From the Blairsville Record.
SKETCHES, No. IV.

discretion and superintendence, they, of necessity, consigned the management of their property in this country. The long acquiescence, therefore, in the plan of the town, as returned by Woods, affords a strong presump- Of the Life, and Military and Hunting Adventures of tion against the right asserted by the plaintiff below, in this action.

The town was laid out in the spring or summer of seventeen hundred and eighty-four; no act was done by the proprietors, showing any claim to the land in controversy, until September, eighteen hundred and fourteen, when the deed to Wilson was executed. Here is a lapse of about thirty years, within which, no right is asserted by the Penn family, hostile to that which was exercised by the city, in the use of this ground, to the extent which its means enabled it to improve, and the public convenience seemed to require. A title which has remained dormant, for so great a number of years, and while the property was used for public purposes, and necessarily within the knowledge of the agents of the proprietors, is now asserted under doubtful circumstances of right. In some cases, a dedication of property to public use; as for instance, a street, or a public road, where the public has enjoyed the unmolested use of it, for six or seven years, has been deemed sufficient evidence of dedication.

The lapse of time, connected with the public use, and the determination expressed by the agent, at the time the town was laid out, to dispose of the whole of the manor, afford strong ground to presume, that no reservation of any part of the manor was intended to be made; and that the slip of land in controversy was not reserved. These were facts proper for the consideration of the jury, in determining the fact of dedication. They were calculated to have a strong influence to rebut the presumptions relied on by the plaintiff, in the court below.

If it were necessary, an unmolested possession of thirty years, would authorize the presumption of a grant. Indeed, under peculiar circumstances, a grant has been presumed from a possession less than the number of years required to bar the action of ejectment by the statute of limitations.

By the common law the fee in the soil remains in the original owner, where a public road is established over it; but the use of the road is in the public. The owner parts with this use only; for, if the road shall be vacated by the public, he resumes the exclusive possession of the ground; and while it is used as a high way, he is entitled to the timber and grass, which may grow upon the surfaces, and to all minerals which may be found below it. He may bring an action of trespass against any one, who obstructs the road.

In the discussion of this case, the same doctrine has been applied, by the counsel for the defendant in error, to the streets and alleys of a town. But in deciding the points raised by the bill of exceptions, it is not necessary to determine the question. Where the proprietor of a town disposes of all his interest in it, he would seem to stand in a different relation to the right of soil, in regard to the streets and alleys of the town; from the individual over whose soil a public road is established, and who continues to hold the land on both sides of it. Whether the purchasers of town lots are not in this respect, the owners of the soil, over which the streets and alleys are laid, as appurtenant to the adjoining lots, is a point not essentially involved in this case.

If the jury shall find, that the ground in question was dedicated to the public as a street or highway, or for other public purposes, to the river,either at high or low water mark, the right of the city will be established, and the plaintiff in the ejectment must consequently fail to re

cover.

Upon a deliberate consideration of the points involved in the case, this Court are clearly of the opinion, that the judgment of the Circuit Court was erroneous, and it is therefore reversed, and the cause remanded for further proceedings.

CAPT. SAMUEL BRADY,

(Continued from page 186.)

Many of Captain Brady's adventures occurred at periods, at which no certainty as to dates can now be had. The following is of that class.

His success as a partizan had acquired for him its usual results;-approbation with some, and envy with others. Some of his brother officers censured the Commandant for affording him such frequent opportu nities for honourable distinction. At length open complaint was made, accompanied by a request, in the na ture of a demand, that others should be permitted to share with Brady the perils and honors of the service, abroad from the fort. The General apprised Brady of what had passed, who readily acquiesced in the propriety of the proposed arrangement; and an opportunity was not long wanting for testing its efficiency.

The Indians made an inroad into the Sewickly settlement, committing the most barbarous murders, of men, women, and children; stealing such property as was portable, and destroying all else. The alarm was brought to Pittsburg, and a party of soldiers under the command of the emulous officers, dispatched for the protection of the settlements, and chastisement of the foe. From this expedition Brady was of course excluded; but the restraint was irksome to his feelings.

The day after the detachment had marched, he solicited permission from his commander, to take a small party for the purpose of "catching the Indians;" but was refused, By dint of importunity, however, he at length wrung from him a reluctant consent, and the command of five men; to this he added his pet Indian, and made hasty preparation.

