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 96
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Mason and Dixon's line was run in the year 1767, and 1768, and the agreement and proceedings thereon were approved and ratified by the king, by his order in council, on the 11th day of January, 1769, and the proclamations of the respective proprietaries, to quiet the settlers, &c. were issued in 1774, that of Pennsyl- vania, bears date the 15th of September, 1774: council Books, U, page 466.
The agreement of 1760, was inrolled in chancery, in England. The original is now deposited with the se- _ cretary of the commonwealth.
This original agreement was produced in evidence at Bedford, October, 1806, on the trial of Ross' lessee, v. Cutshall, reported in 1 Binney, 399, and admitted after argument, and decided to be proper evidence by the supreme court, on an appeal, because it was an ancient deed, ascertaining the boundaries of the then provinces of Pennsylvania and Maryland, and may be considered in the light of a state paper, well known to the courts of justice, and which had been admitted in evidence ou former occasions.
(To be continued.)
From the Muncy Telegraph.
FOURTH EXHIBITION OF THE UNION AGRI- CULTURAL SOCIETY.
On Tuesday, the 29th ult., The Union Agricultural Society held its Fourth Annual Exhibition at Danville, Columbia county. The court room was occupied as the place of exhibition of Domestic Manufactures, and a lot adjacent to the village for the show of Live Stock. After the Constitution had been read, an opportunity
was given the many spectators in attendance, to exa- mine the articles offered for exhibition; the committees then proceeded to the discharge of their respective duties. A close an impartial examination of the articles before them was made by the committees and the fol- owing award reported:
Mr. Wolverton, for his stallion, Sanspareil, $5 00
Mr. Willets, for his stallion colt, Tartar, 2 00
Mr. Carr, for the best breeding mare, 3 00
[ The committee on horses reported, that of those ex- hibited on this occasion, there was none of such form, size, and action, as to entitle them to particular notice.]
Maj. William A. Petrikin, of Muncy, for his full-blood Durham Bull, Don Diego, $7 00
[This truly noble animal was considered by the com- mittee worthy of a much larger premium, had the state of the society's fund been prosperous enough to war- rant the payment of adequate rewards. He is of the stock imported by Col. Powell, of Philadelphia county, and is half-brother to the Bull purchased by Mr. Clay, last fall. ]
Caspar Hartman, for a half-blood Durham Bull, (sired by Don Diego, ) $2 00
Ephraim M'Collum, for a Cow and Calf 1 00
Alexander Fraser, for the best flock of sheep 3 00
do. do. for best specimen of
ploughing 3 00
Orrin Sholes, for a Sideboard of superior workmanship and finish 2 00
J. B. Hall & Co. for a very handsome and convenient Cooking Stove, cast and finish- ed at their establishment in Williamsport 5 00
[The same gentleman also exhibited a plough which appeared to be a valuable addition to the implements of agriculture, and would have entitled them to a premi- um, had the funds of the society permitted. ]
Joseph Crosley, of Danville, for a Shovel and Tongs, of neat and substantial make, and good polish $1 50
Mrs. Tweed, of Milton, for a pair of Silk Stockings 5.00
[This beautiful testimonial of female industry and skill was wrought by Mrs. T. from material furnished by her own silkworms. They attracted general atten - tion, and elicited expressions of admiration from all who examined them. ]
William Dale, for Blankets $1 00
[The same gentleman also exhibited a specimen of excellent Cheese from his own dairy. ]
Mrs. S. W. Humphreys, for a Hearth Rug $2 00
Martin M'Alister, of Danville, for a Beaver Hat, of first material and elegant finish 2 00
Messrs. W. & R. Wilson, of Milton, for a set of Gig Harness, of the best material, and of superior workmanship, 2 00
Moore & Stuart, of Danville, for a Coal and Wood Franklin Stove, 3 00
[This Stove was much admired, as well for its con- venient construction as for the tasteful style of its orna- ments.]
B. W. Hyde, for specimens of Painting in imitation of Mahogany, Maple, Oak, &c. $2 00
[These imitations were so well done as to deceive many persons who examined them closely. ]
Millard & Hunlock, for mixed Sattinet $1 00
do. do. for black Broad Cloth 2 00
do. do. for blue do. do. 2 00
R. M'Cormick, for Carpeting 2 00
Miss Margaret Rogers, of Muncy, for a beau- tiful specimen of embroidery on satin, 1 00
334
PROCEEDINGS OF COUNCILS.
