1835.1 COURT MARTIAL. 109 CHARGE THIRD. tified to be just and true, had been falsely and fraudu Making false returns to the Secretary of the Common-lently altered and forged. Thus suppressing the true returns of the elections aforesaid, and attempting to wealth of Pennsylvania, of an election for certain military officers held within the 1st Brigade, 1st Division, defeat the first object of all elections, the will of the people. This at Philadelphia, in the Commonwealth of Pennsylvania, P. M. CHARGE FIFTH. Brigade Inspector of the 1st Brigade, 1st Division, P. M. Refusal, neglect and failure to perform his duty as according to, and as required by the act of Assembly of 2d April, 1822, being an act for the regulation of the militia of this Commonwealth, and the supplement thereto, passed the 30th March, 1824. Specification. In this that he the said Major Daniel Sharp, Brigade Inspector aforesaid, did after an alteration and forgery of the amount of votes returned to him, the said Brigade Inspector, by the Judges and Clerks of the election, held on the 1st day of June, 1835, for certain military offices in the 1st Battalion, 96th Regiment, P. M., had been deteched and proved before an Alderman of the City of Philadelphia, (to wit, Saml. Badger, Esq.) persist and continue to consider Peter Frita one of the candidates for the office of Brigadier 6th and 11th June, 1835, neglect, fail and refuse to reSpecifiation 1st.—That the prisoner did, between the General, of the 1st Brigade, 1st Division, P. M. at the ceive the true returns of the election held 1st June, said election, for whose advantage and benefit this al- 1835, for Militia Officers of the 1st Battalion, 96th Reteration and forgery was committed in the aforesaid re-giment, when the same were lawfully tendered to him turns, to the amount of one hundred votes, to be elect- by the proper officers. ed the Brigadier General aforesaid, and did accordingly make a return on or about the 12th day of June, 1835, 6th and 11th June, 1835, after receiving the true reSpecification 2d.-That the prisoner did between the after the returns aforesaid, had been proved as aforeturns of the Militia Election held 1st June, 1835, for said, to the Secretary of the Commonwealth of Penn- the 1st Battalion, 96th Regiment, P. M., refuse, ne. sylvania at Harrisburg to that effect, in which return glect and fail to act upon the same, and to call to his said Major Daniel Sharp, Brigade Inspector aforesaid, assistance two respectable citizens, residing within the certified that the said Peter Fritz had been elected bounds of his Brigade, one of them being an Alderman Brigadier General aforesaid, by a majority over his op- or Justice of the peace, before he opened said returns; ponent of 43 votes, though he the said Brigade Inspec- and to swear or a firm the said citizens, truly to examine tor knew perfectly well that the said alteration and for- and cast up the same, and make a fair and correct copy gery of one hundred votes had been committed in favor thereof, and to have administered to himself by the said of Peter Fritz aforesaid, and had been by him the said Alderman or Justice of the Peace, the same oath or afBrigade Inspector, enumerated and certified as true, firmation, and to file and preserve in his office the said just, and legal votes to the said Secretary of the Com-returns-and did further neglect, fail and refuse to remonwealth of Pennsylvania, thereby making a false return of the election held in the first Brigade, 1st Di vision, P. M. on Monday the 1st day of June, 1835. This at Philadelphia in the state of Pennsylvania. Specification. In this, that he the said Major Daniel Sharp, Brigade Inspector aforesaid, after he had been assured in the most solomn way and manner by each and all of the Judges and Clerks of the election, held on Monday the 1st day of June, 1835, in the 1st Battalion of the 96th Regiment, P. M., for certain military officers, that an alteration and forgery of the returns which they had made to him the said Brigade Inspector, of the election aforesaid, had been perpetrated and committed since the said returns had been respectively signed by them the said Judges and Clerks, and since the said returns had left their respective control and possession (to wit-on or after Thursday the fourth day of June, 1835,) and that the said Brigade Inspector, after the said Judges and Clerks, had through their superintendent Judge, Major John Johnson of the 96th Regiment, P. M., tendered to him the said Brigade Inspector, the true and official returns of the said election, signed, sealed and presented according to law, and within the time prescribed by law for such purpose, to wit:-On Monday the 8th day of June, 1835, at the office of the said Brigade Inspector, did continue to regard the first mentioned returns of the election aforesaid, though thus declared by the said Judges and Clerks to have been fraudulently altered and forged without their or either of their knowledge or consent, to the amount of one hundred votes in favor of Peter Fritz aforesaid, as the only true, just and official returns thereof, and that the sa'd Brigade Inspector, did accordingly certify the same to the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, to wit: -On or about the 12th day of June, 1835, though he actually knew that the said returns which he thus cer turn to the Judges and Clerks of the said election of 1st Battalion, 96 Regiment, when duly demanded by them, the altered and fals fied returns aforementioned. Specification 3d.