(BYRE QUEST.)
TO YHE 'ELECTORS OF THE
Continonweiiitia of reasttmyl.
- Ira 12
ES
116 ' 'ITH6IIT.DISTINOTION' OF_ pARTit.
l'elloui Cit z numbOr of the friends
of the.present Ccingiitu ti ea of Pennsylvania,.
• convened in the city nr
.appointed us their Aittee,Ul=allyour
attention to tlfe — am44tliiiptit?i , pri:ifidad.ti by
the late conventioh,:mi 1:1,) - yrg upon
• the:duty of voting a i taiitit:thont at the ap
' proaehing-tletitio;
The, ineetingiby:_whieltli
coMpnitted to'.us,,WilS a repress
the 'iraiietiea - of political opini
-----Ainiiivii 7 iit;the,:eoin Mon Wealtib
er exception than that it was
the friends of. the- present cons
'wes.a meeting, therefore, without diatom- .
tion of party, as party organization', we are
- hap p y to believe, does ; dot,. embrace the
• subject of the proposed amendments' and
it is in 'this:character thatwe proceed to the
perforinance ;our duty ! . ...--,. _ •
. We address: you all, as': aesociated with
-,oursliVes-:in the :enjoyment -of•_the rights.
and privileges which our ; f4ers intended
to .secure to tis bythe constitution of -17p0;:
and we do it with no, other end, or ebject,
- - preecut 'or remote,. than to prevail-upon
you r if•poesibla,• to .abide by that, constitu
tion as it now stands. 'The time' that :re-
mains for reflection is.short:
at Band, when yob arc lo place in the bal
mostimpo.Oant__Ote. you
° Vivo_
- ever -given; . and •while•-:we- entreat--you -_to
pOnder Alm great 'question for yourselves;
afid soberly to estimate the . . extent both of
the blesSings you now` enjoy, and of the
• peril 'to which ymiexpose them by a Change
of: the constitution, - we cdrer - for ' ecin
sideration a few of the Moit'Phimitient rea- '
sons. which• have - go , erned -us, and thOse
tiering to -the' emistitution - in its preseriC
- form. -.- • •
• Fell6w•Citiz - ensTit is a' solemn thing - Ao
.. ; _cliange4bo—cocistitution._of_govirnnient_un,
- der which we hive lived. • Circunistarices.
may 'call- for it, but, they , . should,: malce. - a
case of Clear necessity or indisputable . ex
pedieney to remedy an equally clear and
•-• -indisputable, mischief. It la _not
_enough
.7-that the'proposed- change- inay- be- theorcti- ,
- cally proper. Theories aro - of little value
....in_government,lwhich
. com_esimine,to 411°, 1
and if not good in practice;ls 'good for
_____nothing....__lgeitherlisit_enplghLtliat there_
Ire some of.severill - . - eiirs of administration''
' - under the constitution we posiess.• : What
people over were, or i3ior will he, free•from
--=—•them-l-----What••lecrislation-Avill-ever-he- per- ,
. -
fect? What.people .Will ever be p`erfect
the administration of the laws and eons
tation -- w.hich -- Therhave? • It is one tliing;to.
- , --chantre a law-of the state, , uponflitrground
of alleged evil, and another t . break up the
, foundations of law end ernment and, to
lay them anew. Th vosking- of a single
• • law, which is •ft e but 'for a few cases,
__may- be seen ar at hand, and be,traced
with uner g certainty to its effects; and
if the are• bad,. the 'law 'may be safely
cha ged and changed. Apill,:Anti,l it ii:found
IA() work wen. '•For' this - puipose art our
•annual legislatures. - But the working of a
• single principle in a constitution,.which - is
a Couneeteti: cOde'of PriricipleS•for,the or
• ganizatiofv:and 'regulation of government,
is a verTdifferent . thing.. Its particiiEf
fects can rarely be traced with any-certain
ty.,• 'What is assumed to be the evil effect
of a clause in' the judiciary department,
' may--really--proceed._from_a_defectia_the
constitution of the executive; or it may_ be
in neither, but in the constitution of the le
:stature; or• perhaps in none of them, but
in t te - unperfect nature of man lumsel
The good or evil, of a principle can in 'ge
neral 'be seen' only in the effects of the
whole constitution upon the people. If
thei3e"ana good, none of Its - principles can
be pernicious, however they may offend
against
,theories.' Let us never confound
the evils inseparable from the,condition of
man, which ub constitution can Teniiii , e,
with the mile of a vicious constitution un
der which a people cannot prosper. The
latter alone are ,worth the risk that attends
' the breaking up of old foundations; If the
foxmer are sufficient to justify a change,
—there-will be-no-end—to changes of our con-
stitution, while man's nature shall continue
• -
It is now, forty-,eight years sineethe pre
sent.const.itation• came from ' the hands of
— those who formed it.: In that period , of
time is has
,been and its
weal
dew
ie evi
.
Its , schools for general education, its col
.
leges for the t higher branches .of leaining
science,' its linipitalo Tor the Sick .
,and
-disabled,-its-asylums-for—the-destitute-or- :
-- phan;the 'deaf - and dumb,-..te-blind - and , the
lame; and. penitentiaries forthe reform
of guilty, are. a-theme of . praiie:through
....tint ',the:: Union ; with enlightened for
and. in- the improvement of
- - ,.eyery. part. of the 'State, the iletdemant and
;increasing pnPulation of our new counties,
the piithictiveagriculttirepf the ohler ones,
the , extent and stability of the , mechanic
arts, - the growth of Manufactures, the de:.
yelopernent ,of mineral treasured, and the
expansion of Our internal comnieree by
means of the 'magnificent canals, • and rail
- roads - which cover. - the - State;; we
kbeliold the smiled of !leaven tliiirr People
,who have laid. the foundations of,their, go.
