History of Philadelphia, 1609-1884, Part 149

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author
Publication date: 1884
Publisher: Philadelphia, Pa. : L. H. Everts & Co.
Number of Pages: 992

USA > Pennsylvania > Philadelphia County > Philadelphia > History of Philadelphia, 1609-1884 > Part 149

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During the last fifty years immense progress has been made, not only in this city, but throughout the world, in the treatment of the unfortunate classes. A considerable number of the insane are cured and re- stored to society ; the idiotic are much advanced in self-control and the use of their faculties; the blind, if not taught to sec, are at least so instructed that they join steadily in labors for production, and obtain

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HISTORY OF PHILADELPHIA.

much enjoyment from life; the deaf and dumb are taught to articulate so as apparently to be able to join in the business of the community, or they are so highly instructed in sign-language that they can form a social community of their own of culture, and capable of much social enjoyment.

The greatest practical advance in human methods, however, has undoubtedly been in the care of the neglected, exposed, and abandoned male and female children, as seen in the foundation of so many hu- manitarian institutions throughont the country, in the opening of innumerable mission-schools for poor and ignorant children, and in such extended original and successful labors for the prevention of childish misery and crime as exist in this city. Nothing is more characteristic of the barbarous period of society than its utter neglect of children ; while, on the other hand, the highest attainment of social wisdom and the realization of Christianity are shown in the most watchful care for the young, and especially for the children of the unfortunate and the criminal. The culture of the young guards the future of society, and the prevention of misery and crime among children is a duty at once of economy and humanity. In no way can society save the vast losses it now sustains through pauperism and criminal offenses so well as by the care and education of the children of the most destitute classes. The extent and wisdom of this care are the measures of the civilization of a people. In this respect nothing can surpass the efforts of the charitable and benevolent associations of Philadel- phia, in their spirit, their organization, and their suc- cess, and they compare favorably with any other hu- manitarian agencies that can be found in the United States.

Besides those mentioned, Philadelphia also con- tains the following charitable, benevolent, social, aud religious institutions and associations :

Heatonville Relief Society, Geerge Institute, 5100 Lancaster Avenue. Sunday Breakfast Association, Eleventh and Wood Streete.

Female Episcopal Benevolent Society (Protestant Episcopal).

Female Hebrew Benevolent Society, 1411 Arch Street.

Female Association for Relief ef Sick and Infirm Poer (Friends'), 152 North Fifteenth Street.

Presbyterian Board of Relief for Disabled Ministers, and the Widews and Orphans of Deceased Ministers. Office, 1334 Chestnut Street.

Ladies' United And Society of the Methedist Church, Thirteenth Street and Lehigh Avenue.

Musical Fond Society. Hall, Locnat Street, above Eighth.

Nonpareil Typographical Society, 803 Locust Street.

Philadelphia Typographical Society, northwest corner Sixth and Walnut Streets.

Volunteer Firemen's Funeral Relief Association. Secretary's office, 511 South Fourth Street.

Society of the United Hebrew Charities, 325 Nerth Fifth Street.

Preachers' Aid Society of the Philadelphia Conference of the Meth- edist Episcopal Church, No. 1018 Arch Street.

Society for the Relief of Ministers and their Widewa of the German Reformed Church of the United States.

Passenger Railway Relief Association of Philadelphia.

Friends' Association for Relief of Sick and Infirm Poor, 152 North Fifteenth Street.

Fund for the Education of the Sons of the Clergy (Protestant Epis- copal).

Ladies Depository Association, 1024 Walnut Street.

Western Association of Ladies of Philadelphia for the Belief and Em- ployment of the Poor, 19 South Seventeenth Street.

Albien Society.

Cambrian Society and Weleh Benevolent Institute, southwest corner Twelfth and Filbert Streets.

Hildise Bund, 111 North Fifth Street.

Italian Society , Columbus Hall, Eighth Street, helow Fitzwater.

