The daily morning post. (Pittsburgh [Pa.]) 1846-1855, February 11, 1851, Image 2

THE HEROINE OF WHEELING.
{COSCMIIED.] _ .
The second day of the siege had well
■ fiigh worn away——it was in the nnddle of
the afternoon. The last shot had been fir
' ed, the last grain of j.owder was exhaust
ed. Now, what was to be done? Make
J terms of capitulation, or despairing, sub
mit to fate? They in the block-house still
held out bravely, and a little longer con
cert of action might have saved them, for
the enemy already began to show symp
toms of wavering. At this crisis Colonel
: Zane called his men around "him, and after
. ■ describing to them ‘he situation in which
they were placed, he desired to know if
■: there was any one among them desperate
‘ enough to attempt a passage through the
enemy to the block house. He added that
it was indeed a. forlorn hope, but at the
worst could not be more disastrous than to
remain in their present condition. No
answer followed, the appeal. The men
gazed at their commander and into the
- eyes of each other with the most complete
. despair, and with faces blank with any ray
of hope. Elizabeth stood by the side of
her brother,silent, but' that silence was
; more eloquent than the words of the Col
onel. Perhaps, though, a; slight pang
might have fluttered her pulse, to hear : no
one apeak. Was there not one brave
enough to peril life for the salvation of the
• whole? Ammunition was all that was
wanted. One keg of powder and they
were free l At this moment a young man
stepped modestly forward and said :
“ Colonel, 1 will attempt the passage.- If
-1 die, all will remember mo; if I succeed
His eye caught the expression of Eliza
beth’s features, as they glowed upon him
• with unutterable, fondness and pride, and
fell to the ground. Colonel Zane stepped
Forward, and taking the soldier’s hand,
said—-
“ You are the man I expected would
volunteer for this enterprise. Go, and God
protect you 1 If they see you from the
blockhouse, they will cover you with their
fire, self possession is your only hope;—
Now-away while the enemy are partially
withdrawn.
• But here Elizabeth stepped forward, and
addressing her brother, said—
“ Silas, let me undertake this enterprise !”
“ You !” replied her brother, viewing
her with astonishment. “ Impossible l Do
you know the danger of the attempt?”
. “ Perfectly,” she answered. “ You
have no men to spare. Every one is need
; ed in the defence of the fort; and this ,is
the only service I can render.”
“ But a man would bo more fleet, Eliza
beth, and; more certain of success,” said her
brother.
“ Still you have, no men to spare, and a
Woman would not run the same danger in
passing the enemy. Besides, if.l fall, I
■ shall not be so much missed, nor the force
weakened.”
The Colonel was affected to tears, and
embracing his sister, said—•
“ Then go! God’s will be done, and may
•he protect you !” ’ .
A dozen men now sprang forward, pro
moted by the devotion of this heroic wo
man, and Ashley Harper, more urgent than
the rest, insisted that it was his right, as
he was the first to propose. But. Elizabeth
-would hear no objections, and at once be
gan to make preparations for the enter.,
prise. Partially divesting herself of her
■ clothing, in order that her speed might not
be less impeded, she was let out of the gate
;' ■'* ■•• ■ ■<•tt*> y "ii uiiv J.IULU fuv
• embrasures; the- anxious eyes of Ashley
■■■ Harper followed her as she fled like a roe
. ' through the Hues of the enemy. Now she
- falls! Twenty muskets are raised by the
•, savages to stop her progress; but a cry of
squaw! squaw 1 saved her. She reaches
the block house in safety, and is admitted.
. A period of awful suspense awaited them
in the Fort. The men were anxious for
relief; the Colonel was regretting that he
permitted his sister to go, and Ashley Har
per was ‘breathing prayers for her safety.
In the block house the excitement was
equally' as -great, and astonishment was
• expressed by every one at the intrepidity
of the maiden. Her brother there persua
ded her to stay with him* offering to send
one of his own men to the Fort with the
- powder. But she overruled his arguments
with the same logic she. had used with her
brother Silas, ana at last was permitted to
return. A keg of powder was poured into
a table cloth and she again sallied forth to
run that'desperate race.
In the Fort every heart was beating
. with the utmost anxiety, and as the dusky
foe was seen gathering around, scarce a
vestige of hope was left for the safety of
the maiden. . Still watched her lover from
the embrasure, and still prayed her broth
er silently. Forward she sped on her re
turn with her precious burden, as though
her feet were winged, while the enemy, at
lengthsuspicious of her errand,were pour
ing showers of lead after her. Yet onward
she caine unharmed—apparently uualarm
ed—preserved by an omnipotent power,
and at length reached the gate of the Fort,
...which was thrown open with eagerness to
admit her. As it closed with safety upon
the little, band within, assaulted -with an
hundred bullets, while the savages around
made the air ' peal with their-demoniac yells
of disappointment and rage, the brother
.welcomed her with tears. All pressed
around her to thank her for her bravery—
' all but Ashley Harper, his heart was too
lull for expression. .
The result of this adventure was the suc-
cessful defence oFthe Fort against the be
'■ siegers. But ere the war of the revolution
was ended, Ashley Harper slept with the
heroes of our country, having fallen in the
battle of Saunder’s Creek, North Carolina,
August 16, 1780.
. Itt-AHB ATTEB ihe Hobbt-Moom.— When Hon.
T/nman Smith, Senator from Connecticut, returned
■ to Washington with hie jonthfa), accomplished and
. handsome: Alabama wife, somebody ashed him bow
■ many slavesthe had. “Only one,” said Truman,
bowing low, and placing bia hand upon his:heart;
"only one, who is prond to be her slave,” That
aery good, A correspondent of the N. Y. Her
ald gives a supplemental anecdote a month later.—
On the night the platform gave way at the Washington
*“*•*» Mr. Smith was present: with his young wife,
and it is mid when the crash came he ran for the door
■tSU.®.. ■ W shift for herself. -Another lady,
remarked, pointing nt the honorable
*■****&£*»
• a ® iCtedand >,M
poEwiCaSwifc h ßShopo|th? DmMM^fMobu" l^
leg nmny.belonging to other churches, witnessed Ure
imposlagceremony. -
■ • ID! The Amoncan Minister,Mrs. Lawrence, and Col
T.D. Lawienes, lately left Lon don on a visit to Lord
sod Ltty Ashburton.
K 1 * h H* E*tA 4 «.**-'=*- -* <*• &#&£* 1 £j?%t ( *3**?"* r v '_*■’'* -‘
i-?v. , - -.-' r ;-?>. •*>'<#■•,• :•*■ -riv ' •-.■ “■• > •«• <• i -. i- -r .' '■ -1~.; .-. , : ■,:.- ? •... •--. •;- ■• -.- .s? ’.: '•' ~ '- 1 -•• :-•' -- -. , . /••• >
f S- ** >**•► i*** *V ' % c > 1 •*» * , ' -
Cl)t IBcraing Post.
Ij. HARPER, EDITOR AND PROPRIETOR;
PITTSBURGH: -
TUESDAY MORNING, FEBRUARY 11, 1851.
■ Bj““ JSV American: citizen:ban. ever'date to tstetnithe
Xtnion as thefirst ofaUblessings.: Disunion! God for
bid ~ Nations yti unborn tDauid fuc. ih£ : rash'iius' . ihB
/ l&vcttJLKW. ; ■ .: -
Democratic Stftte Conveatloßa,
AT. REARING,
• For nominating candidates for GovsitKoe andCAskL
Commissioner, on the 4th of Jane, 1851. ns fixed by the
Williamsport Convention.
