Imágenes de páginas




making a crop of corn, or residing on the land for one certificate, if there really was no settlement made by year before the 1st of January, 1778,” and that if he Arsken, bis improvements and peaceable possessions asserted himself as such to the commissioners, he was ought to prevail. guilty of misrepresentation and gross deception, which Whether the application of Husk, calls for the land would have been examinable by the chancellor of Virgi. with clearness and precision-whether it has been aban. nia, either as a fraud or trust. But on the face of the doned, or, the not obtaining a survey thereon, until certificate, it would rather appear, that Arsken did not 1783, can rationally be accounted for, under the circlaim under a settlement macle by himself, or others for cumstances of the country resulting from a conflict of him, but would avail himself of the improvement and jurisdictions, are matters of fact to be determined by settlement made by Provence in 1767.

the jury, but thereon the verdict ultimately depends. This was opposed by defendant's counsel, who con Verdict for the plaintiff. tended that the certificate was conclusive evidence of In the lessee of Thomas Jones, v. James Park and the facts which it contains, and cannot be contradicted Benjamin Kinsole, Alleghany, May, 1799, MSS. Reby any proof consistently with the solemn compact be- ports. The plaintiff claimed under a patent, dated in tween the two States. It must be considered as the 1785, and made a regular title under divers mesne conjudgment of a court of justice, acting on a subject with veyances, to 340 acres of land, the subject of controin its jurisdiction. The laws of Virginia must govern. versy. It must be presumed that the acts of the commissioners The defendant held under a certificate granted by were rightfully done, and that they did not exceed their the Virginia commissioners to Zadock Wright, on the authority. Their duty was to adjust the claims of set. 18th of February, 1783, stating that he was entitled to tlers, and it is absurd to suppose they would give a cer- 400 acres of land, at the mouth of Montour's run, in tificate to any one, without previously determining that Youghiogena county, to include his settlement made in he was a settler. If Provence intended to controvert 1772." the truth of the certificate, he might have prosecuted A witness proved, that in 1772, Zadock Wright had his claim by appeal to the general court before the 1st settled a traci at the mouih of Montour's run, different of December, 1780. In no other way could the certifi. from the lands in question. That John Westfall had cate be impugned. It is admitted that an elder, or settled another tract three-fourths of a mile above the prior right under Pennsylvania may be opposed to it, month thereof, and Abel Westfall one other tract bebut none such exists here. After the 1st of December, low its mouth; and that the title of Zadock Wright's 1780, the certificate could not be controverted in Vir tract, since became vested in Jeremiah Wright. On ginia, by the laws of that State; nor, in Pennsylvania, inspection of a diagram, which represented all the after the compact. Provence did not prosecute his tracts together, it was manifest that the terms of the right before the Virginia commissioners, nor by appeal Virginia certificate called for the lands held by Jere. to the general court, and he cannot set up a title under miah Wright. his improvement begun before the treaty at Fort Stan. It was then offered to prove that the Virginia certifi. wix, on the 4th of November, 1768.

cate was intended to protect and secure the improveBy the Court. Is a Virginia certificate undeniable ment of John Westfall, which was objected to, and evidence of the facts set forth in it? Or is it competent overruled. to a claimant under this State, to examine iso the me- Such tes’imony would render all property held unrits of such certificate? This is the mere abstract ques. der titles of this nature insecure. The terms of the tion, and in the determination thereof, we feel ourselves written paper must govern, and it is evident that the bound to pay the most sacred regard to the compact certificate was intended for the lands now occupied by between the two States.

