II Ell A ike..„Cticti* - ilt add, VOL. 72. NO. 1 PENNSYLV,iNIA LEGISLATURE • HOUSE OF REPRESENTATIVES. TUESDAY, Jan: 2, 1872. This being I & day appointed by the Constitution for the meeting of the General,Assembly, and a sufficient-num looter gentlemen being present to form a quorum, the House was called to order at 13 m. y the Chief Clerk, General Selfridge. "11 . Prayer was offered. by Rev. George Pierce, of Harrisburg. INTRODUCTION OF TIM SICCRIITaUtIt TlM,Booretary of tho CommonNiealth being introduced, - presented' the returns of tho last elootion. "Mr. M'Junkin moved that the_rotinne be opened'and read. Agreed to. The returns no) opened, and the fol loyring gontlemen appeared to bo elootod Philadelphia—First distriet,"G. Handy 'Smith; Second, Geo. WGowan ; Third, Samuel.-Josephs+ Fourth, Wm. Elliott ; Fifth; C. H. Dougherty ; 'Sixth, Charles A. Porter ; Seventli,"Howard - J. Potts ; Eighth, :Srimuel Daniels ; Ninth, Wm. H..Vodges Tenth,. Samuel D. Dailey; W. Fox ; Thirteenth, Samuel D. &rock ; Fourteenth, John Lemon; Fifteenth, Adam Albright; Sixteenth, A.(D. Lev ering ; Seventeenth, G. H. Griffiths ; Eighteenth, James N. Marks. • Adami—lsane liereter. • Allegheny—James Taylor, Matthew Edwards, D. N. White, H. K. Sample, J. W. Ballantine and John Gilfillan. Armstrong—P. K. Bowman: Beaver, Butler and Washington—G W. Flooger, Jos. B. Lusk, D. M. Loath ertnan and W. A. Mickey. Bedforloand Fulton Vacancy by death. Berke—A. T. C. 'Keifer, HA J. Swartz and John A. Conrad. ~ Blair.B. L. Hewitt. Bradford—P.. H. Buck and B. S. Dartt. Bucks—S. C. Purnell and Samuo Darrah. Cambria—Samuel Henry. Campion, Elk and Jefferaon—Alonzo 1. Wilcox Carbon and Monroc—Riohard B. Sga Centro—P. Gray Meek. Cheator—Joseph C. Keoch and Lev Clarion aml Fores€—J. .11":1,avvson. Cloarfield—John Lambe. Clinton, Lycoming and Sullivan—A. C. Noyos and Samuel Wilson. Columbia—C. B. Brockway. Crawford—J. U. Gray and W. B. Glea - son. Cutberland—J. Bomberger. Danehin and Perry—Andrew K. Black, I. S. Schminkoy and Joseph Shuler. — 4 _ Delaware—T. V. Cooper. Erie—GeVrge W. Starr and Chauncey P. Rog Ors. Fayette—S. H. Smith. Franklin—T. M. Mahon.. Greene—R. A. Ill'eonnell. Huntingdon—F. H. Lcoo. Indiana—Thos. M',Mull in. Juniata and Mifflin—Dim. V.'Mitcholi Lancaster—'Jacob C._ Oatchell, D. K Burkholder and C. L. nu isicker. Lawrence-LA. P. Mom.). Lebanon— %Mhony S. Sly. Lohigir=-Adam Woole• or and Herman M. kr*tor. Ipzerne—Richard Wil lams, Patrick Dalacy, P. Quigley D. B. Eoons. Mercer—Nathan Morfact lifontgotnery—Jno.S..o-. Harvey, Oli ver G. Morris. Nortliampton—Samuel G. Labarce E. Poisert. " - Northumberland and Montour—J. D Newbaker, Dennis Bright. Piko and Wayno , —J." Howard Beach. Potter and M'Kean—picius Rogers. Schuylkill—Wallace., Doss, Chan. F King, W. H. Uhler. Snyder and Union—W. G. Harrold. Somerset—W. 11. Salmon Susquehanna and Wyoming—E. B Boardslee, Martin Brunges. - Tioga—John I. Mitchell. Vonango—J. D.„M'Junkin. Westmoreland—John Latta, A. Green await, York—r. J. ?viageo, Lemuel Ross DIII , RICATE RETURNS The county of Warren being called, the clerk stated there were two certifi cates, one certifying-the election of Luther Green and the other that of Wm. H. Short. Mr. Hewitt arose td make a motion, but the clerk said nothiu„; was in order but reading the return'A. The certifi cates were laid aside. .„.. After the clerk had road all the re turns except those from the county of Warren he remarked that he would nal read the papers pre ; sonted from Warred county. . The. first return certifies that Luther • Green had received 1,893 votes and that Wm.ll.Short had received 1,878 votes. --The other certificate recites -that-Wai— n. Short had received a majority of the votes ; that the return judges had tram the votes from the tally papers- which, upon re-expnination, had been errone ous, and they, therefore, had given an:. other certificate, and state that Wm. H. Short had really ° received. nineteen hun .dred and .three votes and that Luther Green had, received eighteen hundred and ninety-three, and, therefore, declare Wm. Fl. Short the legally elected Rep. resentative. TUE ROLL GALLED The Clerk then called the roll of members in order to ascertain whether a quorum bo present. • All the members answered to their names, with the. exception of J. W. Dickerson, from Bedford county, who had died since the election. Mr. Hewitt moved that the returns Dom Warren county be laid aside until an organization of the House bo had, which was agreed to. • " .ELECTION son ernAichn, Mr.l3oardsloo moved that the House now proceed to the election of Bpoaker and that, the Clerlt act as teller,: which was 'agreed to.:`'"'' ECEI3222EM Mr. „TosOphs nominated Adani Woo over for epoakor. • Mr. Albright nominated Wm. Elliot for ipoaker. BALLOT - .FORBPEAKEU Tho Clerk thou called the roll, with U.