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much all these things were due to the immediate operation of his powerful mind.

For during the fifteen years which followed his departure, until his next return in 1699, history will have to picture far different scenes. The territories separat

tional answer, says his biographer Clarkson, and we may add, the strongest proof that can be given of the powerful ascendency of this great man over minds of an inferior stamp.

It will be the duty of the historian to trace the origin, ed from the province, a schism in the church, and fac-nd mark the rise and consequences of those unhappy tions in the state carried to such a degree of violence as to afford a pretext to the British ministry to take into their hands the government of the country, and ignominiously annex it to that of a neighboring colony. The historian will tell how William Penn rose superior to all these difficulties, recovered his former authority, and by his presence here, silenced all factions, re-united the lower counties, and restored the land to its former una nimity and peace. It was then that after four different constitutions had been successively tried and found in efficient, he gave to Pennsylvania that charter, which continued in force until the revolution, and which the people received with expressions of gratitude too soon afterwards forgotten. Unfortunately, this charter contained the seeds of that division between the province and territories, which after his departure broke out again, never to be healed.


It will ever be a source of regret that William Penn did not, as he had contemplated, fix his permanent resi. dence in his province, and that, after the lapse of a short year, he again embarked for England, whence it had been decreed by Providence that he never should reThere is too much reason to believe that in this he yielded to the influence of his wife, and of his daughter Lætitia, who do not appear to have been pleased with a residence in the country.* Yet Hannah Penn was a woman of great merit, and her name will shine conspicuously, and with honor, in our history. But when we consider her rank, education, and fortune, and the situation of Pennsylvania at that time, we need not wonder that she preferred the society of her friends in her native land to a life of hardship and self-denial in a newly settled colony. And it is easy to conceive how William Penn's return may have been postponed amidst efforts to conquer her reluctance, until other circumstances intervened which prevented it altogether.

A single trait will be sufficient to show what evils would have been averted from Pennsylvania, if William Penn had remained here to the end of his days. Nine years after his departure, when his country was again rent by intestine divisions, and a factious legislature, taking an unmanly advantage of the misfortunes which had of late fallen heavy upon him, were striving by every means to wrest power from his hands, a letter from him to that assembly, in which he tenderly expostulated with them for their ungrateful conduct, produced an entire and a sudden change in the minds of the deluded people, and at the next election his enemies were hurled from the seats which they had disgraced. A truly na

*William Penn went to England towards the end of 1701, to prevent the passage of a bill which had been brought into Parliament, for the purpose of depriving him of the government of his province, and vesting it in the king. When he arrived at London, he found that the danger was over, and there appears to have been nothing at that time to have prevented his coming back immediately. It was his intention, when he departed from Pennsylvania, to have left his wife and daughter here as a pledge for his speedy return, but they could not be prevailed upon to remain, at which he appears to have been much grieved, and in the pains which he took to quiet the minds of the inhabitants on this occasion, it is easy to perceive forbodings in his mind which the event but too certainly realized. This is one among the many curious historical facts which are contained in the valuable correspondence of the Honorable James Logan with William Penn, collected and enriched with interesting notes, by a lady whom I shall presently have occasion more particularly to mention.

feuds which so long agitated Pennsylvania, and embit tered the whole life of our illustrious founder. He will find much to be ascribed to the weakness or wickedness of the different lieutenant governors, who ruled the province while William Penn lived, and for some time after his death. With a faithful and impartial pencil, he will delineate the characters of those who successive. ly filled that important station. He will describe EVANS, a rash, intemperate, and licentious young man, ignorant of the people he was called upon to govern, and entirely unfit for the trust committed to him; GookIN, an open hearted, honest old soldier, better calculated for the field than for the cabinet; and KELн, a despe rate intriguer, who courted the favour of the people by the sacrifice of his duty to his patrons, and whom that people justly rewarded, in the end, with their contempt and neglect. With the same correct and steady hand, he will pourtray the other prominent characters, who figured in these scenes. IN DAVID LLOYD, he will show a man of strong, natural, and acquired talents, bred in a revolutionary school, skilled in the dangerous art of dividing and leading popular assemblies, tenacious of his ends, too little scrupulous about the means, and indulging his personal resentments against the proprietor, at the expense of the happiness and welfare of his coun try; while in his antagonist, JAMES LOGAN, he will have to describe a character of a far different stamp; a man of profound learning, skilled in the useful as well as in the elegant sciences; one possessed of a strong and correct judgment, faithful to h ́s trust, and of unshaken integrity, but whose stern Roman virtue could not stoop to defeat by similar means, the intrigues of his adversaries; therefore the world misjudged him; but his great patron knew him well, and appreciated his worth, and he preserved his confidence and that of his family to the last day of his life. History will do him justice, and destroy the unfounded prejudice which a too celebrat. ed book has excited against him.

