From the Penn'a. Intelligences. The apportionment Parsons to the contrary notwithstanding. . flow then could the sheriffs answer to the The election of members of Congress— People for depriving them of a legal elec. The duty of the Sherif —The Veto tion 1 The sate way, then is for the sher- Power in the State Constitution a via- iffy to obey the law—the statute book is lotion of the Constitution of the United their only guide, be the consequences States, when exercised on an Appor- what they may. The Governor's word tionment Bill. is not law--his circular cannot suspend a In our last was published a circular ad- law and he himself is not only VlOLA dressed to the several Sheriffs of this TING the law, but the Constitution of the Commonwealth, by A. V. Parsons, Secre. United Stales, in undertaking . to deprive tary of this Commonwealth, stating that it the people of an election, enjoined upon was unnecessary for them to do their duty them by both. and obey the law of the land by inserting Theie is another consideration, which in their proclamations a notice of the elec• ought to have some weight, with both the tion of members of Congress. people and the sheriffs. It is a question, Mr. Parsons states that he is instructed yet undecided, whether the Governor's by the Governor to say, that the appor• signature is necessary to an apportionment tionment bill, which was the:object of the bill. The Constitution of Pennsylvania extra session, and which passed both Is silent upon this subject, and the same Houses by a large majority, and one languag e is used in the constitution of the House by two-thirds, will nut receive the United States, in reference to the election Executive sanction, and this extraordinary of Senators and Representatives in Con season is given why the Sheriffs should, gress. The reason is plain, as it was under the solemn obligations of their oaths never intended that one man should have and duty disregard both the Constitution the power to prevent the States from being and the laws. represented. Consequently the Senators Under the unrepealed law of that State, are elected by the Legislature without the Sheriffs of Louisiana have lately held the concurrence of the Governor, and can an election and the people have voted for not the Legislature prescribe times, places members of Congress, although it was and manner of electing Representatives known to all, that the members elect without the consent of Executive Officers? would not represent the State in the new' Can it be supposed that it was even in• tended that a Governor elected for three Congress, under the new census of 1840. Uuder the UNREPEALED LAWS of four, or more years should have the pow- Pennsylvania, the Sheriffs and People, er to prevent elections to Congress, and are equally BOUND to do their duty, un- dissolve the Union in defiance of the peo• leas it can be shown that a circular of a pie and their representatives? That it Secretary of the Commonwealth can, not was never intended, is clear from the fore-1 , ealy set aside the Constitution and the going, as well as the fact that a large ma- Laws, but deprive the people of the right jority of the States of this Union are now of election, and the State of a represents- represented in Congress under apportion. tiun in Congress: Iment bills which required and received no The Sheriffs have nothing to do with signature from the Governors. the Apportionment Bill. They have no There are but eight States in the Union, business to inquire Whether an election unless Michigan makes nine, that give would be valid or not. Neither they nor their Governors power to prevent the the Secretary of the Commonwealth, nor passage of laws unless sanctioned by two the Governor are judges of the qualifies-Ithirds of the Legislature. These States tons of members—like the Sheriffs of are Pennsylvania, Louisiana, Georgia, Louisiana, they must obey the Law, an d Mississippi, Maine, New York, Hew that LAW IS POSITIVE AND IN Hampshire and Massachusetts. The FULL FORCE. Governors of Kentucky, Indiana, Alabama, The Constitation of Pennsylvania is si. lent on the subject of members of Con dress, and they are not mentioned in that ocument, except to prohibit them from bolding or exercising any office to which coy salary fees or perquisites, are by law annexed. The following is copied from the Con. stitution of the United States, and com prises all that is said in that instrument, relative to the obligation of the people to sentative,, chosen every seConTe House of Repre the several States. "f members 1.