Our propositions on this subject were rejected by the Pennsylvania commissioners, who insisted that in case of the failure of the owners to perform what should be required of them by the time given, that either state might prostrate the dam in any way it chose to do. We observed that it was proper that the owners should be heard in a court of justice, on the question of performance or not; that it might involve a question of fact proper to be settled by a trial, according to the course of law-but the Pennsylvania commissioners refused any other terms, than leaving it in the power of either state to prostrate the dam according to its will and discretion. And on one of the New Jersey commissioners observing, that he would never consent to destroy the property of any man without hearing and trial, he was answered by the commissioners from Pennsyivania, that then the thing was at an end—and on a short conference had by the Pennsylvania commissioners, with themselves, one of them in the presence of the others, informed us that there was no use in our further continuing together; to which they were answered that we fully accord with them in opinion-and thus the conference ended.

It is to be observed that the Pennsylvania commissioners, neither in their written or oral communications, took any notice of the third subject committed to us, namely, to define with precision and certainty the rights of the respective states to authorize the erection of dams and other works within the waters of the river Delaware, for objects of public utility and benefit, although this subject was distinctly laid before them by us, in our projected plan of an agreement.

The feelings of the Pennsylvania commissioners were strongly excited against New Jersey, for authorizing by law the erection of wing dams in the river Delaware. But whatever might have been the opinion of the state of Pennsylvania respecting the intention and operation of these laws, when we consider the circumstances under which they were passed, and also that we consented that the dams erected on the Jersey side of the river under authority of laws, should be put under the same regulations which [with] respect to the navigation as those on the Pennsylvania side erected without law -we are unable to perceive any cause for continued resentment, or feelings of wounded dignity.

be in force whenever the state of Pennsylvania shall concur therein, effectually to prevent any new dams in the river Delaware, and so to regulate those already erected as to cause them to do the least possible injury to the navigation thereof. We venture to do this, because from a view of the dams in the river, we are of opinion that their general tendency is hurtful to the navigation thereof-and the interest of both states requires that it should not be obstructed.

It will be observed that in our communications with the Pennsylvania commissioners, we have placed the wing dams erected by authority of law, on the same footing as those that are not.-1st. Because we conceive that the privileges granted them are from their nature subordinate to the rights of navigation. And, 2d. Because we presume that the others were obtained in the same manner as that from Bloomsbury to Yard's Island, by representing to the legislature that no injury would be done to the navigation of the river, and in that case the owners cannot complain of a breach of faith, in holding them to representations made by themselves, and under which they obtained their privileges.

It was proposed by the Pennsylvania commissioners to make a case, and submit it to the opinion of the Supreme Court of the United States; but as this subject had been under the consideration of both legislatures, we conceived that it would exceed our powers, nor could we discover any advantage to be derived from the measure, as we cannot perceive any question of law in dispute between the two states.

On closing this report, we beg leave to observe, that we have conscientiously done every thing within the compass of our abilities to do, to adjust the differences between the states, short of compromiting the honor and dignity of the state we had the honor to represent. All which is humbly submitted.

October 27, 1817.

WILLIAM S. PENNINGTON,
DAVID THOMPSON, Jun.
ELLETT TUCKER.

Friday, March 20, 1818.

Mr. Morgan, from the committee to whom was referred, on the 12th of January last, the report of the commissioners on the part of Pennsylvania relative to obstructions in the river Delaware, made report, which was read as follows, to wit:

The owners of land on both sides of the river, have been in the practice, for a great length of time, of building dams according to circumstances and situation, to the advantage of themselves and the convenience of That they have examined and considered, with the the country. This practice has probably become more attention they merit, the different documents referred common since the compact of 1783, than it was before, to them, and particularly a report made to the General and no complaint, as far as we are informed, was ever Assembly of the state of New Jersey by a committee of made against them, until the erection of the dam, the that body on the 10th of January last, and the resoluunfortunate cause of the present controversy. If the tions contained in said report adopted by said house, dams are of themselves a breach of the compact of and concurred in by the legislative council of said state. 1783, as is now contended by the Pennsylvania commis- Your committee sincerely concur in the regret exsioners, then the breaches of the said compact are pressed, that the attempt made by the two states to acstronger against Pennsylvania than against New Jersey; commodate existing differences and prevent future for there are a greater number of dams on the Pennsyl- causes of complaint by means of their respective comvania than on the Jersey side of the river, and they are missioners, has not been entirely successful, but are equally if not more injurious to the navigation. It happy to find that the sentiments expressed by the might, therefore, be reasonably supposed that Penn- legislature of New Jersey as to the manner of authosylvania would suppress the dams on her own shore, rizing the future erection of any dams in the river Delbefore she should ask for the demolition of those erect-aware for the purpose of creating a water power, are ed on that of New Jersey. The mills built and in ope- such as the legislature of this state cannot fail to conration on the river, give employment to many persons, sider consistent with justice, and the true spirit, meanand are of great necessity to considerable districts of ing, and terms of the compact entered into by the comcountry. We therefore hope a more moderate course missioners appointed from each of the states in 1783, may be pursued than their entire destruction-and we and afterwards ratified by both. are the more inclined to hope for this result, as we believe the wing dams attached to these mills may be so regulated as to produce very little, if any, obstruction to the navigation.

