and the surrounding country. The facilities which it will afford for intercourse with the city of Philadelphia, will necessarily render our town much better known, and vastly more frequented by strangers, than it has ever heretofore been. It does not seem extravagant to suppose, that the travelling alone, upon the rail-road,

when we take into consideration the access which it affords to the trade of the river Schuylkill, Delaware, and Susquehanna, it does not require a sanguine temperament to imagine a great and rapid increase in the population, the business, and the wealth of this town. With such increase, the business upon the rail-road must necessarily keep pace; and thus the benefits of the company, and to the public, will be reciprocal.

tached a party of his assistants to explore the ground which service was performed, in a faithful and satisfactory manner, in the month of December, 1830. An estimate of the cost was prepared, which showed that the route was even more favorable than had been anticipated-and subsequent experience has completely established the accuracy of that estimate. An act of incor-will yield the interest upon the capital invested; and poration having been obtained, and the amount of capital stock promptly subscribed, the West Chester Rail-road Company was organized, and prepared for active operations early in the month of May, 1831. On the 13th day of May, exactly sixteen months ago, the resident engineer commenced the location of the line of road; and you have this day had an opportunity of witnessing the character of the work, and the amount which has been done under his immediate direction since that time. The directors are free to acknowledge that they have wholly misconceived the subject, if, in both points of view, the performance be not pronounced highly creditable to the skill, activity and fidelity of that officer. As a member of the board, I feel it, indeed, to be due on this occasion, both to the principal and resident engineer, again to testify our deep sense of the professional worth and abilities of those gentlemen. The extent of the West Chester rail-road, from the borough to the intersection with the Pennsylvania railway, is exactly nine miles, exclusive of the turn-outs, and the necessary branches at the depot. The number of turn-outs, or sidings, may perhaps be increased hereafter, but at present, it is deemed advisable not to multiply them faster than real necessity requires. It is believed that by a judicious regulation of the travelling, and business on the road, we may be enabled to get along with fewer of those expensive and troublesome appendages, than we originally contemplated.

I have looked with much interest to the advantages which, it appears to me, the rail-road will extend to the farmers of this vicinity. It is well known that vast quantities of agricultural produce are annually sent from this district to the city of Philadelphia, and it is equally notorious that, for several months in the year, our common roads are almost impassable for loaded wagons. This, too, unfortunately happens at the very season when the farmer most desires to get his produce to market. With the aid of the rail-road, the products of our farms can be run to the city whenever it may suit our interests or convenience; and that, too, with such celerity and certainty, that we may be enabled to profit by any sudden and temporary demands for our commodities. I do not deem it necessary to dwell upon the many and obvious advantages which this work, now so happily consummated, presents to this community. I trust they will all be fully developed, and properly appreciated in due season. With such aids for business, and such facilities for social intercourse, if we prove ourselves worthy of the blessings, we can scarcely fail to increase in wealth and happiness. Prosperous circumstances, we may reasonably hope, will be attended with an ambition for mental culture; and thus the ultimate and legitimate effect of physical improvements may be, to expand the mind, and exalt the moral and intellectual character.

From the Erie Observer.
IRON ORE.

Iron ore, of a superior quality, has been discovered in this county, sufficient, it is said, to justify the erection of iron works on a large scale. These facts are known to the greater proportion of our citizens; and yet, strange as it may appear, there is not energy or enterprize enough among our wealthy citizens, to un dertake the business. As there has been the most ore discovered in Fairview and Girard townships, I would respectfully suggest to the inhabitants of those town $78,301 48 ships, to call a meeting for the purpose of forming a company to go on with the business. It cannot fail, if properly managed, of being good stock. There has also been discovered an extensive bed of marl or lime, near Elk creek village: also a smaller one about one mile south of Mr. Wm. Sturgeon's. Was it known abroad that Erie county possessed such advantages for the manufacture of iron castings, I have no doubt that we would have capitalists from abroad, glad of the opportunity of embarking in the business.

$8,086 53

$86,388 06
90,000 00

Balance, $3,611 931 Some additional expenses will necessarily be incurred before the accounts are adjusted-particularly in the erection of a tenement for the person who takes charge of the relay station, near the middle of the road; but it is confidently believed that no farther instalments will be required from the stockholders. The rail-road being thus far completed, and ready for operation, with a capital of 90,000 dollars, we cannot but Яatter ourselves that it will prove to be a valuable stock to the proprietors, as well as a great public benefit to this borough

The annual exhibition of the Horticultural Society took place at the Masonic Hall, on Wednesday, Thursday, and Friday of this week. The collection of flowers and plants was as usual, large and splendid.

