(SEPTEMBER

1

The directors of the Poor Tax, respectfully report to the State House without a written order from a memtheir respective Corporations, That they have agreed to ber of the Select or Common Council, or the Mayor of assess twenty two cents on every hundred dollars agree the City. able to the last County Assessment,and a proportionable A petition was received from the Western Fire Comtax on every free white male inhabitant; which,together pany, praying for pecuniary assistance. Referred to with the dog tax, will give for the support of the Poor Committee on Fire Companies. the gross sum of $88,508 67.

Mr. Johnson moved to take it into consideration a By order of the Board of Directors.

resolution received some time ago, from the Select Mr. Thompson from the committee on Ways and Councils, directing payment to be made to certain disMeans, made the following report.

charged watchmen of the amount of their claims, with The Committee of Ways and Means to whom was re- interest and costs. ferred the communication from the City Commissioners Mr. Johnson moved that the word “interest” be of the 13th ultimo, wherein they state that certain ap- struck out. Adopted. propriations for the present year are exhausted, and re- Mr. Baker moved to strike out the words and costs." quest that Councils will supply the same. Your Com- This was opposed by Mr. Moss, who thought that throwmittee have met and carefully considered the subject re- ing the costs on these poor men, would be inflicting on ferred to them; and now state to Councils that the ap- them a hardship. It was also opposed by Mr. Page, propriation for New Paving is this day overdrawn $19, who said that if the watchmen were entitled to their de 256 45; that appropriations for Docks and Sewers is mands they were entitled to costs too. overdrawn $ 871 91, and that two or three other appro- Mr. O'Neil said he was one of the joint committee priations are partially overdrawn. Your Committee are appointed to investigate the subject. The two branchaware that borrowing money at any time is a very un- es of the committee could not come to an agreement, pleasant circumstance, nor can they devise any means at and therefore no joint report was made but all

the mempresent by which it can be avoided. Your Committee bers of the Committee belonging to the Common Counare of opinion that twenty one thousand two hundred cil were of opinion that the proceedings of the Coramis& twenty dollars for new paying,required by the Commissioners were legal. They founded their opinion on an sioners, will be barely sufficient. Five thousand dollars ordinance passed in 1797, which declared, required for Docks and Sewers may answer, and two “The said commissioners shall hire and employ a suf. hundred and eighty dollars for expenses of office is also ficient number of able-bodied men to watch and light wanted. Your Committee herewith present a bill pro- the city by night, at certain fixed monthly or other waviding for the deficiencies above stated, which they ges, and prescribe rules for their government, and dishope will meet the approbation of Councils.

miss them from office when they shall think proper." When the bill which acconipanied the report, came From this, he thought the Commissioners had a right before the Common Council, Mr. Page said he would to do as they had done. merely remark it was no unusual occurrence to pass bills Mr. Johnston said common sympathy and common at the latter part of a season, to supplly deficiencies in justice required that the men should be paid. A rcsappropriations. In one year, as he had found by refer- pectable magistrate of the city had given judgment in ence to the minutes, a bill had been passed to supply a their favour. Notwithstanding the phraseology of the deficiency of 40,000 dollars.

ordinance, it never was ihe intention to give the City Mr. Walmsley said he could explain the reason. In Commissioners the power to discharge watchmen withmaking arrangements for extending the pavements to out a cause. The present Council had come into power, the Schuylkill, it was found impossible to defray the ex- when party feelings were much excited, but he hoped pence out of the Tax Funds. It was, therefore, neces- that feeling had so much abated, that this claim would sary to resort to loans, to supply the deficiencies in the be allowed. appropriations.

Mr. Moss said that the ordinance gave the CommisMr. Linnard inquired if any of the monies belonging sioners power to discharge the watchmen, but not to to the sinking fund had been invested in the State 5 per discharge without pay. If a gentleman hired a servant cents,

for a week or a month and discharge him the next day, Mr. Oldenburgh replied that 32,000 dollars had been he was bound to pay his wages for the whole week of so invested.

for the month. The bill was then passed.

Mr. O'Neil said gentlemen seemed to wish to make Mr. Bladen presented the following:

an impression that the wages of these men had been The Joint Committee on Markets report

refused them. But the wages for the time they had That they deem it advisable to have moveable stalls served had been tendered them. The ordinance dierected under the arches adjoining the Court House,corrected them to be paid monthly wages: but there was ner of Second and Market, and report an ordinance to no contact either expressed or implied that they should that efect.

be employed by the month. If we go back a few years A further supplement to an ordinance for the regula. we will find that other instances have occurred of watchtion of the Markets in High and Second streets. men being discharged without a cause being assigned.

