so unjust and immoral in principle, so deleterious and which militate essentially against public security. Much fatal in consequence. It is in the power of the execu- ingenious speculation has been spent on the subject, tive authorities of our country essentially to aid in giv- and like all similar controversies, it has produced heating a correct direction to popular sentiment in questions ed partizans and amiable enthusiasts; but until the leof abstract morals, and in nothing can they more faith-gitimate authorities of the commonwealth interfere and fully advance a principal object of the existence of gov- by prudential enactments provide for so important an ernment, which is, or ought to be, to make men better alteration in our penal code, all theories here are false and wiser, and consequently happier. To this elevated lights, which must confuse without illuminating, and source, recent events gives us the gratifying assurance, which if pursued with pertinacity, must only result in that the friends of law and order may look with as- giving impunity to the most desperate and abandoned sured safety. If by any proper means the public mind offenders. Manslaughter is the killing any person on a could be distinctly impressed with the conviction that sudden provocation, of such a nature as may be supposthe successful duellist is but a successful murderer; if ed to transport a man with sudden resentment beyond the victor, instead of meeting applause for his gallant the bounds of reason. In this crime, malice, which is bearing and daring emprise was marked and shunned as the main ingredient and characteristic of murder, is conthe unhallowed "Shedder of man's blood," then would sidered to be wanting. And though manslanghter is in this dreadful practice be confined to those who having itself felonious, yet it is imputed by the benignity of the lost all hold on society, are ready for the commission of law, to human infirmity. He who would, however, shelevery crime. The example necessary to produce such ter himself under the plea of provocation, must clearly a wholesome condition of public feeling, if the holiest make out his case, for the presumption of law is, unless precepts are flouted and the most solemn statutes con- the contrary appears, that all killing is malicious. Contemned, may press heavy on our sensibilities, but the nected with the crime of homicide, is an offence which great moral victory to be achieved, ought to render the at one period of the law was considered of equal magwise and the virtuous satisfied, that the laws of the land nitude, that of concealing by a mother, the death of her should have their unimpeded course. The monster in illegitimate child. The existence of such a crime as inthe guise of a man who prepares himself by a course of fanticide, is a shocking anomaly in the history of human systematized and diabolical education, to triumph in feeling and conduct. The indignation its atrocity is calconflicts of his own seeking over the deluded votary of culated to excite, led lawgivers into an opposite exfalse honour, may in such a state of corrected public treme, & by as great an anomaly in the administration of sentiment, lose the opportunity of an appropriate vic-criminal justice, concealment of the death of the deceatim, and his blood-stained laurels may wither for want of sustenance, but all that is virtuous and valuable in society would rejoice in safety, and repose in security under the protecting shelter of laws expounded without affection, and executed without favor. Malice is implied by law from any deliberate cruel act committed by one person against another, however sudden. Thus where a man kills another without any or without a considerable provocation, the law implies malice. Such legal implication of malice exists even where in point of fact, the party had no actual malice towards the person killed; as where poison intended to be given to one person is by mistake administered to another, or where a stranger is killed by lying in wait, although the fatal blow was clearly not intended for him. And where one person is killed in consequence of such a wilful act as shows the person by whom it is committed to be an enemy to all mankind, the law will infer a general malice from such depraved inclination to mischief. (Malice implied may therefore be defined to be malice in a legal sense in contradistinction to its popular signification.) It is true that the law from a tender consideration of human infirmity, admits provocation and passion-for one without the other will not avail-to extenuate the homicide, yet the provocation and passion must be such as clearly rebut the conclusion of malice. No breach of a man's word-no trespass on lands or goods-no affront by bare words and gestures, however false and malicious, and aggravated with the most provoking circumstances, will free the party killing from the guilt of murder, A provocation sought on the part of the slayer, only aggravates the offence; and in cases of slight provocations, if it may be reasonably collected from the weapons made use of, or from any other circumstances, that the party intended to kill or do some other great bodily harm, such homicide will be murder, so