!!!•.."e
AtEPORTER
Weilnesday, September 25,1844.
DEMOCRATIC NOMINATIONS.
For Fcsident AlBl4,
JAMES
OF "FENNESSE.e.
For Vice President,
fur,cfatcr.
OF Pr.NNSYLVANIA.
Vectors for President'and Vice President
ms,
TLFOr oz. nw:Vatalif Senatorial.
..Is/ Dom's,
1. George F.Lelustan.i
Chiistian Kneass.
William R. Sinith.,
4. John MN. (Phila.),
S. Samuel B. Leith.
6. Samuel Camp.
7. Jesse Sharpe. •
.1. W. Sample.
Wm. Heitletuich.
10. Coniaa. Shimer..
t 1. Stephen Belay.
t 2. Jonatißieryster.
far Governor,
FRANCIS R. SIIUNIT. I
of ALLEGLIAIv:Y.
Pot Ulla CoMrstalauer,
JOSHUA HAFTSHORNE,
dF C.4(ESTER.
FOR CoN:GRESS.
;For the arter t rlrett term of A.B. Read, tlee'4.,)
;CO. FULLER, OF SGSQ'RANNA.
FOR CONGRESS,
DAVIDWILMOTI OF BRADFORD
FORItEPRESENT kTIVES,, ,
IRAD 'WILSON, OF CANTON.
JOHN ELLIOTT. WYALUSING.
FOR COXISISSIONER,
PUTNAM I OP GRANVILLE.
• FOR AliplTOR.
J. M. BISHOP, OP DURELL.
'Judge Herrick's itlartiresie.
A &cur:tent, purporting t
ti be an ad
dress, signed by Edward Herrick, L. S.
Eltsworth and others, has been slily cir
culated in this county for mime weeks
past. By accident one has come to our
hands. We say slily circulated, because
n:e have the authority ota reputable whig
that he saw one, more than four seek
since. We are not supprised at this
clandestine movement, aftei perusing the
&Cement, but we confess our astonish
ment at the conduct of Judge Herrick,
as it seems to be a bantlink of his, and
brought forth under his special supervis
ion. Some Weeks since a paper was
circulating in this quarter to procure the
signatures of about two hundred demo
crats, who it was confidently asserted_
by the federalists, had changed from us
and gone ()veil° them. We were then
told by them that the list would be pub
lished in. tit.:t Argus, since which, we
have been lookirq. for its publicatiion, at
length we have it, tizat from another
'quarter. The list contalt . 2s thirty names
instead of two "huqdred ; pt these
thirty the whole county has been sew*.
ed. This explains both the reason wily
the Aqua has not published it, and the 1
reason why this secieCand stealthy
course is, adopted
. to circulate this docu
ment. The federalists had been making
sweepingand unfounded °pennons about I ,
changes," at home and abroad ; many
were persuaded to believe the story, and
that a large share of the democracy of
'Bradford had really wheeled into the
ranks of 'the federalists. For the pur
pose of astoniehing the people every
where, the paper for signature went the
round, and after searching every town
ship thirty names appear.
This was too glaring a refutation of i
their falsehoods about changes to be pub- I
fished in the Argus ; thirty names would
no: atone for asserting there was two
hundred. Hence a few federalists have
been sneaking aixtut the county clandes
tinely_ circulating this conkmptible ad
dress. The-trick does not stop here.—
Although there are two who gave no
authority for their names being put to
the address, and,repudiate the doctrine
in it. We are infdrmed by the neigh
bors of Thomas-Lane of Athens, and G.
W. Plumes, that when the address was
shown them, (I:iy a democrat, some
eeks'after it was published) _the3/ as
serted it was the test time they had keen
it, and their names appeared to it with
out authority ; that their names were
procured for some purpose, by Judge
Herrick, kutpot for_ this purpose-unless
grOsaly deceived. Three others,
N. J. LeD4t, E. C. 'Herrick, and J.
C. Robinson have never voted for Presi
dent. A. M. Coe and John Case of
this borough may -have voted the dem
tratic ticket, but no one knows it, espe.
:laity A. M. Coe wits, al Ai ever been a
hig. Acton !Moody Jays he ~neve
r voted tv ! whole - ticket for the same
party, but. - alWays split it. . WM. H.
