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 97
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A tedious winter prevented them from leaving their habitation, and deprived her of the pleasure of hearing often from her friends, who were very much scattered; but a prisoner, who had lately seen her husband, infor- med her of his being much indisposed at the Genessee river, which was upwards of one hundred miles dis- tance. On receiving this intelligence, she stood in need of much consolation, but had no source of comfort, ex- cept in her own bosom.
Near the return of spring their provision failing, they were compelled to go off to the Fort for a fresh supply, having but a small portion of corn which they allowan- ced out once each day.
Through snow and severe frost they went for Niaga- ra, suffering much from the excessive cold. And when they came within a few miles of the Fort, which they were four days accomplishing, they struck up a small wigwam for some of the family with the prisoners to live in, until the return of the warriors from the Fort.
As soon as Capt. - Powell's wife heard that the young child's mother had come with the Indians, she desired to see her, claiming some relationship in the Indian way, as she had also been a prisoner amongst them .- They granted her request, and Elizabeth was accord- ingly introduced, and informed that her husband was returned to the Fort, and there was some expectations of his release. The same day Benjamin Peart came to see his wife, but could not be permitted to continue with her, as the Indians insisted on her going back with them to their cabin, which, as has been related, was some miles distant.
Elizabeth Peart was not allowed for some days to go from the cabin, but a white family who had bought her child from the Indians to whom it had been presented, offered the party with whom Elizabeth was confined a bottle of rum if they would bring her across the river to her child, which they did and delighted the fond moth- er with this happy meeting, as she had not seen it for the space of eight months.
She was permitted to stay with the family where her child was for two days, when she returned with the In- dians to their cabin. After some time she obtained a further permission to go to the Fort, where she had some needle work from the white people, which afford- ed her a plea for often visiting it. At length Capt. Pow- ell's wife prevailed with them to suffer her to continue a few days at her house, and work for her family which was granted. At the expiration of the time, upon the coming of the Indians for her to return with them, she pleaded indisposition, and by this means they were re- peatedly dissuaded from taking her with them.
swelling on her neck she applied a poultice, which led the Indians into a beliefit was improper to remove her, and they consented to come again for her in two weeks.
Her child was given up to her soon after her arrival at the Fort, where she lodged at Capt. Powell's, and her husband came frequently to visit her, which was a great happiness, as her trials in their separation had been many.
At the time appointed some of the Indians came again, but she still plead indisposition, and had confined her- self to her bed. One of the women interrogated her ve- ry closely, but did not insist upon her going back. Thus several months elapsed, she contriving delays as often as they came.
When the vessel which was to take the other five, among whom were her husband and child, was ready to sail, the officers at Niagara concluded she might also go with them, as they saw no reasonable objection, and they doubted not but it was in their power to satisfy those Indians who considered her as their property.
( To be continued. )
THE MUSICAL FUND SOCIETY OF PHILA- DELPHIA.
At the stated Annual Meeting of the Society, on Tues- day, the fifth instant, the following were elected Of- ficers of the Society.
President-William P. Dewees, M.D.
Vice President-John K. Kane, Esq.
Treasurer-Francis Gurney Smith, Esq.
Secretary-George Campbell.
The following Report was made to the Society, and, on motion, accepted, and ordered to be published.
The joint Board of Officers, in presenting this ninth annual report to the Society, have reason to renew their congratulations on its continued and increasing prosper- ity. The objects for which it was instituted have been substantially obtained. The public taste has been at- tracted and cultivated by its performances-it lias or- ganized an Academy on the most liberal foundation, for the diffusion and progress of the art, and it has secured for the members of the profession, an ample provision against the wants of accident and age- a provision which they can avail themselves of with honour, since it is the fruits of their humble exertions. When the humble origin of the Society is recollected, by which those objects were announced-its discouragement on the outset, and its occasional difficulties in late years, it may be permitted to those who have watched its prog- ress with anxiety. to announce with a degree of proud satisfaction, the result by which their labours have been rewarded.
