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 35
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Your committee having thus given a sketch of the lottery history of the eanal company as coneise as the perfeet understanding of the subjeet will permit, they now beg leave to present to the House as well the construction of the privileges contended for by the company and their assignee as the conclusions to which the committee have arrived after the patient and atten- tive examination they have bestowed upon the sub- ject.
the publie faith, as given in the act of eighteen hun- dred and twenty-one, already recited; that under the sanction of the commonwealth Mr. McIntyre, had en- gaged in extensive contracts and relations which it would be difficult or impossible to close, short of the limit of his last engagement; and that the resumption of the grant would involve the company, Mr. M'Intyre, and the purchasers of unfortunate tickets in endless and vexatious law suits. But assuming this to be true, the committee are of opinion that the consequences that would flow from any decision adverse to the lottery privilege as pursued, cannot enlarge or limit the extent of the grant, or the construction of the acts of Assem- bly, and that the continuance of the evils of such an extensive system of gaming is more pernicious than all the disasters that can possibly flow from measures of restriction; and that however indulgently the commit- tee may be disposed to look upon those who may be zealously, though erroneously, pursuing their endea- vours to promote the public weal, they cannot extend an ill-judged lenity, to those who are seeking their own advantage, regardless of its injurious operation upon the happiness of their fellow citizens. It certainly does not become those who run into errors to fill their cof- fers at the expense of public morals, to complain of the sad consequences to which they may be reduced by the withdrawing of privileges which they should never have exercised. But the committee eannot acquiesce in the opinion that any disastrous results will be experienced even by the participites criminis from closing these ave- nues of ruin and vice.
The faith of the commonwealth is pledged, it is true, to the new subscribers for the receipt of six per cent. on their subscription of four hundred and fifty thousand dollars, subscribed by them in consequence of the pas- sage of the aet of eighteen hundred and twenty-one. But that pledge is only conditional, and to attach, under a certain concurrence of circumstances. But who are these new subseribers, in what relation do they stand? The counsel who argued for them ingeniously enough, seemed to wish them to be viewed as a body detached from the company, and to have the engagement of the state to them considered as distinct from a pledge to the company; but they are in fact the company. They would have constituted a portion of the company ipso faeto, by the very aet of subscription itself, but the fourth seetion of the actof eighteen hundred and nine- teen, as if for fear any one would be so absurd as to question their incorporation with the rest of the sub- seribers, expressly confers upon them "authority to exereise when organized, all the privileges and immu- nities conferred on the (then) present stockholders." They constitute therefore a constituent portion of the company, and a very large portion too, when we eon- sider that the old stock of the company is but one hun- dred and forty seven thousand, six hundred dollars, whilst the new (independent of the fifty thousand dol- lars held by the state, ) amounts to four hundred and fifty thousand dollars, nearly three-fourths of the whole capital of the corporation. The pledge of the corpo- ration therefore was in reality to the company, especial- ly when we reflect that the new subscribers in fact have the exclusive management, and refuse participation in its direction to the old ones. If therefore the company have transgressed the conditions of the grant; if they have fully enjoyed what was tendered to them, their claims upon the state are exhausted. She had only pledged her faith to furnish what would be wanted to pay six per cent. to stockholders, provided the avails of the privilege of raising money by lottery, and the nett proceeds of the tolls, were not adequate to do so. The case therefore resolves itself into this question, has the company raised by way of lottery all they were author- ized to raise, have they had the full enjoyment of the privilege of drawing lotteries, have they by themselves and their assignees, raised from the nett proceeds of
In the first place it was ardently contended by the counsel of the company and their assignee, that the new subscribers had vested their money upon the pledge of their schemes as much as would pay up the six per
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1832.]
cent. upon the stock to this period, or for the twenty- five years; or if not would the nett proceeds of the tolls, if applied to such purpose, be sufficient? If they have raised the money they were authorized to raise by way of lottery, if they have enabled their assignees to do so by incautiously disposing of the power for less than it is worth, or if the tolls hereafter will cover the six per cent. upon the stock for twenty-five years from eighteen hundred and twenty-one, the state is liberated from her pledge for the peculiar circumstances under which her liability was to arise, cannot occur, her en- gagement being expressly confined to supplying any deficiency in the sums to be raised by the lotteries and tolls of the company.
