We think the public atttention should be called to the subject of the lands in this state which remain in a state of nature, while those of other states are rapidly settling; and for this purpose we copy the following remarks. Extract of a letter dated "ERIE, January 15, 1830. DEAR SIR:Why do not our eastern landholders afford greater encouragement to settlers? The answer will show why it is that so large a portion of the hardy yeomanry of their native state, and of the more eastern states emigrate to the west. I had no idea, until personal observation proved the fact, that so large a territory within the boundaries of our own state, remained unpeopled. Thousands of acres of land, susceptible of cultivation, and some of it of the first quality, well watered and abounding with the choicest timber, upon the waters of the Susquehanna and Allegheny, and their tributaries, lie as nature formed it, unfashioned by the hand of the husbandman, 'born, it would seem, to blush unseen,' and to remain forever the haunts of "Beasts of prey, "Or men more fierce and wild than they." JEFFERSON COUNTY embraces about one thousand three hundred square miles, and her whole population may be supported from the products of one thousand acres of well cultivated land! What a vast disproportion! And yet, in this county, public buildings will soon be erected and a seat of justice established. This will induce some to remove within the borders and to make partial settlements. Stronger inducements, however, are necessary. I would say this: Let the citizens of Philadelphia and others who own large bodies of these wild lands, have a few thousand acres surveyed in to tracts of two or three hundred acres each, and offer them to settlers for nothing, with this condition, however, that the said settlers improve and cultivate them.It is easily demonstrated that this plan would result to the advantage of the landholder as of the settler. Who is there that would not prefer giving five dollars per acre for land in the neighborhood of a settlement, rather than give three dollars, two dollars, or one dollar per acre for lands in the midst of a wilderness twenty miles distant from the abode of human beings? Why is it that an individual is willing to give a lot of ground upon which to erect a court-house, or other public buildings? Because, his contiguous property is enhanced thereby in value to a greater amount than the price of the lot. But the landholder asks two or three dollars per acre for his wild lands, and some have been imprudent enough to give it or agree to give it. What has been the consequence? 141 them. Then will our forests soon "blossom as the rose," THE WEATHER. of the country to the north and east. The winter, so far, has been very severe in all parts In this city, the weather has continued cold for much longer periods than in many former seasons, and although we have had but little snow, yet the ice which has accumulated in our streets is very considerable. The climate of America generally, and of the neighborhood of the latitude of this place in particular, is peculiar for its sudden changes. It is, perhaps, in this respect, more detrimental to health, than the climate of Europe. We have sometimes winter, spring, summer and autumn, all in one day, and these transitions come so suddenly upon us, that we cannot always be prepared for them. Some of the past winters in this city have been very mild, and many people entertain the idea, that the seasons are gradually becoming more settled, and the weather, during the winter months, less severe. severity of the winters has ever been fluctuating, and The no doubt ever will continue so. Willam Penn states that 1681, the winter was very mild, scarcely any ice was formed, yet the next season was intensely cold.-Dr. Collin has stated, on the authority of the Swedish records, that in February, 1714, the flowers were seen in the woods near this city. In the winter of 1704, snow fell one yard deep; in 1739-40, the Delaware was frozen over until the 15th of March, and in the same season the cold was instense all over Europe. On the night of December 31, 1764, the river froze over in a single night, owing to a heavy fall of snow. The same circumstance happened on the 7th of January, 1792, and also on the 6th of December, 1797. In the winter of 1779-80 the delaware continued frozen for more than three months; an ox was roasted on the ice. In the same season, the British army passed over from New York to Powles' Hook on the ice; the ground was frozen five feet deep.February 6th 1688, the thermometer stood 3 degrees below zero. This, however, is not as cold as it has been been in Boston the present season, 1830.