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1853)

LAND TITLES.

361

land office, but under the private seal of governor Keith, lands in 1732, should have been a sufficient caution at Conestogoe. The land had not been purchased from against settling the lands over the river, if some overthe Indians; the office was not open for the sale of ruling necessity had not existed; and what that necesthem; and it was out of the usual course to grant war- sity was, we have seen. The Indians seem to have acrants for unpurchased lands. The council, on the re. quiesced, and Dongan's deed had been brought before port of the proceedings, seemed cautious about it, and them at every treaty, refused to interfere, further than to permit the wariant, . A commission was issued tu Samuel Blunston, on the and return of survey to be entered on their minutes; '11th of January, 173,3-4, to grant licenses to settle and although Col. French defended the proceedings, be take up lands on the west s'de of Susquehanna Not caise the facts and circumstances recited in the war- because the land office was at that time closed, as has rant were truly slated. “arid, in his opinion, Springet been generally conceived, but because the office Penn, in whose name the warrant issued, was the lite could not be opened for those lands, which were not yet proprietor's heir at law; and whatever turn the affairs purchased of the Indians. of that family might take, to re settle the property and The first license issued by Samuel Blunston, was datdominion of the province, he did not conceive this mea- ed on the 24th of January, 1733.4, and the last on the sure would be interpreted, or deemed to the prejudices 31st of October, 1737, all of which, (and they were nuof a family, for whose service it was so plainly meant merous,) prior to the 11 h of October, 1736, were for and intend d.”

lands out of the Indian purchases. These grants the But although the land was out of the purchases, as proprietors were bound to confirm, being issued by the Indians consented to the survey, the measure itself their express consent, as soon as they purchased the cannot but be considered as having been founded on lands from the natives, upon the clearest legal princithe soundest and wisest policy, and Sir William Keith ples, as expressed in the case of Weiser's lessee, and conducted himself with great zeal for the proprietary

Moody, before cited. interest. The controversy with Maryland, with respect to the provincial boundaries was at its height, and the local in their nature, and different from all the former

Here then appears a distinct species of land titles, Marylanders were surveying their warrants, and push ing their settlements along the Susquehanna, and with practice of the province. They were not like the locain a short distance from the present town of York, with tions or applications of later times, but grants of a highrapidity. At the treaty, therefore, on the 15th of June, 120, the court say, that Blinston's licenses have always

er nature. In Calhoun's lessee v. Dunning, 4 Dallas, 1722, the governor consulted the natives about making been deemed valid, and many titles in Pennsylvania de. this survey; he told them that when the land should be pend on them; and in the lessee of Dunning and othmarked with the proprietary's name upon the trees, it would keep off the Marylanders, and every other per 1805. mss. Reports, The court say, "That Blunston's

ers, v. Carothers, in the supreme court, December, son whatsoever, from coming to settle near them to dis licenses partake more of warrants than locations, and turb them. We have considered say they, of what the governor

have all the essential parts of a warrant. proposed to us yesterday, and think it a matter of very

We have already seen, that the promise of Richard great importance to us to hinder the Marylanders from Peters, to give a preference to a settler to induce him setiling, or taking up lands so near us on 'Susquehanna. to remove from unpurchased Indian lands has been re

We very much approve what the governür spoke, cognized. We will now proceed to exhibit other in. and like his counsel to us very well. But we are not

stances of recognition of titles irregularly commence. willing to discourse particularly on the business of land,

In the lessee of Fothergill v. Stover, 1 Dallas, 6, a lest the five nations may reproach or blame us.

letter from James Steel, receiver general, and secretary They then asked the governor, whereabouts, and of the land office, to the surveyor general's deputy in what quantity of land he proposed to survey for Mr. Chester county, in these words: “Friend Isaac Taylor, Penn; who answered, froin over against the mouth of Philadelphia, 3, 2d mo. 1719. James Logan had agreed Conestogoc creek, up to the governor's new settlement that the bearer hereof, William Willis, shall have 500 (Sir William's own survey,) and so fur back from the acres of land at Conestogoe, please to survey it to him, river as no person can come to annoy or disturb them and the warrant shall be ready. Thy loving friend, in their towns on this side."

