HUNTINGDON JOURNAI:
Waw; No. 172.]
TERMS
OF THE
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From the Gettysburg Star.
TO TILE PEOPLE OF -ADAMS CO,
FELLOW CITIZENS:--4 promised you a
wore extended account of the alarming
acts of the last mouth, which compelled
ase to withdraw from the Legislature.
The circumstances which lead to that
step, has been so falsely stated by guilty
partizans, that L am aware that calm im
partial truth will at present find it difficult
to command universal belief. But the
transactions of the period are too impor
tant to be omitted in history, and he who
shall be found worthy to write an endu
ring account of the rise and fall of our Re
public• ° of the establishment, & overthrow
of our Liberty, will discover the tendency
and do justice is the acts and actors of
this crisis.
Oe Thursday the 4th day of December
last, the members elect assembled at Har
risburg in accordance with the Constitu
tion,' to) organize the different Lranches of
the Legislature. It was known that sev
eral cases of contested elections were
likely to be presented to the several Hous
ea. It was doubtful which set of Senators
from the Huntingdon district, was enti. I
tied to their scats in the first instance, al- I though it was well known that the Anti-
Masonic members had received above I
three hundred more votes than their oppo.
vents. But, in consequence of the return
ledges from the several counties having
failed, to carry out the vote of Huntingdon
county; in their addition of the several re.'
turns, the Vat Buren candidates claimed
their seats on the organization of the Sen
ate, although, if the votes of Huntingdon
were included, they were in a large ml
amity; and although the votes of Hun
tangdon county wero regularly returned
by the returnjudges of that county, to the
Secretary of the Commonwealth, and by
bitn, to the Senate.
In the district composed of Chester,
Delaware and Montgomery, Mr. Brock
received a majority of seventeen votes
over his opponent, Mr. Bell: But in sna
king out copies for the return judges in
the Trap district, the Clerk wrote two
hundred and twenty six, [the number of
Totes cast for Mr. Bell,] so that it might
well be read two hundred and seventy six
although the true number (226) was car
ried out in figures. The return judges
.chose to read it seventy-six, and made up
their returns accordingly, thereby giving
Mr. Bell thirty-three of a majority in the
district. This they did from the fact of the
returns of the several counties, although
they had before them the (return, tally pa
pers, Judges and Clerks of the Trap Die
tnct, ready to prove the error. The coun
tvitlges decided, perhaps correctly, that
t]teir duty being merely clerical and not
judicial, they could not correct it.
In the county of Philadelphia, which e
lected two Senators, eight Representatives
and in districts, two members of Congress
the return judges met to 'add up' the votes
given in the several districts. C. J• In
gersoll appeared before them, and proved
that in the 7th Ward of the Northern Lib
erties, the judge [a Van Buren mangy had
lost the tally papers. That Ward gave a
lmost 300 majority for the Van Buren tick
et . Ingersoll asked, not that it should
he set aside, but that all the votes of all
the Wards of the N. Liberties, seven in
number, should be rejected, being near
6,008 in all, and giving to the Whig can
didates, about 1,000 majority—The law is
stplicit. The judges could do nothing
but 'add up' all the votes returned from
the several districts, without inquiring in
to their legality. '1 hat is reserved for the
several branches of the Legislature. The
Van Buren judges, however, determined
to 'add up' only the remaining districts,
after excluding the seven wards of the N.
Liberties.
The Whig judges determined to add up
all the votes given in the county, and call
upon all the return judges to furnish the
returns from their respective districts, 4'
did add up all the votes thus furnished,
seine of thejudges withholding theirs.
`llse returns thus legally 'addetl_tip,' were
duly sealed, directed to the Senate and
Iluuse of Representatives, handed to the
High Sheriff, and by him sent to the Sec
retary of the Commowealth, as directed
by law.__
The Van Buren judges added up a part
of the returns and refused to add up the
balance, although uttered to them. A
few days after they were disposed of in
the SheriMs office, as is supposed] al.
though that is not officially known. By
the returns made by those judges who
went upon the principle of casting up the
whole number of votes, and which were of
ficially trhnstnitted to the Secretary of
the Commonwealth, the Whig members
were elected by between one and two
thousand majority.