The removal of Dr. PATTERSON, of the University of Virginia, since the last annual report, has deprived the Society of one of its most valuable and efficient Officers -but attachment to the institution, of which he was one of the founders, his capacity for usefulness,and his willingness to be useful in each of its departments, and the excellence of his personal virtues, had gained for him the unreserved confidence and kindest regard of all the members of this Board.
In obedience to the Charter, the office of Vice Pre- sident, which was made vacant by his resignation, has been filled by an occasional election. His successor is to be chosen at the present meeting of the Society.
During the year, forty-seven members have been elected by the joint Board of officers, all of whom are of the class of amateurs. The number of amateur mem- bers, not now in arrear to the fund, is three hundred- the number of professors is thirty-six, making an aggre- gate number of three hundred and thirty-six. The period is not far distant when it will probably become necessary to exclude from the public performance of the Society all residents of Philadelphia who are not members, or introduced by the ladies' tickets of mem-
As the time of planting drew nigh, she made use of a little address to retard her departure; having a small | bers. It is doubted whether the interests of the fund
348
PENNSYLVANIA HOSPITAI ..
[MAY
would not even now be advanced by such a regulation. The account of the Treasurer presents a detailed view of the finances of the Society. It will be seen that du- ring the year a consderable reduction has been made in the debt of the Society, while the claims of members for relief have not been neglected-and a large contri- bution has been made to the expenditures of the Acad- emy of Music.
The musical performances of the year have been the oratorio of the Messiah, and two miscellaneous concerts. It will be remembered that the number of performances fixed by the laws of the Society, as that which the di- rectors of the music are not authorised without special order to exceed, is two in each season. Circumstances induced the joint Board to agree that the third Concert should be given in the month of April last, but it is proper to remark that in the view of this Board, it would not be just to the professional class that the num- ber of two performances should be frequently exceeded. It is contemplated by the directors of the music here- after to announce at the commencement of each season the times and character of the performances proposed to be given, and it is believed that such an arrangement will be in every respect advantageous. Of the Oratorio and Concerts given during the late season, it may be remarked that their style of execution was creditable to the conductors, and satisfactory to the public.
The Academy of Music is now under the immediate charge of three teachers, Messrs. Cortets, Homman, and Schmidt. Its labours have been of great value to the Orchestra of the Society, which now derives from it an important portion of its force; and we avail ourselves of this opportunity to introduce it to the more partic- ular notice of the Society and the public, and to point out some of the advantages that may be obtained by young men desirous of improving themselves in the practice of the art, assured as we are that it affords many means of facilitating the progress of the pupil, not to be found under any individual teacher. In it all the string- ed and wind instruments, (the Organ and Piano Forte excepted, ) are taught by these eminent professors above named.
The very considerable number of pupils at all times attached to the academy, pursuing the study of different instruments, affords the opportunity of playing together in concert.
A quarterly examination of the pupils is held, at which concerted pieces are performed, and a degree of emu- lation is excited, which leads on to excellence-and af- ter a sufficient knowledge has been obtained, they are admitted into the board at the practisings and concerts of the Society, the great advantages to be derived from which must be obvious to every person at all acquainted with the art.
And last, though not least, the very moderate charge for tuition ought itself to be an inducement to the vo- taries of the science to enroll themselves as members of the school, which has already produced some very ef- ficient performers, many of whom have taken an active part in the performances of the Society; in short we do not hesitate to say, that from the many advantages af- forded in this institution, an orchestra player will in a shorter time than in any other way with which we are acquainted .- Poulson.
May 5th, 1829.
YORK, (Penn.) May 26.
casks was carried down by the force of the stream- much of which was irrecoverably lost.
We have various additional accounts and rumours of the destructive violence of the swollen waters; but none sufficiently minute or accurate to warrant an attempt to give further details. Many of the oldest inhabitants consider the occurrences as entirely unprecedented in that quarter; and all concur in stating that for many years, if ever before, the rain was not there seen de- scending in such torrents. At this place and the imme- diate vicinity, we had only a moderate shower, unac- companied by wind, lightning, or hail.
