We Christina &c make known by these presents. — Our dear Mr. Henry Hochhanmer and others interested and in company with him, having humbly represented that by means of the grant and privilege which we granted them, they had the intention of establishing a new colony in the country of new Sweden; after having maturely weighed the circumstances of this affair, not only we approve their design but also we wish to second it and in order to facilitate its execution we grant them special concessions and the following privileges: 1st. We concede by these presents, and grant to them permission to cause to depart from Holland at their expense, under our royal protection and in our name, two or three vessels with men, cattle and other things necessary, which from the commencement they have designed to transport from thence, for the purpose of landing them below Fort Christina, on the north side of South River and there to take by their agents as well of this side of the river as of the other, as much land as is necessary for their project, to put the lands under actual cultivation in the space of ten years, in such man; ner however that they shall limit their possessions at least to four or five German miles from Fort Christina. 2d. But if the country which at first they shall have chosen does not suit them, they may without any obstacle choose another; which nevertheless shall only be done with our express consent or that of our Governor in that country, to the end, that no person receive damage by it.

Sd. The possession of all that they may thus occupy by virtue of the first or second articles, shall be guaranteed to them by our royal authority and never shall any thing be taken from them by us, either from them or their descendants.

4th. All within their district, besides the fruit of the surface, minerals, rivers, springs, as well as the woods and forests, the fish, the chase, even that of the birds, the establishments upon the water, the wind mills and every other advantage and utility which they find established | or may be established, shall remain for ever to them and their descendants as allodial and hereditary property, & they shall only pay to us and to our successors, as an ac knowledgment of our sovereignty per annum three florins of the empire for each family established upon their territory.

5th. We grant in like manner to them the right of exercising in their district high and low justice, of founding there cities and villages and communities, with a certain police, statutes and ordinances, to appoint magistrates and officers, to take the title and arms of their said colony or province; it being understood that they and their descendants shall receive of us and our successors that jurisdiction and those royal rights as an hereditary fief; and that they must conform themselves in this case to all which concerns the ordinary justice of fiefs.

6th. As in all we reserve for us and our successors to the throne, sovereignty, and what depends upon it; and especially appeals to us and our governors established by us, our will is, that the statutes and ordinances, which they intend to establish, should be communicated to our said governor and presented for his approbation and confirmation, in order to discuss and execute with him all which may most contribute to the advantage and welfare of the whole country.

7th. As regards Religion we are willing to permit that, besides the Augsburg Confession, the exercise of the pretended reformed religion may be established and

observed in that country: in such manner however that those who profess the one or the other religion, live in peace, abstaining from every useless dispute, from all scandal and from all abuse. The patrons of this colony shall be obliged to support at all times, as many minis. ters and schoolmasters, as the number of inhabitants shall seem to require; and to choose moreover for this pur pose, persons who have at heart the conversion of the pagan inhabitants to christianity.

8th. It is also granted to the patrons to establish in this colony all sorts of industry and manufacture, to engage in all commerce and trade in the country and out of it, as also to go with their vessels and carry on trade with all the coast of the West Indies and Africa, belong. ing to potentates with whom we are not at war, as well as in the rivers and bays which belong to them; not othcrwise nevertheless than with vessels and yachts which have been built in New Sweden-and our desire is for the advantage of their expeditions to lend them all the assistance which depends upon us.

9th. For all the merchandize which they shall cause to be transported from New Sweden into the countries of Europe, the depot shali be Gottenburg. It shall not however be required of the merchants to pass the sound, if they wish to go to some other part of our kingdom.— As to foreign ports which do not depend upon the crown of Sweden, it shall not be permitted to them to enter, except in case of absolute necessity; and in this case, they shall be no less required to repair to Gottenburg afterwards, there to shew the reasons which compelled them to enter a foreign port, to pay duty on the merchandize which they shall have sold elsewhere, and to equip their vessels anew; and we wish that all shall conduct themselves in such a manner that there accrue no damage to the revenue heretofore granted and made to the commercial Company of New England to which they must conform themselves.

10th. We exempt also by these presents the said patrons and the colonies subject to them for ten successive years, from all impost, duty, excise, and erery other contribution and charge, whether real or per sonal, of whatever name. They shall only pay as is mentioned in the 4th article, the three florins, on the goods and merchandize which shall be transported into our states; and if these goods and merchandize are again exported, they shall be then free from the duties of the custom-house usual in the kingdom; at the same time they shall enjoy all the privileges which we grant to our other subjects.

