AuyElogweft. Paesugc. We make the followina extract from the 'able and eloquent defence of the Supreme (,curt of the United Stitet;„,by Senator Ben-. jmnin of Louisiana, on the 11th of &larch, in reply to Senators Seward and liamlin, who tad_ spoken disparligingly of the Court in general, and Chief Justice l'amiyin particu lar, as also of 'President Buchanan ; • "Now, Mi. Pm.ideat, I come to another Pant -ain-4V---41.1reRcAti4hiell approach. - eitreine pam; with unfeigned regret.— Prom yearliest ohNhood - I have been taught - to - rev judgee,,ot the. highesicourtin she 'land. as men selected to render justice betwe4if litigants, not moreity reason of their - -eminent legal acquirements than because of a spOtiess purity of character, and,enditomed_ lustre of reputation, which removed - thni far, - far beYond even a doubt of their. integrity.— , The, long line - of eminent' judicial worthies, taltich seemed to have culminated in a Mar shall, has beim continued in the person of one upon, when' the highest eulogium that can be pronounced is to say that ho-was eminently worthy of being the snecessor - Gf that illus. trions jiffige. I know not, 'Mr. President, whether you, as I, hare had the good fOrtune ' • to see that magistrate in the adtninistmtion - of justice in his own circuit, or in - the court sitting below u.', of Which he is the honored &ref.' :I know not, sir, whether it has been you- geod, fortune ; . as it has been mina, to' beat- the expressions of affectionate reverence with which he is spoken of by tbe - people -amongst Whom he has passed his pare, his simple, and his spotless life. I know not, sir, whether Yon have listened, as I have, with interest to.,the expressions of 'respect.aad ad miration unit comes from the member*: . of his barin th eir familiar•intercanse with each other--spontaneous, - tributes, worth n, thou--• sand labored eulogies, to his eminent sagacity, to his vast Jogai learning, to,the mild and .‹ serene dignity of his judicial deportment— above all, sir, abiitiall, to the conscientious, earnest, almos,t painful sense of responsibility with "which he' bolas the scales of justice in even -and irnpartial hand between _the litigants whose rights depend upon his judgment. \ Mr. President, be is old, very old, , The infirmities 'of .age have bowed his venerable form. Earth has no further object of anlbi tion for him ; and' when he shall Sink . into " his grave, after a long career of high office in our country, I trust that I do not rudely or improperlyiuvade the sanctity of private life in saying that be -will leave behind hint, in the scanty heritage - that shall be. left for his fa r t - ally, the noblest evidence that _he 'died as be: had lived, a heing honorable to the earth from which he' sprang, and worthy of the -heaven to which he aspired. 2 ." This man, sir, thus beloved; thus revered, thus esteeemed, has been compared upon thi /floor to the,infameas Jeffreys, by'the Senor • from Isl,aine, [Mr:Hamlin.] This man tiiis been charged by the Senator from NU-- or k, [3lr. - Seward,' with a corrupt coaitt" with. the Chief Magistrate of the Union. de chargesi in fact—net always in 'direct irtnguage, but .pai-tly by bold assertion ac‘-' partly_ by .ous soggestions=that Supreme Executive -.Micristrate of the-land and the parties to the Deed Scott ease, pit up a moek trial--that they were ,all in oommon collusion to cheat the Country. Lie represents the venerable Chief Magistrate of our country, whose repu tation hitherto has hag been beyond reproach —he represe : .the venerable Chief Justice —as enacting a solemn farce, ,in the face of • the American people, on the eastern portiCo of this Oapitol; andite - Tells us, that on..the day when -that great se' of upturned faces was hens presented,, all looking on the solemn pageant that was passing before them, the Chia Justice of - the nation was whispering into this ear of tbe President this terms of this nefarious 'bargain—and-that, too, at the very. ' moment - when the former was administering and the latter taking the' oath of ,office, by which the lriirhestinajesty of Heaven was in voked as witness to the purity of his inten tifini in''the., administration of the govern ment:of his e.ouutryl : • - 4 . 4 Mi. President; thrice accursed;is that, fell • spirit of party,x.bjoh deserts the noblest senti ments of the human heart; and which - , in the-accemplishment of its unholy purposes;' • hesitates -at n 6 reckless violence of, asionit on nll thit is held sacred by the wise and good: It was difficult, extremely difficult, for us all to sit'here end.hear what was said, and ob- • serve the manner in which it was said; and 1, .repress'_ the utterance of indigo ; ion - that toiled up within us. All this is arged by the Senator without the proof of solitary fact, on - *Mel to base the foul charge. Lucki . ly, sir, luckily . for us, these eminent men are too-highly plae,S4 in the reverence; the'esti mafion, and the regard ofthe American pea. ple,to have their bright escutcheon injured by such attacks as these. Mr. President, - in - olden times a viper _ . wad's file." _ - Tan Amer Brit. Stoma—The - bill provid ing for raising one regiment of Volunteers for the protection of the frontiers. of Texas, and two regiments 'for service .in the That; expedition, was signed , by the Presiderit on Thursday. Had the Deficiency Appropria tiou- bill passed, it is said that the President would have im me diately accepted, one iegi went from Ohio and another probably: from Kentucky. The Washington correspondent of the Philadelphia inquirer writes that Mr. -Buchanan staled to one of our members of Congress, Quit no Volunteers would be re• quired froniTinnsylvania. THE BODY ery A WONSW nt A CASS.