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self more in the management of a small farm, and a nur them. Then will our forests soon "blossom as the rose,"* sery of fruit trees, was a sincere and steady friend to our waste lands become populated, our strength inour family.

creased, our hardy and enterprising sons kept at home, 'The census of the Borough of Bristol,in 1810, gives and allowed to labour and prosper under our own vine the number of inhabitants 628, and that of 1820, 908. and fig tree-the condition and resources of our own

state improved, her wealth increased, and her character UNSETTLED LANDS.

respected.”

Am. Daily Adv. We think the public atttention should be called to the subject of the lands in this state which remain in a

TIIE WEATHER. state of nature, while those of other states are rapidly of the country to the north and east.

The winter, so far, has been very severe in all parts settling; and for this purpose we copy the following re- weather has continued cold for much longer periods

In this city, the marks.

than in many former seasons, and although we have had Extract of a letter dated

but little snow,yet the ice which has accumulated in our ERIE, January 15, 1830.

streets is very considerable. Dear Sir:- Why do not our eastern landholders

The climate of America generally, and of the neighafford greater encouragement to settlers? The answer borhood of the latitude of this place in particular, is will show why it is that so large a portion of the hardy peculiar for its sudden changes.' It is, perhaps, in this yeomanry of their native state, and of the more eastern respect, more detrimental to health, than the climate states emigrate to the west. I had no idea, until per- of Europe. We have sometimes winter, spring, summer sonal observation proved the fact, that so large a terri- and autumn, all in one day, and these transitions come tory within the boundaries of our own state, remained so suddenly upon us, that we cannot always be preparunpeopled. Thousands of acres of land, susceptible of ed for them. cultivation, and some of it of the first quality, well watered and abounding with the choicest timber, upon mild, and many people entertain the idea, that the sea

Some of the past winters in this city bave been very the waters of the Susquehanna and Allegheny, and their tributaries, lie as nature formed it, unfashioned by the weather, during the winter months, less severe.

sons are gradually becoming more settled, and the

The hand of the husbandman, 'born, it would seem, to blush severity of the winters has ever been fluctuating, and unseen,' and to remain forever the baunts of

no doubt ever will continue so. Willam Penn states “Beasts of prey,

that 1681, the winter was very mild, scarcely any ice “Or men more fierce and wild than they." was formed, yet the next season was intensely cold.Jefferson County embraces about one thousand three Dr. Collin has stated, on the authority of the Swedish hundred squure miles, and her whole population may be records, that in February, 1714, the flowers were seen in supported from the products of one thousand acres of the woods near this city. well cultivated land! What a vast disproportion! And

In the winter of 1704, snow fell one yard deep; in yet, in this county, public buildings will soon be erect- 1739-40, the Delaware was frozen over until the 15th ed and a seat of justice established.

of March, and in the same season the cold was instense This will induce some to remove within the borders all over Europe. On the night of December 31, 1764, and to make partial settlements. Stronger inducements, the river froze over in a single night, owing to a heavy however, are necessary. I would say tinis: Let the citi- fall of snow. The same circumstance happened on the zens of Philadelphia and others who own large bodies of 7th of January, 1792, and also on the 6th of December, these wild lands, have a few thousand acres surveyed in 1797. In the winter of 1779.80 the delaware continued to tracts of two or three hundred acres each, and offer frozen for more than three months; an ox was roasted them to settlers for nothing, with this condition, howev- on the ice. In the same season, the British arıny passed er, that the said settlers improve and cultivate them.-over from New York to Powles' Hook on the ice; the It is easily demonstrated that this plan would result to ground was frozen five feet deep.February 6th 1688,the the advantage of the landholder as of the settler. Who thermometer stood 3 degrees below zero. This, howis there that would not prefer giving five dollars per a- ever, is not as cold as it has been been in Boston the cre for land in the neighborhood of a settlement, rather present season, 1830.—where it has stood five degrees than give three dollars, two dollars, or one dollar per

below zero. In 1790, the river, after opening and acre for lands in the midst of a wilderness twenty miles shutting several times, closed on the 18th of December distant from the abode of human beings! Why is it and remained so until the 18th of January, 1791. The that an individual is willing to give a lot of ground up- preceding season was uncommonly mild-boys bathed on which to erect a court-house, or other public build in the river on the 2d of Jan. 1790. In February 1791, ings? Because, his contiguous property is enhanced the thermometer stood at five degrees below zero. thereby in value to a greater amount than the price of