Printed every SATURDAY MORNING by WILLIAM F. GED.

DES, No. 9 Library Street. Philadelphia; where, and at the PUB

LICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office,(front room) subscriptions will be thankfully re ceived. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

Gentlemen,-The undersigned commissioners ap-buildings for the beneficial use of the respective shores; pointed by and under the authority of an act of the legislature of Pennsylvania, entitled "An act appointing commissioners for settling certain differences between this state and the state of New Jersey," passed the 25th day of March, 1817, deem it important to a satisfactory adjustment of the controversy between the two states, that there should be a perfect understanding between their respective commissioners on the following points: 1. That the agreement signed by their commissioners on the 26th day of April, 1783, and afterwards ratified by New Jersey as well as Pennsylvania, is obligatory upon them in all its parts.

2. That under that agreement, the river Delaware in the whole length and breadth thereof, so far as the same divides the two states, is and shall continue a highway, free and open for the common benefit and advantage of the contracting parties.

but that in the exercise of this authority they are bound as well by public law as by the agreement of 1783, to preserve the navigation of the river. We consider the agreement of 1783, nothing more than a declaration that the river Delaware within the limits prescribed then, was and should continue to be a public navigable river in contradistinction to a private river, and that it must be subject to the same law, as all other navigable rivers that are deemed public highways—we apprehend' it to be a mistaken opinion, however extensively it may have spread itself, that the whole bed of the river is sacred and cannot be touched without a violation of the rights of the states we represent; the soil of the river to the midway thereof, at least at and above the falls of Trenton, if not below, is vested by law in the owners of the adjoining land. It is true that the same principle of law that vests this private right in the owners of the adjacent soil, also vests in the public the right of unobstructed navigation-we admit that the private right must be so exercised as not to injure the public right of navigation. It is not every erection on the bed of the river that becomes a nuisance, and to be construed as a violation of the agreement of 1783; if this was the 5. That all laws passed by either state without the case, all the piers and docks erected in the river must concurrence of the other, to authorize the erection be destroyed. Docks and wharves judiciously placed of wing dams which would in any degree injure the naon the river, are useful to commerce, in which case vigation of the said river, either in ascending or de. they are innocent and lawful erections, but should they scending the same, is an infraction of the said agree- become so far extended as to obstruct navigation, they ment. If the commissioners on the part of New Jer- would become public nuisances, be unlawful, and liasey should agree with the undersigned in the foregoing ble to prostration. We apply the same reasoning to position, the commissioners of Pennsylvania will be pre-mill dams and other erections on the river. Their law. pared to enter more fully upon a discussion of the sub. ject referred to them.

3. That the two states have a concurrent jurisdiction of the said river from shore to shore.

4. That after the ratification of that agreement, neither state had a right to exercise a separate jurisdiction in any manner calculated to injure the navigation of the said river.

Trenton, September 15, 1817. Gentlemen,—In answer to your communication of this morning we beg leave to observe:

1. We admit that the agreement signed by the commissioners of the two states, on the 26th day of April, 1783, and afterwards ratified by New Jersey as well as Pennsylvania, is obligatory on them in all its parts; and further, that the legislatures of Pennsylvania and New Jersey, and also the citizens of the respective states are bound in good faith to observe its provisions.

fulness or unlawfulness depends on the fact, whether
they are, or are not obstructions to navigation. We
have been the more particular in disclosing our opinions
on this head, that we might enable you at one view to
understand the reasoning that led to certain legislative
acts of New Jersey, relative to wing dams.
We have the honor to be, gentlemen,
With great respect,

Your obedient servants,

WILLIAM S. PENNINGTON.
DAVID THOMPSON, jun.
PETER TUCKER.

CADWALLADER EVANS, jun.
WILLIAM ERWIN, and
JOHN Ross, Esq's.

(No. 3.)

Trenton, September 16, 1817. Gentlemen,-Last evening we received your letter of the 15th, in answer to ours of the same date.