--Sec. 4. The times, place4 . at manner of holding elections for Senators and Representatives, shall be prescribed by the Legislature thereof; but the Con gress may at any time, by law, make or alter such regulations, except as to the, place of choosing Senators." In conformity with these provisions of the Constitution of the United States the Legislature of Pennsylvania, on the 2d of July, 1859, (Pamph. L. page 519,) passed a " Consolidated act relative to the elections' of this Commonwealth." This act, de pending upon no other act, without any proviso or contingency whatever, UN. REPEALED and IN FULL FORCE has the following sections, viz: " lll—Elections of members of the House of Representatives of the United States. Sect. XXIII. The election of Repre sentatives of the people of this Common• wealth in the Congress of the Unite& States, shall take place on the second Tuesday in October, in the year one thousand eight hundred and forty, and on the second Tuesday of October in EVERY SECOND YEAR THEREAFTER, at the places appointed by law for holding, the general elections. Sect. XXIV. It shall be the DUTY OF THE SHERIFFS of the several coun ties TO GIVE NOTICE OF SUCH ELECTIONS in the manner hereinbefore, required in the case of general elections. Sect. XXV. It shall be the DITTY OF THE GOVERNOR, on the receipt of the returns of the election of members of the , House of Representative, of the United States, as aforesaid, by the Secretary of the Commonwealth, to declare by procla mation, the names of the persons so retur ned, as elected in the respective districts, and he shall also, as soon as conveniently may be thereafter, transmit the returns so , made to the House of Representatives of the United Stales." Thus it will be seen that not only the election law now remaining in full force and virtue requires the people of this State to elect members of Congress, on the Sec ond Tuesday of October 1842, but it is' enjoined upon the Sheriffs to give notice by proclamation, Will any sheriff dare to disobey the laws, and violate his duty' at the command of any Secretary of the Commonwealth?—What makes sheriffs or any other officer amenable to any man? It is time plain and bounden duty of the sher iffs to follow the law, let it lead them wherever it may. They are no judges of the qualifications of members, and have no right to inquire whether members elected can take their seats in Congress or not. But how do sheriffs know that the ap portionment bill will not become a law? The Governor himself cannot now tell, with certainty, whether it will not yet be the law of the land. Public Officers have no certain lease of their lives, as we know in the death of the lamented Harrison, sad it he should die, or be incapaciated, it would secotne a law, the circular of Mr. !Missouri, Connecticut and Arkansas, only have the power of returning bills for re consideration, when, if they again pass by a majority, they become laws. Vermont only has one House, and the Governor and twelve counsellors can only suspend its bills one year, when they become law, without even the sanction of a Senate— while in the States of Virginia, South Carolina, North Carolina, Tennessee, Ohio, Illinois, Maryland, New Jersey, Delaware, and Rhode Island, the Execu tive sanction to bills is entirely dispensed with. Thus it will be seen that this despotic t fipi,skof some of the American Consti used even irr e,g.tom the despotisms of Charles I to the scaffotklLlAs_not been ed in the Constitutions of two-dirtliF ht , the States in the Union, and if we are not much mistaken the spirit of freeman, now aroused by its monarchial use to defeat the will of the people, both in the General and State Governments, will ere long blot out this odious vestage of despotic power from every charter in this land of freedom. If there is any thing in the Constitution and laws of Pennsylvania, which can pre vent the Legislative majority from com plying with the 4th section of tho Ist ar. title of the Constitution of the United States, iidjb NULL AND VOID, AND 'NOT B ING UPON THE PEOPLE! That article says that "the limes, places and manner" fbr holding elections for Senators and Representatives in Congress "shall be prescribed by the Legislature thereof."