The Columbia Democrat. (Bloomsburg, Pa.) 1837-1850, July 20, 1839, Image 2

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    officers of tho old board and the arrival of
tHoso of the new, after preparation was re
quired before tbey could proceed to dis
charge thrir duties; but it appears that there
was n sufli'ient amount oT work staked out
by the cngmncri of the former board, and
remaining unfinished, to hare kept the con
tractors employed during this time, so that
they sufleredfiio inconvenience or loss on
that account.
These remarks do not apply to the 16
sections whichliave been declared abandon
ed' The commissioners directed that no
new work should be staked out on these sec
tions until the inquiry, which was being
raado respecting them, and which has resul
ted in their boing declared abandoned.should
have been completed.
Tlio second cjiargc is " That tho snper
" ioiendents have oppressively delayed pay
' ing its the money on former estimates
" long after they had drawu it from the state
"treasury, and in many instances sti.l re
' fused, as they allege, under orders from
tho canal commissioners." There was
but ono instance brought to tho notice of
the committee, of the superintendent hav
ing refused to pay an estimate, and the cir
cumstances connected with that caso goes
in a great measure to justily, or at least to
palliate his conduct. Tho contractors were
largely indebted to tho laborers who had
douo the work, and gave a power of attor
ney to another person to draw the amount
of the estimates. When he presented it to
the superintendent many of these laborers
were present, beseeching him not to pay
over the money; that the contractor had ab
sented himself to avoid paying them, and
that if he did pay it without the contractor
being present, they would be cheated out
of their hard earnings.for which they toiled
for months.and themselves and families beg
gars. The superintendent perhaps had no
legal authoiity to refuse payment, but tho
circumstances were certainly calculated to
arouse a generous sympathy for the poor
laborer, and as it is the only' instance mldu
ced in support of this charge, the com nit
tee do not think that his conduct in this par
ticular ought to be reprehended inasmuch as
t''c payment was not withheld from a de
sire to injure the contractor hut to prevent
injustice from bsing done to the poor and
needy laborers.
Some drlay was occasioned in the pay
ment of tho estimates, by the re-mcasurc-mcnt
of the work which was require i by
the resolution of the board above referred
to, and which was necessary to be certified
to the superintendent, before they could
know how much was due the contractors,
but as soon as the re-ineasurcment was
made, and it was completed as speedily as
possible, the amount which was due' the
contractors was paiil over in every instance
where a demand wa3 made, except unon the
asc'ions which had boon abandoned and
which will be noticed more particularly here
after. i'Thc
clinm sheet
sheet, anil new type; and every attention
. ahd", thoTcOT "tend-
" ent and engineers, assume the right to
nullify their contracts and measurement
" of work dino and measure and reduce the
' a.Ttount duo contractors in a false, fraudu
" lent and ruinous degree, with the intcn
' lion, in many instances, avowed to ruin
" the contractors who were friendly to Mr.
' llitner to drive them off the line."
The evidence shows a considerable dif.
fetence on many sections, between the esti
mates made by the engineers of the former
boatd and those of the present, but meas
urcmcn'3 on a majority of the sections where
thin difference esisla, were made by the
same persons who made there-measurement
and who acted as sub-assistant engineers,
under the former board of commissioner?,
and have been continued in the same capa
city by the present board, so that there is
not the slightest ground for the allegation
that this reduction was made wilfullv anil
for the purpose o( defrauding the contrac
tors. Tho engineers who made the re
measurement of the work, acted under tho
solemn snnetity of an oath to perform their
duty faithfully and impartially agreeably to
the art of awemhlv. which wits not "the.
caso under the former board, none of them
bavin? 'Ten sworn, although the act had
beoa passed some time previous to tho
aom'ntmont. Men of mnril iniptrritv mnl
P'ohily my undoubtedly feel themselves
nn.icr as owning omigannn topertorm tlieir
mines non"suy anu impartially willinut as
with the sanction of an oath, but it is cer
tainly unfair and unreasonable to presume,
thst men who are disposed to act honestly
and faithfully when not under oath, would
act d sIloneMtlv and fr.niilntnnllv wliptt llino
are under litis additional ohli"atinn. n ml lima
superadd the crime of porjuty to a breach of In,.. ...If.. C . . . 1 I .
