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 40

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 40

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Sections 80 and 81, Are derived from the 9th and 10th sections of the act of 1803.

3. Of Township Officers.

The remaining sections of the bill relate to township officers. It has been our object, as we have already mentioned, to assimilate townships in their structure and organization to counties; the principal materials for which already exist in certain local provisions which have from time to time been enacted by the legislature, and which we have merely generalized. The cases of township auditors and town clerk furnish an example of this. Both were originally established in certain dis- tricts only, but as experience showed their utility, they have, by successive acts, been extended over the principal part of the state. It will be seen that the choice of township officers is not made imperative upon the peo- ple. It has appeared to us best, to leave it to the judg- ment of the inhabitants of the several townships to de- termine whether they will elect these officers or dispense with them. In some townships, most of them are al- ready sufficiently familiar and well approved. In others, it may be the work of time to make their benefits obvious, but we think that all will sooner or later fall into the adoption of the system if it shall receive the sanction of the Legislature.

Section 82. In this section we have enumerated and classed all the township officers already existing, or which we think it for the public interest to provide. In the term of office, we have followed the existing pro - visions.

it lawful for the court to appoint, if they thought the interests of the township required it.

1. Assessors.

Sections 88 and 89, Are derived from the 5th and 6th sections of the act of 11th April, 1799, (3 Sm. 393. )

Section 90. The first clause of this section makes ge- neral a provision, originally designed for the city and county of Philadelphia alone, (act of 2d April, 1822, §3, 7 Sm. 558, ) but which we think ought to be of ge- neral application. The last clause is copied from the 22d section of the act of 1799.

2. Supervisors.

Section 91. In this and other sections, we have deno- minated these officers, supervisors merely; omitting the words in the present laws which seem to limit their du- ties to the roads and highways of the township. It appears to us, that they may properly stand in the same general relation to townships, that commissioners do to counties; having the superintendence and charge of the affairs of the township generally, though especially in- trusted with the care of roads and highways. We find another motive for an enlargement of the sphere and functions of these officers, in the consideration of a sub- ject of great public interest and importance. We trust that the time is not far distant, when the education of children will become the business of every township in the state, and when school houses, with competent teachers, will be erected in convenient districts. The present system is generally conceded to be defective; but in no point does it appear to us more susceptible of amendment, than in that which devolves the charge of this subject upon county commissioners, who, from their limited number, the pressure of other duties or pursuits, and the great extent of counties in general, are incapable of giving to it that attention which we think its paramount importance deserves. The expe- rience of other states demonstrates, that to rendered u - cation accessible to all, it is necessary to establish school houses in small districts. It is not necessary, we think, to create any new offices for the purpose. The super -. visors of a township, organised on the plan of this bill, will, we submit, be the proper and competent agents of the people in this and other general concerns of the township. We have not, however, in this bill made any express reference to the subject of education, in con- nexion with the duties of supervisors. It appeared to us sufficient, in this place, to provide for the incorpora- tion of townships, and for the enlargement of the func- tions of supervisors, leaving it to the Legislature here- after, to make use of their agency in carrying into effect any system of education they may think proper to adopt.

We may add here, that we have not considered our- selves at liberty to dispense with the separate office of overseers of the poor, although we are not satisfied that any necessity exists for its continuance; we see no sub- stantial reasons why the office should not be united with that of supervisors. The system would be more simple, attended probably with less expense and fewer incon- veniences, if supervisors were assimilated in all respects to commissioners of counties, and had the charge of education, of the poor, and other township matters, as well as roads and highways. Their number might then be increased to three, and their term of service enlarged to three years, as in the case of commissioners. Should the Legislature be disposed to consolidate the offices in the manner suggested, the change can be effected with very slight alteration in the present bill.

Sections 83 to 87. In these sections we have general- ized certain provisions of the present law, which ap- peared to us susceptible of being brought into a common rule. In the 84th section, we have thought it expedient Section 93, Is derived from the 12th section of the act of 1802. to limit the power of appointment of treasurer and clerk, to cases in which at least thirty electors shall apply for Section 94, Is derived from the 23d section of the same act. the exercise of it. It may bappen that the electors of a township may not think the particular office necessary or expedient; and in such case, we should not think it 3. Overseers of the Poor. proper for the court to interfere. It occasion should Sections 95 and 96, Are derived from the 16th and exist in the opinion of thirty electors, we would make |14th sections of the act of 9th March, 1771, (1 Sm. 332. )

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THIRD REPORT ON THE REVISED CODE.

