For 1826 & 1827-compiled from Reports of Schuylkill Navigation Company for 1827 & 1828. Flax Leather Paper Soap Fruit 1 2 Mules 0 0 Lead 323 15 0 Grain--926 bushels 1 0 Potatoes 153 15 0 Limestone 5 90 Iron ore 61 50 Whiskey 18 12 2 70 17 0 2 10 0 11 19 0 31 9 0 23 0 0 5 14 0 36 5 0 35 0 1 96 0 0 In favour of 1827 1697 15 0 494 0 0 2 00 6843 0 0 11719 14 3 4876 14 3 4 10 1 200 3 3 Length 117 miles from Kingston on the Hudson river 18 15 0 to the foot of the railway on the Lackawaxen river, in 200 Wayne county, Pennsylvania. The whole of the canal 98 50 to be completed in July 1828, at an expense of 1,500,000 dollars. The railway is 163 miles long from the Lacka5 0 0 waxen creek over the hill to the coal mines on the Lack50 6 0 awana, overcoming an ascent of 858 feet; estimated 0 0 cost $178,000. Seven locomotive engines will be employed on 3 planes, and 5 stationary engines and 3 00 brakes on the ascents. The ascents where the brakes and stationary engines are used, are 5 degrees. The rail23561 0 0 53782 16 3 way will be completed in all 1828. The cost of the locomotive engines will be about $1600 each, weight about 7 tons. 3521 The following resolution was on motion of Mr. Lehman, considered and adopted by the House of Representatives, on Thursday, Jan. 23, 1828. Whereas the construction of an artificial harbour in the bay of the Delaware is essential to a safe navigation and has after a careful examination received the sanction of a board of United States engineers, aided by an experienced officer of the navy: And whereas, the Pennsylvania canal which will unite the Delaware with the Ohio and the Lakes is advancing rapidly towards completion, and the commercial interests of the western states will thereby be closely interwoven with Pennsyl vania. Be it resolved by the Senate and House of Representatives of the commonwealth of Pennsylvania in General Assembly met, that the Governor be requested to transmit a copy of the preamble and resolutions adopted at the present session, relative to a Breakwater, to the governors of Ohio, Kentucky, Indiana, Illinois and Tennessee, with a request that they be laid before the respective legislatures, and that they be earnestly solicited to cooperate with Pennsylvania, New Jersey and Delaware, in procuring the construction of a breakwater at the mouth of the Delaware. Dear Sir,-Below you have an extract from our meteorological table for the last one hundred days, or from the 1st of October. I have also set down the quantity of rain that fell in the three last months of 1826; and it will be found, on comparison, that a much more bountiful supply of water has fallen in the same period of the last year, indeed, our oldest inhabitants do not recollect a season so extraordinary for rain. Of the one hundred last days, on forty-six, it rained, with some half a dozen smart showers of snow. Five mill-dams have been swept off within a few miles of us. Average temperature of October, 1827, at one o'clock 59°-maximum 73°-minimum 28°. hour, 45-max. 67°-min. 22°. Average temperature of Dec. 44 5-10-maximum 61°; LEGAL DECISION. The Case of the First Baptist Church. SUPREME COURT, in Bank, January 7, 1828. A difference amongst the members of the above named Church, having resulted in a separation of the parties, the minority applied to the Supreme Court to be incorporated by the name of "The First Baptist Church of Philadelphia:" no charter having ever been obtained since the establishment of the church nearly a century ago. The instrument of incorporation being duly examined and certified by the Attorney General of the state, and the judges of the Supreme Court, was about being signed by the governor, when a representation from the majority induced him to suspend giving his sanction until the court should reconsider their certifi cate on a hearing of the case. A rule was accordingly obtained on the applicants to show cause why the certificate should not be vacated. Randall and J. R. Ingersoll, in support of the rule, stated the only objection to the charter to be, that the applicants wished to assume a name which the members of the old church had borne for many years, and by which they were known; that the object of the application for a charter, was to obtain possession of the property of the church now in the hands of trustees; that confusion and litigation would arise as to devises; that the lawfulness which the act of Assembly enjoins on the court to consider and certify, embraces not only what is free from actual criminality, but what is improper and incongruous in any respect. Chauncey and Binney, for the applicants, passing by the consideration of the question whether it was in the power of the Judges to revoke their acts, where no fraud or misrepresentation has been used to obtain them, contended that the course prescribed by the act of asIt has been a most uncomfortable season for the far-sembly, had been strictly pursued: that act requires mers. Some of the slow and easy ones did not get all their seeding done-many thousand bushels of potatoes are yet in the ground, and a considerable quantity of corn is ungathered. Most of our flocks of sheep look wretched. Unless where they were