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timber crib work, filled with stone, and the upper ends of the sluice walls be made sufficiently high, as always to afford a sure index to the watermen of the channel prepared for them. The length of the sluice walls proposed, is such, as is calculated to reduce the fall to an angle, sufficiently small to admit the descending trade always to pass through with ease and safety.

The obstacles which nature has interposed at this place, as a barrier to a safe navigation, are such as induces me to believe that I hazard nothing in expressing my opinion, that the dam and sluice proposed, will, if properly constructed, instead of injuring, be a decided improvement to the descending navigation of the Falls.

The sluice will, by concentrating a much larger por tion of water than has heretofore flowed in the natural boat channel, enable persons who are at all accustomed to the river, to pass these falls without the aid of a Pilot, which is now considered necessary. Indeed, if the proposed dam and sluice should be constructed, it will be effecting a valuable improvement to the river navigation at this important point, whieh the united efforts of Pennsylvania and New Jersey should have accomplished several years ago without reference to its utility as a canal feeder.

In order to secure to the people, the advantage of an ascending navigation, it is proposed to connect the canal with the river by a set of combined locks of seventeen feet lift, at or near the mouth of Neely's creek, about one mile below the proposed dam, which will enable the river craft to pass into the canal, from whence they can again be returned to the river by the means of an inlet or guard lock which can be constructed to answer the treble purpose of feeding the canal, of passing the ascending trade, and (if locks are constructed on the Jersey side of the river,) of affording a safe and easy connection with the Raritan and Delaware canal, at, or near Lambertsville.

It may be proper to remark before closing this report, that the eastern end of the proposed dam at Wells' Falls, would terminate on a mound of solid rock, which forms the bank of a Raceway belonging to the Raritan and Delaware canal company, and that by the construction of the dam, the water privilege at that place will be materially enhanced in value.

In the hope that you will excuse this brief and hasty report, consequent upon the limited time allowed me, from other engagements, to prepare it, as well as to make the examination. Fremain,

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Gentlemen-In pursuance of the commission above named, to employ a competent and disinterested enginear to ascertain the most practical and economical manner of supplying the Delaware division of the PennThe Lehigh river has, during the past season, afford-sylvania canal with water, at or near Wells' Falls on ed an ample supply of water for the canal from Easton the river Delaware, and from that place to the next to Newhope, and I am of opinion that it will always be lock below, and to furnish such plans, specifications, capable of doing so. The time however may come, and estimates as may be deemed necessary for that when a more active trade than that of the past season, purpose; and of the supplemental resolution, authoriwill show the propriety of introducing a feeder to the zing said Commissioners, by their engineer, to ascercanal, at some point on the Delaware, above Newhope.tain how the obstructions in the river Delaware may be My examination of the obstruction which has been obviated, having a due regard to the safe and convenierected by the Trenton water company, in the river at ent navigation of the river, and the use of the waters Scudders' Falls, enables me to say, that the navigation thereof, for actual or contemplated improvements, withat that place cannot be perfectly restored, except by out injury to the said navigation; and of a note of inthe removal of the mound which now occupies the ori-structions from John Sergeant, Esquire, authorizing ginal boat channel. It may however be considerably improved by the removal of the gravel bar, deposited near the head of the mound, and by the erection of a wing dam from the outside of the present channel to the western shore of the river, which will by accumulating a greater body of water in the channel lessen the present liability of boats to ground—impediments how ever, will always be likely to accumulate at this point, and render the passage of boats difficult, in consequence of the abrupt termination of the mound, which presents a check to the current at high water, and thereby forms an eddy, the natural consequence of which, is a deposite of sand or gravel in its immediate vicinity.

In reference to your inquiry as to the effect upon the navigation of the river, by deepening the head of the feeder to the Raritan and Delaware at Bulls' Island, I am not prepared to give a satisfactory answer. On a visit to the point in question, it appeared that the works contemplated by the company at the entrance of the feeder were incomplete. The arrangement however, is one which is calculated to place at the command of the company, a large portion of the river during its lowest stages and should the water be drawn through the feeder, for any other than navigable purposes, it would in all probability tend to injure the natural navi. gation of the river during low water.

the engineer to extend his examinations above Easton, should he deem it necessary to enable him the better to report in detail to said commissioners upon the points which he is inquiring:-The undersigned, having a due sense of the duties which the law and the resolution have required, and which are given him in charge by the Commissioners, has the honor of laying before you the result of his researches and observations on these interesting subjects.