Jeremiah Wriglit. Zadock Wright made his settlement We think the point has already been resolved in this there, at the mouth of Montour's run. We are no court, in Smith's lessee v. Brown, “between claimants strangers to the mode of procedure adopted by the Virunder Virginia, the certificate of the commissioners is ginia commissioners. They never granted two certificonclusive evidence, but not where one of the parties cates to the san.e person, unless he claimed one of the claims under Pennsylvania.” We apprehend this must tracts as assignce of some other, and in the case it was have been the clear intention of the contracting States. uniformly expressed in the certificate. Ilere it is not so A Pennsylvania claimant is at liberty to show fraud, expressed, and the consequence is obvious, that the mistake, or a trust. Suppose a certificate, stating a plaintiff is entitled to recover. Verdict for the plaintiff party to have made a settlement in a particular year, instanter.

Same judges. and it could be shown he did not come in from Europe The different laws of Virginia respecting military till after the 1st of January, 1778, and that a title under land warrants, and rights under the royal proclamation, this State did accrue before his arrival; what good rea- and the material parts of that proclamation, may be seen son can be assigned why these facts should not be re- in 3 Dallas 425, to 466, in Sim's lessee v. Irvine, stated ceived in evidence?

in the special verdict, in the circuit court, and decided The operation of the certificate necessarily must be, in the supreme court of the United States, on an ejectthat, prima facie, the facts contained in it shall be deem ment for Montour's island, in the Ohio river, founded ed true; but not undeniably so. But it has been on the right of major Douglass, located in May, 1780, said that Provence should liave gone before the Virgi- and on which the plaintiff recovered against a patent nia commissioners, or have appealed to the general granted to the defendant by act of September, 1783, court of that commonwealth. This cannot reasonably and in which those rights, and the construction of the be insisted on, as to a person asserting a different juris- agreement between the two States, came fully to the diction! Besides, how does it appear that he had no- view of the court. As the case could not be abstracted tice of Arsken's application for the certificate, or of its within a reasonable compass, without mutilating the being granted to him? This was res inter alios acta, and facts, and being in print, it is here referred to generally, a judgment affects only parties or privies.

See the royal proclamation at large, dated 7th of OctoOur opinion on the present point, is confined to the ber, 1763.' Council books, S. p. 427. defendant's Virginia title, The plaintiff sets up no claim The controversy respecting boundary between the under Virginia. The plaintiff' cannot found his preten. provinces of Pennsylvania and Maryland, was of early sions to the land under the laws or customs of Pennsyl- and long standing.' It was not rendered less difficult vania, by any improvements made thereon before the and tedious, by the situation of the parties; and even 4th of November, 1768. But here his settlement has after an agreement by the respective proprietaries to been continued peaceably down until 1783, when he adjust their limits, nearly thirty years were passed in was stripped of possession by a trick practised on his expensive litigation, before the controversy could be tenant. Opposed merely to the delendant's Virginia terminated. The history of this dispute and the records and papers respecting it, could not be brought within make a settlement, until his majesty's pleasure should the compass of a note. They would of themselves form be signified. a considerable volume. Extracts are, however, here In the third section of the agreement previous to the furnished, sufficient to give an understanding of the royal order of 25th of May, 1738, there is this clause: border titles. In any other point of view than as they “All lands in contest between the said proprietors, now affect the landed interest of the country, they have, possessed, by, or under either of them, shall remain in from the lapse of time, and a settled boundary, become possession as they now are, although beyond the temunimportant.

porary limits hereinafter mentioned. The respective By the charter, Mr. Penn's grant was to be bounded jurisdictions to continue over such lands until the final on the north by the beginning of the three and fortieth boundaries shall be settled, and the tenants of either degree of northern latitude, and on the south by a circle side not to attorn to each other, nor the respective prodrawn at twelve miles distance from New Castle north- prietaries to accept of such attornments” ward and westward, unto the beginning of the fortieth The king took the report of the committee of council degree of northern latitude, and then by a straight line into consideration, and approved of the agreement of westward, &c.

the proprietaries, and by the advice of his privy counThe lord Baltimore insisted that the whole fortieth cil, ordered the same to be carried into execution. degree of north latitude, was included in his charter, In the year 1739, the temporary line was rin between which was prior in point of time. Nir. Penn insisted the two provinces. that lord Baltimore was precluded by a recital in his

