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We pass now to some considerations which are peculiar to the remedial law of this commonwealth. It is well known that the chancery jurisdiction was in the early period of our history repudiated. The principles of equity were however retained and mingled with the elements of the common law; whether all these principles can be so blended as to admit of convenient administration by the existing, viz. by the common law methods, is perhaps, questionable. The experiment is of a highly interesting character, and from the success which has hitherto attended it, there can be no doubt that the material and most valuable parts of legal and equitable jurisprudence may be made to amalgamate, and with occasional aid from the legislature be successfully administered by our courts. It has been a principle with them to retain all forms of proceeding known to the common law. In theory many are believed to exist, which are not known to have occurred in practice, yet they are more extensively in use here, than in places where courts of equity exist, with the appropriate attributes of chancery. The writs of Dower, Waste, Estrepement, Assize of Nuisance and the Action of Account Render, may be mentioned as examples.

this subject with one general remark: whatever legisla tion may be adopted on the subject of actions, it should have the common law for its basis. In other words it should be in the main merely declaratory. The experience of our ancestors will form a safe rule. It would be unwise to reject it for new inventions, for however well they may be conceived in respect of general views, details will escape observation, and in matters of this sort, they are in their nature too fugitive and mutable to be laid down with due precision by the most vigorous and well furnished mind.

For the purpose of ascertaining the amount of litiga. tion in the commonwealth, the forms of action in which it is principally carried on, the effect of the system of arbitrations and other matters connected with the administration of justice, we addressed early in the last summer, a circular letter to the prothonotaries of the several counties, with appropriate inquires. By the courtesy of many of these officers, we have received in reply much valuable information, which will serve as a useful guide to us in the performance of this branch of our duty. submit with this report a summary of the whole. We had hoped to have it in our power to We are persuaded that it would form a foundation for many useful considerations, touching this branch of the revision. We hope hercafter, to submit this information to the legislature.

We fear to extend these remarks; but there remains one topic of too much importance to be omitted-we allude to the subject of pleadings. No portion of the law has been the subject of more frequent reproach, than the system of pleadings of the common law courts, There are undoubtedly some matters of equitable ju- and none has been more encumbered or disfigured by risdiction, which require more comprehensive opera- refinements foreign to its objects. According to the tions than are compatible with the due and obvious use opinion of Chief Justice Hale, the pleadings of the of common law process, and some matters of equitable courts in the reign of Edward III. were far superior to consideration and relief, which call for different admin- those of his own times. The legislature has interfered istrative appliances. Yet the principles of our system, with the courts more frequently in this branch of require that the resources of the common law, should the common law, than in any other, but it was to corbe first resorted to, and applied, and when exhaust-rect particular mischiefs. ed, such further remedial means may be supplied ples of the science has never been attempted. Such a An act to restore the princiby direct legislation as shall be necessary to render this measure has been recently proposed in England, and branch of the law fully adequate to the ends of justice. would be attended no doubt, with the best results. The action of account render has been incidentally men- But our system of equitable pleadings is crude in the extioned. This action is nearly obsolete in England, and treme. The notice which it is the practice to give, unquite so in some of the sister states; but it is essential to der some general plea of the equity intended to be set our system. It partakes largely, however, of the char- up, may be multifarious, diffusive, and informal. Add acteristics of the ancient actions. Many of its forms are to this, no answer or replication is ever given to it. peculiar, and in some respects necessarily so. been obscured also, by long disuse, when it was adopt matter. It had It is neither denied, confessed nor avoided by any other The whole transaction in the controversy beed into our practice. It has undergone some change by tween the parties, is left open to its broadest extent, the authority of our courts, and in a few instances, the however narrow may be the limits of the real dispute. legislature have interfered to amend its provisions. This And even if the controversy concerns merely the legal action is believed to be susceptible of great improvement. effect of the transaction, which in the method of pleadA declaratory act, embodying its principal rules in a ings would be admitted by both the parties, still it must compendious and intelligible form, would we think be usually be tried through the medium of the jury. We eminently useful. Detinue, is another action, well need not dwell upon this subject: the effects of this adapted in some respects, to the peculiarities of our law; practice are various and of serious operation. The exthe redress which it is designed to yield, is specific. In pense of litigation is increased to the parties and to the many cases such redress only would meet the just views public; the public business is delayed; the burthen of of the party injured. It has also another property well attendance upon courts as jurymen or witnesses is inadapted to the trial of a great variety of questions of creased to individuals, and courts are compelled to deordinary occurrence: we allude to the practice of inter cide extemporaneously in their charges, the most compleader, a method by which third persons may be made plicated questions of equitable jurisprudence. Another party to the action, where their interests are principal- serious consequence is, that our equity is vague. In ly concerned. This practice bears a strong analogy to the matter of title to real estate the certainty, stability the comprehensiveness of chancery proceedings and and uniformity of the law is of immense importance seems peculiarly fitted to the transactions of a commer- and that system is best, which most effectually secures cial community. It is worthy of consideration, whether to it these properties. The maxim stare decisis can nethis action may not be brought into more general use in ver be made to apply with the full effect to the decisionsof the manner already suggested in relation to the action juries. It would be easy to illustrate these views by exof account, or whether the peculiar advantages of this amples. They are not uncommon. action may not be engrafted upon others in more common But we pass on to use, we shall pursue the enumeration of actions no far- system are not incurable. We do not indeed suppose one concluding remark. The defects in this part of the ther, although there are several which contain expedi- that these equitable pleas are susceptible of the singleents that may be made largely to subserve the admin-ness, certainty, and particularity of a common law issue. istration of our equitable jurisprudence. We conclude The equity of a transaction may be the result of many