General considerations connected with the subject, as well as information obtained from competent authori ty in the neighborhood, sustained by the opinion of one of your body, determined the proper point for the com mencement of the inquiry to be at the junction of the Lehigh and the Delaware. Easton was therefore chosen as the point of commencement for the investigations.

From Easton to Bull's Island, a distance of about thirty miles, there is no serious impediment to the na vigation of the river. Its natural course is obstructed by shoals and rocks, still preserving a channel which the experienced waterman readily finds, and in the spring of the year, when bigh waters generally prevail, the difficulties are entirely overcome, and a navigation is presented free from danger.

A prominent feature in this portion of the river, is Warford or Tumble Falls. The river at this point, has

a mean width of nearly one thousand feet, and falls at navigation of the river; but the undersigned has no conthe rate of 9.36 feet per mile, passing over rocky bot-fidence in results derived from the involvement of untom; the channel is nearly straight and is easily navi- certain data, he therefore refers the decision nf the imgated; nor is the ascending navigation as difficult here portant question to practice, the sovereign arbiter on as frequently occurs on rivers where the fall is less, this occasion. owing to the counter currents which exist along the Jersey shore, occasioned by the peculiar course of the river above the head of the falls.

This point is recommended strongly as the site for a feeder for the Delaware division of the Pennsylvania canal, which may be effected without injury to the navigation of the river, by extending a dam from the main land to the foot of Cut-bush Island, and connect ing the other Islands, which continue to the head of the falls, by similar works.

Between the site on the Pennsylvania side of the river, where I have recommended the location of a feeder for the Delaware division of the Pennsylvania canal, and a point on the same shore nearly opposite the head of Bull's Island, it has been suggested that an outlet lock should be made, by which the trade of the Pennsylvania canal might be drawn off towards the city of New York, via. the feeder and the Delaware and Raritan canal. In reference to the practicability of such a purpose, I have examined the circumstances, and find the depth of water, at the lowest stage of the river, highly favorable, with other facilities near the spot, to such a scheme, and can be effected without injury to the navigation of the river,

The next point of consideration, is at Bull's Island, where the State of New Jersey has authorized impor tant works for the benefit of the Delaware and Raritan canal company, of which, a particular notice should be taken in this report as intimately touching the spirit and letter of instructions under which the undersigned is inquiring, to wit: "to have a due regard to the safe and convenient navigation of the river." At this point, water is to be abstracted from the river, to supply the trade of the above canal, by a feeder twenty-two and a half miles in length, the water line of which is sixty feet, bottom width thirty-six feet, depth six feet, and a descent of two inches per mile, with one lock of ten feet lift. The mean velocity of such a feeder is 10.5 inches per second, which, multiplied by the area, gives 252 feet per second. This feeder joins the summit level of the main canal near the city of Trenton.

From Bull's Island no obstructions are met with, in a distance of seven miles.

That portion of the river near New Hope, called Well's Falls, is perhaps the most difficult and dangerous part of the navigation; the descent in one mile is nearly thirteen feet-the water rushes impetuously over and among rocks and shoals, and the channel assumes so iregular and tortuous a course that there is much uncertainty in the navigation, and occasional losses of property, even by skilful navigators. This place has frequently been the subject of consideration, with a view of obviating the difficulties so justly complained of; the plan proposed has been, in every instance, to form a new channel, by removing the rocks, but has never been completed; a perseverance in the same scheme is recommended as cheaper and more effective than any other in obviating the difficulties, as far as the rafting trade is interested. Also, that the wing dams and machinery be removed which have been erected by the state of Pennsylvania, for the purpose of supplying the Delaware division of her canals with water. To facilitate the ascending and descending boat trade of the river, at this point, I recommend that out-let locks he constructed at the head and at the foot of the falls, and from the Pennsylvania Canal.

