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PENAL CODE AND PENITENTIARY SYSTEM.
nute made of their criminal history; the number of had experienced a long confinement in the cells, before times they have been imprisoned and pardoned; the sen- they were pardoned, returning to their prison a few tence of the court, and the term expired at the date of months after their liberation. If any conclusion can be their pardon; the length of time they were at large be- relied on founded upon a comparison of those who have fore the second or third offence; the time they served been in solitude, and those who have not, previous to in prison in solitude or at labour; the effect of confine their pardon, taking into consideration the time they ment upon their constitutions, and their feelings as to were at large before their second commitment, it would the difference in punishment between solitude and la appear that the punishment by labour, with the discibour. There are 26 contined in cells who are on a 2d pline of the prison, had been more effectual in retarding conviction, 3 on a third, and one on the 4th, and six are the commission of crime than solitude," &c. sentenced on their first conviction to solitary confine There appears to have been some difference in opinment, ten of those who are in on a second conviction, 3 ion among these commissioners as to the expediency of on a third, and one on a fourth had been confined for an absolute or immediate repeal of the laws of New previous offences in the state of New York, but none of York, which provide the punishment of solitary confinethem in solitude. , Sixteen of those who were in on a
After stating their several opinions they con2d conviction, were confined for the first offence in the clude as follows: Auburn prison. Eight were pardoned before the ex “The result of the whole will be, that a majority of piration of their first sentence, two of whom had been up- this board respectfully recommend to the legislature the wards of two years in solitary confinement, and one two repeal of the laws for solitary confinement in the conyears and three months, 5 had escaped from the keepers nection with the full adoption of an effectual governwhile working on the canals, and were either retaken ment and discipline; and that a majority of us would not or convicted of fresh crimes against the community, and recommend the same as a separate measure, nor in any 2 served out their term of sentence; 7 have been in the case except in connection with such effective system of cells from 7 to 9 months; 9 from 10 to 12 months; 11 government and discipline.” from 13 to 22 months; and one had been in solitude for With the statement of these commissioners, respect. 29 months. One was sentenced for life on his first con- ing the effects of solitary imprisonment on the health, viction, and served 3 years and 4 months, (2 years and the official reports of the prison entirely coincide. From 6 months of which in solitude,) when he was pardoned: the report of the physician for 1823, it appears that there he was out 3 months when he was again convicted and re- had been ten deaths; seven of them by consumption, turned to his own cell.-Four were sentenced to 5 years, five of whom were from among the solitary convicts.one of whom served one year and 3 months in the yard, The patients who came into the hospital from the cells, and 2 years in solitude; the second served 2 years, the were affected with difficulty of respiration, pain in the third 2'years and 2 months, and the fourth 2 years and 4 breast, &c. We give the following passage in the words months at labour, when they were pardoned. The first of the physician. was out of prison 4 months, the second 2 years, the third “It is a generally received and acknowledged opinion, 9 months, and the fourth 8 months, when they were that sedentary life, no matter in what form, disposes to again convicted.”
debility, and consequently to local diseases. if we re“ From a pretty close examination of the prisoners, as view the mental causes of disease, we shall probably find to the effects of solitary confinement upon their consti- that sedentary life in the prison, as it calls into aid the tutions and general health, we were led to the conclu- debilitating passions of melancholy, grief, &c. rapidly sion, that upon most of them the effects were injurious, hastens the progress of pulmonary disease.”—The reparticularly those who had been in confinement one year port of 1824 stated, that of nine deaths, five were perand upwards. They generally complained of excessive sons who had been in solitary confinement, and who weakness and debility; some of violent and others of died with consumption, accompanied with affusions of slight affections of the lungs; some of rheumatic pains, water; that a number were pardoned by reason of disnumbness and swelling of their limbs, which they de- ease, which by continued confinement would have terscribed as paralysed or frequently falling asleep. 'One minated in consumption and death; and in fact some castated that he was ruptured, which he attributed to i ses did so terminate after pardon. weakness brought on by his confinement; and another “A number of these convicts became insane while in that he was frequently attacked by convulsions, which solitude; one so desperate that he sprang from his cell, left him much debilitated; several that they had lost when the door was opened, and threw himself from the much flesh, since their confinement, that their appetite gallery, upon the pavement; which nearly killed him, was poor, and their sleep much disturbed. They gene- and undoubtedly would have destroyed his life instantly, rally declared that they would prefer the hardest labour had not an intervening stove pipe broken the force of and the coarsest food to their present condition, and two his fall. Another beat and mangled his head against the of them begged they might have work in their cells, in walls of his cell until he destroyed one of his eyes."