• • Tirt REQUEST,) •
.7 n - 0 N- - .' -- 14 - 0-1,-T-ON 0. -It 0 GeE
CHARGE To THE JURY,
State 'of Pennsylvania, change one-third in
such manner as to the General Assembly
may seem proper. . -- • -' '•
It was the intention of the L,egislatuinv
'by the act of incorpoiation, to provide for
the election of competent perione, who, 'as
an incorpotated body, might, , with ,moire
ease and in i better manner, manage the.
temporal affairs of the - church, ' ItiCcinlY
in this aspect that we.-have cognizance nt
the case , • . .
In thicountry, for the . Mutual aovantage
of chur ch and-state, we , hive wisely separ
ated the ecclesiaitical from the civilpower.
The court basun little inclination as authot
ity to interfere with the church and its 'gov
ernment, farther, than'may be. neccessary
((Wits pintection - add. iecinity. — lt is Only
all it bears upon the corporation, ' which' is
'the creature of the' civil Power, that we
have any'right to determine the validity, or
to construe the acts and resolutions, of the
t l
general Assembly,' , I,
Although neither the meMbers of the Gen
eral Assembli, as such, nor the General
Assembly itself, are individually or•aggre
gately members of the corperetion, yet the
Aesemblyhas power,_from_time to time, as
they may deem prop/iron change_the Aria
' tees,_and_to-give -special instructions fOr
' their governinent. They stand in the, rela
'
Lion ofielectors, andhave been properly de
nnminated in the argument, quasi, aorpo
rate. l'hec trustees only aye the corpomir
tion by express Words_ ofthe_act °file As,
sernbly. ,:' ' -
.Unhappily; differenees have arisen in the
church, (the nature .of which is not neces-,
nary; for us to inquire into,) which have
caused a division of - its' members into two
parties;
called and known as the Old , and
.New School., Theseappellations we,may
adopt-for the sake of designating the respec
tive parties the existence of which will have
an important bearing on some of the ques
tions iniolved in, this important cause.- 1 - It
gives a-key-to.conduct,-which.-41,...wmild_le
-otherwise difficult to explain.
The division confirmed to increase in
strength and virulence until the session of
-1837, when - certain decisive mewres,
which will bo hereafter stated,,were taken
by the General Assernbiy,which at this time, '
_was• under the control - of- members, who .
-sympathise, (as the phrase is,) with the
principles of the Old School. '- - - ..
At an - early :period the. Presbyterian ,
church, at their own ,suggestion, formed
unions with' _cognate phurches; that is;
churches. w_hose faith, principles and ,
practice, assimilated with their ()yin, and be
tween whom there was thOeghtto - bb.no es
sential difference in doctrine. '
• On this principle a plan of union and• cor
respondence was •adopted by the_Assenahly
in 1792, with ' the'
__General - Association
of - Connecticut, with' Vermont 'in 1803,
with that of New Hanipshirein 1810, - With
Massachusetts in 1811, with the _Northern
'Associate „ Presbytery of Albany in 1802,
and with the Reformed Dutch Church and
the-Associate Reformed Church-in-1798.
These conventions, as is stated, origina
ted in Measures adopted by the General As
sembly in‘l79o and 1791. The delegates
from each - of , the • associated chuiches not
' only sat and - deliberated with each other,
but also act,d
eand wiled by virtue of the ex.-
press terms of the union.
1 In .further pursuance.of the settled policy
of dig 'Chiieli iireiteiiif iiillifiete iff "iiiieffilz
nem. in the year 1801, a plan of union be
tween the Presbyterians and Congregation
alists was formed.
- The plan, which was devised by - the '
Fathers_ of the church to prevent alienation
and to promote harmony was observed by , the
general Assembly without question by them,
until the year 1835, a period of thirty-four
Years., •
At that time it,..was resolved by the gen
eral Assembly, that they deemed it no lon -
er desirable that the churchem should ,lie
farmed - in their presliiterian connexi on,
agreeably to thcplan adopted by_the Assem-
My and- the General Association of Con
necticut„in 1861. They, therefore, resolv
-Ed-Wifilleir brethren
,pf Th e General As=
sociation - of - Connecticut - bei - and they here
by, are, respectfully requested to consent
that thk• said , plan
_shall be, ,from and after
the next meeting of that Association, _de
clared to be annulled. • And also resolved,
that the'-annulling, of- said plan, shall not
in any wise interfere With the existence and
lawful- association_ of churches which have
been alreadyloOmecron this Plan.% • -
To this resolution no reasonable objection
can be made, and if the matter hail been per
mitted to rest here, we should not have been
,troubled with this controversy. It had not
then occurred to-the Assembly that the plan
of union was unconstitutional. - The reso
lutions are predicted on the belief that the
agreement or compact was constitutional.
------ They-request-that the-Association-of-Con ,
.Having- thus given You an - account 'of necticutwould consent to rescind it. It does
such parts - of the Form-orehurch=Govern- not seem to Irave_beenthelight that this could
• uient as may;isome n expects ofthe cause, he done without their consent:Alid - rikiii:l
be material, I shall.now call your attention over, the resolutioli:expressly saves the ,
to the matter in issue. . '.- . Aging of existing churches which had been I
• This proceeding is what is called a -"Quo formieon that plan. • , ~ 1
• Warranto.".` It is issued by fire Comnion= I must be
_peynitted to lr egret, for tbe i
wealth, at the suggestion of James • Todd sake of peace an harmony, that this bitai
, and others, against &abbe' Green and others, ness wee not suffered to rest on the basin of
- .. -- L - to - show - brwhatr:authority-they-Claim . -16- resolutions-which - breath - the-spirit-of-peace
exercise thisoffice of°Trustees of the Genet- and good feeling. But unfortunately -the
al Assembly of the Presbyterian Church in General Assembly, in 1837, which , was . J
- the United 'States - of America. I must then under another influence, - took a differ
' _ bent - remark, That it is-, not only an ,appro- ent view of the question.
