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waiters, searchers, inspectors, &c. with large salaries, are sent over to collect the duties. This apparatus evidently proves that this is only the beginning of the taxes and imposts which the parliament intends to levy on America. And what renders this mode of taxation and these impositions still more grievous and insupportable, is the purpose for which they are intended. The monies arising from these taxes, duties, and imposts, levied from us without our consent, the ministry are empowered to apply, (as they are by the act expressly mentioned to be intended) for the payment of the salaries of governors, judges, and other officers appointed by the crown, and removeable at its pleasure; and for protecting, securing and defending his Majesty's dominions in America. Thus are the people of the colonies degraded from the rank of freemen, and reduced to the level of slaves. They have nothing now they can call their own. Their money is taken from them without their consent. The produce of their toil is at the disposal of others, to whom they never entrusted the power, and over whom they have no control. Justice is administered, government is exercised, and a standing army maintained at the expense of the people, and yet without the least dependence on them. Nay, the money, which we have earned with sweat, and toil, and labour, being taken from us without our consent, the minister has begun to give away in pensions to those venal slaves, who have shown a readiness to assist in riveting the chains upon their brethren and children.

The enlargement of the powers of the admiralty court, which they have been so careful by sundry acts of parliament to correct, limit and restrain in England, might be adduced to prove that, in the opinion of the ministry,the Americans are not entitled to the same privileges with the freemen of Britain.*

But what evinces the abjectness of our state above every thing else, is the late ministerial mandate, by which it seems we must bow our neck to the yoke, without uttering one groan, though our hearts are bursting with indignation, and our souls are goaded with the most tormenting reflections upon recollecting what we once were. Our complaints and humble supplications are considered as "factious and of a dangerous tendency." Our calling upon each other to unite in dutiful petitions, that we may be allowed the privileges of freemen, is deemed a "flagitious attempt to disturb the public peace." And our assemblies (which indeed by the late acts of parliament are rendered in a manner

[AUGUST

useless) are threatened with dissolution, if they do not "resent this attempt," or if they dare to unite in the measure.

It is not enough that we are attached to our king by principle and by affection, in this we yield to no inhabitants of Britain. "America is yet untainted with rebellion and plots, notwithstanding we have been reviled as traitors and rebels, in the British senate. Our loyalty to our king, and attachment to his person and govern ment, is firm and unshaken. But a new kind of loyalty is required of us; a loyalty to a British parliament; a loy alty that is to extend to a surrender of all our property, when a British house of commons, in which there is not a single member of our choosing, shall think fit to give and grant it without our consent," and to a surrender of life, liberty, and that portion of wealth, which the British commons shall please to leave in our hands, whenever the arbitrary courts set over us, shall adjudge us to have forfeited them. No wonder then if a new kind of loyalty is enforced, by a new kind of penalty, or of being reduced to the rank of slaves, the first opportunity is taken to strip us of the powers of legislation, the hon. ourable badge of freemen.

It is needless to anticipate your reflections by an enumeration of the calamities that must ensue from the execution of such a plan as is now laid open; every man's reason will easily point out to what an abject state of slavery we must be reduced, and what a weight of ministerial power we must feel, when our property is taken from us without our consent, and we are to be bound by laws made without our concurrence, and which do not in any wise affect those who make them; when armies have seized our towns, fleets of men of war have blocked up our harbours, swarms of custom-house officers have ruined our trade, by enforcing the edicts of our masters; when arbitrary courts, with supple judges, wholly dependant on the ministers, are set over us; when the grossest misrepresentations of placemen, pensioners, and ministerial tools are encouraged, and lis tened to with attention, while the cries and petitions of the people oppressed, are discountenanced, suppressed, and not suffered to reach the royal ear; and in fine, when our assemblies, the best bulwark of our liberty, and the only defence we have against the oppressions of the officers of the crown, are taken away and abolished.

The house of representatives of the Massachusett's Bay, who nobly stemmed the torrent, have felt the weight of ministerial power, and have suffered dissolution for boldly defending our rights. Maryland is threatened with the same; in the mean time the minister has undertaken that the government shall be supported without them. Virginia, Maryland, the Carolinas and Georgia, together with the eastern governments are awakened, and exerting themselves in defence of their rights.

