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. IX > Part 22
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The directors, at an early period, formed the resolu- tion to have the road in operation, if possible, by the 4th day of July next; and in making all their contracts for the delivery of materials, they have kept that pur- pose steadily in view. They have yet seen no cause to doubt the practicability of accomplishing the work by that time, provided the rails and iron shall be furnished
according to agreement. A failure to deliver, in due season, so heavy an article as the rails, may retard the completion of the road for a few weeks; but the board have assurances from the contractor, that a considerable portion is now ready, and will be forwarded, as soon as the navigation of the Delaware shall be open. 'The iron plating, for the rails, was ordered in good time, and is daily expected to arrive.
Thus it will appear, as the board trust and believe, that every exertion has been used, and every kind of forecast resorted to, consistent with a sound economy, to expedite the final completion of the West Chester rail-road: and the directors cannot but congratulate themselves and the stockholders, on the prospect of hav- ing a valuable improvement executed in the most eli- gible manner-with unusual promptitude-and at a less cost than the original estimate.
If those who have charge of the interests of the com- monwealth, shall urge forward the work on the Penn- sylvania rail-way, so as to form a junction with the West Chester rail-road, by the time the latter is com- pleted, and thereby furnish a continuous track to the city of Philadelphia, there can be no doubt but the va- lue of both improvements will be speedily demonstrated, in a style that will at once gratify and surprise their most sanguine advocates. The amount of business which would immediately be thrown upon the Pennsyl- vania rail-way, from the West Chester road, ought, in the opinion of the board, to induce the most strenuous exertions on the part of the officers of the state, to com- plete the laying of the rails from the city to the intersec- tion of the West Chester rail-road .* Such an event would not only prove an important benefit to this town and district, but it would render that portion of the pub- lic funds, which now lies worse than dormant in the bed of the Pennsylvania rail-way, immediately and highly productive of revenue to the state. The directors are sanguine in the hope, that the wisdom of the legislature, and the public spirit of the canal commissioners, will cause th se obvious advantages to be secured, without delay, to the people of this commonwealth.
By order of the Board,
WM DARLINGTON, President. Attest, WM. WILLIAMSON, Secretary. W'est Chester, Jan. 16, 1832.
684997821
Sections. Commencing at W. Chester.
Philip Duffy.
|Smith & Conley,
Perry & Grennells,
Perry & Grennells,
Andrew Boyle,
!Thomas Barr,
Bernard Flynn,
1lughes & Quinn,
Reese & Carncross,
Contractors.
84888489
00
Excavation per cubic yard.
10
6864 10
10
00
ctg.
Embankment Do.
14 14
16
20
20
14
25
20
cts.
Hard pan Do.
40
42
47
30 45
4.8
40
cts.
Solid rock Do.
25
23
27
10
32
18
30
35
cts.
Detached rock Do.
50
50
50
50
62₺
50
45
50
cts.
Cross drains per foot lineal.
* The board have just learnt, with great satisfaction, that the canal commissioners have resolved to place the laying of the rails, up to the West Chester road, under contract, on the 15th of February.
May 26th, 1831.
(A) Schedule of the letting of the West Chester Rail-road,
Note .- The grubbing was paid for on the estimate of the engineer.
cts.
123
43
50
'27
Eng. est.
-
75
Fencing yet to be done, Salaries of engineers and agents,
3,658 75 1,500 00
Expenses to be incurred on the line of road,
$50,447 35
Add expenses already incurred, 32,656 03
Estimated whole cost of the West Chester rail-road, $83,103 38
Add, for car-house, toll-house, cars, and incidental expenses, 6,896 62
Aggregate amount of expenses, necessary to put the rail-road in operation, $90,000 00
(D) TREASURER'S STATEMENT.
THOMAS WILLIAMSON, Treasurer of the West Chester Rail-road Company, in account with said Company, to January 2d, 1832, inclusive.
