1829.] RECORDS OF PENNSYLVANIA. gulated by the fire without much trouble or much expense. The governor must moreover pay attention to it, and make the trial, and if it is possible, set to work and execute it. XVII. And as almost every where in New-Sweden they find vines and grapes wild, and as the climate appears suitable to the culture of the vine, the Governor must pay attention to it. and he will be able in a little time to practice this culture and all that depends upon it. XVIII. He must also cause all places to be examined in order to know if there are to be found there any metals or minerals, and if he perceives that there are any to send here a particular account of them and to wait from hence for ulterior orders. XIX. As to the superfluous wood, the Governor must reflect and examine how and in what manner we may derive profit from it to the advantage of the country; and especially what use we may expect from the oak and nut trees; as it may be possible to send a good quantity as ballast; we must also try if the nuts by pressure may not furnish oil. XX. XXV. 221 He will have power to bring to obedience and order, by necessary and convenient means the mutinous and refractory persons who will not live in peace; and he may punish great offenders, if he finds any, not only by imprisonment other proportionate punishments but even with death according to the crime and if he can seize the criminal;but not otherwise than according to the ordinances and legal forms and after having sufficiently considered and examined the affair with the most noted persons such as the most prudent assessors of justice that he can find and consult in the country. XXVI. Before all the Governor must labor and watch that be renders in all things to ALMIGHTY GOD, the true worship which is his due, the Glory, the praise and the homage which belong to him, and take good measures that the divine service is performed according to the true confession of Augsburg, the council of Upsal and the ceremonies of the Swedish church, having care that all men and especially the youth be well instructed in all the parts of Christianity, and that a good ecclesiastical dicipline be observed and maintained. With respect to the Dutch colony which resides and is established in the country of her majesty and of the crown, the Governor must not disturb what has been ordained in the a foresaid grant of her majesty with regard to the exercise of the reformed religion. XXVII. The Governor must give attention, how and in what place fisheries may be established in order to derive advantage from them and upon the above,gain every information, especially as according to report they may, with profit, at certain times in the year establish the As to what cannot be here written the Governor must whale fisheries in Godyn's Bay and its neighborhood-comport himself as becomes a faithful patriot and obhe must have his eye upon this object and send here an exact account of what he shall obtain in respect to it as well as with respect to other things of the country and announce what hope we may have in future. XXL serve with the greatest care, the best intelligence and The Governor must also carefully inform himself if there is in the country sufficient nourishment and convenience for their raising a large quantity of silk worms Finally her majesty grants that the term of the Governor and of pursuing the culture of silk and if he observes be for three years, and that after this term shall be exand finds, that any advantage may be derived from it-pired it shall be permitted to the said John Printz to rehe must consider how he may make a good establishXXII. ment. turn here, after the necessary arrangements shall have been made for giving to him a successor or viceroy in his place; if the said John Printz after that desires to be As to what relates to a good cultivation of the coun- continued in the same charge, he may be again appoint try and which we cannot so exactly detail here, her ma-ed Governor according as the advantage and service of jesty desires to refer it to the fidelity, prudence and zeal her majesty, of the crown and of those interested reof the Governor recommending to him seriously and quire. Given at Stockholm day and aboye written. principally to seek in all the service of her majesty and PETER BRAHE, of the crown of Sweden and to maintain her sovreignty, as also the advantage and profit of those interested in the preservation of New Sweden, every species of culture possible a good traffic in the productions of the country. XXIII. But above all that, what ever regards the police, government and justice must be done in the name of her majesty and of the crown of Sweden, since the country enjoys the protection of her majesty and of the crown and as the crown has the greatest interest in the preservation and cultivation of the said country and in the commeice which results from it-It is not possible to give here, at so great a distance, perfect and detailed instructions on government but we must leave to the