Recorder.
PENNSYLVANIA HOSPITAL.
Abstract of the Accounts for the year ending 4th April, 1829. PAYMENTS.
Medical department,
$1,438.19
Household expenses,
17,285 37
Live stock,
1,476 61
Repairs and improvements,
7,188 04
Salaries and wages,
6,219 68
Medical library,
810 95
Incidentals,
690 33
Placed at interest $33,500 and a tempo - 34,650 00
rary loan re-paid $1150,
Balance on hand,
2,440 89
$72,200 06
RECEIPTS.
Balance on hand last year,
$1,785 94
Board of pay patients,
23,528 11
Clothing,
1,923 32
Funeral expenses,
133 84
Articles destroyed,
40 54
Wages of private servants,
159 66
Articles sold,
503 69
Live stock,
214 00
Medical fund-Students tickets &
certificates, 398 002
507 71
Fines&books sold, 109 71 S
West's paintings-visiters
648 002
682 85
& pamphlets, 34 85'S
381 80
Manager's fines,
13 50
Legacies-J. Grandon $3,000, Martha Howell $600, J. G. Wachsmuth
5,620 00
Contributions,
366 34
Donations,
15 00
Interest,
9,580 20
Ground rents,
1,061 56
11,073 76
Dividends,
432 00
Principal of bonds paid in,
25,250 00
$72,200 06
By the above account it will be observed that the whole income of the capital stock for the past year was 11,073 dollars 76 cents, and the amount expended during the same time on poor patients was upwards of 13,000; the excess being derived from the receipts of pay patients.
On last Tuesday afternoon the south-eastern section of this county was visited by an exceedingly heavy fall The whole number of patients admitted in 1829, 1362 Of whom were poor, of rain, whereby extensive damage was occasioned .-- 756 Fences, remote from water-courses, were washed away, Total admitted in ten years, 9486 and the corn-fields and other newly-ploughed grounds Of whom were poor, 4600 were greatly injured. Several mill-dams were partially In lying-in-department, 506 destroyed, and in one instance a carding machine and Deaths, 634 some mill-works were swept off. A number of swine, [See table following page. ] confined in a pen near a distillery were drowned: and [For a particular account of the Pennsylvania Hos- at the same place a considerable quantity of whiskey in I pital, &c. from 1753 to 1828, see Register, yol, 2, p. 90.]
46,950 06
The Gate,
$2000, Andw. Day $100, & J. Ke- ble $60-less duty,
1829.1
PENNSYLVANIA HOSPITAL.
349
ABSTRACT OF THE CASES OF 1362 PATIENTS IN THE PENNSYLVANIA HOSPITAL, From April-26th, 1828, to April 25th, 1829.
Cured.
Relieved.
at their own request.
Remov'd by friends or
Delivered safely.
Infants in health.
Eloped.
Died.
Still-born.
Remain.
Total.
Cured.
Relieved.
at their own request.
Removedby friends or
Delivered safely.
Infants in health.
Eloped.
Died.
Still-born.
Remain.
[Total.
Abscess
.
3
3
1
7
Brought forward 404 44 20 Fractured Arm
34
6: 3 44
40}
575 23
Amenorrhea
1
1
Anasarca
1
Finger
1
1
Aneurism
1
Ribs
3
1
4
Angina Pectoris
1
1
Thigh
4
3
2
9
Ascites
2
1
1
1
Leg
24
4
8
36
Burns and scalds
3
1
4
Foot
Frosted
1
Caries
2
4
Fung'sHematodes
1
Cataract
1
2
Gangrene -
1
Catarrhus
10
1
1
1
1
Gastritis
6
1
7
Gunshot wounds
2
1
1
2
8
Chorea St. Viti Colic
4 3
1
Hemorrhoids
3
1
12
2
1
Hernia
1
1
Debility
1
1
3
2
2
1
Diarrhea
5
1
7
Disea'd Bladder
1
1
Insanity
30
1 7
106
200
Breast -
1
Mania-a-potu
19
1
11.