made both the measurement for the last es
limits under the former, and the remensuro
uiuiiii imr;;iiiv, raevurui fjuiniieurs who
incnt under tho new, swear that errors had
boen nade by tliem in several sections in
some items of tho work whieh wero after
wirda corrected in the rcmminingnia
and that it soma times happened, thai some
horns were estimated too much, others too
Jill's anil that these errors wero not discov
ered until a re-measurement was made, or
un'il tho measurement for the final estimate
to the amount of tho former monthly csti
males to ascertain the whole amount of
work done, they tnako an accurate measure
ment of it, assisted by tho original profile
of tho work 3 such notes is have beon ta
Iccn during its progress and it frequently
happens that some items of the work are
fctinwn by this final measurement to have
been estimated at more than the amount of
these items of work done, and frequently
the reverse ; but all errors arc thus correct
ed, and substantial justice done to the con
tractor. So that no injustice will be dune
to the contractors on those sections where
the difference in the estimates occurs, hut
hut upon the final estimate tuny will bo paid
for" the whole amount of work dune accord
ing to the final measurement, which enn be
rendered certain and accurate by the appli
cation of the well established principles of
geometrical survey.
There is not the least panicle of evidence
that he engineers were actuated in making
the re-mcasurcmcnts, by personal or politi
cal prrjudicss, hut they all swear that they
made the re-measurcmenta with n.-irtirnlnr
rare and neenracy, without making any dis
tinction between the contractors on account
of their politics; and it appears that a ma
jority of them, particularly lliose who
made the measurements mast nmrmlriimit
of, hulling to the same political parly with
the complainants, It is further shown bv
the testimony, that the principal engineer
gave directions to Ins asbistatits to be par
ticularly careful and accuralo in making
the re-measurement, and never intimated
to lham that they should make any distinc
tion on account ol tlicconntractors politics.
One witness proved that V. ID. Piolett, the
Superintendent unon the Tioua lino of the
North Bralie!i division of the canal, said in
a conversation ihc day after his appointment
that he would drive the anti-tnasons from
mo line ; inn several witness swear that a
bout the time he entered upon tho discharge
of his office, he declared that ho intended
to perform Uh official duties impartially and
without regard to the politics of the con
tractors, so that his declarations are about
fairly balanced, if they should weigh any
thing in the determination of this question.
ThcSuperintendenl has nothing to do with
making the measurements or estimates ; it
is hi: business to make contracts and re
ceive and disburse the money duo to the
contractors upon the line, upon n certificato
or estimate of tho amount duo, given bv
the principal engineer. Whatever deela'
rutiuns Mr. Piolelt mav bain mailn In ph.
ual conversation, about the lime of his an.
pointment, there is no evidence that he has
ever made any distinction on account of
ihc politics of the contractor, or acted im
properly in his office.
A report mado to the House,' by tho
bpard of canal commissioners, in relation
to those contracts upon the Tiinkhannock
line of the North Branch division, which
had been rescinded or declared abandoned
by the board, was referred to this committee
and is annexed as part of tho evidence.
The report states very fully and clearly the
grounds upon which the commissioners
have acted. The commissioners! say that
from the report of the officers upon the
Tiinkhannock line it conclusively appears
" to the board, that on the 21th day of Oc-
touer last, a notice was published in the bo-
be - J?.1??'.
'lbtnal Office Ttmhhannoek,
" October 10, 183S.
. Vetting,
"CANAL &v. Xt
"Section 132, on the-'fV rt'.Suds lino
" of the Pennsylvania canal, and all other
" abandoned sections on said line, will be
" re-let at Tunkhaunoek, on Wednesday,
the 7th day of Novcnibcriievt. S nun i.
" rations of tho work may bo seen at the ca
nai oiiicc, in 1 unlihannnck, on the day
'of letting. E. HARDING. Jr. Supt."
