An historical account of the old State house of Pennsylvania now known as the Hall of Independence, Part 15

Author: Etting, Frank Marx
Publication date: 1891
Publisher: Philadelphia : Porter and Coates
Number of Pages: 530


USA > Pennsylvania > Philadelphia County > Philadelphia > An historical account of the old State house of Pennsylvania now known as the Hall of Independence > Part 15


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Both Houses met at Congress Hall, on the twenty-sixth of Decem- - ber, pursuant to the arrangements. The Society of the Cincinnati and the military having assembled at the State House, a funeral pro- cession was formed and escorted the bier, on which were displayed the General's hat and sword, to Zion Church where General Henry Lee, a personal friend of General Washington, pronounced his cele- brated " Oration."


" The streets through which the procession passed " are described by the papers as " crowded with citizens who partook of the general sorrow, and on no occasion was the sympathy of every individual more


1 Amended, apparently by Mr. Marshall himself, into countrymen, and subse- quently incorporated in these words in General Lee's oration.


145


CONGRESS HALL.


strongly excited than on this, the most awful and impressive scene ever witnessed."


It was recommended by Congress, that the ensuing twenty-second of February should be properly solemnized, which was accordingly done throughout the United States.


In Philadelphia the Society of the Cincinnati invited Major William Jackson to deliver an address suitable to the occasion.


The exterior of "Congress Hall " remains substantially as it was, when used by the Government ; the interior has been changed. The Representatives met on the lower floor, the whole of which was in one chamber, with the exception of a vestibule running along the full front on Chestnut Street, and containing, on the left of the main door of en- trance, the staircase to the chambers above. This again opened into a logia, over which was the gallery, which latter opened directly into the street, through a door-way still visible on the east side. The Speaker's seat without canopy, " of plain leather and brass nails," was on the western side of the house, with members' seats ranged in three semi-circular rows in front. " The room was fitted up," says a con- temporaneous European traveller, "in the plainest manner, though the Senate chamber in the story above is furnished in a much superior style." The latter occupied the chamber afterwards appropriated to and used by District Court No. 1, without essential change except in the removal of the gallery. The President's seat was on the south side, just without the bay-window ; though he too occupied a plain chair without canopy, the mahogany table in front of him is described as " festooned with silk."


At the instance of Mr. Monroe, efforts were made to open the doors of the Senate Chamber to the public, on suitable occasions, and to order the construction of "a gallery " for the purpose. This attempt was made in February, 1791, but it was not successful. It was renewed at the next following session of Congress, and with similar results ; nor was it practically effected till 1795 ; in that year, a small gallery was erected for the use of spectators, running along the northern side of the chamber." 1


1 This gallery remained till Friday, the 24th of July, 1835, when the County Com- missioners commenced some alteration in this chamber to conform to its use as a court-room. In removing the gallery and its accompanying wood-work adornments " a number of small pilasters ornamented," says a contemporary news-sheet, " with stucco work, were taken down; one of these pilasters was discovered bearing upon 9


146


HISTORY OF INDEPENDENCE HALL.


THE CITY HALL.


The original " Towne Hall " was built long enough, ere Philadel- phia was incorporated, to earn its name. We have already glanced at its occupation. It attained to very nearly the centennial anniversary of its erection when its successor was called into existence.


The first charter of incorporation of the City of Philadelphia bears date October 25, 1701. It was issued under the great seal of the Province and the sign-manual of William Penn.1


William Penn himself nominated the first Mayor, Recorder, Alder- men, and Common Councilmen, and granted to them amongst other privileges 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 title of the Mayor and Commonalty of the city of Philadelphia ; but it was said that 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.


Tradition informs us that the charter of the city of Bristol, in Eng- land, from which many of the early settlers came, formed the model of the Philadelphia charter. "The Commonalty " soon evinced dissatis-


its back, unseen for forty years. an inscription in pencil mark, intended no doubt to hand down to posterity the name of the youthful journeyman carpenter, just out of his apprenticeship, by whom it was executed. This pilaster has fallen temporarily into our hands, and we are determined that the author of the record shall not be dis- appointed. If he be still living, we give him joy; if he be dead and has left posterity the pilaster ought of right to belong to them, and we will use our influence with the owner to obtain it for the proper person if he will apply to us. The inscription is as follows : 'Henry Clayton, son of William Clayton born June 27th, 1774, and aged twenty-one years and six months. George Forepaugh master-carpenter of the work of this gallery, November 14, 1795."


