1829.1

ALIEN JUSTICE OF THE PEACE.

granting miscellaneous supplies, through the instrumentality of the committees of collection, or of particular individuals. In this course there was no danger of imposition, and every certainty of just application. Personal scrutiny was had into each case claiming attention, and the specific want promptly provided for. Another portion of the fund, the sum of one thousand five hundred and seventy-five dollars, has been divided among seven charitable institutions of our city and county, through the active agency of whose members, specially instructed by resolutions from this committee, the intention of our constituents were to a certain extent, best effected. These institutions are the Provident Society-The Female Hospitable Society for relieving and employing the Poor-The Female Association for the relief of reduced women and children-The Female Society for the relief and employment of the poor-The Southern Dorcas Society--The Dorcas Society of the District of Southwark--and the Female Association for the relief of sick and infirm poor.

A small portion of the fund, the sum of sixty dollars and eighty-three cents, has defrayed the contingent expenses necessarily attendant upon the business transacted; and the residue, to wit, one hundred and ninety dollars, has been apportioned equally for distribution to the necessitous poor in the Northern Liberties and the District of Southwark.

In fulfilling their laborious trust, the committee have benefitted by the proffered co-operation of many of their fellow citizens, whose names and services they would take pleasure in recording, were they not fearful of offending the delicacy invariably associated with pure and practical charity. An unaffected and indefatigable zeal has indeed characterized the community at large, displaying itself in every variety of action which could tend to alleviate a greater extent of misfortune and want than has heretofore been imagined to exist in our population. The keen and prolonged severity of the season aroused the anxieties and energies of benevolence; and it is believed that the good effected has exceeded all reasonable anticipation.

THOS. P. COPE, Chairman. Philadelphia, 23d March, 1829.

ALIEN JUSTICE OF THE PEACE. The committee to whom were referred the petition of sundry freeholders of Butler county, and testimony taken according to law, against Hugh Lee, Esq. who has acted as Justice of the Peace of Butler county,

REPORT,

231

sions of the act of "14th January, 1804," the authority
is not given of taking testimony against "Justices of the
Peace," except for official misconduct. The terms of
the aforesaid act appear to be general, that, "on com-
plaint made in writing, signed by at least 20 taxable in-
habitants of any township or county, against any Justice
of the peace, residing therein, any judge of the Su-
preme Court or the Court of Common Pleas, is autho-
rised to issue his process to any constable," &c. Your
committee are, therefore, of opinion, that we were
bound to act upon the testimony referred to us, and to
report to the House the opinion which your committee
has formed from it. Whether the Legislature will be dis-
posed to remove Hugh Lee, who is a justice of the peace
de facto, when there is no allegation of official misconduct
against him, is a question of importance, the decision of
which your committee leave with this honourable body.
Your committee beg leave to offer the following reso-
lution.

Resolved, That the committee be discharged from the further consideration of the subject. Which was laid on the table. [Referred to the next legislature.]

PENNSYLVANIA CANAL.

House of Representatives, March 28.
REPORT.

"The canal commissioners of Pennsylvania in obedience to a resolution of the House of Representatives, directing them to report "to what extent the several lines of canal have been injured by the floods and ice of the present spring, and what will be the probable cost of repairing the same," respectfully submit.

That the first act of the board at the present session was to institute an inquiry upon the interesting subject referred to in this resolution. They required of each officer of the board present, in Harrisburg, a report as to the amount of damage done, so far as it fell within his observation. Such reports in regard to the lines of canal along the Allegheny, Kiskeminetas, Conemaugh, Juniata, Susquehanna, North Branch, West Branch, French creek feeder, and Delaware, have been received, and annexed hereto.