11th. At the end of ten years all that has been de creed by the preceding article with respect to the customs of our kingdom shall remain in force, and at the same time they shall pay in New Sweden 5 per cent. on all goods which shall enter there or carry away & as the expense for the wages of officers necessary in the coun try, for the support of fortresses and other indispensable fortifications must be derived from the Customs; they cannot refuse to assist for that object by other contributions, according to the necessity as the time and circumstances shall require, to the end that we may have greater reason to secure to them and their posterity tranquillity and safety.

12th. We desire beside that they shall take special care that it shall not be permitted to any person of the colony to take either man or woman, domestic or servant from the service to which they are bound to their master, nor to take into their service any person who before the time fixed by his engagement has of his own authority, left his service without express permission of his former master, and on this point the Governcris specially authorized to support the master in his rights.

13th. We permit & grant by these presents to the under-written masters of vessels to send everywhere in the ocean for fish,their vessels built inNewSweden. It is also permitted to them to conduct and sell the fish which they shall have taken, not only to all quarters of the W. Indies, but also if convenient to them, to all places situra

ted on the streights of Gibraltar and upon the Mediterranean sea; upon condition, however, that the whole be first duly declared and registered by our agents, that the customs be paid, and that there be no fraud, and moreover that they observe exactly all that is directed in article 9 in respect to the depot of Gottenburg.

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1. Winding on bobbins-in French devider. (a) The raw silk is wound in this manner by means of a machine, called in French devidoir. A drawing of it is given in the manual published under the authority of the House of Representatives, plate III. fig. 1. But this drawing is old, and the machine has been since very much impro

2. Cleaning or purging-in French, purger. By this operation the raw silk is freed from the knots or lumps that still adhere to it, and acquires the necessary degree of evenness. It is performed by means of a machine called, in French, purgeoir. I have not seen a drawing nor a description of it in this country.

14th. In case any of the said patrons or their deved and simplified. scendants, happen hereafter to discover in the country above described, any minerals, precious stones, coral, chrystal, marble, a pearl fishery, occasion for making salt or other like things-those who discover them are at liberty to work them with consent of our governor; and he shall enjoy without any charge during ten years the whole produce of the discovery; after ten years have passed he shall in preference to all others be maintained and protected in said possession, with the obligation to pay to us per year a certain annual sum to be then determined.

15th. We take by these presents the said patrons and their Colony under own special protection, and we are disposed to defend them and protect them, at all times, and as much as in our power, against all attacks as well as to watch over their interests, and to procure by all means their well being as well as that of all our faithful subjects.

16th. On the contrary they will be held, they and their descendants not to be wanting in those things which, they owe us and if we shall have war with any king or republic to take as much to heart the interests of our faithful subjects as their own, to lend us their assistance and co-operate as much as time and circumstances will permit, for the preservation of our states, and of their own prosperity. We desire moreover that they and their posterity be always exempt from enrolments and from compulsory military service.

17th. We exempt in like manner the said inhabitants of New Sweden, as well as their posterity, from all confiscation of property; and we desire that fines, whatever may be the offence, do not amount to more than 100 florins of the Empire or 40 Rix Dollars; and we reserve to ourselves every other species of punishment according to the quality of the offence.

18th. And as the said patrons think of transporting into said country in a few years, a more considerable number of men and beasts, and several other things necessary for the cultivation of the earth, the construction of houses and the founding a city, they are permitted not only for once, but even several times, according to the nature of the articles, to transport them directly from Holland, each time, however with our knowledge and special permission, more particularly, as always the equipments were ordinarily made at Gottenburg. For more ample confirmation of all this, we have caused to be affixed to this letter our private seal, and we have ratified it by our proper signature and that of our respective guardians and administrators of the kingdom of Sweden. Done as above.

AMERICAN SILK.-No. 12. Thrown silk is nothing else than raw silk, which, after sundry preparatory operations, is twisted by means of a machine called the throwsting or twisting mill, in French le moulin a tordre, and is the celebrated machine which was introduced from Italy into France by M. Benay, as mentioned in No. 5, for which he was so splendidly rewarded. It might, therefore, by a more intellig ble ex pression, be called twisted silk.