By two statutes of Henry the 8th, (viz. 27 H. 8th, ch. 4th and 28th, H. 8th, ch. 15th,) a commission of oyer and terminer, is ordered to issue out of chancery, directed to the judges of the Admiralty, and others, to inquire of and punish marine felons, according to the course of the common law, that is, by a jury; and by a modern' statute, (viz. 2 Geo. 2, ch. 21) if any one be feloniously stricken, or poisoned upon the sea, and die While all around are thus struggling for liberty, and at sea, or beyond sea, the fact is made triable in any ready to sacrifice every thing for the common cause; county, according to the course of the common law; let us also rouse and join in the glorious effort to mainbut by sundry acts, (viz. 11th and 12th, Wil. 3, ch. 7-tain those rights, which the God of nature has bestowed 6 Geo. 1, ch. 19-8 Geo. 1, ch. 24,) sea felons are to be tried in the colonies before a bench of judges, appointed under the great seal, or seal of the admiralty, according to the course of the admiralty that is, without a jury; and the charters of the provinces are set aside as far as they interfere with this court; nay the execution of the laws of trade are referred to it; and even the penalties imposed on such persons, as destroy his Majesty's pine trees in America, are recoverable in the admiralty, (see stat. 7 and 8 Wil. 3, ch. 22; 5 Geo. 2, ch. 24; 6 Geo. 2, ch. 13; 8 Geo. 1, ch. 12; 2 Geo. 2, ch. 35,) and by a most extraordinary statute passed the last session of parliament, for erecting three admiralty courts on this contiment, each to have jurisdiction over two or more provinces, the constitutional superintendency of the common law, over the civil, is evaded, there being no court of king's bench, in America, of equally extended juris

diction.

upon us, and to which we are entitled as freemen, and British subjects. Let us ever remember that it is the right of subjects, when they find themselves aggrieved, to petition the king, and that "all commitments and prosecutions for such petitioning are illegal," and that all threats and acts to prevent it are arbitrary and tyrannical. Let us, therefore, while yet we have represen tatives, apply to them and instruct them to unite with our brethren in the other colonies in the common cause, and by dutiful petitions to our sovereign, and every other constitutional measure, which they think proper, endeavour to obtain a repeal of those acts of parliament, which we cannot but deem injurious to our rights, and destructive of our liberty.

To conclude, in the words of our patriotic Farmer, to whom we and every American are so much indebted for his timely and spirited defence of our rights and

1831.]

LIABILITY OF A COUNTY FOR COSTS.

liberties, let us remember that "our vigilance, and our union are success and safety, our negligence and 'division are distress and death; they are worse-they are shame and slavery. Let us equally shun the benumbing stillness of overweening sloth, and the feverish activity of that ill-informed zeal, which busies itself in maintaining little, mean, and narrow opinions. Let us with a truly wise generosity and charity banish and discourage all illiberal distinctions, which may arise from differences in situation and modes of religion. Let us consider ourselves as men, freemen, christian freemen, firmly bound together by the same rights, interests and dangers. Let us keep our attention inflexibly fixed on the great object, we must constantly regard, in order to preserve those rights, promote those interests, and to avert those dangers."

