directed not only to himself, but also to be shown to some other persons disaffected to him, in the name of the assembly and people of this province. This is the very letter of which I have formerly demanded a copy, but was then denied it, under pretence (when it was too late) that it should be recalled. If that letter was the act of the people, truly represented, he thinks such proceedings were sufficient to cancel all obligations of care over them; but if done by particular persons only, and it is an imposture in the name of the whole, he expects the country will purge themselves, and take care that satisfaction be given him.

Death of King William. William Penn in favour with Queen Anne. Receives the remonstrance. Logan's "The proprietary (who, it is well known) has hitherSpecch to the Assembly in answer to it. Their evasive reply. New Assembly. New parties. Logan and to supported this government) upon such treatment as Lloyd. Disputes in the Legislature. The Judiciary he had met with, is frequently solicited to resign and Question. Complaints against Logan. Evans is re-throw up all without any further care; but his tenderness to those, whom he knows to be still true and honest, prevails with him to give the people yet an opportunity of showing what they will do, before all be

William Penn, since his return to England, where he arrived in December, 1701, had been constantly labour-brought to a closing period. ing to promote the welfare of his province, and had succeeded in defeating the bill brought into parliament to destroy her constitution. King William died shortly afterwards, after again confirming the act which exempted the Quakers from the obligation of taking an oath. (2) Penn got into great favour with his successor, queen Anne, so that he frequently went to court, and on that account fixed his residence at Kensington, and greatly contributed to secure to the Quakers the enjoy ment of their rights as men and citizens. (3) About this time and under these circumstances, he received the remonstrance of the Pennsylvania assem

390

The

Whether the people resented the unworthy treat- as soon as the danger was over, they became more diment of their proprietary, or whether, as Franklin would vided than ever. Logan and Lloyd were at the bead of The former appeared to have have it, (1) they were worked upon by the address the respective parties. and influence of governor Evans, the next assembly, an unbounded influence on the governor, and to rule although many of the former members were re-elected, him entirely, therefore his opponents made him the obwas much more tractable; (2) all their proceedings ject of their most violent attacks, considering him as had the most favorable results; the old laws were again the principal conspirator against their liberties. They provided punish governor, on the other hand, looked upon Lloyd as a revised and partly amended. ments for sundry crimes and immoral acts, to which mutineer, who was to be made to feel the whole weight their attention was directed by Evans himself; new laws of his authority. In this manner injustice was done to In the mean while, three charters remained unwere made concerning inheritances and last wills, both. others to secure the colonists in the possession of their confirmed, and the important bill for the organization of lands; a system of poor laws was also enacted, proceed- courts of justice, which the former assembly, perhaps ings at elections were regulated, the introduction of to gain time, had left unfinished, was again postponed. Indian slaves prohibited, and a criminal tribunal estab- One third of this last legislature consisted of members lished for the trial of negroes. The number of laws of the violent assembly of 1704, and Lloyd had been, enacted exceeds fifty. In order to defray the expenses as formerly, elected their speaker; their session lasted, of government, a tax was laid of three pence half-penny with only a short interval, until the ninth month. Their per pound on the assessed value of real estates, and a whole time was consumed in vehement disputes, by poll tax of ten shillings a head on those who were not which the subjects of controversy were more and more freeholders. A duty on strong liquors and on the im-embroiled, and no result whatever was produced, although the assembly appeared on the whole to have portation of negroes was also established. The good will of the legislature towards the proprie- gained a victory over the governor. The principal subtor was not only shown, by their making a law for col-ject of controversy, was the erection of courts of juslecting the arrears of the £2000, formerly granted to him, but also for levying his quit rents. They addressed to him a respectful petition, requesting that he would interpose his good offices with the queen, that she should not repeal an act which they had passed to allow of a solemn affirmation, instead of an oath, and that she should revoke an order which had been made to the The best understanding contrary, in January 1702 subsisted between the two houses of the Legislature; even the tone in which Evans addressed the assembly was mild and conciliating. On one occasion only, they did not show the same yielding disposition, it was when he required them by the queen's order to put the coloay in a state of defence. They declined complying with the demand, on pretence of their inability to follow the example of the neighbouring colonies, and their distance from the scene of danger; but in their answer, which otherwise was couched in civil language, they revived the recollection of the false alarm, and demanded the punishment of its authors. Whether this excuse appeared sufficient to the governor, or whether the address operated upon his fears, it is certain that it could by no means be pleasant to him. He showed, however, no feeling on the subject, and did not pursue the requisition further.

