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 28
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1
1
95
In the tables which follow, are exhibited the num- ber of travellers, horses, and wagons, which can be ac- commodated at one time, at the respective houses retail- ing ardent spirits, in the City and Districts.
TABLE, No. III. CITY.
TRAVELLERS.
HORSES.
WAGONS.
3
1
3
2
4
8
1
12
12
9
4
36
1
6
6
1
20
20
3
5
15
1
10
10
1
25
25
8
6
48
1
12
12
21
30
60
1
8
8
1
15
15
1
36
36
4
10
40
2
18
36
5
40
200
4
12
48
2
20
40
4
50
200
1
15
15
1
32
32
1
60
60
1
17
17
1
36
36
1
70
70
5
2
10
3
2
6
1
4
4
4
S
12
2
3
6
1
5
5
10
4
40
6
4
24
1
6
6
7
5
35
2
5
10
1
8
8
17
6
102
5
6
30
3
10
30
3
7
21
2
8
16
1
13
13
12
8
96
5
10
50
2
15
30
2
9
18
3
12
36
4
20
80
16
10
160
1
15
15
2
25
50
6
12
72
3
16
48
3
30
90
1
13
13
1
19
19
1
35
.35
7
14
98
4.
20
80
2
50
100
7
15
105
1
23
23
1
60
- 60
4
16
64
1
24
24
1
100
100
TABLE, No. VI. KENSINGTON.
88|none; none
92|none
none
1
1
1
2
2
4
2
2
4
3
3
9
3
4
12
3
4
12
6
6
36
3
8
24
1
7
7
1
9
9
4
8
32
1
10
10
3
10
30
3
15
45
None.
2
12
24
2
12
27
1
14
14
1
16
16
1
15
15
S
20
40
1
20
20
1
25
25
1
25
25
1
30
30
1
40
40
115
260
115
248
TABLE, No. VII. SOUTHWARK.
247|none) none
292 none}
2
3
1
3
1
2
9
4
2
8
3
3
15
6
3
18
3
5
30
8
4
32
5
6
16
9
6
54
2
8
10
2
7
14
1
10
2
8
16
10
10
100
9
12
108
3
15
45
4
20
80
307
478
307
82
TABLE, No. VIII .- SUMMARY.
Houses. Travellers. Horses.
Wagons.
City
543
3854
2346
614
Northern Lib.
188
1353
1662
853
Penn Township
86
288
249
Kensington
115
260
248
Southwark
307
478
82
86
288
86
249
TABLE, No. V. NORTHERN LIBERTIES.
TRAVELLERS.
HORSES.
WAGONS.
Houses.
house.
No. each
Total.
Houses.
house.
No. each
Total.
Houses.
house.
No. each
Total.
125 none
none
157
none
none
162 mong
none
4
2
8
1
2
2
2
10
Houses.
house.
No. each
Houses.
house.
No. each
Houses.
Total.
356 none
none
465 none
none
518
none
none
6
1
6
1
1
1
1
3
3
1
18
18
2
40
80
2
75
150
1
20
20
5
50
250
5 unc.
uncer.
2
25
50
1
60
60
6
30
180
1
65
65
5
40
200
2
70
140
6
50
300
1
80
80
1
60
60
4
100
400
1
75
75
1
120
120
1
80
80
1
170
170
140
140
188
1361
188
1562
188
853
1
17
17
2
25
50
3
18
54
1
-26
26
17
20
340
1
27
27
8
25
200
7
30
210
1
28
28
1
32
32
18
30
540
3
35
105
1
32
32
1
38
38
2
35
70
6
40
240
1
36
36
3
50
150
6
40
240
1
55
55
9
50
450
3
60
180
4
60
240
1
70
70
1
65
65
1
75
75
2
70
140
1
80
80
2
80
160
5
100
500
1
90
90
1
120
120
3
100
300
543
3854
543
2346
1543
614
TABLE, No. IV. PENN TOWNSHIP.
156
none none
62
Inone) none
1
1
1
1
1
1
6
2
12
1
2
2
1
1
1
2
3
6
1
4
4
2
5
10
1
5
5
3
6
18
4.