1832.1

PROCEEDINGS OF COUNCILS.

facts that cannot be involved in the denial of one. Nor do we suppose it would be useful to introduce in any degree, the subtleties or strictness of the common law system, as it now exists elsewhere; but a system which requires no extraordinary professional skill, which imposes no undue labour upon the parties or their counsel; on the contrary, by requiring it to be bestowed at the proper time, diminishes the labour of all who may be in any way concerned-a system which, while it contributes to the despatch of business, ensures certainty in the administration of justice, and lightens the arduous and responsible duties of the judges; so far from being repugnant to the liberal spirit of our laws, is essential to effectuate their intent. Into such a system may the present practice of our courts be converted, without disturbing any of its essential or useful principles or properties.

business, to consider: and it may be worthy of consi-
deration, whether the general interests and convenience
of the public would not be promoted, by successive re-
ports of the laws by titles. The learned Judge Barring-
ton, in a work of much merit, suggested a method in
some respects similar, for the revision of the English
statutes, and the late Judge Roberts thought it the most
practicable and rational mode for the reform of our own
laws. We will only add, that in this method, the re-
vised acts would be more fully and fairly tested, and any
defects which may be developed by practice may be
most conveniently amended.

March 1, 1832.

W. RAWLE,

T. J. WHARTON,
JOEL JONES.

From the Philadelphia Gazette.
PROCEEDINGS OF COUNCILS.
Thursday, March 22, 1832.

We have thus adverted to some of the topics which It is not our object at have occupied our attention. present to suggest plans of amendment. These form a distinct class of considerations, and will require mature reflection. The amount of correction necessary, and the mode in which it may be performed, is often a difficult question; and it is never to be forgotten, that the dangers of the correction proposed are not less careful-petition praying that Fourth street from Arch to Vine

ly to be considered, than the mischief to which it is to be applied.

our labour remains to be done.

SELECT COUNCIL.-Mr. JOHNSON presented a

streets be re-paved, which was referred to the Paving Committee.

Mr. JOHNSON presented the following petition from the Washington Fire Company, which was referred to the committee on Fire Companies:

To John M. Scott, Esq. President, and Members of the
Select Council of the city of Philadelphia.

The undersigned, a committee appointed by the Washington Fire Company, beg leave to lay before the Honourable the Select Council, the following preamble and resolution adopted by said company, and respectfully solicit an appropriation of money to be applied to the purchase of a suitable Bell to be rung in time of fire, and to be located in the S. W. section of the city. The committee presume to hope, that the same liberality will be extended to the people in this district, which has been so recently granted to those of the North

Western section.