A suit'in chancery was depending for many years, charter, that the land was uncultivated and possessed upon a bill exhibited by the proprie taries of Pennsyl. by barbarians; whereas it was not so, but possessed by vania, against lord Baltimore, to obtain a specific exe-. Dutch and Swedes; and therefore the king was deceiv. cution of the agreement of 1732, which agreement was cil in his grant. The early part of this controversy, decreed to be carried into effect in the year 1750, and especially respecting the three lower counties, now after a bill of revivor and supplemental bill, the final state of Delaware, may be seen in the beginning of the agreement between the different proprietaries was exe, first volume of the votes of assembly. A principal dif. cuted on the 4th of July, 1765. ficulty was also made concerning the circle of twelye This agreement recites the original charters to lord miles to be drawn about New Castle, and the true situ- Baltimore and William

Penn, and the grants to and ation of Cape Henlopen.

from the duke of York, for the three lower counties, and In order to bring this dispute, which had been then from 1683, down to the present time, and many orders

that very long litigations and contests bad subsisted depending nearly fifty years, an agreement was entered into between Charles lord Baltimore, and John Penn, in council had been pronounced relative thereto. The Thomas Penn and Richard Penn, Esquires, May 10th, agreement of 10th of May, 1732, at full length. That 1732, which recited several matters as introductory to

the time being expired for completing the said articles, the stipulation between the parties, particularly the Charles, lord Baltimore, petitioned the king in council respective charters; and the title derived from James,

to confirm to him by another charter, the Peninsula duke of York, 1o the three lower counties by two feoff! granted to Cecilius, lord Baltimore, on the 8th of Auments, dated 24th of August, 1682. That several contro. gust, 1734, which was opposed by a counter petition versies had been between the parties concerning the by John, Thomas, and Richard Penn, on the 19th of boundaries arid limits of the two provinces, and three December, 1734, and upon references and report therelower counties. They then make a particular provision on, the king, on the 16th of May, 1735, ordered the for settling them by drawing part of a circle about the consideration of the report tɔ be adjourned, that Messrs. town of New Castle, and a line to ascertain the boun-1 Penn might proceed in equity. I'hat they petitioned daries, &c. and a provision in what manner that circle Chancery on the 21st of June 1735. It then recites the and line should be run and be drawn; commissioners proceedings in Chancery, and the decree of the lord were to be appointed for that purpose, who were to chancellor at large, that the agreement of 1732 should begin the work in the month of October following, and of commissioners in pursuance of the decree. The

be carried into specific execution. The appointment complete the same on or before the 25th of December, death of Charles, lord Baltimore, the proceedings in 1733.

In the eleventh section, a clause is inserted, quicting Chancery, upon a bill of revivor, and supplemental bill, the occupiers and possessors of iands held under the &c. And whereas the parties to these presents (Frede. respective proprietaries, on their attorning, and paying rick, lord Baltimore, and Thomas Penn, and Richard arrears of rent, duties, &c. to the said several proprie. Penn,) have come to an amicable agreement in manner taries.

as hereinafter mentioned. It then proceeds to describe November 24th, 1753, the commissioners on both and make provision for fixing the circle and running the sides reported, that having used their endeavors to line, &c. Then there is the following proviso, “That wards the execution of the articles of agreement, they nothing therein contained shall extend to the right of had respectively broken up, as they differed in running any grantee, or those claiming under him to any of the the circle from New Castle; the Pennsylvania commis. farms or lands in the actual possession and occupation sioners insisting that the circle should begin twelve of any tenant or occupier which have been at any time English statute miles from New Castle; and the Mary- and in any manner beretofore granted by or under the land commissioners insisting that the periphery of the authority of the said Frederick lord Baltimore, or by or circle to be run, should be iwelve miles, whose diame. under the authority of any of the ancestors of him the ter would be somewhat less than four miles from New said Frederick lord Baltimore; but that it shall and may Castle.

