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THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. III.-NO. 15.

LAW CASE.

EDITED BY SAMUEL HAZARD.
PHILADELPHIA, APRIL 11, 1829.

SUPREME COURT.

The case of the First Baptist Church was argued before the Supreme Court of Pennsylvania, in March, 1828, when one seat was vacant, and the four judges were equally divided in opinion. The cause again came before the court at their late term. It was an application by the minority of the church, amounting to about 59, for a charter, assuming the name of the mother church. Against the assumption of this name, the majority, amounting to about 430, remonstrated. It appeared in the course of the evidence, that the annual income of the church amounted to 3,300 dollars, or thereabouts. The subject was discussed, with great learning and ability by the counsel, who exhausted research into the ecclesiastical and judicial subjects connected with the enquiry. After the argument, the Chief Justice observed that the opinions of the senior members of the court continued unchanged, and of course are equally divided; and that it only remained for Judge Smith to deliver his opinion-who then pronounced the following opinion.

JUDGE SMITH'S OPINION.

NO. 67.

are in his opinion lawful, it is to be transmitted to the Supreme Court, with his certificate thereon endorsed. If the Supreme Court concur with the Attorney General as to the lawfulness of the objects, articles and conditions, the instrument, with a certificate of the court thereon endorsed, testifying their opinion, is directed to be transmitted to the governor; who then only is to transmit the same to the roll's office, requiring it to be there enrolled; and upon the enrollment thereof, the persons associated according to the objects, articles and conditions set forth in the instrument, become a body politic in law and fact, to have continuance by the name, style and title in such instrument provided and declared. It is admitted that the association in question is for a religious purpose. The preliminary steps necessary to obtain a charter have been taken, for an instrument in writing, specifying the objects, articles and conditions, and name, style or title of the association, was exhibited to the Attorney General, who has duly certified that in his opinion the objects, articles and conditions therein set forth and contained, are lawful. In this opinion the Supreme Court have concurred, and have endorsed their certificate on the instrument; but the enrollment required by the act has not been made.

On the 15th day of December, 1827, a motion was It appears that for more than eighty-five years, a remade in this court for a rule to show cause, why the ligious congregation has existed in the city of Philadel certificate of the Judges of the Supreme Court, on the phia, called at first the Baptist Church of Philadelphia, application of Levi Garrett, John M'Leod, and others, and then, in the year 1802, about sixty-six years after to a charter; as the First Baptist Church of Philadel the establishment of this church, it was called the First phia, should not be vacated. The case has been twice Baptist Church. The association whose charter is now argued, and the last argument has taken a very wide before us, were formerly members of the First Baptist range indeed: and although I most readily acknowledge Church, from which they have separated. They now the ability with which the case has been argued, on the worship at the Academy in Fourth street, and call thempart of the applicants, as well as on the part of those selves also the First Baptist Church of Philadel who oppose the granting of the charter, I must be per- phia. It is certainly not surprising that in so flourishing mitted to say, that in my opinion it was not necessary to a country, and with so rapidly increasing a population, travel over so much ground in order to arrive at a cormembers of one church should separate and form dis rect decision of the case, for the real merits of the ques-tinct congregations. This has frequently happened in tion lie within a very narrow compass. It is truly, as the learned counsel for the applicants stated, a question of law; which admits of an easy solution, if we do not lose sight of the real question. True, it is an important one; and as such, I have approached and considered it, with all the attention in my power, and at length formed an opinion to the best of my understanding.

The reasons for my opinion, satisfactory at least to my mind, and which I trust I can hereafter, if necessary, repeat, repose upon, and be responsible for, I will now proceed to state.

The certificate was granted, in pursuance of the directions of an act of the General Assembly, passed on the 6th day of April, 1791, entitled "an act to confer on certain associations of the citizens of this commonwealth, the powers and immunities of corporations, or bodies politic in law." By this act it is made lawful for any number of persons, citizens of this commonwealth, and who are associated, or mean to associate, for any religious purpose, and who may be desirous of enjoying the powers and immunities of a body politic in law, to prepare an instrument in writing, in which the objects, articles, conditions and name, style or title of the association, must be specified, and exhibit the same to the attorney general, who is to peruse and examine it; and if, on examination, the objects, articles and conditions, VOL. III.

