Lewisburg chronicle. (Lewisburg, Pa.) 1850-1859, August 13, 1852, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    LEWIS BURG CHRONICLE.
It C IIICKOK, Editor.
O. X. WORDEX, Pbixteb.
aviiii i
J.H. 1-" - "
ijii.ci-kxd.vt n-ii.' j
. .
. i - n'..;..... . m,mii'nir. if Lctcuuun?.
-...- : irn,u!iu,uc.
w.-". -j. .
Tt.it v. $1 J i"-r y'
.i r-. ;r ...iii within tlin t
,- --t.wlly in .dram-.;
r .u-nth.: jit, ir pM withi..
K.tlL .Mar fxuiii-. - .. rmt. tnr
vr; ii n-H ii w1"" y-v . - .
.luitlr pumwn. s-alr-ripiKiii. - m i. .wiur l..
..uiiir . A...i..n-.i .in. k.
iu
,u.rr. O.H- week. i to nvlu. $i yc.r: Jwo -q.urM.
mi.ri?'FJ?S'??V"
A.UTtSrVKVT. nmiWIWIT mnni ' "-Mfc- -
. i.wl i.. or tlciiii
'
Omvm fiw liri-d oa all TOtji-ctj of r-ncrl Inln.
within lire ran--' of ltr or H-rtrua 4itxt.
Tl Wtr. mut enow v-t-pwa. aoBM-ipaiiioJ l.v th r.-l (
wrr ottiw rii.-r. to rmiw iiri.u.m. 44-tikm
fl..lilic n-lu.l-.-lT t tll'HllonIIVp.rmint.t..ll.l.!
' ,., ii.t -. iim-iu. iA,u.r w4 uoso un
Uimm t N- I'Mir. I
"".L .:. ..r..-t. iK-twwn mn.i Tiurd.oTrr
...-l.. lull. . W'Hll'C.
.in'- .m - W..U1.KV i-n...
tl r.fe-. " -v KV
Watching.
Tbrfoiv..inf iiur awpHntrd from the r"'"' '' ;
VTaliVTZ'l
marki Uit IfcM-Ut Bnunw.- "'J " ;
h East, during Mr. JuuVm lonely niriM T w"
instibct '
j : ..t l.-r ilvlnir liunluMHl. Th linrt itra
itii the grrrtie wrrow nd tn-mirtoc und.ruc. . a !
wnmaii'l u'li-t, amid Ihe piuirtlnic rDauowi 01 a uu
.1 tA LnurMii nL No uizlbh porni a ill) rn hirh
we arc anjuaiut.-d ciTra a more p. r't-ct nUection of aa !
Kvn"r!rlU?,b
nd ti'.jtt utr.nf skill of tlx irt bj wLxh, iioii. t- j
.k.th writer jriw th foiulim Iiup of hr oul lo the
di;.ul linkliiicol the rngi Dews, uie cooi v
n il 1 1, ml the thMlowt which.
With zrnilr hnman mrt
.'nnuiuiitriulc ami tiuuld
of
my Vt ani fro wound the lowly cuuch of the ClimLan
Thr dimtjf dnj Is d"v.
Lr! fr'-ni .r ti- fn chinp remi fcwep,
Vidt i.ver jriovf f biin,
Ih.wo from Um t-iw.-rm i'm,
Iu at tit ramrni'-nt I'O'tiiuj run,
AnU rt.amJ :liy luwlj beJ,
Thy hrj jam.
tt iUiia thy j mtient ha.1,
I.ikr icraij-ful rtuwtraor rain,
Tdry omw;
V hil the whit- curtain, wairinjc mm! "i
Kin th trk air:
An I pit inply th rhiwh anJ gi
Villi ceiitlf hnttt" e-".
4'unijariDaie aud dumb.
Th la-tTdtr i done,
Tht i.iuht l4run;
Whilf .ni rtul wath I
titer t" i"iff ht th fcurh
JH" fintrr tltna l't muHt ?
-in would they mtur -.p, oVr th' now,
r. w.th a H'ti cTf-if,
Thr Vi' iti'ihtUM iip itit n n thf pnris
I (fm the w-nry lip awl a hi tit; hrw,
Whit- iT.iyrrtu aU;h 1 kwy
irl hl,:
Hit th pabi ;ir-
Tin: belU r.- jin-inr.
J'iwir lirt; jr!'l-n rirt ii in a flutter
With taJti tt MiDg aiutia iiatt Uarvd to utt-T.
Till a.l arr siu0iu
A it a vh ir . .
tf ,i.irn-ue-t.l blnln in haTcn were ng ng,
and wiib a lulling MHind
Vh l!i tUnL antund.
Ai d .Iroj n -a m t the drowsj i-ar;
C.nim Dtu: with tlie hum
rf the 2iy'Uitaijt Iriim.
And lair bt wr dn-nius n-ar
min.t ttM-oe oX de. pj4 atii-nce briro,
Uk i.ltfhi aifh. rit. bj wora;
fih-ui. tlmt I Ktirwlirn.-u trt
T hepr (he tliiWio of twy h -ar.
.4.11 Wlrii. with rJUTWUJE-IWl "f P.
T.i mv ihv -a lift- -"'
TI. ward, with hi ntou-itke vyr,
l tw frxria ibe mortis in fMn1"
At nurh Htmiuetinh-t fu-r harih din;
T. o vfittun -.Uly out,
Ami l--k nb tit.
M.d with h. h lw fft
Tr-n is I. in MUi-l eTftiiit hfat,
I:irt u 4n hi ny
lit .--h a trlnv. iii-nie sort rrf wy,
Hih ( It. mu- mrU'iiiv.-' i O' Mit
And til i-rrwrUiawi!ii
It tit uoiwJtTf ; ;
'j li U a ui anrhuly murioar riup,
Ai tear w -re in th- ky:
Mn h ti'y th- -hail.tw f.ll.