Kosciusko Asseciation.

Scandinavian Society, 347 North Third Street,

Sceta' Thistle Society, 216 Pine Street.

Vlastimal Society, 347 North Third Street.

Children's Asylum, Philadelphia Almshouse, Thirty-fourth and South Streete.

Children's Week in the Country, No. 1112 Girard Street.

Girard College, Ridge Avenue, above Nineteenth Street.

Orphans' Home of the Shepherd of the Lambs, Bridesburg.

Home for the Moral Reform of Destitute Colored Children.

Children's Aid Society, 1602 Chestnut Street.

The Pauline Heme for Pauper Children, No. 108 Penn Street, Ger- mantown.

Preachers' Aid Society of the Philadelphia Conference of the Meth- odist Episcopal Church. Office, 1018 Arch Street.

The Education Society of the Philadelphia Conference of the Meth- odist Episcopal Church. Office, 1018 Arch Street.

The Philadelphia Conference Missionary Society of the Methodist Episcopal Church. Colson Hieskell, president.

Tha Ladies' United Aid Society of the Methedist Episcopal Church. Mrs. Bishop Simpson, president, 1334 Arch Street.

Pean Industrial Reform Scheel.

Pennsylvania Society for the Prevention of Vice and Crime, 209 South Sixth Street.

Board of Public Charities of the State of Pennsylvania. Office 1224 Chestnut Street.

Germantowa Peer-House, Rittenhouse Street.

Roxborough Poor-House, Yellow Scheel Lane.

BENEFICIAL SOCIETIES.

Bank Clerka' Baneficial Association, southwest cerner ef Twelfth and Filhert Streets.

Book-Keepera' Beneficial Association, Twelfth and Filbert Streets.

Hunt Female Beneficial Association, 1137 Ogden Street.

Mercantile Beneficial Association, Mercantile Library Building, Tenth Street, above Chestnut.

Mutual Aid Association of Friends, Race Street, above Fifteenth,

National Beneficial Association, 462 North Fourth Street.

St. John's Young Men's Beneficial Society, Queen Street, near Sixth.

Young Men's Hebrew Association, Thirteenth and Arch Streets.

Free Sona of Israel, Magnolia Street, above Fifth.

Asbury Beneficial Society of the City and County of Philadelphia.

Expressmen's Beneficial Society of Philadelphia.

Female Hope Beneficial Society of the City and Liberties of Phila- delphia.

Philadelphia Union Beneficial Society.

St. Mary's Beneficial Society of the City of Philadelphia.

St. Paul's Beneficial Society of Young Men of the City and County ef Philadelphia.

Samaritan Beneficial Society of the City and County of Philadelphia. Southwark Beneficial Society.

United Hebrew Beneficial Society of Philadelphia.

Hebrew Society fer the Visitation of the Sick and Mutual Assistance.

Jefferson Assistance Society of Germantown.

Ladies' United Aid Society of the Methediet Episcopal Church in Philadelphia.

Keystone Mutual Beneficial Society, corner ef Sixth and Vine Streets.

Independent Female Beneficial Association, Mechanics' Hall.

Rising Sun Beneficial Association, Mechanice' Hall.

Mayflower Beneficial Association, Mechanics' Hall.

St. Matthew'a Beneficial Associatien, Eighteenth Street and Girard Avenue.

Unity Yearly Beneficial Association, northwest corner of Ridge Avenue and Wallace Street.

The Teachers' Beneficial Association of Philadelphia, Beard of Edu- catien Building, Filbert Street, aheve Seventh.

WORKINGMEN'S CLUBS.

Epiphany Workingmen's Club, Markat Street, below Seventeenth.

Franklin Workingmen's Club, 104 East Huntingden Street.

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THE BENCH AND BAR.

Germantown Workingmen's Club, 4504 Germantown Avenue.

St. Mark's Workingmen's Club, southwest corner of Seventeenth and Kater Streets.

