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 32

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

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 32

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There have been added to the Library four hundred volumes, among which are comprised many standard works of peculiar worth and rare attainment, and which enhance materially the value of the collection-some of these have been received as donations.

From the Treasurer's report, which is herewith sub- mitted, and for the accuracy of which proper vouchers have been furnished, it appears that there was in his hands a balance of $68 79 in favour of the Company at the commencement of the present year, exclusive of the sum of $500 invested in stock bearing an interest of 6 per cent. The expenditures of the present year have been $1114 62.

It has been gratifying to notice the increased propor- tion of readers at the Library during the last year, while the number of volumes loaned to members exceeds that of the previous year by 2900 volumes. Thus far we have every reason to be satisfied with that feature of the plan, peculiar to our society, the combination of the ad- vantages of a library and reading room, since experience has demonstrated its superior adaptation to the conven- iences and circumstances of its different members.

From the crowded attendance at the delivery of the. course of lectures, the last winter, upon Mer antile Law and Usages and from the manifest utility of the plan, the Directors agreed toinstitute a second course; unavoidable circumstances have caused a short delay in their com- mencement, but it is proposed speedily to resume them.

Upon the whole, the Directors congratulate their as- sociates upon the ascertained benefits which have flow- ed from the establishment of the Mercantile Library without unpleasant rivalry or collision with any kindred institution; it is silently accomplishing the great and im- portant object of its formation, and is attracting to its support a share of public favour, which will secure its' permanent and progressive advancement, nor can it be doubted by any who know the value of mental dicipline and early moral culture, that our institution is not to be lightly estimated among the enterprises of the age, whose aims are directed alike in the promotion of pri- vate virtue and the public warfare.

By order of the Board of Directors. JOHN WELSH, Jr. Secretary. TREASURER'S REPORT.

To the President, Directors and Company of the Mer- cantile Library.

In conformity with the usual practice, the Treasurer submits to the company a statement of his transactions, for the past year.

The balance in his hands on the 11th of January, 1828, was $581 91; the receipts since that period amounted to.

III

GOVERNOR KEITIL.

1829.1

$1098 50, of which 180 were from annual subscribers, 216 50 from the annual payments of stockholders, and 702 from the sale of 75 shares of stock, 59 of which were at $10 each, and 16 at 7, making together $1683 41.

The expenditures for the same period have been, for the purchase of Chesapeake and Delaware Canal Loan, which pays 6 per cent. interest, $508 73;for books $246 98; binding books 106 64 preparing catalogue and printing 500 copies of it 140 89; for rent 223; for news- papers and periodical works 88 50; for Librarian's sal- ary 162 50; and various incidental expenses 137 98, making an aggregate of 1614 62, and leaving a balance of 68 79 in favour of the Company.

· The whole number of stockholders is 287, and of Sub- scribers 60. The revenue derived from these two sources, which is all that can be certain, is 407 dollars. It appears by the preceding statement, that the perma- nent expenses are about $600 which is exclusive of the amount expended in purchasing books, and that the sum requisite to keep the Library in its present condition, and to provide it with such of the popular and other pub- lications as its readers require, cannot be estimated under one thousand dollars. The excess of the ex- penditures over the regular income of the Company has heretofore been met by the sale of stock, which has thus far been freely taken, and it is believed will con- tinue to be in demand. The number of shares author- ized to be issued was 300, of which but 13 remained un- sold. It is respectfully suggested that no mode can be devised, which will so effectually meet the wants of the Institute, and contribute to the advantages which it presents to its members, as the creation of an addition- al number ofshares of stock.

It will probably become a subject for the consideration of the members, at some future time, whether it will not be advisable to increase the amount of the annual pay- ment on the stock. ' The income of the company is at present too small to enable the Directors to place the Institution on that elevated situation which it is destined to occupy; but by exertions on the part of its members, a sufficient number of stockholders could be obtained, to furnish ample means for the extension of its accom- modations, and for the increase of its usefulness.

It is not asserting too much to say, that when we con- sider the low price of the stock, the small annual payment upon it, and that it is open to all classes of the communi- ty, it ought to number as members at least one thousand.

By a resolution of the Company all of the annual dues on stock, which remain unpaid six months, are subject to an additional charge of 25 per cent .; if twelve months, 30 per cent, and if two years, they become forfeited. A considerable number of last year's remain unpaid, and in the present state of the funds it is particularly desirable to receive them. . They may be paid at the Library any evening when it is open.

JAMES S. NEWBOLD, Treasurer. Directors for the year 1829.

