founded. A law that punished a citizen for an innocent action, or in other words, for an act which, when done, was in violation of no existing law; a law that destroys or impairs the lawful private contracts of citizens; a law that makes a man a judge in his own cause; or a law that takes property from A. and gives it to B. It is against all reason for a people to intrust a legislature with such powers, and therefore it cannot be presumed they have done it. The genius, the nature, and the spirit of our state governments amounts to a prohibition of such acts of legislation, and the general principles of law and reason forbid them. To maintain that our federal or state legislatures possess such powers if they had not been expressly restrained, would be a political heresy, altogether inadmissible in a republican government. To these high and imposing authorities, I may add the opinion of the present chief justice in the Commonwealth vs. Woelper, see 3 S. and R. 43, which it is a mistake to suppose was overruled or contradicted by the other

members of the court.

In this view, the right of the legislature to pass a law making a man a judge in his own cause, struck the judicial mind in England, and in this country, and particularly the powerful intellect of Justice Chase. Altho' I fully accede to the general principles of that distinguished jurist, yet I should certainly pause before I would carry them to the extent he seems willing to go. If the Legislature should pass a law in plain, unequivocal, and explicit terms, within the general scope of their constitutional powers, I know of no authority in the government, to pronounce such an act void, merely because, in the opinion of the judicial tribunals,it was contrary to the principles of natural justice. For this would be vesting in the court a latitudinarian authority, which might be abused, and would necessarily lead to collisions, dangerous to the well being of society. Ideas of natural justice, are regulated by no certain or fixed standard, so that the ablest and purest minds might sometimes differ with respect to it. Besides, necessity dispenses with these general principles, and the Legislature must be the judges, when the necessity exists, where the exigencies of society require the investment of such extraordinary powers. It must undoubtedly rest in their wisdom to determine when the public welfare, to which all else must be subservient, requires the assumption of such principles. Whilst then, I in some measure disclaim the doctrines of that eminent man, whose abilities, I believe, have never been doubted, yet the court have a right to claim the benefits of another principle of construction. Unless the words of the act be plain and explicit, the court is bound in decency to conclude that the legislature had no intention to violate the principles of equity, or without necessity to contravene the first principles of the social compact. That as it is against reason and justice, and the fruitful source of faction, corruption, and abuse, that a party should judge his own case, it is not to be presumed, but directly the contrary, that the Legislature have invested the respondents with such extraordinary pow

eminent jurists, as an acknowledged principle of universal law. Each one must be permitted to vote in the case of his fellows, but not in his own. The election of one of the nine, might be well questioned without interfering with the rights of the others.

After the corporation has been called into being, no necessity can ever be pretended, as then there are persons acting under the sanction of an oath, competent to decide upon the conflicting claims to a seat as members of the board.

The third section provides, that the nine persons who shall, at the next election, to be held in pursuance of this act, have the highest number of votes, for the office of Commissioners, &c. on the first Monday in April next following the election; and the three persons who shall, at every subsequent election, have the highest number of votes for the said office of Commissioners, together with the six Commissioners, whose time shall not have expired, shall meet together, at such place as shall be legally appointed, &c. on the first Monday in April next following each and every election, to be held in pursuance of the act; and shall then and there receive the said returns of Commissioners elect, and shall forthwith proceed to examine the same, and to judge and determine thereon; and for that purpose the commissioners so met, or a majority of them, shall be judges of the said election, and shall have full power and authority to approve thereof, or to set aside the same, and to order new elections, as the law may require, to be held in the manner herein before directed, and at such times as shall be by them appointed, &c.

