. - ----
id no especial interest in its welfare.—
rf them were not even residents, while
iis evident that others were in fluenced
ter in the part they took in the , dis-
Ices by mercenary or other personal
Fatione. The great body of the actu
tens are conservative law abiding,
loving men, dispoeed rather to make
for conciliation and consequent peace
insist for their entire rights should
total good thereby be caused to suffer. i
X them, under the influence of the pre-'j
excitement and misguided opinions,
red to the commission of grevious mis
but not with the sieliberate intention of
wrong.
try few men, resolved upon mischief,
:step in a state of unhealthy excitement
?oleo in fearful strife an ent ire commu-
This was demonstrated during the civ- I
Auctions with which the Territory was
,ettlited. While the people generally were .
ensious to pursue their , peaceful callingeetuall
1 1c °alienations of crafty scheming and design
ling men succeeded, from purely selfish me
etivete in bringing upon them a series of most
i llatnentable and destructive-difficulties. Nor
lare they satisfied with the mischief already
. ; ;.rlone. They never desired 'that the present
[,4l)c:tee-should be effected; nor do they intend
:taint it shalleeettinue if they have the power
~
tto prevente-et: In the constant croaking -)
,inf disaffected itidividuals in various sections,
`k 'you hear only the expression of evil desires
. .
and intentions. Watch then, with ,p special
''t,jealeus and suspicious eye, those who are con
'' tine:illy indulging surmises of renewed hos
tilities. They are not the friends of Kansas,
:f end there is , reason to fear that some,of them
,-,• are not, only the enemies of this Territoreebet
rof the Union itself. Its dissolution is - their
feeirdent wish, and Kansas has been !selected as
a fit place to commence the accomplishment
of a most nefarious design. The scheme has
(thus far been frustrated, but it has not been .
abandoned. You are intrusted not only with
'the guardianship of this 'Territory, but the
C. , pea ce of the Union, which dependsupon you
In a greater degree than you may at present
suppose. '
You sheuld,therefore, frown down every
, effort to foment discord, and especially to at
': ray settlers from difrarant sections of the Un
ion in hostility against each other. All true .
:• patriots, whether from the North or South,
le, the East or West, should unite together for
i that which is and must be rega r ded as a
1
a. ea cause., the preservation of the Un
ioni ; and he wh o elan whisper ' a desire ter
1 its' dissolution, no matter what may be hie
s
pretentious, or to what faction or party he
E claims to belong e is unworthy of your confi
pence, deserves your strongest reprobation,
s and should be braided as a traitor to his
l, country. There is a yoice crying from the
r. , grave.oCone whose memory is dearly cher
i ished in every patriotic heart, and let it not
le cry irev.ain. It tells yen that this attempt
at dissolution is no new thing ; but that,even
t' as early as the days of Our 'first President, it
!:s .-;
. Z was agitated by ambitious aspirants for place
"te and power:-And if the appeal of a still more
' recent hero and patriot was needed in his
r_ time, how much more applicable' is it now
and in this . Territory. .
• , " The possible dissolution of the Union,' he
says, " has at length become an ordinary and
:- familiar subject of discussion. tics the war
ning voice of Washington been forgotten.?—
or have deigns already been formed to seises
the Union I Let it not be supposed that I
impute to all of those who have taken - an ac
tive part in the unwise and unprofitable dis
cussion a want of patriotism or public virtue.
The : honorable feelings of State pride and 10,
, cal attachments find a place in the boeoms - .
: of the most enlightened and pure. But while
such men are conscious of their own integri
ty: and honesty of purpose, they ought never
to forget that the citizens of other States are
' - their political - brethren, and that however,
-.; mistaken they may be in their views, the
great body of them are equally honest- and
upright with themselves. Mutual suspicions
and reproaches may, in time, create •mutual
hostility, and artful and designing men will
always be found who are ready 4o foment
these fatal divisions, and to in fl ame the natu
ral jealousies of different sections of the court
try. The history of the world is full of such
' examples, and especially in the history of re
publics." . -
.- When I Leak upon the present condition of
e the Territory, and contrast it with what it
was wben I first entered it, I feel satisfied
e that my administration has not seen prejudi
cial to its interests.' On every band, I now
e behold unmistakeable evidences of welfare
and preperity. , The honest settler occupies
his quiet dwelling, with his wife and children
clustering around him,'unmolested and fear
less of danger. The solitary traveller pursues
e his way unharmed over every public thee ough
3 . , f:e..e. The torch of the incendiary has been
U extinguished, and the cabins which by it
were destroyed, hare been replaced by more
substantial buildings.' Hordes of banditti no
longer lie in wait in every ravine for plunder
e and assassination. Invasions ofehostilc ar
mies have ceased, and infuriated partisans,
1 living in our midst, have emphatically turn
's ed their swords into' plots:shares, and their ,
, spears into prueieg hooks. Laborers - are ev-
ervwbere at work, farms undergoing rapid
e improvements, merchants are driving a thri-
ring trade, and mechanics pursuing with
profit their various occupations. Real estate
in towneind country, has increased in value, ,
almost without precedent, until in some pla
ces it. is commanding prices that never could
have been anticipated. Whether this healthy
and happy change is the' result solely of my
- e executive labors, or not, it certainly has oc
'marred during my administration. Upon
youisclves' must mainly depend the preserva
tion and perpetuity of present prosperous con
dition of affairs. Guard it with unceasing
. - vigilance, and-protect it as you would your
lives. Keep down that party spirit which, if
permitted to obtain the mastery, must' lead
to desolation. = Watch closely and condemn
in its infancy teery insiduous movement that
: can possibly iend, to discord and" disunion.—
: Buffer no local prejudices to disturb the pre
•veiling harmony. To every appeal of these
. torn a - deaf ear, as did the' Savior of men to
the prompting' of the deceiver. Act as a
united band of brothers bound together by
one common tie. Your interests are the
- sante, and by this course alone can they be
tnaintained. Follow this anti your hearts
and homes will be made light and happy by
the rict est:blessings of a kind and munificent
Providence..-.