I.lkr tic biaVk d.!.litljPf aI.
t here' ju's lh iMugh Uain fi-otn the wall ;
Tilt rat-d' flaw
W'.th (rt-flter itu" of air;
Tli Ifi tltr'c dri-'tj-
Ttiritf h a dirifff-like. FliUry bi'-rti:
.Niht do jun. and I Fit, in cUwrlw doubt, alene.
1
I c
I
The Cbesipeake Bay Pilot's Story of
the Wrect I
"Now, Pilot, tell us something awful;",
sail .Miss D., " something, for instance,
iih-mt a honid wreck!" "Ah, replied
tchooner was an awful one too. Let me ;
fee, it was four years ago last March, as J
we were cruising off the Capes, having j
run out of Hampton roads, just after i
hard blow from the eastward was over, and j
the breeze had sprung up iroui me wcta-,
ward.
We were running out under
mainsail, when early in the morning
. 1 . r..,.,w.l.".w. .ii lli.i nrnitrint lirkW u l
looked like a rock, which we knowed in j
1 1 1 ..' 1 cuilllluill" uu . .... nwuv... " " '
reason it couldn't be, but there uot being j
any sail in si"ht, and as we had plenty of;
.Jr. . I
poor fellow had stood alone on a wreck 1
when a vessel has passed in plain bight,
supposing it to be abandoned. Ah yes, it
was abandoned after that vessel passed on, I
and the asonv of despair endured by that t
poor soul as the sail disappeared in the !
horizon was a balance in the scale ot Uu-;
man joy and woo 10 an iuc uaiqnuees
11 . . t : !
ihose cruelly careless deserters could ever
kn iw. Oh, I wish that people would j
think of this, for what is the satisfaction (
of a few hours shorter passage to that of
rescuing a fellow creature, or of having
Lad the will to do so, from a miserable
death.' Yes, a man who, from such mo
tives Las boarded a wreck, even should it
prove that there was no one on board cf
bcr, can fill away bis maintopsail again
with a feeling of greater satisfaction with
lrhnseif for having done Lis duty than if
he whole world bad congratulated Lim
upon Having made the shortest passage or
- tbe most pro niaine voyage oa record.
However, as we hauled our wind, yon
see it was no eredit to us, it not being ost
f the way of our cruise. TreUy soon we
jaaue is v& uPj
r n rn "the horridest WrctK I Ccr lnw lin Ki-hnoner was Ivmir. to thev U., ;iii ,. .....l-r. - r-iilnvid iiloii-r t o i.,i mi ,1 iimtrMiiilis. nn,I n.-r haiis inucll uereinaiter prowueu, as i. is ueieiu- ...... ..
.u r !.! .Ml" .,, . .... ... T.i.., l r : ,ir: "V. V.l ., '.....I ' J after provide d that a tax shall belaid on! within a tew days, the stars
Klioweu was tue it. , were aoic upon uer Kuiui; uuttoui uu iu s-ut. ; suum iuuiu n uiuu "it . ...-.j... - i- -u j-.-v . . -,- i i j . i ,
. . .,, .,'i.... m...i...j;. , .u. i ,.m Ln h A.mt,. nd the counsel on both V5t. If- th-relore the SuM.iohann.i ! any road that may be made. Lut it is j pitious, and we Lad to bide our
rot Move a., np .y .....u. . uirougn . r. scut jV- V -"."-',, . irnw almatUa i'1,,,V charier . likelv to benefit ! argued that the power is given in the Ardenheim contains one
t.;rs't.ncrat,..gabout.ntU.sl,ay,andrun-!-,bc couimcd a,r bad held the vessel up ; - u rf thcir ufflmeat on that j Baltimore and injure Philadelphia, this body of the section, coupled only with the ufy-six acres of as fertib and
inn louioi cue timers. uii now, out mcy uau uespaircu oi euccor . . . , considered it with lhe;would have beeu a very good reason for , condition in uie nrsi, prjws, auu uat. uie , ,
liniC.We lulled "P XO W Story gao uib u...w uu u-. -umv-i u. u u.u-6". .",..y o: . . - , . .:l.,l A,,,! tn ,h.f, tli.'a r-ill -B-r.
That'swhat-orlcoughttodo,whcthcrtheycrewUdeusgood bye in a firm d P then, the privilege of constructing lined rule o iiiterpreta,.,,, in all the ; p. h 1. nd to t' aH we
1 . . I . . . iihnr r:i rn:rrl n hrnr 1 in Snsriu.-haiina 1 St.-ttes nt the Union. US Well as 111 Lllirlanl. ar -ulltiltU 10 tne UTS. proviso, wuicu ;
Lave time or not. God knows how many a manly voice, which only faltered as lie . . . ". . i. .. t i . i ....:- . ...i i... i mints out. no mode of exercisin-2 the I
,;..l.i . f .. I. ....rim,? .J fiftu tnn
I K w. - f;ir llllllpr -vji e
I VM " " - '
, ..!,, , . anil T don't,
I know as we did it for any reason in partic
...
I !,- l,iit as the sea was smooth. We launched
'
!.. MnrtA nnrl vllf nliinfrmiil and fiOIUQ OI
, me i-auw aiiu wiu.
. ., . ,,,
' i. a rrnl nut unnn thr vessel bottom. lUIIlK
,""o -i
( v. " , - O s
f Jns:,le t At first
he some of the cargo I
; we thought it might
a : .1..., :n .!,
i ... 1 i-
wrccK, iut as we iiswuea we uearu inuis -
'
A. i . i .
titictlv but surely a human voice.
"""V " .