The winter of 1801-2 was milder than any season the lot. But the landholder asks two or three dollars since 1790; no snow fell before Feb. 22, and no obstrucper acre for his wild lands, and some have been impru- tion too place in the navigation, except for a very dent enough to give it or agree to give it. What has short time. Shaŭ were in the market on the 17th of been the consequence?

Feb. 1802. The enterprising purchaser settles down in the woods The Autumn of 1805 was so mild that farmers plough with a young family, and, placed in a situation where ed their lands untill near Christmas; the following Jan. he must either work or starve, toils and s!rives, labours uary was, however, intensely cold. In the succeeding and tugs with the world until the vigor of youth is wast- year no cold weather occurred until February, when it ed, his substance exhausted, a few acres cleared, reared became exceedingly severe all over the continent. In a large family, and then in his old days visited by the 1810 after a moderate commencement of winter, the sheriff, and the hard earnings of twenty year's labour of weather became extremely cold on the 19th of Feb. himself and family, sold to pay the original purchase mo- ruary, the mercury at 8 o'clock, A.M. stood at 7 de. ney: This is no fiction. Such things have been, and grees above zero.-1

:-Fireman. are in my opinion no less cruel and oppressive to the un. fortunate purchaser, than disgraceful and inhuman on

WEATHER. the part of the landholder. Then I say, let our wealthy The wcather, for the last several days has been warm landholders, many of whom I know to be humane and and sultry, with light showers of rain; on Sunday 21st,inst. honorable, cut up a given quantity of their waste lands the ice broke up in the Delaware, but which continued into smaller tracts, and give the title in fee to compa- in a floating state for several days; the navigation now nies upon condition that they settle upon and improve remains clear for commerce.

“EXPENSES OF GOVERNMENT" OF THE STATE OF PENNSYLVANIA-FROM 1791 TO 1829.

(FEBRUARY

LEGISLATIVE DEPARTMENT.

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YEAR.

EXECUTIVE,

TREASURY DEPARTMENTI LAND DEPARTMENT.

Contingent Warden of
JUDICIARY. State Accountant Sec'try. of Surveyor Expenses. the Port.

Treasurer. Comp. Reg. Land Office. Gen. Office.

House of
Representaty.

Total.

Senate.

Total.

11,233 66

9,277 29
13,196 43
15,665 62
15,777 88
15,818 28
17,947 51
17,482 54
19,586 24
14,656 86
15,316 97
18,053 85
15,302 86

31,877 17
23,921 39
37,723 13
45,990 96
41,239 73
39,554 60
38,302 63
42,684 45
43,870 45
38,236 50
36,261 52
47,661 36
42,972 49

43,110 83
33,198 68
50,919 56
61,656 58
57,017 61
55,372 88
56,150 94
60,166 99
63,256 69
52,893 36
51,578 49
65,715 21
58,275 35

5,847 19
7,239 89
8,999 94
11,470 42

9,766 64
12,441 91
10,933 32
12,033 32
12,033 22
11,363 32
10,706 19
11,174 92
11,300 98

5,791 25
20,437 01
23,168 94
29,002 24
29,165 21
29,717 69
S3,128 89
33,317 18
33,481 22
33,286 61
30,739 43
36,541 85
36,856 80

4311 66
7238 13
2800 00
3601 57
2800 00
2160 00
3746 66
2453 31
2399 96
2399 96
2399 96
2399 96
2399 96

