Centre Democrat. (Bellefonte, Pa.) 1848-1989, August 29, 1861, Image 3

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    Oe Cento fifMGat.
bellefonte, paT
Thurstf&y^Mom
J. J. BRlalflk, EDITOR "& PUBLISHER.
W. V. BROWN, ASSOCIATE EDITOR.
PEOPLE'S BOUNTY TICKET.
ASSEMBLY.
SAMUEL McWILLIAMS,
OF FERGUSON.
ABSCCI VTE-' JUDGES
VET ER WILSON,
OF GREGG.
\JACOfe "BAKER,
OF HOWARD.
TREASURER,
C. G. RYMAN,
OF MILESBURG.
COMMISSIONER,
THOMAS HUTCHINSON.
OF POTTER.
AJJDITUR,, .
J. 11. McCLURE.
OF BBLLEFONTE.
————M—— a it ■ in mum%
Court Week.
This has been a busy and exciting week
ln'Bellefonte. Our streets have been ihrorg
' efd by crowds ofourtriends from. the coun
try, and Our hotels and business places have
bein a "perfect'jam." On Monday al'ter
'nohn everybody went to bear Judge Lion's
' change to tbe Grand Jury. The Judge de
livered it and every union loving man pres
ent was bignly pleased with the produet : on
and in a few hours afterward it sold readily
in our streets at'fiye" cents a copy. ' On Mon
day night a* Union meeting was held in the
Court House, at which \Vin. 11. Blair pre
sided. Speeches were made by Messrs.
Hale, McAllister,'Brown, Blair and "Stiver.
Resolutions, favorable to "a union county
ticket were adopted On Tuesday Dight
the Democratic Convention assembled and
nominated their county ticket ; their pro
ceedings will be found in another column,—
It wa reported through many parts of dor
county that the much talked of' murder trial
would come off ou Wednesday, and conse
quently the crowd was immense. The trial
however, did not ccme off; But was "postpbn
ed until next Session. On Wednesday even
ing the Republicans held their Convention
and nominated their county ticket. Pro
ceedings in another column. On Thursday
morning the disappointed office seekers of
both parties, left town and consequently our
streets were "elmost deserted. The Grand
Jury was discharged on Thursday.
Our paper is behind time this weefek. t)ae
of our hands has been sifck a* portion of tbe
week, and our subscribers gave "us so" little
encouragement, byway of paying tip, that
we cared but little whether the paper came
out or not. "Our friends" will have to do
with this number.of the paper, like we do
when we ask them for money—wait until
they get it.
Real "War about to . Commence.
No owe can read the accounts of the mas
' terly reform? introduced by "Gen. McC'ellan
in the a'fifiy, the 'fh'erbugh reorgarfizatiiin,
the correction of abuses, the close attention
to the comfort of the individual soldier, with
out feeling that the real war has yet to begin.
'The desperate nature of the enterprise un
dertaken by the rebels obliged them to see
to the efficiency of every bffioer in whose
charge they put their IBCD, we with a sort
of blind confidence, thought we must con
'quer under any circumstances ; at least
such is'the only possible explanation hir the
appointment of many irresponsible hangers
on, to responsible commands.
Now all is changed. Politicians are bum
hied, and military'merit recognized. We
have bad our probation,'end may now ex.
pect our triumph. It must not be forgot
ten, however, that the enemy has thrown
his whole strength into Virginia' and Mis
souri, and that we must collect an army
large enough to ensure victory.
A National Army.
We heartily hail the new movement of
Gen. McClellan in forming a National Army
—not ah army 0 ; mposed of State Regimenin
but an afuiy in feaofa regiment of which eve
ry loyal State may perhaps he repriSenn U
We bail it as a step in advance in every
respect, and more especially as tending to
make us less a Confederation r.'fid more a j
Nation. The founders ol our Government :
did not make 6ur national name indicative
of a federation, hut of a Union, and every
thing that 'ends to make us more Americans
and less citizens of petty' Commonwealths,
is a step in a direction which dire tzperi- j
mce bus shown to be the right one.
Our State Governments were intended for ;
the admiuiotration of local affairs, and such |
purposes the answer, more or less, w.l!.—
But the obnoxious dogma ot superior State
a'lteg'ance strikes at the' vitals of our na
tionality, nd we see with the greatest satis
faction every Step that tends to make us oDe
great nation', rather than "an assemblage of
insignificant nation.
• Judge Linn's Charge.
'We publish, to-day. Hon. Samuel Linn's
• ehorge to the Grand Jury, empanelled at the ;
present term'of cur 3ourt of Quarter Ses- j
sioDs. Thb Judge d'efiofs the law in regard to j
treason in a manner which seta to rest the I
dogma that the freedom of speech and of the |
press entitles editors and citizens to the right J
of assailing the Government, because they
object to its policy when it is seeking to res- ;
tore order in times of public and private j
peril, r Judge Linn understands, thoroughly f
the present condition of affairs, and discuss- '
es them like a patriot ami statesman. Thif
production is worthy of the man who con
ceived it, appropriate to the place in which
it was delivered, and should be read care
fully by every citizen oi Centre County.
The Union Meeting.
Iu accordance to previous notice published
ih all the papers of this place, a Union Meet
ing was held in the Court Room oh Monday
Evening. The meeting was organized by
calling Wm. 11. Blair cf Bellefonfe to pre
| side, after which Daniel Koons, Jno. Tborap
; son, Jacob Struble, Capt. J. B. Mitchell,
Maj. James Armor, Hon. John Ilasson, Jas.
