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dEb; EDITOR . -IfilailiellSSl'st,-
:, , ,,i,d2.uneaster. June 2L 18511.
-OiMO CHAT IC NOMINAT lONS
CANAL COMMISSIONER - '
~.-',.: - '
:`; - ,2111.40MAS H.' FORSYTH,
-.4: 4 'OF PAI L ADELPHIA COUNTY., 4 4 '
1 I "''
- ;i: . •,, AUDITOR L;ENERAL, i'': %i ',...
EPHRAIM BANS;
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-•- OF MIFFLIN COUNTY.. 1 '. , 7 t..:1,".
-. 4 , # 7‘ ; ...
.
FOR SFRVEYOR GENE 4 , 1 t
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J. PORTER BRA
..WLE, . W
OF CRAWFORD Ci UNTY
Temporaty 'Loan.
We have noticed statements in some of the newe
papere, that GoV. Braman - had negotiated a tempo
rary loan of, seven hundred thousand dollar!, to
carry on the new work on the state improvements.
This is not entirely correct.
The facts of the case. as we understand them, are
that by the terms of the last appropriation bill, the
Governor is authorized to anticipate, by temporary .
loans, the surplus receipts for the' years 1853—'54.
after providing for all ordinary expenses, including
the interest on the public debt. The sum so.raised
is to be appropriated towards the completion of the
North Branch Canal, relay the north track -011ie
Columbia' railroad, and to the avoidance 0f214u,
planes on the Allegheny Mountains. Under this
authority temporary loans to the amount of $475.
000 have been negotiated, and not $700,000. The
reason's' for this measure are very obvious. The
Governor had taken the position that the State debt
shonlci not be permanently increased, for any pur
pose whatever. That all the improvements now
in progress mist. be completed from the current
means of the treasury, and that too without distur
bing the Sinking Fund. The.;eontractors are now
at work, and unless the revernies were anticipated
by temporary loans, no means of payment could
be furnished, as the balance in the treasury could
not be ascertained until the close of the year, and
consequently the work on the improvements would
be suspended, and their completion, so important
in every way, postponed. Under the present ar.
rangement we are assured the North Branch Canal
;will be completed by the first of October, and the
north track of the Columbia Railroad, under the
direction of the faithful and indefatigable Superin
tendent, JOBIPII B. Basun, Esq., will be finished
about the same time, and be one of the best roads
in the country:. --':very right minded citizen of the
State, not dis Posed to find fault with everything.
must see the wisdom and the advantages of this
policy.
No man in the State understands her financial cif
fairs better than Gov. BIGLER, and no man has or
will labor with more untiring zeal to promote her
true interests.—Pennsylvanian.
Important Correspondence
We need scarcely apologize to our readers for oc
cupying so. much space with the important corres
pondence which took place recently bet.veen the
Goviruora of Maryland and Pennsylvania, in refer.
ence to the case of Thomas MCreary, the alleged
kidnapper of the Parker girls from Chester county.
It will be seenthat Governor Lows refuses to delis ,
Sr.them up on the requisition of Governor Biozza,
end states his reasons for pursuing such a singular
course. The reply of the latter is a document of
immense force and power, which completely anni
hilates all the positions taken by the former, and
shows that however eloquent Mr. Lows may be as
a lawyer or stump orator, he is completely er
matched by the solid and convincing constitutional
argument of the Printer Governor of Pennsylvania.
This correspondence will forever silence the infa
mous horde of Abolitionists who have been con
stantly assailing Governor BIGLER, and Hill add a
new leaf to the chaplet of lame which already en.
chiles his brow. We bespeak for the correspon
dence a careful perusal.
Important—lf True!
The New York .krurmil if Conn Lire learns that
infut marina has been forwarded to our Government
supported by . pinitsible evidence, to the effect that
Sior•rs ANNA ' S bold and daring policy towards the
U. States, is backed by an understanding with Spain.
Spanish officials are filling places near the person
and in the army of SANTA Atirri, and Spain, so the
intnrmation goes, is preparing to strike in her pro
tectorate capacity—in which she is to be protected,
and is to pay the fee by the utterance of English
policy in Cuba, and then to adopt the apprentice
system for almost unlimited periods, say eight,
twelve and sixteen years, by the tree introduction
of negroes from Attica, without molestation. The
Journal of Commerce does not undertake to endorse
this exact outline of the programme, but says it is
clear that our Government should keep a sharp look
out in the direction of the Gulf of Mexico, as a
deep game is evidently being played in that quar
ter.
tp" Will out .friend of the Democratic Union
look at the article which the K-eystone carps at ?
If he examines it he will find that thi sentiment
was not "an inadvertent expression of the editor
of the Lancaster Intelligencer," but- was a casual
wish expressed by our Washington Correspondent, a
high-toned, intelligent Democrat, whose productions
we never feel at liberty to alter. We care nothing
about the matter pro or con, but regret that so ex.
cellent a Democratic paper as the Union should be
led into error by such a lying contemptible guer
illa sheet as the Keystone. Of course, we would
not ask the latter to make the correction, as the
public have long since set it down as unworthy of
belief, in any ming it utters respecting Mr. Buca-
AII.
Monex Vatixox Es.rtTe.—We learn from the
Washington City papers of Wednesday last, that a
sale has been made of 200 acres of land, including
the Mansion at Mount Vernon, the home rf Wash
ington, for the sum of $200,000, provided Congress,
at ifs next session, does not signify en intention to
purchase the property. It is stipulated that the
tomb and remains of Washington are not to be dis
turbed. The purchasers area company..comnosed
of gentlemen hailing from the North and the South.
. .
• DZMOCILLTIO T!Cx.sT.—The following ticket
has been placed in nomination by the Democratic
Conference of the City and County of Philadelphia.
It is composed of strong and worthy men, of whose
election we think there can be but little doubts
District Attorney.—William Badger.
County Treasurer—Charlee Worrell.
County Commissioner—Joseph L. Smith.
Prothonotary—James Gibson.
County Auditor—Jame. R. Steel.
. Marsha/ of Police—Jobn K. Murphy.
V; ' .!;;:,.,„,, ,y y0TL11T PUBLIC .- We are pleased to sea it an.
l'',. ';' , ...-01 1 :tunced that our young friend and former towns
, Wan, Janne Lawn, Esq , (son. of Hon. Ellie
r — . ' Lewis of this City.) has received from Governor
J.
:._. Bigler the 'appointment of Notary Public for the
~..,,- Burough of Vutisville, Schuylkill county. We have
44 , no dqubt be will make a capital officer.
-
,- -i . ,
t P'
`
„....,-,- - [1:7” Lewis-Cate, Jr, Charge d'Affaires at Romp.
,i.i9::r''"l- bee visited this:countr!. only temporarily. Be will
q
; 4.- 1,. return-in September next.
-J.oxis C. Means El . of the Berke County
~, 1 ,, '4-:: ~,, Preis bas been- appointed mail agent on the'Read.
1 iit: :ing Railroad.
