Erie weekly observer. (Erie [Pa.]) 1853-1859, February 23, 1856, Image 1

SLOAN & MOORE, PUBLISHERS
VOLUME 26.
THE ERIE OBSERVER.
pt /HE', I LRF rt RDA it
811,1 J, r..1•04‘ ii// 11. 11. tIOUICE,
NTI; , crr A \
@EI
SLUA•', Eitit•r
Tiara If 141.1 ut a171.-1`
• :40! u r . r i,.
.• Anr su'ssentwr Nulng to Fa, wrd.in the par.r
..f.ottru,l cle the 11(4 tthl .. n .r..; ont :Ler
TEP3t , AnVFl:ll'.l \
tar
, " ttar.• ' I 2-, • .2.
c/" 4 .a, unwire yeatr, c•ltaarsai. at poatur... $5
• Squares-4 u1t.1.114, Id, 010n11,4, V In.mtll-, $ll f,o j
1,4
=Mil
'Lx) C Iu .Idi.a, CIO 3
•••• 2,3 i v, .y","
.Dos I a I &pl. • r sic. u.' , 11,1^( 4 el:tt. $6
Ed.t , "tai R hoe
R. .c 1 P 0.1)... hr. I otijall•
.10N
,r : • .• LA • 4►n{M la. ttu-tt
is 2.• -* sr: •I'' .1' ‘,l 1.6:nl L1Ja..10 , /, 2,110
t • at_.', •ns, spar-e. the chart., . ,•. rtb 'lt, s.ea,.. trip
.aeT•..rtneca alstat 2.4•5t. - htt.; C4 , 4:“1. 11. , tn." ~.:tirtmst • tousort.sts
f Ult 4,l , eft.trr i'at num:a for trlirtst-tat iktvertttuttneuts rs.?ntt , sl
, :rat. r , -tr. II girth 40.4
/I. rs.r . ,nl w ti• !rt 11,h,
von: , Sthrt.rtinfrltlents, Pls.,: 1.14 tp
BUSINESS DIRECTORY
WitekTHIAN NION Tt.LEt:lcArit.
(Pr • ,
rne.l I hes 1 rider the of tb Yes 1 ors and .11/1.1.11-
uppi t 411.. Printins leleemh t, anookr
son't Hoot Nt .re, Park hoe, LI I, I'll
CIRANCEI kiI:LBERT,
W.rli Hustles, EiLiaL/1.1. , 6e , at Tenor,, ant ffroigi lfur
tei 1..• Dn t.oocto, No m ar k,
Met'ILIKADV, & Bet Nowt:,
.Heraelrs Late, Censer l'..
Dlrr:atsake of rnple keine! i.amphohe, eo 3 uG p r et. Al eo hoi
and .N I. Hum. 41.0. Hanufartu'ers and Dealers in the follow
artac:es of the best quallty, offered at the lowest martet
u.. 1 Burning fluid, 'pirits Turpentine, Tar. Ptlett, ft.wa,
.Soft
and Hard Torrent:test Brieht Varnish, Cent Tu. • and seal
Stooge, of ever, deseruntl.on
Tao* Barre, bultiler 3wal
_
GALBRAItH 6C DtVENIIN)II.T,
AtTORSrTa AT Law, Udine near, opposite the no.. C , / , .'1
Erie, Pa
Was • o.l.ast.lurs. 33 • A DarsNrosr
DMA. BEENE 41t. DRAINNON,
ff.r:sn entered alto Co-partnership, would reap,tfu,le rifler their
proem/roma seretetes to the dUZacts of F.rte rtoo. tem,l., Lap,
• la. attention will be thou to nhetetli•s
• Villa.
. .
BRoTett k,
in t•rooorios, t'rothiec, Sal,
Fruits, Nuts Waft. NotA, 13,0u10, 1 . '1,4., Wootton, Wlllor
sod Stops Were, ke:. Terms Cart. ?nee.. ',ow No 4 Wniht's
_Blot}, State Street, 41 doers aro*. tie Pat Utl3.-e, Ent, Fit S.,
LI TLE 411.: Rt4HYlloltr,
F•11111034.11/JI iitilmalaST 7al Linty, I , t.tusro, • hoo
doom loon of Stabs street, Eno 3.3
. . • s,
DILLLZMI in Stremi, ktras. kod iron Were 9tato
street, two doors north o(( B thane, Office,
Lne, Pa
T...virta.
— Wahl% rrtße.,
procirrintzslitste suert, bet• ern &;tvroth Led Et;bth street&
lane, P 4 Mannfactures to order, arid also keeps constantly for
Ws iota; neperior ap ring latrentel mare upon a new and ex•
Lisdient prinup Sea Gnu Matresses, Hair Hereon.* with Lod
.;taent sprint& ltc Priors rent moderate :33
_ ._ •
BARTON UOLS/4
C J.csaos, Proprietor %Voter Snort, Poonsy:ro
Pnoeipal Sue Vince _
_
WILLIAM 113.ORNTON,
Jrkrici or rnE Pc.Act Derds, Arreements Honda anti )14rtgs•
cos, L.vata. ac., &btu rata', sad Parr/441/ cfrite-n (re ee . , r ,
Wnglat • Block, otete street, bne . P/1..
THONLIS 310011111114 D
Nwrsay Prattr, grid also attend to Drawing Deeds, Mortgages,
donde and Otter instrutoenta of wnting (nßre an Select C ,, UL/•
ROLM, Iffiett Los worner of Flfth au i Stitt* etreet 39
EMPIRE STORE et.
Carertu. t Gtsisots, Jobbers, and Kottd Dealers an every dear
onpuon of Foratirn and Donsosti- ',Fry , aoods, snzpistnnta, usl
Ciattss, Int. No 1.3., 3tlite street, , urner F tRb , Prie, Pa
taws 33 Ws A ~4:1! I, OLD
tiTAHIt & rvirms.,
701WASIDIN0 A ., 1) CONNTS/10.1X1tftcgAym orcers in Coal, Fun,
Salt, float, Water Lime and Pluto* Yonne Dock, eut of note
anew% Erie, Pa.
ltmo. Alias
CLARK Ar xercirt• — ,
aILZMUIP marl L1C114.1.01 810/114, Erre P. Intense allowed on
'ZOO deposit/. Time and Sight Draft:i. Cheeks and biome, un-
current nosey sad Land Warrants bought and Cox:err/one
nude on all the prtneipa: cities to the ("tatted =totes runn,.
nutted t„. Europe on our own reepone&b.lity 37
liiiNNEDY 4c lititirSOLD..,
theatersro to Goitioell sal fleawort
Wito.asAti Asa &LIAM. beaters in liaattirare, (2, •kpl.., tilikadmarx
and Saddler., Noil,ll and 12 Elnpiri Block, tor,: a 1. 11*b and
Ytsk. start , Erie, At.
Z Roatas , J ItlicarcnT
DR. J. L. STEWART,
PUCTIIII7O Petelc,a.Y AND SCII(.to vmre Stewart s
Drab tore, corner n ! State arid rent Residence,
Seventh st.-eet, on• door east o• t rePt. 33
W. B. 11 -1- ISH'illOitE,
ArfA CAterrrial, frathltr, 1r Johaunt,
..iroßrno4l.oo Jobbers 01 Forefirn and I , )mestAr I.r. ..004.11, Nk.ll
1:4 and 154 ktrooray New York
WILLIAW Ccsca/u.,
Krrno H Joamhorr.
_ .
U. B. HialtitSTlCK,
Lariat kftLta Drrot, and Retui c-al , - I' , Veal,
orntitid Feed, and al/ kinds of (mug, east side t tC. L., 4.1 c
4 7'iate, s Black, E rt.. ra.
- GILL CO.,
riLAT • ST , . Cnill nue !luta or., Au Best •'s Stick,
llorth lid.- u, Public arr pr , pa, d
41 44 tortirt ,.. ntber , ;It ..firn•
sak_ aux% w•Alibitto.44l4 l tb 4,11.1 . , and ti-a.
ft•TkittLEVT ('O.,
Nemtadttradtas of ( •pper, aud zat.t Ir a 1l axt a doleu.a
tad rvtaa, carper of kma.tt sa•. F Lila it •Ittt. "rL • t . I 4,
Mfr. lintel, Ft le, Pa. Every arta,ls to lee s.wsa t
tog•the watt an %kayo,. so. ortalent ~f , t..% Uld
laltar rtebathi, ite All lunds of ito.fttlg sad ,pvt 1.14, t I CCU
Led .1:4 nestn.sa wad thipecit op rtlaVaxpip t 4 rts
-----
CLEALBNA & CAVtiliEr,
A sot/ KALI C.:Weittn, oan:1 Ovausta Lkwinit:c ekd Imported %%not
nod Lu t uots, use auger, loboce4, rult., I am, Olt, sod Argots
Wttaca uda.V Aw Nu 7 ilooutil 1.1.0r..14 strenst
33 Wy, 11 CACCIIIT
WILL/AM C. WIJILREN.
