand dollars. In singular contrast with the course of General Bickel, in the payment of the interest in specie funds, reference may be made to the manner in which his immediate predecessor, Gideon J. Ball, the Whig Neckab, paid the interest during his ad ministration of the Treasury. Department. It will be recollected that a great excitement was created in consequence of his having liquidated the interest with specie fpnds ; and Gideon did not hesitate to boast of it himself in certain of his official papers. It now turns out that that modest lad got four thous and dollars just before he went out of office , for ex penses in exchanging money below par for specie funds. General Bickel, however, exchanged all his depre. ciated funds without a dollar’s expense to the State and paid the whole amount into, the Pennsylvania Bank, yesterday. The contrast is significant, and may be useful.— Pennsylvanian, of Friday. A Truth to Remember. Congress has now been in session eight months, but two trifling bills have been passed; one granting the franking privilege to .Mrs. Polk, another to Mrs. Tatlor. Otherwise all business has stood still, and the house, which assembled in December, in the midst of a tempest of crirhination, has done nothing but struggle, like Laocoon amid the serpents, with its own dissensions. The records of Mythological history tell us that the introduc tion of the latal wooden horse behind the walls of Troy, filled as it was with enemies of the Trojans, was also the cause of the death of Laocoon by the serpents. The,wooden horse introduced into Con gress is the Slavery question: introduced by those profess to be true friends of the Union.— Already the dissensions that have resulted from this discussion of a question which a little more patri otism would have forever removed from the Na tional Councils, like the serpents of Mythology are twining themselves around the Constitution, and unless speedily destroyed, may become the instru ments of the overthrow of the whole of our fair fabric oi^government. This unhappy state of ihings could have been prevented, i:f only the Democratic party had tri ujnphpd in. 1848—if then, instead of listening to the promises of Expediency, the masses had united upon the candidates of the great, national, and pop ular party. A crisis which is deplored in all parts of the la nd, would never have occured, because the difficulty would have been met and mastered on broad 'lonstitutional principles. We should, in that event, have had no administration at work, madly jeopardizing the peace of the country, by using all A ts its power to open a question, .the settlement °f which, the public voice was imploring for.— /here would have been no contest against men, no war upon those who would not .go for a particular plan; the entire energies of the Executive would have been directed to the establishment of such a feeling in Congress and the country, as would have to the adjustment of the whole dispute. This is one of the losses which the Union has wit nessed in consequence of the result of the last Pres idential Election: a grave and commanding loss in all respects. Let us hope that the new state of things will lead to the imitation of an example which Democratic administrations always present. — Pennsylvanian. ID* The Cholera prevails to tome extent at Un iontown, Pa., and at Harper’s Ferry, Va n at both of which places several deaths have recently occur red from that disease. Tbe Compromise Bill* This important bill which has been the subject of Hf*/»mreinp in the Senate for more than five months, and which, had it become a law as orig inally drafted by the Committee, would have set tled tbe slavery question and given peace to the country, has at length been decided, but in such a way as to amount to just nothing at all. If we rightly understand the proceedings of Wednesday last, and tbe effect of the different amnedments adopted prior to the engrossment of the bill, by which all relating to Texas, New Mexico and Cal ifornia was stricken out, there is only that portion of it lelt which has reference to a territorial gov ernment for Utah. On the question of striking out what related to Texas, the vote stood 29 to 28—to New Mexico by a vote of 30 ta'2B—and to Cali fornia 34 to 25. The southern boundary .of Utah’ was fixed at the parallel of 37 deg.- north latitude. The following is the vote on ordering the bill to be engrossed: ; Yeas—Messrs. Atchison, Badger, Benton, Berrien, Bradbury, Bright, Butler, Cass, Davis, of Miss. Daw son, Dickinson, Dodge, of lowa, Douglas, Do.wns, Felcb, Houston, Hunter, Jones, King, Mason, Mor ton, Norris, Pratt, Sebastian, Shields, Soule, Spru ance, Sturgeon, Turney, Underwood, Wales and Y ulee. Nays—Messrs. Baldwin, Chase, Clarke, Davis of Mass. Dayton, Dodge, of Wisconsin, Ewing, Greene, Hale, Hamlin, Pearce, Seward, .Smith, Uphara, Walker, Whitcomb and Winthrop. Now, if we are correct in our impressions with regard to the bill, we cannot perceive that the Sen ate is much farther forward than where it started. A territorial government is given to Utah, anil that is the sum and substance of all that has been done, after an eight month’s session of Congress! Can it be that the present session will be suffered to pass round, and nothing be done to settle on a per manent basis the Slavery question and give peace and quietness to the Union ? Are the rights and safety and happiness of twenty millions of people to be put in jeopardy by a few factious spirits hail ing from the North and South ? Is there not cool ness, discretion and wisdom enough among the great mass of the people’s representatives to frame some thing which will put an end to the perplexing question ? Surely if a proper spirit of conciliation and patriotism prevailed, there would be but little difficulty in adjusting the question satisfactorily to the masses of the people in all sections