AC- tr ,
COP qamuelSaunilera. ,;46-431 the Gap party, was
....,,ir.- consicti.d on V 6 ednesdatlast, In the U. S. District
\.:-P!'" tout, Philadelphia, of paising counterfeit money,
;;,If' re, 2 t(;!' Stra.Y*rrielire
Arpg ' 111 .4.4h# 1 New York at
The Campallgovor
:Theriis: au
,un.osiisl c a rman delpelitical world
just noit'rkleliat,:rfielkisalle hersriuPeensylve:
nia. - "Altliiiiiktigt!Tifiiiiiiitheihtervene between
this and-thfiseikkeiil'eleetion 4 rurld although we
base loiii:oo , **itiip tiprtanc offices in the State
rofillostipio:o4oiliftipaireiion is heard on either
eitle;enik 1 tiger It Vdrippear as though the
P9fisr Q.,. ..;,-;wle_kiiketAtid that the 'era of
Amid fee%) :,.!.ffi-IStr.itsten.arifejlng the Presidency
r m 4„
Of Mr Miiffrpe,!reirib-?spreail. thrsoothing influence
neer the land, - :apPforever:'l4,l . ,
,;,eltdemon of
m
p. strife whichlsioi run iiiit iiiiiie . the great con
teat of 1828. -After a eh•guersid*ilferiee of tour
and mentryears, the,.)NlkiglOy*iii to have
aiven up the contest in lifijiaji, rind .rire , :riosi wil
ling that the governments:tif--rhe.!teteAtidilation
shall remain in Demorratic hindirwilere.they right
fully belong. The downfall of Whiggeri*men
ced with the nomination of ZACHAIII''TATLOR, in
The " Slaughter House "
_Convention of 1848; and
was consummated at Baltimore, in the month of
June last, b, the nomination of WINFIELD Scorr.
From that moment every intelligent mind predicted
t' e destruction of the great party which eight years
before, under the leadership of Hexer CUT, came
well nigh defeating the lamented JAMES .11..P4f4;
and the disastrous rout of 1852 drove the last nail
in the coffin of the defunct party. Since November
slant, the Whig party, as such, has been dead and bu
ried, anti all the efforts of all the galvanic applian
ces iirthe Union cannot restore'-to the loathsome
carcase
.thejeast degree otAtalit:y.- In the lan
guage of its greatest statesman, the. Whig party,
from henceforth, will exist , only on the historic.
page, and will be as little respected by posterity as
was the party of the Alien and Sedition laws of
1798, or the Hartford Conventioriists of 1814—all
alike despised and execrated by the Americaupeo
ple. . .
But, although Whiggery was scattered to the
four winds by the elevation of Fa/MUM Psalm:
to the Presidential chair, it does not necessarily fol
low that their principles have become extinct, or
that the Democracy for the future are to walk over
the course without opposition. Far from it. The
elements are even now at work to organize the
different factions of Whiggery and disaffected Dem
ocrats into a new party, which will commence its
operations in this State by endeavoring to defeat
Messrs. Foasrra, BANKS and BRAWLEY, the nomi
nees of the Democratic party. That it: will be an
abortive effort we have not 'i doubt, if only the
true-hearted Democracy of Pennsylvania are ac
tive and vigilant—true to themselves and their
country. We should all act as though the com
mon enemy were in the field, fully organized as
they were wont to be years gone by, and not suffer
the disgrace of being caught napping in the hour
of victory. We should recollect that "eternal vig
ilance is the price paid for liberty," and the surest
road to success is the straight-forward one of duty.
Hannibal had Rome in his power after a succession
of splendid victories, but lost all—his country and
his life—by permitting his soldiers to become en
ervated and inefficient, through luxury and want
of discipline, when in sight 'of the Eternal City.—
Dl' as profit by so striking an example.
Our candidate; now before the public, are tried
and true men, and thorough-going Democrats.--
They have each been "weighed in the balance and
not found wanting." Honest, intelligent and deser
ving, they are eminently entitled to the vote and
active exertions of every true friend to our glorious
party, and it would be a burning, disgrace if, by
supineness or lethargy, we should permit all or
either of them to be defeated, when, with a proper
eflbrt, they can be triumphantly elected by at
least twenty thousand majority.
We hope our Democratic friends will reflect up•
on this matter in time, and see to it that the party
is thoroughly organized 'in every county of the
State. The sooner the good work is commenced
!he better—the more certain and overwhelming
our victory will be.
ir7 The New York Times and Messenger, a neu
tral sheet, says that the Whig party is henceforth
to be spoken of in the past tense. Daniel Webster,
in his last illness prophesied its . dissolution—the
Tribune protioutices it dead. The truth is, that all
ITS great) issues " have been dead ever since the
reign of ' Captain Tyler." The exchequer scheme
that was to stand in the place of a United States I
Batik, was one of its last kicks. The Mexican
war kriocked it into a cocked hat. General Tay
ins was elected on the strength of his eminent ser
vices, not as the representative of Whig principles,
and the Whig party would have fallen to pieces
even before the close of Mr. Fillmore ' s administra
tion. had it not been sustained with all its sins of
omi7.non and commission, on the Atlas shoulders
of that noble-hearted and magnanimous statesman,
Henry Clay, whom it treated with more ingratitude
than ever before repaid high service, but who, with
the chivalry that belonged to his noble soul, bore it
up in storm and tempest as faithfully as if it had
been worthy of 'support. With Mr. Clay died the
Whig party; Mr. Webster composed its epitaph,
and General Scott and his friends buried it so deep
ly that it is doubtful whether the hand of resurrec
tion will ever reach it. It is thought, adds the
same paper, that the Tribune, which endeavored to
revive it when ill articulo mortis, and has since ; af
ter applying a looking-glass to its month, proncifilic,
ed it " a goner," wasaccessory to "the deep daissna
tion of its taking off." Upon this delicate point
we shall not hazard an opinion. Others suppose
that General Scott's western speeches gave it the
coup de grace, and there are some who assert that it
was stabbed in the neck by the Unionists of the
party. The prevailing notion seems to be that it
furnished the means for its .own destruction, and
fell by an arrow drawn from its own quiver„ ,
Robert Tyler, Esq.
This gentleman, the present able and acccOplieh.'
ed Prothonotary of the Supreme Court,,de.thus
truthfully referred to by the Camden (NJ) Democrat•
all of which will be fully endorsed by every body
who has the pleasure of his acquaintance
The longer we are acquainted with Mr. Robert
Tyler, of Philadelphia, the better we like him.—
We' are not astonished that he should be so pops.
lar in the old Key-Stone State. He was educated
in the good old school of Virginia Democracy—a
school that was opened by Jrfferson, and faithfully
kept up by his successors in the old Dominion. His
distinguished father is one of the moat eloquent, as
well as intellectual, of the great men of the day.—
His son, therefore, had a most excellent preceptor,
and may be. said to be a Democrat, dyed in the
wool. In point of high- oratorical powers, we
know of no man of his age, hi or out of Pennsyl
vania, who excels him. His style of Breaking is
very impressive, and his diction the most chaste
—and as a writer, Mr. Tyler belongs to the very
highest class. It is not often that a gentleman
coming from another. State reaches the elevation
he has in Pennsylvania, in ao brief a period. With
Virginia for his birth place, and Pennsylvania for
adoption, it may he truly said, that his career is
exceedingly promising.
CHOLER♦ Ire WILLIAMSPORT, MD.—The Cham•
bersburg Whig has a letter from a reliable gentle
man of Williamsport, on the nature of the disease,
which appeared in that place some ten days ago,
and which had already been noticed in our columns.
From this account, it is very similar to that of the
Cbambereburg epidemic of last season. The wri•
ter adds in a postscript, that three deaths have oc•
curred since the last report, and that it is beginning
.to assume a more alarming phase."
1:1:r Mr. bury Wren. the distinguished ailment,
made an ascension on Monday last, from the arena
of the Hippodrome, New York. It was his one
hundred and fifty.fifth ascension. After being up
aboirt thirtysix minutes, he landed at Flushing,
L.I.
