shall be advisable-and it shall be the duty of every member to aid and assist him in every thing relating thereto that shall be lawful and just.

Fourthly.-If any member shall happen to see the bars of another's garden, lot, or outlots open, and the owner or some one in his behalf shall not be near at hand, he shall shut them. If he should see fences broke down, he shall, if he can with little trouble, put them up-but immediately give notice thereof to the owner. If he should see cattle tresspassing in corn, grain, or any thing in which much damage might be done in a short time, he shall drive out the cattle, and moreover give immediate notice to the owner.

Fifthly. Each and every member of this association shall, on signing the articles thereof, and each and every first Saturday of April thereafter, pay into the hands of its treasurer, the sum of fifty cents, to constitute a fund for the necessary expenses of law suits and other matters instituted for the purpose of carrying the object of this association into operation.

operations to this community. A blessing was then asked, in chaste and appropriate terms, by the Rev. Mr. Stevens; and, in like manner, at the close of the dinner, thanks were returned by the Rev. Mr. Scott. The company separated at an early hour, in the most becoming and orderly manner-highly gratified by the occurrences of the day, and animated by the flattering prospects unfolded by the event which they had assembled to celebrate.

ADDRESS

To the Stockholders of the West Chester Rail-road Company, on the opening of the road, Sept. 13, 1832, by the President of the Company. Gentlemen-It is with no ordinary feelings of gratification that Lattempt to perform the duty assigned to me on this occasion, by laying before you a brief sketch of the progress of the work, which your public spirit enabled us to undertake—and which, as you have just seen, has been so far completed, as to connect our town and disSixthly.-Any person not a member of this associa-trict with the great public improvements of the comtion, giving such information as will lead to a convic-monwealth. I cordially congratulate you upon the suction of any depredations committed on any gardens, lots, cess of our enterprise thus far; and fondly trust, that orchards, or any other private property belonging to what we now behold is but the dawn of a new and authe members hereof, shall receive a reward of five dol-spicious era in the pursuits and comforts of this comlars, to be paid out of the funds of the company.

Seventhly.-The regular meeting of the company shall be on the first Saturday of April, in every year to elect their treasurer.-Reading Paper.

From the American Republican.

OPENING OF THE WEST CHESTER RAIL-
ROAD.

