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Franklin Repository: January 24, 1866 Go To Page : 1 | 2 | 3 | 4 |

The Cholera
(Column 4)

Summary: A lengthy piece chronicling the spread of cholera in Europe.

A Momentous Lesson!
(Column 1)

Summary: The editorial celebrates the passage of the bill conferring the right of suffrage to blacks in the District Columbia by Congress and argues that the law has "a broader, deeper and more profound meaning than its language implies." The bill "is a voice of warning" to southerners that treason will not be tolerated nor will race relations in the region continue as they had before the war.

Shall Deserters Vote
(Column 1)

Summary: In light of the fact that there is much uncertainty over the constitutionality of the deserter law, the editors urge the state authorities to draft "proper legislation" to "regulate the qualifications of suffrage in the State." Such a measure is necessary, they explain, to ensure that men who refused to fight for the country in its time of need will be denied "the priceless blessing of citizenship."

Full Text of Article:

This is a grave question, and it must be answered by the legislature of the State. We do not assume that the act of Congress is unconstitutional; but the fact is patent to every legislator that without an enactment of the State clearly defining how the skulkers who deserted the army and their country in the hour of peril, shall be disfranchised, it will never be uniformly enforced. The fact that in nearly every Democratic county the election officers were openly, and in some cases officially, by the District Attorney, advised to nullify the law, and that in every precinct in the State where the Democrats had the election board, such votes were welcomed, regardless of the high crime of which they were confessedly guilty, and the penalty imposed by solemn act of the national legislature, is an admonition to the State that should not be disregarded. There are now many suits pending in different parts of the State growing out of this question, and it is not impossible that all of them may be determined by the Supreme Court of the State and leave some vital point undecided, by which nullification will continue for another year or more.

There have been two judicial decisions in such cases in the courts of common pleas. Judge King decided that deserters cannot be disfranchised without conviction by due process of law, and Judge Elwell in the Columbia district, gave a similar decision. Judge Thompson, one of the Justices of the Supreme Court, gave an opinion--not a judicial decision as there was no case before him--before the last election, in which he affirmed the right of deserters to vote, notwithstanding the act of Congress. The cases decided in the common pleas courts will doubtless be taken to the Supreme Court; but even if the points raised are decided against the right of deserters, there will remain other disputed points which will be made the pretext for defying the law. For instance--Judge King decides but one point out of three raised by the counsel for Mr. Stenger in the case before our court, and the Supreme Court will take cognizance of none but the point decided. The court of last resort may thus affirm the "due process of law" of the act of Congress, and reverse Judge King; and next year we shall have similar suits in court defined on the ground that the act of Congress is an ex post facto law as regards many deserters, or that Congress cannot regulate the qualifications of suffrage in a State. Equally uncertain as to the main points may be suits for damages, brought against election officers either for receiving or rejecting such votes. The courts may decide that, in absence of malice, there can be no responsibility in damages for either alleged offence, and the validity of the law may not become a question in such cases.

Whatever may be the individual views of the legislature as to the validity of the act of Congress, they have this pregnant fact before them--that a solemn enactment of Congress is insolently defied by a large minority of the people of the State, without any judicial determination of the question, and this lawlessness will be persisted in until there is proper legislation on the subject by a power that is confessedly competent to regulate the qualifications of suffrage in the State. In this county one of our bravest and best soldiers, Col. D. Watson Rowe, is deprived of an office by the votes of traitors and cowards who skulked away and denounced the government while he was heroically fighting for the life of the Nation. Had the deserter vote been rejected, he would have been elected by a clever majority. By the same vote, Mr. Duncan held a seat in the Senate for twenty days, and would have held it for three years but for the fact that he had to confront a Senate that resolved all doubts in favor of obedience to the laws. If it were certain that judicial decisions would settle the question fully before the next election so that all must accept a common construction and yield a like obedience to the law, legislation would not be necessary; but there is no reason to hope that the end desired can be attained by appeal to the Supreme Court. In this view of the case, we have left out of consideration the possible decision of the Supreme Court against the constitutionality of the law. If the court shall so decide, on any point raised, then we will be without any penalty for desertion and their votes must be admitted.

