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 77

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 77

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It was found necessary in the beginning to have the aid and support of the bench and bar, who very con descendingly acceded to our wishes .- A society was accordingly formed, to consist exclusively of " Judges of the Courts of the United States, and of this State, of Attornies and Counsellors at Law, and of Students of Law, having attained the age of twenty-one years." Here for the first time, gentlemen, you see students of law associating on an equal footing with venerable judges, and with the most learned, most experienced, and most celebrated members of the legal profession. As soon as a student attained the age at which the law ceased to consider him as an infant, lie became entitled to full membership in that most respectable association, and to sit by the side of his instructors, and of the judges of the land. He became the patron of the younger students, and concurred in making the laws which he was with them called upon to obey. I believe a similar instance cannot be found in the annals of our profes- sion.

This association assumed the name of " The Society for the Promotion of Legal Knowledge and Forensic Eloquence." Its principal object, as avowed in the preamble to its constitution, was, "to connect with the mode of instruction at that time exclusively pursued, a more scientific and academical system, whereby not only a greater degree of jurisprudential knowledge might be acquired, but the students might be exercised

in the art of public speaking, so as to unite the talent of the orator with the science of the jurist."

To this society, and under its patronage and direction was to be annexed, a " Law Academy," to consist of students at law, and such junior practitioners at the bar, residing within the city and county of Philadelphia, as should be willing to become members thereof. It was also agreed, that the faculty of the academy should consist of a provost, a vice provost, and such professors as should be provided by the board of trustees, elected by the society, and invested with ample powers for the administration of its affairs. The constitution of that society may be found at large, in the 1st and only vo- lume of Hall's Journal of Jurisprudence, being a contin- uation of his valuable Law Journal.

Under this constitution the society was incorporated on the 12th of January, 1821. On its organization, the venerable William Tilghman was chosen its President, William Rawle, Esq. Vice President, John K. Kane, Secretary, and Benjamin Tilghman, Treasurer. The Trustees were Charles Chauncey, Thomas Kittera, John M. Scott, Bloomfield M'Ilvaine, and John Keating, Jr. of the two last of whom death has deprived the profes- sion and their country.

By a schedule to the constitution of the society, it was provided, that the Law Society then existing in the city of Philadelphia, should be invited to form itself into a Law Academy, to be annexed to the parent so- ciety, under its constitution, which invitation that soci- ety immediately complied with, and the whole system was accordingly organized, and began to be carried into execution.

The constitution of the patron society had, as I have said before, directed that the officers of the Law Acad- emy should consist of a provost, a vice provost, and such professors as should be thereafter provided by the board of trustees. These officers, except the profes- sors, were left to the choice of the academy, who did me the honor to elect me their provust, and James Gib- son, Esq. was chosen to fill the station of vice provost. The place of professor was filled afterwards by the ap- pointment of the board of trustees. The Hon. Joseph Barnes, now president of the district court for the city and county of Philadelphia, was appointed professor of the common and statute law, and read two courses of lectures which gave general satisfaction.

An unforeseen accident prematurely dissolved the society with which our academy was so happily and so successfully connected. They had appointed their annual meeting for the election of officers, to be h. ld in the room where the supreme court of the state then held their sittings. Unfortunately, at the hour when the election was to take place, the door keeper was missing, the door was locked and could not be opened, the members after waiting some time dispersed, and no election was held There was no provision in the con- stitution for such an emergency; the venerable T'ilgh- man was of opinion that the society could not proceed without a new charter of incorporation. Several meet- ings were held for that purpose; but now began the proposals of amendments and additions to the existing constitution, the discussions were prolonged until the meetings became less and less numerous, the thing was dropped altogether, and the society was not re. vived.

But the academy did not lose courage. They con- sidered that they might go on without the aid of the parent society, and that their faculty, of which they gradually increased the number, might supply its place. In some degree, their expectations were not deceived, yet the dissolution of that society is an event ever to be regretted.

I must be permitted to say here, in honour of our departed Chief Justice Tilghman, that while the parent society continued, he was one of the most active and zealous amongst its members, and that he never failed, to my recollection at least, in attending to any of its

* John K. Kane, Esq.

