USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1833 > Part 52
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in the city of New York (that being the first port on the continent of North America at which I arrived); and lastly, to those born in the city of New Orleans, being the first port on the said continent at which I first traded, in the first instance as first officer, and sub- sequently as master and part owner of a vessel and cargo.
7. The orphans admitted into the college, shall be there fed with plain but wholesome food, clothed with plain but decent apparel, (no distinctive dress ever to be worn) and lodged in a plain but safe manner: Due re- gard shall be paid to their health, and to this end their persons and clothes shall be kept clean, and they shall have suitable and rational exercise and recreation: They shall be instructed in the various branches of a sound education, comprehending reading, writing, gram- mar, arithmetic, geography, navigation, surveying, prac- tical mathematics, astronomy, natural, chemical, and experimental philosophy, the French and Spanish lan- guages, (I do not forbid, but I do not recommend the Greek and Latin languages)-and such other learning and science as the capacities of the several scholars may merit or warrant: I would have them taught facts and things, rather than words or signs: And, especially, I desire, that by every proper means a pure attachment to our republican institutions, and to the sacred rights of conscience, as guaranteed by our happy constitutions, shall be formed and fostered in the minds of the scho- lars.
8. Should it unfortunately happen, that any of the orphans, admitted into the college, shall, from mal- conduct, have become unfit companions for the rest, and mild means of reformation prove abortive, they should no longer remain therein.
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9. Those scholars, who shall merit it, shall remain in the college until they shall respectively arrive at be- tween fourteen and eighteen years of age; they shall then be bound out by the Mayor, Aldermen and Citi- zens of Philadelphia, or under their direction, to suitable occupations, as those of agriculture, navigation, arts, mechanical trades, and manufactures, according to the capacities and acquirements of the scholars respective- ly, consulting, as far as prudence shall justify it, the inclinations of the several scholars, as to the occupa- tion, art, or trade, to be learned.
In relation to the organization of the college and its appendages, I leave, necessarily, many details to the Mayor, Aldermen and Citizens of Philadelphia, and their successors; and I do so, with the more confi- dence, as, from the nature of my bequests and the bene- fit to result from them, I trust that my fellow citizens of Philadelphia, will observe and evince especial care and anxiety in selecting members for their city coun- cils, and other agents.
There are, however, some restrictions, which I con- sider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said col- lege is made and to be enjoyed, namely: first, I enjoin and require, that, if, at the close of any year, the in- come of the fund devoted to the purposes of the said college shall be more than sufficient for the mainte- nance of the institution during that year, then the ba- lance of the said income, after defraying such mainte- nance, shall be forthwith invested in good securities, thereafter to be and remain a part of the capital; but, in no event, shall any part of the said capital be sold, disposed of, or pledged, to meet the current expenses of the said institution; to which I devote the interest, in-
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come, and dividends thereof, exclusively: Secondly, I enjoin and require that no ecclesiastic, missionary, or minister of any sect whatsoever, shall ever hold or exercise any station or duty whatever in the said college; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college :- In making this restriction, I do not mean to cast any reflection upon any sect or per- son whatsoever; but, as there is such a multitude of sects, and such a diversity of opinion amongst them, I. desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement, which clashing doctrines and sectarian controversy are so apt to produce; my desire is, that all the instructors and teachers in the college shall take pains to instil into the minds of the scholars, the purest principles of morality, so that, on their entrance into ac- tive life, they may from inclination and habit, evince be- nevolence towards their fellow creatures, and a love of truth, sobriety and industry, adopting at the same time such religious tenets as their matured reason may enable them to prefer .- If the income, arising from that part of the said sum of two millions of dollars, remaining after the construction and furnishing of the college and out-buildings, shall, owing to the increase of the number of orphans applying for admission, or other cause, be inadequate to the construction of new build- ings, or the maintenance and education of as many orphans as may apply for admission, then such further sum as may be necessary for the construction of new buildings and the maintenance and education of such further number of orphans, as can be maintained and instructed within such buildings as the said square of ground shall be adequate to, shall be taken from the
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final residuary fund hereinafter expressly referred to for the purpose, comprehending the income of my real estate in the city and county of Philadelphia, and the dividends of my stock in the Schuylkill Navigation Company-my design and desire being, that the bene- fits of said institution shall be extended to as great a number of orphans as the limits of the said square and buildings therein can accommodate.
