The journal. (Huntingdon, Pa.) 1839-1843, December 15, 1841, Image 1

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    VoL. VI, No. 50.]
TYI7-11Z0
OF TIIF.
HUNTINGDON JOURNAL.
Lite''"JOURNAL" will be published every
Wedn,sday morning, at two dollars a year,
p,tid IN ADVANCE, and if not paid with
ia six months, two dollars and a half.
Every perstin who obtains five subscribers,
and forwards price of subscription, shall be
f with.t sixth cupy gratuitously for
year.
No stthscription received fora less period
tit in A ix inAntits, nor any paper discoutthued
nti I arrearages arc paid.
;1"7" 1.11 communications must he addressed
t!i. VAlitor, rosy PAID, or they will not
!, attended tn.
.I , iv,rtisements not exceeding one square,
,ill be inserted three times for one dollar,
tail for every subsequent insertion, twenty
cioits per square will be arirged. If no
orders are given as to the time an
, ir-rtisement is to he continued, it will be
in till ordered out, and charged actor•
AGENTS
T.`ae II I anlinztlon Journal
Daniel Teague,Orbisonia; David pair,
Shade Galt; Benjamin Lease. Shirleye
burg; Eliel Smith, Esq. Chilcottstown; Jas.
Entriken. jr. Ceffee Run; Hugh Madden.
Esq. .7/wing:field; Dr. S. S. Dewey, Bir
mingham; James Morrow. Union Furnace;
John Sister. Warrior Mark• ' James Davis,
West township;
D. H. Moore. Esc!
Frankstown; Eph. Galbreath. Esq. Holli
daysburg; Henry Nell. Alexandria; Aaron
Burns, Williamsburg; A. J. Stewart, Water
Street; Wm. Recd. Esq. Morris tomehip;
Solomon Hamer. Atyre 11111 l; James Dysart,
Mouth S/truce Creek; Wm. Murroy, Esq.
Graysville; John Crum. Manor Hal; Jas.
E. Stewart. Sinking Valley; L. C. Kessler
Mill C reek.
CIRPHANCJIMT SALE
WILL be sold by order of the Or
phans' Court of Huntingdon and
Bedford counties, on the premises, in Dub
lin township, on II ed nesday the 15th day
of December, A. 1). 1841, a certain tract
of land situated on either side of the
county line between Huntingdon and Bed
ford counties, containing about
500 Acres,
more or less, about 90 acres cleared, and
under fence; and about 12 acres of which
is meadow, and about 40 acres can be
made excellent meadow. Thereon eree
ted two log houses, two stories
high, a double log barn, all shing•
ii tea ; and also two apple ;
orehai its. There is also
agood water power on the A ugh
wick creek, which runs through
the tract; and the woodland is heavily
timbered with white pine. There is a
never tailing spring and spring house near
the dwelling. The whole land is tillable
except 8 or 10 acres. All the buildings
are situated in Bedford county, within
a half mile of the State road leading from
Philadelphia to Pittsburg, and within 15
miles of the turnpike leading trom Phila
delphia to Pittsburg.
The terms of sale will be made known
on the day of sale. Any persons wishing
to purchase, can see the land or ascertain
the terms at any time previous to sale, by
calling on either of the undersigned,
HENRY MATIiIAS, Ex'rs. of Philip
JOHN MATHIAS, S Mut/litre, dec'd.
Nov. 10, 1841.
Auditor's Notice.
VITIHE undersigned Auditor . appobited
by the Orphans' Court of Hunting.
don county, to apportion and distribnte
the balance in the hands of David Snare,
Ad ministratoi of Martha Miller, dec'd. to
and among the creditors of the said dec'd
hereby gives notice that he will attend for
that purpose, in the room occupied by the
Post Office, at Huntingdon, on Friday, the
24th day of December next, at 2 o'clock,
P. M.
THOMAS FISHER, Auditor.
Nov. 24, 1841.
Notice.
To the heirs of M'rgarct Messencope,
late of Hopewell Township, Huntingdon
county, Pennsylvania, deceased, or their
alienees, notice is hereby giv'.`m:
That in pursuance of a writ or order is
sued by the Orphans' Court of said county,
an Inquest will be held on the premises on
Wednesday the 22d December ne%t, to part
and divide amongst the heirs of said de-ceas
ed or their al inees, or to value and apprise
the real estate of said deceased, consisting
of a tract of land situate in Hopewell town
ship aforesaid containing one hundred and
fifty acres, with a small house and barn
thereon erected.