discretion and intelligence of the Governor to make after the knowledge he may have of the country, such arrangement and regulations as he may judge the times and the necessities of the country require. At first and until affairs shall be better established the Governor may make use of his own seal, but with great form, in all the contracts, correspondence and other acts which he shall dispatch. XXIV. He will deside all controversies according to the laws the laws, customs and usages of Sweden and in all other things he will adopt and follow all the laudable manners, customs and usages of the kingdom of Sweden. HERMAN W RANGEL, ANDW. GYLDENKLAU. RECORDS OF PENNSYLVANIA. Abstract of the state records at Harrisburg, made by Thomas Sergeant, Esq. when Secretary of the Commonwealth, and by him presented to the Historical Com mittee of the American Philosophical Society, Nov. 3, 1819.-1748 to 1758. Continued from page 205. January 17, 1749-50. The Governor informed the council that 3 several letters of an extraordinary nature in French, signed "Celeron " were delivered to him by the Indian Traders who came from Allegheny informing him that this captain Celeron was a French officer and had the command of 300 French and some Indians sent this summer to Ohio and the Wabash from Canada to reprove the Indians there for their friendship to the English and for suffering the English to trade with them. The Governor sent one of the letters to the proprietaries, in London and another to the Governor of New York that the same night be laid before the ministry.-Translation "From our Camp on Belle River at an ancient village of the Chouanons 6th August 1749. sions. Sir, Having been sent with a detachment into these quarters by Monsr the Marquis de la Galissiniere, commandant general of new France, to reconcile among themselves certain savage nations, who are ever at variance on account of the war just terminated, I have been much surprised to find some traders of your government in a country to which England never had any pretenIt even appears that the same opinion is entertained in New England, since in many of the villages I have passed through, the English who were trading there have mostly taken flight. Those whom I have first fallen in with and by whom I write to you I have treated with all the mildness possible, although I would have been justified in treating them as interlopers and men without design, their enterprize being contrary to the preliminaries of peace signed five months ago. I hope Sir, you will carefully prohibit for the future this trade which is contrary to treaties; and give notice to your traders that they will expose themselves to great risks in returning to these countries and that they must impute only to themselves the misfortunes they may meet with. I know that our commandant General would be very sorry to have recourse to violence, but he has orders not to permit foreign traders in his Government. I have the honor to be with great respect, Sir, your humble and obedient servant, CELERON." May 25, 1750. Letter which the Governor received from the Governor of New York, inclosing one from Col. Johnson to that government-setting forth the apprehensions the Indians of the Six Nations were under, as well on their own account as of their friends and allies settled at Ohio, from the threats of the French in Canada, who say they are actually preparing to attack them this summer with a great force of Frenchmen and Indians in their dependance, desiring to know what assistance they may rely upon from the Governor of New York in case it should so happen. Tuesday, July 31. Report of Richard Peters as to turning off persons settled in the unpurchased parts of Pennsylvania. Aug. 8. same of the rest of the English Colonies"-with his journal. October 11, 1750. Gov. Clinton to Governor M. Fort George, Oct. 8-"Though the English Colonies be beyond comparison superior to the French in N. America both in number and money, yet as the assemblies of the several colonies do not act in concert, but pursue different interests, the French may succeed in their designs to our prejudice, by their being directed by one This I think council and pursuing steadily one voice. deserves the serious attention of the governors of the colonies on the main, and I shall gladly join with you and them in any method which may prove effectual for uniting the colonies in pursuing their general interestbut I doubt whether this can be effected without an immediate application to his majesty for that purpose." Letter from Col. Wm. Johnson to Gov. Clinton (inclosed in the above,) Sept. 25, New York-"The bearers hereof are two Englishmen belonging to the Pennsylva nia government, and as they were trading among the Indians of Ohio river last summer as usual were taken prisoners by Indians sent by the commanding officer of Detroit and detained by him ever since the beginning of last June. It plainly appears the said Governor sent the Indians to take or destroy what Englishmen they could meet, as the