XXII. And as to the further sum of Five Hundred Thousand Dollars, part of the residue of my personal estate, in trust, to invest the same securely, and to keep the same so invested, and to apply the income thereof exclusively to the following purposes: that is to say-
1. To lay out, regulate, curb, light and pave a pas- sage or street, on the east part of the city of Philadel- phia, fronting the river Delaware, not less than twenty- one feet wide, and to be called Delaware Avenue, ex- tending from South or Cedar Street, all along the east part of Water Street squares, and the west side of the logs, which form the heads of the docks, or thereabouts; and to this intent to obtain such Acts of Assembly, and to make such purchases or agreements, as will enable the Mayor, Aldermen and Citizens of Philadel- phia to remove or pull down all the buildings, fences and obstructions which may be in the way, and to pro- hibit all buildings, fences, or erections of any kind to the eastward of said Avenue; to fill up the heads of such of the docks as may not afford sufficient room for the said street; to compel the owners of wharves to keep them clean and covered completely with gravel or other hard materials, and to be so levelled that water will not remain thereon after a shower of rain; to completely clean and keep clean all the docks within
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the limits of the city, fronting on the Delaware; and to pull down all platforms carried out, from the east part of the city over the river Delaware on piles or pillars. 2. To pull down and remove all wooden buildings, as well those made of wood and other combustible ma- terials, as those called brick-paned, or frame build- ings filled in with bricks, that are erected within the limits of the city of Philadelphia, and also to prohibit the erection of any such building, within the said city's limits at any future time.
3. To regulate, widen, pave and curb Water Street, and to distribute the Schuylkill water therein upon the following plan, that is to say-that Water Street be widened east and west from Vine Street all the way to South Street, in like manner as it is from the front of my dwelling to the front of my stores on the west side of Water Street, and the regulation of the curb- stones continued at the same distance from one ano- ther, as they are at present opposite to the said dwell- ing and stores, so that the regulation of the said street be not less than thirty-nine feet wide, and afford a large and convenient footway, clear of obstructions and incumbrances of every nature, and the cellar doors on which, if any shall be permitted, not to extend from the buildings on to the footway more than four feet; the said width to be increased gradually, as the fund shall permit, and as the capacity to remove impedi- ments shall increase, until there shall be a correct and permanent regulation of Water Street, on the princi- ples above stated, so that it may run north and south as straight as possible. That the ten feet middle Alley, belonging to the public, and running from the centre of the east squares to Front Street all the way down across Water Street to the river Delaware, be kept open and
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cleaned as city property, all the way from Vine to South Street; that such part of each centre or middle Alley as runs from Front to Water Street, be arched over with bricks or stone, in so strong a manner as to .. facilitate the building of plain and permanent stone steps and platforms, so that they may be washed and kept constantly clean; and that the continuance of the said Alleys, from the cast side of Water Street be curbed all the way to the river Delaware, and kept open forever. (I understand that those middle or cen- tre Alleys, were left open in the first plan of the lots, on the cast front of the city, which were granted from the east side of Front Street to the river Delaware, and that each lot on said cast front has contributed to make those Alleys by giving a part of their ground in proportion to the size of each lot; those Alleys were in the first instance, and still are, considered public property, intended for the convenience of the inhabi- tants residing in Front Street to go down to the river for water and other purposes; but, owing to neglect or to some other cause, on the part of those who have had the care of the city property, several encroach- ments have been made on them by individuals, by wholly occupying, or building over them, or otherwise, and in that way the inhabitants, more particularly those who reside in the neighbourhood, are deprived of the benefit of that wholesome air, which their opening and cleans- ing throughout would afford.) That the iron pipes, in Water Street, which, by being of smaller size than those in the other streets, and too near the surface of the ground, cause constant leaks, particularly in the winter season, which in many places render the street impassible, be taken up and replaced by pipes of the same size, quality and dimensions in every respect, and
