II
II
U
AUG61,44D1114.851 • . hbnse, in luilding them - iStirlindfie period, and
--- •,• c • • t- • ' not as a. mcide by wlifehVhikiecutive - miciht
• -4 ~ , . i•-•;-. .or .. . .- ....
. • - cause "them 'to take effect, without the res . pobn'S
.
GOT WILLIAMM? PACKER - ',in,. of Acting upon ilientfit, woald sects
._ .
llama. utritd; Jan, 10.—Both., houses as.' fotsfichPi,iro-sO. iilloi be . 6fendOd. •
.:. ' -
I /
, • sertibled. at theatstud hdur this Morning; hOt... • But •ths!..Lea'slat ure .bY its adjournment
. took
.a r , ess to•be pre,Sent at tne. ipaugura. within- tani-d ysaller the passage a a hill,
• tiett -cere onies; and ,on the arrival, of .the I. may deprive the Executive of .due time:for
• .peobessi • proceeded to the plathirfn "erected . considering.
me% it, and hence it is provided that
.i n f ron t:, f: th6e n[ iit n i, -.' .? •• 2s
.• , ..,;( in such case: it shall beco law unless Sent
. - The,. \ t . v'ernot, and .ca&ernoy, elect, , with i back within three days after thetfext meet
the Coin ittees of the two Mantes, rode in: ing. . In -rncidean piactiee a large number of
two eafr ages drawn by r fotir - beautilid greys, bills are •ti4uallY sent to the Governor Within
,• • The h •ds of :departments ands. numerous a few, day;i• of the adjournment' of the - Lim-is--
in - ember of Congress were also in the line:4ll lailire, .whiilit it' is impossible to consider duty
carriag ."- . • -„- , - - . •
..; • . : : tit...fore:the adjournment takes Place: ' "Itt fact
'The - a pearanee Of ( the Governor eleeCini inan, are.isent to hint/ in the very dosing
the capit I grounds - was !hailed with the Most I.hottra of the se.ssion. But it .would seem
eniltusi, tie eheers . .•Oath that! the Executive could reasonably
The std stationed-on\ the platform struck t ask in sttebease.only thh full constitutional
np• Hail Columbia. The oath avtw. then ad- I.periOd of Iten dayii - for forming - his opinion,
minister d to the . GOternor-elect, bY the ifind that all bills he believes. it his duty to,
Speaker of the' §enate,!after which the Goy- I.approve titian be actually signed within that
error ti" ceded.tc. 4ltver his . period. By the exercise of reasonable Wits
' liititigmisall id dresa. . • [try this esin imall cases. be aceamplished.—
.1-
. ~, . *.e rtizEn/ ;; ; —In ,npp e siii i 4, b e t - ,, r 6 I Then, such- bills as he disapproves will be
be returned to the proper branch
you to ter upon ,thy duties.as 'Governor of, I hell..i ea to
Uri the' General Assembly within three days
the. Co mon-wealth; J. consul„ nil o`W.ti „incli
nations n en if orra i l i g *the usage which d t .2
. after litchi next' meeting, according to the
Man& popUlar addrels; ithd,!in -the.first I cor.stitational .provisani.. This will ,proper
place, II _ladly.'emlirae this :opportunity ' to I IY• dispose-IQC .iill . bills in his hand's at the ad
jngrnment; unless indeed it be allowable to
eturn .y . piofimild. and grateful thanks to I
bills and permit them to .become
be f' ta:itle-Of Pennsilvattia, for honoring I nc: ( - 14 - over;
with tb- Chief Exett*ve offiee . iti. their ev--•,1 ashes tit.h(' . ittt, his 'actioti.
~ -
ctitnen . Their 14dttess will never be. fur- 1" !'The propriety of signing hills by the Gov-
Wen, or-will the cen,fidenee they' have tic- I efnoi• hetween the sessions. of the Legislature
used it me ever be intentionally betrayed: has been I -questioned. It does' not - accord .
/sty t. - them-and to , j mySelf. will requiret; With _the Old practice,-and is certainly' liable
tat tat: ottligation..wluch I have, just: taken - , 1 - flit - anise. I 'During inv term it will be strictly
i . di• . rge 'my =pi ()lit . duties With- fidelity i confined to the first e•) days after an adjourn•
tall.. faithfully obserkerf-;'andthus justify, [ nient, and all ( bills tkit thetf tpproved, may
far • Jpo..asibl, the popu_P•tr, decision.— ine •ecinsideeed- as awaiting the next meeting
oubtl ss I. may commit errors in a question`. (if the General Assembly, to lie returned
taalvi.g - so much of i•esiOnsibility ; „ but I -",Witli - thel,;xecutivedisapproval, The Exe.c.
II ho ._. \ that *Mine or them will - be 'of a - i i nave !slionld nut be subjeeted.for long peri
are c meter, or put-due - tire ot xital iniery i ens of tome, t 0 , ,, the solicitations -of those
the .nblie interests.. I crape, in advanteynterested in ,bills, -nor
,shinild he be
;Mari able judgment upon my official r0n..,; subject todie t- - imuntationa 'of °lndecisien,
r-1.-- hat it shall be construed-with kind , !or .favolitilip. almost Unavoidable iii such
is an. loteration st!) . f l ulg s as.it shall , appearTeives. N' , 4' is Wright .that he should have
be, .rompted by sincere, and .li.onest: mil, j ni his hands the niemis l of inhaetiee 4vhich the
,:s--;-• d 1 here crtgage, in this public and
,1• holding iquat of his decision upon bills dur'ng
rial manner, to reg:ird the will of the pee....' a recess!weuld confer. . Besides -a great
Bo pu.bli: good, :Ind the commands: of tirong tray-be done to those' interested in
Co stitution,- as the 'wading lights -by l legislation, byteontiniiing thein for an undue
rli y' eourseds to
..be directed. " Wat.•pet iod in 'uncertainty as to the fide of bills in
e a s -&mitantly th view, I shall, indulge which thhir - rights, their' property, or their
Ole lug tiope of sidting some good in the business !may be invUlVed..• These me, evils
station toisrhich-I have beeitealled by which' tvi 'executive may obviate, by settling
public voice, and• of _repressing seine, his /Policy firmly in the outset of his achnie
which maythrea.e..n the public welfiire.. istration) •It wotild be well, also, for the
.1
e ndivitkial rights of the people. - • ths.Segislature...„-to so shape its'action as to
I/ - to-Citizens - of -0e Senate and -116. use arohlr tint necessity of sending many impor
t. resentatiFes : Ili will :be . my:ardent taut bills to the Governor in the closing days
e to . cultivate with yew as gepresenta- Or liours lof a Session.
. . t
f . the people; the, most Amicable relit- '
nd T tO unite dir w en ith b Yo .an u i h n es tl o te e ado p o tion
i
1 -
- Fell6zo Citizens-:—Although . ii, will,. not
uchteastir e cs i as i the i public e imo the d• may . ..-
! f; altllough - chart - fed with . distinertiti
to beyegar4d b aa parts of one liai. be' expected that I should , at this titiredise,uss,,
in detail,ithe partieular questions which will
probably, come bef o re he government during.
T o y term, I. desire briefly to-giVitpression
a whoro; and it, isaseir , when
all
these to.the general views of publie.policyqo whicli
eve onwirrti isiOeut jai,interference,
;Sion; Neoertliele,a%, the - distinct du
i
I hold, in their application to-practical
now pending,, The currency of the Stateis
t in such a.disordered:ccindit . ion, that a general
the Eiecutiie, when duly and honesdy
and wholesome public opinion demands-its
red, 7t_ b ay lv Occasib e Tdife e renfe_s a tt i t ) l ,, t t e h x e . 1 I _ .
!form ; land the establishment of
.effectual
sulle-s,lt-w
E
II
El
e i n
Legisl tore; but, in, such ease, .
pedien to cuitieste al spirit of compromise
slid: ciliation fr the disposal of such eif
teren s, or, a east, for.itißting,th s e feel
ings o alienatien' to csihieh they tend. - ~
It is eof the dutleS'ofthe Executive fryin
time. t time to give 0 the General Atsem
fi
bl 'in rmation df the state of the,Common
w- )th and reconmend to their considerationi .
su h easures as he - hall, judge
_expedient ;
.
alt .;
r -i
... .