' That on the said said seventh day of
November, sections (55.07,98, J 08, 1 10,
111,112.113,114,132, 133. 1-17, 149,
155, 159 and a 171, on the said Tunhan
nock line, were re-let under the foregoing
notice. That none of said sections w.-o
specified in the notice published, except
No. 132, and that no notice of their aban
donment, or that they were to ho ie-let
was over published in any form whatever
until hue in tho day on which they were to
be allotted. That all of said sections wore
relet to the very identical persons who had
abandoned them, and who had upon the
same large furces of hands employed, who
were neither discharged nor stopped in their
operations fur a xingle day, insomuch, that
from ihe operations on the jobs themselves
or from anv public notico which had been
given, the citizens of this commonwealth
had no reason to suppose that said contract
cither had been or would bo abandoned and
re-let, until the very hour when bids for
them were to be received."
The testimony taken corroborates this
statement, except that the section was not
in every instance re-Iect to tho snpie con
tractor, but in some instances to his partner,
he not being known as the contractor, al
though interested. It is shown that sixteen
sections the enormous advance
of $103,336 18 above the prices bidden
for them by men equally responsible as
tho3o to whom tho work was re-allotted,
and that three sections on tho same line
were abandoned and re-lot without any le
gal notifo whatever, at an aggregate advance
above former contract prices of 18,033 45.
i no circumstances connected with tins re-
allotment of work, afford strong nrcsump
tivo evidence of fraud, and this is further
confirmed by tho testimony of Mr. Harris,
tho nrincinal ciirineur unon flu division.
under the former board, who says that the
prices an many ol the sections whiph were
re-let, aro loo high. The act of Assembly
of the 22d of Anril. 182.0rouirflB ilmt " in
' all caees whero a contract on tho canal or
" rail-road shall bo abandoned, it shall bo
the duly of tho superintendent or acting
esnai comraiesioners, w give at least tw
weeks public notice of re-letting tlio
" same."
In these cases but one section was adver
tised to bo re-let, and eighteen others were
rc-allotted, of which notice had not been
given previous today of letting, and not un
til tho afternoon of that day, and upon
which tho hands never quit work. This
was a a manifest violation of the act of As
sembly, and ihc board of canal commission
ers having no authority to enter intrfsuch
conlractsi nor indeed into any contract that
would bo obligatory on the commonwealth,
except in the manner prescribed by law, did
no more than was imperiously demanded
by the stern dictates of duty in rescinding
tho resolution of the former' board, approv"
ing thoso illegal and unauthorized agree
ments. They were void from the beginning,
having been entered into inviolation of law,
and the public agents, had they been so dis
posed, had not the power to render them
binding upon the commonwealth, unless by
the sufferance of her citizens the subject
had been permitted to pass without investi
gation, The facts as alleged by tho present
board of canal commissioner, in their re
port to tho House of Representatives, on
tho 22d of May, and referred to this com
mittee, as before-remarked, were fully cor
roborated by tho testimony, and Ihe only
defence attempted to be set up by the peti
tioners, was, that similar letting bad been
held by funnel boards of canal commission,
ers, and that in the iir. n,irno,i i'..ui-
luinnock, they followed former precedents.
Your committee did not entertain the onin-
ion that if such a uccedeni had been prov
en, it could in any degree justify so palpa
ble a violation of t'U' plain prois'ions of the
law; but, ncverthe sis, permitted the peti
tioners to give evidence of former customs,
which, if established, might in some meas
ure go to excuse tho laie board and their a
gents, and repel tho intimation of fraud, al
though it would not justify itieir conduct.
In this, however, ilie petitioners utterly
tailed; they showed that former canal com
missioners and superintendents, after sla
ting in thar public notice fully and ninplv
all tho work that was, known' lo be for re
letting, inserted the provision under which
the letting at Tunkhennock is pretended to
he justified, viz : " together with all other
work that may previously be abandoned;"
but they did not produce the allotments, nor
did they show that they did not correspond
in every important particular with the work
advertised. While they quoted the notice,
they did not refer to the allotments' made in
pursuance of such uotice. Without proof
that such allotments were made, the notices
prove absolutely nothing. The late super
intendent of the West Branch division, who
seived in that capacity from June, 1832, to
April, 1835, and who i now a member of
the board of canal) commissioners, produc
ed before your cojnmiitee all the notices of
lultings and re-lcting ever held bv him, to
gether with cvor&allolincnt of wort: made
lets, in niiMiiir,- FJW - iVTiia'-".jv
ry mmM l,IHSt! ""tiers. In eve
rorr""vf' ''l0 f allotted was found to
jW ionu prccneiy Willi uie worn mivor
,ltsed, with ono ifr two exceptions, anil in
those instances a laro quantity of work
had hern advertised, and tho jobs let which
did not appear in the printed notice, did not
exceed two or three in number, were f n
trilling and unimportant character, and wero
never allotted to the same contractor that
had abandoned them. So far as that di
vision of the public works and that officer
is concerned no such precedent was estab
lished; and having examined the subject
carefully, the committee are satisfied that
no such custom can lie proven. Tho peti
tioners did not attempt to show that any
other member ot tho present board had re
cognized such custom.