But in the mean time, to prevent any further encroachments on the navigation of the river, and to show that New Jersey has no disposition to trespass on the rights or the interest of Pennsylvania-we take the liberty to recommend to the legislature to pass laws, to

Your committee, however, consider the obligations of each state to the other as arising out of that compact and ratification, and deriving their force wholly therefrom, independently of any subsequent opinion that has been or may hereafter be embraced by either, and therefore as justly and necessarily applicable to all such dams now in existence, and erected since the date of that compact as to any that may hereafter be erected.

Your committee regard the obstructions placed in

the Delaware under the authority of any laws of the
state of New Jersey for the purpose of creating a wa-
ter power, in a much more serious and dangerous light
than such obstructions placed therein by individuals
without the pretence of any authority from the state,
and the dam from Yard's Island more exceptionable
than any other, it having been sanctioned, so far as it
could be so done, by a law passed the 10th of February,
1816, after the state of Pennsylvania had transmitted to
the governor of New Jersey their resolution of the 21st
February, 1815, expressive of their serious and well
founded objections to such a proceeding-your com-
mittee presume the legislature of New Jersey must
have then and at all times been fully apprized that
Pennsylvania has never, in any instance, since the date
of said compact authorized by law the erection of any
such dam in the river Delaware, or shown any unwil
lingness to take effectual measures for removing or
preventing such as may have been erected by unautho-referred to the Watering Committee.
rized individuals.

alterations being made therein, so as effectually to re-
move all impediments to the free navigation of the
river.
But as time will not permit to afford to this subject
all the attention it merits; and as no final resolution re-
lating to the same has yet been communicated from the
state of New Jersey to this state, the committee are in-
duced to offer this resolution.

Resolved, That the subject be recommended to the
early attention of the next legislature.
Ordered to lie on the table.

From the Philadelphia Gazette.
PROCEEDINGS OF COUNCILS.
Monday Oct. 1, 1832.

SELECT COUNCIL.

Mr. Pettit offered the annexed resolution, which was

Resolved, That the City Treasurer and City Solici Your committee, therefore, apprehend the state of N. tor be and they are hereby authorized on behalf of the Jersey cannot, as they are sure Pennsylvania would not, city, to assent to the confirmation of the proceedings in a like situation, hesitate in taking effectual measures of the jury, in the Court of Quarter Sessions in the to remove or cause the removal of said dam, and re-matter of Coates's street, and to accept the damages store the bed and channel of the river to the same situ- awarded by the jury. ation, equally free and open to the navigation of the citizens of both states in which it existed previous to the erection of the said dam.

Mr. Lippincott, as chairman of the committee to whom was referred the petition of M. A. Cline, made the following report and resolution, which were adopted by both Councils.

The committee appointed to take into consideration the application of A. Cline, tax collector, praying Councils to release his house, No. 33 Dean street, from the operation of the judgment entered on his bond as a tax collector, report, they have made inquiry as to the propriety of granting the request, and offer the following:

With respect to the other dams erected in pursuance of laws previously enacted by the state of New Jersey, or if any such exist in consequence of laws of Pennsylvania passed since the compact of 1783, or by authorized individuals, your committee fully coincide in the opinion expressed by the legislature of New Jersey in favor of a cordial union of the two states in a practicable mode of ascertaining the particular injury done to the navigation of the river Delaware by them, and by a Resolved, That the Solicitor be and he is hereby similar act of each enforcing such specific alterations authorized to release the aforesaid property, to the or restrictions as may be thought necessary, and there-amount of eight hundred dollars. fore recommend that a law should be passed on the following principles:

Mr. Neff presented a petition for repaving Spruce street between 12th and 13th streets, which was referred to the Paving Committee.

COMMON COUNCIL.

