USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. III > Part 19
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Upon the subject of a harbor for shipping, p. 337 .- (See a trial between the Northern Liberties and the City, Supreme Court of Pennsylvania, July term, 1850, No. 133; also the facts of the case may be seen in a pamphlet published by F. C. Brightly.)
Anthony Morris's brew-house, p. 339 .- Other brew-houses were-
"To be sold, all that large and commodious Brewery and Dis- tillery situated on Wharton's wharf, next to Swedes' Church, belonging to the estate of Edward Crosson, dec'd." (Penna. Journal, July 14, 1763.)
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Prisons.
" All the materials and stock on hand of the Brewery in Sixth street between Market and Chestnut streets occupied by Robt. Henderson & Co., together with a lease of the brew-house and distillery-house for six years." (Ibid., Oct. 27, 1763.) This must be the brewery at present (1879) at the same place, for- merly Gray's brewery.
Clarke & Moore are in tenure of brew-house, etc. in Sixth be- tween Arch and Market. (Ibid., April 25, 1765.) This must have been Larer's late brewery, there about 1857.
1667, p. 342 .- This should be 1767. The statement is prob- ably also an error, as in Du Simitière's MSS. in the Philadelphia Library is the following sentence: "The place where the Dock was to be continued from Walnut street in a diagonal line to Third street has been vaulted over and filled up, and is intended to be a market-place by the name of Exchange Market." (Du Simitière's MSS., No. - , p. 9.)
In the year 1784, p. 342 .- (See the law for this in Smith's laws, vol. ii. p. 101.)
P. 347. A sewer was constructed in 1849 from Dock street down Walnut street to the wharf. From Dock street to Second it was dug out and the sewer built; but from Second below to the wharf it was tunnelled without opening the street, except at about midway between Second and Front, where an opening was made and the work all done under ground; below Front they had to employ a steam-engine to raise the water, which was ex- ceedingly troublesome to the workmen. Some ancient logs and bottles were dug out, supposed to have belonged to the first settlers.
P. 349. Dock street is frequently mentioned in early patents. It was a street laid out thirty feet wide on each side of Dock Creek, and that is the reason why the present Dock street is broad. It is much wider than the original width of the creek. The street called " Little Dock street " was called " the New Cut."
PRISONS.
The Old Court-house, p. 350 .- Gabriel Thomas states in 1698: " There is lately built a noble Towne House, or Guild Hall, also a handsome Market House, and a convenient Prison." This would appear to refer to the court-house, though Mr. Westcott and other reliable authorities do not believe that it was erected for eight or nine years after, or about the date of the Charter of Privileges to Philadelphia as a city, October 28, 1701. The building was appropriated to general city and county purposes, including the City Council.
Kalm in his Travels (i. 45) says: "The Court-house stands in the middle of Market street, to the west of the market. It is a VOL. III .- M
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fine building, with a little tower in which there is a bell. Below and round about this building the market is properly kept every week."
Etting, in his History of Independence Hall, says : "The Gen- eral Assembly and the governor's Council never held their sessions herein, as some have imagined," and as Watson so fully states.
The place of holding the county elections was changed from the County Court-house to the State House in 1766, and the first election there took place on the 6th of October. The city election always took place next day, unless it happened on Sunday.
Year 1682, p. 356 .- (See Col. Recs., vol. i. p. 92; it is there 11 mo., 1683.) This prison and cage are laid down in the mid- dle of Market street on a MS. survey of it by Edward Pening- ton, surveyor, in 1698; as well as Letitia court, in Recorder's office. (See Vol. I., and p. 118 of this volume.) By a minute of Council, July 10, 1700, it had already become a nuisance, and a lot had been purchased at Third Street for a new prison.
"Wm. Clayton of Chichester producing an acct of £11 11s. 0d. due his father, Wm. C., deceased, for building a cage for male- factors in the town of Philadelphia at the first settling of the Province," .... "ordered that the Provincial treasurer discharge the sd acct." July 26, 1701. (Col. Recs., vol. ii. p. 26.)
In 1722, p. 359 .- It was ordered to be sold April 1, 1723. It is reported June 3 as sold to Alderman Fishbourne, treasurer, for seventy-five pounds, which he is to carry to the credit of the corporation, and have the walls pulled down and streets cleared of it. (See Min. Com. Council, 1704-1776, pp. 227, 230.)