JOHN SHAVER, SINE
Huntingdon Noy. 23d 1841.
DUCKS PANACEA, just received
IHE and tOr sale at the Drugstore of
T. K. SIMONTON, Agent.
Huntingdon, Dec, 1, 1541.
- .
173-A
HUNTINGDON, PENNSYLVANIA, WEDNESDAY, DECEMBER 15, 1841
TEMPERANCE SONGS.
Ant--!Rosin the Bow."
C ome, join in nur Temperance army;
And l'tl oa the IV.hington badge;
I'm sure teat it ever will barm•you,
To give in your name to the pledge!
We've done with our days of carousing,
Ono nights to et froliksoine glee;
For now with our sober minds choosing,
We've pledged ourselves never to spree!
Not even to handle the evil,
Not even to taste the old bowl;
N.A (wen to look at that devil,
That ruins both body and soul.
They callus oil !woken down topers;
And they may say just what they will;
But once we were very good loafers.
When our money went into their till!
But we've broken the charm of their glasses,
And mended the joys of our home;
Our wives and our little ones' laces
Wear a gladness instead of a gloom.
Our garments are sound now and decent;
Our pocket s with money are lio'd !
Our friends when they meet us arc pleasant,
And even the LADIES look kind!
We've launch'd nut a Cold Water Frigate,
And call'd it the Temperance Ship;
nd invite you to help us to rig it,
AAnd join in unr tetotal triF ?
She's full• ensued in her crnising,
From piracy, shidwreck and fire;
And yen may be sure of not losing
Yor wages or character by her.
Her crew are r. ca honest and hearty;
Her cargo is plenty and peace,
Come j,,in then our tetotal party,
And all your old sorrows will cease.
We're hnunci for a haven of gladness.
And all the world's joining our crew,
I'm sure tlic,l 'tis folly and madness,
If you'll not embark with us too !
Hurrah for the WashinF;ten banner,
That floats o'er our Temperance ship!
Come on then ye Harties, and man her,
And take a long tetotal trip!!
AND ARE YOU SURE THE. NEWS
IS TRUE.
Tuxe—' There's nae luck about the haute.'
And are you sure the news is . true?
And are you sure he's signed/
I cant believe the irriful tple
And leave my friends behind.
If John has signed and drinks no more
The happiest wife am I
That ever swept a cottage hearth,
Or sung a lullaby.
For there's nae luck about the house,
There's nae luck at a'
And garm's the comfort o' the house
Since he to drink did fa. •
Whose eye so kini, whose hand so strong,
Whose love so true will shine?
Übe has bent his heart and hand
The total pledge to sign.
But what puts breaking in my head?
I trust he'll taste no more,
Be still, 'be still, my breaking heart,
Clark! hark! he's at the door!
Forthere's nac luck about the house,&c
And blessings on the helping hands
That sent him back to me,
Haste, haste, ye little ones and run
Your father's face to see.
And are you sure my John you've signed?
And are you sure 'tis *tan
nen mine's the happiest, brightest home,
On temperpnce sbores at last.
There's been nae luck about the house.
And now 'tie comfort a,'
And heaven preserve my aiu good man
That he may never fa.
TIME —"Bounaparte crossing the Rhine."
.IPROM the cold northern lakes
AL To the fair Southern clime,
Our standard is lifted
O'er sorrow and crime.
From the broad ocean plains
To the far Western hills,
The loud voice of fr,emen
The patriot-heart thrills.
'Tie the *bursting joys
lOf tho thousands released,
From the pains of their bondage,
To freedom and peace.
'Tie the herald of victory—
Crying "make room"
For the day-star that
Pierces "the darkness and glooml"
And beneath her bright radiance
I s marching along,
The temperance legion
In gladness and song.
Shouting "here are your lost ones
ICome back to the fold—
And our names on the scroll
To the pledge are enroll'd.
Come join with us fathers.
And brothers, come all;
Let your bosoms the answer
Return to our call.
To our social communion
Come in—ohl come in,
And be guarded by wisdom
From ruin and siii.
