1829.) CONVENTION OF PENNSYLVANIA. 263 ARTICLE IV. States present, the 17th day of September, in the year Sect. 1. Full faith and credit shall be given in each of our Lord 1787, and of the Independence of the Ustate to the public acts, records and judicial proceed- nited States of America the 12th. In witness where. ings of every other state. And the Congress may by of we have hereunto subscribed our names. general laws prescribe the manner in which such acts, GEORGE WASHINGTON, PRESIDENT, records and proceedings shall be proved, and the effect And Deputy from Virginia. thereof. New Hampshire. Delaware. George Read, a'l privileges and immunities of citizens in the several Nicholas Gilman. Gunning Bedford, Jr. states. Massachusetts. John Dickinson, A person charged in any state with treason, felony, or Nathaniel Gorham, Richard Bassett, other crime, who shall Alee from justice, and be found Rufus King Jacob Broom. in another state, shall, on demand of the executive au- Connecticut. Maryland. thority of the state from which he fel, be delivered up,to William Samuel Johnson, James M'Henry, be removed to the state having jurisdiction of the crime. Roger Sherman. Daniel of St. Tho. Jenifer, No person held to service or labour in one state, under New-York. Daniel Carrol. the laws thereof, escaping into another, shall, in conse Alexander Harnilton. Virginia. quence of any law or regulation therein, be discharged New Jersey. Joi:n Blair, from such service or labor; but shall be delivered up on William Livingston, James Maddison, Jr. claim of the party to whom such service or labour may David Brearly, North-Caroliria. be due. William Patterson, William Blount, Sect. 3. New states may be admitted by the Congress Jonathan Dayton. Richard Dobbs Spaight, into this union; but no new state shall be formed or Pennsylvania. Hugh Williamson: erected within the jurisdiction of any other state; nor Benjamin Franklin, South-Carolina. any state be formed by the junction of two or more Thomas Miffin, John Rutledge, states, or parts of states, without the consent of the le- Robert Morris, Charles Coteswor th PinckJature of the states concerned, as well as of the Congress. George Clymer, Charles Pinckney: [ney, The Congress shall have power to dispose of and make Thomas Fitzsimons, Pierce Butler. all needful rules and regulations respecting the territory Jared Ingersoll, Georgia. or other property belonging to the U. States; and noth- James Wilson, William Few, ing in this constitution shall be so construed as to preju- Governeur Morris. Abraham Baldwin. dice any claims of the U.States,or of any particular state. ATTEST. William Jackson, Secretary. Sec. 4. The United States shall guarantee to every state in this union a Republican form of government, RATIFICATION. and shall protect each of them against invasion; and on IN THE NAME OF THE PEOPLE OF PENNSYLVANIA. application of the legislature, or of the executive (when the legislature cannot be convened) against domestic vi- the People of the Commonwealth of Pennsylvania, in Gen Be it Known unto all Men,- That We, the Delegales of olence. ARTICLE V. The Congress, whenever two thirds of both houses eral Convention assembled, have assented to and ratified, shall deem it necessary, shall propose amendments to and by these presents do, in the name and by the authori? this constitution, or, on the application of the legisla- ty of the same. People, and for ourselvcs, assent to and rattures of two-thirds of the several states, shall call a con ify the foregoing Constitution for the UNITED STATES of AMERICA. vention for proposing amendments, which, in either case, Done in Convention, the 12th day of December, in the shall be valid to all intents and purposes, as part of this year 1787, and of the Independence of the United constitution, when ratified by the legislatures of three States of America, the 12th. In witness whereof, we fourths of the several states, or by conventions in three have hereunto subscribed our Names. fourths thereof, as the one or the other mode of ratifica FREDERICK A. MUHLENBERG, Prest, tion may be proposed by the Congress: Provided, that George Latimer, Jobn Hubley, no amendment which may be made prior to the year Benjamin Rush, Jasper Yeates, one thousand eight hundred & eight shall in any manner Hilary Baker, Henry Slagle, affect the first and fourth clauses in the ninth section of James Wilson, Thomas Campbell, the first article; and that no state, without its consent, Thomas M'Kean, Thomas Hartley, shall be deprived of its equál suffrage in the Senate. William M.Pherson, David Grier, Jobn Hunn, John Black, All debts contracted and engagements entered into, George Gray, Benjamin Pedan, before the alloption of this constitution, shall be as valid Samuel Ashmead, John Arndt, against