2. That as to the second and third propositions contained in your communications, we answer, that they We had the honor of stating to you in that letter cerare embraced in the agreement of 1783, and form a tain abstract propositions, so obviously arising out of part thereof, and as we admit that agreement in all its the agreement of the two states in 1783, that it was parts, we do not perceive any use in a separate recog-apprehended no objection could arise to their adopnition of them.

tion, except that they admitted a separate legislation in the states respectively, in cases where the navigation of the river could not be in any degree injured. This

exception is indeed very questionable, and could only be admitted in cases so obvious, that no doubt could exist as to the fact of their not being injurious to the navigation; and that too, subject to judicial investigation in the adverse state. And as it could not, according to the present views of New Jersey, comport with her policy to object to this exception, we had every reason to expect a cordial acceptance of all the propositions in their full extent.

To our first proposition, you say, that you admit that the agreement of 1783, is obligatory on the two states, in all its parts. And to the second and third propositions, you agree as being embraced by the first.

To our fourth and fifth propositions, you reply by a course of reasoning which we will notice by the follow ing remarks.

something more than making the river a highway as you have supposed.

You state that the soil of the river, to the midway thereof, is vested in the owners of the adjoining lands. We ask, by what conveyance, or by what law? Not by virtue of the patent to the first proprietor of New Jersey; for that grant was limited by the eastern bank of the river. Not by the convention of 1783; nor by any other concurrent act of the two states; nor by any other law, statute or national, that has come to our knowledge.

It will not be contended that because this land adjoins the river, the owners have a right to its bed; for the common law principle is, that no man has a right beyond his boundary, and of course, that he who is bounded by the shore, cannot go to the middle of the river. This being a settled principle of law, and having no kind of evidence of any grant to the inhabitants of New Jersey, beyond the margin of the river, we are utterly at a loss to understand how you will show that their right extends to the middle of the stream.

Now if the wing dams, the erection of which were authorized by the legislature of New Jersey, were not in any degree injurious to the navigation, then your reasoning was wholly unnecessary. But if your reasoning was necessary, it was because the dams were injurious.

By admitting our first, second and third propositions, you have admitted that the two states have a concurrent jurisdiction over the said river, the whole breadth thereof, from shore to shore, in all cases; except those which are expressly excepted in the said agreement. For it is a sound rule of construction founded in good You say you have disclosed your opinions, for the sense, that all instruments of writing, whether between purpose of showing the course of reasoning which led states or individuals, containing a general grant of to certain acts of the legislature of New Jersey, authorrights or powers, with certain exceptions, conveys eve-izing the erection of wing dams in the Delaware. We ry thing within the boundary of that grant, except what did not ask you to concede, that dams which were not is expressly excepted-now as the erections alluded to injurious to the navigation, were a violation of the comare within the boundary over which a concurrent juris- pact of 1783, but that such were so, as did injure the diction of the two states is given, and as there is no ex-navigation. ception of wing dams to that concurrent power, it will follow that they are exclusively subject to that concur. rent authority, and that no separate legislation can be exercised over them. It is true, that in your answers to our fourth and fifth propositions, you enter into a course of reasoning to show that each state had a seperate legislative authority, in cases that you had just admitted were within the concurrent jurisdiction of the two states-thus admitting a principle and then reasoning it away. You state that the agreement of 1783 was nothing more than a declaration that the river Delaware should continue to be a public navigable river in contradistinction to a private river. If that was the only effect of that agreement, it was an useless instrument; for in the year 1771, that is, twelve years before this agreement was entered into, the states of Pennsylvania and New Jersey had declared that river a public highway. But independent of this act of the two s'ates, it was a public highway from the first settlement of the country. The distinction that is taken in England between tide and fresh water rivers, does not obtain here. In that country their rivers are small, admitting only of a very insignificant navigation; but in this country, the fresh water rivers are large, admitting the passage of boats into the heart of a great continent; hence the policy of these governments, in adjudging all rivers public highways, which are used for a boat navigation.

It therefore becomes peculiarly proper,that we should clearly understand one another upon this subject. Our propositions are void of ambiguity, and are as unexceptionable as we are able to make them. We therefore request explicit answers to them.

We have the honor to be, gentlemen,
With great respect,

(Signed,)

Your obedient servants,

CADW. EVANS, jun.
WILLIAM ERWIN,
JOHN ROSS,

(No. 4.)

