The press., July 23, 1859, Image 2

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What tins John C. Breekturidge Done t
Formere thin two years it has been repeated
-11 and stribli3Outatie intrayseit that the second
officer theta' ierpinentifthia Republic bas,
labored cedei'WhteVeld , 4 10 010 0 , e'Tt 'of the
'grataNet eattlAitt l tft ntP secretebe"
bledthe seenii4nt, polltleaf stage at. Wash' ,
,infiton,withavvakvimfitifirioArgbr thia
feeling atilt has Publitly remonstriled,
wed therefore speak only from' such facts as
are patent and probable. • It is alleged, by
who -ought. to ,Itnow,_that, front the
spoke a favorable Ver.
dui or.isiese(firrorrarras and JAHN C. BEECH
VOLlNlMlCflrat`tiligtlif to Matted, and to
VIIIPNS4•Weefid t and,tte believe, no at.
Jempt has !mull-made to conceal the manner
triVrtitchrAtte'.Rresident excluded the Vice
tresititint. froM tam nottriclis lithe construction
Of blitlabliiet. - Xudeed, - from the inaignratimi
fif„the.t.iet:teld dilY, a steady ' attempt; to
014 44 ;-..tata Asveiceless flillre-head in the
.51 3 1 31 4 4 4,end ti) class , him among tbe vast and
AeletleielltialMsteseti designated by the generic
term of outsiders.?} The general and goner,
onstablio'isiminquire, on 'reviewing these
ititertotts , wiped% of past'politica, what had
,dcme to merit' this treats
nienietsilie'hindtt of an AdMinistration of
by-tqw sea by courtesy, by precedent
and by prectlee,•by universal expectation and
Cnrbaliensed„eapecity, and by.tlte d&nee of
dist ballot-box, • he le. or , • ought to be, • an 1m
0141)0 Claiming to etand in no
relotli3l47,to stbis gentlenian • that entities no to
speak- of "hirti? by authority, and uttering our
P°DllßlOn-Independent
lenrnalist,lt ent'Al
ttle . `timple froth to say that
his characteiank hist attributes • contributed
ReiitlY to ttie triumph or-the Democratic party
lalBsB::.There WAS, and there IN, somethilig
° r atr3aidely fascinating in his history and his
faficiere• Selected as a candidate when still a
very young man, (Mr, SNEMZILERIEGE EIS only
he thittimble on the 16th : or January, 18600
there lent.s that in Ids years, in his appearance, in
bta singular Intellectual glfts, in humanly de
althneh.t., in i. bienil9lllBll patriotism, that
'Made him en object of rare interest to all• par.
lied, and especially' to the youth' of America—
fill,ollintiinedeneerinduCing•such a revelation
in the State of Kentucky as led to its conquest
TrOin the binds of those who had • held it for
, nejirly, thirty long years, and united it closely
to the Demobritic column. In the uation at
lreirattharilly less a fillprite: Thousands
will 'recialtdur'frig-all their lives, the impres
4110AiheAa4eb-Peh tbe`P,Beille PcbtleY l ,vnia
cane ; &mongols to raise his
voice for tithe rDeißocratte party. There was,
therefore every motive, alike of good
_breeding• and of self-interest, to impel him
to the • kiddeet zulathins with the Fres].
aWaken the , kindest ,reei
"Predil fidis Nenthrient on the part of
the tattai, What has ho done, then, to shave
kcist the tientidOCe iof the higheet officer of
the, Bel..while—first exhibitedby an appa
rtsntlys inoxbrable determinatioq to ignote him
wholliintie settlement bf the policy and the
distribution of 'the 'patronage or the Admin.
atid, tecondiy,, by certain erepha.
tio explosions of recent \ hostility in= the
recognised -organs of the Administration 7
the„ sumer' • Is , . plain te this ques
tion sts- it is, it is painful anti uteri
tifying Ito state it. Mr. • Braemar:lnes
' Aar rffusid to bra park to the merciless pro
scription of the President'and his Cabinet sipon
'atich Democrats ass.fat bound in honor to oppose
a p orison of the .administration programme.
nits yielding'as Southern mon a reluctant
support to the F Lecompton policy, his friends
And himself;have not, stimulated the purposes
af , tbe officers of the Governmeet in mitred
*klag ell Democrats who took the other side of
fie question. When in 1858 he taw the great
struggle going on, in inlets between the hosts
if Democratic party, led by STEPHEN l A.
Iloiratts, and the legions'or the OpPositiOn
le,dhi Mr. Luroordr,(the exponent of doctrines ,
against: -which the Democratic party every
" I ri re r,:it' i lliflieg, Ike itself,
jidazinistration
wartjoleninly committed,) he did not restrain
these hie Orepathy with his
pollticgi' friends , And his preference for
tlii).lfitilocretie leader in, that great
/rattler" Tide woes tepital 'are:tee. It foll
upon deep _ tlo few atlfaskin to hh d
nu! t ong4,ltarcuseci an, answering thrill in
- :.thfiSkiesiMortitic ranke r evorYrdierelit also in:'
lifiedneWolifility Into the bitter
.. bas,marhed thee : Miran oi•the,President in hie
relationtri,toAt&Tiee Preeident, before ,and
theAtlkOf *aricti;lSfl7. But ttie iiirouti
,6l:oohiii7o.lCe President against thepuissant
yowler/At ile'seat,Of-the Federal
tiOtiitiliWith this"; *hen thnOdidueriognati
.of„l,oonotessierial:proteetidu slavery In the
Territerinifiriiii . :enunettitedl;y, these, imsrein--
embodiedlisit was in, and answering at it did
Awtheqdentitidt,of. - the'',eatietee South, fon
- atdont,eaw,hia duty iu_ opposing itiland:did!so'
like sa'patiio.-11,,tiOran ;One; balechierved;;
01,; - ,iecitnee"ei 'a* ;d n iappeiticei to ,diefurb- his
irelationg with Miderot the -11.dpilnistra ,
Mon bitroialbeirrdiiheet devotion to 'coned
ttitional , 'priielplief';46,saie :the „Democracy
int2titelltildik4rom. - destritetion, and to pre=
~ ferit. , ,hie,; O Wn State fro* failing . back into ,the
ii nds of : those rem whom he had •mainly.
, 01gtedEti! rescue And•we',believei the reL
-11-0141130riftiAiatj..t145 Wise and precaution.
I liirYittelai,oo7ivill,ionsolidate 'Kentucky 'still,
- More trotlyintnqi - Dertibciatic , • ,
~.i:P,,tri4. , hti•lhetgdr. Baiiituriamon has atm
ilito',",disrepute at - Wushingtontlhecanse his
haai as mean, o:4ol:pootkiiiai w inarfers lu
connanttokwith;:ihe=Pieaidency- itself. - ircp
:office;
pith tnoPe feel Aay thaii ' ti e, resent oiCupa4t;
,eNt, ;His - ,basmotner teregard Ulu; 'lda defy as
arr . es h atelholdalmoist'as;tirif;Uncie6t heroes'
the„:Strong hand.'
'ttrif:ituattei",- WM.) kmayraise ‘, his . 'eyes -to
this'teintifiniT;', prize;,'. -moment
does 46, 'he it foriiier shut "
out from, the
Confidence of KnewanaV.; jAccord
inglY,--wp,_havti'asen, and within a tea ,
days past, a &bill:10114e attempt, (no matter
11 1:0A 1 4 11315 ,0ile.latI4 recalled ) ) which- was•evi. •
dontiy4n;„,sethorized attempti.,and in harmd.
,
ideata:tensistency with: the entire iourse"di
• the •prasidint"hinitelf; excommunicate all
candidates' for 'the'preaidency
named in - , _connection ydth. the, Charleston
afiouid
s deatriolo:ppi •int:ot:the way such • rebels h as
-;W:fee:livat an . ..a*leotati*cl ,of
,44Siiiarhifittnitiou; that they; should set
on their urgent InAefame and 'denonrico - Mr.
Difiditiinwilii/; l oWeVer 'accuitonaed the pub
he zotti, lput..bee,e rendered to their halluct . -
"natfonn, W . awaChlevemeut singularly! 9sieu:
*tcd!to:ittarile;the Democratic partj , lroin its
•
• ; Pllok *o'lll4o explained 'why Mr.
,Inu4 . ,, s heeti included , in the esti.
Ingweflitudefietor,-and why hie head is, , to
Apiii)44o . aliaergieto paac'o•Otriniag to
,11gg*ouffirO executioner whO,leemi to have
reeplitd. taloes ifs ca veer by destroying the
4 14 4 41:11 t: ,1 00 h j:;*00.?4"0k 1 1 /6 ‘ . 4 i gh
„ •
. ,
thoT , rettely itefiroltttioni When men
li4iej#l . 44o - 11,:*'.iyiine . ,,o. , ...tea'4 , ' fa 'the
.ifesplits nded 'France i
fell,frb many instances;
,isqtlgttP4p.e. l 344. '3# 1 141 1 01 1 01 11 ; .;There , were
414aecniation„Abo trial, and the death, follow
rapidity.
AttirAgriief.474;,.ont our Manap,
tioiltitir—thengblinable:Ao take human
lit o - ,; '.:greft - .0 - 46okt:tstfrottitalid political a..
Foiktomo‘v recalls their
yetiernblitien: to - =their prototypes during the
,Iteliftv of Terror.,.obey have a blacklist crowd•
dd-with the ivlilte and shitting names of the' Re=
rilille;;:#lld'ellii - after, the :other
,they have cer
44Pits, iarry:, the most eminent
,Detir cr,ts to the reeking guillotine which they
icatrAi eiee:ted:',77betis:ls , not a
_state. in the
;Irgetiinivhieh.triey)iiive`,net sought to strike
atraltittiliighlitdtutd purest of our chainidons.
havieVel.iiinenitod, no political
.litieblyeitqwever E , imat'aitind end.unbroken, hos
iita344;;;;Weir; bands?
•tlys :Hap,
maithronsze, irbthe Middle- of the Union, are
id : the tyi l op of the-men who have fallen Under
goWiriciiiitietirest! displeasure. -It waffnittiral
10:04Sr'll'a cap Oeitcotill be: to venture' n rat
A'odenAriedirividdonCof the unli t & B i, tes
5604'011(.14 . the:-,Deineeratie natty.' :It
onlfiecititledliiiiidxso4feii;,oeir 'claim upon
the_4ete6taitdit.of their,conntrY.,..' '
vrits.-- r thp„ rreilfirick (Md.)
0 4 0, ill;e.u44elidtit4 qt . Laisie Trail,
I " :l:4l4 PrPf 11 / 1 :''; aftiusi )l 46en .bO4 pP that
- • -
- „
B Y MID MGM! ,MAIL
. -
.5 Leitlitreprn' !‘
jC rrecyondeebent The PFgle =-
*Atm titiiioxi July 12,1859.
721VXorLiebit r iyiertdelf_sx; ' Or Indiana, who has
be4W4hlectestfrolirt'hii bititth CongrerstottOls•% -
ttlOthrthat 'gate, an# WhOlirthe able editor - of the
St:liiir:ph'S andienci)He,fiCiekithrowa out a Word
of Warning to_ the TiopillAionei,"--,with where be
'eats, in a late number §ftlile journal, an entreat
of which will hot, 1 think; be uninteresting to
year thensands. of .readers.. Tgitre yen the item,
reserving the direnecion of it l b sty, future
letters: - 4
•-"Aint , of,2B7: , ,members-119-- - 10 . a , majority;- and
theto'itte - elenkte . d, thus far 194. itepablioans
-N tli"'Atnerioaae;:(.rbo•wlti probably vale wish
them)-:-Harter and- Briggp,._of , Ho.7"..rit; Nixon
tutd,Skyou,of ,Now , ,Jereey ; and 34' Montt,
Verree,
_end Wood, of Pepcsvivania—
nli Cleat d'Oe - the'linton'tioketil and 8 inti:Lej
abrOtati:lioniterabl—Datle; 'of - Indiana';• &drain
find.`„:Riggsr of. , Heiv Jersey; Clark,- Hoskin, and=
Reynolds, -of- New , York ; :„;and. „ Hick Man and
Fil
-rorts, of I'enmiviinianof °Minting the
- nets Doughtalteit and Montiothery, of ,Penitlylca-:
,'" • "
. .