6
24
1
7
7
1
7
7
2
8
16
1
8
1
2
10
20
None.
4
10
40
1
13
13
2
12
24
1
15
15
1
13
13
1
16
16
2
15
30
2
20
40
3
20
60
1
25
25
1
26
26
2
30
60
1
40
40
2
unc.
uncer.
Totols
1239
6233
4587
1467
ARDENT SPIRITS.
1829.]
Total.
Total.
house
No. each
20
None.
1
96
MISCELLANEOUS.
[FEBRUARY
Remarks.
It appears from table No. 1, that the city with a pop- ulation of 82,780 inhabitants, (per estimate in Register, vol. 2, p. 352) has 543 houses in which ardent spirits are retailed-or 1 house to every 152 inhabitants of all ages, sexes and colors. The incorporated Northern Liberties have 188. houses to 27,725 inhabitants (per same estimate,) or 1 house to 147 inhabitants. Ken- sington, 115 houses to 13,785 inhabitants, or 1 to 119. Penn Township, 86 houses to 11,025, or 1 to 128 .- South wark, 307 houses to 24,165 inhabs. (including Moy- amensing,) or 1 house to every 79 inhabitats of all ages, &c. Deducting one-half, or 12,082, from 24,165, the whole number of inhabitants, for those of both sexes un- der the age of 18 (which is nearly the proportion they bore to the whole at the census of 1820, ) &the result will bc, 1 house for selling liquors for every 39 inhabitants above the age of 18. It is a curious fact, that at the same time, that liquor shops in Southwark bear the pro- portion of 1 to every 39 inhabitants above 18-the num- ber of paupers admitted into the alms-house from South- wark during the year ending May, 1828, was 701-be- ing in the proportion of 1 to 34 of the whole number of inhabitants, or 1 to 17 of those above 18 years of age.
By tables 2, 3, 4, 5, 6, and 7, it appears of 543 houses in the City, 356 have no accommodations for · travellers, leaving 187 with.
188
do
N. L.
125
do
clo
63 do
86
do
Penn.
56
clo
clo
30 do
115
do
Kens.
88
do
do
27 do
307
do
South. 247
do
do
60 do
1239
872
367
Leaving only 367 houses with accommodations for the 6,233 travellers.
It also appears by the same tables, that of the 543 houses in City, 465 have no accomm. for horses, & 518 none for wagons.
115
cło
Kens.
92
do
115
do
188
do
N. L.
157
do
162
do
86
do
Penn.
62
do
86
do
307
do
South.
292
do
307
do
1239
1068
1188
Leaving only 171 for the accomm. of the 4587 horses. 51 do
1467 wagons
The documents designate as entertaining blacks and whites of both sexes-38 houses in the City; 11 in Ken- sington; 55 in Southwark; and 32 of the lowest kind of society.
The Rain and Snow (when forlted) that fell during the past month, amounted to 5757 inches according to the Rain Guage kept at the Pennsylvania Hospital.
LONGEVITY.
At Lansing, on the 17th ultimo. Mr. Ephraim Bloom, aged 100 years and 4 days. He was for two years a sol- dier in the French War, and shared in the dangers of Braddock's defeat. In the Revolutionary War, he serv- ed three years in the army at Easton, Pennsylvania; du- ring which he narrowly escaped loosing his life from as- sassination, being shot through his low crowned hat while on his way home, in the cvening, from the shop, by an intimate acquaintance belonging to the tory party. Ile likewise served two campaigns in the militia, and was in the battle of Germantown. He was of German descent; and on his removal from Pennsylvania,his native / in future be transacted.
State, he became one of the first settlers of this County, and has been a reputable inhabitant forty years. Suclı was the strength of his constitution, that he was confined to his room but a few months previons to his death, and for the last seventeen days existed without the least food. He was the father of the late General Bloom, who held the commission of a Colonel in the army, and was wounded in the battle of Queenstown, in the late war. Ile has left a numerous posterity, consisting of four sur- viving children, sixty-one grand children, and one hun- dred and ten great grand children .- Ithica Journal.
