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 66

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 66

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The actual-state of things at the time, and all history since, explain these charters; and the King of Great Britain, at the treaty of peace, could cede only what be- longed to his crown. These newly asserted titles can derive no aid from the articles so often repeated in In- dian treaties, extending to them, first the protection of Great Britain, and afterwards, that of the United States. These articles are associated with others, recognizing their title to self.government. The very fact of repeat- ed treaties with them recognizes it; and the settled doc- trine of the law of nations is, that a weaker power does not surrender its independence-its right to self-go. vernment-by associating with a stronger, and taking its protection. A weak state, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of government, and ceasing.to be a State. Examples of this kind are not wanting in Europe. "Tributary and

feudatory States (says Vattel,) do not thereby cease to be sovereign and independent States,so long as self-go- vernment, and sovereign and independent authority is left in the administration of the State." At the present day, more than one State may be considered as holding its right of self-government under the guarantee and protection of one or more allies.

The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no. force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees them- selves, or in conformity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation is, by our constitution and laws vested in the Government of the United States.

The act of the State of Georgia, under which the plaintiff in error was prosecuted, is conseqently void, and the judgment a nullity. Can this court revise and reverse it?

If the objection to the system of legislation lately adopted by the legislature of Georgia in relation to the Cherokee nation, was confined to its extra-territorial operation, the objection, though complete, so far as it respected mere right, would give this court no power over the subject. But it goes much further. If the review which has been taken be correct, and we think it is, the acts of Georgia are repugnant to the constitu- tion, laws, and treaties of the U. States.

They interfere forcibly with the relation established between the United States and the Cherokee nation, the regulation of which, according to the settled prin- ciples of our constitution, are committed exclusively to the Government of the Union.

They are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guarantee to them all the land within their boundary; solemnly pledge the faith of the United States to re- strain their citizens from trespassing on it; and recog- nize the pre-existing power of the nation to govern it- self.

'They are in equal hostility with the acts of Congress for regulating the intercourse and giving effect to the treaties.

The forcible seizure and abduction of the plaintiff in error, who was residing in the nation, with its permis- sion, and by authority of the President of the United States, is also a violation of the acts which authorizes the Chicf Magistrate to exercise this authority.

Will these powerful considerations avail the plaintiff in error? We think they will. He was seized and for- cibly carried away while under the guardianship of treaties, guarantying the country in which he resided, and taking it under the protection of the United States. He was seized while performing, under the sanction of the Chief Magistrate of the Union, those duties which the humane policy adopted by Congress had recom- mended. He was apprehended, tried and condemned, under color of a law which has been shown to be re- pugnant to the constitution, laws, and treaties of the United States. Had a judgment, liable to the same ob- jections, been rendered for property, none would ques- tion the jurisdiction of this court. It cannot be less clear when the judgment affects personal liberty, and inflicts disgraceful punishment, if punishment could disgrace when inflicted on innocence. The plaintiff in error is not less interested in the operation of this un- constitutional law than if it affected his property. He is not less entitled to the protection of the constitution, laws, and treaties of his country.

It is the opinion of this court, that the judgment of the Superior Court, for the county of Gwinnett, in the State of Georgia, condemning Samuel A. Worcester to hard labor in the Penitentiary of the State of Georgia, for four years, was pronounced by that court under color of a law which is void, as being repugnant to the con-

233

PROCEEDINGS OF COUNCILS.

1832.]

stitution, treaties, and laws of the United States, and counsel to whom the defence was formerly confided. ought, therefore, to be reversed and annulled.

From the Philadelphia Gazette. PROCEEDINGS OF COUNCILS.

Friday, April 6, 1832.

SELECT COUNCIL .- The annexed communica- tions from the Inspectors of the Eastern Penitentiary were received and referred to the Girard Committee.

Philadelphia, 5th April, 1832.

Gentlemen :- I have been directed by the accompa- nying resolution, of the Board of Inspectors of the Eastern State Penitentiary of Pennsylvania, which was passed by an unanimous vote, to solicit the co-operation of the Select and Common Councils, in measures for the prevention of a nuisance, by the establishment of a Poudrette between the Penitentiary and the site of the proposed College, to be erected under the Will of Mr. Girard, and which it is presumed will be greatly inju- rious to each institution. I, therefore, respectfully sug- gest the propriety of appointing a committee of your bodies, to concert the proper measures to be adopted in conjunction with our Board.

With great respect, your ob't serv't, CIIAS. S. COXE, President of the Bd. Insp'rs. E. State Penn'a.

To the Presidents of the Select and Com- mon Councils of Philadelphia.