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laid down as deeply from the surface of the ground, as the iron pipes, which are laid in the main streets of the city; and as it respects pumps for Schuylkill water and fire-plugs in Water Street, that one of each be fixed at the south-west corner of Vine and Water Streets, and so running southward, one of each near the steps of the centre Alley, going up to Front Street; One of each at the south-west corner of Sassafras and Water Streets, one of each near the steps of the centre Alley going up to Front Street, and so on at every south-west corner of all the main streets and Water Street, and of the centre Alleys of every square, as far as South or Cedar Street; and when the same shall have been completed, that all Water Street shall be repaved by the best workmen, in the most complete manner, with the best paving water-stones, after the height of the curb-stones shall have been regulated throughout, as well as the ascent and descent of the street, in such manner as to conduct the water through the main streets and the centre Alleys to the river De- laware, as far as practicable; and whenever any part of the street shall want to be raised, to use nothing but good paving gravel for that purpose, so as to make the paving as permanent as possible. By all which im- provements, it is my intention to place and maintain the section of the city above referred to, in a condition which will correspond better with the general cleanli- ness and appearance of the whole city, and be more consistent with the safety, health, and comfort of the citizens. And my mind and will are, that all the in- come, interest, and dividends of the said capital sum of five hundred thousand dollars, shall be yearly, and every year, expended upon the said objects, in the order in which I have stated them as closely as possible, and
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upon no other objects until those enumerated shall have been attained; and, when those objects shall have been accomplished, I authorize and direct the said The Mayor, Aldermen, and Citizens, to apply such part of the income of the said capital sum of five hundred thou- sand dollars, as they may think proper to the further improvement, from time to time, of the eastern or De- laware front of the city.
XXIII. I give and bequeath to the Commonwealth of Pennsylvania, the sum of Three Hundred Thousand Dollars, for the purpose of internal improvement by canal navigation, to be paid into the State treasury by my executors, as soon as such laws shall have been enacted by the constituted authorities of the said Commonwealth as shall be necessary, and amply sufficient to carry into effect, or to enable the constituted authorities of the city of Philadelphia to carry into effect the several improve- ments above specified; namely, 1. Laws, to cause Dela- . ware Avenue, as above described, to be made, paved, curbed, and lighted; to cause the buildings, fences, and other obstructions now existing to be abated and re- moved; and to prohibit the creation of any suchi ob- structions to the eastward of said Delaware Avenue; 2. Laws, to cause all wooden buildings as above de- scribed to be removed, and to prohibit their future erection within the limits of the city of Philadelphia; 3. Laws, providing for the gradual widening, regu- lating, paving, and curbing Water Street, as herein before described, and also for the repairing the middle alleys, and introducing the Schuylkill water, and pumps, as before specified-all which objects may, I persuade myself, be accomplished on principles at once just in relation to individuals, and highly beneficial to the public: the said sum, however, not to be paid, unless said laws be passed within one year after my decease.
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XXIV. And as it regards the remainder of said resi- due of my personal estate, in trust, to invest the same in good securities, and in like manner to invest the interest and income thereof from time to time, so that the whole shall form a permanent fund; and to apply the income of the said fund,
1st. To the further improvement and maintenance of the aforesaid College, as directed in the last para- graph of the XXIst clause of this Will:
2d. To enable the Corporation of the City of Phila- delphia to provide more effectually than they now do, for the security of the persons and property of the in- habitants of the said City, by a competent police, including a sufficient number of watchmen, really suited to the purpose; and to this end, I recommend a divi- sion of the City, into watch districts, or four parts, each under a proper head, and that, at least two watchman shall, in each round or station, patrole to- gether.