To yon the;penceable citizens of Kansas I
owe my grateful acknowledgments for the
aid and comfoit your kind asurances and
hearty co.opoutions have affoldcd in many
dark and trying hours. You have my *in.
.cerest thanks, abd "rny earnest prayers that
you imay Le abundantly rewarded in HMV.'
To the ladies of the Territory, the wives,
' mothers, sisters and daughters of the honest
settlers, I am also under a weight of oblige.
. tion. Their pious prayers have not been
raised in vain, nor their numerous assurances
of confidence in the policy of my administra
tion failed to exert a salutary influence.
- And last, though not least, I must. not he
unmindful of the noble men who form the
Military Department of the West. To Gen. .
Fersifer. Smith, and the officers acting un
der;, his mmand, I return my thanks for
.ntaay . va uaisle servica, Although from dif-
&rent parts of the Union, and naturally im
bued with sectional , prejudice; -I know of no
instance where such prejudices have been
permitted to stand in the way of the faithful
teady, cheerful and energetic discharge of
duty. ' Their conduct in this respect is wor
thy of universal commendation, and presents
a bright example for those executing the civ
il power. •-• The good behavior of all the sol
diers who were called upon to assist me. is,
in fact, deserving of especial notice.. Many
of these troops officers and men bad served
with me on the fields of Mexico against a
foreign fob, and it is a source of no- little sat
isfaction to know thatthe laurels there won
have been further adorned by the praisewor
thy alacrity with which they aided to allay
a destructive fratricidal strife at home.
With a firm reliance in the protecting care
and overruling providence of that Great Be
ing who holds in His hands the destinies
alike of men and.of nations, I bid farewell to
Kansas and her people, trusting that whatev
er ev3nts may hereafter befall them, they
will, in the exercise of His wisdom, goodness
Bn.l powel, be to directed as to promote their
own best interest and, that of the beloved
tountry of which they are destined to form
a most important part.
JOHN W. GEARY.
Lecompton, March 12, 1857.
Prutrose pemotrat.
•
I 11.
to. .
•
J .13. McCOLLIIM,
A .J. GERRITSON,
1.1:011TZODE,
Thursday, April 16th, 1857.
DEMOCRATIC STATE TICKET.
FOR GOVERNOR,
WILLIAM F. PACKER„
Of Lycominy County.
• FOR CANAL COMMISSIONER,
NIMROD ATRICKLAND,
Of Chester County.
State Committee.
- Tin members of the Democratic State Com
mitte4 are requested to meet at .the Mer
chant's Hotel, Philadelphia, Monday,
April, 20th, at 7 o'clock, P. It.
C. R. BUCKA.LEW, Chairman.
WILLIS CLIFTON ;. OR . THE V ICTIM OF
Avenue, by S. W. T.; is accepted and will
appear soon.
Afar The President has appointed Rob't
R. Little, Esq., of Wyoming, Judge advo
cate of the Court of Inquiry—with a salary
Of about $6,000:
V' We publish in.another column, a no
tice for a Convention to be held in this place
on the first Monday in May next, to elect a
competent person to the
. Office of County
Superintendent. We shall have a few thoughts
offer on this subject next week.
tar. The May No. of Peterson's excellent
Magazine is on our table. It contains, as
usual, beautifully colored fashion plates, a fine
steel engraving, and a choice rariety of read
ing matter. This is the best and cheapest
Magazine published in the Union. Single
copies $2,00; eight copies for one year, $lO,
00.' Address, post paid, Charles. J. Peterson,
102: Chestnut street, Philadelphia.. -
ftgr_ In another column will be found the
opinion of the Supreme Court, of this State,
in the case of the Commonwealth vs. Nahum
Newton. We copy it from the Jurist and
Legal Intelligencer, as matter of interest to
many if not all our readers. For more than
a year Mr. Newton was stripped of his pro
fession by the mistaken, not to say malicious
order of Judge Wilmot. The opinion which
we publish to day exhibits in A . very forcible
manner the want of authority in the Stisque
hanna.Common Pleas to act as did Wilmot
in the case in question. We, request our
readers to to give the opinion an attentive pe
ruial.
GearVs Address.
WA print to-da ff y, commencing on first page,
the Farwell Addfess of John W. Geary to
the People of Kansas Territory. Ye are
informed that some of the ignorant, rant
ing - members .of the opposition, have an
nounced that we dare not publish said Ad
dress, because (as they asserted), it would in
jure the democratic party. Now, the intel
ligent reader will see at a glance that the
Address confirms the statements we have re
peatedly made touching the present condition
of affairs in .Kansas. Gov. Geary asserts
most emphatically thist Kansas to now in
a: peaceful and i prosperous condition—that
every branch of business in the territory is
protected and flOurishing. We, do sot sup
pose that the puhlication of the Address will
be particularly gratifying to those who have
misrepresented its contents in the hope of
making capital for their party by so doing.
