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introductory report to the code of prison discipline) crime, I could direct punishments as strongly as those calculated to produce reformation, wbich I hold to be a who entertain opinions different from mine. But I bemost essential object in any plan of criminal law. lieve convicts to be men, bad men, it is true, but bad

As opposed to this system I have ventured to propose from example, from poverty, from vice, from idleness, one based upon labour in seclusion; as a relief from se- from intemperance, from the indulgence of evil passions; clusion without labour; succeeded gradually by instruc- that there are not many who, by counteracting these tion, and labour in classified society; labour not co-er- causes, cannot be reclaimed; and that you do more ced, but granted as a favour; and instruction given as good, and save more expense to the state, and secure the the reward of industry and good conduct, not enforced safety of its citizens in a greater degree, by reforming as a task. You will have seen the details in my code of one of them, than by punishing and then releasing ten prison discipline. Whether your opinion and mine agree others. The punishment of these ten acts on their as to those details I know not, but I am sure we do in fears, and on those of others as an example; but so does the utility of seclusion accompanied by moral, religious the punishment by which you have reformed the one: and scientific instruction and useful manual labour. he will have no inclination to resume his inroads on so

I was myself deceived by supposing that the report ciety; the ten others will recur to theirs upon every oc-
of the Committee of the Senate had been adopted as casion on which they flatter themselves that it can be
the ground work of your penitentiary discipline, and done with impunity, and of all caloulations of false eco-
that absolute solitude without labour was to be substitu- nomy the greatest is that which considers tbe cost of re-
ted for your present plan. But your verbal explanations forming a prisoner as a useless expense. Discharging
have convinced me of my error, and I wonder exceed- an unreformed thief, is tantamount to authorizing a tax
ingly that those in your several instructive publications, of an unlimited amount to be raised on individuals. Cal-
have not also convinced others that the design of the culate the amount annually lost by theft alone, besides
new Philadelphia Penitentiary is not to inflict the dread the property destroyed by other offences; and you will
ful punishment of absolute solitude without labour and find it amounts to a much larger sum than the interest
without instruction. This hias been improperly assumed of all those which are required for your reformatory es-
in all the parallels between the Auburn discipline and tablishments, and this expense is borne by a few unfor-
that of your state; and discarding (as is very properly tunate individuals perlaps the least able to sustain it.
done) the discipline of the old penitentiary, the ques. Therefore it would be no false estimate (and I hope it is
tion has been argued as if the consequence of not taking not an irreverent one) to say that the interest and peace
the Auburn plan would be a resort to absolute solitude, of the dwellers upon earth, are promoted by the refor-
as a punishment. If this were the case, I should be in- mation of convicts in the same degree with the joy which
clined to adopt the former with all its inconveniences. as we are taught, is felt by the inhabitants of heaven on
But not believing this to be a necessary alternative, I the conversion of sinners. The numerous and highly
cannot but lament the efforts that are making to induce respectable advocates for the Auburn plan think that its
your legislature to abandon the experiment which your discipline joined to the many other advantages it is ac-
noble building is so well calculated for making with ef knowledged to possess is calculated to produce reforma-
fect. Your state has gone to great expense to solve by tion, and therefore very naturally urge its adoption by
experiment (the best of all means) the great questions, the other states; but if I might be permitted to judge,
whether convicts cannot, by a judicious treatment, be I should say that they urge it with rather too much of
reformed as well as punished by the same process; whe- the exclusive spirit that belongs to sectarian controversy.
ther they may not be made examples to follow in their That plan has done much. Why should they discou-
Fives after punishment, as they are examples to avoid in rage experiments founded on at least plausibie reasons,
their conduct preceding it. Whether the whip is the to do more; and why should they represent the one you
most proper instrument to inculcate lessons of religion, are about to try as a system of solitary imprisonment
morality, industry and science; and whether a man will without labour or instruction, which, unless I greatly
love labour the better for having been forced by the in- misunderstand it, is to combine both? But I find I am
Aiction or the fear of the lash to perform a certain quan- writing a treatise instead of a letter, the only object of
tity of it every day? Would it be wise to abandon this which when I began it was to press upon you earnestly
experiment at the very moment that you have incurred the importance of persevering in the plan of combining
all the expense it required, and overcome all the diffi- solitary imprisonment with instruction and labour (nei-
culties it at first presented? Besides, it seems to me ther of them coerced) as the modes which may most
that if I were a Pennsylvanian, without the fullest con- reasonably be expected to produce the end we have in
viction that the plan devised by Penn, and so success- view; and to keep social labour and social instruction in
fully executect in the State afterwards, was impractica classes, is a reward to stimulate to exertion and improve-
ble, I should never consent to abandon it for one founded ment.
on directly opposite principles. I shonld feel some I have now done, but it is "very stuif of the con-
State pride (and surely there can be no better founda- science” with me, never to write or speak on this sub-
tion on which to place it) in showing that as Pennsylva. ject without saying that whatever partial good you may
nia was the first to propose the system, so she would do by penitentiary punishments, nothing radically im.
have the credit of bringing it to perfection. I would portant can be effected, unless you begin (as the fairy
not be dazzled by the praise that has been bestowed on tale has it) at the beginning.' Force education upon
the Auburn plan, or debarred by the erroneous view the people, instead of forcing them to labour as pun-
that has been taken of your own; I would closely scru- islıment for crimes which the degradation of ignorance
tinize the former, to discover to what part its success is bias induced them to commit; teach religion and science
due; I would follow that, but would not copy those and a simple system of penal law in your primary schools;
parts which diverge from the principles on which all pe- adopt a system of penal procedure that shall be expedi-
nitentiary punishments ought to be founded. The se- tious, gratuitous, easily understood, and that shall banish
clusion by night, which Mr. Lynds introduced, was a all hope of escape from the defects of form, as well as
great step towards perfection; the indiscriminate asso- every vexation to the parties or the witnesses. Provide
ciation by day was a retrograde movement, the ill effects subsistence for the poor who cannot labour, and employ-
of which are partially counteracted by thu severe dis- ment for those who can. But above all do not force
cipline of personal chastisement by stripes, a practice those whom you are obliged to imprison before trial
more injurious than the evil it purports to correct. I be they innocent or guilty, into that contaminating so-
am not, in what I say to you and have published to the ciety from which, after they are found to be guilty, you
world on this subject, governed by any sickly feeling of arc so anxious to keep them. Remember that in Phila-
compassion for the sufferings of convicts. If I had delphia as well as in New York, more than two thou-
the powers, and thought them necessary to preveni sand five hundred are annually comunitted; of whom 108