The same writer goes on to state : " Among the time honored lumber which has been turned out of the chamber in question, we observe four beautiful Doric columns of wood which supported the gallery, in a perfect state of preservation; and should any of our readers desire to build a summer house with these valuable relics, he could no doubt buy them cheap of the County Commissioners, who probably intend them to go into the cellar, amongst a mass of other wood-work to kindle fires with, adding another proof to the many existing, that ' sic transit gloria mundi.' "


NOTICE is hereby given by the Committee ou Restoration of Independence Hall, that these columns are very much de-ired by them towards the restoration of Con- gress Hall, if any party then had sufficient foresight to act upon the editor's above suggestion. No trace of them remains in the cellar of the building.


1 Since this work was issued in 1876, a charter of the city bearing date 6 mo. 3d, 1691, has been discovered .- [ Editor of Second Edition.]


147


THE CITY HALL.


-


faction ; they made frequent complaints to the Assembly of the abuses that were practiced under the city government ; many appear upon the minutes of the House, notwithstanding which, at this early period, the legislative powers granted by the charter were very limited. They could not levy taxes for any use whatever, and could employ the in- come of the city estates for its use and embellishment only. Two separate bodies were constituted by the names of the 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 expend- ing them ; and thus the city legislation for these purposes became compounded of two branches. The Wardens and Commissioners, im- mediately elected by the people in the same manner as their represent- atives in Assembly, constituted the popular, and the Mayor and Aldermen the conservative branch. These bodies met in the Town Hall or Court House, on Market Street at corner of Second. They transacted the business committed to them with great harmony. The taxes are said to have been laid with equality, collected with modera- tion, and expended for the real use and improvement of the city.


The Mayor's Court was always filled with an able lawyer for the Recorder,1 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 in any other country, exceeded it.


The Revolutionary War broke out and soon transformed " the Province " into "the State of Pennsylvania."


The Assembly on the 14th of March, 1777, passed an Act, which, after reciting that by the change of government the powers of the Mayor, Recorder, and Aldermen had ceased, specifically dispensed with their authority in certain cases, where their concurrence had been made necessary by statute, and, on the 21st of March of the same year, they passed another Act, the preamble of which declared that the late Revolution had divested all powers and jurisdictions, not founded on the authority of the people only, and it provided, that the President and Executive Council should appoint judges of a City, in


1 The Recorders were, -


1701. Thomas Story. 1741. William Allen.


1704. David Lloyd.


1750. Tench Francis.


1707. Robert Assheton.


1755. Benjamin Chew.


1726. Andrew Hamilton.


1789. Alexander Wilcocks.


148


HISTORY OF INDEPENDENCE HALL.


lieu of the Mayor's, Court, and further authorized them to appoint the city officers immediately needed, " until the public tranquility shall be so far established as to afford leisure for making some more permanent regulation."


This was not done, however, until 11th of March, 1789, when the Legislature of Pennsylvania saw fit to grant corporate powers to " the Mayor, Aldermen, and Citizens of Philadelphia."


The preamble of the Act stamps the general system, and regulations in use, as ineffectual in providing for the order, safety, and happiness of the people ; inadequate, to the suppression of vice and immorality, to the advancement of the public health and order, and the promotion of trade and industry ; it is therefore " necessary to invest the inhab- itants thereof with more speedy, vigorous, and effective powers of gov- ernment." The municipal authority was vested in two branches though they sat and deliberated together.


A Board of Aldermen, fifteen in number, to serve for seven years, to be elected by the people ; the Mayor to be chosen annually by the Board out of its own number.


A Common Council, to be composed of thirty members, and to be elected every three years.


A Recorder, to be elected by the Mayor and Aldermen. A Mayor's Court was established as a Court of Record, to consist of the Mayor or Recorder and three Aldermen, with specific powers as a Court of Quarter Sessions, etc., etc., and with right to writ of error directly to the Supreme Court.


To provide suitable apartments for these dignitaries it now became necessary to erect the City or " Common Hall," at the southeast corner of Fifth and Chestnut streets. Prompt measures were taken to this end.


