"O race to death devote! with Stygian shade BANK OF THE UNITED STATES. Extract from the annual Report of the Secretary of the Treasury of the United States, December 7, 1831. It will be thus perceived that the Government has the means, if properly employed, of reimbursing the whole of the public debt by purchase or otherwise, on or before the 3d of March, 1833. The moral influence which such an example would necessarily produce throughout the world in removing apprehension and inspiring new confidence in our free institutions cannot be questioned. Seventeen years ago the country emerged from an expensive war,encum. bered with a debt of more than one hundred and twenty-seven millions, and comparatively in a defenceless state. In this short period it has promptly repealed all the direct and internal taxes which were imposed during Yet, warn'd in vain, with laughter loud elate, the war, relying mainly upon revenue derived from imThe peers reproach the sure divine of fateports and sales of the public domain. From these Let my feeble voice, then, be added to that im- sources, besides providing for the general expenditure, the frontier has been extensively fortified, the naval pulse which urges to the total disuse of the poison of and maritime resources strengthened and part of the ardent spirits. They are to be denounced as the cause of debt of gratitude to the survivors of the revolutionary sickness, poverty, disgrace and mortality; while it is war discharged. We have moreover, contributed a equally undeniable that they contribute nothing to the large share to the general improvement, added to the extent of the Union by the purchase of the valuable useful strength of the labourer. There is no hesitation Territory of Florida, and finally acquired the means of in giving it as medical opinion, that the employment of extinguishing the heavy debt incurred in sustaining the them is altogether unnecessary to him, and does not in-late war, and all that remained of the debt of the revocrease his ability for serviceable toil. For a while, they exhilarate the mind, and remove the sense of pain and fatigue; but this is only to land the patient in a state of greater exhaustion. Let us then urge all among us totally to shun these substances, which form such an absorbing vortex of destruction to those who approach them, slow as the circumference, but rapid and headlong at the centre to which it tends. lution. The anxious hope with which the people have looked forward to this period, not less than the present state of the public minds and the real interests of the community at large, recommend the prompt application of these ly with a proper regard for other important considerameans to that great object, if it can be done consistenttions. Of these means, as has already been shown, the shares owned by the Government in the Bank of the United tution had eeased to be nominal merely, and the shares form a part of the fiscal resources applicable to the public demands. Let your members not be discouraged by the circum-States are an indispensable part; and, that for the reimbursement of the debt within the period contemplated, stance of their belonging to the younger portion of the it will be necessary to effect a sale of them for a sum not community. These are precisely the best materials for less than eight millions of dollars. reform. Those, who have yet constitutions to save and The stock created by the United States for their subscription to the Bank, having been actually paid previcharacters to establish, are to compose the next geneously to the 1st of July last, their interest in that instiration. I was strongly impressed with a phrase once used in another association, the members of which, chiefly of the younger class, had heard themselves styled "men of yesterday." It was retorted that we were the "men of to-morrow." Yes! Mr Chairman, we are the men of to-morrow. It is upon the young that the struggles and the active business of life devolve in every age and country; and in no part of the world is this more conspicuously the case than in the rapidly growing community of America. The term "Senator" has with us become a solecism. We have not old men enough to fill our public offices; and the duties public and private of the state are by compulsion relinquished to their juniors. Let your hands then be strengthened to persevere; and let this village of Kensington, the The objects connected with the early reimbursement of the public debt are more important than the interest of the Government as a mere stockholder; and it is therefore respectfully recommended to Congress to authorize the sale of those shares for a sum not less than 8,000,000 of dollars. A sale of so large an amount in the public market could not be expected to produce more than the par value, and if attempted under circumstances calculated tution, would, in all probability, prove wholly abortive. to shake public confidence in the stability of the instiFor these reasons, it is deemed advisable to effect a sale to the Bank itself,-a measure believed to be practicable on terms satisfactory both to the United States and that institution. In submitting this proposition to the wisdom of