From the lofty' branch on which he had
taken up his position, Ferguson watched
the monsters' approach—they were of the
fiercest specie, white with glowing red eyes
and he saw that all was over with hie faith
ful horse. They rushed on their victim—
Ferguson fired among them ; but in a :rai
ment the animal was devoured, and the emp
ty bridle left hanging on •the branch.
The wolves, with gaping throats, and their.
\ white tusks grinning horribly rentained
round the tree ; for the horse had scarcely
furnished each with a single mouthful. On
the Captain's slightest movement they jump
ed up, as if to seize him before he could
touch the around. Ferguson enjoyed a sort
of feverisFt pleasure in •killing a number of
them with iris 'carabine. But night was
-closing in, arid quite exhausted, unable even
'to reload his arms, he was seized with a
sudden giddiness. He was forced to close
his eyes lest to should fall from his green
-fortress.
Then St deep roaring was heard in the
--IseighbOring — pmirieT — At — the — iiiiiid, The
wolves pricked up their ears, and darted off
simultaneously in pursuit of a new prey.--
In a short time Ferguson opened his eyes
and descried in the plain on the border of
the wood an enormous buffalo surrounded
. by the ravenous wolves, who were tearing
him to pieces despite his firious effort to es
cape.•
The Captain, profiting by this fortunate
diversion descending from his tree, and hast
ened-to-kindle—the dried branches scattered
on the ground. He shortly succeeded in
surrounding himself with a rampart of fire.
Feeling then comparatively safety, he
roasted one of the dead wolves and ate a
small portion of the flesh, notwithstanding
the natural repugnance inspired by such un
clean food. Being somewhat strengthened
by his strange repast he collected a supply
of wood for night.
In about an hour afterwards, the wolves
returned to the charge, but Ferguson. thanks
to his flaming fortification, was in such per
fect safety that despite the continued howl.
ing he slept profoundly until morning.
On awaking, ho found that the wolves
were gone in pursuit, doubtless, of some ea.
sier prey, and the Captain was able to re
sume his journey on foot, carrying with him
his pistols, his cutlass and his carbihe.
After a week of incredible fatigue and
privation, he arrived in safety at the Amer
ican camp, but no tidings were ever heard
of his unfortunate companions. They prob
ably had either been massacred by the In
dians, or devoured by the wolves. As to
Captain Ferguson he was seized with a fe
ver which confined him to bed during many
weeks. When convalescent, he happened
one day to look in a mirror and started back
affrighted. His beard remained black, but
the hair of his head had become white as
snow.
Stors Remedy for Hydrophobia.
We give in full the celebrated Stoy pre.
scription for the cure of Hydrophobia, which
is becoming widely known and extensively
used with such success as to entitle it to
the confidence of the public. The follow.
ing is the genuine recipe as prepared by the
discover :
"Take of the i!Elubia Annagalia Rubra"
or Chick Weed, that has heed dried, one
handful ; pour two quarts of good beer on it
and boil it in a new earthern pot, (the pot
must be covered with a close lid) until one
half the liquor boils away: it must be boiled
enough, and strained through a clean cloth
and well squeezed so that the substance may
be well taken out of it,--then add to the
decoction ttyo drams of the best Venice Tre
acle rind rhlx it well with the decoction.
Of the above decoction, give a man of
strong constitution one pint, and that at one
'time, if possible, if not, though at short in
tervals; if taken at one draught it is best.—
If there shonld be symptoms of madness, the
medicine must be taken two or three morn
ings in succession, and a larger portion of
the herb added to the aforementioned quart.
tity of beer. •
A women should take less of the medi.
tine than a man s any about three and half
gills ' • for children the medicine must be reg.
ulated according to their age and constitution
it must be observed that children can bear
more of the medicine, than a grown person
in proportion. The mother or person who
nurses a child, should take on extra portion.
If the child, would receive one or two spoon
fulls of it, would be best.
A dose for a horse is one pint, a cow 20
table spoonful ; a heifer 16; a calf accor
ding to age ; a hog 8 years old 7 or 8 ; a dog
according to age, size and strength.
