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 29
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10s. to £10, for every hundred acres, but the favoured country North and West of the Ohio and Allegheny ri- vers, is specially excepted out of the provisions of the law of 1816. Those fortunate people pay no compound interest. A considerable part of the country which now forms the counties of Fayette, Greenc, and Wash- ington, was claimed by Virginia, and by the compact between the two states, by which the boundary lines were finally settled, the titles were recognised and con- firmed. These lands had been obtained by the pur- chasers from Virginia, at the rate of ten shillings sterling, or about two dollars and twenty cents for every hun- dred acres.
But enough has been said to prove the unequal not to say unjust operations of the practice and laws regulat- ing the sales of the public lands, both before and since the Revolution, and those acquainted with the subject readily acknowledge that it would not have been easy for the ingenuity of man to have devised a system more complicated in its operations, or more fruitful of litigation & other evils in its details, than that adopted in Pennsyl- vania. But time, and as I perceive the patience of the committee will not permit me to do justice to this part of the subject.
I trust sir that I have already shown that no class of purchasers has been more hardly dealt with or suffered more than the one to which the petitioners for this bill belong. I mean the persons who purchased land in very early times, from the proprietaries at the rate of £15-10 per hundred acres.
I would not have it inferred from what I have said, that nothing has been paid by this class of purchasers. - Many millions of dollars have been paid by them, & they are still paying very large sums into the public treasury. If I mistake uot, about eighty thousand dollars have been paid by them within the last year, and most of the valuable lands have been patented. Still however, owing to the prodigious accumulation of interest, much remains due. The lands that remain unpatented are most of them of an inferior quality, and have been di- vided and subdivided, till the very office fees, the ten dollars which must be paid for the patent of every sepa- rate parcel, often amount, to more than the original purchase money exclusive of interest. They are, too, in thousands of instances charged with the maintenance of widows and orphans. The only support of infancy and of age.
Creditors are also interested to an immense extent. Under all these circumstances, I ask you sir, is it not enough that the present owners of these lands should be charged with the original purchase money and the inter- est upon it at six per cent. per annum, for three fourths of a century, must they, or ought they to pay interest upon that interest for the last twelve years and more .- But if all these considerations are to be viewed as of no importance. If the government of a free state-a gov- ernment which depends for its existence upon public opinion, and which must rely much more upon moral and physical power for its support. I had almost said sir, if it will adopt the savage rule-the lawless maxim of
"Let him take who has the power,
And let him keep who can."
I must leave all I have said out of the question and confine myself entirely to a coldexamination of the poli- cy of the proposed measure. And even on this ground alone, I think a reasonable man might be convinced that the law of 1816 ought to be repealed. A large proportion of the lands in question are actually not worth the accumulated amount of principal and compound . interest, now demanded by the state, though they may be of sufficient value to satisfy the principal with simple interest. If more is exacted than is believed to be duc, the debtor rises against what he conceives to be oppres- sion, and will not pay if he can by any means evade do- ing it. If no more is demanded than is thought just, every exertion will be made to satisfy the claim. The existing laws provide for the institution of suits and the
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sale of lands-and that if they will not sell for enough to discharge the amount due the state, they shall be pur- chased for the use of the commonwealth. And suppose this should be done what would the commonwealth do with tens of thousands of small farms -- sell them? no certainly, because they would already have been expos- ed to public sale, and the state must have out-bidden all other bidders, and it must also have its money to the last cent. Lease them out then, perhaps. We must then have Farmers General, and Deputy Farmers Gen- eral, sub-deputies. I fear the rents would not pay them, and we should be called upon to pass acts for the relief of this army of officers. Allow them then to remain un- occupied. But these are not unseated lands. I must repeat it sir, they are small well cultivated farms-with farm houses and barns and out-houses,and all things else necessary for the comfort of industrious families who in- habit them, and were they to stand a single year tenant- less, their falling roofs, broken windows and prostrated fences would exhibit beautiful monuments of wisdom. And in the meantime thousands of our fellow citizens would have been driven from the homes of their fathers to seek in other states, the protection their own had de nied them. 1
It has frequently been said that to release those who have not paid, from the claim of compound interest would be doing injustice to those who have. I cannot understand the force of this reason; or if I do compre- hend it at all, it amounts simply to this. Not that equal justice, but that equal injustice should be done to all. I cannot perceive sir, how two wrongs can make a right, or what satisfaction it could afford to those from whom more than was due was already exacted, were they to be informed a like measure of injustice would assuredly be meted out to certain other of their fellow citizens.
