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 68
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THIRDLY. If neither of these plans should be agreed to, in Congress, but some other of a similar nature shall be framed, though on the terms of a revenue, and satis- faction to the East India Company, and though it shall be agreed by the Congress to admit no modification or qualification in the terms they shall insist on, we desire your Deputies may be instructed to concur with the oth- er Deputies in it; and we will accede to, and carry it in- to execution as far as we can.
FOURTHLY. As to the regulation of trade-we are of opinion, that by making some few amendments, the com- merce of the colonies might be settled on a firm estab- lishment, advantageous to Great Britain and them, re- quiring and subject to no future alterations, without mu- tual consent. We desire to have this point considered by the Congress; and such measures taken, as they may judge proper.
In order to obtain redress of our common grievances, we observe a general inclination among the Colonies of entering into agreements of non-importation and non- exportation. We are fully convinced that such agree- ments would withhold very large supplies from Great- Britain, and no words can describe our contempt and abhorrence of those Colonists, if any such there are, who, from a sordid and ill-judged attachment to their own immediate profit, would pursue that, to the injury of their country, in this great struggle for all the bles- wings of liberty. It would appear to us a most wasteful frugality, that would lose every important possession by too strict an attention to small things, and lose also even these at the last. For cur part, we will cheerfully make any sacrifice, when necessary, to preserve the freedom of our country. But other considerations have weight with us. We wish every mark of respect to be paid to his Majesty's administration. We have been taught from our youth to entertain tender and brotherly affec-
tions for our fellow subjects at home. The interruption of our commerce must distress great numbers of them. This we earnestly desire to avoid. We therefore re- quest, that the Deputies you shall appoint may be in- structed to exert themselves, at the Congress, to induce the members of it, to consent to make a full and pre- cise state of grievances and a decent yet firm claim of redress, and to wait the event, before any other step is taken. It is our opinion, that persons should be ap- pointed and sent home to present this state and claim, at the court of Great Britain.
If the Congress shall choose to form agreements of non-importation and non-exportation immediately, we desire the Deputies from this province will endeavor to have them so formed as to be binding upon all, and that they may be PERMANENT, should the public interest re- quire it. They cannot be efficacious, unless they can be permanent; and it appears to us that there will be a dan- ger of their being infringed, if they are not formed with great caution and deliberation. We have determined in the present situation of public affairs to consent to a stoppage of our commerce with Great Britain only; but in case any proceedings of the Parliament, of which no- tice shall be received on this continent, before or at the Congress, shall render it necessary, in the opinion of the Congress to take further steps, the inhabitants of this. province, will adopt such steps, and do all in their pow- er to carry them into execution.
This extensive power we commit to the Congress, for the sake of preserving that unanimity of counsel and conduct, that alone can work out the salvation of these Colonies, with a strong hope and trust that they will not draw this province into any measures judged by us, who must be better acquainted with its state than strangers, highly inexpedient. Of this kind, we know any other stoppage of trade, but of that with Great Britain will be. Even this step we should be extremely afflicted to see taken by the Congress, before the other mode above pointed out is tried. But should it be taken, we appre- hend, that a plan of restrictions may be so framed, agree- able to the respective circumstances of the several col- onies, asto render Great Britain sensible of the impru- dence of her Counsels, and yet leave them a necessary commerce. And here it may not be improper to take notice, that if redress of our grievances cannot be whol- ly obtained, the extent or continuance of our restrictions may, in some sort, be proportioned to the rights we are contending for, and the degree of relief afforded us; This mode will render our opposition as perpetual as our oppression, and will be A CONTINUAL CLAIM AND ASSER- TION OF OUR RIGHTS. We cannot express the anxiety, with which we wish the consideration of these points to be recommended to you. We are persuaded, that if these colonies fail of unanimity or prudence in forming their resolutions, or of fidelity in observing them, the opposition by non-importation and non-exportation a- greements will be ineffectual; and then we shall have only the alternative of a more dangerous contention, or of a tame submission.