The law for building a new one was that it should be erected within three years from March 25, 1718.
In October, 1729, the keeping of a tavern in the prison was presented by the board as a great nuisance, and its removal recommended.
The Stone Prison, p. 360 .- Feb. 28th, 1780, an act was passed by which the Supreme Executive Council " may and shall sell and convey the said old gaol and workhouse in the City of Philadelphia (i. e. fronting on the south side of High street and extending along Third street from Delaware, as the same was holden by Joshua Carpenter in trust for the use of the city and county of Philadelphia) to the private use of the purchaser by deed or deeds under the great seal, signed by the Prest and V. Prest of said Council for the sole benefit and advantage notwith- standing of the said city and co." (See Smith's Laws, vol. i. p. 486.)
In 1785 the lot on which this prison stood was sold, and those adjoining on Third and on Market street. The purchasers were --- deeds dated Nov. 23, 1785-
John Fries, corner lot, 22 × 80, for . £1215 Martin Baisch, High street, 22 × 80 1000
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Prisons.
Jacob Barge, High street, 22 × 80
£935
Thomas Goucher, Third street, 20 X 66
John Britton,
640
John Hubley,
675
Samuel McLane,
635
John Steinmetz,
535
Thomas Poultney,
66
535
(Col. Recs., vol. xiv. p. 583.)
It contained in breadth 16 feet and length 240 feet, bounded north by High, east by Third street, south by back lots, and west by a lot formerly belonging to Thomas Rowland. (See sect. 4 of act passed Feb. 26, 1773, for erecting a new gaol, etc. in Smith's Laws, vol. i. p. 402.)
The Walnut Street Prison, p. 361 .- Dec. 16th, 1775, " part of new gaol is now in order for reception of prisoners; they are to be removed from the gaol and workhouse." (Col. Recs., vol. x. p. 429.)
A series of articles on the Walnut Street Prison were pub- lished in the Sunday Dispatch, commencing Oct. 16, 1859.
Just before the Revolution this building was projected, and was finished in 1773, about the commencement of hostilities, but was not immediately used for county purposes. The Americans used it for confining their prisoners of war, and the British while they held Philadelphia did the same with their captures. (For an account of their atrocious behavior to their prisoners see Vol. II. p. 300.) It was at this time dubbed "the British Provost."
The building came into its proper use as a county prison in 1784, when the prison at the south-west corner of Third and Market streets was demolished, and the prisoners were removed to it. It stood on the south side of Walnut street opposite the State House Yard, occupying nearly half the block, and extend- ing to the corner of Sixth street and running back to Prune street. It was built of stone, was two stories high, with a base- ment, and surmounted by a bell-tower. The centre portion pro- jected a few feet, and was finished with a gable rising above the roof and breaking the long line of the cornice. The doorway was reached by a high flight of stone steps, which were flanked on either side by a one-storied structure, where were the offices or residences of the jailers' families. The northern portion- that is, the front on Walnut street-was occupied as the prison- house and prison-yard of criminals and convicts ; and the south- ern, or Prune street portion, was used for the safe-keeping of persons imprisoned for debt or other civil delinquencies. Crime and poverty, then, were the tenants of the two apartments, sepa- rated by a courtyard, of the gloomy tenement which then occu- pied this space. Crime either languished in what was called solitary confinement, dark, idle, and uninstructed, or was set to
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labor in a common and noisy workshop, the chief business of which was sawing stone-the most frequent, because the simplest, of employments. Poverty dragged through the day, without occupation or resources, until the regular return of the insolvent court operated as a general jail delivery, clearing the tenants for the time being, whose places were soon supplied by a fresh swarm, to be in their turn swept away. Imprisonment for debt, properly speaking, is now wholly abolished with us. For some time previous to the total abandonment of the system the num- ber of inmates in the "Debtors' Apartment" had been gradually diminishing by the operation of successive acts of the Legislature, which first prohibited the arrest of females for debt; next, the imprisonment of men for debts under five dollars; and then authorized debtors arrested in any case to give bond, with surety, for their appearance at the next insolvent court, instead of await- ing its return in actual confinement.
