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 63

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

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pleasure, we think that the former opinion, before it be adopted, wants some confirmation. Touching the de- rivation of the Mexicans from China or Japan, it may be observed, that the possibility of misinformation as to the existence of the Chinese MIS .- the probability of its being supposititious-and even if genuine, that it may not be true-all combine to cast a shade of much incertitude upon the character of the evidence. It seems to us that nothing less than some permanent, r'a- dical, and characteristic resemblance between two peo- ple, in the absence of direct, unequivocal testimony can countenance the idea of descent. Du Pratz discovers his consciousness of this, in regretting the destruction of the Mexican hieroglyphics, as they might have contri- buted some trifling corroboration to his theory, or slight- ly invalidated the plansibility of his supposition.

For the purpose, therefore, of scanning the subject more closely, let us return to the researches of Du Pon- ceau into the structure of the Indian languages. As he sedulously availed,himself of every available assistance, his accuracy and knowledge are worthy of the most im- plicit reliance. Superadded to the aid derived from Heckewelder, who was intimately acquainted with the Lenni Lenape 'idiom, he laid under contribution the other missionaries of his correspondent's religious per- suasion, who abundantly furnished him with Grammars, Dictionaries, and elementary works compiled or com- posed for their young ministers visiting America. Of the forms and constructions of the Delaware and. Iro- quois, the two principal mother tongues of the coun- try, with which by this means he became conversant, no satisfactory account is given by professor Vater, in his celebrated Mithridates. This great work, it may be incidentally observed, which Du Ponceau seems to have studied with an untiring, assiduous, and enthusias- tic devotion, he pronounces " the most astonishing phi- lological collection the world has ever seen." . The commendation is by no means extravagant, since it is intended to embrace an epitome of all the existing knowledge of the ancient and modern languages of the whole earth, and actually gives specimens of the Lord's Prayer, in nearly five hundred tongues and dialects. Two volumes of this IIerculean prodigy, containing toz gether 874 pages, are devoted exclusively to the Indian languages of North and South America. In addition to these sources of information, every opportunity which presented of conversing with Indians, interpreters, and others, practically skilled in the American languages, was eagerly accepted. With such facilities the re- searches of our distinguished townsman were commenc- ed, and continued with a patience which no labour could fatigue-an ardour which no obstacles could ex- tinguish or abate. In his conclusions, abundant reason for confidence may be found in his well known charac- ter, both in Europe and America, for profound investiga- tion; and in his own declaration, that he entered npon his subject with a mind not trammelled with a favorite theory, and free from the bias of pre-conceived opinions. The Icarned Remusat devoted an article in the Journal des Savans for February 1827, to the volume under con- sideration. He bestows a warm panegyric npon the re- searches of Du Ponceau, whose deep erudition and philological sagacity, he thinks, eminently qualified him for the illustration and comparison of the Indian lan- guages. Further testimony has lately been adduced to the accuracy of his views, by John Tanner, whose long residence among the Indians, and reputation for truth, render him both a competent and credible witness.

[ To be Continued.]

J. R. T.

NEWLY DISCOVERED CAVE IN PENNSYL- VANIA.

A few days ago, Mr. Reese, of Peters township, Franklin county, Pennsylvania, living on the base of North Mountain, was about to dig for water-and as

* Annual oration delivered before the Philosophical Society, by P. S. Du Ponceau.

1832.]

CANALS AND RAILWAYS.

223

there is a very large spring issuing out of the rocks, at the foot of a hill of considerahle height, and a kind of sink hole some distance above the spring, he thought he probably could come on the stream-accordingly he commenced digging in the sink hole, and had proceed- ed but a few feet, when he could plainly hear the water running, seemingly with great rapidity; and at the dis- tance of about twenty fect from the surface, came to the water, at the lower extremity of a fissure in the rock, which immediately expanded into a large and beautiful cavern, the entrance of which is partially obstructed by loose rocks, which after advancing a little distance, entire- ly disappear, and instead of loose rubbish, solid rocks ap- pear enamelled with spar of different colors. In every direction are to be seen the most beautiful icicles, (stalactites) suspended from its noble, and in some places, majestic ceiling. Concretions, without num- ber, and of almost every color, size and dimension, are seen pointing downwards from the ceiling, and inwards from the sloping walls-some white, some red, some brown, some green, and others transparent as glass, and all solid as marble. They threaten the curious adven- turer with being torn to pieces by their craggy points, if he attempts penetrating any further into it; and in- deed in some places he is obliged to proceed in a stoop- ing position, in order to avoid them. In proceeding up this subterraneous passage, you are obliged to walk in the run nearly all the way.