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une fourth are found to be guilty; and that thus you surrounded. It is a reproach upon the Philadelphians, have introduced every year more than 1800 persons pre- that in general they know so little of the interior of the sumed to be innocent, into a school where every vice state; and this reproach is frequently made by intelliand every crime is taught by the ablest masters, and we gent men residing west of the mountains, without reshut our eyes to this enormous evil

, and inconsistently Hecting that the ignorance of our citizens on this intergo on preaching the necessity of seclusion and labeur, esting subject, is in a great degree attributable to those and industry after conviction, as if Penitentiaries were who make the complaint. At all events, they might the only places in which the contamination of evil so-throw much light upon the subject; but they hide their ciety were to be dreaded. Why will not Pennsylvania light under a bushel, and wonder that we do not see it. take the lead in perfecting the work she began; and in- If one or two competent men in each county, were to stead of patchwork legislation that can never be effec- go to the trouble of preparing a full description of their tual, establish a complete system, in which all the differ- respective counties, and publish the result of their reent but mutually dependant subjects of education, pau- scarches in the village papers, the information would be perism, penal law, and prison discipline should be em- eagerly copied into

the city prints, and by such means, braced?' I am preaching I know to the converted, when the evil complained of, would in a great degree be reI urge the consideration of these subjects upon you: but moved. Besides, such information would lead to emimutual exhortation is of service even between those who gration, and the consequent improvement of the state. think alike, and there is no cause to the success of Descriptions of the villages in paragraphs even as brief which I would more willingly devote my feeble talents as the following, would be acceptable to the Philadeland the exertions of my life, including as it does the phians. These remuks are extracted from a journal cause of religion, humanity and social order, than the kept during a journey into the interior last summer: one which forms the subject of this letter; there is none

