The journal. (Huntingdon, Pa.) 1839-1843, September 14, 1842, Image 1

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VOL. VII, No. 36.]
PUBLISHED BY
THEODORE H. CREMER,
The "JQVItNAL" will be published every
Wednesday morning, at two dollars a year,
if paid IN ADVANCE, and if not paid
within six months, two dollars and a half.
No subscription received for a shorter pe•
riot than six months, nor any paper• discon
tinued till all arrearages are paid.
Advertisements not exceeding one square,
will be Inserted three times for one dollar,
and for every subsequent insertion twenty
"five cents. If no definite orders are given as
to thetime an advertisement is to he continu
ed, it will be kept in till ordered out, and
, charged accordingly.
POMTP.7.
° ll 6, Where (he Weary are at
iltest. l )
Mother! mourning for the infant
Now released trom sin and pain,
Call not back the ransomed spirit
To the weary world again.
Though the hues of earth have faded,
Lone thy house and sad thy breast,
Ye shall meet again, rejoicing,
Where the weary are at rest.'
BY JULIET li. LEWIS,
Warrior! 'mid the din of battle
Dealing death on all aruund,
Marring ruthlessly God's image,
Felling brothers to the ground,
Cease the strife, and turn to Heaven!
Break the sword, and doff the crest!
Scenes like these will never lead thee
Where the weary are at rest.'
To"ling slave of wild ambition!
Scheming for a monarch's crown,
Spending years of earthly promise
Seeking for the world's renown,
Cease thy vain pursuit of phantoms!
Quench the fires within thy breast!
Strifes like thine! oh what avail they
Where the weary are at rest.'
Miser! gloating o'er thy coffers
Saddened with a wealth untold,
Know'ut thou not thy dross will perish?
Dimmed will be thy shining gold!
Seek the treasures of pure Heaven!
Even such was God's behest:
Free are all things from corruption
• Where the weary are at rest.'
Young and lovely Maiden! wreathing
Hope's bright blossom round thy brow,
All things smile in love upon thee,
Bright the world before thee now.
Ere that world shall disappoint thee
Let thy Saviour be confessed!
Steer thy bark toward the haven
. Where the weary are at rest.'
4 Drooping one! o'er earth a wand'rer,
Friendless, houseless, dost thou roam?
This is not for thy abiding,
' Heaven shall be thy lasting home.
Cheer thee then, though now thy spirit
Be by worldly woes distressed,
Endless joys thou shalt inherit
Where the weary are at rest .'
, Christian sufferer! worn with anguish,
Racked by more than mortal pain,
Longing for release, and Heaven,
Chafes thy spirit at her chain?
. Soon as the bonds of earth shall sever,
Thou'lt be numbered with the blest.
Where the wicked cease from troubling,
4 And the weary are at rest.'
Let me see laian once more.
BY MRS. OSGOOD,
Let me see him once more
For a moment or two,
11,et me tell him myself
Of his purpose, dear, do ;
Let him gaze in these eyes
While he lays out his plan
To escape me—and then
-1 He may go—if he can!
Let me see him once more,
Let me give him one smile,
Let me breathe but one word
Of endearment the while ;
I ask but a moment—
't4 My life on the man!
Does be think to forget me?
He may—if he can.
Lawyer's Declaration.
Fee simple, and a simple fee,
And all the fees in tail,
Are nothing—when compared to thee
f? Thou best of fees—Pcnrsi.t.
'IIE JOURNAL.
HUNTINGDON, PENNSYLVANIA, WEDNESDAY, SEPTEMBER 14, 1842,
lIII3CMLLAITMOT7CI.
From the London Saturday Journal.
E.NIET G114164T0M.
84 ALEXANDER ANDRRWA.
It was a cold, bleak November night,
towards the close of the last century, and
the family of the Grantons had congrega
ted round the hearth, on which a few logs
of wood were emitting a comfortable
warmth, and illumining the humble cabin
of the fisherman, when the door was
opened, and a tall young man, in the dress
peculiar to the inhabitants of the north
eastern coast of England,
.entered the a
partment,
Well, Robert," inquired the elder
Granton, " is there any thing stirring on
the beach r'
Nothing more than usual, lather," re:
plied the youth, "but I thought I could
see something like a sail, far out in the
bay. I may have been mistaken, for I
should think no man would be so fool.
ardy as to attempt a landing hero on such,
a night as this."
