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Insane Offenders.

149

in the progress of a journey of considerable extent, on our intelligent neighbour the state of New York. Prowhich occasions it is often impracticable to fix the pre-secutions, where the accused is readily accessible to cise locality of the crime. As the facilities for com- justice, can rarely be delayed from good motives. Somemunication between different and distant parts of the times a prosecutor will find it to his advantage to keep commonwealth continue to increase, and the transit of his charge suspended over the head of the accused, and articles of value becomes more frequent, these difficul- thus retain him in a state of moral subjection, well calties will necessarily be enhanced. The commissioners culated to subserve his own ends. An unhappy man so hope and believe, that in the enactments alluded to situated is more the object of sympathy than the prothey all have been anticipated and provided against. claimed offender. The fate of one is ascertained, and when he has either propitiated the community, or paid the penalty of his crimes, he again becomes a new man The absence of any provision, authorising courts to with untrammelled opportunity afforded him of again restrain these unhappy persons from further mischief, becoming a better citizen. But the wretch who from has been frequently felt. In Great Britain and in seve-year to year feels all that is valuable to existence depend ral of our sister states, the subject has received legisla- upon the caprice of an incensed and partially satisfied tive attention, and provisions have been framed, with a adversary, is without inducements to better his condition due regard, as well to public security as to the sympa- from the uncertainty of enjoying the advantages resultthy excited towards those afflicted by this most dreadful ing from it. In the instance of misdemeanors, experience of human maladies. In Pennsylvania, however, no au- frequently shows that the cause of the prosecution is but thority exists which would authorise a court to restrain its ostensible object, its real one being a spirit of malice of his liberty the most dangerous madman, whom they and uncharitableness. Permitting prosecutions to be had just acquitted of an act of cruelty or violence, be- instituted for long by-gone offences of this kind is furcause of his legal irresponsibility for crimes committed nishing food to such feelings, the repression of which is under the influence of his infirmity. In the county of of the first importance to the peace and happiness of soPhiladelphia, very recently a shocking case of this kind ciety. It is believed, that unlimited liability to prosecuoccurred, in which the lunatic made a dreadful though tions for offences, is made the instrument of extortion unsuccessful attack on the life of a relative, whom his and oppression, under which the guilty man becomes distempered imagination led him to believe an enemy. often more injured than he who was originally aggrieved. The court being fully satisfied of his insanity, could not To redress such results is the object of the proposed liinflict any punishment on him in the shape of restraint or mitations. otherwise, and had not the managers of the alms house interfered, and conveyed him to the public asylum, he must again have gone at large. The victim of his ferocity still lives in dread of his escape, lest in that event, he should complete his almost effected purpose. The adoption of some remedy to meet the evil is of absolute necessity.

Challenges of Jurors in Capital cases.

The subject of "outlawry" forming in itself an important feature, in a general system of criminal proce. dure, has been left untouched. The three first sections of the act of the 23d of September 1791, form in themselves as good a system, as could be now suggested, and being embraced in a single enactment are easy of access and can readily be understood. These circumstances, together with the rareness of their practical use, lead the commissioners to the conclusion, that no absolute necessity exists, of re-enacting them in the proposed bill. Should the legislature think that the introduction of these provisions, into the act regulating criminal procedure, would tend to render this enactment a more perfect system in itself, such an amendment of the bill can at any time be effected without difficulty, It will also be observed that in framing the repealing clauses of both the acts referred to in this report, the commissioners have avoided interfering with any of the existing laws regulating the present penitentiary in Philadelphia. This establishment must necessarily proceed for some time; certainly until the state penitentiaries are in a state of preparation to receive convicts; and even afterwards, if the legislature exclude from those establishments convicts for short periods, whom all experience has proved to be the least productive, and consequently most ex