Wednesday, April 4, 1832.

Whereas, the Board of Health have taken a lot of about ten acres, for the purpose of depositing the filth of the privies of the city and liberties of Philadelphia, and are now engaged in digging pits, within 30 feet of this Penitentiary, and whereas, the members of the Board of Inspectors, regard the said deposit of filth as highly injurious to the comfort and health of the prison- ers, therefore

Resolved, that the President of the Board be request- ed to communicate to Councils, on the subject of the nuisance.expected to ensue from the Poudrette lot oc- cupied by the Board of Health; and solicit the co-opera- tion of Councils for the prevention of the same, it being equally injurious to the site of the Girard College.

Resolved, tbat the President of the Board be request- ed to prepare a memorial to the Legislature, praying for a law to prevent the anticipated nuisance.

Extract from the minutes of the Board of Inspectors of the Eastern Penitentiary.

THOMAS BRADFORD, jr. Secretary.

The following letter from the Mayor, inclosing one from the City Solicitor was received, and was referred to the same committee.

MAYOR'S OFFICE, 2 Philadelphia, April 5, 1832. S 'To the Presidents of the Select and Common Councils.

Gentlemen-By the enclosed note of the Solicitor, it will be seen that some authority is required to retain the professional service of counsel, in the defence of a suit in which the city has an interest, as the representative of Mr. Girard. I am, very respectfully your ob't. scrv't,

B. W. RICHARDS.

Dear Sir-At the time of Mr. Girard's death, a suit was pending against him in the District Court for the city and county of Philadelphia, for the possession of a lot of ground on Fifth street; and I have received notice of an application to substitute the city as defendant in his place.

The suit being now nearly ready for trial, I submit to you the propriety of retaining on behalf of the city, the VOL. IX. 30

I am, most respectfully, your very ob't. serv't, J. K. KANE.

City Solicitor's Office, 3d April, 1832.

B. W. RICHARDS, Esq. Mayor, &c.

Mr. Jonxsox presented the annexed petition relative to the Paving of Walnut street, which was referred to the Paving Committee.

To the Select and Common Councils of the City of Phila- delphia.

The memorial of the subscribers respectfully repre- sents, that they are the owners and occupants of pro- perty in the western part of this city; that such is the present state of the streets that several of them are to- tally impassable, particularly Walnut street from Schuylkill Seventh street, to Schuylkill Front street; some parts of which cannot be passed without danger on horseback. Your memorialists believe that there is not another city in the Union, perhaps in the world, where the streets are so bad along which so large a quantity of heavy materials is daily being conveyed. So greatly unequal to the travelling and conveyance of goods to and from the western part of the city, are the few streets already paved, that several of them have had large portions re-paved several times within a very few years; and now Spruce street, the only practicable communication with the south western part of the city, is in want of extensive repairs.

The trade of the river Schuylkill is increasing with great rapidity; it is expected that during the present season, the quantity of coal alone will be increased 50 per cent .- the neighborhood of Walnut street is the centre of landing for the largest portion of this indis- pensable article; yet strange as it may appear, no num- ber of horses, however great, could draw a single ton in- to the eity, along that street at this time; so that while the other streets shall be undergoing repairs every article must reach its place of destination by a circuit- ous route, and a proportionable increased expense be paid for the conveyance. Moreover, the want of prae- ticable communication with the western part of the city has prevented and will continue to prevent, improve- ment in that direction until the evil shall have been re- medied.

One consequence of the want of pavements in the western portion of the city has been to encourage im- provements in the Northern Liberties, Penn Township, Southwark, and Moyamensing, where a more liberal and judicious policy has been pursued by keeping the pavements in advance of the improvements, and thus in- couraging building where it could be done with the eer- tainty of having the houses advantageously occupied.

Another evil produced to the city by this narrow po- licy, has been to enable the holders of ground fronting on the paved streets, to demand and receive an exhor- bitant price for it, as no person will erect a valuable house which cannot be approached on foot during wet weather or muddy roads.

In short, your memorialists are firmly persuaded, that sound policy requires that every street in the city which communicates with the river Schuylkill, should be paved with the least possible delay, particularly those where the greatest quantity of business is done on their wharves or neighborhood, among which Wal- nut street holds a conspicuous place. They therefore pray that you will cause Walnut street to be paved from Schuylkill Seventh, to Front street, during the present season.

March 14th, 1832.

Mr. GROVES presented a petition praying that Race street between 6th and 7th streets, be re-paved, and was referred to the Paving Committee.

Mr. WORRELL presented a petition praying that Ju- niper street be paved, and was referred to the same Committee.