Instantly returning to till
J
cured the few tools that wei
. ,. ,. .
ic boat we pro-
weroon board
.... . .
all axe. a hatchet, an J a saw. anu com-
'
, 1 1 nttinr holo near the gai board,
but in our haste the axe went overboard
Upon the first blow, and was lost ; and this
crdcHne how bitterly was it repented
OI :
Well, we worked away with tbe
hatchet and the saw, so that in a few mo
ments wc made a hole iu the plauk under
which wc had heard the noise, large enough
for a pCr.SOU to sllOW hlS face, aud for US
twr from Lelow the shout of joy of
t iKise who had hailed us as tUcir uciivcrcrs.
v- V(,r ninn (Wi,IP(l n hft more JLs-
appointed than these poor w retch were.
For a few moments they cave themselves
Up to the Jclil 'lUUl of joy, au J then wbt'U
llL'u
hat
ing
the awful truth dawned upon them thu
1 we, instead of saving them, were scud
them to more tpcedy destruction there
: came a contrast no pcu con describe, no
! tongue can tell. The hole which wc had
j made, although not large enough to extri
cate a man, allowed the air which had krpt
the hull afloat to escape, and to our horror
wc saw that the vessel was every minute
I sinking and we ourselves coming ueurer
j to the surface of tho water. j
j We worked with the hatchet arid thc j
yaw with all the energy meu arc capable
Wi
! the small aperture we had made, putting
I through their hands and seizing ours with
convulsive grasps.
Oh, hope long deferred, thus to dawn in
! cstacy and to sink in despair ! They yel
I led, they blasphemed, aud they prayed.
I They cursed the light of heaven which broke
upon them thc sooner to shroud them in
i eternal darkness, aud theu they fervently
! implored forgiveness.
it, hut could only cut the plans, in vain j 1 1- , ,11 m-, t-umou. 6 -----o .- -- j - --1 , . . , , , an.nrv t. v.:a u uls operauons, wui iurnish tum, at tho
' . . . ... ' ... . , ., inasstd u the 2tth of March, 18.l2, gives nini.rt and lif nanna is so plain, that any attempt tolca VJ uw n' tne Sunhury a . 1 -
, . . . ... , . iiirt M.i.itiii-tiipnT to rue ni-ii' a; 11 s coarttr. . .... i aii;..;.. .i..n... ....... A i or pxreniiinrr ineir riuiri nv t lie micmip- "
,e hacked w.tu our little natcnet upon tne , () & the -. . . ' of M j pruve ;t wouli l(J ; mere wa'hte of . Company have no authority given them " " witn a la.tlitul exhibit or
lose timbers of the schooner. Our axe ! j tn ,.vt(.I1(1 ro..,i from vjuni,urv. bv the 7i,i 1 ,.:i 1 .1..,. 1 I That the nrivilere is only to be exercised ; rr ,nat purpose, unless the other company wnat He has been doing the past twelve
. . j ' -- v - l 11 1 1 1 .? II V ' 1 v. irv . . J .... ii ' ' 1. ' . j ii.u; C I O J lllf'l j a .
nr.. nrmllil Iitivo rivi'n worlds for it now : it . ..II.,.. r.t .1... Sin.:, .mil. -.mi-. Iii sni-h linilit. i . . .1 :. . .. :.l. I. 1 I if llm iniiiii.)iiiini Piiinninr f ill In num. Shall I 111. ! mOUtUS. iV it he nn KW it 1 a-lwnu
might have saved them. Hut soon t hoy ou the I'cnusylvauia Railroad as they may Jucted by rival and hostile companies, t plete its work within a certain time, and ,J ' 1"w wit, on the .. th day of . what his expenses have been what his
'' as well as ourselves be-mn to perceive that deem expedient, and therefore the acts Tue most extravagant and wasteful expen- i shall only proceed with the extension, J al7' ISa-' readj nf? tlie. bll;.of com-; receipts Lave been and what his profit
i .. ... land doin-rs complained of are not usurpa- '(i;,r(, f whip?, ran -,U , ron.i " then, and in that case " is wholly unde- !'lil.lut nd hied in this cause, , i
an exertion was useless, auu luey uuaut-u . . , , ., --.- r-- -- ----- , ... and nn irmimunt nf muiio fur lth mF.
Amidst this confusion the Captain of.1'1
J c'
j and arresting thc disorder beneath, asked
of us, with a cool manner and a perfectly
calm voice, how much of the hull seemed '
yet to be out of water. We told him, and
I then hoard him communicating thc infor
; mation to those below, and giving his or
: di-rs tn maintain silence while he related
Lis gt vhkh was Deeessarily short.
They were from an Eastern port, bound ;
t0 Charleston, nearly in ballast. "When!
ti,ey were capsized in the late gale.
en were lost , but most of them beic
kuowirg how improbable it was that the
wrcck should be seen, or if seen, that any
one would search for them.
Thus they bad been for four days, hav
. ---j
ing f0Und sufficient provisions for subsis-.
tancC) but with expectation ot release they ;
appointment was thc frenzy of despair.
1 11U 11 ji. 19V. . M.avu cu.. .. . .. . . j
Jjiit the Captain was a man ! There he
hung on by the floor timbers, and told his ,
. it j .i . r u- 1
gaye his last message for his wife and chil-
drcn.
" Put ynur hand through," he said to
one of us, "and let me kiss it When you I
land, co to my home, and let my dear wife ',
put her lips to the same epot. Tell her it '
,8 all I can send bcr from here, but that j
..1 ..... ..i
my last, ureain shall De a prayer to IjOU i
frr Ler and her little ones ! And now,
good bye, my kind friends you have done
aH you could for us God will reward you
look to your own safety." It was time
indeed, lest our canoe should be swallowed
up in the vortex of the sinking vessel ;
and with feelings to which nothing of
wretchedness can compare, we shoved off
to our pilot boat.
In a moment the wreck went down, and
thc last vestige of those it contained was
the arm of her noblc-Learted master, as it
gecmed to wave an adieu to us, aud to all
things of earth.
