THE TELEGRAPH
IS PUBLISHED EVERY DAY,
By GEORGE BERGNER,
TERM&.—Snlow Strasaßrrnos
rbe,Tinsottsre is served to subscribers to the
City at 6 emits per week Yearly subscribers will be
charged $4 00, in advance.
Muni' AND SZAHOWIERLT TVLIGRAPEI.
Tim TatIORAPH iQalcO publi.itied twice a week during
he session of theniegislature and weekly (luring the
remainder of the year, and furnished to subscribers at
iie milowing cash ratesons:
Dingle subscribers per year Semi-weekly..sl 60
Tim 13 It " _l2 00
Twenty '• . " it
..22 00
ifirdo subscriber, Weekly.. ...... ........ 1 00
THE LAW OP POiViIiPAPCIM
It subscribers order the discontinuance of their news
papers, the publisher may continue to send them until
arrearages are paid.
I subscribers neglect or reuse to take their newspa
111 , from the office to which they are directed, they are
responsible until they have settled the hills and ordered
t • m discontinued.
Nal) 'Abvtrtistintizto
HELMBOLDIS GENUINE PREPARATION
"RIGIDLY CONCENTRA rEro,
comrd UND FLUID EXTRACT menu,
A Positive and Specific Remedy
For Di , eaen of the BLADDER, KIDNEYS, GRAVEL,
and DROPSICAL SWELLINGS.
Thin Medicine increases the power of Digestion, and
excites the ABSORBENTS int' healthy action, by which
tho WATFRY OR CALCAREOUS depositions, and all UN
NATURAL ENLARGEMENTS are reduced, as well al
PAIN AND IMAM ATION, and Is good for
MEN, WOMEN OR CIIILDREN.
RELMBOLD'S EXTRACT BUCHIT
For Weaknesses
Arising from Excesses, Habits or Dissipation; Early
discretion or Abase.
ATTENDED WITH THE FOLLOWING SYMPTOMS :
Indisposition to Exertion, Loss of Power
Loss of Memory, Difficulty of Breathing,
Weak Nerves, Trembling,
Horror of Disease, Wakefulness,
Dimness cf Vision, Pain in the Back
Universal Lsssitude of the Muscular System,
Hot Hands, Flushing of tile Body,
Dryness of the Skin, Eruptions on the Face
PALLID COUNTENANCE,
These symptoms, if allowed to go on, which this med
mine invariably removes, soon follows
IMPOTENCY. FATUITY, EPILEPTIC FITS,
IN ONE OF WHICH THE PATIENT MAY EXPIRE.
Who can say that they are not frequently followed by
those "DIREFUL DISEASES,"
"INSANITY AND CONSUMPTION."
Many are aware of the cause of their suffering,
BUT NONE WILL CONFESS.
_ _
THE RECORDS OF THE INSANE ASYLUMS,
And the Melancholy Deaths by Consumption,
RFAR AMPLI WMIKSS TO Till TRINE OF TO ABORTION
THE CONSTITUTION ONCH! AFFECTED WITH
ORGANIC WEAKNESS,
&spires] the aid of medicine to strengthen and
Invigorate the System,
Which iIIIAIIIOI.IVS mrrilAcT I3UCUU i.sariatily doe
A TRIAL WILL MORTICE TIME MOST SKIPIICAL
FEMAT,FA—FF,IIALES—FEMALEs,
•LD OR 'YOUNG, SINGILK MARRIED, OR CONTEMPLA
TING MARRIAGE, . _
IN MANY AFFECTIONA PFOULIAR TO FEMALFS,
the Extract Buchu is unequalled by any other remedy,
a$ in Chlorosis or Retention, Irregularity, Painfulness, or
Suppressio nof Customary Evacuations, Ulcerated Or
Beirrhons state of the Uterus, Lencortirea Whites, Steril
ity, and for all complaints incident to the sex, whether
arising from Indiscretion, Habits of Dissipation, or in
the _ .
DECLINE OR MANOR OF LIFE
Btt sYMIPTOMs ARIIF■
Ni) FAMILY SHOULD BE WITHoUT IT I
TART NO MORI BLANAM, MRCURY, OR ONFLICANANT 'MIDI
COIR FOR FINFLRAPANT AND PQM/ROOS DISRANINI.,
. . . .
lIELMBOLD'S RACT eacxa
miss
SP:CIIE'r DISFASM.
In all their Stages, At little Expense ;
Little or no change in feet ; No incnovetnence;
And no Exposure.
It causes a frequent desire and gives strength to Urinate,
thereby removing Obstructions.
Preventing and Curing Strictures of ter. Urethra,
Allaying Pain and Imtlammation, so frequent In the
c las s of diseases, and expelling all Poisonous, Diseased
and worn-out
THOUSANDS , 7PON THOUSANDS
RHO HAVE BEEN THE VICTIMS OF QUACKS,
and who have paid HHAVY sus to be cured in a abort
time, have found they were deceived, and that tho "POI.
SON" has, by the nee of ''POWSNPUL ASTRINOCNTS, " been
dried spin the system, to woos out in mu attgrtsrated
form, and
PERHAPS AFTER MARRIAGE.
1190 HILMBOLD'S ErTRACT BUClitl for all A freCtiOnli and
diseases of the
URINARY ORGANS,
whether existing In
MALE OR FEMALE,
From wbatover canoe originating and no matter rf
DOW LONG STANDING.