of the Union. i Well may it be said that the times are sadly out of joint, when a bill, framed with so much care by the ablest and most experienced statesmen of the age, and intended to harmonize the conflicting ele ments of strife, has failed to command a majority of the Senate—a body heretofore considered so strongly conservative in its character and delibera tions. It is one amongst the most portentous signs of the times, and cannot fail to have a deleterious influence upon the other branch of' Congress and the country at large. This is a dark day for the country. But as in the natural world, the darkest hour is just before the break of day, may we not hope that the sombre clouds that now obscure our political firmament will soon be dispersed, and the sun of peace and prosperity agaig illumine the heavens. To effect this, we sincerely hope that the wise and moderate of both the great parties an Congress—and we think they constitute a majority—will see the ne cessity of at once agreeing upon some plan of con cession and compromise which will calm the trou bled elements, and give peace to a 'distracted coun try. The great mass of the people desire shk end they will be satisfied with almost any plan ol set tlement that may be adopted. If Congress fail*n effecting an adjustment, they fail in doing that which their constituents expect, and which, as the sworn guardians of the Republic, they must do, if they would avoid the fearful consequences to them selves and the country of an opposite course. 017* Since the defeat of the Compromise Bill, in the Senate every thing is at sea again. Mr. Doug lass has introduced a bill for the admission of Cal- ifornia, and Mr. Foote has offered an amendment fixing its southern boundary at 35 deg. 30 min.— The bill was made the order of the day far yester day. It is said jhat an effort will be made to pass the Compromise Bill in the House. What is to be the result of all these things time only can determine. We hope'for the best. “The Galled Jade Winces!” It appears we have disturbed the equanimity of the Union <s• Tribune, by inlimatipg, as we did, that since the death of General Taylor, and the conse quent depression of the Johnston and Stevens influ ence at home and at Washington, that paper would have to lower its pretensions of being the leading organ of the Whigs of Lancaster county, and con sent to take a subordinate position under the lead of the Examiner «5c Herald. The Union takes our remarks in high dudgeon, and with an air of assu med dignity, says—“We shall now, as we have here tofore done, treat with proper contempt (!) all in sidious attempts on the part of the Intelligencer and others to set at loggerheads the Whig press,” &c. Astonishing independence ! Who would have ex pected it? Why, neighbor, we never intended to set you and the Examiner by the ears. Our sole intention was to assign you the position in line, which a change of commanders had rendered inev itable, and to advise you to submit to the new or der of things like a true philosopher. But the best of the joke is contained in the fol lowing extract from the same article in the Union: “We have not, nor have we had, any feeling of jealousy towards our friend and neighbor of the Examiner.” Now, who believes this declaration? Nobody, we are sure, who knows any thing of the disposition of our neighbor. Why, is it not noto rious in this community, that the greatest jealousy exists between the two .establishments, and that for some time the Union has been laboring by night and by day to supplant the old organ, the Examiner, in the affections of the Whig party of this county ? Its course in this respect has been so constant and its efforts so unremitting, that the wonder is so little success has hitherto crowned its efforts. The Ex aminer, it appears from its rival’s own acknowledg ment, is in a prosperous and flourishing condition, and we apprehend it is likely to remain so for a long time to come. The accession of Mr. Fillmore to the Presidency has certainly placed it far beyond the petty jealousy of its rival. The Union , however, notwithstanding all its pro fessions of friendship and kind feeling for the Ex aminer , shows the cloven foot most effectually at the close of its article. It says:—“Certainly, as regards this press, [the Union,] it will never play second fiddle to any other press; nor is there any thing either in its present condition or its future prospects, to render it necessary to make any sacrifice of opinion—to forego its political consistency—to un say ought that it has said—to forsake old friends for new ones. Nor will it do any of these things.” This last quotation, is evidence sufficient that the lash was applied in the right quarter—and notwith standing the air of self-consequence and indepen dence assumed by that paper, it nevertheless feels that it occupies an inferior position to what it did, at least in its own estimation, a few weeks ago, and that, willing or unwilling, it must from henceforth play a subordinate part to the Examiner $ Herald. It may keep up appearances during the balance of Governor Johnston’s administration, inasmuch as the Union seems to be his special favorite; but when the term of that arch demagogue is at an end, the military Aid to his Excellency must neces sarily be reduced to the ranks, and content himself with following in the wake of his more fortunate rival. Sic transit gloria mundi! We shall have a word or two more on this sub ject hereafter. Killed. —During the storm of Sanday night week, a man named Hiram H. Baughman, of Bart township, was killed by*the lightning. He was in bsd at the time. Tbe Ascension—That was to Be! The grand Balloon Ascension, that was to have’ taken place from this city, on Saturday last, and which drew together an immense crowd of people to witness the scene, did not take place, owing to an accident which happened the