733 33 1613 45
2066 60 3744 43
10472 87 4400 00
5168 52 4297 22
6191 65 6898 08
8816 08 5768 49
8432 27 7790 69
7735 27 7446 64
7651 08 8142 90
7524 93 7238 55
6807 22 6223 46
6384 27

6059 98
6974 94 6396 32

7569 34
1190 55 4394 03
2750 00 5610 64
1811 11 6935 95
1315 25 10060 41
5565 72 10962 61
4650 70 *35391 74
4113 75 22564 50
4182 87 9876 72
3285 23 6663 61
3533 32 7079 64
3427 78 9272 67
3783 34 22027 12

68,977 05
867 45 80,376 78
1039 96 110,161 47
2090 72 126,034 32
1133 30 124,348 15
1143 32 131,888 70
1367 83 | 161,092 23
1545 00 | 151,395 96
1506 67 142,561 43
1532 11 / 126,207 77
1511 18 | 120,578 89
1508 18 142,484 23
1394 71 149,409 52

EXPENSES OF GOVERNMENT OF PENNSYLVANIA.

1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829

14,120 65 14,531 93 17,169 90 16,111 96 18,204 38 16,382 78 18,639 37 19,394 96 18,915 84 22,614 17 20,505 44 21,27) 22 23,306 74 23,505 06 24,405 42 24,033 74 21,813 68 20,757 41 21,837 65 23,814 29 23,509 18 27,475 27 28,218 96 31,361 83 34,277 85

44,256 11 40,913 58 45,798 28 44,156 82 48,611 37 44,263 55 49,171 85 49,327 36 47,078 48 57,098 47 50,367 88 58,127 58 60,662 40 61,381 52 65,924 70 64,523 05 54,357 49 50,406 57 52,987 96 53,437 09 59,962 93 57,381 39 66,025 47 66,906 90 72,759 25

58,376 76 11,670 28 36,275 53 3032 31 7019 82 6299 97 3583 32 8111 42 1123 30 135,492 71
55,443 51 11,443 20 42,152 05 2771 87 7251 07 7099 97 3983 29 10383 38 1060 63 140,530 34
62,968 18 11,544 76 44,052 09 3158 25 7328 38 7897 67 4014 80 11852 46

152,816 59
60,268 78
11,004 08

45,233 17 2926 00 7114 89 8332 62 4565 41 19184 17 1163 27 159,792 39
66,815 75
11,142 20 42,519 89 4278 62

4479 60 7130 71 4408 03 7562 95 944 27 149,282 02
60,646 33

11,194 42 38,747 39 4516 73 3205 27 7138 30 5255 89 7363 71 706 11 198,774 15 67,811 22 11,205 12 40,400 74 3623 96 2830 70 7805 63

2153 66 155,196 26 68,722 32 11,308 43 40,921 25 4576 51 2781 18 7299 41 6087 48 19428 08 1521 72 162,646 32 65,994 32 11,556 82 44,045 58 4909 69

2930 03 6627 07 6530 47 13233 48 775 15 | 156,602 61 79,712 64 12,941 84 44,560 20 4740 76

2969 92 6183 53 5207 86 5913 70 2266 85 | 164,497 30 70,873 32 13,361 80 47,794 12 5131 56 4154 45

7301 53

5346 10 4116 61 1512 79 159,592 28 79,397 80

12,845 43 51,722 96 5459 49 4228 04 7046 67 5257 95 8140 97 1647 05 177,373 41
83,969 14

11,911 03 52,747 10 5448 49 4025 13 5954 12 5955 78 11436 61 1647 74 | 183,095 14
84,886 58 13,076 80 51,461 59 5380 15 4009 12 6776 51 4072 73 13025 36 1841 76 | 184,530 60
90,330 12 12,739 63 57,252 31 5394 84 3738 01 5831 58 6087 01 11332 52 1912 64 | 194,618 66
88,556 79 12,856 78 54,635 74 5481 64 3536 68 5548 57 3658 84 11670 01 1812 45 187,757 50
75,171 17 11,363 82

