CI ' •'• • • 14, 4 .•, - . K H - . • z At, L. HARPER, EDITOR , AND PROPRIETOR PITTSBVIIGH, TUESDAY MORNING; OCTOBER 1.8, 1847 Z.. E. W. CAR; United States Newspaper Agency, Sun Buildings. N. E. corner of Third and Dock, and 44U N. Fourth street—is our only au thoristd agent, in Philadelphia. SHI7N IC herrn Allegheny, , 4423 5763 Beaver, 1903 2008 Butler, 1931 1859 Crayrfori, . 2264 1686 'Westmoreland, 4525 2337 Phila4Flphia City and Co., maj. 16,510 14,117 Montgomery, 2,200 Schuylkill, 700 Berke, 8,088 3,357 Cheater. ~ 400 ' Lancaster, 4,000 Delaware, ' 250 Dauphin, 1, 872 2,790 Franklin, soo Lebanon, 600 Bedford, 2,458 2,205 .... ' Fayette, 800 Mercer, 25 Washington, 250 Armstrong, 609 Indiana, Greene, Venengo, Perry, - Cumberland, York Centre, Northumberland, Lyeorning, Sullivan, Union, . Lehigh, Columbia, Carbon, - Juniatta, 4nffifn, Lycoming, Luzerne, Somme% Clarion, Clinton, Erie, Bucks, Northampton, Adams, Correspondence of the Morning Post. VENANGO COUNTY OFFICIAL RETIIIIN3. Shunk, Irvin, For Canal Commit:inner • Longatreth, Patton, Senate. Brewley, (reg. Dem.) . 3269 Shalluck, (vol. do.) 332 Kennedy, (Whig.) 746 9stembly. PenY , (Dein.) Keatley ~ 1241 1241 No opposition but J. Williams, (Abo.) 81 Sbuntes maj. in '44, 357 Oct. 15, 1817. Yours, truly, IV J SIIPRVIE COLTIIT DICISMITIL—We publish this morning another lot of decisions in the Supreme Court. The gentleman who furnishes these decis ions for the Post is one of our most distinguished ettorneys; and his labors in preparing them have been repeatedly complimented, not only by the members of the bar, but by the learned jndges who occupy the woolsack. We observe that a number orour most respectable exchange papers have transferred these-reports to their columns. MrrAnroarrtosis.—Longfellowss beautiful phrase, t. Suffer and be strong," is now familiarly rendered, 6 Grin a v d bear it." We calculate that Longfellow merely put a new dress upon the old and rough, though comforting injunction of "Grin and bear it." (rj. Never chase a lie. Let it alone and it will run itself to death.• 1 can work out a good charac ter, much faster than any one can lie me out of it. —Dr. Beecher. This is most religiously true; and yet how few - there are who seem to acknowledge its truth. The experience of every truly brave man, however proves it The local editor of the Cincinnati Signal referring to the Sable Harmonies engaged by AN narws, This accomplished band of min strele, recently re-organised under the Agency o Fred Hunt, took their departure yesterday morn ing for Pittsburgh, on the Monongahela." If the local should ever visit Pittsburgh, he will find it difficult to fix its location on any particular 13153 Crtlll3o9 MARRIAGE CONTIIACT.-411 the Royal Library of Paris is a written contract, drawn up in 1297, between two persons of noble birth in Armignac. The document bound the husband and wife to faithful wedlock for seven years. It stipulated that the parties should have the right to renew the tie at the end of that time if they mu. tually agreed ; but if not, the children were to be equally divided, and if the number should chance not to be even, they were to draw lots for the odd one. It would have been much better for sonic folks we know of, if a similar contract could have been legally made by them. Washington an adrptcd Irishman.—Du ring the Revolutionary war. a society called the Friendly Sons of St. Patrick rendered eminent services by furnishing large sums of money, and fighting the enemy. Gen. Washington, January 23, 1777, in discharging from duty, "return s them his sincere thanks for the many essential services which they have rendered to their country and to himself, per sonajly, during the course of that severe campaign." " Though composed."says be, "'of gentlemen of fortune, they have shown a noble example of disci pline and subordination, and in several actions have shown a spirit and bravery which will ever do bon " to them, and will ever be gratefully remember. ed by me." After quoting these extracts, we need not remark that the Sons of St. Patrick were enthusiastically attached to thq,Cornmanddrin-Chief, and desired, of all things, tb connect him by the closest possi. ble ties to the society. , No man could be a mem ber unless he was an Irishinan, or his parents, at least one of them, had been'born in , t the sweetest Isle of the Ocean!" Their= bye-laws allowed of a limited number of honorary members, but that num der was full. Accordingly, on the 18th of Decem ber, 1781, his Excellency, Gen. Washington, was unanimously acloptcd, not elected, a member of the society, and he acceded to the wishes of the society, met them, wore their medal 'and dined with them on several occasions —Boston Pilot. Successful Voyage.—The ship M'Lellan, Capt. Perkins, says the New Bedford Mercury, which sailed from New London on the sth of , March last, for Davis Straits, on a whaling voyage; re tUrned on the / sth inst., with eleven hundred bar rels oil, and eight hundred and forty-five seal skins. , The fishing ground visited by the is that usually frequented by the English whalemen. It is seldom that a vessel is fitted out in thiscountry for the North Atlantic Ocean. .17aingitu,sNurfouncliand.—Newfoundland papers to the 23th September have come to hand. The peOple in some parts of the island are suffering " severely for want of the necessaries of life. A letter in the St. John Times gives a deplorable ao• count of the fishermen as Merasheen, whose only resource is the fishery, and Ili:at - having failed, they are a"most destfiutn cocidition— The potato _blight has commenced- its destructive effects in various parts of the" istand,—,Frierotk Sun, M " BEM BE ME MI ~ z...a»', .sue:..: a:, Vole for Governor. 1,328 802 1,100 300 620 623 800 300 260 015 385 307 00 450 160 1200 1000 350 526 For Corernor 1326 602 3259 766 Mattock Bemus vs, Cullen.—Jouse Roo xns—Covenant by Lessee to put the demised premises (which were Mills) in complete repair. Lessee to have the work done and to advance the funds required, and to keep a correct account of the rame—to be applied towards paying the rent on the 2d year of the lease, and all after repairs at the expense of the lessee. The cost of the repairs more than the second year's rent, are to be borne by the Lessor—owner of the fee. All after re pairs construed to mean, all after the mills were put in complete repair. Tibbeis Clark vs Watts.