Ap'rdpos of 'the distribatien of.patronagehy the
-mixt Nygren: the'r -le' no" doubt thatlohn 0.
Rives' Contemplates "enternilt4 his 'vest. printing
entabitshinent - se - arto -ntake .himselfi a - Most .
fonntdable oompelitoiof Mr . -Wendell in the axa.
indite of '-theiptiblte printing; iherelefore mainlY
doifelsi the estabilibtnetit 'of Mr. winch is
eta of the `. molt ; in the
Oeantry:,liti ; Alves has made as Immense fortune
=oat of, his work. and i deserves ! What he hes made:
fits Mobs is - a most invaluable record, and
ohliPlani, set of-it ought to "be` in the Itbrai7 of
iirery, gentlemen in America.: I hope, that Mr.
undertake the republication of this
great work, (If it can be done, within , the ]awe,)
se' that it may be pleeed within the reaohbf all
at a inclderate, price ; ',in 'Wash ease .10 - ought to
adopt,oestain,haprovements, Which *mild render
it stilt. more yfilnable' the rambering Of' the
volumes, and sometimes the indek, are itrororrate.
I commend excellent
f riend Writ! 'Mach a
revision of that which lideatined to be a 36itsii:
;meat to his faMe as Will render it unsurpassed by
any parliamentary work in the world. ,
:Whet Mr: Boehm:tan was cleated President, the
g~ettßingpedidwea to diolare to himself that
from, that day.forward he would recognise no 'sue&
thing as friendship. This assertion, - holdall it was,
his itaniequent conduct abundantlY Confirms.: As
yen wall know, immediately after. tbs October
elaidtem 18.56,:,ha took to kb bosom that Venal
viper, theNeuy.Yaik herald, and *Wen before tile.
Ink was dry by which the most manstroto attacks
upon hie prirnte oharaeter were recorded itiihat
Intel:aqua nawcilaintr. I.,doOmiton oanaln,
'with all its prosarlptions andi Ili . follierviir..
obanan Saw in it a rare oppottnnity to . , gratify
the theory tiponWhiChlelarl based his executive
notiOn,'ind: then . itfWas that" he (larded out the
ides;„'of r ,:reWardini enemies .' a nd punkt:an:gbh!
Then lie honored suet men as _Henry,
Phill/PS," Shorans B. Plorenee,` Wilson Reilly,
Often 3onea, and W. B. Dimmiok. forgetting, in
their devotion to snob a treason as Lcoompton, all
their bitter years of hootility_to ouch a man, ad
himeelf. Bat thistle n chapter so auooeptible of
elaboration that I oan'eve' no more time toil to
bcoAsi4xAti
, ietter
Correpondence of The Prase.] •
Ilziwoun July 21, 1859
President Buchanan and cotta arrived here on
Tueiday,' evening about six o'clock. He did riot
make - his; eppearanee -in the -public rooms daring
°the evening, probably owing to. the fatigue :cif .the
ride from - •Ounalberia,nd:' The President
Ati Springs by' ,Indge Dougherty,
lift: Myers, (the-new Otter of. the Bedford Ors.
zetho, and • our excellent friend, Mayor Wation..
Ttie Presidential party colinintid'or the President,
Lane;the'peoretary. of the Interior, lion.
Ttitabosen; and ledy. - . - '
Col. Robert Migraw arrived here a few minutes
after the President, by the way of Hollidaysburg.
General,Oatneion'inehed hero, lest night, in com-
Pranylvith e x -inember of the Legialature, Walborn,
-
Km your atty. lion, John W. Killinger, of Leba
non,. and Mon..Elmund.„MoPherson, of Adami
county, (both. members elected to next Mouse of
ItiiiesorAttilyes - it.W.ashlngton,) are
,hare, tieing
the Only members of Congress at the Springs.
bee of the-wags a- the springs announces that
Mr. - Buohanan'sroom adjoins that - of Simiin Venni.
.ton;-and that there it a notelet ;loan Opening One .
atirteseneinto . theOtherl : ,,brit tide fii; of course, a
- joirii.,There art some three hundred people at the
-sPringirat this time, but the - tiocommodations are
said to be ample'for five handled More.
Whelf,wit are, to have. General Bo man at the
snitagele not yet ,anneuneed. , While he wee at.
tending Upon the,,73ed ford Gazettchei had enough
to do, but now that be bas the Conititruson (not .
that ''of.r the" pyittcd'.Stilten, but: Of James 80.
F Uttar h
Chinon): under 0 , e
-luny ba add ern.
, .hatically to' have .his hands • fail: c'Tlievelare_al
rwaine ie , normarrwriesnatt - tioutor Lenstitn,
tional Palieraliat? Where is the balm in •Gilead
„that Will make the wasbington Constitution the
acceptable organ of the Dethooratie'ptirtyl' - I. If;
now, the Constitutiore(that is lletieral Bow,man's
or Mr. Birchen art'il newspaper) c quid be cant to Bed.
ford Springs to imbibe ,the needful quantity of
ediardWater, to oleanseaway its impurities and
to render it acceptable as 'the
,Or - gan of the one.
- Iluiterated Demooraol; then, indeed, might we
look fefward for a recurrence - of the days of old,
When the great t Wobdc.thtindered its denude
'Sons "against ell.- haokilideini, and when '!Old
Hickory"-presided as the embodiment of healthy,
- vigorous Denioortely.. -Talking of
'S , elieral:BOirinon, hOwever, .1"-,was- reminded,
'this afternoon: (While sitting, among a number, of*
the' ;old.' hattues • of this place), of - whit 'took'
-place herein 1848, whey 'Mr.' President 'Polk
' , netted • Bedford, 'Springs, - for, the benefit of
to obtain a 'ottre for that disease
whids sithao'queMly lost him -his lite. Whim he
arrived hors the Democrats of Sahellaburg (one of
'the atljanisitt town's) extended to him publto
.oeiititin,"iiMoh he 'accepted, and he
- passed to
Sebelliburg. and back in , company with the re.
douhtable General 'Bowman, now superintendent
of pub - Hoprinting at Washington,. Many Atten
tioUt' 'followed the ?resident on the part
,of, lifeliorar Bewman, Job. Menu, and other
.flemeorate. • Bowman's object in this toady
ism of ' , Polk - tbas personally to traduce
BurTuinari;:whioh , he Arid with lotteiti
- linine:`,and - .,.blitprntisc,„ net only here ab 'the'
Sprlnke,,:hut -at oohollebtirg, and- wherever be
-had.an opportunity of talking. to tho•Trealdent;
Hie language "was 'eta this elfeot That Mr:
Binibtionn , had no, friends, no
Strength Ii Pennsylvania; that he; had.ontraged
Prenotalt; Shank in the moat brutal manner, and
that no humaurpower could ever glib the ; *pia of
Petqurylvania to, hini." It , would not,
, - hei proper
,for me to Call witnoiees from the town of Bedford,
Or to name the gentleman from whom I, received
this bit of history, but I oau assure • you it le not
dimbied' or questioned here. This le the man, ho
it remembered, whom Mr. Buchanan has put forth
as Ms organ'urider the patronage of Judge Blank,
and w h o now, daily. attempts to • read out of the
Democratic party 'such heroes of principles as
'Vtiso,'Donglae;'and„llreliclnridge
Capita! _,versos Lappr....Runislag Cars
On Sunday. • - ,
MEM=II
,The only argnment used hithe friends of this
mitertre,',whielisoeme,N bo a reesonfor departing
flinst one inSaceful quietSandays, is in regard to
giving.the working earns reorestion.. This is a
subjeot upon which,,,as a 18613414 man, I havo be.
Slowed Inaohthorglit,' snd think it:worthy the:
atteirtfoti r of ; th'eu philantnropiet; — , : lint Is running
careon't!Msdiy,a , remedy for the want of reorea.
Hon T. 77. Will:it 'moat • all eases'? Certainly- not.'
There aro werithig men who are respeeters of the,
Babbnitt ;' siert prinoiple;, who, nfter a, kind
"Creator-has these - stardom world scorn to
steal therreventb i .
Bar;wherelicellto 'remedy ? Already capital
has ;wallowed up the six days and new is renoh
lug iti It, thirst for gold, for the seventh. It would
deprive the laboring man even of this ; for, if the
owners of oltrrallroads have a right 'their
;inner, and' eripital
,to Ouse their employees to
labOr on fikinday; other employers, - manufsettirers,
and others, have the same right to use their power
and capital to compel their operatives to yield up
'their day of rest-:-of rest, not orreoreation. « lot
In the thin tvedge,of philanthropy, and solttin•
tennt will soon drive it home..? There !smut talk
Of, "lair, play and equal right/4" ,but the favorers
of Sunday travel donot practise their preaching.
ieeendnotors, drivers, bedlam, &0., must work,
then,lot all others do thmertene ! , If they must be
deprived of Otinday,, lot - others, be also; let all
work or, none work:, TM:, 'inetkdalso, would be
"fair play and erjuatil,ghts.!,'. , „ -
Let no one who would not, work on _Sunday, no
one who does not wish _ittidd to , his hours of
toil, no friend of the working man,. argue for or
eneouritie any Sanday labor; for, if onoe it be
made a day of labor, oopital will swallow it op
also. „
Is there any way to gain more recreation for the
laboring man, without taking the Sabbath? • I
think ao; Oapital hae goae too far ; it must take a
step'. backward and let the working, man breathe.
Why bonld notono afternoon the. week (or at
toilet from April to OotobarY be by-Am:mon con. !
lent a season ofereoreation Bey-Wednesday
ternoon. Some mill saythe,poor Men, gould not
'afford to lose Ite L I. say lie would goi.jost as mu s h
Wages' itelf working the six days. ; Why ?.• Decease
:the production , being less, it would - bring a more
'remunerative return, - and the employer be able to
'pay more to his - men. Do men gat lora .than when
working twolveand sixteen. hours a day, before
the ten.hour. law ? I think not. Thero may
be a few beaupations which mild not oosse i bnt'as
a general rule I believe they could, and .should.
I cannot follow out the argument. If wo oannot
(let' an afternoon in' tlie week; • lbt n 6 watch lest
capital get Bold 'Qur Sabbaths'.
. • I
' PILO 80140 PV131400,
THE PRgSS.-PIIILADPILPHIA, SAURDAY, Mt! 23, 1859
THE q EA T till' 1.0 N ,
0 115 0t,A*AkititO,'AP
• , < at Mei Prim.
Tun AB6ifichriis OF OOuNsEIL•
. ,
,
IfjpiiiAits -Or .1011/tans' J.l• Porter, David ..
Arebatet.,:iritilutti .I 4 iltrat e glad
'''
ie. L. Olmstead.
YEST&RDAVEI PROOZEDINea, -:-
tairairied for TkeTrieS.l -
o'olook yesterdaymorning the Niel Prins
Court room,-,No 4, was (worded to its utmost caps
eity,by those interested in the argument then about
to he submitted to judge Thompson, on the 'question
of Sunday railroad travid in the case of The Com;
monwealth ex relation° William H. Jardello vs.
Thomas 1. Stephenson, on a writ of habeas corpus.
The members of the bar constituted no mall por
lion of. the. speatators; but •thosh not of the legal
brotherhood seethed to manifest' as much in
terest in -the judicial proceeding:l al if they
bad been •or wore about to' be initiated into
that., glorious, companionship, Professors and
disoiples, of ,religion, profesSing bUt ntto-per
teething Cihristians, ttnbelleisirs, and infidels,
we're on hand, and- all seefried to' regard the
question - as one of the utmost importance. Ye,
noticed quite a number ,Of prominent, temperance
men, in the throng of lookers-on... Among these
was e*-rieliamban Bethnal ll' Ouneuigharnorbofe
COntelition - With the homicide of McCrory. so
McCrory.
known in this oomniunitY; The lawyers
.were punctually in court, ,with their cart-loads of
references, looking as though they were caged , for
the intellectual fray, and seemingly impressed
with the necessity of a vigorouti contest. A min
ute or two after ten o'clock Jtidge Thompson took
his seat . , and the court was called loonier.