* order to make the time pass off less irksome." It was The result was the abandonment of solitary confinethe opinion of the inspectors that in many cases confine- ment without labour, and the introduction of the system ment in solitude for a year or more produces nervous af- of separate dormitories with joint labour; of which we fections or extensive debility, and that in a few instances shall have occasion to speak hereafter. diseases of the lungs had been contracted in solitude, In New Jerscy, a number of the convicts have been which have proved fatal. “Some of the convicts, (they sentenced to solitary confinement in the state prissonal observed) would sink under this mode of punishment, Lamberton, and in some instances have remained eighunless they were permitted to go into the yard for a few teen months, and even two years in solitary cells without weeks, when fresh air and light labour invigorates their intermission. We call the cells solitary, because the constitutions, and generally restores them to health. And convicts are corporeally separated from each other; but it was the opinion of the physician, that solitary confine in fact, as we personally observed on a visit to this priment had an effect on some constitutions, to accelerate son, the neighboring criminals are able to converse with the progress of consumption. The quiet and submissive little more impediment, than if they were in the same demeanour of the Auburn prisoners, before mentioned, is apartment. They do actually converse with each other; strong proof of the power of solitary confinement to and therefore one great character of solitary imprisonsubdue the perverse tempers of bad men. But, unfor- ment is wanting here. It is true, that in the cells, exertunately, we have been furnished with no evidence, cise is impracticable to any extent; but we found, on inproving, that those who have been released from this quiry, that the physician occasionally directed that they punishment by pardon, have been made good by the should have the benefit of a change of air and exercise. operation. On the contrary, the instances furnished tend to prove the reverse; for we find the three who • Account of Auburn prison by G. Powers, page 36.
PENAL CODE AND PENITENTIARY SYSTEM.
Nothing of value as testimony upon the point we are now them, generally, to maintain. I have not seen but one discussing is to be derived from this prison. We may that stood close solitude twelve months, that was able add, however, that at the session of the legislature of to get a living from his own labour. It strikes me very New Jersey of 1826-7, a joint committee was appointed forcibly, that the experiment of close solitary confineto examine into the condition of the prison, who made a ment, (so far as relates to our climate,) would turn loose report recommending the abandonment of solitary con- on society a mass of emaciated human beings, without finement, in the following words. “They consider soli- trades, money or friends, to be supported by the public; tary confinement as not answering the purposes expect- thereby increasing pauperism instead of diminishing ed, in improving the morals of the prisoners, any more it." than hard labour, if so much; and they recommend con The importance and value of the information furnished finement at hard labour in future, as the best mode of by the different passages we have cited, must furnish one punishment and the most productive to the state.” excuse to the legislature for their length. They suffi
In Virginia, the system of solitary imprisonment with ciently, we think, sustain our proposition, that the sysout labour, has had a full trial; and we believe is still in tem of solitary confinement without labour, is likely to operation. We have already made an extract from a re- produce either bodily or mental infirmity in its subjects. port of the directors tending to show the effect of such We are aware, that it may be said in favour of the new confinement on the spirits of the prisoner, where a hope penitentiary near Philadelphia, that by providing airing of pardon was permitted. In the report for 1825, of the exercising yards for the prisoners, it removes a principal physician to the establishment, we find the following cause of complaint; but we fear that the advantage is strong testimony as to the bodily health of the convicts. more specious than solid. For, 1st-these airing yards "I believe it a duty I owe to my country, and to buma. are without cover, and therefore exposed to rain, snow, nity, to remark that whatever may have been anticipated and inclement air; 2nd—where no inducement exists, from the effects of solitary confinement under the pre- as in the case of labour, it is believed the opportunity sent arrangement, the practical operation is not in ac- will not be resorted to by the convicts; and 3d-in concordance with the principles upon which the penitentia- sequence of the construction of the yards, it is supposed ry system of punishment was established. Whether it is that the convicts will be out of the reach of inspection, the climate, the construction and ventilation of our cells, and will be able to hold conversation with each other, or from what other cause, I am unable to say; but from as we shall show more fully hereafter. a fair experiment nothing has presented itself to my ob 3. A third objection to the system of solitary confineservation, (since I have had charge of this institution,) ment without labour, arises from the effect it produces more destructive to the health and constitution of the upon the habits of the convict, and his ability to pursue convicts than six months close and uninterrupted soli- an honest calling after his discharge froin imprisontary confinement upon their first reception into the pri- ment. son. The scurvy and the dropsy are the diseases most We will suppose that a convict has passed his allotted prevalent; a demonstration of this fact is known to you, period of one, two, three or four years within the walls from the frequent application to the proper authorities of his cell, without having pursued any species of lafor their removal from the cells to the hospital, and the bour; and, that, (contrary, as we think to all probabililength of time remaining there, debilitated and emaciat. ty) he leaves it in as good a state of health, and with ed by these distressing maladies, before they are in a equal powers of body and mind, as when he went in, it condition either to be returned to the cells or put to any is important nevertheless, we think, to ascertain with regular business.”