--JUDGIS BURNS DE. Stone quarried by Canal Contractors, who had bought the privilege to dig, raise and remove them, and who were to pay the owner of them when : 1 LOCAL NATTERS. Decisions of the Sitpreme Court MGM's Estate.—Chief .Justice Gio SON. One who has paid the amount of a judgment, on land purchased.by him, to save it from execu• tion, is entitled to be subrogated in the place of the judgment creditor, on a subsequent sale by the Sheriff of other !arida. &cus, if such purchaser has in his hands a balance of purchase money due to defendant, or the bonds for the same have been assigned to any third party, who will take them subject to all equitable defalcation. Crail vs. Cruil.—Judge Buuasins —Clear and satisfactory evidence is requisite to affect a legal title under the Commonwealth, accompanied by thirty years possession. Where there is no written lease, evidence of cir cumstances said to constitute a tenancy, properly left to the Jury to deride. Hollister vs. Rollister.—Judge COIILTIEL—The presence of the attorney or agent of the party, al. though not interfering, at the taking of testimony cant of the State, by commission, under interroga tories filed, is a sufficient objection to the admis sion of the evidence. The Common Pleas has jurisdiction of a Di vorce case, although the husband be a resident of another State, if, under the I I th section of the act of 1815, the wife (the libellant,) shall have a bona fide residence of:one year in this state, pre vious to filing her petiton. A reconciliation, and subsequent cohabitation, of married persons, after ~ abuse and ill.treatenent," is not a remission of the offence, or a bar toe di. vorce for such causes; although, by our statute, snbsequent cohabitation, with knowledge of adul tery, is a continuation of the last offence. Purdy, Power 4. Larixk.—Contrary to the Eng lish practice, which requires a resort to Chancery, the Courts of law in Pennsylvania, will entertain an action against the debtor of a firm, to compel the restoration of funds or credits to the firm, after they have been applied by one partner, without the ( consent of the firm, to such partners individual credit with such partnership debtor. Evidence that the debtor of a firm. did not know of its existence, when be contracted the debt, may be - rebutted, by evidence that others of the vicin age did know of it; especially as such knowledge is not material in throwing on the debtor an obli lotion to the firm, although he only knew the act. ing partner, when making the contract. Purdy vs. Ex . rs. Stewart.—Judge Roo sit s.— Tne liability of the parties to a promissory note, 1 depends on their order consecutively, beginning with the drawer. But where on renewal of a note, the names of the endorsers !I've been trans-1 posed without their knowledge, by the agency of the drawer, who took them in blank, it should be left to the jury, in a contest between the endorsers, to decide whether such transposition was acciden• tal or intenti.inal, The original liability of the parties to each other, will not be relatively changed by such renewals, unless they were so intended. Wallace vs. Cotton. (Title to Braddock's fields.) By Judge Roosas. Devise. ‘, Of all the residue of my real and personal estate to be equally divi-1 dad, [except such parts as hereafter excepted,] be tween my wife Jane, and my children, George, Thomas, Br., and my daughters, Arabella and Eliza, shale and share alike; and the profits of said real and personal estate shall be for the use and support of the before mentioned, legatees, until each shall arrive at the age of2l years, when they shall receive their part; and in case any of my children before mentioned shall die without lawful issue, or before they arrive at the age of 21 years, in that case their part or shares if it be boys, shall be equally divided between my two daughters, and in case it be a daughter, equally among the aurvi. wing children or their heirs. "That my wife remain in possession of " Brad dock's fields," and the stinck thereon, during her life, in cane she never marries; then IT to be equally divided between my surviving children and their lawful issue, after the death or marriage of my wife. "The lot I purchased in George's name, above Piftsbmgh, to be valued, and if taken by him, to be charged him as so much of his share, and if more, surplus to be paid by him. "The lots on the Allegheny, if taken by my son Thomas, to be veined, &c., and charged him as so much of his share, and it more, then surplus to be paid for by him. HELD : That " Braddock's fields" falls under the first elapse, it being the testator's family residence, and most valuable item of property. To construe it the word 4 , aforesaid" added, after "children or their EIS That the word " IT" in the second clause, does not refer to that estate, but the possession of it merely, and of the stock, &c An estate for life, or during widowhood, was vested in the widow in Braddock's fields, and on her death or marriage, it seems it was then to go over in the manner directed ; and this construe. Lion, adopted with hesitation, is influenced by the property being regarded by all the heirs as a fee simple in Ge - orgs ; in a general partition air.ong the heirs, and that a large owelty was paid by him, with long possession and improvements, after the partition. It would appear, that the intention of the testa tor was, to give defeasible fees to all the children, except George and Thizmas, who being of full age at the making of the will, held indefeasibly. The estate of the rest of the children became absolute, upon their arrival at full age, or having children., MeKet and wife vs. Jones. Same ejectment as 3d Barr, 4g7. The principles of that case "re• viewed and sustained; Evidence of absence and misfortune may be ad duced, to account fordelay in bringing an equita ble action of ejectment. Where a witness denied by a second deprisition, what he swore to in a first, declarations of the wit. ness made prior to taking either deposition, may be offered to sustain the first. Marriage will not entitle a husband to tenancy, by the curtesy of a trust estate held by the wife 'as against the cestui qui trust. Smith vs. Money. Judge ROGERS: The sum re- covered inCourtXwhere no affidavitcd $lOO claim is filed )'will carry costs if reduced by counter claim —but if by payment will not. Here the plea and evidence were of payment, and judgment was en tared without costs. the quantity should be ascertained by measure• ment in the Locks, may be levied on when remov ed, and may be. sold as the property of the con tractor, before tiey were paid for or built up. Derrick 4- Son %;s Cady —Jtroo E Bvaxar ns.