Diseases at these Organs require the aid or DIUR E rro
HBLMBOLD'S EXTRACT
lI BUCHU
TE
CREAT DIURETIC,
And is certain to have the desired ellect In all Diseases
FOR WHICH IT IS RECOMMENDED.
Evidence of the most reliable and responsilde character
will accompany the medices.
CERTIFICATES OF CURES,
From S to 20 yearss standing,
WITH NAML' KNOWN TO
SCIENCE AND FAME.
Price $1 00 per bottle, or eix for $5 00.
Delivered to any address, securely parked from obser
vation.
NNSCRIBE SYMPTOMS IN ALL COMMUNICATIONS.
Cures Guaranteed I Advice Gratis I
AFFIDAVIT
Personally appeared before me, au Alderman of tho
city of Philadelphii, H. T. FISLIABOLD, who being duly
!Worn, (loth say, his preparations contain no narcotic, no
mercury, or other injurious drugs, but are purely vege.
table
H. T. HELM! D.
Sworn and subscribed before me, this 23d day of No
vembor, 1854. WM. P. Flf MEND, Alderman,
Ninth St. above Race, Phila.
Address letters for information In confidence to
H. T. HELMBOLD, Chemist,
Depot, 104 South Tenth St., bel. Chestnut, Phila,
BEWARE OF COUNTERFEITS
AND UNPRINCIPLED DEALERS,
Who endeavor to dispose "or TURIN OWN" and "areal"
ARTICLE! ON 1111 NEMATION ATTAIN= BY
Helinbold's Genuine Preparation sr,
Latract Bodin,
" Sarsaparilla,
46 " Improved Rose Wash.
Sold by C. K. Keller, D. W, Gross, J. Wyeth, SC A
Bannvart.
AND ALL DRUOVIST3 EVERYWHERE.
ASK FOR HELMBOLEPS, TAKE NO OTHER.
Cat out the advertisement and send for IL
AND AVOID IMPOSITION AND EXPOSURE.
novl3.dly
WA OLESALE
UMBRELLA MANUFACTORY 1
No. 69, Market 'Street, below Third,
HARRISBVIO, PA.
I r a r. M. H. LEE,
MANUFACTURER OF UMBRELLAS,
PANSOLS and WALKING CANES, will furnish
goods at LOWER PRIORS than can bo bought In any of
he Eastern eitles• Country m =hulls will do well to
an and examtim tnrie-s ot , t qu v, ai, L nut/ vines them
elves of thle for!
BLACKING I
MABON'S"iCHALLENGE BLACKING.
100 Gross, assorted sizes, just received, Red for
sale at Wholesale prices,
dell Wit DOCK, Jr., & Co.
BUTTER, Water, Soda and Sweet Crack
era, at JOHN RISE'S. tnyl
HAMS.
00 Ha ms,
S .
and Jersey
asplendid B
id Sugarol,
of Cur Owego ed
Ste w Yo rk ) Corn Fed Sugar Carer Fame, just received.
4,1.18 W. DICK, JR., & Co.
FAMILY WASHING- BLUE, as excel
lent substitute for Indigo, for sa to at the wholesale
and retail grocery more of NICHOLS & BOWMAN,
corner of Front and Market streets.
PUKE Cider Vinegar, which we wan ant
to be made solely from CWPF, just received and for
sale low by
NlcHois & "Ojel2 N MAN,
Corner Prom. and Mav , ret streets.
SOLDIER'S CAMP COMPANION. A
very unarm:dent Wriaing Doak ; also, Purtfoluk,,
Memorandum Bunke, l'ortmouomes, am., at
n2O 'SCIIKFVER'S FICIORRTOnI.
EXTRA Family Flour, just received and
wirranted to give satisfaction, for
SOsaW le by
Etz N AN,
Corner of Front and Market street.
my 22
DIME Cider Vincgar, warranted, just
received and for sale by
NICHOLS & sowsfeN,
Corner Front and Market streets•
myZ5
SODA Biscuit, City Crackers, justreceiv
ed and for sale by Nica 14 BO WMAN,
• Comer Front and Xarket street&
tiutolti
VOL XVIII.
Itlebicat
DR. JOIINSOiN
F=/F- 0 4. 1 .6 1 C 7 l , C.) DI
LOCK HOSPITAL!
HAS discovered the most certain. speedy
and effetoual remedy in the world for
DISEASES OF ILSIPILUDENOE
RELIEF IN SIX TO TWELVE HOURS.
No Mercury or Noxious Drugs.
A Cure Warranted, or no Charge, in from one
to Two Days.
Weakness of the Buck or, Limbs, Strictures, Affections
of the is idn.ys and Bladder, Involuntary discharges, Im
potency, General Debility, Nervousness, Dyspepsy, Lan
g nor, Low Spirits, Confusion of Ideas, Pa Ipitation of the
Heart, Timidity, Tremblings, Dimness of sight or Uiddi
nese, Di Fees of the Heed, Throat, Nose or Skin, affec
tions of the Liver, lungs, Stomach or Bowels—those ter
rible disorders arising from the Solitary Habits of Youth
—those maim and solitary preci oes more Wei to their
victims than the song of . yrens to the Mariners of Ulys
ses, blighting their most brilliant hopes or anticipations,
rendering marriage, &c., impossible.
