USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX > Part 12
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Lebanon
20,546
Schuylkill
20,783
Calvin Blythe.
Juniata
Northumberland 18,163
Union
20,749
Columbia 20,069-240,688 Seth Chapman,
3d Circuit, including
Luzerne
27,304
Wayne
7,663
David Scott.
Pike
4,843
Susquehanna
16,777
Lycoming
17,637
Bradford
19,669
Edward Herrick.
Tioga
9,062
Potter and M'Kean 2,704
Jefferson
2,225
Warren
4,706
Venango
9,128
Crawford
16,005
Erie
16,906-167,629 Henry Shippen.
This circuit has the least population, but the greatest extent of territory.
4th Circuit, including
Franklin
35,103
Bedford 24,506
Somerset 17,441
Cumberland 29,218
Adams
21,379
Perry
14,257
John Roed.
27,159
· Mifflin 21,529
Centre
18,765
Clearfield 4,803-214,190 Thomas Burnside.
· The county of Juniata has been struck off from Mifflin and attached to Judge Blythe's district, I include it therefore in the 2d circuit-it will increase the popu- lation of the 2d circuit and lessen that of the 4th.
5th circuit, including
Allegheny, 50,506
Beaver, 24,206
Butler, 14,683
John Bredin.
Mercer, 19,731
Westmoreland, 38,400
Indiana, 14,250
Armstrong,
17,625 John Young.
Washington,
42,860
Fayette,
29,287
Greene, 18,028-264,576 Th. H. Baird.
This circuit has a greater population than any other except the first, in which there is a district court. 1 pro- pose that there should be also a district court in Alle- gheny, and as there are four judges in this circuit, this can be done without any increase of expense, either by commissioning one of them for that special purpose, or by requiring them to alternate in holding that court.
My plan is this: Let there be four terms in the year as at present. "Let two terms, at intervals of six months, be assigned for the trial of issues of fact in Common Pleas and cases in the Oyer and Terminer. At each of these terms one of the president judges shall attend, and they shall so alternate in the performance of their judi- cial duties, that no one shall preside in the same county twice in succession unless with the consent of the bar in writing. At the other two terms the associate judges will hold the ordinary quarter sessions and dispose of the mere routine of motinns, rules, &c. in the Common Pleas, Orphans' Court, &c., and also try indictments for petty offences. All cases of magnitude or importance, to be upon application continued until the next term, when one of the presidents may be present. The ce urts for the trial of issues of fact to be prolonged in the dis- cretion of the judges until the causes are all disposed of, There shall be one court every year in each county, at which the president judges in the circuit will all attend. At this term all law questions shall be deliberately heard and determined. Motions for new trial, demurrers, &c. &c. and all matters reserved or continued from the quar- terly courts. There will be no jury, and therefore no additional expense to the public; arguments can be heard and considered, free from the hurry and bustle of a jury court. The sitting of this court in bank to be ar- ranged so as to allow a writ of errorto the supreme court without delay. It is believed that when the three law judges concur, there will be few writs of error.
The present division of districts to be done away. Each of the judges to have equal powers and jurisdic- tion with the others within the circuit. Every thing like local, exclusive jurisdiction, to be abolished. The process issued, returnable to every term, to be tested in the name of the judge who last presided. And at the courts in bank in each county, that judge to preside who last held the court for trial by jury in that county. The rules for practice to be formed by the three judges, and to be uniform throughout the circuit.
Special courts and circuit courts to be abolished. But that there may be confidence and stability in the adju- dication of the appellate court in the last resort, I pro- pose to revise with certain modifications the high court of errors and appeals, to be composed of the judges of the supreme court, and one president from each circuit, in alternation. This court to be held once a year at Ilarrisburg. No appeal to this final tribunal to be al- lowed, except in cases where the judges of the supreme court have divided in opinion. This high court also to have power to make, adjust and alter the rules of prac- tice in the several circuits, so as to effect uniformity and
Alex. Thompson.
JUDICIARY SYSTEM.
1832.]
Charles Shaler.
