E==Z:=l i - lii.ii#o,4-.:-.Pt*0:T.11.4 A. GEriEITSON, Editor. . . IZON-T7461311 , , •;.,.‘. April 80191i8, - DE* OC??21-270 - NO3f ifT 1 OYS 9i.II 3 RESIE JUDGE: ICIFIZAM A. POWEER, PfirLADELT . II.t& CoMMISSIONER: wEsTLEY PROST, VATITTS Special Notice. 11 I, L-persons indebted to the late Arm of MOAllom -Gerritson for subscription to the- .4 lliintrbse Democrat are hereby _forbid det settling With J. 43. :McCollum, or any person in wboie bands he may. place the .counts. - Said accounts have not yekbeen as signed to him, in consequences of his baring refused _to render value for them as agreed upon ,befons the I= was dissolved; any col - lectioni-whiob be may mske will be frandu , lcit,"aisd. his receipts *oid, Until further notice be given. • - A. L GERRITSON. Mostrose, April Ist, 1858. ieholas• it Co., nrers, 10 . Wall 'street. N. are informed that we do not comader it "-consisteat" to "notice" as desired; pot to publish on terms proposed. 4 4 No. "0 Wall Street," so far as wo knovr, is no _ bouer,as a reference far responsibility than " No ,76 FicoPoints ;" we ottly knowing it as the address of -John 6. Dye,* professional swindler. Yourilank Note *oportet may be a good-ono, but your- town loci uight as well be; located in ihopoon;for all they are worth. or The presepoe 'd Mr. Wilmot here, naturally eullt forth the ioquiry—"Will be make-bis usual spegobes during Onus This question is tAked by many, and there-ii i good deahof littlest Manifested by the people We print the -following letter, says the Harrisburg Herald, written in reply to a printed circular which Judge Wilmot ad dressed to the members of the Bradford bar. Wm. Watkins, Esq., is an old citizen of the county, an able lawyer, a most estimable man. He has neveracted with the Democratic par ty, and is a warm Republican. Read what he says: ' Ma. WILUOT: Your COMUSUOiCatiOU of the third 'was -duly received. I Lave not been able to answer, the same until now. In an- Amer, I would gay what you well know, that there has been no disposition to make what you call specific, charges. If sigh a disposition existed, the complainants could not traverse your conduct back to the date of your present commission. They would be confined to your conduct on the bench for the space of some twenty days in all. During this period, you and your friends, have been, been fully apprised that the application be fore the Legislature would be wade, and ;you -/-- .u.nr t listed in your usual objectionable manner. 1 It cannot therefore be expected. that you I , need, or desire any further information, than is 1 necessary to enable you to•tneet fully and fair ! ly, what is 9bjectelagainst you. This you have already bad. The act of Legislature- making this judicial district, was passed at your solicitation, when no necessity existed. The act was barely a pretext to ena ble von to take money from the. Common- wel.th legally, when the services to be ren dered by you, were neither needed or desired. Able and conipatentjudges were,commission ed and bound by Jaw,, and stood ready and willing to do the service, without any addi tional drain upon the treasury.' The The passage of the law under such cir cumstances, disrobed-of all pretexte r is nothing more or less; than a legislative pension, granted for, your' special , benefit., This was a lucky stroke for yon—as far as dollars and cents were concerned. ' . You have already received under this law some fifteen thousand dollars, //bir/ amount I ought to have been applied-to the payment of the large debt of the State. I would ask you, upon , what principle the receip of this large amount can be justified I If you a-eply because the Legislature author ized i , may I nut answer, that the act of procu g the passage of the laW, involves ut,d conduit etestable in the sight of moral men, as the receipt of the money, thereby in creasing the evidence of your moral unfitness to discharge the duties of, a judge. A man Giving Awaythirsablic works. who obtains or aids in procuting4he passage Tbe present Legislature seems` determined dr/ law for such purposes, has but little re to follow in tbe footsteps of the previous one, gar& for the rights of others, outside of his in the 'matter of givirethe State Canals to own pocket. He cannot be safelytrutted. _ Since you entered . uponthe dut ies of your ' select oompanies. - We had hoped that tka , , , I cannot conceive of anything more in tone n A for *Peas- sales " a ' l'essed7tDat here after jurions to the due administration of justice, after when public property was offered - for than the course of conduct persisted lit, and sale, it would' be on fair terms, giving all, a pursued by yin. Your position as a judge, chance to purchase, thus ,securinethe s e vire . must of necessity suffer in dignity and re spect, among the candid part of the commu tage of competition. fustead of tils, it now Wiry, when from the beach youd enounce a ll appears quite prolatble that the bill giving 1 who entertain different political views from the Canils ' to the Sunbury & Erie IL R. Co. yourself; as rebels, liars, Wits, dishonest for the sum of three and a half millions of knaves, &c., &c lam informed you have dollars, will peak the House having, in fact, addressed the public in this manner all over the county.. Suppose myself to entertain dif• passed it. Asidrisfrom the terms of sale, it is \ gent political views from you, and rattend unite objectionable for the reason that th is con with my andat e_v, mng, rt' witnesses , a • N company is thought to be bankrupt. The these witnesses and jurors attend a - mass easels thus stated by the Patriot and Union: meeting at the Court House, and hear an s kind, got up in your usual chaste ad "- dress of thi s State owns valuable property, which . _ it is - deemede nett:sable to sell. Bier interest is style. The next morning my case comes up for to o eret ea most for it. The Sunbury and Erie trial. Do , you. believe under such circum company is'deeply anxious to• become a pur - stances, after the jury and witnesses have chaser