Conseat of the most honourable transaction recorded in mogress, it is not intended that its adoption should be dern history, be foremost in the race of improvement, founded on any pledge for the renewal of the charter of In this town, and perhaps, in this very spot,one hundred the Bank. Considering, however, the connexion of and fifty-eight years ago, were encamped the swarthy subject as a necessary part of the plans for the improvethe proposition with the bank, and viewing the whole tribes who executed the celebrated treaty of Shacka- ment and management of the revenue, and for the sup maxon. Their forms and almost their nations have de-port of public credit, the undersigned feels it his duty parted. Let the reform for which we are this day as sembled diminish the regrets of the philanthropist, in evincing that Providence has replaced them by a more virtuous as well as a wiser race of human beings. to accompany it with a frank expression of his opinions, The act of Congress to establish the Treasury DeTreasury to digest and prepare plans for the support of partment makes it the duty of the Secretary of the public credit,and for the improvement and management 1831.] BANK OF THE UNITED STATES. of the revenue. The duties enjoined, as well by this ness. On this supposition, the first Secretary of the Treasury, in his memorable reports of January and December, 1790, recommended a national bank as "an institution of primary importance to the finances, and of the greatest utility in the operations connected with the support of public credit;" and various communications since made to Congress show that the same views were entertained of their duties by others who have preceded him in the department. The performance of the duties thus enjoined by law upon the Secretary of the Treasury, implies however, no commitment of any other department of the Government; each being left free to act according to the mode pointed out by the constitution. The important charge confided to the Treasury Department, and on which the operations of the government essentially depend, in the improvement and management of the revenue and the support of public credit: and of transferring the public funds to all parts of the United States, imperiously requires from the government all the facilities which it may constitutionally provide for those objects, and especially for regulating and preserving a sound currency. As early as May, 1781, the Congress of the United States, convened under the articles of confederation, approved the plan of a National Bank, submitted to their consideration by Mr. Morris, then superintendent of the finances, and, on the 31st of December of the same year, "from a conviction of the support which the finances of the United States would receive from the establishment of a national bank," passed an ordinance incorporating such an institution under the name and style "of the President, directors, and company of the Bank of North America." The aid afforded by that institution was acknowledged to have been of essential consequence during the remaining period of the war, and its utility, subsequent to the peace, of little less importance. 411 The present institution may, indeed, be considered as peculiarly the offspring of that necessity springing from the inconveniences which followed the loss of the first bank of the United States, and the evils and distresses incident to the excessive, and, in some instances, fraudulent issues of the local banks during the war. The propriety of continuing it is to be considered not more in reference to the expediency of banking gene rally, than in regard to the actual state of things, and to the multiplicity of state banks already in existence, and which can neither be displaced, nor in other manner controlled, in their issues of paper, by the General GoThis is an evil not to be submitted to; and the remedy at present applied, while it preserves a sound currency for the country at large, promotes the real interests of the local banks by giving soundness to their paper. If the necessity of a banking institution be conceded or shown, that which shall judiciously combine the power of the government with private enterprise, is believed to be most efficacious. The Government would thus obtain the benefit of individual sagacity in the general management of the bank, and, by means of its deposites and shares in the direction, possess the necessary power for the prevention of abuse. It is not intended to assert that the Bank of the United States, as at present organised, is perfect, or that the essential objects of such an institution might not be attained by means of an entirely new one, organised upon proper principles, and with salutary limitations. It must be admitted, however, that the good management of the present bank, the accommodation it has given the government, and the practical benefits it has ren. dered the community-whether it may or may not have accomplished all that was expected from it-and the advantages of its present condition, are circumstances in its favor entitled to great weight, and give it strong claims upon the consideration of Congress, in any future legislation upon the subject. To