The run is in some places dry at the present season of the year. Yet it is evident from the bed of the run, and other visible marks of the water, that in some parts of the year the water must flow through the different channels in large quantities. Even at this time, there is a great deal running through it, but mostly through channels alongside the principal one, as is evident from the great noise it makes, in falling over the craggy rocks which impede its progress.

There are in the principal channel several falls, which might very properly be denominated cataracts- the extent of the cave is as yet unknown, as it has been but partially explored; the greatest distance any person has been up it yet, is about 800 feet, at which distance there was no appearance of its termination. In ascend- Ing the cave, the eye is most agreeably struck with its grandeur-at every step new wonders present them- selves-here is the spar formed into trees, shrubs, &c. which makes it have the appearance of a petrified grove -in some places the spar is formed into the likeness of men, birds, beasts, organs, &c. and in one place, raised on a pedestal, is a striking resemblance of a half unfurl- ed flag. Besides this, there are hundreds of other likenesses, which I shall not attempt a description of. When we first saw them, we were only surprised at their diversity and beauty, but on a more minute exam- ination, we are struck with amazement, knowing them to be mere productions of nature-who hitherto, in so- litary silence, had, in her playful moments, unseen and unheard, dressed the scene as if for her own am use- ment. - Christian Adv.

CANALS AND RAILWAYS.

To the Editor of Aris's ( Birmingham ) Gazette.

SIR: Permit me, through the medium of your paper, to off'er a few remarks on the recently published ac- count of the Liverpool and Manchester Railway.

Although from the predictions of persons conversant with the use of machinery, and practically experienced in the details of railways, the public were prepared for the announcement of a heavy amount of expenditures; few, I believe, anticipated that it would have reached the enormous sum which this account exhibits.

For the carriage of a ton of merchandize 32 miles, the expenses are stated at 7s. 7d.

For the conveyance of passengers 30 miles, 2s. 0td. each.

The profits are said to be 2s. 7d. each passenger, and 2s. 8d. each ton of goods: the average charge for pas- sengers being 4s. 7}d. each, and for a ton of merchan- dize 10s. 3d. making the total profits for the half year, ending 30th June last ---

£. s. d.

On Passengers,

24,463 11 9

. Merchandize, 5,692 3 4

Coals,

158 18 6

30,314 13 7

And the expenses-

On Passengers, 19,136 15 8

Merchandize, 16,182 16 8

Balance supposed on Coals,

59 7 8

35,379 0 0

Gross receipts for the half year,

65,693 13 7

Now, sir, this account is conclusive of the question of a carriage of merchandize upon railways, in competi- tion with canals; for along a canal of equal length with this railway, viz. 32 miles, a ton of merchandize can be and is conveyed at an expense of 2s. 8d. while all heavy articles, and such articles constitute nineteen- twentieths (I beg you to bear in mind the proportion) of canal carriage, are conveyed the like distance, at an expense of 1s. 4d. only, instead of 7s. 7d. as stated in this account !* .

In this comparison, tonnage ducs, being excluded in the railway expenses, are also excluded in the canal ex- penses.

It is manifest, therefore, from their own showing, that railways can never carry goods in opposition to canals of nearly their own length.

It is, in fact, doubtful whether the Liverpool and Manchester railway is not, at present, sustaining a loss by the carriage of goods, instead of realizing even the small profit which their account shows.

At 4s. 7}d. each, the sum received for passengers, gives the number 189,395.t

Averaging these at 1g cwt. or 12 stone each, including baggage, gives their weight, 14,204 tons.

Merchandize, at 10s. 3d. per ton, · 42,680 do.

Total weight, 56,884

As, then, 56,884 tons, the total weight, is to £35,379, the total expenses; so is 42,680 tons, the weight of mer- chandize, to £26,544, the expenses with which it ought to he charged; being more than Ies 5d. per ton.