Thomas P. Cope | John M. Vanharlingen

Thomas Biddle

[ John Fassitt

Win. M. Walmsley

| Joshua Haven

Joseph H. Dulles

John Welsh, Jr,

John. M. Atwood

| John Hemphill

William E. Bowen

| David Lewis, Jr.

Treasurer,-James S. Newbold.

At a meeting of the Directors held on the 12th inst. THOMAS P. COPE, EsQ. was unanimously re-elected President, and JOHN WELSH, Jr. Secretary.

SINGULAR INSTRUCTIONS.

We met with the following instructions in the votes of Assembly of Pennsylvania. They remind us of a , practice which prevailed a few years since, and perhaps is still continued in New-England, of posting up, in a glass case near the church door, for several successive Sundays, the names of those who propose to enter into the

state of wedlock. The design is in both cases we presume, the same. It is possible that some public notice being required of an individual's intention to apply to the Legislature for special privileges, would tend to di- minish the great sacrifice of time and attention, which is now made for private petitions, frequently to the preju- dice of the public interests, and the postponement of important public business; and would also preserve tlic peace and contribute to the comfort of neighborhoods af- fected, by granting the requests of individuals, without affording an opportunity of making opposition where it would be proper and beneficial. We do not wish how- ever, to be understood as advocating the plan proposed in the present instance.

Extract from Gov. KEITH's message, dated 3d Mo. 7, 1724:

"Mr. Speaker, and Gentlemen of the Assembly,

"Herewith I send you the perusal of an original In- struction, which I lately received from the Crown, in re- lation to the passing of private Acts of Assembly in this Province; by which, I conceive, is meant acts relating to privileges or advantages granted to particular persons, and not to the public in general; and I judge it will be proper for you to cause a copy of it to be entered upon your journals, for your better direction in cases of that nature."

By the Lords Justices,

WILLIAM, Cant. MACCLESFIELD, Ch. CARLETON, P.

GRAFTON, ROXBURGH, CADOGAN.

Additional INSTRUCTION for Sir WILLIAM KEITH, Baro- nct, Deputy Governor of his Majesty's Province of Penn- sylvania, in America, or to the Commander in Chief of his Majesty's said Province for the time being. Given at Whitehall, the 23d day of July, 1723, in the 9th year of his Majesty's reign.

We do hereby, in his Majesty's name, direct and re- quire, that you do not give your assent to any private Act until proof be made before you in Council (and en- tered in the Council books) that public notification was made of the parties' intention to apply for such an Act, in the several Parish . hurches where the premises in question lie, for three Sundays at least successively, be- fore any such Act shall be brought into the Assembly .- And further, you are to take care, that for the future you do not pass any private Act without a clause inserted therein, suspending the execution of the Act until his Majesty's royal approbation shall be had thereof.

BIOGRAPHICAL SKETCH OF SIR WILLIAM KEITH,

One of the former Governors of the Province of Penn- sylvania .- ( from Mem. Penn. Hist. Soc. )

At this distance of time little information can be had in respect to a man who died upwards of seventy years ago, and has left no descendants or connexions in the country.

While he lived, he was an active and important organ of the provincial government, and may be conceived to have been a person of considerable mental powers.

Where he was found, and why he was selected by William Penn to administer the executive government, is not now in our power to ascertain. His surname would indicate that Scotland was the place of his birth or of his extraction. He certainly was a man of educa- tion; and, perhaps, from some circumstances, we might be authorised to conjecture that he was of the profes- sion of the law.

In 1717, he succeeded Gookin, who had not been very popular, and the difference of his manners soon render- ed him a favourite of the people. His first address to the assembly was calculated to win their affections at the expense of his own dignity.

112

GOVERNOR KEITH.

[FEBRUARY

We cannot at this time thoroughly comprehend some parts of the services which he alleges that he has already rendered.

Why he should have undertaken to present to the "Prince Regent" the address of the Assembly to the king, and why it should have been an " expensive appli- cation," we know not.

He next claims a credit with the people of this pro- vince, on the score of his having diligently, and at a considerable charge, obtained the commission of gover- nor. We can hardly suppose that William Penn ex- posed the office to sale.

These are some of the mysteries which frequently ac- company transactions of remote times, when no cotem- porary pains are taken to prepare evidence.

On the death of William Penn, which shortly after- wards ensued, Sir William Keith appears to have been inclined to promote the interests of the elder branch ; although the will of the illustrious proprietor strongly indicated that he considered the elder branches fully provided for by the Irish estate which devolved on them, and that the entire interest be held in the province of Pennsylvania should appertain to his children by Han- nah Callowhill.

