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1828.]

PENITENTIARY SYSTEM.

79

ISRAEL DEACON, Princ. Keeper Penitentiary.
ABIJAH PRICE, Assistant Keeper
JACOB HOLLAWAY, do

too, when the lash, and every other mode practised in The subscribers, who for many years have been enservice had failed. Subsequently to the repeal of the gaged in superintending the convicts in the penitentiary, law, the various modes of punishment consisted in hard and also the untried prisoners, vagrants, and others, comlabour with ball and chain, curtailment of pay, stoppage mitted to the common jail of the city and county of Phiof liquor, and solitary confinement to the cells on bread ladelphia, feel no hesitation in declaring their opinion, and water. In noticing the operation of the respective that any association of criminals is inefficacious as a punmodes of punishment on the prisoners, I readily disco-ishment, and unavailing as a preventive of crime. They vered the superiority of solitary confinement, over all fully believe, that separate confinement will accomplish others. The prisoners viewed it as a very severe punish- the best results for the criminal, and for society; and ment, but without that degradation which invariably fol- they further declare, that of the numerous instances of lowed the lash. A system so congenial to the better imprisonment of refractory convicts in the cells, they feeling of our nature, and resulting in the reformation of know of no instance of mental derangement produced men, for whose good conduct and practical usefulness, thereby, though in some cases, such inprisonment has we were in a measure responsible, could not fail to excite continued for a long time. a determination in the minds of those who had the true interests of the service at heart, to practice it in all admissible cases. I have done so; and during the periods I have held distinct commands, my conviction of its superiority over all other systems hitherto practised, is such, that if the lash were again authorized in our service, I would, so far as it depended on myself, avoid it as the most impolitic and pernicious system ever resorted to for the government and reformation of rational beings. That solitary confinement is dreaded by some, even more than the lash, is an evidence in favour of its adoption. Of this I have had abundant evidence. Men who have been ordered to the cells for six or eight days for minor offences have solicited that the punishment might be commuted to a dozen lashes! It is true such men had generally been attached to sea service, where the lash is the usual mode of punishment.

Humanity and kindness are essential qualities in a good disciplinarian, and mainly contribute to the due enforcement of every specific punishment. I have witnessed the happiest effects of kind treatment to those in solitary confinement. It has called forth the warmest effusions of gratitude, which continued to be manifested after their release, by the most cheerful and prompt attention to duty. Greater attention has been paid to those suffering under the effects of the lash, because it was necessary, but the same results could never be produced. They were sensible of kindness for the moment, but disgrace had destroyed their pride, damped their spirits, and generated habits of dissipation, from which they rarely recovered. The moral and physical advantages resulting from a course of treatment which induces men to execute with cheerfulness whatever they are required to do, must be apparent to all, who have witnessed them labouring with, or without a willing heart. And that system of punishment which is most dreaded by the perpetrators of crime, which carries with it the least disgrace, and presents the fewest impediments to a cheerful discharge of duties, or restoration to society, reason and common sense would seem to sanction as the best. From witnessing the effects of the various modes of punishment, the conviction on my mind is, that one of the surest methods to reclaim men from vice and bad habits, is so to temper the punishment that they shall not wholly lose that self-respect, which is essential to the recovery and maintenance of a good character.

It is true, my ́experience has been derived, almost exclusively, from the government of men in military life; but I can see no valid reason, why a system calculated to restrain and punish men under military law, should not, cateris paribus, be equally as operative under the civil. If these brief and imperfect remarks shall contribute in the smallest degree, to establish in this state, a system of solitary confinement, in preference to the barbarous and degrading use of the lash, I shall feel pleasure in having cast in my mite, to the accomplishment of so important an object.

With great respect and esteem, I am,
Dear Sir, your obedient servant,
SAM'L. MILLER.

ROBERTS VAUX, Esq.

J. BERKHART,

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CHRIS'R ARMSTRONG, do

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WM. HELLINGS,

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ANTHONY FREED,

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A call at the Union Canal Office, has furnished the following particulars, relative to the planking of the summit level of that canal.

The decision to plank was made on the 13th July last, The first load of lumber for the planking was delivered on the first of August; the contracts were let on the fourth, and the work actually commenced on the sixth of that month, and finished on the twentieth of December, being a period of 136 days, Sundays included.

