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 77
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In this arrangement a town might be laid out as ex- tensive as should ever be necessary, the basin being lo- cated in a wide bottom, near the margin of a hill gently rising to the northwest.
And although there is good reason to believe, that a sufficient supply of water might at all times be furnislı- ed, for all the purposes of the canal, from the Bedford and Cove branches united; yet in order to obtain the Cove branch, considerable expense would be incurred, be- sides the private damages to mill owners, to the amount of four or five thousand dollars, and perhaps more, by diverting the course of that stream. About seven miles of canal and twenty six feet of lockage, would also be necessary between the proposed basin at Frankstown and the Cove basin.
A very convenient location for a basin and feeder lias been made on the Juniata, at the mouth of poplar run, and handsomley connected with the rail road line which passes through Newry. This would require an exten- sion of the canal of four miles, and about 40 feet of lock- age, between Frankstown and the basin at the mouth of Poplar run.
The Cove and Bedford branches unite about half a mile above this proposed basin, where the water can be taken by a dam about four feet high, and conveyed to the head of the basin at a very moderate expense, the distance being but 25 chains, and without doing the least injury to private property. With respect to expense, the basin at the mouth of Poplar run has decidedly the advantage over that at the Cove; and in all other res- pects, may be considered as equally well situated for commercial intercourse, and for a populous town.
Such are the different locations for the union of the rail road and canal, on the Juniata, which I have thought proper to recommend for the consideration of the board.
With due respect, however, to the opinion of others, I would recommend a location for a basin which is situ- ated one mile down the Juniata from the above mention- ed, and adjoining Frankstown. This location presents On the west of the mountain, no point or place for terminating the rail road or canal, has been agreed upon with as much certainty as the public interest requires. Agreeable to the intention of the legislature, to extend the canal on the Juniata and Conemaugh, as high as the supply of water is sufficient, the acting canal commis- sioner required the engineers of the western division of the canal, to ascertain and recommend such place of terminating the canal on the Conemaugh; which has been attended to, and a report made thereon, agreeably to the said requirments, and the views of the legislature. ground very favourable for a spacious basin, which may be extended up from Frankstown, about half a mile at a moderate expense, and as the turnpike road is per- fectly straight for that distance, the basin proposed is laid parallel there to, and 100 feet from it, and 100 fect wide at the water surface. The ground adjoining the basin and turnpike road, will afford space sufficient for a convenient and extensive town; and besides the more local advantages to be derived by a respectable neigh- boring population; its being situated on one of the most public turnpike roads in the state, and likewise at a But after duly considering the embarrassing and un- point where several other leading roads diverge in dif- certain nature of the circumstances and evidences, un-
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der which that estimate of water was made, my duty re- quires me to explain my views on that subject more ful- ly at this time, to the board. According to the requisi- tion of the acting canal commissioner, an estimate was made of the waters running in the Conemaugh at John- stown, on the 16th of October, 1828, and found to be more than 40 cubic ft per second; and from the best in- formation received at the time, it had not been much lower through the season, except for a few days. But from the uncertainty of the case, allow a severe drought to reduce the quantity to 20 or 25 cubic feet per sec- ond, and that one third of this last quantity is from the south fork, (which is about the quantity found in it by Gen. Lacock by actual measurement, during a very dry time) there would then be running where the Ebens- burg and Munster branches commonly called the North Branch, unites with the Conemaugh 53 miles above the south fork, at the rate of 15 cubic feet per second, without any preconcerted reservoirs, more than the nat- ural bed of the stream. In order to make the most eco- nomical use of water, admit locks of five feet lift to be constructed, and allow the greatest press of business to require six boats to pass up and down, requiring four locks of water every hour, at this rate 144 boats requir- ing 96 locks of water, would pass every 24 hours, which being computed. thus; 5 M 15 M 90 } 96 gives 648,000 cubic feet, the quantity contained in 96 locks, which being divided by the number of seconds in 24 hours, viz: 24 M 60 × 60=86,400, the quotient is 73 cubic ft of water per second which would be necessary to pass 144 boats per day, which during the drought of summer, would probably never happen as at that season, a recess in canal navigation commonly occurs. The remaining 73 cubic feet, and allow 73 cubic feet per second from the same fork, making 15 cubic feet per second, which would supply a loss by soakage and evaporation, at the rate of 50cubic ft. per minute per mile, on 18ns. of canal. This supply would be the more ample, as the loss by leakage would be returned to the canal by means of sev- eral dams,composing a part of the canal itself in the above distance, which extends some distance below the junc- tion of Stony creek, and where a feeder would be taken to supply the canal below Johnstown.