Upon the whole, we shall repose the highest confi- dence in the wisdom and integrity of the ensuing Con- gress: And though we have, for the satisfaction of the good people of this province, who have chosen us for this express purpose, offered to you such instructions, as have appeared expedient to us, yet it is not our mean- ing, that by these or by any you may think proper to give them, the Deputies appointed by you should be re- strained from agreeing to any measures, that shall be ap- proved by the Congress. We should be glad the Dep- uties chosen by you could, by their influence, procure our opinions hereby communicated to you to be as near- ly adhered to, as may be possible: But to avoid difficul- ties, we desire that they may be instructed by you, to agree to any measures that shall be approved by the Congress; the inhabitants of this province having resol- ved to adopt and carry them into execution. Lastly- We desire the deputies from this province, may endes-
248
METEOROLOGICAL REGISTER.
[APRIL
vor to procure an adjournment of the Congress, to such a day as they shall judge proper, and the appointment of a standing Committee.
Agreed, that John Dickinson, Joseph Read, and Charles Thomson, be a Committee to write to the neighbouring Colonies, and communicate to them the resolves and instructions.
Agreed, that the Committee for the city and county of Philadelphia, or any fifteen of them, be a Committee of Correspondence for the general Committee of this province.
Extract from the Minutes. CHARLES THOMSON, Clk. of the Com. [Penn. Packet.
Extract of a letter from Philadelphia, dated July 10, 1775, from a gentleman of consideration and for- tune.
"Travel through whatever part of this country you will, you see the inhabitants training, making fire-locks, casting mortars, shells and shot, and making salt petre, in order to keep the gunpowder mills at work during the next autumn and summer. Nothing indeed, is attend- ed to but preparing to make a defence that will aston- ish the whole world, and hurl destruction on those who to preserve themselves in office, have advised mea- sures so fatal both to Britain and. America. At least two hundred thousand men are now in arms, and well trained, and ready to march, whenever wanted, to the support of American freedom and property. In short, a spirit of enthusiasm for war is gone forth, that has driv- en away the fear of death: and magazines of provisions and ammunition by order of the States general of Amer- ica, (or the twelve United Colonies,) are directed to be made in all proper places against the next campaign." Penns. Mercury.
METEOROLOGICAL REGISTER. MARCH, 1829 .-- KEPT IN CHILISQUAQUE.
Barometer.
ThermometerAtmosp. Variations.
9
12
3
9
112
3
A. M.
P. M.
2
29 7
29
6
29 6
29 5
39
43
50
Cloudy
Cloudy
29 3
29
2
29 0
38
42
.40
Rain
Rain
29
3
29 4
29
7
29 7
26
36
39
Clear
Cloudy
29
5
29 5
29
6
29
45
55
Sunshine
Clear
10 29
5
29 5
29
5
37
45
53
Clear
Clear
11.
29
4
29 4
28 8
28 8
40
48
49
Rain
Cloudy
13
29
1
29 1
29
31
34
34
Sunshine Sunshine
Sunshn.
15
29 3
29 3
29 3
31
32
33
Hail Snow
Rain
17
29
4
29
5
29 5
25
29
39
Cloudy
Sunshn.
19
29 5
29
5
29 4
25
31
31
Sunshine
Cloudy
20
29
3
29 4
29 4
30
38
33
Snow.
Cloudy
21
29 4
29 4
29 4
24
34
35
Sunshine
Cloudy
22
23,29 1.
29 1
29
1
28
40
34
Sunshine
Cloudy
24
29
2
29 2
29
2
32
38
41
Clear
Clear
25
29 5
29 5
29 5
30
40
50
Clear
Clear
26
29 6
29 6
29
6
30
44
50
Clear
Clear
27
29 7
29 7
29 7
36
51
66
Clear
Clear-
28
29 7
29 7
29 6
39
47
55
Clear
Clear
29
30 29 3
29 2
29 2
47
57
54
Cloudy
Cloudy
31 29 3129 3 29 3
43
54
Clear
States Adv.