She 'medicine should be taken warm, in
the morning before breakfast, and even the
fast ought not to be broken for 8 or 4 hours
after. No cold or fresh water must be ta
ken otherwise serious consequences might
rise.
In cases of necessity, were there are ac
tual symptoms of the disease,' no delay
should be made but the medicine given as
soon as the fit is off the patient; should he
eject it, it must be administered in smaller
proportions, at short intervals, until the per
eon is relieved. On the day when the med
icine is taken, the patient must abstain from
drink of all kinds, most especially Ardent
Spirits, milk or beer. Cattle must have no
water the day after the decoction has been
given.
Persons must obtain for two weeks from
the following articles, viz : all kinds of meat
cabbage, beans, pens, fish and water fowl.
When the person is bitten through the akin
the wound must be rubbed with a chip on•
til it bleeds, and washed with the decoction,
this should be repeated two or three days,
care must be taken not to use the same
twice. Should the wound - require a band
age any simple solve may be used mixed
with a portion of 'Venice Treacle. This
must be done twice n day until the wound
is healed, before the bandage is applied the
wound should be washed clean with the de
coction,
For AIIBTITALIA.—Nine citizens of Pitta•
burg havo sailed last week, from New York
for Australia,
the fel)igli Register.
Allentown, Pa.
WEDNESDAY, tEillaugy 23. 1861.
kliPIVe would refer our readers to the opin
ion of Chief Justice Leteis, on the law relating
to judgments, assignments and preferences in
andther column; it is Well worth a perusal. .
A Warning.
A few weeks ago on acquaintance of ours,
largely engaged in agricultural pursuits, came
to our office to subscribe for our paper. He had
never been a subscriber for a paper before, as
signing as a reason, that he never had time to
read it. His time was devoted exclusively
to his business,.and he had thought a knowl
edge of things astir in the world of but little
importance to a farmer. It often occurs that it
is only a practical lesson which teaches a man
the influence of a Newspaper. A - publisher
may represent the usefulness and advantages
of a journal, but his representations are doubt•
ed by some persons until their pockets are
touched, when they lose hundreds of dollars
by ignorance, when the same amount might
have been added to their resources by the trif-
ling outlay of $2 for their county paper. They
then realize the necessity of information—their
eyes are opened, and they subscribe for a pa.
per, and find the time expended in reedit!: it
usefully and profitable employed. Our friend
to whom we refer, failed to be posted up in
the price of grain—he was not aware of the in
creasing demand for it. He did not understand
neither did he know of the effect produced on
this article by the immense shipments that
have been recently made. The statement of
the markets passed unobserved by him—he
thought there was no necessity for reading it,
and perhaps 'he.hadn't time' Here is the con-
sequence—a few days before subscribing for
out paper he sold several hundred bushels of
wheat at 5 cents per bushel less than the mar.
ket price, losing thereby more than would be
suffioient to pay a year's subscription for a doz
en the best papers in the country. What we
have stated is literally true, and is only one of
the many instances where men are victimized.
Every man should subscribe for a newspaper,
pay for it, and take time to read it. No matter
what may be his avocation, whether he is a
farmer or a mechanic, a professional man or a
laborer, the advantages of a newspaper to him
may be almost incalculable. Indeed, the very
essence and foundation of his prosperity and
fortune may be discovered in its columns. It
conveys to him intelligence from all parts .of
the world—of.the progress in the arts and sci.
ences, of the fluctuations in the price of arti
cles of commerce, the means to improve his
land and make it yield more abundantly. He
is made acquainted with the enactment and
nature of laws in which he may be directly in.