ENGINE EXPLOSI..X.--An engine exploded on the
New York and Erie Railroad, on Thursday last,
killing eleyen persons, and woudino 'more.
Tt":
tht,
President Pierce and the British Abolitionists.
The visit of Mrs. Stowe to England, and the-cir
culation there of her book, cannot fail to result in
a happy influence upon public sentiment in our
own country. The demonstrations of respect for
her attack upon southern institutions will show
more clearly than ever the intimate sympathy ex
isting between the abolitionists of both countries,
and those who give countenance to their fanaticism
will inevitably reap the reward which their treason
to the country merits. An intelligent correspon
dent of the New York Observer. writing frolt Lon
Sion, relates an incident which ought to arrest the
attention of every lover of our institutions. He
says :
" At breakfast the other day, I was seated next
to one of the admirals in the British navy. He ask
ed me if I th tight there was any danger of war
ever springing up again between our two countries
I answered that I thought there was. He'vras sur
prised. and asked for the reason that justified such
a sentiment. I told him that the rancor and con
tempt with which American principles and insti
tutions are treated in.this country are irritating the
American people, and the work of alienation is has
tened every ~ay. The admiral declared that such
feelings are not wide-spread, and lie only in vulgar
and unenlightened minds. • Did you know, sir,' I
inquired, that the President of the United States
' was hissed by four thousand British Christains in
Exetei-Hall last night ?' Heexpressed himself both
surprised and grieved, and still held that such peo
ple as meet there to celebrate their anti-slavery an
niversaries are no exponents of British opinion."
THE PE5814113471 THY' UNITED STATES HISSED
HT DOER TEICIiThiVICAIfsEk„.4EISTJANS I And
what has President PietieiWit!"t sit British Chris
tians should resort to thiiimusiarrnode of exhibi
ting their indignation aad their decency"? His of
fence consists in this—that in his inaugural speech
he declared,:
The founders of the republic dealt with things
as-they-were represented to them, in a sprit of
tell-sacrificog yatriotism, and, as time proved, with
a compribetave:wisdonl, which it will always be
safe for us to consult. Very measure tendiag to
strengthen the fraternal feelings of all the members
of our Union has had my heartfelt approbation.—
To every theory of society or government, whether
,the offspring of feverish ambition or morbid enthu
siasm, calculated to dissolve the bonds of law and
affection which unite us, I shall interpose a ready
and stern resistance. I believe that involuntary
servitude, as it exists in different States of this con
federacy, is recognised by the coustitution. I be
lieve that it stands like any other admitted right,
and that the Staten where it exists are entitled to
sufficient remedies to enforce the constitutional pro
visions. I hold that the laws of 7 850, commonly
piled the 'compromise measures,' are strictly con
stitutional, and to be unhesitatingly carried into ef
fect. I believe that the constituted authorities of
this republic are bound to regard the rights of the
South, in this respect, as they would view any other
legal and constitutional right, and that the laws to
enforce them should be respected and obeyed, not
with a reluctance encourage i by abstract opinions
as to' their propriety in a different state of society,
but cheerfully, end according to the decisions of
the tribunal to which their exposition belongs.—
Such have been and are my convictions, and upon
them I shall act. I fervently hope that the ques
tion is at rest, and that no sectional, or ambitious,
or fanatical excitemeut may again threaten the du
rability of our institutions, or obscure
,the light of
our posterity.'
These patriotic sentiments were hailed with un
bounded gratification by the true friends of ourcoun
try throughout its length and breadth, but they are
deemed worthy only of hisses by American and
British abolitionists. What an overwhelming re
buke does this echo from Britain administer to those
dishonest southern whips who are now seeking
again to kindle the fires of agitation by falsely char
ging the President with giving countenance and
support to abolitionism in his distribution of the
public patronage? This charge emanates, too,from
politicians whose associations with free-soilism have
been so intimate and so recent that their garments
are scarcely >et clear of the offensive odor.—Union.
High Authority,
We take the liberty, says the Bedford Gazette, of
making the following extract of a letter from Hon.
atm Law's, (one of the Judges of the Supreme
Court of Pennsylvania.) to the editor, dated Lan•
caster, June 4, 1853—and we trust the Judge will
excuse the liberty thus taken, as we deem it highly
important that his emphatic endorsement of the ap
pointment of Judge Knox ghot,ld be made public.
The death of Judge Gibson puts Judge Lewis in
his place, so far as age and experience can give one
position. He is now the oldest Judge in Pennsyl
sylvania, although not the oldest man on the Bench.
He has been familiar with the practice and admin
istration of the law for more than thirty years; so
that his expression of opinion of the high qualifi
cations of the gentleman who has been selected to
fill the place occupied by the late Judge Gibson,
will be considered no idle compliment, but will be
retnembered by the freemen of Pennsylvania on
the second Tuesday of October next as a great
truth emanating from one of the best men in the
Commonwealth. But to the extract. Judge Lew
is says:
" Gov. Biaxna is entitled to the gratitude of the
country for giving us so excellent a brother as
Judge Knox. If he had searched the wbole State
with the utmost scrutiny, he could not have select
ed a more upright and competent man. His father
was Sheriff of Tioga when I practiced law in that
county. I have known Judge Knox from his early
youth. He comes from the masses, feels with
them, understands their interests, and has the dis
position as well as the ability to promote the wel
fare of the whole people. He has risen, without
the aid of family influence or wealth, entirely upon
his own merits; and his elevation has been as rap
id as his deservings are confessedly great. He is
young, but his youth is an argument in favor of his
appixintment. The duties of the Bench are of a
character which require some degree of bodily
health and vigor, as weil as a mature judgment and
well-balanced-mind. Judge Knox possesses all
'these qualifier; and, what is of great importance,
hr.wilLbe ysstly improved in experience before the
.end•Sof 'his fifteen year term, (should his health be
spared,) while he will still be in the prime of life
and in the zenith of his bright career of public use
fulness. I mention my views upon this subject to
show how sound and correct your own are, as
stated in your editorial notice of hie appointment.
Your Friend, -
ELLIS LEWIS.
Gen. Geo. W. Bowman."
The Right Spirit.
The Pennsylvanian, a few days since, had the fol
lowing admirable paragraph, all of which will meet
With the hearty concurrence of every true-hearted
De - Mocrat in the State:
'. Let there be no more war in the Democratic
,ranks in this State. We have always been charged
with more than we had; and it is now - reported to
be a common saying at Washington, in the Depart
ments, as well as at the White House, that the old
Keystone State is the most harmonious of all the
large States. Well, if there is not much to settle
or forgive, it is soonest and easiest done. We go
for it. We go for it for our own sakes. We go
for it for the sake of our fellow Democrats We
go for it for the sake of Pierce. We go for the
sake of Bigler. We go for it for the sake of the
Whigs. Let us bury our quarrels in a common
grave; and if there are those who will not agree
to this, we say
,put them into the grave them.
selves, and heap it up till the cry out "plc
cavi." When there is union and good feeling.