—The New York papers say that on Friday Morn-, ing, lid inst., one- ofie freight agetsts,of 'the Iludsou River Railroad• discovered in st whis key-cask the remains of a woman about thir ty-five years of age. ' The cask had been• placed: on . the. cars west of Itriag,tua Falls and brought to Now York-eity via, the Cen-, tail and Iludson River Railroad:, It was marked "W. R. Jennings, N 0.185, Leonard street, N. Y.," and was,,on its arrival„. (Ist inst.,) sent _to the above direction, bUt no such number was to be found.._ It was taken back to the depot, eornerof Canal and Wash ington streets, and tilde 'by accident, the lima of the owl came out and its contents discovered. The bead and_ bothithighs were savend from the body, and the remains • ap peared to- have been tightly pielMd- They were in a good Mate of preservation and had probably - . been placed in spirits before being put into the cask. The deceased had abort black hair, and full face. some: .supposition is thirty the cask came from some place m Can-. • ada, or from Detroit: The body - has the ap - pearanes-of having been operated upon by physicians; though foul . :murder may' have been. comMittedi and , it sent - off to hide the crime. TITE WOHAN TIC TILE irVAISKET CAEK.—_,The Detroit Free Prers says that, on examination of the frieght books of the - Michigan Central Railroad; in that - eity,:Mi,``Jatnes.Donnelly, the agent, found that the' barrel, which was ' , marked "W. B. Jennings, No. 181; Leonard York," .:irossed the - river at.Dia treit the-18th of 41arch. A 9 • there were .no charges on it except for its passage. Over the. Michigan Ceetral Rai/read, there is , no doubt that the barrel- andita - contents were started froin Chiceso.T . ' tT terrible eritneis ',thus trieed to its sauce; - acidit remains with 0e detentiveSof _ Chicago to unraiel the nays mtery and-bring the perpetrator to a well pier -, viJ punishment: - . - Lattnyst giTiitrat. Editor IZOITTROELIf, rsdsii; April' 15. 1858. --:DEMOeI24ITIC - -NOMINAT I ONS. - -SUPREME JUDGE: PIIILAD&LPII lA. CANAL - COMMISSIONER: WESTLEVEROST, FAYETTE. - - Special Notice.. • . ALL persons indebted to the late firm of McCollum ,& Gerritson for subscription to the Montrose Democrat are hereby forbid den settling with J. B. McCollum, or any person in whose hands he may place the ac counts. Said accounts have not yet been as signed tq him, in consequence of his having refused to render value for them as agreed upon before the firm was dissolved; any col leetions which be may make will be fraudu lent, and his receipts veld, until farther notice be given. , GERRITSOIT. Montrose, April Ist, 1858. , . 'lir The May number of Peterson's Maga zine is fully 4211 to the old standard. It needs. no further recommendation from rm. AV' We notic e t hat `•Mrs. Dale's RecelAs far the Million," is out. We expected • copy from the PULlisliers,but have not y e t peeived it. - , The opposition are boating over a majority . of 3,000 -in CC i irectieut. , Their 'majority in '56 was 10,000, If a loss of 7,000 majority iri two years wards them any con solation they are Weleoae to it. . zr- Godey's l av y's•Book for.,May is on our table. 'Liket •lie first flower of Spring, all will greet is appearance wish pleasure. Although meo than half a century old, this publicatior increases in beauty and vigor tvith ea& succeeding year. 1., • --------wo--o---L------- J r.- - From presknt appearance - it is quite pr ,..iable that a change will be made in our icense Jaws. The original bill has been amended since it was first presented, and may be further amended before it' becomes - a law ; we therefore defer giying a report of it until after its passage, when we will publish it entire. The new law will be less stringent and restrictive. in .co4 . ne of its provisions than the present one: • -,flatter late than never. We notice that Mr. Chase has at last read a bill in place to abolish the office of county Superintendent clf common schools and to provide for the compensation of school directors of this county. The petitions fur this change were sent from here in February, and this Bill was read April Bth, some sif Weeks after the reception -of petitions I At this rite of proceeding the bill can nOt be reached during the sPsiion. JETT The &nate and House still disagree as to the mode of admitting Kansas into We Union as a State._ Although Were,was a majority-of eight in the House, opposed to the Senate - bill, yet the majority of forty-ev en opposed to eotal-tejection, shows a strong desire- to -admit it in some shape during the session. One Democrat has been absent, so far, and his vote with the Sfreaker's leaves six bpposed to the Senate bill. The appoint ment of a committee of Conference between the two Housea'is now perhaps the best mode of proceeding., ' A telegraphic despatch received last night informs us that the -Home agreed to-a commit tee of conference yesterday. - Tho Senate had chosen one consisting-of Senators Greene, Hun ter and Seward, tho day before. All right. • gam` As we predicted last week, Mr. Wil• mot kept aliiof from the meeting on Monday evening, Mow gratifying it is_for a man to behave himself when he feels. that be dares not do otherwise! It will be oetieed" that no . reteienoe was made to the proposition to abolish the dis trict at the: meeting. If -his pasty friends thought Wan " outrage," , they ought to have said so at - this public gathering. The foot 'het they passed it ever in silence, shows that no tenable grounds could be taken against it. • Pursuant to the call for an "Anti- Lecompton Mass Meeting" a very small num : ber of persons met at the Court House on Monday. evening_last. The meeting was made up of a few citizens of the borough,. and a portioc-of those attending court, who were attracted therefrom idle curiosity. A committee on resolutions was chosen,.and Al bert Chamberlin (Justice of- the. Peace) was asked to _make a speech. He said that for him to make a speech would be like the fel low who_wantai to shoot ducks, " when he pointed it one, another got in _the way," which simile visa verified, with the addi. Lionel one that when he (Vied to shoot the other his gun would "hang fire i ", and finally shoot to the wrong. direction. He was ire lieved by the ent?ance of the coMmittetc and was quietly allowed to take a