This subject has already attracted much public attention, and since the contemplated provision in the act regulating criminal procedure was prepared, has received the adjudication of part of the supreme court of the commonwealth, and is now in the progress of final decision in that tribunal. It is difficult to anticipate what will be the decision of the court, and hence the commissioners have deemed it proper to submit the propriety of remedying the existing system to a body whose decisions are not limited by precedent or controlled by authority. It is of course obvious from reporting the provision alluded to, that the commissioners agree in the abstract propriety of the decision, made by the majority of the judges, who ruled in favor of the commonwealth in the case alluded to. It appears to them a mockery of justice and a cruel restraint upon conscience, to force a citizen into the jury box who avers his fixed determina-pensive class of prisoners. tion to find against the commonwealth, let her case be what it may, and who conceives that an obligation, superior to human laws, coerces him to so extraordinary a A common outcry would be raised against any law which submitted the decision of the least important rights of the humblest citizen to a judge of such determined prejudices, Surely the commonwealth is entitled to as much, though no more justice, than her citizens in every case, and peculiarly so in a case which involves one of the chief ends of her existence, the conservation of the public security.

course.

Limitations of Prosecutions.

The commissioners feel that this is probably the most important addition to the penal jurisprudence of the commonwealth embraced in their plan of improvement. It has certainly no analogy in the common law code of crimes and punishments, and may therefore, be obnoxious to the imputation of novelty. But although a stranger to the common law, it is not so to more modern codes, and now forms a distinguished feature in that of

The commissioners in submitting the result of their labours to the legislature, are conscious that in a work of such extent and importance, embracing so great a diversity of subjects, all of the greatest interest to the community, errors and imperfectious must unavoidably exist. The candour and magnanimity of the legislature will they trust, assign them to their true causes, the nature and intrinsic difficulty of the work, while the wisdom of that body will readily suggest their remedy. CHARLES SHALER, EDWARD KING, T. J. WHARTON, Commissioners.

Philadelphia, December 20, 1827.

1

The Huntingdon Gazette, of Wednesday last, says the Bald Eagle Furnace, under the care and management of Mr. M'Cormick, one of the most industrious, persevering men we know of, will, we are informed, clear, to her owners, John Gloninger & Co. during the present blast, (her first) the sum of 15,000 dollars.

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From the annual report of the Auditor General,
made to the legislature, it appears that the receipts and
payments made at the treasury, during the last fiscal
year, ending 30th November 1827, were
Total amount of receipts during that
time

To which add balance in the treasury,
Dec. 1, 1826

Making

SC

$1,588,757 12

155,022 05 1,743,779 18

The payments during the same time were 1,575,881 301

Leaving a balance in the Treasury, Dec.
1, 1827, of

be

167,897 87

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The committee proceed to show the most important sources of revenue from whence those receipts are derived, with some remarks thereon.

Those derivable from lands during the last year amounted to $73,867 70, and show an increase over the preceding year of 30,277 20. Those from auction duties during the same time, to 142,928 84-increase 34,108 78. Those from auction commissions to 20,900, increase 200. Those from tavern licenses, to 39,218 15, increase 4,643 934. Those from tax on bank dividends to 23,466 34-increase 194 26. Those from dividends on bank stock 76,289 00-shows a decrease of 45,000. Those from retailers of foreign merchandise, also a decrease of 2,052 80. From the remaining sources, some of which being of a permanent and some of a contingent character, there has been but little variation. Upon the whole, however, after deducting the decrease above mentioned, there has been an average gain of about $50,000. First, of the increased receipts on lands, the amount is very considerable, and the anticipations since the passage of the act of 1826, for the collection of those monies, have been fully realized, and it may be safely estimated to give a continued increase for several succeeding years, should the collections be persevered in, Any relaxation of the existing laws would produce a contrary result. Second, the receipts from auction duties give a handsome increase, and a similar increase may 15 be expected, unless the proposed modification of the 864 auction laws, by removing the existing duty on the pri

Males 21-Females 6.- -Total 27.
2. Sick in Quarters,
Remaining on the list of sick in quarters on the 1st of
January 1827

Received on the list during the year

Total under treatment during the year
Of this number there were

Cured
Discharged, relieved

Transferred to sick in hospital
Discharged, time of sentence expired

vate sales of the auctioneers on commission should have 879 the effect of reducing them. If that measure should be adopted no material reduction is, however, anticipated. Third, the increase on the auctioneers' commissions is in 776 amount but small. No reduction thereof is to be appre2 hended. Fourth, the increase on the receipts from ta86 vern licenses is not very material; but it is to be remark1 ed, that the annual receipt therefrom, maintains its station without much variation, and it is deemed inexpedient 865 to make any change therein. Fifth, the tax on bank dividends gives a small increase and maintains its perina14 nent character, and if change takes place it will most probably be favourable. Sixth, the decrease on the receipts from bank dividends, which have heretofore been the most certain and permanent source, is deficient to a The average number of convicts confined in the pri- large amount. The causes have already been explained son for the year 1827, has been five hundred and ninety-in a report of the committee, made a few days since, and