This however we cannot help and we earnest
ky invite all our reader* to peruse the address
'With care, as it contains reliable information
respecting the condition of Kansas affairs at
this time. We thing it would be well for
our . neighbor of the Republican to spread
this document before tis readers; a dose of
truth would be beneficial to them occasion
ally. It would probably be much more satis
factory to the patrons of that journal to read
the address of Gor.Geary than to be informed
What somebody says GOT. Geary said in a
private conversation, respecting Kansas
affairs. If the Editor of the Republican de
sills to furnush his readers with correct infor
rnatiOn let him publish the Address.
Arne New York rinses stated - that pf
$112,16 of money coming to that office, but
lost during the month of February throigh
the insecurity of the mails, $83,18, or about
two-thirds, was in registered letters. There
seems to be little doubt that the Registry
System actually fatifitakt fraud on the pert
of the Post Office officials, by pointing out
the letters whickeontaia money, and srhieh it
is therefore an object to stept,
What will be the next Bugaboo it
Now, says an exchange, that the pri3sitien
dal campaign is over— the cabinet organized
—the country Ina state of unexampled pros
perity—peace prevailing with other nation,—
" Ivrder /Mans" non eat invenlua, it becomes
a matter of 'no little curiosity to learn , wbat
the next " dodge" of the poor black republi
cans will be. That the Kansas question can
any longer answer their purposes is hardly
possible. It was a "good enough Morgan,
till after election," but the people now under
stand the matter—Laving had time to leek
at it carefully, and judge more candidly since
the excitement of the presidential contest has
passed away It is now clearly understood
that thedemocracy of the north and the south
are alike desirous of having the question of
freedom or slavery disposed of according to
the provisions of the constitution, by the
votes of the actual residents of - the territory,
with molestation of interference of any. char
acter; pro or con, from outsiders. The bloody
tales of Missouri bandits have no more place
at the head of the columns of the black re
publican journals, for, alas,
" Othello 's occupation's gone,"
in that direction. And, so far as we can
judge, they feel vexed rather than pleased 'at
the prospect of the peaceful establishment of
a free government in Kansas. It grieves them
that the key is broken that they so loved to
harp upon.
But, what will they. do! Old Buck hits
come out so clearly upon the broad grounds
of the Constitution, that there is not one
point of attack left to them. Ile is admitted,
even by republican presses, to be right on the
subject of harbor and river .improiementi—
right on the subject of national economy—
right on the subject of Pacific iailroad—right
in relation to chartered banking institutions
and corporations for monopolies—eight with
respect to rotation in office—and, indeed,
"all right," save that he is a democrat. .
Now, what great evil will , be hatelred out
by political progenists ! - Will
they go to Cuba, for a "-bone of contention ?
There are negroes there I.—very possibly they
may get up an issue on the awful outrages of
" ruffians" there, and damn the President for
hinting that the island might seek adtnissibn
to the United States. Probably they will
put on their goggles and try to find some flaw
in Walker's movements, to keep their hand
in. At all events they are bound to find
something, or die of ennui. We shall endeav
or to wait with a proper degree of decorum
for the next "appearance," of the progeny, of
this prolific party of political inventions.—
We really hope they will get up something
soon, for we dislike to see them out of em
ployment. Moreover, as a general result, the
democratic party - is really strengthened by
every move they make. They cannot harm
Buchanan, for his name and acts are enshrin
ed in the hearts of a confiding people. They
are harmless 'with any expedient, because in
all their movements they have been so obnox
ions to the high and glorious principles of
our government that the people feel di.gust. 7
ed, to a great degree with their very name.—
They are too manifestly at variance with the
constitution—at war with patriotism—trench
erous"traitorous—factious.
EDITORS
jar Wts publish as a great curiosity the
following characteristic letter, received by
our friend Dr. J. C. Aria, of Lowell, Mass.
from the " Rebel Chief," or usurping Empe
ror of China, in acknowledgment for qnsmi-.
ties of his CHERRY PF.CTORAL and CATHARTIC
Pars, the Doctor sent him as a present.
To Dr. J. C. AYER of America—
The great curing barbarian of the out
side country. -
Your present of sweet curing seeds (Pill.)
and fragrant curing drops, (Pectoral) of the
Cherry smell, has been brought to Iluggen-
Tsene—the mighty Emperor • (Kwangto) of
the terrible stout Ming dynasty, by the grace
of heaven revived after an interval of ages—
Prince of peace (Ta-ping-wang) of China,the
central flowery land. lie directed his , pow
erful Mandarines to give them to the sick - ac
cording to what the Interpreters read from
Tour printed papers (directions.) Be pre
fonndly happy, 0 wise barbarian ! for I,
Yang-seu Tsing, say it. Your curing seeds
and sweet curing drops were given to the sick
in his Army of the Winged-Sword, and have
made them well. Be profoundly happy while
you live for this is known to the Mighty Em
peror of China, who, approves your skill, and
permits you to send more of your curing
medicines fur his fierce armies of myria.ls of
men.
They may be given to Chiang Li; Cher
Mandarin of the Red Button at Shanghai,
who will repay you with Tea or silk or. Gold.
The high Mandarines of China, have . heard
Of you• great knowledge, surpassirig all other
Foreigners, even aspiring to-equal the keen
wisdom of onr own healing teachers, who
make remedies that cure: We are glad to
know you bow in trembling terror berme our
mighty Emperor.