terested, as acitizen or tradesman. It diffuses
light in his household, assisting in the devel
opment of the minds of his children, or tearing
away the web of ignorance, exposing to the
mental vission the advantages of virtue and
knowledge, and teaching them to "act well their
part" in the drama in which they are cast.—
These are a few of the reasons why every one
should take a paper. Dun't wait to be caught
as our friend to whom we have referred, but
remember that "a stich in time saves nine."—
Save Your Earnings
The practice which apprentices, clerks, and
others, have of spending their earnings as fast
as they accumulate, is one great reason why
so many never attain a position above medi
ocrity in life. A person who receives but a
small compensation forlis services, will, with
a little care over his exchequer, and a system
of regularity in his expenditures, find that at
the end of the year he is prepared to encoun
ter any emergency or mishap. But, as a gen
eral thing; they manage to get rid of their earn
ings quite as quick as they are due, thus leave
ing them wholly unprepared for emergencies,
by sickness or otherwise. A system of curtail
lag unnecessary expenses, if adopted by our
younger folks, would bring around the most
happy and gratifying results, and be the means
of 'raising eminence and standing in society,
many who now have contracted the habit of
parting with their earnings so readily and fool
ishly—for the habit of keeping continually in
debt, begets indifference and dissipation, a lack
of self respect, and an utter disregard for future
prospects. The real cause for a great deal of
crime may be traced to the habit of a foolish
expenditure of money in earlier days.
Norristown & Freernansb. R. Road.
At an election held at the house of Judge
Longnecker, in Montgomry county, February
.7th, 1853, the following named gentlemen were
chosen officers for the ensuing year:
President—Hon. Joseph Hunsicker.
Directors— Geo. 'W. Footing, Charles W.
Cooper, Jacob Johnson, Aaron Schwenk,Jesse
Zeigler, Jacob Johnson, jr., Michael C. Boyer,
W. H. Slingluff, Daniel Longaker, Wrn. War.
rail, Jacob Schwenk, William M. Jacobs.
Secretary—Michael C. Boyer.
Treasurer—Abraham Eachbach.
Illuataated Magazine of Art•
We noticed at some length the January num
ber of this superb Magazine. The February
No., is now received, and surpasses, if possi
ble, its predecessor. Its illustrations are/he tin.
est that appear in any Magazine in this noun.
try ; while its reading contents are instructive
and entertaining, in.the highest degree. We
have in the No. before us "King John and Mag
na Charta," illustrated ; "A Gossip about Peru,"
also illustrated with several fine engravings; a
capital article on "English Railways," a fine
view of the "Interior of St. Paul's Cathedral,
daring the Interment of the Duke of Welling
ton," together with numerous other readable
articles, nearly all of which are finely illustra
ted. It is published hyA. Montgomery, No. 17,
Spume Jkleet,-New To*, ital./9r annuli.
Price of Iron—Does Labor Gain ?
The Easton Argus in noticing the recent ad•
Vance in the price of Iron, says:
"In the publio discussions that took place in
former days, we always contended that a high
er tariff, increasing the duty on iron, would
benefit no one but the manufacturer of the ar.
ticle—and we now have another illustration of
the truth of this argument. A few days ago,
iron was brought down to $2O a ton—now it is
up to $4O a ton and likely to remain so. But
has any one beard of the laborer at any one of
these establishments getting his wages increas
ed? Does the farmer get more for his ore?—
No indeed. The increase of $2O all goes into
the pocket of the manufacturer, and the man
who uses any article made of iron pays the ad•
ditional $2O. There is no such inequality in
Free Trade."
The Peniuytvanian copies the above and
says:
- - -"We call the attention of our working men,
who have so frequently been led, astray by the
federal plea of "protection to American labor,"
to this subject. The operative can now see the
lack of sincerity in all the Whig arguments on
the subject of the tariff. While the manufac
turer gets 840 per ton for his iron, he pays the
laborer, who digs the ore and makes the iron,
no more then when it sold for 620 per ton.—
Further comment is unnecessary."
Yes, further comment is necessary, in order
to showthe falsity of the statement. We shall
be brief, however, and rely in part upon the
Democracy for our proof. In the first place,
iron does not bring $4O a ton, as stated in the
Argus, and is quoted at horn $3O to $35 a ton.
