5747 3196 NOTES. Letters were addressed by the committee to all the Prothonotaries, Recorders and Sheriffs in the state, but answers have not been received from all. The information received from the recorders, was not considered as having any immediate bearing upon the objects of the inquiry. The returns of the sheriff's sales made by the prothonotaries is admitted by most of them to be very imperfect, inasmuch as no account had been rendered by the Sheriffs generally, for the latter part of the year 1819. The above estimates excepting in three small counties, do not comprise the transcripts made from the dockets of justices of the peace, the relative number of which in the years 1809 and 1819, may be conjectured from the following statement, which includes all the returns that the committee have received upon this subject. 1809. 1819. York, Allegheny Bank, Germantown, Farmers' Bk Lancast'r Office of Discount and Deposit of the State Bank at Monongahela, Camden, New Jersey. Youghagany Bank of Perryopolis. North Western Bank Union Bank, Northumb. Un. &Col. Bucks county Bank,| Fr& MecBkPittsburg Greencastle 54 pr pr pr par 910 6 321 33 4 3 10 9 6 54 pr pr pr par 10 9 63123 3 4 4 3 P prpr 54 pr pr pr par 10 9 634 21 10 4 40 10 9 6 54 1015 50 45 10 9pr 54 10 pr 23 21 10 9 6 54 10 15 50 40 prpr 6 54 pr pr pr par pr'pr 6 54 pr pr pr par 9 6 54 10,15,60 50 6 pr 5 4 54 101530 25 6 54 10 15 15 12 6 54 101550 35 50 60 50 50 530 20 10 9 6 53 10 9 6 54 10 9 6 54 10 9 6 54 10 9 634 10 9 6 52 2 George Creek Trading Company. The Columbia Bridge Company. The Greensburg and Pittsburg Turnpike Road Co. The Greensburg and Stoystown do do The Somerset and Mount Pleasant do do The Pittsburg & New Alexandria do do The New Alexandria & Conemaugh do do prpr par 10 50 40 1580 50 35 prprpr 54 prp par 10 9 62232250 40 do Montgomery Bank, Silver Lake Bank, Specie (American) 5 17 13 7 NOTE -No regular quotations were made in Grotjan's price current, of the market price of bank notes, prior to 1816. (To be continued.) Vol. IV. LAW CASE. Liability of Constables in neglecting to return executions within the time prescribed by Law: Campbell for plaintiff, Perkins for defendant. JOHN AMEY, vs. ISAAC P. KENNEDY, defence has endeavoured to establish that Kennedy, the defendant, did not return his execution in consequence of the request of the plaintiff, and in doing so has exhibited a case, which if established, is "sufficient cause" for not rendering judgment against a constable, who Common Pleas, June term, 1828. postponed returning his execution in consequence of No. 165. Opinion of the Court delivered by KING, President. The question involved in this case is whether a Constable who does not make return of an execution in the manner, and within the time prescribed by the 12th section of the act of March, 1810, is answerable to the plaintiff for the full amount of the debt and costs; or whether it is competent for him on the return of a sum mons against him as is prescribed by law, to show that he could not find goods of the defendant to the amount of the judgment and costs, in discharge of his liability under the execution. The plaintiff contends that if a constable does not make return of his execution to the justice on or before the return day thereof, he is absolutely fixed for the debt and costs; while the defendant's argument maintains that although no return is made of the execution within the period designated by law, yet that the constable is responsible to the plaintiff in the execution for no more than he has actually received, or could have received by due diligence from the defendant. The right of the plaintiff in this action to recover depends of course exclusively on the legal correctness of the position he has assumed. The point is not without difficulty, but the judgment of the court is with the plaintiff. The 12th section of the act of March, 1810, Purd. 455, directs "that on the delivery of an execution to a constable an account shall be stated in the docket of the justice, and also on the back of the execution of the debt, interest and costs; from which the constable shall not be discharged, but by producing to the justice, "on or before the return day of the execution," the receipt of the plaintif or such other return as may be sufficient in law." In case of a false return, or in case he does not produce the plain tiff's receipt on the return day, or make such other return as may be deemed sufficient by the justice, the latter is directed to issue a summons against him, commanding him to appear on a day mentioned in the summons, to show cause why an execution should not issue against him for the amount of the execution with cost. such a request. Many more may be imagined; and it is to such, that part of the 12th section refers, which supposes that the constable may shew "sufficient cause why execution should not issue against him" for default in making legal return. Where, however, the case occurs of a total neglect or refusal on the part of a constable, to make return