AT HARRISBURG,
~For nominating candidates forSupßEMEßErtcn.on the
11th or June. 1851, as filed ike tegular aclion of the"
State Central Committee., - . ■
Committee or correapondence*
:THK; BeMOCHATIC"ConmY CoIffMITTEE OV COBBEBPOHD*
wtcs for Allegheny Couniy,are requested lo meetut the
Offict qr Vie JUoming Posh corner of Fifth arid-Wood
streets, Ihttsburgh. on Wednesday, the 12th day of Feb
tnary instam.ut n o'clock, A, M
• -The panctttal attendance of the members of the Com
mittee is requested. - a.burke,. ;
L. Hasps*. Secretary. Chairmati.-
5.1851.' - '
• A: Burke, - Dr. John Pollock* \
Dr. A. Black, Win. G. Hawkins, 1
. Charles Barnett, Dr. James Power,
Robert Woods, JohnDann,
L.Harper, H. 9. Magraw,:
Charles Kent, ... Rody Pa-terson, : •'
John Coyle, John D. Miller,
D. Lynch, Abraham Hays;
To Advertliers*
The Mobhtko-Post has a-larger circulation than any
subscription paper published in Pittsburgh. To busi
nessmen it affords an excellent medium for Advertising
and being the only Democratic paper issued in Alleghe
ny county, it goes into the haudM>f a' class of readers
reached'-oy no other paper. Advertisers will be good
enough to bear this Inmind. . .
TheTarl^«;
: The Washington writer for the New York Corn
merctai Advertiser says that the tariff movement
was defeated in the House on the 30th } :tilt. by the
determination expressed by the Boston lobby dele*
gation to kill the scheme unless colored- prints
were included/among the articles proposed to be
protected. The writer says, “ tKe scbemedrawn
dp in- secret conference met the view of every
Whig member of the House, and five Democrats;
who, with two or' three votes from the free soil
forces, already secured, would have been sufficient
tosecure the movement”
We incline to the opinion that nothing will be
done with, the tariff daring the present session of
Congress, as that tody will adjourn on the 4th of
March next. Although the members Irom the
East and South concede that the Iron and Coal
interests of Pennsylvania should he better cared
for, yet they are unwilling to vote for any change
: of the tariff of 1846, unless certain descriptions'of
cotton goods and sugar are included. It is
;!y too late in the session now to expect any perma*
nent legislation on so important a subject.
Store Sew RolUug jhnis.
Notwithstanding all the talk about bard times,
we find that new Rolling Mills are being started ip
various parts of tho country. A new Rolling Mill
has been started in Norristown by Col. Win. Scbail
of that placo. The Regitter pays the .« rotary
squeezer,” a very ingenious and important improve*
ment, on American patent oT much value, and for
the right of which Brilish.mauufactarcrs paid a large
sura, haß been introduced into this mill by Mr*
Scbail.
In addition to the above, wc learn /Vom the
Potlsville Mining Register that anew Rolling Mill
is to be built in Pottevillo r during the present year,
by Messrs.-Harrisb and Burnish, two skillful and en
terprising mechanics of Boston, Mass. They have
purchased sufficient ground on the northern limits
oftbo borough, at what is called Fiahbacb, in close
proximity to the Mt. Carbon railway and Centre
turnpike, on which they purpose erecting extensive
works. They will manufacture all kinds of mer
chantable iron, for blacksmith and machine shop
purposes, small T rails, end alt kinds of rails for
■mines.-"'"; *
■o’oti.iUl 01' .Wif-ptaw vastie i'ouraoi; is informed!
that rite works belonging to this company, situate in
the town of Sharon, have been in operation with a
single set ofhandß for aeveral weeks past, and havo
now pot on a double set, and are in full operation,
working np about twenty-five lona of pig metal per
day into bar iron, nail plates, &c. They will short
ly P°t in motion fifteen or twenty nail machines,:
which will enable them to manufacture seventy or
eighty kegs of nails per day. Tho iron manafac
tured by thia company ia represented to be'excel,
lent—by those who have tried it. It is a matter of
congratulation to ns to hear of tho flattering prbß
pects of this company. Only about 7 one year ogo
since the enterprise was started—and the contract
for erecting the works was not lot nntil in May last
and now a large rolling mill is-in successful opera
tion. This company organized nnder the general
manufacturing law of this state, passed in April, 18-19,
with a capital of 8150,000. Every man employed
in the establishment is a stockholder—tho shares
are 860. We say success to this enterprise.
Erlo County.
The Democracy of Erie county met in Convent
tion at Erie, on the 3d inst., for the purpose of op.
pointing Delegates to the Democratic Gubernatorial
;and Judicial.Btate Cooveationr.
Wm;A. Galbraith, Esq., and B. F. Sloan wore
chosen delegates to the Gobernatorial Convention j
and Geo. H. Cutler and Murray Whalion, Esqs.,
were elected delegates to the Judicial Convention.
: .The following resolutions were then passed:
On motion of B. F. Sloan,-' it was unanimonsly
Besotted , That this Convention present the name
of Hon. James Tsompsoh, of Erie, as a person
eminently fitted for the Supreme Bench of the State,
and that our„delegatcs are hereby instructed to one
all honorable means to secure his nomination. ;
On motion of Gen. W. W, Loomis, it was unsni.
monaly
Besotted, That oor delegates to the Goberaato.
rial Convention bo instructed to support the nomi
nation of Col. Wm. Biqleb, of Clearfield, for Gov
ernor.
Rhode Island Senator.
The Pittsburgh Gazette says that the newly elect
ed Senator from Rhode Island, Mr. James, «turns
out fb be a Whig after all.” This, it seems, ia predi
cated on tho fact that he voted for Gen. Harrison
Henry Clay and Gen. Taylor, successively for Pres
ident. This might all be, and yet Gen. James may
since have discovered the "error of his way.”
Tho Providence Journal, the leading Whig paper in
Rhode Island, says—
“ That General James stated to a democratic
member of the General Assembly that be was a
democrat and nothing bnt a democrat, and that he
would accept the office of Senator only as a demo,
crat.”
One thing is certain, that Gen. James was elected
by Democratic votes, in opposition to the regular
Whig nominee, and. it is admitted by both- parlies
that he is a Free Trade manufacturer.
Well and Wisely Said.
It is a remarkable fact, says tho Richmond Enqui.
rer, that in twenty-five out of thirty-one States,
tborq are now Democratic Governors. Tho six States
which have Whig Governors, are Vermont, Rhode
Island, New York, Pennsylvania, Florida and Ken
tucky. If the Democrats have the good sense to
carry oat their principles, and sustain all the provi 7
sions of the Constitution, they will avoid all danger
from the irritating questions-of the day , and will
sicceeddn retaining tbeirpower, . On the contrary,
a false movement, and tho introduction of the sla
very question, will break thorn into pieces, and their
present triumphant attitude and policy will be “as
a tale that is. told.” For their own success and the
permanence of the Union, they should look to it
•ad pursue the straight forward, wise and proper
co urea.
Srribbl'mgs ani> dippings.
—— At Gibraltar there wasagraat scarcity of water.
An Irish officer saidj {t He was very easy about the mat
ter, for he had nothing to do with water; if ho only got
his tea in tho.monung* and his punch et night, it was all
lie wanted.” - , . . ■ =• • . v
- Audubon, H ia'statedv has left an autobiography,
which will soon bo published/ It will be an exceedingr
ly interesting work; ? .. • v'
—— The liowell COQrier states that Charles Blood, 01
Dunstable, 49 yearB old, has left his wife and cleared oat
with Mrs. Mary Ami'Back, of Boston. Mrs. Hack is 22
years of age, and has ja husband living in Maine. Mt.