—The Letters of a judgment creditor to his debtor [the defendant] giving him time and agreeing to re ceive from him partial payments, are evidence in behalf of his counsel, charged with remissness in collecting the debt. The statute of limitations begins to run in favor •of an attorney. from the time the client had notice of his receipt of the money, and where damages were claimed frcfm the consequences of releasing a Lien, from they time the client knew of the re• lease. Rowlandvs Evtins—foooe &Lt.—The sentence of a Register of Wills admitting a testamentary paper to probate--the decree of a Register's Court, and even the verdict of a Jury on an issue of devi savit vel non, thOugh decisive of the disposition of the personal estate of a decedent, will not be conclusive of the Title to Real Estate in an action of ejectment, notwithstanding the act of 15th March, 1E32. LAWS FOR ens COLLECTION OF DEEITS.--We understand that a;petition will be started for signa tures shortly, praying the Legislative to repeal all, laws for the collection of debts in this State. And we are further told, that one of the members sent from this county has given a promise to advocate' the measure. HoW this may be, we can not say for certain. We rejoice at the movement referred tod We are anxious to see the pecuniary affairs of men, placed upon a basis of honor. Make all debts' "debts of honor" and we predict, without fear, that people will find they can live, do business, and trust each other, Without Legislative interference. We should like t& see the principle tested. The inhabitants of Berne were not convinced that they could flourish and enjoy good health, without the town bear, until bruin one day diet, and a :sub. could not be obtaihed. So it may be in the pre sent matter. Business men think there is no get ting along, if they donot treat every man as a thief, and depend upon the laws to protect them. It is too l- true, that people will not be honest, unless they are trusted. It is the want of faith in each other, that causes so many acts of rascality. But says an objector: You would abolish the credit system." We say no. We would build' it up. We would place it upon such a foundation ' l that it would result in all the good that is desired ' or expected ; and prevent the frightful evils which! flow from it, as it now-exists. We would like to see men receive the Use of the accumulated savings of others because they are honest ; and not because there are laws which might possibly Compel them to pay. To the objection above stated we will quote, as nearly as we can recollect, the substance, of a passage in a lecture, delivered in this city some years ago, by Mr. Van Amringe: You see' that man passing along the street; he is a fine look-1 ing fellow ; dresses well, is winning in his manners,' and is a great favorite among the ladies. Well, he won't pay his landlady for his boarding, nor his washerwoman, nor his tailor. But the same per son has been gambling, and he lost a hundred or ,a thousand dollars. He will pay that. He will never sleep c6ntented until that gambling debt is paid. He will swindle his friend to raise the money. And why will be act thus? Because it is a debt of honor.' " There may be important objections to the re form we have propused ; and, if so, we desire to hear them. Public opinion is certainly setting strongly in favor ol ' the measure ; and if those who are gifted with sufficient foresight, to see great evils in its success, do not come out in opposition, it will be carried. Laws requiring the imprison ment of poor debtors, were abolished; (and who' would have them re-enacted?) and such will be the fate of laws for the collection of debts. The age is ripe for the change, and it must come. ACCIDENT.—On Friday morning last, a grind. stone bursted in the File Manufactory of Messrs, Tingle & Snyder, Reserve township, Allegheny , tearing away the roof and one side of the wheel house. A pert of the stone was thrown 50 yards from its place, teal ing•away the side of the build ing. No other damage. Two men, grinders, nar. row ly escaped being killed . It arr Wasceen •-••A raft was permitted to float against a pier of the Old Bridge, on Saturday night. We saw it beautifully wrapped around the pier yesterday. Loss :to the owner from the Alle gheny country. a:7- All of us, and the ladies in particular, are anx ious for the arrival of tomorrow evening, when Mr. and Mrs Newton will appear in the Athens um. Mr. Foster has incurred g - eat expense in bringing these renowned vocalists before the Pitts- burgh public; and we are desirous that he may be well sustained. That these performances will give great satisfaction we know. DR EA DFUL EXPLOSION.—On the evening of the 12th inst a building used as a Powder Magazine in Nashville, Tenn. was Struck by lightning, caus ing the powder to explode, and s destroying aboul one hundred houses. The bodies of ten persons had been found, who lost their lives by this awful visitation. cCrThe total amount of exports from Boston, during the six months ending June 30th, were $5, 357, 079, while the imports during the same period amounted to $24,667,236. Of this large excess of imports over exports, $18,089'515 were from En gland, and $1,0132,002 from. the Island of Cuba. The excess of free over dutiable goods was-$732,- 174 ; and of the exports $848,184 were foreign products. Ancexr.