- priate; but the, best method_ of trying the is- "As Me - Plan of. Union'..adopted for the
• .• - , ,
• sue nobl caus e..- . '._,l• . new - settlements, in 1801, was originally an
-- - -- It Is ad nutted, that tintil the 24th of-114nyt unconstitutional on the=patof - that - An=
- -nap, the respondents were, the rightful sembly—thetm important standing , rules,'
Truatsest . but it is conOided, b3r the reia4' having never leen submitted . to the presby
. • Ws; that onthat' day, the 24th of May: teries—and is they were totally_ destitute
,
:
"4" - 1838.1 - pursuance of the act of ' ineorpo- of influirity - aa_ eroceedini from the Gener
• ,' , Stioot the 'general Assembly of, the Pm al Asnociation of Connecticut, which„ is in
' • ,ayteriMfOhureh changed ciae-third of the vested ,with‘no power:W legislate in such
trusteea, by the, election of , the relators in castle, and especially to enact.laWs to regu
the plies and Stead of the, respondents. ''' late churches not within her limits; and, as
• , -:',., The 28tH Muich, 1,799, the Legislature much confusion and irregularity have arisen
.- of penneylvania declared Ashbel Green and, from thisiumatural and- unconstitutional eye._
;,';. ; '1,7 others, Inaming , them,)' . a • body, politic tem of , union, therefore, it'is remelted,' that
• i
and UerPutate.' - by,,the, name and, style of the Act of Assembly_of 180keinitled a
Trustees of chi
the ;(, general . Assembly of. the • 'Planet Union,' be, and Ate eagle labereby
• , ' PiesbytetitutOhureh" in ,. the, United, ' States abrogated." • Bee Digest. pp.'.297-209.
of America . - , ' '..: ~.:, , : . '-'' ; ' '. ' The resoltion declares the Plan ofalin
:. .t.,... . The oth seOtion piny**, that the corps = ion
.1!),11!0 `unconstitutional,: . ; tit, . because
• 4
ration ,shall not,. at, any time, jollities ' of *Gee inipesteet standing rules, as , -they-pall
- inorellian'lB - pereons; whereof, the'Genet-' 'thiMi-lwere notsubmitted to - the preebyte.,
---- 7 et Assembly - mayint-theiiiliscrction,--fia 0- , " 'ask and seeondly,,- beeline - the generol - Asw
'• teu ii 9 they Shall hold , their ; pessious irt the al:10419119f Connecticut was *wad with
tri
'IN THE RUPHEME COVRT OF rENNOYLYANIA,
• MARCH 26,_1839. •.'
Coa!monwealth," at the suggestion of
Janus Todd:and others.
ehbd Grein and othera.
OTINTLEItiEN OF TILEJURY, • .
Before, the, year 1758 ,tlio Presbyterian
churchee in this country. were under/ the
care of 'two separate synods and their res
-cod*. ejceithyterieal the Synod of New
York; and the Synod of Philadelphia.
•,• - c - 111 the_ year 1758 these synods were uni
'ffed,-tinit*ere called "the Synod of New
, - 'Yolk and-Philadelphia." ,This confirmed
until the year 1788, when the General As
• itembly Was fortned. The synod was then
+kilo:led into four synods ; the synod of
New York and New Jersey, Philadelphia,
and the Carolinas ;
of these four
synods the General Assembly was constitu-
In 1803, the Synod of Albany was erect
-ed. This synod has been from time te
Bine subilivided, - and the Synods 'of Gene
-.see, Geneva and Utica have been formed.-
' The synod - of,Pittsburgh has been ,also
erected, out -of which the Synod of the
Western Reserve has been - formed. -
These constitute the_ four_excinded sy
nods,•Via-v the Synods of Genesee, Gerieva,
Utica and the- Western Reserve.
. The General-Assetably was constituted
• -by every presbytery. at their lait :stated.
meeting, preceding the meeting of the Gen
eral Assembly, deputing . to the General As
isenably ablinnissioners in certain specific
prpportiona. .
The Westminster Confession of Faithis
part of the constitution-of the church: The'
' constitution could not be altered; unless two
- thirds of the presbyteries, under the care o f
the-Qtneral Assembly, prepare altkTationa
or,.antentknontt,t and_uch alterations or '
• amendments were agreed to byth - e - Gan - eTat
- lssenably. . • '
The Form,. of Government was amended
..in 1821. The General • AsSembly now
•--`consists of-an• equal delegation of Bishops
•and Elders from 'each pllabytery •in cor-,
tain proportions. •
The judicatories of the church consist of
the session, of the presbyteries, of synods,
abd the _General Assembly.
,The . church;seission
. consiats - of the pas--
for pastors,,,,and ruling 'elders of a par
-ticular congregation - .—A presbytery, of all
- the - Ministers and - one ruling eldeffront each'
. congregation Within a certain district:--A
- . synod convention-of bishops--and-el ,
ders, including, at least, three presbyteries.
--And the General Assembly of -an. equal
delegation of bishops and elders, from each_
presbytery,_ in the following - ' proportions,
- viz: each presbytery
.ponsisting of not
---more , than : 24,ministers, seeds. one_rninister
anit Ope 'elder ;.- , and-ach 4resbytsry,_con.
-- • • eisting of,More than 24 ministers, sends
two ministers and two elders 4 . and in the
. like proportion for-every-24-ministers-in
any presbytery,The delegates so, ap
pointed, are styled commissioners to the
- General ASsemblyr --
The General Assembly is the highest
judicatory of the Presbyterian Church.' It
represents, in one body, all the particular
churches ,of . this denomination of Chris
- flails:
- In relation to this body, the most impor
' taut undoubtedly are the various presbyter
lee ; for, as was befoi-e , said, the. General
Assemblx,consists of an 'equal delegation of
bishops and elders . from each of the preeby-
- tries . If the presbyteries are destroyed,
the General Assembly falls, as a matter of
course; as, there would .no longer be any
constituent bodies in existence from which
delegates could be sent to the General As
sembly: - "
The—presbyteries_are_essentiaL.leaturec
the fo rm of_government in another
_par
- fielder, for before any overtures or regula
' tions proposed-by-the General Assembly-to
. - -he established as constitutional rules, can be
obligatory on the chut , ches, it is necessary
to transmit theni to all the presbyteries; and
to - receive , the, returns of at least wmajority
of them in writing, approving thereof.