W. P. SMITH,
W. W. WEEKS,
L. H. GARSON.

Sufficient, we trust, has now been said, to satisfy the legislature that the time limited by the resolutions for completing the revision in the manner enjoined upon us, is entirely insufficient. We have not, indeed, devoted our individual attention to the subject-we thought it was not intended we should do so; yet our whole time, assiduously employed during two years from the date of our appointment, would have been inadequate for the purpose: for although, as we have remarked, we have not given to it the whole of our time, we have subtract ed from our professional pursuits a very large portion of it for the performance of these duties, and yet much of We are, however, at present prepared, by our examinations of various branches of the laws, and the collections and collations of them which we have made, to proceed with more speed in the residue as we believe, than has hitherto been practicable. But our preparations have not been confined to mere collections and collations of our own laws: we have, at no inconsiderable effort and expense, "Whereas, the exposed situation of the South West collected copious and valuable materials from other sources. At no former period, perhaps, has the law section of the city is such, as to require the utmost vigibeen made the subject of so extensive and minute ex-lance of the fire-men and citizens to guard from acciaminations, in reference to its principles and defects, as dents by fire; and the distance of this district from the In addition to former sources state-house is so great, that the fire-bell is frequently within a few years past. of information, the observation and experience of prac- unheard, and is indeed almost useless when a fire octical men, has been recently put in requisition by public curs far to the south west; Therefore, authority. The law has been exhibited not only in reference to its theory, but also in reference to its practiThe discussions, for examcal operation and results. ple, which occurred in the formation of the present code of France, have signally developed the jurisprudence of that country; and although in many respects diverse from our own, yet "an enlarged acquaintance with it," if we may adopt, with a slight modification, the sentiment of a very eminent American jurist, "would furnish the most solid means of the improvement of the law as it now is or may hereafter be administered in America." In England, too, investigations conducted under the authority of parliament, have also resulted in a mass of details of great practical value, not only to that country, but to most of these United States; indeed, we might say to the science of legislation generally. We should deem it culpable neglect on our part to overWe do not look sources of information so valuable. suppose a rapid execution of the revision to be compatible with any just views of our duties; yet we doubt not that we shall be able to report annually, until the whole be finished-as large a portion of it as the legislature will find it convenient, in connexion with their ordinary

Resolved, that a committee of three members be appointed to make application to the City Councils, for an appropriation to be applied to the purchase of a suitable Bell, to be affixed to the Engine House, or such other place as the Councils may direct." Philadelphia, March 1832.

Mr. JOHNSON presented the annexed memorial from the Farmers of Chester county, which was referred to the committee on markets.

To the Honorable the Select and Common Councils of the city of Philadelphia.

The petition of the subscribers, respectfully show. eth:

That they are Farmers of Chester county, who are now and have been for a long time, in the practice of bringing the produce of their farms to the Philadelphia market, and standing with their wagons, in Second street, south of Market street, where, for the purpose of cutting up their meat for sale, they have always been necessarily accustomed to use narrow benches, &c. and have never been interrupted till lately; that is, since the

it would then be impossible to load and discharge the large wagons that are used as a means of conveyance for bulky goods. That this trade must be lost to the ci ty by the attractions presented by the northern districts for the facilities of trade, or at least diverted to some other section which would be unjust to many of your memorialists. That a Market-house erected as prayed for, would be a serious impediment to the transporta tion of goods to and from the lower parts of the city, thereby producing great detention and embarrassment to all who transact business in Market street. It is known to most of our citizens that the great superiority of our market is attributable to their concentration; that mar kets, like capital, when too much disseminated, do not fulfil to the uttermost the objects for which they were established.