Indians told these young men so and shewed the ammunition, tobacco, &c. which the said gover nor gave them for their journey, and when they brought the said prisoners he was very thankful and rewarded them well. They made their escape. They say the French are making preparations against the spring to destroy some nations of Indians, steadfast in our interests. Jean Cour is now gone among the Ohio Indians to spirit them up against the English. Their deposi tions are to the same purpose." (To be continued) PITTSBURGH. Pittsburgh, which was in 1786 a frontier village, upon the outermost limits of civilized population, containing at the most, but one hundred houses, is now a thriving and prosperous city, containing more than two thousand houses,and an active, industrious and enterprising popu lation of more than seventeen thousand souls, surrounded by half a dozen growing villages or suburbs, with an aggregate number of seven or eight thousand persons. Governor's message to Assembly-"The accounts from Ohio mention that the French still continue their threats against the Indians, who carry on commerce with our traders, that they are frequently a- In the summer of 1785, our late much respected fel Jarmed as if the French were approaching in a military low citizen, John Scull, commenced the publication of manner, and therefore keep themselves upon their the Pittsburgh Gazette, and. in all that vast scope of guard. But as nothing hostile has been hitherto attemp-country which extends from the Allegheny mountains to ted, I am in hopes this may blow over, and the French from the caution and unanimity of the Indians in our alliance be obliged to alter their measures." Aug. 16. Proclamation by Governor, for all persons, proprietors or occupants of any mill or engine for slitting and rolling of iron, and every plating forge to work with a tilt hammer, and every furnace for making stills erected in the Colony agreeably to an act of Parliament, 23d George II. to prevent their erection. Sept. 25. Message of Governor to assembly asking supplies "to enable him without delay to secure the fidelity of the Indian nations in alliance with the said colonies and to remove the jealousies artfully infused into their minds by the French of Canada. Oct. 3. Letter from C. Weisser, states that he had lately returned from his journey from Onondago to that place-"our friend Canassatego was dead, and Solomoanaghly our other good friend died some time before. He that is at the head of affairs now is a professed Roman Catholic, and altogether devoted to the French. The French priests have made 100 converts of the Onondagoes, that is to say, men, women and children, and they are all clothed and walk in the finest clothes, dressed with silver and gold, and believes that the English interest among the six nations can be of no consideration any more. The Indians speak with contempt of the New Yorkers and Albany people, and much the the Mississippi, he had no competitor. Now, more than three hundred newspapers are published in the same space of country, each of them enjoying a patronage, at least equal to that afforded to this paper forty years ago. Persons who have now scarce passed the prime of life, can well recollect the time, when all the bar iron brought to Pittsburg was transported, at a heavy expense, on horseback. Now Pittsburgh is called the Birmingham of America, and we have a Canal and Turnpike Roads by which thousands of tons of metal are annually brought to our foundries and rolling mills, to be converted into steam engines, bar-iron, boiler-iron, anchors for the Northern Lakes, and sugar mills and sugar kettles for Louisiana. Many persons can recollect the bustle produced in our town, thirty or forty years ago, by the arrival of a pirogue, bringing some four or five tons of lead and furs, and on their departure taking away a few barrels of whiskey, flour or merchandize. Now, some two or three hundred large and splendid steam-boats annually arrive, bringing with them thou sands of tons of the tobacco, the hemp, the pork, the beef, the flour, the whiskey, &c. of Kentucky, Ohio,and Indiana, the lead and furs of Missouri, Illinois, and Ar kansas; and the cotton and sugar of Tennessee, Alabama, and Louisiana, and in return take vast quantities of the castings, the bar iron, the boiler iron, the nails, the farming utensils, the glass, the cotton goods, and various other articles manufactured in our city. Fifty years ago, we could scarcely manufacture the axes necessary to cut down the lofty oaks which encumbered our hills and vallies; now, we manufacture steam engines of gigantic power, and accurate finish, to be applied to various uses on the North river, the Northern Lakes,the valley of the Mississippi, the sugar plantations of Louisiana, and in the mines of Mexico. Forty years ago, our window-glass, our tumblers and decanters, were imported from Europe; now, our window-glass gives light to the citizens of Boston and of the state of Maine, and our splendid Flint Glass decorates the table