234

PROCEEDINGS OF COUNCILS.

[APRIL

Mr. MASSEY presented the following communication from Mr. William Boyd, Agent for the late Mr. Girard.

To the Select and Common Councils of Philadelphia.

Gentlemen-Being agent and manager on the lands of the late Stephen Girard, Esq. in Schuylkill county, (by his appointment) and as those lands, by the will of the late S. Girard fall to you, in trust for the city of Philadelphia, I deem it my duty to make you acquaint- ed with the situation of them, and the improvements thereon, and will give any information I possess rela- ting to said property (if required. ) I would suggest to you the propriety of appointing a committee to view the premises, and report to you on that subject, with power to make (and authorize contracts to be made) on said lands, (if they thought proper for the benefit of said improvements. ) I herewith hand you a statement of the improvements made under my direction, and by the advice of Mr. Girard on said lands-the correspon- dence between Mr. Girard and myself will be handed to you, if required; and any other information I possess, relating to said lands, will be given.

Respectfully your ob't. serv't, WILLIAM BOYD. Philadelphia, April 6th, 1832.

Improvements on the Lands of the late Stephen Girard, Esq. in Schuylkill county, viz:

Two Saw-mills on Mahonoy creek, built under the direction of William Boyd, (Agent for S. Girard;) one of said mills in full operation, and about 100,000 feet of white pine (inch) boards cut and piled, at said mill; the other mill on Mahonoy not finished, for want of the dam being completed, when I left the works; one frame house built at Girardville, for the accommodation of the workmen.

One other Saw-mill built on the Shanandoa creek, 100,000 feet of white pine boards sawed and piled at said mill. The three mills above named, are within (the furthest) 80 rods of the line of the Danville and Pottsville Rail-road. There is an old Saw-mill further up Shanandoa creek about 2} miles, out of order, built by a Mr. Boon previous to Mr. Girard's purchase. This mill can be put in order to do a tolerable business; fine timber near said old mill, viz. white pine, poplar and oak. On the waters of the Catawissa creek, there are erected-

2 Grist-mills, both want repairing.

5 Saw-mills, all out of order, and need repair.

8 Tenant houses, tenants all warned out.

600 acres cleared land, part thereof in a tolerable state of cultivation-much wanting to be done there.

The within property will be productive to the city, If put in such order as Mr. Girard designed to have done: his verbal instructions to me were unlimited as to improving these lands, and his anxiety great, as to the improvement of his Schuylkill county lands, as may clearly be seen from the letter directed to me from him, on that subject. WILLIAM BOYD.

Philadelphia, April 6th, 1832.

December 20th, 1832.

I have opened 5 coal mines on the Mahonoy and Sha- nandoa lands of Stephen Girard, late of Philadelphia, deceased, for his agent William Boyd, viz .-

Two on the north side of Shanandoa creek, about 2 miles from the north of said creek. Three on the south side of said creek, near the same distance from the mouth of said stream; said veins are, No. 1, extensive but not properly opened. No. 2, 17 feet from slate to slate, first quality of anthracite. 3d vein, 18 feet solid coal, peacock appearance. 4th vein, excellent quality, very extensive, may be 20 feet; my impression is, the vein is as large as any I have ever opened. I am open- ing two other veins near Boon's saw-mill, 1 mile from the rail-road, and about 6} from Pottsville. I know of 2 coal veins yet to open within 2 of a mile from the rail-

road on Shanandoa. The fact is I can open coal in ma- ny places on said lands, near Mahonoy and Shanandoa creek.

Signed, PETER CALEY, jr. (Signature. )

Girardville, January 10th, 1832.

I certify that I opened a vein of coal about 100 rods above the mouth of the Shanandoa, running near east and west, pitching south, 17 feet thick from upper to the under slate; coal, good quality of anthracite; may be tunnelled from the foot of the hill about 5 rods from where I opened it, the coal will be easily mined. The Danville and Pottsville railway will pass through said coal vein. This vein is 20 rods from Mahonoy creck.

I have been at, and examined another large vein of coal on the line of said rail-road, about 12 miles further up Mahonoy creek, (north side of said creek.) This vein pitches north, when opened will be an excellent quality of coal. The coal at said place is near the sur- face of the ground-both of said veins are on the lands of the late Stephen Girard of Philadelphia, deceased, and were opened under the direction of his agent, William Boyd. Witness my hand, this 9th day of Feb- ruary, 1832. ELIAS REES.

By a letter from my brother since I came to this city, I learn that six other coal veins have been opened on Mr. Girard's Schuylkill county lands, since I left Gi- rardville. Previous to my leaving, I had pointed out three places on the line of the D. and P. rail-road to be opened in my absence: coal is found in each place. WILLIAM BOYD.