what habits and dispositions he is likely to re-enter socieThe intelligent superintendant of the Virginia prison* \ ty. We have already had occasion to remark, in conhas favoured us with his opinion on this subject, which is nection with this subject, upon the influence of the haentitled to great consideration in consequence of the bit on the springs of human actions. No one who has experience acquired by his official situation. We make had an opportunity to make the observation can doubt, the following extracts from his communication to us: we think, of the paramount power of habits of idleness.
“There is perhaps no punislıment that can be devised, No one but must be sensible how difficult it is with the better calculated to keep vice in check, than solitary best intentions to regain the facility of industrious laconfinement; but how far this should be extended con- bour, which, even a short time passed in idleness has dissistently with the principles upon which the penitentiary organized. With this knowledge of the human consti. system was originally established, is a subject which has tution, it is not difficult to anticipate the consequences called forth a diversity of opinions. To be close and un to a convict, of even a single year of utter idleness, and interrupted, (as far as my experience goes,) will destroy inaction. Whatever may have been the previous habits the constitutions of seven-tenths of those on whom it is in- of the individual, it is to be feared, that the time thus flicted, and kill many. To confine for limited periods, spent, will unfit him in more ways than one, for those and then associate them together, will destroy all the industrious and laborious pursuits necessary to virtuous moral effect the confinement has had on the convict; to success in life. Even in the case of the most active and confine separate, and to work at the same time, (by which industrious, who had been previously educated to, or, the health is preserved) is perhaps the best plan; but had pursued some honest calling, it is believed that the the kind of work that they can do alone would be so dominion of indolence would be found predominant. unprofitable, that I doubt if any would pay the cost of But, in point of fact, we understand that of the tenants the materials except shoemaking, which, in a close room of our penitentiaries a large proportion consists of perwould aid the confinement in destroying the constitu- sons who have never adopted honest labour, in any pur. , tion of the prisoner. One of the great objects of the suit, as the means of obtaining a livelihood. Of 522 conpenitentiary system of punishment, is to put the offender victs in the state prison in the city of New York, in 1810, in a condition that may enable him to be useful to him- it appears that 218 had no particular calling or occupaself. If this is not desired at the present day, and the tion. In the Auburn prison, the whole number of cononly object ht is to place him where he has no pow- victs received from the commencement amounted on the er to injure society, then the close and uninterrupted 1st of October, 1826, to 997, of whom only 365 had been solitude is the plan. While in this condition, society is engaged in any mechanical occupation. If we suppose as safe as if the offender were dead. Upon being dis- one half of the number of convicts in our penitentiaries charged society would in a great degree be secure, few to be destitute of the knowledge of any useful trade or would have the strength to do much injury, because of art, it strikes us as affording a strong objection to the their broken-down constitution: the public would have system of solitary confinement without labour, that it
sends them out into the world without the means of Mr. Samuel P, Parsons, a member of the society of earning an honest maintenance. Let us suppose the Friends,
case of a solitary convict discharged without money,
friends, habits of industry or the capacity of pursuing vided into 24 townships, and contains a number of fou. any business. We will suppose a so that solitary reflec- rishing towns and villages, among these are York, Frystion, or a course of religious instruction within the pric town, Buttztown, Hanover, Schrewsbury, Wrightsville, son has reformed his disposition, and inclined him to Liverpool, New Holland, Strinestown, York Haven, prefer virtue to vice, and the honest profits of labour to Newburg, Newmarket, Lewisburg, Dillstown, Dover, the quicker gains of fraud; yet, surrounded by tempta- Mechanicksburg, Jefferson, Franklin, Rosstown, and tion, and pressed perhaps for subsistence which he has Weiglestown, besides some other villages of less no means of obtaining by his