. To help the work along, a lottery was authorized in March, 1789. The preamble to the act recites the fact. that the buildings, already erected on the public or State House Square, were not only orna- mental to the city, but have been found very convenient, and useful, for the accommodation of the Congress of the United States, for hold- ing the sessions of the General Assemblies, Councils, Conventions, and such other bodies as the exigencies of this State have, from time to time, required ; that the city is possessed of a lot, corresponding with that upon which the County Court House has been lately built, that the taxes already levied are exceedingly heavy, and any additional burden would be improper, etc., etc. A lottery is hence instituted, and ordered to be drawn under the authority of the Mayor, etc.,


149


THE CITY HALL.


twelve thousand five hundred tickets directed to be prepared, and specific directions given as to their form, price, method of drawing, etc., etc. Three thousand six hundred and eighty-seven were to be prize tickets, ranging from six dollars to three thousand, and in the aggregate fifty thousand dollars - twenty per cent. whereof, or ten thousand dollars, was the sum to be gained. Dickinson College, whose funds were recited as inadequate for the intended purposes, was to share in the benefits of the lottery to the extent of one-fifth, - two thousand dollars.


The building seems to have been finished in the Fall of 1791.


One of its chambers, at least, was at once appropriated to national purposes. The large back room on the second floor, subsequently known as the " Common Council Chamber," seems to have been re- linquished to, - the always most angust body of the Union, - the Supreme Court of the United States. Its first session was held here on the first Monday (7th) of February, 1791.


JOHN JAY presided as Chief Justice, with -


. JOHN RUTLEDGE, WILLIAM CUSHING,


JOHN BLAIR, JAMES IREDELL,


JAMES WILSON, Associate Justices.


JOHN RUTLEDGE and OLIVER ELLSWORTH,1 as Chief Justices, also sat in this chamber, while


BUSHROD WASHINGTON,


SAMUEL CHASE,


WILLIAM PATERSON, and


THOMAS JOHNSON,


ALFRED MOORE,


were all Associate Justices during the period in this building. Its . last session in Philadelphia terminated on the 15th of August, 1800.


Partly probably in recognition of this use, and partly for providing the President's House, the State Legislature reimbursed the City, in common with the County, for the additional outlay in accommodating the National Government.


The Mayor, Aldermen. and Common Council, at this time, sat together as one body, and seem to have occupied the large back room, also used for the Mayor's Court, on first floor, adjoining which, on the western side, was the Mayor's private office and on the eastern two offices for other city officials.


1 John Marshall was appointed Chief Justice, 27th January, 1801, and thus was the first Chief Justice of the Court at its session in Washington City.


150


HISTORY OF INDEPENDENCE HALL.


The Supreme Court of the State also held its sessions in this build- ing, from the time of its completion, and most probably, interchange- ably with the Supreme Court of the United States, in the same chamber. The sessions of the latter, at this period, were only of a few days duration, each.


In 1796, on the 4th April, an Act was passed which created, for municipal control, two distinct bodies, in order, says the preamble, that the charter of incorporation "may be rendered more similar to the frame of government of this Commonwealth." Twenty persons to be elected to the Common Council to serve for one year, with qualifications the same as Members of the House of Representatives of Pennsylvania, and twelve persons for Select Council to serve for three years, except as modified by the requirements of the first period of service, in order to effect a change of one third of their number in every year.


The eastern room in the second story, used in 1876 by clerks of councils, was apparently appropriated to the Select Branch, while the opposite room was given to the Common. After the Supreme Court of the United States was transferred to the federal capital, its large chamber was relinquished to the Common Council,1 and the eastern chamber adjoining, to the Select. These apartments were respectively retained by them until " consolidation," in 1854, of the old "City proper," with the adjoining Districts and Suburbs. The large increase of members thence resulting made larger quarters necessary, and the second floor of the main building - " Independence Hall " - was completely remodeled, essentially as we have it in 1876.


The Mayors from the time of the occupation of this building were, -


1791. JOHN BARCLAY. 1811. MICHAEL KEPPELE.


1792. MATTHEW CLARKSON. 1812. JOHN BARKER.


1796. HILARY BAKER. 1813. JOHN GEYER.


1798. ROBERT WHARTON. 1814. ROBERT WHARTON.


1800. JOHN INSKEEP. 1819. JAMES N. BARKER.


1801. MATTHEW LAWLER.


1820. ROBERT WHARTON.


1805. JOHN INSKEEP.


1824. JOSEPH WATSON.


1806. ROBERT WHARTON.


1828. GEORGE M. DALLAS.


1808. JOHN BARKER.


1829. BENJ. W. RICHARDS.


1810. ROBERT WHARTON.


1830. WILLIAM MILNOR.


1 Thus the Supreme Court of the State was again the victim of circumstances until, in 1802, Independence Chamber itself was given up for their use.


151


MAYORS AND RECORDERS.