38
PROCEEDINGS OF COUNCILS.
[JANUARI
efficiency. This is a brief outline of the proposed mo- dification. Many important particulars will be embraced in the details, if the plan should be adopted.
Allow me now to suggest some of the advantages that I anticipate from the change I offer: and
1st. It will afford to every suiter an opportunity of having his cause tried by a judge who is neither inter- ested in the court nor the question; and towards whom he has neither partiality nor prejudice .- It will there- fore,
2d. Make special courts and circuit courts unneces- sary, for both these expedients have originated from the objections of parties to their several judges.
3d. More business will be done. I have no hesitation in saying that a greater number of causes can be tried at the two terms proposed than are now at four. The time of the court will not be taken up, nor their attention in- terrupted (as at present) with motions, rules, and all the vast variety of concerns that render our jury courts a scene of confusion and turmoil. Besides, it will be found that many cases will be stated for hearing and de- liberation by the three judges at their term in bank.
4th. It will afford time to examine legal questions, which now have to be decided (often without argument) in all the hurry of a jury court. The judge may reason points, or his opinion delivered to the jury may be re- examined before the court in bank, upon a motion for new trial. Should the other judges sustain, it is proba- ble that in most cases the losing party would acquiesce.
5th It would excite a laudable emulation in the judges by their presenting them before the people in a situation for fair comparison and estimate.
6th. It would relieve the supreme court from a part of their present onerous charge, and would afford them leisure for study and reflection.
7th. It would introduce uniformity in the practice of the courts.
8th. Last, but not least, it will not increase the pub- lic burthen. I have seen a project which proposes the appointment of circuit judges, &c. &c. The expense of this plan will be enormous, and I fear the people, with such a weight of debt upon them, will not be wil- ling to encounter such an experiment. If judges are appointed, and thus drawn from other pursuits in life, they cannot with propriety be dismissed. The plan of- fered in the petition I have seen, is very doubtful as to its practical efficiency. The one I submit is at all events sofe: the experiment will cost nothing, it makes no se- rious change or derangement in the order of things. If it should be unsuccessful, the matter may be placed- in stulu quo, or some other plan adopted, when the people may be more willing to meet the expense.
I submitted last year something of the kind I now of- fer. The memorandum I have mislaid or lost." The general idea, however, is in my memory, and I have given you the outline. If you think it contains any hint that may be useful, please to have it presented to the committee who may have the matter in charge.
I am altogether opposed to the plan proposed in cer- tain petitions that have been put into circulation. It is expensive, complex, and I conceive not likely to be effi- cient. The precise operation I cannot entirely com- prehend. I am anxious that something should be done, but I do not wish to increase the public expense, nor add to the labour of the district judges, unless it is clear that there will be advantage. - Hurrisburg Chronicle.
PROCEEDINGS OF COUNCILS.
THURSDAY, January 12th, 1832.
SELECT COUNCIL .- Mr. JOHNSON presented the following petition, which was referred to the Paving committee.
Tu the Select and Common Councils of the City of Phila- delphia.
The petition of the undersigned citizens respectfully sboweth, that your petitioners labor under great incon-
venience from the immense body of water that is thrown into South street, between Fifth and Sixth streets, from the adjoining streets and alleys, which in the winter season collects large bodies of ice, to the great injury of the inhabitants, and danger and inconvenience of passengers. Also much expense is incurred by the Corporation in employing men to cut out the ice so as to prevent in some measure, the water from overflowing the foot pavement into the Houses, on the north side of said street. Your petitioners therefore most respectful- ly request your honorable body to cause the South street sewer to be extended from its present termina- tion above Fifth street to the upper side of Sixth street, which in the opinion of your petitioners will remedy the evil they seriously complain of; and your petitioners will ever pray, &c.
Philadelphia, Dec. 26, 1831.
Mr. WORRELL presented the annexed communication from Mr. Conrad, which was referred to a special com- mittee, and Messrs. Worrell, Johnson, Sexton and Moss, were appointed the committte.
To the Select and Common Councils of the City of Phila- delphia.