Written by YANG-SEU-TSINCr„
Minister-in-chief of the restored bilperial
Wag Dynasty, destined by the heavenly wis
dom to rule in China.
(Translated by the American Consulate.at
Bony Sang, China 3d May,1855).
The Tribune is so gassy in its politics—
that when one cad get' something practical
out of it, one is happy. Thus—we -are joy
ful in having from it, just now, the following
programme :
" We mean to show that a decision of the 1
Supreme Court, though formidable is not
irreversible. ',That court affirmed the Consti
tutionality oethe alien sad sedition acts, yet
the people annulled those acts, and paid back
the penalties imposed and exacted under them
by the federal judiciary. The courtprci
pounced a bank of the United States perfect
ly constitutional, yet the people nluma•ely
made a contrary decision, which prevailed
over the court's. So in other cases. So it
will be again."
Cometxxx.—But what pertinency, howev
er, is there in all this gaseous matter, to the
points involved in the Drei Scott case I - -
Congress rupealed its own alien and sedition
',Acts—when parties changed—but 'that court
=II
From the N. Y. Express.
liesnetbiag Practical.
executed them as laws until congress did re
peal them—in spite of all popular Clamor,
anti all of 'Mr. Jefferson's majorities. Then
congress createda national bank—and the
supreme court mewed the law as long as
the law was on the statute book—in spite of
Gen. Jackson, and all of Gen. Jackson's ma
jorities. But congress cannot repeal, alter,
or amend the federal. constitution. I)red
Scott is pronounced not to bo a citizen un
der thu constitution—and forty acts, of con•
gress could not make him so—if passed by
both houses unanimously. The constitution
is stronger than even " the people," till it is
constitutionally changed.
" We mean to urge and effect a readjust
ment of the basis on which justices of the
supreme court are apportioned. Now six
hundred thousand free people in a slave Dis
trict have equal weight in the constitution' of
that court with four millions in a free dis
trict, and six rnillions of free people in slave
states have more weight than sixteen mill
ions in free states. This is grossly unjust, mid
cannot be upheld. Make the judicial dis-
Wets equal, let judges be fairly' felected
therefrom, and the Dred Scott decision will
soon be over-ruled and effaced."
Cemsteat.—You mean to do a great deal,
but let us sce what you can do. Judicial
districts—that is judges—hive been created
to go over, and represent territory—not pop
ulation. The South, with the largest.area of
territory, had been provided with five out of
nite judges—but when California and the
Pacific are provided pith, their federal judge
—as they soon willbe--there. will be a rem
edy—but is the national population of Cali
fornia-likely to do better by you, than Penn
sylvania has done with Judge Grief ? or New
York -with Judge Nelson I . The •Soutli—if
Maryland with Judge Taney can be called
"the South"—only happens to have . five out
of the nine judges—because of its immense
territory fiorn the Susquehanna slave bor
der to the Rio Graude . Mexican border.
If you mean to re-adjust the court locally,
geographically, sectionally, or by a party, re
member 'Buchanan is president for four years
to name the new judges—and' if be dies,
there is 13reekenriclge—who will not serve
ptttposes—and remember that the L. S.
.Senate stands thirty Seaatori (in, fifteen slave
holding states) with Guinn and l3roderick,
of California ; Douglas,- of Illinois ; Bright
and Fitch, of Indiana; Pugh, of Ohio; Stu
art, of Michigan ; 134:er, of Pennsylvania;
Thompson arid Wright, of New Jersey; and
others from the north in that senate, who will
carry out none of your purposes. Hence
wbatever you "meant" yeti can do nothing
but fight a 'windmill. •
"We mean to create and arouse an en-•
lightened public sentiment which shall ulti
mate place the federal government, in all its
departments, in the .hands of men who love
the constitution and union much, but liberty
eternal justice and , the inalienable rights of
man more—men who will regard freedom as
the universal and everlasting rule and slavery
as: the local and transitory exception—men
who will give Si•ylock his " pound of flesh,"
but warn 'him in: taking it, to shed- " no drop
of christian blood"—men who . will be tena
cious of the rights of men legally free, like
Dred Scott, as of those permitted by vicious
local regulations, over which the nation has
no control, to claim property in. the limbs
'and bodies of their fellow nice." -
short, we mean" toprove, h the.ii•isue
of this contest, that juptice is the law of God's
universe, to which all human laws should and
must conform, and that patient waiting and
earnest working Rill =eventually secure its
t iumph."
Cemmeyr.—That is ; you mean to keep up
an-eternal clatter in the north, in order to
keep up " village elubs,"—to sell the Tri
bune. But remember in the last presidential
election,a chance the like of which, from
the way,Gen. Pierce kept playing into your
hands with " blteding Kansas," you wall ne..-
er ha e again, in this our day and generaticir,
—there were against you, tufted,-
Ist. Fifteen slave-holding state-.
mod. California, Pennsylvania; Illinois, In-
diana, New JetFey,—and - al,o a large—a
very large—majority of the Northern popu
lar vote.
Thus, the pri*.tical remedy of the " Tri
bane" we started with turns ont to be—
.ln the Second Place—Gas ! Gas! Gas !
And'in the Fiki Place—Repealing by acts
of congress the • constitution of the .United
States, in spite 'of,the supreme court.
Is - it act strange,—that men,—Yankee
men,—men of northern free schools,—with
northern training--practical in business
matters, to a fault often,—can thus be led off
by gas, and gaseobs vapors, and will o'-whisp
and jack-o lanterns I .