121

"necessary that all possible care should be taken, that the representations of the several assemblies, upon so delicate a point, should harmonize with each other." This behaviour of that truly respectable house, so prudent with regard to themselves, so affectionate with regard to other Colonics, and so loyal with regard to our gracious Sovereign, is represented in ministerial lan guage, as a "measure of most factious tendency, and a agitious attempt to disturb the public peace." Nor have these reproaches satisfied the resentment of the administration. The House of Representatives has been required "to rescind the resolution that gave birth to the circular letter;" and because they have magnanimously refused to betray the liberties of these Colonies, they have been dissolved in an insulting manner. Besides this, the Assembly of Maryland has been prorogued "Let these truths be indelibly impressed on our by their Governor, in obedience to a ministerial order; minds, that we cannot be happy without being free; because they could not be prevailed on to "resent and that we cannot be free, without being secure in our treat with contempt" the letter from the Speaker of the property; that we cannot be secure in our property, if, House of Representatives of the Massachusetts bay. without our consent, others may, as by right, take it These measures excite in our minds the strongest away; that duties laid for the sole purpose of raising sense of PUBLIC DANGER. On the one had, we hear money are taxes; that attempts to lay such duties should claims set up destructive to our rights; on the other, be instantly and firmly opposed; that this opposition can threatenings uttered if we offer to oppose those claims. never be effectual, unless it is the united efforts of these But as no ministerial rhetorick can persuade us that a provinces; that therefore benevolence of temper towards denial of the authority of Parliament, in cases pernicious each other, and unanimity of counsels are essential to to liberty, is to "subvert the principles of the constituthe welfare of the whole; and lastly, for this reason, tion," or that to be deeply sensible of oppressions, humevery man amongst us, who in a manner would encou-bly to complain of them, and peaceably (though jointly) rage either dissention, diffidence or indifference between these colonies, is an enemy to himself and to his country."

The instructions to the Representatives of the City and County of Philadelphia, having been generally signed by the Freemen of said City and County, were delivered on Saturday last to Joseph Galloway and James Pemberton, Esquires, to be by them communicated to their brethren, and are as follow:

PHILADELPHIA, July 30, 1768.

To the Representatives of the Freemen of the City and
County of Philadelphia.

GENTLEMEN-We observe that duties for the sole and express purpose of raising a revenue, have been lately imposed by acts of Parliament, upon several articles of commerce, imported into these Colonies. This we consider as an infringement of our natural and constitutional rights-It is a taxation of us by persons who do not, and cannot represent us. Such a taxation, therefore, takes away our money without our consent, and if Parliament can do this legally and of right, it must follow of undeniable consequences, that we have no property, and that all we possess belongs to others, whose sovereign pleasure must determine how long we shall be indulged in the use of those things, which our own labours, and our own cares have acquired and saved.

A doctrine so destructive of property, liberty and happiness, we cannot but deem in the utmost degree unreasonable and unconstitutional, and being asserted by so august a body as the British Parliament, it strikes us with surprize, affliction and apprehension, all which are greatly increased by the violence of other measures. Not long since we beheld a sister Colony deprived of her legislative power for no other offence, than for daring to exercise her judgment on a point confessedly within her own jurisdiction; and for refusing to put her self to a considerable expense, in obedience to an act of Parliament. A treatment severe to the immediate objects of it-dangerous and alarming to others-but this we perceive is not to be the utmost extent of American servitude.

The House of Representatives in the Province of Massachusetts-bay, roused by the common danger, candidly and wisely communicated their sentiments and proceedings to the other assemblies on this continent; it being VOL. VIII.

16

to seek redress of them, is a "factious and flagitious attempt to disturb the public peace;" we therefore do, in the most earnest manner, call upon you to exert yourselves at the next meeting of assembly, for procuring a cordial union in sentiments and measures with the other redress of our present grievances; and for promoting a Colonies, on which union alone, the happiness of the whole undoubtedly depends.

We recommend it to you to exert yourself as soon as the house meets, that a petition to his Majesty, a memo

rial to the House of Lords, and a remonstrance to the House of Commons, be immediately drawn up and transmitted home. Too much dispatch cannot be used at this important crisis; as we are fully persuaded, that nothing is so likely to overwhelm the Colonies with calamities, as an appearance of disunion among them. In those addresses, we desire you to express, with all possible force of language, our loyalty to his Majesty, our firm attachment to the British constitution, and our affection to the people of the parent country. That we value and revere the connexion between her and us above every thing but religion and liberty, that we know it is the band of peace and prosperity, that, influenced by these sentiments, we ever have been, are, and always shall be ready and willing, upon every just occa sion, to demonstrate our loyalty and duty, by every method in our power. But, with equal zeal and firm. ness, are immoveably resolved to assert and maintain the inestimable rights and liberties given to us by Gon, and confirmed to us by the constitution.