Faction starves apace; Demagogues have no work;
mischief-makers go begging; and every body pros.
pers. 'Besides, our great party was not made, like a
prison, to howl in. It is n partnership for warm
hearts, brave spirits, true men, enquiring minds,
and not for grumblers. We say out upon all future
scolding at our political hearth-stone. Who says
so too?
liaouriotv BLABPHEMY.—the horrid language
which follows is extracted from an account of the
proceedings of the recent abolition convention in
Boston
"Mr. Henry C. Wright commenced by saying
that he was an atheist to anything which sanctioned
slavery. I would pet my heel upon any Govern-
ment which sanctioned slavery. If God sanctioned
slavery, I 'would put my heel upon him. ( lilies
and applause; 'order' from the Chair; hisses and
laughter from the gallery.) Yee, I would refuse to
obey such a God; I would put such a God upon
the auction block, and sell him like a beast.—
(Hisses.) Mr. Wright proceeded to say that he
was an atheist to any God that sanctioned slavery ;
he would spend his money and his life to overthrow
such a God and sad, a Govern:, sot. The day is
past when we should look to attributes or titles.—
He had no respect for the name of God in the mouth
of a warrior, s slave holder, or a rumseller."
ANOTHER %s.a.e.—The Port Tobacco (Md.)
Times says that Mr. H. Brawner, of that county,
has lost another slave from what is Mieveci to be
choleisolaking the firth. fatal case in his family.
CHOL:IRAThe 2 3t, Yrtr.r 7.r ILE
CITY' AND COUNTi'cli;iMS
- Jose %ow, Eel has received the appoint
ment Of P. M. at Safe Nth or, - in ibis - - eciaiity:--a
Mr. K., is an active, intelligent, working pentocirt,
and will make an 'Obliging, attentive and effi
cient officer.
littr The FAXICR or Sryx is here, and will give his
drat exhibition this evening, in Fulton Hall.- His
extraordinary performances are said to exceed those
of any other necromancer now in: the countrynot
even excepting the celebrated Anderson, who sev
eral months ago delighted and astonished out. citi
zens.
The contract for building the York Furnace
Bridge, was on Monday awarded to Messrs. John
Black and Jacob Huber, of this city, for $40,940.
gtr-The foundation of the new Locomotive Man
ufactory, in this city, has been: commenced. A
committee has gone East to purchase machinery for
the establishment.
Dcr The name of the "Rock " P. 0., in Fulton
township, has been changed to "Peach Bottom,"
and Mrs. Ann Parry appointed P. M., in place of
S. W. P. Boyd, removed.
Ncw BANK.—A number of the citizens of Mari
etta have given notice of their intention to apply
to the next Legislature for a charter for a Banking
Institution, to be located in that BeroNh andc ailed
the Donegal Rank, with a capitalef $150,000.
?The contract for repairing the new Reservoir,
it having settled about two feet :at the south-east
end since its construction, was awarded, on Friday
last, to Mr. James Rodgers, for the stun of $2BOO--'
he being the lowest bidddr. .
FAST RuttarNo.—The speed of the new Loco,
motive, the "Keystone," just
. put upon the State
Road, was tested a few days ago, between Gal
lagherville and Coatesville, a distance of 41. miles.
It was run in precisely four and a hal/ minutes !
which is at the rate of sixty miles an hour I •
r. Messrs. Mishler and Reese have established
a line of coaches between this City and the Ephrata
Mountain Springs. They will leave Reese's Hotel,
in North Queen street, every afternoon at 3 o'clock,
and returning, leave Ephrata at - 7
o'clock, A. M.,
reaching this City in time for the forenoon trains to
Philadelphia and Harrisburg. Fare 75 cents each
way.
Gee Coraperrir.—The following officers have been
elected for the ensuing year:
President—William Mathiot
Managers—D. Longenecker, C. Hager, H. R
Reed, Ellie Lewis, Wm. Glime and A. Shaeffer
Secretary—Wm. Glime.
Treasurer—John F. Shroder.
DitOWNED.—An Irishman by the name of An
drew Kelly, (a relative of Patrick and M. Kelly.
of this city,) was drowned on Thursday last, near
Castle Finn Iron works, York county. fie went
into the water to bathe, and was afterwards found
drowned. His remains were brought to this city
on Friday, and interred in the Catholic burying
ground. He was unmarried, and about 26 year: of
age--/n/and Daily.
N . ew Thannos.o.—At a late meeting of the Com
missioners of the Columbia and Octorara Railroad,
it was decided to raise the amount of money nec
essary to make a survey of the route, which will
probably be from Columbia through Washington,
Safe Harbor, New Providence and Quarryville, at
some point near the Lancaster and Chester county
line, to intersect with the proposed Central Road
from West Chester to Baltimore. The completion
of the road will materially reduce the price of coal
and lumber at the various points earned along the
proposed route.
TOWN CLocrts.—There have been two town
clocks fixed up, since the removal of the one on the
old Court House. One thereof at the South-east
corner in Centre Square, by Mr. Zahm ; and the
other thereof by Messrs. Zahrh & Jackson, in front
of their store, North Queen street. These time
pieces will, in some measure,' supply the place of
the old Court House clock, for which the enterpris
ing gentlemen, who put them up, are entitled to
the thanks of our citizens generally.
iglr The Farmers in this county are now in the
midst of their hay harvest—and the crop will be
a very heavy one. The wheat crop also gives more
promise than it did a few weeks ago, and, from
present appearances, our country friends, in gen
eral, have very little reason to complain. Whilst
there are some bad fields in the county, there are
more goo ones, and the crop, we think, will be
a fair average one all through.
° LANCASTER COUNTY AGRICULTURAL SOCIETY.-
A meeting of the Society was ,held in this city, on
Monday, the 26th ult. Mr. Casper Hiller of Con
estoga, produced a • variety of choice strawberries
and cherries, and a committee on fruit was ap
pointed, consisting of the following gentlemen :
John Miller, Casper Hiller, J. B. Garber, C. H. Le
fever, J. F. Heinitsh, Dr. Ely Parry and Levi S.
heist. •
'73
ATAL ACCIDENT.--011 Wednesday afternoon
last an accident occurred on the Canal, where the
Messrs. Grubb are erecting their new furnaces, by
which one man was killed and another seriously
injured. An embankment gave way, and in its fall
struck one of the workmen on the shoulder, break
ing his shoulder blade, and completely buried an
other, who lived but a short time after he was ex
tricated. The latter was a German, and resided in
Marietta. We have not heard the names of either
of the unfortunate men.—Col. Spy.
ic!;r- A Lodge of the Ancient Order of Good
Fellows was organized in this City on Friday last,
by D. G. M. Joseph L. Nace, of Philadelphia, un
der the nameand title of Hancock Lodge, No.
28. The following officers were elected and in
stalled :
W. G., William Freeman ; W. V. G.. John R.
Shultz ; W. R. S., J. M. Johnson ; W. T: Jacob
Hubert; W. W., John C. Hubert; W. I. Geo.
F. Rote ; W. J., John King. Twenty propositions
for membership were received at the first meeting.