G. Lucas, G. H. Weaver, Eeq., W. "Vanvalin,
Christain Derr, and J. Keller were elected
! Vice Presidents. J. V. 'Foster and M. T.
Milliken, Secretaries.
The meeting being ready for business, the
President stated the object of the meeting by
j reading the call from one of the papers, with
"appropriate remarks. II.N. McAllister mov
"ed for a committee on resolutions, to which
] the chair appointed H. N. McAllister, John
Way. A. O. Furst. Adam Hoy, Wm. Allison,
Jr., Jas. Gordan, Jos. Sehnell, Sr., R. H.
Foster, Austin Brew.
If bile the Committee was engaged in the
cf their duty, Hon. J. T. Hale,
"was, on motion, called on to address the
J meeting. It is not necessary that we enter
| into any details as to the import of the speak
i ers address further than to say that, as usual,
he took a decided stand in support of the
; Guvi rhment, and the vigorous prosecution of
; the war against the rebels and enemies of
j our common country and the Union. The
Committee on resolutions having returned
in the meantime read a series of resolutions
.•which were subsequently, unanimously adop
j ted. 11. A. McAllister, as Chairman of the
; Committee on resolutions, supported the
same in one of those speeches peculiar to that
j gentleman. lie spoke with vigor, with a
; feeling of determination on his part to crush
j the rebellion at once, and took particular
; pains that men occupying prominent posi
j tions before the public, and whose every act
j and sympathy was in the interest of the se
i oeders, should be made known to the friends
i of the'Unioo.
| Judge Li an was colled on to speak, hut
1 that gentleman thinking the hour sufficiently
lute already declined to s .-.. king further sen
j tiraents than ere esed by the former
| speakers, and endorsed tr. isolations heart
i a J'
Col. Brown and Capt. Stover'ahio'made
short speeches owirg to the lateness of the
hour.
The" following resMunnns were adopted :
Is . Resolved that the present deplorable
j civil wsr has been foiced upon the country
, by the disuniouists of the Southern States,
now in arms against the Constitutional Gov
ernment, and iu arms arour.d the capital ;
that in this national emergency, banishing
all feelings of mere passion or resentment,
we wouid recollect only or duty to the
whole country, that this nor is not waged
on bar part in any up -i • t pression or
for any purpose of civ quest or subjugation
or purpose of ovcrthn - "g or interfering
with the rights or to tab lis bed institutions of
those States, hut to maiu'ain the supremacy
,'cfThe Constitution, end to f.r-:-erve the
all the dignity, equality and
rights of the several S: - ui:: ..paired ; and
thai as soon as these object* are accomplish
ed the \?ar ought to cease.
2nd. Kisdhed, (bat it is the duty of all
good citizens to select for offices of trust and
profit, without regard to their former party
connection, such men as will co-operate with
the gov.roment in the vigorous prosecution
of the W AR, in the successful issue of which
i rests our hope for the integ ity of the Union
and the restoration of an honorable peace.
3rd llesolvcd, that a Committee be appoint
ed to Confer'with the delegates of the Dem
ocratic and Republican conventions to so
, cure, if possible, the nomination bf a ; Union
Ticket worth 'of the support of every uncon
ditional Union nian.
A Committee was appointed to confer with
the two party Conventions on the expedienby
of a Union County ticket. The following is
that Committee:—
Dr. J. M. McCoy, Bart Galbraith; R. 11.
Foster, It. 11. Duncan, S. Ilaupt, 1 Jr., "E. C.
Humes, James 11. Mann, Constance Curtin.
The mcetiong then adjourned.
The Presidents Proclamation.
Prei-idt nt Lit coin's proclamation, forbiding*
c. inmercial intercourse with the rebel states,
and declaring the forfeiture of'nil property
which is attempted to be passed, and nf all
vessels belonging to rebel owners, is a vigors
ous and timely exertion cf executive author
ity. It id a strong evidence that the' Pres
ident feels the necessity ot acting with tbe
utmost energy and'decision. trust that
the officers on whom the President relies to
i enforce-the non-intercourse commanded in
1 the proclamation, will prove, by iheir vigi-
J lance, activity and determination, that they
j are fit for their places, And it is further to
be hoped that no more property Such as the
President denounces will be chartered or
purchased by the officers cf the government
as has been done for some time past here
against the earnest protest of loyal citizens.
Secretary Cameron and Cabinet.
Mr."Cameron's labors in the cabinet are
incessant. His duties are continual, and in
clude a greater number of imoortaDt details
than those of any other member of the cabi
net. The attacks upon bitn hy cer'aio
thoughtless or malevolent journals are best
refuted "by bis own action. I'o him' the
country is largely indebted for tbe reorgani
zation of ihe > |- rr.y. 'h re is qo* probability
of his dismie-'i from : :on in which he j
is so valuable ; and, h- -d, notwithstanding I
the clamors of a f are cress, no changes j
will be made in the 0.~.S : at' present.
PROVISIONS FOR GEN. F 0 VNORANZ'S Afrar
—We are conducting a large wor in Western
Virginia, and the extent of our military op
erations iriay be easily estimated when it is
stated that from fifty to neve' • five tens of
provisions are shitped duiiy fntn Cincinnati
to the r.r,ny in Virginia. A week or two j
6incethe amount was fbur hundred and fifty
tons, and in rhreo days of one"week about,
two hundred tins were sent.
