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 66
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Am. D. Adv.
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Mean temperature from three 7, daily observations.
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14 NW | High winds on 11th, and 25th,
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HOUSE OF REFUGE-MISCELLANEOUS.
[APRIL
HOUSE OF REFUGE.
Mr. POULSON :-- With feelings deeply interested for the promotion of so laudable an Institution as the House of Refuge, the writer of this has been permitted to ex- amine the Records of the House, and gathered from them the following interesting document, that no doubt cannot but awaken sympathetic feelings in the bosom of every one that peruses this paper. From the Records we learn, that out of 51 boys, that have been committed to the Refuge, 26 could not read. The girls, 14 in num- ber, 11 could not read. Eight girls out of the eleven, have learned to read scripture lessons, since their com- mitment. Likewise, the boys have made considerable progress in their learning. We learnt also, that out of the 14 girls, in the Refuge, 6 have lost their fathers by death, 4 their mothers, 3 have neither fathers nor moth- ers; and out of the 51 boys, 20 have lost their fathers, 7 their mothers, 11 have no parents living. Thus have we heard sung by the children of the Refuge:
Some of us here were Orphans left, And of parental care bereft; No friends, no guardians to our youth, To lead us in the way of truth.
As funds are needed for the institution, let the above document be an appeal to the benevolent heart-and as the Managers of the Refuge have it in contemplation to appoint an Agent to solicit donations and subscriptions to aid the funds, should it take place, it is hoped that the funds will soon be replenished; and part of the good things that the Lord in his bounty has bestowed upon his creatures, will cheerfully be given to snatch from the jaws of a dreary prison, the little wanderers, desti- tute of parental care.
HOWARD. Am. Daily Adv.
We were much gratified with a visit this week to the House of Refuge. Although the institution is still inits infancy, and of course many improvements in the man- agement and discipline may be advantageously adopted -yet we were pleased with the advances already made. The boys were variously employed: some at book-bind- ing; some at carpenter's work; some at shocmaking and tailoring; and others at covering demijohns with wicker work. From the cheerfulness and industry of the boys, and the appearance of regular business, the idea of pun- ishment was almost banished. While there, theywere sum moned to supper- at the call of a whistle, they arranged themselves in a line in the yard, according to their height-and after performing a few evolutions, march- ed in Indian file to the supper room, where they placed themselves, cach in his proper seat, at a signal from the superintendant-after being seated in silence for a few moments, a blessing was invoked, and they commen- ced their plentiful meal of mush and milk, and appear- ed to partake of it with good appetites and much satis- faction. About 4 hours each day are spent in school .- No one who reflects upon the important consequences which must result from a separation of such boys' from the vicious associates of a common prison, can for a mo- ment hesitate to aid the institution as far as he can.
MISCELLANEOUS.
A daily mail stage commenced running on the 1st in- stant between this city and Pottsville-through. in one day.
April 2. 11 Boats, carrying 304 tons of Coal, depart- ed from Mount Carbon for this city.
Canal .- The Berks and Schuylkill Journal of April 4, contains the following notice :
"It affords us pleasure to state that the Schuylkill Nav- igation has been re-opened, and that the whole line from Mount Carbon to Philadelphia, "was in navigable order yesterday. Several boats have departed with freight, and a number are busily engaged in taking in cargoes of flour, whiskey, &c. destined for the Philadelphia mar- ket.
"It is confidently expected that the Union Canal will commence operations early next week."
April 4. The Schuylkill has been visited by a fresh- et these two days past, probably the breaking up of the last ice and melting of the 'remainder' snow-however, boats descended the river yesterday; and on Monday morning will start for the interior of the state, loaded with merchandise.
HARRISBURG, April 6.
The Susquehanna is 9 feet above low water mark, and but few arks and rafts descending. on account of the cold and boisterous weather.
The late William Lehman, Esq. bequeathed to the German Society One Thousand Dollars-and to the Atheneum of this city Ten Thousand Dollars. Surely 'the liberal man deviseth liberal things.'