Instead of moving toward Sewickly, as the first detachment had done, he crossed the Allegheny at Pittsburg and proceeded up the river. Conjecturing that the Indians had descended that stream in canoes, till near the settlement, he was careful to examine the mouths of all creeks coming into it, particularly from the south east. At the mouth of Big Mahoning, about six miles above Kittanning, the canoes were seen drawn up to its western bank. He instantly retreated down the river, and waited for night. As soon as it was dark, he made a raft, and crossed to the Kittanning side. He then proceeded up to the creek, and found that the Indians had, in the meantime, crossed the creek, as their canoes were now drawn to its upper or north eastern bank.

Next a

The country on both sides of Mahoning, atits mouth, is rough and mountainous; and the stream, which was then high, very rapid. Several ineffectual attempts were made to wade it, which they at length succeeded in doing, three or four miles above the canoes. fire was made, their clothing dried, and arms inspected; and the party moved toward the Indian camp, which was pitched on the second bank of the river. Brady placed his men at some distance, on the lower, or first bank.

The Indians had brought from Sewickly a stallion, which they had fettered and turned to pasture on the lower bank. An Indian, probably the owner, under the law of arms, came frequently down to him, and occasioned the party no little trouble. The horse, too, seemed willing to keep their company, and it required considerable circumspection to avoid all intercourse with either. Brady became so provoked that he had a strong inclination to tomahawk the Indian, but his calmer judgment repudiated the act, as likely to put to hazard a more decisive and important achievement.

At length the Indians seemed quiet, and the Captain determined to pay them a closer visit; and if in doing so,

he met with a ludicrous adventure, gentle reader, it is no fault of mine.

practice, measures were adopted immediately after the organization of this board, to adapt the arrangements of the institution to their decision.

These arrangements resulted in causing the Library to be opened on Monday, Wednesday, and Friday evenings, and on the afternoon and evening of Saturday of each week, and in such a classification of the applicants, as enabled the librarian and his assistant more effectually and beneficially to discharge the trust committed to them.

Ten hundred and thirty-one boys are now participatin the benefits of the institution. The monthly average number for the whole year has been eight hundred and thirty-three: and five thousand individuals are estimated to have enjoyed its privileges since it was established.

He had got quite near their fires; his pet Indian had caught him by the hair and gave it a pluck, intimating the advice to retire, which he would not venture to whisper; but finding Brady regardless of it, had crawled off; when the Captain, who was scanning their numbers, and the position of their guns, observed one throw off his blanket and rise to his feet. It was altogether impracticable for Brady to move, without being seen. He instantly decided to remain where he was and risk what might happen. He drew his head slowly beneath the browing of the bank,putting his forehead to the earth for concealment. His next sensation was that of warm water poured into the hollow of his neck, as from the spout of a tea pot, which trickling down his back over the chilled skin, produced a feeling that even his iron nerves could Since last report, seventeen members have been added scarce master. He felt quietly for his tomahawk, and to the company, and the additions to the Library, by had it been about him, he probably would he used it; purchases and donations, have been six hundred and but he had divested himself even of that when prepar- twenty-three volumes. Two hundred and ninety-four ing to approach the fires, least by striking against the volumes have been rebound, and the Library now constones or gravel, it might give alarm. He was com- sists of about seven thousand volumes comprising as pelled, therefore, "nolens volens," to submit to this valuable a collection of works in science and useful litevery unpleasant operation, until it should please his rature, as is to be found in any similar institution in this warriorship to refrain; which he soon did, and return- country. ing to his place, wrapped himself up in his blanket, The minutes of the Committees of Attendance furand composed himself for sleep as if nothing had nap-nish evidence of the benefits which this institution is sipened. lently, but steadily conferring on the community. The orderly deportment of the boys, the avidity with which instructive books are sought after, and read, and the care which is manifested for their preservation, strikingly illustrate the meliorating influence of sound literature and knowledge upon mind and manners.

Brady returned to, and posted his men, and in the deepest silence all awaited the break of day. When it appeared the Indians arose and stood around their fires; exulting, doubtless, in the scalps they had taken; the plunder they had acquired; and the injury they had inflicted on their enemies. Precarious joy: short lived triumph; the avenger of blood was beside them! At a signal given, seven rifles cracked, and five Indians were dead ere they fell. Brady's well known war cry was heard, his party was among them, and their guns (mostly empty) were all secured. The remaining Indians instantly fled and disappeared. One was pursued by the trace of his blood, which he seems to have succeeded in staunching. The pet Indian then imitated the cry of a young wolf, which was answered by the wounded man, and the pursuit again renewed. A second time the wolf cry was given and answered, and the pursuit continued into a windfall. Here he must have espied his pursuers, for he answered no more. Brady found his remains there three weeks afterwards, being led to the place by ravens that were preying on

the carcase.