at a specified price. The only way beard your charge at me in this way in poli of ascertaining if that price is, up to the full tics, I should or could stand an equal chance fgainit afr im dial verdict, as I market value ; is to exp se the property at ° o the g rwise - shou ai ld and have d ough I should be publie sale, to the competition of other pur- under the •necessity of entering upon my trial chasers. The State leas nothing to lose, and 'with the minds of the jury heated and =- everything to gain by thiiaeoul'se. The corn- bitterest against me--your remarks might -work my ruin, though you discharge your }any has everything to lose and nothing to gain if it, should be adopted. where - should duty faithfully as a judge. If the political parties, were about equal in numbers in this the representatives : of the St - et e, • b e 1 The, county, then the chances of danger would finestion is easily answered- Where are they? -not be so great, but when odds are three to `Look at their votes 1' * * * - one, the chances of an impartial verdict rue "We believe that the people - are in favor in the saute ratio. of n fair sale of the Stare Canals, and that Agalli' there is a g eneral betkria the Coun ty,' that Mr. Mercur stands on higher ground, thereis no ~objection to - the Sunbury and and has more influence with von, than any Erie company's purchasing them; but is this other member of the bar, in consequence of a fair sale I Is it fair that the company she'd law-political faith. This belief hits become li their owe priest Is it fair that other so general, that! apprehend every member of . ea . the bar, en the opposite sideof politics from P er ' s "' or . ama P anies should be elehm yourself and lir. Mercer, Lava had easel Trout &lag 11 higher price T Is it fair to the wh ere they desired to li s i e him emp l oye d on State that she should be debarred from get*, this very Recant. ?tutee sat at a public ta ting more than this company offers! Isi it bia'irbere Mr:Pairatiliorf.,nOW one of the Astro fair to : i sokiete pu b l i c property into t h e Oat Judiess.of this eounty•congratulatsd Mr. Mercer /a ceenifin _this len. crw elands. of .4:;.. - Loorispalay to go puziaiakni - of i i .2. g •I' D6 ? l il can* a laelief armed f. Itdei not orientste with A;rfhereciusriatriies awl an octitioiist asid is_ -- '' • ' f 4)," q qg .- 'nor ' • - • _ . Q e . , r, dui ;bey even ha:kW - call titiatiriasactitm a Isle V' - - Atellfnuaanciabeldea, until the y fiund them it laltreped that the Settat€,Pl - 410: la trelearanferig beyond *advance from ilia As the subject. The first Monday has passed without the bursting forth of the periodical timuderguit, wad- we presume the 'second Monday will also; stud:thst, Wilmotwill not venture to hold any meettrigs during the pres ent term'. either in the cowt room or else. where. There are go:4 reasons for his not doing so. .The overthiow of Pressen:aims in '54, and Lis own utter defeat for Governor . last fall, bare had ' _the effect of cooling his fiery ardor, th e la tter. especially. But were all- other objections removed, the recollectian that.his conduct in the past has been under , going, toa certain 'extent at, !cast, an inveiti. - gation- at Bartisbuig, would alone be quite . suffices: to force shim into quiet submissiou:to the imperative demands of justice. Ha Will not date continue bis,,couze of wrong-doing so lon.g as b e, trembles et the uplifted rod - of ... _anßGient:._:l,etLiin , • Again get beyond the reach Rep': wilt aken Mate men *sped the righ,. *L•ei tiothicv"e.-I:ette reach them. Is it- . by f : Authority We notice That :the Chicago Tikes, - an , wainces, :Mayer: others, who sve to stump Illinois in opposition to the Democratic party next,fail,tlie names of - Gor. Wrn. F. Packer and David Wilmot of this State. Whether these gentleman hare signified their intention eiidolng„ We a: i t not informer!. So far as it relates to Gov. Packer we think the an- nouncemtut is made without his consent, for he can not have so far forgotten his businetis as to think of stumping any State, especially . where he is in no way interested ; and 'that ho should be spoken of as likely to be bar 'nessed to the car of Black,Repablicaniimalong ' side , of - A.71=4 and Giddings, looks queer ._enough. We believe it a slander' upon the chosen_Governor of• the old — Keystone', to in timate such a thing, yet his - course shon'ld'be such as to rebuke the idea, and we confidently hope it Will. 'As to Judge Wilmot, perhaps he will stump Illinois; but it is more likely that if he ventures upon this business it, will be - confined to the-13th Judicial district mit the bill to pass in its present Shape;. or that fipally the Governer; who seethe 'to be using *Si -4to Poker very ,. extensively, - 7 (41 -meet the luestion t The: Pittsburg •Vaion sexy appropriately remarks that "the boy: and Btie gift has been - having i !pretty fair'rnn is the lower flouse ilarrisburg, jvhich vre regret ,to tee. The bill, as it stands, is ri•fraud and.a wrong upon. the State, for the bencfit ef a private corporation at the ex pensaOrthe tax payers, and we still confi. dentlf !OA for its defeat. But if' , .it should be-permitted to pass, we expect to find goy. Packer as prompt to defeat a -great public wrong; as he has been to resist a rpoisible private grievance, by the ezerciseaf hit Can ; stitutionat pOever ! We Vase a right to ex re/m.lllls of him, but we 'hope The legisla ture Wilt save him the 'trouble of discharging this. plar n duty." S 7 Rev, .1. B. King's lectures on Friday last at Academy Hall on the origin, habits, &0., of the North Arnencan Indiana wean very well attended, and we believe satit6ed•the audience generally. R2)IAREASLE.