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. XII, Part 103

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438

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. XII > Part 103

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Mr. Hutchinson presented a petition from Michael A. Cline, praying Councils to release a certain lot which he held on ground rent, from the judgment given him as tax collector. Petition granted.

Messrs. Smith and Huston presented sundry petitions in favor of lighting the city with gas. Referred to the committee who have charge of that subject.

A petition was presented from Robert Earp and oth- ers, praying that Ashton street, from Arch to Filbert, may be levelled and regulated. Referred.

Mr. Huston offered a resolution empowering the committee on Gas to send a suitable person to Europe, for the purpose of collecting information on the subject of lighting large towns with Gas. Laid on the table.

On motion of Mr. Chandler, Councils proceeded to the election of 18 managers of the Wills' Hospital. The following was the result:

FOR ONE YEAR.

Charles Stout, Michael McGrath, Dr. J. R. Paul, James Cresson, Thomas Snowden.

Andrew M. Jones,

FOR TWO YEARS.

Wm. Morrison,

Joseph Aken.

Isaac Elliot, Benjamin H. Yarnall,

Samuel Spacksman, Frederick Erringer,

FOR THREE YEARS.

Robert Flemming,

Dr. Joseph Parrish,

Ephraim Haines,

George Ralston, Wm. T. Smith, Daniel Groves.

Mr. Kirk presented a petition from the Little Schuyl- kill Coal Company, offering to rent for a term of years, certain city property on the Schuylkill, provided it were slightly improved. Referred.

Mr. Smith presented a communication, recommend- ing the adoption of Mr. Trautwine's plan of a Washing- ton Monument, in the place of that by Mr. Strickland, which will cost $25,000 less. Laid on the table.

To the Select and Common Councils of Philadelphia. THE COMMITTEE ON "WILLS' LEGACY" RE- PORT,

That the Hospital erected under their direction, and in accordance with the last will and testament of the late James Wills, is now completed.

As no official report has been made to the councils, since the first appointment of this committee, they deem

it expedient to give a detailed account of their proceed- ings. The lot on which the Hospital is built, is situat- ed on the south side of Sassafras street, directly oppo- site Logan Square, and extends from Sassafras to Cher- ry streets, and from Fourth to Fifth streets from Schuyl- kill; it was purchased for the sum of twenty thousand dollars.

On the 10th of January, 1832, the councils adopted the design for the Hospital, furnished by Thomas U. Walter; and referred the same to this committee for execution.

On the 24th of February, they appointed Mr. Wal- ter, architect.

Preliminary arrangements were then made for com- mencing the building in the spring; and on the second day of April, 1832, the corner stone was laid in the pre- sence of the committee.

At a meeting held on the 13th of April, a sub-com- mittee of three members was appointed to superintend the construction of the Hospital. This committee have attended weekly at the work, and have paid the ex- penses incurred in executing the design; by orders drawn upon the Mayor and City Treasurer, they being trustees of the estate of the late James Wills.

The following account of the state of the funds is submitted for the information of Councils.

. On the 24th of May, 1831, the residue of the Estate was paid to the Mayor and City Treasurer. On that day it consisted of stocks at par value, $98,907 29

Cash 6,789 06

Real Estate cost 2,700 00

$108,396 35

Since which time the estate has accu-

mulated as follows:

Rents on Real Estate, &c. 750 70

Interest on Stocks 10,165 56

Gain on sale of stocks above par value, these sales being made to meet the expenses of the building', 3,040 47

Sale of refuse materials, 195 49

$122,548 57

Out of which there has been paid: For lot 20,000 00

Premium on plans, taxes, drawing deed, &c. 381 12

Cost of filling up lot, fencing, constructing culvert to car-

ry off the water from the

house, &c.

7,461 35

Expense of building the Hos-

pital 29,361 22 57,203 69

$65,344 88

Leaving a balance of

This fund is now invested as follows:

In United States 5 per cent. loan, $47,000

In City 5g per cent. loan, 14,000

In Real Estate in the N. Li-

berties,

2,700

Balance in the hands of the

Treasurer, not invested 1,644 88

$65,344 88 The annual income arising from the aforesaid Stocks amounts to $3,120

From the real estate after deducting taxes,

&c,

100

Making $3,220

Out of which there is an annuity of $200 to be paid to Rachel Wise, during her natural life, leaving for the support of the Institution, the sum of $3,020 per an- num.