This pacific legislature was like the calm which follows a violent storm, without, however, clearing the atmosphere of all noxious vapours. The tempest broke out again with fresh fury in the succeeding assembly, which threatened entirely to destroy the constitution. Nothing but the fear of falling into the hands of the crown, which threatened to introduce oaths and the militia system, had kept the parties united, and induced those who were opposed to the proprietary to moderate their tone towards him and the lieutenant governor; but

1 Franklin's Rev. p. 65 [Am. ed. 52.] He does not adduce any proof in support of his opinion, except that it was advanced by a subsequent and more passionate general assembly. From the names of the new members, it rather would appear that a more moderate party, which till then had been kept down by the violent Evans was hardly so beloved men, rose into power. that the people should have accommodated themselves

to his wishes.

tice, a right which the king's charter had, indeed, grant-
ed to the proprietor, but which in the year 1701, he had
abandoned to the assembly. The queen repealed an
act which had been passed upon the subject, and re-
quired another to be enacted more analogous to the
The new bill before the present as-
English system.
sembly was very different from that model, and sought
to deprive the proprietor of prerogatives to which he
On the other hand, the lieutenant
was justly entitled.
governor denied to the legislature their indisputable
rights. (1)

The assembly made matters still worse, by exhibiting articles of impeachment against the secretary Logan, (2) who was one of William Penn's commissioners, and the quarrel was embittered to the highest pitch, by the disrespect shown to the governor by the speaker of the house, who, on some deliberation, made a speech and gave his vote sitting; so that even the acknowledgement of his fault did not satisfy the offended party, who insisted on receiving a formal apology.

By such trifling matters, the minds of men were so exasperated, that the most important affairs of the colony were almost entirely neglected. As the house was about to adjourn for two months, the lieutenant governor pressed them to proceed to the trial of Logan, who was ready to submit to it; but this message was not received until two hours after the house had adjourned, and when they met again, they went into the business of Logan's impeachment, (3) and his general answer was heard in the presence of the lieutenant governor, who, however, found means to avoid deciding upon it, by alledging that he was not invested with the powers of an English house of lords, and therefore that in such matter he was not a competent judge of the articles of impeachment, part were of such a nature, that they rather concerned the proprietary than the secretary of the Others charged Logan with treachery government. and extortion under colour of his office of land com

1 1 Votes, pt. 4. p. 101, 114, 121, 126, 141, 145, 157. 2 They had previously represented him by name as a dangerous adviser and an enemy to the colony, upon which he treated a member of the assembly, who brought a message to the governor, with insulting language, which produced fresh complaints. 1 Votes, pt. 2. p. 114, 116, &c. His influence with the governor was considered as the principal cause which prevented the passing of the judiciary bill.

2 Their speaker was Joseph Growdon, a lawyer from the Dutchy of Cornwall, in England, who had before He sat affilled that office in a distinguished manner. terwards, sometimes in council, sometimes in the as3 [The translator has somewhat modified this passage, sembly; he was attorney general of the province, and The former to make it accord with the fact; the author having supat last died clerk of the house, in 1736. speaker David Lloyd, represented the city of Philadel-posed that the house had gone into Logan's trial without adjourning. But see 1. Votes pt. 2. p. 166.] phia in this assembly.

1828.]

