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 51

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 51

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The wind has been 3 days east of the Meridian, 18 days west of it, 8 days north and 2 south.

There was rain on the 2d, 3d, 9th, 14th, 25th, and 30th, and at night on the 6th and 11th.

Mean temperature of this month 1º colder than last July.

From the Venango Democrat. INTERNAL IMPROVEMENTS:

As the improvement of our internal communications is the grand hobby upon which the welfare of this part of the country must in future depend, I trust that it will not be unacceptable to your readers to give my ideas upon this subject.

It does appear to me, that in the widely extended range of canal and rail road improvements undertaken by this Commonwealth, that one very important com- munication has been neglected by the Legislature and citizens generally.

We have justly heard much said in favor of a connex- ion with Lake Erie: much has been said and written in favor of the different interests, and of course each neigh- borhood feels an anxiety for a canal or rail road to open a communication to market for their surplus produce. But in this scramble for minor interests, 'there is danger that the general good may suffer. This is of primary importance, and should ever be the polar star to guide the Legislature in the making of extensive appropria- tions for improvements. However, far be it from me to say, that any thing now done or proposed, is not for the general good-no neighborhood can be benefitted 'by improvements, unless the public are in some mea- sure the gainers. I believe that every county should have a canal or rail road uniting them with the sea- board, and the time is fast coming, when a canal or rail road will be considered as necessary as a public road is at this time. But the great leading artery connecting the great body politic, should first be made, and then the branches leading to every possible avenue of trade.

In order to show more fully my views, I will make a comparative statement of the distances from the three great Atlantic cities, New York, Philadelphia, and Baltimore, (the great competitors for the Western trade.) to Lake Erie.

Miles.

1st, New York, via the Hudson and Erie canal to Buffalo,

508

2d, New York, via the New York and Erie rail road to Lake Erie, (not less than)

475

3d, Philadelphia via the Pennsylvania canal and rail road to Pittsburg, and Beaver, and Shenango route to Erie harbor,

563

4th, Philadelphia via the Pennsylvania canal and rail road to Pittsburg, to the Ohio canal and to Cleaveland harbor, 580

5th, Philadelphia, via the Pennsylvania canal to the mouth of the Kiskeminetas, and of the Allegheny river to the mouth of French creek and by canal to Erie harbor,

528

6tlı, Baltimore via Baltimore and Ohio rail road to Pittsburg, and Beaver and Shenango route to Erie harbor,

493

7th, Baltimore to Pittsburg via Baltimore and Ohio rail road, and to the Ohio canal and to Cleaveland harbor,

510

8th, Baltimore to Pittsburg, as before, up the Allegheny river to French creek and to Erie harbor,

518

The foregoing are the principal routes or lines of com. munication that have engaged the public mind for some time past. I will now give the distance from Philadel- phia by the Pennsylvania canal and rail road, and a

central rail road through the northern part of Pennsyl- vania to the mouth of French creek, and by the canal to Erie harbor.

Miles.

Philadelphia by the Pennsylvania canal and rail road to the mouth of Bald Eagle creek in Centre county, as now made, 229

From mouth of Bald Eagle creek to mouth of French creek in Venango county, 140

From mouth of French creek to Erie Harbor, (upwards of 30 miles being already made, ) 76

Total distance from Philadelphia to Erie, 445

Thus it will be seen that this route gives Philadel- phia the decided advantage in point of distance over all others, and by this communication will supersede New York and Baltimore in the Lake trade, but otherwise, either of those places will have the advantage.

I would suggest the propriety of calling a public meeting of our citizens upon this subject; perhaps a convention of the counties interested, would be an agreeable proposition, at some suitable place soon.

A FRIEND TO IMPROVEMENTS.

GENERAL ANTIIONY WAYNE.

The following Biographical Sketch of this upright, able and gallant Pennsylvanian, is taken from the thir- teenth and last volume of the Encyclopedia Americuna, recently published by Messrs. Carey, Lea & Blanch- ard.