William Penn, the eldest son by the first wife, con- ceiving himself entitled to the government, whoever might be proprietor of the soil, soon sent out a commis- sion to Keith, appointing him deputy governor; which the latter accepted, although at the same time in a stu- died and ambiguous message to the assembly, he in- timated some doubts-and he must have felt dissa- tisfaction at the widow's having transmitted the copy of the will to James Logan, without any communication to him.

In the mean time a perfect harmony between himself and the assembly continued-they approved of his vigi- lance in respect to some Indians-they assented to his establishing a Court of Chancery, in which he presided -and the only dissatisfaction that his public conduct for a long time excited, seems to have been his preference of the dignity of this court to the conscientious scruples of the Friends. John Kinsey, a lawyer of considerable eminence, who was afterwards Chief Justice of the pro- vince, refused, from religious scruples, to uncover his head in the court, and an officer was directed to take off his hat. The quarterly meeting presented a very respectful address to the governor, (which may be seen in Proud's history, ) and an order of court was thereon made, declaring that keeping the head covered should not be construed into a contempt of court, but be con- sidered as an act of religious liberty. Why he, who had before that time claimed so much credit for the pains he had taken to procure the sanction of parliament to the admission of an affirmation in lieu of an oath, should have shown his disregard of a religious peculiarity to which the Friends were well known to be sincerely attached, it is difficult to conceive. It must for a time have di- minished that popularity which with so much pains he had already acquired; and he could not plead ignorance of their pertinacious adherence to a practice for which, in the opinion of the society, there is the greatest author- ity.

I notice this particular as indicating the character of the man, without intending to enter into the history of his public administration. This history may be partly collected from the plain and impartial narrative of Proud, and partly from the panegyric of the Historical Review, printed in London, in 1749, and by many attrib- uted to Dr. Franklin. Both agree that when his com- mission as governor was suspended by the appointment of Patrick Gordon in 1726, he obtained a seat in the house of assembly as a representative from Bucks coun- ty, and that he took all the means in his power "to di- vide the province, embarrass the governor, and distress the proprietaries."

He afterwards went to England, and soon afterwards addressed to the king a representation on the state of

the colonies in North America, which has been inserted at length in Burk's History of Virginia, (printed at Pe- tersburg in 1805.) It is in some respects a very valua- ble document, as it embraces an account of the produce, commerce, and consumption of this country in 1728, more distinct & perhaps more accurate than can be found elsewhere. He represents that the colonies then took off one-sixth of the woollens of Great Britain, more than double that value of their linens and calicoes, a consid- erable quantity of East India goods, great quantities of English silks, &c. and he describes their naval com- merce as very great and constantly increasing. He proposes some schemes for consolidating the provincial governments, and enlarging and systematizing the pow- er of the crown; one of which is, (probably with a view to an appointment in his own favour, ) that judges shall be sent out from England with a jurisdiction over the whole country, and to be independent of the provincial legislatures.

This advice, although well calculated to increase and prolong the royal authority, was not attended to, or perhaps was found impraticable.

Disappointed in this quarter, he made an effort to support himself as an author, and in the year 1738 he published a history of the colony of Virginia, pro- posing to proceed with histories of the other colonies; but it is probable, that this work, though not ill writ- ten, was not very successful, for he proceeded no fur- ther in his design. He died, it is said, in great poverty in London, about 1749. His widow, Lady Keith, sur- vived him several years. She lived immured in a small wooden house in Third street, between Market and Arch streets, with an old female attendant as companion, re- fusing all communication with society, and reduced to great difficulties for subsistence. The house itself, long after her disease, was rendered memorable by one of those melancholy casualties which sometimes occur, even in populous cities where help is most at hand. In 17.86, it was consumed by fire, and four persons perish - ed in the flames.

Sir William Keith seems to have been a selfish and an artful man, whose true character was perhaps not known to William Penn at the time of his being ap- pointed. . His first ostensible attachment was to the po- pular interest in opposition to that of his employer the proprietary; and his evident object was to enrich him- self, not to contribute to the relief of the family at home. His next public step was to promote the inter- est of the elder branch instead of the younger. In this he discovered little penetration; he offended those who, he might easily discover, had the power to injure him, and courted the favor of those who had no perma- nent benefits to bestow.

The remnant of his life was embittered by the con- sciousness of disappointed ambition and the pressure of hopeless poverty. He saw the younger branch which he had opposed, rising rapidly in wealth and conse- quence, and the province, under the temperate adminis- tration of Gordon, peaceable, prosperous, & contented.

In the work I have last mentioned it is said that the "ghosts of departed governors" were to be frequently seen wandering about the vast metropolis of the British empire, and among these, perhaps, that of Sir William Keith was not the least querulous and unhappy.