268

DU PONCEAU'S ADDRESS BEFORE THE LAW ACADEMY.

LOOTOEEK

meetings. He was also amongst the first supporters of the plan of its institution, and his influence contributed not a little to bring it into existence. In remembrance of these services, and not willing to remain entirely un- connected with that excellent man, the academy elected him their patron, which title he retained till the day of his death, when the academy did not forget to pay a tribute of respect to his memory.

What the academy has done since is known to us all. I think I may safely say, that no association of young students has distinguished itself as this academy has done. It was a happy idea of your faculty to include among your scholastic exercises, the writing of disser- tations on legal subjects; several were produced of con- siderable merit, which the academy deemed worthy of publication. But I must not omit to speak of one, the work of considerable labor and research, not in the form of a pamplılet, but of a volume, which received the pointed approbation of a Marshall and a Kent, was quoted by foreign jurists, and now forms a part of the library of Equity lawyers in this country. The author of that treatise* had not attained the age of twenty-one years. I wish I could have omitted mentioning that work, as its author is now sitting on the bench of this academy to which you have very properly elevated him; but historical truth has its laws, which no regard to the modest feelings of individuals should ever per- mit to be infringed.

Unfortunately this wise regulation of our academy has for some time fallen into disuse. The same regard to truth obliges me to tell you in what manner that happened. One of our young members who had al- ways distinguished himself in our debates, had under- taken to write a dissertation on a very nice but interest- ing topic of the Common Law. He had written it, and those who had been admitted to the favor of its peru- sal, spoke highly in its praise. But being shortly after- wards admitted at the bar; what I shall take the liberty to call a much to be regretted diffidence induced him to withhold his work from the academy, and there is reason to believe that he has since destroyed it. Other members were disheartened by this example, which as an officer of this academy, I am compelled to say was blameable, and which I do not hold up to you as wor- thy of imitation. Who would praise Virgil for direct- ing the Eneid to be burnt after his death?

Now that the force of this example is sufficiently spent, I hope, gentlemen, that we shall return to our former practice, and that the writing of legal disserta- tions by the members of this institution will be resumed. The academy has acquired a name at home and abroad which must be sustained, and that can only be done by hard labour, the fruit and the results of hard study. It is not enough even to do as we have done; we must do more; for in the paths of science there is no baiting place, and those who do not advance, cannot even expect to remain stationary, they must inevitably re- cede.

Since the resignation of Judge Barnes, there has been no professor attached to this academy. The parent society was no longer there, to aid us with its powerful influence. Had it continued, not only that influence, and the respectability which their appointment would confer on the individual chosen, would have induced some one to fill the office, but through their means, funds might also h .. ve been provided to make it worth the while of an able jurist to devote a part of his time to your instruction, and to give lustre to this institution. Your faculty have done what they could to supply this deficiency; they do not however despair of being able to do it, and as our members increase, our means of pro- viding a moderate salary for a qualified lecturer will increase likewise, You must not always expect, gen- tlemen, that members of our profession, whose time is profitably engaged in its practice, will, like Judge

Barnes, add to their numerous avocations, the hard and fatiguing duties of a professor of law, without receiving some compensation for their labour. It is neither just, nor natural to expect it. 'The time will come, however, when we shall be able to attain this most desirable ob- jeet, and I hope we shall always keep it in view. Noth- ing is impossible to courage and perseverance.

In the mean while, gentlemen, we ought to think of some substitute. It is well known that the members of the bar generally, are friendly to our institution. This interest is manifested in many ways, but particularly by their recommending to their students to become mem- bers of it. I am convinced that there is not one of them, but, if properly applied to, would with pleasure deliver at least one lecture on some legal subject in each sea .. son, without expecting for it any fee or reward, but that of having contributed to the advancement of our sci- ence, and rendered service to the rising generation. And I hope I may be permitted to add, that there are some among them, whose number is sufficiently large, who would consider it as a duty-I allude to the almuni of ouracademy, who, after their admission at the bar, have retired as honorary members. They would thus honorably repay the benefits they have received from it. The connection between them and us, while it no- minally continues, ought not to be broken in fact by their admission at the bar. You have shown that you do not consider it so, by electing some of the most conspicu - ous among them, to be members of your faculty. Let them, therefore, reciprocate the feeling, and give the most unequivocal proofs of it, by communicating to you in the form of lectures, the fruits of the knowledge they have acquired among you.

