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ItiladtirtitittOiNtlVlßE SS,
••••-i":11:411-k4 40. Y • e, ,
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417 iNlEßllittl i Sfiri24l.;'' -
0 61+4 1 ,41011141144 1 170
•
Meßn tepubllehtel,xptessty ter
CUtOTCyATIO,
Aniteeetihts.e.peitptiti . eitiet4rret hut '
etreil, to **Hitt. State; end, the' Atlantic States,litate
We '4e otytitteikt thelhOtttunetlor Clettfoinli '
Ces/t - "pir cofy,in - troni-wts 6 "rai aid
,
• A u-m r it'tlesettesteleteititedk !Or
`,1••.:,S , -
MLYlk,bo3lPaiXtiktOrOre - 10*010415 •TalifiddrattAla.
•=ll'.44:4'l4i44lllo4:f4Glifailikinopl X,!k.
from Ni.w Torii; 'llarrlitsurt.torriapoail:
enci From 17,4 h FFom Arkansas ;
t'ilaaffr'ina kelt% ;,
liity Police; Olosiog SOeaea iri:4llq Trial of
hoii':;1100,111ritton,:::giOlk-,40a4 of, -Mr: -
folraylf
*loc-.49P 3 0kih. 0. 4 1 : 1[ N.
`'',llkirbii-iPplied to the ,charge of The South;
• i2f,!feieFitifu efie*.diptiiiiittaiio and the South,
with.lhel'ittnioit' , ,rindhativenesti," and..shown
the adoption of
the LecOmptoif COMitititiron 'COngreinf
out tc - -vote' of , ,theyieople of Wtnsas,webid
a,'lttngl!):o l 7
-aura of the t'Ailininiatratfon; single
Werd inaitthatedcaUght against-the President
'Cabinet in :01-,O,f`thi:lll' acts, We
nevi have a' w&a,.. or tW - O, mere to r safto:Tqe
*nth ind"itt fellowers
" - '
The -South boa - :;eilt0. 11 4. 1 :41,r0 fttl o
longer thaelns,Passit, and what.* beeni ts
bourse - torrardelliOlAhtildisirat,,.l44 its
• 3 /t, 0 4 0 °4, 2
- tire' us; hitt,NP - ihare . min` oador fOrgotteqlts
ipudjilAipprolndlonyto aniMeastiie or to any:, Mealier of the.Adifiltitstration;MiCept as they
~14-picompton, Crirotention; ,and
1 . 14
- .7we - - quite "sure- that it hap w is` sailed the
:dmtnistaatton" on -one';ot"moi`e- occasion's
+'f,iithtlahtWal.`AndretiVekieas Wiiwould
seggest.ko•TioirSeuth,-.therefore, to take the
. _*eaP 3 ::94 6fftiy.-04:Oyleerore it attempts to
- _take:tin niont:LOokmours ; raiiierOtt tEun i
Sorintiral phrase; it ; ittemCvoffici`e••
dt the,veritime it denonneed4ne•Pa gas for
4' misailing! the!'•Admittiatrati c V - - it• The
,50U r pk4i447:84040614 eduiStration
for' its action on
in
Witha
4, vindietiTeriest , ' . .iutexareplid; in the columns.
of Tnn.Paras. - , • , •
During'the - past ten or ifteen'yeats, while
the Democracy- of Eit,`,nonalavolnitling Stites,
Werf;isitilieg fqr the rights- of_ ilic;S t entlippi
, •Stittes a - spught ,he 'invaded by a portion. pt
• 4 ,,t4eik* * fellevf:t,eitizene, gle'litarticular friends Of,
- Were-the bitterest,,inemies of the
',Derneeraiytifthe North, and did more to pa
', i' l sl , 4, e titidr, ill:44*d break doWn their !Oda
, Pnce.andt=nunther, then .could be done by ail
thejaCtion - qhf':the North; and - now we find
thin same faciferCeiigageit in:their. voc ation
.
:Pfitntagonizing, the Northern Democracy, and
- --in getting - np: a notional war to embitter and
- : councliq `Of 'the Democratic' party
eiCtin„Aanittry:-; ,„ „ •
Theynuctioriat iar of Northern • fanaticism
,vpoiq rho sip institutions7;oftlie" - South;
thatitho NortheriDemkericyao,, gloriously
aimed httlfp'.,Paasage of the Kansas-Nebraska
eel sld tlie';adeetion ;lir;iionfiXi+n; - ; we
tinderate, to! he -a- war -upori•their nonititu.
tiontil,rlo4l - O,Tioa Staves; at, bathe and •in all
the Teiiitetioa of the Union, without niiile'sta;
(.?lion; or to recover them in • any Territory or
-which thei:lnight 'abscond, without
let; - hindrance,_` or ,dolay-i-Lik short,' that
- • ,Titixiiesiiitt to lie; meddled with, in any way,
rhyttni - one,'Maywhare - , but where it existed ;
and,by thegeople among wberialk - nitsted; and
. had noltnowledge'ef. asp other « peculiar
or the Boidlithat donld be-raised
individqinid,fo appears now',
li`oWerer, that:the:South-has-other
_cc peculiar
institutions" drat must support, or be read
out of-the" parlY - and 'the :11nyin,f that the
people their- oivki Con- •
stitutioim; unless the Conventions they create
- proper to give gioe them that power I—that-c , th'e
•:reireasatifive," es, .hie. ADAMS once - said,
SIM* not be paralyzed by the will Of 'his
,eonatiMetais ;",that popular sovereignty means
ea irpitiestati've . •
,Another c , peculiar; :instithilott , ; of the
_ 'South appears to he itfilibustertng,'! and this
` • Vre'are calledmpento Protect; and not Only to
ontfof -the Democratic party all who op
.. 'pima it, but actually to.diamiss from the navy
all the gallant officers who interfere with their
piratical desikek -
What,_other "peculiar, institution of the
South"- we,ivill neat be ealled'on to:defend or
support, it falktdikdeterinine;bilt no doubt
11f:? Pavoa and his folloWers will if nd'pome; as
4`"; goon, as the 4conaptonfinndpid The IF.,tracen.
pira - ey shall beiettled. ;,•
liiroWinild'advise. The South to look through
~,
the records of ,Ckingressional debate. aid. see
what the old ahlialry"• of, the. South . said
sheet the - right of - the. people to' make: 'their
• 4ownSfoi er rinient; lilt has not'time•Or taste
for this;,May. do' it at our leisure. It is
l'ioaraluarter zeiditrv-4 long Period in
,ths, history, of our Government any
,17eariiiisit`on; crop amendment 'to any
tiOnetibition; :North or South, has: been
, sidoptedwithout having first been submitted
to the peopier for their - approval, Arlonisas
Was tholaat.' - and all '.thei Stales that
harp come facrthe, Unton,eince then have so
aubmitteCtheir, Constitutions; and we have
; never heard of any of the old States amenil.
'•".:lng•kbeir-.Constitutions '(and several, Merit
end . South, lave done so)
, without subm`
_lt
40iusisch - antendments to a vote of the
peoPle: Ali the precedenta that. are
. • ', . rip ineupport of the absolutism of Converftions
' 'art taken from a-period Prerioini to thin time,
time,
, . ,ond lona to he less and less friiquent
as :they ; coffee dowkio, ie right
of the people to make their own Goveiminentit,
and to heivelbem carried On accordinti; to their
'whaling; has is grown 'with- our , thrcswih and
strengthened with our strength," arid !tie now
top letifterfhive - thiriSatotion of ,'popular So
vereignty of hisliishe.; ' , Should t'eoy bo shorn
by the adoption of the: Ledonfr a don Constitu
' tiOn Uy,fongross, they will rnomgrow again,
- And he eruah all his foes beneath- his
re
turning ,
strength,
, And why should Tin Panes assail the Ad
aninlattntion- of Ifarsi/Spenig4.*....,ho whom
'•••," to elevate to' the - poeition-he:'-how • holds,- Lea
heerifhiVionstatif - thotight, the :ardent hope,
and the untiring exertion of the whole life of
its editor—his.every act by diy,and his every.
dreanitinight, in boyhood and in manineed—
' "Why , Should he assail - ,thiir,Adininistratiank,
Certainly ;for no private gricie, for Tab Pities
:has none; and if its -editor bad any, he,viduld
worn to" ,prostitute its colittene - to Avenge
them. ;Why ,thould„Tun-Piriss assail a Penn=
"•-• sylvanla:Demooratie Administr'ation—anAd-
Ministration that others may .have done more
to tiring into ' newer than-, its, editor, bin,
minainborbd.'arith ni q re 4.44 and untiring
,do.
and nein; in thie , State' or,nut of it,
• e'en feel more true and sincere anxiety and de.,
etre' forits Sacco's. . Or why should,Triz Ppris'
QBeall a National Democratic Administration?
Tlie whole - active l'of- its 'editor has 'been .
devottd and attstain the National
' ' , Democratic party and its principles --its prim.
tiplei >laid' deans in its national platforms,
and Pithlialied'bi'the - werld by' ts great chief.'
tnine,',l,Ohntson; ,/iczaris `Penn, Pian o s , a id; others-rtraf that rfewhare, all its' p.o
history; side's:with more living, light
than when inscribed by the pen. of JAMES Be
. either 'in the , counells`Of the nation
;or In the eoiiits of t h e greatest empires Of. the
world; and-to, the anceese Of villa great party,
, and these great principles; we have sworn, ripen
'the altar of our country to. devote the beat
'Ateilicee';af ail that remains to , ts of life.; Can
.-• ;The South dna 'ita'aditer eay-a's Inueir
llson*arafr. and
his'Admieletrallon a trim and hearty suppott
in all : their. Measures; save 'one—and on that
'due it io spelienTrOm high and sacred con
'riot:lona Of.'dokKthat rise "far, above' all-per,
ional cerudderatlens;',e'r ties, •or:ii6l:ooB. in
•P etipport of Dila twineiple r -the
,of the
t t ople to' Mahe their owtkOnvennzient, despite
'!''7•'4.li trick,' or •force,i:te - franda-ifit unfortunate
differ-:*4.4S:o!`Addiinietratien
and the SoPkb,;,", hate, c'eneolitionke know
' , that we aro supped 64 14 inn oicirrylieliailng
majority of the Democracy of the North, and the
i East and West—Of that Democracy that has
'Ter tinkkoftog t si l l p . orthon An . 4. §Qutlora
MEIN
emeeratic Admintstratiolia, and sit Snuthern
Measures, when they wei64l4,,hufr4o.:o!'n
not givo their support to,tile eine nor the Other
when they are wrong.
nummiiis Posvi* Attv.ril'iiii47/4404114
NE* YORK ,
Ono of our corps, seized with what Horatio
Falls w a truant disposition," lately visited the
EMPire oio.i• Being - extmmely discreet and
steady; AgicOnos hiaiPaliing and responsi
bilities, he escheyo_d all society, except that of
the gravest and most solid businelia-men: Ho
prosecuted an inquiry, or rather a aeries of In
!pities, among these - Peiions. He laid him
loll out, with questioning tongue and listening
.ears, to_ obtain information. -.Naturally of a
most taciturn nature, ho did great violence to
his feelings by speaking at all, but the results
he desired to arrive at could be obtained only
in conversation, so, like . another QUINTUS
,Ou a rius, ho threw himself into the gulf, and
asked all manner and no end. of .questions.