—There is not now in Penn sylvania, a single true Democratic piper, in favor of the admission of Kansas into the Union under the Lecompton constitution. Those in favor of the 'Administration,Nare either hirelings or renegades from the late Whig patty. We challenge contradiction— Berk: County Press. Our only reason for contradicting the above—for pronouncing it one of the silliest, most groundless and truth-perverting asser tions we ever read in print, is to see what facts the know nothing organ of Berke county can refer to, to sustain so libelous an attack upon the press of our State. Perhispi the Press will next assert theft Wilmot received. a rousing majority for Gov. last fall in the State, and especially. in Berks county! Or that Fremont was chosen Presidnt in '56. To do so, and "challenge contradiction" .would be no less truthful and silly than the above. Letter to Judge-Wilmot. deep rooted belief . 'lli truth is,. the 'belief originated from what -individuals have seen in :court; Item what they have observed 'themselves from ay to day, as the 'business a theocourt transpired. The remark is fre quently made to hie, to ,;bin your .ear it is necessary to employ Mr. :tolerant. No other lawyerla mentioned as possessing this charm. In your ;court thb client seams to feel safe I.with Mr: Mereur,' and - unsafe without him.— This state of thinought not to be. The due administration ojusticb, ought mot to be rob bedfl of 'her Neut. in this way. . Yon ought to end _a helping 'hand by re signing at once ; I btit this I do not expect un der extsting,cirenmstaaces. When as respot able, and arileteligeein.lbrie; is there is - in the Commonwealth, not a member of-which, on any ocession,lbas been wanting in - respect to you, are heralded throngh-your papers as conspiritors, for barely asking the Legislature tkreneedy the ei i 1,., it evidences with - whst p pertinacity the ashen, acid your ill acquired right- is to be maintained , and justified. Perhaps I ought, to close my answer here, but you enquire lof,me, "to specify any de " cisien, decree, order, or ruling, in which "you have been guilty of partiality, or _pant " ical bias, the thus when, and the navies in " terested in said decision, decree, order, or "ruling." Tolwhich inquiry • _c; ~. call your attention to the case of II ~;1' Cash, against Sarah Bosworth, No. 186, leer. Y. 1853. This case was brought before you on certiorari, and the decision on the sufficiency of the-officer's return to the summons. The return read!, "si ved on the\witlein by why Oct. 23, 1847." On the trial of this suit,yen t, ' had before you e affidavit of Mrs. Bosworth that she never hied any notice of the auit, nor knew' anything about it until some years aster when she immediately sued dut this writ.l I took more than usual pains to look up find call your attention to the decisions upon he subject. They ell went to show that thekffi cer must in his return comply, with the re quirements of the statute to give the justice Jurisdiction of the parties, iko. Mr. Mercer and Elwell,-werei employed for Mr. Casb; you decided that the; return was sufficient, and af firmed the judgment of the justice. I . wi 1 1 7 _ al so call your attention to the case of Charles Ilatrington agaihst•Ulysses Mercnr, No. 355, Dec. Y. 1856. ;This was also a certiorari, and the ReceptiOn was to the return madioi the service of' the summons, whiob reads; " - Sewed the within by-leaving a copy of the same at the hoeux of the - within named de fendant Oct. 31; 1857. In this case, as .in Cash's case, the 'question and decision was on the deficiency of the officer's return. You reversed the judgment of the, justice, on the ground that the officer's return was item& mem. Oa the :trial of the last case,' called your attention tkthe ruling in Cash's case but to no effect.' If you had taken the stat ute into your hinds, and bed been guided in both cases, by the plain reading of the same, your decisions i 6 both cases might have been ditlerent, you certainly would not have decid ed Cash's case as you did. If you-intend to affiirm by your !question to me, that you rule your cases unifOrmilv and impartially, then, in reply, I would Rai you and your friends to reconcile - your ruling in these cases, and leave the same,with this remask,- that the ruling in the two cases cannot be reconciled. • - In the case of Caolbaugh against Roper, I took exceptiona to your charge to the jury, requesting you to reduce the same to writing. and file it of record. I called upon you at three different times to file -your charge, I _ }lava riesee-sucieded in.iettinir the charge, i re no do kaow the reason my YOU [COs, LO file it. •-I made up my minch-to take steps to compel you to do so, but on examining the record, I could' not find my exception, and request,or anylminute of record. There the matter remains', and will, for I shall not trub le you farther ten the subject. In the easel of Rathbone against Higby; the plaintiff lerought an action of eject mint for ten acres of land. The defendant offered to prove that he bad liberty from the owner of tite • hind, to enter and make im provements, all'd that he would convey on payment for the same, fifty acres, including his improvements. That after this arrange. ment, and after the defendant ,bad eptered and made iinptovements, one Asehal Loomis agreed with the defendant that he would pur- Chase and pay ;for the same, and if the de fendant paid him - a certain amount in a fixed time, he would convey ten acres to him, in cluding his improvements. That within the, time fixed, defendant tendered the amount to said Loomis, Who denied the parole bargain, and conveyed to the plaintiff with full notice. Mr. !demur and : Elwell objected to the evi dence. You intimated an opinion that the evidence ought not to be admitted, but on referring to the case of Herrick against Mer rick, 0 Harris; 120, where his Hon. Judge I3e:1, had colleted and fully examined the au thorities Upon the statute of frauds, and after being referred to one or two decisions by Mr. Mercur, yin adjourned until morning. The next morning 'I rose to cite additional author ities, and you remarked you would hear the other side, you heard them fully, and decided against me, stthinut giving me a chance to answer th(eannorities 'produced, or the argu ment of the counsel at all, I then thou'gnt, and still think, that