these may be added the knowledge the present bank has acquired of the business and wants of the vari. ous portions of this extensive country, which, being the result of time and experience, is an advantage it must necessarily possess over any new institution. It is to be observed, moreover, that the facilities of capital actually afforded by the present institution to the agricultural, commercial and manufacturing indus. try of all parts of the Union, could not be withdrawn, even by transferring them to another institution, without a severe shock to each of those interests, and to the relations of society generally. To similar considerations, it may be presumed, is to be traced the uniform policy of the several states of the Union of re-chartering their local institutions, with such modifications as experience may have dictated, in preference to creating new ones. Should any objection be felt or entertained, on the score of monopoly, it might be obviated by placing, through the means of a sufficient premium, the present institution upon the footing of a new one, and guarding its future operations by such judicious checks and limi tations as experience may have shown to be necessary. These considerations, and others, which will be ad The authority of the present Government to create an institution for the same purposes,cannot be less clear. It has, moreover, the sanction of the executive, legislative and judicial authorities, and of a majority of the people of the United States from the organization of the Government to the present time.-If public opinion cannot be considered the infallible expounder, it is among the soundest commentators of the constitution. It is undoubtedly the wisest guide and only effective check, to those to whom the administration of the constitution is confided: and it is believed, that, in free and enlightened states, the harmony not less than the wel-verted to in a subsequent part of this report, the expefare of the community, is best promoted by receiving as settled those great questions of public policy in which the constituted authorities have long concurred, and in which they have been sustained by the unequivocal expression of the will of the people. rience of the Department in the trying periods of its history, and the convictions of his own judgment, concurring with those of the eminent men who have preceded the undersigned in its administration, induce him to recommend the expediency of re-chartering the preThe indispensable necessity of such an institution for sent bank at the proper time, and with such modificathe fiscal operations of the Government in all its depart-tions as, without impairing its usefulness to the govern ments, for the regulation and preservation of a sound currency, for the aid of commercial transactions generally, and even for the safety and utility of local banks is not doubted, and, it is believed, has been shown in the past experience of the Government, and in the general accommodation and operation of the present bank. ment and the community, may be calculated to recommend it to the approbation of the Executive, and, what is vitally important, to the confidence of the people. Should Congress deem it expedient to authorize the sale of the bank shares for a sum not less than eight millions of dollars, the reimbursement of the public debt on or before the 3d day of March, 1833, may be confidently anticipated, and, from that period, the antount of revenue applicable to that object will be no longer required. gardeners. Roseman bought 60 head of cattle from John Dean, in Salem county, last June, he told me so himself; I suspect they are on the farm yet; Roseman said they would not cost more than five dollars perlinndred; would make fat cattle, before the season expired they are to remain on the farm until they get fat; I know of no partnership between Dean and Roseman; Roseman was never a farmer while I knew him. [In relation to another defendant-Mr. Johnson-Mr. Shaffer deposed as follows:] BENJAMIN WEST.—We learn that the venerable revo-al butchers understand that when cattle are bought, lutionary Major Gibbon, of Richmond, in Virginia, recently sent to our townsman Mr. Roberts Vaux, a bust of Mr. West, by Chantrey, with a request that it should be presented to one of the public institutions in this state. Mr. Vaux very properly selected the Pennsylvania Hospital, as the appropriate depository of the ex cellent likeness of the celebrated phunter, who not only honored that ancient and noble charity, but augmented its funds, by the presentation of his great picture, of "Christ healing in the Temple." The bust has been placed in the building where the work of the distinguished artist, and benefactor of the Hospital is exhibited, with the following inscription. "BENJAMIN WEST. "Born in Pennsylvania, A. D. 1738. "Died in London, A. D. 1820. "Presented by James Gibbon of Richmond, Virginia, A. D. 1831." The natural, and liberal sentiment, which, no doubt, induced Major Gibbon to commit the keeping of this valuable bust to Pennsylvania, will be fully and generally appreciated, when it is recollected that he is himself a native of Philadelphia —Philadelphia Gazette of November 