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. XII, Part 38

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438

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. XII > Part 38

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Total, $108,396 35

For the purpose of carrying into effect so desirable an object as that of providing a comfortable retreat for the Lame and the Blind, and complying with the pro- visions of this bequest, a lot of ground was purchased, in May, 1832, extending from Sassafras to Cherry streets, and from Schuylkill Fourth to Fifth streets. The front on Sassafras and Cherry streets, is 396 feet, and the depth on Fourth and Fifth streets, 288 feet. The cost of ground was $20,000, on which a builling has been erected, that will be entirely completed before the middle of next month. The building will cost when completed $30,000.

The funds for the support of the inmates of this inter- esting institution will be derived from the interest ac- cruing on upwards of sixty-six thousand dollars United States 5 per cent. stock.

The building is 80 feet front on Sassafras street, by 50 feet in depth, and is built of stone. The front is composed of sand stone, obtained from the vicinity of Valley Forge, ornamented with six pilasters, having Ionic capitals. The doorway is also ornamented with Ionic pillars.

The building is composed of a basement, principal, and attic storics. The basement story is completely fire proof, and contains two dining rooms, each 20 by 33 feet, one intended for males, and the other for fe- males; a kitchen, 20 by 40 feet; two pantries, 10 by 14 feet each; two cellars for fuel, each 12 by 20 feet; two bath rooms, each 10 by 14 feet, and two for- naces, by which the whole establishment is heated. The principal story contains the steward's parlor, and an office, each 16 by 21 feet, a chapel 21 by 32 feet, six dormitories, each 15 by 16 feet, with halls and vestibule and a piazza on the south side, 80 feet long, by 12 fect in width. The second story contains 7 dormitories, 10 by 15 feet each; an infirmary, 21 by 32 feet; two cham- bers, each 16 by 21, for the accommodation of the steward's family. The attic story is divided into two large rooms, each 37 by 21 feet. The whole edifire is covered with copper. Com Herald.

HAIL STORMIS .- Two severe hail storms, accompanied by heavy gales of wind, were experienced in Doyles- town and its vicinity, on the afternoons of Thursday and Friday last. They took a north easterly direction, and the heaviest appears to have fallen a short distance above the village, doing considerable injury to corn and buckwheat. Apple trees were broken down, and a considerable quantity of fruit destroyed. We under- stand that one individual in Buckingham, had upwards of 100 panes of window glass broken. The hail stones were exceedingly large ;- after the storm had passed, a hail stone was brought to the store of Messrs. F. W. & H. Moore, at the Cross Keys, by a little girl, which, af- ter being carried in the hand some distance, measured upwards of five inches in circumference .- Bucks Int.

FINE CATTLE .- +Mr. Alpheus Morse, from Madison county, N. Y. arrived in this borough on the 14th inst. with upwards of 360 head of cattle, selected expressly for this market. Among them were 50 or 60 two-year old heifers, taken from the best dairies, which are in de- mand and will sell readily, at fair prices. Of the work. ing oxen, of which the bulk of the drove is composed, some were very large; of just proportion,and well broke; and so highly pleased were many of the purchasers at The Chester Upland Union mentions, that on Friday last, 16th, Tinicum Island was visited by a severe hail storm from the north east, which lasted about fifteen minutes, and destroyed upwards of fifteen hundred last year's sales, that increased prices have now been given. Two pairs of this description were sold at $175 per pair; two at $140, and many at intermediate prices, down to $60 according to size and tractability. - Village | panes of glass in the Lazaretto Hospital and the adja- Record.

cent buildings. The store houses and dwellings belong-

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[AUGUST

ing to the United States, sustained considerable injury. The trees in the vicinity were partially stripped of their fruit, and a number of them destroyed. Phila. Gaz.

The upper section of Berks county, on Thursday af- ternoon last 15th, was visited with a most violent hail storm. Its extent, north and south, was confined to about half a mile, and probably reached some miles in the other direction. The hail stones were as large as walnuts, somewere of globular form, and others were of the appearance of fragments of broken sheets of ice, the pieces varying from two to five inches in length. The ground was completely covered with it for a time, and such was its violence, that the driver of the Potts- ville stage, which passed through it, had his hands so much lacerated,as to cause a copious flow of blood. - Ib.