of his execution, to which the plaintiff has in no respect contributed; then and in that case, it is my opinion that he cannot either before the justice or the return of the summons issued against him for default in returning his execution according to law, or before this court on an appeal from the decision of the justice, be permitted to shew in discharge of his liability, that he has in point of fact receiv ed only part of his execution, or that by no diligence he could have obtained satisfaction for it, from the defendant. In such a case, that is, the base of a naked refusal or neglect to make any return to the execution, "on or before the return day;" the law fixes the extent of liabil ity, viz: the amount of the execution with the costs. This doctrine may seem to sound harsh, but in point of fact it is not more so, than many other rules which public policy has rendered expedient to apply to sherffs and other executive officers of the same class. It is severe that when the sheriff bona fide takes a replevin bond, he should be responsible not only for the original sufficiency of the sureties, but that he should continue so liable: it is severe that he should be compelled to accept bail in a common capias case, and that the acceptance of his bond in the event of non-appearance of the defendant should depend on the will and pleasure of the plaintiff, let his conduct in taking the security be ever so prudent and judicious: yet from motives of public policy and considerations of public security, the law sternly refuses to admit in such cases any explanation which would tend to limit his liability. In a case like the present, the constable has but to follow the plain and prominent land marks of the law, and he is secure. If he does not see fit to do so and returns his execution in time, it is much better that he should suffer the penalty of his remissness than that the public should be left in the power of these officers, by holding them no further responsible in cases of default, than in those on which they strictly and literally execute the duties imposed on them in the manner prescribed by law. If we were to hold with the defendant that a constable who does not return his execution in time, is res covered from the defendant; the plaintiff's right of issuing a prompt alias execution, depends on the pleasure of the constable. The delay of a single day, we can readily suppose, might prevent the former from realizing his debt. A rule of this kind might lead to arrangements and compromises of the most deleterious conse: quences to the community. On the whole, I am of opinion on the point proposed, with the plaintiff.-U.S.Gaz. The first branch of this section is clear: it affirmatively and positively deciares that the constable shall not be discharged from his execution, unless on or before the return day, he either shews the plaintiff to be satisfied or makes some other adequate legal return. The letter of the law as plain as language can speak, makes the lia-ponsible for nothing more than he has or might have rebility of the officer absolute if he neither shews the plaintiff to be satisfied, nor makes other legal return, on or before the return day of the execution." It is true that the concluding part of the section which points out the proceedings which are to take place when a constable neglects or refuses to return his execution, does declare the constable to be liable for the debt and costs, if he does not shew sufficient cause, why execution should not issue against him;" but these general expressions were not intended to control the positive enactment of the preceding part of the section. That construction is the most admissible, which seeks to reconcile every part of a statute, and this can be effected in the instance before us, by simply permitting the Legislature to speak for itself, and by applying the expressions of the law to the direct subject for which it is provided. We can give full efficacy to the latter clause of this section, without holding that the intention of the lawgivers in adopting it was to fritter away the preceding part of the law. We can readily suppose cases in which although no return has been made by a constable to an execution, it would be improper for a justice to return judgment against him for debt and costs. The LEHIGH CANAL. To his Excellency John Andrew Shulze, Governor of the state of Pennsylvania. The President and Managers of the Lehigh Coal and Navigation Company, hereby give notice to your excellency, that, agreeably to the provisions of the Acts of the General Assembly on the 20th day of March, 1818, of the 13th day of February, 1822, they have constructed and completed 52 locks or more in the lower grand section of the River Lehigh. They therefore pray your excellency to appoint three commissioners under the 11th section of the act of 20th March, 1818, to visit the sail locks, and if they report that the said locks are 1829.) REPORT OF COMMISSIONERS ON LEHIGH CANAL. 