principles and plan of De Witt Clinton, with whom they
had advised, recommended that the proposed Canal
should be made by the Mayor and City Council of Balti-
more, in their corporate capacity. To carry this plan
into operation some Legislative enactments were in pro-
gress in the General Assembly, and would have been
passed, but for the interference of the persons before
mentioned, who had become the proprietors of the Ca-

would be sufficient for these purposes-but that sum
was soon expended; and in the year 1790, the capital
was increased to £30,000-this amount was also ex-
hausted, and the works not even in a state to afford par-
tial benefits; the spirits of the stockholders became de-
pressed, and the works were neglected and almost
abandoned till the year 1799. At that session, the Gen-
eral Assembly authorized a further increase of the capi-
tal of the company, and granted some important privile-nal, from the Maryland line to tide water.
ges to induce persons to become stockholders in the
company, and as a proof of their interest in the work,
authorized a loan of $30,000. The company then pro-
ceeded with their operations, and completed a canal
about ten miles in length, from the Maryland line to tide
water at a place since called Port Deposit, To com-
plete this work, more than a million of dollars were ex-
pended by the citizens of Maryland, and chiefly by the
people of Baltimore: which after it was done, proved to
be of little or no value. It fell into a ruinous condition,
and was finally purchased (about 1816-17,) by a few
wealthy capitalists of Baltimore, for a trifling sum of
money, who now hold it, and in whose hands it has be-
come tributary to the interests of Philadelphia. Wheth-
er they wish or intend such an operation, is a matter of
no moment for the present purpose-it is enough to
know that such is the fact.

That same interest attempted some year or two after to organize a company to make a Canal on the left bank of the river, from the Maryland line upwards; but their influence in this matter was not as powerful as it had been in defeating the Canal proposed by the commissioners.

After the failure of the canal, (from causes which it is amazing should not have been understood by the people of that day,) the active and intelligent men of our city, still directed their attention to the trade of the Susquehanna, and finally, about the year 1800, some of them who are yet living, projected the bold experiment of running the arks (which had never before descended below Columbia,) over the various and dangerous rapids of the river, to tide water. The experiment succeeded, and by successive improvements in the bed of the river, the navigation has become comparatively safe and easy. The city of Baltimore has expended in these operations from sixty to seventy thousand dollars.

In the mean time, that is, from 1800 to 1812, large sums of money were expended by the merchants and traders and insurance offices, in improving and facilitating a land intercourse, with the country bordering on the southern shores of the Susquehanna, by means of turnpike roads extended in every direction; some of them even into the interior of the state.

As the best evidence of the liberal spirit and generous enterprize of our people, it may be stated as a fact, that we now own more than a million of dollars of turnpike road stock, within the limits of the State of Pennsylvania, the greater part of which is wholly unproductive to the stockholders.

By means of the turnpike roads, and the improved navigation of the bed of the river, we continued to enjoy the descending trade of the Susquehanna for many years, and which has been regularly increasing in amount and value. The great value of this partial intercourse, with this productive region of country, suggest ed the idea of improving it so as to give us the benefit of the return trade, and the means of supplying the wants of the people, from whom we receive the productions of their soil and industry.

This very brief and hasty sketch, will present a gene ral view of the efforts and exertions of the people of Baltimore, to secure the trade of the Susquehanna. These efforts were to a considerable extent successful, and we have for many years past enjoyed a profita ble trade with that country, which there was every reason to believe would in a few years improve, so as to make Baltimore the market from whence the returns would be made, for the productions of the soil and industry, which were consumed or exported from that place.

To effect this important object, the Legislature of Maryland, at the session of 1827, incorporated the Balti more and Susquehanna Rail Road Company, which contemplated a communication from this city, to a point or points on the Susquehanna, above the natural obstructions to the navigation of that river. More than double the amount of the capital of the company was promptly subscribed by the citizens of Baltimore, and the compa. ny was fully organized, and prepared to commence operations.

The passage of the charter by the Legislature of Pennsylvania, was considered to be certain, not only because of the propriety and justice of the measure, as identified with and promotive of the interest of a large portion of the people of that State, but also because of the liberal and enlarged policy adopted by the State of Maryland upon all occasions, when similar laws were called for by the people or the Legislature of Pennsyl vania; but these just expectations have been sadly dis appointed; the Legislature of Pennsylvania have for three successive sessions, not only refused to adopt the Charter of Maryland, but have even refused to incorpo rate an independent company of her own citizens to make a road to the Maryland line over their own soil, with their own money. And they have accompanied their refusals with the most distinct avowal of opinions and principles of hostility to Baltimore, which forbid any well grounded or rational hope, that a charter will or can be obtained at any future period, so long as the withholding it shall be the means of shutting us out from the trade of the river.

