Franklin Repository

The recent compromise enacted in Ohio, by which three or four men accused and arrested for the crime of kidnapping, and committed for trial, were suddenly let off without trial, without reprobation, without punishment for so great a wickedness, demands some explanation. It seems these guilty men, guilty of one of the highest crimes known in barbarous or civilized, in savage or Christian society, were swapped off in exchange for four or five innocent men, accused of the crime of ministering a cup of cold water, according to the command of the Savior of the world, to the outcast and the fugitive. The guilty men were let off as innocent, on condition that the innocent men might not be subjected to trial as guilty.

It was a species of exchange of prisoners in this war now waging for freedom, between the people of the United States and the slave-power. How the innocent men themselves could have submitted to the exchange is a mystery; for it certainly savors of degradation and the baseness of a bargain, for some fifteen good Samaritans, condemned for an act of pure benevolence, to be put in the scales, and weighed against four men stealers, it being intended that neither party shall kick the beam; but, poised in air by American justice, they are exactly on a level, so that, provided the wretches guilty of men-stealing can be let off free of the gallows or of the state-prison, the Christians charged with the sin of pitying the stolen man, may be set at large in like manner.

It seems then that the sin of aiding a poor fugitive in our country, is on a par with the crime of kidnapping a man; that any day a kidnapper may be secure from any punishment of his villainy, provided only that the Government happen to have on hand in their possession a prisoner of humanity to offer in exchange. And the people of Ohio seem to have come to that degree of humiliation, that they accept with joy and exultation, as if it were a great triumph, the release of fifteen innocent Christian men, charged with crime in having had compassion on an oppressed fellow being, on condition (as an offset for the mercy of such deliverance) that they let go unscathed the four apprehended men stealers! The men-stealers, as we understand it, were charged by the state of Ohio, with having been found, in the language of Gov. Chase, in the act of making war against the state, and being accused of the crime of kidnapping.

The innocent men were accused of compassion, in attempting to protect the injured victim of such kidnapping, cruelty, and violence, and were in power and charge of the United States; and these two sovereign parties and powers propose a cartel, or exchange of prisoners; we know not from which side the proposition came, but so it is, or was; the exchange was proposed, and has been effected; a noll. pros. on the one side, entered as an equivalent for a noll. pros. on the other, and so the whole difficulty settled! We know not whether to call this a tragedy or comedy of justice; it is a farce, a disgrace, both to Ohio and the Federal Government, to dignify it with the name of justice.

For if the fifteen men, arrested and thrown into prison for having compassion on the trembling fugitive, were guilty of a crime against the just and constitutional laws of this country, they ought not to be let off on a bribe, on a bargain, they ought to receive the punishment due to their crime. If the sovereign state of Ohio could not justly and constitutionally protect them, it ought not to consent to their being released; the people at the same time going into hallelujahs for this event, as if it were a great act and triumph of patriotism.

But if these men were unjustly accused and imprisoned, if the Federal Government had seized them by an act of tyrany [sic], under contrivance of a slave-bill, and with pretense of rightful law, such law being unconstitutional and void, they being free citizens of the state of Ohio, and subject in this matter only to her jurisdiction, and amenable to her laws and courts, then it was the duty of the state of Ohio to have protected them. It is the least and lowest thing that any sovereign state can do for its citizens, to protect them from being seized by a foreign power on their own soil, hurried away from their families, thrust into jail, and held for trial before a tribunal that has no rightful authority over them, on an accusation for a crime, the very allegation of which, and the forcible proceeding in consequense, [sic] were unconstitutional. If a sovereign state cannot protect its citizens against such tyranny, such violence, what is its sovereignty worth, what is it good for? If a sovereign state will let its own free citizens be snatched up in this ignominious and oppressive way, and will tamely consent that its own judges shall refuse even the writ of habeas corpus for releasing the citizens, thus wrongfully captured, out of the grasp of such tyranny, and placing them, for trial at least, under protection of the state courts, we see not what prerogative of sovereignty it has left, which is not a mere sham, a laughing-stock.