CHESAPEAKE AND DELAWARE CANAL.

missioner, and land surveyor, and these were supported by a number of petitions preferred against him. (1)

As the assembly now saw that nothing could result from this course of proceeding, they prepared two different remonstrances to the proprietary, in which they not only brought forward bitter complaints against the lieutenant governor and the secretary of the government, (2) but reminded him in severe terms of the remonstrance of the assembly of 1704, and demanded of him that the grievances which it contained should be redressed. Thus ended the long dispute with governor Evans, who soon afterwards was recalled by the proprietary, after having exercised the government during five years. His administration had produced such bad consequences; wanting the necessary talents to quiet the passions of men and govern free citizens, he found himself so helpless when his conduct was laid before the proprietor, that on his being recalled, he could expect no favor; and, indeed, while he was still in Philadelphia, a formal address of thanks was voted to the proprietor for having freed the colony from his government. (3)

11 Votes pt. 2 p. 154, &c. 172, 179.

2 As the lieutenant governor demanded in an angry tone to know the nature of the complaints made against him, they produced fifteen new grievances, which were not entirely unfounded, representing him as a man of unsteady principles, arbitrary disposition and scandalous morals. 1 Votes pt. 1. p. 183.-1. Proud 481. These were sent over to England with the former ones. 3 Franklin's Review-p. 71. [Am. ed. p. 57.]

NINTH GENERAL REPORT

391

stance to change the location; by which the public convenience and accommodation has been consulted, without injury to the company. The new sluice has been placed on the main road, and forms a very substantial and useful bridge, on a much frequented route. The drain itself had never been entirely excavated.That process is now going on, and when effected, will be promotive of the health and comfort of the neighbourhood-objects to be desired by the company, and which it has been the study of the Board at all times to cultivate and promote.

A considerable part of the unfinished guard bank; below the village of St. George, indicating a decided tendency to sink, was unhesitatingly abandoned. The Board has not, for a moment, doubted the economy and Between 100 and 200 acres of policy of this measure. wild unredeemed marsh, of little or no value to any bo dy, will in consequence be overflowed, but it will add considerably to the supply of water for the purposes of navigation. It seemed indeed to be placing the funds. of the company, and the speedy completion of the canal,. at too much hazard, to persevere in building up that bank in face of the impressive, but unavoidable lessons immense sinking of the tow-path directly on the oppoof experience, so recently acquired, by the board,, in the site side of the canal. As evidence of the singularly flimsy quality of the fibrous material of which the marsh in this place is mainly composed, it may be mentioned that the dredging machine, successfully and profitaby employed here in bottoming out some of the parts left unfinished by the spade, is found to bring up from the lowest depth to which the buckets descend, matter whose specific gravity is so trifling, that when torn from its native bed, it may constantly be seen floating

Of the President and Directors of the Chesapeake and on the surface of the canal.

Delaware Canal Company.

On approaching the stockholders with a statement of the present condition and prospects of the great and interesting work committed to the charge of the Board, it becomes their melancholy duty to announce the recent demise of their highly valued friend and associate Silas E. Weir, whose departure has unexpectedly deprived the committee of works of its estimable chairman, the Board of one of its most intelligent and active memcers, and society of one of its most useful public-spirited citizens.

Waving this painful event, the Board has the satisfacfaction to report, that since the last annual meeting the works on the canal have, through many difficulties, been gradually and successfully progressing towards a termination.

The past winter proved unpropitious, the incessant and heavy rains which prevailed throughout almost the whole of that season greatly retarding the operations of the workmen, and in fact frequently putting a stop to every species of labour on the line. The soil, naturally abounding with springs, was rendered so soft in the bed of the canal, as to prove unmanageable by the spade, and the few men who persevered in their arduous toil, stood not unfrequently up to their knees in the liquid earth.

One other spot of recent construction, in the guard. bank, about 100 feet in length, immediately over the former water course of the St. George, sunk, some days back, so far below the proper level, as to occasion an overflow of the adjacent marsh;-the damage was however speedily repaired, and the navigation, which had of course been temporarily interrupted by the accident, has been resumed; nor does any apprehension exist as to the future: in fact, so large a portion of the guard bank had been previously abandoned, as already intimated, that little of it remains to occasion any anxiety at all;-the line of the canal on that side being at present principally bounded either by solid earth, through which it has been cut, or by native shores covered with verdant and closely timbered forests. The tow-path throughout its whole extent, continues to wear the appearance of firmness and durability, having been in constant use for some months, by heavily laden carts and wagons in the service of the Board.