The Walnut Street Prison was sold at the Exchange in the spring of 1835, John Moss being the purchaser for some New York brokers and bankers-said to be the Messrs. Joseph-for the purpose of erecting a hotel; but the project was abandoned. The price paid was two hundred and twenty thousand dollars. The removal of the prisoners to the Moyamensing Prison took place in the fall of 1835, and the building was taken down in the ensuing year.
Many incidents occurred in this prison which would be inter- esting. Smith (the murderer of Carson), Gross, and other mur- derers were confined there. Robert Morris the financier, Wil- liam B. Wood, and others were prisoners for debt. There was an outbreak in the Walnut Street Prison on the 22d of Septem- ber, 1795, when a body of convicts escaped through the Sixth street gate. Five prisoners made their escape in 1817 by forcing the lock of the door of the vestibule leading to the Sixth street gate and by burrowing under the gate into the street. On the 29th of July, 1819, Jock Smith, - - McIlhenny, and other prisoners attempted to saw through the bars. Failing in that, they made a rush into the hall and attempted to batter down the iron doors leading into Walnut street. In this attempt they were foiled, principally through the efforts of a black prisoner named Powell. On the 20th of January, 1820, Powell was attacked by the convicts and killed. The prisoners generally were in a state of mutiny, and ranged furiously through the yard and corridors. An attempt was made to get out at the Sixth street gate by bat- tering it down. Citizen soldiers were called in, and fired upon the rioters from the wall. One prisoner-John Runner-was killed by this fire. The prisoners were then subdued, princi- pally through the efforts of Colonel John Swift, and thirteen or fourteen of them were subsequently tried for the murder of Powell, but they were not convicted, for want of sufficient
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evidence. Several attempts were made to break out between 1820 and 1829, and at one time six prisoners got over the wall and escaped. On the 26th of February, 1829, Jock Smith and nine others escaped from a room on the Walnut street front by sawing off the window-bars and letting themselves down. The marks of their boots on the front of the building were visible until it was torn down. These were the principal insurrections at the prison, but in none of them does it appear that any of the convicts escaped by means of false keys.
In 1807, the Arch Street Prison, a fine large building, was built on the south side of Arch street, from Broad to Schuylkill Eighth [now Fifteenth] street. It was intended to be used for State prisoners, but, some difficulties arising, it was apportioned for untried prisoners and debtors. When the Moyamensing Prison was finished this Arch Street Prison was demolished and sold, in the spring of 1835. David Winebrenner-then a tailor on Chestnut street-was the purchaser, the price paid being one hundred thousand dollars. He afterward sold the ground to various parties for building purposes. It was for- merly used for the debtors' apartment-for those who were im- prisoned in those days for debt until relieved by taking the ben- efit of the insolvent laws. Porter the mail-robber was incarce- rated there previous to his execution, July 2d, 1830. It was there that the cholera made such havoc on the memorable Sun- day in July, 1832, and it was in that prison that our late towns- man and ex-mayor, John Swift, Esq., rendered such efficient aid.
The Moyamensing Prison was commenced in April, 1832, and finished in 1835. The "Debtors' Department," in the Egyptian style, adjoining the main building, was finished at the same time.
In 1843 the late Joseph C. Neal wrote a story for Godey's Lady's Book with the title, "The Prison Van; or, The Black Maria." In this story Mr. Neal says: "In Philadelphia the prisons are remote from the courts of justice, and carriages- which, for obvious reasons, are of peculiar construction-are used to convey prisoners to and fro. The popular voice applies the name of 'Black Maria' to each of these melancholy vehicles; and, by general consent, this is their distinguishing title." As long as the convicts and untried prisoners were accommodated at the Walnut Street Prison there was no difficulty about bring- ing them to and from the courts, the distance being very short. When the Arch Street Prison was built, it was used principally for untried cases. How the prisoners were conveyed between the courts and that prison is somewhat a matter of conjecture. Sometimes they were walked between those points in the charge of constables or sheriffs. In particular cases they were conveyed in private carriages. But when the Moyamensing Prison was
16
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Annals of Philadelphia.
finished, and the Arch Street and Walnut Street Prisons were torn down, some better and safer plan for the transportation of prisoners was necessary; and this led to the establishment of a regular coach for prison service. The Moyamensing Prison was finished in 1835, and the prisoners were removed to it in 1835- 36. Consequently, it may be assumed that the coach called "Black Maria " first made its appearance on our streets in 1836. In size, shape, and appearance it differed very little from the present prison-vans, which are painted in brighter colors. It was paint- ed a gloomy black. Why it was called "Black Maria," any more than "Black Sam" or "Black Nancy," is one of those things which no fellow can find out. The nickname " Black Maria " was given to it soon after the conveyance made its appearance by somebody, until the appellation became common, significant, and well understood.