own labour, it will not be note, &c. This county is finely watered by having matter of surprise if he relapses into his former train of the noble Susquehanna flowing along the greatest evil doing. Let us remark, too, that unless the habits length of the county, the several branches and are radically affected; unless a course of industry is smaller streams discharging themselves into the great worked into the grain of the convicts life, the impression Codorus, the Conewago and Yellow Breeches, and these produced by the course of reflection on solitude for together with the Muddy creek, Fishing and Beaver which so much good has been anticipated, will probably creek, Creutz creek, Cabbin branch, Canadochly creek, be of short duration. In the gloom and solitude of a and Otter creek, besides some of smaller dimensions, ali cell, promises of amendment will doubtless be often fowing nearly in an easterly direction, and discharging made, and in some cases perhaps seriously intended to themselves into the Susquehanna river. The Codorus be performed. But, he has taken only a superficial creek is a fine and noble stream flowing through the view of human nature, who believes that such intentions town of York; some of the enterprising citizens of York are likely to withstand the influence of the passions, and having made some efforts of improving the navigation of of example, when the convict comes again to mix in this stream, &c. The natural productions of this county the world, without resources or employment, and at a are iron and marble, of an excellent quality, &c. Agriperiod of life when mere impressions are not likely to culture is carried on to a great extent, and the producbe very permanent. Of 997 convicts in the Auburn tions are chiefly wheat, rye, corn, hemp, fax, tobacco, prison, no fewer than 585 were under the age of 30 and cloverseed, and also peach and apple brandy, rye years; and it follows that about the same proportion was whiskey and country gin are distilled in large quantities, discharged at that critical period of life. We see great and the manufacturing of flour is carried on very extenreason to fear, therefore, that very serious consequences sively; the trade is chiefly carried down the Susquehanwill ensue the discharge of convicts from confinement in na to Baltimore. The articles of trade are iron, wheat solitude without labour. A very respectable member Aour, hemp, flax, tobacco, cloverseed, whiskey, and of the British parliament, who has paid great attention pork, &c. to the subject of the prison discipline, has the following
The cultivation of the vine has also been carried on in passages in one of his writings, the soundness and this county with considerable success, but as yet being truth of which, we think must be apparent to the le- in its infant state, and owing to the inexperience genegislature.
rally in this county in manufacturing the juice of the Besides the rights of the individuals, there are duties grape, the perfection thereof is somewhat retarded in the to the community., Parum est improbos coercere poena, progress of manufacturing the wine in its pure state to nisi probos efficias disciplina. One of the most import- perfection. ant of these duties is, that you should not send forth the
I will also enumerate the most important public imman committed to your tuition, in any respect a worse provements erected in this county, which are as follows, man, a less industrious, a less sober, or a less competent viz. First, of man, than when he entered your walls. Good policy
Furnaces. requires that, if possible, you dismiss him improved.
We have thus stated the principal advantages which Margaretta furnace, situated eleven miles east from have been supposed to arise from the system of solitary the town of York, and three miles west of the Susqueconfinement without labour, and the objections to which hanna river, in the valley of Canadochly in Windsor it has appeared to us to be liable. And upon the whole, township, on the Cabbin branch. This furnace is nearwe feel assured that the legislature will concur with us ly new, and has been in blast two years; the ore bank is in the opinion, that the inconveniences and dangers immediately at the works, the coaling is also convenient, which seem to be inseparable from the system, greatly and capable of making upwards of 2000 tons of pig meoutweigh the benefits that are expected from it. tal and other castings annually. The property of Henry
Y. Slaymaker, & Co. • Inquiry into prison discipline, &c. by Thomas Fo. A steam furnace, situated in the town of York, where well Buxton, 2d edition p. 18.
all kinds of castings are made, &c. The property of Is. [To be continued.]