135

4. Township Treasurer.

Section 97. In this and the three following sections, we have proposed the appointment of an officer similar in character and functions to the county treasurer, for the fiscal business of the several townships. The pre- sent scheme of township organization appears to us to be seriously defective, especially in regard to the ma- nagement and control of the township funds. Whe- ther the amount be great or small, we think that there ought to be a sufficient check upon the raising of mo- ney in the first instance, and afterwards upon its expen- diture. Now, as the law stands, we find that the supervisors of the roads, and the overseers of the poor, possess, separately, the power of levying taxes for the purposes of their respective offices, the collection of those taxes, and the personal appropriation of the funds, without any other check or control than that which arises from the examination of their accounts by the freeholders chosen under the act of 1802, or by the township auditors in certain counties, under certain special acts already adverted to, By some other local provisions, supervisors are required to give security for the due appropriation of the moneys that may come into their hands. To supply the defect, and guard against probable abuses, we propose the appointment of a township treasurer, who shall receive and be accounta- ble for all moneys accruing for township purposes, and who shall give adequate security therefor. We think that economy and regularity in accounts will be promot- ed by the creation of this.office. We propose that the officer shall be annually elected by the people, and shall give security to the satisfaction of the supervisors and overseers of the poor. In the details of his duties and liabilities, we have followed the provisions relating to county treasurers.

5. Town Clerk.

The act of 13th April, 1807, (4 Sm. 472, ) provided for the election of a town clerk in the counties of Phi- ladelphia, Bucks, Chester, Lancaster, Northampton, Wayne and Delaware, and prescribed his duties. By the act of 20th March, 1810, the provision was extended to the counties of York and Montgomery. In 1813, (6 Sm. 59,) it was extended to all the counties in the state, excepting Erie, Crawford, Warren, Mercer, Pot- ter, Schuylkill,'Butler, Adams, Allegheny, and M'Kean; and by the act of 5th March, 1819, (7 Sm. 159, ) seven of these ten counties were included in the provision. There remain, therefore, only three counties to which the act of 1807 does not apply. It appears to us that the power to elect this, and other township officers, should be general and uniform. We have already re- marked, that from the phraseology of these sections, it will be optional with the inhabitants of a township to elect these officers, or dispense with them.

Section 101, Provides that the town clerk shall, ex- officio, be clerk to the supervisors and overseers, and declares his duty in this respect. This provision is new, and has been suggested by the considerations already adverted to, respecting the present want of control over the proceedings of supervisors and overseers. The town clerk will record their proceedings and keep their accounts, and will thus furnish, it is believed, both a guide to them in respect to their duties, and a check upon irregularity or abuse.

Section 102, Is taken from the first section of the act of 1807, with some alterations. which adapt it to the system contemplated by the bill.

Section 103, Is taken from the 1st and 6th sections of the same act. We have altered the original provi- sion so far as to authorise a fee of ten cents for a search in the books of the town clerk, conceiving that he ought not to be expected to give his services gratuitously, and that those who derive a benefit from his records should pay a reasonable compensation therefor.

6. Township Auditors.

merely generalize certain local enactments which we think have been found by experience to promote the public good. The first act passed on the subject, au- thorised the choice of township auditors in the counties of Northumberland, Centre, Venango, Beaver, Craw- ford, Mercer, Allegheny, Berks, and Schuylkill, (Act of 14th January, 1830, P. L. 26.) Since that date they have, by successive acts, been extended to the counties of Susquehanna, Luzerne, Warren, Huntingdon, Tioga, Clearfield, Butler, Montgomery, and Chester; and we now propose to authorise the citizens of every township in the state to elect auditors; and define the duties of the persons so elected. In section 107, we have assi- milated their authority to that of county auditors, and in section 108 they are allowed similar compensation. We have directed, in section 105, that their report shall be filed with the town clerk, supposing that in his hands it would be more accessible to the people of the town- ship, than if filed with the clerk of the Quarter Sessions. In section 106, an appeal is provided from their report, in the same manner as in the case of county auditors.

Constables.