Mr. Hirst said that be would call ,ft witness be
fore the argument was proceeded with.
Jeidge Thompson said he bad no objection to -
beetingeddltional testimony, although it was hit
uoderatanding that when the court adjutrned oh
Thursday afternoon, It;wall understoid that all ihe
evidence had been given in. This was one of the
disadvantages of an adjourniaent, and if ,the
other side asked fot a strdtlar prlidleko it would be
extende.l,to than.„ . •
A WITNEBB V7llolt THE OADS DID NOT Drerunn.
The following testimony wee then Wen: '
3411118 W; 'Newport ifilimed—l Wee at the meeting
Form h and Green on Sunday evening; my wife was with
me; I attended melee ; I went there in the care; was
not dist Mired by the emu, though .I beard every oar ;
sat pretty well nn; the voices of the sneakers were
rather feeble, though I heard them Meetly,
No ormie.examinitiOn.
M. N. h a Prieud, and of hatirde wore hie hat *bile
Mang( hie testimony. .a he retired he raid rather
etero/7—l made a retrofit not to be oall , d In thle bide;
I did not voliaoteer, and I want that noderetood.
/nage Ithompton. Let there be perfect order in the
Court room.
William A. Porter, Hai , said that the.matter.bafore
the court presented i tself in a very 'simple form. The
defendant. presented hie Petition for. a Wear ciiipua, ,
atd,on that wilt he ,sets to be diMbarged from the
custody of the law,: There area nothing to the form at
all unmet. - It was thing of wiery•day practice. The
unusual privilege; hoWever, had been granted to the
defendant of allowing the evidence on his side 'to be
beard; it was a privilege never granted by a committing
magistrate, and rarely by a wort of Marion. But there
was a priomple Involved in the cause—e, trietlpto, fn
the judgment of the spat er, eeoond to none in unser•
tench that bad ever b.en determined by &Supreme Court
of Pennsylvania. lie could not cot.telve of anything
that could be of mdtb Ifoportentie to the eitliens of
this • Commrinerealth• /t was one that Iniolved the
sanctity of the Christian &Math. - It wale a Wreath= to
determine Meier& Was any" regard to he paid to the
lbstornit map; atty,regao to, be - palktO the revelled
will of ed.} any inert/ to be paid to pliblid morals, or
ally reg rd to be paid to the law.of Senpsylva
Ma. Heretofore; in the Commonwealth of PonntYlvm
tie, the Christian Sabbath , was a peculiar day ,It had
thrown- around it 'all the eneetmente of thnt, gime.
tore. So •far all all obligations were 'concerned, be
tween man and man, the enaetmert of any contraotOn
the Sabbath day rendered that contraot void No' reed
or martens, or lust document, could be signed on the
_Sabbath and be,oonsidered valid An instance, which
all would remember, bad happened Ito thie State,
,where' a promiesory note was made out 'on Saturday,
hat i llating both wiped on the Sabbath 'dity, the Str.
premo Ootlrt held that its could not recover:
lan worldly..buidnese could be:transacted on that day.
This law bad been in force for seventy. dye yearn 'Nay,
mote: in the earliest dna of the ComorOnwealth, the
prioolole contained in the now einding la* bad garnet
earl" Into her rery foundation& 'No wonder that, in a
thuntry settled as thin was; nettled by men persecuted
for holding rename opinions of their own—by the
- fluattenott, the Irish; the Germans, the Mogi left, the
&with, and the Swedes; settled as' no - country had
everbstn isiztos the flood, ouch a sentiment should prep
rail. - -
The men ,who founded these coloniee generally,
brought with them two- principlee. Mist with.
out the Christian Sabbath there tan be no Pure
HO did riotous where or how 3ou would teat tide prin
ciple. If you staid ahoy him soy country on the fate
of the mirth where the Sabbath , was not observed, be,
wculd show yob s.docitatty where there wee no pure re ,
Ireton Take Prance—a moat illnetrilitut example;
Church in the morning, end a °wilt:tight, a theatre. s
berm ).race, an opera., r a ceneert,, In the afternoon. In
that be . initial Country religioh was entirely stathebed, ,
Take nations..Spein,. Italy, Vienna—where the
Sabbath tau the del: of public parades and - military
, speatielos, and you Would find that religion had gone
with the • titbs.th.
e he suood principle introduced by our fathers MAP,
that w ithent te • Sabbath manure rebgloottaero onadd
never bee tree Geverument. Just In proportion as the
Sabbath was oburvid by cOnntry , the people of teat
country were free. Take toe Government of Prance—,
a country in widen the 'taints lief, the nubile men, and
their philosophy had been exerted to overthrow tie. flab.
bath—and you would end a most templets inatlees of d e.
f POO am Take Spain ; Portegal,lo est Britain Ireland,
limy, and the United elates; turn them coned and
round, and' whereher you. hod free government you
find the Christian Sabbath. Tali won not a work of
God !CAM that Ina sheuld be tailed on to
assert sneak aidochineln the phrolneteof apttblnsAl „
,Thlaiktpy the Coa
-1 atination and by ;debate lawn bsd,blieu 'exerted to keep
the Sabbath a t:Oyster. Thin thing had gone on etnee
' Ifols, certainly since 1791, without oisounon.. All ,n - en
seemed to meant Stejmtice Mid propriety tooling at
the loose detente/es with which Europeliad been de
luged for sixtplve years, thli stellate remained with:
• out any or daring to tinker tt ' - '
,Suddenly a ebearent Mate of things le peopled. It
pleased Providence to permit no to be ideated with pat
longer railroads. He would not atop to inquire' into
the ransom of this, more :than any other evil, The
men - who manage time oorportitions, not c ntent with
nicking their dividends; tern pitilerophers ;hetes men,
Who know Inorethen hue been known for two hundred
p e sts; berstolent moo, who. dealring for tee poor man
fresh a'r, endcenly discover that sloes , '1706. Ind 4791
the poor men' heal not been eojrylcg the 'fresh air
Providence bas entitled hint to, and determine to any
him out to the Ando of our great theroughlaree, where
be eon inhale the frish air, or Imbibe something more
or lees etroeg, if ho desires. These men had turned
patriots in their determination to ammo the guardian=
chip of the peer men of Philadelphia. • hint their eyee
were fixed on the poor menrs half dime, rather thin a
denim to allied blot fruit air The argument had been
stied by the frienda of the Sabbath deed oration, that the
care would carry the poor man to church for • ilve.esnt
piece. Examine this - argument and compare •it
with The letter addresultel by James Cooper, prem.
dent of the Green and Coates-rtreets Railway, to
the Major of _the city._ That letter etpreeelv.deolited
that the passenger cant would not commence running
until one o'clock,. when people bad ceased going to
chirroh. Read the letter of-Mr • Cooper, and.. then de
termine upon the amount of sincerity in the argnineat
about carrying the. poor yew to church' ,They say they
can start their tore at one o'clock. Where is the eta-
tote that giros the poop o of tale city a right to one
het of the day Ind not aright to the other f ' One part
or the day we oan go to thumb. the other part th.y
can tun their am. When the wine king in the olden
time propelled to divide the deputed algid, the feigned
molter reaelly consented, but the real mother 'prompt
ei by the Matinee, or maternal 'see, was struck with
horror and dismay et the proposition. These ,00rpers
tions had no right to eelablish thie dirlelou ; they hid
no right to mime up this Sabbath empty to cult then
selves If thee+ railroad companies were animated by
the highest and bitterest snimnettire towerde the poor
min, and he did' not for a moment suppose they were,
they coal not atopt a better toethoa of (taming oat
their feelings.
Yon might employ spoor man to work for you by the
month, and Agree to pay him a carts n sum of remote.
ration, You. might sea him when hie six days , work
was done to labor on the Sabbath. He could refitm—
ent for his wpm, recover the amount in any wait in
the Commonwealth, and be protected in his right to
that day. • Supports these companies exams° their
worldly employment, end do business for the sake of
gain, cannot other persons do it tlantiot the merchant
in Market street open hie Mere on the Sabbath and
proceed with his business ? ^ Suppers the drayman
wishes to run his dray from the wharf, or the omnibus
men his vehicle, can you prevent himl Suppose the far
mer, the.b achemitl, and the tottomephmer wish to
mane their avocations by what authority can they be
prevented if you grant there pessepeper raProad *repo •
ration. the right to rite? Suppose this principle is es..
tatilished, and the Isom of a theatre, an opera-house,
or a menagerie, comes to you end soya. pay my It.
otiose aciordlog to the Imre, and I demand that, as yon-
permit these gorporatione to rpm you protectine to my,
right to open, my establishment ; next Sunday . -n
you deny, hese demands? Can, you stop thin defame
tton when once sommenmdi Tbte day- the , effort is
'being male to drive in the 'enteringwedge_ and Ood
only knows, where it will end. Weir° new standing cm
the verge . of an .almee. An effort,not'oentemplated
before hoe been' made 'to *mien Philadelphia into a
Parin-••••' to abolish the Sabbath and eetablieh a tenth day
of, reoreatten—and re parade a proattute through our
streets see (oddest of 'Rouen, for admiring mused to'
kneel before. , If this theory , Ire iMinsed, what may we
expect next Sabbath. or at beet within the course of's
month or two ? Not a repetition of the scenes of last
Sabbath, but inenitely worse. .Bril to progressive.
You never Raw a bad man that is not worm today than
he was yesterday. jin six mouths the theatres will be
open, the alums 'WIII be open, - wlth Jamie of meth,
stationed in them, lectures will ha delivered on varions
themes, and metered of-the day of quiet we now enl^Yi
the city will present on that holy day a scone of mirth
and revelry,
Mr Porter then proceeded to cite various authorities
bearing en the question before the court the Statute
of 29. Charles 11, enacted in 1678, - was the Brat law al,
tablirhed, bearing' directly upon the sanctity of the
`and
~It woes decal's. but a well-mean log, law.
and Eneland has been prosperous since its paseage.. -
~'Mr .Webster. Mr. Porter, you don't surely mean to
soy that that Maintain still in force? -
- Mr Porter. - No, air. I did not say so. I introduced
Rae a preface to e better low, 'that I shall quote pre
sently.- I would be shocked it a people that peered one
statute law had not parsed a better ode in the °Mime of
time. Lealslstion is promotes, a d geed is moues.
alveoli well se evil. It was the entering wedge in that
,In hostage It was produotive of good—in the
present age it to nought to make the yeseet law pro
ductive Of evil. In the Leeislature of Pennsylvania
during the year 1105, cosier the most remarkable ante
ever adopted by a legislative bidy wag passed, as fol
lows :
, the Lam concerning Liberty of Clonicience. ,
ri Almighty God below, only Lou or Cionsolenae, An
thor of 'and/rite knowledge, faith, ,and ..worship, who
Mial anti enlighten the minds hod convince the under
etandinim of people, in due reverence to Me sovereignty
'over the smelter mankind, and the bettor to unite the
Queen's Christian sublet's in interest and affection,
lie it enacted,' by John Evans, Esq., (by the Queen's
royal approbation Lieutenant Governor midst Wil
liam Penn, lira., Abiolute proprietor and Governor ,
In-Chief of the Province of Pennsylvania end
counties annexed, by and with the advice and
consent of the freemen of the • gold province,
In General Assembly met, and by the authority
of the same), That no person now, or at any
time herea'ter, dwelling or residing within this pro
vince, who shall profess faith in God the 'Father, and
In Jesus Christ, his only Pon, and la the Holy Spirit,
one God, bleated for evermore, and shalt acknowledge
the Hely Scriptures of the Old and New Testament to
be given by 'Divine loaptration ,• and when lawfully re
' quired, shall profess and dealers that they live poems*
under the, civil government, shell in any ease be me
-lasted or prejedibed for hie or her copeolentione peace.
elan; nor shell 'he'Or she be at any time compelled to
frtquent or maletain any religious worship, place or
ministry whale - ever, contrary to his or her mind, but
ahell freely and fully enjoy his or her Christian liberties '
in all respeete, without molestation or Interruption.",
-
.' We read with pride and pleasure the staiute manse •
eitejeot of slavery, so far in advance of other colonies,'
'and so long before the sueemetni tirade of Wilberforoo
for the:abolition of the loglieh slave trade. Ac Web- ,
atrr bad maid many years ago, when delivering a speech'
from the portico of the hotel on Chestnut street, admire
Fourth, there wee enough glory in that one law to ten.
far immortality open anypeople. We refer with ples•
aura and pride to our penal statute on the subject of
murder. so far in advent. of anything antlered by any
other State or Europe. We refer to the benevolent in
atitutione in Our State with equal pleasure, but the
Meta Or tea lines belted just read, co
r ed more
tally the eubstaime of religion than may other law on
the statute book. They oontaintid tbe,dootnne of the.