The committee have not deemed it necessary to in- vestigate the point, whether the grant under which the lottery privileges are enjoyed, is to be construed most favorably for the commonwealth or the company, for the natural and obvious meaning of the act requires not the introduction of the doctrine. And before they state their grounds of construction, they conceive it proper to say that they consider it immaterial to the correct understanding of the privilege, whether it were conferred as a bounty, or for any other purpose. They hold that grants, by way of bounty, are as precise in their limits, as any other legislative enaetments, and to he scrutinized upon the same principles. Consider- ing the gift of the lottery privilege as a bounty, may be important when viewing it in reference to the applica- tion of its proceeds, but the committee cannot perceive what operation the viewing it in that light can have upon the ascertainment of its limits.
It was argued for Mr. M'Intyre, that he had embark- ed in heavy contracts upon the faith of the common- wealth, and was therefore entitled to the most favor- able aspect that the subject was susceptible of. But granting the position to be correct, the committee are of opinion that even the most favorable view of his rights will not place him in the light he desires. It is certainly a well settled principle of law and common sense, that he who buys can obtain by the purchase no- thing but what the vendor has a right to sell. When Mr. M'Intyre, therefore, purchases from the company what they had no right to dispose of, he acquires no- thing by his purchase. If he is willing to enter into a contract for a privilege that is doubtful in its terms, and uncertain in its tenure, he must take his chance, and has no right to call upon the legislature to place him on more stable grounds than he has assumed himself. The able counsel under whose auspices he operates, must certainly have informed him of the slippery nature of his purchase, and it is probable the glittering prospect of success may have tempted him to venture. His con- tract for enormous gains was but a lottery, and if he has this time drawn a blank, he cannot complain with any propriety when he reflects how many blanks he has sold to others. But the act of Assembly, with pe- culiar caution, and as if to put an assignee of the com- pany out of any conceit that he could purchase what they had no right to sell, and to prevent his clothing himself with the pretence of claiming more than he bought, expressly enacts that those who are purchasers or assignees, shall be vested for the term they shall so . acquire, with the same rights and privileges as the said corporation. Now surely, independent of the ordinary dictates of law and common sense,if a purchaser can ac- quire only the same right held by his assignor, he has no pretence to claim any thing more.
[ To be Continued.]
GREAT FLOOD.
BLAIRSVILLE, (Penn. ) February 9.
The Conemaugh River, at the present time, is unu- sually high. Some apprehensions are entertained for the safety of the new Dam at Leechburg. It is to be hoped, however, that these may not be realized; more,
especially, at the present time, as the public-to say nothing of the great loss which would be sustained-are very desirous, since our canal men evinced so much "perseverance," "energy," and "efficiency," in the build- ing of the new Dam, that they should have a short re- spite from their labors.
POSTSCRIPT. - Since writing the above, we regret to state, serious injury has been sustained to the Canal op- posite this place. The heavy embankment between the Canal Lock and the Dam has nearly all been swept away, and with it the Saw Mill. The lock is materially injured, having fallen in. We have no information from below of the extent of damage sustained; but it must, undoubtedly, be great. The Dam at this place, since the embankment has been carried away, is left in a very precarious state, and fears are entertained for its safety. In our next we shall probably be able to give the particulars; and we would not be much surprised to find the amount of injury to be so great as to preclude the practicability of rendering this portion of the public improvement of any benefit during the whole of the ap- proaching season. We hope however, for the best .- Conemaugh Republican.
DISTRESSING FLOOD AT PITTSBURG.
The following extract of a letter dated Pittsburg, Friday, February 10th, 1832, was politely furnished us by a friend:
"To-day we had one of the greatest floods within the recollection of the oldest inhabitants. At this place, the water of both rivers rose at once, to such a prodi- gious height, as to overflow one entire side of the town. The water was up in St. Clair street as far as Market street, overflowing in its course' the Exchange, the Washington Coffee-House, Mr. MeDonald's, and all the other buildings between Market street and the river, and is up in Wood street as far as Second street. The depth in St. Clair street is such that the inhabitants were obliged to use carriages and boats to get in and out of their houses. The distress caused by this flood among the poor it is impossible to describe. Hundreds are this night without a shelter.