3d. To enable the said Corporation to improve the City property, and the general appearance of the City itself, and, in effect, to diminish the burden of taxation, now most oppressive, especially on those who are the least able to bear it :-
To all which objects, the prosperity of the City, and the health and comfort of its inhabitants, I devote the said fund as aforesaid, and direct the income thereof to be applied yearly and every year forever, after pro- viding for the College as hereinbefore directed, as my primary object. But, if the said City shall knowingly and wilfully violate any of the conditions hereinbefore and hereinafter mentioned, then I give and bequeath the said remainder and accumulations to the Com- monwealth of Pennsylvania, for the purposes of inter-
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nal navigation; excepting, however, the rents, issues, and profits of my real estate in the City and County of Philadelphia, which shall forever be reserved and applied to maintain the aforesaid College, in the man- ner specified in the last paragraph of the XXIst clause of this Will: And if the Commonwealth of Pennsylva- nia shall fail to apply this or the preceding bequest to the purposes beforementioned, or shall apply any part thereof to any other use, or shall, for the term of one year, from the time of my decease, fail or omit to pass the laws hereinbefore specified for promoting the im- provement of the City of Philadelphia, then I give, devise and bequeath the said remainder and accumu- lations (the rents aforesaid always excepted and re- served for the College as aforesaid) to the United States of America, for the purposes of internal navigation, and no other.
Provided, nevertheless, and I do hereby declare, that all the preceding bequests and devises of the residue of my estate to the Mayor, Aldermen, and Citizens of Philadelphia, are made upon the following express con- ditions, that is to say :- First, That none of the monies, principal, interest, dividends, or rents, arising from the said residuary devise and bequest, shall at any time be applied to any other purpose or purposes whatever, than those herein mentioned and appointed :- Second, That separate accounts, distinct from the other ac- counts of the Corporation, shall be kept by the said Corporation, concerning the said devise, bequest, Col- lege, and funds, and of the investment and application thereof; and that a separate account or accounts of the same shall be kept in bank, not blended with any other account, so that it may at all times appear on exami- nation by a committee of the Legislature as herein-
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after mentioned, that my intentions had been fully complied with :- Third, That the said Corporation ren- der a detailed account annually, in duplicate, to the Legislature of the Commonwealth of Pennsylvania, at the commencement of the session, one copy for the Senate, and the other. for the House of Representa- tives, concerning the said devised and bequeathed es- tate, and the investment and application of the same, and also a report in like manner of the state of the said college, and shall submit all their books, papers, and ac- connts touching the same, to a committee or commit- tees of the Legislature for examination, when the same shall be required.
Fourth, the said Corporation shall also cause to be published in the month of January, annually, in two or more newspapers, printed in the City of Philadelphia, a concise but plain account of the state of the trusts, devises and bequests herein declared and made, com- prehending the condition of the said college, the num- ber of scholars, and other particulars needful to be publicly known, for the year next preceding the said month of January, annually.
XXV. And whereas I have executed an assignment, in trust, of my banking establishment, to take effect the day before my decease, to the intent that all the con- cerns thereof may be closed by themselves, without being blended with the concerns of my general estate, and the balance remaining to be paid over to my exe- cutors: Now, I do hereby direct my executors, herein- aftermentioned, not to interfere with the said trust in any way except to see that the same is faithfully exe- cuted, and to aid the execution thereof by all such acts and deeds as may be necessary and expedient to effec- tuate the same, so that it my be speedily closed, and
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the balance paid over to my executors, to go, as in my Will, into the residue of my estate: And I do hereby authorize, direct, and empower the said trustees, from time to time, as the capital of the said bank shall be received, and shall not be wanted for the discharge of the debts due thereat, to invest the same in good se- curities in the names of my executors, and to hand over the same to them, to be disposed of according to this my Will.
XXVI. Lastly, I do hereby nominate and appoint Timothy Paxson, Thomas P. Cope, Joseph Roberts, William J. Duane, and John A. Barclay, executors of this my last Will and Testament: I recommend to them to close the concerns of my estate as expeditiously as possible, and to see that my intentions in respect to the residue of my estate are and shall be strictly complied with: and I do hereby revoke all other Wills by me heretofore made.
In witness, I, the said Stephen Girard, have to this my last Will and Testament, contained in thirty-five pages, set my hand at the bottom of each page, and my hand and scal at the bottom of this page; the said Will executed, from motives of prudence, in duplicate, this sixteenth day of February, in the year one thou- sand eight hundred and thirty.
STEPHEN GIRARD. [Scul.]
Signed, sealed, published, and declared? by the said Stephen Girard, as and for his last Will and Testament, in the presence of us, who have at his re- quest hercunto subscribed our names as witnesses thereto, in the presence of the said Testator, and of each other. Feb. 16, 1830.