[NOVEMBER
Montgomery & Wagoner, for a piece of 7-8 Brown Cloth, fine and well manufactured, 1 00 do. do. for blanketing, 1 50
Mr. Miller, of Danville, for a Rifle, of hand- some workmanship, and ingeniously made to shoot two loads out of the same barrel, 2 00
As deserving of notice, the committee mention seve- ral remarkable productions of the past season, among which are the following. A number of very fine Carrots; Onions of a large size, raised from the seed by Mr. Matchem, of Danville; a specimen of Barley, by Mr. Gale; a Beet weighing 142 lbs. by Mr. Donaldson; a Cabbage weighing 25 ibs,; and a specimen of a new sort of potatoes recently introduced from Miami, Ohio, by Col. Paxton, of Cattawissa.
The following gentlemen were chosen officers of the society for the ensuing year:
President-CHARLES GALE.
Specie,
94,010 95
$ 748,941 49
Berks' Journal.
From the Philadelphia Gazette.
PROCEEDINGS OF COUNCILS.
Thursday evening, Nov. 14, 1833.
SELECT COUNCIL.
In the absence of the President, Mr. Groves was called to the chair.
The Chair presented a communication from the Trus- tees of Girard College, informing Councils that Mr. John Steele, late a member of the Board, has removed his residence from the city. Laid on the table.
Mr. Meredith, presented a petition from sundry citi- zens, praying Councils to provide a suitable place for the reception of lost children, to be constantly attended by a suitable agent. Referred to a special committee, consisting of Messrs. Meredith and Price of the Select, and Messrs. White, and Darragh of the Common Coun- cil.
Mr. Worrell from the committee on Franklin and Scott's Legacies, to whom was referred the petition of Thomas McGrath, praying for the release of Richard G. Lanning, one of his sureties for money obtained from the Franklin Legacy Fund, and the substitution of Frantz G. Cope, Esq. reported in favour of the petition. Resolution adopted.
Mr. Price from the special committee, to whom the subject had been referred, made report on the expedi- ency of consolidating the joint standing committees of Councils, accompanied with two ordinances, entitled- " An Ordinance providing for the appointment of joint Standing Committees, and " A further ordinance for the management of the Girard Estates, and the Girard College."
The Chair, read a bill entitled " An ordinance for the improvement of Franklin square, providing for the erection of a substantial iron fence round said square, and appropriating the sum of $12,000 for the purpose. Laid on the table.
COMMON COUNCIL.
The Chair presented a communication from James Hutchinson, President of the Board of Prison Inspect- ors, informing Councils of the resignation of Dr. R. M. Huston, as an Inspector of Prisons.
Mr. Kirk presented a petition praying that Ashton street, from Market to South, be graded and paved. Referred to Paving Committee.
Mr. Gilder presented a petition praying for the pav- ing of Pine street from Broad to Schuylkill Front street: Referred to Paving Committee.
Mr. Chandler presented a petition from Mary Magee
The next anniversary of the Association, will be held in the Baptist Church in Lower Merion, on the first Tuesday in October, 1334. The Rev. Jos, Matthias was appointed to preach the introductory sermon. Dil- ring the meetings of the Association $132 13 were col -- lected for Missionary purposes .- U. S. Gazette.
STATEMENT OF THE FARMERS' BANK OF READING, NOV. 5, 1833.
Amount of Stock paid in,
$300,360 00
Contingent fund, 20,893 26
Amount of notes in circulation, 268,412 00
Due other Banks,
6,258 08
Dividends unpaid, 19,347 43
Due Commonwealth, (tax,)
1,239 78
Due Deposits, 132,430 94
$748,941 49
Amount of bills discounted,
$496,247 93
Bonds and Mortgages,
26,830 06
Real Estate, 7,896 11
Bank Stock, original cost, 106,644,
83,206 00
Due from other Banks,
29,720 44
Notes of other Banks,
10,950 00
Vice President-WILLIAM HAYES.
Secretary-WILLIAM A. PETRIKIN. Assistant Secretary-JOSEPH PAXTON.
Treasurer-WILLIAM TWEED.
Milton was chosen for the place of holding the next Exhibition.
THE BAPTIST CHURCH.
The Philadelphia Baptist Association, held its 126th Anniversary, at the First Baptist Church, Spruce street, on the four first days of October. The Rev. Joseph H. Kennard, was chosen moderator, the Rev. Levi Tucker, clerk, and the Rev. D. A. Nicholas, assistant clerk. The introductory sermon was deliver. d by the Rev. T. S. Jenkins. From the published minutes of the pro- ceedings of the body during the session, we condense the following table, showing the number of Churches attached to the Association, the names of their respec- tive pastors, the number baptized during the past year, and the total number of members.
Churches.
Pastors.
