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430

IMPROVEMENT FUND.

(DECEMBER

mer laws was continued. The Act of 13th March, / sioners made direct payments, and as the act of 30th 1830, uses the expression “to be applied as directed by of March last, prescribed no other mode, the Commis. law," and the ac: of 21st March, 1831, is silent on the sioners considered themselves bound by the then ex. subject.

isting practice. The same reason did not apply to the With regard to the payment of damages the several other purposes of the act.—Damages are classed acis of Assembly are equally explicit in making it the among repairs, and the construction of a towing path duty of the Canal Commissioners, or their subordinate along the foot of the Nanticoke dam. The impossibiliofficers. The first act on this subject was passed on ty of the Commissioners of the fund, directly disburs. the 25th February, 1826.- The Sth section of that act, ing money for these latter objects, must be evident at after prescribing the mode in which damages shall be first sight, and the act makes no distinction in favour of ascertained, directs that they shall be paid by the Board damages. of Canal Commissioners. The Acts of 10th April, Independent of the positive provisions of law, the 1826, authorises the canal commissioners to take acquit Commissioners of the fund would remark, that many tances or releases for any claims to damagesThe 8th difficulties and inconveniences must arise from direct section of the act of 9th April, 1827, provides a mode payments out of their treasury. Each of the members of assessing damages, and directs that 'the acting ca- comprising the board have to attend, to the duties of nal commissioner shal' and he is hereby required to pay their several offices, and those duties generally are suf. to the said petitioner the full amount of damages and ficient to occupy the greater portion of their time ; but costs assessed as aforesaid,” which has been transferred if other powers be superadded, particularly the direct to superintendants by the act of 6th April, 1830. The disbursements of money, in all probability the Commis. act of 16th April, 1831, requires the canal commission. sioners will be overburthened with business, and unable ers to report to the Legislature the amount paid for to discharge the functions of their offices, either with damages.-The 8th section of the act of 24th March, satisfaction to themselves or to the community. They 1828, requires the canal commissioners to take acquit would further observe, that no advantage could possitances for damages. In addition to these positive pro- bly arise by constituting them disbursing officers. visions, the 13th section of the last mentioned act clear- Agents of the Canal Commissioners are placed, on all ly shows that the Legislature never intended that the the lines of Canal, who give security to the Common. commissioners of the fund should be disbursing officers. wealth, for the faithful performance of their duty, and The 2d section of the act of 16th April, 1927, inadver. who have personal cognizance of matters, requiring the tently bad directed the salaries of Engineers and others disbursement of money. These agents can bestow to be paid by the treasurer of the internal improvement their time and attention on matters entrusted to their fund, instead of the treasurer of the Board of canal superintendance, with advantage to the Commonwealth, commissioners, but the 13th section of the act of 24th and with satisfaction to the individuals, who have claims March, 1828, corrected the error, and directed that for damages, arising from the construction of the Ca. the amount so paid should be refunded to the commis- nal. The Commissioners therefore hope, that no altersioners of the internal improvement fund.

ations will be made in the existing laws relative to the If any doubt could exist, after the provisions of these Improvement fund. several acts, relative to the proper authority for the Very respectfully, Yours, &c. payment of damages, it must be removed by the act of

SAMUEL McKEAN, 6th April, 1830, which is very positive on the subject.

DANIEL STUZGEON, The 5th section of that act directs the Canal Commis

A. MAHON, Commissioners. sioners, to ascertain the amount of damages, and to make an offer of such sums to the persons aggrieved,

DIED. as they shall think reasonable; and in case of non-acceptance, the 6th section creates a board of appraisers, November, ABRAHAM Pike, aged 87. The deceased

In Lebman, Luzerne county, Pa. on Friday, the 11th to whom the matter shall be submitted, and whose de. cision shall be final. The board of appraisers are

was among the first settlere of the Valley of Wyoming, required to make a record of their proceedings, a copy ries and Indians, and narrowly made his escape, after

and was in the memorable battle of 1778, with the Toof which shall be delivered to the board of Canal Com. missioners, “ to be by them carried into effect according to being wounded, by swimming down the river 3 miles law." This is a positive injunction, on the Canal Com.

to Forty-fort, where he was taken into the fort by his missioners, to pay all damages, and the act of 30th companions who had survived the general massacre. March, 1831, contains no provision which by any rule He was captured by a party of ten Indians, in March of construction, would operate to change the practice. 1779, together with two men and a boy, and was taken This last mentioned act vests in the Commissioners of up the Susquehanna about 60 miles, where the Inthe Internal Improvement fund, the sum of $300,000, dians first halted and encamped for the night; the pristo be by them applied to the purposes described, with placed between two large Indians, and as soon as be

oners were secured by the savages, and Pike was out specifying any particular mode. red that the legislature intended that it should be found they were asleep, he cautiously arose and unapplied in the manner prescribed by the act of 6th loosed his companions, made a simultaneous attack on April