-where it has stood five degrees below zero. In 1790, the river, after opening and shutting several times, closed on the 18th of December and remained so until the 18th of January, 1791. The preceding season was uncommonly mild-boys bathed in the river on the 2d of Jan. 1790. In February 1791, the thermometer stood at five degrees below zero. The winter of 1801-2 was milder than any season since 1790; no snow fell before Feb. 22, and no obstruction too place in the navigation, except for a very short time. Shad were in the market on the 17th of Feb. 1802. became exceedingly severe all over the continent. In 1810 after a moderate commencement of winter, the weather became extremely cold-on the 19th of February, the mercury at 8 o'clock, A. M. stood at 7 degrees above zero.-Fireman. The Autumn of 1805 was so mild that farmers ploughThe enterprising purchaser settles down in the woods with a young family, and, placed in a situation where ed their lands untill near Christmas; the following Janhe must either work or starve, toils and strives, labours uary was, however, intensely cold. In the succeeding and tugs with the world until the vigor of youth is wast-year no cold weather occurred until February, when it ed, his substance exhausted, a few acres cleared, reared a large family, and then in his old days visited by the sheriff, and the hard earnings of twenty year's labour of himself and family, sold to pay the original purchase money. This is no fiction. Such things have been, and are in my opinion no less cruel and oppressive to the unfortunate purchaser, than disgraceful and inhuman on the part of the landholder. Then I say, let our wealthy The weather, for the last several days has been warm landholders, many of whom I know to be humane and and sultry, with light showers of rain; on Sunday 21st,inst. honorable, cut up a given quantity of their waste lands the ice broke up in the Delaware, but which continued into smaller tracts, and give the title in fee to compa- in a floating state for several days; the navigation now nies upon condition that they settle upon and improve | remains clear for commerce. WEATHER. 142 EXPENSES OF GOVERNMENT OF PENNSYLVANIA. [FEBRUARY "EXPENSES OF GOVERNMENT" OF THE STATE OF PENNSYLVANIA-FROM 1791 TO 1829. *Includes 15,000 to sufferers by fire at Savannah, and 10,000 to the City during Yellow Fever. 1852 73 | 218,393 85 5920 51 4992 52 5038 95 1830.] 1827. MEETING OF PEOPLE OF COLOUR. 143 25th, Overcast a.m. cloudy and Snowing after sunset. -26th, Clear, wind high a.m. cloudy p.m.-28th, Clou dy p.m. river closed with ice.-30th, Clear, high sharp wind, p.m.-31st, Overcast, sky red all round the horizon in the morning. Began to snow at 4 p.m. In our first vol. p. 10& 11, we published tabular gen-24th, Clear morning, overcast at 10 a. m. cloudy p.m. eral views of the Finances of the State, from 1802 to In the preceding table, which has been compiled from the published annual accounts of the Auditor General, we have given "the expenses of the government,” and each department of it, for each year from 1791 to 1829, with the exception of the year 1804, which after very diligent search among the public libraries, and numerous individuals, we have not been able to obtain. This table is the first of a series which we have in preparation, entering into details of the expenditures of the different departments. METEOROLOGICAL REGISTER. 1830. Weather. A.M. In this, I have not set down the mean temperature of any day, but by adding together, the morning, noon and evening observations, of any day, and dividing by 3, will give the mean temperature of that day. By fol lowing this rule we find, from the above observations, that the 30th of this month was 5° colder than any day in 1829. The Radiation of heat and cold shall be the subject of my next inquiry. A PUBLIC MEETING OF COLOURED INHABITANTS OF PHILADEL- At a public meeting of the respectable people of colour, of the city and county of Philadelphia, held in the first coloured Wesley Methodist Church, on the 16th, inst. PETER GARDNER, was called to the chair; and JuNIUS C. MORRELL, was appointed secretary. The object of the meeting being stated, the following resolutions were adopted. Resolved, 1st. That we do most cordially rejoice that the bond of brotherhood, which rivets a nation toP.M.gether in one indissoluble chain, has collected so large a portion of our people together to sympathize and commiserate the condition of our brethern recently from Ohio, now in Canada. Clear Clear Clear Ov.cast Cloudy Clear Clear S 1038 43 41 28 78,65 70 N W M 11152824 29 50 43 50 T 12214034 50 38 58 W W 13 2444 39 T 1433 45 37 2010 00 S Cloudy Clear F 15 30 43 40 28 90 80 73 S W S 164153 44 64 6065 S W S 1738 39 31 707890 E to N Clear Clear M 1817 24 22 29 10 20 25 S to W F S 23 27 28 24 29 10 20 20|| w M 2521 36 31 28 90 82 90 N to E 27 17 32 34 28 90 80 80 S W T2819 28 22 29 25 25 25 N W 22 30 45 41 28 80 60 80 S W s 24 13 23 23 353030 W W Cloudy Clear Cloudy Cloudy On the 9th, overcast, at 9 a.m. Snow at 5 p.m. Rain at 9 p.m.-10th, Cloudy morning, rain at 9 a. m. continued steady rain till 9 p. m.