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THE DAM ABOVE GREAT ISLAND.
who had suffered extensive injury from this source, I but all “other works necessary thereto.” Indepenfrankly confess, that I entered upon the consideration dent of this express provision the authority to construct of the questions proposed with a disposition by no means feeders and feeder dams would be implied--the power favorable to the structure in question, if found to be to construct canals carrying with it the incidental pow. without the sanction of the laws. But if the laws do er to construct all “other works necessary thereto." not condemn it, the case itself suggests an admonition There is nothing in any act of assembly limiting this against applying any authority or influence which authority, either in the place of location, or the heighth might be thought due to the opinion of the Law offl. of the dams. These, in the construction of dams, to CER of the commonwealth, to a purpose of mere expe. supply the canal with water, are left to the discretion of diency not within the duties of a LEGAL ADVISER. the canal commissioners. In making it the duty of the
In accordance with your suggestion, I have referred commissioners to complete as soon as practicable, "ac, to the proceedings of the Board of Canal Commission cording to the route neretofore determined upon and ers on the subject, and find, page 1064 of their journal, approved," “the Lycoming line of the West Branch under date of the 12th of April last, the following en Division of the Pennsylvania Canal, including the Lewtry:
isburg cross cut," the act of 16th February, 1833, only * Mr. Mitchell submitted for the consideration of the intended to confine them to the “ route” of the canal Board, the following resolutions.
itself, as originally authorized by law, and not to such “Resolved, That the principal engineer on the up “other works necessary thereto," as originally dependper portion of the Lycoming line of the West Branch ed and continued to depend upon the judgment of the division be directed to locate and construct a Dam and canal commissioners. The bridges, and culverts, the a Sluice in the river above the Great Island, at or near feeders, &c. still remained under the control of the the head of a small island nearly opposite to Dr. Hen- commissioners, to be altered, modified, or dispensed derson's brick house in Lycoming county, ror THE with, as circumstances might justify. There is nothing PORPOSE OF SUPPLYING THE SAID CANAL WITH WATER. in this act which requires them to continue the exis
“Resolved, that the superintendent on the West tence of a feeder, extending four miles and fifty-six Branch division, be directed to immediately advertise perches above Bald Eagle, and beyond the highest for proposals for the construction of a feeder dam and point of extension prescribed by law for the Lycoming sluice in the river, and guard lock in the canal above line of the CANAL. Granting, for the sake of the argument, the Great Island, on the plans and scites submitted and that the last section of the act last named, in probibitpointed out by the Principal Engineer on the line, and ing any “exlension" of the “ Jines” of “canal" or enter into four contracts for the completion of the same “ rail road," “beyond their present limits, as desig--say one for the construction of the mound, one for nated in the report of the canal commissioners of the the wier part of the dam-one for the sluice and one 1st November, 1832," forbids the extension of a feeder, for the guard lock. Plans and specifications of the as well as of the line of the canal, still it is clear that it work to be exhibited in his office five days previous to does not probibit the commissioners from diminishing the day of letting.”
the length of a feeder, which they, on further examina. And on the question will the Board agree to the tion, find to be unnecessarily long; nor are they forbid. said resolutions, the yeas and nays were required and den to dispense with such feeder altogether, if the line are as follows.
of the canal can be constructed to better advantage “ The yeas were Mr. Mitchell, and Mr. White, 2. without it. Upon this part of the case, I gave Mr. Mit“Nay, Mr. Clarke, President, 1.