Balloon. The ar rangements were all complete by 12 o’clock, the Balloon was inflated, and every thing being in per fect order, some ten or twelve topical ascensions were made, with four persons each time, to the heighth of several hundred feet—the ascent and de scent being regulated by a rope and windlass. But about 2£ o’clock, a storm of wind and rain coming up, the Balloon was driven about with much force, and finally, owing, perhaps, to the expansive power of the gas, and some mismanagement with the ropes, a rent was made, the gas escaped, and the Balloon collapsed, thus putting an end, for the time being, to Mr. Wise's contemplated aerial excursion. This was a subject of great regret, as well to the vast multitude of spectators as to the intrepid xronaut, after all the time, labor and money he had expended in constructing the Balloon. , The hour of 4 o’clock was fixed upon for the grand ascension, but seeing the storm approaching, Mr. Wise was anxious to cut loose from terra firma and ascend above the region of the clouds before the rain would begin to fall—stating, as a reason, that in all pro bability, the Balloon would be endangered by keep ing it confined to earth. This was prevented by the crowd, as they were anxious to have as many more topical ascensions made as possible before the grand flight. The result justified his fears—and disap pointed thousands who were anxious to witness the scene. Those who embraced the opportunity of making topical ascensions, were greatly delighted with the magnificent view they had of the surrounding country from the elevation they attained, and sev eral expressed a perfect willingness, if there had been room, to accompany Mr. Wise on his voyage. The first party that ascended was Mr. and Mrs. Wise, their Niece, (a young Lady,) and little son. We understand that as soon as the Balloon can be repaired and the arrangements again completed, Mr. Wise intends making the ascension, when he hopes to be able to gratify all who were disappoint ed by the accident on Saturday. Mr. Wise has kindly furnished us with the fol lowing account of his experiments on Saturday: Mu. Sanderson : —ln order to satisfy the numer ous inquiries made in regard to the experiment with the Balloon Hercules, on Saturday last, 1 deem it not obtrusive to address to you the-following lines on the subject. In the first place, however, permit me to say, that the Balloon realized the fullest ex pectations of the company of gentlemen for whom I constructed it, as well as my own. The appar atus for inflation, being on a new plan, also proved itselt far superior to the old method. This, 1 pre sume, is substantiated by the observations, and sat isfaction expressed, by the two thousand spectators who visited the arena on that day. ; The topical ascents, which were so doubtfully viewed and de scanted upon by nine-tenths of the community ever since it was announced that they would be attempt ed, also proved to the utmost satisfaction of every one present, that they can be made with as much safety, as can a pleasure trip in an omnibus to Kreider's spring. And what is of still more im portance than the mere ride, is the magnificence of the view in looking at God’s creation from an iso lated spot, and the entire absence of giddiness in any individual i chen so situated. I had the pleasure of piloting up 25 persons, to a height of from 300 to 600 feet, of which number six .were ladies, and I was highly amused in watch ing the effect produced upon them. A most intense degree of admiration was expressive in every coun tenance, and some gave vent to declamation over the scene and its grandeur. One young gentleman exclaimed, “there, there is my father’s house,” pointing to a habitation some 5 or 6 miles from the city. A city gentleman espied his garden and fountain beneath him, and while viewing it with admiration, he hailed some members of his family standing in his yard—when lo and behold, his liege lady recognized his voice, as he conversed with me, and then such salutations and gratulations as fol lowed between them were really amusing—he wishing to have her along up with him, just as strongly as she wished him to be down in the solid chamber from where she viewed him suspended between heaven and earth. After several car loads, from 4 to 5 each time, had made these topical as cents, there ensued a perfect mania to go up.— Gentlemen were offering premiums to those in ad vance for their chances. Ladies suspected the pro prietors of a want of gallantry for not giving them a preference, inasmuch as they had led the van in mounting the atmosphere, and little girls and boys were filled with lamentations at being rejected pas sengers—only such as were accompanied by their parents were permitted to go up. The grappling iron, ballast, and valve rope were all the while in readiness in case something might have happened to require their use, and each party was accompa nied by myself when so desired. Mr. J. J. Keller, one of the proprietors, accompanied others, and they were perfectly safe under his charge; Mr. Spangler, Editor of the Gazette , pioneered a party; and Mr. D. S. Laird, from the southern section of the county, another. After these experiments had gone on for an hour and a half, I noticed a storm approaching from the west, making its track directly for the Balloon. This was a magnificent sight, but looked threatening. I immediately stated to the proprie tors that it was my opinion the Balloon would be wrecked under the storm, if not permitted to go free in the air. Although a number of topical passen gers had engaged and paid for their ascents, Mr. Brubaker immediately refunded them their passage money, and put the Hercules under my discretion ary power. Seeing that no time was to be lost, I handed into the car my wife, son, and Misb Denton, my niece, and called on Mr. E. W. Rauch, who was to accompany us, who was also