Mr. BERRIEN, of Georgia, stated that it was desirable to ascertain the operations of the duties in various parts of the Union, and as some parts were not represented on this floor, he would offer a resolution to invest the Pres ident with discretionary power to invite persons capable of giving information, to a seat within the bar. The resolution was unanimously adopted, and the convention adjourned to 12 o'clock on Monday. Delegates from Connecticut appeared in the Convention to-day. The whole number who have inscrib. ed their names in the book is 201. 245 ward, Governor MILLER of South Carolina, asked what particular instructions were required. Mr. GALLATIN replied that he had nothing particular to say, except that doubts had arisen in the committee of the extent of their power-some supposing it extended to the drafting of memorials and addresses, and others believing that it extended no further than to the arrangement of business for the consideration of the convention. He had been instructed to ask information on these points. Governor MILLER requested that the resolution by which the committee had been constituted, should be read. The general or federative committee asked for instructions, which were given, limiting their powers to the Col. PRESTON of South Carolina moved that the compreparation of business for the consideration of the con-mittee should be limited to "reporting such objects as vention. ought to engage the attention of the convention," A motion was made and carried to provide seats for such ladies as might think proper to attend. MONDAY, OCT. 3. The minutes of the last meeting were read by the secretary. A number of new delegates appeared and subscribed their names. The President announced the names of several gentlemen whom, in the exercise of the discretionary power conferred on him by Mr. Berrien's resolution, he had invited to take seats within the bar. (Among the gentlemen mentioned by the President was Mr. Henry B. Sedgwick, a native of Massachusetts; but we believe for some time a resident of New York. He was the proposer of the Convention, through the medium of the New York Evening Post. A few weeks ago he was struck with paralysis. The disease does not affect his mind, and his interest in the objects of the convention being undiminished, he was conducted to his seat by the assistance of his servants and his friends,) Major EDWARDS of South Carolina said he understood the Convention would be honoured with the presence of the fairer and better part of the creation. He therefore moved that the President should be invested with power to make such arrangements as in his discretion he might deem necessary for the accommodation of such ladies as might think proper to attend. A gentleman from New York (Mr. P. F.) moved to lay the resolution on the table. He was supported by very few. The resolution was finally carried by general acclamation, only a single vote in the negative being distinctly heard. A letter was received from JoHN J. MUMFORD, Esq. of New York, stating that he had deposited in the ball, for the use of the members of the convention, five hundred copies of the report of the Committee on Commerce of the year 1829. Mr. GALLATIN, the chairman of the Federative or General Committee, reported that the committee were doubtful of the extent of the powers conferred on them -whether they had authority to draft a memorial to Congress, and an address to the people, or simply to prepare business for the consideration of the Convention. He had been instructed by the committee to ask for information on these points, and also to submit to the Convention a resolution for the appointment of a committee, consisting of one person from each of the states represented in the Convention, to prosecute before Congress the great objects which they had assembled to promote. When the resolution for the appointment of a perma nent committee to prosecute the case before Congress was submitted to the Convention, Mr. POINDEXTER said its phraseology was such as to imply the adoption of a memorial by the convention-and none had yet been adopted. He, therefore, moved to lay the resolution Col. SWETT of Boston, offered as an amendment to this resolution, a proposition that "the committee should be authorized to prepare drafts of a memorial, and such other papers as they might deem necessary." Col. PRESTON's motion was adopted. Col. PRESTON then inquired when the organic committee (as he believed he ought to call it) would be prepared to report. Mr. GALLATIN replied, that he was not able to say. He had requested the members of the committee to tarry after the adjournment. On motion of Mr. POINDEXTER, it was resolved that the Chief Justice of the United States (Judge MARSHALL,) now in this city, should be invited to take a seat within the bar of the house. Mr. POINDEXTER prefaced his resolution with a few remarks, expressive of the opinion which he, and we believe all the nation, entertain of the character of the venerable Chief Justice. A gentlemen announced the arrival of the members from Connecticut, and presumed that as they were but two in number, they should take seats with the Federative Committee. The President replied they should of course, unless some objection were made. The President laid before the meeting a document that had been forwarded from Lauderdale county, Alabama. It represented that the citizens of that county were decidedly opposed to the tariff-policy, but that it was inconvenient to them to send representatives.