—That the prisoner so negligently guarded and kept the first returns made to him 4th June, 1835, by Major Johnson, that the contents of the same became publicly known, and that an opportunity was thus afforded, which was used by some person unknown, of falsifying and altering the same in the manner aforementioned. Specification 4th.-That the prisoner neglected, failed and refused to perform his duties according to, and as required by the acts of Assembly aforementioned, whereby by the militia election held 1st June, 1835, Peter Fritz, one of the candidates for the Brigadier Generalship, was made to appear to be elected, when he received only a minority of the votes polled. ed and refused to send to Andrew M. Prevost, the sucSpecification 5th.-That the prisoner neglected, failcessful candidate for the Brigadier Generalship at the election held June 1, 1335, a written certificate of his election. Specification 6th.-That the prisoner sent to Peter Fritz, the unsuccessful candidate for the Brigadier Ge. neralship, at the election held 1st June, 1835, a written certificate of his election. Specification 7th.-That the prisoner did, on the 15th June, 1835, when no vacancy of the office of Brigadier General had occurred by refusal to accept, reisignation, removal, death or otherwise, but when the same was full, and had been filled for the seven years ensuing, by the recent election held 1st June, 1835, order an elec. tion for Brigadier General to be held 29th June, 1835. Specification Sth.-That the prisoner did, on the 15th June, 1835, when no vacancy of the office of Brigadier General had occurred by refusal to accept, resignation, removal, death or otherwise, but when the said office was full, and had been filled for the seven years ensuing, by the recent election held 1st June, 1835, order an election for Brigadier General to be held 29th June, 1835, which said election was held accordingly 29th June, 1835, and by the prisoner was acted upon as to 110 [Signed,] the Court. JAMES PAGE, C. J. INGERSOLL, Judge Advocate. the returns of the said election, and otherwise, as if the which called them together, in the hope it may be be. neficial to the military service, to the State, and a salusame had been legally ordered, held and conducted. Specification 9th.-That when the said election for tary warning that militia discipline, though not severe, Brigadier General, held 1st June, 1835, was duly con-is yet capable of repressing any endeavor utterly to tested according to the provisions of the act of Assem-subvert it bly in such cases made and provided, of which the prisoner was well aware, and of which he had due no- Col. 108 Regiment Line, Volunteers, and President of tice, the prisoner afterwards (to wit, between 4th and 15th June, 1835,) received and treated as valid the refusal to accept the Brigadier Generalship of Peter Fritz, one of the candidates at the election thus duly contested, and acted upon that refusal to accept, as if it were valid; and thereupon, on the 15th June, 1835, ordered a new election for the office of Brigadier Gene-ered and enquired into the facts, matters and allegations ral to be held 29th June, 1835, as if a vacancy had charged and specified in Charge First, and the several actually, and lawfully occurred; and the said election, specifications thereto annexed, are of opinion they have under such orders, was held 29th June, 1835, and was no jurisdiction over the same, and therefore decline acted upon by the prisoner, as to the returns of the passing upon them. election and otherwise, as if the same had been legally ordered, held and conducted. To which, the accused not appearing, the Judge Ad vocate entered the plea of "NOT GUILTY." tence: The Court having maturely and deliberately consid And further, having maturely and deliberately considered and enquired into the facts, matters and allega tions charged and specified in Charge Second, and the several specifications thereto annexed are of opinion The Court then proceeded in the examination of wit. they have no jurisdiction over the same, and therefore decline passing upon them. nesses, and