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state of war, (except in naval affairs) when ner killed or deceased*-the rest died of dithe late war began. The experience of the sease, except a few by casualty or accident." revolution was essentially lost. A few of the Thus it appears, that one sixth, only, of those veterans of other years remained; better fitted, who died in the service of Great Britain, at a however, in general, to command the respect particular point where the most fighting was and omage of the present generation for their done, and by far the most severe engagements inva uable services than again to command took place, and which was a continual scene of acaies-and we had all things to begin de novo. fighting, died in action or of wounds received For a considerable time we were distressed therein: though they had all the advantages to with a series of blunders, mistakes and mis- be derived from experienced officers, military fortunes, legislative, executive and military; and medical. What, then, was our loss at the and the destruction of men and waste of cha- many numerously defended posts that were not racter and property was excessive. But, by attacked, or hardly attacked at all? I venture degrees, every department learnt its duty, the assertion, from a consideration of the few being instructed in the dear school of expe- facts that have reached me, that for every man rience as to what the nature of their respec-we lost by battle in the war, we lost at least tive services required of them; and peace very by disease. I had the blank filled up; but have agreeably revisited us when we were best pre-drawn my pen across the dreadful number. pared for war, Since we may again have war, though no Though so generally deficient, except in prospect of it presents itself at this time, let courage and patriotism, there was no depart- us cherish and retain a sufficient portion of ment of the service, perhaps, that we were so those who have "learnt the trade." Every dol badly provided for (in the beginning) as that lar expended for their support, though appaof the general staff, and especially as to the rently useless, will be worth a thousand to medical part of it. When that was fully orga- us if the state of things shall require their nized and in complete operation, there was services in the field. This is a simple calcu instantly a great decrease in the number of lation of dollars and cents, Human life and deaths. May congress have wisdom to pre-human misery is not taken into the account! serve a staff sufficient for an army much larger

than that we now have, or expect to support in After the preceding was prepared for te of peace may they not suffer a misplaced the press (for it was written for the last num economy to deprive us of the benefit of talents ber of the REGISTER) we have had the pleasure so dearly purchased! Our country, I hope, is to observe that col. R. M. Johnson has been destined to enjoy a long peace; but the cost of attentive of this subject, in his resolutions offered on the 9th inst. in the house of reprebeing prepared for a state of war is of no comparison with the waste that a want of it sentatives, to obtain the sense of the members will occasion, should our repose be unhappily. in regard to several important subjects respectdisturbed. The fire-side proverb, which ing military affairs-See last No. p. 254. The old woman in the country feels the force of resolution referred to provides, that though the peace-establishment may be reduced, no reduction shall be made in the general-staff, in the corps of engineers or in the ordnance as well applies to the business of nations as to department., Col. Johnson has often deserved the darning of stockings.

"A stich in time
Saves nine"-

every

the thanks of his countrymen, and for this equally merits them. To us it is pleasant to his experience and talents and numerous op find that our wishes have been anticipated by portunities of maturing a correct judgment on the subject. We hate "places and pensions and sinecures"—and would not have any offi cer without an office; but endeavor to contrive business for an office that the officer desired to

These remarks grew out of an observance of a notice from "the general agent for paying militia pensions," at York, in Canada, inserted in the Kingston Gazette, of the 25th of November last. He publishes a list of the names of the widows and of the orphan children whose husbands or fathers were killed in action or by any casualty or accident while be retained might not only hold the knowledge. on duty, or have died of wounds received in action, or from disease contracted on actual dize and improve it for the public advantage. acquired for the use of his country, but metho service, during the late war with the United It is by such that we must expect to be faithStates of America." [The pension to the fully and frugally served. widows or children of such persons (privates) is £20 currency, or $80.] The list of widows has 107 names-of whose husbands only 21Of those 28 persons killed-10 were killed (of were killed in battle or died of wounds receive Fort Erie; 3 at York; 3 at Fort George; 2 at Queens. died in consequence of wounds) at Chippewa; 3 at ed in action: the list of orphan children has 58 town; 2 at the River Raisin; 2 at Fort Erie; 2 in the names of whose fathers 7 were in like man-action on lake Erie; and 1 at Lundy's Lane,

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Legislature of Pennsylvania.

