THE :BRADFORD :-..REPORTER.
rric;' , s 72E0
that character, to communicate on military sub
jects with all administrations for about a quar
ter of a century last past, I saw nothing in the
nature of the request he had made to implicate
either of us. He asked me for my opinion as
to the future mode of conducting the war. I
gave it to him, first in speech, fare to face, and
'afterwards in writing. And here it is! [hold
the Senate, on .Monday, Jan. 25, Col. ing up a roll of paper] for I chose to retain-the
lO N - made the following explanation in original for myself, while sending a copy to
cation of himself and the President, rela- him. Here it IS ! and at the proper' ime the
to the proposition for the appointment of public shall see it, but not now ; for I do not
cut. General :• belong to the school that makes publication of
r. BENT
ON asked the indulgence of the plans of campaign—even rejected plans—in
tele make an exposition of the circum- time of war.
es un der which the President had propos-IThe President approved the plan ; and it so
e appointment of a lieutenant general to happened that the nature of the plan required a
nand the army in Mexico, and with which head to the army—one head to the whole bo.
effluent his name had become connected. I dy—to unite and combine the whole into one
d been intimated, he said, on . the floor of harmonious and consistent movement. It so
4. l w—hypothetically to he sure, but not' happened, also; that-enough was known of the
ens intelligibly and forcibly on that account I ideas of the two highest in rank of the officers
It there might be an ulterior and covert'
of the army to know that their plans were dil
e' in the proposition: nothing less than a ferent ; and ii is a maxim of fundamental ob.
11 on the port of the President to appoint . ser „,.
„, in war, that no general is to be re
urce,,sor, The Senator .rom North Caro- quired to execute a plan which he disapproves.
Badger.) In his speech on the lieu- A new colninader became indispensable; and
It general bill, hail indulged in that hypo- as any new major general would be subordinate
s; arid as no !•11111111SitiOn mold be more to all now in commission, the solution of the
moreinjorious to the President . difficulty lay in the creation of a new rank, Bo
th, public service, or could descend from p er io r to that of major general. and inferior to
.itor statf,'e. and as Mr. Benton) hap. the eonstitutional cninmander-in-chief. The
'lt" be i"1"'"""i°" of all the tarts "eces - creation of the rank of lieutenant general as
:0 the ythrlic Won of the PreSitiviil, lie tie- hod twcn done in the year 1790, at the time of
ta mike an ex p tsition u touch would show the expected war with France, was the solo
.epaositioli to be untounded, and would thin of the difficulty. This rank appeared to
rh Prerthlent*.s character and the public lie the natural and regular derivation from the
Ire from the nyurr they W""Id "IT" if Presidont's own political and military charac
eonatiori vv is allowed to go out uncontra- ter, and the proper connecting link between
id :rum the ti.io r of the 'Senate. lie asked lion and the acme. As President. he was both
• for: as t h e bill for the lieutenant gener- the civil head of the government and the rr.ili
as int on the table, and as he would not • "ry head of the army. He was erimmander
' " up. cv.'uld not spank to it if in-chief of the army and navy, and of the mili
;l. ilt• tilt! !: itchnnsrto rorninit the tia or volunteers in service. They were all
cot or' -jweell on some mete- t h en i n sorrier, an d in a foreign c.nintry. He
he most throw himself upon the IP- Conic; hot go to Alexico io command in person ;
! pave of tl e Senate fir leave to make the prrarnount duties required him to remain here.
ref I wte n nlrh the r-ise repaired. and He could not send orderS from the closer in
-I, the .nt , .o.ilaa, of the Senator from North this coy. '['fiat was a folly of which there hid
117.1 rr oil rod nee, 10.911 Ito example since the tone that the Prince
w and Mr Iterihin proceed Cogene lint Savoy) was arructomed to return
f.,.! ;;,-‘1 Ow rein irks uneven , if. at the end of the campaigns. all the
Sn. i•r or, 'North Cir 'a. orait rs n loch the Aulir Con' col was accustom
r., I , the Prenid, ui loon' the et; 10 send him from Vienna.
a • thirowal and dthgerthis which, The Piesident was bound to commar.d ;he
t , h‘er of that S n tor cohld not so) to Nlexieri to command in person,
• II: - 1.1 h im ; arid shall do so ui the and he eivild not command frith) Washington.