1
32
Spleen -
1
Icterus
1
1
9
4
1
3
2
64
Urethra
1
Pregnant women Paralysis
3
2
Joints ·· ·
7
3
1
3
4
Paronychia
1
1
2
Nose
-
1
3
2
7
1
12
Eyes
8
4
1
.
1
10
3
3
Ophthalmia
2
3
5
Ptyalism
2
3
3
Dropsy
2
2
3
2
41
6
7
1
1
12
68
Dysentery
22
2
1
1
28
Scrofula
2
1
3
Dyspepsia
.
1
2
Small-pox
1
6
Epilepsy
1
1
Strictures
1
1
Epistaxis
1
2
Stone in bladder
2
14
6
Febris
27 1
4 35
1
1
Intermittens
87
4
1
3 96
6
1
2
1
12
Remittens
48
1
1
Tic-Doloureux
1
1
2
Fistula in Ano -
6
2
1
1
11
1
1
in Abdomen
1
1
Lachrymalis
Tumours
9
1
1
11
2
2
4
Ulcers
27
3
1
1
6
50
Jaws
3
1
4
25
1
1
3
38
Clavicle
4
4
Vertigo
Scapula
1
1
Vomiting
1
1
404 44
34
6| 3|44
40 575
694 128| 96 60 55 9 11 95 3/211 1362
Of the above patients 756 were poor, and maintained at the expense of the Institution.
Natives of U. States,
820 [ Of Sweden,
8
Of Italy,
2
Of Malta,
1
Ireland,
374
Norway,
5
Brazil,
2
Lapland,
1
England,
71
Denmark,
2
Africa,
2
At sea,
Scotland,
18
Nova Scotia,
4
Spain,
1
Germany,
25
West Indies,
4.
Holland,
1
France,
16
Prussia,
3
Portugal,
1
Pay.
Total.
Remaining, 4th mo, 26th, 1828, 114 and Admittted since
492 and 661 $ of whom S have been discharged
2 remain, 4th mo. 25th, 1829, 106 and 105 5
1362
-
7
Patella
1
1
Asthma
1
1
1
Cancer
1
1
1
Gastralgia -
1
1
Cephalalgia
3
1
5
Cholera
1
1
Hæmoptysis -
2
1
5
Hemorrhagy
1
3
Constipation Contus. & wounds 121 Convulsions
7
9
2
8
5 152
Hepatitis
9
2
1
Deafness
4
1
1
1
2
Diabetes
1
2
5
2
2
4
1
1
Scrotum
2
1
7
55
4
7
74 8
Spine .
2
€
20
Pthisis Pulmonalis Pleurisy
10
1
4
21 2
Dislocation
5
2
7
Polypus
1
Dysury
1
1
Sprains
5
1
4
Eruptions
2
2
4
Suicide bycut. thr. by drowning
2
11
127
57
Tinea Capitis - Tetanus
1
1
1
1
Fractured Skull
Venereal disease
8
1
1
.
1
2
1
Pelvis
1
1
Apoplexy
2
3
-
1
7
1
4
1
14
1
1
11
5
1
1
4
3
Strangulated Humoralis Hypochondria sis Hysteria
24 32
1
2
16
Testicles
2
12.12
1
2
5 60
2
4
3
2
3
12
Antrum
1
1
1
15
Pneumonia
1
11
Rheumatism
221
-
1
2
4
Inflammations - Infants born in H.
1
1
-
-
-
-
-
3
3
2
DISEASES.
DISEASES.
Disch'd for bad cond't |
Disch'd for bad cond'to
Poor. 500 and 651 2
1362
Pay. Poor.
Syphilis
2
1
111
2
8
1
1
1
12
2
350
LAW CASE.
[MAY
COMMON PLEAS. The commissioners and, &c. of the Incorporated North- ern Liberties,
vs.
William H. Heart.