.A Patriarch .- A late Pittsburg paper records the death of a Mr. Samuel Neely, on the 23d ult. aged 67 years; who "had twelve sons and six daughters-thirty- three grand sons, and thirty-six grand daughters-two great-grand-sons, and one great-grand-daughter-in all ninety! and all living within eight miles of his own resi- dence."
The amount of bituminous coal lately found in Clear- field county, has induced some individuals to attempt the formation of a company for bringing it to a good mar- ket. The means proposed, is to build a rail road, or to improve the run, or both, so that the coal may reach the Pennsylvania canal. U. S. Gaz.
Quadrature of the Circle Discovered.
This theorem, which has baffled the efforts of mathe- maticians from time immemorial, has lately been dis- covered by Mr. Cleanthes Feltt, a classical and mathe- matical teacher of this city, to be as capable of a demon- stration as the first problem of Euclid. -When the dia- gram is presented to the eye, all former difficulties seem to vanish; and the demonstration, which is very simple, leaves not the least doubt on the mind. The discovery will make a new era in mathematics, and will prove no less useful to mankind, than the most impor- tant discovery that has yet been made. Nat. Gaz.
PITTSBURG, Jan. 21. Canal Navigation .- A friend has informed us that, from the 19th of November to the 20th of December last, 1360 barrels of salt passed through the Kiskemine- tas line, from the Salt Works to Dam No. 1. Also, six steam engines, 20 tons of merchandize, and a vast quan- tity of furniture passed up.
22 Steam-boats have been built in the city and vicini- ty of Pittsburg, within twelve months. Their aggregate is 4570 tons.
The rain that fell in March, as shown by the guage, kept at the Pennsyl'a Hospital, amounted to 2.87 inches.
Printed every SATURDAY MORNING by WILLIAM F. GEDDES, No. 59 Locust Street, Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subscriptions will be thankfully received. Price FIVE DOLLARS per aunnm, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.
ʻ
THE REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. III .- NO. 16. PHILADELPHIA, APRIL 18, 1829. NO. 68.
THE SUPREME COURT BENCH OF PENN- SYLVANIA -- PAST AND PRESENT.
(Extracted from the " Pennsylvanian."')
THOMAS M'KEAN was appointed Chief Justice in July, 1777. His earlier life had been devoted to the legal profession, except that his love for the new-born cause of liberty induced him to embark on the stormy ocean of politics. His name is identified with the great sacri- fices, virtues and successes of our country in the revo- lution. While, as a statesman, he was aiding her coun- cils, as a judge he was securing the wholesome opera- tion of law throughout the community. While Presi- dent of Congress, representing the state of Delaware in that body, he was officiating as Chief Justice of Penn- sylvania, discharging the duties of both stations with equal zeal, ability, and intelligence. How much our jurisprudence is indebted to his learning and firmness, let his deeds tell! On him fell the difficulty of admin- istering the law, in times of great excitement, in new channels, and under a new system. Yet he was inflex- ible and consistent in opinion, shrewd and severe in in- terpretation, and watchful, alike for the prosperity of the judiciary, and his country. While on the one hand, regardless of the power of Great Britain, he did not hesitate to hazard his own life, by causing to be pun- ished those who were proved to be traitors to their country ;* on the other, popular fervour and clamour against individuals accused of offences, could not induce him to shrink from his duty in protecting the innocent.t On the bench, the lucidity of his explanations, and the perspicuity of his language, were perfect; his dignity of manner was great, and his comprehension of mind, du- ring the most intricate trials, was unparalleled and in- imitable. All subsequent decisions in the supreme court have sanctioned his judicial fame, and even European judges yielded him their spontaneous praise. # It is the lot of greatness to excite envy. Many charges were made against him formally, and attempts were made to impeach him, but they all proved abortive, and only served to shed new lustre on his character. In 1800, he resigned the chief justiceship, and died in 1817. His biographer has said-'he outlived all the enmities which an active and conspicuous part in public affairs had, in the nature of things, created; and posterity will continue to cherish his memory as one among the most useful, able, and virtuous fathers of a mighty republic."Il Conscia mens recti, famæ mendacia ridet.