To amount received upon the several in- stalments ordered by the Board of Di- rectors, including the 5th instalment, due the Ist instant,
$33,355 00 6 00
Cash received for maps,
$33,361 00
CR .-- By amount of payment, in pursuance of orders drawn by the Board of Direet- ors, 28,947 763
Balance in treasury,
$4,413 233
Amount of instalments ordered by the board, and due to the above date (5th instalment) $50,000 00 6 00
Received for maps, as above,
$50,006 00
Deduct cash received,
33,361 00
Stockholders in arrears, *$16,645 00
. Since the 2d inst, there bave been received by the trea- surer, $10,740 00
In arrears, January 16, 5,905 00
$16,645 00
January 16, 1832.
(E) LETTER FROM MAJON WILSON. Philadelphia, Jan. 11, 1832.
To the President and Directors of the West Chester Rail-road Company:
GENTLEMEN .: The progress that has been made in grading the road, since it was placed under contract, and the preparatory measures which have been taken by the company, for procuring the whole of the mate- rials necessary for completing the superstructure of & single-track rail-way, leaves no doubt that the line frona West Chester to its intersection with the State rail-road, will be opened for travelling during the ensuing sum- mer.
The resident engineer, Mr. Baily, having furnished an estimate of the expenses yet to be incurred in the completion of the work, it is unnecessary for me to make any reference to that part of the subject, but I would respectfully offer to the company a few brief re- marks on the reasons which influenced the adoption of a rail-way formed of wood, instead of stone or other per- manent material.
Stone suitable for sills or blocks cannot be procured on any part of the line, between West Chester and where it unites with the Pennsylvania Rail-way.
The great expense which must be incurred in pro- curing and hauling from a distance such heavy mate-
* Of those 13,975 cubic yards of excavation, yet to be done, it is estimated that 5719 are detach-
149,182 109,735 1164 1327 $25087 983 $3497 72 15975°
27,025|
9,247
4,911
5,761
16 484
29,214|
22,376| 25,507
20,097 18,325
14,067| 11,331
Embank- ment, cubic yards.
Cross drains feet.
WORK DONE.
3867 03
1662 83
751 94
965 37
2512 6431
5693 11}. 1004 65
799 64
1419
440
Excavation, cubic yards.
5690
do.
do.
do.
2070
1410
1610
Embankm't cubic yards.
$5211 92
2371 30
Nov. 15.
Sept. 5.
Oct. 24.
1862 50
956 42
I$ 221 70
Estimated cost of work to be done.
WORK TO BE DONE.
Whole expenses incurred.
Amount paid for road formation, drains, grubbing, &c.
$25,087 983
Amount paid for stone delivered, viz : 1588 perches,
1193 06
Amount paid for 250 rods of fence, rails, &c.
337 00
Amount paid for damages to crops, on the route, 50 833
Amount paid for salaries of engineers and assistants,
1534 29
Amount of incidental expenses, 734 59}
Profit and loss-counterfeit note received by commissioners,
10 00
Whole amount paid, - $28,947 76}
Add, per centage retained on the cost of road formation, 3,497 72}
Do. for broken stone delivered,
210 54
Aggregate expenses, $32,656 03
(C) Estimate of the materials and expenses, requisite to complete the West Chester Ruil-rond, January 2, 1832.
Broken stone, 5,949 perches, (at different prices, ) $5,163 68
Wooden sleepers, 12,735, (actual cost not ascertained) estimated at 3,820 50
Pine scantling (rails,) 333,000, at $25 per M. delivered, 8,325 00
Iron, for rails, 235 tons, at $53 per ton, delivered,
12,455 00
910 00
202 50
200 00
6,750 00
2,250 00 5,211 92
(B) Statement of work done, and to be done, towards grading the West Chester Rail-
68944 | Sections.
Excavation, cubic yards
10,794 198
3,972
2,112
1,889
9,635
26,170
259
100
108
236
Grubbing trees.
7
423
140
274
273
112
14
59
4531 81
3194 01 ,563 64
Amount retained.
11
6606
do.
do.
do.
Reported finished, Nov. 21.