1831. BENJ. W. RICHARDS.


1849. JOEL JONES.


1832. JOHN SWIFT.


1850. CHARLES GILPIN.


1838. ISAAC ROACH. 1854. ROBERT T. CONRAD.2


1839. JOHN SWIFT.1


1856. RICHARD VAUX.


1841. JOHN M. SCOTT.


1858. ALEXANDER HENRY.


1844. PETER MCCALL.


1865. MORTON MOMICHAEL.


1845. JOHN SWIFT.


1868. DANIEL M. Fox.


1871-76. WILLIAM S. STOKLEY.3


The Recorders have been Alexander Wilcocks, from 1791 to 1800. Alexander J. Dallas, 1801. Moses Levy, 1802. Mahlon Dickerson, 1808. Joseph Reed, 1810.


1 First Mayor elected by the people.


2 First Mayor upon consolidation of "the Liberties" etc., with the old city proper.


3 Their Predecessors were " The First Mayor " Edward Shippen, 1701.


1703. Anthony Morris.


1742. William Till.


1704. Griffith Jones.


1743. Benjamin Shoemaker.


1705. Joseph Wilcocks. 1744. Edward Shippen.


1706. Nathan Stanbury.


1745.


James Hamilton.


1707. Thomas Masters.


1746.


William Atwood.


1709. Richard Hill.


1748. Charles Willing.


1710. William Carter.


1749. Thomas Lawrence.


1711. Samuel Preston.


1750.


William Plumsted.


1712. Jonathan Diekinson.


1751.


Robert Strettell.


1713. George Roch.


1752.


Benjamin Shoemaker.


1714. Richard Hill.


1753.


Thomas Lawrence.


1717. Jonathan Dickinson.


1754. Charles Willing.


1719. William Fishbourne.


1755. William Plumsted.


1722. James Logan.


1756. Atwood Shute.


1723. Clement Plumsted.


1758. Thomas Lawrence.


1724. Isaac Norris.


1759. John Stamper.


1725. William Hudson.


1760. Benjamin Shoemaker.


1726. Charles Read.


1761. Jacob Duché.


1727. Thomas Lawrence.


1762.


Henry Harrison.


1729. Thomas Griffitts.


1763. Thomas Willing.


1731. Samuel Hassel.


1764. Thomas Lawrence.


1733. Thomas Griffitts.


1765. John Lawrence.


1734. Thomas Lawrence.


1767. Isaac Jones.


1735. William Allen.


1769. Samuel Shoemaker.


1736. Clement Plumsted.


1771.


John Gibson.


1737. Thomas Griffitts.


1773. William Fisher.


1738. Anthony M. Morris.


1774. Samuel Rhoads.


1739. Edward Roberts.


1775. Samuel Powel.


1 740. Samuel Hassel.


1789. Samuel Powel.


1741. Clement Plumsted.


1790. Samuel Miles.


152


HISTORY OF INDEPENDENCE HALL.


PHILOSOPHICAL SOCIETY BUILDING.


Shortly after the acquisition, by the Colonial authorities, of the whole of the State House Square, the Library Company of Phila- delphia had petitioned the Legislature for the grant of a lot, where- upon to erect a suitable building. The rapid increase of their stock of books demanded more space than that already given them, in the chamber of the western wing of the State House, which the Legislature had allowed them to use since 1740. No action was taken, at that time, by the Assembly, and a second effort, after its junction, in 1769, with the Union and the Association Library Companies, met with a similar fate.


The petition of the Library Company was quickly followed by a similar application from the American Philosophical Society, who " needed a commodious Building, suitable to meet in and to deposit the curiosities of Nature and Art, which are or may be transmitted, etc." They expressed the hope of being able " to execute their plan, ina degree that would be beneficial to their country, and do honor to their city," etc.


A joint petition from both corporations to the same effect was re- fused by the Assembly in September, 1784.


When at the close of that year, however, plans for the improvement of the Square were being agitated, the Philosophical Society renewed its application for a lot, and now undertook to specify the location desired by them. The application having been favorably entertained, a Bill was presented on the 23d of December, and though it met with considerable opposition in the House, and the Library Company peti- tioned against such discrimination, the Bill was finally passed, thirty- six to twenty-five, and duly " enacted " March 28, 1785.1


1 The law itself- not reprinted in the Laws of Pennsylvania-is entitled " The Act for vesting in the Philosophical Society," etc., etc.