% .110 ing_fesult : • I. For William Elliott, Messrs. Albright, '3allantino, Beardslee, Black, Bomber ger, Bowman, Briglit,, Brunges„ Buck, Burkholder,. Cooper,. Daniels, Dartt, Edwards, Ely, Floegor, Folcc :Gateholl, Giffillan, Gleason, Gray, Griffiths, Guss, 'llMacook, Henry, Horrold . .:lfewiet, Han sucker, • Keeoh,' Lamon, Lane, Lother man, 'Lovering, M'Junkin, M'Mullin, Mahon, Marks, Miukey, Mill4r, Mitchell (Vega), Moore, Morford, Porter, Potts, Prizer, Purse% Rogers (Erie), --Rogers. (M'Kean), Sample, Banner, Sohminkey, Shulor, Smith (Philadelphia), Starr, Strook, Taylor, Vogdes, White; Wilcox, (Wi. Blame and Woolover. For Adam Woolever, Metisre, Beech, Brockway, Conrad, Dailey,''?. Darr4. Macy - , Dougherty, Elliott, Fetter; Greenawalt, Harvey; Hereter, Joseph's,. Keffor, Ring, Koons; Leber, Latta, Lalw she, Lawson, Lusk, M'Connell, W- GoWan, Magee, Meek, Mitchell (Mi3lin), Morris, oNeivbaker, Noyes, Poisert, Quigley, Ross, Schwartz, Smith, (Fay-, ette); Staples, Uhler and Wilson. Tim - clerks reeorted, that they agreed in their and , Abet William Elliott received 01 votes and Adam Woolever received 31 yottis ; abd that William El liott was duly elected SpealtOi of the House of Representatives.. Messrs. liVoolovet and ;Whito cop ducted the Sieakor'eloct to tip?, ahstip " ADDREM OF THE SPEAKER The Speaker, on assuming the chair, addressed the House as follows : Gentlemeh of the How of Repreaen -1 tativos : 7 -1. thank you; cordially and heartily, for the honor which an election. to this place, confers, and I feel especially, gratified to know that `this mark of your confidence has been given freely -and-unaccompanied:by T tsy--of 7 those-un pleasant struggles.foiplace, which fOrne bad blood and angry feeling behind them. • We enter upon the now year and upon our arduous duties under the prevalence of a kindly spirit toward each 'other, which I trust will.grow with the session and temper its unavoidable asperities. I shall earnestly try to disahargerny duties foitliftilly apd ietisfacterily, and: I trust that when we are through with our work wo.may be able to return to our constituents satisfied with ; having deserved their confidence, and With hav ing maintained nob only our regard for each other but our own self respect. Will the House please designate some gentleman to administer the oath to the Speaker_ elect.' OATII ADMINISTERED The House designated Mr. Woolever as the gentleman to administer the oath to the Speaker, and he administered, the MEM The Speaker, then requested thq mem bers elect to come forward and obligate themselves in accordance with the law and Conititution, with which they coin plied. NOMINATION FOR CLERICS Mr. White moved that the House pro ceed to the election of chief clerk, as sistant clerk and resident clerk, which was agreed to. Mr. Pledger then nominated James L. 'selfridge for chief clerk, Captain Hugh Morrison, from Butler, as assistant clerk, and John A. Smull for resident clerk. Mr. M'Gowan nominated T. Sprolo Loisenring for chief clerk, R. 11. Phelan assistant clerk, and T. Alexander resident cldrk. lIALLOTINO FOR CLERKS A ballot was then had for chief clerk, aiisistrt and resident clerks, and the Regdblica❑ nominees were duly elected by a vote of GI to H. llfr. Sinnll received 79 votes for resident clerk. Messrs. Selfridge, Morrison and Sniul were then sworn. ELECTION OF OTIIER OPPICEIIS Mr. Fleeger moved that the following g ntlemen be elected for the several re s ecti'vo offices, viz :. ' For Messenger—C. W. Ray, Mercer county, Firiit Assistant Messenger—John T. Toy, Chester county. Second Assistant Messenger—Joseph I,l' Donald, Philadelphia. Third Assistant Messenger—Joseph E. Zuelor, Venango county. Doorkeeper of Rotunda—M. Dague, Washington county. Superintendent Folding Department —David Martin, Philadelphia. Assistant—lsaac Marsh, Bradfort county. • • Pasteis and folders—orris String field, Philadelphia; J. Craig, do. Philip Schaeffer, do. ; P. 11. Jones, Allegheny county ; J. F. Stephens, Crawford coun ty; Charles Pickering, Blacks county; henry Tiaylitond, Lancaster county ; A. Jacksoutowers, do. ; Anthony 31151unn, Delaware county ; A. IT. Baker, Indiana county. For Transcribing Clerks—lsaac More head, Erie ; R. V. Thompson)-Law ranee county ; A. R. M'Carthey, Hunt ingdon county ; Richard Williams, jr., Luzerna county ; Sannor, Somer set county ; A.. Stone, Tioga cßunty. P.ostivaster—William ' Coates, Alle gheny county. Assistant Postmaster—A. J. Monks, Jefferson county. Sergeant-at-Arms—John Shemor, Philadelphia. Assistant Sergoant-at=Arms—Roborl H. Newton, Philadelphia, John Hum 'fillies, Philadelphia ; Russell H. Griffin, Blair! county ; MYron M. Mutt, Bus quebanna county. ThOofkeePer—ClnletiapTllnak - Alle' ghony county. . Assistants—Samuel Kephart, Phila delphia ; Ed. Milligan, Allegheny county and James Tate, Philadelphia. Mr. Meek moved to strike out the names'proposed in the resolution just offered, and to insert the following, ♦iz : Transcribing Clerks—Frank Keatly, Jacob G. Leber, John Maranon, John Todd, James Gilleland. - - Sergoant-at-Arniw—Frank P. Hag gerty. Assistant Bergoant-at-Arms—John Q. Miles, Wasbington . .B. J. Gillespie, L. H. "Davis. -Postmaster—M. T. Howell. Assistaut—John Brett.. DoorkeepOiL:George Shoemaker Assistant—A. D. Seoly. Suporinteindont Folding Pepartment John Tlaukoy. Assistant—John Grooey. -;'.,The yeas and nays wore. required• of the amendment, and the same was din agreed to by nays, 61 ; yeasy-87 ; a style , party vote, Tho original resolution" was thro agreed to, and the officers elected . Wel. sworn. Mr. ArJunitin offered a resolutiou di rooting 'the..Speriker to request home clergyman of the city of Ilarrislnyg to Oven thcllouso with prayer. Agreed to. =! Mr. White offered the following retie lution, which was unanimously adopted licsolima: - That in parting...with E. (1, Lee,''es4., who has so faithfully and caurteouslfdisoltarged the duties of Ar, eistnnt Clerk for a uumber of years, this flouso takes: this, opportunity of e: , ;: t1 pressing confidence in him, its re spect for him,,.and'itilest , Wl9lloB.for his future welfare.