ANTHONY WAYNE,

A distinguished general in the American army, was born in the township of Eastown, Chester County, Pennsylvania, Jan. 1, 1745. His father was a farmer of great respectability, and passed a long life of use- fulness to his country, having frequently occupied a seat in the provincial legislature, and repeatedly distin- guished himselfin expeditions against the Indians. His grandfather was a warm friend of liberal principles, and commanded a squadron of dragoons, under King William at the memorable battle of the Boyne. He emigrated to America in 1722. The subject of this sketch received a good education, though, for some time after his entrance into school, he spent much more time in planning and executing military amusements, than at his books; but, in consequence of a threat of his father to consign him to the drudgery of the farm, he ap- plied himself assiduously to study, and in mathematics, attained great proficiency. After leaving the Philadel- phia Academy at eighteen years of age, he took up his residence in his native county, and commenced the bu- siness of a surveyor, in which he acquired great repu- tation and success, devoting also a portion of his time to practical astronomy and engineering. On these sub- jects he left manuscripts, which have obtained high commendation from adequate judges. He likewise filled some county offices, and took a very active part in the preparation for the struggle which resulted in the independence of these United States. He was one of the provincial deputies, who, early in the year 1774, were chosen by the different counties of Pennsylvania to take into consideration the alarming state of affairs between Great Britain and her colonies, and report concerning it; and a member of the Pennsylvania con- vention, which shortly afterwards assembled at Phila- delphia, and excited powerful emulation in the other colonies. In the same year, he was chosen a represen- tative of Chester county, in the provincial legislature, and in the summer of 1775, was appointed a member of the committee of safety, to whom the duty appertained of calling into actual service the associators (as they were termed, ) and providing for the defence of the province against invasion from abroad and insurrection at home.

1833.]

GENERAL ANTHONY WAYNE.

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GENERAL ANTHONY WAYNE.

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Being de sirons of serving his country in a military capacity, to which his natural bent was strong, he re- tired from civil employment in September, 1775, and raised a company of volunteers, of which he was un- animously elected colonel. In January of the ensuing year, he was appointed, by congress, colonel of one of the regiments which they had resolved to raise in Penn- sylvania, and, at the opening of the campaign, received orders to join the army under Gen. Lee, at New York. Thence he proceeded with his regiment to Canada, and shared in the unsuccessful attack upon the enemy at Three Rivers (conducted by general Thompson, ) on which occasion he was wounded, and distinguished him- self for his bravery and good conduct in uniting and bringing off the broken troops. After the retreat from Canada, and the departure of Gates to join Washington's army, he was entrusted, by General Schuyler, with the command of the fortresses of Ticonderoga, and Mount Independence. Feb. 21, 1777, he was promoted by Congress to the rank of brigadier General. He con- tinued in command of Ticonderoga and its dependencies until the month of May, when in consequence of his earnest solicitations, he was allowed to join the main army, under Washington, in New Jersey, where he was immediately placed at the head of a brigade, which he made every exertion to bring into the field in the highest state of discipline. After the British retreated from New Jersey, the commander in chief complimented him on his bravery and good conduct. As soon as the object of the next movement of sir William Howe was devel- oped, general Wayne, in pursuance of the directions of Washington, left his brigade under the next in com- mand, and proceeded to Chester, in Pennsylvania, to arrange the militia who were to rendezvous there.

In the battle of Brandywine ( Sept. 11, 1777), he com- manded a division stationed at Chad's ford, for the pur- pose of resisting the passage of the column under Knyphausen He maintained the contest with the ut- most gallantry until near sunset, when at length, over- powered by numbers, and perceiving the enemy, who had defeated the right column of the American army, approaching his flank and rear, he was compelled to retreat. A few days afterwards (on the 16th,) Wash- ington determined to try the fate of anuther battle; and, both armies being + rrayed in Goshen township, Chester county, on the road leading from Philadelphia to Lan- caster, the action was commenced with great spirit by Wayne, who led the advance. It was soon arrested, however, by a violent storm, which rendered it impossi- ble to keep thefield. On the 20th, Wayne, in pursuance of the orders of the commander in chief, to move forward upon the enemy, and endeavor to cut off his baggage, took an excellent position, with 1500 troops, including militia, a mile south of the Warren tavern, and three miles in rear of the left wing of the British army, whence, after being reinforced, it was his intention to march and attack the enemy's rear when they decamp- ed.