Cost or News. The cost of telcgraph-
ic and marine intelligence to seven associ-
ated New York papers is said to be not
much short of J10O.00O.
had resigned themselves to a late mat nty to extend their work lurther south or . lore against too ueienuant, ana irapio : --" . us that of the late
.-i i ..... w. . .. . ... o .i .. :: r .i. f ,i.u Hut this is not all. The section eavs --"-'' -ue
j.o a,.u geemcd inevitable, iiut When tuey heard . cast than ouuuury. .y mis, t-ne.r .g-j upou u 5 V 'T,.l.' ..... n.t..t Kt.l ,! l.r,,,. could be called "Hi
we ,be sound ot our ,oot,tcps,tncntney tuo t S . 1 , ri.Vht clain.e.l uder it. ' Kut ! roads, and form connections with Phiia- course of cropping!
. . . . i .1 . . I I ,.1, A.ln. Iiait Vm n nwira r irlif , Lilutnt.i fl pnn rill-rifin K. rllll ' I V III til iIHI.-l- ' vui. w sin- vvuju -. -
their preservation sure duj. now tueir uis- - - .... -. minatrll(.,-Ilin. :. :1t , deh.hia bv wav of the Susnuehanua, s r,,,,s,lt.,l l,rre with
LEWISBDRG, UNION
Rn nhTtrv fit VM n-.lt. It. Tnl nnntinn fisM
j opinion of THE COURT.
m
f H'n. PicLvr etui. v.. The Sunburn f-
r.ne .ai(i'( Lmnjmny.
,1 u. . n t n't... i.:n :
iiie urn in ura:
sets frt, ti,at t, i.laintifTs are Slock
I . . . -1 .
l I - - ,ilti ml ... ,.. I?. M- I .
I - I - i .
pany, wuicu was incorporated iy an art
, 1801, and iiutboriz:d to construct a road
Ul bllC JJll-.iU Ull j 1 1 "I I 11 Ui l 1 ! i ,
1 fr,.i.. S!i.nl.iirv tn 1 1 irrl.Kur.. I!,;.
!r.rt it). nrnrwu.n fl... (1...
i . ... ' . ? ..
; i-,-- - i -
1... ..n... ....... 1 .I. . r .1...
i Twirt. wirn n. nrnvisinn in-it. mi im t.iio iwni-ir
piii'um uuuiiiuuiTU iuicu .pars uum Hie
.. ...... ... r . ...
date of the act, tbe charter should be
void: that in pursuance of this act of in-
t-.Tpation larjre suDK-riiitMnshavcb.cn!,.' rn.lt(1 u iftrease.L
I . .1
i luaMe to tue capital stoci; ot tuo I onmaiiv.
. . . ... '- n tic uneuu'l mill iiui'i u vt..i.u ia uia.iu
It tars patent have b. t u issued by thc!fl,r l.lt!in ; aliy i,,r4l war, the innu -
M..,c....-r, v.uccis nave o-.-cti c.ccicu, ! TOPr4ble disputes which in that ease luust : wntliwar.1 or eastward, trom iiiwin. .... ......
corps of t-n;;iueers employed, and an cx- Ilwe,s;iriiy arise between them i port, to intersect any other railroad by I "e a' ,not dealing with legislative
ploratory survey made. Tho bill com-1 We nunM ti,ut it is ,,r.l(;tiCable to moans of which the said company may p"'9 which conflict but we are deciding
plains that the fc'unbiirv & Kiie Railroad. f...t. 1....1. 1., .. 1 .....:,. .!....!. Ii n:ii!ifl to form rnnner-tinn. with tht. ! between the two demands of a right
unacr cnior ot lis cnaru-r ana 01 a supple-
meui passeu in ioj, ciaiinca to have llie
UULllUlilJ W UlilKi; UUU VUUUUUli il 11411-
road over the same route, and that the
last mentioned Company has actually be
gun the construction of such a road and
entered upon the ground surveyed by the
company to which the plaintiffs belong,
aud is at this time prosecuting its work.
These acts and doings are avowal to be
contrary to equity and good conscience,
and without auy authority whatever iu !
the cLarter under which the Sunbury &
Erie Kailroad Company pretends to W
acting. The relief prayed for is an iu -
'junction
I'liA bill havin bnrn filed, a
.....i;.,.;.,o .i;,.., ; .,,! f.,,
1
........o. j ...j,.... .
prevent tbe defendants from proceeding
further until the cause is decided.
lhe motion is insisted on the grounds,
isc i liai me piaimius ucing corporators
j have no right to rue, cither at law or i"
equity, except by their corporate name.
d. lhat the survey ot the Junbury &
Erie Kailroad Company was made before
tll0 ifSUig 0f letters patent by the Uo-
vernor to the Suiiehauna Kailroad
! pany ; and, 3d. i hat the th section ot
lions, but fully authorized by law.
n'i. ;,.i, A
auu juaiuinis .m w
h,.ir l,v .!i.in.rini llm nam, l-'or
j " C o
that purpose a motion has been made, and!
1- IP ii . Til-
nut haima Company. There is nothing in
1 . - .... i i
lapse ot time which intervened he-
twecn the act of incorporation aud the is- i
.suing ot letters patent to lorieit. corporate
. r5gUu! t0 ,l1B Company, or to di-
vtt the Stockholders of tl.c privileges
which the charter was intended to confer.
'1 ho ni- inne and threatened 10 lie (lone
bv the defendants, ifre, therefore, as much;
agaiutt the law as it they had all been j
committed; lifter the lctitrrs pateut were '
issued. Unless these acts can be justi- '
fii-id in snir.ft other wav. this will be no
cxciirc.
-Tll(r strain of tli
care which is due to a question involving
interests, public and private, of so much
mannitude.