And, as an illustration of this fact, your memorialists would call to the remembrance of Councils, that a Mar

mediate vicinity of the site that is now prayed for by your petitioners; that it was scarcely ever occupied or attended, and that about three years since by the order of your honourable bodies it was removed, as not benefiting the community for which it was intended. In con clusion, your memorialists beg leave to question the necessity of erecting any additional Market-house at this time-as the side walks as far west as Centre Square, are occupied as market places by those who supply the market, who furnish our citizens with every marketable article excepting fish, that can be purchased any where else within the city.

passage of the ordinance of the 23d December, 1831, under which some of their benches, &c. have been seized, and those to whom they belonged, brough before the Mayor, who decided against them as he thought he was bound by the said ordinance to do; wherefore your memorialists beg leave to represent to Councils, and to solicit them, if such be the true construction of the ordinance,that they, and others, similarly situated,may be so expressly exempted therefrom, that there can be no doubt upon the matter. They think that if Councils consider their case, they will be satisfied, that it is not only for their own benefit, and interest, but that of every citizen of Philadelphia, that your petitioners should be protected and encouraged; for in the first place they are not only farmers, who own farms, but bring the produce of their farms to market with the meat they have raised or fed; which is by many citizens preferred to what is called "Butcher's Meat;" and moreover tends to keep down the price of meat by increasing the sup-ket-house was established some ten years ago, in the im ply, and thus also prevents the victuallers, by having the sole supply of the market, from having a monopoly, or fixing their own price, and renders too, the citizens more independent, securing them against another withdrawal of the victuallers; whereas, if your memorialists are prevented from using their benches or blocks for cutting up their meat, they will be virtually expelled the market, or be obliged to quit bringing meat to market, because the plan of confining them to cut up the meat in their wagons is next to impossible; the wagons are not firm enough, there is not room in them, with a quarter of beef, and potatoes, apples, eggs, poultry, and other produce therein, nor can they cut it up before they come to Should Councils, however, in their wisdom determine market, for not only would the appearance be spoiled, to establish additional buildings for markets, your me but it must be cut in pieces to suit purchasers, which morialists would be doing themselves and their fellow cannot be ascertained before it is wanted. Your memo- citizens great injustice, not to urge upon Councils, the rialists and those who have gone before them for many propriety of continuing the line of markets from 8th years, have used and exercised the privilege of ha- street west, as they may be required, instead of leaving ving benches or blocks to cut on, and no inconveni-a large space of four squares unoccupied-which would ence arose therefrom, nor was any complaint made; ordinances with similar provisions were enacted, but not enforced against them, nor supposed to be intended for them, and indeed, your memorialists think they are not embraced under the 21st section of the last ordinance, but are protected in the 31st section as "Farmers who bring the produce of their farms to market;" they cannot believe that the Councils intended to deprive them of their old privileges and thereby exclude them, as they would be from the market. They think that Councils aimed at what are called "Shinners," and not at "Farmers." And they only ask that actual farmers bringing the produce of their farms, and the meat they have raised or fed, may be allowed the long accustomed privilege of cutting upon benches or blocks; and have The Memorial of the undersigned, the Fire Companies nothing to say against those who cannot prove themselves such, being deprived; wherefore they solicit that a short supplement may be passed for the purpose aforesaid, or that Councils may take such measures as they deem meet respecting the matter.

The subscribers, inhabitants of the city, in Second street, south of Market street, and in that neighbourhood, respectfully join in the within petition, and request Councils to grant the prayer of the petitioners for the public good and benefit.

be the case were the prayer of your petitioners granted -or if that is not deemed expedient, to locate a market on one of the corners of Penn Square. And your me morialists will ever pray.

Philada. Feb. 7th, 1832.

Mr. WORRELL presented a petition, praying that Beach and Willow streets may be paved, which was referred to the Paving committee.

Mr. PETTIT presented the annexed memorial from the different Fire companies, which was referred to the committee on Fire companies.

To the Select and Common Councils of the City of Philadelphia.

located in said city,

Respectfully showeth-That your memorialists from the circumstances herewith presented, are under the necessity of soliciting the further aid of the city Coun cils, to enable them to prosecute, with vigour and success, the object of their institution.

Your memorialists are able to show, from attested vouchers and documents, that the sum now appropriated by the Corporation to the Fire Department, is inad equate to defray even the current expenses of the seMr. JOHNSON presented the subjoined remonstrance veral companies. These current expenses are the smallagainst the erection of new Market-houses in Higher portion of the amount necessary to sustain the comstreet, which was laid on the table.

To the Select and Common Councils of the city of Philadelphia.