-12th, Zenith clear, eastern horizon red, southern and western cloudy.-15th, Zenith clear, horizon from NE to SW cloudy in the morning, cloudy afternoon; a rainbow in the NE before sunset, without rain or clouds.-17tb, Overcast, rain at 9 a.m. continued rain till night, then ended with a snow, shower, wind at N.-20th, Cloudy calm; clear and windy 21st, Zenith clear, horizon cloudy, in morn ing sun thro' clouds at noon, evening clear.-22d, Overcast a m. cloudy at noon, clear evening.-23d, clear, a light snow before day, clear and windy in the afternoon. Resolved, 3d. That we view with deep interest the disposition and transactions of our brethern in Ohio, so far as relates to their emigration to Canada, the noblest design and patriotic achievement ever performed by our people in this country. Resolved, 4th. That the Colony, in Canada,not only merits the approbation and esteem of every philan thropist, but of every man whose sable skin divests him of his freedom, and impairs his usefulness in this country. Resolved, 5th. That we view it as an asylum from oppression, and a generous invitation for our people to dwell in a land where they can breathe the pure air of liberty, and where every opportunity is held out for us to occupy that space, and enjoy those rights in the moral world, which God, in his wisdom has destined us to fill as rational beings. Resolved, 6th. That we view with charity the national policy of the American Colonization Society; as one necessary to the interests of the white inhabitants of this country. Resolved, 7th. That we recommend that philanthropic association to turn its attention to Canada, where it can complete much, with less means, and more convenience; and in a climate more congenial to the health and prosperity of its colonists, and already under the influence of civilization. Resolved, 8th. That we return gratitude to those philanthropists who have enacted laws to ameliorate our condition, and also, shall ever reverence those who may yet promote our interests, and especially Pennsylvania, under whose laws it is our happy lot to remain subject: but we solemnly deprecate such laws as those in Ohio, which have completed the banishment of our brethren from these United States. Resolved, 9th. That we do cordially and earnestly wish for the prosperity of that neighbouring nation, (without the most distant idea of revolting against the laws of our country) for her benevolence in opening a door for the oppressed, whose only crime or transgression was the unalterable colour of their skin. men present. The Governor joined a small party, and Mr. Morris perceived the end of the Governor's sword projecting beyond the scabbard, and said, mildly, “why Governor, thou hast lost the ferule of thy scabbard.” The Governor, either not knowing the fact, or pretend Resolved, 10th. That the thanks of this meeting be tendered to the benevolent citizens of Philadelphia; who, being informed of the situation of these unfortunate people, afforded much pecuniary aid towards alleviating not to know that he had lost it, raised his sword up, ing their wants. Resolved, 11th. That if any of the sentiments contained in the above resolutions shall prove offensive to the American people, we sincerely hope that their knowledge of our ignorance will be a sufficient apology while we declare that our intentions are pure, and the only event that gave rise to our present sentiments was the oppression of our brethren, in a country whose republican constitution declares, "that all men are born free and equal" MISCELLANEOUS. In the account of CRAWFORD COUNTY, published in Register, vol. III. p. 10, extracted from the "Crawford Messenger," there is no notice taken of the Curiosities mentioned in the following extract. It is probable they have been omitted, or discovered since. If they really exist, we shall be glad if the Editor of the "Messenger" would furnish us with more particular information on the subject. Curiosities of Pennsylvania.-In Crawford county, on an extensive plain, there is a yast mound of stones, containing several hundred thousand cart loads. This pyr amid has stood through so many ages, that it has be come covered with soil, and from the top rises a noble pine tree, the roots of which, running down the sides, fasten themselves in the earth below. The stones are many of them so large that two men can only move them with difficulty, and yet they are unlike any others in the neighborhood. Indeed there are not in the neighborhood, any quarries, from which so large a quantity could ever have been taken. This artificial curiosity is and said, "yes, I see I have." Mr. M. said, "I have one Governor, which I will give to thee," and pulling out the ferule appplied it the point of the "sticking iron,” observing, "why Governor I protest it fits exactly."The circumstance of his having been a party in the riot being known to those present, a loud titter was forced