JUL'
ILasauut ar.d Pea era w Ed.chaz,,r, 1 Arr,..rimui knock. CuDre•
Ilona mode Ns ill the PtitlClpll.l eltlel of tae Luitod d , tatts bud
Litamigha, and pimeimM promptly remitting. o.ld
and aura tmudlti and Wld. 14terast pawl ao .itne peptlettle Mo
an remitted to Lan, , Lad Wbrnuta tou t rat, ao,d ado. locatednu the 111.44 MIMS.
ALLEN A. (..'KAIG,
J117:C1,1 TUX Ps.cs, Othca. \
..cutiC !Ivor, !lat. street,
E. H.ABELL.
Sactzwier to wa.timok
vatras Pabile .11wire, jt.e ite e d Ho um sad
8r•.%1.i Hutt! rictutt• tAlie:6 au We onot •t , It I I 114 r t•r my
Wielinta.ed not 4 tAdt 3.5
L. W. OLDS 4.7 l'O.,
Ilastr TreJ and Nnoitas.e ao4 Uttar Jonlen is Well sod Cu
teru Y,.mps Of Superior , the cheapest &Da toot no- 14 use,
boi, on lieelflai street JAW Y.sers.
cr aquaclact for carrels( osier ler Wm. - , &ram or a...echos:lice/
purposes for osle cheep SS
G. HERRON,
(Sseotooor Bane. 4 41errosts
Waolism.lt &ad Kew/ boolors 11.. Drugs, 11.dlooto, Patoto,
Window Moos, Dye dtdds, tir.isaws, evrf..rtoetv, !Inc odo.po Lad
became t itadlogo,".• .1 Mood Allow., !At, PO, ai
D. D. Vi`4l..kilit cO
•o
}01•411,13/0, Produce, bad Cbribraulab , a J4erct..xots t6urt.l2 Ware
tk.uur .eat of tlaa rubbe Birulipe, Er A.A. uustlora .0
ba.t, ?LaMar. stucco, lakodu, &Ad Lime - thue, &I*
LaStiNplh Cc., wits unimarirased ladlitm for sulipplug
wituur yeshaabosta, Ynsprii/Art, z.,^e-iwooars, or by Aularoact
VrAi.CIAL 4.3
Tli .1.1,..41eNb
Lat• y Ms /rap (i. (Away # Co 0
1.144,53 W Clocaik .1 &temps, Amt.() zpoogs,
anzaaaata, Looluskg Lop t Aar: , wow, • avAsale
.6114 retail. .$4
LIDDE.LL; mateLER, & co.,
ILacreotwurar of lrou rr4rr, :Massa itotkr• Vault
lire Pura =guars, uut 4,11 kWh' geelatoer;l4.l rwr. L•at-
LAE% kt., doo, to .cadet
______
M. MVO,
iwk Rumor? DlM.?—Ulric, to the American itioea,
corner of Aim meet sod Übe I's We 3.4 gars, up
3314313 Priors mossooole, sod all • oen 1., areanneil.
34
I V - t • at_a
Laroaraaa, Jobbers sad Italail la-a4re it Wei 4114:1 Dry i.rocann,
Ptoriaaaa Produce, loretra and .ioax %tic F ruit, N 0.14.1. qt,
and rltoN Ware, dour, t isa,zatt, Wain. Nail/, h. wart, .tint,
oaY7 Vase, at., ar... ?relict' • Stmet, oppoute tbe
Rouse. Llna. Pa.
WILLI.tM $. LANE,
ArtoiuisT Aso Cot:Tsai-oil • T Loa,— , J6.+ o'er laal..p
at North gait comer of thc Foliose square. .14
M. SANDPOMM
DLLSU is GOLD, Nina; think Noise, I.ertioestel of risfiGait. es.
e S ISAI ° 110 " 11 V on I". pnec , 9 4l eitirs etalsisouy 9.0 r L. as
No. 9 earl House, PO:4k Sy's...a., En. 33
T. liktWON dTCAII+,
%maims aya hursicu.s.— , Akx, stmt, a bw doors Goa al
Prima, Basidsaar, .rant, ow r... }..n lto , kid
Apollbacary Hal/ 4.1
Dausis V tagglbb,, lkirsuin and American at:Owe and I utlery
Aka, Waiyi, Aiwa% likre, Imp and Moat, ‘• J Uwe.: /1,..ae, trig,
U. J
_ "
}3 a 4 a• rte, taw. of itito Arrrt, t, Ps
- J. AL aNNII.ON,
cH tL 4II — .4 ll l4..tattowery, aloataly Mairsainst, Cbaap Publita•
be ' " .et wspaptrs, Gold hum, Porkrt t utter', ke
neat door irset a umße a d ant. Sit
_
BOOTH titTEWAAT,
WaroLallui and 41.1 La t .k. r . 4,4 staple Pr. Goods wad
tort*.en tas llama tialss. mat 4.srov a's Hob:
Gkiiit cumun,
Ar l"-' l7 LA"''
O It Collect4..th•
ottwgr ‘okalues.l43.l“). ...4 to 'Nita p,,,,,topti k se anJ 41qatcr 34
- - -- - -
J u uH 114. ILL LOGG
itlit•4l/410,0 occamissi.o )ir, Lard o•n Loft Pu 611 • 1..-Kll. .m 0
erataft itrort t. sail, %lute bak v.witsptlY
kr oar
_
CAMTglit is 11114 . 1 111101,
11/"Laa," "a Im.bal DY.,..0111 UtdlNb• Piki 11*
1., thus. , ita.-d •
OHY Att'f,EN
4.. „
MI
DR. G. L. mu - ort,
..- mum" SAMlie g la two
II a..... bat Dirs t iiii," 6 1 / Yogi igemsbr i .1
ERIE WEEKLY OBSERVER
rn.utts, i/ .54r. v
VO rink. 0 , 4 -MT
. 41 . L.
:; . tig 13 00
IPSEIMI
• JI.N3Y Jr
1)444.,,e0) ,
JOHN Ktick
JAs G PA TVI
J 1% Rt.% vuLDII
ILAIILLTOs WMALItT
ILL'SRMUILIC
I 1.14.'1.,•'
MEM
1 4 . - J.. •• •••*•••• k. I hi v .,
4.1
GEORGE J. NORTON,
FOR.•Otb:VO and t amtenagtoo Merchant, ?table -
I. .•s, -Jut F MA, Fleur and maw l.
-
JANES C. .11A3t5I1A1.
rr.,rovr AT Late if
•ust .tst..treet, En.. Na
_
TIBRALS, RAI ti CO., _
In Dr. fen•Atet, Pry t rocker,. Haniwire. ke,„
N. , 1 tin.nril a iiotti, ,Enn. I'i
J. W. tioCui—ce,s,
Lir AT wlttl Becoa„mm Grant, Ea , / , Park 11-,•,
bet.., Howie mod Etrown'a Hotel, Pr.e. P. 3I
It. WRIGHT 414 C'O.,
BaXatlla, I o,lector• and Ikx/ent lu , Add and , i'orvr U ne ur
n•nt IlotieT. Land IVarrenti and k.ert,ll,au, .)r
Praha ou two pritleipal etas, ut tho Cann, an 1 al: Im^t r
f male , Alll,, ~m s fi, Kti-ru.r fiat
f etrv..t and eabhe Wino.
t_ is It muter. I p UatLtr
)To the Merchants of the West and
North West
PIIII anstesia. Janus'., 1 1.3:.e
ENTI.KAIIIiNI^The Ra.V(Mild Cotraist,olratv.it FL% Ica,
,LLl,,zaroatt and C•T tW24.la Ivßnr , ottlpiet.l„,
~ r., . .a h t Rueter t , . !Lis market than t \ Ihe pr,v, .1
ss, to be equa1.,,...5. Thensfort. we, the
kit 7 1' I:}it.itS, Jutilik./14 and F PF. tl.l,ks,
attention t.. o.r !Larks.:
boi...ms mute intimatel. a , o,taa•rnl t•P
•h• , a ~ r tlott of sour petiottaare
ati1..1,1245.,izin64p t OP ,I.neclea an ••tuluni,i n
\irr , tuanta, 77. N. Water street
MMME=
/IP-HAHL):")". a CADF.., TotAar. , ., •;nuft, trot c Itra . ll. P. 4, lth
Ottrth strwet
Hi , HMGIIEL Pisin 4 11.101, 1.1 .ru,
exert
HILJUL F., Pk.% NoCK d Cu., omit. awl
103 Mar Let at
H HoIiTSICAN S. , rth Thini
linP"rt.ra or Military' i.k...4A.1.11.1' Drroa Trlnautno.
nrtoun and Blind Tnwntnga, earralge Maiw.ni. and
kolralua. Ar
•
• 4 WEARI\ ariet. and
Fang pn ()Inds. 165 Market strvot
N HITE. a to., Manufacturer• •tra•, Ruunst•, an.:
11 /if toxXia, 41, is•rourt stnest.