under cover, they were frequently soaking wet for ten days together. Great numbers of them will never see the first of May. The present depressed prices of wool begins to produce an apathy amongst our farmers, which I much fear will prove destructive to fine flocks of sheep. No species of property has suffered so great a depression in our country. A good flock of tull blooded sheep sold, a few days since, at a price not equal to two dollars per head, in cash. You will readily estimate the loss sustained in this county, which contains such vast flocks. " પ persons desirous of being incorporated for any literary, The counsel on the other side replied, that the power of granting charters had been given to the supreme The weather continues mild as May. The honey-court to relieve the legislature from the trouble, and the suckle is in leaf, and the buds on many kinds of shrub-parties interested from the delay incident to that course; bery are enlarging rapidly. Whilst I write the thermome- that the court stood in their place, and could exercise ter is standing at 60°, and the barometer is down to 28 the same discretion as to the name of an incorporationYours, &c. that the legislative power ever did; the name had been appropriated by usage, and was as distinctive as if it had been given by charter. 5-10. In October, 1826. 2 7-10 inches of water fell. In October, 1827, 4 7-10 do In November, 1826, 3 5-10 inches. In November, 1827, 4 2-10 do. do. The court held the case under advisement until the 17th inst. when the chief justice and Judge Huston ex In the three last months of the year 1826, 7 6-10 pressed their opinion that the court could not interfere inches. In December, 1826, 1 4-10 inches. In December, 1827, 8 3-10 do. In the same period of 1827, with seven days of January, 1828, 20 4-10 inches. In January, 1828, up till 7th, 3 2-10 inches rain have fallen-Rain every day except the first. with the dispute between the partics as it came before them on this motion, and that the charter should be granted. Judges Tod and Rogers dissented; and the court being thus divided, the question will probably stand until the appointment to the vacant seat on the bench shall be made, and the case be re-argued.—Pen. Gaz. EARLY SETTLEMENT. COL.LOVETACE'S ORDER FOR CUSTOMS AT THE HOARKILL. "Whereas I am given to understand, that all European goods imported at the Hoarkill, in Delaware Bay, did heretefore pay custom at the rate of £10 per cent. and all furrs and peltry exported from thence at the same rate, which turned to some advantage towards the support of government, upon mature advice and consideration had thereof, I have thought fit to renew the former custom; and do therefore hereby order and appoint captain Martin Prieger, who is a person well versed in the trade of those parts, and very well known there both to the Christians and Indians, to be receiver and collector of the customs at the Hoarkill, where by himself or his deputy, he is to receive 10 per cent. of all European goods imported there, whether coming from this place, New Castle in Delaware, or any other part; and ten per cent. also for all furrs or peltry, exported from thence, according to former custom and usage on that behalf; and all persons whatsoever trading thither, or from thence to any other place, are to take notice thereof, and to obey this my commission, under the penalty of confiscation of their goods if they shall presume to do otherwise, the said Capt. Prieger standing obliged to be answerable here, for all such customs as shall be received by himself or deputy there, of which he is to render unto me a due and exact account."-Smith's Hist. of N. J. p. 55. A.D. 1669. Governor of New York. THE LATE JUDGE DUNCAN. Few men have attained to as great an eminence in the profession of the law, as the late Judge DUNCAN. In the very maturity of his faculties, and with a full treasury of legal attainment, he was filling, with honor and usefulness, one of the most important offices in civil life, when by his sudden demise, the Commonwealth was called to lament the loss of an able and faithful Magistrate. It is our desire, briefly to notice the life and character of this distinguished man, and to offer a just and affectionate tribute to his memory. On the bench of the supreme court he was associated with the late chief justice Tilghman, and the present chief justice Gibson, until near the close of his judicial termitting labour, the duties of his arduous office. For career; and performed with untiring industry and unina few months before his death, it was evident to his friends, that his health was impaired, and that there was character. reason to apprehend the approach of a disease of 'a fatal He devoted himself, nevertheless, to the performance of his duties, and acomplished, with some On his way to Philadelphia, he was attacked at Lancasinterruption, his share of the business of the fall circuits. ter, by the disease which had for some time, threatened him, with so much violence, as to be unable to proceed on his journey; and after a few days illness, he expired members of his numerous and affectionate family. on the 16th of November, surrounded by most of