. 1. .
by.
der usage thiS r done
.., messages ni l ties inadeqUatd for their recieniption • Th
et . e r r:d
rt among
t o h n e k e t ih ke i.i p li ub h l i ie. I want of.uniformitY : in the legal "prOvision e s
t *7- an li d se rem a t r u e n
tile State.. ' ljdo - not underatand this
vrer of dictating. to the Generait As ,
• the measures they shall adopt-, no
s it lioxi -- er i . of initiating lags; but as air , -- - ......_ . .-
lug and snggesting power, in.
,n'o' re- backs operate, is objec
I under *Welt, existing , -
tionahle... In. the . revision and emendinent
of our !banking system, tic' public
r rin m v opinioa demand tf • •t , -* of interests,
, ,
..
.e exsension the
~ specie oasis upon -which _issues are made ;
ruching the just and. proper- ju
pea the, legiilative,departmelit ( , f a
ate. In. short, at, was never intended the suppression ut the prualler denomination
,f not . f.!sheretofore allowed.; thorough reports
of the ndithin and business of banks with
their re q uent •P uhlieatifin ; -
Representatiyes -Of the people---in additional' securi
alegar-contrel over the , proceedings
it
.is,
the ty, (other than specie.,),-in egoist of the bonds
iletront of 41,6.
refQre
_n of this State or if the United States, for the
I redeinptidn of - circulating mites, indludinu 'in
f Cornniunication- with them," which, all cases proper individual liability "of iitock.
' de
rn ntly and reasorrablY eXereised,ban -, •
•, -
, fisted fur convenient
just occasion for jealousy, objection, holders
and Actual entoreemeet; with.a supervisory
plaint: The Executive, when - exercis #
m nd controlling` owes in some proper officer
a right, is but performing a. plain 'chit v,
tirsTepartent of the GoYerrirnent, to restrain
n apprehend no 'dif f iculty in • speaking ( r suspend the action" of banks itt-ease of their
respectful - freedom 'even 'orilq.uestions .
tiolation, or evasion of the law: ,
an entire• - agreement of sentiment can
`'
e expected. But there is .anifther'aini - When a specie currency shall be secured
•elicate 'power ;Which pertains-to to --people by.prohibiting the - circulation
. !
ins between .the Legislative and Ei the
eeu- • Pf 'bills of. a small denomination, it will 'be'
By-the:twenly-third and. I partMents.
highly desirable that the'fiseal affairs of the
fourth sections. of the first - article of --•
State •governmetits shall be wholly separated
-
nStitution, all hills pissed by the''Gen- from those of the banks: in other wirds, that
ssetribly,...„and -Most of the orders, mesa. (the • moriey transactions of the governments,
s anal votes in whiclithey,may c.otreur _Loth in. its! 'er.ilectiOns and ' disbursement +,
omitted .to the Executive, sad. if - .d.i. ,
shall be in the legal coin of the/ciaintry.—
•ed by biro can only be made valid by ' Whenever a practicable, convenient and effi
'of two-thirds of -each House.. This cient seta:erne for the operations,of the-Treas
ury upon such a basis can he presented to .
r of AisapproVal is among. the most hn•
int duties .of- the Executive, and is &in-' me, by.the representatiVes cif - the people,-it
Becoming moreso, from the operation will Meet with a cheerful approval. Theri
iolls!and natural eauseti.
.:In inv opin-
are difficulties hi the ease, however, far greater
is the cle4.and binding duty of the than those surmounted. by the wner;al goy=
erninent;_ in the establihment .of its Jude..
five to return for re•eonsid &ration eveiv
t der;ra-olution or.' vote; presented to pendent Treasury system; but the object
i which .he cannot approve=-in oiliir hein one -of. the first magnitude„ and (islet,-
1., that the -assent -of his judgment end lilted t o exer ci se a most salutary inileence
•.ienee '-shell he actual) ) , given • to- any upon the actitm ortho frov 'tin - t
(.. nen „iand upon
thejuitiliess of . the I.47nks end the people,
it
i re ‘liefore7he'. permits it to take effect; 1-
. - • -•
s. Indeed, it be passed against h• ti.
is 0 ite- i
l - is well worthy -of earnest cOrsideiition.
i •
if by a :iwo thirds cote., . The words ofi
. 10 reforming. the currency, a single State 1
I nstitution are "if he approve he,tliallivan,ne,iTkrnPlish: but a moderate ;mount of '
ra it; but i
f . he . f l a ii . not approve. Le, 8 441' , I good, h,owevesineere, intelligent and eaanest 1
hi it with hisobjeCtions to the House in j . it may be, without the co-operation of other '
J
Drib Z . :Words States,!an e specially those which, adjoin it:
hi' , ' it shalt .have. orieirrted"l' d
- not convey' Pulsar : `
rult a and prescribe a j Bank notes are not stopped iii their. flow' by
ut in a snore clear and definite form. -- - I i.inaginary State line, nori l lo es it seem poi-''
I is manifestly tlie'intention of the Colisti- tsible fer a State altouetbk to _prevent for-
SI . ti ~ U that •the deliberatemid conscientiOns : eign notes from eireulatiri b t within her bor
app t via of ille-GoYernor shall beArven to I'd„ers , eren by the most stringent. enactments.
a.bi I before it'beeopres a late, in'addition t 4.1 !cc mUstrt therefore, invoke our sister States
x . *
the appro of the 'two Houses :that- hay to join with, us iri‘ the. repression ,of small '
pro ionsiy. passed 'it; unless the majeritieW ,
1-I?'aper El and in such other. particulars of . re-1
`in'
wardS'given to lit 11pott le-consider:it ion..! !ono as require for complatei success their co.
`in :.eich' l Tiouse
_Shalt. be 'so' decisive as. to (Iteration. Meantime, to the extent of our
i'power,! , let us exert ouruelve: to furnish our i
:..
Ty indlcate - the wisdom! of the meaSure
It 4 • - true Oat upon) thinv'triyial'iw hididt . ...:
:. citizens with a safe and stable currency ; toj
' .por constitutional principles in question , n o t .'that tander which the community has f o e i
. lency may he- taken intor! acetrunt, t;y tiii , . I the GOveinnient in its fiscal' action, from, the,
, Ex qpive ; bit. certeiniy tit; substantial-_ ob.:l l (danger of depreciated Or worthltiis Paper, and
rep where no great interests are involredl •
Iprevent future fitauleial revulsions• similar to
pri ate - rights assailed, considev:oos,of „IL. L some time -been struggling.; 'and - to relieve !
.-j icin, whether of'flpliey or of princiPle, can. j , the eri-berra, ssmentatarishigfrOm °dependence
be° aired - by. him in 'view of ii_Kciath 'lei sup. I tip?» corporations of heeowtt ereatiOn. - --
i
~ .\.
po . the 9.6o4titution. . Ten di7y - it (Sundays I,‘. Th e e' • I f P
peop . e o cnitsylvania, by . the . .receifi
ex uded.) arc 'allowed the Exatartive tO'Coi- j' ' ' d •
a op h tion of an„amendrnent to the Coustoutim
sT r. a bill;and to approve orVeto it. after '
i ca . i.,5.-t e d subject of Public Indebtedness, have
' orb eh it will' beemie a law without his. siu.
i.,,,i,t1
,8 1t e ll r p l OS ' aft imperative obligation upon their
bus eventual of. the I
Wit re, if ,not - -previously returned. The ,
.. ants -to practice economy, to limit expeu;
p etice 'of .my preidecesSors - has been- Derr- i ditnrei, and to•frive their 1.1 r t
• . • . . , .