A TIMELY Waninso.—The Philadelphia Ledger
of Wednesday last, has the following item of City
news, the publication of which in this region
may have some effect in abating a nuisance which
the good citizens of Lancaster ale compelled to en
dure for the space of a fortnight every year. This
thing of firing off crackers in a populous town, is
always attended with more or less danger, and the
occasion whieh gives rise to it, would unquestion
ably be "more honored in the breach than the ob.
servance," alter such a fashion. There are much
more more sensible and appropriate ways of cele
brating the Anniversary of our National Indepen
dence
Yesterday afternoon an occurrence took place in
the western section of the city, which forcibly de
monstrates the dangerous tendency of the practice
of firing crackers in our public streets. As a light
one-horse wagon, driven by a person from the coun
try, was passing the corner of Schuylkill Fourth
and Market streets, a boy threw a firecracker
into the street, which immediately alarmed the
horse, causing it to dash off towards Fifth street,
at a rate which defied every effort of the driver to
check. At the corner of Filth street the horse
turned northward, and rushed along the footway,
shattering the wagon and throwing the driver vio
lently to the earth. A lady, named Mrs. McClain,
who was passing toward Market street, was knock
ed down, and on being raised by the bystanders,
was ascertained to be in a dying condition. Either
the horse or some part of the wagon had struck
her a blow on the forehead, which had completely
crushed the frontal bone, and shattered part of the
skull. She was immediately conveyed to the Drug
Store of Mr. Simes, on the corner of Filth and Mar
ket, but she was beyond the reach of human ait;,
and died in a lew moments. The unfortunate wo
man was the mother of five or six children, and
had only quitted her home in Jones street, between
Schuylkill Fourth and Fifth, north of Market, a few
minutes before meeting her violent death. The
driver of the wagon escaped without serious injury.
GIFT CELEBRATION OF THE 4TH OF JULY IN PHIL
ADELPHIA.—It will be Been by reference to our ad
vertising columns that Mr. PERHAM, the great ca
terer for the public amusement, has made arran.te
meets for anotnerdistrlbution of gifts, to commence
on the 4th of July and to continue until alt the
Gilts are given out. Mr.:Perham , B success in the
former project in connection with the Panorama of
California has induced him to enlarge the list of
Articles, and to reduce the number and price of
tickets, so as to enable a: more general participa
tion.. Oar friends ationld send in their orders for
tickets itomodiately, and not until they vier
`,ZObeft'zit:t ' - ^)-Yxiii m , : ,
for ^.,ot. 'octlor
Fleas the, Deamostir. Usno. • •
IMPORTANT CORRESPONDENCE
The' following correspondente'L'between - Gov:
LoWe; of Maryland, and Gov. Bigler, of this State,
will excite unusual interest. The public have long
been somewhat familiar with the subject matter of
this controversy. It has undergone discussion by
the press parts of the State, in the coarse of
which, Gov. Bigler'has come in for a full. sherd of
misrepresentation and'abuse„ At one time it was
asserted that he had refused to make a requisition
for Messrs. M'CrearY and .Merrit, the alleged fugi
tives from justice; and then again, that be had
made the requisition, but subsequently withdrew it
st the instance of Gov. Lowe. Indeed, sa vigilant
had become the efforts of a certain class of politi
cal philosophers to misrepresent the action of the
Governor, and so violent the execrations heaped up
on hirn, that an official declaration of his action
became's matter of duty to himself as a public at
firer. At the instance of citizens of Chester coun
ty, therefore, he finally consented to furnish a copy
of the correspondence for publication.
In this, as in the case ca Archibald Ridgely, who
killed the fugitive slave, Smith, at Columbia, in
May, 1852, and as in every other case in which
Governor Bigler's official acts have been assailed, it
will be perceived that he has steadily pursued the
line of duty, and with becoming dignity and firm
ness, maintained the rights of his native State.
It 13 difficult to foresee what will be the final is
sue of ibis unpleasant affair; nor have we time or
apace to-day to enter upon the discussion of 'the.
merits of the. controversy.
The perusal of this correspondence will satisfy
every unprejudiced mind that Gov. Bigler, has done
everything that could be done in reference to this
matter; and we hope'it will be disposed of without
exciting the least unkind feeling between the citi•
zees of the two States:
EXECUTIVE DEPARTMENT,
Annapolis, Md., May 2, 1853.
To His Excellency,
The Governor of Pennsylvania:
Sin :—I have maturely considered the requisi
tion made by your Excellency, for the apprehen
sion and delivery of Thomas M>Creary and John
Merrit, charged' with the crime of kidnapping a
certain Rachel Parker. I must respectfully decline
to comply with it, for the following reasons:
You will perceive by the statement of L. A.
Schoolfield, Esq., (the truth of which has not been,
and I presume will not be controverted,) that Thom
as M'Creary went to Pennsylvania, not as a kid
napper, but for the sole purpose of capturing Rach
el Parker, then supposed to be Eliza Crocus, the
fugitive 'Ave of Mrs. Dickeyhut. It is also certain
that be carried with him the authority or a power
of attorney Imm the owner of the alleged fugitive,
or her :ageni, designing to act under it, in good
faith. It is likewise well known that he captured
Rachel Parker, believing her to be Eliza Crocus.—
Neither can it be denied that he had good reason
for so believing, not only from the •information re
ceived in the neighborhood, but also from the extra
ordinary likeness which exists between Rachel Par
ker and Eliza Crocus, and upon which some of the
most respectable citizens of Baltimore were pre
pared to swear to the fact of identity. From these
premises, the conclusion is irresistibly drawn, that
fhomas M'Creary is not a criminal. The pre
sumption of malicious intent, necessary to consti
tute crime, is absolutely rebutted by the facts of the
case. If guilty at all, under the law, his guilt is
purely technical. He is morally innocent, beyond
the shadow of a doubt. The first question which
arises, therefore, is, would it be just for the laws 01
Pennsylvania to punish a man under such circum
stances? The next question is, can I consent that
a citizen of Maryland shall be exposed to the haz
ard of an unjust prosecution t It is unnecessary
for me to assure you that the people 'and govern
inent of this State hold the crime of kidnapping in
the deepest abhorrence, and that our laws visit it
with the severest punishments. But, that is not
the enquiry here. The question is, whether or not,
being perfectly satisfied of the moral innocence of
the accused, I shall send him into another State,
for trial T It is extremely unpleasant to make any
allusions whatsoever, which may possibly be sup
posed to reflect ungraciously upon any of the citi
zens of another and a fri'ndly State ; nevertheless,
it is my duty to remind your Excellency that vet'
strong and unreasonable prejudices, touching the
subjeci-matter of M'Creary's alleged offence, pre
vaii in the county where he has been indicted, whicl.
would render the result of his trial exceedingly
uncertain. I could hot, therefore, consent to ex
pose him to the risk, unless I felt constrained to do
so by the mandate of the Federal Constitution.—
Without entering into an argument upon this point,
it is sufficient to say, that I consider the case of
M'Creary fully within the scope of that discretion,
in regard to requisitions, which has always been
claimed and exercised by the Executives of the dif
ferent States of the Union. Not only the Govern
ors, but the Courts also, on habeas corpus, have re
peatedly gone behind requisitions, and have exam
ined into and deided upon the merits of the cases
themselves.