As regards the prices paid for ore and labor at
the Furnaces near Allentown, we have made in
quiry of those who have the management of the
works, and find them to be largely increased
from what they were last year, or when pig iron
was sold at 820. Whether the works about Eas-
ton pay less we know not, but have every rea
son to believe that they also have raised the
price of ore and labor, and if our neighbor
would have taken the trouble to enquire, he
would have found it so. For the information
of the Argus and the Pennsylvanian, we will
state, that the works near Allentown at present
pay $1 20 to $1 25, for ore from mines, for which
they last year paid only 95 cents to $1 00. From
mines they last year paid 90 cts., they now pay
$1 12. For course ore which brought last year
$2 37, fine $2 25 ; this year coarse $2 80, fine
$2 62&, and in larger quantities as high as $3 00.
The hands are paid in proportion. The same is
the case at the Crane Works. Now for a little
Democratic authority.
Two weeks ago the Reading Gazette, one of
the Democratic organs of perks, states that the
laborer's wages in the laree Rolling Mill and
Nail Factory of Seyfert, McManus and others of
that city, were increased twenty per cent. Last
week we find in the same journal the following:
..The wages of paddlers in the Rolling Mills at
Norristown, have been raised from $3 to $4 per
ton."
We might add other testimony, but "further
comment is unnecessary.'
Pennsylvania Legislature
HARRISBURG. February 4
Senate
Feb. 12.—Mr. Fry read a bill in place to incor•
poratis a company to construct a railroad from
Allentown to the Reading railroad.
Feb. 14.—The principal subject of general in.
terest under consideration in the Senate this
morning, was the Senate bill N 0.78, to repeal the
general guage law passed at the last session of
the Legislature, which was called up by Mr. Sa
nderson ; the vote on proceedings to its consider
ation being—yeas 15, nays la.
After some remarks from Mr. Sanderson, Mr.
Kunkle submitted an amendment to the bill, au
thorizing all railroads heretofore chartered, to
change their guage or guages of road to any width
the directors of said company may deem expe
dient.
Mr. Kunkle spoke at some length in advocacy
of the amendment, and was followed by Mr. Sa
nderson, who favored the amendment, and spoke
generally in favor of the bill, arguing that the law
proposed to be repealed was dictated by liberal.
v iews and contrary to the true policy of any State,
which ought to encourage every legal and proper
enterprise calculated to enrich and benefit its 6-
tizens.
Mr. Darsie opposed the amendment, but ex
pressed himself as disposed to favor the original
bill. He was followed by Mr. Kunkle in support
of the amendment, and without which he would
not vote for the original bill. He wanted the bill
to be made general in its provisions and in its
operations.
Mr. O'Neill .moved to postpone the subject and
argued generally against the provisions of the
Mr. Buckalew opposed any postponement of
the subject in its present Stage.• He was in fa
vor•uf passing the bill to a third reading, and
then laying it over for the present.
The postponement of the subject was further
urged by Messrs. O'Niell, Kunkel and Crabb,
and the motion was finally agreed to—yeas 14,
nays 12.
Feb. 15.—Mr. Fry presented a petition from
citizens of Herbs and Lehigh counties, fora rail.
road from Allentown to Reading.
House.
Feb. 14'—Mr. Barr prebented five petitions
containing one hundred and forty , seven names
of citizens of Lehigh county, in favor of the Crane
Iron Company's Railroad to Macongy.
Mr. Barr read a bill in place to incorporate the
Keystone Lodge, No. 78, of I. 0. of 0. F., in the
borough of Bethlehem, Northampton county.
A Wealthy Ambacrador.—Veli•Pacha, the new
Turkish Ambassador in Paris, is only thirty years
of age, and is so immensely rich as to be call
ed the. Musselman Rotchschild. It is said he
spent fifty million francs on his journey from the
Sublime Porte to the Barrier de l'Etoile. All his
attendants wore, during the whole trip, the Turk
ish costume. He gave away twenty thousand
dollars in gratuities to servants, postillions and
Oltap?ountakts boa, Marconi*, to Pane.
The Silver Coinage.
