v?nlcc of Old Rye, forgot all their perils and
and fatigue.
"How near the rocks did wc go," said I
to one of the master's mates, the next morn
ing;. He mado no reply, but taking down
his chart, showed mo a pencil line between
the outside shoal and the Light House Island
whioh must have boon a small strait for a
fisherman to run his smack thlough in good
weather by day light.
For what is tho noble and dear old frigate
reserved 1
I went upon deck; the sea was calm, a
gentle breeze was swelling our canvass
from our mainsail to royal,tho isles of Scilly
had sank in tho eastern waters, and the
clouds of tho dying storm were rolling off
in broken masses to tho uorlhwaid and
westward, like tho flying columns of a bea
ten army.
I have been in many a gale of wind, and
have passed through scenes of great danger
but never before nor since, havo I experi
enced an hour so terrific, as that when the
Constitution was laboring with the lives of
five hundred men hanging on a single small
iron bolt, to weather Scilly on the night of
ihe 11th of May, 1835.
Note. During tho gale, Mrs. Livings
ton inquired of the captain if we were not
in great danger, to which ho replied as
soon as we passed Scilly; "you aro as safe
as you would bo in the aisle of a church."
It is singular that the frigate Boston, Capt.
M'cNeal, about the close of the Revolution
escaped a similar danger while employed
in carrying out to France, Chancellor Ll'v
igston, a relative of Kdward's and also
Minister to tho Court of St. Cloud, lie
likewise had his wife on board, and while
the vessel was weathering a lee shore, Mrs.
Livingston asked the Captain a rough but
gallant old fire-eater if they were not in
great danger ; to which he replied "You
had better, Madam get down upon your
knees, and pray to your God to forgive
your numerous sins for if we dont carry by
this point, we shall all be in h 11 in five
minutes."
From tho Lehigh Bulletin.
PROCEEDINGS OF COURT.
Commonwealth
vs.
Gustavus Adolphus Sage.
The Defendant in this case was indicted
for publishing a Libel upon the Character
of David R. Porter, previous to the late
election. The Libel charged Gov. Porter,
with being a " perjured knave," and with
' fraudulent Insolvency." The indictment
contained but two counts embracing these
charges. As the case is ts be fully report
ed, we shall not attempt now, neither have
we time, to detatt tho facts, as given in cvi-
uence 10 tne jury. Wc will however state
behind the 7th section of the 9th aiticle of
our constitution which permits, " in prose
cutions for the publication of papers inves
tigating the official conduct of officers or
men in a public capacity, or when the mat
ter published is proper for public informa
tion, the truth thereof, to be given in evi
dence." To this the counsel for the Com
monwealth did not object, but cheerfully in
vited the defendant to the enjoyment of eve
ry right of defence, atTordcd him by the
constitution and the Laws. The doors be
ing therefore thrown wide open and nothing
intentionally left to impede or resist a full
and free investigation of the truth of the
charges, the defendant commenced by pro
ducing the notorious John Stonebraker as
the first witness. From the undecided and
equivocating manner in which he testified
in chief, a jury could have scatcelv placed
any reliance upon his testimony, and before
he had undergone a thorough cross examin
ation, it was easily to be perceived that his
affidavits, which were tho original founda
un .thc Libel, could not be supported.
Aficr his examination had closed, his son
Samuel StonebraKor (Stevens Boss) was
called, whose testimony contributed but lit
tle to the support of his Father. To com
plete the trio, Robert Campbell the late
Prothonotarv of TTimi;,! r.,...
, , . fiu"" vuumy suc
ceeded; and the wrecklcss manner in which
mis man tcstilied, was sufficieut to maki
one doubt the eftac.t
- miu U J
an oath have upon tho consciences of some
au lusmmucr at trie depravity of liu
man nature. We shall tint ; dm
of the testimony of these mon, but content
uu.ac.vca ,vn:i saying, mat it they can with
quiet consciences there may indeed be on
earth peace to the wicked.