lour commute, in fine, after bavins stric-
ly investigated this portion of the duty as
signed them, do not hesitate to concur "fully
and entirely with the present board of ca
nal ci mmissiounrs in the course they have
adopteil relative to the abandoned sections
on tho North Isranc i. be ic.viik' it m Imvn
been required by the positive injunctions of
me taw, as wen as iy a just regard to the
rights and interests of the commonwealth.
The committee, therefore, rccommml ihn
adoption of the following resolution :
jasuiveu l nat the committee be dis
barged from the further consideration of
the subject.
The caso of tho commonwealth vs. Ans.
tine Boileau, a Militia Cantain. who was
charged with committing an assault and
hallcry upon Benjamin Tomlinsnn, a mem
hei of his company, by striking him with
tits swortt on Ins licau nt Uusiloion in May
last at a training of tho company, was
brought to a close on Wednesday evening
last. The court met at 0 o'clock in the
mdrning when S. J. Henderson, Esq. com
menced his address to the jury in behalf ol
tho Commonwealth. Ho was followed by
Colonels Pleasanton and 11. M. Lee for tho
defendant, Mr. Attorney General Barton
summed up for the Commonwealth. After
the chargs from Judge Bouvier, which was
disiinguised by its clearness and impartial
ity, tho jury returned a verdict of Guilty,
without leaving the box. Upwards of thir
ty witnesses wore examined in tho course
of tho trial of the cause. Inquirer.
The citizens of Columbus, Geo., have
hold a meeting' lo take into consideration
such measures as will have a tendency to
abolish tho prevalent and injurious custom
of uleotionecring, treating, &c.
A good example worthy of being folio w-ccL
Jl Queer Case is no undergoing exaiui
nation before Alderman MoMicheal, of
Spring Garden. It is nothing more nor
less than the investigation ol a marriage
ceremony, which is alledgcd to bo illegal
on the ouo hand, and legal on the other
Tho facts, ns we understand them, arc tho
following.', In April last, Mr, Scott, Bon
jamin Hutchinson, Esq., and another gen
tleman, whoso name wo havo not yet asccr
tained, were perambulating the streets of
Kensington. When in the neighborhood
of Mr. Scot's house, he politely requested
them to walk in and take something, a ve
ry significaht word, and one which, no
doubt was 'eorreclcdly interpreted by the
gentlemen-, In ihey went, and tlio Alder
man seeing a young lady seated in the
room, asked Scott if that was his wife.
' No," was the reply, but accompanying it
was an mtimhlion that there was a voung
lady tip stairs who had "found grace'in the
oyes ofMr; Scott, and with whom he
would not object to contract matrimony.
he lady was called, Mr. S. took her by
the hand, and the Alderman, robed in his
official dignity, duly pronounced the mar
riage ceremony. The unconscious bride,
however, did not say Ycs," that awful,
nvc. that filial wn, ....i i. i .
correctness of tlio matrimonial rule of arith-
... .i.. 11 i
mcue, which amis ono lo ono, and yet makes
but one. The Alderm MH. Iinwnvnr hnll.
ing loath, attributed this omission to those
causes to which all AWerman would attri
bute It, first, to his iir.,nfim. v., ,1
dignified manner and magislcrical looks,
.mo iniroiy, to. modesty, as it is generally
supposed that all yr;s a,.e ai)t to be modest
when appearing under similar circumstan
ces, bufiice it in
and married to lm ail
too. After having performed his duly, he
wended his way homeward, and tho next
day issued certificates: for the parties to tho
utter astonishment of the bride, who had
considered the matter as a joke, and had
never dreamed of making pretentions to the
title of wife. Inquiries wore instituted,
and the lady was informed that she was
actually and legally married. Thocc for
performing the ceremony wo understand,
was unmorceait da baeuf, which translated
inmpure English means a piece of beef!