chell an opinion on the ist of April last, from which I see "So the question was determined in the affirma- no reason to depart. Thus far, we have seen nothing, tire,”
in the whole proceeding which appears to have any reIn the foregoing proceedings there is nothing said lation whatever to the proposed connexion with Bald about forming a connexion with Bald Eagle-the work Eagle
. Thus far, then, there is nothing to bring the authorized by the preceding resolutions would form no dam in question within the purview of the third section such connexion when completed--the advertisement of of the act of 27th March, 1833, relative to forming that the superintendant, in pursuance of the resolutions, was connexion, and limiting the heighth of the dam to be. for proposals for erecting a feeder dam—the contract constructed for that purpose. herewiih produced is for a feeder dam—the specifica By the third section of the act last referred to, it is tion which accompanies the contract is confined entire provided that in forming the connexion of the Lycomly to the construction of the feeder dam-and the reso- ing line of the Pennsylvania canal with the Bald Eagle lution which authorizes the construction of the dam, at creek, as authorized by law, the canal commissioners the place designated, expressly states that it is " for may effect a connexion above the Great Island, if in the purpose of supplying the canal with water." As the their judgment it will combine utility with economy. canal commissioners have not been convicted of official Provided that the said alteration shall not cost more misconduct in a court of justice, or before the legisla- than the estimated amount of making the connexion ture, it seems reasonable to allow them the benent of with the mouth of Bald Eagle creek, as provided for by the rule which entitles them, in common with the hum- existing laws. And provided further that said alterablest in society, to be presumed innocent until proyed tion shall not be effected by raising
the dam to a greater guilty. For the present, then, it seems but just to heighth than six feet above low water mark.” presume, in the absence of evidence to the contrary, dam” here spoken of was not any dam which the Idegisthat they have made a true record of their proceedings lature had directed to be made for the purpose of formas they were required by law, and bound by their oaths ing the connexion. The mode of forming the connexto do that the dam is a feeder dam, and that it is as ion was left to the discretion of the canal commissionstated on their journal, ".
for the purpose of supplying ers. A connexion of the kind might be found without ihe canal with water.". If this be so, the only question a dam, but, from considerations of a local nature, it was arising, is, whether the canal commissioners are pro- taken tor granted that the one in question would be hibited from erecting a feeder dam-a dam " for the formed by means of a dam. There is nothing in this purpose of supplying the canal wilh water" at the place section, or in any other act of assembly, which enjuins where they have directed the one in question to be it upon the commissioners to erect a dam for the pur. constructed, I take this to be the only question, be pose of forming this connexion. The proper construccause if they erect a feeder dam, at the place proposed, tion of the last proviso in this section is, that if the alit must be of the heighth contracted for otherwise it teration be effected, by raising a dam for the purpose, will not throw the water into the canal. On this ques- no dam shall, for that purpose
, be raised
to a greater tion I have no doubt. The canal commissioners have heighth than six feet above low water mark. The an express authority, not only to construct the canal, I alteration proposed was not so important in the eyes of
the Legislature as supplying the canal with water. For pose of forming the proposed connexion, and the com. the latter purpose, they gave a power co-extensive with missioners, the better to disguise their object and the object in view, for the former they gave only a evade the proviso in the law limiting the heighth of the limited authority. Under this view of the subject, it dam, have merely changed its name, giving it the empty became a question for the consideration of the commis cognomen” of a "feeder dam” when in truth it is a con. sioners which of two plans was most conducive to the nexion dam, the whole proceedings would without doubt public interest, "combining utility with economy:" be a criminal violation of the law. The illegality, if it exist The erection of a dam not exceeding six feet above low at all, consists more in the motives than in the acts of the water mark, below the feeder dam; or the construction commissioners. If they have violated the law, in the of a cross cut from Bald Eagle into the river above the premises, the violation consists in the application of a feeder dam. It appears by the journal of the canal com. power given to them for one purpose to the accommissioners, page 1068, that the report of James D. plishment of another object for which they have no auHarris, Esq. engineer, containing estimates of the ex. thority so extensive. It is like the alleged unconstitutionpense of various plans of forming the connexion, was ality of the tariff laws. The opponents of the protective laid before the board. By this report it appears that a system admit that congress may lay duties for rerenue, connexion below the great Island by means of a dam but they deny the power of that body to lay duties for would cost $63,173 94_that a connexion above the the purpose of protecting domestic industry. Congress Great Island by means of a low dam would cost $62,- pass an act appearing on its face to be for the purpose 646 65—and that a connexion above the Great Island, of revenue, but arranged in all its details, in such a by means of a dain in the Bald Eagle, and a cross cut manner as to accomplish the supposed unauthorized into the pool of the feeder dam, would cost exclusive object of protection. Admitting their authority to be of a towing path bridge, $26,885 55, making a differ. thus limited, the violation would consist in the conceal. ence in favor of a low dam above the Great Island of ed motives of the members in the improper applica$527 29, and a still more important difference of tion of a lawful power to an object over which they $36,288 39, in favor of dispensing with a dam altogeth- have no such power. In cases of this kind, where the er, by making a cross cut into the pool of the dam al- violation depends upon the secret purposes of the perready directed to be constructed for the purpose of sons exercising the authority, it is not competent forthe supplying the main canal with water." The commission courts to pronounce the act void for want of authority. ers adopted the latter plan, as appears by the following Nor is it competent for the Auditor General to reject entry on pages 1068–9 of their journal, and under date the vouchers offered by the superintendent, in the preof the 12th of April aforesaid.