Total terminated cases

Remaining under treatment on the 31st of December 1827

879

t

820.1

FINANCES OF THE COMMONWEALTH,

it is of course unnecessary to report them here. The usual dividend has since been made, and therefore may be estimated as in former years. And it is proper here to remark that a portion of the customary receipts, estimated to amount in the current year, to $101,000, will be subtracted from the ordinary operations of the treasury and passed into the internal improvement fund; and that the premium on the canal loans, which amounted in the last year to 48,875, (a small part of which, however, was received in the preceding year) will also have to be passed into that fund, which will make a considerable reduction from the total amount of receipts from the or dinary operations of the treasury in the current year; and it will be seen that the above amount of premiums on canal loans, and the 65,000, part of the loan of 260,000 being received, constituted the principal part of the balance in the treasury, at the end of the last fiscal year. The ordinary expenses have, during the last year, increased over the preceding, about $35,500, on the following items. First, internal improvements, chiefly of a local nature, 12,631 57-the whole amount of which was about 67,700. Second, expenses of government, 19,779 81; the whole amount of which was 202,127 24. Third, the militia, 3,428 70-the whole amount of which was 26,666 75. Fourth, pensions and gratuities-there has been no increase. The other items of expenditure are chiefly of a temporary and contingent character, and the variation not material.

Chesapeake and Delaware Canal stock,
to be transferred to the State, in about
ten years from this time

Amounting to

151

100,000 00 4,568,363 14

It will be proper to remark that the bank stock, owned by the state, is worth at this time a considerable amount above its par value.

The turnpike stock is a very unprofitable stock, yielding but a very small amount of dividend to the state.The turnpike companies are incumbered with debts, some very heavily, and until those debts are discharged little can be expected from them in the shape of dividends, and it is therefore, impossible to estimate its present value.

The bridges have yielded for the last year dividends amounting to $15,565, being about 4 per cent. and may be expected to improve.

The canal stock above mentioned will, it may be expected, after the expiration of a few years, become a profitable source, the stock being at par in the market.

rable amount will be received from that source for several succeeding years. The secretary states that from the business now doing in the offices, it may for the current year be safely estimated at 85,000.

The amount of monies due the state for lands cannot, as appears by the report of the secretary of the land office, lately made to this House, be estimated with any degree of certainty, yet from the measures in progress for their collection, and from the increased receipts durOne considerable item of expenditure last year willing the last year, it may be inferred that a very considenot occur in the present; that is, the payment on account of the penitentiaries at Philadelphia and Pittsburg, which amounted to 54,840 65. The present year it will be but 3,800. From the increased amount of expenditure the subtraction of a large portion of the ordinary receipts to aid the internal improvement fund and the receipt of the premiums on loans, belonging to that fund, it will be seen that an increased expenditure at this time cannot be warranted, unless additional aid is applied to the treasury, without seriously embarrassing its ordinary operations.

The unpaid appropriations heretofore made for aiding turnpike companies, roads, rivers, bridges, colleges,&c. amounts to 213,444 05. The payments from the treasury for those objects amounted in the last year to 67,735 97. If no material additions are made at the present or immediately succeeding sessions, the whole amount will have been discharged in less than four

years.

Some of the items of expenditure, viz. Expenses of the legislative department of government, and of the militia, might without any inconvenience, and with great propriety be reduced.

The committee cannot feel themselves justified in recommending a resort to taxation; or to propose to add any increase on the existing sources of revenue, for defraying the ordinary operations of the government, nor to recommend any further loans for that purpose, nor do they believe it will be necessary, should the views of the committee be sanctioned by the legislature.

