sal law. Each one must be permitted to vote in the case of his fellows, but not in his own. The election of one of the nine, might be well questioned without interfe ring with the rights of the others.

After the corporation has been called into being, no necessity can ever be pretended, as then there are persons acting under the sanction of an oath, competent to decide upon the conflicting claims to a seat as members of the board.

founded. A law that punished a citizen for an innocent | eminent jurists, as an acknowledged principle of univeraction, or in other words, for an act which, when done, was in violation of no existing law; a law that destroys or impairs the lawful private contracts of citizens; a law that makes a man a judge in his own cause; or a law that takes property from A. and gives it to B. It is against all reason for a people to intrust a legislature with such powers, and therefore it cannot be presumed they have done it. The genius, the nature, and the spirit of our state governments amounts to a prohibition of such acts of legislation, and the general principles of law and rea- The third section provides, that the nine persons who son forbid them. To maintain that our federal or state shall, at the next election, to be held in pursuance of legislatures possess such powers if they had not been ex- this act, have the highest number of votes, for the office pressly restrained, would be a political heresy, altogeth- of Commissioners, &c. on the first Monday in April er inadmissible in a republican government. To these next following the election; and the three persons who high and imposing authorities, I may add the opinion of shall, at every subsequent election, have the highest the present chief justice in the Commonwealth vs. number of votes for the said office of Commissioners, toWoelper, see 3 S. and R. 43, which it is a mistake together with the six Commissioners, whose time shall not suppose was overruled or contradicted by the other have expired, shall meet together, at such place as shall members of the court. be legally appointed, &c. on the first Monday in April next following each and every election, to be held in pursuance of the act; and shall then and there receive the said returns of Commissioners elect, and shall forth. with proceed to examine the same, and to judge and determine thereon; and for that purpose the commissioners so met, or a majority of them, shall be judges of the said election, and shall have full power and authority to approve thereof, or to set aside the same, and to order new elections, as the law may require, to be held in the manner herein before directed, and at such times as shall be by them appointed, &c.

In this view, the right of the legislature to pass a law making a man a judge in his own cause, struck the judicial mind in England, and in this country, and partic. ularly the powerful intellect of Justice Chase. Altho' I fully accede to the general principles of that distinguished jurist, yet I should certainly pause before I would carry them to the extent he seems willing to go. | If the Legislature should pass a law in plain, unequivocal, and explicit terms, within the general scope of their constitutional powers, I know of no authority in the government, to pronounce such an act void, merely because, in the opinion of the judicial tribunals,it was contrary to the principles of natural justice. For this would be vesting in the court a latitudinarian authority, which might be abused, and would necessarily lead to collisions, dangerous to the well being of society. Ideas of natural justice, are regulated by no certain or fixed standard, so that the ablest and purest minds might sometimes differ with respect to it. Besides, necessity dispenses with these general principles, and the Legislature must be the judges, when the necessity exists, where the exigencies of society require the investment of such extraordinary powers. It must undoubtedly rest in their wisdom to determine when the public welfare, to which all else must be subservient, requires the assumption of such principles. Whilst then, I in some measure disclaim the doctrines of that eminent man, whose abilities, I believe, have never been doubted, yet the court have a right to claim the benefits of another principle of construction. Unless the words of the act be plain and explicit, the court is bound in decency to conclude that the legislature had no intention to violate the principles of equity, or without necessity to contravene the first principles of the social compact. That as it is against reason and justice, and the fruitful source of faction, corruption, and abuse, that a party should judge his own case, it is not to be presumed, but directly the contrary, that the Legislature have invested the respondents with such extraordinary pow

ers.