—A small sum of money was taken from the counter of the Exchange Bank, yesterday morning, by a woman named Mary Burke; for which she was arrested by officer Fox, of the Im dependents, and committed by Alderman Steele. Information was lodged against her for disorderly conduct and drunkenness. ACCIDENT.—As Mr. James McCully, the well known flour merchant of this city, was riding out to his farm in Peebles township, in company with an old gentleman named Kane, the horse took fright and ran , OIF, upsetting the vehicle, and throw ing both upon the ground with great force. Mr. McCully was seriously ,injured; his skull being fractured ; and yesterday afternoon his life was dis paired of. Mr. Kane was also badly hurt, but not dangerously. ANTI-Galli/4M isx.--The roughest exhibition of the meat-eating propensity of our people, took place on Sunday evening,, in a public house. A quarrel was raised between two gentlemen, which ended in a rough and terrible fight. A bit a piece off Vs nose; and B, in retaliation, took a mite off A's ear. Both went to bed without their regular suppers, as. sporting gentlemen always deem a flinch sufficient for an evening meal. ,kS . rsAx so.cr IN TROI.LE.—The captain of the steamer Colorado was fined four dollars, by Mayor Adams yesterday, for deseCrating the Sabbath, • ';.;415 . Mr. lI.VCANDLESA , Argument In the Su preme Court on the License Question. MAT IT PLEAST YOUII Hoxons: If this were a popular meeting, I could acquiesce in, and probably reply to some of the ad captand• urn arguments urged by our learned advisers. But I am in a COURT OF Eamon, which knows no ex citement bordering on extremities, and with great propriety, seldom entertains.an appeal to mere se cular prejudice. The temperance cause is great and a good one, but its members are intemperate in their advocacy of it. They cannot compel people to it by the force of Legislative enactments—the mild system of public opinion is much • more potent. The tea would never have been thrown overboard in Boston harbor, but for compulsory British Statues • and although this wag an incipient to our independence, it was, revolutionary in its character and destruc tive to the existing government. The character of the• American people is such, that they will nev er submit to an arbitrary assumption of illegal au: thority upon the part of their servants, who seek to avoid the responsibility. due to their official eta. tions. The Legislative power, has been placed, by the people in the hands of their representatives, who are sworn to properly exercise it, bitt in the case beford us, they seek to shift the responsibility into hands that are not constitutionally- resOnsi ble. The people never contemplated, that that which they had delegated to grave and , digned men, every way qualified for the performanc of their official duties, should be sent back for' their sanction and approval even in matters of the_great est moment, much less in those involving mere municipal regulations. The,temperance cause includes both these. and, in an Act of Ass' na'ily under discussion, we h ive the extraordinary controversy now before the Court. I shall attempt to discus it, not upon popular but upon legal and constit a .onal grounds, leaving the ethics and morality ofut i matter to a more fit tineoccasion. the This case involves two questions : I. Is the law passed 1846. See parn• phlet laws 1846, page applicable to the cities of Pittsburgh and Allegheny. This is a penal statute .and must be construed strictly. It subjects the violators to fine and im. prisonment, deprives the citizen of his personal lib erty because he is a vender of merchandise, recogs nised as an article of import by the revenue laws of the general government, and also that of domes tic manufacture, upon which our government vais• ed much of its means to support our last struggle with Great Britain, and by a memorable insurrec. tion gave an odious history to this section of the country. Being s penal statute, we must therefore take its words, and construe them as any man would without reference to penalties or inordinate excite. ments. In the applicability of the Act to this county the " WARDS" are omitted, and its stringent penal ties restricted to Boroughs and - townships. The member who draughted the bill very properly knew well that the morality of the county exceed• ed that of a populous city and that which would be acceptable to his constituents •in the country, would not.be so to those in town, and therefore he left the word out of the first section. And that the Legislature thought so too, the' Court is respectively referred to Senate jdurnal,, vol. 2, 945, of IS-I?, where a motion was made by the representatives from Allegheny county, t' to' pass a supplement so as to include the ' Winiis ' of the cities of Pittsburgh and Allegheny." It I was not agreed to. Thus giving a Legislative con• 1 struction to what was apparent from the face or the Act itself; for, if not evident from its words, and intentions, why introduce a supplement? This argument is so simple, that I need not urge it farther upon the Court 2. Is this law Constitutional. TI: is the great question of the case, and I re. spe S•ely submit the following memoranda and autho ities for the consideration of the Court. The case of Thurlow vs. Massachusetts et al. 5. Howard 504 to 613, does not touch the point. The final judgment of that high Court, was, that a State might by legislative enactment, prohibit' (lie introduction within its boundaries, of an arti-I to the health of its citizens; but they do not hold that they can delegate this - power to a third party. This right of commercial restriction, I take it, must be subject to the doctrine laid down in Story's Com. on the Constitution, page , that after the'imported article leaves the Custom House, it must be incorporated with something over which the State has control. The commodity must be broken up in small parcels, and vended in a manner at valiance with the State laws. The original package as import ed, may be taken any where into an&State in the ' Union, without tax or prohibition, otherwise there I would be an infringement of the Revenue laws, ' I and consequently a violation of the Constitution of the United States. Aside from this, the Supreme Court of the Uni ted States in the case referred to, have nut said