-I , fin of a thicrinv••, repe inn' to rile The solution of the difficulty, which reconciled
3'l tn-o Inns taken pi ice between rite all Iniatradictions, and permitted the exercise
..!,- at 1:1V•I'll rel -non to this ap- of all duties, civil and military, was the ap-
Mineril. sod thereby ell Oiling the Senate and p oninumt of a military deputy—a legatus—a .
;ompie ijudge of ;he *justice of the accu- locum teriens—a lieutenant to take the place 01
the constitutional commander-in-chief in the
It wn= at the bcc.irining of the month of Sep- field ; to give orders in his name, and to take
iiwr lair!, and lit the moment that I was , the responsibility of plans and movements,
on: setting ou t to the West, that the Pr-si- while the generals at due heads of divisions, or
sonr fir me, anil informed nii• that he had colionne, would only have the responsibility
• for the purpose of offering me a high of execution. This, forreasons too well known
;continent. lie named it It was the nos- to require rehearsal in this chamber, it was
tihrraiire• men heeinning savant by the thought, would he entirely agreeable to the
el the c.: tie/nail Mr. King. of Alabama) generals of highest rank in our army iii M eXI
.!I ornament to this chamber. I de- co ; it would secure their rear at home, and
,al e appoitittlient, and for reasons which leave them free to contend with the, enemy in
coed 111, to declote birth appointments frmt. It was not intended to diminish the
mi l'rathl e urs Jackson and Van Boren. Mr. fighting vocation of the two generals, but to
wn kind enough to ask, ins to take dine reconcile and accomplish two desirable objects,
I atiswered hint that there was namely : the execution of the President's plans,
civd for time that the answer would still and the release of the major generals horn re
. ilia same, after any length of r,onsideration; sponsibility for plans and movements. This
.1,0, with thanks for the twinor he had done • it as the, view of the office of lieutenant general.
• the
,appointment to the French mission As to the proposed officer, there was no breach
is definitively der!ined. This was the be- ,of miiitary rule, law, etiquette. or propriety in
)IC%! off Scn tend).- r last ; sri that. at that t im e, ' the proposed appointment. The office was
I• certain that the President could have had original. anti belonged to no person. The
such design as has been attributed to President had a right to nominate, and the
at by the Senator from North Carolina—no Senate to confirm, whom they pleased. Per
:lgo to make me his successor by virtue of , sonally, I would take nu concern in it. I only
.:nary Cats to be perfrrnied on the low lands asked the President to make known the name
:he table land of the Republic of Mexico.— • intended for the place to the members of Con
s the contrary. a fertile imagination—such I gross, that all objections to the officer. as well
the Senator from North Carolina sti happily ' as to the office, should be open to full inquiry.
iissesses—might have seen, or thought it saw, 1 forbade my friends to say a word on me ac
tin, proposed appointment. a sort Of polio; c runt. I would not say a word for myself. 1
deportation—somettitog like an exiling and would not even obviate a prominent objection
.rn lilt! in a foreign Court—for a purpose the by reminding any one that in 1812 I was die
-my tcycrse of what the Senator from North military superior of every general no in the
has supposed. I say an tnrentive urn- service, and had a right to have commanded
' , man nirolit have seen. oilho't 0 saw, all the whole of them if we had chanced to serve
Pos:essing nn such imagination. I saw , together.