your deciding against me,witleont giving to me any legal right to reply, was a high-handed outrage upon ;the due administration of jus tice. When the opinion of the court is with a lawyer, then with propriety he may deny a hearing, but, to decide against a party, with out giving the party a hearing by himself or counsel, is a direct infraction upon a man's constitutional rigida, and such an arbitrary exercise a authority as to render his judicial character obVious. I felt somewhat upon the subject, because I believed hati you given me a hearing, you" must have admitted the evidence on authori ty. The decision was disastrous to Higby._ lie was a man of some eighty years, with a large family of small children, miserably poor, and this ten acres of land was the only place on the Face of the earth he had to shel ter himself !and family, and was iithout means to cOtrect your blunder in the Su preme Courti, His right to the ten acres was as utiqutiotiable as judicial decisions could make-it. i .W. WATKINS. From the Harrisburg Herald Letter to Judge Wilmot. We invite the attention of those of our readers may have any doubts as to the pvo priety of abolishing the 13th Judicial Distrfct, to the following clear, forcible and candid letter from . E. W. Baird, Esq., written in re sponse to aitotonianication from Judge Wil _mot. "Mr. B. is one of the most prominent 1 members of the Bradford bar, and - the inde pendent' spirit of ttuthfulness which is shown lin his letter,!ehould convince every one of the intolerable disgrace whieb will be entailed. upon our Snits if Wilmot .is permitted to re main upontihe Bench. A petsonil acquaint .ance with Mr. Baird, enables us to speak with confidence of his! position, which is that of a high-toned, italented gentleman, who would -nothaie taken the stand' helms donaexcept• fro* the purest motives of justice and tright . .t . _ Tormini, Marcb 2t, 1850. .7101,13. Wamov, Sir printed cir, ottlartif the 3d inst., wea-dely received oo the day'of itsr:dater„in which you make several demands vpon'itle.for enecifications. I. did not then,nordcr L now, understand the order of the couimittee - gif _the 'Senate, to which you ,-refer, as calling on me Jo answer you, , lant, to' said corntnittee; nor de 1 recognize the sight of a defendant, or one• in.a negative pOsition, to dictate.to a plaintiff, or one hiving the tff ,firmative:as to whet be shall claim In his declaration. I had made up my mind not to answer you at all, but bare changed it. The memorial to the . Legislature, signed by myself add others, 'members of the Bar- of Bradford couoty-, asking that' this county. be attached to-the ..XXVltliJudicial District e did net, ehargethat..you- had 3n any -decision decree, order, or ruling beet); guthy of-pa?tial ity or political bites, ' but in said memorial we did assign as a reason for asking_ such legiss latiou " that in our opinion the due adininis tration of justice demanded the passage of socks law." Can you; sir, deny tbis allegto , Lion 1 Wi ll you siontenirthatjustice - is like ly to be admikistered by a_ court whose Pres dent Judge is in.the ceastata habit of making speeChes in his courtioorn, and de emu-acing thasoapposed to him in polities - in the most vindictive allti bitter Wiens I Will you contend that a jury of twelve Repebli cens, (for the names of.few other' ,find _their way to-our jury wheel,) would, be likely to heed - the arguments of a lawyer who had, perhaps, the very evbning before the trial_ been denounced by . this Jndge as dishoneet and unworthy . c onfidence I Will yeti pre tend - that snitors would be likely to employ a lawyer who has thus bee*. denounced by the President:edge of the court? And yet you cannot and will nat deny that suoh has been your practice for several years past. After you bad, in 1851, by importunities to Legislators, and making pledges to quit polities, procured the passage of a law mak• ing and constituting. this judicial district for your own special benefit; and after you . had by you own intrigue, and the unjust and improper interference of wine Democrats out side of the district, procured thiknominatien, ageipsfthe ex_pressed will and desire of the Democracy of - Bsisqiiehanna and Sullivan counties, you came to me, and other Demos orals, and solicited our support. Yolideclared that it, was to you a "question of bread."-- You said you desired to go upon the \ bench without opposition ; and promised faithfully that while it was you - intention to vote the Democratic ticket at all' times, you would not if elected; inteoere-io polities.boyand that Upon these solicitations, and .rely;eg upon your promisees to eschew political life, I gave you a cordial and zealous. support, while a large number of our citizens voted for my friend and brother-inslaw, Wes. Elwell, Esq., although he had declined being a candidate against you.' How - for you have kept you pledges, let the history of political jutispru 7 dence in our county :Twee. From the time you were first commissioned and took .you seat on the bench, to the pres present tithe, I have upon - all occasions used tny best endeavors to extend to you that cour tesy, cordiality and tespect due from a mem ber of the bar le the bench. I \ will cite an instance—ln the fall of 1855, when Col. V. E. Pinlelt and S r W. Sheppard were demo cratic candidates for ihe Legislatere in this county, and you were stualpiug,the county to defeat their election. I had client in jail, David Jacquies, who had been arrested upon a capias ad respoadenclum, at the suit of John Hooper, No. 127, Dec. T., 1855. On Mon day morning, October Ist, 1 met you ,u • office, and said to von 4 desired to do aome._bueouNs at your tooter beta the nett day, and told you what it was. You had beep absent the week before, mak ing political speeches in the eastern part of the county, so that this was my first oppor tunity since Jacquies was put ,in jail, which was only the sturdav previous: You. replied that you had intended to go` away, but would stay if 1. required it to attend to