WEATHER .- During the past week, the weather has continued severe. Several slight falls of snow-the- 'Delaware still impeded by floating ice, and the Schuyl- kill frozen.

" It is probable that in consequence of a New Car- rier being employed in the parts of the city south of Market street, some of our subscribers may not have been served with last week's Register. Should this have been the case, they can be furnished at the PUBLICA- TION OFFICE in Franklin Place, second door back of the Post Office, (back room.)

THE

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. III .- NO. S. PHILADELPHIA, FEB. 21, 1829. NO. 60.

LAW CASE. DISTRICT COURT OF UNITED STATES. Admiralty Jurisdiction. Davis & Brooks

vs.

The Brig Seneca, Capt. Levely, part owner. This was a libel filed by Davis & Brooks, part owners of the brig Seneca, of New York, praying an order of sale or that the vessel might be delivered to them. The circumstances are fully set forth in the opinion of the District Judge.

The case was argued on the 12th, 19th, and 20th of December, by Mr. T. I. Wharton for the libellants, and Mr. Chauncey for the defendant; and on 23rd of De- cember the opinion of the Court was delivered as fol- lows.

HOPKINSON, Judge .- When a cause is to be de- cided which involves in it an important and extensive principle of jurisdiction, it is a great satisfaction to a Judge to feel assured that he has been furnished with all the aid that professional learning and industry can afford.

In this case no pains have been spared to elucidate the subject by the learning of the past as well as the present age, and I regret that the urgency which calls for a speedy decision has prevented that critical exami- nation of some of the books referred to, in foreign lang- uages, which I should have made if more time could have been taken for it. I do not, however, come to the decision of the case without a careful and sufficient ac- quaintance with the authorities cited.

The petition is filed by Davis & Brooks, merchants of the city of New York, who state that they are own- ers of one half of the brig Seneca now lying in the port of Philadelphia, and that the remaining half part belongs to Capt. Henry Levely; that Capt. Levely has had pos- session of the brig for several months, having the sole control thereof, and has proceeded on certain voyages to the detriment and dissatisfaction of the late part own- ers (from whom the brig was purchased by the petiti- oners), and now again threatens to take the vessel to sea without the consent of the petitioners, and to their great detriment. The petitioners go on to state that finding themselves in a very inconvenient situation by the conduct of Capt. Levely, they have repeatedly off- ered to sell their share to him at a reasonable price, or to purchase his share on sufficient terms, or to sell the entire vessel at public sale, or to send her to sea with a master appointed by themselves; but that the said Capt. Levely has obstinately refused to adopt either of these courses, and persists in declaring that he will take the vessel to sca.

The petitioners, in consideration of these circum- stances, pray-first, for an attachment against the vessel, and a citation to Capt. Levely to shew cause why the Court should not grant an order for the sale of the said vessel; or, 2dly, why the petitioners should not be permitted to send her to sea with a master appoint- ed by themselves.

The attachment and citation were granted, and the case has been argued on the two remaining prayers of the petition.

sion of her; that he has heretofore proceeded in her on certain voyages ; and that it is his intention im- mediately to take her to sea; but he denies that this case affords the Court any jurisdiction either to order a sale of the vessel, or to takeher out of his possession;but that the only right and remedy of the petitioners are to require of him to give them the usual security for the safe return of the vessel, before he takes her to sea, a- gainst their consent, which he is willing and ready to do. The petitioners' counsel has taken a very wide range over the ancient and modern powers of the Admiralty in England, and on the continent of Europe, to establish the right of the Court to order the sale of a vessel in case of partners disagreeing about the use of her; and the defendant has peremptorily denied the jurisdiction of the Court to compel a sale for any such reason-under any such circumstance. It is for me only to decide the case presented to me which seems not to call for the a- doption of doctrines so broad and universal as those which have been spread in the argument. I am not now required to give an opinion upon an abstract question of law nor to say whether a case may not occur or be ima- gined in which the admiralty might direct the sale of a vessel held under its jurisdiction, either as a direct or in- cidental power-my enquiries will be limited by the case of the petitioners, and their right to the remedies they pray for.