The House of Representatives on Tuesday
passed the bill, which passed the Senate at the
last session, amendatory of the existing law
regulating the coinage of the half dollar, quar
ter dollar, dime and half dime, and providing
for the coinage of three dollar gold, pieces.—
The bill received no amendment in the House,
and therefore requires only the signature of the
President to become a law. As the subject pos
sesses general interest, we insert the provisions
of the bill at length, as follows:
Sec. 1. That from and after the first day of
June, eighteen hundred and fifty three, the
weight of the half dollar or piece of fifty cents
shall be one hundred and ninety two grains,
and the quarter dollar, dime, and half dime
shall be, respectively, one half, one fifth, and
one tenth of the weight of said half dollar.
Sea. 2. That the silver coins issued in con
formity_ with_the above—section-shall be legal
tenders in payments of debts for all sums not
exceeding five dollars.
Sec. 3. That, in order to procure bullion for
the requisite coinage of the subdivisions of the
dollar authorized by this act, the Treasurer of
the Mint shall, with the approval of the Direo•
tor, purchase such bullion with the bullion fund
of the mint. He shall charge himself with the
gain arising from the coinage of such bullion
into coins of a nominal value exceeding the in-
trinsic value thereof, and s hall betredited_with
the difference between such intrinsic value and
the price paid for said bullion, and with the ex
pense of distributing said coins as hereinafter
provided. The balance to his credit, or the
profit of said coinage, shall be, from time to
time, on a warrant of the Director or the mint,
transferred to the account of the Treasury of
the United States.
Seo. 4. That such coins shall be paid out at
the Mint, in exchange for gold coins at par, in
I sums not less than one hundred dollars, and it
shall be lawful, also, to transmit parcels of the
same from time to time to the assistant treasu
rers, depositories, and other officers of the Uni
ted States, under general regulations, proposed
by the Director of the Mint, and approved by
the Secretary of the Treasury : Provided, how.
ever, That the amount coined into quarter dol
lars, dimes and hall dunes, shall be- regulated
by the Secretary of the Treasury.
Seo. 5. That no deposits for coinage into the
half dollar, quarter dollar, dime, and half dime
shall hereafter be received, other than those
made by the Treasurer of the Mint, as herein
authorized, and
.upon account of the United
States.
I Sec. 6. That, at the option of the depositor,
gold or silver may be cast into bare or ingots
of either pure metal or of standard fineness, as
the owner may prefer, with a stamp upon the
same designating its weight and finenese ; but
no piece, of either gold or silver, shall be cast
into bare or. ingots of a less weight than ten
ounces, exoept pieces of one ounce, of two
ounces, of three ounces, and of five ounces, all
of which pieces of less weight than ten ounces
shall be of the standard fineness, with their
weight and fineness stamped upon them ; but
in cases when the gold and silver deposited be
coined or cast into bars or ingots,' there shall
be a charge to the despositor, in addition to the
charge now made for refining or parting the
metals of ono half of one per cent. The money
arising from this charge of one half. per cent.
shall be charged to the Treasurer of the Mint,
and from time to time, no warrant of the Direc
tor of the Mint, shall be transferred into the
Treasury of the United States: Provided, how
ever, That nothing contained In this section
shall be considered as applying to the half dol
lar, the quarter dollar, the dime and the half
dime.
Sec. 7. That from time to time there shall be
struck and coined at the Mint of the United
mates, and the branches thereof, conformity in
all respects to law, and conformity in all re
spects to the , standard of gold coins now estab
lished by law, a coin of gold of the value of
three dollars, or units, and all the provisions of
an act entitled "An act to authorize the coin-
age of gold dollars and double eagles," approv
ed March third, eighteen hOndred and forty
nine, shall be applied to the coin herein author
ized, so far as the same may be applicable ; but
the devices and shape of the three dollar piece
shall be fixed. by the Secretary of the Treasury.
See. 8. That this act shall be in force from
and after the first day of June next.
Strange Phenomenon•,
We.learn from the Holmes county Farmer and
Free Press (0.) that a wonderful natural curios.
ity has been discovered in that county, in the
shape of natural "gas works." This discovery
was made on the farm of a Mr. Purdy. We lake
the following extract from an article giving a
description of it, by a correspondent in the Far
mer
...Some eight or ten rods south of the house, is
a curious kind of earth; resembling dark saw
dust. The owner for some years has been aware
of the existence of some wonderful phenomenon.