Codorus forge, situated 7 miles north east of the town
of York, near the Susquehanna, on the Codorus creek. The subjoined account of York county has been re This forge manufactures about 400 tons of bar iron anceived from a correspondent. We hope others will be nually; being the property of Henry B. Grubb's
Heirs, &c. &c. induced to follow his example, and forward to us similar
Spring forge, situated 5 miles south west of York, on information from each county.
the Codorus creek, and is capable of making about 350 York County, March 26th, A.D. 1828.
tons of bar iron annually; being the property of Thomas
B. Coleman. York county is situated along the southern border of this state, and bounded on the south by the Maryland
Castle Finn Forge, situated 28 miles south east of line, due east and west, and extending along the said York, near the Susquehanna river, and about 3 miles line in length 43 miles, on the east by the counties of Chanceford township; this fu.nace being newly built,
from Maryland line, on the Muddy creek, in Lower Lancaster and Dauphin, along the western shore of the and only in operation about one year, and capable of Susquehanna river, in length 51 miles, on the north by manufacturing about 400 tons of bar iron annually; and Cumberland county, in length 18 miles, and on the west by Adams county, in length about 28 miles, covering an
being the property of Thomas B. Coleman. area of 900 square miles, containing 576,000 acres of
Tilt Hammers. land, &c. The population, according to the census of A tilt hammer, situated on the Codorus creek, 3 miles 1820, was 38,759, the valuation of property as by the from York, where iron articles are manufactured from late assessments, is about $360,000. * This county is di- the bar to a large extent, owned by Michael Weidman.
STATE MOUSE BELL.
One tilt hammer, situate on Little Codorus creek, 4 As we have experienced thy readiness to serve this miles from sork, where iron articles are made from the province on all occasions, we desire it may be our exbar very extensively, and owned by Abraham Musser. cuse for this additional trouble, from Also a tilt hammer, situated about 30 iniles from York,
Thy assured ffriends, on Rock run, in Peach Bottom township, where all
Isaac NORRIS, kinds of iron articles and cutleries in a very extensive
Thomas LEECH, way are manufactured from bar iron, and being the
EDWARD WARNER. property of Joseph B. Wiley, &c.
Let the package for transportation be examined with In the town of York there is one steam mill, carding particular care, and the full value insured there. machine, and other machinery propelled by steam, the property of James B. Wells.
Nov. 4, 1751. Also a steam mill some distance from York, built on our state house, in which is a bill of exchange for £100
I have enclosed a letter from the superintendants of a very superior plan; the property of John Mumma.
Aug. 9, 1752.
I mentioned in my last some glass we would request STATE HOUSE BELL, &c.
thee to procure for the state house. The middling sort will come at about 10d sterling a foot, and this sort we
choose; please send us 400 squares or lights of this sort, The following correspondence has been extracted, by 10 in. by 16, and half a box of 84 full by 114 bare. We permission of Joseph P. Norris, esq. from the letter- are looking for the bell daily. book of Isaac Norris, one of a committee to procure from
Sept. 1, 1752. England, a Bell, &c. for the State House; the letters the state house. The bell is come on shore and in good
I have before me thy letters to the superintendants of were addressed to Robert Charles, of London, and eso order, and we hope will prove a good one, for I have hibit all the facts relative to its history, which, from its heard that it is approved by all hitherto, though we bare connexion with the important events of the revolution, not yet tried the sound; we are making a clock fer it of has assumed a consequence, and created an interest, our own manufacture, which we expect will prove bet. which under other circumstances would not have been when once they had it put out of their hauds, they bave
ter than any they would send us from England, where, given to so trivial an object. The fact of being unable done with it; but here the workman would be made to procure a bell and glass for the State House, in this very uneasy if he did not exert his utmost skill, as we do country, shows that much less progress had been made not stint him in the price of his labour, The superinin manufactures and the mechanic arts, than one would for thy care in procuring us so good a bell, and we may
tendants of the state house, by me, return their thanks have expected, at the end of seventy years from its set. hereafter join in a letter for that purpose. tlement, and especially in a city characterised, in many
March 10, 1753. other respects, by so much of the spirit of improve. In that letter (above) I gave information that our bell ment. The Clock, it appears from the letters, was made was generally liked and approved of, but in a few days in this city, as also was the bell, which was at first used in was cracked by a stroke of the clapper without any
after my writing I had the mortification to hear that it the steeple, and perhaps also on the 4th of July 1776, but other violence, as it was hung up to try the sound; of this we are not certain, as a second bell was imported though this was not very agreeable to us, we concluded from England; but this not differing much from the one to send it back by Capt. Budden, but he could not take made in this city, the probability is that the last conti- took to cast it here, and I am just now informed they
it on board, upon which two ingenious workmen under. nued to be used.