Johnstown, in Cambria county, is about seven miles I am sure more interesting to you, and therefore I will from the base of the Allegheny mountain, at the juncmix with it no other than that of the high esteem with tion of Stony Creek and the Little Conemaugh, about which I am always, my dear sir, your friend and humble two hundred roods above the Connemaugh. The vilservant,

lage contains about two hundred inhabitants, and thirty EDW. LIVINGSTON. tenantable bouses, with out houses, two taverns, five ROBERTS Vaux, Esq.

stores, and one mill. A basin for the western division of

the Pennsylvania canal, it is supposed, will be made in We have frequently expressed our desire to be fur- the heart of the town, which has occasioned a rapid nished with information respecting the different portions laid out, on a plot of upwards of two hundred acres of

rise in the value of property. The town is regularly of the interior of the state; but have, excepting in one ground, completely surrounded by mountains. The or two instances, never received a communication upon water advantages are very considerable, affording a dithe subject. We are therefore happy to see the remarks rect communication with Pittsburg. contained in the following communication to the United

EBENSBURG, the county town of Cambria, is situated

on the Allegheny mountain, and commands a grand and States Gazette, and hope they will arrest the attention of extensive view of the surrounding country. It contains gentlemen of leisure and ability to communicate facts about thirty houses, two mceting houses, a third buildrespecting their immediate neighbourhoods.

Such in- ing, five taverns, seven stores, and a post officc; a handformation is very desirable to persons at a distance, and the state, but there is at present no teacher in it, as they

brick academy was built by an appropriation from can only be accurately obtained from those who reside are unable to fix upon a suitable person, the Welsh poin the districts described. In every town and county, pulation withing to have a North Britton, and the oppothere must be certainly some one capable of imparting sing party a preceptor who will teach the dead lan

which it must be allowed, are less understood on such information and having the leisure to do it. We the mountain, than the language of Fluellen. Religious have therefore been surprised at its being so generally prejudices, also, I understand, prevent an understandneglected—especially as most men feel some pride in ing on this subject. A new court house has been erect. exhibiting the advantages possessed by the section of ed, but not sooner than it was wanted. The courts have

been held for years in the second story of an old rickety country or town in which they reside. We hope that wooden building, the lower story being occupied as a hereafter we shall not have so much reason to complain jail. Some years ago a ludicrous circumstance took apon this subject. Communications inade to us, will be place in consequence of this proximity of the hall of recorded in a permanent form, and as soon as received. justice and the place of punishment. One of the inde

pendents of the mountain, attending court, became so PENNSYLVANIA TOWNS.

noisy that his conduct finally amounted to a contempt, and Judge Young, in order to maintain the dignity of