We earnestly commend this question to the consideration of the judiciary committees of the legislature. Able lawyers are at the head of both of them, and they cannot too well mature any measure they may propose. Whatever may be done must be in a shape to remove all question as to the validity of the act, or we shall have nullification of our State law just as we have had nullification of the act of Congress. No loyal citizen will deny that the man who refuses to sustain his government when it is assailed by a deadly foe, is unworthy of the priceless blessing of citizenship; and if the penalty can be imposed so that its enforcement shall be certain and uniform, it will be but an act of justice alike to faithful men and to the Nation just rescued by the heroism and sacrifices of our brave defenders.

Koontz and Coffroth
(Column 2)

Summary: The latest report on the controversial election between Koontz and Coffroth indicates that the congressional committee investigating the matter has decided to report in favor of admitting Gen. Coffroth. Though disappointed by the decision, the editors nevertheless maintain their conviction that justice will prevail and Koontz will emerge triumphant.
(Names in announcement: Gen. Koontz, Gen. Coffroth)

[No Title]
(Column 3)

Summary: At the Union County Committee meeting held last Thursday, A. K. McClure and J. R. Tankersly were elected Senatorial Delegate and Representative Delegate, respectively, to the Union State Convention. The two men were issued instructions to support John Cessna for Governor. Because Franklin conceded the Senatorial Delegate post to Adams county last year without "the formality of a conference," it is assumed that Adams will do likewise on this occasion.

Legality of the Deserter Vote
(Column 4)

Summary: A copy of Judge King's opinion in the Rowe vs. Stenger case.

Washington
(Column 7)

Summary: The Repository's Washington correspondent informs readers that whites in the nation's capital, "from the Mayor down to the humblest kitchen girl," are completely demoralized since the House passed the bill granting blacks in the District of Columbia the right to vote.

High Prices
(Column 7)

Summary: The author of the letter discusses the "financial revulsions" currently afflicting the land and the inability of the so-called experts to find a solution to the economic distress.

Full Text of Article:

To the Editors of the Franklin Repository:

What has occasioned the present high prices of almost all articles of consumption? is a question frequently propounded, and generally answered at least to the satisfaction of the party inquired of, if not to that of all others. Whether the solution of the difficulties involved in the inquiry given, is so generally based upon fact and reason, is not so certain. Many of the ablest political economists of the day, have devoted the most earnest attention of their disciplined and well informed minds, to discovering, and elucidating the causes operating to produce, and continue the existing evil of high prices, and to providing a remedy therefor. Unfortunately for the suffering people, the result of their labors is far from furnishing ground to hope for a speedy cessation of the distress, or the prevention of its recurrence at some future period.

These economists, after having thoroughly pondered the teachings of history, after having exhausted the ingenuity of their fertile and far reaching minds, in searching for the causes and remedies of our financial revulsions--so far prove, having discovered some great law operating unceasingly, uniformly and undeviatingly, in establishing prosperity or adversity in the financial condition of a country, in proportion as its admonitions are regarded--so far prove all this, economists have ended their labors by fabricating discordant, conflicting theories, relative to the existing state of the finances, and markets of the country. If the theory of one is rational, that of another must prove ruinous in practice. This is the dilemma in which our statesmen are placed. If our people do not experience immediate relief from their financial burdens from those they have chosen to legislate for them, they must make allowances for the difficulties surrounding the problem and be content to move slowly and carefully from fear he might make "confusion worse confounded."