In 18-57, the Igislafnre incorporated
,
. . s,J. . ., . f ' ;
SuUbury to Erie, but without any auth.v
,
tuej
is now penuing. ii, inerciorc, it uo irue iivaps it has never been heard ot bctore we say iuai me power ciaiuieu is given - -- , . j, . V J . v , u euaoiea m carry nis plan of ope-
that a final injunction can not be decreed j that any legislative body iu this Union,! without condition, unless- we eliminate I na .commanded that tltoy d-"'.utely 1 mions faithfully out, treatly. ws have n
on the bill as it now stands, the objection or cl.sCwhere In the civilized world, has ' the words which impose the condition. ;
would uot avail to prevent the prelimina- crCated such a difficulty in thc prosecution We can not consider the section in de-. h rk , and frrm, all the act, and do- j !'2hZl TT L ,
ry injunction. ! of illternal improvements, or adopted any ! tached parts. We must take it as a whole. complained of in said bill, until the ; to say nothing of the charade,
There docs not appear to have been any nicasure f0 lM frwl,lt' a8 tl.is would ! All of it is consistent, and if it were uot, ' having and determination of this . which it must give to any farm,
tardiness in the organization of the Sus- . bB with impolicy, wronS and peril. These ' that would cot help tho defendam's argu- Puse; au I tuat a writ of injunction be The barns and general out-buildings at
ic cac is on tue con-i ..,,TC3 t0 which she was iauly entitled aud ot tuo gram. u iuc waj, -juuij, auu umj
... . 'e . ... i. n. . - l. ... ..... -
struction oi iiiai secuou iu lu-j Biijiiuiuctti. to prevent liaiiiniore irom iwinpeiiiig wiiii , ' . j. uraiuui-nm. n
. . T ..k.. ....... ii I . .. r. .. niin- .him' ii.iii. . .i; I . -n' n 11 it : i -i. ... ..... . . 1 1 n
' Ir. In. il, f,-n:l"rit. K act Ot lucoriioratloli ' ,..r It is iiitmul .tTitl eomiuun.Iahie m lroiueu ; iu.ii. iuu tiu. suan -"-si t i firm nn,
gbe-lwhich is mlied on as crivine them tho i ,!..." Lri-Ulature to cuard the interests of.cised if the other Company fail, is as ! . f ,.
I LliUil 11 1 UU iicl.U UCIt;t UtXU 1 lliwt'l uii aitM K'J u.311. J s?t aj v..". - 1 & w , - . ' I -
at all. Such was the state of things iu 'necessary to consider the nature and cir-'
1S.-.1 -a-l.n i!,o ..l.firrnr -,-. ..k-on inilu,!,, t-.,..i uf the narticular law before
Susquehanna Company. The act which
1 I.. .1.. l'.....- :.. i.:..,, i
bv a route to whieh nobo-Jv else had any ;
ritrht or pretence of claim. On thc faith -
of this unequivocal grant of authority to j
construct their work on a truek theiv en-
i to iheircnterpri.se, they raised
1 necessary for the purpose, and
to commence it. It is at this
,'rc'y !un
1 c cal"ta
' (f tllt.jr pro,,, that the Suubury
. ?:-
& ;rie Company set up
- -w . .
get up tbt'ir claim as
1
grantees from the State of the same pri
vilcse, and assert that they too have a
legal right to make a road between the
same termini, along the same valley, and
by the same intermediate points. Did
the Legislature intend that these two
companies should each have equal autho
rity to construct thc same identical work 7 I
ix. . .. , ..... -i i
Hid tncy desire or expect mat two rail
roads should be made between Harrisburg
and Sunbury, and conducted by two dif
ferent companies? It seems to us ex
tremely improbable that this could Lave
been contemplated. Doubtless it was very
desirable that an improvement so impor
tant to the northern part of the State,
should be finished as soon as possible, but
the struggle between two companies in
vested with the same privileges, each
naT;ng M rint t0 ground,
j WOuld be more likely to end iu the ruin
ot cot-, than to give ciincr a nut cuancc
...... ..i....iv...i, ; ...i.v . , j - .,. T. 1 . .1 . I I
CftDNTY, TENN., FRIDAY, AUGUST 13, 1852.
J nf success. Letrisiatinn like tins would
1 injurious i. its effect on tbe
I If . . I a. I .
nublie interest, but it would be wronir
against tbe company first iucoporatcd,
t unlx.-rllixl in cniiilit.cn m.
the cood faith f the State, would be. tbe Charles Jliver Iindge c:ise arc there-, "I" "
greatly reduced iu value, and perhaps ; fore strong in favor of the plaintiffs. . 1 a'" well aware that this wmute cnfi
rendered worthless. This would be sui-h ! Keeping this iu wind, and remeu.berin? ; m upon words and sentences w not the
a violation of justice that no one would
expect to sec perpetrated by the llepre -
j ,.t t.. .ul... I iva t i rii.lii
' . . . . .. c
!n.l uare the wn.ug, line inose oi icnu-
, n.. ... .....
. ". ' "
syivauia.
I
Ilie iiiiiirotiaiiiiiiy mat iiic
r.nr,.;,.ni L, ;f.,,.il bv ill..
! (-cncrai Assimb'v to be clothed with
.......
i rival cor
I - 1 . .1.- i
r......- " " ' .
...i... c. 1 .1 1..
1!SJ, is at least in tiHt
sense iii wl ich
those who havej
aIIJtliinS is practicable t
- tLS coiinnun'd of very fargo means, and
e are willing to use them unsparingly.
- Nevertheless tlm choice of the best loca -
neticanlc hv
jn wuat oti,r form snu jne appeal to 1
f,Jce be male J The wisdom of tbe State :
: n:ls furnished no law to settle it by but!
