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 23
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Mr. Davis observed that he was left just where he be- gan; he had received no more information from the gentleman than he possessed before. By the constitu- tion of the United States, negroes and mulattoes are not citizens. He viewed them as wards of the state: some were taxed and some voted; but they never were citi- zens.
Mr. Fuller said that the judiciary committee had re- ported this bill on principle. If one of the parties to the marriage contract be of good character, and the other infamous, he had understood that a divorce would be granted. If they were not excluded from the courts, why exclude them from the legislature? IIe did not think it necessary in this case to decide the question of citizenship; if it were so, he thought it might be deter- mined in favour of the blacks. In New Jersey free blacks are citizens, and this case comes within the prin- ciple of the whites.
The bill was lost-yeas 33, nays $8.
MASTER AND APPRENTICE.
Before KING, President, and his Associates, Judges of the Court of Common Pleas for the city and county of Philadelphia, January 14th, 1832.
Commonwealth ex relatione Lecture against Senneff.
This case came before the Court upon a Habeas Cor- pus sued out on behalf of Samuel Lecture, by his father William Lecture, against George Senneif the respon- dent. By the return endorsed on the writ, it appeared that the respondent claimed to hold said Samuel Lec- ture, by virtue of an indenture of apprenticeship, dated the-day of-, 1827, executed before Alderman Badg- er by the said apprentice, by and with the consent of his mother Elizabeth Lecture, by which he put himself ap- prentice to the respondent, to learn the trade of a house carpenter, and to continue with him until the age of twenty-one. It also appeared by the testimony of wit- nesses, that the father, William Lecture, a respectable man, was absent from the city on business when the in- denture was executed, having previously made ample provision for the support of his family during his ab- sence, and was not aware of its execution until his re- turn. On its heing mentioned to him, at first he was dissatisfied, but finally said, if the boy was satisfied to stay he was content. Subsequently, however, he be- came dissatisfied with the place, and often threatened to take his son away, but omitted taking legal steps to ef- fectuate such object until the present time.
On these facts the question raised was, whether under the act of Assembly of the 29th of September, 1770, (Purd. Dig. 10,) the binding was valid, the father's consent being wanting to the indenture at the time of its execution?
Joseph M. Doran, of counsel for the relator.
Joseph A. Clay, of counsel for the respondent.
KING, President .- This case is clear of all difficulty. Hlad the father immediately on his return home adopt- ed measures to test the validity of the indenture, and brought the matter judicially before me, I should then have said, without hesitation, that the binding was ille- gal for want of his consent, and would at once have or- dered the boy to be discharged; but inasmuch as he has neglected the adoption of those measures, and has thus acquiesced in the apprenticeship for four years and up- wards, I consider such conduct as equivalent to his ex- press consent, and therefore sufficient to confirm the in- denture. It would be monstrous, as it certainly would be unjust, for any man with such strong proof of con- sent before his eyes to say that it did not virtually exist here, and to pronounce the indenture invalid, merely for- sooth, because the father was not a party thereto when it was executed before the alderman.
I am of opinion that the master has shown satisfactory reasons for the detention of Samuel Lecture, and accor- dingly direct that the apprentice remain in his custody.
Important decision to Tavern-keepers and Stage Owners.'
UNITED STATES, US. SIMON LINGLE.
January Sessions, A. D. 1832, before his Honor Judge Blythe and his associates, came on for trial the follow- ing prosecution:
79
STATEMENT OF COAL.
1832.]
Simon Lingle, the defendant was indicted by Bene- zer Hale, contractor for carrying the mail from Harris- burg to Pottsville, under the authority given to State Courts, by the act of Congress passed in 1825. For wilfully and knowingly retarding the progress of the mail of the U. States.
The facts of the case as given in evidence were as fol- ' lows: Benezer Hale, the contractor for carrying the mail from Harrisburg to Pottsville, had kept one set of horses, at the defendant's, Simon Lingle, who kept a tavern; being the first place for changing from Harris- burg. Mr. Hale, had made arrangements with another tavern-keeper, and directed his driver that when he left Mr. Lingle's, this particular morning, he should not bring the horses back. Mr. Lingle, discovering that the horses were going to be removed, locked the stable door, and would not let the set of change horses out of the stable, until his bill of keeping was paid. In con- sequence of his detaining the fresh horses, the stage went no further, (the mail was sent on by horse by the defendant.) This was the grounds for the above prose- cution Ilis Honor Judge Blythe, in laying down the law, charged the jury, that the holding of the horses by virtue of the lien which tavern-keepers have on all horses fed by them, was no offence, and was not a wilful re- tarding the passage of the mail. That horses, stages, and drivers, when not actually engaged in carrying the mail from one stage to another, were subject to the laws of Pennsylvania; and that the act of Congress only ap- plied to persons, horses and stages, when actually en- gaged in carrying the mail.