W t W IRRtRTuN, t successor to It if fi•u.r,. •thicitiA6lr
Cats•, kc, 134 Ih.stnul street
11411.r' t t fRu ., hapnrters sod Ilanufsetlres. of csepetthrs
and lth*, 252 Chestnut Keret
SLEEPER tt FEN NERpßnoutzetururs d P'srasule in 1 morel
La, PARitrivst Weed
PRATT Impuntrs ut Watches, Joredn, ►ud I ai,cv
Goods, 10 Market street
Jamie% EAREIER Ilanutaelneer Oold Nu, and dealer to
E. corset of Sec. , ad and Chestnut street , '
etru.s. k LANISL., ILuotard,cturrra ,4 Paper Ilaapncra, ite ,
1.,1t Arch
J H
PERRY, Pubhatter and 11, - . 434,1101., RN Marlo 4 atr....t
riv_LET, iskorftEK h Cgi.,HarS•rsr., lde wad 171 Marie<
p wit.sTncii k CU. , baddler) and l' , reh Hanlwarr..l44-
rile and ca.rnare Trunm.aga, FlAro.es **audio(, A , \. , r11.1
Third Atra...t
N TAYLOR, Tin, Plate, Copper, Sheet 1r n, t• , 1 awl .;
Branch it -eel
LEWIS, JAMES k CO , Arnt tor L.wli Pan Leads, Purr Ztnr
and Arra Colors. Also, for tin. &sir of tht.lN•tinsylrastasz t
Manursr
tunn4 Cossiekaki Ls r, a cheap suLtattutrm for •iods and Pott.o
Btit)WNING 3 MMto, dtt and S 0 }-rout 'tryst, Maziolartureos
Ertmet of I.N - wood, • Wood", Dye Atufft,
NS
ke
Yit IArDEN, tr 4 sari WO rt-led ritrerr, Manor:l,f I •
Mrs Mumma& Firma, Caruphstrr, Alcohol scat Sporlt, Yurpr.nt,ne
WM It t;LES, Prrforutry, Fa u ,r tooobk, ltru44ls" Art" l ".
20 c }'.,arth chest,
JON. !WA LOWPLAND, Large Gilt Frame Stlrrnra Pitcuro.
Frame, &e. :r; S Fuurtt street.
xyHos, . 4 A gO, Ihs,tuerreutype Apparatus, Mates, ke., 11S awn.
nut street
JOHN A. RIDDLE, Tneettog Agent
♦t Rerebotts' Hotel, N Fourth it Yh
Jan '..% —Zru.l7
♦ Baas , 'torus.
o ld Y later au4 we lk 111 aaree.
Though a stern and frowning gate Ü be
Cr 1
SG r.ll/I'..)ok,trut winter and such snow Ito we Wive had fut
L the lest two months wod dbe a rery , dewier affair in•leed
erittiOut the Western joseetedia. It i the bear Elevated ..tv.n
Cooking and Parlor Stove to one, It consumes lee, wood, bakes
better and I. ehraDer Iban any other wove you can get. rt...)
eau be bough( wholesale and retail at the glare of Sk. Y Y Err.
BARR. k State-Street, beta eels 111th and 11th ri 0, Crle,
Pear.' 6o and see them
Erie, Fenner) 901,1936 3$
BARBEII * MALLEY' s
Self-Einpported Lever Gate.
a valuable improvetnest Faint date., I , r hieh
/ a patent via. Vitiated to it.. suascrl IN it Mar, 1 , !sib
It rOMACII4CII the follow rag valuable proper'''. —lt a coare
,, lent, durable and eheap. Wtien closed. It rests equaiiy upon
the hltiles•nd latch, which ,a stationery The ni,teriatd of
wash it Is commuted may be therefore vett I.th I /1 t• onf
Ital , :e to rag The horizoic.al Mir. work in a loon.. moittee,
upoti a pill in sty les. thus Mattis** hints or 4ea,bty Y•.tit•
that the front en.' of she dale may he rinsed ci of the Ssiefi,
by drawing beck the upri ithi lever, and it is Rept in this 1,0
.ition by the rod that eltends from the /05 er r',.l bi the 11411
dle to the top of the style upon which the hinge. arc pored
Tb. 5, normative so cosairwesed that lie gale eon he r_,arit agar •
ly two he,, or more at ptensuro. ibr the fseirpose or ntWisriair
small a n io pa from one tSrld to a ....ther. while Tarter
ones are 'entrained All diffitulty n, regard to snow
are also by this mean. avoided,
Th. yr...A utility of Goa tt. over ht.ivtull.•. ",
relllr 1, ,t that it 1♦ .pr untitrurtrit that II itityportii
,i,11 . 11 r;t t i nottlithlt , 'Ake Nee, Il i•eiiii•irttrled
in •ut h a inithorf 1/14t it ra:i hr easil. opened and Closed. ap•)
be wade to pa.. ratdllrovrr.now drifts and plNot, okyttlfUelio.
arAieh would reader other jaw. Inoperative The eipeo., of
getting up a igt.te atter 11. la It:tient wilt nut r %teed $3
C L HAROIiN
M BRAILLI
Wa. hare etamineal .bleaksr, Ilarsea k tiralle)'• Gal.. and
Couvidat la well min•lnl%o rrer purpose designed
6ItAINI4I) k BURR Wt; E. POI tell t in•
Mn...+ II & Ita•lLay. •s an univetbriablu r,ror cy t ,,
,tune (.4 the most iwoortant imprueementa a prael...•l
devre, I vra • huh; .e.l iou give your .• ft ELF-81 • P TIN,.
LEVP:R I.VrE" • i•tyl t• very Irtrbt and
"*.i.? eh,l4, Pa.• , a over ohltrUel:uoil retold) , by .1., rpe..„e.
Or lever. and nOt liable 10 gel out of order, 1 Luke pies sure
rt commending ;134 a valuable inveittiOn. and 0.1, Sy
eit , rn ,, , Whet ,. d reamni. t and eCOOtttet are 4.1.-et,
'Stows:R. 1-35 BlitstV.,4
•VI u one of ilareen Ar Bre [rev', , ("•,,, w•
fur Ole ria•l 1 ear I lake great p:ek•ure ree wlr Orwft
the rimier. Of or, fou nttir.. a (le, fa . It ra,(rir•erarei .•( 141-
ring the deit , p soon of last Wrote , . Ow Prarueal op , r., LA in of I lie
gate %IP apPahelaked, a. he Nei , uOt CuUureftrd to luftt .40
d thorn) know when we wished to I rt,(rr lul
Berlin. II .JuI),ISSS r SIVIP 4,04.
1 Th. home .Gat►" lIIII' 1.. ...el. L. "'Cling at kil, • I. 1 , 164. I
e nt.C.... 1 1........111ft rlNer Wt.() low 41) rar,rr tor trrr 4,,r (tit *aloe
Or sr I row u.hfp or i lid ofidual niters fur Erie I %Aim:,
Etlr.Eo. 9 , 1 4 16,tr.-4 E. I. MA 4 IN4
.* -- --
VA :WY Haaaetr. urratan mod French Tov• and thous/bad
' th nip for urnatu.t 1. very cheap al
De , i
KF..NNl'Ariglosonic. Ayrupil, for Coughs mind Cool. N.,
reer 'veil by 1/171TvN t. R RI Or
F:r.e. Lk".'oaa
CA:NI ellOit ICE. an excelient arucle tor chapped -, pa. nand , .
or face. Br itTatti e t ills iatiti its.