His tlonchisions, or ratherthe various con
clusions of the New York people, amount to
What followa
That - anplendid harvest covering the fields,.
where it did 'dot MI 'the 'granaries of the
West, the .can se whish made first the
Pressure, then the Panic, and lastly the Banks'
Suspension. • - . •
TitaC if' was fortunate these evils occurred,
in tine -6idtir'ati above, or not an ounce of gold
would have been left in the vaults of the Bank
'Of England.
That the almost shmiltaneous Monetary
crilties into which EuroPe, and particularly
-England, fell, soon after the Ainerican
break-up, clearly evidenced the existence of
a- deep • conspiracy, on the part, of Europe,
and, especially of- -England, to prevent the
drain of specie to - this country.
'That the Bank'of England, by finally raising
Ita rate dhatintalti ten per cent., did a
great deal to kimp'the gold in - Europe; ,
plat the failures ar B . rif* across
Op ;Tit 326b,000,00%
were only part atad r :patyil , ,aof:the , same dtiep
plot.
That John Bull was Very
,foolish' to send an
initnensd,stipPly of , mainfachirei and produce
tothia couPtiy,lciten was glutted
with thorn, 'and, if iloidid not got :Oash'or value
foithea; could fairly him:notion() but himself,
tad, really having thus put into, a
: lottery, was
extremely foolish -and ill-bred for grumbling at
not having drawn a prize.
That the Western people were remakably
snSdit in running up such tremendously large
acepOla*ithibe EasternS tites, the dealers of
whieh;;Anolaz, in despair than hope, now sin
cerely Wishlhat they €. may get it."
That some gieat change :must take place in
the cash orcredit : systein, or in both.
Thateatt4iWers should get good discounts,
and that credit-seekers should have very short
credit, mid that not without some evidence
thatjholviere willing and able to pay.
that the Broadway storekeepera--with the
exception of _Walbstreet bill-shavers and
commercial lawyers—wero almost the only
persons who actnally profited by the panic,
hncing,'at'an "early stage of the Crisis, covered
their wlndowswith great placards to the effect
'that. they were "giving their goods away "
irhich they did; no doubt, If that means sell
ing them, nominally' at reduced prices, but
ientally at an advance on the usual prices.
TAM. the wisest possible action was the sus
pension of speck, payments.
That the Banks deserved to lose their Char
ters
for-having ceased to give gold for their
notes. • • -
That the, public ought to exult in there now
being more gold held by the Banks than they
ever before possessed; cr within the memory
..thd oldest inhabitant.".
'That , the Banks, with heaps of gold on
hand :which.' they, eannot ptofltably emplOy,
.iescrable' the respoptable gentleman who won
an olephiMl in a rape, and was greatly puzzled
what to ticiw.!th his prize.
That there 'will be nothing like a fair and
promising resumption of business until the
Fall, at the' earliest:
That business will. be extremely lively and
thriving before the end of February, on which
every individual needs only "go in and win."
These fire .the principal opinions afloat in
Preiv York busines's-circles and our taciturn
coadjutor, who So faithfully collected and re
ports them, can only say, for himself, as he
Corrode ct the prof,"o that they , are slightly
conflicting.
'We have - had the gratification of receiving
a letter, dated the loth inst., froixt' our distin
guished fellow-citizen. Mr. FORREST writes
good spirits ; declares that the worst of his
is over, that he mends daily, and
shortly expects to return , homewards, and'
that he is under the deepeSt obligation to his
friends, (at Cleveland, Ohio,) who have been
unwearied in their kind attentions, and re
lieved the severity, of his sufferings by warm
sympathy and lc the best of nursing."
PREPARATIONS OW SPRING TRADE
Ainong - tini most cheering evidences of an active
Spring'trade are the vigorous efforts that are nr
being put radii by many of our commercial buses
to prepare themselves for it.
Indeed, since the dust and smoke of the financial
storm that hoe just passed over the business world
have been in a measure cleared away by the gradual
restoration cf confidence, the field seems to bo all
, the fairer forthose houses that were enabled to out
ride the angry waves of the revulsion. The usual,
if not an unusual number of changes, have been
made among our business firms, and which, as wo
have tensor, to bollovo, will, in not afow instance;
tend to give additional strength and vigor to the
parties making them. The removals among our
ficerchantii, though , perhaps lees numerous, wo are
pleased to find aro'utually 'of a Character indica
tingtnereased
,enterprise, rather than a disposition
to curtail or contract.
As en Instance corroborative of this, it is but
rendering duo justice to enterprise to mention the
removal offifeartra. Burnt, WI r.tuu s, ic Co., which
will be found announced in another column of Tne
PRESS.' This, thin has long ranked among the
first staple dry-goods jobbing houses in this city,
although the business of the establishment has
heretofore been conducted in quarters entirely too
limited for the demands of convenience. Unlike
the experience of most business firms, the panic
(from the peculiar condition of their business ar
rangements) served to strengthen rather than
weaken their resources. , This result is mainly due
to their- tam and eapaitity for cash operations.
Their removal now to the large and commodious
"iron front" in Market street, above Fifth, may
in on; sense be said to be taking the initiative of
our staple dry-goods houses in point of palatial
business rdifiaos. When this splendid structure
was completed, a short time sines, ready for its
fifq•'ocptipants—Mesars. llosmvs, Iltusnum,,
Cb.--it Coiled the. highest 01100MIUM3 from the
prole of our ;IV, not only upon the symmetry of
its architectural beauty, but upon the judgment
and taste displayed in ite internal construotion
and adaptation to secure the greatest possible ad-
Ventage as tauslnoss mart.
. The braiding 19 flue-story, with an unbroken
width of thirty-three and a half feet, and extend
ing through to Commerce atrcet,a distance of two
;hundred and eight feet: Tire immense sky-lights,
*hob twenty feet by ten. perforate this vast pile
- of store-rooms from the roof to the' basement
floor; the sab=cellar being lit from the roar of the
building. As may readily be infarrod, the moans
afforded for displaying a stook of goods to fine
advantage in the apartments of such an edifice
are very suporiirr; and the view presented when
those great halls of merchandise are thronged
With buyers, and the various fabrics are under
going sundry revolutions in the bands of atten
true clerks, will ho a speataele at onoo worthy of
the business enterprise of Philadelphia, and com
plimentary to the sagaoloin industry of this pros
perous firm.
Although characterized. as , a "staple" house,
Messrs. Swine, Wit,trams, dr Co. purpose dealing
extensively in goods of a. floor class, such as aro
usually confined to silk houses, orhich, if carried
out his they now design; will give the establishment
a character peculiarly fits own, and will doubtless
be attended with advamtageous:results. Too much
encouragement cannot be given to that kind of
n3oreantile,go-aheadadiveness that only aspires to
expansion in proportion to its accumulated
means; and the ability and courage which
this film has evinced, at a thus when we are just
emerging from a orisisso well calculated todammin
the ardor of business. Man, speak well for their
judicious management amid perilous times.
When 'we visited thin esthiblishment on Saturday,
the various apartments presented respectably
filled, though not pletlitorio, appoaranoo. In the
auti-eallar we were, 'Mourn upwards of three hun
dred pitokages of unopened goods, whloh, with the
great supply
of spring goods now in course of pur
chasing, will no doUbt contribute towards flanking
this new dry-gootbi emliDiiute a point of special at
traotion to the monde ants who will soon visit us
from South and West. Thus, year by year, our
abilities to afford boyars the best marital in
this county are on thq increase, the wincing of cer
tain neighborly k boasters to the contrary nolwith
entitling: ,
We oniitted - to state ithat the; front portion Of nil
the upper rooms ot . this splendid store-bonito are
ocenined by Altisbni. IVI3 EON t CO.; in conducting
the boot and shoe trade, in which branch of busi
ness they constitute a, first-clans hones, and com
mand a large share ei-trade trout oil pixte of the
gollAtay.
EDWIN FORREAT, Eag
PRESS.4I4IIiADELPMA, riItTSDAY, iliMaitir 19, 1858,
FROM FLARIIIiSOURGs;
;clet:respondeisoo oflhe Pros.)
,•
'''ffrifinmarruo, January 111-1 I . M.
The:LogislatuFe, to-day passed 'finally the bill
apprCpriating Slti k ooo for, purchanstof a house
for `the Governor, and Mr,' Pollook , already
signed it, so it is now a law. 'The building which
is to be bought is a noat three-atory brick, adjoin
ing the Episcopal Church, on Front street, and
occupied by Col. James Worrell.
In joint convention, Henry S. Magraw was elect
ed State Treasurer for the third term. There
were onnitundred and twenty-four votes cast in
all, of which Magraw got eighty-fo . ur, Isaac Pen
non, of Potter,:thirty-nino, and one for . J. B. G.
,Babcock. of Bradford. This is a oompliment to
Col. Magraw which was well desorved, as there are
few noon in the 'Homnionwealth who have been so
clear in their of oe," of so much ability, or such
an unwavering DemOorat. He got the entire par
ty voto, and if It had been requisite, I was told by.
several frank Republicans they, too, would have
voted for him.
, General Paoker and his cabinet are all in town
'—the Governor and Secretary at the State Capital
Hotel, and Attorney Goners' Knox at the Jones
Rouse. Governor Packer and his two acoom
plished datightora arrived here at noon on Satur
day, in the North Central train, and in that mug
nificont oar whioh was used in convoying Mr. Ilu
chanan to Washington last March. It has not
boon in use since.
The town is thronged with visitors. Every street
and public place is crowded with citizens and sol
diers. The military display to-morrow will be a
splendid affair, and far ahead Of any preceding in
auguration.
•
Among the distinguished men whom I notice in
town this evening are Col. J. W. Forney, Attorney
General Black. Judge Lewis, Congressmen White,
Gillis, Dimmiok,
• The Committee of Arrangements have reported
the following programme :
1. That 12 o'clock, noon, be the hour fixed for
the inauguration of tho Governor elect, on Tues
day, the 19th inst.
2. That the Committee of the Senate and the
Committee of the House of Representatives will
attend the Governor elect, on Tuesday, the 10th
Inst., titbits lodgings in Harrisburg, and accompany
him to theCapitel, where the members of both
houses are convened; and after the Wading of a
certificate of his election by' the Speaker of the
Senate, the .Speaker ortim Senate—or; In his ab
sence, the Speaker of the House of Represents
tives—shall administer the venal oaths of office to
the Governor elect.
