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 58

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

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 58

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In principle, there is no difference between the ease under consideration, and questions of boundary which are of daily occurrence. It is as much the province of a jury to determine the limits of a lot in a city or town, as the limits of any tract of land, however large or small. And, if the Court, in a question of boundary may fix the limits of the grant, and then say what the legal effect of it shall be, there is nothing left for the action of the ju- ry.

The deed from Ormsby called for lot designated on the town plat one hundred and eighty-three, bounded by Front street, the river Monongahela, and lots num- bered one hundred and eighty-two, and one hundred and ciglity-four.

The plat of the town which is referred to, as con- taining a designation of the boundaries of the lot, fixes these boundaries as satisfactorily as any natural objects could fix them. Front street, is called for, which lies parallel with Water street, as the northern boundary of

the lot, and the adjoining lots lying east and west of it, are named as the castern and western bourlaries.

From this description, can any one doubt the inten- tion of the grantor, and the understanding of the gran- tee. Does lot one hundred and eighty-three, as mark- ed on the plan of the town, extend to the river? This will not be pretended; nor that lots one hundred and eighty-two, and one hundred and eighty-four, extend to the river. The call for the river then, in the deed in question, is inconsistent with the other calls in the deed. By the town plat, the southern boundary of the lot is li- mited by Water street, and by a call for this boundary it is as fixed and certain, as the call for the river. The same may be said of the eastern and western boundary of the lot. Shall these calls be all disregarded or con- trolled, by the single call for the natural boundary?

In a late case, this Court decided, that a call in a pa- tent for a different'county, from that in which the land was situated, might be controlled, by other calls in the patent. Such was the charge given to the jury, in the Court be- low, and it was sustained by this Court.

The Circuit Court, therefore, instead of saying to the jury, that the calls in this deed and the one to Craig and Bayard were inconsistent with the dedication of the ground referred to, should have instructed them, that the different calls ought to be taken together; and that the call for the river, might be controlled by the other calls in the deeds, if the jury should be satisfied, that such call had been inserted through inadvertence or mistake.

The fourth and last exception taken to the charge of the Court is, that they erred in instructing the jury, " that if a street or streets leading to the Monongahela river were necessary to the enjoyment by the inhabi- tants, of their property in the town, derived from per- sons under whom the plaintiff claimed, they are enti- tled to have them laid off over the land in dispute of right, not of favor; and that the law points out a mode by which thisright may be enforced."

This instruction does not involve a point which was material in the case, and though it were erroneous, it might not afford ground for the reversal of the judg- ment of the Circuit Court. Whether this right existed or not, it is not conceived how it could have any influ- ence with the jury.

The Court seem to refer to the law of Pennsylvania, regulating the opening of a public road. But the esta- blishment of a public road, cannot be claimed as a matter of right. An application must be made, in the first instance, by petition, to the Court of Quarter Ses- sions; a review of the proposed road is directed, and its establishment depends upon the report of the reviewers, and other necessary sanctions. This law, however, it is insisted, could have no operation in the city of Pitts- burg, as streets and alleys arc opened and regulated un- der the corporate authorities, and not the provisions of the road law.

It is not deemed necessary, in deciding the points rais- cd in this case, to notice all the questions discussed by the counsel, in their arguments at the bar. Whether Water street extended to low or high water mark, can be of no importance in the present controversy. Ifits southern boundary be limited by high water mark, it is clear that the proprietors parted with all their right. It is admitted by both parties, that the river Monongahela, being a navigable stream, belongs to the public; and a free use of it may be rightfully claimed by the public, what- ever may be the extent of its volume of water. If Water street be bounded by the river on the south, it is only limited by the public right. To contend that between this boundary and the public right, a private and hostile right could exist, would not only be unreasonable, but against law.

Tench Francis, the attorney in fact for the Penn fa- mily, and the agent who succeeded him, must be consi- dered, for some purposes, as the principal in these transactions. Ilis principals were in Europe, and to his

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LIFE OF CAPTAIN SAMUEL BRADY.