The next serious obstruction occurs at Scudder's Falls; the works erected at this place, by the authority of the State of New Jersey, have encroached upon the main channel to such an extent as seriously to interrept the navigation of the river. By the erection of a protection wall to the Trenton water works, more than one half of the river channel has been closed, and the remaining portion has been so far filled with deposit from the river, occasioned by counter currents produced by the erection of said wall, as to prevent in the ordinary state of the stream, the free passage of the river craft; with a full load, boats are necessarily obliged to be lightened, on arriving at this point, by transferring a part of their cargo to other vessels, at the expense of much time and labor, to enable them to proceed on their voyage.

The main canal, from the point of entering the Dela- The removal of all the works which have been erectware river at Bordenton, to where it enters the Raritan ed by the Trenton water company, in this vicinity, is river, near New Brunswick, is about forty-four miles in the only method of regaining the use of the old channel, length, with a water line of seventy-five feet in width and thus restoring to Pennsylvania the original and and seven feet in depth, bottom width forty-seven feet, unalienated right to a free and undiminished navigation and is said to be so constructed as to allow of increas- of the river; but the undersigned deemed it within his ing the water line to eighty feet, and the depth to eight province to seek for an alternative to so extensive a safeet. It descends from the summit level to the Delacrifice, and his examinations have led to the belief, that ware at Bordentown, by seven locks of eight feet lift each, and into the Raritan near New Brunswick, by a like number. The locks are twenty four feet in width, and one hundred feet in length in the chamber.

The greater quantity of water necessary to sustain the maximum trade of this canal and feeder, must be taken from the Delaware river at the head of Bull's Island; what effect the abstraction of such a quantity of water would have on the navigation of the river, it is impossible to ascertain with accuracy, owing to the uncertainty of the data connected with such an inquiry; for it is fact well established, that in no instance has practice ever confirmed the theoretical principles given by those who have considered the subject of supplying canals with water, when evaporation, filtration, and leakage, are items in the calculation. Therefore, as these and other circumstances are unknown, the undersigned is constrained to decline declaring what would be the actual result, where such vital interests are concerned. He has, however, involved all the data which were within his reach, and tested them with formula applicable in such cases, and the results have been that the river was adequate to the supply, without injury to the

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a new and efficient channel may be opened, by daming the inferior outlet, between Duer's and Slack's Islands, to four feet in height, and clearing a water course through the shoals which extend from Duer's to the main channel, at the foot of Slack's Island. As the necessity of this expedient has resulted from works authorized by the State of New Jersey, and the advantages of which accrue to her alone, she would appear bound to obviate the difficulties, and as they are of a very serious character, should be required to accomplish it without delay. Until this new channel be formed, it is recommended that the deposit be removed from the remaining portion of the old channel, as a means of relieving, in some degree, the suffering trade of the river.

From Scudder's Fulls to tide water the river navigation has no obstructions; the wing dams which have been erected here from either side of the river have tended much to the improvement of the channel.

No report upon the navigable improvement of the Delaware would attain its end without some remarks insisting upon the propriety, nay necessity, of keeping that noble stream always open and unimpaired for the

The time expended in locking, upon the supposition that arrivals occur simultaneously at the head and foot of the lock, is estimated at eight boats per hour-this multiplied by the mean expense of water (three-fourths of a lock full) gives six locks full per hour as the maximum navigation. The prism of the lift of the locks between Easton and New Hope, contains seven thousand eight hundred and fifty cubic feet, three-fourths of which, or five thousand eight hundred and eightyeight cubic feet, by the estimate above would be required for each boat, consequently the demand on the Lehigh would be 192 X 5,888 = 1,130,496 cubic feet in twenty-four hours.