ono norm thins , . And inking the offer in the . I was then Colonel in tier service of the Ifni
• in which it was made. as eminently lion- ted States. cornintssioned by President Madi
'•a,ie.m itself, and a signal Evidence of the son, and led a regiment of my own rais
l'"-"lent's confidence inme, and good will ing from Tennessee to the !diver Mississippi,
made him inv thanks for it privately. , under Gen. Jackson. to meet the British then
as I 'vox do publicly t and the affair was drop- expected at New Orleans, but who did not
' O L This. I repeat, was the beginning of come till 1914. I was Alien of a rank. and in
last--only three mouths before the a position, to have commanded, if we had met,
of Congress sn that. at that time: it every general now in service. Even in the
clear the President hail such ino- regular tinny. in 1813. I was lieutenant colon
-7.,-.laiti mid fearful design as the Senator finm el olide most nut the present generals were
' l ' Carolina has attributed to him. lip to company officers. and only one of them of the
'''"nlP- up to the first of September. in the tank of colonel. Yet I scorned to mention
rev I9l6—the Republic was safe. these filing even to bosom frends, while the
1 "Ill , lraely after refusing the mission to nteasure was depending. and only do it now
f-
wenteel° the Wes - 0-
West, was min e until for the purpose of rescuing the President from
tri ,, ntli of November, and had no conimu- a supposed breach of military decorum by the
y kind, direct of indirect. nor up-
appointment of a citizen from civil life (myself
n r " subjci:t whatever, with Preaident Polk.: being that ritiz n) to the command of thearmy
'lakes all sof.; ;wain . for twn months mere. woul d imply in the opinion of the Senator from
rP'
ur "ed to this rite in November. where my North Carolina.
lit Ar: , s, and where Conorevs was soon to ' Finally, and td conclude the vindication of
The day after nit- arrival I called upon the President in this particular. I can say -that
and here we approach the Mr: Polk is not the first President who pro
emend Filar. in that first inter- in"" give one the command of the army
b . acnially asked the my opinion about against Mexico—that Gen. Jackson himself
f"fllre mode of eunduetiiig the Mexican Proposed it in 1836. When our affairs with that
r ,, r tea ins not proper now to he stated, country looked warlike ; and that then,as now,
s
al the s validity which the country will I agreed
to
take
It'
Wit'
have an opportunity of judging. the I And here. Mr. President, having fulfilled my
Paw fit to ask me my opinion upon task of vindicating the chief magistrate of the
hunt re mode of conducting the war.. This Union Irom the design. hypothetically
impu
hot strike me as being anything ted to him, of wishing to appoint his successor,
ic"ige,or unreasoitalitc—either unbecoming in in my person. and by means of this lieutenant
snake, or for me to comply with.— generalship. I might close my remarks : but as
i s mY Senatorial I • -as been coupled with this business,
capacitywas his ronstitu• my name
r ' '"'lser on many great ( p i a st i o na, those and as I have remained silent. and even left my
o .i nd w war ? inclus'ive, 'be my . poliiical seat, while the measure was depending. I must
aa the supporter of his adtninis- now take leave, with the kind indulgence of
n. and ready to oive hint Inv opinion on the Senate, to proceed a step further, and to
ar As - eltair - man of the Senate's Corn- say a word on my own account ; and to show
un„.. • .
-utittarinducement
y Affairs, and accustomed, in that seroce, and not rank, was my
1U VY uID L.
DNESDAY, FEBRUARY 10. 1847
' IRE LIEUT. GENERAL.
Benton,s Defence of the President
PUBLISHED EVERY WEDNESDAY, AT TOWANDA, BRADFORD COUNTY, PA., BY E. S
" REGARDLESS OF DENUNCIATION FROM ANY QUARTER."
to agree to-the offer of the President; and that
there might have been cases in which I would
not haie accepted the office of lieutenant gen-
era! even• if it had been created
I have already said that I will not now show
what my own plan was ; but I can say of it
that it was a plan which looked to a result, and
promised an issue, and that briefly ; and that I
would have had nothing to do with any plan
of any other kind—nothing to do with any
plan that contemplated a long and moderate
war, or a war of masterly inactivity, or of re
treat upon the Rio Grande, or of defending a
line, or of attack upon the idle, solitary castle
of San Juan of Ulloa—especially at the com
mencement of the season for the black vomit.
lo no one of these cases would I have been
lieutenant general, or captain general, or major
general or colonel general or any other sort of
a general that ever was heard of. I know very
well that the President hail no idea of any one
of these most amiable plans ; but there is a
way to give him an idea of them, and even
,to
force them tOon him ; and that would be, by
the simple process of denying him the means
of doing any thing else.