The provisions under this head are mainly derived from the existing laws, so far as they respect the ap- pointment of this officer and his security. Those which relate to his duties in the administration of justice, &c. will be found in a future bill.

Section 109, Is derived from the 6th section of the act of 1st March, 1799, (3 Sm 356. )

Sections 110, 112, and 113, Are copied from the 29th section of the act of 20th March, 1810, (5 $m. 173.)

Section 111, Is derived from the 29th section of the act of 1810, the 3d section of the act of 29th March, 1824,"(P. L. 172,) and the 4th section of the act of 1808, (4 Sm. 531,) with slight alterations. The provi- so in the 29th section of the act of 1810, which declares that "no person shall be permitted to serve as constable more than three years in any term of six years," having, by various acts, been repealed with respect to many counties of the state, and perhaps by implication from the act of 28th March, 1820, not being operative in any part of the state, we have not introduced it into the pre- sent bill.

Section 114, Is derived from the 29th section of the act of 1810, with an alteration taken from the 3d sec- tion of the act of 1824.

Section 115, Is taken from the act of 28th March, 1820, with an alteration limiting the power of a special deputation to the case of a civil suit or proceeding; which we suppose was the intention of the act.

Section 116, Is taken from the act of 4th of February, 1830,(P. L. 36.)

Section 117. In this section we have provided, by a general rule, for the mode of recovering pecuniary pe- nalties imposed by the bill, and not otherwise provided for. It appears to us, that in the case of public officers, the proceedings should generally be in the court of Quarter Sessions.

Section 118. The design of this section is to preserve the operation of a numerous class of local provisions contained in acts of Assembly. We have felt conside- rable embarrassment in deciding upon the proper course to be adopted in relation to these laws. To preserve them, will mar the uniformity of the law as actually ad- ministered, and may tend to lay the foundation of an irremediable diversity in the usages of the common- wealth. On the other hand, were we to propose their repeal, it might be thought to be an undue enlargement of the scope of the resolutions under which we act. It might also interfere essentially with the wishes and convenience of the people of the cities and other dis- tricts to which they respectively apply. There may also be differences of situation with which we are not acquainted, requiring different legislative provisions.

Section 104, This, and the four following sections, | These considerations have prevailed with us to introduce

136

TURNPIKE CONVENTION.

[AUGUST

this concluding section, and to leave the subject to those especially interested, to decide how far the general scheme proposed in this bill will be an advantageous substitute for these local acts. If the system proposed shall be found to work well, we suppose that, ultimate- ly, local provisions inconsistent with it will be repealed by the Legislature.

In conclusion, we would repeat, by way of guarding against misconception of the scheme of the present bill, that it is not intended to embrace the details of special duties, belonging to certain officers by common law, or assigned to them by acts of Assembly. Many subjects, which may at first sight appear to liave been overlooked by us, have been duly considered, and appropriated to other titles, with which we conceive that they may be more conveniently incorporated. Thus, the duties of county commissioners and treasurers in relation to un- seated lands, of sheriffs and constables in the execution of process in civil cases, of supervisors in respect to roads and highways, and of town clerks in regard to strays, and the like, will be the subject of bills, which we hope before long to submit to the Legislature.

[The draft of the act will be inserted next week. ]

From the Bedford Enquirer. TURNPIKE CONVENTION.

Agreeably to public notice, the delegates from the several Turnpike Road Companies, hereafter named, met at the court house in the borough of Bedford, on Wednesday, 12th June, 1833, at 10 o'clock, A. M.

The Convention was organized by appointing George Plumer, President; Christian Garber and Alexander Johnson, Vice Presidents; and John Y. Barclay and James M. Russell, Secretaries. It was then moved and ordered that the credentials of the members be present- ed, and their names called, whereupon it appeared that the following named gentlemen were duly appointed for their respective Companies, viz:

For the Washington and Williamsport Company- Samuel Hill, Joseph Barr.

For the Somerset and Bedford Company-Henry Black, James M. Russell.

For the Somerset and Mount Pleasant Company- John Gebhart, Jacob Lobingier.

For the Robbstown and Mount Pleasant Company- George Plumer, Henry Null.

For the Huntingdon, Cambria and Indiana Company -George Mulhollan, jr., Christian Garber.

For the New Alexandria and Conemaugh Company -James Long, Joseph Cook.