She

The interest and influence of Philadelphia, have been chiefly instrumental in producing these results. has embarked in her opposition, with a spirit as determined as it is malignant, hostile and selfish, and her suc cess will but stimulate to increased action and perseve To this end, the Legislature of Maryland, at Decem-rance, in shutting us out from any participation in the ber session, 1822, passed a resolution appointing commissioners, who were directed to lay out and survey a route for a Canal, from the Conewago falls to the city of Baltimore.

The commissioners thus appointed, made an elaborate report, recommending the construction of a Canal on the right bank of the river, from the Conewago falls to the city of Baltimore, accompanied by a report and survey made under the direction of James Geddes, Esq. one of the most distinguished engineers in the United States, showing the perfect practicability of the scheme, and demonstrating its value and profit.

The commissioners who made that report, repudiated the notion of a joint stock company, and adopting the

trade of the Susquehanna country. She has indeed achieved a most signal triumph. She is now enjoying a vast share of that trade, and when her plan of opera tions shall be completed, she will be in the undisturbed possession of the whole of it.

The Union Canal from the Swatara river, (which joins the Susquehanna at Middletown,) forms a commu nication with the Schuylkill, and affords a safe ascend ing and descending navigation, to and from Philadelphia. Through this channel immense quantities of produce, which formerly came to the Baltimore market, is now conducted to Philadelphia, and the value of it laid out in the purchase of return goods. From the mouth of the river at Port Deposit, a regular line of packets has

830.]

BALTIMORE & SUSQUEHANNA RAIL ROAD.

been established, which passes through the Delaware and Chesapeake Canal, and by means of which twothirds of the produce is diverted from that point to Philadelphia. The experience of this season has shown the fatal operation of the Canal, upon the trade and prosperity of this city-it has absorbed not only the trade of both shores of the Chesapeake Bay, but is in rapid progress to ingulf the whole of that which descends the Susquehanna. Neither can we upon any just or reasonable ground expect that this trade will be returned to us at a future period. It is a fact which does not admit of being controverted, that Philadelphia, instead of being a worse, HAS BECOME A BETTER MARKET THAN BALTIMORE, and so long as things continue in their present situation, she will remain a better market, and consequently command the whole trade, without the fear of competition on our part. The result is brought about by two causes; first, by the superior capital of Philadel phia engaged in the trade; and secondly, by having the advantage of the return trade through the Union Canal.By means of the first, she is able to deal in the produce for a smaller profit, and to hold it on her own account for a much longer period; and by means of the second, she can afford to give higher prices, in consequence of the proceeds of the descending trade being invested in the purchase of goods, and then back through the Union Canal. The profit resulting from this operation, will forever forbid competition on our part, until we have the same means of engaging in the trade.

297

of sending back the value of them, in articles of mer chandize and necessaries of life, required in those who deal with us.

To come then directly and plainly to the point-how is this to be effected? It has been shown that all attempts to make a canal have failed-that to attempt an ascending navigation of the river is impracticable-that the Rail-road cannot be made by means of a charter of a Company from both States. How then is it to be accomplished? This question is to be answered only by showing the present state of the improvements which lead to a connexion with the Susquehanna.

The charter of the Baltimore and Susquehanna Rail Road Company authorizes the making of a road from Baltimore to the Maryland line. The citizens of York county have a company organized, and the capital subscribed to improve the navigation of the Codorus river from that borough to the Susquehanna-the intermediate space of 18 miles only between the town of York and the Maryland line, it was intended to improve by a Rail-road; and application to incorporate a company was made to the Legislature of Pennsylvania at its recent session - the bill was passed in the house by a large majority, but rejected in the Senate by one much greater. The inhabitants of the borough and county of York, indignant at the gross injustice and partiality of the Senate, have assembled in town meeting, and after careful deliberation have resolved to form a company to make a Rail Road to the Maryland line without a charter from the State. To effect this plan nothing more is necessary than to obtain by purchase, or voluntary grant from the proprietors of the land, permission to carry the road through their farms. A great number have already not only offered their lands, but are willing to give extensive privileges to the company beside, in allowing the use of timber, stone, and other materials necessary to the constructian of the road. Measures are now in progress, originating with one of the largest public meetings ever held in York, to obtain the entire right of way through to the Maryland line, and no doubts are entertained but that it will be obtained.

