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Mauck Chunk Pioneer,
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413
PENNSYLVANIA CANAL.
1829.]
PENNSYLVANIA CANAL.
Report of the committee on inland navigation and inter- nal improvement, relative to the petition of Daniel Mulloy, James M'Avery, James Slaman and James M'Laughlin, contractors on the Western Division of the Pennsylvania canal, praying for additional com- pensation.
Read February 19, 1829.
Mr. Dennison, from the committee on inland naviga- tion and internal improvement, to whom was referred the petition of Daniel Mulloy, James M'Avery, James Slaman and James M'Laughlin, contractors on the wes- tern division of the Pennsylvania canal, made the follow- ing report, which was read, viz:
The petitioners represent that on the 23d June, 1827, they entered into a contract with Abner Lacock, acting canal commissioner, for the completion of the canal thro' the city of Pittsburg, by a tunnel through Grant's hill, and four locks by Suke's run, to the Monongahela riv- er, together with bridges, &c. for which they were to receive the sum of sixty-one thousand dollars: that since the contract was entered into, the market price of pro- visions of every kind, as well as the price of labour, has increased upon an average from 25 to 35 per cent. which circumstances, together with the various losses and the peculiar character of the season of 1827-28, have ren- dered it impossible for the petitioners to complete their contract, according to its stipulations.
If the case of the petitioners rested here, it would form one of considerable difficulty, and one which should be fully examined in all its bearings and consequences, before it should be determined either in the one way or the other. There can be no question but the probabili- ty of the rise or fall of provisions and labour, would be fairly in the contemplation of the parties at the time of executing the contract; and no prudent man would en- ter into a contract without first forming a judgment up- on the very matter upon which his profit or his loss must depend. If the price of provisions and labor should fall below what was expected by either party at the time of the contract it would be a fair advantage and profit to the contractor. And if, on the other hand, the price should rise higher than was anticipated, and the- contract become a losing one, there is no principle of law or equity by which the other contracting party could be compelled to contribute to the loss. But al- though this principle is prescribed for the government of contracts between individuals, it is not always to be strictly adhered to in legislation: a government superin- tending the interest of its citizens is not, and ought not, in all cases, to be bound by this rule. An extraordina- ry case might be presented, where a contractor should be on the verge of ruin, from causes not within the con- templation of the parties, and beyond his control, which would come within the legitimate powers and duties of the government to investigate and relieve. But to es- tablish a rule allowing contractors, where circumstances had proved favourable, to retain their advantage, and that the legislature would interfere in all cases of losing contracts, might at this time increase our business to a yast extent, and have a serious effect upon the progress of internal improvement itself, as well as upon the finan- . ces of the state. And if this were the only ground upon which the petitioners asked for relief, the committee would incline to the opinion, that their application ought not to be granted. It is, however, rendered un- necessary for the committee to decide that question at this time.
The petitioners further represent, that with regard to the tunnel through Grant's hill, the most important part of the work, reasonably considered as two-thirds of the contract, all persons were deceived with regard to the geological formation of the hill; that at the time of en- tering into the contracts, it was supposed that the tun- nel could be made by the ordinary mode of excavation, and that experience in the progress of the work, has proved otherwise: that at some points of the hill, the
rock appears at least fifteen feet above the level of the summit of the tunnel, and constitutes in a great mea- sure the base of the hill, whilst in another direction the rock has been discovered in a solid mass at a height equal to the top of the arch of the tunnel: that from these appearances no one doubted but that the tunnel could be made through the rock, but that in place of this, it is found that the rock is of a loose nature, and cannot be excavated in the usual manner; so that, in place of what would be called a tunnel, the petitioners, to complete their contract, will have to cut through the hill in the manner of a deep cut, and arch the tunnel through, at an expense greatly exceeding the amount for which the work could be done if the tunnel cou'd be excavated in the usual way; and that in addition to the amount received on the contract, they have expend- ed upwards of $9000 of their own funds. Under these circumstances, the petitioners ask relief by authorising the board of canal commissioners and an engineer super- intending the work, to examine and make such reason- able estimate for the completion of the same, as will en- able the petitioners to complete their contract, and al- low them a reasonable compensation for their labor. A certificate is attached to the petition, signed by a num- ber of respectable citizens of Pittsburg, giving to the petitioners a good character for industry, perseverance and economy, and stating their belief in the facts stated.