• Mr•sJlt'Junkin Offered tam following : • Resoived,. That the credentials and, papers from the, cortifying oOlcors of the lippreseritutiVo diStrfet. And — Bounty board'of _return judges presented to the House of Represe:utatives, in behalf of the rival claimants-.to a' seat for the 'oeUiaty.of ,Warren; be referred to],a spe dal plum:Ate° 0f..8v0 Inembers:',of the House of liePresentatives,.:with:ihstrue time. to resort; within she ilaYS` from this time, as to which, of the claimants has! the prima Aide right to stich.seat,,, such report to reserve to the other party the right and privilege of contesting the . seat upon -its meritsiaccording to law, on the presentation of the . proper ten; days frOrn the . date of such report. Agreed. to. Messrs.: M'Junicie, Josephs and M'Connell were nppOinted, the committee. . Mr. White offered, a ,, ,r9Solution in structing the Speaker to. appoint a Com mittee on Apportionment aba also on Constitution.._ ..:Jform, which was agreed to. On motion _ of Mr. Josephs„ .1 o'clock was fixecr.as the regular hour I'4' the meeting of the House. - ' • On motion of Mr. Hewitt the:House then adjourned... SENATE. TIIEEthAY; Jane, 1871. At three o'clock t‘lici Spacer Mr. ,Bripdhead i —calletl—the—Senate—to—order: and announced that this being _the day appointed for the meeting of the Senate, the Senate would now come to order. Prayer was then offered by the Chap lain, Rev. Mr. Keeling,.. SECRETARY OF TIIE COMMONWEALTH The Secretary of the Commonwealth was then introduced, and , presented the rettirnslif , the late elections. ,;,,j,his .. _,Speaker directed the Clerk to open . ' . and read the returns of - the late elections The Clerk thint'read the returns,-and announced that • E. 11'. Davis was duly olected from the Second district. Mr. Connell (now deceased) was au nounced as having been elected as See -ator-for-the -Fourth-district. Mr. Allen presented at this stage of proceeding the certificate announcing the death of Senator Connell. . The Speaker ruled that the same could riot be received at this time. Francis D. Collins was declared to bo elected from the Thirteenth diStrict. L. F. Fitch was declared•eleeted frotri the Fourteenth district. Butler 8.-Btrang Wile declared elected from the Sixteenth district. Wm. k. Wallace was declared elected from the Eighteenth district. ' James M. Weal:ley was declared duly elected from the Nineteenth district. Wm. M'Sherry was declared to be duly elected-from the Titusville district. Jas. L. Graham and Miles S. Hum phreys were declared to be - duly elected from the Twenty-third district. Harry White was declared to be olecte from the Tvr,onty-fourth' district. The Speaker announced that satisfac tory evidence had been received by him of the death of George Connell. lle had issued the proper writ. for a now elec tion. I f ite roll of Senators was then called and the following gentlemen were pros- oTII viz Messrs. Albright, Allen, Anderson, Billingfelt, Brodke, Buckalow, Collins. Crawford, Davis (forks), Davis (Phila dolphin.), Dechert, Dolamater, Dill, Evans, Findlay, Fitch, Graham, 'Hum phreys, M'Sherry, Mumma Nagle, Petriken, Furman, Randall, Ru tan, Strang, Witllaco, Warfel, WeaklOy White and Brodhead, Speaer. Mi.. Nagle then moved that tho Sen. Me do now adjourn to meet to-morrow morning at eleven o'clock—which was agreed to. [Coin an uolented.] THE ELIIALL PDX AN]) THE HUMMERS. A startling fact has come to our atten tion, and it is nothing less than that the titian pox is being spread through our county by the worthless, and wandering. vagabonds called bummers. A. case of small pox occurred in CentreVilie, and three cases are now under treatment near Mechanicsburg, and in every in stance the disease has been taken from this class of creatures visiting the houses to beg We have these facts from the at tending physicians, directly. Now, what is the cause of this? The simple truth is, that these vagrants aro encouraged to come to our county for the benefit of a few office holders. For years our jail has been made A num, for them, and our. Sheriffs are making fortunes, and our justices of the peace and constables a fat living off them. This must all be. encouraged for party and political purposes, and so that par-. Scalar famritesof a party may receive an ample reward for their services. There is, and has been for years, a regu lar system of committing these vagrants to jail in the evening, and discharging' them in the morning. They got a little soup in the evening and in the morning, and for this the county is charged .two days' hoarding and ;lodging, for the committment and discharge. The jus tices are paid also for committing them, and the constables aro paid for arresting them. TheAe same vagrants go out in the morning and backethe same even ing, and the process re repeated with - this;a and -twenties - and — hundreds,- and' the county pays for this, from fifteen to, twenty-five thousand dollars a year. An effort -was Made some years ago, to put a step to this thing, by getting an Act of Assembly passed requiring the jailor to put these vagrants to work at break ing stone in the hack yard of the jail. Ilammers were prepared, and stone hauled, but the vagrants immediately deserted the county when they found they.had to work. This took the profits away -Irom the jailors, constables and justices, and the Act of Assembly there fore ceased to .be --:operative, and be came it dead letter. Insteard 'of being carried out, the price of boarding was increased, and from $5O to $lOO added Co the jailor's salary every year. Some might be disposed to call this a swind ling operation on the people. But it is not this I complain) of. Tho people ought to be swindled. I I am only sorry it is not ton times worse, for it is their own fault. These corruptions have been laid befoie them, time ,and again, but .they