LIST OF TAXABLES IN ADAMS COUNTY, IN 1828.
Gettysburg. .281
Cumberland 213
Germany.
322
Berwick. .228
Mount pleasant. .. 285
Hamilton 215
Reading.
.177
Latimore
179
Huntingdon.
264
Tirone 159
Menallen .387
Franklin. 320
Hamiltonban.
282
Liberty.
226
Mountjoy
191
Straban
265
Conowago.
195
Number in 1821.
3852
Increase in 7 years. 340
Errors requested by the author to be corrected in the ac- count of Adam's County published in page 63.
Instead of Adams County is bounded on the East by York and part of Cumberland &c. read "on the East by York Co. on the North by Cumberland and part of York counties, on the west by Franklin County and on the South by Frederick Co. Md.
For "Western and Southern boundaries are traversed by the first range of mountains"-read "Western and Northern boundaries"-for James McCork-read James McCosh.
WEATHER .- On Saturday last the 31st, ultimo there was a heavy fall of snow-and on the 2d, also, during a considerable part of the day, so that since that period, there has been more of the appearance of an old fashion- ed winter than we have had for many years. There has been unusually fine sleighing during the whole of the week. We understand the snow storm extended to a considerable distance in the country, and a gentleman of this city who left it with an intention of visiting some coal lande, was compelled to return unable to reach them in a sleigh with two horses, being prevented by the great depth of snow.on the mountains. The navi- gation of the Delaware has been obstructed by floating ice for some days and Schuylkill has again afforded skaiting for the amusement of the boys and others will- ing to partake ofit.
PUBLICATION OFFICE OF THE REGISTER.
"The Editor, for the accommodation of subscribers; and those who wish to patronize this work, has taken an office, in Franklin place, the second door back of the Post Office, (back room) where communications for him may be left, and business relating to this paper will
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4.192
THE REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. III .- NO. 7. PHILADELPHIA, FEB. 14, 1829. NO. 59.
UNPATENTED LANDS.
The question on which the following speech was de- livered, at the last session of the Legislature, was inde- finitely postponed, but is at this time again exciting great interest-and as there is much historical informa- tion on the subject of titles to lands contained in the speech, and upon the suggestion of the friend from whom we received it, that its republication now would be useful-we insert the
REMARKS OF Mr. KING
Of the Senate, in committee of the whole upon the bill in relation to unpatented lands.
No one, Mr. Chairman, appears disposed to rise to speak, either to the merits or demerits of this bill.
I am aware, sir, that many gentlemen believe they already possess, all the information necessary to enable them to vote understandingly upon it-perhaps they do. And yet it may not be improper in me, as chairman of the committee to whom the subject was referred, to endeavour to explain some of the reasons which induced that committee to report the bill.
The most important section in the bill, and indeed the only one about which there can be much difference of opinion, is the first, by which it is proposed to repeal so much of the 4th section of the act of January 22d, 1816, as directs the Secretary of the Land Office, to charge compound interest from the date of the act upon money due the commonwealth upon unpatented lands, held by virtue of proprietary warrants. These warrants are many of them of a very early date, and this com- pound interest at the present moment is considerably more than one-third of the whole sum claimed by the state, and is exacted, under all circumstances, with the most undiscriminating impartiality. It is not possible to ascertain with acccuracy the exact gross amount of the money demanded by the state, of the holders of these lands, but it cannot be less than some millions. It is not, however, necessary to know, in order to a proper decision of the question now before us. These lands lie scattered through all the counties east of the main ridges of the Allegheny mountain, from the Delaware to the Maryland line, if we except the counties of Phila- delphia, Delaware, and the lower sections of Chester and Bucks. Most of them are of a second or third rate quality. Patents having been already issued for the more valuable lands, either by the proprietaries before, or the commonwealth since the Revolution. Suits are now to be instituted against the owners of these unpa- tented lands. The lands are to be sold at public auc- tion, and if they will not sell for enough to satisfy the balance of the original purchase money which may be yet due upon them, with the interest, (including the compound interest I have mentioned) and costs, they are to be purchased for the use of the commonwealth. I hold in my hand a number of petitions, signed by many hundreds of those citizens who are interested in this matter, praying that they may be relieved from the payment of the compound interest, exacted of them, under the act of 1816, and it is our duty now to inquire how far they are entitled to the relief proposed to be ex-
tended to them by the bill before us. It may be ob- served, that the petitioners do not ask for an extension of time of the payment of what may be due the state, exclusive of this compound interest. I have not had the advantage of hearing the objections that may be urged against the passage of the present bill, but I still recollect those that were advanced upon a former oc- casion, when the same measure was brought forward .-- One much insisted upon was, that as much the larger portion of the people of the commonwealth had already paid in full for their lands, it would be doing great injus- tice to this class of purchasers to remit any part of what might be due from those who had not paid. And it was triumphantly said, we have paid for our lands, and re- peatedly asked, why have you not paid for yours? A brief view of the modes in which titles to lands have been acquired in Pennsylvania, may explain this matter. I shall therefore attempt it, even at the risk of not being very entertaining.