Verdict for the defendants.
BANK OF THE UNITED STATES.
Washington, Jan. 21, 1832.
CONGRESSIONAL ANALYSIS .- In the Senate yesterday, Mr. Benton asked leave to introduce the following joint resolution.
A joint resolution declaratory of the meaning of the charter of the Bank of the United States, on the sub- ject of the paper currency to be issued by the Bank :
Resolved, by the Senate and House of Representa- tives of the United States of America, in Congress as- sembled, That the paper currency, in the form of orders drawn by the Presidents of the Offices of Discount and Deposite, on the Cashier of the Bank of the United States, is not authorized by any thing contained in the charter, and that the said currency is, and is hereby de- clared to be illegal, and that the same ought to be sup- pressed.
Mr. Benton supported the motion in a speech three hours long, and it was opposed by Messrs. Dallas, Buckner, Webster, Wilkins, Bibb, Chambers, and Smith; and further supported by Messrs. Forsyth, Mil- ler, Kanc, Marcy, and Tyler. The question being ta- ken, leave to introduce the resolution was refused as fol- lows:
YEAS -Messrs. Benton, Budley, Ellis, Forsyth, Grundy, Hayne, Hill, Kane, Mangum, Marcy, Miller, Moore, Tazewell, Troup, Tyler, White-16.
NAYS-Messrs. Bell, Bibb, Buckner, Chambers, Clayton, Dallas, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnson, King, Knight, Naudain, Prentiss, Robbins, Robinson, Seymour, Silsbee, Smith, Tipton, Tomlinson, Webster, Wilkins-25.
The Speaker presented the memorial of the President and Directors of the Bank of Pennsylvania, praying a re- charter of the Bank of the United States. On motion nf Mr. Wickliffe, it was referred to the committee of Ways and Means, with the following instructions to said com- mittee:
"To enquire into the expediency of reporting a bill to incorporate a new Banking Company, to take effect and go into operation after the expiration of the charter of the Bank of the United States, reserving
one-third of the capital in said Bank, for the United States, together with a sufficient bonus on the charter; one-third to be subscribed for by such of the stockhold- ers in the presert Bank, as may be citizens of the United States, the other third to be taken by such citizens of the United States, as may desire so to invest their surplus capital.
"That they also enquire into the expediency of pro- hibiting the Bank from dealing in or holding real estate, except for the mere purposes of Banking houses and houses necessary for the transaction of the business of the company.
"Of prohibiting the location of any Branch in any State, without the consent of the Legislature of such Statc.
"And also, of so forming the charter, that the Legis- latures of the several states shall and may exercise the power when they deem it expedient to do so, of imposing a fair and reasonable tax upon the capital employed, in any Bank or Branch of said bank, within the jurisdiction of such state; and also to subject the said corporation to be sued in the District or Circuit Court in any state, where they may have a Branch located, and the cause of action accrued."
We are indebted to an obliging correspondent in Philadelphia for the following
STATEMENT
Of the quantity of foreign Coal imported into, and ex- ported from the United States for each year, ending on the 30th of September, from the year 1820, to 1831 inclusive, both taken from the annual returns of the Sceretary of the Treasury to Congress, also the bal- ance in bushels remaining for consumption reduced into tons of 28 bushels each-with the aggregate amount of Lehigh, Schuylkill, aud Lackawanna (Anthracite) coal mined and brought to market at tide water, from the commencement of that business in the year 1820, taken from the statement compiled and presented to the convention of the friends of Domestic Manufactures, held in New York, in October last:
1830
1829
1828
1827
18.6
1825
1824
1823
1922
1821
1820
Years.
1640,295
1272,970
906,200
1127,388!
970 021
722,255
764,815
854,983
970,828
627.737
Bushels Imported.
12480 1,627,815 58,136
4758 1,268 212 45,295
904,477 32,342
180|1,127,208| 40,257|
968,941 34,605
718,075 25,645
762,401 27,228
852,137 30,433
966,661 34,523
619,419| 22,122
Bushels remain- ing for consump- tion:
Equal to tons of 28 bush. cach.
