Huntingdon journal. (Huntingdon, Pa.) 1843-1859, January 22, 1852, Image 2

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Thursday Morning, Jan. 22, NM
TIM " HUNTINGDON JOUNNAL" is published at
Ole following rates, viz:
If paid in advance, per annum, $1,30
If paid during the year, 1,'711
If paid after the expiration of the year,• 2,50
To Clubs of live or more, in advance,. • 1,25
Tax above Terms will he adhered to in all eases.
No subscription will he taken fora less period than
six months, and no paper will be discontinued un
til all arrearages are paid, unless at the option of
the publisher.
Is our authorized agent in Philadelphia, New
York and Baltimore, to receive advertisements,
and any persons in those cities wishing to adver
tise in our columns, will please call on him.
DC' See new advertisements.
rr We return thanks to the Hon. Wm.
H. Seward, of the United States Senate,
and the Hon's. T. M. Bibighaus, H. M.
Fuller and A. Parker, of the House of
Representatives, for valuable speeches,
documents, &c.
Also to Hon. R. A. Me?tfurtrie and Maj.
Geo. Raymond of the State's Senate, and
W. B. Smith, Esq. and S. R. McCune,
Esq., of the House, for valuable docu
U7-Our townsman, WILLIAM SNARE,
whose death is announced in another col
umn, was a soldier in the Mexican war,
and participated in the battles of Palo
Alto, Resaca de la Palma and Monterey.
Previous to the battle of Buena Vista he
was withdrawn frem the army under Gen.
Taylor, and placed under Gen. Scott, in
his march to the capitol. He was a brave
soldier and a kind hearted man, universal
ly esteemed by his acquaintances. He
was buried on last Tuesday, with the hon
ors of war, by the Huntingdon Guards, at
tended by a very large concourse of the
citizens of the town.
trr KOSSUTH passed through this
place in the cars, on last Saturday night.
While the train detained about the usual
time at the water-station, in reply to the
cheering of the crowd on the platform, he
made a short speech, expressing his thanks
for the hospitable manner in which he was
received by the people of this country.—
We arrived just in time to get an imperfect
view of his face as he was about to retire
from the platform of the car. We polite
ly requested Sam Karns, who appeared to
be his Excellency's principal hat-holder,
to permit us to enter the car in which ho
travelled ; but he did not seem disposed to
inform the inside door-keeper, who helped
in the early period of his life to dispose of
Morgan, that a gentleman of our dimen
sions was in waiting, anxious to touch the
hem of the great Hungarian's garment.—
The consequence was, that our prayers, for
virtue, liberty and independence, were
within an ace of sticking in our throat.—
The train, however, soon moved off, and we
in a short time recovered from the disap
Officers of the State Legislature.
The following is a list of the Officers of
the Senate and House of Representatives
for the present session :
Speaker—J. H. Walker.
Clerk—John M. Sullivan.
Assistant Clerk—J. C. Bomberger.
Transcribing Clerks—Messrs. Benedict ;
Snyder and Raymond.
Sergeant at Arms —Wm. P. Thomas.
Assistants—John Essig and Wui. P
Door Keoper—Thos. H. Wareham.
Assistant Door Keepors--J. R. Reigle,
James Molllvaine.
Mossenger—Andrew Young.
Assistant do.—Edward D. Evans.
In the Rouse of Representatives, Win.
Jack was elected Chief Clerk, Win. Pick
ing Assistant Clerk, and Win. L. Gray,
Charles Stockwell, Jno. A. Cummings
and Richard 11. Adams Transcribers; H.
W. Krotzer Sergeant at arms, Jacob Cole
man, Door Keeper, and Joseph Eslinger,
Sreaker—John 8, Rhey.
Proceedings of the Whig County
The Convention met at the Court House,
on Tuesday evening, Jan. 13th, 1852.
J. M'Cnlloch was called to the chair and
J. H. Wintrode appointed Secretary. The
following delegates appeared and took
seats in the convention:
Alexandria Borough: I. Graffius, Esq.
Wm. Moore.
Brady: I. Wolverton, Jeso Yocum.
