THE

REGISTER OF PENNSYLVANIA.

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

VOL. IV.-NO. 16.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, OCTOBER 17, 1829. NO. 94.

BIOGRAPHICAL MEMOIR OF

THE HON. EDWARD SHIPPEN, ESQ. Former Chief Justice of the Commonwealth of Pennsylv'a.

[From the Port Folio.]

qualities, thus early acquired, he could not fail of being regarded as a youth of ample promise. Nor was it his fortune, either now, or at any future period of his life, history, that the scholar, the gentleman, and the man to fall short of the most flattering anticipations of his of business, refinement, and taste, were most happily blended in the constitution of his character.

kind at large the history of infancy is rarely either instructive or interesting, because the character of the man is seldom developed in that of the child. About the usual age we find him at the grammar-school, alWhen, in obedience to an irreversible decree of na-his studies, his respectful deference and submission-to way's conspicuous among his fellows for his attention to ture, a character of worth and eminence descends to his preceptors, the engaging politeness and affability of the grave, the duties which devolve on his surviving his manners, and the propriety and decorum of his geassociates are numerous and important. Of these du-neral deportment. With these invaluable attributes and ties, that is not the least sacred and pressing, which calls for a suitable tribute to the memory of the deceased, with a view to the perpetuation of his virtues and attainments, as honourable to himself and exemplary to others. For, to award the meed of a fair and wellearned posthumous fame, while it is nothing but an act of justice to the dead, operates on the living as one of the strongest incentives to virtue and excellence. It urges on to achievements of usefulness and of honour, His elementary attainments being finished with reputa from a conviction in the mind of the actor, that such tion to himself and satisfaction to his friends, he com achievements will be publicly passed to his credit, when menced the study of the law, under the direction of he shall be slumbering in the silence of the tomb. Im- Tench Francis, Esq. then attorney general of the propressed by sentiments and actuated by considerations vince of Pennsylvania. Having spent about two years such as these, the writer of the present article has at- in this situation, where the excellence of his opportunitempted to sketch a biographical memoir of the Ho-ties of improvement was equalled only by the assiduity nourable Edward Shippen, Esq. late Chief Justice of of his own attention, he, in the year 1748, repaired to the Commonwealth of Pennsylvania. For, though not London, with a view to the completion of his legal ed among the intimate friends and associates of the vener-ucation in the Temple. Being a real American by atable deceased, he has long been an admirer of his con- tachment, no less than by birth, he felt now that the duct and character. reputation of his native country was, to a certain extent, The subject of this memoir, like most of the distin-identified with his own, This consideration, awakenguished personages of our country, was of British an- ing in his bosom the sentiments of a dignified and laudcestry. He was born in the city of Philadelphia, on the able pride, operated on him as an additional incentive sixteenth of February, 1729, the country being then in to the acquisition of whatever was honorable, useful, or an infantile and colonial state. refined. He, accordingly, availed himself of every opHis grandfather, William Shippen, had been a gen-portunity for the cultivation of his mind, his manners, tleman of fortune and family in the county of York and his taste. Nor did his efforts, as to those various About the year 1675, his father, Edward Shippen, attainments, prove abortive. For, in a short time, he whose name he bore, emigrated to America, and settled ranked with the most accomplished of his fellow stufirst in Boston, in the (then) province of Massachusetts. dents and associates, as well in matters of exterior cleNor was it till about the year 1700 that he removed gance, as in those of greater solidity and weight. thence, led by the brightening prosperity and growing Having passed in London two years of industry and importance of Pennsylvania, to become an inhabitant of enterprise, in pursuit of the knowledge of letters and of the city of Philadelphia. Of the general character of law, he was admitted a barrister of the middle temple. that gentleman, and of the sphere of respectability in On his return to Ihiladelphia, which took place shortly which he was destined to move, we may form no inaccu-afterwards, he entered on the practice of his profession rate estimate, from the various places of honour, trust, and emolument, which it was shortly afterwards his for tune to fill. Among these places may be mentioned in particular, bis successive appointments as a member of the proprietary and governor's council, a commissioner of the board of property, a judge of the provincial or general court, and the first mayor of the city of Philadelphia, in all of which he acquitted himself with fidelity and reputation.

with the same application and zeal, that had manifested themselves in all his other pursuits. Here, as on former occasions, he was embosomed in circumstances peculiarly auspicious. The superior standing of his family and connexions gave him weight in society, and the well known excellence of his elementary and legal education, together with the elegance of his address and the popularity of his manners, conferred on him an equal degree of personal distinction.