his station, found it necessary to commit him to prison, This state is characterized by its honesty and solidity, The unruly litigant was accordingly conducted from the and the plodding, straight-forward industry of the citi- upper apartment to that beneath, and justice again movzens. There is nothing now done upon fictitious capi-ed on without interruption. But this triumph was of tal, but all upon a solid foundation; consequently every short duration--for but a short time bad elapsed, when step we make, is so much gained; for we have no ap- the clamour made by the advocate addressing the jury, prehension of a retrogrado movement. The natural was drowned by a stentorian voice singing psalms beadvantages of the state are immense; and the improve- neath, A command was issued to silence the prisoner; ments in progress, will induce to their rapid and full de- but he was in a state to laugh at the order; he knew his velopement. True, we have nothing like the lake coun- hour, and determined to exercise it. He went further, try in the state of New York; but then we are exempt he hired a fellow prisoner to assist him in his devotions, from the destructive fevers that annually visit those sec- and together they sent forth such a discordant noise, that tions, which otherwise would be as delightful as the the judge, in self defence, was compelled to adjourn imagination could well conceive. Nearly one third of the court until the time for which he had committed the Pennsylvania is mountainous and broken land, which prisoner should expire. The new court house will preadds to the purity and salubrity of the atmosphere; and ( vent a recurrence of this novel case, which, though not it is remarkable that the fertility of the extended val- reported, is of quite as much consequence as many to leys with which this state abounds, is usually in propor- be found in the book, recorded with the opinions of the tion to the sterility of the mountains by which they are judges seriatim.



Phillips DCRG is a handsome village, in Clearfield Esbleman's falls, the approach to it is difficult, and that it county, on the Moshannon; it contains about forty hou has rarely been visited, except by the proprietor, an aged ses, three taverns, and two stores. Mr. Phillip's improve-man named Fales, lately deceased, who did not trouble ments on the property where he resides, on the border himself about grapes, either native or foreign; and of the village, are extensive and handsome. Jis screw merely used it as a place to turn young cattle upon in the factory, and other iron works, are in the vicinity of the summer season.

The sycamore,

of which it is tbe para

site, appears to be about forty years old, and the vine is BIRMINGJAJ is the name of a small village, on a rooted about thirty feet from the stem of the tree, under branch of the Juniata, above Hunting lon; it is built on a pile of drift rood, from which it runs along the ground, the side of a bill, and contains twenty seven dwelling in company with three other vines of the Fox, or chicken houses, five stores and two taverns. It is a thriving variety, apparently of the same age, and, interwoven, place, and considerable business is transacted in it. In climb the tree together. From appearances I should 1824, it contained but nine houses, and was incorpora- judge that the tree is not older than the vine-that the ted as a borough during the last session of the legisla- young sycamorc in its growth carried the vine with it. ture. There are different mills in the neighbourhood. At the period in which this vine must have taken root, A Baptist church is being built. A lead mine, near the foreign grapes were little known in the United States yillage, was worked upwards of twenty years ago. and then their cultivation was confined to the neighbor.

S. hood of the great Atlantic cities.

None of the foreign varieties we have seen, corre TIIE SUSQUEHANNA GRAPE.

spond in appearance with this fruit, for though the

wood and leaf of Miller's Burgundy are so similar, as About a year ago we obtained some cuttings of a scarcely to be distinguished apart, yet the bunches and grape vine which was discovered by Mr. Dininger, on fruit of that of the Susquehanna are much larger. an island in the Susquehanna, called Brushy Island. Of During the last season, the caterpillar was very nume: these cuttings we sent a few to Col. Carr, the proprie- rous and destructive, stripping the apple and pear, and tor of Bartram’s Botanic Garden, near Philadelphia, and attacking the vine, so as not only to destroy the leaf, but a few to the Messrs. Landreths. At the time, we gave in many cases injure the fruit; their ravages were a description of the fruit, from having seen a solitary chiefly confined to the foreign grape. In my garden, bunch, which excited considerable curiosity, and among the Isabella remained untouched, the Alexander was judges doubts of its being a native. The present sea-, touched but very slightly, while every leaf on the fine son, about the beginning of September, Mr. Dininger green grape of Provence, was devoured, and even the visited the island, and procured a basket full of the Powell grape suffered severely; yet Mr. Dininger asgrapes, fully ripe, which he brought to Lancaster, and sures me that when he was gathering the Susquehanna divided among liis friends. We are now, therefore, grape among the branches of the lofty sycamore, on enabled to speak more fully on the subject.