It may not be improper to assume as a data the amount of those monies due at 1,840,000, which is equal to the amount of debt created in anticipation of the receipts from that source, and it would appear that the application of these monies to the payment of that debt would comport with justice and sound policy.

large debt is about to be created, and by the payment of This will appear the most apparent as at this time a the old debt, the state would be relieved from the payment of $92,000 of interest annually.

This can perhaps only be done by the application of a sinking fund, and should there not be a sufficient sum remaining in the treasury, after the ordinary demands thereon shall have been satisfied, it will become necessary to supply the treasury from new sources, equivalent to the sums to be withdrawn annually and applied to that

fund.

However great the resources of the commonwealth may be, it must be admitted that much will depend upon the judicious application and management of them, and this can only be expected from the legislature, the guardians of the public money. At the creation of a public debt, it is no less prudential in governments than in individuals to look to the mode as well as the means for the redemption and ultimate payment. The creation of an efficient sinking fund seems to be called for as no

The public debt on the 30th November last amounted mode has been adopted heretofore for the extinguishto $3,353,448 05, comprised as follows:

Due on appropriations made to turnpike companies, clearing obstructions in rivers, bridges and colleges 213,443 05 Due on loans (exclusive of the canal loan) 1,840,000 00 Due on the canal loans 1,300,000 00

Making

The vested capital of the state consists of

bank stock

Turnpike stock

Bridge stock

Union Canal stock

Schuylkill Navigation stock

3,353,443 05

ment of what may now be denominated the old debt.

The estimated receipts into the treasury during the current year, including the unexpended balance of 200,000, of the loan of last year and the premium thereon, 9,500, and the balance in the treasury on the 30th of November last, of 167,897 87 will amount to 883,397, and the estimated expenses during the same time including the payments to the internal improvement fund, and the interest on the old loan, will amount to 717,444, leaving a probable balance in the treasury of 165,953, on the first of December 1828.

2,108,700 00 From the report of the commissioners of the internal 1,871,707 92 improvement fund, made to this House on the 11th inst. 392,955 62 it appears that the receipts and payments made from the 45,000 00 2d of February 1827, to the 6th of February 1828 in50,000 00 clusive, were:

Amount received from the state treasurer, for construc-
tion of the Pennsylvania canal
$1,140,000 00
Amount paid to the treasurer of the board
of canal commissioners
1,140,000 00

The receipts into the fund, from the seve-
ral sources pledged thereto, were in the
last year

To which add the balance in the fund, Feb. 1st, 1827

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34,778 48
30,107 15
64,885 63

64,885 63 The probable receipts and payments are estimated by the commissioners from Feb. 1, 1828, to Feb. 1829, as follows:

From auction duties

Dividends on turnpike and bridge stock

Collateral inheritances

Escheats

To which add balance in the fund, 6th
Feb. 1828

And the payments during the same time of the interest on loans heretofore made and proposed to be made at the present session, are estimated to amount to 115,000 00

Leaving a probable balance in the fund on the 1st February, 1829, after paying the interest on loans due that day 12,859 24

it would be the better course to apply such sums as may from time to time be found necessary to meet the interest on loans made and to be made, and it may very naturally be supposed, that until the canals are so far completed as to yield tolls and incomes over and above such interest, until such surplus is created no investment can be made to advantage.

From the foregoing report it appears that the internal improvement fund is in a favourable state, that it will meet all demands upon it for the current year, and leave a balance of upwards of 18,000 dollars. The estimated interest on the loans for the same time are predicated on a loan of 2,000,000 dollars, and it is the opinion of the commissioners that it will be unnecessary to increase the fund so as to produce an accumulation, and it would appear that the pledged sources, some of which are of an increasing nature, and the premium on loans, that will accrue in the current year, and the amount already due the fund on that account, will probably amount to 100,000 dollars to be invested therein, so as to meet the the interest in 1829, which may be estimated as sufficient for that purpose.

It may be expected that in the following year (1830) receipts from tolls will be had from that portion of 80,000 00 canals, now in a state of forwardness, and it can then be judged what aid, if any, it may be necessary to apply to strengthen the fund.