Sec. 1. Be it enacted by the Citizens of Philadel- Mr. O'Neill cared nothing for the decision of the magisphia in Select and Common Councils assembled, That trate. He thought himself as able as any migistrate to the City Commissioners be and they are hereby requi- construe the ordinance. red to have erected, two moveable stalls in Market street Mr. Page thought the explanation given by Mr. under the arches at the east end of said market house, O'Neill was very satisfactory. As far as sympathy or adjoining the old Court House near Second street, one justice should go, he would go as far as any man; but stall on each side, to be three feet six inches wide—the this was a question of right. Had the Commissioners said stalls to be rented to and used and occupied by the the power to discharge the watchmen? It is clear they venders of meat only.

had from the ordinance. Whether they exercised it It was passed by the Common Council, but it was not judiciously or not is another question. In what condiacted upon by the Select Council, for want of time. tion would the city be, if this power of dismissing the

The following resolution was proposed by the Select watchmen was not possessed by the City CommissionCouncil; but laid on the table by the Common Coun- ers? The watchmen, therefore, although they were cil.

paid their wages monthly, were not hired by the month. Resolved by the Select and Common Councils, That But was the conduct of the discharged watchmen rethe committee on the State House and Independence spectful to the City? Instead of memoralizing Coun. Square be instructed to adopt such measures as may be cils, they instituted a suit against the corporation. The necessary to prevent persons entering the Steeple of rule is, if you go to law, you must take what the law

1829.]

UNIVERSITY OF PENNSYLVANIA.

gives. The decision of the magistrate was of little moment. Judgments of magistrates are oftener reversed than sustained by Courts of Justice.

Mr. Maitland could see nothing inconsistent with the ordinance in paying the watchmen their demand. The question was then taken on Mr.Johnson's motion to adopt the resolution of the Select Council, and decided in the negative.

Ayes. -Messrs, Graff, Horner, Johnson, Maitland, Mass, Walmsley.

Nuys.-Messrs. Baker, Bladen, Cave, Cook, Corryell, Linnard, Oldenburgh, O'Neill, Page, Scott, Snyder, Wainwright.

185

professor of
The entire services of
rhetoric, and be made acquainted with Grecian and Ro-
man antiquities.
high attainments, are devoted to perfecting the students
in their English education, which is deemed to be an ob-
ject of primary importance.

The Sophomore Year will be employed in studying the elements of natural philosophy and chemistry-history, geography-ancient and modern, and the elements of criticism, rhetoric, elocution and English composition, the advanced branches of mathematics. In the classics-this class will read Cicero, Horace, Terence, Græca Majora and Homer's Iliad.

Instructors eminently qualified for teaching the French, Spanish and German languages, are attached to the University.

The Junior Class, will read the Art of Poetry,Juvenal, Perseus, Livy and Græca Majora. They will be instructed in logic, moral philosophy, English composition and forensic discussions, natural philosophy and UNIVERSITY OF PENNSYLVANIA. When the Trustees of the University of Pennsylvania chemistry, the use of the globes and the construction of ré-organized the Collegiate department and obtained maps and charts; higher algebra, analyctical geometry, for it professors of high and established reputation for including conic sections; differential calculus (fluxions.) The Senior Class will read Longinus, Tacitus-and relearning and ability, they entertained a confident belief that it would deserve and receive the patronage of the view or complete the former authors in Greek and LaIn mathematics, integral calculus, analytical dynapublic, and flourish with renewed vigor and usefulness. tin. They were, nevertheless, aware that the experiment, mics, with the application of physical astronomy-ashowever promising, might fail, and, therefore, thought tronomy, courses of natural philosophy and chemistry, it better to wait for the fulfilment of their hopes, before the evidences of natural and revealed religion, metaphythey attempted to impart their confidence to their fel-sics, natural and political law, elocution, composition low citizens. Twelve months have elapsed since the and forensic discussions. new arrangement was put into operation, and the Trustees feel it to be their duty to communicate to the pubfic, in a responsible shape, the result of their undertaking. To enable them to do this with satisfaction, their committees have given a strict attention to the repeated examinations that have been applied to the several classes in the College, conducted with an impartiality of which none could complain, and a rigour which precluFrom such information ded all possibility of delusion. and periodical reports of the faculty, the Trustees are warranted in thus expressing their full approbation of the faithfulness and diligencce of both the teachers and pupils; their entire satisfaction with the condition of the College; and their increased confidence in its future In the classics, nothing connectand brilliant success. ed with a thorough and critical knowledge of the languages has been neglected, but an exactness of instruction was exhibited by the students which could have been attained only by the highest ability and care on the part of the professors, and a corresponding diligence in the pupils. In the several branches of Mathematics, the same readiness and precision were manifested, bespeaking a clear and intimate understanding of the subjects. In the studies under the direction of the Provest, of the Professor of Natural Philosophy and Chemistry, and of the Assistant Professor of Moral Philosophy, the most decisive evidence was afforded of the excellence of their Instruction and the fullness of their knowledge; of the ability, fidelity and zeal of the Professors, as well as of the general industry and good conduct of the young gentlemen. The Trustees have no hesitation in saying to the public, that such is the vigilance with which the capacity and diligence of every student is observed, and his progress examined, that his parents may be assured that he is altogether deserving of the class he is associated with, of the rank he holds in it, and of the advancement he makes, or he would not be suffered to retan the one or receive the other.