3. That a committee of three members of the
Senate be appointed, and three members of the
House of 'Representatives, if the House shall ap
point sash committee, to wait upon the present
Governor and heads of departments, and accom
pany them to the Capitol. On the arrival of the
pmeasion at the CApitol, the Governor and Go
vernor elect will take their places on the Speak
er's platform, the Speaker of the Senate en the
extreme right, the Governor eleetseated next, then
the present Governor, and, the Speaker of the
House on the extreme left.
4. The Canal Commissioners, members of Con
gress, ex-members of the Legislature, and Judges
of Courts in attendance at the capital, who have
a desire to, witness the inauguration, will be as
signed appropriate places.
C. Prayer will be offered previous to the ad
ministration of the proper oaths of office to the
Governor elect.
6. Tho military who may be in attendance, and
desire to form a part of the procession, will report
themsolros, as early ea possible, to the chairman
of the Joint committee.
7. The procession will leave the lodgings of
the Governor elect precisely at half•past eleven
A. M., and after the inauguration will return to
the same plane.
The inaugural address will be delivered from a
platform in front of the Capitol.
Mr. Charles Seiler is chief marshal, and Major-
General William H. Heim, commander of the
military. tr
PUBLIC ENTERTAINMENTS.
The Eleventh Annualßall of tho French Benevo,
lent Society takes place, to-morrow evening, at the
Musical Fund Hall, We notion it a day in ad
vance, because this is always ono of the most pleas•
ant, select, and agreeable balls of the season. The
Germania Band will supply the music, and Mr.
Jules Martin will officiate as floor-manager. The
price of a gentleman's ticket, which admits two
ladies also, is as low as two dollars. The Fronoh
Benevolent Society is content to do a groat deal
of good without plaoarding or puffing its charity.
We shall be delighted to learn that the attendance
is good, and have no doubt, from the high personal
°balloter of the Committee of Arrangements, that
everything will be dons to increase the comfort
and enjoyment of the company.
DR. S. JAOOIIB'S first lecture on the “Philo
sophy of the Bible," will be given at Sansom
street Hall, on Saturday evening next.
,THE LATEST NEWS
BY TELEGRAPH.
FROM WASHINGTON.
[SPECIAL DESPATCH POE THS ram.'
Waseunarox, January 18, 1858.—The Speaker
hne appointed, as members of the committee to in
vestigate ohargea of corruption in reference to the
passage of_ tha_tarife of_lll.s7,4fas.v . sums
of Ohio , Moon's of Alabama, KUNKEL of Penn
sylvania, Wnianr of Georgia, and IttresacL of
Now York. Mr. DICK of Pennsylvania, has in
troduced iii.tho House of Representatives a bill to
divide the State of Pennsylvania into three judioial
districts. Tho Northern district is to he composed
Of the counties of Erie, Crawford, Moreer,
mango, Warren, Forest, McKean, Elk, Potter,
Clinton, Susquehanna, Bradford, Union, Northum
berland, Columbia, Montour, Lucerne, Lycoming,
and Wyoming. The other districts are to remain
as they are now, exoopt in so far as they aro
affected by the act in framing a now district.
The President has boon called upon to communi
cate to Congress all the information in his pos
session concerning Kansas affairs. Tho answer is
looked for with much interest, as It will no doubt
embrace correspondence between the Administra•
tion and Governor WALKER and Secretary STAN
TON not heretofore before the public, and which
moat have great influence on the existing contro
versy respecting the Leoompton contrivance.
A committee of Investigation has been raised
upon the conduct of the late door-keeper of the
House of Representatives, Captain DATILLNO.
Executive Session of the Senate—Reinforce
talent of the Utah Arai,'
WAsIIIrfOTON, Jan. 18.—The Sonata, in execu
tive session to-day, disposed of nearly all the naval
nominations consequent upon the action of the
Courts of Inquiry. Tho felepostponed for further
consideration will, there is little, if any doubt, bo
also confirmod. P. D. Junin was confirated as Pro
fessor of Spanish at the Military Academy at West
Point.
An order has been issued for additionally rein
forcing the army at Utah by B and K companies,
of the Second Regiment of Dragoons, now at For
Leavenworth, and sixty-four enlisted mon as Coin
pany A. engineer soldiers, with a company of or
;pulsation.
The House Committee on Inections wore las ,
week engaged in the Ohio contested ease, and wil
report as uu early day.
Preparations for the Gubernatorial lawny,
Hannnorm Tan. lB-7 o'clock P. M.—The pre
parations for the inauguration of the Governor
elect, William P. Packer, are progressing, and will
be on an extensive EO/110. A largo number of mili
tary and other citizens hove arrived in town, and
the hotels are densely crowded. The town is in a
perfect whirl of excitement. The military compa
nies already hero aro chiefly from Lancaster, Rea
ding, Lebanon, Cumberland, Dauphin, and other
places. Those from Philadelphia and the Weat'aro
expected to-night. The streets are now resounding
with music , in every direction—some of the best
bands of musicians in the State attending the mili
tary. Tho weather is pleasant, and if it continues
to-morrow, the procession will sindoubtedly be of
an imposing charaoter. A platform has been
erected on the steps of the Capitol, where the inau
gural will be delivered.
Mr. Packer dined to-day with Gov. Pollock.
Attorney General black is in the city. The in
augural of Gov. Packer, it is stated, will not occu
py more than a column and a half, and contain no
specifiti recommendations. Various rumors aro in
circulation as to its treatment of the Kansas ques
tion.
Later from Kansas.
Sr. Louts, Jan. 18, 1858.—A gentleman who ar
rived from Kansas by last night's train stated
that President Calhoun was to commence counting
the returns of the election on the 21st of Decem
ber, on Tuesday last, in the presence of the pre
siding officers of the Legislature and Governor
Denver. As soon as that wee done a messenger
would be despatched to Washington with the vote
and the State Constitution. President Calhoun
would not leave the Territory till after the returns
were made of the election of the 4th of January
for State officers. The result of that election is
still in doubt.
Col. Ilenderson, of Leavenworth, r,' to forcibly
taken from the stage, when a few miles from that
city, by a party of freo•Stato mon, on the 11th
inst., and has not eine° been hoard from
Destructive Fire at Scranton, Pa
SCRANTON, Pa,, Jnn. 18.—A destructive fire is
raging here this evening. It is feared a steam
flour mill, storehouse, hotel, and several dwelling
houses will be destroyed.
IMEMI
CINCINNATI, January 18.—Flour unehangod ;
whiskey 150 and steady; bogs excited, and plenty
of buyers at $5 ; provisions aro unsettled and and
the market is so excited that astound° quotations
cannot be given ; green moats iale higher : 3,500
hogs received within the last forty-eight hours.
Purrsannott, January 18.—Flour extremely dull
at former quotations ; no sales front first hands ;
grain generally unchanged ; raw whiskey 170.
Weather Reports, Monday, January 18,
[Per the IYestern Telegraph Llnoa. Office 311 Cheat-
nut street.]
Therm.
Pittsburgh—Clear 34 degrees abovo
Buffalo—Clear, wind W 29 de.
Toledo, o.—Oloudy ....30 do.
Oleveland—Cloudy 30 do.
Chicago—Clear 0 4 do.
Springfield, Ill.—Clear 30 do.
Fulton Ill.—Clear 12 do.
Janesville, Ky.—Olear. 15 do.
Prairie du Chien—Clear at sunrise—. 4 deg. below.
Dock Island, Ill.—Clear 15 degrees above.
Burlington lowa—Clear 14 do.
St Louis . —Clear 30 do.
Dubuque, lowa—Olear /4 . do.
Fond del ,an, Wis.—Cloudy 10 do.
Cairo, Ill.—Pine weather - 35 do.
Portage City, Wis.—Oloudy 28 do.
Toronto, O. *.—Frosty, little alsow..— do.
Milwaukee—Appearanco of an0w.....22 do
Detroit—Slight snow falling ...... ....32 do.
Montreal—Olegr # de,
TRIRTY-Fir,rß CONGRESS,
teIRST* sgsizoN.
WAssmarow, Jamuiry 18,1818
UNATE.
Mr. SWARD, of Now York, presented a petition
from ninetpeight cilium of Phelps, New York,
praying that some measures be adopted for the
peaceful and gradual extinction of slavery, by
making a compensation for the loss sustained by
the owners, out of the public, treasury. Laid on
the table.
Mr, HarmAx, of lowa, introduced a bill making
a grant of land in lowa, in alternate seotione, to
aid in the construction of railroads in that State.
On motion of Mr. Craitnuen of Michigan, a re.
solution was adopted requesting the Secretary of
War to furnish the Senate with statements, show.
log the number of troops stationed in Kansas Ter.
ritory, for each quarter, from the lot of January,
1855, to the present time.
A bill was passed authorizing certain officers and
men, who wore engaged in the Arctic expedition in
search of Sir John Franklin, to receive tho gold
modals presented them by the British Clovorinuent.
The special order of the day, the consideration
of Kansas affairs, was then taken up.
Mr. Hsu, of Now Hampshire, said he had re:
trained from participating lit the debate heretofore,
because he presumed the publio wore users anxious
to hear from other Senators. rather than learn the
opinions of so humble an individual as himself.
He did not think this discussion or pre
mature. The distinguished Senator from Illinois
(Mr. Douglas) had spoken, and his speech fully me
with the public expectations. He agreed with Mr.
Douglas in opposing the Locompton Constitution,
but not because it was in contravention with - the
principle and policy of the Kansas-Nebraska bill.
Ile opposed it for just an opposite roason—namely,
because he considered it in met conformity with
that act. He regarded it as a part of the original
programme, and as carrying it out in letter and
spirit.
He was inclined to think gist, in the controversy
between Mr. Douglas and the Presidont. the palm
of victory ought to bo awarded to the President.
When the latter undertakes to bring in the Pak_
ral army to fares this obnoxious Constitution
down the throats of the people of Kansas, it is
because ho understands the Kansas-Nebraska act
. . . .
just as welt as If ho was in the osuntry at the tirijo
that measure became a law. Mr. Hole was op ;
posed to the whole thing, from beginning to e*j
was opposed to the tree and its foliage, and now
oppose( to pineking the ripe fruit. He could only
judge t objeet, of the passage of the bill by lb&
natural and inevitable consequences which must
result from such a measure.
That object could be nothing elsa than to break,
down the barrier whigh separated the free territory
from the slave territory, and bring in Kansas Into
the Union as a slave State, legally and peacea
if it could, but to bring it in as a. slave State any
how. Some of the advoontaa of that bill, the BEV
nior Senator from South Carolina inoludedeir
avowed that it was their purpose to extend 'dowry
into Kansas at the time. With regard to the pro
ceedings in Kansas under the Nebraska bill, the
elections wore carried, not by a mob from Mis
souri, but by an invading army, who went overtli
lino with drum and fife, and banners flying, and
carried everything their own way, and returned
across the river openly avowing they Joni con.
(inured the Territory,
Thus matters went on, in this kind of "perfect
freedom" and "popular sovereignty," and at
length the Convention assembled to form a Cello*
tution for the future State of Kareas, and what'did
they do? They adopted the very best plan whieh
could be desired to make Kansas a slave State.