METEOROLOGICAL REGISTER.
Taken at the State Capitol at Harrisburg, -BY WILLIAM MUSGRAVE, Librarian.
FEBRUARY 1829.
Thermometer.
Barometer.
Days of the Month.
Wind.
Days of the Month.
Weather.
Max. 8th 40°
Max. 3d 29.673 25
1 d. NE 1 15
2 ds. cl'y no rn.
Min. 12th 16.2-3 Min. 26th 28.70 1 2 8 10 24
5
E 3 7 9 13 17 23 27 28
8 clear no clouds
Diff. ex. 23 } Diff. ex. . 97 3 3 4 5 9 13 14 15 17 18 19 15
W 45
2 foggy very cld
Mean ex. 28.1-6 Mean ex 29.183 6 11 12 16 27 28 [20 21 6 NW 2 20 24
3 cl'y heavy sno.
Mean temperature from three 7
[22 23 26 1
S 6 10 11 12 14 16 19 21 22 9 pt clear pt cly: 8 25 26
13 rain.
On the morning of the 5th the lowest state of the Thermometer 4º above Zero. The noon of the 8th the high- est in the month, Thermometer at 43º above Zero. Range in the month, 39º. The 12th, the coldest day, mean- temperature 16°}. The difference of temperature, between the mornings and noons, varied from 7º to 24º.
There have been but 3 days, meantemperature, in the month, above the freezing point.
The highest state of the Barometer in the month 29.77 The lowest, 28.70.
The wind has been 21 days, out of 28 in the month, west of the meridian.
The highest winds were on the 12, 13, 14, and 26th. The 13th and 14th, stormy. There has been snow on 2, 5, 20 and 24th. The greatest fall on the 20th. There was rain on the 8, 25 and 26th. The heaviest rain on the 25th.
The general aspect of the month, has been cold and stormy, with more cloudy, than, clear days. -
This month has been 14º colder, mean temperature, than February 1828, and nearly 2º colder, than last January.
MARCH.
Thermometer.
Barometer.
Days of the Month.
Wind.
Days of the Month.
Weather.
Max. 31st 54 }
Max. 3d 29.7037 9
2 ds. N 3 9 10 14 15 18 24 25 26 27 28 12 days clear.
Min. 19th 29.
Min. 12th28.805 5 12 16 19
4. E 1 2 67 11 13 21 23 29
[31 9 pt clear pt cly
Diff.of ex. 25 3
Diff. ofex .904 11
1 SE4
1 cloudy no rain
Mean ex. 41 ₺ Mean ex. 29.25 4 8
2 S 8 19 20 22 30*
5p cl'y, p r.or s.
10 29
2 SW 5 16 17
3 rain & snow
Mean temperature from three 2 3 6 13 14 15 17 18
8 W 12
I heavy rn. with
daily observations.
1 20 21 22 23 24 25 26 27 28 30 31
12 NW peared
.
4
29 5
29
39
50
Cloudy
Clear
29 3
29 5
29
5
29 5
34
36
44
Cloudy
Clear
29
7
29 4
29 4
29
4
14
16
29 2
29 2
29 2
33
35
32
Cloudy
18
Sunshine
Cloudy
12
28 8
29 3
36
4.8
50
Clear
Clear
26
50
45
Days HOMOLOGO 3 4 5 6 8 7 9
29
daily observations.
Range in the month, 1.05.
-
* Martin Swallow has ap- thunder & I'gtn.
Cloudy
1829.]
NICHOLSON'S CASE.
249
The morning of the 14th, the lowest state of the Thermometer in the month 18° above Zero. The noon of the 29th the highest Thermometer 65° above Zero. Range of the month, 47.º The 19th, was the coldest day, mean temperature 29.º The warmest was the 31, M. T. 54°}. The difference between the mornings and noons, varied from 5° to 15°.