Trinity, a doctrine which has been the woof-stone 91
No'i o ijociszorreu
MU. ?OSTBR ' 9 ARdMIENT
•
ill &Me ' The eh of . 11115, panted a few days sitar the
- I Onetime of the %bore, weeendellowa: e i
. .,e-e. e
a. Ad td Rest Pain „Pitilab pion ' bar) or ot.s. th e t ' "rat
Dait'Of Ow vr. - 4.• .- , -1%; -
• - ~
To the end that e altimiple within th isproyieee rukii
Wftlitheigrester feeeedptiMeeeMthemeelvesttoeellglaee
end pious eserelseee%Belfeeented, &Le , , That': aciearte
Mg to the exemple,M,o6* - ilteltive Christiens,'&4 far
ether auto or on n•titar k linear Drat day of, the wette`
eoeurionly sietlithilundete all'iteople Shell abstain fcbal
101 l and labor, that whether Mattefe, event", dhildren,,,
emereate, et 'Witte they et eV the ben& skewers theale!
sets:" to reed end hear the Bali &captures of truth ',at '
Mane, end tie (Adept Mich apietlinge cif, &Belau woishi p !
abroad, as mat beat suit their teepective Persieselons
And that no itelesnian, artificer. wOchnian, 111boter, or
other person whateoever,"ehall do or exerolee any
worldly butoess, or work of their ordinary callings, on
the Orat day, or any partthereof (work of neoessity.and
ebatity only excepted) upen rale that every, person vo
bfferdieg Abell 'for tidy Offence forfeit the sum of
toenty shillinde to the Mtn of ' the peer of the pace
ttheth. the of f ence *es cometitted, being thereof renia -
'toted before any butt& "
There was anotner act passed in 1780, bat it did not
last 10ng... Bighty-otie years had the ' pronto& law
eitiatml, until It wee anpereeded by the law et 1786
Beght yearn after, the law of 1794 was enacted Wile
wee It, asked the sneaker, why wee it the la, of 1786
wee abolished on soon after Ito paertage ? There moat
have been some reason —Yes i and* terrible one. re
1781—three years after the pewee* at that eat—shut
Arrfnldrelyulsior, broke out in iltrandi Through 1790,
1791. and 1702 that unhappy country wetneeeed a fear
ful Reign of 'terror -. On the 10th day of November,
1793, the Sabbath wee, abolished, and, he Goddess , of
Reason was werthlppee to-the streets of Paris. Woe
it to be thought that the people of Pennsylvania were
. idle aperitetore to snob a teener- The news remelted
thie Stilts in January, MIL whin the Degieleture was
in amnion, and eerrylrg Mime" and terror to every
heart. If ouch a dootrine was permitted to prevail,
no mama wife Wee ears, no man's dadghter was safe,
De man's property vise safe. The moment the Bato
bath tree blotted. out. see Whet ensued ! The Legisla.
Mee got to work, and .wilb, grckat care. diligence. and
skill passed the cot of 1709. The opt:mate of the
Sabbath law in the& days were as anx one that they
shculd succeed es the editors of Sunday papers are in
,the present Robespierre. Karat. aneDanton thought,
no doubt, that the abolition of - the Sabbath was a
glorious thing. The good. people of Pennsylvania
were t etermlned to prevent the tiootirrence of any "nab
eaten iti their midst. They passed the statute of,
1794, and in doing eo found it necessary to change the
title—a cheese most remarkable arid , pointed. It was
not, es its predrourre were, a law to preserve the
senettty of the Christian &bib:M e hra an ‘• net against
vice and immBrality " If there Wee Seat I title Well
eheien, It was the title affixed to that law by the Lees.
Were or Pennayleinie.
Probeeding to another pitt of the ante, the speaker
Said be uodetstood tbd argument elf the counsel for the
defence to be, that the driver, might, with. propriety
brie been fined Mr ronniug_the dart on the Sabbath
This wee a very Ingenione argument, and had, no doubt,
bees originated by some person need to maklog diet
deeds. It is estimated that each of these me, when
ration the Sabbath, made $2O dear prat. We pay von
$4, they say, for reacting, and packet $lO profit, Yet
to Ma argument, they are d tree to the sdroteelon that
theihave violated the statute of 1794. Look at the
mote& of this doctrine Here is a 'earaiwatfon deri
ving vital ewers from a Commonwealth: The COM.
monwealth is its parent, and him written its charter
Upon' Ito ationteabook. Oa one page- woo the
aunrter, on the other the law of 1791—a law
pallid for salon, and aollren reasnae. - and yet this
Company, while noting under one law,. endeavors to
violate another.' What kiwi 'df PhiLeophy was that?
Does rho mere feet of paying a permit, carry with It tba
right 10 continue in wrong dining?, If a men goes to the
penitentiary and eemee out hie term of imprliennnit,
does that give him the right to commit the some of.
fence I. If a ,mau knocks the "peek& demo, brexklog
his snot, and miya the ilne„esn he repeat the Mime , 1
-It one man &dame a lother'manhevilte, andantino the
pertalli, dose that raise him to hie -former position In
society? 3lost aerarediy not.. ,This very doetriee wee
blown up by Lord Ho t hundreds' el yearn ago, for beheld
that a p .usity carried with it a prohibition, althea& It
does nat say eo He utterly and emplitatio ally denied
tee doetrine that the initiation of a penalty gives immu
nity to crime.
- The ground taken by the proeooutton will thie: The
running of passenger ore on Sunday is' a viol. tion of
the vat of 1794 and a brash of the peace. The effect
of the set rriey be ectimideted —ant, With reference to
obwohen • and &condi", with reference to families—
both et hem divine inatittitlevs, and loth of them
'recogrefied by almost inntimereble etetutee. Here in a
congtegetion afieembled ter viorehlrf. The lint to not
only divinely etemmmidee, bite it t i es the atoms 'sane.
lion of per Constitution, They have this eight to be
where they are,
and to do exactly what they are doing.
Themwere those Co the churches who rat there for
yearlong purposes; some, perhaps. only for mediae
i's hymns—that service of _which Luther said, " Let
- me make the Naiads of a nation; and I care nol
trto makes , Ste laws:''—what other purposes it was
.net for him to my. , Tee services of the holy
' starch were of a nature demanding - the , greatest
eolemetty The point of 'this - care, therefore, was,
that when the e- services Rare• interrupted It, wee*
breech of the peace. That, and that only, was the
ground upon ,whieh he bame bit aimnicent. to cenMot
a &lir bus egret& properly remilred peace: The preach
er hen the right to a calm and peaceful state of mind
while he towhee from the Inspired Scriptures. In the
visiting and pinging of the bynind the congregation has
the right to peace, 'l'bises au jmportete put of wor.'
chip Vie hembil of every seat contain its theology.
Children - mt the bulk of their inaletiction from this
source. , Lather understood this when he made his re .
mark about the ballads of a nation In the •act et
prayer, that le a direct communism with the Deity, this
peace whieb our 'law recognises in vitally necemary
In no otherlact Is it eo essenVal. i Rowel say if, seder
the law of eenneylvarda. a Oleo& . coagregat on hae
the right - to' worship God at all, it bas the tight to .
wethihth la that state - of peace without Whielvamy
- attempt ,al erorthip is - Vara if not irreverent. Tall
- ale wbethef a man who disturb' s' coegregatioo by
preyeetleg there from hearing the putoes Mum:Wee,
and from doing anything ales than thinking otethei
noise whieltle dtaturliicgtheni,te not guilty of ,a breath .
of the game If that 'be not a breach of the pewee in
its very highest and Motet , Perm, tired tell me Whet a
breech of tie pence is. opt' the religious iestruntion
given by parents tie their oltildreerat home, of which
- the witoeseae hive "pekoe, and - on Whieb the oatmeal
here dwelt at some length Let this defendant he die.
charted upon the ground that halms not been gnilty of
an letimett, of the pesos. West will be the melt ? Ink - .
pore your blieltemith oboes open your thesties—and
pine baler,teith: half iodusen French item—which I
/con make . * ,great deal of noise, like all wind lustre
-mutt—op-go on a Friedel. morning. Meat that be deter
mined byiNe c art es not being a breath of the pease?-
Whits were'the facts of this ease—one of the moat
"irdiforfant ewe ever heard in the country I The was
the turning - Point to the history of the Sabbath Math,
might ha said In &tattoo .to religion at home—end
much, tan s tided be anemial at. lie entelat ha told of
ithildren lerffateg the catechism, the Bible, andlisions
- .., .. : -,••• • tare. tad ibit' they'had - a Oilit deal,
right Wiley - a : i iitiVeravard - A d en tesrl . e i=
and had elbo aide& to do this without nolie."lt Vas
in evidenee that thy!, ear started,. come ei feveq"aros.'
and 'woe stopped by the ordeets orthe law. Tne dri.
'tor was wretted, 'A man In the car cheered, Auden
/tut wan made to show that it was Mr. Weetoott, a.
Mt, minx , . That effort fetlrd._ There was mob
nolee miti'confnatan. more then would have been bed
no car been there. The conductor came out cod dared
the
_ofecori -to arrest him Than' came , that awful
scene, the ,Danner of relating which by the witness
was rebuked by his ]donor. It wed malty one of tne
moat extmeedinaty ewes that ever happened in - thie
country. There, on what ehotild have been s peaceful
Pribbeth. the "Chrlst'ab doxology, "Praise God train
whom all ',Waimea flow," wee sung in: incekery,• and
amid the jeers of the surrounding cabbie - ;
The speeker then plebe& MI to cite &decision, from I
Blaney. 110; Mitchell re Smith, in ordeito Mow that
the imposition of e realty implies a prohibition.'
' :edge Thompson Yen need not mad it, Mr. Porter,
A Welty always implies is prohibition. .
-
Mr Porter. • Certainly, air. ,; • " i .L - •
Thet ' , peeler then cited the following notes and die.
cussed them at some length : tredegraph vs. Common
wealth, I 1 0. and R., 301. Commonwealth' vs. Dopey.
6 P L Tow al, 228 Commonwealth vs. Tiematin i 1
Plallivie Rip . 267. 1 floalte's Lewe 24 ,- Statutes at
largo. 884 ' Bradtord'e Laws of Penes , 84. Common
wealth vs lohnston,lo Hartle. 102
In coooleelon, Mr. Porter sold, that If be had Me
cardsdbil em raying tile view* to the court on this Ioc:
Portant retie:it he was content If he' had en mewl&
in entree/log the view of the Imodrele of thodeanda or
attune atom he represented, he ! had discharged hie
entire duty' If the &art, in view of the law. should
feel compelled to discharge the prisoner, It would be,
regarded ea 0.,e of the taeuleet calamities. .1.1, on the
other Ingle he were remanded,, no decielon had ever
fallen from a' legal iethuunt which would be hailed by
men of all clans with higher ed./faction mad joy,
Tho•sprech of Mr. Porter oencipied two hours fp its
dellyery,dhe Breaker elosing at the aortic struck tease.
' freisnou 01. DAVID WEBSTDR, gni.