. A synod, 'as has been before observed, in ]
a convention of bishops .and elders within a
district, - including *t least three presbyte ,
ries. — Thesynods hate a supetvisery power
over, presbyteries, but unlike . presbyteries,
*stanch-they are somata to the exis
tence of the General.Aseembly. If every
synod in thw;UhillidlStates were exciuded
and destroyed, still the Geneial Assembly
would xemaiii as the highest tribunal in the
"church. In this particular there is a vital
' ditfeience between piesbyteiies and synods.
The only connexion between the General
Aisembly and the synods is, that the for
mer has a supervisory power over the
[1721
''' '
a ' I.;
=9
y.p . „40.*.mqp.**44.04:...: : ; .- N . :4 . (..ii
. (7. : .„,11 - wol :-lar-0-$)-ti-!**--10.1r:4::7..
rfo,. 'Power 'to legislate in ..bush `cases, and Ss-,
enact lawlf to regulite churpliSS
no within Asir limits. -
The Court is, not eattsfied.with,ithe force
of these reasons,. end do not' thinltlhe agree
ment, or Plan of: - Union , comes Within - the
wo orvepirit aCtinie Cionsti
uttniti,which provides, that before any over
tire of regulations shall .be _proposed - by
the General Assembly to be • established as
Constitutional rules shall'le obligatory . on
the phurches,, it shall be necessary to trans-,
trait them. to all the piesbyteries, and to re
ceive the returns of at least a 'majority: of
them approving thereof. Nor is it, in the
Opinion of. the Court, in conflict with the
constitution before its amendment in 1821,,
which, prOvides that 'oss alternation shall be
1110 e-in the ponstitution unless two-thirds of
the presbyteries under the care of the Gen
eral ' Assembly prOPose - alterations - or
amendments, and such altefations or ,
amendments . are agreed to by the Aesern
blY- ' • •
, It was a regulation made by
,competent
parties, and not.mtended by either as a eon-,
atitutional rule; nor was it obligatory on
any of the
_reabyterian„ Churches within
their connexiion. Those who weireeotiotieT
tent to make it, sere competent to dissolve
it without the as ent of the presbyteries, as
such - , which coUld - notbe dime, Wereit:a
constitutionarrule within the . meaning, of
the constitution. Whether one party : may
dissolve it without-the consent of the other,-
it might be- unnecessary to - decide. My
opinion is that they. can.. -the
.Plan of
Union is intended to prevent:alienation, and
to promote union and liarniony in the new
settlements. .
It , is npt a union of the, Presbyterian
Church With a:Congregatioßal
,Church, or
churches,. but it. purports to be, and is, a
Plan of Union between individual members
of the Presbyterian and Congregational
Churches, in that portion of the country
- which---wastlien-denominated—Abi
settlenients. his, advisory, and recommen
!lawny in character—has rtothing_obliga !
tory about it. A Congregational Church,
as such;_is -not by force of the agreement
incorporated with the Presbyterian Church.
It has no neccessary- connextion with It; for
for-it is-only _When -the congregation TOII
- partly_of:. those wholold the Congre
gational form of disciTline,_ and partly Of
those •who.hohl•the Presbyterian form,:and
thernis an appeal, to, the presbytery, (as
there may be in certain:.eases,) that the
Staruling_Cemmittee oftlie__Congregational
Church, consisting partly of Presbyterians
and_partry_of__Congregatirinalists,..maY, or_
shall attend the presbytery, and may have
the same right to sit and act in the.presby:
ter as-a ruling elder.
the,
whatever may,
have been occasionally the instances to-the
contrary, this . I . conceiveno2be the obvious
construction-of-.the regulation.-___That,part
of the agreement _was _intended_ as safe,
guard, or protection of the rights of all the
parties to beaffected by it, without any de
sign- to •confer upon the Standing Commit
tee all the rights of a ruling, elder. ,
I 'view it as a matter of discipline, and
not of doctrine, the effect of which is to ex
empt those members, of the-different,com
rnunions, who adopted it from the censures.
of the church to' which they belong, and
particularly the. clerical portion of them.
Court is also of the opinion, that af-
Ter an aciittiencence -of- nearly forty years;
and particularly after the , adoption_by the
presbyteries of the amended constitution of
1821, the Plan of Union is not now open to
Objeetion. The plan has been recognised
by the presbyteries at various,. times, • and
different manners, under the old and amen
ded constitution. It has been acted on by
them and the General Assembly in repeated
instance/4 and is equally.as
,obligatory as-if
it had received the express sanction of'the
presbyteries -in-all-the-forms-known-to-th •
I constitution.__ . __ - : .-.
'That acquiescence gives right = is.a prin
ciple which-we must admit. -The constitu
tionality of the iurchase -and-admission of
Louisiana._as-a -member-of-the-union,-w-as
doubted by some of the wisest heads and
purest hearts in.the country ; bin he would
be a very bold man, indeed, who would now
deny that state,-and Mississipiii,'Arkansas
'and Missouri, to be members of the confed
eration. In the memorable struggle for the
admission' of - Missouri - into the union; this
objection was never taken.
Nor'am, I satisfied with the second rea
son, that the General Association of Con
necticut was invested with no power to lc=
.gislate•in suck cases, and specially to enact
laws to regulate churches not within their
hnits. Although the General Assembly
had the right to annul the Plan of Union
without the assent'of the General Associa-
.
Lion of Connecticut , yet I must be permit
ted to say, that a ft er having acted on the
- plan; and reaped - all - the - advantageti of - it, - it
is - rather discourteous, to say the least of it;
to 'attempt- to 3 abrngate: it - without - the - con=
,sent r iif the - le:their party.: -- Although_the_As ! .