Young Igen
Especially, who have become the ;victims of Solitary
Vice, that dreadful and destructive habit which annual
ly sweeps to an untimely grave thountrols of Young
Men of the most exalted talents and brilliant intellect,
wbo might otherwise have entranced listening Senates
with the ,handers of eloquence or waked to ecstasy 'he
living lyre, may call with full confidence.
marriage.
Married Persons, or Young Men contemplating mar
riage, being .itvare or physical weakness, organic dobid
ty, deformities, speediy cured,
He who places himself under the carp of Dr. J. may
religiously confide in his tumor as a gentleman, and cos
fldently rely upon nis skill as a Physician.
Organic Weakness
immediately Cured, and full vigor Restored.
This distressing Affection—Which renders i He misera
ble and marriage impossible—is the penalty paid by the
victims of improper indulgences. 1 oung parse es are too
apt to commit escetses tram not being aware of the
dreadful couseq,ences that may ensue. New, who that
understands the subject wilt pretend to any that the pow
er of procreation is lost sooner ..y tuose falling Into im
proper habits than by the prudent Besides being de
prived the pleasures of healthy offspring, the most se
rious and destructive symptoms to both body and mind
arise. The system becomes deranged, the Physical and
Mental Functions Weakened, Loss of Procreative Power,
Nervious Irratibility, Dyspepsia, Palpitation of the Heart,
Indigestion, Constitution .1 Liability, a Wasting of the
Frame, Cough, Consumption, Decay and Death.
Office, No. 7 South Frederick Street.
Lea hew side going from Baltimore street, a lew door.
Tram the corner. Fail not to observe Lague and number.
Liters must he paid awl contain a stamp
torn Diplomas hang iu his office.
A Cure Warranted in Two Days
No Mercury or Nauseous Drugs,
Dr. Johnson,
Member Male Royal College of surgeons, Loudon, Grad
uate from one of the most eminentthilleges in the United
Slates, and the greater rat of whose ltle has been spent
in the hospitals or Loudon, Paris, Philadelphia and else
where, bas effected some of the most astonishing cures
that were ever known; many troubled will ringing iu
the hoot and ears when 8.41130 p, area( nervousness, being
alarmed at sudden sounds, bashfulness, won frequent
blushing. attended sometimes with derangement of mind
were cured immediately,
Take Particular Notice
Dr. J. addresses all those who have injured themselves
by improper indulge. co arid solitary habits, which ruin
both body and mind, emitting them for either business,
study, society or marriage.
These are some of the sad and melaucholly arrests pro
ductd by early habits or youth, viz: Weakness of the
Back and lambs, Pains in the Head, Dimness ‘,f Sight,
Loss of Muscular Power, Palpitation of the heart, Dys
popsy Nervous lrratibil ty, Derangement of the Digestive
Functions, General Debility, Symptoms of consumption,
bletrutur.—The fearful effects on the mind are much
to be dreaded—Loss of Memory, Contusion of ideas , De
pression of Spirits, v.vil Forouiingo, Avers on to :Society,
ZA , 3lf DistrUgt,loVo ofaolitudo, Timidity, &D., aro some of
the Cail3 produced.
TBOVANiki of persons of all ages can now judge what
is the cause of their declining health, losing their vigor,
becoming weak, pale, nervous and emaciated, having a
singular appearance auout the ey es, cough and symptoms
of consumption
Young Men
Who have injured themselves by a certain practice iu
dulged In when alone, a habit frequently learned from
evil companions, urat school, the effects of which are
nightly felt, even when asleep, and if not cured renders
marriage impossible, and destroys both mind and body,
should apply immediately.
What a pity that a young man, the hope of his coun
try, the darting of his parents, should be snatched Irons
all prospects sod enjoyments of life, by the consequence
of deviating from the lath of nature and indulging in a
certain secret habit. such persons surer, before contem
plating
Marriage,
reflect that a sorted mind and body are the moat neces
sary requisites to promote connubial happiness. Indeed,
without these, the journey through life becomes a weary
pilgrimage ; the prospect hourly darkens to the view ;
the mind becomes shadowed with despair and tilled with
the melancholly retl etlon that the happiness of another
becomes blighted with our own.
Disease of Imprudence.
When the int,guided and imprudent votary of pleasure
finds that he has imbibed the seeds of this painful dis
ease, it too ellen hapegg that au tit-timed sense of shame
or dread of discovery Meters him from applying to those
who, from e.tucation and respectability, can alone be
friend him, delaying till the constitutional symptoms on
this horr teahouse make their appearance, such as ill•
cerated sore throat, diseased nose, nocturnal pains in
the head and limbs, dimness el sight, deadness, nodes on
the shin bones and arms, blotches on the h ad, face and
extremities, progressing with frightful rapidity, Lill at
last the palate at the mouth or the bones of the nose fall
in, and the victim of this awful disease become a horrid
obj et of commiseration, till death puts a period to his
dreadful sullerings, by sending him to 4, that Undlscov
vered Country from wheuce no traveler returns."
It is a inc/aucholly fact that thousands fall victims to
this terrible disease, owing to the musicilfullness of igno
rant pretenders, who by the use of that Deadly Poison,
Mercury, ruin the constitution and make the residue o
tile miserable.