At a future day, those lectures, collected and pre- served as I hope they will be, will form interesting vo- lumes, which will be sought after by our posterity, and perpetuate the names and the fame of their authors. The fame of a practising lawyer, however learned, elo- quent, and able he may be, is fugitive and transitory and seldom lasts beyond his life, unless he leaves be- hind him some traces of the knowledge and eloquence that he possessed. The names of Marshall, Hamilton, Livingston and Kent, will never be forgotten, while ma - ny on the eloquence of whose lips, and the effusions of whose minds, all who heard them have hung enraptur- ed, will be forgotton by posterity, because they have left nothing behind but an empty name.

There is great reason to believe that you will thus receive the aid, if properly applied for, not only of those gentlemen of our profession who are connected with this academy, but of the members of the bar at large. There has been of late years a general disposi- tion manifested in the men most distinguished not only for their talents, but for their high stations in society, to contribute personally to the advancement of our youth in every kind of knowledge. For this purpose, such men as Story and M'Lean have not disdained to de- scend from their high and dignified seats, and the Ev- erett's, the Kent's, the Hopkinson's, the Sergeant's, the Ingersoll's, the Dallas's, and several others, all highly distinguished in public or professional life, have gone even beyond the limits of their own states, to impart in- struction and advice to associations of youthful students, under the names of Phi-Beta-Kappa, Philomathean, Philoclean, Zelosophic, Cliosophic, Peithosophian, and I know not how many other denominations of societies, for whom they might perhaps feel a particular attachment, from some former connection or otherwise, but still with the same view of being useful to the rising generation. And just now we hear that Berrien, the late distinguished attorney general of the United States, will come next year from distant Georgia to be present at the commencement of our university, and there de- liver an instructive discourse to one of the youthful as- sociations of that venerable institution. Such is tbe re- spect paid by our greatest men to the youth of our country, of which I believe there is not another exam-

* Antony Lausatt, Esq.

1833.]

CANALS AND RAIL ROADS.

269

ple in any part of the world. Why then should we fear that men of enlarged minds should deny to us what they have so liberally granted to others? But to merit those honours, our exertions must be unremitted, and we must convince those who are disposed to honour us, that those bright favours will not have been granted in vain.

It is but a few years since this disposition has shown itself at least, to such an extent, in the distinguished men of our land. May we not say, without being tax- ed with overweening pride, that the first example of this association of dignified age with unexperienced youth, was given by Tilghman and Rawle, and those who with them first associated themselves with the members of our academy,and took it under their special patronage? Was not Judge Barnes the first who from the bench entered our academic groves, and gratuitous- ly assumed the part of our Blackstone and our Woode- son? In short, was not this academy the first associa- tion of students who were so honoured, and did not this example, at least, greatly contribute to produce the present happy state of things? Be that as it may, it is our duty to avail ourselves of so favourable a disposi- tion in the most distinguished characters of our coun- try,and to solicit from them that aid and support which they have not denied to others, and which there is ev- ery reason to hope they will not refuse to extend to this academy.

But I fear, gentlemen, that I have already trespa?s- ed too much on your time, considering that you are to be addressed this evening by another member of your faculty, on a most important and interesting subject of the law of our country. My object in this discourse has been principally to lay before you a brief history of the origin, rise and progress of this institution to the present time, lest the memory of it should be lost; as I am aware that although only ten years have elapsed since our first commencement, many of the facts I have stat- ed are unknown to most of you, and that is to be ex- pected in an association consisting of so rapid a succes- sion of members as the law academy. But as it is to be hoped that it will not only continue for many more years to come, but that it will produce fruits that will convey its name with honor to posterity, its history may be ex- pected to be hereafter an object of interest, and there- fore, it is proper that it should be preserved. With tbat view I would recommend, that for the sake of the facts that it contains, this address should be preserved among your records, and that every year, at the begin- ning of our session, one of your members should be ap- pointed, to whom it should be enjoined to make report at the next annual meeting, of every thing worth re- cording done by the academy during the year just elapsed. Those reports according as they shall be filled, will be every year to you a source of congratula- tion or regret, and will be of the greatest use to the fu- ture historian of our academy, if we should ever de- serve to have an historian, to which honourable end our efforts I hope will constantly tend.