immediately at his post, and in five minutes time all was ready. By this time the. storm was close upon qs, but no danger could yet have possibly resulted to our bark from its effects, and the car was already clear of the ground, when a portion of the audience threw themselves upon their reserved rights, contending that as the final ascent was not to come off until 4 P. M., and it was now only 2, and many wanted their chance at a topical ascent, while some pro tested most loudly against Ladies going up in a storm, not thinking at the time that Ladies can raise storms themselves. By the way, mine had told me that very day she would raise one about my ears if I did not take her along in the voyage through the “ ether blue!” In the delay and con fusion of the Hercules pulling up, and the gravity of a sympathetic audience pulling down, garnished with an occasional flash of electricity and peals of thunder, the storm was upon us; ray lady passengers were then handed out, I got out myself-the audience in part made for shelter-the Hercules begantoplunge & chafe like a maddened steed trammelled in harness —excited men held on to the car, some were inside it, when another heavy Squall rent her in twain, and she fell a shapeless wreck upon the ground; but, I trust, for only a brief period, when she is to be regenerated. - Pardon me for calling a Hercules she. Balloons, like ships, are feminine genders.' Some persons think it was well that the final ascent was not made, from the fact that the Bal loon exploded under the storm. This is an errone ous notion. A Balloon free in the air, if properly and mathematically constructed, has all it load reg ularly distributed over its whole surface, and is in no danger of bursting after "having stood the infla tion. But in the case of a Balloon being restrained near the earth, every squall of ,wind produces an irregular strain, and in the case of the Hercules the net-work was drawn into one side of her nearly two feet before she gave way. Even this would not have happened could she have been moored close to the ground by the net-work. Very respectfully, your friend and fellow-citizen, JOHN WISE. Lancaster, August 5, 1850. Awful Fatality. We copy the following from the Rising Sun (la. True Whig , of the 20th ult.:— A man from Pennsylvania, (name unknown,) with a wife and six children, left Cincinnati one day last week, in a skiff, intending to go to Madi son—and when arriving at North Bend, his wife was taken with the cholera and died in a few hours, her husband nailing a rough box together and em bedding it in the sand where he left her. On arri ving at Millersbnrg, a few miles below this place, all of the children died but one, aad were buried in a like manner. The next day the father died and was buried on a sand bar, by a fisherman. This completed the whole family, with the exception of a girl three or four years old, who is now living with the fisherman who buried her father. This is certainly one of the most remarkable cases of fatality on record. The surviving girl is not suffi ciently advanced in years to give an /accurate ac count of their origin or destination, the above being the history furnished our informant by the old man previous to his death. Secret Plotting. The following communication and letter were handed to us by our friend Mr. Parker and we give them a place in our columns with pleasure, hoping that our cotemporaries of the city and county will do the same Press and Republican. bln. Editor —The following letter post marked at Phila., the 22d inst., is the first communication received on the subject It discloses a private or-, ganized opposition to making the Judiciary elective. The respectable gentlemen whose names are sign ed to the letter, which seems to be a manuscript circular, in furtherance of this organization, request “ a private meeting’’ ofrwo from each judicial dis trict in the state u one Whig and one Democrat,” of their own legal profession it is probable, “ quietly to consult upon, and arrange a plan of action for the different counties;” and afterwards, aid in giving effect to the “measures which there may be devised and determined on." The ability with which this plan is conceived by these gentlemen, and others no doubt of the le gal and judicial calling interested, is eonceded. But it is doubted in fairness to those of the people who are in favor of the amendment to the Constitution, of whom 1 am one, the public ought not at once to be made acquainted with the project of this opposition organizing under a secret caucus. Particularly, as otherwise the citizens of this state, of whom it is supposed three fourths are in favor of electing theiK Judges, might think that possibly they were mistaken in their views approving, and not vote at all on the question, since persons of in fluence in every copnty, equally of both parties, Whig and Democrat, apparently without any con cert or individual interest, had turned out so earnest and importunate against “ the amendment.” just be fore the general election. Please therefore, as the Editor of the paper issued first after the reception of the letter, to publish it and this communication. It seems right too, and I therefore request that the other Editors of this county “ Whig and Democrat,” will, as each paper issues, publish them also. Your, &c. <. July 25, 1850. Philadelpiia, July 19th, 1850. Samuel Parke , Esq. —Dear Sir.