The result has been gratifying beyond the explanation of the board, and will entirely remove the apprehensions felt by the public and the legislature. The character of the last winter has been unusually severe. The accumulation of ice, and the consequent hazard to the public works at the time of its breaking up, greater than has been known for many years, and greater also than can reasonably be expected for many years to come. Still the whole amount of injury has not ex

That they have carefully examined all the testimony submitted to them, and that there is no proof or even allegation of official misconduct against Hugh Lee, Esq.ceeded $17,000! and it has been confined to the SusThe single point to which the testimony goes, and to which the examination of your committee was confined, is, that Hugh Lee is now and was at the time of his appointment by the Governor, an Alien.

The other quehanna, Juniata, and Eastern divisions. lines are believed to have escaped without damage of any kind, from the causes named in the resolution of the House. The works injured on the Susquehanna Your committee regret that the testimony taken is division are the Shamokin dam, of which about half the not more clear and explicit, but are of opinion from the superstructure is carried away, and the abutments of the On the Juniata, the testimony before us, that the point is established, and Bridge at Duncan's Island to an inconsiderable amount, that Hugh Lee was at the time he was commissioned by together estimated at $10,000. the Governor an Alien, and being such the right to ex- abutments and locks connected with two of the river ercise the office could not vest in him. Hugh Lee was dams, have been injured, the dams themselves remaincommissioned a Justice of the Peace on the 26th Sep-ing firm, and about 40 perches of unfinished wall cartember, 1808, and it is contended on his behalf, that as he has been in the unimpeached possession of the right to exercise the office of Justice of the Peace for twenty years"--that this right ought not to be inquired into after the lapse of time. Your committee are of opinion, that, as Hugh Lee was an alien, he is not of that description of persons who under the constitution and laws of this commonwealth, could be legally appointed to act as Justice of the Peace. His commission being void, no lapse of time could impart validity to it, or protect him in the enjoyment of a pretended right which could

never vest.

ried away. The whole loss estimated at $5000. On the eastern division no injury has been done, except to the dam at Duncan's Island, the cost of repairing which will not exceed $2000.

For further particulars the Board respectfully refer to documents annexed to this report, marked A. B. C. D. E. F. G. and H.

Signed by order of the Board.

DANIEL MONTGOMERY, President. Joseph M'Ilvaine, Secretary,

The following Report was made to the Senate on

It has been further contended, that under the provi-Monday, 30th March.

5th. Although the superintendants of canal lines have the same powers and duties as acting commissioners, yet, as they are not members of the board, and cannot be in-ness, and his residence must be at a point easily accestimately acquainted with all the views of the canal commissioners, it has been necessary to make the secretary the organ of communication between the board and these officers: that as the agent of the board, he should aid them and the engineers in the organization of their lines-instruct them as to matters of form in the execution of their duties-afford them his counsel and advice in difficulties, and communicate to the board at their several meetings all necessary information in relation to the progress and state of the work.

Among the most important duties of the secretary, is that of organizing new lines of canal, and instructing newly appointed officers of all kinds, as to the nature and forms of their duties, and the principles which have 6th. Since the location of the Pennsylvania rail road, been established by the practice of the board. For this that branch of the public works has been under his di-purpose he has possessed advantages which no other inrection in a peculiar manner. At the session of the board in December last, a question as to the appointment of a superintendent for that line, came before them. A number of applications and recommendations were presented; but on account of the equal merits of some of the most prominent applicants, they found themselves greatly at a loss to decide. It was proposed, that the secretary should be appointed temporary superintend

tive and arduous service has been fully vindicated. The board are not aware of any instance in which the legitimate powers and duties of this officer have been exceeded or perverted; on the contrary, they have been executed with a promptitude, zeal and ability, entirely sa isfactory to the board, and as the board believe, highly advantageous to the commonwealth.

Signed by order of the Canal Commissioners,

DANIEL MONTGOMERY.

233

Cumberland, and designated by the name of the Conococheague settlement, which it had received from its principal waters, the Conococheague creek. It is bounded Northward by the counties of Perry and Cumberland-East by the county of Adams-South by Maryland, and West by the county of Bedford and part of Huntingdon. Its greatest extent from East to West is 34 miles, and from North to South 38 miles. It contains an area of 734 square miles, and of acres 469,760. Its population in 1800 was 20,154-in 1810, 23,173—in 1820, 31,909, and at present, we think, may be estimated at 40,000. The taxables exceed 6000.