the United States under this constitution, as un Enoch Edwards, Stephen Balliott, der the confederation, Henry Wynkoop, Joseph Horsefield, This constitution, and the laws of the U. States which John Barclay, David Desbler, shall be made in pursuance thereof, and all treaties Thomas Yardley, William Wilson, made, or which shall be made, under the authority of Abraham Stout, John Boyd, the United States, shall be the supreme law of the land, Thomas Bull, Thomas Scott, and the judges in every state shall be bound thereby, Anthony Wayne, John Nevill, any thing in the constitution or laws of any state to the William Gibbons, John Allison, contrary notwithstanding. Richard Downing, Jonathan Roberts, The Senators and Representatives before mentioned, Thomas Cheney, John Richards, and the members of the several state legislatures, and all John Hannum, James Morris, executive and judicial officers, both of the U.States and Stephen Chambers, Timothy Pickering, of the several States, shall be bound, by oath or affirma Robert Coleman, Benjamin Elliott. tion, to support this constitution; but no religious test Sebastian Graff, shall ever be required as a qualification to any office or Attest. JAMES CAMPBELL, Secretary. public trust under the United States. ARTICLE VII. Friday, Dec. 14, 1787. A. M. The raiification of the conventions of nine states shall It was moved by Mr.Wilson & seconded by Mr.Baker, be sufficient for the establishment of this constitution be- “That when the Constitution, proposed by the late tween the states so ratifying the same. General Convention, shall have been organized, this DONE in Convention, by the unanimous consent of the commonwealth will cede to the Congress the jurisdic. The committee agreed on, consists of Mr. Wilson, Mr. M'Pherson, Mr. Gray, Mr. Wynkoop, Mr. Coleman, Mr. Wayne, Mr. Grier, Mr. Morris, and Mr. Pickering. On motion of Mr. Gray, seconded by Mr. M'Pherson, The petitions relative to the cession of a district to the Congress, for the scat of the General Government, were read a second time, & referred to the above committee. Ordered, that Mr. Baker, Mr. Balliott and Mr. Hoge be a committee of accounts, that they ascertain the mileage of each member, and such other expenses as are to be provided for by this Convention. Saturday, Dec. 15, 1787. A.M. The committee appointed to consider the motion of Mr. Wilson, relative to a cession to the United States of a district for the seat of the Federal Government, report the following resolution, "That when the constitution, proposed by the late General Convention, shall have been organized, this commonwealth will cede to the Congress of the United States the jurisdiction over any place in Pennsylvania, not exceeding ten miles square, which with the consent of the inhabitants, the Congress may choose, for the seat of the government of the United States, excepting only the city of Philadelphia, the district of Southwark, and that part of the Northern Liberties included within a line running parallel with Vine street, at the distance of one mile northward thereof, from the river Schuyl kill to the southern side of the main branch of Cohokshink creek, thence down the said creek to its junction with the river Delaware; but the marsh land, and so much of the adjoining bank on the same side of the said creek as shall be necessary for the erecting any dams, or works to command the water thereof, are excluded from this exception." On the question being put, the Yeas and Nays were called by Mr. M'Kean and Mr. Whitehill, and were as follow. ker, James Wilson, Thomas M'Kean, William M'Pherson, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, Henry Wynkoop, John Barclay, Thomas Yardley, Abraham Stout, Thomas Bull, Anthony Wayne,' William Gibbons, Richard Downing, Thomas Cheney John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley, Jasper Yeates, Henry Slagle, Thomas Campbell, Thomas Hartley, David Grier, John Black, Benjamin Pedan, John Harris, Nicholas Lutz, John Arndt, Stephen Balliott, Joseph Horsfield, David Deshler, Joseph Powell, William Wilson, John Boyd, John Nevill, John Allison, Jonathan Roberts, John Richards, Frederick A.Muhlenberg, James Morris, Timothy Pickering, Benjamin Elliott. Nays-John Reynolds, Robert Whitehill, John Ludwig, John Bishop, James Martin, John Baird, James Edgar, Nathaniel Breading, John Smilie, Richard Bard, Adam Orth. So it was carried in the affirmative. On motion of Mr. Chambers, seconded by Mr. Wayne, Resolved, That the President be directed to transmit to his Excellency the President of Congress, by the Secretary, the constitution as ratified by this convention, together with the resolution respecting the cession of territory and the temporary residence of the Honorable the Congress of the United States. On motion