LIABILITY OF A COUNTY FOR COSTS.

To the citizens of Bradford County:

Appended to the annual report of Receipts and Exdenditures of the county, made in February last, were a few remarks of curs respecting the liability of the county to pay costs in commonwealth suits:-We were not able at that time to form an opinion satisfactory to ourselves as to the liability of the county in all cases; and believing it a subject of importance to every citizen of the county, both in his individual capacity and as a member of community, which ought to be generally understood: we have taken much pains to satisfy ourselves upon the subject.

In addition to our own research, we have consuited legal counsel, whose opinion coincides with our own,

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LIABILITY OF A COUNTY FOR COSTS.

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OPINION OF ELLIS LEWIS, ESQ. ON QUES-
TIONS OF COSTS.

To the Commissioners of Bradford County:

GENTLEMEN—The subjoined opinion is given in answer to your inquiries relative to the liability of the county for the costs of prosecution in criminal cases.

By the common law the King, and since the revolution the Commonwealth, neither received nor paid costs in criminal prosecutions,but in such cases the defendant whether acquitted or convicted was obliged to pay the costs before he was discharged from his recognizances or let out of prison; 1 Chit Crim. Law, 671-5, 1 S. &R. 509. This was a series hardship upon the defendant in case of acquittal, for which his remedy was an action against the prosecutor for the malicious prosecution. The county is to be regarded as standing in the place of the commonwealth in this particular, and is not liable, at common law, for the costs of prosecution in any case, al though claims resting upon courtesy, discretion, and the practice of particular counties have frequently been allowed; 1 S. & R. 505, 6 Smith 229-30. Whenever, therefore, the county is sought to be charged with the costs, the claim must be sustained by some act of assembly, otherwise the county is not liable.

By the act of 23d Sept. 1791, (3 Smith 40 to 44) an important alteration was made in the common law in this particular. The county, by this act, was subjected to the payment of costs of prosecution in proceedings to outlawry; on bills returned ignoramus by the grand jury: in cases where persons were brought before a court or magistrate having jurisdiction of the case on charges of being runaway servants, or slaves, or of having committed crimes, and such charges on examination appear to be unfounded; and, if the defendant hath not property sufficient, in all cases where any person shall be convicted of any offence which shall be punishable capitally, or by imprisonment at hard labour. It will be perceived that the "examination" here spoken of refers to those preliminary inquiries necessary for the removal of runaway servants or slaves, and for bringing those accused of crimes to trial, and which are termed in legal phraseology, "examinations." It is also to be noticed that the provision in this act for payment of costs on conviction of capital cases, and where the punishment is imprisonment at hard labour, is only operative on the county where the defendant hath not property sufficient.

cases.

[AUGUST

invalid. But the Legislature on the 28th March, 1805,
and on the 29th March, 1809, (Purdon 358) declared
it in force and made it perpetual. After three solemn
declarations of Legislative will, it would be indecorous
to disregard the provisions of the act of 1804. As the
law stands, under this act, all parties concerned, in cœ-
ses under the degree of felony, have a right to require
a decision of the jury upon the liability to costs, before
any liability accrues. It is the decision of the jury
which creates the liability, and without it there is noth-
ing upon which to found a claim for costs. The law of
1804 must be regarded as repealing all former laws so
far as they are inconsistent with the provisions by which
the jury were required to decide upon the liability to
costs. In all such cases the language of the legislature
is imperative-it is not left optional with the jury to de-
cide or not-the statute says they "shall determine.”
If they omit to do so, in cases requiring such a deci-
sion, I am not aware of any law requiring the county to
pay the costs of such proceedings. The law repealed
by the act of 1804 would afford no rule for the govern-
ment of such cases. The Legislature will not be pre-
sumed guilty of so gross a reflection upon courts and
juries as to have left in force old laws to provide for ca-
ses where these tribunals disregard the provisions of
the new.
1 S. & R. 509-4 S. & R. 542-12 S. & R.

95.