The operations preparatory to twisting, or passing through the mill, are the following.

3. Doubling, by which two or more threads of raw silk are united together, according to the degree of thickness required. This is done by means of a machine called, in French, doubloir, of which there is a drawing in the manual, plate IV. fig. 1 and 2; but liable to the same objection as that before mentioned. 4. After these operations, the silk is put to the mill to be twisted, which is called throwsting. It comes out of the mill ready for the weaver's loom. Sewing silk, which, it will be recollected, is made out of the silk of imperfect cocoons, receives here its last finish. ́ The other qualities of silk; single, organzine and tram, may either be sold for exportation, under the name of thrown silk, or be immediately employed in manufactures at home. Silk thus prepared, is sometimes said to be organzined, the word organzine being then understood in a general sense, and comprehending tram and singles; as well as organzine proper.

There is a drawing in the manual, plate III. fig 2, which is said to have represented the throwsting mill, and to have been taken from a French Encyclopedia;— but it is not certainly the throwsting mill, as at present used; it seems rather to have been taken from another machine, called the tavelle, of which I shall speak presently.

Sewing silk and twist are of all silks those which require the most labor. The former must undergo three times and the latter six times the processes of winding, doubling and twisting. It is in this sense that I have said that sewing silk (in which I meant to include twist,) is the perfection of thrown silk.

The reader will here easily perceive the reason of the difference between the Connecticut sewing silk and that made in Europe, and he will be sensible that without the necessary machines, it is impossible to bring it to the requisite degree of perfection.

Of the other silks, tram silk alone requires to undergo these processes three times, organzine twice and singles only once.

Floss silk, which I have explained before to consist of the tow and coarse fibres of the silk extracted from the cocoons, and of the waste and refuse silk collected during the process of reeling, put together in a mass, then carded and spun on the common wheel; of which are made ribands, silk tapes, stockings, gloves, mittens, night caps, vestings, and all kinds of hosiery, may be cither sold as raw silk for exportation, or employed in the manufacture of coarse articles of the above description; but if it is meant to give to those articles any degree of fineness, the floss must undergo the same processes as other raw silk; it must be wound, cleaned, doubled and twisted in the tavelle, a machine made on the principle of the throwsting mill, but differently constructed, and of a much smaller size. Many comfortable articles might be manufactured in this country of this silk in its raw state; this branch of domestic industry might very well take the place of the sewing silk manufactures of the Connecticut ladies, and in them an agreeable and profitable employment; and it would prepare the American

(a.) Winding the silk from the cocoons, or reeling, is called in French, filer, to spin. Hence the word filature. These explanations are given to facilitate the reading of the French books on this subject.

a

weavers for making the finer articles, when the manu-Froment ruined himself entirely; to what sum his loss facture of thrown silk shall have been introduced into extended, I do not know; but it is a notorious fact in this country

consideration of the sacrifices that he made, his family At that period sewing silk will be a regular article of still enjoy a pension from the French Government, American manufacture; then ribands and fine hosiery of which is to be continued until the extinction of the all descriptions will be the first things that will be at male line. There are similar examples at Lyons, but I tempted; after which the finer manufactures of stuffs do not know the particulars. made of singles, organzine and tram will follow in suc- The state of Connecticut, by beginuing at the wrong cession. It will be necessary at that time to acquire the end, and making sewing silk, which cannot find a price art of dyeing in the delicate colours which silk manufac- in the money market, before she had learned even to tures require; and it is proper to observe, that the plain- prepare the raw material, has been seventy years follower colours are the most difficult to be obtained, as the ing the same course, without advancing a single step. more the colours are mixed, the less easily are defects She may proceed in the like manner for ages, mis-emin the dyeing to be perceived.

ploying the gifts of Providence, and will meet with no Thus the American nation will, by gradual but sure better success. Every attempt to manufacture silk that steps, reach the desirable point to which her whole am- will not be begun on right principles, will only retard bition should be directed, that in which her own native the period when America will be in the full enjoyment silk, that precious gift which a kind Providence has be- of the blessings which nature has prepared for her. stowed upon her of such excellence and with such extreme profusion, will fill the land with riches, and make