Bap. Total. 300
Great Valley,
Rev. L. Fletcher,
27 65
Montgomery,
T. J. Robinson,
16 96
Kingwood,
W. Curtis,
Jas. B. Bowen, 12 161
First Church, Philad.
G. B. Perry, 28 209
New Britain,
Jos. Matthias, 14 111
Hilltown,
J. Walker, 11
56
Roxborough,
T. J. Kitts,
29
431
Second Church, Philada. Blockley,
L. Tucker, 37
210
Lower Merion,
H. G. Jones,
33
First African, Philada.
Jas. Barries,
10
66
L. Providence,
J. S. Jenkins,
15
76
New Market st. Philada. J. H. Kennard,
133
444
Fifth Church, Philada. Goshen,
S. Siegfried,
11
48
Bethesda,
A. Collins,
15
29
African Blockley,
L. Stockley,
1
27
Central Church, Philada. Ridley,
R. Compton,
4
31
Stroudsburg,
J. P. Thompson,
8
50
Union African, Philada.
46
N. Seventh st. Philada.
1
51
Glen Run,
E. M. Philipes,
51
74
Newtown,
R. Gardiner,
12 29
Minersville,
J. L. Dagg,
55
440
3
28
Daniel Scott,
19
294
Third Church, Philada.
W'm. E. Ashton, 62
Marcus Hook,
D. S. Nicholas, 109 224
Brandy wine,
Southampton,
Jos. Matthias, 5 113
Wm. Owen, 18
335
JUSTICES OF THE PEACE, &c.
1833.]
widow of Michael Magee, who died from wounds re- ceived by a late accident in the Girard College, praying that Councils will take some measures for her support. Referred to Building Committee of Girard College.
Mr. Chandler presented a communication from the Washington Monument committee, informing Councils that they had agreed upon, and adopted a plan for the Washington Monument, and asking the concurrence of Councils. The communication was referred to the com- mittee on Washington Square, with directions to make report for the action of Councils.
Mr. Toland trom the committee on accounts, report- ed that they had examined the accounts of the City Treasury, as submitted to them at the last meeting of Councils, and find the same correct.
On motion of Mr. Chandler, a joint committee of three members from each Council was appointed to su- perintend the distribution of wood to the poor, as de- vised by sundry bequests to the city. Committee of Common Council, Messrs. Chandler, Yarnall, and War- ner. Committee of Select Council, Messrs. Wetherill, Worrell, and Price.
Mr. Yarnall from the committee on markets, to whom the subject had been referred, reported in favor of the extension of the market house in High street, from Delaware Eighth to Tenth streets. Resolution laid on the table. .
The Ordinance providing for establishing a Preven- tive System of Police, on motion of Dr. Huston, was re- ferred again to the committee, with instructions to in- quire into what particulars the expense of carrying said system into operation may be reduced, without injury to its essential advantages.
The Ordinance entitled " A supplement to an Ordi- nance providing for the management of the Wills' Hos- pital, was taken up, amended and adopted.
Councils met in joint meeting, for the purpose of electing a member of the Board of Prison Inspectors, to supply the vacancy occasioned by the resignation of Dr. Huston. Sansom Perot, Esq. was chosen on the first ballot.
From Poulson's American Daily Advertiser. JUSTICES OF THE PEACE, &c.
The Philadelphia Society for Alleviating the Miseries of Public Prisons, have had occasion to lament the ir- regularities which sometimes take place in the commit- ment of prisoners. Justices of the Peace, in the exer- cise of this highly important part of their jurisdiction, are apt, inadvertently, to overlook the course of pro- ceeding which ought to be pursued by them. Prisoners are often sent to gaol, without having their offences stated in the warrant of commitment, without having the time of their confinement specified, where it ought to be fixed,« or without stating that the object is for trial before the court having jurisdiction of the crime. Evils hence are produced which unnecessarily aggra- vate the penalty of imprisonment. Not only is the peri- od of confinement rendered vague, where by law it should be fixed and certain, but it is made to depend in a degree on the will of the magistrate. The evils allu- ded to have been greatly relieved by the benevolent attention of the Court of Quarter Sessions to the sub - ject. During the last summer, a list of prisoners was examined every Wednesday, and such as had been im- properly committed were promptly discharged. These discharges have amounted to as many as sixty-three in a day. The Prison Society, considering the object en- tirely within the scope of their association, resolved to place before the magistrates a brief exposition of the law connected with this important matter. They there- fore procured the opinion of their counsel, which is published below. The suggestion of an application to the Presiding Judges of the Criminal Courts has been
adopted, and Judge King, with his usual promptness and intelligence, at once introduced into his charge to the grand jury, remarks and explanations instructive to the magistrates, and calculated to prevent a continu- ance in the practice which was complained of.