A descent from a parentage so highly respectable, With these advantages operating in favour of his perhad, no doubt, a material and very auspicious influence severing industry and attention, his professional prog on the generous and aspiring mind of a favourite son.- ress could be neither slow nor doubtful. His prospects For to such a mind nothing can be an object of more of speedy elevation were, perhaps, superior to any othdarling ambition, than to maintain unsullied and undi-er young gentleman of his standing at the bar. minished, and even to swell by fresh acquisitions, the fair inheritance of ancestral fame.

We ac

cordingly find, that, in a short time, business and reputation seemed to vie with each other in their struggle to approach him. We mean that adamantine reputation which results from a correct and extensive knowledge, united to integrity of principle and solidity of judgment, not that brilliancy of fame, which nothing but the high.

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PENNSYLVANIA CANAL.

est order of genius, breaking forth in an overwhelming eloquence, can bestow. For, though a perspicuous, pleasing, and even impressive speaker, he had no pretension to the character of a finished orator.

attributes of his character shone with the brightest and most amiable lustre. Possessed of Spartan uprightness and integrity, no species of hishonor ever dared to approach him. Throughout the whole course of a life protracted far beyond the usual span, his personal reputation was unsullied with a stain. Yet were these sterner qualities, the natural safe guards of honor and virtue, blinded in exquisite and delightful harmony, with all the benevolent and social affections.

Mr. Shippen had been but a very short time engaged in the practice of law, when he received the most flattering testimony of the confidence reposed in his talents and integrity by the British cabinet. He had not yet completed his twenty-fourth year, when he was apAs a friend and companion, Mr. Shippen had but pointed Prothonotary of the Supreme Court of Pennsyl vania, and Judge of the Court of Vice Admiralty for few equals. His heart was open, manly and sincere, aBesides several other places of like free from the meanness of dissimulation and the the same province. canker of distrust. A cheerfulness of disposition, which to have tempered in one of her honor, trust and emolûment, which were conferred on him, he was appointed a member of the proprietary and nature seemed governor's council, a body of men not fortuituously happiest moments, a mind enriched with the beauties of drawn together from the mass of population, but select-polite literature and a spritely playfulness of fancy and ed with care from among the most respectable charac- of wit, gave to his conversation peculiar charms. His ters of the province. These several offices, some of presence was capable of taking from the social circle which he held during the term of nearly thirty years, he and the festive board their wonted sensibility to the movement of time. filled with ability and reputation at the commencement of the revolutionary war.

On the first occurrence of that gigantic struggle, which shook to its basis the whole fabric of civil society, all offices in the American colonies, issuing from the crown of Great Britian, were temporarily suspended, and, on the declaration of independence, they were immediately abolished. This measure, bold in itself, and worthy of a people daring to be free, swept from Mr. Shippen a very liberal income. For, with the abolition of the offices which he had hitherto held, the emoluments appertaining to them neccessarily ceased. But his mind was of too firm a texture to be shattered by misfortune, and his spirit too buoyant to ebb into despair. Instead of taking an active part in the contest for freedom, he gave a preference to the walks of private life. Accordingly, while others were engaged in the deliberations of the senate, the arrangement of the cabinet, or the turmoils and dangers of the embattled field, he found content and pleasure in the bosom of) retirement, and sufficient employment in the practice of his profession.