Senator, Landnn, who was p'resbnt at i
the reception and speei-' i- 'Diek- !
luson, in Tuhkhann mn le 'speech, ,
wbifch among other - tv - ,ne in
reply to Some come - the orb'id
who cried out: Ti. .' s Blessed is
the peace maker," u i quick thought the
speaker replied, it say* too, " r.-si-t the Devil
and he will flee from you," which brought
down 1 the crowd.
DEIMOCRAT.
Excitement in Connecticut.
BRIDGEPORT, August 24.
A secession flag, under the name of 'peace,'
was hoisted at Stepney ten miles north of
Bridgeport, Conn., this afternoon at 2 o'clock
According to previous announcement a
meeting was to have been addressed by
Schnable, a broken down politician from
Pennsylvania; also by ex-'Postmaster Good*
sell, of Bridgeport, and one Belien, a sixth
rate lawyer front Newtown, Conn ; but be<-
fore one of tbese secessionists bad time to
open bis mouth a procession of cairiagcs ap
peared, containing one hundred ot tb6 first
i citizens of Bridgeport, and twenty.five of the
returned volunteers. In less than forty sec
onds the secession flag was trailing in the
dust, aud in twentyeeeonds more it was torn
;in five hundred pieces. Several pitols and
| one gun were taken from the secessionists,
; who drew but dared not fire them.
| A Union meeting was then organized, of
; which Elias Howe, Jr., was appointed pres
ident, and P, T. Barnum, secretary. S.jmo
glorious Union resolutions, denouncing peace
"secession meetings, were passed.
The volunteers-are determined to sack the
Farmer ofHee at Bridgeport to-night, but our
citizens are endeavoring to have them wait
the action of the proper authorities.
8} o'clock P M.
The secession Farmer ofiicß ha 9 just been
i gutted by the volunteers, in presence of 3,000
; to 5,000 citizens. Thewibdjws were
, ed, the type all thrown into the streets, and
the presses destroyed.
BRIDGEPORT, August 25.
In cleaning out of the Farmer and Adviii
j ser office last night,-a United States mail bag
was found filled with papers addressed to
| leading secessionists in Alabamy, Georgia,
and other Southern States, also some two
burdred wooden billies, turned and furnish
ed with strings for the rials. These clubs
were made from shovel bandies, and were
probably furnished by a secession shovel
1 manufacturer in Bridgeport. Some curious
letters were also discovered, exposing the
| treason of politicians in Ilartford and else
j where. One of the editors of the Farmer has
gone to New Ilaven, threatening to issue his
paper from the Register office tc-motrow.
Grand Jury's Presentment of the
Democratic Watchman.
To the Honorable, the Judy a of the Court of Sa
ul onu of the peace in and for the CouiUy of Cen
tre.
AUGUST SESSIOS, A. D., IS6I.
' CENTRE COUNTY, SS :
The Grand Inquest of
| the Commonwealth of Pennsylvania inquiring in
! and for the County of Centre, upon their respeo
-1 tive oaths and affirmations, do present the follow
i ing facts to the Court:
There is a certain newspaper, the Democratic
Watchman, edited by Cyrus T. Alexander and P.
I G. Week, of this county, which is in the practice
: of encouraging the rebels now in arm? against the
i -Government, by expressing sympathy and agree
! merit with them, the duty of exceeding to "their
| demands, and dissatisfaction with the employ
| ment of force to overcome them. Said newspaper
; is published in the Borough of Bellefontc; in this
j county.
i The Grand Jury do not deem it necessary tin
der the instruction of the Court to go into a long
recital of facts, said publication being well known
to 'this community, but in accordance with the
dictates of conscience and the duty they owe to
their country, they beg letp'o, respectfully, to
make this presentment.
Attempt to take Gov. Thomas
Prisoner.
GRAFTON, Va., August 2*l.
Last evening/while Governor Thomas was
addressing a crowd in front cf a hofcl at
Cumberland, some secessionist ra'sed a dis
turbance which resulted in their being driven
home, and the destruction of the Alleghanian
office; a secession newspaper. This morning
the train bound west,,which had Gov. Thomas
aboard, wheu about eight miles this side of
Cumberland, came suddenly on several cross
ties thrown across the track, and at the same
time a number of armed men were seen rap
idly descending a neighboring hiii. The en
gineer increased the speed of the locomo
tive, and succeeded in throwing the ties off
the trackwitb but little damage to the en
gine. Some federal scouts then fired into
the train, it is supposed by mistake, but
without doing any daraare. The design sf
the secessionists was' to take Gov. Thomas
prisoner.
: LATER FROM FORTRESS MONROE
HAII INO Of' THE EXPEDITION.
Brilliant Achievement Expected.
• FORTR- S MONROE, Aug- 27.
The much talked of expedition from Old
Point has tailed under comm'and of General
Culler. "It consisted of the frigates Minne
sota and Wabash, sloop of war Pawnee, gun
b n's Jl'tbticßlio and Harriet L'ali , steam
ers Adelaide and George Peabody, propellors
Fanny arid Adriatic, with a large number of
schooners, barges, etc. The Quaker City
will fellow'in a few hours. The vessels car
ry over 100 guns and about 4,000 men.—
Several powerful gun-boats remain at Old
Point or.d Newport News. A brilliant
achievement is expected from Gen. Butler |
and Commander StHfighaui. Cols. Max" !