transmission of produce, both up and down, through-the same number of boats should simultaneously arrive out its original course. Although the undersigned will at the head and foot of each level. To compensate not attempt to controvert the opinion, somewhat en- however for a deviation from this mode of arrivals, and thusiastically expressed by a great projector, that for the variation in the lift of the locks, an addition of rivers were intended to feed canals, yet it may be doubt- one fourth of a lock full is deemed sufficient, giving ed whether the dictum be altogether true, more es- three-fourths of a lock full of water for each boat as the pecially when referring to such extensive water courses whole quantity expended by lockage. as the Delaware. The wisdom which would drain its present bed for the purpose of supplying a lock navigation, however extended or perfect, might well be questioned by an indifferent observer, and would certainly engender discontent among a numerous portion of our fellow-citizens who rely upon it as the most direct and facile highway, to a market for their productions. A main staple of the upper country, watered by this stream and its tributaries, is of a description that will bear no other means of transportation to its customary market, than the open natural course hereto. fore always in use for that purpose, and on no consideration should the descending navigation be at all obstructed; should the time ever arrive when it would be necessary to resort to canal navigation for the transport of lumber from the interior, it is presumed that the transport of it to New York, through the Delaware and Hudson canal, would be so much more advantageous, than by the Delaware division of the Pennsylvania ca. nal, as to deprive the State of Pennsylvania of almost the whole of that natural staple of her uncleared for

ests.

In estimating the importance of preserving the navigation of this stream unimpaired, it should be kept constantly in view that for several weeks in the spring it is available earlier than the canal, and continues open in the fall a still longer period: and these considerations should alone induce a reasonable degree of caution in advancing any project having a tendency to deteriorate its native powers of transportation.

Evaporation is estimated at one cubic foot per minute on each one hundred thousand square feet.

Filtration is an item that depends on so many contingencies that it is difficult to arrive at its precise quantity. The amount of loss from this source on the New York canal, which has forty feet water line, and four feet depth, was rather exceeding one hundred cubic feet per mile, per minute, for the few first years after the introduction of the water; the banks however have become compact, and the bottom tighter, by puddling, consequently filtration considerably lessened. All new canals are subject to more or less loss by filtration, depending on the quality of the soil through which they pass and of which the banks are constructed; in pro cess of time however these become more solid, and leakage on this account decreases. In the instance of the Delaware division of the Pennsylvania canal, which unfortunately passes through soil of so loose and porous a quality as to require a very long time to attain solidity, although the banks are becoming more solid from find the loss on this canal to amount to eight hundred and fifty-six cubic feet per mile, per minute, an amount much greater than has ever come within my observation. We have therefore for the item of filtration fortythree millions one hundred and forty-two thousand cubic feet as the loss in twenty-four hours.

In connection with the foregoing views relative to the navigation of the Delaware, the subject of supplying the Delaware division of the Pennsylvania canal with a sufficient quantity of water to sustain its maxi-age and repairs, which are constantly going on, still we mum trade, has been carefully examined, and a suitable consideration given to its importance.

The scheme of reducing the level of that portion which extends from New Hope to the first lock below has the following reasons opposing such a measure. First, the time necessary to effect such a purpose is too long. Second, the delays to the trade on the ca- While upon this subject I beg leave to remark, that nal would be too serious an inconvenience to the citi-all observations and experiments which have been zens, and loss of revenue to the State; and third, the made upon evaporation and filtration on canals, estacanal would be incomplete, as far as a supply of water blishing principles for obtaining results to aid the enis concerned, as the deficiency which exists between gineer in his practical operations, have not enabled him New Hope and Black's eddy would not be provided to arrive at exactitude; the series of observations made for. under one set of circumstances cannot apply but where similar conditions exist, and that perhaps can never occur. Should the results be adopted which have been obtained from practice, with an allowance for the differences that exist, there never can be any other than an approximation to probability; for in no instance perhaps has practice ever but very remotely confirmed the theoretical principles which bave been established by all authors upon Hydraulics, for ascertaining the supply of water for canals, when evaporation and filtration are items of consideration.

The required dimensions of the Delaware division of the Pennsylvania canal are, water line forty feet, depth five feet, bottom width twenty five feet; with lock chambers eleven feet by ninety-five feet!