:vnniment niisely, and urtm.v,it,li:their effona
to ~41,14 up theii vast iniieriteitive;Of
.IvOilth; titiited •the nobles , worh of
erovnink ,0!) where with .'a for
the moral - and .19
,t r elieetilai''..c4l4ute of them. aelves and '
If We look only 'tit' .n.-yrmOlt 'of this nines
6 rie, o 4 sii.e9 llol qte Of.P 4 / 1 .4 0 ::/;r1iPertIl 'we
• not_onlyide6 it-rouria thfolt about ustevery
we- ere' onNereally-parteltora of
- it,;and with as mneliTiquality, ;13 has over
heicii•Ano*ii itili&l) . 4finiens -11- euranurtritY=l
rit•.g©neral it belOn4e to every man in' pro- I
tiortiaki6" his
_industry, •ithil ity aill•frn2ll-1
man. 'atiriiiimsses.lea' a. iiiare of it
it i I •
ettif_helciePriveuains u at')
other . ,men.'-nor:is -1104 1.1. to . claim flu .
• ••". I Ml'o. l t° l it by the„ publics:a') .(tPilt rn
in co
: ioyeilyniat :w4ioii,p_p#* 414; man
Witiiievi,io.4o"4o4l444lPitafr,94p, tegolig,
anythingto this -6tid;'hilt the continued
aPlaittaltin .ofhis'ovidnieitioits. He who
-has. the lutist nr Acquires', no, •privilege
above 1118 ,
.0110 Wr OZCON, , ' thatLq•
dning_inOre Ood', 'tnicl . ha Who has, the least
.ithlaas he 'h:: slotlifill; 7 llis'nOlute; .of inipro
i'itlon.t, has the 'daily :totead himself • and
liis-tainity id - ft:turn:lbl' his'reasopable daily
Jabor: - • • !. • • • - :-'""-
apPeel to von; fellow
arts-vief-tlielikesen . .
t-conditiott7of
oritanninnnittWalthis-nnt-substantially-cor,-
reCir - Smi - if--it-be r -what-caa-beAlte- defects.
of a toustifittion Which: in : forty-eight years
hap-built itp such, a people and such an.eirt
could such resulfilfaFfe-id-Olite
about, if that constitution had failed 'to',
cure the great cardinal rights of-life, liberty,
-property,,,, of -suffrage,, equality. under the
law, -and • in, making the law?'
tbey have happened', if the:pinstitntionliasl.
failed- either to'. estahlish- these rights-IS'
prineiples, or to Ordain .snch.ajratne of de-
partments, executive, legislative,. and judi•
cial, as was best': Calculated . to_give ; them
effect ?•:- VOW .can :there '-he- any-material
defect inn constitution, the very laws um>
der which, 'defective as in some instances
they may ha; end "the very judiCiary'under.
liable-as .judiciaries ever will be to
soCeaslonal-appointments which disappoint
the people, nevertheless :hare not for an
instant retarded the extraordinary growth of
this people, nor difftised an apprehension
that; the very least of.these rights is in any
danger? J How can a 'change of_ Coe.
sti hen lie - no w_, raqui re d when' - thisTstate
of thirts. was' notorious, and it is equally
'so, that in' the main 'your laws` , have been
wisely made, : soundly . „ interpreted,. and
faithft fly. executed; in.4onformity with` the
prinCiples of the constitution? ' 1
Permit tts-then-to-ask-you-one-and-all,--
as ,
brethren of-one family, as joint inheri
tors' from.our- fathers, of the - charter tinder
Which- we . have -thus prospered and may ;
•stillprosper, will. you Consent to' alter this
corrstitetioril — Will - you - consent - to
upon .*the theOry;•-• not - that-What is,'Cleaily.
bad - in - the - constitution - mity - possiblr - be
- made' good; but-that vliat is clearly:good,
because it has been tried for half azenturk . l
' with. the Whole constitution,--and lias : wo •
ed,Well,._.may. possibly be, -- made - be,
Would•any sober-minded man' puirdown a
•-part-orr-paits-of-the,foundatio‘ofitis-oWn
lfaira tiphit stiali - ti - the 4 Will 'the - §6: - •
ber, reflecting end Kat, teal peopled Penn
--Sylvani a- pull-:tio'W•if- a -part • or *parts • Or the
foundation "o ,li the _liaises !in. the
.upon sac .a" theory? We sincerely hope 1
they mit.' The present case is' not one 1
par7neecesity2orLindispufable-.7.eXpedi-L
-n Cy. It is- - . not- a- case of - eXisting -
Clearly: traced M the -constitution, and to
Ithose.clauses of it;..which it-is proposed to
alter, - for, _ there is ne evil - proeeetling , from
-- any branch of our government,•hut the eau
:nal-nntl'lnevitable - evils . of administration,
which do not• oppose the strength of a
packthread-to 'the current of wealth, seen
-rity and -- happiness; - on Which-We:
.
ried along. •
Suffer us, however, fellow citizens, to
call' your attention .to a brief _ consideration
of the r proposed amendinents. Though the
subject - is a copious one, and the time will
not permit.us..mmake.our consideration of
it Other titan very brief, a very few remarkS
-may -nevertheless serve a's useful sugges
tions to excite your...own reflections:.
.Tlie.day is'
The amendments in question admit of
division into several, classes. The first, in
.th.e_order_ in_whieb_we_shalL uo tice_thcm,
regards_ the right of suffrage, Which if is
proposed to , alter in two particulars, one of
them in relation to - the color of the elector,
Who must be a whireltreenranatud - the - fit -
erin reference to The term of residence and
assessment before the/exercide of the right,
which it is proposed to shorten. As to the
"first, however our fellow citizens mayhave
been divided upon the point, the proposed
amendment has lost its-effect by, the uriani
, mous decision of the Supreme Court of the
State. That court has, decided, and it is
now the law of the land; ha s ving been ad-i
judicated by the court of last resort, dia.!,
under the constitution as it now stands, .a'
ncgro or mulatto cannot . possess. the fight
of an elector. It is understood moreover to
have been the settled law since-1795, when
the same law WEIS 'adjudicated by_the High_
Court-- of _Errors_and _Appeals, T then the
court of last resort
in State, - ctiMposed
of president Chew, the Judges of the 'Su
preme Court, and the presidents of- all the
Courts of Common Pleas. The proposed
amendment,. therefore, Will not alter 'the
constitutionTand - eonsequentlyis aim use.