Whipping-post, pillory, and stocks, p. 361 .- Sept. 23d, 1726, the governor complains of " frequent riots and disorderly prac- tices " " within this city, an instance of which appeared in burn- ing down in the open market-place the pillory and stocks on the evening of the 1st inst." A proclamation was to be issued. (Col. Recs., vol. iii. p. 260.)
" It appears from a letter from V. B. Bryan, dated Mar. 17, 1779, that the pillory and whipping-post had at some period been removed to retired places, and not in or near the market," " contrary to the common usages of the countries where the Eng- lish common law is received." "As punishments of this sort are rather influential on others than on the criminal himself, much of the usefulness of public punishment by this circum- stance is lost. I have it therefore in charge (of Council) to call upon you to replace the pillory and whipping-post in the public market of this city, referring you to the county commissioners for the expense." (See letter to James Claypoole, high sheriff of Philadelphia county, in Penna. Archives, vol. vii. 252.)
These barbarous measures, p. 361 .- For instance see Col. Recs., vol. ii. p. 406, Feb. 25, 1707.
MARKET-HOUSES.
Market-houses, p. 362 .- There was pulled down in August, 1852, an old building standing in the rear of the stores built by John Sharp on the site of the old Indian Queen Hotel, on Fourth street between Market and Chestnut, which tradition said was a market-house. It had a cupola. No account has been found of when it was built. The Philadelphia Courier and Inquirer of Aug. 19, 1848, said : "In the rear of the buildings fronting on Franklin place, and extending some sixty or eighty feet
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Market-Houses.
north and south, stands an edifice known as the first market- house in Philadelphia. To this point the settlers along the Delaware were accustomed twice a week to bring the products of their 'clearings' in boats and arks, to sell to the inhabitants of the infant colony, and the antique spire, towering above the creek, served as a guide to them and to the tawny sons of the then not distant forest on their way to exchange their furs for the products of civilized life. The placid creek has given place to spacious mansions and well-thronged streets; the three hun- dred inhabitants of Philadelphia have gone to their rest."
Franklin place alluded to above extends from Chestnut north to Market, and between Third and Fourth streets. It was so called from its having been the residence of Dr. Franklin, whose house in my father's time stood at the head of and across the court, which latter then only extended perhaps midway between Market and Chestnut. It was taken down, and the present street cut through to Chestnut street. The court was entered through the arched way on Market street. (See Vol. I. p. 206, for Mrs. Franklin's description of this house and its furniture. See also p. 434 of Vol. I.)
Something like a similar excitement, etc., p. 363 .- These ad- dresses of Marvell and these facts relate to 1773, I think, and not to 1749; they are in the Philadelphia Library-handbills put into a file of newspapers. (Vol. 992 F.)
In 1693, on the 8th of August, Councils, discussing the regu- lations of the market, put it to vote " whether the markett should remain in the place where it now stands, on the west side of Del- aware Front street, within the High street," or "held at Market hill, in Delaware Front street," or " be placed where the Second street crosses the High street." The two former were negatived, and the latter carried in the affirmative, and it was resolved "the markett and stalls be for the present removed to Market hill," and remain there only till the place at Second and High streets " be staked outt for the markett-place, and till a bell-house be built and erected, and the bell hung in the said place." The markets were to be held on two days-Wednesdays and Satur- days; all sorts of provisions, etc. were to be sold there, and there only ; the market was to be opened by ringing of the bell from April to September between six and seven, and from Sep- tember to April from eight to nine; no provisions were to be sold before those hours, or cheapened on their way to market ; and no hucksters to buy until two hours after ringing of the bell.
