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hardly ever attained. It cannot be attained except
through proportions, which in practice it is next to im-
possible to adjust. The power to tax implies the pow-
er to establish such proportiuns as the legislative body
deems best. Whether they arc really so, or not, some ar-
ticles 8i some persons also, are in practice altogether ex-
empted from taxation. Personal property in Penna. pays
little or nothing. Heal estate bears the great burthen of
county taxes, which are regulated by a law of the state.
In other States, the reverse takes place. Id all, it is a
matter within the powers of government, unless re-
strained by the people in their fundamental laws; and
in those of Pennsylvania, as before remarked, we find
no such restraint. It appertains to the legislature of
Penirsylvania, to assess a tax upon traders, as upon auc-
tioneers and innkeepers. Upon the latter, the tax is
assessed upon an estimated rental cf the tavern. It
was formerly assessed upon a different principle. Up-
on auctioneers, it is partly commission upon the sales,
which is exacted by a proportional, and partly a speci-
fic payment, which may be deemed unequal. In every
case, it depends upon the Legislature, who are able by
their position to produce a general equality of taxation,
though partial assessments; which when examined se-
parately, often appear unjust; and when they are actu-
ally and oppressively so,the remedy for them is not in
the Courts of Justice, but in the Legislature itself.

Several questions have been pro])osed as to the con-
struction of particular parts of the Act of Assembly, on
which we have been requested to express an opinisn.



234



DESCRIPTION OF BEAVER FALLS



[OctobbB'



1. What is the true construction of the exception
in the first section— "Such as are sold by auctioneers
under licensees or commissions, granted to them pur-
suant to law'"

We think, tliat tlie plain intention of the legislature
was, not to tax tlie auctioneer — not to require that he
should, for his auction sales, takeout a licence; and
this, because such sales are already subject to a tax;
but that the exception extends no further, and that he
who purchases from the auctioneer, and afterwards
sells, is within the law.

2. What is the true construction of the proviso at the
close of the first section— "That nothing- in this act
shall be taken or construed so as to require the im-
porter of foreig-n goods disposing of the same in the
form in which said geods are imported, to take out a
license for vendingthe same?"

The case of Brown and others against the state of
Maryland, decided that a tax affecting importations from
a sister state was equally within the principle laid
down in that case, as a tax afTecting importations from
abroad; and of course that such a tax would be a viola-
tion of the provision of the Constitution of the United
States, which gives to Congress tlie power to regulate
commerce. The proviso should be construed with re-
ference to this decision; and if so, it must be understood
to mean that the importer from another state as well as
the importer from abroad, is excepted. This we take
to;be the sound construction of that part of the proviso.
The true interpretation of the words, "disposing of
the same in the form in which said goods are imported"
— is, disposing of the same by the bale, cusk, case, chest,
or other packages in which they were imported; and
the exception, in our opinion,docs not embrace the case
of packages broken up, and sold by piece or parcel
short of the whule. The breaking up of the packages
desti-oysthe evidence of importation, and constitutes
what the Supreme Court terms mixing the goods with
the gener.'il property of the States.

This proviso is e- idently intended to save the act
from the operation of the decision of the Supreme Court
already alluded to; and we think it does so efl^ectually.
The importer, then, who brings the article from
abroad, or from another state, and sells it in the same
form, that is by package, bale or the like, unbroken, is
not bound to lake a license. But the same importer, if
he breaks up the package and sells at retail the article
imported, is bound to take a license.

If the importer uses the article of his importation
in the manufacture of another distinct article, which
article fairly comes, when manufactured, within the de-
scription of a manufacture of the United States, we
think he is not bound to take a license for the sale of
the manufactured article, nor is any one who sells the
same article. As good an ilhrstiation as we can take
for this part of our opinion, is the case of patent lever
watches, which has been suggested by one of the gen-
tlemen who has consulted us. These watches are im-
ported in an incomplete state; the movements, or in-
internal part, alone being generally imported, and the
case, face, &c. manufactured in this countr}'. They are
often importedby the case manufacturer or finisher;they
may be sometimessoldby the importer to the finisher. If
they importer sells them in the packagein which he im-
ported them, they will not form a part of his sale to be
estimated for license. If they are imported in packages
of a dozen, and he breaks them up and sells them in
smaller parcels, they will form a part of his sales. If
he imports them in single packi.ge.s, he may sell them
singly or otherwise, and they will not form a part of
his sales. If they are cased and finished, and then sold,
they are partly a domestic manufacture and partly a
foreign manufacture; and the same is true of every ar-
ticle manufactured in the United States out of a manu-
factured material that is imported. Here the law of
Pennsylvania has not followed the principle found in
some of the acts of Congress, by prescribing that the en-