Peoplewore very graciously permitted to vote far
the Constitution with slavery, or for the Constitu
tution without slavery; but it was a somewhat
singular fact, sad might perhaps go far to explain
the vote on the Constitution, that the Constitution
without slavery was a more stringent pro-A: -
very instrument than the Constitution with
slavery. If the Constitution was adopted With
slavery, there were means proxided, at some future
period, by which lhe slaves might be emancipated,
but the adoption of the Constitution without
slavery made slavery perpetual.
It has been said that thus matter was in thohands
of the people, who could at any time change their
Constitution and abolish slavery if they BIM ft, but
ho contended that they had no such power. He had'
heard a groat deal about popular sovereignty; but
thought there were two kinds—one genuine, the
other spurious.- The kind of popular sovereignty
which it was now proposed to establish in Kansas'
was not the genuine article, and be would mention
two or three eases of what ho regarded as reltr
popular sovereignty.
On the 17th of January, 1775, eighteen months
previous to the Declaration of Independence, the
people of the State of New Hampshire cause to
gether, and, ignoring the King and Parliament of
Groat Britain altogether, adopted a written Coffin
tution embodying the great principles of civil li
berty. That was genuine popular sovereignty.
Next, the Declaration of Independence, by which
our fathers declared that henceforth they would
regard the people of I:eglantine "enemies in war;
in peace as friends," was another example of go
, num° popular sovereignty. But there was stilt
another instance, and ono in the history of England,
which he hod ever regarded with profound adult
ration. That was when the House of Commons,
I Ignorin the Notice of Lords as an useless append
ago to the Government, and ignoring, also, the old
doctrine of legal sovereignty, determined to bring
King Charles the First before their tribunal and
try him as a criminal. They did bring King
Charles before their tribunal, and found him guilty
of high crimes against the State, and for than
crimes his head was severed from his body. This
event had oast a shadow over the crowned beads of
. . .
Europe which has over sineo rented on them, and
liberty is to-day safer in England and in this coun
try in consequence of that occurrence
Allusion was made to tho remark of Mr. Brod
erick that Mr. Buchanan and his Cabinet wore to
blame for the excited state of KtlllB/1.9. Ile dis
tented from that opinion. He thought neither the
present Executive, nor his predeees , or, was the
man to guide and control public events, but thot
were vanes, sot in high placca tfi show the direct
tion of public senthuont, Mr. Irelo read an all
street froin ono of Mr. iluoilatpapem Artßor 06.4010;
isis - ueetwietr — that "all Christendom , is
leagued against the South on this question of dts
niestio slavery ' " Of course, then, remarked Mr,
Hale, the South can have no Milos. except thesis
out of Christendom. [Laughter.] But what does
Mr. Buchanan say in the next Fontenot:: "They
have no allies to sustain their constitutfonal rightv
except the 'Democracy of the North.'" There're,
a fight for you! All Christendom on one side, and'
Democracy on the other. [ffearty outbursts o 4
laugh tcr.l
Mr. BALI: proposed speaking on the subject o
the Dred Scott decision, but before entering upon ~,
this branch of his remarks, at the suggestion fof
Mr. Soward, ha gavo way for a motion, which pre
vailed, to prooood to the consideration of exoott
tire business.
Tho Senate afterward adjourned.
ROUSE OF REPRESENTATIVES.
The Speaker announced the following special
committee, appointed to investigate the charge,
against members or officers of the House,
growing out of the expoaditures by the Middlesex
ManufecturingOoinpany, in relation to the tariff of
1856: Messrs. Stanton, of Ohio; Moore, .of Ala.
barna ; Kunkel, of Pennsylvania; Wright, of
Georgia. and Russell, of Now York.
A largo number of bills woro Introduced end
referred. Among them were the following :
Mr. TAYLOR, of N. Y., to promote the progress
of the useful arts, and regulato the granting of
patents for inventions.
Mr. KELLEY, et' Now York, a bill scouring
homesteads for actual nitlors on the public do
main.
Mr BENNETT, of New York, a bill to establish a
railroad and telegraph line to the Pacific, fur
postal and military purposes.
Mr. FLORENCE, of Pennsylvania, a bill for the
ascertainment and settlement of the chilies for
French spoliations.
Mr. Memos, of Pennsylvania, a bill establish
in an international copyright.
Mr. Gnoiy, of Pennsylvania, a bill to prevent
the futere sales of public lands by proclamation
of the United States until the same shall have
been surveyed at least liftoen years.
Mr. LETCIII:It, of Virginia, a bill establishing
branch mint in tho city of New York. Referred to
the Committee of Ways and Means.
On motion of Mr. Rem, of riouth Caroline, a re
solution was adopted calling on the President to
communicate copies of all correspondence between
the tioveininonts of the United States and France,
on the subject of the abolition of privateoring and
the exemption of private property from captuie on
the high sons.
Mr. Downers., of A . 111)111113, presented a bill for
the repeal of fishing butiotie..
Mr. Conn, of Alaburna. presented a bill granting
to Alabama, and other States having unsold lands
theroin, those which have been in the market for
thirty years and upward'.
Mr. QUIT3fAN, of Miesivsippi, a bill to repeal cer
tain sections of the neutrality lima Referred to
tho Judiciary Committee.
Mr. ZOLLICOPPaIt, of Tennessee, offered a rest)•
lution instructing the Committee on the Judie ary
to inquiro into the expediency of reporting a bill
to rogulato or restrain the immigration or im
portation of foreign paupers and criminelsinto the
United States. Adopted—Yeas 137, nays 38.
A resolution was adopted providing for the lip
pointruont of a select committoo of five to inquiro
into the accounts and official conduct of the tato
doorkeeper of the House, with powor to send for
persons and pipers.
Mr. CAMPIIHI.L, of Ohio, asked leave to offer
resolution authorizing the President to negotiate,
through the State Department, for the acquisition
of Canada, Nova Scotia, and other ports of British
North America ; also, Cuba and other islands ad•
Mcent thereto, end annexing them to the United
ates. In the event of any snob acquisition being
made, no portion shall be admitted into the Union
till it has a sufficient population to send ono mem-
Ler to the House of Representatives, or until the
bona fide residents shall have an opportunity of
voting on the Constitution, and reguhting their
domestic institutions in their own way, subject
only to the Constitution of the United States.
Tho introduction of the resolution was agreed to.
Mr. GIODINOS, of Ohio, asked leave to offer a
long preamble and rosolution setting forth "human
rights," as embodied in the Declaration of Inde
pendence, and declaring that the Supremo Court, in
the Dred Scott decision, had unjustly finale,' ill,'
learning, intelligence, and Christianity of the dis-
tinguished revolutionary patriots who signed that
document, and brought dicoredit on the judiciary
of the United States.
Mr. Manta, of Illinois, objected to this means
of obtaining the right of an hour's speech, under
the guise of a joint resolution.
Mr. BOCOCK, of Virginia, wanted to know
whether the hour rule applied in this case.
"Laughter.'
Objections wore made to the introduction of the
resolution.
!pr. H. Mxitsnam,, of Kentucky, asked, but failed
to obtain leave to offer a resolution proposing an
amendment to the Constitution of tholJnitodEtates,
by providing that only native-born citizens, and
those naturalized according to the general natu
ralization law, shall be deemed qualified oleotors
under tho Constitution.
so Mr. SMITH, of Illinois, introduced a bill to ap
portion the clerks and messengers of the sevoral
Executive Departments among the States and
Torritrie', and moved its reference to a spooks(
committee.
Mr. Iforsrox, of Alabama, wished to know
whether thorn wore members enough to make any
more special committees.
Mr. SMITH. Wo'll try to find some. [Laughter.]
Mr. JONES, of Tennessee, said It was a proposi•
lion to change the power of appointment as pros
vided for by limo Constitution, and distribute the
spoils among the members of Congross. lie moved'
to lay tho bill on the table.
Pending which, the House adjourned.
The America at Boston
Bowrox, Jan. 18.—'rho stoatnnhip America, from
Livbrpool, via Halifax, arrived bare at hyoid} ,
minutes after eight o'clock, this morning. liar
mails will be despatched by the attertiooif Arain,
and bo duo at Philadelphia at noon, on Tuesddy.
PENNSYLVANIA LEGISLATURE.
Purchase of au Executive 111ausiou—Electtott
'of State Treasurer.
tfenmsnurta, January 18
SENATE.
Mr. MILL Introduoed &bill for the repeal of the
cot of, last session, authorising the stockholders of
the West Chester and Philadelphia Railroad to
make payments on their mortgages. Considered
and passed.
Mr. Wtnnins introduced a supplement to the act
of 1853, relative to the sale and conveyance of real
estate.
The bill to incorporate tho Trout Run Coal and
Iron Company was considored and passed.
Tho bill to incorporate tho Supremo G rand Coun
cil of the Independent Bons of Malta was passed on
socond rending, but was lost on its final passage by
a voto of yeas 13, nays 14.
Pending a motion to reconsider the above vote,
the bill for the purohnse of an executive mansion
WWI returned as passed by the Douse. The amend
ments made by the Mono Ivor° concurred in; and
the act only requires the signature of tho Governor
to become a law.
The Senate then mot the House in Joint conven
tion for the election of State Treasurer, and on re
turning to their Chamber the Senate adjourned
till 11 o'clock to-morrow morning.
HOUSE OF REPRESENTATUES.
On motion, the House, for the second time, re
considered the vote on the bill to purchase an Ex.-
costive mention. The bill was then put on Its
final passage, and the vote stood yeas 49, nays 38.
The two Houses met In joint Conventienlor the
burpose of electing a State Treasurer. On the first
allot the vote allowed
H. S. Magraw,....
J. H. Benson
J. B. G. Babcock 1
On the result being reported to the House, that
body adjourned till to-morrow months&
THE CITY.
AbIESEBIENTE TIIIB EVENING
Wuntrtan , s ARCH &WIRT THRATRII, ARCH BTRINT,
•ROTR Slx2H.—" Fraud and Its Yistlnut"-,« Sasslt's
Young Ilan.')
NATIONAL TITN/TRN, WALNUT STUNT, INAR EIOHTU
"The Poor of Now York"—"Tho Bailor of Promo."
BABFORD B OPBRA lIOUBB, ELME= BUM, ABM
OffitaTNßT.—Ethloplao Life Illustrated, o:wallah:is with
" Senn Ages of Woman."
Guardians of the Poor.—This body bad
Mated Inv:AIN; yesterday afternoon—Mr. Brown
uthaohtir. Present. Messrs. Armstrong, Cook,
Dunlap,Evans, Falser, Garvin, Campbell, Hackett,
Hartman, lloishley, Roomy, Huhn, Lafferty,
Lloyd, Moseley, 140V0d, Riddle, Robinson, Server,
Smith, Taylor, Brown, Presidont.