Several seats were to be contested in
both Houses upon the above and other re
turns. The manner of conducting these
contested elections, is regulated by the
Constitution and laws passed in pursu
ance thereof, and is easy to be understood
But the difficulty was likely to arise in or
ganizing the Houses as to who should
have their seats in the first instance.
By the law of 1799 applicable to all sin
ale county districts it is provided that 'as
soon as all the votes shall be read off and
counted, the Judges of each district, in
case the county be divided into districts
shall make out under their hands a fair
statement and certificate of the witnber of
votes which shall have been then and
there given fur each candidate, distinguish
in g the station or office he has voted fo",
which number shall be expressed in words
at length, and not in figures only; and
one of the said judges shall take charge
of such certificate, and, on the fourth day
alter the day of election', produce the
same in a meeting of one judge from each
district within the said county. at the
Court House, and for the city and coun
ty of Philadelphia. at the State House; for
which service he shall be allowed out of
the county Treasury; ten cents fur every
mile he shall have necessarily travelled,
in coming from his proper election dis
trict to the said Court House, and in re
turning therfrom to his. own home; and
the judges of the several districts of the
county so met, shall add together the num
ber of votes which shall appear to be giv
en for any person or persons who shall
thereunto be found to be highest in vote,'
or elected as Representatives, Senator or
other offices, and shall forthwith make,
out.duplicate returns of the election of,
such person or persons as shall be so e-
leeted and chosen to any office or station,
which the electors of the said county are
entitled to choose for themselves uncon
nected with any other county or district
and when a Governor is to be chosen,
like returns of all the votes given for any
person or persons for Governor; and hav
ing lodged one of the said returns in the
office of the Prothonotary of-the county,
shall enclose , seal and direct when the
same relates to the choice of a Governor,
to the Speaker of the Senate; when to the
election of a Senator or Senators, to the
Senate; when to a member or members of
the House of Representatives to the House
of Representatives; when to Sheriff' or
Coroners, to the Secretary of the Common
wealth; when to a Commissioner or Com
missioners for the county, to the Clerk of
the Court of Quarter Sessions of said coon
ty . And one of the judges shall deliver
the returns so sealed and directed to the
Sheriff' of the county, endorsing thereon
the time of delivering the same; and the
shei iff shall within fifteen days thereafter,
cause the return directed to the Clerk of
the Court of Quarter sessions, to be de
livered agreeably to the said direction; and
having received the returns of any district
for the election of Senator or Senators, or
one or more members of the House of Rep
sentatives, which may by , law be directed
to be completed and made out withen the
said - county, for the same election,
the
said Sheriff shall forthwith, by himself or
deputy, transmit thewhole of said returns
to the Secretary of the Commonwealth, so
that the I same shall, be delivered into
the Secretary's office within twenty days
alter the last of the returns shall have
been received by the said Sheriff . ; in which
case, and not otherwise, he shall be enti
tled to receive from the State Treasury,
on warrants drawn by the Governor, ten
cents for every mile ho stall necessary
travel, in going from and rflturning to his
proper county.
This is the whole law which has any
bearing in the Philadelphia county returns
which has been the pretext for so much
lawless conduct.--The returns made out
by the Judges who add AI up all the dis
tricts, which were furnished them, were
'enclosed, scaled and directed' to the
Sehate and House of Representatives;
then obe of the return judges endorsed
them 'official returns of the county of Phil
adelplria and signed his name as return
judge; delivered them to the Sheriff of the
county, who transmitted them to the Sec
retary of the Commonwealth as the offi—
cial returns. Being sealed, of course the
"ONE COUNTRY, ONE CONSTITUTION, ONE DESTINY."
A. W. BENEDICT PUBLISHER AND PROPRIETOR.
HUNTINGDON, PENNSYLyANIA, WEDNESDAY JANUARY 30, 1839.
Secretary had no right to inspect them;
and, if he could have divined their con
tents, he had no right to iudgo whether
they were true or false returns. He had
but one duty to perform—to transmit
them to the several houses to which they
were directed. They were the only re
turns from the county which he could
thus transmit, until the Houses were or
ganized and ei.pable of calling on him for
further information. Those returns might
be false, or the persons therein returned
as elected, might have been unduly elec
ted. The law supposes that such cases
might happen, and has provided the rem
edy in accordance with the constitution.