Barree: Sam'l. Cohen, P. Livingston.
Cass: R. Read, D. H. L. Brown.
Clay: A. Hooter, J. B. Logan
Cromwell: Dan'l. Teague, H. Hudson.
Franklin: Alex. Ambrose, John Conrad.
Hopewell: Adam Fouse.
Huntingdon B: A. K. Cornyn, 11. Stitt.
Henderson: A. Allison, Geo. Nuttier.
Morris: S. P. Wallace, Robt. Tussey.
Petersburg: G. W. Whittaker, J. N'-
Penn: John Garner, J. 11. Wintrode.
Porter: John Hewett, S. M. Green.
Tod: Sol. Houck. J. Cresawell.
Union: Eliel Smith, B. Glassgow.
Walker: Thomas Mctjahan.
Warriormark: John Beck, - Hutch.
On motion, the convention proceeded to
ballot for a Delegate to represent Hunting
don county in the Whig State Convention,
which resulted in the election of Dr. J.
P. Ashcom of Penn. Dr. J. M'Culloch
was chosen Senatorial Delegate, and
Messrs. Thomas McCahan, John Hewett,
Sam'l E. Shoemaker and S. M. Green
were appointed Conferrees to meet others
from Blair and Cambria, and insist on his
confirmation as the Delegate from this
The following Resolutions were offered
and unanimously adopted :
Resolved, That this Convention in view
of the great ability, the unbounded popu
larity, the distinguished service rendered
the country in time of need do therefore
recommend General Winfield Scott as the
Whig Candidate for President in 1852.
Resolved, That the Delegates elected
to represent us in the Whig State Conven
tion are hereby instructed to vote for Gen.
Scott first, for Gen. Scott last and for
Scott all the time.
Resolved, That wo are warmly in favor
of the liberal views of the great Kossuth
on the question of Intervention and are
in favor of Hungary in her next contest
having a clear field and a fair fight.
On motion, the proceedings were direct
ed to be published in the "Huntingdon
On motion, the Convention rose.
J. McCULLOCH, President.
J. H. WlNTftonn, Secretary.
. 117 - A colerod man, named Williams,
was arrested in Lancaster last week as a
Fugitive slave. Ho was alleged to belong
to a citizen of Virginia. Williams was
brought to Lancaster from Philadelphia by
Marshall Roberts on Wednesday last, in
company with eight others, all charged
with being concerned in the Sadsbury riot.
All the prisoners were, upon examination,
discharged the same evening; the evidence
of their guilt being insufficient to authorize
their detention. Williams was immediately
arrested by Henry H. Kline, and hand-cuff
ed before he left the Prison walls. He
was taken in a carriage to Penningtonville
where the party awaited the arrival of the
morning train of cars for Philadelphia.
"Whilst waiting in a room in the Hotel, Kline
and his assistant fell asleep and the alleged
fugitive escaped. We have not heArd of
his being re-arrested.—lndependent Whig.
man and August Wright were killed at
Evansville, Indiana, on New Year's eve by
the explosion of a cannon they were firing.
A piece of the cannon, weighing 43 pounds,
was thrown a distance of a square, when it
broke through a brick wall and fell in the
second story of the house.
al." — Tho Cincinnati papers describe a
new rat trap recently patented by a resi
dent of that city: "It is so constucted
that when Mr. Rat enters and reaches
forth to snatch the bait, his weight acts
upon a spring door, which suddenly opens
and precipitates him into a dark chamber,
in which he can see only one speck of light;
from that he rushes into another chamber,
and by doing so sets the spring of the trap
door by touching a leaver, and in this
manner the trap is re-set and kept set for
any length of time by the animals them
selves, so that without any trouble but to
the rats a whole box full may be caught."
is latelligencer states that Col. Benton
has received intelligence that Col. Fre
mont's quartz mine in California has been
sold to a London company for one million
dollars in cash, and that the money is
ready to be paid in New York, as soon as
the necessary title deeds aro executed.—
Col. Benton is now on his way to Now
York to consummate th. transaction.
Another Fatal Panic.