My Webeterfollowed alt Porter, and said that he
proposed, to dimmed the ease in ha ,legal neonate
twee , , any ha was net disposed to follow ble learned
friend . mithe other aide in the wide range he had taken
la Ms a - *meet. It would not pre fit 'he cause of rail.
gion to • ,toe out the foundetion of the Elebbatb. There
are were,diverritleb views upon this subject, aid every
mite Melt decide for himself. All this nee nothing to
do with the quentiou before the court- and thee basher
arrealeihrith Much coalition& to the . Wee not to
&few Minnie is be swayed by the seeterian views
which hal been urged In support of the Censer pettish
who wend esideavorto enforce their opinions by mein,
of the kw. Christians differ as to the inetlttolon of
the Sabbath, and they even differ en to the day of the
week wtich should be obeerved am the Sabbath. Con
'tontine, then bat recently converted to Obriellendtv,
eatabliked the Christian Febbath, which he did not
term the Lnrd'a -Day, but which' he gave the heathen.
rah main of the Day of the Pan. ,
But Al this Is foreign to the question now 'before the
nowt. IMr. Webster had a Coon's respect for the .rell.
ghoul Miolone of others. but he did not wish beset. &ane
w!. p,p nu t given to a purely legal question. Ile then
reviorld the history of the ease, and Bald that the sun.
pie gelation won:, Is, these! charged correlatable before
the eloart of Quarter Seea'oea I ill the off meineharged
sashrine as. tinder the net of 2704, is a breach - of the
puce The Mayor has sesnmed that the meritenning
of a T way oar opoo Sunday is a breach of the peace.
and u n that sannoorion a man engaged, la a lawful
&111 Wee airekted white parading it in a milet And
orderly manner, and h.litto answer the charge of a
breath of the peace Mr Webster read the ant of 1794,
and emeended that It Hued a prairie penalty for a spe
eds -offense, and that the driver of the cue Collid net
be to'd punishable under th m eat [Orany other offence.
The int strictly deface the offence. and Jaye do We the
&is ty explicitly, and the law ehoa'd net ho itroteted
Co *oroplish easy armee! purpose. In the ( use of Buie
a t no Mawr, who wan a rented under ,the ant of
1794 Urn the charge of keep ng a tippling house, be.
carafe he sold liquor upon a Sunday. Judge Woodward
dectead that the eat of 1704 deed the offence end the
peety, and that a Men cen.d not be held for an elfin&
nod the hew which le not named in' It, - or , in other
wor tbat the offence &old not be taken from one
law ad the penalty from ano th er. . • ,
d
T aof 1803 specially provides that an offence
I
conk not be tried at common law when there wet an
seat:neat which fixed a 'smith penalty for the of;
l i .
. Webster &Mended that If Sunday travel la an,
evi an enlinistened public, sentiment, wilt corset it
It t public question, and lot us discus It io a public
nut sr. to town meeting's anti through the pre& ; but
do lot drain the law to accomplish a epeeist] nurpn , o
e question of whe th er a mere breach of th e law was
a '(h of the pestle, wee very rally considered by Mr.
t l ,
W atm., who argued 0-et, that travel was !specially law.
fhb pan Huntley, and Chat allwho choose had tho ri ! tht
to de in a ear upon that day; VOCOOII , that the driver of
th ear. If performing that duty in a quiet ant order y
in oar, wee Nameable only to the leer which inelcti
a a for rorkino upon Sunday, FM not for a orinstrooi.
Ic breath of the peace.' Irene!' 10 141011. and the
we. incident to a vehicle priming along a moot be con:
atlted into disorder. Mr: Wettd& read a number of
a to:oiliest to prove that a mare breech of the Seeds"
la to not &breath of the peace,. and he hunted that no
ode to the contrary is on remora In hoglane, Earthed,
oethe Halted SUNS.
go also contented that, ureter the aot of 1791 the
melt of the driver was illegal as hie offence wed, at
tie mast, bet working upon Sneday. If there wee
nitre anti contusion, the driver was not reepensible for
if nod he could only be held for the offence which be
Lad himself committed, without any regard to Cream.
emcee whine were not within his control. Mr. 17,
'intended that the idea of noise and oonfasien had
lien great], exaggerated in this ease, and he exp - es , ad
tie opinion that the loaning of the care under the
'rtlis of the company would not 1101101 any person in
Mr of the congregations along the route
ila 1818, Mr Andrew Agnew, a distinguished member
tithe British Parliament from &Aland, introduced a
81 In the Douse of Commons, which he renewed In
lea, to prohibit, among other things, the running of
emetic , trans on railways; but on the death of Wil.
lien IV, to that yule. and the oonerquent elseoldtioa
leitParl anent, the bill fell. Sir And.ewbeeeme a esti-
Oats for re-Cleothin, but failed to obtain hie seat Hee
hoverer, organ'esd a DabbetarinnmoreMent among the
Rotarians of Soothed, and by dint of publ le meetings,
tn1:0011 alai. spec:hen, pubileatione, ameehll the vast ma.
pinery which helps to make tomporaY" - publie opinion,
h succeeded, la November. 1841, en indu deg the rail.
stye In &tittered to mullet from currying pineengers en'
'Seeley. and to carry the mails only on that day - The
mils had owe eared to be regularly transported ou
aet day.' lint title victory was • mere conaproinine ' of
feted between the Glees represented by Sir ArvireerAg
litW on the one aide, and. the Manatees of the rellway
Innpantes on the other., Parilarneat had not Inter'ered.
Mills nrobtbitary reguletion against the a .rrylag of mis
users on thmatey, adopted by the .companies Ome
lettes, woe found to be snob a hardahlp up to the people.
ad no repugnint to their feelings and 001111 (*ono that
weeallopary sentiment immediately Ito wed it , 6lf. On
to 12th February, 180, the subject was brought before
etilament, and the Government 'eked to bring In a bid
i tempt I rail May companies to carry prelleDger Li no Son.
1111. On the tid or April, in that year, a hill woe intro.
need In the Conammus to mum to the public a limited
nd reasonable use of railways on that day. It failed at
fie time to become a law, by a vote of 111 to 132, but It
- -
was subteduently again brought forward, andpiedid into
s law; So that, as the lbw now stands in Inglani, the
railroad companies we compelled to furnish ware for San-
W z i tte ,; 4 n at oj i a m el t to ; ; :a .y . o2:7:..t t e op th .o e . w o or o liAt i s i t e p i e t a i ge o . i,
'it woe brougb t gado' se a Bahian of aom.'
- plaint„ rot,. Webster referred, in Odd riorineetLetaiini ,
~I.Cox on Babbeth Lowe," Edinbwrld , 1130 S; and
,2l.lmi on the Sabbath, page 219 ] Thte legieletion is,'
in harmony irith preview Bnglien atettitee, for,"bt re.
kriteria to Chitty art Collection, vol. 2, p.. 294. it will he:
fotiod'ihst the entente of 1 and 2 'MC /V, ego, 07,0
Weaned hadknetoosehes were authorised to Mend and'
At for RIM, end to drive the name on the Lord's day;
and rwai solicited that, all snob proprietore or drivers
ebotlid ." be liabite arid etonpetled to do the like work ,
of )he Lord's dap at ed arty other day of the Weak
And by other Inatome, palmed in the
_,rvign of the
prese,ntAusen _of England; in- the - year /Stec:the ta
of liquors In taverns and beer bowels, dozing certain
hours on FundeY. is exp , only eanctioned far the earbre
, ',fence of the public By statute of 3 and 4 Will IV,
,Inatlcas of the realm are .nuthoriaed-to order the limie
or stage - toadies and tattle during the hours of divine
!lefties tit &Indorse thAtiy 12 and 12.4ftti 8, 'Mermen
may ply on the Tralipesi bet*een Venthalimid Lime.
hoops . Our-cat ot. 1104 also, cinnelins an eiteetitindlit
favor of farriers. - Now, these pred.dentet inEa gland
are impertant,sliOWlng that the statutes referrdd to are
eraepttons to the wit of '29. Oberlin 11, oginodl.ll6)
,from which our act Of 1794 ta taken, ;rested from time
to time, as the needealtfai of /he people and the changed
roadition Of e Mire dennedtd.'not to prevent Present—
thane for hreaohre or the,' pesee'rtoe that never was
drealluedol) bat to care the peot{tyleilloted by the eta.
tote of Cherleill for mit lologliterdinary °ethos on the
Lordte ley. For hoe their efitiptidnel legielatirm been
counted to works of labor perforantall'on that day.
early tur Jamas the WO, a statute wee passed
which e anted tbit the pilbple ehanldMotf be forbidden
to indulge In what wad called ' , with ,meet mirth or
recreation es dancin wohery, leaping, omitting, Hey
golog, and Morris dandling " on the Sabbetb, after bottre
of Worship, drietide;lol, and Chief 'Justice
bawl., dieserning anthioni MOommonwealth ta :chat
eon, 2 AM Law Beg., 618) while , ite late as 11163 the
worklegisien of. London .petitioned Farliameet to
uthorige the Orytitti Palate to be o ticked on 2nmisylt,
and the prayer Of their pitation, I believe, was mai:Midi' 1
bat of that I San cot eartaln. By a atatute of 3 Charles,
uniatoful exercises or pastimes are troll toted under •
penalty of 3s. 9d But the elementary writers on the
lams of Dosiand lay it down that this statute dote not
prohibit, bat rather , Impliedly Mimes innocent recrea
tion or amusement even on the Lord's day, alter Divine
Barites in over." Black's yol. 4p ; 64,.
It is olyar, therefore, both on prim:sip% and on chair"
ity, not only from the sots which prohibit smarty em
ployment, bat from those widthpermit it, that the
penalty, incurred 1 hy a violation of tile statute is each as
that etatnte may ordain. and has never been treated as
a c r iminal °Menne, nagoltable in tke &Astons. All too
etetutes punish the 'aeries by - a there floe. on sum
mary iontiation before a Puttee ' And It cannot, be
doubted rhea hid passenger . railways been known and
used in 1194, and bad they been at necessary then as
now, thew nanclog ;on Sande,' woUld have been ex
preesly partitioned by . tfie Lrglilattirtt, in the same way
as they awl:met 41 fir Betake nerd, dot any other work
of necersny tr charity to be pinforraed It is Well
known that Chief Justice Lewis and' the present Attor
ney General of the rafted Engles on:warred In the
opinion that travelling on Banday use not a worldly
employment or broineui within Unmeaning of our set
In ftuit. - the point hi expressly decided in Jones vs.-
Hughes, S 13 "and 'end re.aillemed in Common
we.ith TS AbILMOTI. 10 Barrie:" Although in ,ihme
cas e it nal held that the transportat,oo of rem:Man.
dice or passengers, as business, was a violation Of tie
oat of 1794 in Murray Vs the immenorirrealth, it If ar-'
ris 570,: this court- may be said to have qualified
-
their previous deolerons i forla that case th .y held
that the &boy - Pall Oacal Company were bound to keep
their look gates open on Sunday, , andl the lookkeepses
employed to attend them *ere not liable to the flue
posed by the act of .791, and Chief /dance Lowey says
m his opinion. , th at it has never been considered that
the occupatton !of gatelienpere no public highways and
Toddies is Inolnded 10 the Sunday, laic.
The constitiitiOnalityof the case hoe been deeldedbe.
fore. In the _Pittsburg omnibus case tke_court did not
decide that it was uneluetitutional for the omnibus to
run on Sunday, at bough the driver was fined, cod I be -I
hews the ortimboastill tuns,- -
Tho Judge I think that was a mistake I was up
there last winter. "and it qttired as to the time Of the
race, but I was told the , it hod ceased running.
Mr. Webster remarked that the Judge had better op.
portnnity of knowing.
Mr. Porter. Th.y do not run „when Abe Ettpreme
Court fain seirlon, ttestighter - • -
Mr. Webster said, is conolostou, thst he 41(1 not
design going into any, argument- uposs the general
Sunday question. It is. however, the question of the
day, and it lit agitating Cr people of New York as well
as of oar oda diti. tie did riot desire to loteiferowith
the Sabbath; but there wee a rllfferends of opinion to to
whether the day should he spent in pdaltentisil gloom,
or in praising Almighty Cad while enjoying intim/al
recreation, -
The speech of bfr. W. °coupled about &whom. Wben
he took file neat, be was followed by William L.
bloat, Ned.