The fixing a particular day for the meeting of the commissioners and the commissioners elect, is necessary, because, in case there should be no dispute, they would be in attendance and in readiness to enter upon the discharge of the duties of the office; and in point of view it was a prudent precaution. As the scrutiny is usually made at the polls, the examination of the returns and the approval of the election is, in a great majority of cases, a mere matter of form. But when there is reason to believe that the return member has not been duly elected, it becomes a different affair.Then another and a more careful scrutiny takes place, before a tribunal, on whom devolves a most important duty, to examine, judge, approve, or set aside the election. The act says, and for that purpose the said commissioners so met, or a majority of them, shall be judg es of the said election: That is to say, for the purpose of examining and judging, the commissioners shall be the proper tribunal. What, then, do the legislature mean by the terms, the commissioners so met? In my judgment, they intend to designate commissioners in the strict and legal sense of the word. Who, then, is a commissioner? A person cannot be considered as such until he is duly qualified to perform all the duties of the office. And this can only be when he has been elected, returned, and his election approved, and when he has duly taken the oath of office. The commissioners so met, means the commissioners whose time has not expired, in exclusion of the commissioners elect. And I have looked in vain into the third section, which has in aid of this idea it would seem the legislature have disbeen mainly relied on by the respondents, for any ex-criminated, although not in very plain terms, between press words, or necessary implication, authorizing the commissioners and commissioners elect. If the legisla commissioners elect, each in his own case, to examine ture intended otherwise, it would have been very easy and judge of the election. The Legislature had in view to have expressed their meaning in such precise and the original organization of the corporation, and its con- definite terins, as to have avoided all difficulty. Not tinuance, by the election of three members each year having done so, we feel ourselves at liberty, nay, bound to supply vacancies occasioned by the rotatory princi- in common decency, to suppose they did wish to be se ples provided by the act. Hence, an ambiguity has understood. We are authorized to believe they did arisen in the phraseology of the act, from not accurate- not intend to contravene a principle which has been ly distinguishing the manner of proceeding at these pe- deemed, by the most eminent jurists, as contrary to riods, which are so essentially different. From necessity natural equity, and the first principles of the social comat the organization they may be permitted to verify their pact. On the contrary supposition, the approval of the own powers, and even perhaps without the sanction of election would be a mockery, as we could not suppose, an oath, but even then this may be done without viola- particularly with the knowledge of the facts which have ting a principle of American, as well as English juris- been disclosed, that an interested party, under the inprudence, founded in natural equity, and laid down by fluence of irritated and party feelings, could bring to

ers.

1830.1

LAW CASE.

147 the examination that impartiality which is necessary to er been permitted, or even claimed. The nearest they a correct and proper decision. We exclude a juror or have ever gone to it in congress was when return memwitness when he is interested, and much more so ought|bers voted on a principle on which their own election we to guard from pollution the determination of the most sacred right, the republican principle which has been engrafted into this act, that it is the majority of legal voters who shall confer the office.

If the question then depend entirely on the third section, I should say the commissioners elect had no right to vote, when their own election was in dispute.

But this is rendered still more plain by the fifth section, which provides:-"That each and every commissioner who shall be elected and returned, and whose election shall be approved in manner aforesaid, shall, before he enters on the execution of his said office, be sworn or affirmed before some justice of the peace of the county, well and faithfully to execute the office of commissioner of the said township, and shall thereupon, without any further or other commission, enter upon the duties thereof, and shall hold and exercise the same for the term for which he shall have been elected as aforesaid."

depended, a case entirely different from this, and the propriety of which might be well questioned. At any rate, I feel but little respect for a decision which comes in such a questionable shape.

However this may be, we know this cannot occur in our state legislature; for by the act of 29th September, 1797, upon a petition signed by twenty qualified electors, complaining of an undue election, being presented to the senate or house of representatives, they select a committee, appointed by lot, in the manner pointed out by the act, to determine the contested election, whose report, when entered on the journals, is final and conclusive. And so far from the person whose election is contested being entitled to vote, the return member and the candidate next highest in vote, are made parties in the trial. We must therefore seek in vain for any analogy to the present proceeding in the constitution of the United States and of this state, and the practice which has obtained in congress and our state legislature.

The respondents have relied on several acts of Assembly, wherein they state similar powers have been conferred by the legislature. If the acts of assembly are the same as in the incorporation of the district of Southwark and the Northern Liberties, it proves nothing more than that our decision may affect more than the township of Moyamensing, and is of course, as we are well aware, an important question. They however shed no light on the construction of the act, unless the counsel had, in addition, shown an adjudgment in accordance with the rule for which they contend. If different, I can

The oath of office was administered to the respondents before the election was approved, and even before the return of the election, although after they had received notice of the election from the judges. I do not perceive why the justice might not as well have sworn them in when they were put in nomination, on the ground of the certainty of their election, and the presumption that the election would be approved. It would no more have been a violation of the letter, and I believe the spirit of the act, in the one case than in the other. The section provides, that the commissioners shall be elected, and returned, and approved, and then sworn. And this is the natural order of proceeding.not perceive they are entitled to the slightest weight. First we have the election, then the judge's return, the highest in vote; after which, the legal tribunal approves or sets aside the election; and if the election be approved, then, and not until then, the person who has been elected, returned, and approved of, shall be sworn well and faithfully to execute the office of commissioner of the township, and shall thereupon, (that is to say, after his election shall have been confirmed,) without any further or other commission, enter upon the duty of his office.