25 $ 1909 734 $ 447 28! |Section 1 is nearly finished.
road: with a summary of the whole expenses incurred, on the 2d January, 1832.
Amount paid
682 41
-
75
33
155
led rock, and that 6912 are solid roek.
WEST CHESTER RAIL-ROAD.
1832.]
Spikes, 10,000 lbs. at 9 1-10 cts. per lb. delivered,
Splicing plates, 2250 lbs. at 9 cts. per lb. Plank, for keys, 10,000 ft. at $20 per M. Laying 9 miles of rail-road, $750 per mile, Laying 18 turn-outs, including castings, Residue of grading, yet to be done,
5510
600
DR.
76
STATISTICS OF POTTSVILLE.
[FEBRUARY
rials, would not only have delayed the completion of the work, but would have enhanced the cost of its construc- tion. The newness of the embankments, and the length of time necessary for them to settle, is another consider- ation why a preference has been given to wood.
On embankments which have not sufficiently consoli- dated, the wooden rail, resting on sleepers of wood, can be much easier repaired. On this plan, also, the road can be finished with less expense, and at an earlier pe- riod than with stone sills, or detached blocks, as bear- ings. This circumstance will, in some measure, com- pensate for the loss that will result from the decay of the wood; and should the company deem it expedient, at any future period, to lay a second track, sufficient experience will have been acquired to enable them to adopt that p'an which will be most conducive to the in- terests of the stockholders.
I remain, gentlemen, very respectfully,
Your obedient servant, JOHN WILSON.
At the annual meeting of the stockholders of the West Chester Rail-road Company, held at the house of Samson Babb, in the borough of West Chester, on Mon- day, the 16th of January, 1832,
OLIVER ALISON. Esq was appointed chairman, and Mr. EDWARD F. EVANS, Secretary.
The directors laid before the meeting their report, (herewith published) of the affairs and proceedings of the company, which was read:
Whereupon, on motion of W. H. DILLINGHAM, Esq. it was
Resolved, that this meeting approve of the proceed- ings of the directors of the West Chester Rail-road Company, as exhibited in their report this day submit- ted; and that five hundred copies of said report be pub- lished in pamphlet form, for the use of the stockholders.
It was then, on motion, resolved, that the chairman and secretary of this meeting act as judges of the elec- tion now to be held, for the purpose of electing seven directors of the West Chester Rail-road Company, for the ensuing year. At the close of the polls, the votes being counted off, it appeared that the following per- sons were duly elected directors, viz :
WILLIAM DARLINGTON, JONATHAN JONES,
JOSEPH HEMPHILL,
WM. WILLIAMSON,
ELIHU CHAUNCEY,
SAMUEL C. JEFFERIS.
ZIBA PYLE,
On motion, resolved, that the proceedings of this meeting, including the Report of the Directors, be pub- lished in the papers of the county.
(Signed) OLIVER ALISON, Chairman. Attest, EDWARD F. EVANS, Secretary.
From the Miners' Journal.
STATISTICS OF POTTSVILLE.
The assessed value of the Borougb, in January, 1832, is as follows:
Real Estate, Buildings, Horses, &c. .. 335,078
Stocks, Bonds, Mortgages, &c. yielding divi- dends or interest, 234,390
569,468
Included in the above there is,
7 Tailor Shops,
1 Gun Smith,
12 Tailors,
1 Brick Maker,
Horses over 4 years,
220
6 Painters and Glaziers,
2 Soap Boilers,
Pleasure Dearborns,
8
1 Grist Mill,
1 Potter,
Gigs, Sulkies,
4
1 Saw Mill,
15 Teamsters,
Baronches,
6
1 Skin Dresser,
46 Miners,
Buggie,
Carriages,
The number of taxable inhabitants, is Males 598
Females 5
603
The number of persons owning real estate and not re- siding in the borough, is 167
The public Buildings in the Borough, are
1 Roman Catholic Chapel, built in 1828
1 Episcopal Church, (St. Lukes, ) built in 1830
1 Methodist Episcopal Church, built in 1830
1 Friends' Meeting House, do. 1830
The Institutions of a public character, are
Post office established in the year 1823
Miners' Bank of Pottsville, chartered in 1828
Schools of various grades and datcs.