of the President of these twenty-four States. But our progress in improvement has been confined to the manufacturing and mechanic arts, literature and science, which must always follow at a respectful distance in the rear of advancing civilization, are also making among us a slow, but sure progress. A boarding-school now occupies the field of Braddock's defeat, and innocent and artless females fearlessly stray over that ground, where Americans and Britons, Frenchmen and Indians, formerly mingled in mortal strife. Long after that event, within the recollection of many still living, a rude "block house," protected the settlers, on the very spot where in a neat academy, their decendants are now instructed in the classics. To indulge the imagination still further; had the British officer, whose remains with his evidences of rank, were lately disinterred by a farmer's plough, at that moment awoke from his long sleep, his eyes would have first fallen with amazement upon the battlements of the neighboring Arsenal, and on the starry and striped banner of an unknown nation, that floated over him.Had he retraced his once hloody trail to the fatal height, where the unfortunate Grant had invited a disastrous battle, he would observe a noble reservoir filled with the pure water of the Allegheny, and the foundation of a great Cathedral-the hill itself divided and the whole plan cut off and insulated by a canal-towards Fort DuQuesne, the smoke of a thousand chimneys, where he had left the smoke of many rifles.-Beneath the round termination of the ridge to the South, the Caledonian might perceive a groupe of his hardy countrymen, not grappling with the French and Indians, but in the peaceful operation of rearing the Ionic columns of a magnificent University, over which an erudite Scotsman-a Bruce, now presides.-Pittsburgh Gazette. SILK SOCIETY. The Society for promoting the culture of the White Mulberry Tree and the rearing of Silk Worms, having engaged a person perfectly acquainted with the Art of reeling the Silk from the cocoons, and that of making sewing Silk, are ready to purchase cocoons, for which the highest possible prices will be given, according to quality. Those who are desirous of learning these Arts, will be taught them for a moderate compensation. This measure is necessary, inasmuch as the Members constituting the Society are few in number, and its funds small. Persons willing to join it, are invited to leave their names with Mr. ISAAC MACAULEY, No. 24 South Thirdstreet, The Society was instituted with the view of keeping alive the spirit for the culture of Silk, which may become one of the grand Staples of the United States, and of introducing a new branch of industry among the Farmers, whose families can attend to it, as in Connecticut, without interfering with their usual occupations. The Society deem it necessary to state, that without an increase of members, they will not be able to purchase cocoons next year. Application for the Sale of Cocoons, and for learning the above Arts should be speedy, as the Reeler is engaged but for two months. Mr. BERNARD DORNAN, is authorised to collect Subscribers. On behalf, and by order of the Acting Committee. SILK. the advertisement of the society for promoting the culWe beg leave to call the attention of our readers to ture of silk. It is to be hoped that our country friends will avail themselves of the opportunity now afforded, to acquire the knowledge of the arts of reeling silk from cocoons, and of making sewing silk; and that our patriotic citizens will aid by their funds, so useful a society. The price of tuition is, we understand, $10,—a trifle compared with the importance of the knowledge they will become possessed of. When attained, they may not only supply their families with the sewing silk required for their own use, but may readily and profitably disdone in some parts of Connecticut, where it is well pose of the surplus to any store in their vicinity, as is known that silk is taken in barter for goods, as eagerly circulating medium in the county of Windham, and adas if money were offered for them. In fact, silk is the jacent counties. The farmers there consider the silk they produce as a clear gain, because the business of feeding the worms is chiefly done by aged persons, and females when not employed in their usual indispensable by children, and the silk is prepared for market by the domestic occupations. The rearing of cocoons for sale may also become an object worthy attention if a convenient apparatus be employed to feed the worms: the want of this induces a much higher price to be set upon cocoons than their real value will warrant, for the trouble of attending the worms in the usual way, upon tables, is very great. The society intend shortly to exhibit a frame, containing a series of shelves, which will enable any one to attend many thousands of silk-worms, with very little trouble. On inquiry, we learn that the price given for cocoons of the first quality is 50 cents per pound; a price which could