I shall not state my plan ; hut I will say of
it, that, besides intending a result, it proposed
to carry on the war, while there was war, ac
cording to the usage of all nations in the case
of invasive war—the invaders to be paid and
subsisted by l the invaded. Contributions regu
larly levied—duties regularly collected—would
accomplish these objects, and leave the United
States free, or nearly free, from the expenses
of the war.
I can say, further, that my plan was not
limited to a mere military view of the subject;
that it comprehended a union, of policy arid of
arms—the olive-branch to go with the sword :
ministers to treat, as well as an army to fight.
A diplomatic mission, nationally constituted
,lioth in a geographical and in a political sense,
was to attend the head-quarters ; and, while
the ministers itood ready to negotiate at every
step, the arms was to take an organization aid
an attitude to give emphasis to negotiation.—
And this combination of arms and of policy
was not mere gue,s•work, the idle conception
of fancy ; but the result of a knowledge of the
• state of parties in Mexico—a peace party. for
honorable pt ace ; a war party, for endless war
was way so luminously shown by the Sena
tor from New York (Mr. Dix) a few days ago.
My plan „as a lapsed pt both qf these pirties—
, honorable peace for one ; tie s.vord for the
otter. The military part of the plan his fallen
to the ground : the diplomatic part falls with
it: and now it devolves upon those who have
frustrate) the plan of the President to present
him a better.
I counted much on the efficacy of the diplo
matte part of this plait ; for great errors prev
it
in Mexico with regard to our designs and feel
ings towards them, and which nothing hut an
authentic mission could remove. The war
party is incessant in 115 calumnies against us,
artfully contrived to operate on every class of
the people, and to render peace impossible.—
It has a falsehood for every class. To the re
ligious orders the war is represented as a war
of religion—the protestant against the Catho
lic—and a war of sacrilege—the spoila non of
the churches. To the creole Spaniards and
the Indians of mixed blood, they present it as
a war of races—the Anglo Saxon against the
Spanish American—and the subjugation of the
latter intended. To the unmixed Indian race,
(nearly the one-half of the whole population,
and the sole resource of the army for its rank
and file,) it is presented as a war of extinction,
or of slavery—their race to be extirpated, like
so many tribes in our North America; or to
be carried into slavery to work the fields of
their masters, like the slaves brought from Af
rica. And, to all, it is presented as a war of
ambition and of conquest, in which there is no
peace fur Mexico but in-the degradation of her
citizens and the loss of her independence. A
mission, such as I proposed, would authenti
cally contradict all these calumnies, and show
the deceived people of Mexico that just nil
honorable peace is all that we want ; and that
far from wishing her degradation, both policy
and interest unite in making us wish to see her
prosperous, happy, and independent.
She is a Republic—our neighbor—who did
us the honor to copy our fortn of government.
and bad a great commerce with us. The in
juries of which we complain were the work of
a few, while the great majority of the people,
who have done us no harm, are willing to do
us justice, and reciprocate the wish for that
close conne:tion. political and commercial, be
tween the two Republics, which is necessary
in their own prosperity, to the stability of the
R•publinn system in all the Spanish American
States, and to the complete independence of
the New World front the Old.
I counted much on the efficacy of the diplo
matic part of the plan, and not less nn the imli
tary the other failed. Of this I can
say nothing but that it was not framed in total
ignotance of Mexican character, Mexican coun
try, and Mexican resources. Forty years ago
I studied Humboldt, and did not overlook his
chapter on the military defences of the country.
and especially his imposing development of
the greatelements of defence with which nature
had endowed her ; the dangers of the coast
when the north wind was blowing—,the black
vomit when it was not—and the deep defiles
of volcanic mountains. The plan may have
been faulty, hut it was not conceived without
some knowledge of the subject ; and it promis
ed a result—peace to the country, if it succeed
ed, and in the soldier that died, a death worthy'
of the soldier—the battlestorm his embrace, the
field of honor his bed, the lofty summits of
Cordilleras his monument and his grave !
CURE FOR THE LOCR-JAW.—We see it stated
upon what seems authority. that the lock-jaw
can be relieved instantly by putting a piece of
copper in immediate contact with the wound
that cawed it. Simple remedies are frequently
the most potent.