careful is the law of human life, so hostile is it to any man's being his own avenger. When the testimony in any case exhibits an homicide to have been committed accompanied by any of the characteristics of malice as defined, it is a sacred duty you owe to Society to adjudge that the offender should be placed upon his trial. Neither in your body nor in any other branch of the judiciary, can there exist any propriety in entering into the discussion of the abstract question as to the right of government to forfeit the life of a citizen for crimes sed offspring of illegitimacy was made prima facie evidence that the unhappy parent was the destroyer of the fruit of her sin. Our milder code has abolished this barbarous feature, and while it makes concealment of the death of such a child a specific offence, punishable in the first instance by an imprisonment not exceeding five years in duration, and upon a second conviction by imprisonment for life, it leaves child murder to be established by legal proof of the actual perpetration of the unnatural crime. Robbery is the felonious taking of money or goods of any value from the person of another, or in his presence, against his will, by violence or putting him in fear. This oflence is an aggravated species of larceny, and is more severely punished. To constitute the complete offence, property of some value must be taken from the peaceable possession of the owner; it must be taken with a felonious intent; it must be from the person or in the presence of the injured party, and the taking must be accompanied with violence or putting him in fear. A taking in fact is not always required. If thieves attack a man to rob him, and finding nothing worth their spoliation, force him by menaces to promise to deliver them money, which he does accordingly, and delivers it to them while the fear of menace still continues upon him, and they receive it, this is a sufficient taking in law. The taking need not be immediately from the person of the owner. It will be sufficient if it be in his presence. Thus, if a man first assaults another, and having put him in fear, drives his cattle in his presence out of his pasture, he may be properly said to take such property from the person of the party assaulted and put in fear, for he takes it openly and before his face, while under his immediate personal care and attention. Actual violence is not the only means by which a robbing may be committed, but it may also be effected by fear, which the law considers a constructive violence. Again, in cases of actual violence, fear is presumed; as if a man be knocked down without previous warning, and while prostrate and senseless is stripped of his property, he cannot with propriety be said to be put in fear, and yet that would unquestionably be robbery. In repeated instances, a threat to accuse the party spoiled of his property of an unnatural crime, has been deemed a sufficient putting in fear to involve the perpetrator in the guilt of robbery. Burglary is the breaking and entering the mansion house of another in the night, with intent to commit some felony within the same, whether such felonious intent be executed or not. The precision of the legal definition of the crime renders it unnecessary to occupy any of your time by entering into details. 277 its the strongest evidence that the labours of benevolence and philanthropy have not been uselessly employed. PETITION OF THE MECHANICS ENGAGED IN SHIP BUILDING. To the Honorable Senate and House of Representatives in Arson is the malicious and voluntary burning of the dwelling house of another, or his barn, stable, or outhouse, having corn or bay therein. By our act of assembly, the crime of arson may likewise be committed by the voluntarily and maliciously burning of the State Your memorialists respectfully represent, that they House or any of the adjoining offices or buildings, or are ship-carpenters, smiths, rope-makers, coppersmiths, any church, meeting house, or other building for public worship, or any academy, school house, or library be- riggers, sail-makers, plumbers, mast-makers, block-makers, stevidores, lumber merchants, ship joiners, painters, longing to any body politic or corporate. By another, dray and cart men, and others, employed or connected the wilful setting fire to any barn, stable, or out-house, in ship building, navigation interest, and the coasting or to any barrack, rick, or stack of hay, with intent to trade of the port of Philadelphia, and are citizens of destroy the same, or being accessary thereto before the Pennsylvania; and, in their respective employments, fact, is made an indictable offence, and punishable at are now suffering under the pressure of the present bard labour for any term not less than five nor more than twelve years, and by fine not exceeding 3000 dol-high rate of duties on the raw materials used in buildlars, at the discretion of the Court. ing and equipping ships or vessels; which high rate of injurious to the interests of the whole nation, and for duties they firmly believe to be also burdensome and the following reasons, which they most respectfully submit to the consideration of Congress. Larceny is the feloniously taking and carrying away