1 isociation may, be an advisory , body, yet it
does not appear that any difficulty has been
started.by them, r or.b'y the churches : under
.1 their control .._._. All parties acquiesced in it
;Abr.,3_o_yeurs4md it wAtinld• be too late for
1 'llir - ' T -- " . — N '
either,lniw , to object to its validity. .or is
any thing the idea,
Vii,no ppwer to regulate churches not within
their limits. This is a matter of consent;
and there•is nothing to prevent churches in
one state, from, submitting themselvee to
the
• ecclesiastical government of ,. churches
located in another date; The Presbyteri
an Church hu - furniehed - us , With'repeated.
"examples of - this kin - d. _ -
Bo far from believing the Plan of 'Union
to .be unconatitutionid,_ I, donor fully_with
olie"of the counsel, that, confined within its
legitimate !finite,' it ie an agreement or reg
olation, which the General. Assembly, not
only had power to make,,but that if is one
which ie well calCulated to promote the best
interests of religion.
If . stated,theStanding
asisCommittee of
Congregational Churdhes
,have claimed and
'mien:mod-the same - rights ru4Pg" elders
in: preibk(erien, and .in ; the Generel fAseein-,
bly:itdellff, ite - riirabuse ithich*dy be
ratted byithe - fropOr,tribunale; but surely
that is, no, argument, or' one of but • little
weight, to:show that (be Plan of Union
unconstitutional and!**
7 -- Although;. in thicopiifientile (lib - if;
the Assembly . h ave the right to repeal the
_ • .
Plan of'Unionr.withoat ths c ,
orisent .of t e
GenerarAatiocitition of .ConiteetiCnt,'iSt:it
Was .unjust to repeal.itoiiithion Snvil4t:the'
rights of existing -ministers-aed - Churches.
Btitlhis a' enatter(tlieproprietyo which
" t
they must e erm pe.-
But whether / the Plan of Union be con
stitutional or / not,-is only material so fir as
it is. - mstld the basis of some subscqiient
resolutions, ao, .whieh your, attention will
now/be directed.
• ~, A t the-same session, and after failure . of
an'aitempt at compromise, the character of
which has been' the subject of much com
ment, the General.Aisembly resolved, that
by the abrogation of the Plan or Union of
1801, the., Synod of the Western Reserve
is, and is hereby declared to be, no longer
a part Of the Presbyterian . Church.
Resolved; That in consequence of the ob.
I rogation by this General Assembly of the
Plan' of Union of 1801, between it and tfie
General Association of Connecticut, as ut
terly unconstitutional,, and - therefore null
and void lien' the beginning, the. ,Synods of
Utica, Geneira and - Gennesee; which *ere
formed and attached to this body, under and
in execution. of said 'Plan of Union,' be,
- and--are hereby declared to be',out of:the,
Connection of the Presbyterian aurch in
theAlnited States of America, and that they
are :not.. in form or in fait, anintegral
tion of said church." • °
.These resolutions refer only in name to
-the-foursynods,and-if-w - e-were called on
for. the construction alone, it might be well
doubted .whether.-they were intinded, or
could be made to include, the presbyteries
within their limits, the constituents or elec.:
torsi bodice of-the;General - Assembly itself.
I should be inolined i forlhe purpose of pro
tecting theierightscrom a resolution so final
in its character, -to say 'that they were not
inclhded, neithey in the spirit northe words
of the.resolution. But this construction we
arerprevented from giving by their,declara
• eslukon. It is - tlierd _in "effect said,
. .
that it is the purpose of the General Assem
bly to -destroy the relationti of all said syn :
Cods and all their constituent parts of the
General. Assembly and to the Prnsbyterian
Church in the United. States. In the fourth
resolutiOn it is declared, that ahy presbyt.:-
ry Alm-four sytiods, - being . strictly
PreSbyteriln,in doctrine and orders who may
.desirs to be . , united with them; are hereby
directed_ to make 'appliCation, with,a,. full
statement of their ease, to the next-General
Assembly,. Whieh Will take - oroper - - order.
thereon.
l'hire cter of
-these-resoliitions. It is an immediAe dis
solution
.of all emmection iN i tWeeri 'the four
eynods_and all iheimconstitutent parts, and
.the. General Assembly. • They
,are_destruc- - ,
dye of the rights 'of elect Ors of the'General
AiseMbly.. • The - s.onneetion might be re=
newed, -it is, true, by each of the presbite:
ries Makiiig7a:pplidatiofito - the - next General
Assembly, but they are at liberty to accept,
or refuse them, provided
_they,, the Genera!
'Assenahly r deem the'in strictly Presbyterian
in doctrine and eirdei. As they . had die fight
to admit them, they had the -right, also, to.
-refuse them, unless, iii - their iipinion, they,
were strictly Presbyterian inziloctfitie and
order. • • - •
By these resolutiontc,,the'Commiesioners
who had acted with the• General• Assembly
up to - that time, were / deprived .of their seats.
'At' .the same -time; lour synods, with 28
presby-teries, were cut off from all conhex
ion with the Presbyterian
. Chuirch. The
-
General.. Assembly resolved, 'that beCause
the plan , lif 1801 wais unconstitiitiona l l, those
synod and their constituent 'OrtEr-gre,no
longer integral parte..of the - Presbyterian
Church. • •
You will observe,'lliat I have already said
the Plan pf Union is constitutionalhat
reason therefore fails. „They have'resolved
th a t it ici qnt nnly_unclanstitutional t _lAtt_tha
it is null and void from the beginning. In
stead of a pia'spective,-they` havegi_ ven Their
-resolutions-a-retrospective-effect,:the-injus
tice of which is most manifest.
----The-foitr-synoils,lawl-all-thopresbyteries
attached to them, have been formed since.
the year,l,Bol: . The Assemblir , ereates the
synods, find the synods the presbyteriei%---
Sometimes the Atsenibly creates the pres
byteries:---a course pursued with some of
the presbyteries which have been excinded.