"ONE COUNTRY, ONE CONSTITUTION, ONE DESTINY."
A. W. BENEDICT PUBLISIIRR AND PROPRIETOIL
TUESDAY, December
We have received and present our rea
tiers the
PR ESIDENT'S MESSAGE.
lb the Senate and House of Represen.
ta.firocs of the United States.
In coining together, fellow citizens, to
enter again upon the discharge of the du
ties with which the People have charged
us, severally, we find great occasion to
rejoice in the general prosperity of the
country. We are in the enjoyment of all
the blessings of civil and religious liber
ty, with unexampled means of education,
knowledge and improvement. Through
the year which is now drawing to a close,
peace has been in our borders, and plen
ty in our habitations; and although disease
has visited some few portions oldie land
with distress and mortality, yet in gener
al the health of the People has been pre
served, and we arc all called upon, by the
highest obligations of duty, to renew our
thanks and our devotion to our ileavenl
Parent, who has continued to vouchsafe
to us the eminent blessings which sur
round us,and who has so gencrally crown
ed the year with his goodness. It we
find ourselves increasing, beyond exam
ple, in numbers, in strength, in wealth,
in knowledge, in every thing which pro
motes human and social happiness, let us
ever remember our dependence, for all
these, en the protection and merciful dis
pensetions of Divine Providence.
Since your last adjournment, Alexand
er McLeod, a British subject, who was
indicted for the murder of an American
citizen, and whose case has been the sub
ject of a correspondence heretofore com
municated to you, has been acquitted by
the verdict of an impartial and intelligent
jury, and has, under the judgment of the
Court, been regularly discharged.
Great Britain having made known to
this Government that the expedition which
was fitted out from Canada for the de
struction of the steamboat Caroline, in
• the winter of 1857, and which resulted in
the destruction of said boat, and in the
death of an American citizen, was under
taken by orders emanating from the atni
thorities of the British Government in
Canada, and demanding the discharge of
McLeod upon the ground that, if ene•veil
in that expeditions, he did but fulfil the
orders of his Government, has thus been
answered in the only way in which she
could be answered by a Government the
powers of which are distributed among its
several departments by the fundamental
law.---Happily for the people of Great
Britain, as well as those at the United
• States, the only mode by which an indi
vidual, arraigned for a criminal ()Renee,
before the Courts of either, can obtain his
• discharge, is by the.independent action of
the judiciary, and by proceedings equally
familiar to the Courts of both countries.
It in Great Britain a power exists in the
crown to cause to be catered a nolle pros•
equi, which is not the case with the Exec
utive power of the United States upon a
prosecution pending in a State Court; yet
Mere no mute than here can the Execu•
tive power rescue a prisoner from custody ,
without an order of the proper tribunal
directing his discharge. The precise
stage of the proceedings at which such or
der may be made, is a matter of municip •
al reg ulation exclusively, and not., to. be
compained of by any other government.
—ln cases of this kind a government be
comes politically responsibly only, when
its tribunals of last resort are shown to
have rendered unjust and injurious judg
ments in matters not doubtful. To the
establishment and elucidation of this prin
ciple no nation has lent its authority more
eflicientlythanGreat Britain.
. .
Alexander McLeod having his option
either to prosecute a writ of error from,
the decision of the Supreme Court of New
York, which had been rendered upon his
application for a discharge to the Supreme
Court of the United States, or to sJbtnit
his case to the decision of a jury, prefer! ,
ed the latter, deeming it the readiest mode
of obtaining his liberation, and the result
has fully sustained the wisdom of his
choice. The manner in which the issue
submitted was tried, will satisfy the Eng
lish government that the principles of
justice will never fail to govern the en
lightened decision of an American tribu
nal. 1 cannot fail however, to suggest to
Congress the propriety and in some de
gree the necessity of making such provi
sions by law, so tar as they may consti
tutionally do so, for the removal at their
commencement and at the option of the
parts, of all such cases as mai hereafter
arise, and which may involve the faithful
ebAervance and execution of our inter
national Oli.ations, from the State to the
Federal Judiciary. This Government,
by our institutions, is charged wi'h the
maintenance of peace and the preserva
tion of amicable relations with the nations
of the earth, and ought to possess, with
out question, all the reasonable and prop
er means of maintaining the one and pre
serving the other. W hitst just confidence
is felt in the Judiciary of States, yet this
Government ought to be competent in it
self for the fulfilment of the high duties
which have been devolved upon it under
the organic law by the States themselves.
