Part 6

Having touched the subject of education, I will add, that when the benevolent intention of the constitution of Pennsylvania, shall be carried into effect, by "_the establishment of schools throughout the state, in such manner, that the poor may be taught gratis_," Agriculture will reap her full share of the benefit. Reading, writing, and common arithmetic, if not essential, are very serviceable to the farmer. And even the labourer will derive incalculable advantage from the improvement of his intellectual faculties. Work cannot be continued without intermission, and time hangs heavy on the mind which is torpid during the hours of repose. Exercise is as necessary to the mind as the body. How desirable then, that men should be qualified for that kind of reading, which gratifies and strengthens the mind, without the fatigue of severe study, while the body is at rest during the intervals of labour? Our legislature is not unmindful of the duty imposed by the constitution--the act "to provide for the education of children at the public expense within the city and county of Philadelphia," is working great good. By the first annual report of the controllers of these schools, made in February last, it appears that 2845 children were then in a course of education; and I am informed that the number is now much increased. Moreover, a most important fact is established--that by adopting the Lancasterian mode of teaching, which will do in all thickly settled districts, the annual expense will not exceed _four dollars_ for each child. Upon efforts like these the blessing of God may be confidently hoped for.

Nothing can be more effectual for the diffusion of the spirit of Christianity, than a moderate cultivation of the understanding. Men will thus become more mild, better content with the condition in which Providence has placed them, more attentive to their duties both moral and religious, more charitable towards each other, less jealous and vindictive in their feelings towards foreign nations, less prone to rapine, under whatever name disguised, and less easily dazzled by the false splendour of war.

But I must indulge myself on this topic no longer, lest it seduce me from my main design.

Closely connected with Agriculture is the subject of leases. Though not so important in the United States, as in other countries, because the body of tenantry is smaller here, yet it is not undeserving of attention. The leases generally in use, are for a short term, with a reservation, by way of rent, of a certain share of the produce of the land. This system is liable to two great objections. The shortness of the tenure, precludes all hope of improvement of the soil, and the mode of payment, (the rendering a share of the crop,) holds out inducements to fraud, which few tenants are able to resist. When the landlord lives upon the estate, he has some chance of checking the tenant, by obtaining an accurate knowledge of the amount of the crop; and if he is liberal, he may have something done in the way of improvement. But where he lives at a distance, the probability is, that the estate will go to ruin, while he receives but a small part of his due. The objections to long leases, for rents in money, are, that if the landlord parts with the possession for a long time, he may be injured by a bad tenant; that he precludes himself from the chance of a sale, if a good price should be offered, and that the great fluctuations in the price of grain, make it impossible to fix a rent in money, without danger to both parties. Where a man has it in view to sell his estate, he may be right, in making a short lease; that case forms an exception to the general rule. But where he means to keep it, the objection is removed; then, as to fluctuation of price, the matter might be easily managed, by reserving a rent of a certain quantity of grain, giving the tenant an election to pay the market price, in money, which might be more convenient than delivering the grain. That point being settled, a lease for a longer term, fixing the rotation in which the fields should be cultivated, with other proper covenants, would leave the landlord sufficiently protected, while it gave the tenant encouragement to meliorate the soil for his own interest. At the end of such a lease, the value of the estate would be increased, and the rent might be raised. With great deference I submit these remarks to gentlemen of the city, who have farms at some distance, or even in the neighbourhood, which are intended as a provision for their families.

One thing more remains, which I cannot in conscience pass by, and in which, perhaps the Society may find means to do some good. Can no method be devised, to check the inordinate use of spirituous liquors? This shocking habit, strikes at the root of agriculture, by robbing it of the labour necessary for its support. It would be a waste of time, to enumerate the ills which flow from this disgraceful vice, because they are obvious to everyone. Perhaps a small addition to the wages, would induce labourers to forego the use of this poisonous liquid; or they might consent to take as a substitute, beer, or cider, or some other harmless drink. The subject deserves the deepest consideration, and I cannot help hoping, that when societies shall be organized in the several counties, a plan may be formed, which being acted upon at once, throughout the state, may greatly lessen, if not eradicate the evil.

I have endeavoured, gentlemen, to obey your commands, in hopes that my example may call forth the efforts of others, better qualified to do justice to the subject.

_Law Case._

The following opinion delivered by JACOB RUSH, President of the Court of Common Pleas of the City and County of Philadelphia, will be found particularly interesting by persons residing in the Country, and who may be exposed to controversies about line fences, and their repairs. The examination of the provisions of the act of Assembly, and of the principles of law on the points involved in the case will be interesting and useful to every Lawyer.

