USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 105
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I am happy to hear Mrs. P- has blessed you with a son, and that she is likely to recover, and assist in form- ing his young mind, and placing him in the bright path to honour, virtue, freedom and glory; from which, I trust, that neither he nor my little fellow will turn aside, although the track should be marked with his father's blood.
So soon as the troops were comfortably covered, the General asked and obtained leave of absence for the purpose aforesaid. Early in January he repair- ed to Lancaster, at which place the seat of State Govern- ment was then located. On the morning of leaving camp he issued the following :-
DIVISION ONDERS .- "The following promotions of field officers in the Pennsylvania line has taken place," here mentioning the names of the officers and their res- pective ranks, he proceeds. "The justice done to the merits of these officers has opened the way for the pro -. motion of the subaltern officers of the respective regi- ments, whose bravery and good conduct equally entitle them to it. The pleasure the General experiences on this occasion he can much better feel than express. It must afford the highest satisfaction to grateful minds to see a corps of officers honorably provided for, who have more than shared the dangers and difficulties of the late hard campaign.
The General's state of health, as well as other consid- eration, require a little respite; he hopes soon to be
376
CHESAPEAKE AND DELAWARE CANAL.
[JUNK
able to rejoin the army-in the interim every exertion of his shall be used to provide, not only comfortable clothing, but the neatest uniform for his worthy fellow- soldiers, whose bravery and conduct have made them formidable to their foes, and erdeared them to their country and their General, whose greatest ambition is to deserve their esteem and confidence, and to share ev- ery vicissitude of fortune with them. The General re- quests lis officers to pay every possible attention to the discipline, health and comfort, of the soldiers during his absence."
The General while at Lancaster used every exertion and influence within his power to redeem the pledge which he had given in his division orders, and by his ex- ertions, aided by a few patriotic individuals, he ulti- mately succeeded in rendering the Pennsylvania line comparatively comfortable as to clothing, as well as res- pectable in appearance.
The troops at Valley Forge, during the winter of 1777 -8, were in the most distressed situation for both cloth- ing and provisions, so great had the deficiency of the latter become, that the Commander-in-chief, after using lenient measures, was at length compelled, in order to save his army from famine, to detach a strong body of troops under General Greene, with orders to obtain on the w estern side of the Delaware, an immediate supply of provisions by any means whatever.". This officer, from the necessity of the case, with the aid of a strong body of dragoons, commanded by Captain Henry Lee, in addition to his own detachment, foraged as in an en- emy's country, and seized on every animal fit for slaugh- ter, and by these means the immediate wants of the ar- my were supplied.
To prevent a recurrence of so deplorable a state of want, General Wayne, about the middle of February, at a most tempestuous and inclement time, was detach- ed with a body of troops to New Jersey, in order to se- cure the cattle on the eastern banks of the Delaware, and to destroy the forage, which could not be removed, lest it should fall into the hands of the enemy. This was a most hazardous and arduous enterprize, within the limits of the enemy's lines, and in a district of country subject to his control, whenever he chose to exert it; but resolved on the relief of the suffering soldiery, and determined to wrest from the grasp of Sir William, the provisions which he required for his army, as well as the forage, which he much needed for the sustenance of his wagon artillery and cavalry horses, he most cheer- fully proceeded to execute his General's orders, and lit- erally carried on a winter-campaign beyond the reach of any aid from his compatriots. After several skir- mishes with the enemy, indeed they rather merit the ti- tle of battles, in all of which he was so fortunate as to chastise them, he succeeded by judicious management and great exertion, in sending to camp several hundred head of fine cattle, many excellent horses, suited for ca- valry service, and also in securing a quantity of forage, and destroying much more, for the whole of which, to the well affected, he executed certificates in due form. About the middle of March the General returned to camp with his command, which had been partially aid- ed by a detachment of New-Jersey militia, here he, his officers and soldiers, received the thanks of the Com- mander-in-chief and the blessings of the army.
The good conduct, bravery, perseverance, fatigue and da ger, independently of the success of this expe- dition, claimed a page of history, and a favorite one it would have been, yet it is merely noticed, even by A- merican writers.
During the remainder of the season matters at Valley Forge continued pretty much in statu quo. The com- forts of the army were "few, and far between," whilst Washington and his officers were using every exertion to perfect the troops in the art of war; nor did Sir Wil- liam Howe, at any time, visit them at their quarters, al. though the American General and his army calculated on that event. ( To be continued. )
CHESAPEAKE AND DELAWARE CANAL.