St. Timothy'a Workingmen's Club and Institute, Wissahickon Station, Norristown Branch of Philadelphia and Reading Railroad.

Workingmen's Club and Reading-Room (Church of the Mediator), Sonth Nineteenth Street, above Lombard.

Workingmen's Club and Beneficial Society of St. Peter's Church, 100 Pine Street.

Workingmen's Club of Holy Trinity Pariah, 2322 Market Street.

Progressive Workingmen's Club, 424 South Eleventh Street.

Workingmen's Club and Reading-Rooms of St. Luke's Church, 342 Dngan Street.

St. Clement's Workingmen's Club, 254 North Twentieth Street.

Blue Bell Hill Workingmen's Club, Old Township Line and Walnut Lane.

Mount Vernon Workingmen's Club, 1125 Mount Vernon Street.

Trinity Church Workingmen's Club, Forty-second and Woodland Avenue.

St. Mark's Guild, Frankford.

Frienda' Association for the Free Instruction of Poor Children, Wins- low Street, near Jacoby.

Frienda' Association for the Aid and Elevation of the Freedmen.

Friends' Association for the Relief of Colored Freedmen.

Pennsylvania Society for Improving the Condition of the African Race.

Association of Friends for the Free Instruction of Adult Colored Persons, 304 Arch Street.

Orphan Education Society, under care of the Congregation Keneseth Israel, Sixth Street, above Brown.

Penn Sewing School (Friends'), Race Street, above Fifteenth.

West Philadelphia Industrial School (Roman Catholic), Pine and Thirty-ninth Streets.

FREE INSTITUTES AND LIBRARIES.

West Philadelphia Institute, northwest corner of Fortieth aud Ludlow Streets.

Young Man'a Institute, 232 Walnut Street, having charge of the fol- lowing, viz. :

1. Mechanica' Institute, South Fifth Street, below Washington Avenue.

2. Moyamenaing Literary Institute, corner of Catharine and Eleventh Streets

3. Philadelphia City Institute, northeast corner of Chestnut and Eighteenth Streets.

4. Spring Garden Institute, corner of Broad and Spring Garden Streets.

5. Kensington Literary Institute, corner of Girard Avenue and Day Street.

Sub-Primary School Society.

The Society for Providing Evangelical Literature for the Blind, 3518 Lancaster Avenne.

Bishop White Parish Library Association, 325 South Twelfth Street. Churchmen's Missionary Association for Seamen of the Port of Philadelphia (Protestant Episcopal), northwest corner of Front and Queen Streete.

Indians' Hope Association (Protestant Episcopal) of Pennsylvania, 411 Spruce Street.

Indian Aid Association (Friends'), Race Street, above Fifteenth.

Locust Street Mission Association (Friends'), southeast corner of Locnat and Raspberry Streets.

Board of City Missions of the Evangelical Lutheran Church of Phila- delphia, 726 North Seventh Street.

Board of Truateea of the Howard Building, Bainbridge Street, east of Fourth.

Bishop White Prayer-Book Society (Protestant Episcopal).

Bible Association of Frienda in America, 116 North Fourth Street.

Episcopal Female Tract Society Depository, 1226 Chestnut Streat. Female Prayer-Book Society, 719 Pine Street.

First-Day School Union.

Philadelphia Conference Tract Society, 1018 Arch Street.

Philadelphia Tract and Mission Society, 1224 Chestnut Street.

Society for the Increase of the Ministry. Under the auspicea of the Protestant Episcopal Church.

Tract Association of Friends, 404 Arch Street.

Young Men's Christian Association of Germantown, Main Street.

Philadelphia First-Day School Association, Fifteenth and Race Streets.

Mutual Aid Association of Friends, Fifteenth and Race Streets.

Protestant Episcopal Sunday-School Association, 1102 Walnut Street.

Women's Auxiliary to the Board of Missions (Protestant Episcopal).