I do not propose to answer the question with which this article opens. I desire merely to suggest for the consideration of your readers some facts and thoughts connected with the subject that may serve, if properly deliberated on, and traced through all their influences, to give them more correct ideas of some of the laws of trade than many now possess, and so far assist in relieving that much abused class "the speculators" held responsible for all the distress occasioned the community by the present inflated prices. In ruder times, when wants were fewer than they are at present, it was the practice for each person to supply his wants by means of barter or exchange. The cultivator of the soil bartered the produce of his land with the mechanic for articles of his craft and thus all their necessities were supplied. But as communities increased as wants were multiplied, as property accumulated this simple mode of conversion no longer equaled the requirements of society. Some representative of value was necessary to facilitate the conversion of property, something easy of transportation and preservation. To meet this want money was instituted or created. Gold being supposed to contain more desirable qualities for the purpose than any other metal was determined on as the standard of value, or as the representative or as it has been called the measure of value. By means of it every production of the soil, machinery or genius could be exchanged for its value. But in some communities in time even this facility was insufficient for the necessities of trade and commerce, or at least was thought to be so. Whether in reality it was or was not is one of the mooted questions which I do not propose at present to discuss.

Paper money, as the representative of gold, the standard, was introduced. It was supposed to possess some advantages over gold. It was more easy of transportation and safe keeping. Each dollar of paper has supposed to represent a dollar of gold, hid away in the vaults of the person or institution issuing the paper, to be forth coming when demanded by the holder of the paper. This is money or currency based on credit or belief in the ability of the issuer to redeem when thereto required. When this belief exists as long as this ability to redeem in gold continues, this paper currency does fulfill all the requirements of trade and conversion.

Now the liabilities of all Banking institutions consisting in part of paper promises to pay and indebtedness to depositors greatly exceeding the amount of gold (being often in the proportion of ten to one) really in their vaults with which to redeem their liabilities. This Bank may with reason be regarded as in a sound and prosperous condition. She can exhibit assets amounting in the aggregate to far more than her liabilities. But of what they do they consist. A large proportion of it is in the notes of individuals who possess farms but no gold with which to pay their notes, another portion is in the notes of other banks similarly situated, having in their vaults a very small proportion of gold in comparison with their liabilities, depending in fact for the redemption of this paper on the very notes of the Bank first mentioned.

It frequently occurs, when importations of goods greatly exceeded in value those exported from the country, that a consequent demand for gold with which to pay our debt incurred abroad when our paper has no credit are speedily drained of their gold, or, as they style it, in self defence in violation of laws and engagement shut their vaults and refuse to pay it out at all. Hence arises in the public mind the inquiries, is a paper currency a safe one? To what extent its issue should be tolerated? Its effect upon the markets. How guard against the abstraction of our gold to foreign countries? How in a word retain the currency of the country in such a condition that a paper dollar shall honestly represent and be equivalent to a dollar in gold? These inquiries have perplexed the wisest finances of the age. Some of their views will be given again.

Mr. McConaughy Admitted
(Column 8)

Summary: A copy of the report issued by the special committee investigating the contested election between David McConaughy and C. M. Duncan. The report calls for McConaughy to be admitted in place of Duncan.

Local Items--Court Proceedings
(Column 1)