I saw several families getting out of their second story windows in boats, to save themselves, and when landed, their case was distressing beyond description. Great fears are entertained about the aqueduct and bridge, the water being above the weatherboarding, and the upper sides being jammed with drifts of every descrip- tion. The damage up the Allegheny is immense. Houses, stables and hay stacks have been afloat, and live cattle with them, pig-pens, &c. Several houses in Allegheny town were destroyed. In lumber, &c. the losses are great. The flood has been much more de structive than the great flood, twenty years ago, called the Pumpkin flood, and both rivers are still rising. The town is in the greatest commotion imaginable.
Extract of another letter, dated Williamson's Exchange, Pittsburg, Feb. 10, 1832.
I write this surrounded by the roaring and surging waters. On Wednesday morning the water began again to rise, after having fallen a little since the other freshct. They are now about 20 feet above low water mark, and nearly a foot higher than what is called the Pumpkin flood in 1810, which was the highest ever known. The aqueduct across the Allegheny, which is about half a mile above the bridge, is in imminent dan- ger, the water being up to the flooring. Immense quantities of drift wood, trees, houses, shantees, hay stacks, &c. &c. have lodged against it, and threaten it with destruction. The current is tremendous. I sup- posc there could not have been fewer than five thousand persons gazing at it when I left it, (about an hour ago,) who were momentarily expecting it to be carried away. If it goes, the beautiful bridge must go too.
Nearly the whole lower end of the city is inundated. Just now a large canal packet was poled up a square
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GREAT FLOOD.
[FEBRUARY
from the Allegheny, to relieve some families. All the houses on the opposite bank of the A. and the greatest part of those on this side, are deserted, the water being up to the second stories. Our hotel has five or six feet of water in the whole basement story.
The distress among the poor will be immense, many escaping last night with nothing but the clothes they had on. Boats, rafts, &c. are going about in every di- rection, saving lives and furniture. If it should rise two or three feet more, the whole city will be flooded. There is now about three feet of water in the street, in front and on the side of us, and rising every minute, cut- ting us off totally from any communication with the city, except by means of rafts or boats.
We have just returned from the aqueduct, having to go out through a back alley and a stable yard. An im- mense concourse of people were yet waiting to see the "sport," but were all disappointed. An incredible quantity of drift is yet coming down, choking the pas- sage of the water under the aqueduct. While we were there, several large stacks of hay came down and lodged, lath and shingles by the thousand, whole piles of boards, &c. A shantee came floating down, with a hog on the top. It was shattered to pieces, and poor grunter was drawn under and probably met with a "watery grave," The water is much deeper in the streets, and boats, bat- teaux, canoes, and whatever else can be procured, are rowing and poling about for relief of families.
Extract of a letter, dated
PITTSBURG, Feb. 10.
We are at this moment (12 M. ) in the midst of a scene of awful devastation. Our rivers have overwhelmed us; a large portion of the city is under water; and the su- burb, Allegheny, in which I reside, is almost totally im- mersed. The water is nearly two feet in all my lower apartments, and we have taken shelter, in the second story. We are upwards of two hundred yards from the nearest dry land. Our noble Allegheny bridge yet stands, as well as the aqueduct above. Whether they will maintain themselves is doubtful, as the rivers are still on the rise.
Immense damage is already done. Houses and barns have floated past us, and the whole country above seems to have been swept; though we know of no lives yet lost, it is more than probable many are. A hasty scrawl. Yours, &c.
PITTSBURGH, Feb. 10, 1832.
Dear Sir,-We are at this moment immersed by one of the highest floods ever known in this place .- The height of the water now exceeds the great flood of 1810 by about two feet.
For the last four hours, the water has risen but little, and we therefore hope the flood has nearly reached its maximum height.