Society for the Promoting Christianity among the Jewe (Protestant Episcopal).

Society for the Advancement of Christianity in Pennsylvania (Prot- estant Episcopal).

Flower Miasion.

Germantown Flower Mission.

Beneficent Building Association, 619 Walnut Street.

Pennsylvania Colonization Society. 609 Walnut Street. Pennsylvania Peace Society, 813 Arch Street.

Philadelphia Fountain Society. Office, 1512 Walnut Street.

Universal Peace Union, 813 Arch Street.

Church Temperance Society (Protestant Episcopal).

Home Teaching for Adult Blind.

CHAPTER XXXIX.

THE BENCH AND BAR.

WE know not how old may be the expression that, ever since our childhood, we have often heard, even among uneducated persons, when reference was made to uncommonly subtle and difficult questions,-" That would puzzle a Philadelphia lawyer." But whoever has carefully studied the history of the hench and har of this city has found why that expression origin- ated; for during a period of very many years, not only since, but before the Declaration of Indepen- dence (in the year 1776), the bench and the bar of Philadelphia were above those of any other city in North America. For a long time the most populous in the country, near the centre of its population, the chief gathering-place for the councils of the several colonies, afterward the seat of the Federal government for a quarter of a century, Philadelphia became the cynosure that attracted far more than its proportional share of talent, learning, and enterprise.

The lawyer was not an object of solicitude to the founder of Pennsylvania. The people who came with him were opposed to litigation and to lawyers who were servants of litigation. The earliest legis- lation of the province was such as tended to dis- courage, and even prevent, the rise of the legal profession, as if it were hostile or at least hindering to civil and social progress. William Penn and Friends who came with him were influenced by this prejudice. In some respects a man of marvel- ons sagacity, a statesman, considering the examples of his times, of uncommon sense of justice and liber- ality, yet he dreaded the influence upon his proprie- tary rights and the fortunes of his family by the too early growth into importance of a class above a safe level of intelligence in the concerns of government. A judicature of some sort he could not fail to know

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to be necessary for society, however peaceful and pious in its foundation. Yet he thought it prudent to organize it by placing at its head such men as Cousins Markham and Crispin, not too learned in the lore of courts, and especially men who would be faithful to himself, who was the chief fountain of all law in the province.

William Penn was a man who deeply, sincerely loved peace. It was his earnest desire that all disputes among his followers should be settled among themselves, either by private reference or at "meet- ing." Knowing this to be impracticable upon other than a very limited scale, he provided for the ap- pointment of " peacemakers," who were to be arbi- trators with the powers of judges and jurors to settle disputes. These means failing, he organized courts which were to be held in terror over those who had failed to "agree with their adversaries while in the way with them." It is interesting to contemplate the curious blending of the functions of government in these courts instituted by a man of great virtues and sagacity, yet not learned in judicial science, and jealous, perhaps unconsciously to much extent, of | proprietary and his Council held Admiralty jurisdic- those who might be.

There was the Provincial Council, presided over by Penn himself, proprietary and Governor. This, also, exercised in some matters the functions of a High Court of Errors and Appeals. The following is a decree rendered in this court in an early case : The Court " advised them [the parties] to shake hands and forgive one another, and ordered that they should enter into bonds for fifty pounds a piece for their good abearance, which accordingly they did." The final order in the decree seems strange, considering how fair was the proprietary in his usual dealings. "It was also ordered that the records of the court con- cerning that business should be burnt." This action was prophetic of what was to be afterward when the press should make its first efforts to become free. The proprietary was desirous that whatever was discordant or unhappy in his government should be known as little as possible to the public, abroad or at home; that his administration, if not entirely peaceful, should at least appear so, except among the discordant and litigant themselves. His opposition to lawyers was owing as much, perhaps, as any other reason, to his apprehension of their fomenting litigation, and the publicity that would be given by their extravagant assaults and defenses of parties in judicial suits.