be lawful to all, and for all and every such tenants and Lord Hardwicke expressed great dissatisfaction with occupiers of the same premises, and every part thereof, the conduct of the Maryland commissioners, and said their and every of their heirs, executors, administrators, they behaved with great chicane in the points they in- and assigns, from time to time, and at all times hereafter, sisted on. 1 Vez. 455, Penn v. lord Baltimore.

to hold and enjoy the said farms, lands, tenements, and May 25th, 1738, the royal order issued, founded on thereof, for and during all and every such, their several

hereditaments, and every of them, and every part the agreement of the proprietaries of Pennsylvania and and respective estates, terms, and interests in the same, Maryland, before the committee of council.

and every of them, and every part thereof, subject neIt recites the first royal order made on the 13th of vertheless to and by, and under all anil every the same August, 1737, that, “the respective governors should quit rents

, reservations and services, to be from hencenot make gran's of any part of the lands in contest, nor forth paid, rendered, and performed to the proprietaries permit any person to settle there, or even attempt to of the said province of Pennsylvania, for the time being,




as they the said tenants and occupiers and every of them was given the many spectators in attendance, to exawere liable at the time of, and immediately before the mine the articles offered for exhibition; the committees execution of these presents, toʻ have paid, rendered, then proceeded to the discharge of their respective and performed to the proprietary of the said province duties. A close an impartial examination of the articles of Maryland, any thing herein before contained, to the before them was made by the committees and the fol. contrary in any wise notwithstanding."

owing award reported: “ Provided also, that it is hereby further declared and agreed,&c. That neither these presents, nor any clause,

Mr. Wolverton, for his stallion, Sanspareil,

$5 00 article or thing whatsoever therein contained, shall ex

Mr. Willets, for his stallion colt, Tartar, 2 00 tend or be deemed, construed or taken to extend to the

Mr. Carr, for the best breeding mare,

3 00 right of any grantee or grantees, or those claiming un. [The committee on horses reported, that of those exder them, to any the farms, lands, tenements or heredi- hibited on this occasion, there was none of such form, taments, situtate, lying and being on the east side of the size, and action, as to entitle them to particular notice.) river Susquehanna, and within the space or distance of one quarter of a mile more south than the east and

Maj. William A. Petrikin, of Muncy, for his west line mentioned in the sixth article of the said arti.

full.blood Durham Bull, Don Diego, $7 00 cles of agreement, of the 10th of May, 1732, and which [This truly noble animal was considered by the comhave been at any time, and in any manner heretofore mittee worthy of a much larger premium, had the state granted by or under the authority of the proprietaries of the society's fund been prosperous enough to war. of the said province of Pennsylvania, for the time be- rant the payment of adequate rewards. He is of the ing, and are now in the actual possession or occupation stock imported by Col. Powell, of Philadelphia county, of all, every, or any of the tenants or occupiers of the and is half-brother to the Bull purchased by Mr. Clay, said province lands, hereditaments and premises, but last fall.] that it shall and may be lawful to and for all and every such tenants and occupiers of the said last mentioned

Caspar Hartman, for a half-blood Durham lands and premises, and every part thereof, their and

Bull, (sired by Don Diego,)

$2 00 every of their heirs, executors, administrators and

Ephraim M'Collum, for a Cow and Calf 1 00 assigns, from time to time, and at all times hereafter, to

Alexander Fraser, for the best flock of sheep 3 00 hold and enjoy their said farms, lands, tenements and

do. do. for best specimen of hereditaments, and every of them, and every part there


