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598

Females

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603

rials, would not only have delayed the completion of the The number of taxable inhabitants, is Males
work, but would have enhanced the cost of its construc-
tion. The newness of the embankments, and the length
of time necessary for them to settle, is another consider-
ation why a preference has been given to wood.

On embankments which have not sufficiently consolidated, the wooden rail, resting on sleepers of wood, can be much easier repaired. On this plan, also, the road can be finished with less expense, and at an earlier period than with stone sills, or detached blocks, as bearings. This circumstance will, in some measure, compensate for the loss that will result from the decay of the wood; and should the company deem it expedient, at any future period, to lay a second track, sufficient experience will have been acquired to enable them to adopt that p'an which will be most conducive to the interests of the stockholders.

I remain, gentlemen, very respectfully,

Your obedient servant,

JOHN WILSON,

At the annual meeting of the stockholders of the West Chester Rail-road Company, held at the house of Samson Babb, in the borough of West Chester, on Monday, the 16th of January, 1832,

OLIVER ALISON. Esq was appointed chairman, and Mr. EDWARD F. EVANS, Secretary.

The directors laid before the meeting their report, (herewith published) of the affairs and proceedings of the company, which was read:

Whereupon, on motion of W. H. DILLINGHAM, Esq.

it was

Resolved, that this meeting approve of the proceedings of the directors of the West Chester Rail-road Company, as exhibited in their report this day submitted; and that five hundred copies of said report be published in pamphlet form, for the use of the stockholders.

It was then, on motion, resolved, that the chairman and secretary of this meeting act as judges of the election now to be held, for the purpose of electing seven directors of the West Chester Rail-road Company, for the ensuing year. At the close of the polls, the votes being counted off, it appeared that the following persons were duly elected directors, viz: WILLIAM DARLINGTON, JOSEPH HEMPHILL,

ELIHU CHAUNCEY,

ZIBA PYLE,

JONATHAN JONES,
WM. WILLIAMSON,
SAMUEL C. JEFFERIS.

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The number of persons owning real estate and not residing in the borough, is

The public Buildings in the Borough, are
1 Roman Catholic Chapel, built in

1 Episcopal Church, (St. Lukes,) built in
1 Methodist Episcopal Church, built in
do.
1 Friends' Meeting House,

The Institutions of a public character, are
Post office established in the year
Miners' Bank of Pottsville, chartered in
Schools of various grades and dates.
Fire Company, established in

167

1828

1830

1830

1830

1823

1828

1830

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thecary Stores,

35 Merchants,

5 Flour and Feed Stores,

5 Flour Merchants,

2 Shoe Stores,

27 Clerks,

17 Coal Merchants,

25 Taverns,

4 Barkeepers,

1 U. S. Mail Contractor,

2 Confectioners,

1 Vinegar Merchant,

1 Lottery Broker,

2 Boarding Houses,
2 Lumber Merchants,
3 Collectors of Toll,

234,390 3 Oyster & Beer Houses,

11 Bakers,

569,468 9 Butchers,

2 Boat yards,

7 Boat Builders,

1 Cedar Cooper,

2 Curriers,

2 Tobacconists,

1 Tallow Chandler,

1 Weaver,

2 Tanyards,

2 Tanners,

4 Turners,

1 Whitesmith,

2 Foundries,

2 Iron masters,

5 Moulders,

1 Forgeman,

1 Collier,

4 Breweries,

8 Brewers,

9 Stone Masons,

1 Gun Smith,

1 Brick Maker,

7 Tailor Shops,

492

12 Tailors,

220

6 Painters and Glaziers,

2 Soap Boilers,

70 52 Carpenters,

4 Boat Captains,

8

1 Grist Mill,

7

2 Millers,

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1 Potter,

1 Milkman,

15 Teamsters,

46 Miners,

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1832.]

SELECTIONS FROM LEGISLATIVE DEBATES.

SELECTIONS FROM LEGISLATIVE DEBATES, men at that time composed the senate or select council

From the Pennsylvania Reporter.

COUNTY ALDERMEN.

IN SENATE-Thursday, Jan. 21.