For the Pittsburg and Greensburg Company-David Shields, Dunning R. M'Nair.

For the Pittsburg and New Alexandria Company- James Murray, Samuel Jack.

For the Stoystown and Greensburg Company-John Y. Barclay, Alexander Johnson.

For the Bedford and Stoystown Company-John Clark, Richard Ewalt.

For the Mount Pleasant and Pittsburg Company- James Estep, Jesse Lippincott.

For the Pittsburg and Butler Company-Hugh Davis. All of whom were present, except Messrs. Shields and Mulhollan.

The Convention was then addressed by the President, and by Mr. Barclay who stated the object of the con- vention, and explained the motives of the managers and stockholders with whom the call originated; whereup- on, on motion of Gen. Murray, it was

Resolved, That a committee of seven members be appointed to arrange the business to be brought before the convention, and to make report at 2 o'clock, P. M.

And, the president having appointed Messrs. Murray, Gebhart, Estep, M'Nair, Hill, Russell, and Barclay, to compose the committee, on motion of Mr. Gebhart, the convention adjourned till 2 o'clock.

At 2 o'clock, the convention having re assembled, Attest, Messrs. Thomas McDowell, and James McDowell, del- | John Y. Barclay, ?

egates from the Chambersburg and Bedford Company,

presented a certificate of their appointment and took their seats.

Gen. Murray, from the committee appointed in the forenoon, made report as follows, viz:

" The committee appointed to arrange the business to be brought before the convention, respectfully re- port-

First-That the inequality of tolls charged by the managers of the several companies represented in this convention, is a subject of primary importance for the consideration of the convention-it being very desira- ble, in the opinion of the committee, that the tolls should be equalized, and it appearing to the committee that the tolls paid by stage owners vary from one half to full tolls.

Second-That in the opinion of the committee, the convention should consider the propriety of having pre- pared and presented to the next Legislature a memo- rial from this convention, from the several boards of managers, and from the individual stockholders of the different companies, representing the true situation of the companies, and praying that an appropriation of a sufficient sum to discharge the debts of the companies may be made, in such manner as the Legislature may deem just.'

Mr. Gebhart moved the second reading and consider- ation of the report; and after some desultory remarks on the construction of the 12th section of the turnpike road law, fixing the rates of toll, and a resolution of the Robbstown and Mount Pleasant Board passed on 4th inst. was read, the report was on motion of Mr. Bar- clay, unanimously adopted.

It was then, on motion,

Resolved, That Messrs. Russell, Gebhart and Barclay be a committee to memorialize the next Legislature, on the part of this convention, as recommended in the se- cond item of the report made by the committee.

Dr. Estep than offered the following resolution, viz: Resolved, That in the opinion of this convention, the several Boards of Managers have the right to lessen the toll in particular cases, according to their views of the general interests of the country.

The resolution produced a debate, in which the mo- ver, Dr. Estep,and Messrs. Garber,Barclay, Russell and McDowell participated, and on the question being cal- led, the yeas and nays were required, and were as fol- lows, viz:

Yeas-Messrs. Black, Estep, Gebhart, and Lobin- gier-4.

Nays -- Messrs. Barclay, Barr, Clark, Cook, Davis, Ewalt, Garber, Hill, Jack, Johnson, Lippincott, Long, T. McDowell, J. McDowell, McNair, Murray, Null, Plumer, Russell-19.

So the resolution was rejected.

Mr. McNair then offered the following resolution.

" Resolved, That - be a committee to corres- pond with the different Turnpike Companies, and as- certain from them their views on the first item reported by the general committee, and whether they will concur in the sentiment therein expressed, and if so, at what time-and that, on receiving the same, they communi- cate the result, to the different companies:" and the blank having been filled with the names of Messrs. McNair, Davis, and Estep, was unanimously agreed to. It was then, on motion,

Resolved, That the proceedings of this meeting, sign- ed by its officers, be published in the Bedford papers, and all others in the state friendly to the turnpike interest. Resolved, That the thanks of this convention be ten- dered to the President and Vice Presidents thereof, for their able and impartial performance of their duties.

The convention then adjourned, sine die.

GEORGE PLUMER, President.

CHRISTIAN GARBER, 2 Vice

ALEXANDER JOHNSTON, S Presidents.