The surface planked is about 32 feet in breadth, including bottom and sides, and 6 miles in length. The quantity of timber used was 322,000 feet running measure, and of boards and plank 1,712,638 feet.

The accomplishment of this formidable work in the short space of time above mentioned, and without any previous preparation, is considered by competent jndges as a most extraordinary feat; the credit of which is mainly due to Mr. William Lehman, the company's principal superintendant.-Penn. Gaz.

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The Weather.-It has been unusually wet, without any snow and very little frost; more rain has failen within the last three months than we have ever seen in the same length of time. The Ohio river has been over its lowest banks, we believe, as much as four times this winter; and the late rains raised it higher than it has been this ten or twelve years.-The freshets in Big and Little Beaver creeks did considerable damage-several mill dams swept away, and it is said that Hamilton's mill on the West Branch of Little Beaver, is entirely carried off.

High Water.-During the last freshet, the Susquehanna river had risen 13 feet 3 inches above ordinary low water mark, at Harrisburg.

Should the numbers of the Register not be regularly received by any subscriber, we will, upon being informed thereof, endeavour to prevent any future failure, and supply deficiencies,

1828.

JANUARY.

METEOROLOGICAL REGISTER, KEPT BY THOMAS SMITH, LABYRINTH GARDEN.

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6N. W. N. W. N. E. Frost--Cloudy
8N. E. N. E. N. E. Cloudy
9S. W. S. W. S. W. cloudy
0s. w. s. w. S. W. cloudy
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4 S. W. S. W. E. Clear
8S. E. E.byN. N. E. Cloudy
8N. W. N. W. N. W. Clear
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20 75 20 75 20 75 N. E. N. E. N. E. Cloudy
20 50 20 60 20 60 S. W. N. W. N. W. Clear
30 40 30 40 30 40 N. W.N. W.N. W. Clear
30 40 N. W.N. W. N. W. Clear

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20 90s; w.ls. W. S. W. Cloudy

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Frost.--Ice first brought from Schuylkill by Moliere 3 inches thick-transparent.

REMARKS.

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Highest 3d & 4th
Lowest 21

Range

Lowest 26th
Variation

58. Highest 5th

THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. I.

EDITED BY SAMUEL HAZARD, NO. 51, FILBERT STREET.
PHILADELPHIA, FEBRUARY 9, 1828.

NO. 6.

TO EDITORS OF NEWSPAPERS THROUGHOUT nous as not to admit of insertion in the papers through

THE STATE.

out the state generally, but are worthy of preservation; and will no doubt be referred to with interest hereafter, to exhibit the gradual progress of this important undertaking.

SERIES I.

LETTERS TO AND FROM ENGINEERS.

In return for our first number, we have received one number of many of the papers, in different parts of the State; and have to express our acknowledgements for the very favorable notice, which their editors have been pleased to take of the Register. It would be gratifying to us to be able to exchange with the editor of each pa1. Copy of a Letter to Messrs. Strickland & Roberts. per in the state-although in a publication, upon the plan which we have adopted, the papers from the inteHarrisburg, May 2, 1827. rior, cannot be as useful to us as to the editors of newspa- compensation to be allowed in future to engineers in the Sir,-A recent act of the legislature has limited the pers generally.-Still we would wish to maintain a friend-service of the canal commissioners, and has made other ly intercourse with them all. But as the price of most provisions to which the original terms of your engageof the papers is two dollars per annum, while that of the ment must necessarily yield. Register is five, the tax upon us would be too considerable; we, therefore, in order to accommodate as much as possible such editors as may be pleased to exchange with us, upon terms which appear to us to be reasonable: make the proposition to receive their papers, upon the difference between the prices of their respective papers and ours being paid to us—or what we will consider an equivalent, the obtaining three respectable subscribers for the Register, by the editor of a paper, the price of which is two dollars per annum; or in like proportion for a higher or lower price. Those who accede to these terms, will please, on receipt of the present number, to acknowledge it on the first paper they may forward to us thereafter, and also state what numbers of the Register have been received, and the rest will be forwarded.