Strangers.
Trust not your lives, or bandit, to the care of the many
Unlearned and Worthleta Pretenders, destitute of know
ledge, name or characler, who copy Ur. Johnson's adver
vertisements, or style themselves in the newspapers,
regularly Educated Physicians incapable of Curing, they
keep you trifling month after mouth taking their fllti►y
and poisouousurss compounds, or as long as the smallest
Ate can be obtained, and In despair, leave you with ruin.
ed health to sigh over your galling disappointment.
Dr. Johnson is the only Physician ..evertising.
His credential or diplomas always hangs in his Mee.
His remedies or treatment are unknown to all others,
prepared Iron a life spent in the g• eat hospitals of Eu
rope, the first in the country and a more extensive Pri
vate Practice than any other Physician in the world.
Indorsement of the Press.
•
The many thousands cured at this institution year af
ter year, and the numerous important Surgical Opera
tions performed by Or. Johnson, witnesssed by the re
porters of the "Sun," s'Clippor," and many other pa
pers, notices of which have appeared again and again
before the public, besides his standing as a gentleman ut
character and responsibility, is a sulholent guarrai.tce
tothe afflicted.
akin Diseases bpeedily Cured.
Perseus writing should bo particular in oirectiug their
fetters to his lustitalice. in the following manner :
JOHN IL - JOHNSON, M. D.
ot the Baltimore Lock llospitat, Baltimore, Md.
---
DRIELI FRUIT& Hominy, Beans, Sze
Jua .ioaN myl
Dates, Prunes,
Raisins, and all
klude or Nuta, at JOHN WISE'S Store, Third and
Walnut. myl
JJERSEY 11.A.N1 I—Ten tierces of these
justly celebrated sugar cured hams, received roc.
ores e in large or Rusin quantities.
AVM. 7)013K. is. it W.
CRAB ClDER.—Constantly on hand at
very superior lArtiola of ' , writs mum ciusa.
WM. DOGS, Js. 4t 09.
"INDEPEND.F,NI 1N ALL TBINGS-NEUTRAL I . N NONE.
HARRISBURG. PA. SATURDAY AFTERNOON, JULY 5, 1862
NICHOLS & BOWMAN,
RESPECTFULLY invite . the attention Ot
the public to their lame and well selected stock of
GROCERIES, PROVISIONS, FOREIGN AND DO
MESTIC FRUITS,
Including among others,
SUGARS,
SYRUPS,
TEAS,
COFFEE,
SPICES,
ORANGES,
LEMONS, &C., &C.
ALSO
FLOUR,
FISH,
BACON,
LARD,
BUTTER, &c.
We invite an examination .of our superior
NON EXPLOSIVE COAL OIL,
The best in the market in every respect, to
gether with all kinds of
LAMPS, SHADES, BURNERS, WICKS and
GLASS CONES,
Cheaper than any place in Harrisburg. We keep
on hand always all kinds of
CEDAR AND WILLOW WARE
Ail styles and kinds of
QUEENSWARE AND GLASSWARE,
at the old stand, NICHOLS & BOWMAN,
my2o Corner Front and 'Marset Ste.
MANITYACTURID BY THE
UNITED STATES BIOTINA 'ROOFING CO,
Corner Green and Pitts Streets, Boston, Mass.
P111:11S Portable Roofing is the only article
.l ever offered to the public, which is reedy prepared
to go on the roof wituout any nnishial operation. It is
light, handsome and easily applied, and an be as rely
and eine.iply transported to any part of the world. Ii
will not taint or discolor water runn lig over, or lying on
it, and is .8.1 all ripe..ta a very uesirable article. Its
nououndetamg properties adrift It espaciehy t covering
manufactories of various kinds, atti` it is confidentiy
tired to the public after a test of four years is all vane ,
Litz of GI male sad temperature, Or covert it all Kinds of
roots, dat or pitched, together with cars, steamh. ats, 19e
It is both chop and durable. Agents waute I, to whom
literal inducements are uttered Send for sample, exec
ar, NC. with partictlars, to ••U. 9.00111911 Ut).,
pr2l tnlin No. 9 Gore Blocs. host•iu."
Me Dot
I . IF the Old Wallower Line respectfully
J Informs dm public; alit tubs Old Daily iransp orts
lion lane, (the only Wallow Line uow in esist• nee in
Ills City,' is is in successful Operetiou, and prepared to
carry [night as low as any Ono/. individual line uetereetl
Paibideiptlia, Harrisburg, dunoury, Lewisourg, Wil
liamsport, Jersey Shore, Lock Hav-ti and all other points
on the Northern ~ encral, Philadelphia and Erie and Wil
liamsport and Elmira Railroads.
DANL. A. MULINCII, Agent.
Harrisburg, Pa.
Goods ,' , ent to the Ware House of Masa,. ethieOCk,
Zell At inohmtn. No, 808 and 810 Market street *neve
Phlladenibia, by 4 o'cloolr, r. Y., will arr.ve at
darrisburg, ready lot delivery next morning.
apr3u•rdmyl
FIRE INSURANCE.
THE DELAWARE MUTUAL
SAFETY INNUEINCE COMPANY.
INCORPORATED 1836.
Capital and Assets $869,126 37
DIRECTORS.