Fire Company, established in 1830
Two Volunteer Corps of infantry :
1st. The Pottsville Guards, formed in 1825
2d. The National Light Infantry, formed in 1831
Three Weekly Newspapers:
The Miners' Journal, commenced in 1825
The Schuylkill County Advocate, comme'd in 1831 The Schuylkill County Farmer, (German, ) in 1852 Among the occupations and establishments in the bo- rough, may be enumerated the following :-
5 Male Teachers,
2 Clergymen,
9 Attorneys at Law,
1 Notary,
8 Physicians,
1 Post Master,
1 Member House of Re- presentatives,
1 President of Bank,
1 Cashier do.
1 Land Surveyor,
4 Justices of the Peace,
9 Plasterers,
3 Barber shops,
4 Barbers,
1 Coach maker shop,
1 Coach Maker,
1 Coach Trimmer,
3 Saddlers shops,
4 Saddlers,
2 Boat yards,
7 Boat Builders,
1 Cedar Cooper,
2 Curriers,
2 Tobacconists,
27 Clerks,
1 Tallow Chandler,
17 Coal Merchants,
1 Weaver,
25 Taverns,
2 Tanyards,
2 Tanners,
4 Turners,
1 Whitesmith,
2 Foundries,
2 Iron masters,
5 Moulders,
2 Lumber Merchants,
1 Forgeman,
3 Collectors of Toll,
1 Collier,
3 Oyster & Beer Houses, Il Bakers,
4 Breweries,
8 Brewers,
9 Butchers,
9 Stone Masons,
Dwelling houses,
492
Cows do.
70
52 Carpenters,
4 Boat Captains,
7
2 Millers,
1 Milkman, E
1
13 Boot and Shoemaker Shops,
79 Labourers,
156 Single Freemen,
24 Boot and Shoemakers,
10 Blacksmith-shops,
19 Blacksmiths,
2 Wheelwrights,
2 Hatters shops,
5 Hatters,
2 Cabinet makers shops,
3 Cabinet Makers,
2 Watch makers shops,
2 Watch Makers,
2 Tin shops,
3 Tin Smiths,
3 Constables,
2 Editors,
7 Agents,
25 Dry Goods, Groceries, Hardware, Wine, and Liquor Stores,
5 Drug, Paint, and Apo- thecary Stores,
35 Merchants,
5 Flour and Feed Stores,
5 Flour Merchants,
2 Shoe Stores,
4 Barkeepers,
1 U. S. Mail Contractor,
2 Confectioners,
1 Vinegar Merchant,
1 Lottery Broker,
2 Boarding Houses,
5
-
77
SELECTIONS FROM LEGISLATIVE DEBATES.
1832.]
SELECTIONS FROM LEGISLATIVE DEBATES.
From the Pennsylvania Reporter. COUNTY ALDERMEN.
IN SENATE-Thursday, Jun. 21.
Mr. Burden offered the following resolution, viz:
Resolved, That the Committee on the Judiciary-Sys- tem be instructed to enquire into the expediency of au- thorizing the Governor to appoint a certain, definite, and sufficient number of Aldermen, for each of the in- corporated districts in the county of Philadelphia, with the same powers and privileges which Aldermen of the city now have, and of repealing the civil jurisdiction of Justices of the Peace, so far as relates to the districts in which it is proposed to appoint Aldermen.
Said resolution was read a second time, and there be- ing some opposition to its passage.
Mr. BUNDEN said, it will be acknowledged by every member of the Legislature, that with regard to every county in the Commonwealth, the constitutional power of appointing Justices of the Peace has been exercised to a degree far beyond the necessities and welfare of the people. It has been the practice of every Executive, about the time of retiring from the gubernatorial seat, to appoint a number of Justices, and generally from politi- cal motives alone. The new Governor, finding himself opposed by the recently appointed magistrates, has been compelled, from motives of self-defence, to create ano- ther batch of Justices, and thus they have increased to a number injurious to the interests of the community. Had the appointments, in all instances, been confined to men of integrity and ability, there would be no cause of complaint; but not unfrequently persons have been recommended and appointed, altogether unqualified.