Summary: TAVERN LICENSES: A license was granted to David L. Taylor to keep a tavern at his new house on the site of the old Indian Queen Hotel in Chambersburg. Licenses were also granted to S. F. Greenawalt and John Miller, Chambersburg; Daniel Stitzel, Marion; David Guyer, Horse Valley; A. B. Siebert and Childerson Robertson, Concord; Alex. Martin, St. Thomas; William Bratten, Hamilton township; and David Kitzmiller, Roxbury, all old stands. In view of the probable increase of the population of Roxbury from the erection of the contemplated Glass Works at that place, the court authorized the opening of another house there and licensed Samuel Staver to keep it. ROADS, & C.: The report of the viewers recommending a bridge over the East Conococheague creek near David Lehman's mill, in Green township, was concurred by the grand jury. The report of the viewers by which part of a road in Montgomery township was vacated and supplied was confirmed ni si and ordered to be opened twenty feet wide. The same disposition was made of a road laid out in Lurgan township and another in Green township. A petition for the review of the Lurgan township road was presented and viewers appointed. Petitions were also presented for the review of two roads in Guilford township, and one to vacate a private road in Southampton township, and viewers appointed for each case. The report of viewers laying a road from Concord to the Perry county line was confirmed ni si and ordered to be opened twenty feet wide. QUARTER SESSIONS: Com. vs. Peter Williams and John Jackson--Assault and Battery, on the oath of William Henneberger. Nolle prosequi entered leave of court. Com. vs. William Halter--Fornication and Bastardy. Nolle prosequi entered by leave of court. Com. vs. John Knepper, of Georgia--Fornication and Bastardy. Defendant held in $500 to appear at the next term to answer. Com. vs. Daniel Myers--Assault and Battery, on oath of Samuel Foreman. Nolle prosequi entered by leave of court. Com. vs. Francis Ward--Larceny, on oath of John Leidig. Not a true bill. Com. vs. Jacob Myers, Sarah Myers, Caroline Jameson and Eveline Jameson--Riot and Assault and Battey. Not a true bill, and Eli Gates, the prosecutor, to pay the costs, except the four dollars to the county. Com. vs. Caroline Jameson--Assault and Battery. Not a true bill, and Eli Gates, the prosecutor, to pay the costs except for the four dollars to the county. Com. vs. Frank Miller--Assault and Battery. Not a true bill, the county to pay the costs. Com. vs. Lewis Embich--Assault. Not a true bill, and the prosecutor to pay the costs. Com. vs. Jacob Barncord--Assault and Battery. Defendant held in $100, to appear at the next term to answer. Com. vs. John E. Jones--Neglecting to repair road. Defendant held in $100, to appear at the next term to answer. Com. vs. Thomas Nokes--Adultery. Not a true bill, the county to pay costs. Com. vs. Jerome Deitrich--Furnishing liquor to minors. A true bill. Defendant pleads not guilty. Verdict not guilty, but that the defendant shall pay two-thirds of the costs and the prosecutor one-third. Com. vs. Jacob R. Shank--Furnishing liquor to minors. A true bill. Defendant pleads not guilty. Verdict not guilty; but that the defendant shall pay two-thirds of the costs and the prosecutor one-third. The parties in the two foregoing cases hail from near State Line. The brother of one of the defendants lately married, was complimented with a "'calathumpian serenade.'" The defendants dealt out cider and diluted whiskey to the serenaders, among whom were the little boys of the prosecutor, and the matter was thought worthy of arbitrament of His Honor and a jury. Com. vs. Jeremiah Shockey--Disturbing a religious meeting, on oath of Daniel Mentzer. Not a true bill, and the prosecutor to pay costs. Com. vs. Jeremiah Shockey--Assault and Battery. Nolle prosequi entered by leave of court. Com. vs. Jeremiah Shockey--Larceny. A true bill. Defendant pleads not guilty. Verdict, not guilty. The defendant who was quite a young boy, was charged with stealing money to the amount of about $25 from Fanny Brown. The commonwealth, depending mainly upon the boy's confession, which the court excluded on the ground that it was improperly obtained, failed in proof. Com. vs. Henry Grey--Assault and Battery on oath of Peter Snider. At true bill. Defendant pleads guilty and submits. Sentenced to pay a fine of one cent to the Commonwealth and undergo an imprisonment in the county jail for one calendar month, to be computed from the expiration of the sentence in the larceny case. Com. vs. Henry Grey--Larceny. A true bill. Defendant pleads not guilty. Verdict guilty. Sentenced to pay a fine of one cent to the Commonwealth and undergo an imprisonment in the county jail for two calendar months. The defendant, a young colored man under the influence, as he said, of a "number of good christmas gifts," stole a pair of shoes that day from a young man at Fisher's Hotel and was making off with them when Peter Snider sought to arrest him and was knocked down stairs for his pains by the thief, getting an arm dislocated. Com. vs. Columbus Baily--Larceny. A true bill. Defendant pleads not guilty. Verdict guilty. The defendant in this case stopped as a guest at Fisher's Hotel, and during the night stole a quantity of clothing and jewelry. He was arrested at Carlisle the next day with the goods in his possession. He was tried and sentenced on Tuesday and asked the sentence to be delayed until the next morning. In the early part of the evening he asked