Considering the great extent of surface drained by these three branches of the Conemaugh, it is reasonable to state, that a very considerable supply, in addition to the above, might be obtained, if necessary, from suitable reservoirs formed on each of those branches to be drawn in seasons of drought, and which would form valuable sites for manufacturing purposes. From these views of the subject, there is reason to believe, until facts can be better ascertained, that a sufficient supply of water, for all the purposes of a canal, may at all seasons be relied upon as far up as the junction of the North Branch.
The situation is pleasant and healthy, and for several miles above and below, the hills have considerably sub- sided, and are partially cultivated, as well as a fine wide bottom of alluvial land, which extends about three miles above and below the mouth of the North Branch, and is principally along the west side of the river, which, for the above distance, flows in a gentle current of less than ten feet to the mile.
A spacious basin might be conveniently located at a suitable distance below the North Branch, and by a low dam across the river just below the junction, the waters of the united branches might be brought by a short feed- er through the basin into the canal.
The ground adjoining is suitable for a convenient and extensive town, and roads lead off to Ebensburg and Munster, and in other directions.
Such a situation for the junction of the rail road and canal, would in all probability, soon become very inter- esting to the adjacent country.
Should this place as a termination be adopted, about 16 miles of canal, and 380ft. of lockage, would be neces- sary, to continue the navigation from Johnstown to the North Branch.
The location of the rail road extends to Johnstown, where a suitable basin can be made to connect to the canal. The site of the town is perfectly healthy, and is in every respect, well situated to accommodate the country, as roads lead from it in different directions, yet the reasons above stated have been considered of suf- ficient importance, both in public and private point of view, to require a great degree of prudence in deter- mining upon a final location. And that this subject, together with an account of all the graduations, surveys, locations, estimates aud relative opinions which have been made on the various routes, at the present critical stage of business, should be as fully communicated as the nature of the case would admit, and submitted to the board, to enable them to report thereon, as the merit of the different routes and the public good may require.
The following is a statement of the distances, grades and decents of the several routes, for a rail road, which have been explored and located from Bob's creek sum- mit, and from Sugar run summit east to the Juniata.
First route, from Bob's creek summit along the north- erly side of Poplar run, to the proposed basin above Frankstown, beginning at the Cucumber bench on the summit.
Thence to No. 400, distance 15 miles at 1º or 92 feet per mile, descent 1380
Thence to No. 433, distance 1 mile 20ch at 64
feet per mile to Newry 80
Thence to No. 524, distance 14 miles 58 ch at
24 feet per mile old basin 113.40
Thence to No.554 distance 1 mile 1ch at 17 6-10 feet per mile to proposed basin 17.90
Length of this route 21m. 79ch. Total dect.1591.30
The summit on this route is favourable ground, which continues for some distance along the east side of the mountain; the line passes some steep ground and seve- ral cultivated farms,and in about five miles the line turns more east, and follows the southerly, side and near the top of the ridge which in some parts is quite steep, in others more broad and cultivated, and extends to New- ry in 114 miles, where a lighter grade is pursued along the southerly side of Chinney ridge 2 miles to the Ju- niata, and thence along the margin of the river and bot- tom land, mostly cleared, 4 miles to the proposed basin, near Frankstown. This line has a favourable exposure facing to the south and east. It is moderately stony, and the mountainous part has some rock. A branch of this route leads from Newry to the mouth of Poplar run, where a convenient location for a basin and feeder is made near the Juniata.