- ato Ily to permit bills - . to berme laws byl.urae till . b e ,extinguishment °4l-.Cirt" to
' the
this Binitation .of tiine. Theij• hake, taken i t e ''oliss ' t i 'n 'After eight . vea,rsdof..l
'etrestlin the entire absence Ur i Executive 'ties / expe l •'4! public td debt
tinder fhe Sinking fund act Of 18.10, i
. fiat. - I But I. bijitve this has*lY occiirred - ' , y,' , e - •f m rl i e l nee u
where
ihi,Exetva.sie
has found
4,
impossible
~ •
diminished:
public indebtiidnes . 4 but - stightly
d The
. co a nstitu tioriatearriendnient 1
to forma positive;
pinion -upon. the. measure just adopted•
so
sinking'
h em . tn, s the', establishment of;
-e;heee, though . 'nOt Nrinabjectientible, it was. i
4ril., effective_ „ ,n
. 11%' fund ,-;
for its pay meat, and
triyial— • or, where . it wtSrrianify.4 that. a veto'' l _
~
.. ecoltiid.m iconsiller rt one of the leading duties j
Would irot. cause lts'idefeat... This la administration d to see that' hst amend- 1
' tive, Onctico. ought, not to be extended' and 1 ment ) ,i
s i c:art:le out both in its letter j and.l
- praCticeitsclf iS open to question; • Fori,s
, irit '
1 _ cannot regard - the reduction ot the I
if the Provision that:bills neither signed nor ' three P'l ' '
‘ pu I tax on 'pro,perty, 'made . at the last
reitirtied*ithi» Aim days' Shall' veinb I - •
, ...
.ne aws,, re • s • i - of
1.. re, "session' on the Leui:lature Otherwise
it.4,l§ - hrrhidetl'us duuard• Suain4rE 1,. -- - 'ti ) ,, i i-. • ..........s . ' '' '''''' ' '- - •
, .
!lupe,- and donbtless,existiug :
• .
. . -
artit l i 131
W "tin.
record
tory o
as 11
sembl
even
Igor
:spect t
rind ict
free S i
to gis
of thi
the e
/ right
while
give r
1:4"1:301
ing.th
and c
with
nat
inore
rattti(
tire d
went
the a
eral
Lotion
are in
appec
a cob
poWei
lIIN
barrier:l 11,T1InIt future eon vulsiong. This is
a subject ; which will test the. intelligence,'•the
tirmrie. and theipatriotism of the, represell
VeS df the people in the legislative depart
.ment, and may . impose grave responsibilities
upon th Executive. My View's arc decided.
Iy-• hostile to the emission and circulation of
small nOtes t as a. currency ; to the increase of
bafitinWeapital under present arrangements;
• .
=1
financial embari-assments will
duce the amout4 detlived 'Prom
of revenue. Nor wilt any veryl
of the. purchase tncuey of th . o
the publieworkS be.realized byl
for a considerab l e ptiriod„ lt, i
be nncessary.for the State to
resources; and to increase
.he
fin' as is Possible, sjithout opp
interest, in order td meet he
-necessary outlays, the-demand
ors, and the positive), obligatior
amendment]
mendMentj
. There. is a greatlbid.- of ( 4'nsistency and
principle in .the ,laiVs Passed] during some
years in relatidn to! incorpoltions. They
have been created ! upon no s Wed, uniform'
plan ; are excessi4rin - numb° 3. and many
of them urnec'essartY to the. l Mplishment
of any legitimate purpoSe. T i y havedoubt
oeo
lesa encouraged spiculation, end th various
ways contributed to the recen financial con
vulsion. Vaeiclus and inconsisnt provisions
appear in acts hstahlishing or xiending the
1.,e
po4r,s of corporate' bodies of he same class
and!gen-eral charaetrir. Theta laws relating
to them are '.iii Aoir confusi n, and conse
quently lazes ] Paid iby them nequal, while
some wholly eavipe,nny spar of the public
buldens. in .lirie( l our syste of-incorpora
tions has hecothe so vast, dive sifted and• dif
linult of • comprehension; that no reasonable
industry can inastcr the who . ) subject, and
understand pre l t eiselir where wc.are and whith
er we are drifimg. l A thorough revision of
our lads upon !this subject, an the establish
ment ofgeneral -ittnitorm egulations for
each class of cot ptirate bodies; with thenvoid
ance, as far'asi,possible, or 80611 provisions
for particular Corporations, ar reforms im-
perionsly demanded by, the p olio interests
lin wh:ch I slirllafeartily co-o etate. s I have
i no hostility tolexpress againstincorporations
ihr proper ofijlcts beyond the power "ot indi
vidual Means tqui•skili ; nor ginerally against
Wff
islatiVe facilities fi'r the am ication Of lalAir
a
and capital tOlie creation' or wealth, where
individual unprompted Redo will not go.—
t
But no one can assert. that t e have limited
ourselves to Such a policy, in l that our laws
on this sulljeet: have hectic:l(4ot, consistent
;•and jsist. . .
• 13ut, notwithstanding all, topics of regret
or criticism iii our pirblic carq , r,
,(and which
I should bear.tfieir proper frui hyamendment
and refi,nn,) ire may well,bP" prond of this
Pennsylvania COt)t . rs—of her people, het „in
stitutions and, • !lier laws. Scli has become
i great, prosperntis‘ and powlerful ; ranking
!.
l :monadic first of the States and her, condi
a
1 Lion at honie And character airoad bear testi
i mot y to her Merits, and protimise for her a
distng,
T uished ifuture. Bcsid s her rigricultu
-1
I rat •esrecs, Which are great and first in M
,
portan&., she !is'eapable of 'producing in un
told quantitieS thole two ailtieles of prime
1 necessity antittiniversal t,se.-4 , Iron and Coal.
I Even in thesti , times of vide--read - financial
calamity, 1 i s , 4114 n attd extravagance
A Te l l .pc C.) . 4
Ihave 'done their worst to cripple the opera
tronspf capital and stay the lrand of labor in
1 its - useful tali, the leadiu ,, - , interests - of our
„State may bci counted anion, the first 'to re
! viv r e andto farnish a strong and reliable ha
-1 .s '
' si for the resumption of activity in all the
. Nehinces of employment, and in all the
opera
-1 tit of,t.rddt. That gmeronent
would be
1 unwise and Rind which w uld administer
. I he - putille,alT4irs of this Stat. - otherwise than
in a,spirit oNitudness and pr tectien to these
great and eapitM.interests.
i From the thirliest,period i
has been the 'policy.' of-,Peni
i elite all her citizens; and'ltt
4itutions of Warning and O N
:tire eqn4l to rthose of any
Common Sel+ll §y stem is
' it
ed as one of I the most pract
in the Union.,! Let us then c
tional policy coming doW
Gathers of thd Commonweal
mesas in out power a str
-the measuresinow successful
result so arPentlj desired
men u - ho havb gone .before
't Vhi le'our oit;ineo.le. afFeirs and pol icy natu
rally will Occppy'rnost of the attention of our
i Government
that
our peoplt it is not to be
! forgotten that Pennsylvania i ears very. inter
.l
esting relations to the Othor Staten of the con
efederacy, and looks with. an anxious eye to
Ole' proceedings and policy of the General
Governmenti It is both "o ir duty and our.
interest to diilthate th \m 41 friendly rela
i Lions 'with Our sister S t s, and to frown
l upon all attempts to sow at° ina them feelings
of alienatiqn. .We sat 'ull exert -our
whole Influlnee to keep he government
i
of the Unions in its tru@ . po don, as the cum.
,men agent of the states an the people, exer
cismg high powers in. trustf their advantage
`land welfitre, yi q d deriving a its powers from
the written `constitution wh eh called it into
1
being. At thwe is time h. vestrong reason
to confide MI that Governnlent, as we know
that its iadnimlstration is ?n laufe, able . and
I pat riotic s chatids.; and that if ' may be trusted
( to deal jufnly with all sectidps Of the country.
. - It;sobordination,an tack 'disregard and
Contempt ofl just and lawful authority—has
; heretofore pfuduced diffichlties in the territo
ries of Kansas and Utah, and, i the case of
the latter,has now precipitate a state of
armed hostility between tie inha itants and
i the General povernmehn; : the former, the
I peaceful Arrierican respell; i for the redress of
i political gr+ances, real a imaginary—the
1 ballot.boX—ba's been for a ,Mg time abjured
by a considtttable pOrtion ' f the population,
and a struggle - between .li 'al . authority and
unlawful and irregular Cora 'nations continue .
down to thelpresent polo Meantime; coo
t tributions of money and ii" from the States,
i lia‘4 kept. lip.excifetnent nd turbulence in
( I
i the Territory, and enablild designing men
i there -to inflame passions which otherwise
wbuld lungisince have sub Sided. The judg.
i ment and opinion of the.ountry cannot bu
i too strongly consolidated in favor of the.
laws,, and against nil Who. rise up to oppose
1 them by unautherized m ns. Nor can the
e lt..
excuse for iesistance to th Territorial laws,
and for failing, to perform the duties - of citi.
