Hazard's Register of Pennsylvania

cases of homicide including such as are clearly supposed . to be no more than manslaughter," to indict for mur

$149,750 00 der.

If, indeed, a doubt exists as to the legal character of the act perpetrated, it may be a duty, and it is usual, 78,903 03 for the prosecuting counsel so to form the written charge as will leave it at the option of the Grand Jury, whether to put the accused upon trial for the highest offence or not:-and in general, the facts being but imperfectly collected at preliminary inquests and hearings, and very partially communicated to the prosecuting officer, it is deemed by him a measure of prudent caution to shape the indictment so that it may be applied by the Grand Jury, at their discretion, to a case of Murder and of Manslaughter. But where an accurate knowledge of all its circumstances divests a case of doubt, and inspires a belief that it is "clearly no more than Manslaughter," and the return of the committing magistrate so denominates it, I am unapprised that any practice exists of tendering an aggravated charge to the Grand Jury.

28,315 36

$256,968 39

From the above balance, of profit and loss, November 30th, 1833, $28,315 36. The Company have since declared a (half yearly) dividend of 6 per cent on $149,750, the capital then paid in, amounting to 8,985 00

Which still leaves a balance to the credit of profit and loss, of

PROSECUTIONS FOR MURDER.

MONDAY, FEB. 10.

I am, sir, very respectfully,

Your most obed't serv't,

G. M. DALLAS.

LANCASTER, Pa. Feb. 7. EARTHQUAKE, -About half past ten o'clock on Wednesday night last, we had something like the shock of an earthquake, attended with a considerable noise. The shaking of the houses was such, as in some instances, to extinguish lamps, and the people generally were so alarmed as to rush to the window, or into the streets. It did not exactly resemble former shocks of earthquakes which we have felt and heard, and we should be rather inclined to attribute it to the explosion of a quantity of gunpowder, were we aware that there was a sufficient quantity to produce the effect within the necessary distance.-Journal.

PITTSBURG.-Pittsburg is a port of entry, and shipbuilding has been carried on with spirit, even at the source of the Ohio. A curious incident, connected $19,330 3 with this subject was mentioned by Mr. Clay, on the floor of Congress. "To illustrate the commercial habits of the American people, he said he would relate an anecdote of a vessel built and cleared out at Pittsburg, for Leghorn. When she arrived at her place of destiThe Speaker laid before the House the following let-nation, the master presented his papers to the proper officer, who would not credit them; but said to him, ter from the Attorney General: To the Honourable the Speaker of the House of Repas Pittsburg in the world! Your vessel must be confisSir your papers are forged. There is no such place cated.'-The trembling Captain laid before the officer the map of the United States-directed him to the Gulf of Mexico-pointed out to him the mouth of the Mississippi-led him a thousand miles up to the mouth of the Ohio, and thence another thousand up to Pittsburg. There, sir, is the port where my vessel clear. ed out!' The astonished officer, before he had seen the map, would as readily have believed that this vessel had been navigated from the moon.

sentatives.

Sir-In answer to the resolution of the House of Representatives adopted on the 6th instant, to the effect that the Attorney General be requested to communicate information on certain points respecting prosecutions for Murder, I have the honour very respectfully to state,

First, That the 2d section of the act of Assembly, passed the 22d of April, 1794, entitled "An act for the better preventing of crimes and for abolishing the punishment of death in certain cases," designated the tribunal which shall determine, in a prosecution for murder; whether the crime be of the first or second degree-"The Jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree." Until, therefore, a prosecution for murder reaches the stage of trial, through all the preparatory proceedings of accusation, arrest, commitment, indictment and arraignment -the law does not contemplate, and there is no prac tice of which I am apprised, that the distinction between the capital and the inferior murder, should be assumed or settled.

Second, That I do not believe it to be, any where, a practice for the attorney of the commonwealth, "in all

MARIETTA, Feb. 6. Several of our citizens were somewhat alarmed between 10 and 11 o'clock last evening, by the occurrence of some phenomena which they attributed to a slight shock of an earthquake.