from the company, and his Excellency, as the tradition is, looked very much ashamed. But this lesson did not reform him. The rioters did not belong to a Temperance Society, or in place of rum they would have preferred taking a draught of the pure spring water, which came up through the hollow of a stump, that stood in front of the Dock, between Front and Water streets, and was greatly resorted to by the people of the vicini ty. LIBERAL BEQUESTS. J. M. George S. Savery, Thomas Mitchell, and Judah DobEsq. having closed the Estate; in pursuance of the reson, Executors of the late WILLIAM MACKENSIE, quest contained in the Will of the Testator, have distributed the residue to the following charitable institutions, viz The Association for the care of coloured or- The Female Association of Philadelphia for the phia, The Roman Catholic Society of St. Joseph's for Educating and Maintaining Poor Orphan The Scots Thistle Society of Philadelphia, Children, The Female Episcopal Benevolent Society, on the borders of Oil creek; a name derived from a natural curiosity no less remarkable than the foregoing.The Female Hospitable Society of Philadelphia, The Pennsylvania Colonization Society, Springs exist on its margin, from which there is a constant How of oil, floating on the surface of the water and The Welsh Society of Philadelphia, The Magdalen Society of Philadelphia, running into the creek, which may be seen for a great The Society of the Sons of St. George estabdistance down the stream. The oil is burned in lamps, and used in various ways; but is particularly valued for lished at Philadelphia for the advice and asits medicinal qualities. The inhabitants make excavasistance of Englishmen in distress, tions in the low and marshy ground; which are immedi-The Trustees of the Pear st. School House, The Dorcas Society of Southwark, ately filled with water, covered with oil, which they The Indigent Widows and Single Womens' skim off. Considerable quantities are annually brought to this city and sold to the apothecaries. Society of Philadelphia, N. York Jo. of Com. [COMMUNICATED.] The Historical Notes, in your last No. of the "Register," were highly interesting, but they would have been more so, had the author dilated upon some of them. Here follows an addition to one of them:-Governor EVANS, who is mentioned as having been engaged in a Jow squabble, was a licentious character, and his appointment was very unfortunate. I presume it was on the occasion of this broil, that the story I am about to tell refers. In the course of a riot in a house in which the Governor took part, the ferule of his sword came off, and as the affair happened in Water street, a little above the Dock, Mr. Morris, the brewer, whose house and establishment were near the scene, went to it, doubtless to restore harmony. He was astonished to find his ExcelJency in the midst of the rioters, and picked up the ferule which he put in his pocket. The next day he went to the Coffee-house, where the proceedings of the preceding night, engaged the conversation of the gentle $500 00 500 00 250 00 500 00 700 00 250 00 350 00 88 00 500 00 500 00 250 00 250 00 250 00 250 00 THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. V.-NO. 10. EDITED BY SAMUEL HAZARD. PHILADELPHIA, MARCH 6, 1830. LAW CASE. SUPREME COURT. Commonwealth vs. James M'Claskey, John Paisley, and David Farrell. NO. 114. present, Edward Smith, Jacob Thomas, Thomas Guire, and Robert M'Affee; Mr. Guire presented the memorial of sundry inhabitants complaining of certain abuses practised at the election held on the 20th March, which being read, on motion, it was resolved, that on the 13th inst. they would inquire into the abuses complained of THIS was a rule to show cause, why a writ of quo in the memorial. And on the 13th, having previously warranto should not be issued to show by what author- given notice to the respondents, who did not attend, ity the respondents acted as commissioners of the Town-they did inquire, set aside the election, and ordered a ship of Moyamensing in the county of Philadelphia.-new election to be held the 23d of April, which resultThe case was fully argued by Josiah Randall, and Pe- ed in the election of James Ronaldson, Robert Thornter A. Browne for the relators, and F. A. Raybold, G.ton, and Samuel Baker, whose election was approved of M. Dallas, and Horace Binney, for the respondents. The opinion of the Court was delivered by Justice ROGERS. Justice HUSTON delivered a written opinion dissenting from that of the court; and the Chief Justice, GIBSON, delivered a verbal opinion, stating the ground upon which he differed from both the opinions previously delivered. The following is the opinion delivered by Justice KOGERS, in which Justices Top and SMITH Concurred: by the four commissioners above stated. This is an application in the case of a public corporation for a rule to show cause by what authority the