James Steel” was offered in evidence as the foundation They then desired the governor would immediately of the defendant's title. Objected on the part of the cause the surveyor to come and lay out the land for plaintiff, that James Steel, by his order only, without a William Penn's granılson. The warrant was thereupon warrant from the proprietors, or the commissioners of issued, and the survey ina le.

property, could not authorize the location of lands; and Information of these proceedings was immediately even supposing it to amount to an order from James sent by express from governor Keith, to the governor Logan himself, as he was only one of three commis. of Maryland.

sioners, such order cannot be a sufficient warrant. In order to counteract the Maryland encroachments,

But the court said that under these sort of orders it appears further to have been the policy of the pro

from the proprictor's officers, a great part of the pro. prietary agents, to invite and encourage settlements on vince had been settled, and that for the general conve. the borders; and such settlements were made within niency they had been heretofore allowed to be given the manor of Springetsbury. A certain right was ac

in evidence, and particularly in M’Dowell's case. In quired, and a contract existed, that the title should be that case, last April term, a letter from Richard Pelers, made to such setilers, when the purchase from tha In. secretary of the land office, to the same effect as the dians should be made. Certificates or licenses were above, was allowed; and the letter in this case was ac. accordingly issuesi, as we have seen, promising patents cordingly ruled to be given in evidence. upon the usual terms other lands in that country were A plot of survey made in pursuance of the above let. sold for—and this contract was afterwards faithfully ter, in Isaac Taylor's own hand writing, with a note at complied with. The year following the arrival of Tho. the bottom thus “Surveyed in 1720," and in the body mas Penn, this system of settlement was recognized, of ii the words, “William Willis, 400, as” not returned and pursued by him. The settlements increased; but into the surveyor general's or secretary's office, but titles could not be acquired; nor coull the land-office found among Isaac Taylor's land papers, many years be opened for lands on the west side of Susquehanna, after his death, was allowed to be given in evidence as it had not been purchased of the Indians. Thomas against a regular warrant and survey posterior to the Penn, therefore, departed from the practice of his great above; a settlement and possession being proved to ancestor. The complaints of the Indians against the have been made, and the land office appearing to have settlements at Tulpehocken and the purchase of those been shut between the years 1718 and 1732. Supreme VOL. XII.

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A

court, April term, 1763. And judgment affirmed, on in the present times, that the land office was closed appeal to the king and council.

from 1718 to 1732, during the minority of William it appears, also, upon examination, that the practice Penn's children. It has been one of the causes assignwas very common of permitting surveys to be made ed for the origin of improvement righ , which must be without any warrant, or order, either by connivance of traced to a higher source, the implied consent and acthe officers, or consent of the proprietor, expressed in quiescence of the proprietors and their agentss notwithsome manner, not of record. This gave rise to a new standing some of their public acts seem to discounte. kind of warrant, since rendered common in a different nance them; and which will be related by and by, sort of inceptive right, called a warrant of acceptance. In the years 1760, and 1761, this warrant was frequent.writes to the deputy surveyor of Chester county to make

In Fothergill v. Stover, when the receiver general Jy issued in the following form: “Whereas, by our consent and direction, a survey was made, &c., and a survey, he at the same time tells him that the war. then requiring the survey to be accepte...

rant shall be ready,” which could not be, if the land About the year 1762, when William Peters was se. office was shut, and the powers of the commissioners of cretary, another practice was resorted to, ot a very in- property suspended. It has been already shown, that, convenient kind, and leading to much irregularity; independent of promises, licenses to settle, and license which was, to issue certificates of warrants having issu- ber of warrants issued in the usual form, changing only

to make surveys, without warrants, a very great nom. ed, when in fact no warrant was issued, or any purchase the clause of "paying to our use” to “paying to the use money paid; and on these certificates surveys were of the trustees of the province,” in regular succession, made without any authority or direction from the sur.

from 1718 to 1732. veyor general. But after the year 1765, this practice was prohibited by special instructions to the deputy

But it is equally certain that none of the warrants surveyors. These certificates were in the following thus issued, were transmitted, as usual, to the surveyform:

or general's office, nor were they entered there at any September 10th, 1762. I do hereby certify that a subsequent time. To give a single instance. warrant of this date is issued to A. B. for 150 as. of warrant issued to one Peter Bartolet, for land at land, &c, on common terms of 115 10 per hundred Oley, on the 25th of March, 1720. But this warrant acres, and a half penny sterling per acre, for« ver. In. is not to be found in the surveyor general's office. terest and quit rent to commence from, &c. W. Pe. But although not deposited there, when it came ters.

