Franklin Repository

The Union party of Pennsylvania is about to enter a political struggle that is fraught with the most momentous results. It is invincible in power, but fearfully imperiled by treachery. If met fairly by its opponents, its triumph will be overwhelming--never before so decisive, but if it falters before the blandishments of power or seeks to save honors and emoluments at the sacrifice of principles, it will inevitably be defeated. Be it understood in the start that President Johnson has fully determined to exhaust his official power and patronage to secure the success of a Democratic Governor, Democratic Congressmen, and a Democratic legislature, and he will persist in his purpose unless his cowardice prevails over his perfidy, as it did in Connecticut.

The sole safety of the Union party is in its inflexible devotion to its principles. They are so well defined that he who runs may read. They have been created by the country's perils, maintained in the nation's darkest hours, baptized on an hundred battle-fields, and now in what should be the day of safety of the Republic, they are assailed by traitors and their old, persistent apologists and sympathizers, by the old war cry of treason for peace. We have won peace--won it by the sword, the chosen arbiter of traitors. They bowed to the authority of the government only when they were powerless to add more to their work of murder and desolation. They yielded not from sympathy, but from inexorable necessity, and now would, by the aid of Northern Clymers, and Vallandighams, and Seymours, assume to wield the destiny of the government they inherently hate, and clothe treason with the highest honors and power. They seek not to build up, but to complete the work of destruction that they attempted by four years of bloody, desperate conflict; and if they shall regain their power, their highest hopes will be realized.

To accomplish this fearful work, the President, chosen by loyal people to secure to the nation the full fruition of the triumph of our arms, is lending his whole energies. Once given over to the whispers of ambition and devoted to the cause of his own and his country's foes, there is no hope to be entertained that he will relent in behalf of right. The rebels, whose treason he declared must be made infamous, are now his friends, and therefore he invites them to seats in Congress, and Clymer and his supporters respond to the appeal by declaring that disloyal men and blood-stained traitors must rule the nation they failed to destroy by causeless war. On the other hand Gen. Geary declares that the Republic rescued by loyal blood and loyal sacrifices must be ruled by loyal men; that treason is a crime that must be made odious, must have an adequate penalty, and cease to be known in our land save in its crimsoned history, and with him are the loyal millions who saved the nation when treason was attacking its life and copperheads denying its power to preserve its existence.

There can be no mistaking the issues. We do not fear that politicians will not understand the grave questions to be determined; but they must understand that the consistent maintenance of the right will be in defiance of every possible appeal to cupidity and weak ambition. Honors and profits will be bartered from door to door to tempt men from their fidelity, and there is but one course of safety to the Union party and to the nation and that is to defy power with the dignity and fidelity of manhood. If this shall be done, as we have every reason to believe it will, there is no combination that can give victory to wrong. The people have suffered and sacrificed too much to give honor and power to existing traitors and thus insure the creation of a new flood of treason to cloud the land with mourning. They mean to be true and faithful to their priceless inheritance of Freedom. They mean to reap the full fruits of the overthrow of oppression, the fruitful parent of discord and death, and they must be deceived, betrayed, defrauded if they shall by their votes give victory to the relentless foes of the country.

Friends of Union, Freedom and Justice!--the perils of to-day are no less than when treason threatened our capital with hostile armies. The same men who led the battalions of crime to destroy the capital are now thundering at its doors to gain admittance as law-makers. They still have possession of the rebellious States, and with them and their rulers Freedom is a byword and a reproach. They must be overthrown in this new and not less deadly assault upon the life of the nation, or we shall have resisted treason in the field in vain. Be forewarned and thus forearmed. The foe is sleepless and will labor with a heroism worthy of a better cause. Let the Union men not sacrifice their sacred principles for want of corresponding effort. Let the work of organization be commenced promptly in every district, and prosecuted untiringly until it is accomplished. Let information be placed within the reach of every man. The more thoroughly the people are educated on the great issues to be decided, the more decisive will be their verdict for Freedom. No man should wait for his neighbor; none wait to be invited or urged to the work. It must be done, and well done, if we would forever settle the question whether the faithful friends or the implacable foes of the government shall administer it. We hope to see Geary clubs in every township in Southern Pennsylvania within the next sixty days, and the villages should all be thus organized in half that time. Let the decks be at once cleared for action, and henceforth let every Union man spare no honorable effort to crush out in hopeless despair, the efforts of traitors and perfidious rulers to betray the government just saved by the matchless heroism, devotion and sacrifices of twenty millions of faithful people.

COURT PROCEEDINGS.--The second week of the term commenced on Monday, continuing up to noon on Friday, when the courts of Common Pleas and Quarter Sessions were adjourned over the regular Orphans' Court in June next. The following is our report of the proceedings:

IN EQUITY.

Jacob Wister, et. al., vs. The School Directors of Antrim township. Bill in Equity, setting forth that the respondents, without authority of law, levied and assessed a bounty tax to be paid by the complainants and others, citizens of Antrim township, to pay certain bounties to volunteers in excess of the amount authorized by the acts of Assembly of the 25th of March and the 25th of August, 1864. The respondents claim that the levy and assessment was authorized by the act of the 8th of March, 1865. An injunction had been allowed, restraining the respondents from the collection of the tax levied and assessed, until after the case could be heard by the court.