.i,, l c Th..
i 1 1 1 r- i.ivw i ii it ninm,'-i. lie on u":-tc
! .. . 00 j
W0Uia n0i cease wuu lue survey, ami
! whon lhe builJin. of the two roads would
I iiriri tl.ifliem- honands of excitable
,n(.n the lrobubi!ity of violence and
o . . .
bloodshed would be very great. Sup
! posing the road to be made, and the cars
aU(j locomotives of the respective compa
uiu3 to be running side by side, and some-!
times crossing each other's track, what i
tion, especially in the narrow parts of the Harrisburg, the same tax be aud is hereby j ' J S"- " au ,UL- some practical experience in
valley, or where the river washes tho foot imposed as is now or may hereafter be j fwuce with the rights of a railroad com-! cultivating the two crops, and a person of
of the mountain may be of such immense imposed by law on the Susquehanna Hail- . ranJ j'" the one comjilaaied or here, is wisc caioujjtiorj, 0I1 nt to p r -
1... !.;... ,!,..;. road. And nrovided further. That if tbe altogether without authority of law, !,,,. ... f -.f
"'7, V , 'V fc i Sueouchanna ltiilroad Coini.inv -hall fail tuillk tue injr corporation has a right "u tuB "UJ- en a larmer
would be fiercely contested for. How is usquenjuna ik.nlroaa company shall tail r r 1 - 1 - b 1 firms nt r-inrl.,m , t,
such a contest lo be settled ? Shall it be to put that portion of the line of their f ' which e,,ulty can give. & at random, yarj at what he
,lntom,;.,o,l ihparnfMH,? llr'roa l under contract bstween Uridnort I 1 lU dote J. nflj recapitulating. raises and what even this and that fi-M
hpo couij be elltcr(ained that they would
Com-'rc,Tal.j cacu other's convenience and in-
,tcrest in such a maimer as to keep the
!ccived of v'oM be that of the millions
... ,. .. , r i
; Wiicn, according 10 ine ueienaant s
!:..:' .1.. i ..1 . ....
(Jllllliuii. iuu Xir-uiaiitcuic ui'uuu uu v
tur0wn away on this double enterprizc.
i . . . . .
' considerations are sufiicieut to iuduce a
. .
nm.irv. w runt; 111:111. i uuac
caroful examination of tho statnte before
we aj.t thc construction contended for. ;
When the Jegialature means to invade lawgntr.
jircvI,msly invested rights, to disregard'. At the bead of thc section, the compmy
the public interest and cudanger thc peace
;0f the Commonwealth, its iutention must !
i.n.c. t,.rnu fi en f nun a rn.
biuity.
One argument has been usod by tho
dt IVndaiils' counsel, which, at first, seemed
,Jot, to be without weight. It was on-'
..,..i...i th , th.. immnw ..f tli :iii--d
purpose ot mo oa-u.u
. . .
'law was to cive Phi adclph a the advau-.
; .. . . r . ... . i
refusing it at the beginning. But being :
'granted, and the aversion to its inexpe-;
'diency being once overcome hy other con-
idcrations. it seems like a .very slight ,
reason for 'authorizing another Company j
iuttx(l.n with the riirhts it secures. I
interfere with the rights it secures. j
ll the arguments' priori are there-,
us, for it bcl
.;I. i. i,
tO a CUI.-3 Ot Statutes -
the strictest construction. All acts of in
corporation aud acts cxtendius the lri
vilt-gcs of incorporated bodies, are to be j
taken most strongly ga,nst the compa-, a
'uies whatever is not expressly and uu-
! equivocally granted in such -acts, is taken
' to have becu withheld, 11 East GS5. 4 ,
Uin-hiim 45J. 2 Barr & Adolph, C4G.
TUti wiuc rule was laid uown on very clear i
I ..... . . ..." ..
u , . -t i '
terms by Chief Justice Jlarshall in Bil- j
lin-'s vs. The Providence Bank, 4 Peters j
514. In- the Charles Kiver Kridge vs.
Thc Warren Dridgcj 11 Peter 521, it was
placed on grounds so impregnable by the
present Chief Justice of the Supreme
Court of the United States, that it is not
probable we will ever hear it seriously
Questioned azaiu. In this Court it has
been aftcn recognized, and so far as I
know, never denied. See Easton Bank vs.
The Comm., 10 Barr. 442, and the cases
there cited.
Let it not be said that both parties in
this cause claim under the acts of incor
poration, and therefore both are equally
affected by the operation of this rule, fur
though that be true, one of them is beyond
its reach. The Susquehanna Company
claims under a charter which is free from
jail doubt or ambiguity. It is not pre -
lenaeu. iu- un "tw j's1";""".
...ir ..uti.iiliuhr.il ntiil waIi iii.. .
ftbev claim. They are here not dcfeuding
, their own - privileges, but seeking to re-
strain the exercise of those chimed by
, the Sunbury & Erie Company. The
' r! p. it nriiieiiilcs of construction ruled iu
i that the supplement relied on is not only
, a public grant, but a public grant v.
w-riiiiis r cniinicta with a Iirevious one.
i i ?.. -. . . ..i .1
an i ia u.u.c, Fu.,..-, uu
imhu a uuu as uu ixgimiuum w...n. ue
I likt-Iv to m&c. wc come to examine the
u .. i : i... ...i.i i.
!th s-c'ion of the supplement to the do-
n.l....ta ..l...rtur I. f..llr..
! "That the said company shall have
!'.'.
1 roads from the lino of their road, at,
1 nno-or in
construct lateral an-1 Lrancn
city of I'hi.adolphia by way of the valley
of the Schuylkill ; or, as hereinafter pr.