Distance to Newry on the above route 16 ms. 20 chs, descent to Newry 1,460
Distance to proposed basin at Poplar run 1 m.
76 chains grade 48 feet per mile 92
Length of this route to basin 18 m. 16 chs. Descent to basin, ft. 1,552
Second route, from Bob's creek summit, by the south side of Blue Knob, beginning at the Cucumber bench on the summit.
Thence to No. 438, distance 16 miles 34 ch, at 1º or 92 ft per mile, descent 1,511.10
Thence to the head of the
proposed basin 12 ch. dect. 4.07
Length of this route 16 miles 46 ch. dect. 1515.17
On this route in about 23 miles the line crosses the summit between the waters of the North and South Poplar runs, and in two miles further crossing the farm of Mr. Ivory, reaches the side of Blue Knob. Thus far the ground is very favourable. then turning more to the right, the line follows the side of the mountain which in some parts is very steep and rocky. Passing round the mountain, the ground becomes more favourable, though a very crooked line is traced by running a regular grade. In about 11 miles the grade follows a ridge which
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leads in a direction towards the Juniata. The line is very crooked and the cross section of the ground pret- ty steep to within about 2 miles of the termination, when it becomes more favourable, and has less ravines. This line terminates at a proposed basin located on a handsome situation for a town, adjoining the road fron Newry to the iron works on the Cove-branch. This is as short a line as a grade of one degree will admit, as the graduation of one degree terminates only 12 chains from the head of the proposeil basin. Although this line has a great share of rocky steep ground, and has many short turnings, it might be made a firm dry road, as it has, through its whole distance, a favourable south- ern and eastern exposure ..
These two routes from the Juniata to Bob's creek gap, lead through a part of the country at present quite re- inote from the great western turnpikes, being situated nearly between them, and on this account the rail road would add immensely to the interests and accommoda- tions, of a respectable population, and probably the road itself would receive a greater amount of business, and be thereby more beneficial to the state, by being thus remotely situated from other great roads.
[ To be concluded next week. ]
NEW PENAL CODE.
We have received, and now publish, the law lately passed, regulating the punishment of criminals in the new penitentiary, upon the plan of solitary confinement. and labour. Thus an opportunity will be afforded of testing the efficacy of the proposed system-the result of which, may prove of immense importance to the state and to the world.
A further supplement to an act entitled An act to re- form the penal laws of this commonwealth.
SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the au- thority of the same, That every person who shall be con- victed in any court in the western district, of any of the .crimes hereafter mentioned, committed after the first day of July next, shall instead of the penitentiary pun- ishments heretofore prescribed, be sentenced by the proper court to suffer punishment by separate or solitary confinement at labor, in the manner, and for the times hereinafter prescribed, in the state penitentiary for the · western district in the county of Allegheny, and for that purpose to be removed to the state penitentiary at the expense of the state.
SEC'T 2. And be it further enacted by the authority aforesaid, That from and after the first day of July next, every person who shall be convicted in any court in the eastern district, of any of the following crimes, viz: mur- der in the second degree, manslaughter, high treason, arson, rape, sodomy or buggery, burglary, forgery, pas- sing counterfeit money, robbery, kidnapping, mayhem, horse stealing, and perjury, committed after the first day of July next, shall, instead of the penitentiary punish- ment heretofore prescribed, be sentenced by the pro- per court to suffer punishment by separate or solitary confinement at labour, in the manner, and for the time and times hereinafter prescribed, in the state penitentia- ry for the eastern district in the county of Philadelphia; and for that purpose to be removed to the said peniten- tiary at the expense of the state.