Taking it for granted that this right to make the road will be given by the owners of the land, it is proper to inquire how far it will answer the contemplated purpose of continuing a line of Rail Road from the termina tion of the Maryland road, so as to complete a communication with the Susquehanna. Upon this point we think there can be little doubt, that if it be not the best, it is at least a safe and practicable mode by which this important and essential channel of trade can be opened.

It is a well known fact, that there are but few capitalists in Baltimore, engaged in the Susquehanna trade that a great portion of the money embarked in the business, is borrowed from the banks during the busy season, in the spring and fall of the year, and must be returned at short periods. The capital which is supplied in this way is precarious and uncertain, and generally inadequate to purchase more than a moderate share of the produce brought to the market, in consequence of which the residue is stored with the commission merchant, to be sold on account of the owner-the delays, difficulties and losses growing out of this mode of doing the business, has a great tendency to diminish the credit and character of the Baltimore market. It cannot be expected that the course of this trade will change, while things remain in their present situation. The Banks in Baltimore with the best and most liberal disposition to foster and encourage the trade, cannot go beyond a certain point. The money which they advance, is taken directly by the country merchant to Philadelphia or New York, and laid out in goods, and thus the balance of trade being against us, our Bank notes are immedi- When the nature and operations of a Rail Road are ately returned, and specie demanded for them. The carefully thought on, it will be found that a charter is effect of such an operation, is easily understood by men no otherwise necessary or useful, than as it contributes familiar with business and banking, and the evils result-to the facility of its construction, in allowing the incoring from it are by many men of experience and good porated company to take the land of the proprietors sense, believed to be infinitely greater than any bene- without their consent, and appropriate it to the uses of fit, derived from the purchase and sale on commission, the Rail Road. In every other view, the charter is a of the productions of the Susquehanna country. How restriction upon the operations of the company, in limidifferent would be the effect of this trade upon the ting their power to charge for toll and transportation, general prosperity of the city, if the money paid for the and restricting their dividends to a maximum which produce, instead of being carried off to other cities, were they shall not exceed. A Rail Road company having laid out in Baltimore in the purchase of return merchan- once obtained the right of soil over which it passes, has dize? Foreign commerce would again be revived, and no more occasion for a charter or the protection of the spread its refreshing influence upon all around,-the law, than the proprietor of a steam boat would for a capital of the Banks could be put into fair and whole- charter to navigate the free waters of the Chesapeake some circulation; and what is still more important, the bay. The Rail Road is private property, and whoever commerce thus created, would not only be permanent goes upon it must pay for the privilege to do so, prein its character, but would continue to increase and ex- cisely as he would do on going on board of a steamtend with the increased population of the vast region of boat, and will be obliged to pay his toll or passage mocountry, whose wants and luxuries it was intended to ney in the same way. supply.

The inquiry has been made, how are you to cross the public roads? This is easily answered. The cal authorities of York county have entire jurisdiction over their highways, and their consent will be given freely and promptly. But in point of fact, the passage of a Rail Road affords no kind of obstruction to the use of a common highway. The rail way can be laid down so

as not to be elevated two inches above the level of the common road, and allow a free and uninterrupted passage to every thing moving upon it, Indeed the country road would rather be improved, for the uses of the highway at the very places where the Rail Road should intersect and cross it. There is no difficulty therefore to be apprehended from this cause.

If the Rail Road should be once completed to York, its future extension in every direction from that point, will be early accomplished; the interests of all will unite in pushing its branches to every quarter where trade is to be found. Even Philadelphia will cease an opposition which she will then see to be unavailing, and the Legislature of the State, alive to the interest of the people whom they represent, will shake off the incubus influence which now oppresses her, and awaken to a just sense of her own duty, and a proper respect for the rights and interest of the community at large. If, however, the steps we recommend are not adopted, and the works are not commenced until a charter shall be granted by the Senate of Pennsylvania, the present generation will have passed away before the event will take place, and it will be for our posterity to attempt to remedy the evils of our mistaken policy, if indeed it should not be too late.

We beg leave to refer the City Council to a statement which we had the honor to present you on a former occasion, pointing out the contemplated operations of the Rail Road within the limits of the corporation, and the effect of them upon the general and local interests of the city, and particularly on the public property belonging to the corporation.

his title by settlement, against the warrantee, who had made default, without first procuring a vacating warrant before his entry, although the issuing of any warrants, except to actual settlers, was prohibited by act of Assembly; seemed to have utterly extinguished, the hopes of that hardy and indefatigable race of men, who had covered the frontier at the time of the Indian invasion.