Blood curried oiT 5500,. and left his a cent
in the world. If wereboso flattery to call Uiora'vil*
lain. ’ ' .’ : 1 ...r;-.'
-- A meetihg of'the”Junior members bT tho New
York Bar was held on.SatuTday evening of last week,
for the pnrpose of adopting measures :lo rebuke the
rudeness, and to insure, if possible; a little ?uore court
esy on the part of certain boorish, occupants of'tlie
Bench- ‘ ■
—— Victor St. Vidor, tho teller of the Bank 6f Louis*
iana, aged 72 years, h%* been committed for tn&l on the
charge of robbing the Bank. Twenty thousand dollars
yet remain to bo accounted for. ‘ . i-fIS.
.. An, affray took. place at- 'tNorfolk, on: Friday,
among some of the crew of the United State? ship Ply
mohthjuafamyed from the East indies, in which save*-
ral persons were slightly wounded by pistol shots. The
police interfered and arrested some of the most turbulent
spirits..'-'
JohnS.: Woodman, Esq., a graduate of Dart
mouth College, in the .class 0f1642, has been appointed
to the Chair df Mathematics in thatinstitution, recently
znade vacant by the death of Professor Chase.
A,man named Shannon, aged about 40 years,
: was found drowned, on Saturday, in a pond, one mile
castofthe village of P;lalnfieid, Ct. A jug of rum was
found fn one ofhiß pockets.
- The Lafayette Bank of Cincinnati has declared ft
dividend of $5 per share for the last six months, and has
also passed a resolution to divide among the stockhold
- erß the dividend oh stock belonging to the Bank, amount*
ingtos2Ooqneachshare, .
The Louisville Journal publishes a certified state*
ment of lhe condition of the Bank of Lawrenceburgb,
Tenn., by which it is made to appear, that that insulation
is in a sound condition. ;
—-7? The Daily and. Weekly Globes, at Washington
City, oreto be discontinued after the 4th of March, next.
—— The Washington Union ot Saturday says: We
regret to learn that the Strong, of Petto*;
Sylvania, bas been suddenly summoned home, in conse
quence of the death of o member of his family.
: - By a telegraphic despatch from Detroit, we learn
that the caucus nomination of General Cass for the Sen*
. ate was unanimous. - . '
A shock ofanearthquake was felt at Calais,
at half-pastfive p.m.,on. the 30th of January, producing
a rumbling and rattling sound, which lasted about fifty
; There is considerable excitement in the upper,
part of New York; in consequence of the sudden disap
pearance of a very interesting girl, some fourteen yearn’
of age. It is feared that she has been enticed into soma
den of prostitution, and forcibly detained there.
The Dubuque Ttiituns says that Mr. Levin, of
that city, with a force of six hands, on tbe 23d ultimo,
raised 120,665 pounds of lea* l mineral, valued at some
thing over 3000 dollars. This is better than going to
California. /
From Harrisburg.
fCOBBXSt'bttDEtrCE op' THE MOBStMO POST.}
NUMBER XVIH,
HARBtssond,. February titb.
Mt DkAh Post :~The discosaion o( the Tariff
resolutions occupied both Ifouses tp-dayi, after the
regular morning orders, which included nothing o*
any importance for item of news. >
Alter tbe signally ttgnifieahi course of the Whigs
is the House yesterday, in voting en masse against
the motfon to print all the Reports on the<Tariff
Resolutions, the tyitigs of the Senate this morn
ing made a powerful effort, by a change in thei*
grand tactics, to shut the eloquent mooths of the
Democrats in that body. After introducing resov
lutions, and stating tbat he was ready to meet any
argument which could be brought against the doc*
trines they contained, Mr. Walker, who is suppos.
ed to represent the administration of Gov; John
nto,n. trifill ,ta snLfiff fitVnce*SST
’■ the resolution", thus making use of a meagre ma
jority, which they chance to have, to prevent any:
opposition or argument against their royal posi
tions and opinions. But Mr. Sanderson arose in
reply and made an indignant and death-dealing
blow to their scheme, by laying their objects and
motives* plainly before the Senate, and making
even whigsin the body feel ashamed of such a gag
proceeding.
The cause of this change in their course, which
was so plainly indicated and defined at the opens
ing of the debate, was the same as that which in.
flnenced the Whigs of the House to oppose the
printing of the several Reports. They found, af«
ter the new Senator, Mr. Sanderson, had occnpied
about a half-hour, on yesterday, that they were
getting the worse of the contest—that‘too much
of eloquence and argument were in the field
against them,-and that the same very unfavorable
contest would be seen by the public in the Reports
of the Senate speeches, that no one could fail to
see, in the House Reports. Actuated, then, by
the same instinct of self.preservation, and true to
their lost and only means of carrying it out,'viz;
keeping the people in the dark, they, struggled
long and desperately to effect this object; but for.
tunately they were defeated, and the light of tha
discussion will find its way to the intelligent citi.
zens of the commonwealth; They will be able
to contrast the dimness of the one side with the
brilliancy of the other, and make fair deductions
upon the subject.
This subject of the Tariff will probably occupy
the two branches of the Legislature for some days
Mr. Sanderson still holds the floor in the Senate
and Mr. Bonham, in the House. '
Mr. Sanderson Spoke to-day for about half an:
hour, on the unfairness and injustice of minimum
and specific duties, and Mr. Bonham in the House
upon the snpefior importance of the agricultural
interest of the country, and the great injustice
arid.plunder perpetrated upon it by a system of
protection for certain-'branches, of manufactures.
The talent,'id Both Houses, is decidedly on the
Side of the Democrats, on tfais subject of the Tar
iff,and the conduct of the Whigs has already
shown how sensibly they feel the certainty of the
fact, and how fearful they are of the result of it
tp them, and their darling humbug scheme of
protection to “ American labor," as they call it,
and which is no more nor less than a scheme of
political pirates, to rob the great agricultural, and
most of the great mechanical interests of the country
-r-sach as the ship and house carpenters; cabinet
makers, shoe, makers, smiths, &c., together with
all day laborers—and in fact all, with the except,
tion of the few woollen, iron and cotton lords of
this democratic land,
In the House, this morning, petitions were pre
sented praying for an act of incorporation to ena
ble certain persons to dig a well. The petitions
ers set forth; that they are [low in funds and lost in
reputation, and appeal very eloquently to the Leg
islature for special privileges, promising to pay s
small bonus to the commonwealth, provided the
individual liability clause can be left ont of their
charter. The capital asked for in the charter is
two hundred dollars, to be divided into shares of
five dollars each. It is a very good burlesque np.
on the furor in the community, in relation to acts
of incorporation with privileges, .
• I am, faithfully, &c.
FRANKLIN.
DECISIONS IH THE DISTRICT COURT
OF AUEOBQTV COOHTV.
Samuel Peebltt and Wife vs. Maria Boggs.
tr _ OEniHil. pm!tciri,ia .BTar.ii.Ls of discovert.
The proceeding tObbtainadiftCDverv should be a part
of the principal action, and not ft separate suit.
- In a bill oftiiscoveryin ueUon of Ejectment, it it pro
per Jot the pUinliff the defence expected to be
set up, ft discovery of ail such, facts as
are material jor him in answer to sncli def3nce,andlie
may Urns ascertaimtho ground of defence . -w
A party is endued to Bdisdovcnf of all that is material
to his case, wfhoar showing that it is nteestary.
Thus.iheplainliffmay require tho defendant to answer
as to thecirciunstances aria conditions of the delivery of
a deed of the Handj alleged by the plaintiff to create .a
•trust for hebrsiosd that plaintiff Is on heir..-
~ The allegation of-the pendency of a.civil action lays a
fcraadatibn for aftjUfo/dis^overy.