1 zensbip under thqm. thilt ivrongs and frauds
were perpefrated at elections, be admitted
as a Justifirtion. Wher.4 elections are' so
frequent and the right of f•liffrage sd liberal,
i as in this clountry, it is pilculiarly the duty
I ofa good citizen tophey eiisting mithorities,,.
`and even Objectionable tsars, knowing that
the Ilirmbr !eau be changed and the - latter
miidificil or repealed within a very brief pe
riod. An as to ,disputi , d . .eleetions, they •
must be deeded by the pro et legal authority,
and not Ai ) individual cit zensivr irregular
self-constituted assemblages.,
Insubord l mation to 1,1 . eteGary and rightful
authority, instigated and elnouraged by un
worthy men in the„organized States, who de
sired that discord should ~ntinue, and were'
witting to . ‘eintribute' to. tat object, is the
prolific fountain from wit' di the troubles in
-Kansas hale heretofore rocceded. It was
natural, per,haps Inevitabl , that this conduct,
' by a party/ in the Cerritos ( y should, proviike
Ml' opposittl party 'to Mart'unjustifiable acts
and to tn.upli imprudent and unreasonable .
m re;.
act % and r
conduct. Thus extremes upon'
I L
each other,!and when the 'wot aredoe,d and
individual aetion Jet los+, Wrong, outrage
. au'a .violenge are necessart result:
!The last phase of . thet.Kansas question',
which is upon the constit tion'framed by a
Territorial I Convention,' i 4 peculiarly for the
i t ,.
judgment of Congress, to hich the.power of
admittitrY new States iS • tended by the con-
IME
or a time re
titer sources
hale amount
main line of
stitution of the Union., The.
of the people and of ..the tates in COngress
assembled, will . meet that ilitetition'under all
the sesponsibilities which they owe to their
constituents, and, which :areiniposfe upon
them by. their oaths ofoffice.; and with full
information .upon matters of fact important
to the formation of a final judgment. g'vents
are constantly occurring in the territory
which will afford matter for Congressional
debate, and may affect the.ultimate decision.
the Veasury
it!, therefore,
;husband her
,revenues as
.iision to-any
enrrent and
. ot, her credit.
of the eonsti
...,
TO the people pf Pennsylvania the admis
sion of a new State Into the Union—into that
vonfede!itoy of which-she. is a member—must
be at all times a subject of high interest.—
And I believed expresathele s sentirfienta as
well as my own;in..tleielaring . thate.-4,the
qualified.• elettiirao f aiterei tory, alteuild hate
a full dad fair.opportunity-to participate in
selecting delegates to - form:a Vonstitutinit
preparatory to admission as a State, and, If
desired by them, they should tilsci be allowed
an unqualified right to vote upon seek Con
stitution after it is framed. ' Of Course those
who then fail to vote, In either -case, cannot
complain that the preceedinegees on without
their participation. It is - tit be hoped that
Congress will make such peoitsitin for Other
Territories that the present -difficulty-Will
have no repetition in the future. •
In conclusion, permit mertoobservC, that
all experience and reflection prove that the
moral virtues form the - only firm foundation
of pulflic order as well as individual charlitler,.
and their support should therelhre engage the
profound attention of . Government, and the
co-operation of •all good Men.- Frail indeed
will be ` any 'structure reared fur the regula
tion of tioxiety, and the promotion'of mans
true and substantial happiness, unless it stand
upon a foundation more permanent than pa
.per arrangeinepts, or the fleeting iMpulses
of the hour The recogOtiort of a Great Su
preme Nwer, which rules the•allairs of it
.
tious and of Iner,is the only support .
of thoie
virtues which can make a people ilkfingilislied
and prosperous, and give to Government
duration and success.
the Divine guidance in th pertOrai-inee of
duty, I asminie the post assigned .me by the
people, indulging the hope that at the tenni ;
nation of my service I ;hall enjoy the appro
val of my own entiscience,•and behold Penn
sylvania advanced and secure in her position
as one of the great communitiesof the New
World—her standard aloft, and proudly
bearing, untarnished, her tnotto Of . " Virtue,
Liberty and Independence."
. _
the WejietOepf Repqbsim.
G. F. READ it IL 111-FILAZIER,EDITOI?.S;
F, E. LOION IS, CORRESPONDLKO EDITOR
14 . 0 ICITRi t SE. P A. _
Tlatirs4a . y, Saonary 2S, 185 S.
f Our history, it
ylvania to edu•
this tirne:our in.
ltional facilities
country. Our
i-tly distingukh
calaud efifsi/nt
cash this tradi
-to us from th
,and by every
and strengthen
y . producing the
the patriotic
ingr This Paper, haring a larger circulation be
eeFeral , hundreds than an:r other in the County, is, of
course, inuch the best medium Sot:advertising.—
Tboxe interested trill please take notice of the fact.
ter It will be seen by Governor'Packerfhangig
nd, that; Wilk be Vat pains to endure .tfr.
general,l uchanan in general, condemns the principles on
which the President advocates the adinission Of Fan
-811.9 under - lie Lecompton Constitution, taking the
some grounds as Senator Douglas on that question.
The Douglas wing of the Demdcracy seems likely to
prevail. it already includes a large majority of the
party In the Nortitet;rStates.
[ The very latest news ,from Kansas is that Cal
houn, Iv rajrrrinq part Of thiiNtiturns 3 , has decided
that the pro slavery men have elected all the State
orncers, and a 1n:04 , y of the Legisfidure. Therree
State men say they will never submit to the imposi
tion. • •
f ro -The: case of Thomas Washington Smith,
some account of whose, trial at Philadelphia' for
shooting Richard Carter we published last,weet,
ina verdict of "not guilty, on the ground of
insanity. at the time of-the commission of the act."
The verdict is in accordance with public sentiment
in Philadelphia. It would be difficult to find a jury
who world convleirin any ease !of a similar
.
To say nothing pt die plea or insanity, 'the popular
mind of the country recognizes Smith's act as justifi
able homicide.
[jr' Gen. Scott is to sail in the neat Steamer for
California, whence, with-the regular: troops in. that
section, and such. force of volunteers as may be need
ed, he will march for Salt Lake City, in case things
there continue to scar their present aspect. •
or The- German, Muller, recently on trial a .
Wilkesbarre<tor the murder of George Matthias, has
been, convie,eit of murder in the first, degree.
pr . Tlie salary oteach member of the President's
Cabinet is itaitoo, instead ofd MOOO as Ftnted in a
'list of public officers which recently appeared in this
paper.,
To the lion. Senate and "rouse of Representateure of
the Commonwealth of Penteyleania.
Tour petitioners, citizens of S.usquehanna County,
in 'said State, resreetfullv represent to Your Honora
ble bodics,'that tlitti are laboring under many incon
veniences and - rliffieWlties. gptstirtrturof themdmin
istration of the present Scheid 11w. And your pe
titioners pray your Honorable bodies to- repeal so
Much of thettet passed the Bth day of May, 1854, as
provides for the Election of Six School Directors. and
instead thereof, to prolific for the Election of Three,
itud-they to be paid a reasonable corupensation for
their Services, and subscribe to en oath of office the
same as other township-officers. And your petition
ers will ever pray, &c.
copy of the above petition has been furnished
to is, with a request to notice it favorably, ifeonshu
ent with otir views. Although
we have not paid
particular attention to the suideet, we are...disPosed
to think 1114 a less number; of School Directors. is de
sirable--that three would be better than six; and
we can see no good reason why they should not e.
ceire a reasonable'compensation for their - sokie.:es,
as well as other public officers.
Mews. EDITORS saw a note in your_ paper
last week:stating that It. iii6COIII4 was to be preached .
from the words, "As the tytefalleth, solet it t0y...,
I am sure there is no stieb tkentenee in the Bible, CO
our English verslop IrnalTittep by men wlio.umie* r .
stood their mother torgue too - wiff to say 'tiny" for;
..lie." ' •
'8„
. •
mr It is rumored •at Washington that the
Southern Stalf:siren takeineasnres •to
whi -
draw their delegation* fron Congress in "the
event of the rejection - of the Lecompton Cirri:
•stitution. The mov.ernent : of the LegislatUrn
of Alakaina for thecall ofii9onVention upon
the contingency ne.med, is - . tlie .first •step to
ward the ohject The pi tions taken by
Gov. flicks andfOov. Wise; however,. do not
lavor a union of action on the part. if, the
South, and thi•probabilities arc that any su6
movement will end'inr a failure,' and'
,subject
the authors tq the contempt ot.na.. sensible
•
WM:F. PACKEI!