4569 10 5175 37 6215 94 3138 82 1816 51 169,833 98
71,163 98 10,720 76 59,551 22 5025 69 3258 60 5047 62 4257 96 5519 81 1774 48 166,320 13
74,825 61 10,024 52 63,705 69 4726 98 3847 95 4964 10 4278 33 6866 91 1744 79 174,984 90
77,251 38 10,769 78 61,503 52 4809 30 S818 08 5167 16 4285 13 2353 06 1728 00 171,685 41
83,472 11 10,261 28 62,648 94 4679 34 3406 41 5199 79 4294 96 3646 03 1759 20 179,368 07
84,856 66 9,014 80 65,321 61 4825 23

3659 54 5260 27 4844 10 2573 25 1791 97 | 182,347 43
94,244 43 12,659 01 70,057 20 4968 97 4307 34 5363 68 5157 53 3567 45 1801 62 | 202,127 24
98,268 73 11,004 15 68,740 10 4758 21 4507 98 6200 03 4996 00 4451 48 1831 28 | 204,757 96
107,037 10 10,520 42 73,589 65 4995 25

4446 72 5920 51 4992 52 | 5038 95 | 1852 73 | 218,393 85 *Includes 15,000 to sufferers by fire at Savannah, and 10,000 to the City during Yellow Fever.

142

1830.]

MEETING OF PEOPLE OF COLOUR.

143

In our first vol. p. 108 11, we published tabular gen-1-24th, Clear morning, overcast at 10 a. m. cloudy p.m. eral views of the Finances of the State, from 1802 to

— 25th, Overcast a.m. cloudy and Snowing after sunset.

—26th, Clear, wind high a.m. cloudy p.m.—28th, Clou1827. In the preceding table, which has been compi- dy p.m. river closed with ice.-30th, Clear, high sharp led from the published annual accounts of the Auditor wind, p.m.-31st, Overcast, sky red all round the horGeneral, we have given “the expenses of the governizon in the morning. Began to snow at 4 p.m. ment," and each department of it, for each year from

In this, I have not set down the mean temperature of

ny day, but by adding together, the morning, noon 1791 to 1829, with the exception of the year 1804, and evening observations, of any day, and dividing by which after very diligent search among the public libra- 3, will give the mean temperature of that day. By foiries, and numerous individuals, we have not been able luwing this rule we find, from the above observations, to obtain. This table is the first of a series which we that the 30th of this month was 5o colder than any day

in 1829. have in preparation, entering into details of the expen The Radiation of heat and cold shall be the subject ditures of the different departments.

of my next inquiry.

A PUBLIC MEETING OF

Days of Week.
Days of the Month.
Morning temperat
Noon temperature.
Night temperature

Highest in Morn.
Highest at Noon,
Highest in Even.
Course of

the
Winds.

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in. 1

M

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METEOROLOGICAL REGISTER.
Extract from the Meteorological Register, taken at the

Slate Capitol-Harrisburg Pennsylvania, COLOURED INIIABITANTS OF PIILADEL-
BY WILLIAM MUSGRAVE, Librarian.

PIIIA.
JANUARY, 1830.

At a public meeting of the respectable people of coJour, of the city and county of Philadelphia, held in the first coloured Wesley Methodist Church, on the 16th,

inst. PETER GARDNER, was called to the chair; and JuWeather.

NIUS C. MORRELL, was appointed secretary,

The object of the meeting being stated, the following resolutions were adopted.

Resolved, 1st. That we do most cordially rejoice

that the bond of brotherhood, which rivets a nation toThermometer. Barometer. Winds. A.M.

