Semi-annually.

8. American Register, or General Repository of History, Politics and Science. Commenced in 1806. 7 volumes.-C. and A. Conrad. Price $3 25.

Occasional Law Reports.

Reports of cases adjudged in the Supreme Court of Pennsylvania. By Horace Binney. Farrand and Nicholls. Two volumes have been published, Price $6 each.

Reports of cases adjudged in the Court of Common Pleas, of the first district. By P. A. Browne. 1 vol.-D. Hogan. Price $3.

Former Government of Philadelphia.

The first frame of Government published by Penn in England, for his new Province, had evidently been drawn from the celebrated "Oceana" of Harrington; a work which theoretical writers have supposed, exhibits the best picture of a perfect Commonwealth. Penn soon found upon bringing his principles to the test of experience, that they were not suited to the multiplied wants of men bustling in the scenes of active life, nor to calm the jealousies and contending interests of a people engaged in the arduous task of subduing the wilderness.

The government was vested in a Governor, and freemen constituting a council; one third of which was to be chosen for three years, one third for two years, and one third for one year, in such a manner that there should be an annual succession of twenty four new members. The council was to consist of seventy two members, to be chosen by the freemen; the governor, or his representative was

to be perpetual President, but only had a treble vote. The general assembly in the true democratic style, was at first to consist of all the freemen; afterwards of two hundred, and never to exceed five hundred.

This singular frame was abolished in a few months after the arrival of Penn, and another granted on the second of April 1683: but such was the difficulty of either fixing on the most eligible form, or of fully satisfying the adventurers, that this was also given up, as well as another passed on the seventh of November 1696; and it was not until the year 1701,* during the last visit of the proprietary, that the charter was granted which lasted until the commencement of the American revolution.

The charter of the city of Philadelphia was dated the 25th October 1701. Before that day, Philadelphia was called the town.

By this charter William Penn nominated the first mayor, recorder, aldermen and common councilmen, and granted them, among other privileges and franchises, that of electing others to supply vacancies, and even to increase their own number at pleasure; the public grounds were granted to them by the name of the mayor and commonalty of the city of Philadelphia, but the commonalty had no share in the government or estate of the city, the whole body being self-elective, and not accountable to the citizens in any respect. It would be difficult to account for so extraordinary a charter from the wisdom of William Penn, did not we know that among the first settlers, were a considerable number from the city of Bristol in England, whose charter granted at an early period, before the rights of the commonalty were well under

* 28th October.

stood, had been familiarized by habit, which indu eed them to request a similar one: a copy of the Bristol charter was accordingly procured, and with little variations adopted. It was not long however, before the commonalty began to be dissatisfied with it, and to make frequent complaints to the assembly, of the abuses that were practised under it; many of which appear upon the minutes of the house. At an early period after the charter, the legislative powers of this corporation were very limited: they could not levy a shilling by taxes, for any use whatever, and could employ the income of the city estates only for the use and embellishment of the city; wherefore we see few monuments raised to preserve the memory of that corporation. Although the first men for integrity and abilities to be found in the city, were elected into the office of the body politic, yet such is the nature of unlimited power, not accountable to the people, that it will divert the best men from purposes, which, before they were invested with the power, they would have highly approved. The jealousy which the citizens entertained of the corporation, pervaded the general assembly of the province; and when the lighting, watching, and paving the city became a desirable object, the representatives of the freemen would not entrust the corporation alone with the power of raising or expending the money necessary for these purposes; they would not however cast such a reflection on the respectable characters of which that body was composed, as wholly to vest these powers with others: but pursued a middle line, and constituted two separate bodies, by the names of city wardens and street commissioners, to the former of whom, the lighting and watching, and to the latter, the paving of the streets, was committed; the mayor or recorder, and four of the aldermen concurring with each body, in laying the taxes and prescribing

the mode of expending them; thus the city legislation for these purposes, became compounded of two branches: the wardens and commissioners immediately elected by the people, in the same manner as their representatives in assembly, constituted the democratic; and the mayor and aldermen, the aristocratic branch. These bodies, thus compounded, conducted the business committed to them, with great harmony; nor is there the least recollection of any disagreement between them: the taxes were laid with equality, collected with moderation, and expended for the real use and improvement of the city: one complaint only, had foundation, which arose from the nature, rather than from any abuse of the powers: the number of wardens and street commissioners was so great, as at very moderate wages, to render those boards too expensive.

For the honour of the late corporation it ought not to be omitted, that the mayor's court was always filled with an able lawyer for the recorder, and another for the prosecution of criminal offences: and such was the orderly and upright administration of justice in it, that no court in the province, or perhaps any other country, exceeded it.

The legislature convened after the declaration of independence declared, by an act passed during their first session "That the powers and jurisdiction hitherto exercised by the mayor, recorder, and aldermen of the city of Philadelphia, were not founded on the authority of the people, and are therefore become null and void." Wherefore, by that and several subsequent acts, the powers of the corporation were distributed between the supreme executive council, the city magistrates,and the wardens and street commissioners, who exercised them from the year 1777 to 1789. The prejudices which had no foundation as to corporations in general, but only against the constitution of the late

corporation of the city, were however so strong, that the people could scarcely be prevailed on to submit to a new incorporation. The defects in the administration of justice, and the police of the city, at length became so glaring, as to be seen by all classes of people; and they were prepared for an act of incorporation.

Present Government.

The law for incorporating the city of Philadelphia, was passed on the 11th of March, 1809, and has been amended by several supplements. It may be important to mention the occasion of one of these supplements. A very wise law had been passed, to prevent the erection of wooden buildings, in the thickly settled parts of the city: and on the penalty of the law being about to be enforced, it was held, by some great law characters, that as fines, penalties and forfeitures inured to the benefit of the corporation, no freeman thereof was competent to prove the breach of the said ordinances, inasmuch as the same would operate a diminution of his share of contribution for supporting such corporation : but the legislature considering that it would be in some cases impracticable to prove breaches of laws by any other testimony, or to determine respecting the same, before any other than judges or jurors liable to such exceptions, and that the interest of each individual in the application of such fines and forfeitures, is too inconsiderable to give an improper bias to his testimony, resolved in 1799, that every freeman of the city or any corporate town, shall be qualified as a witness to prove a breach of the ordinances, except he be a pauper, called to give testimony touching the breach of any ordinance by which fines or penalties are appropriated, and out of which he re