my business. I knew you were advertised to speak at Ath• ens on Monday evening, and at Ridgbury the nest afternoon or evening. Desirous to ac• commodate you, and enable you to fill your appointments, I offered to have Mr. Jacquies taken to Athens, a di Lance of fifteen upon a habeas corpus; on Tuesday morning at nine o'clock, for the hearing of my applica tion for his discharge on common bail.. .You appeared to be pleased with the arrangement, audit, was so done. I will here repeat that, upon that, so upon all other occasions, it has been my honest de sire and intention to be accommodating,' cor dial, court s efus and respectful to you, whether on or off the bench, yet I cannot say that I have been treated in the same courteous and respectful inanner by you. My attention, has often been called by persons in the court room to the snearing, snarling, snappish and con temptuous manner in which you have ad dressed me. Not being of a very sensitive nature, I probably should have thought less of it, had not my attention been so frequently called to it by others. Nor am I the only member of the bar who has been thus treat ed by you. Your general bearing and con duct towards members of the bar who are opposed to you politiCally has been common talk among lawyers and others attending court; although the lawyers have done all they could honorably, on account of their own interests, to :repel the well established belief that Democrats have not an equal chance in your court while I admit that the court are entitled to all respect and eburtesy from members of the bar, I claim that there is a certain degree of courtesy, .kindness and forbearance, due-from - the court to the bar, Hitting suffered under this state of things until our condition had become almost in tolerable, and our professional duties burden= some, and you having resigned your commis sion in July, 1857, too late to. enable the people to elect elect a Judge at the October elec. tion, an,,your successor, Judge BUllock, having presiZtd one term to the entire satis faction, I believe, of every member of the bar, as well as all others, a petition was sign ed by every gumbo of our bar in attendance at court, except one, for- his re-appointment, yet you received a commission from a weak minded Governor of your own political faith, for the present year. Eighieen members or your bar then signed a petition to the Legis lature, asking that our county be attached to the XXVIth Judicial District, How then were we'treated 1 Your two organs---:the only papers published in the county--set up a general howl.. We were called "conspira tors," persecutors," and charged with being actuated -by "envy," "malice," "hatred," and "revenge." Private letters, marked 'confiden tial,' were 'pilfered or purloined from the office of respectable lawyers * and published, accompanied by 'remarks of the most violent and denunciatory character. The 'good people of Bradford county were called upon to maintain their rights, Wen at the memo of "deadly strift ;! and it was repeated in your organs over and over that this whole Motement was s personal. matter aimed at you. Now, sir, who ever dreamed t k efore that you was the only person effected by a change in this district ; you that possessed, a complete title 41 fee simple, and that there . could be no change:in lines °without a con= ieyanc , e from you_ ; - if you , claim it as per sorial mattit aroj'aVikalk tiftirlon man ad 4,thiVrae las ifeitilf64.ititilusitiViiireoual 'enemies in the distriztfifsiVinitainly _no man Wilt to set upon the.befnCh to administer lustiee -- sn'acliitritit isiter4 - has — tiv — e ilmneatid. persamronemies to ptinish. Nor will* it avail-you to deny your participation in lhes public - 40cm of - those articles 'referred to fns' it , is a fact 'well - known-to noidvof our Most: , . respectanle'citrzens that d large - 'share of your time was spent in the printing officts, while 'those articles were in progr'ess of publication: • In your -pdlitieal specches,, which-Ihave listened;-1 have hesrd you say,mtielr about "free speech," and "free men." Had we the right to petition I Were wo "free men 9" Or were we properly , denounced as "conspir• ators" and "persecittors,fr because we had the independence, the manhood, and the boldness, to stand up and ask the Legislature fur relief from what we believed to be a serious griev ance 9 Again—you and - your Mends talk ' much about the "dear people" being deprived of theit privilege of electing their own Judge; ana about the "bad precedent" it will set if our prayer ilWiuld be granted. As to" - the firat—would it not have been well fur you `to have thought of it last summer, and resigned in time to enable the good - people to elect a Judge I And as CO the matter of "precedent," I would ask yon - what you thint of the p'reco• dent set by a Republiean Legislature anal Governor, in the State -of Il'fassachusetts, by the removal of Judge Losing—bearing in mind that our application does not propose to remove you or any'one else. I will now close, by expressing the great satisfaction I have in the . happy consolation that whatever may be t he result of our ap- plication to the Legislature, I shalt still be a "free man." Respectfully yours, E. NV. BAIRD Address of Mudge Loring,. We publish below the.address - of the Hon. Edward Lct , ring to the people of Suffolk county, giving his reasons for refusing to re sign the office of Judge of Probate, from which he has been lately removed, by the Governor of Massachusetts, on the "address" of the Legislature. Our readera will refer to peruse the doctiment itself, rather than any synopsis ee might make of .it. To•the Inhabitants of the County of Suffolk:. Having been removed from the Probate Court of the Couuty by the Governoi of the State, on his allegation that., had disobeyed a constitutional statute, •I seek to remove from my conduct an imputation made serious by thb.official position of rti• accuser. The Legislative act of 1855, chap. 488, is a part of the history of the times. In that