With such opposite characters, we need not wonder that David Lloyd obtained, more than once. unmerited success over his adversary. In pozular governments, as well as in others, the arts of the politician too often triumph over integrity and virtue. Yet, though David Lloyd's political conduct was marked by unjustifiable intrigue, there appears no reason to suppose that his mind was naturally base or corrupt. He was hurried by the violence of his passions, and by resentments for some supposed injustice, which he thought had been done to him by the proprietor, into a system of opposition to his government. Thus he was imperceptibly led into an abuse of his popular talents, which, no doubt, when his feelings became more calin, he afterwards regretted.

We find him at a late period, assisting James Logan, in ascertaining the proprietor's t tle to the lower counties, and those two great men, acting harmoniously together, for the public good. "It is soothing," says the eloquent annotator to Logan's correspondence, to whom we are indebted for this interesting fact; "it is soothing to observe, in the characters of men who, like these, hitherto have been swayed by prejudice or passions, that when the evening of life advances, the storms which have agitated them subside. and the soul, like the sun of the natural world, emerging from the clouds which have obscured it, illuminates the horizon with its parting beam, and the day closes in serenity and peace." In this short quotation, gentlemen you have already recognized the elegant and feeling language of our re

* The Historical Review, ascribed, perhaps unjustly, to Dr. Franklin.

vered friend Mrs. DEBORAH LOGAN, in whom the histo- On motion of Mr. Haymond, it was Resolved, That a rian that Pennsylvania calls for would soon be found if committee of one member from each county be appointshe could but be persuaded to trust her exquisite talent.ed to examine and ascertain who are entitled to sea's in But, alas! her mind, that mind formed to instruct and this Convention, and Messrs. Christie, Love, Ray, delight the world, is now only tuned to sorrow. Histo Burden, Sangston, Barns, Kincheloe, and Cox, were ry as lost its charms, while her soul is concentered in appointed. the thought of the irreparable loss which she and the country have suffered, and which our Society so justly laments.

And art thou gone, LOGAN? friend of man! friend of peace! fr end of science! Thou whose persuasive accents could still the angry p ssions of the rulers of men, and dispose their minds to listen to the voice of reason and ju-tice! Thou whose life was devoted to the cause of humanity, and to the promotion of harmony and concord between nations! What though party spirit has in vain endeavored to obscure thy virtues, they will live in the faithful page of history, and thy name will be handed down with honor to posterity.

We, gentlemen, particularly the members of your Historical Committee, can never forget the powerful aid which, in the pursuit of our literary objects, we have received from our lamented associate. Other sci entific institutions also have just cause to regret his loss. I could not, on this occasion pass him over in silence, nor dispense with scattering a few humble flowerets upon his tomb.

I had designed to have extended discourse a little further, and to have spoken to you of the errors of the descendants of William Penn, and of the violence of their opponents, whose over heated zeal did not even spare his venerated memory; I would have traced the rapid rise of this country, of this city in particular, and its various public in-titutions, many of which, and our Society among others, were established before the pe riod of the American Revolution; but after touching on a mournful theme like that which we have just left, neither your minds nor mine are disposed to wander again in the fields of History. I quit them, nevertheless, with regret, deeply impressed as I am with the import ance of our domestic annals, and the interest which their narration would possess, if drawn by the pen of an able writer. If by the few traits that I have ventured to sketch with an unskilful hand, I have succeeded in exc.ting a more general desire to become particularly acquainted with our colonial history; if, above all, it were not too presumptuous in me to expect that this weak attempt will stimulate some person of adequate talents to undertake the honorable task of giving it to the world, then I might indulge the hope that you would not think that I have trespassed so long on your time and attention in vain.

