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3

Geo. M. Dallas, attorney general

ib.

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criminal statistics of York co. from 1828 to 1833 366
-convictions in Berks co. court

address of Supreme Court to Gen. Washington
in 1789

Academy, addresses before 266 289 322 337
Report on a new system of police for Philadel'a 280
opinion of attorney general on the right to bring
suits against agents of the state for wages, &c. 285
Burr vs. Danville Bridge Co. Damages for use
of patent

history of the land titles of Pennsylvania from its
first settlement
[See next vol.]
land offices and decisions
305 326 340 359
opinion of J. R. Ingersoll and Geo, M. Wharton
on illegal commitments by justices; and their
powers

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258

ing wheels
Monongahela River, survey of

240

142

288

297

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334

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368

Ohio and Pennsylvania Canal, union of, report to
Warren Convention

365

379

270

Oration, J. M. Scott's 4th July, 91. Law Academy 337
J. R. Ingersoll's, at Easton

97

Lehigh coal trade

143

Leslie, Charles R., appointed teacher of drawing

John Sergeant, on death of Charles Carroll 177
Orr, Robert, Judge, death and biography of

207

at West Point

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arrives, correspondence with
artists

Pascalis, Dr. F. A., Biography

123

304

Paxton Boys,interesting description of scenes in

Lewis, Ellis, attorney general, opinion on great
dam

Philadelphia

9

108

Penitentiary, Western, report

242

do., case of Baldwin and Columbia
and Philadelphia Rail Road
opinion on right to bring suits against

Penn Wm. justification of

113

176

celebration of landing, address by P.

S. Duponceau

312

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proclamation of seating lands

344

Lewisburg, cross cut canal, celebration

313

letter from, to Friends in Penn'a, 1704 363

Libraries of Philadelphia, and number of volumes

87

Pennsylvania, sketches of 37, 41, 55, 65, 73, 83, 103

Library of Foreign Literature, report

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Lime spreader, a new invented

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Lithotrity, performed by Dr. Rando'ph

88

ers and shares

41 58

feeder

Longevity, instances of

Livermore, Alonzo, opinion as to French Creek

Loans, state, names of foreign stockholders
Logan, origin of the Indian name of

Lunatic asylum, annual report, rules, &c.

Luzerne co, snakes fed by a child in

Lykens Valley, coal region described

Mad River and Lake Erie Rail Road

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41 88

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48 111

proceedings of Reform Convention

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M

resolution of Legislature respecting

270

Chesapeake and Ohio canal

160

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Pennsylvania, report on Revised Code 129 145 161 Philadelphia, amount of collections for Cumber-

Northampton, sketches of part of
Indiana co. sketches of first settle.
ment of

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and Lancaster, proposed

303

remonstrance against market house 72
libraries of, and No. of vols.

87

history of the land titles and of
fices. &c. from the first settlement

improv ments in

87 160

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of the country 297 305 326 340 359
practice and customs of the land of

fices previous to 1765

dimensions of bells and wane on

corner stone of commissioners' hall
Moyamensing, laid

mail between Philadelphia and
Pittsburg, in 1788

Board of Health complain of Logan

Crist church steeple

112

112

ib.

63 96 141 143 240 256

square, &c. as nuisance

petition of Samuel Guss respecting

116

tables shewing the quantities of each
article, and passsengers and toll
on the

Pettit, Judge, charge, case of trespass

407

1

do.

of references

379

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a lot entered by West Philadel.
phia canal Co.

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116

126

143 256

153

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report of committee of improve-

ments on Schuylkill
ordinance for government of Wills'
Hospital, reported

persons to be appointed to examine
and report on the condition of
Fair Mount dam, and measure
quantity of water flowing over

it

petition from Baptist church for Ar-
gand lamps, city to find oil
funds distributed to Fire companies
tow-steamboat arrives

sales of real estate in

186

186

wharf on Schuylkill for the use of
it, and report and resolution

report of purchase of wood by the
city, for the poor

sales of real estate

28

29

30 208

meteorological observations 32 87 160 170

do general
imports and exports of cotton
names of watering committee
John Swift, re-elected Mayor
account of the reception of General
Washington at, in 1789, decora-
tion of Gray's garden, addresses
of public bodies

Board of Trade formed

251 257

255

219 352 288

47

47

47 48

arrivals, clearances and tonnage
inspections of flour and meal
quantity of flour by Schuylkill river
election of commissioners of Southw.
addresses of the mayor, &c. and