other documentary evidence, and, after And further, having maturely and deliberately conseveral sittings and adjournments, on the twenty-fourthsidered and enquired into the facts, matters and allegaday of July, 1835, gave the following opinion and sentions charged and specified in Charge Third, and the “Five Charges and eighteen Specifications were sub-specification thereto annexed, are of opinion they have mitted to the Court. Upon four of the Charges and no jurisdiction over the same, and therefore decline sixteen of the Specifications, the doubt entertained by passing upon them. them of their jurisdiction of the matters of accusation there set forth, have induced the court to decline to pass upon them. Tenderness towards the accused, and a reluctance to assume any authority not clearly be longing to them, resolve all their doubts in his favor. They have left to the civil jurisdiction of the country, And having maturely and deliberately considered and all that could be debateable between them; or in which their power might be concurrent. They have taken enquired into the facts, matters and allegations specified cognizance only of what the act of Assembly has made in the 1st specification of the 5th Charge, are of opin. ion they have no jurisdiction over the same, and theretheirs exclusively, and have found the Brigade Inspec-fore decline passing upon them. tor guilty upon the most indisputable proof. most extensive mischief and crime. st. And further, having maturely and deliberately considered and enquired into the facts, matters and allega tions charged and specified in Charge Fourth, and the specification thereto annexed, are of opinion they have "o jurisdiction over the same, and therefore decline passing upon them. And further, having maturely and deliberately con 1. Of a neglect of duty as the keeper of certain pub-sidered and enquired into the facts, matters and allegalic documents, which was the immediate cause of the tions specified in the 2d specification of the 5th Charge, are of opinion they have no jurisdiction over the same, 2. Of arrogation, in the face of the plainest provi-and therefore decline passing upon them. sions of the law of the land, of powers the most extraor dinary that an inferior officer ever ventured to grasp Assumed too, not in ignorance, but in defiance of the law. He has snatched from the Major General the authority given by the Legislature to settle contested elections, and of his own will has degraded one candidate for military place, and promoted another to the He has made this bold invasion vacancy thus created. upon the rights of the voters of the Brigade and his superior officers, with no questionable law or precedent to countenance him. His proceedings are equally novel and extraordinary, and if warrantable, preclude the possibility of filling any office in the Division but with his approbation. Nay, after his confirmation of a military appointment has been extended to the candidate of his choice, he might, upon the principles he would establish, cashier him and call a new election at any moment before the officer was actually commissioned. And further, having maturely and deliberately considered and enquired into the facts, matters and allegations specified in the 3d specification of the 5th Charge, and the evidence relating thereto,do find that the said Major Daniel Sharp, Brigade Inspector aforesaid, Guilty of so negligently guarding and keeping the first returns made to him 4th of June, 1835, by Major Johnson, that the contents of the same became known and that an opportunity was thus afforded, which was used by some persons unknowu, of falsifying and altering the same in the manner aforementioned. And as to the rest of the said specification they do find the said Major Daniel Sharp Not Guilty. And further, having maturely and deliberately consi. dered and enquired into the facts, matters and allegations specified in the 4th specifiation of the 5th Charge, are of opinion they have no jurisdiction over the same, and therefore decline passing upon them. And further, having maturely and deliberately consi tions specified in the 5th specification of the 5th Charge, dered and enquired into the facts, matters and allegaare of opinion they have no jurisdiction over the sanie, and therefore decline passing upon them. The Court have not pretened to meddle with the agitated question of the election for Brigadier General held 1st June last. It did not come within their pro vince, more than the Brigade Inspector's. It matters not which is the successful candidate, the election is in contest in due form under the act of Assembly, and for And further, having maturely and deliberately consi them or him to undertake to settle it, by assuming that this or that candidate is the one elected, or by calling a dered and enquired into