From the Pittsburg Gazette. MONONGAHELA RIVER. GREENSBURG CONVENTION.-On Tuesday, September, 25th, 1833, Delegates from the counties of Monongalia, Harrison, and Lewis in Virginia; and from Allegheny, Washington, Greene, Fayette, and Westmoreland, in Pennsy vania, assembled at the Lutheran, and Presbyterian Church, in Greensboro, Greene county, to deliberate upon the subject of the improvement of the Monongahela.

The Convention was organized by calling Joseph Johnson, Esq. of Harrison county, Virginia, to the Chair, and appointing Thomas Sloane, of Fayette county, Pennsylvania, Secretary.

On motion of Mr. Haymond, of Monongalia, it was Resolved, That a committee, consisting of one member from each county, represented in this Convention, be appointed to select and recommend officers to act in this Convention, and Messrs. Haymond, Davis, Findly, from Washington, Plummer, Prider, Davison, Johnston, and Newlin, were appointed.

*Dr. George Logan died on the 9th of April last, at his family seat at Stenton, near Germantown.

On motion, it was Resolved, That this Convention have a recess for one hour.

Afternoon Session, 2 o'clock, P. M-The Convention met. Mr. Plummer, from the committee appointed to select and recommend officers to preside in the Convention, reported that they recommend the following per


President-Joseph Johnson, Esq. of Harrison county,


Vice President-James W. Nicholson, of Fayette county.

Secretaries-Wm. Eichbaum, of Allegheny county, Pa.; Thomes P. Ray, Esq. of Monongalia county, Va. Upon motion, the report was unanimously concurred in. The President, in a pertinent and eloquent address, expressed his grateful acknowledgments for the honor conferred upon him.

The committee appointed to ascertain the names of persons entitled to seats in this Convention reported the following list of persons appointed as delegates, VIRGINIA-Monongalia county.

Matthew Gay,
John Evans, jr.
Robt McGee,
*George McNeely,
John Rogers,

Philip Cox, jr.
Wm. Newlin,

Joseph Johnson,
Wm. Johnson,
Daniel Kinchelo,
Beverly Roy,
Augustin J. Smith.

Wm. Lazier,
T. S. Raymond.
Joseph F Harrison,
*Leonard Lamb,
Thomas P. Ray,

Lewis county.

Hezekiah ). Sharp,
Peyton B. Byrne.

Harrison county.

Wm. A. Sandy,
Wilson Shinn,
Benj. Reeder,

Geo. J. Davison,

PENNSYLVANIA-Allegheny county.

Andrew N. McDowell,
*John M. Snowden,
*W. W. Fetterman,
John D. Davis,
Neville B. Craig,
John Walden,

*Humphrey Fullerton,
Samuel Frew,
*Adam Hays.

Henry M. Watts,

Charles Avery,
Robert Christy,
Wm. Eichbaum,
*Robert Burke,
John Arthurs,
*John Walker,
*Thomas Warren,

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Those marked thus (*) were not present.

Mr. Haymond, from Monongalia, offered the following resolution

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Resolved, That a committee of two members from each county here represented, be appointed, whose du ty it shall be to report, as soon as practicable, the man ner in which the object of this convention can be best effected."

Mr. Stewart offered the following resolutions as amendments.

"Resolved, That a committee of eight persons be appointed to report the best plan for the improvement of the Monongahela river.”

After considerable discussion, the above resolutions were adopted,and the following committees appointed. On the first resolution, Messrs. Haymond, Gay, Sandy, Kincheloe, Cox, Byrne, Arthurs, Davis, Hill, Findley, Black, Boughner, Nicholson, Bowman, Powers, and Plummer. On the second resolution, Messis Sloan, Arthurs, Plummer, Findley, Barns, Ray, Johnson, and Sharp. On the third resolution, Messrs. Stewart, Craig, Beazel, Love, Hughes, McGee, and Newlin.

The convention adjourned to meet to morrow morn ing, at 9 o'clock.

Wednesday, Sept. 26.-The convention assembled in pursuance of adjournment. The names of the Dele gates were called over.