WILLIAM AUGUSTUS ATLEE and JOHN EVANS were appointed judges in 1777. They were associated with chief justice M'Kean, and, by their industry, greatly aid- ed him in the business of the bench. Few testimonials are left of the peculiar characteristics of either of these gentlemen as lawyers or judges. It is a singular fact,
that in the reported decisions of that day, such was the unanimity of the court in its decisions, that scarcely a case can be found in which the chief justice and his as- sociates delivered contrary opinions. Individuals are yet living who remember the gentlemanly manners of Atlee in private life, and the quaint and old fashioned style of Evans in all things.
JACOB RUSH was appointed judge, in place of John Evans, deceased, in 1784. His was the character of the rough diamond; unseemly in exterior, but yet of great value. His manner was plain, perhaps slightly unamia- ble as to the common courtesies of life, and his temper was impatient of contradiction and subtlety when in the exercise of his judicial functions. Yet he was a wise judge, and a good man, and the reports of his decisions in the several courts in which he sat evince no less his great learning than his accurate discrimination.
EDWARD SHIPPEN was commissioned judge in 1791. He remained an associate until 1800, when he succeeded M'Kean in the chief justiceship, in which station he continued until he resigned in 1805. His was a faithful and industrious, though not a great mind. His learning was sound, and its application correct; simplicity was the governing characteristic of his decisions. His devo- tion to his station was unwearied, and the satisfaction which hegave to the bar and the people was universal.
JASPER YEATES Was appointed judge in 1791, and remained on the bench until his decease in 1817 .- Twenty-five years of his life were spent upon the bench, the greater portion of which he was in the different cir- cuits of the state. His mind was vigorous and his opin- ions bold. Pennsylvania found in him a "good and faithful servant." His Reports, the second of the Pennsylvania series, immediately succeeding Mr. Dal- las', confer great honor upon him, both as an authorand a lawyer.
WILLIAM BRADFORD, JR. received his commission as judge in 1791, but held the appointment only until the beginning of 1794, when he accepted the office of at- torney general of the United States. That he was an eminent lawyer, many are yet living to testify, though few opportunities were afforded liim to distinguish him- self on the bench. That he was an excellent man, and a philanthropist, his exertions to obtain an amelioration of the penal code of this state, a work which added ho- nor to its character, will always fully establish.
THOMAS SMITH took his seat as judge in 1794, and continued on the bench until his death in 1809. We have very little opportunity to obtain a knowledge of his character and merits, beyond that which is afforded by his reported opinions, which are concise, nervous, and learned.
IlUGH IL. BRACKENRIDGE was commissioned judge in 1799. He was indefatigable in his studies, and constant to his duties. Although highly eccentric as a man, on the bench his mind was well regulated by precept and principle. His close attention to mercantile questions is well remembered. His "Law Miscellanies" should be read by every student, not only for their learning, but for the elevation and ingenuity of their views, and the occasional humour of their author. Ile died in 1816.
The memory of WILLIAM TILGHMAN is dear to Penn- sylvania. He was appointed chief justice in 1806, and
*Roberts and Carlisle, executed for high treason in Sept. 1778.
+Chapman's case, 1 Dal. Rep. and the Freemason's case, 1777.
#Lord Mansfield in 1791, in a letter, speaking of Dal- las' Reports of Cases in the Supreme Court of Pennsyl- vania, said-'They do credit to the court, the bar, and the reporter. They show readiness in practice, liberal- ity in principle, strong reason, and legal learning.' I Waln.
VOL. III.
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PUBLIC PRINTING.