Mr. Burden offered the following resolution, viz: Resolved, That the Committee on the Judiciary System be instructed to enquire into the expediency of authorizing the Governor to appoint a certain, definite, and sufficient number of Aldermen, for each of the incorporated districts in the county of Philadelphia, with the same powers and privileges which Aldermen of the city now have, and of repealing the civil jurisdiction of Justices of the Peace, so far as relates to the districts in which it is proposed to appoint Aldermen.

Said resolution was read a second time, and there being some opposition to its passage,

Mr. BURDEN said, it will be acknowledged by every member of the Legislature, that with regard to every county in the Commonwealth, the constitutional power of appointing Justices of the Peace has been exercised to a degree far beyond the necessities and welfare of the people. It has been the practice of every Executive, about the time of retiring from the gubernatorial seat, to appoint a number of Justices, and generally from political motives alone. The new Governor, finding himself opposed by the recently appointed magistrates, has been compelled, from motives of self-defence, to create another batch of Justices, and thus they have increased to a number injurious to the interests of the community. Had the appointments, in all instances, been confined to men of integrity and ability, there would be no cause of complaint; but not unfrequently persons have been recommended and appointed, altogether unqualified. In the county of Philadelphia, the people have felt the consequences severely; and perhaps there is nothing under the color of law which causes so much oppression, as the existence of such Justices as now practise. The poor and ignorant are the sufferers-they are made the the victims, and the 'squires fatten on their earnings. In some few sections there are no magistrates; in them the people are moral and peaceable, but wherever the magistrates abound, discord and immorality are encouraged. Every Justice must make a living, and this competition leads to practices disgraceful to the community, and to oppressions under color of law which would scarcely be credited: it seems to be the interests of the magistrate to have the laws violated, instead of haring them respected.

of the city. These Aldermen were deprived of their
legislative powers, and invested by law with the powers
of Justices of the Peace, and the justices were restrict-
The consequence has
ed to the constitutional limit.
been that the Aldermen being limited in number, have
not the temptation to oppress for the sake of fees, and
there is no place in any country where justice is more
faithfully administered, nor where peace and good or-
der prevail in a greater degree than in the city of Phila-
delphia. Now the resolution I have offered proposes
to extend the same benefits to the corporations of the
county. The committee will, after due deliberation,
fix the number proper for each district, having refer-
ence to to its population and public necessities. In of
fering the resolution, it must be evident I cannot be ac-
tuated by motives of popularity, The "squirearchy,"
(as Mr. C. J. Ingersoll well called those unworthy to be
appointed,) will be highly displeased, and should I ever
I have no motive but the
come before the people for election, will do its best to
remove me from public life.
welfare of the community which I have the honor to
represent, and will not regret any personal sacrifice if I
can succeed in passing such a law as the resolution pro-
poses.

DIVORCE. -ARE BLACKS, CITIZENS?

vorce.

HOUSE OF REP. Wednesday, Dec. 14, 1831. Mr. WAUGH presented a petition from James Sisco, a coloured man from Washington, Pa. praying for a diHis memorial is drawn up with considerable He states his early resolution, ability and feeling. (knowing the degraded standing of persons of his colour in general,) to acquire a reputation, by a correct deportment in all his transactions. In this determination he went on prosperously till November, 1829, when unfortunately, he took to himself a wife. In this act he had care to the selection of one who he had reason to believe had been taught to regard and observe the principles of propriety and virtue; but, to his mortification, he soon found he had been mistaken in his opinion; that he had taken to his arms, one who proved not only incontinent, but who actually committed larceny, and was convicted and sentenced to the penitentiary. At this change of circumstances he was thunderstruck, and for relief had brought his case before the legislature, that being the only tribunal competent to such purpose.

The petition was referred to the committee on the judiciary system,

The bill, an act to annul the marriage contract of James Sisco and Delilah his wife was read a third time, and on the question, shall the bill pass?