We copy from the Franklin Republican' and 'Franklin Repository,' of Chambersburg, the following deThe county consists of a valley bounded on the East scription of Franklin County-and are much gratified by a range of mountains, called the South mountain, runwith the disposition evinced in different parts of the inning nearly North and South, and at an elevation above terior, to impart information calculated to make us bet ter acquainted with the different sections of the state. Again we would express a hope that from the other counties we shall be favored with similar statements.

FRANKLIN COUNTY.

Whilst the present age is distinguished by the efforts of both governments and individuals to explore the earth and seas, and the public receives with interest the description of an icy coast on the Northern ocean, or a coral island in the Pacific, it is presumed that a physical geography of this commonwealth would be acceptable and interesting to an inquisitive public.

the middle of the valley varying from 600 to 900 feet. On the West it is bounded by a more rugged and elevated range of mountains, whose general direction is about North East-the Western Tuscarora or Cove Mountain, being at an elevation of about 1700 feet above the level of the middle of the valley. The principal waters have their sources in the mountains not far from their summits, from which they flow towards the middle of the valley, and nearly all unite in forming the Conococheague creek, a large stream which empties into the Potomac at Williamsport. The Antietam creek has its source in the South mountain and parts contiguous, and flows South through the state of Maryland. The Conodoguinet creek has its source in the North Mountain, and runs North for a number of miles, whilst West Conococheague, on the West side of an intervening moun tain, has a course nearly parallel, but flowing in an opposite direction to the South. These waters with their many small tributary streams, flow through the valley in every direction, and furnish not only a supply for all the As we have no provision made by our government for purposes of husbandry, but afford water power to a very the purpose, and are without men of science and re- great extent. This power now gives operation to about search, whose circumstances, leisure and inclination 80 stone and brick Mills, for the manufacture of flourwould admit of that minute survey and personal explo- 100 saw-mills-20 Fulling-mills-5 Furnaces-6 Forges ration of our whole state, necessary to its proper topo--3 Paper-mills-1 Cotton factory-7 Woollen factographical description, we must be content, for a term, ries for the spinning and weaving of wool, and some othto obtain as much of this knowledge as the instruments er manufactories in iron. Whilst the mills now erected and means in our power will conveniently furnish, with for the manufacture of Flour are sufficient to manufacthe hope that public attention will be more awakened ture double the quantity of grain grown in the county, to the subject, and that the present generation will be we are satisfied that little more than one half of the wagratified by a physical geography of this state, embra- ter power of our streams is yet occupied or applied to cing a mineralogical and botanical survey, filled up by any useful purpose. individual contribution and public patronage.

The taste which can only be satisfied with the description of objects and events in some remote parts of the globe, is ill directed, and requires correction, as much as that excursive philanthropy which seeks objects for the employment of its benevolence in distant regions, when it overlooks those which are at its doors.