Weper and Hawkens take pari in the expe- i
dition.
A Calm in Washington.
WASHINGTON August 27.
There is a perfect dearth of news to day ;
everything seems quiet upon the surface;
there are no sensation rumors afloat, DO gos
sip worth noting, or no facts to record; on
the streets are the customary throng at" the
War Department, tho irsual audience in the :
aisles, and a larger portion' cl officers than [
we have noted before. OD tho door of the ;
Secretary's office is a notice, "no visitors
received until oue P. M." The tall form of
old ABE, and the epaulets of General Mc-
ClellaD, seen slipping in past the notice
would soem to indicate that the work was
being arranged, and the calm we now feel is ,
but the lull that precedes a storm," the
crouching ot the tigress before she leaps. 1
JUDGE LINN'S CHARGE
TO THE
Grand Jury, August Term, 1861.
GENTLEMLEN OF TUB GRAND JURY:
We eater upon the discharge of our official
duties to-day under very solemu and impres
sive ciri umstances. Sinco the last term of
this'court, events have occufred in the histo
ry of our Natioaal Government of the most
serious and startling character. I need not
refer to'these events iD detail as they form
a conspicuous part of the history of the re
bellion against which this nation is now
struggling, with which every intelligent cit
izen is presumed to be familiar. WQ have
fallen upoo strange times and are txperien
; oing a national trial, which would eeem noi
to have been apprehended by the fathers
of this Confederacy. In that
admirable Constitution by which the Union
and the compact cf these States were formed
and under which, uutil recently, remained
linked together by a strong and peaceful
bond of union, there are no provissions which
, contemplate either an amicable separation
I or an attempt on tbe part of any one or more
of the States to forcibly withdraw from the
Union, and, consequently, those public func
tionaries whose duty it is to provide for the
public safety and protection have been oc
casionally embarrassed by constitutional
resirictious, apparent or real, or want of
constitutional authority to meet fully and
promptly the exigencies of the times.
Whpn we consider the magnitude of the
| rebellion, the years which have been occu
-1 pied in diligent and systematic preparation
lor this attempt to overthrow the government
! —the number and.the character of the indi
viduals concerned in it—tho object ami pur
poses which, as we have reason to believe,
have long been secretly meditated and are
now being openly and defiantly avowed
—the acts which they have already done in
furtherance of their plans, and the further
Outrages and atrocities which they wonld
seem to have in immediate contemplation,
we cannot but consider it the most alarming
event that has ever occurred in our history.
Tnere is enough in this to fill the stoutest
heart wicb dismay aud terror.
When our country is in the midst of such
perils, every citizen has duties which fl-nv
from the allegiance that he owes to the gov
ernment and which as a Loyal freeman he is
1 ound to perform. The sum of those duties
is that be shall do ali that in him lies to aid
in protecting and defending theexistence and
the honor of the nation. This is a demand
to which a patriot is always ready to
yield a cheerful obedience. Next to his
Maker, he acknowledges that his country
has the highest claims upon him.
We as a constituent branch of the "State
Government have duties devolving upon us,
which relate to tbe present condition of af
fairs—duties which we should pprforrn,
promptly, faithfully, ai d without fear, favor
or afi'ectiou, but we should at the same time
give to them a temperate and impartial con
sideration. Gf these I shall come presently
to speak.
1 am compelled, though with deep regret,
to believe that ther is not at the present
time amongst the inhabitants of the loyal
States, an entirely unanimous and hearty
co-operation with tbe national government
iD the attempt now making to suppress the
rebellion, nay, more, I am credibly informed
that tbeTe are amongst us not only persons
who secretly sympathize with the re
hellion, hut those also who boldly and pub
licly avow sentiments which are in opposi
tion to the authority of the government:—
Such persons, whilst they merit the con
tempt of the people of this, and every other
civilized nation on earth, and are bringing
di.-grace upon themselves and their posterity,
should nevertheless receive the punishment
which the law assigns to them.
'This leads us to consider aDd define the
offences which may be committed directly
r.gains. the government. Although some of
| these belong to the exclusive jurisdiction of
| the federal c..urts; it may not be out of place
' to Dotioe them here in order that you and the
i eople of the country who happen to be pres
! ent may be made to understand something of
| the nature and extent of the obligations
which they owe as citizens. The present
i generation of Americans know but little ex
| perimentnlly of a sta e of war, and it there
; fore should not surprise us that their ntteo
■ tion has never been patticulhrly directed to
| the duties'which at such a time hre incident
! to the relation that exists between a govern-
I ment and its citizens or subjects. I am
| therefore lead to take a charitable view of the
■ conduct of those who may have seemed to
forget or depart 'r-. m their allegiance and to
i attribute most, if not all. such cases of delin
-1 quoncy, not so much to a disposition openly
to violate the law or oppose the known au
j tbority of the government, ns to entire igno
rance of tbo law's demands ar.d of the na'ure
j and design of the rebellion. I am led to_
j more than suspect that artful and "wicked
■ men are making it their business to deceive
; the people hv h idir.g th.m into th 3 errone
ous belief that the war is waged for the su
premacy ot a party, instead of being a strug
gle purely for the life of the nation. True,
I that kind of lcvalty, is not very praiseworthy
or reliable which is not the spontaneous out
go'ng of a patriotic heart, but tieedN the un
wilding last of penal sanction to keep it in
shape. Still it is better 'hen open rebellion.