GOVERNOR'S MESSAGE.

To the senate and house of representatives of the commonwealth of Pennsylvania.

might be remedied by enacting that rules or cate missions might issue, and that the testimony thus procured shall be 28 admissible upon any subst quent trial, as if the cause were pending for trial where the rule or commission is issued.

would afford additional security and keep pure the streams of justice; and perhaps thus might be abviated the temptation to fraud and perjuries some times practised to give jurisdiction to the federal courts, and forcing our citizens, at intolerable c FELLOW CITIZENS.-At this auspicious moment, pense, from the most remote quarters of the state When our country has reached the goal of her wish-to those tribunals. es and obtained the object for which she has twice The knowledge of truth being essential to just contended and so nobly struggled; with a national decisions, greater facility and certainty than is now government possessing all the powers adequate to had, would appear necessary in the adduction of the purposes of general sovereignty, and competent testimony. Doubts are entertained whether there to the energy absolutely necessary to the manage-be any legal mode of obtaining depositions by com ment and direction of the general weal; supporting mission or rules of court, in cases which arose in the confederate union, and the national faith and the county courts and are pending in the supreme honor with foreign governments; securing domes-court of error, although it may be all-important in tic tranquility and paying the strictest attention to preparing for the contingency of a new trial. This -the sacred rules of justice and equity by a faithful observance of all public engagements; to know that the foundation of our national policy is laid in the pure and immutable principles of private morality; when with proud recollection we can view the eminent height we have attained from the operation of Whether attachments to compel the attendance our laws and institutions; to know my native state to of witnesses may run to any part of the state-→→ be attached to a government which practically has whether a tender of expenses should be proved - exemplified those invaluable attributes which se-before they issue-whether depositions should not cure to it our constancy and devotion and com- be taken in criminal as well as civil cases, might mands the respect of the world; and to know Penn-also be proper questions for statutory regulation. sylvania to be eminently distinguished for her pub- Considering the usage of non suits at bar as af lic and private virtues:-I say, at this auspicious fording an unfair advantage to plaintiffs, it was remoment, with this knowledge and the rational pleas-stricted by an act of the legislature. The exposi ing anticipations of future lasting happiness for our tion however of this law by our courts does not probeloved country, to retire from the arduous duties hibit the plaintiff from taking a non-suit after a fold of office, is to me the highest gratification; and trial, unless the jury have deliberated, or received with sincere and lively gratitude to Almighty God, the charge of the court; thus the plaintiff when fair. our great protector, and with most hearty congraly defeated may retire in safety and renew the attack tulations, I felicitate you, gentlemen, and our con-at pleasure, while the defendant is disabled from stituents, on our present ppiness and glorious avoiding the destructive effect of a verdict. This prospects. inequality works injustice, and requires further inBut as we know that all governments have dege- terposition. nerated, and that abuse of power is ever consequent More than twenty-five years have elapsed since to degeneracy; therefore, whilst we happily know the adoption of any general system of practice that reason, rather than habit, is the governing by our courts.So great have since been the principle with our citizens, and whilst we yet have changes in our laws and so important have been fair claims to superior political purity, let us, by the judicial decisions, that it is wonderful a subpromoting virtue and knowledge guard against all ject so operative in the speedy administration of violent political concussions and those revolutions justice has obtained no consideration. To obtain that arise from necessity, which when real, supersede uniformity, I would reccommend statutory proviall law and level all distinctions: let us in the dis-sion.

charge of official and private duty, ever recollect Amongst the vices that in a great measure go un that more is not possessed than a right to perform punished in Pennsylvania, is the conveying away Lawful actions; that we cannot be vested with autho- by deed, estates with fraudulent views, and the ac zity to command what is contrary to the cardinal quistion of property without any intention of paying virtue, justice; nor with the right to proscribe our therefor. To guard against the frequency of the fellow-citizens for an honest diversity of opinion on first, I would suggest the authorising of our courts questions of policy. Thus, if founded on that de-of justice, where circumstances are sufficiently cree of heaven which willed man free, and in those strong to raise a probable presumption of fraud, immutable rights deducible from it, our laws will to throw the burden of proof of consideration f g ever foster the inclination which the Pennsylvanian naturally feels to be obedient; and, clothed with the venerable habit of ancestral sanction, they will descend to and command the love and veneration of the latest posterity.