But that remedy could not be applied be.
cause the issue could not be made up un
til the members returned to the Secreta
ry, and by him to the house, had been du
ly sworn in.
Until then, no patties existed between
whom to form the issue. It is absurd to
say that the prima facic decision of the
contested seats in the House of Represen
tatives, can be postponed until all theun
disputed returns are read, and then those
members decide the disputed ones; be
cause, until the speaker is elected and the
members duly qualified, they are note
body competent to entertain any ques
tion. Every thing anterior to that, is a
mere consentable agreement among, so
many gentlemen. And by the constitu
tion and laws, there must be one hundred
members capable of votint , for speaker,
and taking their seats at the organization.
If the disputed seats are to be postponed
until such organization is perfected, it
would be easy to defeat it altogether, by
contesting all the seats, and having none
as umpires. This, however, is an entire
ly false view of the matter. The House
is competent! to take no vote as to the
right of members to seats. There must
in every instance, be sitting members
upon the returns furnished by the Secre
tary of the Commonwealth; and the only
way by which they can be unseated, is by
a petition presented by the claiming mem
bers, complaining of false return or undue
election of the returned members—and
that petition referred to a committee se
lected by lot, according to the act of
1791, whose re port is final and conch'.
sive.
He who suppdses that the Houses, or
the members thereof (except the commit
tee aforesaid) can by vote, determine ei
ther the prima facie or ultimate title to
seats, has examined the subject with little
attention, or little ability to understand it.
Never since the act of 1791 until the
Revolutionary proceedings, has it been
pretended, that if objected to, any mem
ber could take his seat on any other evi
dence than the return furnished by the
Secretary. So well established were the
law and the practice, that no difficulty
would have been anticipated in any of the
above named cases, had not certain party
organs given notice "that the lan Buren
members for the county of Philadelphia
should have their seats on the first day of
the session, and if it was resisted, twenty
thousand bayonets should bristle in Hat
risburg, and the best blood of the country
should flow in the streets." This was be
lieved, by most good citizens, to be but
idle gasconade, as it could not be suppo
sad that in a Republic, scarcely half a
century old, traitors could be found bold
and profligate enough, to bring an armed
mob to overawe the Legislature, and pro
cure byforce, what, if they were entitled
to, they could have legally obtained in a
few days: and what, if not entitled to,
might soon be made to appear; and whe
ther entitled to or not, enforcing it by a
rebelious multitude, is certainly and fa
tally destructive to liberty.
When the members had assembled at
the seat of government, a few clays be
fore the day of organization, it was as
certained that a large number of hired
ruffians had been brought from the su
burbs of Philadelphia, armed with deadly
weapons, to enforce the claims of the
I
Van Buren members to their seats; and,
as
some of the leaders declared, "to throw
the Legislature out of the windows," it
they refused it. The Anti Van Buren
members of the Senate and House of
Representatives, then assembled to delib
erate as to the proper course to be pursu
ed; and to consult as to the true legal
method of organizing both branches, that
they might do nothing unadvisedly and
nothing to be repented of. They held
two informal meetings on Saturday and
Monday. At each of these, Mr. Strohm,
a Senator from the county of Lancaster,
presided.—After full deliberation, and
examination of the Constitution and laws,
several resolutions, which I shall, In a
future number, give at length, were unan
imously passed, declaring, "that the only
legal mode of organizing in the first in
stance, was upon the returns furnished
through the Secretary; and that if it were
alleged that they were false, or fraudu
lent, that could be tried only accordin g to
the act of 1791, by a committee alter Mel
nrianisaliox.7,
Among the members of the Ilo.tse then
present, were Chester Butler and John
'Sturdevant el Luzerne, and John Monte
lius of Union county, making in all, fifty
two members of the House, and a quorum
of. the S:nate.