to be patented, on the 29th of June 1736, it is recog. This also required warrants of acceptance in order nized, and the surveyor general makes his return to to confirm the proceedings, and these warrants of ac- the secretary, in the usual manner, thus: “Pennsylvaceptance contained a suggestion, that the original war- nia, ss. By virtue of a warrant from the proprietary's rant could not be found and are in this form: “Where- late commissioner's of property, dated 25th of March, as it appears by the book of entries of warrants kept in 1720, surveyed to Peter Bartolet on the 30th of the our land office, that on the 10th day of September, same month, a tract of land situate in Oley, in the coun1762, a warrant was issued to A. B. for 150 acres of ty of Philadelphia, beginning, &c. conta ning 150 acres, land, &c. And whereas the said A. B. hath now re. returned into the secretary's office, 29th of June, 1736. presented to us, that he hath procured a survey of 218 Further, on examination of the receiver general's books, acres upon the said warrant, but the said warrant not from 1718 to 1732, monies appear to have been receive being now to be found, the said A. B. hath humbly be ed for lands, and accounts settled, during the whole pesought us to grant him our warrant of acceptance, &c. riod without interruption. Again, on examining the of this practice, there are many instances about this patent books, for the same period, it appears that an time.

immense number of patents issued. For all these pa. It would be very material 10 ascertain the exact state tents, which were for old rights, and surveys made beof the land office at every period of the provincial go fore 1718, and on some warrants of re-survey, and for vernment; but from what has been shown, it must be city lots, the surveyor general makes his returns to the seen that it is impracticable to delineate any uniform for secretary, in the usual manner. But for patents which regular system. ' None such existed. A knowledge of issued during that period on new rights, granted during the customs and usages must therefore be derived from the minority of the proprietors, no returns are made by instances and facts scattered throughout its records. A hiin for patenting in the accustomed manner, nor does variety of these have been already shown; and the pro- any record exist of them in his office. It remains to prietors appear to have recognized the acts of their of account for this departure from practice; and it will ficers and agents, however irregular, with respect to appear, that although the office of surveyor general the lands within the purchases. These acts, practices, continued, and surveys were made by his deputies as or customs, grew into rights, and have been considered usual, yet for all other purposes, (making returns of as contracts, which the law would have enforced against surveys already in his office excepted;) bis usual duties the proprietor; and they have succeeded in courts and general powers were suspended. And although against younger rights, however regular, as in Fother- no difficulty existed as to obtaining and confirming tigill and Stover. So in the years 1719 and 1720, we tles, through a certain channel, yet as the old practice find warrants issuing on settlements, said to have been of his office was interrupted, the idea must have arisen, made upon agreements previously made; a distinct mat- that the land office was closed, when in fact, one branch tr from the surveys by consent, or the certificates be- of it only, partially ceased to act. To all substantial fore mentioned. Numerous warrants therefore, run purposes it remained open. And if we descend to a thu-: "Whereas in pursuance of an agreement made very nice distinction, and say that all proprietary autho. by us about five years ago to settle and improve (cer-rity ceased with the death of William Penn, and could tiin lands,) you are requ'red to survey,” &c. But no

not be revived, as such, during the minority of his sucevidence of such original agr«ements exists. If reduccessors, yet a power remained behind, unextinguished, ed to writing, it must have been delivered to the party which answered all useful and beneficial purposes; and obtaining the license, and not entered in the minute whether the public business was conducted by trustees books. But it clearly appears, upon a very minute ex. or agents, yet if it was efficiently done, it was the same amination, that there was no time when the land office to the people. A few more observations, therefore, can be said to have been shut, or when warrants could will close this point. not be procured. The examination has been laboriously William Penn, by his will, dated in 1712, appointed made with a view to ascertain the correctness of a cir certain trustees, and devised to them all his lands, &c. cumstance stated in Fothergill and Stover, and Penn in America, upon trust to sell and dispose of so much and Kline, and very frequently mentioned in the courts of his said lands as should be sufficient to pay all his

1833.)