I respectfully call your attention to a letter ad
dressed to me by the Hon. James Campbell, late
Attorney General of Pennsylvania, a
,copy of which
is herewith enclosed.. The late Attorney General
exp'ressly states, that, at the trial on the petition for
freedom, filed by Rachel Parker, iu the Circuit
Court for Baltimore county, it was distinctly under
stood and agreed between the counsel for the peti
tioner and the claimant, respectively, that no crim
inal proceedings should be instituted against
M'Creary in Pennsylvania, if the claimant would
abandon the claim, and permit a verdict to be ta
ken in favor of the petitioner ; and that he (the late
Attorney General) would, without any hesitation,
have entered a nolle prosequi on the indictment
lately found against him ( vi , Creary) in Chester co.,
had he the power to do so. From this statement
of the late Attorney General, it must be supposed
that M>Creary was not regarded by the counsel as
morally guilty, if guilty at all. In pursuance of the
arrangement entered into between the counsel, a
verdict in favor of the petioner was rendered by the
jury. It is not for me to inquire how far the State
of Pennsylvania might consider herself bound by
the deliberate act of the counsel appointed by your
Excellency, at the request of the Legislature of
your State. I must regard those counsel, thus ap
pointed, as the representatives of Pennsylvania,
authorized to act in her behalf. I must, conse
quently, assume that Pennsylvania has admitted the
moral innocence of M'Creary; because upon the
opposite hypothesis, I should be driven to the con
clusion (which is wholly inadmissable) that a felony'
had been compounded, in order that the freedom
of Rachael Parker might thereby be secured. It
cannot be doubted that the counsel, on both sides,
acted from the highest and purest motives; and
that, being satisfied of the moral • innocence of
M'Creary, the counsel for Pennsylvania considered
that a prosecution for kidnapping would not only
be unjust to M , Creary,.but might tend very strong.
ly to excite unpleasant feelings between two great
States, which have always cherished, and, I sin
cerely trust, always will continue to cherish the
warmest mutual respect and attachment. Here,
then, by the force of the facts themselves, as well :
as by the admission of Pennsylvania, clearly iinpli
ed from the act of her acknowledged legal repre.
sentatives, I am brought to the certain conclusion
that Thomas M'Creary is an innocent man.
The case of John Merritt rests upon the same
facts and is governed by the same principles. lie
was but the assistant of M'Creary; and of course
should not be held accountable, if M'Creary be de
clared irresponsible.
Under these circumstances, I must decline to
comply with the requisition - of your Excellency.
I have the honor to be, with the highest respect,
your obedient servant,
_
E. LOUIS LOWE.
EXECTITIVZ CHA BMA, /
Harrisburg, May 26, 1853.
To Hie Excellency, E. L 01713 Lowe,
Governor of Mary/and.
Your Excellency's communication of the 2d in
stant informing me that you had declined to issue
a warrant for the arrest and delivery of Thomas
ol'Creary and John Merritt, alleged fugitives from
the justice of this State, came to hand by due course
of mail. An unusual pressure of other official du
ties must plead my apology to your Excellency for
hating so long delayed to acknowledge its receipt.
I have examined with some solicitude and much
care, the reasons thus communicated to me by
your Excellency, for your refusal to comply with
the requisition of the Governor of this State for a
warrant to arrest the said fugitives, and regret that
I should feel required to say, after all this coneid•
eration, that I cannot regard the reasons assigned
an sufficient ; indeed feel constrained by 'a high
sense of official duty to dissent entirely frbn the
'doctrines promulgated by your Excellency,'lonch
ing this unfortunate affair.
Before proceeding to discuss the importatt fea
tures of this unpleasant controversy, it woulcseem
proper that I should at least attempt to rrin ove
from your mind apprehensions, not disgni,ed in
you, communication, that the prosecution if the
fugitives may have proceeded from prejudiqeor un
friendly feeling on the part of certain ciaitne of
Pennsylvania. I can, lam happy to say, se noth
ing in the preliminaries of this case to wa t this
impression. The vindication of the law td the
punishment of crime, I beg to assure you, To the
only objects sought.. The very amicable anon ,
which have long existed between Meryl d and
Pennsylvania should be sufficient, it seem o me,
to relieve your Excellency from apprehen i t s as
to the just intention/is of the authorities of State
There ia Barely' nothing in thrihusto• y of ansyl
vania.to excite distract in the justice other %yap ? .
the ptuitV.Of their administration. Some xcittt
voest very 'naturally grew . out of the taco - tanc.is
et;:-.uebted with this affair ; but I cannot ocaive
it of ilia. 1/3Zeld o supra
many of the law, or endanger the integrity of trial
by jury; and .1 regret exceeditti: ‘ that your Excel
lency should have found it necessary to "Make any
allusions whateverovhich May possibly be supposed
to reflect ungracious: y upon any of the citizens of
another and a friendly State." Excitement and
misdirected feeling may, on special occasions, pre
vail without, bat the sacred portals of justice. in
this orderly Coramonwealth, are seldom if ever in
vaded by popular clamor. rho guilt or innocence
of parties is ever established according to the roles
arid principles of the law. Far be it frog me there.
fore, to recognize the right of your Excellency, un
der the law or rules of comity, to refuse to surren•
der the accused on the allegation that a fair trig
might not be bad by a jury of this State ; nor can I
agree with you that the interest manifested by the
• citizen, of Chester county, in the girls, Elizabeth
and Rachael Parker, whom they knew to have been
carried off from their midst in violation of law,
should be regarded as " a very strong and unrea
sonable prejudice," nor that such a feeling in a
community is to render the ends of justice " ex
ceedingly uncertain."
I shalt not attempt to answer at length the plea
of innocence which you have been pleased to inter
pose for the fugitives, for I must deny its legita
macy entirely. One or two points, however, would
seem to demand a passing notice. You allege that
" Mr. M'Creary went to Pennsylvania, not as a
kidnapper, but for the sole purpose of capturing
Rachael Parker, then supposed to be Eliza Crocus
the fugitive slave of Mrs. Dickeyhut." The answer
to this is, that the laws of Congress prescribe a mode
of reclaiming a fugitive from labor,
and had Mr.
M'Creary respected these forms there would now
be no indictment against him. Had he taken the
alleged Eliza Crocus before an United States Com
missioner, to establish her indentity, as the law re
q sires, the fact would have been developed that
the person whom he was about to carry .off, was
not Eliza Crocus, but Rachael Parker. At best,
therefore, it will be seen that Mr. M'Creary carried
off Rachael Parkerin violation of the law, and your
Excellency will certainly agree with me that be
should bear the consequences.
But this aivhole inquiry into the guilt or innocence
of the accused parties, is unauthorized, and, to my
mind, in clear derogation of the letter and 'spirit of
the Constitution and laws of the United States ; nor
can I agree with you that the "case of Mr. M'Crcary
comes within the scope of that discretion in regard
to requisitions which has always been claimed and
exercised by the Executive of the different States
of the Union." I have also searched in vain for
the cases in which " not only the Gdvernors but the
courts on habeas corpus,
have repeltedly gone be
hind the requisitions and have examined into and
decided upon the merits of the cases themselves."
This examination, so far from bringing me to a
concurrence in your Excellency's views, has con
firmed me in the belief; that there is nothing in the
Constitution of the United States, in the laws of
Congress, or the practice of the Governors of the
respective States, to warrant an Executive in going
behind a correct record, to decide upon the leers.
Every suggestiou which' you have madero defence
of the accused, constitutes subject matter for the
consideration of a Pennsylvania jury when trying
the question of guilt or innocence, and should nut,
I apprehend, have attracted the notice of . the Ex
ecutive of Maryland, when enquiring into the forms
of.the requisitiou.
The Constitution of the United States provide:
" that a person charged in any State with treason,
felony, or other crime, who shall flee from justice
and be found in another State shall on demand of
the Executive authority of the State from which lie
fled, be delivered up to be removed to the State
having jurisdiction of the crime." The law of
Congress declares " that whenever the Excutivc of
any State in the Union shall demand any person as
a fugitive from justice, of the Executive authority
of any State or Territory to which such person ,hall
have fled, and shall moreover, produce 'a copy - Of
the indictment found, or an affidavit made before ;
magistrate of any such State or Territory, charg
ing the person so demanded with having committed
treason, felony or other crime, certified as authen•
tic by the Governor or Chief Magistrate of the State
or Territory from whence the, person so charged
fled, it shall be the duty of the Executive authority
of any State or Territory to cause him or her to be
arrested and secured and delivered to the Execu-
live authority making the demand', or his agent."