From the report of the canal commissioners, made to the legislature at the last session, it appears there was a good deal of difficulty in the location of the canal at the city of Pittsburg, and much anxiety felt upon the sub- ject by the citizens of that place. Different routes were proposed for examination, and a correspondence took place between the canal commissioners and the autho- rities of the city of Pittsburg. This resulted in an en- gagement on the part of the city, that the expense to the commonwealth of making the canal, tunnel and bridges, according to the report of the engineer, including da- mages to private property, as well as all other attend- ant expenses, should not exceed the sum estimated by the engineer, as the cost of the Liberty and Penn-street route, with the addition of the $10,000 for damages to private property. The whole of this would amount to $65,567 35. It appears also, from the report of the en- gineer on the tunnel route, that there were some doubts whether the tunnel could be made by the ordinary mode of excavation, and passing under the hill. In his report he states, that if the tunnel is to be made by a deep cut, it will cost upwards of $10,000 more than if it could be made in the other way. The committee are satisfied that the petitioners entered into the contract with the expectation that the tunnel could be made by cutting through the hill; and that it is proper they shou'd be relieved by the commonwealth, to an amount not ex- ceeding the difference between the sum mentioned in their contract and the sum for which the city of Pitts- burg guaranteed it should be done; and leaving any fur- ther relief to the city, in pursuance of their guarantee. They therefore, submit the following resolution.
Resolved by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General As- sembly met, That the board of Canal Commissioners be and they are hereby authorised to cause an examina- tion to be made by an engineer, and ascertain the add :- tional expense of making the tunnel through Grant's Hill, by a deep cut, and, if they shall deem it just and right, to grant relief to the contractors to an amount not exceeding four thousand five hundred and sixty-seven dollars thirty five cents. Provided, that before any re- lief shall be so granted, the city of Pittsburg shall en- gage to pay the contractors suchi further sum as will en- able them tu complete their contract without loss.
The Trustees of the University of Pennsylvania, on Saturday last, elected James C. Biddle, Esquire, Secre- tary and Treasurer to that Institution.
U. S, Gazette.
414
CANAL COMMISSIONERS' ACCOUNTS.
[JUNE
2779
13
10,660 00
2830
26
78,854 19
2838
.30
15,846 54
2866
10 February,
8,100 00
2871
11
5,350 37
2890
23
. . 24,493 48
948,462 53
By disbursemen's by Charles Mowry, Esq. acting canal commissioner, Susquehan- na division, Pennsylvania canal, per ac- counts settled.
No. 2384 27 March 1828, $59,781 55
2385
8 May
40,690 85
2386
19
13,669 23
2387
9 June
47,361 06
2388
12
16,738 37
2389
26
47,276 60
2390
16 August
51,241 66
2410
2 September
58,466 91
2441
26
56,416 03
2480
13 October
3,888 86
2497
25
52,002 61
2532
27 November
49,001 32
2740
31 December
16,561 43
27 83
14 Jan. 1829,
42 857 63
2860
5 February
34,724 51
2095
25
23,411 16
May,
205,000
June,
310,000
July,
220,000
August,
293,094
September,
141,151
October,
206,555
November,
231,800
December,
352,379
1829 January,
340,03Q
February,
342,166 67
2410
16 July
50,365 66
2411
4 August
7,544 75
2412
28
35.254 76
2436
24 September
48,466 52
2481
14 October
44,567 23
2525
18 November
42,021 76
2648
8 December
8,009 06
2753
31
44,228 67
2796
15 Jan. 1829,
57,757 09
2831
20
23,850 00
2881
19 February
45,858 34
2897
25
18,835 00
575,554 31 .
By disbursements on William Wilson, Esq. superintendent Eastern division of said canal, per account settled:
No. 2417 16 Ang. 1828, $43,538 33
. 2473
8 October
36,706 21
2494
17
34,589 73
2528 22 November
29,225 11
2733
27 December
32,028 08
2399
1 July
49,201 25
2400
8
48,993 77
2401
14
10.286 97
2402
31
28,592 20
2403
7 August
35,276 50
2404
14
26,955 57
2405
22
29,034 03
2419
2 September
10,898 24
2421
8
39,024 12
2434
18
30,195 50
2435
12
5,000 00
2458
2 October
25,371 49
2476
10
18,755 48
2482
14
61,038 85
2842
30 Jan. 1829.
27,337 67
2896
25 February
18,358 34
2522
14 November.
12,120 49
2527
21
68,701 85 ·
2717
19 December
53,153 10
2768
21
16,401 86
2393
24
12,322,00
2394 .