If driedoess, either for coop or eating whole,
are soaked tdl they begin to vegetate, (about I
two days,) they will taste as well as green peas. I
Veto Messages from Governcr Skunk,
Of acts passed at the last session of the Legislature,
changing the duties and jurtsdution of Jus
ties of the Peace, in Bradford,
Butler and Erie counties.
To the Senate and House of Representatives of the
Commonwealth of Pennsylvania:
GENTLEIEN :--1 have had under considera
tion the bill, entitled, " An Act extending the
jurisdiction of justices of the peace in the coun
ty of Bradford," which was sen: to me in the
closing hours of the late session.
The essential changes which it proposes to
make in the administration of the criminal laws
of the State, so far as they affect Bradford
county, constitute, with me, insurmountable
objections to any action on my part which shall
give them the force and effect of law.
Refering generally to the positions which 1
have taken in two messages of this date, return- ,
ing the bills severally entitled. •• An Act to es
tablish a cheaper and more efficient mode of
collecting takes in Butler county, and to reduce
public expenses and diminish litigation in said
county," and An Act regulating actions be•
fore justices of the peace in the county of Erie."
I am constrained to say, that with reference ,
both to its constitutionality and general policy,
this bill is liable to the same objections, lies-.
• tsblishes, in one of our counties, a novel aud
peculiar system of accusation, arraignment, and
trial of offenders against the general law of the
Siate—it dispenses altogether with the inter
vention of grand juries—it extends the powers
of justices of the peace over the liberty aud pro
perty of the citizen to a dangerous extent, per
nutting them to imprision for the term of six
months—it devolves the charge and, conduct of
public prosecutions upon such persons as acci
dent, interest or hate csav invite to that office
—and it constructs a series of township courts
of Quarter Sessions, where criminal justice is
to be administered with forms unknown to the
experience of the Commonwealth. and without
the safeguards which the Const.tutien Las pro
vided.
1 cannot but think that on a review of this
bill by the two Houses, these remarks will be
found to have an obvious hearing upon the
whole scope of its provisions. I therefore re
turn it to the House of Represent-nivel'. where
itoriginated. FRS. R..SHUNK.
HARRISBURG, lan. 7, 1847.
To the Senate and Rouse of Representatives of the
Commonwealth of Pennsylvania:
GENTLEMEM :—The bill of the late session..
To the Senate and House of Representatives of the
entitled An Art to estahlieh a cheaper and
Commonwealth of Pennsylvania:
more efficient mode of cull.-cting taxes in But
ler county, and to reduce the public expenses. GENTLEMEN :—The bill, entitled •• An Act
and diminish litigation in said county," was regulating action• before justices of the peace
presented to me for signature on the elat of last In the county of Erie," was presented for my
spprobation, on the day preceeding the day of
April.
I his bill proposes to introduce tow the legit• the final adjourement - of the Legislature, at the
lation of the State. on the subjects generally of last session. Having then no time to examine
taxation and judicial proceedingt. numerous its provisions, I held it over for confederation.
important innovations having exclusive apple I This hill provides a system of proceedings
r a tion to Butler county. Among these are an for the collection of debts not exceeding one
entirely new plan for collecting State, county hundred dollars, in the county of Erie. essen
and poor taxes, verities new forme of county tially different from that which iseirdained by
l evies . t h e creation „f new o ffi cers , t h e impost- the general law. for other parts of the Common
tion of new duties on old ones, changes in wealth. It creates a mode of determining suits
their rates and modes of compensation, arid a arising fro in contracts by arbitration, at the in
train of modifications in the system of juries stance of either party ; a justice of peace in el
and jury trials. feet selecting the referees in all eases of contest,
I have in the message returning the bill, en- and himself presiding over their deliberations.
titled oAn Act regulating actions before juett- and the award, if not exceeding ten dolloars,
rev of the peace in the county, of Erie." re. being final and without appeal.
marked upon the impnlicy and danger of spy- The bill is in me judgment objectionable on
cell legislation for diatricts; of which the bill the score of general pulley, and is in doubtfol se.
before toe is a striking illustration. It impriaes cordanee with the Constitution of the State.
burdens anti penalties on the citizens of Butler If it he desirable to remodel our laws for the
county, from which the other portions of the collection of small debts,—to extend the Dye.