"'het reach me down my glass, boy"
sti'd the father, " and I will soon tell you
what it is. It it be a ship, we may, per
haps, be able to warn her off in time."
The telescope was handed to lam ; and
after putting on his pea jacket, he left the
cottage. With the aid of his glass, he
could plainly discern a small vessel at
some distance in the bay, apparently bear
ing down upon the rocks, against which
. .
the wares were dashing with the deafen
ing roar of a cataract.
If she keeps that course a few minutes
longer, she will be on the rocks!" exclaim•.'
eil the fisherman, anxiously. " Ab, there
she goes," he continued with a smile of
satisfaction, " she's tacking ; the captain
knows the coast, and if I mistake not, he
will bring to, a few miles out. Again I'm
right ; but, they surely will not be so mad
as to trust their boat on such a sea as this!
Yes, they are lowering it, as sure as my
name is Granton. Why, what's this'!"
he exclaimed, as a light figure gliding to•
wards hint.
It's only me, lather," replied his
daughter. . .
.. - You, Emily I and on such a night as
this, too! Go back, child, go back; for
the beach is not the place for such as you
at this time of the year."
" But father," replied the girl, "can I
be of no service to those poor fellows., if
they should be cast ashore ?
They are safe, Emily ; at least, if they
do not risk their lives in yonder little
cockle-shell of a boat, which they have
just lowered."
" Father," exclaimed Emily, laying her
hand impressively on his shoulder," Fath-'
er is the vessel large or small!"
" She is small, a coaster I should say,
Emily, but why do you want to know?"
" Because, father," she replied, in a
voice lowered to a whisper, " it, surely can
not be George's vessel."
" No, Emily, Geor ,, e is a better seaman
than to expect a boat like that to live in
, such a sea."
"But," urged Emily,"there is no know
ing what he would risk to—,' and her
voice faltered.
"True," replied her father, smiling,
"there is no knowing what he would risk
to have a look at you. There, they have
shoved off . ; and are now making way fast
towards the beach."
Not another word isas passed between
the father and daughter its the dar.ng ad
venturers pulled lustily tow:irds the shore.
Emily anxiously watched the little skill
as it was pitched about ; now concealed
from her in a deep abyss ; and then ris
ing upon the crest of a wave, merely to
be dashed down again with increased fury.
" He will get a wet skin for his rash.
nese, if it be he," exclaimed the fi.herman
who was the first to break silence, but
sailors are not apt to care for such trifles
as that, so as they gain their end."
As he spoke a large Newfoundland dog,
which had swam to shore unobserved,
sprang upon the beach and bounded to
wards Emily.
Father,' cried the girl, "it must be
he,—this dog is poor old Hector. Oh,
George! George! and she burst into tears.
What's the use of crying, silly child I
said her father, kindly, " they MAY laud
safely yet."
Yes, father," replied Emily, " they
may land safely, but see what chances are
against them!"
She was patting the head of the dog, in
order to conceal her anguish from her fa-1
titer, when her hand fell upon a piece of
paper suspended from the animal's neck.
It was saturated with salt water, and the
letters were illegible, but the quick eye of
the girl recognized, in the almost oblite
rated character before her, the handwri
ting of her lover. She tore it from the
neck of the dog, and, placing it in her bo•
som once more fixed her steadfast gaze on
the little boat, which was now laboring
heavily on IN coulee.
How much longer, father," she asked,
"ONE COUNTRY, ONE CONSTITUTION, ONE DESTINY."
after a long pause, " how cinch longer do
you think they will be before they reach
us ?"
" That lepenils, Emily," replied her pa
rent, " un the will of God, and their own
exertions; but it they land at all, they
ought to be here in less than ten minutes.'