7 April,
8,167 58
2395
28
36,281 44
2396
29
39,788 83
2397
28 May
52,547 94
2598
6 June
18,593 62
2769
6 Jan. 1829
37,284 84
2772
7
6,040 24
2894
24 February 41,687 87
261,100 41
By disbursements by Thomas G. Kenne- dy, Esq. superintendent Delaware divi- sion of the Pennsylvania. canal, per ac- counts settled :
No. 2414 31 March 1828 $11,876 93
2415
3 June
38,466 35
2416 30 August
32,362 36
2711 18 December
34,013 64
2754 31
15,297 05
2503
28
48,234 95
177,712 34
By disbursements by Thomas Woodside, Esq. superintendent North Branch di- vision, Pennsylvania canal, per accounts settled:
614,089 77
By disbursements by James Clarke, Esq. acting canal commissioner, Juniata divi- sion, Pennsylvania canal, per accounts settled:
No. 2406 29 March 1828, $44,500 50
2407
17th April
29,519 38
2408
27 May
34,399 69
2409
19 June
40,375 90
2,767,166, 67
1828 December. To amount received
from John Phillips, late superin-
dent French creek feeder,
8,173 89
$3,035,821 37
CR.
By disbursements for the construction of the Pennsylva- nia Canal, as follows:
By Abner Lacock, Esq. acting canal com- misssioner, western division of the said canal, per his account settled:
No. 2391 15th Mar.,1828, $10,901 94
2392
$259,680 81
To amount received by the treasurer of the board of canal commissioners:
1828 March,
$100,000
April,
25,000
Daniel Montgomery, Abner Lacock, Charles Mowry, James Clarke, John Sergeant, John Phillips, Jona- than Roberts, David Scott, and Robert H. Hammond, Esquires, Canal Commissioners, in account with the Commonwealth of Pennsylvania.
DR.
To balance on account settled 11th Febru- ary, 1828,
CANAL, COMMISSIONERS' ACCOUNTS. Communication from the Auditor General, accompanied with a report of the settlement of the account of the Ca- nal Commissioners.
AUDITOR GENERAL'S OFFICE, 2 March 13, 1829. S
Sir-In compliance with the provisions of the 12th section of the act of the 25th February, 1826, I have the honor to transmit herewith a copy of the account of the canal commissioners, as settled on the 28th of February, 1829. Very respectfully your obedient servant, , DAVID MANN.
Hon. NER MIDDLESWARTH, Esq. Speaker of the House of Representatives.
6 Jan. 1829,
9,313 03
415
STATE PENSIONERS.
1829.]
No. 2703
12 Dec. 1828
$49,191 97
2766
5 Jan. 1829
34,344 22
2888
19 February
24,402 93
107,939 72
By disbursements by John Phillips, Esq. superintendent French creek feeder of said canal, per accounts settled:
No. 2413 27 Aug. 1828 $30,606 41
2634 16 December
723 12
By ditto by John Mitchell, Esq. superintendent · of ditto per accounts settled :
No. 2418
27 Aug. 1828, 26,463 11
2663 9 December 36,970 52
94,763 16
By amount paid to the treasurer, being the sum refunded by John Phillips, late superintendent,
8,173 89
By commissioners of the internal improve- ment fund, for the amount formerly paid engineers and secretary of the board of canal commissioners; and refunded, per act of of 24th March, 1828,
5,990 00
$2,793,786 13
Due commonwealth, 241,235 24
$3,035,021 37
Settled and entered.
DAVID MANN.
Auditor General's Office, Feb. 23, 1829.
Approved.
A. MAHON.
Treasury Office, Feb. 28, 1829.
The foregoing balance is in the hands of the following named persons:
Abner Lacock, acting commissioner,
$24,042 68
Charles Mowry,
do. 25,088 84
James Clarke, do. 20 306 66
William Wilson, superintendent,
16,454 64
Thomas G. Kennedy, do.
12,287 66
Thomas Woodside, do.
38,060 28
John Mitcheil, . do.
4.0,994 49
Andrew M'Reynolds, do. W.Branch
39,000 00
Joseph M'Ilvain, do. of surveys
25,000 00
$241,235 25
STATE PENSIONERS.
Report of the Committee on claims, on the claim of Wal- ter L. Minthorn, a soldier of the late war. READ, MARCH 10, 1829.
Mr. Wilkins, from the committee on claims, to whom were referred the petition and documents of Walter L. Minthorn, made the following report which was read, viz.