Gentlemen-The petition of the subscriber respectful- ly represents that he is the owner of certain property located in Second, north of Arch street, known by the name of Conrad's Court, and containing twelve three storied dwelling houses; that your petitioner consider- ing it but justice, that the sa'd Court should be lighted at the public expense, made application to the Commission- ers for that purpose, who very politely attended to the request, but considering it would be transcending their power, referred me to Councils for authority to do so, your petitioner therefore begs that Councils would appoint a committee to examine the premises and to direct the lighting of said Court, the lamps for which are already up, and your petitioner will &c.
MATTHEW CONRAD.
Philadelphia, January 10th, 1832.
The undersigned citizens of the city of Philadelphia, residing in the immmediate neighborhood of the above named property, fully persuaded of the necessity of having said Court lighted, not only as to the immediate benefit to inhabitants of said Court, but as a general security, most respectfully recommend to the immediate attention of your honorable bodies the prayer of the petitioner, requesting that the same may be granted.
The following communications from the City Commis- sioners-and City Clerk, were received, and referred to the committe of accounts.
CITY CLERK'S OFFICE, 2 January 12th, 1832. S To the President and Members of the Select Council.
Gentlemen-The City Clerk respectfully lays before Council a printed statement of receipts for permits for placing building materials, and for entries of hackney coaches, sleighs, carts, drays and wheel-barrows, to- gether with a statement of his payments to the City Treasurer during the fourth quarter of 1831.
Respectfully submitted, ROBERT H. SMITH, City Clerk.
CITY COMMISSIONERS' OFFICE, January 12, 1832. To the President and Members of the Select Council.
Gentlemen-The City Commissioners respectfully lay before Councils printed statements of their expendi- tures during the last quarter of 1831, together with statements of the cost of paving the several streets, . receipts for market rents, and miscellaneous receipts during that period. -
Respectfully submitted, By order of the City Commissioners, ROBERT H. SMITH, City Clerk.
The annexed letter from the Mayor of the City, enclosing the following statement from the Executors of the late Stephen Girard was received, and referred to the committee on said legacy.
39
MAYOR'S OFFICE, January 12th, 1832. 5
Tu the President of the Select and Common Councils.
Gentlemen-I enclose a further communication from the Executors of the late Mr. Girard, referring to a second schedule of real estate devised to the city and to certain considerations connected with a portion thereof; all of which is respectfully submitted,
Very respectfully, Yours, B. W. RICHARDS.
TENANTS AND HOUSES.
ANNUAL RENTS.
John Myers, No. 164 south Second street, $505 00
F. Dusar, No. 162} do.
505 00
J. R. Lejee, No. 162 do.
505 00
James Day, No. 160} do. 505 00
J. Cowpland, corner of Union & Comptroller st. 305 00 255 00
Jacob Beck, No 5 Comptroller street, Eldridge, No. 3 do.
255 00
Ishi Craven, corner of Spruce & Comptroller st. 305 00
J. B. Freeman, No. 12 Comptroller street,
205 00
H. Billington, No. 10 do. 205 00
Wm. S. Eastwick, No. 8 do. 205 00
J. N. Daniel, No. 6 do.
205 00
L. Mignard, No. 4 do.
205 00
M. Mouille, No. 2 do.
205 00
W. R. Thompson, No. 66 Spruce street, 405 00
Not finished, No.
do.
Do.
No.
do.
Do. No. do.
Do. No. do.
Do. No. do.
F. H. Wolf, No. 1 Harmony street, 225 00
Edward Leeds, No. 2 do.
215 00
Wm. Cowpland, No. 3 do. 205 00
J. C. Kayser. No. 70 south Third street, 705 00
G. Weber, No. 68
do.
605 00
Jonathan Alden, No. 46 do.
455 00
C. Bray, No. 44 do.
455 00
L. Veron & Co. 100 Chesnut street, 1605 00
Rob & Winebrenner, No. 102 do.
1805 00
A. Russell & Co. No. 104 do.
1605 00
Mrs. Hughes, No. 161 do.
605 00
Lewis Tecse, No. 161 do.