29

the counties of this state, as well as this city; the right to separate is not denied to the applicants in the present case, and is indeed indisputable.

The question then is, whether, under these circumstances, the certificate of this court, testifying their opinion of the lawfulness of the objects, articles and conditions, set forth in this instrument, should be revoked? Before I proceed further in the consideration of this subject, let me remark, that in regard to the business of charters, the Act of Assembly requires that the Supreme Court should give their opinion, whether the objects, articles and conditions set forth in the instrument of association be lawful, and that is all. And that we are confined to this, is, I think, evident from what fell from the late chief justice, in 6th Sergeant and Rawle, 505, not particularly cited in the argument. There, in the case of St. Mary's church, the justly venerated chief justice remarked that, "in this business of charters, the court acts under the grant of an extraor dinary power, of a special nature, and confined to the cases described in the act of assembly." I admit that the authority vested in the Supreme Court by the above mentioned act is important; or in the language of the able and ingenious counsel who concluded the argument, "a vast power;" but it cannot be said to be a dangerous. authority, restricted as it is, to associations for literary, charitable, and religious purposes.

The reason for establishing the mode of creating corporations prescribed in this act, are stated in the preamble; and it cannot be doubted that the benefits anticipated by the legislature, have been realized in the operation of the law; but if it were otherwise, the power to remedy the evil is not lodged in this court. The alarm, however, which has been often expressed by some of our wisest and best men, in regard to the multiplication of corporations, and charter privileges, canpot extend to the increase of such associations as are contemplated in the act of 1791, the objects of which are essentially beneficial.

after all, perhaps satisfactory to very few. This epistle
of their Rev. Brother Wayland, let me observe, contains
sound legal doctrine, and it breathes the true spirit of
the christian religion, and, I regret, that the precepts
which it endeavors to inculcate, were not followed in
1827, when it was written; nay, regret that in 1825,
the gentlemen composing the majority of the church,
did not pursue in regard to their brethren the minority,
a similar course of conduct, perhaps it would have been
infinitely better if they had done so, instead of which
we find them in 1825, deposing their christian brethren
from office, soon after, suspending them from the church
privileges, and finally expelling them from the church
and its rights altogether; and indeed but yesterday, we
were told, within their hearing, that they deserved all
this, because they were mere devils. Such conduct, to
say the least of it, from christian brethren, towards
brethren of the same church, is not calculated to bring
about a christian reconciliation or to save the souls of
sinners, at least not in my opinion. But in relation to
this opinion, the sole question is, can this court pro-
nounce the name, style and title of the first Baptist
Church of Philadelphia, set forth in the instrument, to
be unlawful? for if lawful, the court are required to cer-
tify their opinion to that effect. The association have a
right to choose a name for themselves, and there is noth-
ing in the adoption of a name, which is borne by anoth-
er, which infracts any known law. It neither deprives
the other of his name nor of any thing else. I am there-
fore of opinion, that this objection is without foundation.
At the close of the argument a point was made not
mentioned before, that the 5th article in the charter was
not lawful, nay, that it is palpably, flagrantly and fright-
fully unlawful, and I believe, it was even said it would
establish a papacy in this state. If I really thought so,
I would be the last man to sanction such a charter, but
it does not do so-let me approach this frightful mon-
ster and see what it is. A copy of the 5th article of the
charter is as follows:-"The secular affairs of said cor
poration shall devolve upon & be managed by deacons,
John M'Leod, &c. naming the rest and their successors
in office: who are declared a board of Trustees for that
purpose, and shall at all times hereafter have full pow
er and authority to manage, transact, and dispose of all
the estate and effects and temporal affairs of the church,
in the most judicious manner, consistent with christian
obligation and according to the bye-laws of the corpora.
tion." It provides that they shall elect their Secretary
and Treasurer, and make report of their doings to the
church.