17,000 00 3,500 00 500 00 26,859 24

127,859 24

127,859 24 By a clause in the act of the 16th April last, the engineers and secretary of the board of canal commissioners were to be paid out of the internal improvement fund, and inasmuch as it appears that this fund was originally designed for the payment of the interest of loans for the construction of the Pennsylvania canal, and ultimately for the redemption of the principal of such loans, and it therefore becomes necessary to replace that amount with any future payments in the fund, and to cause the payment thereof to be made out of funds placed at the disposal of the board of canal commis

sioners.

The balance of the fund will accordingly be augmented to 18,484 24.

And the commissioners observe, that they do not believe that the commonwealth would derive any advantage at present from an increase of the internal improvement fund, from sources other than those already appropriated by law.

Should there be a surplus by the existing law, that surplus would have to be vested in the United States or other productive stock. Judging from loans heretofore made by the commonwealth, the commissioners do not suppose that they could invest money in such stocks yielding five per cent. per annum without giving a premium of between four and five per cent.

Should there be a surplus in the treasury during the current year, they recommend that it might be advantageously applied to the payment of the loan authorised under the act of 1826, a part of which (75,000 dollars) is reimbursable at the pleasure of the state.

The committee concur in these views, because it is evident that if a considerable surplus is suffered to remain in the funds, which could not with advantage be invested, there would be a loss of the interest, and that

It is, therefore, deemed unnecessary for the committee to recommend any measures at this time for raising means to aid the operations of that fund, and that reliance may be placed upon the productiveness of the canals and improvements contemplated to pay the interest and ultimately to reimburse the debt that may be created in their construction, which expectation is justified by experience in similar undertakings in our country.

The committee on inland navigation and internal improvement, have accompanied their late report to this house with a bill which provides for the further extension of the Pennsylvania canal, and for the location of a rail way from Philadelphia through Lancaster to Columbia, thirty miles of which to be put under contract within the present year, and also the location of a rail-way across the Allegheny on the Juniata route, and appropriating for these objects 2,000,000 dollars.

The means to commence and to prosecute the great system of internal improvement in which the commonwealth is now engaged, have been by loans, which were obtained on very favorable terms, and it may be said the time has been auspicious, as there has been much redundant capital unemployed seeking investment, and the stock of the state possesses a character that gives it a preference over most others, and should this favourable state of money market continue, it may be presumed that future loans may be obtained upon equally if not more favorable terms.

Under these circumstances the committee think it the most advisable course to pursue, having the sanction of experience of a sister state as a guide.

With ample resources, and under auspices so favorable, results the most valuable and interesting to our commonwealth may be fairly anticipated.

PROCEEDINGS OF COUNCILS.

Thursday Evening, Feb. 28, 1828. Mr. Smith presented the following: The committee, appointed on the 7th inst. "to cause the turret in the rear of the State House, to be surveyed, and to procure a plan and estimate of the cost of carrying it up to a sufficient height to place a clock and bell therein,"

REPORT:

That they have had the building surveyed, and beg leave to submit the accompanying report of the surveyors:

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That they have also received a proposal from Mr. Isaiah Lukens to make a clock for the city, and also a proposal from Mr. John Wilbank to cast a bell, to be placed in the cupola of the turret, which proposal they also beg leave to lay before the Councils.

From the accompanying proposals it appears that the expenses of carrying up the turret according to the plan proposed, of which a drawing by Mr. Strickland, is herewith submitted, being in fact a restoration of the spire originally erected with the building, and standing there on 4th July, 1776, and putting a clock and bell therein, will be as follows:

Expense of carrying up the turret and cupola

Do

Do

Clock

Bell, 4000 pounds, at 45 cts. 1,800, (Allowed for old Bell $400)

Cost of painting Turret, and incidental expen

ses

Total,

REPORT:

153

That the foundation walls are 3 feet in thickness at the base, and 18 inches at the top, being carried up with good substantial brick work to the height of 69 feet, having regular offsets on the outside at each of the stories. The walls of the upper story are 31 feet square being tied together with girders; and a strong trussed framing of Oak and Gum Timber.