not be sustained by the quantity of silk they will yield. Directors of county poor-houses should employ their paupers in rearing worms: if they have not mulberry trees on the poorhouse farm, they should be set out. Messrs. Terhoeven, 4 miles from Philadelphia, on the Point-no-Point road, have a very large stock of young trees for sale at low rates. The Southern states would also find it profitable to attend to the culture of silk, as they could in this way employ numerous hands, who are at present a heavy weight upon their owners. Nay, it might certainly supplant tobacco, and much of the upland cotton, neither of which articles now pay well; whereas silk would meet with a ready sale at home, either in the form of raw silk, for exportation; or sewing silk, for domestic use. Poulson's Amer. D. Adver. MODEL INFANT SCHOOL. At a meeting of citizens held on Thursday afternoon, at the school room, No. 229 Arch st. ROBERT RALSTON, Esq. was called to the chair, and Joseph R. Chandler appointed Secretary. The Rev. Mr. Carll stated the object of the meeting to the formation of a society for the purpose of estab lishing in this city a "Model Infant School," to pre. pare teachers for the many schools of that kind already in existence, and which, when suitable instructors shall be supplied, will undoubtedly rise up in every town and district in the union. After a statement of the very great benefits which had attended the labors of individ uals and the public, in the good cause, at various places in the eastern states, and especially in Boston, it was Resolved, to form'a society for the promotion of Infant Schools generally, and especially for the establishment of a Model School, in which teachers may be qualified to instruct in the system of infant education, and in the use of the apparatus so successfully employed in the many Infant schools in Massachusetts. The Rev. Mr. Carll presented the following resolutions, which were unanimously adopted: Resolved, that it is expedient a Model Infant School should be established. Resolved, that the object of this Model School be two fold. 1. To perfect the system. 2. To afford facilities of gaining a knowledge of the mode of instruction. Resolved, that persons either males or females (the number to be hereafter specified) be permitted to at tend the School, with a view of acquiring the necessary qualifications for conducting similar institutions. Resolved, that in order to secure the united efforts of the friends of Infant Schools, throughout our country, in support of a plan so truly useful, every town, village, society or individual, subscribing dollars to have the privilege of sending one or more persons to the Model School- months. Resolved, That the plan now proposed, has a reference in order that the benefits of these Schools may not be limited, economy is of vital importance; the instructors should therefore be taught to draw largely from the book of nature and from the common objects around, which are ever at hand. Resolved, That a committee be appointed to draft a circular recommending the establishment of these Schools in every town and district throughout our state and country; and also an invitation to co-operate in the establishment of a Model School, which committee when appointed shall receive any communication relative to the interests of the Society. The committee consists of Rev. M. M. Carll, J. R. Chandler, and Rev. R. M. Cushman. Resolved, That a committee of four be appointed to draft a constitution for the Society, and take such measures to enlist the services and procure the contributions of individuals in its behalf, as they may think conducive to the benefits proposed in its formation, with powers to call a meeting when in their opinion the interests of the Society shall require. The Rev. Mr. Carll, J. R. Chandler, Rev. R. M. Cushman, and Mr. J. A. Stewart, were appointed on the committee. ROBERT RALSTON, Chairman. In haste, yours, Col. JACOB HOLGATE. JAMES CLARK. Lewistown (Penn.) September 24. The Canal.-On Tuesday morning last the water was let into the first level of the Juniata Canal at this town. It passed from the feeder to the lock at the Gate-House in the Narrows, during the evening and night, the level is now full-and parties of ladies and gentlemen yesterday made excursions to and from the lock, on the canal. The news of the letting in of the water was received with great demonstrations of joy. In the evening the town was generally illuminated-and every body who was not a member of the Temperance Society (and some few of them too) drank success to the canal. So far as the water has been let in, the canal appears to holdbut one leak has yet been discovered, and that so inconsiderable that it was repaired in a short time. The prospect is now flattering that we will have a canal naviga tion this fall. We congratulate our fellow citizens on the auspicious commencement of the Juniata Canal. To see the canal in full operation, and the wealth and produce of the west flowing through it, is no longer a chimera. The experiment of yesterday, fully demonstrates, that the canal so far as made, will hold water, and that the feeder from the river and the creek, will be sufficient to fill the different levels snd pass any number of boats that will be on the canal.