[APRIL
filled the office until 1827, when death removed him from the scene of his usefulness. During the long time of his presidency in the Supreme Court, he was never absent from its regular sittings, except when indisposed. His fidelity and industry as a judge were conscientious, and the rules which he laid down for his conduct, in re- gard to his official station, were exemplary. He ne- ver suffered himself to embark in politics, wisely be- lieving that they were incompatible with his office. He never shrunk from the decision of any case, however momentous; and never gave an opinion without a full and patient investigation. His decisions are singular for their accuracy and plainness. Law was to him the science of justice and truth, and to strip his cases down to the naked points of difference was always his ob- ject. Yet his learning was sound, and his literary ac- complishments elegant. Greatly is the jurisprudence of Pennsylvania indebted to him! In his manner as a judge, he was kind, courteous, and dignified. The bar looked upon him as the common father of their family, and always rendered him affection and reverence. His mildness of conduct was only equalled by his firmness of opinion. His benevolence was a quality "thrice blessed;" it dropped "like the gentle dew" upon all within his sphere. As a man, he was pious and exem- plary in all things. Few men have laboured under as many domestic afflictions, and but few have borne ca- lamity as he did. Although he was "a man of sorrows, and acquainted with grief," resignation to the decrees and dependence upon the will of Providence were al- ways the guides of his conduct. His great talents and learning, as well as his excellent virtues and piety, have been fully told by two of our eminent jurists .* No one can read their productions without feeling love, res- pect, and reverence for his character. Extinctus ama- bitus idem!
THOMAS DUNCAN took his seat as an associate Judge in 1817. The recent death of this gentleman has left a strong impression of regard for his memory in a wide circle of friends. While a practising lawyer, his busi- ness was very extensive, but his application not the less severe. His peculiar attribute of character as a judge was his profundity of knowledge. He delighted in the antiquities of the law, and although not always necessa- ry for the elucidation of his subject, his opinions are fil- led with the origin and history of various branches of jurisprudence, relative to the particular subject under discussion. He had all the accomplishments of a great lawyer, and all the finish of the true gentleman.
Such was the past Supreme Court Bench; remember- ed by all with feelings of pride for its worth, and satis- faction for its usefulness. Of the present Bench, the writer will say very little. It is of departed genius, learning, and virtue, that unbiassed and honest criti- ciam freely speaks. There is a delicacy in referring to the actors upon the scene before us, which prevents impartial and unrestrained remark.
JOHN B. GIBSON, the present chief justice of Penn- sylvania, from the year 1816 officiated as an associate judge, until he was appointed to fill the vacancy caused by the death of Mr. Tilghman. Great respect is paid to his opinions by the legal profession; they are particular. ly distinguished for conciseness and point. With a very grasping mind, he generally states the plain and true question at issue, the decision, and the naked reason for it, without ornament or extensive illustration.
MOLTON C. ROGERS, CHARLES HUSTON, JOHN TOD, and FREDERICK SMITH, as associates, are recent ap- pointments, and scarce an opportunity has been afford- ed, during their official existence, to form an opinion of their general characteristics. They have all been emi- nent practising lawyers, and have filled many high and honourable offices under the state and national govern- ments. The Supreme Court is therefore likely to be well sustained in the elevated character which it has ac- quired, and to continue a faithful auxiliary to the great
cause of General Jurisprudence. May the saying of Cicero always animate its decrees! "Major hæreditas renit unicuique nostrum a jure et legibus, quam a paren- tibus!"
SENECA.
PUBLIC PRINTING.
Mr. Frick, from the committee appointed to inquire into the manner in which the public printing has been executed since the passage of the law regulating the same, made
REPORT, That after a laborious examination, and on a reference to the act of assembly, passed 22d March, 1824, regulating the public printing, they are enabled to deduce the following as the result of their labors.
The law requires that bills shall contain not less than 1200 ms in each page, exclusive of riglet spacing .- But your committee regret to say that, in this instance, the law has been departed from -the pages have been shortened about one twelfth; thereby producing the fol- lowing overcharges in the Bills of the House of Repre- sentatives.