The members of the original or old Baptist church, in whose behalf this rule has been granted, object to the charter on account of the small number of those who have associated together. But this objection cannot be sustained. The act of Assembly does not require a thousand, a hundred, or fifty; or any particular number. The privilege is extended by the act to any number: and the answer to this objection is, that a number of persons, according to the act, demand that the Supreme Court should comply with the requisitions of this law. A more plausible objection is this: The old church, denies the right of the applicants to the name, style or title of the "First Baptist Church of Philadelphia.”-"Upon consideration it does, however, appear to me, that there is more of feeling than of sound reason in this objection. What real inconvenience can the original church sustain? Surely it cannot be pretended that the history of the congregation can be blotted out, or confounded by this assumption of a name on the part of the association. Can the original church suffer any detriment in its rights of whatever description by reason of this assumption? unquestionably not. Can it effect the identity of the original congregation, or endanger their property? The third section of the 7th article of our excellent constitution protects them effectually when it declares that the rights, privileges, immunities, and estates of religious societies shall remain: and hence I conclude, these to them invaluable rights, as well as their estates, cannot be taken away by any name in a charter, such as the one before us. Besides it is not found in the transactions of society, that identity of names produces any confusion of right, nor can it be seriously apprehended in this case, that the association would in consequence of the corporate name of "The first Baptist Church of Philadelphia" lay claim to any thing which belongs to the old congregation. But if they should, we cannot now decide on it for the act of assembly does not contemplate, that this court should in this way, decide claims or contested facts. We have no In my opinion there is not the colour of objection to authority to do so in this stage of the business; they any part of this article; or at least no objection which must be tried and decided like all other facts by Jury. any other person than a member of the corporation can Let me here observe that their friend and brother did make. In the first place it provides that the secular afreally place this case in a strong and striking view be-fairs of said corporation shall devolve on, and be manafore the opponents of this charter-What said he to ged by the present deacons (naming them) and their them, on the 28th of March, 1827, is the point in dispute? successors in office, and they are declared a board Is it the name "Let them have it, and do you take it of Trustees for that purpose, and shall at all times too, or take another. I would not care a fraction about it. hereafter have power and authority to manage, transDo they want your funds? This is a legal question, and act, and dispose of all the estate and effects and may be brought before a legal tribunal by yourselves or temporal affairs of the Church, in the most judicious them, as the case may be, or you may let them keep manner, consistent with Christian obligation and the byeit if they have got it, and do without it. Neither the laws of the corporation. I shall not mention objections name, nor the money have any thing to do with the sal-made to this article on account of what is not in it.— vation of your souls or the souls of your neighbors. In Where a religious society, or a charitable, or a literary the mean time, while the controversy is going on, Satan one, applies for an act of incorporation, one reason for will rejoice, religion will decline, and souls will be lost. this is always, for the easier and better arrangement of Were it in my power, I would as soon as possible stay its property; and this arrangement where the society is all proceedings, and quietly go on to save as many sin- numerous is generally vested in a few of the members ners as I could, and make my people as good as possi- (who are sometimes named in the charter and someble. If you do this, God will help you with or without the times not) and their successors. Those in whom the money or the name. If he do not, neither the one of the management is invested may hold the appointment for other, will do you any good." As a christian, I must one year, two, three, five or more, or for life. They say, I could have wished the advice here given, by a may be indifferent persons, or it may be requisite that good and pious minister of the gospel, had been follow-they or some of them should be of a particular descriped; if it had, we would not have been engaged a whole week, in hearing a controversy so painful to many, and

tion, for example-The minister for the time being may always be one, or it may be requisite, that they should

1829.)

LAW CASE-FIRST BAPTIST CHURCH.

Judge Tod then declared the following opinion, as containing the sentiments of himself and Judge Rogers. JUDGE TOD'S OPINION.

