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 68
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We are dependant upon the salt works near Pitts- burg for our supply of that indispensible article, used in immense quantities in our region of country for stock, The country bordering on the Monongahela and its tributaries, whether considered in reference to its agri- cultural and manufacturing capabilities, or its mineral manufacturing purposes, and family consumption. The larger portion of our groceries, such as sugar, lead, cof- fee, tea, &c. are also procured from Pittsburgh, to- | productions and resources, is not surpassed by any por-
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DEPUTY SHERIFF.
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tion of country of the same extent and population be- tween this district and the city of New Orleans.
The coal excavated from inexhaustible mines, on the banks of the Monongahela, for more than a hundred miles in extent, now actually supplies the markets, 'propels the machinery, and feeds the fires of the principal cities and towns on the Ohio and Mississippi. The ore and iron supplied by the same region keep in operation at least one hundred furnaces, forges, rolling and slitting mills, and other iron factories, supplying the new and growing states of the west with this necesssry and indis- pensable article. No less than twenty glass works, ma- nufacturing an average of 4,000 boxes each, per annum -eight extensive paper mills, besides a number of oth - er manufacturing establishments, of cotton, wool, &c., are now in operation within a distance of fifty miles along the Monongahela, and their number rapidly increasing. Within the last year, no less than twenty steamboats, varying from 80 to 600 tons have been built, and from 40 to 50 steam mills built for the manufacture of flour and boards alone, on the banks of the Monongahela, whose productions, for want of the proposed improve- ment, can now only be transported to the appropriate markets during short and uncertain periods of high water. The aggregate of the mineral and manufactur- ed productions of the country of the Monongahela and its tributaries, have been estimated at one million of dollars per annum. and their agricultural productions may, we think, be safely estimated at an equal sum, and the amount would of course be greatly increased by the powerful stimulus which the proposed improvement would apply to the productive energies of our country.
The fall in the Monongahela river has been ascertain- ed by repeated surveys, to be less than seven inches per mile, for nearly one hundred miles in extent, and the whole sum required to make a perfect steamboat navigation, by lo ks and dams, falls considerably short of half a million of dollars; a sum altogether inconsider- able, when compared with the great importance of the objects to be attained; and, especially when it is consi- dered that the proposed improvement will extend equal facilities to the ascending and descending navigation, and open a new and extensive market to the sugar, cot- ton, leat, and other productions of the south, in ex- change for the equivocal productions of this upper country.
Your memorialists, therefore, confidently trust, that when your honorable bodies consider the importance of the improvement proposed, and the small sum required for its accomplishment -- when you advert to the fact that it is not a new and independent work, but a mere extension of an improvement already in progress, to a higher practicable point-when you look to the mineral, manufacturing, and agricultural resources of the coun- try through which it is to pass, and the immense and diffusive benefits it will confer on the country above and below, by facilitating the commerce, and cheapen- ing the supply of important and indispensable articles to a great portion of the western states, you will not with- hold the comparatively small amount required, from an overflowing treasury, for its accomplishment.
Mr. Craig offered the following resolutions, which were unanimously adopted
"Resolved, That the members of this Convention have viewed, with much gratification, the progress made towards the completion of the eastern section of the Chesapeake and Ohio canal; and that they do most ear- nestly pray that Congress will, during its ensuing session, make an appropriation for the commencement of the western section of this truly national work.
Resolved, That the members of Congress, from the different districts represented in this Convention, be requested to use their influence in favor of such appro- priation."
On motion of Mr. Stewart, it was resolved that a copy of the proceedings of this Convention, and the memo- rial, be forwarded to the President of the United States,
by the officers of this Convention, with a letter, re- questing his early attention to the subject.
On motion of Mr. Gay-"Resolved, That 500 copies of the reports and memorial of the Committees appoint- ed in this Convention, be printed and circulated.
On motion of Mr. Stewart-"Resolved, That the dif ferent printers in the counties represented in this Con- vention, and others favorable to its object, be requested to publish the proceedings of this Convention.
On motion of Mr. Byrne-"Resolved, That each member of the Convention be furnished with a printed copy of these proceedings, by the Secretary.