•Tt Should appear in thbbilHhauhe dlseovefy is sought
“ in order that the party may have the beoeiit thereofon
tho triarof saJd acuon;” :'
Wheaa-biil of discovery is filed in a cause- pending,
the party should be notLfied by ruls, and not by-suipceno,
to answer. ■■
BILt OP DISCOVERY.
,:"■ The bill alleges; the pendency of an action of
Ejectment in this Court between the same parties
plaintiffi and defendant, for a part of a tract of
land in this county—that tho defendant is in pos.
session of a conveyance of the .lahffjrpm David
Boggs, Jr., but that it was executed without any
Valuable, consideration, aiid in trust for the said,
David and his heirs, and that said David is dead;
and the plaintiff, Mrs, Peebles, is one of . his heirs
—that, at the time of executing the conveyance,
a.deed: of defeasance or other writing of-similar
character was executed and delivered by the de.
fendant,'and is believed to be now in her posses,
sion or to have been destroyed -by her, and that
she now sets up the conveyance, as absolute; and
the bill prays that the defendant be compelled to
Answer as to tbe existence of, the Conveyance and
the consideration thereof, the ( time and; circum
stances of the death of David Boggß, the agree,
meat of trust or defeasance, and the heirship of
the plaintiff.
The defendant'demurs generally, for that the
bill discloses no such case as falls within, the
chancery powers of this Court; and specially, tbat
it does not show how the discovery sought is ma
terial, nortbat.itis necessary in order to support
the action—that it does not appear what the bill
is. nor what relief is prayed for—that the; plain
tiffs have no right to pry into tbe defendant’s title,
nor to call upon the defendant to admit their heir
ship—and that the question as to the payment of
the-consideration money .is immaterial to the ao
tion.
Mr. Woods for the defendant.
Mr. Mnntosr for plaintiSs.
April 2,-1843.
BY THE COURT.
' Lowaix, J.—The mode of obtaining evidence
in all cases by a bill of discovery is of recent ori
gin in oar practice, and, though It may be very
effectually used to prevent litigation,-and todi*
minlsh the number; of points in dispute in each
cose, yet our want of familiarity with its use has
very.much retarded its introduction, ;
But its principle is no novelty in our practice.
We have always acted upon it in cases of foreign
and domestic attachments. We have it in its
most simple and direct form es a mearts of enforc
ing the production of books and papers in the Act
27th Feb., 1798, (Dunlop L. 159.) We have it
to some extent in the:rules requiring specific affi
davits of defence in certain cases. ; .
It was not until 1836 that oar law, in its cher
ished intimacy with the principles of chancery,
and reluctant fellowship with its forms, discovered
the merits of that feature of chancery character
by which the truth of a case is arrived at, though
it be known only to tbe parties. But now our law
considers it no forbidden way of arriving at truth,
to permit one party to call upon the other to state
upon oath the relevant facts of the case. ■ - j
We have no special rules as to the form of ex
ercising this jurisdiction; but we have the gene,
ral equity rule, No: 84, directing us to follow "the
present ; practice of the High Court of Chancery
in England, so far as the same may reasonably be
applied consistently with the local circumstances
ana local convenience of the district where the
“ 10;E»st«m* EiU,o( diacoveryexlets !a what
cover;- and relief are sought in different courts,
and when they are sought in the same court And
though these two modes of proceeding are
tially the same, jet there, ia necessarily the formal'
difference that, where the proceedings are iriidifv
ferent conrto there must be two or more suits/
If theduit in which the relief is sought be in a
common law court, thatdonrt having np power to
compel a party to reveal his knowledge of;the
:■ case > bis opponent can get his testimony dr admis
sions only by the aid of a court of chancery. And
for this purpose 1 he files his bill of diecovery, re
quiring a full answer on oath os to all matters
material to the case ol the plaintiff in equity. So
the opposite party may tdso file bis bill of discov.
ery, and thus the common law suit gives rise' to
two chancery, suits.
Bat when the suit for relief is in chancery, the
bill of discovery accompanies the charges of the
plaintiff and the prayer for relief; and all constitute
one suit. And even when the defendant files a
cross-bill for discovery and relief, or for discovery
alone, both,the bill and cross-bill are treated, heard
and decided as one,
Now it would seem plain that the spirit of our
equity rule'No. 84 would require us to follow the
antilogy ofthe latter form of proceediog in prefer
ence to the former, and file our bills of discovery
in the same suit inwhichthe discovery is needed
because, with its, the suit for relief and the bill
of discovery-are in the same court, 1 and the whole
procedure, being one in substance, should be one
in form. .' ' j ■
And there is nothing-in the substance of this
proceeding that requires the adoption of one form
rather than the other.;; The rules that regulate the
extent of the discovery are In both cases the same.
The party is entitled to a discovery of all facts,
and the production of all papers, that are in th’e
knowledge and power of his adversary. A court
of chancery grants a discovery as folly in aid of
cases at common law ns in cases inchancery.—
And though formerly a bill: of discovery conld no t
be taken pro eonfctto on a failure to answer it, yet
now. it is treated in thia tespect in the same mun*
ner as a bill of discovery and reliet.
Under our form of proceeding we necessarily
get clear of the awkward and bungling way ofadl
ministering justice parliestOrgo
into one court to have.the truth elicited, and into
another to have the canta tried. And the analo
gy to which I have referred, wonldseem, of itself,
to require tha| the discoyety: aiid relief should all
be parts of one suit.
But the conclusion is much strengthened by the
analogy of our own practice in other matters,—
Under the Act of 1798, where a party files an affi
davit to obtain a discovery of papers,-&cV it is
dons in the snit in which the papers aro wanted;
and the other party most pcpdace the papers, or
file a full denid, bis oatn; df, the matters charged ,
in his adversary’s affidavit, or judgment will be'
entered against him, equivalent to taking a bill
ph eonfaeo. ]■■■■■. : .
Where a suit is brought,against a-garnishee in
an attachment,; the plaintiff may proceed through
out in the common law form; or be may, in ad
dition, file interrogatories, to be answered by the
defendant, a substitute for a' bill of discovery; and
this is part of the same suit, and a failure to an
swer subjects the defendant to a judgment pre
conftsso.
But still more to the point. Formerly.the evi
dence of absent] witnessesaould be obtained only
by the aid of ajconrt of chancery. But by the
constitution this power of the court of chuneery
is conferred upoh the courts ef common law.—
This power is net exercised by means of a bill.to
take testimony “and-a; separate suit; but by the
simple and economical process known to every
body. And.tbiaiwouldseem to be an exact.and
ruling analogy for the present case.
These' same pnalbgies lead to another result,
that is, that the party shall be .failed upon to an
swer; the bill of discovery by rule, and; not fay
ntbpana. Both parties, after; suit brought, are in
court, for all the purposes of the suit, and the im
propriety of a sufapcna to bring either of them in
at any subsequent stage of the suit, is evident.
Assuming this pa the tree practice, the-billor
; 4< V'V. i'ti; !’ « *-*'*• '*' n " 1
petition for discovery will be much shortened and:
■simplified. The statement of the pendency and
character of the suit will, of course, be omitted.
And where ,the declaration contnius specifically
all the-allegations necessary, to found the* inter
rogatories upon, these wilt not need to be repeated.