Great apprehensions are entertained for the safety of the aqueduct. The lower part of it has been immersed since noon, and is now several feet under water. Im- mense masses of floating lumber have lodged against it, and are now pressing it with great force; but thus far all is safe. Multitudes have thronged the vicinity for the last eight or ten hours, expecting every moment to see the whole swept off. The lower parts of Penn and Liberty streets are flooded; and the water is three feet deep on the pavement at the Exchange. The water extends up Wood to Second street. Several dwellings have been swept off from the low grounds in Allegheny, and some few from the Pittsburg side of the river. We do not hear that any lives are lost.
In haste, yours, MAJOR WADE.
Friday Evening, 8 P. M.
We have been favoured by Mr. Hays of the Senate, with the following extracts of letters, received by him to-day.
PITTSBURG, Feb. 10, 10 o'clock, P. M.
In consequence of the severe rains we have had, there is at this moment, a higher flood in the Allegheny and Ohio rivers, tban has been witnessed by the oldest inhabitants. The water is now about two feet higher than at the famous pumpkin flood, about twenty years ago. All Alleghenytown, below the second bank, is under water, from 6 to 12 feet deep. A steam-boat was sent over to relieve the sufferers, and anchored in Wm. Robinson's garden, in front of his house. The water is up on the weather-boarding of the aqueduct. A great deal of drift wood is lodged against it, and is constantly increasing; and it is believed, if the river rises for the next two hours, as it has for the last ten, that the aqueduct and bridge will both go.
Your house is surrounded with water, and your cellar full. I think it highly probable that the western divi- sion of the canal will sustain immense injury. I fear we shall have a sorry account to-morrow of aqueducts, dams, culverts, bridges," &c.
PITTSBURG, Feb. 10.
Dear Father-I hasten to inform you of one of the most distressing floods that ever happened in the west- ern country. The river is so high that while I am now writing our cellars are filled with water-our tan yard is overflowed, and the flood is still rising. The water is up to the aqueduct, and we are looking every moment to see it and the bridge swept away. A horse can al- most swim at the corner of Fourth and Liberty streets. The whole bottom of Alleghenytown is overflowed, and in some places up to the 2d story of the houses.
PITTSBURG, FEB. 14."
On Friday last Pittsburg, Allegheny-town, and the low-land bordering the rivers were visited by the hor- rors and devastations of the greatest flood that ever oc- curred since the erection of Fort Du Quesne by the French. It would be in vain to give the particulars of the loss sustained by our fellow citizens-to describe the perilous escapes from the raging element-or the aların that pervaded the city at the prospect of general inundation. An eye witness of the terrific scene, we can but faintly pourtray the destruction and distress by which it was attended.
On Thursday evening last, in consequence of the im- mense rains that had fallen and the rapid thaw, the rivers rose to an unusual height-many houses adja- cent to the rivers became untenantable. During the night many families were awakened by the flood pouring in- to their dwellings, and many effected their escape at the risk of their lives. The shrieks and cries of the wo- men and children could be heard throughout the night. On Friday the rivers rose with astonishing rapidity- and deluged parts of the city with such celerity that the inmates of dwellings were obliged to fly for personal safety without stopping to save their moveables. But thanks to an overruling Providence, though the inunda- tion was sudden and unexpected, no lives were lost. The untiring efforts of the benevolent were exerted to the utmost to secure the persons and property of their suffering fellow citizens. Great interest was excited with regard to the aqueduct and Allegheny bridge. Thousands were attentive spectators of the triumphant resistance with which the former noble structure re- ceived the rude shocks by which it was assailed. The river rose upwards of a foot above the floor of the acque- duct-large masses of drift wood clustered round the piers and pressed against its whole extent, and notwith- standing these untoward circumstances, it stood the fierce ordeal without sustaing the least injury. Great credit is due to the architect, Mr. Lothrop. The Alle- gheny bridge would have been inevitably carried along with the ruins of the aqueduct.
It is impracticable to estimate the precise amount of damage, but it will not surpass the reality to say it ex- ceeds two hundred thousand dollars. Several weather-
1832.]
GIRARD'S LEGACY.
127
boarded houses were carried away or displaced-bales of cotton and cotton manufactory machinery damaged -lumber, dry goods, groceries, furniture, &c. destroy- ed or injured-and the foundations and the superstruc- tures of brick houses sunk and rent, to such an extent that the above sum would hardly repair the loss.