In the..other_particular„if_evils _of_ any mo
ment have occurred from the constitution as
it is`,'or if any.considerable, p portion. our
citizens have testified an interek in reduc
#g-llis-two-Y'eargfesidence to one, and the
. 1 _
assessment_to ten days, the•fact
is, unknown to us. , It concerns none who
are now entitled to vote upon the amend
ment; and if At r ie value of the elective frail
chize is_as great as vie all agree that it is,
there seems to-be the leskreason for con
ferring,it upon . others bn their showing less
evidence of attacjudent to the CommOn
wealth and to tile right, than we have shown
"•• " ,
The second clue* comprehends gertain
proposed restraints upon.. the legislative
..powerinregard,tol the formation of
toriat - dikricts:;,-;tiny'aiiitulling die niatria - ge;
contract where the courts have-a-power to
decree - a divorce-the • granting of •'bank
••
charters Without previctint notice
. of
the intention to apply for - •thern; or .rok:it
longer term thatt,twenty yeare, : ivithent re.;
serving a right to` alter er___annul,
the legislature shall think them injurious to
Alio public and dimity to•the, incorporation
of more; than one company, : in slaw:,,,. We
will not &talk you hY . endeavoring to ahovi,
as may easily' be done,. that Some. of These
amentlinents will net secure the gOodoriues
tioitahlo• or Otherwise, which they mean to
ittviin=:- but-in:regent to Such otthern as are'
of any. interest, we -bog' you'lO'consider,
that they do not 'involve any: fundamental
01' canstitutienal.--princiPle wlieteverk that
they' mean at 'Moat-to . Strike at teitam er
rors in •legislation ,imputable to 'representa
tives and not to the Constitution, and which.
front not being comp . rehoodod,,hr, some
principlo, through Ltv)iteh, titez,may fie itT
tadkred,"aad*:6l6itoyed tfieltiOt; niajr' and
rJjlv:- r 're ant • ( 1 1 lEfirOOSttiat" - '
. . •
. . . •,..• •:
probably will exist in a variety of fl, ms
which the proposed aktendments Mil not,
reach; The corrective of said - errors mug
be applied•by.the ' people, at their elections,
and cannot be by amendments to, the con-
Stitutiork ---- • - . , -
A third - class • pfo - posek a restraint:_ upon
the;'exec utivei•hy making . , iiii,.appointinents
'snhjiict" to the consent serMte,- and
by taking from him altokether, the -ep
,Intnt - ofTelerlm7amtp - riltlicipotaries,
.tecOrd r.
- era - Of tieedd , ond regiatdr;of
,wills, - .and giv
ingliti with one -unint -exception, to
the people . ihrotigh their ,elections.' The
Prothonotary. : Of, the*prenie COurt alonc;
is to be — alipoinfed' by the, firdidfof that
,••• - • :
If there be any doubtful arneng
those . Who' have • 0,4•476 . 4 ..Wetking r of
eonsttutions iStateS;;itis this
:very. provisiOn kit 'in. advistity power in the
senate. In many .cases through, the :pm ,
sona infhience -of the executive, it has' no
effect. When ithas any: effect; it has beep
questionedheilter:irdoes_net_talte 'froth
theexectitivet *certhe responsibility which
should rest- upon 'tn, and -destroy , re-
SponSibility by dividing it among numbers.
It- , -has been - more than4Tivitioncil wheilict
it does not enlarge the intliksre - of intrigue
and
,combihation 'upon appeinlmcnts. to
office. The true principle fot gueling ap
pointments
.to Office; is to make him r4pon-.
Silde - whci - neminates the officer, arid' this,
responsibility, to , be effectual, mitst 'he felt
by . who - neminates,;_and_ knownby
every one else: It- must be -single,' indi 7
visible,•and unaVoidalile.. Two • men 'Div
together _bear -a<ilegree °tedium, that would
crush .eaqh of them alone the•
bets who are to bear it are.sufficieuti
(ise-t.t.
odiutn, but turn- it - upOn thei accusers.,.--
Admitting, howeverohat . this is timer
min, why "in this . -un. rtaipty should we
consent to Change e if ii?
-Why especiall, should-we consent-teplace
the appont nt of registers, recorders, and
clerks--. courts; in the hands of electors
nee t-Sarily irresPonSible, and by'so doing
'. add fuel to the fire of 'party; to make '
these officers the necessary servants of par- -
ty,:fi Ito,pbce the-safe:guards-or.ouripro--
perty, our deeds, .mortgages,* wills, and
-records-of -everyikind -in -tit e-.l4arideef-_•-men,
who - may - see in -- every'::man - - that - enters
their ollice s .a citifeK 7 Wholas either enraged
. tliem hy.oppositien, orptopitia_tcd them _by,
stippott? Wita.t is tolte-our situation, When
all our title papers are - to go 'into the custo
dyer men holding offiles which are private
in 7 point of blis er va tie 'Ugh
law ; annyho_ are. deputed..b:i them-by-Ate
;undistinguished votes of the ballot box?
Another elass•of appointmentgliatrrefet
once to the. Judicial. offices_ of the. State ;
and if. the. various _terns.. for- years and
modes" of 'appointment proposed for- the,
'different :Judicial offices, had been deter
mined, by lot, they-would-have been little
less - defeasible - ; -- thwthose which - arepie
posed. Justices of Abe peace are to he
elected by the people* for five . years. As
sociate judges of - the common - . plkesi...un
leatned in the law, are . to be appoiiited by
the Governor and Senate for:the like term.