' On the first Tuesday, (the 4th) of De
cember, the members elect assembled in
the Hall of the House of Representa
tives. An unusual number of people
filled the galleries and lobby; several of
the aisles, and the open space in front of
the kipeaker's chair, were disliked up
with rude looking strangers; and the
chairs of several members were surroun
ded with rough, brawny bullies, My
seat had the honor of being guarded by
eight or ten of the moat desperate brew
lers of Kensington and Spring Garden,
who thrust themselves determinedly a
gainst my chair, and when I left it occa
sionally, one of them occupied it until my
return. Must of them wore coats with
outside pockets, in which their hands,
were generally thrust; and, as I after.!
wards satisfactorily ascertained, were ar
med with double barrelled pistols, Bowie
knives and dirks. Men of a similar des.'
cription and similarly accoutred, oceupi
ed the piatfoi m around the speaker's
chair. They seemed to be under the
guidance of such men as Jack Savage,
J. J. M'Cithen, Thomas C. Milller,
Leiper, Lewis Coryell, Charles Pray and
others, when several of my friends, see
ing my danur, endeavored to introduce
themselves between these ruffians and my
chair, Pray (a claiming member from the
county of Philadelphia,) came up and
whispered to them, "to stand dose and be
ready."
At the usual hour the Secretary of the
Commonwealth appeared, and announced
to the members elect that he delivered to
them "the official returns of the late elec
tion for members of the House of Repro
sentatives." He 0,., • , ited them on the
Speaker's chair and withu. A mem
ber elect then proposed that they shall Id
be opened and read; to which all agreed.
The clerk of the last House, who was
present, was the person • designated to
open and read them. This is usually the
case, although he is no longer in office,
having gone out with the House that elec
ted him On the second Tuesday of the
preceding October. But having ever'.
ence, he is generally selected for this
purpose. He did proceed to open and
read the returns, until he reached the
County of Philadelphia, (being near the
first.) Upon their being opened, Mr,
Pray rose and pulled from his pocket,
what he said was a certified copy of the
true return, alleging that the one opened
was a false return. Mr. Hopkins propo
sed that both should be read. Thos. S.
Smith, of the city of Philadelphia, rose
and objected to reading any paper but the
returns furnished by the Secretary of the
Commonwealth; declaring, that as the
House was not organized and capable of
voting on, or examining any contested
return, nothing could be done until a'
Speaker was elected, and the members
sworn in upon the returns officially fur
nished. That he hoped none who thought
that the legal mode, would vote on Mr.
Hopkins' proposition.
The Clerk, however, asked the gentle
man if ha should read both returns; some
said 'yes,' and lie did read them. After
he had finished reading all the returns, I
rose and stated (in substance) that a dif
ference of opinion as to the leal mode of
organizing the House, was lik ely to arise;
but as this was a government of laws, I
trusted no difficulties would arise to dis
turb our orderly proceeding. If either
party erred ih its judgment of the law,
that error could be peacably corrected by
the proper tribunals,
we were willing to
trust our case; and I hoped our opponents
would see the propriety of following the
same course, and doing nothing to disturb
the peace or sully the honor of the Coin
' monwealth. That I would propose that
we should proceed to organize by elec
ting a Speaker, and that the names of
those members returned by the Secretary
'should be called. If any gentleman
thought any other mode legal, they would
call such names as they pleased, and if in
so doing, two Speakers should happen to
be chosen, they certainly would be cour
teous enough to find room for both on the
Speaker's platform until the law decided
between them. 1 then named tellers Mr.
Watts and Mr. Zeiliii, and asking the
gentlemen if they were agreed, they an
swered affirmatively, and the tellers went
to the speaker's desk and called the names
of all the members returned by the Sec
retary—fatty-two of them voted for Spea
ker—several others answering but not
naming any candidate for speaker.
-
. .
General Cunningham was declared du
ly elected, and took the chair. Then for
the first time in a Legislative Hall, that I
have ever witnessed. a large number of,
persons in the gallery, lobby and hall, his
sed.
The oath was administered to the spea
ker by Mr, Smith, and by him to all the
members who presented themselves to
take it—fifty-two including himself. Mo
tions were made and committees appoin
ted to inform the Senate and the Gover
nor of our organization—and in order to
prevent, if possible, any collision with the
other body now organizing, a resolution,
offered by Mr. Crabb, was passed, fixing
oui time of meeting at 10 o'clock, A. M.
and 524 o'clock, I'. M. on the alternate
days of the week, 1 have suggested to the
other gentlemen to accommodate their
meeting to ihese hours. We then ad
journed to meet the next day at 2lo'clock
P. M.
While the House was thus organizing,
Mr. Hopkins moved that th? names of the
Van Buren men contained in the return
furnished by Pray should be added to the
list of members, and they be considered
members.