seat:'' After the reading of a set of Kansas reso lutions', Messrs. Jessup,. Bentley and Turrell vainly endeavored_ to instill aleeling,of cour age into their little audience; bit the nature of "the feeling within, partook very much of thatrof the weather without—dampness and gloom. After the talk was over, (under co . *- * of introducing a resolution of sympathy for the Lane party in Kansas which has persistently maintained its- patriotic, devotion to the non-voting policy,ha resolution was read endorsing the propose4ll,,i2 of abandon ing the RepubliCan orpttizatiOn, as such, and uniting with all opponents_of l i the National Administration. ' 'this point had been- left untsuched.by the . committee, but we prt.sume it will be reported as a part of their Work. Wm. Jessup; was chosen senatorial, and Titrell representative delegate, to attend the Uniin Convention: . . Some other resolutions were offered,-all of which were adopted with great unanimiti r especially the last one, (16nejimrn).which .. seemed to plezie men of saparties. , Great ruiion J—when a single element, " foge.".." - tiitif itself. - .— Anotherl r New Party." - - .. The opposition to the Democracy in this . State,=not content With their path, experience in getting'up new parties and 'iaving, them wiped- out of existencer i),y the :Votes of the people, are making an effort to get up anoth dr.nOw party to enter 'the field' with next•fall. Jto'lliis end the Fremont'fiction is to embrace the Fillmdrel, wing—or .rather ~ tail= o t, the . opliosition, (witick the Republican' last .fall designated'a.rn vetionious serpent) and when nbited they . are 4. abandon the doctrinerbf the power Of. Congress over-the territories, and endeavor to awallOw a corner of the, Cincia 7 nati platform, hoping, _ by. doing to ; seduce a few weak-minded Democrats late the sup port of their mongrel org anization..We supposed that bitter experieneb would have taught our opponents that Nolen Movements could not succeed in l'ennsylvania. But they seen to learn nothing from the history of the past, and go blindly on from one step of folly to hnother,l only to encounter certain defeat. A 'party 't hat is constantly changing can never - comm and the confidence of the people, and in base they for once should blunder into a correct position, they could 'not be safely trusted, and ere time vindicated the justice of their doepineithey would aban don it for some eatch=penny err that gave !noimmediate promise of victory. 'Were' the mutant to take - such a position as they bf 4 ved to be just and proper, and maintain it i prosperity or adversity, the public could ' l rega d them \as being at least honest and eonsteut, - .laid when a now question arose they might / lake sides-upon it, incl . in addi tion to the chances of being right,ihey would have an established character for integrity to sustain them, giving to such arguments as they might be able to advance, the addition al strength, of emanating from a reliable source. But this is too slow a method ,for them to' adopt, ; even if success would fi nally crown the ' e ff orts. Their leaders,- .the men who m anage the' annually clang: lug party, are_ton i eager in their " Wild hunt for.office," to wait even for a season, and they will therefore sacrifice everything for the fu ture; hoping by deception' to / ure a tem porary feast upon! the spoils.../ With the pres ent opposition tO our-put / i t our success is certian. Yet, as 'o have remarked-before, we' say now, that so 7 long 'as our foes resort to a new party" tricks, the Democratic party of the Old Keystone will „remain "invincible from any force our enemies nay bring against , us." 1 / - hotnas H. Benton died at Saturday the 10th inst.. He :tter asking Congress to take eilth. A report that he was filjourumesdon _Friday. but was not actually dead, but I President Buchanan visited the day before his death. VT Hon. TI Washington on had written a lel no notice of his do dead, caused an a it proved that he; unable to•speak. his bedside twice] (Communicated) us Accident. George McNamara, head brakeman on MOrgan Flood's Coal train, rtmnirtgqietween Great Bend and' Owego, while. envaged- in the performance , of his duty in milking up the train-at Grellt Bend station, met with an accident which 'resulted in thei loss of his left leg. Whilejtuning a switch, the engine used for the purPoto - of switching cars came in contact. with his body, severely contusing his hips and adjacent parts, and crushing the bones and lacerating the soft part of the left ancle in such a.tnanner as to require its im mOinto removal M. IL Cash Vail, M. D., of Susquehanna depot was immediately • I brought to his assistance, and proceeded _to amputate the !mingled limb, mid way'between the finale and kriee-joint; which operation he perform with his .usual coolness and superior surgical skill. The:Doctor's assistant; Drs. Griffin, Brooks,, Wilmot, profed themselves to be men worthy of their calling. At last advicess the patient was considered out of danger and rapidly recovering. IVO" We copy from the record the action taken on the ba i l of Mr. Stephens of Wayne county, for aertainchanges in- tbnachopl law of this State. 