WM, PENN'S LETTER TO FRIENDS IN PENNSLVANIA IN 1704-5

363

to

just debts. Supposing this will could operate only on
his private estate, which was excepted out of the Penn hither to hinder, to wit

, a Queen's Governor to be set

now, for that which they were so willing I should come sylvania mortuage; or, that no power could be immediately derived from it, during the litigation respecting over them or at least to make me weary of being the will, which was established in the court of exche. theirs, and they told me this upon the spot where I quer in July 1727, and not before,-yet it must be re

was so perpetually accessible, and so ready to comply membered, that the legal estate of the province was not

with in William Penn, at the time of his death, but in the

every reasonable requests, ---they had saved me mortgagees; and it will also be remembered, that when some thousands, and I had enjoyed a comfortable socie. William Penn execuied a commission to certain persons, ty with the best among you to this very day; for nothin 1711, to be his commissioners of property, it was ne ing of my private concerns at home should have precessary for the mortgagees to execute a similar commis- vailed with me to have left you and the pleasure I had sion, which was done on the following day; and power was given by them to grant the lands of the province in living in Pennsylvania, at least for some years to and receive the monies for the purpose of extinguishing come. Nor can I take less ill, since I have preventthe debt. This mortgage was unsatisfied, and Richard er what they feared, (and what some of their neighbors Hill, Isaac Norris, Samuel Preston, and James, Logan, feel) that the precautions which I took (least I should the commissioners of property, appointed in 1711, still survived, and were also the trustees of William Penn's not prevail or succeed here when I was arrived) for will. They therefore granted warrants and issued pa. the preservation of the Government, are rigorously em. tents; if not as proprietary officers, yet under ample ployed, and even beyond the letter thereof against me. and existing powers. But the mode was varied. When An ingratitude, and treatment so sordid and base as surveys were made, if a patent was required, they took the first return of survey, without requiring it to be hardly ever fell to the share of any person under my entered in the surveyor general's office, and a formal circumstances, to my grief, the scandal of worthy return transmitted from thence. The patents were in minds, and triumph of our enemies, as well as their own names, and recited as well the commission of the shame of our profession. But what will not an im. William Penn as of the mortgagees, Joshua Gee, and others, of 1711, and thus very many patents exist, a placable and stubborn envy not do to further his unjust trace of which cannot be found in the surveyor general's revenges? Acting the Patriot against the Patriot, maoffice.

ing it an argument against any man to be trusted by the (To be continued.)

public-because he is intrusted by me, or hath a just

regard to my honest interest; dividing that interest in LETTER OF WILLIAM PENN ADDRESSED TO my absence which I left united and in a good condition FRIENDS IN PENNSYLVANJA, IN 1704.-5.

at my parting-and what have I done since to charge Copy of a Paper entilled An Abslı act of a Leiter lately that apprehension? Is it lying here at stake, neglecting sent from Guvernor Penn to Divers Friends in Penn- the comforts of my family, and not enjoying a most sylvania.

pleasant habitation for more than half the time since I (From the Papers at Stenton.)

left you? O! friends, I pray that God may not too pub. Dear Friends,

licly avenge my righteous cause against these wicked I salute you in that Love which is mingled with the Korath's, for if justice and moderation do not take place fear of God, whose awful power and presence are in there is no room to look for a blessing upon our settie. measure with me at this time; tho not well able to ment. I therefore earnestly desire you to use your endeawrite with my own hand (as I could wish) through the vours as men and Christians, both as Pennsilvanians present weakness of my head and eyes, the fruits of ma. and men in the Truth, to moderate all extreams, to sany weights and burdens, griefs and sorrows which I tisfy and quiet the people with reasonable security, not have met withal—and indeed it is with an inexpressible to be blown up by civil instruments to intemperate detrouble that I have occasion to write as follows to you, lose all:-Their three Laws would have been dissolved

sires and unjust expectations, least sinking all, they viz: The unworthy treatment which I am informed i have met with there, after all which I have hindered here if they could have passed there, and the Governor here that was doing to our prejudice, and all I have would have exceedingly displeased for doing of it; done for our common good, to see that after all the what can be said to satisfy, any reasonable man why pains, hazards, and vast expenses, and the employment they have left the charge of Government wholly upon of my whole interest, and the best part of my life me because my Deputy would not join with some there which Pennsilvania has cost me, so many of those for to injure his chief Governor, and violate the Constituwhose sake I have done and suffered so much, should tion of England as well as of the place where he comeither actually design the ruin of me and mine, or suf- mands? Had they been asked before my departure, fer themselves to be drawn away by those that noto. that in case I would wave the Bill for annexing the riously do so; considering how much the people in gene. Proprietary Government to the Crown, and continue

the Administration and Government as it was? would ral, and our friends in particular, were desirous of me before my last arrival; and how unwilling to part with they establish a moderate mainteneance upon the Gome when I came away, particularly Friends, as by vernor, and raise a requisite supply to defray public their letters and certificates to Friends in England doth charges! I doubt not but one and all would have an.