iA short view of the studies pursued at the college, will show the education to be obtained there, and fully justify the declaration of the Provost, that "it is an institution as broad in its principles, and as comprehensive in its course of instruction, as any college within our common country."

In addition to the usual classical and mathematical studies of the Freshman Class, they will receive instruction for completing their English education, by grammar lessons, and by critical readings in prose or in poetry: their knowledge of geography will be strengthened and enlarged, they will be exercised in composition and VOL. IV. 24

The internal police and government of the College is a subject on which parents and pupils will naturally be anxious to be informed; and is one of no small difficulty, if we may judge from the disturbances which have so The opinions and frequently broken the peace, and interrupted the studies, of our seminaries of learning. principles of the Provost, as delivered in his inaugural address, are entirely adopted by the Trustees, and will be given in his own language-"The discipline of a College is the most difficult, and, at the same time, the most material part of its economy. The youth of our charge, while they strenuously assert the claim to be To curb the volatility of youth with treated as men, are apt, very of en, to conduct themselves like boys. the rein of decision and judgment; to induce the student to respect others, by making him respect himself; to destroy the temptation to folly by a full occupation of the time; to combine in our intercourse with the young men the firmness of the governor and the dignity of the teacher, with the affability of the associate and the interThe cords of est of a friend;-these are the principles of that govern ment which it is proposed to establish. discipline will be tightened. A close adherence to the rules of the College in respect to diligence, attention, and deportment, will be exacted from every individual; and exacted, too, not from the mere desire of rigor, but from a much higher principle-from the conscientious conviction that we owe it to the young men themselves; to the parents and guardians who shall entrust them to our care, and to the character of the University, to pursue, in regard to these points, a temperate but decided and undeviating course."

The system of discipline, here promised, has been firmly and faithfully adhered to, and its good effects da'ly manifested. There has been but little cause of comWhile the plaint in the conduct of any of the students, and no serious infraction of laws of the institution. high and honorable feelings of the young gentlemen are appealed to for their good behaviour, and they are induced "to respect others by making them respect themselves," and severer remedies are at hand when these shall fail; while they are provoked to disorder by no unjust or unreasonable irritation, and tempted to it by no prospect of advantage, or desirable distinction, the trustees are convinced the College has nothing to fear from individual turbulence or dangerous combinations among the students.

(SEPTEMBER

next summer.

The location of this University certainly offers impor- fendant offered to enter bail for an appeal, which the tant benefits, not only to the inhabitants of our city, but Alderman declined taking on the ground of indisposialso to parents who may find it necessary to send their tion, and directed him to call the following week. The children from home for education. The regular habits defendant accordingly called with his bail, when the and manners of this community; the refinement of its Alderman being still indisposed again directed bim society; the public libraries, museums and academies; to call in a few days, which he did, when bail was enand abundant and accessible means of obtaining informa- tered; not as the defendant desired, for an appeal, but tion upon every subject of human knowledge and inter- as appears from the transcript, for stay of execution. est; the excellence of the teachers in all the modern when the bail was entered, the Alderman said he had languages and the ornamental departments of education, not time to make out a transcript, and directed him to present inducements of the highest character to select call for it at another time. The defendant called for the it as a place of education in its largest and best sense. transcript three times subsequently, and when he re

With a view to a more perfect supervision and regu- ceived it, he carried it to the Prothonotary's office, who lation of the deportment of students from abroad, as well refused to file it as an appeal, the recognizance not beas from a careful regard for their health and comfort, it ing for an appeal, and being entered into more than 20 is contemplated to establish or select for them, good days after the rendition of judgment. Other circumboarding houses, which shall be under the inspection of stances are stated in the affidavit filed, but these are all the Provost, who will occasionally look to the habits 1 deem material to refer to. No counter affidavits were and conduct of the young men, and take care that full produced, nor do I understand the facts set forth in the justice be done to them in their treatment and accom- plaintiff's affidavit to be disputed or denied. modation.