Overton did not vote for Martin Van •
itt-1340. I.*.`' S. Ellsworth sup
ported Joselih Rimer, whether he voted'.
for Van Buren in 1840 or not, we do
not know: SuCh is the political com
plexion of some Who are on this list and
our friends can see from it; whether
we have any great reason to be alarr st ed
as to the result in Bradford Counts,
A word stir relation to Judge 'derrick,
gentleman who wrote Ike a ddress,
and : was instrumental in procuring the
signatures. He has seen fit to play the
demagogue in his old age, and forget the
dignity of his 'forr jer ' position, t o pra. e .
lice political -pra- J k s . upon the tinsusrdect,
Ing,qnd ther.tfore cannot blame vs if in
b'int we takes - our glovr:s off.—
The ) .'ist. of names to which. we allude is
13. George Schnabel.
14. Nath'l B.Elt red.
15. M. N. Irvine.
16. Jetties Woe Abram
I'7. Hughliontgornery
Is. Isaac Ankney. •
10. John Matthews.
se• Wilrf,n 3 Pntterson; 1 het)':ied by his and the others which fol
d. Anilreer Burke.
22. John WGill. i'Jw, is said to be the result of the influ.'
i
'°3. Christian ?doyen.
'24..Robert-Orr.
euce which his change has had on oth'-'
ers; no doubt the Judge has vanity
enough to think so, at the same time, we
venture the opinion, that there is not one
of the other's on the list, who, The resi
ded in the county at the lime and was a
toter, but voted for,, a new constitution,
-for. the sole purpose of putting an end to
the'tenure by which our President Judges
'held their office, not to say that their
votes were cast with a reference to him
in. particular. So much for the Judges'
influence.
We do not believe -one third of the
names to this address were ever procur
ed for the purpose of endorsing the doc
trine it contains, • We shall be able to
show that in several instances, a fla
grant imposition has been practised, and
we doubt not that, the same exposure
will be made by others ; in which we
are strengthened by' the -great caution
which-. has- been used- to .49 this „docti
meat from the sight of many whose
names are printed in it. The address is
a reiteration of old and reputed false
hoods, and known to be such,* the
Judge ; characteriZed throughout by that
kind of humbuggery, which Judge Her
rick. ought to despise, and which he will I
repent of hereafter . This is the kind o f !
warfare which perhaps he , thinks will
place bins near the thrine, should• Clay
-be elected, and thereby present strong
claims for some vacancy; but with:the
falling of this airy castle, his sense of pro
priety may return to him. The Judgetalks
about - working shoulder to shoulder with
the democrats of this connty ; was it in
1843, when he sought to defeat their
whole ticket r perhaps he means - boast
log, such as hesexpeeted, in 1838 when
he sent Mr. Tyler to Harrisburg to plead
with Joe Ritner in his behalf ; Certain it
is, that no democrat's shoulder in ibis,
county ever helped him to shoulder the;
batch of federal measures contained in
his address." That the reader may have
an idea of the political ingenuity of this
.document, we will state the positions
1‘ tak..."13 in it.
I. it advocates a moil PROTECTIVE
TARIFF, such as was supported by John
C. Calhoun, and opposed to the high
tariff of 1828. supported by Martin Van
Buren and Buchanan.
2. That one market for the farmer's
produce is better than a dozen.
2. k protective tariff reduces the price
of all articles we manufacture.
4. That the importer and not the con
.
sumer pays the tariff.
5. That the revenue from the public
lands shanld be distributed among the
states for the benefit of the tax payers
according to their wealth, giving not a
farthing to the poor man.'
6.. Annexation of Texas is repudiated.
The Judge had not seen Clay's last let
ter when he wrote upon Texas.
7. Then fqmis that sheer fabrication
about Col. Polk's voting against giving
pensions.
If Judge Herrickis nót heat tily
:ed at this weak, contemptible and paltry
system of
, clectioneering, it will be, be
cause like a certain other politician " he
has thrown conscience to the devil."
Information.