The census of the house was en follows :
Total number iu the house on Saturday last.. 2,960
Total number same time last year 2,458
Incises° this year
Increase over any fanner year
REOAPITULATION --Adlllitted during the past
two weeks, 218; births during the past two weeks,
0. deaths during thepast two weeks, 30 ; discharg
ed during the past two weeks, 138; eloped during
the past two weeks, 8.
The number of persona In the various welds was
as follows :
White women's out-door ward, 262; white
women's asylum, 130; white women's obstetrical,
87; white women's nursery, 127; white childroa'e
asylum, 189; white children's hospital, 139; white
lunatio asylum, 282. Total, 1,195.
Colored out-wards, 26; colored obstetrics, 12;
colored nursery, 26; colored hospital, 16. Total,
80.
White moo's out-wards, 903; white men incurn•
blo, 286; whito coon's hospital, 219 ;1 white boy's
ward, ; white boys' lunatic, asylum, NB. Total,
1,626,
Colored men's out-wards, 31; colored mon incura
ble, 12; colored men's hospital, 23. Grand total,
2,069.
Application was made by a Mr. Scott, to have a
little girl bound to him. The girl lo an orphan
and has lived with him for many years. The
Board consented to comply with his request.
A communication was received from S. Lutz, who
completed the roofing of the Rouse, asking the
payment of $5OO on Lis claim for the work. Laid
on the table.
Anothor communication was received from
Messrs. Lippincott, Collin, ,b Co , asking the Beard
.to purchase from them a quantity of sausago
meat. Referred to Mouse Committee.
The Steivard'sreport stateil Olathe had received
$36, and paid the same over to the Treasurer.
Mr. Garvin asked how many lodgers were ac•
commodated with lodging in the Almshouse.
The clerk replied,, that during the past two
months, upwards of nine hundred persons hadbeen
thus, accommodated. Some of these lodgers call
on Saturday, and leave on Monday.
The out-door agent reported that he had col
lected in support and board cases :1-828.10.
Bills wore reported amounting to $11,185.67, and
ordered to be paid.
The monthly report of the visiters of the out
door poor was road. The number sent to the Alms
house, amount paid out, &c., he., from December
17th to January 14th, was a 9 follows : Sent to the
Almshouse, 326; refused, 330; funeral. 15; cash,
$2.888.63; coal, tons, $1,3023; Wood. cords, 8323.1.
Total number receiving out-door relief—white
Americans, .995, black, 421; foreigners, 2,081.
Total number, 3,510; and 8,341 children. Tho
Board then adjourned.
Winter at a Discount.—While many aro
congratulating themselves upon the remarkably
pleasant weather with which they have been re
cently favored, others Interested In the ice busi
ness aro beginning to look serious, and wondering
when winter will commenoo in good earnest.
January has half past away without bring
ing overt sufficient frost to 'lnnen a pink tinge
to female noses. The question as to where
we are to look for a supply of the great summer
staple which is to render the dog-days endurable,
is really difficult to answer. In ordinary seasons,
as trim LIMO /Arms lawstatia ve ,truld dad
paying employment ate °using lee, but as yet, the
Sehuylkill and all itailithuturies aro free from
even chilliness. There is, we think, a considerable
stook still on hand, but that it will be at all ade
quate to the demand may be very much doubted.
It Is feared, too, that elsewhere people are in the
same predicament. We have not aeon a weather
item, In oven our northernmost exchanges, which
,'utters a single complaint about cold.
Thulardware dealers who, usually at this time.
have a run in the skate lino, are also complaining
dot d'ull times. The brightly polished skates,
troopers, hand sleighs, and all the etceturas which
o to make up the essentials of winter, meet with
•as little demand as decayed mackerel or equine
bolognas. The clothing houses aro equally at
f tuft, and offer every variety of the overcoat fa
mily at immense dizeounts without finding pur
chasers. Operators in anthracite are similarly
situated, and are lying back patiently in
hopes of weather in which fuel becomes
of more necessity than as a more medi
um for the cooking of edibles. To many the
present agreeable weather comes most opportune,
and prevents a vast amount of suffering front the
cold. There aro thousands and thousands of poor
families who daily express their heartfelt gratitude
at the mildness of the season ; and while this is the
ease, although we trust that all may be satisfied
we are ready to say with the pool in his address to
Spring :
"Kill old Wintor with thy glorious took,
And turn his emu to dowers."
The Pro s pects of the Ice Harrest.—The ice
deulera are greatly exemised concerning the mild
weather and the consequent probability of there
being no lam We have made inquiry concerning
the c)ndition of the ice houses along the S.huyl
kill, and we learn that, with some rare exceptions,
but little stock remains on hand. Ono large es
tablishment bas about four hundred tons, 1401/10
have five or six. tons each, while others have not a
particle on hand. Thu aggregate stock on hard
will go a very little way toward supplying the de
mand for the summer. Unless the weather should
grow much colder, and continuo so for a time, the
citizens of Philadelphia will be compelled to de
pend upon shipments from the East for their sup
ply of the indispensable commodity.—Etrning
Bulletin.
West Cheater Railroad Company.—The
Court of Common Pleas of this city has appointed
an Auditor to investigate the amount of money in
the hands of the trusteed of this company, and the
amount required to complete the road. It is said
that tho amount in the hands of the trutces is
about $35,000, and that the court has signified a
willingriebs to acquiesce in the application for au
thority to authorize the appropri.ition of this
Money to the construction of the road, when the
auditor reports that a sufficient amount 'to com
plete, it, ( say $35,000 or :$10,000) can ho obtained
on loan.
The Sixth Police Dixtricl.—Tho station
bouts of Ibis district, in Filbert street, abuse Fif
teenth, has boon completely repaired, and is now
the model station-house of the city. Tho cells
have been materially altered, and rendered quite
comfortable comparatively to their former condi
tion. More room has been made in the sleeping
department, and thearrangements of thebuilding
throughout ore admirable. John Eames is Lieu
tenant of this dietriot. He is assisted in the dis
charge of his duties by Sergeants John Smith and
A. E. Thomas.
The late Captain Reynolds—A correspondent
I.4iteethat it WAS General Isaac 1%. Mickle, of
Now Jersey, who is entitled to the credit of getting
up the procession, at the funeral of Captain Rey
nolde, on Sunday, having persenally extended an
invitatbn to every company in attendance, and
that he commanded the whole escort.
Merchants' Fund.—The annual meeting of
the members of the Merchants' Fund will ho held
thin aftethoon, at the Merchants' Exchange. As
much interest le felt in this very laudable institn
tit.a, ivu vrediut a very full attendance on the cc
e asion.
issessinents for 1858.—Real Estate, $lB7,
789,837; Rural Districts, $9,962,315; Furniture
$1,011,619; Horse, and Cows $511.612; Car
rinos, $201 , 618; Personals, $ 23,871.25. 1 Total
$14,41.1,061.
The IV'ormal School.—The semi.annual es
=illation of candidate!' for atimi,sion to this insti
tution will couttnoneu Morality, February 16th.
PHILADELPHIA DIADEM
Mono kr,Jan IB—Evening.—Breadstalft are dull,
but without any change to note under the Ameri.
cue advices, Sales 450 bids good Qttpel flea cold
at '51.75, null KM bids choice Ohio extra family
FIST at $0 per bhl. Tho home trade is moderate,
within the range of 01 70a55.50 and $0 per bid for
common to good extra and fancy family Flour, es
to brand and quality. Corn Neal is held at $3 per
bbl without sales. Rye Flour dull, and some small
sale, have been made at $3.5043 021 por bbl,
width is a decline. Wheats aro in limited supply
nndJflrm d at previous quotations; about 1,800 bu
sol at $1..12a1 18 for red and $1.2541.30 for
white, the latter for prime lots, which only are
waged. Corn is less inquired for and rather dull,
yt aaede for good Pennsylvania anti Southern yel
low in store and in the cure and 04e, afloat. Oats
aro unchanged, with sales of 2,500 bu Penney'.
sylvenia at $3.37141.56 for fair to prime quality
,of Penn'a Ire store. Rye is wanted, and coalman&
70a for Ponn'a; the distillers are buying at this
rate, Sark is in request, and if hero would bring
$2O for first quality. Cotton is firmer, with but
little soiling to-day, at about previous quotations.
drocories are dull and unmated. Provisions are
Nutty°, anti a small business doing at about pre,
viou4quotations. Seeds aro steady, and about 149
bu Cloverseed sold at $.1.7545,25 per bu, the lat
ter for prime Seed. Whiskey is dull at 200 for
drudge, 210 for hhdc, and 21a/11e for bbls.
S t 1.1: or STOCKS AND LOANS, this (wooing, nt the
Xx9hlo tiou nouns a Ewa's atlvertinwonts,
CHARGE OP JUDGE ALLMON,
In the ease ol Thomas Washington Smith, de•
livered yesterday In the Court of Dyer nad
Terminer 2
GIINTLE.IIBN OF titil JURY: After a continuous
regain of two weeks, the ease of the defendant Is
about to he banded over to you for final judg.uent i
as It has been given to you upon the evidence, and
the argument of counsel representing both the
Commonwealth and the defendant. The Common
weal th'e case, no they were required to prove it to
you, is briefly this: On the fourth day of Novem
ber last, about four o'clock in the afternoon,
Richard Carter wag seated In the front parlor of
the St. Lawrence Hotel in this oily, engaged in
eetiversation with a nephew, when the defendant
entered end accosted him ; the deceased then en
tered into a conversation with him,which lasted for a
short time, when they both rose from their seats, and
the defendant, presenting a loaded pistol almost in
contact with the person of Richard Carter, shot him,
discharging the contents of four barrels of his re
volver into his body. The ease thus proved to you
by the testimony of witnesses not in any way Im
peached, or the truth of their statement denied, or
even questioned by the defendant, relieves it from
an embarrassment which often renders difficult the
solution of an issue which Involves the guilt or in
nocence done arraigned upon a charge of murder.
There Is no each embarrassment hero ; tire act is not
only proved, but is openly avowed; the defendant
bad no concealment when be took"the life of the
damaged, neither has be had any concealment
here;
and but for the fact that a defendant charged
with the highest crime known to the lawstan waive
none of his rights, he might as well have dispon ed
with the formal proof submitted to you by the
Commonwealth, and, admitting the fact of the
killing, at once placed himself boldly upon his
defence.
4 The ease of the Commonwealth having been es
tablished by the testimony of the eye-witnesses of
the traneaetion, the defendant says, and ho asks
you by your verdict to say for hie], that be is not
guilty In manner and form as ho stench Indicted.
This denial of his guilt is bared not upon an asser
tion that he did not shoot Manta Carter, and
thereby deprive him of life, but that at the
time of the commission of the act he was an irre
sponsible being; that be was not a free moral
agent, that ho had not such oontrol over the faoul
ties of the mind as to hold him before the law to a
responsibility for hie acts, and, therefore, ho asks
you to eoquit him of the crime of murder.