care nothing for them, so that their party favorites can be rewarded; I hope, therefore, that. instead of the Sheriff's clearing from ilfteeirto twenty thousand dollars-a term, they may clear fifty thou sand, and that every justice of the pews and constable may grow—rich. The people, love to be swindled, .and the more that kind of thing is done the bet. tor.. Get the Legislature still further to increase the foes, and the courts to add to their salaries ;- it ought to, be done. • -But when disease and death in the most loathsome form is carried to every household, so that vagrancy may be en couraged, and a few office-holders Made rich, it becomes amore serious question. We do not wish to see, the thing carried quite that fur, if it can be prevented with out interfering with theprofits of our politicians. If any plan can : t he deiised by which our families can 'be ahlelded from being brought in ' contact with the offscouringii — pf. Buropoi — covered with filth, .vermine, and reeking witk,. dis ease—if .anything can be 'suggested by which the lives. of our - citizens' can be ,saved, without interfering , with the protlts 'of our office-holders, 'it ought, 'perhaps,, to be done.' Of course Ido not mean that this sheuld he done if it in. terferos with them. If no plan 01111 be devised without thlOt is certainly bet tor to let our 'people die, so that bur township politicians shall have,their due ,reward. 'AND.iA.teP~ is 4I7ivATIO e Publish this Week,,on our nisi ;Page, elm:tura of Wendell 1:1ti1144,' On La ,wyord andlmnatia Asylunis; to - Which . beg to pall the attention: of ,our iPadors. lifir - Phillips is a.iferi talented , Mitn,, and although we differ from himin -seine things, ,his noble love of fippdom, his courage in the advodioy of the right; and his Oultivatedtntelleet eemluand'our respedt. This : : ::leottire has been ex:tensively published in the loading papers of, both parties, in all section's of -the country, • and the , reason for it, is because the privliges of the - bar, and the philati: thropy of the Asylum,' baVe both been abused ; and if anybody'doubts this, let him oliher read this lecture. Thine is' a fact patent to anybody outer side of the learned professionii, which don't appear clear. to. thee in thetn, which is; that all three of them aro behind the' ago, having' tailed to keep ,pace Witinthe world's progress. It is *evident to any obserVing, man, -that the distance between counsel • and client, physician ancl - patient, pastor and people,. is . immensely lessened within thelist twenty or thirty .years, and whilst the client, patient 'and people, have been .atherint knowledge_anff_elinabing_up.i. the lawyer, doctor and preachers, are not a whit ahead of What they were thirty years ago, but availing themsolves.of the prestige Of. the past, the one assumek£9 brow beat a witness as intelligent did equally .concientious with himeelf ; the other to look wise, and talk learned about diseases, and administer drugs in quantities to kill an elephant, as • one school would assert ; or so small as not to affect a*, according to the other, and where the existence of poison is to . be • traced, peripatetic praassors of cbeniistry • from the leading Medical Schools of the State are called on to con tradict eacli other in the most scientific manner, and the outside world is left in douht„"whetlfer poison has been adminis, -whether — it — has — failed — to'W scientifically traced, or whether doctors have not only disagreed, but failed to get at the truth on the witness stand. As for the clergy, where are the;,±Erskines, and Alexandem, and Edwrirds's and Whitfield's of the past? We have clerical Mountebanks, in largo cities, that draw great crowds and receive applause in genuine political' meeting style, others that are successful as Western land speculators; and firm fixed on the ground floor in the oji_bus - tfiCss. -Men you could not distinguish from a Yankee insurance agent, e clock peddler, if you engaged in conversation with them in the care. These you have, and plenty more like them ; but where is that noble and commanding, form, that dignity of character and true Christian demeanor so marked in the face, Manner and con versation of the minister of the past, that thelneauest and the word of man= kind would reverence it, wherever met. This is-gone. The truth is, that our observation& of the manner of conducting business in court has convinced us of three things First, that in Many cases the lawyers don't want the truth told ; second, that the doctors, when they take sides, as they nearly always do, loose sight of the truth ; and third, that the preachers, from an over anxiety to appear couscien tious, don't tell the truth, We would like to go more at large into the question of the administration of justice; say. a ivord about " the lap's delay," add something on "the insolence of office," but these are so well handled by Mr. Phillips; that we refer our readers con fidingly to him, and wo do hope all the now'pledged judicial characters, of this and other States, will attentively read this lecture, so that the manner,of the• Bench may not fail to be improved by it,_ and that speed may be added to the wings of justice. Wo conclude this article with the following extract, from a letter of Thomas Jefferson, to show how long the diSpiosition to kill time,;-has been" a characteristic of the legal profession; and how little,- long speeches have evof been regarqed by the truly great. - , i' I served with General Washington, in thottegts lature of Virginia, before the Revolution,- alid during it, with Dr. Franklin, in Congress. I never heard either Of thorn speak , ten minutes at a time, nor to any but the main point, which was to decide the question. They laid their shoulders to the great points, knowing that the little ones would follow of themselves. If the p' .sent Congress errs in to much talking, ow can it be otherwise, in a body to Lich the people send ono hun dred and fifty lawyers, whose trade it is to question' everything, yield' nothing, and talk by the hour? That one hun dred and fifty laivyers should do business together is not to be expected."