res pondents claim to exercise the duties of commissioners of the Township of Moyamensing. The question arises on the third and fifth sections of the act of the 24th March, 1812, entitled an act to incorporate the Township of Moyamensing in Philadelphia county. From the facts which have been disclosed, it is appa The 20th March, 1829, the respondents were elected rent that the approval of the election of the respondto serve for three years as commissioners of the Town-ents depends altogether on their own votes, and that ship of Moyamensing. It appearing at the close of the independent of that vote, there has not been that conpolls that they had the highest number of votes, and firmation of the election which is required by the act of the judges having given them notice of their election, incorporation. The inquiry will then be, to which all on the 2d April, 1829, they took the oath of office. The others are in some measure subordinate, whether the judges, in pursuance of the second section of the act of act authorizes this proceeding on the part of the comincorporation, returned the respondents as duly elect-missioners elect; whether each of these who have been ed. Before the meeting of the commissioners, which is returned elected, are entitled to judge of their own directed to be on the first Monday in April, a memori election, with full power and authority to approve al, respectful in its terms, was prepared and signed by thereof. a number of the legal voters of the Township, alleging It will be conceded that when it can be avoided, no that sundry abuses were practised and many votes ta- man should be permitted to decide his own cause, nor ken of persons who were not citizens qualified to vote can I perceive much difference, when he is called on to for members of the General Assembly, and praying that determine his right to an office of profit, or one of trust, the abuses may be inquired into according to law, and accompanied as this is with extensive patronage. The they annexed to the memorial evidence of the illegality temptation to an abuse of the trust is as great in the one of three votes. At the time appointed for the meeting case as the other, and is such, that no prudent legisla of the commissioners, viz: the 3d Monday of April; pre- ture would intrust such a power to any person, unless in sent, Edward Smith, Jacob Thomas, Robert M'Affee, cases of necessity; and when such necessity, in the opinSamuel Bell, George Kirkpatrick, commissioners, and ion of the legislature, exists, the grant of the power the respondents John Paisley, James M'Claskey, and would, we should be led to suppose, be expressed in David Farrell, commissioners elect. Edward Smith sta- such clear, unequivocal terms, as to leave room for neited that he wished to lay before the board a remon- ther doubt nor cavil. In England, it is said, that even strance contesting the election. The remonstrance was an act of parliament, made against ritual equity, as to not suffered to be read, nor was any vote taken on it, make a judge in his own case, is void in itself; for, as it but it was ordered to lie on the table by George Kirk-is expressed, jure natura, sunt emmitabilu, and they are patrick, who had been elected president pro tem. The returns of the election were then read, when it appeared that John Paisley had 217, James M'Claskey had 155, and David Farrell 150 votes. There is then this entry on the minutes: Adopted by a majority of the board, which, although informal, amounts in substance to an approval of the election of the respondents. Edward Smith, Jacob Thomas, and Robert M'Affee were opposed to the approval. The oath of office of the commissioners elect was then read, together with a notice An act of the legislature, says Judge Chase, in Colof their election. The board, viz. the commissioners den and wife vs. Bull, 3 Dal. 386, contrary to the great elect, and two of the commissioners of the old board, first principles of the social compact, cannot be considwent into an election for president and other officers,ered a rightful exercise of legislative authority. The Jacob Thomas, Edward Smith, and Robert M'Affee, re-obligation of a law in governments established on exfusing to take any part in the proceeding. The 10th of pressed compact and on republican principles, must be April, 1829, at a special meeting of the commissioners, determined on the nature of the power on which it is VOL. V. 19 legis legem. Davy vs. Savadge, 1 vol. 87, and in 12 Mod. If an act of parliament should ordain that the same person should be party and judge, or which is the same thing, judge of his own cause, it would be a void act of parliament; for it is impossible, say the court, that one should be judge and party, for the judge is to determine between party and party, or between the government and a party. And our own courts appear equally averse to the introduction of such a principle. |