Tidrf, by way of the valley of the 8 -
! fjuehanua : I'rom.l,,, That on any road
j that may be made between Sunbury and
aud Suubury within one year from
passage of this act, and complete
same within two years thereafter, t
t an. I in 1 Iirtf. i:tso. tlin SiiTilmrv
i - ----- i -
.i?..:i..i iv ,- i.a.u 1
wwi". "'"r"".' " "T'.'j
to extend their road from Sunbury by tbe
valley of the Susquehanna, to connect with
.. .. . 1. . 1 .
me 1 cnnsyivania iiauroau ai sucu pomi - . . e
as may lie deemed mast expedient by the "1 ae th particular grant can not
said company, ou the same terms and con-1 be, pposed to have been intended But ,
di.ions that they are uovr .athorited to!wl"le the strictest construction ,s the only
n...ir,w.i tl, ...; Km. ..f tl.,ir r..l l. i proper one, no interpretation could be
twecn Sunbury and Erie,
in r.rie.
of these two provisions
idition with the power
That thc last
does couple a cond
granted to the Sunbury & Erie Company
nntrom
niablc. Shall we treat this proviso as
I .,.! sji,.,ii ...
i u6-"ji . to
.trike it from the statute and ffive it no
i : c -
attention ? Certainly not. Yet how can
: il.i il ,1
r o
nierit, for the rule in casas of irrccoiicila-
i. i .i i. . . i
repugnaney ia to lei me last pan aim
not the first determine the meaniug of the
's authorised tj form connections with
Philadelphia by way of thc valley of tho
custiucuauiia. now: asuvrciuaiar iru-
vided. And then follow thc two provi
s(,es, one imposing a tax, anu tue oiuer
fixing a time when they may begiu. j
Htl these provisoes are, one as much as j
. - -f- , ,
. I . I . 1.1. . I - I
the other, drawn up to, and counected j
wuu iu gram, ana inane part anu parcel
r .1 . i... .1 i . ti 1. 1
second proviso is a new grant ot the same
power upon uew conditions. Tais forces
"j j
independent oi, and unconnected, wuu
each other, should be run together in the
uitJ section. U hy should one indepen - !
dent grant be Ucked, as a proviso, upon j
me section. Why should one indepen
nercuwjur provuwu. a,o iu--c .a3L
words must point to some mode of makmj
lu vr vrmtnj w j...
that is the thing to be done as hereinafter
power at all. ic declares mat any roau,
II T. . . .
through that valley shall be subjected to
a tax.
Aud is a tax imposed bylaw upon
manuer of constructing branch roads or
uiakmg connections ? The defendant s
con.truction misreads the body of tbe
section by assigning an improper meaning
1 3 U .a kn-ninntiM TIFAVIIl-ail
w mi ui-, uwiu. rv,.v,v,
..' f . ... . . . n J .
it misreads the hrst proviso Dy uisrcgaraing
the word "auy," and declaring that a
tax is to be paid, not on any road, but
only on one made within two years; and
it misreads the last proviso by tearing it
entirely from the rest of the section to4
which it properly belongs.
When the meaning vrnicn tne defen
dants would assign to the section is ex
pressed in words, it will read 60inewhat
thus : " That the Sunbury & Erie Com
pany may disregard the rights and privi
leges heretofore vested in the Susquehanna
Company, and construct a road as soon as
they think -proper, by the valley of the
Susquehanna, in the following manner,
that is to say any road, no matter when
TAiade, or by whom, shall be subject to a
tax ; and further, any road shall nut be
subject to a tax, it Dcing xne icgii.i
will that no tax shall be imposed on the
1 will lnal V g" " git Cum-
. . - , '
p-jny, if I lie Suvjuebanna Coui:iny xb.ill
uot also coustruut a road by tbe same
route." W'e can not read it tbus; wiibout
dniog violc m-e to the language, and putting
the common sense of tbe Lt-i'Ulature to
. way to make a statute plain. Jly only
iof ingenuity ei)en l a on it in the argu
iiiuntrif r-fiiin..'l H it nfror nil tlio
. - , , ' , ...
i - , , ' , .
l,eak f"r ,,,,e!f- Tue broadest, plainest,
artfuuieuL is in noia nn ine law. tn.i ici il
!an,i most natural view we can take of it,
is the one which fcrniirs us soonest to tbe
tb. majority of Court have no
. sort of doubt that we are bound to regard
i tLe (-!-u'" of defendants as wholly un-
t'-'j - i tu0j
"' t Jh t.tutouaI rjestion,,
1 J-ffi 0" atcUi
,r,"1 10 a'"onze tne masing 01 a seennu
nad ds not .rue. because no such au-1
, . . . .... - .
craute-1, aal is not denied, ihe snrcle-
.. .. 1. 1 , .,
the Suubury & Lne Company
mu!" be construed strictly not only be-
eaiist) that is the rnle torall nnr.lie r.ranfa
latitudinary or loose enough to give it the
; j -n- fc---
""n'ng which the defendants insist upon.
'lue Susfjuehanna Company has the right
'-""I"' """" u iuc ik .
mak provided they
uniu tue tiiiiw linn-
an'n rgnaeni 01 counsel lor Dot n par- .
parties, the Court order that tbe banburv
- . -
tr, lailroad Cmnpany, and all and
, er . i
;everJ s officers, agents, workmen and
: j . i . .
'-"-i "i""' V ll"s fc'Yu u',uu t,a
the Sum nf n I II til 1(1 uwiirilnnr In ilia.
1
, sucn case. i
: -
ifff2 1 YYY
Ardenheim Farm.
ihis is .he name of the very beautiful;
the f Ifc is vcrJ iniproballo that the Legislature ! eonLiius of land, but measuring not hi 014
thc .nii-Dledt necessarily ignoraut of his busiiws,
hot roads over the same ground. Tbe nchtl 1. 1. a t- w
ae ' : t r . . no means of too wins: what his different
Fr'n'0 tIie fcuJSUfchanna Company is plaiu'v , B 6 Ufc
- i r . - Hri iuil.i im ni riri i v n iiii i u nr fiiift nifii iiKar..b i 1 1 -
ami valmble plantation belonging to and , bench and tools for farm use; the fina
occupied by our excellent friend lr. Jas. j manure yard ; together with all the para
A. M'Cuea, situate on the Wissahickon, : pharuulia iuseuai-able from a well-maiii-m.!
. .... i
Hi U HlmiLriH lA.ii.liin llnnl..nii..F. 1
" " '"""""'f.