Justices of the Peace and Aldermen possess an ex- tensive, but a limited jurisdiction. The nature of their authority is fixed by established principles, and does not depend upon their own discretion. Their office is an important one, and the duties which it prescribes are such as deeply concern the public. As there is no li- mit to the number of Justices, they are often multiplied to a degree which renders it improbable that all of them should possess unerring judgments, or extensive know - ledge. Sir Edward Coke remarks that it is an office of which " the whole Christian World hath not the like, if it be duly exercised." The due exercise of the office, consists in a conformity to the plain principles of the law, and to well understood and approved usage. It would be contrary to both, for them to commit an indi- vidual to prison, or place him under any restraint what- ever, unless he is charged with a specific offence, or unless there is reason to suppose that he is about to break the peace. In the former case, they either com- mit him for trial, or (if the offence be within their own cognizance as respects both the infliction of punish- ment, and the preliminary hearing) they judge of his guilt, and pass upon him the sentence of condemnation which is in such cases provided by statute. In the latter case, they exercise the power of preventive justice, which they enjoy as conservators of the peace, by com- pelling him to give security; and in the absence of such security, and for the want of it merely, they commit him to prison Except in these instances, they have no right to deprive any one of his liberty. When they exercise this power, it is done by means of a commitment, in which the offence ought to be stated with reasona- ble precision, or the commitment is irregular.
A warrant of arrest, which for the most part precedes the commitment, cannot agreeably to the constitution be issued, without " probable cause supported by oath or affirmation." This "probable cause" is some act which has been done or is apprehended, and it must thus exist and be stated in order to authorize the war- rant. How then should the commitment, to which the warrant is only preliminary, omit the "probable cause," or in other words, the offence which has occasioned it? If the commitment be vague or indescriptive of the crime, the keeper of the prison could not return an adequate reason for the detention, in case a habeas corpus should be issued by a judge; neither could the judge himself determine whether the matter was within the jurisdic- tion of the magistrate. Dalton (page 552) states that " The Justices of the Peace which shall send any pri- soner to the goal, ought to show in their mittimus the cause of the commitment, to the end it may appear whether such prisoner be bailable or no." It is thus clear, for various reasons, not less than from established law, that the cause for the commitment should distinct- ly appear upon the face of it.
It may sometimes happen that the justice cannot com- plete the examination at the return of a warrant, and then he may direct the party to be detained in custody until another opportunity. But the period of such de- tension must be reasonable. It was decided in one case (Scavage vs. 'T'ateham, Cro. Eliz. 829, ) that the time of the detainer ought not to exceed three days. This, however, might be governed by circumstances.
Where a person is charged with an indictable offence, the magistrate; if he commit at all, must (except in the case just alluded to of a postponed hearing) commit for trial. In other cases he must commit for a specific time. These other cases are such as the law has placed either entirely within his own discretion, (as for "profane swearing," "drunkenness," and "breach of the Lord's day," where he inflicts a fine, and if necessary sends
336
DICKINSON'S COLLEGE,
[NOVEMBER
the offender to prison,) or where he judges of the of- tion, Composition, and Declamation-to which is to be fence subject to an appeal to a higher tribunal, as in i added Philosophical, Critical, and Classical Illustrations of the English language, and literature. It is intended that this shall be a prominent and efficient department.
cases of vagrancy. He there commits for a specific time not exceeding one month; and if the parties con- ceive themselves aggrieved, their only legal remedy is an appeal to the next Court of Quarter Sessions
The duty of a Justice of the Peace, when the accus- ed person is brought before him, is stated with entire clearness by Lord Hale. (Vol. I. p. 583.) "Lastly, what is to be done after the warrant served, and when the person accused is brought before the justice thereupon? "If there be no cause to commit him found by the justice on examination of the fact, he may discharge him.
"If the case be bailable, he may bail him.
"If he have no bail, or the case appears not to be bailable, he must commit him.
"And being either bailed or committed, he is not to be discharged till he be convicted or acquitted, or de- livered by proclamation."
In the case of a commitment for trial, (as well as that for vagrancy, ) it thus appears that the duty of the Ma- gistrate is ended when he has committed the person to gaol. He has nothing more to do with him. If he has erred in a commitment for trial, the error may be cor- rected by a judge on habeas corpus, and the prisoner may be discharged or bailed. Ifhe has erred in the sen- tence of a vagrant, it may be corrected by the Court of Quarter Sessions. But in neither case can the exami. nation be made over again by the Magistrate himself. He has a right to settle cases of assault and battery, even after a binding over to appear at Court. But this is by a special act of Assembly. A similar power being withheld as to all other offences, it is not to be gather- ed by implication, and it cannot be asserted without an usurpation on the part of the Magistrate of authority which is wisely, and to the fullest extent, lodged else where.