I have looked in vain into the third section, which has been mainly relied on by the respondents, for any express words, or necessary implication, authorizing the commissioners elect, each in his own case, to examine and judge of the election. The Legislature had in view the original organization of the corporation, and its continuance, by the election of three members each year to supply vacancies occasioned by the rotatory principles provided by the act. Hence, an ambiguity has arisen in the phraseology of the act, from not accurately distinguishing the manner of proceeding at these periods, which are so essentially different. From necessity at the organization they may be permitted to verify their own powers, and even perhaps without the sanction of an oath, but even then this may be done without violating a principle of American, as well as English jurisprudence, founded in natural equity, and laid down by

The fixing a particular day for the meeting of the commissioners and the commissioners elect, is necessary, because, in case there should be no dispute, they would be in attendance and in readiness to enter upon the discharge of the duties of the office; and in point of view it was a prudent precaution. As the scrutiny is usually made at the polls, the examination of the returns and the approval of the election is, in a great majority of cases, a mere matter of form. But when there is reason to believe that the return member has not been duly elected, it becomes a different affair.— Then another and a more careful scrutiny takes place, before a tribunal, on whom devolves a most important duty, to examine, judge, approve, or set aside the election. The act says, and for that purpose the said commissioners so met, or a majority of them, shall be judg es of the said election: That is to say, for the purpose of examining and judging, the commissioners shall be the proper tribunal. What, then, do the legislature mean by the terms, the commissioners so met? In my judgment, they intend to designate commissioners in the strict and legal sense of the word. Who, then, is a commissioner? A person cannot be considered as such until he is duly qualified to perform all the duties of the office. And this can only be when he has been elected, returned, and his election approved, and when he has duly taken the oath of office. The commissioners so met, means the commissioners whose time has not expired, in exclusion of the commissioners elect. And in aid of this idea it would seem the legislature have discriminated, although not in very plain terms, between commissioners and commissioners elect. If the legislature intended otherwise, it would have been very easy to have expressed their meaning in such precise and definite terms, as to have avoided all difficulty, having done so, we feel ourselves at liberty, nay, bound in common decency, to suppose they did wish to be so understood. We are authorized to believe they did not intend to contravene a principle which has been deemed, by the most eminent jurists, as contrary to natural equity, and the first principles of the social compact. On the contrary supposition, the approval of the election would be a mockery, as we could not suppose, particularly with the knowledge of the facts which have been disclosed, that an interested party, under the influence of irritated and party feelings, could bring to

Not

LAW CASE.

the examination that impartiality which is necessary to er been permitted, or even claimed. The nearest they a correct and proper decision. We exclude a juror or have ever gone to it in congress was when return memwitness when he is interested, and much more so oughtbers voted on a principle on which their own election we to guard from pollution the determination of the depended, a case entirely different from this, and the most sacred right, the republican principle which has propriety of which might be well questioned. At any been engrafted into this act, that it is the majority of le-rate, I feel but little respect for a decision which comes gal voters who shall confer the office. in such a questionable shape.

The constitution of the United States prescribes that each house shall judge of the elections, returns, and qualifications of its own members. The constitution of Pennsylvania, that each house shall judge of the quali-if fications of its members. The right of determination is given to the house, who exercise their authority by the decision of the majority, as in the act it is vested in the commissioners or a majority. Under these different provisions, no instance can be produced, either in congress or our state legislature, where such a right has ev

be within the sphere of the same corrupt, and factious influence, by which they may be induced to make an improper return; and if the return members may be permitted to confirm their own election, it would lead to equal, if not greater mischief.

If then, this matter rested here, I should have no difficulty in saying that the rule should be made absolute. But, as has been already stated, at a special meeting of four of the commissioners, they undertook to set aside the election and order a new election, which resulted in the choice of three other gentlemen to supply the vacancy in the board. At the first election it appeared that John Paisley had 217 votes, James M'Claskey 155 votes, and David Farrel 150 votes, wheras the highest of the other candidates had but 147 votes. Two questions then arosc-1st. Have the commissioners power to decide without examination by the Supreme Court and 2d, If we have power to interfere, in consequence of an improper exercise of authority by the commission

ers.