This case was argued before Judge King during the last week, and embraced a very interesting point. The facts were these: The district of the Northern Liberties was incorporated in 1803, comprising all that laid be- tween the Delaware and Sixth street, and Vine street and the Cohocksink creek, with powers in the corpora- tion to pitch and pave streets, upon application, &c. so that the proprietors in front of which said pitching or paving might be done, should be taxed in proportion to the extent of their fronts, for the same. Prior to the act of incorporation, however, in 1801, the legislature incorporated the Germantown and Perkiomen turnpike company to make a road over and on the bed of Third [street, from its intersection with Vine street to the ten mile stone, &c. This road the turnpike com- pany constructed, and took tolls from persons travelling on it, so that when the Northern Liberties came to be incorporated, they found a turnpike road running thro' its heart, and, as it was asserted, not within the jurisdic- tion, although within the bounds of the district. Owing to the conflicting opinions on this subject, the Commis- sioners declined paving Third street from Vine street to the northern boundary; and the existence of such a road through a large, populous, and business-doing dis- trict, became a subject of general complaint. In 1824 an arrangement took place between the two corpora- tions, the turnpike company and the commissioners, by which it was agreed that the former should cede to the latter all jurisdiction over said road, with power to level, regulate, repair, and otherwise govern said Third street as other streets in the district are; and that the turnpike company should take the same tolls for travelling to and from Vine street, but receiving them at the gate No. 2, and taking away gate No. 1. To make this a- greement binding, the corporation applicd to the legis- lature for a law sanctioning it, which was passed in March 1824, in the words of the agreement, After this, upon the application of a majority of property own- ers, &c. the commissioners paved Third street. The defendant not being one of those who applied, refused to pay for the paving in front of his property, and this suit was brought to recover it of him. The case was stated for the opinion of the Court. For the defendant it was contended, that the object of the act of 1824 was to give jurisdiction to the Northern Liberties only for the government of the citizens as regarded violations of ordinances relative to lamps, obstructions on the pave- ments, cleanliness, &c. : that the commissioners might regulate and repair the street in any way, but could not make the property liable for it as regarded 'pitching and paving' these words not being specified in the act; and that the words "otherwise govern" referring only to general subjects of jurisdiction not including the one contended for; that it was an unjust and unequal law, insomuch as the inhabitants paid to the turnpike.com- pany for travelling on a road of their own construction, that the legislature had no right to make such a law, in- dividuals being no party to it.
For the plaintiffs it was contended, that the legisla- ture had a right to make such a law, the contracting par- ties being the only ones in interest, and therefore, giv- ing consent, no privileges could be invaded; and that all individuals, by the act of their representatives, the legislature, were parties to the contract and bound by it: that although the words "pitch and pave"were omit- ted in the act, words "otherwise govern as other streets are," were of such extensive signification as to em- brace that power, and the Supreme Court had held words of similar character to possess a similar extent of meaning, (1 S. and R. 487): that the paying a toll to the turnpike company for travelling over a few squares
of a road of their own construction was not unjust or op- pressive, because the paving by the district was not so much for the object of travelling, as it was to secure health, cleanliness, and comfort to the inhabitants, and therefore the assessments paid by the inhabitants on Third street to the two corporations, were of a different character, and for different purposes, and that the in- tention of the legislature in passing this law was to be gathered from the state of things, the evil complained of, and the remedy sought at the time time of its pas- sage.
The Court decided that the Commissioners possessed the power to "pitch and pave," and that the defendant was liable. Judgment for plaintiff.
Miles for the Commissioners. Goodman and J. R. Ingersoll for the defendant.
From the Bucks County Intelligencer.
In the proceedings of Court published in our last pa- per, we were obliged from want of time, to notice very briefly the trial between Case and M'Nair, which exci- ted general interest. We have obtained from a gentle- man oftl.e bar, the opinion of the Court, taken down at the time it was delivered; which we have no doubt will be read with interest by those who were not present to hear it. The Lancaster Journal in noticing this trial ex- presses a wish to see the grounds upon which the deci- sion was made, and we feel gratified in being able to give it so fully. Mr. Reynolds will see that the decision was made upon the grounds that the oath was adminis- tered between the time of the expiration of the Dedi- mus issued by Governor Snyder, and the date of the one given by Governor Findlay.