— They would, however, be bound by the proceedings of the convention, provided they were not of a nullifying character. They also suggested the holding of an annual meeting of the friends of Free Trade, the delegates to which should be apportioned among the several states according to the number of their representatives in congress. On motion of Mr. GALLATIN it was then resolved, that there should be a recess of an hour, to allow the Federative Committee an opportunity for deliberation. When the President resumed the chair, Mr. GALLATIN, the chairman of the federative committee, by direction of that committee, reported two resolutions, one directing an address to the people of the United States, the other a memorial to Congress, to be prepared, to promote the objects of the convention. These resolutions were adopted without a dissenting voice. Mr. MERCEIN of New York, then offered a resolution requesting the general committee, to have the memorial and address prepared, and submit them to the consideration of the convertion. It would, he believed, be conceded on all hands, that attendance in the convention, was very inconve nient to many of the members, and productive of great sacrifices. The sooner we can get through the business, the more satisfactory it will be to all. Mr. M. proposed to commit the duty of preparing the memorial and the address to the general committee, beWhen the resolution requesting information of the ex- cause it was already appointed, because it was well tent of the powers of the committee was brought for-qualified, and because, from the manner in which it on the table. had been formed, it possessed the means of ascertaining the exact wishes of the different states represented in the convention. An additional reason was, that some interchange of sentiment on the subject of the memorial and of the address had, he understood, already taken place among the members of the committee. The motion was adopted, 117 members voting in the affirmative. Mr. JONES of Georgia then offered a resolution, the gist of which was the absolute unconstitutionality of the "American System." Mr. CHARLES Q. CLAPP, of Maine, proposed a substitute, asserting the opposition of the "American System" to the spirit of the constitution. On motion of Mr. BASSETT, it was resolved to lay the resolution and substitute on the table. ples, and to disregard the instructions of those who sent me here. I do not insist on the precise proposition in which it may be said the constitution has been violated. It was enough that the constitution of a people had been violated-whether in spirit or letter was immaterial, I come instructed by constituents who know their rights, and will not consent to any compromises of principles, that will put them to jeopardy, and to yield the constitutionality of the measure might have that effect; and to forbear expressing our opinion on this point, might be construed into acquiescence, although not so intended. This question must be met, and if I refuse to meet it, I will go home to be consumed by the indig. nation of freemen who have sent me here to assert and maintain their rights. Mr. VETHAKE agreed to withdraw his motion to lay the resolutions offered by Mr. Poindexter on the table, to make way for the motion to refer them to the committee, on the distinct understanding that such refer. Mr, POINDEXTER of Mississippi, then offered a series of resolutions, expressive of the warmest attachment to the constitution, and a determination to defend it at all hazards from all foes external and internal; but insistence of them in no way implied any instruction on the ing on the principles of strict construction, declaring a constitution to be an instrument limiting the powers of the governors, and that when these limits were transgressed by the governors, the people ought not to submit. Mr. POINDEXTER offered to lay the resolution on the table, and Mr. VETHAKE of New Jersey, made a motion to that effect. Governor MILLER of South Carolina, thought this course would be improper. The resolutions purported to be instructions to the general committee, and if they were to have any effect, they ought to be discussed before the general committee made its report. Laying them on the table, might retard the proceedings of the committee. subject to the committee by the convention. He said he had no intention of expressing an opinion of the constitutionality or unconstitutionality of the restrictive system; but wished simply to stave off the discussion for the present. The committee, he had