227

be communicants of the Church, or deacons, or elders-vation; no more than is usually done in such cases in inand all these are equally lawful articles in the Charter. dependent churches. The same power is exerAnd we cannot reject an application for a charter, be- cised by all religious communities. They proceed cause the managers of the fund, by whatever name they in their own forms, and not in the forms of criminal law. may be called, are to be elected more frequently or less There appears nothing very intolerant in a majority refrequently than we would advise, nor because they may fusing to be harrassed by endless broils and contention, be chosen from among those who held pews, or must be nor any thing in the nature of liberty, inconsistent with a from those in full communion--and if a religious society proper remedy against faction and disorder, when prochoose it to be so, it is lawful, that their minister or their ductive of mischiefs otherwise incurable. In cases of elders, or deacons, that those who are eminent and se- much greater magnitude, and those of the highest imlected for piety and knowledge in ecclesiastical mat-portance, how far the majority is permitted to go in susters, should also be intrusted with the management of taining the rights and integrity of the whole body by the funds. I am therefore of opinion that the rule should necessary coercion, will appear evident from that law be discharged. of the commonwealth which declares, "that if any person shall erect or form, or shall endeavour to erect or form, any new and independent government within the boundaries of this commonwealth, or shall put up any › Much new evidence has been produced; and new ar- notice written or printed, calling or requesting the peoguments have been offered; by which I must say that ple to meet together for the design or purpose of formmy opinion is not changed, but rather confirmed.ing a new and independent government, and all who Some notice of this additional matter appears to be in- shall assemble themselves for that purpose, shall be addispensable. We are asked, if we can well retract our judged guilty of high treason," &c. approbation solemnly given to the charter? I would At any rate, the majority must govern in Baptist answer that to correct an error is not to retract our opin-churches, or there is no government among themion. The usage had been to attend to this business of equality among the members belonging to that faith is signing charters not in open court. It happened that older than our present civil liberty, or our constitutions the application in this case was made shortly after both not a few of our civil rights have perhaps been dethe judges who resided in the city had unfortunately rived, from the religious reformers. When it is insisted been removed by death. We might all have known, that the minority have their rights also, I agree most and probably did know, of the first Baptist Church of heartily to that, but I do not agree that the right to govPhiladelphia, without knowing that a number of gen- ern shall, by any means, be numbered among the rights tlemen professing the Baptist faith had presented a of the minority. The schism in question appears to charter for allowance, the first article of which is, "This have arisen out of a mere squabble for power. The corporation shall be called and known by the name, minority once offered in effect to aid the war if the new stile or title of "The first Baptist Church of Philadelphia.' ." | deacons would resign their posts; this offer was evaded, When all those thus applying, without any exception, they say, and on this point I incline to agree with the so far from being authorised by, or belonging to, the minority that there was an evasion, but that is immatereal existing, first Baptist Church of Philadelphia, were rial to the question before us. Thus five or six gentlenot aliens only but enemies to that church and had been men, respectable and estimable men no doubt, for a long so for years. time leaders & officers in the first Baptist church, but who by the fundamental laws of the society held their office become indignant because the majority in the exercise of their lawful power, had elected additional deacons with co-ordinate authority. If there were other causes of dissention, they have not been specified. The Baptist association meet to settle the dispute. They decide nothing, nor had they power to decide. They recommend a mode of compromise and express an opinion, as I understand it, unequivocally favourable to the minority, but which opinion is admitted not to be binding upon the majority any further than they think fit to be bound. The minority persist, and the church persists. The old officers are joined by about one seventh part or one sixth part of the congregation. The church then went on with quite as much slowness, in my opinion, and with quite as much regard to all the forms and substance of justice, as is usual in such contests, to put the only end which probably could be put to the whole disturbance by expelling the malcontents. The minority thus expelled, assume the appearance of the existing visible church. They propose a charter in name of the church, Even suppose the majority to have acted unjustly, but in effect to themselves by investing their leaders as and the power of redress to be in us, yet we ought, in officers with very large powers. This is done without my opinion, to avoid, if possible, this sort of redress notice to the other side, of their intentions, or notice to and this sort of punishment. I would hardly consent us of the uncommon circumstances of the case. The to do any thing against the first Baptist church of Phil- existing church unanimously rejects and abhors this adelphia, which might have even the appearance of de-charter of incorporation. Our approbation thus obtaingrading them from their stile and title, and putting themed, not having been conclusively acted upon, may yet to the hard necessity of giving up their old name and be annulled, and in my opinion ought to be annulled. taking a new one, or else encounter the risk of subju-But as the court thinks differently, I shall do what, in gating to a self-nominated hierarchy, and a sort of revo- my apprehension these applicants have not done, most lution in the oldest Baptist church in Pennsylvania, readily submit to the majority. from democracy to oligarchy. In point of fact the injustice is not apparent to me from the evidence. It would seem that the majority has done no more than was required by their church rules, and by selfpreser