the From those who were immediately conversant with the character of Mr. Duncan at the bar, we learn, that he was particularly distinguished by quickness and acuteness of discernment, promptness of decision, and accurate and practical knowledge of men and things; and a ready recourse to the rich stores of his own mind and memory. Without the possession of many of the natural requisites of oratory, he was a skilful, ardent and indeed eloquent advocate. He knew so well the springs and motives of human action, and was so intiheart, that he seldom failed to command the attention, mately conversant with the operations of the human and even the favour of those whom he addressed. In his legal arguments, he was always master of the learning of his cause, and in his addresses to the jury, he displayed a variety of talent seldom witnessed at the bar. In the conduct and management of a cause through all its stages, and particularly in the examination of witnesses, he was eminently skilful; and it was within the compass and reach of his powers, to amuse and conciliate by sallies of wit, to interest and persuade by appeals to the passions, to instruct by erudition and to convince by argument. The judicial character of this distinguished man will be always revered in Pennsylvania: It was founded upon an able and faithful performance of his duties. He was well instructed in the great principles of the law, and adhered to them with inflexible attachment. His mind The ancestors of Judge Duncan came to this country was peculiarly active and ardent; and yet he was accusfrom Scotland, at an early period, and his father was tomed to seek, by the most diligent and laborious research among the first settlers at Carlisle, in Pennsylvania. This for the safest lights to guide to a sound conclusion. His was the place of his birth and of his residence until he great experience and observation enabled him to see was appointed to the bench. He was educated in his quickly and almost intuitively into the business and mernative town, under the immediate care and direction of its of the cause; yet his investigations were patient; but Dr. Ramsay, the historian; and after the completion of when they were completed, his opinions were given with his academic course he studied the law under the late directness and decision. During the ten years that he Judge Yeates, at Lancaster, and was admitted to the bar sat upon the bench, he contributed largely to the stock in the summer of 1781. Nature had given him peculiar of judicial opinion; and he has left behind him in the talents for the profession which he had chosen; and he volumes of our Reports, memorials of his industry, learndevoted himself with uncommon ardor to the acquisitioning and talents, which will be imperishable. of that knowledge which he knew was indispensable to the attainment of eminence and success. His rise was rapid, and in less than ten years from his admission to the bar, he was at the head of the profession in the midland counties of the state. He rode an extensive circuit, and although within that circuit there were a number of learned and able practitioners, yet his talents were in requisition for almost every important cause. For nearly thirty years did he sustain this eminence in the practice; and deservedly reaped the reward due to talents and learning faithfully applied to the service of his clients. Amidst as great a multiplicity and perplexity of vocation, as falls to the lot of any practitioner of the law, Mr. Duncan, whilst at the bar, did not omit to apply himself with assiduity to general professional study; and after his elevation to the bench, his devotion to legal science was entire. He bestowed much attention upon the peculiarities of our law; and it is known, that he prepared, with great care, a Treatise upon a case of peculiar interest and importance; the benefit of which, it is hoped, will yet be enjoyed by the profession and the public. The life of Mr. Duncan was literally devoted to his laborious profession, and the service of the state; but though thus devoted, he was eminently amiable and estimable in his domestic and social relations; and his memory will long remain in the affections of many friends. Judge Duncan survived his excellent friend and asso On the 14th of March, 1817, he was appointed by governor Snyder, to fill the vacancy in the bench of the supreme court, occasioned by the death of his former preceptor, Judge Yeates; and shortly after he removed with his family to Philadelphia, where he continued to reside until his death. His appointment to his high Ju-ciate chief justice Tilghman, but a few months: The dedicial station was creditable alike to him, and to the executive by whom it was made. It was a tribute paid to merit and fitness for office, without regard to differences of political sentiment. cease of these two eminent and able magistrates has been deeply lamented throughout the place; and their characters and services will long be gratefully remembered by the people of Pennsylvania.-Poulson, 1828.] EDUCATION. 