3 00 of, for and during all and every 'their several and re

Orrin Sholes, for a Sideboard of superior spective estates, terms and interests in the same, and

workmanship and finish

2 00 every of them, and every part thereof, subject never

J. B. Hall & Co. for a very handsome and theless to, by and under all and every the same quit.

convenient Cooking Stove,cast and finish

ed at their establishment in Williamsport 5 00 rents, reservations and services to be from henceforth paid, rendered and performed to the proprietary of the [The same gentleman also exhibited a plough which said province of Maryland, for the time being, as they appeared to be a valuable addition to the implements of the said tenants and occupiers, and every of them, were agriculture, and would have entitled them to a premiliable at the time of, and immediately before the exe. um, had the funds of the society permitted.] cution of these presents, to have paid and rendered and performed to the proprietaries of the said province of

Joseph Crosley, of Danville, for a Shovel Pennsylvania, and any thing herein before contained to

and Tongs, of neat and substantial make, the contrary in anywise notwithstanding.'

and good polish

$1 50 Mason and Dixon's line was run in the year 1767,

Mrs. Tweed, of Milton, for a pair of Silk and 1768, and the agreement and proceedings thereon


5 00 were approved and ratified by the king, by his order [This beautiful testimonial of female industry and in council, on the 11th day of January, 1769, and the skill was wrought by Mrs. T. from material furnished proclamations of the respective proprietaries, to quiet by her own silkworms. They attracted general attenthe settlers, &c. were issued in 1774, that of Pennsyl- tivn, and elicited expressions of admiration from all who vania, bears date the 15th of September, 1774: council examined them.] Books, U, page 466.

William Dale, for Blankets

$100 The agreement of 1760, was inrolled in chancery, in England. The original is now deposited with the se. [The same gentleman also exhibited a specimen of cretary of the commonwealth.

excellent Cbcese from his own dairy. ] This original agreement was produced in evidence at

Mrs. S. W. Humphreys, for a Hearth Rug $2 00 Bedford, October, 1806, on the trial of Ross' lessee, v.

Martin M’Alister, of Danville, for a Beaver Cutshall, reported in 1 Binney, 399, and admitted after

Hat, of first material and elegant finish 2 00 argument, and decided to be proper evidence by the

Messrs. W. & R. Wilson, of Milton, for a supreme court, on an appeal, because it was an ancient

set of Gig Harness, of the best material, deed, ascertaining the boundaries of the then provinces

and of superior workmanship,

2 00 of Pennsylvania and Maryland, and may be considered

Moore & Stuart, of Danville, for a Coal and in the light of a state paper, well known to the courts of

Wood Franklin Stove,

3 00 justice, and which had been admitted in evidence on former occasions.

[This Stove was much admired, as well for its con(To be continued.)

venient construction as for the tasteful style of its orna-

B. W. Hyde, for specimens of Painting in
From the Muncy Telegraph.

imitation of Mahogany, Maple, Oak, &c. $2 00 FOURTH EXHIBITION OF THE UNION AGRI

[These imitations were so well done as to deceive CULTURAL SOCIETY.

many persons who examined them closely. ] On Tuesday, the 29th ult., The Union Agricultural Millard & Hunlock, for mixed Sattinet $1 00 Society held its Fourth Annual Exhibition at Danville, do. do. for black Broad Cloth 2 00 Columbia county. The court room was occupied as do. do.

for blue do. do. 2 00 the place of exhibition of Domestic Manufactures, and R. M'Cormick, for Carpeting

2 00 a lot adjacent to the village for the show of Live Stock, Miss Margaret Rogers, of Muncy,for a beauAfter the Constitution had been read, an opportunity tiful specimen of embroidery on satin, 1 00 Montgomery & Wagoner, for a piece of 7-8

Brown Cloth, fine and well manufactured, 1 00

READING, NOV. 5, 1833.
do. for blanketing, 1 50 | Amount of Stock paid in,

$300,360 00 Mr. Miller, of Danville, for a Rifle, of hand.

