3 Geo. M. Dallas, attorney general ib. criminal statistics of York co. from 1828 to 1833 366 address of Supreme Court to Gen. Washington Academy, addresses before 266 289 322 337 history of the land titles of Pennsylvania from its 258 ing wheels 240 142 288 297 334 368 Ohio and Pennsylvania Canal, union of, report to 365 379 270 Oration, J. M. Scott's 4th July, 91. Law Academy 337 97 Lehigh coal trade 143 Leslie, Charles R., appointed teacher of drawing John Sergeant, on death of Charles Carroll 177 207 at West Point arrives, correspondence with Pascalis, Dr. F. A., Biography 123 304 Paxton Boys,interesting description of scenes in Lewis, Ellis, attorney general, opinion on great Philadelphia 9 108 Penitentiary, Western, report 242 do., case of Baldwin and Columbia Penn Wm. justification of 113 176 celebration of landing, address by P. S. Duponceau 312 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 Lime spreader, a new invented 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 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 41 88 48 111 proceedings of Reform Convention M resolution of Legislature respecting 270 Chesapeake and Ohio canal 160 Pennsylvania, report on Revised Code 129 145 161 Philadelphia, amount of collections for Cumber- Northampton, sketches of part of and Lancaster, proposed 303 remonstrance against market house 72 87 history of the land titles and of improv ments in 87 160 of the country 297 305 326 340 359 fices previous to 1765 dimensions of bells and wane on corner stone of commissioners' hall mail between Philadelphia and 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 Pettit, Judge, charge, case of trespass 407 1 do. of references 379 a lot entered by West Philadel. 116 126 143 256 153 report of committee of improve- ments on Schuylkill persons to be appointed to examine it petition from Baptist church for Ar- sales of real estate in 186 186 wharf on Schuylkill for the use of report of purchase of wood by the sales of real estate 28 29 30 208 meteorological observations 32 87 160 170 do general Board of Trade formed 251 257 255 219 352 288 47 47 47 48 arrivals, clearances and tonnage 256 256 256 256 48 Reports; of Western Penitentiary, inspectors, war- T den, physician, and a list of prisoners 242 Tables, showing the number of students, work done, value, &c., at La Fayette College 197 sioners to Legislature of Ohio 265 of Trustees of Allegheny College on ma- of the number, power, and coal used by 314 273 to councils, on a new system of police for of the criminal statistics of York co. from 366 of committee of Warren Convention on of Union Benevolent Association, 2d annual 316 state 347 374 347 annual, of Union Canal Company Tamaqua, described Tobacco, anti-society formed in Philadelphia, from Kentucky, passes on Pennsyl- sengers, and tolls on the Pennsylvania 407 30 224 53 62 111 30 13 vania canal of state treasurer on finances 365 160 Tolls on Pennsylvania canal 63 96 141 143 240 256 of committee of the Bank U. S. on removal 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 249 Turnpike companies meet at Bedford to equal- 136 S scended 29 31 Union, Agricultural society exhibition 333 316 14 347 143 county, taxables in township poor admitted 304 15 United States Bank-(see B. U. S.) Tamaqua described sketches of coal region 30 Van Campen, Moses, biography 39 224 large sale of coal lands in 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 Waynesburg, meeting at, to form a new co. 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 106 32 Snakes fed by a child 143 early winter at 288 Somerset, destructive fire at 280 early snow 303 Spirits, ardent, opinion of College of Physicians, 1787 7 Wheat, remarkable in Crawford co. 208 Wilkesbarre, meeting of mechanics and manufac- 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 struck with lightning 111 size of balls 224 Wood, comparative prices of, at Philadelphia and Germantown 416 Susquehanna River, trade of 15 83 138 described proposals for navigating with and Lehigh Rail road report of H. Colt 61 Y York co. Barrens described 260 Statistics of crime and pauperism in 1828 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 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, Joseph Rusling, George Thumlert, Alexander Ran- 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 |