Trenton, September 17th, 1817. Gentlemen,-We supposed that we had answered your propositions so distinctly, that no further explanation would have been required. If our answer was not explicit, we think it was occasioned by the ambiguous nature of the propositions themselves. We stated as our opinion, that the legislature of either state, may, without any infraction of the agreement of 1783, authorize the erection of such useful improvements on their respective shores, as do not actually injure the naso-vigation of the river: and we conceded that such erections as do actually injure the navigation of the river, are unlawful.

The lands and rivers now comprehended by Pennsylvania and New Jersey, belonged to one common vereign, who granted that part which lies on the east side of the Delaware to one subject, and that on the opposite side to another subject, who by a separate grant On a more particular examination of your first comwas entitled to the bed of the river Delaware; yet it was munication, we find that you qualified your fourth pronever pretended by him, that this separate grant gave position as follows: "In any manner calculated to inhim the exclusive navigation of that river. Indeed it is jure the navigation of the river;" and your fifth, by these so interwoven with the system and policy of our govern- words, "which would in any degree injure the navigaments, that great rivers should be public highways, tion of the said river." Notwithstanding the seeming that we never understood there was any doubt upon the particularity of these qualifications, yet they are capasubject in Pennsylvania, even before the year 1771. ble of so uncertain an interpretation, that they are calThe act of that year indeed declared it a highway, yet it culated to obscure, rather than elucidate the subject, was not passed to satisfy the people of Pennsylvania, and if adopted, would, in our opinion, lead to fresh matwho had no doubts upon the subject, but to satisfy the ters of controversy. Whether an act about to be done, people of New Jersey, who were subscribing their mo- is calculated in any degree to produce a certain effect, ney, for the purpose of improving the navigation of that may be a proper subject of philosophical investigation, river. But even if the river was not a highway before but is, in our opinion, too speculative a question for the year 1771, yet after the two states declared it so in practical subjects; we must therefore decline further that year, no doubt could be entertained upon the sub-explanation on these points. In your communication ject. The agreement then of 1783, must have meant of the last evening, you seem to infer that we have ad

mitted certain principles respecting a concurrent jurisdiction on the river Delaware.

from the pernicious effects of wing dams, which are increasing in number, and in injury to an alarming ex

tent.

2. That no wing or other dam, for creating or in

We admitted the instrument of 1783, which speaks a language on that subject too plain to be misunderstood, and therefore needs no explanation. We beg you, gen-creasing water power, shall hereafter be erected in the tlemen, not to take admissions, by construction and inference.

When we speak of the agreement of 1783, as be. ing nothing more than a declaration, that the river Delaware was a public highway, we only meant that part of the agreement, that relates to the navigation of the river; we well know, that the principal object of the convention was to settle the jurisdiction.

Whether the English doctrine, conferring the bed of the river to the midway thereof, on the owners of the adjacent soil, is adopted in this country, or not, is a question wholly immaterial in the present inquiry. Whether it is in the owners of the adjoining land, or the representatives of the original proprietors, or the state, is a question to be settled in each state, by the laws thereof, and has no bearing on the subject under investigation. It is sufficient that it is in one or another of them. We contend that the agreement of 1783, did not touch the soil, but was confined to questions of jurisdiction and navigation, and that the bed of the river Delaware, to the midway thereof, from the first settlement of the country to this hour, has belong. ed to the state of New Jersey, or some of the citizens thereof, and that the commonwealth of Pennsylvania, never had, and as we believe, never pretended to have any title thereto.

We have the honor to be, gentlemen,
With great respest,

Your obedient servants,

WILLIAM S. PENNINGTON,
DAVID THOMPSON, jun.
ELLET TUCKER.

CADWALLADER EVANS,

WILLIAM ERWIN,

JOHN Ross, Esqr's.

(No. 5.)

ARTICLES OF AGREEMENT

Made and concluded the

day of

said river, without the consent of the legislatures of both states; but neither state is to be prevented from the erection of any dams, for the sole purpose of improving, and to the exclusive use of the navigation of the said river.