Some matters doubtful before are no longer soWhat was then assumed as an historical fact is now prov-only during the mere will and pleasure of the majority, ed and admitted-the perfect equality of all the members of every Baptist church, and among the churches themselves the most entire independence of each other. Much new proof has been adduced as to the removal from office of the former deacons, and the expulsion from the church of them and their adherents. On this head the rankest injustice is charged. Were it admitted for a moment that the charge was made out by the proof, yet perhaps it might be asked what authority have we under the act of 1791, to try and punish these offences? If there has been any violation of the legal right, the suffering party might have had a legal redress in some mode, and a trial by jury. If there is no legal right in the case, but a matter of ecclesiastical discipline only, it might, I think, be asked of those gentlemen, who of their own free will have joined the Baptist church, why they should decline what every Baptist by becoming such agrees to submit to, the judgment of his peers, in all church matters, without appeal to any power on earth?

The chief justice then made some desultory remarks by way of advice to the majority, in which he recommended to them to grant to the minority their share of the property, which was clearly the only matter in dis.

pute. The cause of religion, he said, had nothing to do with the controversy. We did not understand the chief justice, as he has been reported, to say that there was any legal writ or process by which the property of the church could be divided; or that the majority of the church could be compelled to make partition; but that he recommended this course as a fair and equitable mode of settling this controversy.

J.Rill, J. R. Ingersoll and C. J. Ingersoll, for the majority, Charles Chauncey and Horace Binney for the minority.

ST. PAUL'S CHURCH.

on the industry of the labouring poor-Beg leave to Report,

That they have attended to the duties confided to them with a due sense of their importance, not merely to the comfort, happiness and morals of that distressed, interesting and numerous portion of our population, whose case was particularly referred to them, but to the character of the community at large, which is deeply involved in the question of the justice done to that class, & the care & attention pestowed on their welfare: That they are convinced, from a careful examination of the subject, that the wages paid to seamstresses who work in their own apartments-to spoolers-to spinners

The Commonwealth at the relation of Susanna B. Sho-to folders of printed books-and in many cases to

ber, and others.

vs.

Richard North, and others

This was a rule to shew ca use why an information in the nature of quo warranto, should not be filed against the defendants, to inquire by what authority they exercise or claim to exercise, the office of Vestrymen of St. Paul's Church.

This church was incorporated by Act of Assembly passed 23d September, 1783, the 10th Section of which provides that the Vestry of said Church, shall always consist of 20 persons, members of the said Church, of which number the Church Wardens are always to be two; and that the election of such Vestry shall be made every year on Easter Monday, or some day in the same week (of which the said congregation shall have notice) by a majority of such members of said church, as shall appear by the vestry books to be contributors to the support & maintenance of the said Church, having & paying for a pew, or part of a pew, sufficient for one person at least, and to be of full age, who only shall have a right to vote for the Vestrymen of said Church."

It appeared in evidence, that at an election for Vestrymen held on Easter Monday last, the relators and other females, coming within the provisions of this Sec- tion, offered their votes, which were refused by the Judges of the election; and that had their votes been received,other persons than the defendants, would have been elected.

The case was submitted at the March term by Mr. Kittera on behalf of the relators and held under advisement by the court until the present Session, when on motion of Mr. Chauncey for the defendants, a rearguments was ordered. Further proof was now offered, by which it appeared, that for the last 25 years the females of this church had not exercised their right to vote. That during this period there were but two contested elections, of which the present was one, and that at the other the ladies attended at the Church in order to vote, but finding that their votes were unnecessary, retired.

those who take in washing, are utterly inadequate to their support,even if fully employed, particularly if they have children unable to aid them in their industry, as is often the case; whereas the work is so precarious that they are often unemployed-sometimes for a whole week together-and very frequently one or two days in each week. In many cases no small portion of their time is spent in seeking and waiting for work, and in taking it home when done:

That in the different branches above specified, industrious and expert women, unencumbered with families, and with steady employmeut, cannot average more than a dollar and a quarter a week; that their room rent is generally fifty cents, sometimes sixty- two and a half; and fuel probably cost about 25 cents per week, on an average throughout the year. Thus in the case of constant unceasing employment (a case that rarely occurs,) there remains but about half a dollar per week, or twenty-six dollars per annum, for food and clothing; and supposing only eight weeks in the year unemployed through sickness, want of work, or attention to children (and this is but a moderate calculation) the amount for food and clothing would be reduced to the most miserable pittance of sixteen dollars per annum! Can we wonder at the harrowing misery and distress that prevail among this class, under such a deplorable state of things?