They have been established since,, but, this
is no evidence that the four excinded . synods
were formed and attached to the General
ASsembly under, 'and in execution of, the
Plan of Union. The compact, as has been
before. observed, was intended for a different
purpose, and imposed on the Presliyterian
•Church no _obligation • to admit churches
formed on the plan as members. It was a
,voluntary act,' !Ind not the necessary result
of the agreement; nor does it appear that the
presbyteries were formed and incorporated
with - the - Church - on anynther s ternaror - condi; -
tionii than other Preabyteriane, who were in
- the regular conrscrtakeirintothe'Presbyte=
rian_connexion.
But, gentlemen, when resolutions of so
unusual a character, so condemnatory,,and
so destructive of the rights of electors,'lhe
constituents of the_Assembly_itself, are_ pas-
Sled, we' have a right to require that the
substantial forms of justicethT6tieefired - .=
"But, so far frOM - thirwthe - General - Assembly,
in'the' plenitude of its power, has underta
ken to_ exclude ftim ell 'their . Tights and
privileges 28 - Presbyteties, whii are its con
stituents, without notice; and without even
the corm of trial. By the resolutions, the
commissioners, who had acted as membern
of the - General - Assembly-for=tivo -weeks,
-were-at-ronie-deprived'ef .
synods; , ttii . presbyteries, 509' ministers,
599 churches, and 60,000 communicants,
we `at once de - prived of
their privileges in, this church. ,
This proceeding is not only' contrary. to
the eternal principles of justice, the princi 7
eiples of the Common Law, but it-is at va
riance witli-the'constilition of the church.
This is not in - Tthe nature of a legislative,
but, it is a "proccending to 'all in
tents and puti#see f j-:- -It iii idle-to deny-that
the. preshyte,ries within the, infected dis
tricts, se they are:celled; Were treated as
enemies' and Offenders,' 'against - the rules,
regulations,, and doetrines of the"ehtirch.-1—
there is 'any 'thing that a man values, it
is his religious • ".
And of this °mien'were' Ilk General
ieseuibly themselves; for, only a' few days'
ME
The Germintown Tetempi", Owl
"Welrould-advise- persons :who -'ioritenp
Plate greiving nnilberry trite:Ale"imison,
And have not yet procured thelrcvees, to
exereitia,theutmoto care in Making their
purchases. They should reject the ,Frreh,
tree entirely, at, whatever price °Mired" :end
particuladystiplate in their contracts, the
part ofthe. country, Wheri the 'Ma , wao
_raised:"• •-
• • •
before, they came to the following resolu 7 ,
.
.tions ,
Iteio/v4.,'Thai We, proper steps .be
now taken to cite to the bar
,of the next As:-
sembly such inferior judicatOries as 'are
charged,by, , cointnoe fame 'with irregulari
. 2. That a special comniitte'e be , now 'ap
pointed to , ascertain what inferior judicato
nes are thus - charged with common fame, ,
pMpare charges 'And specification's against
them, "and to , digest an suitable plan of pro,
ceedure in the matter,- and_ that said com
mittee be .requeAted to report as soon As
practicable. ' - • ,
•
[To na commun..] •
CORRUPTION FUND.
'Governor Porter's Canal Commission- '
era ask for.,the enormous sum of upwards
of TWO' MILLIONS as. a repair .fund;
when four.: hundred. thoneu,nd . dollars]
would be a large- appropriation, and Sefft,-
ciont,.to make all necessary_ repairs,' and
When only 0280,000 were appropriated
last year. -- •
• What, the people will ask, is the object
of getting this enormous' sum ? . It is, plain
to be seen. -They-will'want no inore-evi
deuce of the design tdpfunder the CorrimPn
wealth, than to be- told, - that - the-repair
fund is completely under the control of the
.Canal Commissioners—and that the super
visors and disbursers of the money • render
no accountability to-any one, and are under,
no check'save that of 'the Auditor General
and State Treasurer,-both of whom will
Soon be Loco - Pecos, and can enly examine
the bills presented,iwitho_ut being able to
,ascertain whether the money has been ju
diciously laid out, or laid out.al all. , The
repair fund,-therefore, is nothing- but a fund
placed at the disposal of. the Board of Ca
nal Commissiopers without responsibility,
- check - or control = and Witti the "astounding
sum of two-millions, four:fifths of which
- will - not, - cannOt be, I'v anted in-making Judi
cious and necessary repairs, corruptions of
bratkelif-dyWhawrpeitated:-It
becomes in their hands a coi•ruptionfund.
It is well known that - great diSsatisfac
tioh rests even- in the ranks of GoVernor
Porter's friends, respecting his Board: of
'Commissioners ; and • it has -already been
hilted to them that' the next - Legislature
will takc,the' appointing_power into their
lianis-Lhenee the necessity of the. present
Board to have a large fund to use for: elec
tioneering, and buying up friends .arid !KATI
afflie•riext election. - Thaselienie-has -been
concocted with_ a full . knowledge of the de- 1
fianco'it bids - to•' any investigation ;- .- and,
we, have no•dcifht, with the full'expeetation
that it will place' the present Boardiof Ca
nal Commissidners above the ieich of the
People. We ask ihe Freemen of Penn
sylvania to -look at the facts, and :then say
whether they can find any Tenon, for the
appropriation of - two - millions - .three' hun
Bred dollars iiii - repairs;- unless it_io to.
create, a —FU-N D—TO4.IOREUET-E_
BALLOT =BOX! Telegraph.
THE SYSTEM COMMENCED.
The Canal Commissioners have asked
fortweirsillions-three-hundred-dollars for
.repairs on the public improvements. This
sum exceeds all that has been expended for
the last eight years ! ' But it' is asked, and
the faithful are expected to give it.