In the month of September, a party
of armed men from Upper Canada, inva•
ded the territory of the United States, and
forcibly seized upon the person of one
Grogan, and, under circumstances of great
harshness, hurriedly carried him beyond
the limits of the United States, and de
livered him up to the authorities of Up-.
per Canada. His immediate discharge
was ordered by those authorities, upon
the facts of the case being brought to their
knowledge—a course of procedure which
was to have been expected from a nation
with whom we are at peace, and which
was not mere due to the rights of United
States than to its own regard for justice.
The correspondence which passed be
tween the 'Department of State and Brit
ish Envoy, Mr. Fox, and with the Gov
ernor of Vermont, as soon as the facts had
been made known to this Department, are
herewith communicated. I regret that it
is not in my power to. make known to you
an equally satisfactory conclusion in the
case of the Caroline steamer, with the
circemstances connected with the destruc
tion f. which in December, 1537, by an
armed force fitted out in the Province of
Upper Canada, you are already made ac
quainted. No such atonement as was
due far the public wrong done to to the
United States by the Invasion of her ter- •
ritor . 7, so wholly irreconcilable with her
right; as an independent power, has yet
been made. In the view taken by this
gove:nment, the inquiry whether the ves
sel as Is in the employment of those per
sons who were prosecuting an unauthor• '
ised war ag ainst that Province, or was en ,
gaged by the owner in the business of
transnartinm ' passengers to and from Navy
island in hopes of private gain, which
was most probably the case, in no degree
alters the real question at issue between
the two governments. This government
can never concede to any foreign Gov.
ermarrit the power, except in case of she
most urgent and extreme necessity, of in- •
vattirF its territory, either to arrest the
persons or destroy the property of those
who may have violated the municipal
laws of such foreign Government, or iIRVO
disregarded their obligations arising un
der the law of nations. The territory of
the United States must be regarded as sa
credly secure against all invasions, until
they shall voluntarily acknowledge ina
bility to acquit themselves of their duties
•I to others. And in announcing this sen
timent, I do but affirm a principl: which
no nation on earth would be more ready
, to vindicate,at all hazards, than tho
plc and Government of Great Britain.
If, upon a full investigation of all the
facts, it shall appear that the owner ot the
Caroline was governed by a hostile intent,
or had made common cause with those
who were in the occupancy nt Navy Is
! land, then, so far as he is concerned, there
can be no claim to indemnity for the de•
'struetion of his boat, which this govern.
went would feel itself bound to prosecute
since he would have acted not only in
derogation of the rights of Great Britain,
but in clear violation of the laws of the
United States ; but that is a question
which, however settled, in no manner in
volves the higher consideration of the vi
olation of territorial sovereignity and ju•
rittlietion. To recognise it as an admis
sible practice that each Government, in
its turn, upon any sudden and unauthor
ized outbreak, which, on a frontier the
extent of which renders it impossible for
either to have an efficient force on every
mile of it, and which outbreak therefore,
neither may be able to suppress in a day,
may take vengeance into his own hands,
and without, even a remonstrance, and in
the absence of any pressing or overuling
necessity, may invade the territory of the
other, would inevitably lead to results
equally to be deplored by both. When
border collisions come to receive the sane•
tion, or to be "made on the authority of
either Government, general war must lie
the inevitable result. While it is the ar
dent desire of the United States to culti
vate the relations of peace with all nations
and to fulfil all the duties of good neigh
borhood towards those who possess tern•
tories adjoining their own, that very de
sire would lead them to deny the right of
any foreign power to invade their bounda
ry with an armed force. The correspend.
euce between the two Governments on
this subject will, a future day of your ses
sion, be submitted to your consideration;
and in the mean time, I cannot but in
dulge the hope that the British Govern
ment will see the propriety of renouncing,
as a rule of future action, the precedent
which has been set in the affair at Schlos
ser.
1 herewith submit the correspondence
which has recently taken place between
the Ameticam Minister at the Court of St.