In the county of Philadelphia, the people have felt the consequences severely; and perhaps there is nothing under the color of law which causes so much oppression, as the existence of such Justices as now practise. The poor and ignorant are the sufferers-they are made the the victims, and the 'squires fatten on their earnings. In some few sections there are no magistrates; in them the people are moral and peaceable, but wherever the ma- gistrates abound, discord and immorality are encou- raged. Every Justice must make a living, and this competition leads to practices disgraceful tn the com- munity, and to oppressions under color of law which would scarcely be credited: it seems to be the interests of the magistrate to have the laws violated, instead of having them respected.
Is there any mode by which this evil can be removed? The constitution directs that justices may be removed by address or impeachment. The process originates in the House of Representatives, but this provision exists only in the letter, and not in practicability. We all know how unpleasant and how expensive it is to bring up a complaint before the legislature against a justice. A legislative body, on many accounts, is a very improp- er tribunal of justice for the trial of men; it has other duties to perform, and it is next to impossible to remove a justice from office by the constitutional mode, no mat- ter what he has been guilty of. He may have been convicted in a court of justice, he may have been the leader of a riot, he may be totally unqualified to admin- ister justice, still we know how difficult it is to put him out
There is a mode of remedying the evil, in perfect con- formity to the constitution, that is, by depriving the Justices of all the powers given to them by the laws, and leaving them no power but such as they may exer- cise under the constitution: this would soon compel them to give up practice.
men at that time composed the senate or select council of the city. These Aldermen were deprived of their legislative powers, and invested by law with the powers of Justices of the Peace, and the justices were restrict- ed to the constitutional limit. The consequence has been that the Aldermen being limited in number, have not the temptation to oppress for the sake of fees, and there is no place in any country where justice is more faithfully administered, nor where peace and good or- der prevail in a greater degree than in the city of Phila- delphia. Now the resolution I have offered proposes to extend the same benefits to the corporations of the county. The committee will, after due deliberation, fix the number proper for each district, having refer- ence to to its population and public necessities. In of- fering the resolution, it must be evident I cannot be ac- tuated by motives of popularity. The "squirearchy," (as Mr. C. J. Ingersoll well called those unworthy to be appointed,) will be highly displeased, and should I ever come before the people for clection, will do its best to remove me from public life. I have no motive but the welfare of the community which I have the honor to represent, and will not regret any personal sacrifice if I can succeed in passing such a law as the resolution pro- poses.
DIVORCE .- ARE BLACKS, CITIZENS?
HOUSE OF REP. Wednesday, Dec. 14, 1831.
Mr. WAUGH presented a petition from James Sisco, a coloured man from Washington, Pa. praying for a di- vorce. His memorial is drawn up with considerable ability and feeling. He states his early resolution, (knowing the degraded standing of persons of his co- lour in general, ) to acquire a reputation, by a correct deportment in all his transactions. In this determina- tion he went on prosperously till November, 1829, when unfortunately, he took to himself a wife. In this act lie had care to the selection of one who he had reason to believe had been taught to regard and observe the prin- ciples of propriety and virtue; but, to his mortification, be soon found he had been mistaken in his opinion; that he had taken to his arms, one who proved not only in- continent, but who actually committed larceny, and was convicted and sentenced to the penitentiary. At this change of circumstances he was thunderstruck, and for relief had brought his case before the legislature, that being the only tribunal competent to such purpose.
The petition was referred to the committee on the judiciary system.