Brushy Island, last September, the tree was completely Brushy Island, upon which this vine was found, is un shorn by the caterpillars, but not a leaf of the vine was inhabited and uncultivated, the soil alluvial, and subject injured. to overflow. The vine runs upen a large Sycamore, Again--we have many stories related through the spreading through the top branches, to the height of country, by persons worthy of credit, of the delicious forty or fifty feet from the ground, and appears to have grapes found upon the islands of the Susquehanna. grown with the tree, the root being twenty or thirty Some described as white, some red, black, purple, &c. feet from the tree. The wood, leaf, and early shoots, without pulp, and all ripening in August and Septemvery much resemble what is here called Miller's Bur- ber. It was these reports, that urged several gentlegundy; and the fruit

, in colour and flavour, but in size men to the pursuit, which has been so far crowned with is much larger. It was observed, that the fruit obtained success, in the discovery of the kind I have described. in September, 1827, was a deep brown; that of the pre- I was one of several citizens who visited Brushy Island sent season, some were brown, and others a deep black in the autumn of 1827, and saw the vine, and from the The difference was accounted for by Mr. Dininger, who observations then made, and facts that have since come stated that the brown buncles were those that were to my knowlege, I have no doubt that there does exist shaded from the sun by the thick foliage of the tree; but in those islands a variety of grapes, equal for the table those exposed to the sun were black. Some of the or for wine, to any that have been imported; and that bunches procured this season were very fine, and set they are purely native. closely upon the stem--fruit, the size of the Powell From what I have said, it will be understood that I am grape, skin thin, no pulp, a sweet water, seed small, fa- of opinion, that we have native grapes, equal to the fovour equal to the celebrated Block l'rince, and not infe- reign in every respect, with this advantage, that being rior to any foreign grape, for the table.

indigenous, they are of a hardy nature, and do not suffer In a letter received from Col. Carr, on the subject of by our climate, nor so severely by our insects as those of tbc Susquehanna Grape, he expresses a doubt of its France or Italy. It will be asked, why have not these the leaf, and the fruit, from all that have been heretofore fine grapes been discovered sooner? To this I will andiscovered in our country. He concludes, by observing swer— They have been discovered, but not by persons that it may being a native; because it differs materially in who were aware of their value; and when described to the wool, be a hybrid, the seed being probably carried by those who were, doubts have arisen of the truth of the a bird; but if it be a seedling, it is naturalized to our cli- description; or upon examining the vines, the fruit, the mate, & therefore to be as much prized asifindigenous. only and best proof, which as a member of the bar would I believe it to be a truth, that no native grape was say, the rature of the case could admit

, had disappeared. previously found, inat did not possess a secondary skin, The cat-bird, is an excellent judge of the favour of the enclosing a stringy pnlp, and most of them possessing a grape, and the mocking-bil'd is as celebrated for its husky flavour, proving their atlinity to the Fox. But taste in fruit as in music. These warblers abound io because this one found on the

Susquehanna is an excep- the islands of the Susquehanna, build among the branchtion--because it possesses all the delicate sweetness, es of the vine, and contend with the pheasant, the tenderness of skin, and delicious flavour of the most es robbin, and the roving children of the neighbourhood, teemed exoties, we are not willing to concede that it is for the most delicious berries. Hence it is, that we not entitled to be classed ainong the native productions scarcely meet with the fruit in that state as to be able to of our soil.

judge of its value. If we arrive a few days before the In favour of its being purely of American Origin, we fruit is ripe, the taste refuses to detect its quality_if we will state, that the island on which it was found, has arrive a few days after, there is nothing left for us, but pever been inhabited; that lving immediately below the red, black, and white Fox, the sour chicken-disap

pointment—and a suspicion, that we have been impos- therein, interest to be calculated at and after the rate ed upon by idle tales.

of twenty per cent. per annum, from the time when Of the grape now discovered, we understand there such note, bill, check, or paper, was first issued; and are from two to three hundred plants in the possession that without any demand on the drawer or acceptor, or of different gentlemen in this neighbourhood, in vigor- any endorser or party to the same. ous growth, independent of those in the possession of