With the exception of this unreasonable prejudice, the earliest system of provincial jurisdiction was singu- larly good, consisting of that above mentioned, and those subordinate. Peter McCall, in his address before the Law Academy of Philadelphia, in 1838, thus speaks of that system : " The first organization of the courts was admirable for its simplicity and conven- ience. The County Court, in the days of Alfred and Egbert, a tribunal of great dignity and splendor, was drawn from the obscurity into which it had sunk after

the Norman invasion, and was made the ground-work of the edifice. It was composed of the justices of the peace of the several counties, with an appeal to the Provincial or Supreme Court. The Provincial Court originally consisted of five judges. The members afterward varied from five to three, who went their circuits every fall and spring in each county. To it belonged the cognizance of the higher criminal offenses, and all appeals from the County Courts, both in law and equity. To complete the structure there were added the Quarter Sessions and Orphans' Court, and the Admiralty. Such was the plan of the judicial system established at the settlement of the colony ; so simple, yet convenient in its arrangements, that though frequent alterations were made in its details by subsequent legislation, the general outline remains to the present day a standing proof of its enduring excellence."

As early as 1685 the county courts, which had there- tofore been courts of law only, were made those of equity also, the same justices holding them, but when sitting in equity causes called commissioners. The tion until the year 1693, after which the judges of the Vice-Admiralty were appointed by the commissioners of the Admiralty in England, with commissions by the crown under the great seal of the High Court of Admiralty. In 1789 the Admiralty jurisdiction was vested by the Constitution of the United States in the United States District Courts.

Penn made whatever efforts that seemed possible of success to make the evil of lawyers, whom he could not hut foresee would arise in time, as harmless as possible. In the year 1686 a law was made "for the avoiding of too frequent clamors and manifest incon- veniences which usually attend mercenary pleadings in civil causes." By this law it was enacted that " noe person shall plead in any civill causes of an- other in any court whatsoever within this province and territories before he be solemnly attested in open court that he neither directly nor indirectly hath in anywise taken, or will take or receive to his use or benefit any reward whatsoever for his soe pleading, under penalty of £5, if the contrary be made appear." Before this, besides the right of all persons to "plead in their own cases," had been allowed that whenever not able so to do, "by their friends." A lawyer, therefore, might plead for the love but not the money of his friend, a rule that did not seem likely to pro- duce very soon a very able bar. To prevent further litigation that might make necessary the employment of persons learned in the law, the arbitration law was passed in 1705, providing that parties having accounts to produce one against another may consent to a rule of court for referring the adjustment thereof to certain persons mutually chosen by them in open court, whose award, when approved of by the court and entered upon the record, should have the effect of a verdict given by a jury. This law was extremely popular

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and was adhered to for many years subsequent to the war of independence.

Of the county courts there were three : the Com- mon Pleas, Quarter Sessions of the Peace, and the Orphans' Court. Special Courts of Oyer and Ter- miner were held by judges specially appointed for that service from time to time, including almost always at least one of those on the Supreme Bench. Besides these was the City Court, consisting of the mayor, recorder, and aldermen, presided over by the recorder. As to the locality of what is known as equity jurisdiction apart from that of common law, it maintained during many years conflicts for inde- pendent separate existence.

In Pennsylvania there were courts before Penn. Forty years anterior to his proprietorship (1642) they had been established by John Printz, the Swedish Governor, at New Gottenburg, now Tinicum. This lawgiver had instructed his judges to decide all con- troversies according to the laws, customs, and usages of Sweden. The seat of justice was removed to Up- land (since Chester) about twenty years afterward, the Dutch on taking possession of the country (in 1664) and the English (1672) having allowed, until Penn's accession, the magistrates to continue in office. In fact, for several years Upland Court was the supe- rior tribunal which ruled in legal matters over all the territory upon the upper Delaware from Chester up to the falls.