Presidents of ,the; common • pleas are to be
appointed for ten `years,', ar i d-'judges of the
supreme court fin- fifteen. :Associate judges
of common pleas, and all ether judges,'
who are required to learned in the law,
are to be appointed for ten years. In this
deSignation of tinie,:.-tve de not hesitate to
principle that - governs,--but-a--violation
ef all principle. The provisioies are wholly
_ a rhitrarjr.• , It the di fTerent_terins_of_offie e_
Rave been prescribedthrough considerations
personal to the -existing judges, to give
some a better .chance and some a Worse,
*how- unworthy are inch - considerationa to
enter " into a permanent fundamental law,
and how. little do they commend to the pee
(ple the acceptance of .the amendments: Is
a judge of the_supreme court more a judge
?than a president of the common, pleas? Is
leis likely . lo' abuse h ffiis oce? Does
"its faculties last longer? Is An associate
judge of. the common pleas more likely te
go wrong, than the president who,. guides
him in the law I . Does, his integrity re
quire -to . .be more frequently renewed by
re-amMintment? f: Is the law asimeiateMere.
incorruptiblelliati . his Brother imlearPed in
the law? --- None of these questions can tie .
answered in. the affirmative. Why then
the distinction? The
_truth is, that-these
varieties' in the duration of Judicial office,
4-they-have-an3-connection-whateietAvith
principle, acknowledge and assert the prin
ciplethat. the only proper tenure for such
'offices, is good, behaviour
. :What are the two
. great arguments
_the failure ef_good.'behaviour? They. arc
first, that judges iegeneral_AilillinerehitliT
fully perform their duty, when their Office
is not subject to determinatiork_by efflux. of
time, or by the pleasure of any body: and
secondly, that judicial , 'offiCes which are
so, subject, will be , accepted in general by
men . inferior attainments only„ The
force o thesearguments has been resisted
and:,
~th denied.; but hoth-their„truth
:und are admitted by:the - -proposed
amen ments, . 'Why 'hi a :judge of, the , su.•
preme court to his office for fifteen
years, and a president of•,the.ComMon pleas'
for ten'onlyi - except that "the -judges ; -who :
settle, the-laW,in thelast resort, ,by which
We are bound,. may ',be: ;she:: farthest
removed froin:tbe influence an expiring
tenure, and ihat a larger; range of, selection ,
from the higher attainments 13t:Pe„44,
may, be left for the ; bpuch of chat conrtt
'And whY - la the, presidenfiff the common
. pleas; to hold his office for ten kbars, and
his associate but for five, 'except- f9r ,the
reainitAhat the president whO expounds
,the.
law, ought'; to. be ; under lose:temptation to
expound.it dishonestly through fears for
his office,' and . that* man' withput :learning
in the-law maY-belitere obtained for
an lace • that is to , last gor.five :years; than
a man,who possesses that learning. ~Truth
as. Well as nature 'maybe be driven out with a
pitch-tork, but it will return: qnd assert'
empire. The difference in Abe prOposed
terms of judicial office, concedes the. Very
propOsition that judges holding offices for
years 3011 bo governed by, kom,etltifig' be
sides their se.peo of public duty.
; Upitfri:this-' subject of Judioial tenure - , - suf'
:fer
stitnted - man 'in dgo ' general I
be'.as"l - irlipartial..andnpright on their triallif
a, cause; : wheti''.the - rene - Wit - 76,1 their " office.
depends' im . lhe (aYourbf -one - cif the - parr
ties, ,as they When nothing lint this
cenditet:cart deprive them 1. -- Of'lthey;" office;
• thenthe.'Whole quest - kin' is ansWefedi'lor .
MultittideS of .causes 'and the
. nies( import
wit; Pau Sea 'teo,. the • appointing power, or
those who - create atid'inflUenceit, Will be'
One of . the parties; iii naMe, in intereit,' in'
feeling, ' They Will be so in every. case - of
great political' excitenient. They will tic
, soiw,herev,oritlie-conStitutionallY4f_a_p_opri,
Jar' law is IbrOnght into .question... They
will be so' wherever humble individual,.
who has no stay but aq impartial' is
9ppopipill;o : . - qigreat political leader., Theiy
will be
s - ease . wbioh-ektensive
alread. prejudged:
Theso are the casesiti which the interests
Of the public; 'require- that . : Judges' shoUld
he left tolthe support of an equal mind; and
tindisturNed nerves, to, tie their-duty =with-
out fear 6rfavour. and yet. these are - the"
I 'cases-in - which, if the amendments be'adopt
ed.the best judges -May. feel 'that their so
licitude fora tinnily, and - their:love for their
station in society, neck lug at their
- *arts, persuade them to given judgment
that shall he 'acceptable to the friends who
can renew their commission. How many
tolliisaippoal, - . we cannot tell
-4 it wise • to ekliciso any of
. them -to it!—
•Ohe, , ajun in a thousand may come out of
sUcli . a like refined gold, and lose 'his
°file or conscience sake;lnitelf how . many
~ 10 rest •should'Wer - have. to- say and- .
la
inept, that have preserved their (Alice,
but their fine_ gold has become dim? . -WP.
inustileaLwithLenus_thayaietandLif_the.