tire article, or that any particular proportion of its
value, shall consist of a particular material. Liquors
distilled within the United States, either from foreign
molasses or domestic molasses, would seem to be ex-
cluded by the act. Cut nails, whetlier made from fo-
reign bar iron or domestic bar iron, would seem to be
equally excluded, they area manufacture of the United
States. Tin manufiutures of all kinds are .within the
same rule, although the slieet tin is imported as a man-
ufacture from abroad. In all these cases, the article
from which the manufiicture is made, is apt to be re-
garded as a raw material, but it is a manufacture; and
although not so elaborate as the movements of a watch,
yet equally comprehended within the name of manu-
facture. Its use in an American manufacture cannot
prevent the latter from enjoying the exemption men-
tioned in the act. If a finisl;ed watch, made up with
the movements put together abroad, is not an American
manufacture, is such a watch, or a clock, made up from
the detached or separate wheels, springs, &c. imported
without having been put together abroad? Of the lat-
ter, we think there cannot be much doubt; and the
difference between the two cases is in degree and not
in kind. This case, and cases of this description, may
perhaps be thought cases of doubt, and we cannot deny
that they are so; but tlie strong inclination of our minds
is that the watch finished, faced and cased in the United
States, is within this act an American manufacture as
much as if its wheels came separately, and as much as
an)' other article made in this country out of elements
manufactured abroad; and that in every instance in
which an imported article is made up in the United
States, and then sold in its altered condition, it is not to
be estimated as part of the annual sales of the trader
under this act.

The spirit of the act, it appears to us, fully sustains
this interpretation. The exception was intended to
favor all American manufactures; by the relieving them
from the effect of the licen.se, and there being no dis-
crimination between American manufactures, according
to the character of the material fiom which they are
made, or according to the quantity of American labour
and skill expended upon them, no discrimination upon
these principles ouglit to be made by the officers to
whom the act has committed the duty of making an es-
timate.

CHS. CHAUNCEY,
HOR. BINNEY.

September 28, 1830.



DE.SCKIPT10N OF BBAVKJt FALLS.

iJAKjcs OF Beaveh, Sept, r, 1830.

3Iessrs. Editors; — While taking the census of the dis-
trict allotted to me, 1 have felt it my duty, in addition to
the requirements of the law, to notice the face of the
country, its mineral riches, improvements and capabili-
ties. Next to the agricultural advantages of our coun-
ty, the falls of Beaver deserve the most particular no-
tice. The vast water power afforded by ihem, and the
peculiar situation and distribution of that power invite
its employment for manufacturing purposes? And
while the fertile districts in tliat vicinity ensure a con-
stant supply at moderate prices, not only of food, but
many of the raw materials necessary for those engaged
in manufacturing establishments will in turn enhance
the value and give a market to our agricultural products
— thus going hand in hand on the road to independence
and comfort.

The prosperity of every country must depend upon
the developement of its resources and capabilities, and
applying them to the uses for w hich they are fitted and
designed. It is the interest of every inland district,
where the means and facilities exist, duly to apportion
the labour between the manufaciurers and agricultur-
alists, that each class may alternately be producers and
consumers for each sther. These are axioms that need



11830]



DESCRIPTION OF BEAVER FALLS.



235



neither eiplsnation nor proof. How nfun uc hear the Evans, the latter doing much business — of which no
cry of "hard times," monef scarce, and dull markets, j particular return is received.



So far as Ibese are facts — Ihey result, (in our i
least) from our negligence to improve our advantages I
and resources — and if we neglect to use the means the
God of nature has put into our j^ower, we will continue |
poor and dependant and deserve to be so. But to my I



Supposed capital invested fjOOO.

Hands employed 3. Annual value of manufactures,
3000.