April 6th, 1832.

Mr. MASSEY offered the annexed resolution which was agreed to by the Select Council, and Messrs. Lip- pincott and Groves were appointed the committee, but the Common Council adjourned before taking the ques- tion on the subject.

Resolved, by the Select and Common Councils, that a committee of two members of each Council be appoint- ed on the communication of William Boyd, agent of the late Stephen Girard, for lands held by him in Schuyl- kill county, with authority to visit the lands, and to make such inquiries as they may deem expedient, and report the result to Councds.

Mr. DUANE presented two copies of the bills passed by the Legislature, relative to carrying into effect the will of the late Stephen Girard, which were referred to the Girard Committee.

COMMON COUNCIL .- Mr. FRITZ offered the fol- lowing resolution which was adopted by both Councils. u

Resolved, by the Select and Common Councils, that the Mayor be authorized to draw his warrant on the Ci- ty Treasurer, in favor of William Jaggers, William Stokes, John Metzeker, Thomas Cooper, John Milli- man, John M'Masters, William Ford, Casper Moffit, Peter R. Benner, John K. Murphy, George Sees, Hugh Pue, Samuel P. Garrigues, William M'Ginley, Jacob P. Wolfe, City Constables, for the sum of six dollars each, for services at the late Ward Election, and that the same be charged to appropriation No 21.

Mr. BAKER read an ordinance in his place relative to the footways in Fayette street, which was passed.

The following communication from the journeymen Cabinet Makers, was received, and referred to a joint committee of two members of each Council, and Messrs. Fritz, Wood, Worrell and Johnson were ap- pointed the Committee.

To the Presidents of the Select and Common Councils of the city of Philadelphia, Greeting:

Gentlemen-We beg leave to lay before you a re- solve of the Society of Journeymen Cabinet Makers of this city, passed in their body on the evening of the 11th of February, viz. That the Society cause to be manu- factured in the civic procession, on the 22d day of Feb-

1832.]

THE INDIAN LANGUAGES, &c.

235

ruary, 1832, a suitable frame to contain a portrait of the venerated Washington, which shall be presented to the Councils of this city, for the purpose of decorating their Hall of Independence; and a further resolve for carry- ing the same into effect, whereupon, Robert Coane, Lewis Redner, John Snyder, Peter Keim, and David Bell, be a committee to give notice that the above has been accomplished. The workmanship being perform- ed upon a public stage, drawn by horses in the proces- sion, and completed of American oak and walnut wood, by Messrs. Duke, Peter Keim, David Bell and William Glen, and the graphic illustration being from the pencil of Mr. Bass Otis.

The committee beg leave to inform the Councils, that they are now ready to present the same, and await an answer.

With sentiments of profound respect, we are, gentle- men, your most obedient servants,

ROBERT COANE, PETER KEIM, JOHN SNYDER,

LEWIS REDNER, DAVID H BELL.

Philadelphia, April 3d, 1832.

METEOROLOGICAL REGISTER.

Extract fram the Meteorological Register, taken at the

State Capitol-Harrisburg, Pennsylvania, BY JAMES WRIGHT, Librarian. MARCHI, 1832.

Days of Week.

Days of the Month.

Morning temperat.

Noon temperature.

Even- temperature

Mean temp. of day

Ilighest in Morn.

Highest at Noon,

Highest in Even.

Mean height of Ba-

rometer each day

WINDS.

Thermnameter.

Barameter.

'Thursd'y!

1|51|52|53|52||29.70|70|69|[29.70]/S E

Friday

2 39 40 51 43

62|69 70

67 SE

Saturday

3 36 43 60 46

65 66 66

66|SW

Sunday

4 39 47 53 46

65 66 68

66, SE

Monday

5 40 46

45 44

70 71 69

70 E

Tuesday

6 41147 144

67 69 68

68;INW

Wednesd

7 36,40 40 39

66.67 67

67|NW

Thursd'y

8 40 51 55,49

9|36 53 60

69 73 75

72| SW

Saturday

10 46 56 63 55

73 75 77

75 SW

Sunday

11 57

61 62 60

75 7676

76 S W

Tuesday

13|48 53 45 49

68 68 68

68 W

Thursd'y

15 25 37

41 34

58 66.68

64|S W

Friday

16|33

51 44

63 69 70

67 SE

Saturday

17 43 35 27 35

69 65 63

66 NW

Sunday

18.12 23128/21

57 59 59

58 IN W

Monday

19|23 33 37 31

60 64,66

63 s W

l'uesday

20 38 45 51 45

68 68 70

691 s W

Wednesd 21

40 42 41 41

67 67 68 65 65 66

65] |W

Friday

24,47 61 69 59

70 75 78

74 S

Sunday

25 52 62 70 61

73 77 77

76'S

Monday

26|62 42142 49

77 75 70

74 NW

Tuesday 27 32,40 46 39

67 67 72

69 NW

Wednesdi 28 36 50 55 47

68 72173

71 SW

Thursd'y

29 39 53|58 50

68 72 75|

72 SW

Friday

30 43 53 60 52

70 76 76

74 E

Saturday

(31 44 59|59.54

70 75.75

73||s W

Thermameter.