PITTSBURG, June 1833.

Gentlemen :- I witnessed this afternoon a terrible dis- play of the fury of the enraged elements. It was an exhibition such as I never before saw, and such an one, as I pray Heaven I may never stand exposed to again. I will mention particulars.

A party of gentlemen, filling three gigs, left this place this morning. on a visit to Braddock's Fields, the scene of the dreadful slaughter of the English army, by the Indians, in 1755. The spot is about nine miles from the city, on the banks of the Monongahela, and we reached it about noon. We spent about two hours in walking over the field of battle. A gentlemen who re- sides in the neighborhood, very kindly pointed out to us the ambuscade, in which the Indians were hidden, the spot where Braddock fell fatally wounded, the retreat of the army under the direction of Washington, who on that day, most gloriously signalised himself as an effi- cient officer; and indeed every other prominent part of the ground. We trod over these fields, now under cultivation, and flourishing with vegetation, and re- called to mind the events of that day. The fur rows of the plough had turned up the bones of war- riors, who had fallen dead on the field of glory. Remains of bones are still visible. In our rambles we picked up several pieces, as well as an arrow barb, flints, musket balls, &c. which I have carefully preserv - ed. On our return, the occurrence took place to which I have alluded above.

We had arrived within about two miles of the city, when we saw in the west symptoms of a coming storm. They were trifling, and we felt confident we could could reach the city, before the rain began. In this expectation we were disappointed; and before we had proceeded 300 yards, thick black cloud suddenly enveloped us, rendering the atmosphere very dark. In an instant, a large tree on our right tumbled down with a tremendous crash, sending the limbs and fragments in every direction. It commenced hailing and blowing awfully. We saw ourselves in a tornado, and hastily jumped out of the gig. While endeavoring to keep up our horse, who was nearly thrown down by the wind, I lost my hat. I ran after it, but was blown violently against the fence on the opposite side of the road. Re- covering myself, I again ran; but never shall I forget the sensations which passed through me. Tree after tree went down with a prodigious crash. literally filling the air with splinters and fragments-the wind rushed and roared with a horrid noise-the air was black with dust and the pelting of the hail; and the force of the wind rendered it impossible for me to keep my feet. On reaching my hat, I stumbled upon an elderly lady, who with three children, one at the breast, had alighted from a wagon, the horses attached to which in their fright had become unmanageable. A gentlemen at- tached to our party seized one of the children, I another, and with the mother between us, we endeavoured to make our way to a neighboring barn. This we reached, but we had no sooner entered the door, than a large part of the roof was blown entirely off, leaving us expos- ed to the most imminent danger.

This place was left instantly, and after immense labor, we made our way to an adjoining house, where we were gratified in depositing the children in safety. The lady was in great distress for her infant, it being her firm be- lief, while exposed to the storm, that it had perished in her arms. When she found all safe, she sank down in a state of utter exhaustion.

The storm was not yet over, though its fury was main- ly spent. While in this place of safety, we witnessed more of its devastating effects. A new house within a hundred yards of our retreat, was blown down, an entire orchard was prostrated, and trees, fences and out build- ings, rased to the ground, as if by magic. The scene was most dreadful.

Our party escaped with whole skins, but with little else. One of our gigs was whirled about in the air, for some time, but was only triflingly injured. Our apparel was completely spoiled.

In the city the tornado was less terrible, but the storm of rain and hail was very severe. Great numbers of trees, awnings, light buildings, &c. were prostrated, but I have not learned that any lives were lost.

I had made arrangements for leaving this place to - night,, but passing through this scene, has unfitted me for a tour at this time. I shall therefore remain a day or two longer, to refit both in health and apparel.

Philadelphia Gazette.

BANK OF THE UNITED STATES.

THE CIRCULAR.

The following is a copy of the Circular addressed by Amos Kendall to the State Banks :-

AUGUST, 1833.

Sir-I have been appointed by the Secretary of the Treasury, at the request of the President of the United States, to confer with the states banks in relation to fu- ture deposits and distribution of the public revenue.