On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be tendered to the Presbyte- rian and Lutheran congregations, in Greensboro and vicinity, for their liberality in affording to the Conven- tion the use of their church, and to the citizens of Greensboro, New Geneva, and their vicinities, for their kind hospitality to the delegates assembled."
On motion of Mr. Craig-"Resolved, That the thanks of this Convention be presented to the President, for the able, dignified, and impartial manner, in which he has discharged his duties as presiding officer."
On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be offered to the Vice Presi- dent and Secretaries, for the able and efficient manner in which they have discharged their duties."
On motion of Mr. Lazier-"Resolved, That this Con- vention do now adjourn."
From the Columbia Spy. DEPUTY SHERIFF.
Mr. Printer,-
An interesting question has arisen and is much con- sidered in Lancaster county-Whether a Deputy She- riff, who has served as such for three years, is legally eligible to the office of High Sheriff. Having investi- gated the matter for my own entertainment, I send you the result of the examination. Ifyou think it will inform and entertain others, please place it in the Spy.
On adverting to the law on the subject of constitut- ing Sheriff's, from the first settlement of Pennsylvania to the present day, we find, that
The Proprietor took as his guide when limiting the time a Sheriff was to hold his office, the English Sta- tutes then in force. By the Charter of Privileges, granted by William Penn, October 1701, Section 3, the freemen in each county in Pennsylvania were au- thorized to "choose a double number of persons to present to the Governor for Sheriff, to serve for three years if they'so long behaved themselves well, one of which might be commissioned by the Governor, within three days after, and if not commissioned in that time, the first-named on the presentment should stand and serve for a limited time."
On the 12th of January, 1705, an act of the Provin- cial Legislature was passed "For regulating the elec- tions of Sheriffs and Coroners," containing,substantially the same provisions as the Charter, except as to the time the office was to be holden, which, by the act, was limited to one year. At this time so low was the respon- sibility of the Sheriff rated, that in Philadelphia coun- ty, he was to enter into recognizance for the faithful performance of his duty, in the sum of only £600, cur- rency, and in Bucks and Chester, the only other coun. ties in the then province, in the sum of $200 for each.
Nothing further occurred in legislation regarding the election of Sheriffs, until the act of the 14th February, 1729-30; into which the 20th Section was introduced, which is as follows: "For the more effectually pre- venting oppressions to his Majesty's subjects within this province,-Be it further enacted, That no Sheriff with- in this province shall continue in his office above three years; and no man, who hath been Sheriff or Under Sheriff of any county, by the space of three years, shall
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ORDINANCES FOR THE GIRARD ESTATES.
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be chosen Sheriff of that county again, within three years next ensuing, upon pain of forfeiting £200,by him who shall occupy his office, contrary to the effect and intent of this act." This act, neither in its letter or spirit, declares that a Sheriff, or Under Sherifi, who has been such for three preceding years, shall not be again eligible, and that his election shall be void, but lays those under a forfeiture of £200, who shall occupy the offices contrary to the intent and effect of the act. It is a penal act, subjecting certain persons to a pen- alty, and it is to be construed strictly. The Sheriff oc- cupying the office under the circumstances specified in the law, was liable to the forfeiture and nothing more. The law did not declare the Under Sheriff ineligible by the people, for he had never been elected by them be- fore nor has been since.
That this was the construction of this section of the law at this time, is to be inferred from this-that next year, 1730-31, an act was passed, explanatory of the act of 1729-30; which declared that the election of a Sheriff or Under Sheriff should be null and void, which there would have been no need of, if the act of 1729-30 had expressed the same thing. And even if the 20th section of that act is in operation and effect, the explanatory act being as we shall see annulled, it cannot be so construed as to exclude a Deputy from being elected Sheriff. This last mentioned act is in- cluded in the list of acts repealed and obsolete, inserted in 1st Smith's laws 20.
But if the acts of 1729-30, and 1730-31, rendered the election of a Sheriff or his Deputy who had been in office three years absolutely void, both those acts have been superceded, abrogated and repealed, more than fifty years since.