The horse was unfettered, the plunder gathered, and the party commenced their return to Pittsburg, most of them descending in the Indian canoes.

Three days after their return, the first detachment came in. They reported, that they had followed the Indians closely, but that the latter had got into their canoes and made their escape.

KISKEMINETAS.

APPRENTICES' LIBRARY COMPANY. Annual Report of the Managers of the Apprentices' Library Company of Philadelphia. With an appendix. Read at a meeting of the Company, held at their Rooms, on the 12th of March, 1832, and published by their order.

In conformity with the provisions of the Charter, the Managers of the Apprentices' Library submit the following Report of their administration of its affairs for the past year.

The increased number of applicants for books, having produced a determination in the Board which immediately preceded us, to open the Library four nights in each week, instead of two, as had previously been the

The report of the Treasurer, herewith submitted, exhibits the present condition of the finances; showing an expenditure of two hundred and eighty-nine dollars, and ninety-three cents, for the purchase and binding of books; and five hundred and seventy-one dollars, and eighteen cents for the salaries of the librarians, rent, and incidental expenses of the establishment.

The Board have been careful to guard against the introduction of books of a demoralizing, or useless tendency; and at the same time to present to the applicants a collection which would reward the readers, with pleasure, as well as instruction. That this result has crowned their labours, a constantly increasing number of applicants for books, gives the most animating testimony. Numerous as the institutions are in this city, whose pretensions to public favour rest on a more attractive basis than the Apprentices' Library, we feel well assured, that none can claim the meed of a widely extended patronage with more justice, than an institution founded for the promotion of orderly and virtuous habits, the diffusion of knowledge, and the extension of the benefits of education.

ful, is manifested in the improved habits of our appren-
That the efforts of the Company have been success-
tices, and in the prevalence of a greater degree of in-
formation amongst our younger citizens, whose inquiries
after knowledge have been stimulated by a participation
in the benefits which this institution has offered to the
community. To them particularly, it appeals for coun-
tenance and aid: and in commending it to the fostering
care and liberal patronage of the public, we trust that
it may be provided with abundant means for diffusing
one of the best gifts of Heaven.

By order of the Board of Managers,
PHILIP GARRETT, CHAIRMAN.

F. FRALEY, SECRETARY.

Philadelphia, March 12th, 1832. "The Apprentices Library Company of Philadelphia," in account with Samuel Sellers, Treasurer. March 14th, 1831, to March 10th, 1832.

From

$3 04 125 00

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. IX.-NO. 14.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, APRIL 7, 1832. NO. 223.

ANNUAL REPORT OF THE FRANKLIN
INSTITUTE.

Report of the Board of Managers,

To the Franklin Institute of the State of Pennsylvania,
for the promotion of the Mechanic Arts, the Board of
Managers respectfully submit their Eighth Annual
Report.

cation.