The act says that the commissioners, or a majority of them, shall be judges of the election, and shall have full power and authority to approve thereof, or to set aside the same, and to order new elections, as the law may require. From this it has been inferred that the court are ousted of their jurisdiction. By the act of 22d May, 1722, the supreme court have full power and authority to issue forth writs of habeas corpus, certiorara, and writs of error, and all remedial and other writs and process, And generally they are empowered to minister justice to all persons, and to exercise the jurisdictions and powers, &c. as fully and amply, to all intents and purposes whatsoever, as the Justices of the Court of King's Bench, Common Pleas, and Exchequer at Westminster, or any of them may or can do. This is a grant of full and plenary powers to the Court, wisely entrusted to them for the public welfare, and which we are bound to exercise on the complaint of persons aggrieved. Under this law, the Supreme Court have been in the constant practice of granting information in the nature of a writ of quo warranto, for abuses in office, in a private as well as a public corporation, not by force of the stat.9 Ann. Ch. 2. but by power derived from the common law. As the jurisdiction of this court has been expressly granted, it cannot be taken by express word or necessary implication, neither of which appears in this act.

that election who were not entitled to a vote, persons who did not reside in the township, and persons who were not authorized to vote in the township. By the latter description he says he means aliens; in his cross examination, he says, they made no inquiry as to whom they voted for. Robert Parker, an alien, voted; be was qualified in the presence of the commissioners, that he had voted, and that he was an alien. John Woods and David Daniels voted. These are all it was proved against, that he recollects. Although it is clear that the two first were duly elected, yet there is some difficulty as respects David Farrel, and if they had merely set aside his election, we should not be disposed to interfere. It would appear that these illegal votes were taken at the election, which being deducted from the highest, which I believe is the legislative rule, there was an equality of votes. If this be the case, as regards him, there was no election.-Pennsylvania Inquirer.

REPORT OF THE COMMITTEE OF WAYS.
AND MEANS,

Relative to the Finances of the Commonwealth. Read in
the House of Representatives, February 22, 1830.

The committee of ways and means have directed their attention and deliberations to those objects for which the committee has been organized, influenced by the various resolutions, which have from time to time, been referred to them by the house. It is considered to be their duty to examine not only the ordinary revenue, and the annual expense of government, but also to suggest to the House, the means by which funds can be raised for the payment of any existing bebts, and for increasing the revenue to discharge the interest of past expenditures, and for the ultimate redemption of the debt, and for making provisions for such additional demands upon the public treasury, as the condition and welfare of the state may require. The usual income of the commonwealth is sufficient to defray the expenses of the government, and leave a large balance for the payment of interest upon loans already made upon the credit of the state. Education and internal improvements, are the chief objects laid before the committee, for which additional provisions is required. The attention of the legislature has been frequently called to the subject of education, by petitions from the people, and Where the legislature gives full power and authority by the urgent recommendations of the past and present to approve or set aside the election, I cannot believe executive. The good policy, the importance and nethat they intended that the supervising jurisdiction of cessity of providing for a general system of education, the Supreme Court should be taken away. These under the constitutional requisition, is universally adwords cannot have a greater effect than the words final mitted as a measure involving the happiness of our cit and conclusive between the parties, used in a great va-izens, the welfare of posterity and the permanency of riety of acts of assembly; and yet it is a well settled principle, that these do not take away the jurisdiction of the court; the legislature being aware that this is a well settled rule of construction, would, if they were intended to preclude inquiry, have prevented this court from exerting the superintending acting authority by express prohibition. This case furnishes a reason against the policy of putting public or private corporations above the reach of inquiry. And this leads to the second question, whether there was a rightful exercise of authority in setting aside the election of the respondents. As respects Mr. Paisley and Mr. M'Claskey, there cannot be the slightest particle of doubt. Mr. Paisley had a majority of 40, and Mr. M'Claskey a majority of 8votes. How the commissioners could have supposed they were justified in setting aside this election, on the proof of two, or at the most three illegal votes, passes my comprehension. I see no reason for supposing that the judges of the election were corrupt, although they may have been mistaken: Edward Smith, one of the commissioners, says, that they inquired into the circumstances of the election held on the third Friday of March; witnesses were examined by the commissioners on the subject of the clection; it was proven that persons had voted at

our invaluable government.Since1800the sum of 132,500 dollars has been appropriated by the legislature for the advancement of education; but it has been applied to the aid of the academies established in the several counties, and to the colleges incorporated by law. The public money has been applied in this manner, for the obvious reason, that those institutions alone were prepar ed to receive public munificence. Had there been prepared and established a system of elementary education, the wisdom of the legislature would have directed their funds to its support, as such a system would claim a decided preference by its superior utility, its relief to the poor, and its more extended influence. As no general method has yet been prepared for the establishment of common schools, in such manner that funds can be appropriated to their aid, and as claims more immediately urgent, are pressing upon the present legislature, the most that can be done at this time, will be to give such a direction to a portion of the revenue to be raised, as will lay the foundation of a fund for that purpose.

