Governor. Senator.

DISTRICTS.

1829.]

D. Smith.

Coates, Jr.

Henderson.

171 171 170, 157 213 170 204 167 252 253 284 250 313 287 253 248 115 124 123 123 122 118
63 65 65
66
66
151 144 151 151 151 151
63
64
6+
26 66
65

406 384 413 378 381 381 383 377 394 397 479 417 477 392 405 381 93 110 117

50
52
46
45
41 42

53
6
45 52
39
51
41
51

485 556 486 486 480
42 172 170 196 171 181 168 174 168
61021 665 942 943 945 926 941 943 920 942 561 563 599 573 635 560 577 572 176 177 179 179 178
183 183 183 180 181 183 181 179 106 107 133
193 132
72
76
76 76 75
50 50 50 50
50
265 240 256 245 260 260 262 258 118 113 116 117 119 116 134 114

1133 1093 1065 939 1073 1090 1065 1089 826 7401427 741 1478 748 742 709 766 763 757 770 786 763 1067 1418
71
326 321 316 303 303 320 322 320 486 486 548

Total,

7043 223 4519 3937||4008 3911 3924 3694 39443927|3916|3929'3145/3066|4111'3090'4216'3096/3119 3012 1414 1437 1437 1419 1441 14223581'4074

Appointment by the Acting Canal Commissioner on the Per last report,

THE

REGISTER OF PENNSYLVANIA.

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

VOL. IV.-NO. 20.

EDITED BY SÁMUEL HAZARD.

PHILADELPHIA, NOV. 14, 1829.

GOVERNOR'S MESSAGE.

NO. 98.

payment of which became due on the 22d of the last month. The Canal commissioners, by a resolution of

To the Senate and House of Representatives of the Com- the 3d of October, requested that an additional tempo monwealth of Pennsylvania.

FELLOW CITIZENS:

rary loan of 196,000 beyond the loan authorised by the act of 22d April last, "relative to the Pennsylvania caIn obedience to the authority vested in the gov-nal and rail road," should be negotiated, to be applied to ernor, by the tenth section of the first article of the con- certain designated divisions of the canal and rail road stitution of Pennsylvania, I have deemed it my duty to In accordance with the request in that resolution, I have convene you at this early day; a principal reason why obtained $106,000, and placed it in the hands of the you have been thus convened, was set forth in the pro- commissioners of the internal improvement fund, to be clamation under which you have assembled, in order applied to the divisions of the canal and rail road, dethat the subject which would demand your earliest at- signated in the resolution of the board of canal commistention, might previously so occupy your thoughts, that sioners. This loan has been negotiated on the same you would come to the seat of government with all the terms with the other temporary loans. The necessity information required, and be prepared to act with as of continuing the operations upon the canal and rail little delay as possible. The pecuniary concerns, the road, and in some instances of securing the works aincome and expenditure of the commonwealth, its debts gainst the danger of serious injury during the approachand credits, at all times subjects of deep interest, be- ing winter, will, I trust, render the propriety of this come particularly and imperatively subjected to your measure sufficiently apparent; I therefore submit it to closest examination, and call for the most enlightened the legislature to provide for the payment of this loan, legislation and disposition, at a time when her engage- together with the other temporary loans. ments in great public works, as yet comparatively un- pondence with the banks making this loan, will be subproductive, demand an extension of her credit, and re- mitted to the legislature, from which will be seen the quire that ample provision be made for the payment of terms upon which it has been negotiated, and the time the interest on the sums she shall borrow. All the docu- of its repayment. ments and correspondence in connexion with this important topic, shall be submitted to the legislature. In the fall of 1828, the board of canal commissioners, in their report to the legislature, recommended that a loan should be made of three millions of dollars, to meet the estimated expenditure of the year 1829. By the act of December 18th, 1828, the governor was authorised to obtain a loan of 800,000 dollars, which sum was immediately obtained. By the act of April 22d, 1829, a further loan of 2,200,000 dollars was authorised, and the appointment of a commissioner of loans to reside in Philadelphia.

The appointment was promptly made, and the commissioner entered upon the performance of the duties assigned him, of obtaining the money required, on the terms authorised by law. The same act empowered the governor to obtain, as a temporary loan, so much money as should be found necessary to prosecute the public works, until the contemplated more permanent loan should be negociated. The amount to be borrowed by the governor, it was provided by law, should be paid within six months after the passage of the act of April 22d, 1829, from the monies which it was expec'ed would be obtained, under the same act, by the commissioner of loans. The whole amount of monies obtained, as a more permanent loan, by the commissioner, is 779,123.88 dollars; the balance of $2,200,000 which the legislature authorised to be borrowed,has been made up of temporary loans procured by the governor. At an earlier period than the present, the amount of the loans obtained by the governor was greater than it now is, while the sum obtained by the commissioner was proportionably less than that here stated; the former amount being reduced by payment as rapidly as the latter was obtained. The whole correspondence on this subject accompanies this message; if any explanations are required, they will promptly and cheerfully be given. It is expected that amongst the earliest acts of the legislature, will be the making provision to pay off that portion of the lean, the VOL. IV.