the estate granted, upon the grantee, And as to the latter description of immoralities, I cannot, on moral principles, distinguish between him who with fair appearances has got into credit on purpose to rob, and him who borrows my horse for a day Regarding the impartial administration of justice with the intention never to return him, and who of primary importance, the legislature has recently if detected after the fraud is punished as a felon. in various laws been attempting to secure it from Anxious to see perfected in Pennsylvania what every danger. The extension of peremptory chal- has for a century engaged the attention of the lenges on the trial of causes civil and criminal, the philanthropists of the old world, I would once permanent provision for the decision of those caus- more invite your attention to the subject of c:es in which the president of a court may have been minal jurisprudence generally.The report of of counsel, or may be personally interested, have the attorney general made some years since at -been found of beneficial tendency. Extending the the instance of the government, and recent essays right of challenge yet farther, enacting that where by members of the general assembly eminently Counties are interested, the cause may under pro- qualified for task, will I trust so far have maper regulations be tried in a contiguous county, tured that teresting subject, as that, from your

hairds, our constituents may confidently anticipate ture, have been obviated. The dies have been sunk a system more perfectly guarding against outrage by an approved artist, and the medals would be the person and property of the good citizen; gra fore this time have been presented if the striking duating the scale of crimes and punishments by of them had not been prevented in consequence of the rules of right reason, when at the same time the imperfection of the machinery in the United it shall secure to the accused a speedy impartial States mint, which alotie was of power adequate trial, and be altogether congenial with the benevo-to the execution of them. But I have assurance lent spirit of the age that this obstacle will in a short time he also sur

In the annual communications of the executive mounted. to the general assembly, a standing theme has been The legislature of Louisana, duly appreciating afforded by the all-important subject of education. the liberal donation by our last general assembly Much has been said, nothing effectual has been towards the endowment of an hospital erecting at done, and the situation of it is still such as to be New Orleans, have passed a law containing the much regretted. To expatiate upon the utility of provisions prescribed in the act of this state; a co a general diffusion of knowledge, would be as idle py whereof and other documents, together with as the means of effecting it appear to be embarras plan of the building, and copies of a correspon sing. The fact however is palpable, that science dence on the subject, is herewith laid before you. and intellectual improvement are far behind the A considerable number of muskets and a large progress of wealth and population. Another year quantity of camp equipments and some ordnance, has confirmed me in the opinion expressed to the have been collected and are now safely deposited last legislature, that much good could be attained in the arsenal at this place, as directed by law. A through superior instructors. Believing that these small appropriation may be necessary to furnish the may be acquired in a very simple manner, I presume requisite tools and furniture for the work shops, again to recommend that some mode be prescribed to enable the armorer to put and keep in repair by law for ascertaining the qualifications of those such of the arms as were injured during the late who offer to ins ruet youth. That such as are ap war. The adjutant general will in due time report proved, and who at the expiration of the period for generally upon the state of our militia, and upon which they may have engaged to teach, produce a the military property belonging to the state. favorable report of the conduct and progress of add as well an extract of a letter to the executive the school, by a committer to be for that purpose from William Clark, the contractor for erecting appointed in each county, shall receive out of the the arsenal at Meadville, giving an account of the state treasury a small salary in addition to indivi, progress of that building, and asking an additional dual subscription This I hesitate not to say would appropriation, as an extract of a letter from the prin be the means of banishing ignorance and negligence cipal of the ordnance department, proposing to de from presiding over the education of children, and liver, if the state should prefer it, artillery and prevent that deplorably useless consumption of equipments, in lieu of a part of the small arms to time, that exhibition of idleness and demoralizing which we are entiti, under the act of congress habits, so commonly prevalent at our country for arming the whole militia of the United States, schoolstate 10*2 Under a law of the last legislature, Robert Brook