sent case, for want of proper motives in the commis. “ On motion, the following preamble and resolution sioners who have directed the expenditure, because were then unanimously adopted.
there is no want of authority here. They have kept “Whereas, by the act of 27th March, 1833, the ca- within the limits of their powers. If there is any thing nal commissioners are authorized to effect a connexion wrong it is in the abuse of an authority unquestionably of the Lycoming line of the Pennsylvania canal with the confided to them, and not in any attempt to exercise a Bald Eagle creek above the Great Island, if in their power not confided. Whenever any officer, authorizopinion it will combine utility with economy—and pro ed to disburse the money of the state, transcends his vided that said connexion shall not cost more than the authority, the public must look to the Auditor General estimated amount of making the connexion with the to guard their finances, and to arrest the expenditure. mouth of Bald Eagle creek. And whereas, by the es- But where the law has entrusted a discretionary au. timate of the Principal Engineer on the line dated 6th thority, over a particular subject, to a certain body of day of April, inst. it appears that the cost of connecting men, so long as they keep within the limits of the power with the mouth of Bald Eagle creek, is $63,173 94, and confided, the Auditor General can administer no relief the cost of connecting with the said creek above the against its improper exercise. It is not his duty to arGreat Island without a towing path bridge is $26,885 55 raign their motives and to treat their acts as void, on ---and the canal commissioners being of opinion that the ground of a supposed abuse of a reposed authority. the connexion above the Great Island will, in the words Drawing their authority from the same source with the of the law, combine utility with economy. Therefore, Auditor General, they must answer for all abuses to Resolved, that the superintendent of the West Branch the common superior—the representatives of the peodivision, be directed to immediately advertise for pro- ple. If the canal commissioners have changed the loposals for the construction of a canal with the necessary cation of the feeder dam for the purpose of evading the works thereto attached, to connect the Lycoming line law relative to the Bald Eagle connexion, I know of no of the Pennsylvania canal with the Bald
Eagle creek, remedy in the Accountant Department. If an officer agreeably to the location and plans which are hereby execute a writ, issued in pursuance of a judgment apadopted, made by the Principal Engineer on the line, pearing on the record to be within the jurisdicand extending from the river near Dr. Henderson's tion of the tribunal rendering the judgment, it is a jushouse, to Murdock's ripples
, on the Bald Eagle creek. tification to him, notwithstanding the court may bave Plans of specifications of the work to be exhibited at abused its authority, or may have had in view the his office five days previous to the day of letting.” accomplishment of improper or rather proper but un
This preamble and resolution appears to be a separate authorized objects. So if the superintendant have disact, having no connexion with the resolution for con- bursed the public money, in pursuance of directions structing the feeder dam, adopted at a different time, from the superior agents of the commonwealth, and although on the same day, acted upon after intervening those directions appear, upon their face, to be within business, appearing in the journal four pages apart from the scope of the authority confided to his superiors, it is the first resolution, and adopted unanimously by the a justification to the former
, notwithstanding the latter board, while the first was carried by a majority only. may have had an unauthorized object in view in giving Taking it for what it thus appears to be, I see nothing those directions. It is only where the authority of the in the measure which is forbidden by the law. Every superior is transcended that the inferior is justified in thing on the face of these official acts appears to be in refusing obedience, not where it is misapplied or abused. accordance with the law, if the acts are viewed sepa To avoid all delay I have thrown these views bastily rately as they appear upon the journal.
together in language loose and imperfect. I have full But, taking the two acts together, we find that there confidence however in the construction attempted to is an alteration in the place of forming the connexion, be enforced. Although a separate answer to each and that a dam is to be constructed above the Great point is not given in the order in which they were preIsland, higher than six feet above low water mark. If the sented, still an answer to each will be found in some dam was directed to be constructed for the mere pur-portion of what I have said. In order that I might be
better understood, I may have gone further than requir- foot by eight inches in size, was severed through and ed. If so, I rely upon your kind indulgence, for the a part of the plaistering of the ceiling was broken off. unintentional trespass upon your attention.