Overseers of the Poor } Common Pleas, Philadelphia of Byberry, } County, _vs._ } Certiorari. F.I. }

A Certiorari issued out of this Court, directed to Joshua Jones and Elisha Gordon, Esquires, requiring them to transmit certain proceedings had before them under the fence law of 1700, in which John T. Townshend and Israel Walton, Overseers of the poor of Byberry are the complainants, and F. I. the defendant.

Prior to stating the facts on the return, it will be proper to give a brief exposition of the very obscure law upon which the controversy has arisen.

The act of 1700, for the regulation of fences, gives authority to fence viewers in two cases.--1st. Where a person finding a fence actually erected, takes advantage of such existing fence, and makes it a part of a subsequent enclosure. The person making such subsequent enclosure, and deriving a benefit from his neighbours fence, is bound to pay one half the expense of such fence. He is equally bound afterwards himself to keep in repair one half of it, or to pay the expense of repairing it.--Which leads to the 2d. point, and this consists in the power the fence viewers have over fences, either erected or subsequently divided, by agreement between two neighbours. The fence viewers cannot compel a person to join fences with his neighbour, every man having an undoubted right to erect a fence upon his own ground. The authority of the viewers is derived from the consent of the parties expressed or implied. In the case of a person deriving a benefit from making a fence actually existing, a part of the enclosure around his own field, he virtually agrees by his conduct, to make compensation.--In the 2d. case, viz: repairing fences, the parties are supposed to have joined originally in erecting the fence, or by some subsequent contract, to have come under an engagement to keep in repair a moity of the fence.

The viewers being only judges of the value, or of the sufficiency of fences, cannot order a _new_ fence to be erected. In the former case, that is, the value, they are to award compensation; in the latter, they are to direct the party delinquent to repair the fence, and in case of his neglecting it for ten days, then upon application and proof thereof before two Justices, they are to order the _persons aggrieved_ to repair the fence, who shall be reimbursed by the party refusing to repair the fence. When the party _aggrieved_, has repaired the the fence, in obedience to the order of the two justices, the fence viewers, who by the law are the _sole judges_ of the charge to be borne by the delinquent, must be called upon to fix the amount of compensation, to be reimbursed by the delinquent, for which sum, together with costs, the justices are required to issue a warrant against him to be levied upon his goods and chattels.

If the viewers and the two justices have in all respects conformed to the law, and have kept _within_ their jurisdiction, the facts cannot _now_ be controverted. What are the facts in this case?

The viewers have been legally summoned to view and examine a fence which separates the lands of the complainant's from the land of the defendants. They say they were called to view a _partition fence_ between the said parties, and that on such examination, they found the defendant's part to be deficient, or not lawful, and that they directed him to make a good and sufficient fence _on the line_ within ten days. This order of the viewers is dated 21st January, 1815.

The defendants having neglected to repair the fence for _more_ than ten days, the complainants did according to law, apply to two justices for an order to be issued to him to repair the fence, which order, the said justices, after being satisfied by due proof, that the defendant had neglected to repair the fence, for ten days, did issue on the 26th August, 1815.--To this order the complainants have returned to the justices that they have complied therewith and repaired the fence.

As far as the proceedings have gone, every thing has been done agreeable to the law.

Four exceptions however have been filed by the defendant. The first and second objections may be comprised in one, and present a difficulty of a legal nature, that the complainants represent a corporate body, and are therefore not included in the law that relates to fences.--If this objection were well founded, its operation would be conclusive in favour of the defendant, because a law that does not bind both parties in interest, never ought to be carried into execution against _either_.--In our opinion, however, the law in the case before us includes _corporate bodies_, as well as natural persons. The statute 22. H. 8. ch. 5. for the repair of bridges which subjects to taxation, the _inhabitants_ of every Shire, Riding, City, or Town, and for non-payment of which their goods may be seized and sold, has been universally acknowledged and held to include _Corporations_. 2 inst. 703. comp. 79. Sir T. Jones 167.

The word _Inhabitants_, says Sir Edward Coke, is the largest word of the kind, and includes every corporation or Body Politic, residing in any County, Riding, City or Town. To these authorities we shall only add, that in 2 Bac. Abr. Wilson's Edition, page 10, it is expressly laid down, that _Corporations_ in the character of _owners_ or _occupiers_ of houses or lands, are subject to the same burden to which _individuals_ are subject, in the same character.

The good sense of these decisions, must strike every body, as their tendency is to place natural and artificial bodies on the same footing.

The third exception filed by the defendant, viz: that the two justices ordered the complainants to put up the fence, _without_ requiring proof that the defendant had _not_ complied with the order of the viewers, is destitute of foundation. The record of the justices show that this exception is founded in mistake.

The fourth exception is, that the viewers had no authority to order the defendant to put up and repair his fence _on the line_.

It is certain they could not order him to put it up or repair it _off the line_; and having directed him to repair it _on the line_, cannot invalidate the order. Viewing the words, _on the line_, in the most exceptionable light, they can be deemed nothing but surplusage. The substantial drift of the order is, that the defendant shall repair the fence.