But what are the duties of the office? The first duty a commissioner has to perform on the meeting of the board the third Monday in April in every year, is to examine, to judge and determine on the election of such members as may be returned by the judges to supply the vacancies in the board.

It will however be seen by reference to those acts, that the legislature have not even in terms departed from the principles which I have advocated. That the provisions of the act may not be ineffectual, they have made them judges of their own election. The legisla ture by no means say that a member of council shall or may vote when his own election is contested, but that common councilmen, or a majority of them, shall be judges of their own election, a principle similar to that which has been introduced into the constitution of the United States and this state. If then the right of one, or two, or more, was disputed, it would be very clear to me that the interested party could not interfere in the decision. And even if the election of the whole of them was disputed, they might, and I think ought; as in the case to which I have alluded, vote on the princiIf then I am right in supposing that the oath ought ple without each one voting directly in his own case, not to be administered to the commissioners elect, un- and even this could only be justified on the plea of netil their election be confirmed, it is a strong argument cessity, to prevent a failure of the act of incorporation. to show that the legislature did not intend that they For a man to constitute himself a judge in his own cause should take any part in the inquiry, when it ceases to is indelicate and indecent. It is not necessary to prebe a matter of form, and becomes matter of substance, vent a failure of the corporation, nor is it either the spirit by the presentation of a respectful memorial complain- or word of the act which gives the decision to the couning of an undue election. Surely, it was not contem- cilmen, or a majority of them, who are authorized to plated that some should act with oath, and others with- judge of the election of their own members. The legis out oath, and that those who had not been sworn should lature have been cautious not to extend the power furbe the persons who were interested in the decision.ther than the necessity of the case may require, and When the respondents claim the privilege of voting, it within these limits they may be permitted to act; and is reasonable to object that they cannot vote without unless the legislature expressly say otherwise, they shall having taken the oath, and that the oath cannot be law-not be permitted with my consent to go a step further. fully administered until the approval of the election by the tribunal legally constituted for that purpose.

The constitution of the United States prescribes that each house shall judge of the elections, returns, and qualifications of its own members. The constitution of Pennsylvania, that each house shall judge of the qualifications of its members. The right of determination is given to the house, who exercise their authority by the decision of the majority, as in the act it is vested in the commissioners or a majority. Under these different provisions, no instance can be produced, either in congress or our state legislature, where such a right has ev

It cannot be pretended that any such necessity exists here, as we have six commissioners acting under the sanction of an oath, fully competent to investigate and decide upon the abuses complained of in the memorial.

But it is said the power may be abused, and of this, if we could have had any doubt before, we have been abundantly satisfied by the facts which have been disclosed in the investigation. If, however, they have acted corruptly, they are amenable to the laws, and to the opinion of their fellow citizens, which in most cases may prove a sufficient restraint. It is also equally within the limita of probability, that the judges of the election may

be within the sphere of the same corrupt, and factious influence, by which they may be induced to make an improper return; and if the return members may be permitted to confirm their own election, it would lead to equal, if not greater mischief.

If then, this matter rested here, I should have no difficulty in saying that the rule should be made absolute. ¦ But, as has been already stated, at a special meeting of four of the commissioners, they undertook to set aside the election and order a new election, which resulted in the choice of three other gentlemen to supply the vacancy in the board. At the first election it appeared that John Paisley had 217 votes, James M'Claskey 155 votes, and David Farrel 150 votes, wheras the highest of the other candidates had but 147 votes. Two questions then arose-1st. Have the commissioners power to decide without examination by the Supreme Court and 2d, If we have power to interfere, in consequence of an improper exercise of authority by the commission

ers.