State are free—it increases very largely the tem of compulsory arbitration, and enlarge the
emoluments and powers of one county officer, duties of justices of the peace, expanding at the
and sequesters to the use of the county weasel- i same time the limits of theiL final jurisdiction,
ry one-fifth of the compensation which may he no good reason has suggested itself to my
earned by other like officers utider the laws of mind, for limiting the he ne fies of t he c h an ge, if
the State—and it essenttaly, if not in express it is beneficial. to a single county. The law
terms, assails the right of the freeman of that of the land" repeatedly referred to in the bill of
county to trial by jury as heretofore." rights; as the great security of the citizen, im
es, ae it appears to me, uniformity of the law
The perilous importance of this last project•
ed alteration in the ancient law of Pennsylva. thoughout the land I cannot realize the pro
nto, may justly engross attention. -, priety or the safety of making one law fur Erie,
In the fifteenth section of the bill it is made I and another for Butler, anti a third for Brad
lawful to decide all civil suits by a jury of six ford, all professing one and the same object,
men, if the parties shall content thereto ; and and based upon no difference of circumstances.
the sixteenth section provides that if this con. j Why should the rights of one free citizen of
sent be withheld, the jury charges to he paid Pennsylvania he either greater or less, and hi.
means of legal redress for them he either Patti
by the losing party shah be taxed twenty-five
prov i sions,
ger cent. ht her than in other cases. These er or more difficult, than those of his neighbor
provisions, taken together, strike me as being across the county line !
a serious infraCtion of the hill of rights. It is by the uniformity with which our leg;e-
Phe citizen may undoubtedly yield op by lotion presses on all parts of the State, that the
consent his right to a trial by jury ;or he may. citizens of each part are enabled to rest with
if he chooses, submit to a trial before a less safety on the wisdom and caution of the Gen- ,
number of persons than twelve. But it must eral * Assemble. So long as each member of
be by consent, and that given freely and with- either house feels, that in the vote lie gives, he
out condition or apprehension of prejudice.— is legislating foe his immediate constituents as
The jury, so called for the trial of civil issues, i well as for those more remote, so long, and so
has, lrorethe earliest period of the history of long only. will he feel in full measure theljete
'our law, consisted of twelve men, all h earing accountability which it has been, and is the
the proofs and uniting in the verdict. Such policy of the Constitution to maintain. Let
was the jury institution as brought over to the legislation once come to be merely local.
Pennsylvania by our ancestors, and such it has l limited in its effects to a single county,or a sin
remained among us, through all revolutions of tele township, and what security will their be
political government. Ifor the rights or interests of so small a fraction
The seecessive constitutions of the Common- of the State? Who shall guard the eitiz
wealth, while guarantying this mode of trial to front oppression imposed by the representatives
the citizens, have proteste d " in advance against lof others, when they who impose the burden,
any legislative mutilations of this time-hovered are not to feel it theffiselves, and are nctere
monument and safeguard. Over and again it sponsthle at the elections to those Who do ?
has been declared emphatically in the bill of Because we are one State, thereforeaffioold our
rights, that " Trial by jury shall be as hereto- I laws be uniform ; or if a different principle'
fore." The trial by six jurors is a departure should come hereafter to be iheught wise. a
as essential in principle, from the ancient land. county Legislature thoelerhe convened,
e - .
mark, as would be the trial by a single man,— liar with the wantsprits constituents. and elec-
If we may reduce the number at all, what is to ted by them elop
limit the reduction ? I harr2lhitled to the apparent confict be
lt is true that the bill in question does not at tween}les bill and the Constitution. " Trial
the first view appear to compel a party to ac- by,jtiry shall be as heretofore. and t the right
cept this substitute for a jury trial. But toe ~l-ffiereof shall remain inviolate." is the emphat
certain extent it does so nevertheless : itcalfs ieinjuiection of the bill of rights. It is untie
von the citizen who elects to eejoyhis un- ceaeary to renew the 'discussion which has
questionable constitutional riglii, : to do vu in I heretofore occupied our courts of law respect
.open court, exposing him In,the imputation of I ing thei moon of these words in the Constitu
'desiring to multiply lite-chances of disagree- non of 1790. But under the same wordti ant
went in the jury koxrand of being willing, by they stand in that Of 1838. I cannot , doub
the increasedsApinse of a lull jury. to add to that a law . if now passed for the first time, ex
the county--burthsos., There is a liability to, eluding a certain class of litigants from the
/400DRICII & SON.