The following communication from the Mayor, inclosing documents, was received. Gentlemen of the Select and Common Councils:

1st. That no dam or device for creating a water power shall hereafter be erected in any part of the river Delaware between New Jersey and Pennsylvania, without a view first had by three skilful and respectable freeholders residing near the spot where it may be intended to erect such a dam or device in each state, and a specific report by them, or a majority of them in each As another meeting of the Sanitary Committee may state to the Court of Quarter Sessions of the county by not occur, I present to you the inclosed report from whom appointed, showing distinctly the improvement, the ladies having charge of the Asylum in Library dam, or device intended, and stating that it will not im- street. This Asylum was instituted at the suggestion pede or injure the navigation of the river; and such re- of the ladies who have had it in charge, and at a very port being approved of and confirmed by each Court inconsiderable expense on the part of the committee. of Quarter Sessions, and unappealed from to the Su-It was maintained by donations handed to the ladies. preme Court of either state during one year after it The extent and value of the benefits derived from it shall have been so approved of, but if on such appeal during a period of peculiar alarm and distress, are but the Supreme Court of either state should reverse such slightly exhibited in the report. It was the happy approval and confirmation, shall be set aside. home of a large number of orphans, who received a 2d. That whenever it shall officially be known to degree of assiduous attention and kindness which pathis state, that commissioners have been appointed un-rental care could not have afforded. Many of them, der the authority of New Jersey to ascertain the particular injury done to the navigation of the river Dela ware by any dams already erected, the governor be authorized to appoint an equal number of commissioners on the part of Pennsylvania for the same purpose, and to report to the legislature of each state such an act on the subject as they may jointly agree to recommend to be concurrently adopted by each for the purpose of enforcing all proper specific alterations and restrictions-but that the said commissioners shall be specially instructed to take into view any obstructions occasioned by the dam from Yard's Island to the Jersey shore, especially such as may have been erected or cre. ated since the communication to the governor of New Jersey, of the resolution passed by the legislature of this state on the 21st of February, 1815, and to insist, as a preliminary measure to amicable adjustment, on such

through their attentions and the benevolent professional aid of Dr. Emerson, were restored from sickness to health, and all of them, at their removal from the place, exhibited a greatly improved and happy condition. Although no names have been presented with the report, I may remark, that the agents in this good work are extensively known by all those who are familiar with the deeds of charity and of goodness by which the sufferings of the poor are relieved, and by which obligations of grateful remembrance are conferred on their fellow citizens. Conscious that you will unite in the expression of the thanks which the community owe them, I am, yours, respectfully.

B. W. RICHARDS, Chairman of Sanitary Committee. The ladies having charge of the Asylum in Library street, submit the inclosed report to the Sanitary Com

Mr. Oldenburg, as chairman of the committee to whom was referred the petition of Captain Wheldin, made the following report and resolution, which were agreed to:

The committee to whom was referred the application of Wilmer Wheldin, for the renewal of his lease for Sassafras street wharf for two years, at the expiration of his present lease, beg leave to report

That they have considered the application, and are of opinion that it should be granted. They therefore respectfully offer the following resolutions:

Resolved, by the Select and Common Council, That the City Commissioners be authorized to lease to Wilmer Wheldin, Sassafras street wharf, for the term of two years, from the 1st January, 1833, on the same conditions as the present lease.

To the Presidents and Members of the Select and Common Councils.

Gentlemen: Having been nominated, I beg leave to offer myself as a candidate for the office of Treasurer of the Girard Fund, and propose as my sureties the following named gentlemen:

Isaac L. Pearson, No. 350 Mulberry street.
Jacob Lex, No. 283 High street.
Charles F. Lex, No. 283 High street.
With much respect, your ob't. serv't.

was recommended to the early consideration of the next Councils.

Mr. Duane reported an ordinance relative to the Sanitary Committee.

Mr. Duane offered the annexed resolution, which was unanimously adopted.

Resolved, That the cordial thanks of the Select Council be and they are hereby presented to John M. Scott, Esq. for his able, dignified, and impartial conduct as their president.

recommend it to the consideration of next Councils: they offer the following resolution.

Resolved, That the committee be discharged from the further consideration of the subject.

The Paving Committee to whom was referred the petition for repaving Delaware Eighth street, from Zane to the north side of Mulberry streets-report,

That in consequence of the culvert just finished in said street, a large part remains unpaved, and the remainder is in bad order. They are of opinion it would The following resolution, which was passed by the be the interest of the city to repave rather than to repair Select Council, at their previous meeting, was con-it-they offer the following resolution: curred in by the Common Council:

Resolved, By the Select and Common Councils, That the Mayor be requested to draw his order on the City Treasurer, in favor of Henry Young, for the sum of seventy-five dollars, for services to the Councils, and charge the same to appropriation No. 21.

Mr. Duane offered the annexed resolution, which was adopted. Messrs. Duane, Pettit, Neff, Horn, Hood, and Moss, were appointed the committee.

Resolved, That a joint committee of three members of each Council, be appointed to prepare and submit to Councils, at their next meeting, a suitable expression of the sense entertained by them of the services of the medical gentlemen who have had charge of the Sanitary Hospitals.

The Select Council adjourned to meet on Saturday

next.

COMMON COUNCIL.

Mr. Sullivan presented a petition praying that Cedar street, between Fifth and Sixth streets be repaved, which was referred to the Paving Committee.