But let the peefile take , heed of the mat
ter. There is.no n,ecessity for this sum ;
itis not needed and cannot be judiciously
expended. - Look 'at the system marked
out. Oanal Commissioners-comman
ded their Supervisors, &c. to report the
debts -due and the amount required for re
pairs. Some of these reports have already
come in: and our readers can judge of
what they are, and the credit they are en
itled-to-when-w-e-state-thatihe_three Su
pervisors on the Womble Rail - Road re
port; that tqiTiarifti oC one 7iun "-iiiid
14irty thousand-dollars-were- due for debts
contracted- by the late, Supervisor . who
-settled-his -acrount at -the4utlitor-Gt:nerals
office the present week, and stated 'that
there are not three:hundred dollars of debt
contracted under hint, due on thit — toid.
With the,:eytdence of even three hundred
dollars ,of debt, the present Supervisors re
port-that there are upwards of ONE HUN
DRED—AND-THIRTY 'THOUSAN D !
Think of this farmers and Tax payers !
Again, the Supervisor.on the diVision of
the Canaifrom this place to ,Dunean's Island
reports that there are iipwards of twenty
thausand dollars of old debts due; and yet
the late Supervisor, whose veracity will
not be questionedby the Loco Foces them. :
selves, assured us yesterday that' there
were not debts created under him unpaid to
the amount .of two , thousand dollars.--.
Thus the systeni of rend that is to be car
-ifed-ofichas-been commencedbyrthe-crea
den of false returns, to mislead the public
and zlrawtheieattentiOn away while they
plundeu thevTreasury._ an, -this :scheme
of ingeniiity.be looked upon without arous
ing• the indignation - orevery honeet man of
any party; 'The people'shonld pronotthee
-theit.condemnation-tipunit-before-it-ii:too
late.Har.. Telegraph. . .
THE CORRUPTION FUND DE
. • FEATED.
The Improvement bill, appropriating
-wards _of ortx_muximi for epairs,.. to be pla
ced in the hands of the Canal Commission
era; for electioneering purposes, which had
been_got:_up_in_ caucus and, _passed the
-1 - louse-by-a-party-vote,-was-defeated-in-tbe-
Senate last evening,. notwithstanding the
most unblushing efforts of thp Canal Com
tniseioiters and - thelaquiee of !he Adminis , '
trade% who appeared7in person.at the .el
iows of Senators tO•press it through. .We
now believe that a properimprovement bill
will be passeit at the extra, session.--linr.
Te!egraph. • ,
HERALD,
HY'OEORGE M. PHILLIPS.
'CARLISLE,:
WEDNESDAY, APRIL 'lO, 1839.
FOR PRESIDENT,
WIC. Z. ECARItISCAT.
FOR VICE PRESIDENT,
3D - AITIEZ WIUBSTEZ
i~i~~4
Iltdr.llEtter A. Wisi.--. , Weptdilished iastWeeh
the speeCh of this extraordinaryand gilled gentleman
odthe - subject of duellini. -.- Althongh we -- abhor - the
ctice of duelling as much as any man, helieving it
. .
tobe one of the last remnants of a feudal and barbar
ous age, opposed alike to the laws of God-and man,
yet we are almost tempted to believe, that there Are
sometitnes circumstances which not only palliate but •
justify it.. When a man's character hie been 3ticketb•
ly and wantotily / aOsailed,--when .the reputation of
those who are. dear to him its the_ apple ofd,ls eve,
has been slandered by titeimilignant, of what avail to:
him are the dull fOrmalitierof a couit of law '?
Mr. VISE has been figured--deeply injtired-Lby
some of thdleadineand•hypoeritieal loco taco lead--
ere. In his speech, he shows them up" in their tree •
I • •
_colors, esposestheir .hypocrisy, and_felly_eoculpatesi.
'himself from the charges brought againet.him. They
lave charged him with the is); ful crime of Murder,
and yet they refuse to, put him. upon his trial---refuse
to, investigate his conduct, well' knowing that if they •
. . - .
so, li would. ho
triumpluddly-isequittell.
J man iIf:PDVRN.--On Monday last - the - Court 'ofT- 1 .---
Mr. - -Wiee:is a man -of great physical- and-.m?ral -
Quarter Sessions for this county commenced,' hie
courage, With
,a mind of the first order, and he can
Hottor.'d'udge Hepburn presiding:: 'Re Jddge. read
very gebtl charge 'to* this Grand Jury, and had the:: tt nor- 04 15iilized• -.The Van Buren
st
leaders knotv this; and dreading the - effect of his neti;
constable's_ aorn Medd the list of Jurors tailed over ;
i nt _ yous.and impaSeionod'eloqueneewuponthe people , ant
as well as imp Judge could have had the 'same very
- portatiCilutieepetiernied.': The firstpifiial_ net of 1;41 endeaVoritig murder _hie, riputation: Bthis
they -- will'imtbe . abletoaneeeedi: •He wiltreceive the:
lionor Was -to turn out Of 4:ti'llge:tlieCourt fot:
I .countenance and support of a free people -in_bis
the very unpardonable
_offened - nfinid_ belonging tit
'•
en
the same;pOlitical party to which the' jUdge denvors to, expose the rottenness of a•tvorthiesti and
tasted_ lii mval since-he sante%to this comm .. The corr u pt administration. ••11lr. Wise may have faults
:free to confess that with
appointinentof--thie'officer is about the whole'amOnni. and who has not—yet we are
of hiapatronage:, 9r p general swop-of all4ho differed all his faults we like him still." - -
"'; R'E M.O Vi ti
. • he-Printis4:oAlci of the
41
* EIPOSITOie_
11s BEEN RE M OVED TO THE BUILDING
. 11N REAR OF THE DWELLING opcum
• ED BY TUB EDITOR, •
One door:A*44h of the -Store
- of ai•nrild C
IN NORTH H.,:•NOVER-TREF.r
THE, -PUBLICATION OFFICE
IS-IN-TICS-STONE-BUILDINGSIN_CENTRE
SQUARE,.RECENTLY OCCUPIED BY CILIS.
.111'CLURI,7,. AND ADJOINING THE DRUG,
STORE Off'- .Dl[. JO/12r7.7.11YE7tATW11EIRE
OUR .FRIENDS ANIJ .C,USTGMERS CAN BE
ACCOMMODATED AS USUAL.