The character of John Stonebraker for
uuin anu varacity was most awfully im
peached by six of his most respectable
iiei!'bor!, who testified, thatthoy would not
believe him under hath. Neither did the
character of Robert Campbell stand in a
better light. For tho witness who succcd
ed him, and called to. by defendant, testified
that he (Campbell) has sworn to a positive
fahr'ood. Upon the testimony of such
witnesses as theso had the defendant the
shameless audacity to ground his defence
and justification of his conduct. Gov. Por
ter wa3 present during the trial. His noble
and digo led deportment was marked by no
agitation no fearful apprehensions of the re
sult. But seemed rather to bo laboring un
der feelings, of pity and contompl for tho
wretohed miscreants who was attempting to
rob him of his characler. And when cal
led to tho stand as a witness for the com
monwealth, the mild nnd modest, yet, firm
and convincing manner, in which he gave
Ins testimony, oxoited tho sympathy, and
it the same time the admiration of overy
spcctator,and left upon all but one, deep
impression, that ho was a much injured and
abused man. Wishing to have every busi
ness transaction of his life investigated,
and to give his enemies no grounds of com
plaint, ho went much further in detail than
was even necessary for a triumphant vindi
cation of his character. And after hi tes
timony was closed, every shado of suspi
cion that malice and calumny had brought
upon him, was removed, and ho stood forth
with an integrity as puro and unsullied, as
the new fallen snow. Such has been tho
glorious termination of a trial, which not
only involved tho character of tho first offi
cer of the commonwealth) but tho liberty
and liccnciousncss of the press. His hon
or Judge Banks in a very clear and lucid
charge to the jury, drew a lino of distinc
tion between them, and plainly defined tho
rights of the press. They may canvass
the political measures, or creed of a man,
but cannot vilhfy and abuso. His charge
was able eloquent and conclusive. So clear
ly did the evidence enable him to sweep a
way every matter, that m?y once have been
doubtful, there was nothing left for the jury
to do, not a solitary fact remained unex
plained or required their deliberation. Tho
cloud of suspicion which the lying affidavits
of the Slonebrakcrs had hovering around
tho character of Gov. Porter, was swept a
way, and it shone forth clear as the sun in
his meredian glory. Under such circum
stances tho jury could not but return a ver
dict of guilty against the defendant, which
was done. Thereby declaring that the char
acter of Gov. Porter is free from the foul
charges made against him by his political
cnomics.
Bridges, Barton, of Phila. and Gibons
for Commonwealth; Brown, of Easton, for
defendant.
VETO MESsTgToF THE GOVERN
OR UrON THE LOCAL APPRO
PRIATION BILL.
To the Senate and House of Representa
tives of the Commonwealth of Penn
sylvania. Gentleman. The hill nntliTivl nn nni
making appropriations to certain turnpikes,
state roads, &c. within this commonwealth,
and for other purposes" has been presented
to me for executive approbation, but as I
cannot give that approbation to this bill con
sistently wiin my own sense ot duty, 1 re
turn it to the House of Representatives, in
which it originated, with my objections.
It makes large appropriations to the pay
ment of the debts of several incorporated
companies: to the buildinrr nf l.ri.Ws. tlm
improvement of streams; the repair of vari
ous lurnpiKO roaus : anu tho building of a
hall in tho citv of Lancastnr mnnv nr nil
of which objects might be perfectly proper
nntl rlrrtlt .mil llin nr.mmr..
-- "b . UIIIU wiu.u
wo aro labonncr under an nviet.nir att ,ii,.
of upwards of thirty millions of dollars, it
does not appear to mc that it wnnM i.n n.ii,-
er prudent or proper to borrow money, or
.......... rv.ur,v, lu luinu minis io give away,
with so profuse a hand on improvements,
many of which are secondary at least in
character and general importance. If it
were even advisable to increase the slate
debt for this purpose, under any circum
stances, the present is not a propitious time,
as there is difficulty in procuring monov for
existing responsibilities on favorable terms,
and that difficulty would no doubt be in
creased by increasing the amount required.
This bill makes the following apropria
tions to tho objects named.
Here follows a list of 125 incorporated
Road and Bridge companies, to which are
given about 275,000 dollars which we omit
for want of room.
In the message which I submitted to the
legislature on the 20ih day of January last,
I took occasion to communicate at some
length, ray views relative to the system of
internal improvements in which this com
monwealth is so deeply embarked.