7ire - gave 'a eynopilie of the bill recently. • HARRIBIII72G, April 7th. The House n4t at 3 o'clock, was called to order by Mr. G.4si. Smith, Speaker pro. tem. SC 11 OOL BILL. This being the afternoon specially set apart foi the consideration of the House bill No. 593, a further sipplement to the act for the regulation and uontinuanco of the system of ; 0 education by c 'mmon schools, approved the Bth day ofllay A... D. 1854, the House re solved itself in a committee of the whole; (Mr. Dohnert in the Chair,) for that purpose. The first section was read. On the quesdon, Will the committee agree to the section t It was determined in the affirmative.' , The second section was read. -- _ On the question, Will the Hodse agree to the section f Mr. NClure c l moved that the committee rise, report in gress, and ask leave to . sit again. • I The committee rose, and the Speaker re sumed the chairl ) ' On the qaest n„ - -Shall the cimmittee have leave to sit againl negative. Thewas determined in the negative. The House dell proceeded to the second reading and coisideration of said bill. - The first section being, under considera tion-, Mr. Owen said if there was one feature of this bill , more commendable than another it is that one whiCh distributes the school fund to (ma count' according to the number of children in each. By this arrangement Phil adelphia would iget $20,000 more of the fund than she now I ets; Pittsburg s7,ooo'more, anal many °the localities in the sumcrpropor tion. There are ther features that he doubted the propriety o uiging now. But the other he thought g Mr. Nill offer the following amendment— strike out all a er the enacting clause and insert the folio fog: That tile office - of State i superintendent and the office - of county su perintendent of ommon_schools be and they are hereby abol shed, and all laws by which said: office wa created;, and further. it is horeby enacted that no money shall, be -ap propriated by e Gommonttealth of Penn sylvania to: . thi common schools , of ..said State ;.- kid. - it - s further enacted that' every city, borough and township in tho State shall raise; 4 lint' on; - a - itim7auffiCient . to - stip 156rt and Maintain its schools fox:at least six months in the year and as the Stale appro priates no money...for schoolpurposc a -tbe State tax on real and personal property, of all kinds is hereby reduced to•tan mills on Lb dollar. • - Mr. Nill said his amendment was substan tially. a now bill. He thought--a radical change might do good. Sorap - _distriets,paid too nrneV now and others not enough: His district could get along wittout any money from thaState. _-He,did_not.iiiink.the bill of the gentleman from Wayne, (Mr. -Stephens,) was very easy to understand. Hiewris clear. No tenon could -misapprehend it. He hoped the gentleman from Wayne weuld accept it. Mr. M'Clnro moved to amend the amend-, meat, by striking therefrom the Words - the State superintendent---whic4 was not agreed to. The question recurring, Will the House agree to the amendment offered by Mr. Nill! It as determiied in the negative. On the question, Will the house 'agree tothe first section? Mr. Abrams moved, to stoke therefrom the words ," not one cent," and insert in lieu thereof the words "nary a red ;" which was not agreed to. Mr., Rose moved toarnecd, so as to make it read "not one red cent;" which was not agreed to. The question recurring, • Will. the House agree to the first section ! The yeas and nays_ wars required - by Mr. Turner and Mr. Imbrie, and were as follows, viz , • YEAS—lfeeareArtlinr,Askin,Bierer,Bower, Brand; Murk DcinnelVarries, Donovan, Dunlap, Ent, Evans, Gilliland, Glatz, Hayes, Hillegas i Hodgson, Jackman„ienkins, Kirk patrick, Lauman, M'Clain, lii' Donald, Molloy; Miller, Nicholas, Nunemachor, Owen, Rupp, Shield% Smith, (Berks,) Smith, (Cambria,) Spyker, Stephens, Turner, Weiler, Wells, Westbrook,Wharmu, Will, Witmer and Wolf N4vs—'Messrs. Babcock, Benson, Bruce, CHASE, Christy, Crawford, Ebur,•Foiter, Gar rett George, Goepp, ilimrod, llipplo,lmbrie, Irwin, Lawrence, M'Clure, Ni!!, Powell, Pow nal, Price, Ramsdell, Ramsey,'Reatk, Roland, Rose, Scott, Sharp, Shaw,.Smith, (Wyoming,) Struthers, Stuart, Voegtly, Warden, Warner, Weaver, Winston and Yeatslcy-38. So the question was determined in the of fimative. • The second section being under considers tion. Mr. M'Clure moved that the rarthei con sideration of the bill be postponed for the present. Mr. ltnbrie moved to amend the same, by striking out the words " for • present," _ and inserting " indefinitely." On the question, - - • Will the louse agree to the motion? Thdyeas and nays, were required by Mr Lawrence and Mr. Gilliland, and were as fel OWS, VIZ YEAS—Messrs. Babcock, Benson, Bierer, Bower, Bruce, Calhoun, Cu ASH, Christy,Craw ford, Dodds, Dunlap, Ebur, Evans, Foster, Garrett, George, Gilliland, Goepp, Nimrod, Ripple, Houtz, Imbrie, Irwin, Kirkpatrick, Lawrence,M'Clure, WDonald 6 Miller, Nichols, INioce, Ramsdell, Ram s 4, Roatb, Roland, Rose, Scott, Sharp, Shaw, Shields, Spiker, Struthers; - Stuart Voegtly, Warner, Weaver and Williston—dB. NAYS—Messrs. Abrams, Arthur, 'Brandt, Costner, Dohnert, Donnelly J. H., Vonnelly James, Donovan, Ent, Glatz, Hamel, Hay, Hayes, Hillegrts,"Jackman, Jenkins, Latium, M'Clain„!Melloy, Nunemacher, Owen, Rupp, Smith, (Berks,) Smith, (Cambria) Smith, (wp.mact.k,) stcphon N 7Ttim6r, - Warden, Weiler,: Wells, Westbrook," Wharton, Will, Witmer, Wolf and-Yearsley= r -36., . So the question was determined in the af- Emotive. Mr. Nichols and Christy moved that the vote by which the Mifflin County Bank bill was defeated, be ro-considered. On the question, Will the House agree to the Motion I Mr. Nicholson moved that the question be postponed for the present; which was agreed, to. 6, The hour of adjournment having arrived, The Speaker adjourned the House until to at 9i o'clock. [When Mr. Abrams offered his amendment to the. first section of the House 598, which was•to strike out "mot one cent" and insert "nary red," khe Speaker ruled it out of order. Messrs. Lawrence andimbrieappealed from this decision. The Speaker said that the appeal was sub milted informally and could not - be entertain ed:' Mr. Lawrence again appftaled from the de cision, observing that there was no particuliir form for submitting appeals. The Speaker decided that therwwas, viz: That all appeals are to be written with the right hand; and as the appeal submitted by the gentleman from Dauphin (Mr. Lawrence, bad been written with the left hand, it was therefore clearly informal.].' JATTELL'S Livtao AGE.