—An opposition i 9 now being organized in various parts of the State to the proposed Amendment of the Constitution, by which the Judges are made elective; and it is intended to hold in the course of next month, at some designated place, a small private meeting to consist of two indivduals only, one Whig and one Democrat, from each judicial district, quietly to consult upon, and arrange a plan of action for the different counties. Owing to the circumstances of this movement being entirely unconnected with party politics,'and to the natural indisposition ot most people to give themselves trouble about what does not immediately or personally affect them, we have in some instances, no easy or certain means of ascertaining to whom we ought to address our selves in order to the procuring in the several dis tricts, persons to meet at the consultation about to be held. Among the districts in’ which we are thus at a loss is yours. Allow us therefore to beg that you will do favor to send, or if you pre fer that course, to put this letter into the hands of a friend, with a request that he will send us the names of a Whig and a Democrat of your district whom we can rely upon to attend at such a con sultation, and afterwards, to aid in giving effect to the measures which there may be devised and de termined on. GARRICK MALLERY, C. INGERSOLL. Adding Insult to Injury. The selection of Corwin to fill one of the most important stations in the new Administration, is a direct insult to the memory of Gen. Taylor, through whose popularity Mr. Fillmore owes his present distinguished position. What! to appoint a man who rendered himself so notoriously obnox ious to every patriot in the land by his infamous speeches in Congress, denouncing the war with Mexico, and every man concerned in it, (Gen. Tai lor not excepted,) as being butchers of the human race, and advising that every one who participated ;n it should be welcomed to Mexico “with bloody hands and hospitable graves!" His speeches were translated into the Spanish language, and scattered broad-cast over Mexico—inducing the poor deluded Mexicans to believe that the American people were opposed to their own government in the difficulty between the two Nations, and in this way they were induced to protract the war and cause the death of thousands of our own countrymen, and tens of thou, sands of the Mexicans. And this is the man that has been rewarded for his treason by President Fillmore! Verily, “whom the gods will to de stroy they first make mad,” and the appointment of Corwin will prove a mill-stone round the neck of the present administration that will sink it yet lower than even its Galphin predecessor. The Gal phins, by their plunder of the Treasury, brought discredit upon Gen. Taylor as a statesman—but the appointment of Corwin, is a bold attempt to rob his fair fame of the laurels he acquired at the head of the American army in Mexico. The first by their conduct, did him unintentional injury while living—the last have intentionaly insulted his memory, by the appointment of a man who stig matised him and his brave soldiers as cut-throats and murderers! Next U. S. Senator. We observe that the Bedford Gazette strongly urges the claims of Col. McCandless, of this city, lor the office of United States Senator. Other gen tlemen have been named who would do honor to the party and service to the people of the State and country. But we presume no one will question the eminent fitness of-Col. McCandless, for the post 5 and those who know him as intimately as we do, -will never hesitate to trust him with the interests of the people, for on all subjects which immediately concern his fellow citizens, he takes the broad ground upon which the democratic party now stands* Should Col. McC. be elected, his speeches, votes and personal influence will surely be thrown into the right scale. He is a Radical Denrocrat, not a Conservative. The election day is a long way off, but it is not now too soon to present the claims of distinguished Pennsylvanians for a station so high and important as United States Senator. We hope the press of the State will give the friends of Col. McCandless a fair hearing. The following is the article from the Bedford Ga* zette: [Pittsburg Post. “For United States Senator, we are for Col. Wil son McCandless, of Pittsburg, and we have no concealment on the subject. The West is entitled to the man—all admit this—and Pennsylvania has no one within her borders who would reflect more credit upon the Commonwealth than Col. Wilson McCandless. His eloquence as a speaker—his un tiring and persevering energy in the cause of De mocracy—his deportment as a gentlemen, neighbor, and friend, all conspire to make him the man that ought to be chosen. The election of such a noble champion to the U. S. Senate, would give the great Keystone State her proper position as the arch that unites this glorious Union. Let the Democratic party at once concentrate upon Wilson McCandless —let them instruct their Representatives to support him—let us harmonize all differences of opinion to secure a majority in the next Legislature—and bar. gaining politicians will meet the fate they so justly deserve. Who will back us in a concentrated effort to throw the vote of the State upon a true Democrat in the West, and thus save the party from odium and disgrace? August Elections. Missouri —election took place on yesterday for members of Congress and of the State Legislature. Indiana —election held yesterday for members of the Legislature, and delegates to revise the Con stitution of the State. Nohth Caholina —in this Stale the election took place on Thursday last. The returns received, in dictate he election of Ried, the Democratic candi date for Governor. jp*The damage by the late flood, *to the public works, seems not to have been very serious in any quarter. There was scarce a day’s interruption to to the business upon the main line. Several breaches were made upon the North Branch, though none so serious but that they will be repaired wilhin the present week. We hear of but one no table injury upon the West Branch, which is at the moQth of the Royal Sock creek, and will pro bably require two or three weeks to repair.—The whole amount of injury to the Delaware division hai been estimated at $14,000, and the line is ex pected to be in order early next week.