The place on which the discovery has been
made has been cultivated for a number of years,
and it has been observed that in a number of
places, everything planted or sown, and all kind
Of vegetation would dwindle and die, and seem
ingly burnt up. After the late rains the water
was discovered to be agitated, and to bubble up
in a number of places, which led Mr. Purdy and
others to experiment,' by collecting a bottle of
this gas, and'setting it on are; when, the Instant
a lighted match was touched to it, the vapor ig
nited, and sent the bottle whizzling through the
house.
"1
found the extent of the space from which
this ingenious or inflammable vapor issues, to
be about two rods wide, and 15 or 20 rods in
lengtht the soil to the depth of six inches or
thereabouts is, as above stated, loose, and re
sembling dark saw dust, beneath this is the cow-.
mon clay soil. Examination in this led to the
discovery of small holes, perhaps half the size
of a man's little finger, out of which the vapor
issues. There.are nodoutdedry many hundreds
the.. laoleer •
(Communioated.)
Ma. EDITOR. -1t is very amusing to reside in
Allentown, and to be an unobierved listener to
all the arguments; for and.against certain Rail
roads. The citizens of Allentown, for a num.
ber of years have been endeavoring to obtain a
communication by Railroad with New York
and Philadelphia, and about the same time,
when this long desired end might be accom•
plished, we find the people all divided in opin
ion as to where these roads ought to be located.
One man wants it to run near his farm, anoth
er dont want it to run so near; one wants the
mountain tunnelled, another thinks it madness
to tunnel the mountain ; one man owns a nice
little lot of ground, and thinks the road will nev
er prosper unless the depot ie upOn his ground;
one owns a mill, and thinks it impossible to
run anywhere else except right by his mill
door; and so every man is looking out for his
own - individual - interest, and not seeming to
care a straw for public good; popular opinion
is divided—there is no union , and when the
subscriptions are added up, they dont amount
to enough to build two miles of road. But though
the people are divided as to particular places
for depots, and for particular routes, yet they
are all united upon the one idea, that all rail
roads ought to run through Allentown some
where. All unite in opposing any road that
dont lead right into Allentown, if such a road is
_asked_for._ltis-suffioient-argument-that--Ar
B and C residL.g in Allentown, will lose a few
dollars trade, and that road must be opposed.
There is an application before the Legislature
at present, to charter the Railroad from Cala
sauqua to Fogelsville, commonly called the
Macungy Railroad. The road, of comse, re
ceives opposition in Allentown. The arguments
are, it dont lead into Allentown—it will take to
Catasauqua some of the trade which Allentown
now has. A, B and Cin Allentown, wont sell
so many goods, or do so much business as be
fore. Catasauqua will grow in strength and
become a rival to Allentown. The Crane Iron
Works are rich enough, they are a grand mon
opoly, and we must oppose them. Allentown
against Catasauqua forever, and so on never
giving one idea to the vast benefit the road will
be to the country through which it runs, and the
rich resources it will develope but basing
their arguments upon self interest alone. I un
derstand that an anti-railaoad meeting DI about
20 citizens assembled at Esbach's Eagle Hotel,
on the 7th inst., and after organizing appointed
a committee of ten to draft resolutions. L have
read the resolutions, and they show how very
much the people of Allentown lave the dear
people of the country. I can't see the names of
the committee published, and being somewhat
surprised at this, I have made some inquiries,
and have been informed that you, Mr. Editor,
was called upon to publish, the prooeedingi,
upon examining them and not finding the corn•
mittee's names, you asked for the names,—
whereupon you was informed that the commit.
tee did not wish their names published, and en.
on receiving this information, you refused to
publish the proceedings. I should like to know
whether this is the fact, inasmuch as it will be
another proof of the disinterested love and re
gard of our citizens for the people of ihe coon
ty. EQUAL RIGHTS-
tar To our friend Equal Rights we answer, that
not tieing at all favorably disposed towards the
Macungie Railroad ; we were called upon to
publish resolutions of au anti.railroad meeting,
held at the Eagle Hotel, Feb. 7th, 1853. Up
on examining the resolutions, we did not find
the names of the committee appointed for that
parr) ; vv.) inquired of the gentlemal who
brought them for the names of the committee,
and he informed us that they did not wish them
published, whereupon we as stated above re•
fused to insert the proceedings.