of Mr. Hartley,seconded by Mr.Chambers, Resolved, That three thousand copies of the Federal Constitution, and the ratification thereof by this Convention, be printed in the English language, and two thousand copies in the German language, and delivered to the President,for the several members of this body, in proportion to the number of deputies from the several counties, to be distributed amongst their constituents. The committee of accounts made report; whereupon Resolved, That the President draw an order on the Treasurer, in favor of James Campbell, Esquire, for forty-one pounds, for his service as Secretary to the Convention, including fifteen days allowance for complet. ing the business. In favor of Andrew Burkhard, Messenger, for his services, including four days allowance, for fifteen pounds. In favor of Joseph Fry, Door-Keeper, for his services, including four days allowance, for fifteen pounds. In favor of James Martin, for his services, for six pounds fifteen shillings, In favor of the Secretary, for carrying the new constitution of the United States, and ratification thereof by this state, to Congress, for twenty pounds. In favor of the Secretary, for four hundred pounds, to defray the printing of the minutes and other contingent expenses, and that he account with the Comptroller General for the same. Yeas.-George Latimer, Benjamin Rush, Hilary Baker, James Wilson, Thomas M'Kean, William M'Pherson, John Hunn, George Gray, Samuel Ashmead, Enoch Edwards, Henry Wynkoop, John Barclay, Thomas Yardley, Abraham Stout Thomas Bull, Anthony Wayne, William Gibbons, Richard Downing, Thomas Cheney, John Hannum, Stephen Chambers, Robert Coleman, Sebastian Graff, John Hubley, Jasper Yates, Henry Slagle, Thomas Campbell, Thomas Hartley, David Grier, On motion, Resolved, That Mr. M‘Kean, Mr. Latimer John Black, Benjamin Pedan, Nicholas Lutz, John Arndt and Mr. Baker be a committee, for the purpose of reStephen Balliott, Joseph Horsfield, David Deshler, Wil-vising the minutes and superintending the printing thereliam Wilson, John Boyd, John Nevill, John Allison, Jon- of. athan Roberts, John Richards, Frederick A. Muhlenberg, James Morris, Timothy Pickering, Benjamin Elliott. Nays.-John Harris, John Reynolds, Robert Whitehill, Jonathan Hoge, John Ludwig, John Bishop, James Martin, Joseph Powell, William Findley, John Baird, William Todd, James Edgar, Nathaniel Breading, John Smilie, Richard Bard, Adam Orth. So it was carried in the affirmative. On motion of Mr. Pickering, seconded by Mr. Chambers, Resolved, That it is the opinion of this convention, that until the Congress shall have made their election of a district for the place of their accommodation, they may have the use of such of the public buildings within the city of Philadelphia, or any other part of this state, as they may find convenient. On the question being put, the Yeas and Nays were called by Mr. Wayne and Mr. Chambers, and were as follow: On motion of Mr. M'Kean, seconded by Mr. Chambers, Resolved, unanimously, That the thanks of this convention be presented to the President, for the able and faithful manner in which he has discharged the du ties of the chair. JAMES CAMPBELL, Secretary、 Adjourned sine die. TAXES. Believing that the subject of taxes is one which pos sesses general interest and which has never been fully placed before the public-we have with considerable labor formed, from authentic sources, the following table and calculations. The table exhibits the assessments of 1826 and 1829-The county taxes for the whole coun ty-The several corporation taxes-The poor taxes for those districts which are under the jurisdiction of the Guardians of the poor-those for the townships we have not been able to procure. In the calculations following the table, an analysis is made, shewing, as we think, soma very interesting results. 790,270 217 40 2,370 85 Rates. 1826. Rates. 1829. Upper Delaware, North Mulberry, South Mulberry, 1,220,181 1,261,635 363 80 550,256 716,918! 1,534,912 1,593,733 955,359 1,069,534 279 90 Total Personal. Real Estat. City Tax. 4,148 72 1,088 55 10,862 12 11,950 67 2,430 64 849 00 6,156 26 7,005 26 5,233 97 1,312 65 13,686 73 14,999 38 3,509 83 884 43 9,227 17 10,111-60| 9,245 49 1,174 95 25,316 94 26,491 89 1,624,711 1,711,745 413 40 5,135 23 5,548 63 2,969,207 3,106,572 316 97 9,319 72 9,636 69 1,309,543 1,357,545 256 89 4,072 64 4,329 53 2,200,110 2,240,299 291 12 6,720 90 7,012 02 1,267,370 1,467,345 256 15 4,402 04 4,658 19 1,817,0221,921,924 366 61 5,765 75 1,235,877 1,655,472 401 44 4,966 44 304 00 3,771 49 72 31 20,066 57 20,138 88 518,113 629,068 210 92 1,156,941 1,264,469 323 22 1,887 19 2,098 11 19,306 41 766,892 1,205 85 14,673 34 15,879 19 398 58 943 44-26,642 97 27,586 41 915 15 10,867 72 11,782 87 305 00 967 50 10,926 03 11,893 53 210 92 Personal Dog 50 Tot. Taxes Total County, 14,910,641 16,549,001 5,354 46 49,646 95 55,001 41 3,562 15 1,857 50 23,952 75 29,372 40 Total City and County, 37,280,441 40,751,787 10,290 25 122,255 33 132,545 58 8 per do. The Taxes in the city are equal to about 1 48 Eastern Wards. Increase in Rale per cent. cent. on the assessment. 