have this day opened the mould, and have got a good November 1, 1751.
bell, which I confess pleases me very much that we
should first venture upon and succeed in the greatest Respected friend Robert Charles,
bell cast, for ought I know, in English America. The The Assembly having ordered us, (the superintend mould was finished in a very masterly manner, and the ants of the state house) to procure a bell from England, letters, I am told, are better than in the old one. When to be purchased for their use, we take the liberty to ap- we broke up the metal, our judges here generally ply ourselves to thee to get us a good bell, of about two agreed it was too high and brittle, and cast several little thousand pounds weight, the cost of which, we presume bells out of it to try the sound and strength, and fixed may amount to about one hundred pounds sterling, or upon a mixture of an ounce and a half of copper to one perhaps with the charges something more, and accord pound of the old bell, and in this proportion we now have ingly we have enclosed a first bill of exchange by John it.
Our glass we now begin to want and expect, as the Porsin & Son on Messrs. Thomas Flowerden & Co. for new room we have added to the state house, and which £100 sterling. We would have chosen to remit a larger we design for the committees and our books, is near bill at this time, but will take care to furnish more, as
finished. soon as we can be informed how much may be wanted.
April 14, 1753. We hope and rely on thy care and assistance in this A native of the Isle of Malta, and a son of Charles affair, and that thou wilt procure and forward it by the Stow, were the persons who undertook to cast our bell, first good opportunity, as our workmen inform us it will they made the mould in a masterly manner and run the be much less trouble to hang the bell before their scaf. metal well, but upon trial, it seems they have added too folds are struck from the building where we intend to much copper in the present bell which is now bung up place it, which will not be done till the end of next in its place, but they were so tiezed with the witticims summer or beginning of the fall. Let the bell be cast of the town, that they had a new mould in great forby the best workmen, and examined carefully before it wardness before Mesnard's arrival, and will be very soon is shipped, with the following words well shaped in large ready to make a second essay—if this should fail, we letters round it, viz. By order of the Assembly of the Pro- will embrace Lister's offer and send the unfortunate bell vince of Pennsylvania, for the State House in the city of again to him by the first opportunity. Philadelphia 1752. And underneath, “Proclaim Liberty
November 8, 1753. through all the land to all the inhabitants thereof."-Levit. We got our bell new cast here and it has been used
some time, but though some are of opinion it will do, I
own I do not like it-if therefore Sister will cast us ano For the prosecutor, H. J. Williams, Esq.-for the de. ther upon the terms he formerly proposed, that is two fendant, J. O‘Daniel, Esq.-U. States Gaz. pence a pound for re-casting and send it at our risk, for which we will pay the insurance there, I will engage to
Insolvent Court. return the present bell by the first opportunity—this An interesting case took place in the insolvent court, proposal to a bell founder, who must always have a March term. A boy of eight years of age, named John quantity of metal in stock, cannot I should think, make Deal, an applicant for the benefit of the law, came formuch odds, and I have an inclination to compare the ward to be discharged. The only creditor was the comsounds. If he accepts of these terms for which I will monwealth, for costs in a criminal action of assault and engage, he may cast the bell as soon as he pleases, and battery. Judge King suspended his discharge, from then we must depend upon your care in shipping it by motives of humanity until the case could be investigated; first good opportunity.
not being willing to allow so severe a stain to attach to
May 3d, 1754. character. After inquiry, the county commissioners Upon my return frors this journey (to Albany) I shall agreed to pay the costs, and the petition was laid over. make the necessary provision for the cost of our bell, for It is believed that so young an applicant was never
known before in Pennsylvania. we have not yet concluded, whether to send back our old bell and pay for the casting or to keep them both, opposed and the remaining 128 discharged before 12
Same Term.—There were 178 applicants, 50 were as the difference in comparing them is not very great.