On the 4th of March 1680, Charles the 2d, King of England, granted by charter the proprietorship of Penn- sylvania, to William Penn and his heirs and assigns for- ever, to be holden " as of our castle of Windsor, in the county of Bucks in free and common soccage," at the annual rent of "two Beaver skins," and one-fifth of the gold and silver ore. That is, it was to be held as a feu- dal fief at a nominal rent. I have a copy of this charter before me. It is one of those curious instruments by which the potentates of Europe parcelled out, and granted away, the two vast American continents by vir- tue of assumed rights, which had not the consequences that followed, rescued them from contempt, would now be considered as ridiculous, as they were in themselves essentially absurd. Such as it is, however, this charter is the source of the paper titles to lands in Pennsylvania, and under its authority the founder of (what is now ) our republic, landed with his associates on the banks of the Delaware.
Possession of some considerable portion of soil, was obtained by treaties with certain Indian chiefs. These treaties, when viewed as purchases, were perhaps of very slight validity. We will pass them over. The re- sidue of the country was won by the followers of Penn in many a fierce and bloody contest, with the native lords of the forest. It is not possible for us to under- stand the sufferings endured by our ancestors, nor is it now necessary to inquire into the justice of their cause. They employed force, the universal principle in which empires have been founded, and after a struggle of near a century the gloomy spirit of the wilderness, bowed and fled before the more powerful genius of civilized man.
In order to encourage adventurers, William l'enn, in 1681, entered into articles of agreement and concession with a number of individuals, which were published; and many persons afterwards came in under them. By the ninth article of this agreement, the proprietary re- served to himself ten thousand acres in every one hun- dred thousand, but it does not distinctly appear in what way, or for what prices, lands were to be granted to his associates or followers. In fact during his life, there never was any fixed price, but a land office was estab- lished and most of the land in the counties of Philadel- phia and Delaware, and in the lower sections of Ches- ter and Bucks, (except such as were already covered by
VOL. III.
13
95
-
UNPATENTED LANDS.
[FEBRUARY
Swedish or Dutch grants) were sold-not of course to every applicant, but to such persons, and at such prices as pleased the Proprietary. In 1718 William Penn died, and a dispute respecting his estate arose between his children of the first and those of the second wife, which was not terminated till 1726.
No titles issued during this time, and additional d'ffi- culties were created by the disputes between the heirs of Penn and Lord Baltimore. A tedious chancery suit was the consequence of these disputes, which was not terminated till 1750, and deeds were not executed be- tween the parties till 1760, but they had as early as 1732 entered into articles of agreement in relation to the disputed territory, which enabled the Proprietaries to open their Land office, and this was accordingly done, and the price of land fixed at £15 10s. currency per hundred acres, and one half penny sterling quit rent per acre. This regulation continued till 1762, with many exceptions to favourites, who obtained grants upon much easier terms. In 1762 the rate was reduced to £9 per hundred acres, and one penny quit rent per acre; and'in 1765 the price was further reduced to £5 per hundred acres and one penny quit rent per acre. Of these last mentioned rates many of the most valua- ble lands east of the mountains were granted away, be- tween the year 1762 and the time when the land office of the Proprietaries was finally closed by the commence- ment of the war of the Revolution.