Soon after the close of the war of independence, when the wheels of civil society began to move afresh,_he was appointed to preside in the Court of Quarter Sessions in the city and county of Philadelphia. He was also, about the same time, appointed president of the Court of Common Pleas for Philadelphia county. So faithful and with such ability did he discharge the du ties attached to these several stations, that in the year 1791 he received the appointment of Judge,and, in 1799, that of Chief Justice of the Supreme Court of the Commonwealth of Pennsylvania. But his descent into the vale of years was already deep, for he had now numberPlaced in circumed upwards of three score and ten.

stances abundantly affluent, and feeling that the otium vesperis vitæ was imperiously called for by his weary and declining faculties, he resigned the office of Chief Justice about the close of the year 1805, a few months previously to his death.

But other occurrences in the character of Mr. Shippen of a tender and more endearing character, are yet to be mentioned. Nor, though altogether of a domestic nature, is an apology deemed necessary to the mind of sensibility, for introducing them into the present memoir. Early in life it was his good fortune to contract an affection for, and afterwards to marry, a daughter of Tench Francis, Esq. his preceptor in law, one of the most amiable and accomplished young ladies of the province. By this marriage he became at once the father and the idol of one of the worthiest and most promising of families-a family possessing every thing calculated to conciliate his affections, rivet his esteem, and even to awaken his paternal pride. But as several members of that family are still living, an ornament to society in this and a neighbouring city, a dread of doing violence to the delicacy of cultivated minds, restrains us from paying the tribute that is due.

In the bosom of that family, on the 16th of April 1806, sunk suddenly but gently into the embrace of death, their venerable father, at the patriarchal age of seventyseven years and two months.

C.

CANAL COMMISSIONERS' SECOND REPORT.

Office of the Canal Commissioners,

December 23d, 1826.5 SIR-Herewith, I have the honor to forward to your excellency, a report of the canal commissioners of Pennsylvania, made in obedience to the eighth section of the of 11th April, 1825.

With great respect, your most obedient servant,
WM. DARLINGTON,
President of the board of canal commis-
sioners of Pennsylvania.

To his Excellency John And ew Shulze,

Governor of Pennsylvania.

The canal commissioners of Pennsylvania. in obedience to the act of 11th April, 1825, respectfully submit the following report:

The duties of the board are naturally arranged under two distinct heads, namely—the survey and examination of canal routes, as prescribed by the act of 11th April, 1825; and the location and construction of canals, under the act of the last session of the legislature, for the commencement of the Pennsylvania canal.”

In his character as a Judge, the venerable subject of this memoir never forgot that justice should be tempered with clemency. When seated on the bench, he was patient in his attention, in his perceptions clear and discriminating, in his decisions upright and impartial, and in the delivery of his opinions and charges, concise, perspicuous, and not inelegant. In his official intercourse It will be remembered, that the operations of the board with the gentlemen of the bar, he maintained a firmness of character and dignity of deportment, mingled with under the first named law during the session of 1825, were such politeness and suavity of manners, as never failed intended only to determine the practicability of a water to command their respect, and to conciliate, in the high-communication between the Susquehanna and Ohio.est degree, their affections and esteem. If the cause of The result of these enquiries was communicated to the justice or humanity ever suffered in his presence, his legislature; but from causes then stated, and beyond the heart and his will were strangers to the transaction.controul of the commissioners, they were necessarily Even the delinquent who received from the Judge the imperfect. To supply such deficiencies, and, as far as chastisement of the law, was forced to acknowledge in possible. to examine the other routes, pointed out by law, have been the objects of the board, in its surveys the dispensation, the mildness of the MAN. The surveys are as follows: But it was in his private capacity that the virtues and of the last season.

From these remarks, it will be perceived, that as to four of the surveys enumerated, the board have not yet materials for a satisfactory report. But as the 8th section of the act of 1825, is construed to require such a communication, within thirty days after each meeting of the legislature, and as within that period, existing defi-line was let out to contractors upon terms very favouraciencies may not probably be supplied, they have deem ed it advisable to make, at this time, a report of their proceedings, under the act for commencing the Pennsylvania canal, and to rely upon the indulgence of the legislature, until the other interesting subjects confided to their care, shall be completed and matured.

rough of Harrisburg with water, and for propelling machinery," if it could be done without disadvantage to the commonwealth; and by act of April 5th the period for making such agreement, was limited to the first June following.

to begin on the opposite side of the Allegheny river,beside violating the law, would be a serious blow to the welfare of their city; and that even should the_western side be preferred for a portion of the route, the canal must cross by an aqueduct, rather than commence elseThe board entered upon this du'y in a spirit of ac- where than in the city. They urged, also, the expedicommodation, and with the sincere hope that all difli-ency of a location on the castern side, for the whole disculties might be adjusted, without committing the inter- tance. ests of the state, or materially impairing those of the Harrisburg company.