Your memorialists, inhabitants and owners of property in the western section of Philadelphia, respectfully represent, That they have seen with regret a petition presented by sundry individuals, praying for the establishment of a Market-house in High street, between Twelfth and Juniper streets. They would respectfully suggest to Councils that a large and increasing country business is transacted within the aforesaid limits, which would be totally destroyed by such an arrangement, as

panies, as their apparatus requires frequent renewal, the cost of which devolves considerable expense upon individual members.

A portion of your petitioners have recently been obliged to obtain new locations for their apparatus, having been, at a short notice, required to leave eligible situations, held without cost, for many years. The great rise in the price of real estate, has rendered suitable situations difficult to be procured, except at an expense utterly beyond the means of your memorialists. In

In Broad between Market and Chesnut streets.

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some cases, temporary buildings have been erected on ineligible lots, and in others, where it was deemed expedient to purchase, in neighbourhoods contiguous to the residence of the members, that the apparatus of the company might not be rendered utterly useless, the property of the company and that of the individual members,has been pledged for the redemption of loans, mortgages, &c. Your memorialists submit to the city Councils, that this is not an enviable situation for institutions, the operations of which so far from affording profit to the members, subject them to continual losses and deprivations.

Your memorialists being aware that many members of the city Councils, have been and are attached to Fire Companies, deem it scarcely needful to refer to the expense necessarily incurred by firemen-independently of the particulars above mentioned-for suitable fire equipments, to the time lost by the members obliged to leave their business at the first signal of alarm; to the deep inroads, frequently irreparable, made in healthy constitutions, by repeated exposures, as these matters must be perfectly well understood. They believe that the city Councils are also aware, that the greater portion of those attached to the Fire Companies, are not the owners of real estate, and therefore not personally interested in the support of efficient fire apparatus. Your memorialists would also beg leave to remind the city Councils, that the whole expense of the Fire Departments of New York, Cincinnati, Boston, Baltimore, Charleston, Savannah, New Orleans, and other cities, is borne entirely by the corporate authorities thereof. In addition, the authorities of several of the above cities, provide for every member of the Fire Department, a suitable dress, so that said members are not necessarily subject to expense. In some of the above cities, also, Firemen enjoy, by legislative enactment, immunities and privileges, which are possessed by no other class of our citizens.

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spectfully but earnestly protest, and prays your honorable bodies to revise and repeal this enactment (in the manner hereinafter proposed,) as it seems to your petitioner an infringement of one of the cardinal rights guaranteed by the institution of this commonwealth to its citizens.

It is unnecessary to inquire how far the right of soil in the foot way and street opposite the houses, belongs to the owner of those houses. The general law of Pennsylvania, is, as your petitioner has been advised, that the right of soil in a public road, remains in the owner of the adjoining land, and that the public have only a right of passage.

Whether there be any thing peculiar in the origin of the titles of this city to exclude them from the general law, he will not now discuss. Suffice it to say that the way or passage to the street is one of the essential ap-` purtenances of property, and cannot be taken away without materially diminishing its value.

Your petitioner has been taught by the constitutions of this commonwealth and of the United States, that "no man's property should be taken or applied to public use without the consent of his representatives, and without just compensation being made:" and although doubtless this provision is familiar to your honourable bodies, yet he takes the liberty of referring you to the 10th section of the 9th article of the constitution of Pennsylvania, and to the 5th article of the amendments of the constitution of the United States. Notwithstanding these prohibitions, the ordinance in question has taken away a valuable portion of your petitioner's property, and so far from making him compensation, the rents of these stands are directed to be paid into the city Treasury.

Your petitioner understands this clause of the constitution to restrict the power of the Legislature itself, and therefore is doubly at a loss to know how Councils exercise such an authority. The Legislature has not im. parted to them even the restricted powers which it could impart. There is no provision in the charter of the city to enable the Councils to appropriate private pro

Your petitioners do not mention these facts because they, in consideration of belonging to the Fire Department, desire an exemption from the observance of any of the laws of the state, cr because they wish to be fur-perty to public use, even upon the terms of compensanished with equipments gratis-for such privileges and immunities if offered, would be respectfully declined-but they mention them to show the city Councils, that their request for an additional appropriation to defray the necessary expenses of their apparatus, is in itself reasonable, just and proper, and fully sanctioned by the operation of many other city corporations.