The ofiences which directly tiff cr or are
injurious to the government are Treason.
Misprison of treason, and certain positive
I misprison or contempt of its authority or
I supremacy.
By the law of England there were various
J acts defied by statute which world render
j the perpetrate guilcy of treason, bu' by our
j National Constitution it is directed that trea-
I sun against the Uaited States shall consist
; only in levying war against thera or in adhe-
I ring to thei r enemies, giving them aid and
comfort. That 'he inhabitants of those
! States of this Union which Save assumed to
to withdraw therefrom, at.d form a new and
independent government, have levied war
! upon the United states'within the meaning
j of the Constitution will not admit of acoubt.
; Giving and omfort to such persons, by such
' overt acts as giving them intelligence, send
j ing them provisions, furnishing them with
supplies, or arms, or the like, would be trea
sou, and would render the offender liable to'
punish of death.
' Misprision of Treason, is the concealment
• cf treason, by giving merely passiye, for any
; assistance given to the traitor makes the par
ity a principal as there are no accessores in
j treason. This misprision is of a negative
character, but, as has already been stated,
them are other misprisions affecting the
government of a positive nature, which we
ehali notice hereafter.
Treason may be committed against either
against the government of a State, or of the
United States. When the offence is against
the sovereign authority of a single State, it
falls' within the jurisdiction of the courts of
the" State wherein i: r-is committed, but
where, es in the present instance, war is
waged agarnst the federal government, the
federal courts have exclusive jurisdiction—
This court cannot, therefore, take cognizance
of any aot of treasoD, or misprision of treason
growing out of this rebellion inasmuch as the
war levied by the confederate States, as they
are called, is against the general government
and not against the State of Pennsylvania.
But, as has already been intimated, there
are misprisions of a positive nature, some of
which are grave misdemeanors, and may,
like treason or misprision of treason, be of
fences against State or federal authority as
the case may be. I have heretofore neglect
ed to explain to you that the term "mispris
ion" is of French derivation, and means in
legal parlance contempt or neglect. Thus,
' misprision of treason, consists in the neglect
to give information ot the commission of an
act of treason and is what. j s termed a nega
i tive misprision.
The positive misprisions which concern
our present inquiry and of which we shall
; now proceed to speak, are stioh as involve an
; attempt to weaken the strong arm of civil
power, or a contempt of lawful authority.—
j Thus, for example, to dissuade a witness from
1 giving evidence, or from obeying the process
; of subpoena, to persuade or assist a prisoner
| in custody to escape; to refuse obedience to
: the call of a police officer for assistance to
quell a riot or apprehend an offender or en
i deavor to pursuade others to disobey such
; call, ajo all misdemeanors of this sort, based
upon the principle that it is unlawful to of
, fer resistance to lawfully constituted author
j ity. It is safe to assert as a general princi
i pie, that any wilful attempt to resist the au
-1 thority of the government, or to preveut or
; hinder the success of its plans or designs in
i the prosecution of a war offensive or defen
sive, or to induce or pursuade othets to do
: the like, is unlawful and punishable as a
high misdemeanor. Now "apply this general
principle to the present condition of our na
tional affairs. A state cf war actually ex
ists. The President of the' United Stat6s by*
' virtue of the power reposed in him, has is
j sued hie proclamation calling upon the Gov
ernors of the several States to furnish their
quota of troops for the organization of a mil
itary force sufficient to protect the govern
ment and suppress a formidable rebellion.—
The G tvernment of Pennsylvania in response
to this demand has issued a proclamation
calling upon all able-b died citizens within
, the Commonwealth, subject to military'duty,
, to form themselves into military companies,
1 and regiments, to be called and mustered
into the public service. Now it must be
j perfectly apparent to the most ordinary un
derstanding that any attempt to prevent the
carrying out of the design would be a gross
ir.sult to the g' vernmant and a daring con
tempt of the author ty vested in it imd there
; fore a high misdemeanor. For if the designs
, and plans of the gi vernment can with impu
nity be thwarted and rendered abortive, then
all our high sounding theories respecting the
! supremacy of the government, and allegiance
j and sovereignty ore but beautiful figments
i.f the imagination. Such toleration could
I spring from no principle other than would
; assert that the citizen is only hound by his
allegiance to the government so long as its
measures may be in acoordar co *vi h h : i own
views, and is obliged to obey only such laws
j as meet his entire approval.
Suppose a riot to occur in one Of our streets.
I It is'the duty of the officers bf the law to
suppress it, and it is the duty ofall good citi
z ns to aid and assist, for without such regu
lation the public peace could n>t be main
! taiaed. and we would constantly be in the
midst of disgraceful scenes of tumult and dis
order. Now, suppose that on such an occa
! sion some irdivivual would take it upon him
: self to assembled multitude, denouncing the
riot act and the administration under which
it was parsed, and assailing and conderning
! the political views of the officers who are en
: deavoring to preserve the peace, and adyis
■ ing and persuading the bystanders to with
i hold any assistance for these or nnv simila r
J reasons. How should a court and jury deal
| with such an offend.'f? The -question need
I only be asked. And is not that man a thou*
| sand times more culpable who, by words or
| actions, persuasions or threats, would attempt
j to prevent or persuade our citizens from re
rsponding to tie call of the cheif magistrate
J of the nation for aid to nut down a rebellion
i that aims at the total sul)vers : on and over
throw of f he-government ?