We are informed that the Federal
orators of our town say they are tired
of-ricling about the einnitry speechify
ing, that it is not only tiresome but ex
pensive:
Pray don't go any more gentlemen,
if you trial a ride, just wait till the
second Tuesday in October. and we'll
give you one. even to the shoal waters
of Salt River, += without tuoney and
without price." •
The coutpAt. .
•It is really iimurtioc - ticeailenall.,, to
observe the-piogress•
cateulations ?zit the Coon !
thin tothe t PoPulariote of this ,State.
'Thereiit indeed instruct' on:foo,„ even
in the - strange mixture r t figukek Which
are presented„in thetr,
There is proof plain; that the party is'
!natio every thing like honesty, as they
utter falsehoods, and _ are despised at,
home, Tor.the — paltry purpose of eict
abroad. That the vote of Pennsylva
nia wit; as surely be cast for James K.
BAY. and Geo..M. Dallait as the day
Eleetions comes, not not a man ,of
them in his heart for a moment doubtsl
as the Keystone she will surety , sup . .
port the Democratic arch. Al/ the wild.
and ntad-eap caleulations, and asser
tions of the coons can never strike ter
ror or even_doubt into the breasts Of a .
'people who know them to be desirrous.
The whole policy of the party con•
slated in 1840 in making a noise to
blind thedemocracy.,They hnzza aidoud
now, but "the sober second thought':
of the people is fast settling their rejoic
ing and putting a sudden end to their
uproar and boisterous mirth. 'rhe thou
sand local feelings which then rushed in
to swell the general tide, has long since
subsided the calm sobier,and manly de
termination of the people is fast exhibit
ing itself, and state after state, comes
sweeping on to victory.
Democracy las . never anything to
fear from a struggle. It is w hen the
people are completely, and tho roughly
aroused to action, that the Democratic
party is always triumphant. l'he httz
zaing of the coons, have gone .over the
land, but this time, it finds the beacon
fiers of deptieraty,tright and burning.
On every bill-to p, from every mountain'
side, from the broad prairie, the thick. ,
ly studded forests, the west, and the
commercial cities of the Sea-'board, the
alarm is sounded, and all ar a ready to
meet the'foe. In Pennsylvania, a dem
ocratic majority of 26,000 oi itl help to
ring the death-knell of coo nery, and.
the final overthrow of the hum ,bug lying
party.
Sale of the Maln LI ine.
'The people are called upon to decide,'
through the ballot-box on the second
Tuesday of October whether or not the
-main line of our public imp Pavements
shall be sold-and pass into th..e bands of
a ,company. We have ene;:eavored to
esam►ne this subject, in all i is bearing,
and are. fully convinced that its sate and
transfer into the hands of 7.,a company
would be deleterious to the intersts of
the state. The mainline is a !ready pro
fitable, and increasing in value yearly.
if it continue to be managed for a few
years more, with the care, p►wdence and
skill that characterize the present board
of Canal Commissioners, it will pro
', duos revenue enough, very nearly -io
pay the interest on its cost of con
struction. Besides This, we cannot {obit
-upon the creation of a company with a
capital of $20,000.000 in any other
'light than that.of danger to the interests
and welfare of the commonwealth.---
So far as we 'can judge from what we
see and hear, we believe the people - are
apposed to the measure and will vote
it down by a large majority.
Ho ! Putt TAxas.—W hat has become
of all the Whig thunder against wnnex
ation ! Not a word- do we hear from
them since Mr. Oki} , their leader, has
come out in favor of it. Only a few
weeks ago and they were as noisy as
woodpeckers, they would snarl and al
most bite if a word teas said in their
presence in favor of annexation. Then
they were doing fealty to their leige
forth but he, more wary than his blind
adherents soon found his position fAsfore
the people. on that question, was any
thing but such as he could wish, and as
he had long been accustomed, on great
national questions to •` Wire in and Wire
out" he has "wheeled about and turned,
and jumped jim crow" on the Texas
question. His parasites, are, to be sure,
somewhat surprised at his sudden trans
mogrification, and they are still gazing
and gaping at Mr. Clay.'s tette not
quite ready to shout, as they all wit in
a few weeks, "Huzza for Annexatio "
The Democrats in New Jersey a
fighting the battle, as if they were deter
mined to crimper at the coming elec
tion. We like the spirit- with which
our - frien4 aredoingSeritce there, and
if they do not carry the titate,forPolk
and Dallas, we. shallbe greatly
. .