— Keystone. Pearsoh was hong at halfpast 10 o’clock this morning, fully prepared and making a {pll confes sion of his guilt. He died almost without a strug gle. In his speech upon the gallows he adjured those who heard him to seek their own salvation. The following was Pearson's speech on the gallows: “ I should like to say a few words—be prepared to die, my friends; seek salvation. This is the happiest death of any, if only prepared to die. I hope and trust in God, and that I am going to be with him in Heaven. I recommend you all to the Holy Word of God, and pray that we may all meet in Heaven." The following is his own confession: ; I wish to unburden my soul and free my con* science of whatever I ought with all my heart, and under the eye of my Maker who will judge me soon. I declare as follows—truly of the death ot my wife Martha B. Pearson, and of my two twin ' children Sarah and Lydia. I confess that I myself alone took their lives on the morning of the 11th April, 1849, between the hours of 2 and 4 o'clock —this is the time as near as I can recollect, and these are the principal circumstances. On 10th April I drank to excess; I went to my brother Henry's in Broomfield st.; took an umbrella, kissed my daughter Melissa, told her 1 was going to Pro vidence, and then parted. I went down toTreraont st. and Temple place to a Club house and got a pack of cards, then I struck over to the Providence depot and then left. I went to Boyleston st. and obtained the shoe and knife at a shoemaker's; then Obtained a hat of Landman, at an apothecary's; then I went to Merryman st. and got a bottle of gin; I then went to the Lowell depot and left in the cars for Wil mington, I think about six o’clock; when arriving at Wilmington, I asked when the cars left for Bos ton in the morning; some ofie answered and hand ed me a Pathfinder; I then left for my house, where my wife and two childrnn were living; I went over through the woods, and stupified with liquor ,got lost. It was a kind Providencfe to hold pae back, not knowing where I was. When I got through I looked round for some time and saw my barn. I * in my house; I rapped at the window; Martha came and said, “Who’s there?” “Daniel,” I answered. She came to the door and let me in; | I sat down and she got me a cup of tea ; I took supper; shortly after she retired; I sat up a little while by the stove and then went to bed with my wife; I got up, went out, and returned again to bed between 2 and 4 o’clock; I did the fatal deed after the first thrust, which I think did not wound her; Martha got the knife away from me, I know* not how, and held it by the handle; it was hard to get it again, and in the dark I seized the blade in my bands and wrenching split the handle and got the blade from her; if the handle had not been broken the deed might not have been done; on doing this I cut my hands badly; I then overcame her and in the struggle she cried out, “Oh ! Daniel, Daniel, don’t murder me—murder! murder!” I pierced her in the neck, she then got on the floor from the bed; she cried, ! “Oh, my God !” fell on the floor and died. Ido not know how the pillow came under her: Sarah slept on the bed with my wife; she awoke and cried; I pierced her also in the neck and she died; Lydiaavvoke and crawled on the bed, saying something, and laughing, I think; I put my hand on her head and pierced her in the neck; after this lamentable deed was finished I said, “ How could 1 have done it.” Now I acknowledge, as I have often and repeatedly, that Martha gave me no cause, neither in any manner or any time to do this tieed. I was not jealous of my wife; all her children, without doubt;' were mine; I cannot tell why I did the deed, except that I was led away before leaving the house; I kindled alight to dress; I lelt my wife on the floor, having placed the knife in her hand; the children on the bed, the laudanum by her on the table with the cards aad notes, one of which I signed, intending to make the impres sion that Martha, after destroying the children, had committed suicide. Upon going out the back door, SAMUEL PARKE. I crossed the woods to a brook and there washed my person of my wife and children’s blood. I then changed my shirt, which wa3 tom in the struggle and bloody. The blood on my clean shirt sleeve was my own blood. After wiping myself with the shirt which-1 took 0$ I rolled it up, carried it to Boston, and sunk it in the water just below the Providence depot. Terrible Accident on tbe IV. Y. and Erie Railroad. We learn from New York, that a terrible disas ter occurred on the N. York and Erie Railroad on Wednesday afternoon, about 1 o’clock. As a freight train of twenty-two cars, heavily loaded with live stock from tbe West, was crossing an iron bridge over a small stream, three miles west of the mouth of the Lackawaxen creek, the bridge gave way, and although the locomotive got over safely, the tender and filteen cars were precipitated into the ravine, which was sixty feet wide and twenty-five feet deep. The ravine was completely filled up by the wrecks of the cars and animals. The sixteenth car was reared on end, on the top of the heap of ruins. The cars which went over are said to have contained about 100 head of cattle, 250 hogs and 750 sheep; in all about 1100 animals. The cars which were going very rapidly, were completely shattered to pieces, killing or wounding hundreds of the animals: The conductor of the train, two brakemen and two drovers were buried in the ruins. The first was soon extricated alive, though badly wounded. Two or three of the others could be seen among the ruins and were able to converse for an hour or two. One of them was finally gored by an ox and another also appeared to be dead, when our inform ant left on the cars at 4 P; M. Another was still alive and calling for assistance. Drink was handed down to him, but he w’as buried so deep that there was little chance of his being got out alive. Some of the animalswere unhurt, but the great mass of them was killed or horribly mangled, hav ing their horns and legs broken, and being wounded in various ways by their struggling among them selves. The trains from the east and west, which met at the place of the accident, exchanged passengers. About two hundred men were engaged yesterday afternoon in clearing away the ruins, and endeav oring to extricate the men and animals.