Wm Martin, Edmund A. Souder, Thco . Milus Paulding,
Jno it. Peurcae, Juo. C. Davis Jas. tragitair, , Wm. Eyre, jr,
James C. Hand, william C. Ludwig, Joseph D. Seal, Dr.
H. M. Huston, George G. Leiper, Hugh Craig, Charles
Llstuuel E stokes, J. B. Penniston, Henry =loan,
Edward Darling.on, H. Jane, Brooke, spencer M'llraine,
Thomas C. Hand, Hobert Burton, Jacob P. Jones, James
B. AUFarlana, Joshua P. Eyri, John B. Semple. Pitts
burg, D. T. Morgas,Pitistourg, a. B. Berger, Pittsburg.
WILLIAM MARTIN, Plait/eat.
TDOMAS O. HAND, VW Pre.ident.
NHYLII BURN, Secretary.
The undcrsigned as agent for the above named c =-
palsy , continues to lair.° Fire Maks in Harrisburg and
vicinity.
WILLIAM BUEHLER.
jell) tilt
AGENTS 1 MERCHANTS I PEDLERS
READ THIS.
ENERGETIC men make $5 a day by .
selling our UNION PIUZE STATIONERY PACKELs
coutairaug superior Stationery, Portraits of ELEVEN
GENERALS, and a piece of Jewelry. We guarantee sat
iefactiou in quality of our goods. The gilts consist of
fifty varieties and styles of Jewelry, all useful and valu
able. Circulars with full particulars- mailed free. Ad
. ..
dress.
ap36-3md
aCEEFFER,
BOOK AND JOB PRINTER,
NO. 18, MARKEY STREET,
HARRISBURG.
,Particular atteution paid to Printing, Ruling and
aiudiug of Railroad Blanks,-Manifests, Policies, Checks,'
Drafts, &c. Camps printed at $3, $3, $4, and $5 per
housaud In elegant style. i2O
ATLANTIC AND OHIO TELE—
GRAPH COMPANY.
THE Stockholder's annual meeting will
be held at the aloe of the secretary, (2 Forrest
Place) 128% South Fourth Street, Phladolphis on
THURSDA x, JULY 17th, at 10% o'clock at which
tame au election for nine directors will take place, and
such other nosiness transicted as may be brought be
fore the meeting. H. H. SHILLINGWORD,
el 6 dtjyl7
STEAM BOILERS,
LTA V IN G wade efficient and perrnament
[J arrangements for the purpose. we are now pre,
parep to make STEAM BOILER.: of every kind, prompt
ly and at reasonable rates. We shall use iron made by
Bailee & Brother, the reputation of which is second to
sore in the n arket.
Noce but the belt hands employed. Repairing prompt
ty attended to. Address EAGLE WORKS,
myaly Uarriabmg, Pa.
LAME TROUT.
J UST received a small invoice of
MACKINAW LAKE TROUT.
The quality wry superior, and the price very low.
WM. DOCK, JR., ,Sc CO
GINE Choice Teas and Pure 'Spices, at
. A V JOHN IVLSES myl ;
latiectilantana
WHOLESALE. AND RETAIL
G - R.. -. 90-.R....rw5.,
Corner Front and Market Streets,
HAE,RISBITEG, PENN'A.,
SALT,
BIOTINA ROOFING
NO. 9 GORE BLOCK,
DAN'L. A. IdIIENCH, AGENT.
L. B. BASKINS & CO,
36 Beekman street, New York
A SMALL lot of choice Dried Fruit, a
"ICE[OLS R 0 rMAN,
jpt Corner Yroot and Market greet.
MACKEREL in kitts, half bble. an.
bbi s ., f)r sale low by NICHOL' Jk
my 22 Corner Fr•mi azoilllarkot streets.
littgtaA.
DECISION OF SUPREME COURT
JOHN WINEBRENNER Asa °Tuna, lu. Dauphin
vs. Common Pleas
JAMES COLDER AND maws. In Equity.
Rawn and Etter tar Plaintiff'.
Kunkel for Defendants.
OPINION OP MR COURT-LOWRY C. J
Least we should be supposed to approve the
form. of this bill, it is better for us to say that
if it were a simple statement of the essential
facts of the case, instead of the eeidence of those
facts, it would not have needed one-fointh as
mush paper, and would have presented the
case with much more clearness. This is suffi
cient indication of a fault that ought to be
avoided.
The case is a church quarrel in the denomina
tion of Christians, calling themselves the
Church of God, and usually by others Wine:
brenarians. It arose by a majority of the con-'
gregation, called the Church of God at Harris
burg, attached themselves to Mr. Colder, and
persisting in calling him as their pastor, though
he was not a minister of the denomination ac
cepted by the Annual Eldership ; which is their
name for what in other denominations is called
presbytery, classic, convention, &c., though,
of course, not with exactly indentical func
tions. A minority of the congregation oppose
this movement, and desire to accept a minister
assigned to them by the Annual Eldership ;
and on this question the congregation is divided
into two irreconcilable factions.
The fundamental question raised by the case
is, which party Is right in its action ? This
question is so well discussed, on principle and
authority, in the opinion of the learned Pre
sident of the Common Pleas, that we are saved
from much of the discussion which would,
otherwise, have been proper. But the case has
been very ably and earnestly re-argued here on
some points which seem to require a special
attention from us, and we proceed to the con
sideration of them.