—rThe first number of a new series of this old:and familiar peri oclidal appeared last Saturday. Heretofore each weekly number consisted of sixty-four pages, but it will henceforth contain eighty.. Great improvement has also been made in -its appearance, by the use ON paper of a finer quality, and new types of a handsome pat tern. The Age has always been a favorite with all renders of correct taste, and will be doubly welcome to them now, in its enlarged arid beautiful' form. It a complete reper tory of all that.is really good`and wortb.pre serving in the whole range of Foreign Peri -odical Literature, which is carefully searched. and drawn from with discriminating judg ment to furnish matter for its pages. .A sub scriber to this - Magazine:will obtain, every year, three volumes of the choicest miscella neous writings of the living authors of Eu rope, and gradually become the possesior of a library of - permanent interest and value.— The Living Age is now tpublished, id con junction with Messrs. 'Audi, Son Co., of Boston, by the ,well-known-house of Stanford (k. Delisser, No:. 637 Broad way, New. York, to either of Whom orders for the work may be addressed.' Terms as heretofore, $6 a year, for which the numbers will be punctually forwarded by mail free of postage. A Neon° CONSTITUTION FOR KANSAS I-ST. LOUIS, April B.—The Leavenworth correspon dene of the Republioan states that the Kansas Constitutional COnvention adjourned on the night of the third inst. - Negroes will be al lowed to vete on the Constitution, and on the first geheral election . thereafter, a 'vote will be had on the - question of universal suf. rage.. Foreigners _having' declared their in _tentiuns will also be allowed to vote. • The question allegro suffmgCcaused a great deal of excitement in the Convention, and angry disens:sions were partiolpited in.' Several counties signed the Constitutien {raided un der pr?tigtt. ' , , • AstraNta..—This most diELLettrtening eoni 7 plaint has" been euref'iti, Many 101m:ices . by the, use of Wistar'a Balsam of Qberry t SurelY anything that - orilt afford ielief front this painful 'diaease as, a teal blessing. None genuine unless signed I. Butts. Letter to , Judge .WIlmof; • _TowANDA, Mauch 4 ; 1858. lloN, D. WILMOT,: Sir :—I redeived, late last - evening, ,ft printed communication from yeti asking for 'infer motion, in writing, of tho se specific matters or things of which I complain in your official conduct.",'- - - Under 'or(liniry circumstances I should consider my - self justifiable in not replying, for although your request is now couched in courteous latguage, yet heretofore you have been pleased to use the 'hardest epithets and most uncalled for expressions in regard" to me, whenever my name happened to be the subject of small. , I have been informed, since my return from -Harrisburg, that while absent you did not hesitate to denounce me in the most vio lent terms. TO use your own language, you declared I was a "d--41-.. villain." Certainly such expressions are not calculated to im press the public mind that the interests of suitors are safe .in your Court, if by chance they' should be confided to my management. I shall not now be led into any controversy as to "any particular decision, •order' or do cree, when you were guilty of partiality or political bias." Such specifications as might perhaps be necessary, in order to remove you by add ress l are.not called for by the committee of the Legislature, and the issue you have 881111 fit to make it one, I, for my part, do net sae fit to join in; as it is manifest your pur pose would bo accomplished, if, -by these means,, you could fritter away the whole session of the Legislature. ft is sufficient for:the present purpose - to say, your conduct generally, while on the Bench, and off from it, has been such as to create the impression among suitors, that their causes were not safe if intrusted to those who opposed your political views. It is idle to say this impress. sion .was created by those of us who differed with you in political opinion; (by suggestions to that effect to our clients) for although it has been the theme of conversation among us who were affected by it, yet we were cer tainly possessed of sufficient sagacity to know what the consequences of such impreidions among suitors would be, •so far as our pro fessional business was concerned. Until a few months past, it is notorious that the first Monday evening of Couit has generally been set apart by you for the pur pose of harangetig those who were preset at Court, on the political subjects of the country, when those of the Bar, who were active in politics, and who were unfortunate enough to differ with you, were denounced as guilty of falsehood and unworthy of confidence—not personally, itis true, by-naming them, but by repeating 'the substance of their remarks and then stiarnatizing them as those who, at_ the _behest of the party, would falsify any fact; and, in short, do. any act unbecoming men of honor and integrity. 'Why, Sir, what is the legitimate effect of such a course upon our cause:. when they come up for trial before a Jury who has 'heard such denunciation I Are Jurymen inclined to listen to or heed the arguments of Men Who are held in such esti mation by the Court I Are suitors accustoms ed to employ men of whom the Court have so bad an opinion) I will instance some facts in relation thereto. •It hiss been, Tor some time past; • quite common for clients, after employing us in cases to be tried, either to say to'us they regretted they were unable to procure the services of members cf the Bar who agreed in political opinion with the Judge, or inquire of us if it would not be better to employ some of your particular friends, in connection with us, where it could be done. They mention - 1 the fact of your generalbearing and demeanor toward us, while-on the Benob, being differ ent from what you are accustomed to mani fest towards your political friends—that you ' listen patiently to their 'suggestions, are com plimentary in your decisions when they argue questions before you, while you treat in a sneering and impatient manner whatever may fall from one of us. Nor are the members of-the Bar of Bradford county alone affected by these things. i- For some time past your conduct as 'a