This case was the last of that series of judicial constructions of the act of 1792, by which the claims of the warrant-holder were sustained, in defence of reiterated acts, evincing the intentions of the Legislature, and the wishes of the people. The decision of the Supreme Court of the United States, in the case of the Holland Land Company claims, by placing the right of the warrant holder on a permanent foundation, by relieving him from the prformance of the condition of settlement, on account of Indian hostilities, however manifestly inconsistent with the tenor of the law of '92, had at least the advantage of at once ending the controversy between him and the actual settler, and putting an end to litigation; but the decision of the Supreme Court of Pennsylvania, which declared the rights of the warran tee forfeited, in the default of his entry and settlement within a period of two years from the treaty of Greenville, connected with a subsequent exposition of that act, virtually counteracting and destroying the effect of the original decision, has retarded the settlement of the country,involved parties in vexatious litigation, and tended to the mutual impoverishment of the warrant-holder and the settler. When the principle was once established, that the warrant-holder forfeited his right, in default of performing the condition of settlement, seemed a necessary inference, obvious to common sense, conforming to the reason of men of ordinary capacity, that the lands so forfeited, were open to settlement; it remained for judicial astuteness to discover that this was not the case-that, notwithstanding the forfeiture, the warrant-holder still held his title secure against all but the Commonwealth; that the entry of a settler, without a vacating warrant, was a trespass upon the lands of the warrantee-that as long as he continued there his acts of cultivation and improvement were, ipso facto, a prevention, and that all he did, enured to the benefit of the warrant-holder; so that he who forfeited his right, in default of settlement, might regain it by the act of one who entered upon color of the forfeiture. It will readily be perceived, that, whilst in form, the rights of the warrantee not making a settlement, were declar ed forfeited in effect, they were fully sustained. In the investigations of the cases, it will be found, that in every contest between the warrantee and actual settler, the The Judge by whom the subjoined charge was given, former has sustained his title, the latter has been evicthas furnished a copy for publication. The importance ed. From a series of decisions, which have been accuof its principles in relation to Actual Settlers, induces mulating for 30 years, all tending to establish the same us to believe that we could not do a greater service to principle of protection to the rights of the warrant-holdthe public than placing it, as speedily as possible, with-er no Judge can, at this period, dissent, without enin the reach of all who are interested in the question involved in the discussion. How far the actual settler may be enabled, at this late date, to avail himself of the law laid down, is a matter worthy of his deliberate examination.

It is proper also that we should here state the wish of the Company to obtain from the city authorities power to extend branches of the Rail Road from the first stone to the public property at the head of Howard street, and also to the city block, and to establish depots at both those places. To this subject we respectfully beg the attention of your honorable body.

We also refer to some documents herewith, showing the present and past condition of the trade of the Susquehanna, which will demonstrate the very important consequences dependent upon the course which may be adopted in regard to it.

Signed by order and on behalf of the board,
GEO. WINCHESTER, President.
Ballimore, 19th April, 1830.

ACTUAL SETTLEMENT TITLES.

APRIL TERM, 1830.

William Wilson,

vs.

Ejectment.

dangering the foundations of property, and involving the country in ruinous litigation. Unfortunate as have been the results of these decisions to the actual settler, the duty of submission is the paramount duty of the citizen. The excitements that have been caused by this controversy, are nearly allayed, and he who would resume them again, cannot be instigated by either patriot ism or a reverence for the institutions of his country.Whatever deference I may be disposed to pay to adjudi cations already made, I am by no means convinced that, where the rights of the actual settler can be sustaind without conflicting with the decisions already made, The principles involved it this case, is one of so much that there is any obligation imposed upon the inferior magnitude, that the brief time allotted to the prepara-tribunals of the country to conform to that spirit in for tion of a charge will not enable me to present those mer adjudications which tends to give a paramount views of it to the jury, which are necessary to illustrate right to the warrant-holder over the actual settler. it fully. If there remains one single solitary point still unde

Abram Leasure & John Serber.

The Hon. Charles Shaler, delivered the opinion of

the Court.

The case of Skeer and Pearce, in which it was decided, by which the settler may be saved in his rights, cided, after solemn argument, that an actual settler, up-in part only, I deem it an incumbent duty to interfere on warranted lands, subject to forfeiture for a breach of for his preservation. The point presented in the prethe condition of actual settlement, could not maintain sent case, is not entirely new to me. I have mentioned

ACTUAL SETTLEMENT TITLES.

some portion of the labor of the settler from the grasp of the warrant holder. Shall this chance be frittered away by judicial constructions, or shall the rights of the settler be sustained when it can be done without doing violence to former adjudications? This is a question, the ultimate decision of which rests with Judges who deserve and have the confidence of the community.Butler Sentinel.