39

The corres

How

The money obtained under the act of April 22d, 1829, would have been amply sufficient to meet all the demands of the Canal Commissioners to the present time, if the vouchers and consequent drafts in the Treasury of some of the acting Canal Commissioners in June last, had not greatly exceeded what had been usual or was expected. The reasons why the proposed loan failed, have been variously stated, and appear to have originated from such diversified and remote causes that the detail would be unproductive of advantage. far the restrictions as to the rate of interest, or the particular mode directed by law for disposing of the loan, operated on the money lenders, it might be desirable to ascertain, if it were only to solve the problem, that the canal stock of a neighboring state commands a premium abroad, while that of this, no less wealthy Common wealth,is in no demand and will not sell at par. Has the provision, that the amount of the loan, not subscribed for at a given time, should be put up at public auction, and the fact that it was so put up and did not obtain even a bid, had any, and if any, what extent of influence on the credit of the state? It may here be proper to state, that no doubt is entertained, that whatever funds shall be required to complete the canals and rail roads under contract, can be had on the most favorable terms, if the resources of the commonwealth shall be made to flow into the treasury in such abundance as shall inspire perfect confidence in the lender that his interest will at all times be punctually paid, at the times for that purpose regularly fixed. No duty is more imperative or pressing on the general assembly, than that which is here adverted to. It would be unjust as well as impulitic, not to acknowledge the friendly dispositions manifested by many of our monied institutions, in their ef forts to obtain the sums wanted to enable the board of Canal Commissioners to prosecute the work entrusted to their care, so successfully as to have now 177 miles of Canal in actual operation, viz. 75 miles from Pittsburg to Blairsville; 41 miles from Lewistown to the mouth of the Juniata; 37 miles from Northumberland to the Ju

́niata river, and 24 miles from the mouth of that river to Middletown, are believed to be in complete navigable order, except the aqueduct at the Juniata. The routes now in operation were so far finished under the late board of Canal Commissioners, that the present Board had the gratification of early having them filled with water and ascertaining that the banks, excavations,and the locks and bridges, were of such solidity and workmanship, that the boats performed their trips without delay or difficulty, other than such as appertain to the best executed works of such magnitude. The expectation is still confidently entertained that early in the next summer there will not be less than 400 miles of the Pennsylvania Canal in full operation. When to this extent of inland navigation is added that which is afforded by the Schuylkill and Lehigh canals, we have much cause to be proud of the public spirited exertions of our constituted authorities and fellow-citizens, and to hope that prosperity and wealth will flow in upon us abundantly, to stimulate our industry to the utmost, and bring to market the mineral and metalic treasures which are now buried and useless. The completion of the Chesapeake and Delaware Canal is an event of too much moment not to call forth our liveliest congratulations.

|

been ascertained, that, in consequence of the great extent of work undertaken by the state, the price of laborer's wages, became double what it had been at the outset of the work, and that the wiser course would have been to have directed all our energies and resources to the completion of a particular route-such as that which is to connect our eastern and western waters, rather than to have extended our lines of communication, over the whole surface of the state, then will the present General Assembly take such measures as shall ensure the completion of our most important routes, so that money from tolls, shall be brought into the public Treasury to meet the public exigeneies. The check caused by the failure of the late loan, will impose upon the Legislature a deliberate reconsideration of all that has been done in relation to internal improvement. That such a reconsideration will produce wise measures, and happy consequences, will hardly admit of a doubt.

An application may be expected from the stockholders for a renewal of the charter of the Bank of Pennsyl vania. The large amount of stock in that institution, owned by the state, will, whatever objections may be urged, require that no step in relation to it, shall be taken, except upon mature advisement. If the General Assembly shall regard this investment of the public money as a profitable one, and regard the Bank with a favorable eye in reference to granting it a new charter, a close revision of the one it now enjoys, will come fairly under consideration, and also, the introduction into it of such modifications as experience may sug. gest as likely to issue in advantage to the community.