year the Executive of the State, upon tire authoratite opinion of his - Constitutional le gal adviser, the Attorney General of the State, refused his official sanction to the act, on the ground that it was unconstitutional. In 1857 the Joint Committee of the Legisla ture reported that the set was uncoustitution al. In 1858 the Joint Committee of the Legislature disclaimed its Use as an obliga tory live, and the Senate by its vote refused to adopt; it, as the reason of its action. Under these circumstances, Gov. Banks has forehorne_ his constitutional right of seeking the opinion of the Supreme Court upon the constitutionalitvif the statute thus described, and has made his own opinion on the question of law involved in it, the only ground of his official and extreme procedure. If he has obtained any other opinion, it is not shown to be either of those which the Constitution had provided for its guidance in muttora of law, and winch it had thus made official, and to be delivered-under that official responsibility, which is the only defence of the public, against opinions purchased and moulded'hy corruption, for party •pirposes. The Constitution of Massachusetts - declares emphatically, and provides carefully for, the independence of the Judiciary ; and to insure it, it tiles the terms tenure of judicial offi ces, and among other things for that end, it prescribes the imeompatilolities of judicial offices, ; and thus removes that subject from the actiou'of the Legislature. For if the Legis lature could annul an incompatibility, de clared Ly the Constitution, they could destroy' its safeguards. And if the Legislature could create incompatibilities, not declared by the Constitution, they could baffle its purpose and destroy the independence of the Judiciary. 'or the power which can create incompati bilities of. Office for judges, controls the Ju• diciary ; it may prescribe to judges, the so cieties or parties to which they shall adhere, the property they may own, where they shall. live, and what they shall wear. If the Legis. la -tune of Massachusetts cannot do all this, it is because they have not the power of de claring any incompatibility of judicial offices —for they must have the power altogether or not at all. They have not the power, because - lhe Con stitution has'itself regulated the matter; be cause the Constitution has not expressly given it to them, and their postssion of it would be inconsistent with and destructive to the avowed purpose of the Constitution' in regard to the independence of the Judiciary. The Legislature way 'erect and create judicatories,' for-they are expressly authorized to do so; but this is to• appoint functions, not to'. de clare incompatibilities, -or the terms of-judi cial tenures, which for the Judges of the judicatories they - create, must be those and only those which the Constitution bas' pre scribed. The 13th section of the act of 1855, chap. 489, sought to create an incompatibility in judicial offices, and for the reasiir, I have stated I believed that it violikted the Constitu tion, and therefore I did not obey it. If that section is constitutional, my official po sition made my refusal to obey it misconduct in my office and punishable by impeachment, according to the forms prescribed by the Constitution for hoe:Boilable offences, and then toy punishment without such constitt, 'lone! forms is in itself a flagrant infraction of the purpose and letter of the Constitution, for It involves, and is a claim on the-part of the - Executive and Legislature to create in compatibilities of judicial offices—to dspense with trial by impeachment for impeachable offences—lto determine conclusively the con stitutionality of their own laws and carry them into execution by their own processes. The probability and the peril of all this will be the greatest when the action of the Legis lature of Massachuietts shall be controled .by a party, and her Executiie be the prostitute of a party. Neither the Executive nor the Legislature are the judges of !the constitutionality of a law for the action Of other t; and every wegis trate,.• and every citizen must determine that question for himself, subject to the decisiolk of the judicial tribunal, made authoretative over him by the Constitutir. The refusal to obey an. unconstitutional statute, is the only lawful means by which its unconstitutionality can• be deter Mined and- exposeid; and it is only by obeying constitutional statutes, 'bat citizens and magistrates, can perform their duty, and fulfill' their oaths -"to, support the Cotinitution. But the usurpation of the power to create incompatibilities of otce;". threatens and as sails not only the independence of the indici stry, but. tbe individual right of all the )Itba bitants of tbli Votrunonwialtb,, hailing - boob qualities as itre.oltiMiallitiAll4lol, - Vraiikroi , ipm nr! , en ) ; 4 ~to: 614 ; `pirbile -'eraeuvenents; For tiCgielatitra. to - atlicers appointed by the Gorer . uer, they create anccnipatibilities for (newt eleoted , by the people, sad thes fetter and destroy that equality of right which the Cottstitution itiatites; for the power to detilare - qualificatio6 Idr-office is the pOwer to declar6. who shall :tams. Respectfully, yottr fellow citizens EDWARD G. LORING 'r Senator Douglas .may be perfectly honest and - disinterested in the fierce opposi tion he is now waging against the adminis tration on the Kansas question. We have been exceedingly reluctant 't) think he is not. At the same time there ere some thine which . , stagger us not a little. Dasi-=-How was it that a friend of the ,adrninistration, arildotis toritsisucces, should have been thefirst to strike at the President's .annual message as aeon as it. was read in. the Seeate,Zatid that not in the mail olt-hand im promptu way. :but in. a set and elaborate sOenh, beating on its face, evidence of hair. log been carefully prepared for the occasion, for it las pretty well understood beforehand what ground the message would take in re gard to the adthission of