30. From the Saturday Evening Post. PHILIP WORN, Clerk of the] the Mayor, Aldermen, and V8. GEORGE ROSEMAN, Counsel for Commonwealth-Messrs. D. P. Brown, Defendant was charged with occupying a stall in the Jersey market, under pretence of being a farmer. The stalls in that market being reserved exclusively, by the ordinances of the city, for the use of farmers, bringing the produce of their farms to market, no butcher is en titled to hold one. Christian Shaffer sworn-I know Roseman, he is a butcher, and follows the businesa as regularly every day as any other butcher who goes to market; stands in the Jersey market; I think at No. 9, on the north side; I know he is not a farmer; he lives in Camden, N. J.; keeps a store; has no farm, or had not three weeks ago; he killed cattle at Wm. Paul's Ferry, regularly every day; Mr. Barnes, and I, and Mr. Roseman killed there; Roseman bought from Mr. Tumbleston, 2900 dollars worth of cattle between first of January last and this time. He drew them every other Monday, or 1 bursday, the same as every other regular butcher; I have known him to sell these cattle here; I saw him last Saturday in market. About the middle of June he bought 182 head of cattle, he and Barnes together; has no farm to feed them on, Roseman pays 45 dollars a year rent, to the Commissioners. Cross-examined-In the forepart of January last, he bought cattle of Tumbleston; killed them in Camden; kept them at Paul's barn yard in a pen; fed them on hay; gave them no corn, as I seen; I know he sold the same cattle in the market, Roseman had a farm a few miles from Camden; traded it in January last to a woman in Camden; bought it from Dallet; I never knew of his leasing a farn; I am certain he had no place before three weeks ago; he sold the farm before he bought the cattle. I call a man a farmer who owns from 50 to 3 or 400 acres of land; men who own less than 50 acres I call Johnson was selling mutton and lamb last Saturday, I do not know where he got it; he sold by joint or pound, as other butchers do; I bought mine for my own use: Johnson told me if the butchers should take him up, or if any accident should happen, he would go to Paul Scull to be licensed as a farmer; he meant by a license, that Scull would lease him a farm if he got found out; we had this conversation when killing together; Johnson bought cattle of Scull; he said he knew he had no right to sell in the Jersey market, but that the matter was all fixed with Scull; Paul Scull is willing to license me as well as Jolinson; Barnes and Scull were in partnership last year. George Kline, sworn.I know George Roseman; should call him a butcher; he lives in Camder, and stands in the Jersey market; sells beef same as other butchers; has no farm; raises no cattle; buys all his cattle; he bought a lot of Tun bleston; he kills at Paul's Ferry. [In relation to Barnes, another defendant, Mr. Kline deposed as follows:] I know Barnes; he is a butcher; I never knew him to own a farm, he lives at Paul's Ferry, Camden; buys his cat le sometimes in Jersey, and sometimes on this side of the river; I was once in his employ, and have fre quently got up at the dead hour of night, to drive catthe up to Kensington, and thence across the river, to prevent the butchers from seeing; I have done so not less than twice. Cross examined.-A farmer is a man who owns a farm, and raises his produce from the ground. [To a que tion by Defendant's counsel, witness said he never heard of Cincinnatus.] Daniel Holtzman, affirmed.-Roseman is, I presume, a butcher; he has bought cattle in Salem county, where I also have purchased. William Pipple, sworn-I know Roseman; always understood he was a butcher; have seen him in market seiling beef. Cross-examined.-I know of no fund raised by the butchers to carry on this prosecution; there is a butch er's society; the members pay 124 cents per month; i do not know what is done with the money. James Read, affirmed.-I have known Roseman for nearly twenty-five years; he lives near Camden, and follows butchering; I have seen stock driven to Roseman's; I know he moved. from Camden; I believe he swopped his farm for a house and lot in Camden; has three lots; they are putting buildings on one; lots are large enough to put half a dozen cattle on; not to graze, however; they are building lots. George Lowry, sworn.-I know Roseman; he is a butcher; he buys his cattle sometimes in Jersey, and sometimes on this side of the river; he slaughters generally in Camden, I know the Johnsons; [other defend ants, they follow butchering; kill sheep, lambs and calves; will sell by the half pound, if you want it; I saw them in market last Saturday, George Krouse, sworn.—I lived with Mr. Barnes about a month, six months ago; he had no farmı; killed at Caniden; was a butcher, and employed me to assist him. I lived with Roseman five years; he had a farm, but sold it some time ago; he bought cattle all about the country; some on this side the river, which he took over and slaughtered; I have brought the meat to market, and sold it; I never knew Roseman to raise cattle on his farm, Cross-examined.