[MARCH

discretion and superintendence, they, of necessity, con- signed the management of their property in this country. The long acquiescence, therefore, in the plan of the town, as returned by Woods, affords a strong presump- tion against the right asserted by the plaintiff below, in this action.

The town was laid out in the spring or summer of se- venteen hundred and eighty-four; no act was done by the proprietors, showing any claim to the land in con- troversy, until September, eighteen hundred and four- teen, when the deed to Wilson was executed. Here is a lapse of about thirty years, within which, no right is asserted by the Penn family, hostile to that which was exercised by the city, in the use of this ground, to the extent which its means enabled it to improve, and the public convenience seemed to require. A title which has remained dormant, for so great a number of years, and while the property was used for public purposes, and necessarily within the knowledge of the agents of the proprietors, is now asserted under doubtful cir- cumstances of right. In some cases, a dedication of property to public use; as for instance, a street, or a public road, where the public has enjoyed the unmo- lested use of it, for six or seven years, has been decmed sufficient evidence of dedication.

The lapse of time, connected with the public use, and the determination expressed by the agent, at the. time the town was laid out, to dispose of the whole of the manor, afford strong ground to presume, that no reservation of any part of the manor was intended to be made; and that the slip of land in controversy was not reserved. These were facts proper for the considera- tion of the jury, in determining the fact of dedication. They were calculated to have a strong influence to re- but the presumptions relied on by the plaintiff, in the court below.

If it were necessary, an unmolested possession of thir- ty years, would authorize the presumption of a grant. Indeed, under peculiar circumstances, a grant has been presumed from a possession less than the number of years required to bar the action of ejectment by the statute of limitations.

By the common law the fee in the soil remains in the original owner, where a public road is established over it; but the use of the road is in the public. The owner parts with this use only; for, if the road shall be vacat- ed by the public, he resumes the exclusive possession of the ground; and while it is used as a high way, he is entitled to the timber and grass, which may grow upon the surfaces, and to all minerals which may be found below it. He may bring an action of trespass against any one, who obstructs the road.

In the discussion of this case, the same doctrine has been applied, by the counsel for the defendant in error, to the streets and alleys of a town. But in deciding the points raised by the bill of exceptions, it is not necessary to determine the question. Where the proprietor of a town disposes of all his interest in it, he would seem to. stand in a different relation to the right of soil, in re- gard to the streets and alleys of the town; from the in- dividual over whose soil a public road is established, and who continues to hold the land on both sides of it. Whether the purchasers of town lots are not in this re- spect, the owners of the soil, over which the streets and alleys are laid, as appurtenant to the adjoining lots, is a point not essentially involved in this case.

If the jury shall find, that the ground in question was dedicated to the public as a street or highway, or for other public purposes, to the river, either at high or low water mark, the right of the city will be established, and the plaintiff in the ejectment must consequently fail to re- cover.

Upon a deliberate consideration of the points involved in the case, this Court are clearly of the opinion, that the judgment of the Circuit Court was erroneous, and it is therefore reversed, and the cause remanded for further proceedings.

From the Blairsville Record. SKETCHES, No. IV.

Of the Life, and Military and Hunting Adventures of CAPT. SAMUEL BRADY, (Continued from page 186.)

Many of Captain Brady's adventures occurred at pe- "riods, at which no certainty as to dates can now be had. The following is of that class.

His success as a partizan had acquired for him its usual results ;- approbation with some, and envy with others. Some of his brother officers censured the Commandant for affording him such frequent opportu- . nities for honourable distinction. At length open com- plaint was made, accompanied by a request, in the na- ture of a demand, that others should be permitted to share with Brady the perils and honors of the service, abroad from the fort. The General apprised Brady of what had passed, who readily acquiesced in the pro- priety of the proposed arrangement; and an opportuni- ty was not long wanting for testing its efficiency.

The Indians made an inroad into the Sewickly settle- ment, committing the most barbarous murders, of men, women, and children; stealing such property as was portable, and destroying all else. The alarm was brought to Pittsburg, and a party of soldiers .under the command of the emulous officers, dispatched for the protection of the settlements, and chastisement of the foe. From this expedition Brady was of course exclud- ed; but the restraint was irksome to his feelings.