Penn came to his office with his share of the notions of his countrymen who were unlearned in the law, about both the necessity of its being and of restraint upon the action of its officials. It is curious to con- template how soon an able bar arose in Philadelphia, when we remember not only rules were made against their practicing in the courts for fees or rewards, but that for a long period none of them were placed upon the bench; and, further, that these courts, thus insti- tuted, were partly judicial, partly executive, partly legislative; and, further, that their judicial functions were partly according to common law and partly to equity. To add to what now, at least, appears to have been confusing, some of the officials in one court had co-ordinate jurisdiction with those in another; for instance, the aldermen of the city sat in the City Court as associate judges, the recorder at the head, and such of those as were justices of the peace and of the courts assisted the other justices or judges in the Common Pleas, Quarter Sessions, and Orphans' Courts. They were justices of the peace who were com- missioned as justices of the courts that held the county courts (Common Pleas, Quarter Sessions, and Orphans' Court) from the beginning as far as the Revolution ; and before that time, certainly at least in the Court of Common Pleas, scarcely a single lawyer had ever heen raised to the bench. Ax for the confusion concerning the exercise of equity jurisdiction, this arose, in spite of the fact that it was assigned by law to the Court of Common Pleas, from the lack of learning of all

sorts among the early judges. We are informed that out of the act of 1701 that invested the judges of the Common Pleas with equity powers, arose speedily a dispute whether the Governor should or should not be chancellor.

Yet it is scarcely to be denied that this very con- fusion regarding the province of equity was a benefit to judicial legislation not only in Pennsylvania, but in other States which looked to Philadel- phia when it possessed the most gifted examples, both upon the bench and at the bar. Except for a period of fifteen years (from 1720 to 1735) there never has been in the State a distinet Court of Chan- eery. Such a court was established during the ad- ministration of Governor Keith; but it was abol- ished after the brief period above mentioned. Under his influence the law had been enacted in the hope of settling forever the question of where was located the proper home of that jurisdiction that was in- tended to baffle the chicanery of lawyers, and miti- gate the rigors of the common law. The Governor's proclamation regarding that court runs thus :

"A PROCLAMATION .- Whereas, complaints have been made that Courts of Chancery or Equity are absolutely necessary in the adminis- tration of Justice for mitigating in many cases ye Rigor of ye Laws, whose Judgments are tied down to fixed atul unalterable Rules, and for Opeoing a way to the Right and Equity of a Cause, for which the Law cannot in all cases make a Sufficient Provision, Have, notwithstanding, been but too seldom regularly held in this Province in such a manner as ye Aggrieved Subject might obtain ye Relief which by such Courts ought to be Granted. And, Whereas, the Representatives of ye Freemen of this Province, taking the same into Consideration, did at their last meeting in Assembly request me that I would with ye Assistance of ye Council Open and hold auch a Court of Equity for thle Province. To ye end, therefore, that his Majesties' good subjects may no longer labor under those inconveniences which are now Complained of, I liave thought fitt by. &c., with ye advice of yo Council, hereby to Publish and Declare, That with their assistance I Purpose (God Willing) to open and hold a Court of Chancery or Equity for this Province of Pennsylvania at ye Court-House of Philadelphia, on Thursday, ye twenty-fifth day of this instant ( August), From which date the said Court will be and re- main always open for ye Relief of yo subject, to hear and Determine all such mattera arisiog within the Province aforesd us are regularly cog- nizable before any Court of Chancery, According to ye Laws and Con- stitution of that part of Great Britain called England and his Majesties' Judgea of his Supreme Court, as well as ye Justices of yo Superior Courts, and all others whom it may concern are required to take notice hereof and govern themselves accordingly.

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History of Philadelphia, 1609-1884, Part 149

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author Publication date: 1884 Publisher: Philadelphia, Pa. : L. H. Everts & Co. Number of Pages: 992

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author
Publication date: 1884
Publisher: Philadelphia, Pa. : L. H. Everts & Co.
Number of Pages: 992