pecting the arrival of 100 tons of flat bars, which were shipped from England, on the 14th September, and it is uncertain when we may expect any portion of the edge rails. The prices for either will, therefore, in the estimate, only approximate to the truth. I will now give the cost per mile, of each of the present contracts, assuming the price for bar iron at $52 per ton in Robinson & Co's. division, and the others at $62 per ton. Miles. Per single track. 9 81 Robinson & Co. $9,042 97 Provest, (new contract,) 9,443 22 5 5 {12 Stewart & Co. do. 8,740 32 8,741 82 7,976 82 12 14 31 95.100 miles. Double. Without deducting any thing from these last portions of the line for materials delivered under former contracts at less prices, I shall estimate the 31 95.100 miles of single track, as equal to 15 975.1000 miles of double track, the cost of which will amount to $281,386 77. The remaining 64 206.1000 miles, I have estimated at $15,644 04.100 per mile of double way. In the latter estimate, blocks are charged at 40 cents each; broken stone, (the state furnishing a large portion of the material,) at 80 cents per perch, digging trenches, drilling and laying, at 50 cents per yard (double line,) horsepath $250, and iron at $4,364 02. The following is the result. Miles. 15 975, present contracts, 64 206, not contracted for, 81 535, add for steam engines, and occasional tenants, Total amount, $281,386 77 45,000 00 $1,335,828 00 A single track constructed with wooden string pieces and sleepers, in a substantial manner for the 64 miles will cost $305,074. Should the board require any further information on the above subject, you will please to inform me of it. I am respectfully your obedient servant, JOHN WILSON. The New Castle and Frenchtown rail-road company, have been so obliging as to loan the state twenty-five tons bar iron, which we are now preparing to lay on the granite sills. The want of iron has retarded our whole operations, ESTIMATE OF COST. THE JUDICIARY SYSTEM. SENATE CHAMBER, Jan. 2d, 1831. Messrs. Hamilton & Sun.-It is now generally admitted that there are defects in the present organization of the judiciary, which require legislative enactment. Various plans have been proposed, none of wh ch have hitherto been adopted. The bill passed at the last session by the Senate, was believed by many to contain a system which was liable to as few exceptions, as any that had been proposed. The following letter I received from a judge of high standing in one of the western districts, which, though it differs in detail somewhat from the bill before referred to, agrees in the main with it. I offer no apology for requesting you to publish an extract from it. It is a subject on which the members as well as the public desire information. It is quite evident that the learned judge has reflected maturely on the subject, and has communicated information well worthy of an attentive consideration. A MEMBER OF THE SENATE. Extract of a letter, dated, December 20th, 1831. I have read the Governor's Message, in which I observe he again adverts to the state of the Judiciary, and intimates the necessity of some change to give it more efficiency. For a long time I have thought that something must be done. tion of the present plan will relieve from the delay, emThe question is, what modificabarrassment and difficulty in the administration of the laws, or what preferable system can be devised? If an entire new organization should be thought necessary, let it be done. I am sure the Judges would acquiesce sooner than remain exposed to reiterated complaints from the people. But, possibly, the present arrangement might be in some degree altered, so as to remove the evils that exist. I have reflected a great deal on the subject, and think it practicable to make a very desirable improvement, without increasing the public expense. One principal cause of all the mischief and inconvenience that prevails, is the present mode in which the state is divided into districts, with local judges. This has made special courts necessary, and at length induced a recourse to circuit courts, an expedient that has totally failed to effect the good intended. The intercourse of a Judge, in the circle where he moves in private life, is like that of other men. He has friends and enemies. He is therefore exposed to the imputation of partiality or prejudice. The people have no opportunity of making comparisons, which perhaps, might often remove their distrust and dissatisfaction. The judge himself has nothing to rouse a spirit of emulation. I can point out many objections to the present arrangement; but my design at present is, not DEAR SIR-In answer to your favour of the 10th, Ito trace the causes of well founded complaint, but to request you to state to the board, that the estimate of suggest a plan by which I think they may be (measura the whole cost of the Philadelphia and Columbia rail-bly removed. Allow me, therefore, to repeat the outway, when completely finished for use, which I now submit, can only be considered as an approximation to the truth. It may exceed the actual expenditure or it may be less. Philadelphia, Nov. 12, 1831, The whole road formation from the basin line of a modification of our present judiciary organiza- at Columbia to Broad and Vine streets, $961,292 21 entirely too arduous, In the inferior courts, in many of Amount of superstructure-iron and stone being the material used for construction, the districts, the business cannot be done. Litigation is usually, in some proportion to the population and trade of any district or place. In the division that now exists, there does not appear to have been any reference to these considerations. In some districts there is a great extent of territory, with a very sparse population and little business-the principal labor of the judge is riding from county to county, for which his mileage is some compensation. In others, the population is dense and the territory small. The judge sits a long time in each county, and his mileage does not pay his expenses, An inspection of the table I present will illustrate this, There are at present seventeen districts, composed as follows: 1 Philadelphia city and county, with a population of Huntingdon 2. Lancaster and York, (district court also) 119,216, 3. Berks, Northampton and Lehigh, 114,890, Garrick Mallery. 