There have been but 6 days in the month, M. T. below the freezing point.
The highest state of the Barometer during the month was on the 7th 29 75. The lowest was on the 12th, 28.75. Range in the month, 1.00.
The wind has been 24 days out of the 31, west of the meridian. The highest winds were on 1, 6, 13, 14, 17, 18, 24, 25th, the 14, 15, and 18th, stormy. It is to be noted, that all those high stormy winds were from the west side of the Meridian.
There was snow on the 6, 8, 17, 19, 20, 22; greatest fall on 22d. There was rain on 5, 12, 16, 30; heaviest on 12th, with thunder and lightning.
RECAPITULATION .- There have been 12 days in this month clear, not a cloud to be seen; 9 days part clear and part cloudy; 1 day cloudy, no rain; 5 days part cloudy, part rain and snow; 3 rain and snow; ] heavy rain with lightning and thunder. This month was cold- er 8° than March, 1828, and 13º warmer than last Feb- ruary.
River open on 6th, after being closed since 21st ult. THE CASE OF JOHN NICHOLSON.
John Nicholson was comptroller of the state of Penn- sylvania from 1782 to 1794, during which period more than twenty seven millions of dollars of public money passed through his hands, under circumstances of pecu- liar complication and difficulty, arising from the then state of paper money and government credit.
He became the object of political persecution, and re- signed his office. His private transactions were very ex- tensive. At this period he was the owner of about three millions seven hundred thousand acres of land in Penn- sylvania, besides large possessions, real and personal, elsewhere. To meet his various pecuniary engagements for these lands, he formed joint stock companies, to which he conveyed a large portion of them. The af- fairs of John Nicholson became embarrassed ;- he was committed to prison, and died in confinement and in- sane, during the year 1800. So early as the 17th and 18th of March, 1797, deeds had been made to the Penn- sylvania Land Company; and individual creditors had obtained judgments against him.
The commonwealth had commenced a suit for the balance of a particular stock account, which action was pending and proceeded upon, until the 21st March, 1797, when a judgment was obtained for $110,390 89, payable in certain certificates of depreciated value, and subject to an agreement for future adjustment. This judgment was subsequent to the above mentioned con- veyances, and to judgments held by individuals to a large amount. After the judgment thus obtained in her favour, the commonwealth, in order to supersede the prior deeds, both to the companies and to individuals, had recourse to an alleged lien, then for the first time stated to exist, and to have bound the real estate of John Nicholson throughout the state, since March, 1796.
This lien, in itself wholly unsupported either by fact or law-the settlement never having been entered on the books of the proper officers-purporting to be only for one out of several different accounts, on which large ba- lances appear in favour of Nicholson, not having been laid before the Governor, by which means alone the party could appeal and obtain a trial by jury-existing only on loose papers found in the office-this lien they enforced by laws which empowered commissioners to seize the lands of John Nicholson-to take possession of his papers-to dispose of the property at their pleasure -- to delegate that power to others, and to exercise eve- VOL. III. 32
ry act of ownership over it. In pursuance of these acts, which were in effect a confiscation of his property, the commissioners proceeded, without any judicial process whatever, first, to take possession of all the private pa- pers of John Nicholson, which are still in the public of- fice; and then to dispose of his lands by sale and com- promise, to the amount of near two millions of acres, which produced only $105,000 to the state: all which acts are evidently unconstitutionaland void, and no good title can be claimed by any of the purchasers under them. The heirs or vendees of Nicholson must succeed in the suits they have instituted in the courts of the United States for their recovery; and the state mus make good to their vendees the enhanced value of the lands, now amounting to several millions of dollars; to avoid which it is proposed by an amicable arrangement, for a comparatively small sum, to confirm all the sales and releases made by the state, and thus quiet the titles of thousands, who have purchased 375,000 acres in the western counties, 1,175,000 acres in the upper coun- ties, and 500,000 acres in the lower counties of the state.