May 8, 1754. In the Pennsylvania Packet, June 7, 1753, we find
Canal Memoranda. the following notice, “Last week was raised and fixed The first canal boat that left this city for Middletown, in the state house steeple, the new great bell, cast here was the Fair Trader, Capt. Smith. She left the wharf by Pass and Stow, weighing 2080 pounds, with this mot- of D. W. Wentz & Co. at Schuylkill Vine street, with a to, “ Proclaim Liberty through all the land to all the in- load of fish, belonging to Mr. Hood Irving, merchant of habitants thereof."
this city. On aproaching Middletown, on the 23d ult.
the boat was met by a very large concourse of citizens, MAYOR'S COURT.
who accompanied her up to the town-being the first Commonwealth
boat that arrived from the city at that place. The Dau
March 26, 1828. phin arrived the day following. The consignees at MidWilliam McClung
dletown, Messrs. M'Nair & Rogers, acknowledged the This was an extraordinary case in the law of nuisance; arrival of their merchandize, by forwarding to the shipthe indictment charging the defendant with keeping a pers in this city, a generous cask of real Monongahela. furious and dangerous dog, to the annoyance and fear of the neighbourhood and passers-by.
The Dolphin was the first boat that arrived at PhilaThe evidence was nearly this: For four years, Mr. delphia through the Union Canal. The cargo brought McClung, who lives in Pine near Second street, has had by the Dolphin was upwards of 22 tons, and in the a dog, kept as a watch dog to guard his premises, the quickness of her passage she appears to have emulated witnesses differed as to his real character, some asserting the celerity of the beautiful fish, her namesake,as it is bethat he was a vicious, others, a docile creature. It was lieved she made the quickest passage from Reading here clear that he had bitten several persons; as many as six- of any loaded boat that we know of. She left Reading teen distinct bites were given in evidence; and among at 2 o'clock in the afternoon, and arrived at Philadelphia the rest, none suffered more severely than Mr. Irving's at 4 o'clock next day. family, in that neighbourhood. Several children were This short passage may be partly attributed to the betproduced, and proved that they had been assaulted and ter construction of the Union Canal boats; they being bitten by the dog, some while passing the house, others very long, and only 8 feet wide, enables them to be paswhile in Mr. McClung's shop. It was the habit of Mr. sed through the water, with less resistance, and a much McClung to keep the animal chained while in his shop, lighter draft to the horse. on week days, but sometimes he would let him go abroad, and always on Sunday, he gave him his liberty. It is stated from good authority, that the Chesapeake Mr. Irving requested the defendant to keep him con; and Delaware Canal is rapidly advancing to completion. stantly chained, and murmured about the dangers and On 27th ult. the packet sloop Lady Clinton passed fears of the neighbourhood; the defendant refused to do along the canal from the Delaware to the wharf near the so, and said that he could keep him at home on week summit bridge, with a large party of persons; the disdays, because the Mayor would kill him if he went tance is considerably more than half the length of the abroad, but on Sundays, dogs were allowed to range canal, and the work is complete to within three miles of freely, and so should his. Mr. Irving, after this answer, the same point from the Chesapeake, although the wacommenced the prosecution, and shortly afterwards the ter has not been let in west of the summit. The amount defendant sent his dog away.
of excavation remaining to be done at the deep cut is The defence set up was predicated on the testimony comparatively very small; the banks through the St. of several of the neighbours, who testified that they did George's meadows have ceased to sink; and the walling not fear the dog; that he did not annoy them; that he of the sides, though much remains to be done, is advancwas a docile dog, except when vexed or chafed; and ing with all speed. Mr. Dexter, the contractor for the that he guarded McClung's house against depredation, western portion, expects to finish his work entirely in and also an adjoining stable yard. It was also urged June; and confident expectations are entertained of the that the offence was not indictable criminally, but only completion of the whole canal early in the autumn.recoverable for, in damages, in a civil proceeding. Nat. Gaz. The Recorder, Judge Reed, after stating the facts to
Auction Duties. the Jury, in a clear manner, distinctly laid down the law The followiing is a statement of the duties paid by the in favour of supporting the indictment; that it was an in- auctioneers, for the last quarter: Jictable offence to keep, and to allow to go at large, R. F. Allen $6,351 68|J. F. Lewis $1,781 68 any dangerous, ferocious, or biting animal, to the annoy. M. Gillingham 5180°91 s. Wagner 653 96 ance and terror of the neighbourhood or the public. S. C. Ford
3567 73 M. Thomas 594 62 The Jury, after a short interval, gave in a verdict of J. Jennings 2688 000G. W. Richards 235 95, "QUILTI." The novelty of the question, and its gen- M. Nisbet 2231 78 T. B. Freeman 201 65 eral importance, imparted an interesting character to the P. Graham 1892 94 J. D. Goodwin 23 96 discussion and decision of it.
J. Lippincott 1857 891