Contingent fund,

20,893 26 some workmanship, and ingeniously made

Amount of notes in circulation,

268,412 00 to shoot two loads out of the same harrel, 2 00 Due other Banks,

6,258 08 As deserving of notice, the committee mention seve. Due Commonwealth, (tax,)

Dividends unpaid,

19,347 43 ral remarkable productions of the past season, among Due Deposits,

1,239 78

132,430 94 which are the following. A number of very fine Carrots; Onions of a large size, raised from the seed by Mr.

$748,941 49 Matchem, of Danville; a specimen of Barley, by Mr. Gale; a Beet weighing 14% lbs. by Mr. Donaldson; a

Amount of bills discounted, Cabbage weighing 25 lbs,; and a specimen of a new

$496, 247 93 Bonds and Mortgages,

26,830 06 sort of potatoes recently introduced from Miami, Ohio, Real Estate,

7,896 11 by Col. Paxton, of Cattawissa.

Bank Stock, original cost, 106,644, 83,206 00 The following gentlemen were chosen officers of the

Due from other Banks,

29,720 44 society for the ensuing year:

Notes of other Banks,

10,950 00 President-CHARLES GALE.


94,010 95 Vice President-WILLIAM HAYES. Secretary-WILLIAM A. PETRIKIN.

$748,941 49 Assistant Secretary-JOSEPH PAXTON. Treasurer-WILLIAM TWEED.

Berks' Journal ♡ Milton was chosen for the place of holding the next Exhibition.

From the Philadelphia Gazette.


Thursday evening, Nov. 14, 1833.
The Philadelphia Baptist Association, held its 126th

SELECT COUNCIL. Anniversary, at the First Baptist Church, Spruce street, In the absence of the President, Mr. Groves was on the four first days of October. The Rev. Joseph H. called to the chair. Kennard, was chosen moderator, the Rev. Levi Tucker, clerk, and the Rev. D. A. Nicholas, assistant clerk. tees of Girard College, informing Councils that Mr.

The Chair presented a communication from the TrusThe introductory sermon was deliver d by the Rev, T. John Steele, late a member of the Board, has removed S. Jenkins. From the published minutes of the pro- his residence from the city. Laid on the table. ceedings of the body during the session, we condense the following table, showing the number of Churches

Mr. Meredith, presented a petition from sundry citi. attached to the Association, the names of their respec- the reception of lost children, to be constantly attended

zens, praying Councils to provide a suitable place for tive pastors, the number baptized during the past year, by a suitable agent. Referred to a special committee, and the total number of members. Churches. Pastors.

consisting of Messrs. Meredith and Price of the Select,

Bap. Total. and Messrs. White, and Darragh of the Common Coun. Great Valley, Rev. L. Fletcher,


cil. Brandy wine,

27 65 Montgomery, T. J. Robinson, 16

Mr. Worrell from the committee on Franklin and

W. Curtis,

Scott's Legacies, to whom was referred the petition of
Jas. B. Bowen, 12


Thomas McGrath, praying for the release of Richard First Church, Philad.

G. B. Perry,

28 209

G. Lanning, one of his sureties for money obtained
New Britain,
Jos. Matthias, 14 111

from the Franklin Legacy Fund, and the substitution of
Jos. Matthias, 5 113

Frantz G. Cope, Esq. reported in favour of the petition. Marcus Hook,

J. Walker,


Resolution adopted.

56 Roxborough,

D. S. Nicholas, 109 224 Mr. Price from the special committee, to whom the Second Church, Philada. T. J. Kitis, 29 431 subject had been referred, made report on the expediBlockley,

L. Tucker, 37 210 ency of consolidating the joint standing committees of Lower Merion,

H. G. Jones,


Councils, accompanied with two ordinances, entitled-
Third Church,Philada. Wm. E. Ashton, 62 294 " An Ordinance providing for the appointment of joint
First African, Philada. Jas. Barries, 10 66 Standing Committees, and "A further ordinance for
L. Providence,

J. S. Jenkins, 15 76 the management of the Girard Estates, and the Girard
New Market st. Philada. J. H. Kennard, 133 444 College."
Fifth Church, Philada.