By the act of 28th March, 1814; (Purd. 281) in case of a conviction in any court of Oyer and Terminer, Quarter Sessions or Mayor's Court, all costs shall be paid by the parties convicted, but where such party shall have been discharged according to law, without payment of costs, the same shall be paid by the county. In cases of surety of the peace the costs shall be paid by the defendant, the prosecutor, or the county, as the court shall direct. In the opinion of an eminent Justice of the Supreme Court this act extends to cases where, after a verdict of guilty, the defendant is discharged under the insolvent laws, or by arresting or reversing judgment, or by a pardon before sentence--12 S. & R. 95. In giving the opinion of Judge Duncan as a rule which will doubtless govern the commissioners, I deem it proper to remark that the opinion was an obiter dictum, upon matters not directly before fim, and that it is still open for argument whether the act extends to convictions which are reversed, annulled, and holden for none," and which leave the defendant liable to further prosecution for the same offence, and, under particular circumstances, on the same indictment.

From the view here taken of the law, it appears to me that the county is liable for the costs of prosecution in the following cases only:

1. In proceedings to outlawry-(unknown in prac tice.)

3. In cases of conviction for offences which shall be punishable capitally or by imprisonment at hard labour, if the defendant hath not property sufficient.

4. In all cases of felony where the bill is returned ignoramus.

5. In all cases of felony where there is an acquittal by the traverse jury.

2. In examinations before Justices, &c. where the As the act of 1791 did not extend to acquittals by the charge of being a runaway servant or slave, or of hav traverse jury the act of 20th March, 1797, (Purdoning committed a crime is ascertained to be unfounded. 357) subjected the county to payment of costs in such But experience having proved that the act of 1797 had a tendency to promote litigation, inasmuch as it enabled restless and turbulent people to harass the peaceable part of community with trifling, unfounded or malicious prosecutions at the expense of the public, the act of 7th December, 1804, (Purdon 357) after reciting these mischiefs of the former law, declared that all prosecutions, cases of felony, only, excepted, if the bill or bills of indictment shall be returned "ignora mus," the grand jury who return the same shall decide and certify whether the county or the prosecutor shall pay the costs of prosecution; and in all cases of acquit tal by the petit jury, on indictments for the offences aforesaid, the jury trying the same, shall determine by their verdict, whether the county or the prosecutor, or the defendant or defendants shall pay the costs of prosecution; and the jury, in case they direct the prosecutor to pay the costs shall name him or them in their return or verdict. This act met with opposition from the Governor, and, in some instances, the courts declared it

6. In indictment for offences, other than felony, where the grand jury in case of ignoramus, or the petit jury, in case of acquittal, decide that the county pay the costs. 7. In applications for surety of the peace, where the court decide that the county shall pay the costs.

8. In cases where, after conviction, the party is discharged according to law without payment of costs; which, according to Judge Duncan, embraces cases where the defendant after verdict of guilty is discharged under the insolvent laws, or by arresting or reversing the judgment, or by pleading a pardon before sentence.

If the foregoing views be correct, it results that the county is not liable for the costs of prosecution in a case of felony or other offence, where a nolle prosequi is en

1831.]

VISIT TO POTTSVILLE AND READING.

tered (12 S. & R. 94);, nor in a case of forcible entry
and detainer where the jury, on acquittal of the de-
fendants, order a less number than the whole of those
on trial to pay the costs, and the judgment quoad the
costs is for this reason arrested; -nor in a case under the
degree of felony where the jury, in acquitting the de-
fendant, neglect to decide upon the liability to costs, or
decide that the prosecutor pay, without naming him as
the law requires. These cases do not fall within any of
the rules prescribed by law for payment of costs by the
county. A nolle prosequi destroys the claim which, even
in cases of felony, the county on conviction would have
upon the defendant for the costs, and this circumstance
furnishes an additional reason for the position that the
county is not in such cases liable. In the case of forci-
ble entry referred to, the county is not involved in the
question, whether a verdict ordering a less number than
all the defendants upon trial to pay the costs, be legal or
otherwise? It is sufficient for the commissioners to know,
that it is a case requiring a decision by jury upon the
liability of costs,and that no decision has been made against
the county. In forming an opinion upon this question,
I throw out of view the considerations that a prosecu-
tion, under the statutes of forcible entry and detainer,
is to be regarded in many respects as a civil action, and
that the statutes 18 Henry VI., relating to this offence,
directs the proceedings to be conducted at the costs
of the party grieved." Rob. Dig. 286.