THE STEAM BOAT ALLEGHENY.

son's and Montgomery's falls, followed in pretty quick succession, all being embraced within no less than 20 miles distance. Should these places be improved by dams of 4 or 5 feet high, and the channels deepened elsewhere where the river spreads over much surface, the Allegheny could be rendered navigable, it is my deliberate opinion, for Steam-boats as the Ohio now is, and both rivers could, by a comparatively small expenditure be rendered navigable, for boats of 100 tons in the lowes stage of water.-Ibid.

Diseases.

The following hasty sketch of the passage of this ves- BILL OF MORTALITY IN PHILADELPHIA, sel from Pittsburg to Franklin, was politely handed to us by our enterprizing townsman, Mr. David Dick. We congratulate the public on the result of this experiment. It has established the important fact that steam may be Apoplexy, advantageously applied to the navigation of the Alle- Atrophy, gheny river when the water is at an ordinary stage and Bronchitis, with a moderate expenditure in its improvement, at its Burns, lowest state. By this conveyance, notwithstanding the Cancer, many interposing difficulties, goods have been brought from the wharves at Pittsburg and offered for sale in our village on the fifth day. This is an interesting fact. By no other means of transit have they ever been delivered in so short a time.-Crawford Messenger.

par

Mr. Atkinson-At your request I hand you a few ticulars, hastily put to paper, touching the passage of the Steam-boat Allegheny, up that river.

pass

We left Pittsburg on Tuesday at 11 o'clock A. M. in rather an unprepared state, being desirous of trying the boat before the water got too low, and arrived at Freeport, a distance of 30 miles, that evening. Started next morning-met with a little trouble at the Kiskiminitas aqueduct. Unaware of meeting with an extra current, occasioned by the piers of the aqueduct, we were ing rather carelessly and had got two thirds through when the current struck the bow in a quarterly direction and turned her about. On second trial she passed through without difficulty. Patterson's falls was the first that presented any difficulty to her progress. Here the water, at a low stage, is confined to a very narrow channel-It is considered the most formidable rapid in the Allegheny. She ascended the falls about two-thirds their distance, and became stationary. This was entirely owing to the bad quality of the wood-by which the steam could not be raised beyond two thirds of the common working pressure-By the application of machinery she was warped a distance of about 30 feet, which carried her over the pinch. The same difficulty, and from the same cause, bad wood, was met with at montgomery's falls-we arrived at them early in the morning-and before the steam half working pressure. By the same process, as at Patterson's falls the difficulty was overcome. We arrived at Franklin at 2 o'clock P. M. on Sunday and on the same day the Allegheny proceeded on her course to Warren. Making all proper deductions for stoppages to take in and put out passengers, and to obtain supplies of wood, &c. and the loss of an afternoon at Patterson's falls, we may state the time in making the trip at abont 36 hours. From the result of this experiment, we may fairly assume, that the passage from Pittsburg to Franklin can be made by this boat in two days, and to Warren in three, running only in day-light, the river being in the same state it was when we ascended, the engine in good order, and driven by wood of a suitable quantity.

This being the first and altogether a trip of experiment, it may be naturally supposed that many difficulties would present themselves, equally as regarded her machinery and the tact necessary to her navigation. This was anticipated. Several matters have been found defective, and will be promptly remedied.

No serious obstacles present themselves to the navigation of the Allegheny river, by steam boats, from Pittsburg until you arrive within about forty miles of Franklin, Catfish Falls is a strong rapid. Parkers, Patter

Casualties,
Catarrh,
Childbed,
Cholic,

Consumption of the lungs,
Convulsions,
Debility,
Diarrhoea,
Disease of the Heart,
Dropsy,

FOR APRIL, 1830.

Adults. Childn. Total.

8

0

8

1

1

2

4

7

20

6

of the Brain,
of the Breast,

Inflammatory,

0

Intermittent,

Drowned,
Drunkenness,
Erysipelas,
Eruptions,
Fever,

Typhus,
Scarlet,

Nervous,
Found dead,
Hemorrhage,
Hernia,
Hives,
Hooping Cough,
Inflammation of Brain,

Insanity,

Mania a Potu,
Mortification,
Measles,
Old Age,
Ossification of Artery,
Palsy,
Scrofula,
Small Pox,
Still Born,
Sudden,
Suicide,
Teething,
Ulcers,
Unknown,
Worms,

From

27th March to 3d April,
3d April to 10th do.
10th do. to 17th do,