-amendmentsdeal With them upon, any , other
theory, they, arc not lit to become 'parts of
a constitution for a community of. men.—
Wont& any Man !house that his own. cause
should be tried by - a-iudge--w hodepends
for his., office upon the opposite- party? •-_lf
he "would not, let him not .choose such a
judge for 'any other person.-
_ It is- an . abuse of language to say ; that an
office during good bohavieur, - iaan:.offitie
for Totlice for fifteen - years,sr -- for
ten.years, may be equally so by' lasting:as'
lon was life. When good:behaviour ceasies,'
,the office ceases,. if the
_Legislature will do
I duty.. If their-they are slow to impeach all
lunworthyludge-:whobohl dnring'gootthe
havionr only, how muclislower will they be
to impeach - a Judge; when a few years more
will.certitinly, relieve thfLpeople'of
- A- - tetiurp-for--kearsif-tlie-Aidge - Tilogritot
behave.-well, is' therefore more likely' to
continue; than an office which has no limi
tation of tinia.
Ise—the
• .
~oii.this head then we press' upon Yrou
- • .
the fatal teneency of the proposed amend
ments, We - ohjeato•them one and all
fatal to the. law, the justice,: the. security,
Htbc--repose of the Cammmiwealth.-.—We
regard the election of•Justjoes of• the Peace
especially, as sapping thd. very foundations
of Justice.. itiyast-number-of thedecisioas
of thesellilagistrates, are and must remain
withem appeal, and they concern those who
arc least . able to protect themselves!, What
is to be the security ;for impartial judgment
in such. cases? if bad magistratei have
come in under the,preSent srtem; will they
be kept out hypipular election? Willa
Magistrate be any purer,, because he has
sought and obtained his office through
po
litical party? Will he be any wiser from
I he be more impartial, because he . wants the
vote of one of the. arties?. We deela eto
you; Fellow-Citizens, that, coupled'us the
amendments are by the .Coweentiin; so
that we must take 1111'pr:reject all; if all the
other amendments prop Used .were decided
ly beneficial, .the amendMents propoSed to
tho Judicial departmCnt would indocO,us to
reject the whole without -
We will not detain ; yin' by adverting at
length to one 0f...i1t0 ;amendments, which
appears to .offer additional Security to pro- .
perty, while in the' very 'same clause it takes
it back. again. - It is . , that which prohibits
the Legislature from
,m,yesting any. One -with
the Tight of taking private. property, for pub
lic _use, 'xvithotitAnaking_compensation,_or.
giving adegnate:-seeurity-Ahereforr before
said property shall - be , taken. But
shall
. be deemed to) be adequ a te - security,
how and by whom it shall be given, and
when, it. shalk.be paijable, the - Legislature
alone are to say,; and,the:y have that , power
- by.IWC - Onstitu non *it' stands. .. Property,
notwithstanding the amendment, May still
' be taken without poinpensation, t dp be paid
for after it. is taken.- . • -
'lNeither will we oelip . y any more of your
-time,- by- commen upon-that dangerous-a
mendment,-- which-proposes to - keep— the
Constitution perpetually, before the LegiS
, lature and- the - people 'as- an instrument - re--
(Diking amendment. Thifi proposal attn.
butes little more sanctity to the; Constitu,
tion• then. to an act of , Assembly, , and will
undoubtedly in the end deprive it .of any
greater .respect. It pieclainas to the State
Viat - - - thereTaro - defects - initirwhich - ifis - not
now proposed 'lo.Xepair, arid it:invites theo
fists and politicians, toiabour for ~ the discov
ery of them. :It wilt excite a restless in
satiable ripirit',4' change in regard to first
priticiplea, -- which we 'h've 'thought. settled
for
. ever.' ', No one can., foretell all. ,tho con
sequences 'of atitntilating such a'but
it l is not, diffic ri lt to,f6resee;,t4at the COnati-,.
.tution will be eximsed. every' 'five Yee.ii,"'to
the loss of ~iirhatever ' , restraint s ' geeurity; or
principle - ,may contain; to interfere , with
the -ternporaryinteresti - of iolredomitiant
party. Is it rirattiCal *loom •td
the. Constitution to •this . dangor? kit wis
dom of the-se:Me kind . with qhitt which es
tablished it? : : Will any thing,rentaiti Snored
in, the- Constitution,' wh en -' thp , tenure by
which the ;people are t.ohold it is no longer .
thiiri it is proposed AO' of a
JuiticW of the Peace? •
• Folio v t zone oomi> e tISVI o e
subject to yetti eoleoin eonahletatidri. We
have 4oldenveroll to lierfortn, the; duty cora
raittiro-eq. and we now ; leave tlio)thattor
with If hco, liberty, properii6ii.fo\•ag9,
eqe:ality'undor the law and
law,. are alreadr, 'eecuree—if yolfraid your'
fathers have' enjoyed ;these, great blessings
for forty-eight years; and have prospered in
every way, while you hive enjoyed therp, , , , ,
if no,• man can pouit out: ne serious .praeti 7
Cal "evil which?. the ConstitutiOn , causes, qn.
one attainable practical ffoodt.hat it does not
securer then in, the name of wisdom of fi
(laity to youreelvs,.your faMilies, and the
State, 'let us..ask' the sober,' judicioug,'"and
reflecting,men:of •Pennsylvaniaisdthout dis
tinction of, party, wherefore will you , incur
the' perils of theproposeeclianges:.:
Horace Biniiey, .
- Zachariali
John, S. - Riddle,
Joqeph'.R. INTO:folk
4:se • •
. • -' Levis .1 1 nzOre;
- " Daniel Tr. Coie,
Richard Price, '
Charles Roberts,''' •
F.r,d.R4bolik • - -
•
• Aougherl j;'
T I
• Johii TV.4sMnead,
•
TV. Meph'ecitr;.
- - --Janies-Goodnzal "-
- A - eta'
J Taeob . ,
High Catlie .w
ood,• -
• • Carle Friares,
- • Robert
.• • Ethan Baldwin. • .
From thc fferitl4-& SemineL
We invite 'attention to .ilte following -state
d-lent • •of facts Irespecting •D. R... Porter's
Condttet in refermice.tomertain bonds placed
; him 'en - stint yof Jolin
brakeri-on the 9th of January, 1819-1-a few
days-previous-to-Portees-applioatioi4Ordie
insolvent- laws, • Nothing is stated below
connection with the, matter, that cannot
be judiciidly, proven.'