The water has for several weeks been let into sections one to four inclusive, and an active scene of business exists on the whole eastern division of the canal, from Delaware city to the company's wharf near the summit bridge. Sloops, heavily laden, are continually plying between these two points; and the Lady Clinton packet boat runs daily on the same route. Owing to the depth and expanse of the water, it is discovered that The works at the Delaware harbour are in good or- vessels can easily traverse this splendid canal, at the rate der, evidencing their entire stability and usefulness. of from 6 to 7 miles an hour. As further evidence of No additional wharf work has been ordered since the the growing importance of this work, and of the bent last report, the Board apprehending it to be most for the and tendency of the public mind in its favour, it must interest of the company, and the convenience of the be pleasing to the company to be informed, that the public, rather to urge, in the first place, the completion steam-boat Baltimore, fitted up in a stile of great eleof the line of canal, leaving other objects of less press-gance and convenience, for the accommodation of pasing concernment to be finished at leisure. The wharfs have however proved very serviceable, and afford protection to the passing trade of the Delaware.

The sluice on the northern drain, constructed originally of wood, having been discovered to be defective and insufficient for the purposes designed, another of solid stone masonry has been substituted, at a moderate expense, and the Board availed itself of this circum

sengers, is established as a regular packet between Phi-, ladelphia and the company's harbour on the Delaware, and that the steam-boat Essex, also very handsomely fitted for the same purpose, visits the harbour every day, on her way between the city and Salem, New-Jer sey. Both boats are ably commanded, and well furnished.

On the western division, sections 6 and 7 are finish

Lum's mill-pond, of 100 acres, being of the
average depth of six feet-
Jones's mill-pond, twenty-five acres, aver-
depth five feet, (and may be increased)

Lum's can be raised three feet to say no-
thing of Jones's. Add-

We have then the cubic feet

26,136,000

5,445,000

75,141,000

21,780,000 96,921,000

feet; two lift locks, 44,000, but with a large sloop float-
A lock filled with water, will contain 22,000 cubic
ing in it, one of these locks may be estimated at 16,000
fect, or 32,000 for the two locks.
Supposing ten vessels to pass daily, there

will be water for

Fifteen vessels
Twenty ditto

302 days. 201 66 151

66

ed, the locks are in good order, the gates are hung, and every thing is prepared for immediate use. The contractor for this division, whose contract extends eastwardly, into No. 5, within less than a mile of the Buck Tavern, thinks he will have his portion of the work prepared for navigation, in six or eight weeks from the present time, when the water will be introduced into that division. Nor does a doubt exist, that the entire canal will be completely finished and navigable the ensuing autumn. The only excavation of any moment, still to be accomplished, is on the deep cut, where a part of the canal is now carried down to bottom and finished, and the removal of less than 160,000 cubic yards of earth will complete the canal. It may not be improper to add, that considerably more earth has already been taken from the line of the canal, than was originally contained within its limits; and that consequently the deposite caused by slips and washes, and more especially by such as were incident to the injunction, were more than equal to the quantity of materials yet to be excavated. These slips, and the quicksands which occasionally harIt is assumed, in this estimate, that two lockfuls of rassed the workmen, appear to be at length completely water will be required for the passage of each vessel; subdued, and the stoning of the sides, which is pro- whereas in probably a majority of cases, a single lockful gressing with rapidity, ensures solidity and security to will suffice. It is moreover to be observed, that this esthe banks; the excavation, which goes on simultaneous-timate is independent of the inexhaustible supplies to be ly, is also proceeding with energy and effect. The derived from the Delaware and the Chesapeake, whenstoning extends about 3 miles along the deep cut-the ever the demands of the canal shall render a resort to wall is rather more than 11 feet perpendicular, about 16 them necessary or desirable. feet on the slope, descends 1 foot below bottom, and rises a little higher than the water line. It is from 18 inches to 5 feet in thickness, at the base, according to the nature of the soil over which it passes, and finishes at the top, with from 1 to 3 feet. Under the summit bridge, however, this wall is carried upwards on both sides of the canal, until it is met by the abutments, which it is designed to protect. The wall requires 44,000 perches of masonry, of which 18,000 remain to be built. The stone for the eastern division is brought by water, from quarries in the vicinity of Chester, to the company's wharf, near the summit bridge; and that for the western division, is brought from Port Deposit to Back Creek, whence it is wagoned.