that a State Legislature may refer back to its con stiuent the function given to itself—that it may act by proxy, that impeachment for dereliction of duty may be transferred to a legislative power not recognized by the fundamental law, and that society shall be reorganized from the same material into its original elements. For this is the doctrine in substance contented for by 'our learned friends. In the Constitution of 1790, and in its amend• l ments of '3B, the People, who adopted it, say, " We, the People of the Commonwealth of Penn. I sylvania, ordain and establish this Constitution for, its government." The powers therefore, which they possessed as a mass, were distributed among the different de partments of government recognized by this instru ment. They reserved nothing to themselves that was hostile to it, but have in good faith carried out its provisions ever since its adoption. They defined the rights and duties of the Executive and Judiciary, and they vixen the Legislative power in a Senate and house of Representatives, !lotto be deputed, transferred, or parted with ; no, not even to themselves, except in the mode prescribed by the Constitution of their own creation. And what is this ? The 10th Article of the amended Constitution, Dunlop's Purdon, says: " Any amendment or amendments to this Con stitution, may be proposed in the Senate or House of Representatives; and if the same shall be a greed to by a majority of the members elected to each House, such proposed amendment or amend ments shall be entered on their journals, with the yeas and nays taken thereon. And the Secretary of the Commonwealth shall cause the same to be published three months before the next election, in' at least one newspaper in every county in which a newspaper shall be published; and if in the Legislature, next, afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Commonwealth shall cause the same again to be published in manner aforesaid; and such proposed amendment or a. mendments shall be submitted to the people in such manner and et such a time, at least three months after being so agreed by the two Houses, as the Legislature shall prescribe ; and if the peo ple shall approve and ratify such amendment or amendments, by a majority of the qualified voters of this State voting thereon, such amendment or amendments shall become a part of the Constitu tion ; but no amendment or amendments shall be submitted to the people oftener than once' in five years. Provided, That if more than one amendment be submitted, they shall be submitted in such man ner and form, that the people may vote for or against each amendment seperately and distinctly." Any process of alteration, other than this, was never contemplated, and in practice would be dangerous and revolutionary. They had emerg ed from the colonial system, where all powers o government were concentra ted in a single branch, and they guarded their in terests by checks, which from experience have proved sanitary and salutary. What right, therefore, have their representatives, their servants, to reverse the order prescribed by themselves, and to constitute asingle body to make laws, which they, the prople, said in the Constitu tion, was contrary to every sound principle of re publican government. There is no analogy in the case cited from-3 Burrows, 1837, and this. A deputation from a corporation to some of its members "to make by-laws," is merely ministe rial, it is subordinate to the principal body. But :Z. , ,, ,, :zqzztir;,:t' if the whole franchise was given to the committee without responsibility upon the part of the corpo ration, it would amount to a forfeiture of the pri-. vileges of the association. The case of the " hot press " cOmes within the same category. category. The whole argument of a grant of suppOsed legislative powers to a corporation, or any crea- , ture of the sovereign authority, is based upon false 1 premises. In the popular sense of the term, it is "legislative," a power to make laws, that is; for a body corporate; but not a SURRENDER of the supreme power of the State. In granting_ to these numerous companies. scattered over the Common. wealth, extraordinary privileges, it would be ab. surd to suppose, that it was the intention of the Legislature to give up that which had been confi ded to them by their constituents. The law under revision, contemplates a multi plicity of domestic p'arliaments, for the evils of which, I refer your Honors, to "American Citizen" a work published by Mr. Oliver of Boston, page 138,''vvho classes "unstable legislation" as one of the unhappy results attendant upon a too numer ous house of representatives. What are all these " wards, boroughs and town ships," but so many houses of representatives ? They make the law, and in their sound judgment may repeal it at their next Session, that is, at the next Election. " The advantage of frequent changes in the laws, is, that the people never know when they are safe ; for they hardly Iklve time to know what the laws are before they Tre repealed, and new ones enacted." In addition, the author says, that this numerous house of representatives, would be annoyed vvitla" prolonged debates and al most interminable speeches," a virtue I think more honored in the breach than in the observance. - My learned and indefatigable Colleague, having refered your Honors to the principal authorities upon which we expected to rely, I shall not trouble you by citing these again. But I take pleasure in inviting you.- particular attention. to the profound opinion of Mr. Chief Justice Booth of Deleware, which, upon request, he did me the hon or to send in manuscript and also to the Pamphlet Laws of Deleware for 1847, published by "S. Kimmey,Dover, Delaware," pages 178,179,130 and 181, ,sheaving, in my judgment, the similarity of, our act with theirs. I could ilustrate this argument but after what has been said by my colleague I deem it unneces sary. Fred Hunt and his band of Sable Harmonists, among whom are Archer and Chapman, leave this morning for Pittsburgh. They will return in a few days, and give us " a taste of their quality." [Cin. Enquirer. 