P.M. gether in one indissoluble chain, bas collected so large 10 101

a portion of our people together to sympathize and com144,43 44 29 2024 200W

Clear Clear miserate the conolition of our brethern recently from S 2136 50 48 10/12 201N W

Cloudy Clear Ohio, vow in Canada. 3 33 49 49 2010500E

Clear
Cloudy

Resolved. 2d. That while the laws of this country 4 44 43 39/28 90 97 991W Cloudy Cloudy permit the freedom of expression, and cease to muzzle

5 32/34 29 29 00 15 10) N W Cloudy Clear the press, we shall cheerfully vindicate the cause of our W 629 39 36 28 05 93 83|W Ov.cast Cloudy oppressed people. T 735 50 43 85 80 825 W Cloudy Clear Resolved, 30. That we view with deep interest the F

83844 36 29 05 16:30 N W Clear Clear disposition and transactions of our brethern in Ohio, so 9263933 4030 30||N E

far as relates to their emigration to Canada, the noblest S 10.3843 41 28 78 6570|N W

design and patriotic achievement ever performed by M 1115 28 24 29 50 4350N W Clear Clear our people in this country. T 12 21 40 341 50 3858|W

Resolved, 4th. That the Colony, in Canada, not onW 13|24 44 39 40 30305

E Clear Clear ly merits the approbation and esteem of every philanT 1433 45 37 2010'00's

Cloudy Clear thropist, but of every man whose sable skin divests him F 15 30 43 40 28 9080735 W

of his freedom, and impairs his usefulness in this counS 1164153 44

64'60 65S W Clear Clear try. S 17 38 39 31 707890|E to N

Resolved, 5th. That we view it as an asylum from M 18 17 24 22 29 10 20 25 |s to W Clear Clear oppression, and a generous invitation for our people to T 19 16 40 34 25 09 001W

Clear Clear dwell in a land where they can breathe the pure air of W 2038 41 35 28 90 85 95'N W

liberty, and where every opportunity is held out for us T 21 24 31 26/29 00 00 001N W

to occupy that space, and enjoy those rights in the morF 22 30145 4128 80 60 80 18 W

al world, which God, in his wisdom has destined us to S 23 27 28 24/29 10 20 201 w

fill as rational beings. 24 13 23 23 35 30 30||W

Resolved, 6th. That we view with charity the naM 25 21 36 31|28 90'82 90N to E

tional policy of the American Colonization Society; as T 26 18 25 18 29 20 30 35 İN W

one necessary to the interests of the white inbahitants W 27 17 32 34 28 90 80 80 s W

Cloudy Cloudy of this country. T 28 1928 22 29 25 25 25|N W Clear Clear

Resolved, 7th. That we recommend that philanthro29 1934 31 15 151001

Cloudy Cloudy pic association to turn its attention to Canada, where it s 3011 15 9 29 20 20 52N W

can complete much, with less means, and more conves 311 912323 145 25125||S

nience; and in a climate more congenial to the health

and prosperity of its colonists, and already under the On the 9th, overcast, at 9 a.m. Snow at 5 p.m. Rain influence of civilization. at 9 p.m.-10th, Cloudy morning, rain at 9 a. m. con Resolved, 8th. That we return gratitude to those tinued steady rain till 9 p. m.-12th, Zenith clear, east- philanthropists who have enacted laws to ameliorate ern horizon red, southern and western cloudy.-15th, our condition, and also, shall ever reverence those who Zenith clear, horizon from NE to SW cloudy in the may yet promote our interests, and especially Pennsylmorning, cloudy afternoon; a rainbow in the NE before vania, under whose laws it is our happy lot to remain sunset, without rain or clouds.-17th, Overcast, rain at subject: but we solemnly deprecate such laws as those 9 2.m. continued rain till night, then ended with a snow, in Ohio, which have completed the banishment of our shower, wind at N.-20th, Cloudy calm ; clear and win brethren from these United States. dy -21st, Zenith clear, borizon cloudy, in morn Resolved, 9th. That we do cordially and earnestly ing sun thro'clouds at noon, evening clear.-220, Over-wish for the prosperity of that neighbouring nation, cast a. m. cloudy at noon, clear evening.--23d, clear, a (without the most distant idea of revolting against the light snow before day, clear and windy in the afternoon. I laws of our country) for her benevolence in opening a

MISCELLANEOUS.