Cheater Lead Mine,.—The Lead mines South
East of Phoenixville, it is said, yield 7 per cent.
The present machinery is capable of producing
4000 pounds per day—double the quantity now
made. The lead is said to be gotten out for less
than three cents per lb. It now sells for 7 cents,
—and handsome profit.
Large Apple.—The West Chester Record no
tices a "Fel[awake.'" apple sent to that office,
weighing fourteen ounces. This variety of ap
ple is of Berka countiorigin. The correct name
is “Fornwalder," so called after the family to
whom it owes its introduction, and whose de^
scendants still reside in this city. So at least say
those who profess to know all about its history.
The "Fornwalder" is a great bearer, and the fruit
grows to an extraordinary size, though rather in
sipid to the taste. It is found in almost every
orchard in Berks and the adjoining counties.—
Reading Journal.
Iron Enough.— Ovcr six hundred thousand
pounds of iron were used in the construction of
the new Bt. Charles Hotel, New Orleans. Of this
amount two hundred thousand pounds were
wrought iron. A portion of the iron in the old
building was used in the new, but about one
hundred thousand pounds of it were sold.
• Shoemaking in Massachweells.—There is an ar
my of at least 600 shoemakers in Marlboro,' Mid.
dlesex county, Mass., who manufacture 6000
pairs of children's . shoes every working day.—
One joufneynann has worked on the bench for
thirty years, without losing a day in consequence
of sickness, and during that time has saved ten
thousand dollars. One firm, during the lastyear
has manufactured 217,000 pairs of shoes. An
other of the firms do an immense business, em.
ploying one hundred men in that State, and one
hundred and fifty in their shoe village .in New
Hampshire. Last year they made 260,000 palrs
of shoes in Massachusetts, and at least as many
more in New Hampshire.
More of it !—On the 7th inst., Wilson Pliarson
of Bolebury township, Bucks county,says the In,
telligencer, killed four pigs, eleven months and
one week old, that weighed 407,400, an and 864
pounds respectively ; and their mother, that
weighed 668 Nub. This Is abOnt as fair a
as we haVii chronicled.
Important Dectialon.
We publi!th below a highly interesting and
important opinion delivered in the Supreme
Court of this State, by Judge Ellis Lewis, on the
law relating to judgments, assignments and pre
ferences. It is marked by ail that clearness and
cogency of reasoning which has made this able
jurist so eminent, and Will be read with interest
by all classes of the community.
SUPIITANIS CCIIIRTMIDDLE DISTRI CT.
Norman & Stonebach vs Philip Wolfersberger's
Executors.—Error to Common Pleas of Dail
phin county.
Lewis, J . —This is an issue between subse
quent and
.prior judgment creditors of Levi Wol.
fersberger & Co:; for the purpose of determining
the rights of the first judgment. It is admitted'
to have been given for a just debt, but the objec
tion to it is that it was given by the debtors whea
in failing circumstances, with a view of prefer;
ing the-plaintiffs therein, the debtors knowing at
the same time that they were insolvent. The
debtors never made any assignment for the ben
efit of creditors, and the only title of the plaintiff 4
in this issue to enter into the contest is founded.
upon their subsequent judgment and execution':
At common law, a debtor, in failing circum
stances, so long as he holds dominion over hie
property has an undoubted right to prefer one
creditor over. nother. Many debts are contrac
ted with a knowledge of the existence of this
right, and upon the full confidence that it will be
- exercised - to - secirrelhose who have the strongest
claims upon the conscience, and even upon the
gratitude of the debtor. Loans made from mo.
lives of friendship, and endorsements and other
liabilities incurred as surety, without expectation.
of profit, are of this character. At least they are
so esteemed by the community in general and
any enactment which takes away the right of a
debtor to prefer them, would produce a sudden.
change, so extensive in all business transactions..
that its policy Is somewhat questionable. The
project is supported by a refinement in morals
which is certainly in advance of the commercial
spirit of the age in which we live. At all events
a change so important, in the commercial deal
ings of the people, ought not to be put into opet
ation by the Courts, until the Legislative will, to
that effect, be plainly expressed.