.••.: ' ' •
Porter sold to Kiddo Russel-a tract of
land 'in Beaver county-: Deed data - Do
eetitbet sth,•i I . B—priteliase money $2,000,
to be. paid as loil•ows'i— • - '
iiill
let bond 111. 'lOOO OCrp r ayable Ist April, 1819
2d hoitd._" 333 33 . 4 1 Ist .April, 1820
3il bond -333-34 7 1st April, Mt.
• Tlio abOve !minds we're- left..•by Porter
with lathes ., AllisOitlfor , collection: , -See
All i lottery published - in th - e - :Americo n
Sentinel and. other Porter papers: These
thiewbonde were left in tho hands of James.
Allison Of Beaver,` 'Porter's counsel,: who
•
H daY Deedinher t 1818,1
collection, three bonds on 'lmes Kidd° and '
Alexander Russell, all - dated • the 7th day
of Dece mite r i -18.18,-inie ofw as . con
ditioned for the payment of Ahme hundred
_and 'thirty-throe--dollars and - :tlifity-three •
cents, on or, before the first • day,-of April,
1820, and one other conditioned fora like
sum of three hundred and thirty-three dol-1
litrs . and thirty-threaCents, on or before •the
first Of - April; 1821; for which three
figatiortsi gave Mr. Porter a receipt, stating
the purpose' for which they. were left with
me. On or about the ~ .24th April, 1819,-
George Davis called on
. me, at my office,
and presented the receipt . which . 1 had given
Mr.. Porter for. the bondsi . with an; assign
ment by. : Devid R. Porter of his.ipterest and
claim in: thc bonds therein mentioned to.
John Stonebraker . land Thomas .Owens,-
bearing date,
.to the best or my, recollection,.
'on or about the ninth' day of January, 1818.1
Mr. Davis 'also presented to meat the.same
Eta it teirtlia7 3th . day of
April. 1810, and' signed by John' Slope,.
_biaket,:for,the4lpoi4nt. (JO* which
had become due on thefirst of•Apnl. This
order I' believe "to be in the hand writing of
David R. Porter and. signed by-John Stone
braker.Y? • ,
,Let it be remembered that Allison' s 'state:..
tnent is , put forth-by the friends of Porter
as . -. furnishing evidenee of thd
honeity of their loCofaco, Candidate: The
assignment of Porter to 'StOnelirakei:"and.
Owens is 'dated January' 10; . :181 . 8.
,
On the
,14th Jaintary,,lBl9,fitie:day's
after Porter assigned thC.aboVe bOn'tls,:Geo.
Davis, ESq.,.the intininte;and confidential
friend - of ..Porter,,..torik,out whaltpieee, from
the DeaketOf !tunnel Ryle s . Esq., a lui 7
lice of the Peeee,..Tirone township, Mint
ingiron county , at, the euitof Wal.`•
lace, then. and note a reaident
county vs. Patton
. .and.e'pOrti
sai said Davis ivies s . neei;
R._ I rter, and on which
tares. )4 . 30... — .1 . 01 - 11. 1- 1Vii010: T 1;
ary, 1010; D. R.. POrter7titok :
path, awl' diechargediae,
debtor. Aside ; frorriffie.thrge,
,byKid.do and Russel tp.Porter.
, .
by Porter to Owens and_Stonel
ter-held Tiourth gond,even,
do .
Russell, fox $343 p,
Ist, 1926. On the .9th day
18 19, five days before he we
after ,he 'had placed
the three bonds in;t4:hande
kor , "the iotioh,Eond
.Russell;on; the bad: this .7.34
'Tassigninent-bY t -Porter--4:die-si
Stonebraker; also put Si
hand .other, Bonds, for what
44084i90'0f
lif
”David R. Porter alsot
Olaft.ctller,Don4 - on.liiddo,snd
ing data as the others, fOr three:
forty-three i;dollsre,. And. aisignt
4 13 f 5 ,enlentAi. Daid ,POrter
sesigstSest - dsted,the Oth.-Jams
I .taff9 recnivedi from
note - or bond • for • about six,huni
drawn Bente:, p erson -whose
distinetly,' recoll s eCtedv I think ,
ere, or Byers , --He also left .in
one other.obligation in faver,of
rorterp:drawn -hy. UV: Aralteftol4ihd
; amount not. id
ticolleeted.•
mkliandAt Patenti . :ni.deed;'OriniTo4 o f
`Land situate in B . eaver'cninitA)4o,,lol
eot
dredi acres or thereahontsohe;,..whole
Which Ilondsfortibligstiow•ohti- 1 0 ,1 :Ideed;
were deposited ..inychands - it , smiewhere
aboht the Mit, perrof I.lanuafr, l 4.Bl% and
a b s i gne d-by: - ftieit; all : , efcbcile , the Iteed;' , tin
-which believe tbere*aa'rici! assignment»
The,bOodkforihree huhdred and forty-three
dollars; Ind ilib - tw4i dubeeipiehtlk mentinifr
ed'obligationsc and the deed VOW reoikunitL
ted into . nny- especial - eharge by Mr. Portal:,
first'slidivirig-fee . ,lliatilte'riniiiiiiit for 'Which
I was bait nonld Made out‘Of the
'bend's assigned-to Myself and.Owens 7 —and
•then saying .‘itaket these," '. (meaning the
three jatter, ohligatioto - and the deeds,) fnud
keep,them for-me. • ' • ,
The existenee' of a fourth , bend from
Iciddo and Russell : to Porter, -which 'bond.
was .put . into 'Stonebraker's' hands by Poi ,
ter himpalf,-is clearly: made-oitt-by Aflieoii
the counsel for Porter. Mr Allison sayss'
"Mr.. Stonebrak'ef then proposed to leave
with • me- as security and for collection,
another bond on Messrs.. Iciddo . and Rustiell
fdes94o-;-hettlitig_dateJbe - saine'tiin e as the.