At a General Meeting of the Stockholders of the Chesapeake and Delaware Canal Company, held at their Office, in the City of Philadelphia, on the 1st June, 1829,
The President and Directors presented the following report of their proceedings.
Tenth general Report of the President and Directors of the Chesapeake and Delaware Canal Company.
-The period having arrived that closes the term of service for which the President and Directors were cho- sen, and the provisions of the charter requiring them to render to the Stockholders a report of their proceed- ings, they lay before the meeting an account of the pro- gress of the work intrusted to their superintendance .- They had every reason to hope, that this Report would have embraced the agreeable intelligence of its entire completion; but although circumstances, not under their control, have prevented the fulfilment of that ex- pectation, yet the remaining operations are so limited, as to render it a matter of very little doubt, that their successors will very speedily have the satisfaction of announcing to the public, an event which all must de- sire, but which the members of this Board will wel- come with peculiar pleasure, as at once securing to the country a great national benefit, making to the Stock- holders the best return for the confidence they have u- niformly bestowed, and, they trust they may add, af- fording a successful and gratifying termination to seve- ral years of unremitted personal anxiety and exertion.
At the time of the last annual Report, it may be re- collected that the locks and bridges were complet- ed, the harbour on the Delaware formed, so far as was deemed expedient, the navigation opened throughout the first, second, third, fourth, and part of the fifth sections, and the excavation and embankment finished on the sixth and seventh, so as to permit navigation as soon as it was judged proper to admit the water. On this portion of the work, therefore, the labours of the last year have been directed merely to the completion of what was left as of less pressing necessity, such as the deepening of certain places by means of the dredg- ing machine, and increasing the width and strength of the embankments, or to the repair of any damages that have since occurred, especially a leak at the Delaware tide lock, which, though at first apparently of a serious nature, the engineer-in-chief has every confidence of speedily and successfully overcoming. The remaining portion of the canal, embracing principally the deep cut, has of course chiefly occupied the contractors and the Board think themselves authorized to say, that notwithstanding some unavoidable delays from un- expected obstacles, this has advanced with all prac- ticable rapidity. On the eastern division of the deep cut, the excavation has been finished to within thirty- four chains of the summit where it terminates, and that still to be done does not exceed twenty thousand cubic yards, while of the walling at the sides, of which a detailed account was given last year, there remains uncompleted a distance of only two chains on the north, and twenty chains on the south This will require the laying of about twenty-five hundred pearches of stone, the greatest part of which is now on the ground. The western division of the deep cut is finished, and the water has been let into the canal from the summit to the tide of the Chesapeake. It will thus be seen, that the only part of the work that has not been donc, is a small distance at the centre, the com- pletion of which will connect the ends already navi- gable, and open the whole line.
In announcing so favourable a progress, it does not appear out of place, to pay a just tribute to the zeal, fidelity, and skill of the contractor, by whom it has been principally made. An intercourse with Mr. Si- mon Newton Dexter, of Whitesborough, in the state of New York, of more than five years, during which he
1829.]
JUDICIARY OF PENNSYLVANIA.
377
has been intrusted with all the contracts for the wes- tern division of the canal, has abundantly justified the confidence originally reposed in him by the Company. The integrity and promptness which characterized his deportment while the work was in progress, obtained for him at all times the good opinion of the Board, as well as that of the surrounding neighbourhood; and, upon its completion; the settlement of his accounts, which included transactions to the amount of nearly six hundred thousand dollars, has been finally effected, without impairing, in any degree, the respect and es- teem of the President and Directors.
The financial transactions of the Board will appear by the statement submitted to the meeting. It was an- nounced in the last Report, that books would be open- ed for a further subscription towards a loan to the Company, and accordingly the sum of $160,400 was ob- tained, which completed the entire amount of $300,000 "embraced in the loan of the 10th of January 1828 .- In addition to this, an Act of Congress was passed on the second of March, authorizing the Secretary of the Treasury to subscribe in the name and for the use of the United States, for seven hundred and fifty shares of the stock of the Company. The subscription was made on the seventh of the same month; and $150,000 the amount thereof, immediately paid.