From Easton to New Hope, the distance now sup. plied by the Lehigh, is thirty-five miles, the average lift of the locks is 7.4 feet, nearly, and the maximum trade is assumed at one hundred and ninety-two boats in twenty-four hours, each boat requiring three-fourths of a lock full.

The estimate of the quantity of water requisite for lockage is based upon the following data. Theory determines that one lock full of water will carry a boat from the head of the canal to its termination; and that the return boat, if immediately following, will require one lock full at each lock: there being eighteen locks in the distance from Easton to New Hope, one boat would expend eighteen locks full to arrive at the head of the canal; this amount, added to the expenditure of water for the descending trade, is equal to nineteen locks full of water; a mean of which is 9.5 locks full of water for each boat passing the eighteen locks up and down; this mean allowance supposes that

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The river Lehigh at its lowest stage of water at Easton passes into the canal through six valve gates two feet square, each, with a head of three feet six inches, and three culverts four feet square, each, eight feet in length, with a head of two feet six inches; from this data the quantity afforded in twenty-four hours is forty. four million nine hundred and ninety-two thousand five hundred and twelve, or thirty thousand six hundred and fifteen cubic feet per minute; the deficiency therefore is seven hundrred and fifty-four cubic feet per minute, or one million eighty-five thousand seven hundred and sixty cubic feet in twenty-four hours. This amount of deficit is corroborated by the fact of there being but four feet water at New Hope, when the whole of the water of the Lehigh at its lowest stage passes into the canal, which is at the time the business of the canal is greatest. There is a small stream taken in as a feeder ten miles below Easton, but the quantity of water which it affords when a supply is most needed, is so small as not to be worthy of estimating.

It being ascertained both by theory and experience, that the Lehigh is insufficient to supply not only the maximum trade assumed for the canal, but even an approximation to it, the point at which a re-supply is required must be considered.

From Easton to the foot of lock No. 13, the distance is twenty-seven miles, the average lift of locks is 5.58 feet, nearly; the prism therefore contains five thousand seven hundred and seventy cubic feet; the amount due to lockage will be

Or eleven thousand seven hundred and seventy-four cubic feet per minute. The items of lockage and leakage are already partially estimated as supplied from the Lehigh: these, therefore, with the surplusage of six thousand three hundred and eighteen cubic feet, must be deducted, which will leave three thousand nine hundred and eighty-six cubic feet per minute to be taken in at Black's Eddy. And, to make ample allowance for contingencies, provision should be made in the construction of the feeder for one thousand cubic feet more, giving therefore such dimensions as will admit four thousand nine hundred and eighty-six cubic feet per minute being introduced.

A feeder may be constructed near Black's Eddy, which shall have at all times certainly a head of 4,25 feet, (above the guard gate,) measuring from the centre of the valve opening to the water line of the dam. To effect which, a dam must be built from the main shore, ten feet in height, to the foot of Cutbush Island; and the openings between Cutbush and Brag and Brag and Gondola Islands, be damed to the level of the main dam; also that a wing dam be extended from the head of Gondola Island to the head of the falls, two feet in height at the island, and terminating on a level with low water mark at the head of Tumble Falls. Upon this plan we may safely calculate that the water in the dam will never be less than six inches above the water line of the canal at the foot of lock No. 13.

The minimum size of a feeder is ascertained to be

4,358 X 192830,976 cubic ft. in 24 hours. 23.5 feet water line, sixteen feet bottom, five feet

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depth, and one and three-fourth miles in length, with three and a half inches fall per mile, which will deliver into the canal, in twenty-four hours, the quantity of water required through four valve openings, twentyfour inches square each.