- - - -- - -
I L I KI.ODEONS of Me best kind may also be found at 'd A NN'S
0 1 Music Store, .G" at prices Wet will *stimuli ' , to A iaci
Sheet Nunn ja i
Kr,e. Ja n IP, 15166.--36 I
ri Age lIA ERF4 I I, Iloilo.. ferWite tq., ,n grey IvaCieg - v at the
N. , ratore in the Senneo Block.
WILLIAXB AND GT/lON'S
1 1 48 4 Ge OLD BLACK STAR Illigigig
LINO OP P 43" 1 .
rAsigAGI: trOto ant part r , f' (7 real Brit, in and
~. -
(41ri:Ianydbol9;:kub red
bed i, a ir l .e t . be sda lo ili sr n ee t
r t , ri.... 7 , lb v le ... rate i . t h o , ,
ew
every
re
lowilm m agma entahips
s fik
lulls. Tonnage. Shape Tonnage
A urtralia, ISIMI North Arerbea. hall
Arabia. Hun Owerr a , 11 on
uoireterrer, Me <into. Ism
fhown . 1111,011, /MO Robert Rena, 1300
Lille f pr lIP.
ill slraboga, 11 1 .
tiny Manor, ng, 111110 llchughampta ~ 11100
George Waiiii I ninon, low Twowdengs , 140 U
Jacob A Westervelt, thou raieempe, 17011
Irene, IMM Vanguard, %Ulu
John Bright, Isis William A flairbeck. 13 U
Licuiaahan. IN° Chummy, .1911°
Marlow°. 1050 New Snip., tr
Toe °hips of this Line are the tamest aad; swiftest to the
trade Their accommodation for pommy ire are unequaled.
and the frequency end punetuality of tain t departure Oder no
ioutafaes to me entxgromo s olicrt tu be had by any othe , Line of
Packets ?loch pormeuria a. ileclion coca isa on. the money
paid for them will be proMpil• r, 'b o d e d Wit how d iscount
410 erflallotilltoi pliamair wilt be 'mono 1i ,r coildrep s wift
,ig
v.,. of Age Joie. •reoncoanied hr _ an ado it who mast be paid
for on the sante certificate
Starrium dr...irons of flaring their fries de brought oat from
Great Britian grid ;Wand, by the Sleek :l ia r Lane of Packet,.
can parehar•tackeur at my 1 /15Ce (grow a red thus meant to them
that despsie h cad good innalaies I for wit lic h the 'thawed/tip are
no4°o •
Drafts of 11 and upwards. ow Great Sett"' n„ lea and aadie7r. -
maim' may be procured at this WM.* Übe pagiu•-nt Of which
pi guaranteed without Oiseour t In the neatest Rant. of the par
lees in either to the above sassed eoutotrlin.
RI , HARD irfiltlEN. Aim it.
aren't of 1 t b •ad State ht MOS.
Erie 11•91 119. 1164 . lyl9
- _ _.....-- -
Athausi,,trator's
VOTICE is hereby gi•ea that lotto of administration
111 hare been graatted to the sulaserthera on the estate of
.meth Jackson, liact.,. late of the city of Erie, deed. All
perry.' indebted to is id estate are reneeeted to make im•
mediate payment, an d a:1 persons baring clams sigoiort
.aid estate are reqseeted to present them legally authenti
salted for irettlestest MARY F. JACKSON,
WM A. BROWN.
JONAS GUNNISON,
Admen.
Eno. January .116, 1556. Rd"
noT • Itiong So to 1100.)
FERMI 111 CHOCOLi.TZ•
frALTLA. SAL.LN Cr Ca.', ~woe. Preaca, iiewspefase.
mid lowa a Chocolate.. Prepared ewes; r Wasia,
Ceara Poem Cheat Preale, datalles, Haw a
pellet t earl Molar Caw* Coon Mae,
Charted Cara; 4.e. the
•I tN 114 E Silas% futures to whit , ' IWO premium . have here
1 • warded 67 the chief 111.110 t,, and Fair. of loe eel ;On ere
ogeetgght thrt dor 'Antares taval,de ae4 ' , croons to bee jib
I be) aloe rattier awe 110,10 u the aerrou• teweaf awn
.l.a el 4. vole lie us eof tea or eoffra, Nod are rec.. enstersded by
Ire• Werree. is , Itaos. liaiwred. War , exit Ada we, of Sopron,
•sst 6. onsiuctsil shraretaes elsewhere
EiMiaiMEill
U. C. terraasr Mew Torts altar,* Tereus.. Patiatieipeta,
Toenail V. hau. taloa. lialtlaarer. Raasarr & areicer.eia
I VOLTVA.OAKBIt . Dorchester. Rasa.
Dee to. Dn.
t a ; t.V r.lt rt..Aren WARY—Osee as Tatule OpeOul • besot
'J aad Tee el aeorts, Table. Desert mite Oyster refit. die.. a
Vow figures to dm Eavirr
harm* --41 Rot:CIA IRP,II El) Y a airTmiLurs.
500,000 STATES WA iirED
• wave 41 .1. 4.11 , 11 plr. f ktgAielft 1 . 1 .4.4e4 Of sail 141 414/411 fur
II Co yr 14 / 1 4 O($01 sail White
4,41 it iII'AVIIII.
tw kttlb •str tilllsomfors. wigs dolitrotodag bat 4 04k is Me,
0J use, 44 lambaloug.4 loam 1 , 14 e. faa Wing gigot
sei vi th a scali MOBIL
OM. bi1i.,141 IatINOMINE. • isebes .141 E
IRA_ *Ai 21.41 Lehr, dot
otthol, 44 to« JI aim Not Of they w 41 , wt. W.
flate,•ry 411. t... 1 4toua
ow a. 144.11. Ilflt, St
ERIE RAILROAD CASES.
Cr. eland. Painur,ll. old Alhiabula R R C.
The Frei.lin Canal Company built a railroad from
Erie to the Ohio state line, and its charter being viol
ated. was repealed by an Act of the Legislature, and
the road taken into the direct custody of the public
abthorities of the state Afterwards, on the sth of
May, INA, another Art of Assembly was passed, giv
ing to the Cleveland. Piuneaville, and Ashtabula Rail.
road Companr (Pirorporsted by the state of Ohio).
the right to ure the road upon certain conditions, and
for certain conaideratious. Hy the first section of the
Act, the Ohio Company is authorized to causer-wet and
ass a railroad, with one or Wore tracks, on or along
the Franklin Canal Railroad, and to connect their
rm.road with any railroad legally authorized to conic
within the limits Of Erie city by the second section.
the plaintiffs are authorized and required to purchase
the railroad already built, fur a certain price, to tm
paid to the creditors arid stockholders of the Franklin
("anal Company , and by the third section, they are
required within two years to extend their track to the
harbor The question now to be decided, is %bather
the plaintiff■ bare a right u,ider thin lass, to connect
with the road built by the Erie and North-East Com
pany, Iron the city of Erie to the New York line
INIE=IIII
The authonty to connect the plaintiffs' road w ith
any legal road coming to Erie, is expressed as plainly
•
am it en II be expressed in English, and perhaps no
known language could furnish apter words' for that
purpose the construction which it is the duty of the
court In put Upon a grant like this, is indeed strict
against the grantees Hot no construction ran be
sharp enough to withhold what is clearly given Bee
tore we rah deny that the plaintiffs have the right
stitch they claim, se must pervert the words of the
law so as to wake it asy the very reverse of *hat it
does say Nevertheless, several reason for eorodpi
lug it away, hav e been offered on the part of the city
It cannot he denied that some of these arguments are
ingenious, but to say that any of thew are plausible,
could scarcely be just
One point taken by the defendant's counsel, is that
the ptiaer to connect is given in the brat section, along
with the power to construct a road, and the latter
power oar not used, but a railroad already laid on the
same track, 'ens purchased under an authority given
the seemed section, therefore, there can lawfully be
no connection Oar &osier t o this it, that the power
giien o. a general power to connect Mess road, and
that is literal() as bat they propose to do. The road is
theirs, abether they built it or bought it. The tact
that the words going this privilege are found in juxta
position oath the privilege of eonstruettoMi does not
wake the eiereter of the latter right a condition of the
former
The argument of the defendant's counsel has a good
des/ of minute criticism nu the various provisions of
the Act for constructing and purchasing the road, for
extending it to the harbor, and for connecting it with
other mods The act was probably drawn by an in
experienced hand The will of the 'legislature is not
expressed with perfect clearness ; there are more
words at scone places, and fewer at others, than there
ought to be: and the thoughts might hare followed
uoe another inn more simple MA natural order But
we look, as a e are bound to look, at the whole statute:
end giriug Cu every part of it the influence to which it
entitled. we cannot permit ourselves to doubt for a
moment that it authorizes the plaintiffs to connect an)
railroad of theirs at that place with any either road
coming there from is different direction We are clear
that the state cannot now deny this without gross)
Tiolatim; the rout rant, as it must hare been well under
•too t h) all the parties at the time it was made,
Another argument is. that the right a given only to
connect w ith a ruftil legally aatkorized, and the Erie
and North-East is lint so authorized Can se inquire
in this collateral nay into the strict legal title ul the
lower road to be where it is We think not. A party
in possession
if anything is taken so between other
person., to be in possession under a good title. The
plaintiff. cannot be called un to prove the right 01 the
•wd Neste-Zest *ennead es wet) as their awn
flint right can be contested in a direct proceed
ing against flu• Erie and North-East 'welt. be these
'',wrested 1.1 it inny hare an opportunity of being heard
n d,f,cier The loner road is therelurele
gal within the mear.ing of this Act, as lona as it a not
iernoved by law Whether it be then ti) the mere
toler aton of the public authority, or by %Imo, ot an
inneiessible grant, is a question which the city of Erie
h as , no business to raise in the present suit Rut this
IPA all E'.en if the strict legality it the road in
question were before us, we can see nothing to lustily
an opinion that it le not legal. It was, to be sure, not
properly laid out at brit, but then the subsequent lo
cator' was aceor.ling to the charter, and to the decree
of this court The charter has since been repealed
that repeal be void, then the charter remains in full
tore, and the road is protected by it If the repeal be
constitutional, then it■ provisions, Inuit be' regarded as
mi n tin g and one irt th,Ne provisions is, that the road.