John Randolph's toast concerning State Rights may be drunk by the slaveholders over the dead body of such a sovereignty, with a hip and ahurrah! De mortuis nil nisi bonum. Indeed, nothing need be said, good or bad, concerning such dead stuff. The slave-power can afford to give such a state, that will thus sacrifice the personal liberty of its citizens at the bidding of an infamous unconstitutional federal slave-bill, the largest liberty of the yard, the fattest pasture, and the longest tether. A state that will bury its state rights beneath the lid of such a sepulcher, and then receive as a boon the release of its innocent citizens from the Federal prison, by itself releasing a gang of robbers and kidnappers, whom it was under sacred obligation to have punished, a state that will buy as a good bargain, or accept as a boon from tyranny, what belonged to it by freedom and justice, what it ought to have demanded and extorted as its simplest right, its indisputable authority and possession; a state that for the sake of such a bargain, such a gracious condescension of the slave-power, will agree to stand by, and see the violation of its own state laws with impunity; a state that will consent to dismiss a gang of kidnappers from its prisons unharmed, on condition that its own free citizens, unrighteously imprisoned, may be unbound and let off without trial; -- such a state may be indulged by the Federal Government, and the slave-power enthroned over it, in any of the most extravagant, jubilant anthems concerning the opening of the prison doors, and letting the oppressed go free; in any freaks and sallies of speculative demonstrations, in conventions, in resolutions, in speeches all blazing with the pyrotechnics and thundering with the detonating powder of the highest republican and democratic liberty. The grandeur such harmless, ineffective enthusiasm, the safer for the slave-tyranny; the more sublime the flight of the spread eagles of state eloquence, the more abject and spiritless will such a people be, whose ardor in the cause of freedom is afraid to assert the right, and bribes the wrong; whose zeal shuns the form and cost of brave decisive deeds, and expends itself in speculative toasts and hallelujahs.

There being no intention, nor any danger of going beyond the form of mere speculation concerning liberty, it costs nothing, as Burke said of the flights of hypocrisy, to have it magnificent. And our slave-drivers need not be afraid, though Bunker Hill Monument itself should, one of these Fourth of Julys, be rammed full with powder, and the charge wadded with all the glittering generalities of the Declaration of Independence, and the column started and fired down South, with the huge hissing red-hot ball flaming from its granite throat, that all men are born free and equal, black or white, and that property in man is a lie, a curse, and an impossibility.

On the other hand, if the four men (we believe there were four) imprisoned in the state of Ohio for the crime of kidnapping, were really guilty of that crime, they should have been tried, sentenced, and punished for it. Where was the authority, either in law or justice, to let them off? If they had not been guilty of that crime, then their accusers, or those who threw them into prison, ought to have been tried for slander and false imprisonment. If they had been guilty of that crime, being one of the most atrocious offenses that can be committed against society, a capital crime, denounced by God himself as worthy of death, and by our own laws, when committed in Africa, as piracy, and in even this country, as robbery and malignant violence; if they had been so guilty, then the state of Ohio was guilty in letting them go free.

It would seem that while slaves cannot go free, criminals can. But by whose authority could the noll. pros. in behalf of these wretches be issued or entered, and the indictment against them dismissed? Suppose that three or four rascals were taken at midnight in our streets, in the act of highway robbery, and thrown into prison for trial; where is the power, legal, judicial, or executive, state or Federal, by which it could rightly be said, They shall not be brought to trial; let the prosecution be withdrawn, and let them go forth again into society, unscathed by the law or its penalty? Where is the man, or the body of men, the judge, or the personal or political friend, the president or the government, that would dare propose the emptying of one of the corridors of Sing Sing and the deliverance of the prisoners there, as a condition, a boon, a bargain, a cartel of exchange, on the ground of which those four highway robbers should be released and sent home to their dens, to plot new crimes with impunity, the public, meanwhile, mystified and astounded with such processes of justice?