I should and perhaps I ought to say more. I hardly could have said less. It is a subject that deeply concerns a large portion of our fellow citizens. I will not even stop to answer a suggestion that I have somewhere heard, that the state could not now afford to repeal the act of 1816. The state sir can always afford to do jus- tice. Judging from the facts that have come under my observation and after investigating the subject as far as my limited opportunities have permitted, it is my delibe- rate opinion, that both justice and policy require the passage of this bill more especially the first section of it, which goes to discharge those citizens who are indebt- ed to the state for lands from the payment of compound interest.
REPORT.
Of the Committee on Inland Navigation and Internal Im provements, relative to the BALTIMORE AND SUSQUE- HANNA RAIL-ROAD.
Mr. Lehman, from the committee on inland naviga- tions and internal improvement, to whom was referred sundry petitions relative to the construction of a rail road, by the Baltimore and Susquehanna rail road company, from Baltimore to the Susquelianna, and from thence to the borough of Carlisle, made
REPORT.
persons who are not citizens of Pennsylvania, for the object of the petition, with power to. raise a revenue from the people, and who may contrive to conduct their business beyond the vigilance and reach of our laws, ought not to engage the serious attention of the legisla- ture.
The petitioners ask for a charter to citizens of Mary- land, to make a rail road, which is to begin in Baltimore, and to pass in front of the Pennsylvania Capital, under the eye of the Pennsyvania legislature, and to penetrate through the heart of Pennsylvania, for the purpose of securing the profits of Pennsylvania trade to a city which pays no revenue to the state, and is beyond her jurisdiction. The petitioners further ask that the cor- poration be allowed to act as a transportation company, and that their property be exempt from taxation, and that they may make the road, not as a public highway, but as a monopoly to be exclusively used by the com- pany, or at the pleasure of the company. It is believed that the grant of such privileges is not due to any prin- ciple of comity or justice, and is repugnant to every principle of state pride and state policy. It would have a tendency to deprive the state of the trade which will be one of the elements of her future greatness; and with whatever care the charter might be guarded, the humiliating spectacle would soon be exhibited of the country of Penn and Franklin, pleading for her rights at Washington, in the courts of the United States, against a corporate power located in one of the streets of Balti- more. An absolute and exclusive controul over the highways, expecting only what is conceded to the pa- ternal government of the United States, is the constitu- tional right, and is part of the sovereign power of the state, and ought only to be given up when absolutely necessary for the construction of works bearing a na- tional impress. The work in contemplation, is urged upon the ground of mere local accommodation, so far as respects our own citizens; and when it becomes ex- pedient to construct it, a due regard for the character and interests of the state will require its construction either by the government or by our own citizens.
It is alleged that the citizens of Maryland offer to im- prove our state at their own expense. It must, however, be borne in mind, that when in possession of the charter, the company will be enabled not only to reduce the pub- lic revenue arising from the tolls on the Columbia rail- way, and from taxes paid in Philadelphia, but to levy such tolls on those who use the road as will produce di- vidends upon capital expended far beyond the amount of legal interest. A recent report shows that if the road is made, and Baltimore succeeds in diverting the trade of the Susquehanna from the Union Canal and from the rail way commenced at the expense of the state, the company may, in the space of four months, receive tolls upon Pennsylvania products, to the amount of $143,000.