Another Soldier of the Revolution gone.-DIED, at his reisdence, in Mountjoy township, on the 22d Dec. Mr. ANDREW LITTLE, Sen., aged 85 years 1 month and 25 days.

One circumstance of his life has been somewhat singular; having lived all his days nearly upon the same spot; during 52 years of which he raised 11 children; all of whom he saw married, and never had a death in his own family-his eldest child being the first who died, at the age of upwards of 50 years.

HAZARD'S

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

VOL. XIII.-NO. 9.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, MARCH 1, 1834.

NO. 321

so well be maintained amidst the fluctuations of public opinion.

Influenced by motives originating in causes of this ponents of the improvement system united in a comand a kindred description, the advocates and the opmon effort to complete all the public works then under contract, and appropriated to that object all the funds then deemed necessary to effect their object as early as practicable. Circumstances of a nature detailed in the report of the Canal Commissioners, account for the disappointment which the public have experienced by the non-fulfilment of their expectations.

The Committee on Inland Navigation and Internal Improvement, Report:-The history of the last Session of the Legislature, exhibits a determination to complete all the canals and rail roads then under contract, at a period as early as possible, by appropriating all the means then deemed necessary to carry into effect that judicious design. The motives to this course were, obviously, to preserve the popularity of a system vast That the public works of the State have been retardin the extent of its views, as important in its anticipated in their progress, by the causes indicated, will not ed results-retarded in its progress by difficulties and be denied; that losses to a great amount have been the obstacles, which nothing but science, skill, patience result, and the effect of the losses discouraging to all, and perseverance could overcome at one time, inter- is certainly true; but it is equally so, that their march posed by the hand of nature, which wisdom could not has been steadily onward, and that every year we witforesee, prudence avert, or human power control. At ness the completion of parts of them which were not others, by injudicious legislation, and misplaced econo- completed in the preceding one. At this period of my; by the honest fears of those unfriendly to the time, we find one track of the Allegheny portage rail whole scheme, or the improvident measures adopted road has been extended from the western termination by the incautious confidence and ardent anticipations of of the Juniata division of the Pennsylvania canal to the its friends:-thus was the completion of the line of im- western base of the mountain barrier, and connected provements connecting the Ohio and the Delaware, to- with the eastern end of the western division of the cagether with the lateral branches, too long delayed. nal,-thus overcoming the most formidable interruption The dread of a burdensome State debt, the imposition to a cheap and uninterrupted communication between of a small tax on the estates and incomes of individuals, the east and the west. and the small amount of revenue which the improvements had yielded, in the shape of tolls, excited in the minds of many of our citizens far more uneasiness than was, in the opinion of your committee, called for by the circumstances of the case.

Reverting to the Susquehanna, we find one track of the Columbia rail road uniting (in addition to other links already completed and in use) that river with the commercial metropolis,-thus affording an additional channel of communication between the commerThat the limited amount of revenue obtained by the cial cities of the east, and the immense and teeming reState from these works, and the unavoidable and vexa-gions of the valley of the Mississippi and its tributaries. tious delays which had hitherto retarded their comple. It is true, that these roads are not finished. It is also tion, should excite the apprehensions of the wavering true, that, even in the imperfect state in which they and the timid, and the remonstrances of the unfriendly, will be found at the usual time of the opening of the is not calculated to excite surprise in a country govern- trade of the approaching season, they will afford the ed by laws enacted by the people, who are at once the means of greatly reducing the expenses of transportarulers and the ruled. Under despotic governments, the tion, and enable our merchants to compete more sucwill of the sovereign is the only law, and must be obey- cessfully with our enterprising neighbours, in their ed. There, the revenues of the State may be directed struggle for that trade; while the produce of the west to the accomplishment of such measures as he may ap- will have the advantage of a ready and cheap transporprove: the opinion of the subject is disregarded, and tation to an eastern market. At Philadelphia, the selhis voice unheard;-and whether his projects are dic- ler of produce will have, on either hand, the means of tated by wisdom or by folly; whether they subserve the access to the markets of New York and Baltimore, if interests of his people, his lust of conquest, or his as- they should present greater temptations for sale or purpirations for glory and renown, they are prosecuted to chase, of which he may avail himself, or dispose of and completion, or defeated for want of power or inadequa- exchange his produce where he is, and supply himself cy of means. Under our better system of government, with those he may need. Nor should it excite any surwhere the humblest citizen participates in the govern- prize if produce and merchandize should hereafter pass ment of the land in which he lives, and the disposal of between New York and Pittsburg, by the canals and its revenues, the voice of public opinion must be heard; rail roads of this State and those of New Jersey, espeand whether its mandates lead to evil or to good, they cially at some seasons of the year. But until both tracks cannot, ought not, dare not be disregarded! Whether of these rail roads shall have been completed, and all the the one or the other form of government be the best, facilities which can subserve to make them useful in the it cannot be necessary to determine—happily, that is most extended sense of the term, they cannot offer to already done; but under our system, excellent as it is, the passing trade all the advantages they are calculated and attended with advantages not always duly appre-ultimately to afford-nor, even then, can the Commonciated, there are, also, inconveniences; and, in the case under review, that steadiness of purpose and perseverance in action, so essential to ultimate success, cannot VOL. XIII.