"Tine litultsui f4;the Blackleg?,
To what strange uses do we come at,
last? Eleven years age, Theodora
Frelidnhuysen and Henry Clay were,
both menbertinf the United; States Sen
.a'te, and itond'uptas opponents in pub
lic debate, each' sustaining Charictefiatic
positions. It was on a question of ad
journment, Mr. Clay advocating the
employment of the Sabbath in Con
gressional business, and Mr. Freling
huyien opposing it: We quote' frUm
the N. Y. Evangelist Of March 23d,
1833, _
SUNDAY 1301SIOti
QF THE SENATE.---
On Saturday evening, Mr. Poindexter
moved that when the Senate adjourn,
it adjourn - to meet at ten o'clock to-mor
row, (Sunday.) Mr. - Frelinghuy sen
spoke with great, earnestness against
it, and represented it - not only as a vio
lotion of the laws of God,;hut as,an in
vasion of the rights of conscience, since
he„aud some others, would be pre.ven
led front attending, by their conscien
tious scruples. He was replied to by
Mr. Clay, who professed as great a re
gard for the Sabbath and the lawk of
God as any man; but he regarded le
gislation in the same light as an, emit.
nent .imericao professor did the science
of mathematics, as quite sacred enough
to be pursued on the Sabbath. The
Senate, however, voted against the pro
' position by a majority of two-thirds.
TUINOB 'VII SE REMEDIFIERED.—Detno
crats.of Bradford, remember that -there
is a United States Senator to be elected
next winter by the Legislatures of this
State; Remember that the political com
plexion of the U. S. Senate may depend
upon the choice from this state.
Remember that highly important meas
ures will come before the next senate,
hence it is alt important that Pennsylva
nia should be truly and faithfully repre
sented.
Remember that the whigs, antimasons
and self-styled Native Americans, are
combining all their efforts to defeat the
democracy, and secure to the opposi
tion a majority in our next legislature.
Remember that should they succeed,
they might elect a. Federal Senator and
entail upon our commonwealth, "Curses
not loud but deep" for six years to come.
Remember that you have the-river
in your hands to prevent it, by securing
the election of the Democratic nominees
for Representative.
Remember to be active and vigelant
in encouraging your neighbors and fel
low democrats to use all honorable
exertion to secure the election
.* of
Messrs Elliott & Wilson.
Remember to allow no consideration
to keep you from the polls on the day
ol- ELetion, and to see that every dem
eerattc vote is polled for the candidates
of the Democratic-party.
COON Lootc.—The Argus says
Maine has gone . , locofoco, by a red
uced majority."
In 1840, she elected a Federal !Gov
ernor and the Harrison! electoral ticket
by 406 majority, this year she is demo
cratic by 10.000.
A few more such '•reduced majori
ties" and the coons would be va,orse..
than skim/ea, Mere would not be a
grease spot, of them left.
Witte NoattsieTtoN.—The Whigs
have nominoted Horace Williston, Esq.
as their candidate for Congress. W Neth
er Mr. Within on will consent to stand_
his hand and t.n.eet another in glorius de
feat reams to be seen. If it were-pos
sible for the wbi,gs to beat us in this dis
trict we would soon see the honor.
fail on Mr. Wil baton as any old coon
in These diggins, but he can't come it.
We contend not against the man but
against the princi plea of his party.
MEI
Cortonv.ss.—T 'he Democratic Con
vention of Tioga County met on. Tues
day, the 17, and no an imously confirmed
the nomination of 1 )Avio WILMOT. Esq.
as a candidate for n eta Congress. Mr.
Wilmot is now beft ire the people as the
unanimous choice of his party in the
entire district—a tit mg almost unheard
of in political history.
His majority over all competitors will
trove that the confie.tnce of his fellow
democrats is not at tsplaced. He is
every, way worthy th e entire vote of the
party and we have- no doubt. it will be
given him, and that his. competitors will
be distanced.