3 years. of increase. The amt. of tax on real estate in the city is 334,799 65 Upper Delaware $41,454 $3 40 do. personal tax, 23,720 89 Lower Delaware 58,821 3 83 do. dog do. 965 50 | Higb 112,339 3 96 Chesnut 137,365 4 63 Total taxes on City, $359,486 04 Walnut 40,189 1 82 Dock 104,902 5 76 'The Tax on real estate in the city is at the rate of a Pine 83,990 7 15 bout 1 38 per cent. on its assessed value. New Market · 107,528 9 29 The city pays 58 per cent. of the whole county tax. There were 16556 taxables in the city, which divided Total 686,588 Average 4 60 into the amount of taxes will give an average of $21 71 as the proportion which each taxable would pay sup. Western Wards. Increase in Rate per cent. posing all to pay alike-or, calculating 5 Inhabitants to 3. of increase. one taxable each person would pay $4 34. North Mulberry $166,662 $30 29 Upon the same principle each taxable in the South Mulberry 114,175 11 95 Northern Liberties would pay $8 18 each person $1 63 North 87,034 5 36 Kensington, do. 4 47 do. 88 Middle 48,002 3 74 Penn Township, do. 11 11 2 22 South 199,975 1 57 Southwark, do. 9 33 do. 1 86 Locust 419,595 33 95 Moyamensing do. 5 84 do. 1 17 | Cedar 110,955 21 41 The corporation taxes of the City are at the rate of 86 cts. per $100. Do. of N. Liberties 50 per 100. Total 1,146,398 Average 15 36 Do, of Kensington 50 do. Do. of Penn T. 50 do. From these tables it appears that while the 8 eastern Do. of Southwark 60 do. wards, (which were rated in 1826 to be worth $14,908,Do. Moyamensing exclusive of poor tax 85 do. 571 and in 1829,$15,595,159) have increased only at the The poor taxes assessed on the city and districts un- rate of 4.60 per cent.-the 7 western wards (which in der the care of the Guardians is at the rate of 22 cts. per 1826 were valued at 7,461,229 and in 1829 at 8,607,627) $100 and amount to $38,598 69 have increased at the rate of 15.36 per cent.-thus furOf which the City pays 59,136 29 nishing a striking proof that the improvements are ra. N. Liberties 10,686 01 pidly advancing toward the western part of the cityNo. unincorporated, 2,134 25 which must be attributed to the rapid increase of popu. Kensington 3,503 55 lation and to the facilities affo:ded to the trade of the Penn T. 6,807 69 Schuylkill by means of canals, and to the introduction of Southwark 6,240 90 coal—and furnishes also a pleasing pr sage of the future The remaining districts of the county support their extent and value of that part of the city, when the buildown poor and levy their own poor taxes. ings on the Schuylkill will be as numerous as they now The poor tax of Moyamensing is 40 cts per $100 or are on the Delaware, and whon, by the completion of 3,073 52. the Pennsylvania canal and the Columbia rail road, the The corporation tax for the City amounts to $222,805 58 products of the remote parts of the state, shall be transDo N. Liberties 21,269 80 ported at a small expense to our wharves. — This view Do Kensington 6,237 37 of the subject, therefore shews how important it is to Do Penn Township 9,253 63 this City that these public works should not be retarded Do Southwark 14,686 17 | -and that the great trade which they must open to us, Moyamensing exclusive of poor tax 4,737 15 should not be diverted from us into other channels. The almost stationary value of the eastern parts of the The preceding table enables us to form a comparative city, which have usually been considered the business estimate of property between the two periods of assess part of it-would at first view seem to indicate a comment-and exhibits those portions of the city and coun. parative declension of property from some cause or othty, which from improvements or other causes bave ra er—but we believe upon inquiry that this is not the fact pidly enhanced in value. -but that on the contrary property there is at as high a The value of the city property in 1826 was $22,369,800 price now as it was some years previously to the assessThe same 1829 was 24,202,786 ment; yet when it is considered, that there is very little room for further improvements by building, and that Being an increase of 1,832,986 family residences are generally occupying the western portion of the city, and that consequently many stores Or at the rate of 8.20 per cent. are following the tide of population; and that foreign The value of the remaining portions of the county in- commerce has declined; it is probable that property in cluding the districts was in 1826 14,910,641 the eastern wards has, for the present, attained its maxiDo 1829 16,549,001 mum value, and must so continue, until a new impulse is given to trade in that quarter. It therefore becomes an Being an increase of 1,638,360 important inquiry how this impulse is to be given.