Is there any mode by which this evil can be removed? The constitution directs that justices may be removed Mr. McCulloh observed, that he was opposed to legisby address or impeachment. The process originates in the House of Representatives, but this provision exists lative divorces; he did not like the precedent--it was a only in the letter, and not in practicability. We all proceeding entirely ex-parte, one of which the opposite know how unpleasant and how expensive it is to bring party, in general, had no notice, and therefore he thought up a complaint before the legislature against a justice. they ought not to be encouraged. This was the appliA legislative body, on many accounts, is a very improp-cation of a black man for divorce, and he thought if it er tribunal of justice for the trial of men; it has other were entertained we should have enough business of duties to perform, and it is next to impossible to remove this kind to do. That on the southern border of the a justice from office by the constitutional mode, no mat- state, the courts of quarter sessions were at every court ter what he has been guilty of. He may have been more or less employed in the trial of blacks for larceny convicted in a court of justice, he may have been the He thought if this bill passed it would hold out such enHe obleader of a riot, he may be totally unqualified to admin-couragement to applications for divorce from blacks ister justice, still we know how difficult it is to put him that our tables would be covered with them. served that the woman had been convicted more than a year ago, and sentenced to one year's imprisonment, which had now expired. That therefore she must have returned to the society of her husband; that the precedent was a dangerous one, and he would vote against the bill.

out.

There is a mode of remedying the evil, in perfect conformity to the constitution, that is, by depriving the Justices of all the powers given to them by the laws, and leaving them no power but such as they may exercise under the constitution: this would soon compel them to give up practice.

We have an example of the benefits attending this mode. In the city of Philadelphia, Justices of the Peace were formerly created, and the power to appoint The Alderthem still exists, although not exercised.

Mr. Galbraith asked that the petition and documents might be read, which was done.

Mr. Waugh thought the facts set forth in the petition, and the record evidence accompanying them, were sufficient cause of divorce. Desertion was sufficient by

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act of assembly in court-this was the same in principle.
No gentleman, he thought, would distinguish between
black and white; the colour of the skin could not alter
the principle; if the grounds were good in any case, it
ought to be in this. He thought the objection of the
gentleman from Franklin, (Mr. McCulloh that it would
be an encouragement to blacks to apply for divorces,
was not sound—his opinion was, it would be a check on
them. The man sustained a good character, as was tes-
tified to by some of the most respectable men in Wash-
ington county.
Ought we to refuse a divorce, sir, be-
cause the man is a black man? He thought not.

Mr. Davis observed that this was a matter of more moment than met the eye or ear. He thought the colour of the man no objection; he would as leave vote to divorce a coloured man as a white man. The real question was of more importance. Is a coloured man a citizen of Pennsylvania? and can the legislature divorce a man who is not a citizen? Many men have doubts on the subject; some have not. If he is not a citizen, by passing this bill we sanction the idea that he is so.

Mr. Waugh asked the chairman of the judiciary committee for his opinion as to the citizenship of blacks.

Mr. Shannon replied, that the question had not been decided. His own opinion was against them, and he had formed it from the constitution. They could not be required to do militia duty, or repel invasions; they were not looked to as the bulwark of the nation: they were incapacitated for appointment or election to office they had not the right of suffrage in Pennsylvania; they were not citizens to the full extent of the word. But still their rights of liberty and property are secured. Divorces by the legislature are matters of favour, only, not of right. In this case, he thought it was not expedient or necessary. We are not to know how many wives this man has. In our western country we have the real flat heads, who have dozens of wives, and think there is no harm in it; they don't view larceny as a crime, but consider every thing common property.

If they don't look upon larceny as a crime, why divorce them? If no moral turpitude attaches to the of fence in their estimation of it, if they really don't understand the guilt of the offence, they have committed no crime, and we ought not to grant a divorce. The man may have been accessary before the fact, for the purpose of enabling him to make this application.

Mr. Valentine said he was no friend to divorces, unless under very peculiar and special circumstances, The laws of Pennsylvania authorize contracts between negroes, and the right to rescind the contract seemed naturally to follow. The marital rights were the same. The petitioner seemed anxious to have it believed that he was a man of good moral character, and he was not disposed to doubt it. If he possessed so good a character, his wife would be better in his care than in that of any other-he knew no one who had a better right to take care of and protect her. He would therefore vote against the divorce, and every other divorce, unless under very special circumstances, which he thought did not characterize this case. He would keep the probability of divorce at a distance, because it would have a salutary influence upon the marriage contract, and prevent it from being entered into unguardedly.

Mr. Waugh thought there was nothing substantial in Mr. Davis's objection, and it was irrelevant whether blacks had a right to vote or not, a residence was sufficient for the protection of the law, citizenship was not necessary; a residence of one year was enough. The laws don't require them to be full citizens.