—No proviso that a Governors can make it necessary to require two thirds—but that the Legislature, (and a majority constitutes the Legislature,) has the whole power over this subject. It a State Constitution can require two-thirds of the Legislature, it can require the ac• quiescence of every member—and if a Governor can take away the power of one third, he can take away the power of the whole Legislature, and the Constitution can be set aside. That the Constitution of Pennsylvania requires the signature of the Governor to, all bills, unless they pass by two thirds of both Houses, before they become a law,l is true; and this making of the Governor one third of the Legislative power, is nol doubt binding upon the people, anti-demo- 1 cratic as it is until removed by them, ex cept where it conflicts with the Constitu tion of the United States. But in the case of prescribing the times, places, and manner of holding elections for Represen tatives in Congress it DUES CONFLICT, when exercised, and is therefore, by the sixth article of the Constitution, NULL AND VOID. What is the language of the article! Awr. Vl—Sect. 2 This Constitution and the Laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, SHALL BE THE SUPREME LAW lOF "I'HE LAND, and the judges in any State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.' , gislature of Pennsylvania have 1)1 . majorities in both Houses, ded toe State into districts for the election, of members of Congress. It has in obetli• once to the 4th section of the Ist article of the Constitution, prescribed the time, pla, ces, and manner of holding the elections,l and ajourned. Can therefore the Execu-i tive, under a clause in the State charter,' violate the Constitution of the U. States, disobey the standing laws of his own Com monwealth, deprive a lecislative majority during his term of office from obeying the supreme law of the land, take away from the people the right of election, and virtu ally,, so far as this State is concerned, 'DISSOLVE Tim UNION ? This question is of the highest impor- Jance to the friends of free government.— We look upon it as a question higher than party, and one involving public liberty, l and the union of the States. Let the Sheriffs do their duty in obedience to the law. Let the people obey both the law and the constitution, and if it needs be, let this question, so vital to our form of gov vernment, be decided by the highest judi cial tribunal in the country. The Veto Prospective. The " Butler Herald," a Loco Foca ps- 1 per, in speaking of the high-handed course of Governor Porter in reference to the Apportionment Bill, discourses as fol lows : We do not feel disposed to find fault with every act of the Executive in relatio n n , to his peculiar manner of administerirg the affairs of the Commonwealth, but we cannot refrain from spolking out when the necessity of the case demands it. It 'should tie the policy of every Democratic print in the State to let those entrusted with power, know when they act wrong, and not hesitate to let them know it, re gardless of giving offence. The extra session, which cost the state of Pennsylvania--the poor tax-ridden peo ple of an almost bankrupt state—about fifty thousand dollars was called express ly for the purpose of districting the state, and now, after all the costs, trouble and expense—the whole to end in nothing, is too much. It Pennsylvania was out of debt and a few thousand dollars ahead in the Treasury, a little sport might be made at the public expense; but in our present wretched condition it is a sin to trifle thus with the interests of the people. To the bill we have some objections : but no doubt it was as good a bill as un der all circumstances could have been a dopted. As to there being a small frac tion over in some districts, and in others a fraction less than the ratio, it could not be avoided, and probably it it had, would have been worse for all parties concerned, and we think the Governor should have substantial reasons for refusing his assent. Opposition to a measure like this should be based on constitutional grounds and not on the supposition that it was made for party purposes : for if it were so, ;every measure might be vetoed, because the Executive thought it might militate a gainst his party, right or wrong. In some sections it may please the peo ple, and we hope it may: but here we as sure the Governor and those who uphold hint in the act, that it is by no means ref. It is the truth, and we wish to degraa..„.. , t f i tr lic men when hei. d ..l;,. it would be equally opinion from pub views df the peopreti't% .oeet the ROMANTIC ATTIMPT AT SELF-DISTRUC- Tiox.—A young lady, some sixteen years old, named Mary Porter, residing at Stockbridge, Mass., in the family of the Rev. Mr. Austin, from some melancholy depression of spirits, bordering upon ali enation of mind, recently attempted to drown herself. It was customary with her to ride out on horseback before break fast, but one day last week, not returningl as usual, some of the family went in pur suit of her. The horse without any rider was discovered by a woodside, and, on further search, the young lady was disco vered perched on a rock inthe middle of a shallow stream which courses in that vicinity. There she was, denuded of her riding habit, and dripping with water.