School Dircctom
For ;he.:lndependoil epuilicati,
'Lie" v s. Lay:”
PM
Reported for the Independent-Republi
Rethirkable wit:l44o*X,
TRIAT, OP WALKER GEORbil AR
- ISDICTMD YOU VIZ
MURDER of HIS BROTHERI.WIR
Court of Oyer and Terminer a Sosq.,
MD AT
VIONTROSE, JAIrUARY.
^ 18;
, _
=Judges David Wilmot, Uibane
-rows; and C. T. Read. -
The" trial of WaWei George Archer, hidiet
Gittrniirdlr of his brother, .William .Itreber, b
,
tug BIM with :trifle in November list,, Was coat
!
. . ..
.on January:ost; 'MS.': The pro
.. ,
eras vmdtieted by Franklin Fraser; Esq.,Pros
Attorney, - and D. 13, Bentley and, L. F:Fileb.
Thishnell;tiq'rs.' Judge Jessup and W: 'II. '
Esq.. oonductOd • the • defense. • The followin. :
WA9 .. -121' 'patirreleij In the case: Charles Dunn
Direhard, Mortimer Gage, jr., Edward Moog, i
Smith, John Brown, TaspdiEntniey, Mich& I
Mflbourn. Oakley, Daniel Shelden i George S
Thomas - Melton. • The prison "er, a boy of So
teen. years,of age, being. arraigned at bar.
. .
Court, md' the indictment having been read
plead
" not guilty." The Prosecuting Attorti ,
ing stated the, ease to the Jury, the following nd
were called on be half pf the Commonwealth :
.forge 1% Washburn; iirorn.4-George Amite
'to my house on Friday, - the 2Oth of Nov. I
that William had been most d---411V hurt.
i bow. Be said that Bill and the old nem In ,
fighting again, and Bill had got hurt with a: t
then left, and said he was going for the do I
then went hp to Archer's. Archer lives in t.'
of Ararat. As I went into the honk Mrs.
! sat by the fire, Mr. Archer on one side and Th
her l 4 on, upon the other. Mrs:Archer acted.'
,Iy, as if she was out of her head. I stood ,
.
I minute or two, and then itassed into the roo
I William ivas. Ile la;' "Oft the , hed ,groanit 1
tttrried over and showed...op the wound. /I
entered between the short. ribs, I. retttitt_
lan hour at Mr. Archer'.4. The prisouer did
: return while.l
,was there. Wilfiam apparel I
. great suffering., 'Wive about eigl it tsood. POI
i er's. It was near 4 o'clock %then George
• my house. , I
t, 'regs..e: eozient-Ithett G••orge card, tout_
he Seemed agitated. I started right away:
not say alia! Doctor he was going for. .M.
ask. The wound was on the lett side, dos(
back bone. It was not over Italian Melt fit:
Stephen A. Reynold-I went with 1111 i to And
l e f t hin t there, I was not with William 1111
ten itliatal.,S. NO one case came into, the It t
sides myself and 11Jynoltis I believe.
Dirnlyr:ottiieil,--I discovered thiit Willis I
was bloody an•l swollen.
Dr. I), P..,,liretrultoe, meoryt,—GeNrge ea t
me to see William. I could not state t h e th
month, but it was the day Ise. was shot.
George how it happened. Ile said that Wil,
the old man had 3 Illi , . William had a gun
I gang ,to shoot' the old man - , oho tried. 10 IN
' gun from his ; rasp, and it went off and shot '
sin the kg. T his" is what I think he Said.
I be did not bleed much, butt that he Caine rit
I for the Doct or , lie came to my house aim
I live about seven or eight miles from AMP
way we travel it.. The horsts were absent
Caine, so that I was delayed. I left between
three, p. tn., fur .Archer'e. I ant a practisi
sieittn and Surgeon. When I arrived 'at A
found William laboring un der a great-deal
writhing in agony from onctside to the othe,
Archer and George were there, and Mr. Are
came and took care of my horse. When I
Mr. Archer assisted to the boy over,.
could examine the wound. I
.egtmined it
and then stept hack iatolhe other Mom.
Mr. and Mrs. Archer, and George, *ere i i
I time. ' Mrs. Archersaid that George was :
I cap on the gun when William crag passing
it went off accidentally and shot him.. The t
he told William not to go out, as the gun
et - and might go off. After conversation' hi
place„ George took. the gun and stood, as hi
in the same position as he was when his bet
shot, to Show Me how it occurred. It was i
f, to me'le , any person where William stem!
1 received the fatal wound, tow whore he fell
, front hi= amount, was within _the door, two
feet, when {Gilliam was shot. Mrs. Arehe
the sane gnu had gone off hefore;iti the S.
ner. Other members of the familystatetiv
t thing. " They said that the lock was /Hien)
I men wonid not searal. George tried the
i add it set every. time. Ili cut again into 1
where William was. Mr. Archer aided in
ring hint over. We then probed the \cot
countenance was deathly pile. There was
I sweat upen the face. I then pa sad the p
ieso-1i5e......1, ac., 'Macs or,„more, as fi 1
*Mint. The hall appeared to have r ...•
oblique direction. It passed within half
fourths of an inch of the baek-bone, and pa
i-towards the right hip. • I made - no further
titan of the wound. There was considerabl
i his shirt. 'I considered the wound mortal,
pressed, myself to Mr. Archer. I made m:
tions and then left. I remarked, just berm
parture, that I should like to trace the
course, after his decease:
- .Croax-rsuntined.—My opinion was the the ball
lodged in the right hip, from the pain he implained
of in that region. .(The witness here gave the Jury
a description upon the person of the prise t or, ef the
direction which the tall must have taken. As you
step out of the house, the ground is very. fear level
with the floor. • George described tome th t William
was near - the muzzle of the gum When it Ott 01T.—
The rifle was, I think, short and heavy. - (ITere the
witness was sherrA a rifle hy Counsel for the Corn
; monwealth, which he said resembled it.' The wii
rness then described to the Jury the positit n the Pris-
I onsr said he stood when William was sh t.) Front
I the direction ofsthe ball, it. would not Ii ye struck
lany bone until it - reached the hip. Geor -or some
i 1 one said that lie put on the cap to fire at - stomp.—
i The prisoner, when he came to mv s house :staid b a t
1... it short time. „Thomas ltdwel and Thom ts Archer
Caine to Mr.. Archer's before I left. ) • . Milt there
w•tts'a slight wound about the nose, but a trifling
'Character.
~
11 ' Dir'ect resam , ,L—ln my judgment, the wound'up
-lon William was eitused by a ride ball. .Iv opinion' ,
was at the time, and is now„ that it Might have lisp
pened as they allege, by accident.
Doeiti A. Brush, ororn.—l saw the planner as I
I was going to Potter's mill, on the day 'i illiam was
leet. He was going home, had been for he Doctor.
I said to him that 1 had 110110 1.1. had ob for ids
1 brother, Be said that he knew that, he he could
I not help it. I asked hires who eollifliellet. / the Atsr,
I Re said his mother was talking to Willie a at the ta
ttle, that he got mad, and got up and w. i gohent .
her, when Mr. Archer tried to keep hint . of, Wnen
William clinched him and threw his, fatly w and fell
top of him • when he (George,) tint!' 'sis brother
pulled hint or' Then William took t1,0,' n m a - gm;
and was going to shoot Mr. Archer, Ind et old not get.'
it arOand owing to the stove pipe. .Ir. Archer
clinched Bill and took the gun -r.sniy ant carried it
out doors andlaid it anvil by !lie ftince i i the scow,
taking off the cap. • Mr. Are...ter then w nt into the.
house, to get..Williton's 4:le:thes. Aft& 1 `had gone
up stairs, William:went out and got the .gun; came
into thehotise, and sif*,: down by the stow and corn;
meneed wiping his ',ilk., George said h: expected
that the 'TsoLs was all over with--took do n his own
gun to go lifia.eg rabbits. Mrs. Are ter *as on the
other side of the stove, baking pfineakes when Wil- I
Ham-knocked her over with his gun, Slut fell on her'
face, and he thought that William had ki led; ber..,-.