—See Randall'a Life of Jefferson, Vol. 1, pogt 401. , THE ALABAMA CLAIMS. The "case" of the United 'States against Groat "Britain hm, been pre sented to the Geneva CommiS 4 Sion. The statetuont of the case on the pact) of the United States .makes .a volume of SDO printed pages, which for con-Voni once has been translated into French., Accompanying this are the documents official correspondence, and other evi dence on the Part of the United States making . alone' seven printed volumes„-, and the right is reserved to file such additional papers as may be considered• important. , The demand of the United States is for payment of claims of the ()lasses following 1. Tho claims for direct losses from the destruction of vessels and their cargoes by the insurgent cruisers. , 2. The national oxpondituro in the pursuit of these cruisers. 3: Loss in the - trAnsfor of the American commercial marine to tho British flag. 4. The increased rates paid for' in surancO'oll, American vessels. ' Tho l prolongation of the war and tho increased . ..dont to the United States in the suppression of the rebellion. 6. Interest from July, 1803, to the dato of the award. The following le -a summary of the, amounts claimed for damages oapsod hy each crosier. By tho Alabama By the Boston ... By the Chtehamauga By tho Florida. By the Georgia By the Nashville. By the,RetribUtion By the Sallie, By the Shenandoah By the Sumter ' By the Tallahaseo Total. . $17,000,633.46 For louses from incraaspd war premiums..:, To these-sums' must be 'added interest and the various , demands . for .cOhse• quential damages, The next thing in order will be the filing of.the case on the Britlah.side which will be as volUminoue as that on our. part; the ..whole being equal to 10,000 Mies of printed matte4rs thus giving the Commissioner a reason able shire of reading matter 'for the year, Ousnonvan ZUNS. Wo are. requested to'publislic the fol lowing; opinion of ,liidge Junitin, as, it inyolvell an irApOrtant point of - Faction, and oviirruiOd..tOile'of court, which was practiond',under.for severoi..years.". The coso,was. argded"at' tio:_adJotirgurf court, by 4.'13,, ,Sharpe, eaq.; for the , motion, and biJaines Grahara,„jr., and Hon. H. Graham', against it.; TheoPirdon • • .• is no•follc_Luii : ' - • • W I rra.i.karCommon Eau • In Pleas • • lre. % : . of Cumberland .Co. I B. , arnuarr, an. No.Bo, Nov. T. 1871. This io a motion to set aside ajudgz went enter' edby plaintiff against defend lint for want of 'an- affidavit of defense, under the. Glst rule of Court, Ninth. Judicial District. The facts Ore On Mtn October, 1871, plaintiff issued a summons:against defendant to appear on thirteenth day of. November, 1871, that being :the' first return day of No vember term of this court. To this, de- fendant on the sixth of October, 1871, appeared and waived sOriico of tho writ, and on , the eighth of November, 1871, plaintiff filed a statement, giving a copy of the note on which suit is, brought; with usual certificate. Defendant filed no. affidavit of defense by the first day of the term, as required by the olst rule of court, mid on the fourteenth of No- yern,luSr,' :71, - being the - third day of the term, plaintiff's attorney secundumrreg ulum entered judgment Tor $1,037.33. The tilst. , Rule of Court is ns - follo s .. "if theNi f efendant in any ease of sum "-mons. in actions ift-contractu, shall " not appear at the return day thereof, "and the writ shall have beeeherved "ton days before, the plaintiff having "his staWneut or declaration Mod; may "Ifai3O - Mgiiient entered. by the Pro " thonotary. Mut, if the writ shall not "have been Served ten days before the "court, after the lapse of ten days froin " the time Of service, the plaintiff may, "id likncanner, direct judgment to be 'entered in pnrsuanoe of the 34th sec ' "lion of the ha of thirteenth Of June, - " - 1830 Prosidetcleotsever, that 210 such "appearance will prevent judgment ttn "less it be accompanied by an affidavit. "settingth the nature of the defame, "as provided by rule 68." Rule 08 is as .follows :—" On calling " over. - tiro - docket, nnd- entering judg " monts at the second term, no plea or !'connter statement shall be received "unless it be verified by the affidavit of "the defendant, his agent or his atter " ney, .and the affidavit must contain "such a' specification of facts anti cir cumstances, which, if true, constitute "a good defense in law, or equity to "the whole or a part of the plaintiff's "cause of action ; and in default of such "affidavit, the court will eater a judg ment for the whole, or such parbof "the plaintiff's claim, as to which a "sufficient defense may not have been "made.'!