the personal property of another without his consent, and against his will, with intent to convert it to the use of the taker. The least removal of the thing taken from the place where it was before, with intent to steal it, is in the construction of a ship in this country than it does 1st. Because it requires a greater amount of capital a sufficient transportation, although it be not quite car-in foreign countries, and thereby enables foreign shipried away. Thus where a guest had taken the sheets ping to undercarry our own country ships, and thereby from his bed, and carried them into the hall, but was ap- causing less demand for American shipping, to the prehended before he could get out of the house, it was holden that he was guilty of larceny. Lifting plate from great detriment and injury of your memorialists. This a trunk, and laying it on the floor, it being taken with British Government, since the peace, has paid particumore particularly applies to British shipping, as the a felonious intent, is a sufficient taking to make the lar attention in modifying the duties on all the materials crime complete. I have noticed this offence which used in ship building, imported from abroad, or their though properly triable in the session, is often requisite colonies, as will be seen by the following statement.to be considered by the grand jurors in this court, in About 35 tons of iron is necessary for a ship of 500tons, those cases where property is feloniously taken, and if not copper fastened, (and if copper fastened, the duwhere the testimony fails in establishing the legal rety on bolts and spikes of that material will amount to as quisite to constitute a higher grade of crime. much, if not more, than on the iron,) as follows: two the fathom, 21,600 lbs.; one chain, inch, to make fast chains, 90 fathoms each, 14 inch diameter, 120 lbs. to at the wharf, 75 fathoms, 30 lbs. to the fathom, 2,250 lbs. ; two anchors, 2200 and 2000 lbs., a stream do. 1400 lbs., kage do. 500 lbs.; and 20 tons for hull and rigging making 35 tons, (allowing for waste in working,) $37 per ton duty, If we suppose a ship of this class to cost 25,000 dollars, the iron work alone will form nearly one-fourth of the cost, the duty on the raw material of the ship smith, and chain and anchor manufactorer, alone, is as above stated, 1295 dollars. If we suppose 12 tons of hemp to be requisite, the duty, 60 dollars per ton, is 720-on sail cloth 300 dollars-making $1295 During your session it is proper you should visit the different prisons of the county, in order to satisfy your selves that they are regulated and conducted according to the laws of the commonwealth, and in unison with the humane principles of our penitentiary system. Your stated visits cannot but stimulate the subordinate officers of these establishments so to regulate their police as to merit the meed of your approbation. By an act of assembly passed at a recent session of the legislature, you are empowered to administer oaths and affirmations to the commonwealth's witnesses. It has been supposed that qualifications solemnly and deliberately administered to witnesses in your presence, would produce a more decided impression that can be received from the hurry in which they are unavoidably administered by the prosecuting officer preparatory to sending up bills for your consideration and decision. It is sincerely to be hoped that such a result may be produced, since there is nothing in which the absolute existence of so-erwise. ciety is so essentially involved as the inculcation of a 2dly. If we take into consideration the tear and wear proper sense of the obligation of an oath taken in a of the running rigging, that will not last more than acourt of justice. All that is, valuable to us, our lives, bout one year-the standing rigging, say six years our liberties, our property, every thing that renders ex- and the sails, on an average not longer than two years istence valuable, rest on this solemn pledge. And of-then it will require a new set of sails and rigging evall subjects for the lash of justice, none are so fit as those who insulting Heaven and contemning social obligations, bear false witness against their neighbors. 1020-$2315 To say nothing of that on lead, used in paints and oth ery three years, the duty on which is 1020 dolls., which in nine years will amount to 3060-with the duty on iron and the first set of sails and rigging, 2315-making a total of 5375 dollars. It is a painful truth that since I had the honour of addressing your body on a similar occasion, the calendar 3dly. The British shipping interest has the advantage of offences triable in this court have increased seriously in every point of view. The iron they use is common in enormity. The dark offence of murder more than English, now selling at £6 per ton, or $26.66, for bolts, once blurs the catalogue, and ere we rise, the tempo- spikes, and other work for the hull and rigging; and ral fate of more than one human being may be decided their refined iron, now selling at £10 per ton, or 844 44 upon. I do not, however, consider these circumstan--this latter kind is unequalled for chain cables, and ces, painful as they are, as manifesting any thing like