March 270839. \
from him politically might be expectetl;----Wecrally
hope that his ifonor_will notthiakilincuml;ent.uprim
him to c•iyry his political-prejudices-upon the .flench
with -ntnt - decide according-to
views;•L
-We-liop_e for- better-thi
'but we feelapprefiretialve th'at ibe name
actuated him in the one case will operate in the other.
lf.by reason of inexperience and a want of legal
knowledge, his Honor should btingle a little, peo
pie will riot he hi the least surprised, but if he act
hereafter ea he has
, commeneed,- regardless of the
assurances and pledgia which proeueerf
,hia confirma-
tion 'by oi r Senate, be ' most certainly gain for
!Anise:llAm not. very enviable 'distinction - of being's'
mere political Judge. Want of intelleit„can be'forA:
given, but.a dereliction from integrity will ever be
condemned by nvirtuOud communi t y
g :tirtlON IipTEL..."7-311 . ; - WILLIAM.S; - ALIGES ,- liar-
ing leered the tavern' stand in South Hanover street,
a short distance south of the Court House, recently in
the occupancy of Mr.,.C. Macfarlane, has fitted Amp •
in a neat and handsome manner, and is now readyto
entertain, in the 'very best manner, all those who feel
disposed. to patrimize a good cablishmeok From
• our acquaintance With •lile...itt:LEN; we feel convinced
t keep en ti ie
he-will-do-every-thtagin Wallower- to-please-and-rte.:,
commodate his patrons. Union Hotel is a large
and spacious bSililar'* - , and from cortiguity .tb
the Court House will be a desirable tern ra -.home
to such of our country friends who are attending
court: His table (add this is
c a very important mat:
.ter_) willitielutvished,with every delicacy of the saqt.
son 'his bar' with the choicest liquors;_and his beds
are of the Very best, description. Ws stabling iacx•-
tenitve, and in the care of an attentive &dee. As the
Ctimbertand Valley is kaoivn - to' be a pleasant tutu
healthy summer residence; our city friends would do
well to jiassa few monthi here. They: Would receive
a kind and cheerful vielticime from "Mide host" of
the Union Hotel, •
Tux Linv's 12loo?t.4—The, April_ number of this . ,
really beautiful and excellent periodical has already
arrived, and we are happy to find that it not only
equals but even tyrpaates, in, point of -litsrary merit
and embellishment, any of the proceeding numbers,
good as they all have been, • Mr. Gonsi's whole time
and attention appears to be devoted to the ~l loox,".
and'he "seems dile - Hulled — that it - shall staid - frit
among our American periodicals. It is now nearly
nine years sfnce-Mr.-Godey commenced the publics
tion oftheiady's.ftookwidelwas then:. eonsidered
ii`hasartions experiment, but the steadily ineieasing
patronage which hie been bestowed upon it, bears
ample testimony to the skill and industry of the pro.
prietor. Should Mr. G. continue to varsue the path
which he *hears to have marked out foriiimself, we
lutte.no dnubt but.thatitatill at4ain a old age'
be a source of profit. to hinoself. . The April
number is embellished with a lbeinitiful colored Plate
:of the Fashions f. a Stetlgngravingaf the ,Parmer'e • • : . DIED
Return; "Rmbrolilery,'fiic. besides a- beautiful song .. ': . , . ' • „ • .
Sabbath. evening last, of consumpt i on; Miss
entitled 4 Earq. Love can never Pie," (set to music)
Fatl n cv . Axic MACTARLAINZ, in the , 28th year of her'
Tice proprietor of the Lady's Book had sevured the age.
services of almoit every :Xf — nerican wr it er of ne t t , as on Sunday ti!Slit oejSrtrth,;:-ot a lingering 'eon.
well w o i llE .. „ g ij a h wei*m.Aa,ylig whom we per.
_ t ar= _
n s ies tr urg li A. iled srA ts ai i - es wi rs fe . .a d r i g . . - sDahm.
ceivithe-nameileil—Mrs,-Jl,-Willogi r mre-s - F -Airship—pen-44ra; onTSsilnralifthe.-20th—ntMire.har
,1
Osgood, Ebenezer EUletti lti lt S. Mackenzie , - and
_JAwas P. Knockwan; infant, aon or, 14,r,p . , !csnowi*,
ThOMaa *killer.; In get?, a' Lady's ' boa: thouht
griee:the'partoenretvit lady in the iotintiiisna the .We Mies thy-pia; giallo, destbabe, • -----,..--_-
IMv.rateat Which it hpotlbred ($3 00 a year) will en.-'
~., • And pieasaM winning wart ; , „
~
able whoostereriper a on to possess thernseles nf it • , While,heMiefoith thitl rn W t , ikg w k . .
; ...
Pero?"*ia"g tg).'ex.riine''. the work can have an - A dre i '"?. of ol *.•:,ss,. -I': ,. - 5.. , , , ,-;!. • ,
opportunity of doini so by calling wiilint ". ' 1..
~,.
. .
, r
,
03 . }10n: -,
MARCIII MOIITO/i, 11/160 his beep thetieo
lbco candidate for Garersm of Masasehuetti for at
least 'a quarter of a eentoryAiii Sipa 'elitiseetei to
*prise a candidate.: Mr. Morton molt not only • o ' c i
i ieriobliging man', hist a philosopher. :; Afte;it g gi ng .
been beateri so 'fretpieaUy; most mask Wolald;dealine
the hoop:of *bother lion, buJ no en with:Judge Mot.-
toofhe appieilarhavw id 01 2 1.1 thO,cootto 'of o.7vit
difile''' . 041' 9 ° 1 " ' If a 13 1;eolal Moister 'to *gland is
10_10te _appelutedotz: hope Presideit-Vous Haien will
appoint the 4ilage:' He certainly des4ses•OWiethlng
handaercle.fer Ids romantic deyotlon'tti'ilhattlii.ty."