174,925
112,083
77,395 61,6611
48,047
33,393
9,541
5,823
2,440
1,073
365
233,061
157,376
109,697
101,918;
82,652
59,038
36,769
36,256
36.963
23,195
365
Bushels Exported.
1743
10801
4140
2414
2846
4167
8318
Anthracite tons of 28 bus. each.
Total.
For 1831, up to the 22d October, 140,948 tons of An- thracite had been brought to tide water. In conse- quence of the stoppage of canal navigation by ice a month carlier than usual, it will probably not exceed 180, 000 tons. - Miners' Journal.
80
MISCELLANEOUS.
[FEBRUARY
The subjoined statement of the number of fires that occurred in this city, in the course of the year 1831, with the amount of damage and the proportion insured, is from the list kept by the Recorder of the PENNSYLVA- NIA FIRE COMPANY, and read to the members, every month, at their stated meetings. Its accuracy may be relied on: for the Company, composed entirely of gen- tlemen of great respectability, is not less remarkable for the care and order with which its in-door affairs are conducted, than for the activity, skill and courage, dis- played by its members when called out for active ser- vice :-
FIRES
1831
DAMAGED.
INSURED.
5
January,
$ 7,109 96
$ 4,596 56
9
February,
2,310 00
240 00
4
March,
10,366 00
4,396 00
9
April,
4,975 00
410 00
5
May,
5,195 00
3,065 00
6
June,
10,126 56
5,120 00
1
July,
19,640 00
6,000 00
5
August,
13,320 00
7,875 00
2
September,
400 00
6
October,
10,670 00
9,400 00
4
November,
1,610 00
895 00
7
December,
21,250 00
9,750 00
63
$106,972 52
$51,747 56
Amount Insured,
$51,747 56
Do. not Insured,
55,224 96
Total,
$106,972 52
PUBLIC MEETING.
At a town meeting of the citizens of this city and coun- ty, convened on Wednesday, 1st inst. at the county court house, to take measures for the suitable celebra- tion of the Centennial anniversary of the birth of WASH- INGTON.
On motion of General Robert Patterson, the meeting was organized by calling Benj. Richards, Esq. to the · chair, and A. McCaraher and John Miles were appoint- ed secretaries.
The following preamble and resolutions were offered by J. R. Ingersoll, Esq. which were unanimously adopted. The citizens of Philadelphia and its vicinity, animated by the liveliest emotions of gratitude for the great ser- vices rendered to their country by GEORGE WASHING- TON, for the unblemished purity of his principles in life, and the imperishable example afforded in his actions to the nation and to mankind, deem it an inestimable pri- vilege and a sacred duty, to contribute by every means in their power to the diffusion of his glory, and the pre- servation of his fame. They are sensible that public honours cannot add to the brightness of a reputation which time and its own unquestioned merits have alrca- dy removed beyond the assaults of envy and the reach of praise. But they feel that in paying a tribute of ho- nour to the father of the republic, they do honour to themselves. For the bounties and the blessings which they now enjoy, they acknowledge themselves indebted more than to any other human means, to the combina- tion of fortitude, wisdom, and valor, which marked his conduct in war-to the dignified forbearance and en- lightened love of country which guided his councils in peace-to the almost inspired humility which accompa- nied him into retirement, and shone forth from the re- cesses of his private life.
A hundred years have now elapsed since the birth of this unequalled man. None of us are so aged as to have been living when that event occurred. None are so young as to hope to celebrate the return of another century. Let us now rejoice in our power to record the enthusiasm with which this generation cherishes his virtues, and to transmit to the yet unborn millions of another age, our humble example of devotion to prin- ciples which were embodied in the life, and will conti-
nue to shed their influence from the character of WASH- INGTON. .
Resolved, That the citizens of Philadelphia and its vicinity will celebrate, with civic honours the 22d of February, 1832, as the centenary birth-day of George Washington.
2. That the arrangements be referred to a committee, with instructions to make public, at an carly day, the preparations they shall have made for carrying into full effect the intentions of this meeting.
3. That a committee of arrangement be now appoint- ed, consisting of 24 persons, with full power to take order according to the spirit of these resolutions.
On motion of Walter R. Johnson, Resolved, that on occasion of the approaching Anniversary of the birth day of Washington, it be respectfully recommended to our fellow citizens to abstain, at least during the hours set apart for the observance of the day, from their usual business occupations, in order that all classes of our citi- zens may have an opportunity of testifying the deep veneration which all entertain for the memory of that first of patriots and of men.