On motion of Mr. Black, Messrs. Irons and Stone, were admitted as delegates to supply vacancies in the delegation from Greene county, and on motion of Mr. Gay, the report of Dr. Howard was read.

On motion of Mr. Christy, Edgar C. Wilson, member of Congress, elect, from Virginia, was admitted to a seat inthis convention.

Mr. Haymond, from the committee appointed to report the manner in which the objects of this meeting can be best attained, reported the following preamble and resolutions, which were unanimously adopted.

"We, the representatives in the convention here assembled, having been called together by the spontaneous voice of the people whom we represent, feeling a deep interest in common with the people living upon the Monongahela river, and its tributary streams, a country already advancing to a high state of improvement,increasing in agricultural productions and manufacturing institutions, with a valley extending from Pittsburg about one hundred and fifty miles into Virginia, with a soil capable of great improvement, sustaining a rapidly increasing population, possessing inexhaustible beds of Iron Ore, Stone Coal, and other valuable minerals, the use and manufacture of which may be extended to any amount; having, too, immense forests of the finest timber on the western waters, used, in the present imperfect navigation of the river, altogether for building boats that ply upon the Ohio and Mississippi rivers, the transportation of which can now only be effected in times of high water.

For transportation down the river, we have the productions of our agricultural pursuits, and our lumber, our immense beds of coal, our manufuctured iron, glass, and paper, the gross value of which may be estimated at one million of dollars annually.

We are dependant upon the salt works near Pittsburg for our supply of that indispensible article, used in immense quantities in our region of country for stock, manufacturing purposes, and family consumption. The larger portion of our groceries, such as sugar, lead, coffee, tea, &c. are also procured from Pittsburgh, to

gether with a considerable portion of our dry goods, which articles are now carried, in times of freshets, in Keel and Steamboats, as high up the river as Morgan town, in Virginia.

This convention, conceiving the improvement of the Monongahela river to be a work of great national importance, and from the present flourishing state of the finances of the country, and believing the time has arrived when they may succes-fully ask of the government of the United States, an appropriation of money for carrying into effect so desirable an object, have come to the following resolutions:

Resolved, by this Convention, That the improvement of the navigation of the Monongahela river, is a su'ject of deep interest to the people we represent, as well as to the whole surrounding country, and that in our opinion, it is of sufficient national importance to justify the Government of the United States in making an im mediate appropriation to complete the improvement of so much of the said river as the survey, plan, and estimate, may require."

Resolved, That the President of the United States be earnestly requested to direct a continuation of the survey, plan, and estimate, for improving the Monongahela river to such points on the said river, as may be susceptible of improvement, and the interests of the country may require.

Mr. Sloan from the committee appointed to report the best pln for improving the Monongahela river, made the following report.

"The committee appointed to report a plan for the improvement of the Monongahela river,have taken that subject under consider tion, and report to the Convention-That the best mode of improving the navigation of that river will be by Locks and Dams."

On the adoption of this report, Mr. Stewart asked for a division of the House, which was granted; when the ayes were 46, noes 6.

Mr. Stewart, from the committee to prepare a memorial, reported the following, which was unanimously adopted:


To the Honorable, the Senate and House of Representatives of the United States, in Congress assembled: The petition of the undersigned citizens of the western parts of Pennsylvania and Virginia, respectfully represents:

That as friends of a general and diffusive system of national improvement, extending alike to all parts of our common country, they contemplate with high satisfaction, the period as at hand, if not actually arrived, when the extinguishment of the national debt must leave a very large surplus of revenue, applicable to objects of national improvement, uniting and binding more firmly together the distant parts of our happy Union, by the strong and enduring bonds of mutual dependence, resulting from mutual intercourse, and advancing at the same time the commercial prosperity of our country in peace, its strength and security in war. That among the objects of improvement having just claims to a participation in the national bounty, the undersigned feel warranted in presenting the Monongahela river as one worthy of your favorable consideration, and the more especially, when it is considered that this will be in fact but an extension of an improvement already in progress, under the act of 1824, for the improvement of the Ohio and Mississippi to a higher practical pont, and to which point this improvement must and will, we trust, be ultimately extended-and here your memorialists beg leave respectfully to state some of the considerations which would indicate the present as the proper period for such extension.