On the 27th of November 1779 the act of Assembly passed, vesting the right of the Proprietaries in the commonwealth, and rbolishing the quit rents. This is beyond all question the most extraordinary legislative enactment upon our statute book. Nothing short of its being necessary to the safety of a people could have justified the measure. But the safety of a people did require it, at least so far as the act went to divest the heirs of William Penn of their rights. Some of its pro- visions however, as I shall presently show, operated very unequally upon the purchasers of the lands from them. It is worthy of observation, that this law does not, in the common acceptation of the term, confiscate the property of the descendants of Penn, or consider them as enemies in any shape whatever. Had this been the case, their rights and possessions must have been rc- stored by the provisions of the treaty of 1783, but those who framed the preamble to the divesting act of 1779 took higher ground, and ascending to the first princi- ples declared, that "the safety and happiness of the people is the fundamental law of society." (The preamble and act were read by Mr. K.) The £130,000 sterling granted to the Proprietaries is declared to be a gratuity, and the inference that it was given as a com- pensation for the property of which they were deprived appears to have been carefully avoided. It will be remark- ed that the 9th section of this act discharges all purchas- ers from the Proprietaries, (except those within the pro- prietary tenths or manors) from all farther payments on account, "of all and every the dues and arrearages of quit rents, and arrearages of purchase money." By the tenth section it is enacted that " in order to preserve equality among the purchasers of lands under the said late Proprietaries, the said arrearages of purchase mo- ney shall be accounted to be due and payable to the commonwealth."
It does not appear to me, sir, that any of the reasons assigned in the preamble for the passage of this act, rendered the provisions of this tenth section necessary. It cannot be said, that it was necessary to enable the state to discharge the sum which is to be paid to the family of William Penn, for the unseated lands were five fold sufficient for that purpose-and it surely was not necessary to the happiness and well being of the people, from whom the money was to be collected, a people for whose benefit the act was assumed to be passed. A people at that moment suffering all the evils of a protracted war, with the disciplined armies of the British King pressing them upon one side, and their
fierce and unforgiving savage foes on the other, seeking to revenge themselves for the loss of their country.
The strongest and most unanswerable reason that could have been given, and the very one which was as- signed for the passage of the act, was the relief of those very people, oppressed as they were by heavy assess- ments to defray the expenses of the war, and constantly liable to be called into the field, where thousands of them perished, and left their widows and their orphans to settle their accounts with their country as best they might. Those who survived, and returned to their farms and their families, could do little for themselves. They had nothing but certificates and continental paper money. Neither were of any service to them, for nei- ther could be received in payment for their lands. Spe- cie was demanded, and specie they had not. But the tenth section of this act does not do what it professes to do. It proposes to "preserve equality among the pur- chasers under the late proprietaries."
I have already stated that the lands taken at £15 10s. per hundred acres, were subject to an annual quit rent of only one half-penny per acre, while the large and va- luable tracts which have been taken at £5 per hundred acres, were subject to a quit rent of one penny sterling per acre. And this difference in the quit rent was in- tended to equalize the price. The act discharges the quit rent in both instances; and the consequence has been, that those whose lands were charged with the half penny quit rent per acre, have been obliged to pay £10 10s. (with interest, simple and compound, from the date of their warrants) more for every hundred acres, than those whose lands were charged with the penny quit rent per acre. Thus
A took a warrant for 300 acres, at £15 10s. per hundred acres, amounting to £46 10
And one half penny quit rent per acre.
B took a warrant for 300 acres, at £5 per hundred acres, amounting to, 15 00
And one penny quit rent per acre.
Making a difference of £31 10
Thus it appears that though originally each agreed to pay what was considered to be the same price, the effect of the 10th section of the law of 1779, has been to compel one class of purchasers to pay more than treble the amount paid by the other. I need not say more to explain the unequal operations of this law, which pro- fesses so fairly upon the face of it, to do equal justice to all.