That it is a most lamentable fact, that among the women thus "ground to the earth" by such inadequate wages, are to be found numbers of widows, with small children, who, by the untimely death of their husbands, and those reverses of fortune to which human affairs are liable, have been gradually reduced from a state of confort and affluence to penury, and thrown upon the world, with no other dependance than their needles to support themselves and their offspring:

That although it is freely admitted that great distress and poverty arise from the habits of dissipation and intemperance of some husbands, and their shameful neglect to make that provision for their wives and children which they are bound to do by the laws of God and man, (and which, it is deeply to be regretted, the laws do not duly enforce,) yet we feel satisfied that those deplorable and pernicious habits do not produce half the wretchedness to which meritorious females are subjected in this city, of which the greater portion arises from the other source which we have stated, and which places before this class the alternaJudge Tod differed from the rest of the Court-and tives of begging-applying to the overseers of the poor said that in his opinion the females had a right to vote-stealing-or starving. We might add another-but -Judge Huston was absent.

Chief Justice Gibson.-Our opinion is against the motion. There is no safer exposition of what was intended by such an instrument than usage. There is the strongest evidence that the right was never claimed.I see no reason, if the women can vote, why they might not be elected Church Wardens and Vestrymen-we must look to consequences-the rule is refused.

we forebare.

That the scene of distress and suffering which we REPORT ON PUBLIC CHARITIES. have witnessed in our various visits to the dwellings of The subscribers, a committee appointed by the Town women who depend on their labour for support, resultMeeting of the citizens of the city and county of Phila-ing from inadequate wages, are of the most afflicting delphia, on the 21st ult. to ascertain whether those who are able and willing to work, can in general procure employment-what is the effect upon the comfort, happiness and morals of the females who depend on their work for a support, of the low rate of the wages, paid to that class of society-to what extent the sufferings of the poor are attributable to those low wages-and what is the effect of benevolent or assistance societies

kind,and can scarcely be believed butby those by whom they have been beheld. We have found cases of women whose husbands have been for weeks disabled by accidents, or by sickness produced by working on canals, surrounded by pestiferous miasmata, who have had to support their husbands and three or four chil dren, by spooling at 20 cents per hundred skeins-by spinning at as low a rate of compensation-by washing

1829.1

REPORT ON PUBLIC CHARITIES.

and rough drying at 20 or 25 cents per dozen-or by making shirts and pantaloons at 123 cents each.

That it is a great error to suppose as is too frequently supposed, that every person in this community able and willing to work can procure employment; as there are many persons of both sexes, more particularly females, who are at all times partially, and frequently unemployed, although anxions to procure employment for females, which is the chief reason why their wages are so disproportioned to those of males.

229

al state of the case is made manifest, wil! probably, as they certainly ought to, increase those wages. Although the great increasing competition in trade, renders it necessary to use rigid economy in the expense of producing articles for market, it can never palliate, far less justify the oppression of the ill-fated people engaged in the production, by whose labors large fortunes are made, and their employers enabled to live in ease and opulence.

It is peculiarly incumbent on those wealthy ladies, – That there are few errors more pernicious, or more who employ seamstresses or washerwomen, and who destitute of foundation, than the idea which has of late ought to feel sympathy for the sufferings of their sex, years been industriously propagated, that the benevo- to give them such wages as will not only yield them a lent societies of this city produce idleness and dissipa-present support,but enable them to make a provision for tion, by inducing the poor to depend on them, instead times of sickness or scarcity of employment. It is painof depending on industry. The whole of the annual ful to state, but regard for truth obliges us to state, that subscriptions for last year, to seven of the most promi- in this respect sufficient attention is not generally paid -nent of these societies, embracing, it is believed, nearly to the sacred rule of "doing unto others as we would all of any importance, was only 1069 dollars-and the have others do unto us." A moderate degree of attenwhole of their disbursments, only 3740 dollars, a sum tion to this rule, would annihilate a great portion of the which obviously could not materially affect the industry distress of hundreds of suffering females. of the many thousands, male and female,who have to work for their living. And it is of the last importance, in the consideration of this question, to take notice, that most part of these disbursments, was for work done by aged women, and for food and clothing furnished to superun-wages, would be diminished. nuated men and women, and destitute children.