The day after the detachment had marched, he so- licited permission from his commander, to take a small party for the purpose of "catching the Indians;" but was refused. By dint of importunity, however, he at length wrung from him a reluctant consent, and the command of five men; to this he added his pet Indian, and made hasty preparation.

Instead of moving toward Sewickly, as the first de- tachment had done, he crossed the Allegheny at Pitts- burg and proceeded up the river. Conjecturing that the Indians had descended that stream in canoes, till near the settlement, he was careful to examine the mouths of all creeks coming into it, particularly from the south east. At the mouth of Big Mahoning, about six miles above Kittanning, the canoes were seen drawn up to its western bank. He instantly retreated down the river, and waited for night. As soon as it was dark, he made a raft, and crossed to the Kittanning side. He then proceeded up to the creek, and found that the In- dians had, in the meantime, crossed the creek, as their canoes were now drawn to its upper or north eastern bank.

The country on both sides of Mahoning, atits mouth, is rough and mountainous; and the stream, which was then high, very rapid. Several ineffectual attempts were made to wade it, which they at length succeeded in doing, three or four miles above the canoes. Next a fire was made, their clothing dried, and arms inspected; and the party moved toward the Indian camp, which was pitched on the second bank of the river. Brady placed his men at some distance, on the lower, or first bank.

The Indians had brought from Sewickly a stallion, which they had fettered and turned to pasture on the lower bank. An Indian, probably the owner, under the law of arms, came frequently down to him, and occasioned the party no little trouble. The horse, too, seemed willing to keep their company, and it required considerable circumspection to avoid all intercourse with either. Brady became so provoked that he had a strong inclination to tomahawk the Indian, but his calm- er judgment repudiated the act, as likely to put to hazard a more decisive and important achievement.

At length the Indians seemed quiet, and the Captain determined to pay them a closer visit; and if in doing so,

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APPRENTICES' LIBRARY COMPANY.

207

he met with a ludicrous adventure, gentle reader, it is no fault of mine.

He had got quite near their fires; his pet Indian had caught him by the hair and gave it a pluck, intimating the advice to retire, which he would not venture to whis- per; but finding Brady regardless of it, had crawled off; when the Captain, who was scanning their numbers, and the position of their guns, observed one throw off' his blanket and rise to his feet. It was altogether im- practicable for Brady to move, without being seen. He instantly decided to remain where he was and risk what might happen. He drew his head slowly beneath the brow of the bank,putting his forehead to the earth for conceal- ment. His next sensation was that of warm water poured into the hollow of his neck, as from the spout ofa tea pot, which trickling down his back over the chilled skin, produced a feeling that even his iron nerves could scarce master. Ile felt quietly for his tomahawk, and had it been about him, he probably would have used it; but he had divested himself even of that when prepar- ing to approach the fires, least by striking against the stones or gravel, it might give alarm. Ile was com- pelled, therefore, "nolens volens," to submit to this "very unpleasant operation, until it should please his warriorship to refrain; which he soon did, and return- ing to his place, wrapped himself up in his blanket, and composed himself for sleep as if nothing had hap- pened.

Brady returned to, and posted his men, and in the deepest silence all awaited the break of day. When it appeared the Indians arose and stood around their fires; exulting, doubtless, in the scalps they had taken; the plunder they had acquired; and the injury they had in- Aicted on their enemies. Precarious joy : short lived triumph; the avenger of blood was beside them! At a signal given, seven rifles cracked, and five Indians were dead ere they fell. Brady's well known war cry was heard, his party was among them, and their guns (mostly empty) were all secured. The remaining In- dians instantly fled and disappeared. One was pursued by the trace of his blood, which he seems to have suc- ceeded in staunching. The pet Indian then imitated the cry of a young wolf, which was answered by the wounded man, and tho pursuit again renewed. A se- cond time the wolf cry was given and answered, and the pursuit continued into a windfall. lIere he must have espied his pursuers, for he answered no more. Brady found his remains there three weeks afterwards, being led to the place by ravens that were preying on the carcase.