The country bordering on the Monongahela and its tributaries, whether considered in reference to its agricultural and manufacturing capabilities, or its mineral productions and resources, is not surpassed by any por

tion of country of the same extent and population be- by the officers of this Convention, with a letter, retween this district and the city of New Orleans.

The coal excavated from inexhaustible mines, on the banks of the Monongahela, for more than a hundred miles in extent, now actually supplies the markets, propels the machinery, and feeds the fires of the principal cities and towns on the Ohio and Mississippi. The ore and iron supplied by the same region keep in operation at least one hundred furnaces, forges, rolling and slitting mills, and other iron factories, supplying the new and growing states of the west with this necesssry and indispensable article. No less than twenty glass works, manufacturing an average of 4,000 boxes each, per annum -eight ext nsive paper mills, besides a number of other mnafacturing establishments, of cotton, wool, &c., are now in operation within a distance of fi ty miles along the Monongahela, and their number rapidly increasing. Within the last y ar, no less than twenty steamboats, varying from 80 to 600 ons have been built, and from 40 to 50 steam mills built for the manufacture of flour and boards alone, on the banks of the Monongahela, whose productions, for want of the proposed improve ment, can now only be transported to the appropriate markets during short and uncertain periods of high water. The aggregate of the mineral and manufactured productions of the country of the Monongahela and its tributaries, have been estimated at one million of dollars per annum and their agricultural productions may, we think, be safely estimated at an equal sum, and the amount would of course be greatly increased by the powerful stimulus which the proposed improvement would apply to the productive energies of our country.

questing his early attention to the subject.
On motion of Mr Gay-"Resolved, That 500 copies
of the reports and memorial of the Committees appoint-
ed in this Convention, be printed and circulated.

On motion of Mr. Stewart-"Resolved, That the dif
ferent printers in the counties represented in this Con-
ventio, and others favorable to its object, be requested
to publish the proceedings of this Convention.
On motion of Mr. Byrne-"Resolved, That each
member of the Convention be furnished with a printed
copy of these proceedings, by the Secretary.

On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be tendered to the Presbyte rian and Lutheran congregations, in Greensboro and vicinity, for their liberality in affording to the Convention the use of their church, and to the citizens of Greensboro, New Geneva, and their vicinities, for their kind hospitality to the delegates assembled."

On motion of Mr. Craig-Resolved. That the thanks of this Convention be presented to the President, for the able, dignified, and impartial manner, in which he has discharged his duties as presiding officer."

On motion of Mr. Stewart-"Resolved, That the thanks of this Convention be offered to the Vice Presi dent and Secretaries, for the able and efficient manner in which they have discharged their duties." On motion of Mr. Lazier-"Resolved, That this Convention do now adjourn.”

Mr. Printer,—

From the Columbia Spy.

An interesting question has arisen and is much considered in Lancaster county-Whether a Deputy She riff, who has served as such for three years, is legally eligible to the office of High Sheriff. Having investi

The fall in the Monongahela river has been ascertained by repeated surveys, to be less than seven inches per mile, for nearly one hundred miles in extent, and the whole sum required to make a perfect steamboat navigation, by lo ks and dams, falls considerably short of half a million of dollars; a sum altogether inconsider able, when compared with the great importance of the objects to be attained; and, especially when it is consi-gated the matter for my own entertainment, I send dered that the proposed improvement will extend equal facilities to the ascending and descending navigation, and open a new and extensive market to the sugar, cotton, leas, and other productions of the south, in exchange for the equivocal productions of this upper country.

Your memorialists, therefore, confidently trust, that when your honorable bodies consider the importance of the improvement proposed, and the small sum required for its accomplishment--when you advert to the fact that it is not a new and independent work, but a mere "extension of an improvement already in progress, to a higher practicable point-when you look to the mineral, manufacturing, and agricultural resources of the country through which it is to pass, and the immense and diffusive benefits it will confer on the country above and below, by facilitating the commerce, and cheapening the supply of important and indispensable articles to a great portion of the western states, you will not withhold the comparatively small amount required, from an overflowing treasury, for its accomplishment.

Mr. Craig offered the following resolutions, which were unanimously adopted

"Resolved, That the members of this Convention have viewed, with much gratification, the progress made towards the completion of the eastern section of the Chesapeake and Ohio canal; and that they do most ear. nestly pray that Congress will, during its ensuing session, make an appropriation for the commencement of the western section of this truly national work.