I will again state in a few words the gen
eral principles that in my judgement ought
to regulate the action of our government in
carrying that system into cflcct, so far as
the same havo a direct bearing on the sub
ject under consideration.
The primary object avowed by all de
partments of tho government in tho com
mencemcnlofoursystem of internal improve
ments was to secure to uor commercial em
porium a due portion of the increasing Wes
tern trado or commerce, and to developo the
immense mineral resources of this common
wealth, distributed throughout the coal and
iron fields in such cxhaustlcss abundance,
and tho agricultural productions of her fer
tile vallies in herinterior.northcrn and west
ern counties. To carry this design into
operation, tho main lines between Philadel
phia and Pittsburg and tho lakes were first
undertaken and tho coal and iron fields on
tho north and northwest penotrated by tho
Susquehanna canals.
The immediate tributaries of the main
hnes.openmg into rich mineral deposites, of
course form a part of the system, and are
necessary to its entire completion. To se
cure tho trade of the western slates, and of
the northwestern portion of Now York was
also an essential object of the founders of
our improvement system.
Experience clearly demonstrates tho wis
dom and sound policy of the undertaking.
Had all the energy and means of tho com
monwealth been devoted in tlm
prosecution of this system, in its original
simplicity, the stable would now be reaping
the full fruits of her expenditures, and the
public debt, would not have boon swelled
to its present enormous amount. Influen
ced, howcvcr.by unfortunate causes fc coun
cils, tho legislation of the slate, has recent
ly tended to distract tho attention, and di
vide the means of tho public by the prose
cution of various undertakings, unconnec
ted with the main lines, and in many in
stances, wholly for tho benefit of private
companies; thus placing the public means
under their unlimited control, when the
faith of the commonwealth was already
pledged, to apply its resources to the com
pletion of its own works, and to the pay
ment of its own liabilities. It is manifest
at a glance, that just so far as the original
system has been departed from, so lar has
tho system itself been retarded, and tho
public money been squandered upon unpro
ductive objects. I do not mean to say, theso
objects may not have been of great value to
particular sections, and particular individ
uals, but tho public at large, had not the
samo interest in them, nor could their com
mencement, or even completion, materially
contribute to the prosecution of tho main
design. I rank them accordingly, among
that class ot secondary improvements which
should not be undertaken by the common
wealth, while others of much greater im
portance, remain unfinished and unprofita
ble. It has only been within the few-last years,
that this inftaction of the internal improve
ment system has been carried to tho great
est extent. The drains upon the treasury
of the commonwealth, through a thousand
unseen channels, have frittered down her
resources, crippled her energies and invol-
II' .1 1 . . . I I- ..1.1
cu ncr in tne most lncxtricauic uuncuiut-s.
To a person not intimately acquainted with
the fads, it would ho a question not easily
to solve, from an examination of tho recent
appropriation bills, whether the main lines
of our improvements were prosecuted on
account of their own intrinsic importance,
or merely as pretexts for lavishing upon
numberless other subordinate objects, mil
lions of dollars of tho money of tho peo
ple. In some instances, as in that ot the
bill under consideration, the appropriations
to secondary objects have been made first,
while the appropriations to the main lines
have thus far failed entirely. It will be but
one step further in the doparture fiom tho
original system, to drop the main lines alto
gether and henceforth disperse the treasure
of the commonwealth, among incorporated
companies local prejudices, local interests,
and expert bargaining to secure in tho gen
eral sciamblc, the largest share of the pub
lic money.
It is far from my intention to attributo to
any of these motives, or to the influence of
any ot these causcst the formation ol the
present bill' I am speaking of the direct
tendency of this cource of lcfrislation to
rrai vuliscqucnceanr rnuai ine?itubiy u-ati.
not to what result it has already reached in
its progressive influence on the legislation
of the commonwealth.
Unless a radical change of my opinion
should take place I can never yield my
sanction to the predominacy of this inno
vation on our internal improvement system.
I conceive it to be at open variance with ju
dicious economy, sound policy and enlight
ened legislation.