The case now pending before Alderman
McMichcal, charges the parlies with con
spiracy. It cnnio up on Monday lasl. and
was then contiiiii,il until,, , .
o'clock- F. Brewster, Esq., acts as one of
me eounsM, ami Alderman Hutchinson in
tends to act as his own attorney, and will
we understand, iiako his remarks in the
case on next Frid'ay. The tuedded parlies
were both single previous to this transaction.
fubuc I.cj'rsr
Dlirintr last W(nk. nn iniliviilniT
been confined in this Co. jail for some time
for various offences, the last of which was
for an attempt to break jail, made his es
cape in the following cuniiing manner. For
some days previous to the time he mado
his escape, ho had been in the habit of lay
ing himself upon his bed in the same pofi
lion, about tho lime he expected the sheriff
lo lock his door. On the owning of his
escape he had prepared, by stuffing a suit
of his clothes with straw, a paddy, and a
face smile of his own form, which ho plac
ed in his bq'd; representing him, in the po
sition ne iiau practise!! lor the time wo have
mentioned,' with a newspaper over its face,
cv.c. qiiiicjwnurtt. i He convict then re
naired lo thn vnvl will, a iv.nn l, ,.,lr
of his blanket, and secreled himself. When
the Hour fir locking up had arrived, in the
evening, tlie Sheriff proceeded to perform
ins iiiiiyi-iooicii into the nppailment
mistook tlio paddy for the prisoner, and
locked it u securely for tho night. Every
thing passijd off quietly until niorning.when
it was too late to find that ihe prisoner liad,
wim me aiu ol ins ropo, escaped over tho
wall, loavi jig tho innocent paddy to serve
out tho set
tciico of the law.
Dclawaio couiiiy jail is now without a
prisoner, fbvo tho paddy alluded to above.
7T..I ; rr.'-..
Singular. A gentleman just returned
from over .the Lake, stales that one of his
flleilds. wrilln lllliilimr. hm! ihn
to catch n tevoru cold, which settled in his
lace, anu prevented his shaving for several
days. As in remedy fur tho cold some lea
was prepaiVd.mado from the leaves & tceds
combined M tho "Moms Multicaulis" ihe
gentleman awoke next morning with a mul
berry on fevery hair of his beard several
worms aijnong his whiskers and a silk night
cap whicfli the rascals had made during the
night, 'jl'lie gentleman has been offered
$300 to .Hand in his neighbor's yard as a
"mulberry grower." Thn nfTHr nn(
been acuopicd ; he says, ho intends stayinr
.......v, ... muni, mm, ,uiu jjno uiuiuerry
parlies to the young girls in thesummor.
II he really does commence the bill; busi
ness, w.o II send him a gallon of Mononga
hcla to insist him in reeling, N. 0. Times.
Another Mormon War Brewing. Tho
Moriuaij band in Illinois aro quarrelling
nn ui uiu seiners, anu called on liov.
Carlin to put down the latter. Tho Gov.
t.ent some companies of militia, but tho cit
izens were an overmatch, and a retreat was
Boundedl Wo wait with anxiety for fur
ther particulars. It u probable a brush
will ensue, and the Mormons Ve driven out,
Tn tl conversation with a gentleman of
our village on this subject, ho informed u,
that an acquaintance of bis had recently
bron to Mansfield township, Conn., with a
view to Procure tho services of a yonnir
woman skilled in tho managing of the Silk
businessbtit had not been ablo to emnlov
otte. They were ll cither bnsy home,
or had gone Sonlh to givo tbat region tho
benefit of the knowledge they had acquired
at compensalious of 20 to 530 per month
with their travelling expenses paid 1 It, tl,0
township in question, tho business has been
carried on since the Involution, and almost
every family is engaged in it in a domestic)
way, thus finning a profitable mode of
keeping employed its supernumerary mem
hers, young and old. The venerablo Mai
thew Carey and other individuals dlstirfw
guished for their benevolence, have ben la
bouring for years to place female labor ot
a boiler footing, with very partial success",
J he fact mcntjoned above seems to us to,
go fat to prove that the silk business is like'
lv to do rrreat tbi
bout a result so desirable. Wo are pleased-
1(1 RPA (tin lllletnnua ! , '
... ., rnpIU progress
in our village and neighborhood, and doubt
not it will be every way bcnSfisial to tho
community. We shall give more purlieu,
ars as to its history, when wo havo becomir
better acquainted with its details, of which
we now feel constrained to confess our ig
norauco. Bclviderc j. J. Jlpollo.