Willis'M then rushed at him with his gu , when he
coel.ied his to try to scare hint—but be w s so seared
• lArnself that hit gun (he mind not tell ho ) 11 - mica:
and William fell, and be immediately rn ,for a:Doc
tor. Ile said that he dish not stay to 8,.. where ho,
'it him. George said. no more to me, b. t went on
htime. . .
Crovexamined.-1 told Georg:,' . that
was shot it 4 the hack. He Said he did
that be, when he was coming - at
to Archer's previous to this. conversati:
there about eight or nine in the inernin
versation with George was in the Offer*
!Inlet the prisoner. he was nhoitt two
Archer's. I lire from Archer's half a
reason of ins going up there, was,j'athe.
talking Orbusing a gun of George; ~lle !
to tell him what-he Would give for ; it.
George to say that William was shot in th,
said thaelie was fixing his rifle when it
Janet - Walker, sworn,—l. was tit the i
the body of the deceased. Examined
!Liras on.the left side of the heck hone,
Welles from the hip. The shspe'ef the
round. The bill went directly in. t;
home Saturday night, the eh
(Question , by Counsel for Prosecutor,
Was sworn at the inquest, and iliathe •
;Meted to' by Counsel for trisoner.
titined•by the Court.) 'As we were So
the bars, Prisoner. said, "We :have no
we bare got rid of him," or Wol.de
Tide *as said when he was going along
todrof the Constable. fie tiild.Me he
door, his back towards the store) and
cap on hiigun, which lay acrossads lef
_ . .
•
I caughto e mugs eo , th e gun oft
s iv h ar ia m ge a t o da gro cu w eeti t g e lc - Vd andti h n e ll ir, o* %l ( l, ll......g et tao i lsd.
litin hold r iti - '''' . Jr i .. : . '''' -Ai - -' '-ir . th at ''' -' ---
'
right side es he 'Wentr . ont, pulled It Mend, and..liav-
Mg triehiMf it Oil he pulled 60W:weer out &mg nn- 'him- he'd better do so, - for he'd - tutesed ';itiCti ' 't
derldiffitiger, an d then ram
..Gle 'said by. hies run-. deal Of. trouble. I th en said ..I'd - . fetch-14s Clothes
1
•
ningmid
_having. hold of the gun , it iwnn jup against down; and Went up 'dales.' As I •waki - goligg'itip. lie
• btif kuick, led the gun Went off,-but ho it not think I se -Ore by . Chriat lie would not figurekiln& soot be
ituitWillietn-witi shot at the time. GeOrgeitold me 'fore he left the-hotise.. After thistle - . , went:Mg and
that* fel) : Toutaide the gate. The gate..;from the got his gun; and Went up stalmand Pet another cap
door was eight orMine paces. -. I paced it, that' night., On, !His neither. then fitatenedthe.'chamber d00r..-
When !Wiliam fell,he said, hetin for the Doetorah - d Sio , eame down, and. when ho got aAi . root of .the
lift his fether to take him hi' the bOuise. lie said' he
,stairs he' burst the door open.,' Wherthe got 'down
- .0 - dtiheietwooto go and`hunt rabbits..,. , in 'the noon ; he took his ph raed 'Went up' to. the
Oren-exam Inerf.-.Thit Constable was present when stove.: When- I was np stairs,. heed Theodore 13ol e ,
• ire, 'were alongAre-sgad. We were talking about hew.) As soon as he cried-mg, I heard the report of
'ono thing and another, when be mid this.
..I believe' a' g ri m-emu:down stairs as fast as I could. -found his,
he said that they hula fuss - when` it contmenced.— mother lying od the floor. I thought she *as shot.
Be WM& that ho bad loaded the gum the bill beinglit Blood was running out of her Month: . I went to her
.only two 'or three itches when it went off. ' Said that to pick her up---Ihen got some •,irater to yeah her
Wlfilani and himself had had no fuss. - The bars led' Inouth . out::: While washingher mouth, hertid RYA-
- out, of,dlr, Archer's: lot. - Abut five. rods from the 'liamtoritelde•st the house say, "Oh ; oh, I anishot, t"
.house. What he said was directed to ha one In part. And hearil George say; '",For, GAY Wake, ' tither,
*Mar. The Coestahli was:near by when - the re- come and hale . him in; andj Will yne ler a doctor."
InaCks' were made. - I cannot say whether • others )Fetil oig and foetid William just outside of the gate
were by or not..„ Thin was Saturday night,,aboot ten,. —picked him is - fi - iand carried him in, Mad laid him on
o`Ooek. -.-- . . - '. . - :the bed. After that ' believe - I went and saw his, bleithefif A: lieynOfile, Siont.-2-I went Pi Arches's Mother before doing anything more..! When reame
the morming.lrilliam - Wershot. Mr. Washburn went ,do!n stairs, George was by the, deer with broth.
:with Inc.,. c,Watthburet ;Mum down and glinted inc .to :Ler..! Should got think it giari More than kguarter of
go' up to Archer's as soon 'as I .could."' When I' gtit a tighaete after I heard iiongithisig • talk that I heard
there, mrs..archei sat by the fire, the old .men and 'the guns :There were in deg houakilien this occur.
'
Theodore on-each 814. I• ivent - in the room. where 're,t4 myself's:W*lk George; /letirY, - and Theoddre.
Wham tt_Y,.._ , Hr. ,Weibbitth stood by the side of When - I took rip William, George had - got". th rotigli
the bed: William appeared 'to be in great pain. We the.:keue, and was gulag down- the road, . Willi a mi e
asked him how he got hurt. Ili said that he was gtothiy about three yards fromthe door, eteseto th e
shot. - Mr. Washburn examined the wound.: I did :path: I pointed outto Mr. George:W,alker; when he
not:. I saw th e wou nd. . It was on tbelcft side of was surveying, where the gun lay, and where - Wil-.
the back bone. harit Tell. I did not observe where George's gun.
'Dr. h. P.:Brundage, re-called. , --I should think ,lay." I saw him a little before that, trying to ram ,
the ball- passed to the r ight of the false ribs. -- I made !doifn the ball withm stick, - but could not do it 'Very
eh examination ; it did not
hit the secontkrlb; Th er e ! well, wizen- Theodore took- the beetle and: helped
*ere no obsteuetion to hinder the course of the ball-,1 him. This was before I went up stairs. George said ' '-.3fre. ilaanah 7'. Brush, saorn.--I was at Mr.:l be would fire it off at a stumps-as he said , this I •
i !. went up stairs.
in ,
Arlber',e the forenoon, He bras 7'19 in great distrese,
groaning exceedingly. I inquired of Mr. Archer, Cross —Slioulii think the quarrel' lasted
near the foot of the bed, (the room was small,) if ho neer batten „hour. Probably ten minutes -of this
thought he would ever get better.