The valley between the mountains presents a surface The plan adopted by Mr. Hazard, editor of the "Regis- varying some in aspect and soil. The greatest portion ter of Pennsylvania," of publishing and preserving in of it is Limestone land of a good quality, well watered his valuable periodical, a description of the different by numerous springs, fertile and in a high state of culcounties of the state, which description is solicited from tivation and improvement. This quality of land we escitizens whose acquaintance with the locations and phy-timate at about 180,000 acres, being generally occupisical features of their respective counties, will enable ed in farms of from 100 to 300 acres, and some larger, them to describe their natural and artificial advantages and on nine-tenths of which the owners reside, and, with and resources, is commendable, and deserving of atten- but few exceptions, cultivate them with their own labor tion and support. However uninteresting such a de- and that of their families. This land is not very hillyscription may be to those resident in the district descri- its prevailing character is undulating, with a few hills of bed, to whom it is familiar, it is a matter of interest to such elevation as not to obstruct much their convenient strangers and our fellow citizens of remote counties: and cultivation. West of the Conococheague creek prevails though this fountain of knowledge may not be valued the Slate soil, narrow at the Maryland line, but widenat its source, yet when from every county it flows to ing at the North, so as to embrace a considerable part one common channel, they will form a stream of useful of the North-western part of the county. The quantity information to our statesmen, and of gratification to eve- of this description is estimated at 160,000 acres. ry inquisitive reader. As no one has yet ventured to Though not so fertile and productive as the limestone describe Franklin, which is entitled to a grade in the land, and considered of inferior quality; yet as it is culscale of counties not to be undervalued, we have pre- tivated with less labour, and at a smaller expense, and sumed to supply, imperfectly, the omission by a gene- abounds in streams that create a great amount of ral outline, until some better qualified observer will give natural meadow, which afford great quantities of grass the public a more finished and complete picture. In and hay for stock, those who cultivate these farms with execution of the plan, we offer a plain sketch of Frank- care, industry and management, are but little behind in county, without the embellishments of fancy, or any their limestone land neighbours, in the means of comother imagery than what is marked out in the prominent fortable and independent living for themselves and famfeatures of nature and art, as exhibited in the works of ilies. both.

There is a body of land between the South mountain and where the limestone appears on the surface, running parallel to the mountain throughout the county of

from one to two miles in width, known by the name of 'Pine Land,' which, for fertility and certainty of product, is not surpassed by any land in the county, and which we estimate at about 20,000 acres. There is on the soil of this land a considerable portion of sand mixed with clay at the surface, and on it are many round stones, having the appearance of being smoothed and rounded by the attrition of water. The sand and stone seldom penetrate more than ten or eighteen inches and rest on a bed of red and yellow clay of great depth; but when perforated to a considerable depth, in sinking wells for water, the limestone rock is met with, on which it appears to be based.

guishable from the Juniata, and the iron manufactured from it is not inferior. The South mountain streams and wood furnish facilities for the working of this ore, which it is hoped, will soon give employment to a considerable portion of American capital and industry.

Though there is a tradition from the first white settlers of this county, that at its first settlement the Indians were in the habit of going into the South Mountain for Lead to make bullets; from which they returned supplied, but studiously concealed the place,—yet no traces have yet been found of its existence by the present inhabitants, though it is the opinion of many, from the circumstances narrated by the early settlers, that there is lead in the South Mountain, between this county and Adams, which has escaped the discovery of white men, and which time and attention will probably develope.

The mountainous districts, or the Eastern and Western boundaries, contain about 110,000 acres. The South mountain presents almost an unbroken forest, covering a soil too sandy and sterile for grain or grasses, but principally favorable for the growth of forest trees; White Marble is found in various parts of this county; and from experiments that have been made, there is and from the extent and variety of the limestone disreason to believe that the peach, plumb, grape and tricts, there is but little doubt that much more will be cherry will flourish on this soil, as well as on the moun- discovered, varying in quality, colour, and texture. The tains that bound us on the west. The mountains on the limestone which abounds on the surface, is of a blue western side, though rugged, exhibit greater variety of colour, of solid texture, laying in strata of various thicksurface and soil, and between their parallel ridges have nesses, and inclined generally to the horizon, at an anvalleys varying in extent, beauty and fertility. Pathgle of about 45 degrees, and the prevailing dip being Valley, which is situated between these western moun- to the South-east, and intersected by perpendicular tains, is a valuable and interesting part of the county. fissures. This limestone, in many places, posIts general direction is that of the mountains, North-sesses in its composition marine fossils of great vaEast, and possesses the same variety of soil, water, cul- riety: the largest and finest specimen of the Cornu tivation and improvements with the body of the county. Ammonis found in the United States, are met with in It has, however, a more picturesque appearance; the ef- the limestone quarries in and adjoining the borough of fect of mountain heights and scenery, almost overhang-Chambersburg. The facility with which limestone is ing the well cultivated and improved farms below. It here procured, and its adaptation to building, from its is, with a contiguous small valley, called Amberson's, di- form and solidity, must make it always valuable as a vided into two townships, which contain at present 537 material for the construction of permanent buildings and taxable inhabitants. fencing, whilst its conversion into lime will furnish the farmers a manure that will maintain and improve the fer