256

256

256

256

48

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Reports; of Western Penitentiary, inspectors, war-

T

den, physician, and a list of prisoners 242 Tables, showing the number of students, work done,
Ohio and Pennsylvania Canal Commis-

value, &c., at La Fayette College

197

sioners to Legislature of Ohio

265

of Trustees of Allegheny College on ma-
nual labour system

of the number, power, and coal used by
steam engines at Pittsburg

314

273

to councils, on a new system of police for
Philadelphia

of the criminal statistics of York co. from
1828 to 1833

366

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of committee of Warren Convention on
route for junction of Ohio and Pennsyl- -
vania Canal

of Union Benevolent Association, 2d annual 316
second annual, of La Fayette College 320
annual, of Library of Foreign Literature 346
of auditor general, on the finances of the

state

347 374

347

annual, of Union Canal Company
of premiums awarded by Franklin Institute 353
of committee on Will's Hospital, descrip-
tion of building, cost, &c.

Tamaqua, described
Taxables in Venango county
Temperance Convention, proceedings
Tioga county, coal discovered
mines at Blossburg

Tobacco, anti-society formed in Philadelphia,
constitution, &c.

from Kentucky, passes on Pennsyl-

sengers, and tolls on the Pennsylvania
Canal, for 1833

407

30

224

53

62 111

30

13

vania canal

of state treasurer on finances

365
380

160

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Tolls on Pennsylvania canal 63 96 141 143 240 256
convention of turnpike companies to

of committee of the Bank U. S. on removal
of deposites

equalize

136

391

Tomato, large

272

Revolutionary adventures

47 49

Tornado in Lancaster county

32

Robinson, Moncure, on bite of rattlesnake

112

Rush, Dr. Benjamin, anecdotes of

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249

Turnpike companies meet at Bedford to equal-
ize tolls

136

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S

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scended

29

31

Union, Agricultural society exhibition
Benevolent society, annual report
canal, produce sent to Middletown in 1831
Company, annual report

333

316

14

347

143

county, taxables in township

poor admitted

304

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15 United States Bank-(see B. U. S.)

Tamaqua described

sketches of coal region

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30

Van Campen, Moses, biography
73 Venango county, taxables in

39

224

large sale of coal lands in

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Scott's legacy, premiums awarded

264

Co, large products of corn to acre

313

Sergeant, John, eulogy on Charles Carroll

Wayne, Gen. Anthony, Biography

173

177

Shippen, Judge, opinion on trial for firing cannon
on 4th July

Waynesburg, meeting at, to form a new co.
Weight, extraordinary, of Jesse Fell

303

144

247

Silk, sewing, made in Erie co.

Weights and measures, Bill on

161

223

Mr. D'Hommergue encouraged in France

304

West, B. F. account of Columbia Rail Road
West Chester, remarkable health of

106

32

Snakes fed by a child

143

early winter at

288

Somerset, destructive fire at

280

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early snow

303

Spirits, ardent, opinion of College of Physicians, 1787 7 Wheat, remarkable in Crawford co.
proceedings of Temperance Convention 51

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208

Wilkesbarre, meeting of mechanics and manufac-
turers on sale of foreign articles

296

304 305

Willow tree, remarkable in Berks co.

255

240

Willsborough, coal discovered

111

262

Wilson, Rev. Dr. J.P. latin epitaph

255

63

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struck with lightning

111

size of balls

224

Wood, comparative prices of, at Philadelphia and

Germantown

416

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Susquehanna River, trade of

15

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83 138

described

proposals for navigating with
steamboat 198 213 252 260
address and memorial to con.
gress
dam, att. general's opinion respecting 108

and Lehigh Rail road report of H. Colt 61

Y

York co. Barrens described

260

Statistics of crime and pauperism in 1828
to 1833

21

366

314

366

REGISTER OF PENNSYLVANIA.

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

EDITED BY SAMUEL HAZARD.

407

VOL. XII.-NO. 1.

30

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PHILADELPHIA, JULY 6, 1833.

IMPORTANT TRIAL.

A Report of the following trial has been issued in a pamphlet form, containing the testimony adduced which, as the material facts are interwoven with Judge Pettit's charge, now inserted, we deem it unnecessary to publish, referring those who wish to see more of the details of the case to the pamphlet itself. This trial excited a good deal of interest, and continued about twenty-one days.

In the District Court for the city and county of Philadelphia, before Thomas M. Pettit, Judge, and a special jury, to wit: George Adolph, James H. Cresson, Jeremiah Boone, Sansom Perot, Leopold N. Wykoff, William Kinsey, John Newman, Nathaniel Brannin, Andrew Fenton, Jacob Hummell, James D. Pratt, and Paul Jones.