4. Huntingdon, Mifflin, Centre and Clearfield, 72,256, 5. Allegheny, (alone) 50,506, Charles Shaler. 7. Bucks and Montgomery, 85,144, John Fox. 9. Cumberland, Adams and Perry, 64,854, John Reed. 10. Westmoreland, Indiana, Armstrong and Cambria, 77,355, John Young. 11. Luzerne, Wayne and Pike, 39,810, David Scott. 12. Dauphin, Lebanon, Schuylkill and Juniata, 66,632, Calvin Blythe. 13. Susquehanna, Bradford, Tioga, M'Kean and Potter, 48,242, Edward Herrick. 14. Washington, Fayette and Greene, 90,125, Thomas H. Baird. 15. Chester and Delaware, 68,269, Isaac Darlington. 17. Beaver, Butler and Mercer, 58,620, John Bredin. Lancaster York Chester Delaware Bucks 76,558 *Mifflin Centre Clearfield 27,159 21,529 37 4,803-214,190 Thomas Burnside. The county of Juniata has been struck off from. Mifflin and attached to Judge Blythe's district, I include it therefore in the 2d circuit-it will increase the popu lation of the 2d circuit and lessen that of the 4th. 5th circuit, including Charles Shaler. 50,506 24,206 14,683 John Bredin. Mercer, 19,731 Indiana, as at present. Let two terms, at intervals of six months, My plan is this: Let there be four terms in the year be assigned for the trial of issues of fact in Common Pleas and cases in the Oyer and Terminer. At each of these terms one of the president judges shall attend, and they shall so alternate in the performance of their judi. cial duties, that no one shall preside in the same county twice in succession unless with the consent of the bar in writing. At the other two terms the associate judges will hold the ordinary quarter sessions and dispose of the mere routine of motions, rules, &c. in the Common Pleas, Orphans' Court, &c., and also try indictments for petty offences. All cases of magnitude or importance, to be upon application continued until the next term, when one of the presidents may be present, The courts for the trial of issues of fact to be prolonged in the dis cretion of the judges until the causes are all disposed of, There shall be one court every year in each county, at which the president judges in the circuit will all attend, At this term all law questions shall be deliberately heard and determined. Motions for new trial, demurrers, &c. &c. and all matters reserved or continued from the quarterly courts. There will be no jury, and therefore no additional expense to the public; arguments can be heard and considered, free from the hurry and bustle of a jury court. The sitting of this court in bank to be arranged so as to allow a writ of error to the supreme court without delay. It is believed that when the three law judges concur, there will be few writs of error. The present division of districts to be done away. Each of the judges to have equal powers and jurisdiction with the others within the circuit. Every thing like local, exclusive jurisdiction, to be abolished. The process issued, returnable to every term, to be tested in the name of the judge who last presided. And at the courts in bank in each county, that judge to preside who last held the court for trial by jury in that county. The rules for practice to be formed by the three judges, and to be uniform throughout the circuit. Special courts and circuit courts to be abolished. But that there may be confidence and stability in the adjupose to revise with certain modifications the high court dication of the appellate court in the last resort, I proof errors and appeals, to be composed of the judges of the supreme court, and one president from each circuit, in alternation. This court to be held once a year at Harrisburg. No appeal to this final tribunal to be allowed, except in cases where the judges of the supreme court have divided in opinion. This high court also to have power to make, adjust and alter the rules of prac tice in the several circuits, so as to effect uniformity and efficiency. This is a brief outline of the proposed mo-venience from the immense body of water that is thrown dification. Many important particulars will be embraced into South street, between Fifth and Sixth streets, from in the details, if the plan should be adopted. the adjoining streets and alleys, which in the winter Allow me now to suggest some of the advantages that season collects large bodies of ice, to the great injury I anticipate from the change I offer: and of the inhabitants, and danger and inconvenience of passengers. Also much expense is incurred by the Corporation in employing men to cut out the ice so as to prevent in some measure, the water from overflowing the foot pavement into the Houses, on the north side of said street. Your petitioners therefore most respectful 1st. It will afford to every suiter an opportunity of having his cause tried by a judge who is neither interested in the court nor the question; and towards whom he has neither partiality nor prejudice.