JOHN H. IRWIN, SAMUEL ARTHUR, S. 11. CARPENTER
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WHEREAS, I, Stephen Girard, the Testator named in the foregoing Will and Testament, dated the six- teenth day of February, eighteen hundred and thirty, have, since the execution thereof, purchased several parcels and pieces of real estate, and have built sundry Messuages, all which, as well as any real estate that I may hereafter purchase, it is my wish and intention to pass by the said Will: Now, I do hereby republish the foregoing last Will and Testament, dated February 16, 1830, and do confirm the same in all particulars : In witness, I, the said Stephen Girard, set my hand and seal hereunto, the twenty-fifth day of December, eigh- teen hundred and thirty.
STEPHEN GIRARD. [Seal.]
Signed, sealed, published, and declared) by the said Stephen Girard, as and for a republication of his last Will and Tes- tament, in the presence of us, who, at his request, have hereunto subscribed our names as Witnesses thereto in the pre- sence of the said Testator and of each other, December 25th, 1830.
JOHN H. IRVIN, SAMUEL ARTHUR, JNO. THOMSON.
WHEREAS, I, Stephen Girard, the Testator named in the foregoing Will and Testament, dated February 16, 1830, have, since the execution, thereof, purchased several parcels and pieces of land and real estate, and have built sundry Messuages, all which, as well as any real estate that I may hereafter purchase, it is my intention to pass by said Will; And whereas in parti- cular, I have recently purchased from Mr. William Parker, the Mansion House, out-buildings, and forty- five acres and some perches of land, called Peel Hall, on the Ridge Road, in Penn Township: Now, I declare it to be my intention, and I direct, that the Orphan
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establishment, provided for in my said Will, instead of being built as therein directed upon my square of ground between High and Chesnut and Eleventh and Twelfth Streets in the City of Philadelphia, shall be built upon the estate so purchased from Mr. W. Parker, and 1 hereby devote the said estate to that purpose, exclusive- ly, in the same manner as I had devoted the said square, hereby directing that all the improvements and arrangements for the said Orphan establishment pre- scribed by my said Will as to said square shall be made and executed upon the said estate, just as if I had in my Will devoted the said estate to said purpose- consequently, the said square of ground is to constitute, and I declare it to be a part of the residue and remain- der of my real and personal estate, and given and de- vised for the same uses and purposes as are declared in section twenty, of my Will, it being my intention that the said square of ground shall be built upon and im- proved in such a manner as to secure a safe and per- manent income for the purposes stated in said twentiethi section. In witness whereof, I, the said Stephen Gi- rard, set my hand and scal hereunto, the twentieth day of June, eighteen hundred and thirty one.
STEPHEN GIRARD. [Scal.]
Signed, sealed, published, and declared, ? by the said Stephen Girard, as and for a republication of his last Will and Testament, and a further direction in relation to the real estate therein men- tioned, in the presence of us, who, at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator, and of each other, June 20, 1831.
S. H. CARPENTER, 1 .. BARDIN, SAMUEL ARTHUR.
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Philadelphia, December 31st, 1831,-Then personally ap- peared Samuel Arthur and S. H. Carpenter, two of the wit- nesses to the foregoing Will and the second Codicil or repub- lication thereof, and on their oaths did say that they were present, and did see and hear Stephen Girard the testator in the said Will and second republication thereof named, sign, seal, publish and declare the same as and for his last Will and Testament, and republication thereof, and that at the doing thercof, he was of sound mind, memory and understanding, to the best of their knowledge and belief; and at the same time appeared Jno. Thomson, one of the witnesses to the first re- publication of said Will, and on his solemn affirmation did say that he was present, and did sec and hear Stephen Girard, the testator in the first republication of said Will, named, sign, scal, publish, and declare the same as and for a republication of his last Will and Testament. And the said Samuel Ar- thur, another of the witnesses to said first republication of said Will, on his oath did further say, that he was present, and did see and hear Stephen Girard, the testator in the first re- publication of said Will, named, sign, seal, publish and de- clare the same as and for a republication of his last Will and Testament, and they both did say that at the doing thercof, he was of sound mind, memory and understanding, to the best of their knowledge and belief.
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