Judge' has been the subject of a correspondence between us and some, at least, of the members of the Bar of Susquehanna county, they being the first (as between us) to call our attention to it. • . When the case of Newton (who was stricken from the rolls of the Court without the opportunity of being heard by himself or counsel, 'and thus deprived of hirpractice for nearly a year) was first made known to us here, together with the remarks made by you in regard to it, at a public dinner table in Montrose, it - filled all of us with apprehension and alarm. I, for one, am free_ to say, that since that time I have not tried a enure with out being apprehensive that, in the excitement of so doing, something tnight fall from my lips which might be 'construed into a con tempt of Court, and, in consequence, my name might also been stricken frOm the rolls. Nor was I alone in my fears—for nearly every other member of the Bar who differed with you politically, has expressed the same opinion. _ And further,l hold that the Judge who so far forgets the proprieties of the Bench as . to to indulge in whoissle denunciation of the decisions of the Supreme Court of the Com monwealth, from the same place where he is accustomed to charge J,uries, is.not well oaf (culited to impress upon the community the necessity of obedience to the laws and respect for-the Judiciary. This you certainly will not. deny to have done on several occasions. You yourself confessed to the impropriety. of a Judge becoming a political 'stump speaker, when you resigned your commission, in order to "stump" the St;ite outside of your own District; and the voluntary pledge made by you in Harrisburg and elsewhere, when this District was formed, proves conclusively that you understood the impropriety of such con. duct. I may perhapi by allowed toll:tendon in connection with this, that)onr present de sire that the people of this county should have the priviliie of participating in the election of a Judge to preside over their Courts, should have prompted your resignation early enough last fall fo permit them to do so, and that it comes with ill grace from your, through your political organs, to complain on that score. - One other fact occures to me, in: relation to which there can be no issue of veracity between us, of which I beg; to remain you. It has been the custom, for a4ong time, for the Democratic party f our county to hold a county convention on Tuesday of the first week of February Court, In pnrsuance of that custom delegates , were elected to a lietnocratic. Convention, froM the several townships, and were in attendance. Although the fact, at that time, was universally guctum. in, the County, (especially to politicians) yet in this instanoe, if I mistake not, your atten den was partieulirly called 'to 'it by one of your associates, judge Ballard., You, 'Mr-. ever„virtually.reluied to rts 'the Custepiary use of Court tooth, by holding Court on. that'evening, and yet on the . next one -ad. Punted Court; in order- to aceonoodatetpour political-friends, for' the seine purpose. _Every 31eitrocraCcqrt4inty in.' the county_tooked up-f on this.entas ,ungeneroue, and tmbecoming one' holdingitiopasikit:otPiiiiqdint'..fudge: But enough - afthi4,4oe ettificjent fot me to ny, in,the'. language _or One Of the Pathan of the Repillici, "that the iludielal histerY of 1 oltreountry teaches thie groat lesson : 'lt Las, taught , us that to the. Judiciary, as to tha' churib; political_ consequence is moral peril; And 'that though while occupying its *vim territory its authority is sovereign and its eaiet . 'snpreine, the moment it oversteps -boundaries by which, that territory confined—the itoment it canvasses for popu lar honor of Executive favors—that moment the magic Of its rower is gone, and it loses for itself those princely attributes with which by the. Co nstitution it is invested, and for the com %unity those high conservative sanctions by which that Constitution to be preserved. Yours, &c., D'A. Letter to Judge Wilmot. TROY, March 6th, 1858. Eros. D. WILMOT : Sir :—A printed circular signed by you, and addressed 'to myself, was received ~.by yesterday's mail; In it you ask me to "give you information in writing of thoss Specific matters and things of which .1 complain id year official conduct" Doubtless l'am in debted for this circular to the fact, that I in common with other members of the Bar, have, in pursuance of -- an undoubted right, petitioned our State Legislature for the an nexation of this county to the 26th Judicial District. In the petition referred to, it is "assigned-as a reason" why the prayer of the petititioner should be granted, that „"in our opinion the 'due administration of justice demands the passage' of such a law," such, surely is my opinion, and to it- I am forced by the notouous fact, that our President Judge, contrary to all late presidents "has . desecrated" , (I use yOur own emphatic lan gate) the judicial ermine, by descending from the bench to the stump, and dabbling is the muddy pool .of politics? ,Such conduct on the part of our law judges has been con demned by men eminent for their forsight and _patriotism. Upon this' subject I re spectfully refer you to Wharton's State Trials, preliminary notes 46-48. You will there see the conduct of our President Judge more pointely condemned than it can possible be by any words of mine—dropping the medium of the third person and addressing you per sonally. I ban sincerly say, occupying - the position Ton do, it_ is you/ duty by precept and example, to soothe and alley the violent animosities engendered by partizan strife. This you have-not done, but on the contrary, in open violation as I believe of your solemn pledges, you have exerted your influence and abilities, to increase those animosities.._ You have on repeated occasions, and particularly at the September term of your Court in 1855, in the presence of Jurymen, Suitors and Wit nesses, attending before yob as a Judge, de nounced in bitter language our own Supreme