To leave the titles of this immense quantity of lands unsettled, must lead to consequences the most injurious to the state,-consequences not confined even to this extent of land, great as it is; because the existence of this claim will naturally create distrust in purchasers, and uncertainty in possessors of other lands; will discourage improvements, render the collection of taxes difficult, subject individuals to the expense and trouble of long litigation, and the state to the accumulated demands it will occasion for a number of years.
All this, the undersigned, counsel for the claimants, earnestly wish, and have thought it a duty to place with- in the power of the state, to avoid. Should it be deem- ed inexpedient however to enter into any arrangement at this time, they hold it a duty also candidly to declare, that if those whom they represent are obliged to prose- cute the suits they have now ready for trial, and the re- sult should be (as the undersigned have no hesitation in giving their professional opinion* it must be,) in their favor, it will no longer remain in their power to make or accept any propositions for a compromise.
EDW. LIVINGSTON, C. J. INGERSOLL, BENJ. TILGHMAN.
*To show that this opinion, thus decidedly expres- sed, is neither produced by any professional bias in fa- vor of clients, nor is of a modern date, the consultation made twenty-two years ago, by two of the most emi- nent counsel of the state, is submitted. One of these gentlemen is now alive, venerable for his years, and respected for his character; the other has long been lost to a profession of which he was the ornament while he lived, and whose opinions are now received with a rev- erence approaching the force of law. This consultation is decisive on the irregularity of the proceedings to create the lien, and the unconstitutionality of those for disposing of the lands.
The following are the Counties in which the lands are situated-
Allegheny,
Berks, Schuylkill,
Chester, Montgomery,
Crawford,
Columbia,
Lancaster,
Mercer,
Lycoming,
Dauphin,
M'Kean,
Centre,
Lebanon,
Potter,
Clearfield,
Luzerne,
Tioga, Bradford,
Jefferson,
York, Cumberland,
Susquehanna,
Armstrong,
Franklin,
Wayne, Pike,
Northumberla'd
Huntingdon,
Northampton,
Bedford,
Cambria,
Lehigh,
Philadelphia,
Indiana.
Many of the purchasers were in Philadelphia, Lancas- ter and Pittsburg.
Penn. Rep.
Butler,
Venango,
Westmoreland,
Perry,
250
CORRESPONDENCE-HOUSE OF REFUGE.
[ATRIL
CORRESPONDENCE -- HOUSE OF REFUGE.
My Dear Sir-The House of Refuge could not fail to receive ample contributions from the public, were it possible to extend generally the same strong conviction of its great utility and importance which is hourly con- firmed in those who are practically engaged in adminis- tering the criminal law.
Vicious propensities are imbibed at a very early age by children, in the crowded population of a city. Pa- rents, whose extreme poverty, casual calamity, or mo- ral turpitude, induces a neglect of their offspring, ex- pose them at once to be caught up by the profligate and knavish, to be made unsuspected agents in the commis- sion of offences, and to be trained into habits of idleness. cunning, and predatory vagrancy. A boy, nine, ten or twelve years old, cannot range uncontrolled through the streets for a week, without forming dangerous as- sociations, or without being entrapped by some vete- ran rogue, who conscious of his own notoriety, eagerly enlists, with affected kindness or exaggerated menace, an unknown instrument for his purposes. Children, too, accomplish petty thefts with ease, and with frequent impunity: they pass unnoticed by the busy, or, if de- tected, are treated with indulgence. Success gradually emboldens; they become proud of their skill, form com- binations among themselves, and grow ambitious to surpass each other in their daily contributions to the hoard of a common guide and pretended protector.
When such delinquents are liable to be treated, when punished, in the same manner as older and hardened ones, it is almost impossible to arrest their progress in depravity and mischief. Most men shrink, with repug- nance, from harshness to youth. The prospect of ma- king them convicted felons is repulsive; and thousands have been permitted to continue unmolested, in prefer- ence to hurrying them to the fatal Penitentiary, whence they cannot emerge without being essentially worse in principle and feeling, and utterly infamous in character. Thus our most natural sensibilities become panders to public wrong, and contribute to keep up the juvenile gangs so necessary to the schemes of old culprits.