The wood in several places was scorched and blacken. Very respectfully, yours, &c.
ed by the heat, but no tire was discovered by those ELLIS LEWIS. who entered the building immediately after the occur
rance of the accident. It is stated that the lightning isPROCEEDINGS OF THE BOROUGH TOWN
sued from a cloud directly on the west of the church, COUNCIL OF READING.
and that it passed over the steeple of the Lutheran
church, which stands within a hundred yards of the Thursday, August 6, 1833.
building struck, and which is considerably higher than Council met at the Court House, pursuant to notice the latter, though not yet completed. There was no from the President. Present Messrs. Jackson, (Prest.) lightning rod. - Reading paper of August 10th. Boas, Keim, Eckert, Kendall, Koch, and Arnold.
A petition was presented praying Council to grant COURT. — The Court of Quarter Sessions of this counthe petitioners permission to build a culvert or bridge ty assembled on Monday last. A considerable amount in the hollow in North Queen street, of certain dimen- of business was transacted on the first three days of the sions therein stated, at their own expense, Council to week. The Grand Jury was discharged on Wednesday furnish the stone, which was unanimously granted. morning, and also the pettit jury with the exception of
The committee that was appointed to inquire into a single pannel detained for the trial of an issue apthe expediency of altering the names of some of the pointed for Thursday. No indictments were preferred streets, report as follows, viz.
for offences above the degree of Larceny, a circumAs the naming of the streets of the borough of Read. stance which speaks well for the moral condition of a ing, occurred previous to the Revolution of 1776, and population exceeding fifty thousand souls. The Presi. are deemed incompatible with the republican simplici. dent in his charge to the Grand Jury, adverted again to ty of our present form of government, your committee the expediency of some improvements in the county therefore suggest the following alterations as being Prison, by which the benefits of the modern penitenmore in conformity with the spirit of the times in which tiary system might be extended to this county.- 1b. we live, and to the free institutions it is our happiness to sustain, yiz.
STONE COAL. The street running immediately on the bank of the
WELLSBOROUGH, Pa. July 13. river Schuylkill, to be called Water Street.
A coal bed has recently been discovered on Wilson Bridge street,
creek, about seven miles south of this place, which bids Treat
Second do. fair to be of great value. Openings have been, and are King
Third do. now making, in several places in the mountain, and a Queen
Fourth do. considerable quantity of coal has been thrown out, spe. Callowhill
cimens of which have been shown us. The quality of Prince
this coal is the same as that of the Blossburg mines, and Duke
Seventh do. as the location is precisely on the same parallel and but Earl
Eighth do, about twelve miles west of these, there is no doubt but Clement
it is a continuation of the same strata. The thickness of Lord
one stratum has been ascertained to be five feet, of pure Vigour
Eleventh do. coal, corresponding with that of one of the Blossburg
veins, STREETS RUNNING EAST AND WEST.
That our county abounds in mineral wealth, there is Centre street to be called Penn Street.
now not a remaining doubt; all that is wanting is suffiThomas
Washing ton do.
cient enterprize among the inhabitants to open a road Richard
to market; and from the exertions that have been made Hamilton
by some individuals within the last few years, we think Margaret
Walnut do, the time cannot be far distant, when this most desirable Whereupon it was unanimously, Resolved, that the object will be accomplished. The Tioga rail road will, above names of the streets be adopted.
when completed, open a direct communication with the Mr. Keim was appointed to have indexes at the cor- mines at Blossburg; and the country presents the great. ners of the streets altered so as to agree with their pre. est facilities for either a rail road or canal, to the newly sent names. Adjourned.