no doubt, would be able to meet the wishes, if not of all, of the great majority of the members of the convention. The discussion could be entered upon when the memorial and address were before the convention. all the resolutions to the general committee for considChancellor HARPER, of S. Carolina, moved to commit eration. Mr. CHEVES said that if the resolutions were to be re garded in, the light of instructions, he would give the preference to that of the gentleman from Georgia, (Mr. Jones.) The resolutions of the gentlemen from Missis principles of government, some of which it was unnesippi involved too much-they involved the whole cessary now to discuss. If the resolutions were simply committed to the general committee for consideration, we should be just where we are now; for the resolutions involved no opinions not familiar to all the members of the convention. The one was to make an express dethe committee. Two courses presented themselves to claration of the principles in distinct resolutions, and be governed thereby in the preparation of the memorials Mr. JONES of Georgia, in an animated speech, declared that the object of his resolution was to instruct the committee, aud the object of the resolutions of the gentleman from Mississippi, was the same. If it be proper to give any instructions to the committee, the sooner it is done the better. His object was to elicit the sentiments of the convention, in regard to the unconstitutionality of protecting and prohibitory duties. He had been especially instructed by his constituents to main tain the unconstitutionality as well as the inexpediency of the system. He had not known the object for which they were assembled, and it would be to little purpose if they were not to declare that the system was unconThe other was to embody the stitutional. The inexpediency of it, was, to his con- sense, intelligence, and local information of the memstituents, a minor consideration. We stand on the bers in distinct committees. As the object was to conprinciple of the unconstitutionality of the system. Bad sume the least time, the latter course had been adopted as our condition now is, hard as our burdens now are; by the convention. It was obvious, that there was but they are nothing to what they may be, if the constitu- one question which could agitate this body, and that tionality of the system be admitted. We had better was the question of the constitutionality of the restricnever have assembled, if by our silence on this point, it in some shape we must. tive system. The question cannot be evaded. Meet we leave it to be inferred that the act is constitutional, if by no other person, myself (unless I am forcibly siIt must be brought forward, and we are at the mercy of any congress if we only de-lenced) though I should prefer its being brought for clare it inexpedient. Col. BUTLER, of South Carolina, (who spoke with equal animation) said he hoped the resolutions of the gentleman from Mississippi would be referred to the committee, with their report. As far as that report went, he was perfectly satisfied. He feared it did not go far enough. The address and memorial to be drawn up by that committee, would breathe a tone, a spirit, that might satisfy his constituents. But, he observed, there was no allusion made in it to the question of the unconstitutionality of the tariff. My, constituents, said Mr. Butler, believe that it is unconstitutional, and believing so, it was a question of vital importance to them. I agree with my friend from Georgia, that it is necessary that this question should be decided in this body.I will go as far in the spirit of conciliation as any one.I am delighted with the spirit which I see pervades this assembly. I see a disposition to oppose the system of which we complain, and a spirit becoming the occasion. But I cannot go so far as to compromit princi and remonstrances. ward by another. It struck Mr. C. that the best way to bring it forward would be to suffer the committee to report, as discussion might now retard their pro gress. of opinion that it would be best to defer the discussion, Chancellor HARPER, of South Garolina, was decidedly till the committee had made their report. The resolu tion that had been offered might be regarded as mere hints for their consideration. Mr. BERRIEN, of Georgia, with a view of ascertaining whether the resolutions contained instructions to the committee, or mere suggestions, requested that they might be read again. The request was complied with, and then Mr. Berrien stated that the resolutions did not in his view, contain any thing absolutely binding on the committee or on the convention. He gave the preference to the resolution of his colleague (Mr. Jones,) but he would out of abundant caution, suggest a verbal alteration to 1831.1 METEOROLOGICAL TABLE. 