During the winter, the Board took occasion to re- present to the legislatures of Delaware and Maryland, the importance, in their view, of revising some of the provisions of the charter. When the first acts of As- sembly under which the company exists, were enact- ed, it was not to be expected that all the powers would be granted by anticipation, which the expe- rience of other companies have proved to be necessary: To this must probably be ascribed the circumstance that no specific authority was vested in the Board to make and enforce regulations for protecting the works from injury; for promoting the general convenience of vessels navigating the canal; for securing to them at all times an unimpeded passage; for improving and saving from encroachment the navigation of the streams into which the canal might lead, and for ex- tending to such streams the character of a port or har- bour, so as to insure the common safety of vessels ap- proaching or departing.
The representations of the Board on these subjects, were treated with full and prompt consideration; and supplementary acts were pas- sed in both states, providing for these several objects.
The Board are not aware of any other subject which calls for further explanation, and have merely to state in conclusion the belief that those whom the stockhold- ers shall appoint to succeed them, will very shortly be able to announce the completion of the work, the best and an adequate reward for the time, labour, and ex- pense; which has been bestowed on it.
Signed by order and on behalf of the President and Directors.
H. D. GILPIN, Secretary.
Chesapeake and Delaware Canal Office; ? May 30, 1829. S
It was then on motion resolved,
That the Report this day presented be approved and adopted.
Resolved, That the thanks of the Stockholders be and are hereby given to the President and Directors, for the zealous and faithful manner in which their du- ties have been discharged.
Resolved, That the President and Directors cause the said Report to be published.
Resolved, That this meeting unites with the Board of President and Directors, in acknowledging the zeal, fidelity and skill, displayed by Mr. Simon Newton Dex- tor, of Whitesborough, in the state of New York, in the execution of his several contracts, for the construc- tion of the Western Division of the Chesapeake and Delaware Canal.
JOHN REED, Chairman. Chesapeake and Delaware Canal Office, June1,1829. Voz. III.
METEOROLOGICAL REGISTER. MAX, 1829 -- KEPT IN CHILISQUAQUE, BY J. P. SANDERSON.
Days HOCH 1 2 3 4
Barometer.
Thermometer| Atmosp. Vuriations.
9
12
3
9
12
3
i. M.
P. M.
29 4
29 4
29 4
48
58
64
Clear
Clear Cloudy
29 4
29 4
29
4
4.5
50
54
Rain
Rain
5
29 4
29
4
29 3
29 5
56
66
73
Clear
Clear
7
29
5
29
5
29 5
61
74
78
Clear
Clear
8
29 4
29 4
29 3
63
72
74
.Clear
Clear
9
29 4
29 3
29 2
60
67
68
Cloudy
Cloudy
10
11
29 2
29
29 2
50
56
47
Sunshn.
Rain
12
29 5
29
6
29 7
45
51
58
Clear
Clear®
13
29 8
29
8
29 7
46
57
64
Cl'rfrost
Clear
14
29 8
29 8
29 8
29
8
56
63
59
Cloudy
Clear Cloudy
16
29 6
29 5
29 5
55
56
59
Cloudy
Cloudy
18
29 6
29
6
29 5
61
74
79
Clear
19
29 4
29
4.
29 4.
74
74
76
Cloudy
20
29
5
29
5
29 6
64
73
78
Clear
Clear
21
29
7
29 7
29 7
66
74
77
Clear
Clear
22
29 7
29
29 7
69
80
86
Clear
Clear
-23
29 8
'29 8
29
71
77
81
Clear
Clear
24
25
29 5
29 5
29 5
74
81
84
Clear
Cloudy
26
29
5
29
5
29 6
72
82
85
Clear
Clear
27
29
6
29
6
29 7
75
84
87*
Clear
Clear
28
29 7
29
7
29
6
76
86
88
Clear
Cloudy
29
29 6
29 5
29 5
77
85
87
Clear
Sunshn.
29 5
29
529 5
75
82
86 | Clear
Clear
* At 3 o'clock, 130 deg. in the sun .- State's Advocate.
JUDICIAL MEMORANDA IN THE HISTORY OF PENNSYLVANIA.
On an inspection of the minutes of the proceedings of the provincial council of Pennsylvania, for some years after the first settlement of the province, it will appear that the governor and council exercised jurisdiction over all matters, as well original as appellate to the most trifling assaults, private squabbles, slanders and back- bitings, even petty quarrels at sea; summoning masters of ships, on their arrival, on complaint of the passen- gers and sailors, and fining, or censuring them. No punishment was prescribed, but in every case it was in- flicted as the caprice of the moment may have suggest- ed. They also exercised unlimited jurisdiction in mar- itime causes; and there are several cases upon the sei- zure and condemnation of ships. *
The earliest of these records is dated at Philadelphia, 10th of the first month, 1682-3.