On motion Resolved, That the military of this divi- sion, and the surviving soldiers of the Revolution, resid- ing in the city and county, be especially invited to par- ticipate in the proposed celebration.
The following gentlemen were appointed to act on the committee of arrangement, the meeting having re- solved that the chairman and secretaries should form a part of that committee:
William Rawle, Benj. W. Richards,
Alexr. McCaralier,
Joseph R. Ingersoll,
Josiah Randall, Robert Patterson,
Walter R. Johnson,
Col. C. G. Childs,
Thomas M. Pettit,
Henry D) Gilpin,
James Page,
William M.Inor, jr.
Thos. Cadwalader,
Charles S. Coxe,
Benj. Chew, Jr. John Miles,
Kenderton Smith,
Jacob Frick,
George N. Baker,
Isaac W. Norris,
Robert A. Parish,
Thomas H. Craige,
Richard Palmer,
James Ronaldson.
BENJAMIN W. RICHARDS, Chairman.
Alexander McCaraber, John Miles,
Secretaries.
THE REGISTER.
FEBRUARY 4, 1832.
· After a considerable thaw for several days, and some rain-the navigation was so far open on the 22d and 23d ult. as to admit of some arrivals; on the 24th it rained, and scarcely any ice was to be seen in the river. On the 25th there was a fall of snow to the depth of a few inches; and some sleighs were in motion. On the 26th it was excessively cold-and by many considered the coldest day we have had this winter-and the river was again closed. On the morning of the 27th, at 7 o'clock, a Thermometer, at the western part of Chesnut street, stood at 3 below 0. Since then the river re- mained closed till Wednesday or Thursday -last-but now it is open and vessels arrive.
Printed every SATURDAY MORNING by WILLIAM F. GED- DES, No. 9 Library Street. Philadelphia; where, and at the PUB- LICATION OFFICE; IN FRANKLIN PLACE. second dunr back of the Post Office, (front ronm) subscriptions will be thankfully re- ceived. Price FIVE DOLLARS per antrim, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.
HAZARD'S REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. IX .- NO. 6. PHILADELPHIA, FEBRUARY 11, 1832. NO. 215.
From the Hartford Times. LITERARY CURIOSITY.
A manuscript copy of the following letter was placed in our hands by a friend, who found it among the mis- cellaneous contents of a sack of paper rags, collected by a pedlar in the southern states. The style of its penmanship is antique, but elegant. The letter itself is distinguished by uncommon eloquence and powers of persuasion. It appears to have been written by the Rev. JACOB DUCHE, a minister of the Episcopal church, and for a short time chaplain to the first Continental Congress, and it is addressed to "His Excellency, Gen. WASHINGTON." -- It is probable this letter has been pub- lished before, but we have no recollection of it; and, thinking it cannot fail to interest our readers, and im press them, as it has us, with a still more exalted vene- ration for a man who rose superior to the discourage- ments of circumstances, and the reduction of false friends, we lay it before them.
Philadelphia, Oc'. 8th, 1777.
Sın-If this letter should happen to find you in coun- cil, or in the field, before you read another sentence, I beg you to take the first opportunity of retiring, and weighing well its important contents.