247 his friend in order to meet the wishes of the members generally. The President stated that the committing of these resolutions would not bind the body. They might decide directly against them, if they thought fit. The resolutions of Mr. JONES of Georgia, Mr. CLAPP of Maine, and Mr. Poindexter of Mississippi, were then committed to the organic committee for consideration. On motion of Mr. PRESERVED FISH of New York, it was resolved that the Hon. JAMES BROWN, late Minister to France, be invited to take a seat within the bar. Mr. GALLATIN said that as the commitment of these resolutions imposed on the committee the duty of examining the subject matter referred to therein, he had been instructed to say the committee would not be prepared to report before Wednesday at 12 o'clock. The convention then adjourned to 12 o'clock on Wednesday. To be Continued. Tuesday 665 70 68 67! Wednesd 76074 74 69 Thursday 870767674 Friday 964747069 Saturday 10 68807674 Sunday 11 68 7874 73 Monday 12 58 68 64 63 Tuesday 13 56,66 64 62 Wednesd 1456 66 67 63 Thursday 15 64 65 60 63 Friday 16 58 58 56 57 Saturday 17 51|63|52|55| Sunday 1848 66 54 56 Monday 19 48 65 58 57 Tuesday 120 54 67 58 59 Wednesd 21 58 65 60 61 Thursday 22 5871 69 66 23.70 70 63 67 Saturday 24 55 65|60|60| WINDS. Tuesday SE Friday 268 69 68 68 Saturday 68 74'64 68 Sunday 4 57 67 65 63 60 64 60 61 NE Monday Friday Monday 26 60 65 62 62 Tuesday 27 58 64 54 58 Wednesd 28 5858|52|53| SW W NW On the 6th, 16, 17, 18, 19, and 21st, wind North; 4th 5,7, 20, and 22, North-east; 10th, 15, and 25th, East; 1st and 2d, South-east; 3d, South, 8th, 11, and 23d, South-West; 9th, 12, 13, 14, 24, 28, and 29th, West; 26th, 27, and 30th, North-west. On the 10th, noon, Thermometer at 80°-the highest. Range in the month, 42°. On the 18th, morn. Barometer at 29.80 in.,-highest. The wind has been 10 days East of the Meridian, 13 There was rain on 11 days of this month, viz: 1, 2, 8, 10, 11, 15, 16, 23, 25, 26, 27. The heaviest rains on the 2, 10, 15, 25, 26. A thundergust on the 10th,—a white frost on the 30th.-There were but 6 days, in the whole month clear, without clouds.-This month was 8° mean temperature, colder than last August, and 14° colder than September, 1830. The month generally cold and cloudy. PROCEEDINGS OF COUNCILS. THURSDAY EVENING, Oct. 6, 1831. SELECT COUNCIL.-Mr. LIPPINCOTT presented the annexed petition which was referred to the Paving Committee. To the Honorable the Select and Common Councils of the City of Philadelphia. The subscribers, residents, or whose places of business are in the neighbourhood of Dock and Walnut streets, respectfully represent that in their opinion the expensive work now in operation for the repairing of the Culvert, will not be effectual for the preventing of the evils they have been for years exposed to, unless another one is constructed, the present one being totally inadequate for carrying off the immense body of water that in heavy rains is brought down the two culverts, meeting in one point, and with but one old wretchedly constructed Culvert to carry off the whole. Your memorialists beg leave to state, as an unanswerable proof of the correctness of their assertion, that on the evening of the 26th, during a heavy rain both Culverts were filled, and the water not having vent rose to the top of the immense excavation, overflowing its banks. They therefore respectfully request that the Culvert in Walnut street be continued down that street to the river. They are aware that some of the Mean temperature and height from three daily ob- Proprietors of property near the wharf, consider this a 248 STATISTICS OF PRISON AND CRIME. however respectable, and which may prove entirely groundless. Mr. Massey offered an ordinance relative to the Robert Morris Hose Company, which places it on a footing with other companies. Mr. Toland offered the following resolution, which was passed by both Councils. Resolved, by the Select and Common Councils, that the Mayor be and is hereby authorized to draw his warrant on the City Treasurer, in favour of the several City Constables, being for expenses incurred at the Ward Elections, held on the 30th ult. Mr. Massey offered the subjoined ordinance, which was read and laid on the table. An Ordinance for regulating the setting and re-setting Mr. Kittera offered the following resolution which was unanimously adopted. [Остовк those persons paying rent for the stalls will have their produce nearly in as much danger of getting wet as if they had no shelter; they therefore offer the following resolution: Resolved, That the City Commissioners be requested to have the roof on the north side of the Market House between Third and Fourth streets, newly shingled. Mr. OLDENBURG as Chairman of the Committee to whom was referred the communicntion of WILLIAM RUSH, Esq. made the following report and resolution accompanied by the annexed extract from the minutes of the Wardens' Office, which were agreed to. The Committee to whom was referred the commu nication from William Rush, Esq. respecting the River Schuylkill, report: That they have communicated with the wardens of the port on the subject, and herewith annex an extract from the minutes of the said wardens. The Committee deem the subject