The extensive internal improvements in which this state has engaged, the amount of money already expended, and the sum required to complete the system, demand the most serious and immediate attention of the

1830.]

REPORT OF THE COMMITTEE OF WAYS & MEANS.

149

committee and of the legislature. As a firm belief in the sound policy and wisdom of measures, will not only contribute powerfully to their accomplishment,but will tend to reconcile the people to any inconvenience which they may feel if called upon to aid in supplying the necessary means to defray the expense; the committee will be pardoned for adverting briefly to the policy of the system, although so much has been said and written upon it, that nothing more is expected than to awaken recol-work which had been so often and so openly denounced lection.

ed it as would now appear to hang over the improvement of the state; the same delays in the construction of the work were complained of; the same doubts of its utility were suggested; the same fears of the ultimate success were spread far and wide; and still greater difficulties were encountered in procuring the necessary funds to carry it on. The perseverence of a few spirited individuals overcame all obstacles; and that as a wild, extravagant and useless scheme, has at lengthr When we examine our statue books and see the become a monument of individual enterprize, and a rich course of legislation, and calculate the amount which and increasing source of public and private wealth. Its has been appropriated by law, to the improvement of value and utility in public estimation, its past performthe state, to aid in the erection of bridges, in the con- ance and future promise, may be safely measured by the struction of turnpikes, and the improving the navigation market price of its stock; being now $146, for 100 paid. of our rivers; we find the clear indications of the settled Your committee attach much importance to the short policy of the state. When we look upon our state map experience of this navigation, as the only Pennsylvania and find that more than 2,380 miles of turnpike roads improvement, in which an experiment has been made. have been constructed at an expense of more than eight They believe it furnishes the fairest data, on which a millions of dollars, and that more than fifty bridges have safe calculation may be made of the advantages of our been thrown over our largest streams at an expense of state improvements, and the only means of forming a more than two millions and a half of dollars, by incor- just comparison, in estimating the value of Pennsylvaporated companies, aided by the state, we cannot be- nia canals. The average cost of the Pennsylvania canals lieve that the people have been unmindful of the bene and rail ways, will, not exceed that of the Schuylkill fits resulting from internal improvement. Those were navigation; and the profit of the transportation of coal, the improvements of the age that has gone by; but in will in some measure be enjoyed by our improvements, them Pennsylvania was in advance of her sister states. with an incomparably greater trade in other articles.— A new era has now arisen. Science and skill have pre- The economy of the use of anthracite coal, has been so sented a new system to facilitate transportation, and satisfactorily demonstrated as to induce the belief, that lessen the expense and time to be employed; and expe- the period is not far distant, when it will find its way to rience has tested its utility. Common roads, turnpikes, every fire-side, as well that of the rich as the poor, and and the tedions and hazardous navigation of rivers, must in addition to its domestic uses, when its importance to yield to the superior advantages of canal and rail roads. the various arts and manufactories, is taken into the acTo keep pace with the spirit and improvement of the count, no fears need be entertained that the supply will times, was a course in consonance with the policy be too great for the demand. If in the opinion of your which had ever actuated the legislature of the state, committee, the value of your public works were to be and incited by the most powerful motive of public in- estimated by the facilities they would afford to the transterest, stimulated by the successful example of the state portation to market of our mineral wealth, the expense of New York, and instructed by the voice of public o of their construction would be justified. But, when in pinion, the legislature commenced the system of inter- addition to the exhaustless stores of mineral wealth, we nal improvement in this state. The system was commenc- take into account, the important aid they will afford to ed in 1826;and in its original design extended to the for- the agriculture and commerce of the state, it is difficult mation of a connection between the eastern and western to estimate the immense advantages of our system of waters of the state. In its progress, other and import- internal improvement. The state of New York on one ant objects of improvement presented themselves, and side, having already afforded to the agriculture of that led to the adoption of a more general system, intended state, the advantages of a cheap transportation to markto embrace all the great and prominent interests of et, the good effects of the policy have been strikingly the commonwealth. This course of policy, notwith-shown by the rapid increase of their population and capstanding the objections which have been urged against ital, and in the enhanced value of their lands. On the it, would appear in consonance with the principles of other side the enterprising state of Ohio, with her imour froe institutions, and will find its justification in mense teritory of fertile lands, has commenced and is the peculiar localities of our state, divided into different now completing two great lines of communication afand distinct sections, each possessing the facilities of fording to her citizens a cheap conveyance for her agimprovement by canals and rail roads, and each abound- ricultural products to market, and her improvements ing in the rich stores of agricultural and mineral wealth, have already attracted the attention of capitalists, and not only inviting, but provoking the aid of art to con- drawn to that state the stream of emigration. What vert them into available sources of individual profit and would have been the situation of the state of Pennsylvapublic wealth. nia, if she had remained inactive and neglected to have taken measures to secure to her agriculture, equal advantages. It would not surely be necessary to present in detail, the melancholy picture of decay and decline, which our state must inevitably have exhibited. Certainly it may now be said that this state neyer was in a more thriving and prosperous condition. That there never was a period when the citizens of this state were: more free from debt, when enterprise was more active —and when so much capital was employed in useful improvements, in agriculture and manufactories. The public disbursements on the canals, has not been buried in the earth, nor have they taken to themselves wings and flown away.