-; That rule 08 wasznade to meat the provisions of the fifth Section of act of tiVenty-first. of March, 1800. PurMon's Digest, pages 805 and 810, commonly called the statement law, and whirl} was enacted to enable parties to bring and try their own cases ; and the rule is in perfect harmony with the said act; be cause the fifth Section provides that the defendant shall not Only "appear" at the second term, (next succeeding term,) but he shall also "make defence" at same time, so tha4, it was 'competent for the courts to provide by rule how he shall make defense, to wit t by an al& iiavit of dbfonse specifically setting forth 4. , fluNfacts nd circumstances constituting his defoe lkiit there- was no ` power in a court to dell Tor this defense any sooner than the third day of the second term, or where the term consisted ,of two weeks—the scoond Monday, and in Wingert vs. Comiell 4 S. and R. 237, the Stipreme Court reversed a judgment by ?default, entered under the fifth - Section of said act, prior to the time allowed by the act, for defendant's appearance. And although,defendant appeared before the second term, still he has until the third day - of second - term to - make his MN. tense, so that under the act of thirteenth March, 1800, this judgment having bean taken before the-third day of the second term, and before defendant was bound to make defense, cannot be -sus tained. - - But it is argued that this judgment may ho sustained nude); the thirty-third Section of the act of thirteenth June, 1830. Purden's Digest, gu, page 32, which declares L " Jf the defendant in. any writ of summons as aforesaid, shall not appear at the return day thereof, &c:, it shall be lawful for the plaintiff, having filed' his '(Yelaralions, to take judgment thereon for default of appear ance according to the rules established by - the court to regulate tiff). practice in this respect.", This • act use's the Acres declaration (which is a term of art) i nits legal signifl canoe, as defined for centuries, and thorn is not oven the semblance of likeness be tween a declaration . and i n statement. They aro not the. equivalent of each other.-- A deCittrittiO/i is a specification in . a methodical amL i legal form of the circumstances which constitute the plaintiff's cause of action. A statement is an irregular, inartistical, formless, re cital of facts sufficient to disclose a cause 'of action in tho plaintiff, supposed to be drawn up by the plaintiff himself without . legal assistance, and to be Met; by a contitenstatethent equally informal; ; and is supposed to be the work of the defendant himself. We cannot suppose that the Legislature intended, by the act of lath June, 1836, to repeal any part of the statement act of . 1806 ; and tlurtwo acts neither clash nor conflict in landage, purpose, or intent, so,that both may stand and,each accomplish its own purpose and special work. It fol lows from this. that Where a plaintiff files a statement he , has elected,. to proceed under the act of 1806, and can move no faster ,than the act permits ; and if thereby ho finds himself in a slow' Coach, the answer is that he has chosen his own conveyance. wo are correct in these the word "statement" should ho stricken from 51st Rule of Court, as it is calcir: latod to mislead ; for no Court has power to establish a,.rulo whi:4 contra venes an net of Assembly. These rules must harmonize with, and not antago nize the laws of the State. This 51fit Rule encountered a severe shock . in the case of Hickernell vs. First National Bank of Carlisle, 19 Smith 140, barely escaping annihilation, and only saved, from want of time in k the Supremo Court to complete the rout. $5,547,6N.86 400.00 95,654.85 3,698,609.34 883,970.50 69,586.70 20,334.50 5,540.00 6,488,320.31. 10,605.83 570,055.55 1,15,0,795.15 And now, to brit : 23d Doconibor, 5871, tho jUdgment entered in this else 'against defendant, for want I . of an affidavit of defense, , Is . hereby st taken off and set aside, and shall be of no effect, and the plaintiff allowed to .proceed under the statement act of 21st March, 1800. $l9, 051, 458. 01 or:rNroN or bvURT.,/ By the Omit': . per 13. F. .Ttrraurr, Presiditit.T4ge. Corraspondoilee'tit TII6 WOODdOTE; Decertil . mr_27, 1671 of V:lit letter, without intelligibln., signature, which ap 'peered on.' the second psge.of yOnOttst is etto,:as rust opo of altind to be passed with out rintico'f --• As you have seen Ilt.to 'make no'oomment upon it, pray allow tbitt privi: lege to ono of your readers. The letter, on its face, seems to have, been'a private mis sive to a personal friend, not intended'for publication, but more eloiely inspected it bears evidence that.the writer.wits not'unr Willing to have it laid before the public, tie that ns it may, I differ from him in the : view which.he takeeltethif the past and the present, the town from Which we both .originally bail, aiid frop which we seem both now to be permithent absentees: dt is possible that - the . disagreement be tween us may arise from the fact, that we look at our object from different points of view, or that we site it through (Enron& media, but certain — it is we reach, or 'at. least seem to reach,"entirely opposito'con elusions. He never re-visits the old town ; I pass through if often, and every few years .make it a point, to terry over night. He knows the place only as it used to be; I have kept myself posted in its history ever since I left. So much for generals ; now for particu lars': This Mr. Anonymous bewails the " changes" which the town - lit - I - sip ergone. I mourn because the - town has undergone no essential change whatever. He utters jeremiads over her " improvements i" I Shed tears—metaphorically—because she so obstinately resists imprevernonts. But. his friend who has just been there, tells him that " vacant lots have been built upon and the streets extended." Well, what of it ? A people_who beget children must have 'houses to put.them in. The