as it is, shall he kept open, in good order, for the use
lit the dub:ic, %Mai would have made it legal !lit had
never been legal beiore
k/eiles iug sa a e do, that the plaints& have a right
to wail, the proposed CODneCtIOn, we eannut swum
the eejeet,tou, e hr:h the city has taken to the mere
manner of its exercise 'I her may take the track
which was laid down by the other Company, or adopt
another route, ii they like it better Or they may eri
tablish their connection partly by a new track, and
partly upon that which was occupied before do that
they exercise with reasonable fairness the right grant
ed them, and nothing more, we will not quibble with
thew upon points sbicb have no substance in them
They may therefore connect in the way proposed, at
Ash Lane, the eastern limit ..f the city, if they can
find any there to connect a ith In point of fact, there
is a road there never ordered to be taken up. and le
ganged by the Act of 6th October, 1855, which will
carry their trains onward to New York-
It is contended that this Act is in conflict with Sec
25. Art i of the Constitution, which declares that "(b
-lew shall create, renew, or extend the charter of more
than one corporation It is true that this statute does
gist, certain not very important privilegek to two other
corporate bodies. It is not asserted that the legisla
ture bad no jurisdiction of the subject. matter, or that
the law, if carried out, would interfere with any right
wade inviolable by the constitution, but merely that
the two Houses of Assembly neglected a form of pro
ceeding which the constitution Prescribes. The ob
jection tzeea not to the nature, and essence, and char
acter i.t the law itself, but to the behaviour and con
duct of the legislative bodies who passed it. Whether
se bate a judicial veto, which authorises us ito pro
nounce a law void fur such realm:lads a question which
does not arise here, and on which we mean to give no
opinion Our construction of this section of the Con
stitution was given in !doers v. Reading City, after
careful deliberation, and we see no reason for retract
ing it now To create, renew or extend a charter,
means to make a charter which Dever existed before,
to revive an old one which bas expired. or to increase
the time for the existeuee of one which would other
wise reach its limit at an earlier period. Neither of
these things was done by the law to question, for mere
than one corporation, and the conduct of the legisla
ture was not. therefore, within any constitutional pro
hibition
Alllt ,TiM't+
There were several other points taken by the delve-'
dents ; but those already noticed are by very much the
strongest Pot the rest, it is enough to say that there
is nothing in thew.
And Doe , to wit, on the Stith day of January, 3856,
this cause came oh for bearing before the Supreme
Court, upon bill, answer, replication, and the Pennit
taken on hoth sides, and was argued by couseeL And
:hereupon, it use determined, adjudged and decreed,
that the plaintiffs. the Cleveland, Painesville, and Ash
tabula Railroad Company hasa lawful right to eonneet
its railroad with the railroad heretofore built by the
Erie and North-East Railroad Company within the
city tit Erie, in the manner and at the places or either
of the places mentioned in the bill, mid that every in
terference with Or hinderance of the plaintiffs in the
exercise of such its legal right, is unlawful. And it is
thrther adjudged, ordered and decreed, that the city
of Erie. and the mayor, councils, constables, °Moen,
agents and servants thereof, and the other defendants
in said bill named, their agents and servants be, and
they ire hereby strictly commanded slid firmly rejoin
ed to cease, abstain, and altogether desist from each
and all the unlawful acts and doings complained of in
the said bill. And it is ordered that a slit of injunc
tion do issue against the defendants forthwith. And
that the plaintiffs do recover their cods.
Erm axial .Vorth- Earl Railroad Conipasey
The Erie and North-East Railroad Company
was incorporate,! in 1812. The charter was re
vealed at the last session of the Lefislatore, and
the Go%enaor was authorized to appoint some suit
able person to take charge of the mad which the
Couipany had built. and keep it in good running
order and repair. 1,,r the use of the
defendant was appuluted t'.• • I .: .1 i ~1
the repealing law, and be avows hi , t
take pomades of the road sooettaitio, unless
prevented by the injunction olthis COWL To ob
tain such tar tujimetion is the object eft* WIL—
L' the Company be *metaled with an alegel
ERIE, SATURDAY MORNING, FEBRUARY 2311856.
7'hr l'lty rf Eroe
I\ EQIIT\
Opinion by Judge Black
vs.
Joseph Casey
1, EqVITT
Opinion of Judie Black
Si 50 A YEAR, IN ADVANCE.
jury, we wily protect it in thin form of proceeding.
If the defendant be prattled by httr the complaint
niugt br,(ligniissed.
What the defendant mesas to do is to execute
th. plain mandate ef the supreme law-tuaking
p.tmer t'f the State : to convey into effect an Act
of Assembl". passed iu regular form. This Act.
it it be law at all. is paratuouut to all other law on
the subject. and must oe imeyetl. If. however.
the Legislature had nu jiatc , i . to pass it. then it is
wholly % o id, a nd we inapt regard it as if the place
it occupies on the statute Book were a blauk.
rhe right of the judiciary to declare a statute
:intl to arrest its eleetitiOn. if one which. in
the , pinion of all courts. Is coup lspl with respon
sibilities au grave that it is never to be exercised
except Ili vez, dear cane s . +.Ol/e derrtment of th e
gviverilMellt is bound to presume t at another has
acted rightly. The party who wishes us to pro-
LIOUII( e a law unconstitutional, takes upon himself
the burden ..f prving. beyond ail doubt, that it is
It is also vi ry well settled that no statute is un
constitutional merely because it is wrong in policy
or principle It is not enough to prove that it is
contrary to a sound public morality. or injurious
to private rights. luconststeticy with rules of law
or principles of equity, will not make it
Nothing will halve that effect but a direct collision
between its provisions and those of tbe Federal or
State Constitution. Fur this proposition I bare
no authority or reasons to offer beyond what are
already uu record in the case of Sharpless •, The
City of Philadelphia.
The plaintiffs' coousel assert that the Act of
153,,. under which the defendant proposes to take
the Railroad into his possession. Impairs tbe obli
gation of a contract. The Constitution of the
United States (Art. 1.. See. 10), and that of
Pennsyh waist (Art. IX.. Sec. 10). forbid the mak
ing of any 13w impairing the obligation of con
tracts.