Nearly opposite, and on the east side of Beaver, stands
the village of New Brighton. It occupies a part of a



object. — I design to give a description of the Falls of beautifully inclined plain, terminating at the water line
Beaver, their improvements and capacities. 1 hey com- of Beaver, for say, one mile. It is in extent, situation.



mence absut five miles from the confluence of that
stream with the Ohio: and consist of a succession of
rapids with few and comparatively small perpendicular
pitches, for 2 thirds of that distance. The valley of
Beaver at this place is more or less, half a mile in width
the channel from 4 to 500 feet. The valley is bounded,
on the east and west by high, and in many places, per-
pendicular hills — the chaimel has a continued bed of
solid rock. Immediately at the head of the falls, Beaver
takes a direction to the south east, until it meets a bold
and rocky precipice of considerable height, along which
it circles to the south, leaving on its western shore an
extensive plain of from twenty to sixty feet above the
surface of low water. Tlie current checked in its pro-
gress to the south-east is propelled across the valley
to the South West until it meets the resistance of the
vestern hilN, leaving on its eastern shore a plain similar
to the one just noticed. Again arrested in its course,
it gradually resumes its general direction to the south,
dividing its valley in such a manner as to permitthe
occupancy of both its banks. This locality of immense
water power afforded by the Beaver, ofrcrs every facili-
ty for its employment in propelling machinery, while
tile adjacent level pl.iins, present the most eligible
scites for work-sliops, and the most pleasant and healthy
situations for the residence of man.

But the importance of the place, to the future inte-
rests of our country demands a more minute descrip-
tion.

The plain on the west side, near the head of the fdl.s,
is of considerable extent, amply sufficient for the scite
of a large manufacturing town. Its aspect is to the
south east, gently inclined to the water edge. By this
arrangement of the ground the water of Beaver may be
taken out at any desirable point, at any elevation to the
extent of the fall, say 22 feet, and to any amount short of
the whole volume of the stream. At the south of this
plain stands the village of Brighton, at present a small
place but in a state of rapid improvement. The propri-
etor, (Mr. Patterson) an experienced and enterprising
manufacturer, has recently commenced operations on an
extensive scale. New buildings are erected and erect-
ing, among which is a cotton factory — old buildings
and machinery put in a state of repair: — In operation,
i grist mill, 1 saw mill and 2 carding mnchines. A large
amount of materials, such as lumber, brick, &c. collect-
ed and collecting— 2000 fine cotton spindles with neces-
sary apparatue, already on the spot, an devery arrange-
ment making to progress rapidly the ensuing season,
with X variety of useful manufactures.

The amount of capital invested and business done can-
not now be accurately estimated, as they are principal-
ly preparatory to larger operations. They are, howev-
er very considerable, and much employment has and
will be given to industrious laborers. The commision-
ers appointed under the act of Congress to establish a
National Armory, on the western waters, after a patient,
laborious, and scientific examination and estimate of
all the prominent scites for water works, in western
Pennsylvania, Virginia, the states of Kentucky, Tennes-
see, Indiana, and Ohio, g-are this scite a decided and me-
rited preference. See their Keport, page 47. By what
trick, finesse, management,or mismanagement that great
work has been postponed »v abandoned, is not for us
here to inquire — the fact of the preference as shewing
the importance of the scite, is enough for our present
purpose.

A little lower down, is the saw and gristmill of Mr.



and indeed every respect equal to the one already de-
scribed. The amount of the water power it commands,
and the facility with whicli it can be employed are little,
if at all inferior to that of Brighton. The following es-
tablishments already exist.

No. of An. value of
Cap. invested, hands. Manufac.

1. L. Jennings, and Co. Sash fac-
tory $2,500 4 4000

2. Sweasy and Townsend's saw
mill, oOOO 3 2000

3. D. Townsend's wool carding es-
tablishment, 1,500 2 J 000

4. D. Townsend's grist mill, 10,000 2 r,500

5. Dugin, Hoops and Co. Chair
Factory 600 5 1,500

$17,600 16 S16,000
This is but a beginning. A very small part of the wa-
ter is now employed. The proprietor, (Mr. David
Townsend is making a race or canal, with a view to
occupy the whole of his fall — say 20 feet. He contem-
phites having it finished early next season, when he
luill have en amount of water power to dispose of, equal
at least to the whole amount now used at Faltston.