Barameter.

Maximum on 12th, Minimum on 18th,

65°

Max. on 11th,

29.76

Min. on 18th, 29.59

Difference

44°

Difference .17

Mean of ex.

29.69

Days of the manth.

Winds.

5 30

2. E.

24 25

2. S.

1 2 4 16

4. S. E.

3 8 9 10 11 15 19 20 23 28 29 31

12. S. W.

13 21 22

3. W.

6 7 12 14 17 18 26 27

8. N. W.

Days of the month.

Atmosphere.

A. M.

P. M.

3 8 15 16 19 23 27 7 Clear

Clear

6 7 14 18 22

5 Clcar, Bluster'g

Clear, Blustering

9 10 21

3 Clear

Cloudy

1 2 20 31

14 Cloudy

Cloudy

11 Rain

Rain

5 11 17

3 Rain

Cloudy

1 Cloudy

Cloudy, Tb. gust

1 Cloudy

Cloudy, Sn'w st'm

1 Smoky

Smoky

1 pt. cl'r pt. cl'dy Cloudy

1 Cloudy

Fair

28 29

2 Fair

Fair

1 Rain Blusteringipt cl'r ptcl'dy Bl.

On the 25th, in the evening, thermometer at 70°, the highest. On the 18th, in the morning, at 12º, the low- est. Range in the month, 58º.

On the 24th, in the evening, barometer at 29.78 inch- es, the highest. On the 14th, in the morning, at 29.56 inches, the lowest, Range, .22.

The wind has been 6 days east of the meridian, 23 clays west of it, and 2 days soutlı.

There was rain on the 4th, 5th, 11th, 12th, and 17th. High blustering winds on the 6th, 7th, 14th, 18th, 22d, and 26th. Thundergust with heavy rain and sharp lightning on the 12th, in the evening. This month has been 13º warmer than last March.

From " The Friend."

The Indian Languages and Pennsylvania Ilistory.

(Continued from page 222. )

The point to which the learned Secretary directed and confined his attention was the general and relative character of the aboriginal idioms of this country. The subject required laborious research, and uncommon powers of comparison. Ile brought to it a mind capa- ble of grasping it at once. llisideas are, that the Ame- rican languages are copious and expressive-that there is much diversity in their grammatical forms-that or- der, method, and regularity prevail in their complicated construction-that polysynthetic combinations exist in all the dialects of the aboriginal inhabitants of North America-and that in this and other peculiarities they differ essentially from most of the ancient and modern languages of the old hemisphere. The Indian mode of combination is to unite, not different words, as in the compound diction ol the Greek, but significant sounds or syllables, so as to strike the mind simultaneously with the agent, action, and attending circumstances. Thus the phrase Manihacktanienk, which was the appellation given by the Indians to the island of New York, implies, " the island where we all became intoxicated." It is now corrupted into Manhattan, but its meaning and. origin are sufficiently perceptible. The last syllable, which is omitted. is a mere termination implying locality. and it now signifies "where we became intoxicated."

Monday

12 65 63:67 651

76.76.76!

76 NW

Wednesd 14 21 25 30 28

56 59 62

59 NW

64||W

Thursd'y 22 23 33 52 57 47

65 73 73

701S W

Saturday

30 38 43 37

68 72 74

71 SW

Friday

21°

Mean of extremes, 46°

236

THE INDIAN LANGUAGES, &c.

[APRIL

By this method of forming locutions, our Indians con- trive to express, in a few words, a great variety of ideas. Their speech is of course distinguished in general for length, but it is likewise very remarkable for richness, modulation, and energy. Such regularity and order prevail in these varied compositions, that one would sup- pose, according to Du Ponceau, that the Indian lan- guages were formed by philosophers in their closets, ra- ther than by savages in the wilderness. It can readily be conceived that, in the absence of great order and strict regularity in these polysynthetic or polysyllabic constructions, irremediable confusion would soon be in- troduced.

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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 66

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