An act granting corporate privileges to a body
of men is, when accepted, a contract between the
State and the corporatnrs It is not worth while
now to try whether this doctrine will stand the test
of original principles. It is sustained by every
thing that we :Lie bound to regard as authority by
the decisions of all the courts in the country, by
the opinion of the legal professiou, and by the
general acquiescence of the people. It is not de
nied by the defendant or his (vowel, or by any
body else is ho has attempted to sustain the action
of the Legislature in this case. Being a contract
it cionot be rescinded by the act of one party
without the consent of the other. A grant of cor
porate privileges forst specified period cannot be
resumed by the State within such period. If the
charter be a about limitation as to time, it is for
ever irrepealahle••
It does not follow from this that corporations are
beyond the reach of public control. When the
privileges they enjoy ale fraudulently abused, the
courts may pronounce them forfeited. In some
cases also, the Legislature, when granting the
franchises., reserves to itself the right to revoke
them. When the charter contains such a stipula
tion it is as much a part of the contract as any
thing else that is in it The legislative repeal of
suet a charter bears no resemblance to the judg•
went of a court against the corporation on a 950
warrant') They proceed upon principles as dif
terent as the functions of the Legislature are dif
tereut from those of the judiciary. If the power
to repeal be reserved its reel-civets merely carry
ing out the contract according to its terms ; and
the State is using her own rights; not forfeiting
those of the compaus .
fbe power to repeal is sometimes reserved
ab
solutely, so that the franchises of the corporation
may be revoled whenever the Legislature shall
think proper. It is rometinriss volleyed col►dition
ally : to be exercised only in ease a ea Lair torent
shall happen, "l'he event may by tem which the
corporators could not control. or it may be such a
one as could not occur without some didault of their
own. In either ease the charier is repealable when
the et cut liltyperi..
lu the eliartio bon% t n 6 r consideration. the tol
-1 iwiuK occurs . thesaiii Company abuse
or nnouso anti• of the pnviteges hereby granted,
the Legislature oral• resume the rights granted to
the said Coinpati . %." This was a reservation of
the right t raj oal the clutrter itt case it. should Os
v 1.014041. It it was ',totaled. then the repeal was
nut breaking the bargain but keeping it: not int
patrinig, but en furring the obligation of the con
tract.
The plaintiffs' eounsei iusist that inasmuch as
the light to repeal depended on math r of fact, the
right could not be exercised until the fact was as
certained by a jnditoal ;nal. But if this were not
a mistake the reset-Nation would be nugatory--
It hen the
~,inusP s charter is judicially aster
tamed the corporatiou will he dissolved without
the intervention of the Legislature. and the Court
could not decide the fact to be true without pro
nouneiug the judgment of forfeiture. The Legis
lature certainly meant to reserve something more
titan the right to ilisisolie the corporation after it
snail be dissolved by a court. The power to kill
what is already deal no power at all. The ar
gument of the plaintiffs on this point is altogether
unsustained by authority. There are several cases
directly against it. In Crease v. Babcock [23
Pick. 2341, the Supreme Court of Nlassac,husetta
said, that when the Legislature reserved to itself
the right to repeal a charter on tbe happening of
a certain event. they might enact the repeal when
ever the event happened ; it was not a res e r vation
of judicial power. To the same eifect is Mc Lar
ren t. Pennington Paige. 107). and in the
Miners' Bunk v. Tit. ("cited States (1 Greene.
Wil), it was held, not only that the fact. on whital
the right of repeal depended. might be noticed by
the Legislature without the assistance of the judi
entry, but that its truth could never afterwards be
questioned by any Court. Without intending to
endorse the whole doctrine of the last mentioned
case, we are very clear that the right to repeal
vests in. and may be exercised by. the Legislature
whenever the event occurs upon which they stlpn•
lated for the right. The most that can be said is,
that the repeal is void if it come* before the event.
If the corporators desire to contest the velidity of
the repealing act in a court. they must at least
prove that the event did not occur.
This view of tbe subject makes it important that
we should see whether the privileges of this Com
pany were abused or misused. Did the corpora
tor' violate the charter ? We ate obliged, as the
case now stands, to answer this question in the
affirmative. For that answer we hare three rea
sons. either of which would ba sufrwient without
the others. In the first place we are bound to
take an Act of the Assembly to be constitutional
until the contrary is shown. In the absence of
evidence, we presume the existence of every fact
on which the validity of the law depends. Semis
sky; the Plaintiff s bill does not aver that they
performed their duties according to the terms of
the charter ; and this they certainly would have
averred if they could safely have done so. Tfnr
dly; a recordof tins Court is referred to in the
Bill and produced it' evidence, from which it ap
• pears that a decree was pronounced against them
for fixing their terminus at a plaice not authorised.
and for locatiag their road on streets and other
highways in a manner expressly forbidden.
It is said that the repeal east be justified only if
the violation of the charter was wilful. But the
right is gives to repeal not foe a wilful, but for say
abuse or misuse, The word waifs! is not in the
reservation, and we cannot insert it by construc
tion. But suppose it to be in. Is not' any posi
tive violation of the charter, which might have
been avoided. a wilful misuse and abuse of it I--
They were not forced to lay out their road con
trary to the plata diredirms of the law. Neither
can we believe it to have heels a mere blunder.—
The &Serowe between what they were required
to do and what they did do was too obvious and
too important to be oreilooked by melt who could
read and understand Leah&
After this abuse imi miaow wet committed. the
Attorney General for the fltitte filed a Bill emu
pleb:dog of it and woe bearing. we made the
decree already referred to, and enjoined the COM
pittly to take up and remove the natant to a loca
tion which would be conformable to the eharter.—
Dna devree has been partially obeyed.
w ; ,,,,. the chart. r ..toot tilitleptaled. it will A
lea .1 . t.1,• Ma u. and. bta Pub. a Kee the duty of
tar ALtwurtyßOW to img that it was executed
batidolly. Nor was it posible for es to decree
otherwise than oreardiog to the bow as it then was.
Bat how did this proceeding affeet the right of the
Legislature to take away thaabutter The Com-
pany's concise/ say that it was a waiver of the right
' to repeal—that the State is equitably estopped by
it from using the power of revocation wh,b .he
?)therwise would have had
It is well settled that a forfeaturt.. how evt.r lu
curred„ts to he considered as waived. it the part)
entitled to exact it 11143 diullett to right Inin , ii•ll in
some other way. If a tenant. for instance. iihnuld
forfeit hie estate by a breach of (.0% eflittit. the
' landlord could not acoNpt compensation and aftto
wards re-enter. When the State comes into Court
demanding a forfeiture. the principle applies to her
with as much force an it doe.; to a private part,
But we are now dealing with an Act of Ansein
bly. which, if it be valid. is the paramount law of
the subject to which it relates. It rides down an•t
nullifies all other laws which are inconsistent with
it. Perhaps this is the very first argument. that
ever was made, to show that a statute was void be-
cause it conflicted with a rule of the common iaw
To change the common law. and repeal earlier
statutes. is the main, ef not the only. business
which the Legislature ha, to perform A statute
may be %slid, too matter how inconsistent it is with
the doctrine of estoppel. unless the doctnne of es-
toppel bejipart of the Constitution. which it cer
tainly is tilt. When we are inquiring what the
Legislature rim do. we are not helped a particle
by being told what a Court would do. When we
are considering whether a statute ought to be oil-
eyed or disregarded. it is very unsatisfactory to Le
informed how the law stood a hundred veal-4 lA.
fore the statute was passed. Judges aud chancel
lors hare established eertaiu rules of proceeding
for their own guidance iu the distribution of jus-
tice among suitors. One of these rules is, that a
party in certain cases. shall not be permitted to
aver the truth ; and is called au estoppel--
But the Legislature is not restricted by it. The
General Assembly can make and unmake all rules
of practice. pleading. and evidence. at its pleasure.
The power that wakes the law must, in its nature
and essence, be so totally different from the power
which adtninisters the law, that it is must illogi
cal to reason from one to the other. 'The limits
Lions ou the legislative power of the State are not
to be found in the general body of the law, but
only in the Constitution itself. which is the
legunt. or law of laws.
W A must. therefore. fall back upon the Consti
tution, to see whether there is anything there to
prohibit the Legislature from passing the Act in
quesliou. That instrument declares that no law
shall be made impairing the obligation of contracts.
This charter Was a contract ; but our of its terms
was. that it might be repealed if it should be ab•
used or misused. The corporators did abuse and
misuse it. mid thus they placed themselves in the
mercy of the Legislature. Did the atonement
which they were compelled to make for their de
fault. restore them again to the condition in which
they would have remained if they had never been
guilty of it , They had a charter. irrepealable if
they would obey it. and they were independent of
the Legislature. But they tell from that estate by
disobtoienee, and their charter became repealable.
Did it become irrepealable again when they were
forced by this Court to undo the wrong the‘ Lad
committed ?