The wind blew in fitful guests, the
moon became obscured by small white
clouds, and the general appearance of the
firmament indicated a squally night.—
The boatmen struggled lard rigains - t the
sea, and contrived, by almost supernatur
al exertions, to keep their skiff upon her
course. Ten minutes of intense anxiety
to Emily and her father, had flown by, and
yet the boat was beating about at least
five hundred yards from the shore. The
strength of the man was now evidently
giving way, and notwithstanding the loud
cries of their captain to pull fur their
lives," they relaxed their exertions, and
allowed the boat to drift.
They are lost! they are lost l" scream
ed Emily, rushing to her lather's side,
"0 [leaven, save them! spare their lives:"
Her parent shook his head mournfully,
and was closing his telescope in despair,
when a loud and hearty cheer arose from
the beach, and on looking once more in
the direction oldie bay, ie preceived that
a large boat had been launched by a party
of fisherman, and was being rowed vigor
ously to the assistance of the skiff.
...Grid be praised I" cried Emily, fervent
ly, as her father pointed it out to her 'they
are then safer
The men in the skiff finding relief so
near at hand, had again taken to their
oars, and were rapidly nearing the beach,
when a heavy sea struck the boat athwart
her bows, and before she could recover
from its effects, it was succeeded by
another wave and she was capsized.
Emily screamed frantically, and then
fell to the ground insensible.
The fishermen strained every nerve to
bring their boat up to the assistance of
the drowning mariners, but succeeded
only in picking up one, alive ; two others
were taken up, merely to be conveyed on
shore and buried.
After the lapse of some minutes, Emily
was restored to sensibility, and her first
inquiries were for her lover. Before her
father could reply, the faithful Hector
swain once more ashore, bearing the inani
mate corpse of his master. She spoke not,
as the poor animal laid it at her feet, and
looking in her face, whined piteously: not
a groan escaped Tier, not a tear fell fron►
her eyes. but, from that moment, Emily
Granton was deprived of the light of rea
son, and lived and died a maniac:
Eloquence in Arkansas.
We find the following; specimen in a
card published in an Arkansas paper by
some one who had been charged with not
wishing to celebrate the Fourth of July :
Shades of Washington, Hancock, and
Ethan Allen! If I have olFended, remem
ber the frailty of mortals, and be propit
ious I What! abolish that day of days!
—that day when the concentrated wisdom 1
of ages was blazoned forth on that im
mortal sheet!"--that epoch, not only in
American history, but in the history of the
world! that day when the Phamix spirit
of Universal liberty arose up out of the
American soil, and spread her broad pin
ions never again to be folded—that day,
for the celebration of which I, in my boy
hood dap, expended tl e last %ixpence to
buy fire-crackers! Forbid it', LT:wed
shades 1 Pacific Ocean, thou inktitand of
creation, and you, ye tall pines of Norway,
crow quills for such an occasion, aid in ex
paving that resolution! Let Lethean
floods roll over it perpetually, and the ra
ven wing of Olivion rest on it for ever."
Robert l'ennehill. a Scotch poet, is the
authorof a pretty little epigram on woman:
"Nature, impartial in her ends,
When she made man the strongest.
Injnstice then, to make amends,
Made woman's tongue the longest."
A modest little girl in Richmond—so
says the Star—tainted in church, because
the minister said that " young ladies were
apt to have too much carnal stuff in their
bosoms."
" Look here you fellow, keep your dog
off from me, will you ?" said a dandy to a
pert butober's boy.
" Well d-n that dog, he will be med
dling with the puppies!" said the young
butcher.
"I had rattler not take a horn with you,"
said the luster to the mad bull—but the
bull insisted upon treating him to two, and
the loafer got quite high.
~ You arc always in a bustle, Mary,"
said a mother to her daughter. " led the
fashion, Mu."
The modern profane expression of
11—ll to pay," may be more politely
rendered Limbo to liquidate.
" The neblest study of mankind is man."
Judge lll,lsoas's Charge to the
I Grand Jury.
At the earnest solicitation of the Grand
Jury and members of the Bar, his Honor
Judge Wilson has furnished for publication a
copy of his charge, delivered at the August
Term of the Court in this county. The
charge is as follows:-
1 GYINWLD3IIIN OF VIE GRAND JURY :
It is
through you that the breaches and viola
tions of public rights and duties, commit •
ted within this county, fur which you are
sworn to inquire, are presented to the
Courts of Over and Terminer,and Quarter
Sessions, for trial. Your finding a bill of
indictment a true bill, does not establish
the tact that the person accused is guilty.