progressive deterioration in the morals on society; on the contrary an extended experience has enabled me to say that the catalogue of crime within late years, exhib bolts and chains for the standing rigging, as combining great strength, toughness, and less liable to rust, than any other, and being cheaper than that of any other nation; of course it is free. If copper fastened, that also is free. The duty on hemp, $20 74 per ton, on 12 tons 248 88. The duty on sail-cloth is merely nominal,* and all that made of flax can be considered free, it being imported into this and other countries in competition with Russian, and from the fact that the duty on flax is but 36 cents per ton; but on account of part that may be made of hemp, we shall say a ton of hemp is used, the duty on which is $20 74. For the first outfit the duty stands at 269 62. The sales and rigging require to be renewed every three years, for nine years, amounting to 808 86-total amount, $1078 48. From the foregoing it appears, that in 12 years an American ship of 500 tons pays a duty of 5375 dollars. A British ship, during the same period, pays 1078 48. Making a difference in 12 years, of 4297 52, against the American ships. If we take into consideration the difference of duration of a ship built out of English oak, and one built out of our common oak, the difference will still be greater. Then take into consideration the difference of capital employed, and the rate of interest, which is nearly double here to what it is there, and it is not difficult to see where this will end, viz. in driving the American ships entirely out of the contest, to the great injury of your memorialists, who have spent their youth in learning trades that are daily becoming useless to them, as the increase in British shipping is very visible, more particularly in the carrying of bulky articles, such as salt and crates, iron, and taking a return cargo of cotton, tobacco, &c. The number of British vessels is yearly gaining ground on ours, at this, as well as other ports; they are generally fuller built than ours, by which cause they pay less tonnage in proportion to their cargo-this, with the above duties, operates as a bouny in their favour. These combinations of effects cause not only an individual loss, but a very sensible national loss, in transferring the ship-building business to foreign nations, whereby we are all made the sufferers, in a national as well as individual point of view. In 1819, there was imported 251,356 lbs. of cordage.In 1828, the importation of cordage was 2,164,096 lbs. And the exports from St. Petersburg for the supply of the shipping trading to that port alone, was 1,348,224 lbs., making in all 3,512,320 lbs. The same rule is applicable to the shipping in the British trade, as a drawback equal to the duty on the raw material is allowed on comparatively small quantities. The result has been not only a decrease in the demand for the raw material, but actually transferring the manufacturing of Russian hemp, heretofore manufactured in the United States, to Russia, as the importation of cordage above stated clear. ly proves, as well as the fact that the manufacturing of it here has actually decreased from to 2-3rds in the last four years, which evidently shows that the importation of cordage was not for re-exportation but for home consumption. It is very certain, that not only the hemp grower bas suffered a falling off, but the farmer has suf fered also, for had the cordage been manufactured in this country, provisions would have been consumed by the rope-makers, the raising of which has been actually transferred to Russia, along with the manufacturing of the cordage. The same is applicable to the smith, and chain and anchor manufacturer, but still in a greater degree, viz-Chain cables are introduced into this country made out of both refined and common English iron; when made out of refined, the duty is $37 per ton, or 80 per cent, the price of the iron being £10 per ton; the duty on the chains, three cents per lb. or 43 per cent. on an average; if out of common iron, the duty is 37 dollars per ton, the cost of the iron $26 66 per ton, making the duty on the raw material 140 per cent.The same is applicable to anchors. The importation of chains in 1828 was 830,630 lbs. we suppose double the quantity made in the United States. Of anchors, 72,556 lbs. With such an odds against such of your memorialists as are engaged in this business, it is impossible for them to compete, be their economy ever so great, and their knowledge ever so complete. So that the present duty on iron, enormous as it is, only depriv es the smiths of their share of employment. This fact is further illustrated by the discontinuance of the Stirling works in the city of New York, which have been sold, as they could not stand against such advantage giv en to foreign manufacturers over the domestic. establishment employed 500 men. fallen the sail cloth manufacturers, although they had an additional duty, at their request, 1828; which was not the case with the smiths, feeling, as they then did, the operation of the 30 dollors per ton duty, they well knew that nothing could save them but a reduction of 5thly. Notwithstanding the