— News. * Infoiihation Wanted. —Of D. V. Brickly, who left Miffiintown about three weeks ago with a drove of sheep. Since then he has not been heard from. It has been ascertained that he purchased a ticket for Lancaster on the sth inst., -but whether he .left the city or not there is no definite information.— Said Brickly is about 5 feet 9 inches high, stoutly built, dark hair and rough swathy complexion. He had on a full suit of light tweed goods when he left. Any information respecting him will be thankfully received by the undersigned residing in Mifflintown, Juniata co. Pa. July 15, 1850. Miller & Pattebson. When the year 1849 closed, remarks the Phila delphia Bulletin, it was thought to have been parti cularly fatal to great men ; but 1850 threatens to be even more so. Already we have chronicled the demise of Calhoun, of Wordsworth, of Jeffrey, of Taylor and Peel, each, in his different sphere, a man who “leaves no parallel behind;” and now, as the foreign papers inform us, Louis Phillippe probably lies on his death-bed, a victim like Napoleon, to cancer in his stomach. The past few years have made 6ad havoc indeed with those great names which, from our childhood, we have been accus tomed to reverence. The giants in intellect—poets, philosophers, statesmen, military men—who formed and led the age have disappeared one after another until few, or none are left With Wordsworth de. parted the last of the great British poets of the nineteenth century. With Jeffrey went out the last light of that brilliant constellation of wits and poets who revived or rather founded criticism in this age. And novy Taylor and Peel and Calhoun are no more; and the old intriguer, Louis Phillippe, threatens to follow them. How forcibly all this reminds us that we stand on the threshold of a new age, with new men all around us. Especially, as Americans, do we feel this. Calhoun has gone, and, in the order of Nature, Clay and Webster must soon fol low. Taylor has gone, and Worth and Kearney, and others of the heroes of the Mexican war: and Scott, more aged than all, cannot be long behind indeed, as he followed the corpse of the President to the grave, gloomy thoughts, akin to this we speak of, must have possessed him. With melan choly emotions we see the past take the place of the present; and the reflection arises 'iwho are to take the place of those that are gone?” Alas 1 who ? Execution of Pearson. Boston, Friday, July 26. u Death has been Busy." . Commodore Jacob Jones, of the Navy, died al Philadelphia, on Saturday night, aged 83 yean. New Books. The Iron Mask; or the Feats and Adventures of Raoul de Bragelonne, is the title of a-new novel by Alexander Dumas, being the final conclusion of rite “Three Guardsmen;” “ Twenty Years After ; T and “Bragelonne, the son of Athos.” It is a book of 200 pages, translated from the French by T. Williams, and is one of the very best productions of that celebrated French Novelist. It will doubt less meet with a very ready sale. It is to be had at Spangler's Bookstore—price 50 cents. ' We received by mail, from the office of Little’s Living Age, a neat volume of some 80 pages, con taining two beautiful and interesting stories, entitled Lattice Askold, and Lizzie Wilson. Blackwood's Edinburg Magazine, for July, has just been received at Spangler's, (late Gish’s) where all the quarterlies and monthlies will here after be found. The* July no. of Blackwood com mences a new volume—thus affording a favorable opportunity to new subscribers to hand in their names. Terms $3 per annum. ID" The American Law Journal has made its appearance in a new dress. The July number is the commencement, of a new volume. The 1 printing and paper are excellent—the type are new—the pages, are longer—the space between the lines, (the leading) is discontinued, and the journal contains a much greater quantity of mat ter than previously. The contents of the number before us are highly interesting. Among them are abstracts of decisions of the Supreme Court of the United States—and of the Supreme Court of Pennsylvania,—remarks upon Professor I Webster’s , case, —and upon Renewing Patents by Congress.— The Review of the Bth volume of Howard's Re ports of the Supreme Court of the United States, points out some extraordinary evidence of inat tention on the part of the Reporter; and the nptice of Dean’s Medical Jurisprudence, contaiiing/4 sea sonable word in favor of Medical witne ises using “language plain, simple and, if possible, devoid of all technical terms.” / OJ'M. T. Fonn offers great inducemen who wish to rig themselves out in 7 a neat summer suit. He is selling his entire stoi at his “ Tower Hall” establishment, for t! of making room for a new/and splend winter stock. / Oak Hall, Boston. Geo. W. Simmons, the well known proprietor/of the large clot! ing estab lishment, sells splendid suits oi clothing for a small amount of money./ Traders in this sect on would a find it for their interest to make their pi rchases at this establishment. / Calcium Light. —Professor Grant exhibited in Washington on Monday night his calcium light from the Capitol. The National Intelligencer says: The lamps from 3d street to 14th street were not lighted, the Commissioner of Public Buildings, (Mr. Mudd,) desiring to observe the effect of this light as regards applicability for street; lighting.