These corporators have suffered at the hands of
the Legislature nothing but what they expressly
agreed to suffer in a certain contingency 'Chat
contingency has literally come to pass. Then•
prisileges have been abused and misused. But
they insist that the penance they were forced to
undergo ought to be accepted in place of the obe•-
dieuce which they promised. That is not in the
bargain ; and since they stand upon their contract.
we do not see how we can give them more than
what is there set down. The Legislature agreed
to disarm itself of the repealing power on condition
that the corporator@ would remain and abide with
in their charter when they went out of it. the
°audit:too was broken• The fact that they left the
path of duty is not disproved by the other fact
that they afterwards returned to it. Nor is their
case at all helped by showing that they were
drtren hack under the lash of a Court. fheir in
dependence of Legislative control was to be a con
sequence of innocence ; not of guilt. follow it Ls
repentance and restitution.
The most important privilege and highest immu
nity which a corporation can enjoy, is that of hold
ing its franchise by a tenure above the reach of the
law-making power. which regulates every thing
else in the State. When this immunity is oestowed
on ,certain conditions. the conditions cannot be
chaugsd without changing the charter, and no such
change can be made except by the express and
plain words of the Legislature. This corporation
claims to hold the immunity. and lot its title it
points to a bill in equity filed by the Attorney tien
eral. to a decree of the Supreme Court. and to its
own act of removing the road. Hut the eurpoia
tion itself cannot add anything to, the charter, nor
can it do so even with the assistanee of the execu
tive and the judiciary. It still has no more than
what the Legislature gave it, and the Legislature
did not give it whit it now claims.
Another and still plainer view of the argument
based on the law of estoppel may be taken. It
a familiar and well established rule olcoustitution
al law that the prohibition to impair the obligation
of contracts is nor applicable to an Act of Assem
bly, unless it violates directly some right secured
by an existing vontract. bargain or ag,reeineut.—
That provision does not protect from legislative in
terference other rights acquired or created in other
ways. Here. now, is an Act of Assembly which
enforces one of the stipulations of a contract be
tween the State and a corporation. The corp ora
tors say to the Legislature. Yon shall not do this
thing. We admit that your Act is according to the
very terms of our agreement; but certain facts and
circumstances have occurred since, which bind you
in justice, equity and law, to abstain from taking
advantage oldie agreement. - 'lime short and
c in
elusive answer of the Legislature is this: •• To en
force a contract is not to impair it, and whallsver
the obligations may be which arise out of the sub
' sequent facts, it is enough that they a-c not oblign
' titan' of the contract.
A harder task cannot be imagined than that of
proving the law before us to be void ou the ground
contended for. The argument would hare been
successful, if there had been anything in the con
stitution to forbid the carrying out ot contracts.—
it might have been a failure. if the obligation of
contracts could be interpreted to mean all obliga
tions of every kind. however created. And it would
probably have been triumphant. if counsel could
have shown that the power which is given to the
Legislature by the constitution is taken away by
rules of Court.
A bettor objection is made to the validity of
this law by contending, that the contract ought
to be so extended by construotion in favor of ,the
corporation, as to give the right of repeal only
for abuse or misuse, which shall be persisted in
down to the time when the repeal is enacted.—
We have said, however, that this cannot be done.
We are clear in our conviction, that the right of
toped, underauch a reservation, can be successful
ly denied only when the oorporators are able to
show that no abuse was everoommitted. It els
not a right which existed merely while the cor
porators were in a state of rebellion against the
law Ao cease when they put themselves, or were
putly the Court, on their good behavior.
A more plausible proposition than either of
these would be to say, that the proceedings
seises the corporation in equity snit implied a
new contract, by which the State promised not to
repeal the charter for any past offence. The
counsel did not take this ground, doubtless be
cause they thought it untenable. We omen? in
their opinion. Contracts between the State and
corporate bodies cannot be implied from anything
but plain words; and those words must be spo
ken by the General Assembly, and enrolled in
solemn form among its sets.
On the 14th day of April, 186'2 and after the
violation of the charter, the Legislature passed a
supplement to the charter, changing the mode,of
electing officers. Whatever new powers, imam
nide* and privileges were granted by this sup
plement may be lawfully claimed, but all that
were not plainly granted were withheld. It was
°organdy a **Mee recognition of the Com
pany's wee as adore body; but it was
so recognition of r;rl to exist spon . lenms
mid 4 , In. tit 0011. aa: • is t 1001260110 a 111 the
,
supplement, and which are expressly extended
by the word• of the original charter. The As
sembl) might then, or at and other time, have
made the franchisc irrevocable by saying that
such was i:4 will But it did not do so; it
merely said that the stockholders should vote
in a manner different from that in which they
had voted before
We think the construction we have given to
this reservation is no. 21tily required by the es
tablished rules of interpretation, but is in accor
dance with the most liberal intent that can be
ascribed to the Legislature in making it. Men
who are capable of abusing a privilege conferred
on them by the apeetal favor of the State are
unworthy to have it The State had a right to
test the prudence of her bounty by this standard
—to fix her own /vole je•aitentix—to try the
grantees of the privilege and see whether they
would behave tht twelves well She kept in her
hand, the short, sharp remedy of repeal, to be.
applied whenever the conduct of the corporation
would demonstrate that a remedy was needed
The error was to be repaired by the same body
that committed it at any time after the error was
ascertained For the sane offence, the charter
might have been forfeited ou you overawe, but
another mode of reparation was adopted for the
reason that the State did nut choose to undergo
the risk and embarrassment, and delay of a ju
dicial trial. She would net have the machinery
of Court interposed between her and her rights.
She did not desire to play with lawyers and
judges at the game of special pleading. She was
unwilling to go fir justice to a place where es
toppels might prevent her from asserting the
truth. She would retain the right of legielitive
repeal free from alt restraints bur, those imposed
by the constitution, or else she would not grant
the charter If the corporators did not intend
to obey it when such was the stipulated penalty
for dieebetlicuce, it was folly as well as wicked
nes to accept it
The authority given by the Act of October,
1555, to the tieleudants to take possession of the
railroad is asserted by the plaintiff's counsel to be
an act of cunliecation —a taking of private pro
perty for public use without compensation If
this is be trueobe injunction ought to be awarded ;
for no Legislature can do such a thing under our
constitution. When a corporation is dissolved
by a repeal of its charter, the Legislature may
appoint, or authorize the l'eovernor to appoint, a
person tie take charge of its assets for the use of
the creditors and stockholders; and this is not
confiscation, any m o re that it is confiscation to
appoint an administrator to a dead man, or a com
mittee fur a lunatic. lint Money, or goods, or
lands, which are or here the private property of
a defunct corporation, cannot be arbitraily seis
ed for the use of the State without compensation
paid or provided for This act, however, takes
noting but the road Is that private property?
Certainly not: It is a public highway, solemnly
devoted by law to the public use. When the
lands w, , re taken to build it on they were taken
fir public use; otherwise they could not have been
taken at all It is true the plaintiffs had a rig.
to take tolls from all who traveled or carried
freight can it, according to certain rates fixed in
the charter, but that was a mere franchise; s
privilege derived entirely from the charter, and
it was gone when the charter was repealed. The
State way grunt to a corporation, or to an indi
vidual, the franchise of taking tolls on any high
way, opened or to be opened, whether it be a
raiiroad or rivor, canal or bridge, turnpike or
common road When the franchise miser by
its own limitation. by forfeiture or by repeal,
tne highway is ;brown back on the hands of
the Stet-, and it becomes her duty, as the sov
ereign guardian of the public rights and interests
to take (Are of it She may renew the franchise,
give it to some other person, exercise it hereelf,
or declare the high Ray open and free to all the
people If the riootilly itself was the private pro
perty of the stockholders, then it remains theirs
and they may use it without a charter as other
people use their own—run it on their own tie
count—charge a hat tolls they please—close it
or open it when they think proper--disregard
every interest except their own. The repeal of
charters on such terms would be courted by every
railroad company in the State; for it would have
no effect but to emancipate them from the-con
trot of law, and convert their limited privileges
into a broad, unbounded license. On this prin
ciple, a corporation might be rewarded, but never
punished, for misconduct Repeal of its char
ter, instead of bringing it to a shameful end,
would put "length of days in its right hand, and
in its left hand riches and honor." But it is
not so. Railroads made by the authority of the
Commonwealth upon land taken under her right
of eminent domain, and established by her laws
as thoroughfares for the commerce that passes
through her borders, are her highways. No cor
poration has soy property in them, though cor
porations may have franchises annexed to and
exercisable within them
Such a franchise the platiffs had, but they
have it no longer. The right to take tolls on a
road is an incorporeal hereditament, which may
be granted to a corporation or to an individual;
and the grantee hte, an estate in the franchise.
iut what estate? The estate endures for ever
if the charter be perpetual; for years, if it be
given fur a limited period; and at will, if it be
repealable at the plea-sure of the legislature. This
corporation, after its privileges were abused, had
an estate at will, and the Commonwealth chose
to demand repossession That terminated the
estate as completely as an estate for ycari would
be terminated after the expiraion of the term.