This year is unexampled for several
important things ; for the forwardnelis
of spring, for the iseatity of summer, for
the tremendous freshets' in some, of the
western states; but above.,ill fur the aban
doned recklessness, fertile imaginations
and unqualified FAXSEHOODS_ of ;coon
editors and'eonn orators.
Bradtord. Count,L Court,
Saturday, Sept.. 7th 1844.
;The following Opinion was given by .
the Court to-day, in reference:te the
taxation orthe . bill;,iiif emiti, in the case
of, the Commonwealth vs. W. ll.'Over
,
ton.' It Will be:recollected . by,our
ders, thit Mr. Overton was cs';nvicted,
at December sessions, 1843, of an as
sault and battery. on Charles Jenkins.
and sentenced at the Feb. sessions to
pay a fine of twenty-five (fellers to the
Commonwealth, and the costs of pro
secution. 4 The fine and costs as taxed
amounted ‘45- . $36.6,88. It may be re
marked, that aft indictment wail found
against him', at Sept. Terris, and the
witnesses. were 'in , attendance'on the
part of the Commonwealth ; but the
cause was continued on application of
the defendant. At Dee. Term, the first
bill was quashed, and anew one found,'
on which the trial took place. On the
15th of Feb. 1844, the defendant took
a rule for retasing the costs. and 'ob
jected to all the Oats, previous to
quashing the indictment, and to all
the witness fees and service of subpoe
nrs, except those witnesses who were
sworn on the trial &c.
" The prosecutor alleged that the
large number of witnesses was nedes
eery, in consequence of the threat of
Mr. Overton to impeach the Jenkins'
The clerk decided that the defendant
ough t not to be taxed with any costs made
previousto quashing the indictment,.ex
cept the costs before the Justice, and
the costs of those witnesses examined
before the grand Jury in order to find
a new bill. He likewise decided
against allowing costs for any witnesses
except those examined on the trial. in
I Dec. The whole matter came before
the Court on appeal from this decision
•Of the clerk. The opinion of the court
is in the following words
4 ' Since the Act of 23d Sept. 1791, a
defendant in an indictment has not been
regarded liable to pay the costs of pro
secution, except in cases of conviction
and Of acquittal , by the traverse jury,
where, by subsequent acts, they have
the power to charge him with such
costs. In the present case, ; pe defen
dant cannot be obliged to pa?the costs
upon the quashed bill. unless it be con
sidered part of the same proceeding
with the second bill, and therefore con
trolled by the verdict of the jury there-
This question seems to be rutted by
the decision of the Supreme Court in
Commonwealth,' vs. Huntingdon court
pi, 3d Ratote, 488; where two bills,
and in exactly similar circumstances,
are held to be "distinct prosecutions."
and the direction of the grand jury as
to the costs upon the second bill, be
cause they then are distinct prosecu
tions, were regarded as not applying to
the costs on the former. The liability
of the county in the one case, and the
defendant in the present, are equally
and only • statutory, depending on the -I
eventual finding, of the power, having
the control of the costs ; and we can-'
not see how a different rule can be
adopted in the one case, from the other.
It is our opinion, therefore, that the
Commonwealth has no right to find
fault with the taxation of the clerk. as
to the costs accruing previous to quash
ing the first bill. . .
The evidence produced t&prove the
necessity of the large number of wit
nesses at Dec. sessions, 1843, is not
satisfactory to the Court; we cannot
countenance in any case, such an at-
tempt as the present, ar.d the same
measure would have been meted out to'
the defendant, if it be the fact that he
had subpo3naed so many witnesses as
is alleged, and there had been a reverse
decision of the ca - use. The court will
in no case justify any party in the un
necessary reduplication of testimony as
to any particulav pointorhetlier from the
f a ncied benefit of one party outnutiaber
ing the'witnesses of the other, or for
any other reason.
We cannot. however say, that under
the threat ,hf the defendant, carried to
the ears o'f the prOsecutor, whether true
or Mae. to impeach the Jenkins', he
would not be.justified in bringing some
witnesse s to sustsin their character; as
some of '• that family - were examined as
witnest.es, even' though John and Bay,
the principal objects of the intended at
tack., were not improved. We allow
'the Comtle, therefom in addition to the
witnesses examined on the trial, the
costs of tubpo3naing and attendance:of
eight witnesses to, : lie selectedati the
COnairanwtalth may chob art f rom
t, l
charged in 'the bill; beyond no t ,
Amount of, the bill filet), is deemed ,
pre/nave, and rejected consequently
the Court; and so far only lith e
peal of the Commonwealth fro m
taintiOn of the clerk sustained."