Let me then recommend you to continue those efforts with zeal, activity, and perseverance, and so as never to consider that you have done any thing, while any thing remains to be done. This is the only course, which in an undertaking like ours can lead to success. And permit me to conclude in the words which the Empe- ror Justinian addressed to the law academies of his do- minions: "Summa itaque ope, et alacri studio leges nostras accipite, et vosmet ipsos sic eruditos ostendite, ut spes vos pulcherrima foveat, toto legitimo opere per- fecto, posse etiam nostram Rempublicam in partibus ejus vobis credendis gubernari."*

Never forget, that among you are the future legisla- tors and judges of this land, and that the fate of our happy country' will in a great measure depend on the knowledge that you will have acquired of its institutions and its sacred laws.

CANALS AND RAIL ROADS. Extract of a letter, dated

"EBENSBURG, Oct. 9, 1833.

" Many of the questions you have propounded, you will recollect relate to the future, and have to be an- swered altogether upon judgment. Now as no man, you know, is considered a prophet in his own country, my anticipations on this point or that point, must be the result of individual opinion, and go for just what they are worth. The value will be ascertained from the reasons assigned.

When that portion of the Pennsylvania Improvements, termed the " main line," extending from Philadelphia to Pittsburg, is completed, the length of it will be about 396 miles, as thus-

From Philadelphia to Columbia, by

rail way, 86 1-2 miles

From Columbia to Hollidaysburg, by canal, 175

From Hollidaysburg to Johnstown, by

rail way, 36 1-2

From Johnstown to Pittsburg, by canal, 104

396 miles.

Assuming it as a fact, then, (which I deem very pro- bable) that the rates of toll upon the Columbia and Portage rail ways will be made to correspond with those upon the canal, the price of transportation for a ton of dry goods, from Philadelphia to Pittsburg, for toll alone, will be $9 52-add to this, the boatman's charge for freight, which may be set down at $10 48, and the whole cost of carriage will be one cent per pound, or $20 per ton. The cost of transportation, however, must and will be regulated entirely by competition in the carrying trade-and I do not doubt but goods will be carried through for 87 1-2 cents per 100 pounds. The present price, by way of the Union Canal, and turnpike across the Allegheny, is from 35 to 40 dollars per 2000 pounds.

The distance from Pittsburg to Philadelphia, via the Portage, and Pennsylvania, Union, and Schuylkill ca- nals, is 443 1.2 miles, as thus-

By Canal, &c , to Middletown, 296 1-2 miles.

" Union Canal, 79

" Schuylkill Canal, 68

443 1-2 miles.

The toll on the Union Canal is $1 60 per ton-on the Schuylkill, about $1 36, and on the Pennsylvania Canal, $7 15-making together throughout by their canals, $10 11 c. The differences, therefore, between the tolls that will possibly be charged on the main line, and those now charged in the present mode of convey- ance, would be 59 cents in favor of the state improve- ments. The difference in the distance, between the two routes, is 473 miles That is, it is 473 miles further to go by Reading, than by Columbia.

The time that will probably be required to go from Philadelphia to Middletown, by way of the railroad and canals, 993 miles, will be less than 24 hours, including all time for transferring the cargoes from the cars to the boats; whilst the time necessary to convey a boat from and to the same point, by the Schuylkill and Union ca- nals, 147 miles, is about 70 hours. The vast difference here as to time, does not rise from the excess of distance alone, but from a difference in the facility of going over the same space. 80g miles of one route is railway, and 19 miles canal, with about 8 locks ; whilst the whole of the other route is canal and slackwater, with about 130 locks. Hence the difference in the time required for lockage between the two routs, assuming 4 minutes as the period for passing a boat, will be 8 hours, 8 minutes, in favor of the Columbia rout.