Your memorialists, placing reliance upon the wisdom of the city Councils, make this appeal with confidence, feeling assured that if the subject receives that calm consideration it deserves, the Corporation will increase the present annual appropriation to the Fire Companies.

All of which is respectfully submitted.

Mr. DUANE presented the following petition from PAUL BECK, jr. Esq. which was referred to the committee on markets.

To the Honourable the Select and Common Councils of the City of Philadelphia.

The petition of Paul Beck, jr. respectfully showeth, That he is the owner of the messuage situate at the north east corner of High and Tenth streets, and that until the passage of the ordinance of the 29th December, 1831, his tenants occupied the same and enjoyed the necessary right of free egress and regress, to and from the streets opposite the same without any other interruptions than such as were casual.

That since the date of that ordinance, sundry persons, justifying themselves by authority derived therefrom, have on every day except Sunday, erected temporary shambles on their carts extending several feet over the side walk and entirely obstructing the access to and from the street and your petitioner's messuage.

tion: but should the city's interest require such a measure, application must be made to the Court of Quarter Sessions, under the act of the 25th March, 1805, or to the Legislature for special law.

Your petitioner well knows that the courts of the commonwealth are open to him; but he is an old citizen and has experienced for many years the beneficial action of the Municipal Legislature, and is unwilling to resist the exercise of this power lest it should lead to a spirit and fashion of hostility to the city authorities: he is willing to submit to temporary inconvenience, if there be a fair prospect of ultimate removal.

Your petitioner therefore prays your honourable bodies to pass an ordinance, and make an appropriation for the immediate erection of more Market-houses, and to provide by the same ordinance that upon the completion of the buildings the regulation of which he complains shall cease.

And your petitioner as in duty bound will ever pray, &c. &c. PAUL BECK, Jr. Mr. WORRELL as chairman of the committee to distribute Wood to the necessitous poor, made the annex. ed report which was agreed to:

The joint committee appointed on the tenth day of November last, for the distribution of the Wood purchased for the necessitous poor and respectable housekeepers, widows, as per wills, &c. beg leave to report:

That they have during all the month of January last, distributed the same in small lots amounting to nearly four hundred. The expense of which including haul. ing, superintending and sawing the same, amounting to $176 46. The committee thought it desirable to have the wood sawed in most cases into three, thus rendering it more useful and beneficial to the aged women and Against this grievance, your petitioner does most re-others, recipients of the bounty of the testators. They

have drawn their orders on the Mayor for the above amount, which have been promptly paid by the city Treasurer, and charged to the proper account. All which is respectfully submitted.

ty. They therefore beg leave to refer it to your con-
sideration, that, if you think proper you may address
Councils on the subject. The Commissioners respect-
fully refer you to the estimate they have laid before you
as to the increased expense that will be necessary.
By order of the City Commissioners.
ROBERT H. SMITH, City Clerk.

COMMON COUNCIL.-The following communication from the Mayor of the city enclosing a communication from the City Commissioners, was received and referred to a joint committee of three members of each To the Honorable the Mayor and the City CommissionCouncil, and Messrs. Fritz, Sexton, Oldenburg, Johnson, Pettit and Massey were appointed the Committee.

MATOR'S OFFICE,
March 22d, 1832.

ers.