Waterton,.
... "I'll force you to buirolunteeer as the Colonel
the Cumherlind Dattalion.seid to hie men. ' • - -
- victors belong the ipoihrP ay Arno. Ken.
401 1 ' 1 04 when he tniped
_e_Whig out of the post office
etKiclerminiter; worth $4 a year. ‘,
'
Iteiniblies is ungratefulrinribOu — rfefty applies
-
tants for office In this county said when Porter would'at
appoint them. •
“flotition in offiee t r as the Clerk to the Cetninte!
elopers remarked alter he hair rotated for 17 jeers
from one office into another. • • •
.... !!Therestt-pair Ofus,'!. as the editor eftlse Volms.;
teer said to Commodore Elflott'sjaeltass.‘ . •
"Who're ofotirtl,7 as Master Epiuraini remarited
whets he shut his ejes and hid himself in the flour
_ •..
, et Half a losif'i batter than no bread," as • certain
legal
legal gentleman remarked when the pally made him
the, Poor Houie Attorney , instead of the Presideni
Judge. . , •
• . • 4-,' -,- ~ .- .
IN P oo
r,piy,moor •plitipet• observed to
Ppor nouse.Doetor. ". •
,
•
"Hold me or kill man, " aim valiant 'Colo..
.
nel observed when•he was itraidlor letting. anotber-'
gaging; and the people . .would"nt'cateh
don't care or what,iielities.eman as.tho
new Yulge isitide:i‘ so that he's a loco f0c0, , !--- 7 -- --
"Me are uteful creatures," as our new,Congrese•
man said to the popinjay. • • .
"I've •nothing but my good looks to 'recommend
me," aithetiew Prothonotary told the Governor when
e.applied for the ' . •
" Honesty is the beit iolii3y,"'ai-thettub Treasurer
said when he had to the spoils. .
. DEATH OF HEZEKIAIi Lift, EsGl,:— . WC JOITI from
tiie Baltimore Sun of Wednesday last, that Ifezekiah
-Niles,-Esipthe impartial; accurate, and talented anna - - --
diekat - Wilmingtoir,-cWiTuesday-last in-the --
.ty-.setintl_Year_othis age... His life_was.wellspent,fer-.
he raised liitatTelf hfitisinthiiiiiiinithitegrity,•to an
enviable station in the estimation Orfila fellow citizens.
To the typographical profession especially, his mem
orrinust be ever didir. Ile was their
- polar star, a
friend well tried, and an honor to the craft.. His ser
vices to the public have been great; he never sough
office or power, but he labored in a purely philaptliro.
pip and patriotic. manner to promote die views which
in his opinion, were conducive to public benefit. Such -
a man is a true patriot, and as long as the United
States shall preserve its Jiiilependence, so long shall
the, name of ..He-zekiah-Niles, the founder of Niles'-
Register;he revered; and his career be quoted elan
example ffir'iniitatioripby all those
_whii.dcsire to. Olt
tain that highest arid. noblest titles w_good_and Humes_
man, in • private life p in public, a pure -disinterested
Patriot. .
°Trim Harrisburg Chronicle draws a beautiful.
picture of society at the seat of government, It sayss
" It isji fact as notorious as that Harrisburg is the
Cirpitol - of - Pennsylvanieithatmirotherelasedf-people
rcumveto. this „place,lut. officeweekeri, Office-holtkra,_..
and DEMIA.II9,for none others can live here.",
--- To - which - of - thd Acme - classes doeti friend Gerrit
belong?_ From. what_we ,__observed in I - larrisburg___
last winter when the &nate Printing was about be- ,
ing given out, we should. suppose it was to the latter !
By the way,ifthis picture of Harrisburg, as drawn
kby the editor of the Chronicie,io a true one, We would
recommend to .pueState Legislatdre the propriety of
removing the Seat of government:to-Carlisle as soon ,
is` oswiblb. , .
Ilmow or Tannon.- 7 The Alexandria Gazette says' ,
that the Work of proscription has already. commenced
[among
.the subordinate clerks in the Depaitments - at --
Washington. A . gentleman who had been a clerk
in the Ist Auditors'.offiet for twenty years past, was
removed on Saturday.
° Al:!TThe Newllkirk Star hints that, Athos
will yet be President of the United States If Amos
ever reaches the Presidential-chair it will be quite a
1 I .eireunsstance," and he motild`'probably ierily the,.
Loa adage of". lan, beggar:onhOrseback and-hell ride
to the d—tl.".
. MARRIED„
• In tlifs borough, on Thursday evening , last, by the
I
Rev. Henry Aurand, Mr. Wkwassiluonskto, Miss
REttacca Mum, cl4est ,daughtee - of Mr ; John Mell ;
--
all of Carlisle. . ' , ' , ' ' , . •
On - the sartie eretting,ly_theAstinc; -Mr,Tsviia •
- Mzumaito - Mill JANt COREMAlri'Oanghter of John
Cornman; Esq.. all of Carlisle. •.; • ••• , - ' •
On the -Ist instant by - the Rev. jaw Ultieh, Mr. '
IRENafil - rustr,• of Sehuylkilllfiss Sr
, ass Kocu; of Perrynoutity. , ' ' - ~.. ., •• • - - . ,
A Lj. `;•etitta tadehoef) eetrWthe Hooka of
111. •dateattit ..!IN , Osak ip t:AwKnlteateci ,So call and
er:ttlelbe ame ,on.,w the 15th or May, wail
that theethb h ias
ooltay art ofikle of the
aeblariber, Rorth flanotet , atreet,. ?wealth tho'
atom oCheoltAtotiC ' •
.',.WW.4IA3Cht;:mitTER,
fat tut
r :r
,G 3 JERIESIVROCKEIBM
On% Thtlgew Orleans ; went Indicts end
Huger-Inman
.molawS torther *th other artielei
in the • merry - , finej JMIC - :riOnived by ARNOLD l
CO. at ibeif.ktir*orela Mecbarkthurp: . •