--Juniata Gazette. Pottsville, September 26. Last week, our city (in miniature) was enlivened by the cries through our streets of "Sea Bass," "Fine Fresh Sea Bass," which had such an effect upon the visages of our mountaineers, that it would have been a fit subject for the pencil of a Hogarth to imitate. Had any person been so presumptuous as to have asserted 7 years ago that so delicious a food as Fresh Sea Bass would adorn the tables among the hills of Schuylkill county, he would have been set down as a madman,and sent to a lunatic asylum. Coal. Another coal vein twenty-two feet thick, has been discovered on a tract of land, owned by Horning & Audenried, situated at the head of the Schuylkill Valley Rail Road. Schuylkill Valley Rail Roid.-This work is progressing rapidly-six miles will be completed in the course of next week. Mount Carbon Rail Road.-Inquiries have been frequently made as to the time when this work will be commenced. We can only state that the President of the Company, and Mr. Robinson, engineer,made a hasty examination of the route shortly after the organization of the company. What they concluded on, we are unable to state-but, we know, that if the work is not commenced in a short time, we are afraid very little will be done towards its completion this season. Mill Creek Rail Road.-The proprietors of this road are now busily engaged in having it covered with iron, which will be completed in the course of a week or ten days, when it will be in complete train for the hauling of coal in abundance to the landings at Port Carbon. A lateral rail road, one mile and a quarter in length, has been lain by several individuals, which intersects the Mill Creek Rail Road about one mile above Port Carbon, and extends to that portion of coal land denominated the "Ravensdale Tract," which brings into use a large district of coal country. The iron used in covering the Mill Creek Rail Road was imported from England,and delivered at this place, at a much cheaper rate than it could have been manufactured for in this part of the country. Experiments have also been made on these different rail roads, which fully authorise us in asserting that one horse can draw a train of six cars, each containing one ton of coal, with perfect ease. Little Schuylkill Rail Road.-It is with great pleasure that we notice the different avenues opening for the coal of our region to find its way to market; and among the number, this rail road may be considered as a valuable improvement—it will bring into use a large district of coal country, which, heretofore, has been of very little value to the holders thereof-and it will also contribute in supplying the market with this species of fuel, the consumption of which is yearly increasing in a much greater ratio than the means requisite for conveying a necessary supply to market.—Miner's Journal. DIED-On Monday, 28th inst. Mr. Francis Wrigley, Printer, in the 86th year of his age. Mr. Wrigley was one of the oldest printers in the United States, and printed for the old Congress while sitting in Philadelphia, and accompanied them from this city to Annapolis, where he printed the "Old Continental Money," which was at that time in circulation. THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. IV.-NO. 15. EDITED BY SAMUEL HAZARD. This was an ejectment to recover a messuage, lot, piece or parcel of land, lying between Water street and the Monongahela river, in the city of Pittsburg. The title of the lessor was regularly deduced from Alexander Wilson, to whom the late proprietaries (the acknowledged owners of the manor of Pittsburg, of which the city of Pittsburg and the ground in question, made a part), on the 26th of September, 1814, conveyed all the ground in the above city, lying between Water street and the Monongahela river. It appeared in evidence that, on the 22d April, 1784, Mr. Francis, the agent and attorney in fact of the Penns, employed George Woods, a deputy surveyor, to lay off the town of Pittsburg. This duty he performed on the 31st of May, 1784, and returned to Mr. Francis a plan of the town, which he approved of and confirmed on the 30th September, in the same year. On the diagram representing the survey or plan of this town, was written by Mr. Woods, the words "Water street" on a space extending along the south front of the row of lots facing the Monongahela from Grant street to the junction of that river with the Allegheny river. This space was of different widths, from about 219 feet at Grant street to about 108 feet at West street, its breadth further west not being shewn; and it extended from the row of lots before mentioned, to the Monongahela river, embracing a space of table land from 70 to 80 feet wide in the broadest part, to a few feet in the narrowest, and