The 31st section of the third chapter of the Constitu- tion of Penusylvania, formed on the 28th September, 1776, made provision for the election of Sheriffs and the duration of their office. This provision is incompa- tible with the 20th section of the law of 1729-30, and being paramount and superior to all legislative enact- ments, operated as a repeal of this act. This new con- stitutional regulation as to Sheriffs, recognized no disa- bility of a Deputy or Under Sheriff, as a consequence of his term of service. This clause of the constitution contained all that was requisite to be guarded against on the subject of the election of Sheriff's, and this new enactment in its nature took place and superceded all preceding ones. By it the law of 1729-30, was annul- led. The constitutional law of 1779 continued until 1790, when the existing constitution was adopted. The 6th article, section 1, contains the whole of the funda- mental law regarding the election of Sheriffs, and directs that no person shall be twice chosen or appointed She- riff, in any term of six years. The only person intended to be excluded from election was the Sheriff who had been in office three years, for if it had been intended to exclude his Deputy he would have been named. Eve. ry citizen has a right to be elected to and enjoy any of- fice, unless he is excluded by the constitution of the state, or a law made under and consistent with it. Nei- ther can the right ofa citizen who had been once a De- puty Sheriff, to be elected to and enjoy the office of Sheriff be taken away but by express words. It is an invaluable franchise of which he cennot be deprived, by mere construction. "For preventing oppression to his Majesty's subjects," one hundred and three years since, a legal provision excluding an Under Sheriff of three years service from being chosen Sheriff of the county, might have been expedient, but the republican makers of the constitution of 1776, and 1790, valued more highly, and treated more tenderly, the right of the citixen, who had been either a Deputy or Under She- riff, and left him without restriction, and the people at liberty to make a High Sheriff of him, if they pleased.
At the time of passing the law of 1729-30, there was an officer, known under the name of Under Sheriff of the county, who was appointed by special direction of VOL. XII. 30
the stat. 3d, Geo. I. chap. xv. sect. 1, 10, 11, and who was to act as Sheriff in case of the death or inability of his principal. 2 Johns Rep. 73. It was this officer, strictly so called, and not a general deputy, that was in- tended by this act of 1729-30. Deputy Sheriff's in Penn- sylvania, are the same officer as a Sheriff's General Bai- liff in England, and not the officer known there as Un- der Sheriff. The Under Sheriff gave security to the King acd took a long special oath of office, before he could act. Vide 6 Bac. Abr. 150, 151. An Under Sheriff has higher and different powers than a Deputy Sheriff, or a Deputy, as such, cannot make a Bailiff, nor assign a bail bond, nor make return to writs, as Under Sheriffs may do in England. 6 Bacon Abr. 154.
From the preceding we think it results, that the 20th section of the act of 1729-30, and the act explanatory of it, passed in 1830 31, never applied to a Sheriff's Deputy or General Bailiff of the Sheriff, as created in Pennsylvania, but to an Under Sheriff, an officer well known to the English law in 1730; but who, since 1776, has not been appointed, commissioned sr sworn in Penn- sylvania, unper the stat. 3d, Geo. I. cap. xv. above quoted. And also, that bothi those acts of Assembly are repealed and superceded, first by the constitution of 1776, and again, by the constitution of 1790; and therefore, that a Deputy Sheriff may be elected to the office of High Sheriff, although he may have served during the term of three years preceding such election. A. B.
ORDINANCES FOR THE MANAGEMENT OF THE GIRARD ESTATES, AND GIRARD COL- LEGE.
A further Ordinance for the Management of the Girard Estates.
Section 1. Be it ordained and enacted by the citizens of Philadelphia, in Select and Common Councils assem- bled, That the Ordinance passed the 15th day of Sep- ber, Anno Domini 1832,* entitled " An Ordinance for the Management of the Girard Trusts," except the 12th and 13th sections thereof, be, and the same is hereby repealed.
Section 2. And be it further ordained and enacted by the authority aforesaid, That annually, at the time of choosing a Treasurer, as provided for in the said 12th section, the Select and Common Councils, in joint meeting, shall choose one suitable citizen of Philadel- phia, to be Agent of the Girard Estates, and who shall not be a member of either Council, who shall continue in office until his successor is duly constituted, and whose especial duty it shall be to superintend all the real estate in the city and county of Philadelphia, de- vised to the city by the late Stephen Girard, and to col - lect the rents thereof, and to perform such other services appertaining thereto, as may be enjoined upon him by ordinance or resolution of Councils.