(FEBRUARY

141

door for the oppressed, whose only crime or transgres- men present. The Governor joined a small party, and sion was the unalterable colour of their skin.

Mr. Morris perceived the end of the Governor's sword Resolved, 10th. That the thanks of this meeting be projecting beyond the scabbard, and said, mildly, “why tendered to the benevolent citizens of Philadelphia; Governor, thou hast lost the ferule of thy scabbard." who, being informed of the situation of these unfortunate The Governor, either not knowing the fact, or pretendpeople, afforded much pecuniary aid towards alleviating not to know that he had lost it, raised his sword up, ing their wants.

and said, "yes, I see I have,” Mr. M. said, "I have one Resolved, 11th. That if any of the sentiments con. Governor, which I will give to thee," and pulling out {ained in the above resolutions shall prove offensive to the ferule appplied it the point of the "sticking iron," the American people, we sincerely hope that their observing, "why Governor I protest it fits exactly.”knowledge of our ignorance will be a sufficient apology The circumstance of his baving been a party in the riot while we declare that our intentions are pure, and the being known to those present, a loud titter was forced only event that gave rise to our present sentiments was from the company, and his Excellency, as the tradition the oppression of our brethren, in a country whose re- is, looked very much ashamed. But this lesson did not publican constitution declares, that all men are born free reform him. The rioters did not belong to a Temperand equal

ance Society, or in place of rum they would have preferred taking a draught of the pure spring water, which

came up through the hollow of a stump, that stood in MISCELLANEOUS.

front of the Dock, between Front and Water streets, In the account of CRAWFORD Counts, published in and was greatly resorted to by the people of the vicini.

ty.

J. M. Register, vol. III. p. 10, extracted from the “Crawford Messenger," there is no notice taken of the Curiosities

LIBERAL BEQUESTS. mentioned in the following extract. It is probable they George S. Savery, Thomas Mitchell, and Judah Dobkave been omitted, or discovered since. If they really son, Executors of the late WILLIAM MACKENSIE,

Esq. having closed the Estate; in pursuance of the reexist, we shall be glad if the Editor of the “Messenger” quest contained in the will of the Testator, have diswould furnish us with more particular information on tributed the residue to the following charitable instituthe subject.

tions, viz

The Association for the care of coloured orCuriosities of Pennsylvania.- In Crawford county, on

phans,

$500 00 an extensive plain, there is a yast mound of stones, con

The Female Association of Philadelphia for the taining several hundred thousand cart loads. This pyr

relief and Employment of the Poor,

500 00 amid has stood through so many ages, that it has beThe Philadelphia Union Society for the Educacome covered with soil, and from the top rises a noble

tion of Poor Female Children,

250 00 pine tree, the roots of which, running down the sides, The Apprentices Library Company of Philadelfasten themselves in the earth below. The stones are

pha,

500 00 many of them so large that two men can only move The Roman Catholic Society of St. Joseph's for them with difficulty, and yet they are unlike any others

Educating and Maintaining Poor Orphan in the neighborhood. Indeed there are not in the neighborhood, any quarries, from which so large a quantity The Scots Thistle Society of Philadelphia,

Children,

700 00 could ever have been taken. This artificial curiosity is The Female Episcopal Benevolent Society,

250 00

350 00 on the borders of oil creek; a name derived from a na- The Female Hospitable Society of Philadelphia, 88 00 tural curiosity no less remarkable than the foregoing: - The Pennsylvania Colonization Society, 500 00 Springs exist on its margin, from which there is a con

500 00 stant Row of oil, floating on the surface of the water and The Magdalen Society of Philadelphia, running into the creek, which may be seen for a great The Society of the Sons of st. George estab.