The State having prescribed no law for the
action of any Church, leaves each Church or
denomination to the guidance of its own law,
and looks to that as the standard by which all
internal disputes are to be tried. One main
question therefore is, what is the law of this
congregation relative to the mode of obtaining
a pastor ?
The congregation is in regular association
with its sister congregations, and in regular
connection with, and subordination to, the pro
visional and General Elderships or assemblies
of the Church, and of course part of the law
of each congregation is to be found in the gen
eral law of the denomination ; and all the re
liable oral testimony in the cause, all the usages
of the Church, and all its written documents,
unite in showing that there is no regular way
for a congregation to obtain a pastor but by the
appointment of the Annual Eldership. This is
but very faintly denied, and it is rather sought
to be avoided by the argument that this usage
is not properly a law that binds the congrega- ,
tions, but only an expedient that is useful fo
peaceful co-operation so long as It is adminia-,
tered to the satisfaction of the several congre-:
gallons.
The charter of this congregation, obtained.
from the Legislature in 1848, is relied on to
show its independent character ; and certainly
it does not allude to any more general body of
which it is to form a part. But, we may add,
it does not forbid any connection with other
congregations, and congregational individuality
is not at all inconsistent with denominational
unity, as any one that looks may see. And in
many denominations, it is quite common, not
to say that it is the usual rule, to omit all no
tice of the denominational bond in their con
gregational charter, and this without meaning
to affect the character of the congregation as it
was before the charter, or to declare it inde
pendent.
Section 9 of the charter expressly forbids its
enumeration of powers and privileges from ex
cluding others not enumerated. The powers
given to the Congregational officers are no
more exclusive of denominational character,
powers and laws, than is common in Church
charters, and rightly understood, are not at all
inconsistent with the associate duties of the
congregation.
The Legislature never means by granting or
allowing such charters to change the ecclesiastical
status of congregations; but only to afford
them a more advantageous civil status. And'
so this charter has been understood by this
congregation ever since it was granted ; for it
has continued all its associated action without
change up to the time of this dispute, And it
could not reasonably have supposed that the
charter changed its ecclesiastical law relative
to the appointment of pastors ; for the charter
declares nothing on that subject.
It is argued, moreover, that every congre
gation is proved to be independent, because it
is so declared in the "History of the Church of
God" given in evidence, and especially because
it is there declared that Churches should be
formed "subject to no extrinsic or foreign
jurisdiction, and governed by their own officers,'
chosen by a majority of the members of each
individual Church.'
This history is admitted to bis an authentic
exposition of the doctrine and order of the
Church, and was written by John Winebrenner,
who was the founder of the sect, and who, as
part of this quarrel, was expelled from the
Church and died in expulsion, if the action of
the majority of this congregation is to be sus
tained.
Not much is to be made out of the word " in
dependent ;" for, in ordinary usage, its mean
ing is very indefinite. The tenant of the poor
house likes to call himself an independent citi-,
zen, and no one need object very seriously to
this, so long as he conforms to the laws of the
place. Others have a better right to claim this
distinction, and yet all must submit to the laws
of the land. No man or body of men can be
entirely independent of society and its laws.
And yet there is a measure of independence in
all association, and its extent can be ascer
tained only by an observation of the facts that
define it. And so, the expression, "subject to
no extrinsic jurisdiction," may have a relative,
but not an absolute value. It cannot, in the
face of the other documents of the Church, and
of its uniform practite, save the several congre
' gations from dependence on the Annual Elder
ship for its pastors ; and that is the material
point here.
The defe'ts consider it some support of their
case, that the same document declares that "co
operation, not legislation, is the main object"
of the meetings of the annual Eldership. An
other sentence of the same document, howev
er, presents some qualification of this one :
"If she (the general Church) is a society of
saints, then a congenial government is necessa
rily implied ; for no society can well exist with
out order, and order suppcees rule, discipline
and control ; and these imply a controling
power." It follows therefore that some legis
lation is necessary, and that for the purpose of
securing the "main" object, co operation.--
These terms accord with the usual functions of
such bodies in other denominations; c -opera
tion rather than legislation, and legislation in
aid of co-operation. And it is expressly in
general ace irdance with other such assemblies
that Eldership is formed, when it is declared
in the Constitution, Art. 2, that the Annual
Eldership is " for the transaction of such busi
ness as properly pertains to ecclesiastical bodies.
Certainly it is not an illegitimate form of co
operation for these assemblies to assign to each
minister his station, and especially it is not
inconsistent with the principle of co-operation,
that this assignment is expressly declared to be
a function of Annual Eldership: When it legis
lates beyond this to the injury of any member
or congregation, it will be time enough to in
vestigate its functions more closely. We do
not need to do so now.
To justify the rejection of the pastor ap
pointed by the annual Eldership, the defend
ants rely on Article 14 of the constitution,
which declares that the Stationing Committee
" shall appoint the preachers of the several
stations and circuits, and their report shall
always be final and conclusive, except it be re
jected by a vote of a majority; in which case the com
mittee shall take it back, and report another,
subject to a like &lion.