A small village, to be called Chesapeake, has been laid out at Back Creek, designed for the convenient erection of warehouses for the produce of the country, and the necessary buildings for persons who may be engaged in the business and service of the canal, the accommodation of watermen, who may resort to the place in prosecution of their calling, and generally, for the use of all who may stop on their way to and from market. The Board trusts that this spot is destined soon to witness the cheering hum and bustle of active com

merce:

The company will learn with satisfaction, that the Board has purchased, on very eligible terms, Jones's mill and pond, at the head of the St. George, which ensures to the company the entire command of the water power of that important creek; the Board having previously bought Lum's, the only water power situate between Jones's and the canal. The buildings on these estates are old, and of little comparative value, but the possession of the ponds to the stockholders, is an affair of much consequence. The newly acquired pond adds another reservoir to our resources, and their possession, by the company, puts an end to the jealousies and jarring interests so common among proprietors of water power on the same stream, nor will the company be now subject to the caprice or humour of any individual, for their regular supply of water on the summit.

Calculations have been formed, perhaps with no very. great accuracy, to approximate towards some degree of certainty, as to the supply of water which is to be relied on from the present arrangements on the summit.

little

of evaporation, leakage, and soakage; and it has been Speculations have also been indulged on the subject conjectured, that the springs which issue so abundantly from the bed of the canal, and which so far have shown to the supplies from rain, will prove equal to the evaposymptoms of failure even in dry weather, added ration; and that in a scil so humid and retentive, and at the level of the tide, there cannot be much leakage or soakage.

The account of the treasurer will show the fiscal trans

actions of the board for the past year.

It was stated in the last annual report, that
in pursuance of authority vested in them
by the stockholders, the board opened

a loan on the 11th of February 1826, for— $350,000
And another, on the 16th of January 1827,
for-

Since that period, in pursuance of the
same authority, they opened two other
loans, viz:-

$200,000

$150,000

$139,600

On the 15th of August 1827, for-
On the 16th of January 1828, for $300,000,
of which they obtained-
leaving of the latter, yet to be filled, and for which it
has been proposed to open the books for subscriptions,
about the 1st of July next, $160,400.

On the subject of this loan, the board feels itself warranted to say, that no object for the investment of capital, within the knowledge of its members, presents # fairer claim to public consideration;-no object presents a better prospect for profitable remuneration of the lender, or for the punctual payment of the interest, and the final redemption of the principal. The lender receives six per cent. interest, certain, for five years, on the amount of his certificate, with the option of converting his loan into the stock of the company, at the expiration of that term, by which time he will have had full knowledge of the advantages of such investment, The charter is perpetual, and rests not on the caprice from having witnessed the actual business of the canal. of any human power, for a renewal, nor is it subject to the payment of a heavy bonus every few years, as is the case with our monied institutions, almost without exception. And if the lender prefer so to do, he can, at the termination of the five years, receive back his capital, and apply it to any other purpose at his pleasure.

1828.]

EXPLOIT IN THE REVOLUTIONARY WAR.

The quantity of lumber and other produce which has descended the Susquehanna, this season, is said to be unparalleled in value and extent, notwithstanding the facility afforded by the happy completion of the Union canal. Had the Chesapeake and Delaware canal been in operation, a large proportion of these, and other articles, would have found their way through that channel to Philadelphia; even now, such is the preference given to our market, that large quantities are shipping from Port Deposit to our metropolis, by the tedious and hazardous route of the Chesapeake and Delaware bays, a distance of not less than six hundred miles, including also a sea voyage.

We rejoice with our brethren of Baltimore, in the gratifying prospect of a speedy commencement of their great railway. It will prove another profitable and desirable medium of intercourse between the Atlantic and

western states. Its direct effect must be to increase the wealth and commerce of our sister city, but it cannot fail in its more remote consequences, to add to the business of the Chesapeake and Delaware canal, to benefit the trade of Philadelphia, and to promote the general prosperity.