,lie said that be dine we were at peace. . When I Went 'up Stairs,.
fared the w end would przve fatal. - . . I William had his gun Millis hands, near the . door.- 7 -
cross-ram, aned.-:-This conversation was betvreen 1 George stood in the door. Hy wife Was by the stitve,. '
the' foot of t h e bed and the 'window. William was , a ) . ard = or morefroM William.. When I eagle -dower
groaning_ very much, :a thrice, 'before I left. I do ; she was lying by the . stove. When I went up stairs
not know whether William knew we were , canvers- t William was between her and the door. 1. 4 ,7 as about
`
Me or not. . I five minutes washing hintouth out. When I came
'Olivet respeo - d.-Witeeever 'William railed for 1 down stairs, the door that goes out doors, was open.
anything, it was-very difficult for him to speak. I When William cried out, he was by the gate. Can
eritrne A. Brush, !MOM—I - have been acquaint- t not say as I saw Willinin's gnu, on going out. Can
ed With Wm. Archer for s e v er al years , Should think ! not say :tiler George's gun was fired, off, that I saw
he Was 21 years of age. Ile was no taller, I should ! it. ,
_Before I went up stairs, William bad his gun iii
think, tit:m.llle 'prisoner, lie was pretty thick, set 1 hi 5.11.47,41 as much as ten minutes. Ills_ mother was
andfsolid. I Wait. there before noon, on the- day he' getting breuk&st. 'William was sitting backside of_
was Shot. I think' by. his appearance he - wae• in rthe stove._ It was a cold day. The report of the
groat distress. I was in the tooth, with Mr. Archer.. f l . gun followed the fall upon thri floor. Could not ,tell
Think there was tie one else. livits near the foot oti whether ate report was in the house or out doore—
the hid. Thel4lolll was small. I asked . Mr. ...tither Dill tint hear any quarrel before the fill. upon the
how William felt. Ile soul he 'was no better. I , floor When up stairs. Chester. and Liinan were the
stood and looked at him a spell. :Mr. A'. would kelp 1 Washbiirn bops that' were going hunting . with my '
him up and down. Ile appeared in - great distress.— 1 boys. They did nor come up - in the inornet.--were
-I told Mr: .Vreher, by the appearance of-thing+, I did -.tip in the fbrenoon. Cannot say what time. Willie-fa
, not think William would live -4 4 hours. . - ' had but little to say whenl advised, him' and told
'. Cross Erandarit —William might have heard the , hiM what he liad . better do. When he said he . would
realm k I made to Mr. A. I was near the foot oldie ) trot leaven liring- soul„ in the boise, George was
bed—stood between the bed .arid the windowe-my I, standing-by the door with his-gun. 1 told Iteenoldi
side was towards the bed. The die"iirooin went the f I expected sonic of my boys would get killed with
whole length of the holm. The a indow is in the -t their guns, they were so eeriness a itli them. .
southwest part, in front of the house. I could riot !
. Theodore Archer, morn.—.l was at home 'the
say whether the door w a s open, lint think it was. 4- -morping William was shot. -Father went up stairs..
The door was opposite the bed. We stood near the ,Itlillittni drew his gun, and knocked mother down upr .
foot of the bed. on the floor. Ile struck her back. f the head. Then.
- (The Counsel for the Commonwealth here prel . posed - George. was standing Inside- of the door with his gun.:...
to give in evidence the declarations of Williem.tuade -William passed hint after striking his mother. Wheh •
previous to the arrival of Dr. Brundage. Ohjeeted Ihe went to jumP, I hollowed,. but. before I, got - the '
to by :Counsel - for prisoner, op the ground that it had - words .out, lie was, , past the gun. ' Ile . went about
not been shown tlrit William considered his wound three yards and dropped-his gun, then wentabout five
mortal at the time the declarations were 'made, and yard; and fell. When William went out the door, I -
objection sustained by majority of the Court.) A MOM between the fireplace and the - stove. When
David Brush, re-called.--lhey wanted William . for the gun went off' was.lookin,g at -William. He was .
take some netts; Ile said he would - take them, but I before the gng when it - Went off, I expect. George
it would do him no good. This was Friday itightbe- I had the gun upon, his arm„ and his hand upori tho .
fore midnight.. Ile died the next morning. I,do I lock, the muzzle rather down. George, after the - gun;
not remember his sayinginore. , . i went off, -sift it down and said ," Father. d'lL.go for
Oearee A. Brush, re-calla-1 had a conversation 1 the doctor." . Father came out rind took him in.- -
with William, as. ear as I can recollect in the' fore. 1, Think mother was sitting in a chair, When' Whet;
noon. Ells appearance was as if he was badly hurt. came down stairs, mother lay on the their.' - Henry
Ile would roll and t6ss - -:-at times he would be easier. f helped her up. • William went out on the rt'.lit bend
Ile had the appearance of a dying man, to me. ,k -side of George.. I !Mitered because. Wiluu jemped
Cross examined.-1 discovered his nervous sys- ' t 'out- towards the door, I saw that George wits going
tern was badly,shattered—he shook a good de l d.-... I to shoot at a mark on a sternly:int( I was.afraid Wil-
Dill iibt see him getup without help. This wits. be- 1 Ham Would get shot, going by. Could not.'iixactly
fore the physician got there. ' . - tell !few far William was
-from the gun, when it went
Mrs. Brush, re : called-1111/iam coinrilaininl of he• 1 off -
ing very chilly—itupdred if there were any bed
clothes in the. chamber. I thought he was near his
death. .
,
StgArir A. Reynold.", rivalled.—l saw William's
'bat, the first thins' I saw when I Caine through the
bars, sonic two rods from die /louse. . The gate is
some two rods from the house, The hat was six or
eight feet outside the gate. It appearbd - somewhat
tracked up, where the hat was. I saw seine drops
of blood 'between where I , found . ' the hat and the
-Leese, ,
Lircers.examin , il.—There was snow on the ground,
d traekS on,the snow. '
dames C. ilashnell, rworii.—l saw the distance
measured froM, the house to the gate. It wits '22
feet. , Saw the wound upon William. It was near
five-eighths of an inch from the backbone. ' The ball
hole I should think was perfectly round. I made the
examination after death
n.'
der
5
90mtY,
EMI
iiii
!to he in
laloe to
house,
Ile (lid
r did I
to the
1m IL --
i 4 t .. . . i
re than
raise be-
!11 , 40,C
r :l3 COfl
or three-
er , as-cramiu , d.—l laid the rule across the hole,
it was one-half ins:lila diameter. The Coroner's Ju
ry were qualified, ant sent in to. the room—about
seven o'clock, &tat:day evening.
- George A. Brush, re-ealled.—There, was a coat
' upon the bed, which Sirs. Archer said was the one
William had on. I examined it, that Moritine,-.
There was a hole in the coat that I should think was
made by a ball. (Mere. the witness was handed a
Coat by the Counsel, which he said be thought-Was
Will‘nt's.) I looked at it in particular. I discover
ed nO effects from fire and powder around the hole.
If the gun had been within a few inches of thetoat,
iewould have' been blackened, in my opinion, • If
the gun'had been within six feet, the hole would
have been blackened. I have seen experiments tried
to prove this. (The witness then showed to the Court
and Jury a coat upon which.experiments had been
tried.) Mr. Webster, the Jailor, was with me when
we tried the experiments. The gun used belonged
to the prisoner.
Crags-examined—Mr_ Webster 'loaded the Ityn. ,
Th e balls were driven down. Tim coat was Laid up
on the.door sill.. There was tre upon the coat af
ter the discharge.
llrs Brush, re-ra11ed.7.4 saw William's coat that
forenoon, (The witner4 here was shown one which
she said was the coati I examined it at the time
and found a hall-h6e,
Dennison.Tylee:, sworn.-. 7 -I examined the wound at
the inquest; it was upon the left side. It looked as
if the ball wrat directly in. There Was no appear
ance of pouder.
- James C. Bushnell, re-called-1 saw no powder
around_ the wound. 'I examined it closely.
Crass•examined-1 examined it the' evening the
corpse was laid out.
jpsepla Washburn.; re-called-1 examined it close
ly, and found no powder. The hole had the appear
ance of - going straight Should think that the
wonntlwas on the'L:ft side. „
Dr. Bru»dage, se called—William's death was
caused be the wound.
C l .'
, -ed down
: . e il a o rn m i l l o la t;
, ild $o ex
%. presxerip
) e my de
al' hi its
a
1
I
(
.
'
Irifi;;fon lt. 7:),d,r, saw the wound. It
was round. The ball went directly in. saw nu
powder around it.
Wai.-leeynoat, sworn.-4 examined the - wound,
but not particularly., The wound was round. The
ball had the appearance of going directly in.
• Sterents, .morn.--} examined the wound ;
it was on the left side. It. was round. The ball mnst
hare gone directly in. Front what-experience I have
had ill the tom of firearms, if a person should bencar
the amide it would tear the clothek'and blacken tke
skin.
Here the Prosecution rested thecasc-ss Judge Jes-
I sup then opened for Prisoner,. and called :
-149eqrge IVa/ker, acorn.—Am acquainted with the I
rekdeuce of Mr. Archer. (Here .a. diagram of, the
place was shown the witness, which hesaid was ear.;
rect.) The house is twe nty-four by sixteen. - The
width of the bedroom i. ight feet. Distance from
front door to gate twenty-four feet. ; • • I
• Win. Archer ,
den., morn.—The 19th Of Norma)).