The following accconnt of a wonderful
escape is copied from the St. Joseph (Flor
ida) Tunes. " If it is a lie wc are prettily
fixed." " J
On the passage of tho Alexander, from
Now Orleans to New York, a young lad
about fourteen years, frarrr a naturally frol
icksoinc and misrliievn,, J!.nn,!i:. 1..
came so troublesome in his pranks that it
wa iore.uem.-u iy mc uaptain if they wero
continued, that he would confirm him in a
Water cask. Our vnmicralor tnnXi
S uri llbtU
however at bis next offence was put in tho
casi?, wiircn was Headed up, leaving a iargo
biing hole for the admission of air. Thar
night the ship enconntcred a violent storm
&iii a sudden lurch ibo cask containing tho
boy, rolled over into tho eca. The circum
stance was not noticed by those on board.
Forlunitely tho cask striick bung tip, and
floated about thirty hours when it was
thrown upon tho Beach at Cape St. Bias.
Here the boy made desperate efforts to ex
tricate himself from his prison without suc
cess, and in despair gave up to die. Soma
cow? however strolling on the beach, were
attracted to the cn!, and in walking around
it, one of tho number it being fly time,,
switched her tail into tho bung hole, which
thlad :a0,j(with a desperate resolution.
Tho enw hnllmvcVl and ent nfT fnr Hfn. unit
after running some wo hundred yards wilh
1 1 t . ... . ' . - 1
in, rnon rurm:n u npioii-i-w ingoii inc iieacu
and knocked it as wo say. intoacock'd hat.
The hoy thus nrovidenliallv relrnspd
discovcred by somo fishermen on the point
ami iai;on inio Apalaclncola, where a small
collection be'mp made fnr him. bp wn nnn.
bled to proceed north by way of Columbus,
I have the rcadine tif it pnrrn "
It now frequently occurs when persons aro
.lsiteti 11 iney win suiiscnuo lor a newspa.
per, or if thev renlv. 'No. lmi niv nritrli.
bor B. lakes it ; and I have tho reading of
it every week.' Such often add, that they
like tho paper, and sometimes say they
consider it " tho best paper they know of.'
1 ney are ucnciitieu every week by tho
toils perplexities and expenditures of those
who receive nothing from them in return.
Tho family of Mr. Kcan, of West Sa
lem township, in this countv. wpm unpenn
ed on Monday last, by drinking a tea mado
01 meauow sanron, tinder tho apprehension
of its being spikenard. Tho family consis
ted of seven persons immediately after
drinking the tea they were affected with
dizziness in the head, and severe pains in
the stomach. A physician was immediate
ly sent for, but, hefoic any medical aid could
bo given, Mrs. Kcan, expired, a few hours
alter she was taken sick. Wo understand
the rest are recovering. Western Press.
The Governor's health is much improv
cd within the last week. We understand
ho intends leaving town on Thursday or
Friday.for his late residence in Huntingdon,
and should his health not bo re-established,
that he will visit the Bedford Springs be
fore he returns to Ilarrisbnrg. His present
illness has been occasioned by intonso ap
plication to official business; and tho conse
quent omission of accustomed exercise. .
Tho best effects may, thcrefote, be expec
ted from his contemplated tonr. Keystone.
Wo are requested to stato that the Elec
tion Law and the law regulating county of
ficers, passed by ihe late legislature, will ba
published in pamphlet form by the Secre
tary of tho Commonwealth, and in the
course of the coming week, sent, by mail,
to the several counties in the State. ib.
On Monday ibo board adjourned to meet
here again in September. Mr. Clarke has
gono to tho west, to cee that all is right up
"t t'lP,,l)1,ic wrl in that quarter.
Mr. Ilubloy demies his atlention to tho eas
tern sections, and Mr. 1'ackcr, attends to
tho Susquehanna division and the branch
os. tinrf.