The parties in this transaction are truly placed in a most inconvenient position, but it results from the in- evitable consequences of the contract they have made with each other. While the law would not impose in- justice or injury upon any one, it cannot undertake to save men from all the losses and inconveniences to which they may be exposed in the connexions they form in business or friendship; from the responsibilities and dan- gers they may incur in their various relations in society. The hardship of this case, on which ever side it may fall, is no ground of complaint against the law, which gives all the protection it can, but cannot always preserve men against themselves and their own acts. In the con- nections they form they can in many cases have no oth- er security than the discretion and good faith of those in whom they confide, and to whom they commit them- selves. The petitioners have insisted in support of their claim for anorder of sale, Ist. That the maritime courts of the continent of Europe have possessed and still pos- ses this jurisdiction. The direct authorities relied upon for the support of this doctrine, may be resolved into the passages cited from Molloy, and the 6th article of the 2d Book Title 8th of the French Ordinances with the commentaries of Valin, page 581; Browne's Civil and Admiralty Law; Beawe's Lex Mercatoria & other books have been referred to; but they merely repcat the par- agraphs of Molloy, without any additional authority: other authors cited of an older date speak only in gen- eral terms of the extent of the admiralty jurisdiction, without specifying the case now under consideration. - In examining therefore the passages of Molloy and the pages of Valin we shall probably omit nothing material in the first point.

As to Molloy, I am compelled to say that it appears to me that this learned and respected jurist has involv- cd himself or at least his readers in some confusion and

The defendant admits the ownership of the vessel as stated in the petition; that he is in the sole posses- | uncertainty on this subject. In book 2, chapter 1, page VOL. III. 15

114

LAW CASE.

[FEBRUARY

219 and sequel, after giving us the sentiment often re- ferred to by subsequent writers that "ships were invest- ed for use and profit, not for pleasure and delight, to plough the seas, not to lie by the walls," adds -- that therefore the major part of owners may even against the consent, but not without the privity and knowledge of the rest, freight out their vessel to sea. Here the prin- ciple is announced which is now adopted and acted upon in the admiralty of England and this country, as well as on the continent, requiring however security forthe dis- senting owner for the return of the vessel.

He proceeds, "if a major part" (here he refers to numbers) "protests against the voyage, yet the same may be effected by that party, especially if there be empeality in the partnership;" by which I understand he means to say, (referring not to numbers but to interest,) if the onc dissentient owns as much of the vessel as all the others. The word "especially," would leave us in uncertainty as to what may be done in cases where a ma- jority in interest are opposed to the voyage, if another passage did not explain it. In a subsequent page he tells us, that "if it should fall out that the major part of the owners refuse to set out the vessel to sea, there, by reason of the inequality, they may not be compelled; but then such vessel is to be valued and sold." We seem now to have two cases provided for: the first, of an e- quality of interest in the ownership between those in favour of and those against the voyage, in which case it may be effected even by a majority of numbers; and secondly, of a majority in interest opposed to the voyage in which case the voyage may not be effected, but the ves- sel shall be valued & sold. So far, we would charge this author only with the want of a lucid & precise explanation of his meaning:but what shall we say of the followingpara- graph: "Ifit falls out that one"(without stating his propo- rtion of the interest, ) "is so obstinate, that his consent can- not be had, yet the law will enforce him either to hold or sell his proportion." Now, that he mu t hold or sell, is an inevitable alternative in every case, and requires no enforcement of law; it is probably intended that the law will put him to his election; "but if he will set no price, the rest may. outrig her at their own cost and charges." And is this to be the course in every case where one withholds his consent. to a voyage, without regard to the quantity of his interest, whether more or less, or equal to the others, for no such distinction is noticed? I would presume that the one partner re- fusing must be inferior in interest, as well as numbers, to his copartners; but there is a perplexing obscurity in all that this writer has said upon the subject. The in- terpretation of all the passages may be:If there is any e- quality of ownership, the voyage is to preceed; but why "especially." If there is a majority against the voyage, the vessel is to be valued and sold; if the majority is in favour of the voyage, they may fit out the vessel at their own charge, having reference in every case to the in terest. Ilow shall we apply the doctrines of this author- ity as we understand them, to the case before us? It is not a case of majority in numbers or value desiring to send the vessel to sea, and opposed by a minority, but of an equality of interest in the vessel-one insisting to send her to sea the other rejecting, and in such a case, says Molloy, the voyage "may be effected" by the par- ty who would employ the vessel. It is not asserted by this authority, that in this case an order of sale would be granted, because it falls within the more convenient remedy of effecting the voyage, under, proper responsi- bilities to those who object to it. The compulsory sale is resorted to only when the majority object to the em- ployment of the vessel, and may not, therefore, be com- pelled to undertake it; and then, that the ship, in which the public commerce claims an interest, may not be lost and "lie by the walls," the court on motive of public policy, and not to cure improvident contracts, or serve individual interests or convenience, assumes the high authority of forcing a man to a sale of his property, against his consent, at a price not under his controul.

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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 32

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440