You are perfectly acquainted with the part I have ta- ken in the present unhappy contest. I was indeed among the first to bear iny public testimony against having any recourse to threats, or even an armed oppo- - sition. But the torrent soon became too strong for my feeble efforts to resist. I wished to follow my country- men as far only as virtue, and the righteousness of their cause would permit me. I was however prevailed up- on among the rest of my clergical brethren, to gratify the pressing desire of my fellow citizens, by preaching a sermon to one of the city battallions. I was pressed to publish this sermon, and reluctantly consented. From a personal attachment of near twenty years' standing, and a high respect for your character in private as well as public life, I took the liberty of dedicating it to you. I received your thanks for my performance, in a letter, wherein you expressed in the most delicate and obliging terms your regard for me, and your wishes for a conti- nuance of my friendship and approbation of your con- duct. Farther than this I intended not to procced My sermons peaks for itself, and utterly disclaims the idea of Independency. My sentiments were well known to my friends; I communicated them without reserve to many respectable Members of Congress, who expressed a warm approbation of them. I persisted in using the public Prayers for my Sovereign, and the royal family, to the very last moment, though threatened with insults from the violence of a party. On the declaration of Inde- pendency, I called my vestry and solemnly put the question to them, whether they thought it best for the peace and welfare of the congregations, to shut up the churches, or to continue the service, without using the petitions for the royal family. This was the sad alterna- tive. I concluded to abide by their decision, as I could not have time to consult my spiritual superior in Eng- land. They deemed it most expedient, under such critical circumstances, to keep open the churches, that the congregations might not be dispersed, which we had
great reason to apprehend. A very few days after the fatal declaration of Independency, I received a letter from Mr. Hancock, sent by express to Germantown, where my family were for the summer season, acquaint- ing me that I was appointed Chaplain to the Congress, and desired to attend at nine o'clock the next morning. Surprised and distressed by an event I was not prepared to expect, obliged to give an immediate answer without an opportunity of consulting my friends, I rashly ac- cepted the appointment. I could have but one motive for taking this step. I thought the Churches in danger, and hoped by this means to be instrumental in prevent- ing those evils, I had so much cause to apprehend. I can, however, with truth declare, that I then looked up- on Independency rather as an expedient, and an hazard- ous one indeed, thrown out in Terrorem, in order to procure some favorable terms, than as a measure that was seriously to be persisted in at all events. My sud- den change of conduct will clearly evince this to have been my idea of the matter Upon the return of the committee of Congress, appointed to confer with Lord Howe, I soon discovered their real intentions. The dif- ferent accounts, which each member gave of his cun- ference, the time they took to make up the matter for the public view; and the amazing disagreement between the newspaper account, and the relation I myself had from the mouth of one of the committee, convinced. me, that there must have been some unfair and unge- nerous procedure. The determination to treat on no other ground than that of Independency, which put it out of his Lordship's power to mention any terms at all, was a sufficient proof to me, that Independency was the idol which they had long wished to set up, and that, rather than sacrifice this, they would deluge their coun- try in blood.
From the moment I determined upon my resignation -and, in the beginning of October, 1776, sent it in form to Mr Hancock, after having officiated only two months and three weeks, and from that time, as far as my safety would permit, I have been uniformly oppo- sed to all their measures. This circumstant.al account of my conduct I thought due to the friendship you were so obliging as to express for me, and I hope will be sufficient to justify any seeming inconsistencies in the part I have acted And now, my dear sir, suffer me, in the language of truth and real affection, to address myself to you. All the world must be convinced, that you engaged in the service of your country, from motives perfectly disinterested. You risked every thing that was dear to you. You abandoned all those sweets of domestic life, of which your affluent fortune gave you an uninterrupted enjoyment. But had you, could you have had the least idea of matters being carried to such a dangerous extremity, as they are now? Your most intimate friends at that time, shuddered at the thought of a separation from the mother country; and I took it for granted, that your sentiments coincided with theirs. What have been the consequences of this rash and vio- lent measure' A degeneracy of representation, con- fusion of councils, blunders without number. 1 he most respectable characters have withdrawn themselves, and are succeeded by a great majority of ill.beral and violent men Take an impartial view of the present congress. What can you expect from them?' Your
VOL. IX. 11
82
LITERARY CURIOSITY.
[FEBRUARI
feelings must be greatly hurt by the representation from your native province. -
You have no longer a Randolph, a Bland, or a Brax- ton .- Men, whose names will be ever revered, whose demands never ruse above the first grounds on which they set out, and whose truly generous and virtuous sen- timents, I have frequently heard with rapture from their own lips. O, my dear sir, what a sad contrast! Characters now present themselves, whose minds can never mingle with your own. Your Harrison alone remains, and he, disgusted with his unworthy associate. As to those of my own province, some of them are so obscure, that their very names have not met my ears before, and others have only been distinguished for the weakness of their understandings, and the violence of their tempers. One alone I except from the general charge, a man of virtue, dragged reluctantly into their measures, and re- strained by some false ideas of honor from retracting, after having gone tuo far. You cannot be at a loss to discover whose name answers to this character. From the New England provinces can you find one, that as a gentlemen, you could wish to associate with, unless the soft and mild address of Mr. Hancock can atone for the want of every other qual fication, necessary for the sta- tion he fills? Bankrupts, attorneys, and men of desper- ate fortune, are his colleagues. Maryland no longer sends a Tilghman, and a protestant Carroll. Carolina has lost her Lynch, and the elder Middleton has retired.
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