A dreadful calamity, similar in its origin
to that which so recently occurred in the
Ninth Ward School house, took place be
tween the hours of nine and ten o'clock last
night, in the boarding house, No. 140 Ca
nal street, set . apart by thi commissioners
of emigration for the reception of newly
arrived emmigrants. The building is five
stories high, and at the time of the calam
ity there were about four hundred and
eighty inmates.
The City Hall bell having sounded an
alarm of fire in the fifth district, some per
son on the upper floor cried 'file,' others
repeated the alarm, and the impression was
immediately spread that some part of the
house was in flames. The greater number
of the inmates had retired to bed, and seiz
ed by sudden panic they rushed on the
landings and stairways, in their night
clothes, eagerly striving to reach the front
The pressure was so great that the bal
ustrade gave way, and six persons were
either suffocated or crushed to death, viz :
Mary SweHingham, aged 20, born in Cork,
Ireland ; Mary Murphy, born in Queen's
county, do; Peggy Whalen, aged 26, do.,
do ; John Glennon, aged 14, do., do ; John
W. Dalton, aged 10, born in this city, and
a boy, aged 12 years, whose name is un
known, but who is supposed to have been
a native of Ireland.
The following named persons were seri
ously injured, and conveyed to the hospit
al :—John Hawk, leg and arm broken;
Eliza Savage, shoulder dislocited ; Lucy
Cushing, injured internally ; Win. Whalen,
I shoulder dislocated ; John Egan, body in
jured ; Catharine Sweeny, body injured;
woman, name unknown, arm broken and
other injuries.
Alderman Barr, acting Coroner, sum
moned a jury, this morning, and commen
ced an inquest upon the bodies of the de
ceased, at the Sixth Ward Station House.
The testimony of the witnesses examined
during the forenoon, goes to show that the
building was not on fire, and that the ca
lamity is attributable solely to a sudden
panic, created in the mamr we have de
scribed.—.V. Y. COM. ..adv., Jan. 13.
On Thursday Gov. Johnston sent into
the Senate of Pennsylvania his objections
to the passage of the bill of last session,
for granting the use of our jails to the safe
keeping of Fugitive Slaves. It is as fol
To the Senate of Pennsylvania:—
SENATOIIS:—An act entitled "An Act
to repeal the Sixth Section of an act, enti
tled an act to prevent kidnapping and pre
serve the public peace, prohibit the exer
cise of certain powers heretofore exercised
by Judges, Justices of the Peace, and
Jailors of this Commonwealth, and to re
peal certain Slave Laws," has been held
under advisement since the adjournment of
the last Legislature.
In obedience to the Constitution, I re
turned this bill to the Senate, where it ori
ginated, without my approval, and with my
reasons for withholding it. To those rea
sons, founded on the clearest sense of du
ty and of official responsibility, I invite
your candid attention. They are now for
the first time given, because now, for the
first time since the passage of this act, has
an opportunity offered to confer with those
to whom my reasons may be important, and
with whom they may be operative. The
section proposed to be repealed is in these
words, "It shall not be lawful to use any
jail or prison of this Commonwealth for the
detention of any person claimed as a fugi
tive from servitude or labor, except in ca
ses where jurisdiction may lawfully be ta
ken by any judge, under the provisions of
this act; and any jailor or keeper of any
prison, or other persons who shall offend
against the provisions of this section, shall,
on conviction thereof pay a fine of five hun
dred dollars; one-half thereof for the use
of this Commonwealth and the other half
to the person who prosecutes, and shall
moreover, thenceforth, be removed from
office, and be incapable of holding such of
fice of jailor or keeper of a prison at any
time during his natural life." It is part
of a law passed in the year 1847, under the
Executive Administration of my predeces
sor, and by votes unanimous or nearly so,
of both branches of the Legislature. The
bill under consideration is confined to the
repeal of the section prohibiting the use of
our prisons as places of detention for fugi
tives from labour. If thy' legislation pro
posed authorizes the use of the prisons, it
is in repugnance to the Constitution of the
United States as expounded by the Sup
remo Court. By a decision made in de
rogation of the local statutes of Pennsyl- i
vania, the Supreme Court of the United '
States, held in so many words that all '
State legislation on the subject of the re
clamation of fugitives from labor, whether
to obstruct, or to aid it, to binder or pro
it, is absolutely and entirely prohibi
ted. The legislation of Congress supersedes
all State legislation on the subject, and
by necessary implication prohibits it.