The Hospital is sufficiently spacious for the accom-

339

LAND TITLES.

1833.]

modation of about seventy persons, together with the requisite attendants; it is 80 feet front, by 50 feet deep; having a piazza on the south side, 80 feet long, by 12 feet wide; the floor of this piazza is on the same plan with the floor of the principal story, the space below forms part of the kitchen.

The building consists of a basement story, having an elevation of 8 feet above the surface of the ground; a principal story of 15 feet in height, and an upper story of 12 feet elevation, the whole is crowned with an attic of 24 feet in width, by 80 feet in length.

"The front on Sassafras street, is composed of sand stone; it is ornamented with 6 Ionic Pilasters, support- ing a proportionate entablature and pediment.

'The front door is in the principal story, and is ap- proached by means of a flight of steps, surmounted by a Grecian Ionic Portico of four columns, the whole of which is composed of the same material as the rest of the front.

The remaining part of the building is composed of rubble stone, and roughcast in imitation of the front.

'The whole interior arrangement of the house is di- vided into two parts, one for males and the other for females.

The basement story contains

A kitchen 27 by 32 feet, Two dining rooms, each. 21 by 32 feet,

Two pantries, each 10 by 14 feet,

Two bathrooms, each 10 by 14 feet,

A scullery, 11 by 20 feet, and A cellar for fuel, 11 by 20 feet.

The Schuylkill water is introduced into two bath- rooms, the scullery and the yard, the whole of this sto- ry is arched.

The principal story contains

A steward's office, 16 by 21 feet,

A steward's parlor, 16 by 21 feet,

A vestibule, 11 by 21 feet,

A chapel, 21 by 32 feet, and

Six dormitories, each 10 by 15 feet.

The upper story contains

A chamber for steward, 16 by 21 feet,

A chamber for domestics, 16 by 21 feet,

An infirmary, 21 by 32 feet,

Seven dormitories, each 10 by 15 feet, .

And one dormitory, 11 by 21 feet.

The attic story is divided into two rooms, each 24 by 38 fect.

The stairways of the basement, and principal stories, are composed of marble, with iron railings.

The whole building is heated by means of two fur- naces placed in the cellar: the warm air is conveyed in- to every room in the house, through flues constructed in the walls for the purpose.

The committee have made use of these furnaces for drying the building, and they find them to answer the purpose effectually.

In addition to this mode of heating, fire places were constructed in all the dormitories, for purposes of ven tilation, and to resort to, in case of accident with the furnaces.

The whole building, including the south piazza, is roofed with copper.

When the house was commenced, the lot was several feet below the level of the surrounding streets, this the committee have filled up, and leveled for purposes of gardening; they have also had a good and substantial board fence put around the whole square, excepting about 120 feet directly in front of the building; this is secured by a strong iron railing, placed upon a wall two feet high, composed of cut stone, forming a quadrant from each corner of the front steps, extending to the line of the street; the building recedes 50 feet from said line.

The committee have had a perpetual insurance of 1701. $8000 effected upon the building, in the Pennsylvania

Fire Insurance Co.'s Office; the policy is deposited with the City Treasurer.

All the accounts pertaining to the construction of the Hospital have been fairly kept, in books provided for the purpose, which books, (having been properly balanced and closed, ) are deposited in the hands of the City Treasurer, together with all the papers pertaining to the building.

The Committee are gratified in having it in their pow- er to say, that the Wills'. Hospital is a strong, substan- tial, and well built house, the materials are of the best quality, and well put together.

In concluding this report, the Committee deem it unnecessary to pass an eulogium on the memory of James Wills, for his bountiful donation, to a charity which must be highly approved by every benevolent and philanthropic mind; and much as we regret, that the sum left for the support of the institution, is not sufficient to relieve the sufferings of as many of the af- flicted as could be wished. We fondly hope, that other of our fellow citizens, prompted by like charitable feel- ings towards the unfortunate subjects who are intended to participate in the advantages of this institution, will laudably contribute towards increasing the means of its support; which must be acknowledged by all to be of that nature, which is calculated to excite the feelings of the truly benevolent.

All of which is respectfully submitted. JOSHUA LIPPINCOTT.

DANIEL GROVES, JOSEPH WORRELL, R. M'MULLIN,

ENOCH ROBBINS,

R. M. HUSTON, B. H. YARNALL.

Philadelphia, Nov. 28, 1833.