Sect. 6. And be it further enacted by the authorily Col. Carr- and the Messrs. Landreths, of Philadelphia. aforesaid, That in the trial or hearing of any suit or ac. I have a few, which I shall continue to nurse, from an tion, which may be brought on any such note, check, opinion that this kind will prove very valuable. Another bill, ticket, or paper, if the time when the same was year will afford a sufficieni foundation for a stock in the first issued shall not be clearly proven, then the same United States.--Lancaster Gazette.

shall be deemed and taken to have been first issued one

year before the bringing of such suit or action, and inSMALL NOTES.

terest shall be calculated thereon at the rate uf twenty

per cent. accordingly. The following law goes into operation on the first of

Sect. 7. And be it further ordained and enacted by January next, and merits the attention of those who tion of the act passed the eleventh day of April, eigh

the authority aforesaid, That so much of the fifth sechold small notes.

teen hundred and twenty-seven, entitled An act to estaAn act concerning small notes for payment of money, blish a bank in the county of Lebanon, and for other

passed at the last session of the Pennsylvania Legis- purposes, as prohibiting any bank incorporated by this lature.

commonwealth from receiving after the first of Septem

ber last, any notes of banks not authorised by the laws of Sect. 1. Be it enacted by the Senate and House of this state, of a lower denomination than five dollars, be, Representatives of the commonwealth of Pennsylvania and the same is hereby suspended until the first day of in general assembly met, and it is hereby enacted by January next, and it shall be the duty of the Secretary the authority of the same, That from and after the first of the Commonwealth to cause this act to be published day of January next, it shall not be lawful for any per- immediately after its passage, in at least one newspaper son or persons, or body corporate, with the intention to in each county in which a newspaper may be published, create or put into circulation, or continue the circulation, for the space of one month, immediately previous to a paper circulating medium, to issue, circulate, or di- the first day of January next, and to forward a copy of rectly or indirectly caused to be issued or circulated, the same to each of the prothonotaries of the respective any note, bill, check, ticket, or paper, purporting or courts in the respective counties of this commonwealth, evidencing, or intended to purport or evidence, that to be by him put up in his office, and to be read by him any sum less than five dollars will be paid to the order on the first and third days of each term, in open court of any person, or to any person receiving or holding for the ensuing year. such note, bill, check, ticket, or paper, or to be the

NER MIDDLESWARTH, bearer of the same, or that it will be received in pay

Speaker of the llouse of Representatives. ment of any debt or demand, or that the bearer of the

DANIEL STURGEON, same, or any person receiving or holding the same, will

Speaker of the Senate. be entitled to receive any goods or effects of the value Approved--the twelfth day of April, one thousand of any sum less than five dollars; and that from and after eight hundred and twenty-eight. the said first day of January next, it shall not be lawful

J. ANDREW SHULZE. for any person or persons, or body corporate, to make, issue, or pay away, pass, exchange, or transfer, or

LAW CASE. cause to be made, issued, paid away, passed, -exchang- Samuel Cook,

District Court. ed, transferred, any bank note, bill, ticket, or paper,

Present, Judge Coxe. purporting to be a bank note, or calculated to be circu- Thomas Taylor & Carson. S Nov. 20th, 1828. lated as a bank note, of any less denomination than five This was an action brought by Samuel Cook, a seadollars.

man belonging to the brig Mexico, against Thomas TaySect. 2. And be it further enacted by the authority lor, captain, and Carson, mate of said vessel, to aforesaid, That any and every person or persons and bo- recover damages for an assault and battery, and other dy corporates, offending against any of the provisions of grievances alleged to have been committed by the de. the first section of this act, shall forfeit and pay for every fendants upon the person of the plaintiff, in the month such offence, the sum of five dollars, to be recovered by of May, 1828. any person suing for the same, as debts of like amount The deposition given in evidence by the plaintiff, are by law recoverable, one-half for his own use, and stated that the defendants on the 20th May, at St. Thothe other half to be for the use of the overseers, guar mas, beat the plaintiff with hand-spikes, and afterwards dians, or directors of the poor, of the city, county, dis- lashed his feet to the deck, and his wrists to the rigging, trict, or township, within which such offence shall have in which situation he was kept two hours. Next mornbeen committed.