That they have given to the subject referred to them a careful and deliberate examination. The petitioner states that he enlisted in July, 1814, as a private soldier, in the 16th regiment of the United States' infantry, for and during the war; and that he continued in the service until he was legally discharged. That while he was thus in the service of his country, he was wounded; by means of which wound he lost his right leg, and that from that cause and other infirmities he is unable to support him- self.
It will at once be perceived, that, this claim differs from those usually acted on by your committee. It pre- senis a new and an important subject for legislative con- sideration. Heretofore your committee have been con- find to claims on the bounty of the commonwealth, em- anating from soldiers of the revolutionary war. This proceeds from a soldier of the late war, between the U- nited States and Great Britain. As a number of cases,
similar in character to the present, have been referred to your committee, they have demed it necessary, in justice to the petitioners, and respectful to their pieten- sions, to select the strongest case for the brief exposi- tion of the reasons that have induced your committee to recommend the rejection of claims for services to the U- nited States "during the late war."
Pennsylvania, as her legislative history will evince, has been extremely liberal and bountiful to that portion of her citizens who shared in the perils, endured the hardships, and contributed to the success of the revolu- tionary struggle. That eventful contest was a resist- ance on the part of the United Colonies against a power- ful nation, that to them stood in the attitude of a mother country. It was made a common cause; but from the organization of defence then necessarily pursued, the expenditures of the contest were borne by the different colonies in proportion to their representation in the continental congress. A common tie of feeling" knit them together, but no constitutional compact for the government of the whole, as under the present "system, was then known. After the close of the revolutionary war, and when the union of the states was formed, tris state, with a grateful remembrance of the past, and with the knowledge, that unless her treasury provided for the support of her own soldiers who needed relief,they might pine in want and poverty, adopted the benevolent measure of placing those who served during the strug- gle in the Pennsylvania line, and who were poor, on a state pension list for life. This state bounty was at first confined to those who had served a period of twelve months in the Pennsylvania line. In the course of a few years, however, the diminution of the expenditures of this system, and the increasing resources of the state, induced an enlargement of the pension list to those who served in the flying camp;a species of force of vast service, & who endured much during the revolution. It is now asked to extend the pension list still farther, so as to embrace those who 'enlisted from this state' during the late war, in the service of the United States. Is it just that these claims for services to the National Government should be paid out of the coffers of the state? Is the treasury of the United State closed against them ?- or is it too poor to meet drafts of this character on their gratitude and justice? These are questions that natural- ly arise from the consideration of this subject. It may be urged that the revolutionary services were of a na- tional character, and yet have received the bounty of the state. But the peculiar character of those services, and the situation of the national treasury at the time Pennsylvania adopted her pension system, should be re- membered. It should also be recollected that at the pe- riod the revolutionary services were rendered, the differ- ent colonies were independent of each other, & were con- testing a matter of right common to them all, rather by al- liance than under any general government. During the late war, the enlistments were made and the services rendered to "the United States of North America"-a national government distinct and known as such among the family of nations-a government too that has adopt- ed a pension list to reward the sufferings and heroism of her soldiers. Services, therefore, rendered to the United States government during the late war,do not,in the opinion of your committee, entitle those who ren- dered them to be placed on the state pension list. Their applications should be made to the general government. The situation of the treasury of this state; the immense demands which will be made on it from the vast improve- ments now making and contemplated, and the great num- ber of petitions whose claims are equally strong as the present one, who will pour in their applications if the pension system is enlarged, and the inability of the state treasury to meet their calls, superadded to what already has been stated by your committee, induce them to reject this claim, and they therefore offer the following resolution:
Resolved, That the committee be discharged from the
416
MISCELLANEOUS.
[JUNS
further consideration of the subject and that he have leave to withdraw his petition and documents.
Report of the Committee on claims, on the claim of John McLean, an officer in the late war. REAN, MARCH 10, 1829.
Mr. Wilkins, from the committee on claims, to whom were referred the petition and documents of John McLean, made the following report, which was read, viz:
That the petition is directed "to the Senate and House of Representatives of the United States in Con- gress assembled," and appears, from the different en- dorsements, to have been presented at different peri- ods, and rejected. This petition states, that John McLean, of Union township, Fayette county, was a cap- tain in Col. Reese Hill's regiment, Pennsylvania mili- tia, in 1813, and suffered many privations and sickness. He also alleges that he made certain advances in money to the men, amounting in all to 270 dollars, on the 18th of August, 1813, and that he never received any re-pay- ment until the 18th of October, 1814; at which time he received 216 dollars from the paymaster, leaving a bal- ance of 71 dollars and 53 cents. He states his account -"l'ennsylvania to John McLean, late captain in the service of the United States, in the year 1813," and claims the above balance, with interest from Septem- ber, 1814, together with certain sums of money paid to his physician when sick, and for four bottles of wine, prescribed by Doctor Wallis, and the expenses attend- ing a man and horse from Union to Erie and back, 19 days, at $2 50 per day; in all amounting to 183 dollars and 87 cents, from which he has deducted a credit of 54 dollars-probably paid him by the United States go- vernment.