James, Mr. Stevenson, and the Minister
of Foreign Affairs of that Government, on
• the right claimed by that Government to
visit and detain vessels sailing under the
American flag and engaged in prosecuting
lawful commerce in the. African seas.
Our commercial interests in that region
have experienced considerable increase,
Lund have become an object of much int
parlance, and it is the duty of this Govern
ment to protect them against all impro,,er
and vexatious interruption. Howeverde
sirous the United States may be for the
' suppression of the slave trade, they can
not consent to interpolations into the mar
itime code, at the mere will and pleasure
of other governments. NVe deny the
right of any such interpolation to any one,
or all the nations of the earth, without
our consent.—We claim to have a voice
in all amendments or alterations of that
code—and when we are given to under
stand, as in this instance, by a foreign
government, that its treaties with other
nations cannot be executed without the
establishment and enforcement of new
principles of maritime policy, to be up. •
plied without our consent, we must ems
ploy a language neither of equivocal im
port, nor susceptible or misconstruction.
American citizens prosecuting a law
ful commerce in African seas, under the
flag of their country, are not responsible
!Or the abuse or unlawful use of that flag
by others ; nor can they rightfully on ac
count of any such alleged abuses, be in
terrupted, molested, or detained, v bile
on the ocean ; and if thus molested and
detained, while pursuing honest voyages,
in the usual way, and violating no law
themselves, they are unquestionably en•
titled to idemnity. This government has
manifested its repugnance to the slave
trade in a manner which cannot be mis
understood. By its lundamental law, it
prescribed limits in point of time to its
continuance; and against its own citizens
who might so far forget the rights of hu
manity as to engage in that wicked trat•
fir, it has lung . since, by its municipal
laws, denounced the most condign pun
ishment. Many of the States composing
this Union, had made appeals to the civil
zed world for its suppression, long be
fore the moral sense of other nations had
become shocked by the iniquities of the
traffic. W Nether this Government should
now enter into treaties Containing mutual
stipulations upon this subject, is a goes-
Con for its mature deliberations.
Certain it is, that if the right to tit taio
American ships on the high seas can be
justified on the plea of a necessity for
such detention, arising out of the exis•
tense of treaties between other nations,
the same plea may be extended and en
larged by the new stipulations of new
treaties. to which the United States may
not be a party. This government will
not cease to urge upon that of Greet Brit
sin. fall anti ample remuneration thrall
losses, whether arising from detention or
otherwise, to which American citizens
have heretofore been, or may hereafter he
subjected, by the exercise of rights,
which this government cannot recognise
as legitimate and proper. Nor will 1 in
dulge a doubt but that the sense of jus
tice of Great Britain will constrain her to
make a retribution for any wrong, or loss,
which any American citizen engaged ID
the prosecution of• lawful commerce, may
have experienced atthe hand of her cruiz
ers, or• other public authorities. 'nits
governmt nt, at the same Mite, will relax
no effort to prevent her citizens, tf there
be any su disposed, from prosecuting a
traflice so revolting to the feelings of hu
manity. It seeks to do no more than to
protect the fair and honest trade, trout ino
lestation oi• injury; but while the enter
pr.sing mariner•, engaged in the pursuit of
an honorable trade, is entitled to its pro
tection, it will visit with condign punish
ment, others of an opposite character.
I invite your attention to existing laws
for the suppression or the Ali ican slave
trade, and recommend all such alterations
as may give to them greater force and eta
ficiency. The American flag is grossly
abused by the abandoned anti profligate
of other nations, is but too probable. Uon
gress lois, not long since, had this sub
ject under its e ,, nsideratiun. and its im
portance demands renewed and anxious at
tendon.
ako communicate herewith the copy
of a correspondence between Mr Ste
venson and Lord ralmerston upon the
subject so interesting to several at the
Southern States, of the rice duties, which
resulted honor,bly to the juStice at Great
Britain, and advantageously to the lJni
ted States.
At the opening of the last annual ses•
sion, the President inlerined Congress of
the progress which had been made in ne
gociating a conventitri between this gov
ernment and that of England, with a view
to the Ithal settlement ol the question of
the boundary between the territorial limits
of two countries, I regret to say that
little further advancement of the object
has Imp accomplished since last year;
but this is owing to circumstances no way
indicative of Any abatement of the desire
of both parties to hasten the negotiation to
its conclusion, and to settle the question
in dispute as early as poss:ble. In the
[WITOLE No. 310•
course of the session, it is my hope to be
able to announce some further degree of
progress towards the accomplishment of
this highly desirable end.