ing the mate ordered him to go to work, but he refused Sect. 3. And be it further enacted by the authority and complained that he was sick and stiff with the treataforesaid, Tha tno such note, bill, check, ticket, or pa- ment he had received. The mate beat him with a rope's per, mentioned in the first section of this act, shall be end, and by order of the captain went on shore for a held or taken to be void or of null effect by reason there-corporal and guard, and had him confined in prison from of, but all suits and actions may be brought and sustain- Friday to Sunday. The next day the vessel sailed for ed on such note, bill, check, ticket, or paper, and any Santa Cruz, where he deserted, was arrested, confined thing contained hereiu to the contrary notwithstand- in prison, and afterwards brought on board and lashed ing; and in such suits or actions, if the same shall be de- to the boom, with his hands tied above his head, for 7 termined in favour of the plaintiff', judgment shall be days, exposed to the weather, &c. rendered on the principal sum due on such note, bill, On behalf of the defendants it was proved, that the check, ticket, or paper, together with interest thereon, plaintiff refused to stand watch, and commenced the atat the rate hereinafter provided for; and full costs. tack upon the mate; and that on the morning following

Sect. 4. And be it further enacted by the authority he was very abusive and refractory. aforesaid, That any person or persons; or body corpo- Judge Coxe charged the jury in substance nearly as rate, who shall endorse, or in any way put his or their follows. name upon the same, shall be liable to pay to any holder The plaintiff has instituted this action to recover dathereof, together with the principal sum expressed mages from the captain and mate of the brig Mexico, fo

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an assault and battery, and imprisonment, which the 180,000 bushels of whext; 6,000 bushels of clover seed; plaintiff alledges were unjustifiable and cruel. There 1,000 barrels of whiskey. The whole quantity of iron &re certain situations in which man may place himself, and manufactured is about 800 tons, from which, if we de. may be placed by nature, which subjects him to differ- duct the home consumption, the balance will be a surent species of authority; than that, which we as citizens plus. are subjected to. By nature, as a child, under the authority of the parent, and as in this case, by himself, in bout 100,000 bushels of wheat; 950 barrels of whiskey;

Lycoming county sends annually to foreign market athe situation of a seaman; and shipped on board a vessel, 100 tons of pork, and a large quantity of lumber. where the master has powers, which necessity requires, he should possess, and he may inflict chastisement on Clearfield county spares annually about 3,000 bushels seamen for the safety of the vessel and preservation of of wheat; 100 tons of castings and pig iron; 2,000 tons discipline. Hence, the question for the jury to deter- of bituminous stone coal, and about 500,000 ft. of boards mine, is, are the defendants justified by any circumstan- and square timber. ces, and in the chastisement of the plaintiff, did they go

Columbia county esports annually about 100,000 bushbeyond the proper and reasonable limits prescribed by els of wheat; 5.000 bushels of clover seed; 3,000 barthe law? The jury will perceive that the authority of rels of whiskey; 250 tons of pork and a small amount the captain over his seamen, is similar in its character, of lumber. to that of a parent over his child, or a guardian over his war, and a master over his apprentice. As the class of Luzerne county spares a surplus annually of about individuals who are the particular subjects of the autho- 190,000 bushels of wheat; 1,000 barrels of pork; 500 rity of the captain, are more difficult to keep in order barrels of whiskey and 100,000 bushels of anthracite than those living constantly under the check of the laws coal. of the land, 1.beral construction is to be given to the