SECT. 3. And be it further enacted by the authority aforesaid, That from and after the first day of July next, all and every person adjudged to suffer separate or sol- itary confinement at labour in the eastern or western penitentiaries, shall be kept singly and separately at la- bour, in the cells or work yards of said prisons; and be sustained upon wholesome food, of a coarse quality, suf- ficient for the healthful support of life; and be furnish- ed with clothing suited to their situation, at the discre- tion of the inspectors of said prisons. That during the
confinement of such prisoners, no access shall be had to them by any person or persons, except the inspectors and officers of the institution hereinafter mentioned, the grand juries of the cities of Philadelphia and Pittsburg, and the countics of Allegheny and Philadelphia, and the official visiters hereinafter named, and such other per- sons as may be permitted for highly urgent reasons by any rule or regulation of the board of inspectors.
SECT. 4. And be it further enacted by the authority afurcsaid, That instead of the penitentiary punishment heretofore prescribed, the punishment by solitary con- finement at labour shall be inflicted upon the several of- fenders who shall after the first day of July next, commit, and be legally convicted of, any of the offences herein- after enumerated and specified, that is to say
MURDER.
Every person convicted of murder in the second de- gree, shall be sentenced to undergo imprisonment in one of the state penitentiaries, as the case may be, and to be kept in separate or solitary confinement at labor; for the first offence, for a period not less than four nor more than twelve years; and for the second offence, for the period of his natural life; and be fed, clothed, and treated, as is provided in this act.
MANSLAUGHTER.
Every person duly convicted of voluntary manslaugh- ter, shall be sentenced to undergo a similar confinement at labour; for the first offence, for a period not less than two nor more than six years; for the second offence, for a period of not less than six nor more than twelve years; under the same conditions as are expressed in the first clause of this section, and to give security on conviction, either for the first or second offence, for good behaviour during life, or for any less time according to the nature and enormity of the offence.
HIGH TREASON.
Every person duly convicted of the crime of high treason, shall be sentenced to undergo a similar confine- ment at labour; for the first offence, for a period not less than three nor more than six years; for the second offence, for a period of not exceeding ten years-under the same conditions as are expressed in the first clause of this section.
ARSON.
Every person duly convicted of the crime of mali- ciously and voluntarily burning the dwelling house, or any other house, barn, or stable adjoining thereto, or any barn or out-house having hay or grain therein, al- though the same shall not be adjoining to such dwel- ling house, or of having wilfully and maliciously set fire to any barrack rick or stack of hay, grain, or bark, with intent to destroy the same, belonging to any other persons, or of maliciously and voluntarily burning any of the public buildings in the city of Philadelphia, or the .public buildings at Harrisburg, or of any of the cities or counties in the state, or any church meeting house or other building for public worship, or any college, aca- démy, school-house, or library, or as being accessary thereto, shall be sentenced to undergo a similar con- finement at labour, for a period of not less than one nor more than ten years for the first offence, and not more than fifteen years for the second offence-under the same conditions as are herein expressed in the first clause of this section.
RAPE.
Every person duly convicted of the crime of rape, or as being accessary thereto before the fact, shall be sen- tenced to undergo a similar confinement at labour; for the first offence, for a period not less than two nor more than twelve years, and for the second offence, for and during the period of his natural life-under the same conditions as are herein before expressed.
BURGLARY.
- Every person duly convicted of burglary, or as acces- sary thereto before the fact, shall be sentenced to un- dergo a similar confinement at labour, and under the conditions herein before stated; for the first offence, for
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a period not less than two nor more than ten years, and for the second offence a period not exceeding 15 years. SODOMY.
Every person duly convicted of sodomy or buggery, or as accessary thereto before the fact, shall be senten- ced to undergo a similar confinement at labour; for the first offence, for a period of not less than one nor more than five years, and for the second offence, not exceed- ing ten years-under the same conditions as are herein before expressed.
FORGERY.