Thus viewing it, I should be recreant to
my duty, were I to sanction this bill. No
man can be more reluctant than I am to ex
ert the veto power. I shall never do it on
light or trival occasions; still less shall I
claim to set up my opinion in opposition to
that of the two houses of assembly: but
when tho completion of tho main lines of
improvement anu the interest ol the people
are all involved in a measure. I cannot
hesitate in tho adoption of my course.
It is highly desirable, no doubt, to those
concerned, that tho debts of all turnpike
companies, and in fact all other companies
in the commonwealth, should bo paid, But
the question is at this time, shall wc bur
row money to pay them, when it requires
tho joint exertion of everp branch of the
government to sustain its eiedit which has
been already stretched to its utmost limit to
satisfy existing liabilities, and to defray tho
expenses incident to the management of tho
public affairs. I cannot believo the people
of Pennsylvania are prepared to answer
this question in tho affimative. If I havo
misconceived my duty, or misunderstood
the public sentiment, it is a gratifying con
sideration that an ample romedy is provided
by the constitution, Claiming only the
merit of rectitude of intention, I cheerfully
commit this bill to the action of the legis
lature, and to tho final judgement of "tho
people satisfied that on this as on all other
subjects they arc the best judges of their
own interests, and of tho fidelity of their
public servants.
Although not necessarily connected with
tho main subject of this communication, it
seems to mo not to bo improper, to call the
attention of tho legislature again to the
means of increasing tho credit of the state,
and of rendering it at all times more certain
ly available During the existence of our
present currency, mainly composed as it is
of paper, fluctuations in our pecuniary af
fairs to a greater or less degree, are perhaps
unavoidable. Apprehensions of this state
of things, frequently oporato to deter capit
alists from advancing money to the state
when required for public purposes. It is
believed that this evil would be principally
removed if provision wcro rnado by law,
for paying tho loan-holders tho interest on
the loans, at all times, in gold or silver or
in equivalent funds at their own discretion.
This would be right and just, because the
money loaned to the commonwealth was of
the samo kind, and the interest on it should
bo paid in a medium as valuable to the cred
itots, as the original advancement. I re
spectfully suggest to tho legislature the
propriety of enquiring into the subject and
of adopting such measures as aro compati
ble with sound policy and enlightened jus
tice. No occasion should bo spared cither
on tho part of tho executive or of the legis
lature to impart to tho credit and standing
of this great commonwealth, all the strength
and stability to which they aro entitled by
her native resources, and tho industry, en
terprize and integrity of her citizens.
DAVID R. PORTER.
Executive Chamiieu, ?
May 0,1839 $
THE BRAGANZA TRAGEDY.
Jin Appalling Narrative.
Several of the New York papers contain
detailed reportsjof tho trial of the Braganza
Pirates and murderers. It is unnecessary
to publish tho testimony at length, but the
fnllnwincT slnrv nf tlm ilrpnilfiil cpnn no r-
O - WW....... www,, w, I.W .V,-
latcd by Robert Moir, the second mate will
l. 1 .l. .
uu rcau wmi interest:
In the months of July and August, I
was second mate on board the brig Bragan
za. She sailed from tho port of Philadel
phia on tho 7th July, 1838. The captain
was Arncl F. Turley 1st mate Thomas
Vandcrslicc myself second mate there
were four able seamen, and two boys as or
dinary seamen. The pnsoncis were on
board as seamen. Wilhclm was known
nn linnr.l nq Hill. Vnn Urimrrnn mna rnllr1
Joe and a man named Adams on board was
called Harry. I here was a colored man
on board named I nomas Brown who was
cook. Mr. and Mrs. Dichl and the cap
tain's wifo were on board as passcngeis
Air. Dinhl wnn tlm nwncr nf tlm liriir. fin
Saturday night 5th August, I loft the deck a
, T. i.i ,..!..!. 1 T.. IT 1...