There appears to be no departure from stability in any part of the building, except a slight crack in the southern face of the wall, immediately over the arch of the large venetian window. This must have occurred shortly af$8,000 ter the tower was built, and it has been caused by the 2,000 opening of the window being so great as to throw the largest portion of the weight of the walls toward the 1,400 external angles of the tower;-we are of opinion, however, that this circumstance does not at all affect the strength of the building, and that two stories of brick work, 18 inches in thickness, and comprising about 28 or 30 feet in height, may be added to the present walls with perfect safety; and by a continuation of the framing above alluded to, connecting it with strong diagonal girders attached by iron clamps to the walls of each of these stories, a wooden cupola and spire may be firmly and easily constructed.

11,400

600 $12,000

Making the whole expense twelve thousand dollars. In this statement the value of the old clock is left out of view, as from its age and condition it is not considered of more value than old metal, except the dials, which might be used for the new clock, and an allowance made for them by the maker.

In making this report to councils, your committee are impressed with the necessity of having a uniform time for the city, which would be obtained by having a good clock under the superintendence of a careful person. The carrying up of the Turret would also contribute greatly to the ornament of our city, which is so deficient in embellishments, which in other cities are considered as indispensable.-From what your committee have learned since their appointment, the carrying of the plan proposed by them into effect would meet the approbation of the city at large, and is anxiously and heartily wished for by all. Your committee do not deem it necessary to expatiate upon the utility that the accomplishment of the object before you would be in case of fires, in affording an opportunity of discovering them, and giving the alarm in a much more effectual manner than at present. The committee, therefore, beg leave to offer the following resolutions:

Resolved, That the committee of councils appointed on the 7th inst. to procure a plan and estimate of the cost of carrying up the Turret in the rear of the state house, be and they are hereby authorised to cause the Turret to be raised according to a plan submitted by them to councils, and to have a clock and bell of such weight as they may deem expedient placed therein, with such other improvements as they may think proper, provided the expense thereof do not exceed the sum of twelve thousand dollars.

Resolved, That the mayor be, and he is hereby authorised and requested to draw his warrants on the city treasurer, at such times and for such sums as the chairman of the committee for carrying up the Turret, may in writing request, to the amount of twelve thousand dollars, and charge the same to appropriation No. 14, for the improvement of city property.

FRANCIS GURNEY SMITH,
BENJAMIN TILGHMAN,
J. W. THOMPSON,
MANUEL EYRE.

Philadelphia, Feb. 21, 1828.

To the Chairman of the Committee inquiring into the practicability of building a turret to the Tower of the

State House:

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Mr. Smith, said the citizens of Philadelphia, seemed to be unanimous in regard to the proposed improvement. and he hoped a like unanimity would be found to prevail in councils.

Mr. Wayne objected to the question being hastily decided. He doubted if the tower would sustain as heavy a superstructure as it was proposed to raise on it. The clock might continue in use for fifty years. Full value had not, he thought, been offered for the bell, nor could he say that he exactly approved of the plan of improvement that had been suggested. He thought it would be proper to receive proposals in relation to the bell, clock and steeple, from other artizans.

Mr. Troth, who regretted exceedingly the necessity he was under of differing from the committee, proposed to lay the resolution on the table, for the purpose of introducing another he held in his hand, directing the committee to advertise for proposals from different architects and different artizans. The plan reported by committee was not such as he could in all respects approve.

Mr. Tilghman thought all the opposition to the report arose from misconception. There was no intention to fetter the committee down to the 12,000 dollars mentioned in the report, or to the selection of a particular artizan to make the clock, or another to make the bell. The time of the citizens of Philadelphia was of so much importance to them, that there ought to be some accurate means of marking its passage. The individuals whose statements are annexed to the report, excel in their particular branches. I pretend not to taste, and therefore will not say what merit Mr. Strickland's plan may have as an architectural design; but I am well convinced that no arguments I could use, could persuade my friend opposite that there is either beauty or convenience in a steeple house.

Mr. Wayne. The clock is represented as a very bad one, yet we find the very man who has had the keeping of it in order is now offering to buy it.

Sir,-The subscribers having examined the square Mr.Tilghman. He is a very good keeper, but has had tower in the rear of the State House, with reference to the care of a very bad clock. I, myself, had when a its strength and capability of supporting a superstruc-boy, a great many very careful keepers, but they found

ture,

me a very bad subject. It is enough to say, that the

No. 10.

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