It is deemed probable by the Government, that the Bank of the United States, will not be re-chartered and that no other institution will be established by Congress to supply its place as Agent of the Treasury.

As it is now less than three years to the expiration of its Charter, the President thinks it his duty to look to the means by which the service it now renders to the Government, is thereafter to be performed, and if suf- ficient reasons shall exist, the Government may desire to employ another Agent, or other Agents, at an earlier period.

The sole object of my appointment is, to ascertain on what terms the several States Banks may be willing to perform the service now rendered by the Bank of the United States to the Government, should it become ne- cessary or expedient to employ another Agent, or other Agents, that the Secretary of the Treasury may, in that event, be able to make a judicious selection.

In pursuit of this object, I have the honour to inquire whether the Bank over which you preside, is desirous, should a change take place, of undertaking that agen- cy, or a portion of it, at

If this inquiry should be answered in the affirmative, I am authorised to communicate with you further on the subject.

It is, however, to be distinctly understood, that noth- ing which may pass, is to be considered a pledge on the part of the Government to remove the deposits from the Bank of the United States, before the expiration of its charter, or to employ your Bank in any event, or to make any final arrangements upon the conditions which may now be proposed or received.

If it be convenient, I shall be happy to know the dis- position of your Board of Directors, on the subject; if not, will you do me the favour to give me your own, leaving an expression of the wishes of the Board to some more convenient opportunity.

Very respectfully,

Your obedient servant,

AMOS KENDALL.

HAZARD'S

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

EDITED BY SAMUEL HAZARD.

VOI .. XII .- NO. 9. PHILADELPHIA, AUGUST 31, 1833. NO. 296.

REPORT ON THE REVISED CODE.

PHILADELPHIA, December 31st, 1832.

Sir-We have now the honor to transmit to your Ex- cellency our third report, containing two bills on subjects of general importance, and which are supposed to require the early attention of the Legislature, viz:

" A bill relating to Counties and Townships, and County and Township officers."

" A bill relating to Weights and Measures, and to Admeasurement. "

We expect, in the course of a few weeks, to transmit a fourth report with as many bills as we suppose the Legislature will be disposed to act upon at their present session.

We remain very respectfully,

Your obedient servants, W. RAWLE, T I. WHARTON, JOEL JONES.

To His Excellency Gov. WOLF, &c.

REMARKS

On the bill entitled " A bill relating to Counties and Townships, and County and Township Officers."

The bill now submitted to the Legislature, entitled " An act relating to counties and townships, and to county and township officers," comprises a subject which, perhaps more than any other part of our municipal law, requires the revision and amendment contemplated by the resolutions from which our author- ity has been derived. In the course of the examination, which it has been our duty to make, of the existing law, we have found upwards of one hundred acts of Assembly, bearing upon the subject, all of them neces- sary to an adequate knowledge of our internal arrange- ments,many of them obscure in meaning,some contradic- tory in their enactments,and some, of which great doubts may exist whether they are operative as laws, or have been repealed by disuse or implication. The provisions of this bill, except such as are new, have been derived from seventy-three acts of Assembly, scattered over the different volumes of our code, and not easily collected even by a diligent inquirer.

It has been our endeavour to digest them into a mo. derate compass, to arrange them in convenient order, and to add such new provisions as seemed to be called for by the enlarged population and increased inter- course of the state, or to be necessary for the harmo- nious working of the system. The existing division of the commonwealth into counties and townships, which in its principal features was copied from England, and prevails with little variation throughout the United States, appears to us well calculated, upon the whole, for the public good. In the government of these di- visions, however, there is not the same uniformity throughout the Union, nor, indeed, throughout this commonwealth. Certain provisions have been made for particular counties and townships, which do not apply to all, though they appear to us to be generally beneficial in their character. We think it desirable, that the main features of municipal arrangement should be the same throughout the state. We think it also desirable, that townships should be assimilated to coun- VOL. XII. . 17

ties, in respect to the mode of government, for the sake of regularity in the system, and because we believe that the present system of county government is, upon the whole, the best that can be adopted for the purpose. It may be proper here to remark, that we intend by county officers, those only who are elected by the peo- ple of the several counties, for county purposes. Pro- thonotaries, Registers, Recorders, &c. being appoint- ed by the Executive of the commonwealth, appear to us to be properly state officers, although acting in and for the several counties; and have, certainly, no imme- diate connexion with the county organization: They are not, therefore, embraced in the present bill, but will be arranged under a different head.