Secretaries.

J. M. Russell,

137

GENERAL BRADDOCK'S DEFEAT.

1833.]

From the Military and Naval Magazine. A SHORT HISTORY OF THE CONTINENTAL FRIGATE ALLIANCE.

The following sketch has been communicated by an officer of the Navy, who was personally intimate with Commodore Barry, and who has had other opportuni- ties to become acquainted with the facts narrated.

The continental frigate Alliance was built at Salisbu- ry, on the river Merrimack, in Massachusetts.

The alliance with France, in 1778, induced our go- vernment to give the frigate the name she bore.

When the Trumbull frigate was captured, in 1781, the Alliance and Deane frigates composed our whole na- val force of that class of ships.

The Alliance was commanded by many of the most distinguished officers of the Continental Navy-Barry, Jones, Nicholson, and others. Commodore Dale served in her as first lieutenant, under Jones.

The history of this ship furnishes many pleasant anec- dotes, illustrative of great gallantry, and good humor, many of them occurring at periods of time when it would be supposed that the minds of responsible characters were naturally otherwise engaged. The frigate Alli- ance, while convoying the sloop of war -, command- ed by Captain Green, from Havanna, having on board the money that founded the Bank of North America, was chased by a seventy-four, and a large sloop of war; the seventy-four and our sloop sailed nearly the same; but the English sloop out-sailed ours, and no doubt would have come up with her, and in all probability, have so injured her masts and sails, as to allow the seventy-four to come up, when she would of course have been taken; on each of those attempts to close with our sloop, Commodore Barry, who took his station on the weather quarter of our sloop, bore down on the English sloop and engaged her. The Alliance being of superior force, the English sloop was compelled to sheer off, and thus the money was preserved, which contributed much to the happy termination of the war with England.

In one of the encounters of the Alliance frigate and British sloop, a shot entered the corner of the Alli- ance's counter, and made its way into a locker, where all the china, belonging to the Captain, was kept; an African servant of the Commodore, a great favorite, ran up to the quarter deck, and called out "Massa, dat dam Ingresse man broke all de chana!" "You rascal," said the Commodore, "why did you not stop the ball?" "Sha, massa, cannon ball must hab a room."

At the close of the war the Alliance was sold by the government, and purchased by Robert Morris, and Cap. tain Green, and with Commodore Dale in the capacity of chief mate, made the first voyage from Philadelphia to China, that ever was attempted out of that port; and little did they suppose, at the time they started, that a small craft from Salem was on her way before them; but such was the fact, for on their arrival in the Indian ocean, they fell in with a small Yankee schooner, and on hailing her, answered from Salem. Captain Green in- quired what charts they had: the answer was none, for there were none to be had; but we have Guthrie's grammar. This passage was performed out of season; and it is believed to have been the first ever made out- side of New Holland, by an American.

Com. Barry, while commanding the Alliance, was chased by the Chatham, sixty-four, off from the en- trance of the Delaware bay, and it has been said, that, on that occasion, the ship sailed fifteen knots, and run down the Speedwell, British sloop of war, the command- er of which attempted to prevent the escape of the Al- liance.

The Alliance, after all the wonderful escapes from the enemy, and long and perilous voyages, died a natu- ral death in the port of Philadelphia, and laid her boncs on Pellet's Island opposite that city.

In the year 1802, an officer attached to Commodore VOL. XII.

Dale's squadron, met with Captain Vashon, of the Bri- tish Navy at Gibraltar, who then commanded the Dreadnought, nincty-eight, and was informed by him, that he commanded the English sloop of war before spoken of. Captain Vashon made the most respectful inquiries after Commodore Barry, and stated the facts as they had been frequently related before, by the Commodore himself, and in the most magnanimous terms accorded to that gallant officer, a full and gene- rous portion of his approbation, for the masterly ma- nœuvering of the Alliance, on that occasion. Captain Vashon stood high in the British Navy, as a distinguish- ed seaman, and observed, that the commander of the seventy-four, who was then an Admiral, spoke often to him on the subject of their pursuit of the frigate Alli- ance: always giving the Commander great credit for his conduct. Commodore Barry, on this, as on all oth- er occasions, evinced his love of justice, and spoke of Captain Vashon's conduct, bravery, and ability, in terms of the highest commendation.

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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 40

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