Expense of conveying merchandize would

thus appear to be

£26,544

Receipts for ditto, 21,875

Loss in the half year,# 4,669

If it he argued that, in consequence of the superiori- ty of the carriages, and the greater velocity of move- ment, a large expense per ton is incurred in the con- veyancc of passengers, than in the conveyance of mer- chandize; I reply that such extra expenses of passen- gers are more than counterbalanced by the greater wear and tear of heavy weights -- by the establishment of

· If the railway merchandize is charged with a pro- portion of the interest of cash borrowed, the amount of such charge should, in this comparison, be deducted from the 7s. 7d.

+ If more passengers are conveyed in the inferior than in the superior trains, the total number will be some- what more than this, but it can make little difference in the calculation.

$ Deducting interest, if interest be charged, would reduce. this sum, though the account would still exhibit a loss.

224

MISCELLANEOUS.

[APRIL

warehouses-by the loading and unloading-and other incidentals attendant upon the carriage of merchandize.

It is, at all events, abundantly clear, that from pas- sengers, the emoluments of railways must be derived, and, notwithstanding it is shown, that, where 1050 per day of these can be calculated upon, along the entire length of a railway, as in the case (while the novelty lasts ) of the Liverpool and Manchester, a large revenue may be col- lected, it is far from being established, that, even then the scheme will ultimately prove a profitable specula- tion. The first nine months will indicate any thing but the maximum of wear and tear, either of road or of en- gines. SCRUTATOR.

October 13, 1831.

From the United States Gazette.

BUSH HILL CARPET MANUFACTORY.

We took an opportunity a few days since to gratify a desire long entertained, of visiting the carpet manu- factory of Mr. McCALLA, at Bush Hill-the Kiddermin- ster of America. The establishment at a distance looks like a compact village, and the amount of room in the numerous extensive buildings, would accommodate in- habitants enough to make a city in Connecticut or New Jersey.

Mr. McCALLA has long been known as the manufac- turer of floor cloths, and painted carpets; and the pro- fits that have arisen from his extensive and well con- ducted establishment, have been used, apparently with a liberal hand, to extend the business of the concern, increase the stock, multiply buildings, and, of course, employ extra hands. The looms used in these build- ings, weave canvass of astonishing strength, twenty-one feet wide, and sixty feet long, without a seam, and this by the ordinary way of throw ing the shuttle, When the floor'cloth is thus woven, it is extended with great tension perpendicularly, and thick coats of paint of one color are laid on it, by men who work on galleries, at , different heights, in front of the canvass. After these coats of paint have remained from three to four months, the cloth is taken down and conveyed to another build- ing, where it receives the figures of various patterns and divers colors, in a man ner not unlike the mode of stamping house paper. Having received all the figures and bordering, the whole immense "carpet" is then suspended lengthwise (61 feet) in buildings prepared for that purpose; and after about twelve months is con- sidered in a state to be used, making nearly a year and a half in preparation. A great number of these large clotbs, of beautiful figures, were suspended in the dry- ing rooms, and in various parts of the extensive premi- ses; others were in different stages of progress. Oil cloths for furniture, beautifully figured, are made in the same buildings. We noticed in one room about 8000 yards, sufficiently dried for the market. Canton flannels receive the paint and figures on the smooth side, while the soft nap on the other side is left to prevent injury to valuable furniture, from the hard knots and points that occur in linen oil cloths. The various processes of making the painted carpets and oil cloths, all carried on at one time, in different parts of the buildings are ex- ceedingly interesting.

Proceeding from the houses in which the painting and drying are conducted, we came to a new building, in which the weaving of ingrain and Brussels, and other woollen .carpets, is carried on. If one is struck with the magn tude of the operation of weaving and stamp- ing a seamless carpet of twelve hundred and sixty square feet, no less surprise would await him in the mar- vellous arrangement of machinery and threads for the weaving of a Brussels carpet. We could not, in three weeks' gazing at the multifarious interlacings and con- volutions of yarns, and the array of spindles, pullies and points, give the least idea of the wonderful process. The figures, however, on the fabric: are beautiful be-

yond description, and the texture of the carpeting may certainly vie with any we have ever seen.

The ingrain carpeting is woven by looms which are improvements on the French invention, Those conver- sant with the subject have probably read accounts of the plan by which the richest and most varied figures are woven into the fabric by the weaver, who sits in the usnal position, and throws his shuttle in the same man- ner as does the weaver of white mushin. The figure has been pricked out upon cards, and by some opera- tion of machinery above the loom, the different colors of the warp rise upon the surface just as they are want- ed to form the figure, and when any attention of the weaver is required to either web or warp, the machine- ry, very good naturedly, gives timely notice by ringing a small bell.