There is great misapprehension abroad on
this subject. Many persons erroneously sup
pose, that so long as individuals will refrain
from an overt act of treason, they may speak
and act as they please against the govern
mont, with perfect impunity. It is time
that such dangerous misapprehensions shou'd
be corrected, and in our remarks on this oc
easion wo are doing what we ean to accom
plish that purpose. There are other offences
beside treason and misprision] of treason
•which effect the government and its claims
alLgiance. as has been already explained.—
' The late Judge Ivane in his charge to the
grand jury delivered in the District Court of
the United States a few years ago, in refer
ring to the case of United States v. Han
j way, a case which produced no little excire
j meet, uses the following language:
" There lr.is been. Blear, an erroneous im
pression on this subject among a portion ol
our people. 'lf it has been thought safe to
' c-'uusel and instiga'e others to acts of forci
ble oppugnatiun to the provisions of a stat
ue— to inflame the min is of the ignorant bv
appeals to possum and denunciations of the
law so oppressive unjust-, revolting to the con
science and not binding on the actions "of
men—to present the constitirion of the land
as a com; act of iniquity, which it were mer
itorious t > viola e or subvert, the mistake
I has been a previous one ; and they who have
fallen into it mav rejoice if perndventure
their appeals and their counsils have been
hitherto without effect. He whose conscience
t r whose theories of political r individual
right forbid him to support and maintain i'
in its fullest integrity, may relieve himself
from the duties ot citizenship by devesting
himself of its rights; but tvhile he remains
within our borders, he is to remember that
; successfully to instigate treason is to commit
I it."
The views that we have just expressed, do
not, in our opinion, conflict in the least, wi'h
toe freedom of speech or of the press. By
the constitution uf the United States Con
gress is forbidden to make nnv law abridg
ing the Ireodoin of speech of the press and
the Ot.cs'itution of this state provides that
the prin'ing presses shal 1 be free to every
person who undertakes to ex inline the pro
ceedings of the legislature or any branch of
the government ; and no law shall ever be
made to restrain the right tnereof. The
free communication of thought and opinions
is ore of the valuable rights 'of j man ; and
every citizen may fully speak, write and
print on any subject being responsible for
the abuse of that liberty. What are we to
understand from the words " freedom of
speech ur of the press" as used in the Con
stitution ? The framers of that instrument,
evidently recognized it as a well defined, pre
existing right, or thfj declare that it shall
not be abridged. Certainly men of learning
and experience, would not in so important a
paper,' forbid the abridgement cf a right
which was without any certain measure or
'extent; for it would involve one of the most
cherished rights of the citizen in a maze of
confusion and obscurity. At the time of ihe
adoption of the constitution, in 1787, when
the freedom cifthe press was spoken cf, the
people understood exactly what it meant—its
boundaries were well marked, and have con
tinued so to this day.
Justice Blackstone in his Ci_mmentari es
vol. 4, p. 156, says, 4 * Where blaspheme
" ous, immoral, treasonable, schismatical,
" seditous, or scandalous libels arc pun
" ished the liberty of the press, properly
" understood, is by no means infringed or
" violated. The liberty of the press is
" indeed essential to a' free State; but
•' this consist in laying no previous re
"straints upon publications', and not in
'• freedom from censure for criminal mat
" ter when published. Every freemen
14 has an undoubted right to lay what sen-
M-timvnts h e pleases before the public ;to
" forbid this is to destroy the freedom of
" the press ; but if he publish what is itn -
" proper, mischievous or illegal, he must
" take the consequences (if his own timer
" ity. To subject the press to the re
" strictive power of a license, as was
" formally done, is to subject all freedom
"of sentiment to the prejudices of one
•• man. and make him the arbitrary and
"infallible judge of all controverted points
" in learning, religion and government.—
" But to punish any dangerous or offen
" sive writings, which when, published,
" shall, on a fair and impartial trial be
"adjudged of a pernicious tendency, is
c ' necessary for the preservation of peace
" and good order, of government and re
!l ligion, the only, solid foundations of
" civil liberty. Thus the will of individ
" uals is still left free ; the abuse only of
" that free will is the object of legal pun
" ishment. Neither is any restraint here
"by laid upon freedom of thought or in
'' quiry ; liberty of private sentiment is
'• still left: the disseminating or making
"public of bad sentiments destructive to
"the ends of society, is the crime which
" society corrects. A man may be allowed
"to keep poisons in his closet, but not
" publicly to vend them as cordials, and
" the only plausible argument heretofore
" used for restraining the just freedom of
" the pros- 1 , that it was necessary to pre
" vent the daily abuse of it, wili entirely
" loose its force, when it is shown (by a
"seasonable execution of the laws) that
" the press cannot be abused to any bad
" purpose, without incurring a suitable
"punishment; whereas it never can be
" used to any good one, when under the
" control of an inspector. So true will it
" be found that to censure the licentious,
" is to maintain the liberty of the press."