Very respectfully, yours, &c.

ELLIS LEWIS.

123

red, as the same munificence in the distribution of his
own funds.
Yours, &c.
ELLIS LEWIS.

Hezekiah Dunham, Eliphalet Mason, John L. Webb,
Esquires, Commissioners.
Towanda, April 22, 1831.
[Bradford Settler.

VISIT TO POTTSVILLE AND READING. [Continued from p. 112.]

From the mines at Mauch Chunk there is a tolerable good road cut across the woods to Tomaqua, at the head of the little Schuylkill, distant six miles. Here a railroad is nearly completed from the mines in the vicinity down to Port Clinton, at the junction of the two branches of the Schuylkill. From Tomaqua to Tuscarora is about four miles. From the latter place the rail-road is in operation, by the way of a variety of small towns to Port Carbon, the head of navigation on the Schuylkill, three miles above Pottsville. Port Carbon has several railroads coming into the town in various directions, from mines from half a mile to eight and ten miles distant. There is something about the appearance of this place, which strikes the eye of the stranger with wonder and astonishment. Here, in the midst of forests and swamps, is quite a flourishing town, sprung up as it were by magic, with regular streets laid out, running over and under numerous rail-roads. The stumps in the streets showing, that but yesterday a dense forest, and impassable swamps existed, which the enterprise and physical

Hezekiah Dunham, Eliphalet Mason, John L. Webb, force of man, have compelled almost to vanish, giving Esquires, Commissioners.

Towanda, April 21, 1831.

-

place to the cheerful hum of business. The wharves were covered with large bodies of coal, and boats were constantly arriving and departing, to discharge and take in their loading. From Port Carbon, we pursued the canal three miles down to Mount Carbon, a pleasant village on the canal, forming the lower part of Pottsville, and where the landings and wharves are principally erected.

To the Commissioners of Bradford County. GENTLEMEN In reply to the inquiry, whether the county is liable to the officers for fees accruing on services rendered in the collection of forfeited recognizances? I have to state that, in my opinion, the county is not in such cases liable. The commonwealth is not lia- Pottsville is built on the Centre turnpike, leading ble for costs on her own prosecutions, whether civil or from Reading to Northumberland. It is laid out in recriminal. "This exemption, whether it be called pre-gular squares, and the main street, about a mile in length, rogative or privilege, is founded upon the sovereign character of the state, amenable to no judicial tribunal subject to no process." The officers cannot complain of this as a hardship, for it is a burthen to which they have voluntarily subjected themselves by accepting the offices, with all the burthens which belong to them, with a knowledge of their duties and the rights of the com. monwealth. In an action for the recovery of a forfeited recognizance, taken in a criminal case, the common. wealth is not a mere nominal party suing for the benefit of the county. It is true that the money is to be paid to the county, when collected, and the commissioners are to superintend the collection (Purd. Dig. 230), but the right of the county does not attach until the money is collected. The recognizance is not granted to the county-the county is not the assignee of the state the county can neither release the action, nor mitigate or remit the forfeiture. This power belongs to the state, to be exercised by the governor and the proper judicial tribunals. But if the act of 1818, were to be regarded as substituting the county for the commonweaith, in relation to forfeited recognizances, the county would not be liable, except where the commonwealth would have been liable. It is immaterial, whether the fees are claimed for services rendered prior, or subsequent, to the passage of the act of 24th March, 1818, directing that all sums of money collected, on forfeited recognizances, shall be paid to the respective county treasurers. The county is in neither case liable. (1 S. & R. 505-4, S. & R. 143, 8 S. & R. 151.)