In the accompanying remarks upon the several sec- tions will be found such further explanation as may be material to a correct understanding of the bill.

Section 1. In this section, we have enumerated the several counties in the state, in the order in which they were established by the successive acts of assembly, beginning with the year 1682, the foundation of the commonwealth, and ending with the act of 2d March, 1831, for the erection of the county of Juniata.

Section 2. In the existing laws, relating to county rates and levies, and in various other acts, the city of Philadelphia is frequently mentioned in connexion with the several counties in the state. We presume that it was not necessary to provide in express terms,that a ge- neral regulation for all the counties should embrace the city of Philadelphia, because we suppose that, except for certain corporate or internal purposes, every city forms an integral part of the county in which it is situate. Still, as we find the practice to have prevailed of nam- ing the city of Philadelphia, we have been apprehen- sive of creating doubts, by an omission of it in this and other bills; and to avoid the necessity of repetition, we have introduced the present section, which, therefore, merely generalizes what already exists in particular provisions.

Section 3. The three and four following sections, suggest some provisions which are new to our statute law, as positive regulations, but which appear to us to be necessary to remove doubts and difficulties which have occurred in relation to the corporate character of counties and townships. It has been several times in- mated from the bench, that legislation was necessary on this subject. It is well known, that counties and town- ships, as such, have frequent occasion to enter into contracts, and to take and hold property; and it is plain, that without some of the capacities and powers of a corporation, great inconveniences must be experienced by them in the transaction of public business. Hence, in some of the states of this Union, we find that coun- ties and townships are treated by the judges as quasi corporations; that is, possessed of corporate powers for a few specified purposes only. We are not aware that any opinion has been expressed by our own courts on this subject; and whatever may be the views of profes- sional persons in relation to it, we think that it is expe- dient for the Legislature to settle the question defini- tively. By our system, the commissioners of a county are the organs and agents of the people of the county in the transaction of their business. Whether they ) constitute a corporation, remains unsettled as a general

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question. In a very recent case in the Supreme court, (Vankirk v. Clark, 16 Sergeant & Rawle, 286) it was said by Judge Duncan to be a question of nice discus- sion, meriting attention and consideration. In two re- cent acts, one relating to the county of Lancaster, the other to the county of Allegheny, the Legislature have expressly declared the commissioners to possess corpo- rate powers, so far as relates to those counties only. We think the remedy ought to be as general as the in- convenience, and we propose to attain it by a course in accordance with the system adopted in some of the sister states, and already alluded to. We think that it will be found advantageous to declare every county and town- ship a body corporate for certain purposes, and with certain express powers adequate for all necessary pur. poses, but limited in extent. This is the object of the third section. In the fourth, we have provided that the corporate powers of the several counties and townships shall be exercised by the commissioners or supervisors thereof respectively; who by the fifth section, are to conduct and defend all suits to which the county or township is party. In the sixth and seventh sections, we have provided the means of giving effect to judg- ments against counties or townships. In the present state of the law, considerable difficulty exists in this re- spect. The mechanic or tradesman who deals with the commissioners or supervisors, in their official character, has no ascertained remedy at present to obtain payment of his demand, but the tedious and expensive course of an application to the Supreme court, for a mandamus; which, if obtained, may be, from various causes, altogeth- er unavailing. This is an evil with which we think our land ought, not to be any longer reproached. We would not, however, subject the property of a county or township to execution upon a judgment, because great public inconvenience might be the result. We propose, instead of this, to give power to the court in which judgment may be obtained, to issue a writ requir- ing the commissioners or supervisors, as the case may be, to cause the debt to be satisfied out of any unappro- priated moneys, or out of the first that may be received, and to enforce obedience to the writ by attachment. In suits before justices of the peace, the plaintiff may have the same remedy, by filing a transcript of his judgment in the proper court. We think that these provisions will have the advantage of, at least, greater expedition than at present exists, without increasing the liabilities of counties or townships, except in cases of demands. ascertained to be just.