— They hurried to her, and led her to the shore ; and she then informed them that she hail taken herself to the water with the intention of drowning herself, and had made too efforts to do so, but had found the water too shallow. She had mounted the rock to look for deeper water when she was discovered, and happily rescued.— She was forthwith conducted home, and with all practicable despatch placed in the 1 Asylum at Worcester. FACTS TOR PRINTERS.—There are in the United States 1,552 printing offices ; 447 binderies; 148 daily pipers; 1,141 weekly; 125 semi and tri-weekly papers; 227 periodicals. These offices employ 18,525 men, and the amount of capital in vested is 05,875,815. TRODBLE ON THE COAST.--Cllptaill Champion, of the Harriet, at Baltimore, from the west coast of Africa, reports that on the 26th April the schooner Mary Car ver, Farwell, of Plymouth, Me, was cap tured by the natives of Barbara, and the captain and Grew murdered in the most cruel manner, on account of some dispute between the captain and the natives. Here is something rich! The Speaker of the Ohio Senate talked of an applica tion to Gov. Corwin to call out the aid of the military, to compel the attendance of the resigned Senators! Paixhan guns and Colt's rides, but that is rich The late proceedings in Ohio, have a• roused the Spirit of 1840. A Convention was held at Xenia, at which 10,000 per sons attended. Indigo, bound on a snake bite, is said to be a cure. 4 1, 1M.7.70k3 -Aw.-„Q\ THE HUNTINGDON JOURNAL 'One country, one constitution, cne destiny." Huntingdon, Aug. 31, 1842. V. B. PALMER, Esq. (No. 104 S. 3rd St. Philade! phia,)is authorized to actasstgent for this paper, to procure subscriptions and advertisments. DEMOCRATIC HARRISONIAN COUNTY TICKET. PROTHONOTARY, JAMES STEEL, of Huntingdon. REGISTER & RECORDER, JOHN REED, of Huntingdon. • ASSEMBLY, iONATH AN M'WILLIAMS, Franklin tp BRICE BLAIR, of Dublin township. CommssioNEn, ALEXANDER KNOX, JR. of Blair tp. CORONOR, JAMES SAXTON, JR. of Huntingdon. THOMAS E. ORBISON, of Cromwell tp. Dr. JOHN M'CULLOUGH and JOHN BROTHERLINE were chosen Congress ional Conferees, to meet other Conferees from Mifflin, Juniata and Union, in the Bo rough of Lewistown, on the 10th of Septem ber. PETER HEWIT, ISRAEL GRAFFI US, JAMES METLIN and A. J. WIG TON were chosen Senatorial Conferees, to meet in the Borough of Mifflintown, on the 9th of September. North Eastern Boundary. On Saturday the 20th inst. the treaty between the United States and Great Britain was ratified by the Senate, by a vote •f 29 to 9. Messrs. Allen, Bagby, Benton, Buchanan, Conrad, Linn, Smith of Illinois, and Sturgeon voted against it. The Tariff Bill, On the 22nd inst. Mr. McKennan, in troduced as a substitute for the Tariff Bill lately vetoed by Mr. Tyler, the same bill without the Distribution clause, and ex empting tea and coffee from duty. This bill passed the House by a vote of 105 yeas to 103 nays, and was sent to the Senate, : whore it was referred to the committee on finance, who reported it with amendments. At our latest advices it was still under discussion in the Senate. Veto and Ditto?) on a small locale. In another part of this paper will be reekl„tlle Governor's veto of Mr. Roth to the attentitirilibgl. We commend it crat in little Clinton. As Wit Demo - likes to whitewash the character of his VI cellency this will afford him another oppor tunity. Nominations. The following nominations have been made by the Harrison Democrats, for the next Legislature. Adams.—Maxwell Shield and William Diehl. Allegheny.—Neville B. Craig, Hiram Holtz, James Robinson and James Sheri dan. Butler.—Samuel Marshall. Erie.--Stephen Skinner and Lyman Robinson. Indiana.--John McE wen. Laneasser.--For Senate, John Lovett. House ' Daniel Balmer, A. H. Hood, Chas. Carpenter, Andrew Thompson, Jacob Foreman, John Warfel. Lebanon.--For Senate, Levi Kline.— House, Daniel Stine. Union.--John A. Valvanzah. ' C Revolutionary:: " The Federalists are. and al%ays have been revolutionary in their movements."— Clinton Democrat. If you mean the Whig party, you are right for once, FLAP. They were revo lutionary" in 1776, and have been co ever Isince Oto" We are indebted to the Hon. Wm. W. IRwzx for a copy of his speech i. on the duty of Congress in the present crisis." delivered in the House of Representatives, in Committee of the Whole on the state of the Union. on the 12th inst. (r:r The September No. of the " Moth er's Magazine" has come to hand. It contains an excellent article on Neglected Children. 