Kansas? &nose— Why:is it that( the Topeka men in Kansas, whom: tenafor Poughts held 'op in 18:54 as rebels against the laws and.griv einment of the Territory, are now become all of a suddin—litn.Lane, Rubinson and ail— jaw-abiding people; while those who were then' taw-abiding men, are now (mind toNbe rebels? (Setiator Douglas recently said on the floor of the Senate that there were " no rebels in Kansas except the Lecernptob men." Tuna--Why is it that the 'Senator's speeches are by scores of thousands, - being printed. bought and circulated by the Black Republipins and Know N'Othings 7 -by men, who a short-time since, abused and berated him as the most dangerous man in the mien try, and who burnt him in effigy as the chief of Democratic sinners, calling him a Benedict Arnold? Fousarn—Why is it that the Senator has, of late, been so iraneible and captious'with his old friends on ti e Demoeratic side 0* the House, while .he has grown: to he so much more brand; gentle and courteous to Black Repablican Senators, whom heretofore he could icareely treat with common retpect 1 Firrii—Whir is it that the'ltales, Wikcins, Trumbulls, Wailes and their abolition co-ad juturs in Congress, are now become the chief eulogistA of the fliatitigtoblad 8.-tatior, when. till now they hated him with a perfect ha tred SIXTR —Why is it that hero and every• wliere, an - entirely new set of men are found lauding and praising to the \ rkies, Stephen A, Douglas, the man they used to denounce aq the prince of demagogues and an umprin eiphid political ttick.:4er SEVENTH—Why is it that the Senator has ceased to rebuke and denounce his old oppo nents, and turned all ids _displeasure appa, rently, upon the men with whom be formerly acted Facurn—And why is it that,he; who was the Ajax of ,Demociacy in the Senate, and the, first always to oppose and denounce the Black Republican; can now keep his seat and never interpose a - word of objection.or remonstrance when his old opponents are claiming him openly:La a convert from tlh, Democratic ranks f It' has not been lung since one of the blackest of the Black Repub licans—Wade, of Ohio—took Senator Brown, of Mississippi, to task for quoting against the Topeka faction in Kansas, what Mr: Douglas hod .nid of thew iL the Senate in 1834, tell ing him th 4 he, (Wade) would receive any thing that the Senator'-from Illinois had said "since his. conversion," but that it was not fair to bring. up anything he had said berme that time. Now all this may not, and we would hope does not prove .rertainly, that Senator. Douglas is tired of the _Winner:l6e party. Yet we cannot help suspecti-nag or fearing that all is not right—that there is a cog out somewhere. Time mill hhov... A 4, present the signs are hr no means propitious. —Evansville (Ind.) Enquirer. JOIN VAN BM:EN-TlMStmt. I)OI2T,LAS. John Van Buren recently said, iti a convivial speech: "Well, gentlemen, there is one family has got, back safe into the democratic party to stay for life. It is the Van Buren family ; and if S enater Douglas only knew the long, dreary road he has to travel, the deep, rear ing streams he has got to swim his horses over, the dark, stormy nights wherelhe wind will blow down his.tents, and - he will be forc ed to sleep on the ground with the rein pour ing on him in torrents, the high, steep, and rugged. mountains he has got to climb; the interminable deserts, where there is no yzood or water, be has got to cross, in the road he I his taken away from his 'fathers house, be would, in my opinion, take the straightest -chute back in the democratiO camp." The roar that tolkosed John's description of the dangers and difficulties o' f the route fie himself had traveled since 1849, may be imagined, but not described. A FREE STATE KANSAS PATRIOT.--Dr. Gazzarn, the indelible Republican State. Sen ator from Pittsburg, made a minority - report on Kansas last week, in which be quoted the remarks of one G. W. Deitzltr, Speaker of the Kansas House of Representatives, made at the adjournment of that body. The Doctor called the wrong witness on behalf of bleed ing. Kansas, for Col, Straub, the Senator from Schuylkill, knew more about Deitzler Jinn the Doctor liked to- hear. 'The Colonel aro-e and stated that this Deitzler formerly lived in Schuylkill' county ; that, he removed thence to 13ernvilie, l3erks county ; that he became the acting Postmaster at Bernville,and robbed the office -and ear. away, stealing a hor,e to help him on his haste journey. lie is a Kan sas Free State Patriot now. caving run fur freedom in Pennsylvania, he does well to shriek 'for freedom in Kansas.— Chambers burg Valley Spirit. . The Ramps UM hi the Howie.. WAsmovon, Apri6l, 1i358. The House was called to older nt the - usual hour, and. after reading of the journal; Ike, Mr Stephens (Georgia,) said that one o'clock having arrived he moved to take up the Sen ate Kansas bill. The bill was Rat), and Mr. Giddings (Ohio) objected to a second . reading. Under the rule, the question recurred, "Shall the bill be rejected 1" Mr. Stephens demanded the yeas and nays. The vote was taken, and acted, yeas 00, nays 187. . . . The bill was then read a second ' bme. . Mr. Montgomery (Pa.) then offered the Crittenden substitute as amended by the An ti Lecomptou Demecratic Conference.. Mr. Quitman offered a substitute, which is the same as the'Senate bill, with the oinission of the declaratory clause that the people have the right at all times to alter or •amend. their Constitution in such a manner as . they may think proper, etc. Mr, Humphrey Marshall wished to amend the original Senate bill, hy-etriking out the same clause 'proposed to oinitted Quit - teen's subititete: N • SterAens refused\to• yiehrige : flOor for „Oak' thlyeendecf „the f.rkevkkte iteeitOotr.. - - • - MiAtersialhianteiiirAtepliiiTaa4 to be borne in.inind irnki 'entered on the rye oni. • The question was 'thin taken tin Mr. Quit.: man's. su hstit • ' It:was iiegnii.ved:--ynas 12, 'nap fito; The quetwin then recurred lir. Moat gomery substitute ; and it Sias : adopted-1 