He made every arrangement to prevent a surprise, but the British having received full intelligence of his movement, from traitors, and being faithfully piloted by them, contrived to attack him unawares, with supe- rior numbers, and obliged him toretreat after an obsti- nate resistance-but his troops formed again at a small distance. This affair having caused some to attach blame to him, he demanded and obtained a court mar- tial, by whom it was unanimously decided that he had done "every thing that could be expected from an ac- tive, brave and vigilant officer, under the orders which he then had;" and he was therefore acquitted "with the highest honor." At the battle of Germantown he evinced his wonted valor, leading his division into the thickest of the fight, and, in covering the retreat, he used every exertion which bravery and prudence could dictate. His horse was killed under him within a few yards of the enemy's front, and he received two slight wounds, in the foot and in the hand. During a large

portion of this campaign of 1777, owing to a combina- tion of circumstances, he performed alone the duty of three general officers. About the middle of February, 1778, when the army was in winter quarters at Valley Forge, and suffering miserably from the want of pro- visions, he was detached with a body of troops to New Jersey, in order to secure the cattle on the eastern banks of the Delaware, and to destroy the forage which could not be removed, lest it should fall into the hands of the enemy. This was a most hazardous and arduous enterprize, within the limits of the enemy's lines, and in a district of country subject to his control whenever he chose to exert it -- but he cheerfully pro- ceeded to execute the orders of the commander-in- chief, and literally carried on a winter campaign beyond the reach of any aid After several skirmishes with the enemy, in all of which he was successful, he suc- ceeded in sending to camp several hundred head of fine cattle, many excellent horses, suited for cavalry service, and also in securing a quantity of forage, and destroying much more, for the whole of which, to the well affect- ed, he executed certificates in due form. He returned to the army about the middle of March, and with his officers and soldiers, received the thanks of the con- mander-in chief. In all councils of war, general Wayne was distinguished for supporting the most energetic and decisive measures. In that which was held before the battle of Monmouth, he and General Cadwalader were the only two of the seventeen general officers who were in favour of fighting. This engagement added to his reputation, his ardor and resolution having been so conspicuous that Washington mentioned him with particular distinction in his official report to Congress. In 1779, Washington having formed a corps of light infantry, composed of a select body of troops from the different regiments of the army, appointed general Wayne to its command. In July of this year, he was intrusted, by the commander in-chief, with the execu- tion of a design which he had formed for attacking the strong post of Stoney Point, on the Hudson river.

For the details of his success in carrying the fort on the 15th of July, by a night assault, and making the garrison pris ners with bayonets alone, wi hout firing a single gun, we must refer to the history of the times. In the attack, he was struck by a musket ball on the forehead, which grazed lis skull nearly two inches in length, just under the hair. He fell, but instantly rose on one knee, exclaiming, "Forward, my brave fellows, forward!" then, in a suppressed voice, said to his aids, "Assist me: if mortally wounded, I will die in the fort." They did so, and the three entered amongst the fore- most troops. The wound fortunately proved slight.

The thanks of congress, and a gold medal emblematic of the action, were presented to Wayne for his "brave, prudent, and soldierly conduct." At the end of the year 1779, the corps of light infantry was dissolved; and soon afterwards general Wayne resumed his command in the Pennsylvania line. During the campaign of 1780, he was constantly actively employed, and, in that of 1781, which ended in the capture of Cornwallis and the British forces at Yorktown, he bore a conspicuous part.

He was sent by Washington to take command of the forces in Georgia, where the enemy were making for- midable progress. After some sanguinary encounters, he accomplished the establishment of security and order, and was presented by the legislature of the state with a valuable farm for his services. Peace soon after followed, when he retired to private life. In 1789 he was a member of the Pennsylvania convention, and an advocate of a the present constitution of the United States. In 1792 he was appointed by Washington the successor of general St. Clair in the command of the army engaged against the Indians on the western fron- tier. It was at first supposed that his ardor would ren- der him an unfit opponent of a foe remarkable for cau-

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1833.]

tion. He soon, however, proved the incorrectness of this idea. He established admirable discipline among his troops, and by his wise and prudent measures in preparing for an engagement, and the skill and bravery with which he fought and gained the battle of Aug. 20, 1794, near the river Miami of the Lakes, he brought the war to a completely successful termination. In 1795 he concluded a definitive treaty of peace with the In- dians. General Wayne died in December, 1796.