Case vs. M'Nair .- (Appeal from the judgment of Samuel Atkinson, Esq. )
This was an action brought before Justice Atkinson, for the recovery of the penalty of fifty dollars for taking illegal fees. M'Nair acting as a Justice of the Peace had fined Case for working on Sunday, and had in his bills of costs, charged 25 cents for entering judgment,- the legal fee is eight cents.
M' Dowell for the Plaintiff, Case, offered in evidence the Record of M'Nair's commission as a Justice.
Fox, for the Defendant objected that the Record made by the Recorder of Deeds, &c. was but a copy, and could not be read in evidence. The best evidence is the original commission, which must be produced or some reason shown why it was not in their power to produce it .- The defendant had no notice to produce it &c.
Judge Ross said he knew of no law authorising the Recorder to make a Record of commissions of offices. That if there was such a law, he knew not how far it might extend, perhaps the same rule which would make a Justice's commission a matter of Record, might au- thorise the recording of commissions to Militia officers. Canal Commissioners, &c. and that then 'an exemplifi- cation of the record would be evidence: and finally ad- journed the court till morning, that the Counsel might have an opportunity of examining the question, observ- ing at the same time that the Court would not be dis- posed to favor the objection.
In the morning M'Dowell offered John Hugh Esq. as a witness, to prove the copy of the commission, or the Record, and also that by virtue of a dedimus potestatum to him directed, he had administered the oath of office to M'Nair, as a Justice of the Peace, in pursuance of the commission then before him. On inspection the Dedi- mus was found to be dated after the time of administer- ing the oath. Another Dedimus to Esq. Pugh was produced in which he was authorised by Governor Sny- der to administer the oath of office, &c. M'Nair was commissioned by Governor Findlay.
Fox objected. This power is a special power to ad- minister the oath to persons who have been or may hereafter be commissioned under the Great Seal of the
.
351
MISCELLANEOUS.
1829.]
Commonwealth. They must therefore show that a com- mission did actually issue under the Great Seal, &c. be- fore they can show any act done in pursuance of this authority .-
M' Dowell. This is a general power, it applies to all persons that may hereafter be appointed. Would a com- mission of itself be authority sufficient to enable M'Nair to perform the duties of Justice of the Peace. The. oath of office must be administered before he can act. We offer now to show that he took this oath .- Sup- pose we were to produce a commission, it would not be evidence of this authority to act as a Justice, unless the oath was taken.
Fox in reply-Where is the act of Assembly which requires a Justice to be sworn, (Judge Ross referred to the Constitution)->It has been said this is not a special authority, but a general one. A serious question might arise whether any but a special authority will be suffi- cient to authorise any man to administer the oath of of- fice except the Governor himself-but I am going on the supposition that an cath is to be administered, but that cannot be done till a Commission has issued, they must then first show a commission did issue.
The opinion of the Court was given by Ross, Presi- dent. I have very great doubt of this Dedimus authori- sing the administration of the oath in question. That doubt does not arise so much for å want of power in the Governor to delegate his authority, for I am satis- fied it has been the usual form, from the very first set- tlement of the Province, and has become the common Law of the Country. There is considerable force in saying that the person to whom the Dedimus is sent is only authorised to swear officers appointed under the great Seal. But I have a great doubt of a Governor being able to give power to swear officers who were not appointed during the time of his own term of office. 'That Governor Snyder, for instance could give author- ity to swear officers appointed by his successor, his own power was extinct before the time of executing the delegated power. If a man has given a power of At- torney and dies, the power of Attorney ceases with his life, and it is in this point of view that I am inclined to think that Mr. Pugh had no authority under this Dedi- mus to administer the oath of office to S. M'Nair, at a time after the Governor's office had expired. In this view connected with the circumstance of this Dedimus only authorising him to administer the oath to persons commissioned under the great Seal. I am strongly in- clined to say that Mr. Pugh had no authority to swear a person into office at the time this oath was adminis- tered.
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