Notice was accordingly given, to the president of that company, that the board would assemble in Harrisburg, on the 17th May, with a view to this object. The board having organized, its first act was to propose a conference with the managers of the company. The proposal was accepted, and a negociation continued, partly in writing and partly by conference, until the evening of the 19th, when a letter was received from the president of the company, explicitly declining any further communication. During this interval the board made every advance, that could possibly be reconciled with their sense of duty, and having done all in their power, without success, considered themselves relieved from any responsibility. They resolved, nevertheless, that the borough of Harrisburg, should be accommodated, as far as practicable, without injury to the public. When, therefore, the route of the canal was finally located, and its dimensions fixed, an increased size was given to the upper portion, in order that surplus water might be afforded for the use of the borough, and for propelling machinery, at some future time. It was believed that the sale of water rights, upon moderate terms, would more than repay the additional expense, while it would promote the prosperity of the town, and add materially to the comfort of its inhabitants. The views of the board, on this head, have undergone no change; and they look with confidence to the legislature for a confirmation of the plan, by giving them power to dispose of water rights, and to purchase on behalf of the state, such small portions of land, adjoining the canal, as may be necessary for that purpose.

The board listened to these suggestions with an interest proportioned to the magnitude of the subject; and with the utmost anxiety to protect and advance the prosperity of Pittsburg. After repeated conferences with their engineer, and mature deliberation upon the facts before them, it was their unanimous opinion, that the difficulties of the eastern shore precluded the hope of a canal on that side, within such limits of expense as ought to be incurred, thus leaving the simple alternative of following the west bank all the way, or crossing from the east side at a point below its most serious impediments.

Upon this alternative they were not disposed hastily to decide, nor did they deem a decisión proper until further time for reflection, and an opportunity of examining the ground had been afforded them. They resolved, therefore, to locate the canal from the mouth of the Kiskiminetas to that of Pine creek, about five miles above Pittsburg, (the latter point being agreed upon as most favorable for an aqueduct,) and to leave the remaining part of the distance for determination at their next meeting. This partial location was accordingly made by resolution on the 19th of June, and on the same day received the sanction of the governor. An advertisement for contracts was also directed to be made for that portion of the line thus definitively fixed.

On the 3d of August the board met at Pittsburg, expressly to determine the interesting questions pending in that quarter. That no professional aid, within their reach, might be wanting, Mr. Strickland was directed to repair to the spot, and the services of Major Douglass, professor of engineering at the United States military academy were also engaged. As an indispensable preliminary, the board, accompanied by Mr. Roberts, and by the gentleman last named, ascended the Allegheny to the mouth of the Kiskiminetas, taking such a view of both sides of the river as served to inform them of the comparative difficulties. On their return, a committee of the citizens of Pittsburg was received to a conference with the board, who stated at large their views of the subject. These views differed from those presented by the former committee on one material point. The plan of an aqueduct over the Allegheny was strenuously opposed, and a location on the eastern side, to the exclusion of all others, and for the whole distance, as strenuously insisted on.