Mrs. Doebler, the wife of the Sheriff, for a piece of bread for a fellow prisoner, when the prison gate was opened he caught the lady violently by the throat choking her and forcing past her made his escape. Immediate pursuit was made and though he was traced to Greencastle, nothing further has been heard of him. A reward of twenty-five dollars has been offered for his arrest. He is quite a young man and of rather prepossessing appearance. Com. vs. Eli Gates--Assault and Battery. Not a true bill, and Carolina Kane, the prosecutrix to pay the costs, except the $4 to the county. Com. vs. Eli Gates--Two indictments, one for keeping a disorderly house and one for selling liquor without a license. True bill. Defendant pleads not guilty. Verdict guilty. Not sentenced. Com. vs. Frederick Jones--Assault and Battery, on oath of Arthur Johnston. A true bill. Nolle prosequi entered by leave of court. Com. vs. Samuel Stahl--Fornication and Bastardy. Defendant held in $500, to appear at the next term to answer. Com. vs. Asrom Hambright--Public Nuisance, on oath of William Berry. A true bill. Defendant pleads not guilty. Verdict guilty. Sentenced to pay a fine of one dollar to the Commonwealth and costs. In this case the defendant removed stones from a road in Green township, somewhat to the damage of the public highway. The defence set up was that the road encroached on defendant's land. Com. vs. Thomas McAfee, James McAfee, and John McAfee--Receiving and concealing stolen horses. Defendants held in $500, to appear at next term to answer. Com. vs. Leah Fox and Lucinda Fox--Keeping a bawdy and disorderly house. Nolle prosequi entered by leave of court. Com. vs. Joseph R. Winters--Assault and Battery, on oath of George Williams. A true bill. Defendant pleads guilty and submits to the court. Sentenced to pay a fine of ten dollars to the commonwealth and costs of prosecution. The prosecutor undertook the care of the horse and buggy of defendant while he remained in the colored church of this place to witness a marriage ceremony, wherein two "cullud pussons" were made as one. On coming out of the church defendant found the horse and buggy gone, and getting what he termed an "abrupt answer" upon inquiring, administered a gentle reproof by knocking out one of the prosecutor's teeth. Com. vs. Philip Smith--Arson. A true bill. Defendant pleads not guilty. Verdict, not guilty on grounds of insanity. The defendant was charged with setting fire to the stable of his step-mother, Mrs. Catharine Smith, in the borough, on the night of the 1st of December last. He was seen applying the match by a colored man, who immediately gave the alarm. The defence attempted to prove an alibi but did not succeed to the satisfaction of the jury. Proof of insanity was adduced, and the fact conceded by the Commonwealth. Com. vs. William LeMott--Larceny. A true bill. Defendant pleads not guilty. Verdict, guilty. Sentenced to pay a fine of $1 and the cost of prosecution and undergo imprisonment by separate and solitary confinement, at labor, in the Eastern penitentiary, for one year and one month. The defendant was charged with stealing $15 in greenbacks and one Mexican silver dollar from James Wiley. Both were colored men. When arrested, LeMott had on his person two dollars in greenbacks and the Mexican dollar. The prosecutor stated that he obtained the silver dollar in Mexico, getting there occasionally across the Rio Grande by "schemes," while in Texas, and described it as having a "spranled sun" on one side. The defence attempted to prove an alibi by showing by another black person that defendant was at the colored church in this place, drunk early in the evening, to witness a "ceremony of matrimony," and the witness thought he could not have been sober enough by one o'clock to commit the theft. The jury though otherwise. COMMON PLEAS--FIRST WEEK: Addison Imbrie vs. John Palsgrove--Assumpsit on a book account. No defence. Verdict for plaintiff for $490. Jacob S. Lynn vs. Jacob Heisey--Appeal by defendant from a Justice's judgement for $34 and an award of arbitrators for $51. Verdict for plaintiff for $19. Jacob S. Brown vs. Samuel M. Worley and Edward Aughinbaugh. Trover and Conversion. Jury failed to agree and were discharged. Jacob Glass vs. Henry Kyle and wife--Scire Facias on a mechanic's lien. Verdict for defendant for $15.33. The other cases put down for the week either settled by the parties or continued by the court. The court sat late on Saturday night, and only adjourned when Saturday night gave place to Sunday morning.
(Names in announcement: David L. Taylor, S. F. Greenawalt, John Miller, Daniel Stitzel, David Guyer, A. B. Seibert, Childerson Roberston, Alex Martin, William Bratten, David Kitzmiller, Peter Williams, John Jackson, William Henneberger, William Halter, John Knepper, Daniel Myers, Samuel Foreman, Francis Ward, John Leidig, Jacob Myers, Sarah Myers, Caroline Jameson, Eveline Jameson, Eli Gates, Frank Miller, Lewis Embich, Jacob Barncord, John Jones, Thomas Nokes, Jerome Deitrich, Jacob R. Shank, Jeremiah Shockey, Daniel Mentzer, Henry Grey, Peter Snider, Columbus Baily, Mrs. Doebler, Eli Gates, Frederick Jones, Arthur Johnston, Samuel Stahl, Asrom Hambright, William Berry, Thomas McAfee, James McAfee, John E. McAfee, Leah Fox, Lucinda Fox, Joseph R. Winters, George Williams, Philip Smith, Catharine Smith, William Lemott, James Wiley, Addison Imbrie, John Palsgrove, Jacob Lynn, Jacob Heisey, Jacob Brown, Samuel M. Worley, Edward Aughinbaugh, Jacob Glass, Henry Kyle)