It may seem illiberal to withhold the payment of fees in these and the like cases. But justice is a virtue of a higher order than liberality, and that liberality which an agent evinces in the profuse expenditure of the public money confided to his care, is not so much to be admi.

presents on each side, a compact row of large and substantial buildings. There are a large number of stores of various descriptions, and the hotels are numerous, extensive and commodious. The National Hotel, kept by Mr. Woodman, is a very large three story brick building, with several modious parlours, and a sufficient number of well ventilated bed-rooms. Mr. Woodman and lady are well calculated to keep it in the first style. The new Pennsylvania Hotel of Col. Shoemaker, which was intended for Mr. Dungan, but now kept by the Colonel, is the chef d'œuvre, and we have no doubt will be kept in a style inferior to none. There are four or five places of worship, of various denominations, built in a neat style. The new Bank, with a cast iron front, presents a fine appearance, and there are many buildings which it is needless to particularize, all adding to the beauty of the place. The main streets are M'Adamized in the centre, with brick side walks. On one side of the town a very substantial rail-road is made, extending up to several coal mines, a few miles north-west of the town. A survey is now making for the purpose of extending this rail-road to the Susquehanna at Northumberland, which if once completed, would add much to the trade of Pottsville.

Having heard so many unfavourable reports about the decline of business in Pottsville, we expected to find almost a deserted town; and comparing it with the throng the two last years, we suppose it now wears ra. ther a different aspect. We were agreeably surprised, however, to find quite as much bustle and actual business transacting, as is common to towns of the same size in the interior of the state. We were informed there was more doing in the coal business, than in any previous season. One great reason why there does not seem to be as much prosperity, is the fact that speculators, a

124

HAIL STORM IN LANCASTER COUNTY.

class who could be well dispensed with, have found it necessary to leave the place, their day having gone by, and the completion of most of the rail-roads, being nearly sixty or seventy miles, has dispensed with the services of vast numbers of engineers, artizans and labourers, who had all to be clothed and fed. Pottsville would doubtless derive much advantage from the establishment of cotton, woolen, iron and other manufactories, there being abundanee of water power and fuel at a very trifling cost. At Schuylkill Haven, four miles below Pottsville, there is a weigh-lock, where boats with a full cargo are weighed. The process of weighing is simple, and is done in about five minutes. The scales are on combined lever principle. The frame of the scale rests in a lock large enough to hold a boat. The boat is floated into the lock-a gate is raised to prevent the water from coming in from the canal, and that which is in the lock is gradually drawn out, until the keel of the boat rests on the frame--the boat is then weighed in a few seconds, and the water let into the lock again. From Schuylkill Haven, a rail-road is in operation to the mines on the Broad mountain, passing through Minersville, Coal Castle, &c.

[AUGUST

to support the hill. There was a singular appearance about the interior of the mine, which rendered the visit peculiarly gratifying and interesting. The total exclusion of light-the jet black appearance above and below-the colliers almost as black as the mineral they were working amongst, showing occasionally their teeth and the white of their eyes; with a small tin lamp hanging to the front of a woolen cap, fitting close on their head, being the way they carry their lights to work by— made the scene both novel and impressively grand. Having slid down the shoot, we gladly returned in the car to the light of day.

From Pottsville we passed through Orwisburg, the seat of justice of Schuylkill county, Port Clinton and Hamburg to Reading.

The canal was in complete operation, and the business has become so great as to warrant the company in going to the expense of doubling the locks, to facilitate the trade.

sive prospect: the town with its numerous spires-the
hills and the valleys, displaying a variety of shades, in
which we could see numerous herds of sleek well-fed
cattle grazing. To obtain a view of the town in an-
other position, we proceeded to an eminence about the
same distance to the south. Here the scenery is quite
enchanting-presenting to the eye a miniature map of
the most interesting character.
For many miles the
serpentine course of the Schuylkill could be traced, and
the Schuylkill and Union canals presenting the appear
ance of small rivulets, crossed by numerous bridges.
The place on which we stood is a large rock, over-
hanging the Schuylkill, with an extensive flat surface,
rendered noted from its appellation of the "Lover's
Leap." Evening coming on, we returned to our lodg
ing, highly gratified with our visit to Reading. The
next we bent our course homeward, where we arrived
favourably impressed with what we had seen; improved
in health, and where we now congratulate the reader
of there being an end of our sketches.-Bucks County
Intelligencer.