600 00
L. J. Levy, No. 163 do.
1205 00
S. Marshall, No 15 south Third street, 450 00
Thomas Sully, No. 11 do. 665 00
Vacant, No. 5 south Twelfth street, Do. No. 3 do.
Dr. J. Y. Clark, corner Twelfth & Market st. 708 00
Rev. A. Barnes, No. 1 south Eleventh street, 505 00
Wm. Reed, No. 3 do.
505 00
505 00 G. W. Edwards, No. 5 do.
Samuel Jeanes, No. 21 north Front street, 400 00
No. 25 do.
No. 27 do. No. 29 and 31 do.
Wm. Kester, corner of Jones alley & Front st. 400 00
Back building of do. 100 00
Mrs. Allen, No. Jones' alley,
72 00
Geo. Bowden, No. do.
72 00
J. Gillmore, No. 17 do.
120 00 J. Travilla, No. 19 do.
P. Dwyer, No. do. 172 00
J. G Ifarker & Co. No. 20 north Front street, 1600 00
H. C. Corbit, No. 22 do.
1600 00
Gill, Ford & Co. Nos. 24 & 26 do.
3000 00
No. 28 do.
J. Robinson, No. 29 north Water street, 550 00
D. Vicers, No. 27 do. 400 00
S. V. Anderson & son, No. 25 da, 450 00
S. Girard's dwelling, No. 23 do.
S. Comly, Nos. 13 & 15 .,do.
2000 00
Do. No. 11 do.
Do. No. 9 north wharves,
M. Weaver & Son, No 20 north Water street,
Nagle & Trautwine, No 24 north Water street, 48 00 J. Scattergood, ferry house, No. 9 north Water
· street, bar room in store on the wharf (late Bickley's) and slip, 1200 CO
R. Brooks, counting room, in do. 100 00
J. Fenton, sail loft in do. 165 00 Moffat & Killion, 2 rooms in do. 250 00 S. Comly, one room in do at $10 per month, 120 00
M. Weaver & Son, one do. in do. at $10 per mo.
120 00
A. Atkinson, No. Schriver's Court, 165 00
Mrs. Lehman, No. 56 north Eighth street, 205 00
J. lland, first floor of No. 7 north wharves, 1000 00
Upper part of do. vacant,
First floor, No. 11 north wharves, occupied by S. G.
Upper part of do. vacant,
No. 12 north wharves, occupied by S. G.
No. 13
do.
do.
do.
No. 26 north Water street and cellar do. No. 28 do. do
do.
No. 2,9 Coates street, (vacant, )
1
P. Carpenter, No. 211 Coates street, 257 50
Joseph Smith, No. 213 do.
257 50
B. E. Carpenter, No. 215 do.
257 50
Q. Parry, No. 217 do.
257 50
C. F. Folwell, No. 219 do.
257 50
J. A. Elkinton, No. 221 do.
257 50
John Bossler, No. 223 do.
257 50
J. A. Barclay, No. 225 do.
257 50
Mrs. Ruschenberger, No. 227 do.
257 50
J. If. Connell, No 229 do. 257 50
Jesse Roberts, No. 231 from 15th December, 257 50 Richard Foulke, No. 233 from 26th. October, 257 50
No. 235 vacant,
J. Cozzens, N. W. corner of Coates & Sixth st. 90 00
D. Mayland, dairy farm, Moyamensing, 900 00
Philadelphia. Jan. 12, 1832.
Sin :- The executors of the will of Stephen Girard, late of this city, deceased, respectfully transmit through you, to the Select and Common Councils, a second list of certain Real Estate, situate in the county of Philadel- phia, constituting a part of the residuary estate, which passed under the devise to the Mayor, Aldermen, and citizens of Philadelphia.