For twenty-fire years, now,—abolitionism,
in the north - has been at wo kin this gaseous
way,—zand the result has been,-
Ist.: Makin , . the southern people—anti sla-
very twenty-five years ago--beliere now that
slavery is not an anti-scriptural institution,—
but, on the contrary, au institution looked I
uponby Christ when on earth without reproof
—if not with favor.
21 The annexation of Florida and Arkan
sas to the Union, with constitution forbidding
emaneipation,—novelties in southern consti
tution making, brought about by northern
abolition agitation.
Si. The annexation of Texas with a com
pact (voted for by Preston King and others
now free-soilers) to make five slave states out
of Texas, if-Texas desires.
4th, The repeal of the Mirs)cri compro
mise .of 1020. •
sth. The insinuation, if not decision, by
the supreme court of the United States, that.
the compromise is unconstitutional.
Not a step forward in emancipation then
for twenty-five years,—:but many, very many
backwards! What a crab-like progress I
Nay, what incurable miichief ! What an
aimless, fruitless outcry ! What a stupen
dous folly !
But if, during these twenty-five years sla
very had been left alone, as it bad been be
fore,—to be treated as it was treated in Jef
ferson and Madison's day,--purely or mainly
as a question, in political economy,—as we
in New York, and as they in Connecticut
and Pennsylvania treated it,—Missouri, Ken
tucky, Deleware, Virginia, and Maryland
would have now been free states--for in these
states,—slavery seems to be against the laws
of poitical economy and self-interest.
But,—what is the use of talking to the
Tribune 1 Its " clubs" to live must create a
clatter in the little country Pedlingtoss,—
and the " negro" answers the purpose better
than any of the other humbugs that have
been tried. Fourierism 'was tried,—but it
failed. " Free-love" ditto. Anti-rent explo
ded, " Rnm" was only an onnua. "Bleed
, ing Kansas" ft exchanged for " Dred Scott."
Ganatvrrao.—The Reading Gazette says:
This new mode - of" raising the wind," which
has been in vogue -in our large cities for
some time, - bas at Jut extended to Reading.
A few evenings since, while a young gentle
man was about leaving a house in the lower
part of the city, a lady took advantage of his
situation, and deliberately placed her arm
around his neck. The gentleman did not ap
pear at all frightened, and made no efforts to
"get away."
Opinion by Woodivard s J.
COMMTHys. NAHUM NEWTON.
OSTIEWEARI TO SUSQUEHANNA CO.
Attorney at Law—Contempt.
Whatever dopbts were raised hy Austin's
case, SR. 191 ( and Metaughlin's case, 5
W. 272. as to the right of this Court to re
view of the action of inkrior tribunals, in
suspending members of the bar froth practice,
there is no ground to doubt our jurisdiction
in this case, because this is a proceeding for
contempt, which is a substantive criminal of
fence. and of which we take cognizance on
certiorari or writ of error, in the same man
ner and to the same extent we do of 'any
other-public offence, for which the Courts,
subject to our appellate jurisdiction, assume
to punish a citizen: Our jurisdiction results
tout of the constitution of -this Court. It is
not self assumed, but is forced upon us by
the legislative imposition of powers and du
ties under which we sit, and is one of the se
curities of the liberty of the citizen. We
would have no right to waive it, therefore, if
we had the power. For the source, the char
acter, and extent cf our jurisdiction in con,
tempts committed against inferior Courts, I
refer, with groat satisfaction, to the opinion
of Judge Sergeant, in Huminell's d; Bishop's
case,9 W. 4 30.
It was indeed said, in Williamson's ease, 1
Casey, 18, that the authority to deal with
this offence belongs exclusively to the Court
in which the contempt was committed, and
that no other:Court can interfere, either by
writ of error, habeas corpus, or mandamus—
a remark which was . predicated of a convic
tion for contempt in the District Court of the
IllnitedStates, over winch we possess no ju
risdiction whatever, but which does not ad
mit of application to our State tribunals,
over which our appellate jurisdiction is fixed
by statute,We are to " examine and correct
altiand al manner of error of the justices,
magistrates, r.n 1 courts of this Common
wealth, in the process, proceedings, judg
ments and decrees, as well in criminal as in
civil pleas or proceedings, and thereupon to
reverse, modify, or affirm such judgments and
decrees, or proceedings, as the law doth or
shall direct." (Sec Purdon's• Digest, 771.)
This charter of our powers cannot be so nar
rowed by construction as to exclude proceed
ings for contempt. We do not, indeed, re
,vi:e such , cases upon their merits. The Court
having a limited jurisdiction in contetnpts,
every fact found by them is to be taken s
true, and every intendment is to be made i
favor of their record, if it' appears to us that
that they proceeded within, and.did not ex
ceed their jurisdiction ; but for the purpose
of seeing that their jurisdiction has not been
transcended, and that their proceedings, as
they appear of record, have been according
to law, we possess, and are bound to exercise
a ru; erv:sory power over the courts• of the
Commonwealth. Whether it. is to be exer-
cised by certiorari or writ- of error, is not
made a question here, and need not he con
sidered. The record before us was brought
up by certiorari, and for .all present pur
poses it_is regularly here.