On the 5th of April last, the board succeeded in obtaining the services of Nathan S. Roberts, Esq. an expe. rienced engineer from the New York canal. He was instructed to proceed forthwith to Pittsburg, and to locate the line of canal from thence to the Kiskiminetas. Mr. Roberts began his operations on the Monongahela at the foot of Liberty stree', in the c ty, and continued them with much activity, a distance of seventeen miles, up the east side of the Allegheny river. He then communicated to the board the result of his examinations, expressing an opinion that a canal, on the east side, would be very expensive, and asking to be informed whether his instructions would justify an examination on the opposite bank. In reply he was directed to examine both Having thus heard the opinions and wishes of the cit sides with the utmost care, and to furnish such an esti-izens of Pittsburg, as expressed by their committee, the mate of each as would enable the board to decide be- board directed the engineers present to confer on the tween them. This was accordingly done; and from Mr. subject, and to report either jointly or severally, as they Roberts' report, it appeared that a canal, on the east might agree. Major Douglass and Mr. Strickland, acside, would cost the sum of 661,951 dolls. 51 cents-cordingly furnished a joint report, a copy of which is that it must be in danger of destruction from floods, and annexed bereto. Its substance is-1st. That a canal on hill slips, and was in some places almost impracticable. the east side would be attended with great and serious From the same report it appeared that the expense of a difficulty; but that in their opinion it is not impracticacanal, on the west side, from the mouth of the Kiskimin-ble. 2d. That the expense of such a canal would probetas, to end in the Allegheny river, opposite Pittsburg, ably equal Mr. Roberts' estimate. 3d. That for facility would be 296,122 dollars-that the ground was, for the of execution, and safety when made, a location on the most part, favorable, and free from the obstacles so for- west side, for the whole distance, would be decidedly midably presented on the eastern side. preferable. 4th. That an aqueduct over the AllegheThis report was laid before the board, at their meet-ny, constructed within a reasonable limit of expense, ing in Harrisburg, in the month of June. The contrast would not, in their opinion, be permanently safe; and as presented between the two sides of the river, could finally, as a consequence of this last position, that they have left no doubt which to select, but for a remon- would prefer a location on the eastern side, for the whole strance against a location on the western side, by two distance, to one which should require the employment gentlemen, who appeared as representatives of the citi- of an aqueduct. zens of Pittsburg. They contended, before the board, that by the terms of the law, the canal must commence within the chartered limits of the city of Pittsburg--that

Mr Roberts, in his separate report, adhered to the view he had formerly taken, and recommended the adoption of the western side for the whole distance. He

annexed to it an estimate of such an aqueduct, as he deemed sufficient for conveying a feeder across the Allegheny, above the mouth of the Kiskiminetas which he fixed at 72,000 dolls., leaving a difference of 291,000 dollars between the route proposed by him, (including the aqueduct,) and that on the eastern side.

Amid such a conflict of opinions, it became necessary for the board to decide, and they approached this part of their duty with a deep sense of responsibility to the public, as well as to the community most immediately interested.

It was the opinion of a majority of the board that the obstacles on the eastern side were too serious to be encountered; that the canal ought, if possible to terminate in the Monongahela river, within the city of Pittsburg; and consequently, that it must cross the Allegheny, by an aqueduct at Pine creek. They did not doubt, that a location on the western side, for the whole distance, would be safer and more economical. But they thought, the great importance of Pittsburg, as a member of the commonwealth; and the universal interest felt in its welfare, would justify the expense of an aqueduct, for its accommodation.

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committee of the citizens of Pittsburg and requested their assistance; but that thus far he has received from them no certain information, nor has he been able to obtain any, by his own exertions-so that the board is left in the same situation, and with as few materials for a correct decision, as when the canal was first located to the city line.

From all this it will appear, that the important questions are yet undecided, and will claim at an early day, the attention of the board. Shall the late location be adhered to? and if so, at what point, shall it join the waters of the Ohio? or shall the location be rescinded, and a new one adopted, on the western side?