wealth reasonably expect to realize at once the amount of revenue, which, it would be scepticism to doubt, may or will be derived from them. The disposition of

The amount of the capital stock actually paid into the funds of the Company, on 5,000 shares, is

The Company owed, on'convertible Loan certificates, and balances in favor of sundry persons

The balance of profit and loss account, in favor of the Com.

pany, for the year ending on

the 31st December, 1832, was 30,639 18 From which has been

15,072 00 16,511 40

To which add the balance of profit and loss per statement of the business of 1833, to November 30th,

Deduct expenditures in driving drifts and tunnels, in 1832 and 1833, $5,568 96; and other improvements of Real Estate 270 75

14,127 78

20,027.29

34,155 07

5,839 71

cases of homicide including such as are clearly supposed . to be no more than manslaughter," to indict for mur$149,750 06 der.

28,315 36

$256,968 39

Which still leaves a balance to the credit of profit and loss, of

Your most obed't serv't,

G. M. DALLAS.

LANCASTER, Pa. Feb. 7. EARTHQUAKE.-About half past ten o'clock on Wednesday night last, we had something like the shock of an earthquake, attended with a considerable noise. The shaking of the houses was such, as in some instances, to extinguish lamps, and the people generally were so alarmed as to rush to the window, or into the streets. It did not exactly resemble former shocks of earthquakes which we have felt and heard, and we should be rather inclined to attribute it to the explosion of a quantity of gunpowder, were we aware that there was a sufficient quantity to produce the effect within the necessary distance.-Journal.

PROSECUTIONS FOR MURDER.
MONDAY, FEB. 10.

The Speaker laid before the House the following let-nation, the master presented his papers to the proper ter from the Attorney General:

To the Honourable the Speaker of the House of Rep

sentatives.

Sir—In answer to the resolution of the House of Representatives adopted on the 6th instant, to the effect that the Attorney General be requested to communicate information on certain points respecting prosecutions for Murder, I have the honour very respectfully to state,

First, That the 2d section of the act of Assembly, passed the 22d of April, 1794, entitled "An act for the better preventing of crimes and for abolishing the punishment of death in certain cases," designated the tribunal which shall determine, in a prosecution for murder; whether the crime be of the first or second degree-"The Jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, ascertain in their verdict whether it be murder of the first or second degree." Until, therefore, a prosecution for murder reaches the stage of trial, through all the preparatory proceedings of accusation, arrest, commitment, indictment and arraignment -the law does not contemplate, and there is no practice of which I am apprised, that the distinction between the capital and the inferior murder, should be assumed or settled.