34,987,776 or 24,297 cubic feet per minute. In conclusion, I beg leave to remark that no fear Upon a comparison with the amount of water to be need be apprehended of the navigation of the river bederived from the Lehigh with the quantity required for ing impaired by this improvement; for the canal rethe trade upon the canal from the Lehigh at Easton to quires a less quantity of water than now passes between Black's eddy at the foot of lock No. 13, I perceive a the islands just mentioned and the Pennsylvania shore. surplus of six thousand three hundred and eighteen That part of the river being damed by this improvement, feet per minute, which would extend the trade of the the surplus water would pass down the main channel canal a short distance further, but as Tumble falls is the on the east side of the river, by which its condition for only scite in the vicinity where a feeder can be eco- navigable purposes would be improved. That under nomically and permanently constructed, it strongly re-existing circumstances, it is impossible to keep in the commends itself for that purpose; it was therefore canal, either at New-Hope or at Bristol, a greater deemed indispensable to ascertain the quantity of water depth than four feet; and if a break occur within ten that the canal will require from this point to Bristol, miles of Easton, where it has most frequently occurred, and the dimensions of the dam, and the minimum size the water is charged from the canal below the break, of the feeder that will convey the amount of water sup- so as to stop the navigation in six hours. It requires plied at the lowest condition of the waters of the river from four to six days to repair the breach; and, when Delaware. repaired, several days to fill the canal as far as New. The circumstances of that portion of the canal from Hope. The feeder now proposed would obviate these Black's eddy to New Hope are nearly the same as they important difficulties, as it would be taken in at a point are from Black's eddy to Easton; the estimates are con- to which a supply of five feet of water could be obsequently based upon the same data, while on the retained from Easton in twenty-four hours, leaving the maining portion of the line the item of filtration is less, because the soil through which it passes secures the banks and bottom a more speedy solidity.

From the foot of lock No. 13 to Bristol is thirty-three miles, with fifteen locks, the average lift of which is 7.12 feet, nearly, giving for cubic contents of the prism seven thousand five hundred and sixty cubic feet. The demand, therefore, for lockage, estimated as in previous calculations, will be

5670 X 192,

Filtration, 856 cubic feet per mile per
minute to New Hope, a distance of
eight miles,

Filtration on the remaining distance,
(twenty-five miles) at 142 feet per mile
per minute,
Evaporation,
Leakage at locks,

1,088,640

residue of the loss to be made up in the same time by this feeder, which would be competent to such supply.

An estimate of the cost of the proposed feeder at Black's eddy; the map of the river from Easton to tide water; and the maps of head of the Delaware and Raritan canal feeder; the proposed feeder for the Pennsylvania canal; the maps of Well's falls and Scudder's falls, in detail are herewith presented.

In the fulfilment of the duties which you have been pleased to commit to his charge, the undersigned has endeavoured to avail himself of every information within his reach,and of all the data that appertain to an inquiry 9,861,120 of so much importance. The difficulties which appear upon that portion of the Delaware division of the Pennsylvania canal to which your instructions have drawn 5,112,000 the attention of the undersigned, could not have been 100,800 foreseen by those under whose charge it was construct792,000 ed, they being among those errors which are always, and unavoidably associated with the primary efforts of 16,954,560 magnificent enterprises, and which ever have in their

SAM'L H. KNEASS,
Civil Engineer.

Estimated cost of the Feeder at Black's Eddy. For the Delaware Division of the Pennsylvania canal-Dam at Cutbush Island.