Session 1824-25-70 pages at $1.06 74.30
1825-26-75 do. 79.62
1826-27-64 do. 67.95
1827-28-70 do. 74 30
1828-29-44 do. 46.64
Thus making an overcharge by unncessary
shortening the pages ofthe bills, amount-
$342.81
ing in the aggregate to
The price of the Journal is fixed at 20 dollars per sheet for1200 copies, and"all incidental work in the same proportion." Your committee understand "incidental work" to mean, the additional number of copies of any document or Report struck off by order of either House: and that the price allowed for such additional work, should be the same in proportion as to the number of copies and sheets, as would be twenty dollars per sheet for twelve hundred copies.
The committee are unable to ascertain from the Jour- nal, what portion of incidental work was executed du- ring the sessions 1824-25-26-27. That of1827-28 is annex- ed, with the price charged and paid for the same.
300 copies Report of Canal Commissioners 36
sheets at $19 per sheet $684
600 do. Penal code 14} do. 20 290
150 do. on-Banks 2 do. 20 40
1000 do. 3 first forms canal report 1} do. 30
Making an overcharge for the same above the prices expressly stipulated by law of $679. It is not for the committee to say, whether these excessive charges are the result of calculation to impose upon the common- wealth, or carelessness, inattention or oversight on the part of the printer-they, however, merit the serious at- tention of those who can & ought to apply the corrective.
Your committee have directed their attention to the manner in which the pamphlet laws have been executed since the passage of the law regulating the same .- These laws are directed to be printed upon long primer type, each page to contain not less than 1800ms, includ- ing marginal references, the price is fixed at $42.50 per slicet. The committee regret to say that the work has in no instance been executed in conformity to the act of 1824. The pages do not contain the number of ms re- quired. Those of 1826-27 have been printed upon a much larger type than designated by law; consequent- ly each page lacks about 500ms-and from all we are able to learn has been paid at the same price per sheet as though the page contained 1800ms.
Owing to the departure from law, the state has been a considerable looser, which we do not believe is irre- coverable, but some means ought to be devised to pre- vent the like occurrences in future.
Your committee would further observe that by the late account of S. C. Stambaugh, he has charged the House of Representatives 30 dollars for an Engraving of the New Penitentiary; but inasmuch as the Senate paid him 33 dollars for the same engraving, in justice to the commonwealth it ought to be deducted from his account,
* Binney and Duponceau's Enlogiums.
1829.]
SENATORS IN CONGRESS FROM PENNSYL- VANIA-1789 TO 1827.'
Names.
Commencem't of service.
Expiration of service.
Remarks.
William Macklay
Mar. 4, 1789
Mar. 3, 1791
Albert Gallatin
Feb.28, 1793 Feb.28, 1794 *
James Ross
April 1, 1794 Mar. 3, 1803
Samuel Maclay
Mar. 4, 1803 |Dec.13, 1808 Resigned.
do
do
do
1809
John Whitehill
do
do
do
1807
John Hoge
Nov. 27, 1804
do
1805
John Hamilton
Dec.
2, 1805
do
1807
James Kelly
do
do
do
1809
John Pugh
do
do
do
1809
Samuel Smith
do
do
do
1811
Robert Whitehill
do
do
do
1813
John Porter
Dec.
8,
1806
do
1811
John Heister
Oct. 26, 1807
do
1809
William Hoge
do
do
do
do
Robert Jenking
do
do
do
1811
William Milnor
do
do
do
do
Daniel Montgomery, jr
do
do
do
1809
Mathias Richards
do
do
do
1811
Benjamin Say
Nov. 16, 1808
do
do
William Anderson
May 22,
1809
do
1815
William Crawford
do
do
do
1817
Daniel Heister
do
do
do
1811
Aaron Lyle
do
do
do
1817
John Ross
do
do
do
1811
George Smith
do
do
do
- 1813
Adam Seybert
do
do
do
1815
Daniel Heistert
do
do
Dec.
8, 1796
Thomas Hartley+
do
do
Feb.