The system was not devised as a hazardous experiment, for it had already been fully and completely tested in the state of New York, on a scale sufficiently extensive to demonstrate the certainty of results. The soundness of the calculation could not be resisted, if the canal in the state of New York without mineral stores to contribute to their tolls, had proved a profitable investment to the state; the Pennsylvania canals bounded in every direction by exhaustless mines of mineral wealth of every variety, must prove a still greater source of profit to this state. This fact has since been most strikingly exemplified in the short experience of the Schuylkill navigation company, extending into and terminating in the coal regions of Schuylkill county, being the first and only artificial navigation in this state on which a fair experiment has been made. The history of the progress of this great work of individual enterprize, bears some affinity to that of our Pennsylvania canals. In its progress the same difficulties attend

Who that will make a just estimate of the magnitude of the resources of the great state of Pennsylvania, can apply the epithet of extravagance to the present scheme of internal improvement? Compared with the resources of the state of New York, the expenditures of the millions of this state, is not as extravagant as that of

Surely if a few spirited capitalists in the city of Philadelphia, have been able to construct a navigation at an expense of between two and three millions of dollars, and turned their money to a good account, can it be considered extravagant in the great state of Pennsylvania, with all her mighty resources to expend quadruple that amount, in improvements which promise like utility and equal profit.

The march of improvement has been as much the subject of wonder abroad as at home. The celerity and success of it has outrun all calculation, and has falsified the prediction of our most prudent statesmen. During the progress of the New York canal, considered at the time as a most gigantic undertaking, Mr. Jefferson publicly expressed the opinion that it was a work, a century in advance of the capacity of the people. He lived to see the error of his prediction, and subsequently atoned for it, by an acknowledgment in a letter addressed to De Witt Clinton, "that he was a century behind the spirit of the age in his calculations."