The question was put, and fortpeight
members elect, and a large number of the
'people" scattered through the House vo
ted 'aye'—and the clerk said it was car
ried, and installed Pray and his associ
ates at once as members! and immediate
ly after, in calling the names to elect a
speaker, called them, and not the mem
bers officially returned for the county.
The forty-eight who did not vote for
Mr. Cunningham, and the eight added as
above, proceeded to the election, and Mr.
Hopkins was elected speaker. He went
to the platform amid the loud shouts and
applauses of the mob! J. J. McCalien
and several of his associates. not mem
bers, mounted the platform wills him--
McCahen standing behind speaker Cun
ningham beckoning several of the mob to
take possession al the steps leading to
the speaker's chair, which they obeyed.
When the Speaker declared the House
adjourned, McCahau said, .you shall nev
er meet in this house again. "Phis fel
low was in no way connected with the
Legislature but has been for years an
ot-
Seer in the Philadelphia Post Office, re
signing occasionally on the morning or an
election, so as to qualify himself to act as
Clerk or Judge in 'Kensington District,
and being recommissioned the next day!
This is what the mob called 'protecting
their rights;' and the general government
'the purity of the elective franchise.' The
House of Representatives had, by its calm
and conciliatory coutse, given no pre
text for aall violence, and became or
ganised coMary to the determination of
the leaders of the mob. They expected
We should submit to taking votes upon the
legallity of returns before we were organ-
tzed, when they shotild be able to intim
idate the weak and dictate their course,
Mortified at being foiled, they held a
meeting at which General Miller presided,
and resolved to go to the Senate and
"claim their rights." The Senate met at
three o'clock and proceeded to organize
upon the same principles that the House
had adopted. ifhen the Philadelphia
county returns were read, Mr. Brown
presented certified copies of returns sim
ilar to Pray's, and Mr. Rogers moved that
they be read as the true return?. The
Speaker decided that no returns could be
read in the first instance but those fur
nishcd by the Secretary of the Common.
wealth. They having returned• Messrs.
Hanna and Wagner, they appeared and
were sworn in, In the meantime, Mr.
Cloplan and others, members elect, but
not sworn in, attempted to address the'
Senate, but were called to order by the
Chair, not being yet qualified to act as
members. Much confusion existed in the
gallery. After Hanna and Wagner were I
sworn in, Brown atti mpted to address the
Senate, but was called to order, not being
a member. Persons in the gallery then
cried out, 'hear him!' 'hear bun!' 'Brown,
Brown!' 'You shall hear Brown!' John
Snyder called out 'ride the Speaker on a
rail!' When hundreds cried out 'a row!'
'a row!' jumped over the railing into the
lobby, and in spite of all the efforts of the
Sergeant-at-Arms, Door Keepers and
their assistants, rushed into the Senate
Chamber, headed by McCahen, Pray and
others, continuing to yell 'Give us our
rights!' We will have our rights!' 'Re
consider your vote!' 'You shall admit
Brown and Stevenson!' • 'Hanna and
Wagner shall resign!' We will have
our rights or blood!' 'We will have Bur
rowea , Stevens', and Penrose's blood"
'Down with Stevens,— Down with Bur
rowes!' You shall hear Brown!' All
was then confusion and alarm. Brown
was pei mated to proceed, sometimes ad
dressing the Speaker, but generally his
'fellow citizens,' as he called the ruf f ians
behind him, descanting upon his and their
rights, and they answering him with cries
for 'blood." and for the 'lives of Penrose,
Burrewes and Stevens.' Their fury in
creased and was fomented by their lead
ers. Mr. Burrowes and myself were
standing in front of them, near the fire.
We were urged several times to with
draw as the only means of safety and of
preventing the effusion of blood. Mr.
Penrose, the Speaker, finding it impoesi.
[ VOL. IY, No. 16
Isle to restore order, belt the Chair, put
tit% Mr. Rogers in it; a man of their own
party, who told the Speaker that if he did
nut leave he mild not be protected. Pri
vate information was conveyed both to
Mr. Penrose and myself, by persons from
the crowd, that they heard the ruffians
arranging it to 'stab' or 'knife' us. Mr.