Again we ask, Why were not these kidnappers brought to justice? Is that the kind of State Sovereignty which Ohio is going to teach and exercise, the right of entering a noll. pros. in behalf of vile criminals, on condition that her own free citizens may not be oppressed by the Federal Government, or brought to trial for their humanity by the slave-power? Is the right of delivering men-stealers out of prison without trial, without punishment, a State Right which Ohio can exercise, while her judges dare not rescue her own injured citizens from despotism? Are the people of Ohio willing that the deliverance of their citizens from unjust imprisonment shall be bargained for and bought by the shelter and relase [sic] of rogues and villains that deserve to be hanged?

There is a greater outrage still in this shameful proceeding. We see it noticed that Judge Wilson of the United States Court, in pronouncing sentence against young Bushnell for obeying God rather than man, in disobeying an unjust law, declared "that if the standard of right is placed above and against the laws of the land, those who act up to that standard are anything else than good citizens or good Christians."

What insolent defiance of God and his Word, God and his righteousness, God and the authority of his righteousness, by such a judge! The standard of right is God's law, God's Word; and here we have a judge of the United States Court declaring the laws of the land superior to it, and to be obeyed rather than the right, and that he who acts rightly, when the right is against the human law, is anything rather than a good citizen or a good Christian! What a teacher of injustice and immorality by law, in our highest public tribunals! What denial of the common law, common sense, common liberty, and common piety, of all Christian communities! The teaching by a judge upon the bench that unrighteous law can make wrong right, and bind the conscience to subjection, is the destruction of public, private, and personal morality; it corrupts the very fountain of our principles, and constitutes itself a fountain of debauchery and wickedness. It subverts the foundations of our freedom, destroys the very possibility of resistance against tyranny, perverts and palsies the conscience and the heart, which alone can justify, under instruction of God's Word, and impel and sustain such resistance, in reliance upon God. It is treason against the country and against God. It is extra-judicial insolence and impiety; but it is perfectly consonant with the equally impious and intrusive dictum now being thrust upon the country as the highest law, that black men have no rights that white men are bound to respect! C.

We remember when we were living down east, of a neighboring farmer hiring a jolly Irishman, who was very fond of learning tricks. One day his employer asked him if he wouldn't like to "larn a Yankee trick." Bringing him to the end of a brick barn, Jonathan laid his open hand against the wall, remarking --

"Pat, I'll bet the liquor you cannot hit my hand.",

"It's done!" says Pat, making a vicious blow at the palm of his hand, but it being quickly withdrawn he succeeded in peeling the skin and flesh from off his knuckles.

"That's a d--d nasty trick!" roared Pat, but howled on, "I'll cheat somebody else!"

"[sic] A few months passed, and Pat's brother came over from Ireland, as green as early peas. They both labored together, but Pat was uneasy till he would have learned his brother the Yankee trick.

"Jim, did you ever learn a Yankee trick l' [sic]

"Niver."

Pat finding himself in the centre of a large field, thought it would be a great loss of time to go to the barn, and reaching out his open hand he cried --

"Strike that, if you can!"

Jim made a desperate pass, but Pat, having pulled away his hand, Jim fell after the blow, remarking that that was an old woman's tick [sic].

"Try it now!" shrieked Pat, with laughter, placing the same open hand against his own mouth.

Jim prepared for a sockdolager, and bringing his massive "bunch of fives" in loving proximity with Pat's nose and mouth, who pulled away his hand as before, he sent him reeling to the earth with the loss of four teeth and a large quantity of blood, for "larning him the Yankee trick."

Two Irishmen were one day engaged in the highly interesting task of stealing a few peaches. Pat being the more nimble of the two had climbed the tree and was busily engaged in shaking the fruit therefrom, when he was stopped by Jamie with the exclamation --

"Arrah, Pat, and shure have payches legs?"

"No, you fool, why do you ask that question, ye blatherhead; don't be making a noise, but pick up the payches," replied Pat.

"But, Pat, are yeas shure that payches hovn't ony legs?" continued Jamie.

"Didn't I tell yes they hadn't, ye bloody spalpeen," answered Pat.

"Well, then," said Jamie, "if payches hain't got legs, be the mortal gob I've swollered a sthraddle-bug.