The States cannot enact =Hilary pro
visions on the subject. This is the very
language. If, therefore, an not of Assem
bly were passed authorizing the several
Bounty Commissioners to erect safe hous
es of detention for persons claimed as fugi
tives from. labor, under such regulations as
the Legislature or its agents might pre
scribe, for the reception and safe keeping
of the inmates, a law would be unconstitu
tional, and consectently void, and any sin
gle discontented citizen of a county might
have it so declared. lam unable to see
any difference in this respect between the
special construction of such places of de
teotion regulated and controlled by State
authority, and State agents, and the per
mission to use those already erected and re
gulated by general laws. It is the State
law interfering in the question of the al
leged fugitiCe and his claimant and such
laws the Supreme Court of the United
States have pronounced unconstitutional.
It is not the legislation of Pennsylvania
that has closed our jails against the recep
tion of such fugitives but a formal decision
of the Supreme Court, declaring our for
nice statute on this subject Unconstitution
al; a decision, which until reversed, is bind
, ing on every department of this govern
Nor were the certain consequences of
this doctrine, thus solemnly adjudicated,
unforseen. The present Chief Justice of
the United States, an eminent jurist, and a
citizen of the State of Maryland, in dissent
ing from the opinion of the Court, express
ed his belief that these very effects would
be produced, and foretold the time, when
State agency being repudiated, and State
prisons closed by this very decision, " the
territory of the neighboring States would
become open pathways for fugitives from
labor." These are his words, and they
conclusively show in what light he under
stood the judgment thus pronounced. I
am aware it has been alleged that the
point herein mentioned, as decided, did not
arise in the case. It is answered, that the
Judges of the Court, in their severel de
, visions; declared otherwise.
The Chief Justice, who was present,
and took part in the hearing, and whose
dissenting opinion furnishes his views of
what was decided, says: a But as I under
stand the opinion of the Conrt, it goes fur
ther, and decides that the power to pro
vide a remedy for this right is exclusively
vested in Congtess, and that all laws upon
the subject by a State, since the adoption
of the Constitution, are null and void."
Justice Wayne says, "In that opinion it
is decided : 3 That the legislation by Con
gress upon the provision, as the supreme
law of the land, excludes all State legis
lation upon the same subject; and that no
State can pass any law or regulation, or
interpose such as may have been law or'
regulation when the Constitution of the
United States was ratified, to superadd, to
control, qualify, or impede a remedy en
acted by Congress for the delivery of fu
gitive slaves," then adds, after a learned
argument sustaining this view' "I consid
or the point I have been maintaining more
important than any other in the opinion of
the Court;" alleging, as confirmation, that
this was a point decided, that only three
of the nine Judges composing the Court,
justice McLean makes the inquiry,
"does the provisions in regard to the re
clamation of fugitives slaves, vest the pow
er exclusively in Congress?" and answers,
"the nature of the power shows that it
must be exclusive." "It is contended
that the power to execute it, rests with
the States. The law was designed to pro
tect the rights of the slave holder against
the States opposed to those rights, and
yet by this argument, the effective power
is in the hands of those on whom it is to
operate." "It is essential therefor(' to
the uniform efficacy of this Constitutional
provision, that it should be considered ex
clusively a federal power."