The citizens of the city of Philadelphia, alone, have within the last 15 years, expended eight millions of dollars in the construction of the Schuylkill navigation, the Union canal, the Lehigh works, and the Chesapeake & Delaware canal. Can it then be considered as extrava- If in estimating the magnitude of the expenditure ingant in the state of Pennsylvania, with an assessed taxa- curred by the state, in the construction of her public ble property, exceeding in value 300 millions of dollars, works, the value of her resources to be developed, and to encounter an expense of not double the amount in the immense advantages to be realized from them, form the construction of her improvements, extending over an essential ground of justification of that expenditure, and into the remotest corners of the whole state-im- the ability of the state in her financial concerns forms an provements which are to unlock the hidden treasures, equally tenable ground of that justification. While alwhich have so long remained concealed within her hith-most every state in the union is and ever has been suberto barren mountains-improvements which are abso-ject to a state tax, to defray even the ordinary expenses lutely necessary, to place the farmers of this state, on an of its government-the state of Pennsylvania has ever equal footing with the farmers of New York, and of the been exempt from such a tax. From the year 1800 infant state of Ohio-improvements, which, when com- down to the present period, the state has expended uppleted, cannot fail to give to this state that pre-eminence on objects besides her canal and rail road, from her inin wealth and political power, to secure which is so ea- come and revenue derived from indirect sources, more sily accomplished, and the accomplishment of which is than five millions of dollars, and defrayed the expenses a duty imposed on those who are delegated by the peo- of government without a state tax. Notwithstanding the ple, as the guardians of their rights and interests. debt incurred for canal and rail road purposes, by permanent loans authorized previous to the present session, amounts to $6,300,000 dollars, and the loans made for other purposes to $1,840,000, making together the sum of $8,140,000, the finances of the state have been sufficient to pay the interest on the whole amount, and no deficiency as yet has been experienced.

The legislation of almost every state in the Union, is now directed to internal improvements, and each would appear to be actively engaged in the strife of competition to gain the vantage ground. It is calculated that there are 3,500 miles of canals and rail roads, already constructed and now constructing in the United States, and if no other consideration presents sufficient induce. ment, the spirit and enterprize, with which our neighboring states are prosecuting their improvements, and extending them into our own territory, ought to increase on us the urgency of a vigorous prosecution of our public works. In no other state of the Union do there exist the same inducements to construct such an extensive system of internal improvement, and from the accomplishment of which, such benefits are to be derived. In no other state of the Union is to be found adapted to domestic and manufacturing purposes, that invaluable mineral, the anthracite coal, scattered in profusion over an immense extent of our territory, and from late examinations on the west branch of the Susquehanna, there is reason to believe that the bituminous coal region, intended to be reached by the west branch canal is equally extensive.

These are considerations which operated upon the legislature in extending the system, and it might be asked, what has occurred to arrest the progress of these improvements, which have nearly reached the coal regions, on the north and west branches of the Susquehanna, which, if not extended, will not answer the end for which they were originally designed.

It would not be necessary for your committee to urge on the house the importance of the speedy execution of the main line of communication between the eastern and western waters. All unite in favor of the accomplishment of this great work, as immediately connected with the prosperity of the state. Already sufficient demonstration has been made on the western section, to show the importance of it to the great manufacturing city of Pittsburg, and the country through which it passes; and it is confidently believed that when this line

In order to meet the engagements of the state, and make provision for the expenditures of the present year, the committee recommend an additional loan of four millions of dollars, which with the sum of $490,000, authorized by the act of this session, to be loaned from the several banks under the provisions of their charters, will make the sum of $4,490,000, from which sum will be paid all the temporary loans heretofore made and furnish means for the completion of all contracts heretofore made, according to the estimate of the canal commissioners, and leave a balance of about $900,000, to be applied to new contracts, if the same shall be required by the legislature at the present session.

If the whole amount of that sum shall be obtained and expended during the present year, the indebtedness of the state for loans will then be the $1,840,000, the amount of the loans obtained and applied to other purposes than canals and rail roads; the sum of 6,300,000 dollars, the amount of all the permanent loans made before, the present session for canal and rail roads; to which sum add the $4,490,000, authorized by the acts of the present session and from which all the temporary loans made for canal and rail road purposes are to be paid, making in the whole for canal and rail road purposes the sum of 10,790,000 dollars, and if the whole amount of the old loans be added to that sum, the total amount of loans which have been made and which are proposed to be made at the present session will be 12,640,000 dollars. From the report of the Auditor General, further debts are stated as due from the commonwealth upon account of appropriations heretofore made to turnpikes, bridges, rivers and other objects, amounting to $187,849.31. Upon examination it will be found that 30,000 of that sum is for subscriptions authorized