The horse was unfettered, the plunder gathered, and the party commenced their return to Pittsburg, most of them descending in the Indian'canoes.

Three days after their return, the first detachment came in. They reported, that they had followed the Indians closely, but that the latter had got into their canoes and made their cscape.

KISKEMINETAS.

APPRENTICES' LIBRARY COMPANY.

Annual Report of the Managers of the Apprentices' Library Company of Philadelphia. With an appen- dix. Read at a meeting of the Company, held at their Rooms, on the 12th of March, 1832, and pub- lished by their order.

In conformity with the provisions of the Charter, the Managers of the Apprentices' Library submit the follow- ing Report of their administration of its affairs for the past year.

The increased number of applicants for books, hav- ing produced a determination in the Board which imme- diately preceded us, to open the Library four nights in each week, instead of two, as had previously been the

practice, measures were adopted immediately after the organization of this board, to adapt the arrangements of the institution to their decision.

These arrangements resulted in causing- the Library to be opened on Monday, Wednesday, and Friday even- ings, and on the afternoon and evening of Saturday of each week, and in such a classification of the appli- cants, as enabled the librarian and his assistant more ef- fectually and beneficially to discharge the trust commit- ted to them.

T'en hundred and thirty-one boys are now participat- ing in the benefits of the institution. The monthly average number for the whole year has been eight hun- dred and thirty-three: and five thousand individuals are estimated to have enjoyed its privileges since it was es- tablished.

Since last report, seventeen members have been added to the company, and the additions to the Library, by purchases and donations, have been six hundred and twenty-three volumes. Two hundred and ninety-four volumes have been rebound, and the Library now con- sists of about seven thousand volumes comprising as valuable a collection of works in science and useful lite- rature, as is to be found in any similar institution in this country.

The minutes of the Committees of Attendance fur- nish evidence of the benefits which this institution is si- Jently, but steadily conferring on the community. The orderly deportment of the boys, the avidity with which instructive books are sought after, and read, and the care which is manifested for their preservation, striking- ly illustrate the meliorating influence of sound literature and knowledge upon mind and manners.

The report of the Treasurer, herewith submitted, exhibits the present condition of the finances; showing an expenditure of two hundred and eighty-nine dollars, and ninety-three cents, for the purchase and binding of books; and five hundred and seventy-one dollars, and eighteen cents for the salaries of the librarians, rent, and incidental expenses of the establishment.

The Board have been careful to guard against the introduction of books of a demoralizing, or useless ten- dency; and at the same time to present to the applicants a collection which would reward the readers, with plea- sure, as well as instruction. That this result has crown- ed their labours, a constantly increasing number of ap- plicants for books, gives the most animating testimony. Numerous as the institutions are in this city, whose pre- tensions to public favour rest on a more attractive basis than the Apprentices' Library, we feel well assured, that none can claim the meed of a widely extended_ patron- age with more justice, than an institution founded for the promotion of orderly and virtuous habits, the diffu- sion of knowledge, and the extension of the benefits of education.

That the efforts of the Company have been success- ful, is manifested in the improved habits of our appren- tices, and in the prevalence of a greater degree of in- formation amongst our younger citizens, whose inquiries after knowledge have been stimulated by a participation in the benefits which this institution has offered to the community. To them particularly, it appeals for coun- tenance and aid: and in commending it to the fostering care and liberal patronage of the public, we trust that it may be provided with abundant means for diffusing one of the best gifts of Heaven.

By order of the Board of Managers, PHILIP GARRETT, CHAIRMAN.

F. FRALEY, SECRETARY.

Philadelphia, March 12th, 1832.

" The Apprentices' Library Company of Philadelphia," in account with Samuel Sellers, Treasurer. From March 14th, 1831, to March 10th, 1832.

DR.

To Balance, To Cash paid Rent, per orders,

$ 3 04 125 00

208

MISCELLANEOUS.

[MARCH

To Cash paid Book Committee,

$250 00 272 02

Salaries,

Printing,

56 82

Honorary members may he elected.