The acts of March and August, 1864, authorized the levy and assessment of $300 bounty for each volunteer, but when Antrim township sought to fill her quota under the call of September, 1864, it was ascertained that recruits could not be obtained for less than five hundred dollars. To raise the funds necessary for the payment of the excess, it was first proposed to procure the money by voluntary contributions, but it was soon discovered that but little money could be realized in this way. Meetings were then held and it was determined to raise the requisite amount by advancements or loans by the citizens, on condition that they were to be repaid if the Legislature legalized the proceedings. Committees were appointed to canvass the township for subscriptions to the loan, and petitions to the Legislature for the proposed act were to be circulated at the same time, but on the assurance of Col. M'Clure, the member at the time, that the act would be passed, this was not done. This was prior to the 19th of December, 1864. Geo. Eyster, Esq., was appointed Examiner, who took a mass of testimony and reported the facts to the court, which are substantially as we have stated them, however briefly, in this report of the proceedings.

On the 8th of March, 1865, the proposed act was passed, in which it was provided that "all loans made in good faith for the payment of the excess of two hundred dollars to each recruit, are hereby legalized and the same shall be paid out of the tax hereby authorized to be collected."

The complainants contend that the money which it is proposed to refund out of these taxes were not loans, but gratuities or donations, and therefore not within the meaning of the Act of Assembly. This position, as well as the collateral points connected with it, were maintained by the counsel for the complainants and combatted by the counsel for the respondents with marked ability. An entire day, Monday, was devoted to the argument, the case being opened by Rowe for the complainants, argued by Stenger and McClure for the respondents, and closed by Sharpe for complainants.

After hearing the case, it was ordered, adjudged and decreed by the Court, that the injunction issued at Chambersburg, on the --day of--, A. D., 1866, restraining the defendant in the collection of the taxes which until then they were proceeding to assess, demand and receive, be and the same is hereby dissolved and that the costs of the suit be paid by the complainants.

The case will be taken to the Supreme Court at the ensuing term in May next.

COMMON PLEAS.

William B. Leas and wife vs. James R. Brewster.--Feigned Issue, framed to test the validity of a deed conveying one-half of a farm in Metal township, belonging to the heirs of Mrs. Mary Gettys. Mary Gettys had made a Will, in which, besides some other bequests to individuals, she gives the bulk of her property to the Boards of Foreign missions and of Education of the Presbyterian church, but dying before thirty days had expired after the execution of the will, these bequests became nugatory. When Mrs. Gettys died she was possessed of a considerable sum of money in gold and silver, and there being a large premium upon specie at the time, a question arose on its distribution, and it was believed necessary to contest the will in order to settle the question. Mr. Brewster entered into an agreement in writing with the plaintiff to contest the will, at his own expense, in consideration of the plaintiffs paying him $50 out of the personal estate. It was afterward ascertained that the conveyance embraced the real as well as the personal estate, and the question was whether it was obtained in fraud. Verdict for the plaintiff. Kimmell for Plff.; Sharpe for defendant.

Ephraim Shank vs. William Fleagle and others, School Directors of Quincy township. Appeal by defendant from the judgement of H. B. Davison, Esq., for $90. The plaintiff, who was the collector of the School tax of Quincy township for the year 1856, brought a suit before Esquire Davison for $90--tax which he alleged was overpaid. The defendants alleged the amount in controversy was over one hundred dollars and plaintiff took a non suit. Sharpe for Plff.; Brewer for defendants.

William M'Grath vs. Edward Etter, Adam B. Hamilton, James Hamilton and others. Action on the case for damages accruing to the plaintiff, for an injury received in being struck by a zinc roof, which defendants were removing from the old Mansion House property in this place. A cry was given, but the plaintiff being deaf did not hear. The injury was a severe one. Verdict for the plaintiff for two hundred dollars damages. Sharpe, Kimmell and Everett for the Plff.; Kennedy and M'Clure & Stewart for defendants.

David Witherspoon vs. Jas. Witherspoon, Executor of Rebecca Curry, dec'd. Assumpsit for services rendered the testatrix during her last illness. Defendant had paid into court $405, in full services rendered. Verdict for plaintiff for $300. Sharpe for plff.; Kimmel and Brewer for deft.

Brough and Harchleroad vs. Wendel Fogelsonger. Appeal from the judgement of P. Hamman, Esq., for $94.20. A claim for damages for the non-fulfillment of a contract on sale of corn. Verdict for defendant. Orr for plff.; Sharpe for deft.

Wm. A. Hays vs. Jas. Brumback. An action in covenant on an article of agreement for the sale of land, in which it was stipulated that if either party failed to comply with the contract, the penalty should be $500. The defendant did fail to comply with the stipulations contained in the article of agreement, and this action was brought to recover the penalty. Verdict for plaintiff for $500. Adams and Sharpe for plff.; Kimmell for deft.

J. Bomberger vs. Frederick Walk. Assumpsit on an unsettled mill account between the plaintiff and the defendant, and an appeal from award of arbitrators for $544,92. Verdict for plaintiff for $109,75. The Verdict being less than the award, defendant moves the court that judgement be entered without costs. Motion for a new trial. Stumbaugh and Sharpe for Plff.; Kennedy and Kimmell for Deft.

John Royer vs. David L. Martin, Elias Brumback, William Martin and Samuel Martin. Trespass vi et armis de bonis asportatis, for carrying away ten hogs, the property of the plaintiff, and disposing of them to their own profit. Verdict for the plaintiff for $200. Rowe and Sharpe for Plff.; Kimmell and Brewer for Deft.