Resolved, That the members of Congress, from the different districts represented in this Convention, be requested to use their influence in favor of such appropriation."

On motion of Mr. Stewart, it was resolved that a copy of the proceedings of this Convention, and the memorial, be forwarded to the President of the United States,

you the result of the examination. If you think it will inform and entertain others, please place it in the Spy.

On adverting to the law on the subject of constitut ing Sheriffs, from the first settlement of Pennsylvania to the present day, we find, that

The Proprietor took as his guide when limiting the time a Sheriff was to hold his office, the English Statutes then in force. By the Charter of Privileges, granted by William Penn, October 1701, Section 3, the freemen in each county in Pennsylvania were au thorized to "choose a double number of persons to present to the Governor for Sheriff, to serve for three years if they so long behaved themselves well, one of which might be commissioned by the Governor, within three days after, and if not commissioned in that time, the first-named on the presentment should stand and serve for a limited time."

On the 12th of January, 1705, an act of the Provin cial Legislature was passed "For regulating the elec tions of Sheriffs and Coroners," containing,substantially the same provisions as the Charter, except as to the time the office was to be holden, which, by the act, was limited to one year. At this time so low was the responsibility of the Sheriff rated, that in Philadelphia county, he was to enter into recognizance for the faithful performance of his duty, in the sum of only £600, currency, and in Bucks and Chester, the only other coun ties in the then province, in the sum of $200 for each.

Nothing further occurred in legislation regarding the election of Sheriffs, until the act of the 14th February, 1729-30; into which the 20th Section was introduced, which is as follows: "For the more effectually preventing oppressions to his Majesty's subjects within this province, Be it further enacted, That no Sheriff with in this province shall continue in his office above three years; and no man, who hath been Sheriff or Under Sheriff of any county, by the space of three years, shall

be chosen Sheriff of that county again, within three years next ensuing, upon pain of forfeiting £200,by him who shall occupy his office, contrary to the effect and intent of this act." This act, neither in its letter or spirit, declares that a Sheriff, or Under Sherifi, who has been such for three preceding years, shall not be again eligible, and that his election shall be void, but lays those under a forfeiture of £200, who shall occupy the offices contrary to the intent and effect of the act. It is a penal act, subjecting certain persons to a penalty, and it is to be construed strictly. The Sheriff occupying the office under the circumstances specified in the law, was liable to the forfeiture and nothing more. The law did not declare the Under Sheriff ineligible by the people, for he had never been elected by them before nor has been since.

the stat. 3d, Geo. I. chap. xv. sect. 1, 10, 11, and who was to act as Sheriff in case of the death or inability of his principal. 2 Johns Rep. 73. It was this officer, strictly so called, and not a general deputy, that was intended by this act of 1729-30. Deputy Sheriffs in Pennsylvania, are the same officer as a Sheriff's General Bailiff in England, and not the officer known there as Under Sheriff. The Under Sheriff gave security to the King acd took a long special oath of office, before he could act.

Vide 6 Bac. Abr. 150, 151. An Under Sheriff has higher and different powers than a Deputy Sheriff, or a Deputy, as such, cannot make a Bailiff, nor assign a bail bond, nor make return to writs, as Under Sheriffs may do in England. 6 Bacon Abr. 154.

From the preceding we think it results, that the 20th section of the act of 1729-30, and the act explanatory That this was the construction of this section of the of it, passed in 1830 31, never applied to a Sheriff's law at this time, is to be inferred from this-that next Deputy or General Bailiff of the Sheriff, as created in year, 1730-51, an act was passed, explanatory of the Pennsylvania, but to an Under Sheriff, an officer well act of 1729-30; which declared that the election of a known to the English law in 1730; but who, since 1776, Sheriff or Under Sheriff should be null and void, which has not been appointed, commissioned sr sworn in Pennthere would have been no need of, if the act of sylvania, unper the stat. 3d, Geo. I. cap. xv. above 1729-30 had expressed the same thing. And even quoted. And also, that both those acts of Assembly if the 20th section of that act is in operation and effect, are repealed and superceded, first by the constitution the explanatory act being as we shall see annulled, it of 1776, and again, by the constitution of 1790; and cannot be so construed as to exclude a Deputy from therefore, that a Deputy Sheriff may be elected to the being elected Sheriff. This last mentioned act is in- office of High Sheriff, although he may have served cluded in the list of acts repealed and obsolete, inserted during the term of three years preceding such election.

in 1st Smith's laws 20.