The petition of the subscribers, Watchmen of the city of Philadelphia, respectfully represents, That your petitioners are encouraged again to approach you, prayTo the Presidents of the Select and Common Councils. ing you to take into consideration, a subject of great Gentlemen,-The watchmen of the city have present-importance to your petitioners; an increase of their ed to the City Commissioners a petition praying for an monthly wages. They believe that their present wages increase in their wages. The Commissioners unwilling are lower than are paid to any persons employed on to act in a matter involving a considerable increase of similar service, and respectfully represent that they are annual expenditure, have referred the subject to me not adequate for their support and that of their families, with a request that it might be submitted to Councils, and for such provision as is indispensable for them in I accordingly send the petition of the watchmen with case of sickness. They would represent that their the letter of the Commissioners. The ordinances au-nightly labours especially at this season of the year, are thorize the Commissioners "to employ a sufficient num- so lengthened as to prevent them from the exercise of ber of able bodied men for lighting and watching the much bodily labor during the day, except at the expense city, at certain fixed monthly or other wages.' Their of their health. Many of your petitioners have by wages have been for several years, fixed at 18 dollars their laborious watching at night, and necessary labors per month with an allowance of 25 cents per month for by day for the support of their dependant families, se each lamp had in charge. The present arrangement, riously impaired their health and bodily strength. They which has existed for many years, divides the men into also represent that their exposure to the inclemency of two classes, the north and the south men, who have the weather almost uniformly produces some attacks of charge of lamps in addition to watching, and the east sickness, during which they incur expense and are deand west men who attend to watching only. The rateprived of the means of any earnings for themselves and of compensation and division of duty is unequal, and families. Your petitioners while they will cheerfully on other grounds, objectionable. Uniformity of wages continue to discharge their duties faithfully, whatever and duty is certainly to be desired, for obvious reasons. may be your decision, feel assured that they appeal to The present number of watchmen is about one hun- the representatives of citizens who are able and willing dred, and of lamps about two thousand. An arrange- to afford to their public servants adequate compensa ment assigning to each the same number of lamps would tion. Your petitioners represent that they express their effect a division of duty and labor more advantageous. sincere sentiments when they say that their wages are not This change however, without a general increase of a sufficient compensation for their services and labors. wages, would be a serious deprivation to a large num- And believing that the watch may be improved and ber of men who have long been dependant on the lamps their duties performed with more alacrity, if they can with which they are intrusted for a reasonable amount look to their stations as affording full and sufficient wa of monthly wages. The highest amount paid to any ges, they respectfully ask the attention of the Mayor watchman is about 30 dollars per month, and some have and City Commissioners to this matter and subject. in charge 50 lamps, a charge scarcely consistent with A communication from BENJAMIN C. HOWARD, Esq. the duty of watching. It will be found upon inquiry a member of Congress, was received relative to the that the rate of wages paid the watch of this city is CHOLERA, which was referred to the President of Coun much less than obtains in other cities, and that their du- cils in conjunction with the Board of Health. ties are more laborious. A rate of monthly wages that The annexed communication from the Mayor of the might be deemed reasonable and proper would proba-city enclosing one from "The Gold and Silver artificers" bly require an increased annual expenditure of 8,000 was received and was referred to a joint committee of dollars. I should hesitate to recommend a measure re-two members of each Council and Messrs. Sexton, Hood, quiring so material an increase in the annual appropria- Worrell and Toland were appointed the committee. tions, but a proper regard for a class of faithful public MAYOR'S OFFICE, servants occupied in an arduous and hazardous service, and a view to further improvements in that important branch of the city police, warrants me in suggesting that their petition merits the favorable consideration of Councils, as well from the justice of their plea, as from the public interests. A reference also to the munificent bequests, of the late benefactor of the city, Mr. Girard, which embrace this object, seems to justify an early at

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Philadelphia, March 22d, 1832. To the Presidents of the Select and Common Councils. Gentlemen,-I transmit you a silver medal prepared during the procession of the late Centennary Celebra tion, by the gold and silver artificers of the city, by whom it is presented as a suitable memorial to be enclos ed in the corner stone received from the Marble Masons for the proposed Washington Monument. I take plea sure also, in enclosing their letter, urging further mes sures for the promotion of that object in which a lively and increased interest must be felt by all our fellow citi

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To the Mayor of the City of Philadelphia. Sir, The City Commissioners have received a petition The undersigned, a committee appointed for that from the city watch, requesting an increase of wages. purpose, beg leave, in behalf of the Gold and Silver The Commissioners are favorable to this application, as Artificers of Philadelphia, to present to the civil author they consider the present wages inadequate to the ser-ities, the accompanying Silver Medal, prepared during vices performed; but as the desired increase would involve a considerable additional expense, they do not deem it proper to decide on it on their own responsibili

the late Centennial Celebration, and intended to be de posited in the Corner stone presented by the Marble Masons for the proposed Washington Monument. In

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