discovered beds on Wilson creek, to lead either north Allest DIVID MEDARY,
or south; these beds being situated but one mile from Town Clerk. the summit level of the ridge dividing the waters of the
north and west branches of the Susquehanna. - Phenix. LIGATNING.-On Tuesday afternoon, about six o'clock, during a heavy shower of rain, the Lightning
ELIZABETHTOWY, Pa. July 16. struck the sleeple of the German Reformed Church in A HEROINE, -An old maiden lady named Witman, of this borough, and injured it so considerably that it is Montjoy township, near this borough, in the 80th year thought to be necessary to take down the wood work of her age, did, a few «lays ago, mow and make an acre and re-build it. The lightning is supposed to have de- of heavy grass into hay. Well may the county of Lin. scended the rod or spire of the steeple, as a portion of caster be denominated the garden of America—when the weather boarding at the top was burst off
. In the her fair daughters are able and willing, at such an age, square where the bells are hung much damage was to undergo such industry.—Olive Branch. done to the Venetian windows,one of which was knocked out, and large pieces of weather-boarding were torn
COLOMBIA, July 27. off, as well as several pillars, one of which fell on the THE WEATHER. –There has been some excessively roof and broke a hole through it. In the balustade warm weather since our last. On Saturday the theraround the terrace, many of the balusters were broken mometer stood at 88° in the shade; on Sunday at 86; on off, and shattered into splinters. From the steeple the Monday at 93; on Tuesday at 87; and on Wednesday it Auid descended to the church, and tore away part of was as high as 94. This latter is said to have been the the shingles and scorched the cornice on the north warmest day experienced in Columbia for ten years east corner of the building. The bricks in the gable past, as tested by a thermometer which has hung in the end at the east side of the church, are fractured and same place for that time. split, one of the large beams across the building one We learn that the heat of Wednesday proved fatal to
two of the stage horses employed on the pike between quently met with thar any portion of the United States, Lancaster and Philadelphia.
as densely settled or as contiguous to the sea-board. On Thursday we hari rain in abundance, since when As a party of assistants engaged under my direction the air has been cool and agreeable. —Spy.
in the location of the Philipsburg Rail Road were occu•
pied, a few days since in protractions at their encampFrom the Uniontown Democrat.
ment, information was given that an axe-man attached FAYETTE SPRINGS,
to the party had been bitten by a rattle-snake. · One of
the assistants, Mr. Henry Hopkins, of Massachusetts, situated in the Mountains, on the east side of the Laurel immediately hastened to the spot, and applied bis lips
Hill, in Fayette county, Pennsylvania, eight miles to the wound, sucking it for some time, and as long as east from Uniortown, and about one third of a mile it appeared to him that the treatment could be of any from the great National Road,
service. The hand and arm of the man nevertheless The water of this spring has been analyzed, and swelled excessively; but in the course of a day or two found to possess qualities highly medicinal.' Its loca. the swelling went down, and neither the assistant or the tion is in a deep glen, and the surrounding scenery is man have since experienced the slightest inconvenience: grand and picturesque-nature's wildness, just suffi. The case seems to be a very conclusive one in favor of ciently modified by cultivation to relieve the monotony. the efficacy of such treatment, where an individual
The mountain air is of that pure, bracing kind that happens to be at hand sufficiently resolute to administer comes upon the care and disease worn frame, like a
it, as the snake had been previously very much irritated, fountain in the desert to the fainting wanderer,-a ve
and the wound in the hand was a deep one. It is scarce. ry seasonable and effectual relief.
ly worth while to mention that the assistant took the The hotels near the spring, Wiggins' & Downer's, precaution, after resigning his patients hand, of giving are of the best class, very capacious and well furnished to his own mouth the benefit of a pretty thorough Their tables are well supplied,-if not with the ener:
ablution. vating luxuries of the city, with mountain luxuries;
Respectfully your ob't. servant, just the kind that please the palate, while they impart
MONCURE ROBINSON. health and vigor to the system. Every desirable ac
Schuylkill co. Pa. August 8, 1833. commodation is enjoyed, and on very reasonable terms.
From the United States Gazette.
Mr. Chandler.-In looking over some private papers, the east and the west, four or five times every day.
I discovered the following account of the dimensions of If curiosity prompts the visitor he can, at two miles the articles on Christ Church Steeple, if it will be any distance from the spring, view the grave of Braddock, gratification to your readers, it is at your service, it was and trace the road by which his army marched to their taken at the time when the steeple was undergoing field of death. At a further distance of one mile, he some improvements, March 28th, i826. can trace, in a meadow of the Mount Washington farm,
W. H. D. the lines of Fort Necessity, where the youthful valor Length of the lane 7 feet 41 inches, width 2 feet 4 and prudence of our country's father gave the earnest inches. of his future glorious success. A few miles north east of the spring, by a delightful bottom 1 foot 27 inches.