The act says that the commissioners, or a majority of them, shall be judges of the election, and shall have full power and authority to approve thereof, or to set aside the same, and to order new elections, as the law may require. From this it has been inferred that the court are ousted of their jurisdiction. By the act of 22d May, 1722, the supreme court have full power and authority to issue forth writs of habeas corpus, certiorara, and writs of error, and all remedial and other writs and process. And generally they are empowered to minister justice to all persons, and to exercise the jurisdictions and powers, &c. as fully and amply, to all intents and purposes whatsoever, as the Justices of the Court of King's Bench, Common Pleas, and Exchequer at Westminster, or any of them may or can do. This is a grant of full and plenary powers to the Court, wisely entrusted to them for the public welfare, and which we | are bound to exercise on the complaint of persons aggrieved. Under this law, the Supreme Court have been in the constant practice of granting information in the nature of a writ of quo warranto, for abuses in office, in a private as well as a public corporation, not by force of the stat.9 Ann. Ch. 2. but by power derived from the common law. As the jurisdiction of this court has been expressly granted, it cannot be taken by express word or necessary implication, neither of which appears in this act.

that election who were not entitled to a vote, persons who did not reside in the township, and persons who were not authorized to vote in the township. By the latter description he says he means aliens; in his cross examination, he says, they made no inquiry as to whom they voted for. Robert Parker, an alien, voted; he was qualified in the presence of the commissioners, that be had voted, and that he was an alien. John Woods and David Daniels voted. These are all it was proved against, that he recollects. Although it is clear that the two first were duly elected, yet there is some difficulty as respects David Farrel, and if they had merely set aside his election, we should not be disposed to interfere. It would appear that these illegal votes were taken at the election, which being deducted from the highest, which I believe is the legislative rule, there was an equality of votes. If this be the case, as regards him, there was no election.-Pennsylvania Inquirer.

REPORT OF THE COMMITTEE OF WAYS
AND MEANS,

Read in

Relative to the Finances of the Commonwealth. the House of Representatives, February 22, 1830. The committee of ways and means have directed their attention and deliberations to those objects for which the committee has been organized, influenced by the various resolutions, which have from time to time, been referred to them by the house. It is considered to be their duty to examine not only the ordinary_revenue, and the annual expense of government, but also to suggest to the flouse, the means by which funds can be raised for the payment of any existing bebts, and for increasing the revenue to discharge the interest of past expenditures, and for the ultimate redemption of the debt, and for making provisions for such additional demands upon the public treasury, as the condition and welfare of the state may require. The usual income of the commonwealth is sufficient to defray the expenses of the government, and leave a large balance for the payment of interest upon loans already made upon the credit of the state. Education and internal improvements, are the chief objects laid before the committee, for which additional provisions is required. The attention of the legislature has been frequently called to the subject of education, by petitions from the people, and Where the legislature gives full power and authority by the urgent recommendations of the past and present to approve or set aside the election, I cannot believe executive. The good policy, the importance and nethat they intended that the supervising jurisdiction of cessity of providing for a general system of education, the Supreme Court should be taken away. These under the constitutional requisition, is universally adwords cannot have a greater effect than the words final mitted as a measnre involving the happiness of our cit and conclusive between the parties, used in a great va-izens, the welfare of posterity and the permanency of riety of acts of assembly; and yet it is a well settled prin- our invaluable government.Since1800the sum of 132,500 ciple, that these do not take away the jurisdiction of dollars has been appropriated by the legislature for the the court; the legislature being aware that this is a well advancement of education; but it has been applied to settled rule of construction, would, if they were intend- the aid of the academies established in the several couned to preclude inquiry, have prevented this court from ties, and to the colleges incorporated by law. The pubexerting the superintending acting authority by express lic money has been applied in this manner, for the ob prohibition. This case furnishes a reason against the vious reason, that those institutions alone were prepar policy of putting public or private corporations above ed to receive public munificence. Had there been prethe reach of inquiry. And this leads to the second pared and established a system of elementary education, question, whether there was a rightful exercise of au- the wisdom of the legislature would have directed their thority in setting aside the election of the respondents. funds to its support, as such a system would claim a deAs respects Mr. Paisley and Mr. M'Claskey, there can- cided preference by its superior utility, its relief to the not be the slightest particle of doubt. Mr. Paisley had poor, and its more extended influence. As no general. a majority of 40, and Mr. M'Claskey a majority of 8votes. method has yet been prepared for the establishment of How the commissioners could have supposed they were common schools, in such manner that funds can be apjustified in setting aside this election, on the proof of propriated to their aid, and as claims more immediately two, or at the most three illegal votes, passes my com- urgent, are pressing upon the present legislature, the prehension. I see no reason for supposing that the judg-most that can be done at this time, will be to give such es of the election were corrupt, although they may have been mistaken: Edward Smith, one of the commissioners, says, that they inquired into the circumstances of the election held on the third Friday of March; witnesses were examined by the commissioners on the subject of the election; it was proven that persons had voted at

a direction to a portion of the revenue to be raised, as will lay the foundation of a fund for that purpose.