discouraging state of our the duties on their raw materials, and actually memorialship-building interest, yet it is not the worst feature of ized Congress to that effect; but a duty of 7 dollars per our present policy. Many of your memorialists are suf- ton, equal to nearly 20 per cent. was added; and a fallfering from the present rate of high duties on their rawing of about 20 per cent, in the price of iron in England materials, as the following statement will show, of that has given a most complete monopoly of the American part of business yet retained by the country. The rope-works in Patterson, N. J. for the manufacturing of sail market to the English manufacturers. The Phonix makers, chain and anchor makers, and sail-cloth manu- cloth, are about stopping their operations, if they have facturers, are in a great measure deprived of participat- not already done so: in this establishment there were ing in the business. The duty on hemp, so far from hav- 265 hands employed, of which 109 were men, at the ing created a demand for American hemp, has actually low rate of 62 cents a day, on which they found their had a contrary effect, as may be seen by the following own board. The above is a very striking proof that extract from the report of the Secretary of the Trersury. high duties on raw materials do not create, but actually 4thly. The British shipping have another advantage over ours, viz. they are on equal footing as to an inward cargo; and if they go South for cotton, rice or tobacco, they are on an equal footing footing for outward freight home to England or the Hanseatic towns. (If it was here objected that our vessels have the advantage of taking a cargo coastwise, it may by be remarked that this is only nominal, for our ships going from hence South very seldom wait for a freight-this is the business of regular coasting packets.) Besides if it is not in season, they have the advantage of going either to the West Indies, or northern colonies for timber, an advantage which our ships do not possess. *Sails, in use of any British ship, and being fit and necessary for such ship, free. British Tariff for 1830, p. 64. The bounty on sail-cloth is calculated to be equal to the duty on hemp, 1d. per ell. Ibid p. 133. Present price of Scotch and London sail-cloth, 1s. or 22 cts. for 24 inch broad, or 27 cts. for 30 inch. Best Russian sold last fall at 60 roubles per piece of 38 yards, or 33 cents per yard, at the rate of exchange, or nearly six cents per yard higher than the best British, which is said to be as durable, if well kept. This proves what we have said, that the duty on sail-cloth is nominal in Great Britain. This The same has be destroy a market for them, and transfer the manufactur ing thereof to a foreign country. It plainly appears that the hemp and flax growers have suffered a loss, the iron drawer has lost also, as the consumption of those materi als have declined with the ship-building business, and are enabling the foreign manufacturers to undersell our own, and the rope-makers and smiths have been sacrificed by the high rate of duties imposed on their raw materials, at the request of the producers therof. The farmer has suffered a loss also, as the growing of grain and other provisions have been transferred to Russia and England with the manufacturing of the above stated articles. So intimately are all the interests of a country 1830.j ACCOUNTS OF CANAL COMMISSIONERS connected together, that when one is suffering, all the others partake of the suffering also. Your memorialists therefore refer the foregoing facts to the favorable consideration of your honorable bodies, giving their opinions as practical men, that the only remedy that can be applied to save them from ruin, is, to allow a drawback equal to the duties on the raw ma terials that enter into ship-building; on cordage, iron work, chains and anchors, copper bolts and spikes, sailcloth, and such other articles used in ship-building as, in your wisdom, you may think proper. Also, on cordage, chains and anchors, and sail cloth, when exported. This would be a great relief, not only to your memorialists, but would create a greater demand for hemp, flax, and iron, by the improved state of the business, and afford a greater security against the monopoly of our own share of the carrying trade of our own produce, and that we take in exchange from others. Other nations are daily giving greater facilities to their ACCOUNTS OF CANAL COMMISSIONERS. Auditor General's Office, 2 Sir-In compliance with the provisions of the 12th section of the act of 25th February 1826, I herewith transmit a copy of the account of canal commissioners, settled on the 13th instant, a press of business prevented an earlier settlement. Very respectfully, your obedient servant, Hon. Frederick Smith, Speaker of the House of Representatives. David Scott, John Mitchell, James Clarke, Peter S. Van Hamot, James S. Stevenson, David Frazier, John Forrey, Nathaniel B. Eldred, and Robert Patterson, Esquires, Canal Commissioners, in account with the Commonwealth of Pennsylvania. 