The grant was exhausted, the corporation lived
its time out. Its lease of life was expressly lint.
itad, at the day of its creation, to the period when
the Legislature should dissolve it for misconduct.
When the legislative will wasspoken its hour had
oome. Having no right to keep the fninohiaes any
longer, it would be absuid to claim eompensation
for taking them away. To say that the nockhold
ere have a right to compensation for the fran
chises, because they are wrongfully taken, and
that they were wrongfully taken because they
have a right to compensation, would be reason
ing in a very vicious circle. If the stockholders
had a right to retain the franchises, the charter
could not be repealed at all, with or without
compensation. If they had no right to retain
them, they have no claim of compensation.
A brief recapitulation of the main points in
the case may serve to make the grounds of oar
judgment somewhat plainer.
I. This charter was granted with a reservation
of the right to repeal it, if the franchises should
be abased or misused.
U. We are satisfied thin, in point of faet,
those franchises were abused and mimed.
111. After that event happened, the asnarral
Assembly was invested with fall power to
repeal the charter, and the corporates, held their
-
clines from the state merely se tenaz a at will,
in the same manner as if there had an un
conditional reservation of the right to repeal.
IV. After the interest of the oorporatora has
been thus eat down by their own misconduct to
-an estate at will, the Legislature only could en-`
large the charter, so as to make it a patterns'
grant, or put the corponnors on another tens of
probation.
V. The judicial proceedings ageartet th e oor .
potation did sot aad could not disarm the Legis
lature of its reserved right to repeal, nerealarge
the estatm of th- corporation in its feimehisse, nor
ohmage the ternia of the original great, foe titan
are tmaga which the judiciary esanotdopnar she
essontkes _ _ _
VI. TIN power of the Ltighlatare Ss *di row
B. F. SLOAN, EDITOR.
'kWh:del by the rules of pleading and evidence
which. the Courts have adoptltd; and' therefore
the State may act in the Legislature neon a truth
.which would have estopped to shove in a Court
Lif the Legislature had not interfered.
VII. The power to repeal for abuse of corpo
rate privileges is a different right from that of
demanding a judicial sentence of forfeiture r and
is reserved for the very reason - that it nay afford
a remedy when a Tun learrania would not.
VIII The charter icing constitutionally re
pealed, the franchises are, as a neeeleary conse
quent*, resumed to the State, and the road re
mains what it always was—public property.
XI. The corporstors cannot be estitled to com
pensation, for they had no property in the road,
and after their default they held the corporate
franchises at the will of the Legislature, and the
exertion of that will, in the resumption of the
franchises, did them no injury but what they
agreed to submit to.
Vie infuse-ion which the pia isuits have moted
for is to be refused.
Conoarriag Opinion cd Jadges Lowrie and
XIIOZ.
Concurring with my brother Black in the re
sults whieh be has expressed, i desire only to
add a few words, in order to presentaowe of the
questions in the form which they hare taken in
my own mind.
It is provided in this charter that the legisla
ture may resume the rights end privileges there
by granted to this Company. The charter is no.
thing else than the set and instrument by which
rights and privileges are granted, and the resump
tion of the rights and privileges carries with it
the revocation of the charter.
The power that may produce this result is the
legislature, said therefore the power that granted
is reserved for revocation. This reservation of
legislative power over a subject is perfectly le
gitimate, and is not chargeable with the rice of
enlarging the political functions of the legislature
by means of a private contract. Before the char
ter the ',gimlets:* had full power over that sub
ject, sod in the charter they expressly retain it,
so that no doubt is left that the charter is still
subject to a legitimately legislative control. And
such control is expressly sanetiooed as legisla
tive by the eoustatution, article 1, s. 35, in an
analogous ewe.
In saying that this reservation ia of legials
ti,ve power, we distinguish it from the power of
forfeiture by due course of law; for that is a ju
dicial power, exercised for punishment, and need
ing no reservation in the charter, and no con
tract, to support it; the power of punishment be
ing involved in the very nature of government,
and not at all needing the aid of a contract rein.
don. We distinguish it further from the power
of setting aside contracts for the bad faith of one
of the parties, for that too is a judicial power,
and needs no /alb express reservation We dis
tinguish it finally from the power which a party
as to rescind a contract for contrition broken;
for that is not a legitimate power at all , but the
power of executing an existing law, to wit, the
contract law of the given relation.
Admit now that, as a general rule, corpora
tion charters are protested, as contracts, from le
gislative interference; this charter does not fall
within that catagory, the legislative power to in
terfere is referred in the grunt of the franchise,
and therefore no such contract was intended.—
Tie power of resumption, being reserved as a
legislative one, is necessarily absolute. If it
were subject to judicial control, or conditioned
a preliminary judicial sentence, it would not be
legislative power at all.
It is objected that this power is not to be ex
ercised, unless the corporation misuse or abuse
its privileges. But as legislative power must be
guided by its own wisdom and knowledge, so it
may take its own way of informing itself; and
the Courts cannot set aside its action, on their
supposition or conviction that it is founded on
misinformation. If the Courts must first d'eelare
the abuse, then an express legislative function is
made dependent upon the judiciary, which is
simply absurd. That the law making power
should be controlled in its action by previous
law is even more palpably so .
Tues. views show plainly enough thatthelim-
Rotation of the legislative power of resumption,
to the case of an abuse of the pririleges granted,
is merely a moral restraint, and not a legal or
constitutional one; for it is subject to no super
vision, and is guided only by legislative wisdom.
such is its 'essential nature, if it is a legislative
power. The very' discretion that enacts is re
served for repeal, and this excludes this act of
incorporation from the clue rontracts in the den
gtitntion, and ranges it under the class law; and
no subsequent acts of judiciary or executive of
ficers can ehange its character.
It may be possible that the act of repeal is
unjust in its provisions; but of that we cannot
enquire, if the power exists. Courts and juries
may be equally fallible; yet their judgements,
within their legitimate Province, must be regard
ed as right. No departntent of the government,
is entitled to regard another **pertinent with sus
picion in the exercise of its peculiar functions
Every form of government, and every deportment
of it is liable to error, but when the special de
partment, which is entrusted with any matter,
has pronounced its final decision, we must treat
it as right, for there is and can be no power to pet
it aside.
But I do not believe that this repeal is unjust.
It is consistent with the most sincere respect, for
those from whom I differ, for tae to say that I
have a very cleat conviction that it is eminently
proper and right. And this company could an.
er have been led into this difficulty, if it had sot
colluded in the impudent fraud of the Franklin
Canal Company, fbr which that company was
suppressed by au set of usambly that was sheet
regrew in ies provision. U this Company bad
made their rod an Erie and New York , road,
m was intended by their charter, instead of an
Ohio and New York ti Z e tbei ra itould have saved,
thenuielves much legislature is
vary indulgent is iiielninig that they way do it
yet. lam for refaliss 104 iJ oration.
Knox, J.:-c—Belitimag the
,la if ter if the General
Assembly which repealed the of the Brie
and N or a B o g B a , mb d Co. b e entirely eon
stitutional, I agree with Mr. Justice Bluth and
Mr. Jtmeise Lowrie, is Wm* the isissetime
preyed for. I will merit' add, that in my lin
mat We tit was not only constitutional but char.
ly right, and that its terms are fully
. aa firms
'ids to the compeay an it had say nght to ex-
Pot
4110-
'MI6 The &ale °Mae fills the following
m ood joke. as tb. peeimapre were having doe
EA & stress Dort, • tons Owed Johns* setieed
a moo pameaser with trig, bind in Me vest
=4amd at the same tuft saw him drop a
' la'tl, wilkia Jainism plead up and my.,
T
Mood, hero is eiteMbisig that you bare
soli dro" and headed it to the *miler,
who ved
gave Johnoon a lea f contempt aid
ran sad end rtiplielk t erill d-4, yen eentilool
me, aid *bibs dm mesey, Jollin
ess ens tin bear a, had beard of the trap
Pay no dap& •
A Lowakir=—
ar Pilmuyi Noma, N. J.
ringiiik; ittypti 7 war oniiimaii
I :l4leliiediimits ,s if seesama
10046100
! t ii over LSO yen
brillbekliii
-V :4 C.l
NUMBER 41.