LAND TITLES. (Continued from page 345.) Miscellaneous Facts.

Edward Pennington, the Second Surveyor General of the province, died on the 10th of January, 1701 .- Thereupon,

The commissioners of property resolved, That no such officer be appointed until the pleasure of the pro- prietor be known.

That the said office with all the books, records, war- rants, and papers helonging thereto, shall be taken in- to the commissioners' hands, and remain under their care, and that the secretary shall chiefly superintend the same, with an able and fit hand, well skilled in sur- veying.

That Jacob Taylor, now concerned in a school at Ab- ington, be invited to take the management of said of- fice under the secretary.

All warrants to be directed to the several surveyors of the respective counties, to be returned into the sur- veyor's office, at Philadelphia.

. That only copies of the warrants shall be sent into the country, attested by the secretary, and the original re- main in the office as before, and be entered on the books, and every original warrant shall express that the original shall remain in the surveyor's office,in Phil- adelphia, Book C, p, 64.

The proprietor had mortgaged the province, by deeds of lease and release, dated the 6th and 7th of Oc- tober, 1708, to Henry Gouldney, Joshua Gee, Sylvanus Grove, John Woods, Thomas Callowhill, Thomas Oade, and Jeffery Pinnel, with power to sell, &c.

On the ninth of November, 1711, William Penn ex- ecuted a commission to Edward Shippen, Samuel Car- penter, Richard Hill, Isaac Norris, and James Logan, as commissioners of property, with the same powers, and in the same terms, as the commission of October,

The mortgagees, by deed, dated November 10th,

360

LAND TITLES.

[DECEMBER

1711,empower the same commissioners to collect rents, grant and confirm lands, &c. (Book H.)

There was no Surveyor General from the 10th of Ja- nuary, 1701, until the beginning of March, 1706-7, when Jacob 'Taylor was appointed, who continued un- til Benjamin Eastburne was appointed, on or about the 29th of October, 1733, who continued until 1741. Wil- liam Parson's commission as Surveyor General, bears date, August 22d, 1741. His successor, Nicholas Scull, was appointed in the beginning of 1748. John Lukens, who succeeded him, was appointed in Decem- ber, 1761, and continued by re-appointment under the commonwealth, until his death, in 1789.

Daniel Broadhead was appointed 3d of November, 1789, and continued by re-appointments until 23d of April, 1800.

Samuel Cochran was appointed 23d of April, 1800. Andrew Porter was appointed April 4th, 1809.

A tract of land, called the Welsh tract, containing forty thousand acres, was surveyed by virtue of a war- rant dated March 13th, 1684. The object of it was to accommodate the settlers, who came from Wales, and desired to be seated together. It appears, however, from the early records, that they were not numerous enough to occupy the whole of it; but they applied to the commissioners of property for liberty to appropriate it all; but the commissioners insisted on interest and quit-rents from the date of the warrant, which they did. not accede to. The unsettled part of it was therefore left open to other purchasers, and many warrants were afterwards issued to survey lands within its bounds.

There was no uniform frame of warrants in early times. Previous to the year 1733, they continued this clause, "If not seated by the Indians;" but in the war- rants issued by Thomas Penn, this clause was omitted.

In the warrants issued by Thomas Penn, especially for lands within manors, an entire new clause appears to have been introduced: viz. "to pay a year's rent at every alienation;" but in those rights which were taken out at fifteen pounds ten shillings for one hundred acres, this clause was omitted.

In many warrants it is expressed that the warrantee should forthwith fulfil the terms, or the warrant to be void; but most generally, it runs thus, " That the pur- chaser should comply with the terms within six months, or the warrant should be void." And in the earliest times, interest is made to commence from the time of any settlement, or improvement.