--Roseman's farm was five or six acres, and a swamp; never knew him to have any other farm, except where he bought eattle; when cattle are bou, ht, grass to feed them is also purchased; the best are taken and killed, and the others left to improve; sometimes a part of a lot is left three or four months; all butchers do so, and draw cattle to kill, as they want. [The examination of witnesses on behalf of the prosecution, was here closed.] ON BEHALF OF DEFENDANT. Paul Scull, affirmed—I am a farmer or grazier; I own five hundred and fifty acres of land; some I use for grazing, and some for tiling; I raise Indian corn, wheat, rye, &c.; have from seventy to ninety acres in corn every year; Mr. Roseman has bought cattle of me; bought the grass also to feed them on; cattle to run from time of purchase to New Year's; some poor, some in good order; none fat; Roseman has cattle on my grass now; he bought them in July, to run till Christ mas or until the end of the season; I have known farmers purchase cattle in the winter and sell them at their stalls without running out lo graze; I never offered to lease a farm to Christian Shaffer; butchers commonly buy their cattle at a drove yard; I have known Roseman for ten years; he sells beef in the market; I have not seen him farming for the last ten years, as I live so tar off; I have not seen him superintend a farm; he bought cattle of me some years ago; and I saw the same catile on his farm; I consider him a farmer; I have sold him fifty-eight head this year; never saw him kill; his slaughter house is in Camden; I heard of this prosecution in Jersey; every body in Jersey knows of it; I never have sold cattle to regular butchers; I frequently tend market; there is beet generally sold on the stall; the stall (No. 20 Jersey Market) is taken in the name of John Barnes and myself; I bought apples to-day; some time last winter I was up with poultry; I never knew Roseman to stand at that stall; don't recollect that I ever spoke to any person about making them farmers; Rosenian bought the grass with the caule; I never sold grass with cattle when they were taken away immediately; last year I furnished John Barnes with beef; he killed the beef for me; I had about eighty head last year; he acted as my agent; I gave him a certain share of the profits. [To the question, "What is the differ ence between a grazier and a farmer?" witness replied: "I do not think there is any difference. Joseph Bonaparte is a farmer-if he came to market and sold his beef, he would still be a farmer. The Jersey farmers do not think that Roseman and the other defendants have violated the privileges of farmers; they complain that the Philadelphia butchers interfere with them."] John Dean, affirmed-1 call myself a farmer; I have about three hundred acres; Roseman has bought cattle of me; some time in last June he came to my house to purchase; he walked into the meadow, as he wanted to see the quantity and quality of the grass; I marked out the ground allotted to cattle; we bargained, and I said I would not put other cattle on the grass; he was to draw from the lot as he wanted. 413 he took her up to fatten; the farm was on the road from Haddonfield to Moorestown; Roseman lives in Plumb. street, Camden; keeps house; in September of last year he traded his farm for a lot in Camden; he follows selling meat and farming; he took a farm of Gilmore this fall, on a lease. Arthur Green, affirmed-I sold Roseman forty head of cattle on the eighth of June last; the cattle were not all fit to kill; Roseman was to have a certain portion of grass for the cattle; to be taken away as he wanted them. Joseph Gilmore, sworn-Mr. Roseman has leased land of me; sixteen acres sown in corn and turnips by Roseman; I let it to him last month, since this suit commenc ed; Roseman lives in Plumb street, Camden; kills at the terry; his lot in Camden is forty by sixty feet, no turnips growing on it; I saw him have cattle in pasture, he follows butchering; I rented him the sixteen acres about the leventh or twelfth August; he went on it immedi ately; he took it on Saturday, and began to sow on Monday. William Goodin, affirmed—I am a farmer and graizer; I have near four hundred acres of land in Salem county, N. J.; I have been in the habit of selling cattle to Mr. Roseman for better than nine years; I have sold him some this season; they are grazing on the island, of which they have the exclusive privilege; the island contains ninety-two acres; I do not consider myself at liberty to put my own cattle there until they go off; they were bought in June, and have the whole season to run; the cartle were poor; Mr. Roseman has drawn six head a month ago; I have always dealt with him in the same way: the cattle were poor when I sold them; I should place him as a farmer or grazier; I suppose he was a grazier; I expect I have sold cattle to regular butchers on the same terms; I believe it is the general mode of selling; I don't know of a single instance of a farmer who had lan i of his own purchasing cattle and leaving them to be fattened on land belonging to others; I suppose myself a farmer and grazier; I suppose Mr. Roseman bought the cattle for his own purpose as a butcher; it is likely I called him a butcher; I suppose I called him a butcher. Jacob Ludenhar