Every person duly convicted of having falsely forged and counterfeited any gold or silver coin which now is, or hereafter shall be, passing or in circulation within this state, or having falsely uttered, paid, or tendered in payment, any such counterfeit and forged coin, know- ing the same to be forged and counterfeit; or having'aid- ed, abetted, or commanded the perpetration of either of the said crimes, or of having falsely made, forged, or counterfeited, or caused or procured to be falsely made, forged or counterfeited, or of having willingly aided oras- sisted in falsely making, forging, or counterfeiting any bill or note in imitation of, or purporting to be a bill or note issued by order of the president, directors, and compa- ny, of the bank of the U. States, or of any of the banks within this commonwealth, incorporated in pursuance of any act or acts of the general assembly, or by any or ei- ther of the said banks, or any order or check on any of the said banks or corporations, or any cashier of either of the said banks, or of having falsely altered, or caused or procured to be falsely altered, or willingly aided or assisted in falsely altering any bill or note issued by any or either of the said banks, or by order of the president, directors, and company of either of the said banks, or any order or check on any of the said banks or corpora- tions, or cashiers of either or any of the said banks, or of having passed, uttered, or published, or attempted to pass, utter, or publish as true, any false forged or counterfeit bill or note, purporting to be a bill or note issued by any or either of the said banks, or by order of the president, directors and company of any or either of the said banks, or any falsely altered order or check on any of the said banks or corporations or any cashier or either of them, knowing the same to be falsely. altered with intent to defraud any of the said banks, or any other body politic or person; or of having sold, uttered or delivered, or caused to be sold, uttered or delivered, any forged or counterfeit note or bill, in imitation or purporting to be a bill or note issued by any or either of the said banks, or by order of the president and directors of any or ei- ther of the said banks, knowing the same to be false, forged, and counterfeited; or of having made or engra- ved, or caused or procured to be made or engraved, or of having in his custody or possession any metallic plate engraved after the similitude of any plate from which any notes or bills issued by any bank incorporated in pursuance of any act or acts of assembly of this common- wealth, shall have been printed with intent to use such plate or to cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by the said banks, or any or either of them, or of having in his custody or possession any blank note or notes, bill or bills, engraved and printed after the similitude of any notes or bills issued by either of the said banks, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by the said banks, or having in his custody or possession any paper adapted to the making of bank notes or bills, and similar to the paper upon which any notes or bills of either of the said banks shall have been issued with intent to use such paper, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by either of the said banks or of having forged, defaced, corrupted, or embezzled any "charters, gifts, grants, bonds, bills, wills, conveyances or contracts, or of having defaced or falsified any enrol- ment, registry or record, within this state; or of having VOL. III. 36
forged any entry of the acknowledgment, certificate, or endorsement, whereby the freehold or inheritance of any person or persons may be changed; or of counter- feiting the hand or seal of another, with intent to de- fraud; or the privy or great seal of the state; or the seal of any county in the state-shall be sentenced to be imprisoned in solitary confinement at labour; for the first offence, for a period not less than one year nor more than seven years; and for the second offence for a peri- od not exceeding ten years, under the same conditions as are expressed in the first clause of this section.
ROBBERY.
Every person convicted of robbery, or as being ac- cessary thereto before the fact, shall be sentenced to undergo a similar confinement; for the first offence, for a period of not less than one nor more than seven years; and for the second offence, for a period not exceeding twelve years -- under the same conditions as are herein before expressed.
MAYHEM.
Every person convicted of mayhem, his or her aiders, abettors or counsellors, shall be sentenced to undergo a similar confinement at labour; for the first offence, for a period not less than one nor more than seven years; and for the second offence, not exceeding fourteen years -under the same conditions as above expressed.
KIDNAPPING.
Every person convicted of kidnapping, under the pro- visions of the laws of this commonwealth, shall be sen- tenced to undergo a similar confinement at labour; for the first offence, for a period not less than five nor more than twelve years; and for the second offence, for a pe riod of twenty-one years-under the same conditions as herein before expressed.
HORSE STEALING.
Every person convicted of horse stealing, or as ac- cessary thereto before the fact, shall be sentenced to un- dergo a similar confinement at labour; for the first of- fence, for a period not less than one nor more than four years; and for the second offence for a period of not more than seven years-under the same conditions as herein before expressed.
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