Others, and payable 'tO'Davittß.',Porter on
the first April; 1823 ; and ashigned . ; by hinn
to" john' Stonebralter by'endorSenient bear-'
ink 'date- the 19th_ day ! nf, lanitary, 1819.
: To `Mr Stenebralter's propisition I accede - a
and pia 'him The money then in my. hands.
Sometime afterwards; Mr; Owens having
received a considerable paythent from Kid=
do and Russell; got the last mentioned bend
on, the' order of 'Mr. ,Stonebralter to George
Davis; Esci.,, - Who placed it in My hands for
collection." - -'
, money- for the three 'boiuls . deTio'site4'
hyPortei-inthe'llands Of -- Janio
Esq.,' of Beavei, was collected by. Mr. Al- ,
lisbn and paid .over by him to Sion'ebraker
and-'Owens, excepting' , the last instalment;
which-Allison paid Porter, - and . Which 9-wens,
Mates Porter paid to him !I . -•
The transaction irTiefFienee to the three
he rids - -Wasiif iirdiziabi ity hop es Allison,
9 3 W - ens and . stonebialieit 11 coneurlin their
staternents7respecting• the, three bonds. But
'the inatter is wholly diiierent; in regard. to
-thell'OtltTll bond, .asSignedsby Per* to
Stonebraker alone, OWeris //citing no in
thnony wholly irrefutable, that • Porter did
Ultimatelyreceive the amount collected on
-tie fourth . _boa„ and We shall - establish this
' - fact.. by the testimony of 'Allison and by
Niter hinisoff. • - •
. .
Stonebraker swears. that Porter left with
him the fourth bOnd of 'Kiddo and Russell,,
for-safe keeping,'ori , the same'day that '
gave „Stonebraker and Owens the receipt of
Allison, _for the three' bonds, assigned by
Porter to OWens and ,Stonebraker: - Is this
partof Stahcbralter's deposition true ? The
•botl - In tittestion, we mean the fotirth bond, '
was assigned to Stonebtaker op the day
mentioned, as Allison's letter, Conclusively
proveelfL,.,WhaLdid,Stonebralter do with
this bonti-L-He says, by:request of Por
ter ho assigned it to .George . Davis, Esq.,-
the - in tinititeT fri end of Porter.. Is this part.
7cd - itis --- depositiOn•l - trier 7 011• die
: back . of
'the -bond; we mean the 'fourth bond_giv.en
to Porter by Kiddo and Russell, theasai,in
ment,• to- Stonebrakeris' written by Potter__
. _.
and.signedith - his signature, and there is
'also übderneath the said assignment,_an_as
signment of.the same bond, by Stonebraker
to George Davis: Stonabraltbr-swears that
he never received one cent from Davis in
consideration of said assignment!!!' /Now
wirhafelfaceif the bond in question, from
Porter to Stonebraker, and, from -Stonebra
ker to George -Davis, and it only remains to
.thow; wlizFottilicaTely receive
for the bond.
This is an. exact copy of a, .Receipt. in
the handwriting of D. B. Porter,
the Van
Mire(' candidate for Governor, of Pennsyl
vania. - The original is in the possessitin of
Robfirt Campbell;',ESq ~ Prothonotary of
Huntin :don county.' . '
1. i1 .,,......::,,...r....:.:.__;
1
1 .
t
''.--..... ..: . —\\N
„ sy
But;this is not all .
shall,now show beyond alr`goniitt'
that the residue of the , money ion the Bond
in questiion; instead:of 'pint into' thelpoelt-.
,ets Af- the honest .creditots. of .1 1 Otterr Wan
, paid• into , the hanotiotihe•imaileen4an - d:We
shall iitove - it;llle'testim(oo of Potties
counsel 'inmen'Allisono of neaVei*
Pav z ,ft ' t- -':," -
t It. , ,Porte4:on - a , tylittim
*idea- frokeittotepavisva balm*, vit.' , two
• -,.
le money
READ THIS RECtiPT
BE
=1
a a
my hands, of the AntoneY' colleeteCon - tha
bond . assigned by„ Porter Stonehraker •
and, by the latior to Davis, as abovemtated. ,
The suit tiroUglit'oiiihis ',last bond was - irr''
the name of George:Davis, assigtiee , Ofirohrt"
Stonebraker,: Who was:assignee of David
Porier." , • -, • . • „ • ,
Does not fife' rebeik front P . Orierraitd the"'
stateinentrof Allison, fully aniltonelusiOet /
y"
establish the, truth` of Stonebrakir'S derios-' '
tion ? Why. did he get, one;-farthing of
It belonged •of ,to hie. creditors, and;
'plight to have, A
gone to lieel. If he hae
'Paid eine, !dollars of ' it-'over` to those" who
Were entitledto-it;letAhe proof adduced.'
Five 'days beibre-lie•Weetlto passed
away,' certain,"property; to, Stonebraker for .
a fe,, keepingi Pionebraker
,passed the the
_,panie-Sproperty;te . ,e-friend, • ef' theinioly.enti
and this" friend restoes" the prepiiitYlo' the
insolVent.' ' • _
Sionebraker,allison 4 6 othe118,;
, : • .. ...
stress_ .
.. . TIM:LOCO .Pocei, . place great ' cirt
the statement .of 'Mr. OWens, - and 'Call it .- _
" a most ' triumphant refutation" -of . the, '
•.. • ,
charge.` of '..Mr;...Stoneliraker.. To 'give . our
readers some -- idea l- '4'the--i.oriiparatiVe'-'6O- 1 ----
- reetiles.s -- or'ilie - statement of - those itia•6 in- • -
dividuala We eite'onniriStanne..' Mr..storie;
. .. .. .. - ,
liralter states - that - On
_the - bend . 'ef, $343, •-
.•- . •
which be received frona.D.Al: Porter; and '
. . . .