The report of the Board of Canal Commissioners and of the Directors of the Schuylkill and Lehigh navigation companies, will place before the Legislature all the facts necessary to a thorough understanding of the present condition of our canals and rail roads. The present op portunity is embraced to suggest the appointment of a board of Commissioners to superintend the turnpike roads and bridges, in which the state holds stock, or to devolve that duty, with their other duties, on the board of Canal Commissioners. The turnpike roads form an important branch of the improvements which have been undertaken in our state-They have been constructed by incorporated companies; aided in many instances by the state. The funds placed at the disposal of these companies have very frequently proved unequal to their expenditures. Debts have consequently been contracted in the construction of the roads. These works when completed, although of immense value to the country, have rarely proved profitable to those who advanced the money expended in their construction. The consequence has been that Stockholders and cred-vorce more fully defined than at present. itors have been alike sufferers. The tolls which should form a source from which means should be derived for the repair and improvement of the roads, have been diverted by the urgent demands of creditors from their legitimate objects, to the neglect, in many instances, of both repairs and improvements. The public works in which the state is now engaged will enhance instead of diminishing the importance of these roads. If our canals should cause an increased trade to spring up with in, or to pass through the state, the value of good roads, so essential in facilitating the communication of those concerned in the conduct of the trade, will become more obvious. I submit it therefore to the wisdom of the legislature whether means can be devised by which the state might contribute not only with justice, but ad vantage, something towards the relief of those who have employed their money or their labour in the construction of these roads, and who have been compelled to look in vain to the profit to be derived from them when completed for a recompense. If by contributing to the relief of these companies from debt, the state could secure the means necessary to the repair and improvement of the roads, a great object would be gained. The state as a stockholder in common with individual stock holders, is deeply interested in rendering these roads profitable, but she is perhaps more deeply interested in rendering them, by a high state of improvement, safe and convenient channels of communication.

Applications for divorces to the Legislature become every year more numerous, and of necessity consume in the investigation of the concerns of individuals, a large portion of that time, which might profitably be bestowed on the business of the public. In some cases it is feared that application is made to the Legislature, and acted upon without sufficient evidence that the party complained against has been duly notified of the application intended. Would not all the ends of justice likely to be obtained by the granting of divorces be more certainly attained, if the jurisdiction of our courts were more extended over them, and the causes of di

The experience which has been purchased, will enable the Legislature to adopt the true course of policy which should be laid down, for the future government of the board of canal commissioners. If it shall have

If I am not much misinformed as to the operation of the laws which now regulate the relations between Landlords and Tenants, they loudly call for the benefits of revision and consolidation. This is more especially the case in our cities and large towns, where a large proportion of the houses are rented? I recommend, in an especial manner, that a prompt and cheap remedy be devised, by which Tenants shall be compelled to surrender up possession when required so to de, at the end of the period for which the premises shall have been demised. The Act of the 25th of March, 1825, which was intended to remedy this evil in the city and county of Philadelphia, is complained of as almost wholly inoperative, as the Tenant must voluntarily have removed from the premises, before the Landlord can have a writ of possession issued. How far the peculiar power vested in Landlords for the securing of their rents is founded in justice, or derived from the ancient laws of England, and adopted without sufficient examination is a matter not unworthy to occupy a portion of the time of the General Assembly.

There are some subjects of deep and general importance which press upon the mind of the Governor, and which he has more than once submitted to the Representatives of the people, but which have not yet commanded that portion of Legislative consideration to which he thinks them entitled. To some of these topics he would even now in a few words solicit attention.

There is no provision in our truly excellent constitution, of a more imperative character, than that which declares "that the Legislature shall, as soon as conve

~1829.]

ANTHONY WAYNE.

307

Assembly. I would recommend that provision be made for the erection of such an edifice.

niently may be, provide by law for the establishment of schools in such manner that the poor may be taught gratis." Have such schools been established? I think Until my successor shall be constitutionally called to not, and thus thinking I again call it to memory, and the Governor's chair, it will give me sincere pleasure urge it upon you as a duty, the performance of which heartily to co-operate with you in all such measures as will do you honor, and shower down blessings upon shall promise to benefit our constituents and our cour the Commonwealth. try. When I shall retire to private life, I will carry The "free and equal" exercise of the right of suff-with me a grateful heart, and an anxious desire so to rage is secured by the constitution to every qualified manifest its feelings, as to contribute to the general citizen, but it is much doubted whether provision has weal, I fervently pray that that Great and Beneficent been made by law to make good that which is guaran- Being, who has done such marvellous things in behalf teed by the constitution. The construction of the qua- of our highly favored country, may still continue to lification requisite is different in one county, and even watch over and protect us. To you my fellow citizens, in one township of the same county, from what it is in collectively and individually, I wish health and happianother. The neglect or design of an assessor or tax J. ANDREW SHULZE. collector may exclude a citizen from the poll in one listrict, although it will not exclude him in another, some legislative enactment making clear the duties of election officers, and insuring greater uniformity in their decisions, would do much towards insuring the correct exercise of this precious right.