The committee concur in opinion with the petitioners, "that facilities of transportation should be created." -- The preparatory measures adopted by the legislature, for the purpose of extending the rail road (forty miles of which is now under contract, ) to the town of York, and also from Harrisburg, through Carlisle, to Chambers- burg, prove that Pennsylvania is alive to the interests of the fertile and populous counties on the southern bor- der. It may be also added, that the Pennsylvania canal will flow along the eastern boundary of York & Cumber- land, and will, in conjunction with the Union canal and Columbia rail road, furnish a cheaper means of transport than any road Baltimore can make, and connect with a better market, either for purchase or sale, than any to be found on the waters of the Chesapeake.
That the time has arrived when Pennsylvania has the means, without the aid of the people of other states, of making such improvements as will accommodate all parts of the commonwealth; and the committee believe that, as a sovereign state of the American confederacy, it is her policy and her right, as far as possible, to adopt the principle that her highways are to be kept under her own controul. The expediency of placing the leading roads of a state in the hands of corporations, has in all It has been said by the friends of the Maryland project, that the people of our own sea port desired a monopoly. The committee believe that no combination, for the pur- pose of depressing prices, can take place, producing the evils of a monopoly in the commercial metropolis of Pennsylvania. Its population now exceeds 100,000, and ages been questioned; and some of the wisest statesmen inculcate the maxim, that roads and canals are to be ma le by the state, and to be kept in the hands of the state. Whatever may be thought of the wisdom of this maxim, so far as respects the incorporation of our own citizens, it is believed that the incorporation of | all are industrious and free. Its wealth is greater than
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that of any city in the Union. When the rail road and canals are completed, every body can choose their own time for going to market, either to buy or sell. Its harbour is secure, and its ships traverse every sea and visit every land. Its outlet to the ocean will soon be accommodated with a breakwater, and guarded in war by an impregnable fortress. Under these circum- stances, it is in accordance with reason as well as expe- rience to say, that the evils of a monopoly can never exist.
The committee protest against an act of legislation which will countenance within our limits a corporation designed to cripple the commercial energies and reduce the public revenue of Pennsylvania. They, however, deny that there exists any where a dispos tion to take from Baltimore the natural or artificial avenues she now enjoys and that will enable her to participate so largely in the trade which will spring from the improvements to be made at the sole expense and risk of Pennsylvania. No one will deprive her of the turnpike roads intersect- ing our border counties, and which have poured so much wealth into the bosom of Baltimore, without any retributory shop, bank, or collateral inheritance taxes, or auction duties. No one will obstruct the navigation of the Susquehanna. From the mouth of that, noble Pennsylvania river, whose harvest has therefore been reaped by Maryland, a barrel of flour may still be car- ried to Baltimore for six cents, and a ton of coal for fifty cents.
It has frequently been asserted that the trade of the Susquehanna can never find vent through the channels which lead to the Delaware, and that Baltimore may be made the chief maritime town of our state. The com- mittee will remark that by examinations on behalf of the state, a canal has been found practicable from the Sus- quehanna to the Lehigh, and which may, if the trade re- quires it, pass a million of tons annually, to be afterwards passed through the Delaware division of the Pennsylva- nia canal. A rail road has been found practicable, by en- gineers employed by the state, from Sunbury, Danville and Catawissa to Schuylkill. A rail-road has been com- mnenced by the state from Columbia to Philadelphia .- . The Union canal will soon be completed under the patronage of the state, which has guaranteed an interest on a large sumn. The experience of last year has proved hat this canal when completed will pass 4800 tons in 24 hours. If then the Union canal is navigable but 8 months, upwards of one million of tons may be passed in a single year. The report of Judge Scott and all other authori- ties agree that not more than the fifth of a million of tons have ever passed down the Susquehanna in one year. These facts are an answer and a refutation of the assertion, that a Baltimore rail road will constitute a ne- cessary outlet for the trade of the Susquehanna.