Anthony Shermer,

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Joseph Rusling, George Thumlert, Alexander Ran-
kin, Enoch Burnett, William Mager, Benton Costin,
Thomas Mullin, Frederick Reel, John G. Wolf, John
Gable, Abel Matthias, Isaiah Wharton, Jacob Zeigler,
William Thomas, William Thomas, No. 2, Frederick
Steinman, Benjamin Butterfield, John Little, Samuel
Rinedollar, and Josiah Eadle.

JUDGE PETTIT'S CHARGE.

JUDGE PETTIT, after adverting to the patient attention of the jury, and the able arguments of the counsel, proceeded to deliver his charge, substantially as follows:

This, gentlemen of the jury, is an action of trespass on the case brought by Anthony Shermer against Joseph Rusling and eighteen other defendants. It is necessary, in order to arrive at a sound decision, that the precise case presented by the pleadings should be kept distinctly in view.

The plaintiff alleges, in his declaration, first, the existence of a corporation called "The St. John's Street Methodist Episcopal Church in the City and County of Philadelphia"-secondly, that he was a member of that corporation; and thirdly, that he was a leader of a class in the congregation, according to the rules and discipline established by said corporation.

NO. 288.

taking issue on the merits; but as they had waived that course, I would at present hold the law to be in favour of the plaintiff, so that a full decision on the merits of the cause might be had, while the defendant would have the benefit of a review of the law hereafter, in will take the case therefore to be clear of all embarrasscase your verdict should be for the plaintiff. You ment of that kind. Should it become necessary the court will hereafter look to this question.

Before entering into the main case, allow me to make some general remarks which I deem applicable to the subject.

It is a universal rule, that wherever the legal rights of one individual are invaded by another, the law will furnish a remedy by suit or action. A plaintiff is not required to show as essential to a recovery, that the precise case has occurred before. If he has been deprived of a legal right, if he has sustained a civil injury, he will find a remedy in the law, although it should happen that a like case is not to be found in the law books.

The right of the citizen to worship Almighty God according to the dictates of his conscience, is a natural and indefeasible one, and is recognised and unalterably established by the constitution of our commonwealth. As no man can of right be compelled to join any religious society, or to maintain any ministry against his consent, so no man can be prohibited from leaving any religious association which he has voluntarily joined, on his complying with the conditions which he had himself agreed to by the act of becoming a member. That there might be no possible misapprehension on this subject, it is declared to be one of the great and essential principles of free government, that no human au thority can in any case whatever control or interfere with the rights of conscience.

While this is the rule as to individuals, corporations for religious purposes also have their rights; as they are created by the law, so they are authorised to do every thing needful for their good government, not repugnant to the constitution and laws. In this country, religious societies are not only tolerated by the law, but in the faithful exercise of their powers, and in the honest enjoyment of their privileges, they are protected by it. In relation then to this plaintiff and these defendants, and the corporation referred to in the plaintiff's declaration, the law of the land is equal and just.

This suit is certainly a peculiar one. I said early in He complains, first, that the defendants by unlawful the investigation that I could recollect no such case in and malicious conspiracy among them, had, did, unlaw-practice or in the books, and asked the counsel to refully, maliciously, and without any previous notice or fer to a precedent if one could be found. Their researchjust cause, remove him from his said office of class lea-es have not enabled them to produce it. Still, howder; secondly, that they did unlawfully, maliciously and oppressively, and without any just or reasonable cause, expel him from the said corporation; and thirdly, that they did by Joseph Rusling, openly and publicly in presence of the congregation, proclaim and declare that he was expelled from the said church.

For the injury thus alleged he claims damages. The defendants have pleaded not guilty. Whether this declaration sets forth a legal ground of action, is a question of some interest. The defendants' counsel were about to argue it, when I suggested that they could have raised the point on a demurrer before VOL. XII.

1

ever, if a wrong has been done to the plaintiff, if any of his legal rights have been taken away by the unlawful and malicious conduct of the defendants; I lay it down to you as a rule for your government, under the reservation already mentioned, that the law will give him redress.

The action is trespass on the case. The distinction is, that where the act complained of is an immediate wrong, against all forms of law, trespass vi et armis is the proper action; but where the forms of legal process are used, but used oppressively and maliciously, trespass on the case furnishes the appropriate remedy. In the first case the immediate act gives the party his action

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