155 Locks. No. of 85 100 100 85 85 85 85 32 33 1 85 85 85 85 85 85 completed agreeably to the 1st and 18th sections of the 12 22 100 85 JOS. WATSON, President. 13 22 100 85 Philadel. June 24, 1829. 14 22 85 22 100 85 [On the above application, the Governor, Mr. Shulze, 16 85 issued a commission to inspect and report to him, which 17 85 was accordingly done, as appears by the annexed cop 18 7 22 100 85 ies of documents.] 19 7 22 100 85 20 7 22 100 To his Excellency John Andrew Shulze, Governor of 21 8:1 22 100 85 Pennsylvania. 22 81 22 100 85 24 22 The undersigned in execution of the annexed com 100 85 mission, beg leave to report 25 85 That they have viewed and examined the improve. 26 85 27 ments constructed by the Lehigh Coal and Navigation 22 100 28 22 Company, on the river Lehigh from the village of Mauch SO Chunk to the borough of Easton. The lift locks are 47 81 22 100 31 in number, including two guard locks, which are also 8! 22 102 lift locks. 22 100 85 The dams are eight in number and communicate with 22 85 the canal by as many guard locks, two of which are as 34 85 above stated also lift locks. 35 85 The guard and lift locks are all more than 18 feet 36 22 100 wide and more than 80 feet in length in the clear. They 37 22 100 38 22 are all, with the exception of guard lock No.1 at Mauch 100 Chunk, and the lift locks No. 1, 2, 3 and 4, also at and 39 61 22 100 near that place, of the usual description of locks used in 40 22 100 41 22 Canals as to the mode of opening and shutting the gates. 100 85 The small gates are iron valves. The guard locks No. 42 85 1, and the lift locks No. 1, 2, 3 and 4, are of the des 43 85 cription called stream locks, and as we believe are pe 44 22 100 culiar to the work on the Lehigh. 45 85 We have found all the locks and dams built of good 46 8.20 22 100 85 47 22 materials, and constructed in a workmanlike manner, 100 85 22 and the whole of the said river Lehigh, within the dis 100 85 tance aforesaid, so far improved, as to form an uninter 49 100 13.67 22 85 rupted canal and slack water navigation, both for ascending and descending from the village of Mauch Chunk, Whole Jockage 360.87 feet-Distance 464 miles. to the borough of Easton, and that the requisitions of In addition to the above, there are six Guard Locks, the Act of Assembly referred to in the Commission, one at dam No. 1, one at dam No. 3, one at dam No. 4, have been fully complied with by the said company, one at dam No. 6, one at dam No. 7, and one at dam within that distance. No. 8. The Table hereto annexed exhibits the lift of each Note-Locks No .14 and 31, are Guard Locks at dams Jock, as furnished to us by the Engineer of the company No. 2 and 5. and which on examination, we believe to be correct; although it was impracticable for us without much diffi. The following explanaiory Letter accompanied the official culty, to make an actual and precise admeasurement of Report. the respective lifts. In that table we have also stated Mauch CHUNK, July 3d, 1829. the length of each lock, and the length in the clear. Honored Sir,- We have herewith enclosed to you By the length we would be understood as meaning the our report on the work of the Lehigh Coal and Naviga-length of the chamber, and by the length in the clear, tion Company, which we have found to be constructed the length clear of the swing of the gates in opening agreeably to the requisitions of the laws relating to that and closing subject; and as you have in the commission, appointing THOS. McKEEN, Seal. us to the duty, which we have performed, desired us to J. M. PORTER, Seal. accompany our report, with such observations as might JOHN RICE. Seal. serve to explain it, we have taken the liberty in this let. ter to go into some detail as to the improvements exam. ined by us. We left Easton in the packet boat Swan, on the morning of the 1st of July. Having examined the three locks near the outlet of the canal, into the river opposite 7 30 130 Easton, we proceeded in the beat along the canal which 6 30 130 is there on the south side of the river, to the dam, No. 8, 3 6 30 130 a distance of about three miles. We crossed the Pool 4 6 30 130 created by the Dam, to the northern side of the river, New 22 100 85 and proceeded up the Pool, its length about two miles 22 100 85 and a quarter, where we entered into the canal, by lock 22 100 85 No. 46. We proceeded along the canal, thence to the 22 100 Dam No. 7. at Allentown, having in our way passed and 9 22 100 85 examined Locks 46, 45, 44, 43, 42, 41 and 40,--Procced. 22 100 85 ing up the pool created by this dam a distance of about 11 22 100 85 114 miles, we entererl the canal by lock No. 39. We pro 48 Locks. feet lift. chamber. clear. width.