munity. The prospects now presented to us are, beyond a doubt, vastly more flattering than any we had ventured, at one time, to anticipate. It seemed to be our misfortune at the commencement of the system, to be excluded, by our position, from any direct participation in the advantages to be derived from the magnificent scheme of internal improvement, inasmuch as it was soon discovered that no portion of the Pennsylvania canals could be constructed in our immediate vicinity. Yet it is due to the liberal character of our citiOn Thursday the 13th instant, the interesting cere- zens, to remark, that the great work has uniformly remony of opening the West Chester rail-road was per- ceived from them a decided and spirited support. Unformed, in an appropriate and gratifying manner, The influenced by local or selfish considerations, the people day was beautiful; and at 9 o'clock in the morning, the of Chester county, by their representatives, have susstockholders assembled at the depot, agreeable to no-tained the system, from its very inception to the present tice given, to proceed in the cars to the Pennsylvania hour. They not only voted to commence the stupendous rail-road. As the design was, to give all the stockhold- undertaking, but, with a patriotic firmness that disdainers an opportunity to inspect the work, the directors ed to shrink from the responsibility, they also voted the were compelled to restrict their invitations to a limited ways and means requisite for its speedy accomplishment. number of their fellow citizens. Among the invited The records of the government demonstrate that, in all guests who attended, were the Reverend Clergy, resi- the mutations of party, such has been the voice of the dent in the town-the President Judge of the district-majority-and I am proud to add, that such has been the the Hon. Isaac Wayne, and Gen. Joshua Evans, and emphatic voice of West Chester and the adjacent disthe Chief Burgess of the borough. At 9 o'clock pre-tricts. Animated by the spirit which pervaded the comcisely, the train of cars started from the depot. In the monwealth, our citizens anxiously watched the develleading car, were the directors and officers of the com- opement of the system, to discover whether it were pany, the resident engineer, and the invited guests practicable by any incidental or collateral means, to inwith a band of music seated on the top, who added troduce a portion of the benefits of the public improvemuch to the pleasure of the trip, by playing a variety of ments within their own borders. When it was deterpatriotic and appropriate tunes, during the procession. mined to construct a rail-way from the Susquehanna to Moving at an easy rate, the cars arrived at the Pennsyl- Philadelphia, a public meeting was held, and a committee vania rail-road a few minutes past 10 o'clock-where appointed to ascertain the practicability of locating said they were received, in due form, by the Engineer-in-rail-way through, or near to, this borough. Here, chief of that great work, accompanied by his assistants. again, we were doomed to disappointment. Our situaHaving entered upon the State rail-road, and taken up tion, on an elevated summit, with the deep valleys of the gentlemen assembled at the intersection, the train the Brandywine and other streams, crossing the route, proceeded to the public house of Jonathan Jones, Esq. forbade the attempt to bring the Pennsylvania rail-way about three-fourths of a mile towards the city, where they by our town. Cut off from all hope of a canal, and partook of some refreshments, and remained upwards then deserted by the rail-road, it seemed as if our thrivof an hour, yery pleasantly occupied in viewing the ad- ing village, and our fertile bills, were destined to mirable work, by which the communication with Phila- remain insulated from those public improvements, and delphia will soon be rendered complete. At twelve to be denied those facilities of intercourse with the great o'clock, the party resumed their seats in the cars, and marts of the state, which were enjoyed by other disreturned to the borough, in the same order in which tricts. But still we did not despair. The features of they departed. On their arrival at 1 o'clock, the com- the country between the borough and various points on pany marched to the splendid new hotel of Wm. Ever- the Pennsylvania rail-way, were anxiously examined, hart, Esq. where they found a dinner table, set in a with a view to a connexion by a branch rail-way; and the style of elegance and profusion, that did great credit to result was a belief in its practicability. Application was the catering abilities of the proprietor. Previous to din- thereupon made to the distinguished engineer of the ing, the President addressed the company, giving a Pennsylvania rail-way, for the purpose of obtaining a brief sketch of the history of the West Chester rail-road, preliminary survey of the route. That gentleman, with and taking a hasty glance at the probable benefits of its the approbation of the state commissioners, politely de

Iron ore, of a superior quality, has been discovered in this county, sufficient, it is said, to justify the erection of iron works on a large scale. These facts are known to the greater proportion of our citizens; and yet, strange as it may appear, there is not energy or enterprize enough among our wealthy citizens, to undertake the business. As there has been the most oft discovered in Fairview and Girard townships, I would respectfully suggest to the inhabitants of those town$78,301 481 ships, to call a meeting for the purpose of forming a company to go on with the business. It cannot fail, if properly managed, of being good stock. There has also been discovered an extensive bed of marl or lime, near Elk creek village: also a smaller one about one mile south of Mr. Wm. Sturgeon's. Was it known abroad that Erie county possessed such advantages for the manufacture of iron castings, I have no doubt that we would have capitalists from abroad, glad of the opportunity of embarking in the business.

REGISTER OF PENNSYLVANIA.

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

VOL. X.-NO. 14.

EDITED BY SAMUEL HAZARD.
PHILADELPHIA, OCTOBER 6, 1832.

NAVIGATION OF THE DELAWARE.

(Continued from page 205.)
(No. 1.)

Trenton, September 15, 1817.

NO. 249.

the respective legislatures of Pennsylvania and New Jersey, notwithstanding the agreement of 1785, have a right to give their assent to, and to regulate by law, the erection on their respective shores, all useful piers, docks, wharves, banks, and even mill dams, or other Gentlemen,-The undersigned commissioners ap-buildings for the beneficial use of the respective shores; pointed by and under the authority of an act of the le- but that in the exercise of this authority they are bound gislature of Pennsylvania, entitled "An act appointing as well by public law as by the agreement of 1783, to commissioners for settling certain differences between preserve the navigation of the river. We consider the this state and the state of New Jersey," passed the 25th agreement of 1783, nothing more than a declaration day of March, 1817, deem it important to a satisfactory that the river Delaware within the limits prescribed adjustment of the controversy between the two states, then, was and should continue to be a public navigable that there should be a perfect understanding between river in contradistinction to a private river, and that it their respective commissioners on the following points: must be subject to the same law, as all other navigable 1. That the agreement signed by their commissioners rivers that are deemed public highways-we apprehend on the 26th day of April, 1783, and afterwards ratified it to be a mistaken opinion, however extensively it may by New Jersey as well as Pennsylvania, is obligatory have spread itself, that the whole bed of the river is saupon them in all its parts. cred and cannot be touched without a violation of the rights of the states we represent; the soil of the river to the midway thereof, at least at and above the falls of Trenton, if not below, is vested by law in the owners of the adjoining land. It is true that the same principle of law that vests this private right in the owners of the adjacent soil, also vests in the public the right of unob. structed navigation-we admit that the private right must be so exercised as not to injure the public right of navigation. It is not every erection on the bed of the river that becomes a nuisance, and to be construed as a violation of the agreement of 1783; if this was the case, all the piers and docks erected in the river must be destroyed. Docks and wharves judiciously placed on the river, are useful to commerce, in which case they are innocent and lawful erections, but should they become so far extended as to obstruct navigation, they would become public nuisances, be unlawful, and liable to prostration. We apply the same reasoning to mill dams and other erections on the river. Their law