The committee will conclude by remarking that Pennsylvania has embarked in a system of improvement which has cost millions and will cost many millions more. It is based upon the principle of accommodating every county. The whole expense must be paid by the peo- ple of Pennsylvania. It is then the plain dictate of pru- dence and policy to pause before a public work is au- thorised at the suggestion of persons who wish to draw the trade of Pennsylvania from her own sea port, where, under the system of indirect taxation adopted by Penn- sylvania,are to be found the caterers of the public trea- sury. The committee submit the following resolu- tion:
Resolved, That the construction of roads within the borders of Pennsylvania, by the Baltimore and Susque- hanna rail road campany, would not be in accordance with public policy, and that the committee be discharg- ed from the further consideration of the subject.
CANAL DOCUMENTS.
Report and Estimate on the Survey of a canal line froin Easton to Carpenter's point, by D. B. DOUGLASS, Engineer.
To Joseph M.Ilvaine, Esq. Secretary of the Pennsylra- nia Board of Canal Commissioners.
Dear Sir,-I have the honour to communicate for the information of the board, the following calculations and estimates for a canal down- the Delaware, from the vi- cinity of Carpenter's point to Easton, the route of which was explored and surveyed by the party under my di- rections, in the months of July and August last.
Topographical character of the route.
It will be remembered, that the valley of the Dela- ware, within the limits of this survey, is bounded gene- rally on both sides by ranges of high and steep hills, having an interval of alluvion or bottom land from a quarter of a mile to a mile and a halfin width, through which the river winds its way. On a large proportion of the route, this interval is of the most favourable cha- racter, and sufficiently wide on the Pennsylvania side, for the construction and safety of the canal; but in some places the river closes upon the second bank, or upon the slopes of the higher ground in such a manner as to require for the support of the canal an artificial terrace and slope wall.
At three places in the course of the route, the river traverses distinct ranges of mountains. The first at Wal- pack bend, the second at the Water Gap, and the third at the Wygaat mountain near Easton. Here the border of alluvion disappears altogether. the river is reduced to a narrow defile, and its shores become rocky and precipitous. Shores partaking in a less degree of this character, are also found in some other parts of the line. One or two instances of moderate extent occur between Walpack and the Water Gap; and again somewhat more extensively between the latter and Easton. The rock in all cases is lime stone or slate, except at the Water Gap and the Wygaat; at the former of which it is chiefly sand stone, and at the latter what would com- monly be denominated granite. A small intermixture of sand stone is also seen at the upper commencement of Walpack bend.
Several tributaries of the Delaware intersect it, within the range of our survey, and furnish deep undulations and secondary valleys in the slopes of the primary onc. As these valleys, however, seldom run as low as the a !- luvial bottom of the latter, they offer no serious diffi- culty in the construction of the canal. The most con- siderable of the streams are the Bushkill and Broad- head creeks; besides which, are the Sawkill, Ranny's kill, Dingman's creek, Cherry creek, Kobus' kill, Mar- tin's creek, the lower Bushkill, and many others. Se- veral of these, if necessary, can be introduced as fecd- crs into the canal.
Dimensions of the Canal.
The plans and calculations which follow, have been made out for two different scales of construction. Onc adapted to locks of the width of eleven feet, and the other to those of nine feet. The canal, in the former case, is supposed 40 feet wide at the surface, 25 fect at the bottom, and 5 feet deep which answers well for boats of 40 tons; in the latter, it is assumed 32 feet wide at the surface, 20 at bottom, and 4 feet deep, which is a proper water-way for boats of 25 tons.
The lifts of the locks are taken in both cases, at from 9 to 10 feet, according to the supply of water.
General principles of the location.
As the bluffs constitute the chief difficulty of this route, the levels and location must be adjusted in some measure, with reference to them. In some instances where the bluffs are of inconsiderable height, the pre- vious levels have been kept up so as to afford a mode-
The schooner "New Connecticut," sailed from Buff- alo, N. Y. on the 8th, and arrived at Erie, Pa. on the 10th inst. This is said to be the first instance of a trip being performed between those places in the month of Jany. I ratc thorough-cut, without exposing the canal to the ac-
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tion of the river at all. But in other cases where the height has been too great for this, so as to render a con- struction along the face of the bluffs unavoidable, the opposite mode has generally been pursued with the le- vels, by dropping them as low as the floods of the river would permit.