I have said this was a proceeding far con
tempt. It is entitled, like other criminal
prosecutions, in the name of the Common
wealth, and the record sets fort , that the de
fendant was ruled to answer for "contempt," .
conteinpt,"
&c. The particle "Sce." is to be rejected as ,
an insensible surpluiage, which leaves it sim :
ply a record for contempt. But though ar
raigned for contempt, and on the 18th of
April, 1856, supendell from practising as an
attorney, apparently as the punishment for
it, vet the record nowhere shows that the
defendant was convicted of the offence. All
we have is the arraignment and sentence,and
if there was no other defect in the record it
, would have to be set aside for want of a con
-1 viction, for without a judgment there cannot
he execution. Put this is net the only fault of
1
the proceedings.
L The defendant had been subrcened to ap
-1 i ear before Judge Wilmot on the 23d of
January, 1856, to make his deposition in an
I action of ejectment pending in the . Common
Pleas of Susquehanna Courity, the judge act
ing as commissioner or examiner under a rule
of the Court entered in-that suit, for the pnr
pose of faking depositions. Although the
defendant claims to have appeared at the
time and place appoilled, we will assume, as
the Court below did, that he made default,
and was apparently in contempt. The judge
adjourned the taking of the depositions to
the 25th of January, when the witness not
appearing in obedience to a subncena served
on him, the judge awarded an attachment
returnable fotthwith. on which the defendant
was brought before the judge on the 31st of
January, and his deposition duly taken and
certified ; and the judge acting in his minis
' terial or extra judicial capacity, under the
rule of Court, seems to have taken no further
notice of the witness's failure to appear either
on the 23d or 25th, but the Court on the
Isame day , the 31st of January, made the rule
ion the d efendant to answer for contempt as
i before stated. The rule was returnable on
the 2d of February, but was adjourned to the
I April term of the Court, arid on the 18th of
April, 1856, after hearing, " the Court order
that Nahum Newton le suspended from prac
ticing as an' attorney in NS Coutt until such
time as reinstated by a leiocation of this or
der." : . .
The non-attendance of ilnis viitnes on the
23d and 25th of January„ was, if unexplain
ed to the satisfaction of the acting magistrate
a contempt of the ptocess of the law, and by
the 34.1 sec. of the Act of Assembly of the
26. h of Feb., 1831, (Purden, 323,) the mag
istrate had power to issue process of attach
ment, whereupon, says the Act, "the same
proceedings shall be had as are wed and al
lowed in like eases in the courts of record in
this Commonwealth. .f
What are the proceedings of courts of rec
ord in respect to a 'defaulting witness when
brought in on attachment I
' Be is eslled up to purge himself of the
alleged contempt, which if he does to the
satisfaction of the Court,he is dismissed with
out more—but if be fail to purge himself, the
Court adjudges him guilty of contempt and
imposes the costs of the attachrueut, and
such additional fine, as in their,discretion the
case seemed to demand ; and in default 'of
payment he may be 'committed to jail to
compel execution of the sentence.
This is what Judge Wilmot,sitting as exam
iner, might have dune with the witness, and
as he did not use these powers, it would not
be unreasonable to infer that he - was satisfied
with such excuses , as the witness was able to
render for his non appeatance on the 23d or
25th.- But whether the examiner war saris
fled or not, what had the Court to do with
the matter '1 The contempt, if -any, was not
against the Court, nor against even its chief
officer, acting as an examiner, but against
the process of law, and for that: -offencOthe
law hid entrusted the power to punish to the
examiner. If any penalty was due, he was
the officer to inflict it. His power is very
expressly - granted, and the mode of its exer
cise defined by the statutes, and penal stat
utes are to be strictly - followed as well as
.construed. . -
It is apparent , that the Court, had node
risdietion of the route pt. they undert to
punish. But if it w e granted that they
sl i d
had—that baying i the subrmair which
_ _
was disobeyed, they might interfere to'
vitiaterite the Majesty of the law and
punish the recusant witness—they were bound
to punish him as a witness, and the mode is
pointed out by the Act of assembly of . 10th
June,lB3o, relating to eontempts of courts..
Puron ' 158: Disobedience to lawful
'says cess shall be punished by ",fine only" says
the Act. This is the express rule in regard
to mitnesses, and it is 'a general rule as to
all legal process, but another Act of \Assem
ble makes an exception of the injunction
which the Court is authorized to issue in' ex
ecution of-judgments in quo rearranic!. Obe
dience thereto may be compelled by attach
ment and sequestration as in other leases of
injunction, which is a grant, in thatparticu
lar case, of the chancery power to imprison
in execution of a decree. Without this pow 7
en a court of chancery could not enforce per
formance of its decreed, and the legislature
have invested our courts of law with the
same power where a judgment in quo war
ranto is to be executed. But that is a wide
ly diflerentjurisclictiou from those "summary
punishments" which the Act of 16th June,
1830, Was intended to regulate. The tow e r
to punish summarily for contempts is essen
tial to the existence and usefulness of courts
of justice. but to promnt oppression, through
abuse of the power, the legislature have
carefully defined, not only the cases in which
it may be exercised, but the forni and mode
of 'the punishment also, and have, moreover,
declared that the power shall' tie "restrict
ed" to the offence and penalties.'
It is apparent the court did not heed this
legislation. They punished a lawyer sum
marily_ in his professional - character for an
offence as a witness. Without a conviction
for contempt, they inflicted a penalt y , which
is forbidden by statute. •
This legislation would be a vain array, of /
words,
if a gentleman of the bar who happen.
ed to be in technnical contempt as a tardy
.witness, might; instead of being fined, be
'stripped of his profession._ . As well. might •
the occupation of any other witness be taken
away from him for disobedience to a subpce
na,. and his family beggared. Before such
things can be done, the Act of assembly re
stricling punishments for contempt must be
repealed_ and: fo rgotten. .