;.;:- Jt'4s'aheau!iful feature-of our practice that it is
susceptible of?nn infusion of equity fortris. and
adaplatfon to equity principles.- Adopting our own
analogieB ,to guide rus- in tbe introdnetion :of this
new procedure, we have a form, simple, scientific
. and economical, and corresponding with other fa
miliar parts of our practice. Adopting the form
of .proceeding by a separate equity suit, it appears
as:a, crabbed nnd ill-placed graft disfiguring our
practice. • .
If, then, this bill had been demurred to for the
special reason that it appears as a separate suit,
the demurrer might possibly have been sustained.
But a general demurrer; does not reach this point.'
Besides it does no haim to the defendant,-for she
jb entitled to her costß as soon-as she answers—
In the other.form ■ the costs would : stand i ob part
of the costs of the cause.
It has not been sufficiently-noticed that every
suit in this court may be equivalent to a bill of
discovery and relief,'and to.a - cross fail! bssidss,—
So soon as an issue of fact, is proved, if not be
fore, either party may file his biji of discoverytii
the cause, and compel an admission of all the
material facts of bis case known to his adversary
Thus there may be an immense saving of time,
trouble and expense; to the parties. There will
often be judgments entered oh the admission of
the parties, or where they refuse (o answer, with
out tbe expense to the public and the parties of
a jury trial- The'real , point in dispute cau dal
ways be distinctly ascertained; and frauds perpe
trated in secret wiil he proclaimed upon the house
top. ■
■ Taking the principal and collateral proceedings:
together, they are equivalent to a bill for discov
ery and relief, a bjll td.‘compel the perform'anceof
a trust. In our form of.pleading, in .ejectment, the,
real point in controversy does not appear, for the
plea foraU casea ia “ notguilty.” . Whereas if the
pleadiugs ,were at length on ihe title, the declara
tion WonlJ show that the plaintiffs claim aa heir
of David Boggs, If the title of Boggs were un
disputed, the defendant would be compelled to
plead a devise or conveyance from Boggs in
avoidance, i;;.: 1 ;. ■
Now ifis,perfectly proper for the plaintiff to
state in Buch a case what the real point in dispute
is, though, it dbes not appear by the pleadings;
otherwise,'in Very many cases, a bill of discovery
would be totally ineffectual. He may suggest the
claim.or defence to be set up, and frame his in
terrogatories so as to meet and avoid it. This is
often done for the' very; pnfpdse of obtaining a
discovery of the adversary’s case, (not of his evi
dence,) to learn what is the true point of contro
versy, and to procure a discovery adapted to it—
The bill of particulars in common law pleadings:
bears an ahalogy to lhispractice. This discovery
is often obtained by suggesting'apreience of de
fence, and herein; it is very like to “giving color”
in common law: pleadings. If the defendant in
.this case does not claim 'under a conveyance ,as
charged in tbe bill, she can say so in her answer,
and there is an end of the bill, for on that charge
all the other, interrogatories are founded.
We are not called upon to decide whether the
discovery sought is necessary, but whether it is
material to the plaintiffs* case. ■ If there is a-con
troversy between. the parties in which the facts
sought to he discovered are relevant, then they are
material.
The defendant will not be beard to object, that
plaintiffi Can prove the same facta from other
sources. And it ib no hardship that she should be
compelled td admit the truth.- The heirship of
the plaintiffs is plaaiy a relevant fact to the case
stated in the bill, and is therefore a proper subject
of inquiry; So are all these questions as to the
.consideration of the conveyance, the. defeasance,'
and Other facts Which are evidence that the defen
dant is trustee of the plaintiff ; by - express agree
ment or by implication; If the deed of convey
ance' exists, they constitute the? plaintiff's means
of avoiding it.
Several of the foregoing remarks apply to the
general as well as to the special causes of demur
rer. In relation'to the general demurrer,it is ne
cessary only to add, that the act of 1536 relating
to courts, and the laws constituting this court,
give to this court the same power that courts of
Chancery have, so far as relates to the discovery
of facts material to the just determination Of is*
-vJEiSWSB. «<?®,wiiuted;4o ; 4ay
the lonndation of this proceeding. Oa this foun«
Nation the plaintiffs may demand a discovery from
the defendapt of every fact In her knowledge that
it is.material forthemto prove itt making oat their
case or any part of it. .
®>t it is objected that it does not appear what
Ihe biU is, and what relief is sought. It is a bill
of. discovery merely, and the purpose of the dis
covery roust faathat it.may be used'on the trial oi
the case referred to in the bill. But this is left to
rainterred, whereas,in strictness, it should be die.
tinctly alleged. Cordale vs. Watkins, 5 Madd. 18.
If the plaintiffs, after the prayer that the defendant
should fall answers make to the promises, had
“in order that the plaintiff may have the'
heneat thereof on the* trial of the action of eject*,
ment aforesaid,” this, objection could not have
beenmade. But thus far the demurrer is sustain'
ed, and the plaintiffs have to emend. As to all
other matters the demurrer is overruled, and the
defendant mast putin her answer in due coarse af*
ter the amendment of the bilh -
a Hew Bridge over the EXonongahelu.
It will be seen by the proceedings which We
publish below that, the.citizens of the flourishing
Borough of Birmingham ore moving in the matter
of erecting' a Bridge over the Monongahela River,
opposite , thati place. The gentlemen who have
been entrusted by the meeting with the affair, are
well known for their liboralityind entefprise'.'oni
wo have every reason to believe that they will af.
tend to the duties confided to them with the utmost,
promptness. It is in contemplation to erect a
Wire Suspension Bridge, with but a single pier in
the centre of the stream, which will be some 15
or 20 feet higher than the-Bridge opposite Smith,
field street.
Pursuant to public notice, a meeting waa~ held at
tbo public School House in Birmingham, on Satur*
day, the Btb instant; for tho purposo of taking into
consideration the ronewai of the Charter for a Bridge
across tho Monongahela Riser at Birmingham. ' •
On motion, Resolved, That a committee of twelve
be appointed to take the matter in charge, and draft
a memorial to the Legislature to procure a Charter.
The following gentlemen were appointed on said
committee: MiF. Eaton, C. Ihmsen, Samuel Me.
Kee,' Joseph MpHnjght,' P,. Mulvany, A. McLean,:
John Brown, J.M. McEiroy, O.Orttsby, Job Wart-:
ham, 6. E. Appleton and B. A. Wolfe.
On motion, the mooting adjourned.
N. PATTERSON, Pre't.
W.SniUES, Bec’y.
New Publications.
A. H. English & Co,, Wood street; have,received
No. 2 of Appleton’s Mechanics’ Mflga2ino and En
gineer’s Journo!, a very valuable publication, which
we take great pieasure : in recommending to the
useful class of citizens for whose benefit It was es
tablished. . ■; '
•’ Mr. <}. W. Bunn, No. 15, Federal street, has re
ceived the February number of The Monitor, n
Magnxine for! Youth, edited by Bev. H. Hastings
Weld. . .. - : "
_ Tolebatioiv nr Toekev.—A lottor from Mr.
Dwight, dated Constantinople, December lest, says'
through the exertions ol Sir Stratford Candida, the
British Minister at Constantinople, a firman tad Just
beon recoived by lhoProtestaniß of Turkey from thc
Sublime Porte, ’ incorporating them es a distinct
Christian community. By this firman, all the civil
and religioua rights of the Protestants are secured to
Ihosss* they are distinctly declared to have the ntivi
lege of building churches, holding burying grounds.
Sic,jfitc., which belong to other, Und dider religions
communities. A Turkish Pasha has been appointed
to attend to their affairs, and they are authorised to
appoint an ngent,.from among themselves, as their
organ of communication with the Government, and
a council, to decide on the civil affairs of the com
munity. Thus, perfect tolorationand complete oro
ficoplO, tho Armenfans. BeC ° IhMB
ihnt M. Lamartine is nbont to be an
pomted French Ambassador totheCputt of England? 5
• ' y ' T - f
'' y> j
Special Polices.