In what feature of this plain and mandatory law
.a found the right to go behind the record and try
the case 7 Tke injunction to deliver the fugitive
tinder the prescribed forms of the requisition is pos
itive. If it had been contemplated that the Governor
upon whom the req.tisition'is made should inquire
into the merits of the case, why did
.not Congress
so declare ? M'Creary and Merritt are claimed on
the indictment of a grand jury, the higheht grade
of a prima facia case that can be made out; and
still your Excellency has felt required to go behind
this charge and inquire into the facts of the cas.,
and even into the feelings of the people who migat
be called upon to act as jurors.
Much controversy has been held between the Ex
ecutives of the respective States of the Union, as
to the•meaning of the terms .. other crimes " as
exp d in the constitution and touching the forme
of requisition ; but in no instance that I have been
able to discover before the present, has an Execu•
live claimed the right to go behind an admittedly
correct.recotd and dismiss the accused on the facts
of the case. No objection is made to the form or
substance of the requisition, and the crime charged
according to the language of your Excellency, is
as " odious in Maryland as in Pennsylvania." But
whilst admitting the sufficiency of the requisition
as to form, you assume to infer from an unauthor
ized inquiry into the facts, the innocence of the ac
cused and then ask 6 . if it would be right for the
laws of Pennsylvania to punish a man under such
circumstances " and "if you should giveyour con
sent that a citizen of Maryland should be exposed
to an unjust prosecution." The answer is that the
law must be administered as it is. It is not for an
Executive officer to account for the consequences,
nor is it safe to doubt the justice of the law. The
idoa that i is my duly as an Executive to foreknow
the kind of trial which is to await parties claimed
on the requisition of your Excellency or the Gov
ernor of any other State, is truly startling. Why
Sir, to my mind no Executive should pretend to
understand the facts or the consequences; he should
be content to obey the mandates of the Constitu
tion, confiding the rights and interests of accused
parties to their peers and the laws oftheland . Your
view of the subject, it will be readily seen would
impose upon the'Executive a most onerous and del
icate duty cot contemplated by the act of Congress.
If it be the right of the Executive, upon whom a
requisition is ma, e to go behind the indictment to
notice the facts for the protection of the accused,
it is his duty to do so. If he has the right to do ao
in one case, he is bound to do so in all, a duty at.
terly impracticable and never should be attempted.
Should an Executive be expected to reverse the ac
tion of a grand jury in the absence of all the testi
mony on which the indictment against the accused
may have been found 7 Should an accused party
be tried before arrest 7 Should judgment be ren
dered in the absence of both the prosecutor and ac
cused ? Tho inevitably effect of your Excellency's
position would be to lead to a system thus impracti
cable and dangerous. It, therefore, I were entirely
satisfied of the innocence of the accused, I could
not consent to participate in the establishment of a
precedent so fraught with dangerous consequences
to the peace of the country and the ends ofjustice,
as to acquiesce in the right of an Executive to go
behind the indictment of a jury, and a requisition
in regular form, to decide the merits of the case.
The provisions of the Constitution must have the
paramount effect of a treaty stipulation between
Sovereign and Independent Staten, and are not
only posititive and mandatory in their require
ments, but contain a manifest intimation as to the
jurisdiction of the offence charged. If it had been
intended to vest the slightest discretionary power
in the authority of the State to which the person
may have fled,beyond the right to know the offence
charged is a crime in the State where committed,
then the mandate, that he or she be removed to the
State having jurisdiction would be superfluous. It
the right claimed by your Excellency exists for the
purposes of protection—eveu as to a citizen of the
State to which he has fled, it follows that it also
exists for all the purposes of trial and punishment,
a principle entirely repugnant to the well settled
policy of the criminal law, the jurisdiction as to the
guilt or innocence of the accused being vested ex
clusively in the courts of the State or place whet e
the offence was committed. Norio it necessary to
argue that legislative jurisdiction over this subject
is vested solely and exclusively in Congress.
This point has been clearly maintained by the
Supreme Court of the United States. Under this
view of the case, as settled by the highest tribunal
known to the law, the position contended for 'by .
your Excellency derives no strength from a suppo
sed analogy to the proceedings under a writ of ha
beas corpus, or the duties of a committing magis
trate. In these, I apprehend the proceeding is reg
ulated by the statute of the respective States, or
settled by the practice of the courts, and can only,
in any case, apply to the arrest and detention, un
der the local law—it cannot interfere with the par
amount authority of the Constitution and acts of
Congress. Assuming, for illustration, that your
Excellency had complied with the requisition, and
after the arrest and delivery of the accused to the
agent of Pennsylvania, a writ of habeas corpus had
issued for their liberation, the legality of their de.
tendon could be the only sqbject of inquiry be.
fore the court. If, in the lantuage of the Supreme
Court, already referred to, the act of Congress so
, percedes all Stasis Legislation on the suoject, and
l'by necessary implication prohibits it, how can the,
Executive of a State exercise a power expressly
withheld from the Legislature, upon the most im
portant considerations. Even in the ordinarrprac
dee, under the writ of habeas corpus, I submit,
that
that the only matter properly examinable would
b th ai
a e legality l
o nature r of
thed t e h t e en o t lf w e n n th eI
accusedt would seem
ae
of and the
novel proceeding indeed to go behind the recordof the committing magistrate, and inquire in this
collateral way into the guilt or innocence of the
accused. Be this as it may however, the very posnt
Is settled in N. York and doubtless in othe States.
In the case of Clark, recorded in 9th Mendel,
page 212. The person charged had been arrested
on a requisition to the Executive of New York and
deliverd to the proper authority, and a writ of ha. ,
bens corpus awarded for his liberation, Chief Jug
tice Savage decided thsr.
~;. habeas cor-ns, u court o: judge, before' :
chore. a brot.sz'sst pr:tonaz arrested as a fugitive
fro:. juattee, by irr,rrant from the Executive of
one 4ete ea the requizr.io.e of an Executive --rap-.
1 ;\
other State, under the Constitution and laws of the
United States, will not inquire as to the probable
guilt of the accused. The only inquiry is whether
the warrant on whielthe is arrested states that the
44
fugitive has bee e anded by the Executive of
the State from w e is alleged to have fled and
that a copy of the in ctment or an affidavit charg
ing him with having committed treason, felony or
other, crime certified by the Executive demanding
him as authentic, have been presented."
From this view of the question, it follows then,
that the only proper inquiry by the Executive au
thority of a State upon which a requisition is made,
is the'stricelegality of the proceedings. Your Ex
cel eucy may be understood by your si'ence to con
cede, lat. Thu the _demand of the Executive of
Pennsylvania was in proper form. 2d. That a copy
of the indictment round, accompanied the requisi
tion, and 3d. That the offence with which the par
ties were charged, is a crime in Pennsylvania. If
there has,been a doubt on your mi id as to the lat
ter point, it must be removed by the case just ci
ted, where it is also held, that an offence made in
dictable by a statute, is a crime within the looming
of the Federal Constitution. By statute, the offence
of kidnapping is made indictable in your State as
well as in this, and the crime regarded as odious
in both.