the operation of this act upon the amount of your salary I am directed to state, as the opinion of the board, that will commence on the first day of June next, and that its provisions, as to the payment of contingent and personal expenses, took effect the moment of its passage. It is and to give you an opportunity of stating any different deemed but justice to apprise you of this construction, views which you may entertain of the nature and force of the contract already subsisting. I am further directed to inform you, that by a resolution of the board, passed the terms and conditions of the act of the 16th of April this day, you have been re-appointed an engineer, upon 1827. Such appointment to take effect from and after the first of June next. To avoid misapprehension, lowed a salary of $2000 a year, payable quarterly. You those terms are now distinctly stated. You will be alwill "receive no pay or compensation for any time dur ing which you shall not be actually employed." No allowance can be made beyond your salary "for personal, contingent, or other expenses, under any name whatIt is also provided by law, that you "shall not absent yourself from attending personally to the operations on the canal under your direction, except in case of sickness or necessity."

ever."

your services may be secured to the commonwealth, and
The board are exceedingly anxious that the benefit of
they sincerely hope, that the change of terms will not
prevent your continuance in their employment. An early
answer to this communication is particularly requested.
Very respectfully; your obedient servant,
Signed.
JOS. M'ILVAINE.
William Strickland, Esq. Engineer.

2. Copy of a Letter to Messrs. Geddes, Douglass & Guilford.
Harrrisburg, May 2. 1827.

PENNSYLVANIA CANAL DOCUMENTS. Having received from Harrisburg the documents accompanying the report of the canal commissioners, we this week commence their publication, believing they well merit the room which they will occupy-as they form the basis of the report, and exhibit all the estimates and reasonings from which the commissioners were enabled to decide upon the most eligible routes for the canal. The documents are arranged in different series, each series embracing all the documents relating to a particular division of the canal. It is our intention to print, as far as our limits will permit, one or more entire series weekly, until we shall have presented this whole mass of information before our readers. We presume no matter can be more interesting to the citizens of this state, than official and detailed intelligence respecting this great work; which, when completed, will reflect so much credit on the state, and add so much to its resour-of the legislature has so defined those terms as to leave ces. In their present form, we presume, the documents the board no discretionary power, that they be distinctly will be seen by few persons-and they are so volumi- stated at this stage of the business.

Sir, I am directed to inform you that the canal com missioners of Pennsylvania have this day appointed you a chief engineer in the service of the commonwealth. of the duty marked out for each.) They purpose to assign you, (here follows a description

The board sincerely hope that the terms they are authorised to offer, will prove satisfactory, and that you will be able to enter at once upon the duties of the station. It is deemed advisable, however, as a recent act

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Your salary will be $2000 a year, payable quarterly; and it is expressly provided by law, that you shall not "receive any pay or compensation for any time during which you shall not be actually employed," and that no allowance be made beyond that sum for personal, contingent or other expenses, under any name whatever. I have to request that you will signify your acceptance of this appointment as early as possible.

5. Copy of answer from D. B. Douglass.

Harrisburg, 2d May, 1827 Dear Sir-I have to acknowledge the receipt of your letter of this date, communicating on the part of the board of canal commissioners, the fact of their having conferred upon me the appointment of chief engineer, in the service of this commonwealth; and assigning to me as such, the construction of the French creek feeder, and the survey of the several routes from the Allegheny JOS. MILVAINE, Sec'ry. to Lake Erie, &c. &c.

Very respectfully, your obedient servant,

3. Copy of answer from W. Strickland.

Harrisburg, May 2, 1827. Sir,-The engagements of my business, which the claims of an increasing and dependant family do not permit me to renounce, are such as to make it impossible for me to devote myself exclusively to the duties of engineer under the board; and as I understand by the law recently passed, the terms of which are communicated in your letter of to-day, the engineers in the service of the state, are required to be in constant attendance on the line of canal, I am compelled to tender my resignation of the situation which I have so far had the honour to hold.

I am sure it is unnecessary, though I trust it will not be deemed improper for me to say, that I yield to the necessity of this step, with painful reluctance. Feeling as a native and a citizen of Pennsylvania, a proper degree of pride in the stupendous work which is now begun under the auspices of the board, it was for me an object of peculiar interest, as an engineer, to assist, with however humble capacity, in its progress to completion. I withdraw myself, therefore, from this employment, with the strongest and most unaffected regret.

I beg leave to add, that if by occasional visits of inspection and advice to the division heretofore under my more immediate charge, I can in the opinion of the board at all promote its rapid and proper execution, I shall hold myself pledged to obey their wishes. Of course, all such service on my part, will be without further charge to the state, than the amount of my absolute expenditures while so engaged.