the facts, matters and alleganew election, is a flagrant violation of the written sta- tions specified in the 6th specification of the 5th Charge, tutes of the State. Of such an outrageous neglect of are of opinion they have no jurisdiction over the same, the proper duties imposed on him by the law, the Bri.and therefore decline passing upon them. gade Inspector has been convicted. Their sentence, the result of careful and patient investigation, and based upon this finding, the Court submit to the authority And further, having maturely and deliberately considered and enquired into the facts, matters and allegations specified in the 7th specification of the 5th Charge, are of opinion they have no jurisdiction over the same, and therefore decline passing upon them. And further, having maturely and deliberately considered and enquired into the facts, matters and allegations specified in the 8th specification of the 5th Charge, are of opinion they have no jurisdiction over the same, and therefore decline passing upon them. Battalion neglects or refuses to attend, or in case there is no Major, the Brigade Inspector shall appoint one respectable citizen, residing within the bounds of said Battalion, to superintend and conduct said Election, and the said Major, or citizen appointed as aforesaid, shall attend at the time and place fixed on for the election, and shall, prior to the opening thereof, select another respectable citizen, who, with himself, shall act as And further, having maturely and deliberately considered and enquired into the facts, matters, and allega-judges to the said election. According to the testimony, tions specified in the 9th specification of the 5th Charge, and the evidence relating thereto, do find the accused, Major Daniel Sharp, Guilty thereof. And, upon Charge the 5th, the Court find the accused, Major Sharp, Brigade Inspector of the 1st Brigade, 1st Division, P. M., Guilty, and do sentence him, the said Major Daniel Sharp, Brigade Inspector of the 1st Brigade, 1st Division, P. M., to be cashiered; and the Court do further declare him, the said Major Daniel Sharp, Brigade Inspector of the 1st Brigade, 1st Div. P. M. incapable of holding a commission in the Militia or Volunteers for the term of three years, from and after this 24th day of July, in the year one thousand eight hundred and thirty-five. JAMES PAGE, (Signed) Mr. Curry was the superintendent, and was appointed, not by the Brigade Inspector, as the act requires, but by Major Fritz, who has by law, no shadow of authority to appoint a substitute. Mr. Perlasca supposed he was appointed assistant judge partly by Major Fritz, andpartly by Mr. Curry;" Mr. Curry says, "I do not know who appointed him (Perlasca;) Major Fritz said he apa pointed us two judges." It is, however, clear that the Brigade Inspector not having appointed Mr. Curry, his appointment of Mr. Perlasca (if he had appointed him) would have been void. It cannot alter the case that the proceedings were regular as the swearing of the judges, &c. for if they were not appointed judges they sat as private citizens, with no other rights than any two other citizens possess to hold elections, take notes, Col. 108th Regiment Line Volunteers, and President of or judge of the admissibility of votes-We conceive the Court. C. J. Ingersoll, Judge Advocate. HEAD QUARTERS, 1st Brigade, 1st Division, P. M. Philad., 27th July, 1835. Brigadier General Prevost approves the Sentence of the General Court Martial, and orders the sentence to be carried into immediate effect. The General Court Martial, of which Col. James Page is President, is hereby dissolved. By command of the Brigadier General, B. COOMBS, Brigade Quarter Master, and Acting Brigade Major. HEAD QUARTERS, 1st Brigade, 1st Division, P. M. BRIGADE ORDERS, No. 43. OPINION. "The present Board has been constituted according to Law, on application of at least 58 of the Volunteers of the 128th Regiment, who voted at an election for Regimental Officers of said Regiment, held on Monday, June 1st, 1835, for the trial of said election. It has been clearly established by the testimony of Messrs. Curry and Perlasca, the judges of the elections, that Mr. Curry was superintendent of the election, Major Fritz having declined to officiate; that Mr. Curry was appointed by Major Fritz, and not by the Brigade Inspector; that Mr. Perlasca was appointed either by Major Fritz, or partly by him and partly by Mr. Curry, at the Battalion Parade in May, some days before the election. Mr. Curry says he does "not know who ap them to be in the position of an individual who under. takes, without the appointment or commission of the Governor, to exercise the duties and authority of an Al derman-to issue process, to hear and decide causes, and enforce his decrees by execution. As the tribunals of law would