You inquire whether there be sufficient
ground for putting the accused on his trial
before another jury diffirently constitu
ted. Your finding is, therefore, a prepar
atory accusation, the truth of which, to fix
guilt upon the person you present, must
be subsequently confirmed by twelve pettit
jurors, in the selection of whom the accu
sed has the right of challenge, awl before
whom he can be fully heard, and have the
aid of counsel. Still, you should be satis
fied, from the evidence before you, which
is only the evidence on the part of the
Commonwealth, that the indictment is
substantially supported ; and that the
charge is true so far as that evidence goes,
before you return an indictment a true
bill. The oath you have taken indicates
the duties you have fo discharge. You
arc not only to inquire into the truth of
the indictments prepared and laid before
you by the Attorney who prosecutes on
the part of the Commonwealth, but to pre
sent all offences against the public peace
and golid morals, committed within the
count), that have come to your knowledge,
and that you know to be offences over
which the Courts of Quarter Sessions and
Oyer and Terininer have jurisdiction.--
6elected, as you are, from among the peo
ple, and from the different sections of the
county, ninny offences committed that are
indidtable may come to the knowledge of
the grand jurors, without whose present.
ment the offenders might never be brought
to trial. Among them I may mention
betting on elections, amid improperly influ
encing voters. The parties to the com
mission of such offences will seldom coin
, plain on each other, knowing that all
i concerned are liable to punishment. It is
not likely that any thing at our present
session will be brought before you purpor
ting to be violations of the law relating to
this subject. But in a government like
ours, where elections are of so frequent
occurrence, and their purity of such vital
importance, the remedies designed V the
Legislature for correcting abuses of the
right of suffrage cannot be too often re
curred to with a view of impressing their
importance on the public mind. I shall
not, however, detain you at this time by
referring particularly to these legislative
enactments, and the penalties imposed for
a breach of them, as they were lately, by
my predecessor in this court, minutely
pointed out, and ably commented on, in a
charge which was published and circula
ted, and I have no doubt was seen and
read with interest by most, if not all of
you. Our legislators have studied to
guard against every corrupt encroachment
with which the right of suffrage was
threatened; and under these statutes it is
the duty of the courts and jurors, and
every peace officer entrusted with their
execution, to see that their provisions are
faithfully carried out; for the security,
peace and happiness of our political instis
tutions,..c.nd the people collectively and
individually, depends on preserving in its
purity the elective franchise, upon which
the whole structure of our government
is based.
Growing out of the subject of elec
tions, it too frequently happens that there
is an abuse of the liberty guaranteed to the
press ;—a liberty held sacred in this
country as the great bulwark of freedom,
and essential to the nature of a free gov
ernment. The declaration of rights se
cures to every citizen the right of freely
speaking, writing and printing on any
subject. There is, however, a boundary,
which, when passed, will subject the ties
passer to pursishment by indictment for a
libel ; which is defined to be, "a malicious
defamation Of the memory of the dead, or
of the reputation of the living, by printing,
writing, signs or pictures, tending to pro.
yoke a person to wrath, or expose him to
public hatred, ridicule, or contempt."—
Persons offending may be indicted, con
victed and punished, without the liberty
of the press being infringed em or violated.
Tide liberty is not intended to license
editors, or others, to make and publish
what is improper, illegal, or mischievous,
tending to destroy the ends of society,
without incurring a suitable punishment.
Toe intention with which a publication is
made, must in must instances control our
judgment in eases of libel. The acts of
public officers, or men in a public capacity,
may be exposed, and fieely commented
upon ; and the character and qualifications
of candidates for public favor, freely dis
cussed, printed, and published, when the
matter is proper for public information.—
The person doing so, holding himself re
sponsible for the truth of his publication.