" Whereas, It is expedient and proper to give all due encouragement to societies established for the purpose of advancing the arts and sciences and promulgating useful knowledge; and whereas it hath been represented to us by the incorporated Philosophical Society held at Philadelphia that for the better answering the purpose of their institution it is necessary that they should have a public Hall, Library, and other accommodations: and whereas the said society have prayed us to grant to them and their successors a lot of ground suitable and convenient for erecting a hall and other buildings necessary for their accommodation; therefore:


" II. Be it enacted, etc. That a certain lot or piece of ground, being part of the State House Square, situated on the west side of Fifth Street and beginning ninety- six feet southward from Chestnut Street, and thence extending along Fifth Street


153


PHILOSOPHICAL SOCIETY BUILDING.


The lot granted was located on Fifth Street, immediately in the rear of that allotted for the city buildings. The grantees were strictly restrained from selling, transferring, or even leasing it, and the build- ings to be erected thereon were to be applied exclusively " to the ac- commodation of the said Society." 1 No time was lost. An appeal for aid was at once made to the friends of the Society.


" Inasmuch as useful knowledge is always an object of first consideration among an enlightened and free People ; and as the American Philosophical Society was Instituted for the express purpose of cultivating such branches thereof as have an immediate tendency to advance the Agriculture, Manufac- tures, and Commerce of this Country; as well as to pursue more deep and re- fined disquisitions in the field of Nature. And whereas their proceedings and success have been heretofore, and still are, greatly impeded through want of a suitable place to meet in, and proper Repositories for their Books, Apparatus, and various Communications, Donations, &c. To remedy which, the General Assembly of this Commonwealth have, by a special Act, granted and con- firmed to the said Society and their Successors a very convenient Lot of ground, being part of the State House Square."


A liberal subscription was promptly made in July, in order with " all practicable Expedition, to 'enable a Committee, which is ap-


aforesaid seventy feet south towards Walnut Street, thence westwardly on the State House Square fifty feet, thence northward on a line parallel to Fifth Street seventy feet, and thence eastward fifty feet to the place of beginning, shall and hereby is given and granted to and vested in the American Philosophical Society held at Philadelphia for promoting useful knowledge to have and to hold the said lot of ground to the said American Philosophical Society and their successors for- ever; for the purpose of erecting thereon a hall, library, and such other buildings or apartments as the said Society may think necessary for their proper accommodation.


" III. Provided always, and it is the intention and meaning of this act that the said lot of ground shall not be sold, leased or transferred by the said Philosophical Society or their successors to any other person or persons or bodies corporate, nor shall the same be applied by the said Society to any other use or purpose but that of erecting buildings for the accommodation of the said Society as hereinbefore specified.


" Enacted March 28th, 1785."


1 In the fall following, the Society presented a petition to the Assembly, setting forth " that the ground was found to be so high, and the sand so deep, as to admit the having a range of vaults with a range of stores thereon under the buildings in- tended for the accommodation " of the Society, and therefore prayed for power to lease the stores and vaults when completed, and also such apartments as would not be wanted for the immediate use of the Society for such purposes as might bear affinity with, or tend to promote, the design of the Institution. This privilege was not accorded until March 17, 1786, and it was then restricted to such purposes as have an affinity with the design of their institution, and no other.


154


HISTORY OF INDEPENDENCE HALL. .


pointed for the purpose, to construct a neat, sufficient Building, on the ground aforesaid."


Dr. Franklin subscribed one hundred pounds, and Samuel Vaughan fifty. Upon the subscription list are to be found the names of James Wilson, Bishop White, Rev. Samuel Magaw ; Doctors Rush, Hutch- inson, Samuel Powel Griffitts, Parke and Kuhn ; David Rittenhouse, John Vaughan and Samuel Vaughan, Jonathan Bayard Smith, Jared Ingersoll, William Bradford, Levi Hollingsworth, John Carson, and other public-spirited citizens of the day.


Ground was at once broken, and the Society took possession about 1787-88, of its finished building.


PEALE'S MUSEUM.


The chambers on the lower floor of the Hall of the Philosophical Society were occupied by Charles Wilson Peale, in 1794. Here he placed his Museum and practiced his profession as an artist. This Museum was the first established in America, and was started by Mr. Peale almost immediately after the Independence of the United States had been formally acknowledged by Great Britain. Having studied with Hesselius, Copley, and West, Mr. Peale had acquired considerable talent at portrait-painting, and he set himself to work, - before Trum- bull seems to have thought of it, - to preserve the likenesses of the heroes of the war. He was also something of a naturalist, and had formed quite a collection of natural history subjects. Some bones of the Mammoth and the Paddle-fish gave him his first start, in 1785. Mr. Westcott tells us that " the collection was at first located in a diminutive frame-house connected with his dwelling at the corner of Third and Lombard Streets."




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