ពងទនននននន 85 10 with two arches or water ways. Aquanshicola creek on a similar aqueduct with four arches or water ways, and the Hoco Poco is passed by a tow path bridge. Besides these there are 22 culverts passing under the canal, some of them double culverts with 14 feet arches. The stone work of the abutments of the dams and of the culverts and aqueducts,is laid in hydraulic cement. Care has been taken to place the proper number of waste weirs on the canal, and where roads cross the line good substantial bridges have been or are being built, and we noticed 2 stone Toll houses erected near 2 of the locks. They were 18 by 27 feet, 2 stories high, which appeared to be built as well with a view to per manence as to the comfort of those who are to occupy them. ceeded along the canal thence to the dam at Hartmansford, having in our way passed and examined the locks down to No. 36. Proceeding up the pool, created by this dam a distance of about 1 mile, we entered the canal by lock No. 35. We proceeded along the canal thence to the dam No. 5, at the Slates, which we enter. ́ed by lock No. 31, a guard and lift lock, having in our way passed and examined the locks down to that number. Proceeding up the pool created by this dam a distance of about a mile and, we entered the canal by lock No. 30. We proceeded along the canal thence to the dam No. 4, at Kuntz'sford, having in our way pass ed and examined the locks down to No. 28. Proceeding up the pool created by this dam a distance of about 23 miles, we entered the canal by lock No. 27. We proceeded along the canal thence to the lock No. 3, near On the whole the works appear to have been conthe Gap Bridge, having in our way passed and examined structed with a view to service and durability, and the the locks down to No. 21. Proceeding up the pool cre- Corporation in our opinion is entitled to much commenated by this dam a distance of nearly a mile, which car-dation for the promptness and energy displayed in the ried us through the Blue mountain, we entered the ca- prosecution and completion of this great public improvenal by lock No. 20. This terminated our first day's la- ment. [SIGNED] THOS. MCKEEN, bor. J. M. PORTER, JNO. RICE. On the morning of the 2d of July, we again proceeded and passed along the canal to dam No. 2, which we entered by guard and lift lock No. 14, having in our way passed and examined the locks down to that number. Proceeding up the pool created by this dam a distance of about of a mile, we entered the canal by lock No. 13, a short distance above the junction of the Lehigh and Hoco Poco. We proceeded along the canal, thence to dam No. 1, at Mauch Chunk passing in our way and examining the locks down to and including No. 1. To his Excellency, Gov. SHULZE. [On the receipt of the above, and approval of the same, the Governor forthwith granted to the Company the necessary licence to take toll. AMERICAN SILK.-No. 10. In the eighth number of these essays, I have endeavored to show how much the manufacturing nations of Europe stand in need of the article of raw silk, which We found the canal well constructed throughout.-they are glad to procure, even of an inferior quality, There was some water weeping through the banks on from the most remote regions of the globe, while Amer section No. 88, near Easton, and on section No. 78 & 79 ica could supply them with the best and finest, to an above Jenks' mill, where the bank was composed of unbounded extent. I have pointed out two great margravel, but not such as to amount to any thing like a kets (England and France) open to American industry breach. Indeed it surprises us to find a new canal 45 and inviting it to their shores. I am now going to disfeet in width at bottom-60 at top, calculated for 5 feet play the advantage to be derived from this branch of depth of water, stand as well as this has done. Wherev- trade, when once it shall have been fairly introduced iner there is any danger to be apprehended to the banks to this country. from the rise of the water in the river the bank of the canal is protected by good slope walls. The locks are composed of good stone laid in Hydraulic cement. The insides are cased with plank, and the space between the covering and the wall grouted with the same kind of cement. Notwithstanding the size of the locks, every thing being new,and the gate keepers inexperienced the average time of passing the locks was about 5 The celebrated Count Dandolo, by whose labors the culture of silk has been so much improved and extended throughout Europe, does not hesitate to affirm that "the value of silk in Italy considered as an article of exportatian to foreign countries, is twice equal to that of all the other products of that country taken together; and that there is no production of the earth in the markets of Europe (in which of course he includes sugar, coffee, cotton, and all the rich productions of both hemThe dams as stated in our report are 8 in number.