It is from the truth, the circumstances, and
time of a charge being made against a
public officer, or a candidate for office,
that we must determine the motive for
making it. But where individuals who
are not candidates for public favor, nor
holding, nor exercising any public office
or trust, are assailed through the public
press, and from any wanton, or malicious
motive are attempted to be exposed to
public ridicule, hatred, or contempt, even
the truth of the charge may . not excuse,
when from its nature, it is evident that the
public welfare is not in view. In such
case the truth of the charge may rather
aggravate than lessen the baseness and
evil tendency of the publication ; and it is
not always whether the publication be false
that its author is punishable, but the ten
dency of the libellous matter to a breach
of the peace; and this tendency may exist
whether it be true or false. 'rho discoun
tenancing of malicious libels, especially
when they are of a private character, we
believe, would have the effect to increase
the harmony and happiness of society, and
allay much of the animosity and bsd feel.
ing got; ing out of our political contests.
In a proper and judicious administration
of the criminal law, every individual is
interested. It is of importaneeoliet efore,
that whatever the legislature has comman
ded, or prohibited, and made indictable,
should revive your serious attention; that
their commands and prohibitions may be
properly enforced. A part of the duties
of the legislature is to revise and ameisd,
enlarge or restrict our criminal code with
a view to correct the vices and ungovern
able passions of men that may be develo.
ped as our general condition as a commu
nity may change, or the occasional neces
sities of the people, under the peculiar
circumstances and state of society, may
require. When there is inattention on
the part of those whose duty it is to carry
their statutes into effect we cannot look
for the evils they are intended to re.
medy bring removed. It is not the
prescribing but the administering of the
remedy prescribed, that must remove the
evil complained of. And suffering the
penal laws to remain on our statute books
without enforcing the penalties for a
breach of them, rather aggravates the mis•
chief by laying a snare for the unwary.—
Of the efficiency of these statutes we have
nothing to do. It is for the legislature to
provide the remedy, and our duty to en
force its execution. I will not pretend
on this occasion to refer generally to the
enactments, but point out a few of the more
recent, of which the community may nut
yet be advised.
More effectually to exclude unauthori
sed issues of paper for circulation as a
currency, the legislature in addition to
the laws heretofore passed on the subject,
on the 24th of June last, enacted " that it
shall not hereafter be lawful for any bank
ing institution, or other corporation, or
individual, to issue or put in circulation
any note, bill, or check, or paper of any
kind, to circulate as a currency, under the
denomination of five dollars, except notes
legally issued under the act of the 4th
May 1841; and upon the conviction there
of of any president, cashier, or other
officer of any corporation, or individual,
before any Court of Quarter Sessions, of
putting the same in circulation, of wh ich
their name or signature to the said note,
bill, cheek, or other paper shall be evi
dence, the said president, cashier, clerk,
or other officer, or individual shall be fined
in any sum not exceeding five hundred
dollars." This act embraces and will
punish the person issuing or circulating, if
prosecuted, every . kind otpaper money
under the denomination of five dollars
other than the relief notes authorised by
the act of the 4th May, 1841. No form
in which such note, bill, check, or other
paper is drawn can evade the law, if it is
issued or circulated as a currency.
In this State, the law has heretofore
authorized (for want of property on which
to levy) personal arrest for debt, where
the amount exceeded the sum of five dot.
lars and thirty-four cents. By an act of
the Legislature, passed the 12th day of
July 1842, the law on this subject has un
dergone a material change, and los re
lieved the person from arrest or imprison
' meat on any civil process in any suit or
proceeding instituted for the recovery of
any money due upon any judgment or de.
cree founded upon a contract express or
• implied, or for the recovery of any dames
ges for the non-performance of any con•
tract, excepting in proceedings as for
, contempt to enforce civil remedies, actions
for fines and penalties, or on pennies to
marry, on monies collected by any public
officer, or for any misconduct or neglect
in office, or in any professional employ
ment. Although this act, except in the
i Cates refereed to, releases the person from
[IVuoLE No. 348,
arrest, it does not impair tha obligation of
• the debtor, but leaves it in hill force
against his estate and effects; to secure
Which to his creditors, in addition to other
provisions it is enacted by the 20th section
of this act, that any person who shall re
move any of his property out of any coun
ty with intent to prevent the same from
being levied upon by any execution, or
who shall secrete, assign, convey, or oth
erwise dispose of any of his property with
intent to defraud any creditor, or to pre,
vcnt such property being made liable for
the payment of his debts, and any person
who shall receive such property with such
intent, or who shall with like intent col
lude with any debtor for the concealment
of any part of his estate or effects, or for
giving a false color thereto, or shall con.