The right to bear arms is another important right guaranteed to all our citizens by the constitution. The right thus guaranteed, seems to me, to impose upon the Legislature the duty of so organizing and disciplining the whole body of the citizens, that they shall be able, not only to bear arms, but to use them with confidence and skill, in defence of themselves and the State," if such a necessity shall arise. I think, therefore, every encouragement should be given to our volunteer corps. Let the Legislature not forget that the great body of the people, their constituents, constitute the militia, and claim that such a law may be passed as shall make them what they ought to be, the pride and strength of their country, and its sure defenders against oppression at home, or invasion from abroad.

ness.

Harrisburg, Nov. 4, 1829.

BIOGRAPHICAL MEMOIR OF

MAJOR GENERAL ANTHONY WAYNE. [From the Casket.]

(Continued from page 281.)

The first division of the French fleet, under the command of the Chevalier de Ternay, arrived at Newport, Rhode Island, on the 10th of July, with 6000 land troops, and all the necessary implements of war these troops were under the command of Lieutenant General Count de Rochambeau. The fleet consisted of seven sail of the line, five frigates, and five smaller armed vessels. At the period of de Ternay's arrival, Admiral Arbuthnot had only four sail of the line at New York; however, in a few days after, he was re-enforced by Admiral Greaves, with six ships of the line from Great Britain, which occurrence removed all dread from an attack by the French squadron.

The importance of giving publicity with as little de- As the British commanders now possessed a superiorLay as possible, to the decisions of the Supreme Court, ity, they resolved to act offensively both by sea and is sufficiently obvious. It seems to be considered that land. In pursuance of this, Sir Henry Clinton embarkprofits to be derived from the publication of reports of ed about 8000 men, with the view of attacking the decisions, will hardly compensate for the labor and ex- French at Newport. Gen. Washington having receiv pense to be incurred in preparing and publishing them. ed intelligence of this movement, and being now of suf i would, therefore, recommend, that provision be made ficient force to take advantage of Sir Henry's absence, by law for the employment of a reporter. By a smail immediately crossed the Hudson, and advanced with his tax on writs of error, which could not operate oppres-army for the purpose of attacking New York; but Clinsively on any one, a fund might be provided for the ton having received early intelligence of Washington's payment of the reporter. march, returned with his troops, and by this means, the American General was disappointed in his hopes of an attempt on New York, whilst in a weakened state; he, therefore, re-crossed the Hudson, after having taken possession of some strong ground on the east side of that river, for the purpose of more effectually aiding in any future attempt against the enemy on York Island.

About to retire from the important office to which I was called, and in which I have been continued by a large majority of my fellow citizens, I should but ill acquit myself to my own feelings, did I not seize upon the present, probably the last, occasion which may of fer, to reiterate the gratitude I have ever felt for the honor conferred, and protest, in justice to myself, that I have in all things, according to my best judgment, conscientiously and diligently labored to advance the welfare, and promote the happiness of those by whom I have thus been honored, and to increase the prosperity of my native state. I shall not now subject myself to animadversion if I venture a suggestion in relation to the accommodation and dignity of the future Chief Magistrates of Pennsylvania; I am persuaded that the adoption of the suggestion about to be offered, would be of much advantage, not only in his relations and intercourse with the Legislature, but in the prompt and ea y access it would afford him to the public offices of the several heads of department, thus facilitating his means and improving his opportunities to take care that the laws shall be faithfully executed. Many of our sister states have erected government houses adjacent to their Legislative halls, for their Chief Magistrate to reside in; the Commonwealth of Pennsylvania has built elegant and capacious Legislative halls, and commodious public offices, near which are several suitable and noble sites on which to erect a house for the Governor of the Commonwealth, in which it should be made his da'y to reside at least during the sitting of the General

Shortly after this expedition Gen. Washington addres sed the Governor of Pennsylvania, “With every exertion I can scarcely keep the army in this camp, entirely continental, fed from day to day. It is mortifying that we should not, at this advanced period of the campaign, have magazines of provisions for even one half of the men necessary for our intended operations. I have every assurance from the French land and sea commanders, that the second division may, without some very unexpected accident, be daily expected. Should we, upon the arrival of this re-inforcement, be found, after all our promises of a co-operating force, deficient in men, provisions, and every other essential, your Excellency can easily perceive what will be the opinion of our allies, and of all the world, and what will be the consequence in the deranged and distracted state of our affairs."

In another of the same date to a particular friend are these sentiments-"In an army so unstable as ours, order and economy have been impracticable. The dis contents of the troops have been gradually matured to a dangerous extremity. Something satisfactory must be done, or the army must cease to exist at the end of the campaign, or it will exhibit an example of more virtue, fortitude, self-denial, and perseverance, than has ever