20th of 4th month, June 1683. The appeal of Rich- ard Noble, was heard before council, upon a judgment given by the county court of Philadelphia, concerning a title of land in the county of Bucks, and the law saith that all causes shall be first tried where they arise.
"It is the opinion of this board that the appeal lies not legally nor regularly before us, and therefore do re- fer the business to the proper county court, and do fine the county court of Philadelphia, forty pounds for giv- ing the said judgment against law."
*The books in which these proceedings are record- ed, are kept in the office of the secretary of the com- monwealth of Pennsylvania. They are accessible to any person who may be desirous of acquiring more minute knowledge of the curious and interesting particulars contained in them.
48
29 5
29 5
29 4
56
50
46
Clou dy
66
Clear
Clear
6
29 5
29 5
00000 000000
29 8
55
67
72
Cleaf
15
29 8
17
Clear Rain
52
66
30
JAMES C. FISHER, President.
378
JUDICIARY OF PENNSYLVANIA.
26th of the 4th month, 1683. Present William Penn, proprietor and governor.
THOMAS HOLMES, JOHN LYMCOCK.
WILLIAM CLAYTON. LASSE COCK.
Nich. Bartlet, plaint. upon an appeal, Francis Whit- well def.
Thomas Grones being attested, declares that Francis Whitwell pretended to do Bartlett a kindness in the appraisement of his goods, but afterwards would not, but much to his disadvantage.
Peter Gronedich being attested, declares that Whit- well promised not to take away any of the goods of Nicholas Bartlet.
Thomas Williams beirg attested, declares the same.
Several more things being alleged un both sides, the governor and council considering the whole matter be- twixt the plaintiff and defendant, do think the appraise- ment is undervalued, and therefore do give it to be their opinion, that the plaintiff is wronged, and therefore do order the defendant to pay to the plaintiff. within six weeks time, three cows and calves between four and sey- en years old; also ordered that they pay the witnesses charges between them.
24th, 8th month, 1683. Warrants issued from coun. cil to apprehend certain persons on suspicion of 'put- ting away bad money.'
After a long examination of witnesses, council issued a warrant to Benjamin Chambers, high sheriff, to sum- mon a grand and petit jury, for the trial of Charles Pick- ering and Samuel Buckley.
Next day council ordered an indictment to be drawn against them.
John White made attorney general, "to plead the cause between our proprietor and governor, and Charles Pickering and Samuel Buckley.
26th, 8th month, 1683. The grand jury returned and found the bill against Charles Pickering, as being 'a heynous and grevious crime.'
The petit jury were empannelled and attested. The evidence is at large.
After the witnesses were examined, "the foreman of the jury desired that the prisoner would tell him who he had the money of that he payed to several people, but he songlit to evade it, saying the money that any per- son received of him, he would change it, and that no man should loose any thing by him.'
The governor (William Penn) gave the charge to the jury, and they went forth; and returning again, brought him in guilty of the bill of indictment. Bills of indict- ment were found against Samuel Buckley and Robert Fenton, to which they pleaded guilty. The governor proceeded to give sentence.
'Charles Pickering, the court hath sentenced thee for this high misdemeanor, whereof thou hast been found guilty, by the country, that thou make full satisfaction in good and currant pay, to every person that shall within the space of one month, bring in any of this false base and counterfilt coyne, (which will to- morrow byproclama- tion be called in) according to their respective propor- tions, and that the money brought in shall be melted in- to gross before returned to thee; and that thou shalt pay a fine of fourty pounds into this court towards the building of a court house in this Towne, and stand comit- ted till payd, and afterwards fined security for thy good abearance.
"Samuel Buckley. The court considering thee more engenious, than he that went before thee, hath thought fit to fine thee ten pounds, towards a public court house here, and to finde good security for thy good abear- ance.
'Robert Fenton. The court having also considered thy ingenuity, in confessing the truth of matters, and that thou art a servant, hath only sentenced thee to set an hour in the stocks to-morrow morning."
21st of the 9th month, 1683.
A ship called the Mary of Southampton, Anto Pryers, master, was, by this board, called in question for being
an unfree ship, and upon consideration, had by this board, and John Tass, prosecutor, desiring judgment,
'It is the judgment of this board, that there being no certificate that she is a free ship, therefore this board condemns her as being an unfree ship and forfeited.'