The Academy of Natural Sciences of Philadelphia, the Chester county Cabinet, the Cabinet of Science of Bucks county, the Cabinet of Natural Science of Mont- gomery county, the Library and Reading Room of the Northern Liberties, the Cabinet of Natural Science of York county, the Cabinet of Natural Science of Brad- ford county, and such other similar societies as shall be hereafter erected in this state, under the auspices of this society, shall have a right to nominate to us, annu- ally, one of their members, who (unless some good rea- son can be given to the contrary ) shall for the time be- ing, enjoy all the privileges of members of this institu- tion.

This society shall hold stated meetings twelve times a year, and adjourned meetings as much oftener as they shall think proper. Four meetings at least, if practica- ble, shall take place at the following places, viz: Phila- delphia city, Pittsburg city, and the borough of Harris- burg.

The officers of the Society shall consist of one Presi- dent, a Vice President for each city and county in the state, one Treasurer, one Corresponding Secretary, and as many Assistant Corresponding Secretaries as there are Vice Presidents, to be nominated by the Vice Presi- dents respectively, one Recording Secretary, one Li- brarian; and such other officers as shall be from time to time appointed.

Each member shall pay annually into the hands of the Treasurer, five dollars.

At a meeting of the Society held the 25th day of February, 1832, the following Officers were elected.

President-JOHN B. GIBSON.

Vice President for Philadelphia City-NICHOLAS BIDDLE.

Vice President for Philadelphia County-S. H. LONG.

Treasurer-HENRY S. TANNER.

Recording Secretary-GEORGE FOX.

Corresponding Secretary-P. A. BROWNE.

Ssow .- We were visited with a slight fall of snow on Saturday (March 17th, ) barely covering the ground, together with a slight spitting on Wednesday also. Our low spots still exhibit traces of snow and ice, and the weather continues frosty and cold during the evenings and mornings .- Miners' Journal.

EASTON, Pa. March 13.

We have now a roaring freshet in the Delaware and Lehigh. The Delaware commenced rising the night before last. Yesterday evening it was up to the 18 feet mark on the pier of, the bridge-this morning at 8 o'clock it was at 21. . The water is now 8 feet over the Lehigh dam; until last evening the Lehigh was highest, during the night, the water in the Lehigh fell, and the Delaware got the ascendency. The low lands at South Easton, and Philadelphia road, below the Lehigh bridge, are under water, and the Philadelphia stage had to take the hill road this morning. For some distance below this place, the water covered the tow path of the canal.

There has been a great deal ofice driving on the Dela- ware during last night and this morning-a Durham boat was caught to-day. We have had lots of trees, logs, and slahs, &c. descending .- Whig.

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 door back of the Post Office, (front room) subscriptions will be thankfully re- ceived. Price FIVE DOLLARS per amrim, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribes pay in advancer.

FUNDED STOCK.

Ches. and Del. Canal Loan, $1800

1250

Ground Rent, par value,

1 share Stock, Bank of N. America, par, 400

1 do. Farmers' and Mechanics' Bank, 50

$3500

SAMUEL SELLERS, TREASURER. Philadelphia, March 10th, 1832.

The Subscribers having been appointed by the Mana- gers of the Apprentices' Library Company, to examine and settle the Treasurer's Account, and having attended to that duty, and compared his payments and vouchers, find the Account correct. A balance is due to the Treasurer, of twelve dollars.

SAMUEL MASON, JR. HENRY FARNUM.

3d mo. ( March ) 10th, 1832.

CONSTITUTION

Of the Geological Society of Pennsylvania.

The subjects of this society are declared to be to as- certain, as far as possible, the nature and structure of the rock formations of this state-their connection or comparison with other formations in the United States, and of the rest of the world; the fossils they contain-the minerals in which they abound-their nature, positions and associations, and particularly, the uses to which they can be applied in the arts, and their subserviences to the comforts and conveniences of man.

To effect these desirable objects its members promise to contribute their individual exertions, and to use their influence to have the state geologically surveyed, to assist in making a State Geological and Mineralogical collection, to be geographically arranged, at such place as the society shall appoint; and to disseminate the use- ful information thus obtained by geological maps, charts and essays.

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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 58

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440