Burrowes, following the advice of a very
cool and judicious gentleman from Phil* •
delphia, had left the house by a back win
dow; and as the tumult grew thicker and
nearer, after dark Mr. Penrese and myself
di.l the same, and were followel by a
large number of gent!emen, Senators and
me.nbers of the blouse, as well as others.
We had scarcely got behir.d the Treasury
building, when twenty or thirty of the
mob broke out of the Capitol, and run
around to the window whence we esca
ped. On seeing it open, a person present
testifies that thy said 'we are a minute
to late—and inquired for Mr. Penrose-
We went to the Secretary's and front
thence to the Governor's. Neither of us
returned to our lodgings that night. I
was informed by those not likely to be
deceived, that my path I. as wayliiid by at
least three parties of assassins. One of
thegang had been heard to say. 'that I
should be in the Susquehanna bfore mor
ning.'
Alter the Senate was thus adjourned.
the people, as this mob is styled by . their
leaders, took undisturbed possession of
the Senate Chamber, their chieftains
mounting the Senators' desks, and preach
ing sedition and bloodshed.
That night they re-assembled in the
Court House, General NI iller again in the
chair, and resolved 'that the Goveruntent
was at an end, and appointed a Commit
tee of safety to carry on the Govetnment
of the State: Their orators, Barton,
Penniman and others, told them to call on
the Secretary for other returns, and if he
did not give them, ghen,"then,'---
said they, slapping their fists together.
and making significant signs of assassina
tion! They urged them 'b go to the
Capitol the next day and demand their
rights, and if they were not granted, TI
CAPITOL SHOULD SMOA,T It 12
1 BLOOD!' They appointed several coin s
mittees to 'take came of the Government.'
Among the Committee of Safety some of
our own citizens, Gem Miller, Col. Irvine
end others, found an honorable place.
The next day the Capitol was filled
xvitli the rioters. The Senate slid not at
tempt to meet except to adjourn through
a deputed Speaker. Mr. Spackman went
to the House at the request of the Speak
er, to adjourn it, but found it filled by
the mob, even to the Speaker's chair; and
when he attempted, with resolute firm.
ness, to discharge his duty, he was seized
and dragged out of the House, amidst vi
olent tumult—many escaping through the
windows.
The keeper or the Arsenal had garri
soned it with a few men, to protect the
arms, when the mob surrounded and at
tempted to force it. I ought not perhaps,
to say 'mob,' they were insurgents regu
larly officered. General Diller had the
command of them; and aided by General
Miller and severa other officers of less
note and infamy, drilled them fur about
three hours on Capitol-hill. As nearly as
could he ascertained, without seeing the
muster-roll, there were nearly four hun
dred men in rank. •
In thi meantime, the 'Provisional Goy•
ernment' was in session at Chase's tavern,
receiving reports, appointing committees,
and despatching agents to the different
counties to raise funds and 'minute men
to ~ p rotect the rights of the Philadelphia
butchers!' Neither the Governor n
Secretary of the Commonwealth dared to
g4to their Executive chambers, & the ob•
noxious members of the Legislature were!
compelled to stay away from the Capitol,
on pain of instant death. Nor could they
with safety, appear in the street nor in the
bar-rooms of the public houses,' until the
arrival of the troops under General Pat
terson.
I have been thus minute, and I fear,
tedious, in relating particulars, because
the actors and leaders in these scents,
with the effrontery of practiced felons
deny that there was any mob—any out
rage! They say 'that none were assem-,
bled 'there but good peaceable citizens, an
sinus to protect their 'rights,' and 'that
the virtuous indignation of the injueed
people, grieving over the wrongs they sat-
tered.'
If there was no mob, no tumult;—if the
Legislature was not des dyed, and gov
ernment broken up;—why appoint a com
mittee of Safety ? Why have a 'Provis
ional Government?' Why have a Com
mander of Arms, if the ot,ereer was stilt
Commander in Chief/ by raise 'min
ute men? in lierks, York, Northumberland
and elsewhere, if there was no Revolu
tion?
But, v. ho where those virtuous 'Teeple
who became so indignant at the infrac
tion of their rights? They were not the