prejudice• in this which should trot be connec
ted with the assertion of a treeman's rights.
But the bill goes further, and directly taxes
his case with an increase of costs if he shall
prefer a jury •' as heretofore," to the novel sub
stitute which it cffers him. " The right of tri
al by jury" does not " remain inviolate" when
the citizens is specially taxed fur claiming it.
There is no warrant in the constitution fur af
fixing in this way a price to the ex'•rcise of
rights which come to us as a birth-right, and
which belong freely and without price to us
all.
The provision. like all others that infringe
on constitutional rights, is calculated to press
with most force on the poorer and less influen
tial citizens. The. man whose Social position
has placed him in some degree above the reach
of prejudice, or whose pride prompts'him to
disr,,gard it, will lint be controlled by that pop
ular sentiment to which the more lincuble may
be furred to defer. Thus freedom of choice,
which the bill professes' to offer to all, is virtu
ally withheld from some, or greately unpaired.
In the same spirit the bill enables the rich sui
tor, by refusing the smaller number of jurors,
to increase the costs of conyoversy, and to.
bear hard on his less prosperous opponent.—
In a word, it is unequal in its operation. and
that inequality regards the administration lit
justice.
By the fifteenth section of the a tax of
twenty per cent. ou docket fees of attorneys,
on fees received or charged by the prothonota
ry, clerks of the courts and sheriff, and five per
cent. on the fees cf the register and recorder,
is levied fur the use of the country. f 4 ithout
adverting to the inequality introduced into our
laws by taxing this class of officers in a saigle
county, it may he remarked that if their fees
in Butler are not more than an adequate com
pensation, then it is manifestly unjust to iaz
theta for the benefit of the other citizens. If
their compensation is too great, then the put
, tore and those having business in the register's
and recorders offieed, including widows ;mil
orphans, are taxed to relieve their fellow-citi
zens from taxation. This principle appears w
me to be at variance wiih the uniform laws and
practice of the Cuthmotterealth, and with the
plain dictates of natural justice.
For these reason+. without commenting on
the anomalies which the bill presents in regard
to the other *objects which it embraces, and in
other of its details. I return it to the Senate,
whi.re it originated. FRS. R SIIILINK.
HARRIbiIIURC:, Jan. 7. 18(7.
'S;`'ZIEB3a33 S3Zo
right of trod by jury which they have had
•• heretofore," would he in conflict with the
spirit and words of the Constitution. Such bit=
the character of the bill before me, I am
bound to refuse to it my signature. I therefore
return it to the Senate where it originated, with
these my objections.
There are several provisions appended to the
bill : one authorizing the Wil'iams Valley rail
road and mining company to construct branch
railroads. another relating to suits for register
ed' taxes within the county of Philadelphia, rind
another for repealing the art vacating Lake
street to Kensington. To these the objections
to the passage of the bill have no relation. I
will only add that the unavoidable rejection of
these provisions of the bill on account of their
associations, illustrates in the strongest practi
cable manner, the impropriety of connecting
dissimilar and incongruous subject in the same
bill. FRS. it. SHUNK.
Ilannianunn, Jan. 7, 1847.
The Working of the ,hw Tariff.