The borough of Fallston is situated on the west bank
of Beaver, near the termination of the rapids, proper-
ly called the Falls of Beaver. It is a compact, well
built village, with a population of near 400 souls. It
may (with the two villsges above) be said to owe its
existence to the water power it commands. It occu-
pies 85 cubic feet of water per second, with a head and
fall of 15 feet, equ.al to one twelfth of the whole water
power of Beaver Falls, at the lowest stages of water, as
we will show more fully hereafter. It is already dis-
tinguished by the number, variety and importance of its
manufacturing establishments, the principal of which
I have the pleasure here to notice.

Hands Jin. vol.
Cost. emp. man.

1. Mr. Blanchard's scythe factory ?2880 5 4350

2. Townsend, Baird and Co. 1800 just in oper,
S. do. do. sawmill, 2600 3 2400

4. Johnston and Stockson's Paper
mill, 12000

5. Townsend, Baird, and Co. wire
factory, 10000

6. A. W. Townsend's woolen fac-
tory, 8366

7. do. wollen machine shop, 2000

8. R. Mnreland's oil Mill, 2000

9. Thornilly and Townsend's wool
carding, and machine factory, 3400 7 4600

10. Pughs and Wilson's cotton fac-
tory, 15000 55 11000

11. J. Miner and Co's Bucket fac-
tory, 6000 11 11000

12. E.and J. Pugh's grist and flour-
ing mill, 10000 3 15000

13. do. do. wool carding estab-
lishment, 2000 2 1500

*r8046 128 §85098
A little lower down on the west side of Beaver stand
the villages of Sharon and Bridegewater, with their
establishments. At the former are the saw mill and salt
works of Dr. Adams. The latter est«blishm«nt situ»t-
ed as it, is, within a few perches of the coal-pits, and



23


1600O


11


9600


22


7948


4


1500


2


1200



A



236



DESCRIPTION OF BEAVEE FALLS-



[OcTOMEB



witli abundance of water of a good quality, promises
much to render us independent of otliei' sections of the
country, for that indispcnsible article- — salt.

Capital invested §2000 — number of liands 7 — annual
value of salt manufactured, 6,000 dollars. At this place
is also the establishment of the Sharon Foundry Compa-
ny, at which are cast a great variety ef wares, of good
quality — wheels of various kinds, for machinery, stoves,
metal shares, &c. &c. for ploughs, and in short a good
assortment of articles in that line.

Capital invested 3750 dollars; number of hands em-
ployed 4, annual value of manufactures 7500 dollars.

In this vicinity is the brewery of Messrs. Laird & Co,
at which 1600 bushels of barley; and 1000 pounds of
hops are aninially consumed, and beer, porter and ale
to the value of 2500 dollars annually manufactured,
ft: On both sides of Heaver at this place, keel boat build-
ing is carried on with a briskness and eflect, unequalled
in the western country. These came more especially
under our notice at this time, on account of their con



cullies, they have brought their establishments to their
present prosperous condition, and every good and con-
siderate citizen cannot but wish them ample remunera-
tion.

Having thus given a'general though brief descrip-
tion of this unparalleleil scite for water works, and the
improvements made and in progress. It remains to
treat its capability for further improvements and the ad-
vantages likely to result from their completion.

In attempting an estimate of the water power afforded
by the falls of Beaver, we will frequently refer to the
report of die commissioners, under the act to establish
an Armory on the western waters, which accompanied
President Monroe's message of January 18, 1825. 1 do
this rather because it is a public document, acceptable
every where, the truth of which will not be questioned
— and because it is my wish to present a matter of fact
statement on which the public may safely rely.

The whole amount of fall is 75 feet, but a dam of 8
feet at the head of the falls; would give us a head and



ncction with and dependence on the establishments at fall of 65 feet. See page 36. The volume of water



the falls for the most of the materials used in their busi
ness. They are incidental to, and growing out of the
employment of the water power, at that place. The
following is a list of the boat yards, number of hands and
business done this year.
The boat yard of Mr. Martin, hands employed

5 business done $1837



do Mr. Dougherty,

do Mr. Garvin,

do Mr. Davidson,

do Mr. Hinds,

do Mr. Boles,



68 $21077

Near the mouth of Beaver.with its abutments & piers
based on a solid rock, stands the Beaver bridge which, as
a specimen of bridge architecture ,is unrivalled and per-
haps uneqalled in Pennsylvania, as to the beauty and
the perfection of all its parts. Cost, 22000 dollars — an-
nual dividend 1199 dollars.