BIOGRAPHY OF JOSEPH REED.

The history of a large portion of those illustrious men, who achieved our national independence, is almost entirely unknown; and some indeed whose heroic con- duct and strenuous exertions in the cause of liberty, deserve a higher record than a mere passing notice from a newspaper. Among the most worthy of the band of patriots, one whose virtues are not sufficiently known, and whose name is seldom met with in any notice now taken of these perilous times, is Joseph Reed, of Penn- sylvania. True his name is not connected with any glo- rious battle-he never led his fellow men on the deadly strife, but a want of courage could not be attributed to him. He possessed that true moral courage of a truly brave man, and where is there another, who could have made the reply of Joseph Reed-"Iam not worth pur- chasing; but such as I am the king of Great Britain is not rich enough to do it." Such was the language of Mr. Reed, to the tempting offers of the British govern- ment.

JOSEPH REED.

the articles of confederation. About this time, the British commissioners, governor Johnstone, lord Car- lisle and Mr. Eden, invested with power to treat con- cerning peace, arrived in America; the former of whom addressed private letters to Mr. Laurens, Mr. Dana, Mr. Morris and Mr. Reed, offering them various induce- ments to lend themselves to his views. He caused in . formation to be secretly communicated to general Reed, that, if he would exert his abilities to promote a recon- ciliation, £10,000 sterling, and the most valuable office in the colonies, should be at his disposal. The answer of Reed was, "I am not worth purchasing; but such as I am, the king of Great Britain is not rich enough to do it." In the same year, he was unanimously elected president of the supreme executive council of Penn- sylvania, and continued in the office for the constitu- tional period of three years. At the time, there were violent parties in the state, and several serious commo- tions occurred, particularly a large armed insurrection in Philadelphia, which he suppressed, while he rescued a number of distinguished citizens from the imminent danger of their lives, at the risk of his own, for which he received a vote of thanks from the legislature of the state. The revolt of the Pennsylvania line, also, in 1781, was suppressed through his instrumentality; and he was deputed, with general Potter, by the council of the state, with ample powers to redress the grievances complained of. [For numerous documents in relation to this affair, see Reg. vol. 2-p. 137, &c. ] 'To him, like- wise, belongs the honor of having been the original cletector and exposer of the character of Arnold, whom he brought to trial for mal practices while in command at Philadelphia, notwithstanding a violent opposition on the floor of congress, and the exertions of a power- ful party in Pennsylvania. Amidst the most difficult and trying scenes, the administration of Mr. Reed ex- hibited the most disinterested zeal and the greatest firmness and energy. His knowledge of law was very useful in a new and unsettled government; so that, although he found it in no small weakness and confu- sion, he left it, at the expiration of his term of office, in 1781, in as much tranquility and stability as could be expected from the time and circumstances of the war. He then returned to his profession. In 1784, he again visited England, for the sake of bis health: but his voyage was attended with but little good effect. On the 5th of March, in the following year, he died, in his forty-third year. In private life, he was accomplished in his manners, pure in his morals, fervent and faithful in his attachments .- Enc. Amer.