0*- Mr. Wise made his second aerial voyage from York. Pa. on Saturday the 20th inst., being his 57th ascension. He landed seven miles south of Lancaster, ' having made the voyage in *IN Ohio Legislature. Last week we published an important statement which we copied from the Ohio State Journal of the 11th inst., showing that no Apportionment Bill had passed the Legislature of Ohio, and announcing the fact that the Whig members of the Senate and House of Representatives had resign ed their seats, and appealed to the people. We have since received, in the Ohio pa pers, the Address of the Democratic Whigs late members of the General Assembly, to the people of that State. The Address shows that the present Loco Foco majority were recklessly bent on perpetuating their power by an utter disregard of their oaths and the interests of the people; and that the Whigs were to be, as far as it was possible, disfranchised. A statement is given in the Address which shows that by the bill which the Loco Focus had determined to force thro' the Legislature, and which would liave passed had not the resignation of the Whig members prevented it, one half of the Whigs in the State would have been disfranchised. They say, were the Whigs to carry the. State by len thousand, they could elect only SEVEN members of Con. gross, while the minority would elect soon- TERN." The act of Congress, which requires the State to be divided in single districts l of contiguous territory, would have been most grossly violated by the bill which the Whig portion of the Legislature have defeated in this novel manner. One dis trict, composed of the counties of Aslita , Ihula, Lake and Cuyahoga, runs about one hundred miles along the lake shore, and in some places is not snore than from six to ten miles in breadth. The district com posed oPthe counties of Holmes, Wayne and Summit is formed of counties which scarcely touch each other. Another dis trict extends from the centre of the State almost to the Indiana State line. And another runs along the Ohio river fur some two hundred and fifty miles. Why all this gerrymandering? The answer is plain. It is to gratify the vaulting ambi tion of some of the Loco Foco members who have set their hearts on goipg to Con gress. The seven Whig districts contain 524,- 1 702 inhabitants ; while seven Loco Foco districts contain only 462,499, leaving a Whig excess of 62:203; a greater amount of popuration than is contained in one of the Loco Foco districts. In fact the whole bill seems to be made up of enormi ties like theid. Against e tlCe±asSage of such an abomi nable kill tObahig portion of the Legis lature at firstntised their voices loud in. remonstrance. They invoked the spiritl of their institutions, which frowned upon told attempt of the minority to rule t~eCongree s; ' - i i i e l y hgrin . tecl a t w o L the co la F w co o s l of their oaths; they appealeu sense of justice; but every appeal was in vain. It had been resolved in secret midnight caucus, and the unholy decree had gone forth, and every Loco loco member was pledged to the support of the abominable and iniquitous bill. What were the Whigs to do in this emergency Could they sit, and tamely submit to see the rights of their constituents thus viola ted ? No. Such conduct would have been a disgrace to the name of Whigs. In Ohio the Governor cannot defeat a bill by a veto power, for no such power is known to the Constitution. The only way to defeat it was to withdraw from , the Legislature and leave it without a quorum to. do business, the Constitution requiring two thirds. To us the conduct of the Whig members, under the peculiar circumstances which ear• rounded them, was highly commendable. They availed themselves of the only con- stitutional means left them of serving their constituents, by preventing the passage of so monstrous a bill, which was to sway the political destinies of the State for tea years to come. They threw the trust reposed in them back to the hands of the people, and left it to them to say whether they will submit to such legislation as was at. tempted to be practiced upon them. It will be remembered that this stretch of usurpation was attempted by the very party who lately endeavored to overturn the Government of the State of Rhode Island for the purpose, as they then falsely avowed, of extending the right of suffrage. In Ohio they attempt to disfranchise up., wards of 60,000 freemen—some dozen times as