not recognize his decision, or permit the service of his process, however equitable his judgments, so we cannot admit the validity of an election conducted by unappointed private citizens, not clothed by law with any powers that are not common to the rest of the community. The Board, therefore, are of the opinion that Peter B. Curry and James Perlasca were not appointed according to law, judges of the election in question, and that the polling of votes under their superintendence, was not an election according to the provisions of the militia laws of this Commonwealth. The Board are further of opinion, that the applicants have failed to establish the reception of any illegal vote, except so far as that, before judges not duly appointed, all votes given are illegal or not in conformity with the requisitions of law. The Board finally, for the reasons above stated, in execution of their duty, declare the election for Field Officers of the 128th Regiment P. M. held on Monday, June 1, 1835, to be null and void, and set aside the election accordingly." The election of Field Officees in the said Regiment being thus declared void, the Brigadier General hereby announces the offices of Colonel, Lieut. Colonel, 1st and 2d Majors of the 128th Regiment P. M. to be vacant. The Board of Officers convened for the trial of the election in the 128th Regiment of the Line, is hereby dissolved. ANDREW M. PREVOST, Brig. Gen. 1st Brig. 1st Div. P. M. By order of Gen. A. M. PREVOST. B. COOMBS, Brigade Quarter Master, 1st Brig, 1st Div. P. M. MR. MILLS' TENTH ASCENSION. pointed Mr. Perlasca; Major Fritz said he appointed us To the Editor of the York Gazette. two Judges of the election." The Militia Laws are sufficiently explicit as to the manner of conducting SIR-You may remember that I left you at York, at elections, and the Board do not feel at liberty to sub- half past four o'clock precisely, with a light breeze stitute any forms of proceeding in place of those pre- from S. W. by W., by means of which I hoped to float scribed by law, their duty being to examine how far the to the seaboard. Barometer 29 9, Thermometer 80 election has been legally conducted according to the deg. At 4 hours 85 minutes, had acquired an elevation statute regulating the mode in which such elections shall of 2261 feet-Bar. 27, 3. Ther. 51, 5. At this height be carried on. It is provided that if the Major of the the view was of course extensive, and very beautiful. I could see York, Columbia, Lancaster, Mountjoy, Marietta, the long line of the Susquehanna, and the yellow stubble fields splendidly contrasted with the dark green woods. has several hands now engaged in making farther researches for this useful mineral, and he is of opinion that an immense quantity of it may be found in that vicinity. Should his hopes be realized, it would be impossible to surmise the importance which would at once be attached to that section of the country, which heretofore has rather been out of the line of improvement. We really hope that the Rail Road which is about to be construct covery of this new mine, will give a spur to enterprisę and improvement there which have so long been groaning under the disadvantages of too great a devotedness to the lumbering business.-Owego Gaz. At 4 hours 42 minutes, being at my greatest elevation, (9483 feet) the Bar. 19, Ther. 35 deg. I found the wind inclined more to west, and so as to take me a little to the east of Columbia. At this time I was sorry to perceive a dark cloud ap-ed through Tioga County, Pa. together with the disproaching me rapidly from the north west; its fleetness was fearfully marked by the black shadow which careered along the surface of the earth. That and the thunder which was in the clouds, induced me to think of taking shelter at Columbia, so that I might afterwards continue my voyage. I accordingly let out some gas, and finding below, a more southerly current of air, was enabled at 10 minutes after 5, to land at the foot of the inclined plane, in the farm-yard of Mr. Strickler, about one fourth of a mile from Columbia, FUEL SAVINGS SOCIETY. The Board of Managers of the Fuel Savings Society respectfully Report: That the Fuel Committee procured during the last Without getting out of my car, I was conveyed by year 230 cords of good oak wood, of which each dethe citizens, by means of my anchor rope, into Colum-positor received the amount which his deposite entitled bia, and remained there nearly an hour. Having an abundant ascending power, I prepared to start again, when fortunately a friendly eye, from the top of a neighboring house, detected a fracture in the netting of the balloon, which was probably caused by the projecting branches of some trees, under which it was drawn, in entering the town. This unlucky accident rendered the further prosecution of the voyage