The terms of sale were equally irregular and uncer- tain. As the commissioners had authority to grant lands, for such suins and quit-rents, as to them, or any three of them, should seem just and reasonable; so there was no uniform system before the year 1732. Not only the. prices, but the quit-rents were various. The warrants sometimes expressed the terms of the contract; but very frequently did not. In many cases the quit rents to be paid are inserted in the warrants, without purchase mo- ney; and from the variety, and amount of quit-rents in several cases, it would appear as if the grant had been without purchase money. Before the year 1713, five pounds a hundred acres, and a bushel of wheat, more frequently one shilling sterling, quit-rent, were the common terms, and called new terms. In 1713, lands were granted at seven pounds, ten pounds, and fifteen pounds a hundred acres, and the common quit-rent of one shilling sterling. From 1712 to 1715, lands at Oley, and at Conestogoe, were granted at ten pounds a hundred; but the quit-rents varied; in some cases one shilling sterling a hundred acres; in others, a half-pen- ny, and a penny sterling, an acre. In 1730, lands at Oley are charged at fifteen pounds a hundred acres; and in some scattered cases, appearing in the records, the price was still higher. No connected view can there- fore be given of the custom of the Land Office in this respect, previous to the year 1732. From thai time a system begins to appear; and the fixed price was fifteen pounds ten shillings a hundred acres, and one half-pen-

ny sterling an acre, quit-rent, which continued until 1765, excepting a variation about, and between the years 1761 and'1763, when warrants were issued at nine pounds a hundred acres; but the quit-rent was increased to one penny sterling an acre. In the warrants issued under the authority of the trustees of the province, af- ter the year 1719, the terms were, most commonly ten pounds, and one shilling quit-rent, for one hundred acres; and then the warrants are for the first time ex- pressed to be under the less seal of the province, which was continued afterwards, and the reservation is, (vary- ing the expressions) for the use of the trustees of the province," or "for the use of the proprietary trustees."

It has generally been supposed, that the land office was closed from the year 1718, when William Penn died, until the arrival of Thomas Penn in the year 1732. With respect to the lands on the east side of Susque- hanna, this needs some observations. Warrants appear to have been issued during the whole time, almost with- out interruption, and in very great numbers. In May, 1719, varrants began to issue for taking up lands, un- der the less seal, paying, as before stated, "to the use of the trustees of the province." As to the proprieta- ryship, it is well known, it was some time in controver- sy, and the will of William Penn was finally established, and the right declared to be in the younger branch of his family. It is true, that from 1720 to 1730, the war- rants were generally to survey old rights, and city lots; but there are some new warrants between those peri- ods, and the warrant for lands at Oley, above mention- ed, at the price of fifteen pounds a hundred, was issued in 1730. But on the west side of the Susquehanna the lands were not then purchased, and no other right to them was vested in the proprietaries, except so far as Dongan's deed, subsequently confirmed, as we have seen, may have been supposed to have given a right to the lands on both sides of Susquehanna, to an indefinite extent. But the terms of the confirming deed of 1700, for the lands on both sides of the river, are "next ad- joining to the same;" and the lands were not clearly purchased until 1736. However this may be consider- ed, we nevertheless find from the records, that Sir Wil- liam Keith, in 1722, with consent of the Indians, as it is said, had a survey made for himself on the west side of the river; which survey is recognized in, and is one of the boundaries of the first survey of the Springetsbury manor; the warrant for which issued on the 18th of June, 1722, and recites it to the request of the Indians, that a large tract of land, right over against their towns on Susquehanna, might be surveyed for the proprietor's use only, &c. The warrant of re-survey, of May 21st, 1762, recites, among other things, that sundry Germans and others, afterwards seated themselves by leave of the proprietors, on divers parts of the said manor, but confirmation of their titles was delayed, on account of the Indian claimn-and that after the purchase of 1736, licenses were given to them, (called Blunston's licenses,) the w! ole granted to be about 12,000 acres. The whole of this transaction may be seen in 4 Dallas, 402, to 410: (Penn's lessee and Kline, ) in the report of which it is said, that the original warrant and survey could not be returned into the land office at that time, "because the land office continued shut from the death of William Penn in 1718, until the arrival of T. Penn, in 1732." The report also states, That Thomas Penn, having purchased the Indian claim to the land, empow- ered Samuel Blunston to grant licences tor 12,000 acres, to satisfy the rights of the settlers, &c. These licenses, or rather promises to the settlers to grant them patents for the lands they had settled, are signed by Thomas Penn, himself, when at Lancaster, October 30th, 1736.

It may be suggested, that there were other reasons why the survey was not returned into the land office, at that, or any other time. (Unimportant indeed as to the title, after its recognition and warrant of re-survey in 1762.) The warrant itself was not issued from the

1833]

LAND TITLES.