Judge ADDISON, in a charge delivered to
the grand juries of the sth judicial District
of Pennsylvania, in 1798, makes use of the
following language • " Freedom of the press
consists in this, that any man inay, without
the consent of any other, print any hook or
wiiting whatever, being in this as in ail
other freedom of action liable to punishment
if he injure an individual or the pub ic.—
Such is the liberty of the press which the
people bf the Unitcd v S'ates of America, for
its greater security, have made part of their
fundamental law. In their State constitu
tions, they provide that legislatures
should not make any Ijw restraining the lib
erty of the press, that is, should lay no pre•
vious restraints on the press ; or, as the
Pennsylvania Constitution expresses it,-that
• every citizen may freely speak, write and
print on any subject being responsible for
the abuse of that liberty .' The same princi
ple was afterwards adopted into the federal
Constitution, and the scctiou established it
there is to be construed in the same manner.
So that the liberty of the press is precisely
as stated by Justice BLAGKSTONE, it being
free from all previous restraint, bat, as all
other rights or liberi ies aie, subject to correc
tion for its abuse.''
On this subject I shall refer to but one
nrore au horily witch may serve to mark
out the distinction between those publica
tions respecting the government, which are
■unauthorized and unlawful. The case of
the Commonwealth vs Dennie, reported in
4th Yeats 267, was an indictment for libel
tried in the Supreme Court of Pennsylvania
in 1805. I quote here so much of the opin
ion of the Court iu that case as is applica
ble :
The legislative acts, or of any branch of
the government are open to the public dis
cussion, and every citizen may freely speak,
write or print on any subject, but is amend
able for the abase of that privilege. No al
teration is made in the law as to private
men affected by injurious publications, un
les? the discussion be proper for public in
formation. ■lt is no infraction of law to
publish temperate investigations of the na ■
ture and forms of government. The en
lightened advocates of revresentirc republi
can governments pride themselves in the
reflection, that the more deeply their system
is examined, the more fully will the judge
ments of honest men be satisfied that it is
the most conducive to the safety and happi
ness of a free people. But there is a mark
ed and evident distinction between such
publications and those which are plainly
accompanied with a criminal intent, deliber
ately designed to loosen the social bonds of
union totally to unhinge the minds of the
citizens, and to produce popular discontent
wiih the exercise of power by the constitu
ted authorities. Such writings are subver
sive of all order and got eminent. Thedib
erty of the press consists in publishing the
truth from good motives and for justifiable
ends, though it reflects on governments and
magitrates, CrooswelPs Trial, pp. 73, 64.
"Such publications add to the common stock
of freedom, while the latter insidiously in
foct the public mind with a subtle poison,
and produce the most mischievous and
alarming consequences, by their tendency to
anarchy,-sedition and civil war. Such con
duct is punishable by the Constitution. It
may be difficult to draw the line of demar
cation in every instance, but the jury are to
judge for themselves on the plain import of
■every word without any forced or strained,
construction of the meaning of the author or
editor, rnd determine on the correctness of
the innuendoes. To every word they will
assign its sense, and collect the true inten
tion from the context."
It is evident from these quotations, which
are from highly respectable authority and
should be accepted as a sound interpretation
of the law, that the government by holding
its citizens criminally responsible for every
wilful design to interfere with its authority
or its plans, in no respect infringes upd:i
any personal right. Much excitement pre
vails in many parts of the country because
; of the apparent sympathy manifested by
! certain newspapers and public journals with
the rebels, and in some places printing press
es and the contents of printing offices have
been destroyed by a resort to violence and
mob rule. This is much to be deplored on
account of the encouragement it affords to
that spirit of riot and insubordination which
is exceedingly dangerous in its tendencies
and never can be justified on any pretext
whatever. Such proceedings deserve the
condemnation of all good citizens, and we
trust there may be no repetition of them in
future. It is sincerely to be hoped that
those who have control of the public press,
will conduct it so prudently as not to excite
j angry feelings at a time when the public
mind is extremely sensitive to every appa
rent expression of disloyalty or indignity to
the government—and, moreover, that if
there should bo any abuses of the liberty of
the press, resort will be had to- legal au
thority, and not to the power of an excited*
mob. There is no necessity for a resort to
violence • the government has ample power
to correct such evils, and in such times as
these has never scrupled to exert it when
occasion icquired. The right of self preser
vation by all the means within reach in times
of imminent peril, belongs to the government
as fully as to au individual, and it is a great
mistake to suppose that in time of war a
government may not remove every obstacle
which tends to embarrass or hinder the suc
cess of its military defences, or to weaken its
power moral-or physical. Neglect or hesi
tation on the part of those who administer
the government to resort to such measures,
whenever exigencies arise that in their opin
ion require it, would expose them" to the
just indignation of their constituents, and
would prove them to be unworthy of their
high trust. During the revolution, au Act
was passed in this State, on the 11th Feb.
1779, the 4th section wboreof is in these
words : "If any person or persons within
this State shall attempt to convey intelli
gence to the enemies of this State, or the
Lnited States of America, or by publicity or
deliberately speaking or writing against our
public defence, or shall maliciously and ad
visedly endevor to excite the people to resist
the government of this Commonwealth, or
persude thern to returmto dependence upon
ihc crown of Great Britain, or shall malic
iously and advisedly terrify or discourage
' the people from enlisting in the service of
the Commonwealth, or -shall stir up, excite
or raise tumults, disorders or insurrections
in the States, or dispose them to favor the
enemy, or oppose and endeavor to prevent
the measures carrying on in support of the
freedom and independence of the said Unit
ed States ; every such person being thereof
legally convicted by the evidence of two or
more credible witnesses, in any "Court of
General Quarter Sessions, shall be adjudged
guilty of misprison of Treason, and shall
• suffer imprisonment daring the present war,
and forfeit to the Commonwealth one half of
his or her lands and tenements, goods and
chatties."