It has boon ruled, in tunny cases, that the proper
11451 test of criminal responsibility is the power
te - distinguith between right and wrong—to deter
mine whether the act was an offence against law,
human or divine. This definition has been so com
monly accepted, particularly by the Enelieli judges,
no the correct ono, thet it may he reg tided as the
moot general standard by which juries ore directed
to measure the degree of intellect and consiquent
accountability of one charged with the commission
of crime, where the defence is insanity. And yet it
hoe in tunny instances been oither totally repudiat
ed' as in Haddon's case, where Lord Erskine in
duced the court to depart none the old
test, and adopt that for which he then so
strenuously and successfully contended, that insa
nity consisted in the delusive sources of
thought. Instead, therefore, of making that kind
of insanity . which would exempt from punishment,
to consist in the absentia of any of the intellectual
faculties, ho lays down delulton as its true condi
tion of the mind, of which the criminal act must be
its offspring. This test has also ofeon been depart
ed from in the recognition of tho doctrine of moral
insanity, as applicable to the commission °Cerium, ,
whore the note are not done under the influence of I
an insane delusion as to existing facts, or with an
ineapeeity of knowing right from wrong, but where
the moral sentiments are entirely perverted, so
that the defendant being no longer loft to the free
dom of his will, by an irresistible impulse is urged
ono the commission of crime.
The great mistake which Mtn to have been
made in attempting to lay down a rule by which
to settle the question of responsibility for crime,
with the greatest deference to the wisdom of those
who have sought to fix an arbitrary standard for
its measurement, it is suggested, consists in en
deavoring to apply ono rule to a disease as subtle
In itscharaoter and as obscure in its hidden sources
of thought and action as it ie varinnle in the types
and forms which it assumes. If insanity was al
ways the slime; if it were something uniform and
definite in its development; if you could mark
out and define with precision Its properties am'
oharacteristics, then there would seam to bo wis
dom in adjusting a rule which should know of no
variation, by which every one who °fronded against
the law should be decided to be guilty or innocent.
Hut so far is this from being true, that the disease
sometimes takes ono form end sometimes another,
and each rule or test, with perhaps some modifica
tions, is a true criterion of legal responsibility, ac
cording to the form of insanity es ith which a person
charged with crime Li shown to have been affected.
It has been well said that man having tho know
ledge of right and wrong,and in the possession of the
power of choesing the one and refusing the other, is
rightly held to be responsible for his conduct to his
God, his neighbor, and to himself. A man know
ing and capable of discharging his duties to his
Go', to his neighbor, and to himself, is a sane men.
A man who, from any mental (or moral) imperfec
tion or infirmity, is incapable of discharging these
duties, cannot bo considered to he in a state of
mental (or moral) sanity, mind cannot be held re
sponsible to do that which he unable to do."
The words "or moral," I have inserted, which are,
though in a restricted and qualified sense, neces
-1 IT to a proper definition of the degree of insani
ty, by which to settle the question for an insane
defendant of his guilt or innotenee.
The rule, therefore, upon which the C =non
wealth insist,othere there is neither delusion nor
irresistible impulse,)—namely, that if, at the time
of the commisaion of the act, a defendant has suf
floiout capacity to know whether his act is tight
or wrong, and whether it is contrary te the law of
the land, he is criminally respeasible--ie undoubt
edly correct, with this qualification, that he must
have that knowledge and power of di.mrimination
with reference to the act charged against him as a
crime ; for if sane upon other subjects, yet of dis
eased or unsound mind upon the subject connected
with his offence, so that, as to it, be was incapable
of judging whether it was right or wrong. he could
not ha herd accountable. The question, therefore,
which the jury must determine, in every ease in
which insanity is set up as a defence, is not whether
there is a total deprivation of ability to distinguish
between good and evil,thisbeingacondition of mind
that belongs only to idiocy, mid not to insanity, in
the proper seem of the term,
but whether as to
the act which is the subject of investigation before
them, the ilefendant was sane or innate. Upon
many, or, indeed, upon most subjects, the mind
my be entirely sound, and, as to °there, incapa
ble of forming a single correct conclusion ; and it
is not unfrcepiently the ease that upon such subjects
insane preens possess their mental and moral facul
ties, not only undiminished, but in many instances
sharpened and increased, so es to contemplate
subjects in their true and ordinary relations, to
reason correctly, and oven acutely; and correctly
to distinguish fla to many nett,, whether their ten
dency be gold or evil. It therefore follows that
without tine modificetion of the rule, the defence
of insanity could never be successfully (established.
because it cannot be truly said of any illS.lllc per
son, that upon some subjects Le could not
distinguish between good or es il, rind yet on others
his mind might be entirely at sea, affected and
. controlled by every varying shade of thought and
. feeling, and thus impelled to the meet extreme and
inconsistent action.
Mr. Ray, in his work on Medical Jurisprudence,
says, " that the slightest acquaintance with the
insane will convince any one of the truth of this
position. In no school of logic, in no assembly of
the just, can wo listen to eloserand shrewder argu
moututien, to warmer exhortations of duty, to
more glowing de , .wiptions of the beauty of u irtue,
or more iudignent denunciations of evil doing,
than in the hospitals and asylums of the insane
And yet many of these very people make no secret
of entertaining notions utterly subversive of all
moral propriety, and are perhaps only waiting a
favorable opportunity to execute some project of
wild and cruel violence." Cunning soil design are
often manifested by insane pwsms in a high de
gree. The ease of Wiley Williams is an illustra
tion. Ile was an inmate of the Pennsylvania Hos
pital for the insane, and, Whilst there, imbibed a
deadly animo-ity toward the chief resident physi
cian of the institution; he managed to get out by
sealing the wall, provided himself with a rillu, pow
der, and ball, returned to the hospital, and
secreted himself among the branches of a tree,
where he awaited his opportunity, and deliberate
ly tired at the man villein he desisted to destroy.
I afterwards taw him. an inmate of a cell in our
penitentiary, where he was confined for safe keep
ing as it madman, and where, I believe, he subse
quently died. There are many casts referred to
in the books which illustrate this fact. In a note
to Chitty'3 Medical Jurisprudence, bat, is the case
of a lady alleged to be a lunatic, who was exa
mined by a barrister for two hours, with the ap
pearance of excellent Fence, high attainments, and
accomplishment, which denoted her to bo per
fectly competent to take care of herself and her
1 property; but it was suggested to the barrister
that "over since she had passed a certain house,
nine years before, she coast tatty instated that a
pieced' wood wee burning in her throat; when it
was suggested to her, she described the appear.
once of the fire, supposed to be atilt burning, and
stated that if Au put her finzer to the root of her
tongue, the felt that it was scorched.
Upon this question, therefore, you will he called
upon to determine, from the evidence, not only
whether the defendant was generally or totally in
sane, (for, if ouch is your opinion, you need push
the Inquiry no further.) but nhother, at the time
of the eominisdon of the offence, he eras of sound or
unsound mind upon the subject connected with his
criminal ant; and whether, under the influence of
such a diseased state of mind, he shot the deceased.
A largo number of witnesses bravo given their
oplicious to you, based on a knowledge of facts
which the Ism holds lutist in all instances (except
in the cuss of exports) first he givEir to the jury, as
the basis or fountlntion of an opinion, as to whether
a prisoner was s Ina or insane at the time of which
the witnesses speak Tho material question
es to time, for your consideration. is the state
of the mind the defendant upian the after
noon of the 4th of November last, when he
shot Richard Carter. for it is entirely immaterial
to the issue whether the prisoner was or was not
insane before and after the commission of the set,
if the evidence satisfies your mind that the de
fendant, when ho took tho life of the deceased, was
possessed of a sound mind in relation to the not
for which he is now on trial before you. There is
no question more difficult of solution than a dis
puted or questionable case of insanity, and. there
fore, the law allows of a wide range of evidence,
both as to limo and es to the character ct the evi
dence itself, to bo given to the jury to aid them in
their search after the truth of the issue, and where,
at hest, there is generally to much groping in the
dark. To enable u jury, therefore, to feel their
way step by atop. to a correct conclusion, light is
permitted to bo shed upon their path front pinta
of time both prior and subsequent to the event,
and the testimony is important or valueless, as it
affinds you aid in the solution of the problem
which. by your verdict, you must determine.
These opinions to which I have retorted are, in
themselves, no establishing Insanity in the de
fendant ut any Feint of time, to be retied upon or
rejected, es you believe them to be grounded upon
facts and have claim to consideration or otherwise.
according to the honesty, freedom from bias, intel
ligence and means of observation, posressed by the
witnessee, who have expressed such opinions in your
hearing. The propriety of allowing ethers than
experts to testify es to the mental condition of one
no trial has often been gravely questioned; but the
law seems now to be settled in tavor of tho admis
sion of such evidence, and, for myself. I would
Attach greater weight to the judgment of au intel
ligent witness who epanks limn personal observa
tion than I would to that of an expert whose 00111011
is founded on what lie hits heard from others
These opinions, 111 I have raid, are to be tested
solely by the facts, and the intelligence and
credibility of the witnesses, forty-two of whom
have safd that, at diffment 111110 between the Ist
of J u ly, 1837, and the 12th of January. 1838. they
believed the defendant to bo insane; whilst. on
the pout of the Commonwealth, len persons have
expressed a . eontraiy J udgment, several of whom
Km the defendant whilst in the very sot of sheet.
ing the deceased, link MK° described to yon his
appearance, behavior,' aid' conversation at the
time, all of which, in thelt judgment, was eon
sieteut with sanity, and, therefore, they believe,
end' have expressed that
,belief to you, that
Thomas Washington Smith,ishen he shot Richard
Carter, was of sound mind.: This is most impor
tant testimony, and should-be allowed its due
weight, because it beers Upon the precise time at
which you must say whether the defendant was
accountable or not. With this digression, whieh
seemed to be necessary to enable you the better
to answer correctly the several propositions in
volved in this discussion, we come back to the
consideration of the first, which requires you to
settlo what is the proper meaning of the term—a
sound mind.'
Man in the masterpiece of that creative -power,
which [make all things into being, and a voice
which comes down to us from above has said,
:hat he is indeed fearfully and wonderfully made.