The act of 1843, prohibiting preferences in as
signments for the benefit of creditors, makes no
such extensive change in the course of dealing.
It goes no further than to forbid preferences, in
and by the instrument by which the debtor sur
renders to his creditors all dominion over his
properly. In such a case, it is provided that the
assignment shall ensure for the benefit of all in
proportion to their demands. This was the con•
struction given to the Act in Blakey's appeal,
Barr, 451. It was there distinctly declared by
this Court, “that it is only a ben a mat , looses do
'minion over his property, and it ausfers that do.
minion to another, that the right of the creditors
to a pro rata dividend attaches. Whilst a mail
retains dominion of his properly, he may encuni•
ber and convey it as he pleases, if not directly.
forbidden by law, and prefer such creditors, by
payment, or transfer as he chooses." And it was
there added, “if it were not sin, an individual can
not get along with his busines s ." This con-
struction, limiting the prohibition to casns in
which the debtor surrendered lus property to oth
ers, was but the judicial acknowledgment of an
inevitable necessity. If th< dominion be not sur-
rendered by the debtor, who shall deprive him of
it, for the purpose of making a pro rata distribu.
I tion among his creditors 7 lt cannot be taken
from him "unless by the judgment of his peer*
or the law of the land." That k, by doe process.
of law—by judgment and execution ; and in these
proceedings, the maxim applies "Vigilantibus
non dotmientibus servit lex." The first in time
being the best in right, the only effect produced
by vacating one judgment, because voluntarily
given, would be to let in another, whose
vigi
lance, more than any peculiar equity in his claim.
placed him next in priority on the record. The
second judgment would get the whole fund, in
stead of the first; and thus the equality in whicb
equity is said to delight, and which it was the
main object of the Legislature to secure, would,
be defeated; and the act of 1843, with this con.,
struction.engrafted upon it, would be made an
instrument for securing preferences instead of
defeating them. In the one case, the favorites
would be the severe and exacting creditors, who
pursued their rights by adverse proceedings at
the costs of the debtor—in the other, the confid-.
ing friends , who advanced their money or incur.
red liabilities from motives of benevolence alone.,
and whose judgments were obtained without the
harshness of adverse proceedings, by the volon.
tary consent of a grateful debtor. It can scarce
ly be supposed that the Legislature desired to
produce a result so unimportant in its general•
policy, and which has at the same time so little
to recommend it on the score of justice. It fol
lowsthat the only admissible construction of the
act of 1843, is that which confines it to cases
where the debtor executes an assignment for tha
benefit of his creditors
The act of 1899, being in part materia, must
be construed in connexion with'that 1813, Judg
ments obtained for debts honestly due are not to
be defeated "by the subsequent discovery of the
insolvency" of the.debtor,..unless they were oh"
tained with intent to evade the provisions of the
actor 1813. The "intend to evade" the act of
1843, Is what vitiates the judgment. That act,
with an exception,in favor of wages, makes pro-
vision for an equal distrjhuiion among all the
creditors in proportion to their claims where an
assignment is made. The "intend to evade" an
•equal distribution, is what is forbidden by the
act, Where no assignment is made, there is no
provision for equal distribution; and, in such
case, the confession of judgments can have no
tendency whatever to defeat such distribution.—
Its only tendency is to change the order of pref.
erence, from those :which would inevitably be
by a passive submission to the recovery of judg"
menus by adverse proceedings according to lan:
To say that a debtor may bot voluntarily do what
the law compels him io doi and punishes him
with costs for not doing. is to expose the Justice
of the country to public contempt and ridicule.
According to all the decistoampon suitntes en•
acted to prevent frauds upoa creditors. the girt,
who Ambled a /mouthy or toaveyesetr In go ids
ftilth was not needed by the wrongful MUM of