-It will therefore, street sewer to be extended from its present termination above Fifth street to the upper side of Sixth street, which in the opinion of your petitioners will remedy the evil they seriously complain of; and your petitioners will ever pray, &c. 2d. Make special courts and circuit courts unneces-ly request your honorable body to cause the South sary, for both these expedients have originated from the objections of parties to their several judges. 3d. More business will be done. I have no hesitation in saying that a greater number of causes can be tried at the two terms proposed than are now at four. The time of the court will not be taken up, nor their attention interrupted (as at present) with motions, rules, and all the vast variety of concerns that render our jury courts a scene of confusion and turmoil. Besides, it will be found that many cases will be stated for hearing and deliberation by the three judges at their term in bank. Philadelphia, Dec. 26, 1831. Mr. WORRELL presented the annexed communication from Mr. Conrad, which was referred to a special com mittee, and Messrs. Worrell, Johnson, Sexton and Moss, were appointed the committte. To the Select and Common Councils of the City of Philadelphia. 4th. It will afford time to examine legal questions, which now have to be decided (often without argument) Gentlemen-The petition of the subscriber respectfulin all the hurry of a jury court. The judge may reason ly represents that he is the owner of certain property points, or his opinion delivered to the jury may be re- located in Second, north of Arch street, known by the examined before the court in bank, upon a motion for name of Conrad's Court, and containing twelve three new trial. Should the other judges sustain, it is proba-storied dwelling houses; that your petitioner considerble that in most cases the losing party would acquiesce. ing it but justice, that the said Court should be lighted at 5th It would excite a laudable emulation in the judges | the public expense, made application to the Commissionby their presenting them before the people in a situation ers for that purpose, who very politely attended to the for fair comparison and estimate. request, but considering it would be transcending their power, referred me to Councils for authority to do so, your petitioner therefore begs that Councils would appoint a committee to examine the premises and to direct the lighting of said Court, the lamps for which are already up, and your petitioner will &c. 6th. It would relieve the supreme court from a part of their present onerous charge, and would afford them leisure for study and reflection. 7th. It would introduce uniformity in the practice of the courts. 8th. Last, but not least, it will not increase the public burthen. I have seen a project which proposes the appointment of circuit judges, &c. &c. The expense of this plan will be enormous, and I fear the people, with such a weight of debt upon them, will not be willing to encounter such an experiment. If judges are appointed, and thus drawn from other pursuits in life, they cannot with propriety be dismissed. The plan of fered in the petition I have seen, is very doubtful as to its practical efficiency. The one I submit is at all events safe: the experiment will cost nothing, it makes no serious change or derangement in the order of things. If it should be unsuccessful, the matter may be placed in stutu quo, or some other plan adopted, when the people may be more willing to meet the expense. I submitted last year something of the kind I now of fer. The memorandum I have mislaid or lost. The general idea, however, is in my memory, and I have given you the outline. If you think it contains any hint that may be useful, please to have it presented to the committee who may have the matter in charge. I am altogether opposed to the plan proposed in certain petitions that have been put into circulation. It is expensive, complex, and I conceive not likely to be efficient. The precise operation I cannot entirely comprehend. I am anxious that something should be done, but I do not wish to increase the public expense, nor add to the labour of the district judges, unless it is clear that there will be advantage.- Harrisburg Chronicle. PROCEEDINGS OF COUNCILS. THURSDAY, January 12th, 1832. SELECT COUNCIL.-Mr. JOHNSON presented the following petition, which was referred to the Paving committee. To the Select and Common Councils of the City of Philadelphia. The petition of the undersigned citizens respectfully showeth, that your petitioners labor under great incon MATTHEW CONRAD.. Philadelphia, January 10th, 1832. The undersigned citizens of the city of Philadelphia, residing in the immmediate neighborhood of the above named property, fully persuaded of the necessity of having said Court lighted, not only as to the immediate benefit to inhabitants of said Court, but as a general security, most respectfully recommend to the immediate attention of your honorable bodies the prayer of the petitioner, requesting that the same may be granted. The following communications from the City Commissioners and City Clerk, were received, and referred to the committe of accounts. CITY CLERK'S OFFICE, 2 January 12th, 1832, ROBERT H. SMITH, City Clerk. To the President and Members of the Select Council. By order of the City Commissioners, Nagle & Trautwine, No. 24 north Water street, 48 00 