In relation to that part of the said real estate, which the testator devoted to the purposes of a College for White Male Orphans, namely the forty-five acres of land, situate in Penn Township, the executors deem it their duty to make to Councils at the present time, these representations: In order to render the entire scite of the College as secure and as free from all intrusion as possible, and also to give the orphans an ample space for exercise, and agricultural and mechanical pursuits for instruction and recreation, the testator designed that there should be a stone wall around the whole premises, and not a brick wall as specified in his will in relation to his city square; to this end he caused a quarry on the said premises to be worked, in order to provide stone for the intended wall, and of that part of the wall in front of the Ridge Road he made arrangements for early construction. These circumstances are stated under an impression that the intentions of the testator will be carried into execution, in these particulars; but chiefly to call the prompt attention of Councils to the impor- tance of an early attention to the premises referred to, in connexion with the streets, which it may be proposed to open in Penn Township, through any part of the said forty-five acres.
The executors anxiously hope that Councils will seek and obtain the passage of such a law as shall prevent the opening of any street through the premises referred to: and they persuade themselves, that, in a matter so desirable by the testator, and so important to the com- munity, opposition from no quarter will be met with, 800 00 ·now especially as some of the streets, which it might be 1000 00 proposed to open, are already interrupted by the East- 300 00 1 ern Penitentiary.
PROCEEDINGS OF COUNCILS.
1832.]
125 00
40
PROCEEDINGS OF COUNCILS.
JANCART
Any explanation required will be given, if i'n the power of the executors. Respectfully, TIMOTHY PAXSON, THOS. P COPE, JOSEPH ROBERTS, W. J. DUANE, JOHN A. BARCLAY.
B. W. RICHARDS, Esq. Mayor of Philadelphia. SCHEDULE
Of Lands in Passyunk, Moyamensing, and Penn Townships, in the County of Philadelphia, belonging to the late Stephen Girard.
O. Plantation in Passyunk township, Philadel- Acres per.
phia county, containing in 2 tracts on oppo- site sides of the road, 70 135
P. Tract or piece of land in Passyunk township, bought of A Shitzline, containing 5 131
Q. Tract of land in Passyunk township, bought of David Lentz, containing 4 65
R. Tract of land in Passyunk township, bought of J. Lentner, 7 130
S. Two pieces of meadow ground in Moyamen- sing township, one of them 23 acres 86 perches, and the other 16 acres 139 perches, bought of R. H. Wilcocks, 40 65
T. Five lots of land in Passyunk township, bought of E. Gaulbert, four of them, to wit: 6 acres 107 perches, 1 acre 7 perches, 3 acres 110 perches, and 7 acres 40 perches, toge- ther 18 acres 104 perches, and the 5th lot, being a landing on Schuylkill,contents where- V.of not mentioned, 18 104
U. Tract of land in Passyunk township, late estate of Christian Deshong, deceased, bought at Sheriff's sale, -
8 30
Messuage and piece of ground in Passyunk township, late Messmer's, containing 1 50
W. Messuage and tract of land on Schuylkill, in Passyunk township, bought of Benedict Dorsey, 00
24
X. Three contiguous tracts of land in Passyunk township, bought of Anna Catharine Pritchett, containing in all 28 33
Y. Tract of land in Passyunk township, bought of John Hopkins and Willet Smith, executors &c. of William Ferguson deceased, contain- ing 7 114
Also, deed from John Field to S. G. for 9 147 (including the above paid for twice) leaving 2 33
Z. Messuage and three contiguous lots of ground in Passyunk township, bought of Margaret Lodge, administratrix of John Lodge, de- ceased, containing 18 00
FF. Two adjoining pieces of meadow ground in Moyamensing, bought of Geo. Tallman, containing 6 acres 110 perches and I acre 40 perches, together, 7 150
GG. Two lots of ground in Passyunk township, one of them containing 5 acres 40 perches, the other being a landing on Schuylkill, bought of George Sheeler,
5 40
II. One lot of land in Moyamensing, bought of John Wagner and wife. containing 13 00
KK. Two lots of land in Passyunk township, late Hargesheimer's, 5 acres 90 perches, and 4 acres 25 perches, together, 9 115
LL. A.lot of land in Passyunk township, late Philip Young's, deceased, containing 22 12