-iti I i lel i-lie-- afterwarda -- at Porter's" request; •
.
signed over .to •George DaVis,: -. ESq.,. ha'
-4'- ileyer received ones cent."- - .
---In-reference to-ithis:rtirtte Owens in hia , I
. .
bat ''staternent says:' "A d ' although old, "
' - Jiihii Siotiebtaker swears that -hnneVer re
- • ~
c'eiVed'a- Cent On' 'dna- last-bend, .yet hp is
not only charged in a statement rendered -
,_by_s_Mr...Alliantlrtheisti - in - W:5102:793=.
paid to him'Oit that:bond-41A I have loon.. .
"SlOriebraker's -..•
receipt for it:" • ' • .. .
•IV.e.haid• already published a receipt in'.
David -R.-Porter's own hand writing for
. ,
.$125 . 00 of- that . IMild; and: what! came
of the same'bond will -be learne _from - the .
eidlowing maracts from the stet ment of Mr.' ...
Allison which we published - Borne time ago: .
"-On the 28th day'of February, 1820,j - • -
-paid to Santuel Stonehraker„ for liiii„fatlier,
John Stonebralter, three hundred and fifty • •
dpllars, Money I had received :from *Mr.-
Russel, at which timel think, my receipt
to David - R: P9rterter; With his assiiiiirient• •
on it, was again -produced. On the first .
day Of - September - follciwing, John
,Stone- .
, braker- sailed. on-me-for more money,;• pro-- - -
diming
,my. receipt and 'Mr, Porters assign,
meat. lat this time objceted - M.give Mr. . -
Storiebraker any more money, having re
.oeived aletter from-T.-M.-Owens, stating -
that John Storiebraker was, in the language
of the writer, "a broken merchant;" the
constable-having received all his property,
and that Stonebraker had . .never paid over
to him any_part_of _the _Money_ which_had ..__.
been previously received: Mr. Stonebraker
then proposed to leave with 'met•as securi
ty, aria for collectioyi; - . another bond: on
Messrs liiddo' and Russel for $343; bear-
ing date at the same: Time a — e's and
payable to David R. Porter, on , the first of
April, 1823, and assigned by . him to John '•
Stmiebraker,' by endorsement, bearing date
on the 9th day of Jannaiy, 1819. To , Mr..
Stonebraker's Tiroposition I' acceded, and
. paid him the money then in 'my hands.—
Sometime after Wards, .Mr. Owens haiing.
received a consiclerable_,_payment—frcim---
- Messr - §7. - ICiddo and RuSsel,
.got the last_ •
mentioned order of Mr. Stone
brakei. The same bond was on fife Ist of
May, -1823 ; assigned by, Mr: Stonebraker . ----
to Geo..Divis; Esq.; who placed it in my
•hands for colleetion." . . ••
'ln
.another part of his statement . Mr.
lison says, that on the
.23d July, 1830, I -
paid,to David R. Porter on a written order
from George Davis, a balance .of two bun._ ,
died _dollars and six cents, remaining" in my
hands of, the money collected on the .bond
assigned by Porter to. Stonebraker, and by .
theJatter„as.aboVe stated.. " . -
Now, adding• together the $125 received
by Mr.-Porter, as:mentioned in the : receipt,
and the $2OO 06 paid over tn Mr. Allison,
we have the • sum of $325 06, leaving a
balance ou ,the blind of $17104 as the•At
toryey's fee for collection. ; '
13y:
By the` above extracts it will be,seen'that
instead of Mr. Allison's and Mr. Oven's
statements corroborating one another, they
are , completely-at issud, .'andthat . on the
contrary; Mr. incidenily, sustained
the statement of 'ohm Stonebrakor4, , Now
wifichis Ahn-'mest .worthy'ef
Mr. Stonebraker, and Mr. Allison, -Whose
statements , so , perfectly, , accord, or Mr.
Owens, whosi qtatenimtis,'MA most im
portant point Foetradiote ' d by :that of Mr.
0-1 1 09 n, and whose, authority is, .at ,best, ; ,best, ; ,
- be - vieVed — yiihTsosPiOonh ._Wo , kaYs;our
rea!lets t 4 /1 1 ( 1 04 — WashitnOn.RePrter.
- ,
LET islo ONP, ,
,---Themaroup,Nyords of one thouaand town,—
Ships and election districtsiti Pennsylvania. ,
One vote in eack.3voUjd n mere than
`oho thousa ndVetee'' diffeieno3. in the salt .
of, the 'A -VOtee in
each, cAangg frow,PAnter to,i4tnor,,,,vfoold
make, mOre. .tv.o. votenef a
diffefitice: :This hoW
alert. ilOtfltdo4o'idnti l / 1 1 4
industrious Xetv; l o:d.w4Pfk WO
Cannot unit to 'th iX.'
. ;,/040
*Ott #loit • (000iiiiyi .. a!
Vroiduelar=;!;,_lre
lioe'iverffrrend ediieotiOWipres -- will _
lAsxhinnielfoo;24iSiOninatei•l'Mfokmatioii
afttl people
=
•.•
.
7% '
6
71941 . .6PI PP:X.4.944A 7 1 14 1 W: 9f Y 4 4 .1 4,
The4,ntsre Farm, on tolintiAti; . auttarm henresicies,
.00Maining 185 acrea,..vegiimei o'fl4"with'
. toro citfiV eL CvnY 9 7 l 4 s t . l i k s,. s7 .ll , l t"v oe i tb4.• n i;; Eh t b 4 l ' l V o k i l it s a p ' th ''
• ' •"‘ ,% • •
• • . • • . •