In the same communication I submitted also a and Charles Treziyulney, gentlemen of science and plan for rendering more energetic and efficient our acknowledged practical skill, were appointed on militia forces Impressed with the great importance the twenty-eighth day of May last to view and ex of this subject, yet, having nothing new to offer 1 amine the route of the contemplated canal to con beg leave to refer the legislature to that communi- nect the waters of the Seneca lake with the Tioga cation, likewise to a reiteration of a wish that seriver. These

duction be punished as a criminal offence. That the trust, but not yetssioners proceeded to execute having returned, more cannot regulations be made' "corrective of abuses under be said upon this interesting subject, than that our insolvent laws, and under the law relative their report as soon as received shall be laid beto mortgages; amendments of the law generally fore the legislature. A correspondence with the called the hundred dollar act: an interposition governor of ew York is now submitted. on behalf of the unfortunate and unprotected wife Nothing has yet resulted for submission to the and children of the confirmed drunkard; and the legislature, from the commission constituted by useless multiplication of oaths and the irreverence law in conjunction with the state of New Jersey, with which they are administered--These sub for adjusting the controversy that has arisen be jects, because of the multiplicity of (perhaps) more tween that state and Pennsylvania, in consequence important business, were then passed over; but of obstructions to the navigation in the Delaware, deeming them of some importance to the commu-said to have been created under a law of New nity, I recommend them to your consideration. Jersey.

The accompanying documents upon the subject From applications made to the land will shew that the thanks of the commonwealth to patents, it has been discovered, that the late Jolan office for captain Charles Stewart of the navy, for his distin-Nicolson, deceased, is interested large bodies guished bravery and skill in the engagement be. of lands which remained concealed from the comtween the Linited State's frigate Constitution and missioners, who procured for the state by comptothe British ships of war Cyane and Levant, were mise and sale of such part of his estate as became presented to that gallant officer by general William known to to them, payment on account of her lien Duncan, as directed by a resolution of the last le- upon his estate. That commission having ceased gislature, together with an appropriate sword, or- and the accounts of the commissioners having closdered by the same resolution as an additional toed, there is not vested in any one, authority to beken of approbation by his fellow citizens of Penn sylvania.

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nefit the state by the discovery. In order to secure payment of a large debt yet due the commonwealth, recommend the enactment of a law on similar principles with the one under which the late com

The obstacles to a presentation of medals to commodore Perry and his brave associates, men tioned in my first communicate the last legisla-missioners acted.

The accompanying financial report by the audi-adopt such measures as our best judgment may tor-general, notwithstanding the laudable appro dictate, and as the public good may require.NYA A Although we have to deplore the affictive dispenpriation and liberal expenditure of public treasure in aid of roads, bridges and other public improve-sations of Providence, in visiting us, during the ments, presents an unexpended balance in the trea-last season, with more than our usual portion of sury on the 1st day of Nov. last of $160,199 09 sickness, which has deprived us of some of our A small sum is found to have been expended in pro- best friends and most distinguished citizens, yet viding more materials for the intended state capi we have great cause of gratitude to heaven and of tol. Possessing ample means, the adoption of a plan congratulation to each other, in being blessed with for the building seems to be the only obstacle to an a return of health and an abundant harvest of those immediate prosecution of this highly desirable and products which are of primary importance, in pronecessary work. This unexpended balance and the curing the comforts and securing the felicities of anticipated increase of funds, will allow free scope life. To answer the expectations of our constitufor the enlarged views entertained by our constituents, it is highly necessary that confidence and unanimity should prevail in your deliberations, and ents for the improvement of the state. Having discharged as well the constitutional in- that all party feelings and local jealousies should junction as those duties assigned by law, and re-be merged in a generous love of country and an at, commended what in my judgment would promote tachment to our republican institutions. I have the honor to lay before the legislature, ress the public weal; it remains for me to add, that it has even given me the purest pleasure to co-operate solutions marked A. of the legislature of the state with the general assembly in such measures as were of Connecticut, New Jersey, North Carolina, and calculated to perpetuate the happiness of our con- Kentucky, recommending certain amendments to stituents: that in the discharge of the executive the constitution of the United States, for your con functions, I was ever solicitous, to collect my duty sideration.