Jamie had swollered a tree-toad.

A rumor has been in circulation for some days to the effect that this excellent thoroughfare is about to change hands, and that a new order of management is to prevail. With reference to this matter we clip the following from the Carlisle Herald, endorsing heartily every sentiment it expresses favorable to the present gentlemanly, efficient board of officers, from highest to lowest:

"The amount of investment, by many of our citizens in the capital stock of this road, and the large interests held by individuals, engaged in the business of forwarding, in the shape of warehouses, rolling stock, &c., has caused some excitement in regard to the rumors that the Pennsylvania Railroad Company had purchased largely of its stock. Fears have been entertained that this gigantic corporation had stretched an arm of power over the Cumberland Valley Road, heretofore considered local in its character, and quiet and efficient its management, rendering most valuable service to the community whose business it did, returning remunerative profits to its stockholders, and commanding an amount of confidence rarely incident to any corporate work; some supposing that this management is to be broken down, and their investments thus rendered uncertain and speculative -- others, having interests at stake of another kind, that the Penn'a. R. R. Co. would assume the Company business, and that thus individual interests and capital would be sunk -- and others again, that the general interests of the Cumberland Valley Company would be made subservient to, and dependent upon, the successful operation of the Pennsylvania R. R. Co. and its City management. In distant counties, as we see from our exchanges, it is confidently asserted that the entire road, without reserve, has been sold to the Penn'a. Company; but they considerately inform their readers, that the terms of the sale and transfer have not yet transpired!

"Whilst we could not, ourself, entertain the idea that the Penn'a. Railroad Company, with so intelligent a head as the gentleman who now presides over its operations, would inaugurate any policy destructive of the vested interests of this road, or deem it of importance to the interests of the Penn'a. Company to interfere materially with a system of management which has brought the Cumberland Valley Railroad Co. to that high degree of credit, attained by few, if any, railroad companies in the country. Yet, as a public journalist, we have conceived it to be our duty to make inquiry from an authentic source, upon this subject so important to very many of our citizens.

"Our information leads us to the conclusion, First: That there is no danger to be apprehended to any interest whatever, from the action taken by the Pennsylvania Railroad Company. The contingent fund of that Company has been invested in the purchase of about nine thousand shares of the capital stock of the Cumberland Valley Railroad Company. Railroad Companies, like individuals, seek to promote, at all points, their business interests, and as the trade of this valley, seeking a market at Philadelphia, is a large and increasing business, it is natural that the Pennsylvania Railroad Company should seek to obtain it, in preference to letting it go over their rival road, the Lebanon Valley; and they have reason to believe that the largest interest in the Cumberland Valley Road, of which they have possessed themselves, will be a sufficient inducement to the business men of this valley, whose interests, so far as the road is concerned, is now identified with theirs, so to direct the trade of the valley as will best promote their common interests.

"Second: That it is not the wish or design of the Pennsylvania Railroad Company to divert their stock or business, in any shape, from the line of their own road, but to concentrate their efforts to promote their interests there, by all legitimate means.

"The contest, which is now waging between the great roads leading from the West to the East, is a question of great interest to the Pennsylvania Railroad Company, and indeed, to Pennsylvania itself, and, doubtless, one which that Company has kept steadily in view. How far Western connections, leading directly to the city of New York, and thus ignoring our own metropolis and their road, have entered into the views of the Pennsylvania Railroad Company, in their present purchase of stock in this road, we are not advised, but it strikes us as being a wise policy that they should look forward to these things.

"So large an investment as the contingent fund of the Pennsylvania Railroad Company in the stock of the Cumberland Valley Railroad, is an earnest of the confidence reposed in its capital and management, by one whose sagacity in Railroad management is proverbial, and it cannot for a moment be supposed that any policy will be introduced that would tend to depreciate its present value."

On Wednesday last, the 3d inst., Mr. CHARLES ALLISON, of this place, while accompanying the wagon which hauls straw to the Paper Mill of Mr. JACOB HEYSER, asked for, and obtained permission to drive the team. The team did not seem to be traveling fast enough to suit him, and he struck the saddle mule, which kicked up and threw him forward on his head upon the turnpike, causing concussion of the Brain from which he died in a few hours.