The -s ciiMinission appointed by this gov
ernment for the exploration and survey of
the line of boundary separating the states
ot Nlaitie and New Hampshire from the
conterminous British Province is, it is be
lieved, about to close its field labors, and
is expected soon to report the results of its
' examination to the Department of State.
'f•ln• report, when received, will be laid
before Congress.
The failure on the part of Spain to pay
with punctuality, the interest due under
the Convention of t 834, for the settle
ment of claims between the two countries
has made it the duty ot the Executive to
call the particular attention of that Gov
ernment to the subject. A disposition has
been manifested by it, which is believed
to be entirely sincere, to fulfil its °Win
tioris, in this respect, so soon as its inter
nal condition and the state of its finances
will permit. An arrangement is in pro
gress, from the result of which, it is trus
ted that those of our citizens who have
claims under the convention, will at no,
distant day, reccive the stipulated pay
ments. _
A Treaty of Commerce and Navigation
with Belgium was concluded and signed
at Washington on the 29th March, 1840.
and was duly sanctioned by the Senate
of the United States. The trea'y was
ratified by his Belgium I‘lnjesty, but did
not receive the approbation of Belgian
Chambers within the time limited by its
terms, and has therefore, become void.
This occurrence assumes the graver as
pect from the consideration that in 1833,
a treaty negotiated between the two Gov.
mu:lents, and ratified on - the part of Bel
gium. The Representative of that Gov
ernment, at Washington, informs the 1)e•
partment of State that he has been in
structed to give explanations of the caus
es which occasioned delay in the approv
al of the late Treaty by the Legislature,
and to express the regret of the King at
the occurrence.
The joint commission under the Con
vention with Texas, to ascertain the true
boundary hetwo en the two countries, has
moiwiuded its labors; but the final report
At the commissioner of the United States
has nut been received. It is understood,
however, that the meridian line as traced
by the commission, lies somewhat further
East than the positioirhitherto generally
assigned to it, and consequently, includes
in Texas seine part of the territory which
had been considered as belonging to the
States of Louisiana and Arkansas.
The United States cannot but take a
deep interest in whatever relates to this
young, but growing Republic. Settled
principally by emigrants from the U. S.,
we have the happiness to know that the
great principle of civil liberty are there
destined to Olourish under wise institu
tions and wholesome laws; and that
through its example, another evidence is
to be aflintled of the capacity of popular
institutions to advance the prosperity, hap
piness and permanent glory of the human
race. The great truth, that government
was turtle for the people, and not the peo
ple for government, has already been es
tablished in the practice and by the exam
pie of these United States; and we can
do no other than contemplate its further
exemplification by a sister Republic with
the deepest interest.
Our relations with the independent
states of this hemisphere, formerly under
the dominion of Spain, have not under
none any material change within the past
• year. The incessant sanguinary conflicts
in, or between these countries, are to be
greatly deplored, as necessarily tending
to disable them from performing their du
ties as members of the community of na
tions, and rising to the destiny which the
position and natural resources of many of
them might lead them justly to anticipate,
as constantly giving occasion, also, direct
ly or indirectly, for complaints on the
part of our citizens who resort thither for
purposes of commercial intercourse, and
as retarding reparation, for wrongs alrea
dy committed, some of which are by no
means of recent date.
The failure of the Congress of Ecua •
dor to hold a session, at the time appoint
ed for that purpose, in January lust, will,
probably render abortive a treaty of com
merce with that Republic, which "reign
ed at Quito on the 13th of June, 1839,
and had been duly ratified on our part,
but which required the approbation ofthat
body, prior to its ratification by the Ecu
adorian Executive.
A Convention which has been conclu
ded with the/Republic of Peru, providing
Fur the settlement of certain claims of the
citizens of the United States upon the gev
eminent of that Republic, will be duly
submitted to the Senate.
The claims of our citizens against the
Brazilian government, originating from
captures, and other causes, are stilt un
satisfied. The United States, have, how
over, so uniformly shown a disposition (0
cultivate relation: of amity widLtliat