Mr. Davis observed that he was left just where he began; he had received no more information from the gentleman than he possessed before. By the constitution of the United States, negroes and mulattoes are not citizens. He viewed them as wards of the state: some were taxed and some voted; but they never were citi

zens.

Mr. Fuller said that the judiciary committee had reported this bill on principle. If one of the parties to the marriage contract be of good character, and the other infamous, he had understood that a divorce would be granted. If they were not excluded from the courts, why exclude them from the legislature? He did not think it necessary in this case to decide the question of citizenship; if it were so, he thought it might be determined in favour of the blacks. In New Jersey free blacks are citizens, and this case comes within the prin ciple of the whites.

The bill was lost-yeas 33, nays 58.

MASTER AND APPRENTICE.

Before KING, President, and his Associates, Judges of the Court of Common Pleas for the city and county of Philadelphia, January 14th, 1832.

Commonwealth ex relatione Lecture against Senneff. This case came before the Court upon a Habeas Cor pus sued out on behalf of Samuel Lecture, by his father William Lecture, against George Senneff the respondent. By the return endorsed on the writ, it appeared that the respondent claimed to hold said Samuel Lecture, by virtue of an indenture of apprenticeship, dated the-day of-, 1827, executed before Alderman Badger by the said apprentice, by and with the consent of his mother Elizabeth Lecture, by which he put himself apprentice to the respondent, to learn the trade of a house carpenter, and to continue with him until the age of twenty-one. It also appeared by the testimony of witnesses, that the father, William Lecture, a respectable man, was absent from the city on business when the indenture was executed, having previously made ample provision for the support of his family during his absence, and was not aware of its execution until his return. On its being mentioned to him, at first he was dissatisfied, but finally said, if the boy was satisfied to stay he was content. Subsequently, however, he became dissatisfied with the place, and often threatened to take his son away, but omitted taking legal steps to effectuate such object until the present time.

On these facts the question raised was, whether under the act of Assembly of the 29th of September, 1770, (Purd. Dig. 10,) the binding was valid, the father's consent being wanting to the indenture at the time of its execution?

Joseph M. Doran, of counsel for the relator.
Joseph A. Clay, of counsel for the respondent.

KING, President.-This case is clear of all difficulty. Had the father immediately on his return home adopted measures to test the validity of the indenture, and brought the matter judicially before me, I should then have said, without hesitation, that the binding was illegal for want of his consent, and would at once have ordered the boy to be discharged; but inasmuch as he has neglected the adoption of those measures, and has thus acquiesced in the apprenticeship for four years and upwards, I consider such conduct as equivalent to his express consent, and therefore sufficient to confirm the indenture. It would be monstrous, as it certainly would be unjust, for any man with such strong proof of consent before his eyes to say that it did not virtually exist here, and to pronounce the indenture invalid, merely forsooth, because the father was not a party thereto when it was executed before the alderman.

I am of opinion that the master has shown satisfactory reasons for the detention of Samuel Lecture, and accordingly direct that the apprentice remain in his custody.

Important decision to Tavern-keepers and Stage

Owners.

UNITED STATES, US. SIMON LINGLE.
January Sessions, A. D. 1832, before his Honor Judge
Blythe and his associates, came on for trial the follow-
ing prosecution:

Simon Lingle, the defendant was indicted by Benezer Hale, contractor for carrying the mail from Harrisburg to Pottsville, under the authority given to State Courts, by the act of Congress passed in 1825. For wilfully and knowingly retarding the progress of the mail of the U. States.

The facts of the case as given in evidence were as follows: Benezer Hale, the contractor for carrying the mail from Harrisburg to Pottsville, had kept one set of horses, at the defendant's, Simon Lingle, who kept a tavern; being the first place for changing from Harrisburg. Mr. Hale, had made arrangements with another tavern-keeper, and directed his driver that when he left Mr. Lingle's, this particular morning, he should not bring the horses back. Mr. Lingle, discovering that the horses were going to be removed, locked the stable door, and would not let the set of change horses out of the stable, until his bill of keeping was paid. In consequence of his detaining the fresh horses, the stage went no further, (the mail was sent on by horse by the defendant.) This was the grounds for the above prosecution. His Honor Judge Blythe, in laying down the law, charged the jury, that the holding of the horses by virtue of the lien which tavern-keepers have on all horses fed by them, was no offence, and was not a wilful retarding the passage of the mail. That horses, stages, and drivers, when not actually engaged in carrying the mail from one stage to another, were subject to the laws of Pennsylvania; and that the act of Congress only applied to persons, horses and stages, when actually engaged in carrying the mail. Verdict for the defendants.