No. XIII. America what France now is a country that no reverses I wave, at last, reached the end of the course which I can put down, and that even conquest and the devasta- proposed to myself in writing these essays. At first, I tion of hostile armies, cannot impoverish. Whatever had nothing in view but to communicate to the Amer. fate fortune may have in reserve for me, it will be to me ican public the interesting discovery, which it was my a proud source of happiness to have, by these communi- good fortune to make, and to prove by actual experications, in the least contributed to the lasting prosperi- ments, the great superiority of the American silk, in ty of a country which I have been early taught to vene- quality, as well as quantity, over that of Europe; rate and cherish as the cradle of liberal principles, the which was afterwards followed by that of the hardly less source of all that is dear to mankind.

important fact, that the cocoons produced by worms fed Some of my zealous friends have often told me, "Be on the leaves of the wild American native mulberry tree, ware of the Americans! they are a shrewd, intelligent, do not yield to others in the beauty of their silk, and ingenious and inquisitive people. Don't tell them too only differ from them by the greater quantity of floss much, or ihey will find out your secrets." Alas! I have that they contain. Urged, however, by ibe solicitation no secrets; I am only in possession of an art, which I of some patriotic friends, and particularly of the gentlewould freely, if I could, communicate to every man, wo man to whom I am indebted for aid in the composition man and child, in America. Ask the skillful harmonists, of these essays, I was induced to combat the erroneous Hupfeld, Segura, and De Konnick-ask the charming opinion that appeared generally to prevail, that the manvocalist Madame D’Orval, what their secret is? They facturing of sewing silk was a principal, if not the princimay execute before you the master pieces of their art; pal object to be pursued in the employment of the A: you see the motions of their hands, you hear the sounds merican material; an error which, if persevered in, would of their voices—but without study and practice, it is in have led to the ruin of thousands; and I have endeavour. vain to attempt to imitate them, though nature had gifted to show, with what success the reader best can tell, ed you with the soul of an Orpheus. It is the same with that the first thing to be attended to was the preparing the various arts of preparing and manufactuaing silk- of raw silk for sale, by which, I think I have proved their secret lives in practice. Ingenuity, it is true, first that great profits are to be made, in anticipation of the discovered these processes; but it required centuries greater advantages that will accrue to this country, before they were brought to their present state of per- from the compleie establishment of silk manufactories, 'fection. A striking example of this is at hand.

which time and experience cannot fail to produce. I In the manual above frequently quoted, (page 141) it could say a great deal more on this subjec of raw silk.is related as an astonishing fact, that a woman at Novi, I could heap proofs upon proofs to convince the most in Piedmont, reeled one pound of silk in a day. There incredulous of the great profits to be derived from it; is no doubt of the fact; but the manual does not say,that but I must take care, least by saying too much, I should that happened upwards of forty years ago, as appears become tedious. I shall content myself with asserting from the book to which a note refers. Now, in conse- that, while in France, I have seen letters from silk merquence of successive improvements, a woman, as I said chants, in which they say to their correspondents in before, (No. 10.) may reel off three pounds of raw silk Piedmont-"Send us fine (raw) silk; never mind fire in one day, that is to say in 12 working hours. Thus the francs (one dollar) per pound, more or less: but send us art has been gradually advancing, since Colbert, who fine silk." I think I am not too sanguine, when I give was himself skilled in manufactures, (l) by the encour. it as my opinion, that the beautiful silk of the United agement which he gave to Benay, who first imported States, when properly prepated, will be sought for witb the throwsting mill into France from Italy, laid the foun- avidity by the merchants and manufactorers of Europe, dation of the great riches which his country has derived and that America will sell, at her own prices, as much from the silk trade. Before that time immense fortunes of it as she can make, had been sunk in the vain attempt to establish in that The reader will perceive that, in these essays, Phare kingdom the silk manufactures which Italy then exclu- not been satisfied with mere assertions, and that I have sively possessed. At Niines, the place of my birth, tra- proved, as I went along, the principal points that I have diticn las preserved the memory of millions lost in that ventured to make. In order to be the better understood manner, by the ancestors of some of the most respecta- in a matter almost entirely technical, I have drawn, with ble families, who still love to speak of the folly of their all the clearness and precision in my power, as it were, forefathers. (c)

the chart of the silk business, from the winding of the

silk from the cocoons, to the delivering it over to the (6) The celebrated Minister Colbert, was brought up weaver's loom. By this means, I have enabled all intelin the bouse of the Masçrannis-rich manufacturers of ligent men to judge of the numerous schemes that are Lyons, and was early imbued with their principles. Dic- brought forward from time to time, and to form a cor tionnaire des grands hommes, verba Colbert.

rect opiņion of the pretended inventions and improve. (c) M. de Villeroi sunk in this manner 1,800,000 ments with which the newspapers abound. Thus, we francs, and M. de Marguerites, one million. One M. lhcar of machines for winding silk from cocoons without 1829.)