77 EDUCATION. In the Senate of Pennsylvania, Jan. 18, 1828. be received for lands owned by the state are appropriated to that fund. The following report from the committee on Educa-priety of raising a fund for the support of common tion, was made by Mr. Kelley, the chairman, read and laid on the table: The committee on Education, to whom was referred an item of unfinished business of last session, relative to providing a fund for a general system of education, and to whom also were referred various petitions on the same subject, report: This has led your committee to reflect upon the pro schools, by setting apart for that purpose all moneys hereafter paid into the treasury for land. The amount due to the state for land, it appears, has been variously estimated from one to two millions of dollars. Suppose it to be one million and a half, it would amount to a larger sum than the New York fund, which, as we have seen before, has produced such wonderful results. If That the petitions on this subject are numerous, are the money, as it is paid into the treasury, shall be investfrom various parts of the state, and are signed by a large ed in some productive stock, and the interest thereon, number of very respectable citizens. The urgent re-invested in like manner, no great length of time will quests of so many of our constituents, and the intrinsic elapse, before the fund will amount to a large sum. The importance of the measure proposed, combine to press particular mode of its distribution, among the several it upon the serious attention of the legislature. The dif- counties and townships, can be better settled, when the fusion of education among the great body of the people fund shall have increased to such a sum as to render the is an object very near the hearts of the benevolent and distribution of its interest expedient. humane. It is conceded to be the most powerful means of furthering the cause of morality and religion; and its importance to a country possessing a republican form of government is universally admitted. To accomplish this great object, therefore, if within our means would seem, upon many and high considerations, to be the solemn duty of the government of this state. The question will naturally present itself, whether the state of our finances will admit of the substraction of that portion of our revenue derived from lands. Your committee has been informed, that as a means of meeting the ordinary expenditures of government, the receipts from lands are not much to be depended on. The amount is exceedingly fluctuating. The amount received durYour committee are well aware, that the system of ing the last year is pretty large-for some of the precedinternal improvement, in which the state is now embark-ing years it was small. It would, therefore, seem that ed, is so extensive, that any great disbursements from this source of revenue could be taken for a school fund the treasury for any other purpose are not now to be ex-with less inconvenience than either of the others. The pected. All that your committee can hope to see done at present, is to begin the accumulation of a fund which shall be solemnly pledged to this object. They hope that the annual additions to be made to this fund, and the interest thereon will in time carry the blessings of common schools into the most remote parts of the commonwealth. sist much in their construction. And the friends of the canal are of opinion, the canals themselves will be a source of revenue, before any considerable part of the money due for lands can be received into the treasury. It may not be here amiss to observe, that the money, due to the state for land, will probably be paid into the treasury more cheerfully and promptly, when the payers know that they are thereby laying up a rich inheritance for posterity, and opening the gates of knowledge and science to all their descendants in all time to come.. amount to be received during any year from the interest of our bank stock, from auction duties, from tavern licenses, &c. can be estimated with tolerable accuracy; while that to be received for land is wholly uncertain. Your committee can see no reasonable doubt, but that independent of the moneys due for land, the state has ample means of defraying the ordinary expenses of Your committee are no friends to a servile imitation of government.-And in respect to the canals now conthe institutions of our sister states; but they see no rea-structing, the money for lands comes in too slowly to asson why we should not adopt such of their laws and usages as are found to work well in practice, and which we, in the exercise of our judgment, approve. It is no objection to these, that they were not originally commenced here, if they are right and proper in themselves. By the report of the superintendant of common schools in the state of New York made to the Legislature in January, 1827, it appears that that state has a school fund amounting to $1,253,477. This fund, during the year 1826, yielded the nett income of $85,267. This amount of money was divided among the several townships upon the principle, that each township should contribute to the support of the schools an amount equal to that received from the school fund. This, it appears, was done by all the townships. With the money so raised, common