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By an act of your last session, it was made my from a just appreciation of every circumstance by which it might be affected. I heard with attention, duty to appoint commissioners to survey and lay and endeavored to decide with integrity. I had a out the lands which were purchased by the state. wish, it is trite, to regard the public voice, and I of South Carolina, from the Cherokee Indians, into confess myself to have been ambitions to conciliate such tracts as were prescribed by law-I have the and enjoy the public confidence. But I could never pleasure to inform you that this work has been abandon the superior claims of self approbation and completed, and that I will, at an early day, lay be conscious rectitude. Satisfied on these points, fore the legislature such documents as will give (and ever aware that in the performance of execu- every information, and I hope satisfaction, upon this tiapined to zuen¬AG tive duties by a mere practical man, it is difficult subject. 1 was also directed by your resolution to employ if not impossible to avoid error) I have ever acted without in the least regarding what the wolrd might surveyors to survey and make maps of the respecsay about it; and those that know me best can bear tive judicial districts throughout the state, for the witness, that I have borne with patience the conse-purpose of procuring an accurate general map of quences which to me, have casually resulted from the state. To carry into effect the intention of the them. For the errors I may have committed, I am legislature, I have spared no exertion, on my part, consoled with the reflection that perhaps no import-and have visited every district, hoping that by this ant good was ever altogether free from alloy, and means I would be able, the more readily, to employ that my fellow-citizens will, I trust, charitably find the persons best qualified to perform this important a palliation in the motive which at any time may service. In this object I hope I have generally succeeded; but may have employed some, from neThe confidence and support which I have experi- cessity, who may not perform their engagements enced from my fellow citizens, for the greater por- well. This however, will be their own loss, as it is tion of an active life, has impressed my mind with only upon the full and faithful performance of their deep and lasting gratitude. A consciousness of hay-contracts, that they are to expect payment. This ing with diligence and fidelity endeavoured to dis- decision must, necessarily, rest with the member's charge the duties which a partial public has on va- of the legislature, before appropriations are made rious occasions assigned me, and of the liberality for paying the contracts which I have entered into, which has been evinced towards me by a succes- in obedience to their resolution. There are yet, a sion of Legislatures during an arduous administra-few of the districts for which I have not been able tion, heightens the satisfaction I have in surrender to employ surveyors. I flatter myself, that I will ing it to an able successor. And whilst I bid you, have the pleasure to lay before you, during your and my fellow-citizens generally, an affectionate present session, some of the maps, for your inspecfarewell, I implore for my country the blessings of tion and approbation. all wise and superintending Providence. SIMON SNYDFR. Harrisburg, 5th December, 1817.

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Doom house of representatives. We have again met, for the purpose of taking into consideration the affairs of the state, and to

day at mail husmmosura A In December last, you passed an act prohibiting, under the severest penalties, the introduction into this state, any slave, from any other state or territory, to remain here, under any circumstances whatever. As the agricultural prosperity of this state, depends so much upon persons of this description, it is believed that the general interest loudly calls for some alteration or modification of this law. As the law now is, persons, who wish to become residents among us, are prevented from bringing with them their slaves, to whom they are attached, not only because they are instruments of wealth and comfort, but often because they have descended to them from revered and respectable ancestors. Our own citizens, under the existing

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statute, are unable to bring into the state slaves culpable neglect can account for their present bad which they may be entitled to, by marriage, inheri-condition. The principal causes of our bad roads, tance or devise, are obliged either to sacrifice them are the great and unnecessary multiplication in and leave their lands uncultivated, or remove with some districts, of roads which have been made, by their character, usefulness, enterprize and wealth, the commissioners, public roads: the want of suffito add to the respectability and resources of some cient responsibility in the commissioners in some other state or territory.” districts, there not being a sufficient number of

That there should be, in any commercial nation a them to attend to precise value fixed by law to any article of com- total ignorance of this duties, and too often their duties and powers. I would merce or traffic, which is to remain without altera recommend that a law be passed embracing such tion, while the value of every thing else is changed provisions as may be thought proper, upon the subby circumstances, is certainly extraordinary, as it ject, and that all former laws, relating to roads, be is clearly impolitic and unjust. Of this character repealed.

is the law regulating the rate of interest which is I regret to state that the public buildings, viz. to be taken for the use of money. From the great court houses and jails, are very much neglected, profits arising from capital, well emploped, in agri-and that the officers under whose care they cer culture, commerce or trade, there will be but few tainly are, in some districts, have been guilty of money lenders, and the unfortunate and necessitous the most shameful dereliction of duty in leaving will be induced, too often, to comply with terms them open to every exposure. This subject de which are intended to insure against the hazard mands some attention for the credit and interest of and infamy of detection. It is believed that laws the state. appointing the rate of interest, for the use of mo ney, increase the evil which they are intended to remedy, and that therefore they demand the atten tion of the legislature.