The record suggests no unprofessional or
improper;conduet on the part of.the, defend
ant as a practicing attorney. ' His only fault
was as, a witness, and that was not such as
to attract the censure of the proper tribunal
to punish it.. He has done nothing to forfeit
the title to his profeSsion,, and yet he 'was
thrust out of it for an offence f..r which. he
was not convicted—an offence which, if com
mitted, belonged; to a different tribunal to
punish ;- an offence which no .tribunal in
Pennsylvania had any right or power to...pun
ish in the mode adopted.
A record so full of mistakes cannot be sus
tainesl in this court.
And now, to wit, March 16th, 1857, this
cause having been heard and fully•consider !
ed, it is here ordered and adjudged that the
proceedings of the Court of Common Pleas
of Susquehanna 'County in the case of the
Commonwealth v. Nahum Newton;she.revers
ed, annulled, and wholly taken for naught.
- And it is further ordered and adjudged,
that-the said Nahum Newton be restored to
his rights and privileges as an attorney of. the
several courts of said county, ; . as fully as he
enjoyed the same before the order of the : lBth
of April, 1856, was made.
. ilia names, residence and time of ap
pointment of the present Judges of the V. S.
Supreme Court are as follows:
CEIEF JUSTICE
Roger B. Taney, Baltimore, M. 1., 1836\.
ASSOCIATE: JCSTICES
John McLein, Cincinnati, Ohio, 1829,
James M. Wayne, Savannah,-Gra.,4835.
John Craton, Nashville, Tenn., 1837.
Peter V. Daniel, Richmond, a., 1841.
S. Nelson, Cooperstown, N. Y., 1845
Robert C. G.ier, Pittsbtirg, Pa, 1846 .
Benjamin R. Cuai's, 11,:ton, Mass., 1851:
John A. C0111 . 1)5311, Mobile, Ala., 1853.
.Great Britain has 18,054 miles of railway
Completed, making a line of single rail: more
than sufficient in length to complete a beltof
ron round the globe. The cost of these lines
has been 286,000,000. The earthworks of
hese lines rneaßire 5:50,000 cubic yards
Eight million of train miles are run aummlly
on the railways; 5,000 engines and 150,000
vehicles compose the working stock. The
companies employ over 90,00 Q officers and
servants, and the engines consume annually
2,000,000 tons of coal ; equal' to the whole
amount exported to foreign-iountries and to
one-half of thesnnual consumption of London.
..Letter - lwriters from Washington state
that the three Departments of the Interior, of
War, and of the Post office are uniting to
burry- forward the construction of a wagon
road rim the Mississippi to the Pacific. Such
a road is an indiipensable prerequisite for a
Pacific Railroad. The Department of War
appropriate $lOO,OOO, the " Interior" half a
million, and the Post Office Department con
tracts to pay 000,006 per annum fur carry
ing the mails over the new route. •
.. Rev. Daniel Waldo, the venerable Chap-
lain of the !louse of Representatives, now 94
years old, has revisited his home in Connecti
cut. Last week he preached two sermons in
Sharon, walked half a mile from the parson
age to the meeting house, and went through
the exercises without apparent fatigue. Mr.
Waldo wait' a soldier in the Revolution, and
once fell into the hands of that abominable set
of fellows who were well known as the "Cow
Boys."
A correspondent of the Missouri Rip.,
from St. Joseph, Mo.. sayp: " Kansas is filling
up with amazing rapidity." All of the valuable
plains within twenty unites of the river are
taken, and are selling to new corners at from
$5OO, to 5,000. In the short period of one
year, all the rich lands in this portion of - the
great Missouri valley will be in cultivation,
and pour untold stores of wealth into your
market."
.;;It is stated that the counsel of birt..
Cunningham ana M. Eckel are confident of
the acquittal on the Charge of murder. They
say that they aro not only able to establish
their client's innocence; but give the name of
the actual murderer, and show bow the deed
was done.-
..Freemasonry wasirst known in England
in 674, and was forbideo in 1224, tolerated in
1306, and excommunicated by the Pope in
1638. The charity for Freemasons was esitab
fished in 1788. The grand lodge of England
was founded in 1717; of Ireland in 1720.
~..The Governor has appointed Jas. W.
Armstrong of Lycoming county, Judge of the
Supreme Court, in place of Judgciltlack.
Ilers.
..Maorkulay, the Erglinli'histothM, II to
hare I,ooot. for writing the epitaph -- oa the
city of London Monument to the late Doke
of Wellington.
..Despatches from Nashville, Tennolay
that snow fell at that place' on the - .6th hut,
to the depth of three inches. Iluehlatiage
'to the corps bee been occasioned, end it. it
feared that the fruit crop is entirely destroy.
ed. The Tobacco crop in , . Kentucky and
Tennesssee has doubtless been much injured
by the storm.
The navigation on . Lake Ontatio .bat
now fairly 'opened. • i
11111rotid Accident.-Fearful. des.