With respect to the affidavit of the defendant of the 6th of January, 1816, that he has enclosed completely the burial ground on his _own_ ground, leaving an interval of 10 feet between the line of the burial ground and the fence he has put up, the Court would remark, that generally speaking, a man has a right to put up a fence upon his own land, and as many as he pleases. A man must however so exercise his right, as not to injure those of another. Having once joined fences with his neighbours he cannot, when ordered to repair his share of it, evade the law, by removing it, and placing it altogether upon his _own_ ground. Where the law has once laid its hands upon a man, he must not be allowed to escape from its operation. Nothing can meet the approbation of a Court, that would look like an evasion of the law. A man cannot in one and the same breath, say he is bound and not bound. Whether a person might remove his share of a _division fence_ and place it upon his _own_ ground, prior to an inspection by the fence viewers, is a point not now before the Court. But we are very clearly of opinion, removing a fence _after_ it had been repaired in obedience to the order of two Justices, cannot exempt him from the operation of the law.

There being no error in point of law in the proceedings removed, the judgment of the Court is, they must be confirmed.

[_Poulson's Am. daily Adv._

MISCELLANY.

_Modes of salutation._--From the form of salutations among different nations we may learn something of their character, at least of their manners. In the southern provinces of China the common people ask "Ya Tan," that is, How have you eaten your rice; for in that is their greatest felicity. If two Dutchmen meet in the morning they wish each other good appetite. "Smaakelyk leten." In Cairo the inhabitants ask how do you sweat? for the not sweating is the symptom of an approaching fever. The Italian and Spaniard ask How does it stand? "Come sta." The Frenchman, How do you carry yourself? "Comment vous portez vous?" The German, How do you find yourself? "Wie befinden sie sich." The English, "How do you do?" The Dutchman says, How fare you. "Hau vaart uwe." There is one nation (we forget which) which ask "How do you live," and these are certainly the most wise of all.

_To make starch._--To make starch from wheat, the grain is steeped in cold water until it becomes soft and yields a milky juice by pressure; it is then put into sacks of linen, and pressed in a vat filled with cold water; as long as any milky juice exudes, the pressure is continued; the fluid gradually becomes clear, and a white powder subsides, which is starch.

_Chestnut wood_ has recently been successfully applied to the purpose of dyeing and tanning, thus forming a substitute for log-wood, and oak bark. Leather tanned by it, is declared by the gentleman who made the experiments, to be superior to that tanned with oak bark; and in dyeing, its affinity for wool is said, on the same authority, to be greater than that of either galls or sumac, and consequently the colour given more permanent. It also makes admirable ink.

_The ants of Valencia._--M. Humboldt informs, that ants abound to such a degree near Valencia, that their excavations resemble subterraneous canals, which are filled with water in the time of the rains, and become very dangerous to the buildings.

Mr. Heathfield has published a pamphlet, in England, proposing to pay off one half of the national debt, by an assessment of 15 per cent. on the capital of all property in the kingdom. The Courier says the project "is wise, necessary, and will be effectual," and permit the repeal of twenty millions of taxes.

_Longitude._--La Baronne De Paris Boisrowvray, has arrived in England from Paris, charged with a commission to present to the Admiralty Board, a theory of the compass, which gives the longitude and latitude of the globe, for the discovery of which the whole world has so long looked. The husband of this lady has submitted his theory to the Academy at Paris. His wife's mission to London was to prevent delay, as well as to have a trustworthy agent.

_Indian Jurisprudence._--The Cherokees, it is said, have established something like a judiciary system, and introduced into their society many of the laws and usages of civilization. Some of their savage institutions are disappearing, under the ameliorating influence of moral justice. As a specimen of the manner in which they dispense justice in cases of trivial import, we relate the following anecdote, said to be authentic:

An Indian assaulted another, of which regular information was made. The judge ordered the sheriff to bring the parties before him. The sheriff went in pursuit of them, but returned without them. "Where are your prisoners?" said the judge. "I caught them," replied the sheriff,--"What did you do with them?" "I gave the defendant fifteen lashes." "What did you do with the plaintiff?" "Gave him fifteen too." "What with the informer or witness?" "Why I gave him twenty-five lashes--for, had he held his tongue, there would have been none of this fuss and trouble." It would be well if all the dispensations of justice could be so equally and promptly administered.

[_Savannah Museum._

_Preservation of Water at Sea._--M. Pernet, after an examination of the means which are, or may be adopted for the preservation of fresh water at sea, gives the preference to the following: 1½ parts of oxide of manganese in powder is mixed with 250 parts of water, and agitated every fifteen days. In this way water has been preserved unchanged for seven years.