– For Or at the rale of about 11 per cent. a revival of foreign commerce, there seems to be very The value of the City & Co. in 1826 was 37,280,441 lit:le encouragement to hope--we must therefore, look Do. 1829 was 40,751,787 for it from some other quarter. Judging from the effects of the improvements of the Schuylkill,on property in its Increase in three years 3,471,346 vicinity-it is reasonable to calculate that like effects Or at the rate of 9 31 per cent. would be produced by the completion of the public If 50 per cent. be added to the assessed amount of work already commenced and now in progress on the property (it being generally understood that the assess- Delaware, and by connecting them with others which ments are at least this much below the actual value tho' are deemed practicable-and calculated to bring to us there may be some instances to the contrary) the value a considerable portion of the Susquehanra trade by of the city would be 36,304,179. means of the Nescopec canal; and the trade of the westThe following tables show the relative increase of the ern parts of New York, by water communications which different wards of the city, it is thought by many may be made. As connected with this subject,-the opening of the LAW CASE. 267 Chesapeake and Delaware canal must be hailed as a very Essentials of a Recognizance for an Appeal from the important event to this city, as a portion of the Susquehanna trade will no doubt find its way to this city thro' it. The 7 wards of the NORTHERN LIBERTIES were asses sed in 1826 at, and in 1829 at, Increase in three years, Or at the rate of 13.29 per cent. Names of Wards. First, Second, Third, Fourth, Fifth, Sixth, Seventh, Total, Rate per cent. 3,526,294 3 04 13 14 674 20 87 17 82 28 73 19 11 The unincorporated N. L. are not assessed as much although such a consideration cannot properly give a in 1829 as in 1826, by $2,985. particular direction to an adjudication, yet it properly requires us to see our way quite clear in pronounc ing it." The act of Assembly under which this recognizance was taken, requires, that on an appeal from the deci65,874 sion of a Justice of the Peace, the bail "to be taken by the Justice shall be conditioned for the appearance of the party appealing at the next court of common pleas, to prosecute his suit with effect, and on failure thereof that the bail will, on or before the first day of the next term after judgment shall be rendered against the principal, surrender him to the gaol of the proper county." 446,370 97,545 163,419 or The transcript of the justice, setting forth the recognizance on which this proceeding has been instituted, 2,305,430 is as follows: "Now, Nov. 20th, 1826, Defendant ap2,636,114 pealed from the annexed judgment against him to the next court of common pleas in and for the county of Philadelphia.-Recognizance by defendant and Jeremi. ah Akel each in the sum of $90, conditioned that defendant prosecutes his appeal with effect," which entry was signed by the original defendant and Akel the bail. It is certain that neither the precise language of, nor all that is strictly demanded by the act of Assembly, is here set forth, but there is "substance capable of being worked into form." In the Commonwealth vs. Emery, 133,705 2 Binn. 431, a recognizance at common law, much more bold and disjointed was held sufficient and for the satis793,787 factory reasons, "that in all countries there are particu992 933 lar modes of doing business which are known and regarded by their courts; and that in this Commonwealth 199,146 the records of courts of justice consist principally of or at the rate of 25 09 per cent. short entries not reduced to form; that it was sufficient Total increase of E. and W. Southwark 332,851 or if these entries contained substance capable of being 16.90 per cent. worked into form; and that it was reasonable to apply the same rule to recognizances taken by magistrates out of court." Whenever the proceedings of justices of the peace have come before our courts, they have felt the necessity of treating them with liberality and not scanning them with too cursory an eye. The late Judge Duncan, on this subject, remarks, that "when indulgence is extended where regularity should be looked for, it ought not less to prevail in proceedings before justices of the peace, where knowledge of legal forms is not to be expected, and where if forms were strictly regarded, the jurisdiction would be extinguished." Cockran vs. Parker, 6 Serg. & Rawle, 552. |