This is true, not only of his complicated, delicate,
physical organism, hat to's still greater degree it
It true of that which distinguishes him above all
the creatures of God—his endowment with intellect
or reason, which we are accustomed to designateby
the general term mind.' Mind is possessed of a
number of faculties, which together enable on to
judge of the mental condition of an individual;
and when the brain is in a healthy condition them
faculties operate together so as to produce what is
termed a sound mind ; and, as you shall find from
the evidence, the possession, or a want of posseaten
by the defendant, of those intellectual properties
which are necessary to a proper terstandlog of
the act which he was about to perpetrate,
its consequences, upon the oc;asion when he
deprived Richard Carter of his life, you should
convict or acquit the prisoner. It was ne
cessary that he should 'have been possessed of
perception, memory, and an ability to real n
or form opinions and conclusions. As applicable
to the case under consideration let us see how this
test applies On the fourth day of November last,
about four o'clock in the afternoon, the prisoner
entered the parlor of the St Lawrence hotel,
whore he met the deceased. If at that time the
p swore of his mind had been impaired to such
a degree as to have rendered Lim unable to fix
his attention upon Richard Carter, or to distill.
gaish him from others who were at that time
there. or, if able to recognise and remember
Lim, Lad not memory enough to connect him with
the cause of his trouble, or what ground of corn-
plaint ho bad against him, be would be clearly
wanting in them elements of a sound mind the pos
session of which is essential to a responsibility for
crime. But we must go one step farther: conced
ing to the defendant the possession of those facul
ties upon the occasion referred to, did ho elm pos
sess the ability to reason upon the facts thus grouped
together in his mind? Was he tote to draw correct
deduction 9 front those premises, as connected with
the not perpetrated by him? If, from the evi- ,
demo, you are sati , fied that the defendant un
derstood correctly the relation in which he and
Richard Carter stood to each ether—that he could
reason correctly an to the consequences of his
deed, and knew that for such an act he must
answer to the violated law of the land—that it was
a crime to tyke life under such circumstances ' and
know that the act he was about to jerpetrate
wee u wrongful net, and that he was not laboring
under a. delusion or a coerced will—then It follows
that ho possessed a sound mind as to the crime
charged against him, and to all its legal cense
quences, ho ought to be required to respond, and
from that responsibility no degree of bardehip en
dured by him. no amount of sympathy for his ter
rible and wholly unmerited entering, should Be
allowed to exonerate him at the hands of the jury,
who have sworn to pass upon the question of his
guilt or innocence, according to the evidence, and
to be controlled in their verdict by no other on
eillaration whatever.
The second ground upon which the jury would
be justifiable in rendering a verdict of not guilty is
where life is taken under the influence of a delu
sion, or an hallucination, which, if a reality, would
be a defence to the commission of the act, and
where ono so deluded is not otherwise insane.
This wee ono of the questions which was answered
by the English judges, and the sneerer was sub
stantially as I have stated the principle to be. To
apply it to the present case, the following would
hold true : If, with the defendant, a belief bad
restarted itself upon his mind. which to him had
ee -ems a firm and fixed re tlity, although a pare
delusion, that Richard Carter entertained the de
sign of taking his life upon the first favorable op
portunity, that he had persons employed to watch
his movements. to fallow him as be passed along
the streets, and whilst attending to his business,
seeking to accomplish his and by stealth and strate
gy, and that Carter was himself superintending
these operattons, and was hero directing the move
ments of his emissaries. and that it was absolutely
necessary that he should destroy the life of Carter
in order to save his own life. he would not be guil
ty before the law, and should be acquitted of the
charge laid against him.
If, however, it is sought to excuse the act on the
ground of delusion or monomania upon the one
sobject. you should be satisfied not only that delu
sion existed in - the mind of the prisoner, bat that
the act was connected with the delusive sources of
thought; and that it was of each a character that,
if true, it would be a good and valid defence for
taking the life of a fellow-being. If, however, the
tieluoon extended no further than to a belief of a
design to annoy the defendant, by persons who fol
lowed him in order to keep Carter informed of his
doings, this would not be a good defence, if he was
otherwise sane; for, if a reality, it would not jus
tify the taking of life. A startling illustration of
this proposition occurred but a little more than a
year ago : I refer to the case of the celebrated
Ilugh Milfer, of Scottand, one of the most remarka
ble men of his age, who from an humble laborer in
the stone quarries of his native land, by dint of his
own efforts and a massive intellect but rarely
equalled, rose in the confidence and esteem of his
countrymen, until Chalmers himself designated
him tho greatest Scotehman alive after the death
of Sir Walter Scott. Ile was a man not only of the
strictest integrity, and of the highest attainments
in science, but in his religious principles, in
the exercise of an unwavering faith and trust in
(toil, he was as ffrm as the old rod sand-stones of
his native hills, whose mysteries ho was the first to
unfold to the world. let, this man, from over
much brain work, became subject to the most ter
rible mantel sunring, until reason abandoned her
throne. and this great light of scienee went out for
ever. 110 became impressed with the belief that
ho would be attached on the highway, and that his
museum, the labor of a lifeetime, was exposed to
the assaults of burglars. Under this impression he
arum I himself for defence. At night, impressed
with the belief that his museum had been attacked
by robbers, he would arm himself with hie
pis'ol, and rush to its defence. Now, sup
posing that upon any one of these occa
sions he bad encountered some member of his
own family, and believing him to be one of the
imaginary persons who bad broken into his pro
mises, had shot him, would aprons for a moment
suppose that for so doing he ought to be convicted
of murder? Certainly not; because that belief
was a reality to Hugh Miller, and if it had bean.
instead of a delusion, an actual fact, to take life
under Inch circumstances would have been jastifi
able His form of disease was monomania, which
is the niesni festation of the unsoundness of mind
upon ono subject. It has been contended for the
defendant at the bar, not only that ho was gene
rally insane, so as to take away criminal respon
sibility ; but that, if the jury are not satisfied of this
es a fact, that by the evidence be is clearly ehown
to hat e been, ou the subject of his domestic diffi
culties, a monomaniac. Such is the testimony of
Dr Clapp; several others have also given the same
opinion. But if you concur in this judgment as
to the true state of his mental condition, whether
the act perpetrated by him under an insane de
lusion can be excused upon the principle as I have
stated it, you must determine. That the defendant
did, to some extent, labor under au illusion or hal
lueination, is very clearly established by the eft.
dente; but its extent and character you must
ascertain.
There can be no room for doubt of his belief in
the statements roads to two witnesses that he
encountered a spy of Carter's upon the public
grounds at Washington ; to others that be was
beset by them upon the streets of this city, we..4ch
ed when he entered into conversation upon the
aubjact of his troubles; calling Mr. Campbell's
attention to ono of them running up an alley, and
that all this was an annoyance, a source of tronble
and vexation, act perhaps of fear to him, cannot
vere well be doubted But whether it created a
wed`-founded apprehension of peril to life, is a
question for your determination. The occurrence
at Front and Walnut streets would seem to favor
this idea; when be heard the voice of his foe, by
which Mint he generally designated Carter. call
ing frem the carriage to his spies, ‘• Shoot, shoot,
sheet!' this ho thought to be an attempt upon his
life, for be said he gathered his cast about him,
and determined to take it like a brave man. You
must say whether all the testimony upon this
point satisfieq . you that he killed Carterundor ado-
Naive belief that it was necessary for his own pro
tection; if you are satisfied of this fact, the de
fendant is entitled to the benefit of it; but if yea
are not, it will not Jus'ify you in rendering a wee.
diet of not guilty," if you find that he was other
wise sane and was in the possoesion of a free will
Tho third groend of defence is, that Thomas
Washington Smith was not, upon the day of the
murder, a free and accountable agent ; that owing
to the diseased condition of his mind he was nun.
ble longer to control his will ; that with Mel, the
not of killing Richard Carter was an uncontrolla
ble impulse ; that ho no longer had the power of
choosing between peace and war to the death
with his foe; that ho was pressed on to the e on
miasion of his net by a controlling influence which
to him was an overpowering necessity, If this
has been established to your satisfaction, it would
excuse the defendant. A defence of this character
requires, however, to be examined with the greatest
care, nor should it be relied upon milerssestablished
by the clearestpreof. That there is a mender homi
rid7l insanity cannot be well questioned at the
present day, which is obaracterized by Judo Gib
son, in 0 +ninionwealth vs. Mosier, to be An irresis
tible irclination to kill or to commit same other
particular offet,:c. There map, says the learned
judo. be an unseen ligament ptessin„n on the mind,
and drawing it to a consequence which it sees, and
cannot nt o'd,end placing it under a coercion which.
ti kilo its results are eta ale perceived. is inespabie
of resistance. As applicable to the present
casts, I adopt the language Wed on the trial
of Iseno C Shurlock for ninnies, abort one
year since: in order to kstify a teriliet of
acquittal upon this ground, you must find that
the defendant, elthough conssions of the act
he was ab mt to perpetrate and its conse
quences, yet governed by an uncontrollable
Impulse, his will no longer in subjection to
reason, owing to the excited and continued hope
tuesity of his thmights; the confused condition of
a mind enfeebled by disease and goaded by a sense
of grievous wrong; that he was wrought up to a fren
zy bordering upon madness, which rendered himun
able to esutrol his actions or direct his movements;
if the tempest of grief and plssion which swept
ea or him, and prostrated the strong man, so that
Ito had no longer the control of his will, he is not
responsible to the law for his JIM; but if he was
possessed of this restraining power, sufficient. if
called into exercise, to stay the hand which took
the life of Richard Carter, and the defendant were
otherwise sane to a degree of responsibility for
crime, then he is guilty of the offence charged
against him, and ought to be convicted of wilful.
deliberate, and premeditated murder.
This doctrine should, bow ever, be received in all
cases with caution, lest every inclination to do
evil be set up as an excuse for crime, and Crory
perversion of the moral sentiment be made to servo
as a shield against punishment fora violation of
lair. Nothing could bo fraught with greater
danger to the peace and safety of moiety than the
recognition of the doctrine that moral inainity,
which consists inn perversion or disordered state
of the affections or moral powers of the mind.
should afford an inununity from punishment. If it
amounts to anything short of an absolute disposses
sion of the free and natural agency of the mind,
It should be discarded as having no value as a de
fence.
All the evidence which has been offered by the
defendant, is support of the plea of insanity, is
to be taken into consideration in passing upon this
issue, which the defendant has raised in thecause ;
but that which Ia moot important will be timid 111
the testimony of Mr. Teeeph P.; Bitintaa, when,
after describing one of his inters's'''s with the de
fendant, about two weeks before the oseurrence t
the fit. Lawrence Hotel, he toilsea that -the de
fendant took from his pockets a p istol and - a hunt
ing knife., that, seeing that th e wt.- et was loaded,
ha took hold of the weapons and took them from
him ; that the defendant made no resistance, let
hint have them, arid that; be looked them in a
drawer. He says the' defendant teemed to strug
gle fer a moment to collect himself. and .thew said,
" That Is right, Mr. Brioton ' • take them and keep
them.-and don't give them to me, if I 0060 here k
and beg you for them, until you now that lam
going to leave the oily ; fo , if I facet 'that Inas r
am afraid shoot hiss."
The testimony of Mr. Henry C. Townskond bears
upon the same point. in whech he says, having
said to the defendant, in reply to a remark of his,
that he ought to hold Carter responsible, that such
a course would not be proper, be said, that "Holt
would smile on one for ridding the earth of such a
monster." -
Bat it will be yourduty to take these declarations
of the prisoner, not standing by themselves, but in
connection with all that was testified to by three
gentlemen, and - say, whether lopported by the
other portions of their evidence, you can satisfy
your consciences that the mind of the 'wiener was
such a wreck that be had no control over his ac
tions, and was urged on to the commitaioa of the
fatal deed by this irresistible impulse, which
be was powerless to withstand. Both Mr. Brie
ton and Mr. Townsend speak of declarations
made by the defendant which show a . design to
inflict punishment upon Carter; to Mr. Town
said he said, I have sent him word to arm him.