-ispheres,) which, compared to its natural value or They are built of timber and stone in a very substantial manner, with stone abutments. They are of the height following, counting from surface. No. 1, 5 feet, No. 3, 8 feet, No. 4, 16 feet, No. 5, 12 feet, No. 6, 6 feet, No. 7, 7 feet No. 8, 10 feet. minutes. The whole line of canal and pool is intended for 4 feet water and it has all had nearly that quantity in, except the upper level from dam No. 1; there it had not more than 2 feet. It is intended to raise the dam No. 1, to 8 feet, which will give that level the depth of 5 feet water also. There is no crossing the river at the pools except at dam No. 8: from thence to Mauch Chunk the line of canal and tow-path is on the N. E. side of the river. The towing paths along the pools are all complete excepting a short distance created by the dam No. 6, on which there were about 50 men at work, and which will be completed in a few days. The whole line of tow path is protected from freshets, by a substantial slope wall. prime cost, offers to the producer a greater neat profit than the article of silk." (a) If, then, in Italy, the land of corn, wine and oil, the profits on exported raw silk, (for the author does not here speak of it in its manufactured state) be equal to double the amount of all the other productions of the Italian soil taken together, it is evident that the same, if not greater advantages must result to this country, particularly to the northern and middle states, whose productions are not so rich as those of the south of Europe. And as to the southern states, their tobacco, cotton and rice are no longer the sources of profit, which they once were, nor is there a prospect of their returning to their pristine value. In another point of view, the article of silk, as an object of exportation, is of the utmost importance to the United States. Nothing will tend so much to prevent pauperism and its attendant mendicity. "The labor in preparing the silk," says Mr. Wilson-already mentioned, No. 8, in his examination before the House of ComThe line of canal crosses the Manockesy at Bethle-mons, "affords much more employment to the country hem on a stone Aqueduct of 3 arches. The Hocquendoque on an aqueduct with stone abutments and piers and wooden superstructure, having four arches or water ways under it. Bertsch's creek by a similar aqueduct (a) L'art d'elever les vers a soie &c. par le comte Dandolo; traduit de l'Italien. Par F. Philibert Funtaneilles; 2d edition, Lyons, 1825, p. 458. producing it, than any other raw material." (b) I need not dilate upon this subject. But setting aside theories and opinions, however respectable, I shall confine myself to the more convincing logic of facts, on which alone I rest the proof of my assertions. In France, the current price of law silk, whether made at home or imported from foreign countries, is from 20 to 40 francs a pound, according to its different qualities and degrees of fineness, of which there are a great number.-Singles in general bear the highest price; organzine the next, and tram silk is of the least value. These three qualities have also their subdivisions in respect to fineness. I do not speak here of the inferior kinds of raw silk, such as filoselle and the various silks made of imperfect cocoons. In England, the price of the three first qualities, is from 188. to 35s. sterling. (c) I should suppose the assorted qualities of fine American silk, well prepared, would bring on an average in the European markets, seven dollars a pound, or at least something between six and seven dollars. But, admitting that in the beginning, and before their reputation were well established, these silks should produce only six, or even five dollars a pound, there would still be a great profit to be made by the American seller. I am not sufficiently acquainted with the prices of things in this country, to present the reader with a statement in dollars and cents of the cost of raw s lk to the time when it is ready for sale, in order to enable him to deduce from it the clear profits to be made. Nor is 457 made by some enterprising ladies in Kentucky from co coons, the worms of which had been exclusively fed on the wild native mulberry; the silk, indeed, was beautiful; I never have seen any to surpass it; (d) b.it as merchandize, it could not procure a single cent. I have seen some made at Washington, on which I have pronounced the same judgment. I do not hesitate to affirm that all similar attempts, without the necessary instruction and the skill to be acquired by labit and patience, will for. ever prove vain. I need only say, to give an idea of what it is, that the operations of the female silk winders are chiefly guided by the sense of feeling, their hands and fingers acquiring by practice a nice sensibility of touch, without which it is impossible to wind s lk to the degree of perfection that is required. Add to this the great degree of skill and dexterity that is necessary for the management of the cocoons and for producing the various qualities of silk, according to their numerous degrees of fineness, which may be compared to the dif ferent numbers by which the various qual ties of co1ton threads used for sewing are designated. All these things must have been learned by a sufficient number of women, before the business can be undertaken on an extensive scale. The extent of a filature is calculated from the num ber of reels that are employed, from