Reading is so well known, that it may seem a work of supererogation to attempt a description. We shall be excused, therefore, if we merely say that it is a thrifty pleasant place. Having the appearance of considerable From Mauch Chunk to Pottsville, and for several wealth, and in the midst of a country of the most promiles in the vicinity, the country has quite a desolatory ductive character. The houses are compactly built, in aspect, from the frequent fires which have ravaged from good style-the streets well paved, and crossing at right time to time over the hills, destroying the timber and angles-having hydrants placed in convenient situations; leaving but very few trees standing. The country has and a market-house in the centre of the main streetgenerally become covered with underwood; intersper- all combine to give a favourable impression to the mind sed here and there with a few tall pine, hemlocks, &c. of the stranger. About one mile east of the town a very which have withstood the fiery element. The introduc- high hill rises, upon the summit of which there is a place tion of lime will, in time, do something towards improv-called the white spot, from which we had a most extening the appearance of the little cleared land we saw; but for many years, Pottsville will have to depend upon farms fifteen or twenty miles distant, for a supply of produce. If the surface of the hills do not prove propitious to the enterprise of man, their bowels will amply reward, in the rich treasures that are embedded there. The coal in many of the hills is now scooped out to a very great extent, and there are no doubt immense regions of coal yet untouched. We visited one mine which had been worked night and day, by two gets of hands, for several years. A description of this, may give the reader a faint idea of the mining operatious generally. In the first place, a shaft is sunk on the brow of the hill, in search of the coal, and the course of the vein ascertained. A drift or tunnel is then made from near the base of the hill, in a horizontal direction, so as to strike the lower part of the vein. The tunnel we went in was extended under the hill 1400 feet, five feet in height and four or five in breadth. A rail-road is laid on the bottom, on which the wagons are drawn in and out by a small horse. At the extremity of the tunnel, we got out of the car and ascended the shoot, where the coal is thrown down, as well as we could on our hands and feet. The vein was about four or five IHAIL STORM IN LANCASTER COUNTY, 1768. feet thick, having a layer of slate above and below, but differing from the mines at Mauch Chunk, there being no veins under or above. The vein appeared to rise with the surface of the hill, and the slate being perfectly smooth, we found some difficulty in keeping upon our feet. The workmen have the entire vein before them, from the top to the bottom, and as they progress on, keep the hill supported above their heads by strong props, in rows not more than six feet apart. It forms a vast subterraneous chamber, or sort of amphitheatre, the pillars rising one above the other. The coal is got out by excavating a small space, say two feet high, to the distance of ten or twelve feet under the lower edge to the vein, the workmen creeping under, and at intervals putting up small props to keep the body of the coal from coming down upon them. When a sufficient body is undermined, the workmen come out, removing the props away as they come along, and the whole mass drops down from the slate above. The coal is then thrown down the shoot-the slate and dirt thrown out of the way, and props placed in the place of the coal

From the Pennsylvania Chronicle of 1758.

"I now sit down, under the shade of a friendly oak in the country, in order to give you some account of the late dreadful storm here, the effects of which I have taken pains to examine, having rid several miles for that purpose.

"On Friday, the 17th inst. about two o'clock P. M. the sky was overspread with flying clouds, apparently charged with heavy rain. The wind blew pretty fresh from the S. E. and thickened the clouds in the opposite quarter; so that about 4 o'clock there was "darkness visible" in the N. W. attended with a distant rumbling thunder, and now and then a small gleam of lightning, without any explosions. The clouds deepened more and more in the N. W. and there seemed to make a stand, being opposed by the wind from the opposite points. At half after four, they assumed a frightfu! appearance, and at last formed a large crescent, with its concave sides to the wind, and its inner edges tinged with a dusky violet colour. About 5 the wind veered about to the NW which immediately gave motion to

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