And here, sir, allow me to inquire what were the rights which the commonwealth acquired by this act, so far as claims are concerned? The fountain cannot rise higher than its source. The rights of the state can be no greater than were the rights of the representatives of William Penn, and for the sake of the argument sup- pose we for the moment grant that they are as great. What were, then, those rights? The rights of indivi- duals certainly. The whole history of the province of Pennsylvania goes to prove that they were so consider- ed. The provincial legislature, never, in any instance, interfered with the sales of lands. The money arising from those sales never went into the public treasury; never was, in any shape, appropriated to public pur- poses; but was, from the first settlement of the province to the commencement of the Revolution, the undisput- ed and unquestioned private property of William l'enn and his heirs; and as such, was by them at all times, ex- pended for their own private purposes. These, then, were the rights of which the state became the self-insti- tuted assignee in virtue of the act of 1779.
These facts are known to all, who know any thing of the matter. They are indisputable. How is it, then -- upon what acknowledged or known principle of law or of justice, that the state, standing in the place of an individual, possessing the rights of an individual, and those rights only in regard to the debtors of the heirs of
93
UNPATENTED LANDS.
1829.]
William Penn, by the act of 1816 says to those debtors: The interest shall now be added to the principal, and from this time forth shall be charged with compound interest? Would those heirs be now permitted to assume this attitude towards their debtors in the proprietary manors? Certainly not: should they even accept com- pound interest under any circumstances, they would be liable to the severe penalties imposed by the general laws of the state. Where, then, is the distinction of the difference? All men would ridicule the proposition that between individuals one party could change the terms of a contract without the consent of the other. And the constitution of Pennsylvania and of the United States-if you will admit that they have any validity- both forbid the impairing of contracts by any general law. But, sir, I have heard the act of 1816 defended on this floor upon the ground, that the Representatives of the people of the counties most interested in this matter, voted for its passage. How many or how few of them voted for it I know not -- nor is it material. Had they all opposed it, and a majority of the two houses been in favour of its passage, the validity and binding effect of the law must have been the same, as if it had received the unqualified assent of every member of that Legislature.
This alone, sir, is in my judgment, a sufficient refuta- tion of an argument founded in a false notion of the principles and structure of our representative govern- ment- The powers of a Representative are undoubted- ly as extensive as may be necessary for all general legis- lative purposes within the limits prescribed by the con- titution; and it may not be easy to define them accurate- ly, but it is perfectly easy to understand, that it is im- possible that they should be such as to constitute him the attorney in fact for any one or more of his constitu- ents. To make bargains for them -- compound with their creditors, and dispose of their property at will! Power so unlimited and full of danger could never be given by a free people. Could I agree, sir, that some fifty of my constituents-naming them-should pay a certain sum into the state treasury. The principle is the same, and yet in this shape it would be considered, as it really is-monstrous. It would not be endured. For if it were, it would place the fortunes of the people entirely at the disposal and mercy of their individual representatives. There could be no limit fixed to it. We have no such powers, sir, nor had our predecessors at the date of the passage of the act of 1816. Permit me now, sir, to advert to some of the circumstances which have attended the sales of lands acquired by the state under the act of November 27, 1779. The Land office was opened under the authority of the com- monwealth in 1784, and the prices were established at £10 per hundred acres, east, and at £3 10s. west of the mountains-certificates, and evidences of public debt of all kinds, which had been issued under the authority of Pennsylvania, or of the United States, were received in payment, while this same law of April 1, 1784, declared that Gold and Silver, and Gold and Silver only, should be received of those who held land under proprietary titles. It is a well known fact, that at the period we are speaking of, immediately after the close of the Re- volutionary war, there was no such thing as specic in the country. These unfortunate people, therefore, could not pay, The whale circulating medium of the country consisted of the certificates I have mentioned. These certificates were at that time worth from two shillings to two and six pence in the pound. And it was not till 1789 that they rose to 4 shillings. After the adoption of the Federal constitution, and after it was as- certained that Congress would redeem these public se- curities, we find there was a law passed providing that those holding under proprietary grants, might pay one- fourth in specie and three-fourths in certificates; but this law came too late to be of service. The certificates had risen in value, and most of them had disappeared. The price of land was, I believe, afterwards raised from £3
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