schools were supported in the year 1826, in 8,114 school districts into which the state of New York is divided; and the average time of instruction in the schools was 8 months of that year, In these schools, during the year 1826, there were taught 431,601 children. The whole number of children in that state, between the years of 5 and 15, was that year 411,256. So it appears, that there were educated in these common schools in that year a number of children greater by 16,206 than the whole number of children in the state, who were between the ages of 5 and 15 years. This result your committee think is admirable. All the rising generation of a great community are instructed in the rudiments of learning. The doors of the common school houses are open to all without distinction, and the children of the rich and the poor meet there in the participation of a common benefit, upon terms of the most perfect equality. Such a system is above all praise and deserves imitation every where. Your committee are not informed of all the sources from which the government of New York have derived their common school fund, but they observe that in the new constitution of that state, all moneys thereafter to The constitution of the state, which we have severally sworn to support, enjoins upon us the duty of providing for the general education of the people: the voice of our fathers, therefore, from the times that are past, urges us forward to this measure, and gives incalculable force to the other many and weighty considerations which induce its adoption. PENITENTIARY SYSTEM. [The following letter was not intended for publication when it was written, but the value of the opinions which it contains induced a request, that the writer would permit this use to be made of it, to which he politely consented.] Dear Sir, I meant to have said, when we were interrupted to day, that the charge of cruelty is a very vague one. All punishment is an infliction of some sort, doing violence to the feelings of the culprit, and therefore producing pain. This is literally true even of the correction of children. Most punishments, too, are of a nature to endanger more or less the health of those who are subjected to them. Restraint merely-the least of all, may shock the constitution of a man accustomed to the free use of liberty. A change of diet, especially with those who have been in the habit of immoderate indulgence, may in like manner have a dangerous tendency. And so of many others. Every protracted punishment is in some degree liable to the objection last mentioned. Those which are short, the pillory, whipping post, and the gallows, are free from it. They do no more than they are intended to do. But they are not free from the imputation of cruelty. Confinement in jails, has, its peculiar evils. If they are crowded, there is danger to health, and even to life, as the frequent occurrence of fevers sufficiently proves; and they are certainly ruinous to the moral constitution of the patient. The representation of the convict, whose letter you have published, is undoubtedly true. If the prison be not crowded, still as long as there is association, there will be an accumulation of corrupting and corruptible materials, and consequently an increase of corruption. Our prisons are schools of vice, where a most finished education is obtained, if we may call by that name the maturing our worst propensities by a stimulating culture. but without injury to the health or morals of the patient, there is nothing in the objection. Punishment ought to be severe, if it is meant to operate at all. People are not sent to prison, to enjoy there the comforts and luxuries of life. It may be replied, further, that admitting it to be severe, or even very severe, before it can on that account be condemned, it must be compared with any other practicable mode of punishment, and a fair comparison made of the cruelty (so called) of each. And in making this comparison, we must take into the account, the general merits of the respective plans as they tend more or less to the welfare of society, and of the unhappy subject of punishment. If there is a well grounded hope of lessening the quantity of crime and thus promoting the general happiness and security of society, and if there is also a hope of reforming the criminal, or even deterring him from a repetition of crime, these are powerful considerations to be placed in the scale against specific objections of severity. Nor, in this estimate, must we forget, that this plan of solitary confinement These things are cruel, in a certain sense. The has one peculiar and great recommendation which no greatest cruelty of all, is that which exposes the one can question. It will prevent prisoners from injurprisoner to the danger of infectious communication ing each other by vicious instruction, a most cruel thing, calculated to destroy all remnant of moral principle. it must be admitted, as it relates to those who are exposIt makes him a candidate for further and greater punish-ed to such a noviciate, and as it relates to society in ment, and, as it were, prepares his neck for the rope. general. Cruelty, in my opinion, is properly imputable