This judgement of the Supremo Court of
the United States determines the law, for
my guidance, and for yours, whatever may
be our individual convictions upon the
subject. If then a prison cannot be built,
under State laws, for the detection of
fugitives—if a prison already built, and
subject to State regulations and rules, re
specting its inmates, cannot be used; and
if in short, all State legislation, of what
ever kind, is prohibited by a solemn de
cree of the Supreme Court—is it not more
than idle to pass an act restorative of laws
thus expressly declared and known in
advance to be unconstitutional! The writ
of habeas corpus would run into these un
constitutional places of detention: the fed
i eral Judiciary would themselves have to
decide the question. The State Judges,
in counties where there is no United States
Judge, and where the fugitive is commit
ted by a mere Commissioner, would be re
quired to issue,the writ of right; and that
which the friends of this repeal have claim
ed as a great boon to the claimants, would
be worse than a mockery. The claim he
now has on the Marshall, and his sureties
for indemnification for the escape of his ser
vant, would be converted into a barren
claim against a county jailor, whose first
duty would be to discharge a prisoner thus
held if he claimed his liberty. Not so
was the law formerly, and before it was de
cided that all State legislation on the sub
ject is prohibited—not so will it bo hereaf
ter, if the principle of the decision of the
Supreme Court be practically carried out,
and this whole vexed and vexatious sub
ject be left to the administration of the
United States officers.
The Act of Congress of the 18th Sep
tember, 1850, commonly known as the
Fugitive Slave Bill, would seem to favor
the same views entertained by Judge
Story, and pronounced in the decision to
which reference has been made. Its whole
tenor shows this, and more than one of its
detailed provisions confirm it. The custo
dy of the fugitive, by State authority is
almost forbidden.
The Marshal and his sureties aro made
subject to a pecuniary liability, for an
escape, which, as the Supreme Court of
the United States have decided, in a pre
cisely analagous ease, is defeated the in
stant the prisoner is transferred to a lo-
cal jail.
In counties where there is no Marshal,
the agent of the commissioner is charged
with the exclusive custody of the fugitive, l
and is allowed, by the Bth section, his ex
penses for keeping him in custody and'
providing him with food and lodging du
ring his detention.
Surely no one can pretend to say, that
this is not a full and exclusive exercise of
federal power on the subject. If so, the
principle of constitutional law, to which I
have referred is interposed, and the leg
islation of a State to transfer this custody
to a local prison is prohibited. • Is it not
then most conducive to peace and good or
der, and the harmonious administration of
the law, that this whole subject be left
where the Constitution places it, in the
hands of the United States authorities.
I have thus frankly stated to the Sen
ate my reasons for withholding my appro
val of this bill. I have limited them strict
ly, guarding myself against any expression
liable to misconstruction to considerations
of constitutional law. I ask for them a
candid and careful consideration.
Harrisburg, Jan. 7, 1852,
Kidnapping Case,
The Westchester Village Record. gives
the particulars of what it describes as a
frightful case of kidnapping. It is stated
that seine time on Tuesday last, a person
front Maryland, accompanied by an assist
ant, visited the premises of Joseph C :Mil
ler and look from his house a young col
ored girl named Rachel Parker, who is
said to be a free girl. They drove up to
the door and as the girl came out they
seized her, forced her into the vehicle and
drove off. Mr. Miller and a number of
the neghbors followed, and the next day
found the girl in the city of Baltimore,
when a charge of kidnapping was preferred
against the individual who carried her off,
and he was bound over for a hearing.—
Miller and his friends started in the cars
on their return; but at Perryville, Mr. M.
was missing, and ho was subsequently
found in the woods, hanging to a trop dead.
The Baltimore papers spea of Mr. M. as
having committed suicide, while the Re
cord intimates that he was murdered.—
That paper also says:—"This daring and
high-handed outrage, in the midst of a
peaceful community—entering the domicil
of a citizen of Pennsylvania, without legal
process, armed with pistols and bowie
knives, and stealing front his premises a
free person—demands immediate and full
punishment. If this state of affairs is to
continuo, the freemen of our Common
wealth aro to be made slaves at the will
of the negro-stealer,
West Nottingham township is the ex
treme southwestern part of Chester county,
and is bounded by Maryland on the south.
It is distant some thirty miles from West
Mr. Miller was a very respectable citi
zen, highly esteemed in his neighborhood,
a farmer by occupation, and leaves behind
a wife and five or six children to mourn
their loss. He recently filled the post of
assessor sail collector, and other public
positions in Ms own township.