On Thursday last, the 4th inst., in pursuance of previous arrangements, a magnificent Parade came off [i]n Shippensburg, of the two Companies of Firemen, Vigilent [sic] and Cumberland Valley, of that place and their invited guests -- consisting of the following Companies:

Citizen, of Harrisburg; Hope and Friendship, of Chambersburg; Union, Cumberland and Good Will, of Carlisle; Washington, of Mechanicsburg; and the Empire Hook and Ladder Company of Carlisle, ten companies in all, numberlng [sic] about 750 men.

The display was very imposing. The streets presented a beautiful appearance, being spanned at regular intervals with handsome arches of evergreens, interspersed with most beautiful flowers. The hospitality of the good citizens of Shippensburg far outshone, however, the beautiful scenery upon the exterior of the houses. Could we have eaten as often as we were invited, we could have supplied our inward man with enough for a fortnight, or longer. We had often heard Shippensburg spoken of as a great place for pretty girls but when we beheld them for ourself, on Thursday last, we were ready to exclaim, with a certain Queen of old, "the half had not been told us." We doubt not, Shippensburg was gratified at the large turn-out of the people to witness the Parade; and we are certain that all the visitors were more than satisfied with the treatment they received at the hands of the kind and hospitable citizens of that ancient borough.

We regret to be compelled to record the fact that two young men, firemen, the pride of parental hearts, and highly popular with their companions, lost their lives while returning from the Parade. Captain JAMES McCARTNEY, son of Maj. McCartney, of Carlisle, was crushed beneath a car, at Newville, which he was attempting to climb upon while in motion. He was so horribly mangled that he died in several hours after the accident. -- No blame can possibly attach to the Railroad Company or any of its employees. They did all in their power to prevent any person getting injured; but they could not guard against a man jumping in the way of danger while the train was in motion.

The other was a young man by the name of WILLIAM RUTTINGER, a blacksmith by occupation, and a native of Bedford County, in this State. He was found dead by the engineer of the freight train, on Friday morning about daylight -- three and a half miles east of this place. His remains were immediately brought to town, and T. J. WRIGHT, Esq., acting as Coroner held an inquest over the body. The verdict of the jury is that the deceased was lying upon the track and was killed by the cars which came to town from Shippensburg at 11 o'clock on Thursday night. He had been upon the 7 o'clock train and lost his hat, about six miles from Chambersburg. He left the cars at Scotland Station, 5 miles from town, and walked back for his hat. He must have taken sick, after walking the three or four miles, which he did, as he had vomited upon the road, but a short distance from where his mangled body was found. He was, evidently, lying upon the road below the reach of the cow-catcher; as no marks can be found upon it -- which would have been the case if he had been standing up, or even in a sitting posture.

The night was quite dark and he was not seen by the careful Engineer. All the care which prudence could suggest was exercised. Col. LULL, the indefatigable Superintendent, passed over the road himself, a number of times, on that day, with the word of caution constantly on his lips. The Jury, after a close investigation, acquitted the Company, and its attachees, of all blame.

The Grand Jury yesterday found true bills agrinst [sic] P. S. Dechert, George Mengel, and W. H. Boyle, two against each of them, who, we stated, a week ago, had been arrested on the charge of libel, at the complaint of Col. McClure. The Col. withdrew the prosecution against Mr. George Ripper, upon being assured that he, although part owner, has no voice in conducting the Spirit. The Col. is not actuated by malicious feelings, in conducting these prosecutions, and would, therefore, scorn to punish an innocent man.

A Camp Meeting will be held on the lands of Jacob Lehmaster, two miles north-east of Mercersburg, adjoining the grounds on which the Camp Meeting was held last year. The meeting will commence on Friday, the 2d of September, and continue one week.

The law protecting Religious Meetings will be strictly enforced.

WM. EARNSHAW,

JAS. W. McCORD,

Preachers in charge of Mercersburg Circuit.