3. That the owners, possessors, or occupiers of any water works, for the use of which any wing or other dam, upon the said river, hath heretofore been erected, with or without legislative permission, shall, within twelve months from the date of this agreement, erect and place in such dam, a good and convenient lock, at least feet in length, and

feet

in width, and shall forever thereafter keep the same in good and perfect order and repair; and from the said lock, shall open and forever keep free from obstruction, a good and sufficient boat channel below such lock, to the usual boat channel of the said river, so that boats may at all times, safely and conveniently pass and repass up and down through such channels and locks. And the owners, possessors and occupiers of such water works, shall attend and open the locks, for the passage of boats through the same, without any let or hindrance, and without charge of any kind. That the said dams shall, moreover be so altered by the owners, possessors or occupiers of the water works connected therewith, as that thirty feet in width, in the most suitable place for navigation, shall be twelve inches lower than any other part of such dam; and with a slope so formed, as to contract or confine the water, and to extend down the river four feet for every foot the dam shall be in height, which shall also forever thereafter, be kept in good order and repair, by the owners or occupiers of the water works connected therewith--but nothing herein contained, shall be construed to countenance any dam which shall be injurious to the property of others, by back-watering the same.

4. That within twelve months from the date of this agreement, each state shall appoint three commissioners, who shall view all the wing and other dams heretofore created, together with the locks and other imA.D. 1817, between the commissioners of provements herein to be made; and also the boat chanthe commonwealth of Pennsylvania, and commission- nels forming a communication between the locks and the ers of the state of New Jersey: Whereas disputes have usual boat channel in the river; and if their report arisen between the commonwealth of Pennsylvania, and should not be, that the same is made according to the the state of New Jersey, respecting the passage and provisions of this agreement, or if the said improveoperation of a certain act of the legislature of New Jer- ments should not at all times thereafter, be kept in good sey, passed on the 4th day of February, 1815, to enable order and repair, and attended, as is herein directed, Daniel W. Coxe, Samuel Wright, jun. and Peter T. such wing and other dams may, under the judicial auSmith, to erect a wing dam on the river Delaware, and thority of either state, be abated as a public nuisance; of the supplement thereto, passed on the 16th day of Provided nevertheless, That where dams on both sides of February, 1816. And whereas, the said states have ap- the said river, shall be so nearly opposite to each other, pointed the undersigned their commissioners respective-as that a lock in either will answer all the purposes of a ly, to settle all the matters of complaint between the lock in each, and the owners of the water works, to said states, respecting the passage and operation of the which such dams are attached, shall agree upon a plan said acts of the legislature of New Jersey, and also re- of erecting and supporting such lock, and shall represent specting all wing dams erected and placed in the said the same to the executive of each state, then and in river, with or without legislative permission, and to de- such case, each state shall appoint three commissioners fine with precision and certainty, the rights of the re- to view the place proposed for such lock, together with spective states, to authorize the erection of dams and the plan thereof; and if approved by a majority of other works within the waters of the said river, for ob- the commissioners of each state, and so certified under jects of public utility and benefit. their hands to both states, then, and in such case, the erection of a lock in the dam on the opposite side of the river, may be dispensed with; Provided, That the lock so erected shall be completed, and shall pass the inspection and approbation of the commissioners, which 1. That the agreement between the two states, sign-shall be appointed to view the locks and improvements ed by their commissioners respectfully, on the 26th day of April, 1783, ought to have been so construed, as to have required the assent of both states to any act authorizing the erection of any wing dam, on either shore of the river Delaware; that such coustruction would have best preserved the navigation of the said river

Now, for the accomplishing the objects of their appointment, the said commissioners do agree, for, and on behalf of their respective states, in the manner following, that is to say:

in the wing dams upon this river.

5. That if the contracting parties to this agreement shall hereafter agree upon any plan for the improvement of the navigation of the said river, the dams now erected, shall not be an obstruction to such improvement, nor shall the owners of the water works attached

6th. That nothing in this instrument shall be construed to weaken or in any manner impair the obligation of the several contracts entered into between the respective states of Pennsylvania and New Jersey. one on the 26th of April, 1783, and the other on the 2d of 2. That three commissioners shall be appointed in December, 1785, but that the said contracts be coneach state, to view each and every wing dam now erect-firmed in all things, and held to be binding as fully and ed on the river Delaware, either with or without legis effectually as if this agreement had not been made or lative authority; and after examining the same, the said entered into. commissioners, or a majority of them, shall give direcIn witness whereof, the said commissioners of the tions in writing, to the owners, possessors, or occupiers aforesaid states, have set our hands and seals to two inof any wing dam now erected in the said river, requir-struments of the agreement, one for each state, the day ing him, her, or them, by a certain day then to come,not and year first above written.

in said wing dams, by causing locks, slopes, or other ter works for the use of which a wing or other dam in