Near the bridge is the wind-mill factory of Messrs.
Penny & Purdy, where they will this year, with the
employment of from 8 to 10 bands, build wind mills to
the value of 10,000 dollars

At the point, is 'Stone's Harbor,' one of the safest and
best on the Ohio. This is the principal depot for trade
passing up and down the valley of Beaver, and to and
from the Wes^tern Reserve, &c, in the state of Ohio. —
The proprietor, Mr. Stone, is extensively and prosper-
ously engnged in the warehousing and freighting busi-
ness.

There are many other estabrushments at which much
business is done, such as stores, smitheries, tanneries,
making fire brick, which though important to the place,
and giving much employment to the laboring classes,
cannot be here enumerated.

HKCAPITULATION.

Capital Hands annual value of

invested employed manufactures

At Brighton,

P. 8c E. unknown, say 20 say

New Brighton, §17,600

Fallston, 78,046

Sharon, 5,000

Boat building.

Brewery,

Windmill factory.

Bridge, 22,000



20
17
128
11
63



^Z^Ttg^^e



123,396



254



A slight consideration of the above table will satisfy
evei-y one of the importance of improving the advan-
tages of our situation, and will make any remarks or eu-
logy on the enterprize, spirit and perseverance of the
individuals concerned, totally unnecessary. Suffice it
to stiy, that through many discouragements and diffi-



that descends these falls, during the greater part of the
year, is so ample as not to need being estimated, so far
does it exceed the quantity that will ever be put in re-
quisition. It is only at the lowest stages of the water
that its power need be calculated. For this purpose
we will select the summer ef 1822, when to use the lan-
guage of the report "the river was lower than at any
former period within recollection." Page 57 "At this
period there was flowing through the channel at Pugh's
(Fallston,) 85 cubic feet per second, and the volume of
the river, was estimated to be three times that in the
canal." Again, page 59. "The volume of water in the
canal at a low stage in ordinary seasons does not exceed
one eighth of the whole volume of the river — and the
whole quantity supplied by the river at its lowest stage,
in 1822, was 236 cubic feet per second." If we multi-
ply 2S6 the cubic feet by 65, the head and fall, we will
have the whole water power of the falls expressed by
the number 1534. By comparing the sentiments in
page 13, with those of 41, it will be evident that 66
cubic feet per second, with a head and fall of 16-6
would be sufficient to drive 12 pair of 5 feet burrs —
MuUipUing these numbers by each other, will express
the power by the number 1095.6. And if this last
number expresses a power sufficient to drive 12 pair of
5 feet burrs, it will be equally evident that 15340 the
whole power would be sufficient to propel one hun-
dred and sixty eight pair of such burrs! What an as-
tonishing power this, to be concentrated in so small a
space — and yet so situated as that the whole of it can
be so conveniently and effectually employed.

The whole water power used at Fallston is 85 cubic
feet per second with a head and fall of 15 feet — equal
to one twentieth only of the whole power at its minimum
as above. But we have shown that with this 12th, ar-
ticles to the value of §80,000 are annually manufactured.
If then the whole water power was so employed, the an-
nual value of its manufactures would be nearone million
of dollars. But we have seen from the same report
that at "a foui stage of water in ordinary season" only
one eighth of the water of Beaver is used at Fallston —
16,000 I this would more than double all the foregoing calcula-
85,098 I tions and admit an annual manufacturing to the value of
more than two million dollars. The latter may be con-
sidered as a fair average estimate when we consider the
almost incalculable power of the stream at a medium
and high stage, which prevails more than half the year.
Need we remark on the increased prosperity of this
county with such an amount annually retained or
brought into & circulatedin it? But this is not all — the
various establishments along the falls now gives support
to a population of about 800. When the improvements
are completed, at the same rate, the population would
exceed 6000. Our farmers need not be told the advan-
tages of having such an amount of population depend-
ent on their surplus production and that too at their



$10,000



159,374



1830.]



HORTICULTURAL SOCIETY.



237



very doors. Tliey cannot hul know that consumption,
makes demand, and demands enhance tlie price. We



Online LibraryMedical Society of the State of North Carolina. AnThe Register of Pennsylvania (Volume v.6) → online text (page 74 of 129)