MM. Sundry lots of land in Passyunk township, called the Schuylkill Point meadows, late Lawrence Seckel's, bought at Sheriff's sale, 108 70 NN. Twolots of land in Moyamensing, bought of the Pennsylvania Hospital, 11 acres 85 perches and 7 acres 94 perches, 19 19
00. A lot of land in Passyunk Township and
a water lot on Schuylkill, bought of Geo. Hoffner, containing 4 33
PP. A lot of land in Passyunk, adjoining the Schuylkill Point meadows, bought of Mary Muhlenberg, containing 4 00
QQ. Two lots of land in Passyunk, late Law- rence Seckel's, bought at Sheriff"'s sale one lot 4 acres 5 perches, the other 16 acres 100 perches, 20 103
SS. A lot of ground in Moyamensing, bought of Richard Renshaw, containing 17 00
TT. A lot of land in Passyunk township, bought of the heirs of John Martin Cubler, containing 8 40
UU. A lot of land in Passyunk, bought of John Long, containing 2 00
BBB. Two lots of meadow land in Moyamen- sing, bought of Henry Clymer, one lot 6 54, the other 4 10, 10
64
HHH. A lot of land in Passyunk, late F. Voll- mer's, bought at Sheriff's sale, containing 3 00 MMM. A lot of land in Passyuuk, bought of John K. Helmuth, containing 30 150
VVV. Two lots of land and dwelling house in Passyunk, late Peter Deshong's, bought at Sheriff's sale 36 142
DDDD. A lot of ground in Passyunk, bought of the estate of Jona. Fell, containing 80
LLLL: A lot of ground with mansion house and out buildings in Penn township, bought of William Parker and others, called "Peel Hall," situate on the Ridge Road turnpike, containing 45 00
Total acres, 610 28
Mr. DUANE, from the executors of the late Stephen Girard, made the following statement:
To the Select and Common Councils of the City of Phil- adelphia.
The following representation is respectfully made, to the constituted authorities of Philadelphia, by the Exe- cutors of the will of Stephen Girard
From the will of Stephen Girard, it appears that, ha- ving made the city of Philadelphia his residuary devisee, he was anxious that as large an income as possible should be derived from his real estate: to effect this ob- ject, he declares it to be his intention, that the square of ground formed by High and Chesnut, Eleventh and Twelfth streets, should be built upon and improved: It is not, however, in the will alone, that evidence of the testator's anxiety on this subject, is found: relying upon the strength of his constitution, and upon those simple habits, which had fostered the bounty of nature, he be- gan in his eighty-second year, to improve the square referred to; and made in relation to this part of his estate, such arrangements as it had been his practice to make when about to build upon others-he caused the numerous trees upon the square to be cut down-be caused preparations, now in the state of forwardness, for making bricks upon it to be commenced-he pre- scribed a general plan, according to which, the entire square should be built upon, and a particular plan for distinct classes of houses, as to position and dimensions -he engaged the services of several superintendents and agents, by some of whom work was begun, and by others of whom contracts were entered into-he made some contracts for lumber himself, directing the sizes according to the dimensions of the houses determined upon: but in the midst of these, and other such under- takings, the career of the beneficent projector, was ar- rested by the hand of death.
It will be further observed, in the will of the testator, that he recommends to his executors to see that his intentions, in relation to his residuary estate, including the square above mentioned, should be strictly complied with : so that the Executors deem it their duty to make known to the constituted authorities of Philadelphia, the facts above
41
· PROCEEDINGS OF COUNCILS.
1892.]
stated, in order that measures may be taken to prose- cute the work, now in part suspended; they take it for granted, that the plan of the testator will be adhered to, and that those agents in whom he confided, and who fully understand his views, will be continued in their oc- cupations, because a change, besides being ungracious in itself, could, they believe, have no salutary effect; but would, on the contrary, be followed by delay, and perhaps by loss and litigation-all of which the testator deprecated.
In saying this the Executors trust that they do not pass the line of duty or propriety: they covet no control, and simply say, that it will give them pleasure to co-op- erate with the city authorities in faithfully carrying the testator's intentions into early and efficient execution.
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