Under these circumstances the defendant asks perThe building heretofore occupied by the College, af- mission to file his appeal and enter into the recognizance ter a careful examination, aided by the Faculty and the required by law, nunc pro tunc. The right of the Court best architectural information that could be obtained, to give the defendant the relief prayed for, is denied, was found to be wholly unsuitable for the purposes of and whether the court possesses the power to grant this such an institution, and incapable of affording the ac- relief is the question involved in this decision. commodations that are indispensable. Nor could this The right of appeal, by which a trial by jury is given, be effected by any alterations in this building; which, is a great constitutional right, securing a precious privafter great expenditures, would leave us an imperfect, ilege to the citizen, and one, of which, on principle he inconvenient and insufficient edifice. It was, therefore, ought not to be deprived by the wilful or accidental after mature deliberation, determined to erect a new omission of a Justice of the Peace, if after he is ready building corresponding externally with that erected for and willing to comply with all the legal prerequisitesto the medical school. The new building is in rapid pro- such an appeal, he is to enjoy it or otherwise, according gress, and will be ready to receive the classes in this to the caprice or inability of the justice to do what the

In the meantime the duties of the Semi-law directs him, in order to perfect this right, then the nary are performed in the old College in Fourth street. right is subject to a contigency that neither the law nor

The trustees are highly gratified to witness that the the principles of rational liberty, regulated by law, conrenovation of the institution is already perceived and ac- template or would justify. It is true that in such a case knowledged by the public, whose returning confidence he may seek his remedy against the defaulting magisto it is manifested by an increase of the number of pupils trate, but such a remedy would often be found so illusory greater than was anticipated by the most sanguine at so and vexatious, that many would rather subunit to a wrong early a period, and by the cheering voice of approbation than seek a remedy through all the expense and tail of and encouragement which reach them from every quar- prolonged litigation. A simpler and more direct course ter. Complete success is no longer considered to be of doing justice by the appellate jurisdiction, would be doubtful; and the University of Pennsylvania will again to do that themselves, which ought to have been done stand eminent among the seminaries of learning of the by the inferior tribunal, and thus place the party in the United States. The legislature of the state will be grati. position secured to him by the constitution and laws of fied to see the funds bestowed upon this venerable in the country. All inducement to trifle with or practice stitution employed in diffusing knowledge and virtue upon the ignorant and the unwary would then be re. among her citizens; in forming great and enlightened moved, and the certainty that revision could not be amen, and shedding honor on its patrons, and Philadel. voided by any species of management, would render inphia will be proud to be the seat of so much usefulness. ferior tribunals more careful, that their judgments should Philadelphia, Sept. 11, 1829.

bear the test of subsequent scrutiny. Wm. White, N. Biddle,

The right of the court to receive the Bail now, which Edw. Burd, Ch. Chauncey,

ought to have been taken in due time by the magistrate, W. Rawle, Jos. Hopkinson,

and by placing the appeal on the record of the term James Gibson, J. R. Ingersoll,

when it would have taken rank, had the justice complied Hor. Binney, Philip F. Mayer,

with the obligations of the law, rests not only on the W. Meredith, Philip H. Nicklin,

general principles of justice and right, but is maintainaBenjamin Chew, Henry U. Onderdonk,

ble from express and solemn adjudication of this court, Robert Waln, Robert Walsh, Jr.

