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
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Great improvement has also been made in -its
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doubly welcome to them now, in its enlarged
arid beautiful' form. It a complete reper
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serving in the whole range of Foreign Peri
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and drawn from with discriminating judg
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year, three volumes of the choicest miscella
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rope, and gradually become the possesior of
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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.