Upon the completion of the main line, goods may be taken from the depots, in Broad street, Philadelphia, and delivered, by regular lines, in Pittsburg, in 192

* Inst. Procm 7.

270

PENNSYLVANIA LEGISLATURE.

[OCTOBER

hours, or 8 days, and this is allowing them to go at a rate but little over two miles an hour.

By the present mode of transportation, goods ought to be delivered in Pittsburg in 12 or 14 days-but they are often 20 days on the way. This, however, does not always arise from inattention on the part of the boatmen. The difficulty in getting the means of transportation across the mountain, is frequently the cause of great de- lays. The wagoners have a strong antipathy to the railroad and canals, and would rather haul iron for some- thing less, than encourage a system which must ulti- mately drive them from the road.

Now, notwithstanding the difference in the tolls and distance between the Union Canal and the Columbia route, the former will always draw a considerable por- tion of the carrying trade from the latter. Much of those heavy and unwieldy articles, such as Tobacco, Gypsum, Coal, Salt, Lumber, Liquors, in hhds. &c. will go by the Canal, because there is no transhipment, and because many of the freighters, who carry on their own account, will have no cars, nor any connexion with re- gular lines. All the lighter articles, such as drv goods, and generally all kinds of merchandise, and many of the agricultural products, especially flour, will take the railroad, because of the rapidity of transition, and be- cause of the facilities of the railway to be laid from Broad via South street, to the Delaware, which will afford | ham,-re- elected. the western products a cheap method of getting to the wharves.

It may be possible that the Board of Canal Commis- sioners will regulate the tolls on the railway, so that they will exceed those on the canal. This measure, how- ever, I think, would be injudicious, as regards the Co- lumbia line, inasmuch as it would give the Union and Schuylkill Canals a great advantage, and bring them into a dangerous competition Suppose the railways to be unconnected with any other improvement, but act- ing merely as a means of conveyance between two points, the toll that ought to be charged upon them should be about 4 or 43 cents per ton, per mile. If it should be necessary to increase the tolls on the railway, in order to cover, in some measure, the excess of ex- penditure made upon them over canals, it would be better to distribute the required increase throughout the whole line. This would answer a better purpose, and be, by far, the most convenient.

Great exertions are making to have a single track of the Columbia Rail road laid by the month of December, I doubt much whether it can be done. The viaduct across the Schuylkill is rather backward, and without its completion, the road will be of little use.

The portage is in a fair way, and I hope to have the pleasure of passing over it with a train of cars in a few weeks. We have been very unfortunate with our iron. A large portion of that lost off Cape Henlopen, has not yet been supplied, and any delay which may occur with us, will be owing to that circumstance. But, nil des- perandum, the iron will come, and if God's willing, and the weather's fair, I can assure our friends that we will open the compaign, in form, in the spring, with steam hissing, cars rattling, horses smoking, and nine cheers from honest hearts, for good old Pennsylvania."- Pittsburg Gazette.

PENNSYLVANIA LEGISLATURE, 1833-4.

SENATE.

City of Philadelphia-William Boyd, David S. Has- singer.

County do .- Joseph Taylor, Samuel Breck, George N. Baker.

Chester & Delaware-William Jackson, Geo. W. Smith .

Montgomery-John Matheys.

Bucks-William T. Rogers.

Northampton, Lehigh, Wayne and Pike-Jacob Kern, Peter Newhard.

Berks and Schuylkill-Jacob Krebs, Paul Geiger. . Dauphin and Lebanon-Jacob Stoever.

Lancaster-John Robinson, Jacob Hibshman.

York and Adams-Henry Smyser, David Middle- coff.

Franklin-David Fullerton.

Cumberland and Perry -Charles B. Penrose.

Northumberland and Union-Samuel J. Packer.

Mifflin, Juniata, Huntingdon and Cambria-George McCulloch.

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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 77

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