Heighth of the Cap 2 feet 41 inches, width at the mountain ride, the admirer of nature's works may be gratified with a view of the “Ohio Pyle Falls” of the meter 2 feet 6 2-3 inches.
Circumference of the large ball 7 feet 7 inches, dia. Youghiogheny river,-a very imposing sight.
Do. of the small balls 1 foot 104 inches, Sporting propensities can be indulged by a great va. diameter 7 2-3 inches. riety of game, from the fox to the pheasant. Abun.
Distance from one ball to the other 3 feet 54 inches, dance of the trout exist in the runs and creeks in the
The following is written on the Cap: vicinity,—the catching of which is “capital sport;”
The right reverend William White, D. D. consecratthe gust of eating them is known only in the act ; pened first Bishop of the Episcopal Church of Pennsylvaand ink cannot describe it,
nia, February 4th, 1787. In short, taking together the spring—the air—the hotels—the conveniences of arrival and departure—the objects of curiosity and admiration-the game and its
From Poulson's American Daily Advertiser. attendant amusements, few places of summer resort, if
The corner stone of the Commissioner's Hall of Moy. any, so strongly invite a visit and a few weeks stay as amensing, near Ninth and Christian streets, was laid on does the Fayette Spring. If the female, enervated by the 6th August, amid a concourse of respectable inhathe parched and foul air of the city or town, wishes to
tants and citizens from the adjoining district. The regain her healthful glow and pulse, let her visit the usual records containing the names of the officers of the Fayette Spring. If the man of business, seeks a respite building and the district, &c., were read by the Presi. from anxiety, and desires to re possess that vigor of dent of the Board of Commissioners, and deposited nerve and fulness of muscle, of which care and exer
within the foundation. tion have deprived him,- let him repair for a few weeks
The ceremony was interesting and impressive, and to the Fayette Spring in the mountains, where care and after it was concluded, the assembled citizens, in conthe pestilence may not reach him.
sequence of the unfavorable state of the weather, ad. Several families and individuals from Pittsburg, journed to the long room at the New Lebanon House, Wheeling, Greensburg, Uniontown, and elsewhere have where, by the appointment of the Commissioners, an already been in attendance, and all concur in the re
address was delivered by Henry Helmuth, Esq., their
UNITED STATES MAIL.-Olden Times.-On the 20th
of May, 1788, the Post Master General was directed to July 26th, 1833.
cause the mail to be regularly trar:sported between the
city of Philadelphia and the town of Pittsburg, once a To the Editor of the Miners' Journal.
forlnight, by the way of Lancaster, Yorktown, Carlisle,
Chambersburg and Bedford. Dear Sir-It occurs to me that a communication of There are now, we believe, four daily mails between the following incident may be of value in this section of Philadelphia and Pittsburg—three through this place, country, where the Rattlesnake is perhaps more fre. and one through York and Gettysburg.
HAZARD'S REGISTER OF PENNSYLVANIA.
DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.
EDITED BY SAMUEL HAZARD.
VOL. XII.-NO. 8.
PHILADELPHIA, AUGUST 24, 1833.
The reservation of quit-rents is charged upon Penn, The following remarks form a portion of a review of as being
inconsistent with his lofty design of making " a work published in London in 1827, entitled «The His- holy experiment
, and setting an example to the na:
." It is said, he should have avoided mingling the tory of the Rise and Progress of the United States of care for his private estate with his purpose as a founder North America, till the British Revolution in 1688; by of a colony. It is true that Penn designed to promote James Grabame, Esq.” They are extracted from the bis own fortunes while he secured an asylum for the “ American Quarterly Review of December 1832:” and ed returns. Was it not just and proper that he should?
persecuted. He spent money lavishly, and be expect. are in reply,as the reviewer observes, to "a concession” He exposed himself to no reproach,unless he exacted un. made by Mr. Grahame, “ of the merits of Penn in terms reasonable terms. But that he could not well have done; too much qualified, and with insinuations, which imply reserving a quit-rent he erred on the score of prudence:
since his lands were in competition with a continent. In unwarrantable selfishness and injustice.”