From the Daily News, of the 16,
Arrivals from California.
The steamship El Dorado arrived at
New York on Wednesday night from Chu
gres, bringing the California mails of Dec.
16th, 60 cabin passengers and 150 in the
steerage. She also brings $1,082,907 in
gold dust on freight, and $300,000 in pas
sengers' hands.
She brought no later news, than was re
ceived by the Daniel Webster.
The steamship Union arrived at N. York
yesterday morning from Chagres and San
She brings California dates one day la
ter than wore previously received.
The Union brings 150 passengers and
four days later vows from Jamaica.
It is - reported that Admiral Seymour
bad ordered the brig Express, now station
ed at San Juan, to Kingston for the pur
pose of holding a Court of inquiry as to
the firing into the Prometheus.
The Union loft Chagres on the 80th,
and was detained 24 hours at Kingstou, for
coal and water, making the 'passage in the
remarkably short time of 8 days and 10
All 'was quiet at Chagres when tho Uni
on left.
The Georgia had aot arrived up to the
sailing of the Union, though we since learn
that she was not to leave Havana for Ohs
gres until the sth inst.
Panama papers of the 2d have been re
The steamship Republic was one month
in making the distance from San Francisco
to Panama.
The British war steamer Driver arrived
at Panama on the 28th of December, on
her way to England from California.
The Panama Journal estimates that
there, were three thousand passengers in
that city during the week.
The captain of the schooner Rio, adver
tised in the Panama papers for $3OOO but
touiry bond, to complete the voyage.
The papers contain nothing later from
Chili and the Southern portion of Califor
The Xlia California, of Deo. 16th, re
ceived by this steamer, gives the following
as the statement of gold by the steamer
Panama :
To New York,
" London,
" New Orleans,
$l,OBl 756
Hon. G. M. Miles, Judge of the South
ern District of California, died of consump
tion at San Jose on the 14th of December.
The deceased was a member of the Con
vention which framed the State Constitut
Three of the persons concerned in the
shooting of Sheriff Buchanan, have been
arrested and confined at Marysville.
The Nevada Journal recommends a di
vision of the waters south of the Yuba liv
er, so as to cause them to flow through the
gold diggings of that great mining town.
A plan is proposed for the construction
of a solid aqueduct sufficiently capacious
to carry the main body of that stream. It
is estimated that the cost of the work is
three millions of dollars.
The Sonora Herald is of opinion that
the miners generally in the vicinity of
Union Creek aro doing well.
township, Barks county, seven miles above
Reading, on last Sabbath, a young htly,
named MSS MILLER, aged twenty years,
met with an untimely death. Wishing to
visit a neighbor on the opposite side of the
Schuylkill, at LiCENIG'S Ferry, Miss Mu,-
LER walked on the ice until she had reach
ed the middle of the river, when the ice
broke, immersing her in water up to the
arms; and seizing hold of the edge of the
ice, she kept herself from sinking altogeth
er. Her cries brought the neighbors to
the shore, and a boat was obtained for her
relief, but none had the courage to enter
it for her rescue. Those on shore looked
on for more than an hour, when the poor
girl, becoming exhausted and frozen, slip
ped off and disappeared under the ica.—
Even after she had given up her hold on
the ice, she swam on the surface for some
time, and yet no effort was made to save
her life. In a few hours the body was re
covered, and an inquest held by Ald. MIL
LER, of Reading.—Phila. Sun.
EDITORIAL TRIALS,—The editor of the
American Mechanic has encountered trials
unknown to ordinary men. hearken unto
his wailings: “Owing to the facts that our
paper maker disappointed us, the mails
failed and deprived us of our esdhanges, a
Dutch peddler stole our scissors, the rats
aan off with our paste, and the devils went
to the circus, while the editor was home
tending babies, our paper is unavoidably
delayed beyond the proper period of pub
PIIILADELPIIIA, Jan. 21, 1852,
Flour per bbl. $5 00
White Wheat per, buabel 1 00
Red do 91
Rye 72
Corn 01
Oats 89
eleven/0 t ;,o