... J i .1 . :t., v
uu.iut, iwu miiM auuTcuj, cue wno tnorougnly understood his
i e intended last year to !
promised onrstlf often
is intention; but until
were unpro-
time.
hundred and '
productive
perhaps be found in Pennsyl-
vania, and there is not an acre of it that j
can uot be cultivated. The whole lies in j
a level plain, and almost every foot of it;
is visible from the mansion. Indeed we
neTtr MW a piace taat witu more ,
prrtrriuty u called l.Iainfi(;lJsjust
respected Mr. Sheajf
hlands." The usual
broughout this region,
icmarkable success
and the whole system of operations from
brginniug to end, adopted by Dr. Jl'Crea,
met our unqualified approbation. The
Doctor has nothing of the " fancy farmer"
about him, aud though he i come from
Philadelphia, and Lis followed his pro
fession, some five years of which being
spent in the hospitals of the metropolis.
He appears to take bold of everything at
the right time, in the right place, aud
knows, as well as the best, what to do with
it. ' His erops, as general rule, are not
merely the ordinary crops of the farmer,
but they arc, iu many respects, exiraorJi-
nary ones, as our .readers may remember
was the ease, with his wheat last (ear,
when over forty- butieltio the aero. were
shown to have been raked ,by him. ,HeEheB erk and seal the bottles iaimetliahlu-
' . j -i 'i.il .u: .... v-.to .... ...
alSO expeCtea a UCUiav jw-rvsm
owing to the serious depredations, ot the
red weevil, scarcely more than twenty-tife
bushels are anticipated. The weevil,
however, will not have an opportunity to
work much mischief in the granary, as
the Doctor follows the wise suggestion of
threshing out his grain and disposing of
it at once, and in turn buying his flour.
The Oats crop wo found standiug, was
a fair yield the Grass bad been heavy ;
but the Barley, which had promised so
abundantly, was literally destroyed by the
fu, yielding not ov ttu buhL) to the
VOLUME IX XO. lo.
Wnor.E XcMr.ER, lS-V
acre. e stw also a portion 01 a tiuiotbr
field, somewhat elevated above the other
portions, amounting perhaps to three or
four acres, where the great drought of last
jcar had utterly destroyed the grass, so
that it had to be lowed up for other pur- .
poses.
There are some thirty acres in Corn oa
the farm, all of which has a most pro
mising appearance: but there was one
fi-M of akant tt,. ... .t.hvl -;,t
! .J . .1. T... -1.
eed of the Dutton or eight row variety.
f-."---. "
; which is not only the handsomest field of
Cora we have seen this ytar, at any pre
vious time. The soil seems to be pecu
liarly adapted to this crop, and the yield,
which we trust will be carefully measured,
we anticipate will be very large.
Dr. 51'Crea does not agree with many
intelligent farmers, that flnrn i a frrontfv
moK proGtabie crop thaB wbeat jIo
t on r
q'J profitable, and 'rather
1 y 1
tAing he general run of th
prefers v,
e seasons.
w,nt-.o . i.,i
( 'geS are-or whether be makes or
loses money by any one or the whole of
tKum
The of the farmCT shon,d M
accurateI k t th t f . , -
J J".7 t n
Dtes n,n ,n the community. lie should
: know what everything costs him that be
1
, buy
tor 1
s or usee; and what everything sells
; crops proauee wnat tneir relative ad-
lor nrrMlTlfp.l nnnn hia far.. a . I
. ,. . ... - ....
Dr. M'Crea, we are pleased to see, has
j , , ,. - .. ..
i adopted a tytttm, which through the abU
t . -
! assistance of his fanner, Mr. Neiman, ho
Ardenhum, were constructed with an eye
. . J
to the uses to which the v were to h an.
'the bwt mr;t; Ti .
but fl t t rrv
only tortamily supplie but excellent in
quality. The fine shelter for the imple-
ments and wagons of the farm- work-
. . o
1 , ..
...at.wuu, sirucs us as being controlled
i i .. .. . .
business, and was determined to make a
living by it. This idea impressed us mora
sensibly from the assurance of the Doctor,
that he realises over six per cent upon the
value of his estate, estimating the land
to be wosth 8200 per acre.
e will conclude by saying that
made a most agreeable visit, and, as is tho
case whenever wc go to see any of our
agricultural friends, learned somethin"
worth remembering connected with the
noble pursuit that challenges so much fui'
our sympathy. Cermantoici Tiraoh
J
Preserving Fruits without Sugar.
At the X. Y. State Fair at r.ochester,
List fall, there were exhibited thirteen
. bottles of frnits so preserved by 1?m. K.
Smith, of Wayne county, -fix: five of
cherries, two of peaches, one of straw
berries, three of different varieties of eur
rants, one of blackberries, and one of
plums. They were examined by a com
mittee, and found of fine flavor; and the
committee expressed the opinion that the
art of preserving fruit in this manner is
practicable and valuable, and that the
fruit, when carefully put up, can be made
to keep as long as may be desirable.
The method of preserving them is thus
given to the New York State Society by
Mr. fcmith. They are preserved by
placing the bottles, filled with the fruit.
in eold water, and raising the tcmperaturo
to the boiling point as quickly as possible ;
some varieties or fruit will not fill th
bottle with thatnwn juice. These must
be Til led with" boiling water and corked a
ftfjre mentioned, after the surrounding
water boils.
,. .... 1 1 i r .
TO MAKB MfSQUITOES Lisa vt. -Tie
a piece of flauuel or sponge to a threaj
made fast to the top of the bedstead; wet
the flannel or sponge with . camphorated
spirit; and the uTusquitucs will h,Te
room. '
T6 Pretest Cmidbj;x fo.M Eawa
Gkeen FEttT.Mude '
' tr-,- -i
com-L.redit account, carefully kept, and a diary
T.