, 1850, and it was so applied. The sum of $290,- / the savages, and left seven of them dead on the ground. 000 as before stated, was paid over to the Canal Com. They then collected what provisions they could and missioners on Governor's warrants, as directed by law, returned to the Valley, after experiencing all the hard. to defray the expenses of the different objects contem? ships incident to the season. Since that time until his plated by the act; and it is presumed their report to death, he has resided in the Valley, celebrated for his the Legislature will contain a detailed statement of heroic deeds, and respected for his sincere attachment

to his country. -[Communicated for the Susquebann amount paid for damages.

Democrat. Taking all these things into view, the commissioners of the fund, did not consider themselves as directly disbursing officers, for any of the purposes mentioned

* Mouth of Meshoppen creck, 40 miles from Wilkes

barre. in the act of 30th March, 1831, with the exception of the salaries of Toll-collectors and lock.keepers. The I knew “OLD PIKE,” as he was called, well. I wonresolution of the 8th of January, 1830, made it the du- der how he lived so long. For many years that I was ty of the commissioners of the fund, “to pay the sala- acquainted with him he never was sober one minute ries of collectors and lock keepers, on the Pennsylvania longer than he could get liquor enough to stupify himCanal, out of the moneys arising from the tolls collect- self. He was doubtless brave as a total absence of fear ed on said canal.” Under this resolution the commis could make a man. Several times he came to me to

1831)

BANK OF U, STATES.

431

Wood Lawx, 5th Dec. 1831. to be indefensible. It does seem to me, that the words DEAR SIR-Your friendly letter on the subject of “necessary and proper" cannot exclude a law that is the Bank of the United States, has been received by most proper to carry the power into effect. Yet the the course of mail. The opinion which I formed of unconstitutionality of the bank can be pronounced onthe constitutionality and expediency of the Bank of ly upon that construction. It does appear to me that the United States when I was a member of the Se- the framers of the constitution never could have intendnate, was the result of a careful examination of the ed to exclude the passage of a law most proper to carry constitution of the United States, made without any a power into effect, because it might be carried imperpreconceived opinions. That opinion is recorded in fectly into effect by another law. My construction of two speeches which I made in the Senate in the year the grant of power to pass all laws which may be neces1811. Since that time I had no occasion of reviewing sary to carry the enumerated powers into effect, includes the question. My opinion remains unaltered. I was the power to pass all laws which are necessary and Secretary of the Treasury more than eight years, and proper to carry the enumerated powers into effect in during that time I had ample evidence of the great util- ihe most perfect and complete manner, and not in an ity of the Bank of the United States, in managing the incomplete and imperfect manner. fiscal concerns of the Union.

I have not seen a complete developement of the I am persuaded than no man, whatever bis precon- President's plan of a Bank." It is possible that by his ceived opinions may be, can preside over the Treasury plan the transmission of the revenue may be effected, one year, without being deeply impressed with the ex- but the safety of the public deposits cannot be effected pediency of the Bank of the United States, in conduc- by the President's plan. The advantage of this secuting the finances of the Union. The provision in the rity to the public is incalculable. It ought not to be constitution which gives Congress the power to pass all relinquished, unless it can be satisfactorily. proved that laws which may be necessary and proper to carry into the Bank of the United States is unconstitutional. effect the enumerated powers; gives Congress the right This I think, cannot be satisfactorily shown. My to pass the Bank bill, unless a law most proper to carry speeches are recorded and can be re.published if neces. into effect, the power to collect and distribute revenue, sary. They contain the result of the best investigation should be excluded by that provision. The opponents I was able to give the subject. I am persuaded I could of the constitutionality of the Bank, place great stress not improve upon it now, if I had the means of investiupon the word necessary, contained in the grant of gating the subject, which I have not. power, and insist that no law can be necessary, but

I am, Sir, your friend, &c. such, that without which the power could not be car

WM. H, CRAWFORD. ried into effect. Now this construction appears to me

CHARLES JARED INGERSOLL, Esq. relate his adventures, which I was to minute down for publication : But he could remember nothing till be

THE REGISTER. got “in each cheek a highland gill," and then he be

DECEMBER 31, 1831. came so noisy and obstreperous it was impossible to make out a connected story, Pike was born in Ireland, and came with the British

During the late severe season, an unusual number of army a soldier, to Boston, at the beginning of the Re-aged and respectable citizens have been removed by volutionary war.