BANK OF THE UNITED STATES. Washington, Jan. 21, 1832. CONGRESSIONAL ANALYSIS.-In the Senate yesterday, Mr. Benton asked leave to introduce the following joint

resolution.

A joint resolution declaratory of the meaning of the charter of the Bank of the United States, on the subject of the paper currency to be issued by the Bank: Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the paper currency, in the form of orders drawn by the Presidents of the Offices of Discount and Deposite, on the Cashier of the Bank of the United States, is not authorized by any thing contained in the charter, and that the said currency is, and is hereby declared to be illegal, and that the same ought to be suppressed.

Mr. Benton supported the motion in a speech three hours long, and it was opposed by Messrs. Dallas, Buckner, Webster, Wilkins, Bibb, Chambers, and Smith; and further supported by Messrs. Forsyth, Miller, Kane, Marcy, and Tyler. The question being taken, leave to introduce the resolution was refused as follows:

YEAS-Messrs. Benton, Budley, Ellis, Forsyth, Grundy, Hayne, Hill, Kane, Mangum, Marcy, Miller, Moore, Tazewell, Troup, Tyler, White-16.

NAYS-Messrs. Bell, Bibb, Buckner, Chambers, Clayton, Dallas, Ewing, Foot, Frelinghuysen, Hendricks, Holmes, Johnson, King, Knight, Naudain, Prentiss, Robbins, Robinson, Seymour, Silsbee, Smith, Tipton, Tomlinson, Webster, Wilkins-25.

The Speaker presented the memorial of the President and Directors of the Bank of Pennsylvania, praying a recharter of the Bank of the United States. On motion of Mr. Wickliffe, it was referred to the committee of Ways and Means, with the following instructions to said committee:

"To enquire into the expediency of reporting a bill to incorporate a new Banking Company, to take effect and go into operation after the expiration of the charter of the Bank of the United States, reserving

79

one-third of the capital in said Bank, for the United States, together with a sufficient bonus on the charter; one-third to be subscribed for by such of the stockholders in the presert Bank, as may be citizens of the United States, the other third to be taken by such citizens of the United States, as may desire so to invest their surplus capital.

"That they also enquire into the expediency of prohibiting the Bank from dealing in or holding real estate, except for the mere purposes of Banking houses and houses necessary for the transaction of the business of the company.

“Of prohibiting the location of any Branch in any State, without the consent of the Legislature of such State.

"And also, of so forming the charter, that the Legis-. latures of the several states shall and may exercise the power when they deem it expedient to do so,of imposing a fair and reasonable tax upon the capital employed, in any Bank or Branch of said bank, within the jurisdiction of such state; and also to subject the said corporation to be sued in the District or Circuit Court in any state, where they may have a Branch located, and the cause of action accrued."

We are indebted to an obliging correspondent in Philadelphia for the following

STATEMENT

Of the quantity of foreign Coal imported into, and exported from the United States for each year, ending on the 30th of September, from the year 1820, to 1831 inclusive, both taken from the annual returns of the Secretary of the Treasury to Congress, also the balance in bushels remaining for consumption reduced into tons of 28 bushels each-with the aggregate amount of Lehigh, Schuylkill, aud Lackawanna (Anthracite) coal mined and brought to market at tide water, from the commencement of that business in the year 1820, taken from the statement compiled and presented to the convention of the friends of Domestic Manufactures, held in New York, in October last:

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Resolved, That the citizens of Philadelphia and its vicinity will celebrate, with civic honours the 22d of February, 1832, as the centenary birth-day of George Washington.

The subjoined statement of the number of fires that nue to shed their influence from the character of WASH-occurred in this city, in the course of the year 1831, | INGTON. with the amount of damage and the proportion insured, is from the list kept by the Recorder of the PENNSYLVANIA FIRE COMPANY, and read to the members, every month, at their stated meetings. Its accuracy may be relied on: for the Company, composed entirely of gentlemen of great respectability, is not less remarkable for the care and order with which its in-door affairs are conducted, than for the activity, skill and courage, displayed by its members when called out for active service:

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On motion of General Robert Patterson, the meeting was organized by calling Benj. Richards, Esq. to the chair, and A. McCaraher and John Miles were appointed secretaries.