ten to fifteen hundred or more. To each reel there must be a woman to wind the silk, and a little girl to turn the crank There must be two men alternately to feed and watch the fire. The cocoons, which I suppose may be purchased of a good quality for 25 cents a pound, and eight pounds of which will yield one pound of silk; he fuel, a cauldron,. pipes, basins, and necessary apparatus to convey the it necessary that I should do so; it is enough, I think, for me to offer general data, from which any one may be enabled to draw his inferences and make his ca'culations as he shall think proper. It is at least the fairest and least objectionable mode of proceeding in this mat-water to the reelers, and the wages of the people are ter. Every one will easily understand that the profits on raw silk will in a certain degree be proportioned to the extent of the means of those eng ged in its preparation, and of their establishment for that purpose. Without speaking of the advantage of ready money purchases, it must be obvious that various expenditures, such as the ground, the buildings, fuel for boiling the water, which must be kept constantly hot, and other incidental expenses, will be nearly the same whether the business is conducted on a smail or a large scale. In the latter case the machinery may even be moved by water power, or by steam, which will add greatly to the economy of the undertaking. But the time is not arrived for such vast establishments. Before that takes place, a great number of women must have been instructed in an art, which, whatever may be thought of it, is not learned by intuition, nor without a great deal of habit and practice. It is now three or four years since the Italian reel was imported by a patriotic gentleman into this city. There it still lies, like a fine musical instrument, waiting for the hands of the master. Nobody has yet succeeded in making merchantable raw silk, either by its means or by that of similar machines which are scattered through this country. Many attempts have been made; none of which have been successful. I have seen various samples of those fairest exertions of American ingenuity. A few days ago I was shown by Mr. Hamilton, of the Franklin Institute, a specimen of supposed raw silk (b) Manual published under the authority of Congress, 1825, page 358. (c) Ibid. John de Fere's examination. (d) Not having wound off the silk from the cocoons mentioned in my 6th number brought to this city by General Cocke, of Virginia, and spun by worms fed on the leaves of the wild American mulberry. I could not so well judge of its fineness; therefore, from what Dr. Dudley said of the superior strength of the sewing silk made out of it, I supposed that it might proceed from the coarseness of the threads; but from this specimen, if it be really what it is represented to be, I find that the silk of such cocoons (exclusive of the floss) is equal in fineness to any other. the internal expenses of the establishment. A good reeler can turn out three pounds of silk in one day. As to the ground and buildings, a piece of land of two or three acres, well suppled with water, that it may be found constantly at hand; a dwelling house for the person at the head of the establishment and his family; a shed proportioned to the number of reels to be employed, with a store-house adjoining for the cocoons, are all that will be required, besides a stable, with a good saddle horse, or a one horse carriage, that the director of the works may be enabled to go about the country in search of cocoons, and from time to time to inspect the nurseries of the surrounding farmers, and give them proper advice. By this means, the necessary notions for the proper ma. nagement of silk worms, will soon spread through the country. When the annual amount of these expenses is properly calculated and compared with the European prices of raw silk which I have mentioned above, it will be found that a great and an increasing profit is to be made by the purchase of cocoons, and the preparation of raw silk. Little or no profits are to be expected for the first year. I suppose that during that time, with a great deal of labour, forty women may be instructed in handling silk, so as to become tolerable reelers. The winter might be thus usefully employed. These, afterwards, would instruct others, and their number would rapidly increase.-After a few years the profits will be immense; and for a long time the demand in Europe will keep pace with the supply. There is little doubt that the raw silks of China and Bengal will be abandoned, and entirely superseded by those of this country. J. D'HOMERGUE. September, 2d. Yesterday morning a friend residing near this city, cut, for our use and gratification, a branch from a flourishing tree, which contained a very considerable number of ripe apples, and a large quantity of new blossoms, full of promise of a second crop.-U. S. Gazette. The quantity of rain which fell during August was 4.61 inches. Pennsylvania Hospital, September 1st, 1829. |