AMERICAN SILK.

18t

handling it, which is absolutely impossible; for, if a single mere preparation of raw silk; that is also an art that rethread should break, what is to be done? We have heard quires experience and practice, and at every step beof others, by means of which silk can be reeled and yond it the same difficulties will again occur. it is idle twisted at the same time; doubling and twisting, or in to think of importing journeymen; or journey women; other words, that raw silk and thrown silk may be made for such are not to be had, and if they could, much adby one and the same operation: and in a late New York vantage could not be drawn from them, each knowing paper I find an improvement on the reel, which the in- only that part of the business wbich the division of laventor calls the mill of Languedoc, advertised for sale, bour has allotted to him. The manual labour, except while it is evident that it would be much better for the in passing through the throwsting mill, is all performed ingenious artist to obtain a patent for his discovery and by women, whom nothing could induce to lose sight of make his fortune by the preparation of raw silk. their parish church steeple; much less to emigrate to a

On all similar pretensions, these essays,by laying open distant country, of a language of which they are ignothe whole course of proceeding in the silk business, will rant. operate like Ithuriel's spear, and show them in their nat- We find from a publication which lately appeared in ural and proper shapes. I have no doubt, however, that the papers of this city, that even the women of Connecthe numerous machines employed in the different ticut, employed in the manufacture of sewing silk, could branches of the silk manufacture, are destined to re- not be induced to remove to Philadelphia; no, not a ceive great and material improvements in this country, single one of them; so that the gentlemen who wanted whose future Whitneys will distinguish themselves as to introduce here that branch of business, were forced, they have done in the cotton businesss; but every body as a pis aller, to send for a manufacturer from Europe, will understand, that he who will improve upon a ma- who, not being inclined to do journey work, the opporchine, must first learn how to use it.

tunity was lost. Much less will the women of Italy or In the same manner, the information that I have thus France abandon their country for a similar object; the taken the pains to diffuse will show the extent of what more ignorant they are, the more they will be acted upcan be done with American silk, by mere natural means on by the fear of unknown danger, nor will they be eaand without the aid of European silk and machinery.-- sily pursuaded to leave their husbands and children to' When we hear of vestings, silk stockings. gloves, mit- try their fortunes in the new world. As to the overtens, and thick solid stuffs, not very wide, made in this seers, or those who superintend the labours of the wocountry, or of silk sent to Europe and returned in the men, they are all well paid at home and are not inclinedform of those manufactured articles, we may sately be to emigrate. Besides, it is extremely rare to find a perlieve it, because we know that they may be made of floss son who knows more than one single branch of the silk silk, not wound on the reel but spun on the common business. The head manufacturers are in general betwheel, and a fortiori of the finest silk of the cocoons, if ter informed; but those are too independent to think of it should be thought proper to put it to that use. Bot if leaving their country. we should be told that satins or velvets, or even the As some persons may think that I exaggerate, I take lighter stuffs, which are yearly imported from Europe at the liberty of giving an extract of a letter from Mr.J.W. such an enormous expense, as taffeties, lustrings, gros Morse, a respectable American at Marseilles, to a gen. de Naples, levantines, and the like, or even ribands, silk tleman of this city, by wbich I believe my assertions will stockings, and other articles of hosiery and sewing silk, be found fully substantiated. The letter is dated Marequally finished here with those of England, Italy and seilles, 21st. March, 1829. France, and such as may be readily sold for money or “It is very difficult, indeed, to find a person who poson credit; in short, what may be called truly merchantable sesses a knowledge of the reeling and the different proand profitable commodities, every one who has read these cesses before being made into sewing silk, as it is done essays will be possessed of sufficient data to decide on by four or more persons, who have each their particular the correctness of the assertion, and will know that it is part, and who continue for ycars doing nothing else.impossible that such wonders can have been performed The women who reel do nothing but reel, and therefore without the assistance of the art, or--Aladdin's lamp. it is difficult to find a man who is acquainted with this