In the case of Paulin vs. Peters on Common Pleas, John Sergeant, John C. Lowber,

December term, 1821, No. 158, the bail for an appeal T. Cadwalader, Tho. H. Skinner,

was entered on the 28th of September 1821, and the Peter S. Duponceau, James C. Biddle, Secretary appeal was not filed until the 21st of the ensuing DeZaccheus Collins, and Treasurer.

cember; of course long after the first day of the next The Rev. Dr. James P. Wilson and Benjamin R. term, after entering the appeal, which was the period Morgan, Esq. trustees, whose names are not among satisfied that the delay arose from the default of the jus

designated by law for filing it. Yet this Court being those subscribed to the address, are absent from the city. tice in not furnishing the transcript in due season, sus, LAW CASE.

tained the appeal. There is too much liberality and

good sense in this decision of my predecessor, to induce RIGHT OF APPEAL.

me to give my voice against the stare decisis" in the
Lauderbach
Decided Feb. 24, 1829.

case before us.
Boyd.
Common Pleas.

The authority of this Court to perfect a defective ap

peal, is expressly recognized in the case of Cochran vs. King, President.-- In this case the Alderman rendered Barker, 6. Serg and Rawle 549. There a Justice judgment for the plaintiff, and on the same day the del of the Peace having taken an informal recognizance,

}

EXPERIMENTS ON FUEL.

187

the court of Common Pleas of Dauphin county, granted a rule on the Justice to amend and perfect his return, in consequence of which, a subsequent amended In November 1823, a series of very interesting expetranscript was filed. The Court in that part of their o- riments on fuel were commenced in this city by Marpinion which refers to the regularity of this second recus Bull, and pursued with great zeal for several years. turn, say "the Justice from the entry on his docket of" bail in appeal according to law; "might on the rule of On the 7th of April 1826, the result of the whole was Court have made up and returned a recognizance in form." communicated in a memoir to the American PhilosophiOn another part of the same cause on which the Court cal Society-which in 1827, was published in a neat octake occasion to comment on the importance of the right tavo volume.-to which we refer those who wish for of trial by jury, principles are discussed which cover the whole ground of the case before us, and which be- information respecting the mode and apparatus adoptside the force of authority have sound sense and sounded in making the experiments, which are there describ. logic to recommend them. "The right of trial by jury, ed with great minuteness, and discover much ingenuity so much prized by all who enjoy the blessings of the common law is guaranteed by the constitution of the and great patience-Our object is to lay before our readUnited States and of this State. However in its modi-ers only such facts, and general results as will, we befications it may be within the sphere of legislative enactments, to abrogate it transcends legislative powers. Appeals are therefore highly favored: and when a party does all in his power, and all the law requires of him, it would be unjust to deprive him of it; from the mere inaccuracy or slip of the justice: and if he made it out in proof that he had entered into the stipulation prescribed to restore this precious privilege and great constitutional right, though the entry of it by the Justice in his docket was incomplete, or the Justice may have omitted to make an entry of it, either by accident or from ignorance or design; I think a Court would long hesitate before they come to the conclusion that the party had lost the benefit of his appeal and juby trial." Cochran vs. Barker, 6, S. and R. 551. The case supposed, Judge Duncan, has occurred; and surely we ought not to hesitate in applying the remedy he plainly considers in our power.

The Court therefore order the rule in this cause to be made absolute, and direct the appeal of the defendant to be filed on his entering into recognizance in this Court with surety to prosecute it with effect.

METEOROLOGICAL REGISTER,

KEPT IN CHILISQUAQUE, BY J. P.
SANDERSON.

lieve, be useful and interesting respecting one of the most necessary articles in every family, and which at this season engages the attention of every house-keeper. In the preliminary remarks, he makes the following statement respecting the quantities of fuel required for the consumption of the city.

See page-VI. VII. and VIII.

"I have recently ascertained with as much accuracy as was practicable, the quantity and value of the different kinds of fuel, already brought to Philadelphia, to supply its consumption in domestic economy, and for all other purposes, from March, 1826, to March, 1827. The quantity of wood was ascertained from the official returns made to the City Treasurer, by the corders, upon the public landings, and also from the private accounts and estimates of the corders upon all the other landings in the City and Liberties. The quantity of foreign coal was obtained from the Custom House books, and that of the remaining coals, from the most authentic sources within my reach.

D. C.

Estimate of Wood and Coals, required for the consumption of Philadelphia, from March, 1826, to March, 1827. 140,150 cords of Wood, average price 4 50 630,675 |Thermometer Atmosp. Variations. 25,545 tons Lehigh & Schuylkill coal at 7 00 178,815 320,000 bushels of Pine Charcoal 95,000 do. of Richmond Coal 30,465 do. of Liverpool Coal

9 12 3

912 3

A.M.

P. M.

Cloudy Cloudy

10 32,000 30 $28,500 33 10,053,45

$880,043,45

1 29 5 29 5 29 5 71 75 78

2