impossible, so that I was reluctantly compelled to let out the gas and fold up the balloon. Had I not been drenched with rain before starting, I might have risen above the clouds, and avoided the risk of being carried out of my way, but wet as I was, the cold was too severe even at the elevation already attained. The good people of Columbia were evidently much gratified by witnessing the descent of the balloon, and the evolutions necessary to effect a landing. They also participated kindly in my disappointment, and endeav ored to make not only the voyager more comfortable, but the voyage more profitable. I am especially under obligation to Mr. Gosler and Mr. Borbidge.' I cannot be too grateful to the citizens of York, who during the inflation of the balloon, encountered a heavy rain, to assist me in preserving it from the hazard of a violent wind. Yours very respectfully, JAMES MILLS. SINGULAR DEATH OF A HORSE On Wednesday last, an individual having occasion to visit a neighbor, on alighting made his horse fast to the fence in the neighborhood of a bee-hive. A few moments after, the attention of the person was attracted by the uneasiness of his horse who was discovered to be totally covered with bees, he made an attempt to liberate the poor animal but met with such a warm reception from the bees that he was obliged to desist, after having been most severely stung. Another individual then procured a blanket, in which enveloping himself he succeeded in liberating the horse, which by this time was so stung as to be scarcely able to move and died within a few rods of the spot within two hours. The horse when hitched was some-what warm, and the simultaneous attack of the bees, was caused doubtless by the effluvia arising from the beast. Bees have a great antipathy to any thing of an unpleasant smell, and frequently desert their hives, on account of the existence of offensive substances in the neighborhood.-The occurrence above mentioned took place in the eastern part of the county.-Crawford Messenger. LEAD ORI.-We are indebted to the politeness of Maj. Ezra Long, of Troy, Bradford Co. Pa. for a specimen of this ore which he has recently discovered imbedded in the township of Union, Tioga Co. Pa. about 100 rods from the contemplated line of Rail Road between Elmira and Williamsport. Maj. Long, we believe, him to. The severity of the late winter, and the consequent high price of wood during the latter part of it, has afforded the best illustration of the advantages to be derived from this institution; for it is a fact worthy of notice, and which affords the managers singular pleasure in mentioning, that while the depositors in the society were receiving wood at $4 40, this indispensable article of comfort was selling at $8 to $9 per cord: we would therefore take this opportunity of repeating the suggestion frequently made, to all those who may employ others, to endeavor to prevail upon them to save from their weekly or monthly earnings, such sums as they can spare; and that their deposites be made in due season, as many instances have occurred of applications being made by depositors after the prescribed time. By order of the Managers. WM. MASON WALMSLEY, President. HAZARD'S REGISTER OF PENNSYLVANÍA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. XVI.--NO. 8. EDITED BY SAMUEL HAZARD. PHILADELPHIA, AUGUST 22, 1835. DELAWARE RIVER. Executive Department, To the General Assembly of the State of New Jersey:I have the honour to transmit to you the Report of the Commissioners appointed under the Joint Resolution of 17th January, 1833, for purposes therein mentioned; and, also, an agreement made and concluded, on the 22d day of November last, between the said Commissioners, and the like number of Commissioners appointed by the Executive of Pennsylvania, under a similar Resolution adopted by the Legislature of that State; together with sundry documents referred to in said Report. P. D. VROOM. No. 308. By the war of the Revolution, and the Treaty of Peace, between the United States and Great Britain, the States of Pennsylvania and New Jersey acquired a property in the waters of the Delaware equally-that is, each State to the channel in the tide, and to the middle of the river in the stream, on its own side. The agreements between the two States of 26th April, 1783, and 2d December, 1785, as to the jurisdiction and the partition of the Islands, in that river, recognize this principal, and are bottomed on it. Those agreements touch not the property of each State, within its own territory, but leave it to the rules established in such cases by the law of nations. By that law, where no compact interferes, the property of each State, to the middle of the river in the stream, is as absolute as the subject matter permits; and to the shores and ground covered with water within