AttalnfitT 'Oll. WILLIAM L. Milk'
May It plant . . you honor, this ie ooe or those peculiar
'sea - periodical *darts to establish by law their religious
impressions when the aid or the legal tribunal Is in
voked to steam that their conilot Oos of what to right
and propes ehostld be =atonally regarded, at, the well.
settled layer the itad After a fey prefatory refit •trke,
oo the anbj let et railroad travel 1u general, Mr , niret
alluded •to the tear that in isho tits - stockholders of
the Pennerliaiiiii Railroad, When the polls, were
pen fel' a Month.; agreed; by • mej miry of over
four hundred voted, to inn iheir mall and pamenger
can on Sunday, and that from tfiet •titite td this, they
have cautioned to do so. for the groat com'fitt of tinny
whites net:belittles compel them to' navel - from one p
oo to another of our Commonwealth. Notwithstend
lug this feet, Buoday ban net yet been atiollihed, nor
have the people, as .the lamentations, or Me leaned
Mend,' Ur Porter, would '
seem to Imply they would,
edsblishod &tenth day, and elevated s prostitute as the
40:dese of Reason. All theldesolation and utter
ruin pictured by the imagination of the gentlemen
Who but onsets the ewe to the CenelderatiOn of the
court, bad not yet , ensued, and the great probabilityis
that they never will.
Petty years ego chains were placed across the striate.
in front of the churches to prevent Sunday travel, but
publlo opinion Mifthem down, and now the Mayor !seeks
to re erect them nod pubno opinion Will always put
them down. Mr. Mint said that the persons who van
the ome on Reader, a week ago, are not hare helms the
court. et d we have nothing to do with them. -.The de
fendant It charged with having committed a breech of
the peat* in running • railway Orr on sudsy tart.
' The oontrany who employed the defendant did not
then, and do not now, intend to run their care on Bitn
day daring church' service the defendant intended to
wale by any churches artileb he might pass._ The com
pany las regarded: the auggiettone ut • allleteone, end
old not run their darn donor the church envie.. The-
, Ootilto svesaee iu Root of ohurohee are iiotsiippoeed to
ba den •fi *plot the pee,nge of any mehlole_on the
fiehhetti. 7 The somplbtoonte ant that the public *we
t; • es
rte 41 lehikl.b, - <doled otufredey. ,
_ -
&Won le -a *Mirth situate over'rinty beet rem
,the
public high w la aboard. That there um have been
in intenuon to have committed a breach of the &see
before the defendant can be convieted of the charge.
We' are not dismissing the legality. of•the 'passage
along the e led of a vehicle, or of the presenne of the
crowd at the tone of the stoppage. We cannot mine
Mr Jeardello of the sot of another, and that act caused
by his red We late riot referrirg to the alleged cheer.
tog or singlag of *hymn; Mr. Jestddlle can hardly be
held responatble ter *bete.
Judge Thompson. 'ion may take that for granted •
Mr Hirst., I. do, atr:
Judge Thompson Yon may do so, tie, on your own
responsibility, because I differ from you in several par.
teeters. A persoo may be responsible for an ant which
raises a crowd and creates a disturbance.
Mr. Porter. May it' please the Court, Lord George
Gordon nearly lest hie bead for an not of this
Mr. iffiest continuid, eaylog that he mistimed teat the
driver could not be reep , nsible, for any act which be,
could not foresee and did not cause. I mums that if
the car bad proceeded, there would hare been no Ma
o der, The driver and coot motor had not in any way
rovoked the dlool4ot, and, in my
. voser, they are not
rue oonsible:
The speaker then took np the Mayor's letter to The
rhlef of Pollee and went on to prove the Illegality of
the order contained iu it, and Its eepaclelly unfortunate
character, in that it WAS strandly provocative of a
breach or the peace. Re would take up the matter
under four head,: Pint, what la ,the act done by tt
defendant ; second, la It forbidden ; third, what IS the
penalty; fourth, to not the remedy here asked ma
takenf
Now, there le a Minority of well.msaning people in
the community who rounder that the Sabbath anontd
be kept qaiet grave, solemn as rt. - grave - laid at m,cl.
night ; that the telling of a cane or tide tapping of a
ham ce. on a window of a church al.turbs their reef..
fliere some little doom/ion ensued between the Ittlge
end the epoakei, se to what was a breaoh of the peace,
end whether it ehould be tried before a jury. Mr, U.
donned all kinda of 'steadies of the peace, train tumul
tuous aesetablaiee to 'unlawful affrayei sod avoid that
the defendant was party of no' begun of the peace cr
other aloes Whatever Ile then manned j '
was going to say that there were alt Ilene of people
in the coMmuulty, and theirldmis about Sunday differ
rery flealdee those vitt t wick Sunday tobe
there are others who like to, go out to , the Se de and
woodelont nreatbe (lieVir free alr, and fled alien:non in
every tree, to every ilioWnr. Now two Mauna
differ in that the fleet with to tome, their opinfone on
others, vrblle the woad clam •do not The only way
these, two Merced can got airing is by agreeing to let
oatili other erjoy their °et/opinions in perfect freedom.
According to my learned friend. [Hr.' Porter all the
col:meant of Surepe le condemned because they have
no Sunday lawi each as the one quoted. lie enema to
meet no Preuelimen,Portunnoee, Spaniards, or Leaman,
when be gate to Heaven. [Laughter.]
klr. Porter I never uttered shah noneenst. " -
- .Mr. Hirst. It la a lair deduction from your argument.
Now, f ask my raged Owlet whether there wee atingle
nalektut indication wows this ~.r was passing along,"
until molested , by the pollee? I_ think the Court will
say there win not. 'Noe wont "difference in there be
Moen the care passing along sod this , carrisgea which
wheel oar eblemn leunday-keepum people to chorea
What d &ranee le there between a wheel watt a flange
and one without 'V- Very little. And the dietinution
between the running of therm care and traveldrig is art
Aimee to be elibost,
the speaker neatened, pretaing bin Prat point at
length, end then took op the errand. • z Was the not
of the driver s f.rb.dden acct He maintained that
If he could god that the penalty ftr an Mimeo such as
this was provided by another statute, it would be elear
that the offence wan not, a breadh or tee, peace Ea
n , tdd tile none of The Commonwealth re. Wolfe, in
Which this very point was (nettled, nod the mode of
procedure wax declared to he different. Whenever a
statute taken hold of en offtnce, it dtsappeara heat the
Common jaw. And to the tone or tote, ,my learned
Mond asks the court to send. tuts ones to the Qiiarttr
deeelone avid impturin the daniodaat tor an unlimited
period—up to seven years •Imprisonment event The
Legislature his said to all the world that a certain
Way le the proper One to pcUISOSULO to recover this pen•
aity. and shall I set to work to arvie so well•eatab•
liaised a point f
My learned friend will allow the people to walk, bat
when we ask shall they not me four wheels t he saya,
No I
Mr. Porter. I said nothing of the kind. I said lot
them go in each a manner at not to Interfere with the
liberty of others
• Mr Mint. That to to Nay, about 50,000 people than
go in carriage!, elide the rent of the community must
walk or stay at home.
TOOLO aro *arena canoe to which the fitipreine Owirt
hoe held that the remedy for an el:ranee like tbti was ty
the'iew of 17914 one case wen th.t or a sereeth day
Deptlet
,t outlaw mite wait that of a Mr. Omit, of Bar.
rheum) another wee the Pitushu-g own bag °tie,
watch la identical with that now-before the onnrt
another cue was that of a leek-keeper on the Bohttyl.
kill atrial.
• The spealcdr then , went on to argue that the pre
gent kit Wee utterly aVatsken. llm /214rael friend
hitd made England an skeeptlon she has true religion.
now, I litre cent for the Loadoit Ttm,a , of the
lot Instant, and hale copied from it come iiiirertlee-
Moot,
MF. ilirot read the following advertigetnente
Witotlay - travel In Euglar.d,:
Obese nuaday -Exturtions, by the Boaih Eastern
Hallway, 0, Ramegate. Margate, tee., at 8,35 A: M.
South Western itailetay.—inuday Exeurrion Trolne
rite every Mioday, from Waterloo Erirge and Vann
Bail Stations. at 1 .45 tt
. .
Epsom add Leathei head, wad by Omnlbue to Boxhill
and Dooking. Train run daily.
Brighton.—Expreaa Trains leave Loudon Bridge at
2,P. M.
'Citaat Wisdom Itallway.—CheapExcursloo to Strand,
Caw:wearer, eqd Oheltenhane. 00, Sudsy, J 97 3, from
raditington so 7 46 a, M.
Mug to mad Betk—an"da.9 Morning at Eight o'clock
—Le'hyte London.bridgo Whart—listnrue at half pot
Three.
Thespositer at this point cited several eases from a
'Test pile at law boots, and commented upon them
forcibly and at great length.
The legal argument occupied cocciderable tima s end
eiltimod a most thornugh reemateh. M.. Hirst then pro
ceeded to comment upon the smelt, and contended that
thine was no orient* In law; or founded In fact. The
Mayor, on an ez par e miasmata, made riot under oath,
Issuer the orders that have been re.din ear beeries t
and the ofiloer PriMetdo to arrest for a breech of the
eace, without tne pr,duction of wertait, and upou
hie owe vie*, a ottizeu who wait quietly Wind
ing to a' legitimate uosOpanon. •
your Honor
Will not dedde that. the neon hundred pone--
men of our city a e Tested with inch extiam
dinery and illegal authority. It is the /nuance of ab
surdity to 'Wert any such mOnstroue doctrine The
people 000 go when and where they please to worthlp
God, and tteitigh my friend Mr. Porter cows to be air
the opinion that tree religion olnaotdvrell in the midat
or Nature where every aarrounding is a memento of
creative Power and Goodness, yet there are theca Vett
eincerely and religluualy worship away from ill sight or
0 entire , '" i art your tionor whether this rale oad
company have not been actuatedi by the very best of
motives; that'of benetolonce, in their Meant aorta of
the gulled of itandstirayst saltines e. I kui#i-itit
• Obrietian. sad as a patriot. whether, in ministering to
the '4,4. 4 Of thisieboring people. tat ,attendingsvam to
011 most eiglitdeeinh of the worshiPers, they Were vets
peeornalig Pnctiiii . .
Wile dir,,frtend,'ltr.,Porter, disturbed while he was
'disking his 'speeoh;'hyithe rap:Alias of the carrleges
'isneitarte ndteldeT i s :erten:ay mit; lad let the notes,
paste tee" }Ames pester than that whteh fe corn.
plained hr. - . We sire *Otto ha told here thet the aelleet
tog of , the'eur lonenroted was our set ; for it was caused
'by thee* people whe save Dates that *bey would slap
the ears - ..need nut dlerwei Whether enThedt
eheered, for a inbeidloate policeman contradiite rs
genet Orden this point, and this evidence is backed up'
by eleven other witnesses Al! the disorder that , did
onour, was while the Oar wee in possession ofithe po.
Ilse.
- 71 r L.were to write_the history of it people, r. 15,114,
.ait leek tolleeir Imi,books, but 10„ their manners end
ougtotne Ifol4l „IT the ferinerfoture readers
e had MS firiiwOrke on the !fourth
of hilt - teitt-adf-ilkilif • MOB Nears - tier
_passed, &o.
Wetnugt athribitia.le *metering ;froth old.laWs, made
120 0 0 rthfilisSiellittelt of, she:Present to a Pmwreisieu
eptru. _Titeubot yleldel Sothis ,reaeostable
converilserma and, impress .of the, times ,The. setal.
Ottarlea ll'•iihorit - whfah4o - Much said to thee .egse.
was a etrange law from a strange monarch: - He neter
of:nerved the Bebbetki probably thinking that the k ng
can do no eirong.
ITudgelloonipeckft - Agri a legion fitott the PrOtector,
- Lguirliterti ' -
Aftef nfew. genera) pletervatione op the reign of ;hie
monarch, IlliC•Hlist said that the orderd of the, Herr
referred solely to the running of the tarok' " the thick
ly:Witt>, ipertioes • of the city— Vence: we are ie. Infer
,that the sanotity s otthe Aar& Is detive4,ftem the num.
heaves lo Its Monett... ftsmetttsf.l Could the
Pollee
, ge. Co the rinthig oillese, and arrest the comps.
sitoris - engaged on Ponder , in- preparing the Caosr far.