many as they profess to wish to extend the right of suffrage to in Rhode Island. Such are the unhallowed works of Lo. moism '''4lo7oll, fora line—to fill this column A NOVEL CASE. .Indrew J. Rothroek David It. Porter. (lad Kichapoo's Reports, page 1.) This was a suit brought before DAN= krarcA, Esq., Justice of the Peace in and for the Borough of Huntingdon, to recover from the defendant the balance due on the following account in favor of the plaintiff --to wit : "D. li. PORTIR To A. J. RoTisaocit, Dr. For work done in 1837 in Gaysport. To plastering 8,30 sq. yards a 12i per yard, $l6l 71 " do. 1,70 " 10 17 00 6. do, 34 " isi 2 12i 41 1000 Luth 2 00 paid cash for hair 100 Bill rendered by D. Lindsey for hauling 3 33 1129 12f Credit $79 12 HUNTINGDON COUNTY. S S . Before me the subscriber, one of the Justices of the Peace in and for said county, personally ap peared Andrew J. kothrock, who after being sworn according to law did depose and say that the above account as it stands stated against David H. Porter, is just and true. and further saith not. A. J. ROTHROCK. Sworn and subscribed thei 20th day of May, 1842, Before me. DANIEL AFRICA." The defendant had "at sundry times And in divers places" promised to settle with the plaintiff or his agent, Wm. Roth rock; but there was always some reason or excuse for not doing so. At Harrisburg I he could not settle because the papers were at Huntingdon, and at Ifhtingdon he could not settle because the papers were at Harrisburg. Thus the matter stood until the 18th day of August 1842, when the plaintiff's agent heard that his Excellency the Governor, in disregard of his promises, intended to leave for Har risburg, when he called on the Justice to issue a summons, which was put into the hands of the proper officer to be served ; but as he thought the report that the Gov ernor intended to leave without a settle ment was perhaps a false rumor, he in structed the Constable not to serve the summons unless the Governor went on board of the packet boat that night. The boat came,—the Governor stepped on board, and so did Constable Port. They 0 passed down to the fi rst lock there the writ was served, when th ernor g directed the Constable to mie e allow ing return ; which was accordingly en dorsed on the writ.—" August 18th 1842, served personally, defendant pleads his privilege. Alexander Port, Con." The 25th was the day appointed for hearing the case. John Cresswell appeared for the Governor, and presented a paper, drawn up by his Excellency himself, of which the following is a copy. "In the case ofl . Before Daniel Africa a A. J. Rothrock Justice of the Peace its vs , and for the county of Hun- David R. PorterJ tingdon. a ears defendant by his agent John Cresswell pp issu ing the writ in the stated case,he was s , Pads that at the time of and still is the Governor of tilt ommon wealth of Pennsylvania, elected and sworn, and performing the duties thereof. He there fore prays that the said writ and the service thereof may abate. DAVID R. PORTER HUNTINGDON COUNTY, SS. ersonally came before the subscriber, one of the Justi ces of the Peace in and for the county of Huntingdon, John Cresswell, who being duly sworn, cloth depose and say that the facts stated in the foregoing plea to the above sta ted case are true, to the best of his knowledge and belief. JNO. CRESSWELIA Sworn and subseribed . the 25th day of Aug ust 1842, Before FRANS. B. WALLACE." The Justice, however, not having the fear of the great Kickapoo and the bloody scalping knife before his eyes, but deter mined to do justice in the case, without " fear, favor, affection, reward, gain or any hope thereof," and without" envy, hatred or ill-will," proceeded to hear the case, and gave judgment for the plamtiffor the sum of 855 00, and costs of suit. seems that in Pennsylvania the Gov ernor is not privileged from suit, so as to enable him, after being six years in office, to plead the statute of limitations on all debts contracted before the expiration at his term of office—a practice which would, no doubt, become very fashionable in this State some two or tht ce years hence. Now, as a matter of course, and accor ding to custom, some folks won't believe a word of what is above contained. But we cannot help it. There is, however, a record of the whole case in the office of Daniel Africa, Esq.; and Sir William Blackstone, the great English commenta tor, assures us that a record is "a matter of so high a nature, and importeth in itself, such absolute verity, that if it be pleaded there is no such record, it shall not receive any trial by witnesses, jury, or otherwise,