those limits, the property of each state, is as perfect and unlimited as to other parts of its territory. The agreements referred to, amount to a partition, and each holds its own in severalty, fully and entirely independent of each other, leaving the waThe undersigned Commissioners, appointed in pur- ters of the river, which were incapable of division, to be suance of a Joint Resolution of the Council and General enjoyed in common. The right to property in the waters Assembly of the State of New Jersey, passed the 17th of a river, can only exist for appropriate purposes: of January, 1833, "to meet Commissioners on the part among which are navigation and transit; and, therefore, of the State of Pennsylvania, to view a certain Dam in the rights of navigation and passage on the entire river the River Delaware, at Well's Falls, as well as any oth- between the two States, would have remained in com. er obstructions in said River, authorized by either State, mon to the citizens of both States, independent of any or the citizens thereof, and ascertain the facts, and agreement-and the right to the use of the waters, for make report thereof, to the Governors of the respective public improvements, is subordinate to the paramount States," and, "also, to report how the said obstructions right of navigation, and limited by that alone, if it can may be obviated, having a due regard to a safe and be enjoyed without the erection of obstructions in the convenient navigation of the River, and the use of the river itself. The limitations upon the rights of property waters thereof, for actual or contemplated improve-in a river between two coterminous States, by the law ments, without injury to the said navigation," respectfully report: To His Excellency, Peter D. Vroom, Esq. Governor of the State of New Jensey: That they entered upon the trust assigned to them, with an anxious desire to obtain all the information necessary to enable them to discharge it, as well with understanding and fidelity to the interests of the State of New Jersey, as those liberal principles of comity which ought to mark the intercourse of sister States, bound together, by the Federal compact, and community of interests. It could not escape the attention of the undersigned, that the State of Pennsylvania had constructed a Canal, in her own territory, from Easton to Bristol, called, the Delaware Division of the Pennsylvania canal,'which is supplied by the waters of the Le. high, one of the principal tributaries of the Delaware. To supply that canal, Pennsylvania had, without the consent of New Jersey, and before she had exercised a similar right, constructed a Dam at the mouth of the Lehigh, which almost entirely diverts the waters of that stream (the greatest which rises in the State of Pennsylvania, and runs into the Delaware,) from its natural Course, before it reaches its destination in its natural How and channel. The undersigned considered that the law of nations, had settled the principle, that where two independent States have an equal property in a river which lies between them, neither has any more right to divert the waters of a tributary stream of that river, from its natural course, before it reaches its destination, than to divert the waters of the river itself. VOL. XVI. 15 of nations, depend upon that great principle of natural justice, that each must so use its own right, as not to destroy, or materially injure, the right of the other. The undersigned, therefore, considered it as a settled principle of the law of nations, which was not affected or impaired by the agreements between the two States, that each might use the waters of the Delaware, for public improvements authorized by either, provided that the navigation and right of passage was not thereby injured or interrupted. The undersigned believed that Pennsylvania acted upon this principle in authorizing a Dam upon the Lehigh, which diverts the whole of that important tributary of the Delaware from its natural course, to supply with water that great public improvement, the Delaware Division of the Pennsylvania Canal, without the consent of New Jersey, and without asking its permission. Upon any other principle, that erection could not be justified. It appeared to the undersigned, that it was a bad rule that would not work alike on all; and that it would be unjust to the great and patriotic State of Pennsylvania, to suppose that she would adopt a rule, which she would deny to her co-proprietors of the waters of the Delaware. New Jersey had but followed out the rule established and recognized by the State of Pennsylvania, when afterwards she, by law, authorised the Delaware and Raritan Canal Company to supply that great public improvement made under her sanction, with water from the Delaware. The admirable location of that Canal |