swered “Yes, with all our hearts;" and when it was appear. You know I came on the errand of the public good (to save the Government) which I have done twenty to one, that a Queen's Governor would be sent, hitherto, at a tempestuous time, in a crazy and doubt-to find, to the great disappointment of our enemies, ful ship, and with a very feeble family; and are they

and to their own surf jsing satisfaction,a Governor sent

according to our letters Patent; and him approved by the not at that time fully developed by proof. It was not Queen;—and to refuse him even subsistance money!

until late in the month of August that I received from unless he will betray and expose me that sent him, hath ing beyond question, that this great and powerful insti

the Government Directors an official report, establishsomething in it so enormously base, that no profane rution had been actively engaged in attempting to in. person could give it so deep a dye, as hypocrisy alone Auence the elections of the public officers by means of which is the abuse of Religion to worldly purposes, be its money; and that in violation of the express provi ing only able to tinge it so black as that action must ap. its fun is at the disposition of its President, to be em

sions of its charter, it had, by a formal resolution, placed pear to all that consider it.

ployecl in sustaining the political power of the Bank. A I could make one conclusion of this whole matter, copy of this resolution is contamed in the report of the and that is to dispose of all to the Crown, soil as well as

Government Directors before referred tu; and however Government, and be rid of them once for all, and leave the object may be disguised by cautious language, no

one can doubt that this money was in truth, intended them to inherit the fruit of their own doings. But I for electioneering purposes, and the particular uses to inust not forget the hand which brought that country which it is proved to have been applied, abundantly to me, the sealing engagements, and sealing of His show that it was so understood. Not only was the evigoodness in those solitary countries, and unless his Pro. dence complete as to the past application of the mo

ney and power of the Bank to electioneering purposes, vidence prevent, nothing else I hope shall prevent me but the resolution of the Board of Directors authorised from spending the best part of my life there or therea- the same course to be pursued in future. way,though I am 20 thousand pounds the worse man than that the Bank of the United States was converted into

It being thus established by unquestionable proof, when I began the Colony—as I am able to make ap

a permanent electioneering engine, it appeared to me pear. Love, fear, and solitude was my aim; and the that the path of duty wh ch ihe Executive Department Lord in due time, give those excellent things more cre.

of the Government ought to pursue, was not doubtful. dit with the inhabitants of that place. I am a suffering Secretary of the Treasury could remove the deposites,

As by the terms of the Bank charter, no officer but the and mournful man in the senses of spirits and things. it seemed to me that this authority ought to be at once I write to you as my friends in Truth, and as men of exerted to deprive that great corporation of the supsignificancy where you are.

flelp the Government port and countenance of the Government in such an against those ungovernables, and do all you can to qui- this point of the case the question is distinctly present

iise of its funds, and such an exertion of its power. In et Friends under fair and reasonable enjoyments, coun- ed, whether the people of the United States are to gosel them not to strain points, nor halt before a cripple, I vern, through representatives chosen by their unbiasslet them not suffer themselves to be disquieted and

ed suffrages, or whether the power and money of a blown about with the windy and empty suggestions of ence their judgment and control their decisions. It

great corporation, are to be secretly exerted to influsinister and designing persons, but let the ancient Love, must now be determined whether the Bank is to have and Fear, and Faith that was our Alpha be likewise its candidates for all offices in the country, from the our Omega, and we may yet live to see happy days highest to the lowest, or whether candidates on both before we die. The Lord, if it be his Blessed will,grant beretofore, and supported by the usual means.

sides of political questions shall be brvught forward as this to us! So, with dear love to you and yours, and At this time the efforts of ihe Bank to control public others that are worthy, (wherein my wife joins heartily opinion, through the dis'resses of some, and the fears with me,) I conclude.