quurmr utter i-i u ciocii, anu air. vnuuer-
slice took chanre of the deck, as it was his
O r - -
watch. I cannot say which of the sailors
were on deck after I left; I retired to my
berth in the state room in the cabin. The
captain and his wifo wore asleep in the
starboard berth, and Mr. and Mrs. Diehl in
tho larboard berth. There was a door
from my state room into tho cabin. I fell
asleep I was awakened about 2 o'clock
by the cry of murder, which I took to be
the chief mate s voice and so still I believe;
I heard them twice after I awoke, and also
heard a scuffle on deck. I at once jumped
nut fif tnv l.nrtli nnrl ii'nnt .ntn tlm f'lm
w . ua '"J uwm.l. Utah 1,W(,. .(..V .l.u UUUItl
and found the captain and .Mr. IJiciil getting
, r.i. i ,i . t . i t
out oi tncir Dcrins. i went on ucck, prece
ded by the captain, who, I think was not
armed, I was at the bottom of tho steps
when the captain was at the top. On the
deck was Mr. Vanderslice first mate lying
on deck wounded and bloody, his head
hanffillff llnwn -the companion waV. lie
spoke to mo; I found the four sailors, in
cluding the two prisoners. Knudson and
Adams on deck. I found Joe engaged with
.no capiam, uui also engaged m tho attack.
Jop was armed with a pump brake or hand
spike. Wilhelms had a sheath knife in his
hand ; Hans and Adams had no weapons
as i saw. seeing Joe engaged with the
captain, I struck at him wjth a belaying pin
I had in my hand, and hit Hans on the tem
ple. Hans being nearest to me, I got hold
of him and tried to force him down. In
the scuffle I was tripped, and fell on the
top of Hans when Van Bruggen, or Joe
struck mo with a handspike on the shoulder.
Adams then cut me on the head with a
knife, and wounded my fingers severely.
l ne captain then returned to the cabin to
get a cutlass, and said he would fix them.
While he was there Wilhelms unshipped
tho gang-way amidships, and kicked it over
board leaving an open place in the bulwarks
of the vessel, so that a person could be
thrown overboard. Hans and me were
still scuffling, and whilo we wcro, Wil
helms and Adams took hold of mc, and
tried to throw me overboard. I went over
board through their means ; I held on to
nans anu iooh nini overboard with mc
and caught upon the after guy to which
we.both clung. Hans then let go of me,
and a rope was let down to Hans, who got
hold of it, and 1 did also. Van Bruggen
or Joe then got a handspike, and struck mo
on tho arm, fracturing one of the small
bones, while I held on tho rope. Mean
while tho captain came on deck with a cut
lass, and tho attention of the men was turn
ed from mc to the captain and I got on deck
and crawled to tho companion way of the
cabin much injured by tho blows. Whon
I got into the cabin, Hound Mr Vanderslice
lying at the foot of the cabin, tho captain
was lying on tho deck held down by Van
Bruggen or Joe, and Wilhclm or Bill. The
captain beggod for mercy, and prayed that
they would spare his life for the sake of
his poor wile, saying ho would forgive
them all they had ever done. When I got
into the cabin they fastened the door with
spikes, to prevent any of us from going to
the assistance of the captain. While there
I continued to hear cries of the captain on
deck they were cries for mercy. They
continued some time, then there was a still
ness of about five minutes; then I heard a
splash in the water. I then heard a cry from
the captain in the water exclaiming,"Oh,n)v
God, I am dying." I could see the cap'
tain from the cabin window in tho water.
I observed the captain trying lo swim in tho
watei until he was out of sight. It was
night time, and I did not peo him sink.
I came on deck tlm 7th .In,. t
came on deck, I was confined by the crew,
U ! t ti itflinm T ......... ! . .
...... wmujumuiivcu every uay,
Tho crow had epinmnnd of the vossel; Wil
hclm having tho chief command. The
crow said it was very well known what'
they had done with tho captain, and they
should consider it their duly io put us out
of tho way in like manner, for their own
protection and safety. The course of tho
vessel was changed in about six hours after
the murder of the captian; Hid whole of tho
crow spoko to mo and asked for various
things out or the cabin which wo Hjscd
to give them, until they would tell what
they meant to do with us. At tho time of
tho murder tho vessel was off tho Western
Islands, in a right direction for tho Strait of
Gibraltar, bound to Genoa. I asked them
why thoy changed the course of the vessel;
they said we Bhould find out soon enough ;
they said afterwards, they were bound to
the British Channel. After this, Adams
said that he would take the brig to within a
few feet af his fathers door, or to Hamburg.
Wc icquested them to permit us to como
on deck, they said they would think of it.