The rivers rose about thirty-one feet above low water mark-of course this flood exceeded the memorable " pumpkin flood," of November 10, 1810, by about two or three feet. The first flat of Allegheny-town was . completely inundated. In the city, the following ground was submerged, viz: the whole Point to Union street- and generally north of Liberty. The water ascended Wood street to the middle of Second-the corner of Diamond and Jail alleys, and the corner of Market and Liberty streets.
There are numbers thrown by this sudden calamity, on the sympathy and charity of their neighbours. Let us indulge the noblest dictates of humanity, and relieve speedily the wants of the poor and the needy.
COLUMBIA, FEB. 16.
The ice below us at Turkey Hill, has not yet moved: At this place the river is nearly clear of ice-what remains is fast wearing away. The water is about five feet above low water mark.
Our Baltimore mail now comes by the way of Harris- burg, but as soon as the river is clear of ice, and the ferry in operation, the usual direct intercourse with the south and west may be expected.
The damage done at Washington during the late break of the Susquehanna, was very considerable. The water was so high in Front street, that all the people living on it, were compelled to move. The new two- story ware house of A. S. Herr, was taken from its foun- dation and crushed; the wall of the mill owned by ed, that it is feared the whole building will fall; the store-house occupied by Mr. Killy, is much shattered; the distillery of Jacob Manning is thrown into confu- sion; and all the cooper's shops and sheds on the lower side of Front street, are lying helter-skelter. The lumber belonging to Jesse Roberts, was also moved and considerably broken .- Columbia Shy.
"That in compliance with said resolution, they pro- Samuel C. Bonham, of York county, is so much injur -! ceeded to the city of Philadelphia, and immediately communicated a letter to John M. Scott, Esq. president of the select council, and to James Page, Esquire, pre- sident of the common council, in which they informed them af their arrival, and their willingness to co-operate with any committee that might be appointed upon the subject of the will of the late Stephen Girard, Esq. Their communication was regularly referred to the committee on the "Girard fund," and on the subsequent TOWANDA, FEB. 16. day, a letter was received from Mr. Scott, chairman of The late storm filled up the narrows on both sides of the river above this borough, and prevented all travel along the river for several days. We are informed that the snow was five and six feet deep in places. Wherever the road was not travelled as the snow fell, it the committee, (which said letter is hereunto annexed marked A, ) inviting us to meet them the same evening, when a skeleton of a bill would be submitted for our inspection, embracing such provisions as they conceived to be necessary to enable them to carry into full effect is yet impossible to get along with horses, on account ; the will of the late Stephen Girard, Esq. That your of the crust hurting their legs at almost every step they would take. Travelling has not been as bad for many years as it is at present .- Seltler.
MILTON, FEB. 16.
Two arks passed this on Tuesday last, laden with bi- tuminous coal, for the low markets. This, so early in the season, is something unusual.
Such a scene has never before occurred in our neighbourhood, as that produced by the rise of the Ohio river and Big Beaver creek, on Friday and Satur- day last. The water at the junction of those streams was seven or eight feet higher than ever was known be- fore. Bridgewater, Sharon, and Fallston were all inun- dated, as well as the buildings up and down the river. In some of the houses the water was up in the second story, and most of them near the ceiling in the first. A great many light buildings were carried away, together with hay and grain stacks and fences. The loss in the range where the water flowed is incalculable.
Among the sufferers in this vicinity, Stephen Stone, Esq. is the greatest. He estimates his loss at near ten thousand dollars .- His old dwelling house and stable were carried away: and a large new brick house, lately
finished,and which cost about $4,000, is so much injur- ed that it is believed it will fall-a brick kitchen at- tached to it was torn away. Messrs. D. Minis and H. J. Wasson suffered considerable loss, the dwelling house of the latter being swept off. The water was up to the ceiling in Gen. Lacock's house, and his stable and other out houses; fences and hay stacks were all carried away, and his valuable Library destroyed. At Sharon, the Foundry of Messrs. Darragh and Stow was torn away; and at Fallston the Scythe Factory of Mr. D. S. Stone was destroyed, and Messrs. Pughs, Wilson & Co. have sustained considerable loss. The islands above and be- low liave been stripped of every thing, their occupants barely escaping with their lives.
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