Woodsy, on • a charge of a breach, of the pale, Cer
, Minty not, and your Honor will soy so. In the lower
coartf Judge Tuompton smoretairdepided that the cry
ing of aewepepere on Sunday was not a breach of the
esape. - I &Intl know -how tbat ,sotnerity grill matfett
here. Wear now lit.the nape*. realms,and expect PM
it align. tfeinghter.)thaffreferredlp the run
ning of the core on the tfOrtli - - - Pennerylvaida.Ballread,
"tied On the Germantownitailmed - Mi flunday, - aild gee&
tinned how- that act °mid be puerilely •eonetf° B6
into a Iffeseli of the peons.• ilea this Minato running el
the *ere retired up ohlivophy to the pleas of religion
aid made us worehif the feeolfill 'peostitate, that.the
lamentations of .the other , sido" Invoke from the dim
future,?
~ , , , Ingland got along very well for fifteen hun
dred yars without a -prohibitory law on .this tiubjrct
and no such consequendes Conned, - It le folly to argue
se had been Mine; tor under the sat of 1794 It had been
clearly established that the following of worldly em
?lament, was not &breach of - the pesos.. Amen oinnot
be panislied bj Cling • Penaltyttuder another set, The
Pro ° o4 t lo ° Wird tbeite a single instance of w breech
of the posee es declared under this, cot, -Is_ not tble re•
marlightel hoe been held. fierier the•Wmgiiiii de
-Melons. that His lawful to travel - on Sunday; and el:a
lai'', fadiowlly determined in Pennsylvania • ""
Leith!' defendant be diamlesedi and I smears, with
the livrengeeteuto 'Made by the Compnui, t meets will
not dletnro those who are not oiliest) of the coogrega.
'gibes Of the e,ty •It to dot fair - to the fi , ople of Phila•
driplua to coy. Mgt they Cannot be traced with these
conveyances, when:l show that ' ll) other oenntries, the
pee 'le are. Steamboats run, end there Moo breach ci
the payee. Why - attempt to strain a point here ? Is
the manning of a carriage a' breach of the panes 1 Is
eta bream. of the peace for. the barber to work on Sun
day, or the drug More to be _kept open, -Let no trine
+hut attempt to enforce oar opinion against others by
Lbw. - Let• us cessethie elbowing fin the'paths - of life
, Let ne be tolerant , and more so , thap we would be tin
der the ant which Mr. - Porter so mush landed, aim
which, while it erste of foredoni - of conselence, ,
denied it to the re es, 'who' were °Meld., of its pro-
Malone. ,T
• In concluding his .able effort. 111."Hiret spoke - with
much feeling He said that f f the ears were Wetted to.
run; within thirty days there' would - Nino Ones Im
posed, for the informers " wonid be wanting:- Pub
lic opinion le agatnit 'het ,mtserabie , Mass of theMito:
'mann). I willuot take the Word "-pear people' from
my learned Mead. - _:Wet are sated why they arena Ad
deo free. The toll', g rosmISA, , who emnefront the *reek.
'ehoPa; mid - the aewfor,Vmmen, from their- families, to
oaten a breath of God's free air on Reidy; otraide of
file'beated maims, walled, in-by Wets ,and MOrhar,
are not planners. and thee don't want to ride tram. They
[day not have the money to patronise the Beery stables
nor the strength to walk to where Aber ean recreate in
peaceful eij iymsnt, bat they can Wird their half
donee, and (eel therneetvee recompensed. by the
attentions of the company to their ,ptivei.
cal neceesitos. The public parks were not mode
to be used only by the rich who can drive in their car
riages, and policemen ought to know co. They sre •,nt
lnieenntrlee of the Gospel; their stare ere as different
from the Star of Bethlehem as mei that revolvers, of
whidli they so often make in unfortnnati andfatel are.
The speaker booed that a uplift of genermia toleration
would orevall, far fanatcel attempts do mare than any
thing Mee to injiim the mesa r elision It can utter
warfare against humanity, and should come of its over.
zealous devotees seek- to make such a strife, thereat
prejudice their clause and do harm only. He tome that
his Honor would decide by the law as it is written, and
that wee all that wee desired.
EMMAUS/1 OP E. L. OLMSTEAD.
_ At the floneltudOn of Mr. Huatia sp4selt Mr. Qln,e end
State& that heti:mild address tile Court" lint briefly, se
there was but very little tine left before the adj turn.
meot of the court. He followed In the_tame Vein of
&moment as Mr. Porter.
At the cenolueion of the remarks of Mr. 0., which
were neeessivily brief, the Court _adjourned_ until ' ooe
o'clock-U=4,y, whittr_a decision Ida be rendered
/nage Thompson.
rHE LATEST NEWS
BY TELEGRAPH.
LATER FROM MEXICO.
A Conducts Robbed by en. Rftigineia
Discovery- of a- Conspiracy -fa the City: of
Mexico to Place MarCueza in Power.'
lifaiquezi -beelines In favor of Santa Anna
Insiortlnt't:heicrein Ofirslmpel! Policy
DISCHARGE 'OF HIS 'CABINET.
The Church Party, peelare in favor of Marqueta
nieace rater airvloes 7 . from ;
General Marquees bed robbed anonduote, W h ichho
wee ea state Mont Guariajuita 'to .13an'-Blas,'of
$600,000. - -
A conspirany,bed been discovered in
-the city
Mexico,of having for' ito Obje_ot the:eleiation of
Marquess t o - power. - Marquees: bad subsequently
declined in favor of Santa Anna, at Guadalajara.
Miramon had-made. a complete change in his
Cabinet, in consequenoe of- his intended Agog.
of policy. He intend's' to recognise the liberty of
the press, to grant:art" aninescy , - poGtiaal. '
fenders, and to partially confiscate the' property
of the Church.
The Church party land declared for Marquess.'
The latter wee at Onadalejare, with 2 000 men.
•
FROM. CALIF-6R-NI.A.
Dl* 'PEHVAINTRPEC ROUTS.
e 2,200,000 in- Gold• for New York.
DEPRESSION OF BUSINESS
T'WO F..ILUR .IISS.
Nnw Onczaws, July 2t—The Tehnantenee
stemma. W. if. Webb, from lidinatitlan ma the 18:h
loot , has arrived below, with Calif.unia advice:.
to the etb. . ' '
The steamers golden Gate and Cortez left Sat
Francisco on the 6th for Panama, with $2 200 000
In treasure destined for New York, and 900 pat-
Ite er tusinese of Baulrranoino continued depres
sed, and two 'failures', involving a coesiderable
amount of Ind ebtedneta ; were &ono unced.
The prioes for the leading gentle bad a downward
tendency. Monpy market was Qui.
The advice!! from the MiDO9 conduit') faverable. ,
The grain harvest was abundant: " • '
The natinnet annlvereery wan celebrated
thraughout the" State with unusual enthusiasm.
=IIES=
WABntNa;os, July 22.—The President has ap
pointed J. A Cashman, of Mississippi, minister
r) the Argentine Confederation, in the place of
Mr. Yancey; resigned.
Arrangemens have jest been completed for the
publication, in this city, of a nolitieal and literary
- myosin!), to be called. the National Demoeratic
Quarterly 'll.moiczoi under the editorship if - Cul
Tamils B Florence, - of Philadelphia. assisted
eminent contributors It is to be the expositor of
the present, and all future Democratic. Acimiula
trations. ,
"Mr Barringer his formally deolined the Gen•
teal Amerlean mission. Iho opinion is entertained
that all the pending questions in that quartet
can be adjusted by a •properly qualified represen
tative. ,
laic despatches fretti'Mr; McLane, the Mexican
minister, present no striking or interesting, tom,
in addition to the.newspaper aeoottats.of Mexicaa
affairs already published. _ ,
Wreck of the Yacht Roslyn
New Tuns, July ~F 2 —The bark Golden Rule
arrived this 'evening fro 'Amilnivall, having an
,hoard ,the crow ,-and, patueegeva of the yacht
Roel.i , n. from Lake Pontchartrain bound to this
port. The yacht was abandoned is a sinking con
dition on the 11th bet The crew were saved
thelthip St. Relena,frano New Orleans bound to
Liverpool, and transferred to the bark Golden
Rule.
Arrival of Mr., crioaie's
.Remains.
BOSTON, July 22 —The remains of the late Mr
Choate arrived to-day from Halifax. The funeral
is to take plains to-morrow. A meeting of eitiz.n.
was held to-day at Panted] Ball, at which resoles
Hens were adopted, expressing sympathy with thi
bereaved family, and - requesting permission to at
tend the funeral, '
..NotArrivol of the Notth Briton. -
BM(); July 22.—A despatch from Patbm
Point, 'datei 8 o'clock P. M., stated that tbe steam
er North Briton, expected. there with Liverpool
dates to the 13th instant, was not in eight. Since
then the line has been. interrupted- by lightning,
and IS now oloced for the night.
Postponemint of Executions.
NEW YORK, July 22—Stephens, for the minder
of his wife; d'arpherd, for arson; Appo, for the
murder of his father•ln•law,- were all sentenced
for orrecntion, to take place to day. By exceptions,
postponements, and reprieves, the life lease of
eaoh, has been prolonged, and consequently no
exeoutions took place to day at the Tombs.
A Boiler Explosion.
WORCESTER, July 22 —rhe boiler at the wire
works of J. Wasbburne .t Co., in this oily, ex
ploded to-day, seriously injuring Els persons
From Nan It), Fe.
Sr. Lortg, July 22 —Santa Fe adviees of the
4th instant have been fcoeived at Independence
the Indians, previously reported an being seen
along the route. have disappeared, and their where
abouts is not known. ,
Markets by Telegraph.
NEW ORLEANS, July 22 —Sales of Cotton, 0
day, only 200 'bale's - at lids. The slaw' of the
week have boon 5.000 bales, against 2 500 for the
same week last year. Exports for the week, 7,600
bale)+, and for the season, 1,700,000 belts; the re
ceipts ire 100,000 _ bales ahead of last year, aed at
all Southern ports; 600'000 bales. The stook in
port is 31.000 bales, againat 21 000 bales at the
eame time last year. Vane is dell at $4 75a5.
Coffee Ls dull at Ma for Rio; sales of the week,
5 000 bales; stook in port. '24 000 bap against
21,000. bags at the same time last year; there
have beau no imports during the weak Exchange
oultindon, 1.091a1101;:billa on Now York, laid ;
eight bills d+l premium.
CINCINNATI, July 22 —Flour is firm at 5585.25,
Whiskey is Arm at 210. Provisions are unchanged .
- ,
Wilt#79 7 'Hijai
, --PittgerenteisuseeMeseljompaujr, num bir , _
'nieu;reiffirkedlieuixtv.intbe New - -
:Yea trahrld.eirstithourstit - ettliallrlaster•bina, -
freill theirlri to,Ftlagare, Palle-Buffalo, Hew York,
and interatedi,eteulecea c They.wereetwatananted -
by Pompliaireettrita.; , of Ttitytooolvad
- tho atmoist attetitteirlietit ititOtteitifti aud-nutbo
rlties,rifiher=differicitplatieettit'f-ilaltedstud - every
hetspitalittwasTeitenditt , te lint a
pleasant one‘:,:-L.,,A -
The firemen of ouraity Made sztenstiararrange•
mete to sheens werdiatriCeption, and word
ing], the Oolnmit'er, America _
and coornimiett„with their,steene engines
and hand ottirleger; and' therffibey - lkill,--West
PhiladelphieitioodiFtitentt Kensington and War.
Tea' Hasa .49010paial05, turned oat - Witt, their appes- -
ratuktol434 In , the prooessionw-zittiveral bonds of
music were engaged for the, dtemalorrOtifi ts pro- .
dim& display _of fire-aork.S, trandpatemdes, and
torchlight& added to theit:stittbif-theirtsust
• -- Upon their eay-al, thetr Persiverasteic,boys x were
ism:fitted np ;Wal ri nut Irtititoltligth . , - -uptatit to.
- Obtiatinit, and dtkiiiHkerfipirete r ltront and Walnut.