affirmed-Mr. Roseman is in the habit of buying poor cattle, he has bought two cows this year; he bought from Mr. Keen and Sarah Smith; I believe he is always ready to buy poor cattle; I am a grocer and live in Camden; Mr. R's slaughter house is in Camden; he has lived in Camden about two years; not always in the same house; he lived in Federal street; he had no objection to buying poor cattle; I have seen him at his stall in the market; I have not known him to be engaged in farming for the two last years. Elijah Dallett, sworn-I have sold Mr. Roseman twenty-eight acres of land; it is four miles from Camden, near the shore: next March will be three years since I sold it; I have knowledge that he sold it to Baker or Barker; I think I gave the deed to Mr. Barker, and not to Mr. Roseman; Mr. Roseman sells his tallow to me; I have known a farmer to sell as much tallow to me as Roseman. Cross-examined-This is the only sale I made to Rose- David Woelpper, sworn-I have known Mr. Roseman man; he is a farmer and a butcher too; I have never seen ten years; I have seen him in market; he is a butcher; his tarm; I have seen him seil beef; I have sold cattle to I have heard great complaints among the farmers thousands. It is common for butchers to allow their themselves on the subject; it is quite common for butchcattle to remain until they draw them; I have solders to buy cattle and leave them to fatten; it is not at Cattle to butchers in Philadelphia, not fat; sold them all uncommon for butchers to have grazing fields; I do to Roseman, and allowed them to graze, to the ex- not consider such as farmers; I have about twenty-seven clusion of other cattle; no rent; made no distinct charge acres of land, and feed about twenty head of cattle; the for grass; do not know where Roseman lives; I drove the commissioners would not grant me a stall in the Jersey catule purchased by Roseman, part of the way to Cam-market, or among the farmers; I have known Roseman den; Roseman had the privilege of putting other cattle on the grass. J. Luxley Reese, affirmed-I have known Roseman for 4wo years; have sold him cattle; sold him a cow which he took to his farm six miles from Camden; I saw five or six other cattle grazing there; the cow was poor, and frequently to buy cattle in Salem county fit to kill; ! would call Mr. Girard a farmer to a certain extent; I have never known a farmer to graze his cattle and feed and sell them; 1 never knew a man who merely kept a field for grazing, called a farmer in my life. Henry Boraeff, sworn-I have two hundred and twen 1798, appropriates this market house for the inhabi tants of New Jersey exclusively." ty acres, and feed one hundred and fifty head of cattle; I am a butcher; I never knew a grazier or a farmer to buy cattle; I have bought five hundred head of cattle Ry the ordinances of the 26th of September 1822, it and let them go to get fat; I am not a farmer; it is a is enacted, "That the City Commissioners shall rent the custom perfectly understood, that when butchers buy s'all and eve stands in the Jersey market house in High poor cattle, taey run to improve; it is the very distinc- street, to farmers of New Jersey, for the purpose of ex. tion between butchers and farmers; I have known Mr.posing the produce of their farms or gardens for sale, Roseman in market for seven or ten years; he is a butch- and to none others, any existing ordinance to the con er; cuts up and sells as I do; there are heavy complaints trary notwithstanding." made against his encroaches, made by citizens as well as by the butchers; the Pennsylvania farmers are not pleased with Roseman; "Roseman the butcher," is always spoken of; I call myself a grazier as to what I do in fattening cattle. William Cooper, affirmed—I sold Roseman thirty-six head of cattle, Roseman has six acres of land at Mount Meadow; I can't say whether he is a farmer or a butcher; I never saw him engaged in farming operations; I have sold to regular butchers as well as to Roseman. It was contended on the part of the Plaintiff 1. That the defendant was not a farmer within the tendment of any of the ordinances made in regard to the Jersey market. That he owned no farm and raised no produce for the purpose of bringing it ts market. That the cultivation of the earth was not his principal occupation, and it was not the object to which he devoted his time and attention. That inasmuch as the defendant, Roseman, was in the constant habit of exposing butchers' meat to sale in the Jersey market, which, according to the evidence, was not raised upon his farm, that he was acting in violation of the ordinance of the 29th of September, 1822, and was liable to the penalty inflicted by ordinance No. 145 upon persons occupying stands in the market not appropriated to his use. By the ordinance of the 28th of March, 1822, it is enacted, "That if any person shall use or occupy any stand or space within the limits of the markets of this city, other than that which is or may be appropriated for such person, he shall forfeit the sum of five dollars,&c." The question raised is, as to the profession or occupa tion of the defendant. If not a farmer of New Jersey, he is plainly excluded by the ordinances; nor