279 4,070,068 57 5,242 77 29,864 08 4,099,932 65 From July 14th, 1829, to Feb. 23rd 1830, 416,288 99 John Forrey, acting commissioner on John Mitchell, acting canal commision- From June 20, 1829, to Feb. 22, 1830, Thomas G. Kennedy, superintendent Charles Mowry, late acting canal com. From July 14, 1829, to Feb. 1, 1830 Andrew M'Reynolds, late superintendent west branch division of said canal. From March 27, 1829, to October 3d, John Ryon, superintendent of west branch division of said canal. $241,235 24 From July 14, 1829, to Feb. 5, 1830, John Mitchell, late superintendent creek feeder for Pennsylvania canal. 868,014 27 90,469 59 235,447 15 127,218 71 1 426,959 48 488,068 45 95,702 20 216,437 96 71,597 58 129,230 90 59,222 29 From September 4, 1829, to Jan. 22, 1830, 47,758 76 From Sep. 22, 1829, to Feb. 19, 1830, 1,452 42 Carried up 122,962 35 19,637 67 1,658 51 22,786 89 Amount carried over, 3,736,677 04 3,736,677 04 the consideration of the House. There are few subjects, having reference to the policy of an established government, so vitally connected with the health of the body politic, or in which the pecuniary interests of society are so extensively and deeply involved. No one of the attributes of sovereignty carries with it a more solemn responsibility, or calls in requisition a higher degree of wisdom, than the power of regulating the common currency, and thus fixing the general standard of value for a great commercial community, composed of confederated States. Settled and entered. 1. Has Congress the constitutional power to incorporate a bank, such as that of the United States? 2. Is it expedient to establish and maintain such an institution? 3. Is it expedient to establish a "National Bank, founded upon the credit of the Government and its rev The foregoing balance in the hands of the following enues?" named persons James Clarke, acting commissioner John Ryon,superintendent Susque Juniata line 50,000 00 hanna and west branch James S. Stevenson, acting commissioner western division 48,173 81 John Forrey, acting commissioner eastern division 50,000 00 59,835 17 William Dickson, superintendent 33,241 24 John Mitchell, acting commissioner north branch division 27,273 17 18,037 65 Thomas G. Kennedy, superintendent Delaware division 14,778 13 I. If the concurrence of all the departments of the Government, at different periods of our history, under every administration, and during the ascendancy of both the great polical parties into which the country was divided soon after the adoption of the present Constitu tion, shall be regarded as having the authority ascribed to such sanctions by the common consent of all well regulated communities, the constitutional power of Congress to incorporate a bank may be assumed as a postulate no longer open to controversy. In little more than 2 years after the Government went into operation, and at a period when most of the distinguished members of the Federal Convention were either in the Executive or Legislative councils, the act, incorporating the first bank of the United States, passed both branches of Congress by large majorities, and received the deliberate sanction of President Washington, who had then recently -281,339 17 presided over the deliberations of the Convention. The contutional power of Congress to pass the act of incorporation, was thoroughly investigated both in the Executive Cabinet and in Congress, under circumstances, in all respects, propitious to a dispassionate decision.— There was, at that time, no organization of political par ties, and the question was, therefore, decided by those, who, from their knowledge and experience, were pecu liarly qualified to decide correctly; and who were en tirely free from the influence of that party excitement and prejudice, which would justly impair, in the estimation of posterity, the authority of a legislative interpretation of the constitutional charter. No persons can be more competent to give a just construction to the Consitution, than those who had a principal agency in framing it; and no administration can claim a more perfect exemption from all those influences which, sometimes, pervert the judgments, even of the most wise and patriotic, than that of the Father of his Country, during the first term of his service. 1,743 72 2,000 00 71,077 44 $356,160 33 BANK OF THE UNITED STATES. Mr. McDuffie from the Committee of Ways and Means Such were the circumstances, under which all the branches of the National Legislature solemnly determined that the power of creating a National Bank was vested in Congress by the Constitution. The bank thus created, continued its operations for twenty years -the period for which its charter was granted-during The Committee of Ways and Means, to whom was which time, public and private credit were raised, from referred so much of the Message of the President as re- a prostrate, to a very elevated condition, and the finan lates to the Bank of the United States, beg leave to re-ces of the nation were placed upon the most solid foun port: That they have bestowed upon the subject all the attention demanded by its intrinsic importance, and now respectfully submit the result of their deliberations to dation. When the charter expired, in 1811, Congress refus ed to renew it, principally owing, as the committee be lieve, to the then existing state of political parties.— |