3, 1801
Fred'k A. Muhlenberg
do
do
March 3,
1797
do
do
do
1813
Peter Muhlenberg
do
do
do
1791
Joseph Lefevre
do
do
do
do
Thomas Scott
do
do
do
do
James Milnor
do
do
do
do
William Piper
do
do
do
1817
William Findlay
Oct. 24,
1791
do
1799
Jonathan Robertst
do
do
Nov. 29, 1814
Andrew Gregg
do
do
do
1807
William Rodman
do
do
March 3, 1813
Israel Jacobs
do
do
do
1793
Jolın W. Kittera
do
do
do
1801
Edward Crouch
do
do
do
do
James Armstrong
Dec.
2, 1793
do
1795
Hugh Glasgow
do
do
· do
1817
William Irvine
do
do
do
do
do
do
do
1815
William Montgomery
do
do
do
do
Isaac Griffin
do
do
do
1817
Peter Muhlenberg
do
do
March 3,
1795
Charles J. Ingersoll
do
do
do
1815
Thomas Scott
do
do
do
John Smilie
do
do
do
do
1799
Isaac Smith
do
do
do
1815
Albert Gallatin
do
do
do
1801
Adamson Tannehill
do
do
do
do
Samuel Maclay
do
do
do
1797
James Whitehill#
do
do
Dec. 12, 1814
Samuel Sitgreaves
do
do
do
1799
John Rea
dò
do
March 3, 1815
John Richards
do
clo
do
1797
1,
1797
William Darlington John Halm
do
co
do
do
John A. Hanna
do
do
do
1805
Joseph Heister§
do
do
Jan.
8, 1821
Blair McClenachan
do
do
do
1799
Joseph Hopkinson
do
do
do
do
Robert Waln
Dec. 4, 1798
do
1801
William Milnor
do
do
do
1817
Michael Leib **
do
do
Dec.
8.
1806
Jolın Sergeant
do
do
do
3, 1823
Peter Muhlenberg
do
do
March 3,
1801
Thomas Smith
do
do
do
1817
John Smilie
do
do
do
1813
James M. Wallace
do
do
do
1821
Henry Woods
do-
do
do
1803
John Whiteside
do
do
do
1819
John Stewart
Feb. 3,
1801
do
1805
Thomas Wilson
do
do
do
1817
Joseph Hemphill .
Dec. 7, 1801
do
1803
William Wilson
do
do
do
1819
William Hogett William Jones
do
do
March 3,
1803
William P. Maclay
Dec.
3, 1816
do
1821
Isaac Van Horne
do
do
clo
1805
+Succeeded by G. Ege, having resigned.
#Succeeded by J. Stewart, having died.
¡Succeeded by R. Waln, having resigned.
§Succeeded by J. Heister, having resigned.
** Succeeded by J. Porter, having resigned. ttSucceeded by J. Hoge, having resigned.
Names.
¡Comm't of service.| Expir'n of service.
Isaac Anderson
Oct.
17, 1803 March 3, 1807
David Bard
do
do
do
1815
Joseph Clay*
do
do
Nov. 16, 1808
Frederick Conrad
do
do
March 3, 1807
William Findlay
do
do
do
1817
John B. C. Lucas
do
do
do
1805
John Rhea
do
do
do
- 1811
Michael Leib
Dec.13, 1808 Feb.24, 1814
Jonathan Roberts
Feb.24, 1814 Mar. 3, 1821
William Findlay
Dec.10, 1821
do
1827
Robert Morris
Mar. 4, 1789 Mar. 3, 1795
William Bingham
do
1795
do
1801
Peter Muhlenburg
do
July 13, 1801 Resigned.
George Logan
July 13, 1801 Mar. 3, 1807
Andrew Gregg
Mar. 4, 1807
do
1813
Abner Lacock
do
1813
do
1819
Walter Lowrie
do
1819
do
1825
William Marks
do
1825 Willexp.Mar.] 3, 1831.
*Seat vacated by resolution of Senate, on the ground of want of citizenship for a sufficient length of time.
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