'elf, and be prepared to give me that satiate:4mo
due to 'a man of honor for eo foul a wrong." To
Mr. Brinton he said, " shoot Mm, if yon think,
according the - code , I,Ought, to dose, and that
hie friends at the Booth would laugh at him if he
did not." These declarations would seem to
favor the allegation,
tbat this was all the resultresultor deliberation and design; bat even snob deli
beration is not inconsistent with a resistless im
pulse, or the existence of an unseen ligament, as
Judge Gibson characterized it, which novels or
draws one thus situate on to a fate as certain as
destiny itself; but whether the defendant was
thus situate, you by your verdict mastanswer.
The issue, gentlemen of the jury, which the de
fendant 'rains by his,plea, is one which be cannot
leave to uncertainty or doubt. The presumption is
always in favor of sanity; sanity is the rule, and in
sanity the exception. The evidence of actual in- -
sanity, which has boen given to you at such un
nival length, you must examine in its detail; and
If it leads you to a conclusion that, in either or all
of the formal° which I bare alluded. the defers l
ant was of unsound mind, you should acquit hhn
of the crime of merder; bet if, on the contrary,
you believe, judging from the evidence in the
cause, that although insane at other times then
the afternoon of the 4th of November last, he was
then in the possession of his reasoning faculties, se
as to determine upon the art perpetrated by him;
that he wee not laboring under a delusion. and
was a free moral agent, then yOu should not shrink
f om the discharge of your whole duty, and render
a verdict of guilty.
In passing upon this question, it Is proper I
should call your attention to that portion of the
testimony which relates to hereditary Insanity,
which, standing by itself, does not prove any
thing, but as showing the touree and origin of
ho
asnity in ono alleged to be of unsound "Med,
supported by testimony of the actual derange
ment in a defendant charged with the er.mnes
sion of crime; as corroborating and strengthening
each evidence, it is certainly of some value. for it,
may explain that which would otheiwias be
doubtful and uncertain to the jury. Inanity I; a
disease, resulting, in most instances, from physical
Causes, and is capable, of transmission, and is in
many instances handed down from generation to
generation. But you roust not infer the defendant
to be insane because it has been proved that some
tf his ancestors were of uneound mind; it map
abed light upon an issue emelt as that which you
are now trying. but as original testimony, and
standing by itself, it is of little value.
The Judge called the attention of the toy to the
degrees of murder, and instructed them that If
they found the defendant guilty, they must specify
the degree.
Ile also called their attention to the 29th section
of the act of 13th of June, 1838, which requires that
in every case in which it shall be given in evi
dence, upon the trial of any one charged with
any crime or misdemeanor, that such person was
insane at the time of the commission of such of
' fence, and rush person shell be acquitted, the jury
shall be required to find specially: whether sects
person was insane qt the time, of the commission of
such °Since, and to declare whether such person
was acquitted by them on the ground of each in
sanity.
Upon the question of character, the Judge said
the defendant has preyed a character of which any
man might well be proud; be was high-toned,
honest, pure, peaceful, gentle; this was the uni
form, unbroken chain of testimony upon this
branch of - the defence. The value of it consists
solely in its bearing upon the question of the pro
bability of a man theta disposed taking the law
into his own bands, and imbrueing those hands in
the blood of a fellow-being, if be were sane. In a
doubtful ease upon the question of the guilt or in
nocence of one charged with a violation of the law
cf the land, character was, often of great value,
settling with the, jury the question in favor of a
defendant, and securing his acquittal. In this
case, however, where the defence is insanity, it
bears on probabilities alone; and in an issue where
the defendant J 5 bound to establish his plea by
competent proof, it o is entitled to acme weight, and
that the jury will doubtless give to it in mating up
their verdict from ail the testimony in the cause.
In confusion. gentlemen of the jury, permit me,
for but ono moment, before handing the ease over
to you for final disposition, to call your attention
to the tree question in the tante- It is not whether
Richard Carter inflicted wrong upon the defend
ant. or upon the defendant's We e —that is not an
issue here; and you Should guard yourselves against
being led away from the proper discharge of your
duty, and indneel to base your verdict upon a, false
foundation. We have not Richard Carter on trial,
nor are his acts. in any reuse, properly in the
cause, except for the purpose* of showing to what
extent the revelation of the 'temente made to the
defendant affected his mind, and what agency they
had in overthrowing his reason , if you bellies moth
reedit was produc edby these ceases alone, or in
connection with others.
We all, In a cause like the, present one, hare
reason to guard ourselves against yielding to the
influence of the tender and kindly teener', which
it is impossible to restrain in behalf of one es
worthy, and yet as unfortunate, as Themes W.
Smith. reel for him in his deep diatreee ; pour.
if you tan. the oil of consolation into his broken,
bleeding heart ; do all ;bat you properly can do,
to lift him from the dad; bat, gentlemen, remem
ber that you base a solemn duty b perform, and
that is, to pass impartially, between the Common
wealth and the prisoner at the bar ; let your ver
dict rest upon the evidence, and not upon feeling
or outside influence. It is my duty to say to yew.
that if Richard Carter had infreted all the injury
upon the prisoner which be re:Trend him to have
done, still it could not justify the crime laid to hit
charge. To concede this right to any one is to
invest him with the right of determining upon the
guilt of the accused, makirg for himself a law to
meet his own cars, settling the extent of the pun.
ishment, end carrying into execution his own do•
tree. This is subversive at law and order; it it un•
settling the foundations upon which society roe.' ;
and no such right can be conceded to any one, no
matter bow deeply he has been wronged,
Gentlemen, remember your solemn obligatiots,
end that you must answer for the proper discharge
of your duties to another tribunal than that cf pub
lic opinion. You have called upon your bled
to witness that you will not be recreant to ycur
trust; and in fulfilment of that vow, if Toe believe
the defendant to have been of sound mind on the
4th of Itiovember last, when he shot Richard Car
ter, convict him; it, however. yen believe him to
have been insane, acquit him. Let your verdict
be the honest express onof your opinion, based
upon the evidence m the cause; whether that ver
dict shall release the defendant from his present
nufortunato position, or consign him to a felon's
doom.
PHILADELPHIA CATTLE MARKET
JANUARY 18.—The detnaml for Beef Cattle V:l5
less active this week, and prices of the prime quali
ties were hardly sastained. The ofreriega at the
yards embraced about 1,150 head, of which about
700 were disposed of at the Avenue Deere-yard, as
follows :
19 Ballwin, Chester county ,5 - 9 '3lO :a
6 Rdileburgh, Chester county 9 n 19 91
16 Kennedy,'Citaater °aunty
. .. .
20 McCane. Chester county 9 a 10 CO
41 Marple. Ohio 7 a S5O
15 tcCurdy, Ohio 5 a 9CO
26 P. Baker, Ohio, (inferior) 7 s 8 LO
44 McQuaid, Ohio .: T a 9 30
23 Conker .t. Co.. Penusylvaaa 6 a 10 09
35 Strickland, Ohio 7 a 550
17 Fellheimer. Ohio ' a SCO
16 W. Neitl, Ohio ^ a 8 .50
30 Bowman et Kitchen, Ohio 7 a 9co
31 Puller, 7Veo!era 9 a 9 CO
16 Eckman. Chester c0nnty........... 9 a 10 CO
40 Franca & Cu., Ohio. : S a 350
14 Franks Co., Ohio 8 a 900
12 4 Abrams, Chester county , 9 a 70 02
Of sheep and Lambs, about 2,500 were offered,
and .11 sold, at from $3 to 34 50 curb, and f,19 fo r
dress .I.
Of Cows and Calves, attont 25 wore °fend and
sold to anaoderate ex tent at $25 to ¢fo for apringore,
and SISaS2O for dry cows.
Tbo arrivals of rogs at Phillips' Yard, for the
weoh, were 3.750 head. which all sold at fsr,t-'s}
the 100 lbs. nett; about 400 from Pittsburgh went to
New York.
A WcsrEns Sr trt,E.—A Western college
professor thus " illustrates" an important bret.:ll
of a young lady's education : " Besides this, theta
is the plate, where the fingers are compelled to
travel more in one day than the al do In one
term; and the mind must be kept et, the stretch
over spider-tracked music till the reason reels sod
he brain swims, and the notes on the page be 'ore
her carry no more idea to the mind than so many
tadpoles trying to climb over a jive-tarred
fence."
SAILING OR TILE QCEAN STEAMERS.
YBINNI 1111 S Ilinr.D STATES.
FIT3/1161 FROM YO DIY
Africa New York..Lirerpool • ... Jen 20
Ariel ...... ......New York..Sontharapton Jan 13
America ..... ...... Boaton..larerpool Jan 27
N American Portland. •Lirerpoot Jan 30
liammonia New York.. Hamburg 7.1.• 1
Europa Boaten..Lirerpoot Feb 3
Fulton ...... .. . . New York-114mo Feb 6
Canada.... ....New York..Livertool ~... Fob 10
Atlantic New York..Lirerpool Febl3
Arabia New York..Lirerpool Feb IT
Niagara Bostou..Liverpool, Yob 24
Borussia New York—Hamburg
Hardt 1
FROM EIIROPE
►aox YOE
Brommu.aiew Tort
llammonia .
tiarnbarg..New York Jan 1
Europa. Liverpool—New York Jan P
Kangaroo Liverpool—New York Jan 13
Fulton Ilavre..New York. Jan 13
Canada Llverpool..Boaten Jan ]O
Arabia. Liverpool—New York Jan 23
Indian Liverpool—Quebec Jan 27
Niagwra..........Liverpool—Boston Jan .1 , 1
Baltic Liverpool—New Bark„, Feb a
Arago Mitre—New loci ' ' " lob ti
11W --- The California Mail Steamers sail from /18w York
On the Rh apd 20th of each month.
MOVEMENTS OH 'RATAN!. STEAMERS
PEI LLDramatA—Yrom New York 2d, arriving at Fla •
vans Bth, and New Orleans 11th. Prom New Orleans
20th ; Havana 23d, arriving at New York 49th.
CA-11Aw8a—rrpm New York 29th, arriviog . at Herein
17th. and New Orleans 18th . From New °roans 27th,
Havana 24th, arriving at Nay York tht.
Raman ()ITT—From New York 17th, arrivlng . at Ha
vana 23d, and New Orleans 28th. From New n Orleans
6th, Havana Bth, arriving at New York /3th
BLACK W/111110C—From Naw York 23th, arriving at
Havana let and New Orleans 3d, From hew 'Orleans
12th, Mettle 14th, due at New York 18th.
lass sa—From Charleston 12th and 4th, due at RS-
Tent 234 and Pile. Front Havana 10th and 2676, tee 14
Noy York Mk ,o 4