0:). The band arrived here on Sunday, and will appear in the Eagle to-night, as every person' knows; but as to their returning to Cincinnati in a few days, we profess to have something- to say on the subject. By invitation from Mr. Andrews, we attended tleir rehearsal yesterday afternoon, and we can safely say that they are superior to any Troupe of Etheopean singers that have ever been in our city. There are seven of them—all solo - singers, and excellent musicians. They have several new pieces which we think will beiegard ed as delightful by those who hear theM. Among the rest, a parody on the old favorite song of "The Mellow Horn," is most exquisite, as sung by this company. The old pieces are: presented• with trimmings" which cannot fail to gratify an au. dience. Qc? Some waggish Democrat from the country, brought a live coon to the Allegheny market, on Friday night, and seemed•to take great pleasure in exhibiting the instincts and peculiarities of the ani mal to the Whigs who passed near him. It was amusing to see the Irvin voters grin at the embodi ment of their political creed. Dcruntsys BALL.--This Grand Soiret is to come off on Thursday night, as has been announced. The managers are determined that it shall surpass, in every respect, the great Balls 'of last winter. The music and room decorations are to be the ' best; the supper of superior quality; and the la dies will all be pretty--of course. TI/AT/lg.—Mere was a large and fashionable house last night. The pieces went off well. To-night will be presented the tragedy of Othel 10, int which Mr. Jamison and Oxley will appear Mr. Parsloe will appear as Ziczac in the • , Imp o the Elements." With such a bill, the house will be filled again. az?! We call the attention of the public to the sale, by order of Administrators, of the entire stock of Groceries, IJousehold furniture, and a variety of other useful articles, of the late P. Cahill, at the corner of Wylie and Tunnel streets, this morn. ing. Purchasers would do well to attend the sale, as they will have an opportunity to 'supply them. selves with good marketable articles. [See ad vertisement in another column !?. Mcnoocs.'s NunsEnr.—We call attention to advertisement of Mr. John Murdock, Jr, proprietor of the Pittsburgh Nursery. The fruit trees of Mr. Murdock are celebrated throughout this region of country, as being of the most choice description. We would advise farmers and others wh'o , Wish to set out young orchards to give Mr. Murdock a call His nursery is situated three miles South East of this city. Ga. The District Court commenced the October term yesterday There is a long list of causes•for QM Anlipathies.—Amatus Lusitaneous relates the case of a monk, who fainted when he beheld a rose, and never quitted his cell while 'that flower was blooming. Orfila, (a less questionable author. ity) gives the account of the painter Vincent, who, was seized with violent vertigo, and swooned when there were roses in the room. Valtain gives the history'of an officer who was thrown into convul sions and lost his senses by having pinks in his chamber. Orfila also relates the instance of a lady, of forty-six years of age, of a hale constitution, who could never be present when a decoction of linseed waspreparing without being troubled, MI the course of a few minutes, with a general swell ing of the lace, followed by fainting and a loss of the intellectual faculties, which symptoms con tinued for four and twenty hours. Montaigne re marks on this subject, that there were men who dreaded an apple more than a cannon ball. Zim merman tells us of a lady who conld not endure the feeling of silk and satin, and shuddered when touching the velvety skin of a peach; other ladies cannot bear the feeling of fur. Boyle records a case of a man who-experienced a natural abhcir rence of honey; a young man invariably fainted when the servant swept his room. HippOcrates mentions one Nicancor who swooned whenever he heard a flute; ann Shakspeare has alluded to' the strange effect of thebaw- pipe. Boyle fell into a syncope when he heard . the splashing of water; Scaliger turned pale at the sight of water-cresses ; Erasmus experienced febrile symptoms when smelling fish ; the Duke d'Epernon swooned on be holding a leveret, although a hare did not produce the same effect. Tycho Braine fainted at the sight of a fox; Henry 111, of France, at that of a cat; and Marshal d'Albret at a pig. The horror that whole families entertain of cheese, is well known. • (:1. The Alexandia Gazette says, that in the Virginia upper country, Fauquier, Loudon, Prince William and Fairfax, the potato crop has been seriously injured by the rot. 0:1. The Houston (Texas) Star learns from a gentleman who has lately visited Torrey's trading house, that Major Neighbors and twenty rangers have gone into the Camanche cpuntry, to induce the principal chiefs to attend the council that is to be held at the trading house at die next new moon. Mopechuca and Payyayuca are, it is feared, still dissatisfied, but are opposed to hostilities. az?. An engineer of Glasgow asserts that he has discovered a mode of propelling . vessels on rivers and canals at the same speed as locomotive engines on railways, and at half the cos‘ - - " ' • •-• • , • DitISPA TOMES BY ELECTRiC TELEGRAPH, XXPRE4SLT FOR THE MORNING POST Late from Mexico. P HILADELPHIA, Oct. 18, 8 o'clock, P. M. The schooner Somers, aritived at Charleston, from ' Hrivanna, making the trip in 5 days. The English steamer Mediterraneak . had arrived at Havanna on the 7th, from Vera Cruz. The Havanna papers are filled 'with extracts from the papers of Vera Cruz, but give few addi tional particulars in relation to Mexican affairs. The only item worth telegraphing is furnished by the letter of a correspondent at Vera Cruz, under date of Sept. 29. He says that Gen. Scott has ad dressed a circular to the citizens of several of the Mexican States, inviting them and their deputies to meet in the Capital, with full power to con clude a treaty of peace. It is also stated that a division of fifteen hun dred men had been sent by Gen. Scott to take Tolaco, a small place near the city. The New Orleans papers failed to arrive at Pe tersburgh. BALTIMORE MARKET. Oct. 18, 3 o'clock, P. M. FLOUR—Sales Howard st. at 6,50; City Mills held at 6,50, without buyers. WHEAT—SaIes Prime White at 1,44; Prime Red at 1,3201,35. CORN—Prime White 6867070 c.; Prime Yellow 70c.. OATS—Sales at 43c PHILADELPHIA MARKETS. Oct. 18, 4 o'clock, P. 31 FLOUR—HeId at' 7,00; sales 1000 bbls. a 6,12 i. • CORN MEAL—Sales at 3,25. • WHEAT—SaIes new southern at 96c. CORN—Prime Yellow at 80c. WHISKEY—HeId at 30c. NEW YORK• MARKET. Oct. 18, 3 o'clock, P. M. FLOUR—Firm, with sales at $6,8238,75; eas em demand active. GRAIN—No change. - WHISKEY-411es at 32c. PROVISIONS—No change. ST OCKB—Nothing doing. Suspected Poisoning.