.ber; Mr. Washburn's boys agreed to. come up OM.
.next montiug_and go a hunting with my boys. ,We;.
got op-iii the morning early, and went about getting'.
breakfao. 'Three of theboys i Haney, Willitintomtl
the prisoner, sat down to eat their breakfast: , My
other son was with me at work. • Willkint and 'hia
mother had some difficulty at the table. William )
'cursed his Mother,' and called her a wh—e, and said I
he'd , kick het: outdoor. r then-told bitno stop, for
there had been enough of 'that for the la st two years:
With that ho rushed on me. Put up my,- hand to
/dap him. and hit him on the. nose. Ile then struck
me and knocked inc d - ottm: After he got me down,
be kicked me: - Our eldest boy then,yrent to him and
pulled hint away. I gat clear then, and hit-hint two
or three times. Hieinotherand Henry parted :4:7-r
He then got his gull down and Went on the west stile
of the stove. I then sprung at him, at the's:me Mo
ment he sprung the lock up, and I saw a cap upon it.
I t en grasped the gun and succeeded in taking it . t )
I' m hini.. Went out dour and said that. l'l break ltd
II swore tideif I did, 'twould be the 'last I'd ever 1
„ II
break. My wife came to the door and wild; " DiPitot i t
break it, for its not paid for." . I then triedlo fire it
MT, bat'it would net go. Then took it by the muzzle
..and threw it as Car as I could throw it into thii snow. ,
Then started off - and th,ought.l wattld have hint ar- 1
rted,. Had no handkerchief around my 'noble tialie=l,
Ina cold morning) went back tei gut one: • He. then ?.
caine at me with a small beetle. -As he' was -coming t
IMstrike•mo 'Henry catched it from him mid thiew
it.into the y ard. We, then - 4)4h sat; &ran.' I then
Old hint he'd better leitya the house,' for he waPrxi.•
..-,. .
11l brother
t see how
,I went
-11. , went
'his eon-.
ort. 'When
:miles from
mile. The
had been I
.ent Inc pp I
understood
house. He
k -cut ofE
I quest over
the wound..
abbut three
Wound was
~rge was at
inquest.—
ther George
id, was oh
jeetion ana 7
ng /through
ar of Di
at effect.--;
in the ens
tood in the ,
as putting, a
arm. VI-
Cross-erceirlined.—l hollered before he 'took hold
of the gun. Mut then looking right at William.— _
„Peerge stood on the clOor-sill. The mnsz)e of. this
gull was out thedoor. When it went off,- George
set the gun up by the door. Did not see William
drop his gun, nor when he fell. Did not see him
from the time he got to the door, till saw' him -at tho . e
gate. Father was part, way down stairs when Geozie,e
set fits gun by -the door. - Could see through the
door to the gate. 31 , .. Walker measured Ave dis
tance from the door to the gate. George ltr:d "stood
in the door as. l nineh as'ten minutes. Ile . •.ras trying
lo hare The hammer stand sot. liedicle: the gun imr
the same position all the time. The :dun lay across
his arm downwards—wks , in that prsition when Wil
liam took hold of it. ,Don't reco,lect Whether any-,
thing was said when the gun trr.Mt °Tor not. .G . eorge
steed in the door when &the': Went up stairs. Noth
ing had. been said for ten rtinutes between . Willie
William
and Either, when fittlier 'went nit stairs: - Father had
not gone. tip two srafis when William said "by Christ,
he -would not leave , :me of them alive.", Have not
said that t father xv , z.nt up stairs for bed: clothes.: De,
did not. 1 Willi-, m did not go up stairs .and say be
would shoot ':;ie old man. I did not state before
Walker,. Washburn,-Mid Reynolds, -that I did , not
knoiv hce;,- William was shot. Dicfnot Alta to them
that I •:$-Irk up Btairs.whe,n it occurred. Did notstate
that i did not know whether George. shot William
twA of the door or the window. George loaded' his
gun that morning. Did not state to Mr. Washburn
that I loaded the gun. Said before the Coroner's . ,
,jury that I loaded my gun. Said that - Heine had
got the pbwder down and the ball part down when I
helped him. Did not state to Mrs. Brush that ,Wil
liam fell down by the door when he was shot. Do.
not know where I, was when William was-brought in.:
Did not help get in. Did not state to Mrs. Brush
That William fell down by the door ; and I RSEiSiiCO .
get him in.:" Did not say so to the Coroner's, Jury...-
Think I told George to go after the Doctor. Think
George was standing by the side of William. Be
lie'ye I went out to see 'William before father came
down. Father brought him. in—eprinot say how long
aftnr,he was shot. George went after the Doctor.
very soon after it occurred. William .was lying out
side the te..l-was RI the-house when father wash
ed out mother's. mouth. Am sure this was riot done
before father brought William in. George -hollered,
4 .Father,, come and take him in, and I will, go for
the doctor? Henry was the first to. take. of mother.
Think I saw father pick mother up as I.aits emping
into the house. William struck mother with the,
Muzzle of. the m. Did not state to the Coroner's'.
Jury that I saw William front the time he went out
to the time he fell, William did not say anything
when he fen—beliere not. Did not state to the Ju
ry that I asked William to go in; and lie Saiddiftqbe
d—d if he would, Did not say to• Mr. Walkor dud
William started to run away, but the ball stopped
him' .
Direct rrelmied.—lrlien the gun-went otT, I coriftt
•
. I
not from si there stood, see out William re
Both of the lbodmells were on the , Coroner'S tTur
Agnes Archer, aseorn.—l'airs themoilterof Geo'rgt
and William. Williamwodld lufte been twentrene
the hest of this month..attil George was -siateen the
last of July. Two of the Washburn boys were go-
Ing hunting with my boys• - .ln nywning. •1 - got
breaklltst early. Then George and Henry and Wil
liam sat 4h)wn to eat. I went to the table and W -
limo told me he irnnted Henry when he came front
limiting to help hint saw some shingle. bloki. I told
hint Henry run away wrlkn• he went , with him before
for he misused him, andlthat his father had promised
that he should not go with' him again. Tohl him. if
he'd wait a lit/1(z, till his Nthei had finished his shin
gles, he'd help gm: Then he said, " Goild—r yen,
you o/d wit—e, if you - be boss, L IT kick 'you out
doons,"and he jumped up from the table, and .went
at me. Then his fitther said, Stop." - Then
hernshetbouto his fattier. Ilia fattier tried, to get
np, so-Billy should not get forward of him. -Billy
then knocked him over.. The biggest boy, • 'fairy,
commenced pulling hint off,.'whilache was kicking his
!Inbar. He got up, and they had a scuffle on dm
floor. Be parted them. Ms Oiler told William
that he had caused trouble ceough,and now he want
ed him-to quit.' Then William went up.back of the
stove and • pulled-down his - musket: But he could
notgdt the, muzzle round; for the .slore pipe: - fie z.
.pulled the lock up, and I saw a cap oh it.. Ills fatti
er wrenched the goo from him, and FAO dint he'd
break it, but 1 said do not, for it (was not paid for,
but shoot it on or take the cap oft Ills father snap.
ped - the cap, but it would not go er, Believe he took
ii then,-and thretv it out itt_thel slooryard. Wlnin
his father came ih to the - door, Williant flew at him
with a beetle, and was within three feet of liim,look
ing litm in the face. Henry then.from'behind seized
the beetle, andflung - it into thedooryard: Then his
father told him, " say yeti con get sit
shillings n day ; that is more than you cast earn here;
- you'd better gri.." fjWilliarothett swore "by Christ,
'before he'd Wye, leave oneattiVe."
P e
then - of his On, went 'up-stairs,' n'td‘Put "caP-Pn it.
"I then fastened the stair door, When he. came done,
he hollebs "Open the door," I said, ,"'Billy, I will
open it." Before I got'teitho tlpnr,. ho threW his
mutket and broke the door. then unite to the
stove, and stootton one side and I ott... the otter.---
For some ten ndirates he was peaceable, anal tho:t
that all was over, and I'd up and, mak'd ,
George got his gun down i ntid get a lit ,
tip stick, about a foot long, cud,! -gave the ball- two
vintehei, but it would not r : tyv