It is argued that this recognizes the right of
the majority of the congregation to reject a min
ister assigned to it. But the evidence shows
that such has never been the practice of the
Church, and this is strong evidence against
such an interpretation. There is no evidence
on the record sufficient to sustain it ; and the
ordinary practice of deliberative bodies is all
against it. Article 13 provides for a Standiny
Committee to act for the assembly during its
vacation in making and changing appointments
of ministers. But the Stationing Committee acts
only during the sessions of the assembly and
reports to it, not to the congregations ; and it
is the reports thus made that are final and con
clusive, unless rejected by a majority ; and this
seems to us very plainly to mean a majority of
the annual Eldership. To interpret it other
wise would require evidence that has not been
furnished to us, and which, we suppose, does
not exist. We infer, therefore, front this and
other parts of the constitution and from the
common practice, that the appointments of the
Stationing Committee, not disapproved of by the
annual Elderships, are binding upon the con
gregations.
But it is argued that this congregation has
always been accustomed to choose its own pas
tors, and that, therefore, their choice of Mr.
Colder was not disorderly. There is, however,
no reliable evidence in support of this allega
tion. Their congregational minutes show no
instance of such an election until after this dis
pute began. No doubt these often informal
meetings of the elders or leading members, or
even of the congregation for the purpose of
agreeing upon preachers whom they would re
quest the Eldership to send them ; the evidence
shows this. But this does not prove any law of
the congregation or of the denomination ' • but
ealyea.indulgence or. liberty,. a liberty • not,
elect a pastor, but only to suggest one whom they
would like to have.. The appointment of a
pastor has always come from the annual Elder
ship, and no reliable instance is given of a con
trary practice, unless possibly for the tempo
rary supply and an accidental vacancy. Mr.
Croll seems to have been an instance of this,
and he was afterwards appointed by the annual
Eldership.
It might be possible that the annual Elder
ship, should so far offend the wishes of the con
gregation, and disregard the fitness of things
and the expectations raised by its own custo
mary modes of acting, that equity might justify
or excuse a congregation in rejecting its ap
pointments and in choosing a pastor for them
selves ; but in this case we find nothing of the
sort. In almost all instances the annual Elder
ship sent to this congregation the pastor whom
they desired, and no doubt they treated all other
congregations in the same manner, as nearly as
was practicable. - In such matters each one is
necessarily liable to some disappointment. If
there wan any favored church, it was the one
at Harrisburg ; and this was quite natural, as
it was perhaps the most influential, and was
the mother Church of the denomination.
As to this particular case there seems to have
been an extraordinary degree of indulgence on
the part of the Annual Eldership towards the
majority of this congregation and towards Mr.
Colder: for it was not until after he had ac
cepted the pastorate without the consent of
the Annual Eldership, or of its Standing Com
mittee ; and after he had been convicted of in
subordination at an extra session called on ac
count of his irregularity ; and after he bad re
fused to submit the difficulty to the adjustment
of the Standing Committee as required by the
Annual Eldership, and continued to act as
pastor : , though this had been pronounced in
subordinate • and after he had been again tried
and convicted of insubordination, and was so
far forgiven as to have his license renewed and
the pastorate of the Harrisburg Church as
signed to him until the first of April following ;
and after he had used his position as Editor of
the newspaper of the Church to maintain the
part he bad taken ; it was not until after all
this and more that he was suspended from the
ministry by the Standing Committee, and after
wards expelled by the Annual. Eldership. Sure
ly this indulgence exhibits a degree of respect
for Mr. Colder personally, which can be ac
counted for only on the supposition of high,
qualities possessed by him, and this may also
indicate the grounds of the attachment to him
of so many of this congregation, notwithstand
ing his disorderly course. The evidence re
veals to us no reason why this respect and
indulgence of the Annual Eldership has not
been reciprocated. The utmost that the ma
jority can attain by persistence in this insubor
dination, can only be the establishment of a
new sect, which, according to the ordinary
practice of giving names, the world will call
Colderites.
Suppose that this congregation was at one
time independent. Then, it is argued, it may
at any time resume its independence. We
do not concede the conclusion ; though there
may be special cases, wherein such a result may
be reached. The principle that governs in
such cases is good faith to all the members of
the congregation ; and - that can be preserved
only by a loyal adherence to the authorities
and organic constitution that were in existence
at the time they became members. They can
complain of no changes that are made in their
organic laws by their legitimate authorites in
pursuance of the constitution ; but all changes
otherwise made without their consent are a
violation of good faith to them, however great
may be the local majorities that attempt them.
But was this congregation ever independent
in the sense that it elected its own pastors?
We see no evidence of it. It was John Wine
brenner that gathered and nurtured this flock,
not by he
became
wa th s
e thu p s as ,
t an or d of it. And election that
judging this
event by others, he instructed and appointed
the preaching elders who assisted in gatheringf
fittart tinting Mau.
Raving procured Steam Power Prewar, we are proper
ed to execute JOB add BOOS PRINTING of every oesertp
cheaper than it can be done at any ogler eatabliab -
mentin the country: - r !
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sal- Four Linea or I,ss malamute one-half square. Eight
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Half Square, one day
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One Square, one day .......
one week ........ ............ 200
one month
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before Itarrlges and Deaths, MELT CENTS PER UNE
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air liarriges and Deaths to be charged ss regular ad
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NO 54.