The highly commendable and liberal appropriation of a million of dollars, by congress, towards the accomplishment of the Chesapeake and Ohio canal, we hail, likewise, as an event most propitious for the country at large, and as a circumstance most singularly calculated to advance the interests of the Chesapeake and Delaware canal; these two canals forming, in effect, but separate links in the same great chain of internal navigation; and we are to consider in the same light, the improvements now forming in the Dismal Swamp canal, in the vicinity of Norfolk, Virginia, which opens to us a direct inland water communication with North Carolina, and eventually, with South Carolina, and, perhaps, even Georgia; advantages which cannot be too highly appreciated, especially should these United States be at any time involved in the calamities of war with a foreign maritime nation. The Chesapeake and Ohio canal will probably be navigable at all seasons of the year; and, it is to be observed, that the Chesapeake and Delaware canal, will be so for weeks and for months, in the winter season; when no other canal, now in operation, nor any which has at any time been projected, to the northward of it, can be used for the purposes of commerce or transportation.

The breakwater, to be erected at the mouth of the Delaware bay, which congress, in the same liberal and patriotic spirit, have determined forthwith to erect, will also be very advantageous to our canal. The coasting trade will especially derive security and encouragement from the protection which this breakwater will afford, and the small craft of the two bays, will, doubtless, as a necessary consequence, be very greatly increased. Already is it in contemplation to supply materials for that great work from Port Deposit, through the Chesapeake and Delaware canal, and it is apparent, that the shortest and most secure route to the ocean, from the upper parts of the great Chesapeake bay, will be through the same channel.

Signed by order and on behalf of the president and directors.

JAMES C. FISHER, President.

H. D. GILPIN, Secretary.

CHESAPEAKE AND DELAWARE CAYAL OFFICE, }

May 31, 1828.

President.

James C. Fisher.

Directors.

393

EXPLOIT IN THE REVOLUTIONARY WAR.

The following account of the action between the privateer Hyder Ally and Gen. Monk, which resulted in the capture of the latter vessel, was published some years after that event, which occurred on the 8th of April 1782-upon comparing it with the accounts pub. lished at the time, we find there is some disagreement as to the number of men on board the vessels-which we correct from these accounts in the notes. This affair was considered a very gallant one. The assembly voted their thanks to the officers and men, and ordered an elegant sword to be presented to captain Barney.

It was in the evening during the revolutionary war, when a number of whigs had assembled as usual, to tell over the events of the day in Crawford and Donaldson's Insurance office in Market street, that the circumstance of the Gen. Monk being in the Delaware der consideration. It was resolved that a committee be bay, capturing or overwhelming the coasters, came unappointed to obtain money and fit out a vessel for the express purpose of capturing the General Monk.

America and by individual subscription. The Hyder The money was obtained from the Bank of North Ally was purchased from John W. Stanly and the command of her given to captain Barney, and a crew of volunteers chiefly from the regular service were engaged; secrecy was fortunately preserved as to her destination; a commission of a letter of Marque was duly issued. Hyder Ally sailed. In a week, Barney was ready for the expedition. mand you to board, fire cooly and deliberately, and with Barney gave orders, "when I comeffect; and when I order you to fire, do She went down the bay in gallant style, disguised as a you board." merchantman, under a heavy press of sail, with two pilots on board, one on deck and the other below in case of accident. Barney saw he could out-sail the General Monk, and ordered the drag anchors overboard; the consequence was the rapid approach of the General Monk. Barney, in a loud authoritative tone, gave orders to prepare for boarding. The commander of the Gen. Monk deceived, directed his men to line the side of the at their posts; Barney cried 'board.' The commander of vessel and repel the assailants. The moment they were the Gen. Monk and several other officers instantly fell. The Gen. Monk returned the fire; but it was now too late to retrieve. they boarded without resistance; a horrid sight met When Barney ordered his men to fire, their view; nearly one hundred killed and wounded lay upon the deck; the blood ran in streams. The Gen. Monk was armed with eighteen nine pounders, a full and well disciplined force of one hundred and thirty nine men.t The Hyder Ally was armed with four nine pounders and one hundred and twenty landsmen.

The Gen. Monk lost in killed and wounded, about one hundred. The Hyder Ally lost four or five killed, and one or two wounded.§

The victory was obtained in fifteen minutes, and was one of the most brilliant achievements during the war. The Gen. Monk was afterwards purchased by the government, and the Hyder Ally was returned uninjur ed to Mr. Stanly, and the money paid for the out fit was repaid by government."