The House of Refuge is the most efficacious remedy as yet devised for these disorders. It rescues children from the otherwise inevitable results of early abandon- ment and their own inherent weakness; and by the same process, it deprives the veteran in iniquity of the tools of his trade. Our citizens no longer besitate in seizing the juvenile offender, knowing and feeling that by so doing, they in effect snatch the brand from the burning. to place it where it must be safely tempered and refi- ned. The magistracy, too, experience inconceivable relief, by being empowered to reconcile the necessities of social order and the precautions of the understand- ing, with the best impulses of the heart.
Your institution is as yet so newly established, that it would be unsafe positively to assert great benefit to have been already attained. I cannot, however, avoid expressing the opinion that much good is even now dis- cernable. The Courts of criminal jurisdiction which convene in this city-the Oyer and Terminer, the Quar- ter Sessions, and the Mayor's Court-have, within the last five months, fallen far short in the number of offen- ders usually arraigned before them; and it could not but gratify as well the officers of justice as the public, to observe that no white children, and but few of any co- lors, appeared at the bars. A portion of these effects may be accidental and temporary; but I know also a large portion of them to be caused directly by the House of Refuge, and they are undoubtedly its just and legit- imate consequences. When aware, indeed, from re- peated observation, how essential in the perpetration of crime are the juvenile agents-how dependent the brand- ed veterans are upon their unscathed pupils and pup- pets-I cannot easily exaggerate the remedial operation of your society.
It is much to be regretted that the managers have not
been able to receive coloured delinquents: an inability, I trust, a liberal public will not allow to continue long. The proportion of blacks over the whites, in the courts during the period to which I have adverted, was unusu- ally large. Could your accommodations be extended as far as is designed, many most fit objects from this un- fortunate class would be sent to you, and the acknowl- edged improvement in our moral condition proceed with additional rapidity.
I am, dear sir, very truly your friend and servant,
G. M. DALLAS.
JAMES J. BARCLAY, Esq. Secretary of the Board of Directors 2 of the House of Refuge.
Philadelphia, March 29, 1829.
Dear Sir,-In compliance with your request, and as Prosecuting Attorney for the Mayor's Court of this city, I cheerfully communicate to you the fact of the diminution in that Court of prosecutions against chil- dren since the establishment of the House of Refuge.
All men whose business has led them often to our criminal courts, have too long seen there the frequent spectacle of children brought from prison and arraigned for offences, which, though sure to be proved, the court, from the infant size and infant years of the cul- prit, forbore to convict them of. The law forgave and released them, and humanity led them to some home in the charitable hope of their reformation. Yet, some- times, even by the sitting of the next court, these young offenders were seen again arraigned for similar and re- peated crimes. For two years since the last autumn, to which the present observation refers, the instances exhibited in the Mayor's Court of such prosecutions were frequent and almost surprising. During each re- cess of the court, several of these pitiable children were discharged; and at each of its sessions they were seen in groupes, or along with men, jointly charged with crime. When recognised and deemed incorrigi- ble, they were convicted and sent to the common jail, there of course to be schooled and matured in vice- whilst the wish for some other and better place to send them was always felt and publickly expressed-
I am happy, however, to state, that at the last De- cember session of the court, this evil was perceptibly abated. There was then but one instance of such criminality among the prisoners; and his youth suggest- ing for him the interposition of the court, he was sent by its judgment to the House of Refuge, then recently established. During the late (March) session of the Court, not one occasion was presented for a similar in- terposition. It is not asserted that children have cea- sed to commit crimes, but from what I have stated, it may fairly be inferred that the power lately given to, and exercised by magistrates, to send youthful delin- quents in early states of prosecution to the House of Refuge, has caused their manifest decrease in our pri- sons and our courts.
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