01/" -Dr* Hou.iCK.will arrive in Pittsburgh in a few
days, and deliver aseries of life Hectares, of whichtiu
, notice will be given. ;• 'ffobll:tf
** Soot* Guard a,
. ID" The members of the Scott Gunrdsuro hereby no
tified to attend a special meeting of the company at the
house ofMv Wallace, FiAh street! oh “Friday evening,
February Isih instant, nt 7 o’clock.-' Punctual attend
ance U requested. 8. M’llwaisb,
JeblO .. Secretary. .
Wtstar’s Balaam off Ctoerry; :: '
h ,^ c not onfrequentiy called attention to this
me' columns of our paper, and we have done
confidence that it was a good one, and
patronage of the public; -We have had a
lts effects upon some of our friend*,'
it ioit ® l ,he h 7 .gh encomiums passed npoh
•hoiS^ibKA^ ss - W oot-ia;paidpuffs, but in.
fi??^^w d S a L h-iyirigderTyedabene
desirous or advising all those
*S.>i£££ P®fi««>on to -resort to a remedy for pulmonary
of it. We have too much
confidence m. the propnetors to believe they would
ihrostihisor any other, medicine upon the cbmhanUV
unless - they had. full faith in its efficacy—in confirm
ation of which the proprietors offer a massif
from the most unquestionable sources ; Neither *255
they be understood as saying that ihiawiU alwavfloiTrP
cpnsamption afref.uls seated, although it seldom
to relieve the worst cases—bnt aV this season of the
year almost every body, is liable to a cold, which, if ne
glectedjWill lead to fatal .results—by taking this medi
cine we doubt not many lives may be Owed.—JVeto
England Washingumiati, Boston, Jan. 2,1847.
. Us* See advertisement^
Thoushnds Die
Annually of the Group, and yet two or three doses of
Dr. Roger's Livertoart, Tar and Candialagua, will de
stroy the false membrane formed by. this disease, give
Aee passage to the brealiij and thoroughly relieve inis
distressing complaint, : Mbiiers t Jhitik of this! It is
equally cfiicacioaainaH Pulmoharrf Discases* See Pam
phlet, also advertisement in another column! [fobs
Gaatrio Jaloe or Pepsin*
_ fLr' Tiiis great remedy»prepared after directions of
Baron Liebig, the great Physiological chemist, by Dr. J.
S.Hougluon.of Philadelpbia.is working wonders in all
aiseaeesof the stomach aod digestive organs. It is truly
one of the most important discoveries in' medicil- eci-
Cares of the most hopeless cases of indigestion
have been performed.tp which the afflicted con be re
ferred by calling on the agents, -.See advertisement in
another column. Ksvsna & JtPDpwm., Agents,
fcb3 .. . *; 140.Wooustreet. •
017“ During, these sudden changes of the weather*
colds, coughs and diseases of the. Lungs and Throat*
-are more prevalent than at any other season,- We ad
vise persons so affected to procure at Tmee, Japn« T s Ex
pectorant, which always relievesa cough or tightness of
thecheat or throat, or the difficulty offbrcathing. Try
it. To be had at the Pekin Tea Store, 39 Fifth street.
• ja3l J- ■..
23* Consumersof wines are invited to read In another
column the card of Jacob Snider, Jr.’s cheap winestore
67Walnut street, Philadelphia. , . febl4aliy
Another Wonder X
; r 10* This is to certify, that a man came to oy-house in
the fall wf!81J) ; by the name .of Henry. Els, in a very
destitute condition, and was almost totally blind. He
had been a soldierih the British service.; He .was then
taken to one ofthehest Hospitals in Londob.and had
the best treatment that ..London 'could afford, and could
not be restored to sigh4> and was discharged as incura
ble. I had heard souiuchahoutthe Petroleum,! thought
I would uy some of it on this man. ‘I-gct him a small
bottle of the Petroleum Oil. which cured his eyes,well
and sound!in the course of.one month." • '
lam willing to be qualified to the truth, of the above
statement at any time I may be called upon so todoj and
some of mV neighbors can testify to the same.
HUMPHRY JONES:
Caow’s Bottom, Peacer Co., Pa., Oct. 4,1850.
/ fp* For sale by Keyser & McDowell, 140 Wood st,
R. E. Sellers, 57 wood stj D. M. Carry, Allegheny City;
D. A. Elliott, Allegheny; Joseph .Douglass, Allegheny;
B. A. Fahnestock & Co.; also, by the proprietor.
' S. M: KJER,
jo3l Canal Basin;Seventh st., Pittsburgh.
Dr. B> Dißo\re^
SHAKER SA R S APARI LL A,
IN QVABT BOTTLES,
Look H«», nrFHewll
STOP, AND LET US REASON TOGETHER
. Are you aiather, laboring for the' support of a family,.
and sauering from general debility and low spirits, &o
Ihailife almost seems jrbnTdeh, Use Dr.S. D.Howe'a
Shaker Sariaparika.'
Ass yon a Motirsß, suite ring from diseases to which
females' are generally saViecu ase Dr. S; IX, Howe’s
Shaker Sarsaparilla—itwill certainly care yotL
Maleor female,old or youngoux and every family
shottldjiavoilila czuUcnl Family Medicine by Unim.—
Call at’our.Depot, or on : oae of oar Agents, ond gel a
pamphlet, giaus, whetc von will find •
. -FACTS,!.FACTS! FACTS!
■ Thatean be tubslantiaud by thousands tf living triintK
\ Uinthisciiy.andcaiiTUy.viz.l ihaitht '
- BHAE&R SARSAPARILLA’,
i As prepared by DxijSvD, HOWE, has been the means
! of permanently curing more diseases to.•which the hu
i man family are continually subject, than pre
paration of Sarsaparilla ever.ycc'broughi before the
public..'• ■ •. < ••V'-v-; /v., -
. The purity and efficacy of the Shaker preparation is
wcll-knovrn,and requires no longhstof certificates and
cures tointxoduceu; its increased demand for the past
iwrfve,years, i&;itsbesirecommenaationf : *
-ig/R;.*' 'ft";?-"’'”
cw- torkv itoapahire/iui d tiio
Eastern States generally,*?; its nbraeroaßainf welt ai
fh *fl a - n ?wi^wcomjneridatlbn'aiidap^ ;
provai or thefirstphyslcians, who now use it in tlieir
private practice. • : • /, n - • - “ '
. Tbisistht&dS Sarsaparilla that etas ih ttie'Liver, K&'
rugs ana Bloody at the same time, tchich tenders it dltozelkm'
-town valuableonifporticuforly Females. ’
. pr.Musslyyßtofessor in theOkio Medical.
arefr valuabley andrec^rnnenSs,
-Pom^nsi^:*;
... Bmembery tt u warranted fo be purely and entirely
Vegetable and as & Female and Family medicine ithas
noequal. • .-•••
„ i>> ««•« you enquire jar Dr. 8. H. Horn's SkaJccr
Sarsaparilla.
Price SI per botlle, and six bottles for SS.
I)r.S:O.HOWKtCO.,
mS?be a/drelsed! 111 ’ Cincinnilli > ,0
For sale by oar Agents,
• J. Scnoo?ot4KCT * Co;, R. W. Mkiiq, A*. Bile* Jopt
Alouler,J. M. Townsesto, William Jackso.n ancf J; A
Jora, PitWbarch? D. A.’ Elliott, AUegSnyT >vl r!