only to unnecessary infliction of pain or suffering. If a man were placed in a hospital to cure him of habits of intemperance, he would be likely to suffer much pain if liquor were not allowed to him; and yet, no one would affirm that there was cruelty in withholding it. Supposing punishments not to be merely vindictive, they must operate by terror, by reform, or by disabling the culprit to repeat his misconduct. The only effectual mode of accomplishing the last of these purposes, is perpetual imprisonment or death. In graduating the scale of penalties, these are very rightly reserved for extreme cases. We may therefore dismiss them from our consideration. To operate by terror, where there is no reform, you must employ as much cruelty as will counterbalance the influence of temptation upon a mind predisposed to crime. What this may be, I believe no one yet knows, for certainly our prisons have not been able to inspire their inmates with salutary fear. On the contrary, it would seem, that when a culprit has once been in jail, the jail becomes thenceforward his home, from which he is only occasionally absent during the rest of his life. To work a reform, as has already been intimated, our present system is proved to be inadequate. It is worse. The offender becomes hardened by its operation. It is therefore, inefficient in both points of view. Ought we not then to try the plan of solitary confinement? The objection to it is, that its severity would be tolerable. As it has never been fairly tested by experiment, this objection must, for the present be somewhat conjectural. There may be individuals who will not be able to endure continued solitude for a considerable length of time. In such cases, some modification in their favour may be necessary. Experience will show to what extent this ought to be made. That there are any to whom solitary confinement, even for a short time, would be fatal, or even highly injurious, may well be doubted, for we have had frequent instances of its infliction without such effects. I intended to write a sentence or two, and I have got upon the second sheet without saying a word that is new to you, who have so well considered the whole subject. It gives me an opportunity, however, to say, that I earnestly hope the experiment will be made, and also to assure you of my respect and regard. Yours, very truly, ROBERTS VAUX, Esq. JOHN SERGEANT. MARINE BARRACKS, Philadelphia, Jan. 8th, 1828. Dear Sir, I have the pleasure to acknowledge the receipt of your favour of the 5th instant, requesting my "opinion of the effects of solitary confinement, in preference to the lash, or any modes of punishment which have been adopted by the marine, or land service of the United States." In reply, I shall confine myself to such facts and observations, as have come within my knowledge in the course of public duty. During a period of several years in which I was in service previous to the repeal of the law of congress, authorizing punishment by stripes and lashes, it became my duty as an executive staff officer, to carry into effect all sentences of courts martial at head-quarters. In the painful discharge of this duty, I could not fail to observe the good, or bad effects of this degrading, and I was about to add, inhuman system. The result of such obin-servations during four successive years, was, that in the numerous instances which came under my notice, I can recollect but one, in which a reformation was effected solely by the lash. During the period above alluded to, the corps of marines was commanded by a native of this state, who was as distinguished for all the essential quali ties of a gentlemen, as he was for humanity and active benevolence. His duty often called upon him to sanction the proceedings of courts martial, inflicting punishment by the lash, which his better feelings revolted at. Finding that he could not, consistently with the respect that was due to the opinion of many of his officers, remit the sentences legally awarded, he converted one of the rooms in barracks into six cells, or places of solitary confinement, and thus, in all cases, in which he was authorized to act without the intervention of a court, substituted a confinement to these apartments, for the lash. His humane efforts were crowned with the happiest effects, and procured for him the spontaneous and grateful epithet of the "soldier's friend." During this period, and until the repeal of this degrading law, I can bear testimony in numerous instances, of the most complete reformation resulting from solitary confinement; and this Without, therefore, undertaking to decide how far it will be effectual for the purpose of reform, I think the experiment ought to be made. It may fail, but it has not yet failed, and if it should succeed it will do infinite good. If not, we are at least in the way of our duty in making it, and it will be time enough to abandon the effort, when it has been tried, and found wanting. To return, however, to the charge of cruelty, with which it has been stigmatized in advance, and therefore gratuitously. It may be replied, in the first place, that if it be only meant that the punishment will be severe, |