— Francis Bruggman, a drug gist in Sandusky City, (0.,) bas been arrested on a charge of murder, by administring poison to Con rad Alder, his partner in business. Bruggman and Alder, were foreigners, and had recently removed to" Sandusky: Wholesale Oyster Depot. REIS & BERGER, southwest corner of Smith field and Second sts., are now daily is of Fresh Oysters, by the two day line from Baltimore, which they will sell low by the can or half can. . RES & ER. N. B. Every can of Oysters sold l by usß E3RG war ran ed to Le fresh, or the money refunded. oc 19-d Iw* For New Orleans. The new and splendid passenger steam -7f=t et AMERICAN EAGLE, J. Antmsorr, Captain, will lease for the above and intermediate ports, on Thursday, the 21st inst. For freight or passage apply on board, or to ocID-td GEO. MILTENBERGER. FRUIT TREES. 1-111010 E and valuable Fruit Trees for sale at the kj PITTSBURGH NURSERY. The proprietor has spared no expense in import ing from the East suFerlor varieties of Fruit. Of Pear he has now specimen trees of some 120 of the beat varieties, a number of which have fruited this year, among which are the Bartlett and Genesee. A few hundred young trees of about 50 varieties are offered for sale, ranging from Bloodgood and I Dearborn's Seedling, early,to Mout, Merceau, Beer-''l re, Deihl and Picquery, late, 100 ofSeckel. Ckerry from May Biggereau, Rivers Ea. Amberg, Daven port's early, to Downer's late. Apples from' Ea, Golden Sweeting, En. Harvest, to the Baldwin,l Roxbury, Rouset, &c. A few dozen of the celebra. ted shade tree;Pawlniinia Imperialis, (leaf 20 inch broad,) per doz. $6. Orders leR for trees at Messrs. Rob't Dalzell & Co's, Liberty at. will be promptly attended to, or at I the Nursery, 31 miles southwest ofPittsburgh, on the road leading to the lion. Walter Forward's, and miles from Oakland, Penn'a Avenue. octl9-gtw. JOHN MURDOCH, Jr T EA -10 half Cheats Cimino Powchong; 10 " " Fine and Extra Y Dyson; 5 " " Imperial and G. P.; 40 Catty Boxes various; for sale by ocl9 • J. D. WILLIAMS, 110 Wood at D OCK CANDY.--10 Boxes No 1. For sale by ocl9 J. D. WILLIAMS, 110 Wood st. kURRANTS-4 Boles Zante. For sale by ocl9 3. D. WILLIAMS, 110 Wood st A LMONDS -2 Bales Beordeaux; 3 .. Sicily; 10 Boxes Shelled; 200 . 4 ' paper shelled; For sale by J. D. WILLIAMS, ocl9 - 110 Wood.st ICKL.ES-2 Cases Underwood's, assorted; for sale by • J. D. WILLIAMS, ocl9 110 Wood et • LIQUORICE-1 Case Small Stick; for Bale by L ocl9 J. D. WILLIAMS, 110 Wood et New Goods, New Goods. • RECEIVED,, at the Iron City Clothing Store, a splendid assortment of Cloths, consisting of fine French, English and American Plain, Lin and Fan cy Cassimeres„ of the most modern styles; fine; figur ed Cashmere Vestings, Silk Velvet, Plain and Fancy Satins--all of which we will make up at the most, reasonable prices, in a durable and fashionable style. Ready made Clothing, of all descriptions- Lady's. Cloaks of the most fashionable patterns. deck and Pocket Lidkfs Suspenders,' Bisoms, Shirt Collars and every article usually kept in a -Clothing Store. , Country Merchants before purchasing elsewhere, will find it to their advantage to call at the Iron City Clothing Store, No 132 . Liherty street, immediately opposite the month of Market. octlB-tf Magazines for November. ' RAHAM'S Magazine for November. ur Ladies' National as The Buckskin: or the Camp of the Beseigers. A tale of the revolution, by the author of Eathan Allen. Master of Lon gford , Fatal Legacy, &c. • The Crater ; or Vulcan's Peake, a tale of the Pa cific, by J. Fennimore Cooper, 2 vols. Rory O'Mcore, 25c edition. Chambers' Miscellany, No. 4. llortieulturist for October. Barr's Pennsylvania Reports, vole 3 and tt. The Boy's Treasury of Sports, Pastintes and Recre ation, with nearly 400 engravings. Union Magazine, for October. Y Falcruse, ur the Lilly uf the Valley, by F tancis A. Dulivage. Wagner, the Wehr Wolf, complete. Dombey and Son, 11th and 12th numbers. The Maid ofMonterey, a tale Loft& Mexican war. The Outlaw's Bride, or Blanch the Beautiful. Wildash, or the Cruiser of the Capes, a thrilling tale, by A. J. Ingraham. Norman's Bridge, or the Modern Midas. Margaret Graham, or the Reverses of Fortune, by G. R. P. James,Esq. The Knight f Mouleon, by Alexander Dumas. Late London Papers. Just received and for sale at MORSE'S Literary Depot, 85. Fourth street, octlB • NOTICE. T" public, and all those sending goods from the East to Pittsburgh,are informed That we haiejust put on a new line of express wagons,. exclusively for Brownsville, to transport goods tor Pittsburgh on ly, and we will furnish receipts at our office in Balti more to deliver goods in thirty six 'hours at Pitts burgh (Sundays and railroad delays only exeepteda Receipts for this line will also be furnished by Ad ama & Co. Boston, New York and Philadelphia. As we run the only express by mail trains west, shippers' are informed that they must procure receipts at the above offices anly. . GREENE , Office B. 4. 0. R. R. Depot,'Pratt St., Baldmore. Pittsburgh office, H. G. VICKERY, Agent. St. Charles Hotel, Pittsburgh octl6-In/ pttuatton Wanted. A. „ YOUNG MAN, who has extensive - connexmat, and cmes well .recomme and- to whOns employment o is an object, will a ccept of a situation as salesman or clerk, at a moderate salary. Apply to the Editor of this paper.- ocll3 MERCHANTS AHD MANUFACTURERS' BAN% Pittsburgh,`Oct. 18, 1897. 43_A N election for thirteen DireCtors of this Bank, for the ensuing rear, will be held at the Bank ing house, on Monday, the 15th November next. octlB-td W. If. DENNY, Cashier: - , . 