This act having been passed for a tempo
| rary purpose, expired by its own limitation
■ at the close of the war.
We noticed that several newspapers pilb
! fished in New York and elsewhere, which
, have rendered themselves obnoxiovs to the
people because of their alleged secession
; pioclivities, have been brought to the notico
of our proper courts, and we may therefore
. expect before long, we shall be favored with
an opinion on this subject from the Circuit
Court of the Uuited States. And the news
papers report that the press, type and fix
tures of a printing office in Philadelphia,
which was alleged to be advocating the right
of secession was seized by the Mashall of
the Eastern District a day or two ago.—
This looks as though the government had
determined to trifle no longer with those who
disregard its rights or bid defiance to its au
thority. We should rejoice at every indica
: tion of vigor and strength in our government
■proceedings from a prudent exercise of its
power in the suppression of the rebellion
and of anything that aflords it aid.
We have hitherto been speaking of a class
of offences which lie beyond our jurisdic
tion. Each Slate possesses the right, how
ever, to pass laws regulating the conduct of
its own citizens. The Legislature of Penn
sylvania, at its last regular session, passed
an.act to which it is our duty to direct your
attention. The first section provides " that
if any person or persons belonging to or
residing within this State, and under the
protection of its laws, shall take a commis
sion (Tr commissions from any person, State
or States, or other the enemies of this State,
\ or of the United states of America, or shall
i levy war against this State or Government
or knowingly or willingly shall aid or assist
any enemies in open war against this State
or the United States, by-joining their armies
•or by enlisting, or procuring, or persuading
others to enlist for that purpose, or by fur
nishing such enemies with arms or atnuni
tion. or any other articles for their aid and
comfort", or by carrying on a traitorous cor
respondence with them, or shall form, or be
in-anywise concerned iu forming any plot or
conspiracy or comnination for betraying this
State or the United States of America into
the hands or power of any foreign enemy,
or any organized or pretended government
engaged in 'resisting the laws of the United
Stales, or shall give or send-any intelligence
to the enemies of this State or of the United
States of America, or shall, with intent to
oppose, prevent or subvert the government
of this State or the United States, endeavoT
to persuade any person or persons from en
tering the service of this State or the United
States, or from: joining any-volunteer com
pany or association of this State about being
mustered into service, or shall use any
threats or persuasions or offer any bribe, or
hold out any hope of rewaid, witti like intent
to induce any person or persons to abandon
said service, or withdraw from ary volunteer
company or association alroafdy -organized
under the laws of this Commonwealth, for
that purpose ; every person so offending and
being legally convicted thereof, shall be
guilty of a high misdemeanor, and shall be
sentenced to undergo solitary imprisonment
in the penitentiary, at hard labor, forja term
not exceeding ten years, and 'fined in a sum
not exceeding five thousand dollars, or both,
at. the discretion of the court: Provided,
that this act shall net prohibit any citizen
from taking or receiving civil commissions
1 for the acknowledgment of : deeds and other
instruments of writing."
This law is free from obscurity and its
meaning and intention cannot be misunder
stood. We have brought it to your notice
so that if any bf you know of any of the
offences therein mentioned having been com
mitted within this eountv, the offender may
be dealt with as the law directs. If any of
vou know of the commission of such offence,
it will be yotir duty to make it known to
your follows so that the matter may be duly
and formally presented to the court. It is
your duty to present all violations of this
act, as well as all other known ofiences
against the criminal law, but we should be
careful that no act that is done in this behalf
should spring merely from political preferen
ces from any selfish-, sinister or other unwor
thy motive, but that every such discharge
of what is always an unpleasant duty, should
be solely in vindication of the honor and
authority of the State and the Nation.
Letter from Richmond, Va-
We publish below a letter from one of the
Centre County prisoners, now at Richmond,
Va. It will give pleasure to their friends to
know that they are weL cared for.
RICHMOND; July 22d, "61.
DEAR PARENTS I seat myself this morn
ing, to inform you of ray present situation.
We are now in Richmond, as prisoners—44
in number out of our Company. lam in
good health, as ever, and feel well, and be
side, we are treated here with the utmost of
kindness. We get plenty to eat, and it is
good at that, and we are all well cared for,
as regards our health. We have a physi
cian who attends to alt those complaining
every morning, and the man who has charge
of us, is a perfect gentleman. So you need
not apprehend no danger as to our welfare.
When I shall see you again I cannot say,
But I trust it may not bo very long. I
think we will all be exchanged before very
long, and if providence permits, we will see
you all. We" were taken on the 22d of Ju
ly-
I hope this may find you all enjoying
good health. I ask of you not to be alarm
ed as to our situation. We are, indeed, well
cared for. Nothing more.
I remain your son,
W. P. PARMER.
To JOSEPH PALMER, Potters Mills, Centre
county, Pa.
ATTENTION VOLUNTEERS. —The company
about to be organized for the service by Lieut
Wm. L. Raphile and Sargeant James
Hughes, is fast filling its ranks, and has an
nounced next Tuesday as the time of its
departure. These gentlemen, haviogserved
in the three months service, are known to "
be qualified to assume command of, and
lead to victory all that may enlist under
them.