Most stagnant It places will grow somewhat from mere natural causes. Inertia, the most absolute, cannot entirely resist the force of accretion. But " nely school . houses have been erected." Well, What if they have?' Did this worshipper of the past suppose the old ones would last forever? Was ho expect ing-to:hear-that-tlre—children of Carlislii were still . going to Wilson, Smith and Wales, and, perchance, a few as in ancient times, to doughty old Daugherty These, were all good men in their day, but with Job we ask : "Is there not an aPpointed time to man on 'earth ?" __ The best of schoolmasters is not immortal. Daugher ty and " Dilworth" must come to an end some time. The good Mr. Smith lived out his three score and teh, and the excellent Mr. Wilson did - not " peg out" fill he_had taught and flogged a large number of Car lisle's brightest children. Was this fogy under the illusion that Breckenridge's alley was still the favored spot for popular learn ing. and the old College still the seal of the higher branches. lint, says the jubilant friend, quoted by this writer, " Cumberland county takes the lead." The lead of what or of whom? Of Perry, forsooth, and Adams, and Frank lin, and York, and perhaps, of one or two other adjacent counties 1 amazin g pro- gress 1 Extraordinary_enterprise-! _Mother Cumberland in advance of bar own child ren 1 and even ahead of one or two of her less-favoredsisters! What occasion for joy and pride I Mr. Editor, the thing that makes this man boast, makes me blush. Not that I would disparage my native county, or pluck a single leaf from her laurels ; but I am too familiar with her past greatness, and proud history; to rejoice in the petty triumphs here recited. 'When I think of the men who founded her, and recall their character ; the men who laid out her capi tal, built her churches, established her , college; and sent to Europe for the ablest teachers that cotild,he got, thils I nyi ng broad and deep, the foundations of future emi nence, and preparing to be foremost in the whole Commonwealth, ...it gars me greet," to find that the best boast of her degenerate children is that she .. takes the lead" in her Congressional district. But in these schools, this writer's friend informs him, the "colored mind is duly provided for." What does that mean? that the little blacks aro taught the three It's !go a suffloientextent. to enable them to count their wages and write their names to a receipt? Or does it mean that they enjoy all the facilities and advantages, of printery school and high school that are adeorded to children of a whiter skin 7 .If the former, they are in • the same condition—no better, no worse— ns the blacks in the country Mans of neer4 -all the old slave States; if the letter, they are Ito better off than the blacks of all the respectable towns of absolutely the old free States. Still I would not be un derstood 38 carping. Though I du not think that either the white or the colored mind of Cumberland is duly provided for. I am greatly pleased with the progress which the county is molting in this three `lion. I humor the efforts which leading men in the old borough are putting forth to promote popular ethics lot' and foster the higher branches of learning: The course of-these men is creditable in the highest de. greo. I would not be invidious, but one of them I regard its entitled to an especial owed of praise. 'A man RS wealth and highs - octal position, independent of his - profession, front which he has long since retired, and tii - devOterliithnelfl6 that easy indulgences which have'sofrequently and so fatally been the besotnient of his , townsmen—he devotes himself entirely to the publie . good, and the best interests of the town and county, which claim him as a citizen.. 'A man of learning, himself, and the eon of a man of learning, he seeks to bestow the blessings of useful knowl edge upon all who come withinghe pur view of his-influence. All honor to the worthy son of one of Carlisle's moat upright judges! . But the "colored vote of Cueberland reached 700." Well, wint i t of it'? The Colored vote of Charleston, reached 7,0001 What does either fact prove ? Thnt the citizens of Cumberland an` Charleston were actuated by such ju'it'anlf Humane' sentiments toward the proscribed class, that ..they, of their own _accord, invested them with all their*politidal rights'? Not by any' means. If the great majority of citizens in either Cumberland county, or Charleston, South Carolina, had had their way in this matter gho "'colored vote" would have been a thing unheard of till the crack of doom. What.'" deprecate, Mr. Editor, in the hotter which I • am criticising is the tone of flattery and grounpess cougratula tiou which seems to pervade it. I don't question this man's fondness for his native town, nor'de I choose to assert my o'ver, affection for my native county, wake no professions; but I cannot consent , flatter a self-love. already inorliinitte. ,What . affection I have, be the same morO or lees, I prefer,to shovi iu : a different way. 4 , Faithflil ,isre. the viounds of vit friend." "Let the righteous smite we, it shall be an eacellent.oll.? liespeotVully Youre; Lownn bitrrLEmzsi DIICLINED.—The IZOV. W; E. Parsons; of.he Capitol Thu Washington, D. C.,. has declined the call tendered him by the First Engliett'Lutheran church of this place. SPECT AT,?:l4tdiCk.. A BODT.ANEi TriMD,DISEAB,E - Such to dyspepsia. ;The stiomich and the, brain 'arcitootntimatali alltid,for the one to suitor, with" ant the, other, lie that dyirpopsia ,And deePoodeney. are inseparable.. It mos be added, too, 'that hilts. VOA of the stomach is almost invarsably accom panied by:irritation of the temper.. 