It is certainly placed beyond all question, that cap- tain John McIran did serve .the United States govern- ment in a reg ment of Pennsylvania militia, during the late war, and endured some hardship and sickness while in that service; but whether he has a claim against the state of Pennsylvania, and should be remunerated by her for the losses he sustained, is another matter. The government of the United States certainly made provis- ion for the supply of her troops with hospital stores, and the 'necessary comforts of a camp: and if circum- stances intervened to interrupt or intercept that supply, and the officers had to resort to their private funds to furnish those necessaries, either for themselves or their men, your committee have no hesitation in saying, that in such cases a just account could be presented to Con- gress: but your committee cannot venture to establish a precedent in this case, that would open wide the door to . many claims upon her treasury, which they deem should be liquidated from the national purse. They therefore offer the following resolution-
Resolved, That the committee be discharged from the further consideration of the subject.
Reading, Penn. June 20.
On Wednesday evening last a severe hurricane, ac- companied by rain, vivid Hashes of lightning, and loud peals of thunder, was experienced along the turnpike road, between Hummelstown, in Dauphin county, and this place. Here no material damage was done; but the accounts from up the road are such as to convince us much injury has been sustained by many. At Lebanon, we understand, the Methodist meeting house was com- pletely razed, the gable end of a substantial dwelling blown in, several houses and barns unroofed, and long lines of fences prostrated. The turnpike company's bridge, at the summit level of the Union Canal, which was roofed in, was demolished in the twinkling of an eye, large trees were uprooted, and stretched across the road so as to render it impasssble in several places. Near Binkley's tavern, about 7 miles from this place, a large barn was struck by lightning, and every thing combustible consumed. Hay wagons were upset in
every direction, on the road and in the fields, and the hay scattered amongst the winds, to the no small detri- ment of the farmer. The wind appeared to be about west north-west, and at one period our streets were so clouded by the dust that objects were almost undistin- guishable from one pavement to its opposite.
CARLISLE, (Penn.) June 18.
- The long spells of dry weather, have brought forth the caterpillars in such numbers, as will be likely to de- stroy the beauty of our trees and shrubbery, unless they can be exterminated. What is practicable when taken in time, will be unavailing if neglected for a few days lon- ger; if the trees are not large, a sheet might be thrown over them, and sulphur fumes applied underneath: we are told this succeeded better than any other expedient last year.
Almost all the morello cherry trees in this neighbor- hood have been destroyed by some insects which hatch their eggs in the body of the branches and cause a large black execrescence which at length becomes so numer- ous as to destroy the usefulness and value of the tree; if these had been carefully cut off and burnt when they first appeared, the spreading of the insect might have been prevented. It would be very desirable that some of our scientific men who have leisure, should direct their attention to these subjects, and make experiments, which might enable the Agriculturist and Farmer to prevent their ravages.
Marietta, Penn. June 19.
FISHING .- Mr. B. Brown, of this borough, caught some fine rock fish, last week, in a novel manner. The ark which he was running, in passing through a sluce gained so much headway as to dip water on coming in- to an eddy, and on her raising from the shock there were found on and in the ark, eight fine rock-fish, weighing from one to four pounds, each. Poor things! how they must have stared at finding themselves elevat- ed out of their native element, by such a new fashioned dip net as a flour and whiskey ark!
TO OUR SUBSCRIBERS.
The present number closes the third volume of the Register, and the period has returned, when according to the terms of subscription, payment for the year is due. Subscribers in the interior will oblige us by remitting per mail-our city friends will be waited upon by our agent.
We are encouraged by the patronage received du- ring the progress of the present volume to proceed in our work, but we need still, considerable additions to our list of subscribers, to render it our sole dependence. We have reason to believe our next volume will be ren- dered more interesting than the past; the AMERICAN PHILOSOPHICAL SOCIETY having at their last meeting, with great liberality, resolved to permit us to publish many of the very valuable manuscripts in their possession, relating to this state, which have for several years been accumulating in their archives.
The index will be delivered with the next, or subsequent number.
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