On Wednesday morning of last, weeksays
the. Cumberland Telegraph, as the early coal
train from the mines of the Cumberland
-Coal
and Iron Company was coming down the
grade, about four o'clock , the train tan over
a large boulder which had rolled down the
embankment immediately upon the wearier
the track. The locomotive passed over -it
with slight damage, but the balance Of the
train, including the tender, had every brake
ripped - out from one end to the other. The
brakesman becoming aware of this fact said
seeing in - a moment that the cars could not
be controlled going down a grade of 'over
one hundred feet to the mile, thinking dis-.
cretion the better part of valor, at .once• left
the train. On it went and at each revolution
of the wheel the momentum increased until
the velocity became absolutely frightful.-,
The whistle sounded to put down. the brakes
but the only answer was a wild unearthly
whistle reverberating amongst the black biHss
scarcely -heard before it died away or was -
drowned by the rattlinn. of The swift revol
ving_
wheels upon the Iron track.' At length
the engineer became convinced that some
thing must be the matter. . - .
Adjusting his valves, be began cautiously •
to pick his way to the rear of the -- train.
he advanced through- the thick darkness , be 7:
tried to put down the bmkes oftrst one- ands
then another of the cars. , All were broken
nff or damaged by the. rock on the tracks— , :i
lie atlength felt-his way back to the two
rear cars of the train. Pulling out the conp--r
ling pin, he felt sure that he could .control='
them when detached from the train. But.
they were in the same condition. --
All were broke.- -No control could be ex; ,
ercised over them. The train was - now . "'tin
ning at a frightful speed. What to do 1—
was the nest consideration . . To jump seem
ed like certain death, while to/ remain upon
the train promised r p exemptipn from a "'m
il:a fate. A moment's thought determined
the course of the intrepid engineer.. Cling
ing for a moment to the. rear car, •be com
menced climbing down until he could feel
the g round with his feet. li e then left, all
holds go, falling against the ground with
much violence, but escaping with a few pain
ful bruise's.
On went the frain at a furious rate. The
two detaChed cars were thrown from the
track before going a great distance. One of
the other rod hoppers had the trucks knoCk
ed from under ir, and it was - • dragged some
distance, 'completely ripping ont the bottom,
but finally .checking the train some three
miles above town. Take it 'altogether, it
wasa flightful occurrence, and seen in the
darkness of the morning, • whipping id and
out amongst the gorges -of the , mountain
with the spanks and steam issueing froni the
locomotive in a vast column, with a solitary
man clinging for life: to therear cat, or
climbing 'down to :escape %almost certain
death, it, must have presented a scene of fear
ful imiplrt.
Brewing a Fight.
A Leavenworth (Kowa) correspondent of ,
the Cincinnati Gazette (a Republican journal,) -
after announcing the arrival of "Jim Lane"
in the Territory, who has recently return? )
to Kansas.throuili Missouri, in disguise
perfect that his own best friends did.no
know him, adds: .
"Four or five ultra. Free - State men we
with him, and some of them boasted, as the
were leaving the boat - that they ' would soo
raise bAI in the. Territory.' ' It is well kr.ipw
here that just before lh© adj'ournment of
bogus Legislature, there was n project on loot,_
among the Free State men to rise ,and- r iripe:
out that - body, with its records and ants,,air
one blow. The Free State men in the Territory
are undoubtedly strong enough to have done-.
it, even though opposed by. the United statesi
troops. But the more prudent among thew
feared the effect of a little\ civil war' on the
spring immi g ration, and the step was finally.
postponed. 77te elements are all here for a
grand riskng; and the flame of excitement
wants only a little fanning to grow into a
tremendous blaze. Whether Lane has in- ,
fluence enough left With the free State men to
make a war, remains to be seen.
_You need
not be surprised to bear that there is trouble
in Kansas wen. I talked with an - intelligent-
soldier at the Fort, today, and he thinks the
officer would be glad of an excuse to put af
ter Lane. There are now 1200 troops at the
Fort-800 cavalry. It is expected 800 of
them will leave for Oregon won. You can
not imagine the trepidation: of some
,of the
Leavenworth people at the intelligence that
Lane is here. Ho certainly is greatly feared
by the Proslavery men of the Territory." ,
Jim Lane is not a very worthy , Apostle of
of Freedom—and it is to be hoped that the Free
Stale people will not " raise h—ll,"' as is pro?
posed, but trouble is undoubtedly brewing,
and Kansas is again to bleed. Who are the.
bleeders, however, "the Northern people now
can easily see after this pre-announeement
plans.—Arews. ,
"Holloway's Pills.—This great household.
medicine rates
-among the leading accost.
ries of life. Dyspepsia, bowel complaints,
and bil'ons discrJer3, are common-to el clim
ate.. • Tens of thousands die of Them; and to
suffer them in - their clreDie 'form is a living
death. Now it is a fact as well establiihed,
as that the sun lights the world, jthat thew
Pills invariably cure the above named iiiitik ,
dies, in all their portean - forms. Are they
not, tben,Articles of piime necessity . I And,
does not the head of a family who neglect*
to administer them tothe sick of his house
r,o
bold, incur a heavy responsibility. If p t
of their efficiency ti desired,it is offeredin *
shape of volumes of authentic teatiatonyfr a%
every nation on the face of the earth.
The School Directors of Bridgewater Dis
trict will tneet at the Court Tiousa v in Mont.
rose on Friday April 24th at 12 o'clitsk M.
.C.J. CURTIS See,.
Bridgewater April 14th 1857. •
Seed Wheat:
IHE subscriber otters for aule tbi Itsliso
Wheat, one of the most' reliable = varletlett
ever Introduced into Saul's, 00., 'Thorough,
experience bits convinced toe of , the
_ ABEL CASSEDY.
Dialect, Mercb QOOl, 13wf.
Notices.
Notice.