His brother was in the same regi. ment. The dog of an officer attacked his brother, death-among the most prominent of these was Ste. who in self defence struck him; when the enraged phen Girard Esq. Banker and Merchant-and probably officer nade some threat which was answered by a the most wealthy individual in the United States. Much passionate declaration that he would kill bis dog and anxiety has been manifested, to ascertain the mode in him too if they attacked him. For this a Court Martial awarded the poor fellow 600 lashes, under the in which he has disposed of his immense property, but as Aliction of which he died. Pike swore vengeance, if the will has not yet been made public, we deem it use. in his power; but no opportunity presenting, he desert, less to record the numerous reports in circulation-it is ed, and fixed himself at Wyoming, where he performed generally, however, understood, that the city and pub. the deeds related by the paragraph above. He told me the whole band, and prisoners, overcome

lic institutions, will receive a large portion of it. with fatigue, had sunk into sleep, except the old In His funeral was attended yesterday, by an immense dian who kept guard. He sat, his back towards Pike, concourse of citizens, and different societies. We sub. on a log, hovering over the fire, nodding, yet holding join a short sketch of this distinguished individual, from in his hand a deer's head, which he had been picking - the Pennsylvania Whig, also the proceedings of the Loosening bimself, Pike seized the old man's spear, and thrust it through him. He gave one deep groan Select and Common Councils. and fell into the fire. Springing then to his companions His remains were interred in the burial ground of the he cut their fastnings—seized the guns and put them Trinity Church, N. W. corner of Sixth and Spruce sts. aside-and tomahawked two Indians before the others became aroused to their danger. All this was the work

MR. GIRARD. of a minute. One of his companions instead of aiding, We find, in the Pennsylvania Whig of Wednesday, half dead with affright, remained on his knees praying the subjoined particulars of the life and character of Several of the Indians were killed and others wounded. the late Stephen Girard. Finding their arms gone they fled. One, many years “Mr. Girard commenced with small beginnings.' At afterwards, was seen by the late Judge Hollenback, in first a cabin boy; then a mate of a ship; then keeper of the Genessee country, who spoke of the affair, and a small tap shop, where he retailed drams and segars; showed the scar of a desperate wound he had received he successively rose to the rank of the first merchant, on the neck. Another, badly wounded perished in the and the most opulent banker in the country. 'Industry wilderness. I think but two escaped, and Pik came and frugality,' was his motto; business was with him a into the settlement with the arms of the enemy as his passion; and like all who devote themselves with enthutrophies. Every body, of course, liked to hear him siasm to any pursuit, he was gifted with genius for his teli his story and to treat him. A sounder headed man profession. might have been overthrown by so much flattery and “At the time, or rather just prior to the expiration of whiskey as were voluntarily proffered to "OLD PIKE the charter of the old bank of 'United States, 1811, Mr. TA2 INDIAN KILLER.”—Village Record.

Girard bad instructed Barings to purchase for him

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MISCELLANEOUS.

432

(DECEMBER

$1,200,000 worth of its stock;and with this le commenc tion. Above all men most able to revel in luxury, or ed banking under the superintendence of the late Geo. to roll in a splendid equipage, he fared at all times Simpson, the Cashier of that institution, to whom he alike, and within a few days of his death, role in the confided its transactions, This was in 1812, since style of a plain farmer, rather than that of a rich bank. which bis bank capital has increased to five millions." er, lie was a devoted friend to those principles of civil “Mr, Girard was in the 84110 year of his age, accord and religious liberty, which form the basis of the poli

. -ing to his ow'n account, given to the father of the editor tical fabric of his adopted country; and when in the of this paper.”

course of the last war the credit of that country was “Mri Girard was a native of Bordeaux, in France, impaired, he mainly contributed to arrest the threatened where he has still living, we believe, a brother and sister. consequences: To say all this is but to aver what all He has three nieces inarried in this city, and several those of mature age in this city must know or have nephews likewise.

heard. “In the Yellow Fever in 1793, Mr. Girard was distin. Resolved, that the Clerks of the Councils be and guished for his active benevolence at the Bush Hill they are hereby instructed to cause the respective halls Hospital, in ministering to the sick, and devising plans to be hung with mourning, as a mark of respect to the for the prevention and restriction of contagion.

memory of STEPHEN GINARD, Esq. “We understand the business of Mr. Girard will suf COMMON COUNCIL.-MR. MURRAY offered the fer no interruption by his death; that his Bank will con annexed preamble and resolution, which were agreed tinue its operations; and his buildings on his Market. 10. street Square progress to an imposing, elegant and

Philadelphia, Dec. 29th 1831. useful completion.