I have the honor to be,
Most respectfully, Sir,

Your very obedient servant,
WILLIAM STRICKLAND.

To Joseph MIlvain, Esq.
Secretary of the board of canal commissioners.

4. Copy of answer from N. S. Roberts.

Harrisburg, May 2d, 1827. Sir-Yours of this date, informing me of the opinion of the board upon the late act of the legislature concerning the engagements between myself and the board of canal commissioners, I have duly considered, and have made up my mind upon the subject. I cannot enter into any certain engagement on the terms therein mentioned, after said law takes full effect. But as the canal commissioners have treated me in all respects, fairly and honourably, I hope I shall not be wanting in respect to them. I will therefore state, that if it is their request, I will continue in the service until arrangements can be made on the line where I have charge, and give all the information in my power, to any successor who may be appointed. I should not like to continue longer than the middle of July, when I must be at liberty to visit family, which I ve done but once since I came to this

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With considerations of respect,
Your friend and obedient servant,
Signed,
NATHAN S. ROBERTS,
Engineer western section Pennsylvania canal.
Joseph M'Ilyain, Esq.

Secretary of the board of canal commissioners.

In reply to this communication I have only to observe, that although I feel a deep interest in the service of the commonwealth, and would very cheerfully contribute any means in my power, to promote the system of internal improvement, recently adopted; I am constrained in the present instance, by the conditions necessarily annexed to the employment, and which appear to me incompatible with the nature and degree of the responsibility, to decline it.

I embrace this opportunity of expressing my thanks to the board, for their kindness on this, as on many other occasions, and of renewing the assurances of esteem and regard with which

I remain, very sincerely
and truly, yours,

Signed,
Joseph M'Ilvaine, Esq.

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D. B. DOUGLASS.

6. Copy of answer from James Geddes. Harrisburg, May 2d, 1827. Gentlemen-In answer to your note of this day, I have into in March last, between the Secretary of your board to observe that there is an existing contract entered and myself, according to which, I am to serve the state of Pennsylvania, on the same terms throughout the season that were agreed on between us last year. But that the c mmissioners may be enabled to pursue the very spirit of the law of April 16th, 1827, I waive my right to continue through the season.

Very respectfully, I am Gentlemen,
your most obedient servant,

Signed,

The board of the Pennsylvania
canal commissioners.

JAMES GEDDES.

7. Copy of answer from S. Guilford.

Lebanon, May 2d, 1827. Sir-I have this day received your letter, informing me that the canal commissioners of Pennsylvania had appointed me a chief engineer in the service of the commonwealth, proposing to assign me the location, and construction of the canal, authorised to be constructed along the valley of the Delaware. The salary being $2,000 a year, as authorised by law, I accept the appointment, and will enter upon the duties of the station, on or before the first day of June. Very respectfully,

Signed,
Joseph M'Ilvain, Esq.

Your ob't servant,

SIMON GUILFORD.

Sec. Penn. canal commissioners.

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CANAL DOCUMENTS.

extend the location upon the upper level, as adopted by yourselves and approved by the governor, through the o city, upon such line as you may think best, into the Mothe nongahela river:--This extension to be expressly predicated upon the condition, that the amount of damages and the cost of extinguishing private rights shall not exceed a certain sum, to be limited by yourselves.

Upon the principle of this proposition we believe our citizens to be very unanimous, and it removes the most prominent difficulty in regard to the continuation of the canal; and as it places the amount of damages within your own control, it also removes one of the causes which induced a reference of this subject to the legislature. With respect, gentlemen,

(Signed,)

Your obedient and very humble servants,

WM. WILKINS,
WALTER FORWARD,
JAMES RIDDLE,
HENRY BALDWIN.

To the Canal Commissioners of Pennsylvania.

2. Resolutions of the Board, February 1827. Resolved, That the board will continue the western division of the Pennsylvania canal, through the city of Pittsburg, either by a route from Washington street, between Penn and Liberty streets, to the Monongahela, or by a route from the city line round the point of Grant's hill, and along the east side of Smithfield street to the Monongahela, near the bridge: Provided, the damages to be paid for property on the former route, do not exceed ten thousand dollars, or those on the latter, five

hundred dollars.