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

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

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

5. That all laws passed by either state without the concurrence of the other, to authorize the erection of wing dams which would in any degree injure the navigation of the said river, either in ascending or de. scending the same, is an infraction of the said agreement. If the commissioners on the part of New Jersey should agree with the undersigned in the foregoing position, the commissioners of Pennsylvania will be prepared to enter more fully upon a discussion of the sub-fulness or unlawfulness depends on the fact, whether ject referred to them.

We are, gentlemen, with great respect,

Your obedient servants,

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

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

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

Your obedient servants,

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

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

(No. 3.)

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

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

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

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

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

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

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

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

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

By admitting our first, second and third propositions, you have admitted that the two states have a concurrent jurisdiction over the said river, the whole breadth thereof, from shore to shore, in all cases; except those which are expressly excepted in the said agreement. For it is a sound rule of construction founded in good You say you have disclosed your opinions, for the sense, that all instruments of writing, whether between purpose of showing the course of reasoning which led states or individuals, containing a general grant of to certain acts of the legislature of New Jersey, authorrights or powers, with certain exceptions, conveys eve-izing the erection of wing dams in the Delaware.

We

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

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

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

ry thing within the boundary of that grant, except what did not ask you to concede, that dams which were not is expressly excepted-now as the erections alluded to injurious to the navigation, were a violation of the comare within the boundary over which a concurrent juris-pact of 1783, but that such were so, as did injure the diction of the two states is given, and as there is no ex-navigation. Now if the wing dams, the erection of ception of wing dams to that concurrent power, it will follow that they are exclusively subject to that concur. rent authority, and that no separate legislation can be exercised over them. It is true, that in your answers to our fourth and fifth propositions, you enter into a course of reasoning to show that each state had a seperate legislative authority, in cases that you had just admitted were within the concurrent jurisdiction of the two states-thus admitting a principle and then reasoning it away. You state that the agreement of 1783 was nothing more than a declaration that the river Delaware should continue to be a public navigable river in contradistinction to a private river. If that was the only effect of that agreement, it was an useless instrument; for in the year 1771, that is, twelve years before this agreement was entered into, the states of Pennsylvania and New Jersey had declared that river a public highway. But independent of this act of the two states, it was a public highway from the first settlement of the country. The distinction that is taken in England between tide and fresh water rivers, does not obtain here. In that country their rivers are small, admitting only of a very insignificant navigation; but in this country, the fresh water rivers are large, admitting the passage of boats into the heart of a great continent; hence the policy of these governments, in adjudging all rivers public highways, which are used for a boat navigation.

(Signed,)

Your obedient servants,

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

(No. 4.)

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

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

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

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

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

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

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

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

We have the honor to be, gentlemen,

With great respest,

Your obedient servants,

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

CADWALLADER EVANS,

WILLIAM ERWIN,

JOHN Ross, Esqr's.

(No. 5.)

ARTICLES OF AGREEMENT

Made and concluded the

day of

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

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

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

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

1. That the agreement between the two states, signed by their commissioners respectfully, on the 26th day of April, 1783, ought to have been so construed, as to have required the assent of both states to any act authorizing the erection of any wing dam, on either shore of the river Delaware; that such coustruction would have best preserved the navigation of the said river

spection and approbation of the commissioners, which shall be appointed to view the locks and improvements in the wing dams upon this river.

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