A departure from any of the principles which have here been stated, is an illegal act, and if injury be the consequence, it is within the reach of redress. If the wrong be an individual one, an action for damages may be sustained. If it be of a public character, the Magis- trate may be indicted, or impeached before the Senate, or removed on the address of both houses of the I.egis- lature. It is scarcely to be supposed, however, that errors would be persevered in, if they were clearly and authoritatively pointed out. If the presiding Judge of the Court of Quarter Sessions, and the Recorder of the city, would make these principles the topics of occa- sional remark in their charges to the Grand Jury, there can be no doubt the evils could be prevented from arising, or if already practised, they could be correct- J. R. INGERSOLL. ed.
GEO. M. WHARTON.
September 9, 1833.
DICKINSON'S COLLEGE.
At a late meeting of the Board of Trustees of Dick- inson College, it was resolved, That the following plan be adopted in the College proper. It is deemed expe- dient that there be seven Professorships.
1st. Embraces Intellectual and Moral Philosophy- Evidences of Natural and Revealed Religion and Politi- cal Economy.
2d. Exact Sciences,-Embracing all the branches of pure Mathematics, including Astronomy, and such subjects in Natural Philosophy, as depend directly upon these.
3d. Natural Sciences,-Comprehending Natural Phi- losophy, Chemistry, Mineralogy, Meteorology, Ge- ology, Botany, Animals and Vegetable Physiology.
4th. Ancient Languages .- The Latin and Greek -Roman and Grecian Antiquities.
5th. Belles Letters-Embracing Rhetoric, Elocu.
6th. Modern Languages-French, German, Spa- nish, and Italian. The studies of this department will be optional to the student or his parents-it is intended to meet the demands of the age, and enable the insti- tution to offer every facility to a complete education.
7th. Law Professorship-This department is to be under the entire control of the Hon. Judge Reed, and it is expected to open the ensuing spring. There will be a class proper, intended for the practice of the law. Judge Reed will deliver a regular course of lectures on the general principles of law, and on international law; and on constitutions of governments, particularly our own.
The students in college, at proper stages in their studies, will attend these important lectures.
It should be generally understood by the public, that the College proper is not to be re-organized until the sum of 345,000 is secured, as an endowment for the professorships. The College will then be opened with an efficient faculty. The principal and two of the pro- fessors have already been elected, Rev. John P. Dur- bin, Principal, Dr. Harrison. Professor of Languages, and Col. Sudler, Professor of Mathematics. The other professors will be appointed, and take their places as soon as the classes require it, or the funds warrant the appointments.
The trustees, friends, and patrons of this new enter- prise, in behalf of Dickinson College, are deeply sensi- ble of two things. First that the college course should be elevated and extensive, in order to meet the improv- ing condition of the country; they have therefore indi- cated the course of study which they propose to esta- blish. Second. But they are also satisfied of the impos- sibility of carrying out this plan, without extensive and permanent funds. The plan of studies is developed for . the satisfaction of the public; they now look to the liberality ofthe community to enable them to carry this noble plan into execution, which they earnestly desire to do next spring. They have hopes of succeeding as a good subscription has already been obtained by the Rev. S. G Roszel, (agent of the Baltimore conference, ) chiefly in the region of country around Carlisle; this has been raised within a short time to about $10,000, notwithstanding the indisposition of the agent. No- thing, we are persuaded, 's wanting, but the immediate co-operation of the friends of the institution.
As preparatory to this great result, the Trustees have directed the buildings and grounds to be improved and put in thorough repair immediately.
The preparatory or grammar school is now in suc- cessful operation, on the following plan. It is expected that the pupils for admission into this department, shall have a good moral character, and that they be able to spell and read the English language correctly and intel- ligibly, and understand the first principles of Arithme- tic and English Grammar. When admitted, they shall be taught the Latin Grammar; Adams's, by Gould; Walker's Latin Reader; Jacobs's Latin Reader; Cæ- sar's Commentaries; Virgil; Mair's Introduction to the speaking of Latin; Cicero's Orations against Catiline, the Greek Grammar; Fisk's or Goodrich's Greek Read -- er, and the New Testament; the elements of plain and solid Geometry; the higher branches of Arithmetic, and Algebra to the end of the Quadratures; Ancient and Modern Geography; Writing; English Composition, &c. The present teacher, (Mr. Dobb,) is well qualified for the situation he now occupies.
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