Court, accusing it of oppromion and of base subserviency to the Slave pOwer: I allude to your speech on the Passmore Williamson • ease, in which you read as law to your confid ing auditors, extracts from a speech of Dewit ' Clinton, delivered before the Court of Errors, of the State of New York, in si ci.se Where ' that same speech was overruled by the nourt before which it was delivered. In your en that same occasion you'enade a violent assault upon a private , citizen of your own borough, an alt so hitter and yet FO false, that,rnany even of your owu friends hung their heads in shame. Here I might close, for certainly "the due administration of Justice demands" - -tliat we be freed - from the sway of such a Judge. Such was the principle reason which prompted me to sign the petition referred to, and I am at a lass to conceive by what right you ask me to go beyond the petition to whi - elt I af fixed my name. In that petition there are no charges against yrzur "official conduct," none that in "any decision, decree, order or t uling ; You were guilty of partiality or poli tical bias" none of "discourtesy on your part towards myself,' none of acts of tyranny eiAer 'upon Suitors or Counsels, and none that "you have ever exhibited an overbearing manner towards myself." Tire was no such charges made. But I would not have You in& - r that none such can be made; and inasmuch as pa ask me to specify matters of thing of which I complain, Lwill give you at least one in• stance, when in my opinion you were guilty of partiality , and political bias. - In the trial of an indictment against Wal lia Bull, for an assault and battoy committed upon an Irishman, on`the evening of the Bu chanan meeting at Towanda, which trial was, I think, at December Term, 1856, yotr per mitted a, witness, after having voluntarily testi6ed:in chief in fever of the defendant, to escape a cross-examination by throwing him- Jolt behidd the privilege which .protects a witness from criminating himself. The wit• nese, a cousin of . the defendant, bad sworn ,that he knew the man who had assaulted and knocked down the Irishman, and that the defendant was not the man—the examination in chief of that , witnees was closed. He was then asked on the crosaexamination to give the name of the person who. committed the assault and - battery—he was told, I think by yourself, that he need not answer, if by so doing he would criminate himself—in vain was it urged in the language of the books, that the witness could not claim the benefit of the privilege after having voluntarily tes tified ,in chief, and that when a " witness discloses-part or a transaction in which he was criminally concerned without claiming his privilege in time, he is then bound to go forward and state the whole." Yon ruled in favor of the witness, his evidence indueed a willing jury to acquit his cousin and your friend. You did not as did Lord Tendon be fore you, order his whole testimony to be stricken out. No, yOu permitted his testimo ny for .the defendant to stand. Your ruling in this case was contrary to law (4 n.ll. R. 562=3-4 1 Cun and Payne, 2'tB, 2 Cun and Payne, 570. 1 Starkie, 172. _ The authorities referred to show your ful ing contrary to law; the error was in favor of a violent political adherent, and that too upon a question involving a crime committed upon the person or a Democratic Irishman (you a Know Nothing). Were - you ignorant of the law I or was yon influenced: by "po litical bias!" You may be conscious of the .rectitude of your own intentions ; but there are many who think your desire to-,shield a bully of your own party bore down your love of justice. . . In, the same case, when one of the. counsel for the prosecution arose to state the law as be understood it, you said - .in a severe and commanding tone—" Mr. &nith .1, have:de cided the question." Of course tlielscouusel yielded to: your implicit command, though fully aware that your " ruling" was against reason and,right ; the prosecution was- com pelled .to submit, and , a Republican. rowdy escaped. unWhi of justice. But I will .of ..tain you by further com ments of mine, ethers of :greater greater practice will doubtless go more into detail.,- I ant content so far :as I • rim coneerted tolet the matter. rest: with. the -Legislature,-to which we' have 'appealed.; - • Yours. . 4FRANOIS SMITH.' • CA k ettra."l7nalnosztri , AsoTroah- r , tegiilattira Leuisities - hits weised a law at oUniting capital ptioisherentotod-the sob-, siltation or hare labor 'for" life in the place thereof." The above is (plug Ovate, and incorrect. A bill to ,'that etreck as intro duced but not passed, The "Press" and 'the P We 1164 no desire to - Interfere wi t the Press and the' Union,' : : but there "ar some points in the recent article in' Abe !former _ journal, headed "The New Party and ills New Partaers," which are of atifficient importance to warrant.us - in •early at,ention Of the party to that:hi:in Order that 'forewarn ed- they may be forearmed. The Press .. . "Circumstances may bave °enured ~ r , may occur, which cannot be controlled nnt 1 they shall have worked out their destined end. Suppose all those who Wive heretofore-belong ed to the Democratic party, and, aro yet good Democrats, but are opposed to the admission of Kansas under the Lecompton Constitution, without its approval by' e people of r icansas, shall be proscribed by aiNational De ocratie Administration, and be forced out of he De- , e l , mastic organization in some Stat as is attempted, and thereby , , iii self efenee; obliged to organize. -themselves - into itnother Democratic party, or, what- is the:same, to .. form a National Democratic , party df those who believe with them on this que4tion,of - popular sovereignty. : Then suppose ,khe Re publican party should approve the, setion:of their Representatives in Congress C r on this question, in uniting - with the' anti- niron Democrats in their determination carry out the compromises , of 1850 honss ly , alnl carry out and should thus withdraw tho