R. Brooks, counting room, in do. S. Comly, one room in do at $10 per month, First floor, No. 11 north wharves, occupied by 1200 CO 100 00 165 00 250 00 · 120 00 120 00 165 00 205 00 1000 00 S. G. J. R. Lejee, No. 162 James Day, No. 160 do. 505 00 Upper part of do. vacant, 505 00 J. Cowpland, corner of Union & Comptroller st. 305 00 No. 13 No. 12 north wharves, occupied by S. G. do. Jacob Beck, No 5-Comptroller street, 255 00 Eldridge, No. 3 do. 255 00 Ishi Craven, corner of Spruce & Comptroller st. J. B. Freeman, No. 12 Comptroller street, 205 00 P. Carpenter, No. 211 Coates street, 257 50 205 00 Joseph Smith, No. 213 205 00 J. Cozzens, N. W. corner of Coates & Sixth st. Philadelphia, Jan. 12, 1832. SIR: The executors of the will of Stephen Girard, late of this city, deceased, respectfully transmit through you, to the Select and Common Councils, a second list of certain Real Estate, situate in the county of Philadelphia, constituting a part of the residuary estate, which passed under the devise to the Mayor, Aldermen, and citizens of Philadelphia. In relation to that part of the said real estate, which the testator devoted to the purposes of a College for White Male Orphans, namely the forty-five acres of land, situate in Penn Township, the executors deem it their duty to make to Councils at the present time, these representations: In order to render the entire scite of the College as secure and as free from all intrusion as possible, and also to give the orphans an ample space for exercise, and agricultural and mechanical pursuits for instruction and recreation, the testator designed that there should be a stone wall around the whole premises, and not a brick wall as specified in his will in relation to his city square; to this end he caused a quarry on the said premises to be worked, in order to provide stone Wm. Kester, corner of Jones alley & Front st. 400 00 for the intended wall, and of that part of the wall in Back building of 100 00 front of the Ridge Road he made arrangements for early 72 00 construction. These circumstances are stated under an 72 00 impression that the intentions of the testator will be 120 00 carried into execution, in these particulars; but chiefly 125 00 to call the prompt attention of Councils to the imporP. Dwyer, No. 172 00 tance of an early attention to the premises referred to, J.G Harker & Co. No. 20 north Front street, 1600 00 in connexion with the streets, which it may be proposed H. C. Corbit, No. 22 1600 00 to open in Penn Township, through any part of the said Gill, Ford & Co. Nos. 24 & 26 do. 3000 00 forty-five acres. 90 00 900 00 a water lot on Schuylkill, bought of Geo. PP. A lot of land in Passyunk, adjoining the QQ. Two lots of land in Passyunk, late Law- SS. A lot of ground in Moyamensing, bought 4 33 4 00 20 103 17 00 8 40 UU. A lot of land in Passyunk, bought of John 2 00 Q. Tract of land in Passyunk township, bought of David Lentz, containing 5 131 4 65 7 130 70 135 BBB. Two lots of meadow land in Moyamen- 10 64 30 150 36 142 4 80 R. Tract of land in Passyunk township, bought U. Tract of land in Passyunk township, late Messuage and piece of ground in Passyunk township, late Messmer's, containing W. Messuage and tract of land on Schuylkill, in Passyunk township, bought of Benedict Dorsey, X. Three contiguous tracts of land in Passyunk Y. Tract of land in Passyunk township, bought FF. Two adjoining pieces of meadow ground GG. Two lots of ground in Passyunk township, one of them containing 5 acres 40 perches, the other being a landing on Schuylkill, bought of George Sheeler, 40 VVV. Two lots of land and dwelling house in 65 DDDD. A lot of ground in Passyunk, bought 45 00 610 28 Mr. DUANE, from the executors of the late Stephen 8 80 Girard, made the following statement: To the Select and Common Councils of the City of Phil 1 50 adel ria. The following representation is respectfully made, to the constituted authorities of Philadelphia, by the Exe24 00 cutors of the will of Stephen Girard. 7 114 18 From the will of Stephen Girard, it appears that, having made the city of Philadelphia his residuary devisee, 28 33 he was anxious that as large an income as possible should be derived from his real estate: to effect this object, he declares it to be his intention, that the square of ground formed by High and Chesnut, Eleventh and Twelfth streets, should be built upon and improved: It is not, however, in the will alone, that evidence of the testator's anxiety on this subject, is found: relying upon the strength of his constitution, and upon those simple habits, which had fostered the bounty of nature, he began in his eighty-second year, to improve the square 00 referred to; and made in relation to this part of his estate, such arrangements as it had been his practice to make when about to build upon others he caused the numerous trees upon the square to be cut down-he 7 150 caused preparations, now in the state of forwardness, for making bricks upon it to be commenced-he prescribed a general plan, according to which, the entire square should be built upon, and a particular plan for distinct classes of houses, as to position and dimensions -he engaged the services of several superintendents and agents, by some of whom work was begun, and by others of whom contracts were entered into-he made some contracts for lumber himself, directing the sizes according to the dimensions of the houses determined upon: but in the midst of these, and other such undertakings, the career of the beneficent projector, was arrested by the hand of death. |