of others, are equally apparent, and if possible more Your faithful and loving friend,

objectionable. By a curiailment of its accommodations,

more rapid than any emergency requires, and even

WM. PENN. while it retains specie to an almost unprecedented Hyde Park, the 26th, 12 mo. 1704-5.

amount in its visults it is attempting to prodace great

embarrassment in one portion of the conimunity, while PRESIDENT'S MESSAGE.

through presses knowi to have been sustained by its

money, it attempts by unfounded alarms to create a The great length of this document precludes its en panic in all. tire insertion—which is also rendered less necessary, that it can force a restoration of the deposites, and as a

These are the means by which it seems to expect by its universal circulation through all the papers of necessry consequence, extort from Congress a renew, the Union. We extract, however, that portion of it, al of its charter. I am happy to know that, through which seems at the present moment to possess more in the good sense of our people, the effort to get up a tense interest to this state than any other—the removal panic has hitherto failed, and that through the increas. of the deposites, and the re-chartering of the Bank of enabled to afford, no public distress has followed the

ed accommodations which the State Banks have been the United States.

exertions of the Bank, and it cannot be doubted that

the exercise of its power and the expenditure of its “Since the last adjournment of Congress, the Se money as well as its efforts to spread groundless alarm, cretary of the Treasury has clirected the money of the will be met and rebuked as they deserve. United States to be deposited in certain State Banks In my own sphere of duty, I should feel myself called designated by him, and he will immediately lay before upon by the facts disclosed, to order a scire facias you his reasons for this direction. I concur with him against the Bank, with a view to put an end to the char. entirely in the view he has taken of the subject, and tered rights it has so palpably violated, were it not that some months before the removal, I urged upon the De- the charter itself will expire as soon as a decision would partment the propriety of taking that step. The near probably be obtained from the court of last resort. approach of the day on which the charter will expire, I called the attention of Congress to this subject in as well as the conduct of the Bank, appeared to me, my last annual message, and informed them that such to call for this measure, upon the high considerations measures as were within the reach of the Secretary of of public interest and public duty. The extent of its the Treasury, had been taken to enable him to judge, misconduct, however, although known to be great, was) whether the public deposites in the Bank of the United

1833.]

CONNECTION OF THE OHIO AND PENNSYLVANIA CANALS.

365

States were entirely safe, but that his single powers ed rail road; whilst the others made their way to might be inadequate to the object, I recommend the Waynesburg, which was indicated as the most suitable subject to Congress as worthy of their serious investi: point from which to commence the examination of San. gation, declaring it as my opinion, that an inquiry into dy creek. At Waynesburg, several very intelligent he transactions of that institution, embracing the gentlemen were found in attendance, with the surveys branches as well as the principal Bank, was called for 'of the Sandy and Little Beiver Canal route, and accomby the credit which was given throughout the country panied the party up the valley of Sandy creek. The to many serious charges impeaching their character, and iwo divisiops of the committee re-united at Hanover, which if true, might justly excite the apprehension and from this point enjoyed the advantages of the atthat they were no longer a safe depository for the pub- tendance of Mr. Joshua Malin, who had a large share lic money. The extent to which the examination thus in the labors exhibited in the report of Maj Douglass. recommended was gone into, is spread upon your jour. On reaching New Lisbon, the undersigned were gratinals, and is too well known to require to be stated. fied by the opportunity of a personal conference on the Such as was made, resulted in a report from a majority subject of their inquiries, with inany of the most reof the committee of ways and means, touching certain spectable inhabitants. Here, also, two addresses were specified points only, concluding with a resolution, that read and submitted to them: one by E. Polter, Esq., the Government de posites might safely be continued in supplemental to that piesented to the Convention; the the Bank of the United States. This resolution was other by A. W. Loomis

, Esq , exhibiting the facts and adopted at the close of the session by the voie of a arguments in favor of a canal by the southern route, and majority of the House of Representa iives.