'nurturing and organizing other flocks. And
when, after five years of labor, ha 1830,.he and
his five assistants met together toforin a regu
Jar organization and coustitution ; most likely
they did nothing materially different is 'Teta
lion to the appointment of pastors, from what
they had been doing before. It is only after
that, that we become possessed of the exact
outlines of the system of organization, and pos
sibly before that they had not become distinct
ly conscious of it themselves. It is not neces
sary for us to be able to say when its associat
ed form became complete. Growing things
are not susceptible of precise definition. We
cannot say exactly when a boy becomes a man
or when a sapling becomes a tree. It is suffi
cient, when we are called upon to test the
legitimacy of any particular act of an ecclesiats
tical organism, that we are able to discover and
define the law of the organism that applies to
the case, whether it be old or new, and wheth
er we can trace its history or not. ,
We need not dwell on the argument founded
on the deeds of conveyance of the congregational
property. It is well answered by the opinion
of the learned President of Common PL as.—
The trustees, who are the elders, hold the
property for the use of the congregation, and
that consists of all those who are in full com
munion with the church, and who adhere, or
are willing to submit to the regular order of
the church ; and adherence to the general de
nomination, while it continues sound and or
derly, is one of the essential elements of that
order. According to the fundamental, h-gal
and equitable principles of such associations,
that majority which makes use of its corporate
forms for the purpose of instituting an organ
ized resistance to the legitimate authority of
their ecclesiastical superiors ; that expels the
members of the minority for refusing to con
tribute to the support of their disorderly or
ganization ; and that institutes as its pastor a
regular expelled minister of their denomination;
such a majority is not the true congregation.
Mr. Colder was regularly expelled ; for his
previous attempt to dis4olve his connection
with the Annual Eldership was utterly nugato
ry so long as he persisted in maintaing his po•
sition as pastor of one of its congregations.—
Moreover, even without the expulsion, we dis
cover no principle of this denomination by
means of which he can be at all recognized as
a minister of the gospel ; for he never was one
except by virtue of the annually renewed li
cense of the annual eldership, and his last
license expired in the end of the year 1859, or
the beginning of 1860
According to the legal and equitable princi•
plea of such associations, it is those who adhere
or submit to the regular order of the church,
local and general, (even though they be a
minority) that constitute the true congregation,
and also the true corporation, if it be incorpo
rated. It makes no difficulty in equity that
the majority have constituted themselves in
strict accordance with the congregational or
corporate forms, if they have done so in viola
tion of fundamental principles. One of the
most important functions of equity in such
cases is to supply the defects of the corporate
forms in order to protect the fundamental prin
ciples; and it will see that this is done in as close
analogy to the corporate forms as is compatible
with the main purpose of protecting the rights
of the minority and the fundamental principles
of the association. One of the rights of this
minority is to have a pastor regularly appointed
by the annual Eldership or its stationing com
mittee.
We must consider this congregation as hav
ing been in a state of anarchy for the last four
years, and during that period all its regular
and legitimate action has been suspended, and
all its members have ceased to be qualified
voters under its charter by falling in arrears in
their contributions more than one year—the
majority have done so by improperly contribu
ting to the support of their disorderly organi
zation ; and the minority by properly refusing
to contribute for such a purpose. It was said
on the argument that the minority bee regu
larly kept up the organization by itself, but
this no where appears on the records in any
sufficient manner, and we can take no notice
of it.
How, then, shall equity restore the organism
to life ? It must overlook this period of an
archy and go back to a time when order still
existed, and take the members as they then
stood, who are willing still to adhere to the
congregation in its proper order. We must
presume that a reasonable degree of order pre
vailed on the 3d of November, 1858, when Mr.
Colder was last appointed pastor of this con
gregation ; but immediately after that disorder
became manifest and permanent—those who
were then qualified voters, and who now de
clare themselves desirous of continuing to be
members of the congregation and willing to
submit to its congregational and denomina
tional order, must still be considered members.
But owing to this anarchy, there are no
members properly qualified under the charter
to hold a new election, and it is not proper to
wait until the next charter period for holding
an election.
The provisions of the charter are therefore
inadequate for the present emergency, and we
must supply its defects according to the de
mands of the occasion.
The plaintiffs, by their appeal, further ask
that an account shall be decreed against the
defendants ; but they do not file their bill as
the trustees of the corporation, but only as pri
vate members, and as such they have no right
to the account prayed for. It is enough that
their rights of membership are restored, by
bringing back the corporation to its proper
order. When order is restored, other wrongs
may be corrected in the ordinary way.
It seems to us that we need not discuss ;this
case further. What we have said is sufficient
to indicate what the decree ought to be. It
must be in some respects different from the de
cree pronounced in the Common Pleas, and we
shall amend and correct that accordingly.
A TIKELY Caurron.—A soldier in the army
before Richmond, writes at the dote of a letter
to his family: "By the way, should you see my
name in the papers reported among the killed
or wounded in the next fight, do not credit the
report until indubitable proofs are supplied,
for it often happens that those who are report
ed killed or wounded, who are not injured at
all." This is worthy of general remembrance
at this time. The early lists of killed and
wounded are always made up in a hurry, and i s
generally full of mistakes. When there are
more than one of the same surname hi a corps;
the wrong man is apt to be put into the lists.
Those reported killed are often only missing,
and the missing on one day are likely to turn
up the next. In short there are all sorts of
causes for mistakes, as experience has already
shown. Friends and families, therefore should
take the above advice, and wait for " indubi
table proofs."
so 25
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