— The result of this experiment was most satifactory, and elicited the highest encomiums from numerous groups of ladies and gentlemen who thronged, the avenue for the purpose of observing this exhibition. The night was quite dark, and tbe stores closed, yet from this single light the avenue was beauti fully and equally illuminated throughout its entire extent, from the’ Capitol to the Presidential Man sion. Persons in any portion of this extensive st. could see to read and tell the time by the dial-plate of a watch. The light was kept burning for one hour, and the rays, steadily directed upon the aven ue, gave a uniform light, without vacillation or change of intensity, altogether demonstrating that this lig&t is unequalled for street illumination, and if its cost is not an objection, (and we are assured that it is not,) it must, celeris paribus, be speedily introduced lor that purpose into all'our large cities and towns. Hon. James Buchanan was on a visit last week to Bedford Springs. Hon. D. P. King, a member of Congress from Massachusetts, died on Friday week. , XT The Monument at Nashville over the re mains of the late President Polk, is described as very elegant and imposing. The design is of the Doric order. Part of the inscription is as follows: “By his public policy, he defined, established and extended the bouudaries of his country. He plan ted the laws of the American Union on the shores of the Pacific. His influence and his council tend ed to organize the National Treasury, on the prin ciples of the Constitution; and to apply the rule of Freedom to Navigation, Trade and Industry.” Dreadful Storm. Destruction or Life and Property ! We were again visited with a succession of thun der storms on Sunday last, (28th ult.) accompanied by torrents of rain. The creeks and streams in our neighborhood were so swollen as to overflow their banks for a considerable distance, and very great.in jury has consequently resulted to fences, See. Much damage has also been done to orchards and gardens. But the most melancholy result of thei storm is in the loss of life and destruction of Barni with their contents. \ The house of Mr. Abraham Seavers.cjf Dickinson township, nearCentreville, was struck by lightning, the fluid passing down the spouting onfthe corner of the house, and almost instantly killing his son, a young man who was sitting on the porch near the corner. The remainder of the family were inside of the bouse, and neither they nor the building were at all injured. We hear a report of seven Barns beins; destroyed, but the rumor is probably exaggerated as we can ascertain particulars of not more than tl ree. These are the barns of Mr. Johnson Martin, IVjr. Fleming and Samuel Clarke, all situated within [the neigh borhood of Churchtown, where the storpi seems to have prevailed in its highest fury. On Mr. Clark’s barn we learn there was an insurance jot $7OO. — Mr. Martin’s loss is said to be at least s|2ooo. We learn that he was at his bam when the storm gath ered, with two of his neighbors who nad stopped for shelter. They were warmly urged jo go to his dwelling, but declined, and he left them. He had scarcely reached his . house when, the] barn was struck. He hastened back to it and found the two men' prostrate on the floor from the shoik, and-one of them apparently lifeless. The barn was also on fire and rapidly burning. His efforts wire howev er directed to rescuing the two men, whom with much difficulty and loss of time he got to a place 4 of safety where restoratives could- be applied to them, and in due time they both recovered. Mean time the fire spread rapidly over the bam, and he was not able to save a single article in it but a team of horses. On Mr. Martin thiff unexpected calam - ity falls with particular severity. —Carlisle Herald. Mad Freak of a Maniac. A remarkable freak of a maniac oceurred a Bordentown, N. J., on Tuesday. The locomotive which was bringing the morning train from Bor dentown to Trenton, was missed, and the engineers procured another—when they reached Trenton they discovered the missing one fast in the switches, blowing at a great rate. The Trenton American sbys: “When they came to it they found a man try ing to rebuild the fire, and the water and cynders splashing over him and the engine.—lt seems that a crazy man, hailing from New Hope, Pa., had come here from Bordentown on l Monday evening, and returned in the same train. 1 Some time dnring the night, or early in the morning, this madman had gone to the engine, kindled a fire, put on one of the pumps which bad been taken off and not finding the oil; had melted tallow, with which he greased all the apparatus, • and, putting on the steam, came up to this city like a streak of “ greased lightning.” The engine bad been man aged very well, as it was not at all injured; but it is supposed be did not know how to back it when it got in the switches here, which were locked. We understand he roust have passed one or two switches before reaching this station. He said be took the engine to see how fast it could be made to go. He was taken back to Bordentown, and sent thence to his friends. His escape, from de struction was very lucky for him.” IP” The favorite boast of the Whigs now, is that they are to have a thorough-bred Whig administra tion. As the Richmond Enquirer forcibly remarks: —“We were told by the election of |Tatiob and Fillmobe, we should put down parties, and should elect a “President of the people,” and 1 not of party. The Whigs now jump Jim Crow,'and boast they have a full- blooded pardzan President, who goes for ‘making the Whig .party stronger.’ Their ‘no. partyism’ of 1848, has not only resulted in a strict ly pardzan administration, but in a sectional array of parties which endangers the very existence of the Union. We are glad, even eft this late day, to tee the humbog trick of “no-party” repudiated by the authors.” |. s to those and cheap :k at cost, ie purpose d fall and
Significant historical Pennsylvania newspapers