The first three days wo wcro in the cabin
they treated us very badly, tho next tlirco
not so bad. They required us to give up
tho arms ; wc at first refuscfl, but finally
as wc had no ammunition, we agreed to
throw them overboard. They demanded
also the chronometer, and tho jewelry, spe
cie, and other valuables in tho cabin. On
our refusing to give them up they prepared
to darken the cabin windows, and shut out
all light. Wc gave them up ; thoy then
attempted to sufTocatc us by smoking us,
pnlcss wc would give up more money ; we
were smoked 15 minutes. I went and beg
ged them to remove tho smoke. They
came and a3kcd what X wanted ; I told
them and promised to look for some more
money if they would remove tho smoke ;
thoy did so and the smoke ceased. Tho
first persons they allowed to come on deck
were Mr. Dichl and his wife. Do would
not go without his wifo. They proposed
to give us the jolly boat, said there was a
sail in sight, if wc wished to save ourselves
now was the timo. Some time after this
wc came on deck; Joe was at the wheel,
and the tho others standing round near him.
they wcro all armed, except the boy, with
knives or hatchets. Wilhclm called him
self captain and Adams was 1st male. Wo
made a proposition to them to let us havo
the long boat ; they at first refused but fi.
nally consented, and stifleicd Mr. and -Mrs-.
Diehl, Mrs. Turley, myself and the cook to
go into the boat, at 2 o'clock in the after
noon. When wc left the vessel, Mr. Van
derslice was alone, lying on too cabin floor
languishing under his wounds. Wc wcro
taken up the noxt day by the brig Edwin,
bound to Grecenock. I arrived in this city
on the 20lh of October. I havo not sce;i
the prisoners since I left the vessel befbro
this morning.
MR. STEVENS.
It will be seen by the proceedings 6f tho
House of Representatives that Mr. Steven's
presented himself to that body on Thurs
day, and claimed admission as a member,
and that a resolution was offered to appoint
a committee to enquired into the right upon
which that claim was founded. Some of
tho opposition affect to be furious at this
course, and arc endeavoring to twist it into
an outrage upon the people of Adams.
Tho right of the Houso however to appoint
a committee for the purpose indicated in
thc rcsolution is undeniable, being one of
its inherent as well as constitutional powers.
That the case of Mr. Stevens is one in
which that power may bo properly exercised
is equally undeniable, and we shall bo much
mistaken if tho result of the investigation,
which ho and his friends so much dread, if
gone into, will not prove that he has for
feited his right to a seat. Engaged in a
black conspiracy against tho rights of tiio
people, selling himself up above the laws
and the Constitution, and defeated in his
unholy oVject, he has for five months re
fused to discharge his duty a3a representa
tive denied the validity and the constitution
ality of the House to which ho now seeks
to gain admission and heaped upon its
members and the people who thoy repre
sent tho grossest indignities. Nay, oven
up to tho very hour of presenting himself
before tho house, he declared it to bo an il
legal body, and that consequently ho would
not bo bound to observe cither tho oath im
posed upon him, if admitted, or tho rules
and regulations which govern tho body.
With these facts staring them in the face,
tho members of the House of representa
tives would hare been false to their duty if
they had not pausod before admitting a
man who in acting upon tho great interests
of people, would not, by his own declara
tions, bo governed by the usual oaths to dis
charge his duties as a member of the houso
with fidelity. Reporter.
Let the people have timo to become tho
roughly and soberly grounded in the doc
trine o equality, and ihcre is no danger of
oppression either from Government or from
anarchy. Very little instruction is nccessa
iy to teach a man his rights; and there is
no person of common intellect in tho most
ICIlOrant cornnr nf 17,1.,,,. I..,. :.. i.
--"x.Vjiu UIJV lUwCIVliS IBS-
sons if they were of tho proper kind. The
strength of Government does not consist in
any tlnnir within iiKi.ir i,... :., ,i..,i .
or a nation and tho interest which the peo-
nln (nit in uiinn..i:... n ... F
it. wnen this is lost,
Government is hut a child in power.
Thero is a man lu-irnr ;,. 1 .......
t .1 . . fa iwiuiiu who is
so largo that it takes his dxg all day to trot
around hjun,