Section 3. And be it further ordained and enacted by the authority aforesaid, That the said Agent, before entering upon the duties of his said office, shall give hond, with two sufficient sureties; approved by the Mayor, to the Mayor, Aldermen and Citizens of Phila- delphia, in the penal sum of fifteen thousand dollars, con- ditioned for the faithful performance of the duties of his office.
Section 4. And be it further ordained and enacted by the authority aforesaid, That immediately after the passage of this ordinance, and annually thereafter, at the first meeting of Councils, the Select and Common Councils shall each choose, by ballot, four members of each Council, who, together with the Mayor of the city, shall constitute a Board of Commissioners of the Girard Estates, who shall meet once in each week, a majority of whom shall be a quorum, with authority to
See Reg. Vol. X. p. 190.
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ORDINANCES FOR THE GIRARD ESTATES.
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lease or rent the real estate in the city and county of real estate,) and by such other suggestions for the in- Philadelphia, devised to the city by Stephen Girard, formation of Councils as may seem to them important. whenever the same or any part thereof shall be vacant, to take all necessary and proper measures for its pre- servation and repairs, and for the recovery and collec. tion of the rents accruing thereon, and whose duty it sball be to attend to the investment of all moneys in the hands of the said Treasurer, which, in pursuance of the will of Stephen Girard, or of any ordinance or reso- lution of Councils, it may be necessary to invest, and shall exercise a general supervision and superinten- dence over the subjects referred to in this ordinance, and to perform such other duties as by this or any other ordinances or resolutions of Councils may be required; and to appoint a suitable person, if such appointment should be deemed necessary by the Commissioners, to inspect and superintend all the lands and farms lying in the county of Philadelphia, and make report to the Commissioners, whose compensation shall be fixed by the said Commissioners; provided it does not exceed the sum of five hundred dollars per annum. Provided always, that all leases and agreements for the renting of real estate, shall be executed by the Mayor, for and in behalf of the Mayor, Aldermen and Citizens of Phila- delphia.
Section 5. And be it further ordained and enacted by the authority aforesaid, That the said Board shall keep regular minutes of their proceedings, and all or- ders by them made, and may appoint a Secretary, and assign to him a reasonable compensation.
Section 6. And be it further ordained and enacted by the authority aforesaid, That the Agent shall, at least twice in each week, justly and truly account with the Treasurer for all moneys that may come into his hands, and pay over the same to the said Treasurer. And in case of the failure or refusal of such Agent to account or pay over, it shall be the duty of the Treasul- rer to report the same immediately to the Presidents of the Select and Common Councils, who shall forthwith call a meeting of Councils, who may remove the said Agent from office.
Section 7. And be it further ordained and enacted by the authority aforesaid, That the said Treasurer shall receive all money arising out of the real or person- al estate devised and bequeathed to the city by Stephen Girard, and shall forthwith deposit the same in such incorporated bank, within the city, as the Board of Commissioners hereinbefore provided for, or the Coun- cils, may direct; and he shall keep full, clear and accu- rate accounts of all his receipts and disbursements, in such form, and with such securities against fraud, as the Board of Commissioners hereinbefore provided for shall approve, or as the Councils may direct. Provided, that he shall exactly comply with all directions relating to the mode of keeping his accounts contained in the will of Stephen Girard, and especially in the 24th section thereof: and provided further, that such system of ac- counts shall correspond as nearly as may be practicable with that now used by the City Treasurer ..
Section 8. And be it further ordained and enacted by the authority aforesaid, That the said Treasurer shall pay no moneys except upon the warrant of the Mayor, founded upon an actual appropriation by Councils, un- less where such moneys are to be drawn for the pur- pose of investing; and the warrant of the Mayor shall be founded in all cases on a requisition of a majority of the Board of Commissioners hereinbefore provided for, setting forth distinctly its object.