361

land office, but under the private seal of governor Keith, lands in 1732, should have been a sufficient caution at Conestogoe. The land had not been purchased from against settling the lands over the river, if some over- the Indians; the office was not open for the sale of ruling necessity had not existed; and what that neces- them; and it was out of the usual course to grant war- sity was, we have seen, 'The Indians seem to have ac- quiesced, and Dongan's deed had been brought before them at every treaty. rants for unpurchased lands, 'The council, on the re- port of the proceedings, seemed cautious about it, and refused to interfere, further than to permit the warrant, A commission was issued to Samuel Blunston, on the 11th of January, 1733-4, to grant licenses to settle and take up lands on the west s'de of Susquehanna. Not because the land office was at that time closed, as has been generally conceived, but because the office could not be opened for those lands, which were not yet purchased of the Indians. and return of survey to be entered on their minutes; although Col. French defended the proceedings, be- cause the facts and circumstances recited in the war- - rant were truly slated, "and, in his opinion, Springet Penn, in whose name the warrant issued, was the late proprietor's heir at law; and whatever turn the affairs of that family might take, to re-settle the property and dominion of the province, he did not conceive this mea- sure would be interpreted, or deemed to the prejudices of a family, for whose service it was so plainly meant and intend. d."

But although the land was out of the purchases, as the Indians consented to the survey, the measure itself cannot but be considered as having been founded on the soundest and wisest policy, and Sir William Keith conducted himself with great zeal for the proprietary interest. The controversy with Maryland, with respect to the provincial boundaries was at its height, and the Marylanders were surveying their warrants, and push - ing their settlements along the Susquehanna, and with- in a short distance from the present town of York, with rapidity. At the treaty, therefore, on the 15th of June, 1722, the governor consulted the natives about making this survey; he told them that when the land should be marked with the proprietary's name upon the trees, it would keep off the Marylanders, and every other per- son whatsoever, from coming to settle near them to dis- turb them.

We have considered say they, of what the governor proposed to us yesterday, and think it a matter of very great importance to us to hinder the Marylanders from settling, or taking up lands so near us on Susquehanna.

We very much approve what the governor spoke, and like his counsel to us very well. But we are not willing to discourse particularly on the business of land, lest the five nations may reproach or blame us.

They then asked the governor, whereabouts, and what quantity of land he proposed to survey for Mr. Penn; who answered, ' from over against the mouth of Conestogoe creek, up to the governor's new settlement (Sir William's own survey, ) and so far back from the river as no person can come to annoy or disturb them in their towns on this side."

They then desired the governor would immediately cause the surveyor to come and lay out the land for William Penn's grandson. The warrant was thereupon issued, and the survey made.

Information of these proceedings was immediately sent by express from governor Keith, to the governor of Maryland.

In order to counteract the Maryland encroachments, it appears further to have been the policy of the pro prietary agents, to invite'and encourage settlements on the borders; and such settlements were made within the manor of Springetsbury. A certain right was ac- quired, and a contract existed, that the title should be made to such settlers, when the purchase from the In- dians should be made. Certificates or licenses were accordingly issued, as we have seen, promising patents upon the usual terms other lands in that country were sold for -- and this contract was afterwards faithfully complied with. The year following the arrival of Tho- mas Penn, this system of settlement was recognized, and pursued by him. The settlements increased; but titles could not be acquired; nor could the land-office be opened for lands on the west side of Susquehanna, as it had not been purchased of the Indians. Thomas Penn, therefore, departed from the practice of his great ancestor. The complaints of the Indians against the settlements at Tulpehocken and the purchase of those VOL. XII.

The first license issued by Samuel Blunston, was dat- ed on the 24th of January, 1733.4, and the last on the 31st of october, 1737, all of which, (and they were nu- merous, ) prior to the 11 h of October, 1736, were for lands out of the Indian purchases, These grants the proprietors were bound to confirm, being issued by their express consent, as soon as they purchased the lands from the natives, upon the clearest legal princi- ples, as expressed in the case of Weiser's lessee, and Moody, before cited.

Here then appears a distinct species of land titles, local in their nature, and different from all the former practice of the province. They were not like the loca- tions or applications of later times, but grants of a high- er nature. In Calhoun's lessee v. Dunning, 4 Dallas, 120, the court say, that Blunston's licenses have always been deemed valid, and many titles in Pennsylvania de- pend on them; and in the lessee of Dunning and oth- ers, v. Carothers, in the supreme court, December, 1803. MSS. Reports, The court say, "That Blunston's licenses partake more of warrants than locations, and have all the essential parts of a warrant.

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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. XII, Part 103

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 438

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438