In thus conferring upon counties and townships cer- tain corporate powers, we think that the Legislature will not incur any risk of the inconveniences or dangers for the public which are supposed to be incident, in many cases, to corporations. The powers thus granted are limited in number and extent. They can be exer- cised only by persons elected by the people, and re- newed in rotation every year, and who are liable to various checks and control. Necessity, as we have in- timated, has led the courts of justice in other states to assume that counties and townships possess, by their nature, certain corporate faculties; but we think it safer, and more consonant with the theory of our government, for the Legislature to grant such powers as may be ne- cessary and proper; taking care at the same time, to impose such restraints as may prevent their abuse.

Section 8. In this section we have adopted the pro- vision of the act of 1705,(1 Smith L. 49) which declares that " there shall be a couuty seal for each county of the province;" and we have provided in addition, that the seal shall be in the custody of the commissioners of the respective counties, and that their proceedings shall be authenticated by it.

Section 9, Provides that the title to the court houses and other county buildings shall be taken, to be vested in the respective counties, for the use of the people there- of. There exists in the present laws a singular diversi- ty upon this subject. By an act passed on the 28th of

February, 1780, (1 Sm. L. 485) the jail, prisons, work- houses, and lots of ground on which they stand, in the counties then existing, were vested in the common- wealth. Those counties were eleven in number. In certain other counties, the public buildings are vested in trustees for the use of the county. In others, the title is in the commissioners and their successors in office. The acts upon this subject, which we have had occasion to consult, are forty in number; few of them being similar in their terms. It appears to us that the provisions in this respect should be uniform throughout the state, and sufficiently explicit to remove all doubt with relation to the legal estate in this property, and to the duty of taking charge of it. The character of counties, as bodies corporate, being established by this bill, if the Legislature shall adopt our suggestions, there will be no necessity for the intervention of trus- tees, and the management of the property is the subject of the two following sections.

Sections 10 and 11 .. The powers and duties of the commissioners, in this respect, do not appear to us to be sufficiently defined at present. One of our earliest acts declared there should be a "work-house" "in each respective county of the province," (act of 1705, 1 Sm. 56. ) By the act of 1724, §4, (1 Dallas Ed. 212,) the commissioners of each county were authorized to raise money "to defray the charges of building and re- pairing of court houses, prisons, work houses, bridges," &c. In the case of the commissioners of Allegheny county vs. Lecky, (6 Serg't & Rawle, 166) it was made a question whether this provision was still in force, but the court did not decide it. The act of 27th March, 1790, (2 Sm. 520) authorizes the commissioners to erect suitable buildings in every county for the safe keeping and preservation of the public records; and the act of 4th April, 1807, (4 Sm. 394) requires them to erect such additional buildings as may be necessary, for the purposes of a county jail. The duty of repairing and keeping in order the public buildings is, we believe, generally understood to belong to the commissioners. The provisions now suggested, are intended to confer upon them the power of erecting such buildings as are necessary for the business of the county, and of adding to them from time to time, as occasion may require. To prevent, however, any needless or extravagant expen- diture, the previous sanction of the court of Quarter Sessions and of the grand jury is required. It is also made the duty of the commissioners, to maintain the public buildings in sufficient order and repair.

Section 12. The 12th section makes it the duty of the officers therein 'mentioned, to keep their offices and public papers in the public buildings at the seat of justice of the respective counties. The constitution of this state, (Art. 5, Sec. 3) requires certain of those of- ficers to keep their offices at the county town; and the act of 1790, (2 Sm. 520) makes it their duty to keep their offices and papers in the public buildings of the county. Considering the reasons for these acts to ap- ply equally to all the county officers, we have extend- ed the provisions to commissioners, auditors, treasurer and sheriff, and altered the penalty from two hundred pounds to five hundred dollars.

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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. XII, Part 38

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 438

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438