Whereas, in the death of STEPHEN GIRARD, Esq. “The habits of Mr. Girard were exclusively those of the city of Philadelphia has sustained the loss of one the man of business. He had no pleasures, but in the of its most distinguished and useful citizens, to whose performance of active duties, always to be found busy public spirit and enlarged views during a long life, this in his compting room, or bustling on his farın, for he community is deeply indebted for many and important was also fond of Agriculture; feeding his own catile, public benefits. curing his own beef, and even bestowing his altention Therefore resolved, That as a mark of the respect on the culture of a vegetable garden, the produce of and consideration entertained for the memory of this which he caused to be taken to market. His fruits and public benefactor, the members of Councils will meet his flowers were also of the most choice kind. But in at the Council Chamber, at 10 o'clock, on Friday morn. his hands, for his was the touch of Midas, every thing ing, the 30th inst. and from thence proceed as a body was turned into gold; and fruits, flowers, vegetables, to a:tend the funeral of our deeply lamented and dis. ships, houses, lnts, Bank, and all, contributed in the tinguished fellow citizen. end, to pour millions in his lar. Like all men of im The different plans and estimates relative to W'ILLS' mense wealtlı, it was his peculiar delight, to cast bis Hospital, were referred to the Committee on that subeyes over the aggregate of bis millions. But he took ject, with directions to report which in their estimation most pleasure in adding liouse to house, lot to lot, until is the most worthy of the first premium, and ibat which he could count his squares of buildings, and found it deserves the second premium offered by these bodies. impossible to count the number of his deeds, parch.

Councils adjourned to meet on Saturday evening ments and warrants. To the Schuylkill Navigation next.-Phila. Gaz. Company he was an efficient friend, in ihe hour of need as well as to the Chesapeake Canal Co. and other pub.

Another public

loss lias likewise been sustained lic works of vast importance, and lasting utility.”

during the present week, in the death of the Rer. Thursday Afternoon, Dec. 29, 1831, Joseplı Sanford, Pastor of the Second Presbyterian,

Church, On Wednesday, notwithstanding the snow

storm at the time, his funeral was very numerously SELECT COUNCIL.-MR. Duane offered the fol. lowing preamble and resolutions, which were unani- attended, by the members of his congregation and othmously adopted, and subsequently unanimously adopt. ers. His remains were conveyed to the church of which ed by the Common Council.

he was lately pastor, where, a funeral sermon was deliv. The members of the Select and Common Councils,

ered by the Rev. Dr. McAuley. An interesting sketch of the city of Philadelphia, learn with deep sorrow, that their venerable and esteemeil fellow citizen, STE

was given of the life and labours of the deceased, whichi, PHEN GIRARD, bas departed forever from the scene (or some other) account of this excellent man, we hope uf his long and memorable usefulness: Contemplating hereafter to record. His body was then conveyed to the humility of his origin, and contrasting therewith the burial ground in Arch st. and interred in the family the ultimate variety and extent of bis wealth and works, the mind is filled with admiration of the man, and pio- vault of one of the elders of the church. foundly impressed with the value of his example. Numerous and solid as the edifices are, which he con.

The present number, with the Index which accom. structed in the city and precincts of Philadelphia, they panies it, closes the 8th volume of the Register-and will constitute but a transitory record of what he was, i completes the fourth year of our editorial career. Were when compared with the moral influence that must it in our power to say that the encouragement afforded, arise from a knowlerige of the merits and means, by which he acquireel his immense estate. Those merit kept pace with the rapidity with which our pages accuard means were probity of the strictest kind, diligence mulale, we should feel, upon approaching the labours unsurpassed, perseverance in all pursuits, and a frugali- of a new volume-much invigorated. One more appeal ty as remote from parsimony as from extravagance.

to the public, would we make-upon its success will The goodness of his heart was not manifested by osten. tatious subscriptions or loud professions--but when depend the continuance of the Register, beyond the pestilence stalked abroad, Siephen Girard risked his period to be embraced in the volume, upon which we life to preserve from its ravages the most humble of his propose to enter, the ensuing week. We respectfully fellow creatures; and whenever sorrow, unaccompanied invite subscriptions. The previous 8 volumes can still by immorality, approached his door, it was thrown wide open: his person, his babits, and his home evinced his be furnished, either bound, or in numbers. Price of love of what was simple, and his disregard of ostenta-| the former $3 per vol of the latter $5 per annum.

SPECIAL MEETING.

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