Where bluffs have not intervened, and generally in tracing the location through the flats, the levels have been governed with a view to the saving of distance, whenever this could be done without sacrificing any considerable advantage in other respects.
To these preliminary observations, I beg leave to add a few remarks on the location and construction of the principal works of the line, before proceeding to the es- timate.
1st. The dam across the Delaware, at the head of the line.
This has been located, after a careful examination of the ground, at a reef called " Peter's Rift," about three- fourths of a mile above Carpenter's point. The river, it is true, is a little wider at this place than at Dunning's ferry, a mile and a half further up, but its advantages in other respects, and particularly with reference to the connexion of this navigation with the Delaware and Hud- son canal, are such as I conceive, justly entitle it to the preference. It is situated, for example, in the shortest and most direct line to the Delaware and Hudson canal, and affords an intersection with that navigation near the bend of Port Jervis, equally convenient for the trade of both directions.
2dly. It cuts off more than a mile and a half of expen- sive construction along the margin of the river, on the Pennsylvania side.
And 3dly. It affords great facility for leading off the canal immediately, on the line of its general direction, even with a dam of no more than seven or eight feet in height. It may be added to these remarks also, as a mere point of fact, that with respect to the canal now under consideration, this location takes off nearly ten feet of lockage.
It is proposed to construct the dam at this place with a waster of 600 feet, and with a curvature of 20 feet up stream, to adjust the work in such a manner that the foot of the apron shall, at the same time, range in a direct line across the stream. This will give a very lengthened slope to the apron in the middle, where it is also pro- posed to make the lip of the waster a foot and a half lower than at the wings. The level to be retained is 10} below bench No. 2. A dam thus constructed be- sides being very strong, will be perfectly safe and con- venient for the passage of rafts and river craft at all stages of the water.
2d. The line from Carpenter's point to the crossing of the Bushkill.
This division of the route comprehends about two miles of bluff's and sidelings, requiring the construction by terrace and slope wall, principally at Milford, Cave bank, the Bluffs near Judge Dingman's. and that above Daniel Hornbacks. In the generality of these cases the terrace may be formed in the ordinary way of excavation and embankment, but on a part of that at Milford, and also of that at Cave bank, it is thought more advisable to construct it entirely exterior to the present slope. Be- sides the localities mentioned, there are also about the same length of sidelings in different parts of this sub-di- vision which are in a great measure avoided by the man- agement of the levels, as heretofore explained, and paved by extra cuttings from above, only one of which exceeds sixteen feet in the deepest part. In all other respects this portion of the route is favourabie, being composed almost wholly of fine arable flats, and light soil.
A basin is projected in the mouth of the Sawkill op- posite Milford, but which requires no extra expense. All the other streams are passed by culverts.
3d. Crossing at Bushkill.
This is proposed by means of a dam, with an embank-
ment of moderate height across the flats to the second bank on the south side, and bringing down the line to the level of the reservoir thus formed, by a lock of 9 feet, connected with the abutment of the dam on the north side. This crossing might be effected by means of a wooden aqueduct, without bringing down the line; but this would require a very expensive embank nient across the flats, and the addition of a separate dam and feeder for the supply of the canal-to which the plan proposed is considered decidedly preferable. A spacious waste wier is projected for this dam, to consist of five sections, with intermediate piers of masonry, upon which the tow path bridge is supported, and a grating for the security of the navigation in times of high water.
4th. Walpack Bend
The laurel region of Walpack Bend, commonly de- signated by the name of "Greenland," has without im- propriety been considered as one of the chief difficul- ties of this route. The flats here, as already observed, disappear entirely, and the river closes to the very base of the mountain. This mountain is composed of alter- nating strata of limestone and slate, the ledges of which, covered with a partial layer of soil, constitute the face of the slope on which the line of canal is to be construct- ed. The water, however, is not deep, and with a little labour in blasting, there is the greatest abundance of material, both for the terrace and its protecting walls.
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