does the circumstance of his having rented under the City Commissioners affect the law or his right under it. The profession or occupation of a man should be de. in-termined by his habitual engagements, or from the bus iness by which he derives his support and income. It is not alleged that defendant owned or cultivated a farm at the period of the commencement of his suit: nor is any evidence given of his engagements in farming occupations. It is alleged, however, that he pur chases cattle and fattens them on the farms of others, and that this constitutes him a farmer. It has been proven such is the constant practice of butchers generally, It is clear that all the farming engagements of defen. dant, if such they may be called, are subsidiary to his business as a butcher; and a decision that would admit him to the privilege of a farmer in the markets, would extend the same privilege to many of our butchers, and 2. That the defendant, Roseman, was a butcher in the thus annul our most salutary regulations. Several witdisguise of a farmer. That all the evidence went to nesses for the prosecution testify that defendant is a shew that he was constantly in the habit of purchasing butcher, that he follows butchering as other butchers large numbers of cattle-of slaughtering them in Canido: James Reed, who lives in Camben, (where defen den, and of bringing them to the Jersey market, and ex- dant resides) testifies that he has known him for several posing the meat to sale there. That the testimony on years-that he sees him daily; that he follows butcher. the part of the prosecution had not only shown that in ing aud nothing else. The convenience of farmers, June, a short time prior to the institution of the pro- renters of stalls is amply provided for, by that provision ceedings against the defendant-that he had purchased of the ordinances which allows them to sell at ther proninety-one head of cattle from Tumbleson-but that the per stalls, by agents or deputies. The defendant is not witnesses produced on the part of the defendant himself a deputy or agent, and his profession or occupation, had proved, that the defendant had within a short time, excludes him from the occupancy of a stall in the Jer. (say within six months of the time of instituting the pro- sey market, and subjects him to the penalty of the or secution) purchased more than two hundred head of diance of 28th March, 1822, by such occupancy. cattle of different persons; that he had no lands of his own or under lease upon which such numbers of cattle could be glazed, and that as it was evident that the greater part of them had been killed and sold in the Jersey market, the vocation of the defendant was sub. stantially that of butcher and not that of a farmer. For the Register of Pennsylvania. At the present time, when efforts are making to es tablish another Library, it may be acceptable to the pre-public to learn precisely the nature of the foundation of the L'ganian Library, the value of which the writer of this believes is as little appreciated as the facilities it affords the student without any expense are unknown. 3. That he was not an agent. That it was not tended that he was a Jersey farmer selling the produce of other Jersey farmers with his own produce. That he was not an agent or person employed by any person renting a stall or stand, who did not find it convenient to attend to the market personally. The counsel for the defendant failing to invalidate these positions, the Mayor gave the following as his decision. DECISION OF THE MAYOR. James Logan, the friend and confidential agent of Penn, was a gentleman of enlarged mind and liberal views. Being a scholar in the true sense of the word, he turned his attention to accumulating valuable books rather than money, and the taste and judgment he displayed in this laudable pursuit will transmit his name with honor to posterity. By corresponding with The defendant is charged with occupying a stand in his learned European contemporaries, and by a very the Jersey Market not appropriated to him. The Le- liberal expenditure, he formed a library of his own gislature has in several acts of Assembly, designated which even at this day has no rival in America, in its the portions of the market houses that may be occupied particular departments. Influenced by a praise-worthy by country people, and those appropriated to butchers. desire to extend the benefits of learning among his In pursuance of the authority vested in them, and in fellow citizens, he conveyed to trustees by deed in accordance with the spirit of the aets of Assembly, the 1745 certain estates therein named, together with his councils have enacted various ordinances, assigning books. The library was then in Sixth st. near George. places and establishing regulations for persons of differ- The building and lot and books were given in the deed ent occupations, attending the markets. The market for the use of the inhabitants of Philadelphia; and for house, occupied by defendant has been the subject of the support of the said institution, by the same deed he special provisions. The ordinance of 29th of March, ❘ vested in the said trustees certain rents charge therein |