I have hitherto shown only the fair side of the pros- branch of the business. I have made application, thro' pects which America may expeet to realize, by means the medium of several respectable silk merchants here, of the silk which her country is calculated so abundant- at three of the manufacturing lowns of the neighborly to produce. I have now a less pleasant duty to per- hood, but without success. It appears it is not the first form; for I cannot avoid speaking of the difficulties ibat time that application has been made for the same ob. she will have to encounter before those expectations ject.” are in a fair way of being fulfilled. Those difficulties These are the difficulties which the United States have been experienced by all the manufacturing nations will have to overcome, before they carr introduce any of Europe, successively, and I can see no reason why kind of preparation of silk into this country. Nothing the United States should be exempted from them. The is so difficult as to obtain from Europe persons who are varios preparations of silk and the numerous forms in skilled in those branches of business. À circumstance which it is afterwards manufactured, from satins, velvet, which lately happened in this city, and to which I am brocades and gold and silver tissues, to ribands, stock not willing more particularly to allude. will not, I fear, ings, and gloves, are all arts of difficult acquisition, and be calculated to encourage such persons to come hithof which the nations who possess them are particular- er, even if they should be so dispused. No promise of ly jealous. We have seeri what immense sacrifices sov. a fortune, I believe, will henceforth be sufficient to inereigns have made to introduce those arts into their do- induce them to it. minions. We have seen with what pains and at what It is certain, however, that sooner or later, the United expense the Kings of France obtained the services of States are destined to be a rich silk growing and silk manMichaeli and Benay, the King of the Netherlands those ufacturing country. The fulfilment of this high destiny of Barramendy, the manufacturers of England those of may be retarded, but nothing can prevent its taking Despoulies, who only taught them the process of manu. place at some future time. facturing some particular kind of stuffs; we have seen The next number will conclude these essays. the immense sums that were sunk in France, when en- 7th. September, 1829. J. D'HOMÉRGUE. deavouring without assistance to find out a method only of preparing silk for the loom, which they never suc

PROCEEDINGS OF COUNCILS. ceeded in until the throw-string mill was brought in by The full report of the procedings of the Select Couna person skilled in the use of il; the samc difliculties still cil on the subject of the Watchman Cases, was not pubexist, and thcy must be conquered before the United lished at the time, in consequence of the papers conStates can think of enriching themselves, cycn by the taining the following not being accessible. It will be

а

seen that the resolution authorising payment was passed the month, and that previous to the appointment of the by the Select Council. The matter remains still unde-present City Commissioners, no watchman ever was dis termined in the Common Council. charged except for misconduct, and a violation of his contract with the city, and not even then until he had a fair hearing before the Commissioners.

SELECT COUNCIL, April 9th, 1829. The joint committee to whom was referred the memorial of the discharged watchmen, reported, that being divided in opinion, and unable to agree on any measure to be proposed for the adoption of councils-They of fered the following resolution:

Resolved, That the committee be discharged from the further consideration of the subject.

Your committee are therefore of opinion, that this unprecedented exercise of a despotic authority by the City Commissioners over individuals, against whom no breach of contract on their part has, or can be, alleged, calls for a most strict and severe examination by the Councils of Philadelphia, who, as the immediate repreWhen this report and resolution were under consider- sentatives of the freemen of this great city, are bound to ation, Mr. Read moved to postpone their further consid-protect the weakest and poorest of their constituents, eration, for the purpose of introducing the following re- against those servants of the corporation who may be port and resolution as a substitute:vested with a little brief authority by the ordinances, The Committee, to whom was referred the petition from which they derive their power, and their very exisof certain discharged watchmen,

REPORT,

That the present City Commissioners came into office on Monday, the 5th of January last, and that the seventeen individuals who have petitioned councils for redress, were then in the employment of the city, either as silent or loud watchmen, at certain fixed monthly wages, and had been so for several years-That on the 10th of the same month, (January) nine of them, viz.-John Bray, Thomas Elton, Philip Mingle, James Ireland, Nicholas Shultz, Levi Hopper, Eli Newman, Frederick Allbright, and Jonathan Dixey, who belonged to what is called the silent watch, were discharged by the City Commissioners, and on the 14th of the same month, the remaining eight, viz.: Samuel Barry, Samuel Nagle, Jefferson Johnson, Samuel Linton, John B. Cornean, Elisha Parker, Andrew Gilmore, and George Nagle, who belonged to the loud watch, were also discharged from the service of the city by the City Commissioners-That these discharges took place "without notice, without proof or allegation of misconduct," against any of these individuals, and so far as your committee are able to learn, simply on the ground, that the City Commissioners possessed the power, and were determined to exercise it at all hazards.