Second, That I do not believe it to be, any where, a practice for the attorney of the commonwealth, "in all

officer, who would not credit them; but said to him, Sir your papers are forged. There is no such place as Pittsburg in the world! Your vessel must be confiscated.'-The trembling Captain laid before the officer the map of the United States-directed him to the Gulf of Mexico-pointed out to him the mouth of the Mississippi-led him a thousand miles up to the mouth of the Ohio, and thence another thousand up to Pittsburg. There, sir, is the port where my vessel clear. ed out!' The astonished officer, before he had seen the map, would as readily have believed that this vessel had been navigated from the moon.

MARIETTA, Feb. 6. Several of our citizens were somewhat alarmed between 10 and 11 o'clock last evening, by the occurrence of some phenomena which they attributed to a slight shock of an earthquake.

Another Soldier of the Revolution gone.-DIED, at his reisdence, in Mountjoy township, on the 22d Dec. Mr. ANDREW LITTLE, Sen, aged 85 years 1 month and 25 days.

HAZARD'S

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

VOL. XIII.-NO. 9.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, MARCH 1, 1834.

NO. 321

so well be maintained amidst the fluctuations of public opinion.

and a kindred description, the advocates and the opInfluenced by motives originating in causes of this ponents of the improvement system united in a common effort to complete all the public works then under contract, and appropriated to that object all the funds then deemed necessary to effect their object as early as practicable. Circumstances of a nature detailed in the report of the Canal Commissioners, account for the disappointment which the public have experienced by the non-fulfilment of their expecta tions.

The Committee on Inland Navigation and Internal Improvement, Report:-The history of the last Session of the Legislature, exhibits a determination to complete all the canals and rail roads then under contract, at a period as early as possible, by appropriating all the means then deemed necessary to carry into effect that judicious design. The motives to this course were, obviously, to preserve the popularity of a system vast That the public works of the State have been retardin the extent of its views, as important in its anticipated in their progress, by the causes indicated, will not ed results-retarded in its progress by difficulties and be denied; that losses to a great amount have been the obstacles, which nothing but science, skill, patience result, and the effect of the losses discouraging to all, and perseverance could overcome at one time, inter- is certainly true; but it is equally so, that their march posed by the hand of nature, which wisdom could not has been steadily onward, and that every year we witforesee, prudence avert, or human power control. ness the completion of parts of them which were not others, by injudicious legislation, and misplaced econo- completed in the preceding one. At this period of my; by the honest fears of those unfriendly to the time, we find one track of the Allegheny portage rail whole scheme, or the improvident measures adopted road has been extended from the western termination by the incautious confidence and ardent anticipations of of the Juniata division of the Pennsylvania canal to the its friends:-thus was the completion of the line of im- western base of the mountain barrier, and connected provements connecting the Ohio and the Delaware, to- with the eastern end of the western division of the cagether with the lateral branches, too long delayed. nal,-thus overcoming the most formidable interruption The dread of a burdensome State debt, the imposition to a cheap and uninterrupted communication between of a small tax on the estates and incomes of individuals, the east and the west. and the small amount of revenue which the improvements had yielded, in the shape of tolls, excited in the minds of many of our citizens far more uneasiness than was, in the opinion of your committee, called for by the circumstances of the case.