'The invigorating and tranquilizing 'O'soistrion of Ifortettore's /litters is most powerfully developed In meeker indigestion The first effect of this agree: -able tondo Is emit-Outing and encouraging.. A mild glow pervades the eyetem, the chronic uneasiness In the region of the stomach Is lessened, and the nary ens restleasness which characterizes the disease Is abated. This Improvement is net transient. It is not auceeeded by the return -of , the old 'eyinptome with super-added force, no irraiways the case with nnmedlcated a timulants are given for the, com plaint. Each dose 'seems to, impart a permanent 'acceseron of healthful invigoration.„ Bunthis is not all. The aparient and boll biilloua propartles of the preparation aro scarcely secondary In importance to, Its tonic vlrtueri. If there Is AnAveiff ow of bile. the secretion is soonibroughtioltnln proper limits, and if the bilary organ is Inert and torpid it le toned .014 . regulated. The offeet:_upori the discharging organs is equally ealutary, and in-eases of constiW tion the cathartic action !Billet sufficient to produce the desired roeult gradually and without pain. The Entail also promote healthy eihimoation from the surface, which to particularly desirable at this Bea ton when sudden spells of raw,- unpleasant weather aro apt to check the natural perspiration and pro duce congestion - of thel ivectougtel'oriad - Oolderi - best 'safrguard against all 4iseasesit bodily rigor, and this the great Topetable reiterative especially promotes. 1,1e711,1a721y A CARD TO TILE LADIRB.I DR. D.UPONCO'S GOLDEN PERIODICAL ' PILLS, =I INFALLIBLE IN CORRECTING IRREGULARI TIES, REMOVING OBSTRUCTIONS OF TIME MONTHLY PERIODS, FROM WIIATEVMR CAUSE,' AND ALWAYS SUCCESSFUL AS A'PREVENTIVE.r HERE IS NOT A LADY LIVING But what at some period of Her Life will find tho DUPONCO GOLDEN PILLS Just the modichso oho needs. For Nervous nobility, Bearing down Pains, ralpitstion- of the Heart, -Rotainod, .rregular or Painful Menstruation, Rush of Blood to the Stood, Dizziness, Ac, - &c. These are the only Pills over known that will Cuilf tho Whites, (they will cure In every mule.) They never fail, and may ho depended, upon in ovary case whore the monthly flow has been obstructed through cold or disease. DUPON CO'S GOLDEN PILLS always give Immediate relief bang espeilidlyll'repaiiid for marriedindiCs. A lady writes: Duponcn's Golden Pills collared me In one day, without indahvonienre. like magic. • =I is now put up In Lurgo (White) Hosea containing doublo quantity of Pine, and upon each box, you will Mid thu lreremte Stamp, printed tram my, PH raAo Die, upon which Levtlityrse of tho Slump you will find the words DUPONCO'S GOLDEN PERIOD ICAL PILLI, in IVliite Letters, without that none aro genuine.: Pull tad explicit directions accompany each box. Price $l.OO por box, six boxes $5.00. Sold by one Druggist In every town, village, city and hamlet throughout the world. Sold lu Carlisle, Pa ,by 0, A. novena ick, Druggist, No. 10 North Hanover St. Sold also by Brugh & Messer, Mechanicsburg, Pa., and J.C. AIDA, Shippensburg. LADIES I By on, him $1 to the Carlisle post Mlle, can have the Pills sent by mail to any purl of the country, free of po , ta m. • • None genuine unless.the box Is &good S. D. 'MITE, Bole PrOprietor, Now York. 15je71-ly NERVOUS DEBILITY With its gleamy attendante, low spit its, depression' lovriluntary emissions, loss of semen, spermatorrhcea, lons of power, dizzy head, loss of memory, and threatened ittmotonce - and imbeellitytind a sea s ereign, ion in HUMPHREYS' lIO3IEOPATIIIC SPECIFIC No. TWENTY.EIOIIT. Composed of the most valuable mild and potent Cu4atives, they strike at once at the root of the matter tone up the system, arrest the discharges, and impart' vigor nod energy, life and vitality to the entire man. They hare cured thousands of me, Price $5 per package of five bOxes and a largo $2 vial, which in vary loft Portant in Activate or old caeca, or 51 per single box. Sold ty —Drn. m ints, and sent by mail on receipt of price. Address, HUMPHREYS' SPE CIEIC lIOMEOPATIIIC' MEDICINE CO , 662 Brdad way, Now York. 2n0711y For sale, in Carlisle, by S. A. Muratlrk •nd Comma" & Worthington. BE WISE. Wince wisdom will benefit you: be not asway• \ trolled by your incredulity, hundreds have sought :piker Dorn the horrors of Dysperia„through the medilin of DEMUTH'S ANTI r -DTSPiPTIO STOUAEM DIfTERE and found It. Why should you suffer a hen thin admi rable stomachic has cured many similar cruses-why do you doubt while other believe and are cured? Delay in thin mutter is both dangayousandunprolltablu. Your health, happiness and business suffer., while constant neglect is Goquently roll wed by serious and oncon trollablr. roolta. DEMUTH'S BITTERN are equally usernl In the numerous dlfilmilties attending Indi gestlon ; as BILIOUSNEFS, CONSTIPATION, &0., while um FETES and /sacs end other disorders pr eeedlng frorn MIA•MATA, It is the only t oliablo preventive and remedy known. 241te 69 xi I nr.IhAILIN(I. WIRE GUARDS, "(of lito4 Vronts, tsylums, he. Iron- Bedsteads Wire Web t.11,:$ for shoep and poultry yard., Braes and Iron . ..ire cloth Sieves. Fendors, :creche for coal, ore. sand dc., livery Crimped Cloth epark arrestors I,3ndseane Wire tor Window. he., Paper Makers ire,. Ornamental Wire Works. Every Informs LI,: rq addremslos the manufarturera, M. WALKER II liorth Sixth street Philadelphia M A R 21 13, -:0:- CARLISLE PRODUCE MARKET. Corrected Weekly by R.. O. Woodward. 11'