400 Feet long, 12 feet high, at 9 dollars per foot,

practical operations, developments of difficulties, the it inexpedient. The Legislature defines the crime and correction of which always wait upon their appearance; prescribes the punishment; the Judiciary administer the therefore, any criticisms are invidious, supererogatory law by trial and judgment, and the executive is bound and unavailing. But as the duties of the undersigned to execute the judgment, and therefore to the Execu have reference only to the means by which these diffi- tive is given by the constitution the power of extending culties can be obviated; he has accordingly directed mercy to the criminal by granting him "a pardon or his inquiries to the consideration of such plans as will reprieve." The extent of the power of each departsecure the point of his instructions. In what he has sug-ment is thus marked out by the constitution, and it is gested, he has had an eye to practicability as well at least questionable, whether a law commuting the as economy; he has been under the constant conviction punishment of a convicted and sentenced offender would of a general tendency to error in all human operations, not be an arrogation of powers which belong properly and has accordingly felt more than ordinary solicitude to the Judiciary and Executive. It would be a reversal in prosecuting his inquiries on this important subject, of the judgment of the court, and a new judicial senand enjoined on himself a caution and circumspection tence by Legislative enactment. It may be further recommensurate with the character of his appointment, marked, that, although we have been exercising the he assures the authorities he has the honor of addres. powers conferred by the constitution for forty-four sing, that although fully aware of high professional re- years, this is the first time that an attempt has been sponsibility devolved upon him, and of the falibility of made to claim the interference of the Legislature in this all human calculations he feels not the more reluctance, way, and it may be fairly inferred that the general or less confidence in submitting the result of his labors. opinion of the people has been that no such power exRespectfully submitted, isted. Undoubtedly, the Legislature cannot by law either increase or diminish the power of the Executive on the subject of granting or refusing pardons, and any law passed could amount to little more than a recommendation of mercy. But, without entering into these questions further, the committee deem it highly inexpedient to make a precedent which will be calculated to cover their tables with applications for the interference of the Legislature in every case where a criminal or his friends may consider his sentence a hard one.So easy is it, after the horror and consequent indignation of the public, at the commission of a great crime, has subsided to excite the sympathies of the humane and tender-hearted, that in a popular assembly the chance of escape from punishment would render the law no longer a terror to evil doers. So strongly was this found to be the case in the State of New York, that the power to pardon and commute punishments, which had been conferred on the Legislature, by the constitution of 1777, was taken from it by the convention of 1821; and this convention, in which were some of the ablest jurists in the Union, refused to give the power of commutation to the Governor. It is the certainty of punishment which furnishes the strongest protection of the community against the commission of crime. The lives and property of the people would be jeoparded by increasing the chance of escape of the wicked and profligate. If our criminal code is too severe, let it be altered; but till then let the law take its course. We all know that the life of no man will be taken away in Pennsylvania, if there is the slightest doubt of his guilt. He has every protection which the strongest feelings of humanity and the strongest prejudice against capital punishment can give him, that his life is safe unless his guilt is made clear and manifest, and when he is convicted, it may be truly said that "mercy to the criminal is cruelty to the state." He still, however, has his resort to the Executive, if there does remain or is afterwards discovered any circumstance which would render his punishment cruel, improper or unnecessary.

500 Perches of masonry at 5 dollars per perch, 1,800 Cubic yards of gravel at 30 cents per yard,

38,128 Cubic yards of excavation at 12 cents per yard,

38,128 Cubic yards of embankment at 18

cents per yard,

18,992 Cubic yards of excavation at 25 cents

per yard,

2,000 Perches slope wall at 1 dollar per

perch,

Aqueduct at Tohicon,

Guard gate complete,

Add 15 per cent. for contingencies and su perintendence,

$3,600 00
2,500 00
540 00
4,575 36
6,863 04
4,748 00

2,000 00
2,000 00
1,500 00

28,326 40

4,249 00

$32,575 40

Whole cost of feeder,

SAM'L H. KNEASS,

Philadelphia, 2d April, 1834.

(To be continued.)

REPORT.

Civil Engineer.

Of the Committee on the Judiciary System. The Committee on the Judiciary System, to whom was referred the petition of sundry citizens of Bucks County, praying for the passage of a law commuting the punishment of Joseph Blundin, lately convicted of murder in the first degree, and now under sentence of death-Report,

The Committee have not entered into an examination of the merits of the case submitted to them, nor would it be possible for them to do so. It has been tried by the proper tribunals. The Grand Jury, Petit Jury, and the court, have passed upon the crime of the offender after a full and careful investigation. He has been convicted by the Jury, a new trial refused by the court, and sentence of death pronounced upon him. There is no remedy for him except in the hands of the Executive. If even the right exists in the Legislature to interfere, the Committee are of opinion that such interference would be highly inexpedient, and lead to consequences deeply injurious to the best interests of society.

That they have given the subject all that grave consideration, which the short time allowed to them would permit; and have come to the conclusion that the Legislature has or has not the constitutional power to pass such a law as that prayed for, it may not be im proper to suggest the reasons which the committee think render the power at least doubtful, and the exercise ofject."

Therefore, Resolved, That the Committee be discharged from the further consideration of the sub

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