Reverting to the Susquehanna, we find one track of the Columbia rail road uniting (in addition to other links already completed and in use) that river with the commercial metropolis,-thus affording an additional channel of communication between the commerThat the limited amount of revenue obtained by the cial cities of the east, and the immense and teeming reState from these works, and the unavoidable and vexa- gions of the valley of the Mississippi and its tributaries. tious delays which had hitherto retarded their comple. It is true, that these roads are not finished. It is also tion, should excite the apprehensions of the wavering true, that, even in the imperfect state in which they and the timid, and the remonstrances of the unfriendly, will be found at the usual time of the opening of the is not calculated to excite surprise in a country govern- trade of the approaching season, they will afford the ed by laws enacted by the people, who are at once the means of greatly reducing the expenses of transportarulers and the ruled. Under despotic governments, the tion, and enable our merchants to compete more sucwill of the sovereign is the only law, and must be obey. cessfully with our enterprising neighbours, in their ed. There, the revenues of the State may be directed struggle for that trade; while the produce of the west to the accomplishment of such measures as he may ap- will have the advantage of a ready and cheap transpor prove: the opinion of the subject is disregarded, and tation to an eastern market. At Philadelphia, the selhis voice unheard;-and whether his projects are dic-ler of produce will have, on either hand, the means of tated by wisdom or by folly; whether they subserve the interests of his people, his lust of conquest, or his as pirations for glory and renown, they are prosecuted to completion, or defeated for want of power or inadequacy of means. Under our better system of government, where the humblest citizen participates in the government of the land in which he lives, and the disposal of its revenues, the voice of public opinion must be heard; and whether its mandates lead to evil or to good, they cannot, ought not, dare not be disregarded! Whether the one or the other form of government be the best, it cannot be necessary to determine-happily, that is already done; but under our system, excellent as it is, and attended with advantages not always duly appreciated, there are, also, inconveniences; and, in the case under review, that steadiness of purpose and perseverance in action, so essential to ultimate success, cannot VOL. XIII.

access to the markets of New York and Baltimore, if they should present greater temptations for sale or purchase, of which he may avail himself, or dispose of and exchange his produce where he is, and supply himself with those he may need. Nor should it excite any surprize if produce and merchandize should hereafter pass between New York and Pittsburg, by the canals and rail roads of this State and those of New Jersey, especially at some seasons of the year. But un'il both tracks of these rail roads shall have been completed, and all the facilities which can subserve to make them useful in the most extended sense of the term, they cannot offer to the passing trade all the advantages they are calculated ultimately to afford-nor, even then, can the Commonwealth reasonably expect to realize at once the amount of revenue, which, it would be scepticism to doubt, may or will be derived from them. The disposition of

men to frequent long established marts, and to travel ed limited, and still limits, in some parts of that State, to them on the beaten path, is not suddenly overcome. the range of agricultural exertion, those products freOld habits not readily abandoned; old associations not quently reach the market of New York in an injured easily broken up; a sudden transition from one course condition, which unfits them to bear the scrutiny of the to another, can only be induced from powerfully inter- inspector. It is, therefore, not calculated to excite suresting motives. The waggoner reluctantly abandons prise, that, long since, the Legislatures of both States, his old calling; the trader is frequently interested in the foreseeing, though not then experiencing the evils employment of the waggoner. The rail road system of since felt, should concur in the adoption of measures travel is not fully adapted to the demands of a trade, leading to a consummation so desirable to both. Ac the extent of which can only be determined by its own cordingly, on the 10th of January, 1827, the Legisla development. Delays occur, discontent ensues, the ture of that State passed an act, entitled An act to inparts of the system are not in harmony with each other, corporate the Pennsylvania and Ohio canal company, -gradually, however, they all become adjusted to each which act was approved and ratified by the Legislature other; the system is formed and completed, and moves of Pennsylvania, by an act passed on the 14th of April harmoniously, and hand-in-hand with the demands made of the same year. The operation of these acts is limitupon it. The smaller asperities are smoothed down,-ed to ten years, three of which are unexpired. The gradually, the old disappears and the new takes its adoption of prompt and vigorous measures will enable place; and as the keel boat has been displaced by the the citizens of both States to avail themselves of the steam boat, on the waters of the west, so will (but not immense advantages which will inevitably result from to the same extent) the waggon disappear, and be dis- making a connexion, opening into a field of trade, the placed by the rail road car on the line of the rail road. extent and advantages of which can be conjectured, To secure to the public the earliest use of the facili- but not justly appreciated; affording to the citizens of ties thus at hand; to remove all doubts as to their sta- both States a more extended and profitable use of their bility, and every fear of any interruptions in the chan-improvements, an increased revenue, and a more genernels of trade, which might arise from a temporary de-al and advantageous employment for the individuals enficiency of water in any of the canals; to secure them gaged in it. It will not be presumed fair to infer, notagainst the risk of accidents, arising from any and every withstanding the powerful motives which should influcause obedient to human control, is at once consistent ence this State in desiring this connexion, that its with the dictates of common sense, and the most refin funds should be invested in a work to be made beyond ed policy. Nothing is so well calculated to mar the the limits of its jurisdiction; but this objection, however prospect of a speedy and ample revenue from these sound it may be, will not apply to the due encourageworks, as occasional interruptions, arising from a doubt ment, by the stimulus of a guarantee of interest on of their being fully supplied with water, and of course, stock invested in it by individuals for a limited time, to nothing so likely to inspire and sustain public confi- be repaid when the interest on the capital invested dence, as a certainty of the reverse. If these views are should exceed a given rate per cent. While on this correct, the appropriations for the construction of fee-subject, your committee will indulge themselves in maders or reservoirs, from which copious supplies of wa-king a passing inquiry, arising out of those which have ter may be drawn into the canals, in aid of the ordinary sources of supply, in seasons of scarcity, should be liberally granted. It cannot be necessary to insist upon this point farther than to say, that it is essential to the ultimate prosperity and success of the whole system. It is not intended by these remarks, to cast any censure on the agents of the public, or to intimate a suspicion that the subject has been neglected, or a want of foresight evinced by them; but they are dictated by an excusable anxiety to prepare to meet the demands of a trade, the extent of which cannot be foreseen or cal-contingencies, and to such companies a certain amount culated.