when the United States sold lands in the west on credit, " The origin of Pennsylvania points directly to the they created a body of debtors, united and having á honour of its founder. Wo to the man of letters, who common interest to defeat or diminish the claim of the would substitute indiscriminate eulogy for reflection, almost unanimously aggrieved by the stipulation into
creditor; in like manner, the purchasers of Penn were and degrade the art of writieg into a traffic of Battery' which they had entereil: and an unwise contract furBut we may praise the dead;
we may praise the excel, nished a perpetual source of jarring and discord. It dent: we may vindicate the memory of those who led the van of honourable action in the establishment of may be, there was in the case an eiror of judgment; our country, and in the contest for tolerance and vir- which side the covetousness existed, depends not upon
whether there was a blameable covetousness, or on tue.
It has been objected to Penn, that he was subservient the fact of a reservation of quit-rents, but upon the whole to the court of a despotic sovereign; but he was ever
view of the bargain between the proprietary and the the intrepid defender of freedom of conscience: he did purchasers. his utmost, for example, to promote the election of Al. of bad laws, by “his general anathema against all re
Again: it is said, that Penn advocated the perpetuity gernon Sydney to parliament: and he strenuously re-sistance to constituted authority.” In the first place, sisted the encroachments of the Duke of York upon the rights of the colonists of New Jersey.
we answer, Penn did not deal in anathemas: and in the
next place, he did not denounce all resistance; quite It is made a cause of censure, that Penn joined with the reverse; he denounced resistance by force of arms, the other proprietaries of East Jersey in surrendering but he favoured passive resistance to injustice. The the jurisdiction of that province to the king; but when Quaker doctrine is often a wise one. It is no idle phanit is corsidered, in how many hands the jurisdiction was tom, but a principle, capable of disconcerting the vested, what singular disputes had arisen, what trans- strongest government that ever ventured upon the com. fers and assignments had been made of proprietary pro. mission of wrong. Will you have an example? Look perty in New Jersey, it does not seem reasonable to at Ireland at this moment; where a British parliament ascribe the surrender to pusillanimity, when it may and a Reform ministry cannot collect the tithes. The have been essential to the safety of the colony. A nu- policy of O'Connell is a true Quaker policy; he offers merous partnership, a landed aristocracy, a close cor
no resistance, but quietly omits to pay tithes for the poration of proprietaries, seem the least favourable support of a church to which he does not belong; and sovereignty that can be imagined. And there remained if we read rightly the signs of the times, he will in the no choice but to imitate the democracies of New Eng- issue gain the victory. He will have “refused to suffer land, (which would have been impossible,) or to give bad laws,” will have refused successfully, and all withup to the crown the jurisdiction of the territory. The out resistance. example of Carolina proves that a proprietary govern. But it is charged upon Penn, that he coveted the ment, in the hands of a company, was the worst form lands of Lord Baltimore. We are not on this head disestablished in America.
posed to quarrel with the decision of the Lord Chancel. It is said that Penn did not show horror enough at lor Hardwicke; and since the tribunals of England, the execution of Cornish and others; and condemned wholly disinterested, refused to give a literal enforcethe conduct of James in terms too moderate. "The ment of the claims of Lord Baltimore, there is hardly king is greatly to be pitied for the evil counsels that room for treasuring up an accusation against the memohurry him to the effusion of blood.” And was he not ry of Penn. Be it, that he was “very intent on his greatly to be pitied? The expression of Penn implies own interest in these parts;" that is to his honour, if that the measures of cruelty were alike wicked and un he respected justice." "I would not be thus imporwise. We find nothing in his remark justify cavil. tunate,” says he, “but to serve s province; because ling. And what if it be true, that Jeffreys, after the the thing insisted on was more than ninety-nine times revolution, attempted to excuse himself, by declaring more valuable to me than to him; to me, the head; to that the court had desired greater severities, and “had him, the tail.” Now it is distorting the plain meaning snubbed him for being too merciful?” is the testimony of Penn, to say, that he here claims the territory in disof Jeffreys, the culprit, in self-justification, and after his pute,on the ground of his needing it. He is but offering own overthrow and imprisonment–is such testimony to an excuse for his inflexibility in maintaining what he be believed?
dcfends as his right by other arguments. Vol. XII.