The editor of the Annales de Chimie observes, that oxide of manganese has the power, not only of preserving water, but of rendering that sweet which has become putrid; but he also points out the important circumstance, that the oxide is slightly soluble in water, and therefore recommends the use of iron tanks for the water, as in England.

_A species of limestone_ has been discovered in working the canal through the state of New York, and since in many parts of the country, so well adapted for water cement as to supercede the necessity of importing, as heretofore done, at great expense the principal ingredient of hydraulic mortar.

_Charleston, January 27._--We have seen a specimen of white marble, recently discovered in Spartenburg district, about five miles from Broad river. It is acknowledged to be very superior; and its grain is said to surpass that of the Italian marble.

DIED,

At Charleston, (S. C.) on the 8th instant, Mrs. STARR BARRETT, aged one hundred and twenty years--a Jewess, born in one of the Barbary states in the year 1699, but since the year 1780 a resident of Charleston.

On the 1st ult. near Annapolis, (Md.) THOMAS LANE, aged 107 years--born within 5 miles of the place on which he died. Until a few months past was able to do considerable business on his farm.

At Newport, (R. I.) on the 29th ult. WILLIAM ELLERY, Esq. in the 93d year of his age. _He was one of the signers of the declaration of independence._

On Saturday last at his residence, in Chester County, the Rev. DAVID JONES, A. M. Senior Pastor of the Great Valley Baptist Church, at the advanced age of 84 years.

At Boston, on Friday last, Don JUAN STAUGHTON, his Catholic Majesty's Consul in that town for above thirty years, aged 75.

At Chacewater (England) aged 21, ELIZABETH, daughter of Joseph Ralp; her height was only two feet ten inches; she was not at all deformed, but rather well proportioned; she was never known to laugh or cry, or utter any sound whatever, though it was evident she both saw and heard; her weight never exceeded twenty pounds.

On Saturday, the 29th of January, at their late residence in Wantage, County of Sussex, New Jersey, GEORGE BACKSTER, Esq. and his wife JANE, in the 64th year of their ages--were married 42 years. The wife survived her husband but 15 hours.

At Nazareth, (Penn.) on the 2d ult, in the 76th year of his age, Dr. JOSEPH OTTO.

At Ringwood, (England,) CHRISTOPHER COBB, aged 102, who lived in the reigns of three kings.

At Richmond, (Va.) on Tuesday, the 8th inst. ROBERT COWLEY, a man of colour, aged 125 years. For many years he had been a faithful servant to the commonwealth of Virginia, by acting as door keeper to the Capitol, which office was given him by the executive, as a reward for his revolutionary services, in which situation he gave universal satisfaction.

* * * * *

The following is a correct list of the number of DEATHS, in the principal cities of the United States.

PHILADELPHIA--3124, from 1st January, 1819, to 1st January, 1820.--_Of these, there were_

Males of 20 years and upwards, 795 Do. under 20 years, 824 ----1619

Females of 20 years and upwards, 616 Do. under 20 years, 659 ----1275

Children, principally under one } year, whose sex is unknown, } 230

---- Total, 3124 ----

NEW YORK--3176, from 1st January, 1819, to 1st January, 1820.--_Of these, there were_

Men, 895 Boys, 871 ----1746 Males.

Women, 703 Girls, 727 ----1430 Females

---- Total, 3176 ----

REMARKS.--It must be highly gratifying to the benevolent mind, and to those whose humane labours have been so long directed to mitigate the ravages of Small Pox, to learn, that there has not been a single case of death, by that disease, reported in this city within the last year--a disease which has been, for so many ages, a scourge to every part of the world; and has, at times, been particularly fatal here.

Whilst Consumption and Fever, generally, occupy a considerable space in the annual returns, it is consolatory to observe, that the former has not increased: and that Fever, particularly Typhus, so fatal, so wide spread, and so unyielding to medical skill in Europe, has been much less malignant in this city the present, than in former years.

GEORGE CUMING, _City Inspector_. _City Inspector's Office_, } _10th Jan. 1820_. }

BALTIMORE, from 1st January, 1819, to 1st January, 1820--2287; of which number, 571 were coloured persons.--_Of these, there were_

Above 20 years, 849 Below 20 do. 1440 ----2287 ----

BOSTON, from 1st January, 1819, to 1st January, 1820. Total, 1070

CHARLESTON--1092, from 1st October, 1818, to 1st October, 1819.--_Of these, there were_

Males, 639 Females, 453 ---1092

_Of whom, there were_

Whites, 492 Blacks, 600 ---1092 ----

It is a singular fact, and perhaps worthy the attention of medical gentlemen, that more deaths were occasioned by TETANUS or LOCKED JAW, in the city of Charleston, during the last three years, than occurred in the cities of Philadelphia, New York, Baltimore, and Boston, during the same period, as is shown by the following abstract:--

DEATHS BY TETANUS OR LOCKED JAW.