I have not been able to procure any account of the powers of the master; but if juries find that a captain surplus produce of the counties of Bradford and Susquehas stepped beyond the limits of his authority, and abus- hanna; but the quantity of wheat and lumber is consied the legitimate purposes for which it was vested in

derable. him, and even where an offence was originally committed by a seaman, and his punishment has been cruel and Tinga county spares annually about 10,000 bushels of excessive, a jury will say, the master shall be liable in wheat: a considerable quantity of other kinds of grain; damages to the party aggrieved. Yet on the other hand, pork and whiskey, and a large amount of lumber. The if the seaman has been refractory, disobedient, or struck manufacture of pot and pearl ash has been commenced the officer, juries will not be very nice in naming the and bids fair to be a source of profit. degree of punishment inflicted by the master on such

That portion of the state of New York, bordering offenders. ' In relation to the confinement of seamen in upon the Tioga river, spares annually a surplus of about foreign prisons, when seamen have been mutinous or 100,000 bushels of wheat, and a large quantity of lumdangerous, masters have considered themselves justified ber, &c. in imprisoning them. Though sometimes such measures lam not informed as to the surplus agricultural promay be necessary, it cannot always be regarded as jus ducts of that part of New York, bouncing the north tifiable, to determinc how far it might be considered so, east branch of the Susquehanna, but know it to be conthe original cause must be examined, and strong justify siderable, and the quantity of lumber immense. During ing proof will be required from a captain who has pur- the war, we received avoually about 12,000 tons of sued such a course. The cvidence in this case is all re- plaister, but the quantity is now reduced to 3,000 and duced to writing, by the consent of counsel; you will from 10 to 15,000 barrels of salt. have the depositions with you; in examining them, you In the above account no notice is taken of the agriwill consider the description of the persens who are cultural and other products of the counties of Perry, the witnesses. In this case, if the jury believe the testi. Millin and Huntingdon situate on the Juniata, nor of the mony of the cook, a shade is cast over the plaintif's case; counties of Cumberland, York, Dauphin, and Lancasfor if he first struck the mate, It is a material feature in ter, a considerable portion of which may be said to be the cause; but notwithstanding, if the jury think the de-on the Susquehanna, and to form a part of, and be deeply fendants treated the plaintiff' with a degree of severity interested in the Susquchanna trade. beyond the offence, or more than necessary for the pre- The above is exclusive of horses, cattle, sheep, hogs, servation of discipline, and the safety of the vessel, the butter, cheese, bees wax, maple sugar and a variety of defendants must answer in proportion to the extent in agricultural products. which they have oftended. It is very material to this cause, for the jury to determine who was the original

RECAPITULATION, aggressor; they must gather the truth, as well as they can, from the conflicting testimony.

Verdict for plaintiff, damages twenty-fire dollars.

Counsel for plaintiff, W. W. Haley, Esq.; for defendants G. W. Farquahar, Esq.







Union county.... 150,000 6000 2800 blls. 200 T
Northumberland. 190,000 3500


180 Four years ago, a gentleman well qualified for the Centre....... task, instituted inquiries for the purpose of ascertaining Lycoming...

180,000 5000 .,100,000

950 the extent of the descending trade of the Susquehanna. Clearfield.. ....3,000 The following was the result of the investigation. Columbia.. ..100,000 3000 3000 250 Union County sends annually to market a surplus of Luzerne... ..90,000

500 1000 bbl. about 150,000 bushels of wheat; 2,800 barrels of whis-Tioga..

10,000 key; 6,000 bushels of clover seed; 200 tons of pork, and a small quantity of lumber.

823,000 18,500 10,350 Northumberland county spares a surplus of about 190,000 bushels of wheat; 2,000 barrels of whiskey; 180 bituminous coal, and 100 tons of castings and pig iron.

Clearfield county, in addition, furnishes 2000 tons of tons of pork; 3,500 bushels of clover seed and a small Luzerne furnishes 100,000 bushels of anthracite coal. amount of lumber.

It is a fact well known along the river, that the Coal Centre county spares for foreign consumption about Mines of Luzerne county are worked much more ex

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