Section 9. And be it further ordained and enacted by the authority aforesaid, That the said Board shall pre- pare, and present to Councils, at the first meeting in January, April, July, and October of each year, a report in duplicate of their proceedings for the three months ending on the 31st of December, the 31st of March, the 30th of June, and the 30th of September next preced- ing, accompanied by an estimate of the appropriations necessary for the management of the Girard Estate (in- cluding the improvement, preservation, and repairs of
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Section 10. And be it further ordained and enacted by the authority aforesaid, That the said Treasurer shall prepare, and present to Councils, at the first meet- ing in each year, a detailed account, in duplicate, con- cerning the moneys arising from the estate of Stephen Girard, and the investment and application thereof; and also a concise but plain account of the state of the trusts, and of the devises and bequests of the said Ste- phen Girard, for the year ending the 31st December next preceding. And he shall, moreover, furnish to Councils, immediately after the expiration of each quar- ter, an exhibit of all the receipts and disbursements of the fund, and such other information, within the scope of his duties, as the Board of Commissioners, hereinbe- fore provided for, or Councils, may from time to time require.
Section 11. And be it further ordained and enacted by the authority aforesaid, That the salary of the Agent shall be fifteen hundred dollars per annum, and the salary of the Treasurer shall be fifteen hundred dol- lars per annum, payable quarterly out of the Girard Fund.
Section 12. And be it further ordained aud enacted by the authority aforesaid, That a Joint Committee of three members from each Council shall, until it be oth- erwise ordered, have charge of the real estate out of the city and county of Philadelphia, devised to the city by Stephen Girard, with like powers in relation to its management, as the several standing committees upon city property have.
Section 13. And be it further ordained and enacted by the authority aforesaid, That the Board of Commis- sioners created by this ordinance, may occupy any suitable building belonging to the Girard Estates, for the purpose of conducting their business, and secur- ing all papers, documents and vouchers relating there- to.
Section 14. And be it further ordained and enacted by the authority aforesaid, That the books, records and documents of the Board of Commissioners shall be open to the inspection of the members of the Select and Common Councils.
Section 15. And be it further ordained and enacted by the authority aforesaid, That no member of the Se- lect and Common Councils shall hold any station what- ever to which emolument or compensation may be at- tached in anywise connected with the Estate of Stephen Girard, or the trusts created by his will; nor shall any such member, or any officer or agent by them appoint- ed, or any officer of the Corporation of Philadelphia, be appointed or employed, or directly or indirectly interested or concerned in any contract, engagement or arrangement for doing any work, or furnishing any materials whereby any pront or advantage may enure to him, in anywise connected with the Girard Estate or Trusts.
Section 16. And be it further ordained and enacted by the authority aforesaid, That a Special Standing Com- mittee of Accounts, consisting of three members of each Council, shall be chosen annually by ballot of each Council, at a stated meeting of Councils in October, wbo shall examine quarterly, or oftener if they shall deem it necessary, the Treasurer's account comparing the actual receipts and expenditures with the entries and exhibits thereof. They shall ascertain by reference to the con- tracts, engagements, resolutions and records of the Board of Commissioners, or of any ordinances or reso- lutions of Councils, in such manner as may be satisfac- tory to them. They shall compare the sums received and paid with the sums actually charged and credited in the Treasurer's account, and as soon as they have completed their quarterly investigation, or as often as they may deem it expedient, report the same to Coun- cils.
Enacted into an ordinance this tentli day of January, A. D. 1833.
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RULES FOR THE GOVERNMENT OF THE GIRARD ESTATE.
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RULES For the Government of the Board of Commissioners of the Girard Estates.
Section 1. The officers and agents of the Board shall be a President, a Secretary, an Agent of farms and lots, and a Messenger: all of whom shall hereafter be elected by ballot annually in October.
Section 2. The salary of the Secretary shall be $400 per annum. He shall perform all the duties usually performed by secretaries, in such manner as the Board may direct, and shallattend at the office two hours eve- ry day.
Section 3. The salary of the Messenger shall be $200 per annum.
Section 4. The Board shall be divided into three standing committees, ot three members each.
1. A Committee on Real Estate, who shall have the more immediate care of the buildings belonging to the estate in the city and liberties.
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