13 . amt or .Prrrsntincrt, October ; 16,1847. An election for thirteen Directors of this Bank for the ensuing year, will beheld at-the Bankirg bowie; an Monday, the 16th day of November next. ocl6 JOHN SNYDER,,Cashier. XCHANGE BANE Or PITTNISONOL APT election for thirteen Directors of this Bank II will be held at the Banking House 'on Monday, the 15th day of November next, between the hours of 9 A. M. and ap. onctlB4d LETTERS Testamentary on o the estate of Robert Smith, late - of Saowdcn township, deed., were granted on the 16th day of October, A. D. 1847, to the t übscribers, residing in Upper St. Clair township, Allegheny county. All persons having , claims or demands against the estate of the said decedeat, are hereby requested , to make known the same to tie without delay. WILLIAM SMITH,I octlS-w6ts JOHN WCULLY . _ Proposals IXTILL be received in accordancewith the fol.- 11 , lowing resoletion adopted by the Board or Managers ofthe Western Pennsyltania llospital,viz:, Resolved, That a committee of three persons be appointed to-receive proposals for selling to the'As sociation a tract of Jana within tee miles of the city, containing not less than forty acres. The same to. be submitted to the contributors, with a view to the establishment of an for the Insane on said ground. J. IC. MOOREHEAD, • . WM. WILKINS, Committee: GEORGE. BREED, octls-11&.wlw irr City papers who as subscribers print for the institution, please insert the above daily and we*: ly one week., NEW MILLINERY, No. 10, St. Clair Street. MS. DUFF, has just returned from New York, and opened a choice selection of elegant and' fashionable WINTER MILLINERY: Bonnets, Caps,- Collars Scarfs, Ribbons, Laces, Bags, Gimps, But tons, Fringes, Flowers, Feathers, Hdkfs., Shawls, &c. The latest- patterns of Caps; Mantillas, &c.` Every article in the Millinery business made to order in the latest style. .1 few good silk millinerayanted; octl6 • • DOLLARS- SAVED ! Contr. ONE, COME ALL..- • ROBINSON. IMPORTER.. Fifth Street, one door below Wood, T_T AS just returned from Boston, New York and IX Philadelphia, with decidedly the crtnaptsr and mosr CHOICE lots of genuine French and English CLOTHS; 6-4 and 34 Black and Fancy Cassimeres; Dress and Hunter Cloths, for over7coats; Plaids and Fancy Cloaking; all Of the bestmanufacture, cpuaity" and colors. , , VESTING S—Fignred and Sup. Sup. CashMerea, (out of the Union oh her last trip from Frande,) Sat tins, Fig , d Silk Velvets, and - a general eelectuni cc TAILOR'S Toriastrarcs, all tho r most fashionablwand. desirable, at his usually very -cheap octi6-Iw . - Standard- Poetry. r HE POETICAL WORKS Shakspeare, Scott, Byron, BurnS, Campbell; Coleridge, Pollok, Hemans, Cowper, Young; Gray, Beattie, Goldsmith, Moore, Pope; Shelly, Keats , Crabbe„Heber,Beo Johnson; I3eaumont & Fletcher, Messinger, Ford; Spencer, Ossian, London, Barry Cornwall?, Wordsworth, Hills, &c. &c..in various editione, for sale by H. S. BOS WORTH CO., octl6 No. 43 Market street. C. 31>CLOSICEY Boolcs,--Just Received: MALES of the Drama; Dictionary of Quotations; Complete Worhs of Sir Walter Scott; Life of Rowland Rill Welsted , s City of the Calipks; Bancroft.% United Siates; Library, of English Literature,; . The British Poets. octl6 Otarsitnrandy.. g tinp - ea, old Chard Brandy ~' .1 HALF. wid cairat d es Ei , fo h r sale -by _ • ' - P. C. MARTIN, corner of Smithfield and Front ete. ocl6 CI A ZERAC BRANDY7-5-halfea and 'cira. old daze ° raoßrandy, with certificates; for sale by 0016 ' P. C. MARTIN. QEIGNETTE BRANDY-5 half pipes, with certi ficates, fur sale by oel6. ' half PiPegs. -T3INET CASTILION BRAN for oale . _.. . GINop. Swan, Black horse. and Holland Gilt, with certificates, for Sale by ocl6 • P. C. MARTIN. - 'l.7laTr t- W - INES-140 casks Port, Idadeira, 'and Sherry Winos, pan Terrold; for sale by ,,, " - _ P..C. , MARTIN. r HE, two story Brick'Dwelling and Store, lately .1 occupied. by P. Cahill, - at the corner of Wylie and Tunnel etreotti. • - -.* • ALSO, .! The two story Brick Dwilling, immediately in the rear of the above,and treating onTunnel street. Possession given. immediately. Aptily to JOHN, J. MITCHEL, Attorney nu it, Law--Sthfleld:st. 0r.14-tf TINES AND BRANDIES IN BnTTI.ES: 150 doz. Bottles Wines and Brandies, sery'flue s or ra l e by (oc16) P. C. MARTIN.._. r:x177,0 s Manager::... PAIVATE BOXES $5; SINGLE TICKETS 75 Ms. Dress Circle, 50 cents.] Second Box, 35 cents. Pit, .25 Gallery, 90 aI Second Might. of Mr. G. W. Jamison. Fourth night of Mr. C. T. PARSLO Tuesday Evening, October 19,1841, Will be presented Sbakepeare , s Tragedy_ of OTHELLO. Othello Desdemona ...MIL JAMISON. OXLEv. MISS PORTER. DANCE, Dy MISS ANNA -211 ALVINA. To conclude with the new. Drama ofj IMP OP TEE ELEMENT Ziczac... =EC In rehearsal, Byron% Play of Werner; es, a play n 5 acts called b Wino, or, The Great Bandit. -- • -ATI:HON/SUM MUSICAL HALL. HE Public is respectfully informed, that an en. T gagement has been effeeted for.Trutcc N/OHIS ONLY, with the favorite Vocalist and Pianist. MRS. - R._ G.. NEWTON, And the Ecientric and Buffo Singer . MR. R. NEWTON,- From the Boston, New York and Philadelphia Con. certs and Festivals t They will appear On • WEDNESDAY. OCTOBER 20th,' In a varieiy of selected BALLADS, SONGS, 'DU- • ETTES, &c. Tickets, 50 Cents. Doors open at_7, Concert,tO begin at 71. octl64t Re-Opening of Andrews! Ragle Setloon. On Tuesday Evening, October 19th ". WITH ARCHER'S BAND OF SABLE MELODIST'S, Q EVEN in number, who stand unrivalled individu. 0 ally and collectively in their profession. 'They will appear each evening, in a marilty of the most popular Ethiopian Songs, Glees; Choruses, tm. &c. The following distinguished Artists, compose a' part of the company, Myers,Archer, 'Page, Chapman, Fawn and Seyniour.. • octl6 BY EXPRESS. - VESTINGS--100 Yds. more of those very retre and choice French Fig'd Cashnierea and Sins. PCBINSON„ Importers,: Fifth street. .. 0c19.3 CANDIES -20 Boxes stearine; 10 Stir; ~ 10 Sperth ; • • 20 Dipped; for sale by J. D. WILLIAMS, 110'Wood at: ocl9 THOS. hi. HOWE, Cashier H. S. BOS WORTH 4- Co -43 Marketat.. P. c. MARTIN P. C. MARTIN II Tn Jr.. • • . C. S. PORTER. • • • • Ma. .PARSLOZ II 1 1 ■ ■ I M = II BE 1111
Significant historical Pennsylvania newspapers