teal any grant, sale, lease, bond, or other
instrument, or proceeding, either in wri•
ling or by parole, or shall become a gran.
tee, purchaser, lessee, obligee, or other
like party in any such insti ument or pro
ceeding with the like fraudulent intent, or
shall act as broker, scrivener, agent, or
witness in regard to such instrument or
proceeding with the like intent, su :II per
son or persons, on conviction thereof in
the Court of Quarter Sessions, of the prc
per county, shall be deemed guilty of a
misdemeanor, and shall forfeit and pay a
sum not exceeding the value of the prop
erty so secreted, assigned, conveyed, or
otherwise disposed of, or concealed, or in
respect to which such collusion shall have
taken place and shall suffer imprisonment
not exceeding one year. And by the 21st
section "every person who with intent to
cheat or defraud another shall desig nedly
by color of any false token or writng, or
by any false pretence whatsoever, obtain
from any person any money, personal
property, or other valuable things upon
conviction thereof shall be Imprisoned in
the penitentiary or In the county jail at
the discretion of the court before whom
he shall be tried, not exceeding one year,
or by fine not exceeding three times the
value of the money or property, or other
things so obtained, or by both such fine
and imprisonment." from these sections
it will be observed that this law is intend.
ed to relieve the unfortunate debtor, but
in the end, not the fraudulent debtor,
where such fraud is detected.
The selling of spirituous liquors by less
measure than a quart without a license to
do so—keeping a tippling or disorderly
house, are indictable offences; sad at•
though it is the duty of the constables to
return all such within their respective bo
roughs and townships, yet they may exist
without his knowledge. Should the con
stable, whose duty it is to return these
houses, omit from want of knowledge or
any other cause, to make such return ;
and should the existence of any such, or
any violation of the several acts of As
sembly regulating inns and taverns, by the
persons to whom licenses are granted to
keep public houses, have come to the
knowledge of a grandjuror, he will com-
municatelt to hi; fellows in order that the
proper presentment may be made. And
here I will take occasion to refer you to
the provisions of these statutes which were
enacted with a view to render public hou
ses places of accommodation for strangers
and travellers, and to prevent their being
converted into receptacles ot idleness and
vice. For the privileges granted to the
keepers of public houses by their licenses,
it is enacted that they shall not incite.
promote, or encourage any games of ad
dress, hazard, cock fighting, bullet play
ing, or horse racing at which any money
or other valuable thing
shall be betted,
striven for, won, or los t; and they are
prohibited from furnishing wine, spiriluus
liquors, beer, cider, or other strong drink.
to any of the persons assembled or atten
ding upon any such game, fight, play, or
race. They are not to allow any kind of
gulf., address, ot hazard, or any playing.
betting,!or gaming for money or other thing
of value whatsoever, either at cards, dice,
billiards, shuffle-board, or' any game or
device in any other manner to be practi
sed in or about the house or premises its
their occupancy. They are also prohibit
ed by law from harboring, entertaining, or
trusting any person under the age of twen
ty-one years, or any apprentice or servant
knowing him to be such. For all these
offences licensed tavern keepers are
brought under severe penalties, and on
conviction for some ot them rendered for
ever after incapable of receiving a license
to keep a public inn within this common
wealth. In addition the court are author
ised on conviction of any tavern keeper of
any offence not mentioned in the act of
Assembly relating to inns and taverns, or
on conviction of his knowingly suffering
drunkenness, rioting or other disorderly
conduct in his house, or disobeying any
of the pros i-ions of said act to revoke his
license, f bring this subject particularly
to your notice, believing that a strict at
tention W this part of the duties enjoined
on courts and grand jurors, may have a
beneficial effect un the general morals of
the community, and render efficient aid in
!the cause of temperance—the promotion