250 00

The Welsh Society of Philadelphia, distance down the stream. The oil is burned in lamps,

Jished at Philadelphia for the advice and asand used in various ways; but is particularly valued for

sistance of Englishmen in distress,

250 00 its medicinal qualities. The inhabitants make excavations in the low and marshy ground; which are immedi- The Trustees of the Pear st, School House,

The Dorcas Society of Southwark,

250 00

250 00 ately filled with water, covered with oil, which they The Indigent Widows and Single Womens skim off. Considerable quantities are annually brought

Society of Philadelphia,

1,000 00 $0 this city and sold to the apothecaries.

N. York Jo. of Com.

The Female Association for the Relief of Wo

men and Children in reduced circumstances, 500 00 HISTORICAL ANECDOTE.

The House of Refuge of Philadelphia, 4,360 00
The Southern Dispensary,

412 00
[COMMUNICATED.)
The Provident Society,

412 00 The Historical Notes, in your last No. of the “Regis- La Societe Francaise de Bienfaisance,

56 50 ter," were highly interesting, but they would have been Christ Church Sunday Schools,

150 00 more so, bad the author dilated upon some of them.- St. Peters'

150 00 Here follows an addition to one of them :

-Governor St. James'

do

150 00 Evans, who is mentioned as having been engaged in a St. Pauls'

do

150 00 low squabble, was a licentious character, and his ap- St. Andrews' do

150 00 pointment was very unfortunate. I presume it was on Infant Schools of the N. Liberties, &o.

400 00 the occasion of this broil, that the story I am about to do of City,

1,600 00 tell refers.

do of Southwark,

400 00 In the course of a riot in a house in which the Gover. Charles Treichel in trust for St. Thomas and St. nor took part, the ferule of his sword came off, and as Andrews' Coloured Sunday Schools,

101 00 the affair happened in Water street, a little above the The Samaritan Sabbath School Society (CathaDock, Mr. Morris, the brewer, whose house and estab

rine street)

50 00 lishment were near the scene, went to it, doubtless to The Berean Sunday School of Southwark, 50 00 restore harmony. He was astonished to find his Excel- The Society for alleviating the miseries of Pub. lency in the midst of the rioters, and picked up the fer lic Prisons,

151 00 ule which be put in his pocket. The next day he went Tbomas Allen for benevolent purposes,

50 00 to the Coffee-house, where the proceedings of the preceding night, engaged the conversation of the gentle.

Total,

$15,450 00

do

THE

REGISTER OF PENNSYLVANIA.

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

EDITED BY SAMUEL HAZARD.

VOL. V.-NO. 10.

PHILADELPHIA, MARCH 6, 1830.

NO. 114.

LAW CASE.

present, Edward Smith, Jacob Thomas, Thomas Guire,

and Robert M‘Aftee; Mr. Guire presented the memorial SUPREME COURT,

of sundry inhabitants complaining of certain abuses Commonwealth vs. James M-Claskey, John Paisley, practised at the election held on the 2015 March, which and David Farrell.

being read, on motion, it was resolved, that on the 13th This was a rule to show cause, why a writ of quo in the memorial. And on the 1311, having previously

inst. they would inquire into the abuses complained of tvarrunto should not be issued to show by what author- given notice to the respondents, who did not attend, ity the respondents acted as commissioners of the Town- they did inquire, set aside the election, and ordered a ship of Moyamensing in the county of Philadelphia.“

new election to be held the 23d of April, which resultThe case was fully argued by Josiah Randall, and Peed in the election of James Ronaldson, Robert Thornter A. Browne for the relator's, and F. A. Rayboldl, G.

ton, and Samuel Baker, whose election was approved of M. Dallas, and Horace Binney, for the respondents.

by the four commissioners above stated. The opinion of the Court was delivered by Justice ROGERS. Justice Huston delivered a written opinion tion for a rule to show cause by what authority the res

This is an application in the case of a public corporadissenting from that of the court; and the Chief Justice, pondents claim to exercise the duties of commissioners Gibson, delivered a verbal opinion, stating the ground of the Township of Moyamensing. The question arises upon which he differeil from both the opinions prel on the third and fifth sections of the act of the 24th viously delivered. The following is the opinion deliv: March, 1812, entitled an act to incorporate the Townered by Justice Roaxns, in which Justices Top and ship of Moyamensing in Philadelphia county. Smita concurred:

From llie facts which have been disclosed, it is appaThe 20th March, 1829, the respondents were elected rent that the approval of the election of the respondto serve for three years as commissioners of the Town- ents depends altogether on their own votes, and that ship of Moyamensing. It appearing at the close of the independent of that vote, there has not been that conpolls that they had the highest number of votes, and firmation of the election which is required by the act of The judges having given them notice of their election, incorporation. The inquiry will then be, to which all on the 2d April, 1829, they took the oath of office. The others are in some measure subordinate, whether the judges, in pursuance of the second section of the act of act authorizes this proceeding on the part of the comincorporation, returned the respondents as duly elect- missioners elect; whether each of these who have been ed. Before the meeting of the commissioners, which is returned elected, are entitled to judge of their own directed to be on the first Monday in April, a memori- election, with full power and authority to approve al, respectful in its terms, was prepared and signed by thereuf. a number of the legal voters of the Township, alleging It will be conceded that when it can be avoided, no that sundry abuses were practised and many votes ta man should be permitted to decide his own cause, nor ken of persons who were not citizens qualified to vote can I perceive mich difference, when he is called on to for members of the General Assembly, and praying that determine his right to an office of profit, or one of trust, the abuses may be inquired into according to law, and accompanied as this is with extensive patronage. The they annexed to the memorial evidence of the illegality temptation to an abuse of the trust is as great in the one of three votes. At the time appointed for the meeting case as the other, and is such, that no prudent legislaof the commissioners, viz: the 3d Monday of April; pre- ture would intrust such a power to any person, unless in sent, Edward Smith, Jacob Thomas, Robert M'Affee, cases of necessity; and when such necessity, in the opinSamuel Bell, George Kirkpatrick, commissioners, and ion of the legislature, exists, the grant of the power the respondents John Paisley, James M'Claskey, and would, we should be led to suppose, be expressed in David Farrell, commissioners elect. Edward Smith sta- such clear, unequivocal terms, as to leave room for nei. ted that he wished to lay before the board a remon- ther doubt nor cavil. In England, it is said, that even strance contesting the election. The remonstrance was an act of parliament, made against ritual equity, as to not suffered to be read, nor was any vote taken on it, make a judge in his own case, is void in itself; for, as it but it was ordered to lie on the table by George Kirk is expressed, jure natura, sunt emmitabilu, and they are patrick, who had been elected president pro tem. The legis legem. Davy vs. Savadge, 1 vol. 87, and in 12 returns of the election were then read, when it appear. Mod. If an act of parliament should ordain that the ed that Juhn Paisley had 217, James M-Claskey had same person should be party and judge, or which is the 155, and David Farrell 150 votes. There is thcúi this same ibing, judge of bis own cause, it would be a void entry on the minutes: Adopted by a majority of the act of parliament; for it is impossible, say the court, that board, which, although informal, amounts in substance one should be judge and party, for the judge is to dete:to an approval of the election of the respondents. Ed. mine between party and party, or between the governward Smith, Jacob Thomas, and Robert M'Affee were ment and a party. And our own courts appear equally opposed to the approval. The oath of office of the com. averse to the introduction of such a principle. missioners elect was then read, together with a notice An act of the legislature, says Judge Chase, in Col. of their election. The board, viz. the commissioners en and wife vs. Bull, 3 Dal. 386, contrary in the great elect, and two of the commissioners of the old board, first principles of the social compact, cannot be considwent into an election for president and other officers, ered a rightful exercise of legislative authority. The Jacob Thomas, Edward Smith, and Robert M'Affee, re obligation of a lav in governments established on exfusing to take any part in the proceeding. The 10th of pressed compact and on republican principles, must be April, 1829, at a special meeting of the commissioners, determined on the nature of the power on which it is

Vol. V. 19

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