J. L. Dagg;

55 440 The Chair, read a bill entiiled " An ordinance for the Goshen,

S. Siegfried, 11 48 improvement of Franklin square, providing for the Bethesda,

A. Collins,

15 29 erection of a substantial iron fence round said square, African Blockley, L. Stockley,

1 27 and appropriating the sum of $12,000 for the purpose. Central Church, Philada.

3 28 Laid on the table. Ridley, R. Compton,

31 Stroudsburg,

J. P. Thompson,
8 50

Union African,Philada.

Daniel Scott,

19 46 The Chair presented a communication from James N. Seventh st. Philada.

1 51 Hu!chinson, President of the Board of Prison Inspect. Glen Run,

E. M. Philipes, 51 74 ors, informing Councils of the resignation of Dr. R. M.
R. Gardiner,

29 Huston, as an Inspector of Prisons.-
Wm. Owen,

Mr. Kirk presented a petition praying that Ashton The next anniversary of the Association, will be held street, from Market to South, be graded and paved. in the Baptist Church in Lower Merion, on the first Referred to Paving Commiitee. Tuesday in October, 1334. The Rev. Jos, Matthias Mr. Gilder presented a petition praying for the pavwas appointed to preach the introductory sermon. Du. ing of Pine street from Broad to Schuylkili Front street. ring the meetings of the Association $132 13 were col. Referred to Paving Committee. lected for Missionary purposes.-U. S. Gazette.

Mr. Chandler presented a petition from Mary Magee

[ocr errors]




[ocr errors][ocr errors]





widow of Michael Magee, who died from wounds re adopted, and Judge King, with his usual promptness ceived by a late accident in the Girard College, praying and intelligence, at once introduced into his charge to that Councils will take some measures for her support. the grand jury, remarks and explanations instructive to Referred to Building Committee of Girard College. the magistrates, and calculated to prevent a continu.

Mr. Chandler presented a communication from the ance in the practice which was complained of.
Washington Monument committee, informing Councils
that they had agreed upon, and adopted a plan for the

Justices of the Peace and Aldermen possess an exWashington Monument, and asking the concurrence of tensive, but a limited jurisdiction. The nature of their Councils. The communication was referred to the com- authority is fixed by established principles, and does mittee on Washington Square, with directions to make not depend upon their own discretion. Their office is report for the action of Councils.

an important one, and the duties which it prescribes are Mr. Toland from the committee on accounts, report such as deeply concern the public. As there is no lied that they had examined the accounts of the City mit to the number of Justices, they are often multiplied Treasury, as submitted to them at the last meeting of to a degree which renders it improbable that all of them Councils, and find the same correct.

should possess unerring judgments, or extensive know. On motion of Mr. Chandler, a joint committee of which the whole Christian World hath not the like,

ledge. Sir Edward Coke remarks that it is an office of three members from each Council was appointed to superintend the distribution of wood to the poor, as de- if it be duly exercised.” The due exercise of the office, vised by sundry bequests to the city. Committee of law, and to well understood and approved usage. It

consists in a conformity to the plain principles of the Common Council

, Messrs. Chandler, Yarnall, and War would be contrary to both, for them to commit an indiCommittee of Select Council, Messrs. Wetherill, vidual to prison, or place him under any restraint whatWorrell, and Price.

ever, unless he is charged with a specific offence, or Mr. Yarnall from the committee on markets, to whom unless there is reason to suppose that he is about to the subject had been referred, reported in favor of the break the peace. In the former case, they either com. extension of the market house in High street, from mit him for trial, or (if the offence be within their own Delaware Eighth to Tenth streets. Resolution laid on cognizance as respects both the infliction of punishthe table.