The extensive internal improvements in which this state has engaged, the amount of money already expended, and the sum required to complete the system, demand the most serious and immediate attention of the

1830.]

REPORT OF THE COMMITTEE OF WAYS & MEANS.

149

ed it as would now appear to hang over the improvement of the state; the same delays in the construction of the work were complained of; the same doubts of its utility were suggested; the same fears of the ultimate success were spread far and wide; and still greater difficulties were encountered in procuring the necessary funds to carry it on. The perseverence of a few spirited individuals overcame all obstacles; and that work which had been so often and so openly denounced as a wild, extravagant and useless scheme, has at length become a monument of individual enterprize, and a rich and increasing source of public and private wealth. Its value and utility in public estimation, its past performance and future promise, may be safely measured by the market price of its stock; being now $146, for 100 paid. Your committee attach much importance to the short experience of this navigation, as the only Pennsylvania improvement, in which an experiment has been made. They believe it furnishes the fairest data, on which a safe calculation may be made of the advantages of our state improvements, and the only means of forming a just comparison, in estimating the value of Pennsylva nia canals. The average cost of the Pennsylvania canals and rail ways, will, not exceed that of the Schuylkill navigation; and the profit of the transportation of coal, will in some measure be enjoyed by our improvements, with an incomparably greater trade in other articles.The economy of the use of anthracite coal, has been so satisfactorily demonstrated as to induce the belief, that the period is not far distant, when it will find its way to every fire-side, as well that of the rich as the poor, and in addition to its domestic uses, when its importance to

committee and of the legislature. As a firm belief in the sound policy and wisdom of measures, will not only contribute powerfully to their accomplishment,but will tend to reconcile the people to any inconvenience which they may feel if called upon to aid in supplying the necessary means to defray the expense; the committee will be pardoned for adverting briefly to the policy of the system, although so much has been said and written upon it, that nothing more is expected than to awaken recollection. When we examine our statue books and see the course of legislation, and calculate the amount which has been appropriated by law, to the improvement of the state, to aid in the crection of bridges, in the construction of turnpikes, and the improving the navigation of our rivers; we find the clear indications of the settled policy of the state. When we look upon our state map and find that more than 2,380 miles of turnpike roads have been constructed at an expense of more than eight millions of dollars,and that more than fifty bridges have been thrown over our largest streams at an expense of more than two millions and a half of dollars, by incorporated companies, aided by the state, we cannot believe that the people have been unmindful of the benefits resulting from internal improvement. Those were the improvements of the age that has gone by; but in them Pennsylvania was in advance of her sister states. A new era has now arisen. Science and skill have presented a new system to facilitate transportation, and lessen the expense and time to be employed; and experience has tested its utility. Common roads, turnpikes, and the tedions and hazardous navigation of rivers, must yield to the superior advantages of canal and rail roads.the various arts and manufactories, is taken into the acTo keep pace with the spirit and improvement of the times, was a course in consonance with the policy which had ever actuated the legislature of the state, and incited by the most powerful motive of public interest, stimulated by the successful example of the state of New York, and instructed by the voice of public opinion, the legislature commenced the system of internal improvement in this state. The system was commenced in 1826;and in its original design extended to the formation of a connection between the eastern and western waters of the state. In its progress, other and important objects of improvement presented themselves, and led to the adoption of a more general system, intended to embrace all the great and prominent interests of the commonwealth. This course of policy, notwith standing the objections which have been urged against it, would appear in consonance with the principles of our free institutions, and will find its justification in the peculiar localities of our state, divided into different and distinct sections, each possessing the facilities of improvement by canals and rail roads, and each abounding in the rich stores of agricultural and mineral wealth, not only inviting, but provoking the aid of art to convert them into available sources of individual profit and public wealth.