Joseph Reed, president of the state of Pennsylvania, was born in New Jersey, Aug. 26, 1741. In 1757, at the age of sixteen, he graduated at Princeton college. After studying law in that place, he repaired to Eng- land, where he prosecuted his studies until the distur- bances in the colonies by the stamp act On his return, he commenced the practice of his profession in Phila- delphia, and met with . istinguished success. He em- barked actively in the political struggle of the day, on the side of independence, and in 1774, was appointed one of the committee of correspondence of Philadel- phia. He was in the same year, also president of the first provincial convention held in Pennsylvania, and a delegate to the continental congress. On the formation of the army, he resigned a lucrative practice, and, at the solicitation of general Washington, repaired to the camp at Cambridge, where he was appointed aid- de-camp and secretary to the commander-in-chief. Throughout this campaign, though acting merely as a INTERESTING LAW OPINION. volunteer, he displayed great courage and military abil- ity. In the beginning of 1776, he was made adjutant CASES OF TRESPASS. general, and contributed materially, by his local know- Several actions of trespass and damage, under $100, have been brought by JONATHAN C. BALDWIN, of Ches- ter county, against the Superintendent, Engineers and Contractors upon the Columbia and Philadelphia Rail- road, As the Justices before whom these suits have been instituted, have invariably given judgment in favor of the plaintiff, for sums under five dollars and thirty. three cents, thereby depriving the defendants of the right of appeal, and omitting to set out on the face of the record, such facts in relation to the defence as will enable the court, (without the admission of affidavits) to decide upon the jurisdiction of the justice; it is pro- bable that in some cases, those proceedings have origi- nated from ignorance of the law, on the part of the justice. Feeling very desirous that the most perfect harmony and good feeling should exist between the Agents of the Commonwealth who have charge of this improvement, and the citizens of the country through which it passes, I wish merely to draw their attention to the act of assembly, passed the sixth day of April, 1830, pamphlet laws, page 220, Sect. 5, "And be it further ledge, to the success of the affairs at Trenton and Princeton. During the week which elapsed between the two actions, he proposed to six Philadelphia gen- tlemen, members of the city troop, to accompany him on an excursion to obtain information. They advanced into the vicinity of Princeton, where the enemy was stationed, and surprised twelve British dragoons in a farm house, who surrendered to this party of half their number, and were conducted by them to the American camp. At the end of the year, he resigned the office of adjutant-general. In 1777, within a period of less than two months, he was appointed Chief Justice of Pennsylvania, and named by congress a brigadier gene- ral. He declined both offices, however, but continued to serve as a volunteer until the close of the campaign. He was present at almost every engagement in the northern and eastern section of the Union; and, al- though at each of the battles of Brandywine, White Marsh and Monmouth, he had a horse killed under him, he had the good fortune never to receive a wound. In 1778, he was elected a member of congress, and signed / enacted, &c. That in cases where injury or damage has

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[SEPTEMBER

been, or may be done to private property, by reason of : will hear affidavits to prove the facts necessary to show the Pennsylvania canal, or rail road passing through the ; excess of jurisdiction, if they should not appear upon same, OR BY THE TAKING OF ANY MATERIALS FOR SAID record, although in ordinary cases, where the jurisdic- CANAL OR RAIL ROAD, it shall be the duty of the canal tion is not disputed, the parties are generally confined to the record returned by the justice, vide 3 Yeates, 479, Ashmead's Rep. 52, ib. 217, 222, Wharton's Dig .. 474-5 Bin. 29. 2 Dal. 77, 114. I therefore recommend that writs of Certiorari be taken out, and good Counsel be employed to attend to the proceedings. commissioners to ascertain as nearly as may be in their power, the amount of damage actually sustained, and to make an offer of such sum to the persons aggrieved, as they shall think reasonable: a record of which offer shall be made, and if the same should not be accepted; and the damages thereafter assessed in the manner pro- vided for by this act should not amount to a larger sum than the one offered as aforesaid, the person, or persons in whose favour such damages may be assessed, shall pay all the costs attending such assessment, and a cer- tified copy of the record of such offer as aforesaid, shall be evidence of the amount thereof."

From the foregoing section it is plain, that a justice of the peace has no jurisdiction in the cases referred to; and that the law was specially designed to shield the Agents of the Commonwealth from actions of tres- pass, as well as to protect the rights of the citizens, by directing their damages to be assessed by a more com- petent and impartial tribunal. In procuring materials for this rail road the ag nts of the State have felt great anxiety, that the least possible injury should be done, either to the property, or the feeling of the citizens of the country, that the nature of the case would per- mit, and in every instance, where a contrary course has been pursued by the contractors, it has been promptly checked, upon the first intimation of the fact.

These remarks have been made, with the hope of preventing, in future, those illegal and vexatious pro- ceedings before justices of the peace. If this hope shall be realized, it will be a matter of gratification to the agents of the commonwealth. and I feel confident that it will eventually be so to the owners of property from whom materials are procured: but if, on the con- trary, those persons who are deeply interested in the early completion of this great public work, and who have heretofore been clamorous upon that subject, shall continue to annoy and vexatiously retard its pro- gress, I feel assured that a strict enforcement of the laws of the commonwealth, however unpleasant that resort may be, together with that respect which the Legislature must feel for their own enactments, will ef- fectually eradicate the evil. Subjoined is the opinion of the Attorney General upon the cases referred to.

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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 51

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