McClelland, Manchester, P.- Csooiek,’ Brownsville •
.ttndDruggtstA rencrallye Also,by HoWfifc.CO.. F&
prietors, No. 1 College HalKCirieinnatLOiuo. [oct2t
Associated Firemen's Insurance Comps
- ny of the city of PUtobargli. 1
V. ; CAPITAL, 0300,000. ■
J. K. MOOHEHEAI), Piei’t—W. 'W. DALLAS, Sec’y
&o7Sa inSDre «
OJice in IXonongakda SotuSy Nos.l»l and 125 Water si
■■■- &IB£CT0BS: ‘
■J* Ki Mooreheaaj Rbdy Patterton,Wm. A. Hill; R if
Hartley, R. B. Srniwon, Joshua Rhodes, Wm.M. Edrar
Edward Gregg, A. f'cA^ntz.ATnuDSu.'ngwool^lc:
Sawyer,Chas. hent.AVra. Gorman. ■ augliily
LIFE INSURANCE
tD" THtf National Loan Fund Life Aseur
aaee Company 0/ tendon and K e a Ycri, are now ia.
king Risks on the lives of persons between the ages of
IS and 60 years, at the Banking House of
- ««P“, TO. A. HILL & CO.
ENCOURAGE HOME INSTITUTIONS:
CITIZENS’INSBRANCB CODIPAST,
OF PITTSBtfB OH, '
C ffUSSEY.Prest. ‘ •—-™A. W. MARKB. Sec 7 y
. , P#fce— No. 41 Water sU,in Warehouse qfC.H. Grant,
C 7* t Ttes Company is now prepared to insure all kinds
or risks, on Houses, Manufactories, Goods, Merchan
dize in Store, and ih:TransitaWessels, Ac.
An ample guaranty for the ability and integrity of the
Institution, is afforded in the character of the Directors,
who are a!I citizens of Pittsburgh, walland favorably
known to the community fortheir prudence, intelligence
and integrity. ,
Bn&cross—C. G. nassey,:Wm. Baga’ey, Wm.* Lari :
mor, Jr., Waller.Br yam, HugliD. King, Edward Heaiei
,odvZ. Kinsey, S. Harbaagh>S.M. Kier. marl2:tl
TlO the Honorable iho; Judges ofdho'Court of General
of ° { U ' e PeaC6 >“’ aod for the Counts
-The petition of Donald Ross, of the Sth Ward, citv
of Pittsburgh, in tteCounty aforesaid, humbly shewetb
That your petitioner hath providedherself with materials
for the accomrapdaUon of travelers-and Where at hi.
dwelling house m the Ward aroresaidi Md pray” thi!
your Honors will be pleased to grant him a Ucense to
tecp a public house of entertainment.. And your p'eti
uoner, as m duty, bound,; will pray. • . ■ ”■ ■
We, the subscribers, citizens of mnWard^^resaid
do certify that the abovepetitioner is of good repute Yor
honosty and iemperance.nnd is well provided with hoi -»
Sates*! 3 fc?° plielly '
fl©w©’g€®iigl& CaißdT.
Xj , O R SALE by H. Smyser, Joel IMahler, Ogden k
Jp Snowden, Coulter ic Haoke,‘ Wm. jhSr«on and
?he y .mr & iW. R. M’CMh£d“’Mat£
ih UQDnm “»uif |Sr DTO fofme’chahgiig of
i , e “ org?ey,hair to a beamifolbrown or jet
black coloraaa few minutes. Price 50 cents andSl.GO.
, Sold by W. JACKSON,24O Liberty street, Pitisboreh,
head of wood.; • (dec^O
' Wanted,
A GOOD PEDDLING WAGON. Applyat thisof-
JIX fico. , • : jaXB
A Scientific Hair Tonle Beitorer r
A ND BEAOTIFXER. Trial battles 37} cents. Those
jti, : who have hied Joues’ Coral Hair Restorative knew,
us excellent qualities—those who have noti we assure.
it urpqssess to© following qualities. It will force the.
hairiq grow.on any part where nature intended heir to
grow, stop it falling ofl, core scarfor dandruff, and make
fight, dark. For dressing the hair
soft and aothing can exceea this—it makes it
•trulwbeautiftit and; keeps it so., vlt i9,inaeedi the most
economical* vet sapenor article for the bmr.
'" Sold only at \VM. JACKSONStore, 240 Liberty st_
head of Wood, Pittsburg. Price 37*cems, 60 cents w*
*l,OO. - V (d«*o
TheTeatliey sell at 53 cents a pound, jSreaify
very good, and those sold at 75 cents and $l,OO are
cioas. Low priced, damaged or tnionor Tons oro never•
kept at this establishment, and they retail all their Teal
direct from the original chests, having proved that Tea'
will not keep in small packages. - The metallic wrap.;
>ers thejrare pntnp inis asporosas atody’sveil,whiobr:
>y holding np to the light you will sCe. (febll ; .
A Small Farm for Sale, • ;
OF 40 acres,'S3 af whicbia übaer fence and in a high
suite of cnltivaliou, two fine springs and a well of.
good water at the house {large garden paled in; a
orchard of .good fruit, cider mul and ’press; dwelling:,
house, with sitchen and cellar j largo Uousev three iroomr-.
anu gat ret, stable, bam, cow shea, &c. ,The land is” :.
good and in prime order,- pleasnhtiylsitaatcd thirteen'
miles from thexity, dnd*ne mile from the Canal atJDeet
Creek. JPncsSIOOO, S. CUTHBEaiVGen’i Ag’t, “
• fcpU ■ ys Southfield street, l .
'll $
• rS’ITE Partnershiphorciofore existing under the title of. v
,JL JohnFrtcsul ec, Co., was dissolved on the 14th ult.. a
by nmtna! consent. ■ t : • i;>
All persons having, claims against the late firm will
presentthem to Alexander Irwin for‘payment, who isv *
oathonzed by.tbe old firm to settler the books} and oil"-
those indebted will please.calland settle their accounts ?
with the same, at the old. Office,between’ Second ant •
Thud streets, Pittsburgh, .. • .JOHN FRIESEL,
JAMES NELSON,
ALEX.’It IRVIN. '
IL/r Tho business will hercaftcr be conducted at ibef i
old stand, by the remaining partnets, underthe name ofi-'v
-femat ■ ' jameb nelson & co. if
HIS'POII Ot)*>B -
■ ■QEXtTLEM3BWB:Fimmsnm& STORE, , *
iliTe U 0 ' J?onr^ r Qfihe -
Linen Shirts,
Cotton do .
Pdk Undershirts,
•Linen Collars,- •
Paney Colored Collars,
Fanoy Cravats,
liSS2BomT 7S,OCkB '
Neck Ties, '■>/
: Cravat Buckley . ’ - "
Lamb’s Wool Drawers, *
Option do
Linen,—- - •do ’
Silk v . do
Cotton Half Hosiery,
Lamb’s .Wool Hair Hosiery,
Merino % :dv do •
Country Knit Socks, i
Silk Pocket Handkerchiefs,
Linen ‘’ do ; / do • V
CoUon do - do -I
Lisle Thread Gloves,
Silk- -do do
Woollen * do \
Black-Kid 1 do
White do do
Boys: and ‘Men’s Suspend*
. ers,-. -
W
NOTICE.—-The FOUNDRY- connected with oar
J-S 'Y°. rk3 bavmg been partially destroyed by fire on—
the fifth instant, we give notice that wo are now pre J '
pared to execute orders as usual. Tot Foundry work and
machinery, Distant papers that have mentioned the en-4 *“
tiredestrnction of our Works, will rlease.eorrect. ■' '
■ North fto ffbrfa,Feb>yll:3t t' - . in&r &QQ • '
OMMERC KOF THE PRAlßlKS^or’the Joarnai 1
-of pa 'Santa ‘Fe Trader, dunbg. eight Expeditions
across the Great Wertciri and a residence ot
nearly nine yearsih Northern Mexico, illustrated with -
maps and engravings. By. Josiah vols'
• vol.lßt ot the Lives of, the Queens of Scotland amf ,
Liiglisn Princesses conr-cted wiih'.baregaUttccesaion
of Grealßntain. By Agnes S.rlckland.,- A fewof the
above works just received and for sale by ILCjSTOGK-i'
TON; Bookseller and Stationer, comer of Market and l
Third streets. . * . [fcbU
EOR SALE*—A Lot of Ground. Laving a. front -of 6Gi
feeton Centre Avenue, and running backfee?*
t^ tw ?r.' str^ ts ‘ lho lot is erected-a: iorie' Brick .