of considerable importance to the City, therefore beg leave to offer the following resolu tion. Resolved, That the subject be referred to the early attention of the next Councils. Wardens' Office, Philadelphia, 29th Sept. 1831. Extract from the minutes, viz: "Resolved, by the Board of Wardens, that the com munication made to Councils by William Rush, Esq. and submitted to this Board by the Committtee to whom the same was referred, contains some very important suggestions relative to the improvement of the River Schuylkill, which entitle it to the most respectful con. Resolved, That the thanks of the Council be tender.sideration. ed to John M. Scott, Esq. their President, for the faith. ful manner in which he has discharged the duty of the Chair during the past year. COMMON COUNCIL.-Mr. Baker presented a petition for paving Shoemaker street, which was referred to the Paving Committee. Mr. Johnson presented a petition from George Bumm, which was referred to the Paving Committee with power to act. Mr. Johnson as Chairman of the Committee for the purchase of wood for the necessitous poor, made the annexed report and resolution which were adopted by both Councils. The Committee to whom was referred the purchasing of wood for the necessitous poor, report: That they have purchased of Benjamin Duncan, one hundred cords of oak wood, at $4 40 per cord. Cordage, Hauling, Piling, Total, $440 00 6 00 75 00 18 75 .$539 75 They beg leave to offer the following resolution: Resolved, By the Select and Common Councils, that the Mayor be, and he is hereby authorized to draw his warrant on the City Treasurer, in favor of Benjamin Duncan for the sum of five hundred and thirty-nine dollars seventy-five cents, and that the same be charged to the funds left in trust to the Corporation of the City of Philadelphia, for the purchasing of wood for the necessitous poor. Mr. BAKER, as Chairman of the Committee on Markets, made the annexed Report and Resolution which were not agreed to. Ayes 6. Nays 8. The Committee on Markets to whom was referred the petition of a number of persons holding stalls in the Market House, between Third and Fourth streets, Report: That they have examined the roof of said Market House, and are of opinion that the roof on the north side of the Market is in a state of decay, and if the same is not repaired will cause the plastering to fall off, and Resolved, That it is expedient, in the opinion of this Board, that application be made to the Legislature at their next meeting, for a law to affix and determine the line of low water mark on said River; and also, to make the necessary provision to prevent the construction of any wharves or piers on the said River Schuylkill, which shall not leave a free and unmolested passage for the water between the Eastern and Western shores thereof, of at least feet to be determin ed by survey." Attest, THOS. JACKSON, Clerk. Mr. JOHNSON, offered the following preamble and resolution which were unanimously adopted, and which he prefaced with a very handsome and complimentary address in favor of the presiding officer of the Common Council. Whereas the disinterested, unassuming and dignified conduct of the presiding officer of the Council, has contributed much to the harmony and good feeling which prevailed among its members during the present session. Therefore, Be it resolved by the Common Council of the City of Philadelphia, that the thanks of its members individually and collectively,are lue to James Page, Esq for the able, dignified and impartial manner in which he has discharged the duties devolved on him as president of this Council. STATISTICS OF PRISONS AND CRIME. The "Society for alleviating the miseries of prisons," has for several years collected facts respecting crime in this state, and has annually published the result in very interesting series of tables-which will be found in Vol. 1, 2 and 5, of the Register. To their industry and zeal we are indebted for the following tables, exhibiting the state of the prisons, and of crime, for 1830. They merit the serious attention of our readers. If continued, as we hope they will be, these tables will in a few years embrace a body of facts of great value to the philanthropist and political economist—which but for the exertions of the Society, would probably never have been collected. Circuit Court of the United States for the Eastern District of Pennsylvania-of the Mayor's Court for the City of Philadelphia-of the Court of Quarter Sessions for the County of Philadelphia-and of the Court of Oyer and Terminer for the City and County of Philadelphia. 31 30 1 9 2 19 116 110 6 43 13 54 3 2 1 2 6 6 61 5 604 510 94 297 64 149 623 468 155 264 58 146||25 19 613 6 0 17 17 0 8 6 3 473 374 99 224 56 94 507 363 144 205 60 98 2218 415 3 0 30 26 4 5 8 13 434 320 114 184 66 70 569 420 149 20497 119 28 22 613 5 4 4 4 0 0 3 1 In this case the Judges were opposed in opinion, and the case was sent to the Supreme Court of the United States. In these cases many of the defendants could not be found. |