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It is highly important, that every proper restric tion should be imposed upon habits and vices, which are calculated to destroy that virtue upon which our republican institutions must ultimately depend. That the truth cannot be given in evidence, in The legislature has done much by its munificent prosecutions for libel, as the law now is, would endowment of a college, and its provisions for free seem to be a violation of the fundamental princi schools, for the education of our youth; but without ples of justice, as there can be no good reason why good morals they will not be useful citizens. Eve the truth, in most cases, should not be sufficient ry legal impediment which can be thrown in the justification, whether written or spoken. It must, way, to prevent bad habits in youth, would be some. however, be admitted that there are many cases thing in favor of virtue. would beg leave to sug where the truth ought not to be published, as it gest the propriety of passing some law to prevent could not tend to any good and could only proceed the habitual drunkard from exhibiting in public, from a wanton desire to stigmatise and injure; but the odious vice of drunkenness, and by its frequen in prosecutions for the publication of all public cy rendering it less detestable, and to restrain him documents, or any publication touching the cha- from wasting his property and thereby bringing his Facter and conduct of any in public confidence or family, for whom he is bound to provide by the trust, or who do, in our popular government, as-strongest obligations, to want and wretchednesspire to public office, the truth should be allowed As auxiliary to this end I would recommend that in justification, as this is necessary for the informa-all accounts or contracts, for ardent spirits, by retion of the people, from whom all power does and tail, should not be recoverable by law. ought to emanate. There being a number of the copies of Brevard's By the law providing for the establishment of Digests of our statutes now remaining subject to the free schools, throughout this state, the provisions distribution of the legislature, I would recommend for the education of children are not sufficiently that those copies be presented to each state, one precise, and as it was anticipated, abuses have for the use of each branch of the legislature, and crept in which demand the interference of the leone for its executive. It is also recommended that gislature. It is desirable that this law, which af- three copies of our laws, passed at each session of fords such strong evidence of the liberality and the legislature, be transmitted to the executive of philanthropy of the state, should be inade as perfect each state for the same purposes, and that an inter, as possible, sino change of laws be requested.

That the poor should be liberally provided for, I am happy to state that the good effects of the by law, will not be questioned by any one; but it is liberality of the legislature, in furnishing the off of great importance that the line of distinction, be-cers of the militia with books of instruction, are be tween the indolent and dissipated and the poor, ginning to be seen, by their gradual and progressive should be strongly marked In some districts, the improvement. It is, however, thought advisable, provision made for the poor, has within a few years that the law, appointing brigade encampments of augmented threefold, without any visible increase the officers, from the serious inconvenience, exin the number of those who are real objects of cha-pease and difficulties occasioned thereby, be re rity. This circumstance must arise either from pealed. some defect in the law or from the mal-administra- The interests of agriculture, which are of prition of it. A revision of our poor laws, is earnestly mary importance in every country, and particularly recommended, and it is believed that much altera to the citizens of this state, whose great staple com tion will be found necessary. modities make so considerable a part of our nation. To facilitate intercourse between the remotest (al exports, demand that much should be done by a parts of the state and with our sister states, and to liberal and enlightened legislature, for the internal lessen the inconvenience and expense to the farmer improvement of our country; in improving our and planter, in transporting to market the rewards roads, opening canals, and making our rivers naviof their industry, it is desirable that the roads in gable. The most liberal appropriations for these most parts of the state should be more attended to. purposes, if judiciously applied, would be lending The face of our country is very favorable to the upon usury, only to receive the most ample and Improvement of our roads, and nothing but the most grateful returns. The present time is the most con

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