Bwelung House; nearly new ahd'well finirfiedr; The 10~
is planted with the best selected Fruit and -ShrabberV
the country can afford- - If application be made soon, the .
property will be sold ata fair price.and terms.- : > t
• Enquire -at the office of -TCM. C. FBIEND, *
‘ - Attorney, Fourth street; -
iebll:tf • • between Wood and Smithfield. - •
Tht Greaißcmedyfor Consumption qftheLungs. : AiTcc-'- '
ttonsof th& I,ivcT x : Asthmaj Bronchitis, Pains or Weak?'
Tl «* 0/ we Breast or Lungs, and other affections ofthi
Breast or.Lungx. * *.*t
BALSAM OP WILD CHERRY is a"
.T? fiaoberbal medicme, composed chiefly ofWnj> ;
andihc geuiainfe IcbiaupHoss (the lattei
imported expressly for this purpose;) .ffie rare medical;
virmea of whiclinre combined by a new chemical
P???* 55 ■*? l “ extractor larjihua.randeringiheVhole
compound me most certain and efficacious remedv ever
discovered for CONSUMPTION OPTHE XunJs -
4NTEHESTING^COHRBSPONIffiNC£^ a U‘
• of'XetuUjOhio. aiiicii/yresbecc*^ l
ableproggist in »!•••
that the.sale of Wistor’sßalsam dCwndCherry iaua-" *■
paTaueled. The demand for.it great that htf can*
were esteemed good iijid fiomo iruy'e ieaipoMrv * ■
' ?hnSo c6,l f Wistor'effidedttt' cf wsdCterrv
r^Thy 1 , aia °3l senoD , 3 , cases.were completely cn£
. HBM.BITARY CONSUMmON! ‘ "
was afflicted with acorly aH.oflhe’worsrfeSe'softhe
™lc? P "a s C ni gll ? S w l^," lt ' Inal '. ns «Tbw r
hon^fp^r,?^} esB, h nd my-friends consideringmyease -V
boDoiess, or aUeasi beyond the reach, of oarobvaieimS -
.skilKudvisedUcuseof BafiSi of?vflSS£J J> -
t *4v - : * -.7 * * * ‘ # # _ ♦. o' i
l nave taken four bottles of themedioinr nriit
consider myself perfectly well. I make this snltmSsmt
m“healih1 S ’ jj
._. y, _ Csiows Pouui Luke co»iojii' .. rr ■
tifili far^ tr r ‘ A fi T.haye^adeep tfoiamissura-
• frnfa afflicted, penmima to giveyoua brief hUm.
Tyof >^ a ?^ lOD V a nd Ue UeMfit s > .
::
■: S!»«S!^se
I!
\
onull.wasagain attackedwithfeveri My oxnemltiS’ US
truly said tbaU was,a living skeleton.,lf&iUlydeter '
l :
end of winch umeT was cured, and have eninS^irS ••
SSSSSssS -
persevere usjl have dohe, apd I have no < ieiS i ura ’- ut •'
Imjwriant'lo tta ,
su|&|if h ;s-4«- f«- ;•
• tFrora tfr.Baker, Spriugiield, coi, Ky ]
«Aw lh » e 7et F ie l°, l was taken-withthe inflamaaffim ’
of the bowels, which T labored nader tor six weekiS - i;
aen lf»a i )nahy. recovered. In the fall Of IB4t ISS &•
attacked with a : seTere.coldr which seated itself niK? f '
my.limga,jajiid forthe space.of three years I wn* ;^hv?
Oaed fcfm’y bed. Itrle?alihiadsof taeinmcTaovf '
ry variety of aid without benefit rand, tints I wCnviCir '<■■■
oloneuaui the winter 0f1845, when I hearddf Dr* WP?- ”■
of.TVtid Cherry,. Air. Wts-
. My friends persaaded me to givo it a trial, thbueh
! had given op all hopes ofrecovury, and haiprepMed
I myself fortbechangaofanothor world. Thronchthfir • :
solicitationslwasindacedio make use of ihe wnnini ! :
U-rtor-s Baham of WtU Chtny. The effcct wll r^S
astonishing. Afieritveyearsof nfllicttonundsufliiri!!/ ‘
and after having spent four or five hundred dollara tn% S >
purpose, unathtfhestnadmost respectable physieW ;
had proved unavailing,! was soon restored to• ;•!
SlS^wiidlife’"' 1 u * B «• »r flr.'wi™
Cherry. Yours, respectfully, -m ifnfSJZUi
Thegennine “wistar’sßdUumof " ••••
a the sSnile of the eignature of Henry Wt& y »? i S 3
Phtlaqelphio, and 11 Sanford Sc Purkrf on n !?n r *,® D > ,'
eutod steel engraved wrapper. No’eaie o ".^^ |
Fo S unt b l/d ?
■SfS&fi oSOaUtundWes’t,
ct na.S*’ ?.* ll3 ' )nr £' l il' 'Vilcoi, Jr, cornerMarket' i
n i?, nl 't BAiFahncsiockd: Co,Pine-' 5
r r°!ics l’jti s b ur jjf, j j jCe iicckhnin, All c-" '
r -
ton, Franklml* B -Bowie, Umontown; H TVcltv 9
S r |f na J°jgfr» S Koubtz, Somerset; Scott & Gllmoref r
■
ntngj;Evans* Co, '
iwayiteshnrgh'; JTFarland A Co, N Callender-'Mc»di ,
villej Barton & Co,Erie; Henry Forker.rMereer:
Kelly* Co,Baller;:aSmifhißeaverf;J.H9iinnnertnA • ’
Warren ; F L .4- C 3 Jonc3, Condersport; P Crooker s
/r.,Brownsvillo. - ,'feblO *
Carpet Bags, • i: l
Life Preservers, ' Vf
Comb sand,Brushes, i-f
Perfomery,' ' p* •
Letter Envelopes;
Bough and Ready Coats' for' k<■.
business men, ' .• U J
FancjrParses,, £ *•-
Buckskin Parses,, V-- [3/
Tobacco Baxes,Fancy, ’ ‘
Hickory Canes,; >"
Whale Bone Caned, 1 r ■■
Fancy Mounted Caues, r '
Ttyig Whips*' ; -
Hnnung Whips, ' I‘
, Lady’s do - ;
H^dledSilvermOttn* 1
, Gents. Covered Whale ?•
, EoneWlups, * ■
Trotting Whips, . . 1".
Pocket Books, „ •
Bank Note Books, [ >
Fancy Sharing Soap,
do Washing do
fine assortment'of Odd >
• FcHows’Kegoiia constantly.
on hand* [febll [