That the petitioners very properly tendered themselves ready to perform the duties of their respective stations, during the month for which they were hired,& at the same time notified the commissioners, that they should hold the corporation liable for their month's wages at the expiration of that period.

That after the expiration of the month of January, they applied to the City Commissioners for payment of their month's wages, but were refused; and that after a vain attempt on the part of the petitioners, to prevent costs, and a lengthened course of litigation, which they were ill able to bear, by offering to consolidate their suits into one, which should be instituted in the District Court for the city and county of Philadelphia, and by the decision of which all should be bound, without any appeal whatever, and which offer the City Commissioners rejected, they were finally obliged to institute, individually, seventeen suits against the corporation, before an Alderman of the city of Philadelphia-That each case was considered by itself, and contested by the City Commissioners, who were represented by the City Solicitor, and finally judgments were entered in all the suits in favour of the petitioners. In all these cases appeals to the Court of Common Pleas for the city and county of Philadelphia, have been entered on behalf of the city. A list of the judgments, with their respective amounts, and the costs in each case is attached to this report, by which it appears that the whole amount now due the petitioners, including the costs before the magistrate, and without calculating interest, is $384 173.

Such is the brief statement of the facts alleged by the petitioners, and not disputed or denied by any one.

Your committee, however, for the information of councils, will state in addition, that so far as their inquiries have extended, it has been the invariable practice of the City Commissioners to hire and pay the watchmen by

tence.

The City Commissioners have but one reply to the complaints of these petitioners, and that is, that by the 6th section of the ordinances of the 22d May, 1797, entitled "an ordinance providing for the appointment of City Commissioners and prescribing their duties," they are vested with full authority to discharge the watchmen, without any cause whatever, at any moment, and under any circumstances.

The 6th section, says, That the City Commissioners shall "hire and employ a sufficient number of able bodied men to light and watch the city by night, at certain fixed monthly or other wages, and prescribe rules for their government, and dismiss them from office when they shall think proper."

The Commissioners contend that the words "dismiss them from office when they shall think proper”-give them the power to do it at any moment, with impunity. Your committee cannot agree with them in this interpretation, particularly when connected with the uniform practice, under this section-the wording of the rules and regulations, prescribed by the City Commissioners for the government of the Watch, and the ordinances on similar subjects.

In all contracts for services by the month, if the person hired do fulfil his duty, and violate no part of his contract, the employer cannot discharge him until the end of the month, except upon the terms of paying him the full month's wages. The same rule undoubtedly exists, between the Corporation and its watchmen, who are hired by the month, and who can and ought only to be discharged during the period for misconduct. If this be the case, then the petitioners were illegally discharged before the expiration of the month, and the City are bound to pay for the despotic acts of individuals appointed under their authority.

But it may be asked, what do these words "dismiss," &c. mean. They mean simply this, that whenever the month, or the period for which they are hired is out, they may dismiss them, "if they shall think proper," or may do so if they should violate any part of their contract, during the time for which they are hired. If this be not the meaning of this section, then the words "cer tain fixed monthly" wages must be stricken out, for they have no meaning or efficacy if the other be the true construction. If they are hired by the day, they can be dismissed at the end of any one day, if by the month, they can be dismissed at the end of any one month, which construction fully satisfies the words, "when they shall think proper.”

This construction is fortified by practice, for no watchman ever was thus dismissed, without cause, and without a hearing, and the ordinance of the 3d March, 1814, authorising the appointment of certain additional watchmen, speaks only of monthly wages, showing that mode of hiring to be the settled practice of the city-which also appears from the rules and regulations for the gov ernment of the watch, both of the late and present Commissioners, which in speaking of fines, say "The annexed Fines for delinquency are to be deducted month|ly."