count, no fears need be entertained that the supply will be too great for the demand. If in the opinion of your committee, the value of your public works were to be estimated by the facilities they would afford to the transportation to market of our mineral wealth, the expense of their construction would be justified. But, when in addition to the exhaustless stores of mineral wealth, we take into account, the important aid they will afford to the agriculture and commerce of the state, it is difficult to estimate the immense advantages of our system of internal improvement. The state of New York on one side, having already afforded to the agriculture of that state, the advantages of a cheap transportation to market, the good effects of the policy have been strikingly shown by the rapid increase of their population and capital, and in the enhanced value of their lands. On the other side the enterprising state of Ohio, with her im mense teritory of fertile lands, has commenced and is now completing two great lines of communication af fording to her citizens a cheap conveyance for her agricultural products to market, and her improvements have already attracted the attention of capitalists, and drawn to that state the stream of emigration. What would have been the situation of the state of Pennsylva nia, if she had remained inactive and neglected to have The system was not devised as a hazardous experi- taken measures to secure to her agriculture, equal adment, for it had already been fully and completely test- vantages. It would not surely be necessary to present ed in the state of New York, on a scale sufficiently ex-in detail, the melancholy picture of decay and decline, tensive to demonstrate the certainty of results. The which our state must inevitably have exhibited. Cersoundness of the calculation could not be resisted, if tainly it may now be said that this state never was in a the canal in the state of New York without mineral more thriving and prosperous condition. That there stores to contribute to their tolls, had proved a profita- never was a period when the citizens of this state were ble investment to the state; the Pennsylvania canals more free from debt, when enterprise was more active. bounded in every direction by exhaustless mines of min--and when so much capital was employed in useful im eral wealth of every variety, must prove a still greater source of profit to this state. This fact has since been most strikingly exemplified in the short experience of the Schuylkill navigation company, extending into and terminating in the coal regions of Schuylkill county, being the first and only artificial navigation in this state on which a fair experiment has been made. The history of the progress of this great work of individual en terprize, bears some affinity to that of our Pennsylvania canals. In its progress the same difficulties attend

provements, in agriculture and manufactories. The public disbursements on the canals, has not been buried in the earth, nor have they taken to themselves wings and flown away.

Who that will make a just estimate of the magnitude of the resources of the great state of Pennsylvania, can apply the epithet of extravagance to the present scheme of internal improvement? Compared with the resources of the state of New York, the expenditures of the millions of this state, is not as extravagant as that of

New York. Compared with the resources of the state of Ohio, the expenditure may be considered moderate, contrasted with the expense of their system. Compared with the resources of Maryland, the expense of our system when contrasted with the expense which must necessarily be involved in the completion of their magnificent scheme of improvement may be considered still more moderate.

Surely if a few spirited capitalists in the city of Philadelphia, have been able to construct a navigation at an expense of between two and three millions of dollars, and turned their money to a good account, can it be considered extravagant in the great state of Pennsylva nia, with all her mighty resources to expend quadruple that amount, in improvements which promise like utility and equal profit.

shall be completed, our great commercial city will realize the advantages expected from it, and the whole state will participate in the general benefit. And it is confidently believed that a strict scrutiny into the cir cumstances of all the lines of improvement commenced and projected, will demonstrate that there are advantages to be realized, which justify their undertaking by

the state.

The march of improvement has been as much the subject of wonder abroad as at home. The celerity and success of it has outrun all calculation, and has falsified the prediction of our most prudent statesmen. During the progress of the New York canal, considered at the time as a most gigantic undertaking, Mr. Jefferson publicly expressed the opinion that it was a work, a century in advance of the capacity of the people. He lived to see the error of his prediction, and subsequently atoned for it, by an acknowledgment in a letter addressed to De Witt Clinton, "that he was a century behind the spirit of the age in his calculations."