But if the acts of 1729-30, and 1730-31, rendered the election of a Sheriff or his Deputy who had been in office three years absolutely void, both those acts have been superceded, abrogated and repealed, more than fifty years since.

A. B.


The 31st section of the third chapter of the Constitu- A further Ordinance for the Management of the Girard tion of Penusylvania, formed on the 28th September, 1776, made provisiou for the election of Sheriffs and


the duration of their office. This provision is incompa- Section 1. Be it ordained and enacted by the citizens tible with the 20th section of the law of 1729-30, and of Philadelphia, in Select and Common Councils assembeing paramount and superior to all legislative enact- bled, That the Ordinance passed the 15th day of Sepments, operated as a repeal of this act. This new con-ber, Anno Domini 1832, entitled "An Ordinance for stitutional regulation as to Sheriffs, recognized no disa- the Management of the Girard Trusts," except the 12th bility of a Deputy or Under Sheriff, as a consequence and 13th sections thereof, be, and the same is hereby of his term of service. This clause of the constitution repealed. contained all that was requisite to be guarded against on the subject of the election of Sheriffs, and this new enactment in its nature took place and superceded all preceding ones. By it the law of 1729-30, was annulled. The constitutional law of 1779 continued until 1790, when the existing constitution was adopted. The 6th article, section 1, contains the whole of the fundamental law regarding the election of Sheriffs, and directs that no person shall be twice chosen or appointed Sheriff, in any term of six years. The only person intended to be excluded from election was the Sheriff who had been in office three years, for if it had been intended to exclude his Deputy he would have been named. Eve. ry citizen has a right to be elected to and enjoy any office, unless he is excluded by the constitution of the Section 3. And be it further ordained and enacted by state, or a law made under and consistent with it. Nei- the authority aforesaid, That the said Agent, before ther can the right of a citizen who had been once a De-entering upon the duties of his said office, shall give puty Sheriff, to be elected to and enjoy the office of bond, with two sufficient sureties; approved by the Sheriff be taken away but by express words. It is an Mayor, to the Mayor, Aldermen and Citizens of Philainvaluable franchise of which he cannot be deprived, delphia, in the penal sum of fifteen thousand dollars, conby mere construction. "For preventing oppression to ditioned for the faithful performance of the duties of his Majesty's subjects," one hundred and three years his office. since, a legal provision excluding an Under Sheriff of Section 4. And be it further ordained and enacted by three years service from being chosen Sheriff of the the authority aforesaid, That immediately after the county, might have been expedient, but the republican passage of this ordinance, and annually thereafter, at makers of the constitution of 1776, and 1790, valued the first meeting of Councils, the Select and Common more highly, and treated more tenderly, the right of the citixen, who had been either a Deputy or Under Sheriff, and left him without restriction, and the people at liberty to make a High Sheriff of him, if they pleased.

Section 2. And be it further ordained and enacted by the authority aforesaid, That annually, at the time of choosing a Treasurer, as provided for in the said 12th section, the Select and Common Councils, in joint meeting, shall choose one suitable citizen of Philadelphia, to be Agent of the Girard Estates, and who shall not be a member of either Council, who shall continue in office until his successor is duly constituted, and whose especial duty it shall be to superintend all the real estate in the city and county of Philadelphia, devised to the city by the late Stephen Girard, and to collect the rents thereof, and to perform such other services appertaining thereto, as may be enjoined upon him by ordinance or resolution of Councils.

At the time of passing the law of 1729-30, there was an officer, known under the name of Under Sheriff of the county, who was appointed by special direction of


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Councils shall each choose, by ballot, four members of each Council, who, together with the Mayor of the city, shall constitute a Board of Commissioners of the Girard Estates, who shall meet once in each week, a majority of whom shall be a quorum, with authority to

See Reg. Vol, X. p. 190.

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