whole question of eJavory from any Ifurtber action of the General Governmenc - what re mains to hinder them from joining the anti, Lecompton wing.of the ' Democratic party. Why might this not be done I , and why should it, not be' done! If the ReOblican party `is willing to give up or lay aside its- - opposition to the principles of the &breaks act, fairly _carried out, and thus end- the whole controversy .in regard to the slavery question, vihist reasons is there why 'the Re. publicans, everywhere spread over the whole ,Northern States, who.were once in gotxl faith and' standing in the 'Democratic party, and who only left on this slavery question, might:. not return to their first love, and act ith the Democratic party again? _ , , - \ Suppose, too, that the of th 'Artier- ic'an party, who once belonged to th Demo- - cratie party, and yet remain in'oppos ition to it, should yield theii ono idea—whihh may now be said to be an "obsolete 'idean—and join their old friends again, as moat of that organization has done. Who caw object to it !" , . - i It will - bo seen that the above is it: open and direct bid for an amalgamation tween the Black Republican, Know-NOthilig and Anti-Lecoroptod parties, on the samkbasis as that which now exists in the Senate and House -of Representatives. - The Black Re-- publicans are to give up their hostility to the Kansas-Nebraska Act; the Ktrow-Nothings to abandon their own idea, and both factions to unite with the Anti-Lecompton' Democrats, in opposition • to the National Democratic or ganization, and the Administration which represents its before the .Nation. But if the effect of. such a Union is to be the with drawal of "the whole question of slavery from any further action of the General Govern ment," upon what common platform min the coalition forces meet for further action? Will Mr. Giddings, and his wing of the Abolition party, agree to caw out honestly and faith fully, the Fugitive Slave act ! That was one cf the compromises of 1850, and • according to the terms of the proposed partner -ship, all - the contracting parties are bound to see that . Act faithfully and honestly . executeJ. And then, too, how can the bitter: and fierde-eyed Know-Nothing rush into — the embiace of a party, which recognizes, the, equality of all mon under the Constitutionmo matter whether German, Irish, French, or Russian ! And yet, this they must do, or they cannot be full partners in the sectional fusion about being established by the Anti-Lecompton leaders. It is now , apparent that the partial succeus of the Coalition which has disgraced the National Mouse of Ripresentatives, has emboldened the eoncocters of that scheme to try it in a popular sense before the people of the Northern States, and that the article in the Press is a feeler, to ascertain bow to mention such a project will be received by the masses, especially with that portion of the Democratic party who are opposed to the admission of Kansas under the Lecompton Constitution. The idea that the ninety Black Republican members of the . House of Wpm. Ben tatives will agree ; to yield -up to and-wear the harness of the small band of Anti-Le compton Democrats is farcical. And so is the supposition that the Black Republican party in all the Northern States will agree to disband, give up its separate organization, -and follow the lead of a _few disappointed, characterless inti-Lecompton Democrats. The true meaning of this proposition is to gull the A nti-Lecompton Democrats with the .hope of Brack Republican support and . affiliation until the former are' fairly within the camp of the enemy, then close the ranks upon them and keep the prisoners, safe for future use. This is the intent of sunh a preposition as that submitted in the Press, and we ask Democrats if they are ready for such an act of party infidelity and treachery I If not, let them repudiate all such attempts to bargain with the enemy as , that proposed by the Press.—Pennsylvaniern: Kansas Constitutional Convention —Negro - Equality. The Kansas . Ledger, Free, State, is -down on the negro equality clause of the schedule of the Constitutional laborers assembled in Leavenworth. It says: It will be very consoling to all the old maids and chambermaids in and about Law , . rence,and Topeka, to learn that the-big buck niggers, robust nigger wenches and dirty nigger - babies who are at presentin Kansas, and those who may emigrate here,are on "an exact equality with them. 'Bow those an cient and honorable ladies" will feel in Jux taposition with the_niggers in church, at ta ble, or at school, is not to be questioned:— Every sensible man knows that they will ex claim : "Come to my arms you darling' niggers." . The members of the. Convention from the vicinities named, have obeyed their instruc tions, and a vote of thanks should be given thew on their return home, and to` make the compliment thorough, they, should leachione of them) receive a nigger bahy. Seriously, the 'Convention have: given the right of suffrage (for three :years at teast,) to all the niggers in ..gansas, hereby placing them, an• an equality with he white mart.— Furthermore, they hav °Tided,- that black and. white children shall be educated in the same schools. We sehreitle the [motile of s linnsas' if these enactments are not a disgrace to is. We gall upia the_honeat fanner,.the thrifty me- olianic, the • merchatit,, the, professional , man and . the hard ,fisted ••• Taborer to ponder well these enactidents of the'iriggar lovers, And •in - order , that; these nigger rovers may; be _kw** thronglt ilsslength'ind breadth of our Territory, We call:upon our Peeple to scam- t ine - the' idErtnative, vote_ as set, forth; in the re4Oinge of, *the Coniention in :another votes' `there recorded are the test votes, and t,hesie voting in the affirmative( : are the nigger, tovers, , _ When Phis this: Convention adjourns, these nig ger lovers will be politically dead, and- we pray God they may never be resurroted.
Significant historical Pennsylvania newspapers