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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