One important means of mitigating the distress of this class, would be, to increase as far as possible the diversity of female employments, by which that competition which has produced the pernicious reduction of

The committee hope they will be pardoned for touching on a subject analagous to the object of their appointmeut, although not embraced in its terms. It is to

That those societies far from increasing idleness and pauperism, have a directly contrary tendency; as, by the timely aid they afford, in seasons of distress and pres-recommend to the most serious consideration of the sure, they very frequently produce the important effect benevolent of their fellow citizens, the establishment of rescuing deserving persons from sinking into hopeless of a "society for bettering the condition of the poor," poverty,and thus becoming chargeable as paupers. Cases by encouraging habits of order, regularity, and cleanli- ' of this kind are of frequent occurrence. And it is not im- ness in their persons and apartments, by instructing probable that the consequent annual diminution of the them in the most economical modes of cooking their poor tax exceeds the whole amount contributed to food; by inducing them to send their children to school, those societies by our citizens. and when arrived at a proper age, to bind them apprentices to useful trades, and to lodge the little surplus of their earnings, when they have any surplus, in the saying fund, by enabling them to purchase fuel and other necessaries at reasonable rates; in a word, by inculcating on them those principles and that kind of conduct, which are calculated to elevate them in their own estimation, and in that of society at large. Societies of this description have produced the most salutary ef fects on the comfort and morals of the poor in various parts of Great Britain.

The fund of those societies are managed with great prudence and circumspection-as the ladies humanely visit the poor in their habitations-ascertain the extent of their sufferings, as well as the nature of their claims for relief--and afford such aid as the cases respectively may require, and as their very limited means warrant. We think it but justice to declare, that we cannot conconceive of any mode in which the same amount of money could do more effectual good-and we believe that the beneficence of the managers adds lustre to the character of the city. They are admirably calculated to be almoners to the wealthy, who are unable to seek out proper objects of charity, and are constantly liable to gross imposition.

That numerous proofs of the industry of the classes which depend for support upon their labour, and of the injustice of the denunciations levelled against them, may be produced: but we shall confine ourselves to two, one as regards males the other as regards females. The first is the thousands of men who eagerly seek for labour on the canals, often in pestilential situations, with death staring them in the face-the second the fact that from one thousand to eleven hundred women have weekly travelled three, four, six, eight or ten squares, and anxiously waited for hours at the Provident Society's room for work, although it was known that they could not procure more than enough to employ themselves two, three or four days in the week. These two facts alone, ought to settle this question beyond the power of cavil or appeal.

For evils of the magnitude and inveteracy of those under which the women suffer, who depended on their labour for support, it is difficult to devise a remedy A complete remedy is perhaps impracticable. They may, however, and we hope will, be mitigated. The mitigation must wholly depend on the humanity and the sense of justice of those by whom they are employed, who, for the honor of human nature, it is to be supposed, have not been aware of the fact, that the wages they have been paying, were inadequate to the purchase | of food, raiment and lodging; and who, now that the re

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And while the committee press on the humane and wealthy part of the community, the propriety of aiding in a greater degree than heretofore (by their own exertions and through the various benevolent societies that exist among us, and whose funds are at present greatly reduced,) to alleviate the distressess of the numerous widows, orphans, and the really deserving poor and helpless of every description; they would likewise suggest to housekeepers and heads of families the propriety of seeking out and employing in the situation of domestics, in their several families, destitute females, who by the frowns of fortune have been reduced to distress. Hundreds of this description are to be found within the precincts of the city and liberties, who, if properly encouraged, would be grateful for the means of employment thus afforded them, and who might profit by the precept and example set before them in the houses of respectable citizens. Perhaps there are few ties, in common life, more binding than those that are found to exist between a benevolent master and mistress, and a faithful servant, who has grown up under their own eyes, and under their care and protection, and that of their descendants. All which is respectfully submitted. MATHEW CAREY, ROBERT SMITH, JOSEPHI WATSON, CHARLES M. DUPUY, BENJAMIN TUCKER, M. M. CARLL, GEORGE EMERICK,

Committee.

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