dwelling more particularly on the subject of the supAltho.:gh I may not always be able to concur in the ply of water. There was also a statement communicatviews of the public interest or the duties of its agents ed of the amount of merchandize sold in a single year, which may be taken by the other departments of the Go- within the county of Columbiana. vernient or either of its branches, I am, notwithstand These interesting papers, marked respectively A, B, ing, wholly incapable of receiving otherwise than with and C, are appended to the present report. From New the most sincere respect, all opinions or suggestions Lisbon, the committee proceeded to the mouth of the proceeding from such a source, and in respect to none Litile Beaver, and thence along the margin of the Ohio am 1 more inclined to do so than to the House of Rep. ! river to Beaver, accompanied throughout by Mr. Malin. resentatives. But it will be seen from the brief views They have at length reached this place; and, under the at this time taken of the subject by myself, as well as pressure of engagements elsew here, rendered exceedl. the more ample one presented by the Secretary of the ingly urgent by an absence of unexpected length, they Treasury, that the change in the cleposites which has hasten to state as briefly as possible the conclusions at been ordered, has been deemed to be called for by con which they have deliberately arrived. considerations which are not affected by the proceedings The question as to a Rail Road onght, perhaps, in referred to, and which if correctly viewed by that De. order of time, to be first aclverted to, as being one partment, rendered its act a matter of imperious duty. which, in the view taken of it by the committee, at an

Coming as you do for the most part, immediately early period, involved no matter of detail or considerafrom the people and the States, by election, and posses- tion connected with a personal examination. As such sing the fullest opportunity to know their sentiments, a work must depend mainly, if not exclusively, upon the present Congress will be sincerely solicitous to car- private subscription, it became indispensable to inquire ry into full and fair effect, the will of their constituents into the present state of feeling on this subject, in the in regard to this institution It will be for those in quarters from which aid must necessarily be sought, whose behalf we all act, to decide whether the Execu. and it was nt once ascertained, beyond all donbt, that tive Department of the Government, in the steps which the prospect of obtaining subscriptions was utterly hope. it has taken on this subject, has been found in the line less When to the powerful arguments, drawn from of its duty.”

experience, which were represented as dissuading from

such a plan of improvement, in reference to transportaCONNEXION OF THE OTO AND PENN. CANAL. tion, was added ihe fact, that this work is not an inde. Report to the Wurren Convention.

pendent one, but designed to connect two canals, and The undersigned, to whom were referred the repre- that its employment would involve a double trans-ship

sentations made to the Convention on behalf of the ment, the committee felt, that to keep it longer in view several objects for uniting the canals of Ohio and was to put in peril a really attainable object. It is a Pennsylvania, respectfully report:

source of high gratification to add, that as the convicThat they could not fail to be deeply impressed with tions of the committee necessarily unfolded themselves the responsibility of the task imposed upon them, as in frank conference with gentlemen most deeply inte. well as with a grateful sense of the confidence implied rested in this project, they were met in a spirit of the in their appointment. The first impulse was to decline, utmost liberality and candor. No reason is seen to altogether, a trust by no means desired or anticipated doubt that the most judicious location for the contem. on their part; and the discharge of which might well be plated work was made by Lieut. Mitchell. expected, in any event, to be viewed invidiously; but Putting, then, a rail road out of view, therc remain the frank and candid spirit which characterized the pro.only the northern :nd southern routes for a connecting ceedings of the Convention, assured them that their la canal, and in coming to a decision between these, the bors, however imperfect, would be regarded with in: undersigned are unanimous. dulgence; and they did not feel at liberty, therefore, to The great question in reference to a canal--and one interpose a sullen negative to the course which their compared with which all others are, in truth, insignifiass ciates regarded as tending to promote the great oh. cant-is, of course, as to the supply of water. if an jects in view,

anxious and distressing uncertainty on this point attach In the attempt to fulfil, conscientiously, a duty so de to the work, no safe calculation can be made of its value licate and important, it has been their anxious object, as a stock, or its usefulness as a medium of conveyance. not only to keep steadily in view the very able reports Where the supply is inadequate or precarious, we can. referred to them, but to seek in every quarter, for such not assume, in an estimate of revenue, the maximum of further facts and suggestions as might aid in reaching boats which might possibly, in a given season, if prea just conclusion. Shortly after the auljournment of sented exactly at the desired period, be transported on the Convention, they proceeded by the line of the the canal. The chances of disappointment will, in a northern route to Akron, and thence descended the great measure, suffice to dissuade from resort to a chanOhio Canal to Massillon. From this point, some mem nel whose failure, at a critical moment, may involve ir. bers of the Committee pursued the route of the propos- reparable mischief. We must constantly bear in mind

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