If a State Executive cannot than, under the Co
nstitution and laws, exercise the right of inquiring
into the guilt or innocence of a party charged with
'crime, what is there in public policy or in the char
acteristics of the case under consideration, to sus
tain s uch a dangerous assumption of power. The
right oftrial by jury, the most sacred and time-hon
ored of human institutions is justly regarded asthe
great safe guard of our liberty and prosperity.—
Any other mode of establishing our rights jud.ci
ally must be regarded as a usurpation of power and
dangerous to the integrity of our institutions. Next
to this is the right to be tried by a jury of the vi
cinage which in criminal accusation is a duty es
well as a right. As already intimated if the power
to go behind the record to examine the facts, exist
in a particular sense, it can be exercised in a gen
eral ono. II your Excellency has the right to pass
upon the guilt of M'Creary and Merrit, in order to
avoid the hazard of an unfair and prejudiced trial
in Pennsylvania,
what limit would you assign to
the ezereiseuf this power? Where shall the duties
of the Executive end and those of the jury com
mence Let it he the ordinary case of a fugitive
from justice, without the claims of citizenship, and
no distinction in principle can be drawn, what pro
tection could the ace sed have, if the principle
contended for be the true one If the right exists
at all, it exists for the purposes of trial—and the
inevitable consequences would be, that the accused
might be twice tried and jeoparded for the same
offence, If tried and even acquitted in the State
to which ho had fled, it would be no bar to a sec
ond trial, for the same offence, in the State frp
whence he fled. It is thus apparent, that the,doc
tline or right contended fur is not only a iritual
disregard of the law, but might, in practice, be
uttterly destructive to the rights of the accused.—
The letter of the Constitution certainly gives no
latitude to Executive discretion and if not a neces
sary result front its sPirit or the policy of the law,
then it would follow"that the duty of ad Eiecutive
is a plain one. If satisfied that the forma required
by the Constitution and laws of Congress have
bean complied with, and that the offence charged
is a crime where committed, there can be no other
determination than to deliver up the alleged fugi
tive from justice to the authority lawfully demand
ing him.
The administration of the Constitution and laws
providing for the rendition of fugitives from justice
has been confided to the Executive authority of the_
Slates, and in the absence of a revisory tribunal
some irregularity in practice has necessarily arisen.
With the exception of a few decisions emanating
from individual judges proceedings on liaises corpus
almost the only authorities bearing on the questions
arising out of the subject, are the opinions of :gate
Executives. So far as I have been able to exam
ine them I find them against the position assumed
by your Excellency. These controversies have
had reference mainly to the sufficiency of affida
vits, the forms of requisit.on and the construction
that should be given to the terms " other crimes P ,
as used in the Constitution.
Prior to the act of 1793, Mr. Edmund Randolph,
then Attorney General of the United States, in die
cussing the very point raised by your communica
tion of the ad, says, "In the present instance
grand jury convened before two of the Justices of
the Supreme Court of Pennsylvania have made it
(the charge of guilt) and thus have furnished the
ground for bringing the foregoing person. to for
mal trial. Should such a procedure as this, be de
clared to be incompetent as a charge, the object of
this arttcle in the Constitution must either be de.
tented or be truly oppressive. For, between coin
thetment and trial there is no intermediate exami
nation of tpre facts and to wait for the examination
of an absent culprit, before a demand would com
pel a judgment to be rendered behind his back.
Governor M'Donald, of Georgi, in a communi
cation to Gov. Seward, of New York, in Juno 1841,
when insirting upon the delivery of a fugitive on a
requisition sustained by affidavits only remarks:
44 The object of the Constitution is to secure the
arrest of a criminal in the State to which they may
Hee, to be tried in thy State within whose jurisdic
tion the offimce was committed and not to try them
before arrest in the State where they may be found.
All that the Constitution
,intends is, that when a
person charged kith treasOn, felony or other crime.,
in one State shall escape into another, the office's
of the United or if your Excellency please, of the
State in which hr may be found shall arrest him
upon the name evidence of guilt and no more than
would have justified his arrest in the State‘ whence
hp fled. An indictment ie hiithing more, than an
accusation or charge of crime," and 44 it eanuot be
pretended th'at the evidence on which the Grand
Jury based their charge should be communicated
to enable your Excellency to determine whether their
conclusions were erroneous in law."
That learned gentleman further remarks, "that
no discretion to pass upon its sufficiency was in
tended to be conferred upon the Executive upon
whom the requisition_ is made by the act of Con
gress requiring a copy of the bill of indictment to
accompany the demand in certain cases; arv.l yet
the submission of a copy of the bill of indictment
would "not be an idle ceremony." nor the provis
ions of law directing it "unmeaning and useless,"
for as the bill of indictment is an authority in the
State where it is found to the presiding judge to is
sue his warrant for the apprehension of the accused,
so is an authenticated copy of it authority in the
State to which lie may have fled for a warrant or
order for his arrest there."
In a case before Judge Ray, of South Carolina,
decided in 1844, "where certain persons were
brought before him by habeas corpus, who were
under arrest by order of the Executive of,South
Carolina for the purpose of being delivered to an
agent of the Governor of New York, who had de
manded Ahem as fugitives from justice in that state
bills of indictment having been found against them'
their cischarge was moved for on variois grounds',
but the judge decided that he had no power or au
thority to discharge the prisoners, or in any way
whatever interfere with the mandate of the Execu
tive—that the rendition of fugitives from justice, is
a ministerial duty imposed upon the Executive au
thority, by the Constitution and laws, and that it
must be considered as a case excepted out of the
State Habeas Corpus act by the constitution and
laws of the United States."
As to the plea that an impression was created
or an understanding had between the attorneys in
the • trial for the freedom of Rachel and Elizabeth
Parker, I cannot see that, it can relieve you or my.
self from our obligation to carry out the demands
of the law. In the prosecution against Mtreary, I
cannot doubt that Judge Bell and Judge Campbell,
attorneys on the part of Pennsylvania, as well also
as the attorneys on the part of your Sta:e, did w.sat
they considered to be right under all the circum•
stances. But I can recognize no official connection
between the trial for the freedom of the Parker
girls, and the prosecution against Thomas Mere*.
ry and John Merritt, for an offence against the laws
of this State. Judge Campbell did not appear in
the defence of the Parker Girls, in the capacity of
Attorney General but as one of the attorneys se•
lected by the Governor, under the resolutions of the
Legislature. His powers were the same as those
of his associate, Judge Bell, and no more. But as
Attorney General, under a late law of the State, he
could exercise no greater than an advisory power
over the proceedings. The power to stay .the pro.
secution against the accused, is vested solely in the
Court and District Attorney, of Chester county.--
Had these officials seen in the proceedings in the
case of the Parser Girls, reasons sufficient for en.
tering a mils prouqui, the prosecution would have
terminated. They deemed it to be their duty, how
ever, to send the case to the grand jury, and a
of indictment was found against the accused. On
the presentation of a copy of this indictment I con
ceived it to be my duty, under the law, to make a
requisition on your Excellency for the arrest and
delivery of the accused and I can see no relief for
them, savein a trial by a jury of this State. What
ever facts and circumstances there may be connect
' ed with the trial for the freedom of Rachel Parker,
which should be plead in defence of M'Creary Ind
Merritt, will be subject matter for the considera•
‘ tior: of the court and jury, when inquiring into the
facts of the case.
In conclusion allow me to express my regret that
a difference of opinion should have arisen between
your Excellency and myself on any subject, and to
say that I since ely trust this unpleasant affair may
not, to the slightest extent, disturb the amicable re•
lotions which have so tong existed between the pro.
ple of the two States.
With the highest consideration, .•
I remain your
Excellency's obedient servant,
WASHINGTON, June 17—It is confidently asserted
here, this afternoon, that the Hon. Rolyil J. Walk
er has accepted the' appointment of COrnmissioner
to China
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