preceded it, as one worthy of more Legislative attention than they can now bestow upon it, viz: Whether it is not consistent with the public interest to improve the State by rail roads and canals, by means of incorporated companies of individuals of its own citizens, investing their own funds, and laboring for the promotion of their own interest. Chartered with sufficient safeguard to individual rights and public security, ensuring to the State the due fulfilment of their engagements, the right of revocation of their charters under certain

who, from motives arising from local, political or personal causes, are interested in thwarting their execution or hindering their success.

of interest for a term of years, or until the profits of the The importance of a connexion of the Ohio and the work should render it unnecessary, and providing for Pennsylvania canals, is too obvious to need a very the re-payment of whatever amount might be expended elaborate argument. The public mind has become under the provisions of the guarantee, would not be a fully awake on this subject, and the importance, and better method, in most cases, than the one now pureven necessity of availing ourselves of the means in our sued. One advantage, at least, would result from the power to effect it, is justly appreciated by the patriotic adoption of such a plan in cases where strong motives and the discerning in both States. Public opinion and of public interest do not require a different one. The legislative effort had long slumbered, as if unconscious present system requires a confidence in the agents of that such a connexion was within the range of practica. the public, which, whether merited or not, is perhaps bility or usefulness; but that slumber could not con- too frequently withheld; and the important duties intinue. It is broken. While the loss of much of the cumbent upon them, must frequently be performed untrade of the State of Ohio was, and is felt and acknow-der the vigilant, jealous and suspicious eyes of those ledged by the merchants of Philadelphia, and fast leaving them to add to the vast trade of a rival city, and her already jus ly boasted commercial pre-eminence; while western Pennsylvania found successful competi tors in the manufactures of that country, from a quarter with which they had not hitherto found it necessary to contend, and with whom, they could, by means of this connexion, successfully compete, if not exclude the citizens of Ohio were fully sensible to the inconvenience, delay and disappointment, they frequently experienced in getting to another market, more distant, more interrupted than the desired one; the risks to which their property is exposed in crossing a lake, whose Should these views, on which less reflection and study waters are equally agitated by the winds, and equally, have perhaps been bestowed than they merit, be adoptif not more dangerous to navigation, than those of the ed, it would be necessary never to lose sight of one esAtlantic ocean, While the circumstances just mention-sential reservation-the right of the State to purchasing

our predecessors, nor on the general features of the These remarks are not intended to imply censure on plan now pursuing in the execution of the magnificent project now approximating to final completion. The result of an attempt to carry into effect an undertaking of such magnitude by any other means than the resources and credit of a powerful State, could only have been failure, procrastination and defeat.

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Hazard's Register of Pennsylvania, Volume 13