ed his situation, it has been found expedient not to fill the vacancy during the present winter. The teacher of architectural drawing, Mr. Strickland, is well quali fied to give instruction in all the departments, and experience has satisfied us of the propriety of having but one teacher in the same room at the same time. Doubtless, if the funds of the Institute permitted us to retain for our own use some of the apartments which are now rented, a more enlarged plan of schools could be adopted, consistently with the ample accommodations which THE termination of the eighth year of our labours in- would then be at our disposal. Foremost among the vites us to a review of the general concerns of the In-departments which would claim a portion of these acstitute, and of the progress which has been made during commodations, would be the new English school lately that year to promote the great objects for which it was opened by the Board. Our predecessors have had freestablished. quent opportunities of expressing their sense of the imPursuing the order which was adopted on former oc-portance of the mathematical school, established soon casions, we shall first call the attention of the members after the formation of the Institute, and their regret that to that part of our duties which is connected with edu- it did meet with that encouragement to which it seemed entitled. Believing that its failufe proceeded from This was the first object of the founders of the Insti- the circumstance that its plan was too restricted, and tute, and must ever continue to be one of its most im- not sufficiently popular, the Board have this year estaportant departments. Another year's experience adds blished an evening English school; in which all the to the high opinion previously formed of the general fit- branches of a plain English education are taught; with ness of the plan of instruction heretofore pursued, while this additional circumstance, however, that the high the success of some new and hitherto untried projects qualifications of the teacher will enable him to carry his seems to invite to further experiments in order to add pupils as deeply into the science of mathematics as it to its usefulness and efficiency. The separation of the may be convenient or desirable that any of them should subject of practical mechanics from the chair of natural proceed. This school embraces, therefore, all that was philosophy and mechanics has added to the attractions of expected of the mathematical school, while its more enour lecture room. The instruction delivered every fort-larged field of operations will, we hope, give it an addinight by our new lecturer, Mr. Franklin Peale, has tional degree of popularity with the members of our as from its novelty and from the intrinsic merits of the lec-sociation. The salutary provisions of our laws, as well turer, attracted much attention on the part of the public: the experiment, so far as it has proceeded, has given to the Board great satisfaction, and has, it is hoped, been equally gratifying to the members of the Institute at large. By reducing the very extensive field which had fallen to the lot of Professor Johnson, it will relieve him from part of his duties, and enable him to devote more time to other portions of the important professorship committed to him. Natural philosophy may be considered as the very element of all the subjects taught in the Institute's lecture room. Without a proper knowledge of it, the students will derive much less benefit from the lectures on mechanics, or on chemistry. It is therefore desirable that this science should be taught as thoroughly as possible; and that the lecturer's attention and time be not divided between too many subjects. The course of chemistry, by Professor Franklin Bache, continues to enlist the attention of a large and respectable part of the community.

It is with much pleasure that the Board advert to the increasing interest in our lectures manifested by the females and younger branches of the families of our members. There have been issued by the actuary, 196 minors' tickets, 63 ladies' tickets, and two strangers' tickets. Including female minors, there are now 110 ladies attending our lectures, which is an increase of 44 over our number last year.

Our schools have also experienced some change in their organization, and have, we believe, increased in efficiency. The drawing school retains its usefulness, and includes at present thirty-nine pupils. The teacher of ornamental drawing, Mr. Bridport, having resign.

VOL. IX.

27

as the more powerful influence of public opinion, re
quire that each apprentice shall receive from his mas
ter during the term of his apprenticeship, a certain
amount of schooling. Unfortunately, however, this
part of the indentures is in many cases but imperfectly
attended to. It is the object of the Board to establish
a school of such a character as shall command the good
opinion of our members, and induce that large portion
of those who are engaged in mechanical pursuits to se-
lect it as the best, for the education of their sons, and
of the apprentices committed to their charge. To the
journeyman, likewise, who wishes to improve himself,
it will offer great inducements. Actuated by these views,
the Board have selected for the teacher Mr. Seth Smith,
and have placed the expenses of the school upon the
The committee of instruction have re-
lowest terms.
ported to the Board the entire satisfaction which they
experienced from the judicious mode of instruction
adopted by Mr. Smith, from the good order and atten
tion which prevail in the school, and from the accom-
modations which it affords to those who now attend it.
It has been open but a few weeks, and the number of
pupils in attendance is consequently very limited, but
there is reason to hope, that after it shall have been>
longer in operation, and have become more generally
known, it will receive additional patronage, and by its
increased numbers, as well as by its merits, reflect cre-
dit upon the Institute. To the fostering care and at-
tention of their successors the Board would respectfully
recommend this school, as an instrument calculated to
produce great good.

The Board having ascertained in the beginning of the

year, that a gentleman of this city was disposed to give a course of lectures on geology, provided sufficient encouragement were given him, granted to him the use of their room, free of rent, or expense of lighting and heating, on condition that corresponding advantages should be extended by him to such of our members as chose to attend the lectures, and it is believed that a number of them availed themselves of the opportunity. The following schedule exhibits the benefits derived by the community from our system of lectures and schools; premising, however, that it does not include the number of members of the Institute that attend the lectures, but merely the extra tickets sold, during the last and present winter.