The staple agricultural products of the county, are the commón ones of the state, viz:—wheat, rye, corn-tility of their soil: and oats. To the growth of barley, hemp and flax, there is an extensive fertile soil, peculiarly adaptedyet neither is cultivated to an extent demanded for the interests of the cultivator and the community. For the cultivation of hemp there is every encouragement which a fertile soil can afford for its growth, and every advantage of water for its rotting.

The prevailing Forest trees are the white, black, red, swamp and chesnut oak-chesnut, poplar, elm, black and white walnut, hickory, acacia or locust, ash, maple, sycamore, red, white and pitch pine. The red cedar, black mulberry, and sassafras are to be found in small quantities in many parts of the county; the chesnut is only found on the mountains or land contiguous, the The grasses, extensively cultivated, are the clover pine and chesnut oak are to be found principally in the and timothy. Herd grass, which was introduced some mountains, and are rarely met with in the limestone soil; years since, has been carried by the wings of the wind, the sugar maple first discovers itself amongst the mounto almost every part of the county; it marks the mea-tains on the west, and we are not aware that the tree is dows and drafts by its red top, and is supplanting in ma- met with east of the North mountain. So great is the ny places, the indigenous sour grass of wet soils. The variety of forest trees common to the soil of this part of orchard grass, but lately and partially introduced, has the state, that on a small surface, not exceeding one flourished so as to encourage its cultivation. acre, may be found of native growth, ten or fifteen varieties. Amongst the wild fruits are crab apples, plums, grapes, gooseberries, whortleberries, raspberries, blackberries, walnuts, chesnuts, shell-bark and hazlenuts. The apple, peach, and cherry are cultivated to a considerable extent; the apple flourishes, and amply repays the attention of the cultivator by the abundance, variety and richness of the fruit; the early decay to which the peach and pear are subject, discourages and limits their cultivation.

Some of our citizens have, within a few years, given some attention to the growing of the White Mulberry and the feeding of the Silk Worm. On one farm, near Green Castle, there are, at present, 60,000 of the White Mulberry plants, about 6000 of which are of a proper size for removal, and are offered for sale to the public on reasonable terms. The soil and climate of the county afford every advantage to the cultivation of Silk; and we wish our citizens could be fully awakened to the value and profit of this article of trade.

The Flora of the county is not distinguishable from The minerals yet discovered, consist of Iron Ore of that of other parts of the state; our calcareous districts great abundance and superior quality. The mountain not only exhibit an exuberant vegetation that displays which forms the western boundary of the county, for the our grasses and esculent herbs in the dress of beauty distance of many miles along the Path Valley, exhibits and grandeur, but even our siliceous mountains are dea line of iron ore of great extent; and, whenever open-corated with the greatest variety of the most brilliant ed or explored, of great depth and easily accessible. flowers, delighting the senses by their various forms, coThere is in the vicinity of this body of iron ore, moun-lours, and fragrance. The gloom and sterility of the tain streams and forests that will supply water power and fuel. At a short distance west of the South mountain, and running parallel with it from one end of the county to the other, is a line of superior pipe and honey comb ore, showing itself at intervals in the limestone region, found, as that description of ore is generally found, in nests, as the miners generally term it, of irregular and broken forms. This ore, in appearance, is not distin.

dark forest or the swamp are adorned with the variegated laurel, and in some parts the magnolia glauca, and tulip poplar, in the darkness of shade and solitude, attract and captivate the observing traveller.

Franklin has within its limits a number of considerable towns. Chambersburg, which is the seat of justice, is one of the most flourishing inland towns in the State. It is pleasantly situated at the confluence of the Falling

MACAULEY'S FLOOR CLOTH MANUFACTORY.