Almost every paper which -meets our eye
froth the manufacturing districts contains evi
de_ncs of the increased operations which the
manufacturing capitalists are entering upon
in full view of the enactments of the tariff or
- 1846. The New, Raven Register. in reply es
the Palladium .of 'that city uhich has been ri -
cently re-echoing the Federal cry •• ruin." tells
us of three new cotton factories which are about
to be started in that vieinicy. The Register
says. very forcibly, in view of this clamor about
ruin" from the tariff. of 1846. it this be so,
how happens it that we are now exporting cot
ton goods, in=tead of importing , thein ? Whilst
we are competing with the world in the foreign
market can we not compete with the foreigners
at home! What nonsense is this A queer
Illustrution. truly, of the operation of the free
trade principles. The Palladium must go fur
ther from howe for arguments to make out its
case. Every branch of mechanical buisness is
doing as well, to say the least, at the present
time, as under any high tariff we ever W—
rnaugre the false predictions of the Palladium."
Nor is this prosperity confined to the cotton
manufacture. Every day bring us fresh proof
that the iron business is equally prosperous.
Frain many similar cases we select only the ful-
{ow
Tits SP:VAGEIoN \YORKS.—The --
erations of this company coniirne to advance
irAi rent). success. The hest feelings exist
between the men and their employers. The
company ate now engaged in making 'ron for
the Pimadelphil. Wilmington, and Baltimore
vidroad. It is of the H 60 lbs, to the
yard. and thus far the rails are of a very su
perior quality.
A LAUGIIABLE INCIDENT.—One eummereven
ing. at churcl,iii Poughkeepsie, it was found
necessary to have all the windows open on ac
count of the heat. The preacher became very
eloquent. and then calming down into a solemn
mood, he netted the attention of his audience.
You might have heard the dropping of a pin.
He then soared in a strain of eloquence •that
carried his hearers along with him. He quo
ted a passage of Holy Writ, and applied it to
the hearts and consciences of his audience. It
was a solemn moment—the preacher saw his
advantage, and was resolved to use it; again
he quoted the pungent passage. and beganjo
apply it with all his skill.
" Who of my hearers can say that in these
circumstances he acted thus ? Who, I say,
can say he did it ?"
At this moment, an insect flew into the
meeting house, screeching out, "Katy-did
K3iv-did!"
The whole audience become convulsed with
frughter. The minister's eloquence went for
n_ught ; he stood amaz , d, and vented an an
-fry expression, while we thought. Truly
there is but one step from the sublime to the
ridiculous."
FAMILY PRAYER.—In binding a family to
gether in peace and love. there is no human in
fluence like that of domestic prayer. Uniting
them in a common object, it unites their sym
nathies and desires. Raising their hearts to
Heaven. it brings them all togetlin in the pre
sence of God. The faintly altar is an asylum
to which they repair from the cares and toils
of life; uniting them in efforts of faith and obe
dience for high attainments. Faith has no
holier spot than a house thus sanctified by
prayer—where the voice of supplication and
thanksgiving concentrates every day : where
the word of God is devoutly read, and young
and old unite to show forth all his praise. It
may he humble, but it is holy. Poverty may
be there. and sorrow—but its inmates are rich
in faith, and joyous in the holy Ghost. Sick.
nes" may enter it. but it comes like an angel
of peace and mercy.
Cot. CHOC:HA:C.—A soldier of the Tennes
see volunteers wnting honte gives the follow
ing characteristic incident of the brave old
Croghan at the storming of Monterey ;
.• We were • exposed to a fire for one mile
and a - half, from three of the enemy's batteries.
Soon after we started from our last position
thev'epened a most galling fire upon us. Just
at'this moment we met•old Col. Croghan. the
hero of Sandusky. with his hat off waving it in
the Mr ; he rode between us and the enemy!s
fire. and said, waving his hat. go on boys,
go on Tennesseeans, remember you are front
the land of Jackson 1 Go on and take that
fort, and bear in mind that vita are from the
land of Old nickory.—The gallant Tennes
secan+ returned a loud shout and on they
IMM
SEVERE RF.TORT.-A 111311 who msrries a
rich wife must expect oi e-tsionally to ►have it
flung in his teeth. We have heard a report.
however. which we think most have silenced
such thrusts. A gentleman who had the mis-
fortune. was once exhibiting the fine points of
his horse to a friend.
•
• ttly horse. it you please.' said the wife :
"my money bought that horse."
" Yes, madam.' replied the husband, bowing.
••arid your money bought me."