yeas; 120, nays 112, as follows: ; - Yis - s--Messrs. Abbott, Adrian, Andrew.,- Bennett, Bihinglturst, Bingham, Blair, Bliss, Brayton, Buffington, Burlingame, Burroughs Carriph2ll, Case, Chaffee, Chapman; Clark of Connecticut, Clark of N. Y., Clawson; Clark B. Cochrane,. Cockerell, Colfax, Condos, Covoda, Vox, Cragin, Curtis, - Datnrell, of Maryland, Davis- of _lndiana, Davis of Mass., Davis oil-lowa. -Dawn's, Dena, Dick, Dodd, Durfee, Edie, • English, Farnsworth; Fenton,.. Foley, Foster, - - Giddings, Gilman., Gilmer, Gooch, Goodwin, Granger, Groes beck, Grow, Hall of °Lin, Hall of Massachu setts, Ilarlan; Harris, of Maryland, therris Illinois, Baskin, Hickman, [loth!, Horton, Howard, Owen 'Jones,. Kellogg, Kelsey, KR gore, Knapp, Kunkel of Pennsylvania, Law. ranee, Lvu:b, Leiter, Lovejoy, McKibben, Marshall of Kentucky, Marshall of Illinois, Matteson, 'Montgomery, Morgan, Morrill, Morris of Pennsylvania, Morris of Illinois, Morse of Iltaine, Morse of New Yolk, -Mott, Murray, Nichols, Olin, Palmer, Parkir, Pen dleton, Peitit, Pike, Potter, Pottle, Purslane., Ricaud, Ritchie, Robbins, Roberts, Royce, Shaw of Illinois, Sherman of Ohio, Shaman of New York,Sniith of Illinois, Spinner, Stan ton, Stewart of Pen nsykva n ia, Tappan, Thayer, Thompson, Tompkins. Underwood, Wade, Walbridge, Waldron, Walton, Wishburn of Wisconsin', Washburn. of Maine, •Washbura of Illinois, Wilson, and WOOd.. NATS.s—Messrs. Ahl, Anderson, Arnold Atkins, Avery, Barksdale, Bishop, Bocock, Bonham, Bowie, Boyce, Branch, !Irwin, Bur. nett, Burns, Caskie,Clark, Chti,Cletn (MN Clayton, Cobb, John Cochrane; Cot niug, Craig, of Afo., Craigeof N. C., Crawford l Curry, Davidson; Davis of Afississippi, Bowan-, liannarck, Duwdall, ' Mammon; &sits, Faulkner, Florence, Forma, Garrreil, Gi,liis, \GL,ode, Greenwood, Gregg, Hatch, trawkins, •:Hotiston . , flughv4; Huy: ler, Hill, Jacaun, Jeultitt, Jewett, -. Jones'of Tenn., J. .ilitney Jona:, Katt, of Md., Lamar, Landy, Le4aly,, Lowlier, Mae lay, M'Q leeu, Mason, Majiiard, Aide ,Miller, Mii,on, Moore. Niblack,l Peyton, Phelps, gunman, 134ady . , Re.tigan, Beal', Ruffin, Russell, Sandidge,' Savage Scales, Seott, Searing, Sesard, Shar i ' of N. C., Shorter, Sickles, Singleton, Smith of Tenth, Smith of V 3., StallWarth, Stepherni, Steven son, Stewart of Md., Talbot, - Tqlor of N.Y., litylor of La., Trippe, Ward, Warren, Wat kins, White, Whiteley, Winslow, Woodson, tendyk-e„ Wright of Ga., Wright of', Tenn., and Zollieolfer.•• The House then proceeded to voteson the Senate bill, as amended by Mr. Montgomery's substitute, which was carried, yeas 120, nays 112—being exactly- the same as the vote mei the adoption•of Mt. Montgomery's Substitute. After the announcement of the result the House adjourned. , ' The bill, as thus amended, contains the . following provisions: .., That the State of Kansas be, and is hereby, admitted into the Union on an equal footing with the original, States in all respects what ever; but inasmuch as it is greatly disputed whether the Constitution, formed at Leaotap ton,-and now pending before Cingres; was fairly made, or expresses the will of the peo ple of Kansas, this admission of her into the' Union as a State is here declared to be upon this fundamental condition precedent, namely, that the said constitutional instrument Ithall be first subjected to a,ote of the peopleof Kansas., and assented to l) them, or a major, ity of the voters at an eletion to be held for c.,,, the purpose ; and as soon s such assent shall be g'ven and duly mare k own to the Presi dent of tlee United States, Ito shill announce the s.one by proclamatiOnl; and thereafter and without any further proceedings on the part of • Congress, the admi4sion oft- the said State of Kansas into the Union upon an equal .)otir.); with the original States, in all respects whatever, shall beeoroplete and ab solute. At the said deeded the voting shall be by ballot, and by endorsing on his ballot, as each voter May please,- ie for the constitu tion," or "against the constttution." Should . the said constitution be rejected at the said election by a majority of I votes being cast againstl it, then, and in tha. event, the inhale. e itonts of said territory arelbereby authorized and empowered to form for! themselves - a CO stitution and State GoverMent•by the name of the State of Kansas . preparatory to its ad mission in•o the Union, acOorsling to the Fed eral Constitution, and to jthat end mhy elect delegates to a Conventio d 'as hereinafterfro vided. e - . Another section constitutes tl:e Governor and Secretary. President/of the council and Speaker or the House, al Board of Commis "sioners to see the elections fairly carried out, and empowered to prescibe the time, manner and planes of election ; after the constitution' is framed by the Convention, it shall be sub mitted to the people for adoption or rejection ; and that so soon as the result of-said-election is ,made known to the President of the Uni ted States, he shall issue a proclamation de claring Kansas one of the States of the Union,. without any further legislation on the part of Congress ; all white male inhabitants of said territory, over the age . of twenty-one years, who are legal voters-under the - laws of the territory of Kansas, and none others, shall be allowed to vote; and this shall be -the only qualification required to entitle the citizen to the right of &Wine in said 'elections. TUE COINAGE of the li. S. Mint, inThila delphia, for the month . of 'March, Was $250, 722,50. in gold, principally its double eagles 376.000 in silver; wholly in half and quarter dollar pieces; and $18,060 in cents. AV' The. Counecticrit Election came of on Monday. The fusion State ticket is elected by at least 5000 majority." Both branches of the Legislature wiltddils an opposition majo rity. igr The Ring of Prussia holds a million dollars of the first raortgage bonds of . the' Brie Railway, winch mature la 1862. Pztcuz. 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Significant historical Pennsylvania newspapers