1830-1

175
42

219

explained to them. Several of them availed themselves of the opportunity of doing so, and others who were not prepared for the exhibition of 1831, have promised to contribute to them in future. The success of that held in October last has fully realized our most sanguine expectations, and is believed to have exceeded in interest any of those which had preceded. It has certainly shown that neither the zeal of our manufacturers, nor the interest of the public, had suffered the least impairment by the frequent repetition of our appeals to them. Influenced by these motives, the Board immediately afterwards considered the propriety of holding the eighth exhibition in October next, and resolved the question affirmatively. Without intending to decide 1831-2 that circumstances may not at some future time require that their recurrence be less frequent, we shall confine 196 ourselves to the statement that hitherto no such neces63 sity has presented itself, and that we are of opinion that 2 it is the duty, as well as the interest of the Institute, however troublesome their exhibitions may be, not to 261 shrink from them so long as they are productive of the benefits which have hitherto attended them. If any 39 further proof be wanted of the estimate in which they are held by the public, we shall find it in the readiness with which the Institute have been intrusted with the appropriation of moneys raised for the advancement of certain branches of industry. The sum of one hundred and twenty dollars was last year placed at their disposal to encourage a competition on stoves and grates for an. thracite; of this fund one hundred dollars have already been awarded. A still more flattering proof of confidence was evidenced in the appropriation by the City Councils, of the sum of one hundred dollars, to be awarded by the Institute to the successful competitor on street lamps, in October next.

19 suspended.

279

23

323

Increase over last year 44. The next subject to which we would invite your attention, is that of exhibitions. The experience of each succeeding year adds to our conviction that next to education, and second only to that in importance, are the displays of domestic manufactures made at stated periods under the patronage of the Institute. It would carry us too far at present, and indeed it would be a work of supererogation to enlarge upon the great benefits which the country derives from them; it will suffice to state, that to the Institute itself they are of incalculable advantage-they keep it in close and intimate connexion with the manufactures and mechanics not only of this city, but of the Union at large-they quicken the zeal and interest of our fellow citizens in the prosperity of an institution, which, so long as it shall continue to restrict itself to its legitimate field of operation, cannot fail to receive, as it will deserve, extensive patronage-they gratify the just and honorable pride of the mechanic, and induce him properly to estimate the character of the association, which enables him without any expense or trouble to himself, to select in his obscure and remote workshop, the wares which, when ex- The Journal of the Institute has been continued with hibited in broad daylight before thousands of his fellow every possible attention. The valuable services of our citizens, procure to him the meed of approbation, as esteemed editor, Dr. Jones, have been secured for a well as the more solid benefits resulting from a due ap- continued period by a new arrangement equally satispreciation by the consumer of the merits of the manu- factory to himself and to the Institute, and the difficulfactures of our own country. To promote these exhi- ties and obstacles produced by his distant residence have bitions, and to secure their success, it is the duty of been removed by the assiduity of a committee of the those whom you have intrusted with the stewardship of Board. The Journal has, during the last year, containyour affairs, and who have excepted the trust, to spare ed more original matter than at any former period. It no exertions, and to avoid no reasonable expense. Im- includes the description of four hundred and seventypressed with these views, this Board adopted at their two American patents, with remarks upon their respecvery first meeting the project of holding an exhibition tive merits, and full copies of the specifications, accomin 1831, and at their first stated meeting, they decided panied by plates, were published whenever the importhat as no views of mercenary profits influenced the In-tance of the subject warranted it. The patronage stitute in their establishment, all the proceeds from the which the Journal receives is gradually increasing, sale of tickets of admission, should go to the defraying though by no means equal to what we would fain hope of the expenses of the exhibition, and that any surplus that it will be after its merits shall be better known and funds should be appropriated to the improvement of more fully appreciated. It is perhaps not sufficiently subsequent ones. Accordingly the expenditures of the known that the Board have, by great exertions, succeedlast exhibition have been upon a more liberal scale than ed in making arrangements which enable them to offer those of any that preceded it. Our actuary was sent to a liberal compensation to those authors who contribute visit the principal manufacturing towns and establish- communications to the Journal. This arrangement, it ments in the United States, in order to establish a per- is believed, will add much to its merit. The nett insonal connexion between the proprietors and the Insti- crease in the list of subscribers during the last year does tute. They were invited to send their goods to our ex-not exceed eighty-eight, but it is hoped that by due exhibitions, the objects and character of which were fully ertions a larger accession will be obtained.

With a view to do justice to all those who had deposited their wares at our last exhibition, a full account of it has been published in pamphlet form, and is in the course of distribution. To it is annexed the plan of ' the eighth exhibition, with the list of premiums to be then awarded; the Board would earnestly invite the members to assist in its extensive circulation. Finally, it is gratifying to the Board to state that they have succeeded in obtaining a sufficient number of medals to redeem the pledges given, not only at the last exhibition, but even at the preceding ones, and that a public distribution of them will take place on the 21st instant, and that it will be preceded by an address by a member of the Institute. Those to whom honorary mentions have been awarded, will at the same time receive the certificates which have been prepared for them.