The condemnation is as follows:
'Information having been made to the governor and provincial council, that a certain ship called the Mary of Southampton, lately arrived with passengers from Southampton in England, and now riding before the town of Philadelphia, in the province of Pennsylvania, is a Scottish bottom and no ways made free to trade to any of his majesty's plantations in America, and so un- der the forfeiture expressed in the laws of navigation, upon a full hearing of the business in council, and by the ingenious acknowledgment of the master, and some of the owners, and especially by the goulden breif that was produced by one of them, is found to be the Alex- ander of Inverness, of the kingdom of Scotland, and therefore the governor and council have, and do ad- judge and condemn the said ship, as forfeited according to law, in such cases provided for.'
16th of 11th month, 1683. Council were engaged in directing the summary punishment of whipping, taking sureties for good behaviour, and 'ordered that William Clayton build a cage against the next council day, seven foot high, seven foot long and five foot broad.'
7th of 12th month, 1683 .- 'Margaret Mattson and Ye- shro Hendrickson, examined and about to be proved witches. Whereupon this board ordered that Neels Mattson should enter into a recognizance of fifty pounds for his wife's appearance before this board the 27th in- stant. Jacob Hendrickson doth the same for his wife.'
27th of 12th month, 1683. Present William Penn, proprietor and governor.
JAMES HARRISON, CHRIS. TAYLOR,
WILLIAM BILES, WM. CLAYTON,
LASSE COCK, THOMAS HOLMES.
WILLIAM HAIGNE,
The grand jury being attested, the governor gave them their charge, and the attorney general attended them with the presentment.
The grand jury found the bill.
Margaret Mattson's indictment was read, and she pleads not guilty, and will be tried by the country.
Lasse Cock, attested interpreter between the propri- etor and the prisoner at the bar.
The petit jury were then impannelled. The testimo- ny of the witnesses is given at large, and sundry deposi- tions were read, the contents of which are not given.
The prisoner denieth all things, and saith, the witnes- ses speak only by hearsay.
After which the governor gave the jury their charge concerning the prisoner at the bar.
The jury went forth, and upon their return brought her in 'guilty of having the common fame of a witch, but not guilty in the manner and form as she stands in- dicted.'
Both the women were then recognized with surety, for their good behaviour for six months.
(In Council.)
1st of 2d month, 1684. Present William Penn and others.
'Put to the question all that are of opinion that there shall be a provincial court, consisting of five judges, to try all criminals and titles of land, and to be a court of equity, to decide all differences upon appeals from the county courts, passed in the affirmative.'
15th of 2d month, 1684. A committee of the council inform the assembly, that the governor hath power in the charter to choose judges during his life.
4th of 6th month, 1684. Nicholas Moore, William Welsh, William Wood, Robert Turner and John Eck- ley, were commissioned as provincial judges, for the province and territories for two years, if they should so long behave well. Nicholas Moore, being first in com mission took place as chief justice .*
1829.]
JUDICIARY OF PENNSYLVANIA.
379
14th September, 1685. James Harrison, James Clay- poole and Arthur Cooke, were nominated by the coun- cil to be provincial judges. Harrison and Cooke refu- sing to serve, and Claypoole being prevented by sick- ness, the council sat themselves for the decision of dif- ferences at the time appointed for the court to set, which was on the 24th of September, 1685.
See 1 Proud's History, 300, and minutes of provincial council, of the 22d, of 7th month, 1685.
31st of the 1st month, (March) 1686. Council nomi- nated three persons, viz. : Arthur Cook, William Clark and John Cann, as judges of the next provincial court, and ordered the commissions to be forthwith drawn.
3d of 7th month, 1686. Council unanimously appoin- ted Arthur Cook, John Lymcock, and James Harrison, to be judges of the next provincial court, to be held at Philadelphia. Their commissions were read and sign- ed the 20th of the 7th month, 1686; and they were at- tested the 24th of the 7th month (September) 1686.
2d of 2d month, 1687. New commissions ordered to be drawn up, for the continuing the former judges, for the next provincial court.
24th of 7th month, 1688. The election of provincial judges which by law, were this day to keep court at Philadelphia, was debated, and having considered that the broad seal was by custom to be affixed to the com- mission, and that the time would be elapsed before the commission could be sealed; and the court opened, they thought it more safe not to commissionate any, rather than to do it after the time appointed by law, for the court setting was past.
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