.(It this point; Under_ the - dii*lattOtatt. H. A.
Cook, eels Hibernia'obiDlA4 - #.oltrefillttralatt
and - ambit - id_ by Thempectiil (J.-Oomixtinge, -
and John Sturgis, the line formedrind'prooseded
over the following_xoatel- , L',.. - •
_ Down Frontro SpruWap .PPrtree.lip-Wtai, ue
taiga to sfeline, np Brehm to
Third
to-Chestnut , thence to ICghteenHW*g'gh
teeDtrft'Sprtee- &ki :Mb
to Walnutop,_alratla Twelfth, Up ?ROM to
Green, down Green to Third, up Third-to Girard
svermei down.; Girard Venue re...lrankfcid rood,
thence tbri t 9 -Maiden. - pp Maiden 'to Front,
down Front to Brown, up Brown to Second, down -
Second to Quarry. dad up (harry to the house of
the-Perseverance-Hose hire they eve. -
rited - at a late - heir.. - - -
_The- trreoesdon. , wee, a . Tory- Impeeltte one.
°roe - di - of - wapiti collected at various potato along
the - route - end ,trneered them most enthusiastically,
which, irittil he reception of their brother Branum,
moat have- been xhighly,, - gratifying to-,the, Parse.
verancecoinnany, as evincing • the respeot enter- r
tained for them, and formed a pleasant termina
tion to a visit which. from all acoonnts, - must have
been a most delightfulandirgietable one -
Ac the procession p,assail the Perseverance Hosts
!loam, a yottbg then natinid - Belsterling, engaged in
firing a pistol, had hie hand shattered se oadly
that it is leered amputation will, be necessary. : •
-: Biters liEntimost.-Ttro persons, named.
William Pearce and W illiam Holmes, bad a bear
lag yesterday morologrin the charge Of slat -Both -
of the parolee are Degrees. It seems-that there
are two tribes of negroes, known as the wrearl
streaters" and the t , Woodcocks." Between these
Mans a feud has been existing for same time. On
Thursday an excursion was given by the Satiday.;•
school at Ftfth'and Omtesstreets, in which a uum
ber of the "Woodcocks" partiolpamd On the
return of the school, a number of the
streetere" Madden -- attaek_anthei Woodoitoks
and were about itieeguratiog a verypretty quarrel,.
when .Lientinint - White - and 'some' of his *Meer&
mootteded in 'dispersing ,the bends, and arreeting
Pearce and Helmets.' "They were Bed in then um or
1800 to answer the chatgtat_courf. _
HOBE Caitaxeil itrisseican =The hose - ear- ,
riege.. - Commonly called a spider," belonging •cr
the Hibernia Steam-Engine, Company, wee Se"
dneitPto - a wreole, -- yeetordayafternoort, - -at eighth,
and kpruee streets,. ;it seemether the bones
were attached to the ' , tit - Oder" for the _purpose
of, dragging ;it through the etreetr torget the
running gond:hi:toed ,wiiiikiktilitair,*On Spruce
street -the - ihorties,beeisno. frightened, end:: dashed -
of at a:furious; rate:" - - - When they-reached the
intersection above rmentiorted: -, .thes - carrisgei was .
, overturned and'f ataiipletity 4 dedielieloil4 The
driver was ihrtiam- witht,tome - -vlolenee to the
ground, bitt'e'sititied anfeeri6tis injury. • '
SLiouT • Frax.=Laat! . .evening, about nine
o'olook, while the line -of-the firemen's Droosa4en
was fi asHog - In the vielnity . of , libith and ebea tut
oreets,..there.was an . Jtlttrm of fits, Iron:LAU State
Elenze.: - ..: The alarm was ranged bf-tlidtterniag of
the third story Of the workshop ofMr_S. Fries, on
Market street, above Eighth; tie 821: The Origin
of the fire was traded to a small box of Oharaoat in
which a spark had -- neeldentalljVledged,'- - Theta
nage war triding, severallicur companiea being
earty„ on the ground, and performing very'elliolent
. -
HosPITAI. Cease. - Frederick
16 peace, - bad hil - left , footligidlyint;,yearinday
afternoon, im ,boardztliesoduanforialaryD Lane,
at a wharf on - the Iteleriare:-_-.lf--;appeere that
he wag in the RV of ateppinCepso the quarter
debk - With a' ?late in Ida hind, when befell and
broke it / vatting-big hand.fievaraly. -
‘ IYII/ C - Crawford, aged 7 years, had his left
foot , ,badlyent, ,, yesterdsy'afterioon, by n'glagg
bottle being . thrown at: him by suloy with whom
he was playing - at Vine. erect wharf.
John Gibson, aged - 10 ,prate, bad his right fat
badly unshed - by being run over by a coach, near
- Eight - Nand Varpenterstreets.
ah.:aboveoaties taken tolhePoillnYlliaids
Hospital. •i• -
A • BEAMY.iitti iitkakylY,— i tiie lady, of ,Con
rid B. ;And cosi, - Erq . Witarnide the recipient- of
a very beautiful - pretert' last evening.. at the
house of hirlinsbandr:;Thi , present °assisted of
a-handsome teacaet and;waitaa,-altogetheii raven
pleases. They are of massive silver:and- bean-
Wally. chased- -The--ware was -made hy:Witliam
Wilson; tire - celobrated Ovenware, mannfaaturer,
at the loidhiqs et corner of link and Chetry_ streets.
The - folidaing - Intoripllon 'le :engraved ~en the
places : • ;;-‘.
" To Mrs. Conrad B. Andresa, - from the'.2friendg
of her husband, of , thi•liepartmeat of Itigheays,
as a mark of_ esteem and ..- regard' far him daring
hie term or OlSois - a:Chltif l Ceriinsissioner.- , July.
221,1859. , t 2..._ :::,r._ , .:.
Toinvo Bliir**Ata,mll:**: - /V4ia
Boombarlioanodkabili;tlifi**-riifii';Arlittr:;
Wait sixaskat en,theildirrisk
bone, No. 925
_ _as ;
g. nibtilytailontYW"
aid other jeweliytilisymoosessioal' Be:notifesoes_
,intwing.o,tolen attneflinor. Abe Aidedlytentalfo the,
smonot ;of ,T2'3 lost sent toOttok fkows of
A NEW
Se
venteenth and Nionteentb-streets Passenger Rail
way Company Was organisod on the Ittitinst., by
the election of N. les Campteniprosident, Price 3.
Patton, troasurerogio,, , P :Gordon, Seerotarr; and
for di, actors; Bayard Robinson, P O. Ellizaker,
PHA. Is Patton ' disepb. BrOwer, S. E Ridgway.
It is expeated that the road will be &dotted ia
aixty days
A 5T4511.31.-- There was a magniflcent storm
last evening, , gat la fir/Welters style, WWI all
the accompaniments of lightning and thunder.
For a half; hoar it•rained-- territtly,,,and then pass
el away. - The ear* 'think was dry and waned ,
needed each_..refreshmeni, - , and: Pe-;rain wag
oinioidingly opportune. .
-- MESSES. MoCn&SKT & Clll3ll,3llbefeltined
& prospectus for the publication if a,weekly family
newspaper, to b 6 entitled ,"The United States Me
ebonies Own." The first "number will be pub
lished on Monday. the first of Mogmt. •
ARRIVAL 01' Eriroaarrrs.— The packet-ship
Tonawanda arrived yesterday from Liverpool,
bringieg 223 passengers.
BLIGHT FIRE. •-•1 here was an alarm of tire
on Thursday evening et a late hoar, occasioned by
the burning of the roof of the - . drreliint,No. - 202.1.
Murray Street.'
"Bat damage was done.
Tux cg I,artria " "htirge; of the schnylirill
Mill; Wei on a vieli yesterday to Norristown.
They are expeeted home to-day. -
Tu second cc hop "of the newton will take
p'aoe, at the United States„ Hotel, Atlantic City,
this vening . There will be a displair of fireworks
on the mouton. ' • • •- -
The Washington , Statas no ()Malt of
Douglas. -
One of our - Pdaine , exedranges takes occasion to
say that no better evidence of the= agreement of
Judge Dougbre with Gen. Casa on the doctrines if
the Le Olero Jotter, with reference to the rights cf
nacuralizet citizens returnine to their native mu
tries, can be found than the faetjhat his Washing• -
ton city organ, Tits Siang, isastsin3 the pohitio4 tf
Gan. Case. -
We have become heartily tired denyliiir that
we are the organ of Judge Douglas or any other
public man. Els position on the natur.lisetton
question is the best evidence of the fast that we
era net bis organ. It is notoriene that be totally
dissents from the position of The _States cud of
Gen. OM upon this question, and repudiates the
idea that there can he any distinction in. respect
to the rights of naturalised and nailva.born old.
onus to claim the protection of
,the
cerement, at ' home`..or - abroad =Washington
States, .7 - itly 21.
Dwerit oY A, Sots -Ox Pax. 'Jowls N. Nix
vm—A few daya ago a forgery to a .small -aunt:oat
w, e perpetrated on a banking house of W. H.
Ilarksdale.A.Co , of this city, and three I.eraota
*ere Inspected of participating in the crime.
Among the number was Francis A litifdt, - who: fs
taid to be. and acknowledges himself, a son of
John Newland Math. the eloquent preacher; who
iinurithed in the West some veers ego. After the
forgery was disoovered, young Blaffic was found on
Ibe other aide of the river, and wee coaxed' across
in order to be arrested. Thre.deolared himself In
aceentof the allegations,
,bat as be bed been liv
ing a rather fast and distipaLied life-on, the :river,
between St Lards and New Orleans , hie protesta
tions were not received with a degree of ctedenoe.
His examination, - with thai `of his companinee,
was to have onme off in a day.or two, Imt on Sun
day night, in his call, he was seisedwith an alio
plemio fit, and died at nine o'clock —St, Louis Re
publican.
A MiNISTER TO 'mg TTAISD TOIL POIIIOIIITO
use Wars—The trial 'oracaL. 3.'8 ,Earden. of
Warren county, N J., charged with poisoning his
wife ' will take place to tbeptember . The proecu
tionfor the State will be cenducted by Hon. Wm.
L Dayton and Joseph Vliet, Esq.. State andel/lin
ty prosecuting attorneys. The prisoner is said to
conduct himeolt, with propriety, and the excite.
ment against him has sub dded. Many persona el
ven doubts of his guilt, and hope he will be ea
quitted.
A Nsw OBSEANB correspondent of-the St.
Louis Republican; in deeoanting on doe a and
other 411/1:15001CS in the'Oretreent City, nays that,
on the flth instant, two young gentlemen met at
the "Oaks" with &mete- barreled shotguns,
loaded with:bill, and one of them left toe field
with a broken leg. On the Monday following,
amber party met at the same spot, with similar
weapons, and after exchanging sects once. with
out effect, their d.iference, whatever it was, was
reconciled.
RIME on Rm.—The New Brunswick Daily
Fredonian says a regular organized scheme has
beau matured, and President Bachanan'e office
holders and toadies in the State of New Jersey
have already been set at work to secure the New
Jersey delezation for him. H's emissaries, the
custom house °Cheers, unotmarero. &a , bare their
instis° ions, and the objeot 1t to be achieved even
though the party be hopelessly satitifide.d
Cone Ett-erONS Lain.—On Sunday Jut the
eornerq tone of Trinity Methodist Episcopal Church
in Cintinnati was laid, when addresses were de
livered by the Rey. W. Sutherland and Rev. Dr.
Clark. It is said to be the handsomest church
rd , fiC6 in Cinoinnati, and will cost over SACK
tooluairg $lO,OOO already paid for the lot. '
Miss MART Beam., daughter. of .oaptain
/Meer, if New York oily, Was drowned while ba
ss lug at Coney Island on Thursday. 'A young la
dy who was bathing with her wee swept off by the
tide at the same time, but fortunately was m
oue&
REV. HENRY CLAY - DEAN challenges the
strongest infidel that the E‘ Infidel ingoidation" of
the United States esn name to discuss - with him
the question of the Divine origin of the Scriptures,
as vie ste by snot. in the Ottumwa Courier, Opel".
by him,
'4 - ' ..•