Resolved, That the engineer for that division be instructed to ascertain and report to the board at their next meeting, the relative expense of erecting an aqueduct over the Allegheny at Pine creek, at or near Hare's Island, and at Washington street; and to furnish at the same time an estimate for a continuation of the canal from Pine creek on the west side, to the aqueduct scites at Hare's Island, and Washington street, respectively. Resolved, That if before the next meeting of the board, satisfactory assurance shall be given that the liability of the commonwealth for damages on either or both of these routes, shall not exceed the sum or sums assigned to them respectively, the board will proceed to erect an aqueduct across the Allegheny river, at such points as on the report of the engineer may be preferred, and to continue the canal from the east end of such aqueduct to the Monongahela, by one of the routes above described.

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That every facility may be afforded to the parties in-
terested, and full effect given to the intentions of the
board, you are requested as soon as possible, to lay off
on the ground the designated routes through the city.
It is yet uncertain which of three points may be selected
for the construction of an aqueduct, and which of two
routes from the city line to the Monongahela, may be
prefered. You will be careful, therefore, to run all lines
within the city which can be occupied by the canal, in
any event contemplated by the enclosed resolutions.
Having done this, you will prepare a draft of the several
lines, and will designate as accurately as possible, the
property through which they pass; the quantity required
for public use; the buildings necessarily destroyed or
mutilated; the probable expense of each line exclusive
of injury to private property, and any other particulars
which may occur to you. You will furnish a copy of!

83

such draft and specification as soon as prepared, to the mayor of the city, for the use of the corporation and of the citizens generally, retaining the original, for the information of the board.

The board are anxious, that the painful questions yet pending on the western division, may be finally disposed of at their next meeting. For the materials on which to found a correct decision, they rely with great confidence upon your industry and skill. You will make the several examinations near Hare's Island and Washington street, and upon the ground between Pine creek and those points, at such times as not to interfere with your other arrangements; taking care, however, to be ready with a report and estimates by the first of May.

A copy of these instructions and of the resolutions enclosed, will be forwarded to the mayor of Pittsburg. You are requested to give him notice of the commencement of your locations within the city, and to afford all persons interested an opportunity of being present, if they desire it.

Very respectfully, your friend and servant,
(Signed;)

JOS. MILVAINE
Sec'ry canal commiss❜rs.

4. Resolutions of the Councils of Pittsburg.

At a meeting of the select and common councils of the city of Pittsburg. held on the 25th day of April 1827, the following preamble and resolutions were adopted:

Whereas the select and common councils of the city of Pittsburg, being fully convinced, that the passage of the canal to the river Monongahela, by either Liberty or Smithfield street routes, will be attended with very serious expense from the injury to private property and heavy consequent damages, which will render them impracticable within the limits prescribed by the board of canal commissioners; also, that great public inconvenience will be experienced by crossing the various streets and alleys. Being also convinced, that by adopting the route to the Monongahela at Suke's run, either by a tunnel or open cut across Grant's hill, the inconveniences will be avoided and the interest of the city greatly promoted.

Be it therefore resolved by the select and common councils, That the board of canal commissioners be respectfully but carnestly requested to adopt the latter route; and in that event the faith and funds of the city be pledged, that the expense of making the canal, tunnel and bridges, according to the report of the engineers, including damages to private property as well as all other attendant expenses, shall not exceed the sum estimated by the engineer, as the cost of the Liberty street and Penn street route with the addition of the ten thousand dollars for damages to private property, allowed by the board, in their resolution of February last.

And be it further resolved, That the mayor and the presidents of the select and common councils, be and are hereby authorised and empowered, on behalf of this city, to make, enter into and execute such contracts, agreements and engagements, with the board of canal commissioners, in manner, and form as shall be by them directed, for carrying into effect the foregoing resolution in good faith, according to its intent and meaning; and that such contracts, engagements and agreements, shall be and are hereby declared to be binding and obligatory on the city, to all intents and purposes.

And be it further resolved, That the mayor of the city be instructed to communicate to the president of the board of canal commissioners, a cof these resolutions under the seal of the city.

In common council read, conside and adopted.
E. G. ROERTS,

Clerk common council.
Read and adopted in select council, April 25, 1827.
SAMUEL H. SCOTT,
Clerk select council.

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