This embarrassment, sufficiently perplexing in itself, and perhaps involving most important interests, is increased in difficulty, by differences of opinion among in telligent men, as to the meaning of the law, from which alone the commissioners derive their authority. The board has not doubted its power to conduct the canal through the city of Pittsburg, nor that a canal on the western side, from a point opposite that city, to the mouth of the Kiskeminetas, would fall within the terms and spirit of the act of assembly. If an immediate deciThis question was no sooner disposed of, than anoth-sion upon these points, were required by the interests er not less difficult, arose. A doubt was suggested, of the public, they would not deem it proper, to wait whether the board had power, to pass the canal at plea- for assistance from the legislature, in the way of explansure through the city, so as to enter the Monongahela, ation. But as doubts have been expressed by individuat the point most convenient to the inhabitants, especial- als, whose opinions they respect, as to the power of the ly as much additional expense must be the conse- board, on both these questions; and as the conducting quence, without material advantage, to the public at of the canal through the city, must be attended with large. The choice of routes, for this purpose, and the serious expense, perhaps not contemplated, by the fraexact point of termination, must at all events be govern- mers of the law, they have deemed it prudent to lay beed, by the probable damage to be occasioned to private fore the legislature this exposition in order, that any property, and the probable extent to which releases misapprehension of the meaning of the act, or the powcould be expected. And it followed, that until the later of the board, may be promptly corrected, by competer points were ascertained, with some degree of cer- tent authority. Should the legislature think proper, to tainty, it would be hazardous to locate, beyond the city interpose their commands, it is respectfully hoped, that line. they will either define, with exactness, what they exFrom a combination of these views and opinions, re-pect from the board, or give them a discretionary power sulted a resolution of the board, on the 9th of August, directing the canal, from the end of the location formerly made, to be passed by an aqueduct, across the Allegheny river, and thence to the line of the city of Pittsburg, upon such a level as to admit of being conducted, ultimately, either into the Allegheny or Monongahela, or both. This location has since been made, and on the 4th day of September, was approved by the governor.

not liable to be abridged, or doubted by construction.

In detailing their proceedings, on the western division of the Pennsylvania canal, the board have purposely departed from exact chronological order. They deemed it an object of primary importance, that the interesting question, which has caused to them, so much anxious thought, and has so seriously agitated the great western emporium of the state, should be presented to the legis lature, at a single view. If they have succeeded, in so explaining the facts that the public may understand, and Resting with confidence on the decision of a tribunal, which only errs when information is withheld, they return without further remark, to a history, of that portion of the line, which is positively determined.

At a subsequent meeting of the board, held at Philadelphia, in September last, this subject was again discussed, on the question whether the portion last loca-justly appreciate them, their object is accomplished.ted, should be advertised for contracts. There was yet no certainty, that the object of the board, in crossing the river, could be fully accomplished. That object had been the accommodation of Pittsburg, by ending the canal, at the steam boat harbor of the Monongahela, instead of ending it in the Allegheny. For it was not supposed, that if the canal were to terminate in the Allegheny, the convenience of the city would be promoted, by crossing the river, in any degree proportioned to the increase of expense. Until, therefore, the prac. ticability of reaching the Monongahela, at a reasonable cost, were satisfactorily determined, it would have been unwise to execute an expensive work, which in one event, must be comparatively useless. The board were still less disposed to incur such hazard, from a knowledge, that their decision had not been satisfactory to the people of Pittsburg, and that a false step must expose them to censure from the public, unrelieved by the consolation of having gratified those for whose advantage it had been designed.

It was determined, therefore, to suspend the execution of this part of the work; and the acting commissioner was instructed to ascertain what proportion of land owners, on the several routes through the city, designated by the engineer, would probably release their claims to damages. He now informs the board, that he promptly furnished a copy of his instructions to the

In connection with his report, upon the location of the main canal, in the month of June, Mr. Roberts reported the plan of a feeder, to commence at the Kiskiminetas, about nine miles above its mouth, and passing down its northern bank, to cross the Allegheny river, by an aqueduct, at the head of the main canal. The line of this feeder has been run, and its practicability fully ascertained; but for obvious reasons, it has not yet been put under contract. The question is yet to be decided, by a paramount authority, whether this feeder shall be a part of the greater communication from east to west, or shall be adapted merely to the purpose for which the Board at present is competent to provide. Upon the decision of this question, preliminaries indispensable to the making of contracts, depend.

It is proper here to remark, that the aqueduct necessary to convey a feeder across the Allegheny river, has no bearing upon the question of location on the eastern or western side. In either case the canal must derive its supply from the water of the Kiskiminetas, brought by a feeder from a considerable distance up that stream. Should the Juniata route be adopted hereafter, this feeder must become a part of the great communication from