In this department of the establishment, we saw two Scotchmen, recently arrived, engaged in putting in the warp for an ingrain carpet of a rich figure, to he woven by aid of the mystic cards, and nearly a dozen other looms for Brussels, and ingrain carpets were in different stages towards completion.

We saw large quantities of carpetings and rugs of beautiful figures, which Mr. McCalla had finished, and which would not suffer by comparison with foreign fa- brics.

The immense painted floor cloths are sold at from one to two dollars per square yard, and are, we were glad to learn, becoming more and more used. We have not spoken of the prices of the ingrain and Brussels carpeting of this manufactory, (though we understand that they are sold as cheap as European fabrics) because our object is not the promotion of any individual's views, butto make our readers acquainted with the ex- tent of manufactures around us, and with the state of perfection at which some, considered the most difficult, have been brought. The very extensive establishment at Bush Hill owes its existence to the individual exer- tions and liberal enterprize of its present proprietor, who, in addition to the vast array of buildings exclusive- ly devoted to the business, has recently erected a beau- tiful dwelling house in front of the establishment.

A poor woman, who had been obliged, by the deser- tion of her husband, to ask the relief afforded by the lying in department of the Pennsylvania Hospital, was delivered, in that institution, on Saturday morning, (March 24th) of three fine children, two girls and a boy, and, so far, the whole family appear to be doing well. The mother, who is a native of Philadelphia, has two other children dependent upon her for support. In these peculiar and trying circumstances she will need the aid of the benevolent; and, surely such an appeal as her case presents to the charity and sympathies of her sex, cannot be offered in vain.

THE REGISTER

APRIL 7, 1832.

We extract from a very respectable weekly paper, called "The Friend," a part of an interesting essay, which appeared in it, a year ago, upon the Indian lan- guages and Pennsylvania History. We shall continue it from week to week till the whole is inserted.

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 annum, payable annually by subscribers residiag in or near tba city, or where there is au agent. Other subscribers pay in advance/0GVOY ...

HAZARD'S REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTINO THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. IX .- NO. 15. PHILADELPHIA, APRIL 14, 1832. NO. 224.

THE CHEROKEE CASE.

Opinion of the Supreme Court, delivered by Chief Justice MARSHALL, January Term, 1832.

SAMUEL A. WORCESTER, US. THE STATE OF GEORGIA.

This cause in every point of view in which it can be placed, is of the deepest interest.

The defendant is a State, a member of the Union, which has exercised the powers of government over a People who deny its jurisdiction, and are under the pro- tection of the U. States.

The plaintiff is a citizen of the State of Vermont, condemned to hard labor for four years in the peniten- tiary of Georgia, under color of an act which he alleges to be repugnant to the constitution, laws, and treaties of the U. States.

The legislative power of a State, the controlling pow- er of the constitution and Laws of the U. States, the rights, if they have any, the political existence of a once numerous and powerful people, the personal liberty of a citizen, are all involved in the subject now to be con- sidered.

It behoves this Court, in every case, more especially in this, to examine into its jurisdiction with scrutinizing eyes, before it proceeds to the exercise of a power which is controverted.

The first step in the performance of this duty is the inquiry whether the record is properly before the Court.

It is certified by the Clerk of the Court which pro- nounced the judgment of condemnation under which the plaintiff in error is imprisoned, and is also authenti- cated by the seal of the Court. It is returned with, and annexed to, a writ of error issued in regular form, the citation being signed by one of the Associate Justices of the Supreme Court, and served on the Governor and Attorney General of the State, more than 30 days be- fore the commencement of the term to which the writ of error was returnable.

The Judicial act," so far as it prescribes the mode of procceding, appears to have been literally pursued.

In February, 1797, a rulet was made on this subject, in the following words: " It is ordered by the Court, that the Clerk of the Court to which any writ of error shall be directed, may make return of the same by trans- mitting a true copy of the record, and of all proceed- ings in the same, under his hand and the seal of the Court."

This has been donc. But the signature of the Judge has not been added to that of the Clerk. The law does not require it. The rule does not require it.