Dr. James Mease, in his Picture of Philadelphia states that the first markets were held at the corner of Front and High (or Market) streets, and that a bell hung on the shed was rung when any one brought provisions there from the country for sale. The earliest notice we have of them in the minutes of the Common
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Council of this city is dated December, 1704, when " Alderman John Jones and Edward Smout were appointed collectors of rent for stalls and standings in the market." From this time we have various incidental notices of them, such as of charges for repairs, trouble in collecting dues, etc., until November 22, 1708, it was "ordered that a new market-house be built where the stalls now stand, by this corporation, to be let out by the cor- poration for ye use and benefit thereof." It was easy to make this resolution, but how was the money to be raised ? The old corporation had no power to lay taxes. After due consideration of the knotty question, it was voted, eight months after, that the members of the corporation should advance the money, and that " the seven aldermen shall contribute and pay double what the Common Councilmen should do." Ten months after this it was voted that " the members of this board have now unanimously agreed that a new market-house shall be built with all ex- pedition." Was it opposition to the stalls then which hindered their movements so much? It was agreed that the sums ad- vanced, which were ordered to be paid in within ten days, “one half in money and the other half in goods," should be repaid with interest out of the rents of the stalls, "share and share alike." Other inhabitants of the city, not members of the Coun- cil, were invited to contribute on the same terms. The minutes do not show when these buildings were erected.
Dr. Mease says the first market house on High street was a range of wooden stalls from Front to Second. But the prison (which was several times presented as a nuisance, and finally removed as such in 1722) occupied some part of this site. Mr. Watson says this market was from the old court-house in Market street, west side of Second, halfway up to Third. But this does not seem to accord with what follows. In November, 1718, it appeared that "Divers psons Renters of Markett Stalls Let out the same at three or ffour or ffive times more Rent than they pay ;" and consequently, the want of additional accommodations being evident, a committee of Councils was appointed to prepare a scheme for new markets. It was at length agreed, July 4, 1720, that "the building be the width of the court-house, in height ten ffoot to the joice, the length of the stalls joining to be eighteen ffoot, to have an alley of ffour ffoot betwixt them and the next two stalls. The shelter at the back of the stalls three ffoot and a half on the outside, the Breadth of the stall three ffoot and a half within, the clear Walk ffourteen ffoot, and the stalls to be eight ffoot Distance from the court-house, but the Roof to join to the court-house. That the whole be paved with Brick at the Heighth of the court-house ffloor in the Middle, and to be posted without on both sides." Four aldermen, An- thony Morris, Jonathan Dickinson, Isaac Norris, and James Logan, offered at this time to advance £100 each for building
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Market-Houses.
forty-eight new stalls. Six months were spent in discussion, when Alderman Redman contracted to build thirty stalls for £400. The money advanced, with interest, was agreed to be repaid in four annual payments of £29 in 1722, £31 in 1723 and 1724, and £33 in 1725. In 1722 the old stalls to the west of the new ones were ordered to be taken down. (Were these the ones built in 1710?) In 1729 twenty new stalls were agreed to be erected east of Second street, "for the accom- modation of such as bring provisions from Jerseys, as well as our own Inhabitants having occasion to buy." Several private per- sons having put up stalls, which they rented at a considerable profit, to the east of the court-house, it was resolved, in 1736, by the Councils, that the city corporation ought to have the ad- vantage of all such arrangements. It being reported to them that to erect stalls in front of the court-house, paving the same, setting posts, making new movable stalls, and covering them with painted canvas, would cost two hundred pounds, it was ordered that the two stalls in front of the court-house be built at once. The rest lay over four years, when it was determined to have the stalls as far down as Letitia court, and the street was ordered to be posted and gravelled the breadth of twenty feet. Since "the winter season was so far advanced (October 13th), the same could not be paved." In 1742 chains were ordered to be set up on market-days, between sunrise and ten o'clock in summer, eleven in winter, to prevent the passage of carts and carriages through the market-place. The stalls last mentioned were, in 1743, leased to John Bard for seven years, at £60 per annum.
About 1745 the population of the southern part of the city, finding the High street markets inconveniently distant, and having to cross Dock Creek, petitioned to have market-houses built in that section. Second street being too narrow, the Pro- prietaries granted three lots and the owners of adjacent lands granted seven more; thus the land being vacated, Second street was widened, and the market-houses were built by Edward Ship- pen and Joseph Wharton advancing the money for building six- teen stalls, eight north and eight south of Lombard street. The amount was to be repaid them, principal and interest, less the amount received for rent of said stalls. But no report was made of their being repaid.
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