Local Items--Return of the 77th Regiment
(Column 3)

Summary: The article reports on the much-anticipated return of the Penn. 77th Regiment, "one of the first volunteer regiments to enter the service, and among the very last to leave it." The piece includes a brief history of the regiment's participation in the late war, from its inception in October 1861 under the leadership of Col. Stumbaugh and Lieut. Col. Housum to its final assignment in Texas at the conclusion of the conflict.

Local Items--Prof. Day's Lecture
(Column 3)

Summary: Relates that Prof. Day, "a man of color from New York," delivered a lecture at the Court House last Tuesday. In his address, Day pleaded the "cause of his brethren in a dispassionate manner and in language often vigorous and never strained or high-flown." The speech "was appreciated by his hearers."

Local Items--The Concert By the Musical Union
(Column 3)

Summary: The Chambersburg Musical Union gave a performance in the Court House last Thursday evening "to a good house and with decided success."
(Names in announcement: Prof. R. A. McClure)

Local Items--Sons of Temperance
(Column 3)

Summary: The Falling Spring Division, No. 122, was organized on Monday night under the guidance of G. W. P. Louis Wagner of Philadelphia. The following officers were elected: P. W. P., Nathan S. Tyson; W. P., Jacob Henninger; W. A., Frank Henderson; R. S., Barnet Earley; A. R. S., W. F. Eyster; T., James A. Reside; F. S., W. E. Tolbert; C., C. H. Bush; A. C., J. M. Paxton; I. S., Joseph L. Hockersmith; O. S., Thomas Henneberger.
(Names in announcement: Nathan Tyson, Jacob Henninger, Frank Henderson, Barnet Earley, W. F. Eyster, James Reside, J. N. Paxton, W. E. Tolbert, C. H. Bush, Joseph Hockersmith, Thomas Henneberger)

Local Items
(Column 3)

Summary: At the meeting of the First National Bank of Greencastle held on Jan. 9th the following men were elected Directors: J. C. McLanahan, J. Ruthrauff, J. Shook, Melchi Snively, J. Rowe, J. B. Crowell, Jesse Craig, S. A. Bradley, J. Miller, and A. B. Wingerd. At a subsequent meeting of the Directors, J. C. McLanahan was unanimously re-elected President and L. H. Fletcher Cashier.
(Names in announcement: J. C. McLanahan, J. Ruthrauff, J. Shook, Melchi Snively, J. Rowe, J. B. Crowell, Jesse Craig, S. A. Bradley, J. Miller, A. B. Wingerd, L. H. Fletcher)

The Mercersburg College
(Column 3)

Summary: Announces the start of the second session of Mercersburg College, under the charge of Rev. Thomas G. Apple.
(Names in announcement: Rev. G. Apple)