In the case of Martin vs. Hunter'st lessee, an excep- tion was taken to the return of the refusal of the State Court, to enter a prior judgment of reversal by this Court, because it was not made by the Judge of the State Court, to which the writ was directed; but the ex- ception was overruled, and the return was held suffi- cient. In Buel vs. Van Ness, § also a writ of error to a State Court, the record was authenticated in the same manner. No exception was taken to it. These were

civil cases. "But it has been truly said at the bar, that, in regard to this process, the law makes no distinction between a criminal and civil case. The same return is required in both. If the sanction of the Court could be necessary for the establishment of this position, it has been silently given.

McCulloch vs. the State of Maryland, . was a qui tam action, brought to recover a penalty, and the record was authenticated by the seal of the Court and the sig- nature of the Clerk, without that of a Judge. Brown et al. vs. the State of Maryland, was an indictment for a fine and forfeiture. The record in this case, too, was authenticated by the seal of the Court and the certifi- cate of the Clerk. The practice is both ways.

The record, then, according to the judiciary act, and the rule and practice of the Court, is regularly before us.

The more important inquiry is, does it exhibit a case cognizable by this tribunal.

The indictment charges the plaintiff in error and others, being white persons, with the offence of " re- siding within the limits of the Cherokee nation, without a license," and " without having taken the oath to sup- port and defend the constitution and laws of the state of Georgia."

The defendant in the State Court appeared in proper person, and filed the following plea:

" And the said Samuel A. Worcester, in his own pro- per person, comes and says, that this court ought not to take further cognizance of the action and prosecution aforesaid, because, he says, that, on the 15th day of Ju- ly, in the year 1831, he was, and still is, a resident in the Cherokee nation; and that the said supposed crime or crimes, and each of them, were committed, if com- mitted at all, at the town of New Echota, in the said Cherokee nation, out of the jurisdiction of this court, and not in the county of Gwinnett, or elsewhere within the jurisdiction of this court: And this defendant saith, that he is a citizen of the state of Vermont, one of the United States of America, and that he entered the aforesaid Cherokee nation, in the capacity of a duly au- thorized missionary of the American Board of Commis- sioners for Foreign Missions, under the authority of the President of the United States, and has not since been required by him to leave it: that he was, at the time of his arrest, engaged in preaching the Gospel to the Cherokee Indians, and in translating the sacred Scrip- tures into their language, with the permission and ap- proval of the said Cherokee nation, and in accordance with the humane policy of the government of the U. States, for the civilization and improvement of the In- dians; and that his residence there, for this purpose, is the residence charged in the aforesaid indictment: and this defendant further saith, that this prosecution the state of Georgia ought not to have or maintain, be- cause, he saith, that several treaties have, from time to time, been entered into been the United Statesand the Cherokee nation of Indians, to wit: at llopewell, on the 28th day of November, 1785; at Ifolston, on the 2d day of July, 1791; at Philadelphia, on the 26th day of June, 1794; at Tellico, on the 2d day of October, 1798; at Tellico, on the 24th day of October, 1804; at

· 4th Wh. 316.

* Judicial act, sec. 22, 25, v. 2. p. 64, 65.

t Wh. Rules.

: 1st Wh. 304, 361. § 8th Wh. 312.

VOL. IX.

226

THE CHEROKEE CASE-CHIEF JUSTICE MARSHALL'S OPINION.

[APRIL

Tellico, on the 25th day of October, 1805; at Tellico, on the 27th day of October, 1805; at Washington city, on the 7th day of January, 1805; at Washington city, on the 22d day of March, 1816; at the Chickasaw Coun- cil House, on the 14th day of September, 1816; at the the Cherokee Agency, on the 8th day of July, 1817; and at Washington city, on the 22d day of February, 1819: all which treaties have been ratified by the Se- nate of the United States of America; and, by which treaties, the United States of America, acknowledge the said Cherokee Nation to be a Sovereign Nation, au- thorized to govern themselves, and all persons who have settled within their territory, free from any right of legislative interference by the several States compo- sing the United States of America, in reference to acts done within their own territory; and, by which treaties, the whole of the territory now occupied by the Chero- kee Nation, on the east of the Mississippi, has been so- lemnly guaranteed to them; all of which treaties are ex- isting treaties at this day, and in full force.

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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 63

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