Mr. Baker, as Chairman of the Paving Committee, made the following reports and resolutions, which were agreed to.

Resolved, That the city commissioners under the superintendence of the Paving Committee, cause Delaware Eighth street, from the north side of Zane street to about fifteen feet north of Mulberry street be repaved, and charge the same to appropriation No. 21.

Mr. SEXTON as chairman of the committee, made the following report and resolution, which were adopted. The committee to whom was referred the petition of sundry citizens, complaining of the offensive effluvia arising from the discharge of the gas operations throughout the common sewer, report,

That they have examined the gas works at the Masonic Hall; and also, into the nature and causes of the complaints alleged on the part of the petitioners, and are of opinion, that the unpleasant smell was entirely owing to the improper discharge of the residuum, (which had been accumulating for a series of years,) into the common sewer, and which was not comtemplated at the time the permission was granted by Councils. Since that time however, the gas works have undergone a complete alteration,by which the residuum is made use of in such a manner as to form a part of the fuel, and is burnt up; and consequently nothing passes off into the common sewer but the waste water which is used for cooling purposes. From all the information your committee have been able to obtain, they are of opinion that no difficulty is to be apprehended from a recurrence of the unpleasant effluvia; should there be any difficulty, the remedy may be easily applied by Councils. They therefore offer the following resolution:

Resolved, That the committee be discharged from the further consideration of the same.

The Paving Committee to whom was referred the petition of a number of persons requesting the culvert in Sixth street to be extended to Mulberry Alley, and repaving said street from Vine to Race street-Report, They are of opinion that when an alteration is made of the regulation of the culvert, it should be extended to the south side of Sassafras, as the gutters in the winter season at that place are dangerous, and cause many accidents. It would be desirable to have them altered, and that a considerable improvement might be made by a change, but having so many petitions for paving Resolved, by the Select and Common Councils, That where the inhabitants would be in a worse condition the sureties presented by Britain Cooper, Treasurer than the place mentioned in this petition, they are in-elect of the Girard Fund, viz: Isaac L. Pearson, Jacob duced to refer said petition for the consideration of the next Councils, and offer the following resolution: Resolved, That the Committee be discharged from the further consideration of the subject.

The Paving Committee, to whom were referred the petition of a number of persons for paving Locust street from Broad to Schuylkill Eighth street-Report,

That they have examined said street, and find that Broad street and Schuylkill Eighth street, at Locust street, are not paved, which in paving Locust street would leave the square without any connexion of other pavement, and as the rail road will be laid down Broad street in the course of next year, and that street be paved, the regulations at that part of the city might be altered-they are of opinion, were it not for these circumstances, the request of the petitioners should be granted, and offer the following resolution:

Resolved, That the committee be discharged from the further consideration of the subject.

The Paving Committee to whom was referred the petition of a number of persons for extending the pavement in Walnut street-report,

That they have examined said street, and are of opinion that as the same is now paved to Schuylkill Seventh street, which is beyond the improvements, and as there is so much other paving to finish this season it would be better to defer it until next season, and then to pave from Schuylkill Seventh street to Schuylkill Front, and

Mr. Hoon offered the annexed resolution, which was adopted.

Lex, and Charles F. Lex, be and they are hereby approved; and that the Solicitor be instructed to cause the official bond of the Treasurer of the Girard Fund to be executed, and deposited with the Mayor of the city.

Mr. OLDENBURGH as chairman of the committee, made the following report which was agreed to.

The committee to whom was referred Wm. Rush's communication, respecting the navigation of the river Schuylkill, report,

That agreebly to request of Councils, the committee had a survey of said river made by Messrs. Hains and McClure, whose report was presented to Councils on the 23d of February last. [See Register Vol. 9.]

As it requires an act of legislature to carry the same into effect, and as the representatives of the adjoining districts do not agree with the committee of Councils, they therefore recommend the subject to the early attention of next Councils.

Mr. WETHERILL offered the annexed resolution which was agreed to.

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 each of the City constables, as per bill presented, for the sum of six dollars, for expenses incurred by them at the late Ward elections; and charge the same to appropriation No. 21. Mr. SEXTON offered the following resolution which was unanimously adopted.

Whereas, The arduous and important duties devolv-zens have less grateful feelings, or that they will hesiing upon the presiding officer of this chamber, during tate to approve of the resolutions which their representhe past year, required that some testimonial of our tatives adopt. approbation should be expressed, Therefore,

Be it therefore, Resolved, by the Select and ComResolved, That the thanks of the members, individu-mon Councils of the city of Philadelphia, That the ally and collectively, of the Common Council of Phila- grateful thanks of the community whom they represent, delphia, be presented to James Page, Esq. for the faith-be and they are hereby expressed, to Dr. John C. Otful, courteous, and impartial manner with which he has discharged the various and important duties as President thereof.

Mr. Pettit was called to the chair in the absence of