The bill, an act to annul the marriage contract of James Sisco and Delilah his wife was read a third time, and on the question, shall the bill pass'
Mr. McCulloh observed, that he was opposed to legis- Jative divorces; he did not like the precedent -- it was a proceeding entirely ex-parte, one of which the opposite party,in general, had no notice, and therefore he thought they ought not to be encouraged. This was the appli- cation of a black man for divorce, and he thought if it were entertained"we should have enough business of this kind to do. That on the southern border of the state, the courts of quarter sessions were at every court more or less employed in the trial of blacks for larceny He thought if this bill passed it would hold out such en- couragement to applications for divorce from blacks that our tables would be covered with them. He ob- served that the woman had been convicted more than a year ago, and sentenced to one year's imprisonment, which had now expired. That therefore she must have returned to the society of her husband; that the prece- dent was a dangerous one, and be would vote against the bill.
Mr. Galbraith asked that the petition and documents might be read, which was done.
We have an example of the benefits attending this mode. In the city of Philadelphia, Justices of the Mr. Waugh thought the facts set forth in the petition, and the record evidence accompanying them, were suf- Peace were formerly created, and the power to appoint them still exists, although not exercised. The Alder- I ficient cause of divorce. Desertion was sufficient by
.
78
LAW DECISIONS.
[FEBRUARY
act of assembly in court-this was the same in principle. No gentleman, he thought, would distinguish between black and white; the colour of the skin could not alter the principle; if the grounds were good in any case, it ought to be in this. He thought the objection of the gentleman from Franklin, (Mr. McCulloh that it would be an encouragement to blacks to apply for divorces, was not sound-his opinion was, it would be a check on them. The man sustained a good character, as was tes- tified to by some of the most respectable men in Wash- ington county. Ought we to refuse a divorce, sir, be- cause the man is a black man? He thought not.
Mr. Davis observed that this was a matter of more moment than met the eye or ear. He thought the co- lour of the man no objection; he would as leave vote to divorce a coloured man as a white man. The real ques- tion was of more importance. Is a coloured man a citi- zen of Pennsylvania? and can the legislature divorce a man who is not a citizen? Many men have doubts on the subject; some have not. If he is not a citizen, by passing this bill we sanction the idea that he is so.
Mr. Waugh asked the chairman of the judiciary com- mittee for his opinion as to the citizenship of blacks.
Mr. Shannon replied, that the question had not been decided. His own opinion was against them, and he had formed it from the constitution. They could not be required to do militia duty, or repel invasions; they were not looked to as the bulwark of the nation: they were incapacitated for appointment or election to offices they had not the right of suffrage in Pennsylvania; they were not citizens to the full extent of the word. But still their rights of liberty and property are secured. Divorces by the legislature are matters of favour, only, not of right. In this case, he thought it was not expe- dient or necessary. We are not to know how many wives this man has. In our western country we have the real flat heads, who have dozens of wives, and think there is no harm in it; they don't view larceny as a crime, but consider every thing common property.
If they don't look upon larceny as a crime, why di- vorce them? If no moral turpitude attaches to the of- fence in their estimation of it, if they really don't under- stand the guilt of the offence, they have committed no crime, and we ought not to grant a divorce. The man may have been accessary before the fact, for the pur- pose of enabling him to make this application.
Mr. Valentine said he was no friend to divorces, un- less under very peculiar and special circumstances. The laws of Pennsylvania authorize contracts between ne- groes, and the right to rescind the contract seemed na- turally to follow. The marital rights were the same. The petitioner seemed anxious to have it believed that he was a man of good moral character, and he was not disposed to doubt it. If he possessed so good a charac- ter, his wife would be better in his care than in that of any other-he knew no one who had a better right to take care of and protect her. He would therefore vote against the divorce, and every other divorce, unless un- der very special circumstances, which he thought did not characterize this case. He would keep the probability of divorce at a distance, because it would have a saluta- ry influence upon the marriage contract, and prevent it from being entered into unguardedly.
Mr. Waugh thought there was nothing substantial in Mr. Davis's objection, and it was irrelevant whether blacks had a right to vote or not, a residence was suffi- cient for the protection of the law, citizenship was not necessary; a residence of one year was enough. The laws don't require them to be full citizens.
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