), Wednesday, Sept. llt,;
MARTIN ELSDREH to the use $ mat
BON &sawn vs. Lama and E.
myite, admitirstratois of Win. wy el
deceased. Thiarvas an action ,
sumpsit, brought to recover ou a
mise made by Wrn. Myer in thosp ,
o f lea, to Martin Elsbree,
Elabree, who owned a judgmentagaioi
P omer oy cioysline, would stay p re .
ceedings against Gorsline until 6e
(Myer.] could have time to sell l ue
lumber, ,shat then Myer would 'p er
that debt. To prove this , promise,
Martine Elahree was. called, and the
defendant's counsel excepted, on tilt
`ground of the incompetency 0 1 4
"witness to prove these facts. • Theo.
*Lion was sustained by the c 011;
and the evidence was rejected. Th
plaintiff became non' suit, and at
same time a rule was granted (01 6
cause why it shall not be faience
JOHN NAOLEE & Sox ar. W, . L
POST. This was a feigned hate dine
ted by the Court to try the right old
parties to $904 66, in the halide ali t
Sheriff. The question to be (Jerk
was. whether this money should he q.
plied on a judgment in favor of his
Naglee and Son vs, Henry M. Nagler,
or on a judgment in favor of Wm. I
Post vs. Henry M. Naglee. The prta
cipal facti of the case are as follows
A fled facias was issued in favor,
John Naglee & Son vs. Henry M.
glee, Nov.. sth 1842, which was
turned unexecuted by order of th.
plaintiff's attorney ; and on the 6 , ,
Dec. 1842, an alias fi. fa. was issu
on which a part of the personal prom
ty levied upon as the propeity of H
M. Naglee, was sold March 18t6,1242
A. fr. fa. in the case of Wm. L. Postn
H. aglee was. also issued Des, ,
1842; on the 10th day, of Feb., 'MI
ordered to be returned without ft ~
proceedings by the plaintiff's Attorney
in pursuance of directions received fro
Isaac Kellum, who professed to act
agent for Post. In this same case
venditioni exponas issued Feb.27'
1843. on which the property was sal
for $904 66.
The defendant claimed that he It
entitled to the money, on the groped
that in the case of John Naglee &
vs, H. M. N aglee, the execution,
issued without any intention of coils
ing said judgment by a sale of the p
perry, but for the .'purpose of eovent
and protecting it from other credits
and that the plaintiffs gave such nom
,tions to delay proceeding, is would
law, postpone the lien of their writ, a
entitle Post to the money in dispute.
It was contended oa the panel
plaintiffs, that the facts did Doha
any any such ittstructionsAc.
The Court charged the Jay t'
they must find for the plaintiliVit
was accordingly done.
Thursday, Sept. 12th, 1844 .
George Sanderson, assigned lea
hia E. Dupont its. Robert Depew
Hiram Camp_Scire facia on amm
gage.
Hiram Camp pleaded that-Ite
a tenant under the mortgage. Jr
meat of non suit by consentai toes.
and judgment against Depew, the?
thonotary to ascertain the wear&
Thursday Sept. 12th, ' 44
Hamilton Morrow vs. Albert
Camp. this was an action of tree"
brought to recover damages' from
defendant for seizing and selling'!
of oxen belongipg to-the plena , *
out the consent of the plantiff
defence set up was, that at tbetito
alleged trespass was c ommitted. C
was a collector of School taxes,
lady appointed by the direct''
Herrick. Bat this property wis
NI upon by - Camp in pursuance
warrant, and sold to Robert We l
payment of Morrow's vases.
Friday, Sept. 13th.
In the case of Morrow vs Cam?'
'jury rendered a verdict in faro 01
defendant. iy
Charles Gridley' vs i ts‘shel
John V-. Daniels, and John
Debt on promissory note.
The Jury found for the
6524,82.
The Court, to-day semen
Galaspie, convicted $( assault tau