ment, and the preliminary hearing) they judge of his The Ordinance providing for establishing a Preven- guilt, and pass upon him the sentence of condemnation. tive System of Police, on motion of Dr. Huston, was re- which is in such cases provided by statute. In the latter ferred again to the committee, with instructions to in case, they exercise the power of preventive justice, quire into what particulars the expense of carrying said which they enjoy as conservators of the peace, by comsystem into operation may be reduced, without injury pelling him to give security; and in the absence of such to its essential advantages.

security, and for the want of it merely, they commit The Ordinance entitled “A supplement to an Ordi- him to prison. Except in these instances, they have no nance providing for the management of the Wills' Hos. right to deprive any one of his liberty. When they pital, was taken up, amended and adopted.

exercise this power, it is done by means of a commitment, Councils met in joint meeting, for the purpose of

in which the offence ought to be stated with reasonaelecting a member of the Board of Prison Inspectors,

ble precision, or the commitment is irregular. to supply the vacancy occasioned by the resignation of the commitment, cannot agreeably to the constitution

A warrant of arrest, which for the most part precedes Dr. Huston. Sansom Perot, Esq. was chosen on the be issued, without “probable cause supported by oath first ballot.

or affirmation.” This "probable cause” is some act

which has been done or is apprehended, and it must From Poulson's American Daily Advertiser.

thus exist and be stated in order to authorize the warJUSTICES OF THE PEACE, &c.

rant. How then should the commitment, to which the

warrant is only preliminary,omit the "probable cause, The Philadelphia Society for Alleviating the Miseries or in other words, the offence which has occasioned it? of Public Prisons, have had occasion to lament the ir-If the commitment be vague orindescriptive of the crime, regularities which sometimes take place in the commit- the keeper of the prison could not return an adequate ment of prisoners. Justices of the Peace, in the exer- reason for the detention, in case a habeas corpus should cise of this highly important part of their jurisdiction, be issued by a judge; neither could the judge himself are apt, inadvertently, to overlook the course of pro- determine whether the matter was within the jurisdic. ceeding which ought to be pursued by them. Prisoners tion of the magistrate. Dalton (page 552) states that are often sent to gaol, without having their offences “The Justices of the Peace which shall send any pristated in the warrant of commitment, without having soner to the goal, ought to show in their mittimus the the time of their confinement specified, where it ought cause of the commitment, to the end it may appear , to be fixed, or without stating that the object is for whether such prisoner be bailable or no.” It is thus trial before the court having jurisdiction of the crime. clear, for various reasons, not less than from established Evils hence are produced which unnecessarily aggra- law, that the cause for the commitment should distinctvate the penalty of imprisonment. Not only is the peri- ly appear upon the face of it. od of confinement rendered vague, where by law it It may sometimes happen that the justice cannot comshould be fixed and certain, but it is made to depend in plete the examination at the return of a warrant, and a degree on the will of the magistrate. The evils allu- then he may direct the party to be detained in custody ded to have been greatly relieved by the benevolent until another opportunity. But the period of such de. attention of the Court of Quarter Sessions to the sub-tension must be reasonable. It was decided in one case ject. During the last summer, a list of prisoners was (Scavage vs. Tatebam, Cro. Eliz. 829,) that the time of examined every Wednesday, and such as had been in the detainer ought not to exceed three days. This, properly committed were promptly discharged. These however, might be governed by circumstances. discharges have amounted to as many as sixty-three in Where a person is charged with an indictable offence, a day. The Prison Society, considering the object en the magistrate, if he commit at all, must (except in the tirely within the scope of their association, resolved to case just alluded to of a postponed hearing) commit for place before the magistrates a brief exposition of the trial. In other cases he must commit for a specific time. law connected with this important matter. They there. These other cases are such as the law has placed either fore procured the opinion of their counsel, which is entirely within his own discretion, (as for "profane published below. The suggestion of an application to swearing," "drunkenness," and "breach of the Lord's the Presiding Judges of the Criminal Courts has been 1 day," where he inflicts a fine, and if necessary sends

« AnteriorContinuar »