also embracing a steep bank of the river, and the river beach, which in time of freshes was nearly or quite covered with water. NO. 93. Amongst other evidence offered by the defendant's counsel, was the deposition of Samuel Ewalt, for the purpose of proving various declarations of George Woods, at the time he was engaged in laying off the town of Pittsburg in relation to Water street. This was objected to, as hear-say evidence of parole declarations to explain, or to contradict a written instrument, by an agent acting under a limited authority to lay off the town, and nothing else. Cases cited-1 Sergeant & Rawle, 526; 4 do. 298; 4 Yeates, 100; 1 do. 284; -2 Smith's laws, 256, note; 3 Binney, 175; 3 Munford, Mayo vs. Murchy. On the other side were cited: 1 Peters, C. C. R. 205; 5 Wheaton, 336; 8 Johnson, 508; 16 Sergeant & Rawle, 396. Woods so WASHINGTON, (J.) The evidence offered is altogether inadmissible. The authority of Woods was con. fined to the laying off this town, which of course included the acts of surveying and plotting the lots & streets, so as to exhibit a plan of the town. His work when completed, was binding upon no person until it received the confirmation of the owner of the ground, either expressly or to be presumed from his subsequent acts. understood his authority, for he returned the survey soon after it was made, to Mr. Francis, who by his letter to Woods in Sept.1784, approved&confirmed the same. He might have rejected it altogether, had he chosen to do so, and directed another survey to be made upon a different plan. But having confirmed it, it afterwards became a muniment of title to which the purchasers of lots, and all persons connected with this town, including the grantors, had a right to look, as evidence of title and by which they were bound. To permit now the parole declarations of Woods to alter, or in any way to affect this delineation of the town, and this muniment of so many titles of which it is the evidence, would be to violate one of the best established rules of evidence, and The town, now city, of Pittsburg, was incorporated to let in the most extensive mischief. It is one thing to as a borough by an act of Assembly, passed in the year prove acts tending to explain and to point out the true 1804, with the usual powers and privileges, and by vari-boundaries of a survey, and quite another, to give evious ordinances of the corporation, commencing in the dence of the parole declarations of the officer who made year 1816, that body exercised acts of ownership over it, which might be misunderstood, and of which purchathis slip of land bounding on the river,by authorising the sers as well as vendois looking at the plan, and relying Woods was the agent of erection of wharfs, exacting tolls, from all persons land-upon it, could have no notice. the Penns: but he had no authority to bind them, even ing goods on the beach, &c. by his acts until they were confirmed; how then could he bind them by his declarations, which forming no part of his report, accompanying the plan, could not be, and therefore were not, approved and confirmed? The plaintiff gave in evidence a written agreement between the agent of the Penns and Craig & Bayard, by which the former agreed to sell and convey a certain parcel of the ground, afterwards embraced in Wood's plan of the town, lying in a point formed by the junction of the rivers Allegheny and Monongahela, bounded on two sides by the said rivers, and on the third by the fosse of Fort Pitt. On the 31st December, 1784, a deed was executed by this agent to the said Craig & Bayard, for 32 lots, as marked and numbered in Wood's plan, bounded southerly by the Monongahela river; and on the 2d October, 1784, another deed was made to John Ormsby for two lots bounded by Front street on the north, and on the south by the Monongahela. A number of deeds from the Penns to different persons were given in evidence, bearing different dates, subsequent to the year 1784, for lots fronting the rivers Monongahela and Allegheny, the former bounding southerly on Water street, and the latter, on the river, no street having been marked between the lots fronting on that river and the river. VOL. IV. 29 The great question in the cause, was, whether Water street extended from the range of lots fronting on that street along the entire range of them from Grant street to the river Monongahela, or whether the width of the street was unascertained and was left to be afterwards Both sides referred to laid out of a convenient width? the case of Mayo vs. Murchy; 3 Munford, 358; and the defendant's counsel relied much upon M'Donald's case, 16 Sergeant & Rawle, 396; they also cited 1 Sand. 323, no. 6, to shew that the corporation, or the inhabitants of the town, were entitled to this slip of land as an easement. They also cited 1 Conn. Rep. 103; 3 Massa. Rep. 284, 6 do. 332; 15 Johns. 447; 2 Stark Evid. 655-6, 3 do. 1216-19; 7 Wheat. 109. CHARGE. WASHINGTON, (J.) Whether the surveys of the plaintiff's or of the defendants in this contro |