The following preamble and resolutions were offered by J. R. Ingersoll, Esq. which were unanimously adopted. The citizens of Philadelphia and its vicinity, animated by the liveliest emotions of gratitude for the great services rendered to their country by GEORGE WASHINGTON, for the unblemished purity of his principles in life, and the imperishable example afforded in his actions to the nation and to mankind, deem it an inestimable privilege and a sacred duty, to contribute by every means in their power to the diffusion of his glory, and the preservation of his fame. They are sensible that public honours cannot add to the brightness of a reputation which time and its own unquestioned merits have already removed beyond the assaults of envy and the reach of praise. But they feel that in paying a tribute of honour to the father of the republic, they do honour to themselves. For the bounties and the blessings which they now enjoy, they acknowledge themselves indebted more than to any other human means, to the combination of fortitude, wisdom, and valor, which marked his conduct in war-to the dignified forbearance and enlightened love of country which guided his councils in peace-to the almost inspired humility which accompanied him into retirement, and shone forth from the recesses of his private life.

A hundred years have now elapsed since the birth of this unequalled man. None of us are so aged as to have been living when that event occurred. None are so young as to hope to celebrate the return of another century. Let us now rejoice in our power to record the enthusiasm with which this generation cherishes his virtues, and to transmit to the yet unborn millions of another age, our humble example of devotion to principles which were embodied in the life, and will conti

2. That the arrangements be referred to a committee, with instructions to make public, at an carly day, the preparations they shall have made for carrying into full effect the intentions of this meeting.

3. That a committee of arrangement be now appointed, consisting of 24 persons, with full power to take order according to the spirit of these resolutions.

On motion of Walter R. Johnson, Resolved, that on occasion of the approaching Anniversary of the birth day of Washington, it be respectfully recommended to our fellow citizens to abstain, at least during the hours set apart for the observance of the day, from their usual business occupations, in order that all classes of our citizens may have an opportunity of testifying the deep veneration which all entertain for the memory of that first of patriots and of men.

On motion Resolved, That the military of this division, and the surviving soldiers of the Revolution, residing in the city and county, be especially invited to participate in the proposed celebration.

The following gentlemen were appointed to act on the committee of arrangement, the meeting having resolved that the chairman and secretaries should form a part of that committee:

William Rawle,
Alexr. McCaraher,
Josiah Randall,
Walter R. Johnson,
Thomas M. Pettit,
James Page,
Thos. Cadwalader,
Benj. Chew, Jr.
Kenderton Smith,
George N. Baker,
Robert A. Parish,
Richard Palmer,

Alexander McCaraher, John Miles,

Benj. W. Richards,
Joseph R. Ingersoll,
Robert Patterson,
Col. C. G. Childs,
Henry D. Gilpin,
William Milnor, jr.
Charles S. Coxe,
John Miles,
Jacob Frick,
Isaac W. Norris,

Thomas H. Craige,
James Ronaldson.
BENJAMIN W. RICHARDS,
Chairman.

} Secretaries.

THE REGISTER.

FEBRUARY 4, 1832.

After a considerable thaw for several days, and some rain-the navigation was so far open on the 22d and 23d ult. as to admit of some arrivals; on the 24th it rained, and scarcely any ice was to be seen in the river. On the 25th there was a fall of snow to the depth of a few inches; and some sleighs were in motion. On the 26th it was excessively cold-and by many considered the coldest day we have had this winter-and the river was again closed. On the morning of the 27th, at 7 o'clock, a Thermometer, at the western part of Chesnut

street, stood at 3 below 0. Since then the river remained closed till Wednesday or Thursday last-but now it is open and vessels arrive.

Printed every SATURDAY MORNING by WILLIAM F. GEDDES, No. 9 Library Street. Philadelphia; where, and at the PUBof the Post Office, (front room) subscriptions will be thankfully received. Price FIVE DOLLARS per anim, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

LICATION OFFICE, IN FRANKLIN PLACE second door back

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