If in estimating the magnitude of the expenditure incurred by the state, in the construction of her public works, the value of her resources to be developed, and the immense advantages to be realized from them, form an essential ground of justification of that expenditure, the ability of the state in her financial concerns forms an equally tenable ground of that justification. While almost every state in the union is and ever has been snb

The citizens of the city of Philadelphia, alone, have within the last 15 years, expended eight millions of dollars in the construction of the Schuylkill navigation, the Union canal, the Lehigh works, and the Chesapeake & Delaware canal. Can it then be considered as extravagant in the state of Pennsylvania, with an assessed taxable property, exceeding in value 300 millions of dollars, to encounter an expense of not double the amount in the construction of her improvements, extending over and into the remotest corners of the whole state-improvements which are to unlock the hidden treasures, which have so long remained concealed within her hitherto barren mountains-improvements which are abso-ject to a state tax, to defray even the ordinary expenses lutely necessary, to place the farmers of this state, on an equal footing with the farmers of New York, and of the infant state of Ohio-improvements, which, when completed, cannot fail to give to this state that pre-eminence in wealth and political power, to secure which is so easily accomplished, and the accomplishment of which is a duty imposed on those who are delegated by the people, as the guardians of their rights and interests.

The legislation of almost every state in the Union, is now directed to internal improvements, and each would appear to be actively engaged in the strife of competition to gain the vantage ground. It is calculated that there are 3,500 miles of canals and rail roads, already constructed and now constructing in the United States, and if no other consideration presents sufficient inducement, the spirit and enterprize, with which our neighboring states are prosecuting their improvements, and extending them into our own territory, ought to increase on us the urgency of a vigorous prosecution of our public works. In no other state of the Union do there exist the same inducements to construct such an extensive system of internal improvement, and from the accomplishment of which, such benefits are to be derived. In no other state of the Union is to be found adapted to domestic and manufacturing purposes, that invaluable mineral, the anthracite coal, scattered in profusion over an immense extent of our territory, and from late examinations on the west branch of the Susquehanna, there is reason to believe that the bituminous coal region, intended to be reached by the west branch canal is equally extensive.

These are considerations which operated upon the legislature in extending the system, and it might be asked, what has occurred to arrest the progress of these improvements, which have nearly reached the coal regions, on the north and west branches of the Susquehanna, which, if not extended, will not answer the end for which they were originally designed.

It would not be necessary for your committee to urge on the house the importance of the speedy execution of the main line of communication between the eastern and western waters. All unite in favor of the accomplishment of this great work, as immediately connected with the prosperity of the state. Already sufficient demonstration has been made on the western section, to show the importance of it to the great manufacturing city of Pittsburg, and the country through which it passes; and it is confidently believed that when this line

of its government-the state of Pennsylvania has ever been exempt from such a tax. From the year 1800 down to the present period, the state has expended upon objects besides her canal and rail road, from her income and revenue derived from indirect sources, more than five millions of dollars, and defrayed the expenses of government without a state tax. Notwithstanding the debt incurred for canal and rail road purposes, by per manent loans authorized previous to the present session, amounts to $6,300,000 dollars, and the loans made for other purposes to $1,840,000, making together the sum of $8,140,000, the finances of the state have been suffi cient to pay the interest on the whole amount, and no deficiency as yet has been experienced.

In order to meet the engagements of the state, and make provision for the expenditures of the present year, the committee recommend an additional loan of four millions of dollars, which with the sum of $490,000, authorized by the act of this session, to be loaned from the several banks under the provisions of their charters, will make the sum of $4,490,000, from which sum will be paid all the temporary loans heretofore made and furnish means for the completion of all contracts heretofore made, according to the estimate of the canal commissioners, and leave a balance of about $900,000, to be applied to new contracts, if the same shall be required by the legislature at the present session.

If the whole amount of that sum shall be obtained and expended during the present year, the indebtedness of the state for loans will then be the $1,840,000, the amount of the loans obtained and applied to other purposes than canals and rail roads; the sum of 6,300,000 dollars, the amount of all the permanent loans made before, the present session for canal and rail roads; to which sum add the $4,490,000, authorized by the acts of the present session and from which all the temporary loans made for canal and rail road purposes are to be paid, making in the whole for canal and rail road purposes the sum of 10,790,000 dollars, and if the whole amount of the old loans be added to that sum, the total amount of loans which have been made and which are proposed to be made at the present session will be 12,640,000 dollars. From the report of the Auditor General, further debts are stated as due from the commonwealth upon account of appropriations heretofore made to turnpikes, bridges, rivers and other objects, amounting to $187,849.31. Upon examination it will be found that 30,000 of that sum is for subscriptions authorized